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School Districts must appoint foster care liaisons

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School Districts must appoint foster care liaisons

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This law requires each school district to appoint an employee as a liason to ensure that children in foster care are able to be enrolled and/or transferred from one school to another. The purpose of this law is to protect children in foster care's education by making sure the paperwork required to enroll or transfer does not hamper their education.

Citation: Tex. EDUC § 33.904

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EDUCATION CODE

TITLE 2. PUBLIC EDUCATION

SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES

CHAPTER 33. SERVICE PROGRAMS AND EXTRACURRICULAR ACTIVITIES

SUBCHAPTER A. SCHOOL COUNSELORS AND COUNSELING PROGRAMS

Sec. 33.002. CERTIFIED SCHOOL COUNSELOR. (a) From funds appropriated for the purpose or other funds that may be used for the purpose, the commissioner shall distribute funds for programs under this subchapter. In distributing those funds, the commissioner shall give preference to a school district that received funds under this subsection for the preceding school year and then to the districts that have the highest concentration of students at risk of dropping out of school, as described by Section 29.081. To receive funds for the program, a school district must apply to the commissioner. For each school year that a school district receives funds under this subsection, the district shall allocate an amount of local funds for school guidance and counseling programs that is equal to or greater than the amount of local funds that the school district allocated for that purpose during the preceding school year. This section applies only to a school district that receives funds as provided by this subsection.

(b) A school district with 500 or more students enrolled in elementary school grades shall employ a school counselor certified under the rules of the State Board for Educator Certification for each elementary school in the district. A school district shall employ at least one school counselor for every 500 elementary school students in the district.

(c) A school district with fewer than 500 students enrolled in elementary school grades shall provide guidance and counseling services to elementary school students by:

(1) employing a part-time school counselor certified under the rules of the State Board for Educator Certification;

(2) employing a part-time teacher certified as a school counselor under the rules of the State Board for Educator Certification; or

(3) entering into a shared services arrangement agreement with one or more school districts to share a school counselor certified under the rules of the State Board for Educator Certification.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 6.005(a), eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 39, eff. September 1, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 27, eff. June 14, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 28, eff. June 14, 2013.

Sec. 33.003. PARENTAL CONSENT. The board of trustees of each school district shall adopt guidelines to ensure that written consent is obtained from the parent, legal guardian, or person entitled to enroll the student under Section 25.001(j) for the student to participate in those activities for which the district requires parental consent.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 33.004. PARENTAL INVOLVEMENT. (a) Each school shall obtain, and keep as part of the student's permanent record, written consent of the parent or legal guardian as required under Section 33.003. The consent form shall include specific information on the content of the program and the types of activities in which the student will be involved.

(b) Each school, before implementing a comprehensive school counseling program under Section 33.005, shall annually conduct a preview of the program for parents and guardians. All materials, including curriculum to be used during the year, must be available for a parent or guardian to preview during school hours. Materials or curriculum not included in the materials available on the campus for preview may not be used.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.10, eff. December 1, 2019.

Sec. 33.005. COMPREHENSIVE SCHOOL COUNSELING PROGRAMS. (a) A school counselor shall work with the school faculty and staff, students, parents, and the community to plan, implement, and evaluate a comprehensive school counseling program that conforms to the most recent edition of the Texas Model for Comprehensive School Counseling Programs developed by the Texas Counseling Association.

(b) The school counselor shall design the program to include:

(1) a guidance curriculum to help students develop their full educational potential, including the student's interests and career objectives;

(2) a responsive services component to intervene on behalf of any student whose immediate personal concerns or problems put the student's continued educational, career, personal, or social development at risk;

(3) an individual planning system to guide a student as the student plans, monitors, and manages the student's own educational, career, personal, and social development; and

(4) system support to support the efforts of teachers, staff, parents, and other members of the community in promoting the educational, career, personal, and social development of students.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1487, Sec. 2, eff. June 17, 2001.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 29, eff. June 14, 2013.

Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.11, eff. December 1, 2019.

Sec. 33.006. SCHOOL COUNSELORS; GENERAL DUTIES. (a) The primary responsibility of a school counselor is to counsel students to fully develop each student's academic, career, personal, and social abilities.

(b) In addition to a school counselor's responsibility under Subsection (a), the school counselor shall:

(1) participate in planning, implementing, and evaluating a comprehensive developmental guidance program to serve all students and to address the special needs of students:

(A) who are at risk of dropping out of school, becoming substance abusers, participating in gang activity, or committing suicide;

(B) who are in need of modified instructional strategies; or

(C) who are gifted and talented, with emphasis on identifying and serving gifted and talented students who are educationally disadvantaged;

(2) consult with a student's parent or guardian and make referrals as appropriate in consultation with the student's parent or guardian;

(3) consult with school staff, parents, and other community members to help them increase the effectiveness of student education and promote student success;

(4) coordinate people and resources in the school, home, and community;

(5) with the assistance of school staff, interpret standardized test results and other assessment data that help a student make educational and career plans;

(6) deliver classroom guidance activities or serve as a consultant to teachers conducting lessons based on the school's guidance curriculum; and

(7) serve as an impartial, nonreporting resource for interpersonal conflicts and discord involving two or more students, including accusations of bullying under Section 37.0832.

(c) Nothing in Subsection (b)(7) exempts a school counselor from any mandatory reporting requirements imposed by other provisions of law.

(d) Except as provided by Subsection (e), the board of trustees of each school district shall adopt a policy that requires a school counselor to spend at least 80 percent of the school counselor's total work time on duties that are components of a counseling program developed under Section 33.005. For purposes of this subsection, time spent in administering assessment instruments or providing other assistance in connection with assessment instruments, except time spent in interpreting data from assessment instruments, is not considered time spent on counseling. Each school in the district shall implement the policy. A copy of the policy shall be maintained in the office of each school in the district and made available on request during regular school hours to district employees, parents of district students, and the public.

(e) If the board of trustees of a school district determines that, because of staffing needs in the district or at a school in the district, a school counselor must spend less than 80 percent of the school counselor's total work time on duties that are components of a counseling program developed under Section 33.005, the policy adopted under Subsection (d) shall:

(1) include the reasons why the counselor needs to spend less than 80 percent of the counselor's work time on duties that are components of the counseling program;

(2) list the duties the counselor is expected to perform that are not components of the counseling program; and

(3) set the percentage of work time that the counselor is required to spend on components of the counseling program.

(f) A school district may not include a provision in an employment contract with a school counselor under Chapter 21 that conflicts with the policy required by Subsection (d) or, except as provided by Subsection (g), has the effect of authorizing a school principal or school district superintendent to require a school counselor to generally perform duties that are not primarily related to a counseling function.

(g) A school district to which Subsection (e) applies may not include a provision in an employment contract under Chapter 21 with an affected school counselor that has the effect of requiring the counselor to generally perform a duty that is not primarily related to a counseling function unless the duty is specified in the district's policy under Subsection (e)(2).

(h) Each school district shall annually assess the district's compliance with the policy adopted under Subsection (d) and, on request by the commissioner, provide a written copy of the assessment to the agency on or before the date specified by the commissioner. The commissioner shall adopt rules to implement this subsection.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1487, Sec. 3, eff. June 17, 2001.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 30, eff. June 14, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 31, eff. June 14, 2013.

Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 10, eff. September 1, 2017.

Acts 2021, 87th Leg., R.S., Ch. 938 (S.B. 179), Sec. 1, eff. September 1, 2021.

Sec. 33.007. COUNSELING REGARDING POSTSECONDARY EDUCATION. (a) Each school counselor at an elementary, middle, or junior high school, including an open-enrollment charter school offering those grades, shall advise students and their parents or guardians regarding the importance of postsecondary education, coursework designed to prepare students for postsecondary education, and financial aid availability and requirements.

(b) During the first school year a student is enrolled in a high school or at the high school level in an open-enrollment charter school, and again during each year of a student's enrollment in high school or at the high school level, a school counselor shall provide information about postsecondary education to the student and the student's parent or guardian. The information must include information regarding:

(1) the importance of postsecondary education;

(2) the advantages of earning an endorsement and a performance acknowledgment and completing the distinguished level of achievement under the foundation high school program under Section 28.025;

(3) the disadvantages of taking courses to prepare for a high school equivalency examination relative to the benefits of taking courses leading to a high school diploma;

(4) financial aid eligibility;

(5) instruction on how to apply for federal financial aid;

(6) the center for financial aid information established under Section 61.0776;

(7) the automatic admission of certain students to general academic teaching institutions as provided by Section 51.803;

(8) the eligibility and academic performance requirements for the TEXAS Grant as provided by Subchapter M, Chapter 56;

(9) the availability of programs in the district under which a student may earn college credit, including advanced placement programs, dual credit programs, joint high school and college credit programs, and international baccalaureate programs;

(10) the availability of education and training vouchers and tuition and fee waivers to attend an institution of higher education as provided by Section 54.366 for a student who is or was previously in the conservatorship of the Department of Family and Protective Services; and

(11) the availability of college credit awarded by institutions of higher education to veterans and military servicemembers for military experience, education, and training obtained during military service as described by the informational materials developed under Section 302.0031(h), Labor Code.

(b-1) When providing information under Subsection (b)(10), the school counselor must report to the student and the student's parent or guardian the number of times the counselor has provided the information to the student.

(b-2) Information provided under Subsection (b)(11) must explain to any student who is enlisted or intends to enlist in the armed forces of the United States the informational materials developed under Section 302.0031(h), Labor Code.

(c) At the beginning of grades 10 and 11, a school counselor certified under the rules of the State Board for Educator Certification shall explain the requirements of automatic admission to a general academic teaching institution under Section 51.803 to each student enrolled in a high school or at the high school level in an open-enrollment charter school who has a grade point average in the top 25 percent of the student's high school class.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 973 (S.B. 282), Sec. 2, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1342 (S.B. 175), Sec. 4, eff. June 19, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 29(a), effective beginning with the 2014-2015 school year.

Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 30(a), eff. June 10, 2013.

Acts 2017, 85th Leg., R.S., Ch. 481 (H.B. 2537), Sec. 1, eff. June 9, 2017.

Acts 2017, 85th Leg., R.S., Ch. 550 (S.B. 490), Sec. 1, eff. June 9, 2017.

Acts 2019, 86th Leg., R.S., Ch. 37 (H.B. 114), Sec. 1, eff. May 16, 2019.

Sec. 33.009. POSTSECONDARY EDUCATION AND CAREER COUNSELING ACADEMIES. (a) In this section, "coordinating board" means the Texas Higher Education Coordinating Board.

(b) The coordinating board shall develop and make available postsecondary education and career counseling academies for school counselors and other postsecondary advisors employed by a school district at a middle school, junior high school, or high school.

(c) In developing academies under this section, the coordinating board shall solicit input from the agency, school counselors, the Texas Workforce Commission, institutions of higher education, and business, community, and school leaders.

(d) An academy developed under this section must provide counselors and other postsecondary advisors with knowledge and skills to provide counseling to students regarding postsecondary success and productive career planning and must include information relating to:

(1) each endorsement described by Section 28.025(c-1), including:

(A) the course requirements for each endorsement; and

(B) the postsecondary educational and career opportunities associated with each endorsement;

(2) available methods for a student to earn credit for a course not offered at the school in which the student is enrolled, including enrollment in an electronic course provided through the state virtual school network under Chapter 30A;

(3) general academic performance requirements for admission to an institution of higher education, including the requirements for automatic admission to a general academic teaching institution under Section 51.803;

(4) regional workforce needs, including information about the required education and the average wage or salary for careers that meet those workforce needs; and

(5) effective strategies for engaging students and parents in planning for postsecondary education and potential careers, including participation in mentorships and business partnerships.

(d-1) An academy developed under this section may include information regarding social-emotional learning and indicators of behavioral issues.

(e) The coordinating board shall develop an online instructional program that school districts may use in providing the instruction in high school, college, and career preparation required by Section 28.016. The program must be structured for use as part of an existing course.

(f) Repealed by Acts 2021, 87th Leg., R.S., Ch. 1001 (H.B. 2827), Sec. 2, eff. June 18, 2021.

(g) A teacher of a course described by Section 28.016(c)(2) or (3) may attend an academy developed under this section.

(h) From funds appropriated for that purpose, a school counselor who attends the academy under this section is entitled to receive a stipend in the amount determined by the coordinating board. If funds are available after all eligible school counselors have received a stipend under this subsection, the coordinating board shall pay a stipend in the amount determined by the coordinating board to a teacher who attends the academy under this section. A stipend received under this subsection is not considered in determining whether a district is paying the school counselor or teacher the minimum monthly salary under Section 21.402.

(i) From available funds appropriated for purposes of this section, the coordinating board may provide to school counselors and other educators curricula, instructional materials, and technological tools relating to postsecondary education and career counseling.

(j) Repealed by Acts 2021, 87th Leg., R.S., Ch. 1001 (H.B. 2827), Sec. 2, eff. June 18, 2021.

Added by Acts 2015, 84th Leg., R.S., Ch. 988 (H.B. 18), Sec. 5, eff. June 19, 2015.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 961 (S.B. 504), Sec. 1, eff. June 14, 2019.

Acts 2021, 87th Leg., R.S., Ch. 1001 (H.B. 2827), Sec. 1, eff. June 18, 2021.

Acts 2021, 87th Leg., R.S., Ch. 1001 (H.B. 2827), Sec. 2, eff. June 18, 2021.

SUBCHAPTER B. LIBRARIES

Sec. 33.021. LIBRARY STANDARDS. The Texas State Library and Archives Commission, in consultation with the State Board of Education, shall adopt standards for school library services. A school district shall consider the standards in developing, implementing, or expanding library services.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 33.022. CONTRACT WITH COUNTY OR MUNICIPALITY. (a) A school district may enter into contracts with a county or municipality in which the district is located to provide joint library facilities.

(b) The board of trustees of the school district and the commissioners court of the county or governing body of the municipality must conduct public hearings before entering into a contract under this section. The hearings may be held jointly.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

SUBCHAPTER C. MISSING CHILD PREVENTION AND IDENTIFICATION PROGRAMS

Sec. 33.051. DEFINITIONS. In this subchapter:

(1) "Child" and "minor" have the meanings assigned by Section 101.003, Family Code.

(2) "Missing child" means a child whose whereabouts are unknown to the legal custodian of the child and:

(A) the circumstances of whose absence indicate that the child did not voluntarily leave the care and control of the custodian and that the taking of the child was not authorized by law; or

(B) the child has engaged in conduct indicating a need for supervision under Section 51.03(b)(2), Family Code.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 16, eff. September 1, 2015.

Sec. 33.052. MISSING CHILD PREVENTION AND IDENTIFICATION PROGRAMS. (a) The board of trustees of a school district or of a private school may participate in missing child prevention and identification programs, including fingerprinting and photographing as provided by this subchapter.

(b) The board of trustees of a school district may delegate responsibility for implementation of the program to the district's school administration or to the district's community education services administration.

(c) The chief administrative officer of each private primary or secondary school may participate in the programs and may contract with the regional education service center in which the school is located for operation of all or any part of the program through a shared services arrangement.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 33.053. FINGERPRINTS OF CHILDREN. (a) A missing child prevention and identification program may include a procedure for taking the fingerprints of each student registered in the school whose parent or legal custodian has consented in writing to the fingerprinting. Fingerprints obtained under this section may be used only for the identification and location of a missing child.

(b) The board of trustees of a school district or the chief administrative officer of a private school may establish a reasonable fee to cover the costs of fingerprinting not provided by volunteer assistance. The fee may not exceed $3 for each child fingerprinted. If the school charges a fee, the school may waive all or a portion of the costs of fingerprinting for educationally disadvantaged children.

(c) A representative of a law enforcement agency of the county or the municipality in which the school district is located or of the Department of Public Safety, or a person trained in fingerprinting technique by a law enforcement agency or the Department of Public Safety, shall make one complete set of fingerprints on a fingerprint card for each child participating in the program. If the school requests, the Department of Public Safety may provide fingerprint training to persons designated by the school.

(d) A fingerprint card shall include a description of the child, including the name, address, date and place of birth, color of eyes and hair, weight, and sex of the child.

(e) Except as provided by Section 33.054(b), the fingerprint card and other materials developed under this subchapter shall be made part of the school's permanent student records.

(f) A state agency, law enforcement agency, or other person may not retain a copy of a child's fingerprints taken under this program.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 33.0531. CHILD IDENTIFICATION PROGRAM. (a) The agency shall provide to all school districts and open-enrollment charter schools inkless, in-home fingerprint and DNA identification kits to be distributed through the district or school on request to the parent or legal custodian of any kindergarten, elementary, or middle school student.

(b) A parent or legal custodian who receives a fingerprint and DNA identification kit may submit the kit to federal, state, tribal, or local law enforcement to help locate and return a missing or trafficked child.

Added by Acts 2021, 87th Leg., R.S., Ch. 891 (S.B. 2158), Sec. 1, eff. September 1, 2021.

Sec. 33.054. PHOTOGRAPHS OF CHILDREN. (a) A participating school shall retain a current photograph of each child registered in the school whose parent or legal custodian has consented in writing. Photographs retained under this section may be used only for the identification and location of a missing child.

(b) The photograph shall be retained by the participating school until the photograph is replaced by a subsequently made photograph under this section or until the expiration of three years, whichever is earlier.

(c) On the request of a parent or legal custodian of a missing child, or of a peace officer who is engaged in the investigation of a missing child, a participating school may give to the parent, legal custodian, or peace officer a copy of that child's photograph held by the school under this section. Except as provided by this subsection, a photograph held under this section may not be given to any person.

(d) A participating school may charge a fee for making and keeping records of photographs under this section. If the school charges a fee, the school may waive this fee for educationally disadvantaged children.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 33.055. FINGERPRINTS AND PHOTOGRAPHS NOT USED AS EVIDENCE. (a) A child's fingerprint card made under Section 33.053 or a photograph of a child made or kept under Section 33.054 may not be used as evidence in any criminal proceeding in which the child is a defendant or in any case under Title 3, Family Code, in which the child is alleged to have engaged in delinquent conduct or in conduct indicating a need for supervision.

(b) This subchapter does not apply to the use by a law enforcement agency for an official purpose of a photograph published in a school annual.

(c) This subchapter does not prevent the use of a videotape or photograph taken to monitor the activity of students for disciplinary reasons or in connection with a criminal prosecution or an action under Title 3, Family Code.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 33.056. LIABILITY FOR NONPERFORMANCE. A person is not liable in any suit for damages for negligent performance or nonperformance of any requirement of this subchapter.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 33.057. DESTRUCTION OF FINGERPRINTS AND PHOTOGRAPHS. The agency shall adopt rules relating to the destruction of fingerprints and photographs made or kept under Section 33.053 or 33.054.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 891 (S.B. 2158), Sec. 2, eff. September 1, 2021.

SUBCHAPTER D. EXTRACURRICULAR ACTIVITIES

Sec. 33.081. EXTRACURRICULAR ACTIVITIES. (a) The State Board of Education by rule shall limit participation in and practice for extracurricular activities during the school day and the school week. The rules must, to the extent possible, preserve the school day for academic activities without interruption for extracurricular activities. In scheduling those activities and practices, a school district must comply with the rules of the board.

(b) A student enrolled in a school district in this state or who participates in an extracurricular activity or a University Interscholastic League competition is subject to school district policy and University Interscholastic League rules regarding participation only when the student is under the direct supervision of an employee of the school or district in which the student is enrolled or at any other time specified by resolution of the board of trustees of the district.

(c) A student who is enrolled in a school district in this state or who participates in a University Interscholastic League competition shall be suspended from participation in any extracurricular activity sponsored or sanctioned by the school district or the University Interscholastic League after a grade evaluation period in which the student received a grade lower than the equivalent of 70 on a scale of 100 in any academic class other than a course described by Subsection (d-1). A suspension continues for at least three school weeks and is not removed during the school year until the conditions of Subsection (d) are met. A suspension does not last beyond the end of a school year. For purposes of this subsection, "grade evaluation period" means:

(1) the six-week grade reporting period; or

(2) the first six weeks of a semester and each grade reporting period thereafter, in the case of a district with a grade reporting period longer than six weeks.

(d) Until the suspension is removed under this subsection or the school year ends, a school district shall review the grades of a student suspended under Subsection (c) at the end of each three-week period following the date on which the suspension began. At the time of a review, the suspension is removed if the student's grade in each class, other than a course described by Subsection (d-1), is equal to or greater than the equivalent of 70 on a scale of 100. The principal and each of the student's teachers shall make the determination concerning the student's grades.

(d-1) Subsections (c) and (d) do not apply to an advanced placement or international baccalaureate course, or to an honors or dual credit course in the subject areas of English language arts, mathematics, science, social studies, economics, or a language other than English. The agency shall review on a biennial basis courses described by this subsection to determine if other courses should be excluded from the requirement that a student be suspended from participation in an extracurricular activity under Subsection (c). Not later than January 1 of each odd-numbered year, the agency shall report the findings under this subsection to the legislature.

(e) Suspension of a student with a disability that significantly interferes with the student's ability to meet regular academic standards must be based on the student's failure to meet the requirements of the student's individualized education program. The determination of whether a disability significantly interferes with a student's ability to meet regular academic standards must be made by the student's admission, review, and dismissal committee. For purposes of this subsection, "student with a disability" means a student who is eligible for a district's special education program under Section 29.003(b).

(e-1) A student who is enrolled in a school district in this state or who participates in a University Interscholastic League competition shall be prohibited from participation in any future extracurricular activity sponsored or sanctioned by the school district or the University Interscholastic League if the state executive committee of the league determines that the student intentionally, knowingly, or recklessly causes bodily injury to a person serving as referee, judge, or other official of an extracurricular activity in retaliation for or as a result of the person's actions taken in performing the duties of a referee, judge, or other official of the extracurricular activity.

(e-2) A student prohibited from participation in an extracurricular activity under Subsection (e-1) may submit to the University Interscholastic League a request that the student be permitted to participate in future extracurricular activities sponsored or sanctioned by the University Interscholastic League if:

(1) the request is submitted at least:

(A) one year after the date the student engaged in the conduct that resulted in the prohibition under Subsection (e-1) if the student was enrolled in eighth grade or below at the time of the conduct; or

(B) two years after the date the student engaged in the conduct that resulted in the prohibition under Subsection (e-1) if the student was enrolled in ninth grade or above at the time of the conduct;

(2) the student:

(A) completed a course in anger management since engaging in the conduct that resulted in the prohibition under Subsection (e-1);

(B) completed any other course, activity, or action required by the school district in which the student is enrolled as a result of the conduct that resulted in the prohibition under Subsection (e-1); and

(C) demonstrates, to the satisfaction of the school district and the University Interscholastic League, that the student has been rehabilitated and is unlikely to again engage in the conduct described by Subsection (e-1); and

(3) a previous request submitted by the student under this section has not been denied during the school year in which the request is submitted.

(e-3) When determining whether to grant a request under Subsection (e-2), the University Interscholastic League:

(1) shall take into account the severity of the conduct that resulted in the prohibition under Subsection (e-1); and

(2) may set conditions for the student's future participation in extracurricular activities.

(e-4) The University Interscholastic League may prohibit a student from participating in any future extracurricular activity sponsored or sanctioned by the University Interscholastic League if the student violates a condition set by the University Interscholastic League under Subsection (e-3)(2).

(f) Except for a student prohibited from participation under Subsection (e-1), a student suspended under this section may practice or rehearse with other students for an extracurricular activity but may not participate in a competition or other public performance.

(g) An appeal to the commissioner is not a contested case under Chapter 2001, Government Code, if the issues presented relate to a student's eligibility to participate in extracurricular activities, including issues related to the student's grades, the school district's grading policy as applied to the student's eligibility, or the student's eligibility based on conduct described by Subsection (e-1). The commissioner may delegate the matter for decision to a person the commissioner designates. The decision of the commissioner or the commissioner's designee in a matter governed by this subsection may not be appealed except on the grounds that the decision is arbitrary or capricious. Evidence may not be introduced on appeal other than the record of the evidence before the commissioner.

(h) A request made under Subsection (e-2) is not a contested case subject to Chapter 2001, Government Code.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1482, Sec. 2, eff. June 19, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1327 (S.B. 1517), Sec. 1, eff. June 15, 2007.

Acts 2021, 87th Leg., R.S., Ch. 824 (H.B. 2721), Sec. 1, eff. June 16, 2021.

Sec. 33.0811. SCHOOL DISTRICT POLICY ON ABSENCES TO PARTICIPATE IN EXTRACURRICULAR ACTIVITIES. (a) Notwithstanding Section 33.081(a), the board of trustees of a school district may adopt a policy establishing the number of times a student who is otherwise eligible to participate in an extracurricular activity under Section 33.081 may be absent from class to participate in an extracurricular activity sponsored or sanctioned by the district or the University Interscholastic League or by an organization sanctioned by resolution of the board of trustees of the district.

(b) A policy adopted by the board of trustees of a district under this section:

(1) prevails over a conflicting policy adopted under Section 33.081(a); and

(2) must permit a student to be absent from class at least 10 times during the school year.

Added by Acts 1999, 76th Leg., ch. 1482, Sec. 3, eff. June 19, 1999.

Sec. 33.0812. SCHEDULING EXTRACURRICULAR ACTIVITIES PROHIBITED IN CERTAIN CIRCUMSTANCES. (a) The State Board of Education by rule shall prohibit participation in a University Interscholastic League area, regional, or state competition:

(1) on Monday through Thursday of the school week in which the primary administration of assessment instruments under Section 39.023(a), (c), or (l) occurs; or

(2) if the primary administration of the assessment instruments is completed before Thursday of the school week, beginning on Monday and ending on the last school day on which the assessment instruments are administered.

(b) The commissioner shall determine the school week during the school year in which the primary administration of assessment instruments occurs for purposes of Subsection (a).

(c) The commissioner shall adopt rules to provide the University Interscholastic League with a periodic calendar of dates reserved for testing for planning purposes under this section. The periodic calendar must be provided at least every three years on or before May 1 of the year preceding the three-year cycle of reserved testing dates.

(d) In adopting rules under this section, the commissioner shall:

(1) include a procedure for changing, in exceptional circumstances, testing dates reserved under the periodic calendar;

(2) define circumstances that constitute exceptional circumstances under Subdivision (1) as unforeseen events, including a natural disaster, severe weather, fire, explosion, or similar circumstances beyond the control of school districts or the agency; and

(3) establish criteria for determining whether a University Interscholastic League area, regional, or state competition must be canceled if that event conflicts with a changed testing date.

(e) This section does not apply to testing dates on which assessment instruments are administered only to students retaking assessment instruments.

Added by Acts 2005, 79th Leg., Ch. 812 (S.B. 658), Sec. 1, eff. June 17, 2005.

Sec. 33.082. EXTRACURRICULAR ACTIVITIES; USE OF DISCRIMINATORY ATHLETIC CLUB. (a) An extracurricular activity sponsored or sanctioned by a school district, including an athletic event or an athletic team practice, may not take place at an athletic club located in the United States that denies any person full and equal enjoyment of equipment or facilities provided by the athletic club because of the race, color, religion, creed, national origin, or sex of the person.

(b) In this section, "athletic club" means an entity that provides sports or exercise equipment or facilities to its customers or members or to the guests of its customers or members.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 33.083. INTERSCHOLASTIC LEAGUES. (a) The rules and procedures of an organization sanctioning or conducting interscholastic competition, including rules providing penalties for rules violations by school district personnel, must be consistent with State Board of Education rules.

(b) The University Interscholastic League is a part of The University of Texas at Austin and must submit its rules and procedures to the commissioner for approval or disapproval. The funds belonging to the University Interscholastic League shall be deposited with The University of Texas at Austin for the benefit of the league and shall be subject to audits by The University of Texas at Austin, The University of Texas System, and the state auditor. Copies of annual audits shall be furnished, on request, to members of the legislature.

(c) The State Board of Education may seek an injunction to enforce this section.

(d) The University Interscholastic League shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting for all funds received and disbursed by the University Interscholastic League during the preceding fiscal year. The form of the annual report and the reporting time are as provided by the General Appropriations Act.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1482, Sec. 4, eff. June 19, 1999.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1279 (H.B. 1675), Sec. 1.04, eff. June 14, 2013.

Sec. 33.0831. UNIVERSITY INTERSCHOLASTIC LEAGUE RULES: FISCAL IMPACT STATEMENT. (a) The legislative council of the University Interscholastic League may not take final action on a new or amended rule that would result in additional costs for a member school unless a fiscal impact statement regarding the rule has been completed in accordance with this section.

(b) For purposes of Subsection (a), final action by the legislative council means:

(1) submitting a rule to school superintendents, if the submission is required under the legislative council's procedures; or

(2) submitting a rule approved by the council to the commissioner for the commissioner's approval under Section 33.083(b), if the rule does not require submission to school superintendents under the legislative council's procedures.

(c) A fiscal impact statement regarding a rule must include:

(1) a projection of the costs to member schools of complying with the rule during the five-year period following the effective date of the rule; and

(2) an explanation of the methodology used to analyze the fiscal impact of the rule and determine the costs projection required by Subdivision (1).

(d) If a fiscal impact statement is prepared for a rule, a copy of the statement must be attached to the rule when it is submitted for approval to school superintendents, if applicable, and when it is submitted to the commissioner for approval.

Added by Acts 2011, 82nd Leg., R.S., Ch. 966 (H.B. 1286), Sec. 1, eff. September 1, 2011.

Text of section as added by Acts 2021, 87th Leg., R.S., Ch. 235 (H.B. 1080), Sec. 1

For text of section as added by Acts 2021, 87th Leg., R.S., Ch. 996 (H.B. 547), Sec. 1, see other Sec. 33.0832.

Sec. 33.0832. PARTICIPATION IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES BY STUDENTS RECEIVING OUTPATIENT MENTAL HEALTH SERVICES. (a) This section applies to a student who:

(1) receives outpatient mental health services from a mental health facility, as defined by Section 571.003, Health and Safety Code; and

(2) is enrolled in a school district or open-enrollment charter school or otherwise receives public education services from a district or school.

(b) The University Interscholastic League shall ensure that league rules do not exclude from eligibility for participation in a league activity a student to whom this section applies based solely on the criteria described in Subsection (a)(1).

(c) A school district or open-enrollment charter school may not adopt or enforce policies that restrict participation in University Interscholastic League activities by a student to whom this section applies based solely on:

(1) the criteria described in Subsection (a)(1); or

(2) the student's absence during instructional time while receiving outpatient mental health services as described by Subsection (a)(1).

(d) This section does not exempt a student to whom this section applies from any eligibility requirement for participation in University Interscholastic League activities other than an eligibility requirement based solely on the criteria described in Subsection (a)(1).

Added by Acts 2021, 87th Leg., R.S., Ch. 235 (H.B. 1080), Sec. 1, eff. June 4, 2021.

Text of section as added by Acts 2021, 87th Leg., R.S., Ch. 996 (H.B. 547), Sec. 1

For text of section as added by Acts 2021, 87th Leg., R.S., Ch. 235 (H.B. 1080), Sec. 1, see other Sec. 33.0832.

Sec. 33.0832. EQUAL OPPORTUNITY FOR CERTAIN STUDENTS TO PARTICIPATE IN UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES. (a) In this section:

(1) "League" means the University Interscholastic League.

(2) "Non-enrolled student" means a student who receives instruction as described by Section 29.916(a)(1) from a nonpublic school.

(b) Nothing in this section may be construed to affect the holding in Texas Educ. Agency v. Leeper, 893 S.W.2d 432 (Tex. 1994), classifying home schools as private schools. The legislature finds that a home school is a private school for purposes of this section.

(c) Except as provided by Subsection (i), a public school that participates in an activity sponsored by the league may provide a non-enrolled student, who otherwise meets league eligibility standards to represent that school in a league activity, with the opportunity to participate in the activity on behalf of the school in the same manner that the school provides the opportunity to participate to students enrolled in the school.

(d) A non-enrolled student who seeks to participate or participates in a league activity on behalf of a school is subject to the following relevant policies that apply to students enrolled in the school:

(1) registration for league activities;

(2) age eligibility;

(3) fees;

(4) insurance;

(5) transportation;

(6) physical condition;

(7) qualifications;

(8) responsibilities;

(9) event schedules;

(10) standards of behavior; and

(11) performance.

(e) A non-enrolled student may only participate in a league activity for the school in the school district that the student would be eligible to attend based on the student's residential address. A non-enrolled student who seeks to participate in a league activity on behalf of a school shall be required to establish minimum proof of residency acceptable to the district in the same manner as an applicant to attend a school in the district under Section 25.001.

(f) The parent or person standing in parental relation to a non-enrolled student is responsible for oversight of academic standards relating to the student's participation in a league activity. As a condition of eligibility to participate in a league activity during the first six weeks of a school year, a non-enrolled student must demonstrate grade-level academic proficiency on any nationally recognized, norm-referenced assessment instrument, such as the Iowa Test of Basic Skills, Stanford Achievement Test, California Achievement Test, or Comprehensive Test of Basic Skills. A non-enrolled student demonstrates the required academic proficiency by achieving a composite, core, or survey score that is within the average or higher than average range of scores, as established by the applicable testing service. For purposes of this subsection, a school district shall accept assessment results administered or reported by a third party.

(g) A non-enrolled student's demonstration of academic proficiency under Subsection (f) is sufficient for purposes of that subsection for the school year in which the student achieves the required score and the subsequent school year.

(h) After the first six weeks of a school year, the parent or person standing in parental relation to a non-enrolled student participating in a league activity on behalf of a public school must periodically, in accordance with the school's grading calendar, provide written verification to the school indicating that the student is receiving a passing grade in each course or subject being taught.

(i) A non-enrolled student is not authorized by this section to participate in a league activity during the remainder of any school year during which the student was previously enrolled in a public school.

(j) The league may not prohibit a non-enrolled student from participating in league activities in the manner authorized by this section.

(k) With respect to a non-enrolled student's education program, nothing in this section shall be construed to permit an agency of this state, a public school district, or any other governmental body to exercise control, regulatory authority, or supervision over a non-enrolled student or a parent or person standing in parental relation to a non-enrolled student beyond the control, regulatory authority, or supervision required to participate in a league activity.

(l) Subject only to eligibility requirements under this section for a non-enrolled student to participate in a league activity:

(1) the curriculum or assessment requirements, performance standards, practices, or creed of the education program provided to a non-enrolled student may not be required to be changed in order for the non-enrolled student to participate in a league activity; and

(2) for a non-enrolled student participating in an education program on January 1, 2021, the education program provided to that student may not be required to comply with any state law or agency rule relating to that education program unless the law or rule was in effect on January 1, 2021.

(m) Notwithstanding any other law, a non-enrolled student who participates in a league activity under this section is subject to the immunization requirements and exceptions of Section 38.001 in the same manner as a public school student.

Added by Acts 2021, 87th Leg., R.S., Ch. 996 (H.B. 547), Sec. 1, eff. September 1, 2021.

Sec. 33.0834. INTERSCHOLASTIC ATHLETIC COMPETITION BASED ON BIOLOGICAL SEX. (a) Except as provided by Subsection (b), an interscholastic athletic team sponsored or authorized by a school district or open-enrollment charter school may not allow a student to compete in an interscholastic athletic competition sponsored or authorized by the district or school that is designated for the biological sex opposite to the student's biological sex as correctly stated on:

(1) the student's official birth certificate, as described by Subsection (c); or

(2) if the student's official birth certificate described by Subdivision (1) is unobtainable, another government record.

(b) An interscholastic athletic team described by Subsection (a) may allow a female student to compete in an interscholastic athletic competition that is designated for male students if a corresponding interscholastic athletic competition designated for female students is not offered or available.

(c) For purposes of this section, a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex only if the statement was:

(1) entered at or near the time of the student's birth; or

(2) modified to correct any type of scrivener or clerical error in the student's biological sex.

(d) The University Interscholastic League shall adopt rules to implement this section, provided that the rules must be approved by the commissioner in accordance with Section 33.083(b). The rules must ensure compliance with state and federal law regarding the confidentiality of student medical information, including Chapter 181, Health and Safety Code, and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.).

Added by Acts 2021, 87th Leg., 3rd C.S., Ch. 2 (H.B. 25), Sec. 3, eff. January 18, 2022.

Sec. 33.084. INTERSCHOLASTIC LEAGUE ADVISORY COUNCIL. (a) The interscholastic league advisory council is composed of:

(1) two members of the State Board of Education appointed by the chair of the board;

(2) a member of the house of representatives appointed by the speaker of the house;

(3) a member of the senate appointed by the lieutenant governor;

(4) two members of the legislative council of the University Interscholastic League appointed by the chairman of the council;

(5) two public school board members appointed by the commissioner; and

(6) three members of the public appointed by the commissioner.

(b) A member of the advisory council serves at the will of the member's appointing authority.

(c) In appointing public members to the advisory council, the commissioner shall give special consideration to students, parents of students, and teachers.

(d) The advisory council shall select a chair from among its members and shall meet at the call of the chair.

(e) The advisory council shall review the rules of the University Interscholastic League and shall make recommendations relating to the rules to the governor, the legislature, the legislative council of the University Interscholastic League, and the State Board of Education.

(f) A member of the advisory council may not receive compensation but is entitled to reimbursement from the University Interscholastic League for transportation expenses and the per diem allowance for state employees in accordance with the General Appropriations Act.

(g) The advisory council shall study:

(1) University Interscholastic League policy with respect to the eligibility of students to participate in programs;

(2) geographic distribution of University Interscholastic League resources and programs; and

(3) gender equity.

(h) An action of the University Interscholastic League relating to the provision of additional programs of school districts may not be taken pending submission of a final report by the advisory council.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 33.085. AUTHORITY OF UNIVERSITY INTERSCHOLASTIC LEAGUE REGARDING ACTIVITIES INVOLVING SPORTS OFFICIALS. (a) In this section:

(1) "League" means the University Interscholastic League.

(2) "Sports official" means a person who officiates, judges, or in any manner enforces contest rules in any official capacity with respect to and during the course of an interscholastic athletic team competition and who is a member of a league-recognized local chapter or association of sports officials. The term includes a referee, umpire, linesman, judge, or any other person similarly involved in supervising competitive play. The term does not include a league board member or a league official who is acting in an official capacity to supervise, administer, or enforce the league constitution or league contest rules.

(b) The league may require a sports official, as a condition of eligibility to officiate a contest sponsored by the league, to:

(1) be registered with the league and comply with the registration requirements of Subsections (c) and (c-1);

(2) have completed initial and continuing education programs regarding league rules;

(3) be a member in good standing of a local chapter or association of sports officials recognized by the league for that purpose; and

(4) agree to abide by league rules, including fee schedules and travel reimbursement guidelines for payment by school districts or open-enrollment charter schools to a sports official.

(c) In registering with the league, a sports official must be required to provide directory information required by the league and undergo an initial criminal background check.

(c-1) To maintain registration with the league, a sports official must:

(1) maintain compliance with conditions of eligibility required by the league under Subsection (b); and

(2) undergo a subsequent criminal background check once every three years following the date of the initial criminal background check under Subsection (c).

(d) The league may not charge a sports official who completes a program under Subsection (b)(2) a fee for more than one program described by Subsection (b)(2).

(e) The league may charge and collect a registration fee only to defray the cost of registering sports officials and shall post the amount of the fee on the league's Internet website and make the information available at other places the league determines appropriate. The amount of the fee may not exceed the amount reasonably determined by the league to be necessary to cover the cost of administering registration.

(f) The league may revoke or suspend the league registration of a sports official determined by the league to have violated the provisions of the league constitution or contest rules governing sports officials or other league policy applicable to sports officials. Before the league may take action to revoke or suspend a sports official's registration, the league shall notify and consult with the local chapter or association of sports officials of which the sports official is a member. The local chapter or association may, on or before the 15th day after the date notice is received from the league, take action to adjudicate the alleged violation. If after the 15th day after the date notice is received from the league the local chapter or association has failed to take action against the sports official or takes action that the league finds to be insufficient, the league may take action against the sports official. The league shall adopt rules to provide a sports official with the opportunity for an appeals process before the league revokes or suspends the sports official's registration. In adopting rules under this subsection, the league shall make a determination of the actions and subsequent sanctions that would be considered sufficient under this subsection.

(g) The league may not sponsor or organize or attempt to sponsor or organize any association of sports officials in which the majority of the membership is composed of sports officials who officiate team sports.

(h) The league may set rates or fee schedules payable by a school district or open-enrollment charter school to a sports official.

(i) Before the league may take any action that amends rules related to the activities of sports officials, other than an action against an individual sports official under Subsection (f), the league must submit the proposed action for public review and comment, including:

(1) notifying registered sports officials of the proposed action by e-mail not later than the 30th day before the date set for action on the proposal; and

(2) posting the proposal on the league's Internet website for at least 30 consecutive days before the date set for action on the proposal.

Added by Acts 2013, 83rd Leg., R.S., Ch. 952 (H.B. 1775), Sec. 1, eff. June 14, 2013.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 335 (H.B. 1075), Sec. 1, eff. September 1, 2017.

Sec. 33.086. CERTIFICATION IN CARDIOPULMONARY RESUSCITATION AND FIRST AID. (a) A school district employee who serves as the head director of a school marching band or as the head coach or chief sponsor for an extracurricular athletic activity, including cheerleading, sponsored or sanctioned by a school district or the University Interscholastic League must maintain and submit to the district proof of current certification in first aid and cardiopulmonary resuscitation issued by the American Red Cross, the American Heart Association, or another organization that provides equivalent training and certification.

(b) Each school district shall adopt, in accordance with the policy adopted under Section 21.4515, procedures necessary for administering this section, including procedures for the time and manner in which proof of current certification must be submitted.

Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.14(a), eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 881, Sec. 1, eff. June 20, 2003.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 14, eff. June 18, 2021.

Sec. 33.087. ELIGIBILITY OF STUDENTS PARTICIPATING IN JOINT CREDIT OR CONCURRENT ENROLLMENT PROGRAMS. A student otherwise eligible to participate in an extracurricular activity or a University Interscholastic League competition is not ineligible because the student is enrolled in a course offered for joint high school and college credit, or in a course offered under a concurrent enrollment program, regardless of the location at which the course is provided.

Added by Acts 2007, 80th Leg., R.S., Ch. 199 (H.B. 208), Sec. 1, eff. May 24, 2007.

Sec. 33.091. PREVENTION OF ILLEGAL STEROID USE; RANDOM TESTING. (a) In this section:

(1) "League" means the University Interscholastic League.

(2) "Parent" includes a guardian or other person standing in parental relation.

(3) "Steroid" means an anabolic steroid as described by Section 481.104, Health and Safety Code.

(b) The league shall adopt rules prohibiting a student from participating in an athletic competition sponsored or sanctioned by the league unless:

(1) the student agrees not to use steroids and, if the student is enrolled in high school, the student submits to random testing for the presence of illegal steroids in the student's body, in accordance with the program established under Subsection (d); and

(2) the league obtains from the student's parent a statement signed by the parent and acknowledging that:

(A) the parent's child, if enrolled in high school, may be subject to random steroid testing;

(B) state law prohibits possessing, dispensing, delivering, or administering a steroid in a manner not allowed by state law;

(C) state law provides that bodybuilding, muscle enhancement, or the increase of muscle bulk or strength through the use of a steroid by a person who is in good health is not a valid medical purpose;

(D) only a licensed practitioner with prescriptive authority may prescribe a steroid for a person; and

(E) a violation of state law concerning steroids is a criminal offense punishable by confinement in jail or imprisonment in the Texas Department of Criminal Justice.

(c) The league shall:

(1) develop an educational program for students engaged in extracurricular athletic activities sponsored or sanctioned by the league, parents of those students, and coaches of those activities regarding the health effects of steroid use; and

(2) make the program available to school districts.

(c-1) A school district shall require that each district employee who serves as an athletic coach at or above the seventh grade level for an extracurricular athletic activity sponsored or sanctioned by the league complete:

(1) the educational program developed by the league under Subsection (c); or

(2) a comparable program developed by the district or a private entity with relevant expertise.

(d) The league shall adopt rules for the annual administration of a steroid testing program under which high school students participating in an athletic competition sponsored or sanctioned by the league are tested at multiple times throughout the year for the presence of steroids in the students' bodies. The testing program must:

(1) require the random testing of a statistically significant number of high school students in this state who participate in athletic competitions sponsored or sanctioned by the league;

(2) provide for the selection of specific students described by Subdivision (1) for testing through a process that randomly selects students from a single pool consisting of all students who participate in any activity for which the league sponsors or sanctions athletic competitions;

(3) be administered at approximately 30 percent of the high schools in this state that participate in athletic competitions sponsored or sanctioned by the league;

(4) provide for a process for confirming any initial positive test result through a subsequent test conducted as soon as practicable after the initial test, using a sample that was obtained at the same time as the sample used for the initial test;

(5) require the testing to be performed only by an anabolic steroid testing laboratory with a current certification from the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services, the World Anti-Doping Agency, or another appropriate national or international certifying organization; and

(6) provide for a period of ineligibility from participation in an athletic competition sponsored or sanctioned by the league for any student with a confirmed positive test result or any student who refuses to submit to random testing.

(e) Results of a steroid test conducted under Subsection (d) are confidential and, unless required by court order, may be disclosed only to the student and the student's parent and the activity directors, principal, and assistant principals of the school attended by the student.

(f) From funds already appropriated, the agency shall pay the costs of the steroid testing program established under Subsection (d).

(g) The league may increase the membership fees required of school districts that participate in athletic competitions sponsored or sanctioned by the league in an amount necessary to offset the cost of league activities under this section.

(h) Subsection (b)(1) does not apply to the use by a student of a steroid that is dispensed, prescribed, delivered, and administered by a medical practitioner for a valid medical purpose and in the course of professional practice, and a student is not subject to a period of ineligibility under Subsection (d)(6) on the basis of that steroid use.

Added by Acts 2005, 79th Leg., Ch. 1177 (H.B. 3563), Sec. 1, eff. June 18, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1292 (S.B. 8), Sec. 1, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1292 (S.B. 8), Sec. 2, eff. June 15, 2007.

Sec. 33.092. STUDENT ELECTION CLERKS AND EARLY VOTING CLERKS. A student who is appointed as a student election clerk under Section 32.0511, Election Code, or as a student early voting clerk under Section 83.012, Election Code, may apply the time served as a student election clerk or student early voting clerk toward:

(1) a requirement for a school project at the discretion of the teacher who assigned the project; or

(2) a service requirement for participation in an advanced academic course program at the discretion of the program sponsor or a school-sponsored extracurricular activity at the discretion of the school sponsor.

Added by Acts 2009, 81st Leg., R.S., Ch. 517 (S.B. 1134), Sec. 4, eff. September 1, 2009.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 542 (S.B. 553), Sec. 2, eff. June 14, 2013.

Sec. 33.093. RECOGNITION OF PARTICIPATION IN SPECIAL OLYMPICS. If a school district allows high school students to earn a letter for academic, athletic, or extracurricular achievements, the district must allow high school students in the district to earn a letter on the basis of a student's participation in a Special Olympics event.

Added by Acts 2017, 85th Leg., R.S., Ch. 261 (H.B. 1645), Sec. 1, eff. May 29, 2017.

Sec. 33.094. FOOTBALL HELMET SAFETY REQUIREMENTS. (a) A school district may not use a football helmet that is 16 years old or older in the district's football program.

(b) A school district shall ensure that each football helmet used in the district's football program that is 10 years old or older is reconditioned at least once every two years.

(c) A school district shall maintain and make available to parents of students enrolled in the district documentation indicating the age of each football helmet used in the district's football program and the dates on which each helmet is reconditioned.

(d) The University Interscholastic League may adopt rules necessary to implement this section, provided that the rules must be approved by the commissioner in accordance with Section 33.083(b).

Added by Acts 2011, 82nd Leg., R.S., Ch. 239 (H.B. 675), Sec. 1, eff. September 1, 2011.

Sec. 33.096. CARDIAC ASSESSMENTS OF HIGH SCHOOL PARTICIPANTS IN EXTRACURRICULAR ATHLETIC ACTIVITIES. (a) A school district must provide a district student, who is required under University Interscholastic League rule or policy to receive a physical examination before being allowed to participate in an athletic activity sponsored or sanctioned by the University Interscholastic League, the following:

(1) information about sudden cardiac arrest and electrocardiogram testing; and

(2) notification of the option of the student to request the administration of an electrocardiogram, in addition to the physical examination.

(b) A student may request an electrocardiogram from any health care professional, including a health care professional provided through the student's patient-centered medical home, as defined by Section 533.0029, Government Code, a health care professional provided through a school district program, or another health care professional chosen by the parent or person standing in parental relation to the student, provided that the health care professional is:

(1) appropriately licensed in this state; and

(2) authorized to administer and interpret electrocardiograms under the health care professional's scope of practice, as established by the health care professional's Texas licensing act.

(c) The University Interscholastic League shall adopt rules as necessary to administer this section.

(d) The rules adopted under Subsection (c) must include:

(1) criteria under which a school district may request an exemption from the requirements of Subsection (a);

(2) variances that allow for a delay of the implementation of the requirement to notify students of the option to request an electrocardiogram under this section;

(3) procedures to ensure students receiving the required annual physical examination are notified of the option to request an electrocardiogram; and

(4) provisions to ensure that the requirements under this section are minimum standards that provide a school district with the option to implement a program that exceeds the standards required by this section.

(e) This section does not create a cause of action or liability or a standard of care, obligation, or duty that provides a basis for a cause of action or liability against a health care professional described by Subsection (b), the University Interscholastic League, a school district, or a district officer or employee for:

(1) the injury or death of a student participating in or practicing for an athletic activity sponsored or sanctioned by the University Interscholastic League based on or in connection with the administration or interpretation of or reliance on an electrocardiogram; or

(2) the content or distribution of the information required under Subsection (a) or the failure to distribute the required information under this section.

Added by Acts 2019, 86th Leg., R.S., Ch. 1023 (H.B. 76), Sec. 1, eff. September 1, 2019.

Sec. 33.097. INCLUSIVE SPORTS PROGRAM FOR STUDENTS WITH INTELLECTUAL DISABILITIES. (a) The University Interscholastic League shall ensure students with intellectual disabilities have an opportunity to participate in team athletic activities by establishing and maintaining an inclusive sports program.

(b) The University Interscholastic League shall adopt rules as necessary to establish, maintain, and expand the inclusive sports program. The rules must:

(1) accommodate inclusive team sports offered through the program at participating public middle schools, junior high schools, and high schools in the state;

(2) establish eligibility requirements for participation in each inclusive team sport offered through the program;

(3) identify best practices for school districts to incorporate inclusive sports; and

(4) require the program to incorporate activities that promote:

(A) bullying prevention;

(B) moral intelligence;

(C) character development;

(D) leadership development;

(E) physical fitness; and

(F) positive school culture.

(c) In adopting the rules under Subsection (b), the University Interscholastic League shall consider and incorporate as appropriate:

(1) federal guidance regarding providing access to extracurricular athletics for students with intellectual disabilities;

(2) guidance available from nationally recognized organizations that promote inclusion and acceptance among students with and without intellectual disabilities;

(3) information regarding inclusive sports programs that have been successfully implemented in this state, in other states, and by nonprofit organizations;

(4) input from school districts and the agency; and

(5) guidance provided by impacted stakeholders, including by parents of or persons standing in parental relation to students with intellectual disabilities.

(d) The University Interscholastic League may appoint a person to provide guidance on behalf of impacted stakeholders for purposes of Subsection (c)(5).

(e) In maintaining the inclusive sports program, the University Interscholastic League shall, to the greatest extent possible, require:

(1) students who participate in the inclusive sports program to be subject to the same rules and requirements as students who participate in other athletic programs offered by the league, including:

(A) grade and disciplinary requirements under Section 33.081(c); and

(B) requirements related to student safety in athletic activities under this chapter and Chapter 38; and

(2) team sports provided through the inclusive sports program to be organized similarly to other athletic programs offered by the league, including with respect to team practices, seasonal play, and local and statewide competitions.

(f) In addition to using funds available or appropriated for the purpose, the University Interscholastic League or a partner affiliated with the league may seek and accept gifts, grants, or donations of money from public and private sources for the purpose of establishing or expanding the inclusive sports program.

Added by Acts 2021, 87th Leg., R.S., Ch. 522 (S.B. 776), Sec. 2, eff. September 1, 2021.

SUBCHAPTER E. COMMUNITIES IN SCHOOLS PROGRAM

Sec. 33.151. DEFINITIONS. In this subchapter:

(1) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1204, Sec. 4, eff. September 1, 2007.

(2) "Communities In Schools program" means an exemplary youth dropout prevention program.

(3) "Delinquent conduct" has the meaning assigned by Section 51.03, Family Code.

(4) "Student at risk of dropping out of school" means:

(A) a student at risk of dropping out of school as defined by Section 29.081;

(B) a student who is eligible for a free or reduced lunch; or

(C) a student who is in family conflict or crisis.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Renumbered from Labor Code Sec. 216.001 by Acts 1995, 74th Leg., ch. 655, Sec. 11.05, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.69, eff. Sept. 1, 1997. Redesignated from Labor Code, Sec. 305.001 and amended by Acts 1999, 76th Leg., ch. 489, Sec. 3, eff. Sept. 1, 1999. Redesignated from Family Code, Sec. 264.751 and amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.118(a), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1205, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1204 (H.B. 1609), Sec. 4, eff. September 1, 2007.

Sec. 33.152. STATEWIDE OPERATION OF PROGRAM. It is the intent of the legislature that the Communities In Schools program operate throughout this state. It is also the intent of the legislature that programs established under Chapter 305, Labor Code, as that chapter existed on August 31, 1999, and its predecessor statute, the Texas Unemployment Compensation Act (Article 5221b-9d, Vernon's Texas Civil Statutes), and programs established under this subchapter shall remain eligible to participate in the Communities In Schools program if funds are available and if their performance meets the criteria established by the agency for renewal of their contracts.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Renumbered from Labor Code Sec. 216.002 by Acts 1995, 74th Leg., ch. 655, Sec. 11.05, eff. Sept. 1, 1995. Redesignated from Labor Code Sec. 305.002 and amended by Acts 1999, 76th Leg., ch. 489, Sec. 3, eff. Sept. 1, 1999. Redesignated from Family Code Sec. 264.752 and amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.118(a), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1205, Sec. 1, eff. Sept. 1, 2003.

Sec. 33.154. DUTIES OF COMMISSIONER. (a) The commissioner shall:

(1) coordinate the efforts of the Communities In Schools program with other social service organizations and agencies and with public school personnel to provide services to students who are at risk of dropping out of school or engaging in delinquent conduct, including students who are in family conflict or emotional crisis;

(2) set standards for the Communities In Schools program and establish state performance goals, objectives, and measures for the program, including performance goals, objectives, and measures that consider improvement in student:

(A) behavior;

(B) academic achievement; and

(C) promotion, graduation, retention, and dropout rates;

(3) obtain information to determine accomplishment of state performance goals, objectives, and measures;

(4) promote and market the program in communities in which the program is not established;

(5) help communities that want to participate in the program establish a local funding base;

(6) provide training and technical assistance for participating communities and programs; and

(7) adopt policies concerning:

(A) the responsibility of the agency in encouraging local businesses to participate in local Communities In Schools programs;

(B) the responsibility of the agency in obtaining information from participating school districts;

(C) the use of federal or state funds available to the agency for programs of this nature; and

(D) any other areas concerning the program identified by the commissioner.

(b) The commissioner shall adopt rules to implement the policies described by Subsection (a)(7) and shall annually update the rules.

(c) Notwithstanding any provision of this subchapter, if the commissioner determines that a program consistently fails to achieve the performance goals, objectives, and measures established by the commissioner under Subsection (a)(2), the commissioner may withhold funding from that program and require the program to compete through a competitive bidding process to receive funding to participate in the program.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Renumbered from Labor Code Sec. 216.012 by Acts 1995, 74th Leg., ch. 655, Sec. 11.05, eff. Sept. 1, 1995. Redesignated from Labor Code Sec. 305.012 and amended by Acts 1999, 76th Leg., ch. 489, Sec. 3, eff. Sept. 1, 1999. Redesignated from Family Code Sec. 264.754 by Acts 2003, 78th Leg., ch. 198, Sec. 2.118(a), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1205, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1204 (H.B. 1609), Sec. 1, eff. September 1, 2007.

Sec. 33.155. COOPERATION WITH COMMUNITIES IN SCHOOLS, INC. The agency and Communities In Schools, Inc. shall work together to maximize the effectiveness of the Communities In Schools program.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Renumbered from Labor Code Sec. 216.013 by Acts 1995, 74th Leg., ch. 655, Sec. 11.05, eff. Sept. 1, 1995. Redesignated from Labor Code Sec. 305.013 and amended by Acts 1999, 76th Leg., ch. 489, Sec. 3, eff. Sept. 1, 1999. Redesignated from Family Code Sec. 264.755 and amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.118(a), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1205, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1204 (H.B. 1609), Sec. 1, eff. September 1, 2007.

Sec. 33.156. FUNDING; EXPANSION OF PARTICIPATION. (a) The agency shall develop and implement an equitable formula for the funding of local Communities In Schools programs. The formula may provide for the reduction of funds annually contributed by the state to a local program by an amount not more than 50 percent of the amount contributed by the state for the first year of the program. The formula must consider the financial resources of individual communities and school districts. Savings accomplished through the implementation of the formula may be used to extend services to counties and municipalities currently not served by a local program or to extend services to counties and municipalities currently served by an existing local program.

(b) Each local Communities In Schools program shall develop a funding plan which ensures that the level of services is maintained if state funding is reduced.

(c) A local Communities In Schools program may accept federal funds, state funds, private contributions, grants, and public and school district funds to support a campus participating in the program.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.40(a), eff. Sept. 1, 1995. Renumbered from Labor Code Sec. 216.021 and amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.05, eff. Sept. 1, 1995. Redesignated from Labor Code Sec. 305.021 and amended by Acts 1999, 76th Leg., ch. 489, Sec. 3, eff. Sept. 1, 1999. Redesignated from Family Code Sec. 264.756 and amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.118(a), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1205, Sec. 1, eff. Sept. 1, 2003.

Sec. 33.157. PARTICIPATION IN PROGRAM. An elementary or secondary school receiving funding under Section 33.156 shall participate in a local Communities In Schools program if the number of students enrolled in the school who are at risk of dropping out of school is equal to at least 10 percent of the number of students in average daily attendance at the school, as determined by the agency.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Renumbered from Labor Code Sec. 216.022 and amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.05, eff. Sept. 1, 1995. Redesignated from Labor Code Sec. 305.022 and amended Acts 1999, 76th Leg., ch. 489, Sec. 3, eff. Sept. 1, 1999. Redesignated from Family Code Sec. 264.757 and amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.118(a), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1205, Sec. 1, eff. Sept. 1, 2003.

Sec. 33.158. DONATIONS TO PROGRAM. (a) The agency may accept a donation of services or money or other property that the agency determines furthers the lawful objectives of the agency in connection with the Communities In Schools program.

(b) Each donation, with the name of the donor and the purpose of the donation, must be reported in the public records of the agency.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Renumbered from Labor Code Sec. 216.031 by Acts 1995, 74th Leg., ch. 655, Sec. 11.05, eff. Sept. 1, 1995. Redesignated from Labor Code Sec. 305.031 and amended by Acts 1999, 76th Leg., ch. 489, Sec. 3, eff. Sept. 1, 1999. Redesignated from Family Code Sec. 264.758 and amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.118(a), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1205, Sec. 1, eff. Sept. 1, 2003.

Sec. 33.159. AGENCY PERFORMANCE OF COMMUNITIES IN SCHOOLS FUNCTIONS REQUIRED. The agency, through the Communities In Schools State Office:

(1) must perform each function concerning the Communities In Schools program for which the agency is responsible; and

(2) may not contract with a private entity to perform a function described by Subdivision (1).

Added by Acts 2007, 80th Leg., R.S., Ch. 1204 (H.B. 1609), Sec. 2, eff. September 1, 2007.

SUBCHAPTER F. SAFETY REGULATIONS FOR CERTAIN

EXTRACURRICULAR ACTIVITIES

Sec. 33.201. APPLICABILITY. This subchapter applies to each public school in this state and to any other school in this state subject to University Interscholastic League rules.

Added by Acts 2007, 80th Leg., R.S., Ch. 1296 (S.B. 82), Sec. 1, eff. June 15, 2007.

Sec. 33.202. SAFETY TRAINING REQUIRED. (a) The University Interscholastic League shall develop and adopt an extracurricular activity safety training program as provided by this section. In developing the program, the league may use materials available from the American Red Cross, Emergency Medical Systems (EMS), or another appropriate entity.

(b) The following persons must satisfactorily complete the safety training program in accordance with the policy adopted under Section 21.4515:

(1) a coach, trainer, or sponsor for an extracurricular athletic activity; and

(2) a director responsible for a school marching band.

(c) The safety training program must include:

(1) certification of participants by the American Red Cross, the American Heart Association, or a similar organization or by the University Interscholastic League;

(2) current training in:

(A) emergency action planning;

(B) communicating effectively with 9-1-1 emergency service operators and other emergency personnel; and

(C) recognizing symptoms of potentially catastrophic injuries, including head and neck injuries, concussions, injuries related to second impact syndrome, asthma attacks, heatstroke, cardiac arrest, and injuries requiring use of a defibrillator; and

(3) a safety drill that incorporates the training described by Subdivision (2) and simulates various injuries described by Subdivision (2)(C).

Added by Acts 2007, 80th Leg., R.S., Ch. 1296 (S.B. 82), Sec. 1, eff. June 15, 2007.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 2.01, eff. June 4, 2019.

Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 15, eff. June 18, 2021.

Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 24(9), eff. June 18, 2021.

Sec. 33.203. COMPLETION OF UNIVERSITY INTERSCHOLASTIC LEAGUE FORMS. (a) Each student participating in an extracurricular athletic activity must complete the University Interscholastic League forms entitled "Preparticipation Physical Evaluation--Medical History" and "Acknowledgment of Rules." Each form must be signed by both the student and the student's parent or guardian.

(b) Each form specified by Subsection (a) must clearly state that failure to accurately and truthfully answer all questions on a form required by statute or by the University Interscholastic League as a condition for participation in an extracurricular athletic activity subjects a signer of the form to penalties determined by the University Interscholastic League.

Added by Acts 2007, 80th Leg., R.S., Ch. 1296 (S.B. 82), Sec. 1, eff. June 15, 2007.

Sec. 33.204. CERTAIN UNSAFE ATHLETIC ACTIVITIES PROHIBITED. A coach, trainer, or sponsor for an extracurricular athletic activity may not encourage or permit a student participating in the activity to engage in any unreasonably dangerous athletic technique that unnecessarily endangers the health of a student, including using a helmet or any other sports equipment as a weapon.

Added by Acts 2007, 80th Leg., R.S., Ch. 1296 (S.B. 82), Sec. 1, eff. June 15, 2007.

Sec. 33.205. CERTAIN SAFETY PRECAUTIONS REQUIRED. (a) A coach, trainer, or sponsor for an extracurricular athletic activity shall at each athletic practice or competition ensure that:

(1) each student participating in the activity is adequately hydrated;

(2) any prescribed asthma medication for a student participating in the activity is readily available to the student;

(3) emergency lanes providing access to the practice or competition area are open and clear; and

(4) heatstroke prevention materials are readily available.

(b) If a student participating in an extracurricular athletic activity, including a practice or competition, becomes unconscious during the activity, the student may not:

(1) return to the practice or competition during which the student became unconscious; or

(2) participate in any extracurricular athletic activity until the student receives written authorization for such participation from a physician.

Added by Acts 2007, 80th Leg., R.S., Ch. 1296 (S.B. 82), Sec. 1, eff. June 15, 2007.

Sec. 33.206. COMPLIANCE; ENFORCEMENT. (a) In accordance with Chapter 552, Government Code, a school shall make available to the public proof of compliance for each person enrolled in, employed by, or volunteering for the school who is required to receive safety training described by Section 33.202.

(b) The superintendent of a school district or the director of a school subject to this subchapter shall maintain complete and accurate records of the district's or school's compliance with Section 33.202.

(c) A school campus that is determined by the school's superintendent or director to be out of compliance with Section 33.202, 33.204, or 33.205 with regard to University Interscholastic League activities shall be subject to the range of penalties determined by the University Interscholastic League.

Added by Acts 2007, 80th Leg., R.S., Ch. 1296 (S.B. 82), Sec. 1, eff. June 15, 2007.

Sec. 33.207. CONTACT INFORMATION. (a) The commissioner shall maintain an existing telephone number and an electronic mail address to allow a person to report a violation of this subchapter.

(b) Each school that offers an extracurricular athletic activity shall prominently display at the administrative offices of the school the telephone number and electronic mail address maintained under Subsection (a).

Added by Acts 2007, 80th Leg., R.S., Ch. 1296 (S.B. 82), Sec. 1, eff. June 15, 2007.

Sec. 33.208. NOTICE REQUIRED. (a) A school that offers an extracurricular athletic activity shall provide to each student participating in an extracurricular athletic activity and to the student's parent or guardian a copy of the text of Sections 33.201-33.207 and a copy of the University Interscholastic League's parent information manual.

(b) A document required to be provided under this section may be provided in an electronic format unless otherwise requested by a student, parent, or guardian.

Added by Acts 2007, 80th Leg., R.S., Ch. 1296 (S.B. 82), Sec. 1, eff. June 15, 2007.

Sec. 33.209. INCORPORATION OF SAFETY REGULATIONS. The University Interscholastic League shall incorporate the provisions of Sections 33.203-33.207 into the league's constitution and contest rules.

Added by Acts 2007, 80th Leg., R.S., Ch. 1296 (S.B. 82), Sec. 1, eff. June 15, 2007.

Sec. 33.210. IMMUNITY FROM LIABILITY. This subchapter does not waive any liability or immunity of a school district or its officers or employees. This subchapter does not create any liability for or a cause of action against a school district or its officers or employees.

Added by Acts 2007, 80th Leg., R.S., Ch. 1296 (S.B. 82), Sec. 1, eff. June 15, 2007.

Sec. 33.211. LIMITATION ON LIABILITY. A person who volunteers to assist with an extracurricular activity is not liable for civil damages arising out of an act or omission relating to the requirements under Section 33.205 unless the act or omission is willfully or wantonly negligent.

Added by Acts 2007, 80th Leg., R.S., Ch. 1296 (S.B. 82), Sec. 1, eff. June 15, 2007.

SUBCHAPTER G. EXPANDED LEARNING OPPORTUNITIES COUNCIL

Sec. 33.251. DEFINITION. In this chapter, "council" means the Expanded Learning Opportunities Council.

Added by Acts 2013, 83rd Leg., R.S., Ch. 531 (S.B. 503), Sec. 1, eff. June 14, 2013.

Sec. 33.252. EXPANDED LEARNING OPPORTUNITIES. (a) Expanded learning opportunities may be provided during:

(1) an extended school day;

(2) an extended school year; or

(3) structured learning programs outside of the regular school day, including before- and after-school programs and summer programs.

(b) Expanded learning opportunities may be provided by offering:

(1) rigorous coursework;

(2) mentoring;

(3) tutoring;

(4) physical activity;

(5) academic support; or

(6) educational enrichment in one or more subjects, including fine arts, civic engagement, science, technology, engineering, and mathematics.

Added by Acts 2013, 83rd Leg., R.S., Ch. 531 (S.B. 503), Sec. 1, eff. June 14, 2013.

Sec. 33.253. ESTABLISHMENT; PURPOSES. (a) The Expanded Learning Opportunities Council is established to:

(1) study issues concerning expanded learning opportunities for this state's public school students, including:

(A) issues related to creating safe places for children outside of the regular school day, improving the academic success of students who participate in expanded learning opportunities programs, and assisting working families; and

(B) other issues prescribed under Section 33.258; and

(2) make recommendations as provided by Section 33.259 to address issues studied under this subchapter.

(b) In conducting studies under this subchapter, the council shall focus on innovative, hands-on learning approaches that complement rather than replicate the regular school curriculum.

Added by Acts 2013, 83rd Leg., R.S., Ch. 531 (S.B. 503), Sec. 1, eff. June 14, 2013.

Sec. 33.254. SUNSET PROVISION. The council is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the council is abolished and this subchapter expires September 1, 2027.

Added by Acts 2013, 83rd Leg., R.S., Ch. 531 (S.B. 503), Sec. 1, eff. June 14, 2013.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 938 (H.B. 3123), Sec. 2.01, eff. June 18, 2015.

Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 4.02, eff. June 10, 2019.

Sec. 33.255. COMPOSITION. The council is composed of 13 members appointed by the commissioner as follows:

(1) two members of the public, including one representing the business community and one parent of a public school student participating in an expanded learning opportunities program in this state;

(2) two members who are involved in research-based expanded learning opportunities efforts in this state so that at least one is involved in efforts to extend the school day or school year and at least one is involved in efforts to provide out of school time before or after the regular school day or during the period in which school is recessed for the summer;

(3) one member representing law enforcement;

(4) one member representing the agency;

(5) one member who is an educator, other than a superintendent, at the elementary school level;

(6) one member who is an educator, other than a superintendent, at the middle or junior high school level;

(7) one member who is an educator, other than a superintendent, at the high school level;

(8) one member who is a public school superintendent;

(9) one member representing a foundation that invests in expanded learning opportunities;

(10) one member representing a nonprofit organization that provides programs concerning good nutrition and prevention of or intervention to address childhood obesity; and

(11) one member who is a provider representing summer camps.

Added by Acts 2013, 83rd Leg., R.S., Ch. 531 (S.B. 503), Sec. 1, eff. June 14, 2013.

Sec. 33.256. MEETINGS. (a) The council shall meet in person at least three times each year and may hold additional meetings by conference call if necessary.

(b) Section 551.125, Government Code, applies to a meeting held by conference call under this section, except that Section 551.125(b), Government Code, does not apply.

Added by Acts 2013, 83rd Leg., R.S., Ch. 531 (S.B. 503), Sec. 1, eff. June 14, 2013.

Sec. 33.257. COMPENSATION. A member of the council may not receive compensation for service on the council.

Added by Acts 2013, 83rd Leg., R.S., Ch. 531 (S.B. 503), Sec. 1, eff. June 14, 2013.

Sec. 33.258. POWERS AND DUTIES. (a) The council shall:

(1) study issues related to expanded learning opportunities for public school students;

(2) study current research and best practices related to meaningful expanded learning opportunities;

(3) analyze the availability of and unmet needs for state and local programs for expanded learning opportunities for public school students;

(4) analyze opportunities to create incentives for businesses to support expanded learning opportunities programs for public school students;

(5) analyze opportunities to maximize charitable support for public and private partnerships for expanded learning opportunities programs for public school students;

(6) analyze opportunities to promote science, technology, engineering, and mathematics in expanded learning opportunities programs for public school students;

(7) study the future workforce needs of this state's businesses and other employers; and

(8) perform other duties consistent with this subchapter.

(b) In carrying out its powers and duties under this section, the council may request reports and other information relating to expanded learning opportunities and students in expanded learning opportunities programs from the Texas Education Agency and any other state agency.

Added by Acts 2013, 83rd Leg., R.S., Ch. 531 (S.B. 503), Sec. 1, eff. June 14, 2013.

Sec. 33.259. STATEWIDE EXPANDED LEARNING OPPORTUNITIES PLAN; REPORT. (a) The council shall develop a comprehensive statewide action plan for the improvement of expanded learning opportunities for public school students in this state, including a timeline for implementation of the plan.

(b) The council shall submit to both houses of the legislature, the governor, and the agency on or before November 1 of each even-numbered year a written report concerning:

(1) the status of the development or implementation of the council's statewide action plan, as applicable;

(2) any action taken to further development or implementation of the plan;

(3) any area that needs improvement in implementing the plan;

(4) any recommended change to the plan; and

(5) programs and services that address expanded learning opportunities outside of the regular school day.

Added by Acts 2013, 83rd Leg., R.S., Ch. 531 (S.B. 503), Sec. 1, eff. June 14, 2013.

Sec. 33.260. GIFTS, GRANTS, AND DONATIONS. The agency may accept on behalf of the council a gift, grant, or donation from any source to carry out the purposes of this subchapter.

Added by Acts 2013, 83rd Leg., R.S., Ch. 531 (S.B. 503), Sec. 1, eff. June 14, 2013.

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS

Sec. 33.901. BREAKFAST PROGRAMS. (a) If at least 10 percent of the students enrolled in one or more schools in a school district or enrolled in an open-enrollment charter school are eligible for free or reduced-price breakfasts under the national school breakfast program provided for by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773), the board of trustees of the school district or the governing body of the open-enrollment charter school shall either:

(1) participate in the national program and make the benefits of the national program available to all eligible students in the schools or school; or

(2) develop and implement a locally funded program to provide free meals, including breakfast and lunch, to each student eligible for free meals under federal law and reduced-price meals, including breakfast and lunch, to each student eligible for reduced-price meals under federal law, provided that the reduced price may not exceed the maximum allowable rate under federal law.

(a-1) A school district is permitted under Subsection (a) to participate in the national program at one or more campuses in the district and provide a locally funded program at one or more other campuses in the district.

(b) A school district campus or an open-enrollment charter school participating in the national school breakfast program provided by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773) or providing a locally funded program in which 80 percent or more of the students qualify under the national program for a free or reduced-price breakfast shall offer a free breakfast to each student.

(c) The commissioner shall grant a waiver of the free breakfast requirements under Subsection (b), not to exceed one year, to a school district campus or an open-enrollment charter school if the board of trustees of the school district or the governing body of the open-enrollment charter school votes to request the waiver at the annual meeting of the board of trustees required under Section 44.004 or an annual meeting of the governing body called to adopt a budget for the open-enrollment charter school for the succeeding fiscal year. Before voting to request a waiver under this subsection, the board of trustees or the governing body shall list the waiver as a separate item for consideration on the meeting's agenda and provide an opportunity for public comment regarding the waiver at the meeting.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 130 (S.B. 376), Sec. 1, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 1250 (H.B. 1305), Sec. 1, eff. June 20, 2015.

Sec. 33.902. PUBLIC SCHOOL CHILD CARE. (a) In this section, "school-age students" means children enrolled as students in prekindergarten through grade 7.

(b) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 8, Sec. 21(3), eff. September 28, 2011.

(c) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 8, Sec. 21(3), eff. September 28, 2011.

(d) The Work and Family Policies Clearinghouse may distribute money appropriated by the legislature to any school district for the purpose of implementing school-age child care before and after the school day and during school holidays and vacations for a school district's school-age students. Eligible use of funds shall include planning, development, establishment, expansion, or improvement of child care services and reasonable start-up costs. The clearinghouse may distribute money to pay fees charged for providing services to students who are considered to be at risk of dropping out of school under Section 29.081. The Texas Workforce Commission shall by rule establish procedures and eligibility requirements for distributing this money to school districts.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 118, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 21(3), eff. September 28, 2011.

Sec. 33.903. COMMUNITY EDUCATION CHILD CARE SERVICES. (a) The agency shall establish a pilot program for the development of community education child care services as provided by this section. From the total amount of funds appropriated to the agency, the commissioner shall withhold an amount specified in the General Appropriations Act and distribute that amount for programs under this section. A program established under this section is required only in a school district in which the program is financed by funds distributed under this section and any other funds available for the program.

(b) The legislature may make appropriations to the agency for the purpose of supporting before- and after-school child care programs in a school district that is operating a community education development project.

(c) The agency shall actively seek federal grants or funds to operate or expand a program established under this section.

(d) The State Board of Education by rule shall establish a procedure for distributing funds to school districts for child care programs under this section. The procedure must include a statewide competitive process by which the agency shall evaluate applications for child care programs submitted by eligible school districts and award funds to those districts whose applications the agency considers to possess the greatest merit. The State Board of Education by rule shall establish guidelines and objectives that the agency shall use in making evaluations for funding determination purposes. A school district is not entitled to administrative or judicial review of the agency's funding determination, except to the extent that the State Board of Education by rule provides for administrative review.

(e) The agency may not consider a school district's application for child care funding unless the application:

(1) contains a resolution by the district's board of trustees or governing body adopting a particular child care plan;

(2) states the anticipated funding requirements for the district's child care program and provides the agency with the data and any analysis used to prepare the funding estimate;

(3) includes or is accompanied by a statement outlining how the proposed project effectuates the goals of this section and complies with the guidelines and objectives established under Subsection (d);

(4) provides that the district will provide before- and after-school care between the hours of 7 a.m. and 6 p.m. for any student in kindergarten through grade eight whose parents or legal guardians work, attend school, or participate in a job-training program during those hours;

(5) specifies that the district's child care program outlined in the application will maintain a ratio of not less than one caregiver per 20 students in kindergarten through grade three and a ratio of not less than one caregiver per 25 students in grades four through eight and will provide age-appropriate educational and recreational activities and homework assistance; and

(6) states that the district has appointed a child care administrator.

(f) A school district's child care administrator shall administer and coordinate the program under the authority of the district superintendent or another administrator the superintendent designates. The child care administrator shall appoint a coordinator to oversee the child care activities at each school site under the authority of the school's principal. Each district is encouraged to collaborate with child care management system contractors and Head Start program providers.

(g) Each school district may provide full-day care for students on school holidays and teacher preparation days and during periods school is in recess, including summer vacation.

(h) A school district may supplement any funds received under this section with funds received through other government assistance programs, program tuition, or private donations. Any tuition charge may reflect only the actual cost of care provided to the student, and the agency or other appropriate governmental agency approved by the commissioner may audit a program to ensure compliance with this subsection. A school district shall use state funds awarded under this section to benefit educationally disadvantaged children before using those funds for the care of other children.

(i) A school district may not use funds awarded under this section for student transportation unless that transportation is incident to an activity related to the curriculum of the child care program.

(j) A school district may use funds awarded under this section to contract with a private entity for providing child care services. Each of those entities shall adhere to the requirements of this section. A contract under this subsection is not effective until approved by the agency. The agency shall review each contract to ensure that the services to be delivered comply with this section. Each contract shall be awarded without regard to the race or gender of the contracting party, notwithstanding any other law.

(k) Each school district receiving funds under this section shall adopt minimum training and skills requirements that each individual providing child care or staff assistance for a district program under this section must satisfy. The agency shall determine whether those minimum requirements fulfill the aims and policies of this section and shall suspend the payment of funds to any district whose minimum requirements fail to fulfill the aims and policies of this section. The State Board of Education by rule shall adopt criteria by which the agency shall evaluate district minimum training and skills requirements. Any suspension order is subject to Chapter 2001, Government Code. A district may seek review of a suspension order under the review process adopted under Subsection (m).

(l) The State Board of Education by rule may authorize a school district to receive technical and planning assistance from a regional education service center.

(m) The agency shall monitor and review programs receiving funds under this section and may suspend funds to a school district whose programs fail to comply with this section. The State Board of Education by rule shall adopt an administrative process to review a suspension. Both a suspension order and the administrative review process are subject to Chapter 2001, Government Code.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 33.9031. BEFORE-SCHOOL AND AFTER-SCHOOL PROGRAMS. (a) The board of trustees of a school district may establish before-school or after-school programs for students enrolled in elementary or middle school grades. A program established under this section may operate before, after, or before and after school hours.

(b) A student is eligible to participate in a school district's before-school or after-school program if the student:

(1) is enrolled in a public or private school; or

(2) resides within the boundaries of the school district.

(c) A school district shall conduct a request for proposals procurement process to enable the district to determine if contracting with a child-care facility that provides a before-school or after-school program, as defined by Section 42.002, Human Resources Code, to provide the district's before-school or after-school program would serve the district's best interests. Following the request for proposals procurement process, the district may enter into a contract with a child-care facility or implement a before-school or after-school program operated by the district. If the district enters into a contract with a child-care facility, the contract must comply with the requirements of Section 44.031 and may not exceed a term of three years.

(d) The board of trustees of a school district may adopt rules in accordance with Section 11.165 to provide access to school campuses before or after school hours for the purpose of providing a before-school or after-school program.

Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 11, eff. September 1, 2017.

Sec. 33.904. LIAISON FOR CERTAIN CHILDREN IN CONSERVATORSHIP OF STATE. (a) Each school district and open-enrollment charter school shall:

(1) appoint at least one employee to act as a liaison officer to facilitate the enrollment in or transfer to a public school or open-enrollment charter school of a child in the district or area served by the charter school who is in the conservatorship of the state; and

(2) submit the liaison's name and contact information to the agency in a format and under the schedule determined by the commissioner.

(b) The agency shall provide information to the liaisons on practices for facilitating the enrollment in or transfer to a public school or open-enrollment charter school of children who are in the conservatorship of the state.

Added by Acts 2011, 82nd Leg., R.S., Ch. 725 (H.B. 826), Sec. 1, eff. September 1, 2011.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 579 (S.B. 832), Sec. 1, eff. June 14, 2013.

For expiration of this section, see Subsection (f).

Sec. 33.906. WEBSITE INFORMATION CONCERNING LOCAL PROGRAMS AND SERVICES AVAILABLE TO ASSIST HOMELESS STUDENTS. (a) Except as provided by Subsection (e), each school that maintains an Internet website shall post on the website information regarding local programs and services, including charitable programs and services, available to assist students who are homeless.

(b) A school to which Subsection (a) applies shall make a good faith effort to compile information described by that subsection and shall post the information compiled in a format and style that is easily understandable by students or parents, as appropriate based on the grade levels the school offers.

(c) A representative of a local program or service available to assist students who are homeless may request to have information concerning the program or service posted on a school's website. A school may determine the information that is posted on the school's website and is not required to post information as requested by the representative.

(d) A school district is not liable for any harm to a student that results in connection with a local program or service referred to on the website of a district school as provided by this section.

(e) This section does not apply to a school within a school district that:

(1) has an enrollment of fewer than 3,000 students; and

(2) is primarily located in a county with a population of less than 50,000.

(f) This section expires September 1, 2025.

Added by Acts 2015, 84th Leg., R.S., Ch. 1035 (H.B. 1559), Sec. 1, eff. June 19, 2015.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.09, eff. June 10, 2019.

Sec. 33.907. DONATION OF FOOD. (a) In this section:

(1) "Donate" has the meaning assigned by Section 76.001, Civil Practice and Remedies Code.

(2) "Nonprofit organization" has the meaning assigned by Section 76.001, Civil Practice and Remedies Code.

(b) A school district or open-enrollment charter school may allow a campus to elect to donate food to a nonprofit organization through a person who is directly and officially affiliated with the campus, including a teacher or counselor, or through a parent of a student enrolled at the campus. The donated food may be received, stored, and distributed on the campus. Food donated by the campus may include:

(1) surplus food prepared for breakfast, lunch, or dinner meals or snacks served from the campus cafeteria, subject to any applicable local, state, and federal requirements; or

(2) food donated to the campus as the result of a food drive or similar event.

(c) The type of food donated under Subsection (b)(1) may include:

(1) packaged unserved food that is packaged on the campus of a school district or open-enrollment charter school and has not been removed from the campus cafeteria;

(2) packaged served food if the packaging and food are in good condition;

(3) whole, uncut produce; and

(4) wrapped raw unserved produce.

(c-1) Food that by law must be maintained at a certain temperature for safety may not be donated unless the campus has maintained the food at the required temperature.

(d) Food donated under this section to a nonprofit organization may be distributed at the campus at any time. Campus employees may assist in preparing and distributing the food as volunteers for the nonprofit organization.

(e) Under this program, a school district or open-enrollment charter school may adopt a policy under which the district or charter school provides food at no cost to a student for breakfast, lunch, or dinner meals or a snack if the student is unable to purchase breakfast, lunch, or dinner meals or a snack.

(f) The commissioner may adopt rules as necessary to implement this section.

Added by Acts 2017, 85th Leg., R.S., Ch. 569 (S.B. 725), Sec. 1, eff. June 9, 2017.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 610 (S.B. 1351), Sec. 1, eff. September 1, 2021.

Sec. 33.908. GRACE PERIOD POLICY FOR EXHAUSTED OR INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. The board of trustees of a school district that allows students to use a prepaid meal card or account to purchase meals served at schools in the district shall adopt a grace period policy regarding the use of the cards or accounts. The policy:

(1) must allow a student whose meal card or account balance is exhausted or insufficient to continue, for a period determined by the board, to purchase meals by:

(A) accumulating a negative balance on the student's card or account; or

(B) otherwise receiving an extension of credit from the district;

(2) must require the district to notify the parent of or person standing in parental relation to the student that the student's meal card or account balance is exhausted;

(3) may not permit the district to charge a fee or interest in connection with meals purchased under Subdivision (1); and

(4) may permit the district to set a schedule for repayment on the account balance as part of the notice to the parent or person standing in parental relation to the student.

Added by Acts 2015, 84th Leg., R.S., Ch. 875 (H.B. 3562), Sec. 1, eff. June 18, 2015.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 12, eff. September 1, 2017.

Sec. 33.909. PURPLE STAR CAMPUS. (a) In this section, "military-connected student" has the meaning assigned by Section 25.006.

(b) The agency shall designate a school district campus as a Purple Star Campus if the campus applies and qualifies for the designation under this section.

(c) To qualify as a Purple Star Campus, a campus must:

(1) designate a staff member as a military liaison, whose duties include:

(A) identifying military-connected students enrolled at the campus through the Public Education Information Management System (PEIMS);

(B) serving as the point of contact between the campus and military-connected students and their families;

(C) determining appropriate campus services available to military-connected students; and

(D) assisting in coordinating campus programs relevant to military-connected students;

(2) maintain on the campus Internet website an easily accessible web page that includes resources for military-connected students and their families, including information regarding:

(A) relocation to, enrollment at, registration at, and transferring records to the campus;

(B) academic planning, course sequences, and advanced classes available at the campus;

(C) counseling and other support services available for military-connected students enrolled at the campus; and

(D) the military liaison designated under Subdivision (1) and the liaison's duties under that subdivision;

(3) maintain a transition program led by students, where appropriate, that assists military-connected students in transitioning into the campus;

(4) offer professional development for staff members on issues related to military-connected students; and

(5) offer at least one of the following initiatives:

(A) a resolution showing support for military-connected students and their families;

(B) recognition of the Month of the Military Child or Military Family Month with relevant events hosted by the campus; or

(C) a partnership with a local military installation that provides opportunities for active duty military members to volunteer at the campus, speak at an assembly, or host a field trip.

(d) To comply with a requirement under Subsection (c)(2), (4), or (5), a school district campus may partner with the district to provide:

(1) an Internet website web page required under Subsection (c)(2) if the campus does not have an Internet website;

(2) professional development required under Subsection (c)(4); or

(3) an initiative required under Subsection (c)(5).

(e) The agency shall adopt rules as necessary to administer this section.

Added by Acts 2019, 86th Leg., R.S., Ch. 269 (S.B. 1557), Sec. 2, eff. May 28, 2019.

Sec. 33.913. TUTORING PROGRAM. (a) A member of a nonprofit teacher organization or a person who is not a member but meets the requirements under Subsection (b) may participate in a tutoring program in accordance with this section to provide supplemental instruction to students in kindergarten through grade 12 on an individualized or small-group basis.

(b) To participate in the program as a tutor, a person must:

(1) be an active or retired teacher;

(2) apply for the position in a manner specified by the nonprofit organization;

(3) designate in the application whether the person plans to provide tutoring:

(A) for compensation, on a volunteer basis, or both; and

(B) in person, online, or both; and

(4) not be included in the registry of persons not eligible for employment by a public school under Section 22.092.

(c) The superintendent or chief executive officer of each school district or open-enrollment charter school or the person designated by the superintendent or chief executive officer shall:

(1) oversee the tutoring program within the district or school; and

(2) not later than the last day of each semester, submit a report to the board of trustees of the district or the governing body of the school that includes, with respect to that semester:

(A) the number of active or retired teachers who contacted the district or school to offer tutoring services to students in the district or school; and

(B) the number of active or retired teachers who were used by the district or school as a tutor on a volunteer basis or employed by the district or school to provide tutoring services for compensation.

(d) A school district or open-enrollment charter school may use any available local, state, or federal funds to provide compensation to a person participating in the program as a tutor who is providing tutoring for compensation under the program.

(e) If an active or retired teacher who has been approved for participation in the tutoring program contacts a school district or open-enrollment charter school to provide tutoring to students in the district or school and the district or school needs tutoring assistance, the district or school may:

(1) if the teacher is providing tutoring services on a volunteer basis, use the volunteer tutoring services provided by the teacher; or

(2) if the district or school has local, state, or federal funds for purposes of the tutoring program and the teacher is providing tutoring services for compensation, employ the teacher as a tutor.

(f) At least quarterly, each nonprofit organization participating in the tutoring program shall provide to the organization's members:

(1) a description of the tutoring program and guidance on how to participate in the program; and

(2) the contact information of each person described by Subsection (c) for the school district in which the member resides, any open-enrollment charter schools located within that district, and any adjacent districts.

(g) This section does not create a cause of action or liability or an obligation or duty that provides a basis for a cause of action or liability against a nonprofit teacher organization approved by the commissioner for the purpose of participating in the tutoring program for any action taken by a member of the organization participating in the program as a tutor.

Added by Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 15, eff. September 1, 2021.

Added by Acts 2021, 87th Leg., R.S., Ch. 880 (S.B. 1356), Sec. 2, eff. June 16, 2021.

# data[].attributes.attachment_link.title
EDUCATION CODE CHAPTER 33. SERVICE PROGRAMS AND EXTRACURRICULAR ACTIVITIES

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EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES CHAPTER 33. SERVICE PROGRAMS AND EXTRACURRICULAR ACTIVITIES SUBCHAPTER A. SCHOOL COUNSELORS AND COUNSELING PROGRAMS Sec. 33.002. CERTIFIED SCHOOL COUNSELOR. (a) From funds appropriated for the purpose or other funds that may be used for the purpose, the commissioner shall distribute funds for programs under this subchapter.

# data[].attributes.headline
I interviewed: Carol Gloetzner, Mentor for adoptive and foster care families & Business owner of Family Connection Consultants LLC

# data[].attributes.subject
I interviewed: Carol Gloetzner, Mentor for adoptive and foster care families & Business owner of Family Connection Consultants LLC

# data[].attributes.body
In text citation: (Gloetzner, C., personal communication, June 20, 2022)

# data[].attributes.attachment_link.readable_text
Company Number

5796750

Status

Active

Incorporation Date

Company Type

Domestic Limited Liability Company

Jurisdiction

New Mexico (US)

Business Classification Text

MENTOR AND SUPPORT ADOPTIVE, FOSTER AND RELATIVE FAMILIES

Agent Name

CAROL GLOETZNER

Agent Address

30 SHADE TREE LN, Tijeras, NM, 87059, USA

Directors / Officers

Registry Page

Website unavailable outside U.S.

# data[].attributes.attachment_link.description
Company Number 5796750 Status Active Incorporation Date Company Type Domestic Limited Liability Company Jurisdiction New Mexico (US) Business Classification Text MENTOR AND SUPPORT ADOPTIVE, FOSTER AND RELATIVE FAMILIES Agent Name CAROL GLOETZNER Agent Address 30 SHADE TREE LN, Tijeras, NM, 87059, USA Directors / Officers Registry Page Website unavailable outside U.S.

# data[].attributes.headline
The Uninterrupted Scholar's Act opens records for welfare and case managers of children in foster care

# data[].attributes.subject
The Uninterrupted Scholar's Act opens records for welfare and case managers of children in foster care

# data[].attributes.body
This law is an amendment to the federal Family Educational Rights and Privacy Act (FERPA). It allows educational agencies and institutions to disclose a student’s education records to child welfare case workers or other representatives of a state or local child welfare agency

Citation:
S.3472 - 112th Congress (2011-2012): Uninterrupted Scholars Act (USA), S.3472, 112th Cong. (2013), http://www.congress.gov/.

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Sponsor: | Sen. Landrieu, Mary L. [D-LA] (Introduced 08/01/2012)
Committees: | Senate - Health, Education, Labor, and Pensions | House - Education and the Workforce
Latest Action: | 01/14/2013 Became Public Law No: 112-278. (TXT | PDF)  (All Actions)

Tracker: Tip

This bill has the status Became Law

Here are the steps for Status of Legislation:

1. Introduced

2. Passed Senate

3. Passed House

4. To President

5. Became Law

Summary: S.3472 — 112th Congress (2011-2012)All Information (Except Text)

Shown Here:
Public Law No: 112-278 (01/14/2013)

(This measure has not been amended since it was passed by the Senate on December 17, 2012. The summary of that version is repeated here.)

Uninterrupted Scholars Act (USA) - Amends provisions of the Family Educational Rights and Privacy Act of 1974 that prohibit the Department of Education from funding educational agencies or institutions that release student educational records (or personally identifiable information other than certain directory information) to any individual, agency, or organization without written parental consent.

Expands the list of organizations exempt from such prohibitions (thereby permitting the educational agencies or institutions participating in a Department of Education program to release records or identifiable information to such organizations without parental consent) to include an agency caseworker or other representative of a state or local child welfare agency or tribal organization authorized to access a student's case plan when such agencies or organizations are legally responsible for the care and protection of the student.

Sets forth conditions including that: (1) the education records, or the personally identifiable information contained in such records, will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the student's education needs and authorized by such agency or organization to receive such disclosure; and (2) such disclosures be consistent with applicable student record confidentiality laws of states and tribes.

Permits the release of such records and information without additional notice to parents and students when a parent is a party to a court proceeding involving child abuse and neglect or dependency matters and a court order has already been issued in the context of that proceeding.

# data[].attributes.attachment_link.title
S.3472 - 112th Congress (2011-2012): Uninterrupted Scholars Act (USA)

# data[].attributes.attachment_link.description
Summary of S.3472 - 112th Congress (2011-2012): Uninterrupted Scholars Act (USA)

# data[].attributes.body
This law requires state child welfare agencies to collaborate with their state and local education agencies

# data[].attributes.body
All children in foster care are eligible for child nutrition programs in schools.

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EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE B. STATE AND REGIONAL ORGANIZATION AND GOVERNANCE



CHAPTER 7. STATE ORGANIZATION



SUBCHAPTER A. GENERAL PROVISIONS



Sec. 7.001. DEFINITION. In this chapter, "board" means the State Board of Education.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 7.002. TEXAS EDUCATION AGENCY: COMPOSITION AND PURPOSE. (a) The commissioner of education and the agency staff comprise the Texas Education Agency.


(b) The agency shall carry out the educational functions specifically delegated under Section 7.021, 7.055, or another provision of this code.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 7.003. LIMITATION ON AUTHORITY. An educational function not specifically delegated to the agency or the board under this code is reserved to and shall be performed by school districts or open-enrollment charter schools.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 7.004. SUNSET PROVISION. (a) The Texas Education Agency is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the agency is abolished September 1, 2027.


(b) As part of the Sunset Advisory Commission's review of the agency under Subsection (a), the commission in coordination with the agency shall select for review three regional education service centers that serve diverse geographic areas of the state and diverse population sizes. The commission's review of the agency must include an evaluation of the agency's oversight of the centers.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2005, 79th Leg., Ch. 1227 (H.B. 1116), Sec. 1.05(a), eff. September 1, 2005.


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 8.01, eff. May 31, 2006.


Acts 2009, 81st Leg., 1st C.S., Ch. 2 (S.B. 2), Sec. 2.01, eff. July 10, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 1279 (H.B. 1675), Sec. 1.01(a), eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 938 (H.B. 3123), Sec. 3.01, eff. June 18, 2015.


Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 4.01, eff. June 10, 2019.


Sec. 7.005. COOPERATION BETWEEN STATE AGENCIES OF EDUCATION. The State Board of Education and the Texas Higher Education Coordinating Board, in conjunction with other appropriate agencies, shall ensure that long-range plans and educational programs established by each board provide a comprehensive education for the students of this state under the jurisdiction of that board, extending from early childhood education through postgraduate study. In assuring that programs are coordinated, the boards shall use the P-16 Council established under Section 61.076.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 820, Sec. 36, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 4.001, eff. September 1, 2007.


Sec. 7.006. COORDINATION OF RECORDS. The commissioner of education and the commissioner of higher education shall ensure that records relating to student performance held by the Texas Education Agency and the Texas Higher Education Coordinating Board are coordinated and maintained in standardized, compatible formats that permit:


(1) the exchange of information between the agencies; and


(2) the matching of individual student records so that a student's academic performance may be assessed throughout the student's educational career.


Added by Acts 2001, 77th Leg., ch. 834, Sec. 1, eff. Sept. 1, 2001.


Sec. 7.008. PUBLIC ACCESS TO PEIMS DATA. (a) The commissioner with the assistance of an advisory panel described by Subsection (b) shall develop a request for proposal for a qualified third-party contractor to develop and implement procedures to make available, through the agency Internet website, all financial and academic performance data submitted through the Public Education Information Management System (PEIMS) for school districts and campuses.


(b) The commissioner shall appoint an advisory panel to assist the commissioner in developing requirements for a system that is easily accessible by the general public and contains information of primary relevance to the public. The advisory panel shall consist of:


(1) educators;


(2) interested stakeholders;


(3) business leaders; and


(4) other interested members of the public.


(c) The procedures developed under this section must provide:


(1) a summarized format easily understood by the public for reporting financial and academic performance information on the agency Internet website; and


(2) the ability for those who access the Internet website to view and download state, district, and campus level information.


(d) This section does not authorize the disclosure of student information that may not be disclosed under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). The commissioner shall adopt rules to protect the confidentiality of student information.


(e) Expired.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 2.02, eff. May 31, 2006.


Sec. 7.010. ELECTRONIC STUDENT RECORDS SYSTEM. (a) In this section, "institution of higher education" has the meaning assigned by Section 61.003.


(b) Each school district, open-enrollment charter school, and institution of higher education shall participate in an electronic student records system that satisfies standards approved by the commissioner of education and the commissioner of higher education.


(c) The electronic student records system must permit an authorized state or district official or an authorized representative of an institution of higher education to electronically transfer to and from an educational institution in which the student is enrolled and retrieve student transcripts, including information concerning a student's:


(1) course or grade completion;


(2) teachers of record;


(3) assessment instrument results;


(4) receipt of special education services, including placement in a special education program and the individualized education program developed; and


(5) personal graduation plan as described by Section 28.0212 or 28.02121, as applicable.


(d) The commissioner of education or the commissioner of higher education may solicit and accept grant funds to maintain the electronic student records system and to make the system available to school districts, open-enrollment charter schools, and institutions of higher education.


(e) A private or independent institution of higher education, as defined by Section 61.003, may participate in the electronic student records system under this section. If a private or independent institution of higher education elects to participate, the institution must provide the funding to participate in the system.


(f) Any person involved in the transfer and retrieval of student information under this section is subject to any state or federal law governing the release of or providing access to any confidential information to the same extent as the educational institution from which the data is collected. A person may not release or distribute the data to any other person in a form that contains confidential information.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.01, eff. May 31, 2006.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 1(a), eff. June 10, 2013.


Sec. 7.012. MODEL DATA-SHARING AGREEMENTS. The agency, the Texas Higher Education Coordinating Board, and the Texas Workforce Commission jointly shall develop and make available the following model data-sharing agreements for sharing information subject to the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) for purposes of system evaluation and improved support of students and workforce preparation participants:


(1) a model data-sharing agreement for public schools and public and private institutions of higher education to share that information with entities authorized to receive that information for use in ongoing system evaluation and improvement purposes or whose employees or contractors are school officials for purposes of the Family Educational Rights and Privacy Act of 1974; and


(2) a model data-sharing agreement for reciprocal sharing of that information between:


(A) public schools;


(B) public or private institutions of higher education;


(C) state and local workforce entities; and


(D) entities authorized to receive that information for use in ongoing system evaluation and improvement purposes or whose employees or contractors are school officials for purposes of the Family Educational Rights and Privacy Act of 1974.


Added by Acts 2021, 87th Leg., R.S., Ch. 91 (S.B. 788), Sec. 1, eff. September 1, 2021.


SUBCHAPTER B. TEXAS EDUCATION AGENCY



Sec. 7.021. TEXAS EDUCATION AGENCY POWERS AND DUTIES. (a) The agency shall perform the educational functions provided by Subsection (b).


(b)(1) The agency shall administer and monitor compliance with education programs required by federal or state law, including federal funding and state funding for those programs.


(2) The agency shall conduct research, analysis, and reporting to improve teaching and learning.


(3) The agency shall conduct hearings involving state school law at the direction and under the supervision of the commissioner.


(4) The agency shall establish and implement pilot programs established by this title.


(5) The agency shall carry out the duties relating to the investment capital fund under Section 7.024.


(6) The agency shall develop and implement a teacher recruitment program as provided by Section 21.004.


(7) The agency shall carry out duties under the Texas Advanced Placement Incentive Program under Subchapter C, Chapter 28.


(8) The agency shall carry out powers and duties relating to community education as required under Subchapter H, Chapter 29.


(9) The agency shall develop a program of instruction in driver education and traffic safety as provided by Section 29.902.


(10) The agency shall carry out duties assigned under Section 30.002 concerning children with visual impairments.


(11) The agency shall carry out powers and duties related to regional day school programs for the deaf as provided under Subchapter D, Chapter 30.


(12) The agency shall establish and maintain an electronic information transfer system as required under Section 32.032, maintain and expand telecommunications capabilities of school districts and regional education service centers as required under Section 32.033, and establish technology demonstration programs as required under Section 32.035.


(13) The agency shall review school district budgets, audit reports, and other fiscal reports as required under Sections 44.008 and 44.010 and prescribe forms for financial reports made by or for school districts to the commissioner or the agency as required under Section 44.009.


(14) The agency shall cooperate with the Texas Higher Education Coordinating Board in connection with the Texas partnership and scholarship program under Subchapter Q, Chapter 61.


(c) The agency may enter into an agreement with a federal agency concerning a project related to education, including the provision of school lunches and the construction of school buildings. Not later than the 30th day before the date the agency enters into an agreement under this subsection concerning a new project or reauthorizing a project, the agency must provide written notice, including a description of the project, to:


(1) the governor;


(2) the Legislative Budget Board; and


(3) the presiding officers of the standing committees of the senate and of the house of representatives with primary jurisdiction over the agency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.01, eff. Sept. 1, 1997.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.002(2), eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 2.01, eff. September 1, 2013.


Sec. 7.022. INTERNAL AUDIT. The auditor appointed by the commissioner under Section 7.055 shall coordinate the agency's efforts to evaluate and improve its internal operations.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1122, Sec. 1, eff. Sept. 1, 1997.


Sec. 7.023. AGENCY EMPLOYMENT POLICY. A decision of the agency relating to employment shall be made without regard to a person's race, color, disability, sex, religion, age, or national origin.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 7.024. INVESTMENT CAPITAL FUND. (a) The investment capital fund consists of money appropriated for purposes of the fund. The agency shall administer the fund. The purposes of this fund are to assist eligible public schools to implement practices and procedures consistent with deregulation and school restructuring in order to improve student achievement and to help schools identify and train parents and community leaders who will hold the school and the school district accountable for achieving high academic standards.


(b) The commissioner may make grants from the fund to eligible schools.


(c) A school is eligible to apply for a grant if the school has demonstrated a commitment to campus deregulation and to restructuring educational practices and conditions at the school by entering into a partnership with:


(1) school staff;


(2) parents of students at the school;


(3) community and business leaders;


(4) school district officers;


(5) a nonprofit, community-based organization that has a demonstrated capacity to train, develop, and organize parents and community leaders into a large, nonpartisan constituency that will hold the school and the school district accountable for achieving high academic standards; and


(6) the agency.


(d) A grant from the fund shall be made directly to the school and may be used for the training and development of school staff, parents, and community leaders in order that they understand and implement the academic standards and practices necessary for high academic achievement, appropriate strategies to deregulate and restructure the school in order to improve student achievement, and effective strategies to organize parents and community leaders into a large, nonpartisan constituency that will hold the school and the school district accountable for achieving high academic standards. The grant may be used to implement strategies developed by the partners that are designed to enrich or extend student learning experiences outside of the regular school day.


(e) The commissioner may make a grant of up to $50,000 each academic year to an eligible school. Campus administration personnel of a school that receives a grant under this section are accountable to the commissioner of education and must demonstrate:


(1) the responsible use of the grant to achieve campus deregulation and restructuring to improve academic performance;


(2) a comprehensive plan to engage in ongoing development and training of teachers, parents, and community leaders to:


(A) understand academic standards;


(B) develop effective strategies to improve academic performance; and


(C) organize a large constituency of parents and community leaders to hold the school and school district accountable to achieve high academic standards;


(3) ongoing progress in achieving higher academic performance; and


(4) ongoing progress in identifying, training, and organizing parents and community leaders who are holding the school and the school district accountable for achieving high academic standards.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 937, Sec. 1, eff. Sept. 1, 1999.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 2, eff. September 1, 2009.


Sec. 7.025. YMCA ACCOUNT. The YMCA account is a separate account in the general revenue fund. The account is composed of money deposited to the credit of the account under Section 502.299, Transportation Code, as added by Chapter 433, Acts of the 76th Legislature, Regular Session, 1999. The Texas Education Agency administers the account and may spend money credited to the account only to make grants to benefit the youth and government programs sponsored by the Young Men's Christian Associations located in Texas.


Added by Acts 2001, 77th Leg., ch. 869, Sec. 2(b), eff. June 14, 2001.


Sec. 7.026. DONATIONS FOR USE RELATED TO CARDIOPULMONARY RESUSCITATION (CPR) INSTRUCTION. (a) The agency may accept donations, including donations of equipment, for use in providing cardiopulmonary resuscitation (CPR) instruction to students. The agency:


(1) shall distribute the donations to school districts for the purpose of providing CPR instruction to students under Sections 28.0023 and 29.903; and


(2) may use a portion of the donations to the extent necessary to pay administrative expenses related to the donations.


(b) The commissioner may adopt rules as necessary to implement this section.


Added by Acts 2001, 77th Leg., ch. 814, Sec. 1, eff. June 14, 2001. Renumbered from Education Code Sec. 7.025 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(11), eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1371 (S.B. 7), Sec. 2, eff. June 15, 2007.


Sec. 7.027. TEXAS MUSIC FOUNDATION ACCOUNT. (a) The Texas Music Foundation account is established as a separate account in the general revenue fund. The account is composed of money deposited to the credit of the account under Section 504.639, Transportation Code. Money in the account may be used only for the purposes of this section.


(b) The Music, Film, Television, and Multimedia Office in the governor's office shall administer the account. The agency may spend money credited to the account only to make grants to benefit music-related educational and community programs sponsored by nonprofit organizations based in this state. An administration fee of $5 per license plate shall be retained by the Music, Film, Television, and Multimedia Office for performance of administrative duties.


Added by Acts 2003, 78th Leg., ch. 1320, Sec. 8, eff. Sept. 1, 2003.


Sec. 7.028. LIMITATION ON COMPLIANCE MONITORING. (a) Except as provided by Section 21.006(k), 22.093(l), 22.096, 28.006, 29.001(5), 29.010(a), 33.006(h), 38.003, or 39.003, the agency may monitor compliance with requirements applicable to a process or program provided by a school district, campus, program, or school granted charters under Chapter 12, including the process described by Subchapter F, Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or I, Chapter 29, or Subchapter A, Chapter 37, only as necessary to ensure:


(1) compliance with federal law and regulations;


(2) financial accountability, including compliance with grant requirements;


(3) data integrity for purposes of:


(A) the Public Education Information Management System (PEIMS); and


(B) accountability under Chapters 39 and 39A; and


(4) qualification for funding under Chapter 48.


(b) The board of trustees of a school district or the governing body of an open-enrollment charter school has primary responsibility for ensuring that the district or school complies with all applicable requirements of state educational programs.


Added by Acts 2003, 78th Leg., ch. 201, Sec. 4, eff. Sept. 1, 2003.


Renumbered from Education Code, Section 7.027 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(9), eff. September 1, 2005.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 2, eff. June 19, 2009.


Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 1, eff. June 19, 2015.


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(1), eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 450 (S.B. 2075), Sec. 1, eff. June 4, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.001, eff. June 12, 2019.


Acts 2021, 87th Leg., R.S., Ch. 938 (S.B. 179), Sec. 2, eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 4.01, eff. September 1, 2021.


Sec. 7.029. MEMORANDUM OF UNDERSTANDING REGARDING EXCHANGE OF INFORMATION FOR STUDENTS IN FOSTER CARE. (a) The agency and the Department of Family and Protective Services shall enter into a memorandum of understanding regarding the exchange of information as appropriate to facilitate the department's evaluation of educational outcomes of students in foster care. The memorandum of understanding must require:


(1) the department to provide the agency each year with demographic information regarding individual students who during the preceding school year were in the conservatorship of the department following an adversarial hearing under Section 262.201, Family Code; and


(2) the agency, in a manner consistent with federal law, to provide the department with aggregate information regarding educational outcomes of students for whom the agency received demographic information under Subdivision (1).


(b) For purposes of Subsection (a)(2), information regarding educational outcomes includes information relating to student academic achievement, graduation rates, school attendance, disciplinary actions, and receipt of special education services.


(b-1) To facilitate implementation of Subsection (a)(2), the agency shall, in the manner established by commissioner rule, collect data through the Public Education Information Management System (PEIMS) as to the foster care status of students.


(c) The department may authorize the agency to provide education research centers established under Section 1.005 with demographic information regarding individual students received by the agency in accordance with Subsection (a)(1), as appropriate to allow the centers to perform additional analysis regarding educational outcomes of students in foster care. Any use of information regarding individual students provided to a center under this subsection must be approved by the department.


(d) Nothing in this section may be construed to:


(1) require the agency or the department to collect or maintain additional information regarding students in foster care; or


(2) allow the release of information regarding an individual student in a manner not permitted under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) or another state or federal law.


Added by Acts 2009, 81st Leg., R.S., Ch. 1372 (S.B. 939), Sec. 1, eff. June 19, 2009.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 758 (S.B. 833), Sec. 1, eff. June 14, 2013.


Sec. 7.031. GRANTS. (a) The agency may seek, accept, and distribute grants awarded by the federal government or any other public or private entity for the benefit of public education, subject to the limitations or conditions imposed by the terms of the grants or by other law.


(b) Unless otherwise prohibited by federal law, the commissioner may determine, solely for purposes of the program's eligibility to receive federal grant funds, for the purpose of technology services and support, that a Head Start program operated in this state by a school district or a community-based organization serves the function of an elementary school by providing elementary education at one or more program facilities.


(c) A determination by the commissioner under Subsection (b):


(1) does not entitle a Head Start program to receive state funds for which the program would not otherwise be eligible;


(2) may not reduce the amount of federal grant funds available for school districts and open-enrollment charter schools; and


(3) may not be appealed.


Added by Acts 2009, 81st Leg., R.S., Ch. 603 (H.B. 635), Sec. 1, eff. June 19, 2009.


Sec. 7.037. REPORTING SCHEDULE. (a) To the extent possible, the Texas Education Agency shall develop and maintain a comprehensive schedule that addresses each reporting requirement generally applicable to a school district, including requirements imposed by a state agency or entity other than the Texas Education Agency, and that specifies the date by which a school district must comply with each requirement.


(b) A state agency that requires a school district to periodically report information to that agency shall provide the Texas Education Agency with information regarding the reporting requirement as necessary to enable the Texas Education Agency to develop and maintain the schedule required by Subsection (a).


(c) The Texas Education Agency shall determine the appropriate format of the schedule required by Subsection (a) and the manner in which the schedule is made readily accessible to school districts.


Added by Acts 2009, 81st Leg., R.S., Ch. 1156 (H.B. 3041), Sec. 1, eff. September 1, 2009.


Sec. 7.040. POSTSECONDARY EDUCATION AND CAREER OPPORTUNITIES. (a) The agency shall prepare information comparing institutions of higher education in this state and post the information on the agency's Internet website. Information prepared under this section shall be given to a public school student who requests the information. The information shall:


(1) identify postsecondary education and career opportunities, including information that states the benefits of four-year and two-year higher education programs, postsecondary technical education, skilled workforce careers, and career education programs;


(2) compare each institution of higher education with other institutions regarding:


(A) the relative cost of tuition;


(B) the retention rate of students;


(C) the graduation rate of students;


(D) the average student debt;


(E) the loan repayment rate of students; and


(F) the employment rate of students;


(3) identify the state's future workforce needs, as projected by the Texas Workforce Commission; and


(4) include annual wage information for the top 10 highest demand jobs in this state, as identified by the Texas Workforce Commission.


(b) The agency shall collaborate with the Texas Higher Education Coordinating Board and the Texas Workforce Commission to obtain the information required under Subsection (a). The agency shall incorporate the use of existing materials and develop new materials to be provided to counselors, students, and parents regarding institutions of higher education.


(c) Each institution of higher education shall include on its Internet website, in a prominent location that is not more than three hyperlinks from the website's home page, a link to the information posted on the agency's Internet website under Subsection (a).


Added by Acts 2013, 83rd Leg., R.S., Ch. 299 (H.B. 1296), Sec. 1, eff. June 14, 2013.


SUBCHAPTER C. COMMISSIONER OF EDUCATION



Sec. 7.051. SELECTION OF THE COMMISSIONER. The governor, with the advice and consent of the senate, shall appoint the commissioner of education.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 7.052. TERM OF OFFICE. The commissioner serves a term of office of four years commensurate with the term of the governor.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 7.053. REMOVAL FROM OFFICE. The governor, with the advice and consent of the senate, may remove the commissioner from office as provided by Section 9, Article XV, Texas Constitution.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 7.054. QUALIFICATION. The commissioner must be a citizen of the United States.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 7.055. COMMISSIONER OF EDUCATION POWERS AND DUTIES. (a) The commissioner has the powers and duties provided by Subsection (b).


(b)(1) The commissioner shall serve as the educational leader of the state.


(2) The commissioner shall serve as executive officer of the agency and as executive secretary of the board.


(3) The commissioner shall carry out the duties imposed on the commissioner by the board or the legislature.


(4) The commissioner shall prescribe a uniform system of forms, reports, and records necessary to fulfill the reporting and recordkeeping requirements of this title.


(5) The commissioner may delegate ministerial and executive functions to agency staff and may employ division heads and any other employees and clerks to perform the duties of the agency.


(6) The commissioner shall adopt an annual budget for operating the Foundation School Program as prescribed by Subsection (c).


(7) The commissioner may issue vouchers for the expenditures of the agency and shall examine and must approve any account to be paid out of the school funds before the comptroller may issue a warrant.


(8) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(7), eff. June 17, 2011.


(9) The commissioner shall have a manual published at least once every two years that contains Title 1 and this title, any other provisions of this code relating specifically to public primary or secondary education, and an appendix of all other state laws relating to public primary or secondary education and shall provide for the distribution of the manual as determined by the board.


(10) The commissioner may visit different areas of this state, address teachers' associations and educational gatherings, instruct teachers, and promote all aspects of education and may be reimbursed for necessary travel expenses incurred under this subdivision to the extent authorized by the General Appropriations Act.


(11) The commissioner may appoint advisory committees, in accordance with Chapter 2110, Government Code, as necessary to advise the commissioner in carrying out the duties and mission of the agency.


(12) The commissioner shall appoint an agency auditor.


(13) The commissioner may provide for reductions in the number of agency employees.


(14) The commissioner shall carry out duties relating to the investment capital fund under Section 7.024.


(15) The commissioner shall review and act, if necessary, on applications for waivers under Section 7.056.


(16) The commissioner shall carry out duties relating to regional education service centers as specified under Chapter 8.


(17) The commissioner shall distribute funds to open-enrollment charter schools as required under Subchapter D, Chapter 12.


(18) The commissioner shall adopt a recommended appraisal process and criteria on which to appraise the performance of teachers, a recommended appraisal process and criteria on which to appraise the performance of administrators, and a job description and evaluation form for use in evaluating school counselors, as provided by Subchapter H, Chapter 21.


(19) The commissioner shall coordinate and implement teacher recruitment programs under Section 21.004.


(20) The commissioner shall perform duties in connection with the certification and assignment of hearing examiners as provided by Subchapter F, Chapter 21.


(21) The commissioner shall carry out duties under the Texas Advanced Placement Incentive Program under Subchapter C, Chapter 28.


(22) The commissioner may adopt rules for optional extended year programs under Section 29.082.


(23) The commissioner shall monitor and evaluate prekindergarten programs and other child-care programs as required under Section 29.154.


(24) The commissioner, with the approval of the board, shall develop and implement a plan for the coordination of services to children with disabilities as required under Section 30.001.


(25) The commissioner shall develop a system to distribute to school districts or regional education service centers a special supplemental allowance for students with visual impairments as required under Section 30.002.


(26) The commissioner, with the assistance of the comptroller, shall determine amounts to be distributed to the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf as provided by Section 30.003 and to the Texas Juvenile Justice Department as provided by Section 30.102.


(27) The commissioner shall establish a procedure for resolution of disputes between a school district and the Texas School for the Blind and Visually Impaired under Section 30.021.


(28) The commissioner shall perform duties relating to the funding, adoption, and purchase of instructional materials under Chapter 31.


(29) The commissioner may enter into contracts concerning technology in the public school system as authorized under Chapter 32.


(30) The commissioner shall adopt a recommended contract form for the use, acquisition, or lease with option to purchase of school buses under Section 34.009.


(31) The commissioner shall ensure that the cost of using school buses for a purpose other than the transportation of students to or from school is properly identified in the Public Education Information Management System (PEIMS) under Section 34.010.


(32) The commissioner shall perform duties in connection with the public school accountability system as prescribed by Chapters 39 and 39A.


(33) Repealed by Acts 1999, 76th Leg., ch. 397, Sec. 8, eff. Sept. 1, 1999.


(34) The commissioner shall perform duties in connection with the options for local revenue levels in excess of entitlement under Chapter 49.


(35) The commissioner shall perform duties in connection with the Foundation School Program as prescribed by Chapter 48.


(36) The commissioner shall establish advisory guidelines relating to the fiscal management of a school district and report annually to the board on the status of school district fiscal management as required under Section 44.001.


(37) The commissioner shall review school district audit reports as required under Section 44.008.


(38) The commissioner shall perform duties in connection with the guaranteed bond program as prescribed by Subchapter C, Chapter 45.


(39) The commissioner shall cooperate with the Texas Higher Education Coordinating Board in connection with the Texas partnership and scholarship program under Subchapter Q, Chapter 61.


(40) The commissioner shall suspend the certificate of an educator or permit of a teacher who violates Chapter 617, Government Code.


(41) The commissioner shall adopt rules relating to extracurricular activities under Section 33.081 and approve or disapprove University Interscholastic League rules and procedures under Section 33.083.


(c) The budget the commissioner adopts under Subsection (b) for operating the Foundation School Program must be in accordance with legislative appropriations and provide funds for the administration and operation of the agency and any other necessary expense. The budget must designate any expense of operating the agency or operating a program for which the board has responsibility that is paid from the Foundation School Program. The budget must designate program expenses that may be paid out of the foundation school fund, other state funds, fees, federal funds, or funds earned under interagency contract. Before adopting the budget, the commissioner must submit the budget to the board for review and, after receiving any comments of the board, present the operating budget to the governor and the Legislative Budget Board. The commissioner shall provide appropriate information on proposed budget expenditures to the comptroller to assure that all payments are paid from the appropriate funds in a timely and efficient manner.


(d) Notwithstanding any other law, the commissioner's power to delegate ministerial and executive functions under Subsection (b)(5) is a valid delegation of authority.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.01, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1423, Sec. 5.01, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 397, Sec. 8, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 4.001(a), eff. Sept. 1, 2001.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.002(3), eff. September 1, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(7), eff. June 17, 2011.


Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 2, eff. July 19, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 1, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 20, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(2), eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.001, eff. September 1, 2019.


Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 1.01, eff. September 1, 2021.


Sec. 7.056. WAIVERS AND EXEMPTIONS. (a) Except as provided by Subsection (e), a school campus or district may apply to the commissioner for a waiver of a requirement, restriction, or prohibition imposed by this code or rule of the board or commissioner.


(b) A school campus or district seeking a waiver must submit a written application to the commissioner not later than the 31st day before the campus or district intends to take action requiring a waiver. The application must include:


(1) a written plan approved by the board of trustees of the district that states the achievement objectives of the campus or district and the inhibition imposed on those objectives by the requirement, restriction, or prohibition; and


(2) written comments from the campus- or district-level committee established under Section 11.251.


(c) If the commissioner objects to an application for a waiver, the commissioner must notify the school campus or district in writing that the application is denied not later than the 30th day after the date on which the application is received. If the commissioner does not notify the school campus or district of an objection within that time, the application is considered granted.


(d) A waiver granted under this section is effective for the period stated in the application, which may not exceed three years. A school campus or district for which a requirement, restriction, or prohibition is waived under this section for a period of three years may receive an exemption from that requirement, restriction, or prohibition at the end of that period if the campus or district has fulfilled the achievement objectives stated in the application. The exemption remains in effect until the commissioner determines that achievement levels of the campus or district have declined.


(e) Except as provided by Subsection (f), a school campus or district may not receive an exemption or waiver under this section from:


(1) a prohibition on conduct that constitutes a criminal offense;


(2) a requirement imposed by federal law or rule, including a requirement for special education or bilingual education programs; or


(3) a requirement, restriction, or prohibition relating to:


(A) essential knowledge or skills under Section 28.002 or high school graduation requirements under Section 28.025;


(B) public school accountability as provided by Subchapters B, C, D, and J, Chapter 39, and Chapter 39A;


(C) extracurricular activities under Section 33.081 or participation in a University Interscholastic League area, regional, or state competition under Section 33.0812;


(D) health and safety under Chapter 38;


(E) purchasing under Subchapter B, Chapter 44;


(F) elementary school class size limits, except as provided by Section 25.112;


(G) removal of a disruptive student from the classroom under Subchapter A, Chapter 37;


(H) at-risk programs under Subchapter C, Chapter 29;


(I) prekindergarten programs under Subchapter E, Chapter 29;


(J) educator rights and benefits under Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter A, Chapter 22;


(K) special education programs under Subchapter A, Chapter 29;


(L) bilingual education programs under Subchapter B, Chapter 29; or


(M) the requirements for the first day of instruction under Section 25.0811.


(f) A school district or campus that is required to develop and implement a student achievement improvement plan under Subchapter A, Chapter 39A, or Section 39A.051 may receive an exemption or waiver under this section from any law or rule other than:


(1) a prohibition on conduct that constitutes a criminal offense;


(2) a requirement imposed by federal law or rule;


(3) a requirement, restriction, or prohibition imposed by state law or rule relating to:


(A) public school accountability as provided by Subchapters B, C, D, and J, Chapter 39, and Chapter 39A; or


(B) educator rights and benefits under Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter A, Chapter 22; or


(4) selection of instructional materials under Chapter 31.


(g) In a manner consistent with waiver authority granted to the commissioner by the United States Department of Education, the commissioner may grant a waiver of a state law or rule required by federal law, including Subchapter A, B, or C, Chapter 29. Before exercising any waiver authority under this subsection, the commissioner shall notify the Legislative Budget Board and the office of budget and planning in the governor's office.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 342, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 812 (S.B. 658), Sec. 2, eff. June 17, 2005.


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 9.01, eff. May 31, 2006.


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 3, eff. June 19, 2009.


Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 3, eff. July 19, 2011.


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(3), eff. September 1, 2017.


Sec. 7.0561. TEXAS HIGH PERFORMANCE SCHOOLS CONSORTIUM. (a) In this section, "consortium" means the Texas High Performance Schools Consortium established under this section.


(b) The Texas High Performance Schools Consortium is established to inform the governor, legislature, State Board of Education, and commissioner concerning methods for transforming public schools in this state by improving student learning through the development of innovative, next-generation learning standards and assessment and accountability systems, including standards and systems relating to career and college readiness.


(c) From among school districts and eligible open-enrollment charter schools that apply using the form and in the time and manner established by commissioner rule, the commissioner may select not more than 30 participants for the consortium. The districts selected by the commissioner must represent a range of district types, sizes, and diverse student populations, as determined by the commissioner in accordance with commissioner rule. To be eligible to participate in the consortium, an open-enrollment charter school must have been awarded a distinction designation under Subchapter G, Chapter 39, during the preceding school year.


(d) The number of students enrolled in consortium participants may not be greater than a number equal to 10 percent of the total number of students enrolled in public schools in this state according to the most recent agency data.


(e) The application process under Subsection (c) must require school districts and open-enrollment charter schools applying to participate in the consortium to submit a detailed plan designed to both support improved instruction of and learning by students and provide evidence of the accurate assessment of the quality of learning on campuses. The plan submitted by a school district may designate the entire district or one or more district campuses as proposed consortium participants. The plan submitted by a district or open-enrollment charter school must include:


(1) a clear description of each assessed curricular goal included in the learning standards adopted in accordance with Subsection (f)(2);


(2) a plan for acquiring resources to support teachers in improving student learning;


(3) a description of any waiver of an applicable prohibition, requirement, or restriction the district or charter school would want to apply for; and


(4) any other provisions required by the commissioner.


(f) In consultation with interested school districts, open-enrollment charter schools, and other appropriate interested persons, the commissioner shall adopt rules applicable to the consortium, according to the following principles for a next generation of higher performing public schools:


(1) engagement of students in digital learning, including engagement through the use of electronic textbooks and instructional materials adopted under Subchapters B and B-1, Chapter 31, and courses offered through the state virtual school network under Subchapter 30A;


(2) emphasis on learning standards that focus on high-priority standards identified in coordination with districts and charter schools participating in the consortium;


(3) use of multiple assessments of learning capable of being used to inform students, parents, districts, and charter schools on an ongoing basis concerning the extent to which learning is occurring and the actions consortium participants are taking to improve learning; and


(4) reliance on local control that enables communities and parents to be involved in the important decisions regarding the education of their children.


(g) The commissioner shall convene consortium leaders periodically to discuss methods to transform learning opportunities for all students, build cross-district and cross-school support systems and training, and share best practices tools and processes.


(h) The commissioner or a school district or open-enrollment charter school participating in the consortium may, for purposes of this section, accept gifts, grants, or donations from any source, including a private entity or governmental entity.


(i) To cover the costs of administering the consortium, the commissioner may charge a fee to a school district or open-enrollment charter school participating in the consortium.


(j) The school districts and open-enrollment charter schools participating in the consortium shall submit reports concerning the performance and progress of the consortium to the governor, the legislature, the State Board of Education, and the commissioner not later than December 1 of each even-numbered year.


Added by Acts 2011, 82nd Leg., R.S., Ch. 666 (S.B. 1557), Sec. 1, eff. June 17, 2011.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 988 (H.B. 18), Sec. 1, eff. June 19, 2015.


Sec. 7.057. APPEALS. (a) Except as provided by Subsection (e), a person may appeal in writing to the commissioner if the person is aggrieved by:


(1) the school laws of this state; or


(2) actions or decisions of any school district board of trustees that violate:


(A) the school laws of this state; or


(B) a provision of a written employment contract between the school district and a school district employee, if a violation causes or would cause monetary harm to the employee.


(a-1) A person is not required to appeal to the commissioner before pursuing a remedy under a law outside of Title 1 or this title to which Title 1 or this title makes reference or with which Title 1 or this title requires compliance.


(b) Except as provided by Subsection (c), the commissioner after due notice to the parties interested shall, not later than the 180th day after the date an appeal under Subsection (a) is filed, hold a hearing and issue a decision without cost to the parties involved. In conducting a hearing under this subsection, the commissioner has the same authority relating to discovery and conduct of a hearing as a hearing examiner has under Subchapter F, Chapter 21. This section does not deprive any party of any legal remedy.


(c) In an appeal against a school district, the commissioner shall, not later than the 240th day after the date the appeal is filed, issue a decision based on a review of the record developed at the district level under a substantial evidence standard of review. The parties to the appeal may agree in writing to extend, by not more than 60 days, the date by which the commissioner must issue a decision under this subsection. A school district's disclosure of the record to the commissioner under this subsection is not an offense under Section 551.146, Government Code.


(d) A person aggrieved by an action of the agency or decision of the commissioner may appeal to a district court in Travis County. An appeal must be made by serving the commissioner with citation issued and served in the manner provided by law for civil suits. The petition must state the action or decision from which the appeal is taken. At trial, the court shall determine all issues of law and fact, except as provided by Section 33.081(g).


(e) This section does not apply to:


(1) a case to which Subchapter G, Chapter 21, applies; or


(2) a student disciplinary action under Chapter 37.


(f) In this section:


(1) "Record" includes, at a minimum, an audible electronic recording or written transcript of all oral testimony or argument.


(2) "School laws of this state" means Title 1 and this title and rules adopted under those titles.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 895, Sec. 1, eff. June 14, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1111 (H.B. 829), Sec. 1, eff. June 19, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 371 (H.B. 2952), Sec. 1, eff. June 14, 2013.


Sec. 7.058. RESEARCH ON MATHEMATICS SKILLS ACQUISITION AND PROGRAM EFFECTIVENESS. From funds appropriated for the purpose, the commissioner shall award to one or more institutions that have demonstrated an ability to conduct science-based research on effective instructional strategies that improve student performance in mathematics a grant to be used to:


(1) develop and identify research on mathematics skills acquisition and student learning in mathematics;


(2) monitor the effectiveness of mathematics achievement academies under Section 21.4553 based on performance in mathematics by the students of teachers who have attended an academy;


(3) examine the effect of mathematics achievement academies on the classroom performance of teachers who have attended an academy;


(4) identify common practices used at high-performing school campuses that lead to improved student performance in mathematics; and


(5) develop research on cognitive development in children concerning mathematics skills development.


Added by Acts 2001, 77th Leg., ch. 834, Sec. 3, eff. Sept. 1, 2001.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 1, eff. June 18, 2021.


Sec. 7.059. MATHEMATICS HOMEWORK AND GRADING SERVICE. (a) From funds appropriated for the purpose, the commissioner shall help make available services that assist teachers in providing and grading mathematics homework assignments. The services may also assist teachers in providing and grading student examinations.


(b) In helping make the services described by Subsection (a) available, the commissioner shall consider all methods available through advanced technology, especially methods using the Internet, to distribute mathematics homework assignments and to provide immediate assessment of a student's work on the assignment.


(c) Each homework assignment offered through the service:


(1) must be created with consideration for the underlying mathematical skills required to be taught at the grade level for which the assignment is designed;


(2) may be based on a step-by-step procedure for solving mathematical problems provided by the assignment that may be adapted to individual student and instructor needs;


(3) may be accompanied by a solution to each mathematical problem assigned;


(4) may be accompanied by other pedagogically valuable material appropriate for a particular student; and


(5) to the extent possible, should correlate to an instructional program or programs being used in classrooms in this state.


Added by Acts 2001, 77th Leg., ch. 834, Sec. 3, eff. Sept. 1, 2001.


Sec. 7.060. REDUCING PAPERWORK. (a) At least once each even-numbered year, the commissioner shall review and, to the greatest extent practicable, reduce written reports and other paperwork required of a school district by the agency.


(a-1) The review conducted under Subsection (a) must include a comparison of the reports and paperwork required by state law and the reports and paperwork required by federal law. The commissioner shall eliminate any reports or paperwork required by state law that duplicate the content of reports or paperwork also required by federal law.


(b) The commissioner shall adopt a policy that limits written reports and other paperwork that a principal or classroom teacher may be required by the agency to complete.


(c) Notwithstanding any other law, a school district shall submit only in electronic format all reports required to be submitted to the agency under this code. The agency shall prescribe the electronic format to be used by a school district submitting a report to the agency.


Added by Acts 2005, 79th Leg., Ch. 723 (S.B. 493), Sec. 1, eff. June 17, 2005.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 668 (S.B. 1618), Sec. 1, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 1042 (H.B. 1706), Sec. 1, eff. June 19, 2015.


Sec. 7.061. FACILITIES STANDARDS. (a) In this section, "instructional facility" has the meaning assigned by Section 46.001.


(b) The commissioner shall adopt or amend rules as necessary to ensure that building standards for instructional facilities and other school district and open-enrollment charter school facilities provide a secure and safe environment. In adopting or amending rules under this section, the commissioner shall include the use of best practices for:


(1) the design and construction of new facilities; and


(2) the improvement, renovation, and retrofitting of existing facilities.


(c) Not later than September 1 of each even-numbered year, the commissioner shall review all rules adopted or amended under this section and amend the rules as necessary to ensure that building standards for school district and open-enrollment charter school facilities continue to provide a secure and safe environment.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 1, eff. June 6, 2019.


Sec. 7.062. SCIENCE LABORATORY GRANT PROGRAM. (a) In this section, "wealth per student" means a school district's taxable value of property as determined under Subchapter M, Chapter 403, Government Code, or, if applicable, Section 48.258, divided by the district's average daily attendance as determined under Section 48.005.


(b) The commissioner shall establish a program to provide competitive grants to school districts for the purpose of constructing or renovating high school science laboratories.


(c) Except as otherwise provided by this subsection, if the commissioner certifies that the amount appropriated for a state fiscal year for purposes of Subchapters A and B, Chapter 46, exceeds the amount to which school districts are entitled under those subchapters for that year, the commissioner shall use the excess funds, in an amount not to exceed $20 million in any state fiscal year, for the purpose of making grants under this section. The use of excess funds under this subsection has priority over any provision of Chapter 48 that permits or directs the use of excess foundation school program funds, including Sections 48.258, 48.259, and 48.267. The commissioner is required to use excess funds as provided by this subsection only if the commissioner is not required to reduce the total amount of state funds allocated to school districts under Section 48.266(f).


(d) The commissioner shall adopt rules necessary to implement the program, including rules addressing eligibility, application procedures, and accountability for use of grant funds.


(e) The rules must:


(1) limit the amount of assistance provided through a grant to not more than:


(A) for a construction project, $200 per square foot of the science laboratory to be constructed; or


(B) for a renovation project, $100 per square foot of the science laboratory to be renovated;


(2) require a school district to demonstrate, as a condition of eligibility for a grant, that the existing district science laboratories are insufficient in number to comply with the curriculum requirements imposed for the distinguished level of achievement under the foundation high school program under Section 28.025; and


(3) provide for ranking school districts that apply for grants on the basis of wealth per student and giving priority in the award of grants to districts with low wealth per student.


Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 3, eff. June 15, 2007.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 2(a), eff. June 10, 2013.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.002, eff. September 1, 2019.


Sec. 7.063. PERSON FIRST RESPECTFUL LANGUAGE PROMOTION. The commissioner shall ensure that the agency uses the terms and phrases listed as preferred under the person first respectful language initiative in Chapter 392, Government Code, when proposing, adopting, or amending the agency's rules, reference materials, publications, and electronic media.


Added by Acts 2011, 82nd Leg., R.S., Ch. 272 (H.B. 1481), Sec. 4, eff. September 1, 2011.


Sec. 7.064. CAREER AND TECHNOLOGY CONSORTIUM. (a) The commissioner shall investigate available options for the state to join a consortium of states for the purpose of developing sequences of academically rigorous career and technology courses in career areas that are high-demand, high-wage career areas in this state.


(b) The curricula for the courses must include the appropriate essential knowledge and skills adopted under Subchapter A, Chapter 28.


(c) If the commissioner determines that joining a consortium of states for this purpose would be beneficial for the educational and career success of students in the state, the commissioner may join the consortium on behalf of the state.


Added by Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 3, eff. June 10, 2013.


Sec. 7.065. TEACHING AND LEARNING CONDITIONS SURVEY. (a) The commissioner shall develop an online survey to be administered statewide at least biennially to superintendents, principals, supervisors, classroom teachers, counselors, and other appropriate full-time professional employees who are required to hold a certificate issued under Subchapter B, Chapter 21.


(b) In developing the survey under this section, the commissioner shall ensure that the survey is designed to elicit information relating to the following issues:


(1) teaching and learning conditions as predictors of student achievement and growth;


(2) the relationship between teaching and learning conditions and teacher retention;


(3) the influence of school leadership on teaching and learning conditions, including:


(A) meaningful involvement of teachers in determining professional development needs;


(B) meaningful involvement of teachers in campus decisions and initiatives;


(C) support for teachers in student disciplinary matters; and


(D) limiting required meetings for and noninstructional duties of teachers;


(4) the relationship between teaching and learning conditions and student attendance and graduation;


(5) the appropriate time during the day for collaborative instructional planning;


(6) facilities resources needs; and


(7) other supports needed for educators to be successful in the classroom.


(c) The commissioner shall contract with a third-party entity with appropriate research and evaluation expertise to administer the survey required by this section. The third-party survey administrator shall collect responses and protect the identity of the respondents. The third-party survey administrator shall provide the survey responses to the commissioner or a person designated by the commissioner not later than the 60th day after the date the survey is administered.


(d) After the administration of each survey, the commissioner shall:


(1) make the survey results available to the public; and


(2) provide the survey results to school districts and campuses.


(e) Each school district and campus shall use the survey results:


(1) to review and revise, as appropriate, district-level or campus-level improvement plans in the manner provided under Subchapter F, Chapter 11; and


(2) for other purposes, as appropriate to enhance the district and campus learning environment.


(f) The commissioner shall use the survey results to develop, review, and revise:


(1) agency professional development offerings;


(2) agency initiatives aimed at teacher retention; and


(3) standards for principals and superintendents.


(g) The commissioner shall carry out duties under this section, including contracting for the administration of the survey, using only available funds and resources from public and private sources.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1282 (H.B. 2012), Sec. 2, eff. September 1, 2013.


Redesignated from Education Code, Section 7.064 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(7), eff. September 1, 2015.


Sec. 7.070. COORDINATION OF DATA COLLECTION. The commissioner may enter into agreements with appropriate entities as necessary to provide for the collection of data regarding college, career, and military readiness of public school students, including data maintained by:


(1) governmental agencies of the United States, this state, or another state;


(2) political subdivisions of this state or another state;


(3) public or private institutions of higher education; and


(4) relevant private organizations.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.002, eff. June 12, 2019.


SUBCHAPTER D. STATE BOARD OF EDUCATION



Sec. 7.101. COMPOSITION. (a) The State Board of Education is composed of 15 members elected from districts.


(b) Members of the board are elected at biennial general elections held in compliance with the Election Code.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 72 (H.B. 600), Sec. 3(a), eff. August 29, 2011.


Sec. 7.102. STATE BOARD OF EDUCATION POWERS AND DUTIES. (a) The board may perform only those duties relating to school districts or regional education service centers assigned to the board by the constitution of this state or by this subchapter or another provision of this code.


(b) The board has the powers and duties provided by Subsection (c), which shall be carried out with the advice and assistance of the commissioner.


(c)(1) The board shall develop and update a long-range plan for public education.


(2) The board may enter into contracts relating to or accept grants for the improvement of educational programs specifically authorized by statute.


(3) The board may accept a gift, donation, or other contribution on behalf of the public school system or agency and, unless otherwise specified by the donor, may use the contribution in the manner the board determines.


(4) The board shall establish curriculum and graduation requirements.


(5) Repealed by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(1), eff. September 1, 2019.


(6) The board may create special-purpose school districts under Chapter 11.


(7) The board shall provide for a training course for school district trustees under Section 11.159.


(8) The board shall adopt a procedure to be used for placing on probation or revoking a home-rule school district charter as required by Subchapter B, Chapter 12, and may place on probation or revoke a home-rule school district charter as provided by that subchapter.


(9) Repealed by Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 4.01(a)(1), eff. June 4, 2019.


(10) The board shall adopt rules establishing criteria for certifying hearing examiners as provided by Section 21.252.


(11) The board shall adopt rules to carry out the curriculum required or authorized under Section 28.002.


(12) The board shall establish guidelines for credit by examination under Section 28.023.


(13) The board shall adopt transcript forms and standards for differentiating high school programs for purposes of reporting academic achievement under Section 28.025.


(14) The board shall adopt guidelines for determining financial need for purposes of the Texas Advanced Placement Incentive Program under Subchapter C, Chapter 28, and may approve payments as provided by that subchapter.


(15) The board shall adopt criteria for identifying gifted and talented students and shall develop and update a state plan for the education of gifted and talented students as required under Subchapter D, Chapter 29.


(16) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 73, Sec. 2.06(a)(1), eff. September 1, 2013.


(17) The board shall adopt rules relating to community education development projects as required under Section 29.257.


(18) The board may approve the plan to be developed and implemented by the commissioner for the coordination of services to children with disabilities as required under Section 30.001.


(19) The board shall establish a date by which each school district and state institution shall provide to the commissioner the necessary information to determine the district's share of the cost of the education of a student enrolled in the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf as required under Section 30.003 and may adopt other rules concerning funding of the education of students enrolled in the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf as authorized under Section 30.003.


(20) The board shall adopt rules prescribing the form and content of information school districts are required to provide concerning programs offered by state institutions as required under Section 30.004.


(21) The board shall adopt rules concerning admission of students to the Texas School for the Deaf as required under Section 30.057.


(22) The board shall carry out powers and duties related to regional day school programs for the deaf as provided under Subchapter D, Chapter 30.


(23) The board shall adopt and purchase or license instructional materials as provided by Chapter 31 and adopt rules required by that chapter.


(24) The board shall develop and update a long-range plan concerning technology in the public school system as required under Section 32.001 and shall adopt rules and policies concerning technology in public schools as provided by Chapter 32.


(25) The board shall conduct feasibility studies related to the telecommunications capabilities of school districts and regional education service centers as provided by Section 32.033.


(26) The board shall appoint a board of directors of the center for educational technology under Section 32.034.


(27) Repealed by Acts 2001, 77th Leg., ch. 1420, Sec. 4.001(b), eff. Sept. 1, 2001.


(28) The board shall approve a program for testing students for dyslexia and related disorders as provided by Section 38.003.


(29) The board shall perform duties in connection with the public school accountability system as prescribed by Chapters 39 and 39A.


(30) The board shall perform duties in connection with the Foundation School Program as prescribed by Chapter 48.


(31) The board may invest the permanent school fund within the limits of the authority granted by Section 5, Article VII, Texas Constitution, and Chapter 43.


(32) The board shall adopt rules concerning school district budgets and audits of school district fiscal accounts as required under Subchapter A, Chapter 44.


(33) The board shall adopt an annual report on the status of the guaranteed bond program and may adopt rules as necessary for the administration of the program as provided under Subchapter C, Chapter 45.


(34) The board shall prescribe uniform bid blanks for school districts to use in selecting a depository bank as required under Section 45.206.


(d) The board may adopt rules relating to school districts or regional education service centers only as required to carry out the specific duties assigned to the board by the constitution or under Subsection (c).


(e) An action of the board to adopt a rule under this section is effective only if the board includes in the rule's preamble a statement of the specific authority under Subsection (c) to adopt the rule.


(f) Except as otherwise provided by this subsection, a rule adopted by the board under this section does not take effect until the beginning of the school year that begins at least 90 days after the date on which the rule was adopted. The rule takes effect earlier if the rule's preamble specifies an earlier effective date and the reason for that earlier date and:


(1) the earlier effective date is a requirement of:


(A) a federal law; or


(B) a state law that specifically refers to this section and expressly requires the adoption of an earlier effective date; or


(2) on the affirmative vote of two-thirds of the members of the board, the board makes a finding that an earlier effective date is necessary.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.01, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 268, Sec. 2, eff. May 26, 1997; Acts 1999, 76th Leg., ch. 1482, Sec. 1, eff. June 19, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 4.001(b), eff. Sept. 1, 2001.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 4, eff. July 19, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 2.06(a)(1), eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(4), eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 4.01(a)(1), eff. June 4, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.003, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(1), eff. September 1, 2019.


Sec. 7.103. ELIGIBILITY FOR MEMBERSHIP. (a) A person is not eligible for election to or service on the board if the person holds an office with this state or any political subdivision of this state.


(b) A person may not be elected from or serve in a district who is not a bona fide resident of the district with one year's continuous residence before election. A person is not eligible for election to or service on the board unless the person is a qualified voter of the district in which the person resides and is at least 26 years of age.


(c) A person who is required to register as a lobbyist under Chapter 305, Government Code, by virtue of the person's activities for compensation in or on behalf of a profession, business, or association related to the operation of the board, may not serve as a member of the board or act as the general counsel to the board.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 7.104. TERMS. (a) At each general election immediately following a decennial reapportionment of districts, one member shall be elected to the board from each district. Except as provided by Subsection (b), members of the board serve staggered terms of four years with the terms of eight members expiring on January 1 of one odd-numbered year and the terms of seven members expiring on January 1 of the next odd-numbered year.


(b) Seven members of the board elected at each general election following a decennial reapportionment of districts shall serve two-year terms and eight members shall serve four-year terms. Members shall draw lots to determine who serves which terms.


(c) If a position on the board becomes vacant, the governor shall fill the vacancy as soon as possible by appointing a qualified person from the affected district with the advice and consent of the senate.


(d) A vacancy that occurs at a time when it is impossible to place the name of a candidate for the unexpired term on the general election ballot is filled by appointment, as prescribed by Subsection (c).


(e) An appointment to a vacancy on the board shall be made without regard to the race, creed, sex, religion, or national origin of the appointed member.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 7.105. COMPENSATION AND REIMBURSEMENT. (a) A member of the board is not entitled to receive compensation.


(b) A member of the board is entitled to reimbursement of the member's expenses as provided by law.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 7.106. MEETINGS. (a) The board shall hold four meetings a year in Austin, Texas, on dates determined by the chair and may hold other meetings as may be called by the chair.


(b) In a manner that complies with Section 551.128, Government Code, the agency shall broadcast over the Internet live video and audio of each open meeting held by the board. Subsequently, the agency shall make available through the agency's Internet website archived video and audio for each meeting for which live video and audio was provided under this subsection.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 169 (H.B. 772), Sec. 1, eff. September 1, 2009.


Sec. 7.107. OFFICERS. (a) The governor, with the advice and consent of the senate, shall appoint the chair from among the membership of the board. The chair serves a term of two years.


(b) At the board's first regular meeting after the election and qualification of new members, the board shall organize, adopt rules of procedure, and elect by separate votes a vice chair and a secretary.


(c) A person who serves two consecutive terms as chair is ineligible to again serve as chair until four years have elapsed since the expiration of the second term.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 7.108. PROHIBITION ON POLITICAL CONTRIBUTION OR ACTIVITY. (a) A person interested in selling bonds of any type or a person engaged in manufacturing, shipping, selling, or advertising instructional materials commits an offense if the person makes or authorizes a political contribution to or takes part in, directly or indirectly, the campaign of any person seeking election to or serving on the board.


(b) An offense under Subsection (a) is a Class B misdemeanor.


(c) In this section:


(1) "Instructional material" has the meaning assigned by Section 31.002.


(2) "Political contribution" has the meaning assigned by Section 251.001, Election Code.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 5, eff. July 19, 2011.


Sec. 7.109. DESIGNATION AS STATE BOARD FOR CAREER AND TECHNOLOGY EDUCATION. (a) The board is also the State Board for Career and Technology Education.


(b) The commissioner is the executive officer through whom the State Board for Career and Technology Education shall carry out its policies and enforce its rules.


(c) The State Board for Career and Technology Education may contract with the Texas Higher Education Coordinating Board or any other state agency to assume the leadership role and administrative responsibility of the State Board for Career and Technology Education for state level administration of technical-vocational education programs in public community colleges, public technical institutes, and other eligible public postsecondary institutions in this state.


(d) The State Board for Career and Technology Education may allocate funds appropriated to the board by the legislature or federal funds received by the board under the Carl D. Perkins Vocational Education Act (20 U.S.C. Section 2301 et seq.) or other federal law to an institution or program approved by the State Board of Education, the Texas Higher Education Coordinating Board, or another state agency specified by law.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 7.110. PUBLIC TESTIMONY. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 7.111. HIGH SCHOOL EQUIVALENCY EXAMINATIONS. (a) The board shall provide for the administration of high school equivalency examinations.


(a-1) A person who does not have a high school diploma may take the examination in accordance with rules adopted by the board if the person is:


(1) over 17 years of age;


(2) 16 years of age or older and:


(A) is enrolled in a Job Corps training program under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.), and its subsequent amendments;


(B) a public agency providing supervision of the person or having custody of the person under a court order recommends that the person take the examination; or


(C) is enrolled in the Texas Military Department's Seaborne ChalleNGe Corps; or


(3) required to take the examination under a court order issued under Section 65.103(a)(3), Family Code.


(b) The board by rule shall establish and require payment of a fee as a condition to the issuance of a high school equivalency certificate and a copy of the scores of the examinations. The fee must be reasonable and designed to cover the administrative costs of issuing the certificate and a copy of the scores. The board may not require a waiting period between the date a person withdraws from school and the date the person takes the examination unless the period relates to the time between administrations of the examination.


(c) The board by rule shall develop and deliver high school equivalency examinations and provide for the administration of the examinations online. The rules must provide a procedure for verifying the identity of the person taking the examination.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 76, Sec. 8, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1282, Sec. 1, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 4.002, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, Sec. 17, eff. Sept. 1, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 818 (S.B. 776), Sec. 1, eff. June 17, 2005.


Acts 2011, 82nd Leg., R.S., Ch. 1078 (S.B. 1094), Sec. 1, eff. June 17, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 339 (H.B. 2058), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 2.01, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 6(a), eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 6(b), eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 5.001(a), eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 5.001(b), eff. September 1, 2015.


Sec. 7.112. REPRESENTATION OF PUBLISHER OF INSTRUCTIONAL MATERIALS BY FORMER MEMBER OF BOARD. (a) A former member of the State Board of Education who is employed by or otherwise receives compensation from a publisher of instructional materials may not, before the second anniversary of the date on which the person last served as a member of the State Board of Education:


(1) confer with a member of the board of trustees of a school district concerning instructional materials published by that publisher; or


(2) appear at a meeting of the board of trustees on behalf of the publisher.


(b) A person who violates Subsection (a) commits an offense. An offense under this section is a Class A misdemeanor.


(c) In this section:


(1) "Compensation" means money, a service, or another thing of value or financial benefit received in return for or in connection with a service provided.


(2) "Instructional material" and "publisher" have the meanings assigned by Section 31.002.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 6, eff. July 19, 2011.


Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 7, eff. July 19, 2011.


Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 8, eff. July 19, 2011.


Sec. 7.113. EMPLOYERS FOR EDUCATION EXCELLENCE AWARD. (a) The board shall create the Employers for Education Excellence Award to honor employers that implement a policy to encourage and support employees who actively participate in activities of schools.


(b) An employer that meets the criteria described by this section may apply for consideration to receive the award.


(c) The board shall establish the following levels of recognition for employers:


(1) bronze for an employer that implements a policy to encourage and support employees who attend parent-teacher conferences;


(2) silver for an employer that:


(A) meets the requirements of bronze; and


(B) implements a policy to encourage and support employees who volunteer in school activities; and


(3) gold for an employer that:


(A) meets the requirements of silver; and


(B) implements a policy to encourage and support employees who participate in student mentoring programs in schools.


(d) The board shall establish criteria to certify businesses to receive the Employers for Education Excellence Award at the appropriate level of recognition. The commissioner shall review the applications submitted by employers under Subsection (b) and make recommendations to the board regarding businesses that should be recognized and the level at which a business should be recognized. The board may approve or modify the commissioner's recommendation.


(e) The board shall honor the recipient of an Employers for Education Excellence Award by presenting the recipient with a suitable certificate that includes the business's level of recognition and other appropriate information.


Added by Acts 2007, 80th Leg., R.S., Ch. 557 (S.B. 1433), Sec. 1, eff. June 16, 2007.

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EDUCATION CODE CHAPTER 7. STATE ORGANIZATION

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EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE B. STATE AND REGIONAL ORGANIZATION AND GOVERNANCE CHAPTER 7. STATE ORGANIZATION SUBCHAPTER A. GENERAL PROVISIONS Sec. 7.001. DEFINITION. In this chapter, "board" means the State Board of Education. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Sec.

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EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE E. STUDENTS AND PARENTS



CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE



SUBCHAPTER A. ADMISSION AND ENROLLMENT



Sec. 25.001. ADMISSION. (a) A person who, on the first day of September of any school year, is at least five years of age and under 21 years of age, or is at least 21 years of age and under 26 years of age and is admitted by a school district to complete the requirements for a high school diploma is entitled to the benefits of the available school fund for that year. Any other person enrolled in a prekindergarten class under Section 29.153 is entitled to the benefits of the available school fund.


(b) The board of trustees of a school district or its designee shall admit into the public schools of the district free of tuition a person who is over five and younger than 21 years of age on the first day of September of the school year in which admission is sought, and may admit a person who is at least 21 years of age and under 26 years of age for the purpose of completing the requirements for a high school diploma, if:


(1) the person and either parent of the person reside in the school district;


(2) the person does not reside in the school district but a parent of the person resides in the school district and that parent is a joint managing conservator or the sole managing conservator or possessory conservator of the person;


(3) the person and the person's guardian or other person having lawful control of the person under a court order reside within the school district;


(4) the person has established a separate residence under Subsection (d);


(5) the person is homeless, regardless of the residence of the person, of either parent of the person, or of the person's guardian or other person having lawful control of the person;


(6) the person is a foreign exchange student placed with a host family that resides in the school district by a nationally recognized foreign exchange program, unless the school district has applied for and been granted a waiver by the commissioner under Subsection (e);


(7) the person resides at a residential facility located in the district;


(8) the person resides in the school district and is 18 years of age or older or the person's disabilities of minority have been removed;


(9) the person does not reside in the school district but the grandparent of the person:


(A) resides in the school district; and


(B) provides a substantial amount of after-school care for the person as determined by the board; or


(10) the person and either parent of the person reside in a residence homestead, as defined by Section 11.13(j), Tax Code, that is located on a parcel of property any part of which is located in the school district.


(b-1) A person who is 21 years of age or older and is admitted by a school district for the purpose stated in Subsection (b) is not eligible for placement in a disciplinary alternative education program or a juvenile justice alternative education program if the person engages in conduct that would require or authorize such placement for a student under the age of 21. If the student engages in conduct that would otherwise require such placement, the district shall revoke admission of the student into the public schools of the district.


(b-2) A person who is 21 years of age or older who is admitted by a school district to complete the requirements for a high school diploma and who has not attended school in the three preceding school years may not be placed with a student who is 18 years of age or younger in a classroom setting, a cafeteria, or another district-sanctioned school activity. Nothing in this subsection prevents a student described by this subsection from attending a school-sponsored event that is open to the public as a member of the public.


(c) The board of trustees of a school district or the board's designee may require evidence that a person is eligible to attend the public schools of the district at the time the board or its designee considers an application for admission of the person. The board of trustees or its designee shall establish minimum proof of residency acceptable to the district. The board of trustees or its designee may make reasonable inquiries to verify a person's eligibility for admission.


(c-1) A person whose parent or guardian is an active-duty member of the armed forces of the United States, including the state military forces or a reserve component of the armed forces, may establish residency for purposes of Subsection (b) by providing to the school district a copy of a military order requiring the parent's or guardian's transfer to a military installation in or adjacent to the district's attendance zone.


(c-2) A person who establishes residency as provided by Subsection (c-1) shall provide to the school district proof of residence in the district's attendance zone not later than the 10th day after the arrival date specified in the order described by that subsection. For purposes of this subsection, "residence" includes residence in a military temporary lodging facility.


(d) For a person under the age of 18 years to establish a residence for the purpose of attending the public schools separate and apart from the person's parent, guardian, or other person having lawful control of the person under a court order, it must be established that the person's presence in the school district is not for the primary purpose of participation in extracurricular activities. The board of trustees shall determine whether an applicant for admission is a resident of the school district for purposes of attending the public schools and may adopt reasonable guidelines for making a determination as necessary to protect the best interests of students. The board of trustees is not required to admit a person under this subsection if the person:


(1) has engaged in conduct or misbehavior within the preceding year that has resulted in:


(A) removal to a disciplinary alternative education program; or


(B) expulsion;


(2) has engaged in delinquent conduct or conduct in need of supervision and is on probation or other conditional release for that conduct; or


(3) has been convicted of a criminal offense and is on probation or other conditional release.


(e) A school district may request that the commissioner waive the requirement that the district admit a foreign exchange student who meets the conditions of Subsection (b)(6). The commissioner shall respond to a district's request not later than the 60th day after the date of receipt of the request. The commissioner shall grant the request and issue a waiver effective for a period not to exceed three years if the commissioner determines that admission of a foreign exchange student would:


(1) create a financial or staffing hardship for the district;


(2) diminish the district's ability to provide high quality educational services for the district's domestic students; or


(3) require domestic students to compete with foreign exchange students for educational resources.


(f) A child placed in foster care by an agency of the state or by a political subdivision shall be permitted to attend the public schools in the district in which the foster parents reside free of any charge to the foster parents or the agency. A durational residence requirement may not be used to prohibit that child from fully participating in any activity sponsored by the school district.


(g) A student who was enrolled in a primary or secondary public school before the student entered the conservatorship of the Department of Family and Protective Services and who is placed at a residence outside the attendance area for the school or outside the school district is entitled to continue to attend the school in which the student was enrolled immediately before entering conservatorship until the student successfully completes the highest grade level offered by the school at the time of placement without payment of tuition. The student is entitled to continue to attend the school regardless of whether the student remains in the conservatorship of the department for the duration of the student's enrollment in the school.


(g-1) If a student who is in the conservatorship of the department is enrolled in a primary or secondary public school, other than the school in which the student was enrolled at the time the student was placed in the conservatorship of the department, the student is entitled to continue to attend that school without payment of tuition until the student successfully completes the highest grade level offered by the school at the time of enrollment in the school, even if the child's placement is changed to a residence outside the attendance area for that school or outside the school district. The student is entitled to continue to attend the school regardless of whether the student remains in the conservatorship of the department for the duration of the student's enrollment in the school.


(h) In addition to the penalty provided by Section 37.10, Penal Code, a person who knowingly falsifies information on a form required for enrollment of a student in a school district is liable to the district if the student is not eligible for enrollment in the district but is enrolled on the basis of the false information. The person is liable, for the period during which the ineligible student is enrolled, for the greater of:


(1) the maximum tuition fee the district may charge under Section 25.038; or


(2) the amount the district has budgeted for each student as maintenance and operating expenses.


(i) A school district may include on an enrollment form notice of the penalties provided by Section 37.10, Penal Code, and of the liability provided by Subsection (h) for falsifying information on the form.


(j) For the purposes of this subchapter, the board of trustees of a school district by policy may allow a person showing evidence of legal responsibility for a child other than an order of a court to substitute for a guardian or other person having lawful control of the child under an order of a court.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1019, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.08, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1055, Sec. 2, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 164 (H.B. 25), Sec. 2, eff. May 27, 2005.


Acts 2005, 79th Leg., Ch. 920 (H.B. 283), Sec. 1, eff. June 18, 2005.


Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 1, eff. June 15, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 4.002, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 9, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 3, eff. May 28, 2015.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 1, eff. September 1, 2015.


Acts 2019, 86th Leg., R.S., Ch. 262 (H.B. 1597), Sec. 1, eff. May 28, 2019.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.03, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 823 (H.B. 2526), Sec. 1, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.016, eff. September 1, 2019.


Sec. 25.0011. CERTAIN INCARCERATED CHILDREN. (a) For purposes of Section 25.001, a person is not considered to reside in a school district if:


(1) the person is incarcerated in a private juvenile detention facility in the district as a result of the order of a court in another state; and


(2) the person resided in another state or country immediately before incarceration in the facility.


(b) A school district may provide educational services to a person described by Subsection (a) if the district is fully compensated for the cost of the services through payment of tuition for the person by the operator of the juvenile detention facility or other person having lawful control of the person in an amount equal to the actual cost of educating the person.


(c) For purposes of this section, "private juvenile detention facility" means a juvenile detention facility that is not operated by a governmental entity.


Added by Acts 1999, 76th Leg., ch. 1477, Sec. 30, eff. Sept. 1, 1999.


Sec. 25.002. REQUIREMENTS FOR ENROLLMENT. (a) If a parent or other person with legal control of a child under a court order enrolls the child in a public school, the parent or other person or the school district in which the child most recently attended school shall furnish to the school district:


(1) the child's birth certificate or another document suitable as proof of the child's identity;


(2) a copy of the child's records from the school the child most recently attended if the child has been previously enrolled in a school in this state or another state; and


(3) a record showing that the child has the immunizations as required under Section 38.001, in the case of a child required under that section to be immunized, proof as required by that section showing that the child is not required to be immunized, or proof that the child is entitled to provisional admission under that section and under rules adopted under that section.


(a-1) Information a school district furnishes under Subsections (a)(1) and (2) must be furnished by the district not later than the 10th working day after the date a request for the information is received by the district. Information a parent or other person with legal control of a child under a court order furnishes under Subsections (a)(1) and (2) must be furnished by the parent or other person not later than the 30th day after the date a child is enrolled in a public school. If a parent or other person with legal control of a child under a court order requests that a district transfer a child's student records, the district to which the request is made shall notify the parent or other person as soon as practicable that the parent or other person may request and receive an unofficial copy of the records for delivery in person to a school in another district.


(b) If a child is enrolled under a name other than the child's name as it appears in the identifying document or records, the school district shall notify the missing children and missing persons information clearinghouse of the child's name as shown on the identifying document or records and the name under which the child is enrolled. The information in the notice is confidential and may be released only to a law enforcement agency.


(c) If the information required by Subsection (a) is not furnished to the district within the period provided by that subsection, the district shall notify the police department of the municipality or sheriff's department of the county in which the district is located and request a determination of whether the child has been reported as missing.


(d) When accepting a child for enrollment, the school district shall inform the parent or other person enrolling the child that presenting a false document or false records under this section is an offense under Section 37.10, Penal Code, and that enrollment of the child under false documents subjects the person to liability for tuition or costs under Section 25.001(h).


(e) A person commits an offense if the person enrolls a child in a public school and fails to furnish an identifying document or record relating to the child on the request of a law enforcement agency conducting an investigation in response to a notification under Subsection (c). An offense under this subsection is a Class B misdemeanor.


(f) Except as otherwise provided by this subsection, for a child to be enrolled in a public school, the child must be enrolled by the child's parent or by the child's guardian or other person with legal control of the child under a court order. A school district shall record the name, address, and date of birth of the person enrolling a child.


(g) A school district shall accept a child for enrollment in a public school without the documentation required by Subsection (a) if the Department of Protective and Regulatory Services has taken possession of the child under Chapter 262, Family Code. The Department of Protective and Regulatory Services shall ensure that the documentation required by Subsection (a) is furnished to the school district not later than the 30th day after the date the child is enrolled in the school.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 34, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1514, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 234, Sec. 2, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 164 (H.B. 25), Sec. 3, eff. May 27, 2005.


Sec. 25.0021. USE OF LEGAL SURNAME. In each public school a student must be identified by the student's legal surname as that name appears:


(1) on the student's birth certificate or other document suitable as proof of the student's identity; or


(2) in a court order changing the student's name.


Added by Acts 2001, 77th Leg., ch. 1300, Sec. 1, eff. Sept. 1, 2001.


Sec. 25.0022. FOOD ALLERGY INFORMATION REQUESTED UPON ENROLLMENT. (a) In this section, "severe food allergy" means a dangerous or life-threatening reaction of the human body to a food-borne allergen introduced by inhalation, ingestion, or skin contact that requires immediate medical attention.


(b) On enrollment of a child in a public school, a school district shall request, by providing a form or otherwise, that a parent or other person with legal control of the child under a court order:


(1) disclose whether the child has a food allergy or a severe food allergy that, in the judgment of the parent or other person with legal control, should be disclosed to the district to enable the district to take any necessary precautions regarding the child's safety; and


(2) specify the food to which the child is allergic and the nature of the allergic reaction.


(c) A school district shall maintain the confidentiality of information provided under this section, and may disclose the information to teachers, school counselors, school nurses, and other appropriate school personnel only to the extent consistent with district policy under Section 38.009 and permissible under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).


(d) Except as provided by Subsections (e) and (f), information regarding a child's food allergy, regardless of how it is received by the school or school district, shall be retained in the child's student records but may not be placed in the health record maintained for the child by the school district.


(e) If the school receives documentation of a food allergy from a physician, that documentation shall be placed in the health record maintained for the child by the school district.


(f) A registered nurse may enter appropriate notes about a child's possible food allergy in the health record maintained for the child by the school district, including a notation that the child's student records indicate that a parent has notified the school district of the child's possible food allergy.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1276 (H.B. 742), Sec. 1, eff. June 17, 2011.


Sec. 25.003. TUITION FOR CERTAIN CHILDREN FROM OTHER STATES. (a) Notwithstanding any other provision of this code, a school district shall charge tuition for a child who resides at a residential facility and whose maintenance expenses are paid in whole or in part by another state or the United States.


(b) A tuition charge under this section must be submitted to the commissioner for approval.


(c) The attendance of the child is not counted for purposes of allocating state funds to the district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.09, eff. Sept. 1, 1999.


Sec. 25.0031. TUITION FOR STUDENTS HOLDING CERTAIN STUDENT VISAS. (a) Notwithstanding any other provision of this code, if a student is required, as a condition of obtaining or holding the appropriate United States student visa, to pay tuition to the school district or open-enrollment charter school that the student attends to cover the cost of the student's education provided by the district or charter school, the district or charter school shall accept tuition for the student in an amount equal to the full unsubsidized per capita cost of providing the student's education for the period of the student's attendance at school in the district or at the charter school.


(b) The commissioner shall, for purposes of Subsection (a), develop guidelines for determining the amount of the full unsubsidized per capita cost of providing a student's education. A school district or open-enrollment charter school may not accept tuition in an amount greater than the amount computed under the commissioner's guidelines unless the commissioner approves a greater amount as a more accurate reflection of the cost of education to be provided by the district or charter school.


(c) Notwithstanding any other provision of this code, the attendance of a student for whom a school district or open-enrollment charter school accepts tuition under this section is not counted for purposes of allocating state funds to the district or charter school.


Added by Acts 2013, 83rd Leg., R.S., Ch. 523 (S.B. 453), Sec. 1, eff. June 14, 2013.


Sec. 25.004. TUITION FOR CERTAIN MILITARY DEPENDENTS PROHIBITED. A school district may not charge tuition for the attendance of a student who is domiciled in another state and resides in military housing that is located in the district but is exempt from taxation by the district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 526, Sec. 1, eff. Sept. 11, 2001.


Sec. 25.005. RECIPROCITY AGREEMENTS REGARDING MILITARY PERSONNEL AND DEPENDENTS. (a) To facilitate the transfer of military personnel and their dependents to and from the public schools of this state, the agency shall pursue reciprocity agreements governing the terms of those transfers with other states that are not parties to the Interstate Compact on Educational Opportunity for Military Children adopted under Chapter 162.


(b) A reciprocity agreement must:


(1) address procedures for:


(A) transferring student records;


(B) awarding credit for completed course work; and


(C) permitting a student to satisfy the requirements of Section 39.025 through successful performance on comparable end-of-course or other exit-level assessment instruments administered in another state; and


(2) include appropriate criteria developed by the agency.


Added by Acts 2001, 77th Leg., ch. 1073, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 149, Sec. 24, eff. May 27, 2003; Acts 2003, 78th Leg., ch. 445, Sec. 1, eff. June 20, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 3, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 8 (S.B. 90), Sec. 2, eff. May 5, 2009.


Sec. 25.006. TRANSITION ASSISTANCE FOR MILITARY DEPENDENTS. (a) The legislature finds that:


(1) school-age dependents of military personnel are faced with numerous transitions during their formative years; and


(2) military dependents who move from one school to another during the high school years are faced with special challenges to learning and future achievement.


(b) In recognition of the challenges faced by military dependents and the importance of military families to our community and economy, the agency shall assist the transition of military students from one school to another by:


(1) improving the timely transfer of student records;


(2) developing systems to ease student transition during the first two weeks of enrollment at a new school;


(3) promoting practices that foster student access to extracurricular programs;


(4) establishing procedures to lessen the adverse impact of student moves to a new school after the end of the student's junior year of high school;


(5) encouraging or maintaining partnerships between military bases and affected school districts;


(6) encouraging school districts to provide services for military students in transition when applying for admission to postsecondary study and when seeking sources of funding for postsecondary study; and


(7) providing other assistance as identified by the agency.


(c) The agency shall collect data each year from school districts and open-enrollment charter schools through the Public Education Information Management System (PEIMS) relating to the enrollment of military-connected students. The data relating to the enrollment of military-connected students under this section:


(1) must include the number of active duty military-connected students and the number of National Guard or reserve military-connected students enrolled in the school district or open-enrollment charter school on a date at the beginning of the school year specified by the agency and a date at the end of the school year specified by the agency; and


(2) may not be used for purposes of determining a campus or district performance rating under Section 39.054.


(d) In this section, "military-connected student" means a student enrolled in a school district or open-enrollment charter school who:


(1) is a dependent of a current or former member of:


(A) the United States military;


(B) the Texas National Guard; or


(C) a reserve force of the United States military; or


(2) was a dependent of a member of a military or reserve force described by Subdivision (1) who was killed in the line of duty.


Added by Acts 2005, 79th Leg., Ch. 164 (H.B. 25), Sec. 1, eff. May 27, 2005.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 173 (H.B. 525), Sec. 1, eff. May 25, 2013.


Acts 2019, 86th Leg., R.S., Ch. 269 (S.B. 1557), Sec. 1, eff. May 28, 2019.


Sec. 25.007. TRANSITION ASSISTANCE FOR STUDENTS WHO ARE HOMELESS OR IN SUBSTITUTE CARE. (a) The legislature finds that:


(1) students who are homeless or in substitute care are faced with numerous transitions during their formative years; and


(2) students who are homeless or in substitute care who move from one school to another are faced with special challenges to learning and future achievement.


(a-1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 3.01(2), eff. June 10, 2019.


(b) In recognition of the challenges faced by students who are homeless or in substitute care, the agency shall assist the transition of students who are homeless or in substitute care from one school to another by:


(1) ensuring that school records for a student who is homeless or in substitute care are transferred to the student's new school not later than the 10th working day after the date the student begins enrollment at the school;


(2) developing systems to ease transition of a student who is homeless or in substitute care during the first two weeks of enrollment at a new school;


(3) developing procedures for awarding credit, including partial credit if appropriate, for course work, including electives, completed by a student who is homeless or in substitute care while enrolled at another school;


(4) developing procedures to ensure that a new school relies on decisions made by the previous school regarding placement in courses or educational programs of a student who is homeless or in substitute care and places the student in comparable courses or educational programs at the new school, if those courses or programs are available;


(5) promoting practices that facilitate access by a student who is homeless or in substitute care to extracurricular programs, summer programs, credit transfer services, electronic courses provided under Chapter 30A, and after-school tutoring programs at nominal or no cost;


(6) establishing procedures to lessen the adverse impact of the movement of a student who is homeless or in substitute care to a new school;


(7) entering into a memorandum of understanding with the Department of Family and Protective Services regarding the exchange of information as appropriate to facilitate the transition of students in substitute care from one school to another;


(8) encouraging school districts and open-enrollment charter schools to provide services for a student who is homeless or in substitute care in transition when applying for admission to postsecondary study and when seeking sources of funding for postsecondary study;


(9) requiring school districts, campuses, and open-enrollment charter schools to accept a referral for special education services made for a student who is homeless or in substitute care by a school previously attended by the student, and to provide comparable services to the student during the referral process or until the new school develops an individualized education program for the student;


(10) requiring school districts, campuses, and open-enrollment charter schools to provide notice to the child's educational decision-maker and caseworker regarding events that may significantly impact the education of a child, including:


(A) requests or referrals for an evaluation under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or special education under Section 29.003;


(B) admission, review, and dismissal committee meetings;


(C) manifestation determination reviews required by Section 37.004(b);


(D) any disciplinary actions under Chapter 37 for which parental notice is required;


(E) citations issued for Class C misdemeanor offenses on school property or at school-sponsored activities;


(F) reports of restraint and seclusion required by Section 37.0021;


(G) use of corporal punishment as provided by Section 37.0011; and


(H) appointment of a surrogate parent for the child under Section 29.0151;


(11) developing procedures for allowing a student who is homeless or in substitute care who was previously enrolled in a course required for graduation the opportunity, to the extent practicable, to complete the course, at no cost to the student, before the beginning of the next school year;


(12) ensuring that a student who is homeless or in substitute care who is 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, has the student's course credit accrual and personal graduation plan reviewed;


(13) ensuring that a student in substitute care who is in grade 11 or 12 be provided information regarding tuition and fee exemptions under Section 54.366 for dual-credit or other courses provided by a public institution of higher education for which a high school student may earn joint high school and college credit;


(14) designating at least one agency employee to act as a liaison officer regarding educational issues related to students in the conservatorship of the Department of Family and Protective Services; and


(15) providing other assistance as identified by the agency.


(c) The commissioner may establish rules to implement this section and to facilitate the transition between schools of children who are homeless or in substitute care.


Added by Acts 2009, 81st Leg., R.S., Ch. 850 (S.B. 2248), Sec. 1, eff. June 19, 2009.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 10, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1354 (S.B. 1404), Sec. 1, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 746 (H.B. 1804), Sec. 1, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 822 (H.B. 3748), Sec. 1, eff. June 17, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1206 (S.B. 1494), Sec. 1, eff. June 19, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1206 (S.B. 1494), Sec. 2, eff. June 19, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1206 (S.B. 1494), Sec. 3, eff. June 19, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 5.002, eff. September 1, 2015.


Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 419 (S.B. 1220), Sec. 1, eff. June 1, 2017.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 419 (S.B. 1220), Sec. 2, eff. June 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 3.01(2), eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 781 (H.B. 1709), Sec. 1, eff. June 10, 2019.


Sec. 25.008. ENROLLMENT IN SUMMER SCHOOL COURSE BY PERSON NOT ENROLLED IN DISTRICT. (a) Except as provided by Subsection (b), a school district shall permit a person who is eligible under Section 25.001 to attend school in the district but who is not enrolled in school in the district to enroll in a district summer school course on the same basis as a district student, including:


(1) satisfaction of any course eligibility requirement; and


(2) payment of any fee authorized under Section 11.158 that is charged in connection with the course.


(b) Subsection (a) does not apply to enrollment in a program under Section 29.088 or 29.090 or in a similar intensive program.


Added by Acts 2013, 83rd Leg., R.S., Ch. 344 (H.B. 2137), Sec. 1, eff. June 14, 2013.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.017, eff. September 1, 2019.


SUBCHAPTER B. ASSIGNMENTS AND TRANSFERS



Sec. 25.031. ASSIGNMENTS AND TRANSFERS IN DISCRETION OF GOVERNING BOARD. In conformity with this subchapter, the board of trustees of a school district or the board of county school trustees or a school employee designated by the board may assign and transfer any student from one school facility or classroom to another within its jurisdiction.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.032. BASIS FOR ASSIGNMENT OR TRANSFER. The board of trustees of a school district, the board of county school trustees, or the person acting for the board must make the decision concerning the assignment or transfer of a student on an individual basis and may not consider as a factor in its decision any matter relating to the national origin of the student or the student's ancestral language.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.033. ASSIGNMENT OR TRANSFER ON PETITION OF PARENT. The parent or person standing in parental relation to any student may by petition in writing either:


(1) request the assignment or transfer of the student to a designated school or to a school to be designated by the board; or


(2) file objections to the assignment of the student to the school to which the student has been assigned.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.034. HEARING; ACTION ON PETITION; APPEAL. (a) On receiving a petition under Section 25.033, the board of trustees of the school district or the board of county school trustees shall:


(1) if a hearing is not requested, act on the petition not later than the 30th day after the date the petition is submitted and notify the petitioner of the board's conclusion; or


(2) if a hearing is requested, designate a time and place for holding a hearing not later than the 30th day after the date the petition is submitted.


(b) If a hearing is requested, it shall be conducted by the board in compliance with this section.


(c) The petitioner may present evidence relevant to the individual student.


(d) The board may conduct investigations as to the objection or request, examine any student involved, and employ agents, professional or otherwise, for the purpose of examinations and investigations.


(e) The board must grant the request made in the petition unless the board determines that there is a reasonable basis for denying the request. The decision of the board, either with or without hearing, is final unless the student, or the parent, guardian, or custodian of the student as next friend, files exception to the decision of the board as constituting a denial of any right of the student guaranteed under the United States Constitution.


(f) If an exception is filed under Subsection (e), the board may reconsider its decision. If the board has not ruled on the exception before the 16th day after the date of the filing, the exception is considered overruled. If the exception is overruled, an appeal of the board's decision may be filed in the district court of the county in which the board is located. The petition must:


(1) be filed not later than the 30th day after the date of the board's final decision; and


(2) state the facts relevant to the student that relate to the alleged denial of the student's rights under the United States Constitution.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.0341. TRANSFER OF STUDENTS INVOLVED IN SEXUAL ASSAULT. (a) This section applies only to:


(1) a student:


(B) who has been adjudicated under Section 54.03, Family Code, as having engaged in conduct described by Paragraph (A);


(C) whose prosecution under Section 53.03, Family Code, for engaging in conduct described by Paragraph (A) has been deferred; or


(D) who has been placed on probation under Section 54.04(d)(1), Family Code, for engaging in conduct described by Paragraph (A); and


(2) a student who is the victim of conduct described by Subdivision (1)(A).


(b) On the request of a parent or other person with authority to act on behalf of a student who is a victim to whom Subsection (a)(2) applies:


(1) the board of trustees of the school district shall transfer the student to:


(A) a district campus other than:


(i) the campus to which the student was assigned at the time the conduct occurred; or


(ii) the campus to which the student who engaged in the conduct is assigned, if the student who engaged in the conduct has been assigned to a different campus since the conduct occurred; or


(B) a neighboring school district, if there is only one campus in the district serving the grade level in which the student is enrolled; or


(2) if the student does not wish to transfer to another campus or district, the board of trustees shall transfer the student who engaged in the conduct to:


(A) a district campus other than the campus to which the student who is the victim of the conduct is assigned; or


(B) the district's disciplinary alternative education program or juvenile justice alternative education program, if there is only one campus in the district serving the grade level in which the student who engaged in the conduct is enrolled.


(c) A transfer under Subsection (b)(1) must be to a campus or school district, as applicable, agreeable to the parent or other person with authority to act on the student's behalf.


(d) To the extent permitted under federal law, a school district shall notify the parent or other person with authority to act on behalf of a student who is a victim to whom Subsection (a)(2) applies of the campus or program to which the student who engaged in conduct described by Subsection (a)(1)(A) is assigned.


(e) This section applies regardless of whether the conduct occurred on or off of school property.


(f) Section 25.034 does not apply to a transfer under this section.


(g) A school district is not required to provide transportation to a student who transfers to another campus or school district under this section.


Added by Acts 2005, 79th Leg., Ch. 997 (H.B. 308), Sec. 1, eff. June 18, 2005.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.25, eff. September 1, 2007.


Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.15, eff. September 1, 2021.


Sec. 25.0342. TRANSFER OF STUDENTS WHO ARE VICTIMS OF OR HAVE ENGAGED IN BULLYING.


(a) In this section, "bullying" has the meaning assigned by Section 37.0832.


(b) On the request of a parent or other person with authority to act on behalf of a student who is a victim of bullying, the board of trustees of a school district or the board's designee shall transfer the victim to:


(1) another classroom at the campus to which the victim was assigned at the time the bullying occurred; or


(2) a campus in the school district other than the campus to which the victim was assigned at the time the bullying occurred.


(b-1) The board of trustees of a school district may transfer the student who engaged in bullying to:


(1) another classroom at the campus to which the victim was assigned at the time the bullying occurred; or


(2) a campus in the district other than the campus to which the victim was assigned at the time the bullying occurred, in consultation with a parent or other person with authority to act on behalf of the student who engaged in bullying.


(b-2) Section 37.004 applies to a transfer under Subsection (b-1) of a student with a disability who receives special education services.


(c) The board of trustees or the board's designee shall verify that a student has been a victim of bullying before transferring the student under this section.


(d) The board of trustees or the board's designee may consider past student behavior when identifying a bully.


(e) The determination by the board of trustees or the board's designee is final and may not be appealed.


(f) A school district is not required to provide transportation to a student who transfers to another campus under Subsection (b)(2).


(g) Section 25.034 does not apply to a transfer under this section.


Added by Acts 2005, 79th Leg., Ch. 920 (H.B. 283), Sec. 2, eff. June 18, 2005.


Renumbered from Education Code, Section 25.0341 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(12), eff. September 1, 2007.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 2, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 3, eff. June 17, 2011.


Sec. 25.0343. TRANSFER OF STUDENTS RESIDING IN HOUSEHOLD OF STUDENT RECEIVING SPECIAL EDUCATION SERVICES. (a) If, for the purpose of receiving special education services under Subchapter A, Chapter 29, a school district assigns a student to a district campus other than the campus the student would attend based on the student's residence, the district shall permit the student's parent, guardian, or other person standing in parental relation to the student to obtain a transfer to the assigned campus for any other student residing in the household of the student receiving special education services, provided that:


(1) the other student is entitled under Section 25.001 to attend school in the district; and


(2) the appropriate grade level for the other student is offered at the campus.


(b) A school district is not required to provide transportation to a student who transfers to another campus under this section. This subsection does not affect any transportation services provided by the district in accordance with other law for the student receiving special education services.


(c) Section 25.034 does not apply to a transfer under this section.


(d) This section does not apply if the student receiving special education services resides in a residential facility.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 12.01, eff. May 31, 2006.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.036. TRANSFER OF STUDENT. (a) Any child, other than a high school graduate, who is younger than 21 years of age and eligible for enrollment on September 1 of any school year may transfer annually from the child's school district of residence to another district in this state if both the receiving district and the applicant parent or guardian or person having lawful control of the child jointly approve and timely agree in writing to the transfer.


(b) A transfer agreement under this section shall be filed and preserved as a receiving district record for audit purposes of the agency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.037. TRANSFER OF STATE FUNDS. On the timely filing with the agency of notice of a child's transfer and certification by the agency of the transfer, the state available school fund apportionment transfers with the child. For purposes of computing state allotments to school districts under the Foundation School Program, the attendance of the child before the date of transfer is counted by the transfer sending district and the attendance of the child after the date of transfer is counted by the transfer receiving district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.038. TUITION FEE FOR TRANSFER STUDENTS. The receiving school district may charge a tuition fee to the extent that the district's actual expenditure per student in average daily attendance, as determined by its board of trustees, exceeds the sum the district benefits from state aid sources as provided by Section 25.037. However, unless a tuition fee is prescribed and set out in a transfer agreement before its execution by the parties, an increase in tuition charge may not be made for the year of that transfer that exceeds the tuition charge, if any, of the preceding school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.039. CONTRACTS AND TUITION FOR EDUCATION OUTSIDE DISTRICT. (a) A school district that does not offer each grade level from kindergarten through grade 12 may provide by contract for students residing in the district who are at grade levels not offered by the district to be educated at those grade levels in one or more other districts. In each contract, the districts also shall agree to the transfer of school funds or other payments proportionate to the transfer of attendance.


(b) The school district in which the students reside shall pay tuition to any district with which it has a contract under this section for each of its students attending school in that district at a grade level for which the district has contracted. The amount of the tuition paid may not exceed the greater of the amount provided for by Section 25.038 or an amount specified by commissioner rule.


(c) A school district is not required to pay tuition to any district with which it has not contracted for the attendance by any of its students at a grade level for which it has contracted under this section with another district.


(d) A contract under this section may not be for a period exceeding five years.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 1.32, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1069, Sec. 1, eff. Sept. 1, 2003.


Sec. 25.040. TRANSFER TO DISTRICT OF BORDERING STATE. Any child entitled to attend the public school of any school district situated on the border of Louisiana, Arkansas, Oklahoma, or New Mexico who finds it more convenient to attend the public school in a district in the contiguous state may have the apportionment of the state and county available school funds paid to the school district of the contiguous state and may have additional tuition, if necessary, paid by the district of the child's residence on terms agreed on by the trustees of the receiving district and the trustees of the residence district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.041. TRANSFER OF CHILDREN OR WARDS OF EMPLOYEES OF STATE SUPPORTED LIVING CENTERS. A school-age child or ward of an employee of a state supported living center for persons with intellectual disabilities constituted as a school district who resides in the boundaries of center property but who is not a student at the center is entitled to attend school in a district adjacent to the center free of any charge to the child's or ward's parent or guardian provided the parent or guardian is required by the superintendent of the center to live on the grounds of the center for the convenience of this state. A tuition charge required by the admitting district shall be paid by the district constituting the state supported living center out of funds allotted to it by the agency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 1, eff. September 1, 2019.


Sec. 25.042. TRANSFER OF CHILDREN OF EMPLOYEES OF TEXAS JUVENILE JUSTICE DEPARTMENT FACILITIES. A school-age child of an employee of a facility of the Texas Juvenile Justice Department is entitled to attend school in a school district adjacent to the district in which the student resides free of any charge to the student's parents or guardian. Any tuition charge required by the admitting district shall be paid by the district from which the student transfers out of any funds appropriated to the facility.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 21, eff. September 1, 2015.


Sec. 25.043. CLASSROOM PLACEMENT OF MULTIPLE BIRTH SIBLINGS. (a) In this section:


(1) "Multiple birth sibling" means a twin, triplet, quadruplet, or other sibling resulting from a multiple birth.


(2) "Parent" includes a person standing in parental relation.


(b) The parent of multiple birth siblings who are assigned to the same grade level and school may request in writing, not later than the 14th day after the first day of enrollment, that the school place the siblings in the same classroom or in separate classrooms.


(c) Except as provided by Subsection (d) or (g), a school shall provide the multiple birth siblings with the classroom placement requested by the parent.


(d) At the end of the first grading period following the multiple birth siblings' enrollment in the school, if the principal of the school, in consultation with the teacher of each classroom in which the multiple birth siblings are placed, determines that the requested classroom placement is disruptive to the school, the principal may determine the appropriate classroom placement for the siblings.


(e) A parent may appeal the principal's classroom placement of multiple birth siblings in the manner provided by school district policy. During an appeal, the multiple birth siblings shall remain in the classroom chosen by the parent.


(f) The school may recommend to a parent the appropriate classroom placement for the multiple birth siblings and may provide professional educational advice to assist the parent with the decision regarding appropriate classroom placement.


(g) A school district is not required to place multiple birth siblings in separate classrooms if the request would require the school district to add an additional class to the grade level of the multiple birth siblings.


(h) This section does not affect:


(1) a right or obligation under Subchapter A, Chapter 29, or under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) regarding the individual placement decisions of the school district admission, review, and dismissal committee; or


(2) the right of a school district or teacher to remove a student from a classroom under Chapter 37.


Added by Acts 2007, 80th Leg., R.S., Ch. 91 (H.B. 314), Sec. 1, eff. May 15, 2007.


Sec. 25.045. TRANSFER TO DISTRICT OFFERING IN-PERSON INSTRUCTION. (a) In this section, "virtual instruction" means instructional activities delivered to students primarily over the Internet.


(b) If a school district provides notice to the parent or person standing in parental relation to a student enrolled in the district of the district's intent to offer only virtual instruction for more than one grading period during a school year, the student may transfer for that school year to another school district that:


(1) offers in-person instruction during that school year; and


(2) accepts the student's transfer.


(c) A student who transfers to another school district under this section may not be charged tuition. The student is included in the average daily attendance of the district in which the student attends school.


(d) The commissioner may adopt rules necessary to implement this section.


Added by Acts 2021, 87th Leg., R.S., Ch. 843 (S.B. 481), Sec. 1, eff. June 16, 2021.


SUBCHAPTER C. OPERATION OF SCHOOLS AND SCHOOL ATTENDANCE



(b) The commissioner may approve the operation of schools for fewer than the number of minutes required under Subsection (a) if disaster, flood, extreme weather conditions, fuel curtailment, or another calamity causes the closing of schools.


(c) If the commissioner does not approve reduced operation time under Subsection (b), a school district may add additional minutes to the end of the district's normal school hours as necessary to compensate for minutes lost due to school closures caused by disaster, flood, extreme weather conditions, fuel curtailment, or another calamity.


(d) The commissioner may adopt rules to implement this section, including rules:


(1) for the application, on the basis of the minimum minutes of operation required by Subsection (a), of any provision of this title that refers to a minimum number of days of instruction under this section;


(2) to determine the minutes of operation that are equivalent to a day;


(3) defining minutes of operation and instructional time; and


(4) establishing the minimum number of minutes of instructional time required for a full-day and a half-day program to meet the time requirements under Subsection (a).


(e) A school district or education program is exempt from the minimum minutes of operation requirement if the district's or program's average daily attendance is calculated under Section 48.005(j).


(g) A school district may not provide student instruction on Memorial Day. If a school district would be required to provide student instruction on Memorial Day to compensate for minutes of instruction lost because of school closures caused by disaster, flood, extreme weather conditions, fuel curtailment, or another calamity, the commissioner shall approve the instruction of students for fewer than the number of minutes required under Subsection (a).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 824, Sec. 2, eff. June 20, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1084 (H.B. 2610), Sec. 1, eff. June 19, 2015.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 1, eff. June 15, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1144 (H.B. 441), Sec. 1, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 5, eff. June 6, 2019.


Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(5), eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.018, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.019, eff. September 1, 2019.


Sec. 25.0811. FIRST DAY OF INSTRUCTION. (a) Except as provided by this section, a school district may not begin instruction for students for a school year before the fourth Monday in August. A school district may:


(1) begin instruction for students for a school year before the fourth Monday in August if the district operates a year-round system under Section 25.084; or


(2) begin instruction for students for a school year on or after the first Monday in August at a campus or at not more than 20 percent of the campuses in the district if:


(A) the district has a student enrollment of 190,000 or more;


(B) the district at the beginning of the school year provides, financed with local funds, days of instruction for students at the campus or at each of the multiple campuses, in addition to the minimum number of days of instruction required under Section 25.081;


(C) the campus or each of the multiple campuses are undergoing comprehensive reform, as determined by the board of trustees of the district; and


(D) a majority of the students at the campus or at each of the multiple campuses are educationally disadvantaged.


(b) Notwithstanding Subsection (a), a school district that does not offer each grade level from kindergarten through grade 12 and whose prospective or former students generally attend school in another state for the grade levels the district does not offer may start school on any date permitted under Subsection (a) or the law of the other state.


(c) Repealed by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 9.03, eff. May 31, 2006.


Added by Acts 2001, 77th Leg., ch. 909, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 9.02, eff. May 31, 2006.


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 9.03, eff. May 31, 2006.


Acts 2007, 80th Leg., R.S., Ch. 708 (H.B. 2171), Sec. 1, eff. June 15, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 277 (H.B. 1555), Sec. 1, eff. June 17, 2011.


Sec. 25.0812. LAST DAY OF SCHOOL. (a) Except as provided by Subsection (b), a school district may not schedule the last day of school for students for a school year before May 15.


(b) Notwithstanding Subsection (a), a school district that does not offer each grade level from kindergarten through grade 12 and whose prospective or former students generally attend school in another state for the grade levels the district does not offer may schedule the last day of school on any date permitted under Subsection (a) or the law of the other state.


Added by Acts 2015, 84th Leg., R.S., Ch. 1084 (H.B. 2610), Sec. 2, eff. June 19, 2015.


Sec. 25.0815. OPERATION AND INSTRUCTIONAL TIME WAIVERS FOR SCHOOL SAFETY TRAINING. (a) The commissioner shall provide a waiver allowing for fewer minutes of operation and instructional time than required under Section 25.081(a) for a school district that requires each educator employed by the district to attend an approved school safety training course.


(b) A waiver under this section:


(1) must allow sufficient time for the school district's educators to attend the school safety training course; and


(2) may not:


(A) result in an inadequate number of minutes of instructional time for students; or


(B) reduce the number of minutes of operation and instructional time by more than 420 minutes.


(c) To be approved under this section, a school safety training course must apply to the Texas School Safety Center. The Texas School Safety Center may approve a training course if the course satisfies the training requirements as determined by the center.


(d) The commissioner may adopt rules to implement this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 6, eff. June 6, 2019.


Sec. 25.082. PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE. (a) Repealed by Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 9, eff. June 15, 2017.


(b) The board of trustees of each school district and the governing board of each open-enrollment charter school shall require students, once during each school day at each campus, to recite:


(1) the pledge of allegiance to the United States flag in accordance with 4 U.S.C. Section 4; and


(2) the pledge of allegiance to the state flag in accordance with Subchapter C, Chapter 3100, Government Code.


(b-1) The board of trustees of each school district and the governing board of each open-enrollment charter school shall require that the United States and Texas flags be prominently displayed in accordance with 4 U.S.C. Sections 5-10 and Chapter 3100, Government Code, in each campus classroom to which a student is assigned at the time the pledges of allegiance to those flags are recited. A district or school is not required to spend federal, state, or local district or school funds to acquire flags required under this subsection. A district or school may raise money or accept gifts, grants, and donations to acquire flags required under this subsection.


(c) On written request from a student's parent or guardian, a school district or open-enrollment charter school shall excuse the student from reciting a pledge of allegiance under Subsection (b).


(d) The board of trustees of each school district and the governing board of each open-enrollment charter school shall provide for the observance of one minute of silence at each campus following the recitation of the pledges of allegiance to the United States and Texas flags under Subsection (b). During the one-minute period, each student may, as the student chooses, reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student. Each teacher or other school employee in charge of students during that period shall ensure that each of those students remains silent and does not act in a manner that is likely to interfere with or distract another student.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 126, Sec. 1, 2, eff. Sept. 1, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 881 (H.B. 773), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 42, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 2, eff. June 15, 2017.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 9, eff. June 15, 2017.


Sec. 25.0821. MINUTE OF SILENCE TO COMMEMORATE SEPTEMBER 11, 2001. (a) To commemorate the events of September 11, 2001, in each year that date falls on a regular school day, each public elementary or secondary school shall provide for the observance of one minute of silence at the beginning of the first class period of that day.


(b) Immediately before the period of observance required by this section, the class instructor shall make a statement of reference to the memory of individuals who died on September 11, 2001.


(c) The period of observance required by this section may be held in conjunction with the minute of silence required by Section 25.082.


Added by Acts 2013, 83rd Leg., R.S., Ch. 925 (H.B. 1501), Sec. 1, eff. June 14, 2013.


Sec. 25.0822. PATRIOTIC SOCIETY ACCESS TO STUDENTS. (a) In this section, "patriotic society" means a youth membership organization listed in Title 36 of the United States Code with an educational purpose that promotes patriotism and civic involvement.


(b) At the beginning of each school year, the board of trustees of an independent school district shall adopt a policy to allow the principal of a public school campus to provide representatives of a patriotic society with the opportunity to speak to students during regular school hours about membership in the society and the ways in which membership may promote a student's educational interest and level of civic involvement, leading to the student's increased potential for self-improvement and ability to contribute to improving the student's school and community.


(c) The board policy shall give a principal complete discretion over the specific date and time of the opportunity required to be provided under this section, except that the policy shall allow the principal to limit:


(1) the opportunity provided to a patriotic society to a single school day; and


(2) any presentation made to students as a result of the opportunity to 10 minutes in length.


Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 8, eff. September 1, 2017.


Sec. 25.083. SCHOOL DAY INTERRUPTIONS. (a) The board of trustees of each school district shall adopt and strictly enforce a policy limiting interruptions of classes during the school day for nonacademic activities such as announcements and sales promotions. At a minimum, the policy must limit announcements other than emergency announcements to once during the school day.


(b) The board of trustees of each school district shall adopt and strictly enforce a policy limiting the removal of students from class for remedial tutoring or test preparation. A district may not remove a student from a regularly scheduled class for remedial tutoring or test preparation if, as a result of the removal, the student would miss more than 10 percent of the school days on which the class is offered, unless the student's parent or another person standing in parental relation to the student provides to the district written consent for removal from class for such purpose.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 5(a), eff. June 10, 2013.


Sec. 25.084. YEAR-ROUND SYSTEM. (a) A school district may operate its schools year-round on either a single-track or a multitrack calendar. If a school district adopts a year-round system, the district may modify:


(1) the number of contract days of employees and the number of days of operation, including any time required for staff development, planning and preparation, and continuing education, otherwise required by law;


(2) testing dates, data reporting, and related matters;


(3) the date of the first day of instruction of the school year under Section 25.0811 for a school that was operating year-round for the 2000-2001 school year; and


(4) a student's eligibility to participate in extracurricular activities when the student's calendar track is not in session.


(b) Except as provided by Subsection (c), the operation of schools year-round by a district does not affect the amount of state funds to which the district is entitled under Chapter 48.


(c) A district that adopts a year-round system under this section may receive the incentive aid under Section 48.0051 if the district meets the criteria for receiving the incentive under that section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 909, Sec. 2, eff. Sept. 1, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.004(a), eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.004(b), eff. September 1, 2020.


Sec. 25.085. COMPULSORY SCHOOL ATTENDANCE. (a) A child who is required to attend school under this section shall attend school each school day for the entire period the program of instruction is provided.


(b) Unless specifically exempted by Section 25.086, a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached the child's 19th birthday shall attend school.


(c) On enrollment in prekindergarten or kindergarten, a child shall attend school.


(d) Unless specifically exempted by Section 25.086, a student enrolled in a school district must attend:


(1) an extended-year program for which the student is eligible that is provided by the district for students identified as likely not to be promoted to the next grade level or tutorial classes required by the district under Section 29.084;


(2) an accelerated reading instruction program to which the student is assigned under Section 28.006(g);


(3) an accelerated instruction program to which the student is assigned under Section 28.0211;


(4) a basic skills program to which the student is assigned under Section 29.086; or


(5) a summer program provided under Section 37.008(l) or Section 37.021.


(e) A person who voluntarily enrolls in school or voluntarily attends school after the person's 19th birthday shall attend school each school day for the entire period the program of instruction is offered. A school district may revoke for the remainder of the school year the enrollment of a person who has more than five absences in a semester that are not excused under Section 25.087, except a school district may not revoke the enrollment of a person under this subsection on a day on which the person is physically present at school. A person whose enrollment is revoked under this subsection may be considered an unauthorized person on school district grounds for purposes of Section 37.107.


(g) After the third unexcused absence of a person described by Subsection (e), a school district shall issue a warning letter to the person that states the person's enrollment may be revoked for the remainder of the school year if the person has more than five unexcused absences in a semester.


(h) As an alternative to revoking a person's enrollment under Subsection (e), a school district may impose a behavior improvement plan described by Section 25.0915(a-1)(1).


(i) Notwithstanding any other provision of this section, a student enrolled in a school district is not required to attend school for any additional instructional days described by Section 48.0051.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1019, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.10, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 711, Sec. 1, eff. June 18, 1999; Acts 2003, 78th Leg., ch. 1055, Sec. 3, eff. June 20, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 50 (H.B. 566), Sec. 1, eff. May 10, 2007.


Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 2, eff. June 15, 2007.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 7, eff. September 1, 2015.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.011, eff. September 1, 2020.


Sec. 25.086. EXEMPTIONS. (a) A child is exempt from the requirements of compulsory school attendance if the child:


(1) attends a private or parochial school that includes in its course a study of good citizenship;


(2) is eligible to participate in a school district's special education program under Section 29.003 and cannot be appropriately served by the resident district;


(3) has a physical or mental condition of a temporary and remediable nature that makes the child's attendance infeasible and holds a certificate from a qualified physician specifying the temporary condition, indicating the treatment prescribed to remedy the temporary condition, and covering the anticipated period of the child's absence from school for the purpose of receiving and recuperating from that remedial treatment;


(4) is expelled in accordance with the requirements of law in a school district that does not participate in a mandatory juvenile justice alternative education program under Section 37.011;


(5) is at least 17 years of age and:


(A) is attending a course of instruction to prepare for the high school equivalency examination, and:


(i) has the permission of the child's parent or guardian to attend the course;


(ii) is required by court order to attend the course;


(iii) has established a residence separate and apart from the child's parent, guardian, or other person having lawful control of the child; or


(iv) is homeless; or


(B) has received a high school diploma or high school equivalency certificate;


(6) is at least 16 years of age and is attending a course of instruction to prepare for the high school equivalency examination, if:


(A) the child is recommended to take the course of instruction by a public agency that has supervision or custody of the child under a court order; or


(B) the child is enrolled in a Job Corps training program under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.);


(7) is at least 16 years of age and is enrolled in a high school diploma program under Chapter 18;


(8) is enrolled in the Texas Academy of Mathematics and Science under Subchapter G, Chapter 105;


(9) is enrolled in the Texas Academy of Leadership in the Humanities;


(10) is enrolled in the Texas Academy of Mathematics and Science at The University of Texas Rio Grande Valley;


(11) is enrolled in the Texas Academy of International Studies; or


(12) is specifically exempted under another law.


(b) This section does not relieve a school district in which a child eligible to participate in the district's special education program resides of its fiscal and administrative responsibilities under Subchapter A, Chapter 29, or of its responsibility to provide a free appropriate public education to a child with a disability.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 1, eff. June 19, 1997; Acts 1997, 75th Leg., ch. 1019, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1282, Sec. 2, eff. June 18, 1999.


Amended by:


Acts 2005, 79th Leg., Ch. 377 (S.B. 1395), Sec. 3, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 887 (S.B. 1452), Sec. 2, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 1339 (S.B. 151), Sec. 6, eff. June 18, 2005.


Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 4.003, eff. September 1, 2007.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.04, eff. June 10, 2019.


Acts 2021, 87th Leg., R.S., Ch. 188 (S.B. 1467), Sec. 1, eff. May 30, 2021.


Sec. 25.087. EXCUSED ABSENCES. (a) A person required to attend school, including a person required to attend school under Section 25.085(e), may be excused for temporary absence resulting from any cause acceptable to the teacher, principal, or superintendent of the school in which the person is enrolled.


(b) A school district shall excuse a student from attending school for:


(1) the following purposes, including travel for those purposes:


(A) observing religious holy days;


(B) attending a required court appearance;


(C) appearing at a governmental office to complete paperwork required in connection with the student's application for United States citizenship;


(D) taking part in a United States naturalization oath ceremony;


(E) serving as an election clerk; or


(F) if the student is in the conservatorship of the Department of Family and Protective Services, participating, as determined and documented by the department, in an activity:


(i) ordered by a court under Chapter 262 or 263, Family Code, provided that it is not practicable to schedule the participation outside of school hours; or


(ii) required under a service plan under Subchapter B, Chapter 263, Family Code;


(2) a temporary absence resulting from an appointment with health care professionals for the student or the student's child if the student commences classes or returns to school on the same day of the appointment; or


(3) an absence resulting from a serious or life-threatening illness or related treatment that makes the student's attendance infeasible, if the student or the student's parent or guardian provides a certification from a physician licensed to practice medicine in this state specifying the student's illness and the anticipated period of the student's absence relating to the illness or related treatment.


(b-1) A school district may adopt a policy excusing a student from attending school for service as a student early voting clerk in an election.


(b-2) A school district may excuse a student from attending school to visit an institution of higher education accredited by a generally recognized accrediting organization during the student's junior and senior years of high school for the purpose of determining the student's interest in attending the institution of higher education, provided that:


(1) the district may not excuse for this purpose more than two days during the student's junior year and two days during the student's senior year; and


(2) the district adopts:


(A) a policy to determine when an absence will be excused for this purpose; and


(B) a procedure to verify the student's visit at the institution of higher education.


(b-3) A temporary absence for purposes of Subsection (b)(2) includes the temporary absence of a student diagnosed with autism spectrum disorder on the day of the student's appointment with a health care practitioner, as described by Section 1355.015(b), Insurance Code, to receive a generally recognized service for persons with autism spectrum disorder, including applied behavioral analysis, speech therapy, and occupational therapy.


(b-4) A school district shall excuse a student whose parent, stepparent, or legal guardian is an active duty member of the uniformed services as defined by Section 162.002 and has been called to duty for, is on leave from, or immediately returned from continuous deployment of at least four months outside the locality where the parent, stepparent, or guardian regularly resides, to visit with the student's parent, stepparent, or guardian. A school district may not excuse a student under this subsection more than five days in a school year. An excused absence under this subsection must be taken:


(1) not earlier than the 60th day before the date of deployment; or


(2) not later than the 30th day after the date of return from deployment.


(b-5) A school district shall excuse a student who is 17 years of age or older from attending school to pursue enlistment in a branch of the armed services of the United States or the Texas National Guard, provided that:


(1) the district may not excuse for this purpose more than four days of school during the period the student is enrolled in high school; and


(2) the district verifies the student's activities related to pursuing enlistment in a branch of the armed services or the Texas National Guard.


(b-6) Each school district shall adopt procedures to verify a student's activities as described by Subsection (b-5).


(b-7) A school district may excuse a student who is 15 years of age or older from attending school to visit a driver's license office to obtain a driver's license or learner license, provided that:


(1) the district may not excuse more than one day of school during the period the student is enrolled in high school for each of the following purposes:


(A) obtaining a driver's license; or


(B) obtaining a learner license; and


(2) the district verifies the student's visit to the driver's license office in accordance with procedures adopted by the district.


(c) A school district may excuse a student in grades 6 through 12 for the purpose of sounding "Taps" at a military honors funeral held in this state for a deceased veteran.


(d) A student whose absence is excused under Subsection (b), (b-1), (b-2), (b-4), (b-5), (b-7), or (c) may not be penalized for that absence and shall be counted as if the student attended school for purposes of calculating the average daily attendance of students in the school district. A student whose absence is excused under Subsection (b), (b-1), (b-2), (b-4), (b-5), (b-7), or (c) shall be allowed a reasonable time to make up school work missed on those days. If the student satisfactorily completes the school work, the day of absence shall be counted as a day of compulsory attendance.


(e) A school district may excuse a student for the purposes provided by Subsections (b)(1)(E) and (b-1) for a maximum of two days in a school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 651, Sec. 1, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 711, Sec. 2, eff. June 18, 1999.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 479 (H.B. 2455), Sec. 1, eff. June 16, 2007.


Acts 2007, 80th Leg., R.S., Ch. 660 (H.B. 1187), Sec. 2, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.002(a), eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.002(b), eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 455 (H.B. 2542), Sec. 1, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 455 (H.B. 2542), Sec. 2, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 517 (S.B. 1134), Sec. 3, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 595 (H.B. 192), Sec. 1, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 7.005, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 249 (H.B. 455), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 404 (S.B. 260), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 542 (S.B. 553), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 11, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1354 (S.B. 1404), Sec. 2, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 2, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 213 (S.B. 1152), Sec. 1, eff. May 28, 2017.


Acts 2021, 87th Leg., R.S., Ch. 314 (H.B. 699), Sec. 2, eff. June 7, 2021.


Acts 2021, 87th Leg., R.S., Ch. 553 (S.B. 289), Sec. 1, eff. June 14, 2021.


Sec. 25.088. SCHOOL ATTENDANCE OFFICER. The school attendance officer may be selected by:


(1) the county school trustees of any county;


(2) the board of trustees of any school district or the boards of trustees of two or more school districts jointly; or


(3) the governing body of an open-enrollment charter school.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 21, eff. Sept. 1, 2001.


Sec. 25.089. COMPENSATION OF ATTENDANCE OFFICER; DUAL SERVICE. (a) An attendance officer may be compensated from the funds of the county, independent school district, or open-enrollment charter school, as applicable.


(b) An attendance officer may be the probation officer or an officer of the juvenile court of the county.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 22, eff. Sept. 1, 2001.


Sec. 25.090. ATTENDANCE OFFICER NOT SELECTED. (a) In those counties and independent school districts where an attendance officer has not been selected, the duties of attendance officer shall be performed by the school superintendents and peace officers of the counties and districts.


(b) If the governing body of an open-enrollment charter school has not selected an attendance officer, the duties of attendance officer shall be performed by the peace officers of the county in which the school is located.


(c) Additional compensation may not be paid for services performed under this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 23, eff. Sept. 1, 2001.


Sec. 25.091. POWERS AND DUTIES OF PEACE OFFICERS AND OTHER ATTENDANCE OFFICERS.


(a) A peace officer serving as an attendance officer has the following powers and duties concerning enforcement of compulsory school attendance requirements:


(1) to investigate each case of a violation of compulsory school attendance requirements referred to the peace officer;


(2) to enforce compulsory school attendance requirements by:


(A) applying truancy prevention measures adopted under Section 25.0915 to the student; and


(B) if the truancy prevention measures fail to meaningfully address the student's conduct:


(i) referring the student to a truancy court if the student has unexcused absences for the amount of time specified under Section 65.003(a), Family Code; or


(ii) filing a complaint in a county, justice, or municipal court against a parent who violates Section 25.093;


(3) to serve court-ordered legal process;


(4) to review school attendance records for compliance by each student investigated by the officer;


(5) to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees of a school district, or the commissioner, to provide a record to the individual or entity requesting the record; and


(6) to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that a peace officer may not enter a residence without the permission of the parent of a student required under this subchapter to attend school or of the tenant or owner of the residence except to lawfully serve court-ordered legal process on the parent.


(b) An attendance officer employed by a school district who is not commissioned as a peace officer has the following powers and duties with respect to enforcement of compulsory school attendance requirements:


(1) to investigate each case of a violation of the compulsory school attendance requirements referred to the attendance officer;


(2) to enforce compulsory school attendance requirements by:


(A) applying truancy prevention measures adopted under Section 25.0915 to the student; and


(B) if the truancy prevention measures fail to meaningfully address the student's conduct:


(i) referring the student to a truancy court if the student has unexcused absences for the amount of time specified under Section 65.003(a), Family Code; and


(ii) filing a complaint in a county, justice, or municipal court against a parent who violates Section 25.093;


(3) to monitor school attendance compliance by each student investigated by the officer;


(4) to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees of a school district, or the commissioner, to provide a record to the individual or entity requesting the record;


(5) to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that the attendance officer may not enter a residence without permission of the parent or of the owner or tenant of the residence; and


(6) at the request of a parent, to escort a student from any location to a school campus to ensure the student's compliance with compulsory school attendance requirements.


(b-1) A peace officer who has probable cause to believe that a child is in violation of the compulsory school attendance law under Section 25.085 may take the child into custody for the purpose of returning the child to the school campus of the child to ensure the child's compliance with compulsory school attendance requirements.


(c) In this section:


(1) "Parent" includes a person standing in parental relation.


(2) "Peace officer" has the meaning assigned by Article 2.12, Code of Criminal Procedure.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1514, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 137, Sec. 3, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 5, eff. September 1, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 1098 (S.B. 1489), Sec. 9, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 8, eff. September 1, 2015.


Sec. 25.0915. TRUANCY PREVENTION MEASURES. (a) A school district shall adopt truancy prevention measures designed to:


(1) address student conduct related to truancy in the school setting before the student engages in conduct described by Section 65.003(a), Family Code; and


(2) minimize the need for referrals to truancy court for conduct described by Section 65.003(a), Family Code.


(a-1) As a truancy prevention measure under Subsection (a), a school district shall take one or more of the following actions:


(1) impose:


(A) a behavior improvement plan on the student that must be signed by an employee of the school, that the school district has made a good faith effort to have signed by the student and the student's parent or guardian, and that includes:


(i) a specific description of the behavior that is required or prohibited for the student;


(ii) the period for which the plan will be effective, not to exceed 45 school days after the date the contract becomes effective; or


(iii) the penalties for additional absences, including additional disciplinary action or the referral of the student to a truancy court; or


(B) school-based community service; or


(2) refer the student to counseling, mediation, mentoring, a teen court program, community-based services, or other in-school or out-of-school services aimed at addressing the student's truancy.


(a-2) A referral made under Subsection (a-1)(2) may include participation by the child's parent or guardian if necessary.


(a-3) A school district shall offer additional counseling to a student and may not refer the student to truancy court under this section, Section 25.0951, or any other provision if the school determines that the student's truancy is the result of:


(1) pregnancy;


(2) being in the state foster program;


(3) homelessness;


(4) severe or life-threatening illness or related treatment; or


(5) being the principal income earner for the student's family.


(a-4) If a student fails to attend school without excuse on three or more days or parts of days within a four-week period but does not fail to attend school for the time described by Section 25.0951(a), the school district shall initiate truancy prevention measures under this section on the student.


(b) Each referral to truancy court for conduct described by Section 65.003(a), Family Code, must:


(1) be accompanied by a statement from the student's school certifying that:


(A) the school applied the truancy prevention measures adopted under Subsection (a) or (a-4) to the student; and


(B) the truancy prevention measures failed to meaningfully address the student's school attendance; and


(2) specify whether the student is eligible for or receives special education services under Subchapter A, Chapter 29.


(c) A truancy court shall dismiss a petition filed by a truant conduct prosecutor under Section 65.054, Family Code, if the court determines that the school district's referral:


(1) does not comply with Subsection (b);


(2) does not satisfy the elements required for truant conduct;


(3) is not timely filed, unless the school district delayed the referral under Section 25.0951(d); or


(4) is otherwise substantively defective.


(d) Except as provided by Subsection (e), a school district shall employ a truancy prevention facilitator or juvenile case manager to implement the truancy prevention measures required by this section and any other effective truancy prevention measures as determined by the school district or campus. At least annually, the truancy prevention facilitator shall meet to discuss effective truancy prevention measures with a case manager or other individual designated by a truancy court to provide services to students of the school district in truancy cases.


(e) Instead of employing a truancy prevention facilitator, a school district may designate an existing district employee or juvenile case manager to implement the truancy prevention measures required by this section and any other effective truancy prevention measures as determined by the school district or campus.


(f) The agency shall adopt rules:


(1) creating minimum standards for truancy prevention measures adopted by a school district under this section; and


(2) establishing a set of best practices for truancy prevention measures.


(g) The agency shall adopt rules to provide for sanctions for a school district found to be not in compliance with this section.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1098 (S.B. 1489), Sec. 10, eff. September 1, 2011.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 8, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 2, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 9, eff. September 1, 2015.


Acts 2021, 87th Leg., R.S., Ch. 314 (H.B. 699), Sec. 3, eff. June 7, 2021.


Sec. 25.092. MINIMUM ATTENDANCE FOR CLASS CREDIT OR FINAL GRADE. (a) Except as provided by this section, a student in any grade level from kindergarten through grade 12 may not be given credit or a final grade for a class unless the student is in attendance for at least 90 percent of the days the class is offered.


(a-1) A student who is in attendance for at least 75 percent but less than 90 percent of the days a class is offered may be given credit or a final grade for the class if the student completes a plan approved by the school's principal that provides for the student to meet the instructional requirements of the class. A student under the jurisdiction of a court in a criminal or juvenile justice proceeding may not receive credit or a final grade under this subsection without the consent of the judge presiding over the student's case.


(a-2) Subsection (a) does not apply to a student who receives credit by examination for a class as provided by Section 28.023.


(a-3) A student's excused absence under Section 25.087(b)(3) may not be considered in determining whether the student has satisfied the attendance requirement under Subsection (a) or (a-1).


(a-4) A school district or open-enrollment charter school may adopt a policy to exempt students from the requirements of this section for one or more courses identified in the policy that are offered under a local remote learning program under Section 29.9091. This subsection expires September 1, 2023.


(b) The board of trustees of each school district shall appoint one or more attendance committees to hear petitions for class credit or a final grade by students who are in attendance fewer than the number of days required under Subsection (a) and have not earned class credit or a final grade under Subsection (a-1). Classroom teachers shall comprise a majority of the membership of the committee. A committee may give class credit or a final grade to a student because of extenuating circumstances. Each board of trustees shall establish guidelines to determine what constitutes extenuating circumstances and shall adopt policies establishing alternative ways for students to make up work or regain credit or a final grade lost because of absences. The alternative ways must include at least one option that does not require a student to pay a fee authorized under Section 11.158(a)(15). A certified public school employee may not be assigned additional instructional duties as a result of this section outside of the regular workday unless the employee is compensated for the duties at a reasonable rate of pay.


(c) A member of an attendance committee is not personally liable for any act or omission arising out of duties as a member of an attendance committee.


(d) If a student is denied credit or a final grade for a class by an attendance committee, the student may appeal the decision to the board of trustees. The decision of the board may be appealed by trial de novo to the district court of the county in which the school district's central administrative office is located.


(e) This section does not affect the provision of Section 25.087(b) regarding a student's excused absence from school to observe religious holy days.


(f) The availability of the option developed under Subsection (b) must be substantially the same as the availability of the educational program developed under Section 11.158(a)(15).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 698, Sec. 2, eff. June 18, 1999.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 3, eff. June 15, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 6(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 7(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1029 (H.B. 2694), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1203 (S.B. 1365), Sec. 1, eff. June 14, 2013.


Acts 2021, 87th Leg., R.S., Ch. 314 (H.B. 699), Sec. 4, eff. June 7, 2021.


Acts 2021, 87th Leg., 2nd C.S., Ch. 5 (S.B. 15), Sec. 2, eff. September 9, 2021.


Sec. 25.093. PARENT CONTRIBUTING TO NONATTENDANCE. (a) If a warning is issued as required by Section 25.095(a), the parent with criminal negligence fails to require the child to attend school as required by law, and the child has absences for the amount of time specified under Section 65.003(a), Family Code, the parent commits an offense.


(b) The attendance officer or other appropriate school official shall file a complaint against the parent in:


(1) the constitutional county court of the county in which the parent resides or in which the school is located, if the county has a population of 1.75 million or more;


(2) a justice court of any precinct in the county in which the parent resides or in which the school is located; or


(3) a municipal court of the municipality in which the parent resides or in which the school is located.


(c) An offense under Subsection (a) is a misdemeanor, punishable by fine only, in an amount not to exceed:


(1) $100 for a first offense;


(2) $200 for a second offense;


(3) $300 for a third offense;


(4) $400 for a fourth offense; or


(5) $500 for a fifth or subsequent offense.


(c-1) Each day the child remains out of school may constitute a separate offense. Two or more offenses under Subsection (a) may be consolidated and prosecuted in a single action. If the court orders deferred disposition under Article 45.051, Code of Criminal Procedure, the court may require the defendant to provide personal services to a charitable or educational institution as a condition of the deferral.


(d) A fine collected under this section shall be deposited as follows:


(1) one-half shall be deposited to the credit of the operating fund of, as applicable:


(A) the school district in which the child attends school;


(B) the open-enrollment charter school the child attends; or


(C) the juvenile justice alternative education program that the child has been ordered to attend; and


(2) one-half shall be deposited to the credit of:


(A) the general fund of the county, if the complaint is filed in the justice court or the constitutional county court; or


(B) the general fund of the municipality, if the complaint is filed in municipal court.


(e) At the trial of any person charged with violating this section, the attendance records of the child may be presented in court by any authorized employee of the school district or open-enrollment charter school, as applicable.


(f) The court in which a conviction, deferred adjudication, or deferred disposition for an offense under Subsection (a) occurs may order the defendant to attend a program for parents of students with unexcused absences that provides instruction designed to assist those parents in identifying problems that contribute to the students' unexcused absences and in developing strategies for resolving those problems if a program is available.


(g) If a parent refuses to obey a court order entered under this section, the court may punish the parent for contempt of court under Section 21.002, Government Code.


(h) It is an affirmative defense to prosecution for an offense under Subsection (a) that one or more of the absences required to be proven under Subsection (a) was excused by a school official or should be excused by the court. The burden is on the defendant to show by a preponderance of the evidence that the absence has been or should be excused. A decision by the court to excuse an absence for purposes of this section does not affect the ability of the school district to determine whether to excuse the absence for another purpose.


(i) In this section, "parent" includes a person standing in parental relation.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 865, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1403, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1504, Sec. 24, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, Sec. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 137, Sec. 4, 5, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 283, Sec. 38, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 6.001, eff. Sept. 1, 2003.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 148 (H.B. 734), Sec. 1, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 11, eff. September 1, 2015.


Sec. 25.095. WARNING NOTICES. (a) A school district or open-enrollment charter school shall notify a student's parent in writing at the beginning of the school year that if the student is absent from school on 10 or more days or parts of days within a six-month period in the same school year:


(1) the student's parent is subject to prosecution under Section 25.093; and


(2) the student is subject to referral to a truancy court for truant conduct under Section 65.003(a), Family Code.


(b) A school district shall notify a student's parent if the student has been absent from school, without excuse under Section 25.087, on three days or parts of days within a four-week period. The notice must:


(1) inform the parent that:


(A) it is the parent's duty to monitor the student's school attendance and require the student to attend school; and


(B) the student is subject to truancy prevention measures under Section 25.0915; and


(2) request a conference between school officials and the parent to discuss the absences.


(c) The fact that a parent did not receive a notice under Subsection (a) or (b) does not create a defense under Section 25.093 or under Section 65.003(a), Family Code.


(d) In this section, "parent" includes a person standing in parental relation.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 25, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, Sec. 5, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 6.002, eff. Sept. 1, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 12, eff. September 1, 2015.


Sec. 25.0951. SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR FAILURE TO ATTEND SCHOOL. (a) If a student fails to attend school without excuse on 10 or more days or parts of days within a six-month period in the same school year, a school district shall within 10 school days of the student's 10th absence refer the student to a truancy court for truant conduct under Section 65.003(a), Family Code.


(b) If a student fails to attend school without excuse as specified by Subsection (a), a school district may file a complaint against the student's parent in a county, justice, or municipal court for an offense under Section 25.093 if the school district provides evidence of the parent's criminal negligence. In this subsection, "parent" includes a person standing in parental relation.


(c) A court shall dismiss a complaint made by a school district under Subsection (b) that:


(1) does not comply with this section;


(2) does not allege the elements required for the offense;


(3) is not timely filed, unless the school district delayed the referral under Subsection (d); or


(4) is otherwise substantively defective.


(d) Notwithstanding Subsection (a), a school district may delay a referral of a student for truant conduct, or may choose to not refer a student for truant conduct, if the school district:


(1) is applying truancy prevention measures to the student under Section 25.0915; and


(2) determines that the truancy prevention measures are succeeding and it is in the best interest of the student that a referral be delayed or not be made.


Added by Acts 2001, 77th Leg., ch. 1514, Sec. 6, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 137, Sec. 9, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 37, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 31, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 984 (S.B. 1161), Sec. 1, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.003, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 13, eff. September 1, 2015.


Sec. 25.0952. PROCEDURES APPLICABLE TO PARENT CONTRIBUTING TO NONATTENDANCE OFFENSE. In a proceeding based on a complaint under Section 25.093, the court shall, except as otherwise provided by this chapter, use the procedures and exercise the powers authorized by Chapter 45, Code of Criminal Procedure.


Added by Acts 2001, 77th Leg., ch. 1514, Sec. 6, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 137, Sec. 10, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 283, Sec. 40, eff. Sept. 1, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 14, eff. September 1, 2015.


SUBCHAPTER D. STUDENT/TEACHER RATIOS; CLASS SIZE



Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.112. CLASS SIZE. (a) Except as otherwise authorized by this section, a school district may not enroll more than 22 students in a prekindergarten, kindergarten, first, second, third, or fourth grade class. That limitation does not apply during:


(1) any 12-week period of the school year selected by the district, in the case of a district whose average daily attendance is adjusted under Section 48.005(c); or


(2) the last 12 weeks of any school year in the case of any other district.


(b) Not later than the 30th day after the first day of the 12-week period for which a district whose average daily attendance is adjusted under Section 48.005(c) is claiming an exemption under Subsection (a), the district shall notify the commissioner in writing that the district is claiming an exemption for the period stated in the notice.


(c) In determining the number of students to enroll in any class, a school district shall consider the subject to be taught, the teaching methodology to be used, and any need for individual instruction.


(d) On application of a school district, the commissioner may except the district from the limit in Subsection (a) if the commissioner finds the limit works an undue hardship on the district. An exception expires at the end of the school year for which it is granted.


(e) A school district seeking an exception under Subsection (d) shall notify the commissioner and apply for the exception not later than the later of:


(1) October 1; or


(2) the 30th day after the first school day the district exceeds the limit in Subsection (a).


(f) If a school district repeatedly fails to comply with this section, the commissioner may take any appropriate action authorized to be taken by the commissioner under Section 39.131.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 889, Sec. 1, eff. June 14, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1347 (S.B. 300), Sec. 2, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.020, eff. September 1, 2019.


Acts 2021, 87th Leg., R.S., Ch. 974 (S.B. 2081), Sec. 1, eff. September 1, 2021.


Sec. 25.113. NOTICE OF CLASS SIZE. (a) A campus or district that is granted an exception under Section 25.112(d) from class size limits shall provide written notice of the exception to the parent of or person standing in parental relation to each student affected by the exception. The notice must be in conspicuous bold or underlined print and:


(1) specify the class for which an exception from the limit imposed by Section 25.112(a) was granted;


(2) state the number of children in the class for which the exception was granted; and


(3) be included in a regular mailing or other communication from the campus or district, such as information sent home with students.


(b) The notice required by Subsection (a) must be provided not later than the 31st day after:


(1) the first day of the school year; or


(2) the date the exception is granted, if the exception is granted after the beginning of the school year.


Added by Acts 2001, 77th Leg., ch. 889, Sec. 2, eff. June 14, 2001.


Sec. 25.114. STUDENT/TEACHER RATIOS IN PHYSICAL EDUCATION CLASSES; CLASS SIZE. (a) In implementing the curriculum for physical education under Section 28.002(a)(2)(C), each school district shall establish specific objectives and goals the district intends to accomplish through the curriculum, including, to the extent practicable, student/teacher ratios that are small enough to enable the district to:


(1) carry out the purposes of and requirements for the physical education curriculum as provided under Section 28.002(d); and


(2) ensure the safety of students participating in physical education.


(b) If a district establishes a student to teacher ratio greater than 45 to 1 in a physical education class, the district shall specifically identify the manner in which the safety of the students will be maintained.


Added by Acts 2009, 81st Leg., R.S., Ch. 773 (S.B. 891), Sec. 2, eff. June 19, 2009.


SUBCHAPTER E. STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS



Sec. 25.151. STUDENT EXPRESSION. A school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.152. LIMITED PUBLIC FORUM; SCHOOL DISTRICT POLICY. (a) To ensure that the school district does not discriminate against a student's publicly stated voluntary expression of a religious viewpoint, if any, and to eliminate any actual or perceived affirmative school sponsorship or attribution to the district of a student's expression of a religious viewpoint, if any, a school district shall adopt a policy, which must include the establishment of a limited public forum for student speakers at all school events at which a student is to publicly speak. The policy regarding the limited public forum must also require the school district to:


(1) provide the forum in a manner that does not discriminate against a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject;


(2) provide a method, based on neutral criteria, for the selection of student speakers at school events and graduation ceremonies;


(3) ensure that a student speaker does not engage in obscene, vulgar, offensively lewd, or indecent speech; and


(4) state, in writing, orally, or both, that the student's speech does not reflect the endorsement, sponsorship, position, or expression of the district.


(b) The school district disclaimer required by Subsection (a)(4) must be provided at all graduation ceremonies. The school district must also continue to provide the disclaimer at any other event in which a student speaks publicly for as long as a need exists to dispel confusion over the district's nonsponsorship of the student's speech.


(c) Student expression on an otherwise permissible subject may not be excluded from the limited public forum because the subject is expressed from a religious viewpoint.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.153. RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS. Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. Homework and classroom assignments must be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school district. Students may not be penalized or rewarded on account of the religious content of their work.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.154. FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES. Students may organize prayer groups, religious clubs, "see you at the pole" gatherings, or other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups without discrimination based on the religious content of the students' expression. If student groups that meet for nonreligious activities are permitted to advertise or announce meetings of the groups, the school district may not discriminate against groups that meet for prayer or other religious speech. A school district may disclaim school sponsorship of noncurricular groups and events in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.155. ADOPTION OF POLICY. A school district shall adopt and implement a local policy regarding a limited public forum and voluntary student expression of religious viewpoints. If a school district voluntarily adopts and follows the model policy governing voluntary religious expression in public schools as provided by Section 25.156, the district is in compliance with the provisions of this subchapter covered by the model policy.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.156. MODEL POLICY GOVERNING VOLUNTARY RELIGIOUS EXPRESSION IN PUBLIC SCHOOLS. In this section, "model policy" means a local policy adopted by the school district that is substantially identical to the following:


ARTICLE I



STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS



The school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


ARTICLE II



STUDENT SPEAKERS AT NONGRADUATION EVENTS



The school district hereby creates a limited public forum for student speakers at all school events at which a student is to publicly speak. For each speaker, the district shall set a maximum time limit reasonable and appropriate to the occasion. Student speakers shall introduce:


(1) football games;


(2) any other athletic events designated by the district;


(3) opening announcements and greetings for the school day; and


(4) any additional events designated by the district, which may include, without limitation, assemblies and pep rallies.


The forum shall be limited in the manner provided by this article.


Only those students in the highest two grade levels of the school and who hold one of the following positions of honor based on neutral criteria are eligible to use the limited public forum: student council officers, class officers of the highest grade level in the school, captains of the football team, and other students holding positions of honor as the school district may designate.


An eligible student shall be notified of the student's eligibility, and a student who wishes to participate as an introducing speaker shall submit the student's name to the student council or other designated body during an announced period of not less than three days. The announced period may be at the beginning of the school year, at the end of the preceding school year so student speakers are in place for the new year, or, if the selection process will be repeated each semester, at the beginning of each semester or at the end of the preceding semester so speakers are in place for the next semester. The names of the volunteering student speakers shall be randomly drawn until all names have been selected, and the names shall be listed in the order drawn. Each selected student will be matched chronologically to the event for which the student will be giving the introduction. Each student may speak for one week at a time for all introductions of events that week, or rotate after each speaking event, or otherwise as determined by the district. The list of student speakers shall be chronologically repeated as needed, in the same order. The district may repeat the selection process each semester rather than once a year.


The subject of the student introductions must be related to the purpose of the event and to the purpose of marking the opening of the event, honoring the occasion, the participants, and those in attendance, bringing the audience to order, and focusing the audience on the purpose of the event. The subject must be designated, a student must stay on the subject, and the student may not engage in obscene, vulgar, offensively lewd, or indecent speech. The school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


For as long as there is a need to dispel confusion over the nonsponsorship of the student's speech, at each event in which a student will deliver an introduction, a disclaimer shall be stated in written or oral form, or both, such as, "The student giving the introduction for this event is a volunteering student selected on neutral criteria to introduce the event. The content of the introduction is the private expression of the student and does not reflect the endorsement, sponsorship, position, or expression of the school district."


Certain students who have attained special positions of honor in the school have traditionally addressed school audiences from time to time as a tangential component of their achieved positions of honor, such as the captains of various sports teams, student council officers, class officers, homecoming kings and queens, prom kings and queens, and the like, and have attained their positions based on neutral criteria. Nothing in this policy eliminates the continuation of the practice of having these students, irrespective of grade level, address school audiences in the normal course of their respective positions. The school district shall create a limited public forum for the speakers and shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


ARTICLE III



STUDENT SPEAKERS AT GRADUATION CEREMONIES



The school district hereby creates a limited public forum consisting of an opportunity for a student to speak to begin graduation ceremonies and another student to speak to end graduation ceremonies. For each speaker, the district shall set a maximum time limit reasonable and appropriate to the occasion.


The forum shall be limited in the manner provided by this article.


Only students who are graduating and who hold one of the following neutral criteria positions of honor shall be eligible to use the limited public forum: student council officers, class officers of the graduating class, the top three academically ranked graduates, or a shorter or longer list of student leaders as the school district may designate. A student who will otherwise have a speaking role in the graduation ceremonies is ineligible to give the opening and closing remarks. The names of the eligible volunteering students will be randomly drawn. The first name drawn will give the opening and the second name drawn will give the closing.


The topic of the opening and closing remarks must be related to the purpose of the graduation ceremony and to the purpose of marking the opening and closing of the event, honoring the occasion, the participants, and those in attendance, bringing the audience to order, and focusing the audience on the purpose of the event.


In addition to the students giving the opening and closing remarks, certain other students who have attained special positions of honor based on neutral criteria, including, without limitation, the valedictorian, will have speaking roles at graduation ceremonies. For each speaker, the school district shall set a maximum time limit reasonable and appropriate to the occasion and to the position held by the speaker. For this purpose, the district creates a limited public forum for these students to deliver the addresses. The subject of the addresses must be related to the purpose of the graduation ceremony, marking and honoring the occasion, honoring the participants and those in attendance, and the student's perspective on purpose, achievement, life, school, graduation, and looking forward to the future.


The subject must be designated for each student speaker, the student must stay on the subject, and the student may not engage in obscene, vulgar, offensively lewd, or indecent speech. The school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


A written disclaimer shall be printed in the graduation program that states, "The students who will be speaking at the graduation ceremony were selected based on neutral criteria to deliver messages of the students' own choices. The content of each student speaker's message is the private expression of the individual student and does not reflect any position or expression of the school district or the board of trustees, or the district's administration, or employees of the district, or the views of any other graduate. The contents of these messages were prepared by the student volunteers, and the district refrained from any interaction with student speakers regarding the student speakers' viewpoints on permissible subjects."


ARTICLE IV



RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS



Students may express the students' beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of the students' submission. Homework and classroom work shall be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school. Students may not be penalized or rewarded on account of religious content. If a teacher's assignment involves writing a poem, the work of a student who submits a poem in the form of a prayer (for example, a psalm) should be judged on the basis of academic standards, including literary quality, and not penalized or rewarded on account of its religious content.


ARTICLE V



FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES



Students may organize prayer groups, religious clubs, "see you at the pole" gatherings, and other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups, without discrimination based on the religious content of the group's expression. If student groups that meet for nonreligious activities are permitted to advertise or announce the groups' meetings, for example, by advertising in a student newspaper, putting up posters, making announcements on a student activities bulletin board or public address system, or handing out leaflets, school authorities may not discriminate against groups that meet for prayer or other religious speech. School authorities may disclaim sponsorship of noncurricular groups and events, provided they administer the disclaimer in a manner that does not favor or disfavor groups that meet to engage in prayer or other religious speech.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


SUBCHAPTER Z. MISCELLANEOUS PROVISIONS RELATING TO STUDENTS



Sec. 25.901. EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY. A public school student has an absolute right to individually, voluntarily, and silently pray or meditate in school in a manner that does not disrupt the instructional or other activities of the school. A person may not require, encourage, or coerce a student to engage in or refrain from such prayer or meditation during any school activity.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.904. USE OF CALCULATOR APPLICATION IN PLACE OF GRAPHING CALCULATOR. (a) A school district shall permit a student enrolled in a course that requires the student to use a graphing calculator to use a calculator application on a computing device, including a personal, laptop, or tablet computer, that provides the same functionality, unless the district makes available to the student a graphing calculator at no cost to the student.


(b) A school district may adopt policies related to student use of a computing device under this section.


(c) To the extent this section conflicts with Section 37.082, this section prevails.


Added by Acts 2019, 86th Leg., R.S., Ch. 1315 (H.B. 3906), Sec. 7, eff. June 14, 2019.

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EDUCATION CODE CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE

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EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES



CHAPTER 29. EDUCATIONAL PROGRAMS



SUBCHAPTER A. SPECIAL EDUCATION PROGRAM



Sec. 29.001. STATEWIDE PLAN. The agency shall develop, and modify as necessary, a statewide design, consistent with federal law, for the delivery of services to children with disabilities in this state that includes rules for the administration and funding of the special education program so that a free appropriate public education is available to all of those children between the ages of three and 21. The statewide design shall include the provision of services primarily through school districts and shared services arrangements, supplemented by regional education service centers. The agency shall also develop and implement a statewide plan with programmatic content that includes procedures designed to:


(1) ensure state compliance with requirements for supplemental federal funding for all state-administered programs involving the delivery of instructional or related services to students with disabilities;


(2) facilitate interagency coordination when other state agencies are involved in the delivery of instructional or related services to students with disabilities;


(3) periodically assess statewide personnel needs in all areas of specialization related to special education and pursue strategies to meet those needs through a consortium of representatives from regional education service centers, local education agencies, and institutions of higher education and through other available alternatives;


(4) ensure that regional education service centers throughout the state maintain a regional support function, which may include direct service delivery and a component designed to facilitate the placement of students with disabilities who cannot be appropriately served in their resident districts;


(5) allow the agency to effectively monitor and periodically conduct site visits of all school districts to ensure that rules adopted under this section are applied in a consistent and uniform manner, to ensure that districts are complying with those rules, and to ensure that annual statistical reports filed by the districts and not otherwise available through the Public Education Information Management System under Sections 48.008 and 48.009 are accurate and complete;


(6) ensure that appropriately trained personnel are involved in the diagnostic and evaluative procedures operating in all districts and that those personnel routinely serve on district admissions, review, and dismissal committees;


(7) ensure that an individualized education program for each student with a disability is properly developed, implemented, and maintained in the least restrictive environment that is appropriate to meet the student's educational needs;


(8) ensure that, when appropriate, each student with a disability is provided an opportunity to participate in career and technology and physical education classes, in addition to participating in regular or special classes;


(9) ensure that each student with a disability is provided necessary related services;


(10) ensure that an individual assigned to act as a surrogate parent for a child with a disability, as provided by 20 U.S.C. Section 1415(b), is required to:


(A) complete a training program that complies with minimum standards established by agency rule;


(B) visit the child and the child's school;


(C) consult with persons involved in the child's education, including teachers, caseworkers, court-appointed volunteers, guardians ad litem, attorneys ad litem, foster parents, and caretakers;


(D) review the child's educational records;


(E) attend meetings of the child's admission, review, and dismissal committee;


(F) exercise independent judgment in pursuing the child's interests; and


(G) exercise the child's due process rights under applicable state and federal law; and


(11) ensure that each district develops a process to be used by a teacher who instructs a student with a disability in a regular classroom setting:


(A) to request a review of the student's individualized education program;


(B) to provide input in the development of the student's individualized education program;


(C) that provides for a timely district response to the teacher's request; and


(D) that provides for notification to the student's parent or legal guardian of that response.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 430, Sec. 1, eff. Sept. 1, 1999.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 1283 (H.B. 1335), Sec. 1, eff. June 17, 2011.


Acts 2015, 84th Leg., R.S., Ch. 1192 (S.B. 1259), Sec. 1, eff. June 19, 2015.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.023, eff. September 1, 2019.


Sec. 29.0011. PROHIBITED PERFORMANCE INDICATOR. (a) Notwithstanding Section 29.001(5), Section 29.010, or any other provision of this code, the commissioner or agency may not adopt or implement a performance indicator in any agency monitoring system, including the performance-based monitoring analysis system, that solely measures a school district's or open-enrollment charter school's aggregated number or percentage of enrolled students who receive special education services.


(b) Subsection (a) does not prohibit or limit the commissioner or agency from meeting requirements under:


(1) 20 U.S.C. Section 1418(d) and its implementing regulations to collect and examine data to determine whether significant disproportionality based on race or ethnicity is occurring in the state and in the school districts and open-enrollment charter schools in the state with respect to the:


(A) identification of children as children with disabilities, including the identification of children as children with particular impairments;


(B) placement of children with disabilities in particular educational settings; and


(C) incidence, duration, and type of disciplinary actions taken against children with disabilities, including suspensions and expulsions; or


(2) 20 U.S.C. Section 1416(a)(3)(C) and its implementing regulations to address in the statewide plan the percentage of school districts and open-enrollment charter schools with disproportionate representation of racial and ethnic groups in special education and related services and in specific disability categories that results from inappropriate identification.


Added by Acts 2017, 85th Leg., R.S., Ch. 59 (S.B. 160), Sec. 1, eff. May 22, 2017.


Sec. 29.002. DEFINITION. In this subchapter, "special services" means:


(1) special education instruction, which may be provided by professional and supported by paraprofessional personnel in the regular classroom or in an instructional arrangement described by Section 48.102; and


(2) related services, which are developmental, corrective, supportive, or evaluative services, not instructional in nature, that may be required for the student to benefit from special education instruction and for implementation of a student's individualized education program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 767, Sec. 1, eff. June 13, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.024, eff. September 1, 2019.


Sec. 29.003. ELIGIBILITY CRITERIA. (a) The agency shall develop specific eligibility criteria based on the general classifications established by this section with reference to contemporary diagnostic or evaluative terminologies and techniques. Eligible students with disabilities shall enjoy the right to a free appropriate public education, which may include instruction in the regular classroom, instruction through special teaching, or instruction through contracts approved under this subchapter. Instruction shall be supplemented by the provision of related services when appropriate.


(b) A student is eligible to participate in a school district's special education program if the student:


(1) is not more than 21 years of age and has a visual or auditory impairment that prevents the student from being adequately or safely educated in public school without the provision of special services; or


(2) is at least three but not more than 21 years of age and has one or more of the following disabilities that prevents the student from being adequately or safely educated in public school without the provision of special services:


(A) physical disability;


(B) intellectual or developmental disability;


(C) emotional disturbance;


(D) learning disability;


(E) autism;


(F) speech disability; or


(G) traumatic brain injury.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 2, eff. September 1, 2019.


Sec. 29.004. FULL INDIVIDUAL AND INITIAL EVALUATION. (a) A written report of a full individual and initial evaluation of a student for purposes of special education services shall be completed as follows, except as otherwise provided by this section:


(1) not later than the 45th school day following the date on which the school district, in accordance with 20 U.S.C. Section 1414(a), as amended, receives written consent for the evaluation, signed by the student's parent or legal guardian, except that if a student has been absent from school during that period on three or more days, that period must be extended by a number of school days equal to the number of school days during that period on which the student has been absent; or


(2) for students under five years of age by September 1 of the school year and not enrolled in public school and for students enrolled in a private or home school setting, not later than the 45th school day following the date on which the school district receives written consent for the evaluation, signed by a student's parent or legal guardian.


(a-1) If a school district receives written consent signed by a student's parent or legal guardian for a full individual and initial evaluation of a student at least 35 but less than 45 school days before the last instructional day of the school year, the evaluation must be completed and the written report of the evaluation must be provided to the parent or legal guardian not later than June 30 of that year. The student's admission, review, and dismissal committee shall meet not later than the 15th school day of the following school year to consider the evaluation. If a district receives written consent signed by a student's parent or legal guardian less than 35 school days before the last instructional day of the school year or if the district receives the written consent at least 35 but less than 45 school days before the last instructional day of the school year but the student is absent from school during that period on three or more days, Subsection (a)(1) applies to the date the written report of the full individual and initial evaluation is required.


(a-2) For purposes of this section, "school day" does not include a day that falls after the last instructional day of the spring school term and before the first instructional day of the subsequent fall school term. The commissioner by rule may determine days during which year-round schools are recessed that, consistent with this subsection, are not considered to be school days for purposes of this section.


(a-3) Subsection (a) does not impair any rights of an infant or toddler with a disability who is receiving early intervention services in accordance with 20 U.S.C. Section 1431.


(b) The evaluation shall be conducted using procedures that are appropriate for the student's most proficient method of communication.


(c) If a parent or legal guardian makes a written request to a school district's director of special education services or to a district administrative employee for a full individual and initial evaluation of a student, the district shall, not later than the 15th school day after the date the district receives the request:


(1) provide an opportunity for the parent or legal guardian to give written consent for the evaluation; or


(2) refuse to provide the evaluation and provide the parent or legal guardian with notice of procedural safeguards under 20 U.S.C. Section 1415(b).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 767, Sec. 2, eff. June 13, 2001; Acts 2003, 78th Leg., ch. 539, Sec. 3, eff. Sept. 1, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 757 (S.B. 816), Sec. 1, eff. September 1, 2013.


Sec. 29.0041. INFORMATION AND CONSENT FOR CERTAIN PSYCHOLOGICAL EXAMINATIONS OR TESTS. (a) On request of a child's parent, before obtaining the parent's consent under 20 U.S.C. Section 1414 for the administration of any psychological examination or test to the child that is included as part of the evaluation of the child's need for special education, a school district shall provide to the child's parent:


(1) the name and type of the examination or test; and


(2) an explanation of how the examination or test will be used to develop an appropriate individualized education program for the child.


(b) If the district determines that an additional examination or test is required for the evaluation of a child's need for special education after obtaining consent from the child's parent under Subsection (a), the district shall provide the information described by Subsections (a)(1) and (2) to the child's parent regarding the additional examination or test and shall obtain additional consent for the examination or test.


(c) The time required for the district to provide information and seek consent under Subsection (b) may not be counted toward the 60 calendar days for completion of an evaluation under Section 29.004. If a parent does not give consent under Subsection (b) within 20 calendar days after the date the district provided to the parent the information required by that subsection, the parent's consent is considered denied.


Added by Acts 2003, 78th Leg., ch. 1008, Sec. 2, eff. June 20, 2003.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 785, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.005. INDIVIDUALIZED EDUCATION PROGRAM. (a) Before a child is enrolled in a special education program of a school district, the district shall establish a committee composed of the persons required under 20 U.S.C. Section 1414(d) to develop the child's individualized education program. If a committee is required to include a regular education teacher, the regular education teacher included must, to the extent practicable, be a teacher who is responsible for implementing a portion of the child's individualized education program.


(b) The committee shall develop the individualized education program by agreement of the committee members or, if those persons cannot agree, by an alternate method provided by the agency. Majority vote may not be used to determine the individualized education program.


(b-1) The written statement of the individualized education program must document the decisions of the committee with respect to issues discussed at each committee meeting. The written statement must include:


(1) the date of the meeting;


(2) the name, position, and signature of each member participating in the meeting; and


(3) an indication of whether the child's parents, the adult student, if applicable, and the administrator agreed or disagreed with the decisions of the committee.


(c) If the individualized education program is not developed by agreement, the written statement of the program required under 20 U.S.C. Section 1414(d) must include the basis of the disagreement. Each member of the committee who disagrees with the individualized education program developed by the committee is entitled to include a statement of disagreement in the written statement of the program.


(d) If the child's parent is unable to speak English, the district shall:


(1) provide the parent with a written or audiotaped copy of the child's individualized education program translated into Spanish if Spanish is the parent's native language; or


(2) if the parent's native language is a language other than Spanish, make a good faith effort to provide the parent with a written or audiotaped copy of the child's individualized education program translated into the parent's native language.


(e) The commissioner by rule may require a school district to include in the individualized education program of a student with autism or another pervasive developmental disorder any information or requirement determined necessary to ensure the student receives a free appropriate public education as required under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.).


(f) The written statement of a student's individualized education program may be required to include only information included in the model form developed under Section 29.0051(a).


(g) The committee may determine that a behavior improvement plan or a behavioral intervention plan is appropriate for a student for whom the committee has developed an individualized education program. If the committee makes that determination, the behavior improvement plan or the behavioral intervention plan shall be included as part of the student's individualized education program and provided to each teacher with responsibility for educating the student.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1372, Sec. 1, eff. June 19, 1999; Acts 2001, 77th Leg., ch. 767, Sec. 3, eff. June 13, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 838 (S.B. 882), Sec. 12, eff. September 1, 2005.


Acts 2011, 82nd Leg., R.S., Ch. 1250 (S.B. 1788), Sec. 1, eff. June 17, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 458 (S.B. 914), Sec. 1, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 1192 (S.B. 1259), Sec. 2, eff. June 19, 2015.


Sec. 29.0051. MODEL FORM. (a) The agency shall develop a model form for use in developing an individualized education program under Section 29.005(b). The form must be clear, concise, well organized, and understandable to parents and educators and may include only:


(1) the information included in the model form developed under 20 U.S.C. Section 1417(e)(1);


(2) a state-imposed requirement relevant to an individualized education program not required under federal law; and


(3) the requirements identified under 20 U.S.C. Section 1407(a)(2).


(b) The agency shall post on the agency's Internet website the form developed under Subsection (a).


(c) A school district may use the form developed under Subsection (a) to comply with the requirements for an individualized education program under 20 U.S.C. Section 1414(d).


Added by Acts 2011, 82nd Leg., R.S., Ch. 1250 (S.B. 1788), Sec. 2, eff. June 17, 2011.


Sec. 29.006. CONTINUING ADVISORY COMMITTEE. (a) The governor shall appoint a continuing advisory committee, composed of 17 members, under 20 U.S.C. Section 1412(a)(21). At least one member appointed under this subsection must be a director of special education programs for a school district.


(b) The appointments are not subject to confirmation by the senate.


(c) Members of the committee are appointed for staggered terms of four years with the terms of eight or nine members expiring on February 1 of each odd-numbered year.


(d) Committee meetings must be conducted in compliance with Chapter 551, Government Code.


(e) The committee shall provide a procedure for members of the public to speak at committee meetings. The procedure may not require a member of the public to register to speak earlier than the day of the meeting.


(f) The agency must post on the agency's Internet website:


(1) contact information for the committee, including an e-mail address;


(2) notice of each open meeting of the committee;


(3) minutes of each open meeting of the committee; and


(4) guidance concerning how to submit public comments to the committee.


(g) The committee shall develop a policy to encourage public participation with the committee.


(h) Not later than January 1 of each odd-numbered year, the committee shall submit a report to the legislature with recommended changes to state law and agency rules relating to special education. The committee shall include the committee's current policy on encouraging public participation, as required by Subsection (g), in the report.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 767, Sec. 4, eff. June 13, 2001.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 44 (H.B. 861), Sec. 1, eff. May 12, 2011.


Acts 2017, 85th Leg., R.S., Ch. 547 (S.B. 436), Sec. 1, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 1.02, eff. June 4, 2019.


Sec. 29.008. CONTRACTS FOR SERVICES; RESIDENTIAL PLACEMENT. (a) A school district, shared services arrangement unit, or regional education service center may contract with a public or private facility, institution, or agency inside or outside of this state for the provision of services to students with disabilities. Each contract for residential placement must be approved by the commissioner. The commissioner may approve a residential placement contract only after at least a programmatic evaluation of personnel qualifications, adequacy of physical plant and equipment, and curriculum content. The commissioner may approve either the whole or a part of a facility or program.


(b) Except as provided by Subsection (c), costs of an approved contract for residential placement may be paid from a combination of federal, state, and local funds. The local share of the total contract cost for each student is that portion of the local tax effort that exceeds the district's local fund assignment under Section 48.256, divided by the average daily attendance in the district. If the contract involves a private facility, the state share of the total contract cost is that amount remaining after subtracting the local share. If the contract involves a public facility, the state share is that amount remaining after subtracting the local share from the portion of the contract that involves the costs of instructional and related services. For purposes of this subsection, "local tax effort" means the total amount of money generated by taxes imposed for debt service and maintenance and operation less any amounts paid into a tax increment fund under Chapter 311, Tax Code.


(c) When a student, including one for whom the state is managing conservator, is placed primarily for care or treatment reasons in a private residential facility that operates its own private education program, none of the costs may be paid from public education funds. If a residential placement primarily for care or treatment reasons involves a private residential facility in which the education program is provided by the school district, the portion of the costs that includes appropriate education services, as determined by the school district's admission, review, and dismissal committee, shall be paid from state and federal education funds.


(d) A district that contracts for the provision of education services rather than providing the services itself shall oversee the implementation of the student's individualized education program and shall annually reevaluate the appropriateness of the arrangement. An approved facility, institution, or agency with whom the district contracts shall periodically report to the district on the services the student has received or will receive in accordance with the contract as well as diagnostic or other evaluative information that the district requires in order to fulfill its obligations under this subchapter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 3, eff. Sept. 1, 1997.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.025, eff. September 1, 2019.


Sec. 29.009. PUBLIC NOTICE CONCERNING PRESCHOOL PROGRAMS FOR STUDENTS WITH DISABILITIES. Each school district shall develop a system to notify the population in the district with children who are at least three years of age but younger than six years of age and who are eligible for enrollment in a special education program of the availability of the program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.010. COMPLIANCE. (a) The agency shall adopt and implement a comprehensive system for monitoring school district compliance with federal and state laws relating to special education. The monitoring system must provide for ongoing analysis of district special education data and of complaints filed with the agency concerning special education services and for inspections of school districts at district facilities. The agency shall use the information obtained through analysis of district data and from the complaints management system to determine the appropriate schedule for and extent of the inspection.


(b) To complete the inspection, the agency must obtain information from parents and teachers of students in special education programs in the district.


(c) The agency shall develop and implement a system of sanctions for school districts whose most recent monitoring visit shows a failure to comply with major requirements of the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.), federal regulations, state statutes, or agency requirements necessary to carry out federal law or regulations or state law relating to special education.


(d) For districts that remain in noncompliance for more than one year, the first stage of sanctions shall begin with annual or more frequent monitoring visits. Subsequent sanctions may range in severity up to the withholding of funds. If funds are withheld, the agency may use the funds to provide, through alternative arrangements, services to students and staff members in the district from which the funds are withheld.


(e) The agency's complaint management division shall develop a system for expedited investigation and resolution of complaints concerning a district's failure to provide special education or related services to a student eligible to participate in the district's special education program.


(f) This section does not create an obligation for or impose a requirement on a school district or open-enrollment charter school that is not also created or imposed under another state law or a federal law.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1417, Sec. 1, eff. June 19, 1999.


Sec. 29.011. TRANSITION PLANNING. (a) The commissioner shall by rule adopt procedures for compliance with federal requirements relating to transition services for students who are enrolled in special education programs under this subchapter. The procedures must specify the manner in which a student's admission, review, and dismissal committee must consider, and if appropriate, address the following issues in the student's individualized education program:


(1) appropriate student involvement in the student's transition to life outside the public school system;


(2) if the student is younger than 18 years of age, appropriate involvement in the student's transition by the student's parents and other persons invited to participate by:


(A) the student's parents; or


(B) the school district in which the student is enrolled;


(3) if the student is at least 18 years of age, involvement in the student's transition and future by the student's parents and other persons, if the parent or other person:


(A) is invited to participate by the student or the school district in which the student is enrolled; or


(B) has the student's consent to participate pursuant to a supported decision-making agreement under Chapter 1357, Estates Code;


(4) appropriate postsecondary education options, including preparation for postsecondary-level coursework;


(5) an appropriate functional vocational evaluation;


(6) appropriate employment goals and objectives;


(7) if the student is at least 18 years of age, the availability of age-appropriate instructional environments, including community settings or environments that prepare the student for postsecondary education or training, competitive integrated employment, or independent living, in coordination with the student's transition goals and objectives;


(8) appropriate independent living goals and objectives;


(9) appropriate circumstances for facilitating a referral of a student or the student's parents to a governmental agency for services or public benefits, including a referral to a governmental agency to place the student on a waiting list for public benefits available to the student, such as a waiver program established under Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c)); and


(10) the use and availability of appropriate:


(A) supplementary aids, services, curricula, and other opportunities to assist the student in developing decision-making skills; and


(B) supports and services to foster the student's independence and self-determination, including a supported decision-making agreement under Chapter 1357, Estates Code.


(a-1) A student's admission, review, and dismissal committee shall annually review the issues described by Subsection (a) and, if necessary, update the portions of the student's individualized education program that address those issues.


(a-2) The commissioner shall develop and post on the agency's Internet website a list of services and public benefits for which referral may be appropriate under Subsection (a)(9).


(b) The commissioner shall require each school district or shared services arrangement to designate at least one employee to serve as the district's or shared services arrangement's designee on transition and employment services for students enrolled in special education programs under this subchapter. The commissioner shall develop minimum training guidelines for a district's or shared services arrangement's designee. An individual designated under this subsection must provide information and resources about effective transition planning and services, including each issue described by Subsection (a), and interagency coordination to ensure that local school staff communicate and collaborate with:


(1) students enrolled in special education programs under this subchapter and the parents of those students; and


(2) as appropriate, local and regional staff of the:


(A) Health and Human Services Commission;


(B) Texas Workforce Commission;


(C) Department of State Health Services; and


(D) Department of Family and Protective Services.


(c) The commissioner shall review and, if necessary, update the minimum training guidelines developed under Subsection (b) at least once every four years. In reviewing and updating the guidelines, the commissioner shall solicit input from stakeholders.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 704, Sec. 1, 2, eff. June 20, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 257 (H.B. 617), Sec. 2, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 574 (S.B. 748), Sec. 1, eff. June 9, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1044 (H.B. 1886), Sec. 2, eff. June 15, 2017.


Sec. 29.0111. BEGINNING OF TRANSITION PLANNING. Appropriate state transition planning under the procedure adopted under Section 29.011 must begin for a student not later than when the student reaches 14 years of age.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1250 (S.B. 1788), Sec. 3, eff. June 17, 2011.


Sec. 29.0112. TRANSITION AND EMPLOYMENT GUIDE. (a) The agency, with assistance from the Health and Human Services Commission, shall develop a transition and employment guide for students enrolled in special education programs and their parents to provide information on statewide services and programs that assist in the transition to life outside the public school system. The agency may contract with a private entity to prepare the guide.


(b) The transition and employment guide must be written in plain language and contain information specific to this state regarding:


(1) transition services;


(2) employment and supported employment services;


(3) social security programs;


(4) community and long-term services and support, including the option to place the student on a waiting list with a governmental agency for public benefits available to the student, such as a waiver program established under Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c));


(5) postsecondary educational programs and services, including the inventory maintained by the Texas Higher Education Coordinating Board under Section 61.0663;


(6) information sharing with health and human services agencies and providers;


(7) guardianship and alternatives to guardianship, including a supported decision-making agreement under Chapter 1357, Estates Code;


(8) self-advocacy, person-directed planning, and self-determination; and


(9) contact information for all relevant state agencies.


(c) The transition and employment guide must be produced in an electronic format and posted on the agency's website in a manner that permits the guide to be easily identified and accessed.


(d) The agency must update the transition and employment guide posted on the agency's website at least once every two years.


(e) A school district shall:


(1) post the transition and employment guide on the district's website if the district maintains a website;


(2) provide written information and, if necessary, assistance to a student or parent regarding how to access the electronic version of the guide at:


(A) the first meeting of the student's admission, review, and dismissal committee at which transition is discussed; and


(B) the first committee meeting at which transition is discussed that occurs after the date on which the guide is updated; and


(3) on request, provide a printed copy of the guide to a student or parent.


Added by Acts 2013, 83rd Leg., R.S., Ch. 257 (H.B. 617), Sec. 3, eff. September 1, 2013.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 747 (H.B. 1807), Sec. 2, eff. June 17, 2015.


Acts 2017, 85th Leg., R.S., Ch. 574 (S.B. 748), Sec. 2, eff. June 9, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1044 (H.B. 1886), Sec. 3, eff. June 15, 2017.


See note following this section.



Sec. 29.012. RESIDENTIAL FACILITIES. (a) Except as provided by Subsection (b)(2), not later than the third day after the date a person 22 years of age or younger is placed in a residential facility, the residential facility shall:


(1) if the person is three years of age or older, notify the school district in which the facility is located, unless the facility is an open-enrollment charter school; or


(2) if the person is younger than three years of age, notify a local early intervention program in the area in which the facility is located.


(b) An agency or political subdivision that funds, licenses, certifies, contracts with, or regulates a residential facility must:


(1) require the facility to comply with Subsection (a) as a condition of the funding, licensing, certification, or contracting; or


(2) if the agency or political subdivision places a person in a residential facility, provide the notice under Subsection (a) for that person.


(c) For purposes of enrollment in a school, a person who resides in a residential facility is considered a resident of the school district or geographical area served by the open-enrollment charter school in which the facility is located.


(c-1) The commissioner by rule shall require each school district and open-enrollment charter school to include in the district's or school's Public Education Information Management System (PEIMS) report the number of children with disabilities residing in a residential facility who:


(1) are required to be tracked by the Residential Facility Monitoring (RFM) System; and


(2) receive educational services from the district or school.


(d) The Texas Education Agency, the Health and Human Services Commission, the Department of Family and Protective Services, and the Texas Juvenile Justice Department by a cooperative effort shall develop and by rule adopt a memorandum of understanding. The memorandum must:


(1) establish the respective responsibilities of school districts and of residential facilities for the provision of a free, appropriate public education, as required by the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) and its subsequent amendments, including each requirement for children with disabilities who reside in those facilities;


(2) coordinate regulatory and planning functions of the parties to the memorandum;


(3) establish criteria for determining when a public school will provide educational services;


(4) provide for appropriate educational space when education services will be provided at the residential facility;


(5) establish measures designed to ensure the safety of students and teachers; and


(6) provide for binding arbitration consistent with Chapter 2009, Government Code, and Section 154.027, Civil Practice and Remedies Code.


(e) This section does not apply to a residential treatment facility for juveniles established under Section 221.056, Human Resources Code.


(f) Except as provided by Subsection (g), a residential facility shall provide to a school district or open-enrollment charter school that provides educational services to a student placed in the facility any information retained by the facility relating to:


(1) the student's school records, including records regarding:


(A) special education eligibility or services;


(B) behavioral intervention plans;


(C) school-related disciplinary actions; and


(D) other documents related to the student's educational needs;


(2) any other behavioral history information regarding the student that is not confidential under another provision of law; and


(3) the student's record of convictions or the student's probation, community supervision, or parole status, as provided to the facility by a law enforcement agency, local juvenile probation department or juvenile parole office, community supervision and corrections department, or parole office, if the information is needed to provide educational services to the student.


(g) Subsection (f) does not apply to a:


(1) juvenile pre-adjudication secure detention facility; or


(2) juvenile post-adjudication secure correctional facility.


Text of Subsection (c-1) effective on June 12, 2017, but only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 764 (S.B. 2080), Sec. 3, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.13, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 767, Sec. 5, eff. June 13, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1187 (H.B. 3689), Sec. 4.002, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 3.003, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 22, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 764 (S.B. 2080), Sec. 1, eff. June 12, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1026 (H.B. 1569), Sec. 1, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 3, eff. September 1, 2019.


Sec. 29.013. NONEDUCATIONAL COMMUNITY-BASED SUPPORT SERVICES FOR CERTAIN STUDENTS WITH DISABILITIES. (a) The agency shall establish procedures and criteria for the allocation of funds appropriated under this section to school districts for the provision of noneducational community-based support services to certain students with disabilities and their families so that those students may receive an appropriate free public education in the least restrictive environment.


(b) The funds may be used only for eligible students with disabilities who would remain or would have to be placed in residential facilities primarily for educational reasons without the provision of noneducational community-based support services.


(c) The support services may include in-home family support, respite care, and case management for families with a student who otherwise would have been placed by a district in a private residential facility.


(d) The provision of services under this section does not supersede or limit the responsibility of other agencies to provide or pay for costs of noneducational community-based support services to enable any student with disabilities to receive a free appropriate public education in the least restrictive environment. Specifically, services provided under this section may not be used for a student with disabilities who is currently placed or who needs to be placed in a residential facility primarily for noneducational reasons.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.014. SCHOOL DISTRICTS THAT PROVIDE EDUCATION SOLELY TO STUDENTS CONFINED TO OR EDUCATED IN HOSPITALS. (a) This section applies only to a school district that provides education and related services only to students who are confined in or receive educational services in a hospital.


(b) A school district to which this section applies may operate an extended year program for a period not to exceed 45 days. The district's average daily attendance shall be computed for the regular school year plus the extended year.


(c) Notwithstanding any other provision of this code, a student whose appropriate education program is a regular education program may receive services and be counted for attendance purposes for the number of hours per week appropriate for the student's condition if the student:


(1) is temporarily classified as eligible for participation in a special education program because of the student's confinement in a hospital; and


(2) the student's education is provided by a district to which this section applies.


(d) The basic allotment for a student enrolled in a district to which this section applies is adjusted by the weight for a homebound student under Section 48.102(a).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.026, eff. September 1, 2019.


Sec. 29.015. SPECIAL EDUCATION DECISION-MAKING FOR CHILDREN IN FOSTER CARE. (a) A foster parent may act as a parent of a child with a disability, as authorized under 20 U.S.C. Section 1415(b) and its subsequent amendments, if:


(1) the Department of Family and Protective Services is appointed as the temporary or permanent managing conservator of the child;


(2) the rights and duties of the department to make decisions regarding education provided to the child under Section 153.371, Family Code, have not been limited by court order; and


(3) the foster parent agrees to:


(A) participate in making special education decisions on the child's behalf; and


(B) complete a training program that complies with minimum standards established by agency rule.


(b) A foster parent who will act as a parent of a child with a disability as provided by Subsection (a) must complete a training program before the next scheduled admission, review, and dismissal committee meeting for the child but not later than the 90th day after the date the foster parent begins acting as the parent for the purpose of making special education decisions.


(b-1) A school district may not require a foster parent to retake a training program to continue serving as a child's parent or to serve as the surrogate parent for another child if the foster parent has completed a training program to act as a parent of a child with a disability provided by:


(1) the Department of Family and Protective Services;


(2) a school district;


(3) an education service center; or


(4) any other entity that receives federal funds to provide special education training to parents.


(c) A foster parent who is denied the right to act as a parent under this section by a school district may file a complaint with the agency in accordance with federal law and regulations.


(d) Not later than the fifth day after the date a child with a disability is enrolled in a school, the Department of Family and Protective Services must inform the appropriate school district if the child's foster parent is unwilling or unable to serve as a parent for the purposes of this subchapter.


Added by Acts 1999, 76th Leg., ch. 430, Sec. 2, eff. Sept. 1, 1999.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 1025 (H.B. 1556), Sec. 1, eff. September 1, 2017.


Sec. 29.0151. APPOINTMENT OF SURROGATE PARENT FOR CERTAIN CHILDREN. (a) This section applies to a child with a disability for whom:


(1) the Department of Family and Protective Services is appointed as the temporary or permanent managing conservator of the child; and


(2) the rights and duties of the department to make decisions regarding the child's education under Section 153.371, Family Code, have not been limited by court order.


(b) Except as provided by Section 263.0025, Family Code, a school district must appoint an individual to serve as the surrogate parent for a child if:


(1) the district is unable to identify or locate a parent for a child with a disability; or


(2) the foster parent of a child is unwilling or unable to serve as a parent for the purposes of this subchapter.


(c) A surrogate parent appointed by a school district may not:


(1) be an employee of the agency, the school district, or any other agency involved in the education or care of the child; or


(2) have any interest that conflicts with the interests of the child.


(d) A surrogate parent appointed by a district must:


(1) be willing to serve in that capacity;


(2) exercise independent judgment in pursuing the child's interests;


(3) ensure that the child's due process rights under applicable state and federal laws are not violated;


(4) complete a training program that complies with minimum standards established by agency rule within the time specified in Section 29.015(b);


(5) visit the child and the school where the child is enrolled;


(6) review the child's educational records;


(7) consult with any person involved in the child's education, including the child's:


(A) teachers;


(B) caseworkers;


(C) court-appointed volunteers;


(D) guardian ad litem;


(E) attorney ad litem;


(F) foster parent; and


(G) caregiver; and


(8) attend meetings of the child's admission, review, and dismissal committee.


(e) The district may appoint a person who has been appointed to serve as a child's guardian ad litem or as a court-certified volunteer advocate, as provided under Section 107.031(c), Family Code, as the child's surrogate parent.


(e-1) As soon as practicable after appointing a surrogate parent under this section, a school district shall provide written notice of the appointment to the child's educational decision-maker and caseworker as required under Section 25.007(b)(10)(H).


(f) If a court appoints a surrogate parent for a child with a disability under Section 263.0025, Family Code, and the school district determines that the surrogate parent is not properly performing the duties listed under Subsection (d), the district shall consult with the Department of Family and Protective Services regarding whether another person should be appointed to serve as the surrogate parent for the child.


(g) On receiving notice from a school district under Subsection (f), if the Department of Family and Protective Services agrees with the district that the appointed surrogate parent is unable or unwilling to properly perform the duties required under this section:


(1) the department shall promptly notify the court of the agreement; and


(2) as soon as practicable after receiving notice under Subdivision (1), the court shall:


(A) review the appointment; and


(B) enter any orders necessary to ensure the child has a surrogate parent who performs the duties required under this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 1025 (H.B. 1556), Sec. 2, eff. September 1, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 781 (H.B. 1709), Sec. 2, eff. June 10, 2019.


Sec. 29.016. EVALUATION CONDUCTED PURSUANT TO A SPECIAL EDUCATION DUE PROCESS HEARING. A special education hearing officer in an impartial due process hearing brought under 20 U.S.C. Section 1415 may issue an order or decision that authorizes one or more evaluations of a student who is eligible for, or who is suspected as being eligible for, special education services. Such an order or decision authorizes the evaluation of the student without parental consent as if it were a court order for purposes of any state or federal law providing for consent by order of a court.


Added by Acts 2001, 77th Leg., ch. 767, Sec. 8, eff. June 13, 2001.


Sec. 29.0161. CONTRACT WITH STATE OFFICE OF ADMINISTRATIVE HEARINGS FOR SPECIAL EDUCATION DUE PROCESS HEARINGS. Not later than December 1, 2003, the agency and the State Office of Administrative Hearings shall jointly determine whether it would be cost-effective for the agency to enter an interagency contract with the office under which the office would conduct all or part of the agency's special education due process hearings under 20 U.S.C. Section 1415 and its subsequent amendments.


Added by Acts 2003, 78th Leg., ch. 201, Sec. 18, eff. Sept. 1, 2003.


Sec. 29.0162. REPRESENTATION IN SPECIAL EDUCATION DUE PROCESS HEARING. (a) A person in an impartial due process hearing brought under 20 U.S.C. Section 1415 may be represented by:


(1) an attorney who is licensed in this state; or


(2) an individual who is not an attorney licensed in this state but who has special knowledge or training with respect to problems of children with disabilities and who satisfies qualifications under Subsection (b).


(b) The commissioner by rule shall adopt additional qualifications and requirements for a representative for purposes of Subsection (a)(2). The rules must:


(1) prohibit an individual from being a representative under Subsection (a)(2) opposing a school district if:


(A) the individual has prior employment experience with the district; and


(B) the district raises an objection to the individual serving as a representative;


(2) include requirements that the representative have knowledge of:


(A) special education due process rules, hearings, and procedure; and


(B) federal and state special education laws;


(3) require, if the representative receives monetary compensation from a person for representation in an impartial due process hearing, that the representative agree to abide by a voluntary code of ethics and professional conduct during the period of representation; and


(4) require, if the representative receives monetary compensation from a person for representation in an impartial due process hearing, that the representative enter into a written agreement for representation with the person who is the subject of the special education due process hearing that includes a process for resolving any disputes between the representative and the person.


(c) A special education due process hearing officer shall determine whether an individual satisfies qualifications under Subsections (a)(2) and (b).


(d) The agency is not required to license or in any way other than as provided by Subsection (b) regulate representatives described by Subsection (a)(2) in a special education impartial due process hearing.


(e) The written agreement for representation required under Subsection (b)(4) is considered confidential and may not be disclosed.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1333 (S.B. 709), Sec. 1, eff. June 14, 2013.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 767 (S.B. 2141), Sec. 1, eff. June 12, 2017.


Sec. 29.0163. PROTECTION OF THE RIGHTS OF MILITARY FAMILIES WITH CHILDREN WITH DISABILITIES. (a) In this section, "servicemember" means a member of:


(1) the armed forces;


(2) the Commissioned Corps of the National Oceanic and Atmospheric Administration; or


(3) the Commissioned Corps of the United States Public Health Service.


(b) The agency must include in the notice of procedural safeguards that the statute of limitations for the parent of a student to request an impartial due process hearing under 20 U.S.C. Section 1415(b) may be tolled if the parent is an active-duty servicemember and 50 U.S.C. Section 3936 applies to the parent.


(c) The commissioner shall adopt rules to implement this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 1089 (H.B. 3632), Sec. 1, eff. June 15, 2017.


Sec. 29.017. TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY. (a) A student with a disability who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Chapter 31, Family Code, shall have the same right to make educational decisions as a student without a disability, except that the school district shall provide any notice required by this subchapter or 20 U.S.C. Section 1415 to both the student and the parents. All other rights accorded to parents under this subchapter or 20 U.S.C. Section 1415 transfer to the student.


(b) All rights accorded to parents under this subchapter or 20 U.S.C. Section 1415 transfer to students who are incarcerated in an adult or juvenile, state or local correctional institution.


(c) Not later than one year before the 18th birthday of a student with a disability, the school district at which the student is enrolled shall:


(1) provide to the student and the student's parents:


(A) written notice regarding the transfer of rights under this section; and


(B) information and resources regarding guardianship, alternatives to guardianship, including a supported decision-making agreement under Chapter 1357, Estates Code, and other supports and services that may enable the student to live independently; and


(2) ensure that the student's individualized education program includes a statement that the district provided the notice, information, and resources required under Subdivision (1).


(c-1) In accordance with 34 C.F.R. Section 300.520, the school district shall provide written notice to the student and the student's parents of the transfer of rights under this section. The notice must include the information and resources provided under Subsection (c)(1)(B).


(c-2) If a student with a disability or the student's parent requests information regarding guardianship or alternatives to guardianship from the school district at which the student is enrolled, the school district shall provide to the student or parent information and resources on supported decision-making agreements under Chapter 1357, Estates Code.


(c-3) The commissioner shall develop and post on the agency's Internet website a model form for use by school districts in notifying students and parents as required by Subsections (c) and (c-1). The form must include the information and resources described by Subsection (c). The commissioner shall review and update the form, including the information and resources, as necessary.


(d) The commissioner shall develop and post on the agency's Internet website the information and resources described by Subsections (c), (c-1), and (c-2).


(e) Nothing in this section prohibits a student from entering into a supported decision-making agreement under Chapter 1357, Estates Code, after the transfer of rights under this section.


(f) The commissioner shall adopt rules implementing the provisions of 34 C.F.R. Section 300.520(b).


Added by Acts 2001, 77th Leg., ch. 767, Sec. 8, eff. June 13, 2001.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 574 (S.B. 748), Sec. 3, eff. June 9, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1044 (H.B. 1886), Sec. 4, eff. June 15, 2017.


Sec. 29.018. SPECIAL EDUCATION GRANT. (a) From funds appropriated for the purposes of this section, federal funds, or any other funds available, the commissioner shall make grants available to school districts to assist districts in covering the cost of educating students with disabilities.


(b) A school district is eligible to apply for a grant under this section if:


(1) the district does not receive sufficient funds, including state funds provided under Section 48.102 and federal funds, for a student with disabilities to pay for the special education services provided to the student; or


(2) the district does not receive sufficient funds, including state funds provided under Section 48.102 and federal funds, for all students with disabilities in the district to pay for the special education services provided to the students.


(c) A school district that applies for a grant under this section must provide the commissioner with a report comparing the state and federal funds received by the district for students with disabilities and the expenses incurred by the district in providing special education services to students with disabilities.


(d) Expenses that may be included by a school district in applying for a grant under this section include the cost of training personnel to provide special education services to a student with disabilities.


(e) A school district that receives a grant under this section must educate students with disabilities in the least restrictive environment that is appropriate to meet the student's educational needs.


(f) The commissioner shall adopt rules as necessary to administer this section.


Added by Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 16, eff. September 1, 2009.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.027, eff. September 1, 2019.


Sec. 29.019. INDIVIDUALIZED EDUCATION PROGRAM FACILITATION. (a) The agency shall provide information to parents regarding individualized education program facilitation as an alternative dispute resolution method that may be used to avoid a potential dispute between a school district and a parent of a student with a disability. A district that chooses to use individualized education program facilitation shall provide information to parents regarding individualized education program facilitation. The information:


(1) must be included with other information provided to the parent of a student with a disability, although it may be provided as a separate document; and


(2) may be provided in a written or electronic format.


(b) Information provided by the agency under this section must indicate that individualized education program facilitation is an alternative dispute resolution method that some districts may choose to provide.


(c) If a school district chooses to offer individualized education program facilitation as an alternative dispute resolution method:


(1) the district may determine whether to use independent contractors, district employees, or other qualified individuals as facilitators;


(2) the information provided by the district under this section must include a description of any applicable procedures for requesting the facilitation; and


(3) the facilitation must be provided at no cost to a parent.


(d) The use of any alternative dispute resolution method, including individualized education program facilitation, must be voluntary on the part of the participants, and the use or availability of any such method may not in any manner be used to deny or delay the right to pursue a special education complaint, mediation, or due process hearing in accordance with federal law.


(e) Nothing in this section prohibits a school district from using individualized education program facilitation as the district's preferred method of conducting initial and annual admission, review, and dismissal committee meetings.


(f) The commissioner shall adopt rules necessary to implement this section.


Added by Acts 2013, 83rd Leg., R.S., Ch. 539 (S.B. 542), Sec. 1, eff. June 14, 2013.


Sec. 29.020. INDIVIDUALIZED EDUCATION PROGRAM FACILITATION PROJECT. (a) The agency shall develop rules in accordance with this section applicable to the administration of a state individualized education program facilitation project. The program shall include the provision of an independent individualized education program facilitator to facilitate an admission, review, and dismissal committee meeting with parties who are in a dispute about decisions relating to the provision of a free appropriate public education to a student with a disability. Facilitation implemented under the project must comply with rules developed under this subsection.


(b) The rules must include:


(1) a definition of independent individualized education program facilitation;


(2) forms and procedures for requesting, conducting, and evaluating independent individualized education program facilitation;


(3) training, knowledge, experience, and performance requirements for independent facilitators; and


(4) conditions required to be met in order for the agency to provide individualized education program facilitation at no cost to the parties.


(c) If the commissioner determines that adequate funding is available, the commissioner may authorize the use of federal funds to implement the individualized education program facilitation project in accordance with this section.


(d) The commissioner shall adopt rules necessary to implement this section.


Added by Acts 2013, 83rd Leg., R.S., Ch. 539 (S.B. 542), Sec. 1, eff. June 14, 2013.


Sec. 29.022. VIDEO SURVEILLANCE OF SPECIAL EDUCATION SETTINGS. (a) In order to promote student safety, on receipt of a written request authorized under Subsection (a-1), a school district or open-enrollment charter school shall provide equipment, including a video camera, to the school or schools in the district or the charter school campus or campuses specified in the request. A school or campus that receives equipment as provided by this subsection shall place, operate, and maintain one or more video cameras in self-contained classrooms and other special education settings in which a majority of the students in regular attendance are provided special education and related services and are assigned to one or more self-contained classrooms or other special education settings for at least 50 percent of the instructional day, provided that:


(1) a school or campus that receives equipment as a result of the request by a parent or staff member is required to place equipment only in classrooms or settings in which the parent's child is in regular attendance or to which the staff member is assigned, as applicable; and


(2) a school or campus that receives equipment as a result of the request by a board of trustees, governing body, principal, or assistant principal is required to place equipment only in classrooms or settings identified by the requestor, if the requestor limits the request to specific classrooms or settings subject to this subsection.


(a-1) For purposes of Subsection (a):


(1) a parent of a child who receives special education services in one or more self-contained classrooms or other special education settings may request in writing that equipment be provided to the school or campus at which the child receives those services;


(2) a board of trustees or governing body may request in writing that equipment be provided to one or more specified schools or campuses at which one or more children receive special education services in self-contained classrooms or other special education settings;


(3) the principal or assistant principal of a school or campus at which one or more children receive special education services in self-contained classrooms or other special education settings may request in writing that equipment be provided to the principal's or assistant principal's school or campus; and


(4) a staff member assigned to work with one or more children receiving special education services in self-contained classrooms or other special education settings may request in writing that equipment be provided to the school or campus at which the staff member works.


(a-2) Each school district or open-enrollment charter school shall designate an administrator at the primary administrative office of the district or school with responsibility for coordinating the provision of equipment to schools and campuses in compliance with this section.


(a-3) A written request must be submitted and acted on as follows:


(1) a parent, staff member, or assistant principal must submit a request to the principal or the principal's designee of the school or campus addressed in the request, and the principal or designee must provide a copy of the request to the administrator designated under Subsection (a-2);


(2) a principal must submit a request by the principal to the administrator designated under Subsection (a-2); and


(3) a board of trustees or governing body must submit a request to the administrator designated under Subsection (a-2), and the administrator must provide a copy of the request to the principal or the principal's designee of the school or campus addressed in the request.


(b) A school or campus that places a video camera in a classroom or other special education setting in accordance with Subsection (a) shall operate and maintain the video camera in the classroom or setting, as long as the classroom or setting continues to satisfy the requirements under Subsection (a), for the remainder of the school year in which the school or campus received the request, unless the requestor withdraws the request in writing. If for any reason a school or campus will discontinue operation of a video camera during a school year, not later than the fifth school day before the date the operation of the video camera will be discontinued, the school or campus must notify the parents of each student in regular attendance in the classroom or setting that operation of the video camera will not continue unless requested by a person eligible to make a request under Subsection (a-1). Not later than the 10th school day before the end of each school year, the school or campus must notify the parents of each student in regular attendance in the classroom or setting that operation of the video camera will not continue during the following school year unless a person eligible to make a request for the next school year under Subsection (a-1) submits a new request.


(c) Except as provided by Subsection (c-1), video cameras placed under this section must be capable of:


(1) covering all areas of the classroom or other special education setting, including a room attached to the classroom or setting used for time-out; and


(2) recording audio from all areas of the classroom or other special education setting, including a room attached to the classroom or setting used for time-out.


(c-1) The inside of a bathroom or any area in the classroom or other special education setting in which a student's clothes are changed may not be visually monitored, except for incidental coverage of a minor portion of a bathroom or changing area because of the layout of the classroom or setting.


(d) Before a school or campus activates a video camera in a classroom or other special education setting under this section, the school or campus shall provide written notice of the placement to all school or campus staff and to the parents of each student attending class or engaging in school activities in the classroom or setting.


(e) Except as provided by Subsection (e-1), a school district or open-enrollment charter school shall retain video recorded from a video camera placed under this section for at least three months after the date the video was recorded.


(e-1) If a person described by Subsection (i) requests to view a video recording from a video camera placed under this section, a school district or open-enrollment charter school must retain the recording from the date of receipt of the request until the person has viewed the recording and a determination has been made as to whether the recording documents an alleged incident. If the recording documents an alleged incident, the district or school shall retain the recording until the alleged incident has been resolved, including the exhaustion of all appeals.


(f) A school district or open-enrollment charter school may solicit and accept gifts, grants, and donations from any person for use in placing video cameras in classrooms or other special education settings under this section.


(g) This section does not:


(1) waive any immunity from liability of a school district or open-enrollment charter school, or of district or school officers or employees; or


(2) create any liability for a cause of action against a school district or open-enrollment charter school or against district or school officers or employees.


(h) A school district or open-enrollment charter school may not:


(1) allow regular or continual monitoring of video recorded under this section; or


(2) use video recorded under this section for teacher evaluation or for any other purpose other than the promotion of safety of students receiving special education services in a self-contained classroom or other special education setting.


(i) A video recording of a student made according to this section is confidential and may not be released or viewed except as provided by this subsection or Subsection (i-1) or (j). A school district or open-enrollment charter school shall release a recording for viewing by:


(1) an employee who is involved in an alleged incident that is documented by the recording and has been reported to the district or school, on request of the employee;


(2) a parent of a student who is involved in an alleged incident that is documented by the recording and has been reported to the district or school, on request of the parent;


(3) appropriate Department of Family and Protective Services personnel as part of an investigation under Section 261.406, Family Code;


(4) a peace officer, a school nurse, a district or school administrator trained in de-escalation and restraint techniques as provided by commissioner rule, or a human resources staff member designated by the board of trustees of the school district or the governing body of the open-enrollment charter school in response to a report of an alleged incident or an investigation of district or school personnel or a report of alleged abuse committed by a student; or


(5) appropriate agency or State Board for Educator Certification personnel or agents as part of an investigation.


(i-1) A contractor or employee performing job duties relating to the installation, operation, or maintenance of video equipment or the retention of video recordings who incidentally views a video recording is not in violation of Subsection (i).


(k) The commissioner may adopt rules to implement and administer this section, including rules regarding the special education settings to which this section applies.


(l) A school district or open-enrollment charter school policy relating to the placement, operation, or maintenance of video cameras under this section must:


(1) include information on how a person may appeal an action by the district or school that the person believes to be in violation of this section or a policy adopted in accordance with this section, including the appeals process under Section 7.057;


(2) require that the district or school provide a response to a request made under this section not later than the seventh school business day after receipt of the request by the person to whom it must be submitted under Subsection (a-3) that authorizes the request or states the reason for denying the request;


(3) except as provided by Subdivision (5), require that a school or a campus begin operation of a video camera in compliance with this section not later than the 45th school business day, or the first school day after the 45th school business day if that day is not a school day, after the request is authorized unless the agency grants an extension of time;


(4) permit the parent of a student whose admission, review, and dismissal committee has determined that the student's placement for the following school year will be in a classroom or other special education setting in which a video camera may be placed under this section to make a request for the video camera by the later of:


(A) the date on which the current school year ends; or


(B) the 10th school business day after the date of the placement determination by the admission, review, and dismissal committee; and


(5) if a request is made by a parent in compliance with Subdivision (4), unless the agency grants an extension of time, require that a school or campus begin operation of a video camera in compliance with this section not later than the later of:


(A) the 10th school day of the fall semester; or


(B) the 45th school business day, or the first school day after the 45th school business day if that day is not a school day, after the date the request is made.


(m) A school district, parent, staff member, or administrator may request an expedited review by the agency of the district's:


(1) denial of a request made under this section;


(2) request for an extension of time to begin operation of a video camera under Subsection (l)(3) or (5); or


(3) determination to not release a video recording to a person described by Subsection (i).


(n) If a school district, parent, staff member, or administrator requests an expedited review under Subsection (m), the agency shall notify all other interested parties of the request.


(o) If an expedited review has been requested under Subsection (m), the agency shall issue a preliminary judgment as to whether the district is likely to prevail on the issue under a full review by the agency. If the agency determines that the district is not likely to prevail, the district must fully comply with this section notwithstanding an appeal of the agency's decision. The agency shall notify the requestor and the district, if the district is not the requestor, of the agency's determination.


(p) The commissioner:


(1) shall adopt rules relating to the expedited review process under Subsections (m), (n), and (o), including standards for making a determination under Subsection (o); and


(2) may adopt rules relating to an expedited review process under Subsections (m), (n), and (o) for an open-enrollment charter school.


(q) The agency shall collect data relating to requests made under this section and actions taken by a school district or open-enrollment charter school in response to a request, including the number of requests made, authorized, and denied.


(r) A video recording under this section is a governmental record only for purposes of Section 37.10, Penal Code.


(s) This section applies to the placement, operation, and maintenance of a video camera in a self-contained classroom or other special education setting during the regular school year and extended school year services.


(t) A video camera placed under this section is not required to be in operation for the time during which students are not present in the classroom or other special education setting.


(u) In this section:


(1) "Parent" includes a guardian or other person standing in parental relation to a student.


(2) "School business day" means a day that campus or school district administrative offices are open.


(3) "Self-contained classroom" does not include a classroom that is a resource room instructional arrangement under Section 48.102.


(4) "Staff member" means a teacher, related service provider, paraprofessional, counselor, or educational aide assigned to work in a self-contained classroom or other special education setting.


(5) "Time-out" has the meaning assigned by Section 37.0021.


Added by Acts 2015, 84th Leg., R.S., Ch. 1147 (S.B. 507), Sec. 2, eff. June 19, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 751 (S.B. 1398), Sec. 1, eff. June 12, 2017.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.028, eff. September 1, 2019.


For expiration of this section, see Subsection (f).



Sec. 29.023. NOTICE OF RIGHTS. (a) The agency shall develop a notice for distribution as provided by Subsection (c) and posting on the agency's Internet website that indicates:


(1) the change made from 2016 to 2017 in reporting requirements for school districts and open-enrollment charter schools regarding the special education representation indicator adopted in the Performance-Based Monitoring Analysis System Manual; and


(2) in plain language, the rights of a child under both federal and state law and the general process available to initiate a referral of a child for a full individual and initial evaluation under Section 29.004 to determine the child's eligibility for special education services.


(b) A school district or open-enrollment charter school shall include in the notice developed by the agency under Subsection (a) information indicating where the local processes and procedures for initiating a referral for special education services eligibility evaluation may be found.


(c) By a date established by the commissioner, each school district or open-enrollment charter school shall provide the notice to the parent of each child who attends school in the district or at the school at any time during the 2019-2020 school year. A school district or open-enrollment charter school shall also make the notice available on request to any person. The notice must be available in English and Spanish, and a school district or open-enrollment charter school shall make a good faith effort to provide the notice in the parent's native language if the parent's native language is a language other than English or Spanish.


(d) The notice is in addition to requirements imposed by Section 26.0081.


(e) The commissioner may adopt rules necessary to implement this section.


(f) This section expires September 1, 2023.


Added by Acts 2019, 86th Leg., R.S., Ch. 954 (S.B. 139), Sec. 1, eff. June 14, 2019.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 1525, 87th Legislature, Regular Session, for amendments affecting the following section.



For expiration of this section, see Subsection (o).



Sec. 29.026. GRANT PROGRAM PROVIDING SERVICES TO STUDENTS WITH AUTISM. (a) The commissioner shall establish a program to award grants to school districts and open-enrollment charter schools that provide innovative services to students with autism.


(c) A program is eligible for a grant under this section if:


(1) the program operates as an independent campus or a separate program from the campus in which the program is located, with a separate budget;


(2) the program incorporates:


(A) evidence-based and research-based design;


(B) the use of empirical data on student achievement and improvement;


(C) parental support and collaboration;


(D) the use of technology;


(E) meaningful inclusion; and


(F) the ability to replicate the program for students statewide;


(3) the program gives priority for enrollment to students with autism;


(4) the program limits enrollment and services to students who are:


(A) at least three years of age; and


(B) younger than nine years of age or are enrolled in the third grade or a lower grade level; and


(5) the program allows a student who turns nine years of age or older during a school year to remain in the program until the end of that school year.


(d) A school district or open-enrollment charter school may not:


(1) charge a fee for the program, other than those authorized by law for students in public schools;


(2) require a parent to enroll a child in the program;


(3) allow an admission, review, and dismissal committee to place a student in the program without the written consent of the student's parent or guardian; or


(4) continue the placement of a student in the program after the student's parent or guardian revokes consent, in writing, to the student's placement in the program.


(e) A program under this section may:


(1) alter the length of the school day or school year or the number of minutes of instruction received by students;


(2) coordinate services with private or community-based providers;


(3) allow the enrollment of students without disabilities or with other disabilities, if approved by the commissioner; and


(4) adopt staff qualifications and staff to student ratios that differ from the applicable requirements of this title.


(f) The commissioner shall adopt rules creating an application and selection process for grants awarded under this section.


(g) The commissioner shall create an external panel of stakeholders, including parents of students with disabilities, to provide assistance in the selection of applications for the award of grants under this section.


(h) The commissioner shall award grants to fund not more than 10 programs that meet the eligibility criteria under Subsection (c). In selecting programs, the commissioner shall prioritize programs that are collaborations between multiple school districts, multiple charter schools, or school districts and charter schools. The selected programs must reflect the diversity of this state.


(i) The commissioner shall select programs and award grant funds to those programs beginning in the 2018-2019 school year. The selected programs are to be funded for two years.


(j) A grant awarded to a school district or open-enrollment charter school under this section is in addition to the Foundation School Program funds that the district or charter school is otherwise entitled to receive. A grant awarded under this section may not come out of Foundation School Program funds.


(k) The commissioner shall set aside an amount not to exceed $20 million from the total amount of funds appropriated for the 2018-2019 fiscal biennium to fund grants under this section. The commissioner shall use $10 million for the purposes of this section for each school year in the state fiscal biennium. A grant recipient may not receive more than $1 million for the 2018-2019 fiscal biennium. The commissioner shall reduce each district's and charter school's allotment proportionally to account for funds allocated under this section.


(l) The commissioner and any program selected under this section may accept gifts, grants, and donations from any public or private source, person, or group to implement and administer the program. The commissioner and any program selected under this section may not require any financial contribution from parents to implement and administer the program.


(m) The commissioner may consider a student with autism who is enrolled in a program funded under this section as funded in a mainstream placement, regardless of the amount of time the student receives services in a regular classroom setting.


(n) Not later than December 31, 2020, the commissioner shall publish a report on the grant program established under this section. The report must include:


(1) recommendations for statutory or funding changes necessary to implement successful innovations in the education of students with autism; and


(2) data on the academic and functional achievements of students enrolled in a program that received a grant under this section.


(o) This section expires September 1, 2021.


Added by Acts 2017, 85th Leg., 1st C.S., Ch. 8 (H.B. 21), Sec. 3, eff. November 14, 2017.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 1525, 87th Legislature, Regular Session, for amendments affecting the following section.



For expiration of this section, see Subsection (o).



Sec. 29.027. GRANT PROGRAM PROVIDING SERVICES TO STUDENTS WITH DYSLEXIA. (a) The commissioner shall establish a program to award grants to school districts and open-enrollment charter schools that provide innovative services to students with dyslexia.


(c) A program is eligible for a grant under this section if:


(1) the program operates as an independent campus or a separate program from the campus in which the program is located, with a separate budget;


(2) the program incorporates:


(A) evidence-based and research-based design;


(B) the use of empirical data on student achievement and improvement;


(C) parental support and collaboration;


(D) the use of technology;


(E) meaningful inclusion; and


(F) the ability to replicate the program for students statewide;


(3) the program gives priority for enrollment to students with dyslexia;


(4) the program limits enrollment and services to students who are:


(A) at least three years of age; and


(B) younger than nine years of age or are enrolled in the third grade or a lower grade level; and


(5) the program allows a student who turns nine years of age or older during a school year to remain in the program until the end of that school year.


(d) A school district or open-enrollment charter school may not:


(1) charge a fee for the program, other than those authorized by law for students in public schools;


(2) require a parent to enroll a child in the program;


(3) allow an admission, review, and dismissal committee to place a student in the program without the written consent of the student's parent or guardian; or


(4) continue the placement of a student in the program after the student's parent or guardian revokes consent, in writing, to the student's placement in the program.


(e) A program under this section may:


(1) alter the length of the school day or school year or the number of minutes of instruction received by students;


(2) coordinate services with private or community-based providers;


(3) allow the enrollment of students without disabilities or with other disabilities, if approved by the commissioner; and


(4) adopt staff qualifications and staff to student ratios that differ from the applicable requirements of this title.


(f) The commissioner shall adopt rules creating an application and selection process for grants awarded under this section.


(g) The commissioner shall create an external panel of stakeholders, including parents of students with disabilities, to provide assistance in the selection of applications for the award of grants under this section.


(h) The commissioner shall award grants to fund not more than 10 programs that meet the eligibility criteria under Subsection (c). In selecting programs, the commissioner shall prioritize programs that are collaborations between multiple school districts, multiple charter schools, or school districts and charter schools. The selected programs must reflect the diversity of this state.


(i) The commissioner shall select programs and award grant funds to those programs beginning in the 2018-2019 school year. The selected programs are to be funded for two years.


(j) A grant awarded to a school district or open-enrollment charter school under this section is in addition to the Foundation School Program funds that the district or charter school is otherwise entitled to receive. A grant awarded under this section may not come out of Foundation School Program funds.


(k) The commissioner shall set aside an amount not to exceed $20 million from the total amount of funds appropriated for the 2018-2019 fiscal biennium to fund grants under this section. The commissioner shall use $10 million for the purposes of this section for each school year in the state fiscal biennium. A grant recipient may not receive more than $1 million for the 2018-2019 fiscal biennium. The commissioner shall reduce each district's and charter school's allotment proportionally to account for funds allocated under this section.


(l) The commissioner and any program selected under this section may accept gifts, grants, and donations from any public or private source, person, or group to implement and administer the program. The commissioner and any program selected under this section may not require any financial contribution from parents to implement and administer the program.


(m) The commissioner may consider a student with dyslexia who is enrolled in a program funded under this section as funded in a mainstream placement, regardless of the amount of time the student receives services in a regular classroom setting.


(n) Not later than December 31, 2020, the commissioner shall publish a report on the grant program established under this section. The report must include:


(1) recommendations for statutory or funding changes necessary to implement successful innovations in the education of students with dyslexia; and


(2) data on the academic and functional achievements of students enrolled in a program that received a grant under this section.


(o) This section expires September 1, 2021.


Added by Acts 2017, 85th Leg., 1st C.S., Ch. 8 (H.B. 21), Sec. 3, eff. November 14, 2017.


SUBCHAPTER B. BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAMS



The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.051. STATE POLICY. English is the basic language of this state. Public schools are responsible for providing a full opportunity for all students to become competent in speaking, reading, writing, and comprehending the English language. Large numbers of students in the state come from environments in which the primary language is other than English. Experience has shown that public school classes in which instruction is given only in English are often inadequate for the education of those students. The mastery of basic English language skills is a prerequisite for effective participation in the state's educational program. Bilingual education and special language programs can meet the needs of those students and facilitate their integration into the regular school curriculum. Therefore, in accordance with the policy of the state to ensure equal educational opportunity to every student, and in recognition of the educational needs of students of limited English proficiency, this subchapter provides for the establishment of bilingual education and special language programs in the public schools and provides supplemental financial assistance to help school districts meet the extra costs of the programs.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.052. DEFINITIONS. In this subchapter:


(1) "Student of limited English proficiency" means a student whose primary language is other than English and whose English language skills are such that the student has difficulty performing ordinary classwork in English.


(2) "Parent" includes a legal guardian of a student.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.053. ESTABLISHMENT OF BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAMS. (a) The agency shall establish a procedure for identifying school districts that are required to offer bilingual education and special language programs in accordance with this subchapter.


(b) Within the first four weeks following the first day of school, the language proficiency assessment committee established under Section 29.063 shall determine and report to the board of trustees of the district the number of students of limited English proficiency on each campus and shall classify each student according to the language in which the student possesses primary proficiency. The board shall report that information to the agency before November 1 each year.


(c) Each district with an enrollment of 20 or more students of limited English proficiency in any language classification in the same grade level shall offer a bilingual education or special language program.


(d) Each district that is required to offer bilingual education and special language programs under this section shall offer the following for students of limited English proficiency:


(1) bilingual education in kindergarten through the elementary grades;


(2) bilingual education, instruction in English as a second language, or other transitional language instruction approved by the agency in post-elementary grades through grade 8; and


(3) instruction in English as a second language in grades 9 through 12.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.054. EXCEPTION. (a) If a program other than bilingual education must be used in kindergarten through the elementary grades, documentation for the exception must be filed with and approved by the agency.


(b) An application for an exception may be filed with the agency when a district is unable to hire a sufficient number of teachers with teaching certificates appropriate for bilingual education instruction to staff the required program. The application must be accompanied by:


(1) documentation showing that the district has taken all reasonable affirmative steps to secure teachers with teaching certificates appropriate for bilingual education instruction and has failed;


(2) documentation showing that the district has affirmative hiring policies and procedures consistent with the need to serve limited English proficiency students;


(3) documentation showing that, on the basis of district records, no teacher having a teaching certificate appropriate for bilingual instruction or emergency credentials has been unjustifiably denied employment by the district within the past 12 months; and


(4) a plan detailing specific measures to be used by the district to eliminate the conditions that created the need for an exception.


(c) An exception shall be granted under this section on an individual district basis and is valid for only one year. Application for an exception for a second or succeeding year must be accompanied by the documentation prescribed by Subsection (b).


(d) During the period for which a district is granted an exception under this section, the district must use alternative methods approved by the agency to meet the needs of its students of limited English proficiency, including hiring teaching personnel under a bilingual emergency permit.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.055. PROGRAM CONTENT; METHOD OF INSTRUCTION. (a) A bilingual education program established by a school district shall be a full-time program of dual-language instruction that provides for learning basic skills in the primary language of the students enrolled in the program and for carefully structured and sequenced mastery of English language skills. A program of instruction in English as a second language established by a school district shall be a program of intensive instruction in English from teachers trained in recognizing and dealing with language differences.


(b) A program of bilingual education or of instruction in English as a second language shall be designed to consider the students' learning experiences and shall incorporate the cultural aspects of the students' backgrounds.


(c) In subjects such as art, music, and physical education, students of limited English proficiency shall participate fully with English-speaking students in regular classes provided in the subjects.


(d) Elective courses included in the curriculum may be taught in a language other than English.


(e) Each school district shall provide students enrolled in the program a meaningful opportunity to participate fully with other students in all extracurricular activities.


(f) If money is appropriated for the purpose, the agency shall establish a limited number of pilot programs for the purpose of examining alternative methods of instruction in bilingual education and special language programs.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.056. ENROLLMENT OF STUDENTS IN PROGRAM. (a) The agency shall establish standardized criteria for the identification, assessment, and classification of students of limited English proficiency eligible for entry into the program or exit from the program. The student's parent must approve a student's entry into the program, exit from the program, or placement in the program. The school district or parent may appeal the decision under Section 29.064. The criteria for identification, assessment, and classification may include:


(1) results of a home language survey conducted within four weeks of each student's enrollment to determine the language normally used in the home and the language normally used by the student, conducted in English and the home language, signed by the student's parents if the student is in kindergarten through grade 8 or by the student if the student is in grades 9 through 12, and kept in the student's permanent folder by the language proficiency assessment committee;


(2) the results of an agency-approved English language proficiency test administered to all students identified through the home survey as normally speaking a language other than English to determine the level of English language proficiency, with students in kindergarten or grade 1 being administered an oral English proficiency test and students in grades 2 through 12 being administered an oral and written English proficiency test; and


(3) the results of an agency-approved proficiency test in the primary language administered to all students identified under Subdivision (2) as being of limited English proficiency to determine the level of primary language proficiency, with students in kindergarten or grade 1 being administered an oral primary language proficiency test and students in grades 2 through 12 being administered an oral and written primary language proficiency test.


(b) Tests under Subsection (a) shall be administered by professionals or paraprofessionals with the appropriate English and primary language skills and the training required by the test publisher.


(c) The language proficiency assessment committee may classify a student as limited English proficiency if:


(1) the student's ability in English is so limited or the student's disabilities are so severe that assessment procedures cannot be administered;


(2) the student's score or relative degree of achievement on the agency-approved English proficiency test is below the levels established by the agency as indicative of reasonable proficiency;


(3) the student's primary language proficiency score as measured by an agency-approved test is greater than the student's proficiency in English; or


(4) the language proficiency assessment committee determines, based on other information, including a teacher evaluation, parental viewpoint, or student interview, that the student's primary language proficiency is greater than the student's proficiency in English or that the student is not reasonably proficient in English.


(d) Not later than the 10th day after the date of the student's classification as a student of limited English proficiency, the language proficiency assessment committee shall give written notice of the classification to the student's parent. The notice must be in English and the parent's primary language. The parents of students eligible to participate in the required bilingual education program shall be informed of the benefits of the bilingual education or special language program and that it is an integral part of the school program.


(e) The language proficiency assessment committee may retain, for documentation purposes, all records obtained under this section.


(f) The district may not refuse to provide instruction in a language other than English to a student solely because the student has a disability.


(g) A district may transfer a student of limited English proficiency out of a bilingual education or special language program for the first time or a subsequent time if the student is able to participate equally in a regular all-English instructional program as determined by:


(1) agency-approved tests administered at the end of each school year to determine the extent to which the student has developed oral and written language proficiency and specific language skills in English;


(2) satisfactory performance on the reading assessment instrument under Section 39.023(a) or an English language arts assessment instrument under Section 39.023(c), as applicable, with the assessment instrument administered in English, or, if the student is enrolled in the first or second grade, an achievement score at or above the 40th percentile in the reading and language arts sections of an English standardized test approved by the agency; and


(3) agency-approved criterion-referenced tests and the results of a subjective teacher evaluation.


(h) If later evidence suggests that a student who has been transferred out of a bilingual education or special language program has inadequate English proficiency and achievement, the language proficiency assessment committee may reenroll the student in the program. Classification of students for reenrollment must be based on the criteria required by this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.06, eff. May 31, 2006.


Sec. 29.0561. EVALUATION OF TRANSFERRED STUDENTS; REENROLLMENT. (a) The language proficiency assessment committee shall reevaluate a student who is transferred out of a bilingual education or special language program under Section 29.056(g) if the student earns a failing grade in a subject in the foundation curriculum under Section 28.002(a)(1) during any grading period in the first two school years after the student is transferred to determine whether the student should be reenrolled in a bilingual education or special language program.


(b) During the first two school years after a student is transferred out of a bilingual education or special language program under Section 29.056(g), the language proficiency assessment committee shall review the student's performance and consider:


(1) the total amount of time the student was enrolled in a bilingual education or special language program;


(2) the student's grades each grading period in each subject in the foundation curriculum under Section 28.002(a)(1);


(3) the student's performance on each assessment instrument administered under Section 39.023(a) or (c);


(4) the number of credits the student has earned toward high school graduation, if applicable; and


(5) any disciplinary actions taken against the student under Subchapter A, Chapter 37.


(c) After an evaluation under this section, the language proficiency assessment committee may require intensive instruction for the student or reenroll the student in a bilingual education or special language program.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.07, eff. May 31, 2006.


Sec. 29.057. FACILITIES; CLASSES. (a) Bilingual education and special language programs must be located in the regular public schools of the district rather than in separate facilities.


(b) Students enrolled in bilingual education or a special language program shall be placed in classes with other students of approximately the same age and level of educational attainment. The school district shall ensure that the instruction given each student is appropriate to the student's level of educational attainment, and the district shall keep adequate records of the educational level and progress of each student enrolled in the program.


(c) The maximum student-teacher ratio shall be set by the agency and shall reflect the special educational needs of students enrolled in the programs.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.058. ENROLLMENT OF STUDENTS WHO DO NOT HAVE LIMITED ENGLISH PROFICIENCY. With the approval of the school district and a student's parents, a student who does not have limited English proficiency may also participate in a bilingual education program. The number of participating students who do not have limited English proficiency may not exceed 40 percent of the number of students enrolled in the program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.059. COOPERATION AMONG DISTRICTS. (a) A school district may join with one or more other districts to provide the bilingual education and special language programs required by this subchapter. The availability of the programs shall be publicized throughout the districts involved.


(b) A school district may allow a nonresident student of limited English proficiency to enroll in or attend its bilingual education or special language programs if the student's district of residence does not provide an appropriate program. The tuition for the student shall be paid by the district in which the student resides.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.060. PRESCHOOL, SUMMER SCHOOL, AND EXTENDED TIME PROGRAMS. (a) Each school district that is required to offer a bilingual education or special language program shall offer a voluntary program for children of limited English proficiency who will be eligible for admission to kindergarten or the first grade at the beginning of the next school year. A school that operates on a system permitted by this code other than a semester system shall offer 120 hours of instruction on a schedule the board of trustees of the district establishes. A school that operates on a semester system shall offer the program:


(1) during the period school is recessed for the summer; and


(2) for one-half day for eight weeks or on a similar schedule approved by the board of trustees.


(b) Enrollment of a child in the program is optional with the parent of the child.


(c) The program must be an intensive bilingual education or special language program that meets standards established by the agency. The student/teacher ratio for the program may not exceed 18/1.


(d) A school district may establish on a full- or part-time basis other summer school, extended day, or extended week bilingual education or special language programs for students of limited English proficiency and may join with other districts in establishing the programs.


(e) The programs required or authorized by this section may not be a substitute for programs required to be provided during the regular school year.


(f) The legislature may appropriate money from the foundation school fund for support of a program under Subsection (a).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.061. BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAM TEACHERS. (a) The State Board for Educator Certification shall provide for the issuance of teaching certificates appropriate for bilingual education instruction to teachers who possess a speaking, reading, and writing ability in a language other than English in which bilingual education programs are offered and who meet the general requirements of Chapter 21. The board shall also provide for the issuance of teaching certificates appropriate for teaching English as a second language. The board may issue emergency endorsements in bilingual education and in teaching English as a second language.


(b) A teacher assigned to a bilingual education program using one of the following program models must be appropriately certified for bilingual education by the board:


(1) transitional bilingual/early exit program model; or


(2) transitional bilingual/late exit program model.


(b-1) A teacher assigned to a bilingual education program using a dual language immersion/one-way or two-way program model must be appropriately certified by the board for:


(1) bilingual education for the component of the program provided in a language other than English; and


(2) bilingual education or English as a second language for the component of the program provided in English.


(b-2) A school district that provides a bilingual education program using a dual language immersion/one-way or two-way program model may assign a teacher certified under Subsection (b-1)(1) for the language other than English component of the program and a different teacher certified under Subsection (b-1)(2) for the English language component.


(c) A teacher assigned to an English as a second language program must be appropriately certified for English as a second language by the board.


(d) A school district may compensate a bilingual education or special language teacher for participating in a continuing education program that is in addition to the teacher's regular contract. The continuing education program must be designed to provide advanced bilingual education or special language program endorsement or skills.


(e) The State Board for Educator Certification and the Texas Higher Education Coordinating Board shall develop a comprehensive plan for meeting the teacher supply needs created by the programs outlined in this subchapter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 453 (H.B. 218), Sec. 1, eff. June 15, 2015.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.062. COMPLIANCE. (a) The legislature recognizes that compliance with this subchapter is an imperative public necessity. Therefore, in accordance with the policy of the state, the agency shall evaluate the effectiveness of programs under this subchapter based on the achievement indicators adopted under Section 39.053(c), including the results of assessment instruments. The agency may combine evaluations under this section with federal accountability measures concerning students of limited English proficiency.


(b) The areas to be monitored shall include:


(1) program content and design;


(2) program coverage;


(3) identification procedures;


(4) classification procedures;


(5) staffing;


(6) learning materials;


(7) testing materials;


(8) reclassification of students for either entry into regular classes conducted exclusively in English or reentry into a bilingual education or special education program; and


(9) activities of the language proficiency assessment committees.


(c) Not later than the 30th day after the date of an on-site monitoring inspection, the agency shall report its findings to the school district or open-enrollment charter school and to the division of accreditation.


(d) The agency shall notify a school district or open-enrollment charter school found in noncompliance in writing, not later than the 30th day after the date of the on-site monitoring. The district or open-enrollment charter school shall take immediate corrective action.


(e) If a school district or open-enrollment charter school fails to satisfy appropriate standards adopted by the commissioner for purposes of Subsection (a), the agency shall apply sanctions, which may include the removal of accreditation, loss of foundation school funds, or both.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 19, eff. Sept. 1, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 33, eff. June 19, 2009.


Acts 2015, 84th Leg., R.S., Ch. 1094 (H.B. 2804), Sec. 12, eff. June 19, 2015.


Acts 2017, 85th Leg., R.S., Ch. 807 (H.B. 22), Sec. 4, eff. June 15, 2017.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 1267 and S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.063. LANGUAGE PROFICIENCY ASSESSMENT COMMITTEES. (a) Each school district that is required to offer bilingual education and special language programs shall establish a language proficiency assessment committee.


(b) Each committee shall include a professional bilingual educator, a professional transitional language educator, a parent of a limited English proficiency student, and a campus administrator.


(c) The language proficiency assessment committee shall:


(1) review all pertinent information on limited English proficiency students, including the home language survey, the language proficiency tests in English and the primary language, each student's achievement in content areas, and each student's emotional and social attainment;


(2) make recommendations concerning the most appropriate placement for the educational advancement of the limited English proficiency student after the elementary grades;


(3) review each limited English proficiency student's progress at the end of the school year in order to determine future appropriate placement;


(4) monitor the progress of students formerly classified as limited English proficiency who have transferred out of the bilingual education or special language program and, based on the information, designate the most appropriate placement for such students; and


(5) determine the appropriateness of a program that extends beyond the regular school year based on the needs of each limited English proficiency student.


(d) The agency may prescribe additional duties for language proficiency assessment committees.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.064. APPEALS. A parent of a student enrolled in a school district offering bilingual education or special language programs may appeal to the commissioner if the district fails to comply with the requirements established by law or by the agency as authorized by this subchapter. If the parent disagrees with the placement of the student in the program, the parent may appeal that decision to the board of trustees. Appeals shall be conducted in accordance with procedures adopted by the commissioner.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.065. ASSISTANCE BY AGENCY. The agency shall develop tools to assist school districts and open-enrollment charter schools in implementing bilingual education and special language programs under this chapter.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.016, eff. June 12, 2019.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.066. PEIMS REPORTING REQUIREMENTS. (a) A school district that is required to offer bilingual education or special language programs shall include the following information in the district's Public Education Information Management System (PEIMS) report:


(1) demographic information, as determined by the commissioner, on students enrolled in district bilingual education or special language programs;


(2) the number and percentage of students enrolled in each instructional model of a bilingual education or special language program offered by the district; and


(3) the number and percentage of students identified as students of limited English proficiency who do not receive specialized instruction.


(b) For purposes of this section, the commissioner shall adopt rules to classify programs under this section as follows:


(1) if the program is a bilingual education program, the program must be classified under the Public Education Information Management System (PEIMS) report as:


(A) transitional bilingual/early exit: a bilingual program that serves students identified as students of limited English proficiency in both English and Spanish and transfers a student to English-only instruction not earlier than two or later than five years after the student enrolls in school;


(B) transitional bilingual/late exit: a bilingual program that serves students identified as students of limited English proficiency in both English and Spanish and transfers a student to English-only instruction not earlier than six or later than seven years after the student enrolls in school;


(C) dual language immersion/two-way: a biliteracy program that integrates students proficient in English and students identified as students of limited English proficiency in both English and Spanish and transfers a student identified as a student of limited English proficiency to English-only instruction not earlier than six or later than seven years after the student enrolls in school; or


(D) dual language immersion/one-way: a biliteracy program that serves only students identified as students of limited English proficiency in both English and Spanish and transfers a student to English-only instruction not earlier than six or later than seven years after the student enrolls in school; and


(2) if the program is a special language program, the program must be classified under the Public Education Information Management System (PEIMS) report as:


(A) English as a second language/content-based: an English program that serves students identified as students of limited English proficiency in English only by providing a full-time teacher certified under Section 29.061(c) to provide supplementary instruction for all content area instruction; or


(B) English as a second language/pull-out: an English program that serves students identified as students of limited English proficiency in English only by providing a part-time teacher certified under Section 29.061(c) to provide English language arts instruction exclusively, while the student remains in a mainstream instructional arrangement in the remaining content areas.


(c) If the school district has received a waiver and is not required to offer a bilingual education or special language program in a student's native language or if the student's parents have refused to approve the student's entry into a program as provided by Section 29.056, the program must be classified under the Public Education Information Management System (PEIMS) report as: no bilingual education or special language services provided.


Added by Acts 2007, 80th Leg., R.S., Ch. 1340 (S.B. 1871), Sec. 2, eff. June 15, 2007.


SUBCHAPTER C. COMPENSATORY EDUCATION PROGRAMS



The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 1697, H.B. 572, H.B. 3607, S.B. 1615 and S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.081. COMPENSATORY, INTENSIVE, AND ACCELERATED INSTRUCTION. (a) Each school district shall use the student performance data resulting from the basic skills assessment instruments and achievement tests administered under Subchapter B, Chapter 39, to design and implement appropriate compensatory, intensive, or accelerated instructional services for students in the district's schools that enable the students to be performing at grade level at the conclusion of the next regular school term.


(b) Each district shall provide accelerated instruction to a student enrolled in the district who has taken an end-of-course assessment instrument administered under Section 39.023(c) and has not performed satisfactorily on the assessment instrument or who is at risk of dropping out of school.


(b-1) Each school district shall offer before the next scheduled administration of the assessment instrument, without cost to the student, additional accelerated instruction to each student in any subject in which the student failed to perform satisfactorily on an end-of-course assessment instrument required for graduation.


(b-2) A district that is required to provide accelerated instruction under Subsection (b-1) shall separately budget sufficient funds, including funds under Section 48.104, for that purpose.


(b-3) A district shall evaluate the effectiveness of accelerated instruction programs under Subsection (b-1) and annually hold a public hearing to consider the results.


(c) Each school district shall evaluate and document the effectiveness of the accelerated instruction in reducing any disparity in performance on assessment instruments administered under Subchapter B, Chapter 39, or disparity in the rates of high school completion between students at risk of dropping out of school and all other district students.


Text of subsection as amended by Acts 2019, 86th Leg., R.S., Ch. 403 (S.B. 1746), Sec. 1



(d) For purposes of this section, "student at risk of dropping out of school" includes each student who is under 26 years of age and who:


(1) was not advanced from one grade level to the next for one or more school years;


(2) if the student is in grade 7, 8, 9, 10, 11, or 12, did not maintain an average equivalent to 70 on a scale of 100 in two or more subjects in the foundation curriculum during a semester in the preceding or current school year or is not maintaining such an average in two or more subjects in the foundation curriculum in the current semester;


(3) did not perform satisfactorily on an assessment instrument administered to the student under Subchapter B, Chapter 39, and who has not in the previous or current school year subsequently performed on that instrument or another appropriate instrument at a level equal to at least 110 percent of the level of satisfactory performance on that instrument;


(4) if the student is in prekindergarten, kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on a readiness test or assessment instrument administered during the current school year;


(5) is pregnant or is a parent;


(6) has been placed in an alternative education program in accordance with Section 37.006 during the preceding or current school year;


(7) has been expelled in accordance with Section 37.007 during the preceding or current school year;


(8) is currently on parole, probation, deferred prosecution, or other conditional release;


(9) was previously reported through the Public Education Information Management System (PEIMS) to have dropped out of school;


(10) is a student of limited English proficiency, as defined by Section 29.052;


(11) is in the custody or care of the Department of Family and Protective Services or has, during the current school year, been referred to the department by a school official, officer of the juvenile court, or law enforcement official;


(12) is homeless, as defined by 42 U.S.C. Section 11302, and its subsequent amendments;


(13) resided in the preceding school year or resides in the current school year in a residential placement facility in the district, including a detention facility, substance abuse treatment facility, emergency shelter, psychiatric hospital, halfway house, cottage home operation, specialized child-care home, or general residential operation; or


(14) has been incarcerated or has a parent or guardian who has been incarcerated, within the lifetime of the student, in a penal institution as defined by Section 1.07, Penal Code.


Text of subsection as amended by Acts 2019, 86th Leg., R.S., Ch. 1060 (H.B. 1051), Sec. 2, and Ch. 597 (S.B. 668), Sec. 1.06



(d) For purposes of this section, "student at risk of dropping out of school" includes each student who:


(1) is under 26 years of age and who:


(A) was not advanced from one grade level to the next for one or more school years;


(B) if the student is in grade 7, 8, 9, 10, 11, or 12, did not maintain an average equivalent to 70 on a scale of 100 in two or more subjects in the foundation curriculum during a semester in the preceding or current school year or is not maintaining such an average in two or more subjects in the foundation curriculum in the current semester;


(C) did not perform satisfactorily on an assessment instrument administered to the student under Subchapter B, Chapter 39, and who has not in the previous or current school year subsequently performed on that instrument or another appropriate instrument at a level equal to at least 110 percent of the level of satisfactory performance on that instrument;


(D) if the student is in prekindergarten, kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on a readiness test or assessment instrument administered during the current school year;


(E) is pregnant or is a parent;


(F) has been placed in an alternative education program in accordance with Section 37.006 during the preceding or current school year;


(G) has been expelled in accordance with Section 37.007 during the preceding or current school year;


(H) is currently on parole, probation, deferred prosecution, or other conditional release;


(I) was previously reported through the Public Education Information Management System (PEIMS) to have dropped out of school;


(J) is a student of limited English proficiency, as defined by Section 29.052;


(K) is in the custody or care of the Department of Family and Protective Services or has, during the current school year, been referred to the department by a school official, officer of the juvenile court, or law enforcement official;


(L) is homeless; or


(M) resided in the preceding school year or resides in the current school year in a residential placement facility in the district, including a detention facility, substance abuse treatment facility, emergency shelter, psychiatric hospital, halfway house, cottage home operation, specialized child-care home, or general residential operation; or


(2) regardless of the student's age, participates in an adult education program provided under a high school diploma and industry certification charter school program under Section 29.259.


(d-1) Notwithstanding Subsection (d)(1)(A), a student is not considered a student at risk of dropping out of school if the student did not advance from prekindergarten or kindergarten to the next grade level only as the result of the request of the student's parent.


(e) A school district may use a private or public community-based dropout recovery education program to provide alternative education programs for students at risk of dropping out of school. The program may be offered:


(1) at a campus; or


(2) through the use of an Internet online program that leads to a high school diploma and prepares the student to enter the workforce.


(e-1) A campus-based dropout recovery education program must:


(1) provide not less than four hours of instructional time per day;


(2) employ as faculty and administrators persons with baccalaureate or advanced degrees;


(3) provide at least one instructor for each 28 students;


(4) perform satisfactorily according to performance indicators and accountability standards adopted for alternative education programs by the commissioner; and


(5) comply with this title and rules adopted under this title except as otherwise provided by this subsection.


(e-2) An Internet online dropout recovery education program must:


(1) include as a part of its curriculum credentials, certifications, or other course offerings that relate directly to employment opportunities in the state;


(2) employ as faculty and administrators persons with baccalaureate or advanced degrees;


(3) provide an academic coach and local advocate for each student;


(4) use an individual learning plan to monitor each student's progress;


(5) establish satisfactory requirements for the monthly progress of students according to standards set by the commissioner;


(6) provide a monthly report to the student's school district regarding the student's progress;


(7) perform satisfactorily according to performance indicators and accountability standards adopted for alternative education programs by the commissioner; and


(8) comply with this title and rules adopted under this title except as otherwise provided by this subsection.


(f) The commissioner shall include students in attendance in a program under Subsection (e) in the computation of the district's average daily attendance for funding purposes.


(g) In addition to students described by Subsection (d), a student who satisfies local eligibility criteria adopted by the board of trustees of a school district may receive instructional services under this section. The number of students receiving services under this subsection during a school year may not exceed 10 percent of the number of students described by Subsection (d) who received services from the district during the preceding school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1588, Sec. 1, eff. Aug. 30, 1999; Acts 2001, 77th Leg., ch. 725, Sec. 1, 2, eff. June 13, 2001.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 4, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 690 (H.B. 2703), Sec. 1, eff. June 19, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 20, eff. June 10, 2013.


Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 2, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1094 (H.B. 3706), Sec. 1, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 403 (S.B. 1746), Sec. 1, eff. June 2, 2019.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.06, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.029, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1060 (H.B. 1051), Sec. 2, eff. June 14, 2019.


Sec. 29.082. OPTIONAL EXTENDED YEAR PROGRAM. (a) A school district may set aside an amount from the district's allotment under Section 48.104 or may apply to the agency for funding of an extended year program for a period not to exceed 30 instructional days for students in:


(1) kindergarten through grade 11 who are identified as likely not to be promoted to the next grade level for the succeeding school year; or


(2) grade 12 who are identified as likely not to graduate from high school before the beginning of the succeeding school year.


(b) The commissioner may adopt rules for the administration of programs provided under this section.


(c) A school district may not enroll more than 16 students in a class provided under this section.


(d) Each class provided under this section shall be taught by a teacher who has completed successfully a program that provides training to teach a class under this section and that satisfies standards the commissioner establishes.


(e) A student who attends at least 90 percent of the program days of a program under this section and who satisfies the requirements for promotion prescribed by Section 28.021 shall be promoted to the next grade level at the beginning of the next school year unless a parent of the student presents a written request to the school principal that the student not be promoted to the next grade level. As soon as practicable after receiving the request from a parent, the principal shall hold a formal meeting with the student's parent, extended year program teacher, and school counselor. During the meeting, the principal, teacher, or school counselor shall explain the longitudinal statistics on the academic performance of students who are not promoted to the next grade level and provide information on the effect of retention on a student's self-esteem and on the likelihood of a student dropping out of school. After the meeting, the parent may withdraw the request that the student not be promoted to the next grade level. If the parent of a student eligible for promotion under this subsection withdraws the request, the student shall be promoted. If a student is promoted under this subsection, the school district shall continue to use innovative practices to ensure that the student is successful in school in succeeding years.


(f) A school district that provides a program under this section shall adopt a policy designed to lead to immediate reduction and ultimate elimination of student retention.


(g) A school district shall provide transportation to each student who is required to attend a program under this section and who is eligible for regular transportation services.


(h) The commissioner shall give priority to applications for extended year programs to districts with high concentrations of educationally disadvantaged students.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 738, Sec. 1, eff. June 17, 1997; Acts 2003, 78th Leg., ch. 1212, Sec. 8, eff. June 20, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 17, eff. September 1, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 22, eff. June 14, 2013.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.030, eff. September 1, 2019.


Sec. 29.0821. OPTIONAL FLEXIBLE YEAR PROGRAM. (a) A school district may provide a flexible year program for students who did not or are likely not to perform successfully on an assessment instrument administered under Section 39.023 or who would not otherwise be promoted to the next grade level.


(b) To enable a school district to provide additional instructional days for a program under this section, with the approval of the commissioner, a school district may:


(1) provide a number of days of instruction during the regular school year that is not more than 10 days fewer than the number required under Section 25.081(a); and


(2) use for instructional purposes not more than five days that would otherwise be used for staff development or teacher preparation.


(c) Notwithstanding any reduction in the number of instructional days in the regular school year or in the number of staff development days, each educator employed under a 10-month contract must provide the minimum days of service required under Section 21.401.


(d) A school district may require educational support personnel to provide service as necessary for an optional flexible year program.


(e) The commissioner may adopt rules for the administration of programs provided under this section.


Added by Acts 2003, 78th Leg., ch. 824, Sec. 1, eff. June 20, 2003.


Sec. 29.0822. OPTIONAL FLEXIBLE SCHOOL DAY PROGRAM. (a) Notwithstanding Section 25.081 or 25.082, a school district may apply to the commissioner to provide a flexible school day program for students who:


(1) have dropped out of school or are at risk of dropping out of school as defined by Section 29.081;


(2) attend a campus that is implementing an innovative redesign of the campus or an early college high school under a plan approved by the commissioner; or


(3) as a result of attendance requirements under Section 25.092, will be denied credit for one or more classes in which the students have been enrolled.


(b) To enable a school district to provide a program under this section that meets the needs of students described by Subsection (a), a school district that meets application requirements may:


(1) provide flexibility in the number of hours each day a student attends;


(2) provide flexibility in the number of days each week a student attends;


(3) allow a student to enroll in less than or more than a full course load; or


(4) allow a student to enroll in a dropout recovery program in which courses are conducted online.


(c) Except in the case of a course designed for a student described by Subsection (a)(3) or enrolled in a course described by Subsection (b)(4), a course offered in a program under this section must provide for at least the same number of instructional hours as required for a course offered in a program that meets the required minimum number of minutes of operation under Section 25.081.


(d) The commissioner may adopt rules for the administration of this section, including rules establishing application requirements. Subject to Subsection (d-1), the commissioner shall calculate average daily attendance for students served under this section. The commissioner shall allow accumulations of hours of instruction for students whose schedule would not otherwise allow full state funding. Funding under this subsection shall be determined based on the number of instructional days in the school district calendar and a seven-hour school day, but attendance may be cumulated over a school year, including any summer or vacation session. The attendance of students who accumulate less than the number of attendance hours required under this subsection shall be proportionately reduced for funding purposes. The commissioner may:


(1) set maximum funding amounts for an individual course under this section; and


(2) limit funding for the attendance of a student described by Subsection (a)(3) in a course under this section to funding only for the attendance necessary for the student to earn class credit that, as a result of attendance requirements under Section 25.092, the student would not otherwise be able to receive without retaking the class.


(d-1) In calculating average daily attendance for students served under this section, the commissioner shall ensure that funding for attendance in a course in a program under this section is based on the same instructional hour requirements of the regular program rather than a full-time equivalent student basis that requires six hours of student contact time to qualify for a full day of attendance.


(e) A student described by Subsection (a)(3) may enroll in a course in a program under this section offered during the school year or during the period in which school is recessed for the summer to enable the student to earn class credit that, as a result of attendance requirements under Section 25.092, the student would not otherwise be able to receive without retaking the class.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 5.03, eff. May 31, 2006.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 364 (H.B. 1297), Sec. 1, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 18, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 791 (H.B. 2660), Sec. 1, eff. June 17, 2015.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 3, eff. June 15, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1094 (H.B. 3706), Sec. 2, eff. June 15, 2017.


Sec. 29.083. STUDENT RETENTION INFORMATION. The agency shall collect data from school districts through the Public Education Information Management System (PEIMS) relating to grade level retention of students.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.084. TUTORIAL SERVICES. (a) Each school district may provide tutorial services at the district's schools.


(b) A district that provides tutorial services shall require a student whose grade in a subject for a grade reporting period is lower than the equivalent of 70 on a scale of 100 to attend tutorials.


(c) A district may provide transportation for a student who is required to attend tutorial services and who is eligible for regular transportation services.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.085. LIFE SKILLS PROGRAM FOR STUDENT PARENTS. (a) A school district may provide an integrated program of educational and support services for students who are pregnant or who are parents.


(b) The program shall include:


(1) individual counseling, peer counseling, and self-help programs;


(2) career counseling and job readiness training;


(3) day care for the students' children on the campus or at a day-care facility in close proximity to the campus;


(4) transportation for children of students to and from the campus or day-care facility;


(5) transportation for students, as appropriate, to and from the campus or day-care facility;


(6) instruction related to knowledge and skills in child development, parenting, and home and family living; and


(7) assistance to students in the program in obtaining available services from government agencies or community service organizations, including prenatal and postnatal health and nutrition programs.


(c) The district shall solicit recommendations for obtaining community support for the students and their children from organizations for parents of students in the district and from other community organizations.


(d) School districts may operate shared services arrangement programs under this section.


(e) From funds appropriated for the purpose, the commissioner shall distribute funds for programs under this section. In distributing those funds, the commissioner shall give preference to school districts that received funds for a program under this section for the preceding school year and then to the districts that have the highest concentration of students who are pregnant or who are parents. To receive funds for a program under this section, a school district must apply to the commissioner. A program established under this section is required only in school districts in which the program is financed by funds distributed under this subsection and any other funds available for the program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 19, eff. September 1, 2009.


Sec. 29.086. BASIC SKILLS PROGRAMS FOR HIGH SCHOOL STUDENTS. (a) A school district may apply to the commissioner for funding of special programs for students in grade nine who are at risk of not earning sufficient credit or who have not earned sufficient credit to advance to grade 10 and who fail to meet minimum skills levels established by the commissioner. A school district may, with the consent of a student's parent or guardian, assign a student to a program under this section. A program under this section may not exceed 210 instructional days.


(b) A program under this section must emphasize basic skills in areas of the required curriculum under Section 28.002 and must offer students the opportunity to increase credits required for high school graduation under state or school district policy. A program under this section may be provided by a school district or an entity contracting with a school district to provide the program.


(c) The commissioner shall award funds to districts in accordance with a competitive grant process developed by the commissioner. A grant may be made to a consortium of school districts. The criteria by which the commissioner awards a grant must include the quality of the proposed program and the school district's demonstrated need for the program. An approved program must include criteria that permit measurement of student progress, and the district shall:


(1) annually evaluate the progress of students in the program; and


(2) submit the results of the evaluation to the commissioner at the end of the school year.


(d) The commissioner shall establish minimum levels of student enrollment and standards of student progress required for continued funding of a program under this section. The commissioner may eliminate funding for a program in a subsequent school year if the program fails to achieve sufficient levels of student progress.


(e) The amount of a grant under this section must take into account funds distributed to the school district under Chapter 48.


(f) The commissioner may adopt rules for the administration of programs under this section.


Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.02, eff. Sept. 1, 1999.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.031, eff. September 1, 2019.


Sec. 29.087. HIGH SCHOOL EQUIVALENCY PROGRAMS. (a) The agency shall develop a process by which a school district or open-enrollment charter school may apply to the commissioner for authority to operate a program to prepare eligible students to take a high school equivalency examination.


(b) Any school district or open-enrollment charter school may apply for authorization to operate a program under this section. As part of the application process, the commissioner shall require a district or school to provide information regarding the operation of any similar program during the preceding five years.


(b-1) A school district or open-enrollment charter school authorized by the commissioner on or before August 31, 2003, to operate a program under this section may continue to operate that program in accordance with this section.


(c) A school district or open-enrollment charter school may not increase enrollment of students in a program authorized by this section by more than five percent of the number of students enrolled in the similar program operated by the district or school during the 2000-2001 school year.


(d) A student is eligible to participate in a program authorized by this section if:


(1) the student has been ordered by a court under Section 65.103, Family Code, or by the Texas Juvenile Justice Department to:


(A) participate in a preparatory class for the high school equivalency examination; or


(B) take the high school equivalency examination administered under Section 7.111; or


(2) the following conditions are satisfied:


(A) the student is at least 16 years of age at the beginning of the school year or semester;


(B) the student is a student at risk of dropping out of school, as defined by Section 29.081;


(C) the student and the student's parent or guardian agree in writing to the student's participation;


(D) at least two school years have elapsed since the student first enrolled in ninth grade and the student has accumulated less than one third of the credits required to graduate under the minimum graduation requirements of the district or school; and


(E) any other conditions specified by the commissioner.


(e) A school district or open-enrollment charter school shall inform each student who has completed a program authorized by this section of the time and place at which the student may take the high school equivalency examination. Notwithstanding any provision of this section, a student may not take the high school equivalency examination except as authorized by Section 7.111.


(f) A student participating in a program authorized by this section, other than a student ordered to participate under Subsection (d)(1), must have taken the appropriate end-of-course assessment instruments specified by Section 39.023(c) before entering the program and must take each appropriate end-of-course assessment instrument administered during the period in which the student is enrolled in the program. Except for a student ordered to participate under Subsection (d)(1), a student participating in the program may not take the high school equivalency examination unless the student has taken the assessment instruments required by this subsection.


(g) A student enrolled in a program authorized by this section may not participate in a competition or other activity sanctioned or conducted by the University Interscholastic League.


(h) A student who has received a high school equivalency certificate is entitled to enroll in a public school as authorized by Section 25.001 and is entitled to the benefits of the Foundation School Program under Section 48.003 in the same manner as any other student who has not received a high school diploma.


(i) The agency shall request permission from the General Educational Development Testing Service to administer the service's high school equivalency examination to students enrolled in high school who participate in a program authorized by this section. From funds appropriated to the agency that may be used for the purpose, the agency may pay a fee imposed by the service for granting permission to the agency necessary to allow operation of programs authorized by this section.


(j) For purposes of funding under Chapters 46, 48, and 49, a student attending a program authorized by this section may be counted in attendance only for the actual number of hours each school day the student attends the program, in accordance with Section 25.081.


(k) The board of trustees of a school district or the governing board of an open-enrollment charter school shall:


(1) hold a public hearing concerning the proposed application of the district or school before applying to operate a program authorized by this section; and


(2) subsequently hold a public hearing annually to review the performance of the program.


(l) The commissioner may revoke a school district's or open-enrollment charter school's authorization under this section after consideration of relevant factors, including performance of students participating in the district's or school's program on assessment instruments required under Chapter 39, the percentage of students participating in the district's or school's program who complete the program and perform successfully on the high school equivalency examination, and other criteria adopted by the commissioner. A decision by the commissioner under this subsection is final and may not be appealed.


(m) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(9), eff. June 17, 2011.


(n) The commissioner may adopt rules to implement this section.


(o) Repealed by Acts 2003, 78th Leg., ch. 373, Sec. 2, eff. June 18, 2003.


Added by Acts 2001, 77th Leg., ch. 1514, Sec. 7, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 283, Sec. 41, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 373, Sec. 1, 2, eff. June 18, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 5, eff. September 1, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(9), eff. June 17, 2011.


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 23, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 15, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 4, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.032, eff. September 1, 2019.


Sec. 29.088. AFTER-SCHOOL AND SUMMER INTENSIVE MATHEMATICS INSTRUCTION PROGRAMS. (a) A school district may provide an intensive after-school program or an intensive program during the period that school is recessed for the summer to provide mathematics instruction to:


(1) students who are not performing at grade level in mathematics to assist those students in performing at grade level;


(2) students who are not performing successfully in a mathematics course to assist those students in successfully completing the course; or


(3) students other than those described by Subdivision (1) or (2), as determined by the district.


(b) Before providing a program under this section, the board of trustees of a school district must adopt a policy for:


(1) determining student eligibility for participating in the program that:


(A) prescribes the grade level or course a student must be enrolled in to be eligible; and


(B) provides for considering teacher recommendations in determining eligibility;


(2) ensuring that parents of or persons standing in parental relation to eligible students are provided notice of the program;


(3) ensuring that eligible students are encouraged to attend the program;


(4) ensuring that the program is offered at one or more locations in the district that are easily accessible to eligible students; and


(5) measuring student progress on completion of the program.


(c) The commissioner by rule shall:


(1) prescribe a procedure that a school district must follow to apply for and receive funding for a program under this section;


(2) adopt guidelines for determining which districts receive funding if there is not sufficient funding for each district that applies;


(3) require each district providing a program to report student performance results to the commissioner within the period and in the manner prescribed by the rule; and


(4) based on district reports under Subdivision (3) and any required analysis and verification of those reports, disseminate to each district in this state information concerning instructional methods that have proved successful in improving student performance in mathematics.


(d) A program provided under this section shall be paid for with funds appropriated for that purpose.


Added by Acts 2001, 77th Leg., ch. 834, Sec. 8, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 29.087 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(15), eff. Sept. 1, 2003.


Sec. 29.089. MENTORING SERVICES PROGRAM. (a) Each school district may provide a mentoring services program to students at risk of dropping out of school, as defined by Section 29.081.


(b) The commissioner, in consultation with the governor, lieutenant governor, and speaker of the house of representatives, by rule shall determine accountability standards under this section for a school district providing a mentoring services program using funds allocated under Section 48.104.


(c) The board of trustees of the district shall obtain the consent of a student's parent or guardian before allowing the student to participate in the program.


(d) The board of trustees of the district may arrange for any public or nonprofit community-based organization to come to the district's schools and implement the program.


Added by Acts 2003, 78th Leg., ch. 783, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.033, eff. September 1, 2019.


Sec. 29.090. AFTER-SCHOOL AND SUMMER INTENSIVE SCIENCE INSTRUCTION PROGRAMS. (a) A school district may provide an intensive after-school program or an intensive program during the period that school is recessed for the summer to provide science instruction to:


(1) students who are not performing at grade level in science to assist those students in performing at grade level;


(2) students who are not performing successfully in a science course to assist those students in successfully completing the course; or


(3) students other than those described by Subdivision (1) or (2), as determined by the district.


(b) Before providing a program under this section, the board of trustees of a school district must adopt a policy for:


(1) determining student eligibility for participating in the program that:


(A) prescribes the grade level or course a student must be enrolled in to be eligible; and


(B) provides for considering teacher recommendations in determining eligibility;


(2) ensuring that parents of or persons standing in parental relation to eligible students are provided notice of the program;


(3) ensuring that eligible students are encouraged to attend the program;


(4) ensuring that the program is offered at one or more locations in the district that are easily accessible to eligible students; and


(5) measuring student progress on completion of the program.


(c) The commissioner by rule shall:


(1) prescribe a procedure that a school district must follow to apply for and receive funding for a program under this section;


(2) adopt guidelines for determining which districts receive funding if there is not sufficient funding for each district that applies;


(3) require each district providing a program to report student performance results to the commissioner within the period and in the manner prescribed by the rule; and


(4) based on district reports under Subdivision (3) and any required analysis and verification of those reports, disseminate to each district in this state information concerning instructional methods that have proved successful in improving student performance in science.


(d) A program provided under this section shall be paid for with funds appropriated for that purpose.


Added by Acts 2003, 78th Leg., ch. 430, Sec. 4, eff. Sept. 1, 2003.


Renumbered from Education Code, Section 29.089 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(14-a), eff. September 1, 2005.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.091. GRANT PROGRAM FOR DISTRICTS THAT HAVE HIGH ENROLLMENT OF EDUCATIONALLY DISADVANTAGED STUDENTS AND THAT PROVIDE SUMMER INSTRUCTION. (a) In this section:


(1) "New teacher" means a teacher who:


(A) will be teaching for the first time during the next school year; or


(B) first began teaching:


(i) during the preceding two years; or


(ii) in the school district in which the teacher is currently employed during the preceding year.


(2) "Program" means the grant program for school districts to provide summer instruction primarily for students who are educationally disadvantaged, as established under this section.


(b) The commissioner shall establish and administer a competitive program to provide grants to not more than 10 school districts to use in providing instructional programs to students in prekindergarten through eighth grade during the period in which school is recessed for the summer. The program shall be designed to:


(1) encourage participation in the program by a district's most educationally disadvantaged students;


(2) close the academic achievement gap between students who are educationally disadvantaged and students who are not educationally disadvantaged;


(3) ensure that during the period in which school is recessed for the summer, students participating in the program retain knowledge and skills learned during the school year and continue learning;


(4) provide apprenticeship, mentorship, and other professional development opportunities for new teachers and student teachers; and


(5) add to the compensation of a district's highest performing teachers by providing those teachers with summer employment teaching students, new teachers, and student teachers.


(c) To be eligible to participate in the program, a school district must:


(1) have an enrollment of students who are educationally disadvantaged that is greater than 50 percent of total district enrollment;


(2) apply to the commissioner in the manner and within the time prescribed by commissioner rule; and


(3) provide as part of the application materials a plan that is designed to achieve the purposes described by Subsections (b)(1) through (5).


(d) In selecting from among eligible school districts to participate in the program, the commissioner shall select those districts that provide plans under Subsection (c)(3) that are the most innovative and represent a variety of approaches so that the effectiveness of various plans can be compared and evaluated.


(e) A grant awarded under this section may be funded only with money appropriated for the program and any gifts, grants, or donations made to the agency that may be used for and that the commissioner applies to funding the program. The commissioner, in accordance with commissioner rule and based on the amount available for the program, shall determine the amount of each grant awarded under this section. A school district awarded a grant under this section may use the grant only for implementing and administering a plan as described by Subsection (c)(3), including providing compensation to teachers in accordance with Subsection (b)(5) and commissioner rule.


(f) Each school district participating in the program shall, in the manner and within the time prescribed by commissioner rule, provide to the agency an annual written report that includes:


(1) a detailed description of the district's plan, as implemented;


(2) the number and grade levels of participating students;


(3) demographic information for participating students, including the percentage of students of each applicable race and ethnicity, the percentage of educationally disadvantaged students, the percentage of students of limited English proficiency as defined by Section 29.052, the percentage of students enrolled in a school district special education program under Subchapter A, and the percentage of students enrolled in a district bilingual education program under Subchapter B;


(4) school attendance rates for participating students, before, during, and after program participation, as applicable;


(5) specific information that demonstrates whether the purposes described by Subsections (b)(2) and (3) have been achieved, including the results of assessment instruments administered under Section 39.023 for participating students, before, during, and after program participation, as applicable;


(6) aggregate results of assessment instruments administered under Section 39.023 for students of participating classroom teachers, new teachers, and student teachers, before, during, and after program participation by the students, as applicable;


(7) information regarding the manner in which teachers are selected for participation in the program and the manner in which teachers are compensated for their participation;


(8) statistical information for participating classroom teachers, new teachers, and student teachers, including the number of years employed in the teaching profession, the number of years teaching in the district in which the program is provided, the category and class of educator certification held, the highest level of academic degree earned, race, ethnicity, and gender;


(9) information regarding whether:


(A) the program is provided on a full-day or half-day basis;


(B) the program is voluntary or mandatory for educationally disadvantaged students;


(C) the district has partnered with an outside provider to provide any supplemental service;


(D) the district provides transportation to participating students; and


(E) the district offers the program to students who are not educationally disadvantaged and, if so, under what circumstances;


(10) information on retention in the teaching profession of the participating teachers, including new teachers and student teachers; and


(11) any other information required by commissioner rule.


(g) The agency shall contract with an experienced and recognized third-party program evaluator to determine and prepare a report regarding the effectiveness of the program. The evaluator's report must include the evaluator's best effort to project the cost and academic effects of implementing the best practices of the program in school districts throughout this state and must describe the effectiveness of the program in:


(1) improving academic performance among participating students;


(2) improving the professional development and performance of new teachers; and


(3) rewarding and retaining the highest performing teachers.


(h) Not later than November 1 of each even-numbered year, the agency shall submit to each member of the legislature a report specifically describing the results of the program. The report may be in the form of a summary of the information required under Subsections (f) and (g).


(i) The commissioner shall adopt rules as necessary to administer this section.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1263 (H.B. 742), Sec. 1, eff. September 1, 2013.


Sec. 29.094. INTENSIVE READING OR LANGUAGE INTERVENTION PILOT PROGRAM. (a) In this section, "pilot program" means the intensive reading or language intervention pilot program.


(b) The commissioner by rule shall establish a pilot program in which a participating campus provides intensive reading or language intervention to participating students.


(c) A campus may apply to the commissioner to participate in the pilot program. The commissioner may select for participation in the pilot program only campuses that have failed to improve student performance in reading according to standards established by the commissioner. The standards established by the commissioner for purposes of this subsection must be based on reading performance standards considered for student promotion under Section 28.021.


(d) The commissioner shall adopt minimum criteria that a program must meet to be selected by a participating campus for use in providing intensive reading or language intervention. The criteria must include neuroscience-based, scientifically validated methods, scientifically based reading interventions, or instructional tools that have been proven to accelerate language acquisition and reading proficiency for struggling readers. A participating campus shall submit a summary of the campus's proposed intensive intervention program to the commissioner for approval. The commissioner may approve only a program that follows the minimum criteria adopted under this subsection.


(e) The principal of a participating campus, in consultation with classroom teachers at the campus, shall select students to participate in the pilot program based on assessment data. Benchmark measures shall be administered at the beginning and end of the program.


(f) Not later than December 31, 2008, any vendor of an intensive intervention program approved under Subsection (d), in consultation with the agency and each school district with which the vendor contracts under this section, shall provide the legislature with a report describing student progress under the assessments administered to participating students under Subsection (e).


(g) Notwithstanding any other law, the commissioner shall provide funding for the pilot program using not more than $6 million of funding appropriated for purposes of Section 28.0211.


(h) The commissioner shall adopt rules necessary to implement this section.


(i) The commissioner shall make the pilot program available to participating campuses during the 2007-2008 and 2008-2009 school years.


Added by Acts 2005, 79th Leg., Ch. 1165 (H.B. 3468), Sec. 1, eff. September 1, 2005.


Reenacted and amended by Acts 2007, 80th Leg., R.S., Ch. 1015 (H.B. 1270), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 34, eff. June 19, 2009.


Sec. 29.095. GRANTS FOR STUDENT CLUBS. (a) In this section:


(1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 4.01(4), eff. June 4, 2019.


(2) "Student at risk of dropping out of school" has the meaning assigned by Section 29.081(d).


(b) The commissioner shall administer a pilot program to provide grants to school districts to fund student club activities for students at risk of dropping out of school. From funds appropriated for purposes of this subchapter, the commissioner shall spend an amount not to exceed $4 million in any state fiscal biennium on the program.


(c) The commissioner may award a grant in an amount not to exceed $5,000 in a school year to a school district on behalf of a student club at a district high school campus that is eligible under the criteria established under Section 39.408. To be eligible for a grant, the student club and the club's sponsor must be sanctioned by the campus and district. A grant awarded under this program must be matched by other federal, state, or local funds, including donations, in an amount equal to the amount of the grant. A district shall seek donations or sponsorships from local businesses or community organizations to raise the matching funds. The commissioner may award a grant on behalf of more than one student club at a campus in the same school year.


(d) The commissioner shall establish application criteria for receipt of a grant under this section. The criteria must require confirmation that the appropriate campus-level planning and decision-making committee established under Subchapter F, Chapter 11, and the school district board of trustees have approved a plan that includes:


(1) a description of the student club;


(2) a statement of the student club's goals, intent, and activities;


(3) a statement of the source of funds to be used to match the grant;


(4) a budget for the student club; and


(5) a statement showing that the student club's finances are sustainable.


(e) The commissioner shall establish the minimum requirements for a local grant agreement, including requiring:


(1) the agreement to be signed by the sponsor of a student club receiving a grant and another authorized school district officer; and


(2) the district and the student club to participate in an evaluation of the club's program and the program's effect on student achievement and dropout rates.


(f) A student club may use funds awarded under this section to support academic or co-curricular club activities, other than athletics, in which at least 50 percent of the participating students have been identified as students at risk of dropping out of school. A student club may use funds for materials, sponsor stipends, and other needs that directly support the club's activities. A student club must use the entire amount of the grant to directly fund the club's activities described in the plan approved as provided by Subsection (d). A student club may not use more than 50 percent of a grant to pay sponsor stipends.


(g) The school district board of trustees shall ensure that funds awarded under this section are expended in compliance with Subsection (f). At the end of the school year, a student club that receives a grant must submit a report to the board of trustees summarizing the club's activities and the extent to which the club met the club's goals and achieved the club's intent. The decision of the board of trustees under this subsection relating to compliance with Subsection (f) is final and may not be appealed.


Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 11, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 35, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 36, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 1.03, eff. June 4, 2019.


Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 4.01(a)(4), eff. June 4, 2019.


Sec. 29.096. COLLABORATIVE DROPOUT REDUCTION PILOT PROGRAM. (a) Repealed by Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 4.01(a)(4), eff. June 4, 2019.


(b) Using funds appropriated for that purpose in an amount not to exceed $4 million each year, the commissioner shall establish a pilot program under which a school district or open-enrollment charter school may receive a grant to implement a local collaborative dropout reduction program.


(c) A school district or open-enrollment charter school is eligible to participate and receive a grant under this section under the eligibility criteria established under Section 39.408.


(d) The commissioner shall establish application criteria for receiving a grant under this section. The criteria must require a school district or open-enrollment charter school that applies for a grant to collaborate with local businesses, other local governments or law enforcement agencies, nonprofit organizations, faith-based organizations, and institutions of higher education to deliver proven, research-based intervention services. The goal of the program is to coordinate services and programs among local entities to:


(1) comprehensively reduce the number of students who drop out of school in that community; and


(2) increase the job skills, employment opportunities, and continuing education opportunities of students who might otherwise have dropped out of school.


(e) The commissioner shall establish minimum standards for a local collaborative agreement, including a requirement that the agreement must be signed by an authorized school district or open-enrollment charter school officer and an authorized representative of each of the other participating entities that is a partner in the collaboration. The program must:


(1) limit participation in the program to students authorized to participate by a parent or other person standing in parental relationship;


(2) have as a primary goal graduation from high school;


(3) provide for local businesses or other employers to offer paid employment or internship opportunities and advanced career and vocational training;


(4) include an outreach component and a lead educational staff member to identify and involve eligible students and public and private entities in participating in the program;


(5) serve a population of students of which at least 50 percent are identified as students at risk of dropping out of school, as described by Section 29.081(d);


(6) allocate not more than 15 percent of grant funds and matching funds, as determined by the commissioner, to administrative expenses; and


(7) include matching funds from any of the participating entities.


(f) A local collaborative agreement under this section may:


(1) be coordinated with other services provided to students or their families by public or private entities;


(2) provide for local businesses to support the program, including:


(A) encouraging employees to engage in mentoring students and other school-related volunteer activities; and


(B) using matching funds to provide paid time off for volunteer activities under Paragraph (A) and other activities related to encouraging school involvement of parents of students enrolled in the program;


(3) allow grant funds to reimburse reasonable costs of participating entities;


(4) provide for electronic course delivery by a school district, an open-enrollment charter school, or an institution of higher education; and


(5) be hosted or housed by a chamber of commerce, local workforce agency, local employer, or other public or private participating entity.


(g) The commissioner may approve innovative instructional techniques for courses in the enrichment curriculum leading to high school graduation under a local collaborative dropout reduction program and shall develop accountability measures appropriate to those programs. From funds appropriated, the commissioner may fund electronic courses that are part of a collaborative program and that are otherwise eligible for state funds. Funding for an electronic course may not exceed the total amount of state and local funding for a student to which the school district or open-enrollment charter school would otherwise be entitled.


(h) Nothing in this section authorizes the award of a high school diploma other than in compliance with Section 28.025.


(i) The commissioner shall adopt rules necessary to administer the pilot program under this section.


Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 11, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 37, eff. June 19, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 21(a), eff. June 10, 2013.


Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 1.04, eff. June 4, 2019.


Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 4.01(a)(4), eff. June 4, 2019.


Sec. 29.099. INTENSIVE MATHEMATICS AND ALGEBRA INTERVENTION PILOT PROGRAM. (a) In this section, "intervention program" means the intensive mathematics and algebra intervention pilot program.


(b) The commissioner by rule shall establish an intervention pilot program in which a participating district will provide:


(1) intensive mathematics intervention for students who are not performing at grade level in mathematics in grades four through seven; and


(2) algebra readiness intervention for students who are not performing at grade level in mathematics in grade eight.


(c) Districts may implement the intensive mathematics and algebra intervention pilot program at a campus whose population of at-risk students exceeds the state average proportion of at-risk students.


(d) A participating campus shall identify a student who does not perform at grade level on an assessment instrument administered under Section 39.023(a)(1), or an equivalent assessment instrument administered under Section 39.023(l), as a student eligible for participation in the intervention program. During a student's placement in the intervention program, a campus shall use progress monitoring assessments to ensure that a student is making appropriate progress in the program.


(e) The commissioner shall adopt a list of mathematics and algebra intervention programs that may be implemented by a school district and funded under this program. Programs placed on the commissioner's list will be reviewed and recommended by a panel of recognized experts in mathematics education.


(f) The commissioner shall adopt minimum criteria that a program must meet to be included on the list adopted by the commissioner. The criteria must:


(1) include comprehensive course plans and teacher guides that are organized around the essential knowledge and skills curriculum for mathematics;


(2) include technology-based supplementary instruction that can diagnose and address areas in which a student is identified to need improvement;


(3) include at least three cumulative days of training, professional development, and mentoring for teachers;


(4) provide students individual access to technology-based supplementary instruction at least 90 minutes each week;


(5) provide teachers daily access to required technology;


(6) demonstrate significant effectiveness in schools serving students identified as being at risk of dropping out of school, as described by Section 29.081(d); and


(7) be selected in consultation with the teachers at the affected campus from the list adopted pursuant to Subsection (e).


(g) The commissioner shall adopt rules necessary to implement this section.


(h) Program Evaluation. The commissioner of education shall contract for the evaluation of the effectiveness of the intervention program established under this section. The commissioner may consider centers for education research to conduct this evaluation. The evaluation shall describe progress under the assessment instruments administered under Section 39.023(a)(1) or equivalent assessment instruments administered under Section 39.023(l) to students participating in the intervention program.


(i) Report to the Legislature. Not later than December 1 of each even-numbered year, the commissioner shall prepare and deliver a report to the legislature that recommends any statutory changes the commissioner considers appropriate to promote improved mathematics and algebra readiness in Texas schools.


Added by Acts 2007, 80th Leg., R.S., Ch. 893 (H.B. 2504), Sec. 1, eff. June 15, 2007.


Renumbered from Education Code, Section 29.095 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(5), eff. September 1, 2009.


SUBCHAPTER D. EDUCATIONAL PROGRAMS FOR GIFTED AND TALENTED STUDENTS



Sec. 29.121. DEFINITION. In this subchapter, "gifted and talented student" means a child or youth who performs at or shows the potential for performing at a remarkably high level of accomplishment when compared to others of the same age, experience, or environment and who:


(1) exhibits high performance capability in an intellectual, creative, or artistic area;


(2) possesses an unusual capacity for leadership; or


(3) excels in a specific academic field.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.122. ESTABLISHMENT. (a) Using criteria established by the State Board of Education, each school district shall adopt a process for identifying and serving gifted and talented students in the district and shall establish a program for those students in each grade level. A district may establish a shared services arrangement program with one or more other districts.


(b) Each school district shall adopt a policy regarding the use of funds to support the district's program for gifted and talented students.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.017, eff. June 12, 2019.


Sec. 29.123. STATE PLAN; ASSISTANCE. The State Board of Education shall develop and periodically update a state plan for the education of gifted and talented students to guide school districts in establishing and improving programs for identified students. The regional education service centers may assist districts in implementing the state plan. In addition to obtaining assistance from a regional education service center, a district may obtain other assistance in implementing the plan. The plan shall be used for accountability purposes to measure the performance of districts in providing services to students identified as gifted and talented.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 1525, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.124. CERTIFICATION AND REPORTING REQUIRED. (a) Each school district shall annually certify to the commissioner that the district has established a program for gifted and talented students as required by this subchapter and that the program is consistent with the state plan developed under Section 29.123.


(b) If the commissioner determines that a school district has failed to comply with Subsection (a) for a school year, the commissioner shall reduce the total amount of funding to which the district is entitled under Chapter 48 for that school year by an amount equal to the basic allotment multiplied by the product of:


(1) 0.12; and


(2) an amount equal to five percent of the students in average daily attendance in the district.


(c) The commissioner may restore to a school district all or part of the funding withheld from the district's entitlement under Subsection (b) if during the school year the district complies with Subsection (a).


(d) At the same time that a school district makes the certification required under Subsection (a), the district shall report to the commissioner regarding the use of funds on the district's program for gifted and talented students as provided by State Board of Education rule.


(e) Nothing in this section may be construed as limiting the number of students that a school district may identify as gifted and talented or serve under the district's program for gifted and talented students.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.018, eff. June 12, 2019.


SUBCHAPTER E. KINDERGARTEN AND PREKINDERGARTEN PROGRAMS



Sec. 29.151. FREE KINDERGARTEN. The board of trustees of each school district shall establish and maintain one or more kindergartens for the training of children residing in the district who are at least five years of age on September 1 of the school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.152. OPERATION OF KINDERGARTENS ON HALF-DAY OR FULL-DAY BASIS. A public school kindergarten may be operated on a half-day or a full-day basis at the option of the board of trustees of the school district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Sec. 29.153. FREE PREKINDERGARTEN FOR CERTAIN CHILDREN. (a) In this section:


(1) "Child" includes a stepchild.


(2) "Parent" includes a stepparent.


(a-1) A district shall offer prekindergarten classes if the district identifies 15 or more children who are eligible under Subsection (b) and are at least four years of age. A school district may offer prekindergarten classes if the district identifies 15 or more eligible children who are at least three years of age. A district may not charge tuition for a prekindergarten class offered under this section.


(b) A child is eligible for enrollment in a prekindergarten class under this section if the child is at least three years of age and:


(1) is unable to speak and comprehend the English language;


(2) is educationally disadvantaged;


(3) is homeless, regardless of the residence of the child, of either parent of the child, or of the child's guardian or other person having lawful control of the child;


(4) is the child of an active duty member of the armed forces of the United States, including the state military forces or a reserve component of the armed forces, who is ordered to active duty by proper authority;


(5) is the child of a member of the armed forces of the United States, including the state military forces or a reserve component of the armed forces, who was injured or killed while serving on active duty;


(6) is or ever has been in the conservatorship of the Department of Family and Protective Services following an adversary hearing held as provided by Section 262.201, Family Code; or


(7) is the child of a person eligible for the Star of Texas Award as:


(A) a peace officer under Section 3106.002, Government Code;


(B) a firefighter under Section 3106.003, Government Code; or


(C) an emergency medical first responder under Section 3106.004, Government Code.


(c) A prekindergarten class under this section may be operated on a half-day basis for children under four years of age and shall be operated on a full-day basis for children who are at least four years of age. A district is not required to provide transportation for a prekindergarten class, but transportation, if provided, is included for funding purposes as part of the regular transportation system.


(c-1) A prekindergarten class under this section for children who are least four years of age must comply with the program standards required for high quality prekindergarten programs under Subchapter E-1.


(d) Subject to Subsections (d-1) and (d-2), on application of a district, the commissioner shall exempt a district from the application of all or any part of this section, including all or any part of Subchapter E-1 for a prekindergarten class described by Subsection (c-1), if the commissioner determines that:


(1) the district would be required to construct classroom facilities in order to provide prekindergarten classes; or


(2) implementing any part of this section would result in fewer eligible children being enrolled in a prekindergarten class under this section.


(d-1) A district may not receive an exemption under Subsection (d) unless the district has solicited and considered at a public meeting proposals for partnerships with public or private entities regarding prekindergarten classes required under this section. A decision of the board of trustees regarding a partnership described by this subsection is final.


(d-2) An exemption under Subsection (d) may not be granted for a period longer than three school years and may be renewed only once.


(e) Each school district shall develop a system to notify the population in the district with children who are eligible for enrollment in a prekindergarten class under this section of the availability of the class. The system must include public notices issued in English and Spanish.


(f) A child who is eligible for enrollment in a prekindergarten class under Subsection (b)(4) or (5) remains eligible for enrollment if the child's parent leaves the armed forces, or is no longer on active duty, after the child begins a prekindergarten class.


Text of subsection as added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.019



(g) Before a school district or open-enrollment charter school may construct, repurpose, or lease a classroom facility, or issue bonds for the construction or repurposing of a classroom facility, to provide the prekindergarten classes required under this section, the district or school must solicit and consider proposals for partnerships to provide those classes with community-based child-care providers who:


(1) are a Texas Rising Star Program provider with a three-star certification or higher;


(2) are nationally accredited;


(3) are a Head Start program provider;


(4) are a Texas School Ready! participant; or


(5) meet the requirements under Section 29.1532.


Text of subsection as added by Acts 2019, 86th Leg., R.S., Ch. 443 (S.B. 1679), Sec. 1



(g) A child who is eligible for enrollment in a prekindergarten class under Subsection (b) at the age of three and enrolls in a prekindergarten class at the age of three remains eligible for enrollment in a prekindergarten class for the following school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 4.01, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 596, Sec. 1, eff. June 11, 2001.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 6.01, eff. May 31, 2006.


Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 4, eff. June 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 1(a), eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 975 (H.B. 3643), Sec. 1, eff. June 19, 2009.


Acts 2017, 85th Leg., R.S., Ch. 1141 (H.B. 357), Sec. 1, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 443 (S.B. 1679), Sec. 1, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.07, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.019, eff. June 12, 2019.


Sec. 29.1531. TUITION-SUPPORTED AND DISTRICT-FINANCED PREKINDERGARTEN. (a) A school district may offer on a tuition basis or use district funds to provide:


(1) an additional half-day of prekindergarten classes to children who are eligible for classes under Section 29.153 and are under four years of age; and


(2) half-day and full-day prekindergarten classes to children not eligible for classes under Section 29.153.


(b) A district that offers a prekindergarten program on a tuition basis:


(1) may not adopt a tuition rate for the program that is higher than necessary to cover the added costs of providing the program, including any costs associated with collecting, reporting, and analyzing data under Section 29.1532(c); and


(2) must submit the proposed tuition rate to the commissioner for approval.


Added by Acts 2001, 77th Leg., ch. 596, Sec. 1, eff. June 11, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.020, eff. June 12, 2019.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2081, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.1532. PREKINDERGARTEN PROGRAM REQUIREMENTS. (a) A school district's prekindergarten program shall be designed to develop skills necessary for success in the regular public school curriculum, including language, mathematics, and social skills.


(b) If a school district contracts with a private entity for the operation of the district's prekindergarten program, the program must at a minimum comply with the applicable child-care licensing standards adopted by the Department of Protective and Regulatory Services under Section 42.042, Human Resources Code.


(c) A school district that offers prekindergarten classes shall include the following information in the district's Public Education Information Management System (PEIMS) report:


(1) demographic information, as determined by the commissioner, on students enrolled in district and campus prekindergarten classes, including the number of students who are eligible for classes under Section 29.153;


(2) the numbers of half-day and full-day prekindergarten classes offered by the district and campus;


(3) the number of half-day prekindergarten classes for which the district has received an exemption from full-day operation under Section 29.153(d);


(4) the sources of funding for the prekindergarten classes;


(5) the class size and ratio of instructional staff to students for each prekindergarten program class offered by the district and campus;


(6) if the district elects to administer an assessment instrument under Section 29.169 to students enrolled in district and campus prekindergarten program classes, a description and the results of each type of assessment instrument; and


(7) curricula used in the district's prekindergarten program classes.


(d) Information required under this section to be included in a school district's Public Education Information Management System (PEIMS) report may not be used for purposes of determining a district's accreditation or a campus or district performance rating under Subchapter C, Chapter 39.


Added by Acts 2001, 77th Leg., ch. 596, Sec. 1, eff. June 11, 2001.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 4, eff. May 28, 2015.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.021, eff. June 12, 2019.


Sec. 29.1533. ESTABLISHMENT OF NEW PREKINDERGARTEN PROGRAM. Before establishing a new prekindergarten program, a school district shall consider the possibility of sharing use of an existing Head Start or other child-care program site as a prekindergarten site.


Added by Acts 2003, 78th Leg., ch. 790, Sec. 1, eff. Sept. 1, 2003.


Sec. 29.1534. NOTIFICATION OF PREKINDERGARTEN PROGRAMS. (a) In this section, "prekindergarten program" includes prekindergarten programs provided by a private entity through a partnership with the school district.


(b) The agency shall develop joint strategies with other state agencies regarding methods to increase community awareness of prekindergarten programs through programs that provide information relating to public assistance programs.


(c) The agency may develop outreach materials for use by school districts to increase community awareness of prekindergarten programs.


(d) Expired.


(e) The agency shall provide information to school districts regarding effective methods to communicate to the parent of an eligible child the availability of prekindergarten programs, including information regarding prekindergarten programs through public, private, and nonprofit institutions that provide assistance and support to families with children eligible for prekindergarten programs.


Added by Acts 2009, 81st Leg., R.S., Ch. 592 (H.B. 136), Sec. 1, eff. September 1, 2009.


Sec. 29.154. EVALUATION OF PREKINDERGARTEN PROGRAMS. The commissioner of education, in consultation with the commissioner of human services, shall monitor and evaluate prekindergarten programs as to their developmental appropriateness. The commissioners shall also evaluate the potential for coordination on a statewide basis of prekindergarten programs with government-funded early childhood care and education programs such as child care administered under Chapter 44, Human Resources Code, and federal Head Start programs. That evaluation shall use recommendations contained in the report to the 71st Legislature required by Chapter 717, Acts of the 70th Legislature, Regular Session, 1987. For the purpose of providing cost-effective care for children during the full workday with developmentally appropriate curriculum, the commissioners shall investigate the use of existing child-care program sites as prekindergarten sites. Following the evaluation required by this section, the commissioners, in cooperation with school districts and other program administrators, shall integrate programs, staff, and program sites for prekindergarten, child-care, and federal Head Start programs to the greatest extent possible.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall produce and make available to the public on the agency's Internet website annual district and campus-level reports containing information from the previous school year on early education in school districts and open-enrollment charter schools. A report under this section must contain:


(1) the information required by Section 29.1532(c) to be reported through the Public Education Information Management System (PEIMS);


(2) a description of the diagnostic reading instruments administered in accordance with Section 28.006(c) or (c-2);


(3) the number of students who were administered a diagnostic reading instrument administered in accordance with Section 28.006(c) or (c-2);


(4) the number of students whose scores from a diagnostic reading instrument administered in accordance with Section 28.006(c) or (c-2) indicate reading proficiency;


(5) the number of kindergarten students who were enrolled in a prekindergarten program in the previous school year in the same district or school as the district or school in which the student attends kindergarten;


(6) the number and percentage of students who perform satisfactorily on the third grade reading or mathematics assessment instrument administered under Section 39.023, disaggregated by whether the student was eligible for free prekindergarten under Section 29.153;


(7) the number of students described by Subdivision (6) who attended kindergarten in the district, disaggregated by:


(A) whether the student met the kindergarten readiness standard on the reading instrument adopted under Section 28.006;


(B) whether the student attended prekindergarten in the district; and


(C) the type of prekindergarten the student attended, if applicable; and


(8) the information described by Subdivisions (6) and (7) disaggregated by whether the student is educationally disadvantaged.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 5, eff. May 28, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.022, eff. June 12, 2019.


Sec. 29.1544. REPORTING OF CERTAIN INFORMATION REGARDING PREKINDERGARTEN PROGRAMS; AGENCY REPORT. (a) The agency by rule shall require each school district that offers a prekindergarten program under Section 29.153 and each private entity that provides a prekindergarten program under contract with a school district to report the following information in the form and manner prescribed by the agency for each prekindergarten class offered by the district or private entity:


(1) the number of students in each prekindergarten class;


(2) the number of certified teachers in each prekindergarten class;


(3) the number of teacher's aides in each prekindergarten class;


(4) whether each prekindergarten class is full-day or half-day; and


(5) if the district offers half-day classes, whether the district offers two half-day classes per day.


(b) From the information submitted under Subsection (a), the agency shall determine the total number of teachers and teacher's aides in prekindergarten classes in this state.


(c) From the information submitted under Subsection (a) and for purposes of calculating the student/teacher ratio for each prekindergarten class offered by a school district or private entity that provides a prekindergarten program under contract with a school district, the agency shall count each teacher or teacher's aide:


(1) once for a full-day class; and


(2) twice for a half-day class if the district offers two half-day classes per day.


(d) Not later than August 1 of each year, the agency shall prepare and submit a report to the legislature based on the information collected under Subsection (a).


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.023, eff. June 12, 2019.


Sec. 29.155. KINDERGARTEN AND PREKINDERGARTEN GRANTS. (a) From amounts appropriated for the purposes of this section, the commissioner may make grants to school districts and open-enrollment charter schools to implement or expand kindergarten and prekindergarten programs by:


(1) operating an existing half-day kindergarten or prekindergarten program on a full-day basis; or


(2) implementing a prekindergarten program at a campus that does not have a prekindergarten program.


(b) A school district or open-enrollment charter school may use funds received under this section to employ teachers and other personnel for a kindergarten or prekindergarten program and acquire curriculum materials or equipment, including computers, for use in kindergarten and prekindergarten programs.


(c) To be eligible for a grant under this section, a school district or open-enrollment charter school must apply to the commissioner in the manner and within the time prescribed by the commissioner.


(d) In awarding grants under this section, the commissioner shall give priority to districts and open-enrollment charter schools in which the level of performance of students on the assessment instruments administered under Section 39.023 to students in grade three is substantially below the average level of performance on those assessment instruments for all school districts in the state.


(e) The commissioner may adopt rules to administer this section.


(f) Notwithstanding Section 7.056(e)(3)(I), the commissioner may waive a requirement prescribed by this subchapter to the extent necessary to implement a grant awarded under this section or Section 29.156.


(g) From amounts appropriated for the purposes of this subsection, the commissioner may also provide for:


(1) coordinating early childhood care and education programs;


(2) developing and disseminating for programs described by Subdivision (1) prekindergarten instructional materials and school-readiness information for parents; and


(3) developing standards for model early childhood care and education coordination.


(h) The model program standards developed under Subsection (g) must focus on pre-literacy skills, including language acquisition, vocabulary development, and phonological awareness.


(i) In carrying out the purposes of Subsection (g), a school district or open-enrollment charter school may use funds granted to the district or school under this subsection in contracting with another entity, including a private entity.


(j) If a school district or open-enrollment charter school returns to the commissioner funds granted under this section, the commissioner may grant those funds to another entity, including a private entity, for the purposes of Subsection (g).


Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.01, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 790, Sec. 2, eff. Sept. 1, 2003.


Sec. 29.156. GRANTS FOR EDUCATIONAL COMPONENT OF HEAD START. (a) From funds appropriated for the purpose, the commissioner shall make grants for use in providing an educational component to federal Head Start programs or similar government-funded early childhood care and education programs.


(b) The commissioner shall adopt rules for implementation of this section, including rules prescribing eligibility criteria for receipt of a grant and for expenditure of grant funds.


Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.01, eff. Sept. 1, 1999.


Sec. 29.1561. ADMINISTRATION OF EARLY CHILDHOOD CARE AND EDUCATION PROGRAMS. (a) The commissioner may waive a law or rule relating to early childhood care and education programs:


(1) to the extent that the law or rule is more restrictive than required by federal law; or


(2) to the extent necessary to comply with federal law.


(b) Notwithstanding any restriction imposed by this title, the commissioner may administer grants for early childhood care and education programs under Section 29.155 or 29.156, including Head Start and Early Head Start programs, in a manner that provides the greatest flexibility allowed under federal law.


(c) The commissioner by rule may establish a program to provide incentives to providers of early childhood care and education programs that, to the greatest extent practicable, provide coordinated services authorized under Section 29.158(c).


Added by Acts 2003, 78th Leg., ch. 790, Sec. 3, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 275 (S.B. 23), Sec. 1, eff. September 1, 2005.


Sec. 29.157. READY TO READ GRANTS. (a) From funds appropriated for the purpose, the commissioner shall make grants as provided by this section in support of pre-reading instruction.


(b) The commissioner shall establish a competitive grant program for distribution of at least 95 percent of the available appropriated funds. Grants shall be used to provide scientific, research-based pre-reading instruction for the purpose of directly improving pre-reading skills and for identifying cost-effective models for pre-reading intervention. The commissioner shall distribute the grants in amounts not less than $50,000 or more than $150,000 to eligible applicants to be used for:


(1) professional staff development in pre-reading instruction;


(2) pre-reading curriculum and materials;


(3) pre-reading skills assessment materials; and


(4) employment of pre-reading instructors.


(c) A public school operating a prekindergarten program, or an eligible entity as defined by Section 12.101(a) that provides a preschool instruction program and that meets qualifications prescribed by the commissioner, is eligible to apply for a grant if at least 75 percent of the children enrolled in the program are low-income students, as determined by rule of the commissioner.


(d) As a condition to receiving a grant, an applicant must commit public or private funds matching the grant in a percentage set by the commissioner. The commissioner shall determine the required percentage of matching funds based on the demonstrated economic capacity of the community served by the program to raise funds for the purpose of matching the grant, as determined by the commissioner. Matching funds must equal at least 30 percent, but not more than 75 percent, of the amount of the grant.


(e) The commissioner shall develop and implement performance measures for evaluating the effectiveness of grants under this section. Those measures must correlate to other reading diagnostic assessments used in public schools in kindergarten through the second grade.


(f) The commissioner may adopt rules as necessary for the administration of this section.


Added by Acts 1999, 76th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1999. Renumbered from Sec. 29.155 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(17), eff. Sept. 1, 2001.


Sec. 29.158. COORDINATION OF SERVICES. (a) In a manner consistent with federal law and regulations, each prekindergarten program provider, Head Start and Early Head Start program provider, and provider of an after-school child-care program provided at a school shall coordinate with the agency, the Texas Workforce Commission, and local workforce development boards regarding subsidized child-care services.


(b) The coordination required by this section must include:


(1) providing to an applicant for a child-care service information regarding:


(A) child-care resource and referral agencies serving the applicant's community;


(B) information and referral providers serving the applicant's community; or


(C) the prekindergarten program, local child-care and development fund contractor, or Head Start program administrator serving the applicant's community; and


(2) coordinating to ensure, to the extent practicable, that full-day, full-year child-care services are available to meet the needs of low-income parents who are working or participating in workforce training or workforce education.


(c) The coordination required by this section may also include:


(1) cooperating with each state agency regarding child-care or child-development studies conducted by that agency;


(2) collecting data necessary to determine a child's eligibility for subsidized child-care services or a prekindergarten, Head Start or Early Head Start, or after-school child-care program, to the extent that the collection of data does not violate the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g);


(3) cooperating to provide for staff training and professional development activities;


(4) identifying and developing methods for the collaborative provision of subsidized child-care services and prekindergarten, Head Start or Early Head Start, or after-school child-care program services, including:


(A) operating a combined system for eligibility determination or registration processes so that an applicant may apply for all services available in an applicant's community through a single point of access;


(B) sharing facilities or staff; and


(C) increasing the enrollment capacity of those programs;


(5) identifying child-care facilities located in close proximity to prekindergarten, Head Start or Early Head Start, or after-school child-care programs;


(6) coordinating transportation between child-care facilities identified under Subdivision (5) and a prekindergarten, Head Start or Early Head Start, or after-school child-care program; and


(7) coordinating with the State Center for Early Childhood Development to develop longitudinal studies to measure the effects of quality early childhood care and education programs on educational achievement, including high school performance and completion.


(d) In coordinating child-care services under this section and in making any related decision to contract with another provider for child-care services, the agency, Texas Workforce Commission, local workforce development boards, and each prekindergarten program provider, Head Start and Early Head Start program provider, and provider of an after-school child-care program provided at a school shall consider the quality of the services involved in the proposed coordination or contracting decision and shall give preference to services of the highest quality. Any appropriate indicator of quality services may be considered under this subsection, including whether the provider of the services:


(1) meets Texas Rising Star Program certification criteria;


(2) is accredited by a nationally recognized accrediting organization approved by the Texas Workforce Commission and the Department of Family and Protective Services;


(3) meets standards developed by the State Center for Early Childhood Development; or


(4) has achieved any other measurable target relevant to improving the quality of child care in this state.


(e) Any coordination required by this section that involves a prekindergarten program must be approved by the commissioner.


Added by Acts 2003, 78th Leg., ch. 790, Sec. 4, eff. Sept. 1, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 241 (H.B. 376), Sec. 1, eff. September 1, 2013.


Sec. 29.159. PROVISION OF CERTAIN INFORMATION. (a) Except as otherwise provided by this section, each provider of government-funded child-care services shall, at the time that a child is enrolled with the provider, furnish to the child's parent information regarding:


(1) effective early education settings; and


(2) any indicators that a child is ready for kindergarten that have been developed at the time the child is enrolled.


(b) If a provider does not have sufficient resources to provide the information specified by Subsection (a), the provider shall:


(1) furnish the parent with the appropriate telephone numbers or Internet sites through which the parent may obtain the information; or


(2) refer the parent to a local child-care resource and referral agency.


Added by Acts 2003, 78th Leg., ch. 790, Sec. 4, eff. Sept. 1, 2003.


Sec. 29.160. DEMONSTRATION PROJECTS. (a) The State Center for Early Childhood Development, in conjunction with a school district, regional education service center, institution of higher education, local government, local workforce development board, or community organization, may develop a quality rating system demonstration project under which prekindergarten program providers, licensed child-care facilities, or Head Start and Early Head Start program providers are assessed under a quality rating system.


(b) In developing the quality rating system demonstration project, the State Center for Early Childhood Development is entitled to:


(1) reasonable access to the sites at which the programs to be rated are operated, which may include sites under the authority of school districts or the Department of Protective and Regulatory Services; and


(2) technical assistance and support from the agency, the Texas Workforce Commission, and the Department of Protective and Regulatory Services to the extent that those agencies have the ability to provide assistance and support using existing agency resources.


(c) A school district, regional education service center, institution of higher education, local government, local workforce development board, or community organization may develop one or more coordination-of-resources demonstration projects under which government-funded child-care and early education services, including Head Start and Early Head Start, prekindergarten, and after-school child-care program services, child-care services provided by nonprofit or for-profit entities, and faith-based child-care programs, are operated in a coordinated and integrated manner. An entity that develops a proposed demonstration project under this subsection must obtain approval of the project from the state agency or agencies with regulatory jurisdiction over the subject matter involved in the project. Approval of a project under this subsection must be made contingent on development of a memorandum of understanding regarding the child-care and early education coordination and integration that is:


(1) entered into by each entity participating in the project;


(2) certified by the State Center for Early Childhood Development as meeting any standards developed under Section 29.155(g); and


(3) consistent with the applicable provisions of this section and applicable laws and regulations in a manner that at a minimum maintains existing child-care and early education program requirements and does not waive any existing health and safety standards.


(c-1) The memorandum of understanding required under Subsection (c) shall provide for:


(1) equal decision-making authority for entities participating in the project;


(2) uniform eligibility criteria for the project to the extent authorized by state and federal law;


(3) development of streamlined enrollment procedures and simplified forms for children eligible for services under the project;


(4) strategies for the colocation and management of staff and for facilitation of effective communication among staff members;


(5) alignment and coordination of program calendars;


(6) delineation of responsibilities for the provision of instructional supplies and materials and food services;


(7) development and implementation of a system by which eligible children are referred for services among the participating entities in a manner that complies with applicable laws and regulations;


(8) periodic meetings of the participating entities to address concerns relating to the administration and operation of the project; and


(9) periodic meetings of the participating entities to address common standards for the professional development of program staff and to create opportunities to ensure that local communities have effective program staff.


(c-2) A demonstration project established under Subsection (c) must include a program evaluation component that, in addition to assessing child-care and early education outcomes for young children, demonstrates:


(1) the extent to which program quality has been enhanced;


(2) the extent to which the number of children being served by full-day, full-year programs has increased;


(3) the extent to which professional development training or activities engaged in by program staff has increased; and


(4) that there has been no weakening of standards or diminishment of services.


(d) An entity that obtains approval of a coordination-of-resources demonstration project is entitled to a waiver or modification of any existing rule, policy, or procedure of the agency, the Texas Workforce Commission, or the Department of Protective and Regulatory Services that impairs the coordinated provision of government-funded child-care services, provided that the waiver or modification does not adversely affect the health, safety, or welfare of the children receiving services under the project. In addition, if applicable, the appropriate state agency must seek on behalf of the entity any available federal waiver from a federal rule, policy, or procedure imposed in connection with a Head Start program that impairs the coordinated provision of government-funded child-care services. Not later than the 30th day after the date on which a state agency becomes aware of an applicable federal waiver under this subsection, the state agency shall notify the appropriate entity of the date by which the state agency intends to seek the waiver.


(e) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(2), eff. September 1, 2013.


(f) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(2), eff. September 1, 2013.


Added by Acts 2003, 78th Leg., ch. 790, Sec. 4, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 275 (S.B. 23), Sec. 2, eff. September 1, 2005.


Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(2), eff. September 1, 2013.


Sec. 29.161. SCHOOL READINESS CERTIFICATION SYSTEM. (a) The State Center for Early Childhood Development, in conjunction with the P-16 Council established under Section 61.076, shall develop and adopt a school readiness certification system for use in certifying the effectiveness of prekindergarten programs, Head Start and Early Head Start programs, government-subsidized child-care programs provided by nonprofit or for-profit entities, government-subsidized faith-based child-care programs, and other government-subsidized child-care programs in preparing children for kindergarten. The system shall be made available on a voluntary basis to program providers seeking to obtain certification as evidence of the quality of the program provided.


(b) In developing and adopting the system, the center shall seek the active participation of all interested stakeholders, including parents and program providers.


(c) The system must:


(1) be reflective of research in the field of early childhood care and education;


(2) be well-grounded in the cognitive, social, and emotional development of young children;


(3) apply a common set of criteria to each program provider seeking certification, regardless of the type of program or source of program funding; and


(4) be capable of fulfilling the reporting and notice requirements of Sections 28.006(d) and (g).


(d) The agency shall collect each student's raw score results on the reading instrument administered under Section 28.006 from each school district using the system created under Subsection (a) and shall contract with the State Center for Early Childhood Development for purposes of this section.


(e) The State Center for Early Childhood Development shall, using funds appropriated for the school readiness certification system, provide the system created under Subsection (a) to each school district to report each student's raw score results on the reading instrument administered under Section 28.006.


(f) The agency shall:


(1) provide assistance to the State Center for Early Childhood Development in developing and adopting the school readiness certification system under this section, including providing access to data for the purpose of locating the teacher and campus of record for students; and


(2) require confidentiality and other security measures for student data provided to the State Center for Early Childhood Development as the agency's agent, consistent with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).


Added by Acts 2005, 79th Leg., Ch. 275 (S.B. 23), Sec. 3, eff. September 1, 2005.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 4.005, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1340 (S.B. 1871), Sec. 3, eff. June 15, 2007.


Sec. 29.162. RULES. (a) The commissioner may adopt rules for this subchapter, including rules establishing full-day and half-day minutes of operation requirements as provided by Section 25.081.


(b) Section 2001.0045, Government Code, does not apply to rules adopted under this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 5, eff. June 15, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.024, eff. June 12, 2019.


SUBCHAPTER E-1. HIGH QUALITY PREKINDERGARTEN PROGRAM REQUIREMENTS



Sec. 29.164. DEFINITION. In this subchapter, "program" means a high quality prekindergarten program required under Section 29.153(c-1) to be provided free of tuition or fees in accordance with this subchapter.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.026, eff. June 12, 2019.


Sec. 29.167. HIGH QUALITY CURRICULUM AND TEACHER REQUIREMENTS. (a) A school district shall select and implement a curriculum for a prekindergarten program that:


(1) includes the prekindergarten guidelines established by the agency;


(2) measures the progress of students in meeting the recommended learning outcomes; and


(3) does not use national curriculum standards developed by the Common Core State Standards Initiative.


(b) Each teacher for a prekindergarten program class must:


(1) be certified under Subchapter B, Chapter 21; and


(2) have one of the following additional qualifications:


(A) a Child Development Associate (CDA) credential or another early childhood education credential approved by the agency;


(B) certification offered through a training center accredited by Association Montessori Internationale or through the Montessori Accreditation Council for Teacher Education;


(C) at least eight years' experience of teaching in a nationally accredited child care program;


(D) be employed as a prekindergarten teacher in a school district that has received approval from the commissioner for the district's prekindergarten-specific instructional training plan that the teacher uses in the teacher's prekindergarten classroom; or


(E) an equivalent qualification.


(c) A school district may allow a teacher employed by the district to receive the training required to be awarded a Child Development Associate (CDA) credential from a regional education service center that offers the training in accordance with Section 8.058. Training may not include national curriculum standards developed by the Common Core State Standards Initiative.


(d) A school district must attempt to maintain an average ratio in any prekindergarten program class of not less than one certified teacher or teacher's aide for each 11 students.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.027, eff. June 12, 2019.


Sec. 29.168. FAMILY ENGAGEMENT PLAN. (a) A school district shall develop and implement a family engagement plan to assist the district in achieving and maintaining high levels of family involvement and positive family attitudes toward education. The family engagement plan must be based on family engagement strategies established under Subsection (b).


(b) The agency shall collaborate with other state agencies, including the Health and Human Services Commission, that provide services for children from birth through five years of age to establish prioritized family engagement strategies to be included in a school district's family engagement plan. A parent-teacher organization, community group, or faith-based institution may submit to the agency recommendations regarding the establishment of family engagement strategies, and the agency, in establishing the family engagement strategies, shall consider any received recommendations. The engagement strategies must:


(1) be based on empirical research;


(2) be proven to demonstrate significant positive short-term and long-term outcomes for early childhood education; and


(3) include programs and interventions that engage a family in supporting a student's learning at home.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 1027 (H.B. 1593), Sec. 1, eff. June 15, 2017.


Sec. 29.169. PROGRAM EVALUATION. (a) A school district shall:


(1) select and implement appropriate methods for evaluating the district's program classes by measuring student progress; and


(2) make data from the results of program evaluations available to parents.


(b) A school district may administer diagnostic assessments to students in a program class to evaluate student progress as required by Subsection (a) but may not administer a state standardized assessment instrument.


(c) An assessment instrument administered to a prekindergarten program class must be selected from a list of appropriate prekindergarten assessment instruments identified by the commissioner.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


For expiration of this section, see Subsection (c).



Sec. 29.170. PROGRAM FUNDING EVALUATION. (a) The commissioner shall evaluate the use and effectiveness of prekindergarten funding in improving student learning. The commissioner shall identify effective instruction strategies implemented by school districts under this subchapter.


(b) Beginning in 2018, not later than December 1 of each even-numbered year, the commissioner shall deliver a report to the legislature containing the results of the evaluation.


(c) This section expires December 31, 2024.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.028, eff. June 12, 2019.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2081, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.171. ELIGIBLE PRIVATE PROVIDERS. (a) A school district that offers a prekindergarten program under this subchapter may enter into a contract with an eligible private provider to provide services or equipment for the program.


(1) be accredited by a research-based, nationally recognized, and universally accessible accreditation system approved by the commissioner;


(2) be a Texas Rising Star Program provider with a three-star certification or higher;


(3) be a Texas School Ready! participant;


(4) have an existing partnership with a school district to provide a prekindergarten program not provided under this subchapter; or


(5) be accredited by an organization that is recognized by the Texas Private School Accreditation Commission.


(c) A prekindergarten program provided by a private provider under this section is subject to the requirements of this subchapter.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.029, eff. June 12, 2019.


Sec. 29.172. RULES. (a) The commissioner may adopt rules necessary to implement this subchapter.


(b) Section 2001.0045, Government Code, does not apply to rules adopted under this section.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.030, eff. June 12, 2019.


SUBCHAPTER F. CAREER AND TECHNOLOGY EDUCATION PROGRAM



Sec. 29.181. PUBLIC EDUCATION CAREER AND TECHNOLOGY EDUCATION GOALS. Each public school student shall master the basic skills and knowledge necessary for:


(1) managing the dual roles of family member and wage earner; and


(2) gaining entry-level employment in a high-skill, high-wage job or continuing the student's education at the postsecondary level.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.182. STATE PLAN FOR CAREER AND TECHNOLOGY EDUCATION. (a) The agency shall prepare and biennially update a state plan for career and technology education that sets forth objectives for career and technology education for the next biennium and long-term goals for the following five years.


(b) The state plan must include procedures designed to ensure that:


(1) all secondary and postsecondary students have the opportunity to participate in career and technology education programs;


(2) the state complies with requirements for supplemental federal career and technology education funding;


(3) career and technology education is established as a part of the total education system of this state and constitutes an option for student learning that provides a rigorous course of study consistent with the required curriculum under Section 28.002 and under which a student may receive specific education in a career and technology program that:


(A) incorporates competencies leading to academic and technical skill attainment;


(B) leads to:


(i) an industry-recognized license, credential, or certificate; or


(ii) at the postsecondary level, an associate or baccalaureate degree;


(C) includes opportunities for students to earn college credit for coursework; and


(D) includes, as an integral part of the program, participation by students and teachers in activities of career and technical student organizations supported by the agency and the State Board of Education; and


(4) a school district provides, to the greatest extent possible, to a student participating in a career and technology education program opportunities to enroll in dual credit courses designed to lead to a degree, license, or certification as part of the program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 41, eff. June 19, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 22, eff. June 10, 2013.


Sec. 29.183. CAREER AND TECHNOLOGY AND OTHER EDUCATIONAL PROGRAMS. (a) The board of trustees of a school district may conduct and supervise career and technology classes and other educational programs for students and for other persons of all ages and spend local maintenance funds for the cost of those classes and programs.


(b) In developing a career and technology program, the board of trustees shall consider the state plan for career and technology education required under Section 29.182.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.184. CONTRACTS WITH OTHER SCHOOLS FOR CAREER AND TECHNOLOGY CLASSES. (a) The board of trustees of a school district may contract with another school district or with a public or private postsecondary educational institution or trade or technical school that is regulated by this state, as designated in the state plan for career and technology education required under Section 29.182, to provide career and technology classes for students in the district.


(b) A student who attends career and technology classes at another school under a contract authorized by Subsection (a) is included in the average daily attendance of the district in which the student is regularly enrolled.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.185. CAREER AND TECHNOLOGY PROGRAM REQUIREMENTS AND PROCEDURES. (a) The agency shall prescribe requirements for career and technology education in public schools as necessary to comply with federal law.


(b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 5(1), eff. September 1, 2017.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 446 (S.B. 1410), Sec. 1, eff. September 1, 2011.


Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 5(1), eff. September 1, 2017.


Sec. 29.187. AWARD FOR DISTINGUISHED ACHIEVEMENT IN CAREER AND TECHNOLOGY EDUCATION; PROGRAM. (a) In addition to the authority granted under Section 29.183, the board of trustees of a school district may develop and offer a program that provides a rigorous course of study consistent with the required curriculum under Section 28.002 and under which a student may:


(1) receive specific education in a career and technology profession that:


(A) leads to postsecondary education; or


(B) meets or exceeds business or industry standards; and


(2) obtain from the district an award for distinguished achievement in career and technology education and a stamp or other notation on the student's transcript that indicates receipt of the award.


(b) An award granted under this section is not in lieu of a diploma or certificate of coursework completion issued under Section 28.025.


(c) In developing a program under this section, the board of trustees of a school district shall consider the state plan for career and technology education required under Section 29.182.


(d) The board of trustees of a school district may contract with an entity listed in Section 29.184(a) for assistance in developing the program or providing instruction to district students participating in the program.


(e) The board of trustees of a school district may also contract with a local business or a local institution of higher education for assistance in developing or operating a program under this section. A program may provide education in areas of technology unique to the local area.


(f) Repealed by Acts 2017, 85th Leg., R.S., Ch. 122 (H.B. 639), Sec. 2, eff. May 26, 2017.


(g) If a business that contracts with a district under Subsection (e) obtains any insurance related to the student other than liability insurance, any proceeds of the insurance must be used for the benefit of the student and the student's family.


(h) The board of trustees of a school district must submit a proposed program under this section to the commissioner of education in accordance with criteria established by the commissioner.


Added by Acts 2003, 78th Leg., ch. 61, Sec. 3, eff. May 16, 2003.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 122 (H.B. 639), Sec. 2, eff. May 26, 2017.


Sec. 29.188. RECOGNITION OF SUCCESSFUL CAREER AND TECHNOLOGY EDUCATION PROGRAM. The governor is encouraged to present a proclamation or certificate to each member of the business and industry community that the Texas Workforce Commission, in cooperation with the agency, determines has successfully assisted in the provision of a career and technology education program under this subchapter.


Added by Acts 2003, 78th Leg., ch. 61, Sec. 4, eff. Sept. 1, 2003.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 3938, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.189. INVENTORY OF CREDENTIALS AND CERTIFICATES. (a) In this section:


(1) "Commission" means the Texas Workforce Commission.


(2) "Coordinating board" means the Texas Higher Education Coordinating Board.


(b) The agency, the coordinating board, and the commission shall jointly develop and post on their respective Internet websites an inventory of industry-recognized credentials and certificates that may be earned by a public high school student through a career and technology education program and that:


(1) are aligned to state and regional workforce needs; and


(2) serve as an entry point to middle- and high-wage jobs.


(c) The inventory must include for each credential or certificate:


(1) the associated career cluster;


(2) the awarding entity;


(3) the level of education required and any additional requirements for the credential or certificate;


(4) any fees for obtaining the credential or certificate; and


(5) the average wage or salary for jobs that require or prefer the credential or certificate.


(d) Each year, the agency, the coordinating board, and the commission jointly shall:


(1) review and, if necessary, update the inventory; and


(2) provide a copy of the inventory to each school district and public institution of higher education that offers a career and technology education program to public high school students.


Added by Acts 2017, 85th Leg., R.S., Ch. 494 (H.B. 2729), Sec. 1, eff. June 9, 2017.


Sec. 29.190. SUBSIDY FOR CERTIFICATION EXAMINATION.


(a) A student is entitled to a subsidy under this section if:


(1) the student:


(A) successfully completes the career and technology program of a school district in which the student receives training and instruction for employment; or


(B) is enrolled in a special education program under Subchapter A; and


(2) the student passes a certification examination to qualify for a license or certificate that is an industry certification for purposes of Section 39.053(c)(1)(B)(v), administered while the student is enrolled in a school district.


(a-1) A student may not receive more than one subsidy under this section.


(b) A teacher is entitled to a subsidy under this section if the teacher passes a certification examination related to cybersecurity.


(c) On approval by the commissioner, the agency shall pay each school district an amount equal to the cost paid by the district for a certification examination under this section. To obtain reimbursement for a subsidy paid under this section, a district must:


(1) pay the fee for the examination; and


(2) submit to the commissioner a written application on a form prescribed by the commissioner stating the amount of the fee paid under Subdivision (1) for the certification examination.


(d) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(a)(1), eff. September 1, 2013.


(e) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(a)(1), eff. September 1, 2013.


Added by Acts 2007, 80th Leg., R.S., Ch. 1225 (H.B. 2383), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 22, eff. September 1, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 23(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 78(a)(1), eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 1088 (H.B. 3593), Sec. 3, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.031, eff. June 12, 2019.


Sec. 29.191. ACCIDENT, LIABILITY, AND AUTOMOBILE INSURANCE COVERAGE. (a) The board of trustees of a school district or the governing body of an open-enrollment charter school may obtain accident, liability, or automobile insurance coverage to protect:


(1) a business or entity that participates with the district or school to provide district or school students a career and technology program; and


(2) a district or school student who participates in a district or school career and technology program.


(b) The coverage authorized by this section must be:


(1) obtained from a reliable insurer authorized to engage in business in this state; or


(2) for a district, provided through the district's self-funded risk pool.


(c) The amount of coverage a district or school obtains:


(1) must be reasonable considering the financial condition of the district or school; and


(2) may not exceed the amount that is reasonably necessary in the opinion of, as applicable, the board of trustees of the district or the governing body of the school.


(d) If the board of trustees of a district or the governing body of a school obtains accident, liability, or automobile insurance coverage under this section, an administrator designated by the board of trustees of the district or governing body of the school, as applicable, shall notify the parent or guardian of each student participating in the career and technology program.


(e) A district or school may not directly or indirectly charge a student or the student's parent or guardian for the cost of providing to the student insurance under this section.


(f) The failure of any board of trustees of a district or the governing body of a school to obtain coverage authorized by this section or to obtain a specific amount of coverage under this section may not be construed as placing any legal liability on, as applicable, the district or the district's officers, agents, or employees or the school or the school's officers, agents, or employees.


Added by Acts 2017, 85th Leg., R.S., Ch. 122 (H.B. 639), Sec. 1, eff. May 26, 2017.


Sec. 29.192. IMMUNITY FROM LIABILITY. A student who participates in a career and technology program approved by a school district or an open-enrollment charter school is entitled to immunity in the same manner provided under Section 22.053 as a volunteer who is serving as a direct service volunteer of a district or school.


Added by Acts 2017, 85th Leg., R.S., Ch. 122 (H.B. 639), Sec. 1, eff. May 26, 2017.


Sec. 29.194. SUMMER CAREER AND TECHNOLOGY EDUCATION GRANT PROGRAM. (a) From funds appropriated or available for the purpose, the commissioner, in cooperation with an appropriate private entity, shall establish a grant program to provide funding to school districts for career and technology education courses offered during the summer.


(b) The commissioner may solicit and accept gifts, donations, or other contributions for the grant program established under this section.


(c) The commissioner may adopt rules as necessary to implement this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.032, eff. June 12, 2019.


SUBCHAPTER G. PUBLIC EDUCATION GRANT PROGRAM



Sec. 29.201. PARENTAL CHOICE. Notwithstanding any other provision of this code, as provided by this subchapter an eligible student may attend a public school in the district in which the student resides or may use a public education grant to attend any other district chosen by the student's parent.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 1365, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.202. ELIGIBILITY. (a) A student is eligible to receive a public education grant or to attend another public school in the district in which the student resides under this subchapter if the student is assigned to attend a public school campus assigned an unacceptable performance rating that is made publicly available under Section 39.054 for:


(1) the student achievement domain under Section 39.053(c)(1); and


(2) the school progress domain under Section 39.053(c)(2).


(b) After a student has used a public education grant to attend a school in a district other than the district in which the student resides:


(1) the student does not become ineligible for the grant if the school on which the student's initial eligibility is based no longer meets the criteria under Subsection (a); and


(2) the student becomes ineligible for the grant if the student is assigned to attend a school that does not meet the criteria under Subsection (a).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 722, Sec. 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 767, Sec. 9, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 342, Sec. 3, eff. Sept. 1, 2003.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.08, eff. May 31, 2006.


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 42, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 7.007, eff. September 1, 2011.


Acts 2017, 85th Leg., R.S., Ch. 807 (H.B. 22), Sec. 5, eff. June 15, 2017.


Sec. 29.203. FINANCING. (a) A student who under this subchapter uses a public education grant to attend a public school in a school district other than the district in which the student resides is included in the average daily attendance of the district in which the student attends school.


(c) A school district is entitled to additional facilities assistance under Section 48.301 if the district agrees to:


(1) accept a number of students using public education grants that is at least one percent of the district's average daily attendance for the preceding school year; and


(2) provide services to each student until the student either voluntarily decides to attend a school in a different district or graduates from high school.


(d) A school district chosen by a student's parent under Section 29.201 is entitled to accept or reject the application for the student to attend school in that district but may not use criteria that discriminate on the basis of a student's race, ethnicity, academic achievement, athletic abilities, language proficiency, sex, or socioeconomic status. A school district that has more acceptable applicants for attendance under this subchapter than available positions must give priority to students at risk of dropping out of school as defined by Section 29.081 and must fill the available positions by lottery. However, to achieve continuity in education, a school district may give preference over at-risk students to enrolled students and to the siblings of enrolled students residing in the same household or other children residing in the same household as enrolled students for the convenience of parents, guardians, or custodians of those children.


(e) A school district chosen by a student's parent under Section 29.201 may not charge the student tuition.


(f) The school district in which a student resides shall provide each student attending a school in another district under this subchapter transportation free of charge to and from the school the student would otherwise attend.


(g) In this section:


(1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(16), eff. September 1, 2019.


(2) "Guaranteed local revenue level" means a local revenue level equal to the dollar amount guaranteed level of state and local funds per weighted student per cent of tax effort, as provided by Section 48.202, multiplied by 10,000.


(3) Repealed by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(16), eff. September 1, 2019.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 722, Sec. 2, eff. Sept. 1, 1997.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.034, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.035, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(16), eff. September 1, 2019.


Sec. 29.204. NOTIFICATION. (a) Not later than January 1 of each year the commissioner shall, based on the most recent information available, provide notice to each school district in which a campus described by Section 29.202 is located that:


(1) identifies each campus in the district that meets the description in Section 29.202; and


(2) informs the district that the district must comply with Subsection (b).


(b) Not later than February 1 of each year, a school district shall notify the parent of each student in the district assigned to attend a campus described by Section 29.202 that the student is eligible for a public education grant. The notice must contain a clear, concise explanation of the public education grant program and of the manner in which the parent may obtain further information about the program.


Added by Acts 1997, 75th Leg., ch. 722, Sec. 3, eff. Sept. 1, 1997.


Sec. 29.205. CONTRACT AUTHORITY. The board of trustees of a school district may contract under Section 11.157 for the provision of educational services to a district student eligible to receive a public education grant under Section 29.202.


Added by Acts 1997, 75th Leg., ch. 722, Sec. 4, eff. Sept. 1, 1997.


SUBCHAPTER H. COMMUNITY



EDUCATION PROGRAMS



Sec. 29.251. DEFINITIONS. In this subchapter:


(1) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 73, Sec. 2.06(a)(2), eff. September 1, 2013.


(2) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 73, Sec. 2.06(a)(2), eff. September 1, 2013.


(3) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 73, Sec. 2.06(a)(2), eff. September 1, 2013.


(4) "Community education" means the process by which the citizens in a school district, using the resources and facilities of the district, organize to support each other and to solve their mutual educational problems and meet their mutual lifelong needs. Community education may include:


(A) educational programs, including programs relating to cultural awareness, parenting skills education and parental involvement in school programs, and multilevel adult education and personal growth;


(B) community involvement programs, including programs for community economic development, school volunteers, partnerships between schools and businesses, coordination with community agencies, school-age child care, family literacy, and community use of facilities; and


(C) programs for youth enrolled in schools, including programs for dropout prevention and recovery programs, drug-free school programs, school-age parenting programs, and academic enhancement.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 2.03, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 2.06(a)(2), eff. September 1, 2013.


Sec. 29.252. AGENCY ROLE IN COMMUNITY EDUCATION. (a) The agency shall:


(1) develop, implement, and regulate a comprehensive statewide program for community education services;


(2) administer all state and federal funds for community education in this state, other than funds that another entity is specifically authorized to administer under other law; and


(3) accept and administer grants, gifts, services, and funds from available sources for use in community education.


(b) The agency may adopt rules for the administration of this subchapter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 761, Sec. 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 817, Sec. 5.03, eff. Sept. 1, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 2.04, eff. September 1, 2013.


Sec. 29.255. STATE FUNDING. Funds shall be appropriated to implement statewide community education programs, including pilot programs to demonstrate the effectiveness of the community education concept. The agency shall ensure that public local education agencies, public nonprofit agencies, and community-based organizations have direct and equitable access to those funds.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 2.05, eff. September 1, 2013.


Sec. 29.256. REIMBURSEMENT FOR COMMUNITY EDUCATION SERVICES. (a) A school district whose governing board elects to provide community education for all age groups may on application and according to rules adopted by the agency be reimbursed for those costs from state funds to the extent authorized by this section.


(b) Only a district that has in the preceding or current year achieved a level of community education services prescribed by the agency is eligible for reimbursement under this section. The agency's rules must contain specific provisions for eligibility and program operation.


(c) The cost to the state shall be paid from the foundation school fund.


(d) The legislature in the General Appropriations Act shall set a limit on the amount of funds that may be expended under this section each year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 4, eff. Sept. 1, 1997.


Sec. 29.257. COMMUNITY EDUCATION DEVELOPMENT PROJECTS. (a) The legislature may appropriate money from the foundation school fund to the agency for developing and implementing community education projects. The agency shall actively seek gifts, grants, or other donations for purposes related to community education development projects, unless the acceptance is prohibited by other law. Money received under this subsection shall be deposited in the account established under Subsection (b) and may be appropriated only for the purpose for which the money was given.


(b) The community education development account is created as a dedicated account in the foundation school fund in the state treasury. The account shall consist of community education related gifts, grants, and donations and shall be administered by the agency.


(c) Subject to legislative appropriation and except as provided by Subsection (g), a school district to which the agency awards money for a community education development project is entitled to receive money for a period of three years. After that period, a project must be funded wholly from local sources. State funding under this section may not exceed:


(1) $50,000 for the first year of a project;


(2) $35,000 for the second year of a project; or


(3) $20,000 for the third year of a project.


(d) The State Board of Education by rule shall establish procedures for distributing community education development money to school districts. The procedures must include a statewide competitive process by which the agency, in accordance with procedures adopted by board rule, evaluates applications for community education development money and awards money to the districts whose projects the agency determines have the greatest merit. A school district may seek review of an agency determination regarding the award of money only in accordance with an administrative review process adopted by board rule. A school district may not seek judicial review of an agency determination.


(e) An application for funding under this section must include:


(1) a resolution adopted by the board of trustees of the school district adopting a particular community education development project plan;


(2) in accordance with rules adopted by the State Board of Education, a description of:


(A) the objectives of the proposed project, including, if appropriate, quantitative targets for the objectives; and


(B) the particular means by which the objectives are to be achieved;


(3) the estimated funding requirements and the data or analysis used to prepare the estimate;


(4) a statement outlining the manner in which the proposed project achieves goals for community education and complies with the requirements of this section;


(5) a statement of the manner in which the project is to be funded after the third year;


(6) a provision for a survey of community education needs in the district that:


(A) incorporates the objectives of community education;


(B) is completed and analyzed by the district in the first year of the project; and


(C) adheres to statistical techniques recognized as valid by professional statisticians;


(7) a provision for the maximum efficient use of existing school facilities in the first year of the project;


(8) a provision for the establishment of an advisory committee of at least 15 members who:


(A) are selected without regard to race or sex;


(B) are selected to reflect persons from the local business community, governmental agencies, public and private nonprofit educational interests, parents, and the general public; and


(C) serve without compensation; and


(9) a designation of a district community education administrator whose primary responsibility is the implementation and supervision of the community education program.


(f) The agency shall monitor each project awarded money under this section in accordance with rules adopted by the State Board of Education. The agency shall evaluate whether the project has satisfactorily carried out the district's objectives as set out in the community education project plan. The board by rule may provide a process for amending the plan.


(g) A school district is not entitled to funding for any year of a project for which:


(1) the district did not apply for funding; or


(2) the agency suspends the funding based on the agency's determination that the district has failed to satisfactorily implement the project's objectives.


(h) The State Board of Education by rule shall provide for an administrative process for the suspension of funding under Subsection (g)(2). The rules must be consistent with Chapter 2001, Government Code.


(i) The State Board of Education may adopt rules necessary to implement and enforce this section, including rules relating to financial audits of school districts that receive money under this section. Rules adopted under this section by the State Board of Education may not permit the board or the agency to waive any provision of this section.


(j) The agency may not use more than five percent of the funds appropriated for the projects under this section for the agency's administration of this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 5, eff. Sept. 1, 1997.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 3456 and S.B. 1615, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.259. ADULT HIGH SCHOOL DIPLOMA AND INDUSTRY CERTIFICATION CHARTER SCHOOL PROGRAM. (a) In this section, "adult education" means services and instruction provided below the college level for adults by a nonprofit entity described by Subsection (e).


(b) The commissioner shall establish an adult high school diploma and industry certification charter school program as provided by this section as a strategy for meeting industry needs for a sufficiently trained workforce within the state.


(c) The agency shall adopt and administer a standardized secondary exit-level assessment instrument appropriate for assessing adult education program participants who successfully complete high school curriculum requirements under a program provided under this section. The commissioner shall determine the level of performance considered to be satisfactory on the secondary exit-level assessment instrument for receipt of a high school diploma by an adult education program participant in a program provided under this section.


(d) Notwithstanding any other law and in addition to the number of charters allowed under Subchapter D, Chapter 12, the commissioner may, on the basis of an application submitted, grant a charter under the program to a single nonprofit entity described by Subsection (e) to provide an adult education program for individuals described by Subsection (g) to successfully complete:


(1) a high school program that can lead to a diploma; and


(2) career and technology education courses that can lead to industry certification.


(e) A nonprofit entity may be granted a charter under this section only if the entity:


(1) has a successful history of providing education services, including industry certifications and job placement services, to adults 18 years of age and older whose educational and training opportunities have been limited by educational disadvantages, disabilities, homelessness, criminal history, or similar circumstances; and


(2) agrees to commit at least $1 million to the adult education program offered.


(f) A nonprofit entity granted a charter under this section may partner with a public junior college to provide career and technology courses that lead to industry certification.


(g) A person who is at least 18 years of age and not more than 50 years of age is eligible to enroll in the adult education program under this section if the person:


(1) has failed to complete the curriculum requirements for high school graduation; or


(2) has failed to perform satisfactorily on an assessment instrument required for high school graduation.


(g-1) In admitting students to the adult education program under this section, the nonprofit entity shall give priority to a person who has not earned a high school equivalency certificate.


(h) The nonprofit entity must include in its charter application the information required by Subsection (i).


(i) A charter granted under this section must:


(1) include a description of the adult education program to be offered under this section; and


(2) establish specific, objective standards for receiving a high school diploma, including:


(A) successful completion of:


(i) if applicable to the program participant, the curriculum requirements under Section 28.025; or


(ii) the appropriate curriculum requirements applicable to the program participant; and


(B) satisfactory performance on the standardized secondary exit-level assessment instrument described by Subsection (c).


(i-1) The adult education program offered under this section must:


(1) use an instructional model in which at least 75 percent of instruction is delivered by a teacher in an in-person, interactive classroom setting; and


(2) provide support services to students, including:


(A) child care at no cost to students;


(B) life coaching services, at a ratio not to exceed one life coach for every 100 students, that use strategic and holistic interventions designed to facilitate graduation planning and assist students in overcoming life obstacles to achieve academic and career goals;


(C) mental health counseling; and


(D) for students with identified disabilities or impairments, instructional support services.


(i-2) If money is appropriated for a state fiscal year for expansion of the program under this section, not later than June 30 of the state fiscal year in which the appropriation is made, the nonprofit entity granted a charter under this section must submit any request for approval of an expansion amendment. The expansion amendment is considered approved if the commissioner does not provide written notice to the nonprofit entity of the disapproval of the expansion amendment on or before August 1.


(j) Funding for an adult education program under this section is provided based on the following:


(1) for participants who are 26 years of age and older, an amount per participant from available general revenue funds appropriated for the program equal to the statewide average amount of state funding per student in weighted average daily attendance that would be allocated under the Foundation School Program to an open-enrollment charter school under Section 12.106 were the student under 26 years of age; and


(2) for participants who are at least 18 years of age and under 26 years of age, an amount per participant through the Foundation School Program equal to the amount of state funding per student in weighted average daily attendance that would be allocated under the Foundation School Program for the student's attendance at an open-enrollment charter school in accordance with Section 12.106.


(k) Sections 12.107 and 12.128 apply as though funds under this section were funds under Subchapter D, Chapter 12.


(l) Repealed by Acts 2017, 85th Leg., R.S., Ch. 98 (S.B. 276), Sec. 2, eff. May 23, 2017.


(m) The commissioner shall adopt rules necessary to administer the program under this section. In adopting rules, the commissioner may modify charter school requirements only to the extent necessary for the administration of a charter school under this section that provides for adult education.


(n) An adult education program operated under a charter granted under this section is subject to:


(1) a provision of this title establishing a criminal offense; and


(2) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:


(A) the Public Education Information Management System (PEIMS) to the extent necessary as determined by the commissioner to monitor compliance with this section and, as applicable, Subchapter D, Chapter 12;


(B) criminal history records under Subchapter C, Chapter 22;


(C) high school graduation requirements under Section 28.025, to the extent applicable to a program participant;


(D) special education programs under Subchapter A, Chapter 29;


(E) bilingual education under Subchapter B, Chapter 29;


(F) health and safety under Chapter 38;


(G) the requirement under Section 21.006 to report an educator's misconduct; and


(H) the right of an employee to report a crime, as provided by Section 37.148.


(o) The commissioner shall develop and adopt performance frameworks that establish standards by which to measure the performance of an adult high school program operated under a charter granted under this section in a manner consistent with the requirements provided for an open-enrollment charter school under Sections 12.1181(a) and (b). The commissioner shall include in the performance frameworks adopted under this subsection the following performance indicators:


(1) the percentage of program participants who performed satisfactorily on the standardized secondary exit-level assessment instrument described by Subsection (c);


(2) the percentage of program participants who successfully completed the high school program and earned a high school diploma;


(3) the percentage of program participants who successfully completed career and technology education courses and obtained industry certification;


(4) the percentage of program participants who have enrolled in an institution of higher education or private or independent institution of higher education, as those terms are defined under Section 61.003; and


(5) the percentage of program participants who earned a wage, salary, or other income increase that was significant as determined and reported by the Texas Workforce Commission.


(p) Each year, the commissioner shall evaluate the performance of an adult high school program operated under a charter granted under this section based on the applicable performance frameworks adopted under Subsection (o).


(q) The commissioner shall adopt rules as necessary to implement and administer the reporting requirements under Subsection (n)(2)(A) and the evaluation provisions of Subsections (o) and (p).


(r) The commissioner or an adult education program operated under a charter granted under this section may accept gifts, grants, or donations from any public or private source to be used for purposes of this section.


Added by Acts 2013, 83rd Leg., R.S., Ch. 478 (S.B. 1142), Sec. 1, eff. September 1, 2013.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 98 (S.B. 276), Sec. 1, eff. May 23, 2017.


Acts 2017, 85th Leg., R.S., Ch. 98 (S.B. 276), Sec. 2, eff. May 23, 2017.


Acts 2019, 86th Leg., R.S., Ch. 1060 (H.B. 1051), Sec. 3, eff. June 14, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1060 (H.B. 1051), Sec. 4, eff. June 14, 2019.


Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 1060 (H.B. 1051), Sec. 5, eff. June 14, 2019.


SUBCHAPTER I. PROGRAMS FOR STUDENTS WHO ARE DEAF OR HARD OF HEARING



Sec. 29.301. DEFINITIONS. In this subchapter:


(1) "Admission, review, and dismissal committee" means the committee required by State Board of Education rules to develop the individualized education program required by the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) for any student needing special education.


(2) "American Sign Language" means a complete, visual, and manual language with its own grammar and syntax.


(3) "English" includes writing, reading, speech, speech reading, cued speech, and any English-based manual-visual method of communication.


(4) "Unique communication mode" or "appropriate language mode" includes English and American Sign Language.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.302. FINDINGS. (a) The legislature finds that it is essential for the well-being and growth of students who are deaf or hard of hearing that educational programs recognize the unique nature of deafness and the hard-of-hearing condition and ensure that all students who are deaf or hard of hearing have appropriate, ongoing, and fully accessible educational opportunities. Students who are deaf or hard of hearing may choose to use a variety of language modes and languages, including oral and manual-visual language. Students who are deaf may choose to communicate through the language of the deaf community, American Sign Language, or through any of a number of English-based manual-visual languages. Students who are hard of hearing may choose to use spoken and written English, including speech reading or lip reading, together with amplification instruments, such as hearing aids, cochlear implants, or assistive listening systems, to communicate with the hearing population. Students who are deaf or hard of hearing may choose to use a combination of oral or manual-visual language systems, including cued speech, manual signed systems, and American Sign Language, or may rely exclusively on the oral-aural language of their choice. Students who are deaf or hard of hearing also may use other technologies to enhance language learning.


(b) The legislature recognizes that students who are deaf or hard of hearing should have the opportunity to develop proficiency in English, including oral or manual-visual methods of communication, and American Sign Language.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.303. UNIQUE COMMUNICATION. Students who are deaf or hard of hearing must have an education in which their unique communication mode is respected, used, and developed to an appropriate level of proficiency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.304. QUALIFICATIONS OF PERSONNEL. (a) A student who is deaf or hard of hearing must have an education in which teachers, psychologists, speech therapists, progress assessors, administrators, and others involved in education understand the unique nature of deafness and the hard-of-hearing condition. A teacher of students who are deaf or hard of hearing either must be proficient in appropriate language modes or use an interpreter certified in appropriate language modes if certification is available.


(b) Each school district shall employ or provide access to appropriate qualified staff with proficient communications skills, consistent with credentialing requirements, to fulfill the responsibilities of the school district, and shall make positive efforts to employ qualified individuals with disabilities.


(c) Regular and special personnel who work with students who are deaf or hard of hearing must be adequately prepared to provide educational instruction and services to those students.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.305. LANGUAGE MODE PEERS. If practicable and not in conflict with any admission, review, and dismissal committee recommendations, a student who is deaf or hard of hearing must have an education in the company of a sufficient number of peers using the same language mode and with whom the student can communicate directly. If practicable, the peers must be of the same or approximately the same age and ability.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.306. FAMILIAL AND ADVOCATE INVOLVEMENT. A student who is deaf or hard of hearing must have an education in which the student's parents or legal guardians and advocates for the student's parents or legal guardians are involved in determining the extent, content, and purpose of programs. Other individuals, including individuals who are deaf or hard of hearing, may be involved at the discretion of parents or legal guardians or the school district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.307. ROLE MODELS. A student who is deaf or hard of hearing shall be given the opportunity to be exposed to deaf or hard-of-hearing role models.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.308. REGIONAL PROGRAMS. Regional programs for students who are deaf or hard of hearing shall meet the unique communication needs of students who can benefit from those programs. Appropriate funding for those programs shall be consistent with federal and state law, and money appropriated to school districts for educational programs and services for students who are deaf or hard of hearing may not be allocated or used for any other program or service.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.309. COMPOSITION OF LOCAL SPECIAL EDUCATION ADVISORY COMMITTEE. If practicable, in a school district in which there are students who are deaf or hard of hearing, the local special education advisory committee required under State Board of Education rule must include persons who are deaf or hard of hearing and parents and legal guardians of students who are deaf or hard of hearing.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.310. PROCEDURES AND MATERIALS FOR ASSESSMENT AND PLACEMENT. (a) Procedures and materials for assessment and placement of students who are deaf or hard of hearing shall be selected and administered so as not to be racially, culturally, or sexually discriminatory.


(b) A single assessment instrument may not be the sole criterion for determining the placement of a student.


(c) The procedures and materials for the assessment and placement of a student who is deaf or hard of hearing shall be in the student's preferred mode of communication. All other procedures and materials used with any student who is deaf or hard of hearing and who has limited English proficiency shall be in the student's preferred mode of communication.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.311. EDUCATIONAL PROGRAMS. (a) Educational programs for students who are deaf or hard of hearing must be coordinated with other public and private agencies, including:


(1) agencies operating early childhood intervention programs;


(2) preschools;


(3) agencies operating child development programs;


(4) nonpublic, nonsectarian schools;


(5) agencies operating regional occupational centers and programs; and


(6) the Texas School for the Deaf.


(b) As appropriate, the programs must also be coordinated with postsecondary and adult programs for persons who are deaf or hard of hearing.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.312. PSYCHOLOGICAL COUNSELING SERVICES. Appropriate psychological counseling services for a student who is deaf or hard of hearing shall be made available at the student's school site in the student's primary mode of communication. In the case of a student who is hard of hearing, appropriate auditory systems to enhance oral communication shall be used if required by the student's admission, review, and dismissal committee.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.313. EVALUATION OF PROGRAMS. Each school district must provide continuous evaluation of the effectiveness of programs of the district for students who are deaf or hard of hearing. If practicable, evaluations shall follow program excellence indicators established by the agency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.314. TRANSITION INTO REGULAR CLASS. In addition to satisfying requirements of the admission, review, and dismissal committee and to satisfying requirements under state and federal law for vocational training, each school district shall develop and implement a transition plan for the transition of a student who is deaf or hard of hearing into a regular class program if the student is to be transferred from a special class or center or nonpublic, nonsectarian school into a regular class in a public school for any part of the school day. The transition plan must provide for activities:


(1) to integrate the student into the regular education program and specify the nature of each activity and the time spent on the activity each day; and


(2) to support the transition of the student from the special education program into the regular education program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF UNDERSTANDING. The Texas Education Agency and the Texas School for the Deaf shall develop, agree to, and by commissioner rule adopt no later than September 1, 1998, a memorandum of understanding to establish:


(1) the method for developing and reevaluating a set of indicators of the quality of learning at the Texas School for the Deaf;


(2) the process for the agency to conduct and report on an annual evaluation of the school's performance on the indicators;


(3) the requirements for the school's board to publish, discuss, and disseminate an annual report describing the educational performance of the school;


(4) the process for the agency to assign an accreditation status to the school, to reevaluate the status on an annual basis, and, if necessary, to conduct monitoring reviews; and


(5) the type of information the school shall be required to provide through the Public Education Information Management System (PEIMS).


Added by Acts 1997, 75th Leg., ch. 1340, Sec. 6, eff. Sept. 1, 1997.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 5, eff. June 19, 2015.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 3607, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.316. LANGUAGE ACQUISITION. (a) In this section:


(1) "Center" means the Educational Resource Center on Deafness at the Texas School for the Deaf.


(2) "Division" means the Division for Early Childhood Intervention Services of the Health and Human Services Commission.


(3) "Language acquisition" includes expressive and receptive language acquisition and literacy development in English, American Sign Language, or both, or, if applicable, in another language primarily used by a child's parent or guardian, and is separate from any modality used to communicate in the applicable language or languages.


(b) The commissioner and the executive commissioner of the Health and Human Services Commission jointly shall ensure that the language acquisition of each child eight years of age or younger who is deaf or hard of hearing is regularly assessed using a tool or assessment determined to be valid and reliable as provided by Subsection (d).


(c) Not later than August 31 of each year, the agency, the division, and the center jointly shall prepare and post on the agency's, the division's, and the center's respective Internet websites a report on the language acquisition of children eight years of age or younger who are deaf or hard of hearing. The report must:


(1) include:


(A) existing data reported in compliance with federal law regarding children with disabilities; and


(B) information relating to the language acquisition of children who are deaf or hard of hearing and also have other disabilities;


(2) state for each child:


(A) the instructional arrangement used with the child, as described by Section 42.151, including the time the child spends in a mainstream instructional arrangement;


(B) the specific language acquisition services provided to the child, including:


(i) the time spent providing those services; and


(ii) a description of any hearing amplification used in the delivery of those services, including:


(a) the type of hearing amplification used;


(b) the period of time in which the child has had access to the hearing amplification; and


(c) the average amount of time the child uses the hearing amplification each day;


(C) the tools or assessments used to assess the child's language acquisition and the results obtained;


(D) the preferred unique communication mode used by the child at home; and


(E) the child's age, race, and gender, the age at which the child was identified as being deaf or hard of hearing, and any other relevant demographic information the commissioner determines to likely be correlated with or have an impact on the child's language acquisition;


(3) compare progress in English literacy made by children who are deaf or hard of hearing to progress in that subject made by children of the same age who are not deaf or hard of hearing, by appropriate age range; and


(4) be redacted as necessary to comply with state and federal law regarding the confidentiality of student medical or educational information.


(d) The commissioner, the executive commissioner of the Health and Human Services Commission, and the center shall enter into a memorandum of understanding regarding:


(1) the identification of experts in deaf education; and


(2) the determination, in consultation with those experts, of the tools and assessments that are valid and reliable, in both content and administration, for use in assessing the language acquisition of children eight years of age or younger who are deaf or hard of hearing.


(e) The agency shall use existing collected data and data collected and transferred from the Department of State Health Services and the Health and Human Services Commission, as agreed upon in the memorandum of understanding, for the report under this section.


(f) The commissioner and the executive commissioner of the Health and Human Services Commission jointly shall adopt rules as necessary to implement this section, including rules for:


(1) assigning each child eight years of age or younger who is deaf or hard of hearing a unique identification number for purposes of the report required under Subsection (c) and to enable the tracking of the child's language acquisition, and factors affecting the child's language acquisition, over time; and


(2) implementing this section in a manner that complies with federal law regarding confidentiality of student medical or educational information, including the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law relating to the privacy of student information.


Added by Acts 2019, 86th Leg., R.S., Ch. 1036 (H.B. 548), Sec. 1(c), eff. September 1, 2019.


SUBCHAPTER K. PUBLIC JUNIOR COLLEGE AND SCHOOL DISTRICT PARTNERSHIP PROGRAM TO PROVIDE DROPOUT RECOVERY



Sec. 29.402. PARTNERSHIP. (a) A public junior college may enter into an articulation agreement to partner with one or more school districts located in the public junior college district to provide on the campus of the public junior college a dropout recovery program for students described by Subsection (b) to successfully complete and receive a diploma from a high school of the appropriate partnering school district.


(a-1) A public junior college with a service area located wholly or partly in a county with a population of more than three million may enter into an articulation agreement described by Subsection (a) with any school district located wholly or partly in a county with a population of more than three million.


(b) A person who is under 26 years of age is eligible to enroll in a dropout recovery program under this subchapter if the person:


(1) must complete not more than three course credits to complete the curriculum requirements for the foundation high school program for high school graduation; or


(2) has failed to perform satisfactorily on an end-of-course assessment instrument administered under Section 39.023(c) or an assessment instrument administered under Section 39.023(c) as that section existed before amendment by Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007.


(c) A public junior college under this section shall:


(1) design a dropout recovery curriculum that includes career and technology education courses that lead to industry or career certification;


(2) integrate into the dropout recovery curriculum research-based strategies to assist students in becoming able academically to pursue postsecondary education, including:


(A) high quality, college readiness instruction with strong academic and social supports;


(B) secondary to postsecondary bridging that builds college readiness skills, provides a plan for college completion, and ensures transition counseling; and


(C) information concerning appropriate supports available in the first year of postsecondary enrollment to ensure postsecondary persistence and success, to the extent funds are available for the purpose;


(3) offer advanced academic and transition opportunities, including dual credit courses and college preparatory courses, such as advanced placement courses; and


(4) coordinate with each partnering school district to provide in the articulation agreement that the district retains accountability for student attendance, student completion of high school course requirements, and student performance on assessment instruments as necessary for the student to receive a diploma from a high school of the partnering school district.


(c-1) A public junior college under this section may partner with a public technical institute, as defined by Section 61.003, to provide, as part of the dropout recovery program curriculum, career and technology education courses that lead to industry or career certification.


(d) A dropout recovery program provided under this subchapter must comply with the requirements of Sections 29.081(e) and (f).


Added by Acts 2011, 82nd Leg., R.S., Ch. 643 (S.B. 975), Sec. 1, eff. June 17, 2011.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 1, eff. June 17, 2011.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 155 (S.B. 860), Sec. 1, eff. May 24, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 24(a), eff. June 10, 2013.


Acts 2015, 84th Leg., R.S., Ch. 1177 (S.B. 1004), Sec. 1, eff. June 19, 2015.


Sec. 29.403. FINANCING. (a) A public junior college district may receive from each partnering school district for each student from that district enrolled in a dropout recovery program under this subchapter an amount negotiated between the junior college district and that partnering district not to exceed the total average per student funding amount in that district during the preceding school year for maintenance and operations, including state and local funding, but excluding money from the available school fund.


(b) A student who is enrolled in a program under this subchapter is included in determining the average daily attendance under Section 48.005 of the partnering school district.


(c) A public technical institute may receive from a partnering public junior college for each student enrolled in a career and technology education course as provided by Section 29.402(c-1) an amount negotiated between the public technical institute and the partnering public junior college.


Added by Acts 2011, 82nd Leg., R.S., Ch. 643 (S.B. 975), Sec. 1, eff. June 17, 2011.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 1, eff. June 17, 2011.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 155 (S.B. 860), Sec. 2, eff. May 24, 2013.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.036, eff. September 1, 2019.


Sec. 29.404. OTHER FUNDING. (a) To the extent consistent with the General Appropriations Act, a public junior college under this subchapter is eligible to receive dropout prevention and intervention program funds appropriated to the agency.


(b) A public junior college under this subchapter may receive gifts, grants, and donations to use for the purposes of this subchapter.


Added by Acts 2011, 82nd Leg., R.S., Ch. 643 (S.B. 975), Sec. 1, eff. June 17, 2011.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 1, eff. June 17, 2011.


SUBCHAPTER L. SCHOOL DISTRICT PROGRAM FOR RESIDENTS OF FORENSIC STATE SUPPORTED LIVING CENTER



Sec. 29.451. DEFINITIONS. In this subchapter, "alleged offender resident," "interdisciplinary team," and "state supported living center" have the meanings assigned by Section 555.001, Health and Safety Code.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Sec. 29.452. APPLICABILITY. This subchapter applies only to an alleged offender resident of a forensic state supported living center designated under Section 555.002, Health and Safety Code.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 207 (S.B. 1300), Sec. 3, eff. September 1, 2017.


Sec. 29.453. SCHOOL DISTRICT SERVICES. (a) A school district shall provide educational services, including services required under Subchapter A, to each alleged offender resident who is under 22 years of age and otherwise eligible under Section 25.001 to attend school in the district. The district shall provide educational services to each alleged offender resident who is 21 years of age on September 1 of the school year and otherwise eligible to attend school in the district until the earlier of:


(1) the end of that school year; or


(2) the student's graduation from high school.


(b) The educational placement of an alleged offender resident and the educational services to be provided by a school district to the resident shall be determined by the resident's admission, review, and dismissal committee consistent with federal law and regulations regarding the placement of students with disabilities in the least restrictive environment. The resident's admission, review, and dismissal committee shall:


(1) inform the resident's interdisciplinary team of a determination the committee makes in accordance with this subsection; and


(2) consult, to the extent practicable, with the resident's interdisciplinary team concerning such a determination.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Sec. 29.454. BEHAVIOR MANAGEMENT; BEHAVIOR SUPPORT SPECIALISTS. (a) The discipline of an alleged offender resident by a school district is subject to Sections 37.0021 and 37.004 and to federal law governing the discipline of students with disabilities.


(b) A school district in which alleged offender residents are enrolled shall employ one or more behavior support specialists to serve the residents while at school. A behavior support specialist must:


(1) hold a baccalaureate degree;


(2) have training in providing to students positive behavioral support and intervention, as determined by the commissioner of education; and


(3) meet any other requirement jointly determined by the commissioner of education and the commissioner of the Department of Aging and Disability Services.


(c) A behavior support specialist shall conduct for each alleged offender resident enrolled in the school district a functional behavioral assessment that includes:


(1) data collection, through interviews with and observation of the resident;


(2) data analysis; and


(3) development of an individualized school behavioral intervention plan for the resident.


(d) Each behavior support specialist shall:


(1) ensure that each alleged offender resident enrolled in the school district is provided behavior management services under a school behavioral intervention plan based on the resident's functional behavioral assessment, as described by Subsection (c);


(2) communicate and coordinate with the resident's interdisciplinary team to ensure that behavioral intervention actions of the district and of the forensic state supported living center do not conflict;


(3) in the case of a resident who regresses:


(A) ensure that necessary corrective action is taken in the resident's individualized education program or school behavioral intervention plan, as appropriate; and


(B) communicate with the resident's interdisciplinary team concerning the regression and encourage the team to aggressively address the regression;


(4) participate in the resident's admission, review, and dismissal committee meetings in conjunction with:


(A) developing and implementing the resident's school behavioral intervention plan; and


(B) determining the appropriate educational placement for each resident, considering all available academic and behavioral information;


(5) coordinate each resident's school behavioral intervention plan with the resident's program of active treatment provided by the forensic state supported living center to ensure consistency of approach and response to the resident's identified behaviors;


(6) provide training for school district staff and, as appropriate, state supported living center staff in implementing behavioral intervention plans for each resident; and


(7) remain involved with the resident during the school day.


(e) Section 22.0511 applies to a behavior support specialist employed under this section by a school district.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Sec. 29.455. MEMORANDUM OF UNDERSTANDING. (a) A school district in which alleged offender residents are enrolled in school and the forensic state supported living center shall enter into a memorandum of understanding to:


(1) establish the duties and responsibilities of the behavior support specialist to ensure the safety of all students and teachers while educational services are provided to a resident at a school in the district; and


(2) ensure the provision of appropriate facilities for providing educational services and of necessary technological equipment if a resident's admission, review, and dismissal committee determines that the resident must receive educational services at the forensic state supported living center.


(b) A memorandum of understanding under Subsection (a) remains in effect until superseded by a subsequent memorandum of understanding between the school district and the forensic state supported living center or until otherwise rescinded.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Sec. 29.456. FAILURE OF SCHOOL DISTRICT AND CENTER TO AGREE. (a) If a school district in which alleged offender residents are enrolled in school and the forensic state supported living center fail to agree on the services required for residents or responsibility for those services, the district or center may refer the issue in disagreement to the commissioner of education and the commissioner of the Department of Aging and Disability Services.


(b) If the commissioner of education and the executive commissioner of the Health and Human Services Commission are unable to bring the school district and forensic state supported living center to agreement, the commissioners shall jointly submit a written request to the attorney general to appoint a neutral third party knowledgeable in special education and intellectual and developmental disability issues to resolve each issue on which the district and the center disagree. The decision of the neutral third party is final and may not be appealed. The district and the center shall implement the decision of the neutral third party. The commissioner of education or the executive commissioner of the Health and Human Services Commission shall ensure that the district and the center implement the decision of the neutral third party.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 4, eff. September 1, 2019.


Sec. 29.457. FUNDING. (a) In addition to other funding to which a school district is entitled under this code, each district in which alleged offender residents attend school is entitled to an annual allotment of $5,100 for each resident in average daily attendance or a different amount for any year provided by appropriation.


(b) Not later than December 1 of each year, a school district that receives an allotment under this section shall submit a report accounting for the expenditure of funds received under this section to the governor, the lieutenant governor, the speaker of the house of representatives, the chairs of the standing committees of the senate and house of representatives with primary jurisdiction regarding persons with intellectual and developmental disabilities and public education, and each member of the legislature whose district contains any portion of the territory included in the school.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 5, eff. September 1, 2019.


Sec. 29.458. RULES. The commissioner may adopt rules as necessary to administer this subchapter.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


SUBCHAPTER N. PATHWAYS IN TECHNOLOGY EARLY COLLEGE HIGH SCHOOL (P-TECH) PROGRAM



Sec. 29.551. DEFINITIONS. In this subchapter:


(1) "Advisory council" means the P-TECH advisory council.


(2) "Articulation agreement" means a written commitment between school districts or open-enrollment charter schools and institutions of higher education to a program designed to provide students with a nonduplicative sequence of progressive achievement leading to degrees or certificates in a work-based education program.


(3) "Institution of higher education" has the meaning assigned by Section 61.003.


(4) "P-TECH program" means the Pathways in Technology Early College High School program established under this subchapter.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


Sec. 29.552. P-TECH ADVISORY COUNCIL. (a) The advisory council is composed of:


(1) three members representing school districts and open-enrollment charter schools appointed as follows:


(A) one member appointed by the governor;


(B) one member appointed by the lieutenant governor; and


(C) one member appointed by the speaker of the house of representatives;


(2) three members representing institutions of higher education appointed as follows:


(A) one member appointed by the governor;


(B) one member appointed by the lieutenant governor; and


(C) one member appointed by the speaker of the house of representatives; and


(3) six members representing industry or business partners that participate or seek to participate in the P-TECH program appointed as follows:


(A) two members appointed by the governor;


(B) two members appointed by the lieutenant governor; and


(C) two members appointed by the speaker of the house of representatives.


(b) A member of the advisory council serves at the will of the member's appointing authority.


(c) The advisory council shall provide recommendations to the commissioner regarding:


(1) the establishment and administration of the P-TECH program; and


(2) the criteria for a campus's designation as a P-TECH school under Section 29.556.


(d) A member of the advisory council may not receive compensation for service on the advisory council but, subject to the availability of funding, may receive reimbursement for actual and necessary expenses, including travel expenses, incurred in performing advisory council duties. The advisory council may solicit and accept gifts, grants, and donations to pay for those expenses.


(e) Chapter 2110, Government Code, does not apply to the advisory council.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


Sec. 29.553. P-TECH PROGRAM. (a) The commissioner shall establish and administer a Pathways in Technology Early College High School (P-TECH) program for students who wish to participate in a work-based education program.


(b) The P-TECH program must:


(1) be open enrollment;


(2) provide for a course of study that enables a participating student in grade levels 9 through 12 to combine high school courses and postsecondary courses;


(3) allow a participating student to complete high school and, on or before the sixth anniversary of the date of the student's first day of high school:


(A) receive a high school diploma and an associate degree, a two-year postsecondary certificate, or industry certification; and


(B) complete work-based training through an internship, apprenticeship, or other job training program;


(4) include:


(A) articulation agreements with institutions of higher education in this state to provide a participating student access to postsecondary educational and training opportunities at an institution of higher education; and


(B) memoranda of understanding with regional industry or business partners in this state to provide a participating student access to work-based training and education; and


(5) provide a participating student flexibility in class scheduling and academic mentoring.


(c) Each articulation agreement under Subsection (b)(4)(A) must address:


(1) curriculum alignment;


(2) instructional materials;


(3) the instructional calendar;


(4) courses of study;


(5) student enrollment and attendance;


(6) grading periods and policies; and


(7) administration of statewide assessment instruments under Subchapter B, Chapter 39.


(d) Each memorandum of understanding under Subsection (b)(4)(B) must include an agreement that the regional industry or business partner will give to a student who receives work-based training or education from the partner under the P-TECH program first priority in interviewing for any jobs for which the student is qualified that are available on the student's completion of the program.


(e) A student participating in the P-TECH program is entitled to the benefits of the Foundation School Program in proportion to the amount of time spent by the student on high school courses, in accordance with rules adopted by the commissioner, while completing the course of study established by the applicable articulation agreement or memorandum of understanding under Subsection (b)(4).


(f) The P-TECH program must be provided at no cost to participating students.


(g) The commissioner may accept gifts, grants, and donations from any source, including private and nonprofit organizations, for the P-TECH program. A private or nonprofit organization that contributes to the program may receive an award under Section 7.113.


(h) The commissioner shall collaborate with the Texas Workforce Commission and the Texas Higher Education Coordinating Board to develop and implement a plan for the P-TECH program that addresses:


(1) regional workforce needs;


(2) credit transfer policies between institutions of higher education; and


(3) internships, apprenticeships, and other work-based education programs.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


Sec. 29.554. ACCIDENT MEDICAL EXPENSE, LIABILITY, AND AUTOMOBILE INSURANCE COVERAGE. (a) The board of trustees of a school district or the governing body of an open-enrollment charter school may obtain accident medical expense, liability, or automobile insurance coverage to protect:


(1) a business or entity that partners with the district or school under Section 29.553 to provide students with work-based training and education under the P-TECH program; and


(2) a student enrolled in the district or at the school who participates in the district's or school's P-TECH program.


(b) The coverage authorized by this section must be:


(1) obtained from a reliable insurer authorized to engage in business in this state; or


(2) provided through a self-funded risk pool of which the school district or open-enrollment charter school is a member.


(c) The amount of coverage the school district or open-enrollment charter school obtains must be reasonable considering the financial condition of the district or school and may not exceed the amount that, in the opinion of the board of trustees or governing body, is reasonably necessary.


(d) If the board of trustees of a school district or governing body of an open-enrollment charter school obtains accident medical expense, liability, or automobile insurance coverage under this section, the district or school shall notify the parent or guardian of each student participating in the P-TECH program.


(e) The failure of any board of trustees of a school district or governing body of an open-enrollment charter school to obtain coverage, or any specific amount of coverage, authorized by this section may not be construed as placing any legal liability on the district or school or the district's or school's officers, agents, or employees for any injury that results.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


Sec. 29.556. P-TECH SCHOOL DESIGNATION AND GRANT PROGRAM. (a) A school district or open-enrollment charter school that implements or seeks to implement the P-TECH program at a campus may apply to the commissioner for designation of the campus as a P-TECH school in accordance with procedures established by the commissioner.


(b) From funds appropriated for that purpose, the commissioner by rule shall establish a grant program to assist school districts and open-enrollment charter schools in implementing the P-TECH program at a campus designated as a P-TECH school under Subsection (a). The commissioner may use not more than three percent of the funds appropriated for the grant program to cover the cost of administering the grant program and to provide technical assistance and support to P-TECH schools.


(c) The commissioner shall establish the criteria for a campus's designation as a P-TECH school and for participation in the grant program under this section. The criteria must require a school district or open-enrollment charter school to:


(1) enter into an articulation agreement under Section 29.553 only with institutions of higher education that are accredited by a national or regional accrediting agency recognized by the Texas Higher Education Coordinating Board;


(2) review and, as necessary, update each memorandum of understanding with a regional industry or business partner under Section 29.553 at least once every two years; and


(3) explain how the district's or school's P-TECH program will address regional workforce needs.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


Sec. 29.557. RULES. (a) The commissioner shall adopt rules as necessary to administer the P-TECH program, including rules to ensure a student participating in the program is not considered for accountability purposes to have dropped out of high school or failed to complete the curriculum requirements for high school graduation until after the sixth anniversary of the date of the student's first day in high school. The rules may provide for giving preference in receiving program benefits to a student who is in the first generation of the student's family to attend college and may establish other distinctions or criteria based on student need.


(b) The commissioner shall consult the Texas Higher Education Coordinating Board in administering the program. The Texas Higher Education Coordinating Board may adopt rules as necessary to exercise its powers and duties under this subchapter.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


SUBCHAPTER Z. MISCELLANEOUS PROGRAMS



Sec. 29.901. MILITARY INSTRUCTION. (a) In each school district in which military instruction is conducted under a state or federal law requiring the district to give bond or otherwise indemnify this state or the United States or any authorized agency of either in an amount and on conditions determined by any agency under that law for the care, safekeeping, and return of property furnished, the board of trustees may:


(1) make contracts with the proper governmental agency with respect to the teaching of courses in military training; and


(2) execute, as principal or surety, a bond to secure the contracts to procure arms, ammunition, animals, uniforms, equipment, supplies, means of transportation, or other needed property.


(b) In a district in which military instruction is given as provided by Subsection (a), available school funds may be spent to:


(1) procure from any guaranty or surety company any bond authorized by Subsection (a), in the amount and on the conditions required by the governmental agency; or


(2) reimburse this state or the United States for any loss pursuant to the terms of any contract entered into.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.9015. ARMED SERVICES VOCATIONAL APTITUDE BATTERY TEST. (a) Except as provided by Subsection (d) or (e), each school year each school district and open-enrollment charter school shall provide students in grades 10 through 12 an opportunity to take the Armed Services Vocational Aptitude Battery test and consult with a military recruiter.


(b) The test under Subsection (a) must be scheduled:


(1) during normal school hours; and


(2) to optimize student participation, at a time that limits conflicts with extracurricular activities.


(c) Each school district and open-enrollment charter school shall provide each student in grades 10 through 12 and the student's parent or person standing in parental relation to the student a notice of the date, time, and location of the scheduled administration of the Armed Services Vocational Aptitude Battery test.


(d) A school district or open-enrollment charter school may elect not to provide the Armed Services Vocational Aptitude Battery test only if the district or school provides an alternative test that:


(1) assesses a student's aptitude for success in a career field other than a career field that requires postsecondary education;


(2) is free to administer;


(3) requires minimal training and support of district or school faculty and staff to administer the test; and


(4) provides the student with a professional interpretation of the test results that allows the student to:


(A) explore occupations that are consistent with the student's interests and skills; and


(B) develop strategies to attain the student's career goals.


(e) This subsection applies only to a school district, open-enrollment charter school, or high school that, before September 1, 2017, entered into a contract under which a vocational aptitude test that does not comply with the requirements for an alternative test under Subsection (d) is provided to students in grades 10 through 12. A school district, open-enrollment charter school, or high school subject to this subsection may elect not to provide the Armed Services Vocational Aptitude Battery test for the term of the contract. On the expiration of the contract term, the exemption provided by this subsection is not applicable.


(f) Not later than August 1 of each year, the agency shall publish a list of school districts and open-enrollment charter schools that elected under Subsection (d) or (e) not to provide the Armed Services Vocational Aptitude Battery test during the previous school year.


Added by Acts 2017, 85th Leg., R.S., Ch. 949 (S.B. 1843), Sec. 1, eff. June 15, 2017.


Sec. 29.902. DRIVER EDUCATION. (a) The Texas Department of Licensing and Regulation shall develop a program of organized instruction in driver education and traffic safety for public school students. A student who will be 15 years of age or older before a driver education and traffic safety course ends may enroll in the course.


(b) The agency shall establish standards for the certification of professional and paraprofessional personnel who conduct the programs in the public schools.


(c) A school district shall consider offering a driver education and traffic safety course during each school year. If the district offers the course, the district may:


(1) conduct the course and charge a fee for the course in the amount determined by the agency to be comparable to the fee charged by a driver education school that holds a license under Chapter 1001; or


(2) contract with a driver education school that holds a license under Chapter 1001 to conduct the course.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 12.02, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1253 (H.B. 339), Sec. 2, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 1, eff. September 1, 2015.


Sec. 29.9021. WATER SAFETY EDUCATION. The agency by rule shall incorporate a curriculum module on recreational water safety into driver education instruction using the video on recreational water safety produced under Section 12.012, Parks and Wildlife Code, when the agency is notified that the video is available.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1275 (H.B. 673), Sec. 2, eff. June 17, 2011.


Sec. 29.903. CARDIOPULMONARY RESUSCITATION (CPR) INSTRUCTION; DONATIONS TO SCHOOL DISTRICTS FOR USE IN CPR INSTRUCTION. (a) A school district may accept from the agency donations the agency receives under Section 7.026 for use in providing instruction to students in the principles and techniques of CPR. A district may accept other donations, including donations of equipment, for use in providing the instruction.


(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1371, Sec. 8, eff. June 15, 2007.


(c) A district may use resources other than those made available under Section 7.026 or this section to provide instruction to students in the principles and techniques of CPR.


(d) The commissioner may adopt rules as necessary to implement this section.


Added by Acts 2001, 77th Leg., ch. 814, Sec. 2, eff. June 14, 2001. Amended by Acts 2003, 78th Leg., ch. 1275, Sec. 3(6), eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1371 (S.B. 7), Sec. 5, eff. June 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1371 (S.B. 7), Sec. 8, eff. June 15, 2007.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 1677, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.904. PLAN TO INCREASE ENROLLMENT IN INSTITUTIONS OF HIGHER EDUCATION. (a) This section applies only to a school district with one or more high schools that:


(1) during the preceding five years, have had an average of at least 26 students in the high school graduating class; and


(2) for any two consecutive years during the preceding five years, have been among the lowest 10 percent of high schools in this state in the percentage of students graduating from the high school and enrolling for the following academic year in an institution of higher education.


(b) The agency and the Texas Higher Education Coordinating Board shall collaborate in identifying each school district to which this section applies. Not later than May 1 of each year:


(1) the agency shall notify a district to which this section applies of the applicability of this section to the district unless the district is operating under a plan required by this section; and


(2) the coordinating board shall notify each public institution of higher education in this state in closest geographic proximity to a district to which this section applies of the applicability of this section to the district unless the district is operating under a plan required by this section.


(c) Except as otherwise provided by this subsection, not later than August 1 of the year in which a school district receives notice under Subsection (b), the district shall enter into an agreement with the public institution of higher education in this state in closest geographic proximity to the district to develop a plan to increase the percentage of the district's graduating seniors who enroll in an institution of higher education for the academic year following graduation. The public institution of higher education in this state in closest geographic proximity to the district shall enter into an agreement under this subsection unless that institution of higher education or the district recruits another public institution of higher education in this state to enter into that agreement. A district and the public institution of higher education entering into the agreement with the district may also enter into an agreement with one or more other public institutions of higher education in this state to participate in developing the plan.


(d) A plan developed under this section:


(1) must establish clear, achievable goals for increasing the percentage of the school district's graduating seniors, particularly the graduating seniors attending a high school described by Subsection (a), who enroll in an institution of higher education for the academic year following graduation;


(2) must establish an accurate method of measuring progress toward the goals established under Subdivision (1) that may include the percentage of district high school students and the percentage of students attending a district high school described by Subsection (a) who:


(A) are enrolled in a course for which a student may earn college credit, such as an advanced placement or international baccalaureate course or a course offered through concurrent enrollment in high school and at an institution of higher education;


(B) are enrolled in courses that meet the curriculum requirements for the distinguished level of achievement under the foundation high school program as determined under Section 28.025;


(C) have submitted a free application for federal student aid (FAFSA);


(E) graduate from high school;


(F) graduate from an institution of higher education; and


(G) have taken college entrance examinations and the average score of those students on the examinations;


(3) must cover a period of at least five years; and


(4) may be directed at district students at any level of primary or secondary education.


(e) A school district shall file the plan with the commissioner of education and the commissioner of higher education.


(f) A school district must implement the plan at the beginning of the school year following the year during which the district receives notice under Subsection (b).


(g) A school district may revise the plan as necessary in response to achieving or failing to achieve goals under the plan.


Added by Acts 2001, 77th Leg., ch. 795, Sec. 1, eff. Sept 1, 2001. Renumbered from Education Code Sec. 29.903 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(16), eff. Sept. 1, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 43, eff. June 19, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 25(a), eff. June 10, 2013.


Acts 2017, 85th Leg., R.S., Ch. 842 (H.B. 2223), Sec. 2.02, eff. June 15, 2017.


Sec. 29.905. COMMUNITY EDUCATION RELATING TO HATE CRIME LAW. (a) The attorney general, in cooperation with the agency, shall develop a program that provides instruction about state laws on hate crimes:


(1) at appropriate grade levels, to students; and


(2) to the community at large.


(b) The agency shall make the program available to a school on the request of the board of trustees or the school district of which the school is a part, or if the school is an open-enrollment charter school, on the request of the governing body of the school.


Added by Acts 2001, 77th Leg., ch. 85, Sec. 6.01, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 29.903 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(17), eff. Sept. 1, 2003.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 123, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.906. CHARACTER TRAITS INSTRUCTION. (a) The State Board of Education shall integrate positive character traits into the essential knowledge and skills adopted for kindergarten through grade 12, as appropriate.


(b) The State Board of Education must include the following positive character traits:


(1) courage;


(2) trustworthiness, including honesty, reliability, punctuality, and loyalty;


(3) integrity;


(4) respect and courtesy;


(5) responsibility, including accountability, diligence, perseverance, and self-control;


(6) fairness, including justice and freedom from prejudice;


(7) caring, including kindness, empathy, compassion, consideration, patience, generosity, and charity;


(8) good citizenship, including patriotism, concern for the common good and the community, and respect for authority and the law;


(9) school pride; and


(10) gratitude.


(c) Each school district and open-enrollment charter school must adopt a character education program that includes the positive character traits listed in Subsection (b). In developing or selecting a character education program under this section, a school district shall consult with a committee selected by the district that consists of:


(1) parents of district students;


(2) educators; and


(3) other members of the community, including community leaders.


(d) This section does not require or authorize proselytizing or indoctrinating concerning any specific religious or political belief.


(e) The agency shall:


(1) maintain a list of character education programs that school districts have implemented that meet the criteria under Subsection (b);


(2) based on data reported by districts, annually designate as a Character Plus School each school that provides a character education program that:


(A) meets the criteria prescribed by Subsection (b); and


(B) is approved by the committee selected under Subsection (c); and


(3) include in the report required under Section 39.332:


(A) based on data reported by districts, the impact of character education programs on student discipline and academic achievement; and


(B) other reported data relating to character education programs the agency considers appropriate for inclusion.


(f) The agency may accept money from federal government and private sources to use in assisting school districts in implementing character education programs that meet the criteria prescribed by Subsection (b).


(g) The State Board of Education may adopt rules as necessary to implement this section.


Added by Acts 2001, 77th Leg., ch. 478, Sec. 1, eff. June 11, 2001. Renumbered from Education Code Sec. 29.903 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(18), eff. Sept. 1, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 44, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 1057 (H.B. 1026), Sec. 1, eff. June 14, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1057 (H.B. 1026), Sec. 2, eff. June 14, 2019.


Sec. 29.907. CELEBRATE FREEDOM WEEK. (a) To educate students about the sacrifices made for freedom in the founding of this country and the values on which this country was founded, the week in which September 17 falls is designated as Celebrate Freedom Week in public schools. For purposes of this subsection, Sunday is considered the first day of the week.


(b) The agency, in cooperation with other state agencies who voluntarily participate, may promote Celebrate Freedom Week through a coordinated program. Nothing in this subsection shall give any other state agency the authority to develop a program that provides instruction unless funds are specifically appropriated to that agency for that purpose.


Added by Acts 2001, 77th Leg., ch. 451, Sec. 1, eff. June 7, 2001. Renumbered from Education Code Sec. 29.903 and amended by Acts 2003, 78th Leg., ch. 594, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 6.0031, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 40 (H.B. 708), Sec. 1, eff. May 8, 2007.


Sec. 29.9071. TEXAS MILITARY HEROES DAY. (a) To educate students about the sacrifices made by brave Texans who have served in the armed forces of the United States, the governor shall designate a day to be known as Texas Military Heroes Day in public schools.


(b) Texas Military Heroes Day shall include appropriate instruction, as determined by each school district. Instruction may include:


(1) information about persons who have served in the armed forces of the United States and are from the community or the geographic area in which the district is located; and


(2) participation, in person or using technology, in age-appropriate learning projects at battlefields and gravesites associated with a person who has served in the armed forces.


(c) The agency may collaborate with other state agencies to promote Texas Military Heroes Day.


Added by Acts 2017, 85th Leg., R.S., Ch. 759 (S.B. 1901), Sec. 1, eff. June 12, 2017.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 3257, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.9072. HOLOCAUST REMEMBRANCE WEEK. (a) In this section, "Holocaust" has the meaning assigned by Section 449.001, Government Code.


(b) To educate students about the Holocaust and inspire in students a sense of responsibility to recognize and uphold human value and to prevent future atrocities, the governor shall designate a week to be known as Holocaust Remembrance Week in public schools.


(c) Holocaust Remembrance Week shall include age-appropriate instruction, as determined by each school district. Instruction shall include:


(1) information about the history of and lessons learned from the Holocaust;


(2) participation, in person or using technology, in learning projects about the Holocaust; and


(3) the use of materials developed or approved by the Texas Holocaust and Genocide Commission.


Added by Acts 2019, 86th Leg., R.S., Ch. 654 (S.B. 1828), Sec. 1, eff. June 10, 2019.


Sec. 29.908. EARLY COLLEGE EDUCATION PROGRAM. (a) The commissioner shall establish and administer an early college education program for students who are at risk of dropping out of school or who wish to accelerate completion of the high school program. For purposes of this subsection, "student at risk of dropping out of school" has the meaning assigned by Section 29.081.


(b) The program must:


(1) provide for a course of study that enables a participating student to combine high school courses and college-level courses during grade levels 9 through 12;


(2) allow a participating student to complete high school and, on or before the fifth anniversary of the date of the student's first day of high school, receive a high school diploma and either:


(A) an associate degree; or


(B) at least 60 semester credit hours toward a baccalaureate degree;


(3) include articulation agreements with colleges, universities, and technical schools in this state to provide a participating student access to postsecondary educational and training opportunities at a college, university, or technical school; and


(4) provide a participating student flexibility in class scheduling and academic mentoring.


(b-1) Each articulation agreement under Subsection (b)(3) must address:


(1) curriculum alignment;


(2) instructional materials;


(3) the instructional calendar;


(4) courses of study;


(5) eligibility of students for higher education financial assistance;


(6) student enrollment and attendance;


(7) grading periods and policies; and


(8) administration of statewide assessment instruments under Subchapter B, Chapter 39.


(b-2) The P-16 Council established under Section 61.076 shall provide guidance in case of any conflict that arises between parties to an articulation agreement under Subsection (b)(3).


(c) A student participating in the program is entitled to the benefits of the Foundation School Program in proportion to the amount of time spent by the student on high school courses, in accordance with rules adopted by the commissioner, while completing the course of study established by the applicable articulation agreement under Subsection (b)(3).


(d) The commissioner may accept gifts, grants, and donations from any source, including private and nonprofit organizations. Private and nonprofit organizations that contribute to the fund shall receive an award under Section 7.113.


(e) The commissioner shall collaborate with the Texas Workforce Commission and the Texas Higher Education Coordinating Board to develop and implement a strategic plan to enhance private industry participation under this section. The plan must include:


(1) strategies to increase private industry participation; and


(2) incentives for businesses and nonprofit organizations that choose to make donations and work with high schools that participate in a program under this section to maximize job placement opportunities for program graduates.


(f) Not later than December 1, 2014, the commissioner shall provide a report that summarizes the strategic plan developed under Subsection (e) to the lieutenant governor, the speaker of the house of representatives, the governor, the Texas Workforce Commission, and the Texas Higher Education Coordinating Board. The Texas Education Agency, the Texas Workforce Commission, and the Texas Higher Education Coordinating Board shall each make the report available on the respective agency's Internet website.


(g) The commissioner may adopt rules as necessary to administer the program. The rules may provide for giving preference in receiving program benefits to a student who is in the first generation of the student's family to attend college and may establish other distinctions or criteria based on student need. The commissioner shall consult the Texas Higher Education Coordinating Board in administering the program. The Texas Higher Education Coordinating Board may adopt rules as necessary to exercise its powers and duties under this section. The P-16 Council may make recommendations, including recommendations for rules, concerning administration of the program.


Added by Acts 2003, 78th Leg., ch. 1201, Sec. 2, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 879 (S.B. 1146), Sec. 1, eff. June 17, 2005.


Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 4.006, eff. September 1, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 1220 (S.B. 1557), Sec. 1, eff. September 1, 2013.


Sec. 29.909. DISTANCE LEARNING COURSES. (a) A school district or open-enrollment charter school that provides a course through distance learning and seeks to inform other districts or schools of the availability of the course may submit information to the agency regarding the course, including the number of positions available for student enrollment in the course. The district or school may submit updated information at the beginning of each semester.


(b) The agency shall make information submitted under this section available on the agency's Internet website.


(c) The commissioner may adopt rules necessary to implement this section, including rules governing student enrollment. The commissioner may not adopt rules governing course pricing, and the price for a course shall be determined by the school districts or open-enrollment charter schools involved.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1386 (H.B. 1926), Sec. 2, eff. June 14, 2013.


Sec. 29.910. PROGRAMS OF MUTUAL BENEFIT. (a) The commissioner, in coordination with appropriate representatives of institutions of higher education and school districts, shall develop:


(1) a diagnostic and assistance program for each subject assessed by an assessment instrument under Section 39.023(c); and


(2) other academic programs of mutual benefit to school districts and institutions of higher education.


(b) The commissioner shall seek private funding to make available and maintain on the Internet each diagnostic and assistance program developed under Subsection (a)(1).


Added by Acts 2003, 78th Leg., ch. 1212, Sec. 10, eff. June 20, 2003.


Sec. 29.911. GENERATION TEXAS WEEK. (a) To educate middle school, junior high school, and high school students about the importance of higher education, each school district and each open-enrollment charter school offering any of those grade levels shall designate one week during the school year as Generation Texas Week.


(b) During the designated week, each middle school, junior high school, and high school shall provide students with comprehensive grade-appropriate information regarding the pursuit of higher education. The information provided must include information regarding:


(1) higher education options available to students;


(2) standard admission requirements for institutions of higher education, including:


(A) overall high school grade point average;


(B) required curriculum;


(C) college readiness standards and expectations as determined under Section 28.008; and


(D) scores necessary on generally recognized tests or assessment instruments used in admissions determinations, including the Scholastic Assessment Test and the American College Test;


(3) automatic admission of certain students to general academic teaching institutions as provided by Section 51.803; and


(4) financial aid availability and requirements, including the financial aid information provided by school counselors under Section 33.007(b).


(c) In addition to the information provided under Subsection (b), each middle school, junior high school, and high school shall provide to the students during the designated week at least one public speaker to promote the importance of higher education.


Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 12, eff. June 15, 2007.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 1033 (H.B. 2909), Sec. 1, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 1033 (H.B. 2909), Sec. 2, eff. June 17, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 23, eff. June 14, 2013.


Sec. 29.915. FINANCIAL LITERACY PILOT PROGRAM. (a) In this section, "program" means the financial literacy pilot program.


(b) To the extent funding is available under Subsection (e), the agency by rule shall establish and implement a financial literacy pilot program to provide students in participating school districts with the knowledge and skills necessary as self-supporting adults to make critical decisions relating to personal financial matters.


(c) The agency shall collaborate with the Office of Consumer Credit Commissioner and the State Securities Board to develop the curriculum and instructional materials for the program. The curriculum and instructional materials must include information about:


(1) avoiding and eliminating credit card debt;


(2) understanding the rights and responsibilities of renting or buying a home;


(3) managing money to make the transition from renting a home to home ownership;


(4) starting a small business;


(5) being a prudent investor in the stock market and using other investment options;


(6) beginning a savings program;


(7) bankruptcy;


(8) the types of bank accounts available to consumers and the benefits of maintaining a bank account;


(9) balancing a check book;


(10) the types of loans available to consumers and becoming a low-risk borrower; and


(11) the use of insurance as a means of protecting against financial risk.


(d) The agency shall develop an application and selection process for selecting school districts to participate in the program. The agency may select not more than 100 school districts to participate in the program.


(e) The agency may solicit and accept a gift, grant, or donation from any source, including a foundation, private entity, governmental entity, or institution of higher education, for the implementation of the program. The program may be implemented only if sufficient funds are available under this subsection for that purpose.


Added by Acts 2005, 79th Leg., Ch. 832 (S.B. 851), Sec. 1, eff. June 17, 2005.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 23, eff. September 1, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 1221 (S.B. 1590), Sec. 2, eff. June 14, 2013.


Sec. 29.916. HOME-SCHOOLED STUDENT MERIT SCHOLARSHIP AND ADVANCED PLACEMENT TESTING. (a) In this section:


(1) "Home-schooled student" means a student who predominantly receives instruction in a general elementary or secondary education program that is provided by the parent, or a person standing in parental authority, in or through the child's home.


(2) "PSAT/NMSQT" means the Preliminary SAT/National Merit Scholarship Qualifying Test sponsored by the College Board and Educational Testing Service and the National Merit Scholarship Corporation.


(b) A school district shall permit a home-schooled student entitled under Section 25.001 to attend public school in the district to participate in an administration of the PSAT/NMSQT or a college advanced placement test offered by the district. A school district shall require a home-schooled student to pay the same fee to participate in a test under this subsection that a student enrolled in the district is required to pay.


(c) A school district shall post on an Internet website maintained by the district the date the PSAT/NMSQT will be administered and the date any college advanced placement tests will be administered. The notice required under this subsection must state that the PSAT/NMSQT or the advanced placement test is available for home-schooled students eligible to attend school in the district and describe the procedures for a home-schooled student to register for the test. A school district that does not maintain an Internet website must publish the information required by this subsection in a newspaper in the district. If a newspaper is not published in the school district, the district shall provide for the publication of notice in at least one newspaper in the county in which the district's central administrative office is located. The information required under this subsection must be posted or published at the same time and with the same frequency with which the information is provided to a student who attends a district school.


(d) The commissioner may adopt rules as necessary to implement this section.


Added by Acts 2007, 80th Leg., R.S., Ch. 1211 (H.B. 1844), Sec. 1, eff. June 15, 2007.


Sec. 29.917. HIGHER EDUCATION AND WORKFORCE READINESS PROGRAMS. (a) From funds appropriated for the purpose, the commissioner may award grants to organizations that provide volunteers to teach classroom or after-school programs to enhance:


(1) college readiness;


(2) workforce readiness;


(3) dropout prevention; or


(4) personal financial literacy.


(b) To implement or administer a program under this section, the commissioner may accept gifts, grants, and donations from public or private entities.


(c) The commissioner may conduct a study of the programs under this section to determine the success of the programs in preparing students for higher education and participation in the workforce.


Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 12, eff. June 15, 2007.


Sec. 29.918. DROPOUT PREVENTION STRATEGIES. (a) Notwithstanding Section 48.104, a school district or open-enrollment charter school with a high dropout rate, as determined by the commissioner, must submit a plan to the commissioner describing the manner in which the district or charter school intends to use the compensatory education allotment under Section 48.104 for developing and implementing research-based strategies for dropout prevention. The district or charter school shall submit the plan not later than December 1 of each school year preceding the school year in which the district or charter school will receive the compensatory education allotment to which the plan applies.


(b) A school district or open-enrollment charter school to which this section applies may not spend or obligate more than 25 percent of the district's or charter school's compensatory education allotment unless the commissioner approves the plan submitted under Subsection (a). The commissioner shall complete an initial review of the district's or charter school's plan not later than March 1 of the school year preceding the school year in which the district or charter school will receive the compensatory education allotment to which the plan applies.


(c) The commissioner shall adopt rules to administer this section. The commissioner may impose interventions or sanctions under Subchapter A, Chapter 39A, or Section 39A.251, 39A.252, or 39A.253 if a school district or open-enrollment charter school fails to timely comply with this section.


(d) A school district or open-enrollment charter school to which this section applies shall, in its plan submitted under Subsection (a):


(1) design a dropout recovery plan that includes career and technology education courses or technology applications courses that lead to industry or career certification;


(2) integrate into the dropout recovery plan research-based strategies to assist students in becoming able academically to pursue postsecondary education, including:


(A) high-quality, college readiness instruction with strong academic and social supports;


(B) secondary to postsecondary bridging that builds college readiness skills, provides a plan for college completion, and ensures transition counseling; and


(C) information concerning appropriate supports available in the first year of postsecondary enrollment to ensure postsecondary persistence and success, to the extent funds are available for the purpose; and


(3) plan to offer advanced academic and transition opportunities, including dual credit courses and college preparatory courses, such as advanced placement courses.


(e) A school district to which this section applies may enter into a partnership with a public junior college in accordance with Section 29.402 in order to fulfill a plan submitted under Subsection (a).


(f) Any program designed to fulfill a plan submitted under Subsection (a) must comply with the requirements of Sections 29.081(e) and (f).


Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 12, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 45, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 24, eff. September 1, 2009.


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(18), eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 10, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.037, eff. September 1, 2019.


Sec. 29.920. WINTER CELEBRATIONS. (a) A school district may educate students about the history of traditional winter celebrations, and allow students and district staff to offer traditional greetings regarding the celebrations, including:


(1) "Merry Christmas";


(2) "Happy Hanukkah"; and


(3) "happy holidays."


(b) Except as provided by Subsection (c), a school district may display on school property scenes or symbols associated with traditional winter celebrations, including a menorah or a Christmas image such as a nativity scene or Christmas tree, if the display includes a scene or symbol of:


(1) more than one religion; or


(2) one religion and at least one secular scene or symbol.


(c) A display relating to a traditional winter celebration may not include a message that encourages adherence to a particular religious belief.


Added by Acts 2013, 83rd Leg., R.S., Ch. 236 (H.B. 308), Sec. 1, eff. June 14, 2013.


Sec. 29.922. TEXAS WORKFORCE INNOVATION NEEDS PROGRAM. (a) In this section:


(1) "Private or independent institution of higher education" has the meaning assigned by Section 61.003.


(2) "Program" means the Texas Workforce Innovation Needs Program.


(b) The Texas Workforce Innovation Needs Program is established to:


(1) provide selected school districts, public institutions of higher education, and private or independent institutions of higher education with the opportunity to establish innovative programs designed to prepare students for careers for which there is demand in this state; and


(2) use the results of those programs to inform the governor, legislature, and commissioner concerning methods for transforming public education and higher education in this state by improving student learning and career preparedness.


(c) To apply to participate in the program, a school district, public institution of higher education, or private or independent institution of higher education must use the form and apply in the time and manner established by commissioner rule. The application process must require each applicant district or institution of higher education to submit a detailed plan as required by Subsections (d) and (e) of the instruction and accountability the applicant would provide under the program.


(d) A plan submitted under Subsection (c):


(1) must:


(A) be designed to support improved instruction of and learning by students and provide evidence of the accurate assessment of the quality of learning on campus;


(B) describe any waiver of an applicable prohibition, requirement, or restriction for which the district or institution of higher education intends to apply; and


(C) include any other information required by commissioner rule; and


(2) may, if submitted by a school district, designate one or more campuses rather than the entire district to participate in the program.


(e) In addition to satisfying the requirements under Subsection (d)(1), a plan submitted under Subsection (c) must, to the greatest extent appropriate for the grade or higher education levels served under the program, either:


(1) focus on engagement of students in competency-based learning as necessary to earn postsecondary credentials, including:


(A) career and technical certificates;


(B) associate's degrees;


(C) bachelor's degrees; and


(D) graduate degrees; or


(2) incorporate career and technical courses into dual enrollment courses or into the early college education program under Section 29.908 to provide students the opportunity to earn a career or technical certificate or associate's degree.


(f) From among the school districts and institutions of higher education that apply as required under this section, the commissioner shall select those school districts and institutions of higher education that present the plans that are most likely to be effective in producing the next generation of higher performing public schools and institutions of higher education that provide education and training in an innovative form and manner to prepare students for careers for which there is demand in this state.


(g) The commissioner shall convene program leaders periodically to discuss methods to transform learning opportunities for all students, build cross-institution support systems and training, and share best practices tools and processes.


(h) A school district or institution of higher education participating in the program or the commissioner may, for purposes of this section, accept gifts, grants, or donations from any source, including a private or governmental entity.


(i) To cover the costs of administering the program, the commissioner may charge a fee to a school district or institution of higher education participating in the program.


(j) In consultation with interested school districts, institutions of higher education, and other appropriate interested persons, the commissioner shall adopt rules as necessary for purposes of this section.


Added by Acts 2013, 83rd Leg., R.S., Ch. 215 (H.B. 3662), Sec. 1, eff. June 10, 2013.


Sec. 29.923. WORKPLACE SAFETY TRAINING INFORMATION. (a) The agency shall collect and make available to a school district on request information regarding workplace safety training that may be included as part of the district's curriculum.


(b) A school district may develop a workplace safety program that provides educators access to the information described by Subsection (a) and encourages educators to include the workplace safety training information in the curriculum of appropriate courses provided to students enrolled in grades 7 through 12.


Added by Acts 2017, 85th Leg., R.S., Ch. 461 (H.B. 2010), Sec. 1, eff. June 9, 2017.


Sec. 29.924. BLENDED LEARNING GRANT PROGRAM. (a) In this section, "blended learning" means an instructional delivery method that combines classroom and online instruction.


(b) From funds appropriated or available for purposes of this section, the commissioner shall establish a grant program to assist school districts and open-enrollment charter schools in developing and implementing effective blended learning models, including an innovative mathematics instructional program at a campus designated as a mathematics innovation zone as provided by Section 28.020. In awarding grants under the program, the commissioner shall give priority to school districts and open-enrollment charter schools that have the highest enrollment of students who are educationally disadvantaged.


(c) A school district or open-enrollment charter school that receives a grant under this section must:


(1) develop a plan to implement a blended learning model that meets the requirements under Subsection (d);


(2) provide training to teachers and other relevant personnel on effective blended learning practices using a program approved by the commissioner for that purpose;


(3) after completion of the training under Subdivision (2):


(A) certify to the agency that the blended learning model has been implemented; and


(B) immediately following the fourth school year of implementation, submit to the agency a report on student outcomes under the blended learning model; and


(4) provide any other information to the agency as necessary for the implementation of this section.


(d) A plan to implement a blended learning model developed under Subsection (c) must:


(1) during the first year require implementation of the model across an entire grade level at a campus and permit subsequent expansion of the model to additional grade levels at the campus or, if the campus has achieved full implementation of the model across all grade levels, to additional campuses in a manner that provides students a consistent learning experience;


(2) require teachers to differentiate instruction for all students in a grade level using the blended learning model, including by:


(A) using curricula and assessments that allow each student to progress at the student's pace based on demonstrated proficiency;


(B) providing learning opportunities that give students, in collaboration with the teacher, control over the time, place, path, and pace of the student's learning; and


(C) allocating a certain amount of instructional preparation time to collaborating with students and developing blended learning lesson plans and activities driven by individual student needs;


(3) provide teachers and other relevant personnel with professional development opportunities regarding blended learning; and


(4) require the use of a proficiency-based assessment to inform instruction and provide teachers with relevant information regarding strengths and gaps in a student's learning and proficiency in the essential knowledge and skills.


(e) Funds awarded under the grant program may be used only to implement a program under this section and satisfy the requirements under Subsection (c).


(f) A school district or open-enrollment charter school may receive a grant under this section for not more than four consecutive school years.


(g) The commissioner shall adopt rules as necessary to implement this section, including rules establishing an application and selection process for awarding grants under this section and a list of programs that may be used for training under Subsection (c)(2). In adopting rules under this subsection, the commissioner may not impose any requirements on a school district's or open-enrollment charter school's plan to implement a blended learning model not listed under Subsection (d).


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.033, eff. June 12, 2019.


Sec. 29.925. TEXAS GIRLS IN STEM. In recognition of Texas Girls in STEM Day, each school district may include throughout the month of March appropriate instruction, activities, and programs to encourage and celebrate women in career fields related to science, technology, engineering, and mathematics. The instruction may include programs that profile women in those fields and related fields, including finance, information technology, data analytics, cybersecurity, and health care cloud architecture.


Added by Acts 2019, 86th Leg., R.S., Ch. 890 (H.B. 3435), Sec. 2, eff. June 10, 2019.

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EDUCATION CODE CHAPTER 29. EDUCATIONAL PROGRAMS

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EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES CHAPTER 29. EDUCATIONAL PROGRAMS SUBCHAPTER A. SPECIAL EDUCATION PROGRAM Sec. 29.001. STATEWIDE PLAN.

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EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES



CHAPTER 29. EDUCATIONAL PROGRAMS



SUBCHAPTER A. SPECIAL EDUCATION PROGRAM



Sec. 29.001. STATEWIDE PLAN. The agency shall develop, and modify as necessary, a statewide design, consistent with federal law, for the delivery of services to children with disabilities in this state that includes rules for the administration and funding of the special education program so that a free appropriate public education is available to all of those children between the ages of three and 21. The statewide design shall include the provision of services primarily through school districts and shared services arrangements, supplemented by regional education service centers. The agency shall also develop and implement a statewide plan with programmatic content that includes procedures designed to:


(1) ensure state compliance with requirements for supplemental federal funding for all state-administered programs involving the delivery of instructional or related services to students with disabilities;


(2) facilitate interagency coordination when other state agencies are involved in the delivery of instructional or related services to students with disabilities;


(3) periodically assess statewide personnel needs in all areas of specialization related to special education and pursue strategies to meet those needs through a consortium of representatives from regional education service centers, local education agencies, and institutions of higher education and through other available alternatives;


(4) ensure that regional education service centers throughout the state maintain a regional support function, which may include direct service delivery and a component designed to facilitate the placement of students with disabilities who cannot be appropriately served in their resident districts;


(5) allow the agency to effectively monitor and periodically conduct site visits of all school districts to ensure that rules adopted under this section are applied in a consistent and uniform manner, to ensure that districts are complying with those rules, and to ensure that annual statistical reports filed by the districts and not otherwise available through the Public Education Information Management System under Sections 48.008 and 48.009 are accurate and complete;


(6) ensure that appropriately trained personnel are involved in the diagnostic and evaluative procedures operating in all districts and that those personnel routinely serve on district admissions, review, and dismissal committees;


(7) ensure that an individualized education program for each student with a disability is properly developed, implemented, and maintained in the least restrictive environment that is appropriate to meet the student's educational needs;


(8) ensure that, when appropriate, each student with a disability is provided an opportunity to participate in career and technology and physical education classes, in addition to participating in regular or special classes;


(9) ensure that each student with a disability is provided necessary related services;


(10) ensure that an individual assigned to act as a surrogate parent for a child with a disability, as provided by 20 U.S.C. Section 1415(b), is required to:


(A) complete a training program that complies with minimum standards established by agency rule;


(B) visit the child and the child's school;


(C) consult with persons involved in the child's education, including teachers, caseworkers, court-appointed volunteers, guardians ad litem, attorneys ad litem, foster parents, and caretakers;


(D) review the child's educational records;


(E) attend meetings of the child's admission, review, and dismissal committee;


(F) exercise independent judgment in pursuing the child's interests; and


(G) exercise the child's due process rights under applicable state and federal law; and


(11) ensure that each district develops a process to be used by a teacher who instructs a student with a disability in a regular classroom setting:


(A) to request a review of the student's individualized education program;


(B) to provide input in the development of the student's individualized education program;


(C) that provides for a timely district response to the teacher's request; and


(D) that provides for notification to the student's parent or legal guardian of that response.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 430, Sec. 1, eff. Sept. 1, 1999.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 1283 (H.B. 1335), Sec. 1, eff. June 17, 2011.


Acts 2015, 84th Leg., R.S., Ch. 1192 (S.B. 1259), Sec. 1, eff. June 19, 2015.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.023, eff. September 1, 2019.


Sec. 29.0011. PROHIBITED PERFORMANCE INDICATOR. (a) Notwithstanding Section 29.001(5), Section 29.010, or any other provision of this code, the commissioner or agency may not adopt or implement a performance indicator in any agency monitoring system, including the performance-based monitoring analysis system, that solely measures a school district's or open-enrollment charter school's aggregated number or percentage of enrolled students who receive special education services.


(b) Subsection (a) does not prohibit or limit the commissioner or agency from meeting requirements under:


(1) 20 U.S.C. Section 1418(d) and its implementing regulations to collect and examine data to determine whether significant disproportionality based on race or ethnicity is occurring in the state and in the school districts and open-enrollment charter schools in the state with respect to the:


(A) identification of children as children with disabilities, including the identification of children as children with particular impairments;


(B) placement of children with disabilities in particular educational settings; and


(C) incidence, duration, and type of disciplinary actions taken against children with disabilities, including suspensions and expulsions; or


(2) 20 U.S.C. Section 1416(a)(3)(C) and its implementing regulations to address in the statewide plan the percentage of school districts and open-enrollment charter schools with disproportionate representation of racial and ethnic groups in special education and related services and in specific disability categories that results from inappropriate identification.


Added by Acts 2017, 85th Leg., R.S., Ch. 59 (S.B. 160), Sec. 1, eff. May 22, 2017.


Sec. 29.002. DEFINITION. In this subchapter, "special services" means:


(1) special education instruction, which may be provided by professional and supported by paraprofessional personnel in the regular classroom or in an instructional arrangement described by Section 48.102; and


(2) related services, which are developmental, corrective, supportive, or evaluative services, not instructional in nature, that may be required for the student to benefit from special education instruction and for implementation of a student's individualized education program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 767, Sec. 1, eff. June 13, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.024, eff. September 1, 2019.


Sec. 29.003. ELIGIBILITY CRITERIA. (a) The agency shall develop specific eligibility criteria based on the general classifications established by this section with reference to contemporary diagnostic or evaluative terminologies and techniques. Eligible students with disabilities shall enjoy the right to a free appropriate public education, which may include instruction in the regular classroom, instruction through special teaching, or instruction through contracts approved under this subchapter. Instruction shall be supplemented by the provision of related services when appropriate.


(b) A student is eligible to participate in a school district's special education program if the student:


(1) is not more than 21 years of age and has a visual or auditory impairment that prevents the student from being adequately or safely educated in public school without the provision of special services; or


(2) is at least three but not more than 21 years of age and has one or more of the following disabilities that prevents the student from being adequately or safely educated in public school without the provision of special services:


(A) physical disability;


(B) intellectual or developmental disability;


(C) emotional disturbance;


(D) learning disability;


(E) autism;


(F) speech disability; or


(G) traumatic brain injury.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 2, eff. September 1, 2019.


Sec. 29.004. FULL INDIVIDUAL AND INITIAL EVALUATION. (a) A written report of a full individual and initial evaluation of a student for purposes of special education services shall be completed as follows, except as otherwise provided by this section:


(1) not later than the 45th school day following the date on which the school district, in accordance with 20 U.S.C. Section 1414(a), as amended, receives written consent for the evaluation, signed by the student's parent or legal guardian, except that if a student has been absent from school during that period on three or more days, that period must be extended by a number of school days equal to the number of school days during that period on which the student has been absent; or


(2) for students under five years of age by September 1 of the school year and not enrolled in public school and for students enrolled in a private or home school setting, not later than the 45th school day following the date on which the school district receives written consent for the evaluation, signed by a student's parent or legal guardian.


(a-1) If a school district receives written consent signed by a student's parent or legal guardian for a full individual and initial evaluation of a student at least 35 but less than 45 school days before the last instructional day of the school year, the evaluation must be completed and the written report of the evaluation must be provided to the parent or legal guardian not later than June 30 of that year. The student's admission, review, and dismissal committee shall meet not later than the 15th school day of the following school year to consider the evaluation. If a district receives written consent signed by a student's parent or legal guardian less than 35 school days before the last instructional day of the school year or if the district receives the written consent at least 35 but less than 45 school days before the last instructional day of the school year but the student is absent from school during that period on three or more days, Subsection (a)(1) applies to the date the written report of the full individual and initial evaluation is required.


(a-2) For purposes of this section, "school day" does not include a day that falls after the last instructional day of the spring school term and before the first instructional day of the subsequent fall school term. The commissioner by rule may determine days during which year-round schools are recessed that, consistent with this subsection, are not considered to be school days for purposes of this section.


(a-3) Subsection (a) does not impair any rights of an infant or toddler with a disability who is receiving early intervention services in accordance with 20 U.S.C. Section 1431.


(b) The evaluation shall be conducted using procedures that are appropriate for the student's most proficient method of communication.


(c) If a parent or legal guardian makes a written request to a school district's director of special education services or to a district administrative employee for a full individual and initial evaluation of a student, the district shall, not later than the 15th school day after the date the district receives the request:


(1) provide an opportunity for the parent or legal guardian to give written consent for the evaluation; or


(2) refuse to provide the evaluation and provide the parent or legal guardian with notice of procedural safeguards under 20 U.S.C. Section 1415(b).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 767, Sec. 2, eff. June 13, 2001; Acts 2003, 78th Leg., ch. 539, Sec. 3, eff. Sept. 1, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 757 (S.B. 816), Sec. 1, eff. September 1, 2013.


Sec. 29.0041. INFORMATION AND CONSENT FOR CERTAIN PSYCHOLOGICAL EXAMINATIONS OR TESTS. (a) On request of a child's parent, before obtaining the parent's consent under 20 U.S.C. Section 1414 for the administration of any psychological examination or test to the child that is included as part of the evaluation of the child's need for special education, a school district shall provide to the child's parent:


(1) the name and type of the examination or test; and


(2) an explanation of how the examination or test will be used to develop an appropriate individualized education program for the child.


(b) If the district determines that an additional examination or test is required for the evaluation of a child's need for special education after obtaining consent from the child's parent under Subsection (a), the district shall provide the information described by Subsections (a)(1) and (2) to the child's parent regarding the additional examination or test and shall obtain additional consent for the examination or test.


(c) The time required for the district to provide information and seek consent under Subsection (b) may not be counted toward the 60 calendar days for completion of an evaluation under Section 29.004. If a parent does not give consent under Subsection (b) within 20 calendar days after the date the district provided to the parent the information required by that subsection, the parent's consent is considered denied.


Added by Acts 2003, 78th Leg., ch. 1008, Sec. 2, eff. June 20, 2003.


Sec. 29.005. INDIVIDUALIZED EDUCATION PROGRAM. (a) Before a child is enrolled in a special education program of a school district, the district shall establish a committee composed of the persons required under 20 U.S.C. Section 1414(d) to develop the child's individualized education program. If a committee is required to include a regular education teacher, the regular education teacher included must, to the extent practicable, be a teacher who is responsible for implementing a portion of the child's individualized education program.


(b) The committee shall develop the individualized education program by agreement of the committee members or, if those persons cannot agree, by an alternate method provided by the agency. Majority vote may not be used to determine the individualized education program.


(b-1) The written statement of the individualized education program must document the decisions of the committee with respect to issues discussed at each committee meeting. The written statement must include:


(1) the date of the meeting;


(2) the name, position, and signature of each member participating in the meeting; and


(3) an indication of whether the child's parents, the adult student, if applicable, and the administrator agreed or disagreed with the decisions of the committee.


(c) If the individualized education program is not developed by agreement, the written statement of the program required under 20 U.S.C. Section 1414(d) must include the basis of the disagreement. Each member of the committee who disagrees with the individualized education program developed by the committee is entitled to include a statement of disagreement in the written statement of the program.


(d) If the child's parent is unable to speak English, the district shall:


(1) provide the parent with a written or audiotaped copy of the child's individualized education program translated into Spanish if Spanish is the parent's native language; or


(2) if the parent's native language is a language other than Spanish, make a good faith effort to provide the parent with a written or audiotaped copy of the child's individualized education program translated into the parent's native language.


(e) The commissioner by rule may require a school district to include in the individualized education program of a student with autism or another pervasive developmental disorder any information or requirement determined necessary to ensure the student receives a free appropriate public education as required under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.).


(f) The written statement of a student's individualized education program may be required to include only information included in the model form developed under Section 29.0051(a).


(g) The committee may determine that a behavior improvement plan or a behavioral intervention plan is appropriate for a student for whom the committee has developed an individualized education program. If the committee makes that determination, the behavior improvement plan or the behavioral intervention plan shall be included as part of the student's individualized education program and provided to each teacher with responsibility for educating the student.


(h) If a behavior improvement plan or a behavioral intervention plan is included as part of a student's individualized education program under Subsection (g), the committee shall review the plan at least annually and more frequently if appropriate to address:


(1) changes in a student's circumstances that may impact the student's behavior, such as:


(A) the placement of the student in a different educational setting;


(B) an increase or persistence in disciplinary actions taken regarding the student for similar types of behavioral incidents;


(C) a pattern of unexcused absences; or


(D) an unauthorized unsupervised departure from an educational setting; or


(2) the safety of the student or others.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1372, Sec. 1, eff. June 19, 1999; Acts 2001, 77th Leg., ch. 767, Sec. 3, eff. June 13, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 838 (S.B. 882), Sec. 12, eff. September 1, 2005.


Acts 2011, 82nd Leg., R.S., Ch. 1250 (S.B. 1788), Sec. 1, eff. June 17, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 458 (S.B. 914), Sec. 1, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 1192 (S.B. 1259), Sec. 2, eff. June 19, 2015.


Acts 2021, 87th Leg., R.S., Ch. 225 (H.B. 785), Sec. 1, eff. June 4, 2021.


Sec. 29.0051. MODEL FORM. (a) The agency shall develop a model form for use in developing an individualized education program under Section 29.005(b). The form must be clear, concise, well organized, and understandable to parents and educators and may include only:


(1) the information included in the model form developed under 20 U.S.C. Section 1417(e)(1);


(2) a state-imposed requirement relevant to an individualized education program not required under federal law; and


(3) the requirements identified under 20 U.S.C. Section 1407(a)(2).


(b) The agency shall post on the agency's Internet website the form developed under Subsection (a).


(c) A school district may use the form developed under Subsection (a) to comply with the requirements for an individualized education program under 20 U.S.C. Section 1414(d).


Added by Acts 2011, 82nd Leg., R.S., Ch. 1250 (S.B. 1788), Sec. 2, eff. June 17, 2011.


For expiration of this section, see Subsection (e).



Sec. 29.0052. INDIVIDUALIZED EDUCATION PROGRAM SUPPLEMENT. (a) Except as provided by Subsection (b), for each child who was enrolled in a school district's special education program under this subchapter during the 2019-2020 school year or the 2020-2021 school year, the district shall prepare a supplement to be included with the written statement of the individualized education program developed for the child under Section 29.005(b). The supplement must include information indicating:


(1) if applicable, whether the written report of the child's full individual and initial evaluation under Section 29.004 was completed during the 2019-2020 school year or the 2020-2021 school year and, if so, whether the report was completed by the date required under that section;


(2) if applicable, whether the child's initial individualized education program was developed under Section 29.005(b) during the 2019-2020 school year or the 2020-2021 school year and, if so, whether the program was developed by the date required under 34 C.F.R. Section 300.323(c)(1);


(3) whether the provision of special services to the child under an individualized education program during the 2019-2020 school year or the 2020-2021 school year was interrupted, reduced, delayed, suspended, or discontinued; and


(4) whether compensatory educational services are appropriate for the child based on the information under Subdivisions (1)-(3) or any other factors.


(b) Subsection (a) does not apply to a child if during the 2020-2021 school year the written statement of the child's individualized education program documents the information described under Subsections (a)(1)-(4).


(c) Section 29.005(f) and Section 29.0051 do not apply to a supplement prepared for inclusion with a written statement of an individualized education program, as required by this section.


(d) The commissioner may adopt rules as necessary to implement this section.


(e) This section expires September 1, 2023.


Added by Acts 2021, 87th Leg., R.S., Ch. 357 (S.B. 89), Sec. 2, eff. June 7, 2021.


Sec. 29.006. CONTINUING ADVISORY COMMITTEE. (a) The governor shall appoint a continuing advisory committee, composed of 17 members, under 20 U.S.C. Section 1412(a)(21). At least one member appointed under this subsection must be a director of special education programs for a school district.


(b) The appointments are not subject to confirmation by the senate.


(c) Members of the committee are appointed for staggered terms of four years with the terms of eight or nine members expiring on February 1 of each odd-numbered year.


(d) Committee meetings must be conducted in compliance with Chapter 551, Government Code.


(e) The committee shall provide a procedure for members of the public to speak at committee meetings. The procedure may not require a member of the public to register to speak earlier than the day of the meeting.


(f) The agency must post on the agency's Internet website:


(1) contact information for the committee, including an e-mail address;


(2) notice of each open meeting of the committee;


(3) minutes of each open meeting of the committee; and


(4) guidance concerning how to submit public comments to the committee.


(g) The committee shall develop a policy to encourage public participation with the committee.


(h) Not later than January 1 of each odd-numbered year, the committee shall submit a report to the legislature with recommended changes to state law and agency rules relating to special education. The committee shall include the committee's current policy on encouraging public participation, as required by Subsection (g), in the report.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 767, Sec. 4, eff. June 13, 2001.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 44 (H.B. 861), Sec. 1, eff. May 12, 2011.


Acts 2017, 85th Leg., R.S., Ch. 547 (S.B. 436), Sec. 1, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 1.02, eff. June 4, 2019.


Sec. 29.008. CONTRACTS FOR SERVICES; RESIDENTIAL PLACEMENT. (a) A school district, shared services arrangement unit, or regional education service center may contract with a public or private facility, institution, or agency inside or outside of this state for the provision of services to students with disabilities. Each contract for residential placement must be approved by the commissioner. The commissioner may approve a residential placement contract only after at least a programmatic evaluation of personnel qualifications, adequacy of physical plant and equipment, and curriculum content. The commissioner may approve either the whole or a part of a facility or program.


(b) Except as provided by Subsection (c), costs of an approved contract for residential placement may be paid from a combination of federal, state, and local funds. The local share of the total contract cost for each student is that portion of the local tax effort that exceeds the district's local fund assignment under Section 48.256, divided by the average daily attendance in the district. If the contract involves a private facility, the state share of the total contract cost is that amount remaining after subtracting the local share. If the contract involves a public facility, the state share is that amount remaining after subtracting the local share from the portion of the contract that involves the costs of instructional and related services. For purposes of this subsection, "local tax effort" means the total amount of money generated by taxes imposed for debt service and maintenance and operation less any amounts paid into a tax increment fund under Chapter 311, Tax Code.


(c) When a student, including one for whom the state is managing conservator, is placed primarily for care or treatment reasons in a private residential facility that operates its own private education program, none of the costs may be paid from public education funds. If a residential placement primarily for care or treatment reasons involves a private residential facility in which the education program is provided by the school district, the portion of the costs that includes appropriate education services, as determined by the school district's admission, review, and dismissal committee, shall be paid from state and federal education funds.


(d) A district that contracts for the provision of education services rather than providing the services itself shall oversee the implementation of the student's individualized education program and shall annually reevaluate the appropriateness of the arrangement. An approved facility, institution, or agency with whom the district contracts shall periodically report to the district on the services the student has received or will receive in accordance with the contract as well as diagnostic or other evaluative information that the district requires in order to fulfill its obligations under this subchapter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 3, eff. Sept. 1, 1997.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.025, eff. September 1, 2019.


Sec. 29.009. PUBLIC NOTICE CONCERNING PRESCHOOL PROGRAMS FOR STUDENTS WITH DISABILITIES. Each school district shall develop a system to notify the population in the district with children who are at least three years of age but younger than six years of age and who are eligible for enrollment in a special education program of the availability of the program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.010. COMPLIANCE. (a) The agency shall adopt and implement a comprehensive system for monitoring school district compliance with federal and state laws relating to special education. The monitoring system must provide for ongoing analysis of district special education data and of complaints filed with the agency concerning special education services and for inspections of school districts at district facilities. The agency shall use the information obtained through analysis of district data and from the complaints management system to determine the appropriate schedule for and extent of the inspection.


(b) To complete the inspection, the agency must obtain information from parents and teachers of students in special education programs in the district.


(c) The agency shall develop and implement a system of sanctions for school districts whose most recent monitoring visit shows a failure to comply with major requirements of the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.), federal regulations, state statutes, or agency requirements necessary to carry out federal law or regulations or state law relating to special education.


(d) For districts that remain in noncompliance for more than one year, the first stage of sanctions shall begin with annual or more frequent monitoring visits. Subsequent sanctions may range in severity up to the withholding of funds. If funds are withheld, the agency may use the funds to provide, through alternative arrangements, services to students and staff members in the district from which the funds are withheld.


(e) The agency's complaint management division shall develop a system for expedited investigation and resolution of complaints concerning a district's failure to provide special education or related services to a student eligible to participate in the district's special education program.


(f) This section does not create an obligation for or impose a requirement on a school district or open-enrollment charter school that is not also created or imposed under another state law or a federal law.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1417, Sec. 1, eff. June 19, 1999.


Sec. 29.011. TRANSITION PLANNING. (a) The commissioner shall by rule adopt procedures for compliance with federal requirements relating to transition services for students who are enrolled in special education programs under this subchapter. The procedures must specify the manner in which a student's admission, review, and dismissal committee must consider, and if appropriate, address the following issues in the student's individualized education program:


(1) appropriate student involvement in the student's transition to life outside the public school system;


(2) if the student is younger than 18 years of age, appropriate involvement in the student's transition by the student's parents and other persons invited to participate by:


(A) the student's parents; or


(B) the school district in which the student is enrolled;


(3) if the student is at least 18 years of age, involvement in the student's transition and future by the student's parents and other persons, if the parent or other person:


(A) is invited to participate by the student or the school district in which the student is enrolled; or


(B) has the student's consent to participate pursuant to a supported decision-making agreement under Chapter 1357, Estates Code;


(4) appropriate postsecondary education options, including preparation for postsecondary-level coursework;


(5) an appropriate functional vocational evaluation;


(6) appropriate employment goals and objectives;


(7) if the student is at least 18 years of age, the availability of age-appropriate instructional environments, including community settings or environments that prepare the student for postsecondary education or training, competitive integrated employment, or independent living, in coordination with the student's transition goals and objectives;


(8) appropriate independent living goals and objectives;


(9) appropriate circumstances for facilitating a referral of a student or the student's parents to a governmental agency for services or public benefits, including a referral to a governmental agency to place the student on a waiting list for public benefits available to the student, such as a waiver program established under Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c)); and


(10) the use and availability of appropriate:


(A) supplementary aids, services, curricula, and other opportunities to assist the student in developing decision-making skills; and


(B) supports and services to foster the student's independence and self-determination, including a supported decision-making agreement under Chapter 1357, Estates Code.


(a-1) A student's admission, review, and dismissal committee shall annually review the issues described by Subsection (a) and, if necessary, update the portions of the student's individualized education program that address those issues.


(a-2) The commissioner shall develop and post on the agency's Internet website a list of services and public benefits for which referral may be appropriate under Subsection (a)(9).


(b) The commissioner shall require each school district or shared services arrangement to designate at least one employee to serve as the district's or shared services arrangement's designee on transition and employment services for students enrolled in special education programs under this subchapter. The commissioner shall develop minimum training guidelines for a district's or shared services arrangement's designee. An individual designated under this subsection must provide information and resources about effective transition planning and services, including each issue described by Subsection (a), and interagency coordination to ensure that local school staff communicate and collaborate with:


(1) students enrolled in special education programs under this subchapter and the parents of those students; and


(2) as appropriate, local and regional staff of the:


(A) Health and Human Services Commission;


(B) Texas Workforce Commission;


(C) Department of State Health Services; and


(D) Department of Family and Protective Services.


(c) The commissioner shall review and, if necessary, update the minimum training guidelines developed under Subsection (b) at least once every four years. In reviewing and updating the guidelines, the commissioner shall solicit input from stakeholders.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 704, Sec. 1, 2, eff. June 20, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 257 (H.B. 617), Sec. 2, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 574 (S.B. 748), Sec. 1, eff. June 9, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1044 (H.B. 1886), Sec. 2, eff. June 15, 2017.


Sec. 29.0111. BEGINNING OF TRANSITION PLANNING. Appropriate state transition planning under the procedure adopted under Section 29.011 must begin for a student not later than when the student reaches 14 years of age.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1250 (S.B. 1788), Sec. 3, eff. June 17, 2011.


Sec. 29.0112. TRANSITION AND EMPLOYMENT GUIDE. (a) The agency, with assistance from the Health and Human Services Commission, shall develop a transition and employment guide for students enrolled in special education programs and their parents to provide information on statewide services and programs that assist in the transition to life outside the public school system. The agency may contract with a private entity to prepare the guide.


(b) The transition and employment guide must be written in plain language and contain information specific to this state regarding:


(1) transition services;


(2) employment and supported employment services;


(3) social security programs;


(4) community and long-term services and support, including the option to place the student on a waiting list with a governmental agency for public benefits available to the student, such as a waiver program established under Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c));


(5) postsecondary educational programs and services, including the inventory maintained by the Texas Higher Education Coordinating Board under Section 61.0663;


(6) information sharing with health and human services agencies and providers;


(7) guardianship and alternatives to guardianship, including a supported decision-making agreement under Chapter 1357, Estates Code;


(8) self-advocacy, person-directed planning, and self-determination; and


(9) contact information for all relevant state agencies.


(c) The transition and employment guide must be produced in an electronic format and posted on the agency's website in a manner that permits the guide to be easily identified and accessed.


(d) The agency must update the transition and employment guide posted on the agency's website at least once every two years.


(e) A school district shall:


(1) post the transition and employment guide on the district's website if the district maintains a website;


(2) provide written information and, if necessary, assistance to a student or parent regarding how to access the electronic version of the guide at:


(A) the first meeting of the student's admission, review, and dismissal committee at which transition is discussed; and


(B) the first committee meeting at which transition is discussed that occurs after the date on which the guide is updated; and


(3) on request, provide a printed copy of the guide to a student or parent.


Added by Acts 2013, 83rd Leg., R.S., Ch. 257 (H.B. 617), Sec. 3, eff. September 1, 2013.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 747 (H.B. 1807), Sec. 2, eff. June 17, 2015.


Acts 2017, 85th Leg., R.S., Ch. 574 (S.B. 748), Sec. 2, eff. June 9, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1044 (H.B. 1886), Sec. 3, eff. June 15, 2017.


See note following this section.



Sec. 29.012. RESIDENTIAL FACILITIES. (a) Except as provided by Subsection (b)(2), not later than the third day after the date a person 22 years of age or younger is placed in a residential facility, the residential facility shall:


(1) if the person is three years of age or older, notify the school district in which the facility is located, unless the facility is an open-enrollment charter school; or


(2) if the person is younger than three years of age, notify a local early intervention program in the area in which the facility is located.


(b) An agency or political subdivision that funds, licenses, certifies, contracts with, or regulates a residential facility must:


(1) require the facility to comply with Subsection (a) as a condition of the funding, licensing, certification, or contracting; or


(2) if the agency or political subdivision places a person in a residential facility, provide the notice under Subsection (a) for that person.


(c) For purposes of enrollment in a school, a person who resides in a residential facility is considered a resident of the school district or geographical area served by the open-enrollment charter school in which the facility is located.


(c-1) The commissioner by rule shall require each school district and open-enrollment charter school to include in the district's or school's Public Education Information Management System (PEIMS) report the number of children with disabilities residing in a residential facility who:


(1) are required to be tracked by the Residential Facility Monitoring (RFM) System; and


(2) receive educational services from the district or school.


(d) The Texas Education Agency, the Health and Human Services Commission, the Department of Family and Protective Services, and the Texas Juvenile Justice Department by a cooperative effort shall develop and by rule adopt a memorandum of understanding. The memorandum must:


(1) establish the respective responsibilities of school districts and of residential facilities for the provision of a free, appropriate public education, as required by the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) and its subsequent amendments, including each requirement for children with disabilities who reside in those facilities;


(2) coordinate regulatory and planning functions of the parties to the memorandum;


(3) establish criteria for determining when a public school will provide educational services;


(4) provide for appropriate educational space when education services will be provided at the residential facility;


(5) establish measures designed to ensure the safety of students and teachers; and


(6) provide for binding arbitration consistent with Chapter 2009, Government Code, and Section 154.027, Civil Practice and Remedies Code.


(e) This section does not apply to a residential treatment facility for juveniles established under Section 221.056, Human Resources Code.


(f) Except as provided by Subsection (g), a residential facility shall provide to a school district or open-enrollment charter school that provides educational services to a student placed in the facility any information retained by the facility relating to:


(1) the student's school records, including records regarding:


(A) special education eligibility or services;


(B) behavioral intervention plans;


(C) school-related disciplinary actions; and


(D) other documents related to the student's educational needs;


(2) any other behavioral history information regarding the student that is not confidential under another provision of law; and


(3) the student's record of convictions or the student's probation, community supervision, or parole status, as provided to the facility by a law enforcement agency, local juvenile probation department or juvenile parole office, community supervision and corrections department, or parole office, if the information is needed to provide educational services to the student.


(g) Subsection (f) does not apply to a:


(1) juvenile pre-adjudication secure detention facility; or


(2) juvenile post-adjudication secure correctional facility.


Text of Subsection (c-1) effective on June 12, 2017, but only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 764 (S.B. 2080), Sec. 3, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.13, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 767, Sec. 5, eff. June 13, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1187 (H.B. 3689), Sec. 4.002, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 3.003, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 22, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 764 (S.B. 2080), Sec. 1, eff. June 12, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1026 (H.B. 1569), Sec. 1, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 3, eff. September 1, 2019.


Sec. 29.013. NONEDUCATIONAL COMMUNITY-BASED SUPPORT SERVICES FOR CERTAIN STUDENTS WITH DISABILITIES. (a) The agency shall establish procedures and criteria for the allocation of funds appropriated under this section to school districts for the provision of noneducational community-based support services to certain students with disabilities and their families so that those students may receive an appropriate free public education in the least restrictive environment.


(b) The funds may be used only for eligible students with disabilities who would remain or would have to be placed in residential facilities primarily for educational reasons without the provision of noneducational community-based support services.


(c) The support services may include in-home family support, respite care, and case management for families with a student who otherwise would have been placed by a district in a private residential facility.


(d) The provision of services under this section does not supersede or limit the responsibility of other agencies to provide or pay for costs of noneducational community-based support services to enable any student with disabilities to receive a free appropriate public education in the least restrictive environment. Specifically, services provided under this section may not be used for a student with disabilities who is currently placed or who needs to be placed in a residential facility primarily for noneducational reasons.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.014. SCHOOL DISTRICTS THAT PROVIDE EDUCATION SOLELY TO STUDENTS CONFINED TO OR EDUCATED IN HOSPITALS. (a) This section applies only to a school district that provides education and related services only to students who are confined in or receive educational services in a hospital.


(b) A school district to which this section applies may operate an extended year program for a period not to exceed 45 days. The district's average daily attendance shall be computed for the regular school year plus the extended year.


(c) Notwithstanding any other provision of this code, a student whose appropriate education program is a regular education program may receive services and be counted for attendance purposes for the number of hours per week appropriate for the student's condition if the student:


(1) is temporarily classified as eligible for participation in a special education program because of the student's confinement in a hospital; and


(2) the student's education is provided by a district to which this section applies.


(d) The basic allotment for a student enrolled in a district to which this section applies is adjusted by the weight for a homebound student under Section 48.102(a).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.026, eff. September 1, 2019.


Sec. 29.015. SPECIAL EDUCATION DECISION-MAKING FOR CHILDREN IN FOSTER CARE. (a) A foster parent may act as a parent of a child with a disability, as authorized under 20 U.S.C. Section 1415(b) and its subsequent amendments, if:


(1) the Department of Family and Protective Services is appointed as the temporary or permanent managing conservator of the child;


(2) the rights and duties of the department to make decisions regarding education provided to the child under Section 153.371, Family Code, have not been limited by court order; and


(3) the foster parent agrees to:


(A) participate in making special education decisions on the child's behalf; and


(B) complete a training program that complies with minimum standards established by agency rule.


(b) A foster parent who will act as a parent of a child with a disability as provided by Subsection (a) must complete a training program before the next scheduled admission, review, and dismissal committee meeting for the child but not later than the 90th day after the date the foster parent begins acting as the parent for the purpose of making special education decisions.


(b-1) A school district may not require a foster parent to retake a training program to continue serving as a child's parent or to serve as the surrogate parent for another child if the foster parent has completed a training program to act as a parent of a child with a disability provided by:


(1) the Department of Family and Protective Services;


(2) a school district;


(3) an education service center; or


(4) any other entity that receives federal funds to provide special education training to parents.


(c) A foster parent who is denied the right to act as a parent under this section by a school district may file a complaint with the agency in accordance with federal law and regulations.


(d) Not later than the fifth day after the date a child with a disability is enrolled in a school, the Department of Family and Protective Services must inform the appropriate school district if the child's foster parent is unwilling or unable to serve as a parent for the purposes of this subchapter.


Added by Acts 1999, 76th Leg., ch. 430, Sec. 2, eff. Sept. 1, 1999.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 1025 (H.B. 1556), Sec. 1, eff. September 1, 2017.


Sec. 29.0151. APPOINTMENT OF SURROGATE PARENT FOR CERTAIN CHILDREN. (a) This section applies to a child with a disability for whom:


(1) the Department of Family and Protective Services is appointed as the temporary or permanent managing conservator of the child; and


(2) the rights and duties of the department to make decisions regarding the child's education under Section 153.371, Family Code, have not been limited by court order.


(b) Except as provided by Section 263.0025, Family Code, a school district must appoint an individual to serve as the surrogate parent for a child if:


(1) the district is unable to identify or locate a parent for a child with a disability; or


(2) the foster parent of a child is unwilling or unable to serve as a parent for the purposes of this subchapter.


(c) A surrogate parent appointed by a school district may not:


(1) be an employee of the agency, the school district, or any other agency involved in the education or care of the child; or


(2) have any interest that conflicts with the interests of the child.


(d) A surrogate parent appointed by a district must:


(1) be willing to serve in that capacity;


(2) exercise independent judgment in pursuing the child's interests;


(3) ensure that the child's due process rights under applicable state and federal laws are not violated;


(4) complete a training program that complies with minimum standards established by agency rule within the time specified in Section 29.015(b);


(5) visit the child and the school where the child is enrolled;


(6) review the child's educational records;


(7) consult with any person involved in the child's education, including the child's:


(A) teachers;


(B) caseworkers;


(C) court-appointed volunteers;


(D) guardian ad litem;


(E) attorney ad litem;


(F) foster parent; and


(G) caregiver; and


(8) attend meetings of the child's admission, review, and dismissal committee.


(e) The district may appoint a person who has been appointed to serve as a child's guardian ad litem or as a court-certified volunteer advocate, as provided under Section 107.031(c), Family Code, as the child's surrogate parent.


(e-1) As soon as practicable after appointing a surrogate parent under this section, a school district shall provide written notice of the appointment to the child's educational decision-maker and caseworker as required under Section 25.007(b)(10)(H).


(f) If a court appoints a surrogate parent for a child with a disability under Section 263.0025, Family Code, and the school district determines that the surrogate parent is not properly performing the duties listed under Subsection (d), the district shall consult with the Department of Family and Protective Services regarding whether another person should be appointed to serve as the surrogate parent for the child.


(g) On receiving notice from a school district under Subsection (f), if the Department of Family and Protective Services agrees with the district that the appointed surrogate parent is unable or unwilling to properly perform the duties required under this section:


(1) the department shall promptly notify the court of the agreement; and


(2) as soon as practicable after receiving notice under Subdivision (1), the court shall:


(A) review the appointment; and


(B) enter any orders necessary to ensure the child has a surrogate parent who performs the duties required under this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 1025 (H.B. 1556), Sec. 2, eff. September 1, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 781 (H.B. 1709), Sec. 2, eff. June 10, 2019.


Sec. 29.016. EVALUATION CONDUCTED PURSUANT TO A SPECIAL EDUCATION DUE PROCESS HEARING. A special education hearing officer in an impartial due process hearing brought under 20 U.S.C. Section 1415 may issue an order or decision that authorizes one or more evaluations of a student who is eligible for, or who is suspected as being eligible for, special education services. Such an order or decision authorizes the evaluation of the student without parental consent as if it were a court order for purposes of any state or federal law providing for consent by order of a court.


Added by Acts 2001, 77th Leg., ch. 767, Sec. 8, eff. June 13, 2001.


Sec. 29.0161. CONTRACT WITH STATE OFFICE OF ADMINISTRATIVE HEARINGS FOR SPECIAL EDUCATION DUE PROCESS HEARINGS. Not later than December 1, 2003, the agency and the State Office of Administrative Hearings shall jointly determine whether it would be cost-effective for the agency to enter an interagency contract with the office under which the office would conduct all or part of the agency's special education due process hearings under 20 U.S.C. Section 1415 and its subsequent amendments.


Added by Acts 2003, 78th Leg., ch. 201, Sec. 18, eff. Sept. 1, 2003.


Sec. 29.0162. REPRESENTATION IN SPECIAL EDUCATION DUE PROCESS HEARING. (a) A person in an impartial due process hearing brought under 20 U.S.C. Section 1415 may be represented by:


(1) an attorney who is licensed in this state; or


(2) an individual who is not an attorney licensed in this state but who has special knowledge or training with respect to problems of children with disabilities and who satisfies qualifications under Subsection (b).


(b) The commissioner by rule shall adopt additional qualifications and requirements for a representative for purposes of Subsection (a)(2). The rules must:


(1) prohibit an individual from being a representative under Subsection (a)(2) opposing a school district if:


(A) the individual has prior employment experience with the district; and


(B) the district raises an objection to the individual serving as a representative;


(2) include requirements that the representative have knowledge of:


(A) special education due process rules, hearings, and procedure; and


(B) federal and state special education laws;


(3) require, if the representative receives monetary compensation from a person for representation in an impartial due process hearing, that the representative agree to abide by a voluntary code of ethics and professional conduct during the period of representation; and


(4) require, if the representative receives monetary compensation from a person for representation in an impartial due process hearing, that the representative enter into a written agreement for representation with the person who is the subject of the special education due process hearing that includes a process for resolving any disputes between the representative and the person.


(c) A special education due process hearing officer shall determine whether an individual satisfies qualifications under Subsections (a)(2) and (b).


(d) The agency is not required to license or in any way other than as provided by Subsection (b) regulate representatives described by Subsection (a)(2) in a special education impartial due process hearing.


(e) The written agreement for representation required under Subsection (b)(4) is considered confidential and may not be disclosed.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1333 (S.B. 709), Sec. 1, eff. June 14, 2013.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 767 (S.B. 2141), Sec. 1, eff. June 12, 2017.


Sec. 29.0163. PROTECTION OF THE RIGHTS OF MILITARY FAMILIES WITH CHILDREN WITH DISABILITIES. (a) In this section, "servicemember" means a member of:


(1) the armed forces;


(2) the Commissioned Corps of the National Oceanic and Atmospheric Administration; or


(3) the Commissioned Corps of the United States Public Health Service.


(b) The agency must include in the notice of procedural safeguards that the statute of limitations for the parent of a student to request an impartial due process hearing under 20 U.S.C. Section 1415(b) may be tolled if the parent is an active-duty servicemember and 50 U.S.C. Section 3936 applies to the parent.


(c) The commissioner shall adopt rules to implement this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 1089 (H.B. 3632), Sec. 1, eff. June 15, 2017.



Text of section effective on September 01, 2022



Sec. 29.0164. LIMITATION PERIOD FOR FILING COMPLAINT AND REQUESTING SPECIAL EDUCATION DUE PROCESS HEARING. The commissioner or agency may not adopt or enforce a rule that establishes a shorter period for filing a due process complaint alleging a violation of state or federal special education laws and requesting an impartial due process hearing than the maximum timeline designated under 20 U.S.C. Sections 1415(b)(6) and (f)(3).


Added by Acts 2021, 87th Leg., R.S., Ch. 651 (H.B. 1252), Sec. 2, eff. September 1, 2022.


Sec. 29.017. TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY. (a) A student with a disability who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Chapter 31, Family Code, shall have the same right to make educational decisions as a student without a disability, except that the school district shall provide any notice required by this subchapter or 20 U.S.C. Section 1415 to both the student and the parents. All other rights accorded to parents under this subchapter or 20 U.S.C. Section 1415 transfer to the student.


(b) All rights accorded to parents under this subchapter or 20 U.S.C. Section 1415 transfer to students who are incarcerated in an adult or juvenile, state or local correctional institution.


(c) Not later than one year before the 18th birthday of a student with a disability, the school district at which the student is enrolled shall:


(1) provide to the student and the student's parents:


(A) written notice regarding the transfer of rights under this section; and


(B) information and resources regarding guardianship, alternatives to guardianship, including a supported decision-making agreement under Chapter 1357, Estates Code, and other supports and services that may enable the student to live independently; and


(2) ensure that the student's individualized education program includes a statement that the district provided the notice, information, and resources required under Subdivision (1).


(c-1) In accordance with 34 C.F.R. Section 300.520, the school district shall provide written notice to the student and the student's parents of the transfer of rights under this section. The notice must include the information and resources provided under Subsection (c)(1)(B).


(c-2) If a student with a disability or the student's parent requests information regarding guardianship or alternatives to guardianship from the school district at which the student is enrolled, the school district shall provide to the student or parent information and resources on supported decision-making agreements under Chapter 1357, Estates Code.


(c-3) The commissioner shall develop and post on the agency's Internet website a model form for use by school districts in notifying students and parents as required by Subsections (c) and (c-1). The form must include the information and resources described by Subsection (c). The commissioner shall review and update the form, including the information and resources, as necessary.


(d) The commissioner shall develop and post on the agency's Internet website the information and resources described by Subsections (c), (c-1), and (c-2).


(e) Nothing in this section prohibits a student from entering into a supported decision-making agreement under Chapter 1357, Estates Code, after the transfer of rights under this section.


(f) The commissioner shall adopt rules implementing the provisions of 34 C.F.R. Section 300.520(b).


Added by Acts 2001, 77th Leg., ch. 767, Sec. 8, eff. June 13, 2001.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 574 (S.B. 748), Sec. 3, eff. June 9, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1044 (H.B. 1886), Sec. 4, eff. June 15, 2017.


Sec. 29.018. SPECIAL EDUCATION GRANT. (a) From funds appropriated for the purposes of this section, federal funds, or any other funds available, the commissioner shall make grants available to school districts to assist districts in covering the cost of educating students with disabilities.


(b) A school district is eligible to apply for a grant under this section if:


(1) the district does not receive sufficient funds, including state funds provided under Section 48.102 and federal funds, for a student with disabilities to pay for the special education services provided to the student; or


(2) the district does not receive sufficient funds, including state funds provided under Section 48.102 and federal funds, for all students with disabilities in the district to pay for the special education services provided to the students.


(c) A school district that applies for a grant under this section must provide the commissioner with a report comparing the state and federal funds received by the district for students with disabilities and the expenses incurred by the district in providing special education services to students with disabilities.


(d) Expenses that may be included by a school district in applying for a grant under this section include the cost of training personnel to provide special education services to a student with disabilities.


(e) A school district that receives a grant under this section must educate students with disabilities in the least restrictive environment that is appropriate to meet the student's educational needs.


(f) The commissioner shall adopt rules as necessary to administer this section.


Added by Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 16, eff. September 1, 2009.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.027, eff. September 1, 2019.


Sec. 29.019. INDIVIDUALIZED EDUCATION PROGRAM FACILITATION. (a) The agency shall provide information to parents regarding individualized education program facilitation as an alternative dispute resolution method that may be used to avoid a potential dispute between a school district and a parent of a student with a disability. A district that chooses to use individualized education program facilitation shall provide information to parents regarding individualized education program facilitation. The information:


(1) must be included with other information provided to the parent of a student with a disability, although it may be provided as a separate document; and


(2) may be provided in a written or electronic format.


(b) Information provided by the agency under this section must indicate that individualized education program facilitation is an alternative dispute resolution method that some districts may choose to provide.


(c) If a school district chooses to offer individualized education program facilitation as an alternative dispute resolution method:


(1) the district may determine whether to use independent contractors, district employees, or other qualified individuals as facilitators;


(2) the information provided by the district under this section must include a description of any applicable procedures for requesting the facilitation; and


(3) the facilitation must be provided at no cost to a parent.


(d) The use of any alternative dispute resolution method, including individualized education program facilitation, must be voluntary on the part of the participants, and the use or availability of any such method may not in any manner be used to deny or delay the right to pursue a special education complaint, mediation, or due process hearing in accordance with federal law.


(e) Nothing in this section prohibits a school district from using individualized education program facilitation as the district's preferred method of conducting initial and annual admission, review, and dismissal committee meetings.


(f) The commissioner shall adopt rules necessary to implement this section.


Added by Acts 2013, 83rd Leg., R.S., Ch. 539 (S.B. 542), Sec. 1, eff. June 14, 2013.


Sec. 29.020. INDIVIDUALIZED EDUCATION PROGRAM FACILITATION PROJECT. (a) The agency shall develop rules in accordance with this section applicable to the administration of a state individualized education program facilitation project. The program shall include the provision of an independent individualized education program facilitator to facilitate an admission, review, and dismissal committee meeting with parties who are in a dispute about decisions relating to the provision of a free appropriate public education to a student with a disability. Facilitation implemented under the project must comply with rules developed under this subsection.


(b) The rules must include:


(1) a definition of independent individualized education program facilitation;


(2) forms and procedures for requesting, conducting, and evaluating independent individualized education program facilitation;


(3) training, knowledge, experience, and performance requirements for independent facilitators; and


(4) conditions required to be met in order for the agency to provide individualized education program facilitation at no cost to the parties.


(c) If the commissioner determines that adequate funding is available, the commissioner may authorize the use of federal funds to implement the individualized education program facilitation project in accordance with this section.


(d) The commissioner shall adopt rules necessary to implement this section.


Added by Acts 2013, 83rd Leg., R.S., Ch. 539 (S.B. 542), Sec. 1, eff. June 14, 2013.


Sec. 29.022. VIDEO SURVEILLANCE OF SPECIAL EDUCATION SETTINGS. (a) In order to promote student safety, on receipt of a written request authorized under Subsection (a-1), a school district or open-enrollment charter school shall provide equipment, including a video camera, to the school or schools in the district or the charter school campus or campuses specified in the request. A school or campus that receives equipment as provided by this subsection shall place, operate, and maintain one or more video cameras in self-contained classrooms and other special education settings in which a majority of the students in regular attendance are provided special education and related services and are assigned to one or more self-contained classrooms or other special education settings for at least 50 percent of the instructional day, provided that:


(1) a school or campus that receives equipment as a result of the request by a parent or staff member is required to place equipment only in classrooms or settings in which the parent's child is in regular attendance or to which the staff member is assigned, as applicable; and


(2) a school or campus that receives equipment as a result of the request by a board of trustees, governing body, principal, or assistant principal is required to place equipment only in classrooms or settings identified by the requestor, if the requestor limits the request to specific classrooms or settings subject to this subsection.


(a-1) For purposes of Subsection (a):


(1) a parent of a child who receives special education services in one or more self-contained classrooms or other special education settings may request in writing that equipment be provided to the school or campus at which the child receives those services;


(2) a board of trustees or governing body may request in writing that equipment be provided to one or more specified schools or campuses at which one or more children receive special education services in self-contained classrooms or other special education settings;


(3) the principal or assistant principal of a school or campus at which one or more children receive special education services in self-contained classrooms or other special education settings may request in writing that equipment be provided to the principal's or assistant principal's school or campus; and


(4) a staff member assigned to work with one or more children receiving special education services in self-contained classrooms or other special education settings may request in writing that equipment be provided to the school or campus at which the staff member works.


(a-2) Each school district or open-enrollment charter school shall designate an administrator at the primary administrative office of the district or school with responsibility for coordinating the provision of equipment to schools and campuses in compliance with this section.


(a-3) A written request must be submitted and acted on as follows:


(1) a parent, staff member, or assistant principal must submit a request to the principal or the principal's designee of the school or campus addressed in the request, and the principal or designee must provide a copy of the request to the administrator designated under Subsection (a-2);


(2) a principal must submit a request by the principal to the administrator designated under Subsection (a-2); and


(3) a board of trustees or governing body must submit a request to the administrator designated under Subsection (a-2), and the administrator must provide a copy of the request to the principal or the principal's designee of the school or campus addressed in the request.


(b) A school or campus that places a video camera in a classroom or other special education setting in accordance with Subsection (a) shall operate and maintain the video camera in the classroom or setting, as long as the classroom or setting continues to satisfy the requirements under Subsection (a), for the remainder of the school year in which the school or campus received the request, unless the requestor withdraws the request in writing. If for any reason a school or campus will discontinue operation of a video camera during a school year, not later than the fifth school day before the date the operation of the video camera will be discontinued, the school or campus must notify the parents of each student in regular attendance in the classroom or setting that operation of the video camera will not continue unless requested by a person eligible to make a request under Subsection (a-1). Not later than the 10th school day before the end of each school year, the school or campus must notify the parents of each student in regular attendance in the classroom or setting that operation of the video camera will not continue during the following school year unless a person eligible to make a request for the next school year under Subsection (a-1) submits a new request.


(c) Except as provided by Subsection (c-1), video cameras placed under this section must be capable of:


(1) covering all areas of the classroom or other special education setting, including a room attached to the classroom or setting used for time-out; and


(2) recording audio from all areas of the classroom or other special education setting, including a room attached to the classroom or setting used for time-out.


(c-1) The inside of a bathroom or any area in the classroom or other special education setting in which a student's clothes are changed may not be visually monitored, except for incidental coverage of a minor portion of a bathroom or changing area because of the layout of the classroom or setting.


(d) Before a school or campus activates a video camera in a classroom or other special education setting under this section, the school or campus shall provide written notice of the placement to all school or campus staff and to the parents of each student attending class or engaging in school activities in the classroom or setting.


(e) Except as provided by Subsection (e-1), a school district or open-enrollment charter school shall retain video recorded from a video camera placed under this section for at least three months after the date the video was recorded.


(e-1) If a person described by Subsection (i) requests to view a video recording from a video camera placed under this section, a school district or open-enrollment charter school must retain the recording from the date of receipt of the request until the person has viewed the recording and a determination has been made as to whether the recording documents an alleged incident. If the recording documents an alleged incident, the district or school shall retain the recording until the alleged incident has been resolved, including the exhaustion of all appeals.


(f) A school district or open-enrollment charter school may solicit and accept gifts, grants, and donations from any person for use in placing video cameras in classrooms or other special education settings under this section.


(g) This section does not:


(1) waive any immunity from liability of a school district or open-enrollment charter school, or of district or school officers or employees; or


(2) create any liability for a cause of action against a school district or open-enrollment charter school or against district or school officers or employees.


(h) A school district or open-enrollment charter school may not:


(1) allow regular or continual monitoring of video recorded under this section; or


(2) use video recorded under this section for teacher evaluation or for any other purpose other than the promotion of safety of students receiving special education services in a self-contained classroom or other special education setting.


(i) A video recording of a student made according to this section is confidential and may not be released or viewed except as provided by this subsection or Subsection (i-1) or (j). A school district or open-enrollment charter school shall release a recording for viewing by:


(1) an employee who is involved in an alleged incident that is documented by the recording and has been reported to the district or school, on request of the employee;


(2) a parent of a student who is involved in an alleged incident that is documented by the recording and has been reported to the district or school, on request of the parent;


(3) appropriate Department of Family and Protective Services personnel as part of an investigation under Section 261.406, Family Code;


(4) a peace officer, a school nurse, a district or school administrator trained in de-escalation and restraint techniques as provided by commissioner rule, or a human resources staff member designated by the board of trustees of the school district or the governing body of the open-enrollment charter school in response to a report of an alleged incident or an investigation of district or school personnel or a report of alleged abuse committed by a student; or


(5) appropriate agency or State Board for Educator Certification personnel or agents as part of an investigation.


(i-1) A contractor or employee performing job duties relating to the installation, operation, or maintenance of video equipment or the retention of video recordings who incidentally views a video recording is not in violation of Subsection (i).


(k) The commissioner may adopt rules to implement and administer this section, including rules regarding the special education settings to which this section applies.


(l) A school district or open-enrollment charter school policy relating to the placement, operation, or maintenance of video cameras under this section must:


(1) include information on how a person may appeal an action by the district or school that the person believes to be in violation of this section or a policy adopted in accordance with this section, including the appeals process under Section 7.057;


(2) require that the district or school provide a response to a request made under this section not later than the seventh school business day after receipt of the request by the person to whom it must be submitted under Subsection (a-3) that authorizes the request or states the reason for denying the request;


(3) except as provided by Subdivision (5), require that a school or a campus begin operation of a video camera in compliance with this section not later than the 45th school business day, or the first school day after the 45th school business day if that day is not a school day, after the request is authorized unless the agency grants an extension of time;


(4) permit the parent of a student whose admission, review, and dismissal committee has determined that the student's placement for the following school year will be in a classroom or other special education setting in which a video camera may be placed under this section to make a request for the video camera by the later of:


(A) the date on which the current school year ends; or


(B) the 10th school business day after the date of the placement determination by the admission, review, and dismissal committee; and


(5) if a request is made by a parent in compliance with Subdivision (4), unless the agency grants an extension of time, require that a school or campus begin operation of a video camera in compliance with this section not later than the later of:


(A) the 10th school day of the fall semester; or


(B) the 45th school business day, or the first school day after the 45th school business day if that day is not a school day, after the date the request is made.


(m) A school district, parent, staff member, or administrator may request an expedited review by the agency of the district's:


(1) denial of a request made under this section;


(2) request for an extension of time to begin operation of a video camera under Subsection (l)(3) or (5); or


(3) determination to not release a video recording to a person described by Subsection (i).


(n) If a school district, parent, staff member, or administrator requests an expedited review under Subsection (m), the agency shall notify all other interested parties of the request.


(o) If an expedited review has been requested under Subsection (m), the agency shall issue a preliminary judgment as to whether the district is likely to prevail on the issue under a full review by the agency. If the agency determines that the district is not likely to prevail, the district must fully comply with this section notwithstanding an appeal of the agency's decision. The agency shall notify the requestor and the district, if the district is not the requestor, of the agency's determination.


(p) The commissioner:


(1) shall adopt rules relating to the expedited review process under Subsections (m), (n), and (o), including standards for making a determination under Subsection (o); and


(2) may adopt rules relating to an expedited review process under Subsections (m), (n), and (o) for an open-enrollment charter school.


(q) The agency shall collect data relating to requests made under this section and actions taken by a school district or open-enrollment charter school in response to a request, including the number of requests made, authorized, and denied.


(r) A video recording under this section is a governmental record only for purposes of Section 37.10, Penal Code.


(s) This section applies to the placement, operation, and maintenance of a video camera in a self-contained classroom or other special education setting during the regular school year and extended school year services.


(t) A video camera placed under this section is not required to be in operation for the time during which students are not present in the classroom or other special education setting.


(u) In this section:


(1) "Parent" includes a guardian or other person standing in parental relation to a student.


(2) "School business day" means a day that campus or school district administrative offices are open.


(3) "Self-contained classroom" does not include a classroom that is a resource room instructional arrangement under Section 48.102.


(4) "Staff member" means a teacher, related service provider, paraprofessional, counselor, or educational aide assigned to work in a self-contained classroom or other special education setting.


(5) "Time-out" has the meaning assigned by Section 37.0021.


Added by Acts 2015, 84th Leg., R.S., Ch. 1147 (S.B. 507), Sec. 2, eff. June 19, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 751 (S.B. 1398), Sec. 1, eff. June 12, 2017.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.028, eff. September 1, 2019.


For expiration of this section, see Subsection (f).



Sec. 29.023. NOTICE OF RIGHTS. (a) The agency shall develop a notice for distribution as provided by Subsection (c) and posting on the agency's Internet website that indicates:


(1) the change made from 2016 to 2017 in reporting requirements for school districts and open-enrollment charter schools regarding the special education representation indicator adopted in the Performance-Based Monitoring Analysis System Manual; and


(2) in plain language, the rights of a child under both federal and state law and the general process available to initiate a referral of a child for a full individual and initial evaluation under Section 29.004 to determine the child's eligibility for special education services.


(b) A school district or open-enrollment charter school shall include in the notice developed by the agency under Subsection (a) information indicating where the local processes and procedures for initiating a referral for special education services eligibility evaluation may be found.


(c) By a date established by the commissioner, each school district or open-enrollment charter school shall provide the notice to the parent of each child who attends school in the district or at the school at any time during the 2019-2020 school year. A school district or open-enrollment charter school shall also make the notice available on request to any person. The notice must be available in English and Spanish, and a school district or open-enrollment charter school shall make a good faith effort to provide the notice in the parent's native language if the parent's native language is a language other than English or Spanish.


(d) The notice is in addition to requirements imposed by Section 26.0081.


(e) The commissioner may adopt rules necessary to implement this section.


(f) This section expires September 1, 2023.


Added by Acts 2019, 86th Leg., R.S., Ch. 954 (S.B. 139), Sec. 1, eff. June 14, 2019.


For expiration of this section, see Subsection (o).



Sec. 29.026. GRANT PROGRAM PROVIDING SERVICES TO STUDENTS WITH AUTISM. (a) The commissioner shall establish a program to award grants to school districts and open-enrollment charter schools that provide innovative services to students with autism.


(c) A program is eligible for a grant under this section if the program:


(1) incorporates:


(A) evidence-based and research-based design;


(B) the use of empirical data on student achievement and improvement;


(C) parental support and collaboration;


(D) the use of technology;


(E) meaningful inclusion; and


(F) the ability to replicate the program for students statewide; and


(2) gives priority for enrollment to students with autism.


(d) A school district or open-enrollment charter school may not:


(1) charge a fee for the program, other than those authorized by law for students in public schools;


(2) require a parent to enroll a child in the program;


(3) allow an admission, review, and dismissal committee to place a student in the program without the written consent of the student's parent or guardian; or


(4) continue the placement of a student in the program after the student's parent or guardian revokes consent, in writing, to the student's placement in the program.


(e) A program under this section may:


(1) alter the length of the school day or school year or the number of minutes of instruction received by students;


(2) coordinate services with private or community-based providers;


(3) allow the enrollment of students without disabilities or with other disabilities, if approved by the commissioner; and


(4) adopt staff qualifications and staff to student ratios that differ from the applicable requirements of this title.


(f) Repealed by Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 48(a)(2), eff. September 1, 2021.


(g) The commissioner shall create an external panel of stakeholders, including parents of students with disabilities, to provide assistance in the selection of applications for the award of grants under this section.


(h) In selecting programs to receive a grant under this section, the commissioner shall prioritize programs that are collaborations between multiple school districts, multiple charter schools, or school districts and charter schools. The selected programs must reflect the diversity of this state.


(i) The commissioner shall select programs and award grant funds to those programs beginning in the 2018-2019 school year. The selected programs are to be funded for two years.


(j) A grant awarded to a school district or open-enrollment charter school under this section is in addition to the Foundation School Program funds that the district or charter school is otherwise entitled to receive. A grant awarded under this section may not come out of Foundation School Program funds.


(k) The commissioner shall use funds appropriated or otherwise available to fund grants under this section.


(l) The commissioner and any program selected under this section may accept gifts, grants, and donations from any public or private source, person, or group to implement and administer the program. The commissioner and any program selected under this section may not require any financial contribution from parents to implement and administer the program.


(l-1) A regional education service center may administer grants awarded under this section.


(m) Repealed by Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 48(a)(2), eff. September 1, 2021.


(n) Not later than December 31, 2020, the commissioner shall publish a report on the grant program established under this section. The report must include:


(1) recommendations for statutory or funding changes necessary to implement successful innovations in the education of students with autism; and


(2) data on the academic and functional achievements of students enrolled in a program that received a grant under this section.


(o) This section expires September 1, 2023.


Added by Acts 2017, 85th Leg., 1st C.S., Ch. 8 (H.B. 21), Sec. 3, eff. November 14, 2017.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 9, eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 48(a)(2), eff. September 1, 2021.


For expiration of this section, see Subsection (i).



Sec. 29.027. GRANT PROGRAM PROVIDING TRAINING IN DYSLEXIA FOR TEACHERS AND STAFF. (a) The commissioner shall establish a program to award grants to school districts and open-enrollment charter schools to increase local capacity to appropriately serve students with dyslexia.


(1) incorporates evidence-based and research-based design; and


(2) increases local capacity to appropriately serve students with dyslexia by providing:


(A) high-quality training to classroom teachers and administrators in meeting the needs of students with dyslexia; or


(B) training to intervention staff resulting in appropriate credentialing related to dyslexia.


(c) The commissioner shall create an external panel of stakeholders, including parents of students with disabilities, to provide assistance in the selection of applications for the award of grants under this section.


(d) The commissioner shall select grant recipients and award grant funds beginning in the 2021-2022 school year. The grants are to be awarded for two years.


(e) A grant awarded to a school district or open-enrollment charter school under this section is in addition to the Foundation School Program funds that the district or charter school is otherwise entitled to receive. A grant awarded under this section may not come out of Foundation School Program funds.


(f) The commissioner shall use funds appropriated or otherwise available to fund grants under this section.


(g) The commissioner and any grant recipient selected under this section may accept gifts, grants, and donations from any public or private source, person, or group to implement and administer the grant. The commissioner and any grant recipient selected under this section may not require any financial contribution from parents to implement and administer the grant.


(h) A regional education service center may administer grants awarded under this section.


(i) This section expires September 1, 2023.


Added by Acts 2017, 85th Leg., 1st C.S., Ch. 8 (H.B. 21), Sec. 3, eff. November 14, 2017.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 10, eff. September 1, 2021.


For expiration of this subchapter, see Section 29.050.



SUBCHAPTER A-1. SUPPLEMENTAL SPECIAL EDUCATION SERVICES PROGRAM



Sec. 29.041. DEFINITIONS. In this subchapter:


(1) "Parent" means a resident of this state who is a natural or adoptive parent, managing or possessory conservator, legal guardian, custodian, or other person with legal authority to act on behalf of a child.


(2) "Supplemental special education instructional materials" includes textbooks, computer hardware or software, other technological devices, and other materials suitable for addressing an educational need of a student receiving special education services under Subchapter A.


(3) "Supplemental special education services" means an additive service that provides an educational benefit to a student receiving special education services under Subchapter A, including:


(A) occupational therapy, physical therapy, and speech therapy; and


(B) private tutoring and other supplemental private instruction or programs.


Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.


Sec. 29.042. ESTABLISHMENT AND ADMINISTRATION OF PROGRAM. (a) The agency by rule shall establish and administer a supplemental special education services and instructional materials program for students who meet the eligibility requirements for participation in the program. Subject to Subsection (c), the agency shall provide each student approved as provided by this subchapter a grant of not more than $1,500 to purchase supplemental special education services and supplemental special education instructional materials.


(b) In administering the program, the agency shall maintain a system of online accounts to provide access to the grant described by Subsection (a) to an eligible student's parent.


(c) The commissioner shall set aside an amount not to exceed $30 million from the total amount of funds appropriated for each state fiscal year to fund the program under this section. For each state fiscal year, the total amount provided for student grants under Subsection (a) may not exceed the amount set aside by the commissioner under this subsection.


(d) The agency shall designate one or more regional education service centers to administer the program.


Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.


Sec. 29.043. APPLICATION FOR GRANT ON BEHALF OF STUDENT. The agency shall establish an application process for an eligible student's parent to apply for a grant held in an online account maintained under Section 29.042(b) and assigned to the student under Section 29.045.


Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.


Sec. 29.044. PROGRAM ELIGIBILITY CRITERIA. (a) The agency shall establish eligibility criteria for the approval of an application submitted under Section 29.043. The criteria must require that the student be enrolled in the current school year at a school district or open-enrollment charter school and in a district's or school's special education program under Subchapter A.


(b) The eligibility criteria established under this section must also prioritize students for whom a school district or open-enrollment charter school is eligible for a compensatory education allotment under Section 48.104.


Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.


Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF ACCOUNT. Subject to available funding the agency shall approve each student who meets the program eligibility criteria established under Section 29.044 and assign to the student an account maintained under Section 29.042(b). The account may only be used by the student's parent to purchase supplemental special education services or supplemental special education instructional materials for the student, subject to Sections 29.046 and 29.047.


Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.


Sec. 29.046. ACCOUNT USE RESTRICTION. (a) Money in an account assigned to a student under Section 29.045 may be used only for supplemental special education services and supplemental special education instructional materials.


(b) Supplemental special education services must be provided by an agency-approved provider.


(c) If the agency has approved vendors for a category of instructional material under Section 29.047, instructional materials must be purchased from an agency-approved vendor for that category of instructional material. If the agency does not establish criteria for agency approval for a category of instructional materials, money in the student's account may be used to purchase the instructional materials from any vendor.


Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.


Sec. 29.047. AGENCY-APPROVED PROVIDERS AND VENDORS: CRITERIA AND APPLICATION. (a) The agency shall establish criteria necessary for agency approval for each category of provider of a professional service that is a supplemental special education service, as identified by the agency.


(b) The criteria established under this section must require a provider of a category of professional service to be appropriately licensed or accredited in this state to provide that service, including providers of physical therapy, occupational therapy, and speech therapy.


(c) The agency shall provide a procedure for providers of supplemental special education services to apply to the agency to become an agency-approved provider.


(d) The agency may establish criteria for agency approval of vendors for each category of supplemental special education instructional materials identified by the agency.


(e) If the agency establishes criteria for agency approval for a vendor of a category of supplemental special education instructional materials, the agency shall provide a procedure for vendors of that category to apply to the agency to become an agency-approved vendor.


Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.


Sec. 29.048. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE DUTIES. (a) A student's admission, review, and dismissal committee shall develop a student's individualized education program under Section 29.005, in compliance with the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.), without consideration of any supplemental special education services that may be provided under the program under this subchapter.


(b) The admission, review, and dismissal committee of a student approved for participation in the program shall provide to the student's parent at an admission, review, and dismissal committee meeting for the student:


(1) information regarding the types of supplemental special education services available under the program and provided by agency-approved providers for which an account maintained under Section 29.042(b) for the student may be used; and


(2) instructions regarding accessing an account described by Subdivision (1).


Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.


Sec. 29.049. RULES. The commissioner shall adopt rules as necessary to administer the supplemental special education services and instructional materials program under this subchapter.


Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.


Sec. 29.050. EXPIRATION. This subchapter expires September 1, 2024.


Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.


SUBCHAPTER B. BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAMS



Sec. 29.051. STATE POLICY. English is the basic language of this state. Public schools are responsible for providing a full opportunity for all students to become competent in speaking, reading, writing, and comprehending the English language. Large numbers of students in the state come from environments in which the primary language is other than English. Experience has shown that public school classes in which instruction is given only in English are often inadequate for the education of those students. The mastery of basic English language skills is a prerequisite for effective participation in the state's educational program. Bilingual education and special language programs can meet the needs of those students and facilitate their integration into the regular school curriculum. Therefore, in accordance with the policy of the state to ensure equal educational opportunity to every student, and in recognition of the educational needs of emergent bilingual students, this subchapter provides for the establishment of bilingual education and special language programs in the public schools and provides supplemental financial assistance to help school districts meet the extra costs of the programs.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 5, eff. September 1, 2021.


Sec. 29.052. DEFINITIONS. In this subchapter:


(1) "Emergent bilingual student" means a student whose primary language is other than English and whose English language skills are such that the student has difficulty performing ordinary classwork in English.


(2) "Parent" includes a legal guardian of a student.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 6, eff. September 1, 2021.


Sec. 29.053. ESTABLISHMENT OF BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAMS. (a) The agency shall establish a procedure for identifying school districts that are required to offer bilingual education and special language programs in accordance with this subchapter.


(b) Within the first four weeks following the first day of school, the language proficiency assessment committee established under Section 29.063 shall determine and report to the board of trustees of the district the number of emergent bilingual students on each campus and shall classify each student according to the language in which the student possesses primary proficiency. The board shall report that information to the agency before November 1 each year.


(c) Each district with an enrollment of 20 or more emergent bilingual students in any language classification in the same grade level shall offer a bilingual education or special language program.


(d) Each district that is required to offer bilingual education and special language programs under this section shall offer the following for emergent bilingual students:


(1) bilingual education in kindergarten through the elementary grades;


(2) bilingual education, instruction in English as a second language, or other transitional language instruction approved by the agency in post-elementary grades through grade 8; and


(3) instruction in English as a second language in grades 9 through 12.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 7, eff. September 1, 2021.


Sec. 29.054. EXCEPTION. (a) If a program other than bilingual education must be used in kindergarten through the elementary grades, documentation for the exception must be filed with and approved by the agency.


(b) An application for an exception may be filed with the agency when a district is unable to hire a sufficient number of teachers with teaching certificates appropriate for bilingual education instruction to staff the required program. The application must be accompanied by:


(1) documentation showing that the district has taken all reasonable affirmative steps to secure teachers with teaching certificates appropriate for bilingual education instruction and has failed;


(2) documentation showing that the district has affirmative hiring policies and procedures consistent with the need to serve emergent bilingual students;


(3) documentation showing that, on the basis of district records, no teacher having a teaching certificate appropriate for bilingual instruction or emergency credentials has been unjustifiably denied employment by the district within the past 12 months; and


(4) a plan detailing specific measures to be used by the district to eliminate the conditions that created the need for an exception.


(c) An exception shall be granted under this section on an individual district basis and is valid for only one year. Application for an exception for a second or succeeding year must be accompanied by the documentation prescribed by Subsection (b).


(d) During the period for which a district is granted an exception under this section, the district must use alternative methods approved by the agency to meet the needs of its emergent bilingual students, including hiring teaching personnel under a bilingual emergency permit.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 8, eff. September 1, 2021.


Sec. 29.055. PROGRAM CONTENT; METHOD OF INSTRUCTION. (a) A bilingual education program established by a school district shall be a full-time program of dual-language instruction that provides for learning basic skills in the primary language of the students enrolled in the program and for carefully structured and sequenced mastery of English language skills. A program of instruction in English as a second language established by a school district shall be a program of intensive instruction in English from teachers trained in recognizing and dealing with language differences.


(b) A program of bilingual education or of instruction in English as a second language shall be designed to consider the students' learning experiences and shall incorporate the cultural aspects of the students' backgrounds.


(c) In subjects such as art, music, and physical education, emergent bilingual students shall participate fully with English-speaking students in regular classes provided in the subjects.


(d) Elective courses included in the curriculum may be taught in a language other than English.


(e) Each school district shall provide students enrolled in the program a meaningful opportunity to participate fully with other students in all extracurricular activities.


(f) If money is appropriated for the purpose, the agency shall establish a limited number of pilot programs for the purpose of examining alternative methods of instruction in bilingual education and special language programs.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 9, eff. September 1, 2021.


Sec. 29.056. ENROLLMENT OF STUDENTS IN PROGRAM. (a) The agency shall establish standardized criteria for the identification, assessment, and classification of emergent bilingual students eligible for entry into the program or exit from the program. The student's parent must approve a student's entry into the program, exit from the program, or placement in the program. The school district or parent may appeal the decision under Section 29.064. The criteria for identification, assessment, and classification may include:


(1) results of a home language survey conducted within four weeks of each student's enrollment to determine the language normally used in the home and the language normally used by the student, conducted in English and the home language, signed by the student's parents if the student is in kindergarten through grade 8 or by the student if the student is in grades 9 through 12, and kept in the student's permanent folder by the language proficiency assessment committee;


(2) the results of an agency-approved English language proficiency test administered to all students identified through the home survey as normally speaking a language other than English to determine the level of English language proficiency, with students in kindergarten or grade 1 being administered an oral English proficiency test and students in grades 2 through 12 being administered an oral and written English proficiency test; and


(3) the results of an agency-approved proficiency test in the primary language administered to all students identified under Subdivision (2) as being of limited English proficiency to determine the level of primary language proficiency, with students in kindergarten or grade 1 being administered an oral primary language proficiency test and students in grades 2 through 12 being administered an oral and written primary language proficiency test.


(b) Tests under Subsection (a) shall be administered by professionals or paraprofessionals with the appropriate English and primary language skills and the training required by the test publisher.


(c) The language proficiency assessment committee may classify a student as emergent bilingual if:


(1) the student's ability in English is so limited or the student's disabilities are so severe that assessment procedures cannot be administered;


(2) the student's score or relative degree of achievement on the agency-approved English proficiency test is below the levels established by the agency as indicative of reasonable proficiency;


(3) the student's primary language proficiency score as measured by an agency-approved test is greater than the student's proficiency in English; or


(4) the language proficiency assessment committee determines, based on other information, including a teacher evaluation, parental viewpoint, or student interview, that the student's primary language proficiency is greater than the student's proficiency in English or that the student is not reasonably proficient in English.


(d) Not later than the 10th day after the date of the student's classification as an emergent bilingual student, the language proficiency assessment committee shall give written notice of the classification to the student's parent. The notice must be in English and the parent's primary language. The parents of students eligible to participate in the required bilingual education program shall be informed of the benefits of the bilingual education or special language program and that it is an integral part of the school program.


(e) The language proficiency assessment committee may retain, for documentation purposes, all records obtained under this section.


(f) The district may not refuse to provide instruction in a language other than English to a student solely because the student has a disability.


(g) A district may transfer an emergent bilingual student out of a bilingual education or special language program for the first time or a subsequent time if the student is able to participate equally in a regular all-English instructional program as determined by:


(1) agency-approved tests administered at the end of each school year to determine the extent to which the student has developed oral and written language proficiency and specific language skills in English;


(2) satisfactory performance on the reading assessment instrument under Section 39.023(a) or an English language arts assessment instrument under Section 39.023(c), as applicable, with the assessment instrument administered in English, or, if the student is enrolled in the first or second grade, an achievement score at or above the 40th percentile in the reading and language arts sections of an English standardized test approved by the agency; and


(3) agency-approved criterion-referenced tests and the results of a subjective teacher evaluation.


(h) If later evidence suggests that a student who has been transferred out of a bilingual education or special language program has inadequate English proficiency and achievement, the language proficiency assessment committee may reenroll the student in the program. Classification of students for reenrollment must be based on the criteria required by this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.06, eff. May 31, 2006.


Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 10, eff. September 1, 2021.


Sec. 29.0561. EVALUATION OF TRANSFERRED STUDENTS; REENROLLMENT. (a) The language proficiency assessment committee shall reevaluate a student who is transferred out of a bilingual education or special language program under Section 29.056(g) if the student earns a failing grade in a subject in the foundation curriculum under Section 28.002(a)(1) during any grading period in the first two school years after the student is transferred to determine whether the student should be reenrolled in a bilingual education or special language program.


(b) During the first two school years after a student is transferred out of a bilingual education or special language program under Section 29.056(g), the language proficiency assessment committee shall review the student's performance and consider:


(1) the total amount of time the student was enrolled in a bilingual education or special language program;


(2) the student's grades each grading period in each subject in the foundation curriculum under Section 28.002(a)(1);


(3) the student's performance on each assessment instrument administered under Section 39.023(a) or (c);


(4) the number of credits the student has earned toward high school graduation, if applicable; and


(5) any disciplinary actions taken against the student under Subchapter A, Chapter 37.


(c) After an evaluation under this section, the language proficiency assessment committee may require intensive instruction for the student or reenroll the student in a bilingual education or special language program.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.07, eff. May 31, 2006.


Sec. 29.057. FACILITIES; CLASSES. (a) Bilingual education and special language programs must be located in the regular public schools of the district rather than in separate facilities.


(b) Students enrolled in bilingual education or a special language program shall be placed in classes with other students of approximately the same age and level of educational attainment. The school district shall ensure that the instruction given each student is appropriate to the student's level of educational attainment, and the district shall keep adequate records of the educational level and progress of each student enrolled in the program.


(c) The maximum student-teacher ratio shall be set by the agency and shall reflect the special educational needs of students enrolled in the programs.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.058. ENROLLMENT OF STUDENTS WHO DO NOT HAVE LIMITED ENGLISH PROFICIENCY. With the approval of the school district and a student's parents, a student who does not have limited English proficiency may also participate in a bilingual education program. The number of participating students who do not have limited English proficiency may not exceed 40 percent of the number of students enrolled in the program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.059. COOPERATION AMONG DISTRICTS. (a) A school district may join with one or more other districts to provide the bilingual education and special language programs required by this subchapter. The availability of the programs shall be publicized throughout the districts involved.


(b) A school district may allow a nonresident emergent bilingual student to enroll in or attend its bilingual education or special language programs if the student's district of residence does not provide an appropriate program. The tuition for the student shall be paid by the district in which the student resides.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 11, eff. September 1, 2021.


Sec. 29.060. PRESCHOOL, SUMMER SCHOOL, AND EXTENDED TIME PROGRAMS. (a) Each school district that is required to offer a bilingual education or special language program shall offer a voluntary program for emergent bilingual children who will be eligible for admission to kindergarten or the first grade at the beginning of the next school year. A school that operates on a system permitted by this code other than a semester system shall offer 120 hours of instruction on a schedule the board of trustees of the district establishes. A school that operates on a semester system shall offer the program:


(1) during the period school is recessed for the summer; and


(2) for one-half day for eight weeks or on a similar schedule approved by the board of trustees.


(b) Enrollment of a child in the program is optional with the parent of the child.


(c) The program must be an intensive bilingual education or special language program that meets standards established by the agency. The student/teacher ratio for the program may not exceed 18/1.


(d) A school district may establish on a full- or part-time basis other summer school, extended day, or extended week bilingual education or special language programs for emergent bilingual students and may join with other districts in establishing the programs.


(e) The programs required or authorized by this section may not be a substitute for programs required to be provided during the regular school year.


(f) The legislature may appropriate money from the foundation school fund for support of a program under Subsection (a).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 12, eff. September 1, 2021.


Sec. 29.061. BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAM TEACHERS. (a) The State Board for Educator Certification shall provide for the issuance of teaching certificates appropriate for bilingual education instruction to teachers who possess a speaking, reading, and writing ability in a language other than English in which bilingual education programs are offered and who meet the general requirements of Chapter 21. The board shall also provide for the issuance of teaching certificates appropriate for teaching English as a second language. The board may issue emergency endorsements in bilingual education and in teaching English as a second language.


(b) A teacher assigned to a bilingual education program using one of the following program models must be appropriately certified for bilingual education by the board:


(1) transitional bilingual/early exit program model; or


(2) transitional bilingual/late exit program model.


(b-1) A teacher assigned to a bilingual education program using a dual language immersion/one-way or two-way program model must be appropriately certified by the board for:


(1) bilingual education for the component of the program provided in a language other than English; and


(2) bilingual education or English as a second language for the component of the program provided in English.


(b-2) A school district that provides a bilingual education program using a dual language immersion/one-way or two-way program model may assign a teacher certified under Subsection (b-1)(1) for the language other than English component of the program and a different teacher certified under Subsection (b-1)(2) for the English language component.


(c) A teacher assigned to an English as a second language program must be appropriately certified for English as a second language by the board.


(d) A school district may compensate a bilingual education or special language teacher for participating in a continuing education program that is in addition to the teacher's regular contract. The continuing education program must be designed to provide advanced bilingual education or special language program endorsement or skills.


(e) The State Board for Educator Certification and the Texas Higher Education Coordinating Board shall develop a comprehensive plan for meeting the teacher supply needs created by the programs outlined in this subchapter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 453 (H.B. 218), Sec. 1, eff. June 15, 2015.


Sec. 29.062. COMPLIANCE. (a) The legislature recognizes that compliance with this subchapter is an imperative public necessity. Therefore, in accordance with the policy of the state, the agency shall evaluate the effectiveness of programs under this subchapter based on the achievement indicators adopted under Section 39.053(c), including the results of assessment instruments. The agency may combine evaluations under this section with federal accountability measures concerning emergent bilingual students.


(b) The areas to be monitored shall include:


(1) program content and design;


(2) program coverage;


(3) identification procedures;


(4) classification procedures;


(5) staffing;


(6) learning materials;


(7) testing materials;


(8) reclassification of students for either entry into regular classes conducted exclusively in English or reentry into a bilingual education or special education program; and


(9) activities of the language proficiency assessment committees.


(c) Not later than the 30th day after the date of an on-site monitoring inspection, the agency shall report its findings to the school district or open-enrollment charter school and to the division of accreditation.


(d) The agency shall notify a school district or open-enrollment charter school found in noncompliance in writing, not later than the 30th day after the date of the on-site monitoring. The district or open-enrollment charter school shall take immediate corrective action.


(e) If a school district or open-enrollment charter school fails to satisfy appropriate standards adopted by the commissioner for purposes of Subsection (a), the agency shall apply sanctions, which may include the removal of accreditation, loss of foundation school funds, or both.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 19, eff. Sept. 1, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 33, eff. June 19, 2009.


Acts 2015, 84th Leg., R.S., Ch. 1094 (H.B. 2804), Sec. 12, eff. June 19, 2015.


Acts 2017, 85th Leg., R.S., Ch. 807 (H.B. 22), Sec. 4, eff. June 15, 2017.


Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 13, eff. September 1, 2021.


Sec. 29.063. LANGUAGE PROFICIENCY ASSESSMENT COMMITTEES. (a) Each school district that is required to offer bilingual education and special language programs shall establish a language proficiency assessment committee.


(b) Each committee shall include a professional bilingual educator, a professional transitional language educator, a parent of an emergent bilingual student, and a campus administrator.


(c) The language proficiency assessment committee shall:


(1) review all pertinent information on emergent bilingual students, including the home language survey, the language proficiency tests in English and the primary language, each student's achievement in content areas, and each student's emotional and social attainment;


(2) make recommendations concerning the most appropriate placement for the educational advancement of the emergent bilingual student after the elementary grades;


(3) review each emergent bilingual student's progress at the end of the school year in order to determine future appropriate placement;


(4) monitor the progress of students formerly classified as emergent bilingual who have transferred out of the bilingual education or special language program and, based on the information, designate the most appropriate placement for such students; and


(5) determine the appropriateness of a program that extends beyond the regular school year based on the needs of each emergent bilingual student.


(d) The agency may prescribe additional duties for language proficiency assessment committees.


(e) The agency may not require members of a language proficiency assessment committee to complete training to serve on that committee.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 14, eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 13, eff. June 18, 2021.


Sec. 29.064. APPEALS. A parent of a student enrolled in a school district offering bilingual education or special language programs may appeal to the commissioner if the district fails to comply with the requirements established by law or by the agency as authorized by this subchapter. If the parent disagrees with the placement of the student in the program, the parent may appeal that decision to the board of trustees. Appeals shall be conducted in accordance with procedures adopted by the commissioner.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.065. ASSISTANCE BY AGENCY. The agency shall develop tools to assist school districts and open-enrollment charter schools in implementing bilingual education and special language programs under this chapter.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.016, eff. June 12, 2019.


Sec. 29.066. PEIMS REPORTING REQUIREMENTS. (a) A school district that is required to offer bilingual education or special language programs shall include the following information in the district's Public Education Information Management System (PEIMS) report:


(1) demographic information, as determined by the commissioner, on students enrolled in district bilingual education or special language programs;


(2) the number and percentage of students enrolled in each instructional model of a bilingual education or special language program offered by the district; and


(3) the number and percentage of students identified as emergent bilingual students who do not receive specialized instruction.


(b) For purposes of this section, the commissioner shall adopt rules to classify programs under this section as follows:


(1) if the program is a bilingual education program, the program must be classified under the Public Education Information Management System (PEIMS) report as:


(A) transitional bilingual/early exit: a bilingual program that serves students identified as emergent bilingual students in both English and Spanish and transfers a student to English-only instruction not earlier than two or later than five years after the student enrolls in school;


(B) transitional bilingual/late exit: a bilingual program that serves students identified as emergent bilingual students in both English and Spanish and transfers a student to English-only instruction not earlier than six or later than seven years after the student enrolls in school;


(C) dual language immersion/two-way: a biliteracy program that integrates students proficient in English and students identified as emergent bilingual students in both English and Spanish and transfers a student identified as an emergent bilingual student to English-only instruction not earlier than six or later than seven years after the student enrolls in school; or


(D) dual language immersion/one-way: a biliteracy program that serves only students identified as emergent bilingual students in both English and Spanish and transfers a student to English-only instruction not earlier than six or later than seven years after the student enrolls in school; and


(2) if the program is a special language program, the program must be classified under the Public Education Information Management System (PEIMS) report as:


(A) English as a second language/content-based: an English program that serves students identified as emergent bilingual students in English only by providing a full-time teacher certified under Section 29.061(c) to provide supplementary instruction for all content area instruction; or


(B) English as a second language/pull-out: an English program that serves students identified as emergent bilingual students in English only by providing a part-time teacher certified under Section 29.061(c) to provide English language arts instruction exclusively, while the student remains in a mainstream instructional arrangement in the remaining content areas.


(c) If the school district has received a waiver and is not required to offer a bilingual education or special language program in a student's native language or if the student's parents have refused to approve the student's entry into a program as provided by Section 29.056, the program must be classified under the Public Education Information Management System (PEIMS) report as: no bilingual education or special language services provided.


Added by Acts 2007, 80th Leg., R.S., Ch. 1340 (S.B. 1871), Sec. 2, eff. June 15, 2007.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 15, eff. September 1, 2021.


For expiration of this section, see Subsection (e).



Sec. 29.067. STRATEGIC PLAN TO IMPROVE AND EXPAND BILINGUAL EDUCATION. (a) In this section, "general academic teaching institution" has the meaning assigned by Section 61.003.


(b) The agency, in collaboration with the Texas Higher Education Coordinating Board and the Texas Workforce Commission, shall develop a strategic plan that sets tangible goals and establishes timelines to:


(1) increase the number of educators certified under Subchapter B, Chapter 21, in bilingual education instruction;


(2) increase the number of dual language immersion/one-way and two-way program models used in public schools;


(3) educate families and school district employees regarding the importance of bilingual education in early childhood;


(4) adopt a uniform process for:


(A) identifying students in prekindergarten through 12th grade of limited English proficiency;


(B) monitoring the bilingual learning of students in prekindergarten through 12th grade; and


(C) collecting data regarding the identification and monitoring under Paragraphs (A) and (B); and


(5) increase the number of bilingual and multilingual high school graduates.


(c) In developing the strategic plan, the agency:


(1) shall consult with appropriate representatives of:


(A) general academic teaching institutions;


(B) public schools;


(C) early childhood education programs; and


(D) parents and legal guardians of public school students;


(2) may collaborate with representatives of:


(A) state, regional, and local agencies;


(B) nonprofit organizations;


(C) social services providers;


(D) faith-based organizations; and


(E) the business community; and


(3) shall study the use of the Bilingual Target Language Proficiency Test to certify educators in bilingual education instruction and:


(A) determine:


(i) the impact of using that test to assess the critical competencies necessary to instruct bilingual programs at each grade level; and


(ii) if any barriers to the certification of bilingual educators exist based on differences between the dialect of the educator and the dialect used on the test; and


(B) make recommendations to modify or revise the assessments used to certify educators in bilingual education instruction to enhance the competency of educators serving bilingual programs.


(d) The agency shall submit the plan developed under this section to the governor, the lieutenant governor, the speaker of the house of representatives, and each member of the standing committees of the senate and house of representatives having primary jurisdiction over public education not later than December 1, 2022.


(e) This section expires January 1, 2023.


Added by Acts 2021, 87th Leg., R.S., Ch. 845 (S.B. 560), Sec. 1, eff. June 16, 2021.


SUBCHAPTER C. COMPENSATORY EDUCATION PROGRAMS



Sec. 29.081. COMPENSATORY, INTENSIVE, AND ACCELERATED INSTRUCTION. (a) Each school district shall use the student performance data resulting from the basic skills assessment instruments and achievement tests administered under Subchapter B, Chapter 39, to design and implement appropriate compensatory, intensive, or accelerated instructional services for students in the district's schools that enable the students to be performing at grade level at the conclusion of the next regular school term.


(b) Each district shall provide accelerated instruction to a student enrolled in the district who has taken an end-of-course assessment instrument administered under Section 39.023(c) and has not performed satisfactorily on the assessment instrument or who is at risk of dropping out of school.


(b-1) Each school district shall offer before the next scheduled administration of the assessment instrument, without cost to the student, additional accelerated instruction to each student in any subject in which the student failed to perform satisfactorily on an end-of-course assessment instrument required for graduation.


(b-2) A district that is required to provide accelerated instruction under Subsection (b-1) shall separately budget sufficient funds, including funds under Section 48.104, for that purpose.


(b-3) A district shall evaluate the effectiveness of accelerated instruction programs under Subsection (b-1) and annually hold a public hearing to consider the results.


(c) Each school district shall evaluate and document the effectiveness of the accelerated instruction in reducing any disparity in performance on assessment instruments administered under Subchapter B, Chapter 39, or disparity in the rates of high school completion between students at risk of dropping out of school and all other district students.


(d) For purposes of this section, "student at risk of dropping out of school" includes each student who:


(1) is under 26 years of age and who:


(A) except as provided by Subsection (h) or if retained for prekindergarten under Section 28.02124, was not advanced from one grade level to the next for one or more school years;


(B) if the student is in grade 7, 8, 9, 10, 11, or 12, did not maintain an average equivalent to 70 on a scale of 100 in two or more subjects in the foundation curriculum during a semester in the preceding or current school year or is not maintaining such an average in two or more subjects in the foundation curriculum in the current semester;


(C) did not perform satisfactorily on an assessment instrument administered to the student under Subchapter B, Chapter 39, and who has not in the previous or current school year subsequently performed on that instrument or another appropriate instrument at a level equal to at least 110 percent of the level of satisfactory performance on that instrument;


(D) if the student is in prekindergarten, kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on a readiness test or assessment instrument administered during the current school year;


(E) is pregnant or is a parent;


(F) has been placed in an alternative education program in accordance with Section 37.006 during the preceding or current school year;


(G) has been expelled in accordance with Section 37.007 during the preceding or current school year;


(H) is currently on parole, probation, deferred prosecution, or other conditional release;


(I) was previously reported through the Public Education Information Management System (PEIMS) to have dropped out of school;


(J) is an emergent bilingual student, as defined by Section 29.052;


(K) is in the custody or care of the Department of Family and Protective Services or has, during the current school year, been referred to the department by a school official, officer of the juvenile court, or law enforcement official;


(L) is homeless;


(M) resided in the preceding school year or resides in the current school year in a residential placement facility in the district, including a detention facility, substance abuse treatment facility, emergency shelter, psychiatric hospital, halfway house, cottage home operation, specialized child-care home, or general residential operation;


(N) has been incarcerated or has a parent or guardian who has been incarcerated, within the lifetime of the student, in a penal institution as defined by Section 1.07, Penal Code; or


(O) is enrolled in a school district or open-enrollment charter school, or a campus of a school district or open-enrollment charter school, that is designated as a dropout recovery school under Section 39.0548; or


(2) regardless of the student's age, participates in an adult education program provided under the adult high school charter school program under Subchapter G, Chapter 12.


(d-1) Notwithstanding Subsection (d)(1)(A), a student is not considered a student at risk of dropping out of school if the student did not advance from prekindergarten or kindergarten to the next grade level only as the result of the request of the student's parent.


(e) A school district may use a private or public community-based dropout recovery education program to provide alternative education programs for students at risk of dropping out of school. The program may be offered:


(1) at a campus; or


(2) through the use of an Internet online program that leads to a high school diploma and prepares the student to enter the workforce.


(e-1) A campus-based dropout recovery education program must:


(1) provide not less than four hours of instructional time per day;


(2) employ as faculty and administrators persons with baccalaureate or advanced degrees;


(3) provide at least one instructor for each 28 students;


(4) perform satisfactorily according to performance indicators and accountability standards adopted for alternative education programs by the commissioner; and


(5) comply with this title and rules adopted under this title except as otherwise provided by this subsection.


(e-2) An Internet online dropout recovery education program must:


(1) include as a part of its curriculum credentials, certifications, or other course offerings that relate directly to employment opportunities in the state;


(2) employ as faculty and administrators persons with baccalaureate or advanced degrees;


(3) provide an academic coach and local advocate for each student;


(4) use an individual learning plan to monitor each student's progress;


(5) establish satisfactory requirements for the monthly progress of students according to standards set by the commissioner;


(6) provide a monthly report to the student's school district regarding the student's progress;


(7) perform satisfactorily according to performance indicators and accountability standards adopted for alternative education programs by the commissioner; and


(8) comply with this title and rules adopted under this title except as otherwise provided by this subsection.


(f) The commissioner shall include students in attendance in a program under Subsection (e) in the computation of the district's average daily attendance for funding purposes.


(g) In addition to students described by Subsection (d), a student who satisfies local eligibility criteria adopted by the board of trustees of a school district may receive instructional services under this section. The number of students receiving services under this subsection during a school year may not exceed 10 percent of the number of students described by Subsection (d) who received services from the district during the preceding school year.


(h) The agency shall study whether students retained under Section 28.02124 should be considered at-risk. The commissioner may adopt a rule excluding students retained by a parent or guardian under Section 28.02124 from being considered a "student at risk of dropping out of school" under Subsection (d)(1)(A).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1588, Sec. 1, eff. Aug. 30, 1999; Acts 2001, 77th Leg., ch. 725, Sec. 1, 2, eff. June 13, 2001.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 4, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 690 (H.B. 2703), Sec. 1, eff. June 19, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 20, eff. June 10, 2013.


Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 2, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1094 (H.B. 3706), Sec. 1, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 403 (S.B. 1746), Sec. 1, eff. June 2, 2019.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.06, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.029, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1060 (H.B. 1051), Sec. 2, eff. June 14, 2019.


Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 19, eff. May 31, 2021.


Acts 2021, 87th Leg., R.S., Ch. 478 (H.B. 572), Sec. 1, eff. June 14, 2021.


Acts 2021, 87th Leg., R.S., Ch. 887 (S.B. 1697), Sec. 5, eff. June 16, 2021.


Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.008, eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 16, eff. September 1, 2021.


Sec. 29.082. OPTIONAL EXTENDED YEAR PROGRAM. (a) A school district may set aside an amount from the district's allotment under Section 48.104 or may apply to the agency for funding of an extended year program for a period not to exceed 30 instructional days for students in:


(1) kindergarten through grade 11 who are identified as likely not to be promoted to the next grade level for the succeeding school year; or


(2) grade 12 who are identified as likely not to graduate from high school before the beginning of the succeeding school year.


(b) The commissioner may adopt rules for the administration of programs provided under this section.


(c) A school district may not enroll more than 16 students in a class provided under this section.


(d) Each class provided under this section shall be taught by a teacher who has completed successfully a program that provides training to teach a class under this section and that satisfies standards the commissioner establishes.


(e) A student who attends at least 90 percent of the program days of a program under this section and who satisfies the requirements for promotion prescribed by Section 28.021 shall be promoted to the next grade level at the beginning of the next school year unless a parent of the student presents a written request to the school principal that the student not be promoted to the next grade level. As soon as practicable after receiving the request from a parent, the principal shall hold a formal meeting with the student's parent, extended year program teacher, and school counselor. During the meeting, the principal, teacher, or school counselor shall explain the longitudinal statistics on the academic performance of students who are not promoted to the next grade level and provide information on the effect of retention on a student's self-esteem and on the likelihood of a student dropping out of school. After the meeting, the parent may withdraw the request that the student not be promoted to the next grade level. If the parent of a student eligible for promotion under this subsection withdraws the request, the student shall be promoted. If a student is promoted under this subsection, the school district shall continue to use innovative practices to ensure that the student is successful in school in succeeding years.


(f) A school district that provides a program under this section shall adopt a policy designed to lead to immediate reduction and ultimate elimination of student retention.


(g) A school district shall provide transportation to each student who is required to attend a program under this section and who is eligible for regular transportation services.


(h) The commissioner shall give priority to applications for extended year programs to districts with high concentrations of educationally disadvantaged students.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 738, Sec. 1, eff. June 17, 1997; Acts 2003, 78th Leg., ch. 1212, Sec. 8, eff. June 20, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 17, eff. September 1, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 22, eff. June 14, 2013.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.030, eff. September 1, 2019.


Sec. 29.0821. OPTIONAL FLEXIBLE YEAR PROGRAM. (a) A school district may provide a flexible year program for students who did not or are likely not to perform successfully on an assessment instrument administered under Section 39.023 or who would not otherwise be promoted to the next grade level.


(b) To enable a school district to provide additional instructional days for a program under this section, with the approval of the commissioner, a school district may:


(1) provide a number of days of instruction during the regular school year that is not more than 10 days fewer than the number required under Section 25.081(a); and


(2) use for instructional purposes not more than five days that would otherwise be used for staff development or teacher preparation.


(c) Notwithstanding any reduction in the number of instructional days in the regular school year or in the number of staff development days, each educator employed under a 10-month contract must provide the minimum days of service required under Section 21.401.


(d) A school district may require educational support personnel to provide service as necessary for an optional flexible year program.


(e) The commissioner may adopt rules for the administration of programs provided under this section.


Added by Acts 2003, 78th Leg., ch. 824, Sec. 1, eff. June 20, 2003.


Sec. 29.0822. OPTIONAL FLEXIBLE SCHOOL DAY PROGRAM. (a) Notwithstanding Section 25.081 or 25.082, a school district may apply to the commissioner to provide a flexible school day program for students who:


(1) have dropped out of school or are at risk of dropping out of school as defined by Section 29.081;


(2) attend a campus that is implementing an innovative redesign of the campus or an early college high school under a plan approved by the commissioner; or


(3) as a result of attendance requirements under Section 25.092, will be denied credit for one or more classes in which the students have been enrolled.


(b) To enable a school district to provide a program under this section that meets the needs of students described by Subsection (a), a school district that meets application requirements may:


(1) provide flexibility in the number of hours each day a student attends;


(2) provide flexibility in the number of days each week a student attends;


(3) allow a student to enroll in less than or more than a full course load; or


(4) allow a student to enroll in a dropout recovery program in which courses are conducted online.


(c) Except in the case of a course designed for a student described by Subsection (a)(3) or enrolled in a course described by Subsection (b)(4), a course offered in a program under this section must provide for at least the same number of instructional hours as required for a course offered in a program that meets the required minimum number of minutes of operation under Section 25.081.


(d) The commissioner may adopt rules for the administration of this section, including rules establishing application requirements. Subject to Subsection (d-1), the commissioner shall calculate average daily attendance for students served under this section. The commissioner shall allow accumulations of hours of instruction for students whose schedule would not otherwise allow full state funding. Funding under this subsection shall be determined based on the number of instructional days in the school district calendar and a seven-hour school day, but attendance may be cumulated over a school year, including any summer or vacation session. The attendance of students who accumulate less than the number of attendance hours required under this subsection shall be proportionately reduced for funding purposes. The commissioner may:


(1) set maximum funding amounts for an individual course under this section; and


(2) limit funding for the attendance of a student described by Subsection (a)(3) in a course under this section to funding only for the attendance necessary for the student to earn class credit that, as a result of attendance requirements under Section 25.092, the student would not otherwise be able to receive without retaking the class.


(d-1) In calculating average daily attendance for students served under this section, the commissioner shall ensure that funding for attendance in a course in a program under this section is based on the same instructional hour requirements of the regular program rather than a full-time equivalent student basis that requires six hours of student contact time to qualify for a full day of attendance.


(e) A student described by Subsection (a)(3) may enroll in a course in a program under this section offered during the school year or during the period in which school is recessed for the summer to enable the student to earn class credit that, as a result of attendance requirements under Section 25.092, the student would not otherwise be able to receive without retaking the class.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 5.03, eff. May 31, 2006.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 364 (H.B. 1297), Sec. 1, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 18, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 791 (H.B. 2660), Sec. 1, eff. June 17, 2015.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 3, eff. June 15, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1094 (H.B. 3706), Sec. 2, eff. June 15, 2017.


Sec. 29.083. STUDENT RETENTION INFORMATION. The agency shall collect data from school districts through the Public Education Information Management System (PEIMS) relating to grade level retention of students.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.084. TUTORIAL SERVICES. (a) Each school district may provide tutorial services at the district's schools.


(b) A district that provides tutorial services shall require a student whose grade in a subject for a grade reporting period is lower than the equivalent of 70 on a scale of 100 to attend tutorials.


(c) A district may provide transportation for a student who is required to attend tutorial services and who is eligible for regular transportation services.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.085. LIFE SKILLS PROGRAM FOR STUDENT PARENTS. (a) A school district may provide an integrated program of educational and support services for students who are pregnant or who are parents.


(b) The program shall include:


(1) individual counseling, peer counseling, and self-help programs;


(2) career counseling and job readiness training;


(3) day care for the students' children on the campus or at a day-care facility in close proximity to the campus;


(4) transportation for children of students to and from the campus or day-care facility;


(5) transportation for students, as appropriate, to and from the campus or day-care facility;


(6) instruction related to knowledge and skills in child development, parenting, and home and family living; and


(7) assistance to students in the program in obtaining available services from government agencies or community service organizations, including prenatal and postnatal health and nutrition programs.


(c) The district shall solicit recommendations for obtaining community support for the students and their children from organizations for parents of students in the district and from other community organizations.


(d) School districts may operate shared services arrangement programs under this section.


(e) From funds appropriated for the purpose, the commissioner shall distribute funds for programs under this section. In distributing those funds, the commissioner shall give preference to school districts that received funds for a program under this section for the preceding school year and then to the districts that have the highest concentration of students who are pregnant or who are parents. To receive funds for a program under this section, a school district must apply to the commissioner. A program established under this section is required only in school districts in which the program is financed by funds distributed under this subsection and any other funds available for the program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 19, eff. September 1, 2009.


Sec. 29.086. BASIC SKILLS PROGRAMS FOR HIGH SCHOOL STUDENTS. (a) A school district may apply to the commissioner for funding of special programs for students in grade nine who are at risk of not earning sufficient credit or who have not earned sufficient credit to advance to grade 10 and who fail to meet minimum skills levels established by the commissioner. A school district may, with the consent of a student's parent or guardian, assign a student to a program under this section. A program under this section may not exceed 210 instructional days.


(b) A program under this section must emphasize basic skills in areas of the required curriculum under Section 28.002 and must offer students the opportunity to increase credits required for high school graduation under state or school district policy. A program under this section may be provided by a school district or an entity contracting with a school district to provide the program.


(c) The commissioner shall award funds to districts in accordance with a competitive grant process developed by the commissioner. A grant may be made to a consortium of school districts. The criteria by which the commissioner awards a grant must include the quality of the proposed program and the school district's demonstrated need for the program. An approved program must include criteria that permit measurement of student progress, and the district shall:


(1) annually evaluate the progress of students in the program; and


(2) submit the results of the evaluation to the commissioner at the end of the school year.


(d) The commissioner shall establish minimum levels of student enrollment and standards of student progress required for continued funding of a program under this section. The commissioner may eliminate funding for a program in a subsequent school year if the program fails to achieve sufficient levels of student progress.


(e) The amount of a grant under this section must take into account funds distributed to the school district under Chapter 48.


(f) The commissioner may adopt rules for the administration of programs under this section.


Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.02, eff. Sept. 1, 1999.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.031, eff. September 1, 2019.


Sec. 29.087. HIGH SCHOOL EQUIVALENCY PROGRAMS. (a) The agency shall develop a process by which a school district or open-enrollment charter school may apply to the commissioner for authority to operate a program to prepare eligible students to take a high school equivalency examination.


(b) Any school district or open-enrollment charter school may apply for authorization to operate a program under this section. As part of the application process, the commissioner shall require a district or school to provide information regarding the operation of any similar program during the preceding five years.


(b-1) A school district or open-enrollment charter school authorized by the commissioner on or before August 31, 2003, to operate a program under this section may continue to operate that program in accordance with this section.


(c) A school district or open-enrollment charter school may not increase enrollment of students in a program authorized by this section by more than five percent of the number of students enrolled in the similar program operated by the district or school during the 2000-2001 school year.


(d) A student is eligible to participate in a program authorized by this section if:


(1) the student has been ordered by a court under Section 65.103, Family Code, or by the Texas Juvenile Justice Department to:


(A) participate in a preparatory class for the high school equivalency examination; or


(B) take the high school equivalency examination administered under Section 7.111; or


(2) the following conditions are satisfied:


(A) the student is at least 16 years of age at the beginning of the school year or semester;


(B) the student is a student at risk of dropping out of school, as defined by Section 29.081;


(C) the student and the student's parent or guardian agree in writing to the student's participation;


(D) at least two school years have elapsed since the student first enrolled in ninth grade and the student has accumulated less than one third of the credits required to graduate under the minimum graduation requirements of the district or school; and


(E) any other conditions specified by the commissioner.


(e) A school district or open-enrollment charter school shall inform each student who has completed a program authorized by this section of the time and place at which the student may take the high school equivalency examination. Notwithstanding any provision of this section, a student may not take the high school equivalency examination except as authorized by Section 7.111.


(f) A student participating in a program authorized by this section, other than a student ordered to participate under Subsection (d)(1), must have taken the appropriate end-of-course assessment instruments specified by Section 39.023(c) before entering the program and must take each appropriate end-of-course assessment instrument administered during the period in which the student is enrolled in the program. Except for a student ordered to participate under Subsection (d)(1), a student participating in the program may not take the high school equivalency examination unless the student has taken the assessment instruments required by this subsection.


(g) A student enrolled in a program authorized by this section may not participate in a competition or other activity sanctioned or conducted by the University Interscholastic League.


(h) A student who has received a high school equivalency certificate is entitled to enroll in a public school as authorized by Section 25.001 and is entitled to the benefits of the Foundation School Program under Section 48.003 in the same manner as any other student who has not received a high school diploma.


(i) The agency shall request permission from the General Educational Development Testing Service to administer the service's high school equivalency examination to students enrolled in high school who participate in a program authorized by this section. From funds appropriated to the agency that may be used for the purpose, the agency may pay a fee imposed by the service for granting permission to the agency necessary to allow operation of programs authorized by this section.


(j) For purposes of funding under Chapters 46, 48, and 49, a student attending a program authorized by this section may be counted in attendance only for the actual number of hours each school day the student attends the program, in accordance with Section 25.081.


(k) The board of trustees of a school district or the governing board of an open-enrollment charter school shall:


(1) hold a public hearing concerning the proposed application of the district or school before applying to operate a program authorized by this section; and


(2) subsequently hold a public hearing annually to review the performance of the program.


(l) The commissioner may revoke a school district's or open-enrollment charter school's authorization under this section after consideration of relevant factors, including performance of students participating in the district's or school's program on assessment instruments required under Chapter 39, the percentage of students participating in the district's or school's program who complete the program and perform successfully on the high school equivalency examination, and other criteria adopted by the commissioner. A decision by the commissioner under this subsection is final and may not be appealed.


(m) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(9), eff. June 17, 2011.


(n) The commissioner may adopt rules to implement this section.


(o) Repealed by Acts 2003, 78th Leg., ch. 373, Sec. 2, eff. June 18, 2003.


Added by Acts 2001, 77th Leg., ch. 1514, Sec. 7, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 283, Sec. 41, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 373, Sec. 1, 2, eff. June 18, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 5, eff. September 1, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(9), eff. June 17, 2011.


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 23, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 15, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 4, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.032, eff. September 1, 2019.


Sec. 29.088. AFTER-SCHOOL AND SUMMER INTENSIVE MATHEMATICS INSTRUCTION PROGRAMS. (a) A school district may provide an intensive after-school program or an intensive program during the period that school is recessed for the summer to provide mathematics instruction to:


(1) students who are not performing at grade level in mathematics to assist those students in performing at grade level;


(2) students who are not performing successfully in a mathematics course to assist those students in successfully completing the course; or


(3) students other than those described by Subdivision (1) or (2), as determined by the district.


(b) Before providing a program under this section, the board of trustees of a school district must adopt a policy for:


(1) determining student eligibility for participating in the program that:


(A) prescribes the grade level or course a student must be enrolled in to be eligible; and


(B) provides for considering teacher recommendations in determining eligibility;


(2) ensuring that parents of or persons standing in parental relation to eligible students are provided notice of the program;


(3) ensuring that eligible students are encouraged to attend the program;


(4) ensuring that the program is offered at one or more locations in the district that are easily accessible to eligible students; and


(5) measuring student progress on completion of the program.


(c) The commissioner by rule shall:


(1) prescribe a procedure that a school district must follow to apply for and receive funding for a program under this section;


(2) adopt guidelines for determining which districts receive funding if there is not sufficient funding for each district that applies;


(3) require each district providing a program to report student performance results to the commissioner within the period and in the manner prescribed by the rule; and


(4) based on district reports under Subdivision (3) and any required analysis and verification of those reports, disseminate to each district in this state information concerning instructional methods that have proved successful in improving student performance in mathematics.


(d) A program provided under this section shall be paid for with funds appropriated for that purpose.


Added by Acts 2001, 77th Leg., ch. 834, Sec. 8, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 29.087 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(15), eff. Sept. 1, 2003.


Sec. 29.0881. STRONG FOUNDATIONS GRANT PROGRAM. (a) The commissioner shall establish and administer a strong foundations grant program for campuses or a program at a campus serving students enrolled in prekindergarten through grade five to implement a rigorous school approach that combines high-quality instruction, materials, and support structures.


(b) The commissioner shall adopt components that school districts, open-enrollment charter schools, and campuses of the districts or schools must implement under the strong foundations grant program. The components must include:


(1) use of high-quality instructional materials, curricula, and curricular tools;


(2) use of aligned diagnostic and formative assessments;


(3) aligned professional supports;


(4) practices designed to ensure high-quality supports for students with disabilities;


(5) evidence-based practices to increase and maintain parental engagement; and


(6) measurement of fidelity of implementation of the program.


(c) Grants provided under the strong foundations grant program may be in the form of funds, in-kind resources, or both.


(d) The commissioner shall use funds appropriated, federal funds, and other funds available for the strong foundations grant program to assist school districts and open-enrollment charter schools in implementing the program.


(e) A school district or open-enrollment charter school that receives grant funds under this section may use the funds to:


(1) financially support or train or otherwise prepare educators and other staff;


(2) pay for agreements with other entities to provide prekindergarten services; or


(3) pay for accelerated instruction provided under Section 28.0211 or 28.0217.


(f) The commissioner may accept gifts, grants, and donations from any source, including private and nonprofit organizations, for the program. A private or nonprofit organization that contributes to the program may receive an award under Section 7.113.


Added by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 4, eff. June 16, 2021.


Sec. 29.089. MENTORING SERVICES PROGRAM. (a) Each school district may provide a mentoring services program to students at risk of dropping out of school, as defined by Section 29.081.


(b) The commissioner, in consultation with the governor, lieutenant governor, and speaker of the house of representatives, by rule shall determine accountability standards under this section for a school district providing a mentoring services program using funds allocated under Section 48.104.


(c) The board of trustees of the district shall obtain the consent of a student's parent or guardian before allowing the student to participate in the program.


(d) The board of trustees of the district may arrange for any public or nonprofit community-based organization to come to the district's schools and implement the program.


Added by Acts 2003, 78th Leg., ch. 783, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.033, eff. September 1, 2019.


Sec. 29.090. AFTER-SCHOOL AND SUMMER INTENSIVE SCIENCE INSTRUCTION PROGRAMS. (a) A school district may provide an intensive after-school program or an intensive program during the period that school is recessed for the summer to provide science instruction to:


(1) students who are not performing at grade level in science to assist those students in performing at grade level;


(2) students who are not performing successfully in a science course to assist those students in successfully completing the course; or


(3) students other than those described by Subdivision (1) or (2), as determined by the district.


(b) Before providing a program under this section, the board of trustees of a school district must adopt a policy for:


(1) determining student eligibility for participating in the program that:


(A) prescribes the grade level or course a student must be enrolled in to be eligible; and


(B) provides for considering teacher recommendations in determining eligibility;


(2) ensuring that parents of or persons standing in parental relation to eligible students are provided notice of the program;


(3) ensuring that eligible students are encouraged to attend the program;


(4) ensuring that the program is offered at one or more locations in the district that are easily accessible to eligible students; and


(5) measuring student progress on completion of the program.


(c) The commissioner by rule shall:


(1) prescribe a procedure that a school district must follow to apply for and receive funding for a program under this section;


(2) adopt guidelines for determining which districts receive funding if there is not sufficient funding for each district that applies;


(3) require each district providing a program to report student performance results to the commissioner within the period and in the manner prescribed by the rule; and


(4) based on district reports under Subdivision (3) and any required analysis and verification of those reports, disseminate to each district in this state information concerning instructional methods that have proved successful in improving student performance in science.


(d) A program provided under this section shall be paid for with funds appropriated for that purpose.


Added by Acts 2003, 78th Leg., ch. 430, Sec. 4, eff. Sept. 1, 2003.


Renumbered from Education Code, Section 29.089 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(14-a), eff. September 1, 2005.


Sec. 29.091. GRANT PROGRAM FOR DISTRICTS THAT HAVE HIGH ENROLLMENT OF EDUCATIONALLY DISADVANTAGED STUDENTS AND THAT PROVIDE SUMMER INSTRUCTION. (a) In this section:


(1) "New teacher" means a teacher who:


(A) will be teaching for the first time during the next school year; or


(B) first began teaching:


(i) during the preceding two years; or


(ii) in the school district in which the teacher is currently employed during the preceding year.


(2) "Program" means the grant program for school districts to provide summer instruction primarily for students who are educationally disadvantaged, as established under this section.


(b) The commissioner shall establish and administer a competitive program to provide grants to not more than 10 school districts to use in providing instructional programs to students in prekindergarten through eighth grade during the period in which school is recessed for the summer. The program shall be designed to:


(1) encourage participation in the program by a district's most educationally disadvantaged students;


(2) close the academic achievement gap between students who are educationally disadvantaged and students who are not educationally disadvantaged;


(3) ensure that during the period in which school is recessed for the summer, students participating in the program retain knowledge and skills learned during the school year and continue learning;


(4) provide apprenticeship, mentorship, and other professional development opportunities for new teachers and student teachers; and


(5) add to the compensation of a district's highest performing teachers by providing those teachers with summer employment teaching students, new teachers, and student teachers.


(c) To be eligible to participate in the program, a school district must:


(1) have an enrollment of students who are educationally disadvantaged that is greater than 50 percent of total district enrollment;


(2) apply to the commissioner in the manner and within the time prescribed by commissioner rule; and


(3) provide as part of the application materials a plan that is designed to achieve the purposes described by Subsections (b)(1) through (5).


(d) In selecting from among eligible school districts to participate in the program, the commissioner shall select those districts that provide plans under Subsection (c)(3) that are the most innovative and represent a variety of approaches so that the effectiveness of various plans can be compared and evaluated.


(e) A grant awarded under this section may be funded only with money appropriated for the program and any gifts, grants, or donations made to the agency that may be used for and that the commissioner applies to funding the program. The commissioner, in accordance with commissioner rule and based on the amount available for the program, shall determine the amount of each grant awarded under this section. A school district awarded a grant under this section may use the grant only for implementing and administering a plan as described by Subsection (c)(3), including providing compensation to teachers in accordance with Subsection (b)(5) and commissioner rule.


(f) Each school district participating in the program shall, in the manner and within the time prescribed by commissioner rule, provide to the agency an annual written report that includes:


(1) a detailed description of the district's plan, as implemented;


(2) the number and grade levels of participating students;


(3) demographic information for participating students, including the percentage of students of each applicable race and ethnicity, the percentage of educationally disadvantaged students, the percentage of emergent bilingual students as defined by Section 29.052, the percentage of students enrolled in a school district special education program under Subchapter A, and the percentage of students enrolled in a district bilingual education program under Subchapter B;


(4) school attendance rates for participating students, before, during, and after program participation, as applicable;


(5) specific information that demonstrates whether the purposes described by Subsections (b)(2) and (3) have been achieved, including the results of assessment instruments administered under Section 39.023 for participating students, before, during, and after program participation, as applicable;


(6) aggregate results of assessment instruments administered under Section 39.023 for students of participating classroom teachers, new teachers, and student teachers, before, during, and after program participation by the students, as applicable;


(7) information regarding the manner in which teachers are selected for participation in the program and the manner in which teachers are compensated for their participation;


(8) statistical information for participating classroom teachers, new teachers, and student teachers, including the number of years employed in the teaching profession, the number of years teaching in the district in which the program is provided, the category and class of educator certification held, the highest level of academic degree earned, race, ethnicity, and gender;


(9) information regarding whether:


(A) the program is provided on a full-day or half-day basis;


(B) the program is voluntary or mandatory for educationally disadvantaged students;


(C) the district has partnered with an outside provider to provide any supplemental service;


(D) the district provides transportation to participating students; and


(E) the district offers the program to students who are not educationally disadvantaged and, if so, under what circumstances;


(10) information on retention in the teaching profession of the participating teachers, including new teachers and student teachers; and


(11) any other information required by commissioner rule.


(g) The agency shall contract with an experienced and recognized third-party program evaluator to determine and prepare a report regarding the effectiveness of the program. The evaluator's report must include the evaluator's best effort to project the cost and academic effects of implementing the best practices of the program in school districts throughout this state and must describe the effectiveness of the program in:


(1) improving academic performance among participating students;


(2) improving the professional development and performance of new teachers; and


(3) rewarding and retaining the highest performing teachers.


(h) Not later than November 1 of each even-numbered year, the agency shall submit to each member of the legislature a report specifically describing the results of the program. The report may be in the form of a summary of the information required under Subsections (f) and (g).


(i) The commissioner shall adopt rules as necessary to administer this section.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1263 (H.B. 742), Sec. 1, eff. September 1, 2013.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 17, eff. September 1, 2021.


Sec. 29.094. INTENSIVE READING OR LANGUAGE INTERVENTION PILOT PROGRAM. (a) In this section, "pilot program" means the intensive reading or language intervention pilot program.


(b) The commissioner by rule shall establish a pilot program in which a participating campus provides intensive reading or language intervention to participating students.


(c) A campus may apply to the commissioner to participate in the pilot program. The commissioner may select for participation in the pilot program only campuses that have failed to improve student performance in reading according to standards established by the commissioner. The standards established by the commissioner for purposes of this subsection must be based on reading performance standards considered for student promotion under Section 28.021.


(d) The commissioner shall adopt minimum criteria that a program must meet to be selected by a participating campus for use in providing intensive reading or language intervention. The criteria must include neuroscience-based, scientifically validated methods, scientifically based reading interventions, or instructional tools that have been proven to accelerate language acquisition and reading proficiency for struggling readers. A participating campus shall submit a summary of the campus's proposed intensive intervention program to the commissioner for approval. The commissioner may approve only a program that follows the minimum criteria adopted under this subsection.


(e) The principal of a participating campus, in consultation with classroom teachers at the campus, shall select students to participate in the pilot program based on assessment data. Benchmark measures shall be administered at the beginning and end of the program.


(f) Not later than December 31, 2008, any vendor of an intensive intervention program approved under Subsection (d), in consultation with the agency and each school district with which the vendor contracts under this section, shall provide the legislature with a report describing student progress under the assessments administered to participating students under Subsection (e).


(g) Notwithstanding any other law, the commissioner shall provide funding for the pilot program using not more than $6 million of funding appropriated for purposes of Section 28.0211.


(h) The commissioner shall adopt rules necessary to implement this section.


(i) The commissioner shall make the pilot program available to participating campuses during the 2007-2008 and 2008-2009 school years.


Added by Acts 2005, 79th Leg., Ch. 1165 (H.B. 3468), Sec. 1, eff. September 1, 2005.


Reenacted and amended by Acts 2007, 80th Leg., R.S., Ch. 1015 (H.B. 1270), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 34, eff. June 19, 2009.


Sec. 29.095. GRANTS FOR STUDENT CLUBS. (a) In this section:


(1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 4.01(4), eff. June 4, 2019.


(2) "Student at risk of dropping out of school" has the meaning assigned by Section 29.081(d).


(b) The commissioner shall administer a pilot program to provide grants to school districts to fund student club activities for students at risk of dropping out of school. From funds appropriated for purposes of this subchapter, the commissioner shall spend an amount not to exceed $4 million in any state fiscal biennium on the program.


(c) The commissioner may award a grant in an amount not to exceed $5,000 in a school year to a school district on behalf of a student club at a district high school campus that is eligible under the criteria established under Section 39.408. To be eligible for a grant, the student club and the club's sponsor must be sanctioned by the campus and district. A grant awarded under this program must be matched by other federal, state, or local funds, including donations, in an amount equal to the amount of the grant. A district shall seek donations or sponsorships from local businesses or community organizations to raise the matching funds. The commissioner may award a grant on behalf of more than one student club at a campus in the same school year.


(d) The commissioner shall establish application criteria for receipt of a grant under this section. The criteria must require confirmation that the appropriate campus-level planning and decision-making committee established under Subchapter F, Chapter 11, and the school district board of trustees have approved a plan that includes:


(1) a description of the student club;


(2) a statement of the student club's goals, intent, and activities;


(3) a statement of the source of funds to be used to match the grant;


(4) a budget for the student club; and


(5) a statement showing that the student club's finances are sustainable.


(e) The commissioner shall establish the minimum requirements for a local grant agreement, including requiring:


(1) the agreement to be signed by the sponsor of a student club receiving a grant and another authorized school district officer; and


(2) the district and the student club to participate in an evaluation of the club's program and the program's effect on student achievement and dropout rates.


(f) A student club may use funds awarded under this section to support academic or co-curricular club activities, other than athletics, in which at least 50 percent of the participating students have been identified as students at risk of dropping out of school. A student club may use funds for materials, sponsor stipends, and other needs that directly support the club's activities. A student club must use the entire amount of the grant to directly fund the club's activities described in the plan approved as provided by Subsection (d). A student club may not use more than 50 percent of a grant to pay sponsor stipends.


(g) The school district board of trustees shall ensure that funds awarded under this section are expended in compliance with Subsection (f). At the end of the school year, a student club that receives a grant must submit a report to the board of trustees summarizing the club's activities and the extent to which the club met the club's goals and achieved the club's intent. The decision of the board of trustees under this subsection relating to compliance with Subsection (f) is final and may not be appealed.


Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 11, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 35, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 36, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 1.03, eff. June 4, 2019.


Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 4.01(a)(4), eff. June 4, 2019.


Sec. 29.096. COLLABORATIVE DROPOUT REDUCTION PILOT PROGRAM. (a) Repealed by Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 4.01(a)(4), eff. June 4, 2019.


(b) Using funds appropriated for that purpose in an amount not to exceed $4 million each year, the commissioner shall establish a pilot program under which a school district or open-enrollment charter school may receive a grant to implement a local collaborative dropout reduction program.


(c) A school district or open-enrollment charter school is eligible to participate and receive a grant under this section under the eligibility criteria established under Section 39.408.


(d) The commissioner shall establish application criteria for receiving a grant under this section. The criteria must require a school district or open-enrollment charter school that applies for a grant to collaborate with local businesses, other local governments or law enforcement agencies, nonprofit organizations, faith-based organizations, and institutions of higher education to deliver proven, research-based intervention services. The goal of the program is to coordinate services and programs among local entities to:


(1) comprehensively reduce the number of students who drop out of school in that community; and


(2) increase the job skills, employment opportunities, and continuing education opportunities of students who might otherwise have dropped out of school.


(e) The commissioner shall establish minimum standards for a local collaborative agreement, including a requirement that the agreement must be signed by an authorized school district or open-enrollment charter school officer and an authorized representative of each of the other participating entities that is a partner in the collaboration. The program must:


(1) limit participation in the program to students authorized to participate by a parent or other person standing in parental relationship;


(2) have as a primary goal graduation from high school;


(3) provide for local businesses or other employers to offer paid employment or internship opportunities and advanced career and vocational training;


(4) include an outreach component and a lead educational staff member to identify and involve eligible students and public and private entities in participating in the program;


(5) serve a population of students of which at least 50 percent are identified as students at risk of dropping out of school, as described by Section 29.081(d);


(6) allocate not more than 15 percent of grant funds and matching funds, as determined by the commissioner, to administrative expenses; and


(7) include matching funds from any of the participating entities.


(f) A local collaborative agreement under this section may:


(1) be coordinated with other services provided to students or their families by public or private entities;


(2) provide for local businesses to support the program, including:


(A) encouraging employees to engage in mentoring students and other school-related volunteer activities; and


(B) using matching funds to provide paid time off for volunteer activities under Paragraph (A) and other activities related to encouraging school involvement of parents of students enrolled in the program;


(3) allow grant funds to reimburse reasonable costs of participating entities;


(4) provide for electronic course delivery by a school district, an open-enrollment charter school, or an institution of higher education; and


(5) be hosted or housed by a chamber of commerce, local workforce agency, local employer, or other public or private participating entity.


(g) The commissioner may approve innovative instructional techniques for courses in the enrichment curriculum leading to high school graduation under a local collaborative dropout reduction program and shall develop accountability measures appropriate to those programs. From funds appropriated, the commissioner may fund electronic courses that are part of a collaborative program and that are otherwise eligible for state funds. Funding for an electronic course may not exceed the total amount of state and local funding for a student to which the school district or open-enrollment charter school would otherwise be entitled.


(h) Nothing in this section authorizes the award of a high school diploma other than in compliance with Section 28.025.


(i) The commissioner shall adopt rules necessary to administer the pilot program under this section.


Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 11, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 37, eff. June 19, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 21(a), eff. June 10, 2013.


Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 1.04, eff. June 4, 2019.


Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 4.01(a)(4), eff. June 4, 2019.


Sec. 29.099. INTENSIVE MATHEMATICS AND ALGEBRA INTERVENTION PILOT PROGRAM. (a) In this section, "intervention program" means the intensive mathematics and algebra intervention pilot program.


(b) The commissioner by rule shall establish an intervention pilot program in which a participating district will provide:


(1) intensive mathematics intervention for students who are not performing at grade level in mathematics in grades four through seven; and


(2) algebra readiness intervention for students who are not performing at grade level in mathematics in grade eight.


(c) Districts may implement the intensive mathematics and algebra intervention pilot program at a campus whose population of at-risk students exceeds the state average proportion of at-risk students.


(d) A participating campus shall identify a student who does not perform at grade level on an assessment instrument administered under Section 39.023(a)(1), or an equivalent assessment instrument administered under Section 39.023(l), as a student eligible for participation in the intervention program. During a student's placement in the intervention program, a campus shall use progress monitoring assessments to ensure that a student is making appropriate progress in the program.


(e) The commissioner shall adopt a list of mathematics and algebra intervention programs that may be implemented by a school district and funded under this program. Programs placed on the commissioner's list will be reviewed and recommended by a panel of recognized experts in mathematics education.


(f) The commissioner shall adopt minimum criteria that a program must meet to be included on the list adopted by the commissioner. The criteria must:


(1) include comprehensive course plans and teacher guides that are organized around the essential knowledge and skills curriculum for mathematics;


(2) include technology-based supplementary instruction that can diagnose and address areas in which a student is identified to need improvement;


(3) include at least three cumulative days of training, professional development, and mentoring for teachers;


(4) provide students individual access to technology-based supplementary instruction at least 90 minutes each week;


(5) provide teachers daily access to required technology;


(6) demonstrate significant effectiveness in schools serving students identified as being at risk of dropping out of school, as described by Section 29.081(d); and


(7) be selected in consultation with the teachers at the affected campus from the list adopted pursuant to Subsection (e).


(g) The commissioner shall adopt rules necessary to implement this section.


(h) Program Evaluation. The commissioner of education shall contract for the evaluation of the effectiveness of the intervention program established under this section. The commissioner may consider centers for education research to conduct this evaluation. The evaluation shall describe progress under the assessment instruments administered under Section 39.023(a)(1) or equivalent assessment instruments administered under Section 39.023(l) to students participating in the intervention program.


(i) Report to the Legislature. Not later than December 1 of each even-numbered year, the commissioner shall prepare and deliver a report to the legislature that recommends any statutory changes the commissioner considers appropriate to promote improved mathematics and algebra readiness in Texas schools.


Added by Acts 2007, 80th Leg., R.S., Ch. 893 (H.B. 2504), Sec. 1, eff. June 15, 2007.


Renumbered from Education Code, Section 29.095 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(5), eff. September 1, 2009.


SUBCHAPTER D. EDUCATIONAL PROGRAMS FOR GIFTED AND TALENTED STUDENTS



Sec. 29.121. DEFINITION. In this subchapter, "gifted and talented student" means a child or youth who performs at or shows the potential for performing at a remarkably high level of accomplishment when compared to others of the same age, experience, or environment and who:


(1) exhibits high performance capability in an intellectual, creative, or artistic area;


(2) possesses an unusual capacity for leadership; or


(3) excels in a specific academic field.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.122. ESTABLISHMENT. (a) Using criteria established by the State Board of Education, each school district shall adopt a process for identifying and serving gifted and talented students in the district and shall establish a program for those students in each grade level. A district may establish a shared services arrangement program with one or more other districts.


(b) Each school district shall adopt a policy regarding the use of funds to support the district's program for gifted and talented students.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.017, eff. June 12, 2019.


Sec. 29.123. STATE PLAN; ASSISTANCE. The State Board of Education shall develop and periodically update a state plan for the education of gifted and talented students to guide school districts in establishing and improving programs for identified students. The regional education service centers may assist districts in implementing the state plan. In addition to obtaining assistance from a regional education service center, a district may obtain other assistance in implementing the plan. The plan shall be used for accountability purposes to measure the performance of districts in providing services to students identified as gifted and talented.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


SUBCHAPTER E. KINDERGARTEN AND PREKINDERGARTEN PROGRAMS



Sec. 29.151. FREE KINDERGARTEN. The board of trustees of each school district shall establish and maintain one or more kindergartens for the training of children residing in the district who are at least five years of age on September 1 of the school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.152. OPERATION OF KINDERGARTENS ON HALF-DAY OR FULL-DAY BASIS. A public school kindergarten may be operated on a half-day or a full-day basis at the option of the board of trustees of the school district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.153. FREE PREKINDERGARTEN FOR CERTAIN CHILDREN. (a) In this section:


(1) "Child" includes a stepchild.


(2) "Parent" includes a stepparent.


(a-1) A district shall offer prekindergarten classes if the district identifies 15 or more children who are eligible under Subsection (b) and are at least four years of age. A school district may offer prekindergarten classes if the district identifies 15 or more eligible children who are at least three years of age. A district may not charge tuition for a prekindergarten class offered under this section.


(b) A child is eligible for enrollment in a prekindergarten class under this section if the child is at least three years of age and:


(1) is unable to speak and comprehend the English language;


(2) is educationally disadvantaged;


(3) is homeless, regardless of the residence of the child, of either parent of the child, or of the child's guardian or other person having lawful control of the child;


(4) is the child of an active duty member of the armed forces of the United States, including the state military forces or a reserve component of the armed forces, who is ordered to active duty by proper authority;


(5) is the child of a member of the armed forces of the United States, including the state military forces or a reserve component of the armed forces, who was injured or killed while serving on active duty;


(6) is or ever has been in:


(A) the conservatorship of the Department of Family and Protective Services following an adversary hearing held as provided by Section 262.201, Family Code; or


(B) foster care in another state or territory, if the child resides in this state; or


(7) is the child of a person eligible for the Star of Texas Award as:


(A) a peace officer under Section 3106.002, Government Code;


(B) a firefighter under Section 3106.003, Government Code; or


(C) an emergency medical first responder under Section 3106.004, Government Code.


(c) A prekindergarten class under this section may be operated on a half-day basis for children under four years of age and shall be operated on a full-day basis for children who are at least four years of age. A district is not required to provide transportation for a prekindergarten class, but transportation, if provided, is included for funding purposes as part of the regular transportation system.


(c-1) A prekindergarten class under this section for children who are least four years of age must comply with the program standards required for high quality prekindergarten programs under Subchapter E-1.


(d) Subject to Subsections (d-1) and (d-2), on application of a district, the commissioner shall exempt a district from the application of all or any part of this section, including all or any part of Subchapter E-1 for a prekindergarten class described by Subsection (c-1), if the commissioner determines that:


(1) the district would be required to construct classroom facilities in order to provide prekindergarten classes; or


(2) implementing any part of this section would result in fewer eligible children being enrolled in a prekindergarten class under this section.


(d-1) A district may not receive an exemption under Subsection (d) unless the district has solicited proposals for partnerships with public or private entities regarding prekindergarten classes required under this section in accordance with guidance provided by the agency regarding soliciting partnerships and considered submitted proposals at a public meeting. A decision of the board of trustees regarding a partnership described by this subsection is final.


(d-2) An exemption under Subsection (d) may not be granted for a period longer than three school years and may be renewed only once.


(e) Each school district shall develop a system to notify the population in the district with children who are eligible for enrollment in a prekindergarten class under this section of the availability of the class. The system must include public notices issued in English and Spanish.


(e-1) A child who is eligible for enrollment in a prekindergarten class under Subsection (b) at the age of three and enrolls in a prekindergarten class at the age of three remains eligible for enrollment in a prekindergarten class for the following school year.


(f) A child who is eligible for enrollment in a prekindergarten class under Subsection (b)(4) or (5) remains eligible for enrollment if the child's parent leaves the armed forces, or is no longer on active duty, after the child begins a prekindergarten class.


(g) Before a school district or open-enrollment charter school may construct, repurpose, or lease a classroom facility, or issue bonds for the construction or repurposing of a classroom facility, to provide the prekindergarten classes required under this section, the district or school must solicit and consider proposals for partnerships to provide those classes with community-based child-care providers who:


(1) are a Texas Rising Star Program provider with a three-star certification or higher;


(2) are nationally accredited;


(3) are a Head Start program provider;


(4) are a Texas School Ready! participant; or


(5) meet the requirements under Section 29.1532.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 4.01, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 596, Sec. 1, eff. June 11, 2001.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 6.01, eff. May 31, 2006.


Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 4, eff. June 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 1(a), eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 975 (H.B. 3643), Sec. 1, eff. June 19, 2009.


Acts 2017, 85th Leg., R.S., Ch. 1141 (H.B. 357), Sec. 1, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 443 (S.B. 1679), Sec. 1, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.07, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.019, eff. June 12, 2019.


Acts 2021, 87th Leg., R.S., Ch. 222 (H.B. 725), Sec. 2, eff. June 4, 2021.


Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 11, eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(7), eff. September 1, 2021.


Sec. 29.1531. TUITION-SUPPORTED AND DISTRICT-FINANCED PREKINDERGARTEN. (a) A school district may offer on a tuition basis or use district funds to provide:


(1) an additional half-day of prekindergarten classes to children who are eligible for classes under Section 29.153 and are under four years of age; and


(2) half-day and full-day prekindergarten classes to children not eligible for classes under Section 29.153.


(b) A district that offers a prekindergarten program on a tuition basis:


(1) may not adopt a tuition rate for the program that is higher than necessary to cover the added costs of providing the program, including any costs associated with collecting, reporting, and analyzing data under Section 29.1532(c); and


(2) must submit the proposed tuition rate to the commissioner for approval.


Added by Acts 2001, 77th Leg., ch. 596, Sec. 1, eff. June 11, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.020, eff. June 12, 2019.


Sec. 29.1532. PREKINDERGARTEN PROGRAM REQUIREMENTS. (a) A school district's prekindergarten program shall be designed to develop skills necessary for success in the regular public school curriculum, including language, mathematics, and social skills.


(b) If a school district contracts with a private entity for the operation of the district's prekindergarten program, the program must at a minimum comply with:


(1) the applicable child-care licensing standards adopted by the Department of Family and Protective Services under Section 42.042, Human Resources Code; and


(2) the class size requirement for prekindergarten classes imposed under Section 25.112(a).


(c) A school district that offers prekindergarten classes shall include the following information in the district's Public Education Information Management System (PEIMS) report:


(1) demographic information, as determined by the commissioner, on students enrolled in district and campus prekindergarten classes, including the number of students who are eligible for classes under Section 29.153;


(2) the numbers of half-day and full-day prekindergarten classes offered by the district and campus;


(3) the number of half-day prekindergarten classes for which the district has received an exemption from full-day operation under Section 29.153(d);


(4) the sources of funding for the prekindergarten classes;


(5) the class size and ratio of instructional staff to students for each prekindergarten program class offered by the district and campus;


(6) if the district elects to administer an assessment instrument under Section 29.169 to students enrolled in district and campus prekindergarten program classes, a description and the results of each type of assessment instrument; and


(7) curricula used in the district's prekindergarten program classes.


(d) Information required under this section to be included in a school district's Public Education Information Management System (PEIMS) report may not be used for purposes of determining a district's accreditation or a campus or district performance rating under Subchapter C, Chapter 39.


Added by Acts 2001, 77th Leg., ch. 596, Sec. 1, eff. June 11, 2001.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 4, eff. May 28, 2015.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.021, eff. June 12, 2019.


Acts 2021, 87th Leg., R.S., Ch. 974 (S.B. 2081), Sec. 2, eff. September 1, 2021.


Sec. 29.1533. ESTABLISHMENT OF NEW PREKINDERGARTEN PROGRAM. Before establishing a new prekindergarten program, a school district shall consider the possibility of sharing use of an existing Head Start or other child-care program site as a prekindergarten site.


Added by Acts 2003, 78th Leg., ch. 790, Sec. 1, eff. Sept. 1, 2003.


Sec. 29.1534. NOTIFICATION OF PREKINDERGARTEN PROGRAMS. (a) In this section, "prekindergarten program" includes prekindergarten programs provided by a private entity through a partnership with the school district.


(b) The agency shall develop joint strategies with other state agencies regarding methods to increase community awareness of prekindergarten programs through programs that provide information relating to public assistance programs.


(c) The agency may develop outreach materials for use by school districts to increase community awareness of prekindergarten programs.


(d) Expired.


(e) The agency shall provide information to school districts regarding effective methods to communicate to the parent of an eligible child the availability of prekindergarten programs, including information regarding prekindergarten programs through public, private, and nonprofit institutions that provide assistance and support to families with children eligible for prekindergarten programs.


Added by Acts 2009, 81st Leg., R.S., Ch. 592 (H.B. 136), Sec. 1, eff. September 1, 2009.


Sec. 29.154. EVALUATION OF PREKINDERGARTEN PROGRAMS. The commissioner of education, in consultation with the commissioner of human services, shall monitor and evaluate prekindergarten programs as to their developmental appropriateness. The commissioners shall also evaluate the potential for coordination on a statewide basis of prekindergarten programs with government-funded early childhood care and education programs such as child care administered under Chapter 44, Human Resources Code, and federal Head Start programs. That evaluation shall use recommendations contained in the report to the 71st Legislature required by Chapter 717, Acts of the 70th Legislature, Regular Session, 1987. For the purpose of providing cost-effective care for children during the full workday with developmentally appropriate curriculum, the commissioners shall investigate the use of existing child-care program sites as prekindergarten sites. Following the evaluation required by this section, the commissioners, in cooperation with school districts and other program administrators, shall integrate programs, staff, and program sites for prekindergarten, child-care, and federal Head Start programs to the greatest extent possible.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall produce and make available to the public on the agency's Internet website annual district and campus-level reports containing information from the previous school year on early education in school districts and open-enrollment charter schools. A report under this section must contain:


(1) the information required by Section 29.1532(c) to be reported through the Public Education Information Management System (PEIMS);


(2) a description of the diagnostic reading instruments administered in accordance with Section 28.006(c) or (c-2);


(3) the number of students who were administered a diagnostic reading instrument administered in accordance with Section 28.006(c) or (c-2);


(4) the number of students whose scores from a diagnostic reading instrument administered in accordance with Section 28.006(c) or (c-2) indicate reading proficiency;


(5) the number of kindergarten students who were enrolled in a prekindergarten program in the previous school year in the same district or school as the district or school in which the student attends kindergarten;


(6) the number and percentage of students who perform satisfactorily on the third grade reading or mathematics assessment instrument administered under Section 39.023, disaggregated by whether the student was eligible for free prekindergarten under Section 29.153;


(7) the number of students described by Subdivision (6) who attended kindergarten in the district, disaggregated by:


(A) whether the student met the kindergarten readiness standard on the reading instrument adopted under Section 28.006;


(B) whether the student attended prekindergarten in the district; and


(C) the type of prekindergarten the student attended, if applicable; and


(8) the information described by Subdivisions (6) and (7) disaggregated by whether the student is educationally disadvantaged.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 5, eff. May 28, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.022, eff. June 12, 2019.


Sec. 29.1544. REPORTING OF CERTAIN INFORMATION REGARDING PREKINDERGARTEN PROGRAMS; AGENCY REPORT. (a) The agency by rule shall require each school district that offers a prekindergarten program under Section 29.153 and each private entity that provides a prekindergarten program under contract with a school district to report the following information in the form and manner prescribed by the agency for each prekindergarten class offered by the district or private entity:


(1) the number of students in each prekindergarten class;


(2) the number of certified teachers in each prekindergarten class;


(3) the number of teacher's aides in each prekindergarten class;


(4) whether each prekindergarten class is full-day or half-day; and


(5) if the district offers half-day classes, whether the district offers two half-day classes per day.


(b) From the information submitted under Subsection (a), the agency shall determine the total number of teachers and teacher's aides in prekindergarten classes in this state.


(c) From the information submitted under Subsection (a) and for purposes of calculating the student/teacher ratio for each prekindergarten class offered by a school district or private entity that provides a prekindergarten program under contract with a school district, the agency shall count each teacher or teacher's aide:


(1) once for a full-day class; and


(2) twice for a half-day class if the district offers two half-day classes per day.


(d) Not later than August 1 of each year, the agency shall prepare and submit a report to the legislature based on the information collected under Subsection (a).


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.023, eff. June 12, 2019.


Sec. 29.155. KINDERGARTEN AND PREKINDERGARTEN GRANTS. (a) From amounts appropriated for the purposes of this section, the commissioner may make grants to school districts and open-enrollment charter schools to implement or expand kindergarten and prekindergarten programs by:


(1) operating an existing half-day kindergarten or prekindergarten program on a full-day basis; or


(2) implementing a prekindergarten program at a campus that does not have a prekindergarten program.


(b) A school district or open-enrollment charter school may use funds received under this section to employ teachers and other personnel for a kindergarten or prekindergarten program and acquire curriculum materials or equipment, including computers, for use in kindergarten and prekindergarten programs.


(c) To be eligible for a grant under this section, a school district or open-enrollment charter school must apply to the commissioner in the manner and within the time prescribed by the commissioner.


(d) In awarding grants under this section, the commissioner shall give priority to districts and open-enrollment charter schools in which the level of performance of students on the assessment instruments administered under Section 39.023 to students in grade three is substantially below the average level of performance on those assessment instruments for all school districts in the state.


(e) The commissioner may adopt rules to administer this section.


(f) Notwithstanding Section 7.056(e)(3)(I), the commissioner may waive a requirement prescribed by this subchapter to the extent necessary to implement a grant awarded under this section or Section 29.156.


(g) From amounts appropriated for the purposes of this subsection, the commissioner may also provide for:


(1) coordinating early childhood care and education programs;


(2) developing and disseminating for programs described by Subdivision (1) prekindergarten instructional materials and school-readiness information for parents; and


(3) developing standards for model early childhood care and education coordination.


(h) The model program standards developed under Subsection (g) must focus on pre-literacy skills, including language acquisition, vocabulary development, and phonological awareness.


(i) In carrying out the purposes of Subsection (g), a school district or open-enrollment charter school may use funds granted to the district or school under this subsection in contracting with another entity, including a private entity.


(j) If a school district or open-enrollment charter school returns to the commissioner funds granted under this section, the commissioner may grant those funds to another entity, including a private entity, for the purposes of Subsection (g).


Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.01, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 790, Sec. 2, eff. Sept. 1, 2003.


Sec. 29.156. GRANTS FOR EDUCATIONAL COMPONENT OF HEAD START. (a) From funds appropriated for the purpose, the commissioner shall make grants for use in providing an educational component to federal Head Start programs or similar government-funded early childhood care and education programs.


(b) The commissioner shall adopt rules for implementation of this section, including rules prescribing eligibility criteria for receipt of a grant and for expenditure of grant funds.


Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.01, eff. Sept. 1, 1999.


Sec. 29.1561. ADMINISTRATION OF EARLY CHILDHOOD CARE AND EDUCATION PROGRAMS. (a) The commissioner may waive a law or rule relating to early childhood care and education programs:


(1) to the extent that the law or rule is more restrictive than required by federal law; or


(2) to the extent necessary to comply with federal law.


(b) Notwithstanding any restriction imposed by this title, the commissioner may administer grants for early childhood care and education programs under Section 29.155 or 29.156, including Head Start and Early Head Start programs, in a manner that provides the greatest flexibility allowed under federal law.


(c) The commissioner by rule may establish a program to provide incentives to providers of early childhood care and education programs that, to the greatest extent practicable, provide coordinated services authorized under Section 29.158(c).


Added by Acts 2003, 78th Leg., ch. 790, Sec. 3, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 275 (S.B. 23), Sec. 1, eff. September 1, 2005.


Sec. 29.157. READY TO READ GRANTS. (a) From funds appropriated for the purpose, the commissioner shall make grants as provided by this section in support of pre-reading instruction.


(b) The commissioner shall establish a competitive grant program for distribution of at least 95 percent of the available appropriated funds. Grants shall be used to provide scientific, research-based pre-reading instruction for the purpose of directly improving pre-reading skills and for identifying cost-effective models for pre-reading intervention. The commissioner shall distribute the grants in amounts not less than $50,000 or more than $150,000 to eligible applicants to be used for:


(1) professional staff development in pre-reading instruction;


(2) pre-reading curriculum and materials;


(3) pre-reading skills assessment materials; and


(4) employment of pre-reading instructors.


(c) A public school operating a prekindergarten program, or an eligible entity as defined by Section 12.101(a) that provides a preschool instruction program and that meets qualifications prescribed by the commissioner, is eligible to apply for a grant if at least 75 percent of the children enrolled in the program are low-income students, as determined by rule of the commissioner.


(d) As a condition to receiving a grant, an applicant must commit public or private funds matching the grant in a percentage set by the commissioner. The commissioner shall determine the required percentage of matching funds based on the demonstrated economic capacity of the community served by the program to raise funds for the purpose of matching the grant, as determined by the commissioner. Matching funds must equal at least 30 percent, but not more than 75 percent, of the amount of the grant.


(e) The commissioner shall develop and implement performance measures for evaluating the effectiveness of grants under this section. Those measures must correlate to other reading diagnostic assessments used in public schools in kindergarten through the second grade.


(f) The commissioner may adopt rules as necessary for the administration of this section.


Added by Acts 1999, 76th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1999. Renumbered from Sec. 29.155 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(17), eff. Sept. 1, 2001.


Sec. 29.158. COORDINATION OF SERVICES. (a) In a manner consistent with federal law and regulations, each prekindergarten program provider, Head Start and Early Head Start program provider, and provider of an after-school child-care program provided at a school shall coordinate with the agency, the Texas Workforce Commission, and local workforce development boards regarding subsidized child-care services.


(b) The coordination required by this section must include:


(1) providing to an applicant for a child-care service information regarding:


(A) child-care resource and referral agencies serving the applicant's community;


(B) information and referral providers serving the applicant's community; or


(C) the prekindergarten program, local child-care and development fund contractor, or Head Start program administrator serving the applicant's community; and


(2) coordinating to ensure, to the extent practicable, that full-day, full-year child-care services are available to meet the needs of low-income parents who are working or participating in workforce training or workforce education.


(c) The coordination required by this section may also include:


(1) cooperating with each state agency regarding child-care or child-development studies conducted by that agency;


(2) collecting data necessary to determine a child's eligibility for subsidized child-care services or a prekindergarten, Head Start or Early Head Start, or after-school child-care program, to the extent that the collection of data does not violate the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g);


(3) cooperating to provide for staff training and professional development activities;


(4) identifying and developing methods for the collaborative provision of subsidized child-care services and prekindergarten, Head Start or Early Head Start, or after-school child-care program services, including:


(A) operating a combined system for eligibility determination or registration processes so that an applicant may apply for all services available in an applicant's community through a single point of access;


(B) sharing facilities or staff; and


(C) increasing the enrollment capacity of those programs;


(5) identifying child-care facilities located in close proximity to prekindergarten, Head Start or Early Head Start, or after-school child-care programs;


(6) coordinating transportation between child-care facilities identified under Subdivision (5) and a prekindergarten, Head Start or Early Head Start, or after-school child-care program; and


(7) coordinating with the State Center for Early Childhood Development to develop longitudinal studies to measure the effects of quality early childhood care and education programs on educational achievement, including high school performance and completion.


(d) In coordinating child-care services under this section and in making any related decision to contract with another provider for child-care services, the agency, Texas Workforce Commission, local workforce development boards, and each prekindergarten program provider, Head Start and Early Head Start program provider, and provider of an after-school child-care program provided at a school shall consider the quality of the services involved in the proposed coordination or contracting decision and shall give preference to services of the highest quality. Any appropriate indicator of quality services may be considered under this subsection, including whether the provider of the services:


(1) meets Texas Rising Star Program certification criteria;


(2) is accredited by a nationally recognized accrediting organization approved by the Texas Workforce Commission and the Department of Family and Protective Services;


(3) meets standards developed by the State Center for Early Childhood Development; or


(4) has achieved any other measurable target relevant to improving the quality of child care in this state.


(e) Any coordination required by this section that involves a prekindergarten program must be approved by the commissioner.


Added by Acts 2003, 78th Leg., ch. 790, Sec. 4, eff. Sept. 1, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 241 (H.B. 376), Sec. 1, eff. September 1, 2013.


Sec. 29.159. PROVISION OF CERTAIN INFORMATION. (a) Except as otherwise provided by this section, each provider of government-funded child-care services shall, at the time that a child is enrolled with the provider, furnish to the child's parent information regarding:


(1) effective early education settings; and


(2) any indicators that a child is ready for kindergarten that have been developed at the time the child is enrolled.


(b) If a provider does not have sufficient resources to provide the information specified by Subsection (a), the provider shall:


(1) furnish the parent with the appropriate telephone numbers or Internet sites through which the parent may obtain the information; or


(2) refer the parent to a local child-care resource and referral agency.


Added by Acts 2003, 78th Leg., ch. 790, Sec. 4, eff. Sept. 1, 2003.


Sec. 29.160. DEMONSTRATION PROJECTS. (a) The State Center for Early Childhood Development, in conjunction with a school district, regional education service center, institution of higher education, local government, local workforce development board, or community organization, may develop a quality rating system demonstration project under which prekindergarten program providers, licensed child-care facilities, or Head Start and Early Head Start program providers are assessed under a quality rating system.


(b) In developing the quality rating system demonstration project, the State Center for Early Childhood Development is entitled to:


(1) reasonable access to the sites at which the programs to be rated are operated, which may include sites under the authority of school districts or the Department of Protective and Regulatory Services; and


(2) technical assistance and support from the agency, the Texas Workforce Commission, and the Department of Protective and Regulatory Services to the extent that those agencies have the ability to provide assistance and support using existing agency resources.


(c) A school district, regional education service center, institution of higher education, local government, local workforce development board, or community organization may develop one or more coordination-of-resources demonstration projects under which government-funded child-care and early education services, including Head Start and Early Head Start, prekindergarten, and after-school child-care program services, child-care services provided by nonprofit or for-profit entities, and faith-based child-care programs, are operated in a coordinated and integrated manner. An entity that develops a proposed demonstration project under this subsection must obtain approval of the project from the state agency or agencies with regulatory jurisdiction over the subject matter involved in the project. Approval of a project under this subsection must be made contingent on development of a memorandum of understanding regarding the child-care and early education coordination and integration that is:


(1) entered into by each entity participating in the project;


(2) certified by the State Center for Early Childhood Development as meeting any standards developed under Section 29.155(g); and


(3) consistent with the applicable provisions of this section and applicable laws and regulations in a manner that at a minimum maintains existing child-care and early education program requirements and does not waive any existing health and safety standards.


(c-1) The memorandum of understanding required under Subsection (c) shall provide for:


(1) equal decision-making authority for entities participating in the project;


(2) uniform eligibility criteria for the project to the extent authorized by state and federal law;


(3) development of streamlined enrollment procedures and simplified forms for children eligible for services under the project;


(4) strategies for the colocation and management of staff and for facilitation of effective communication among staff members;


(5) alignment and coordination of program calendars;


(6) delineation of responsibilities for the provision of instructional supplies and materials and food services;


(7) development and implementation of a system by which eligible children are referred for services among the participating entities in a manner that complies with applicable laws and regulations;


(8) periodic meetings of the participating entities to address concerns relating to the administration and operation of the project; and


(9) periodic meetings of the participating entities to address common standards for the professional development of program staff and to create opportunities to ensure that local communities have effective program staff.


(c-2) A demonstration project established under Subsection (c) must include a program evaluation component that, in addition to assessing child-care and early education outcomes for young children, demonstrates:


(1) the extent to which program quality has been enhanced;


(2) the extent to which the number of children being served by full-day, full-year programs has increased;


(3) the extent to which professional development training or activities engaged in by program staff has increased; and


(4) that there has been no weakening of standards or diminishment of services.


(d) An entity that obtains approval of a coordination-of-resources demonstration project is entitled to a waiver or modification of any existing rule, policy, or procedure of the agency, the Texas Workforce Commission, or the Department of Protective and Regulatory Services that impairs the coordinated provision of government-funded child-care services, provided that the waiver or modification does not adversely affect the health, safety, or welfare of the children receiving services under the project. In addition, if applicable, the appropriate state agency must seek on behalf of the entity any available federal waiver from a federal rule, policy, or procedure imposed in connection with a Head Start program that impairs the coordinated provision of government-funded child-care services. Not later than the 30th day after the date on which a state agency becomes aware of an applicable federal waiver under this subsection, the state agency shall notify the appropriate entity of the date by which the state agency intends to seek the waiver.


(e) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(2), eff. September 1, 2013.


(f) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(2), eff. September 1, 2013.


Added by Acts 2003, 78th Leg., ch. 790, Sec. 4, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 275 (S.B. 23), Sec. 2, eff. September 1, 2005.


Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(2), eff. September 1, 2013.


Sec. 29.161. SCHOOL READINESS CERTIFICATION SYSTEM. (a) The State Center for Early Childhood Development, in conjunction with the P-16 Council established under Section 61.076, shall develop and adopt a school readiness certification system for use in certifying the effectiveness of prekindergarten programs, Head Start and Early Head Start programs, government-subsidized child-care programs provided by nonprofit or for-profit entities, government-subsidized faith-based child-care programs, and other government-subsidized child-care programs in preparing children for kindergarten. The system shall be made available on a voluntary basis to program providers seeking to obtain certification as evidence of the quality of the program provided.


(b) In developing and adopting the system, the center shall seek the active participation of all interested stakeholders, including parents and program providers.


(c) The system must:


(1) be reflective of research in the field of early childhood care and education;


(2) be well-grounded in the cognitive, social, and emotional development of young children;


(3) apply a common set of criteria to each program provider seeking certification, regardless of the type of program or source of program funding; and


(4) be capable of fulfilling the reporting and notice requirements of Sections 28.006(d) and (g).


(d) The agency shall collect each student's raw score results on the reading instrument administered under Section 28.006 from each school district using the system created under Subsection (a) and shall contract with the State Center for Early Childhood Development for purposes of this section.


(e) The State Center for Early Childhood Development shall, using funds appropriated for the school readiness certification system, provide the system created under Subsection (a) to each school district to report each student's raw score results on the reading instrument administered under Section 28.006.


(f) The agency shall:


(1) provide assistance to the State Center for Early Childhood Development in developing and adopting the school readiness certification system under this section, including providing access to data for the purpose of locating the teacher and campus of record for students; and


(2) require confidentiality and other security measures for student data provided to the State Center for Early Childhood Development as the agency's agent, consistent with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).


Added by Acts 2005, 79th Leg., Ch. 275 (S.B. 23), Sec. 3, eff. September 1, 2005.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 4.005, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1340 (S.B. 1871), Sec. 3, eff. June 15, 2007.


Sec. 29.162. RULES. (a) The commissioner may adopt rules for this subchapter, including rules establishing full-day and half-day minutes of operation requirements as provided by Section 25.081.


(b) Section 2001.0045, Government Code, does not apply to rules adopted under this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 5, eff. June 15, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.024, eff. June 12, 2019.


SUBCHAPTER E-1. HIGH QUALITY PREKINDERGARTEN PROGRAM REQUIREMENTS



Sec. 29.164. DEFINITION. In this subchapter, "program" means a high quality prekindergarten program required under Section 29.153(c-1) to be provided free of tuition or fees in accordance with this subchapter.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.026, eff. June 12, 2019.


Sec. 29.167. HIGH QUALITY CURRICULUM AND TEACHER REQUIREMENTS. (a) A school district shall select and implement a curriculum for a prekindergarten program that:


(1) includes the prekindergarten guidelines established by the agency;


(2) measures the progress of students in meeting the recommended learning outcomes; and


(3) does not use national curriculum standards developed by the Common Core State Standards Initiative.


(b) Each teacher for a prekindergarten program class must:


(1) be certified under Subchapter B, Chapter 21; and


(2) have one of the following additional qualifications:


(A) a Child Development Associate (CDA) credential or another early childhood education credential approved by the agency;


(B) certification offered through a training center accredited by Association Montessori Internationale or through the Montessori Accreditation Council for Teacher Education;


(C) at least eight years' experience of teaching in a nationally accredited child care program;


(D) be employed as a prekindergarten teacher in a school district that has received approval from the commissioner for the district's prekindergarten-specific instructional training plan that the teacher uses in the teacher's prekindergarten classroom; or


(E) an equivalent qualification.


(c) A school district may allow a teacher employed by the district to receive the training required to be awarded a Child Development Associate (CDA) credential from a regional education service center that offers the training in accordance with Section 8.058. Training may not include national curriculum standards developed by the Common Core State Standards Initiative.


(d) A school district must attempt to maintain an average ratio in any prekindergarten program class of not less than one certified teacher or teacher's aide for each 11 students.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.027, eff. June 12, 2019.


Sec. 29.168. FAMILY ENGAGEMENT PLAN. (a) A school district shall develop and implement a family engagement plan to assist the district in achieving and maintaining high levels of family involvement and positive family attitudes toward education. The family engagement plan must be based on family engagement strategies established under Subsection (b).


(b) The agency shall collaborate with other state agencies, including the Health and Human Services Commission, that provide services for children from birth through five years of age to establish prioritized family engagement strategies to be included in a school district's family engagement plan. A parent-teacher organization, community group, or faith-based institution may submit to the agency recommendations regarding the establishment of family engagement strategies, and the agency, in establishing the family engagement strategies, shall consider any received recommendations. The engagement strategies must:


(1) be based on empirical research;


(2) be proven to demonstrate significant positive short-term and long-term outcomes for early childhood education; and


(3) include programs and interventions that engage a family in supporting a student's learning at home.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 1027 (H.B. 1593), Sec. 1, eff. June 15, 2017.


Sec. 29.169. PROGRAM EVALUATION. (a) A school district shall:


(1) select and implement appropriate methods for evaluating the district's program classes by measuring student progress; and


(2) make data from the results of program evaluations available to parents.


(b) A school district may administer diagnostic assessments to students in a program class to evaluate student progress as required by Subsection (a) but may not administer a state standardized assessment instrument.


(c) An assessment instrument administered to a prekindergarten program class must be selected from a list of appropriate prekindergarten assessment instruments identified by the commissioner.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


For expiration of this section, see Subsection (c).



Sec. 29.170. PROGRAM FUNDING EVALUATION. (a) The commissioner shall evaluate the use and effectiveness of prekindergarten funding in improving student learning. The commissioner shall identify effective instruction strategies implemented by school districts under this subchapter.


(b) Beginning in 2018, not later than December 1 of each even-numbered year, the commissioner shall deliver a report to the legislature containing the results of the evaluation.


(c) This section expires December 31, 2024.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.028, eff. June 12, 2019.


Sec. 29.171. ELIGIBLE PRIVATE PROVIDERS. (a) A school district that offers a prekindergarten program under this subchapter may enter into a contract with an eligible private provider to provide services or equipment for the program.


(1) be accredited by a research-based, nationally recognized, and universally accessible accreditation system approved by the commissioner;


(2) be a Texas Rising Star Program provider with a three-star certification or higher;


(3) be a Texas School Ready! participant;


(4) have an existing partnership with a school district to provide a prekindergarten program not provided under this subchapter; or


(5) be accredited by an organization that is recognized by the Texas Private School Accreditation Commission.


(c) A prekindergarten program provided by a private provider under this section is subject to:


(1) the requirements of this subchapter; and


(2) the class size requirement for prekindergarten classes imposed under Section 25.112(a).


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.029, eff. June 12, 2019.


Acts 2021, 87th Leg., R.S., Ch. 974 (S.B. 2081), Sec. 3, eff. September 1, 2021.


Sec. 29.172. RULES. (a) The commissioner may adopt rules necessary to implement this subchapter.


(b) Section 2001.0045, Government Code, does not apply to rules adopted under this section.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.030, eff. June 12, 2019.


SUBCHAPTER F. CAREER AND TECHNOLOGY EDUCATION PROGRAM



Sec. 29.181. PUBLIC EDUCATION CAREER AND TECHNOLOGY EDUCATION GOALS. Each public school student shall master the basic skills and knowledge necessary for:


(1) managing the dual roles of family member and wage earner; and


(2) gaining entry-level employment in a high-skill, high-wage job or continuing the student's education at the postsecondary level.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.182. STATE PLAN FOR CAREER AND TECHNOLOGY EDUCATION. (a) The agency shall prepare and biennially update a state plan for career and technology education that sets forth objectives for career and technology education for the next biennium and long-term goals for the following five years.


(b) The state plan must include procedures designed to ensure that:


(1) all secondary and postsecondary students have the opportunity to participate in career and technology education programs;


(2) the state complies with requirements for supplemental federal career and technology education funding;


(3) career and technology education is established as a part of the total education system of this state and constitutes an option for student learning that provides a rigorous course of study consistent with the required curriculum under Section 28.002 and under which a student may receive specific education in a career and technology program that:


(A) incorporates competencies leading to academic and technical skill attainment;


(B) leads to:


(i) an industry-recognized license, credential, or certificate; or


(ii) at the postsecondary level, an associate or baccalaureate degree;


(C) includes opportunities for students to earn college credit for coursework; and


(D) includes, as an integral part of the program, participation by students and teachers in activities of career and technical student organizations supported by the agency and the State Board of Education; and


(4) a school district provides, to the greatest extent possible, to a student participating in a career and technology education program opportunities to enroll in dual credit courses designed to lead to a degree, license, or certification as part of the program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 41, eff. June 19, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 22, eff. June 10, 2013.


Sec. 29.183. CAREER AND TECHNOLOGY AND OTHER EDUCATIONAL PROGRAMS. (a) The board of trustees of a school district may conduct and supervise career and technology classes and other educational programs for students and for other persons of all ages and spend local maintenance funds for the cost of those classes and programs.


(b) In developing a career and technology program, the board of trustees shall consider the state plan for career and technology education required under Section 29.182.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.184. CONTRACTS WITH OTHER SCHOOLS FOR CAREER AND TECHNOLOGY CLASSES. (a) The board of trustees of a school district may contract with another school district or with a public or private postsecondary educational institution or trade or technical school that is regulated by this state, as designated in the state plan for career and technology education required under Section 29.182, to provide career and technology classes for students in the district.


(b) A student who attends career and technology classes at another school under a contract authorized by Subsection (a) is included in the average daily attendance of the district in which the student is regularly enrolled.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.185. CAREER AND TECHNOLOGY PROGRAM REQUIREMENTS AND PROCEDURES. (a) The agency shall prescribe requirements for career and technology education in public schools as necessary to comply with federal law.


(b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 5(1), eff. September 1, 2017.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 446 (S.B. 1410), Sec. 1, eff. September 1, 2011.


Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 5(1), eff. September 1, 2017.


Sec. 29.187. AWARD FOR DISTINGUISHED ACHIEVEMENT IN CAREER AND TECHNOLOGY EDUCATION; PROGRAM. (a) In addition to the authority granted under Section 29.183, the board of trustees of a school district may develop and offer a program that provides a rigorous course of study consistent with the required curriculum under Section 28.002 and under which a student may:


(1) receive specific education in a career and technology profession that:


(A) leads to postsecondary education; or


(B) meets or exceeds business or industry standards; and


(2) obtain from the district an award for distinguished achievement in career and technology education and a stamp or other notation on the student's transcript that indicates receipt of the award.


(b) An award granted under this section is not in lieu of a diploma or certificate of coursework completion issued under Section 28.025.


(c) In developing a program under this section, the board of trustees of a school district shall consider the state plan for career and technology education required under Section 29.182.


(d) The board of trustees of a school district may contract with an entity listed in Section 29.184(a) for assistance in developing the program or providing instruction to district students participating in the program.


(e) The board of trustees of a school district may also contract with a local business or a local institution of higher education for assistance in developing or operating a program under this section. A program may provide education in areas of technology unique to the local area.


(f) Repealed by Acts 2017, 85th Leg., R.S., Ch. 122 (H.B. 639), Sec. 2, eff. May 26, 2017.


(g) If a business that contracts with a district under Subsection (e) obtains any insurance related to the student other than liability insurance, any proceeds of the insurance must be used for the benefit of the student and the student's family.


(h) The board of trustees of a school district must submit a proposed program under this section to the commissioner of education in accordance with criteria established by the commissioner.


Added by Acts 2003, 78th Leg., ch. 61, Sec. 3, eff. May 16, 2003.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 122 (H.B. 639), Sec. 2, eff. May 26, 2017.


Sec. 29.188. RECOGNITION OF SUCCESSFUL CAREER AND TECHNOLOGY EDUCATION PROGRAM. The governor is encouraged to present a proclamation or certificate to each member of the business and industry community that the Texas Workforce Commission, in cooperation with the agency, determines has successfully assisted in the provision of a career and technology education program under this subchapter.


Added by Acts 2003, 78th Leg., ch. 61, Sec. 4, eff. Sept. 1, 2003.


Sec. 29.190. SUBSIDY FOR CERTIFICATION EXAMINATION.


(a) A student is entitled to a subsidy under this section if:


(1) the student:


(A) successfully completes the career and technology program of a school district in which the student receives training and instruction for employment; or


(B) is enrolled in a special education program under Subchapter A; and


(2) the student passes a certification examination to qualify for a license or certificate that is an industry certification for purposes of Section 39.053(c)(1)(B)(v), administered while the student is enrolled in a school district.


(a-1) A student may not receive more than one subsidy under this section.


(b) A teacher is entitled to a subsidy under this section if the teacher passes a certification examination related to cybersecurity.


(c) On approval by the commissioner, the agency shall pay each school district an amount equal to the cost paid by the district for a certification examination under this section. To obtain reimbursement for a subsidy paid under this section, a district must:


(1) pay the fee for the examination; and


(2) submit to the commissioner a written application on a form prescribed by the commissioner stating the amount of the fee paid under Subdivision (1) for the certification examination.


(d) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(a)(1), eff. September 1, 2013.


(e) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(a)(1), eff. September 1, 2013.


Added by Acts 2007, 80th Leg., R.S., Ch. 1225 (H.B. 2383), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 22, eff. September 1, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 23(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 78(a)(1), eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 1088 (H.B. 3593), Sec. 3, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.031, eff. June 12, 2019.


Sec. 29.191. ACCIDENT, LIABILITY, AND AUTOMOBILE INSURANCE COVERAGE. (a) The board of trustees of a school district or the governing body of an open-enrollment charter school may obtain accident, liability, or automobile insurance coverage to protect:


(1) a business or entity that participates with the district or school to provide district or school students a career and technology program; and


(2) a district or school student who participates in a district or school career and technology program.


(b) The coverage authorized by this section must be:


(1) obtained from a reliable insurer authorized to engage in business in this state; or


(2) for a district, provided through the district's self-funded risk pool.


(c) The amount of coverage a district or school obtains:


(1) must be reasonable considering the financial condition of the district or school; and


(2) may not exceed the amount that is reasonably necessary in the opinion of, as applicable, the board of trustees of the district or the governing body of the school.


(d) If the board of trustees of a district or the governing body of a school obtains accident, liability, or automobile insurance coverage under this section, an administrator designated by the board of trustees of the district or governing body of the school, as applicable, shall notify the parent or guardian of each student participating in the career and technology program.


(e) A district or school may not directly or indirectly charge a student or the student's parent or guardian for the cost of providing to the student insurance under this section.


(f) The failure of any board of trustees of a district or the governing body of a school to obtain coverage authorized by this section or to obtain a specific amount of coverage under this section may not be construed as placing any legal liability on, as applicable, the district or the district's officers, agents, or employees or the school or the school's officers, agents, or employees.


Added by Acts 2017, 85th Leg., R.S., Ch. 122 (H.B. 639), Sec. 1, eff. May 26, 2017.


Sec. 29.192. IMMUNITY FROM LIABILITY. A student who participates in a career and technology program approved by a school district or an open-enrollment charter school is entitled to immunity in the same manner provided under Section 22.053 as a volunteer who is serving as a direct service volunteer of a district or school.


Added by Acts 2017, 85th Leg., R.S., Ch. 122 (H.B. 639), Sec. 1, eff. May 26, 2017.


Sec. 29.194. SUMMER CAREER AND TECHNOLOGY EDUCATION GRANT PROGRAM. (a) From funds appropriated or available for the purpose, the commissioner, in cooperation with an appropriate private entity, shall establish a grant program to provide funding to school districts for career and technology education courses offered during the summer.


(b) The commissioner may solicit and accept gifts, donations, or other contributions for the grant program established under this section.


(c) The commissioner may adopt rules as necessary to implement this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.032, eff. June 12, 2019.


SUBCHAPTER G. PUBLIC EDUCATION GRANT PROGRAM



Sec. 29.201. PARENTAL CHOICE. Notwithstanding any other provision of this code, as provided by this subchapter an eligible student may attend a public school in the district in which the student resides or may use a public education grant to attend any other district chosen by the student's parent.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.202. ELIGIBILITY.


(a) A student is eligible to receive a public education grant or to attend another public school in the district in which the student resides under this subchapter if the student is assigned to attend a public school campus assigned an unacceptable performance rating that is made publicly available under Section 39.054.


(b) After a student has used a public education grant to attend a school in a district other than the district in which the student resides:


(1) the student does not become ineligible for the grant if the school on which the student's initial eligibility is based no longer meets the criteria under Subsection (a); and


(2) the student becomes ineligible for the grant if the student is assigned to attend a school that does not meet the criteria under Subsection (a).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 722, Sec. 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 767, Sec. 9, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 342, Sec. 3, eff. Sept. 1, 2003.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.08, eff. May 31, 2006.


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 42, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 7.007, eff. September 1, 2011.


Acts 2017, 85th Leg., R.S., Ch. 807 (H.B. 22), Sec. 5, eff. June 15, 2017.


Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.03, eff. September 1, 2021.


Sec. 29.203. FINANCING. (a) A student who under this subchapter uses a public education grant to attend a public school in a school district other than the district in which the student resides is included in the average daily attendance of the district in which the student attends school.


(c) A school district is entitled to additional facilities assistance under Section 48.301 if the district agrees to:


(1) accept a number of students using public education grants that is at least one percent of the district's average daily attendance for the preceding school year; and


(2) provide services to each student until the student either voluntarily decides to attend a school in a different district or graduates from high school.


(d) A school district chosen by a student's parent under Section 29.201 is entitled to accept or reject the application for the student to attend school in that district but may not use criteria that discriminate on the basis of a student's race, ethnicity, academic achievement, athletic abilities, language proficiency, sex, or socioeconomic status. A school district that has more acceptable applicants for attendance under this subchapter than available positions must give priority to students at risk of dropping out of school as defined by Section 29.081 and must fill the available positions by lottery. However, to achieve continuity in education, a school district may give preference over at-risk students to enrolled students and to the siblings of enrolled students residing in the same household or other children residing in the same household as enrolled students for the convenience of parents, guardians, or custodians of those children.


(e) A school district chosen by a student's parent under Section 29.201 may not charge the student tuition.


(f) The school district in which a student resides shall provide each student attending a school in another district under this subchapter transportation free of charge to and from the school the student would otherwise attend.


(g) In this section:


(1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(16), eff. September 1, 2019.


(2) "Guaranteed local revenue level" means a local revenue level equal to the dollar amount guaranteed level of state and local funds per weighted student per cent of tax effort, as provided by Section 48.202, multiplied by 10,000.


(3) Repealed by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(16), eff. September 1, 2019.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 722, Sec. 2, eff. Sept. 1, 1997.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.034, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.035, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(16), eff. September 1, 2019.


Sec. 29.204. NOTIFICATION. (a) Not later than January 1 of each year the commissioner shall, based on the most recent information available, provide notice to each school district in which a campus described by Section 29.202 is located that:


(1) identifies each campus in the district that meets the description in Section 29.202; and


(2) informs the district that the district must comply with Subsection (b).


(b) Not later than February 1 of each year, a school district shall notify the parent of each student in the district assigned to attend a campus described by Section 29.202 that the student is eligible for a public education grant. The notice must contain a clear, concise explanation of the public education grant program and of the manner in which the parent may obtain further information about the program.


Added by Acts 1997, 75th Leg., ch. 722, Sec. 3, eff. Sept. 1, 1997.


Sec. 29.205. CONTRACT AUTHORITY. The board of trustees of a school district may contract under Section 11.157 for the provision of educational services to a district student eligible to receive a public education grant under Section 29.202.


Added by Acts 1997, 75th Leg., ch. 722, Sec. 4, eff. Sept. 1, 1997.


SUBCHAPTER H. COMMUNITY



EDUCATION PROGRAMS



Sec. 29.251. DEFINITIONS. In this subchapter:


(1) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 73, Sec. 2.06(a)(2), eff. September 1, 2013.


(2) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 73, Sec. 2.06(a)(2), eff. September 1, 2013.


(3) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 73, Sec. 2.06(a)(2), eff. September 1, 2013.


(4) "Community education" means the process by which the citizens in a school district, using the resources and facilities of the district, organize to support each other and to solve their mutual educational problems and meet their mutual lifelong needs. Community education may include:


(A) educational programs, including programs relating to cultural awareness, parenting skills education and parental involvement in school programs, and multilevel adult education and personal growth;


(B) community involvement programs, including programs for community economic development, school volunteers, partnerships between schools and businesses, coordination with community agencies, school-age child care, family literacy, and community use of facilities; and


(C) programs for youth enrolled in schools, including programs for dropout prevention and recovery programs, drug-free school programs, school-age parenting programs, and academic enhancement.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 2.03, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 2.06(a)(2), eff. September 1, 2013.


Sec. 29.252. AGENCY ROLE IN COMMUNITY EDUCATION. (a) The agency shall:


(1) develop, implement, and regulate a comprehensive statewide program for community education services;


(2) administer all state and federal funds for community education in this state, other than funds that another entity is specifically authorized to administer under other law; and


(3) accept and administer grants, gifts, services, and funds from available sources for use in community education.


(b) The agency may adopt rules for the administration of this subchapter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 761, Sec. 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 817, Sec. 5.03, eff. Sept. 1, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 2.04, eff. September 1, 2013.


Sec. 29.255. STATE FUNDING. Funds shall be appropriated to implement statewide community education programs, including pilot programs to demonstrate the effectiveness of the community education concept. The agency shall ensure that public local education agencies, public nonprofit agencies, and community-based organizations have direct and equitable access to those funds.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 2.05, eff. September 1, 2013.


Sec. 29.256. REIMBURSEMENT FOR COMMUNITY EDUCATION SERVICES. (a) A school district whose governing board elects to provide community education for all age groups may on application and according to rules adopted by the agency be reimbursed for those costs from state funds to the extent authorized by this section.


(b) Only a district that has in the preceding or current year achieved a level of community education services prescribed by the agency is eligible for reimbursement under this section. The agency's rules must contain specific provisions for eligibility and program operation.


(c) The cost to the state shall be paid from the foundation school fund.


(d) The legislature in the General Appropriations Act shall set a limit on the amount of funds that may be expended under this section each year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 4, eff. Sept. 1, 1997.


Sec. 29.257. COMMUNITY EDUCATION DEVELOPMENT PROJECTS. (a) The legislature may appropriate money from the foundation school fund to the agency for developing and implementing community education projects. The agency shall actively seek gifts, grants, or other donations for purposes related to community education development projects, unless the acceptance is prohibited by other law. Money received under this subsection shall be deposited in the account established under Subsection (b) and may be appropriated only for the purpose for which the money was given.


(b) The community education development account is created as a dedicated account in the foundation school fund in the state treasury. The account shall consist of community education related gifts, grants, and donations and shall be administered by the agency.


(c) Subject to legislative appropriation and except as provided by Subsection (g), a school district to which the agency awards money for a community education development project is entitled to receive money for a period of three years. After that period, a project must be funded wholly from local sources. State funding under this section may not exceed:


(1) $50,000 for the first year of a project;


(2) $35,000 for the second year of a project; or


(3) $20,000 for the third year of a project.


(d) The State Board of Education by rule shall establish procedures for distributing community education development money to school districts. The procedures must include a statewide competitive process by which the agency, in accordance with procedures adopted by board rule, evaluates applications for community education development money and awards money to the districts whose projects the agency determines have the greatest merit. A school district may seek review of an agency determination regarding the award of money only in accordance with an administrative review process adopted by board rule. A school district may not seek judicial review of an agency determination.


(e) An application for funding under this section must include:


(1) a resolution adopted by the board of trustees of the school district adopting a particular community education development project plan;


(2) in accordance with rules adopted by the State Board of Education, a description of:


(A) the objectives of the proposed project, including, if appropriate, quantitative targets for the objectives; and


(B) the particular means by which the objectives are to be achieved;


(3) the estimated funding requirements and the data or analysis used to prepare the estimate;


(4) a statement outlining the manner in which the proposed project achieves goals for community education and complies with the requirements of this section;


(5) a statement of the manner in which the project is to be funded after the third year;


(6) a provision for a survey of community education needs in the district that:


(A) incorporates the objectives of community education;


(B) is completed and analyzed by the district in the first year of the project; and


(C) adheres to statistical techniques recognized as valid by professional statisticians;


(7) a provision for the maximum efficient use of existing school facilities in the first year of the project;


(8) a provision for the establishment of an advisory committee of at least 15 members who:


(A) are selected without regard to race or sex;


(B) are selected to reflect persons from the local business community, governmental agencies, public and private nonprofit educational interests, parents, and the general public; and


(C) serve without compensation; and


(9) a designation of a district community education administrator whose primary responsibility is the implementation and supervision of the community education program.


(f) The agency shall monitor each project awarded money under this section in accordance with rules adopted by the State Board of Education. The agency shall evaluate whether the project has satisfactorily carried out the district's objectives as set out in the community education project plan. The board by rule may provide a process for amending the plan.


(g) A school district is not entitled to funding for any year of a project for which:


(1) the district did not apply for funding; or


(2) the agency suspends the funding based on the agency's determination that the district has failed to satisfactorily implement the project's objectives.


(h) The State Board of Education by rule shall provide for an administrative process for the suspension of funding under Subsection (g)(2). The rules must be consistent with Chapter 2001, Government Code.


(i) The State Board of Education may adopt rules necessary to implement and enforce this section, including rules relating to financial audits of school districts that receive money under this section. Rules adopted under this section by the State Board of Education may not permit the board or the agency to waive any provision of this section.


(j) The agency may not use more than five percent of the funds appropriated for the projects under this section for the agency's administration of this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 5, eff. Sept. 1, 1997.


Without reference to the amendment of this section, this section was transferred to Subchapter G, Chapter 12, Education Code, by Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), eff. May 31, 2021.



Sec. 29.259. ADULT HIGH SCHOOL DIPLOMA AND INDUSTRY CERTIFICATION CHARTER SCHOOL PROGRAM.


(j-1) Notwithstanding any other law, for purposes of any budget reductions requested by the Legislative Budget Board or the governor, any money received by a nonprofit entity granted a charter under this section or appropriated to the agency for purposes of operating an adult education program under this section is considered to be part of the foundation school program and is not subject to those budget reductions.


Added by Acts 2013, 83rd Leg., R.S., Ch. 478 (S.B. 1142), Sec. 1, eff. September 1, 2013.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 98 (S.B. 276), Sec. 1, eff. May 23, 2017.


Acts 2017, 85th Leg., R.S., Ch. 98 (S.B. 276), Sec. 2, eff. May 23, 2017.


Acts 2019, 86th Leg., R.S., Ch. 1060 (H.B. 1051), Sec. 3, eff. June 14, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1060 (H.B. 1051), Sec. 4, eff. June 14, 2019.


Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 1060 (H.B. 1051), Sec. 5, eff. June 14, 2019.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 22(1) and (2), eff. May 31, 2021.


Acts 2021, 87th Leg., R.S., Ch. 489 (H.B. 3456), Sec. 2, eff. June 14, 2021.


SUBCHAPTER I. PROGRAMS FOR STUDENTS WHO ARE DEAF OR HARD OF HEARING



Sec. 29.301. DEFINITIONS. In this subchapter:


(1) "Admission, review, and dismissal committee" means the committee required by State Board of Education rules to develop the individualized education program required by the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) for any student needing special education.


(2) "American Sign Language" means a complete, visual, and manual language with its own grammar and syntax.


(3) "English" includes writing, reading, speech, speech reading, cued speech, and any English-based manual-visual method of communication.


(4) "Unique communication mode" or "appropriate language mode" includes English and American Sign Language.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.302. FINDINGS. (a) The legislature finds that it is essential for the well-being and growth of students who are deaf or hard of hearing that educational programs recognize the unique nature of deafness and the hard-of-hearing condition and ensure that all students who are deaf or hard of hearing have appropriate, ongoing, and fully accessible educational opportunities. Students who are deaf or hard of hearing may choose to use a variety of language modes and languages, including oral and manual-visual language. Students who are deaf may choose to communicate through the language of the deaf community, American Sign Language, or through any of a number of English-based manual-visual languages. Students who are hard of hearing may choose to use spoken and written English, including speech reading or lip reading, together with amplification instruments, such as hearing aids, cochlear implants, or assistive listening systems, to communicate with the hearing population. Students who are deaf or hard of hearing may choose to use a combination of oral or manual-visual language systems, including cued speech, manual signed systems, and American Sign Language, or may rely exclusively on the oral-aural language of their choice. Students who are deaf or hard of hearing also may use other technologies to enhance language learning.


(b) The legislature recognizes that students who are deaf or hard of hearing should have the opportunity to develop proficiency in English, including oral or manual-visual methods of communication, and American Sign Language.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.303. UNIQUE COMMUNICATION. Students who are deaf or hard of hearing must have an education in which their unique communication mode is respected, used, and developed to an appropriate level of proficiency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.304. QUALIFICATIONS OF PERSONNEL. (a) A student who is deaf or hard of hearing must have an education in which teachers, psychologists, speech therapists, progress assessors, administrators, and others involved in education understand the unique nature of deafness and the hard-of-hearing condition. A teacher of students who are deaf or hard of hearing either must be proficient in appropriate language modes or use an interpreter certified in appropriate language modes if certification is available.


(b) Each school district shall employ or provide access to appropriate qualified staff with proficient communications skills, consistent with credentialing requirements, to fulfill the responsibilities of the school district, and shall make positive efforts to employ qualified individuals with disabilities.


(c) Regular and special personnel who work with students who are deaf or hard of hearing must be adequately prepared to provide educational instruction and services to those students.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.305. LANGUAGE MODE PEERS. If practicable and not in conflict with any admission, review, and dismissal committee recommendations, a student who is deaf or hard of hearing must have an education in the company of a sufficient number of peers using the same language mode and with whom the student can communicate directly. If practicable, the peers must be of the same or approximately the same age and ability.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.306. FAMILIAL AND ADVOCATE INVOLVEMENT. A student who is deaf or hard of hearing must have an education in which the student's parents or legal guardians and advocates for the student's parents or legal guardians are involved in determining the extent, content, and purpose of programs. Other individuals, including individuals who are deaf or hard of hearing, may be involved at the discretion of parents or legal guardians or the school district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.307. ROLE MODELS. A student who is deaf or hard of hearing shall be given the opportunity to be exposed to deaf or hard-of-hearing role models.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.308. REGIONAL PROGRAMS. Regional programs for students who are deaf or hard of hearing shall meet the unique communication needs of students who can benefit from those programs. Appropriate funding for those programs shall be consistent with federal and state law, and money appropriated to school districts for educational programs and services for students who are deaf or hard of hearing may not be allocated or used for any other program or service.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.309. COMPOSITION OF LOCAL SPECIAL EDUCATION ADVISORY COMMITTEE. If practicable, in a school district in which there are students who are deaf or hard of hearing, the local special education advisory committee required under State Board of Education rule must include persons who are deaf or hard of hearing and parents and legal guardians of students who are deaf or hard of hearing.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.310. PROCEDURES AND MATERIALS FOR ASSESSMENT AND PLACEMENT. (a) Procedures and materials for assessment and placement of students who are deaf or hard of hearing shall be selected and administered so as not to be racially, culturally, or sexually discriminatory.


(b) A single assessment instrument may not be the sole criterion for determining the placement of a student.


(c) The procedures and materials for the assessment and placement of a student who is deaf or hard of hearing shall be in the student's preferred mode of communication. All other procedures and materials used with any student who is deaf or hard of hearing and who has limited English proficiency shall be in the student's preferred mode of communication.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.311. EDUCATIONAL PROGRAMS. (a) Educational programs for students who are deaf or hard of hearing must be coordinated with other public and private agencies, including:


(1) agencies operating early childhood intervention programs;


(2) preschools;


(3) agencies operating child development programs;


(4) nonpublic, nonsectarian schools;


(5) agencies operating regional occupational centers and programs; and


(6) the Texas School for the Deaf.


(b) As appropriate, the programs must also be coordinated with postsecondary and adult programs for persons who are deaf or hard of hearing.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.312. PSYCHOLOGICAL COUNSELING SERVICES. Appropriate psychological counseling services for a student who is deaf or hard of hearing shall be made available at the student's school site in the student's primary mode of communication. In the case of a student who is hard of hearing, appropriate auditory systems to enhance oral communication shall be used if required by the student's admission, review, and dismissal committee.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.313. EVALUATION OF PROGRAMS. Each school district must provide continuous evaluation of the effectiveness of programs of the district for students who are deaf or hard of hearing. If practicable, evaluations shall follow program excellence indicators established by the agency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.314. TRANSITION INTO REGULAR CLASS. In addition to satisfying requirements of the admission, review, and dismissal committee and to satisfying requirements under state and federal law for vocational training, each school district shall develop and implement a transition plan for the transition of a student who is deaf or hard of hearing into a regular class program if the student is to be transferred from a special class or center or nonpublic, nonsectarian school into a regular class in a public school for any part of the school day. The transition plan must provide for activities:


(1) to integrate the student into the regular education program and specify the nature of each activity and the time spent on the activity each day; and


(2) to support the transition of the student from the special education program into the regular education program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF UNDERSTANDING. The Texas Education Agency and the Texas School for the Deaf shall develop, agree to, and by commissioner rule adopt no later than September 1, 1998, a memorandum of understanding to establish:


(1) the method for developing and reevaluating a set of indicators of the quality of learning at the Texas School for the Deaf;


(2) the process for the agency to conduct and report on an annual evaluation of the school's performance on the indicators;


(3) the requirements for the school's board to publish, discuss, and disseminate an annual report describing the educational performance of the school;


(4) the process for the agency to assign an accreditation status to the school, to reevaluate the status on an annual basis, and, if necessary, to conduct monitoring reviews; and


(5) the type of information the school shall be required to provide through the Public Education Information Management System (PEIMS).


Added by Acts 1997, 75th Leg., ch. 1340, Sec. 6, eff. Sept. 1, 1997.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 5, eff. June 19, 2015.


Sec. 29.316. LANGUAGE ACQUISITION. (a) In this section:


(1) "Center" means the Educational Resource Center on Deafness at the Texas School for the Deaf.


(2) "Division" means the Division for Early Childhood Intervention Services of the Health and Human Services Commission.


(3) "Language acquisition" includes expressive and receptive language acquisition and literacy development in English, American Sign Language, or both, or, if applicable, in another language primarily used by a child's parent or guardian, and is separate from any modality used to communicate in the applicable language or languages.


(b) The commissioner and the executive commissioner of the Health and Human Services Commission jointly shall ensure that the language acquisition of each child eight years of age or younger who is deaf or hard of hearing is regularly assessed using a tool or assessment determined to be valid and reliable as provided by Subsection (d).


(c) Not later than August 31 of each year, the agency, the division, and the center jointly shall prepare and post on the agency's, the division's, and the center's respective Internet websites a report on the language acquisition of children eight years of age or younger who are deaf or hard of hearing. The report must:


(1) include:


(A) existing data reported in compliance with federal law regarding children with disabilities; and


(B) information relating to the language acquisition of children who are deaf or hard of hearing and also have other disabilities;


(2) state for each child:


(A) the instructional arrangement used with the child, as described by Section 48.102, including the time the child spends in a mainstream instructional arrangement;


(B) the specific language acquisition services provided to the child, including:


(i) the time spent providing those services; and


(ii) a description of any hearing amplification used in the delivery of those services, including:


(a) the type of hearing amplification used;


(b) the period of time in which the child has had access to the hearing amplification; and


(c) the average amount of time the child uses the hearing amplification each day;


(C) the tools or assessments used to assess the child's language acquisition and the results obtained;


(D) the preferred unique communication mode used by the child at home; and


(E) the child's age, race, and gender, the age at which the child was identified as being deaf or hard of hearing, and any other relevant demographic information the commissioner determines to likely be correlated with or have an impact on the child's language acquisition;


(3) compare progress in English literacy made by children who are deaf or hard of hearing to progress in that subject made by children of the same age who are not deaf or hard of hearing, by appropriate age range; and


(4) be redacted as necessary to comply with state and federal law regarding the confidentiality of student medical or educational information.


(d) The commissioner, the executive commissioner of the Health and Human Services Commission, and the center shall enter into a memorandum of understanding regarding:


(1) the identification of experts in deaf education; and


(2) the determination, in consultation with those experts, of the tools and assessments that are valid and reliable, in both content and administration, for use in assessing the language acquisition of children eight years of age or younger who are deaf or hard of hearing.


(e) The agency shall use existing collected data and data collected and transferred from the Department of State Health Services and the Health and Human Services Commission, as agreed upon in the memorandum of understanding, for the report under this section.


(f) The commissioner and the executive commissioner of the Health and Human Services Commission jointly shall adopt rules as necessary to implement this section, including rules for:


(1) assigning each child eight years of age or younger who is deaf or hard of hearing a unique identification number for purposes of the report required under Subsection (c) and to enable the tracking of the child's language acquisition, and factors affecting the child's language acquisition, over time; and


(2) implementing this section in a manner that complies with federal law regarding confidentiality of student medical or educational information, including the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law relating to the privacy of student information.


Added by Acts 2019, 86th Leg., R.S., Ch. 1036 (H.B. 548), Sec. 1(c), eff. September 1, 2019.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.009, eff. September 1, 2021.


SUBCHAPTER K. PUBLIC JUNIOR COLLEGE AND SCHOOL DISTRICT PARTNERSHIP PROGRAM TO PROVIDE DROPOUT RECOVERY



Sec. 29.402. PARTNERSHIP. (a) A public junior college may enter into an articulation agreement to partner with one or more school districts located in the public junior college district to provide on the campus of the public junior college a dropout recovery program for students described by Subsection (b) to successfully complete and receive a diploma from a high school of the appropriate partnering school district.


(a-1) A public junior college with a service area located wholly or partly in a county with a population of more than three million may enter into an articulation agreement described by Subsection (a) with any school district located wholly or partly in a county with a population of more than three million.


(b) A person who is under 26 years of age is eligible to enroll in a dropout recovery program under this subchapter if the person:


(1) must complete not more than three course credits to complete the curriculum requirements for the foundation high school program for high school graduation; or


(2) has failed to perform satisfactorily on an end-of-course assessment instrument administered under Section 39.023(c) or an assessment instrument administered under Section 39.023(c) as that section existed before amendment by Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007.


(c) A public junior college under this section shall:


(1) design a dropout recovery curriculum that includes career and technology education courses that lead to industry or career certification;


(2) integrate into the dropout recovery curriculum research-based strategies to assist students in becoming able academically to pursue postsecondary education, including:


(A) high quality, college readiness instruction with strong academic and social supports;


(B) secondary to postsecondary bridging that builds college readiness skills, provides a plan for college completion, and ensures transition counseling; and


(C) information concerning appropriate supports available in the first year of postsecondary enrollment to ensure postsecondary persistence and success, to the extent funds are available for the purpose;


(3) offer advanced academic and transition opportunities, including dual credit courses and college preparatory courses, such as advanced placement courses; and


(4) coordinate with each partnering school district to provide in the articulation agreement that the district retains accountability for student attendance, student completion of high school course requirements, and student performance on assessment instruments as necessary for the student to receive a diploma from a high school of the partnering school district.


(c-1) A public junior college under this section may partner with a public technical institute, as defined by Section 61.003, to provide, as part of the dropout recovery program curriculum, career and technology education courses that lead to industry or career certification.


(d) A dropout recovery program provided under this subchapter must comply with the requirements of Sections 29.081(e) and (f).


Added by Acts 2011, 82nd Leg., R.S., Ch. 643 (S.B. 975), Sec. 1, eff. June 17, 2011.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 1, eff. June 17, 2011.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 155 (S.B. 860), Sec. 1, eff. May 24, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 24(a), eff. June 10, 2013.


Acts 2015, 84th Leg., R.S., Ch. 1177 (S.B. 1004), Sec. 1, eff. June 19, 2015.


Sec. 29.403. FINANCING. (a) A public junior college district may receive from each partnering school district for each student from that district enrolled in a dropout recovery program under this subchapter an amount negotiated between the junior college district and that partnering district not to exceed the total average per student funding amount in that district during the preceding school year for maintenance and operations, including state and local funding, but excluding money from the available school fund.


(b) A student who is enrolled in a program under this subchapter is included in determining the average daily attendance under Section 48.005 of the partnering school district.


(c) A public technical institute may receive from a partnering public junior college for each student enrolled in a career and technology education course as provided by Section 29.402(c-1) an amount negotiated between the public technical institute and the partnering public junior college.


Added by Acts 2011, 82nd Leg., R.S., Ch. 643 (S.B. 975), Sec. 1, eff. June 17, 2011.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 1, eff. June 17, 2011.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 155 (S.B. 860), Sec. 2, eff. May 24, 2013.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.036, eff. September 1, 2019.


Sec. 29.404. OTHER FUNDING. (a) To the extent consistent with the General Appropriations Act, a public junior college under this subchapter is eligible to receive dropout prevention and intervention program funds appropriated to the agency.


(b) A public junior college under this subchapter may receive gifts, grants, and donations to use for the purposes of this subchapter.


Added by Acts 2011, 82nd Leg., R.S., Ch. 643 (S.B. 975), Sec. 1, eff. June 17, 2011.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 1, eff. June 17, 2011.


SUBCHAPTER L. SCHOOL DISTRICT PROGRAM FOR RESIDENTS OF FORENSIC STATE SUPPORTED LIVING CENTER



Sec. 29.451. DEFINITIONS. In this subchapter, "alleged offender resident," "interdisciplinary team," and "state supported living center" have the meanings assigned by Section 555.001, Health and Safety Code.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Sec. 29.452. APPLICABILITY. This subchapter applies only to an alleged offender resident of a forensic state supported living center designated under Section 555.002, Health and Safety Code.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 207 (S.B. 1300), Sec. 3, eff. September 1, 2017.


Sec. 29.453. SCHOOL DISTRICT SERVICES. (a) A school district shall provide educational services, including services required under Subchapter A, to each alleged offender resident who is under 22 years of age and otherwise eligible under Section 25.001 to attend school in the district. The district shall provide educational services to each alleged offender resident who is 21 years of age on September 1 of the school year and otherwise eligible to attend school in the district until the earlier of:


(1) the end of that school year; or


(2) the student's graduation from high school.


(b) The educational placement of an alleged offender resident and the educational services to be provided by a school district to the resident shall be determined by the resident's admission, review, and dismissal committee consistent with federal law and regulations regarding the placement of students with disabilities in the least restrictive environment. The resident's admission, review, and dismissal committee shall:


(1) inform the resident's interdisciplinary team of a determination the committee makes in accordance with this subsection; and


(2) consult, to the extent practicable, with the resident's interdisciplinary team concerning such a determination.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Sec. 29.454. BEHAVIOR MANAGEMENT; BEHAVIOR SUPPORT SPECIALISTS. (a) The discipline of an alleged offender resident by a school district is subject to Sections 37.0021 and 37.004 and to federal law governing the discipline of students with disabilities.


(b) A school district in which alleged offender residents are enrolled shall employ one or more behavior support specialists to serve the residents while at school. A behavior support specialist must:


(1) hold a baccalaureate degree;


(2) have training in providing to students positive behavioral support and intervention, as determined by the commissioner of education; and


(3) meet any other requirement jointly determined by the commissioner of education and the commissioner of the Department of Aging and Disability Services.


(c) A behavior support specialist shall conduct for each alleged offender resident enrolled in the school district a functional behavioral assessment that includes:


(1) data collection, through interviews with and observation of the resident;


(2) data analysis; and


(3) development of an individualized school behavioral intervention plan for the resident.


(d) Each behavior support specialist shall:


(1) ensure that each alleged offender resident enrolled in the school district is provided behavior management services under a school behavioral intervention plan based on the resident's functional behavioral assessment, as described by Subsection (c);


(2) communicate and coordinate with the resident's interdisciplinary team to ensure that behavioral intervention actions of the district and of the forensic state supported living center do not conflict;


(3) in the case of a resident who regresses:


(A) ensure that necessary corrective action is taken in the resident's individualized education program or school behavioral intervention plan, as appropriate; and


(B) communicate with the resident's interdisciplinary team concerning the regression and encourage the team to aggressively address the regression;


(4) participate in the resident's admission, review, and dismissal committee meetings in conjunction with:


(A) developing and implementing the resident's school behavioral intervention plan; and


(B) determining the appropriate educational placement for each resident, considering all available academic and behavioral information;


(5) coordinate each resident's school behavioral intervention plan with the resident's program of active treatment provided by the forensic state supported living center to ensure consistency of approach and response to the resident's identified behaviors;


(6) provide training for school district staff and, as appropriate, state supported living center staff in implementing behavioral intervention plans for each resident; and


(7) remain involved with the resident during the school day.


(e) Section 22.0511 applies to a behavior support specialist employed under this section by a school district.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Sec. 29.455. MEMORANDUM OF UNDERSTANDING. (a) A school district in which alleged offender residents are enrolled in school and the forensic state supported living center shall enter into a memorandum of understanding to:


(1) establish the duties and responsibilities of the behavior support specialist to ensure the safety of all students and teachers while educational services are provided to a resident at a school in the district; and


(2) ensure the provision of appropriate facilities for providing educational services and of necessary technological equipment if a resident's admission, review, and dismissal committee determines that the resident must receive educational services at the forensic state supported living center.


(b) A memorandum of understanding under Subsection (a) remains in effect until superseded by a subsequent memorandum of understanding between the school district and the forensic state supported living center or until otherwise rescinded.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Sec. 29.456. FAILURE OF SCHOOL DISTRICT AND CENTER TO AGREE. (a) If a school district in which alleged offender residents are enrolled in school and the forensic state supported living center fail to agree on the services required for residents or responsibility for those services, the district or center may refer the issue in disagreement to the commissioner of education and the commissioner of the Department of Aging and Disability Services.


(b) If the commissioner of education and the executive commissioner of the Health and Human Services Commission are unable to bring the school district and forensic state supported living center to agreement, the commissioners shall jointly submit a written request to the attorney general to appoint a neutral third party knowledgeable in special education and intellectual and developmental disability issues to resolve each issue on which the district and the center disagree. The decision of the neutral third party is final and may not be appealed. The district and the center shall implement the decision of the neutral third party. The commissioner of education or the executive commissioner of the Health and Human Services Commission shall ensure that the district and the center implement the decision of the neutral third party.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 4, eff. September 1, 2019.


Sec. 29.457. FUNDING. (a) In addition to other funding to which a school district is entitled under this code, each district in which alleged offender residents attend school is entitled to an annual allotment of $5,100 for each resident in average daily attendance or a different amount for any year provided by appropriation.


(b) Not later than December 1 of each year, a school district that receives an allotment under this section shall submit a report accounting for the expenditure of funds received under this section to the governor, the lieutenant governor, the speaker of the house of representatives, the chairs of the standing committees of the senate and house of representatives with primary jurisdiction regarding persons with intellectual and developmental disabilities and public education, and each member of the legislature whose district contains any portion of the territory included in the school.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 5, eff. September 1, 2019.


Sec. 29.458. RULES. The commissioner may adopt rules as necessary to administer this subchapter.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


SUBCHAPTER N. PATHWAYS IN TECHNOLOGY EARLY COLLEGE HIGH SCHOOL (P-TECH) PROGRAM



Sec. 29.551. DEFINITIONS. In this subchapter:


(1) "Advisory council" means the P-TECH advisory council.


(2) "Articulation agreement" means a written commitment between school districts or open-enrollment charter schools and institutions of higher education to a program designed to provide students with a nonduplicative sequence of progressive achievement leading to degrees or certificates in a work-based education program.


(3) "Institution of higher education" has the meaning assigned by Section 61.003.


(4) "P-TECH program" means the Pathways in Technology Early College High School program established under this subchapter.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


Sec. 29.552. P-TECH ADVISORY COUNCIL. (a) The advisory council is composed of:


(1) three members representing school districts and open-enrollment charter schools appointed as follows:


(A) one member appointed by the governor;


(B) one member appointed by the lieutenant governor; and


(C) one member appointed by the speaker of the house of representatives;


(2) three members representing institutions of higher education appointed as follows:


(A) one member appointed by the governor;


(B) one member appointed by the lieutenant governor; and


(C) one member appointed by the speaker of the house of representatives; and


(3) six members representing industry or business partners that participate or seek to participate in the P-TECH program appointed as follows:


(A) two members appointed by the governor;


(B) two members appointed by the lieutenant governor; and


(C) two members appointed by the speaker of the house of representatives.


(b) A member of the advisory council serves at the will of the member's appointing authority.


(c) The advisory council shall provide recommendations to the commissioner regarding:


(1) the establishment and administration of the P-TECH program; and


(2) the criteria for a campus's designation as a P-TECH school under Section 29.556.


(d) A member of the advisory council may not receive compensation for service on the advisory council but, subject to the availability of funding, may receive reimbursement for actual and necessary expenses, including travel expenses, incurred in performing advisory council duties. The advisory council may solicit and accept gifts, grants, and donations to pay for those expenses.


(e) Chapter 2110, Government Code, does not apply to the advisory council.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


Sec. 29.553. P-TECH PROGRAM. (a) The commissioner shall establish and administer a Pathways in Technology Early College High School (P-TECH) program for students who wish to participate in a work-based education program.


(b) The P-TECH program must:


(1) be open enrollment;


(2) provide for a course of study that enables a participating student in grade levels 9 through 12 to combine high school courses and postsecondary courses;


(3) allow a participating student to complete high school and, on or before the sixth anniversary of the date of the student's first day of high school:


(A) receive a high school diploma and an associate degree, a two-year postsecondary certificate, or industry certification; and


(B) complete work-based training through an internship, apprenticeship, or other job training program;


(4) include:


(A) articulation agreements with institutions of higher education in this state to provide a participating student access to postsecondary educational and training opportunities at an institution of higher education; and


(B) memoranda of understanding with regional industry or business partners in this state to provide a participating student access to work-based training and education; and


(5) provide a participating student flexibility in class scheduling and academic mentoring.


(c) Each articulation agreement under Subsection (b)(4)(A) must address:


(1) curriculum alignment;


(2) instructional materials;


(3) the instructional calendar;


(4) courses of study;


(5) student enrollment and attendance;


(6) grading periods and policies; and


(7) administration of statewide assessment instruments under Subchapter B, Chapter 39.


(d) Each memorandum of understanding under Subsection (b)(4)(B) must include an agreement that the regional industry or business partner will give to a student who receives work-based training or education from the partner under the P-TECH program first priority in interviewing for any jobs for which the student is qualified that are available on the student's completion of the program.


(e) A student participating in the P-TECH program is entitled to the benefits of the Foundation School Program in proportion to the amount of time spent by the student on high school courses, in accordance with rules adopted by the commissioner, while completing the course of study established by the applicable articulation agreement or memorandum of understanding under Subsection (b)(4).


(f) The P-TECH program must be provided at no cost to participating students.


(g) The commissioner may accept gifts, grants, and donations from any source, including private and nonprofit organizations, for the P-TECH program. A private or nonprofit organization that contributes to the program may receive an award under Section 7.113.


(h) The commissioner shall collaborate with the Texas Workforce Commission and the Texas Higher Education Coordinating Board to develop and implement a plan for the P-TECH program that addresses:


(1) regional workforce needs;


(2) credit transfer policies between institutions of higher education; and


(3) internships, apprenticeships, and other work-based education programs.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


Sec. 29.554. ACCIDENT MEDICAL EXPENSE, LIABILITY, AND AUTOMOBILE INSURANCE COVERAGE. (a) The board of trustees of a school district or the governing body of an open-enrollment charter school may obtain accident medical expense, liability, or automobile insurance coverage to protect:


(1) a business or entity that partners with the district or school under Section 29.553 to provide students with work-based training and education under the P-TECH program; and


(2) a student enrolled in the district or at the school who participates in the district's or school's P-TECH program.


(b) The coverage authorized by this section must be:


(1) obtained from a reliable insurer authorized to engage in business in this state; or


(2) provided through a self-funded risk pool of which the school district or open-enrollment charter school is a member.


(c) The amount of coverage the school district or open-enrollment charter school obtains must be reasonable considering the financial condition of the district or school and may not exceed the amount that, in the opinion of the board of trustees or governing body, is reasonably necessary.


(d) If the board of trustees of a school district or governing body of an open-enrollment charter school obtains accident medical expense, liability, or automobile insurance coverage under this section, the district or school shall notify the parent or guardian of each student participating in the P-TECH program.


(e) The failure of any board of trustees of a school district or governing body of an open-enrollment charter school to obtain coverage, or any specific amount of coverage, authorized by this section may not be construed as placing any legal liability on the district or school or the district's or school's officers, agents, or employees for any injury that results.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


Sec. 29.556. P-TECH SCHOOL DESIGNATION AND GRANT PROGRAM. (a) A school district or open-enrollment charter school that implements or seeks to implement the P-TECH program at a campus may apply to the commissioner for designation of the campus as a P-TECH school in accordance with procedures established by the commissioner.


(b) From funds appropriated for that purpose, the commissioner by rule shall establish a grant program to assist school districts and open-enrollment charter schools in implementing the P-TECH program at a campus designated as a P-TECH school under Subsection (a). The commissioner may use not more than three percent of the funds appropriated for the grant program to cover the cost of administering the grant program and to provide technical assistance and support to P-TECH schools.


(c) The commissioner shall establish the criteria for a campus's designation as a P-TECH school and for participation in the grant program under this section. The criteria must require a school district or open-enrollment charter school to:


(1) enter into an articulation agreement under Section 29.553 only with institutions of higher education that are accredited by a national or regional accrediting agency recognized by the Texas Higher Education Coordinating Board;


(2) review and, as necessary, update each memorandum of understanding with a regional industry or business partner under Section 29.553 at least once every two years; and


(3) explain how the district's or school's P-TECH program will address regional workforce needs.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


Sec. 29.557. RULES. (a) The commissioner shall adopt rules as necessary to administer the P-TECH program, including rules to ensure a student participating in the program is not considered for accountability purposes to have dropped out of high school or failed to complete the curriculum requirements for high school graduation until after the sixth anniversary of the date of the student's first day in high school. The rules may provide for giving preference in receiving program benefits to a student who is in the first generation of the student's family to attend college and may establish other distinctions or criteria based on student need.


(b) The commissioner shall consult the Texas Higher Education Coordinating Board in administering the program. The Texas Higher Education Coordinating Board may adopt rules as necessary to exercise its powers and duties under this subchapter.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


SUBCHAPTER Z. MISCELLANEOUS PROGRAMS



Sec. 29.901. MILITARY INSTRUCTION. (a) In each school district in which military instruction is conducted under a state or federal law requiring the district to give bond or otherwise indemnify this state or the United States or any authorized agency of either in an amount and on conditions determined by any agency under that law for the care, safekeeping, and return of property furnished, the board of trustees may:


(1) make contracts with the proper governmental agency with respect to the teaching of courses in military training; and


(2) execute, as principal or surety, a bond to secure the contracts to procure arms, ammunition, animals, uniforms, equipment, supplies, means of transportation, or other needed property.


(b) In a district in which military instruction is given as provided by Subsection (a), available school funds may be spent to:


(1) procure from any guaranty or surety company any bond authorized by Subsection (a), in the amount and on the conditions required by the governmental agency; or


(2) reimburse this state or the United States for any loss pursuant to the terms of any contract entered into.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.9015. ARMED SERVICES VOCATIONAL APTITUDE BATTERY TEST. (a) Except as provided by Subsection (d) or (e), each school year each school district and open-enrollment charter school shall provide students in grades 10 through 12 an opportunity to take the Armed Services Vocational Aptitude Battery test and consult with a military recruiter.


(b) The test under Subsection (a) must be scheduled:


(1) during normal school hours; and


(2) to optimize student participation, at a time that limits conflicts with extracurricular activities.


(c) Each school district and open-enrollment charter school shall provide each student in grades 10 through 12 and the student's parent or person standing in parental relation to the student a notice of the date, time, and location of the scheduled administration of the Armed Services Vocational Aptitude Battery test.


(d) A school district or open-enrollment charter school may elect not to provide the Armed Services Vocational Aptitude Battery test only if the district or school provides an alternative test that:


(1) assesses a student's aptitude for success in a career field other than a career field that requires postsecondary education;


(2) is free to administer;


(3) requires minimal training and support of district or school faculty and staff to administer the test; and


(4) provides the student with a professional interpretation of the test results that allows the student to:


(A) explore occupations that are consistent with the student's interests and skills; and


(B) develop strategies to attain the student's career goals.


(e) This subsection applies only to a school district, open-enrollment charter school, or high school that, before September 1, 2017, entered into a contract under which a vocational aptitude test that does not comply with the requirements for an alternative test under Subsection (d) is provided to students in grades 10 through 12. A school district, open-enrollment charter school, or high school subject to this subsection may elect not to provide the Armed Services Vocational Aptitude Battery test for the term of the contract. On the expiration of the contract term, the exemption provided by this subsection is not applicable.


(f) Not later than August 1 of each year, the agency shall publish a list of school districts and open-enrollment charter schools that elected under Subsection (d) or (e) not to provide the Armed Services Vocational Aptitude Battery test during the previous school year.


Added by Acts 2017, 85th Leg., R.S., Ch. 949 (S.B. 1843), Sec. 1, eff. June 15, 2017.


Sec. 29.902. DRIVER EDUCATION. (a) The Texas Department of Licensing and Regulation shall develop a program of organized instruction in driver education and traffic safety for public school students. A student who will be 15 years of age or older before a driver education and traffic safety course ends may enroll in the course.


(b) The agency shall establish standards for the certification of professional and paraprofessional personnel who conduct the programs in the public schools.


(c) A school district shall consider offering a driver education and traffic safety course during each school year. If the district offers the course, the district may:


(1) conduct the course and charge a fee for the course in the amount determined by the agency to be comparable to the fee charged by a driver education provider that holds a license under Chapter 1001; or


(2) contract with a driver education provider that holds a license under Chapter 1001 to conduct the course.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 12.02, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1253 (H.B. 339), Sec. 2, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 1, eff. September 1, 2015.


Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.61, eff. September 1, 2021.


Sec. 29.9021. WATER SAFETY EDUCATION. The agency by rule shall incorporate a curriculum module on recreational water safety into driver education instruction using the video on recreational water safety produced under Section 12.012, Parks and Wildlife Code, when the agency is notified that the video is available.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1275 (H.B. 673), Sec. 2, eff. June 17, 2011.


Sec. 29.903. CARDIOPULMONARY RESUSCITATION (CPR) INSTRUCTION; DONATIONS TO SCHOOL DISTRICTS FOR USE IN CPR INSTRUCTION. (a) A school district may accept from the agency donations the agency receives under Section 7.026 for use in providing instruction to students in the principles and techniques of CPR. A district may accept other donations, including donations of equipment, for use in providing the instruction.


(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1371, Sec. 8, eff. June 15, 2007.


(c) A district may use resources other than those made available under Section 7.026 or this section to provide instruction to students in the principles and techniques of CPR.


(d) The commissioner may adopt rules as necessary to implement this section.


Added by Acts 2001, 77th Leg., ch. 814, Sec. 2, eff. June 14, 2001. Amended by Acts 2003, 78th Leg., ch. 1275, Sec. 3(6), eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1371 (S.B. 7), Sec. 5, eff. June 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1371 (S.B. 7), Sec. 8, eff. June 15, 2007.


Sec. 29.905. COMMUNITY EDUCATION RELATING TO HATE CRIME LAW. (a) The attorney general, in cooperation with the agency, shall develop a program that provides instruction about state laws on hate crimes:


(1) at appropriate grade levels, to students; and


(2) to the community at large.


(b) The agency shall make the program available to a school on the request of the board of trustees or the school district of which the school is a part, or if the school is an open-enrollment charter school, on the request of the governing body of the school.


Added by Acts 2001, 77th Leg., ch. 85, Sec. 6.01, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 29.903 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(17), eff. Sept. 1, 2003.


Sec. 29.906. CHARACTER TRAITS AND PERSONAL SKILLS INSTRUCTION. (a) The State Board of Education shall integrate positive character traits and personal skills into the essential knowledge and skills adopted for kindergarten through grade 12, as appropriate.


(b) The State Board of Education must include the following positive character traits and personal skills:


(1) courage;


(2) trustworthiness, including honesty, reliability, punctuality, and loyalty;


(3) integrity;


(4) respect and courtesy;


(5) responsibility, including accountability, diligence, perseverance, self-management skills, and self-control;


(6) fairness, including justice and freedom from prejudice;


(7) caring, including kindness, empathy, compassion, consideration, patience, generosity, charity, and interpersonal skills;


(8) good citizenship, including patriotism, concern for the common good and the community, responsible decision-making skills, and respect for authority and the law;


(9) school pride; and


(10) gratitude.


(c) Each school district and open-enrollment charter school must adopt a character education program that includes the positive character traits and personal skills listed in Subsection (b). In developing or selecting a character education program under this section, a school district shall consult with a committee selected by the district that consists of:


(1) parents of district students;


(2) educators; and


(3) other members of the community, including community leaders.


(d) This section does not require or authorize proselytizing or indoctrinating concerning any specific religious or political belief.


(e) The agency shall:


(1) maintain a list of character education programs that school districts have implemented that meet the criteria under Subsection (b);


(2) based on data reported by districts, annually designate as a Character Plus School each school that provides a character education program that:


(A) meets the criteria prescribed by Subsection (b); and


(B) is approved by the committee selected under Subsection (c); and


(3) include in the report required under Section 39.332:


(A) based on data reported by districts, the impact of character education programs on student discipline and academic achievement; and


(B) other reported data relating to character education programs the agency considers appropriate for inclusion.


(f) The agency may accept money from federal government and private sources to use in assisting school districts in implementing character education programs that meet the criteria prescribed by Subsection (b).


(g) The State Board of Education may adopt rules as necessary to implement this section.


Added by Acts 2001, 77th Leg., ch. 478, Sec. 1, eff. June 11, 2001. Renumbered from Education Code Sec. 29.903 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(18), eff. Sept. 1, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 44, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 1057 (H.B. 1026), Sec. 2, eff. June 14, 2019.


Acts 2021, 87th Leg., R.S., Ch. 537 (S.B. 123), Sec. 1, eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 537 (S.B. 123), Sec. 2, eff. September 1, 2021.


Sec. 29.907. CELEBRATE FREEDOM WEEK. (a) To educate students about the sacrifices made for freedom in the founding of this country and the values on which this country was founded, the week in which September 17 falls is designated as Celebrate Freedom Week in public schools. For purposes of this subsection, Sunday is considered the first day of the week.


(b) The agency, in cooperation with other state agencies who voluntarily participate, may promote Celebrate Freedom Week through a coordinated program. Nothing in this subsection shall give any other state agency the authority to develop a program that provides instruction unless funds are specifically appropriated to that agency for that purpose.


Added by Acts 2001, 77th Leg., ch. 451, Sec. 1, eff. June 7, 2001. Renumbered from Education Code Sec. 29.903 and amended by Acts 2003, 78th Leg., ch. 594, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 6.0031, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 40 (H.B. 708), Sec. 1, eff. May 8, 2007.


Sec. 29.9071. TEXAS MILITARY HEROES DAY. (a) To educate students about the sacrifices made by brave Texans who have served in the armed forces of the United States, the governor shall designate a day to be known as Texas Military Heroes Day in public schools.


(b) Texas Military Heroes Day shall include appropriate instruction, as determined by each school district. Instruction may include:


(1) information about persons who have served in the armed forces of the United States and are from the community or the geographic area in which the district is located; and


(2) participation, in person or using technology, in age-appropriate learning projects at battlefields and gravesites associated with a person who has served in the armed forces.


(c) The agency may collaborate with other state agencies to promote Texas Military Heroes Day.


Added by Acts 2017, 85th Leg., R.S., Ch. 759 (S.B. 1901), Sec. 1, eff. June 12, 2017.


Sec. 29.9072. HOLOCAUST REMEMBRANCE WEEK. (a) In this section, "Holocaust" has the meaning assigned by Section 449.001, Government Code.


(b) To educate students about the Holocaust and inspire in students a sense of responsibility to recognize and uphold human value and to prevent future atrocities, the governor shall designate a week to be known as Holocaust Remembrance Week in public schools.


(c) Holocaust Remembrance Week shall include age-appropriate instruction, as determined by each school district. Instruction shall include:


(1) information about the history of and lessons learned from the Holocaust;


(2) participation, in person or using technology, in learning projects about the Holocaust; and


(3) the use of materials developed or approved by the Texas Holocaust, Genocide, and Antisemitism Advisory Commission.


Added by Acts 2019, 86th Leg., R.S., Ch. 654 (S.B. 1828), Sec. 1, eff. June 10, 2019.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 897 (H.B. 3257), Sec. 2, eff. September 1, 2021.


Sec. 29.908. EARLY COLLEGE EDUCATION PROGRAM. (a) The commissioner shall establish and administer an early college education program for students who are at risk of dropping out of school or who wish to accelerate completion of the high school program. For purposes of this subsection, "student at risk of dropping out of school" has the meaning assigned by Section 29.081.


(b) The program must:


(1) provide for a course of study that enables a participating student to combine high school courses and college-level courses during grade levels 9 through 12;


(2) allow a participating student to complete high school and, on or before the fifth anniversary of the date of the student's first day of high school, receive a high school diploma and either:


(A) an associate degree; or


(B) at least 60 semester credit hours toward a baccalaureate degree;


(3) include articulation agreements with colleges, universities, and technical schools in this state to provide a participating student access to postsecondary educational and training opportunities at a college, university, or technical school; and


(4) provide a participating student flexibility in class scheduling and academic mentoring.


(b-1) Each articulation agreement under Subsection (b)(3) must address:


(1) curriculum alignment;


(2) instructional materials;


(3) the instructional calendar;


(4) courses of study;


(5) eligibility of students for higher education financial assistance;


(6) student enrollment and attendance;


(7) grading periods and policies; and


(8) administration of statewide assessment instruments under Subchapter B, Chapter 39.


(b-2) The P-16 Council established under Section 61.076 shall provide guidance in case of any conflict that arises between parties to an articulation agreement under Subsection (b)(3).


(c) A student participating in the program is entitled to the benefits of the Foundation School Program in proportion to the amount of time spent by the student on high school courses, in accordance with rules adopted by the commissioner, while completing the course of study established by the applicable articulation agreement under Subsection (b)(3).


(d) The commissioner may accept gifts, grants, and donations from any source, including private and nonprofit organizations. Private and nonprofit organizations that contribute to the fund shall receive an award under Section 7.113.


(e) The commissioner shall collaborate with the Texas Workforce Commission and the Texas Higher Education Coordinating Board to develop and implement a strategic plan to enhance private industry participation under this section. The plan must include:


(1) strategies to increase private industry participation; and


(2) incentives for businesses and nonprofit organizations that choose to make donations and work with high schools that participate in a program under this section to maximize job placement opportunities for program graduates.


(f) Not later than December 1, 2014, the commissioner shall provide a report that summarizes the strategic plan developed under Subsection (e) to the lieutenant governor, the speaker of the house of representatives, the governor, the Texas Workforce Commission, and the Texas Higher Education Coordinating Board. The Texas Education Agency, the Texas Workforce Commission, and the Texas Higher Education Coordinating Board shall each make the report available on the respective agency's Internet website.


(g) The commissioner may adopt rules as necessary to administer the program. The rules may provide for giving preference in receiving program benefits to a student who is in the first generation of the student's family to attend college and may establish other distinctions or criteria based on student need. The commissioner shall consult the Texas Higher Education Coordinating Board in administering the program. The Texas Higher Education Coordinating Board may adopt rules as necessary to exercise its powers and duties under this section. The P-16 Council may make recommendations, including recommendations for rules, concerning administration of the program.


Added by Acts 2003, 78th Leg., ch. 1201, Sec. 2, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 879 (S.B. 1146), Sec. 1, eff. June 17, 2005.


Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 4.006, eff. September 1, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 1220 (S.B. 1557), Sec. 1, eff. September 1, 2013.


Sec. 29.909. DISTANCE LEARNING COURSES. (a) A school district or open-enrollment charter school that provides a course through distance learning and seeks to inform other districts or schools of the availability of the course may submit information to the agency regarding the course, including the number of positions available for student enrollment in the course. The district or school may submit updated information at the beginning of each semester.


(b) The agency shall make information submitted under this section available on the agency's Internet website.


(c) The commissioner may adopt rules necessary to implement this section, including rules governing student enrollment. The commissioner may not adopt rules governing course pricing, and the price for a course shall be determined by the school districts or open-enrollment charter schools involved.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1386 (H.B. 1926), Sec. 2, eff. June 14, 2013.


For expiration of this section, see Subsection (s).



Sec. 29.9091. LOCAL REMOTE LEARNING PROGRAM. (a) A school district or open-enrollment charter school assigned an overall performance rating of C or higher under Section 39.054 for the preceding school year or the most recent school year in which a performance rating was assigned may operate a local remote learning program to offer virtual courses outside the state virtual school network under Chapter 30A to eligible students.


(b) A school district or open-enrollment charter school that operates a full-time local remote learning program must:


(1) include in the program:


(A) at least one grade level in which an assessment instrument is required to be administered under Section 39.023(a), including each subject for which an assessment instrument is required; or


(B) a complete high school program, including each course for which an end-of-course assessment instrument is required to be administered under Section 39.023(c); and


(2) offer the option for a student's parent or person standing in parental relation to select in-person instruction for the student.


(c) A virtual course offered under a local remote learning program:


(1) may be provided through synchronous instruction, asynchronous instruction, or a combination of synchronous and asynchronous instruction; and


(2) may be provided in combination with in-person instruction as appropriate to meet the needs of individual students.


(d) A student is eligible to enroll in a virtual course offered under a local remote learning program if the student:


(1) is enrolled in a school district or open-enrollment charter school;


(2) has reasonable access to in-person services for the course at a district or school facility; and


(3) meets any additional criteria, including minimum academic standards, established by the school district or open-enrollment charter school in which the student is enrolled.


(e) A school district or open-enrollment charter school that operates a local remote learning program:


(1) shall periodically assess the performance of students enrolled in virtual courses under the program;


(2) subject to Subsection (f), may remove a student from virtual courses under the program and return the student to in-person instruction if the district or school determines that the student does not meet the criteria described by Subsection (d); and


(3) may not count a student for purposes of calculating the district's or school's average daily attendance if the student has 10 or more unexcused absences in the program in a six-month period.


(f) A school district or open-enrollment charter school may remove a student from virtual courses under Subsection (e)(2) only if the district or school establishes a process to ensure that each student and the student's parent or person standing in parental relation have sufficient notice and opportunity to provide input before the student is removed from those courses.


(g) A school district or open-enrollment charter school may contract with another school district or open-enrollment charter school to allow a student enrolled in the sending district or school to enroll in virtual courses offered under the local remote learning program of the receiving district or school. A student enrolled in virtual courses under an agreement described by this subsection is considered enrolled in the sending district or school for purposes of average daily attendance and accountability under Chapters 39 and 39A.


(h) An assessment instrument administered under Section 39.023 or 39.025 to a student enrolled in a virtual course offered under a local remote learning program shall be administered to the student in the same manner in which the assessment instrument is administered to other school district or open-enrollment charter school students.


(i) If a school district or open-enrollment charter school offers virtual courses under a local remote learning program for students receiving special education services, the courses must meet the needs of a participating student in a manner consistent with Subchapter A of this chapter and with federal law, including the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) and Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).


(j) A teacher may not provide instruction for a virtual course offered under a full-time local remote learning program unless the teacher has completed a professional development course on virtual instruction.


(k) A district or school may not directly or indirectly coerce any teacher to agree to an assignment to teach a full-time local remote learning program.


(l) A school district or open-enrollment charter school may not require a teacher to provide both virtual instruction and in-person instruction for a course during the same class period. The commissioner may waive the requirements of this subsection for courses included in the enrichment curriculum under Section 28.002.


(m) A student enrolled in a virtual course offered under a local remote learning program may participate in an extracurricular activity sponsored or sanctioned by the school district or open-enrollment charter school in which the student is enrolled or by the University Interscholastic League in the same manner as other district or school students.


(n) Except as otherwise provided under Subsection (e)(3), a student enrolled in a virtual course offered under a local remote learning program shall be counted toward the school district's or open-enrollment charter school's average daily attendance in the same manner as other district or school students. The commissioner shall adopt rules providing for a method of taking attendance, once each school day, for students enrolled in a virtual course offered under a local remote learning program.


(o) Chapter 30A does not apply to a virtual course offered under a local remote learning program.


(p) This section does not prohibit a student enrolled in a school district or open-enrollment charter school that operates a local remote learning program from enrolling in courses offered through the state virtual school network under Chapter 30A.


(q) A school district or open-enrollment charter school that operates a local remote learning program may not enroll in the program a number of students that exceeds 10 percent of the total number of students enrolled in the district or school during the 2021-2022 school year. The commissioner may waive this subsection:


(1) on application by a school district or open-enrollment charter school; or


(2) in response to a public health emergency.


(r) In calculating under Subsection (q) the number of students that may be enrolled in a local remote learning program, a school district or open-enrollment charter school shall count students who spend at least half of the student's instructional time during the 2021-2022 school year or 2022-2023 school year, as applicable, enrolled in virtual courses or receiving remote instruction, other than by enrollment in electronic courses offered through the state virtual school network under Chapter 30A, including students enrolled in virtual courses or who received remote instruction during the 2021-2022 school year or 2022-2023 school year, as applicable, because the student was:


(1) medically fragile;


(2) placed in a virtual setting by an admission, review, and dismissal committee; or


(3) receiving accommodations under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).


(s) This section expires September 1, 2023.


Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 5 (S.B. 15), Sec. 3, eff. September 9, 2021.


Sec. 29.910. PROGRAMS OF MUTUAL BENEFIT. (a) The commissioner, in coordination with appropriate representatives of institutions of higher education and school districts, shall develop:


(1) a diagnostic and assistance program for each subject assessed by an assessment instrument under Section 39.023(c); and


(2) other academic programs of mutual benefit to school districts and institutions of higher education.


(b) The commissioner shall seek private funding to make available and maintain on the Internet each diagnostic and assistance program developed under Subsection (a)(1).


Added by Acts 2003, 78th Leg., ch. 1212, Sec. 10, eff. June 20, 2003.


Sec. 29.911. GENERATION TEXAS WEEK. (a) To educate middle school, junior high school, and high school students about the importance of higher education, each school district and each open-enrollment charter school offering any of those grade levels shall designate one week during the school year as Generation Texas Week.


(b) During the designated week, each middle school, junior high school, and high school shall provide students with comprehensive grade-appropriate information regarding the pursuit of higher education. The information provided must include information regarding:


(1) higher education options available to students;


(2) standard admission requirements for institutions of higher education, including:


(A) overall high school grade point average;


(B) required curriculum;


(C) college readiness standards and expectations as determined under Section 28.008; and


(D) scores necessary on generally recognized tests or assessment instruments used in admissions determinations, including the Scholastic Assessment Test and the American College Test;


(3) automatic admission of certain students to general academic teaching institutions as provided by Section 51.803; and


(4) financial aid availability and requirements, including the financial aid information provided by school counselors under Section 33.007(b).


(c) In addition to the information provided under Subsection (b), each middle school, junior high school, and high school shall provide to the students during the designated week at least one public speaker to promote the importance of higher education.


Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 12, eff. June 15, 2007.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 1033 (H.B. 2909), Sec. 1, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 1033 (H.B. 2909), Sec. 2, eff. June 17, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 23, eff. June 14, 2013.


Sec. 29.915. FINANCIAL LITERACY PILOT PROGRAM. (a) In this section, "program" means the financial literacy pilot program.


(b) To the extent funding is available under Subsection (e), the agency by rule shall establish and implement a financial literacy pilot program to provide students in participating school districts with the knowledge and skills necessary as self-supporting adults to make critical decisions relating to personal financial matters.


(c) The agency shall collaborate with the Office of Consumer Credit Commissioner and the State Securities Board to develop the curriculum and instructional materials for the program. The curriculum and instructional materials must include information about:


(1) avoiding and eliminating credit card debt;


(2) understanding the rights and responsibilities of renting or buying a home;


(3) managing money to make the transition from renting a home to home ownership;


(4) starting a small business;


(5) being a prudent investor in the stock market and using other investment options;


(6) beginning a savings program;


(7) bankruptcy;


(8) the types of bank accounts available to consumers and the benefits of maintaining a bank account;


(9) balancing a check book;


(10) the types of loans available to consumers and becoming a low-risk borrower; and


(11) the use of insurance as a means of protecting against financial risk.


(d) The agency shall develop an application and selection process for selecting school districts to participate in the program. The agency may select not more than 100 school districts to participate in the program.


(e) The agency may solicit and accept a gift, grant, or donation from any source, including a foundation, private entity, governmental entity, or institution of higher education, for the implementation of the program. The program may be implemented only if sufficient funds are available under this subsection for that purpose.


Added by Acts 2005, 79th Leg., Ch. 832 (S.B. 851), Sec. 1, eff. June 17, 2005.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 23, eff. September 1, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 1221 (S.B. 1590), Sec. 2, eff. June 14, 2013.


Sec. 29.916. HOME-SCHOOLED STUDENT MERIT SCHOLARSHIP AND ADVANCED PLACEMENT TESTING. (a) In this section:


(1) "Home-schooled student" means a student who predominantly receives instruction in a general elementary or secondary education program that is provided by the parent, or a person standing in parental authority, in or through the child's home.


(2) "PSAT/NMSQT" means the Preliminary SAT/National Merit Scholarship Qualifying Test sponsored by the College Board and Educational Testing Service and the National Merit Scholarship Corporation.


(b) A school district shall permit a home-schooled student entitled under Section 25.001 to attend public school in the district to participate in an administration of the PSAT/NMSQT or a college advanced placement test offered by the district. A school district shall require a home-schooled student to pay the same fee to participate in a test under this subsection that a student enrolled in the district is required to pay.


(c) A school district shall post on an Internet website maintained by the district the date the PSAT/NMSQT will be administered and the date any college advanced placement tests will be administered. The notice required under this subsection must state that the PSAT/NMSQT or the advanced placement test is available for home-schooled students eligible to attend school in the district and describe the procedures for a home-schooled student to register for the test. A school district that does not maintain an Internet website must publish the information required by this subsection in a newspaper in the district. If a newspaper is not published in the school district, the district shall provide for the publication of notice in at least one newspaper in the county in which the district's central administrative office is located. The information required under this subsection must be posted or published at the same time and with the same frequency with which the information is provided to a student who attends a district school.


(d) The commissioner may adopt rules as necessary to implement this section.


Added by Acts 2007, 80th Leg., R.S., Ch. 1211 (H.B. 1844), Sec. 1, eff. June 15, 2007.


Sec. 29.917. HIGHER EDUCATION AND WORKFORCE READINESS PROGRAMS. (a) From funds appropriated for the purpose, the commissioner may award grants to organizations that provide volunteers to teach classroom or after-school programs to enhance:


(1) college readiness;


(2) workforce readiness;


(3) dropout prevention; or


(4) personal financial literacy.


(b) To implement or administer a program under this section, the commissioner may accept gifts, grants, and donations from public or private entities.


(c) The commissioner may conduct a study of the programs under this section to determine the success of the programs in preparing students for higher education and participation in the workforce.


Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 12, eff. June 15, 2007.


Sec. 29.918. DROPOUT PREVENTION STRATEGIES. (a) Notwithstanding Section 48.104, a school district or open-enrollment charter school with a high dropout rate, as determined by the commissioner, must submit a plan to the commissioner describing the manner in which the district or charter school intends to use the compensatory education allotment under Section 48.104 for developing and implementing research-based strategies for dropout prevention. The district or charter school shall submit the plan not later than December 1 of each school year preceding the school year in which the district or charter school will receive the compensatory education allotment to which the plan applies.


(b) A school district or open-enrollment charter school to which this section applies may not spend or obligate more than 25 percent of the district's or charter school's compensatory education allotment unless the commissioner approves the plan submitted under Subsection (a). The commissioner shall complete an initial review of the district's or charter school's plan not later than March 1 of the school year preceding the school year in which the district or charter school will receive the compensatory education allotment to which the plan applies.


(c) The commissioner shall adopt rules to administer this section. The commissioner may impose interventions or sanctions under Subchapter A, Chapter 39A, or Section 39A.251, 39A.252, or 39A.253 if a school district or open-enrollment charter school fails to timely comply with this section.


(d) A school district or open-enrollment charter school to which this section applies shall, in its plan submitted under Subsection (a):


(1) design a dropout recovery plan that includes career and technology education courses or technology applications courses that lead to industry or career certification;


(2) integrate into the dropout recovery plan research-based strategies to assist students in becoming able academically to pursue postsecondary education, including:


(A) high-quality, college readiness instruction with strong academic and social supports;


(B) secondary to postsecondary bridging that builds college readiness skills, provides a plan for college completion, and ensures transition counseling; and


(C) information concerning appropriate supports available in the first year of postsecondary enrollment to ensure postsecondary persistence and success, to the extent funds are available for the purpose; and


(3) plan to offer advanced academic and transition opportunities, including dual credit courses and college preparatory courses, such as advanced placement courses.


(e) A school district to which this section applies may enter into a partnership with a public junior college in accordance with Section 29.402 in order to fulfill a plan submitted under Subsection (a).


(f) Any program designed to fulfill a plan submitted under Subsection (a) must comply with the requirements of Sections 29.081(e) and (f).


Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 12, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 45, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 24, eff. September 1, 2009.


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(18), eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 10, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.037, eff. September 1, 2019.


Sec. 29.920. WINTER CELEBRATIONS. (a) A school district may educate students about the history of traditional winter celebrations, and allow students and district staff to offer traditional greetings regarding the celebrations, including:


(1) "Merry Christmas";


(2) "Happy Hanukkah"; and


(3) "happy holidays."


(b) Except as provided by Subsection (c), a school district may display on school property scenes or symbols associated with traditional winter celebrations, including a menorah or a Christmas image such as a nativity scene or Christmas tree, if the display includes a scene or symbol of:


(1) more than one religion; or


(2) one religion and at least one secular scene or symbol.


(c) A display relating to a traditional winter celebration may not include a message that encourages adherence to a particular religious belief.


Added by Acts 2013, 83rd Leg., R.S., Ch. 236 (H.B. 308), Sec. 1, eff. June 14, 2013.


Sec. 29.922. TEXAS WORKFORCE INNOVATION NEEDS PROGRAM. (a) In this section:


(1) "Private or independent institution of higher education" has the meaning assigned by Section 61.003.


(2) "Program" means the Texas Workforce Innovation Needs Program.


(b) The Texas Workforce Innovation Needs Program is established to:


(1) provide selected school districts, public institutions of higher education, and private or independent institutions of higher education with the opportunity to establish innovative programs designed to prepare students for careers for which there is demand in this state; and


(2) use the results of those programs to inform the governor, legislature, and commissioner concerning methods for transforming public education and higher education in this state by improving student learning and career preparedness.


(c) To apply to participate in the program, a school district, public institution of higher education, or private or independent institution of higher education must use the form and apply in the time and manner established by commissioner rule. The application process must require each applicant district or institution of higher education to submit a detailed plan as required by Subsections (d) and (e) of the instruction and accountability the applicant would provide under the program.


(d) A plan submitted under Subsection (c):


(1) must:


(A) be designed to support improved instruction of and learning by students and provide evidence of the accurate assessment of the quality of learning on campus;


(B) describe any waiver of an applicable prohibition, requirement, or restriction for which the district or institution of higher education intends to apply; and


(C) include any other information required by commissioner rule; and


(2) may, if submitted by a school district, designate one or more campuses rather than the entire district to participate in the program.


(e) In addition to satisfying the requirements under Subsection (d)(1), a plan submitted under Subsection (c) must, to the greatest extent appropriate for the grade or higher education levels served under the program, either:


(1) focus on engagement of students in competency-based learning as necessary to earn postsecondary credentials, including:


(A) career and technical certificates;


(B) associate's degrees;


(C) bachelor's degrees; and


(D) graduate degrees; or


(2) incorporate career and technical courses into dual enrollment courses or into the early college education program under Section 29.908 to provide students the opportunity to earn a career or technical certificate or associate's degree.


(f) From among the school districts and institutions of higher education that apply as required under this section, the commissioner shall select those school districts and institutions of higher education that present the plans that are most likely to be effective in producing the next generation of higher performing public schools and institutions of higher education that provide education and training in an innovative form and manner to prepare students for careers for which there is demand in this state.


(g) The commissioner shall convene program leaders periodically to discuss methods to transform learning opportunities for all students, build cross-institution support systems and training, and share best practices tools and processes.


(h) A school district or institution of higher education participating in the program or the commissioner may, for purposes of this section, accept gifts, grants, or donations from any source, including a private or governmental entity.


(i) To cover the costs of administering the program, the commissioner may charge a fee to a school district or institution of higher education participating in the program.


(j) In consultation with interested school districts, institutions of higher education, and other appropriate interested persons, the commissioner shall adopt rules as necessary for purposes of this section.


Added by Acts 2013, 83rd Leg., R.S., Ch. 215 (H.B. 3662), Sec. 1, eff. June 10, 2013.


Sec. 29.923. WORKPLACE SAFETY TRAINING INFORMATION. (a) The agency shall collect and make available to a school district on request information regarding workplace safety training that may be included as part of the district's curriculum.


(b) A school district may develop a workplace safety program that provides educators access to the information described by Subsection (a) and encourages educators to include the workplace safety training information in the curriculum of appropriate courses provided to students enrolled in grades 7 through 12.


Added by Acts 2017, 85th Leg., R.S., Ch. 461 (H.B. 2010), Sec. 1, eff. June 9, 2017.


Sec. 29.924. BLENDED LEARNING GRANT PROGRAM. (a) In this section, "blended learning" means an instructional delivery method that combines classroom and online instruction.


(b) From funds appropriated or available for purposes of this section, the commissioner shall establish a grant program to assist school districts and open-enrollment charter schools in developing and implementing effective blended learning models, including an innovative mathematics instructional program at a campus designated as a mathematics innovation zone as provided by Section 28.020. In awarding grants under the program, the commissioner shall give priority to school districts and open-enrollment charter schools that have the highest enrollment of students who are educationally disadvantaged.


(c) A school district or open-enrollment charter school that receives a grant under this section must:


(1) develop a plan to implement a blended learning model that meets the requirements under Subsection (d);


(2) provide training to teachers and other relevant personnel on effective blended learning practices using a program approved by the commissioner for that purpose;


(3) after completion of the training under Subdivision (2):


(A) certify to the agency that the blended learning model has been implemented; and


(B) immediately following the fourth school year of implementation, submit to the agency a report on student outcomes under the blended learning model; and


(4) provide any other information to the agency as necessary for the implementation of this section.


(d) A plan to implement a blended learning model developed under Subsection (c) must:


(1) during the first year require implementation of the model across an entire grade level at a campus and permit subsequent expansion of the model to additional grade levels at the campus or, if the campus has achieved full implementation of the model across all grade levels, to additional campuses in a manner that provides students a consistent learning experience;


(2) require teachers to differentiate instruction for all students in a grade level using the blended learning model, including by:


(A) using curricula and assessments that allow each student to progress at the student's pace based on demonstrated proficiency;


(B) providing learning opportunities that give students, in collaboration with the teacher, control over the time, place, path, and pace of the student's learning; and


(C) allocating a certain amount of instructional preparation time to collaborating with students and developing blended learning lesson plans and activities driven by individual student needs;


(3) provide teachers and other relevant personnel with professional development opportunities regarding blended learning; and


(4) require the use of a proficiency-based assessment to inform instruction and provide teachers with relevant information regarding strengths and gaps in a student's learning and proficiency in the essential knowledge and skills.


(e) Funds awarded under the grant program may be used only to implement a program under this section and satisfy the requirements under Subsection (c).


(f) A school district or open-enrollment charter school may receive a grant under this section for not more than four consecutive school years.


(g) The commissioner shall adopt rules as necessary to implement this section, including rules establishing an application and selection process for awarding grants under this section and a list of programs that may be used for training under Subsection (c)(2). In adopting rules under this subsection, the commissioner may not impose any requirements on a school district's or open-enrollment charter school's plan to implement a blended learning model not listed under Subsection (d).


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.033, eff. June 12, 2019.


Sec. 29.925. TEXAS GIRLS IN STEM. In recognition of Texas Girls in STEM Day, each school district may include throughout the month of March appropriate instruction, activities, and programs to encourage and celebrate women in career fields related to science, technology, engineering, and mathematics. The instruction may include programs that profile women in those fields and related fields, including finance, information technology, data analytics, cybersecurity, and health care cloud architecture.


Added by Acts 2019, 86th Leg., R.S., Ch. 890 (H.B. 3435), Sec. 2, eff. June 10, 2019.


Sec. 29.926. AGRICULTURE EDUCATION PROGRAM. (a) The agency shall develop an agriculture education program for elementary school students to encourage appreciation and improve students' understanding of agriculture. In developing the program, the agency shall coordinate with:


(1) the Department of Agriculture; and


(2) nonprofit organizations with expertise in agriculture education, as identified by the agency.


(b) The agency shall develop a list of agriculture education programs approved by the agency and the State Board of Education that may be used as part of the curriculum for elementary school students. A program included on the list must be available to an elementary school at no cost to the school district or open-enrollment charter school.


Added by Acts 2021, 87th Leg., R.S., Ch. 586 (S.B. 801), Sec. 1, eff. September 1, 2021.


For expiration of this section, see Subsection (e).



Sec. 29.928. STUDY ON COMPETENCY-BASED EDUCATIONAL PROGRAMS. (a) The agency shall conduct a study on the implementation of competency-based educational programs by public schools in the state.


(b) The study must analyze methods of:


(1) providing funding for competency-based educational programs that do not rely on average daily attendance;


(2) assessing the performance of competency-based educational programs under the public school accountability system; and


(3) providing competency-based educational programs to nontraditional students, including adult students.


(c) The agency may solicit and accept gifts, grants, and donations from any public or private source to fund the study.


(d) Not later than December 1, 2022, the agency shall prepare and submit to the legislature a report on the results of the study and any recommendations for legislative or other action.


(e) This section expires September 1, 2023.


Added by Acts 2021, 87th Leg., R.S., Ch. 478 (H.B. 572), Sec. 2, eff. June 14, 2021.


Sec. 29.929. PROGRAMS TO ENSURE ONE-TIME INTENSIVE EDUCATIONAL SUPPORTS FOR OVERCOMING COVID-19 PANDEMIC IMPACT. (a) From state discretionary funds under Section 313(e), Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260, reprinted in note, 20 U.S.C. Section 3401) and Section 2001(f), American Rescue Plan Act of 2021 (Pub. L. No. 117-2, reprinted in note, 20 U.S.C. Section 3401) and other funds appropriated, the agency shall establish programs that assist school districts and open-enrollment charter schools in implementing intensive supports to ensure students perform at grade level and graduate demonstrating college, career, or military readiness. Programs established under this section must include:


(1) expanding learning options for:


(A) Pathways in Technology Early College High School (P-TECH) programs in participating school districts under Subchapter N, Chapter 29;


(B) the Texas Regional Pathways Network; and


(C) the Jobs and Education for Texans (JET) Grant Program under Chapter 134;


(2) supplemental instructional supports, including tutoring; and


(3) COVID-19 learning acceleration supports, including:


(A) innovation in curriculum and instruction;


(B) diagnosing student mastery;


(C) extended instructional time; and


(D) supports for teachers.


(b) The agency may take actions as necessary in implementing intensive supports under Subsection (a), including providing grants to school districts, open-enrollment charter schools, and regional education service centers.


Added by Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 12, eff. September 1, 2021.


For expiration of this section, see Subsection (g).



Sec. 29.930. USE OF ONE-TIME FEDERAL DISCRETIONARY COVID-19 FUNDING TO ENSURE GRADE LEVEL SUPPORT AND REIMBURSEMENTS. (a) To ensure additional resources to pay for unreimbursed costs due to the coronavirus disease (COVID-19) pandemic and for intensive educational supports for students not performing satisfactorily, for each of the 2021-2022 and 2022-2023 school years, except as provided by Subsection (c), from state discretionary funds under Section 2001(f), American Rescue Plan Act of 2021 (Pub. L. No. 117-2, reprinted in note, 20 U.S.C. Section 3401), the agency shall provide to each school district and open-enrollment charter school an allotment in an amount equal to the sum of:


(1) $208.35 for each student enrolled in the district or charter school; and


(2) $1,290 for each student enrolled in the district or charter school during the 2020-2021 school year multiplied by the percentage of students at the district or charter school who are not performing satisfactorily, as determined under Subsection (b).


(b) For purposes of Subsection (a)(2), the agency shall determine the percentage of students not performing satisfactorily by:


(1) dividing the number of students who did not perform satisfactorily on an assessment instrument administered under Section 39.023 by the total number of students who were administered assessment instruments under Section 39.023 during the 2018-2019 school year; and


(2) increasing the resulting number under Subdivision (1) by:


(A) for the 2021-2022 school year, 40 percent; and


(B) for the 2022-2023 school year, 20 percent.


(c) The agency shall reduce the amount of the allotment that a school district or open-enrollment charter school receives under Subsection (a) by the amount that the district or charter school receives from the local educational agency subgrants under Section 313(c), Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260, reprinted in note, 20 U.S.C. Section 3401) and Section 2001(d), American Rescue Plan Act of 2021 (Pub. L. No. 117-2, reprinted in note, 20 U.S.C. Section 3401).


(d) If the allotment provided to a school district or open-enrollment charter school under Subsection (a) is reduced in accordance with Subsection (c), the agency shall provide the total allotment amount to which the district or charter school is entitled for the 2021-2022 and 2022-2023 school years to the district or charter school in an equal amount each year.


(e) An allotment provided to a school district or open-enrollment charter school under this section may not reduce funding to which the district or charter school is otherwise entitled.


(f) The agency may not provide allotments to school districts and open-enrollment charter schools under this section after the 2022-2023 school year.


(g) This section expires September 1, 2024.


Added by Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 12, eff. September 1, 2021.


Sec. 29.931. BROADBAND TECHNICAL SUPPORT FOR STUDENTS. From appropriated state funds or other funds, including federal funds, available for this section, the agency shall provide technical assistance to school districts and open-enrollment charter schools to ensure Internet access for students who have limited or no access to the Internet.


Added by Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 12, eff. September 1, 2021.


For expiration of this section, see Subsection (b).



Sec. 29.932. ONE-TIME TECHNOLOGY REIMBURSEMENT. (a) Using state discretionary funds under Section 18003(e), Coronavirus Aid, Relief, and Economic Security Act (Title VIII, Div. B, Pub. L. No. 116-136, reprinted in note, 20 U.S.C. Section 3401), and Section 313(c), Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260, reprinted in note, 20 U.S.C. Section 3401), the agency shall provide reimbursement for technology acquisitions made by school districts and open-enrollment charter schools before February 28, 2021.


(b) This section expires September 1, 2023.


Added by Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 12, eff. September 1, 2021.


For expiration of this section, see Subsection (c).



Sec. 29.933. LEGISLATIVE OVERSIGHT ON COVID-19 STATE RESPONSE. (a) At least quarterly, the agency shall update the entities listed under Subsection (b) regarding the state response to the coronavirus disease (COVID-19) pandemic with respect to public education matters, including:


(1) the implementation of and distribution of funds under the following programs:


(A) programs to ensure one-time intensive educational supports for overcoming COVID-19 pandemic impact under Section 29.929;


(B) the use of one-time federal discretionary COVID-19 funding to ensure grade level support and reimbursements under Section 29.930;


(C) broadband technical support for students under Section 29.931; and


(D) one-time technology reimbursement under Section 29.932; and


(2) the use of state discretionary funds under:


(A) Section 18003(e), Coronavirus Aid, Relief, and Economic Security Act (Title VIII, Div. B, Pub. L. No. 116-136, reprinted in note, 20 U.S.C. Section 3401); and


(B) Section 313(e), Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260, reprinted in note, 20 U.S.C. Section 3401).


(b) The agency shall update, in accordance with Subsection (a), the following entities:


(1) the office of the governor;


(2) the office of the lieutenant governor;


(3) the office of the speaker of the house of representatives;


(4) the office of the chair of the Senate Committee on Finance;


(5) the office of the chair of the House Committee on Appropriations;


(6) the office of the chair of the Senate Committee on Education; and


(7) the office of the chair of the House Committee on Public Education.


(c) This section expires September 1, 2024.


Added by Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 12, eff. September 1, 2021.


Sec. 29.934. RESOURCE CAMPUS. (a) A school district campus that is eligible under Subsection (b) may apply to the commissioner to be designated as a resource campus that provides quality education and enrichment for campus students.


(b) To apply to be designated as a resource campus under this section, the campus must have received an overall performance rating under Section 39.054 of F for four years over a 10-year period of time.


(c) A campus notified by the commissioner under Subsection (f) that the campus has been designated as a resource campus qualifies for funding as provided by Section 48.252 for each year the campus maintains approval to operate as a resource campus regardless of whether the campus is unacceptable or does not qualify under Subsection (b).


(d) To be designated as a resource campus, the campus must:


(1) implement a targeted improvement plan as described by Chapter 39A and establish a school community partnership team;


(3) be in a school district that has adopted an approved local optional teacher designation system under Section 21.3521;


(4) satisfy certain staff criteria by:


(A) requiring a principal or teacher employed at the campus before the designation to apply for a position to continue at the campus;


(B) employing only teachers who have at least three years of teaching experience;


(C) employing at least one school counselor for every 300 students; and


(D) employing at least one appropriately licensed professional to assist with the social and emotional needs of students and staff, who must be a:


(i) family and community liaison;


(ii) clinical social worker;


(iii) specialist in school psychology; or


(iv) professional counselor;


(5) implement a positive behavior program as provided by Section 37.0013;


(6) implement a family engagement plan as described by Section 29.168;


(7) develop and implement a plan to use high quality instructional materials;


(8) if the campus is an elementary campus, operate the campus for a school year that qualifies for funding under Section 48.0051; and


(9) annually submit to the commissioner data and information required by the commissioner to assess fidelity of implementation.


(e) On the request of a school district, the agency shall assist the district in:


(1) applying for designation of a district campus as a resource campus; and


(2) developing and implementing a plan to operate a district campus as a resource campus.


(f) The commissioner shall notify a campus if it has been designated as a resource campus not later than the 60th day after the date the commissioner receives the request for the designation.


(g) A campus approved to operate as a resource campus must annually submit to the commissioner data and information requested by the commissioner for purposes of determining whether the campus has met the measure of fidelity of implementation required to maintain status as a resource campus.


(h) If a campus fails to maintain status as a resource campus for two consecutive years, the campus is not eligible for designation as a resource campus. A campus subject to this subsection may reapply for designation as a resource campus if the campus qualifies under Subsection (b).


(i) A decision by the commissioner regarding whether to designate a campus as a resource campus is final and may not be appealed.


(j) The commissioner may adopt rules necessary to implement this section.


Added by Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 12, eff. September 1, 2021.

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EDUCATION CODE CHAPTER 29. EDUCATIONAL PROGRAMS

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EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES



CHAPTER 28. COURSES OF STUDY; ADVANCEMENT



SUBCHAPTER A. ESSENTIAL KNOWLEDGE AND SKILLS; CURRICULUM



Sec. 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, Sec. 1, eff. May 30, 1995.


Sec. 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, economics, with emphasis on the free enterprise system and its benefits, and geography; and


(2) an enrichment curriculum that includes:


(A) to the extent possible, languages other than English;


(B) health, with emphasis on:


(i) physical health, including the importance of proper nutrition and exercise;


(ii) mental health, including instruction about mental health conditions, substance abuse, skills to manage emotions, establishing and maintaining positive relationships, and responsible decision-making; and


(iii) suicide prevention, including recognizing suicide-related risk factors and warning signs;


(C) physical education;


(D) fine arts;


(E) career and technology education;


(F) technology applications;


(G) religious literature, including the Hebrew Scriptures (Old Testament) and New Testament, and its impact on history and literature; and


(H) personal financial literacy.


(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.


(b-1) In this section, "common core state standards" means the national curriculum standards developed by the Common Core State Standards Initiative.


(b-2) The State Board of Education may not adopt common core state standards to comply with a duty imposed under this chapter.


(b-3) A school district may not use common core state standards to comply with the requirement to provide instruction in the essential knowledge and skills at appropriate grade levels under Subsection (c).


(b-4) Notwithstanding any other provision of this code, a school district or open-enrollment charter school may not be required to offer any aspect of a common core state standards curriculum.


(c-1) The State Board of Education shall adopt rules requiring students enrolled in grade levels six, seven, and eight to complete at least one fine arts course during those grade levels as part of a district's fine arts curriculum.


(c-2) Each time the Texas Higher Education Coordinating Board revises the Internet database of the coordinating board's official statewide inventory of workforce education courses, the State Board of Education shall by rule revise the essential knowledge and skills of any corresponding career and technology education curriculum as provided by Subsection (c).


(c-3) In adopting the essential knowledge and skills for the technology applications curriculum for kindergarten through grade eight, the State Board of Education shall adopt essential knowledge and skills that include coding, computer programming, computational thinking, and cybersecurity. The State Board of Education shall review and revise, as needed, the essential knowledge and skills of the technology applications curriculum every five years to ensure the curriculum:


(1) is relevant to student education; and


(2) aligns with current or emerging professions.


(d) The physical education curriculum required under Subsection (a)(2)(C) must be sequential, developmentally appropriate, and designed, implemented, and evaluated to enable students to develop the motor, self-management, and other skills, knowledge, attitudes, and confidence necessary to participate in physical activity throughout life. Each school district shall establish specific objectives and goals the district intends to accomplish through the physical education curriculum. In identifying the essential knowledge and skills of physical education, the State Board of Education shall ensure that the curriculum:


(1) emphasizes the knowledge and skills capable of being used during a lifetime of regular physical activity;


(2) is consistent with national physical education standards for:


(A) the information that students should learn about physical activity; and


(B) the physical activities that students should be able to perform;


(3) requires that, on a weekly basis, at least 50 percent of the physical education class be used for actual student physical activity and that the activity be, to the extent practicable, at a moderate or vigorous level;


(4) offers students an opportunity to choose among many types of physical activity in which to participate;


(5) offers students both cooperative and competitive games;


(6) meets the needs of students of all physical ability levels, including students who have a chronic health problem, disability, including a student who is a person with a disability described under Section 29.003(b) or criteria developed by the agency in accordance with that section, or other special need that precludes the student from participating in regular physical education instruction but who might be able to participate in physical education that is suitably adapted and, if applicable, included in the student's individualized education program;


(7) takes into account the effect that gender and cultural differences might have on the degree of student interest in physical activity or on the types of physical activity in which a student is interested;


(8) teaches self-management and movement skills;


(9) teaches cooperation, fair play, and responsible participation in physical activity;


(10) promotes student participation in physical activity outside of school; and


(11) allows physical education classes to be an enjoyable experience for students.


(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:


(1) be flexible in approving a course for credit for high school graduation under this subsection; and


(2) approve courses in cybersecurity 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. Before the adoption of a major curriculum initiative, including the use of a curriculum management system, a district must use a process that:


(1) includes teacher input;


(2) provides district employees with the opportunity to express opinions regarding the initiative; and


(3) includes a meeting of the board of trustees of the district at which:


(A) information regarding the initiative is presented, including the cost of the initiative and any alternatives that were considered; and


(B) members of the public and district employees are given the opportunity to comment regarding the initiative.


(g-1) A district may also offer a course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate, that is approved by the board of trustees for credit without obtaining State Board of Education approval if:


(1) the district develops a program under which the district partners with a public or private institution of higher education and local business, labor, and community leaders to develop and provide the courses; and


(2) the course or other activity allows students to enter:


(A) a career or technology training program in the district's region of the state;


(B) an institution of higher education without remediation;


(C) an apprenticeship training program; or


(D) an internship required as part of accreditation toward an industry-recognized credential or certificate for course credit.


(g-2) Each school district shall annually report to the agency the names of the courses, programs, institutions of higher education, and internships in which the district's students have enrolled under Subsection (g-1) and the names of the courses and institutions of higher education in which the district's students have enrolled under Subsection (g-3). The agency shall make available information provided under this subsection to other districts.


(g-3) A district may also offer a course in cybersecurity that is approved by the board of trustees for credit without obtaining State Board of Education approval if the district partners with a public or private institution of higher education that offers an undergraduate degree program in cybersecurity to develop and provide the course.


(h) The State Board of Education and each school district shall require the teaching of informed American patriotism, Texas history, and the free enterprise system in the adoption of instructional materials for kindergarten through grade 12, including the founding documents of the United States. A primary purpose of the public school curriculum is to prepare thoughtful, informed citizens who understand the importance of patriotism and can function productively in a free enterprise society with appreciation for the fundamental democratic principles of our state and national heritage.


(h-1) In adopting the essential knowledge and skills for the foundation curriculum under Subsection (a)(1), the State Board of Education shall, as appropriate, adopt essential knowledge and skills that develop each student's civic knowledge, including an understanding of:


(1) the fundamental moral, political, and intellectual foundations of the American experiment in self-government;


(2) the history, qualities, traditions, and features of civic engagement in the United States;


(3) the structure, function, and processes of government institutions at the federal, state, and local levels; and


(4) the founding documents of the United States, including:


(A) the entirety of the Declaration of Independence;


(B) the entirety of the United States Constitution;


(C) the Federalist Papers, including the entirety of Essays 10 and 51;


(D) excerpts from Alexis de Tocqueville's Democracy in America;


(E) the transcript of the first Lincoln-Douglas debate;


(F) the writings of the founding fathers of the United States;


(G) the entirety of Frederick Douglass's speeches "The Meaning of July Fourth for the Negro" and "What the Black Man Wants"; and


(H) the entirety of Martin Luther King Jr.'s speech "I Have a Dream."


(h-2) In adopting the essential knowledge and skills for the social studies curriculum for each grade level from kindergarten through grade 12, the State Board of Education shall adopt essential knowledge and skills that develop each student's civic knowledge, including:


(1) an understanding of:


(A) the fundamental moral, political, entrepreneurial, and intellectual foundations of the American experiment in self-government;


(B) the history, qualities, traditions, and features of civic engagement in the United States;


(C) the structure, function, and processes of government institutions at the federal, state, and local levels; and


(D) the founding documents of the United States;


(2) the ability to:


(A) analyze and determine the reliability of information sources;


(B) formulate and articulate reasoned positions;


(C) understand the manner in which local, state, and federal government works and operates through the use of simulations and models of governmental and democratic processes;


(D) actively listen and engage in civil discourse, including discourse with those with different viewpoints; and


(E) participate as a citizen in a constitutional democracy by voting; and


(3) an appreciation of:


(A) the importance and responsibility of participating in civic life;


(B) a commitment to the United States and its form of government; and


(C) a commitment to free speech and civil discourse.


(h-3) Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. 9 (S.B. 3), Sec. 6, eff. December 2, 2021.


(h-4) Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. 9 (S.B. 3), Sec. 6, eff. December 2, 2021.


(h-5) Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. 9 (S.B. 3), Sec. 6, eff. December 2, 2021.


(h-6) In providing instruction regarding the founding documents of the United States as described by Subsection (h-1)(4), a school district or open-enrollment charter school shall use those documents as part of the instructional materials for the instruction.


(h-7) The agency shall ensure that each school district or open-enrollment charter school teaches civics education as part of the district's social studies curriculum in a manner consistent with the essential knowledge and skills adopted under Subsection (h-2).


(h-8) Nothing in Subsection (h-2) or (h-7) may be construed as limiting the teaching of or instruction in the essential knowledge and skills adopted under this subchapter.


(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) A school district shall require a student enrolled in full-day prekindergarten, in kindergarten, or in a grade level below grade six to participate in moderate or vigorous daily physical activity for at least 30 minutes throughout the school year as part of the district's physical education curriculum or through structured activity during a school campus's daily recess. To the extent practicable, a school district shall require a student enrolled in prekindergarten on less than a full-day basis to participate in the same type and amount of physical activity as a student enrolled in full-day prekindergarten. A school district shall require students enrolled in grade levels six, seven, and eight to participate in moderate or vigorous daily physical activity for at least 30 minutes for at least four semesters during those grade levels as part of the district's physical education curriculum. If a school district determines, for any particular grade level below grade six, that requiring moderate or vigorous daily physical activity is impractical due to scheduling concerns or other factors, the district may as an alternative require a student in that grade level to participate in moderate or vigorous physical activity for at least 135 minutes during each school week. Additionally, a school district may as an alternative require a student enrolled in a grade level for which the district uses block scheduling to participate in moderate or vigorous physical activity for at least 225 minutes during each period of two school weeks. A school district must provide for an exemption for:


(1) any student who is unable to participate in the required 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 moderate or vigorous physical activity component that is considered a structured activity under rules adopted by the commissioner.


(l-1) In adopting rules relating to an activity described by Subsection (l)(2), the commissioner 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)(E).


(o) In approving career and technology courses, the State Board of Education must determine that at least 50 percent of the approved courses are cost-effective for a school district to implement.


(p) The State Board of Education, in conjunction with the office of the attorney general, shall develop a parenting and paternity awareness program that a school district shall use in the district's high school health curriculum. A school district may use the program developed under this subsection in the district's middle or junior high school curriculum. At the discretion of the district, a teacher may modify the suggested sequence and pace of the program at any grade level. The program must:


(1) address parenting skills and responsibilities, including child support and other legal rights and responsibilities that come with parenthood;


(2) address relationship skills, including money management, communication skills, and marriage preparation; and


(3) in district middle, junior high, or high schools that do not have a family violence prevention program, address skills relating to the prevention of family violence.


(p-2) A school district may develop or adopt research-based programs and curriculum materials for use in conjunction with the program developed under Subsection (p). The programs and curriculum materials may provide instruction in:


(1) child development;


(2) parenting skills, including child abuse and neglect prevention; and


(3) assertiveness skills to prevent teenage pregnancy, abusive relationships, and family violence.


(p-3) The agency shall evaluate programs and curriculum materials developed under Subsection (p-2) and distribute to other school districts information regarding those programs and materials.


(p-4) A student under 14 years of age may not participate in a program developed under Subsection (p) without the permission of the student's parent or person standing in parental relation to the student.


(q) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(b)(1), eff. September 1, 2014.


(r) In adopting the essential knowledge and skills for the health curriculum under Subsection (a)(2)(B), the State Board of Education shall adopt essential knowledge and skills that address the science, risk factors, causes, dangers, consequences, signs, symptoms, and treatment of substance abuse, including the use of illegal drugs, abuse of prescription drugs, abuse of alcohol such as by binge drinking or other excessive drinking resulting in alcohol poisoning, inhaling solvents, and other forms of substance abuse. The agency shall compile a list of evidence-based substance abuse awareness programs from which a school district shall choose a program to use in the district's middle school, junior high school, and high school health curriculum. In this subsection, "evidence-based substance abuse awareness program" means a program, practice, or strategy that has been proven to effectively prevent substance abuse among students, as determined by evaluations that are evidence-based.


(s) In this subsection, "bullying" has the meaning assigned by Section 37.0832 and "harassment" has the meaning assigned by Section 37.001. In addition to any other essential knowledge and skills the State Board of Education adopts for the health curriculum under Subsection (a)(2)(B), the board shall adopt for the health curriculum, in consultation with the Texas School Safety Center, essential knowledge and skills that include evidence-based practices that will effectively address awareness, prevention, identification, self-defense in response to, and resolution of and intervention in bullying and harassment.


(t) The State Board of Education, in consultation with the commissioner of higher education and business and industry leaders, shall develop an advanced language course that a school district may use in the curriculum under Subsection (a)(2)(A) to provide students with instruction in industry-related terminology that prepares students to communicate in a language other than English in a specific professional, business, or industry environment.


(w) Repealed by Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 4.01(2), eff. December 1, 2019.


(z) The State Board of Education by rule shall require each school district to incorporate instruction in digital citizenship into the district's curriculum, including information regarding the potential criminal consequences of cyberbullying. In this subsection:


(1) "Cyberbullying" has the meaning assigned by Section 37.0832.


(2) "Digital citizenship" means the standards of appropriate, responsible, and healthy online behavior, including the ability to access, analyze, evaluate, create, and act on all forms of digital communication.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1285, Sec. 4.02, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 907, Sec. 1, eff. June 14, 2001; Acts 2001, 77th Leg., ch. 925, Sec. 3, eff. June 14, 2001; Acts 2003, 78th Leg., ch. 61, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1264, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1275, Sec. 2(14), eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 784 (S.B. 42), Sec. 1, eff. June 17, 2005.


Acts 2007, 80th Leg., R.S., Ch. 254 (H.B. 2176), Sec. 1, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 856 (H.B. 1287), Sec. 3, eff. June 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 1, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 529 (S.B. 1344), Sec. 2, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 773 (S.B. 891), Sec. 1, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 25, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1419 (H.B. 3076), Sec. 1, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1421 (S.B. 1219), Sec. 1, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(5), eff. September 1, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 4, eff. June 17, 2011.


Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 13, eff. July 19, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 8(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 78(b)(1), eff. September 1, 2014.


Acts 2013, 83rd Leg., R.S., Ch. 796 (S.B. 1474), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 861 (H.B. 462), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1026 (H.B. 2662), Sec. 1, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 89 (H.B. 440), Sec. 1, eff. May 23, 2015.


Acts 2015, 84th Leg., R.S., Ch. 729 (H.B. 1431), Sec. 1, eff. June 17, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1175 (S.B. 968), Sec. 1, eff. June 19, 2015.


Acts 2017, 85th Leg., R.S., Ch. 1088 (H.B. 3593), Sec. 1, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.07, eff. December 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 4.01(2), eff. December 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 7, eff. June 6, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1149 (H.B. 2984), Sec. 1, eff. June 14, 2019.


Acts 2021, 87th Leg., R.S., Ch. 772 (H.B. 3979), Sec. 1, eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 1005 (H.B. 4509), Sec. 3, eff. June 18, 2021.


Acts 2021, 87th Leg., 2nd C.S., Ch. 9 (S.B. 3), Sec. 3, eff. December 2, 2021.


Acts 2021, 87th Leg., 2nd C.S., Ch. 9 (S.B. 3), Sec. 4, eff. December 2, 2021.


Acts 2021, 87th Leg., 2nd C.S., Ch. 9 (S.B. 3), Sec. 6, eff. December 2, 2021.


Sec. 28.0021. PERSONAL FINANCIAL LITERACY. (a) The Texas essential knowledge and skills and, as applicable, Section 28.025 shall include instruction in personal financial literacy, including instruction in methods of paying for college and other postsecondary education and training, in:


(1) mathematics instruction in kindergarten through grade eight; and


(2) one or more courses offered for high school graduation.


(b) Each school district and each open-enrollment charter school that offers a high school program shall provide an elective course in personal financial literacy that meets the requirements for a one-half elective credit under Section 28.025, using materials approved by the State Board of Education. The instruction in personal financial literacy must include instruction on completing the application for federal student aid provided by the United States Department of Education. In fulfilling the requirement to provide financial literacy instruction under this section, a school district or open-enrollment charter school may use an existing state, federal, private, or nonprofit program that provides students without charge the instruction described under this section.


Added by Acts 2005, 79th Leg., Ch. 494 (H.B. 492), Sec. 1, eff. September 1, 2005.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 214 (H.B. 34), Sec. 1, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 885 (S.B. 290), Sec. 1, eff. June 17, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 1026 (H.B. 2662), Sec. 2, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1026 (H.B. 2662), Sec. 3, eff. June 14, 2013.


Sec. 28.0022. CERTAIN INSTRUCTIONAL REQUIREMENTS AND PROHIBITIONS. (a) For any course or subject, including an innovative course, for a grade level from kindergarten through grade 12:


(1) a teacher may not be compelled to discuss a widely debated and currently controversial issue of public policy or social affairs;


(2) a teacher who chooses to discuss a topic described by Subdivision (1) shall explore that topic objectively and in a manner free from political bias;


(3) a school district, open-enrollment charter school, or teacher may not require, make part of a course, or award a grade or course credit, including extra credit, for a student's:


(A) work for, affiliation with, or service learning in association with any organization engaged in:


(i) lobbying for legislation at the federal, state, or local level, if the student's duties involve directly or indirectly attempting to influence social or public policy or the outcome of legislation; or


(ii) social policy advocacy or public policy advocacy;


(B) political activism, lobbying, or efforts to persuade members of the legislative or executive branch at the federal, state, or local level to take specific actions by direct communication; or


(C) participation in any internship, practicum, or similar activity involving social policy advocacy or public policy advocacy; and


(4) a teacher, administrator, or other employee of a state agency, school district, or open-enrollment charter school may not:


(A) require or make part of a course inculcation in the concept that:


(i) one race or sex is inherently superior to another race or sex;


(ii) an individual, by virtue of the individual's race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;


(iii) an individual should be discriminated against or receive adverse treatment solely or partly because of the individual's race or sex;


(iv) an individual's moral character, standing, or worth is necessarily determined by the individual's race or sex;


(v) an individual, by virtue of the individual's race or sex, bears responsibility, blame, or guilt for actions committed by other members of the same race or sex;


(vi) meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race to oppress members of another race;


(vii) the advent of slavery in the territory that is now the United States constituted the true founding of the United States; or


(viii) with respect to their relationship to American values, slavery and racism are anything other than deviations from, betrayals of, or failures to live up to the authentic founding principles of the United States, which include liberty and equality;


(B) teach, instruct, or train any administrator, teacher, or staff member of a state agency, school district, or open-enrollment charter school to adopt a concept listed under Paragraph (A); or


(C) require an understanding of the 1619 Project.


(b) Subsection (a)(3) does not apply to a student's participation in:


(1) community charitable projects, such as building community gardens, volunteering at local food banks, or other service projects;


(2) an internship or practicum:


(A) for which the student receives course credit under a career and technology education program or under the P-TECH program established under Section 29.553; and


(B) that does not involve the student directly engaging in lobbying, social policy advocacy, or public policy advocacy; or


(3) a program that prepares the student for participation and leadership in this country's democratic process at the federal, state, or local level through the simulation of a governmental process, including the development of public policy.


(c) A state agency, school district, or open-enrollment charter school may not accept private funding for the purpose of developing a curriculum, purchasing or selecting curriculum materials, or providing teacher training or professional development related to a concept listed in Subsection (a)(4)(A).


(d) A school district or open-enrollment charter school may not implement, interpret, or enforce any rule in a manner that would result in the punishment of a student for reasonably discussing the concepts described by Subsection (a)(4) in school or during a school-sponsored activity or have a chilling effect on reasonable student discussions involving those concepts in school or during a school-sponsored activity.


(e) Nothing in this section may be construed as limiting the teaching of or instruction in the essential knowledge and skills adopted under this subchapter.


(f) This section does not create a private cause of action against a teacher, administrator, or other employee of a school district or open-enrollment charter school. A school district or open-enrollment charter school may take appropriate action involving the employment of any teacher, administrator, or other employee based on the individual's compliance with state and federal laws and district policies.


(g) Nothing in this section may be construed as prohibiting a teacher employed by a school district or open-enrollment charter school from directing a classroom activity that involves students communicating with an elected official so long as the district, school, or teacher does not influence the content of a student's communication.


Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 9 (S.B. 3), Sec. 5, eff. December 2, 2021.


Sec. 28.0023. CARDIOPULMONARY RESUSCITATION AND AUTOMATED EXTERNAL DEFIBRILLATOR INSTRUCTION. (a) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1269, Sec. 3, eff. June 14, 2013.


(b) The State Board of Education by rule shall require instruction in cardiopulmonary resuscitation for students in grades 7 through 12.


(c) A school district or open-enrollment charter school shall provide instruction to students in grades 7 through 12 in cardiopulmonary resuscitation in a manner consistent with the requirements of this section and State Board of Education rules adopted under this section. The instruction may be provided as a part of any course. A student shall receive the instruction at least once before graduation.


(d) A school administrator may waive the curriculum requirement under this section for an eligible student who has a disability.


(e) Cardiopulmonary resuscitation instruction must include training that has been developed:


(1) by the American Heart Association or the American Red Cross; or


(2) using nationally recognized, evidence-based guidelines for emergency cardiovascular care and incorporating psychomotor skills to support the instruction.


(f) For purposes of Subsection (e), "psychomotor skills" means hands-on practice to support cognitive learning. The term does not include cognitive-only instruction and training.


(g) A school district or open-enrollment charter school may use emergency medical technicians, paramedics, police officers, firefighters, representatives of the American Heart Association or the American Red Cross, teachers, other school employees, or other similarly qualified individuals to provide instruction and training under this section. Instruction provided under this section is not required to result in certification in cardiopulmonary resuscitation. If instruction is intended to result in certification in cardiopulmonary resuscitation, the course instructor must be authorized to provide the instruction by the American Heart Association, the American Red Cross, or a similar nationally recognized association.


Added by Acts 2007, 80th Leg., R.S., Ch. 1371 (S.B. 7), Sec. 4, eff. June 15, 2007.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1269 (H.B. 897), Sec. 2, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1269 (H.B. 897), Sec. 3, eff. June 14, 2013.


Sec. 28.0024. SCHOOL-BASED SAVINGS PROGRAM. (a) A school district or open-enrollment charter school may establish a school-based savings program to facilitate increased awareness of the importance of saving for higher education and facilitate personal financial literacy instruction. A district or school may offer the program in conjunction with a personal financial literacy course under Section 28.0021.


(b) A school-based savings program may, through partnerships with appropriate institutions, promote:


(1) general savings, by offering savings accounts or certificates of deposit through partner financial institutions; or


(2) savings dedicated for higher education, by offering through partner institutions the following accounts or bonds the primary purpose of which must be to pay expenses associated with higher education:


(A) an account authorized under Section 529, Internal Revenue Code of 1986;


(B) a Coverdell education savings account established under 26 U.S.C. Section 530;


(C) a certificate of deposit;


(D) a savings account; and


(E) a Series I savings bond.


(c) A district or school establishing a program under this section:


(1) shall seek to establish partnerships with appropriate institutions that are able to offer an account or bond under Subsection (b); and


(2) may seek to establish partnerships with public sector partners, private businesses, nonprofit organizations, and philanthropic organizations in the community.


(d) A partnership established under Subsection (c) between a district or school and:


(1) an appropriate institution may allow a student in the program or the student and an adult in the student's family jointly to have an opportunity to establish an account or purchase a bond under Subsection (b); and


(2) an appropriate institution, public sector partner, private business, or nonprofit or philanthropic organization may provide:


(A) a structure for the management of the program; and


(B) incentives that encourage contribution to a school-based account or purchase of a bond under Subsection (b), including incentives that provide matching funds or seed funding.


Added by Acts 2015, 84th Leg., R.S., Ch. 1265 (H.B. 3987), Sec. 1, eff. June 20, 2015.


Sec. 28.0027. DISTRICT CURRICULUM SCOPE AND SEQUENCE. (a) In adopting a recommended or designated scope and sequence for a subject in the required curriculum under Section 28.002(a) in a particular grade level, a school district shall ensure sufficient time is provided for teachers to teach and students to learn the essential knowledge and skills for that subject and grade level.


(b) Except as provided by Subsection (c), a school district may not penalize a teacher who does not follow a recommended or designated scope and sequence for a subject in the required curriculum under Section 28.002(a) in a particular grade level based on the teacher's determination that the teacher's students need more or less time in a specific area to demonstrate proficiency in the essential knowledge and skills for that subject and grade level.


(c) A school district may take appropriate action with respect to a teacher for conduct described by Subsection (b) based on documented evidence of a deficiency in classroom instruction obtained through observation or substantiated and documented third-party information.


Added by Acts 2019, 86th Leg., R.S., Ch. 1324 (H.B. 4310), Sec. 1, eff. June 14, 2019.


Sec. 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.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 15, eff. July 19, 2011.


For expiration of Subsections (i-2) and (i-3), see Subsection (i-3).



Sec. 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:


(A) health education in kindergarten through grade eight; and


(B) if the school district requires health education for high school graduation, health education, including physical health education and mental health education, in grades 9 through 12;


(2) policies, procedures, strategies, and curriculum appropriate for specific grade levels designed to prevent physical health concerns, including obesity, cardiovascular disease, Type 2 diabetes, and mental health concerns, including suicide, through coordination of:


(A) health education, which must address physical health concerns and mental health concerns to ensure the integration of physical health education and mental health education;


(B) physical education and physical activity;


(C) nutrition services;


(D) parental involvement;


(E) instruction on substance abuse prevention;


(F) school health services, including mental health services;


(G) a comprehensive school counseling program under Section 33.005;


(H) a safe and healthy school environment; and


(I) school employee wellness;


(3) appropriate grade levels and methods of instruction for human sexuality instruction;


(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, including physical health services and mental health services, if provided at a campus by the district or by a third party under a contract with the district;


(B) a comprehensive school counseling program under Section 33.005;


(C) a safe and healthy school environment; and


(D) school employee wellness;


(5) if feasible, joint use agreements or strategies for collaboration between the school district and community organizations or agencies;


(6) strategies to increase parental awareness regarding:


(A) risky behaviors and early warning signs of suicide risks and behavioral health concerns, including mental health disorders and substance use disorders; and


(B) available community programs and services that address risky behaviors, suicide risks, and behavioral health concerns;


(7) appropriate grade levels and curriculum for instruction regarding opioid addiction and abuse and methods of administering an opioid antagonist, as defined by Section 483.101, Health and Safety Code; and


(8) appropriate grade levels and curriculum for instruction regarding child abuse, family violence, dating violence, and sex trafficking, including likely warning signs that a child may be at risk for sex trafficking, provided that the local school health advisory council's recommendations under this subdivision do not conflict with the essential knowledge and skills developed by the State Board of Education under this subchapter.


(d) The board of trustees shall appoint at least five 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. One of those members shall serve as chair or co-chair of the council. 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) classroom teachers employed by the district;


(2) school counselors certified under Subchapter B, Chapter 21, employed by the district;


(3) school administrators employed by the district;


(4) district students;


(5) health care professionals licensed or certified to practice in this state, including medical or mental health professionals;


(6) the business community;


(7) law enforcement;


(8) senior citizens;


(9) the clergy;


(10) nonprofit health organizations; and


(11) local domestic violence programs.


(d-1) The local school health advisory council shall meet at least four times each year. For each meeting, the council shall:


(1) at least 72 hours before the meeting:


(A) post notice of the date, hour, place, and subject of the meeting on a bulletin board in the central administrative office of each campus in the school district; and


(B) ensure that the notice required under Paragraph (A) is posted on the district's Internet website, if the district has an Internet website;


(2) prepare and maintain minutes of the meeting that state the subject and content of each deliberation and each vote, order, decision, or other action taken by the council during the meeting;


(3) make an audio or video recording of the meeting; and


(4) not later than the 10th day after the meeting, submit the minutes and audio or video recording of the meeting to the district.


(d-2) As soon as practicable after receipt of the minutes and audio or video recording under Subsection (d-1)(4), the school district shall post the minutes and audio or video recording on the district's Internet website, if the district has an Internet website.


(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.


(e-1) The board of trustees shall adopt a policy establishing a process for the adoption of curriculum materials for the school district's human sexuality instruction. The policy must require:


(1) the board to adopt a resolution convening the local school health advisory council for the purpose of making recommendations regarding the curriculum materials;


(2) the local school health advisory council to:


(A) after the board's adoption of the resolution under Subdivision (1), hold at least two public meetings on the curriculum materials before adopting recommendations; and


(B) provide the recommendations adopted under Paragraph (A) to the board at a public meeting of the board; and


(3) the board, after receipt of the local school health advisory council's recommendations under Subdivision (2), to take action on the adoption of the recommendations by a record vote at a public meeting.


(e-2) Curriculum materials proposed to be adopted for the school district's human sexuality instruction must be made available as provided by Subsection (j)(1) or (2)(A) or (C), as applicable.


(e-3) Before adopting curriculum materials for the school district's human sexuality instruction, the board of trustees shall ensure that the curriculum materials are:


(1) based on the advice of the local school health advisory council;


(2) suitable for the subject and grade level for which the curriculum materials are intended; and


(3) reviewed by academic experts in the subject and grade level for which the curriculum materials are intended.


(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 this section.


(i) Before each school year, a school district shall provide written notice to a parent of each student enrolled in the district of the board of trustees' decision regarding whether the district will provide human sexuality instruction to district students. If instruction will be provided, the notice must include:


(1) a statement informing the parent of the human sexuality instruction requirements under state law;


(2) a detailed description of the content of the district's human sexuality instruction and a general schedule on which the instruction will be provided;


(3) a statement of the parent's right to:


(A) at the parent's discretion, review or purchase a copy of curriculum materials as provided by Subsection (j);


(B) remove the student from any part of the district's human sexuality instruction without subjecting the student to any disciplinary action, academic penalty, or other sanction imposed by the district or the student's school; and


(C) use the grievance procedure as provided by Subsection (i-1) or the appeals process under Section 7.057 concerning a complaint of a violation of this section;


(4) a statement that any curriculum materials in the public domain used for the district's human sexuality instruction must be posted on the district's Internet website, if the district has an Internet website, and the Internet website address at which the curriculum materials are located; and


(5) information describing the opportunities for parental involvement in the development of the curriculum to be used in human sexuality instruction, including information regarding the local school health advisory council established under Subsection (a).


(i-1) A parent may use the grievance procedure adopted under Section 26.011 concerning a complaint of a violation of this section.


(i-2) Before a student may be provided with human sexuality instruction, a school district must obtain the written consent of the student's parent. A request for written consent under this subsection:


(1) may not be included with any other notification or request for written consent provided to the parent, other than the notice provided under Subsection (i); and


(2) must be provided to the parent not later than the 14th day before the date on which the human sexuality instruction begins.


(i-3) Subsection (i-2) and this subsection expire August 1, 2024.


(j) A school district shall make all curriculum materials used in the district's human sexuality instruction or instruction relating to the prevention of child abuse, family violence, dating violence, and sex trafficking, available by:


(1) for curriculum materials in the public domain:


(A) providing a copy of the curriculum materials by mail or e-mail to a parent of a student enrolled in the district on the parent's request; and


(B) posting the curriculum materials on the district's Internet website, if the district has an Internet website; and


(2) for copyrighted curriculum materials, allowing a parent of a student enrolled in the district to:


(A) review the curriculum materials at the student's campus at any time during regular business hours;


(B) purchase a copy of the curriculum materials from the publisher as provided by the district's purchase agreement for the curriculum materials under Subsection (j-1) or (j-2); or


(C) review the curriculum materials online through a secure electronic account in a manner that prevents the curriculum materials from being copied and that otherwise complies with copyright law.


(j-1) If a school district purchases from a publisher copyrighted curriculum materials for use in the district's human sexuality instruction, the district shall ensure that the purchase agreement provides for a means by which a parent of a student enrolled in the district may purchase a copy of the curriculum materials from the publisher at a price that does not exceed the price per unit paid by the district for the curriculum materials.


(j-2) If a school district purchases from a publisher copyrighted curriculum materials for use in the district's instruction relating to the prevention of child abuse, family violence, dating violence, and sex trafficking, the district shall ensure that the purchase agreement provides for a means by which a parent of a student enrolled in the district may purchase a copy of the curriculum materials from the publisher at a price that does not exceed the price per unit paid by the district for the curriculum materials.


(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 and procedures adopted to promote the physical health and mental health of students, the physical health and mental health resources available at each campus, contact information for the nearest providers of essential public health services under Chapter 121, Health and Safety Code, and the contact information for the nearest local mental health authority;


(2) a statement of the policies adopted to ensure that elementary school, middle school, and junior high school students engage in at least the amount and level of physical activity required by Section 28.002(l);


(3) 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 e-cigarettes, as defined by Section 38.006, and tobacco products by students and others on school campuses or at school-sponsored or school-related activities;


(4) a statement providing notice to parents that they can request in writing their child's physical fitness assessment results at the end of the school year; and


(5) for each campus in the district, a statement of whether the campus has a full-time nurse or full-time school counselor.


(l) The local school health advisory council shall consider and make policy recommendations to the district concerning the importance of daily recess for elementary school students. The council must consider research regarding unstructured and undirected play, academic and social development, and the health benefits of daily recess in making the recommendations. The council shall ensure that local community values are reflected in any policy recommendation made to the district under this subsection.


(l-1) The local school health advisory council shall establish a physical activity and fitness planning subcommittee to consider issues relating to student physical activity and fitness and make policy recommendations to increase physical activity and improve fitness among students.


(m) In addition to performing other duties, the local school health advisory council shall submit to the board of trustees, at least annually, a written report that includes:


(1) any council recommendation concerning the school district's health education curriculum and instruction or related matters that the council has not previously submitted to the board;


(2) any suggested modification to a council recommendation previously submitted to the board;


(3) a detailed explanation of the council's activities during the period between the date of the current report and the date of the last prior written report; and


(4) any recommendations made by the physical activity and fitness planning subcommittee.


(n) Any joint use agreement that a school district and community organization or agency enter into based on a recommendation of the local school health advisory council under Subsection (c)(5) must address liability for the school district and community organization or agency in the agreement.


(o) The local school health advisory council shall make policy recommendations to the district to increase parental awareness of suicide-related risk factors and warning signs and available community suicide prevention services.


(p) In this section:


(1) "Curriculum materials" includes the curriculum, teacher training materials, and any other materials used in providing instruction.


(2) "Human sexuality instruction," "instruction in human sexuality," and "instruction relating to human sexuality" include instruction in reproductive health.


(q) Any course materials relating to the prevention of child abuse, family violence, dating violence, and sex trafficking shall be selected by the board of trustees with the advice of the local school health advisory council.


(q-1) The board of trustees shall adopt a policy establishing a process for the adoption of curriculum materials for the school district's instruction relating to the prevention of child abuse, family violence, dating violence, and sex trafficking. The policy must require:


(1) the board to adopt a resolution convening the local school health advisory council for the purpose of making recommendations regarding the curriculum materials;


(2) the local school health advisory council to:


(A) after the board's adoption of the resolution under Subdivision (1), hold at least two public meetings on the curriculum materials before adopting recommendations; and


(B) provide the recommendations adopted under Paragraph (A) to the board at a public meeting of the board; and


(3) the board, after receipt of the local school health advisory council's recommendations under Subdivision (2), to take action on the adoption of the recommendations by a record vote at a public meeting.


(q-2) Curriculum materials proposed to be adopted for the school district's instruction relating to the prevention of child abuse, family violence, dating violence, and sex trafficking must be made available as provided by Subsection (j)(1) or (2)(A) or (C), as applicable.


(q-3) Before adopting curriculum materials for the school district's instruction relating to the prevention of child abuse, family violence, dating violence, and sex trafficking, the board of trustees shall ensure that the curriculum materials are:


(1) based on the advice of the local school health advisory council;


(2) suitable for the subject and grade level for which the curriculum materials are intended; and


(3) reviewed by academic experts in the subject and grade level for which the curriculum materials are intended.


(q-4) The board of trustees shall determine the specific content of the district's instruction relating to the prevention of child abuse, family violence, dating violence, and sex trafficking in accordance with this subchapter, including the essential knowledge and skills addressing these topics developed by the State Board of Education.


(q-5) Before each school year, a school district shall provide written notice to a parent of each student enrolled in the district of the board of trustees' decision regarding whether the district will provide instruction relating to the prevention of child abuse, family violence, dating violence, and sex trafficking to district students. If instruction will be provided, the notice must include:


(1) a statement informing the parent of the requirements under state law regarding instruction relating to the prevention of child abuse, family violence, dating violence, and sex trafficking;


(2) a detailed description of the content of the district's instruction relating to the prevention of child abuse, family violence, dating violence, and sex trafficking;


(3) a statement of the parent's right to:


(A) at the parent's discretion, review or purchase a copy of curriculum materials as provided by Subsection (j);


(B) remove the student from any part of the district's instruction relating to the prevention of child abuse, family violence, dating violence, and sex trafficking without subjecting the student to any disciplinary action, academic penalty, or other sanction imposed by the district or the student's school; and


(C) use the grievance procedure as provided by Subsection (i-1) or the appeals process under Section 7.057 concerning a complaint of a violation of this section;


(4) a statement that any curriculum materials in the public domain used for the district's instruction regarding the prevention of child abuse, family violence, dating violence, and sex trafficking must be posted on the district's Internet website address at which the curriculum materials are located; and


(5) information describing the opportunities for parental involvement in the development of the curriculum to be used in instruction relating to the prevention of child abuse, family violence, dating violence, and sex trafficking, including information regarding the local school health advisory council established under Subsection (a).


(q-6) Before a student may be provided with instruction relating to the prevention of child abuse, family violence, dating violence, and sex trafficking, a school district must obtain the written consent of the student's parent. A request for written consent under this subsection:


(1) may not be included with any other notification or request for written consent provided to the parent, other than the notice provided under Subsection (q-5); and


(2) must be provided to the parent not later than the 14th day before the date on which the instruction relating to the prevention of child abuse, family violence, dating violence, and sex trafficking begins.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 907, Sec. 2, eff. June 14, 2001; Acts 2003, 78th Leg., ch. 944, Sec. 1, 2, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 784 (S.B. 42), Sec. 2, eff. June 17, 2005.


Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 2, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 729 (S.B. 283), Sec. 1, eff. September 1, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 1235 (S.B. 736), Sec. 1, eff. June 17, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 892 (H.B. 1018), Sec. 1, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1321 (S.B. 460), Sec. 3, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 37, eff. October 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 211 (S.B. 489), Sec. 1, eff. May 28, 2017.


Acts 2019, 86th Leg., R.S., Ch. 331 (S.B. 435), Sec. 1, eff. May 31, 2019.


Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.08, eff. December 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 8, eff. June 6, 2019.


Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 7, eff. June 16, 2021.


Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.006, eff. September 1, 2021.


Acts 2021, 87th Leg., 2nd C.S., Ch. 13 (S.B. 9), Sec. 2, eff. December 2, 2021.


Sec. 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, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 925, Sec. 1, eff. June 14, 2001.


Sec. 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, Sec. 2, eff. June 14, 2001.


Sec. 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. For use in diagnosing the reading development and comprehension of kindergarten students, the commissioner shall adopt a multidimensional assessment tool that includes a reading instrument and tests at least three developmental skills, including literacy. A multidimensional assessment tool administered as provided by this subsection is considered to be a reading instrument for purposes of this section. A district-level committee established under Subchapter F, Chapter 11, may adopt a list of reading instruments for use in the district in a grade level other than kindergarten 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.


(b-1) The commissioner may approve an alternative reading instrument for use in diagnosing the reading development and comprehension of kindergarten students that complies with the requirements under Subsection (b).


(c) Each school district shall administer, at the 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).


(c-1) Each school district shall administer at the beginning of the seventh grade a reading instrument adopted by the commissioner to each student whose performance on the assessment instrument in reading administered under Section 39.023(a) to the student in grade six did not demonstrate reading proficiency, as determined by the commissioner. The district shall administer the reading instrument in accordance with the commissioner's recommendations under Subsection (a)(1).


(c-2) Each school district shall administer at the kindergarten level a reading instrument adopted by the commissioner under Subsection (b) or approved by the commissioner under Subsection (b-1). The district shall administer the reading instrument in accordance with the commissioner's recommendations under Subsection (a)(1).


(c-3) The commissioner by rule shall determine the performance on the reading instrument adopted under Subsection (b) that indicates kindergarten readiness.


(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;


(2) not later than the 60th calendar day after the date on which a reading instrument was administered report, in writing, to a student's parent or guardian the student's results on the instrument; and


(3) using the school readiness certification system provided to the school district in accordance with Section 29.161(e), report electronically each student's raw score on the reading instrument to the agency for use in the school readiness certification system.


(d-1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(11), eff. September 1, 2019.


(e) Repealed by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(11), eff. September 1, 2019.


(f) The agency shall ensure at least one reading instrument for each grade level for which a reading instrument is required to be administered under this section is available to school districts at no cost.


(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.


(g-1) A school district shall provide additional reading instruction and intervention to each student in seventh grade assessed under Subsection (c-1), as appropriate to improve the student's reading skills in the relevant areas identified through the assessment instrument. Training and support for activities required by this subsection shall be provided by regional education service centers and teacher literacy achievement academies established under Section 21.4552, and may be provided by other public and private providers.


(g-2) In accordance with a notification program developed by the commissioner by rule, a school district shall notify the parent or guardian of each student determined, on the basis of a screening under Section 38.003 or other basis, to have dyslexia or a related disorder, or determined, on the basis of reading instrument results, to be at risk for dyslexia or other reading difficulties, of the program maintained by the Texas State Library and Archives Commission providing students with reading disabilities the ability to borrow audiobooks free of charge.


(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.


(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) The commissioner may adopt rules as necessary to implement this section. Section 2001.0045, Government Code, does not apply to rules adopted under this subsection.


(m) The agency by rule shall develop procedures designed to allow the agency to:


(1) effectively audit and monitor and periodically conduct site visits of all school districts to ensure that districts are complying with this section;


(2) identify any problems school districts experience in complying with this section; and


(3) develop reasonable and appropriate remedial strategies to address school district noncompliance and ensure the purposes of this section are accomplished.


Added by Acts 1997, 75th Leg., ch. 397, Sec. 2, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.11, eff. Sept. 1, 1999.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.05, eff. May 31, 2006.


Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 6, eff. June 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1340 (S.B. 1871), Sec. 1, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 26, eff. June 19, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 1314 (S.B. 172), Sec. 1, eff. June 14, 2013.


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(16), eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 450 (S.B. 2075), Sec. 2, eff. June 4, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.012, eff. June 12, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(11), eff. September 1, 2019.


Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(6), eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 11, eff. June 18, 2021.


Sec. 28.0062. READING STANDARDS FOR KINDERGARTEN THROUGH THIRD GRADE. (a) Each school district and open-enrollment charter school shall:


(1) provide for the use of a phonics curriculum that uses systematic direct instruction in kindergarten through third grade to ensure all students obtain necessary early literacy skills;


(2) ensure that:


(A) not later than the 2022-2023 school year, each classroom teacher in kindergarten or first, second, or third grade and each principal at a campus with kindergarten or first, second, or third grade has attended a teacher literacy achievement academy developed under Section 21.4552; and


(B) each classroom teacher and each principal initially employed in a grade level or at a campus described by Paragraph (A) for the 2022-2023 school year or a subsequent school year has attended a teacher literacy achievement academy developed under Section 21.4552 by the end of the teacher's or principal's first year of placement in that grade level or campus; and


(3) certify to the agency that the district or school:


(A) prioritizes placement of highly effective teachers in kindergarten through second grade; and


(B) has integrated reading instruments used to diagnose reading development and comprehension to support each student in prekindergarten through third grade.


(b) The agency shall provide assistance to school districts and open-enrollment charter schools in complying with the requirements under this section.


(c) The agency shall:


(1) monitor the implementation of this section; and


(2) periodically report to the legislature on the implementation of this section and the effectiveness of this section in improving educational outcomes.


(d) The commissioner shall establish an advisory board to assist the agency in fulfilling the agency's duties under this section. Chapter 2110, Government Code, does not apply to the advisory board.


(e) The commissioner may adopt rules to implement this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.013, eff. June 12, 2019.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 8, eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 12, eff. June 18, 2021.


Sec. 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.


Added by Acts 2001, 77th Leg., ch. 834, Sec. 7, eff. Sept. 1, 2001.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(17), eff. September 1, 2017.


Sec. 28.008. ADVANCEMENT OF COLLEGE READINESS IN CURRICULUM. (a) To ensure that students are able to perform college-level course work at institutions of higher education, the commissioner of education and the commissioner of higher education shall establish vertical teams composed of public school educators and institution of higher education faculty.


(b) The vertical teams shall:


(1) recommend for approval by the commissioner of education and the Texas Higher Education Coordinating Board college readiness standards and expectations that address what students must know and be able to do to succeed in entry-level courses offered at institutions of higher education;


(2) evaluate whether the high school curriculum requirements under Section 28.002 and other instructional requirements serve to prepare students to successfully perform college-level course work;


(3) recommend how the public school curriculum requirements can be aligned with college readiness standards and expectations;


(4) develop instructional strategies for teaching courses to prepare students to successfully perform college-level course work;


(5) develop or establish minimum standards for curricula, professional development materials, and online support materials in English language arts, mathematics, science, and social studies, designed for students who need additional assistance in preparing to successfully perform college-level course work; and


(6) periodically review and revise the college readiness standards and expectations developed under Subdivision (1) and recommend revised standards for approval by the commissioner of education and the Texas Higher Education Coordinating Board.


(c) The commissioner of education and the Texas Higher Education Coordinating Board by rule shall:


(1) establish the composition and duties of the vertical teams established under this section; and


(2) establish a schedule for the periodic review required under Subsection (b)(6), giving consideration to the cycle of review and identification under Section 28.002 of the essential knowledge and skills of subjects of the required curriculum.


(d) The State Board of Education shall incorporate college readiness standards and expectations approved by the commissioner of education and the Texas Higher Education Coordinating Board under Subsection (b) into the essential knowledge and skills identified by the board under Section 28.002(c). The State Board of Education shall develop and by rule adopt a chart that clearly indicates the alignment of the college readiness standards and expectations with the essential knowledge and skills identified by the board under Section 28.002(c).


(e) Notwithstanding any other provision of this section, the State Board of Education retains its authority under Section 28.002 concerning the required curriculum.


(g) The agency shall coordinate with the Texas Higher Education Coordinating Board as necessary in administering this section.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 5.01, eff. May 31, 2006.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 7, eff. June 15, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 1014 (H.B. 2549), Sec. 1, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 1036 (H.B. 1613), Sec. 1, eff. June 19, 2015.


Sec. 28.009. COLLEGE CREDIT PROGRAM. (a) Each school district shall implement a program under which students may earn the equivalent of at least 12 semester credit hours of college credit in high school. On request, a public institution of higher education in this state shall assist a school district in developing and implementing the program. The college credit may be earned through:


(1) international baccalaureate, advanced placement, or dual credit courses;


(2) articulated postsecondary courses provided for local credit or articulated postsecondary advanced technical credit courses provided for state credit; or


(3) any combination of the courses described by Subdivisions (1) and (2).


(a-1) A program implemented under this section may provide a student the opportunity to earn credit for a course or activity, including an apprenticeship or training hours:


(1) that:


(A) satisfies a requirement necessary to obtain an industry-recognized credential or certificate or an associate degree; and


(B) is approved by the Texas Higher Education Coordinating Board; and


(2) for which a student may earn credit concurrently toward both the student's high school diploma and postsecondary academic requirements.


(a-2) A school district is not required to pay a student's tuition or other associated costs for taking a course under this section.


(a-4) A dual credit course offered under this section must be:


(1) in the core curriculum of the public institution of higher education providing college credit;


(2) a career and technical education course; or


(3) a foreign language course.


(a-5) Subsection (a-4) does not apply to a dual credit course offered as part of the early college education program established under Section 29.908 or any other early college program that assists a student in earning a certificate or an associate degree while in high school.


Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 90 (H.B. 505), Sec. 1



(b) The agency shall coordinate with the Texas Higher Education Coordinating Board as necessary in administering this section. The commissioner may adopt rules as necessary concerning the duties under this section of a school district. The Texas Higher Education Coordinating Board may adopt rules as necessary concerning the duties under this section of a public institution of higher education. A rule may not limit:


(1) the number of dual credit courses or hours in which a student may enroll while in high school;


(2) the number of dual credit courses or hours in which a student may enroll each semester or academic year; or


(3) the grade levels at which a high school student may be eligible to enroll in a dual credit course.


Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 988 (H.B. 18), Sec. 2



(b) The agency shall coordinate with the Texas Higher Education Coordinating Board as necessary in administering this section. The commissioner may adopt rules as necessary concerning the duties under this section of a school district. The Texas Higher Education Coordinating Board may adopt rules as necessary concerning the duties under this section of a public institution of higher education. A rule may not limit the number of dual credit courses or semester credit hours in which a student may enroll while in high school or limit the number of dual credit courses or semester credit hours in which a student may enroll each semester or academic year.


(b-1) The agency and the Texas Higher Education Coordinating Board jointly shall develop statewide goals for dual credit programs, including early college high school programs, career and technical education dual credit programs, and joint high school and college credit programs provided under Section 130.008, to provide uniform standards for evaluating those programs. The goals must address, at a minimum:


(1) a dual credit program's achievement of enrollment in and acceleration through postsecondary education;


(2) performance in college-level coursework; and


(3) the development of an effective bridge between secondary and postsecondary education in the state.


(b-2) Any agreement, including a memorandum of understanding or articulation agreement, between a school district and public institution of higher education to provide a dual credit program described by Subsection (b-1) must:


(1) include specific program goals aligned with the statewide goals developed under Subsection (b-1);


(2) establish common advising strategies and terminology related to dual credit and college readiness;


(3) provide for the alignment of endorsements described by Section 28.025(c-1) offered by the district, and dual credit courses offered under the agreement that apply towards those endorsements, with postsecondary pathways and credentials at the institution and industry certifications;


(4) identify tools, including tools developed by the agency, the Texas Higher Education Coordinating Board, or the Texas Workforce Commission, to assist school counselors, students, and families in selecting endorsements offered by the district and dual credit courses offered under the agreement;


(5) establish, or provide a procedure for establishing, the course credits that may be earned under the agreement, including by developing a course equivalency crosswalk or other method for equating high school courses with college courses and identifying the number of credits that may be earned for each course completed through the program;


(6) describe the academic supports and, if applicable, guidance that will be provided to students participating in the program;


(7) establish the district's and the institution's respective roles and responsibilities in providing the program and ensuring the quality and instructional rigor of the program;


(8) state the sources of funding for courses offered under the program, including, at a minimum, the sources of funding for tuition, transportation, and any required fees or textbooks for students participating in the program;


(9) require the district and the institution to consider the use of free or low-cost open educational resources in courses offered under the program;


(10) be posted each year on the district's and the institution's respective Internet websites; and


(11) designate at least one employee of the district or institution as responsible for providing academic advising to a student who enrolls in a dual credit course under the program before the student begins the course.


(b-3) The agency and the Texas Higher Education Coordinating Board shall coordinate as necessary to adopt rules for the implementation of Subsections (a-4) and (a-5). In adopting those rules, the agency and the coordinating board shall use the negotiated rulemaking procedures under Chapter 2008, Government Code, and consult with relevant stakeholders.


(c) The commissioner and the Texas Higher Education Coordinating Board shall share data as necessary to enable school districts to comply with this subsection. Each school district shall annually report to the agency:


(1) the number of district students, including career and technical students, who have participated in the program and earned college credit; and


(2) the cumulative number of courses in which participating district students have enrolled and college credit hours the students have earned.


(c-1) The Texas Higher Education Coordinating Board shall collect student course credit data from public institutions of higher education as necessary for purposes of Subsection (c).


(d) In this section:


(1) "Career and technical student" means:


(A) a secondary education student who has entered the first course in a sequence of two or more technical courses for three or more credits in a career and technical education program; or


(B) a student who:


(i) is enrolled in an academic or workforce course that is part of a sequence of courses leading to an industry-recognized credential, certificate, or degree; and


(ii) has declared that sequence of courses as the student's major course of study.


(2) "Sequence of courses" means career and technical education courses approved by the State Board of Education or innovative courses approved by the State Board of Education that are provided for local credit.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 5.01, eff. May 31, 2006.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 763 (H.B. 3485), Sec. 2, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 15, eff. September 1, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 369 (S.B. 149), Sec. 1, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 369 (S.B. 149), Sec. 2, eff. September 1, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 369 (S.B. 149), Sec. 3, eff. September 1, 2013.


Acts 2011, 82nd Leg., R.S., Ch. 369 (S.B. 149), Sec. 4, eff. September 1, 2013.


Acts 2011, 82nd Leg., R.S., Ch. 1104 (S.B. 1619), Sec. 1, eff. June 17, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 213 (H.B. 842), Sec. 1, eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 424 (S.B. 435), Sec. 1, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 90 (H.B. 505), Sec. 1, eff. May 23, 2015.


Acts 2015, 84th Leg., R.S., Ch. 988 (H.B. 18), Sec. 2, eff. June 19, 2015.


Acts 2017, 85th Leg., R.S., Ch. 93 (H.B. 1638), Sec. 1, eff. May 23, 2017.


Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 2, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 729 (S.B. 1091), Sec. 1, eff. June 12, 2017.


Acts 2019, 86th Leg., R.S., Ch. 264 (S.B. 1276), Sec. 1, eff. May 28, 2019.


Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(6), eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 901 (H.B. 3650), Sec. 1, eff. June 10, 2019.


Acts 2021, 87th Leg., R.S., Ch. 185 (S.B. 1277), Sec. 1, eff. May 30, 2021.


Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.007, eff. September 1, 2021.


Sec. 28.010. NOTIFICATION REGARDING COLLEGE CREDIT AND WORK-BASED EDUCATION PROGRAMS. (a) Each school year, a school district shall notify the parent of each district student enrolled in grade nine or above of:


(1) the availability of:


(A) programs in the district under which a student may earn college credit, including advanced placement programs, dual credit programs, joint high school and college credit programs, and international baccalaureate programs;


(B) career and technology education programs or other work-based education programs in the district, including any internship, externship, or apprenticeship programs or a P-TECH program under Subchapter N, Chapter 29; and


(C) subsidies based on financial need available for fees paid to take college advanced placement tests or international baccalaureate examinations under Section 28.054; and


(2) the qualifications for enrolling in programs described by Subdivision (1)(A) or (B).


(b) A school district may provide the notification required by this section on the district's Internet website. The notification must include the name and contact information of any public or private entity offering a program described by this section in the district.


Added by Acts 2007, 80th Leg., R.S., Ch. 973 (S.B. 282), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 600 (S.B. 1095), Sec. 1, eff. June 14, 2021.


Acts 2021, 87th Leg., R.S., Ch. 600 (S.B. 1095), Sec. 2, eff. June 14, 2021.


Section effective beginning with the 2009-2010 school year.



Sec. 28.011. ELECTIVE COURSES ON THE BIBLE'S HEBREW SCRIPTURES (OLD TESTAMENT) AND NEW TESTAMENT AND THEIR IMPACT ON THE HISTORY AND LITERATURE OF WESTERN CIVILIZATION. (a) A school district may offer to students in grade six or above:


(1) an elective course on the Hebrew Scriptures (Old Testament) and its impact and an elective course on the New Testament and its impact; or


(2) an elective course that combines the courses described by Subdivision (1).


(b) The purpose of a course under this section is to:


(1) teach students knowledge of biblical content, characters, poetry, and narratives that are prerequisites to understanding contemporary society and culture, including literature, art, music, mores, oratory, and public policy; and


(2) familiarize students with, as applicable:


(A) the contents of the Hebrew Scriptures or New Testament;


(B) the history of the Hebrew Scriptures or New Testament;


(C) the literary style and structure of the Hebrew Scriptures or New Testament; and


(D) the influence of the Hebrew Scriptures or New Testament on law, history, government, literature, art, music, customs, morals, values, and culture.


(c) A student may not be required to use a specific translation as the sole text of the Hebrew Scriptures or New Testament and may use as the basic instructional material a different translation of the Hebrew Scriptures or New Testament from that chosen by the board of trustees of the student's school district or the student's teacher.


(d) A course offered under this section shall follow applicable law and all federal and state guidelines in maintaining religious neutrality and accommodating the diverse religious views, traditions, and perspectives of students in their school district. A course under this section shall not endorse, favor, or promote, or disfavor or show hostility toward, any particular religion or nonreligious faith or religious perspective. Nothing in this statute is intended to violate any provision of the United States Constitution or federal law, the Texas Constitution or any state law, or any rules or guidelines provided by the United States Department of Education or the Texas Education Agency.


(e) Before adopting rules identifying the essential knowledge and skills of a course offered under this section, the State Board of Education shall submit the proposed essential knowledge and skills to the attorney general. The attorney general shall review the proposed essential knowledge and skills to ensure that the course complies with the First Amendment to the United States Constitution, and the board may not adopt rules identifying the essential knowledge and skills of a course offered under this section without the attorney general's approval under this subsection.


(f) A teacher of a course offered under this section must hold a certificate in language arts, social studies, or history that qualifies the teacher to teach at the grade level at which the course is offered with, where practical, a minor in religion or biblical studies. A teacher selected to teach a course under this section shall successfully complete staff development training outlined in Section 21.459. A course under this section may be taught only by a teacher who has successfully completed training under Section 21.459.


(g) For the purpose of a student earning credit for high school graduation, a school district shall grant one-half academic elective credit for satisfactory completion of a course on the Hebrew Scriptures, one-half academic elective credit for satisfactory completion of a course on the New Testament, and one-half academic elective credit for satisfactory completion of a combined course on both the Hebrew Scriptures and the New Testament. This subsection applies only to a course that is taught in strict compliance with this section.


(h) If, for a particular semester, fewer than 15 students at a school district campus register to enroll in a course required by this section, the district is not required to offer the course at that campus for that semester.


(i) This section does not prohibit the board of trustees of a school district from offering an elective course based on the books of a religion other than Christianity. In determining whether to offer such a course, the board may consider various factors, including student and parent demand for such a course and the impact such books have had on history and culture.


(j) This section does not prohibit a school district from offering a course, other than the course authorized by this section, in the academic study of the Hebrew Scriptures, the New Testament, or both for local credit or for state elective credit towards high school graduation.


Added by Acts 2007, 80th Leg., R.S., Ch. 856 (H.B. 1287), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 16, eff. July 19, 2011.


Acts 2021, 87th Leg., R.S., Ch. 705 (H.B. 2681), Sec. 1, eff. June 15, 2021.


Sec. 28.012. INSTRUCTION ON INTERACTION WITH LAW ENFORCEMENT. (a) In this section:


(1) "Board" means the State Board of Education.


(2) "Commission" means the Texas Commission on Law Enforcement.


(3) "Driver training provider" has the meaning assigned by Section 1001.001.


(b) The board and the commission shall enter into a memorandum of understanding that establishes each agency's respective responsibilities in developing instruction, including curriculum and instructional modules, on proper interaction with peace officers during traffic stops and other in-person encounters. The instruction must include information regarding:


(1) the role of law enforcement and the duties and responsibilities of peace officers;


(2) a person's rights concerning interactions with peace officers;


(3) proper behavior for civilians and peace officers during interactions;


(4) laws regarding questioning and detention by peace officers, including any law requiring a person to present proof of identity to a peace officer, and the consequences for a person's or officer's failure to comply with those laws; and


(5) how and where to file a complaint against or a compliment on behalf of a peace officer.


(c) In developing the instruction under this section, the board and the commission may consult with any interested party, including a volunteer work group convened for the purpose of making recommendations regarding the instruction.


(d) Before finalizing any instruction under this section, the board and the commission shall provide a reasonable period for public comment.


(e) Subject to rules adopted by the board, a school district or open-enrollment charter school may tailor the instruction developed under this section as appropriate for the district's or school's community. In tailoring the instruction, the district or school shall solicit input from local law enforcement agencies, driver training providers, and the community.


Added by Acts 2017, 85th Leg., R.S., Ch. 513 (S.B. 30), Sec. 2, eff. September 1, 2017.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.59, eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.60, eff. September 1, 2021.


Sec. 28.013. NATURE SCIENCE CURRICULUM PROJECT. (a) The State Board of Education shall assist in developing a nature science curriculum, in accordance with this section, the following entities, acting jointly:


(1) the Outdoor School at Texas Tech University Center at Junction;


(2) the Texas Science, Technology, Engineering, and Math (T-STEM) Center of Texas Tech University; and


(3) South Llano River State Park.


(b) The nature science curriculum must:


(1) be designed for instruction of students in grades six through 12;


(2) provide for grade-level appropriate instruction in essential knowledge and skills identified by the State Board of Education under Section 28.002 for:


(A) science; and


(B) mathematics, social studies, and language arts, to the extent practicable and relevant to nature science studies;


(3) through participation in outdoor experiential learning projects in state parks, provide for the scientific study by students of:


(A) conservation, wildlife or aquatic biology, range ecology, or other areas of nature science; and


(B) problems affecting nature, such as threats to the watershed, and possible solutions to those problems; and


(4) be designed to:


(A) be capable of implementation in any state park;


(B) use state park resources in providing instruction; and


(C) be presented by classroom teachers and state park employees.


(c) The Texas Science, Technology, Engineering, and Math (T-STEM) Center of Texas Tech University shall make the nature science curriculum available through the university's Internet website or through a separate Internet website developed by the center for that purpose.


(d) Repealed by Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 24(8), eff. June 18, 2021.


(e) The nature science curriculum project must be implemented and maintained using money appropriated for those purposes.


Added by Acts 2007, 80th Leg., R.S., Ch. 300 (H.B. 1700), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 24(8), eff. June 18, 2021.


Sec. 28.014. COLLEGE PREPARATORY COURSES. (a) Each school district shall partner with at least one institution of higher education to develop and provide courses in college preparatory mathematics and English language arts. The courses must be designed:


(1) for students at the 12th grade level whose performance on:


(A) an end-of-course assessment instrument required under Section 39.023(c) does not meet college readiness standards; or


(B) coursework, a college entrance examination, or an assessment instrument designated under Section 51.334 indicates that the student is not ready to perform entry-level college coursework; and


(2) to prepare students for success in entry-level college courses.


(b) A course developed under this section must be provided:


(1) on the campus of the high school offering the course; or


(2) through distance learning or as an online course provided through an institution of higher education with which the school district partners as provided by Subsection (a).


(c) Appropriate faculty of each high school offering courses under this section and appropriate faculty of each institution of higher education with which the school district partners shall meet regularly as necessary to ensure that each course is aligned with college readiness expectations. The commissioner of education, in coordination with the commissioner of higher education, may adopt rules to administer this subsection.


(d) Each school district shall provide a notice to each district student to whom Subsection (a) applies and the student's parent or guardian regarding the benefits of enrolling in a course under this section.


(f) A course provided under this section may be offered for dual credit at the discretion of the institution of higher education with which a school district partners under this section.


(g) Each school district, in consultation with each institution of higher education with which the district partners, shall develop or purchase instructional materials for a course developed under this section consistent with Chapter 31. The instructional materials must include technology resources that enhance the effectiveness of the course and draw on established best practices.


Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 8(a), eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 27, eff. June 19, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 10(a), eff. June 10, 2013.


Acts 2017, 85th Leg., R.S., Ch. 842 (H.B. 2223), Sec. 2.01, eff. June 15, 2017.


Sec. 28.016. INSTRUCTION IN HIGH SCHOOL, COLLEGE, AND CAREER PREPARATION. (a) Each school district shall provide instruction to students in grade seven or eight in preparing for high school, college, and a career.


(b) The instruction must include information regarding:


(1) the creation of a high school personal graduation plan under Section 28.02121;


(2) the distinguished level of achievement described by Section 28.025(b-15);


(3) each endorsement described by Section 28.025(c-1);


(4) college readiness standards; and


(5) potential career choices and the education needed to enter those careers.


(c) A school district may:


(1) provide the instruction as part of an existing course in the required curriculum;


(2) provide the instruction as part of an existing career and technology course designated by the State Board of Education as appropriate for that purpose; or


(3) establish a new elective course through which to provide the instruction.


(d) Each school district shall ensure that at least once in grade seven or eight each student receives the instruction under this section.


Added by Acts 2015, 84th Leg., R.S., Ch. 988 (H.B. 18), Sec. 4, eff. June 19, 2015.


See note following this section.



Sec. 28.017. INSTRUCTION ON PREVENTION OF SEXUAL ABUSE AND SEX TRAFFICKING. (a) The commissioner, in cooperation with the human trafficking prevention task force created under Section 402.035, Government Code, and any other persons the commissioner considers appropriate, shall develop one or more sexual abuse and sex trafficking instructional modules that a school district may use in the district's health curriculum. The modules may include:


(1) information on the different forms of sexual abuse and assault, sex trafficking, and risk factors for sex trafficking;


(2) the procedures for reporting sexual abuse and sex trafficking or suspected sexual abuse or sex trafficking;


(3) strategies for sexual abuse and assault prevention and overcoming peer pressure;


(4) information on establishing healthy boundaries for relationships, recognizing potentially abusive or harmful relationships, and avoiding high-risk activities;


(5) the recruiting tactics of sex traffickers and peer recruiters, including recruitment through the Internet;


(6) the legal aspects of sexual abuse and sex trafficking under state and federal law; and


(7) the influence of culture and mass media on perceptions of sexual abuse and sex trafficking, including stereotypes and myths about victims and abusers, victim blaming, and the role of language.


(b) The module or modules developed under Subsection (a) must emphasize compassion for victims of sexual abuse or sex trafficking and the creation of a positive reentry experience for survivors of sexual abuse or sex trafficking into schools.


(c) Before the beginning of each school year, a school district that elects to use a module developed under Subsection (a) in the district's health curriculum shall provide written notice to the parent of each student enrolled in the district that includes the following:


(1) a statement that the district will provide instruction relating to sexual abuse and sex trafficking awareness to students enrolled in the district;


(2) a description of the material that will be used in providing instruction to students; and


(3) a statement that the parent has the right to review the material and remove the parent's student from the instruction.


(d) If a school district does not comply with the requirements of Subsection (c), a parent of a student enrolled in the district may file a complaint in accordance with the district's grievance procedure developed under Section 26.011.


Text of section effective on June 12, 2017, but only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 762 (S.B. 2039), Sec. 5, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature.


Added by Acts 2017, 85th Leg., R.S., Ch. 762 (S.B. 2039), Sec. 1, eff. June 12, 2017.


Sec. 28.018. ADVANCED COMPUTER SCIENCE PROGRAM. (a) The State Board of Education by rule shall develop and implement a program under which:


(1) students in participating school districts may comply with the curriculum requirements for an advanced mathematics credit under Section 28.025(b-1)(2) or an advanced science credit under Section 28.025(b-1)(3) by successfully completing an advanced computer science course; and


(2) participating school districts implement rigorous standards, as developed by the State Board of Education, for advanced computer science courses that are focused on the creation and use of software and computing technologies.


(b) The commissioner shall adopt rules as necessary to administer this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 123 (H.B. 728), Sec. 1, eff. May 26, 2017.


Sec. 28.020. MATHEMATICS INNOVATION ZONES. (a) The commissioner may:


(1) on application of a school district or open-enrollment charter school, designate a campus of the district or school as a mathematics innovation zone; and


(2) from funds appropriated or donated for purposes of this section, award a grant to support implementation of innovative mathematics instruction at the campus in accordance with this section.


(b) A campus designated as a mathematics innovation zone must:


(1) implement with fidelity an innovative mathematics instructional program approved by the commissioner for purposes of this section that addresses the essential knowledge and skills of the mathematics curriculum required by Section 28.002;


(2) comply with objectives, metrics, and other mathematics innovation zone requirements imposed by the commissioner through rules adopted under Subsection (g); and


(3) provide all data relating to the mathematics innovation zone requested by the agency.


(c) A campus designated as a mathematics innovation zone is not subject to interventions under the state accountability system described by Section 39.107(a) or (e) for the first two years of the designation, provided that the campus implements the instructional program with fidelity and complies with each mathematics innovation zone requirement to the satisfaction of the commissioner. The period that a campus is exempt from interventions as provided by this subsection is not:


(1) included in calculating consecutive school years under Section 39.107(a) or (e); or


(2) considered a break in consecutive school years of unacceptable ratings for purposes of determining the need for intervention under Section 39.107(a) or (e).


(d) The commissioner may revoke designation of a campus as a mathematics innovation zone and suspend associated grant funding if the commissioner determines that the campus has failed to implement the instructional program with fidelity or comply with any requirement imposed under this section.


(e) A school district or open-enrollment charter school may use a pay for success program approved by the commissioner under Section 44.904 to pay costs associated with designation of a campus as a mathematics innovation zone.


(f) The commissioner may accept gifts, grants, or donations from any public or private source for purposes of this section.


(g) The commissioner may adopt rules as necessary to administer this section.


(h) A decision or determination by the commissioner under this section is final and may not be appealed.


Added by Acts 2017, 85th Leg., R.S., Ch. 424 (S.B. 1318), Sec. 1, eff. September 1, 2017.


SUBCHAPTER B. ADVANCEMENT, PLACEMENT, CREDIT, AND ACADEMIC ACHIEVEMENT RECORD



Sec. 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.


(c) In determining promotion under Subsection (a), a school district shall consider:


(1) the recommendation of the student's teacher;


(2) the student's grade in each subject or course;


(3) the student's score on an assessment instrument administered under Section 39.023(a), (b), or (l), to the extent applicable; and


(4) any other necessary academic information, as determined by the district.


(d) By the start of the school year, a district shall make public the requirements for student advancement under this section.


(e) The commissioner shall provide guidelines to districts based on best practices that a district may use when considering factors for promotion.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 28, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 307 (H.B. 2135), Sec. 1, eff. June 17, 2011.


Sec. 28.0211. ACCELERATED LEARNING COMMITTEE; ACCELERATED INSTRUCTION; MODIFIED TEACHER ASSIGNMENT. (a) A school district shall establish an accelerated learning committee described by Subsection (c) for each student who does not perform satisfactorily on:


(1) the third grade mathematics or reading assessment instrument under Section 39.023;


(2) the fifth grade mathematics or reading assessment instrument under Section 39.023; or


(3) the eighth grade mathematics or reading assessment instrument under Section 39.023.


(a-1) Each time a student fails to perform satisfactorily on an assessment instrument administered under Section 39.023(a) in the third, fourth, fifth, sixth, seventh, or eighth grade, the school district in which the student attends school shall provide to the student accelerated instruction in the applicable subject area during the subsequent summer or school year and either:


(1) allow the student to be assigned a classroom teacher who is certified as a master, exemplary, or recognized teacher under Section 21.3521 for the subsequent school year in the applicable subject area; or


(2) provide the student supplemental instruction under Subsection (a-4).


(a-2) Accelerated instruction provided during the following school year under Subsection (a-1) may require participation of the student before or after normal school hours.


(a-3) In providing accelerated instruction under Subsection (a-1), a district may not remove a student, except under circumstances for which a student enrolled in the same grade level who is not receiving accelerated instruction would be removed, from:


(1) instruction in the foundation curriculum and enrichment curriculum adopted under Section 28.002 for the grade level in which the student is enrolled; or


(2) recess or other physical activity that is available to other students enrolled in the same grade level.


(a-4) If a district receives funding under Section 29.0881, the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260), or the American Rescue Plan Act of 2021 (Pub. L. No. 117-2), then supplemental instruction provided by a school district under Subsection (a-1)(2) must:


(1) include targeted instruction in the essential knowledge and skills for the applicable grade levels and subject area;


(2) be provided in addition to instruction normally provided to students in the grade level in which the student is enrolled;


(3) be provided for no less than 30 total hours during the subsequent summer or school year and, unless the instruction is provided fully during summer, include instruction no less than once per week during the school year;


(4) be designed to assist the student in achieving satisfactory performance in the applicable grade level and subject area;


(5) include effective instructional materials designed for supplemental instruction;


(6) be provided to a student individually or in a group of no more than three students, unless the parent or guardian of each student in the group authorizes a larger group;


(7) be provided by a person with training in the applicable instructional materials for the supplemental instruction and under the oversight of the school district; and


(8) to the extent possible, be provided by one person for the entirety of the student's supplemental instruction period.


(a-5) Each school district shall establish a process allowing for the parent or guardian of a student who fails to perform satisfactorily on an assessment instrument specified under Subsection (a) to make a request for district consideration that the student be assigned to a particular classroom teacher in the applicable subject area for the subsequent school year, if more than one classroom teacher is available.


(a-6) The commissioner shall provide guidelines to school districts on research-based best practices and effective strategies that a district may use in developing an accelerated instruction program and shall provide resources to districts to assist in the provision of an accelerated instruction program.


(b) Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.


(c) After a student fails to perform satisfactorily on an assessment instrument specified under Subsection (a), an accelerated learning committee shall be established. The accelerated learning 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 accelerated learning committee and the purpose of the committee.


(d) Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.


(e) Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.


(f) An accelerated learning committee described by Subsection (c) shall, not later than the start of the subsequent school year, develop an educational plan for the student that provides the necessary accelerated instruction to enable the student to perform at the appropriate grade level by the conclusion of the school year.


(f-1) The educational plan under Subsection (f) must be documented in writing, and a copy must be provided to the student's parent or guardian.


(f-2) During the school year, the student shall be monitored to ensure that the student is progressing in accordance with the plan developed under Subsection (f). 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.


(f-3) The board of trustees of each school district shall adopt a policy consistent with the grievance procedure adopted under Section 26.011 to allow a parent to contest the content or implementation of an educational plan developed under Subsection (f).


(f-4) If a student who fails to perform satisfactorily on an assessment instrument specified under Subsection (a) fails in the subsequent school year to perform satisfactorily on an assessment instrument in the same subject, the superintendent of the district, or the superintendent's designee, shall meet with the student's accelerated learning committee to:


(1) identify the reason the student did not perform satisfactorily; and


(2) determine, in order to ensure the student performs satisfactorily on the assessment instrument at the next administration of the assessment instrument, whether:


(A) the educational plan developed for the student under Subsection (f) must be modified to provide the necessary accelerated instruction for that student; and


(B) any additional resources are required for that student.


(f-5) The superintendent's designee under Subsection (f-4):


(1) may be an employee of a regional education service center; and


(2) may not be a person who served on the student's accelerated learning committee.


(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-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.


(i-2) Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.


(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 may adopt rules as necessary to implement this section.


(l) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1058, Sec. 17, eff. June 15, 2007.


(l-1) The commissioner may adopt rules requiring a school district that receives federal funding under Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.) to use that funding to provide supplemental educational services under 20 U.S.C. Section 6316 in conjunction with the accelerated instruction provided under this section, provided that the rules may not conflict with federal law governing the use of that funding.


(m) Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.


(m-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.


(n) Except as provided by Subsection (n-1), a student who fails to perform satisfactorily on an assessment instrument specified under Subsection (a) and is promoted to the next grade level must be assigned in the subsequent school year in each subject in which the student failed to perform satisfactorily on an assessment instrument specified under Subsection (a) to an appropriately certified teacher who meets all state and federal qualifications to teach that subject and grade.


(n-1) In a manner consistent with federal law and notwithstanding any other law, the commissioner may waive the requirement under Subsection (n) regarding the assignment of a student to an appropriately certified classroom teacher on the request of a school district.


(o) This section does not require the administration of a fifth or eighth grade assessment instrument in a subject under Section 39.023(a) to a student enrolled in the fifth or eighth grade, as applicable, if the student:


(1) is enrolled in a course in the subject intended for students above the student's grade level and will be administered an assessment instrument adopted or developed under Section 39.023(a) that aligns with the curriculum for the course in which the student is enrolled; or


(2) is enrolled in a course in the subject for which the student will receive high school academic credit and will be administered an end-of-course assessment instrument adopted under Section 39.023(c) for the course.


(p) Notwithstanding any other provision of this section, a student described by Subsection (o) may not be denied promotion on the basis of failure to perform satisfactorily on an assessment instrument not required to be administered to the student in accordance with that subsection.


Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.12, eff. Sept. 1, 1999.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 9, eff. June 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 17, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 29, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 7.006, eff. September 1, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 307 (H.B. 2135), Sec. 2, eff. June 17, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 11, eff. June 10, 2013.


Acts 2017, 85th Leg., R.S., Ch. 242 (H.B. 657), Sec. 1, eff. May 29, 2017.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.022, eff. September 1, 2019.


Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 1, eff. June 16, 2021.


Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 2, eff. June 16, 2021.


Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.


Sec. 28.0212. JUNIOR HIGH OR MIDDLE SCHOOL PERSONAL GRADUATION PLAN. (a) A principal of a junior high or middle school shall designate a school counselor, teacher, or other appropriate individual to develop and administer a personal graduation plan for each student enrolled in the junior high or middle 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 under this section 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.


(d) The agency shall establish minimum standards for a personal graduation plan under this section.


(e) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(b)(2), eff. September 1, 2014.


(g) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 78(b)(2), eff. September 1, 2014.


Added by Acts 2003, 78th Leg., ch. 1212, Sec. 7, eff. June 20, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 763 (H.B. 3485), Sec. 3, eff. June 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 10, eff. June 15, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 12(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 13(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 78(b)(2), eff. September 1, 2014.


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 19, eff. June 14, 2013.


Sec. 28.02121. HIGH SCHOOL PERSONAL GRADUATION PLAN. (a) The agency, in consultation with the Texas Workforce Commission and the Texas Higher Education Coordinating Board, shall prepare and make available to each school district in English and Spanish information that explains the advantages of the distinguished level of achievement described by Section 28.025(b-15) and each endorsement described by Section 28.025(c-1). The information must contain an explanation:


(1) concerning the benefits of choosing a high school personal graduation plan that includes the distinguished level of achievement under the foundation high school program and includes one or more endorsements to enable the student to achieve a class rank in the top 10 percent for students at the campus; and


(2) that encourages parents, to the greatest extent practicable, to have the student choose a high school personal graduation plan described by Subdivision (1).


(b) A school district shall publish the information provided to the district under Subsection (a) on the Internet website of the district and ensure that the information is available to students in grades nine and above and the parents or legal guardians of those students in the language in which the parents or legal guardians are most proficient. A district is required to provide information under this subsection in the language in which the parents or legal guardians are most proficient only if at least 20 students in a grade level primarily speak that language.


(c) A principal of a high school shall designate a school counselor or school administrator to review personal graduation plan options with each student entering grade nine together with that student's parent or guardian. The personal graduation plan options reviewed must include the distinguished level of achievement described by Section 28.025(b-15) and the endorsements described by Section 28.025(c-1). Before the conclusion of the school year, the student and the student's parent or guardian must confirm and sign a personal graduation plan for the student.


(d) A personal graduation plan under Subsection (c) must identify a course of study that:


(1) promotes:


(A) college and workforce readiness; and


(B) career placement and advancement; and


(2) facilitates the student's transition from secondary to postsecondary education.


(e) A school district may not prevent a student and the student's parent or guardian from confirming a personal graduation plan that includes pursuit of a distinguished level of achievement or an endorsement.


(f) A student may amend the student's personal graduation plan after the initial confirmation of the plan under this section. If a student amends the student's personal graduation plan, the school shall send written notice to the student's parents regarding the change.


Added by Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 14(a), eff. June 10, 2013.


Sec. 28.02122. INCLUSION OF MENTAL HEALTH PROFESSIONS IN HEALTH SCIENCE CAREER INFORMATION. The agency shall ensure that any information provided to students relating to health science careers includes information regarding mental health professions. To the extent that the public services endorsement includes information on health science career pathways, the information must include mental health careers as a possible pathway.


Added by Acts 2015, 84th Leg., R.S., Ch. 96 (H.B. 1430), Sec. 1, eff. May 23, 2015.


Sec. 28.02123. NOTIFICATION OF CERTAIN HIGH SCHOOL GRADUATION REQUIREMENTS. (a) Not later than September 1 of each school year, a school district shall notify by regular mail or e-mail the parent of or other person standing in parental relation to each student enrolled in grade nine or above that the student is not required to complete an Algebra II course to graduate under the foundation high school program.


(b) The notification must include information regarding the potential consequences to a student of not completing an Algebra II course, including the impact on eligibility for:


(1) automatic college admission under Section 51.803; and


(2) certain financial aid authorized under Title 3, including:


(A) the TEXAS grant program under Subchapter M, Chapter 56; and


(B) the Texas Educational Opportunity Grant Program under Subchapter P, Chapter 56.


Added by Acts 2019, 86th Leg., R.S., Ch. 960 (S.B. 232), Sec. 1, eff. June 14, 2019.


For expiration of Subsections (a-1), (a-2), (a-3), and (a-4), see Subsection (a-4).



Sec. 28.02124. PARENTAL OPTION FOR STUDENT RETENTION. (a) Subject to Subsection (c), a parent or guardian may elect for a student to:


(1) repeat prekindergarten;


(2) enroll in prekindergarten, if the student would have been eligible to enroll in prekindergarten during the previous school year under Section 29.153(b) and the student has not yet enrolled in kindergarten;


(3) repeat kindergarten;


(4) enroll in kindergarten, if the student would have been eligible to enroll in kindergarten in the previous school year and has not yet enrolled in first grade; or


(5) for grades one through three, repeat the grade in which the student was enrolled during the previous school year.


(a-1) Subject to Subsections (a-3) and (c), a parent or guardian may elect for a student to:


(1) for grades four through eight, repeat the grade the student was enrolled in during the previous school year; and


(2) for courses taken for high school credit, repeat any course in which the student was enrolled in during the previous school year.


(a-2) A parent or guardian may make an election under Subsection (a-1)(1) or (2), or both.


(a-3) A parent or guardian may not elect for a student to repeat a course under Subsection (a-1)(2) if the school district or open-enrollment charter school determines the student has met all of the requirements for graduation.


(a-4) Subsections (a-1), (a-2), (a-3), and this subsection apply for students who repeat courses from the 2020-2021 school year during the 2021-2022 school year and for students who otherwise enroll during the 2021-2022 school year. Subsections (a-1), (a-2), (a-3), and this subsection expire September 1, 2022.


(b) An election made by a parent or guardian under this section shall be made in writing to a school district or open-enrollment charter school, as applicable.


(c) If a school district or an open-enrollment charter school disagrees with an election authorized under this section, the school district or open-enrollment charter school must convene a retention committee and meet with the parent or guardian to discuss retention. A meeting under this subsection shall be conducted in person unless an alternative means is agreeable to the parent or guardian. A student may not be retained for a grade or retake a course under this section if the parent or guardian does not meet with the retention committee.


(d) A retention committee established under Subsection (c) shall be composed of:


(1) the principal or the principal's designee;


(2) the student's parent or guardian;


(3) the teacher who taught the grade or course for which the parent wants the student retained or repeated; and


(4) additional teachers at the discretion of the principal, if the student will potentially repeat multiple courses.


(e) A retention committee established under Subsection (c) shall:


(1) discuss the merits of and concerns with advancement and retention; and


(2) review and consider the student's grade in each subject or course, the results of any formative or summative assessments administered to the student, and any other available academic information to determine the student's academic readiness for the next grade or a given course.


(f) If established under Subsection (c), after the parent or guardian has participated in a retention committee meeting, the parent or guardian shall decide whether the student should be retained or retake a grade or course. The school district or open-enrollment school must abide by the decision of the parent or guardian.


(g) A student who receives a passing grade or who earns credit for a high school course shall retain a school district's or open-enrollment charter school's original assignment of a grade or award of credit when a student is retained under this section, unless the school district or open-enrollment charter school adopts a policy to a different effect.


(h) Except as provided by this section or other law, retention of a student pursuant to a parent's or guardian's election under this section shall be considered the same as retention of a student by a school district or open-enrollment charter school.


(i) The rights of a parent or guardian under this section transfer to a student if the student is 18 years of age or older or has had the disabilities of a minor removed, unless the student is under a form of guardianship imposed by law or court order that continues after the student turns 18 years of age.


(j) The commissioner may adopt rules to implement this section.


Added by Acts 2021, 87th Leg., R.S., Ch. 887 (S.B. 1697), Sec. 4, eff. June 16, 2021.


Sec. 28.0213. INTENSIVE PROGRAM OF INSTRUCTION. (a) A school district shall offer an intensive program of instruction to a student 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 nine, as determined by the district.


(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.


(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, Sec. 7, eff. June 20, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1354 (S.B. 1404), Sec. 3, eff. June 14, 2013.


Sec. 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, Sec. 1, effective June 2, 2003.


Renumbered from Education Code, Section 28.0212 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(14), eff. September 1, 2005.


Sec. 28.0216. DISTRICT GRADING POLICY. A school district shall adopt a grading policy, including provisions for the assignment of grades on class assignments and examinations, before each school year. A district grading policy:


(1) must require a classroom teacher to assign a grade that reflects the student's relative mastery of an assignment;


(2) may not require a classroom teacher to assign a minimum grade for an assignment without regard to the student's quality of work; and


(3) may allow a student a reasonable opportunity to make up or redo a class assignment or examination for which the student received a failing grade.


Added by Acts 2009, 81st Leg., R.S., Ch. 1236 (S.B. 2033), Sec. 1, eff. June 19, 2009.


Sec. 28.0217. ACCELERATED INSTRUCTION FOR HIGH SCHOOL STUDENTS. (a) Each time a student fails to perform satisfactorily on an assessment instrument administered under Section 39.023(c), the school district in which the student attends school shall provide to the student accelerated instruction in the applicable subject area.


(b) Accelerated instruction provided under this section:


(1) may require participation of the student before or after normal school hours and may include participation at times of the year outside normal school operations; and


(2) must comply with the requirements for accelerated instruction provided under Section 28.0211.


Added by Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 15, eff. June 10, 2013.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 3, eff. June 16, 2021.


Sec. 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.


(e) A district that uses an electronic platform for communicating student grade and performance information to parents may permit a parent to sign a notice required under Subsections (a)(2) and (a)(3) electronically, so long as the district retains a record verifying the parent's acknowledgment of the required notice. A district that accepts electronic signatures under this subsection must offer parents the option to provide a handwritten signature as provided under Subsection (b).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1237, Sec. 1, eff. Aug. 30, 1999.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 166 (H.B. 1993), Sec. 1, eff. May 28, 2015.


Sec. 28.023. CREDIT BY EXAMINATION. (a) Using guidelines established by the State Board of Education, a school district shall develop or select for review by the district board of trustees 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 of trustees shall approve for each subject, to the extent available, at least four examinations that satisfy State Board of Education guidelines. The examinations approved by the board of trustees must include:


(1) advanced placement examinations developed by the College Board; and


(2) examinations administered through the College-Level Examination Program.


(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 an examination for acceleration approved by the board of trustees under Subsection (a) if:


(1) the student scores in the 80th 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 an examination for credit in the subject approved by the board of trustees under Subsection (a) if the student scores in the 80th percentile or above on the examination or if the student achieves a score as provided by Subsection (c-1). 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 and the student is not required to take an end-of-course assessment instrument adopted under Section 39.023(c) for that subject.


(c-1) A school district shall give a student in grade level six or above credit for a subject if the student scores:


(1) a three or higher on an advanced placement examination approved by the board of trustees under Subsection (a) and developed by the College Board; or


(2) a scaled score of 50 or higher on an examination approved by the board of trustees under Subsection (a) and administered through the College-Level Examination Program.


(d) Each district shall administer each examination approved by the board of trustees under Subsection (a) not fewer than four times each year, at times to be determined by the State Board of Education.


(e) Subsection (d) does not apply to an examination that has an administration date that is established by an entity other than the school district.


(f) A student may not attempt more than two times to receive credit for a particular subject on the basis of an examination for credit in that subject.


(g) If a student fails to achieve the designated score described by Subsection (c) or (c-1) on an applicable examination described by Subsection (c) or (c-1) for a subject before the beginning of the school year in which the student would ordinarily be required to enroll in a course in that subject in accordance with the school district's prescribed course sequence, the student must satisfactorily complete the course to receive credit for the course.


(h) This subsection applies only to a school district surrounded by a school district described by Section 11.065(a). Notwithstanding any other provision of this section, a school district's board of trustees may establish a minimum required score for each section of an examination for acceleration or an examination for credit approved by the board under Subsection (a) that is higher than the minimum required scores under Subsections (b) and (c), respectively. A minimum required score established by a board of trustees under this subsection:


(1) may be no greater than a score in the 90th percentile;


(2) must be established before the beginning of a school year for examinations to be administered in the school year; and


(3) must apply for at least the entire school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1029 (H.B. 2694), Sec. 2, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1203 (S.B. 1365), Sec. 2, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 1146 (S.B. 453), Sec. 1, eff. June 19, 2015.


Acts 2017, 85th Leg., R.S., Ch. 813 (H.B. 789), Sec. 1, eff. June 15, 2017.


Sec. 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, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2005, 79th Leg., Ch. 887 (S.B. 1452), Sec. 3, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 1339 (S.B. 151), Sec. 7, eff. June 18, 2005.


Reenacted and amended by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 4.004, eff. September 1, 2007.


Sec. 28.025. HIGH SCHOOL DIPLOMA AND CERTIFICATE; ACADEMIC ACHIEVEMENT RECORD. (a) The State Board of Education by rule shall determine curriculum requirements for the foundation high school program that are consistent with the required curriculum under Section 28.002. The State Board of Education shall designate the specific courses in the foundation curriculum under Section 28.002(a)(1) required under the foundation high school program. Except as provided by this section, the State Board of Education may not designate a specific course or a specific number of credits in the enrichment curriculum as requirements for the program.


(b) A school district shall ensure that each student, on entering ninth grade, indicates in writing an endorsement under Subsection (c-1) that the student intends to earn. A district shall permit a student to choose, at any time, to earn an endorsement other than the endorsement the student previously indicated. A student may graduate under the foundation high school program without earning an endorsement if, after the student's sophomore year:


(1) the student and the student's parent or person standing in parental relation to the student are advised by a school counselor of the specific benefits of graduating from high school with one or more endorsements; and


(2) the student's parent or person standing in parental relation to the student files with a school counselor written permission, on a form adopted by the agency, allowing the student to graduate under the foundation high school program without earning an endorsement.


(b-1) The State Board of Education by rule shall require that the curriculum requirements for the foundation high school program under Subsection (a) include a requirement that students successfully complete:


(1) four credits in English language arts under Section 28.002(a)(1)(A), including one credit in English I, one credit in English II, one credit in English III, and one credit in an advanced English course authorized under Subsection (b-2);


(2) three credits in mathematics under Section 28.002(a)(1)(B), including one credit in Algebra I, one credit in geometry, and one credit in any advanced mathematics course authorized under Subsection (b-2);


(3) three credits in science under Section 28.002(a)(1)(C), including one credit in biology, one credit in any advanced science course authorized under Subsection (b-2), and one credit in integrated physics and chemistry or in an additional advanced science course authorized under Subsection (b-2);


(4) three credits in social studies under Section 28.002(a)(1)(D), including one credit in United States history, at least one-half credit in government and at least one-half credit in economics or personal financial literacy & economics, and one credit in world geography or world history;


(5) except as provided under Subsections (b-12), (b-13), and (b-14), two credits in the same language in a language other than English under Section 28.002(a)(2)(A);


(6) five elective credits;


(7) one credit in fine arts under Section 28.002(a)(2)(D); and


(8) except as provided by Subsection (b-11), one credit in physical education under Section 28.002(a)(2)(C).


(b-2) In adopting rules under Subsection (b-1), the State Board of Education shall:


(1) provide for a student to comply with the curriculum requirements for an advanced English course under Subsection (b-1)(1), for an advanced mathematics course under Subsection (b-1)(2), and for any advanced science course under Subsection (b-1)(3) by successfully completing a course in the appropriate content area that has been approved as an advanced course by board rule or that is offered as an advanced course for credit without board approval as provided by Section 28.002(g-1); and


(2) allow a student to comply with the curriculum requirements for the third and fourth mathematics credits under Subsection (b-1)(2) or the third and fourth science credits under Subsection (b-1)(3) by successfully completing an advanced career and technical course designated by the State Board of Education as containing substantively similar and rigorous academic content.


(b-3) In adopting rules for purposes of Subsection (b-2), the State Board of Education must approve a variety of advanced English, mathematics, and science courses that may be taken to comply with the foundation high school program requirements, provided that each approved course prepares students to enter the workforce successfully or postsecondary education without remediation.


(b-4) A school district may offer the curriculum described in Subsections (b-1)(1) through (4) in an applied manner. Courses delivered in an applied manner must cover the essential knowledge and skills, and the student shall be administered the applicable end-of-course assessment instrument as provided by Sections 39.023(c) and 39.025.


(b-5) A school district may offer a mathematics or science course to be taken by a student after completion of Algebra II and physics. A course approved under this subsection must be endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit.


(b-6) A school district may allow a student to enroll concurrently in Algebra I and geometry.


(b-8) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(b)(3), eff. September 1, 2014.


(b-9) A school district, with the approval of the commissioner, may allow a student to satisfy the fine arts credit required under Subsection (b-1)(7) by participating in a community-based fine arts program not provided by the school district in which the student is enrolled. The fine arts program must provide instruction in the essential knowledge and skills identified for fine arts by the State Board of Education under Section 28.002(c). The fine arts program may be provided on or off a school campus and outside the regular school day.


(b-10) A school district, with the approval of the commissioner, may allow a student to comply with the curriculum requirements for the physical education credit required under Subsection (b-1)(8) by participating in a private or commercially sponsored physical activity program provided on or off a school campus and outside the regular school day.


(b-11) In adopting rules under Subsection (b-1), the State Board of Education shall allow a student who is unable to participate in physical activity due to disability or illness to substitute one credit in English language arts, mathematics, science, or social studies, one credit in a course that is offered for credit as provided by Section 28.002(g-1), or one academic elective credit for the physical education credit required under Subsection (b-1)(8). A credit allowed to be substituted under this subsection may not also be used by the student to satisfy a graduation requirement other than completion of the physical education credit. The rules must provide that the determination regarding a student's ability to participate in physical activity will be made by:


(1) if the student receives special education services under Subchapter A, Chapter 29, the student's admission, review, and dismissal committee;


(2) if the student does not receive special education services under Subchapter A, Chapter 29, but is covered by Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the committee established for the student under that Act; or


(3) if each of the committees described by Subdivisions (1) and (2) is inapplicable, a committee established by the school district of persons with appropriate knowledge regarding the student.


(b-12) In adopting rules under Subsection (b-1), the State Board of Education shall adopt criteria to allow a student to comply with the curriculum requirements for the two credits in a language other than English required under Subsection (b-1)(5) by substituting two credits in computer programming languages, including computer coding.


(b-13) In adopting rules under Subsection (b-1), the State Board of Education shall allow a student to substitute credit in another appropriate course for the second credit in the same language in a language other than English otherwise required by Subsection (b-1)(5) if the student, in completing the first credit required under Subsection (b-1)(5), demonstrates that the student is unlikely to be able to complete the second credit. The board rules must establish:


(1) the standards and, as applicable, the appropriate school personnel for making a determination under this subsection; and


(2) appropriate substitute courses for purposes of this subsection.


(b-14) In adopting rules under Subsection (b-1), the State Board of Education shall allow a student who, due to disability, is unable to complete two courses in the same language in a language other than English, as provided under Subsection (b-1)(5), to substitute for those credits two credits in English language arts, mathematics, science, or social studies or two credits in career and technology education, technology applications, or other academic electives. A credit allowed to be substituted under this subsection may not also be used by the student to satisfy a graduation credit requirement other than credit for completion of a language other than English. The rules must provide that the determination regarding a student's ability to participate in language-other-than-English courses will be made by:


(1) if the student receives special education services under Subchapter A, Chapter 29, the student's admission, review, and dismissal committee; or


(2) if the student does not receive special education services under Subchapter A, Chapter 29, but is covered by Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the committee established for the student under that Act.


(b-15) A student may earn a distinguished level of achievement under the foundation high school program by successfully completing:


(1) four credits in mathematics, which must include Algebra II and the courses described by Subsection (b-1)(2);


(2) four credits in science, which must include the courses described by Subsection (b-1)(3);


(3) the remaining curriculum requirements under Subsection (b-1); and


(4) the curriculum requirements for at least one endorsement under Subsection (c-1).


(b-16) A student may satisfy an elective credit required under Subsection (b-1)(6) with a credit earned to satisfy the additional curriculum requirements for the distinguished level of achievement under the foundation high school program or an endorsement under Subsection (c-1). This subsection may apply to more than one elective credit.


(b-17) The State Board of Education shall adopt rules to ensure that a student may comply with the curriculum requirements under Subsection (b-1)(6) by successfully completing an advanced career and technical course, including a course that may lead to an industry-recognized credential or certificate or an associate degree.


(b-18) In adopting rules under Subsection (b-1), the State Board of Education shall allow a student to comply with the curriculum requirements under Subsection (b-1) by successfully completing a dual credit course.


(b-19) In adopting rules under Subsection (b-1), the State Board of Education shall adopt criteria to allow a student to comply with curriculum requirements for the world geography or world history credit under Subsection (b-1)(4) by successfully completing a combined world history and world geography course developed by the State Board of Education.


(b-20) The State Board of Education shall adopt rules to include the instruction developed under Section 28.012 in one or more courses in the required curriculum for students in grade levels 9 through 12.


(b-21) In adopting rules under Subsection (b-1), the State Board of Education shall adopt criteria to allow a student to comply with the curriculum requirement for one credit under Subsection (b-1)(5) by successfully completing at an elementary school either a dual language immersion program under Section 28.0051 or a course in American Sign Language.


(b-22) In adopting rules under Subsection (b-1), the State Board of Education shall ensure that a personal financial literacy & economics course taken to comply with the curriculum requirement under Subsection (b-1)(4) allocates:


(1) two-thirds of instruction time to instruction in personal financial literacy; and


(2) one-third of instruction time to instruction in economics.


(b-23) The agency shall:


(1) develop a list of free, open-source, and publicly available curricula that may be used by a school district to provide a personal financial literacy & economics course that satisfies the curriculum requirement under Subsection (b-1)(4); and


(2) seek, accept, and spend any federal or private grant funds and gifts that are available for the purpose of providing a personal financial literacy & economics course as part of the foundation 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 Sections 28.0256 and 39.025; or


(2) the student successfully completes an individualized education program developed under Section 29.005.


(c-1) A student may earn an endorsement on the student's transcript by successfully completing curriculum requirements for that endorsement adopted by the State Board of Education by rule. The State Board of Education by rule shall provide students with multiple options for earning each endorsement, including, to the greatest extent possible, coherent sequences of courses. The State Board of Education by rule must permit a student to enroll in courses under more than one endorsement curriculum before the student's junior year. An endorsement under this subsection may be earned in any of the following categories:


(1) science, technology, engineering, and mathematics (STEM), which includes courses directly related to science, including environmental science, technology, including computer science, cybersecurity, and computer coding, engineering, and advanced mathematics;


(2) business and industry, which includes courses directly related to database management, information technology, communications, accounting, finance, marketing, graphic design, architecture, construction, welding, logistics, automotive technology, agricultural science, and heating, ventilation, and air conditioning;


(3) public services, which includes courses directly related to health sciences and occupations, mental health, education and training, law enforcement, and culinary arts and hospitality;


(4) arts and humanities, which includes courses directly related to political science, world languages, cultural studies, English literature, history, and fine arts; and


(5) multidisciplinary studies, which allows a student to:


(A) select courses from the curriculum of each endorsement area described by Subdivisions (1) through (4); and


(B) earn credits in a variety of advanced courses from multiple content areas sufficient to complete the distinguished level of achievement under the foundation high school program.


(c-2) In adopting rules under Subsection (c-1), the State Board of Education shall:


(1) require a student in order to earn any endorsement to successfully complete:


(A) four credits in mathematics, which must include:


(i) the courses described by Subsection (b-1)(2); and


(ii) an additional advanced mathematics course authorized under Subsection (b-2) or an advanced career and technology course designated by the State Board of Education;


(B) four credits in science, which must include:


(i) the courses described by Subsection (b-1)(3); and


(ii) an additional advanced science course authorized under Subsection (b-2) or an advanced career and technology course designated by the State Board of Education; and


(C) two elective credits in addition to the elective credits required under Subsection (b-1)(6); and


(2) develop additional curriculum requirements for each endorsement with the direct participation of educators and business, labor, and industry representatives, and shall require each school district to report to the agency the categories of endorsements under Subsection (c-1) for which the district offers all courses for curriculum requirements, as determined by board rule.


(c-3) In adopting rules under Subsection (c-1), the State Board of Education shall adopt criteria to allow a student participating in the arts and humanities endorsement under Subsection (c-1)(4), with the written permission of the student's parent or a person standing in parental relation to the student, to comply with the curriculum requirements for science required under Subsection (c-2)(1)(B)(ii) by substituting for an advanced course requirement a course related to that endorsement.


(c-4) Each school district must make available to high school students courses that allow a student to complete the curriculum requirements for at least one endorsement under Subsection (c-1). A school district that offers only one endorsement curriculum must offer the multidisciplinary studies endorsement curriculum.


(c-5) A student may earn a performance acknowledgment on the student's transcript by satisfying the requirements for that acknowledgment adopted by the State Board of Education by rule. An acknowledgment under this subsection may be earned:


(1) for outstanding performance:


(A) in a dual credit course;


(B) in bilingualism and biliteracy;


(C) on a college advanced placement test or international baccalaureate examination;


(D) on an established, valid, reliable, and nationally norm-referenced preliminary college preparation assessment instrument used to measure a student's progress toward readiness for college and the workplace; or


(E) on an established, valid, reliable, and nationally norm-referenced assessment instrument used by colleges and universities as part of their undergraduate admissions process; or


(2) for earning a state recognized or nationally or internationally recognized business or industry certification or license.


(c-6) Notwithstanding Subsection (c), a person may receive a diploma if the person is eligible for a diploma under Section 28.0258.


(c-7) Subject to Subsection (c-8), a student who is enrolled in a special education program under Subchapter A, Chapter 29, may earn an endorsement on the student's transcript by:


(1) successfully completing, with or without modification of the curriculum:


(A) the curriculum requirements identified by the State Board of Education under Subsection (a); and


(B) the additional endorsement curriculum requirements prescribed by the State Board of Education under Subsection (c-2); and


(2) successfully completing all curriculum requirements for that endorsement adopted by the State Board of Education:


(A) without modification of the curriculum; or


(B) with modification of the curriculum, provided that the curriculum, as modified, is sufficiently rigorous as determined by the student's admission, review, and dismissal committee.


(c-8) For purposes of Subsection (c-7), the admission, review, and dismissal committee of a student in a special education program under Subchapter A, Chapter 29, shall determine whether the student is required to achieve satisfactory performance on an end-of-course assessment instrument to earn an endorsement on the student's transcript.


(c-10) In adopting rules under Subsection (c-1), the State Board of Education shall adopt or select five technology applications courses on cybersecurity to be included in a cybersecurity pathway for the science, technology, engineering, and mathematics endorsement.


(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 the foundation 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 identify whether a student received a diploma or a certificate of coursework completion.


(e-1) A school district shall clearly indicate a distinguished level of achievement under the foundation high school program as described by Subsection (b-15), an endorsement described by Subsection (c-1), and a performance acknowledgment described by Subsection (c-5) on the transcript of a student who satisfies the applicable requirements. The State Board of Education shall adopt rules as necessary to administer this subsection.


(e-2) At the end of each school year, each school district shall report through the Public Education Information Management System (PEIMS) the number of district students who, during that school year, were:


(1) enrolled in the foundation high school program;


(2) pursuing the distinguished level of achievement under the foundation high school program as provided by Subsection (b-15); and


(3) enrolled in a program to earn an endorsement described by Subsection (c-1).


(e-3) Information reported under Subsection (e-2) must be disaggregated by all student groups served by the district, including categories of race, ethnicity, socioeconomic status, sex, and populations served by special programs, including students in special education programs under Subchapter A, Chapter 29.


(f) A school district shall issue a certificate of attendance to a student who receives special education services under Subchapter A, Chapter 29, and who has completed four years of high school but has not completed the student's individualized education program. A school district shall allow a student who receives a certificate to participate in a graduation ceremony with students receiving high school diplomas. A student may participate in only one graduation ceremony under this subsection. This subsection does not preclude a student from receiving a diploma under Subsection (c)(2).


(g) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(b)(3), eff. September 1, 2014.


(h) Expired.


(i) If an 11th or 12th grade student who is homeless or in the conservatorship of the Department of Family and Protective Services transfers to a different school district and the student is ineligible to graduate from the district to which the student transfers, the district from which the student transferred shall award a diploma at the student's request, if the student meets the graduation requirements of the district from which the student transferred.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 767, Sec. 8, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 397, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 187, Sec. 2, eff. May 19, 2001; Acts 2001, 77th Leg., ch. 834, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 365, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 6.003, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1317, Sec. 10, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 164 (H.B. 25), Sec. 4, eff. May 27, 2005.


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 5.02, eff. May 31, 2006.


Acts 2007, 80th Leg., R.S., Ch. 46 (S.B. 673), Sec. 1, eff. May 28, 2007.


Acts 2007, 80th Leg., R.S., Ch. 763 (H.B. 3485), Sec. 4, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 30, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 714 (H.B. 692), Sec. 1, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 926 (S.B. 1620), Sec. 3, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 9, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 16(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 78(b)(3), eff. September 1, 2014.


Acts 2013, 83rd Leg., R.S., Ch. 214 (H.B. 2201), Sec. 2, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1354 (S.B. 1404), Sec. 4, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 5 (S.B. 149), Sec. 2, eff. May 11, 2015.


Acts 2015, 84th Leg., R.S., Ch. 7 (H.B. 181), Sec. 1, eff. May 13, 2015.


Acts 2015, 84th Leg., R.S., Ch. 96 (H.B. 1430), Sec. 2, eff. May 23, 2015.


Acts 2015, 84th Leg., R.S., Ch. 934 (H.B. 2349), Sec. 1, eff. June 18, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1206 (S.B. 1494), Sec. 4, eff. June 19, 2015.


Acts 2017, 85th Leg., R.S., Ch. 63 (S.B. 671), Sec. 1, eff. May 22, 2017.


Acts 2017, 85th Leg., R.S., Ch. 307 (S.B. 826), Sec. 1, eff. May 29, 2017.


Acts 2017, 85th Leg., R.S., Ch. 513 (S.B. 30), Sec. 3, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 549 (S.B. 463), Sec. 2, eff. June 9, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1088 (H.B. 3593), Sec. 2, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 2, eff. May 7, 2019.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.05, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 625 (S.B. 1374), Sec. 1, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 711 (H.B. 165), Sec. 1, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 739 (H.B. 678), Sec. 1, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.014, eff. June 12, 2019.


Acts 2021, 87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 2, eff. June 7, 2021.


Acts 2021, 87th Leg., R.S., Ch. 433 (S.B. 1063), Sec. 1, eff. June 8, 2021.


Sec. 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:


(A) after 1940 and before 1975; or


(B) after 1989; and


(3) left school after completing the sixth or a higher grade, before graduating from high school, to serve in:


(A) World War II, the Korean War, the Vietnam War, the Persian Gulf War, the Iraq War, or the war in Afghanistan; or


(B) any other war formally declared by the United States, military engagement authorized by the United States Congress, military engagement authorized by a United Nations Security Council resolution and funded by the United States Congress, or conflict authorized by the president of the United States under the War Powers Resolution of 1973 (50 U.S.C. Section 1541 et seq.).


(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, Sec. 1, eff. May 19, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 540 (H.B. 1058), Sec. 1, eff. June 17, 2005.


Acts 2011, 82nd Leg., R.S., Ch. 642 (S.B. 966), Sec. 1, eff. June 17, 2011.


Sec. 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.


(b-1) Expired.


(c) The commissioner may adopt rules necessary to implement this section.


Added by Acts 2005, 79th Leg., Ch. 293 (S.B. 111), Sec. 1, eff. September 1, 2005.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1369 (H.B. 3851), Sec. 1, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 31, eff. June 19, 2009.


Sec. 28.0253. TEXAS FIRST EARLY HIGH SCHOOL COMPLETION PROGRAM. (a) In this section:


(1) "Coordinating board" means the Texas Higher Education Coordinating Board.


(2) "Eligible institution" means an institution of higher education that is designated as a research university or emerging research university under the coordinating board's accountability system.


(3) "Institution of higher education" has the meaning assigned by Section 61.003.


(4) "Program" means the Texas First Early High School Completion Program established under this section.


(b) The agency, in coordination with the coordinating board, shall establish the Texas First Early High School Completion Program to allow public high school students who demonstrate early readiness for college to graduate early from high school. The purpose of the program, in conjunction with the Texas First Scholarship Program established under Subchapter K-1, Chapter 56, is to promote efficiency in the state public education system and incentivize the enrollment of high performing students at eligible institutions.


(c) The coordinating board, in consultation with the agency and eligible institutions, shall by rule establish standards for use in the program regarding:


(1) the specific competencies that demonstrate a student's mastery of each subject area for which the coordinating board and the commissioner have adopted college readiness standards;


(2) the specific competencies that demonstrate a student's mastery of a language other than English; and


(3) acceptable assessments or other means by which a student may demonstrate the student's early readiness for college with respect to each subject area and the language described by Subdivision (2), subject to Subsection (d).


(d) The assessments or other means the coordinating board establishes under Subsection (c)(3) must be equivalent to the assessments or other means eligible institutions commonly use to place students at the institutions in courses that may be credited toward a degree requirement.


(e) A school district or open-enrollment charter school may issue a high school diploma to a student under the program if, using the standards established under Subsection (c), the student demonstrates mastery of and early readiness for college in each of the subject areas described by that subsection and in a language other than English, notwithstanding any other local or state requirements.


(f) A student who earns a high school diploma through the program is considered to have earned a distinguished level of achievement under the foundation high school program adopted under Section 28.025. The student is not guaranteed admission to any institution of higher education or to any academic program at an institution of higher education solely on the basis of having received the diploma through the program. The student may apply for admission to an institution of higher education for the first semester or other academic term after the semester or other academic term in which the student earns a diploma through the program.


(g) On a student's initial enrollment in high school in a grade level below grade 12 in a school district or open-enrollment charter school, the district or school shall provide to the student and the student's parent or guardian information regarding:


(1) the requirements to earn a high school diploma under the program; and


(2) the Texas First Scholarship Program established under Subchapter K-1, Chapter 56.


(h) The agency and the coordinating board shall jointly prepare and post on their respective Internet websites a publication that includes the information required to be provided under Subsection (g) in a form that enables a school district or open-enrollment charter school to reproduce the publication for distribution under that subsection.


Added by Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 32, eff. June 19, 2009.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 17(a), eff. June 10, 2013.


Acts 2021, 87th Leg., R.S., Ch. 962 (S.B. 1888), Sec. 1, eff. June 18, 2021.


Sec. 28.0254. POSTHUMOUS HIGH SCHOOL DIPLOMA FOR CERTAIN STUDENTS. (a) Notwithstanding any other provision of this code, but subject to Subsection (b), on request of the student's parent, a school district shall issue a high school diploma posthumously to each student who died while enrolled in the district at the end of the school year in which the student was expected to graduate under the regular schedule of school attendance. The high school diploma may not be issued before the graduation date of the class in which the student was enrolled at the time of death.


(b) A school district is not required to issue a high school diploma to a student described by Subsection (a) if the student at any time before the student's death was convicted of a felony offense under Title 5 or 6, Penal Code, or adjudicated as having engaged in conduct constituting a felony offense under Title 5 or 6, Penal Code.


Added by Acts 2007, 80th Leg., R.S., Ch. 871 (H.B. 1563), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 122 (H.B. 638), Sec. 1, eff. May 23, 2019.


Sec. 28.02541. DIPLOMA FOR CERTAIN STUDENTS WHO ENTERED NINTH GRADE BEFORE 2011-2012 SCHOOL YEAR. (a) This section applies only to a student who:


(1) entered the ninth grade before the 2011-2012 school year;


(2) successfully completed the curriculum requirements for high school graduation applicable to the student when the student entered the ninth grade;


(3) has not performed satisfactorily on an assessment instrument or a part of an assessment instrument required for high school graduation, including an alternate assessment instrument offered under Section 39.025(c-2); and


(4) has been administered the assessment instrument or the part of the assessment instrument for which the student has not performed satisfactorily at least three times.


(b) Notwithstanding the requirements under this subchapter, the commissioner by rule shall establish a procedure to determine whether a student subject to this section may qualify to graduate and receive a high school diploma as provided by this section.


(c) In adopting rules under this section, the commissioner:


(1) shall designate the school district in which a student is enrolled or was last enrolled to make the decision regarding whether the student qualifies to graduate and receive a high school diploma; and


(2) shall establish criteria for school districts to develop recommendations for alternative requirements by which a student subject to this section may qualify to graduate and receive a high school diploma.


(d) In adopting rules under Subsection (c)(2), the commissioner may authorize as an alternative requirement:


(1) an alternative assessment instrument and performance standard for that assessment instrument;


(2) work experience; or


(3) military or other relevant life experience.


(e) A school district's decision regarding whether the student qualifies to graduate and receive a high school diploma is final and may not be appealed.


(f) The commissioner shall adopt rules to administer this section.


(g) Repealed by Acts 2021, 87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 6, eff. June 7, 2021.


Added by Acts 2017, 85th Leg., R.S., Ch. 549 (S.B. 463), Sec. 3, eff. June 9, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 3, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 4, eff. May 7, 2019.


Acts 2021, 87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 6, eff. June 7, 2021.


For expiration of this section, see Subsection (l).



Sec. 28.0255. PILOT PROGRAM: THREE-YEAR HIGH SCHOOL DIPLOMA PLAN. (a) In this section, "certificate program," "public junior college," "public state college," and "public technical institute" have the meanings assigned by Section 61.003.


(b) This section applies only to a school district:


(1) with an enrollment of more than 150,000 students and located primarily in a county with a population of 2.2 million or more that is adjacent to a county with a population of more than 600,000; or


(2) with an enrollment of more than 5,000 but less than 7,000 students and located primarily in a county that contains the headwaters of the San Gabriel River.


(c) A school district to which this section applies may develop and implement a pilot program for students who wish to obtain a high school diploma after completion of three years of secondary school attendance as an alternative to the traditional four-year period of attendance. The program must include partnerships between the school district and public junior colleges, public technical institutes, public state colleges, and any other public postsecondary institutions in this state offering academic or technical education or vocational training under a certificate program or an associate degree program to facilitate the prompt enrollment of students in those institutions after high school graduation under the program.


(d) Participation by a student in the program must be voluntary, with approval of the student's parent. A student who agrees to participate in the program may, on request, discontinue participation and resume taking courses under a high school program based on a traditional four-year period of attendance.


(e) Notwithstanding Section 28.025, the school district shall specify the curriculum requirements for receiving a high school diploma under the program. The curriculum requirements must ensure that a student who graduates under the program possesses sufficient knowledge and skills in English language arts and mathematics to be capable of performing successfully in public junior college-level courses.


(f) The school district shall submit to the commissioner for approval the district's proposal regarding the scope of the program and the program curriculum requirements. The school district shall also submit the proposed curriculum requirements to the State Board of Education for comment. The district may not implement the program before obtaining the commissioner's approval of the scope of the program and the program curriculum requirements.


(g) A student is entitled to a high school diploma if the student:


(1) successfully complies with the curriculum requirements specified under Subsection (e); and


(2) performs satisfactorily, as determined by the commissioner under Subsection (h), on end-of-course assessment instruments listed under Section 39.023(c) for courses in which the student was enrolled.


(h) For purposes of Subsection (g)(2), the commissioner shall determine the level of satisfactory performance on applicable end-of-course assessment instruments administered to a student.


(i) The school district shall report the academic achievement record of students who have completed the program on a transcript that clearly identifies the program and distinguishes the program from the other high school programs based on a traditional four-year period of attendance.


(j) A student who has received a diploma under the program is exempt from the compulsory school attendance requirements under Section 25.085.


(k) To the extent this section conflicts with any other provision of this code or rule adopted under this code, this section prevails.


(l) This section expires September 1, 2023.


Added by Acts 2013, 83rd Leg., R.S., Ch. 660 (H.B. 1122), Sec. 1, eff. September 1, 2013.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 548 (H.B. 2025), Sec. 1, eff. June 16, 2015.


For expiration of Subsections (f) and (g), see Subsection (g).



Sec. 28.0256. FINANCIAL AID APPLICATION REQUIREMENT FOR HIGH SCHOOL GRADUATION. (a) Before graduating from high school, each student must complete and submit a free application for federal student aid (FAFSA) or a Texas application for state financial aid (TASFA), except as otherwise provided by Subsection (b).


(b) A student is not required to comply with Subsection (a) if:


(1) the student's parent or other person standing in parental relation submits a signed form indicating that the parent or other person authorizes the student to decline to complete and submit the financial aid application;


(2) the student signs and submits the form described by Subdivision (1) on the student's own behalf if the student is 18 years of age or older or the student's disabilities of minority have been removed for general purposes under Chapter 31, Family Code; or


(3) a school counselor authorizes the student to decline to complete and submit the financial aid application for good cause, as determined by the school counselor.


(c) A school district or open-enrollment charter school shall adopt a form to be used for purposes of Subsection (b). The form must:


(1) be approved by the agency;


(2) provide the student or the student's parent or other person standing in parental relation, as applicable, the opportunity to decline to complete and submit a financial aid application, as provided by Subsection (b); and


(3) be made available in English, Spanish, and any other language spoken by a majority of the students enrolled in a bilingual education or special language program under Subchapter B, Chapter 29, in the district or school.


(d) If a school counselor notifies a school district or open-enrollment charter school whether a student has complied with this section for purposes of determining whether the student meets high school graduation requirements under Section 28.025, the school counselor may only indicate whether the student has complied with this section and may not indicate the manner in which the student complied, except as necessary for the district or school to comply with rules adopted under Subsection (e)(2). A school counselor may not indicate that a student has not complied with this section if the school district or open-enrollment charter school fails to provide the form adopted under Subsection (c) to the student or the student's parent or other person standing in parental relation to the student.


(e) The commissioner shall adopt rules as necessary to implement this section, including rules to:


(1) establish:


(A) a timeline for:


(i) the distribution to students of the free application for federal student aid or Texas application for state financial aid and the form adopted under Subsection (c); and


(ii) the submission of a form under Subsection (b);


(B) standards regarding the information that a school district or open-enrollment charter school must provide to students regarding:


(i) in accordance with Section 33.007(b)(5), instructions for filling out the free application for federal student aid or Texas application for state financial aid; and


(ii) the options available to a student under Subsection (b) if the student wishes to decline to complete and submit a financial aid application; and


(C) the method by which a student must provide to a school district or open-enrollment charter school proof that the student has completed and submitted the free application for federal student aid or Texas application for state financial aid as required by this section;


(2) require each school district and open-enrollment charter school to report to the agency:


(A) the number of students who completed and submitted a financial aid application under Subsection (a); and


(B) the number of students who received an exception from complying with Subsection (a) under Subsection (b); and


(3) ensure compliance with federal law regarding confidentiality of student educational information, including the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law relating to the privacy of student information.


(f) The agency shall establish an advisory committee to assist the agency in adopting rules under Subsection (e) to implement this section and to develop recommendations for that purpose. The advisory committee is composed of:


(1) school counselors;


(2) school administrators; and


(3) stakeholders to represent the needs of interested students.


(g) Not later than January 1, 2021, the agency shall report the advisory committee's recommendations to the standing committee of each house of the legislature with jurisdiction over public education. Subsection (f) and this subsection expire January 1, 2023.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.015, eff. June 12, 2019.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 559 (S.B. 369), Sec. 1, eff. June 14, 2021.


Sec. 28.0258. HIGH SCHOOL DIPLOMA AWARDED ON BASIS OF INDIVIDUAL GRADUATION COMMITTEE REVIEW. (a) This section applies only to an 11th or 12th grade student who has failed to comply with the end-of-course assessment instrument performance requirements under Section 39.025 for not more than two courses.


(a-1) Notwithstanding Subsection (a), this section applies to any student in grade 12 during the 2020-2021 school year regardless of whether the student meets the criteria described by Subsection (a). This subsection expires September 1, 2022.


(b) For each student to whom this section applies, the school district that the student attends shall establish an individual graduation committee at the end of or after the student's 11th grade year to determine whether the student may qualify to graduate as provided by this section. A student may not qualify to graduate under this section before the student's 12th grade year. The committee shall be composed of:


(1) the principal or principal's designee;


(2) for each end-of-course assessment instrument on which the student failed to perform satisfactorily, the teacher of the course;


(3) the department chair or lead teacher supervising the teacher described by Subdivision (2); and


(4) as applicable:


(A) the student's parent or person standing in parental relation to the student;


(B) a designated advocate described by Subsection (c) if the person described by Paragraph (A) is unable to serve; or


(C) the student, at the student's option, if the student is at least 18 years of age or is an emancipated minor.


(c) The commissioner by rule shall establish a procedure for appointing an alternative committee member if a person described by Subsection (b) is unable to serve, including appointing a designated advocate for the student if the student's parent or person standing in parental relation to the student is unable to serve. The superintendent of each school district shall establish procedures for the convening of an individual graduation committee.


(c-2) A school district shall provide an appropriate translator, if available, for the appropriate person described under Subsection (b)(4) who is unable to speak English.


(d) The school district shall ensure a good faith effort is made to timely notify the appropriate person described under Subsection (b)(4) of the time and place for convening the individual graduation committee and the purpose of the committee. The notice must be:


(1) provided in person or by regular mail or e-mail;


(2) clear and easy to understand; and


(3) written in English, in Spanish, or, to the extent practicable, in the native language of the appropriate person described by Subsection (b)(4).


(e) To be eligible to graduate and receive a high school diploma under this section, a student must successfully complete the curriculum requirements required for high school graduation identified by the State Board of Education under Section 28.025(a).


(f) Notwithstanding any other law, a student's individual graduation committee established under this section shall recommend additional requirements by which the student may qualify to graduate, including:


(1) additional remediation; and


(2) for each end-of-course assessment instrument on which the student failed to perform satisfactorily:


(A) the completion of a project related to the subject area of the course that demonstrates proficiency in the subject area; or


(B) the preparation of a portfolio of work samples in the subject area of the course, including work samples from the course that demonstrate proficiency in the subject area.


(g) For purposes of Subsection (f), a student may submit to the individual graduation committee coursework previously completed to satisfy a recommended additional requirement.


(h) In determining whether a student for whom an individual graduation committee is established is qualified to graduate, the committee shall consider:


(1) the recommendation of the student's teacher in each course for which the student failed to perform satisfactorily on an end-of-course assessment instrument;


(2) the student's grade in each course for which the student failed to perform satisfactorily on an end-of-course assessment instrument;


(3) the student's score on each end-of-course assessment instrument on which the student failed to perform satisfactorily;


(4) the student's performance on any additional requirements recommended by the committee under Subsection (f);


(5) the number of hours of remediation that the student has attended, including:


(A) attendance in a college preparatory course required under Section 39.025(b-2), if applicable; or


(B) attendance in and successful completion of a transitional college course in reading or mathematics;


(6) the student's school attendance rate;


(7) the student's satisfaction of any of the Texas Success Initiative (TSI) college readiness benchmarks prescribed by the Texas Higher Education Coordinating Board;


(8) the student's successful completion of a dual credit course in English, mathematics, science, or social studies;


(9) the student's successful completion of a high school pre-advanced placement, advanced placement, or international baccalaureate program course in English, mathematics, science, or social studies;


(10) the student's rating of advanced high on the most recent high school administration of the Texas English Language Proficiency Assessment System;


(11) the student's score of 50 or greater on a College-Level Examination Program examination;


(12) the student's score on the ACT, the SAT, or the Armed Services Vocational Aptitude Battery test;


(13) the student's completion of a sequence of courses under a career and technical education program required to attain an industry-recognized credential or certificate;


(14) the student's overall preparedness for postsecondary success; and


(15) any other academic information designated for consideration by the board of trustees of the school district.


(h-1) Notwithstanding Subsection (h), in determining whether a student described by Subsection (a-1) is qualified to graduate, an individual graduation committee is not required to consider criteria under Subsection (h) relating to the student's performance on an end-of-course assessment instrument administered under Section 39.023. This subsection expires September 1, 2022.


(i) After considering the criteria under Subsection (h), the individual graduation committee may determine that the student is qualified to graduate. Notwithstanding any other law, a student for whom an individual graduation committee is established may graduate and receive a high school diploma on the basis of the committee's decision only if the student successfully completes all additional requirements recommended by the committee under Subsection (f), the student meets the requirements of Subsection (e), and the committee's vote is unanimous. The commissioner by rule shall establish a timeline for making a determination under this subsection. This subsection does not create a property interest in graduation. The decision of a committee is final and may not be appealed.


(j) Notwithstanding any action taken by an individual graduation committee under this section, a school district shall administer an end-of-course assessment instrument to any student who fails to perform satisfactorily on an end-of-course assessment instrument as provided by Section 39.025(b). For purposes of Section 39.053(c)(1), an assessment instrument administered as provided by this subsection is considered an assessment instrument required for graduation retaken by a student.


(k) The commissioner shall adopt rules as necessary to implement this section not later than the 2015-2016 school year.


(l) Repealed by Acts 2021, 87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 6, eff. June 7, 2021.


Added by Acts 2015, 84th Leg., R.S., Ch. 5 (S.B. 149), Sec. 3, eff. May 11, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 549 (S.B. 463), Sec. 4, eff. September 1, 2018.


Acts 2017, 85th Leg., R.S., Ch. 549 (S.B. 463), Sec. 5, eff. June 9, 2017.


Acts 2019, 86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 5, eff. May 7, 2019.


Acts 2021, 87th Leg., R.S., Ch. 194 (H.B. 999), Sec. 1, eff. May 31, 2021.


Acts 2021, 87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 6, eff. June 7, 2021.


Sec. 28.0259. SCHOOL DISTRICT REPORTING REQUIREMENTS FOR STUDENTS GRADUATING BASED ON INDIVIDUAL GRADUATION COMMITTEE REVIEW PROCESS. (a) Each school district shall report through the Public Education Information Management System (PEIMS) the number of district students each school year for which an individual graduation committee is established under Section 28.0258 and the number of district students each school year who are awarded a diploma based on the decision of an individual graduation committee as provided by Section 28.0258.


(b) A school district shall report the information required by Subsection (a) not later than December 1 of the school year following the school year the student is awarded a diploma.


(c) The agency shall make the information reported under this section available on the agency's Internet website.


(d) The commissioner shall adopt rules as necessary to implement this section not later than the 2015-2016 school year.


(e) Repealed by Acts 2021, 87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 6, eff. June 7, 2021.


Added by Acts 2015, 84th Leg., R.S., Ch. 5 (S.B. 149), Sec. 3, eff. May 11, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 549 (S.B. 463), Sec. 6, eff. June 9, 2017.


Acts 2017, 85th Leg., R.S., Ch. 549 (S.B. 463), Sec. 7, eff. June 9, 2017.


Acts 2019, 86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 6, eff. May 7, 2019.


Acts 2021, 87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 6, eff. June 7, 2021.


Sec. 28.02591. TEXAS HIGHER EDUCATION COORDINATING BOARD REPORTING REQUIREMENTS FOR STUDENTS GRADUATING BASED ON INDIVIDUAL GRADUATION COMMITTEE REVIEW PROCESS. (a) The Texas Higher Education Coordinating Board, in coordination with the agency, shall collect longitudinal data relating to the post-graduation pursuits of each student who is awarded a diploma based on the determination of an individual graduation committee under Section 28.0258, including whether the student:


(1) enters the workforce;


(2) enrolls in an associate degree or certificate program at a public or private institution of higher education;


(3) enrolls in a bachelor's degree program at a public or private institution of higher education; or


(4) enlists in the armed forces of the United States or the Texas National Guard.


(b) Not later than December 1 of each even-numbered year, the Texas Higher Education Coordinating Board shall provide a report to the legislature that includes a summary compilation of the data collected under Subsection (a) that is presented in a manner that does not identify an individual student.


(c) The Texas Higher Education Coordinating Board and the agency shall adopt rules as necessary to implement this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 549 (S.B. 463), Sec. 8, eff. June 9, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 7, eff. May 7, 2019.


Acts 2021, 87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 3, eff. June 7, 2021.


Sec. 28.026. NOTICE OF REQUIREMENTS FOR AUTOMATIC COLLEGE ADMISSION AND FINANCIAL AID. (a) The board of trustees of a school district and the governing body of each open-enrollment charter school that provides a high school shall require each high school in the district or provided by the charter school, as applicable, to post appropriate signs in each school counselor's office, in each principal's office, and in each administrative building indicating the substance of Section 51.803 regarding automatic college admission and stating the curriculum requirements for financial aid authorized under Title 3. To assist in the dissemination of that information, the district or charter school shall:


(1) require that each school counselor and class advisor at a high school be provided a detailed explanation of the substance of Section 51.803 and the curriculum requirements for financial aid authorized under Title 3;


(2) provide each district or school student, at the time the student first registers for one or more classes required for high school graduation, with a written notification, including a detailed explanation in plain language, of the substance of Section 51.803, the curriculum requirements for financial aid authorized under Title 3, and the benefits of completing the requirements for that automatic admission and financial aid;


(3) require that each school counselor and senior class advisor at a high school explain to eligible students the substance of Section 51.803; and


(b) The commissioner shall adopt forms, including specific language, to use in providing notice under Subsections (a)(2) and (4). In providing notice under Subsection (a)(2) or (4), a school district or open-enrollment charter school shall use the appropriate form adopted by the commissioner. The notice to a student and the student's parent or guardian under Subsections (a)(2) and (4) must be on a single form that contains signature lines to indicate receipt of notice by the student and the student's parent or guardian. The notice under Subsection (a)(2) must be signed by the student's counselor in addition to being signed by the student and the student's parent or guardian.


Added by Acts 1999, 76th Leg., ch. 1511, Sec. 1, eff. June 19, 1999.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1342 (S.B. 175), Sec. 3, eff. June 19, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 18(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 20, eff. June 14, 2013.


Sec. 28.027. APPLIED SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS COURSES. (a) In this section, "applied STEM course" means an applied science, technology, engineering, or mathematics course offered as part of a school district's career and technology education or technology applications curriculum.


Text of subsection as amended by Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 19



(b) The State Board of Education shall establish a process under which an applied STEM course may be reviewed and approved for purposes of satisfying the mathematics and science curriculum requirements for the foundation high school program under Section 28.025 through substitution of the applied STEM course for a specific mathematics or science course otherwise required under the foundation high school program. The State Board of Education may only approve a course to substitute for a science course taken after successful completion of biology.


Text of subsection as amended by Acts 2013, 83rd Leg., R.S., Ch. 214 (H.B. 2201), Sec. 3



(b) The State Board of Education shall establish a process under which an applied STEM course may be reviewed and approved for purposes of satisfying the mathematics and science curriculum requirements for the recommended high school program imposed under Section 28.025(b-1)(1)(A) through substitution of the applied STEM course for a specific mathematics or science course otherwise required under the recommended high school program. The State Board of Education may only approve a course to substitute for a mathematics course taken after successful completion of Algebra I and geometry. The State Board of Education may only approve a course to substitute for a science course taken after successful completion of biology.


(c) The process must provide that an applied STEM course is entitled to be approved for the purpose described by Subsection (b) if the course meets the following requirements:


(1) the applied STEM course is part of a curriculum created by a recognized national or international business and industry group to prepare a student for a national or international business and industry certification or license;


(2) the applied STEM course qualifies as:


(A) a dual credit course; or


(B) an articulated postsecondary course provided for local credit or articulated postsecondary advanced technical credit course provided for state credit;


(3) the essential knowledge and skills covered in the applied STEM course are equivalent to the essential knowledge and skills covered in the mathematics or science course for which the applied STEM course is proposed to be approved for substitution; and


(4) the applied STEM course:


(A) provides substantial mathematics content or science content, as applicable, taught in an applied or symbolic format, that enables a student to develop relevant critical thinking skills necessary for preparation for employment or additional training in a career identified by the Texas Workforce Commission as a high-demand or emerging occupation; and


(B) incorporates college and career readiness skills.


(d) If an applied STEM course approved under this section is part of a coherent sequence of career and technology courses, a student is eligible to enroll in the applied STEM course for the purpose described in Subsection (b) only if the student has completed the prerequisite course work, if any, for the applied STEM course.


Added by Acts 2011, 82nd Leg., R.S., Ch. 926 (S.B. 1620), Sec. 2, eff. June 17, 2011.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 19(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 214 (H.B. 2201), Sec. 3, eff. September 1, 2013.


SUBCHAPTER C. ADVANCED PLACEMENT INCENTIVES



Sec. 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, Sec. 1, eff. May 30, 1995.


Sec. 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, Sec. 1, eff. May 30, 1995.


Sec. 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 a student who:


(1) 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; and


(2) demonstrates financial need as determined in accordance with guidelines adopted by the board that are consistent with the definition of financial need adopted by the college board or the International Baccalaureate Organization.


(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, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 854, Sec. 1, eff. June 20, 2003.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 49.01, eff. September 28, 2011.


Sec. 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 school 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, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 21, eff. June 14, 2013.


Sec. 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, Sec. 1, eff. May 30, 1995.


Sec. 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, Sec. 1, eff. May 30, 1995.


Sec. 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, Sec. 1, eff. May 30, 1995.


Sec. 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, Sec. 1, eff. May 30, 1995.

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EDUCATION CODE CHAPTER 28. COURSES OF STUDY; ADVANCEMENT

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EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES CHAPTER 28. COURSES OF STUDY; ADVANCEMENT SUBCHAPTER A. ESSENTIAL KNOWLEDGE AND SKILLS; CURRICULUM Sec. 28.001. PURPOSE.

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EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE E. STUDENTS AND PARENTS



CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE



SUBCHAPTER A. ADMISSION AND ENROLLMENT



Sec. 25.001. ADMISSION. (a) A person who, on the first day of September of any school year, is at least five years of age and under 21 years of age, or is at least 21 years of age and under 26 years of age and is admitted by a school district to complete the requirements for a high school diploma is entitled to the benefits of the available school fund for that year. Any other person enrolled in a prekindergarten class under Section 29.153 is entitled to the benefits of the available school fund.


(b) The board of trustees of a school district or its designee shall admit into the public schools of the district free of tuition a person who is over five and younger than 21 years of age on the first day of September of the school year in which admission is sought, and may admit a person who is at least 21 years of age and under 26 years of age for the purpose of completing the requirements for a high school diploma, if:


(1) the person and either parent of the person reside in the school district;


(2) the person does not reside in the school district but a parent of the person resides in the school district and that parent is a joint managing conservator or the sole managing conservator or possessory conservator of the person;


(3) the person and the person's guardian or other person having lawful control of the person under a court order reside within the school district;


(4) the person has established a separate residence under Subsection (d);


(5) the person is homeless, regardless of the residence of the person, of either parent of the person, or of the person's guardian or other person having lawful control of the person;


(6) the person is a foreign exchange student placed with a host family that resides in the school district by a nationally recognized foreign exchange program, unless the school district has applied for and been granted a waiver by the commissioner under Subsection (e);


(7) the person resides at a residential facility located in the district;


(8) the person resides in the school district and is 18 years of age or older or the person's disabilities of minority have been removed;


(9) the person does not reside in the school district but the grandparent of the person:


(A) resides in the school district; and


(B) provides a substantial amount of after-school care for the person as determined by the board; or


(10) the person and either parent of the person reside in a residence homestead, as defined by Section 11.13(j), Tax Code, that is located on a parcel of property any part of which is located in the school district.


(b-1) A person who is 21 years of age or older and is admitted by a school district for the purpose stated in Subsection (b) is not eligible for placement in a disciplinary alternative education program or a juvenile justice alternative education program if the person engages in conduct that would require or authorize such placement for a student under the age of 21. If the student engages in conduct that would otherwise require such placement, the district shall revoke admission of the student into the public schools of the district.


(b-2) A person who is 21 years of age or older who is admitted by a school district to complete the requirements for a high school diploma and who has not attended school in the three preceding school years may not be placed with a student who is 18 years of age or younger in a classroom setting, a cafeteria, or another district-sanctioned school activity. Nothing in this subsection prevents a student described by this subsection from attending a school-sponsored event that is open to the public as a member of the public.


(c) The board of trustees of a school district or the board's designee may require evidence that a person is eligible to attend the public schools of the district at the time the board or its designee considers an application for admission of the person. The board of trustees or its designee shall establish minimum proof of residency acceptable to the district. The board of trustees or its designee may make reasonable inquiries to verify a person's eligibility for admission.


(c-1) A person whose parent or guardian is an active-duty member of the armed forces of the United States, including the state military forces or a reserve component of the armed forces, may establish residency for purposes of Subsection (b) by providing to the school district a copy of a military order requiring the parent's or guardian's transfer to a military installation in or adjacent to the district's attendance zone.


(c-2) A person who establishes residency as provided by Subsection (c-1) shall provide to the school district proof of residence in the district's attendance zone not later than the 10th day after the arrival date specified in the order described by that subsection. For purposes of this subsection, "residence" includes residence in a military temporary lodging facility.


(d) For a person under the age of 18 years to establish a residence for the purpose of attending the public schools separate and apart from the person's parent, guardian, or other person having lawful control of the person under a court order, it must be established that the person's presence in the school district is not for the primary purpose of participation in extracurricular activities. The board of trustees shall determine whether an applicant for admission is a resident of the school district for purposes of attending the public schools and may adopt reasonable guidelines for making a determination as necessary to protect the best interests of students. The board of trustees is not required to admit a person under this subsection if the person:


(1) has engaged in conduct or misbehavior within the preceding year that has resulted in:


(A) removal to a disciplinary alternative education program; or


(B) expulsion;


(2) has engaged in delinquent conduct or conduct in need of supervision and is on probation or other conditional release for that conduct; or


(3) has been convicted of a criminal offense and is on probation or other conditional release.


(e) A school district may request that the commissioner waive the requirement that the district admit a foreign exchange student who meets the conditions of Subsection (b)(6). The commissioner shall respond to a district's request not later than the 60th day after the date of receipt of the request. The commissioner shall grant the request and issue a waiver effective for a period not to exceed three years if the commissioner determines that admission of a foreign exchange student would:


(1) create a financial or staffing hardship for the district;


(2) diminish the district's ability to provide high quality educational services for the district's domestic students; or


(3) require domestic students to compete with foreign exchange students for educational resources.


(f) A child placed in foster care by an agency of the state or by a political subdivision shall be permitted to attend the public schools in the district in which the foster parents reside free of any charge to the foster parents or the agency. A durational residence requirement may not be used to prohibit that child from fully participating in any activity sponsored by the school district.


(g) A student who was enrolled in a primary or secondary public school before the student entered the conservatorship of the Department of Family and Protective Services and who is placed at a residence outside the attendance area for the school or outside the school district is entitled to continue to attend the school in which the student was enrolled immediately before entering conservatorship until the student successfully completes the highest grade level offered by the school at the time of placement without payment of tuition. The student is entitled to continue to attend the school regardless of whether the student remains in the conservatorship of the department for the duration of the student's enrollment in the school.


(g-1) If a student who is in the conservatorship of the department is enrolled in a primary or secondary public school, other than the school in which the student was enrolled at the time the student was placed in the conservatorship of the department, the student is entitled to continue to attend that school without payment of tuition until the student successfully completes the highest grade level offered by the school at the time of enrollment in the school, even if the child's placement is changed to a residence outside the attendance area for that school or outside the school district. The student is entitled to continue to attend the school regardless of whether the student remains in the conservatorship of the department for the duration of the student's enrollment in the school.


(h) In addition to the penalty provided by Section 37.10, Penal Code, a person who knowingly falsifies information on a form required for enrollment of a student in a school district is liable to the district if the student is not eligible for enrollment in the district but is enrolled on the basis of the false information. The person is liable, for the period during which the ineligible student is enrolled, for the greater of:


(1) the maximum tuition fee the district may charge under Section 25.038; or


(2) the amount the district has budgeted for each student as maintenance and operating expenses.


(i) A school district may include on an enrollment form notice of the penalties provided by Section 37.10, Penal Code, and of the liability provided by Subsection (h) for falsifying information on the form.


(j) For the purposes of this subchapter, the board of trustees of a school district by policy may allow a person showing evidence of legal responsibility for a child other than an order of a court to substitute for a guardian or other person having lawful control of the child under an order of a court.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1019, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.08, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1055, Sec. 2, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 164 (H.B. 25), Sec. 2, eff. May 27, 2005.


Acts 2005, 79th Leg., Ch. 920 (H.B. 283), Sec. 1, eff. June 18, 2005.


Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 1, eff. June 15, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 4.002, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 9, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 3, eff. May 28, 2015.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 1, eff. September 1, 2015.


Acts 2019, 86th Leg., R.S., Ch. 262 (H.B. 1597), Sec. 1, eff. May 28, 2019.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.03, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 823 (H.B. 2526), Sec. 1, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.016, eff. September 1, 2019.


Sec. 25.0011. CERTAIN INCARCERATED CHILDREN. (a) For purposes of Section 25.001, a person is not considered to reside in a school district if:


(1) the person is incarcerated in a private juvenile detention facility in the district as a result of the order of a court in another state; and


(2) the person resided in another state or country immediately before incarceration in the facility.


(b) A school district may provide educational services to a person described by Subsection (a) if the district is fully compensated for the cost of the services through payment of tuition for the person by the operator of the juvenile detention facility or other person having lawful control of the person in an amount equal to the actual cost of educating the person.


(c) For purposes of this section, "private juvenile detention facility" means a juvenile detention facility that is not operated by a governmental entity.


Added by Acts 1999, 76th Leg., ch. 1477, Sec. 30, eff. Sept. 1, 1999.


Sec. 25.002. REQUIREMENTS FOR ENROLLMENT. (a) If a parent or other person with legal control of a child under a court order enrolls the child in a public school, the parent or other person or the school district in which the child most recently attended school shall furnish to the school district:


(1) the child's birth certificate or another document suitable as proof of the child's identity;


(2) a copy of the child's records from the school the child most recently attended if the child has been previously enrolled in a school in this state or another state; and


(3) a record showing that the child has the immunizations as required under Section 38.001, in the case of a child required under that section to be immunized, proof as required by that section showing that the child is not required to be immunized, or proof that the child is entitled to provisional admission under that section and under rules adopted under that section.


(a-1) Information a school district furnishes under Subsections (a)(1) and (2) must be furnished by the district not later than the 10th working day after the date a request for the information is received by the district. Information a parent or other person with legal control of a child under a court order furnishes under Subsections (a)(1) and (2) must be furnished by the parent or other person not later than the 30th day after the date a child is enrolled in a public school. If a parent or other person with legal control of a child under a court order requests that a district transfer a child's student records, the district to which the request is made shall notify the parent or other person as soon as practicable that the parent or other person may request and receive an unofficial copy of the records for delivery in person to a school in another district.


(b) If a child is enrolled under a name other than the child's name as it appears in the identifying document or records, the school district shall notify the missing children and missing persons information clearinghouse of the child's name as shown on the identifying document or records and the name under which the child is enrolled. The information in the notice is confidential and may be released only to a law enforcement agency.


(c) If the information required by Subsection (a) is not furnished to the district within the period provided by that subsection, the district shall notify the police department of the municipality or sheriff's department of the county in which the district is located and request a determination of whether the child has been reported as missing.


(d) When accepting a child for enrollment, the school district shall inform the parent or other person enrolling the child that presenting a false document or false records under this section is an offense under Section 37.10, Penal Code, and that enrollment of the child under false documents subjects the person to liability for tuition or costs under Section 25.001(h).


(e) A person commits an offense if the person enrolls a child in a public school and fails to furnish an identifying document or record relating to the child on the request of a law enforcement agency conducting an investigation in response to a notification under Subsection (c). An offense under this subsection is a Class B misdemeanor.


(f) Except as otherwise provided by this subsection, for a child to be enrolled in a public school, the child must be enrolled by the child's parent or by the child's guardian or other person with legal control of the child under a court order. A school district shall record the name, address, and date of birth of the person enrolling a child.


(g) A school district shall accept a child for enrollment in a public school without the documentation required by Subsection (a) if the Department of Protective and Regulatory Services has taken possession of the child under Chapter 262, Family Code. The Department of Protective and Regulatory Services shall ensure that the documentation required by Subsection (a) is furnished to the school district not later than the 30th day after the date the child is enrolled in the school.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 34, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1514, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 234, Sec. 2, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 164 (H.B. 25), Sec. 3, eff. May 27, 2005.


Sec. 25.0021. USE OF LEGAL SURNAME. In each public school a student must be identified by the student's legal surname as that name appears:


(1) on the student's birth certificate or other document suitable as proof of the student's identity; or


(2) in a court order changing the student's name.


Added by Acts 2001, 77th Leg., ch. 1300, Sec. 1, eff. Sept. 1, 2001.


Sec. 25.0022. FOOD ALLERGY INFORMATION REQUESTED UPON ENROLLMENT. (a) In this section, "severe food allergy" means a dangerous or life-threatening reaction of the human body to a food-borne allergen introduced by inhalation, ingestion, or skin contact that requires immediate medical attention.


(b) On enrollment of a child in a public school, a school district shall request, by providing a form or otherwise, that a parent or other person with legal control of the child under a court order:


(1) disclose whether the child has a food allergy or a severe food allergy that, in the judgment of the parent or other person with legal control, should be disclosed to the district to enable the district to take any necessary precautions regarding the child's safety; and


(2) specify the food to which the child is allergic and the nature of the allergic reaction.


(c) A school district shall maintain the confidentiality of information provided under this section, and may disclose the information to teachers, school counselors, school nurses, and other appropriate school personnel only to the extent consistent with district policy under Section 38.009 and permissible under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).


(d) Except as provided by Subsections (e) and (f), information regarding a child's food allergy, regardless of how it is received by the school or school district, shall be retained in the child's student records but may not be placed in the health record maintained for the child by the school district.


(e) If the school receives documentation of a food allergy from a physician, that documentation shall be placed in the health record maintained for the child by the school district.


(f) A registered nurse may enter appropriate notes about a child's possible food allergy in the health record maintained for the child by the school district, including a notation that the child's student records indicate that a parent has notified the school district of the child's possible food allergy.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1276 (H.B. 742), Sec. 1, eff. June 17, 2011.


Sec. 25.003. TUITION FOR CERTAIN CHILDREN FROM OTHER STATES. (a) Notwithstanding any other provision of this code, a school district shall charge tuition for a child who resides at a residential facility and whose maintenance expenses are paid in whole or in part by another state or the United States.


(b) A tuition charge under this section must be submitted to the commissioner for approval.


(c) The attendance of the child is not counted for purposes of allocating state funds to the district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.09, eff. Sept. 1, 1999.


Sec. 25.0031. TUITION FOR STUDENTS HOLDING CERTAIN STUDENT VISAS. (a) Notwithstanding any other provision of this code, if a student is required, as a condition of obtaining or holding the appropriate United States student visa, to pay tuition to the school district or open-enrollment charter school that the student attends to cover the cost of the student's education provided by the district or charter school, the district or charter school shall accept tuition for the student in an amount equal to the full unsubsidized per capita cost of providing the student's education for the period of the student's attendance at school in the district or at the charter school.


(b) The commissioner shall, for purposes of Subsection (a), develop guidelines for determining the amount of the full unsubsidized per capita cost of providing a student's education. A school district or open-enrollment charter school may not accept tuition in an amount greater than the amount computed under the commissioner's guidelines unless the commissioner approves a greater amount as a more accurate reflection of the cost of education to be provided by the district or charter school.


(c) Notwithstanding any other provision of this code, the attendance of a student for whom a school district or open-enrollment charter school accepts tuition under this section is not counted for purposes of allocating state funds to the district or charter school.


Added by Acts 2013, 83rd Leg., R.S., Ch. 523 (S.B. 453), Sec. 1, eff. June 14, 2013.


Sec. 25.004. TUITION FOR CERTAIN MILITARY DEPENDENTS PROHIBITED. A school district may not charge tuition for the attendance of a student who is domiciled in another state and resides in military housing that is located in the district but is exempt from taxation by the district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 526, Sec. 1, eff. Sept. 11, 2001.


Sec. 25.005. RECIPROCITY AGREEMENTS REGARDING MILITARY PERSONNEL AND DEPENDENTS. (a) To facilitate the transfer of military personnel and their dependents to and from the public schools of this state, the agency shall pursue reciprocity agreements governing the terms of those transfers with other states that are not parties to the Interstate Compact on Educational Opportunity for Military Children adopted under Chapter 162.


(b) A reciprocity agreement must:


(1) address procedures for:


(A) transferring student records;


(B) awarding credit for completed course work; and


(C) permitting a student to satisfy the requirements of Section 39.025 through successful performance on comparable end-of-course or other exit-level assessment instruments administered in another state; and


(2) include appropriate criteria developed by the agency.


Added by Acts 2001, 77th Leg., ch. 1073, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 149, Sec. 24, eff. May 27, 2003; Acts 2003, 78th Leg., ch. 445, Sec. 1, eff. June 20, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 3, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 8 (S.B. 90), Sec. 2, eff. May 5, 2009.


Sec. 25.006. TRANSITION ASSISTANCE FOR MILITARY DEPENDENTS. (a) The legislature finds that:


(1) school-age dependents of military personnel are faced with numerous transitions during their formative years; and


(2) military dependents who move from one school to another during the high school years are faced with special challenges to learning and future achievement.


(b) In recognition of the challenges faced by military dependents and the importance of military families to our community and economy, the agency shall assist the transition of military students from one school to another by:


(1) improving the timely transfer of student records;


(2) developing systems to ease student transition during the first two weeks of enrollment at a new school;


(3) promoting practices that foster student access to extracurricular programs;


(4) establishing procedures to lessen the adverse impact of student moves to a new school after the end of the student's junior year of high school;


(5) encouraging or maintaining partnerships between military bases and affected school districts;


(6) encouraging school districts to provide services for military students in transition when applying for admission to postsecondary study and when seeking sources of funding for postsecondary study; and


(7) providing other assistance as identified by the agency.


(c) The agency shall collect data each year from school districts and open-enrollment charter schools through the Public Education Information Management System (PEIMS) relating to the enrollment of military-connected students. The data relating to the enrollment of military-connected students under this section:


(1) must include the number of active duty military-connected students and the number of National Guard or reserve military-connected students enrolled in the school district or open-enrollment charter school on a date at the beginning of the school year specified by the agency and a date at the end of the school year specified by the agency; and


(2) may not be used for purposes of determining a campus or district performance rating under Section 39.054.


(d) In this section, "military-connected student" means a student enrolled in a school district or open-enrollment charter school who:


(1) is a dependent of a current or former member of:


(A) the United States military;


(B) the Texas National Guard; or


(C) a reserve force of the United States military; or


(2) was a dependent of a member of a military or reserve force described by Subdivision (1) who was killed in the line of duty.


Added by Acts 2005, 79th Leg., Ch. 164 (H.B. 25), Sec. 1, eff. May 27, 2005.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 173 (H.B. 525), Sec. 1, eff. May 25, 2013.


Acts 2019, 86th Leg., R.S., Ch. 269 (S.B. 1557), Sec. 1, eff. May 28, 2019.


Sec. 25.007. TRANSITION ASSISTANCE FOR STUDENTS WHO ARE HOMELESS OR IN SUBSTITUTE CARE. (a) The legislature finds that:


(1) students who are homeless or in substitute care are faced with numerous transitions during their formative years; and


(2) students who are homeless or in substitute care who move from one school to another are faced with special challenges to learning and future achievement.


(a-1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 3.01(2), eff. June 10, 2019.


(b) In recognition of the challenges faced by students who are homeless or in substitute care, the agency shall assist the transition of students who are homeless or in substitute care from one school to another by:


(1) ensuring that school records for a student who is homeless or in substitute care are transferred to the student's new school not later than the 10th working day after the date the student begins enrollment at the school;


(2) developing systems to ease transition of a student who is homeless or in substitute care during the first two weeks of enrollment at a new school;


(3) developing procedures for awarding credit, including partial credit if appropriate, for course work, including electives, completed by a student who is homeless or in substitute care while enrolled at another school;


(4) developing procedures to ensure that a new school relies on decisions made by the previous school regarding placement in courses or educational programs of a student who is homeless or in substitute care and places the student in comparable courses or educational programs at the new school, if those courses or programs are available;


(5) promoting practices that facilitate access by a student who is homeless or in substitute care to extracurricular programs, summer programs, credit transfer services, electronic courses provided under Chapter 30A, and after-school tutoring programs at nominal or no cost;


(6) establishing procedures to lessen the adverse impact of the movement of a student who is homeless or in substitute care to a new school;


(7) entering into a memorandum of understanding with the Department of Family and Protective Services regarding the exchange of information as appropriate to facilitate the transition of students in substitute care from one school to another;


(8) encouraging school districts and open-enrollment charter schools to provide services for a student who is homeless or in substitute care in transition when applying for admission to postsecondary study and when seeking sources of funding for postsecondary study;


(9) requiring school districts, campuses, and open-enrollment charter schools to accept a referral for special education services made for a student who is homeless or in substitute care by a school previously attended by the student, and to provide comparable services to the student during the referral process or until the new school develops an individualized education program for the student;


(10) requiring school districts, campuses, and open-enrollment charter schools to provide notice to the child's educational decision-maker and caseworker regarding events that may significantly impact the education of a child, including:


(A) requests or referrals for an evaluation under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or special education under Section 29.003;


(B) admission, review, and dismissal committee meetings;


(C) manifestation determination reviews required by Section 37.004(b);


(D) any disciplinary actions under Chapter 37 for which parental notice is required;


(E) citations issued for Class C misdemeanor offenses on school property or at school-sponsored activities;


(F) reports of restraint and seclusion required by Section 37.0021;


(G) use of corporal punishment as provided by Section 37.0011; and


(H) appointment of a surrogate parent for the child under Section 29.0151;


(11) developing procedures for allowing a student who is homeless or in substitute care who was previously enrolled in a course required for graduation the opportunity, to the extent practicable, to complete the course, at no cost to the student, before the beginning of the next school year;


(12) ensuring that a student who is homeless or in substitute care who is 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, has the student's course credit accrual and personal graduation plan reviewed;


(13) ensuring that a student in substitute care who is in grade 11 or 12 be provided information regarding tuition and fee exemptions under Section 54.366 for dual-credit or other courses provided by a public institution of higher education for which a high school student may earn joint high school and college credit;


(14) designating at least one agency employee to act as a liaison officer regarding educational issues related to students in the conservatorship of the Department of Family and Protective Services; and


(15) providing other assistance as identified by the agency.


(c) The commissioner may establish rules to implement this section and to facilitate the transition between schools of children who are homeless or in substitute care.


Added by Acts 2009, 81st Leg., R.S., Ch. 850 (S.B. 2248), Sec. 1, eff. June 19, 2009.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 10, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1354 (S.B. 1404), Sec. 1, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 746 (H.B. 1804), Sec. 1, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 822 (H.B. 3748), Sec. 1, eff. June 17, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1206 (S.B. 1494), Sec. 1, eff. June 19, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1206 (S.B. 1494), Sec. 2, eff. June 19, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1206 (S.B. 1494), Sec. 3, eff. June 19, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 5.002, eff. September 1, 2015.


Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 419 (S.B. 1220), Sec. 1, eff. June 1, 2017.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 419 (S.B. 1220), Sec. 2, eff. June 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 3.01(2), eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 781 (H.B. 1709), Sec. 1, eff. June 10, 2019.


Sec. 25.008. ENROLLMENT IN SUMMER SCHOOL COURSE BY PERSON NOT ENROLLED IN DISTRICT. (a) Except as provided by Subsection (b), a school district shall permit a person who is eligible under Section 25.001 to attend school in the district but who is not enrolled in school in the district to enroll in a district summer school course on the same basis as a district student, including:


(1) satisfaction of any course eligibility requirement; and


(2) payment of any fee authorized under Section 11.158 that is charged in connection with the course.


(b) Subsection (a) does not apply to enrollment in a program under Section 29.088 or 29.090 or in a similar intensive program.


Added by Acts 2013, 83rd Leg., R.S., Ch. 344 (H.B. 2137), Sec. 1, eff. June 14, 2013.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.017, eff. September 1, 2019.


SUBCHAPTER B. ASSIGNMENTS AND TRANSFERS



Sec. 25.031. ASSIGNMENTS AND TRANSFERS IN DISCRETION OF GOVERNING BOARD. In conformity with this subchapter, the board of trustees of a school district or the board of county school trustees or a school employee designated by the board may assign and transfer any student from one school facility or classroom to another within its jurisdiction.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.032. BASIS FOR ASSIGNMENT OR TRANSFER. The board of trustees of a school district, the board of county school trustees, or the person acting for the board must make the decision concerning the assignment or transfer of a student on an individual basis and may not consider as a factor in its decision any matter relating to the national origin of the student or the student's ancestral language.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.033. ASSIGNMENT OR TRANSFER ON PETITION OF PARENT. The parent or person standing in parental relation to any student may by petition in writing either:


(1) request the assignment or transfer of the student to a designated school or to a school to be designated by the board; or


(2) file objections to the assignment of the student to the school to which the student has been assigned.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.034. HEARING; ACTION ON PETITION; APPEAL. (a) On receiving a petition under Section 25.033, the board of trustees of the school district or the board of county school trustees shall:


(1) if a hearing is not requested, act on the petition not later than the 30th day after the date the petition is submitted and notify the petitioner of the board's conclusion; or


(2) if a hearing is requested, designate a time and place for holding a hearing not later than the 30th day after the date the petition is submitted.


(b) If a hearing is requested, it shall be conducted by the board in compliance with this section.


(c) The petitioner may present evidence relevant to the individual student.


(d) The board may conduct investigations as to the objection or request, examine any student involved, and employ agents, professional or otherwise, for the purpose of examinations and investigations.


(e) The board must grant the request made in the petition unless the board determines that there is a reasonable basis for denying the request. The decision of the board, either with or without hearing, is final unless the student, or the parent, guardian, or custodian of the student as next friend, files exception to the decision of the board as constituting a denial of any right of the student guaranteed under the United States Constitution.


(f) If an exception is filed under Subsection (e), the board may reconsider its decision. If the board has not ruled on the exception before the 16th day after the date of the filing, the exception is considered overruled. If the exception is overruled, an appeal of the board's decision may be filed in the district court of the county in which the board is located. The petition must:


(1) be filed not later than the 30th day after the date of the board's final decision; and


(2) state the facts relevant to the student that relate to the alleged denial of the student's rights under the United States Constitution.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.0341. TRANSFER OF STUDENTS INVOLVED IN SEXUAL ASSAULT. (a) This section applies only to:


(1) a student:


(A) who has been convicted of continuous sexual abuse of young child or children under Section 21.02, Penal Code, or convicted of or placed on deferred adjudication for the offense of sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code, committed against another student who, at the time the offense occurred, was assigned to the same campus as the student convicted or placed on deferred adjudication;


(B) who has been adjudicated under Section 54.03, Family Code, as having engaged in conduct described by Paragraph (A);


(C) whose prosecution under Section 53.03, Family Code, for engaging in conduct described by Paragraph (A) has been deferred; or


(D) who has been placed on probation under Section 54.04(d)(1), Family Code, for engaging in conduct described by Paragraph (A); and


(2) a student who is the victim of conduct described by Subdivision (1)(A).


(b) On the request of a parent or other person with authority to act on behalf of a student who is a victim to whom Subsection (a)(2) applies:


(1) the board of trustees of the school district shall transfer the student to:


(A) a district campus other than:


(i) the campus to which the student was assigned at the time the conduct occurred; or


(ii) the campus to which the student who engaged in the conduct is assigned, if the student who engaged in the conduct has been assigned to a different campus since the conduct occurred; or


(B) a neighboring school district, if there is only one campus in the district serving the grade level in which the student is enrolled; or


(2) if the student does not wish to transfer to another campus or district, the board of trustees shall transfer the student who engaged in the conduct to:


(A) a district campus other than the campus to which the student who is the victim of the conduct is assigned; or


(B) the district's disciplinary alternative education program or juvenile justice alternative education program, if there is only one campus in the district serving the grade level in which the student who engaged in the conduct is enrolled.


(c) A transfer under Subsection (b)(1) must be to a campus or school district, as applicable, agreeable to the parent or other person with authority to act on the student's behalf.


(d) To the extent permitted under federal law, a school district shall notify the parent or other person with authority to act on behalf of a student who is a victim to whom Subsection (a)(2) applies of the campus or program to which the student who engaged in conduct described by Subsection (a)(1)(A) is assigned.


(e) This section applies regardless of whether the conduct occurred on or off of school property.


(f) Section 25.034 does not apply to a transfer under this section.


(g) A school district is not required to provide transportation to a student who transfers to another campus or school district under this section.


Added by Acts 2005, 79th Leg., Ch. 997 (H.B. 308), Sec. 1, eff. June 18, 2005.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.25, eff. September 1, 2007.


Sec. 25.0342. TRANSFER OF STUDENTS WHO ARE VICTIMS OF OR HAVE ENGAGED IN BULLYING.


(a) In this section, "bullying" has the meaning assigned by Section 37.0832.


(b) On the request of a parent or other person with authority to act on behalf of a student who is a victim of bullying, the board of trustees of a school district or the board's designee shall transfer the victim to:


(1) another classroom at the campus to which the victim was assigned at the time the bullying occurred; or


(2) a campus in the school district other than the campus to which the victim was assigned at the time the bullying occurred.


(b-1) The board of trustees of a school district may transfer the student who engaged in bullying to:


(1) another classroom at the campus to which the victim was assigned at the time the bullying occurred; or


(2) a campus in the district other than the campus to which the victim was assigned at the time the bullying occurred, in consultation with a parent or other person with authority to act on behalf of the student who engaged in bullying.


(b-2) Section 37.004 applies to a transfer under Subsection (b-1) of a student with a disability who receives special education services.


(c) The board of trustees or the board's designee shall verify that a student has been a victim of bullying before transferring the student under this section.


(d) The board of trustees or the board's designee may consider past student behavior when identifying a bully.


(e) The determination by the board of trustees or the board's designee is final and may not be appealed.


(f) A school district is not required to provide transportation to a student who transfers to another campus under Subsection (b)(2).


(g) Section 25.034 does not apply to a transfer under this section.


Added by Acts 2005, 79th Leg., Ch. 920 (H.B. 283), Sec. 2, eff. June 18, 2005.


Renumbered from Education Code, Section 25.0341 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(12), eff. September 1, 2007.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 2, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 3, eff. June 17, 2011.


Sec. 25.0343. TRANSFER OF STUDENTS RESIDING IN HOUSEHOLD OF STUDENT RECEIVING SPECIAL EDUCATION SERVICES. (a) If, for the purpose of receiving special education services under Subchapter A, Chapter 29, a school district assigns a student to a district campus other than the campus the student would attend based on the student's residence, the district shall permit the student's parent, guardian, or other person standing in parental relation to the student to obtain a transfer to the assigned campus for any other student residing in the household of the student receiving special education services, provided that:


(1) the other student is entitled under Section 25.001 to attend school in the district; and


(2) the appropriate grade level for the other student is offered at the campus.


(b) A school district is not required to provide transportation to a student who transfers to another campus under this section. This subsection does not affect any transportation services provided by the district in accordance with other law for the student receiving special education services.


(c) Section 25.034 does not apply to a transfer under this section.


(d) This section does not apply if the student receiving special education services resides in a residential facility.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 12.01, eff. May 31, 2006.


Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. The boards of trustees of two or more adjoining school districts or the boards of county school trustees of two or more adjoining counties may, by agreement and in accordance with Sections 25.032, 25.033, and 25.034, arrange for the transfer and assignment of any student from the jurisdiction of one board to that of another. In the case of the transfer and assignment of a student under this section, the participating governing boards shall also agree to the transfer of school funds or other payments proportionate to the transfer of attendance.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.036. TRANSFER OF STUDENT. (a) Any child, other than a high school graduate, who is younger than 21 years of age and eligible for enrollment on September 1 of any school year may transfer annually from the child's school district of residence to another district in this state if both the receiving district and the applicant parent or guardian or person having lawful control of the child jointly approve and timely agree in writing to the transfer.


(b) A transfer agreement under this section shall be filed and preserved as a receiving district record for audit purposes of the agency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.037. TRANSFER OF STATE FUNDS. On the timely filing with the agency of notice of a child's transfer and certification by the agency of the transfer, the state available school fund apportionment transfers with the child. For purposes of computing state allotments to school districts under the Foundation School Program, the attendance of the child before the date of transfer is counted by the transfer sending district and the attendance of the child after the date of transfer is counted by the transfer receiving district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.038. TUITION FEE FOR TRANSFER STUDENTS. The receiving school district may charge a tuition fee to the extent that the district's actual expenditure per student in average daily attendance, as determined by its board of trustees, exceeds the sum the district benefits from state aid sources as provided by Section 25.037. However, unless a tuition fee is prescribed and set out in a transfer agreement before its execution by the parties, an increase in tuition charge may not be made for the year of that transfer that exceeds the tuition charge, if any, of the preceding school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.039. CONTRACTS AND TUITION FOR EDUCATION OUTSIDE DISTRICT. (a) A school district that does not offer each grade level from kindergarten through grade 12 may provide by contract for students residing in the district who are at grade levels not offered by the district to be educated at those grade levels in one or more other districts. In each contract, the districts also shall agree to the transfer of school funds or other payments proportionate to the transfer of attendance.


(b) The school district in which the students reside shall pay tuition to any district with which it has a contract under this section for each of its students attending school in that district at a grade level for which the district has contracted. The amount of the tuition paid may not exceed the greater of the amount provided for by Section 25.038 or an amount specified by commissioner rule.


(c) A school district is not required to pay tuition to any district with which it has not contracted for the attendance by any of its students at a grade level for which it has contracted under this section with another district.


(d) A contract under this section may not be for a period exceeding five years.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 1.32, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1069, Sec. 1, eff. Sept. 1, 2003.


Sec. 25.040. TRANSFER TO DISTRICT OF BORDERING STATE. Any child entitled to attend the public school of any school district situated on the border of Louisiana, Arkansas, Oklahoma, or New Mexico who finds it more convenient to attend the public school in a district in the contiguous state may have the apportionment of the state and county available school funds paid to the school district of the contiguous state and may have additional tuition, if necessary, paid by the district of the child's residence on terms agreed on by the trustees of the receiving district and the trustees of the residence district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.041. TRANSFER OF CHILDREN OR WARDS OF EMPLOYEES OF STATE SUPPORTED LIVING CENTERS. A school-age child or ward of an employee of a state supported living center for persons with intellectual disabilities constituted as a school district who resides in the boundaries of center property but who is not a student at the center is entitled to attend school in a district adjacent to the center free of any charge to the child's or ward's parent or guardian provided the parent or guardian is required by the superintendent of the center to live on the grounds of the center for the convenience of this state. A tuition charge required by the admitting district shall be paid by the district constituting the state supported living center out of funds allotted to it by the agency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 1, eff. September 1, 2019.


Sec. 25.042. TRANSFER OF CHILDREN OF EMPLOYEES OF TEXAS JUVENILE JUSTICE DEPARTMENT FACILITIES. A school-age child of an employee of a facility of the Texas Juvenile Justice Department is entitled to attend school in a school district adjacent to the district in which the student resides free of any charge to the student's parents or guardian. Any tuition charge required by the admitting district shall be paid by the district from which the student transfers out of any funds appropriated to the facility.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 21, eff. September 1, 2015.


Sec. 25.043. CLASSROOM PLACEMENT OF MULTIPLE BIRTH SIBLINGS. (a) In this section:


(1) "Multiple birth sibling" means a twin, triplet, quadruplet, or other sibling resulting from a multiple birth.


(2) "Parent" includes a person standing in parental relation.


(b) The parent of multiple birth siblings who are assigned to the same grade level and school may request in writing, not later than the 14th day after the first day of enrollment, that the school place the siblings in the same classroom or in separate classrooms.


(c) Except as provided by Subsection (d) or (g), a school shall provide the multiple birth siblings with the classroom placement requested by the parent.


(d) At the end of the first grading period following the multiple birth siblings' enrollment in the school, if the principal of the school, in consultation with the teacher of each classroom in which the multiple birth siblings are placed, determines that the requested classroom placement is disruptive to the school, the principal may determine the appropriate classroom placement for the siblings.


(e) A parent may appeal the principal's classroom placement of multiple birth siblings in the manner provided by school district policy. During an appeal, the multiple birth siblings shall remain in the classroom chosen by the parent.


(f) The school may recommend to a parent the appropriate classroom placement for the multiple birth siblings and may provide professional educational advice to assist the parent with the decision regarding appropriate classroom placement.


(g) A school district is not required to place multiple birth siblings in separate classrooms if the request would require the school district to add an additional class to the grade level of the multiple birth siblings.


(h) This section does not affect:


(1) a right or obligation under Subchapter A, Chapter 29, or under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) regarding the individual placement decisions of the school district admission, review, and dismissal committee; or


(2) the right of a school district or teacher to remove a student from a classroom under Chapter 37.


Added by Acts 2007, 80th Leg., R.S., Ch. 91 (H.B. 314), Sec. 1, eff. May 15, 2007.


SUBCHAPTER C. OPERATION OF SCHOOLS AND SCHOOL ATTENDANCE



Sec. 25.081. OPERATION OF SCHOOLS. (a) Except as authorized under Subsection (b) of this section, Section 25.0815, Section 25.084, or Section 29.0821, for each school year each school district must operate for at least 75,600 minutes, including time allocated for instruction, intermissions, and recesses for students.


(b) The commissioner may approve the operation of schools for fewer than the number of minutes required under Subsection (a) if disaster, flood, extreme weather conditions, fuel curtailment, or another calamity causes the closing of schools.


(c) If the commissioner does not approve reduced operation time under Subsection (b), a school district may add additional minutes to the end of the district's normal school hours as necessary to compensate for minutes lost due to school closures caused by disaster, flood, extreme weather conditions, fuel curtailment, or another calamity.


(d) The commissioner may adopt rules to implement this section, including rules:


(1) for the application, on the basis of the minimum minutes of operation required by Subsection (a), of any provision of this title that refers to a minimum number of days of instruction under this section;


(2) to determine the minutes of operation that are equivalent to a day;


(3) defining minutes of operation and instructional time; and


(4) establishing the minimum number of minutes of instructional time required for a full-day and a half-day program to meet the time requirements under Subsection (a).


(e) A school district or education program is exempt from the minimum minutes of operation requirement if the district's or program's average daily attendance is calculated under Section 48.005(j).


(f) The commissioner may proportionally reduce the amount of funding a district receives under Chapter 46, 48, or 49 and the average daily attendance calculation for the district if the district operates on a calendar that provides fewer minutes of operation than required under Subsection (a).


(g) A school district may not provide student instruction on Memorial Day. If a school district would be required to provide student instruction on Memorial Day to compensate for minutes of instruction lost because of school closures caused by disaster, flood, extreme weather conditions, fuel curtailment, or another calamity, the commissioner shall approve the instruction of students for fewer than the number of minutes required under Subsection (a).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 824, Sec. 2, eff. June 20, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1084 (H.B. 2610), Sec. 1, eff. June 19, 2015.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 1, eff. June 15, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1144 (H.B. 441), Sec. 1, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 5, eff. June 6, 2019.


Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(5), eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.018, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.019, eff. September 1, 2019.


Sec. 25.0811. FIRST DAY OF INSTRUCTION. (a) Except as provided by this section, a school district may not begin instruction for students for a school year before the fourth Monday in August. A school district may:


(1) begin instruction for students for a school year before the fourth Monday in August if the district operates a year-round system under Section 25.084; or


(2) begin instruction for students for a school year on or after the first Monday in August at a campus or at not more than 20 percent of the campuses in the district if:


(A) the district has a student enrollment of 190,000 or more;


(B) the district at the beginning of the school year provides, financed with local funds, days of instruction for students at the campus or at each of the multiple campuses, in addition to the minimum number of days of instruction required under Section 25.081;


(C) the campus or each of the multiple campuses are undergoing comprehensive reform, as determined by the board of trustees of the district; and


(D) a majority of the students at the campus or at each of the multiple campuses are educationally disadvantaged.


(b) Notwithstanding Subsection (a), a school district that does not offer each grade level from kindergarten through grade 12 and whose prospective or former students generally attend school in another state for the grade levels the district does not offer may start school on any date permitted under Subsection (a) or the law of the other state.


(c) Repealed by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 9.03, eff. May 31, 2006.


Added by Acts 2001, 77th Leg., ch. 909, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 9.02, eff. May 31, 2006.


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 9.03, eff. May 31, 2006.


Acts 2007, 80th Leg., R.S., Ch. 708 (H.B. 2171), Sec. 1, eff. June 15, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 277 (H.B. 1555), Sec. 1, eff. June 17, 2011.


Sec. 25.0812. LAST DAY OF SCHOOL. (a) Except as provided by Subsection (b), a school district may not schedule the last day of school for students for a school year before May 15.


(b) Notwithstanding Subsection (a), a school district that does not offer each grade level from kindergarten through grade 12 and whose prospective or former students generally attend school in another state for the grade levels the district does not offer may schedule the last day of school on any date permitted under Subsection (a) or the law of the other state.


Added by Acts 2015, 84th Leg., R.S., Ch. 1084 (H.B. 2610), Sec. 2, eff. June 19, 2015.


Sec. 25.0815. OPERATION AND INSTRUCTIONAL TIME WAIVERS FOR SCHOOL SAFETY TRAINING. (a) The commissioner shall provide a waiver allowing for fewer minutes of operation and instructional time than required under Section 25.081(a) for a school district that requires each educator employed by the district to attend an approved school safety training course.


(b) A waiver under this section:


(1) must allow sufficient time for the school district's educators to attend the school safety training course; and


(2) may not:


(A) result in an inadequate number of minutes of instructional time for students; or


(B) reduce the number of minutes of operation and instructional time by more than 420 minutes.


(c) To be approved under this section, a school safety training course must apply to the Texas School Safety Center. The Texas School Safety Center may approve a training course if the course satisfies the training requirements as determined by the center.


(d) The commissioner may adopt rules to implement this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 6, eff. June 6, 2019.


Sec. 25.082. PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE. (a) Repealed by Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 9, eff. June 15, 2017.


(b) The board of trustees of each school district and the governing board of each open-enrollment charter school shall require students, once during each school day at each campus, to recite:


(1) the pledge of allegiance to the United States flag in accordance with 4 U.S.C. Section 4; and


(2) the pledge of allegiance to the state flag in accordance with Subchapter C, Chapter 3100, Government Code.


(b-1) The board of trustees of each school district and the governing board of each open-enrollment charter school shall require that the United States and Texas flags be prominently displayed in accordance with 4 U.S.C. Sections 5-10 and Chapter 3100, Government Code, in each campus classroom to which a student is assigned at the time the pledges of allegiance to those flags are recited. A district or school is not required to spend federal, state, or local district or school funds to acquire flags required under this subsection. A district or school may raise money or accept gifts, grants, and donations to acquire flags required under this subsection.


(c) On written request from a student's parent or guardian, a school district or open-enrollment charter school shall excuse the student from reciting a pledge of allegiance under Subsection (b).


(d) The board of trustees of each school district and the governing board of each open-enrollment charter school shall provide for the observance of one minute of silence at each campus following the recitation of the pledges of allegiance to the United States and Texas flags under Subsection (b). During the one-minute period, each student may, as the student chooses, reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student. Each teacher or other school employee in charge of students during that period shall ensure that each of those students remains silent and does not act in a manner that is likely to interfere with or distract another student.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 126, Sec. 1, 2, eff. Sept. 1, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 881 (H.B. 773), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 42, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 2, eff. June 15, 2017.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 9, eff. June 15, 2017.


Sec. 25.0821. MINUTE OF SILENCE TO COMMEMORATE SEPTEMBER 11, 2001. (a) To commemorate the events of September 11, 2001, in each year that date falls on a regular school day, each public elementary or secondary school shall provide for the observance of one minute of silence at the beginning of the first class period of that day.


(b) Immediately before the period of observance required by this section, the class instructor shall make a statement of reference to the memory of individuals who died on September 11, 2001.


(c) The period of observance required by this section may be held in conjunction with the minute of silence required by Section 25.082.


Added by Acts 2013, 83rd Leg., R.S., Ch. 925 (H.B. 1501), Sec. 1, eff. June 14, 2013.


Sec. 25.0822. PATRIOTIC SOCIETY ACCESS TO STUDENTS. (a) In this section, "patriotic society" means a youth membership organization listed in Title 36 of the United States Code with an educational purpose that promotes patriotism and civic involvement.


(b) At the beginning of each school year, the board of trustees of an independent school district shall adopt a policy to allow the principal of a public school campus to provide representatives of a patriotic society with the opportunity to speak to students during regular school hours about membership in the society and the ways in which membership may promote a student's educational interest and level of civic involvement, leading to the student's increased potential for self-improvement and ability to contribute to improving the student's school and community.


(c) The board policy shall give a principal complete discretion over the specific date and time of the opportunity required to be provided under this section, except that the policy shall allow the principal to limit:


(1) the opportunity provided to a patriotic society to a single school day; and


(2) any presentation made to students as a result of the opportunity to 10 minutes in length.


Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 8, eff. September 1, 2017.


Sec. 25.083. SCHOOL DAY INTERRUPTIONS. (a) The board of trustees of each school district shall adopt and strictly enforce a policy limiting interruptions of classes during the school day for nonacademic activities such as announcements and sales promotions. At a minimum, the policy must limit announcements other than emergency announcements to once during the school day.


(b) The board of trustees of each school district shall adopt and strictly enforce a policy limiting the removal of students from class for remedial tutoring or test preparation. A district may not remove a student from a regularly scheduled class for remedial tutoring or test preparation if, as a result of the removal, the student would miss more than 10 percent of the school days on which the class is offered, unless the student's parent or another person standing in parental relation to the student provides to the district written consent for removal from class for such purpose.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 5(a), eff. June 10, 2013.


Sec. 25.084. YEAR-ROUND SYSTEM. (a) A school district may operate its schools year-round on either a single-track or a multitrack calendar. If a school district adopts a year-round system, the district may modify:


(1) the number of contract days of employees and the number of days of operation, including any time required for staff development, planning and preparation, and continuing education, otherwise required by law;


(2) testing dates, data reporting, and related matters;


(3) the date of the first day of instruction of the school year under Section 25.0811 for a school that was operating year-round for the 2000-2001 school year; and


(4) a student's eligibility to participate in extracurricular activities when the student's calendar track is not in session.



Text of subsection effective until September 01, 2020



(b) The operation of schools year-round by a district does not affect the amount of state funds to which the district is entitled under Chapter 48.



Text of subsection effective on September 01, 2020



(b) Except as provided by Subsection (c), the operation of schools year-round by a district does not affect the amount of state funds to which the district is entitled under Chapter 48.



Text of subsection effective on September 01, 2020



(c) A district that adopts a year-round system under this section may receive the incentive aid under Section 48.0051 if the district meets the criteria for receiving the incentive under that section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 909, Sec. 2, eff. Sept. 1, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.004(a), eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.004(b), eff. September 1, 2020.


Sec. 25.085. COMPULSORY SCHOOL ATTENDANCE. (a) A child who is required to attend school under this section shall attend school each school day for the entire period the program of instruction is provided.


(b) Unless specifically exempted by Section 25.086, a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached the child's 19th birthday shall attend school.


(c) On enrollment in prekindergarten or kindergarten, a child shall attend school.


(d) Unless specifically exempted by Section 25.086, a student enrolled in a school district must attend:


(1) an extended-year program for which the student is eligible that is provided by the district for students identified as likely not to be promoted to the next grade level or tutorial classes required by the district under Section 29.084;


(2) an accelerated reading instruction program to which the student is assigned under Section 28.006(g);


(3) an accelerated instruction program to which the student is assigned under Section 28.0211;


(4) a basic skills program to which the student is assigned under Section 29.086; or


(5) a summer program provided under Section 37.008(l) or Section 37.021.


(e) A person who voluntarily enrolls in school or voluntarily attends school after the person's 19th birthday shall attend school each school day for the entire period the program of instruction is offered. A school district may revoke for the remainder of the school year the enrollment of a person who has more than five absences in a semester that are not excused under Section 25.087, except a school district may not revoke the enrollment of a person under this subsection on a day on which the person is physically present at school. A person whose enrollment is revoked under this subsection may be considered an unauthorized person on school district grounds for purposes of Section 37.107.


(f) The board of trustees of a school district may adopt a policy requiring a person described by Subsection (e) who is under 21 years of age to attend school until the end of the school year. Section 65.003(a), Family Code, does not apply to a person subject to a policy adopted under this subsection. Sections 25.093 and 25.095 do not apply to the parent of a person subject to a policy adopted under this subsection.


(g) After the third unexcused absence of a person described by Subsection (e), a school district shall issue a warning letter to the person that states the person's enrollment may be revoked for the remainder of the school year if the person has more than five unexcused absences in a semester.


(h) As an alternative to revoking a person's enrollment under Subsection (e), a school district may impose a behavior improvement plan described by Section 25.0915(a-1)(1).



Text of subsection effective on September 01, 2020



(i) Notwithstanding any other provision of this section, a student enrolled in a school district is not required to attend school for any additional instructional days described by Section 48.0051.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1019, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.10, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 711, Sec. 1, eff. June 18, 1999; Acts 2003, 78th Leg., ch. 1055, Sec. 3, eff. June 20, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 50 (H.B. 566), Sec. 1, eff. May 10, 2007.


Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 2, eff. June 15, 2007.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 7, eff. September 1, 2015.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.011, eff. September 1, 2020.


Sec. 25.086. EXEMPTIONS.


(a) A child is exempt from the requirements of compulsory school attendance if the child:


(1) attends a private or parochial school that includes in its course a study of good citizenship;


(2) is eligible to participate in a school district's special education program under Section 29.003 and cannot be appropriately served by the resident district;


(3) has a physical or mental condition of a temporary and remediable nature that makes the child's attendance infeasible and holds a certificate from a qualified physician specifying the temporary condition, indicating the treatment prescribed to remedy the temporary condition, and covering the anticipated period of the child's absence from school for the purpose of receiving and recuperating from that remedial treatment;


(4) is expelled in accordance with the requirements of law in a school district that does not participate in a mandatory juvenile justice alternative education program under Section 37.011;


(5) is at least 17 years of age and:


(A) is attending a course of instruction to prepare for the high school equivalency examination, and:


(i) has the permission of the child's parent or guardian to attend the course;


(ii) is required by court order to attend the course;


(iii) has established a residence separate and apart from the child's parent, guardian, or other person having lawful control of the child; or


(iv) is homeless; or


(B) has received a high school diploma or high school equivalency certificate;


(6) is at least 16 years of age and is attending a course of instruction to prepare for the high school equivalency examination, if:


(A) the child is recommended to take the course of instruction by a public agency that has supervision or custody of the child under a court order; or


(B) the child is enrolled in a Job Corps training program under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.);


(7) is at least 16 years of age and is enrolled in a high school diploma program under Chapter 18;


(8) is enrolled in the Texas Academy of Mathematics and Science under Subchapter G, Chapter 105;


(9) is enrolled in the Texas Academy of Leadership in the Humanities;


(10) is enrolled in the Texas Academy of Mathematics and Science at The University of Texas at Brownsville;


(11) is enrolled in the Texas Academy of International Studies; or


(12) is specifically exempted under another law.


(b) This section does not relieve a school district in which a child eligible to participate in the district's special education program resides of its fiscal and administrative responsibilities under Subchapter A, Chapter 29, or of its responsibility to provide a free appropriate public education to a child with a disability.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 1, eff. June 19, 1997; Acts 1997, 75th Leg., ch. 1019, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1282, Sec. 2, eff. June 18, 1999.


Amended by:


Acts 2005, 79th Leg., Ch. 377 (S.B. 1395), Sec. 3, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 887 (S.B. 1452), Sec. 2, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 1339 (S.B. 151), Sec. 6, eff. June 18, 2005.


Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 4.003, eff. September 1, 2007.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.04, eff. June 10, 2019.


Sec. 25.087. EXCUSED ABSENCES. (a) A person required to attend school, including a person required to attend school under Section 25.085(e), may be excused for temporary absence resulting from any cause acceptable to the teacher, principal, or superintendent of the school in which the person is enrolled.


(b) A school district shall excuse a student from attending school for:


(1) the following purposes, including travel for those purposes:


(A) observing religious holy days;


(B) attending a required court appearance;


(C) appearing at a governmental office to complete paperwork required in connection with the student's application for United States citizenship;


(D) taking part in a United States naturalization oath ceremony;


(E) serving as an election clerk; or


(F) if the student is in the conservatorship of the Department of Family and Protective Services, participating, as determined and documented by the department, in an activity:


(i) ordered by a court under Chapter 262 or 263, Family Code, provided that it is not practicable to schedule the participation outside of school hours; or


(ii) required under a service plan under Subchapter B, Chapter 263, Family Code; or


(2) a temporary absence resulting from an appointment with health care professionals for the student or the student's child if the student commences classes or returns to school on the same day of the appointment.


(b-1) A school district may adopt a policy excusing a student from attending school for service as a student early voting clerk in an election.


(b-2) A school district may excuse a student from attending school to visit an institution of higher education accredited by a generally recognized accrediting organization during the student's junior and senior years of high school for the purpose of determining the student's interest in attending the institution of higher education, provided that:


(1) the district may not excuse for this purpose more than two days during the student's junior year and two days during the student's senior year; and


(2) the district adopts:


(A) a policy to determine when an absence will be excused for this purpose; and


(B) a procedure to verify the student's visit at the institution of higher education.


(b-3) A temporary absence for purposes of Subsection (b)(2) includes the temporary absence of a student diagnosed with autism spectrum disorder on the day of the student's appointment with a health care practitioner, as described by Section 1355.015(b), Insurance Code, to receive a generally recognized service for persons with autism spectrum disorder, including applied behavioral analysis, speech therapy, and occupational therapy.


(b-4) A school district shall excuse a student whose parent, stepparent, or legal guardian is an active duty member of the uniformed services as defined by Section 162.002 and has been called to duty for, is on leave from, or immediately returned from continuous deployment of at least four months outside the locality where the parent, stepparent, or guardian regularly resides, to visit with the student's parent, stepparent, or guardian. A school district may not excuse a student under this subsection more than five days in a school year. An excused absence under this subsection must be taken:


(1) not earlier than the 60th day before the date of deployment; or


(2) not later than the 30th day after the date of return from deployment.


(b-5) A school district shall excuse a student who is 17 years of age or older from attending school to pursue enlistment in a branch of the armed services of the United States or the Texas National Guard, provided that:


(1) the district may not excuse for this purpose more than four days of school during the period the student is enrolled in high school; and


(2) the district verifies the student's activities related to pursuing enlistment in a branch of the armed services or the Texas National Guard.


(b-6) Each school district shall adopt procedures to verify a student's activities as described by Subsection (b-5).


(c) A school district may excuse a student in grades 6 through 12 for the purpose of sounding "Taps" at a military honors funeral held in this state for a deceased veteran.


(d) A student whose absence is excused under Subsection (b), (b-1), (b-2), (b-4), (b-5), or (c) may not be penalized for that absence and shall be counted as if the student attended school for purposes of calculating the average daily attendance of students in the school district. A student whose absence is excused under Subsection (b), (b-1), (b-2), (b-4), (b-5), or (c) shall be allowed a reasonable time to make up school work missed on those days. If the student satisfactorily completes the school work, the day of absence shall be counted as a day of compulsory attendance.


(e) A school district may excuse a student for the purposes provided by Subsections (b)(1)(E) and (b-1) for a maximum of two days in a school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 651, Sec. 1, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 711, Sec. 2, eff. June 18, 1999.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 479 (H.B. 2455), Sec. 1, eff. June 16, 2007.


Acts 2007, 80th Leg., R.S., Ch. 660 (H.B. 1187), Sec. 2, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.002(a), eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.002(b), eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 455 (H.B. 2542), Sec. 1, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 455 (H.B. 2542), Sec. 2, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 517 (S.B. 1134), Sec. 3, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 595 (H.B. 192), Sec. 1, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 7.005, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 249 (H.B. 455), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 404 (S.B. 260), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 542 (S.B. 553), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 11, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1354 (S.B. 1404), Sec. 2, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 2, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 213 (S.B. 1152), Sec. 1, eff. May 28, 2017.


Sec. 25.088. SCHOOL ATTENDANCE OFFICER. The school attendance officer may be selected by:


(1) the county school trustees of any county;


(2) the board of trustees of any school district or the boards of trustees of two or more school districts jointly; or


(3) the governing body of an open-enrollment charter school.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 21, eff. Sept. 1, 2001.


Sec. 25.089. COMPENSATION OF ATTENDANCE OFFICER; DUAL SERVICE. (a) An attendance officer may be compensated from the funds of the county, independent school district, or open-enrollment charter school, as applicable.


(b) An attendance officer may be the probation officer or an officer of the juvenile court of the county.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 22, eff. Sept. 1, 2001.


Sec. 25.090. ATTENDANCE OFFICER NOT SELECTED. (a) In those counties and independent school districts where an attendance officer has not been selected, the duties of attendance officer shall be performed by the school superintendents and peace officers of the counties and districts.


(b) If the governing body of an open-enrollment charter school has not selected an attendance officer, the duties of attendance officer shall be performed by the peace officers of the county in which the school is located.


(c) Additional compensation may not be paid for services performed under this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 23, eff. Sept. 1, 2001.


Sec. 25.091. POWERS AND DUTIES OF PEACE OFFICERS AND OTHER ATTENDANCE OFFICERS.


(a) A peace officer serving as an attendance officer has the following powers and duties concerning enforcement of compulsory school attendance requirements:


(1) to investigate each case of a violation of compulsory school attendance requirements referred to the peace officer;


(2) to enforce compulsory school attendance requirements by:


(A) applying truancy prevention measures adopted under Section 25.0915 to the student; and


(B) if the truancy prevention measures fail to meaningfully address the student's conduct:


(i) referring the student to a truancy court if the student has unexcused absences for the amount of time specified under Section 65.003(a), Family Code; or


(ii) filing a complaint in a county, justice, or municipal court against a parent who violates Section 25.093;


(3) to serve court-ordered legal process;


(4) to review school attendance records for compliance by each student investigated by the officer;


(5) to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees of a school district, or the commissioner, to provide a record to the individual or entity requesting the record; and


(6) to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that a peace officer may not enter a residence without the permission of the parent of a student required under this subchapter to attend school or of the tenant or owner of the residence except to lawfully serve court-ordered legal process on the parent.


(b) An attendance officer employed by a school district who is not commissioned as a peace officer has the following powers and duties with respect to enforcement of compulsory school attendance requirements:


(1) to investigate each case of a violation of the compulsory school attendance requirements referred to the attendance officer;


(2) to enforce compulsory school attendance requirements by:


(A) applying truancy prevention measures adopted under Section 25.0915 to the student; and


(B) if the truancy prevention measures fail to meaningfully address the student's conduct:


(i) referring the student to a truancy court if the student has unexcused absences for the amount of time specified under Section 65.003(a), Family Code; and


(ii) filing a complaint in a county, justice, or municipal court against a parent who violates Section 25.093;


(3) to monitor school attendance compliance by each student investigated by the officer;


(4) to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees of a school district, or the commissioner, to provide a record to the individual or entity requesting the record;


(5) to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that the attendance officer may not enter a residence without permission of the parent or of the owner or tenant of the residence; and


(6) at the request of a parent, to escort a student from any location to a school campus to ensure the student's compliance with compulsory school attendance requirements.


(b-1) A peace officer who has probable cause to believe that a child is in violation of the compulsory school attendance law under Section 25.085 may take the child into custody for the purpose of returning the child to the school campus of the child to ensure the child's compliance with compulsory school attendance requirements.


(c) In this section:


(1) "Parent" includes a person standing in parental relation.


(2) "Peace officer" has the meaning assigned by Article 2.12, Code of Criminal Procedure.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1514, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 137, Sec. 3, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 5, eff. September 1, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 1098 (S.B. 1489), Sec. 9, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 8, eff. September 1, 2015.


Sec. 25.0915. TRUANCY PREVENTION MEASURES. (a) A school district shall adopt truancy prevention measures designed to:


(1) address student conduct related to truancy in the school setting before the student engages in conduct described by Section 65.003(a), Family Code; and


(2) minimize the need for referrals to truancy court for conduct described by Section 65.003(a), Family Code.


(a-1) As a truancy prevention measure under Subsection (a), a school district shall take one or more of the following actions:


(1) impose:


(A) a behavior improvement plan on the student that must be signed by an employee of the school, that the school district has made a good faith effort to have signed by the student and the student's parent or guardian, and that includes:


(i) a specific description of the behavior that is required or prohibited for the student;


(ii) the period for which the plan will be effective, not to exceed 45 school days after the date the contract becomes effective; or


(iii) the penalties for additional absences, including additional disciplinary action or the referral of the student to a truancy court; or


(B) school-based community service; or


(2) refer the student to counseling, mediation, mentoring, a teen court program, community-based services, or other in-school or out-of-school services aimed at addressing the student's truancy.


(a-2) A referral made under Subsection (a-1)(2) may include participation by the child's parent or guardian if necessary.


(a-3) A school district shall offer additional counseling to a student and may not refer the student to truancy court if the school determines that the student's truancy is the result of:


(1) pregnancy;


(2) being in the state foster program;


(3) homelessness; or


(4) being the principal income earner for the student's family.


(a-4) If a student fails to attend school without excuse on three or more days or parts of days within a four-week period but does not fail to attend school for the time described by Section 25.0951(a), the school district shall initiate truancy prevention measures under this section on the student.


(b) Each referral to truancy court for conduct described by Section 65.003(a), Family Code, must:


(1) be accompanied by a statement from the student's school certifying that:


(A) the school applied the truancy prevention measures adopted under Subsection (a) or (a-4) to the student; and


(B) the truancy prevention measures failed to meaningfully address the student's school attendance; and


(2) specify whether the student is eligible for or receives special education services under Subchapter A, Chapter 29.


(c) A truancy court shall dismiss a petition filed by a truant conduct prosecutor under Section 65.054, Family Code, if the court determines that the school district's referral:


(1) does not comply with Subsection (b);


(2) does not satisfy the elements required for truant conduct;


(3) is not timely filed, unless the school district delayed the referral under Section 25.0951(d); or


(4) is otherwise substantively defective.


(d) Except as provided by Subsection (e), a school district shall employ a truancy prevention facilitator or juvenile case manager to implement the truancy prevention measures required by this section and any other effective truancy prevention measures as determined by the school district or campus. At least annually, the truancy prevention facilitator shall meet to discuss effective truancy prevention measures with a case manager or other individual designated by a truancy court to provide services to students of the school district in truancy cases.


(e) Instead of employing a truancy prevention facilitator, a school district may designate an existing district employee or juvenile case manager to implement the truancy prevention measures required by this section and any other effective truancy prevention measures as determined by the school district or campus.


(f) The agency shall adopt rules:


(1) creating minimum standards for truancy prevention measures adopted by a school district under this section; and


(2) establishing a set of best practices for truancy prevention measures.


(g) The agency shall adopt rules to provide for sanctions for a school district found to be not in compliance with this section.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1098 (S.B. 1489), Sec. 10, eff. September 1, 2011.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 8, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 2, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 9, eff. September 1, 2015.


Sec. 25.092. MINIMUM ATTENDANCE FOR CLASS CREDIT OR FINAL GRADE. (a) Except as provided by this section, a student in any grade level from kindergarten through grade 12 may not be given credit or a final grade for a class unless the student is in attendance for at least 90 percent of the days the class is offered.


(a-1) A student who is in attendance for at least 75 percent but less than 90 percent of the days a class is offered may be given credit or a final grade for the class if the student completes a plan approved by the school's principal that provides for the student to meet the instructional requirements of the class. A student under the jurisdiction of a court in a criminal or juvenile justice proceeding may not receive credit or a final grade under this subsection without the consent of the judge presiding over the student's case.


(a-2) Subsection (a) does not apply to a student who receives credit by examination for a class as provided by Section 28.023.


(b) The board of trustees of each school district shall appoint one or more attendance committees to hear petitions for class credit or a final grade by students who are in attendance fewer than the number of days required under Subsection (a) and have not earned class credit or a final grade under Subsection (a-1). Classroom teachers shall comprise a majority of the membership of the committee. A committee may give class credit or a final grade to a student because of extenuating circumstances. Each board of trustees shall establish guidelines to determine what constitutes extenuating circumstances and shall adopt policies establishing alternative ways for students to make up work or regain credit or a final grade lost because of absences. The alternative ways must include at least one option that does not require a student to pay a fee authorized under Section 11.158(a)(15). A certified public school employee may not be assigned additional instructional duties as a result of this section outside of the regular workday unless the employee is compensated for the duties at a reasonable rate of pay.


(c) A member of an attendance committee is not personally liable for any act or omission arising out of duties as a member of an attendance committee.


(d) If a student is denied credit or a final grade for a class by an attendance committee, the student may appeal the decision to the board of trustees. The decision of the board may be appealed by trial de novo to the district court of the county in which the school district's central administrative office is located.


(e) This section does not affect the provision of Section 25.087(b) regarding a student's excused absence from school to observe religious holy days.


(f) The availability of the option developed under Subsection (b) must be substantially the same as the availability of the educational program developed under Section 11.158(a)(15).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 698, Sec. 2, eff. June 18, 1999.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 3, eff. June 15, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 6(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 7(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1029 (H.B. 2694), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1203 (S.B. 1365), Sec. 1, eff. June 14, 2013.


Sec. 25.093. PARENT CONTRIBUTING TO NONATTENDANCE. (a) If a warning is issued as required by Section 25.095(a), the parent with criminal negligence fails to require the child to attend school as required by law, and the child has absences for the amount of time specified under Section 65.003(a), Family Code, the parent commits an offense.


(b) The attendance officer or other appropriate school official shall file a complaint against the parent in:


(1) the constitutional county court of the county in which the parent resides or in which the school is located, if the county has a population of 1.75 million or more;


(2) a justice court of any precinct in the county in which the parent resides or in which the school is located; or


(3) a municipal court of the municipality in which the parent resides or in which the school is located.


(c) An offense under Subsection (a) is a misdemeanor, punishable by fine only, in an amount not to exceed:


(1) $100 for a first offense;


(2) $200 for a second offense;


(3) $300 for a third offense;


(4) $400 for a fourth offense; or


(5) $500 for a fifth or subsequent offense.


(c-1) Each day the child remains out of school may constitute a separate offense. Two or more offenses under Subsection (a) may be consolidated and prosecuted in a single action. If the court orders deferred disposition under Article 45.051, Code of Criminal Procedure, the court may require the defendant to provide personal services to a charitable or educational institution as a condition of the deferral.


(d) A fine collected under this section shall be deposited as follows:


(1) one-half shall be deposited to the credit of the operating fund of, as applicable:


(A) the school district in which the child attends school;


(B) the open-enrollment charter school the child attends; or


(C) the juvenile justice alternative education program that the child has been ordered to attend; and


(2) one-half shall be deposited to the credit of:


(A) the general fund of the county, if the complaint is filed in the justice court or the constitutional county court; or


(B) the general fund of the municipality, if the complaint is filed in municipal court.


(e) At the trial of any person charged with violating this section, the attendance records of the child may be presented in court by any authorized employee of the school district or open-enrollment charter school, as applicable.


(f) The court in which a conviction, deferred adjudication, or deferred disposition for an offense under Subsection (a) occurs may order the defendant to attend a program for parents of students with unexcused absences that provides instruction designed to assist those parents in identifying problems that contribute to the students' unexcused absences and in developing strategies for resolving those problems if a program is available.


(g) If a parent refuses to obey a court order entered under this section, the court may punish the parent for contempt of court under Section 21.002, Government Code.


(h) It is an affirmative defense to prosecution for an offense under Subsection (a) that one or more of the absences required to be proven under Subsection (a) was excused by a school official or should be excused by the court. The burden is on the defendant to show by a preponderance of the evidence that the absence has been or should be excused. A decision by the court to excuse an absence for purposes of this section does not affect the ability of the school district to determine whether to excuse the absence for another purpose.


(i) In this section, "parent" includes a person standing in parental relation.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 865, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1403, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1504, Sec. 24, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, Sec. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 137, Sec. 4, 5, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 283, Sec. 38, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 6.001, eff. Sept. 1, 2003.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 148 (H.B. 734), Sec. 1, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 11, eff. September 1, 2015.


Sec. 25.095. WARNING NOTICES. (a) A school district or open-enrollment charter school shall notify a student's parent in writing at the beginning of the school year that if the student is absent from school on 10 or more days or parts of days within a six-month period in the same school year:


(1) the student's parent is subject to prosecution under Section 25.093; and


(2) the student is subject to referral to a truancy court for truant conduct under Section 65.003(a), Family Code.


(b) A school district shall notify a student's parent if the student has been absent from school, without excuse under Section 25.087, on three days or parts of days within a four-week period. The notice must:


(1) inform the parent that:


(A) it is the parent's duty to monitor the student's school attendance and require the student to attend school; and


(B) the student is subject to truancy prevention measures under Section 25.0915; and


(2) request a conference between school officials and the parent to discuss the absences.


(c) The fact that a parent did not receive a notice under Subsection (a) or (b) does not create a defense under Section 25.093 or under Section 65.003(a), Family Code.


(d) In this section, "parent" includes a person standing in parental relation.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 25, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, Sec. 5, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 6.002, eff. Sept. 1, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 12, eff. September 1, 2015.


Sec. 25.0951. SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR FAILURE TO ATTEND SCHOOL. (a) If a student fails to attend school without excuse on 10 or more days or parts of days within a six-month period in the same school year, a school district shall within 10 school days of the student's 10th absence refer the student to a truancy court for truant conduct under Section 65.003(a), Family Code.


(b) If a student fails to attend school without excuse as specified by Subsection (a), a school district may file a complaint against the student's parent in a county, justice, or municipal court for an offense under Section 25.093 if the school district provides evidence of the parent's criminal negligence. In this subsection, "parent" includes a person standing in parental relation.


(c) A court shall dismiss a complaint made by a school district under Subsection (b) that:


(1) does not comply with this section;


(2) does not allege the elements required for the offense;


(3) is not timely filed, unless the school district delayed the referral under Subsection (d); or


(4) is otherwise substantively defective.


(d) Notwithstanding Subsection (a), a school district may delay a referral of a student for truant conduct, or may choose to not refer a student for truant conduct, if the school district:


(1) is applying truancy prevention measures to the student under Section 25.0915; and


(2) determines that the truancy prevention measures are succeeding and it is in the best interest of the student that a referral be delayed or not be made.


Added by Acts 2001, 77th Leg., ch. 1514, Sec. 6, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 137, Sec. 9, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 37, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 31, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 984 (S.B. 1161), Sec. 1, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.003, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 13, eff. September 1, 2015.


Sec. 25.0952. PROCEDURES APPLICABLE TO PARENT CONTRIBUTING TO NONATTENDANCE OFFENSE. In a proceeding based on a complaint under Section 25.093, the court shall, except as otherwise provided by this chapter, use the procedures and exercise the powers authorized by Chapter 45, Code of Criminal Procedure.


Added by Acts 2001, 77th Leg., ch. 1514, Sec. 6, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 137, Sec. 10, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 283, Sec. 40, eff. Sept. 1, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 14, eff. September 1, 2015.


SUBCHAPTER D. STUDENT/TEACHER RATIOS; CLASS SIZE



Sec. 25.111. STUDENT/TEACHER RATIOS. Except as provided by Section 25.112, each school district must employ a sufficient number of teachers certified under Subchapter B, Chapter 21, to maintain an average ratio of not less than one teacher for each 20 students in average daily attendance.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.112. CLASS SIZE. (a) Except as otherwise authorized by this section, a school district may not enroll more than 22 students in a kindergarten, first, second, third, or fourth grade class. That limitation does not apply during:


(1) any 12-week period of the school year selected by the district, in the case of a district whose average daily attendance is adjusted under Section 48.005(c); or


(2) the last 12 weeks of any school year in the case of any other district.


(b) Not later than the 30th day after the first day of the 12-week period for which a district whose average daily attendance is adjusted under Section 48.005(c) is claiming an exemption under Subsection (a), the district shall notify the commissioner in writing that the district is claiming an exemption for the period stated in the notice.


(c) In determining the number of students to enroll in any class, a school district shall consider the subject to be taught, the teaching methodology to be used, and any need for individual instruction.


(d) On application of a school district, the commissioner may except the district from the limit in Subsection (a) if the commissioner finds the limit works an undue hardship on the district. An exception expires at the end of the school year for which it is granted.


(e) A school district seeking an exception under Subsection (d) shall notify the commissioner and apply for the exception not later than the later of:


(1) October 1; or


(2) the 30th day after the first school day the district exceeds the limit in Subsection (a).


(f) If a school district repeatedly fails to comply with this section, the commissioner may take any appropriate action authorized to be taken by the commissioner under Section 39.131.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 889, Sec. 1, eff. June 14, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1347 (S.B. 300), Sec. 2, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.020, eff. September 1, 2019.


Sec. 25.113. NOTICE OF CLASS SIZE. (a) A campus or district that is granted an exception under Section 25.112(d) from class size limits shall provide written notice of the exception to the parent of or person standing in parental relation to each student affected by the exception. The notice must be in conspicuous bold or underlined print and:


(1) specify the class for which an exception from the limit imposed by Section 25.112(a) was granted;


(2) state the number of children in the class for which the exception was granted; and


(3) be included in a regular mailing or other communication from the campus or district, such as information sent home with students.


(b) The notice required by Subsection (a) must be provided not later than the 31st day after:


(1) the first day of the school year; or


(2) the date the exception is granted, if the exception is granted after the beginning of the school year.


Added by Acts 2001, 77th Leg., ch. 889, Sec. 2, eff. June 14, 2001.


Sec. 25.114. STUDENT/TEACHER RATIOS IN PHYSICAL EDUCATION CLASSES; CLASS SIZE. (a) In implementing the curriculum for physical education under Section 28.002(a)(2)(C), each school district shall establish specific objectives and goals the district intends to accomplish through the curriculum, including, to the extent practicable, student/teacher ratios that are small enough to enable the district to:


(1) carry out the purposes of and requirements for the physical education curriculum as provided under Section 28.002(d); and


(2) ensure the safety of students participating in physical education.


(b) If a district establishes a student to teacher ratio greater than 45 to 1 in a physical education class, the district shall specifically identify the manner in which the safety of the students will be maintained.


Added by Acts 2009, 81st Leg., R.S., Ch. 773 (S.B. 891), Sec. 2, eff. June 19, 2009.


SUBCHAPTER E. STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS



Sec. 25.151. STUDENT EXPRESSION. A school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.152. LIMITED PUBLIC FORUM; SCHOOL DISTRICT POLICY. (a) To ensure that the school district does not discriminate against a student's publicly stated voluntary expression of a religious viewpoint, if any, and to eliminate any actual or perceived affirmative school sponsorship or attribution to the district of a student's expression of a religious viewpoint, if any, a school district shall adopt a policy, which must include the establishment of a limited public forum for student speakers at all school events at which a student is to publicly speak. The policy regarding the limited public forum must also require the school district to:


(1) provide the forum in a manner that does not discriminate against a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject;


(2) provide a method, based on neutral criteria, for the selection of student speakers at school events and graduation ceremonies;


(3) ensure that a student speaker does not engage in obscene, vulgar, offensively lewd, or indecent speech; and


(4) state, in writing, orally, or both, that the student's speech does not reflect the endorsement, sponsorship, position, or expression of the district.


(b) The school district disclaimer required by Subsection (a)(4) must be provided at all graduation ceremonies. The school district must also continue to provide the disclaimer at any other event in which a student speaks publicly for as long as a need exists to dispel confusion over the district's nonsponsorship of the student's speech.


(c) Student expression on an otherwise permissible subject may not be excluded from the limited public forum because the subject is expressed from a religious viewpoint.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.153. RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS. Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. Homework and classroom assignments must be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school district. Students may not be penalized or rewarded on account of the religious content of their work.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.154. FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES. Students may organize prayer groups, religious clubs, "see you at the pole" gatherings, or other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups without discrimination based on the religious content of the students' expression. If student groups that meet for nonreligious activities are permitted to advertise or announce meetings of the groups, the school district may not discriminate against groups that meet for prayer or other religious speech. A school district may disclaim school sponsorship of noncurricular groups and events in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.155. ADOPTION OF POLICY. A school district shall adopt and implement a local policy regarding a limited public forum and voluntary student expression of religious viewpoints. If a school district voluntarily adopts and follows the model policy governing voluntary religious expression in public schools as provided by Section 25.156, the district is in compliance with the provisions of this subchapter covered by the model policy.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.156. MODEL POLICY GOVERNING VOLUNTARY RELIGIOUS EXPRESSION IN PUBLIC SCHOOLS. In this section, "model policy" means a local policy adopted by the school district that is substantially identical to the following:


ARTICLE I



STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS



The school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


ARTICLE II



STUDENT SPEAKERS AT NONGRADUATION EVENTS



The school district hereby creates a limited public forum for student speakers at all school events at which a student is to publicly speak. For each speaker, the district shall set a maximum time limit reasonable and appropriate to the occasion. Student speakers shall introduce:


(1) football games;


(2) any other athletic events designated by the district;


(3) opening announcements and greetings for the school day; and


(4) any additional events designated by the district, which may include, without limitation, assemblies and pep rallies.


The forum shall be limited in the manner provided by this article.


Only those students in the highest two grade levels of the school and who hold one of the following positions of honor based on neutral criteria are eligible to use the limited public forum: student council officers, class officers of the highest grade level in the school, captains of the football team, and other students holding positions of honor as the school district may designate.


An eligible student shall be notified of the student's eligibility, and a student who wishes to participate as an introducing speaker shall submit the student's name to the student council or other designated body during an announced period of not less than three days. The announced period may be at the beginning of the school year, at the end of the preceding school year so student speakers are in place for the new year, or, if the selection process will be repeated each semester, at the beginning of each semester or at the end of the preceding semester so speakers are in place for the next semester. The names of the volunteering student speakers shall be randomly drawn until all names have been selected, and the names shall be listed in the order drawn. Each selected student will be matched chronologically to the event for which the student will be giving the introduction. Each student may speak for one week at a time for all introductions of events that week, or rotate after each speaking event, or otherwise as determined by the district. The list of student speakers shall be chronologically repeated as needed, in the same order. The district may repeat the selection process each semester rather than once a year.


The subject of the student introductions must be related to the purpose of the event and to the purpose of marking the opening of the event, honoring the occasion, the participants, and those in attendance, bringing the audience to order, and focusing the audience on the purpose of the event. The subject must be designated, a student must stay on the subject, and the student may not engage in obscene, vulgar, offensively lewd, or indecent speech. The school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


For as long as there is a need to dispel confusion over the nonsponsorship of the student's speech, at each event in which a student will deliver an introduction, a disclaimer shall be stated in written or oral form, or both, such as, "The student giving the introduction for this event is a volunteering student selected on neutral criteria to introduce the event. The content of the introduction is the private expression of the student and does not reflect the endorsement, sponsorship, position, or expression of the school district."


Certain students who have attained special positions of honor in the school have traditionally addressed school audiences from time to time as a tangential component of their achieved positions of honor, such as the captains of various sports teams, student council officers, class officers, homecoming kings and queens, prom kings and queens, and the like, and have attained their positions based on neutral criteria. Nothing in this policy eliminates the continuation of the practice of having these students, irrespective of grade level, address school audiences in the normal course of their respective positions. The school district shall create a limited public forum for the speakers and shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


ARTICLE III



STUDENT SPEAKERS AT GRADUATION CEREMONIES



The school district hereby creates a limited public forum consisting of an opportunity for a student to speak to begin graduation ceremonies and another student to speak to end graduation ceremonies. For each speaker, the district shall set a maximum time limit reasonable and appropriate to the occasion.


The forum shall be limited in the manner provided by this article.


Only students who are graduating and who hold one of the following neutral criteria positions of honor shall be eligible to use the limited public forum: student council officers, class officers of the graduating class, the top three academically ranked graduates, or a shorter or longer list of student leaders as the school district may designate. A student who will otherwise have a speaking role in the graduation ceremonies is ineligible to give the opening and closing remarks. The names of the eligible volunteering students will be randomly drawn. The first name drawn will give the opening and the second name drawn will give the closing.


The topic of the opening and closing remarks must be related to the purpose of the graduation ceremony and to the purpose of marking the opening and closing of the event, honoring the occasion, the participants, and those in attendance, bringing the audience to order, and focusing the audience on the purpose of the event.


In addition to the students giving the opening and closing remarks, certain other students who have attained special positions of honor based on neutral criteria, including, without limitation, the valedictorian, will have speaking roles at graduation ceremonies. For each speaker, the school district shall set a maximum time limit reasonable and appropriate to the occasion and to the position held by the speaker. For this purpose, the district creates a limited public forum for these students to deliver the addresses. The subject of the addresses must be related to the purpose of the graduation ceremony, marking and honoring the occasion, honoring the participants and those in attendance, and the student's perspective on purpose, achievement, life, school, graduation, and looking forward to the future.


The subject must be designated for each student speaker, the student must stay on the subject, and the student may not engage in obscene, vulgar, offensively lewd, or indecent speech. The school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


A written disclaimer shall be printed in the graduation program that states, "The students who will be speaking at the graduation ceremony were selected based on neutral criteria to deliver messages of the students' own choices. The content of each student speaker's message is the private expression of the individual student and does not reflect any position or expression of the school district or the board of trustees, or the district's administration, or employees of the district, or the views of any other graduate. The contents of these messages were prepared by the student volunteers, and the district refrained from any interaction with student speakers regarding the student speakers' viewpoints on permissible subjects."


ARTICLE IV



RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS



Students may express the students' beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of the students' submission. Homework and classroom work shall be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school. Students may not be penalized or rewarded on account of religious content. If a teacher's assignment involves writing a poem, the work of a student who submits a poem in the form of a prayer (for example, a psalm) should be judged on the basis of academic standards, including literary quality, and not penalized or rewarded on account of its religious content.


ARTICLE V



FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES



Students may organize prayer groups, religious clubs, "see you at the pole" gatherings, and other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups, without discrimination based on the religious content of the group's expression. If student groups that meet for nonreligious activities are permitted to advertise or announce the groups' meetings, for example, by advertising in a student newspaper, putting up posters, making announcements on a student activities bulletin board or public address system, or handing out leaflets, school authorities may not discriminate against groups that meet for prayer or other religious speech. School authorities may disclaim sponsorship of noncurricular groups and events, provided they administer the disclaimer in a manner that does not favor or disfavor groups that meet to engage in prayer or other religious speech.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


SUBCHAPTER Z. MISCELLANEOUS PROVISIONS RELATING TO STUDENTS



Sec. 25.901. EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY. A public school student has an absolute right to individually, voluntarily, and silently pray or meditate in school in a manner that does not disrupt the instructional or other activities of the school. A person may not require, encourage, or coerce a student to engage in or refrain from such prayer or meditation during any school activity.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.904. USE OF CALCULATOR APPLICATION IN PLACE OF GRAPHING CALCULATOR. (a) A school district shall permit a student enrolled in a course that requires the student to use a graphing calculator to use a calculator application on a computing device, including a personal, laptop, or tablet computer, that provides the same functionality, unless the district makes available to the student a graphing calculator at no cost to the student.


(b) A school district may adopt policies related to student use of a computing device under this section.


(c) To the extent this section conflicts with Section 37.082, this section prevails.


Added by Acts 2019, 86th Leg., R.S., Ch. 1315 (H.B. 3906), Sec. 7, eff. June 14, 2019.

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EDUCATION CODE CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE

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EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE E. STUDENTS AND PARENTS CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE SUBCHAPTER A. ADMISSION AND ENROLLMENT Sec. 25.001. ADMISSION.

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Free lifetime college tuition and fees waiver

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Free lifetime college tuition and fees waiver

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EDUCATION CODE



TITLE 3. HIGHER EDUCATION



SUBTITLE A. HIGHER EDUCATION IN GENERAL



CHAPTER 54. TUITION AND FEES



SUBCHAPTER A. GENERAL PROVISIONS



Sec. 54.001. DEFINITIONS. In this chapter:


(1) "Institution of higher education" has the same meaning as is assigned to it by Section 61.003 of this code.


(2) "Governing board" has the same meaning as is assigned to it by Section 61.003 of this code.


Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.


Sec. 54.0015. ADOPTION OF CERTAIN DEFINITIONS BY RULE. In consultation with representatives of institutions of higher education, the Texas Higher Education Coordinating Board by rule shall adopt definitions related to the resident status of students for purposes of this title and to tuition and fee exemptions and waivers for students under this chapter as necessary to ensure consistency in the application of this chapter and other related state laws and policies.


Added by Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 1, eff. September 1, 2005.


Sec. 54.002. APPLICABILITY OF CHAPTER. The provisions of this chapter apply to all institutions of higher education, except that as to junior colleges this chapter applies only to the extent provided by Section 130.003(b) of this code.


Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.


Sec. 54.003. TUITION AND CHARGES TO BE AUTHORIZED BY LAW. No institution of higher education may collect from students attending the institution any tuition, fee, or charge of any kind except as permitted by law, and no student may be refused admission to or discharged from any institution for the nonpayment of any tuition, fee, or charge except as permitted by law.


Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.


Sec. 54.004. RETENTION AND USE OF FUNDS. All tuition, local funds, and fees collected by an institution of higher education shall be retained and expended by the institution and accounted for annually as provided in the general appropriations act.


Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.


Sec. 54.005. RIGHT TO COLLECT SPECIAL FEES. The provisions of this subchapter requiring the governing board of each institution of higher education to collect tuition fees do not deprive the board of the right to collect special fees authorized by law.


Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.


Sec. 54.0051. DISCLOSURE OF COURSE FEES IN COURSE CATALOG. Each institution of higher education shall include in the institution's online course catalog, for each course listed in the catalog, a description and the amount of any special course fee, including an online access fee or lab fee, to be charged specifically for the course. If the institution publishes a paper course catalog, the institution may publish any fees specifically charged for each course using the amounts charged in the most recent academic year.


Added by Acts 2017, 85th Leg., R.S., Ch. 557 (S.B. 537), Sec. 1, eff. June 9, 2017.


Sec. 54.006. REFUND OR ADJUSTMENT OF TUITION AND MANDATORY FEES FOR DROPPED COURSES AND STUDENT WITHDRAWALS. (a) A general academic teaching institution or medical and dental unit, as soon as practicable, shall refund the amount of tuition and mandatory fees collected for courses from which students drop within the first 12 days of a fall or spring semester or a summer term of 10 weeks or longer, within the first four days of a term or session of more than five weeks but less than 10 weeks, or within the period specified by the institution for that purpose for a term or session of five weeks or less that is substantially proportional to the period specified by this subsection for a longer term or session. The institution or medical and dental unit may not delay a refund under this subsection on the grounds that the student may withdraw from the institution or unit later in the semester or term.


(a-1) An institution may assess a nonrefundable $15 matriculation fee if the student withdraws from the institution before the first day of classes.


(b) Except as provided by Subsections (b-1) and (b-2), a general academic teaching institution or medical and dental unit shall refund from the amount paid by a student withdrawing from the institution or unit an amount equal to the product of the amount of tuition and mandatory fees charged for each course in which the student is enrolled on the date the student withdraws multiplied by the applicable percentage derived from the following tables:


(1) if the student withdraws during a fall or spring semester or a summer term of 10 weeks or longer:




(A) prior to the first class day






(B) during the first five class days






(C) during the second five class days






(D) during the third five class days






(E) during the fourth five class days






(F) after the fourth five class days




(2) if the student withdraws during a term or session of more than five weeks but less than 10 weeks:




(A) prior to the first class day




(B) during the first, second, or third class


(C) during the fourth, fifth, or sixth class




(D) seventh day of class and thereafter




(3) if the student withdraws from a term or session of five weeks or less:




(A) prior to the first class day






(B) during the first class day






(C) during the second class day




(D) during the third class day


(b-1) If a student has not paid the total amount of the tuition and mandatory fees charged to the student by the institution or unit for the courses in which the student is enrolled by the date the student withdraws from the institution or unit, instead of issuing the student a refund in the amount required under Subsection (b), the institution or unit may credit the amount to be refunded toward the payment of the outstanding tuition and mandatory fees owed by the student. The institution or unit shall issue a refund to the student if any portion of the amount to be refunded remains after the outstanding tuition and mandatory fees have been paid.


(b-2) A general academic teaching institution or medical and dental unit may provide to a student withdrawing from the institution or unit a refund of a portion of the tuition and mandatory fees charged to the student by the institution or unit for the courses in which the student is enrolled on the date the student withdraws in an amount greater than the amount required by Subsection (b). The institution or unit may apply the portion of the refund authorized by this subsection toward the payment of any outstanding tuition and fees as provided by Subsection (b-1), and may refund the remainder of that portion in the form of, as the institution or unit considers appropriate:


(1) a payment made directly to the student; or


(2) credit toward payment of tuition and mandatory fees for a subsequent semester or other academic term at the institution or unit.


(c) Separate withdrawal refund schedules may be established for optional fees.


(d) A general academic teaching institution or medical and dental unit shall refund tuition and fees paid by a sponsor, donor, or scholarship to the source rather than directly to the student who has withdrawn if the funds were made available through the institution.


(e) A general academic teaching institution or medical and dental unit may terminate a student's student services and privileges, including health services, library privileges, facilities and technology usage, and athletic and cultural entertainment tickets, when the student withdraws from the institution.


(f) Beginning with the summer semester of 1990, if a student withdraws from an institution of higher education because the student is called to active military service, the institution, at the student's option, shall:


(1) refund the tuition and fees paid by the student for the semester in which the student withdraws;


(2) grant a student, who is eligible under the institution's guidelines, an incomplete grade in all courses by designating "withdrawn-military" on the student's transcript; or


(3) as determined by the instructor, assign an appropriate final grade or credit to a student who has satisfactorily completed a substantial amount of coursework and who has demonstrated sufficient mastery of the course material.


(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 546, Sec. 4, eff. June 16, 2007.


Added by Acts 1977, 65th Leg., p. 220, ch. 106, Sec. 1, eff. Aug. 29, 1977. Amended by Acts 1987, 70th Leg., ch. 901, Sec. 1, eff. Aug. 31, 1987; Acts 1991, 72nd Leg., ch. 15, Sec. 1, eff. April 5, 1991; Acts 1993, 73rd Leg., ch. 253, Sec. 1, eff. Aug. 30, 1993.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 546 (S.B. 1231), Sec. 2, eff. June 16, 2007.


Acts 2007, 80th Leg., R.S., Ch. 546 (S.B. 1231), Sec. 3, eff. June 16, 2007.


Acts 2007, 80th Leg., R.S., Ch. 546 (S.B. 1231), Sec. 4, eff. June 16, 2007.


Sec. 54.0065. TUITION REBATE FOR CERTAIN UNDERGRADUATES. (a) A qualified student is eligible for a rebate of a portion of the undergraduate tuition the student has paid if the student:


(1) is awarded a baccalaureate degree from a general academic teaching institution within:


(A) four calendar years after the date the student initially enrolled in the institution or another postsecondary educational institution if:


(i) the institution awarding the degree is a four-year institution; and


(ii) the student is awarded a degree other than a degree in engineering, architecture, or any other program determined by the coordinating board to require more than four years to complete; or


(B) five calendar years after the date the student initially enrolled in the institution or another postsecondary educational institution if:


(i) the institution awarding the degree is a four-year institution; and


(ii) the student is awarded a degree in engineering, architecture, or any other program determined by the coordinating board to require more than four years to complete; and


(2) has attempted no more than three hours in excess of the minimum number of semester credit hours required to complete the degree program:


(A) including:


(i) transfer credits; and


(ii) course credit earned exclusively by examination, except that, for purposes of this subsection, only the number of semester credit hours earned exclusively by examination in excess of nine semester credit hours is treated as hours attempted; and


(B) excluding:


(i) course credit that is earned to satisfy requirements for a Reserve Officers' Training Corps (ROTC) program but that is not required to complete the degree program; and


(ii) course credit, other than course credit earned exclusively by examination, that is earned before graduating from high school.


(b) The amount of tuition to be rebated to a student under this section is $1,000, unless the total amount of undergraduate tuition paid by the student to the institution of higher education awarding the degree was less than $1,000, in which event the amount of tuition to be rebated is an amount equal to the amount of undergraduate tuition paid by the student to the institution. However, a student who paid the institution awarding the degree an amount of undergraduate tuition less than $1,000 may qualify for an increase in the amount of the rebate, not to exceed a total rebate of $1,000, for any amount of undergraduate tuition the student paid to other institutions of higher education by providing the institution with proof of the total amount of that tuition paid to other institutions of higher education.


(c) A student who has transferred from another institution of higher education shall provide the institution awarding the degree an official transcript from each institution attended by the student in order that the period during which the student has been enrolled in a general academic teaching institution and the total number of hours attempted by the student can be verified.


(d) To qualify for a rebate under this section, the student must have been a resident of this state and entitled to pay tuition at the rate provided by this chapter for a resident student at all times while pursuing the degree.


(e) All institutions of higher education shall notify each first-time freshman student of the tuition rebate program.


(f) The institution awarding the degree shall pay the rebate under this section from local funds.


(g) If a student entitled to a rebate under this section has an outstanding student loan, including an emergency loan, owed or guaranteed by this state, including the Texas Guaranteed Student Loan Corporation, the institution shall apply the amount of the rebate to the student's loan. If a student has more than one outstanding loan, the institution shall apply the amount of the rebate to the loans as directed by the student or, if the student fails to provide timely instructions on the application of the amount, the institution shall apply the amount of the rebate to the loans according to priorities established by the coordinating board. If the amount of the rebate exceeds the amount of the loan indebtedness, the institution shall pay the student the excess amount.


(h) The legislature shall account in the General Appropriations Act for the rebates authorized by this section in a way that provides a corresponding increase in the general revenue funds appropriated to the institution. It is the intent of the legislature that rebates authorized by this section shall be financed by savings to the state resulting from reductions in the number of courses taken by undergraduate students.


(i) The coordinating board, in consultation with the institutions of higher education, shall adopt rules for the administration of this section, including a rule to allow an otherwise eligible student to receive a rebate under this section if the student is not awarded a baccalaureate degree within the period required by Subsection (a)(1) solely as a result of a hardship or other good cause. The performance of active duty military service by a student shall be recognized as "good cause" for purposes of this section.


Added by Acts 1997, 75th Leg., ch. 1073, Sec. 1.09, eff. Aug. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 611, Sec. 1, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 292 (S.B. 34), Sec. 3, eff. June 17, 2005.


Acts 2007, 80th Leg., R.S., Ch. 270 (H.B. 86), Sec. 1, eff. June 15, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 593 (S.B. 176), Sec. 1, eff. June 17, 2011.


Acts 2015, 84th Leg., R.S., Ch. 1243 (H.B. 700), Sec. 5, eff. September 1, 2015.


Sec. 54.007. OPTION TO PAY TUITION BY INSTALLMENT. (a) The governing board of each institution of higher education shall provide for the payment of tuition and mandatory fees for a semester or term of 10 weeks or longer through one of the following alternatives:


(1) full payment of tuition and mandatory fees not later than the date established by the institution for purposes of this subdivision; or


(2) payment in installments under one or more payment plan options that require the first payment to be made not later than the date established by the institution for purposes of this subdivision.


(a-1) In providing for the payment of tuition and mandatory fees by installment under Subsection (a)(2), an institution of higher education must also establish subsequent dates at periodic intervals within the applicable semester or term by which subsequent installment payments are due.


(b) For a term of less than 10 weeks, the governing board of each institution of higher education:


(1) shall provide for the payment of tuition and mandatory fees by requiring full payment of tuition and mandatory fees not later than the date established by the institution for purposes of this subdivision; and


(2) may provide for the payment of tuition and mandatory fees by requiring payment in installments under one or more payment plan options that require the first payment to be made not later than the date established by the institution for purposes of this subdivision.


(b-1) A date established by an institution of higher education for purposes of Subsection (a)(1), (a)(2), (b)(1), or (b)(2) may not be later than the date established by the Texas Higher Education Coordinating Board for certifying student enrollment for the semester or term for purposes of formula funding.


(b-2) An institution of higher education may collect on a due date subsequent to a due date established under Subsection (a) or (b):


(1) unpaid tuition and mandatory fee balances resulting from an adjustment to a student's enrollment status or an administrative action; or


(2) unpaid residual balances of tuition and mandatory fees constituting less than five percent of the total amount of tuition and mandatory fees charged to the student by the institution for that semester or term.


(c) The governing board of an institution of higher education may assess and collect incidental fees for students utilizing the payment alternative authorized by Subsection (a)(2) or (b)(2) and for students delinquent in payments. The fees must reasonably reflect the cost to the institution of handling those payments.


(d) A student who fails to make a full payment of the required amount of tuition and mandatory fees, including any incidental fees, by the applicable due date under this section may be prohibited from registering for classes until full payment is made. A student who fails to make full payment prior to the end of the semester or term may be denied credit for the work done that semester or term. The governing board of an institution of higher education may not impose on a student any sanction authorized by this subsection unless the governing board includes in any written or electronic agreement authorized by the student the following statement printed in bold-faced type or in capital letters: "A STUDENT WHO FAILS TO MAKE FULL PAYMENT OF TUITION AND MANDATORY FEES, INCLUDING ANY INCIDENTAL FEES, BY THE DUE DATE MAY BE PROHIBITED FROM REGISTERING FOR CLASSES UNTIL FULL PAYMENT IS MADE. A STUDENT WHO FAILS TO MAKE FULL PAYMENT PRIOR TO THE END OF THE SEMESTER OR TERM MAY BE DENIED CREDIT FOR THE WORK DONE THAT SEMESTER OR TERM." The governing board shall notify a student of any delinquent tuition or fee payment as soon as practicable. The institution's records may be adjusted to reflect the student's failure to have properly enrolled for that semester or term.


(e) In addition to other payment alternatives provided by this section, the governing board of a medical and dental unit or of a general academic teaching institution with a department or college of veterinary medicine may provide for the payment of tuition and mandatory fees at the unit or at the department or college of veterinary medicine during any academic year through a one-fourth payment of tuition and mandatory fees in advance of the beginning of the year and subsequent one-fourth payments of tuition and mandatory fees to be made at periods designated by the governing board. Subsection (b) applies to tuition and mandatory fee payments under this subsection. In this subsection, "general academic teaching institution" and "medical and dental unit" have the meanings assigned by Section 61.003.


(f) A student may elect to pay the tuition and mandatory fees of an institution of higher education by installment under this section regardless of whether the student intends to apply a financial aid award administered by the institution toward the tuition and mandatory fees, except that a student whose financial aid award or awards are available to cover the total amount of tuition and mandatory fees may not pay by installment under this section. On receipt of notice of a student's election to pay tuition and mandatory fees by installment, the governing board of the institution shall apply any financial aid award administered for the student toward the amount of tuition and mandatory fees due for that semester or term until the tuition and mandatory fees are paid in full and shall immediately release any remaining amount of the award to the student, except that the institution is not required to apply the award or awards toward the total amount of tuition and mandatory fees in exigent circumstances as determined by the institution.


(g) The governing board of an institution of higher education shall require a student who elects to pay tuition and mandatory fees by installment under this section to enter into a written or electronic agreement reflecting the terms and conditions required by this section for the installment plan provided for the student by the governing board.


(h) In this section, "public junior college," "public technical institute," and "public state college" have the meanings assigned by Section 61.003.


Added by Acts 1985, 69th Leg., ch. 708, Sec. 10, eff. Aug. 26, 1985. Amended by Acts 1989, 71st Leg., ch. 805, Sec. 1, eff. Aug. 28, 1989; Acts 1990, 71st Leg., 6th C.S., ch. 14, Sec. 1, eff. June 14, 1990; Acts 1997, 75th Leg., ch. 1115, Sec. 1, eff. June 19, 1997; Acts 2001, 77th Leg., ch. 32, Sec. 1, eff. May 3, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 536 (H.B. 993), Sec. 1, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 5, eff. September 1, 2005.


Acts 2005, 79th Leg., Ch. 1181 (S.B. 1227), Sec. 10, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(16), eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 987 (S.B. 1232), Sec. 1, eff. June 15, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 264 (H.B. 1341), Sec. 1, eff. June 17, 2011.


Sec. 54.0071. AUTHORITY OF INSTITUTION TO PROVIDE PAYMENT OPTIONS FOR STUDENT WITH DELAYED FINANCIAL AID. (a) The governing board of an institution of higher education may postpone the due date for the payment of all or part of the tuition and mandatory fees for a student for a semester or term in which the student will receive one or more delayed financial aid awards if:


(1) the student has not received the awards by the regular due date for payment of the tuition and mandatory fees; and


(2) the student agrees to assign to the institution a portion of the awards equal to the amount of tuition and mandatory fees for which the due date is postponed.


(b) A postponed due date under Subsection (a) applies only to the portion of tuition and mandatory fees to be covered by the student's delayed financial aid awards. When the financial aid awards become available, a governing board that postpones a due date under this section shall apply the awards toward the amount of tuition and mandatory fees due and immediately release any remaining amount of the awards to the student.


(c) If after the due date for a student's tuition and mandatory fees is postponed under this section the student becomes ineligible to receive one or more of the delayed financial aid awards, or the amount awarded is less than the amount of tuition and mandatory fees due, the governing board shall provide the student a reasonable period, not to exceed 30 days, to pay the unpaid amount of tuition and mandatory fees. The board may deny a student credit for work done in the semester or term if the student fails to pay the tuition and mandatory fees by the end of that period.


(d) The Texas Higher Education Coordinating Board shall prescribe procedures for the administration of this section.


(e) If a student with delayed financial aid awards has elected to pay tuition and mandatory fees by installment as permitted by Section 54.007 and if the governing board elects to postpone the due date for the student's tuition and mandatory fees as authorized by this section, the governing board in the manner provided by this section shall postpone the due date for each installment payment that becomes due before the student receives the awards.


Added by Acts 2005, 79th Leg., Ch. 1181 (S.B. 1227), Sec. 11, eff. September 1, 2005.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 264 (H.B. 1341), Sec. 2, eff. June 17, 2011.


Sec. 54.008. TUITION RATE SET BY GOVERNING BOARD. (a) The tuition rates provided by Subchapter B of this chapter are minimum rates. Except as provided by Subsections (e), (f), and (g), the governing board of each institution of higher education shall set tuition for graduate programs for that institution at a rate that is at least equal to that prescribed by Subchapter B, but that is not more than twice the rate prescribed by Subchapter B. Between the maximum and minimum rates, the board may set the differential tuition among programs offered by an institution of higher education.


(b) The governing board of a university system is not required to set uniform tuition rates for graduate programs among the component institutions of the system.


(c) The limit on tuition rates provided by Subsection (a) of this section does not apply to tuition at a public junior college.


(d) The difference between the minimum rate prescribed by Subchapter B of this chapter and that set by the governing board of an institution of higher education for an institution shall not be accounted for in an appropriations act in such a way as to reduce the general revenue appropriations to that institution.


(e) The governing board of an institution of higher education shall set tuition for an optometry program at the institution at a rate that is at least equal to the rate prescribed by Subchapter B of this chapter but not more than four times the rate prescribed by Subchapter B of this chapter.


(f) The governing board of an institution of higher education shall set tuition for an undergraduate pharmacy program at the institution at a rate that is at least equal to the rate prescribed by Subchapter B but not more than twice the rate prescribed by Subchapter B. The governing board of an institution of higher education shall set tuition for a graduate or professional pharmacy program at the institution at a rate that is at least equal to the rate prescribed by Subchapter B but not more than three times the rate prescribed by Subchapter B.


(g) The governing board of an institution of higher education shall set tuition for a law school at the institution at a rate that is at least equal to the rate prescribed by Subchapter B but not more than three times the rate prescribed by Subchapter B.


Added by Acts 1987, 70th Leg., ch. 823, Sec. 1.10, eff. June 20, 1987. Amended by Acts 1995, 74th Leg., ch. 451, Sec. 1, eff. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 89, Sec. 1, eff. May 14, 1999; Acts 2001, 77th Leg., ch. 655, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg, ch. 773, Sec. 1, eff. June 13, 2001.


Sec. 54.009. INCREASE IN TUITION RATE OR FEES. An institution of higher education that sets the tuition rates and fees for a semester or summer term and permits a student to register for that semester or summer term may not increase the tuition rate or fees charged that student for that semester or summer term after the student registers regardless of whether that student has paid the tuition and fees for that semester or summer term.


Added by Acts 1997, 75th Leg., ch. 711, Sec. 1, eff. Sept. 1, 1997.


Sec. 54.010. REDUCTION IN TUITION. (a) The governing board of an institution of higher education may reduce the amount of tuition charged to a student under this chapter to an amount less than the amount otherwise required by this chapter if the board:


(1) offers the tuition reduction to the student as part of an institutional policy adopted by the board to:


(A) increase the average semester credit hour course load of students enrolled at the institution; or


(B) improve the retention and graduation rate of students enrolled at the institution; and


(2) determines that the student is:


(A) enrolled in, and making satisfactory progress toward completion of, a degree program offered at the institution; and


(B) enrolled in at least 15 semester credit hours at the institution during the semester or term for which the reduction is offered.


(b) The governing board may offer a tuition reduction under this section in a fixed dollar amount, a percentage amount, or any other manner that the board considers appropriate.


(c) The amount of tuition reduction offered to a student under this section for a semester or term may not exceed the amount of tuition that would have been charged to the student under this chapter for enrollment in three semester credit hours during that semester or term.


(d) For a tuition reduction offered to a student under this section, the governing board may prorate the amount of the reduction based on:


(1) the number of semester credit hours in which the student is enrolled; or


(2) the length of the semester or term for which the student is enrolled.


(e) The governing board is not required to offer a tuition reduction under this section to all institutions of higher education under its governance or to all degree programs offered at an institution of higher education under its governance.


Added by Acts 1999, 76th Leg., ch. 1053, Sec. 1, eff. June 18, 1999.


Sec. 54.011. TUITION LIMIT IN CASES OF CONCURRENT ENROLLMENT. When a student registers at more than one public institution of higher education at the same time, the student's tuition charges shall be determined in the following manner:


(1) The student shall pay the full tuition charge to the first institution at which the student is registered; and in any event the student shall pay an amount at least equal to the minimum tuition specified in this code.


(2) If the minimum tuition specified in this code for the first institution at which the student is registered is equal to or greater than the minimum tuition specified in this code for the second institution at which the student is registered concurrently, the student shall not be required to pay the specified minimum tuition charge to the second institution in addition to the tuition charge paid to the first institution, but shall pay only the hourly rates, as provided in this code, to the second institution.


(3) If the minimum tuition specified in this code for the first institution at which the student is registered is less than the specified minimum tuition charge at the second institution (that is, if the second institution has a higher minimum tuition charge specified in this code), then the student shall first register at the institution having the lower minimum tuition and shall pay to the second institution only the amount equal to the difference between the student's total tuition charge at the second institution and the student's total tuition charge at the first institution, but in no case shall the student pay to the second institution less than the hourly rates as provided in this code.


(4) If a student is considered to be a Texas resident and therefore qualified to pay Texas resident tuition rates by one institution at which the student is registered, the student shall be considered a Texas resident at each of the institutions at which the student is concurrently registered for the purposes of determining the proper tuition charges. Nothing in this subdivision shall be so construed as to allow a nonresident to pay resident tuition except at institutions covered by Section 54.231.


Added by Acts 1977, 65th Leg., p. 21, ch. 7, Sec. 1, eff. March 3, 1977.


Transferred from Education Code, Section 54.062 by Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 8, eff. September 1, 2005.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 3, eff. January 1, 2012.


Sec. 54.012. TUITION RATES FOR CERTAIN DOCTORAL STUDENTS. The governing board of an institution of higher education may charge a resident doctoral student who has more semester credit hours of doctoral work than allowed for purposes of state funding for the current state fiscal biennium under Section 61.059(l) tuition at the rate charged nonresident doctoral students. Tuition charged at the rate provided by this section shall be accounted for as if collected under Section 54.008.


Added by Acts 1993, 73rd Leg., ch. 27, Sec. 5, eff. April 13, 1993. Amended by Acts 1997, 75th Leg., ch. 690, Sec. 1, eff. Sept. 1, 1997.


Transferred from Education Code, Section 54.066 by Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 8, eff. September 1, 2005.


Sec. 54.014. TUITION FOR REPEATED OR EXCESSIVE UNDERGRADUATE HOURS. (a) An institution of higher education may charge a resident undergraduate student tuition at a higher rate than the rate charged to other resident undergraduate students, not to exceed the rate charged to nonresident undergraduate students, if before the semester or other academic session begins the student has previously attempted a number of semester credit hours for courses taken at any institution of higher education while classified as a resident student for tuition purposes that exceeds by at least 30 hours the number of semester credit hours required for completion of the degree program in which the student is enrolled. For purposes of this subsection, an undergraduate student who is not enrolled in a degree program is considered to be enrolled in a degree program or programs requiring a minimum of 120 semester credit hours, including minors and double majors, and for completion of any certificate or other special program in which the student is also enrolled, including a program with a study-abroad component. An institution of higher education that charges students tuition at a higher rate under this subsection may adopt a policy under which the institution exempts from the payment of that higher rate a student that is subject to the payment of the higher rate solely as a result of hardship as determined by the institution under the policy.


(b) Semester credit hours or other credit listed in Section 61.0595(d) is not counted in determining the number of semester credit hours previously attempted by a student for purposes of Subsection (a).


(c) Subsection (a) applies only to the tuition charged to a student who initially enrolled as an undergraduate student in an institution of higher education during or after the 1999 fall semester, except that the institution of higher education may not require a student who initially enrolls as an undergraduate student in an institution of higher education before the 2006 fall semester to pay higher tuition as permitted by Subsection (a) until the number of semester credit hours previously attempted by the student as described by that subsection exceeds the number of semester credit hours required for the student's degree program by at least 45 hours.


(d) In its appropriations to institutions of higher education, the legislature shall compute the local funds available to each institution as if the tuition collected under Subsections (a) and (f) were not collected.


(e) Each institution of higher education shall inform each new undergraduate student enrolling at the institution in writing of the limitation provided by this section on the number of hours or type of courses that a Texas resident is entitled to complete while paying tuition at the rate provided for Texas residents.


(f) An institution of higher education may charge a resident undergraduate student tuition at a higher rate than the rate charged to other resident undergraduate students, not to exceed the rate charged to nonresident undergraduate students, for any course in which the student enrolls that is the same as or substantively identical to a course for which the student previously completed. The Texas Higher Education Coordinating Board shall adopt a rule that exempts a resident undergraduate student from this subsection if the student enrolls in a course that is the same as or substantially similar to a course that the student previously completed, solely as a result of a hardship or other good cause.


Added by Acts 1997, 75th Leg., ch. 1073, Sec. 1.08, eff. Aug. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 6, Sec. 2, eff. April 8, 1999.


Transferred from Education Code, Section 54.068 by Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 8, eff. September 1, 2005.


Sec. 54.015. BILLING AND NOTIFICATION FOR TUITION. For billing and catalogue purposes, each governing board shall accumulate all the tuition that it charges under this chapter into one tuition charge.


Added by Acts 2001, 77th Leg., ch. 655, Sec. 5, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 54.069 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(32), eff. Sept. 1, 2003.


Transferred from Education Code, Section 54.071 by Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 8, eff. September 1, 2005.


Sec. 54.016. FIXED TUITION RATE PROGRAM FOR CERTAIN TRANSFER STUDENTS AT GENERAL ACADEMIC TEACHING INSTITUTIONS. (a) In this section:


(1) "Coordinating board" means the Texas Higher Education Coordinating Board.


(2) "General academic teaching institution" has the meaning assigned by Section 61.003.


(3) "Lower-division institution of higher education" means a public junior college, public state college, or public technical institute.


(b) A general academic teaching institution may develop a fixed tuition rate program for qualified students who agree to transfer to the institution within 12 months after successfully earning an associate degree at a lower-division institution of higher education. Under a program developed under this section, a general academic teaching institution must:


(1) guarantee to a participating student enrolled in an associate degree program at a lower-division institution of higher education, on successful completion of the associate degree program, transfer admission to the general academic teaching institution within the period prescribed above; and


(2) notwithstanding any other provision of this chapter, charge tuition to a participating student for any semester or other academic term during a period of at least 24 months following the student's initial enrollment in the institution at the same rate the general academic teaching institution would have charged to the student during the later of:


(A) the fall semester of the student's freshman year at another institution of higher education had the student entered the general academic teaching institution as a freshman student; or


(B) the fall semester of the second academic year preceding the academic year of the student's initial enrollment in the general academic teaching institution.


(c) A general academic teaching institution that develops a fixed tuition rate program under this section shall prescribe eligibility requirements for participation in the program and notify applicants for transfer admission from lower-division institutions of higher education regarding the program.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1036 (H.B. 2999), Sec. 1, eff. June 17, 2011.


Sec. 54.017. FIXED TUITION PRICE PLAN FOR UNDERGRADUATE STUDENTS AT CERTAIN GENERAL ACADEMIC TEACHING INSTITUTIONS. (a) In this section, "general academic teaching institution" and "public state college" have the meanings assigned by Section 61.003.


(b) This section applies only to a general academic teaching institution other than a public state college.


(c) The governing board of an institution to which this section applies shall offer entering undergraduate students, including undergraduate students who transfer to the institution, the opportunity to participate in a fixed tuition price plan under which the institution agrees not to increase tuition charges per semester credit hour for a participating student for at least the first 12 consecutive semesters that occur after the date of the student's initial enrollment at any public or private institution of higher education, regardless of whether the student enrolls at any institution in those semesters, and subject to any restrictions or qualifications adopted by the governing board. For purposes of this section, one or more summer terms occurring in the same summer is considered a semester.


(d) Unless the institution does not offer other tuition payment options, an institution to which this section applies may require an entering undergraduate student to accept or reject participation in the fixed tuition price plan offered under this section before the date of the student's initial enrollment at the institution.


(e) This section does not require an institution to which this section applies to offer a variable tuition price plan or other tuition payment options to undergraduate students enrolled in the institution.


(f) Fees charged by an institution to a student participating in a fixed tuition price plan under this section may not exceed the fees charged by the institution to a similarly situated student who elects not to participate in the plan, if the institution offers other tuition payment options. For purposes of this subsection, students are similarly situated if they share the same residency status, degree program, course load, course level, and other circumstances affecting the fees charged to the students.


(g) This section does not apply to the tuition charged by an institution to which this section applies to a student who enters the institution for the first time before the 2014 fall semester.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1129 (H.B. 29), Sec. 1, eff. June 14, 2013.


SUBCHAPTER B. TUITION RATES



Sec. 54.0501. DEFINITIONS. In this subchapter:


(1) "Census date" means the date in an academic term on which an institution of higher education is required to certify a student's enrollment to the coordinating board for purposes of determining formula funding for the institution.


(2) "Dependent" means a person who:


(A) is less than 18 years of age and has not been emancipated by marriage or court order; or


(B) as provided by coordinating board rule, is eligible to be claimed as a dependent of a parent of the person for purposes of determining the parent's income tax liability under the Internal Revenue Code of 1986.


(3) "Domicile" means a person's principal, permanent residence to which the person intends to return after any temporary absence.


(4) "Nonresident tuition" means the amount of tuition paid by a person who is not a resident of this state and who is not entitled or permitted to pay resident tuition under this subchapter.


(5) "Parent" means a natural or adoptive parent, managing or possessory conservator, or legal guardian of a person.


(6) "Residence" means a person's home or other dwelling place.


(7) "Resident tuition" means the amount of tuition paid by a person who is a resident of this state.


Added by Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 2, eff. September 1, 2005.


Sec. 54.051. TUITION RATES. (a) In this section:


(1) "Coordinating board" means the Texas Higher Education Coordinating Board.


(2) "General academic teaching institution" has the meaning assigned by Section 61.003(3) of this code.


(3) "Medical and dental unit" has the meaning assigned by Section 61.003 of this code.


(4) "Public junior college" has the meaning assigned by Section 61.003(2) of this code.


(b) The governing board of each institution of higher education and of the Texas State Technical College System shall cause to be collected from students registering at the institution tuition or registration fees at the rates prescribed in this section.


(c) Unless a different rate is specified by this section, tuition for a resident student at a general academic teaching institution is $50 per semester credit hour.


(d) Unless a different rate is specified by this section, tuition for a nonresident student at a general academic teaching institution or medical and dental unit is an amount per semester credit hour equal to the average of the nonresident undergraduate tuition charged to a resident of this state at a public state university in each of the five most populous states other than this state, as computed by the coordinating board under this subsection. The coordinating board shall set the tuition rate provided by this subsection for each academic year and report that rate to each appropriate institution not later than January 1 of the calendar year in which the academic year begins, or as soon after that January 1 as practicable. In computing the tuition rate, the coordinating board shall use the nonresident tuition rates for the other states in effect for the academic year in progress when the board makes the computation.


(e) Tuition for a resident student registered only for thesis or dissertation credit that is the final credit hour requirement for the degree in progress is determined by the governing board of the institution in which the student is enrolled.


(f) Tuition for a resident student enrolled in a program leading to an M.D. or D.O. degree is $6,550 per academic year. Tuition for a nonresident student enrolled in a program leading to an M.D. or D.O. degree is an amount per year equal to three times the rate that a resident student enrolled in a program leading to an M.D. or D.O. degree would pay during the corresponding academic year.


(g) Tuition for a resident student enrolled in a program leading to a D.D.S. degree is $5,400 per academic year. Tuition for a nonresident student enrolled in program leading to a D.D.S. degree is an amount per year equal to three times the rate that a resident student enrolled in a program leading to a D.D.S. degree would pay during the corresponding academic year.


(h) Tuition for a resident student enrolled in a program leading to a D.V.M. degree is $5,400 per academic year. Tuition for a nonresident student enrolled in a program leading to a D.V.M. degree is an amount per year equal to three times the rate that a resident student enrolled in a program leading to a D.V.M. degree would pay during the corresponding academic year.


(i) Tuition for a resident student registered at a law school is $80 per semester credit hour. Tuition for a nonresident student registered at a law school is the amount that can be charged a nonresident graduate student under Subsection (d) and Section 54.008.


(j) Tuition for a student registered in a program leading to a degree in nursing or in an allied health profession is the same as for students with the same residency registered at a general academic teaching institution.


(k) Tuition for a resident student registered at the Texas State Technical College System is the greater of $50 or an amount set by the governing board of the system at not less than $16 per semester credit hour. Tuition for a nonresident student registered at the Texas State Technical College System is an amount set by the governing board of the system at not less than $80 per semester credit hour.


(l) Resident students or nonresident students registered for a course or courses in art, architecture, drama, speech, or music, where individual coaching or instruction is the usual method of instruction, shall pay a fee, in addition to the regular tuition, set by the governing board of the institution.


(m) Unless the student establishes residency or is entitled or permitted to pay resident tuition as provided by this subchapter, tuition for a student who is a citizen of any country other than the United States of America is the same as the tuition required of other nonresident students.


(n) Tuition for a resident student registered in a public junior college is determined by the governing board of each institution, but the tuition may not be less than $8 for each semester credit hour and may not total less than $25 for a semester. Tuition for a nonresident student is determined by the governing board of each institution but the tuition may not be less than $200 for each semester.


(o) Renumbered as V.T.C.A., Education Code Sec. 54.063 and amended by Acts 1985, 69th Leg., ch. 708, Sec. 8, eff. Aug. 26, 1985.


(p) Renumbered as V.T.C.A., Education Code Sec. 54.064 and amended by Acts 1985, 69th Leg., ch. 708, Sec. 9, eff. Aug. 26, 1985.


Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1971, 62nd Leg., p. 3352, ch. 1024, art. 2, Sec. 29, eff. Sept. 1, 1971; Acts 1973, 63rd Leg., p. 88, ch. 51, Sec. 8, eff. Aug. 27, 1973; Acts 1975, 64th Leg., p. 1358, ch. 515, Sec. 1, 2, eff. June 19, 1975; Acts 1975, 64th Leg., p. 2326, ch. 720, Sec. 2, eff. Sept. 1, 1975; Acts 1979, 66th Leg., p. 1382, ch. 617, Sec. 1, eff. Aug. 27, 1979; Acts 1984, 68th Leg., 2nd C.S., ch. 31, art. 10, Sec. 1; Acts 1985, 69th Leg., ch. 708, Sec. 1, 8, 9, eff. Aug. 26, 1985; Acts 1991, 72nd Leg., ch. 287, Sec. 26, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 6.01, eff. Sept. 1, 1992; Acts 1995, 74th Leg., ch. 451, Sec. 2, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 1073, Sec. 1.02, eff. Aug. 1, 1997; Acts 2001, 77th Leg., ch. 655, Sec. 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1392, Sec. 1, eff. June 16, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 6, eff. September 1, 2005.


Sec. 54.0513. DESIGNATED TUITION. (a) In addition to amounts that a governing board of an institution of higher education is authorized to charge as tuition under the other provisions of this chapter, the governing board, under the terms the governing board considers appropriate, may charge any student an amount designated as tuition that the governing board considers necessary for the effective operation of the institution.


(b) A governing board may set a different tuition rate for each program and course level offered by each institution of higher education. A governing board may set a different tuition rate as the governing board considers appropriate to increase graduation rates, encourage efficient use of facilities, or enhance employee performance.


(c) Amounts collected by an institution of higher education under this section are institutional funds as defined by Section 51.009 of this code and shall be accounted for as designated funds. These funds shall not be accounted for in a general appropriations act in such a way as to reduce the general revenue appropriation to a particular institution.


(d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 359, Sec. 16(1), eff. January 1, 2012.


(e) Section 56.033 of this code requiring certain percentage amounts of tuition to be set aside for grants and scholarships does not apply to tuition collected under this section.


(f) A governing board of an institution of higher education may continue to charge as tuition under this section the amount that it charged as the building use fee at that institution in the 1996-1997 academic year without holding a public hearing, but may not increase tuition under this section above that amount without holding a public hearing.


Added by Acts 1997, 75th Leg., ch. 1073, Sec. 1.01, eff. Aug. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 655, Sec. 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1321, Sec. 1, 2, eff. Sept. 1, 2003.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 16(1), eff. January 1, 2012.


Sec. 54.0515. LEGISLATIVE OVERSIGHT COMMITTEE ON HIGHER EDUCATION. (a) In this section, "committee" means the legislative oversight committee on higher education.


(b) The legislative oversight committee on higher education is composed of 12 members as follows:


(1) six members of the senate appointed by the lieutenant governor; and


(2) six members of the house of representatives appointed by the speaker of the house of representatives.


(c) The lieutenant governor shall designate one of the committee members appointed by the lieutenant governor as committee co-chair and the speaker shall designate one of the committee members appointed by the speaker as committee co-chair.


(d) An appointed member of the committee serves at the pleasure of the appointing official. In making appointments to the committee, the appointing officials shall attempt to appoint persons who represent the gender composition, minority populations, and geographic regions of the state.


(e) It is the legislature's intent that each institution of higher education, as a condition to tuition deregulation under Section 54.0513, reasonably implement the following:


(1) each institution shall make satisfactory progress towards the goals provided in its master plan for higher education and in "Closing the Gaps," the state's master plan for higher education; and


(2) each institution shall meet acceptable performance criteria, including measures such as graduation rates, retention rates, enrollment growth, educational quality, efforts to enhance minority participation, opportunities for financial aid, and affordability.


(f) The committee shall:


(1) meet at the call of either chair;


(2) monitor and regularly report to the legislature on each institution of higher education's compliance with the requirements of Subsection (e); and


(3) receive and review information concerning the affordability and accessibility of higher education, including the impact of tuition deregulation.


(g) The committee may request reports and other information from institutions of higher education and the Texas Higher Education Coordinating Board as necessary to carry out this section.


(h) The committee shall make recommendations for any legislative action the committee considers necessary to meet the criteria provided by Subsection (e), and such other criteria as the legislature may establish, and to improve higher education affordability and access.


(i) This section does not create a cause of action.


Added by Acts 2003, 78th Leg., ch. 1321, Sec. 3, eff. Sept. 1, 2003.


Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a) Subject to the other applicable provisions of this subchapter governing the determination of resident status, the following persons are considered residents of this state for purposes of this title:


(1) a person who:


(A) established a domicile in this state not later than one year before the census date of the academic term in which the person is enrolled in an institution of higher education; and


(B) maintained that domicile continuously for the year preceding that census date;


(2) a dependent whose parent:


(A) established a domicile in this state not later than one year before the census date of the academic term in which the dependent is enrolled in an institution of higher education; and


(B) maintained that domicile continuously for the year preceding that census date; and


(3) a person who:


(A) graduated from a public or private high school in this state or received the equivalent of a high school diploma in this state; and


(B) maintained a residence continuously in this state for:


(i) the three years preceding the date of graduation or receipt of the diploma equivalent, as applicable; and


(ii) the year preceding the census date of the academic term in which the person is enrolled in an institution of higher education.


(b) For purposes of this section, the domicile of a dependent's parent is presumed to be the domicile of the dependent unless the person establishes eligibility for resident status under Subsection (a)(3).


Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1979, 66th Leg., p. 1065, ch. 496, Sec. 1, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 1813, ch. 402, Sec. 1, eff. June 11, 1981; Acts 1989, 71st Leg., ch. 620, Sec. 2, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 425, Sec. 1, eff. Aug. 30, 1993; Acts 2001, 77th Leg., ch. 1392, Sec. 2, eff. June 16, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 3, eff. September 1, 2005.


Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT STATUS. A person shall submit the following information to an institution of higher education to establish resident status under this subchapter:


(1) if the person applies for resident status under Section 54.052(a)(1):


(A) a statement of the dates and length of time the person has resided in this state, as relevant to establish resident status under this subchapter; and


(B) a statement by the person that the person's presence in this state for that period was for a purpose of establishing and maintaining a domicile;


(2) if the person applies for resident status under Section 54.052(a)(2):


(A) a statement of the dates and length of time any parent of the person has resided in this state, as relevant to establish resident status under this subchapter; and


(B) a statement by the parent or, if the parent is unable or unwilling to provide the statement, a statement by the person that the parent's presence in this state for that period was for a purpose of establishing and maintaining a domicile; or


(3) if the person applies for resident status under Section 54.052(a)(3):


(A) a statement of the dates and length of time the person has resided in this state, as relevant to establish resident status under this subchapter; and


(B) if the person is not a citizen or permanent resident of the United States, an affidavit stating that the person will apply to become a permanent resident of the United States as soon as the person becomes eligible to apply.


Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.


Amended by:


Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 3, eff. September 1, 2005.


(c) Subsections (a) and (b) do not apply to a person who enrolls in an institution of higher education after two or more consecutive regular semesters during which the person is not enrolled in an institution of higher education. To be classified as a resident on that enrollment, the person must submit the information required by Section 54.053 and satisfy all applicable requirements to establish resident status. If the person is classified as a resident on that enrollment, Subsections (a) and (b) apply to the person in a subsequent academic term.


Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1971, 62nd Leg., p. 3353, ch. 1024, art. 2, Sec. 29, eff. Sept. 1, 1971.


Amended by:


Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 3, eff. September 1, 2005.


Sec. 54.055. RECLASSIFICATION BASED ON ADDITIONAL OR CHANGED INFORMATION. (a) On the basis of additional or changed information, an institution of higher education may reclassify as a resident or nonresident of this state under this subchapter a person who has previously been classified as a resident or nonresident under this subchapter.


(b) A reclassification does not apply to an academic term if the reclassification is made on or after the census date of that term.


Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1971, 62nd Leg., p. 3354, ch. 1024, art. 2, Sec. 29, eff. Sept. 1, 1971; Acts 1979, 66th Leg., p. 1066, ch. 496, Sec. 2, eff. Aug. 27, 1979.


Amended by:


Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 3, eff. September 1, 2005.


Sec. 54.056. ERRORS IN CLASSIFICATION. (a) If an institution of higher education erroneously classifies a person as a resident of this state and the person is not entitled or permitted to pay resident tuition under this subchapter, the institution of higher education shall charge nonresident tuition to the person beginning with the first academic term that begins after the date the institution discovers the error. Not earlier than the first day of that term, regardless of whether the person is still enrolled at the institution, the institution may request the person to pay the difference between resident and nonresident tuition for an earlier term as permitted by Section 54.057. For nonpayment of the amount owed, the institution may impose sanctions only as provided by that section. The institution may not require payment as a condition for any subsequent enrollment by the person in the institution.


(b) Regardless of the reason for the error, if an institution of higher education erroneously classifies a person as a nonresident of this state, the institution shall charge resident tuition to the person beginning with the academic term in which the institution discovers the error. The institution immediately shall refund to the person the amount of tuition the person paid in excess of resident tuition.


Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1985, 69th Leg., ch. 708, Sec. 5, eff. Aug. 26, 1985.


Amended by:


Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 3, eff. September 1, 2005.


Sec. 54.057. LIABILITY FOR UNPAID NONRESIDENT TUITION. (a) The following persons are liable for the difference between resident and nonresident tuition for each academic term in which the person pays resident tuition as the result of an erroneous classification under this subchapter:


(1) a person who, in a timely manner after the information becomes available or on request by the institution of higher education, fails to provide to the institution information that the person reasonably should know would be relevant to an accurate classification by the institution under this subchapter; or


(2) a person who provides false information to the institution that the person reasonably should know could lead to an erroneous classification by the institution under this subchapter.


(b) The person shall pay the applicable amount to the institution not later than the 30th day after the date the person is notified of the person's liability for the amount owed. After receiving the notice and until the amount is paid in full, the person is not entitled to receive from the institution a certificate or diploma, if not yet awarded on the date of the notice, or official transcript that is based at least partially on or includes credit for courses taken while the person was erroneously classified as a resident of this state.


(c) A person who is erroneously classified as a resident of this state under this subchapter but who is entitled or permitted to pay resident tuition under this subchapter is not liable for the difference between resident and nonresident tuition under this section.


Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1971, 62nd Leg., p. 3354, ch. 1024, art. 2, Sec. 29, eff. Sept. 1, 1971; Acts 1989, 71st Leg., ch. 620, Sec. 1, eff. Aug. 28, 1989; Acts 2001, 77th Leg., ch. 1392, Sec. 4, eff. June 16, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 3, eff. September 1, 2005.


Sec. 54.0601. NONRESIDENT TUITION RATES AT CERTAIN INSTITUTIONS. On the written request of the governing board of a general academic teaching institution located not more than 100 miles from the boundary of this state with another state, the Texas Higher Education Coordinating Board may set a nonresident tuition rate that is lower than the nonresident tuition rate otherwise provided by this chapter if the coordinating board determines that the lower rate is in the best interest of the institution and will not cause unreasonable harm to any other institution of higher education.


Added by Acts 1995, 74th Leg., ch. 451, Sec. 5, eff. Aug. 28, 1995.


Sec. 54.061. REDUCED DESIGNATED TUITION RATES FOR COURSES PROVIDED DURING OFF-PEAK HOURS AT CERTAIN INSTITUTIONS. (a) This section applies only to a course offered by an institution of higher education:


(1) beginning at 6 p.m. or later during a weekday;


(2) on weekends; or


(3) at other times when the institution's instructional facilities would otherwise be underutilized, as determined by the governing board of the institution.


(c) This section applies only if the legislature specifically appropriates money to institutions to which Section 61.0592 applies for the state fiscal biennium ending August 31, 2009, to cover the tuition revenue lost to the institutions by the application of this section.


Added by Acts 2007, 80th Leg., R.S., Ch. 598 (H.B. 120), Sec. 2, eff. June 15, 2007.


Sec. 54.075. COORDINATING BOARD RULES; SUPPLEMENTATION OF RULES BY INSTITUTIONS LIMITED. (a) The coordinating board shall adopt rules to carry out the purposes of this subchapter.


(b) An institution of higher education may not require a person to provide evidence of resident status that is not required by coordinating board rule.


Added by Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 4, eff. September 1, 2005.


SUBCHAPTER D. WAIVERS, EXEMPTIONS, AND OTHER TUITION AND FEE BENEFITS



Sec. 54.2001. CONTINUED RECEIPT OF EXEMPTIONS OR WAIVERS CONDITIONAL. (a) Notwithstanding any other law but subject to Subsection (f), after initially qualifying under this subchapter for a mandatory or discretionary exemption or waiver from the payment of all or part of the tuition or other fees for enrollment during a semester or term at an institution of higher education, a person may continue to receive the exemption or waiver for a subsequent semester or term only if the person:


(1) as a graduate or undergraduate student, maintains a grade point average that satisfies the institution's grade point average requirement for making satisfactory academic progress toward a degree or certificate in accordance with the institution's policy regarding eligibility for financial aid; and


(2) as an undergraduate student, has not completed as of the beginning of the semester or term a number of semester credit hours that is considered to be excessive under Section 54.014, unless permitted to complete those hours by the institution on a showing of good cause.


(b) In determining whether a person has completed a number of semester credit hours that is considered to be excessive for purposes of Subsection (a)(2), semester credit hours completed include transfer credit hours that count toward the person's undergraduate degree or certificate program course requirements but exclude:


(1) hours earned exclusively by examination;


(2) hours earned for a course for which the person received credit toward the person's high school academic requirements; and


(3) hours earned for developmental coursework that an institution of higher education required the person to take under Subchapter F-1, Chapter 51, or under the provisions of former Section 51.306 or former Section 51.3062.


(c) If on the completion of any semester or term a person fails to meet any requirement of Subsection (a), for the next semester or term in which the person enrolls the person may not receive the exemption or waiver described by Subsection (a). A person may become eligible to receive an exemption or waiver in a subsequent semester or term if the person:


(1) completes a semester or term during which the person is not eligible for an exemption or waiver; and


(2) meets each requirement of Subsection (a), as applicable.


(d) Each institution of higher education shall adopt a policy to allow a student who fails to maintain a grade point average as required by Subsection (a)(1) to receive an exemption or waiver in any semester or term on a showing of hardship or other good cause, including:


(1) a showing of a severe illness or other debilitating condition that could affect the student's academic performance;


(2) an indication that the student is responsible for the care of a sick, injured, or needy person and that the student's provision of care could affect the student's academic performance;


(3) the student's active duty or other service in the United States armed forces or the student's active duty in the Texas National Guard; or


(4) any other cause considered acceptable by the institution.


(e) An institution of higher education shall maintain documentation of each exception granted to a student under Subsection (d).


(f) If a requirement imposed by this section for the continued receipt of a specific exemption or waiver conflicts with another requirement imposed by statute for that exemption or waiver, the stricter requirement prevails.


(g) This section does not apply to:


(1) the waiver provided by Section 54.216 or any other reduction in tuition provided to a high school student for enrollment in a dual credit course or other course for which the student may earn joint high school and college credit;


(2) the exemption provided by Section 54.341(a-2)(1)(A), (B), (C), or (D) or (b)(1)(A), (B), (C), or (D);


(4) any provision of this code that authorizes or requires the payment of tuition or fees at the rates provided for residents of this state by a person who is not a resident of this state for purposes of Subchapter B.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1196 (S.B. 1210), Sec. 1, eff. June 14, 2013.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 734 (S.B. 1123), Sec. 1, eff. June 12, 2017.


Acts 2017, 85th Leg., R.S., Ch. 842 (H.B. 2223), Sec. 2.07, eff. June 15, 2017.


Sec. 54.2002. EXEMPTIONS AND WAIVERS FOR STATE-FUNDED COURSES ONLY. Notwithstanding any other law, a mandatory or discretionary exemption or waiver from the payment of tuition or other fees under this subchapter or another provision of this code applies only to courses for which an institution of higher education receives formula funding.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1196 (S.B. 1210), Sec. 1, eff. June 14, 2013.


Sec. 54.2031. DEPENDENT CHILDREN OF RESIDENTS WHO ARE MEMBERS OF ARMED FORCES DEPLOYED ON COMBAT DUTY. (a) In this section:


(1) "Child" includes a stepchild or adopted child.


(2) "Dependent" means a person who:


(A) is claimed as a dependent on a federal income tax return filed for the preceding year; or


(B) will be claimed as a dependent on a federal income tax return filed for the current year.


(b) The governing board of an institution of higher education shall exempt from the payment of tuition at the institution a dependent child of a member of the armed forces of the United States who is a resident of this state or is entitled to pay resident tuition under this chapter, for any semester or other academic term during which the member of the armed forces is deployed on active duty for the purpose of engaging in a combative military operation outside the United States.


(c) The governing board of an institution of higher education granting an exemption under this section shall require each applicant claiming the exemption to submit satisfactory evidence that the applicant qualifies for the exemption.


(d) A person may not receive an exemption provided for by this section for more than a cumulative total of 150 semester credit hours.


(e) A person may not receive an exemption under this section if the person is in default on a loan made or guaranteed for educational purposes by the State of Texas.


(f) In determining whether to admit a person to any certificate program or any baccalaureate, graduate, postgraduate, or professional degree program, an institution of higher education may not consider the fact that the person is eligible for an exemption under this section.


(g) In its appropriations to institutions of higher education, the legislature shall, based on availability, provide sufficient money to cover the full costs of the exemptions provided for by this section.


(h) If sufficient money is not available to cover the full costs to the institutions of higher education of the exemptions provided for by this section, the Texas Higher Education Coordinating Board shall prorate the available funding to each institution for purposes of this section in proportion to the total amount the institution would otherwise be entitled to receive for purposes of this section. An institution is required to grant an exemption from the payment of tuition under this section only to the extent money is available for that purpose.


(i) The Texas Higher Education Coordinating Board may adopt rules necessary to administer this section.


Added by Acts 2011, 82nd Leg., R.S., Ch. 404 (S.B. 639), Sec. 2, eff. June 17, 2011.


Sec. 54.206. FOREIGN SERVICE OFFICERS. A foreign service officer employed by the United States Department of State and enrolled in an institution of higher education is entitled to pay the tuition and fees at the rates provided for Texas residents if the person is assigned to an office of the department of state that is located in a foreign nation that borders on this state.


Transferred and redesignated from Education Code, Section 54.070 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.211. FACULTY AND DEPENDENTS. A teacher or professor of an institution of higher education, and the spouse and children of such a teacher or professor, are entitled to register in an institution of higher education by paying the tuition fee and other fees or charges required for Texas residents without regard to the length of time the teacher or professor has resided in Texas. A teacher or professor of an institution of higher education and the teacher's or professor's family are entitled to the benefit of this section if the teacher or professor is employed at least one-half time on a regular monthly salary basis by an institution of higher education.


Transferred and redesignated from Education Code, Section 54.059 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.212. TEACHING OR RESEARCH ASSISTANT. A teaching assistant or research assistant of any institution of higher education and the spouse and children of such a teaching assistant or research assistant are entitled to register in a state institution of higher education by paying the tuition fees and other fees or charges required for Texas residents under Section 54.051 of this code, without regard to the length of time the assistant has resided in Texas, if the assistant is employed at least one-half time in a teaching or research assistant position which relates to the assistant's degree program under rules and regulations established by the employer institution.


Transferred and redesignated from Education Code, Section 54.063 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.213. SCHOLARSHIP STUDENT. (a) An institution of higher education may charge a nonresident student who holds a competitive scholarship of at least $1,000 for the academic year or summer term for which the student is enrolled resident tuition and fees without regard to the length of time the student has resided in Texas. The student must compete with other students, including Texas residents, for the scholarship and the scholarship must be awarded by a scholarship committee officially recognized by the administration and be approved by the Texas Higher Education Coordinating Board under criteria developed by the coordinating board.


(b) The total number of students at an institution paying resident tuition under this section for a particular semester may not exceed five percent of the total number of students registered at the institution for the same semester of the preceding academic year.


(c) Expired.


(d) The difference between tuition charged to the student under this section and the tuition the student would be charged if this section did not apply to the student shall not be accounted for in such a way as to reduce the general revenue appropriation to an institution of higher education that charges a nonresident student resident tuition and fees under this section.


Transferred and redesignated from Education Code, Section 54.064 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.214. BIOMEDICAL RESEARCH PROGRAM; SCHOLARSHIP STUDENT. A student is entitled to pay the fees and charges required of Texas residents without regard to the length of time the student has resided in Texas if the student:


(1) holds a competitive academic scholarship or stipend;


(2) is accepted in a clinical and biomedical research training program designed to lead to both doctor of medicine and doctor of philosophy degrees; and


(3) is either a nonresident or a citizen of a country other than the United States of America.


Transferred and redesignated from Education Code, Section 54.065 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.216. STUDENTS ENROLLED IN COURSE FOR CONCURRENT HIGH SCHOOL AND COLLEGE-LEVEL CREDIT; OPTIONAL WAIVER. The governing board of an institution of higher education may waive all or part of the tuition and fees charged by the institution for a student enrolled in a course for which the student is entitled to simultaneously receive both:


(1) course credit toward the student's high school academic requirements; and


(2) course credit toward a degree offered by the institution.


Added by Acts 2003, 78th Leg., ch. 812, Sec. 1, eff. June 20, 2003.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.217. STUDENTS ENROLLED IN FULLY FUNDED COURSES; OPTIONAL WAIVER. The governing board of an institution of higher education may waive tuition and fees for students attending courses that are fully funded by federal or other sources.


Added by Acts 1995, 74th Leg., ch. 327, Sec. 1, eff. June 8, 1995. Renumbered from Sec. 54.212 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(11), eff. Sept. 1, 1999.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.218. DISTANCE LEARNING OR OFF-CAMPUS COURSES; OPTIONAL WAIVER. The governing board of an institution of higher education may waive a fee it is authorized to charge if the board determines that:


(1) a student is enrolled only in distance learning courses or other off-campus courses of the institution;


(2) the student cannot reasonably be expected to use the activities, services, or facilities on which the fee is based; and


(3) the waiver of the fee will not materially impair the ability of the institution either to service any debt on which the fee is based or to offer or operate the particular activity, service, or facility supported by the fee.


Added by Acts 1997, 75th Leg., ch. 1073, Sec. 1.03, eff. Aug. 1, 1997. Renumbered from Sec. 54.214 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(12), eff. Sept. 1, 1999.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.221. THE UNIVERSITY OF TEXAS SYSTEM; SCIENCE AND TECHNOLOGY DEVELOPMENT, MANAGEMENT, AND TRANSFER. To the extent provided for in an agreement authorized by Section 65.45, a person employed by the entity with whom the system enters into such an agreement, or the person's spouse or child, may pay the tuition and fees charged to residents of this state when enrolled in an institution of The University of Texas System.


Added by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.222. ECONOMIC DEVELOPMENT AND DIVERSIFICATION. (a) A person who registers at an institution of higher education without having established resident status in this state under Section 54.052 is entitled to pay tuition and required fees at the rate provided for residents of this state if:


(1) the person or, as determined by coordinating board rule, an adult member of the person's family who resides in the person's household and is a primary caretaker of the person establishes by the institution's enrollment date a residence in this state as a result of the person's or caretaker's employment by a business or organization that, not earlier than five years before the enrollment date, became established in this state as part of the program of state economic development and diversification authorized by the law of this state; and


(2) the person files with that institution of higher education a letter of intent to establish residency in this state.


(b) The Texas Higher Education Coordinating Board, in consultation with the Texas Economic Development and Tourism Office, shall establish procedures to determine:


(1) whether a business or organization meets the requirements of this section; and


(2) the date on which the business or organization became established in this state as part of the program of state economic development and diversification.


Transferred and redesignated from Education Code, Section 54.066 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.223. TUITION RATES FOR OLYMPIC ATHLETES. (a) A person enrolled in The University of Texas at Brownsville and Texas Southmost College is entitled to pay tuition and fees at the rates provided for Texas residents if the person:


(1) is in residence and in training as a participating athlete in a Community Olympic Development Program or at a United States Olympic training center located in this state;


(2) is residing permanently or temporarily in this state while in training as a participating athlete:


(A) in a Community Olympic Development Program located in this state; or


(B) at a United States Olympic training center located in this state in a program approved by the governing body for the athlete's Olympic sport; or


(3) is residing permanently or temporarily in this state while in training as a participating athlete at a facility in this state approved by the governing body for the athlete's Olympic sport, in a program approved by that body.


(b) Notwithstanding any other law, a person who is entitled to pay resident tuition and fees only as permitted by this section is not considered a Texas resident under this subchapter for purposes of a financial aid program offered by this state.


Transferred and redesignated from Education Code, Section 54.073 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.225. STUDENTS ENROLLED IN NON-SEMESTER-LENGTH DEVELOPMENTAL EDUCATION INTERVENTIONS. The governing board of an institution of higher education may exempt from the payment of tuition authorized by this chapter a student who is participating in an approved non-semester-length developmental education intervention (including course-based, non-course-based, alternative-entry/exit, and other intensive developmental education activities).


Added by Acts 2011, 82nd Leg., R.S., Ch. 965 (H.B. 1244), Sec. 2, eff. June 17, 2011.


Sec. 54.231. RESIDENT OF BORDERING STATE OR NATION OR PARTICIPANT IN STUDENT EXCHANGE PROGRAM: TUITION. (a) The nonresident tuition fee prescribed by this chapter does not apply to a nonresident student who is a resident of Arkansas, Louisiana, New Mexico, or Oklahoma and who registers in Texas A&M University--Texarkana, Lamar State College--Orange, Lamar State College--Port Arthur, a Texas public junior college, or a public technical institute, if the institution is situated in a county immediately adjacent to the state in which the nonresident student resides. The nonresident tuition fee prescribed by this chapter does not apply to a nonresident student who is a resident of New Mexico or Oklahoma and who registers in a public technical institute that is situated in a county that is within 100 miles of the state in which the nonresident student resides and who is admitted for the purpose of utilizing available instructional facilities. The nonresident student described in this subsection shall pay an amount equivalent to the amount charged a Texas student registered at a similar school in the state in which the nonresident student resides.


(b) The foreign student tuition fee prescribed in this chapter does not apply to a foreign student who is a resident of a nation situated adjacent to Texas, demonstrates financial need as provided by Subsection (c), and registers in:


(1) any general academic teaching institution or component of the Texas State Technical College System located in a county immediately adjacent to the nation in which the foreign student resides;


(2) lower division courses at a community or junior college having a partnership agreement pursuant to Subchapter N, Chapter 51, with an upper-level university and both institutions are located in the county immediately adjacent to the nation in which the foreign student resides;


(3) Texas A&M University--Kingsville, Texas A&M University--Corpus Christi, or The University of Texas at San Antonio; or


(4) courses that are part of a graduate degree program in public health and are conducted in a county immediately adjacent to the nation in which the foreign student resides.


(c) A foreign student to whom Subsection (b) applies shall pay tuition equal to that charged Texas residents under Section 54.051. The coordinating board shall adopt rules governing the determination of financial need of students to whom Subsection (b) applies and rules governing a pilot project to be established at general academic teaching institutions and at components of the Texas State Technical College System in counties that are not immediately adjacent to the nation in which the foreign student resides.


(d) The coordinating board by rule shall establish a program with the United Mexican States and with Canada for the exchange of students and shall establish programs with other nations for the exchange of students to the extent practicable. The foreign student tuition fee prescribed in this chapter does not apply to a foreign student participating in an exchange program established under this section.


(e) The coordinating board shall adopt rules to determine the number of students who may participate in the programs provided by Subsections (b) and (d) and the students who may transfer from any general academic teaching institution or component of the Texas State Technical College System in a county immediately adjacent to the nation in which the foreign student resides to attend another general academic teaching institution or component of the Texas State Technical College System to complete a degree, certificate, or diploma or attend graduate school.


(f) The payment of resident tuition at Texas A&M University--Texarkana, Lamar State College--Orange, Lamar State College--Port Arthur, or a public technical institute as authorized by Subsection (a) or at an institution of higher education as authorized by Subsection (g) does not affect the constitutionally dedicated funding to which institutions of higher education are entitled under Section 17, Article VII, Texas Constitution.


(g) The nonresident tuition fee prescribed by this chapter does not apply to a nonresident student who is a resident of a county or parish of Arkansas, Louisiana, New Mexico, or Oklahoma that is adjacent to this state and who registers in an institution of higher education, the governing board of which has agreed to admit the student at the resident tuition fee prescribed by this chapter. The state in which the student resides must allow a resident of a county of this state that is adjacent to that state to register in a public institution of higher education in that state at the tuition fee charged residents of that state. The student shall pay tuition equal to that charged residents of this state at the institution.


(h) In this section:


(1) "Coordinating board" means the Texas Higher Education Coordinating Board.


(2) "General academic teaching institution" and "public technical institute" have the meanings assigned by Section 61.003.


Transferred, redesignated and amended from Education Code, Section 54.060 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.232. NATO AGREEMENT. A nonimmigrant alien who resides in this state in accordance with the Agreement between the Parties to the North Atlantic Treaty Regarding the Status of Their Forces (4 U.S.T. 1792) and the spouse or children of that alien are considered to be residents for tuition and fee purposes under this title.


Transferred and redesignated from Education Code, Section 54.074 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.233. ACADEMIC COMMON MARKET. The governing board of an institution of higher education shall charge nonresident students participating in the Academic Common Market and enrolled in programs designated under Section 160.07 the same amount charged resident students in such programs.


Added by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.241. MILITARY PERSONNEL AND DEPENDENTS. (a) Military personnel are classified as provided by this section.


(b) A person who is an officer, enlisted person, selectee, or draftee of the Army, Army Reserve, Army National Guard, Air National Guard, Air Force, Air Force Reserve, Navy, Navy Reserve, Marine Corps, Marine Corps Reserve, Coast Guard, or Coast Guard Reserve of the United States, who is assigned to duty in Texas, and the spouse and children of such an officer, enlisted person, selectee, or draftee, are entitled to register in a state institution of higher education by paying the tuition fee and other fees or charges required of Texas residents, without regard to the length of time the officer, enlisted person, selectee, or draftee has been assigned to duty or resided in the state. However, out-of-state Army National Guard or Air National Guard members attending training with Texas Army or Air National Guard units under National Guard Bureau regulations may not be exempted from nonresident tuition by virtue of that training status nor may out-of-state Army, Air Force, Navy, Marine Corps, or Coast Guard Reserves training with units in Texas under similar regulations be exempted from nonresident tuition by virtue of that training status. It is the intent of the legislature that only those members of the Army or Air National Guard or other reserve forces mentioned above be exempted from the nonresident tuition fee and other fees and charges only when they become members of Texas units of the military organizations mentioned above.


(c) The spouse or child of a member of the Armed Forces of the United States who has been assigned to duty elsewhere immediately following assignment to duty in Texas is entitled to pay the tuition fees and other fees or charges provided for Texas residents as long as the spouse or child resides continuously in Texas.


(d) A spouse or dependent child of a member of the Armed Forces of the United States, who is not assigned to duty in Texas but who has previously resided in Texas for a six-month period, is entitled to pay the tuition fees and other fees or charges provided for Texas residents for a term or semester at an institution of higher education if the member:


(1) at least one year preceding the first day of the term or semester executed a document with the applicable military service that is in effect on the first day of the term or semester and that:


(A) indicates that the member's permanent residence address is in Texas; and


(B) designates Texas as the member's place of legal residence for income tax purposes;


(2) has been registered to vote in Texas for the entire year preceding the first day of the term or semester; and


(3) satisfies at least one of the following requirements:


(A) for the entire year preceding the first day of the term or semester has owned real property in Texas and in that time has not been delinquent in the payment of any taxes on the property;


(B) has had an automobile registered in Texas for the entire year preceding the first day of the term or semester; or


(C) at least one year preceding the first day of the term or semester executed a will that has not been revoked or superseded indicating that the member is a resident of this state and deposited the will with the county clerk of the county of the member's residence under Subchapter A, Chapter 252, Estates Code.


(e) A Texas institution of higher education may charge to the United States government the nonresident tuition fee for a veteran enrolled under the provisions of a federal law or regulation authorizing educational or training benefits for veterans.


(f) The spouse or child of a member of the Armed Forces of the United States who dies or is killed is entitled to pay the resident tuition fee if the spouse or child becomes a resident of Texas within 60 days of the date of death.


(g) If a member of the Armed Forces of the United States is stationed outside Texas, an institution of higher education shall:


(1) permit the member's spouse or child to pay the tuition, fees, and other charges provided for Texas residents without regard to the length of time that the spouse or child has resided in Texas if the spouse or child establishes residence in Texas by residing in Texas and by filing with the Texas institution of higher education at which the spouse or child plans to register a letter of intent to establish residence in Texas; and


(2) permit the member's spouse to pay the tuition, fees, and other charges provided for Texas residents if the spouse:


(A) graduated from a public or private high school in this state or received the equivalent of a high school diploma in this state; and


(B) maintained a domicile in this state continuously for at least one year before the member was assigned to duty outside Texas.


(h) The governing board of Midwestern State University may set the resident and nonresident tuition rates for United States military personnel enrolled in the bachelor of science or master of science degree program in radiological sciences at Midwestern State University at the rates the governing board considers appropriate, notwithstanding any other provision of this subchapter, and may exempt those military personnel from all or part of required fees and charges while enrolled in one of those programs. The total amount of tuition and required fees charged to a resident member of the armed forces under this subsection may not be less than the total amount of tuition and required fees charged to other resident students in the same program. United States military personnel enrolled in one of those programs by instructional telecommunication are entitled to pay tuition fees and other fees or charges provided by the board for United States military personnel residing in Texas if they began the program while stationed at a military base or other installation in Texas as a member of the United States Armed Forces. In this subsection, "instructional telecommunication" means instruction delivered primarily by telecommunication technology, including open-channel television, cable television, closed-circuit television, low power television, communication and/or direct broadcast satellite, satellite master antenna system, microwave, videotape, videodisc, computer software, computer networks, and telephone lines.


(i) A former member of the Armed Forces of the United States or the former member's spouse or dependent child is entitled to pay the tuition fees and other fees or charges provided for Texas residents for any term or semester at a state institution of higher education that begins before the first anniversary of the member's separation from the Armed Forces if the former member:


(1) has retired or been honorably discharged from the Armed Forces; and


(2) has complied with the requirements of Subsection (d).


(j) A member of the Armed Forces of the United States or the child or spouse of a member of the Armed Forces of the United States who is entitled to pay tuition and fees at the rate provided for Texas residents under another provision of this section while enrolled in a degree or certificate program is entitled to pay tuition and fees at the rate provided for Texas residents in any subsequent term or semester while the person is continuously enrolled in the same degree or certificate program. For purposes of this subsection, a person is not required to enroll in a summer term to remain continuously enrolled in a degree or certificate program. The person's eligibility to pay tuition and fees at the rate provided for Texas residents under this subsection does not terminate because the person is no longer a member of the Armed Forces of the United States or the child or spouse of a member of the Armed Forces of the United States.


(k) A person is entitled to pay tuition and fees at an institution of higher education at the rates provided for Texas residents without regard to the length of time the person has resided in this state if the person files with the institution at which the person intends to register a letter of intent to establish residence in this state and resides in this state while enrolled in the institution and the person:


(1) is eligible for benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 (38 U.S.C. Section 3301 et seq.) or any other federal law authorizing educational benefits for veterans;


(2) is the spouse of a person described by Subdivision (1); or


(3) is a child of a person described by Subdivision (1) who is 25 years of age or younger on the first day of the semester or other academic term for which the person is registering, except that the Texas Higher Education Coordinating Board by rule shall prescribe procedures by which a person who suffered from a severe illness or other debilitating condition that affected the person's ability to use the benefit provided by this subsection before reaching that age may be granted additional time to use the benefit corresponding to the time the person was unable to use the benefit because of the illness or condition.


(l) In this section, "child" includes a stepchild.


Transferred and redesignated from Education Code, Section 54.058 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 675 (S.B. 2104), Sec. 5, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 846 (H.B. 2780), Sec. 2, eff. September 1, 2019.


Sec. 54.251. REGISTERED NURSES IN POSTGRADUATE NURSING DEGREE PROGRAMS; OPTIONAL WAIVER. An institution of higher education may permit a registered nurse authorized to practice professional nursing in Texas to register by paying the tuition fees and other fees or charges required for Texas residents under Section 54.051, without regard to the length of time the registered nurse has resided in Texas, if the registered nurse:


(1) is enrolled in a program designed to lead to a master's degree or other higher degree in nursing; and


(2) intends to teach in a program in Texas designed to prepare students for licensure as registered nurses.


Transferred, redesignated and amended from Education Code, Section 54.069 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.261. DESIGNATED TUITION; HARDSHIP; OPTIONAL WAIVER. A governing board may waive all or part of the tuition charged to a student under Section 54.0513 if it finds that the payment of such tuition would cause an undue economic hardship on the student.


Added by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.262. STUDENT SERVICES FEES; OPTIONAL WAIVER. The governing board of an institution of higher education may waive all or part of any compulsory fee or fees authorized by Section 54.503 in the case of any student for whom the payment of the fee would cause an undue financial hardship, provided the number of the students to whom the waiver is granted for a semester or term does not exceed 10 percent of the institution's total enrollment for that semester or term. The board may limit accordingly the participation of a student in the activities financed by the fee so waived.


Added by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.263. STUDENTS 55 YEARS OF AGE OR OLDER; OPTIONAL WAIVER. (a) An institution of higher education may charge a student 55 years of age or older tuition and fees at rates that are lower than the rates otherwise provided by this chapter, under the condition that a student under 55 years of age will not be precluded from enrolling in a course for credit toward a degree or certificate. The institution may set additional qualifications that a student must meet to qualify for tuition and fees at rates set under this section and may set different rates for different programs, campuses, or courses. The institution may set rates under this section for resident students, nonresident students, or both, and may set different rates for resident students and nonresident students.


(b) A tuition or fee rate set under this section must apply uniformly to each student that meets the applicable qualifications set by the institution to pay tuition or fees at that rate.


(c) The legislature in an appropriations act shall account for the rates authorized by Subsection (a) in a way that does not increase the general revenue appropriations to that institution.


Transferred, redesignated, and amended from Education Code, Section 54.013 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.301. HIGHEST RANKING HIGH SCHOOL GRADUATES; OPTIONAL EXEMPTION. The governing board of each institution of higher education may issue scholarships each year to the highest ranking graduate of each accredited high school of this state, exempting the graduates from the payment of tuition during both semesters of the first regular session immediately following their graduation. This exemption may be granted for any one of the first four regular sessions following the individual's graduation from high school when in the opinion of the institution's president the circumstances of an individual case, including military service, merit the action.


Redesignated and amended from Education Code, Section 54.201 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.331. STUDENTS FROM OTHER NATIONS OF THE AMERICAN HEMISPHERE. (a) The governing boards of the institutions of higher education may annually exempt from the payment of tuition fees the following students:


(1) 200 native-born students from the other nations of the American hemisphere; and


(2) 35 native-born students from a Latin American country designated by the United States Department of State.


(b) Ten students from each nation, as authorized in Subsection (a)(1), shall be exempt as provided in this subsection. In the event any nation fails to have 10 students available and qualified for exemption, additional students from the other nations may be exempted, subject to the approval of the Texas Higher Education Coordinating Board and allocation by the coordinating board. However, not more than 235 students from all the nations shall be exempt each year. In the event the nation designated in Subsection (a)(2) of this section fails to have 35 students available and qualified for exemption within a reasonable time, additional students from other nations may be exempt, subject to the approval of the coordinating board.


(c) Every applicant desiring the exemption shall furnish satisfactory evidence, certified by the proper authority of the applicant's native country, that the applicant is a bona fide native-born citizen and resident of the country that certifies the application and that the applicant is scholastically qualified for admission.


(d) The coordinating board, after consultation with representatives of the governing boards of the institutions of higher education, shall formulate and prescribe a plan governing the admission and distribution of all applicants desiring to qualify under the provisions of this section.


(e) No student shall be exempted under this section who is not a native-born citizen of the country certifying the student's qualifications and who has not lived in one of the nations of this hemisphere for a period of at least five years. No member of the Communist Party and no student from Cuba shall be eligible for benefits under this section.


Redesignated and amended from Education Code, Section 54.207 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.341. VETERANS AND OTHER MILITARY PERSONNEL; DEPENDENTS. (a) The governing board of each institution of higher education shall exempt the following persons from the payment of tuition, dues, fees, and other required charges, including fees for correspondence courses but excluding general deposit fees, student services fees, and any fees or charges for lodging, board, or clothing, provided the person seeking the exemption currently resides in this state and entered the service at a location in this state, declared this state as the person's home of record in the manner provided by the applicable military or other service, or would have been determined to be a resident of this state for purposes of Subchapter B at the time the person entered the service:


(1) all nurses and honorably discharged members of the armed forces of the United States who served during the Spanish-American War or during World War I;


(2) all nurses, members of the Women's Army Auxiliary Corps, members of the Women's Auxiliary Volunteer Emergency Service, and all honorably discharged members of the armed forces of the United States who served during World War II except those who were discharged from service because they were over the age of 38 or because of a personal request on the part of the person that the person be discharged from service;


(3) all honorably discharged men and women of the armed forces of the United States who served during the national emergency which began on June 27, 1950, and which is referred to as the Korean War; and


(4) all persons who were honorably discharged from the armed forces of the United States after serving on active military duty, excluding training, for more than 180 days and who served a portion of their active duty during:


(A) the Cold War which began on the date of the termination of the national emergency cited in Subdivision (3);


(B) the Vietnam era which began on December 21, 1961, and ended on May 7, 1975;


(C) the Grenada and Lebanon era which began on August 24, 1982, and ended on July 31, 1984;


(D) the Panama era which began on December 20, 1989, and ended on January 21, 1990;


(E) the Persian Gulf War which began on August 2, 1990, and ends on the date thereafter prescribed by Presidential proclamation or September 1, 1997, whichever occurs first;


(F) the national emergency by reason of certain terrorist attacks that began on September 11, 2001; or


(G) any future national emergency declared in accordance with federal law.


(a-1) A person who before the 2009-2010 academic year received an exemption provided by Subsection (a) continues to be eligible for the exemption provided by that subsection as that subsection existed on January 1, 2009, subject to the other provisions of this section other than the requirement of Subsection (a) that the person must have entered the service at a location in this state, declared this state as the person's home of record, or would have been determined to be a resident of this state for purposes of Subchapter B at the time the person entered the service.


(a-2) The exemptions provided for in Subsection (a) also apply to the spouse of:


(1) a member of the armed forces of the United States:


(A) who was killed in action;


(B) who died while in service;


(C) who is missing in action;


(D) whose death is documented to be directly caused by illness or injury connected with service in the armed forces of the United States; or


(E) who became totally and permanently disabled or meets the eligibility requirements for individual unemployability according to the disability ratings of the Department of Veterans Affairs as a result of a service-related injury; or


(2) a member of the Texas National Guard or the Texas Air National Guard who:


(A) was killed since January 1, 1946, while on active duty either in the service of this state or the United States; or


(B) is totally and permanently disabled or meets the eligibility requirements for individual unemployability according to the disability ratings of the Department of Veterans Affairs, regardless of whether the member is eligible to receive disability benefits from the department, as a result of a service-related injury suffered since January 1, 1946, while on active duty either in the service of this state or the United States.


(a-3) A person who before the 2011-2012 academic year received an exemption provided by Subsection (a) continues to be eligible for the exemption provided by that subsection as that subsection existed on January 1, 2011, subject to the other provisions of this section other than the requirement of Subsection (a) that the person must currently reside in this state.


(a-4) A person who before the 2014-2015 academic year received an exemption under this section continues to be eligible for the exemption provided by this section as this section existed on January 1, 2013.


(b) The exemptions provided for in Subsection (a) also apply to:


(1) the children of members of the armed forces of the United States:


(A) who are or were killed in action;


(B) who die or died while in service;


(C) who are missing in action;


(D) whose death is documented to be directly caused by illness or injury connected with service in the armed forces of the United States; or


(E) who became totally and permanently disabled or meet the eligibility requirements for individual unemployability according to the disability ratings of the Department of Veterans Affairs as a result of a service-related injury; and


(2) the children of members of the Texas National Guard and the Texas Air National Guard who:


(A) were killed since January 1, 1946, while on active duty either in the service of their state or the United States; or


(B) are totally and permanently disabled or meet the eligibility requirements for individual unemployability according to the disability ratings of the Department of Veterans Affairs, regardless of whether the members are eligible to receive disability benefits from the department, as a result of a service-related injury suffered since January 1, 1946, while on active duty either in the service of this state or the United States.


(b-1) To qualify for an exemption under Subsection (a-2) or (b), the spouse or child must be classified as a resident under Subchapter B on the date of the spouse's or child's registration.


(b-2) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 161, Sec. 4.009, eff. September 1, 2013.


(c) A person may not receive exemptions provided for by this section for more than a cumulative total of 150 credit hours.


(d) The governing board of each institution of higher education granting an exemption under this section shall require each applicant claiming the exemption to submit to the institution, in the form and manner prescribed by the Texas Veterans Commission for purposes of this section under Section 434.0079(b), Government Code, an application for the exemption and necessary evidence that the applicant qualifies for the exemption not later than the last class date of the semester or term to which the exemption applies, except that the governing board may encourage the submission of an application and evidence by the official day of record for the semester or term to which the exemption applies on which the institution must determine the enrollment that is reported to the Texas Higher Education Coordinating Board.


(e) The exemption from tuition, fees, and other charges provided for by this section does not apply to a person who at the time of registration is entitled to receive educational benefits under federal legislation that may be used only for the payment of tuition and fees if the value of those benefits received in a semester or other term is equal to or exceeds the value of the exemption for the same semester or other term. If the value of federal benefits that may be used only for the payment of tuition and fees and are received in a semester or other term does not equal or exceed the value of the exemption for the same semester or other term, the person is entitled to receive both those federal benefits and the exemption in the same semester or other term. The combined amount of the federal benefit that may be used only for the payment of tuition and fees plus the amount of the exemption received in a semester or other term may not exceed the cost of tuition and fees for that semester or other term.


(e-1) A person may not receive an exemption under this section if the person is in default on a loan made or guaranteed for educational purposes by the State of Texas.


(f) The governing board of each institution of higher education may enter into contracts with the United States government, or any of its agencies, to furnish instruction to ex-servicemen and ex-service women at a tuition rate which covers the estimated cost of the instruction or, in the alternative, at a tuition rate of $100 a semester, as may be determined by the governing board. If the rates specified are prohibited by federal law for any particular class of ex-servicemen or ex-service women, the tuition rate shall be set by the governing board, but shall not be less than the established rate for civilian students. If federal law provides as to any class of veterans that the tuition payments are to be deducted from subsequent benefits to which the veteran may be entitled, the institution shall refund to any veteran who is a resident of Texas within the meaning of this section the amount by which any adjusted compensation payment is actually reduced because of tuition payments made to the institution by the federal government for the veteran.


(g) The governing board of a public junior college, public technical institute, or public state college, as those terms are defined by Section 61.003, may establish a fee for extraordinary costs associated with a specific course or program and may provide that the exemptions provided by this section do not apply to this fee.


(h) The governing board of each institution of higher education shall electronically report to the Texas Veterans Commission the information required by Section 434.00791, Government Code, relating to each individual receiving an exemption from fees and charges under Subsection (a), (a-2), (b), or (k). The institution shall report the information not later than January 31 of each year for the fall semester, June 30 of each year for the spring semester, and September 30 of each year for the summer session.


(i) The Texas Veterans Commission may adopt rules to provide for the efficient and uniform application of this section. In developing rules under this subsection, the commission shall consult with the Texas Higher Education Coordinating Board and institutions of higher education.


(j) In determining whether to admit a person to any certificate program or any baccalaureate, graduate, postgraduate, or professional degree program, an institution of higher education may not consider the fact that the person is eligible for an exemption under this section.


(k) The Texas Veterans Commission by rule shall prescribe procedures to allow:


(1) a person who becomes eligible for an exemption provided by Subsection (a) to waive the person's right to any unused portion of the number of cumulative credit hours for which the person could receive the exemption and assign the exemption for the unused portion of those credit hours to a child of the person; and


(2) following the death of a person who becomes eligible for an exemption provided by Subsection (a), the assignment of the exemption for the unused portion of the credit hours to a child of the person, to be made by the person's spouse or by the conservator, guardian, custodian, or other legally designated caretaker of the child, if the child does not otherwise qualify for an exemption under Subsection (b).


(k-1) The procedures under Subsection (k) must provide:


(1) the manner in which a person may waive the exemption;


(2) the manner in which a child may be designated to receive the exemption;


(3) a procedure permitting the designation of a different child to receive the exemption if the child previously designated to receive the exemption did not use the exemption under this section for all of the assigned portion of credit hours;


(4) a method of documentation to enable institutions of higher education to determine the eligibility of the designated child to receive the exemption; and


(5) a procedure permitting a person who waived the exemption and designated a child to receive the exemption to revoke that designation as to any unused portion of the assigned credit hours.


(l) To be eligible to receive an exemption under Subsection (k), the child must:


(1) be a student who is classified as a resident under Subchapter B when the child enrolls in an institution of higher education;


(2) as a graduate or undergraduate student, maintain a grade point average that satisfies the grade point average requirement for making satisfactory academic progress in a degree, certificate, or continuing education program as determined by the institution at which the child is enrolled in accordance with the institution's policy regarding eligibility for financial aid; and


(3) be 25 years of age or younger on the first day of the semester or other academic term for which the exemption is claimed.


(m) For purposes of this section, a person is the child of another person if:


(1) the person is the stepchild or the biological or adopted child of the other person; or


(2) the other person claimed the person as a dependent on a federal income tax return filed for the preceding year or will claim the person as a dependent on a federal income tax return for the current year.


(n) The Texas Veterans Commission by rule shall prescribe procedures by which a child assigned an exemption under Subsection (k) who suffered from a severe illness or other debilitating condition that affected the child's ability to use the exemption before reaching the age described by Subsection (l)(3) may be granted additional time to use the exemption corresponding to the time the child was unable to use the exemption because of the illness or condition.


(o) The Texas Higher Education Coordinating Board and the Texas Veterans Commission shall coordinate to provide each respective agency with any information required to ensure the proper administration of this section and the proper execution of each agency's statutory responsibilities concerning this section.


Reenacted, redesignated and amended by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 4.009, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1193 (S.B. 1158), Sec. 1, eff. June 14, 2013.


Sec. 54.3411. PERMANENT FUND SUPPORTING MILITARY AND VETERANS EXEMPTIONS. (a) In this section, "trust company" means the Texas Treasury Safekeeping Trust Company.


(b) The permanent fund supporting military and veterans exemptions is a special fund in the treasury outside the general revenue fund. The fund is composed of:


(1) money transferred or appropriated to the fund by the legislature;


(2) gifts and grants contributed to the fund; and


(3) the returns received from investment of money in the fund.


(c) The trust company shall administer the fund. The trust company shall determine the amount available for distribution from the fund, determined in accordance with a distribution policy that is adopted by the comptroller and designed to preserve the purchasing power of the fund's assets and to provide a stable and predictable stream of annual distributions. Expenses of managing the fund's assets shall be paid from the fund. Except as provided by this section, money in the fund may not be used for any purpose. Sections 403.095 and 404.071, Government Code, do not apply to the fund.


(d) In managing the assets of the fund, through procedures and subject to restrictions the trust company considers appropriate, the trust company may acquire, exchange, sell, supervise, manage, or retain any kind of investment that a prudent investor, exercising reasonable care, skill, and caution, would acquire or retain in light of the purposes, terms, distribution requirements, and other circumstances of the fund then prevailing, taking into consideration the investment of all the assets of the fund rather than a single investment.


(e) The amount available for distribution from the fund may be appropriated only to offset the cost to institutions of higher education of the exemptions required by Section 54.341(k). The amount appropriated shall be distributed to eligible institutions in proportion to each institution's respective share of the aggregate cost to all institutions of the exemptions required by Section 54.341(k), as determined by the Legislative Budget Board. The amount appropriated shall be distributed annually to each eligible institution of higher education.


(f) The governing board of an institution of higher education entitled to receive money under this section may solicit and accept gifts and grants to the fund. A gift or grant to the fund must be distributed and appropriated for the purposes of the fund, subject to any limitation or requirement placed on the gift or grant by the donor or granting entity.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1193 (S.B. 1158), Sec. 2, eff. June 14, 2013.


Sec. 54.342. PRISONERS OF WAR. (a) In this section, "tuition and required fees" includes tuition, service fees, lab fees, building use fees, and all other required fees except room, board, or clothing fees or deposits in the nature of security for the return or proper care of property.


(b) For each semester or summer session and for a total number of semester credit hours not to exceed 120, the governing body of each institution of higher education shall exempt from the payment of tuition and required fees any person who:


(1) is a resident of Texas and was a resident of Texas at the time of the person's original entry into the United States armed forces;


(2) was first classified as a prisoner of war by the United States Department of Defense on or after January 1, 1999; and


(3) is enrolled for at least 12 semester credit hours.


(c) For each semester or session in which a person receives an exemption from tuition and required fees under Subsection (b), the governing body of the institution the person attends shall exempt the person from the payment of fees and charges for lodging and board if the person resides on the campus of the institution. If the person does not reside on the campus of the institution, the institution shall provide to the person a reasonable stipend to cover the costs of the person's lodging and board.


(d) For each semester or session in which a person receives an exemption from tuition and required fees under Subsection (b), the governing body of the institution the person attends shall award to the person a scholarship to cover the costs of books and similar educational materials required for course work at the institution.


(e) An institution may use any available revenue, including legislative appropriations, and shall solicit and accept gifts, grants, and donations for the purposes of this section. The institution shall use gifts, grants, and donations received for the purposes of this section before using any other revenue.


Added by Acts 1999, 76th Leg., ch. 1590, Sec. 11(b), eff. June 19, 1999.


Redesignated from Education Code, Section 54.219 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.343. CHILDREN OF PRISONERS OF WAR OR PERSONS MISSING IN ACTION. (a) In this section:


(1) "Dependent child" means a person under 21 years of age, or a person under 25 years of age who receives the majority of his support from his parent or parents.


(2) "Tuition and fees" includes tuition, service fees, lab fees, building use fees, and all other fees except room, board, or clothing fees, or deposits in the nature of security for the return or proper care of property.


(b) The governing body of each institution of higher education, on presentation of satisfactory evidence, shall exempt from the payment of tuition and fees the dependent child of any person who is a domiciliary of Texas on active duty as a member of the armed forces of the United States, and who at the time of the registration is classified by the Department of Defense as a prisoner of war or as missing in action.


Added by Acts 1971, 62nd Leg., p. 3356, ch. 1024, art. 2, Sec. 33, eff. Sept. 1, 1971.


Redesignated from Education Code, Section 54.209 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.344. PARTICIPANTS IN MILITARY FUNERALS. The governing board of each institution of higher education shall provide a $25 exemption from tuition and required fees under this chapter to a student in exchange for a voucher issued to the student under Section 434.0072, Government Code, that is presented by the student to the institution.


Added by Acts 2007, 80th Leg., R.S., Ch. 660 (H.B. 1187), Sec. 3, eff. June 15, 2007.


Redesignated from Education Code, Section 54.215 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.345. ASSISTANCE FOR TUITION AND FEES FOR MEMBERS OF STATE MILITARY FORCES. (a) For each semester, the adjutant general of the state military forces shall certify to institutions of higher education as described by Section 437.226, Government Code, information identifying the persons to whom the adjutant general has awarded assistance for tuition and mandatory fees under that section.


(b) An institution of higher education shall exempt a person certified by the adjutant general as described by Subsection (a) from the payment of tuition for the semester credit hours for which the person enrolls, not to exceed 12 semester credit hours. If the person is not charged tuition at the rate provided for other Texas residents, the amount of the exemption may not exceed the amount of tuition the person would be charged as a Texas resident for the number of semester credit hours for which the person enrolls, not to exceed 12 semester credit hours.


(c) An institution of higher education shall exempt a person who receives an exemption from tuition under Subsection (b) from the payment of all mandatory fees for any semester in which the person receives the tuition exemption.


Added by Acts 1999, 76th Leg., ch. 1206, Sec. 2, eff. Jan. 1, 2000.


Amended by:


Acts 2005, 79th Leg., Ch. 1181 (S.B. 1227), Sec. 14, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 519 (S.B. 685), Sec. 3, eff. June 16, 2007.


Redesignated from Education Code, Section 54.2155 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.02, eff. September 1, 2013.


Sec. 54.351. CHILDREN OF DISABLED FIREFIGHTERS AND LAW ENFORCEMENT OFFICERS. (a) In this section:


(1) "Eligible firefighter or law enforcement officer" means:


(A) a full-paid or volunteer firefighter;


(B) a full-paid or volunteer municipal, county, or state peace officer, including a game warden; or


(C) a custodial officer of the Texas Department of Criminal Justice.


(2) "Disability" means inability to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment that can be expected to result in death or to be of long-continued and indefinite duration. A person is not considered to be under a disability unless the person provides any proof of the existence of the disability as may be required.


(b) The governing board of each institution of higher education shall exempt from the payment of all dues, fees, and charges any person whose parent is an eligible firefighter or law enforcement officer who has suffered an injury, resulting in death or disability, sustained in the line of duty according to the regulations and criteria then in effect governing the department or agency in which the eligible firefighter or law enforcement officer volunteered or was employed. The exemption does not apply to general deposits or to fees or charges for lodging, board, or clothing.


(c) A person is not entitled to the exemption if the person:


(1) does not apply initially for the exemption before the date the person:


(A) becomes 21 years of age, if the person is not covered by Paragraph (B); or


(B) becomes 22 years of age, if the person is eligible to participate in a school district's special education program under Section 29.003;


(2) does not meet all entrance requirements of the institution; or


(3) does not maintain a scholastic average sufficient to remain in good standing.


(d) Subject to Subsection (e), a person may receive an exemption only for the first 120 undergraduate semester credit hours for which the person registers.


(e) A person is not entitled to an exemption for any term or semester the person begins after the date the person becomes 26 years of age.


(f) A person entitled to an exemption under the provisions of this section shall, when transferring from a public junior college to a public senior college or university, meet the standard entrance requirements required by the senior college or university of an applicant for admission not covered by the provisions of this section.


(g) An eligible firefighter or law enforcement officer whose injury results in a disability shall submit to a physical examination by a physician designated by the United States Social Security Administration to conduct physical examinations and to make disability reports to the Social Security Administration. If the physician decides the injury received has resulted in a disability, the physician shall certify that fact to the head of the department in which the eligible firefighter or law enforcement officer volunteers or is employed.


(h) The head of the department in which the eligible firefighter or law enforcement officer volunteered or was employed at the time the firefighter or law enforcement officer sustained the injury shall file a certificate with the Texas Higher Education Coordinating Board on a form prepared by the board for the purpose. The head of the department shall attach the certificate of the examining physician if an examination is required by Subsection (g). A copy of the certificate on file with the coordinating board is sufficient evidence for the institution to grant the exemption.


Redesignated and amended from Education Code, Section 54.204 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.352. DISABLED PEACE OFFICERS AND FIRE FIGHTERS. (a) The governing board of an institution of higher education shall exempt a student from the payment of tuition and fees for a course for which space is available if the student:


(1) is a resident of this state and has resided in this state for the 12 months immediately preceding the beginning of the semester or session for which an exemption is sought;


(2) is permanently disabled as a result of an injury suffered during the performance of a duty as:


(A) a peace officer of this state or a political subdivision of this state; or


(B) a fire fighter, as defined by Section 614.001, Government Code, employed by this state or a political subdivision of this state; and


(3) is unable to continue employment as a peace officer or fire fighter because of the disability.


(b) A person may not receive an exemption under this section for more than 12 semesters or sessions while the person is enrolled in an undergraduate program or while the person is attending only undergraduate courses.


(b-1) Notwithstanding Subsection (a), the governing board of an institution of higher education may not provide exemptions under this section to students enrolled in a specific course in a number that exceeds 20 percent of the maximum student enrollment designated by the institution for that course.


(c) A person may not receive an exemption under this section if the person is enrolled in a master's degree program or is attending postgraduate courses to meet the requirements of a master's degree program and the person has previously received a master's degree and received an exemption under this section for a semester or session while attending a postgraduate course to meet the requirements of the master's degree program.


(d) A person may not receive an exemption under this section if the person is enrolled in a doctoral degree program or is attending postgraduate courses to meet the requirements of a doctoral degree program and the person has previously received a doctoral degree and received an exemption under this section for a semester or session while attending a postgraduate course to meet the requirements of the doctoral degree program.


(e) A person must apply for an exemption in the manner provided by the governing board of the institution. The governing board shall require an applicant for an exemption to submit satisfactory evidence that the applicant is eligible for the exemption.


(f) The legislature, in an appropriations act, shall account for the rates of tuition and fees authorized by Subsection (a) in a way that does not increase the general revenue appropriations to that institution.


(g) For the purpose of this section, an injury is suffered during the performance of a duty as a peace officer if the injury occurs as a result of the peace officer's performance of any of the following law enforcement duties:


(1) traffic enforcement or traffic control duties, including enforcement of traffic laws, investigation of vehicle accidents, or directing traffic;


(2) pursuit, arrest, or search of a person reasonably believed to have violated a law;


(3) investigation, including undercover investigation, of a criminal act;


(4) patrol duties, including automobile, bicycle, foot, air, or horse patrol;


(5) duties related to the transfer of prisoners; or


(6) training duties, including participation in any training required by the officer's employer or supervisor or by the Texas Commission on Law Enforcement.


(h) For the purpose of this section, a person is considered permanently disabled only if the chief administrative officer of the law enforcement agency, fire department, or other entity that employed the person at the time of the injury, as applicable, determines the person is permanently disabled and satisfies any requirement of an institution under Subsection (e).


Redesignated and amended from Education Code, Section 54.2041 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.14, eff. May 18, 2013.


Acts 2019, 86th Leg., R.S., Ch. 1045 (H.B. 766), Sec. 1, eff. June 14, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1045 (H.B. 766), Sec. 2, eff. June 14, 2019.


Sec. 54.353. FIREFIGHTERS ENROLLED IN FIRE SCIENCE COURSES. (a) The governing board of an institution of higher education shall exempt from the payment of tuition and laboratory fees any student enrolled in one or more courses offered as part of a fire science curriculum who:


(1) is employed as a firefighter by a political subdivision of this state; or


(2) is currently, and has been for at least one year, an active member of an organized volunteer fire department participating in the Texas Emergency Services Retirement System or a retirement system established under the Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil Statutes) and who holds:


(A) an Accredited Advanced level of certification, or an equivalent successor certification, under the State Firemen's and Fire Marshals' Association of Texas volunteer certification program; or


(B) Phase V (Firefighter II) certification, or an equivalent successor certification, under the Texas Commission on Fire Protection's voluntary certification program under Section 419.071, Government Code.


(b) An exemption provided under this section does not apply to deposits that may be required in the nature of security for the return or proper care of property loaned for the use of students.


(c) Notwithstanding Subsection (a), a student who for a semester or term at an institution of higher education receives an exemption under this section may continue to receive the exemption for a subsequent semester or term at any institution only if the student makes satisfactory academic progress toward a degree or certificate at that institution as determined by the institution for purposes of financial aid.


(d) Notwithstanding Subsection (a), the exemption provided under this section does not apply to any amount of additional tuition the institution elects to charge a resident undergraduate student under Section 54.014(a) or (f).


(e) Notwithstanding Subsection (a), the exemption provided under this section does not apply to any amount of tuition the institution charges a graduate student in excess of the amount of tuition charged to similarly situated graduate students because the student has a number of semester credit hours of doctoral work in excess of the applicable number provided by Section 61.059(l)(1) or (2).


(f) The Texas Higher Education Coordinating Board shall adopt:


(1) rules governing the granting or denial of an exemption under this section, including rules relating to the determination of a student's eligibility for an exemption; and


(2) a uniform listing of degree programs covered by the exemption under this section.


Added by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 17(b), eff. January 1, 2012.


Reenacted and amended by Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 3.01(a), eff. June 14, 2013.


Sec. 54.3531. PEACE OFFICERS ENROLLED IN CERTAIN COURSES. (a) The governing board of an institution of higher education shall exempt from the payment of tuition and laboratory fees charged by the institution for a criminal justice or law enforcement course or courses an undergraduate student who:


(1) is employed as a peace officer by this state or by a political subdivision of this state;


(2) is enrolled in a criminal justice or law enforcement-related degree program at the institution;


(3) is making satisfactory academic progress toward the student's degree as determined by the institution; and


(4) applies for the exemption at least one week before the last date of the institution's regular registration period for the applicable semester or other term.


(b) Notwithstanding Subsection (a), a student may not receive an exemption under this section for any course if the student has previously attempted a number of semester credit hours for courses taken at any institution of higher education while classified as a resident student for tuition purposes in excess of the maximum number of those hours specified by Section 61.0595(a) as eligible for funding under the formulas established under Section 61.059.


(c) Notwithstanding Subsection (a), the governing board of an institution of higher education may not provide exemptions under this section to students enrolled in a specific class in a number that exceeds 20 percent of the maximum student enrollment designated by the institution for that class.


(d) An exemption provided under this section does not apply to deposits that may be required in the nature of security for the return or proper care of property loaned for the use of students.


(e) The Texas Higher Education Coordinating Board shall adopt:


(1) rules governing the granting or denial of an exemption under this section, including rules relating to the determination of a student's eligibility for an exemption; and


(2) a uniform listing of degree programs covered by the exemption under this section.


(f) If the legislature does not specifically appropriate funds to an institution of higher education in an amount sufficient to pay the institution's costs in complying with this section for a semester, the governing board of the institution of higher education shall report to the Senate Finance Committee and the House Appropriations Committee the cost to the institution of complying with this section for that semester.


Added by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 17(b), eff. January 1, 2012.


Reenacted by Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 3.01(a), eff. June 14, 2013.


Sec. 54.354. EDUCATION BENEFITS FOR CERTAIN SURVIVORS. (a) A person is eligible to receive education benefits under this section if the person is:


(1) a surviving spouse; or


(2) a surviving minor child as defined by Section 615.001, Government Code.


(b) An eligible person who enrolls as a full-time student at an institution of higher education as defined by Section 61.003 is exempt from tuition and fees at that institution of higher education until the student receives a bachelor's degree or 200 hours of course credit, whichever occurs first.


(c) If the student elects to reside in housing provided by the institution of higher education and qualifies to reside in that housing, the institution shall pay from the general revenue appropriated to the institution the cost of the student's contract for food and housing until the student receives a bachelor's degree or 200 hours of course credit, whichever occurs first. If there is no space available in the institution's housing, the institution shall, from the general revenue appropriated to the institution, pay to the student each month the equivalent amount that the institution would have expended had the student lived in the institution's housing. The institution is not required to pay the student the monthly payment if the student would not qualify to live in the institution's housing.


(d) The institution of higher education shall, from the general revenue appropriated to the institution, pay to the student the cost of the student's textbooks until the student receives a bachelor's degree or 200 hours of course credit, whichever occurs first.


(e) A payment under this section is in addition to any payment made under Section 615.022, Government Code.


Transferred, redesignated and amended from Government Code, Section 615.0225 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.355. CHILDREN OF PROFESSIONAL NURSING PROGRAM FACULTY. (a) In this section:


(1) "Child" means a child 25 years of age or younger and includes an adopted child.


(2) "Graduate professional nursing program" means an educational program of a public or private institution of higher education that prepares students for a master's or doctoral degree in nursing.


(3) "Undergraduate professional nursing program" means a public or private educational program for preparing students for initial licensure as registered nurses.


(b) The governing board of an institution of higher education shall exempt from the payment of tuition a resident of this state enrolled as an undergraduate student at the institution who is a child of a person who, at the beginning of the semester or other academic term for which an exemption is sought, holds a master's or doctoral degree in nursing, if not employed or under contract as a teaching assistant under Subdivision (1) or (2), or a baccalaureate degree in nursing, if employed or under contract as a teaching assistant under Subdivision (1) or (2), and:


(1) is employed by an undergraduate or graduate professional nursing program in this state as a full-time member of its faculty or staff with duties that include teaching, serving as a teaching assistant, performing research, serving as an administrator, or performing other professional services; or


(2) has contracted with an undergraduate or graduate professional nursing program in this state to serve as a full-time member of its faculty or staff to perform duties described by Subdivision (1) during all or part of the semester or other academic term for which an exemption is sought or, if the child is enrolled for a summer session, during all or part of that session or for the next academic year.


(c) A child who would qualify for an exemption under this section but for the fact that the child's parent is not employed full-time is eligible for an exemption on a pro rata basis equal to the percentage of full-time employment the parent is employed, except that a parent employed for less than 25 percent of full-time employment is considered to be employed for 25 percent of full-time employment.


(d) A person is not eligible for an exemption under this section if the person:


(1) has previously received an exemption under this section for 10 semesters or summer sessions at any institution or institutions of higher education; or


(2) has received a baccalaureate degree.


(e) For purposes of Subsection (d), a summer session that is less than nine weeks in duration is considered one-half of a summer session.


(f) The tuition exemption provided by this section applies only to enrollment of a child at the institution at which the child's parent is employed or is under contract.


(g) The Texas Higher Education Coordinating Board shall adopt:


(1) rules governing the granting or denial of an exemption under this section, including rules relating to the determination of eligibility for an exemption; and


(2) a uniform application form for an exemption under this section.


Added by Acts 2005, 79th Leg., Ch. 674 (S.B. 132), Sec. 2, eff. June 17, 2005.


Redesignated from Education Code, Section 54.221 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.356. PRECEPTORS FOR PROFESSIONAL NURSING EDUCATION PROGRAMS. (a) In this section, "child" and "undergraduate professional nursing program" have the meanings assigned by Section 54.355.


(b) The governing board of an institution of higher education shall exempt from the payment of $500 of the total amount of tuition a resident of this state enrolled as a student at the institution who:


(1) is a registered nurse; and


(2) serves under a written preceptor agreement with an undergraduate professional nursing program as a clinical preceptor for students enrolled in the program.


(b-1) A person is entitled to an exemption under Subsection (b) for one semester or other academic term for each semester or other academic term during which the person serves as a clinical preceptor as described by Subsection (b). The person may claim the exemption in:


(1) the semester or other academic term in which the person serves as a clinical preceptor; or


(2) a different semester or other academic term that begins before the first anniversary of the last day of a semester or other academic term described by Subdivision (1), if the person does not claim the exemption in the semester or other term during which the person serves as a clinical preceptor.


(c) The governing board of an institution of higher education shall exempt from the payment of $500 of the total amount of tuition a resident of this state enrolled as an undergraduate student at the institution who is a child of a person who meets the requirements of Subsection (b). The child is entitled to an exemption for one semester or other academic term for each semester or other academic term during which the parent serves as a clinical preceptor. The child may claim the exemption in any semester or other academic term during which the parent could have claimed an exemption under Subsection (b). The child's eligibility for an exemption is not affected by whether the parent also received an exemption under Subsection (b) for the same qualifying service as a clinical preceptor.


(d) Notwithstanding Subsections (b) and (c), if a person eligible for an exemption under this section owes less than $500 in tuition, the governing board of the institution of higher education in which the person is enrolled shall exempt the person from the payment of only the amount of tuition the person owes.


(e) A person is not eligible for an exemption under Subsection (c) if the person:


(1) has previously received an exemption under this section for 10 semesters or summer sessions at any institution or institutions of higher education; or


(2) has received a baccalaureate degree.


(f) For purposes of Subsection (e), a summer session that is less than nine weeks in duration is considered one-half of a summer session.


(g) The Texas Higher Education Coordinating Board shall adopt:


(1) rules governing the granting or denial of an exemption under this section, including rules relating to the determination of eligibility for an exemption; and


(2) a uniform application form for an exemption under this section.


Redesignated and amended from Education Code, Section 54.222 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.361. ONE-YEAR EXEMPTION FOR CERTAIN TANF STUDENTS. A student is exempt from the payment of tuition and fees authorized by this chapter for the first academic year in which the student enrolls at an institution of higher education if the student:


(1) graduated from a public high school in this state;


(2) successfully completed the attendance requirements under Section 25.085;


(3) during the student's last year of public high school in this state, was a dependent child receiving financial assistance under Chapter 31, Human Resources Code, for not less than six months;


(4) is younger than 22 years of age on the date of enrollment;


(5) enrolls at the institution as an undergraduate student not later than the second anniversary of the date of graduation from a public high school in this state;


(6) has met the entrance examination requirements of the institution before the date of enrollment; and


(7) is classified as a resident under Subchapter B.


Redesignated and amended from Education Code, Section 54.212 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.362. FUNDING OF EXEMPTIONS. (a) An institution of higher education may fund tuition exemptions under Section 54.361 or 54.363 from local funds or from funds appropriated to the institution. An institution of higher education is not required to provide tuition exemptions beyond those funded through appropriations specifically designated for this purpose.


(b) The Texas Education Agency shall accept and make available to provide tuition exemptions under Section 54.363 gifts, grants, and donations made to the agency for that purpose. The commissioner of education shall transfer those funds to the Texas Higher Education Coordinating Board to distribute to institutions of higher education that provide exemptions under that section.


Redesignated and amended from Education Code, Section 54.213 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 2, eff. June 17, 2011.


Sec. 54.363. EDUCATIONAL AIDES. (a) In this section, "coordinating board" means the Texas Higher Education Coordinating Board.


(b) The governing board of an institution of higher education shall exempt an eligible educational aide from the payment of tuition and fees, other than class or laboratory fees.


(c) To be eligible for an exemption under this section, a person must:


(1) be a resident of this state;


(2) be a school employee serving in any capacity;


(3) for the initial term or semester for which the person receives an exemption under this section, have worked as an educational aide for at least one school year during the five years preceding that term or semester;


(4) establish financial need as determined by coordinating board rule;


(5) be enrolled at the institution of higher education granting the exemption in courses required for teacher certification in one or more subject areas determined by the Texas Education Agency to be experiencing a critical shortage of teachers at the public schools in this state;


(6) maintain an acceptable grade point average as determined by coordinating board rule; and


(7) comply with any other requirements adopted by the coordinating board under this section.


(c-1) Notwithstanding Subsection (c)(5), a person who previously received a tuition exemption under this section remains eligible for an exemption if the person:


(1) is enrolled at an institution of higher education granting the exemption in courses required for teacher certification; and


(2) meets the eligibility requirements in Subsection (c) other than Subsection (c)(5).


(d) The institution of higher education at which a person seeking an exemption under this section is enrolled must certify the person's eligibility to receive the exemption. As soon as practicable after receiving an application for certification, the institution shall make the determination of eligibility and give notice of its determination to the applicant and to the school district employing the applicant as an educational aide.


(e) The coordinating board shall adopt rules consistent with this section as necessary to implement this section. The coordinating board shall distribute a copy of the rules adopted under this section to each school district and institution of higher education in this state.


(f) The board of trustees of a school district shall establish a plan to encourage the hiring of educational aides who show a willingness to become certified teachers.


(g) The governing board of an institution of higher education that offers courses required for teacher certification shall establish a plan to make those courses more accessible to those who seek teacher certification. The board shall consider as part of its plan to make those courses more accessible for teacher certification, evening classes, Internet classes, or other means approved by the Texas Higher Education Coordinating Board.


Added by Acts 1997, 75th Leg., ch. 524, Sec. 3, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 74, Sec. 1, eff. May 14, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 1181 (S.B. 1227), Sec. 13, eff. September 1, 2005.


Acts 2009, 81st Leg., R.S., Ch. 830 (S.B. 1798), Sec. 1, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1299 (H.B. 2347), Sec. 2, eff. June 19, 2009.


Redesignated from Education Code, Section 54.214 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 50.01, eff. September 28, 2011.


Sec. 54.364. BLIND, DEAF STUDENTS. (a) In this section:


(1) "Resident" has the same meaning as is assigned it in Subchapter B of this chapter.


(2) "Blind person" means a person who is a "blind disabled individual" as defined in Section 91.051(5), Human Resources Code.


(3) "Deaf person" means a person whose sense of hearing is nonfunctional, after all necessary medical treatment, surgery, and use of hearing aids, for understanding normal conversation.


(4) "Tuition fees" includes all dues, fees, and enrollment charges whatsoever for which exemptions may be lawfully made, including fees for correspondence courses, general deposit fees, and student services fees, but does not include fees or charges for lodging, board, or clothing.


(5) "Institution of higher education" has the meaning assigned by Section 61.003, except that the term includes the Southwest College for the Deaf.


(b) A deaf or blind person who is a resident is entitled to exemption from the payment of tuition fees at any institution of higher education utilizing public funds if the person presents:


(1) certification that the person is a "blind person" or a "deaf person" as defined in Subsection (a) by the Department of Assistive and Rehabilitative Services in a written statement, which certification is considered conclusive;


(2) a written statement of purpose from the person that indicates the certificate or degree program to be pursued or the professional enhancement from the course of study for that certificate or degree program;


(3) a high school diploma or its equivalent;


(4) a letter of recommendation from the principal of the high school attended by the deaf or blind individual, a public official, or some other responsible person who knows the deaf or blind individual and is willing to serve as a reference; and


(5) proof that the person meets all other entrance requirements of the institution.


(c) The governing board of an institution may establish special entrance requirements to fit the circumstances of deaf and blind persons. The Department of Assistive and Rehabilitative Services and the Texas Higher Education Coordinating Board may develop any rules and procedures that these agencies determine necessary for the efficient implementation of this section.


(d) For the purposes of this section, a person is required to present certification that the person is a "blind person" or a "deaf person" as required under Subsection (b)(1) at the time the person initially enrolls at an institution of higher education in the course of study designated by the person under Subsection (b)(2). The certification is valid for each semester that the person enrolls at that institution in the designated course of study.


(e) A person who qualifies for an exemption under this section is entitled to the exemption for each course in which the person enrolls at an institution of higher education.


Redesignated and amended from Education Code, Section 54.205 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 2 (H.B. 1101), Sec. 4, eff. September 1, 2019.


Sec. 54.365. SENIOR CITIZENS; OPTIONAL BENEFIT. (a) In this section, "senior citizen" means a person 65 years of age or older.


(b) The governing board of a state-supported institution of higher education may allow a senior citizen to audit any course offered by the institution without the payment of a fee if space is available.


(c) The governing board of an institution of higher education may allow a senior citizen to enroll for credit in up to six hours of courses offered by the institution each semester or summer term without payment of tuition if space is available.


Redesignated and amended from Education Code, Section 54.210 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.366. EXEMPTIONS FOR STUDENTS UNDER CONSERVATORSHIP OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. (a) A student is exempt from the payment of tuition and fees authorized in this chapter, including tuition and fees charged by an institution of higher education for a dual credit course or other course for which a high school student may earn joint high school and college credit, if the student:


(1) was under the conservatorship of the Department of Family and Protective Services:


(A) on the day preceding the student's 18th birthday;


(B) on or after the day of the student's 14th birthday, if the student was also eligible for adoption on or after that day;


(C) on the day the student graduated from high school or received the equivalent of a high school diploma;


(D) on the day preceding:


(i) the date the student is adopted, if that date is on or after September 1, 2009; or


(ii) the date permanent managing conservatorship of the student is awarded to a person other than the student's parent, if that date is on or after September 1, 2009; or


(E) during an academic term in which the student was enrolled in a dual credit course or other course for which a high school student may earn joint high school and college credit; and


(2) enrolls in an institution of higher education as an undergraduate student or in a dual credit course or other course for which a high school student may earn joint high school and college credit not later than the student's 25th birthday.


(b) The Texas Education Agency and the Texas Higher Education Coordinating Board shall develop outreach programs to ensure that students in the conservatorship of the Department of Family and Protective Services and in grades 9-12 are aware of the availability of the exemption from the payment of tuition and fees provided by this section.


(c) Notwithstanding Subsection (a)(1), a child who exits the conservatorship of the Department of Family and Protective Services and is returned to the child's parent, including a parent whose parental rights were previously terminated, may be exempt from the payment of tuition and fees if the department determines that the child is eligible under department rule. The executive commissioner of the Health and Human Services Commission shall by rule develop factors for determining eligibility under this subsection in consultation with the department and the Texas Higher Education Coordinating Board.


Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 7.014, eff. September 1, 2011.


Reenacted, redesignated and amended by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 3, eff. September 1, 2015.


Sec. 54.367. EXEMPTIONS FOR ADOPTED STUDENTS FORMERLY IN FOSTER OR OTHER RESIDENTIAL CARE. (a) A student is exempt from the payment of tuition and fees authorized by this chapter if the student:


(1) was adopted; and


(2) was the subject of an adoption assistance agreement under Subchapter D, Chapter 162, Family Code, that:


(A) provided monthly payments and medical assistance benefits; and


(B) was not limited to providing only for the reimbursement of nonrecurring expenses, including reasonable and necessary adoption fees, court costs, attorney's fees, and other expenses directly related to the legal adoption of the child.


(b) The Texas Education Agency and the Texas Higher Education Coordinating Board shall develop outreach programs to ensure that adopted students in grades 9-12 formerly in foster or other residential care are aware of the availability of the exemption from the payment of tuition and fees provided by this section.


Added by Acts 2003, 78th Leg., ch. 1266, Sec. 1.10, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.02, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 267 (H.B. 2702), Sec. 1, eff. June 13, 2007.


Redesignated from Education Code, Section 54.2111 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.368. INTERINSTITUTIONAL ACADEMIC PROGRAMS; OPTIONAL EXEMPTION. (a) In this section:


(1) "Interinstitutional academic program" means a program under which a student may, in accordance with a written agreement between an institution of higher education and one or more other institutions of higher education or private or independent institutions of higher education, take courses at each institution that is a party to the agreement as necessary to fulfill the program's degree or certificate requirements.


(2) "Private or independent institution of higher education" has the meaning assigned by Section 61.003.


(b) Notwithstanding any other provision of this chapter, the governing board of an institution of higher education may exempt from the payment of tuition and required fees authorized by this chapter a student who is taking a course, including an interdisciplinary course, at the institution under an interinstitutional academic program agreement but who is enrolled primarily at another institution of higher education or at a private or independent institution of higher education that is a party to the agreement and to which the student is responsible for the payment of tuition and fees.


Redesignated and amended from Education Code, Section 54.224 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.


Sec. 54.369. THE TEXAS A&M UNIVERSITY SYSTEM; NATIONAL LABORATORY OR NATIONAL LABORATORY OPERATOR EMPLOYEE OR DEPENDENT. (a) In this section:


(1) "Board" means the board of regents of The Texas A&M University System.


(2) "National laboratory" means a national laboratory owned by the United States Department of Energy.


(3) "Operator" means a person awarded a contract to operate and manage a national laboratory.


(b) A person, or the person's dependent, is entitled to pay tuition and fees at the rates provided for Texas residents when enrolled in an institution of The Texas A&M University System if the person is employed by:


(1) a national laboratory with whom the board has entered into a management and operation agreement or academic affiliation agreement; or


(2) the operator of a national laboratory with whom the board has entered into a membership agreement or equivalent governance document.


Added by Acts 2019, 86th Leg., R.S., Ch. 1154 (H.B. 3124), Sec. 1, eff. June 14, 2019.


SUBCHAPTER E. OTHER FEES AND DEPOSITS



Sec. 54.501. LABORATORY FEES. (a) An institution of higher education shall set and collect a laboratory fee in an amount sufficient to cover the general cost of laboratory materials and supplies used by a student. An institution other than a public junior college may charge a laboratory fee in an amount that is not less than $2 nor more than $30 for any one semester or summer term for a student in any one laboratory course, except that the amount of the laboratory fee may not exceed the cost of actual materials and supplies used by the student. A public junior college may charge a laboratory fee in an amount that does not exceed the lesser of $24 per semester credit hour of laboratory course credit for which the student is enrolled or the cost of actual materials and supplies used by the student.


(b) Laboratory fees collected by an institution under this section shall be accounted for as educational and general funds.


(c) The governing board of a public junior college may set and collect a fee per contact hour, not to exceed $4, for each person registered in an aerospace mechanics certification course where the fee is required to offset that portion of the cost of the course, including the cost of equipment and of professional instruction or tutoring, that is not covered by state funding or by the fee in Subsection (a).


Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1985, 69th Leg., ch. 497, Sec. 1, eff. June 12, 1985; Acts 1987, 70th Leg., ch. 901, Sec. 2, eff. Aug. 31, 1987; Acts 2003, 78th Leg., ch. 1238, Sec. 1, eff. June 20, 2003.


Sec. 54.5011. CHARGES AND FEES FOR CERTAIN PAYMENTS. (a) This section applies to a payment of tuition, a fee, or another charge to an institution of higher education that is made or authorized person, by mail, by telephone call, or through the Internet by means of:


(1) an electronic funds transfer; or


(2) a credit card.


(b) An institution of higher education may charge a fee or other amount in connection with a payment to which this section applies, in addition to the amount of the tuition, fee, or other charge being paid, including:


(1) a discount, convenience, or service charge for the transaction; or


(2) a service charge in connection with a payment transaction that is dishonored or refused for lack of funds or insufficient funds.


(c) A fee or other charge under this section must be in an amount reasonable and necessary to reimburse the institution for the expense incurred by the institution in processing and handling the payment or payment transaction.


(d) Before accepting a payment by credit card, the institution shall notify the student of any fee to be charged under this section.


Added by Acts 2001, 77th Leg., ch. 118, Sec. 6.01, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1266, Sec. 1.11, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 980 (H.B. 1829), Sec. 2, eff. June 18, 2005.


Sec. 54.502. GENERAL DEPOSITS. (a) An institution of higher education may collect a reasonable deposit in an amount not to exceed $100 from each student to insure the institution against any losses, damages, and breakage for which the student is responsible and to cover any other amounts owed by the student to the institution. The institution shall return to the student the deposit, less any such amounts owed to the institution by the student. The deposit must be returned within a reasonable period after the date of the student's withdrawal or graduation from the institution, not to exceed 180 days, that provides the institution with sufficient time to identify all amounts owed and to determine that the student does not intend to enroll at the institution in the semester or summer session immediately following the student's withdrawal or graduation or, if the student withdraws or graduates in the spring semester, in the next fall semester.


(b) The medical, dental, and allied health units of The University of Texas System, the University of North Texas Health Science Center at Fort Worth, the Texas Tech University Health Sciences Center, and The Texas A&M University College of Medicine may collect a breakage or loss deposit no greater than $30.


Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1987, 70th Leg., ch. 901, Sec. 3, eff. Aug. 31, 1987; Acts 1989, 71st Leg., ch. 910, Sec. 6; Acts 1993, 73rd Leg., ch. 408, Sec. 5, eff. Aug. 30, 1993; Acts 2001, 77th Leg., ch. 1416, Sec. 1, eff. June 16, 2001.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1318 (S.B. 1233), Sec. 4, eff. June 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1318 (S.B. 1233), Sec. 5, eff. June 15, 2007.


Sec. 54.5021. STUDENT DEPOSIT FUND; COMPOSITION AND USES. (a) The student deposit fund consists of the income from the investment or time deposits of general deposits and of forfeited general deposits. Any general deposit which remains without call for refund for a period of four years from the date of last attendance of the student making the deposit shall be forfeited and become a part of the student deposit fund. This section does not prohibit refund of any balance remaining in a general deposit when made on proper demand and within the four-year limitation period. The governing board of the institution may require that no student withdraw the student's deposit until the student has graduated or has apparently withdrawn from school.


(b) The student deposit fund of an institution of higher education shall be used, at the discretion of the institution's governing board, for making scholarship awards to needy and deserving students of the institution and making grants under Subchapter C, Chapter 56, to resident students of the institution. The governing board shall administer the scholarship awards for the institution, including the selection of recipients and the amounts and conditions of the awards. The recipients of the scholarships must be residents of the state as defined for tuition purposes.


(c) Not later than August 31 of each fiscal year, each institution of higher education that has an unobligated and unexpended balance in its student deposit fund that exceeds 150 percent of the total deposits to that fund during that year shall remit to the Texas Higher Education Coordinating Board the amount of that excess. The coordinating board shall allocate on an equitable basis amounts received under this subsection to institutions of higher education that do not have an excess described by this subsection for deposit in their student deposit fund. The amount allocated under this subsection may be used only for making grants under Subchapter M, Chapter 56.


Renumbered from Education Code, Sec. 51.052, by Acts 1987, 70th Leg., ch. 901, Sec. 4, eff. Aug. 31, 1987. Amended by Acts 1993, 73rd Leg., ch. 595, Sec. 1, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1590, Sec. 2, eff. June 19, 1999.


Amended by:


Acts 2005, 79th Leg., Ch. 1181 (S.B. 1227), Sec. 15, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 1318 (S.B. 1233), Sec. 6, eff. June 15, 2007.


Renumbered from Education Code Sec. 51.051 by Acts 1987, 70th Leg., ch. 901, Sec. 5, eff. Aug. 31, 1987. Amended by Acts 1989, 71st Leg., ch. 628, Sec. 3, eff. Aug. 28, 1989.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1318 (S.B. 1233), Sec. 7, eff. June 15, 2007.


Sec. 54.5025. PRORATION OF FEES. Based on the length of the semester or term for which a student is enrolled, the governing board of an institution of higher education may prorate the amount of any fee charged to the student under this chapter.


Added by Acts 1999, 76th Leg., ch. 1053, Sec. 2, eff. June 18, 1999.


Sec. 54.503. STUDENT SERVICES FEES. (a) For the purposes of this section:


(1) "Student services" means activities which are separate and apart from the regularly scheduled academic functions of the institution and directly involve or benefit students, including textbook rentals, recreational activities, health and hospital services, medical services, intramural and intercollegiate athletics, artists and lecture series, cultural entertainment series, debating and oratorical activities, student publications, student government, the student fee advisory committee, student transportation services other than services under Sections 54.504, 54.511, 54.512, and 54.513 of this code, and any other student activities and services specifically authorized and approved by the governing board of the institution of higher education. The term does not include services for which a fee is charged under another section of this code.


(2) "Compulsory fee" means a fee that is charged to all students enrolled at the institution.


(3) "Voluntary fee" means a fee that is charged only to those students who make use of the student service for which the fee is established.


(b) The governing board of an institution of higher education may charge and collect from students registered at the institution fees to cover the cost of student services. The fee or fees may be either voluntary or compulsory as determined by the governing board. The total of all compulsory student services fees collected from a student at an institution of higher education other than The University of Texas at Austin or a component institution of the University of Houston System for any one semester or summer session shall not exceed $250. All compulsory student services fees charged and collected under this section by the governing board of an institution of higher education, other than a public junior college, shall be assessed in proportion to the number of semester credit hours for which a student registers. No portion of the compulsory fees collected may be expended for parking facilities or services, except as related to providing shuttle bus services.


(c) The provisions of this section do not affect the building use fees or other special fees authorized by the legislature for any institution for the purpose of financing revenue bond issues.


(d) All money collected as student services fees shall be reserved and accounted for in an account or accounts kept separate and apart from educational and general funds of the institution and shall be used only for the support of student services. All the money shall be placed in a depository bank or banks designated by the governing board and shall be secured as required by law. Each year the governing board shall approve for the institution a separate budget for student activities and services financed by fees authorized in this section. The budget shall show the fees to be assessed, the purpose or functions to be financed, the estimated income to be derived, and the proposed expenditures to be made. Copies of the budgets shall be filed annually with the coordinating board, the governor, the legislative budget board, and the state library.


(e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 359, Sec. 16(2), eff. January 1, 2012.


(f) If the total compulsory fee charged under this section is more than $150, the increase does not take effect unless the increase is approved by a majority vote of the students voting in an election held for that purpose or by a majority vote of the student government at the institution. In subsequent years, an election authorizing a fee increase must be held before the fee can be increased by more than 10 percent of the fee approved at the last student election.


(g) If a student registers at more than one institution of higher education within a college or university system under concurrent enrollment provisions of joint or cooperative programs between institutions, the student shall pay all compulsory student services fees to the institution designated as the home institution under the joint or cooperative program. The governing board of the college or university system may waive the payment of all compulsory student services fees at the other institution or institutions.


(h) Except for Subsection (g) of this section, this section does not apply to The University of Texas at Austin or a component institution of the University of Houston System.


(i) General revenue appropriations, other educational and general income, and funds appropriated under Article VII, Section 17 or 18, of the Texas Constitution may be expended on a proportional use basis to support the services, activities, and facilities provided for in this section to the extent that the use of such funds is not otherwise restricted by the Texas Constitution or general law.


Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1973, 63rd Leg., p. 1759, ch. 641, Sec. 2, eff. Aug. 27, 1973; Acts 1979, 66th Leg., p. 1872, ch. 756, Sec. 1, 2, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 2060, ch. 378, Sec. 2; Acts 1983, 68th Leg., p. 2062, ch. 379, Sec. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 410, Sec. 1, eff. Aug. 31, 1987; Acts 1987, 70th Leg., ch. 901, Sec. 6, eff. Aug. 31, 1987; Acts 1989, 71st Leg., ch. 584, Sec. 99, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 844, Sec. 1, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 848, Sec. 1, eff. Aug. 26, 1991; Acts 1999, 76th Leg., ch. 288, Sec. 1, eff. May 29, 1999; Acts 2001, 77th Leg., ch. 879, Sec. 1, eff. June 14, 2001.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 16(2), eff. January 1, 2012.


Sec. 54.5031. STUDENT FEE ADVISORY COMMITTEE. (a) A student fee advisory committee is established at each institution of higher education except The University of Texas at Austin and the institutions of The Texas A&M University System to advise the governing board and administration of the institution on the type, amount, and expenditure of compulsory fees for student services under Section 54.503 of this code.


(b) Each committee is composed of the following nine members:


(1) five student members who are enrolled for not less than six semester credit hours at the institution and who are representative of all students enrolled at the institution, selected under Subsection (c) of this section; and


(2) four members who are representative of the entire institution, appointed by the president of the institution.


(c) If the institution has a student government, the student government shall appoint three students to serve two-year terms on the committee and two students to serve one-year terms on the committee. If the institution does not have a student government, the students enrolled at the institution shall elect three students to serve two-year terms on the committee and two students to serve one-year terms on the committee. A candidate for a position on the committee must designate whether the position is for a one-year or two-year term.


(d) A student member of the committee who withdraws from the institution must resign from the committee.


(e) A vacancy in an appointive position on the committee shall be filled for the unexpired portion of the term in the same manner as the original appointment. A vacancy in an elective position on the committee shall be filled for the unexpired portion of the term by appointment by the president of the institution.


(f) The committee shall:


(1) study the type, amount, and expenditure of a compulsory fee under Section 54.503 of this code; and


(2) meet with appropriate administrators of the institution, submit a written report on the study under Subdivision (1) of this subsection, and recommend the type, amount, and expenditure of a compulsory fee to be charged for the next academic year.


(g) Before recommending the student fee budget to the governing board of the institution, the president of the institution shall consider the report and recommendations of the committee. If the president's recommendations to the governing board are substantially different from the committee's recommendations to the president, the administration of the institution shall notify the committee not later than the last date on which the committee may request an appearance at the board meeting. On request of a member of the committee, the administration of the institution shall provide the member with a written report of the president's recommendations to the board.


Added by Acts 1991, 72nd Leg., ch. 844, Sec. 2, eff. Aug. 26, 1991.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1419 (H.B. 3114), Sec. 1, eff. June 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1425 (S.B. 1495), Sec. 1, eff. June 15, 2007.


Sec. 54.5032. STUDENT FEE ADVISORY COMMITTEE; THE TEXAS A&M UNIVERSITY SYSTEM. (a) A student fee advisory committee is established at each component institution of The Texas A&M University System to advise the board of regents and the administration of the institution on the type, amount, and expenditure of compulsory fees for student services under Section 54.503, for student health and medical services under Section 54.507, for student center facilities under Section 54.521, and for recreational sports under Section 54.539.


(b) Each committee is composed of the following nine members:


(1) five student members who are enrolled for not less than six semester credit hours at the institution and who are representative of all students enrolled at the institution, selected under Subsection (c); and


(2) four members who are representative of the entire institution, appointed by the president of the institution.


(c) If the institution has a student government, the student government shall appoint three students to serve two-year terms on the committee and two students to serve one-year terms on the committee. If the institution does not have a student government, the students enrolled at the institution shall elect three students to serve two-year terms on the committee and two students to serve one-year terms on the committee. A candidate for a position on the committee must designate whether the position is for a one-year or two-year term.


(c-1) Expired.


(d) A student member of the committee who withdraws from the institution must resign from the committee.


(e) A vacancy in an appointive position on the committee shall be filled for the unexpired portion of the term in the same manner as the original appointment. A vacancy in an elective position on the committee shall be filled for the unexpired portion of the term by appointment by the president of the institution.


(f) The committee shall:


(1) study the type, amount, and expenditure of the compulsory fees imposed under Sections 54.503, 54.507, 54.521, and 54.539; and


(2) meet with appropriate administrators of the institution, submit a written report on the study under Subdivision (1), and recommend the type, amount, and expenditure of the compulsory fees to be charged for the next academic year.


(g) Before recommending the student fee budget to the board of regents each year, the president of the institution shall consider the report and recommendations of the committee. If the president's recommendations to the board of regents are substantially different from the committee's recommendations to the president, the president of the institution shall notify the committee not later than the last date on which the committee may request an appearance at the meeting of the board of regents at which the student fee budget will be considered. On request of a member of the committee, the president of the institution shall provide the member with a written report of the president's recommendations to the board of regents.


Added by Acts 2007, 80th Leg., R.S., Ch. 1419 (H.B. 3114), Sec. 2, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1425 (S.B. 1495), Sec. 2, eff. June 15, 2007.


Sec. 54.5033. STUDENT FEE ADVISORY COMMITTEE MEETINGS OPEN TO PUBLIC. (a) A student fee advisory committee established under this chapter shall conduct meetings at which a quorum is present in a manner that is open to the public and in accordance with procedures prescribed by the president of the institution.


(b) The procedures prescribed by the president must:


(1) provide for notice of the date, hour, place, and subject of the meeting at least 72 hours before the meeting is convened; and


(2) require that the notice be:


(A) posted on the Internet; and


(B) published in a student newspaper of the institution, if an issue of the newspaper is published between the time of the Internet posting and the time of the meeting.


(c) The final recommendations made by a student fee advisory committee must be recorded and made public.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1049 (S.B. 5), Sec. 7.01, eff. June 17, 2011.


Sec. 54.5035. WAIVER OF FEES. (a) Except as provided by Subsection (c), the governing board of an institution of higher education may waive a mandatory or discretionary fee for a student if the board determines that the student is not reasonably able to participate in or use the activity, service, or facility for which the fee is charged.


(b) Except as provided by Subsection (c), the governing board of an institution of higher education may waive a mandatory or discretionary fee for a specific category of students if the board determines that the waiver is in the best interest of the institution or is critical to the viability of an academic initiative.


(c) The governing board must ensure that a waiver under this section does not result in the institution's inability to service a debt to which revenue from the fee is obligated or to support an activity, service, or facility for which the fee is charged.


(d) This section does not permit the governing board to waive payment of tuition or laboratory fees.


(e) The governing board may limit or prohibit a student's participation in or use of an activity, service, or facility supported by a fee that is waived for the student under this section.


Added by Acts 1999, 76th Leg., ch. 367, Sec. 1, eff. Sept. 1, 1999.


Sec. 54.504. INCIDENTAL FEES. (a) The governing board of an institution of higher education may fix the rate of incidental fees to be paid to an institution under its governance by students and prospective students and may make rules for the collection of the fees and for the distribution of the funds, such funds to be accounted for as other designated funds. The rate of an incidental fee must reasonably reflect the actual cost to the university of the materials or services for which the fee is collected. In fixing such rate, the governing board may consult with a student fee advisory committee which the governing board may establish if such student committee does not presently exist.


(b) The board shall publish in the general catalog of the university a description of the amount of each fee to be charged.


(c) In this section, "incidental fees" includes, without limitation, such fees as late registration fees, library fines, microfilming fees, thesis or doctoral manuscript reproduction or filing fees, bad check charges, application processing fees, and laboratory breakage charges, but does not include a fee for which a governing board makes a charge under the authority of any other provision of law.


Added by Acts 1985, 69th Leg., ch. 292, Sec. 1, eff. Aug. 26, 1985.


Sec. 54.5041. ENVIRONMENTAL SERVICE FEE. (a) The governing board of an institution of higher education may charge each student enrolled at the institution an environmental service fee, if the fee has been approved by a majority vote of the students enrolled at the institution who participate in a general student election called for that purpose.


(b) Unless increased in accordance with Subsection (d), the amount of the fee may not exceed:


(1) $5 for each regular semester or summer term of more than six weeks; or


(2) $2.50 for each summer session of six weeks or less.


(c) The fee may be used only to:


(1) provide environmental improvements at the institution through services related to recycling, energy efficiency and renewable energy, transportation, employment, product purchasing, planning and maintenance, or irrigation; or


(2) provide matching funds for grants to obtain environmental improvements described by Subdivision (1).


(d) The amount of the fee may not be increased unless the increase has been approved by a majority vote of the students enrolled at the institution who participate in a general student election called for that purpose. The fee may not be increased under this subsection if the increase would result in a fee under this section in an amount that exceeds:


(1) $10 for each regular semester or summer term of more than six weeks; or


(2) $5 for each summer session of six weeks or less.


(e) An institution that imposes the environmental service fee may not use the revenue generated by the fee to reduce or replace other money allocated by the institution for environmental projects.


(f) Any fee revenue that exceeds the amount necessary to cover current operating expenses for environmental services and any interest generated from that revenue may be used only for purposes provided under Subsection (c).


(g) The fee is not considered in determining the maximum amount of student services fees that an institution of higher education may charge.


(h) The fee may not be charged after the fifth academic year in which the fee is first charged unless, before the end of that academic year, the institution has issued bonds payable in whole or in part from the fee, in which event the fee may not be charged after the academic year in which all such bonds, including refunding bonds for those bonds, have been fully paid.


Added by Acts 2009, 81st Leg., R.S., Ch. 1325 (H.B. 3353), Sec. 1, eff. June 19, 2009.


Added by Acts 2009, 81st Leg., R.S., Ch. 1395 (S.B. 2182), Sec. 1, eff. September 1, 2009.


Sec. 54.505. VEHICLE REGISTRATION FEES AND OTHER FEES RELATED TO PARKING AND TRAFFIC. (a) The governing board of each institution of higher education may charge a reasonable fee to students, faculty, and staff for registration of a vehicle under Section 51.202 of this code.


(b) The governing board may fix and collect a reasonable fee or fees for the provision of facilities and the enforcement and administration of parking and traffic regulations approved by the board for an institution; provided, however, that no such fee may be charged to a student unless the student desires to use the facilities.


Added by Acts 1979, 66th Leg., p. 146, ch. 78, Sec. 1, eff. April 26, 1979. Amended by Acts 1987, 70th Leg., ch. 901, Sec. 7, eff. Aug. 31, 1987.


Sec. 54.506. FEES AND CHARGES FOR SERVICES TO THE PUBLIC; THE UNIVERSITY OF HOUSTON SYSTEM. A schedule of minimum fees and charges shall be established by the board of regents of the University of Houston System for services performed by any department of a component institution for students and the public. The schedule shall conform to the fees and charges customarily made for like services in the community. By way of example, but not as a limitation, are services of the hearing clinic, optometry clinic, reading clinic, and data processing and computing center.


Renumbered from Education Code Sec. 111.40 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 8, eff. Aug. 31, 1987. Amended by Acts 1995, 74th Leg., ch. 823, Sec. 6, eff. Aug. 28, 1995.


Sec. 54.5061. STUDENT SERVICES FEES; THE UNIVERSITY OF HOUSTON SYSTEM. (a) In this section:


(1) "Student services" includes textbook rentals; recreational activities; health, hospital, and other medical services; group hospitalization; intramural and intercollegiate athletics; artists and lecture series and other cultural entertainment; debating and oratorical activities; student publications; student government; student fees advisory committees; student transportation services; and any other student activities and services specifically authorized and approved by the board; provided, however, that nothing herein shall affect the setting and collection of any other fee which may be charged under the specific authority of any other section of this code.


(2) "Compulsory fee" means a fee that is charged to all students enrolled at the component institution.


(3) "Voluntary fee" means a fee that is charged only to those students who make use of the student service for which the fee is established.


(b) Subject to Section 54.5062 of this code and Subsections (h) and (i) of this section, the Board of Regents of the University of Houston System may charge and collect from students registered at each component institution of the University of Houston System fees to cover the cost of student services that the board considers necessary or desirable in carrying out the educational functions of each university. The governing board of the system is not required to set uniform fees or rates for component institutions.


(c) The board may make fees for a particular student service voluntary or compulsory.


(d) Any compulsory fees for student services charged under this section shall be assessed in proportion to the number of semester credit hours for which a student registers unless the rate of such fee is specifically established by law or authority and approval of the board to be a minimum amount to be charged to each student for any semester or summer term.


(e) Money collected as fees for student services shall be:


(1) reserved and accounted for in an account kept separate from educational and general funds of the university;


(2) used only for the support of student services;


(3) used only after the compulsory fees to be included in the student services fees budget have been considered as provided in this subchapter; and


(4) placed in a depository bank designated by the board and secured as provided by law.


(f) Each year the board shall approve for each university a separate budget for student activities and services financed by fees authorized by this section. The budget shall show the fees to be assessed, the purpose for which the fees will be used or the functions to be financed, the estimated income to be derived, and the proposed expenditures to be made. Copies of the budget shall be filed annually with the coordinating board, the governor, the Legislative Budget Board, and the state library.


(g) If payment of any compulsory fees authorized by this section would cause an undue financial hardship on a student, the board may waive all or part of the compulsory fees for that student. The number of students granted a waiver under this subsection may not exceed 10 percent of the total enrollment of the university. The board may limit the participation of a student in the activities financed by the fees waived in proportion to the extent of the waiver.


(h) If, in an academic year, the total compulsory fees charged under this section are more than 10 percent higher than the previous year's compulsory fees, the increase is not effective unless approved by a majority vote of the students voting in an election called for that purpose or by a majority vote of the duly elected student government.


(i) The total of all compulsory fees charged under this section to students for any semester or summer session may not exceed $150, unless prior approval has been granted by a majority vote of the students voting in an election called for that purpose or by a majority vote of the duly elected student government.


(j) General revenue appropriations, other educational and general income, and funds appropriated under Article VII, Section 17, of the Texas Constitution, may be expended on a proportional use basis to support the services, activities, and facilities provided for in this section to the extent that the use of such funds is not otherwise restricted by the constitution or general law.


(k) This section does not affect any special fees, including general use fees, that the legislature has authorized to finance revenue bond issues or any other fees authorized by law.


Added by Acts 1991, 72nd Leg., ch. 848, Sec. 2, eff. Aug. 26, 1991.


Sec. 54.5062. STUDENT FEES ADVISORY COMMITTEE; THE UNIVERSITY OF HOUSTON SYSTEM. (a) A student fees advisory committee is established at each component institution of the University of Houston System to advise the board of regents, presidents, and administration of the University of Houston System on the type, level, and expenditure of compulsory fees for student services collected at each component institution of the system under Section 54.5061 of this code. Each committee is composed of nine members.


(b) Five of the members of each student fees advisory committee shall be student members. The student members shall be generally representative of the student body and be enrolled in not less than six semester hours at the university. If a student government exists, the student members shall be selected by the student government of the university. The student members shall be selected and designated as appropriate so that three members of the committee are serving terms of two years, and two members are serving terms of one year. If a student government does not exist, the students shall be elected by the students enrolled in the university. At each election, the appropriate number of students shall be elected for terms of appropriate length so that three are serving terms of two years, and two are serving terms of one year. Candidates shall file for either a one-year or a two-year position.


(c) The four remaining members of the student fees advisory committee shall be appointed by the president of the university and shall be generally representative of the total university community. Each member appointed by the president serves for a term of one year but may be reappointed.


(d) A student member who ceases to be a student may not continue to hold a student membership position. If a student vacancy occurs, the student government shall appoint a new member to serve for the remainder of the unexpired term. In the absence of student government or if the vacancy is in a position appointed by the president, the president of the university shall appoint a new member to serve for the remainder of the term.


(e) The committee shall conduct appropriate inquiry into the type, level, and expenditure of any compulsory fees to be charged under Section 54.5061 of this code and into the expenditure of money generated from those fees. The committee shall then meet with appropriate members of the university administration to submit a report recommending the type, level, and expenditure of compulsory fees to be charged to students in the academic year beginning with the following fall semester.


(f) The president shall duly consider the recommendations of the student fees advisory committee during the annual budgetary process. If the president's recommendations to the board of regents are substantially different from those of the student fees advisory committee, the administration shall so notify the student fees advisory committee. Such notification shall be in sufficient time for the committee to request an appearance at the board of regents meeting during which the president's recommendations will be considered. The administration shall provide to a student member designated by the student members of the committee, on that student member's request, the most recent and complete recommendations of the president to the board.


Added by Acts 1991, 72nd Leg., ch. 848, Sec. 3, eff. Aug. 26, 1991.


Sec. 54.507. GROUP HOSPITAL AND MEDICAL SERVICES FEES; TEXAS A&M UNIVERSITY SYSTEM. (a) The Board of Regents of The Texas A&M University System may levy and collect from each student at any institution of higher education which is a part of The Texas A&M University System a compulsory group hospital and medical services fee not to exceed $75 for each regular semester and not to exceed $25 for each term of each summer session. The compulsory group hospital and medical services fee may not be levied unless the levy of the fee has been approved by a majority vote of those students at the affected institution participating in a general student election called for that purpose.


(b) In addition to the fee authorized under Subsection (a) of this section, the Board of Regents of The Texas A&M University System may levy and collect from each student registered at Prairie View A&M University a supplemental group hospital and medical services fee not to exceed $30 for each regular semester and not to exceed $12.50 for each term of the summer session. The supplemental group hospital and medical services fee may not be levied unless the levy of the fee has been approved by a majority vote of the students registered at Prairie View A&M University participating in a general election called for that purpose.


(c) A fee levied under this section at a component institution of The Texas A&M University System may be used only to provide hospital or other medical services to students registered at that component institution.


(d) If, in an academic year, the total compulsory fee charged under this section is more than 10 percent higher than the compulsory fee charged under this section for the previous academic year, the increase does not take effect unless the increase is approved by a majority vote of the students voting in an election held for that purpose.


(e) If, in an academic year, the total compulsory fee charged under this section is proposed to be increased by an amount less than 10 percent over that charged in the previous academic year, the Board of Regents of The Texas A&M University System may, in lieu of an election, hold a public meeting on the increase prior to its taking effect in which students have the opportunity to comment.


(f) An election under this section must also permit the students to vote on whether hospital and medical services should be provided to students at the institution by the institution or by a private entity. The vote by the students on the responsibility for provision of hospital and medical services to students at the institution is not binding on the institution.


Added by Acts 1973, 63rd Leg., p. 546, ch. 232, Sec. 1, eff. Aug. 27, 1973. Renumbered from Education Code Sec. 86.24 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 9, eff. Aug. 31, 1987. Amended by Acts 1989, 71st Leg., ch. 914, Sec. 1, eff. June 14, 1989; Acts 1993, 73rd Leg., ch. 990, Sec. 1, eff. June 19, 1993; Acts 1995, 74th Leg., ch. 757, Sec. 1, eff. June 16, 1995.


Sec. 54.508. MEDICAL SERVICES FEE; TEXAS TECH UNIVERSITY SYSTEM COMPONENTS. (a) The board of regents of the Texas Tech University System may charge each student registered at a component institution of the Texas Tech University System a medical services fee not to exceed $100 for each semester of the regular term or 12-week summer session and not to exceed $50 for each six-week or shorter term of the summer session.


(b) Before charging a medical services fee, the board must give students and administrators an opportunity to offer recommendations to the board as to the type and scope of medical services that should be provided.


(c) A medical services fee charged under this section may be used only to provide medical services to students enrolled at a component institution of the Texas Tech University System.


(d) A medical services fee charged under this section is in addition to any other fee the board is authorized by law to charge.


(e) The board may not increase the amount of the medical services fee charged at a component institution of the Texas Tech University System by more than 10 percent from one academic year to the next unless the increase is approved by a majority of the students of the institution voting in a general student election held for that purpose.


Added by Acts 1983, 68th Leg., p. 3860, ch. 608, Sec. 1, eff. June 19, 1983. Renumbered from Education Code Sec. 109.52 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 10, eff. Aug. 31, 1987. Amended by Acts 1991, 72nd Leg., ch. 166, Sec. 1, eff. Aug. 26, 1991; Acts 2001, 77th Leg., ch. 100, Sec. 1, eff. May 11, 2001.


Sec. 54.5081. MEDICAL SERVICES FEE; UNIVERSITY OF NORTH TEXAS SYSTEM INSTITUTIONS. (a) The board of regents of the University of North Texas System may charge each student registered at a component institution of the University of North Texas System a medical services fee not to exceed $75 for each semester of the regular term or 12-week summer session and not to exceed $37.50 for each six-week or shorter term of the summer session.


(b) Before charging a medical services fee at a component institution, the board must give students and administrators an opportunity to offer recommendations to the board as to the type and scope of medical services that should be provided.


(c) The board may not increase the amount of the medical services fee charged at a component institution by more than 10 percent from one academic year to the next unless the amount of the increase is approved by a majority of the students at the institution voting in a general election held at the institution for that purpose.


(d) A medical services fee charged at a component institution of the University of North Texas System under this section may be used only to provide medical services to students registered at that component institution.


(e) The fee imposed under this section may not be considered in determining the maximum student services fee that may be charged students enrolled at a component institution of the University of North Texas System under Section 54.503(b).


(f) Expired.


Added by Acts 1991, 72nd Leg., ch. 856, Sec. 1, eff. Aug. 26, 1991. Amended by Acts 2001, 77th Leg., ch. 383, Sec. 1, eff. May 28, 2001.


Sec. 54.5082. MEDICAL SERVICES FEE; MIDWESTERN STATE UNIVERSITY. (a) The board of regents of Midwestern State University may charge each student registered at the university a medical services fee not to exceed $30 for each semester of the regular term or 12-week summer session and not to exceed $15 for each six-week or shorter term of the summer session.


(b) The board may not impose a fee under this section or increase the amount of the fee by more than 10 percent in any academic year unless the imposition or increase has been approved by a majority vote of the students at the institution participating in an election called for that purpose.


(c) Revenue from a fee imposed under this section may be used only to provide medical services to students at the university.


(d) A fee imposed under this section is in addition to any other fee the board is authorized by law to impose.


Added by Acts 1999, 76th Leg., ch. 99, Sec. 1, eff. May 17, 1999.


Sec. 54.5085. MEDICAL SERVICES FEE; TEXAS WOMAN'S UNIVERSITY. (a) The board of regents of Texas Woman's University may charge each student registered at the university a medical services fee not to exceed $55 for each semester of the regular term or 12-week summer session and not to exceed $25 for each six-week or shorter term of the summer session.


(b) Before the board imposes or increases a fee under this section, the board shall consider the recommendations of a student fee advisory committee established by the president of the university. A majority of the members of the advisory committee must be students appointed by the presiding officer of the student governing body and the remainder of the members must be appointed by the president of the university. The board may increase the amount of the fee by an amount that is more than 10 percent of the amount imposed in the preceding academic year only if that increase is approved by a majority vote of those students of the university participating in a general election called for that purpose.


(c) A medical services fee charged under this section may be used only to provide medical services to students registered at the university.


(d) A medical services fee charged under this section is in addition to any other fee the board is authorized by law to charge.


Added by Acts 1991, 72nd Leg., ch. 844, Sec. 3, eff. Aug. 26, 1991. Amended by Acts 2001, 77th Leg., ch. 384, Sec. 1, eff. May 28, 2001.


Sec. 54.5089. MEDICAL SERVICES FEE; TEXAS STATE UNIVERSITY SYSTEM COMPONENTS. (a) The board of regents of the Texas State University System may charge each student registered at a component institution of the Texas State University System a medical services fee not to exceed $100 for each semester of the regular term or summer session of 12 weeks or longer and not to exceed $50 for each summer session of less than 12 weeks.


(b) Before charging a medical services fee, the board must give students and administrators an opportunity to offer recommendations to the board as to the type and scope of medical services that should be provided.


(c) A medical services fee charged at a component institution of the Texas State University System may be used only to provide medical services to students registered at that component institution.


(d) A medical services fee charged under this section is in addition to any other fee the board is authorized by law to charge and may not be considered in determining the maximum student services fee that may be charged students enrolled at a component institution of the Texas State University System under Section 54.503(b) of this code.


(e) Not more than once in an academic year, the board may increase the fee authorized by this section. Any increase in the fee of more than 10 percent must be approved by a majority vote of those students participating in a general student election called for that purpose.


Added by Acts 1993, 73rd Leg., ch. 990, Sec. 2, eff. June 19, 1993. Amended by Acts 2003, 78th Leg., ch. 598, Sec. 1, eff. June 20, 2003.


Sec. 54.50891. MEDICAL SERVICES FEE; THE UNIVERSITY OF TEXAS SYSTEM COMPONENTS. (a) The board of regents of The University of Texas System may charge each student registered at a component institution of The University of Texas System a medical services fee not to exceed $55 for each semester or term. If approved by a majority vote of those students participating in a general election held at the institution for that purpose, the maximum amount of the medical services fee that may be charged at a component institution is increased to the amount stated on the ballot proposition, not to exceed $75 for each semester or term. Approval at the election of an increase in the maximum amount of the fee that may be charged at a component institution does not affect the application of Subsection (e) to an increase in the amount of the fee actually charged at that institution from one academic year to the next.


(b) Before charging a medical services fee, the board must give students and administrators an opportunity to offer recommendations to the board as to the type and scope of medical services that should be provided. Before increasing the amount of the medical services fee at The University of Texas at Austin, a medical services fee committee, a majority of the members of which must be students of the university, must approve the fee increase.


(c) A medical services fee charged at a component institution of The University of Texas System may be used only to provide medical services to students registered at that component institution.


(d) A medical services fee charged under this section is in addition to any other fee the board is authorized by law to charge and may not be considered in determining the maximum student services fee that may be charged students enrolled at a component institution of The University of Texas System.


(e) The board may not increase the amount of the fee charged at a component institution of The University of Texas System by more than 10 percent from one academic year to the next unless the increase is approved by a majority of the students of the institution voting in a general election held at the institution for that purpose.


(f) The board shall prorate the amount of a fee charged to a student under this section based on the length of the semester or term for which the student is enrolled.


Added by Acts 1993, 73rd Leg., ch. 990, Sec. 3, eff. June 19, 1993. Amended by Acts 1999, 76th Leg., ch. 1558, Sec. 2, eff. June 19, 1999.


Sec. 54.509. STUDENT RECREATION FEE; TEXAS TECH UNIVERSITY SYSTEM COMPONENTS. (a) If approved by student vote, the board of regents of the Texas Tech University System may charge each student enrolled at a component institution of the Texas Tech University System a recreation fee not to exceed $100 per semester or $50 per six-week summer term to be used to purchase equipment for and to operate and maintain the student recreation facilities and programs at the institution.


(b) The fee may not be increased by more than 10 percent from one academic year to the next unless the increase is approved by a majority of students voting on the issue in a general student election called for that purpose.


(c) The university shall collect the student recreation fee and shall deposit the money collected in an account known as the Student Recreation Account.


(d) The student recreation fee is not counted in determining the maximum student services fee which may be charged under Section 54.503.


Added by Acts 1979, 66th Leg., p. 235, ch. 122, Sec. 1, eff. Aug. 27, 1979. Renumbered from Education Code Sec. 109.51 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 11, eff. Aug. 31, 1987. Amended by Acts 2001, 77th Leg., ch. 100, Sec. 1, eff. May 11, 2001.


Sec. 54.5091. STUDENT RECREATIONAL FACILITY FEE; UNIVERSITY OF NORTH TEXAS. (a) If approved by a majority vote of those students participating in a general election held at the university for that purpose, the board of regents of the University of North Texas may impose a recreational facility fee on each student enrolled in the university in an amount not to exceed $75 per student for each semester of the regular term or 12-week summer session and not to exceed $37.50 per student for each six-week or shorter term of the summer session. The fee may be used only for constructing, operating, maintaining, improving, and equipping a recreational facility or program at the university.


(b) Revenue from a fee imposed under this section shall be deposited to the credit of an account known as the "University of North Texas recreational facility fee account" under the control of the student fee advisory committee established under Section 54.5031.


(c) The student fee advisory committee annually shall submit to the board of regents a complete and itemized budget for the recreational facility with a complete report of all recreational facility activities conducted during the past year and all expenditures made in connection with those activities. The board may make changes in the budget that the board determines are necessary. After approving the budget, the board, in accordance with this section, may impose the recreational facility fees for that year in amounts sufficient to meet the budgetary needs of the recreational facility. If the budget approved by the board contains an expenditure for the construction of a facility, the board may contract for the construction of the facility.


(d) The board may not increase the amount of the recreational facility fee by more than 10 percent in any academic year unless the amount of the increase is approved by a majority of the students participating in a general election held at the university for that purpose.


(e) A fee imposed under this section is in addition to any other use or service fee authorized to be imposed.


(f) A fee imposed under this section may not be considered in determining the maximum student services fees that may be imposed under Section 54.503(b).


Added by Acts 2001, 77th Leg., ch. 382, Sec. 1, eff. Sept. 1, 2001.


Sec. 54.510. STUDENT RECREATIONAL SPORTS FEE; THE UNIVERSITY OF TEXAS AT AUSTIN. (a) The board of regents of The University of Texas System may charge each student enrolled in The University of Texas at Austin a recreational sports fee not to exceed $20 a semester or 12-week summer session or $10 a six-week summer session. The fee may be used only for financing, constructing, operating, maintaining, and improving recreational sports facilities and programs at the university.


(b) A fee may not be imposed under this section until the semester in which a campus recreational sports facility will be available for use.


(c) The university shall collect any student recreational sports fee imposed under this section and shall deposit the money collected in an account to be known as the student recreational sports account. A recreational sports fee may not be collected after the 20th anniversary of the date it is first collected, or after all bonded indebtedness for any campus recreational sports facility for which the fee receipts are pledged is paid, whichever is later.


(d) A student recreational sports fee imposed under this section is not counted in determining the maximum student services fee which may be charged under Section 54.513 of this subchapter.


Added by Acts 1985, 69th Leg., ch. 239, Sec. 85, eff. Sept. 1, 1985. Renumbered from Education Code Sec. 67.213 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 12, eff. Aug. 31, 1987.


Sec. 54.511. STUDENT FEES FOR BUS SERVICE; TEXAS STATE UNIVERSITY SYSTEM. (a) The board of regents of the Texas State University System may charge each student enrolled at Texas State University a fee initially set at $10 per semester or $5 per six-week summer term to be used to finance bus service for students attending the institution.


(b) Not more than once in an academic year, the board may increase the fee authorized in Subsection (a) of this section for the purpose of covering increased operating costs of the bus service. Any increase in the fee must be approved by a majority vote of those students participating in a general election called for that purpose. However, the total fee may not exceed $100 per semester or $50 per summer term of six weeks or less.


(c) The fee for student bus service shall not be counted in determining the maximum student service fees which may be charged pursuant to the provisions of Section 54.503 of this code.


(d) The university shall hold in reserve any fee revenue that exceeds the amount necessary to meet the operating expenses of the bus service and shall apply that revenue only to future operating expenses of the bus service.


Added by Acts 1975, 64th Leg., p. 1233, ch. 458, Sec. 1, eff. Sept. 1, 1975. Amended by Acts 1981, 67th Leg., p. 82, ch. 43, Sec. 1. Renumbered from Education Code Sec. 96.42 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 13, eff. Aug. 31, 1987. Amended by Acts 1991, 72nd Leg., ch. 289, Sec. 1, eff. Aug. 26, 1991; Acts 1999, 76th Leg., ch. 625, Sec. 1, eff. June 18, 1999; Acts 2003, 78th Leg., ch. 386, Sec. 3, 4, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 598, Sec. 2, 3, eff. June 20, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 30 (S.B. 974), Sec. 3, eff. September 1, 2013.


Sec. 54.5111. ENVIRONMENTAL SERVICE FEE; SOUTHWEST TEXAS STATE UNIVERSITY. (a) The board of regents of the Texas State University System may charge each student enrolled at Southwest Texas State University an environmental service fee in an initial amount not to exceed $1 per semester of the regular term or term of the summer session. The fee may not be imposed unless approved by a majority vote of the students at the university voting in an election held for that purpose at the same time and using the same ballot as a student government election.


(b) Not more than once in an academic year, the board of regents may increase the amount of the fee authorized by this section to cover increased operating costs of environmental services funded from revenue from the fee. The board may not increase the amount of the fee unless the increase is approved by a majority vote of the students at the university voting in an election held for that purpose in which at least 1,000 students at the university cast ballots and that is held at the same time and using the same ballot as a student government election. The total amount of the increased fee may not exceed:


(1) $6 per student for each regular semester or for each term of the summer session not covered by Subdivision (2); or


(2) $3 per student for each six-week or shorter term of the summer session.


(c) A fee imposed under this section may be used only to provide environmental improvements at the university through services such as recycling, transportation, employment, product purchasing, matching funds for grants, planning and maintenance, and irrigation.


(d) The university may not use revenue from the fee imposed under this section to reduce or replace other money allocated by the university for environmental projects.


(e) The university shall retain any fee revenue that exceeds the amount necessary to cover current operating expenses for environmental services and any interest generated from that revenue. The university may use the excess revenue and interest generated from that revenue only for the purposes provided by Subsection (c).


Added by Acts 2003, 78th Leg., ch. 1305, Sec. 1, eff. June 21, 2003.


Sec. 54.512. SHUTTLE BUS FEE; THE UNIVERSITY OF TEXAS AT ARLINGTON. (a) The board of regents of The University of Texas System may levy a shuttle bus fee not to exceed $10 per student for each regular semester and not to exceed $5 per student for each term of the summer session, for the sole purpose of financing shuttle bus service for students attending The University of Texas at Arlington. The fees herein authorized to be levied are in addition to any use fee or service fee now or hereafter authorized to be levied. However, no fee may be levied unless the fee is approved by a majority vote of those students participating in a general election called for that purpose.


(b) Such fees shall be deposited to an account known as "The University of Texas at Arlington Shuttle Bus Fee Account" and shall be expended in accordance with a budget submitted to and approved by the board of regents. The board of regents shall make such changes in the budget as it deems necessary before approving the budget, and shall then levy the fees, within the limits herein fixed, in such amounts as will be sufficient to meet the budget as approved.


Added by Acts 1977, 65th Leg., p. 833, ch. 309, Sec. 2, eff. Aug. 29, 1977. Renumbered from Education Code Sec. 68.05 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 14, eff. Aug. 31, 1987.


Sec. 54.5121. INTERCOLLEGIATE ATHLETIC FEE; THE UNIVERSITY OF TEXAS AT ARLINGTON. (a) The board of regents of The University of Texas System may impose a mandatory intercollegiate athletics fee at The University of Texas at Arlington. The amount of the fee may not exceed $7.75 per semester credit hour for each regular semester, unless increased as provided by Subsection (b). The fee may not be imposed unless approved by a majority vote of the students participating in a general student election held for that purpose.


(b) The amount of the fee per semester credit hour may be increased from one academic year to the next only if approved by a majority vote of the students participating in a general student election held for that purpose or, if the amount of the increase does not exceed five percent, by the legislative body of the student government of the university.


(c) The board of regents may prorate the amount of the fee for a summer session.


(d) The fee imposed under this section may not be considered in determining the maximum student services fees that may be imposed under Section 54.503.


(e) Expired.


Added by Acts 1999, 76th Leg., ch. 525, Sec. 1, eff. June 18, 1999.


Sec. 54.5122. RECREATIONAL FACILITY FEE; THE UNIVERSITY OF TEXAS AT ARLINGTON. (a) The board of regents of The University of Texas System may charge each student enrolled at The University of Texas at Arlington a recreational facility fee to finance, construct, renovate, improve, equip, or maintain recreational facilities or to operate recreational programs at the university.


(b) The fee may not be imposed unless the fee is approved by a majority vote of the students participating in a general student election called for that purpose.


(c) The initial amount of a fee imposed under this section may not exceed:


(1) $9 per student for a regular semester;


(2) $6 per student for a summer session of 10 weeks or more;


(3) $4 per student for a summer session of eight weeks or more but less than 10 weeks; and


(4) $3 per student for a summer session of less than eight weeks.


(d) Subject to Subsection (e), the board of regents may increase the amount of a fee imposed under this section from one academic year to the next with the approval of the legislative body of the student government of The University of Texas at Arlington, except that an increase in the amount of a fee from one academic year to the next of more than 10 percent must be approved by a majority vote of the students voting in a general student election called for that purpose.


(e) The amount of a fee imposed under this section may not exceed:


(1) $75 per student for a regular semester;


(2) $50 per student for a summer session of 10 weeks or more;


(3) $35 per student for a summer session of eight weeks or more but less than 10 weeks;


(4) $25 per student for a summer session of less than eight weeks; and


(5) $10 per student for a summer session of less than three weeks for a student who was not enrolled at the university for the preceding regular semester.


(f) After approval of the imposition of a fee under this section at a student election under Subsection (b), the president of The University of Texas at Arlington shall appoint a recreational facility student advisory committee. The committee shall advise the president regarding the administration and allocation of the revenue from the fee to support recreational facilities on the university campus.


(g) The board of regents shall deposit the revenue from a fee imposed under this section in an account known as the recreational facility fee account.


(h) The board of regents may pledge revenue from a fee imposed under this section to pay an obligation issued under the revenue financing system of The University of Texas System.


(i) A fee imposed under this section is not considered in determining the maximum amount of student services fees that may be charged at The University of Texas at Arlington under Section 54.503.


(j) The board of regents may permit a person who is not enrolled at The University of Texas at Arlington to use a facility financed with revenue from a fee imposed under this section if:


(1) the person's use of the facility will not materially interfere with the use of the facility by students of the university;


(2) the person is charged a fee for using the facility that is not less than the student fee and that is not less than the direct and indirect cost to the university of providing for the person's use; and


(3) the person's use will not materially increase the potential liability of the university.


Added by Acts 2001, 77th Leg., ch. 181, Sec. 1, eff. May 18, 2001.


Sec. 54.513. STUDENT SERVICE FEES; THE UNIVERSITY OF TEXAS AT AUSTIN. (a) In this section:


(1) "student services" includes textbook rentals; recreational activities; health, hospital, and other medical services; group hospitalization; automobile parking privileges; intramural and intercollegiate athletics; artists and lecture series and other cultural entertainment; debating and oratorical activities; student publications; student government; student fees advisory committee; student transportation services; and any other student activities and services specifically authorized and approved by the board; the term does not include services for which a fee may be charged under the specific authority of any other section of this code;


(2) "compulsory fee" means a fee that is charged to all students enrolled in the university; and


(3) "voluntary fee" means a fee that is charged only to those students who make use of the student service for which the fee is established.


(b) Subject to Section 54.514 of this subchapter and subsections (j) and (k) of this section, the board of regents of The University of Texas System may charge and collect from students registered at The University of Texas at Austin fees to cover the cost of student services that the board considers necessary or desirable in carrying out the educational functions of the university.


(c) The board may make fees for a particular student service voluntary or compulsory.


(d) Except for fees allocated for hospital and health services, any compulsory fees for student services charged under this section shall be assessed in proportion to the number of semester credit hours for which a student registers.


(e) No portion of the compulsory fees collected may be expended for parking services or facilities except as related to providing shuttle bus services.


(f) Money collected as fees for student services shall be:


(1) reserved and accounted for in an account kept separate from educational and general funds of the university;


(2) used only for the support of student services;


(3) used only after the compulsory fees to be included in the student service fees budget have been considered as provided by Section 54.514 of this subchapter; and


(4) placed in a depository bank designated by the board and secured as provided by law.


(g) Each year the board shall approve for the university a separate budget for student activities and services financed by fees authorized by this section. The budget must show the fees to be assessed, the purpose for which the fees will be used or the functions to be financed, the estimated income to be derived, and the proposed expenditures to be made. Copies of the budget shall be filed annually with the coordinating board, the governor, the Legislative Budget Board, and the state library.


(h) If payment of any compulsory fees authorized by this section would cause an undue financial hardship on a student, the board may waive all or part of the compulsory fees for that student. The number of students granted a waiver under this subsection may not exceed 10 percent of the total enrollment of the university. The board may limit the participation of a student in the activities financed by the fees waived in proportion to the extent of the waiver.


(i) If the total compulsory fee charged under this section is more than $150, the increase does not take effect unless the increase is approved by a majority vote of the students voting in an election held for that purpose or by a majority vote of the duly elected student government. In subsequent years, an election authorizing a fee increase must be held before the fee can be increased by more than 10 percent of the fee approved at the last student election.


(j) The total of all compulsory fees charged under this section to students for any semester or summer session may not exceed $250.


(k) General revenue funds appropriated for the element of cost "physical plant operation or maintenance" may be used to support the services and activities provided for in this section:


(1) if the service or activity supported from the fees is not intercollegiate athletics or is not also appropriately classified as any other auxiliary enterprise that charges a fee directly related to the cost of the service under the criteria outlined in College and University Business Administration, Fourth Edition (1982), published by the National Association of College and University Business Officers; or


(2) when the service or activity takes place in or on a facility the substantial use of which has been dedicated by the board for educational and general activities.


(l) This section does not affect any special fees, including building use fees, that the legislature has authorized to finance revenue bond issues or any other fees specifically authorized by law.


Added by Acts 1983, 68th Leg., p. 2055, ch. 378, Sec. 1. Renumbered from Education Code Sec. 67.211 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 15, eff. Aug. 31, 1987. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 107, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 910, Sec. 7; Acts 2001, 77th Leg., ch. 879, Sec. 2, eff. June 14, 2001.


Sec. 54.5131. INTERNATIONAL EDUCATION FEE; THE UNIVERSITY OF TEXAS AT AUSTIN. (a) The board of regents of The University of Texas System may charge and collect from students registered at The University of Texas at Austin a fee of $2 if approved by the students in a student referendum for any semester or summer session. The fee may be increased to an amount not to exceed $4 if approved by the students in a student referendum. The fee may be used only for funding an international education program to be used to assist students participating in international student exchange or study programs.


(b) The fund shall be used in accordance with guidelines jointly developed by The University of Texas at Austin Student Association and the administration of The University of Texas at Austin.


(c) The international education financial aid fee imposed under this section shall not count in determining the maximum student services fee which may be charged the students of The University of Texas at Austin under this chapter.


Added by Acts 1989, 71st Leg., ch. 910, Sec. 9. Amended by Acts 1997, 75th Leg., ch. 1073, Sec. 1.10, eff. Aug. 1, 1997.


Sec. 54.5132. INTERNATIONAL EDUCATION FEE. (a) The governing board of an institution of higher education, other than The University of Texas at Austin, may charge and collect from students registered at the institution a fee in an amount not less than $1 and not more than $4 for each semester or summer session. The amount of the fee may be increased only if the increase is approved by a majority vote of the students at the institution participating in an election called for that purpose.


(b) Fees collected under this section shall be deposited in the institution's international education financial aid fund, a fund outside the state treasury. Money in the fund may be used only to assist students participating in international student exchange or study programs.


(c) The international education financial aid fund shall be used in accordance with guidelines jointly developed by the student governing body of the institution and the administration of the institution. If an institution does not have a student governing body, the president may appoint a committee of students to assist with the development of the guidelines.


(d) The fee imposed under this section may not be considered in determining the maximum student services fee that may be charged students enrolled at the institution under Section 54.503(b) of this code.


Added by Acts 1991, 72nd Leg., ch. 844, Sec. 4, eff. Aug. 26, 1991. Amended by Acts 2001, 77th Leg., ch. 1086, Sec. 1, eff. June 15, 2001.


Sec. 54.5133. MARTIN LUTHER KING, JR., STATUE FEE; THE UNIVERSITY OF TEXAS AT AUSTIN. (a) The board of regents of The University of Texas System may charge and collect from students registered at The University of Texas at Austin a fee of $1 for any semester or summer session. The fee shall be used for funding the construction of a Martin Luther King, Jr., statue on the campus of The University of Texas at Austin and to establish Martin Luther King, Jr., student scholarships.


(b) Any funds raised in excess of the cost of the construction of the Martin Luther King, Jr., statue shall be used to establish Martin Luther King, Jr., student scholarships.


(c) The fees collected shall be deposited into the Martin Luther King, Jr., statue fee account for the purposes outlined in Subsections (a) and (b).


(d) A fee may not be charged under this section after August 31, 1999.


Added by Acts 1995, 74th Leg., ch. 757, Sec. 2, eff. June 16, 1995.


Sec. 54.5134. WASHINGTON, D.C., INTERNSHIP EDUCATION FEE. (a) The governing board of an institution of higher education may charge and collect from each student registered at the institution a fee in an amount not to exceed $1 for each semester or summer session if imposition of the fee is approved by a majority vote of the students of the institution participating in a general student election held for that purpose.


(b) The amount of the fee imposed at an institution may be increased from one academic year to the next by more than 10 percent only if approved by a majority vote of the students of the institution participating in a general student election held for that purpose.


(c) Revenue from a fee imposed under this section shall be deposited in a fund established by the institution outside the state treasury and identified as the institution's Washington, D.C., internship financial aid fund. Money in the fund may be used only to assist a student participating in a Washington, D.C., internship program administered, sponsored, or approved by the institution.


(d) The fund shall be used in accordance with guidelines jointly developed by the student governing body of the institution and the administration of the institution. If the institution does not have a student governing body, the president may appoint a committee of students to assist with the development of the guidelines.


(e) A fee imposed under this section may not be considered in determining the maximum amount of student services fees that may be charged a student enrolled at the institution under Section 54.503(b).


Added by Acts 1999, 76th Leg., ch. 1504, Sec. 1, eff. Aug. 30, 1999.


Sec. 54.5135. BARBARA JORDAN AND CESAR CHAVEZ STATUES FEE; THE UNIVERSITY OF TEXAS AT AUSTIN. (a) The board of regents of The University of Texas System may charge and collect from students registered at The University of Texas at Austin a fee of $2 for any semester or summer session. The fee shall be used for funding the construction of a Barbara Jordan statue and a Cesar Chavez statue on the campus of The University of Texas at Austin and to establish Barbara Jordan and Cesar Chavez student scholarships.


(b) The board shall deposit one-half of the revenue collected from the fee into the Barbara Jordan statue fee account for the purposes of constructing the Barbara Jordan statue and, if funds permit, establishing Barbara Jordan student scholarships. Any funds deposited in the account in excess of the cost of the construction of the statue shall be used to establish the student scholarships.


(c) The board shall deposit the remaining revenue collected from the fee into the Cesar Chavez statue fee account for the purposes of constructing the Cesar Chavez statue and, if funds permit, establishing Cesar Chavez student scholarships. Any funds deposited in the account in excess of the cost of the construction of the statue shall be used to establish the student scholarships.


(d) A fee may not be charged under this section after August 31, 2007.


Added by Acts 2003, 78th Leg., ch. 1065, Sec. 1, eff. June 20, 2003.


Sec. 54.514. STUDENT FEES ADVISORY COMMITTEE; THE UNIVERSITY OF TEXAS AT AUSTIN. (a) The student fees advisory committee is established to advise the administration of The University of Texas at Austin on the type, level, and expenditure of compulsory fees for student services collected at the university under Section 54.513 of this subchapter. The administration may also ask the student fees advisory committee to advise the administration of the university on the type, level, and expenditure of voluntary fees for student services collected at the university under Section 54.513 of this subchapter. The committee is composed of nine members.


(b) Five of the members of the student fees advisory committee must be student members. The student members must be students who are enrolled in not less than six semester hours at the university and who are generally representative of the student body. If a student government exists, the student members shall be selected by the student government of the university. The student members shall be selected and designated as appropriate so that three student members on the committee are serving terms of two years, and two student members are serving terms of one year. If a student government does not exist, the students shall be elected by the students enrolled in the university voting in an election held for that purpose. At each election, the appropriate number of students shall be elected for terms of appropriate length so that three student members on the committee are serving terms of two years, and two student members are serving terms of one year. At an election at which three students are being elected for terms of two years and two students are being elected for terms of one year, each candidate must file for a one-year or two-year position.


(c) The four remaining members of the student fees advisory committee shall be appointed by the president of the university and shall be generally representative of the total university community. Each nonstudent member of the committee serves for a term of one year but may be reappointed.


(d) A student member who ceases to be a student may not continue to hold a student membership position. If a student vacancy occurs, the student government shall appoint a new member to serve for the remainder of the unexpired term. In the absence of student government or if the vacancy is in a nonstudent position, the president of the university shall appoint a new member to serve for the remainder of the unexpired term.


(e) The committee shall conduct appropriate inquiry into the type, level, and expenditure of any compulsory fees to be charged under Section 54.513 of this subchapter and on the expenditure of money generated from those fees. Following the committee's inquiries, the committee and the appropriate members of the university administration shall meet, and at the meeting the committee shall submit to the administration a statement recommending the type, level, and expenditure of compulsory fees to be charged to students in the academic year beginning with the following fall semester.


(f) The president shall duly consider the recommendations of the student fees advisory committee in his recommendations to the board of regents of The University of Texas System which recommendations shall be submitted to the board during the annual budgetary process. If the president's recommendations to be made to the board are substantially different from those of the student fees advisory committee to the administration, the administration shall so notify the student fees advisory committee in sufficient time for the committee to request time for an appearance on the regents' agenda for the meeting at which the board will consider the president's recommendations. The administration shall provide to a student member designated by the student members of the committee, upon that student member's request, the most recent and complete recommendations of the president to the board.


(g) In addition to selecting the student members of the student fees advisory committee, the student government, if one exists, is entitled to select the student members of the university parking and traffic policies committee established by the president of the university. The university parking and traffic policies committee shall provide copies of any recommendations it makes concerning the setting of student parking fees to the student fees advisory committee. The student fees advisory committee may make such comments and recommendations to the administration on the recommendations of the university parking and traffic policies committee as it may wish.


Added by Acts 1983, 68th Leg., p. 2055, ch. 378, Sec. 1. Renumbered from Education Code Sec. 67.212 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 16, eff. Aug. 31, 1987.


Sec. 54.515. STUDENT UNION FEE. (a) The governing board of each institution of higher education may charge each student registered at the institution a student union fee not to exceed $20 for each regular semester and not to exceed $10 for each term of the summer session for the sole purpose of financing, constructing, operating, maintaining, and improving a student union building. The fee may not be imposed, and may not be increased above $10 for each regular semester and $5 for each term of the summer session, unless the imposition or increase is approved by a majority vote of those students participating in a general election. The fees authorized by this section are in addition to any other use or service fee authorized by law to be charged and collected by the institution.


(b) The fees collected under Subsection (a) of this section shall be deposited in a designated account and shall be placed under the control of and subject to the order of a student advisory committee. The student advisory committee annually shall submit to the governing board of the institution a complete and itemized budget to be accompanied by a full and complete report of all activities conducted during the previous fiscal year and all related expenditures made during that year. The governing board shall make any changes in the budget as it considers necessary before approving the budget and shall charge and collect the fees as provided by this section in amounts sufficient to meet the budgetary needs of the student union building and within the limits authorized by this section.


Added by Acts 1987, 70th Leg., ch. 901, Sec. 17, eff. Aug. 31, 1987.


Sec. 54.518. UNIVERSITY CENTER FEE; MIDWESTERN STATE UNIVERSITY. (a) To the extent approved by the students under Subsection (b), the Board of Regents of Midwestern State University is hereby authorized to levy a regular, fixed student fee not to exceed, except as authorized under Subsection (d), $15 per student for each semester of the long session and not to exceed $7.50 per student for all or part of each term of the summer session for the purpose of operating, maintaining, improving, equipping, and financing the university center and acquiring or constructing additions to the center. The amount of the fee may be changed at any time within the limits specified by this subsection in order to provide sufficient funds to support the university center. The fees authorized in this section supplement any other use or service fee authorized by law.


(b) The decision to levy such a fee, the amount of the initial fee, and any increase in the fee within the limits specified by Subsection (a) must be approved by a majority vote of those students participating in a general election called for that purpose.


(c) The chief fiscal officer of the university shall collect the fees provided for in this section and shall credit the money received from the fees to an account known as the University Center Administration and Program Fund.


(d) The board may increase the amount of the fee for a semester or summer session in excess of the applicable amount provided by Subsection (a) if the increase is approved by a majority vote of those students participating in a general election called for that purpose. The increased amount under this subsection may not be charged after the fifth academic year in which the increased amount is first charged unless, before the end of that academic year, the institution has issued bonds payable from the fee, in which event the increased amount may not be charged after the academic year in which all such bonds, including refunding bonds for those bonds, have been fully paid.


Added by Acts 1979, 66th Leg., p. 793, ch. 354, Sec. 1, eff. June 6, 1979. Renumbered from Education Code Sec. 103.11 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 20, eff. Aug. 31, 1987.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 200 (S.B. 1121), Sec. 1, eff. May 28, 2011.


Sec. 54.519. STUDENT UNION FEE; NORTH TEXAS STATE UNIVERSITY. (a) The board of regents of North Texas State University may levy a regular, fixed student fee against each student enrolled in that institution, as may in their discretion be just and necessary for the purpose of operating, maintaining, improving, and equipping the student union and acquiring or constructing additions thereto; provided, however, that the student body must approve each increase of said fee in excess of $3 per student for each fiscal year, at an election called for that purpose by the board. Notice of an election shall be given by publication of a substantial copy of the resolution or order of the board calling the election and showing the amount of the increased fee and the purpose for which it is to be used. The notice shall be published in The North Texas Daily or in any other student newspaper having general circulation among the student body for three consecutive days of the week immediately preceding the date set for the election. The board shall canvass the returns and declare the results of the election, and if a majority of the students voting in the election vote in favor of the increase, then the board may levy the fee in an amount not in excess of the amount authorized at the election.


(b) The activities of the student union financed in whole or in part by the student union fee shall be limited to those activities in which the entire student body is eligible to participate and in no event may any of the activities so financed be held outside of the territorial limits of the campus of the University of North Texas.


(c) The fiscal officer of the University of North Texas shall collect the fees provided for in Subsection (a) of this section and shall credit the money received from those fees to an account known as the student union fee account.


(d) The money thus collected and placed in the student union fee account shall be used for the purpose of operating and maintaining and improving the student union and shall be placed under the control of and subject to the order of the board of directors of the student union, which board of directors shall annually submit a complete and itemized budget to be accompanied by a full and complete report of all activities conducted during the past year and all expenditures made incident thereto. The board of regents shall make such changes in the budget as it deems necessary before approving it, and shall then levy the student fees under the provisions of Subsection (a) of this section in such amounts as will be sufficient to meet the budgetary needs of the student union, within the statutory limits fixed in this section.


Added by Acts 1971, 62nd Leg., p. 3336, ch. 1024, art. 2, Sec. 3, eff. Sept. 1, 1971. Amended by Acts 1985, 69th Leg., ch. 790, Sec. 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1070, Sec. 9, eff. May 15, 1988. Renumbered from Education Code Sec. 105.43 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 21, eff. Aug. 31, 1987.


Sec. 54.5191. INTERCOLLEGIATE ATHLETICS FEE; UNIVERSITY OF NORTH TEXAS. (a) The board of regents of the University of North Texas System may charge each student enrolled at the University of North Texas an intercollegiate athletics fee in an amount not to exceed $10 per semester credit hour for each semester or summer session unless the amount is increased as provided by Subsection (g).


(b) A student enrolled in more than 15 semester credit hours shall pay the fee in an amount equal to the amount imposed on a student enrolled in 15 semester credit hours during the same semester or session.


(c) The fee may not be charged before the first semester a new football stadium is available for use at the university.


(d) If compulsory student services fees are charged to students enrolled at the university under Section 54.503, the total amount of those fees charged to a student shall be reduced by $3 per semester credit hour for the first semester in which an intercollegiate athletics fee is charged under this section.


(e) Revenue from the fee charged under this section may be used only for financing, constructing, operating, maintaining, or improving an athletic facility or for operating an intercollegiate athletics program at the university.


(f) The fee may not be charged unless approved by a majority vote of the students enrolled at the university who participate in a general student election held for that purpose. The ballot for the election to approve the fee must state a maximum amount of the fee that may be charged per semester credit hour, not to exceed the maximum amount prescribed by Subsection (a).


(g) The amount of the fee may not be increased to an amount that exceeds by 10 percent or more the amount of the fee as last approved by a student vote under Subsection (f) or this subsection unless the increase has been approved by a majority vote of the students enrolled at the university who participate in a general student election held for that purpose.


(h) The chief fiscal officer of the university shall collect the fee and shall deposit the revenue from the fee in an account to be known as the intercollegiate athletics fee account.


(i) A fee charged under this section is not considered in determining the maximum amount of student services fees that may be charged each student enrolled at the university under Section 54.503.


(j) The fee may not be charged after the fifth academic year in which the fee is first charged unless, before the end of that academic year, the university has issued bonds payable from the fee, in which event the fee may not be charged after the academic year in which all such bonds, including refunding bonds for those bonds, have been fully paid.


Added by Acts 2009, 81st Leg., R.S., Ch. 125 (S.B. 473), Sec. 1, eff. May 23, 2009.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 5.0045, eff. September 1, 2015.


Sec. 54.5192. INTERCOLLEGIATE ATHLETICS FEE; UNIVERSITY OF NORTH TEXAS AT DALLAS. (a) The board of regents of the University of North Texas System may charge each student enrolled at the University of North Texas at Dallas an intercollegiate athletics fee in an initial amount not to exceed $10 per semester credit hour for each regular semester or summer session. The amount of the fee may be increased only as provided by Subsection (e).


(b) A student enrolled in more than 12 semester credit hours shall pay the fee in an amount equal to the amount charged a student enrolled in 12 semester credit hours during the same semester or session.


(c) Revenue from the fee charged under this section may be used only to develop and maintain an intercollegiate athletics program at the university.


(d) The fee may not be charged unless approved by a majority vote of the students enrolled at the university who participate in a general student election held for that purpose.


(e) The amount of the fee per semester credit hour may be increased from one academic year to the next only if approved by a majority vote of the students participating in a general student election held for that purpose or, if the amount of the increase does not exceed five percent, by a majority vote of the legislative body of the student government of the university.


(f) The ballot proposition for an election to approve a proposed initial fee under Subsection (d) or a proposed fee increase under Subsection (e) must:


(1) clearly state the amount of the proposed fee or fee increase, as applicable; and


(2) describe the reason for the proposed fee or fee increase, as applicable.


(g) A fee charged under this section is in addition to any other fee authorized by law and may not be considered in determining the maximum amount of student services fees that may be charged each student enrolled at the university under Section 54.503.


Added by Acts 2019, 86th Leg., R.S., Ch. 1251 (H.B. 4182), Sec. 1, eff. September 1, 2019.


Sec. 54.520. UNIVERSITY CENTER STUDENT FEE; STEPHEN F. AUSTIN STATE UNIVERSITY. (a) To the extent approved by the students under Subsection (b), the board of regents of Stephen F. Austin State University may charge each student enrolled in one or more courses conducted by the university a fee in the amount of $9 for each semester credit hour, in a total amount of at least $35 but not to exceed $85 per student for each semester or summer session, for the purpose of acquiring, constructing, renovating, operating, maintaining, improving, equipping, and financing a university center or additions to the center. The fees authorized in this section supplement any other use or service fee authorized by law.


(b) The decision to levy a fee under this section must be approved by a majority vote of those students participating in a general election called for that purpose.


(c) The chief fiscal officer of the university shall collect the fees provided for in this section and shall credit the money received from the fees to an account known as the university center administration and program fund.


Added by Acts 1979, 66th Leg., p. 734, ch. 326, Sec. 1, eff. June 6, 1979. Renumbered from Education Code Sec. 101.42 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 22, eff. Aug. 31, 1987; Amended by Acts 2003, 78th Leg., ch. 475, Sec. 1, eff. June 20, 2003.


Sec. 54.5201. RECREATIONAL SPORTS FEE; STEPHEN F. AUSTIN STATE UNIVERSITY. (a) The board of regents of Stephen F. Austin State University may charge each student enrolled at the university a recreational sports fee not to exceed $120 per semester or summer session of longer than six weeks or $60 per summer session of six weeks or less. The fee may be used to purchase equipment for and to construct, operate, and maintain recreational sports facilities and programs.


(b) The recreation fee authorized by this section may not be increased more than 10 percent from one academic year to the next unless the increase has been approved by a majority vote of those students participating in a general student election called for that purpose. The fee may not exceed the amounts provided by Subsection (a).


(c) The chief fiscal officer of the university shall collect any student recreational sports fee imposed under this section and shall deposit the money collected in an account to be known as the student recreational sports account.


(d) A student recreational sports fee imposed under this section is not counted in determining the maximum student services fee that may be charged under Section 54.503.


Added by Acts 2005, 79th Leg., Ch. 503 (H.B. 598), Sec. 1, eff. June 17, 2005.


Sec. 54.5202. INTERCOLLEGIATE ATHLETICS FEE; STEPHEN F. AUSTIN STATE UNIVERSITY. (a) The board of regents of Stephen F. Austin State University may charge each student enrolled at the university an intercollegiate athletics fee in an initial amount not to exceed $10 per semester credit hour for each semester or summer session. The amount of the fee may be increased only as provided by Subsection (f).


(b) The board of regents may prorate the amount of the fee for a summer session.


(c) A student enrolled in more than 15 semester credit hours shall pay the fee in an amount equal to the amount imposed on a student enrolled in 15 semester credit hours during the same semester or session.


(d) Revenue from the fee charged under this section may be used only for financing, constructing, operating, maintaining, or improving an athletic facility or for operating an intercollegiate athletics program at the university.


(e) The fee may not be charged unless approved by a majority vote of the students enrolled at the university who participate in a general student election held for that purpose.


(f) The amount of the fee per semester credit hour may be increased from one academic year to the next only if approved by a majority vote of the students participating in a general student election held for that purpose or, if the amount of the increase does not exceed five percent, by a majority vote of the legislative body of the student government of the university.


(g) The chief fiscal officer of the university shall collect the fee and shall deposit the revenue from the fee in an account to be known as the intercollegiate athletics fee account.


(h) A fee charged under this section is not considered in determining the maximum amount of student services fees that may be charged each student enrolled at the university under Section 54.503.


Added by Acts 2015, 84th Leg., R.S., Ch. 277 (H.B. 671), Sec. 1, eff. June 1, 2015.


Sec. 54.521. STUDENT CENTER FACILITY FEES; TEXAS A&M UNIVERSITY SYSTEM. (a) The board of regents of The Texas A&M University System may levy a regular, fixed student fee on each student enrolled in an educational institution within The Texas A&M University System for the purpose of acquiring, constructing, renovating, operating, maintaining, improving, adding to, replacing, financing, and equipping one or more student center facilities for the institution. The board may set fees in amounts it considers just and necessary but not to exceed $100 per student for each semester for the long session and not to exceed $50 per student for each term of the summer session, or any fractional part of a session. The activities of a student center facility that may be financed in whole or in part by the student center facility fee are limited to those activities in which the entire student body is eligible to participate. The financed activities may not be held outside the territorial limits of any educational institution within The Texas A&M University System.


(b) The comptroller of each institution shall collect the fees levied under Subsection (a) of this section and shall credit the money received from the fees to an account known as the student center facility fee account.


(c) The money collected and placed in the student center facility fee account may be used only for the purposes provided by Subsection (a) of this section. A complete and itemized budget shall be submitted to the board annually and must be accompanied by a full and complete report of all activities conducted during the past year and all expenditures made incident to the activities. The board shall make changes in the budget it considers necessary before approving the budget, and shall then levy the fees in amounts sufficient to meet the approved budget, within the limits fixed by this section.


(d) The decision to levy a student center facility fee and the amount of the initial fee must be approved by a majority vote of those students participating in a general election called for that purpose.


(e) The fee authorized by this section may not be increased from one academic year to the next unless the increase has been approved by a majority vote of the students at the affected institution participating in a general election called for that purpose, except that at Tarleton State University the fee may be increased by not more than 10 percent from one academic year to the next without holding an election. The fee may not exceed the maximum amounts provided by Subsection (a).


(f) The president of each institution in the system shall establish a formal system for soliciting and receiving student comment with respect to matters of construction and operation of a facility or program financed by a fee charged under this section.


Added by Acts 1983, 68th Leg., p. 5008, ch. 899, Sec. 1, eff. June 19, 1983. Renumbered from Education Code Sec. 85.30 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 23, eff. Aug. 31, 1987. Amended by Acts 1991, 72nd Leg., ch. 281, Sec. 1, eff. Aug. 26, 1991; Acts 1997, 75th Leg., ch. 546, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 826, Sec. 1, eff. June 14, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 327 (S.B. 702), Sec. 1, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 327 (S.B. 702), Sec. 2, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 1226 (H.B. 1102), Sec. 1, eff. June 18, 2005.


Sec. 54.522. STUDENT CENTER FEES; TEXAS SOUTHERN UNIVERSITY. (a) The board of regents of Texas Southern University may impose on each student enrolled in the university a student fee not to exceed $75 per student for each semester of the regular term and not to exceed $37.50 per student for each summer term, as the board determines necessary for the purpose of operating, maintaining, improving, and equipping the student center and acquiring or constructing additions to the student center. A fee collected under this section is in addition to any other use or service fee authorized to be imposed.


(b) The fees collected under this section shall be deposited to the credit of an account known as the "Texas Southern University Student Center Fee Account" and shall be under the control of the student fee advisory committee established under Section 54.5031.


(c) The student fee advisory committee annually shall submit to the board of regents a complete and itemized budget for the student center with a complete report of all student center activities conducted during the past year and all expenditures made in connection with those activities. The board of regents may make changes in the budget that the board determines are necessary. After approving the budget, the board of regents, in accordance with this section, may impose the student center fees for that year in amounts sufficient to meet the budgetary needs of the student center.


(d) The board may not increase the amount of the student center fee in any academic year unless the amount of the increase is approved by a majority of the students voting in an election held for that purpose or by a majority of the student government of the institution.


(e) A fee imposed under this section may not be considered in determining the maximum student services fee that may be charged under Section 54.503(b).


(f) The fee may not be charged after the fifth academic year in which the fee is first charged unless, before the end of that academic year, the university has issued bonds payable in whole or in part from the fee, in which event the fee may not be charged after the academic year in which all such bonds, including refunding bonds for those bonds, have been fully paid.


Added by Acts 1977, 65th Leg., p. 2206, ch. 869, Sec. 2, eff. Aug. 29, 1977. Renumbered from Education Code Sec. 106.37 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 24, eff. Aug. 31, 1987. Amended by Acts 1989, 71st Leg., 1st C.S., ch. 38, Sec. 1, eff. Oct. 18, 1989; Acts 1997, 75th Leg., ch. 542, Sec. 1, eff. May 31, 1997.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1154 (H.B. 2954), Sec. 1, eff. June 19, 2009.


Sec. 54.5221. RECREATIONAL FACILITY FEE; TEXAS SOUTHERN UNIVERSITY. (a) The board of regents of Texas Southern University may levy and collect a recreational facility fee not to exceed $50 per student for each semester of the regular term or the summer session from each student enrolled in Texas Southern University, for the sole purpose of constructing, operating, maintaining, improving, and equipping a recreational facility or program at the institution. A fee collected under this section is in addition to any other use or service fee authorized to be levied.


(b) The fees collected under this section shall be deposited to the credit of an account known as the "Texas Southern University recreational facility fee account" and shall be under the control of the student fee advisory committee established under Section 54.5031.


(c) The student fee advisory committee annually shall submit to the board of regents a complete and itemized budget for the recreational facility with a complete report of all recreational facility activities conducted during the past year and all expenditures made in connection with those activities. The board of regents may make changes in the budget that the board determines are necessary. After approving the budget, the board of regents, in accordance with this section, may levy the recreational facility fees for that year in amounts sufficient to meet the budgetary needs of the recreational facility. If the budget approved by the board contains an expenditure for the construction of a facility, the board may contract for the construction of the facility.


(d) The board may not increase the amount of the recreational facility fee by more than 10 percent in any academic year unless the amount of the increase is approved by a majority of the students voting in an election held for that purpose or by a majority of the student government of the institution.


(e) A fee levied under this section may not be considered in determining the maximum student services fee that may be charged under Section 54.503(b).


Added by Acts 1997, 75th Leg., ch. 586, Sec. 1, eff. June 2, 1997.


Sec. 54.5222. MEDICAL SERVICES FEE; TEXAS SOUTHERN UNIVERSITY. (a) The board of regents of Texas Southern University may levy and collect a medical services fee not to exceed $35 per student for each semester of the regular term or $17.50 for each term of the summer session from each student enrolled in Texas Southern University for the sole purpose of operating, maintaining, improving, and equipping a medical service facility at the university, acquiring and constructing additions to the medical service facility, and providing medical services to students registered at the university. A fee collected under this section is in addition to any other use or service fee authorized to be levied.


(b) The fees collected under this section shall be deposited to the credit of an account known as the "Texas Southern University Medical Services Fee Account" and shall be under the control of the student fee advisory committee established under Section 54.5031.


(c) The student fee advisory committee annually shall submit to the board of regents a complete and itemized budget for the medical service facility with a complete report of all medical service activities conducted during the past year and all expenditures made in connection with those activities. The board of regents may make changes in the budget that the board determines are necessary. After approving the budget, the board of regents, in accordance with this section, may levy a medical services fee for that year in amounts sufficient to meet the budgetary needs of the medical service facility. If the budget approved by the board contains an expenditure for the construction of a facility, the board may contract for the construction of the facility.


(d) The board may not increase the amount of the medical services fee by more than 10 percent in any academic year unless the amount of the increase is approved by a majority of the students voting in an election held for that purpose or by a majority of the student government of the institution.


(e) A fee levied under this section may not be considered in determining the maximum student services fee that may be charged under Section 54.503(b).


(f) Before a fee is initially charged under this section and at other times as determined by the board of regents, the board shall provide students at the institution and employees of the institution an opportunity to make recommendations to the board about the type of or scope of services the medical facility should offer.


Added by Acts 1997, 75th Leg., ch. 544, Sec. 1, eff. May 31, 1997.


For expiration of Section 54.5223, see Subsection (h).



Sec. 54.5223. INTERCOLLEGIATE ATHLETICS FEE: TEXAS SOUTHERN UNIVERSITY. (a) The board of regents of Texas Southern University may impose an intercollegiate athletics fee on each student enrolled at Texas Southern University in an amount not to exceed $10 per semester credit hour.


(b) The amount of the fee imposed on a student in a semester or session may not exceed the amount of the fee imposed on a student enrolled in 15 semester credit hours during the same semester or session.


(c) The fee may not be imposed unless approved by a majority vote of the students of the university participating in a general student election held for that purpose.


(d) The amount of the fee per semester credit hour may be increased from one academic year to the next only if approved by a majority vote of the students of the university participating in a general student election held for that purpose.


(e) A fee imposed under this section may be used to develop and maintain an intercollegiate athletics program at the university.


(f) A fee imposed under this section is in addition to any other fee authorized by law and may not be considered in determining the maximum amount of student services fees that may be imposed under Section 54.503.


(g) Repealed by Acts 2019, 86th Leg., R.S., Ch. 410 (H.B. 1516), Sec. 1, eff. June 4, 2019.


(h) Repealed by Acts 2019, 86th Leg., R.S., Ch. 410 (H.B. 1516), Sec. 1, eff. June 4, 2019.


Added by Acts 2009, 81st Leg., R.S., Ch. 1046 (H.B. 4501), Sec. 1, eff. June 19, 2009.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1380 (H.B. 3792), Sec. 1, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1384 (S.B. 1810), Sec. 1, eff. September 1, 2013.


Acts 2019, 86th Leg., R.S., Ch. 410 (H.B. 1516), Sec. 1, eff. June 4, 2019.


Sec. 54.523. STUDENT CENTER FEES; TEXAS STATE UNIVERSITY SYSTEM. (a) To the extent approved by the students under Subsection (b) of this section, the board of regents of the Texas State University System may charge each student enrolled in a university or educational center under its authority a student center fee not to exceed $100 per semester or $50 per summer term of six weeks or less to be used to construct, operate, maintain, improve, and program a student center at the university or educational center at which the student is enrolled.


(b) The decision to levy a student center fee, the amount of the initial fee, and an increase in the fee must be approved by a majority vote of those students participating in a general election called for that purpose; provided that this requirement shall not apply to the decision to levy a student center fee or the amount of the initial fee approved by the board prior to the effective date of this section.


(c) The chief fiscal officer of each university operating a student center, either on its central campus or at an educational center of the university, shall collect the student center fee and shall deposit the money received into an account known as the student center account.


(d) The university shall hold in reserve any fee revenue that exceeds the amount necessary to construct, operate, maintain, improve, and program the student center. The university may use the fee revenue held in reserve only for future expenses of constructing, operating, maintaining, improving, or programming the student center.


(e) The board may charge a student center fee under this section at Lamar University or an educational center of Lamar University in the amount charged at the appropriate institution in the 1994-1995 academic year under former Section 54.517 or 108.361 as approved by a majority of the students of the institution voting in an election called for that purpose, as if the fee had been approved by a majority vote of the students under this section. Revenue from the fee charged under this section at an educational center of Lamar University may be used to pay the principal of and interest on revenue bonds issued under former Section 108.361 for the purpose of constructing a student center at the educational center.


Added by Acts 1981, 67th Leg., p. 1812, ch. 401, Sec. 1, eff. June 11, 1981. Renumbered from Education Code Sec. 95.35 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 25, eff. Aug. 31, 1987. Amended by Acts 1991, 72nd Leg., ch. 156, Sec. 1, eff. May 22, 1991; Acts 1995, 74th Leg., ch. 1061, Sec. 8, 12(3), eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 598, Sec. 4, eff. June 20, 2003.


Sec. 54.5241. STUDENT UNION FEES; TEXAS TECH UNIVERSITY SYSTEM. (a) The board of regents of the Texas Tech University System may impose a fee in a fixed amount on each student enrolled in a component institution of the Texas Tech University System for the purpose of providing revenue for financing, operating, maintaining, improving, and equipping student union facilities or for acquiring or constructing additions to those facilities.


(b) The board of regents may change the amount of the fee imposed at an institution as necessary to provide sufficient funds for the student union but may not increase the amount of the fee by more than 10 percent unless the amount of the increase is approved by:


(1) a majority of the students of the institution voting in a general student election held for that purpose; or


(2) a majority vote of the legislative body of the student government of the institution.


(c) The board of regents may prorate the amount of the fee imposed at an institution based on the length of the semester or term for which a student enrolls.


(d) The fiscal officer of each institution shall collect the fees imposed under this section at the institution and shall credit the money received from the fees to an account known as the student union account. The money in the account may be used only for the purposes provided by Subsection (a) and shall be placed under the control of and subject to the order of the advisory board of the institution's student union. The advisory board shall annually submit a complete and itemized budget accompanied by a full and complete report of all activities conducted during the year and all expenditures made in connection with those activities. The board of regents shall make the changes in the budget as the board of regents considers necessary before approving the budget and shall impose the fees in an amount sufficient to meet the budgetary needs of the student union, subject to Subsection (b).


(e) The board of regents may pledge the fees imposed under this section to pay obligations issued for authorized purposes pursuant to the revenue financing system of the Texas Tech University System.


(f) Student union fees imposed under this section are in addition to any other fee the board of regents is authorized by law to impose and may not be considered in determining the maximum student services fee that may be imposed under Section 54.503(b).


Added by Acts 2003, 78th Leg., ch. 945, Sec. 1, eff. Sept. 1, 2003.


Sec. 54.525. FEES FOR STUDENT CENTERS; TEXAS WOMAN'S UNIVERSITY. (a) The board of regents of Texas Woman's University may levy a regular, fixed student fee of not less than $25 or more than $75 per student for each semester of the long session and of not less than $12.50 or more than $35 per student for each term of the summer session, as the board determines is just and necessary for the purpose of financing, improving, operating, maintaining, and equipping student centers and acquiring or constructing additions to student centers.


(b) The board may increase a student fee levied under this section. If the increase is for more than $3 per fiscal year, a majority of the students voting in an election called for that purpose must approve the increase.


(c) Revenue from a fee imposed under this section shall be deposited to the credit of an account known as the "Texas Woman's University Student Center Fee Account" under the control of the university's student fee advisory committee. Annually, the committee shall submit to the president of the university its recommendation for any change to the amount of the fee and a complete and itemized budget for the student center together with a complete report of all student center activities conducted during the past year and all expenditures made in connection with those activities. The president shall submit the budget to the board of regents as part of the university's institutional budget. The board of regents may make changes in the budget that the board determines are necessary.


(d) Notwithstanding Subsection (a), the board may increase the amount of the fee for a semester or summer session to an amount that does not exceed $150 if the increase is approved by a majority vote of those students participating in a general election called for that purpose. The increased amount under this subsection may not be charged after the fifth academic year in which the increased amount is first charged unless, before the end of that academic year, the institution has issued bonds payable from the fee, in which event the increased amount may not be charged after the academic year in which all such bonds, including refunding bonds for those bonds, have been fully paid.


Added by Acts 1985, 69th Leg., ch. 239, Sec. 87, eff. Sept. 1, 1985. Renumbered from Education Code Sec. 107.47 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 27, eff. Aug. 31, 1987. Amended by Acts 1999, 76th Leg., ch. 1361, Sec. 1, eff. June 19, 1999.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 190 (S.B. 596), Sec. 1, eff. May 28, 2015.


Sec. 54.5251. STUDENT FITNESS AND RECREATIONAL FEE; TEXAS WOMAN'S UNIVERSITY. (a) The board of regents of Texas Woman's University may charge each student enrolled at the university a student fitness and recreational fee in an amount not to exceed:


(1) $125 for each regular semester or each summer session of more than six weeks; or


(2) $62.50 for each summer session of six weeks or less.


(b) The fee may be used only for financing, constructing, operating, maintaining, or improving a fitness or recreational facility or for operating a fitness or recreational program at the university.


(c) The fee may not be imposed unless approved by a majority vote of the students of the university who participate in a general student election held for that purpose.


(d) The amount of the fee may not be increased to an amount that exceeds by 10 percent or more the total amount of the fee as last approved by a student vote under Subsection (c) or this subsection unless the increase has been approved by a majority vote of the students enrolled at the university who participate in a general student election called for that purpose.


(e) The chief fiscal officer of the university shall collect the fee and shall deposit the revenue from the fee in an account to be known as the student fitness and recreational account.


(f) The fee is not considered in determining the maximum amount of student services fees that may be charged under Section 54.503.


(g) The board may permit a person who is not enrolled at the university to use a facility financed with revenue from the fee imposed under this section only if:


(1) the person's use will not materially interfere with use of the facility by students of the university;


(2) the person is charged a fee in an amount that is not less than the amount of the student fee or the total amount of the direct and indirect costs to the university of providing for the person's use, except that a charge under this subdivision may not be imposed on a person who uses the facility under an existing lifetime contract with the university for the use of fitness and recreational facilities; and


(3) the person's use will not materially increase the potential liability of the university.


Added by Acts 2007, 80th Leg., R.S., Ch. 643 (H.B. 902), Sec. 1, eff. June 15, 2007.


Sec. 54.526. STUDENT FEES FOR UNIVERSITY CENTERS; THE UNIVERSITY OF HOUSTON. (a) The board of regents of the University of Houston System may levy a student union fee, not to exceed $150 per student for each regular semester and not to exceed $75 per student for each term of the summer session. The sole purpose of the fee is financing, constructing, operating, maintaining, and improving a Student Union Building for the University of Houston. The fees herein authorized to be levied are in addition to any use or service fee now or hereafter authorized to be levied.


(b) Such fees shall be deposited to an account known as "The University of Houston Center Fee Account" and shall be placed under the control of and subject to the order of the student fees advisory committee established under Section 54.5062. The committee shall annually submit to the president of the University of Houston a complete and itemized budget to be accompanied by a full and complete report of all activities conducted during the past year and all expenditures made incident thereto. The board of regents shall make such changes in the budget as it deems necessary before approving the budget. The board shall then levy the fees, within the limits herein fixed, in such amounts as will be sufficient to meet the budgetary needs of the University Center Building. An increase in the fee from one academic year to the next must be approved by a majority vote of the students voting in an election called for that purpose or by a majority vote of the student government. Expenditures from "The University of Houston Center Fee Account" shall be made solely for the purposes set forth in this section, and in compliance with the budget approved by the board of regents.


(c) The fee may not be charged after the fifth academic year in which the fee is first charged unless, before the end of that academic year, the university has issued bonds payable in whole or in part from the fee, in which event the fee may not be charged after the academic year in which all such bonds, including refunding bonds for those bonds, have been fully paid.


Added by Acts 1977, 65th Leg., p. 1473, ch. 597, Sec. 1, eff. Aug. 29, 1977. Renumbered from Education Code Sec. 111.42 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 28, eff. Aug. 31, 1987. Amended by Acts 1991, 72nd Leg., ch. 105, Sec. 2, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 73, Sec. 1, eff. May 11, 1995.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 915 (H.B. 2961), Sec. 1, eff. June 19, 2009.


Sec. 54.527. STUDENT FEES FOR UNIVERSITY CENTER FACILITIES; THE UNIVERSITY OF HOUSTON-DOWNTOWN COLLEGE. (a) The board of regents of the University of Houston System may levy a university center fee in an amount not to initially exceed $15 per student enrolled for five semester credit hours or less and $25 per student enrolled for six semester credit hours or more for each regular semester, and not to initially exceed $15 per student enrolled for each summer session. This fee may be used for the purpose of financing, construction, operating, maintaining, and improving facilities for university center activities, wherever located on the campus of the University of Houston-Downtown College. This fee may be levied in addition to any other use or service fee.


(b) The university center fee may be increased by the board of regents only on an affirmative vote of a majority of the student body voting at the University of Houston-Downtown College.


(c) The business officer of the University of Houston-Downtown College shall collect the university center fees and deposit the fees to the credit of an account known as the University Center Fee Account.


(d) The money deposited to the credit of the University Center Fee Account shall be used for the purposes authorized in Subsection (a) of this section. A complete and itemized budget shall be submitted annually and accompanied by a full and complete report of all activities conducted during the past year and all expenditures incident to those activities. The board of regents shall make changes in the budget that it considers necessary.


Added by Acts 1983, 68th Leg., p. 5102, ch. 928, Sec. 1, eff. June 19, 1983. Renumbered from Education Code Sec. 111.94 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 29, eff. Aug. 31, 1987.


Sec. 54.528. RECREATIONAL FACILITY FEE; THE UNIVERSITY OF HOUSTON. (a) The board of regents of the University of Houston System may charge each student enrolled at the University of Houston a recreational and wellness facility fee to finance, construct, operate, maintain, or improve student wellness and recreational facilities at the university. The initial amount of the fee may not exceed $75 for each semester of the regular term or for each summer session. The board may prorate the amount of the fee for a summer session.


(b) The fee may not be imposed unless the fee is approved by a majority vote of those students participating in a general student election called for that purpose. The fee may not be imposed in a semester or session before the first semester or session in which a wellness and recreational facility is available for use.


(c) The board may increase the amount of the fee, but may not increase the amount by more than 10 percent from one academic year to the next unless the increase is approved by a majority vote of those students voting in a general student election called for that purpose.


(d) The board shall deposit the revenue from the fee in an account known as the recreational and wellness facility account.


(e) The board may pledge revenue from the fee to pay obligations issued pursuant to the revenue financing system of the University of Houston System.


(f) A fee imposed under this section may not be considered in determining the maximum amount of student services fees that may be charged under Section 54.503.


(g) The board may permit a person who is not enrolled at the University of Houston to use a facility financed with revenue from a fee imposed under this section if:


(1) the person's use of the facility will not materially interfere with student demand or use;


(2) the person is charged a fee that is not less than the student fee and that is not less than the direct and indirect cost to the university of providing for the person's use; and


(3) the person's use will not materially increase the potential liability of the university.


Added by Acts 1999, 76th Leg., ch. 221, Sec. 1, eff. May 24, 1999.


Sec. 54.529. STUDENT UNION FEE; THE UNIVERSITY OF TEXAS AT ARLINGTON. (a) The board of regents of The University of Texas System may levy a student union fee not to exceed $150 per student for each regular semester and not to exceed $75 per student for each term of the summer session, for the sole purpose of financing, constructing, operating, maintaining, and improving the Student Union Building for The University of Texas at Arlington. The fee may not be increased above an amount previously levied unless the increase is approved by a majority vote of those students participating in a general election held at the university for that purpose. The ballot proposition for such an election must clearly state the amount of the proposed fee increase and describe the reason for the proposed fee increase. The fees herein authorized to be levied are in addition to any use or service fee now or hereafter authorized to be levied.


(b) Such fees shall be deposited to an account known as "The University of Texas at Arlington Student Union Fee Account" and shall be placed under the control of and subject to the order of the Student Union Advisory Committee. The committee shall annually submit to the president of The University of Texas at Arlington a complete and itemized budget to be accompanied by a full and complete report of all activities conducted during the past year and all expenditures made incident thereto. The president shall submit the budget to the board of regents as part of the institutional budget. The board of regents shall make such changes in the budget as it deems necessary before approving the budget, and shall then levy the fees, within the limits herein fixed, in such amounts as will be sufficient to meet the budgetary needs of the student union building.


Added by Acts 1977, 65th Leg., p. 832, ch. 309, Sec. 1, eff. Aug. 29, 1977. Amended by Acts 1983, 68th Leg., p. 890, ch. 209, Sec. 1, eff. Aug. 29, 1983. Renumbered from Education Code Sec. 68.04 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 31, eff. Aug. 31, 1987. Amended by Acts 1989, 71st Leg., ch. 910, Sec. 1.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1001 (H.B. 2718), Sec. 1, eff. September 1, 2019.


Sec. 54.530. STUDENT UNION FEES; THE UNIVERSITY OF TEXAS AT AUSTIN. (a) The board of regents of The University of Texas System may levy and collect from each student a compulsory fee for operating, maintaining, improving, equipping, and/or constructing additions to the existing Texas Union building near Guadalupe Street. Unless the board increases the amount as provided by this subsection, the fee may not exceed $33 for each regular semester and $16.50 for each term of each summer session. The money collected from the fees shall be deposited to an account known as the Texas Union Fee Account. With the concurrence of the student fees advisory committee, the board may increase the amount of the fee to an amount that is not more than 10 percent of the amount imposed in the preceding academic year. The board may increase the amount of the fee to an amount that is more than 10 percent of the amount imposed in the preceding academic year if that increase in the fee is approved by a majority vote of those students participating in a general election called for that purpose. However, the board may not increase the amount of the fee to an amount that is more than $50 for each regular semester and $30 for each term of each summer session. The activities of said Texas Union building financed in whole or in part by the fee shall be limited to those activities in which the entire student body is eligible to participate, and in no event shall any of the activities so financed be held outside of the territorial limits of the campus of The University of Texas at Austin.


(b) The fees thus collected and placed in the Texas Union Fee Account shall be placed under the control of and subject to the order of the board of directors of the Texas Union building, which board shall annually submit a complete and itemized budget to be accompanied by a full and complete report of all activities conducted during the past year and all expenditures made incident thereto. The board of regents shall make such changes in the budget as it deems necessary before approving the same, and shall then levy the fees in such amounts as will be sufficient to meet the budgetary needs of said Texas Union building, within the limits herein fixed.


(c) The power and authority conferred by this section does not and shall not constitute in any way a limitation or restriction upon the power and authority of the board of regents under Chapter 55 of this code.


Amended by Acts 1979, 66th Leg., p. 2074, ch. 811, Sec. 1, eff. June 13, 1979; Acts 1983, 68th Leg., p. 2060, ch. 378, Sec. 3. Renumbered from Education Code Sec. 67.21 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 32, eff. Aug. 31, 1987. Amended by Acts 1989, 71st Leg., ch. 910, Sec. 8; Acts 1999, 76th Leg., ch. 1529, Sec. 1, eff. Aug. 30, 1999.


Sec. 54.531. STUDENT UNION BUILDING FEES; THE UNIVERSITY OF TEXAS AT DALLAS. (a) The board of regents of The University of Texas System may levy a student union fee, not to exceed $60 per student for each regular semester and not to exceed $40 per student for each term of the summer session, for the sole purpose of financing, constructing, operating, maintaining, and improving a student union building for The University of Texas at Dallas; provided, however, that the fee may not be increased above $40 per student for each regular semester and $26.67 per student for each term of the summer session unless the increase is approved by a majority vote of those students participating in a general election held for that purpose. The fees herein authorized to be levied are in addition to any use or service fee now or hereafter authorized to be levied.


(b) Such fees shall be deposited to an account known as "The University of Texas at Dallas Student Union Fee Account" and shall be placed under the control of and subject to the order of the Student Union Advisory Committee. The committee shall annually submit to the president of The University of Texas at Dallas a complete and itemized budget to be accompanied by a full and complete report of all activities conducted during the past year and all expenditures made incident thereto. The president shall submit the budget to the board of regents as part of the institutional budget. The board of regents shall make such changes in the budget as it deems necessary before approving the budget, and shall then levy the fees, within the limits herein fixed, in such amounts as will be sufficient to meet the budgetary needs of the student union building.


(c) The board of regents may pledge fees levied under this section to pay obligations issued pursuant to the revenue financing system of The University of Texas System.


Added by Acts 1977, 65th Leg., p. 1041, ch. 385, Sec. 1, eff. Aug. 29, 1977. Amended by Acts 1985, 69th Leg., ch. 239, Sec. 86, eff. Sept. 1, 1985. Renumbered from Education Code Sec. 70.08 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 33, eff. Aug. 31, 1987. Amended by Acts 1989, 71st Leg., ch. 910, Sec. 2; Acts 1993, 73rd Leg., ch. 492, Sec. 1, eff. Aug. 30, 1993.


Sec. 54.5311. TRANSPORTATION FEE; THE UNIVERSITY OF TEXAS AT DALLAS. (a) The board of regents of The University of Texas System may impose on each student enrolled at The University of Texas at Dallas a transportation fee in an amount not to exceed $18 for each regular semester or $9 for each term of the summer session, for the sole purpose of financing transportation services, including capital expenses, for students enrolled in the university.


(b) The fee may not be imposed unless approved by a majority vote of the students of the university who participate in a general student election held for that purpose.


(c) The amount of the fee may not be increased to an amount that exceeds by 10 percent or more the total amount of the fee as last approved by a student vote under Subsection (b) or this subsection unless the increase has been approved by a majority vote of the students enrolled at the university who participate in a general student election held for that purpose.


(d) Revenue from the fee must be deposited in an account known as The University of Texas at Dallas Transportation Fee Account and must be expended in accordance with a budget submitted to and approved by the board. The board shall make any changes in the budget the board considers necessary before approving the budget and shall impose the fee, within the limits provided by this section, in an amount sufficient to meet the budget as approved.


(e) A fee imposed under this section may not be considered in determining the maximum amount of student services fees that may be charged under Section 54.503.


(f) The university shall hold in reserve any fee revenue under this section that exceeds the amount necessary to meet the current expenses of the transportation services and shall apply that excess revenue only to future expenses of the transportation services.


Added by Acts 2007, 80th Leg., R.S., Ch. 1423 (S.B. 285), Sec. 1, eff. June 15, 2007.


Sec. 54.5312. STUDENT SERVICES BUILDING FEE; THE UNIVERSITY OF TEXAS AT DALLAS. (a) The board of regents of The University of Texas System may impose on each student enrolled at The University of Texas at Dallas a student services building fee for the sole purpose of financing, constructing, operating, maintaining, and improving a student services building at the university.


(b) A fee imposed under this section may not exceed:


(1) $71 per student for each regular semester or summer term of 12 weeks or longer;


(2) $47.33 per student for each summer term of eight weeks or longer but less than 12 weeks; or


(3) $35 per student for each summer term of less than eight weeks.


(c) The fee may not be imposed unless approved by a majority vote of the students of the university who participate in a general student election held for that purpose.


(d) The amount of the fee may not be increased to an amount that exceeds by 10 percent or more the total amount of the fee as last approved by a student vote under Subsection (c) or this subsection unless the increase has been approved by a majority vote of the students enrolled at the university who participate in a general student election held for that purpose.


(e) Revenue from the fee must be deposited in an account known as The University of Texas at Dallas Student Services Building Fee Account.


(f) A fee imposed under this section may not be considered in determining the maximum amount of student services fees that may be charged under Section 54.503.


(g) The board may pledge revenue from the fee imposed under this section for the payment of obligations issued for authorized purposes pursuant to the revenue financing system of The University of Texas System.


Added by Acts 2007, 80th Leg., R.S., Ch. 1423 (S.B. 285), Sec. 1, eff. June 15, 2007.


Sec. 54.5313. INTRAMURAL AND INTERCOLLEGIATE ATHLETICS FEE; THE UNIVERSITY OF TEXAS AT DALLAS. (a) The board of regents of The University of Texas System may impose on each student enrolled at The University of Texas at Dallas an intramural and intercollegiate athletics fee in an amount not to exceed:


(1) $45 per student for each semester or summer term of 12 weeks or longer;


(2) $30 per student for each summer term of eight weeks or longer but less than 12 weeks; or


(3) $22.50 per student for each summer term of less than eight weeks.


(b) The fee may not be imposed unless approved by a majority vote of the students of the university who participate in a general student election held for that purpose.


(c) The amount of the fee may not be increased to an amount that exceeds by 10 percent or more the total amount of the fee as last approved by a student vote under Subsection (b) or this subsection unless the increase has been approved by a majority vote of the students enrolled at the university who participate in a general student election held for that purpose.


(d) A fee imposed under this section may not be considered in determining the maximum amount of student services fees that may be charged under Section 54.503.


Added by Acts 2007, 80th Leg., R.S., Ch. 1423 (S.B. 285), Sec. 1, eff. June 15, 2007.


Sec. 54.532. STUDENT UNION BUILDING FEES; THE UNIVERSITY OF TEXAS AT SAN ANTONIO. (a) The board of regents of The University of Texas System may levy a student union fee of not less than $20 or more than $150 for each semester or summer session, assessed in proportion to the number of credit hours for which a student registers, for the sole purpose of financing, operating, maintaining, and improving a student union building for The University of Texas at San Antonio. This fee may be levied in addition to any other use or service fee.


(b) The fees collected under Subsection (a) of this section shall be deposited to an account known as The University of Texas at San Antonio University Center Fee Account and shall be placed under the control of and subject to the order of the university center advisory committee. The committee shall annually submit to the president of The University of Texas at San Antonio a complete and itemized budget to be accompanied by a full and complete report of all activities conducted during the past year and all expenditures made incident to those activities. The president shall submit the budget to the board of regents as part of the institutional budget. The board of regents shall make such changes in the budget as it deems necessary before approving the budget. The board shall then levy the fees, within the limits fixed in this section, in such amounts as will be sufficient to meet the budgetary needs of the student union building.


(c) The board may not increase the amount of the student union fee in any academic year unless the amount of the increase is approved by a majority of the students voting in an election held for that purpose and by a majority of the student government of the institution.


Added by Acts 1979, 66th Leg., p. 62, ch. 38, Sec. 1, eff. April 1, 1979. Renumbered from Education Code Sec. 71.07 and amended by Acts 1987, 70th Leg., ch. 901, Sec. 34, eff. Aug. 31, 1987. Amended by Acts 1989, 71st Leg., ch. 910, Sec. 3; Acts 1991, 72nd Leg., ch. 314, Sec. 1, eff. Aug. 26, 1991; Acts 1997, 75th Leg., ch. 1073, Sec. 1.11, eff. Aug. 1, 1997; Acts 2003, 78th Leg., ch. 575, Sec. 1, eff. June 20, 2003.


Sec. 54.5321. TRANSPORTATION FEE; THE UNIVERSITY OF TEXAS AT SAN ANTONIO. (a) The board of regents of The University of Texas System may impose on each student enrolled at The University of Texas at San Antonio a transportation fee not to exceed $50 for each regular semester and not to exceed $25 for each term of the summer session, for the sole purpose of financing transportation services, including capital expenses, for students attending The University of Texas at San Antonio. The fee is in addition to any other use fee or service fee authorized by law. The fee may not be imposed unless the fee is approved by a majority vote of the students participating in a general student election held for that purpose.


(b) The board may not increase the amount of the transportation fee in any academic year unless the amount of the increase is approved by a majority vote of the students participating in a general student election held for that purpose.


(c) Revenue from the fee shall be deposited to an account known as The University of Texas at San Antonio Transportation Fee Account and shall be expended in accordance with a budget submitted to and approved by the board. The board shall make any changes in the budget the board considers necessary before approving the budget and shall impose the fee, within the limits provided by this section, in an amount sufficient to meet the budget as approved.


(d) A fee imposed under this section may not be considered in determining the maximum amount of student services fees that may be charged under Section 54.503.


(e) The university shall hold in reserve any fee revenue that exceeds the amount necessary to meet the current expenses of the transportation services and shall apply that revenue only to future expenses of the transportation services.


Added by Acts 2003, 78th Leg., ch. 574, Sec. 1, eff. June 20, 2003.


Sec. 54.5322. INTERCOLLEGIATE ATHLETICS FEE; THE UNIVERSITY OF TEXAS AT SAN ANTONIO. (a) The board of regents of The University of Texas System may impose a mandatory intercollegiate athletics fee on each student enrolled at The University of Texas at San Antonio. The amount of the fee may not exceed $7 per semester credit hour for each regular semester, not to exceed a total of $84 per semester, unless the amount is increased by the board, subject to the limitation provided by Subsection (b). The fee may not be imposed unless approved by a majority vote of the students participating in a general student election held for that purpose.


(b) The board may not increase the amount of the fee in any academic year unless the amount of the increase is approved by a majority vote of the students participating in a general student election held for that purpose.


(c) The board may prorate the amount of the fee for a summer session.


(d) The fee imposed under this section may not be considered in determining the maximum amount of student services fees that may be imposed under Section 54.503.


Added by Acts 2003, 78th Leg., ch. 574, Sec. 1, eff. June 20, 2003.


Sec. 54.533. STUDENT UNION FEES; THE UNIVERSITY OF TEXAS OF THE PERMIAN BASIN. (a) The board of regents of The University of Texas System may impose a student union fee for the sole purpose of financing, constructing, operating, maintaining, and improving a student union facility for The University of Texas of the Permian Basin. The amount of the fee may not exceed $50 per student for each regular semester and may not exceed $39 per student for each regular semester unless the amount is approved by a majority vote of the students participating in a general student election held for that purpose. The fee is in addition to any other fee authorized to be imposed. The board of regents may prorate the amount of the fee for a summer session.


(b) Revenue collected from the fee shall be deposited to an account known as The University of Texas of the Permian Basin student union fee account and shall be placed under the control of and subject to the order of the student union advisory committee. The committee shall annually submit to the president of the university a complete itemized budget and a complete report of all activities conducted during the preceding year and all expenditures made in connection with those activities. The president shall submit the budget to the board of regents as part of the institutional budget. The board of regents shall make changes in the budget as the board considers necessary before approving the budget and shall then impose the fee, within the limits provided by this section, in amounts sufficient to meet the budgetary needs of the student union facility.


(c) The board of regents may pledge fees imposed under this section to pay obligations issued pursuant to the revenue financing system of The University of Texas System.


(d) A fee may not be imposed under this section in a semester in which the student union facility is not available for student use.


Added by Acts 1999, 76th Leg., ch. 9, Sec. 1, eff. April 30, 1999.


Sec. 54.5331. INTERCOLLEGIATE ATHLETIC FEE; THE UNIVERSITY OF TEXAS OF THE PERMIAN BASIN. (a) The board of regents of The University of Texas System may impose a mandatory intercollegiate athletics fee at The University of Texas of the Permian Basin if the fee is approved by a majority vote of the students participating in a general student election held for that purpose. The amount of the fee may not exceed $5 per semester credit hour for each regular semester in the first academic year in which the fee is imposed.


(b) The amount of the fee per semester credit hour may be increased from one academic year to the next only if the increase is approved by a majority vote of the students of the university participating in a general student election held for that purpose.


(c) The board of regents may prorate the amount of the fee for a summer session.


(d) The fee imposed under this section is in addition to any other fee authorized by law and may not be considered in determining the maximum student services fees that may be imposed under Section 54.503.


Added by Acts 2001, 77th Leg., ch. 82, Sec. 1, eff. May 11, 2001.


Sec. 54.5332. FEES FOR STUDENT SERVICES BUILDING; THE UNIVERSITY OF TEXAS OF THE PERMIAN BASIN. (a) The board of regents of The University of Texas System may charge each student enrolled at The University of Texas of the Permian Basin a fee for the purpose of financing the construction of a student services building at the university or for the purpose of operating the student services building.


(b) The amount of the fee may not exceed:


(1) $150 for each regular semester;


(2) $75 for each summer session of more than six weeks; or


(3) $50 for each summer session of six weeks or shorter.


(c) The amount of the fee may not be increased from one academic year to the next unless the amount of the increase is approved by a majority vote of the students participating in a general student election held for that purpose.


(d) The university shall collect the fee imposed under this section and deposit the money collected into an account to be known as the student services building account of The University of Texas of the Permian Basin. Money in the account may be used only for the purposes described by Subsection (a).


(e) A fee charged under this section is in addition to any other fee the board is authorized by law to charge at the university and may not be considered in determining the maximum student services fee that may be charged under Section 54.503.


Added by Acts 2007, 80th Leg., R.S., Ch. 1193 (H.B. 1157), Sec. 1, eff. June 15, 2007.


Sec. 54.534. ARTS AND PERFORMANCE CENTER FEE; THE UNIVERSITY OF TEXAS AT TYLER. (a) The board of regents of The University of Texas System may levy an Arts and Performance Center fee, not to exceed $20 per student for each regular semester and $10 per student for each term of the summer session, for the sole purpose of financing, constructing, operating, maintaining, and improving an Arts and Performance Center for The University of Texas at Tyler; provided, however, that the fee may not be increased above the amount of $30 per student for each regular semester and $15 per student for each term of the summer session unless the increase is approved by a majority vote of those students participating in the general election. The fees herein authorized to be levied are in addition to any use or service fee now or hereafter authorized to be levied.


(b) Such fees shall be deposited to an account known as The University of Texas at Tyler Arts and Performance Center account and shall be placed under the control of and be subject to the order of the Arts and Performance Complex Advisory Committee. The committee shall annually submit to the president of The University of Texas at Tyler a complete and itemized budget to be accompanied by a full and complete report of all activities conducted during the past year and all expenditures made incident thereto. The president shall submit the budget to the board of regents as part of the institutional budget. The board of regents may subsequently make such changes in the budget as it deems necessary before approving the budget and shall levy the fees, within the limits herein fixed, in such amounts as will be sufficient to meet the budgetary needs of the Arts and Performance Center.


(c) The Arts and Performance Complex Advisory Committee is established to advise the administration of The University of Texas at Tyler on the level and expenditure of fees collected under this section. The administration may also ask the advisory committee to advise the administration on the type, level, and expenditure of voluntary fees for student services collected under this subchapter. The committee is composed of nine members. Four members of the advisory committee must be student members enrolled in not less than six semester hours at the university. Student members shall be selected by the student government of the university and shall serve for a one-year term. The remaining members of the advisory committee shall be appointed by the president of the university and shall be generally representative of the university community. Each nonstudent member serves for a term of two years. The University of Texas at Tyler may adopt such other rules as are necessary to effectuate the purposes of this section.


Added by Acts 1989, 71st Leg., ch. 910, Sec. 4.


Sec. 54.5341. STUDENT RECREATIONAL FACILITY FEE; THE UNIVERSITY OF TEXAS AT TYLER. (a) The board of regents of The University of Texas System may impose a recreational facility fee on each student enrolled at The University of Texas at Tyler. The fee may not be imposed unless approved by a majority vote of the students participating in a general student election held at the university for that purpose.


(b) Unless a higher amount is approved under Subsection (f), the amount of the fee may not exceed:


(1) $40 per student for each regular semester;


(2) $30 per student for each summer session of 12 weeks or longer;


(3) $15 per student for each summer session of six weeks or more but less than 12 weeks; and


(4) $10 per student for each summer session that is shorter than six weeks.


(c) The board may:


(1) use revenue from the fee only to finance, construct, equip, operate, maintain, or improve a recreational facility or program at the university; and


(2) pledge revenue from the fee to pay an obligation issued under the revenue financing system of The University of Texas System.


(d) The board shall deposit revenue from the fee to the credit of an account known as "The University of Texas at Tyler recreational facility fee account" under the control of the student fee advisory committee established under Section 54.5031.


(e) The student fee advisory committee annually shall submit to the board a complete and itemized budget for the recreational facility with a complete report of all recreational facility activities conducted during the past year and all expenditures made in connection with those activities. The board may make changes in the budget that the board determines are necessary. After approving the budget, the board, in accordance with this section, may impose the recreational facility fees for that year in amounts sufficient to meet the budgetary needs of the recreational facility. If the budget approved by the board contains an expenditure for the construction of a facility, the board may contract for the construction of the facility.


(f) The board may not increase the amount of the recreational facility fee unless the amount of the increase is approved by a majority vote of the students participating in a general student election held at the university for that purpose. The ballot proposition for an election under this subsection must clearly state the amount of the proposed fee increase and describe the reason for the proposed fee increase.


(g) A fee imposed under this section is in addition to any other fee the board is authorized by law to impose.


(h) A fee imposed under this section may not be considered in determining the maximum amount of student services fees that may be imposed under Section 54.503(b).


Added by Acts 2001, 77th Leg., ch. 40, Sec. 1, eff. May 3, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 840 (H.B. 2680), Sec. 1, eff. June 10, 2019.


Sec. 54.5342. INTERCOLLEGIATE ATHLETICS FEE; THE UNIVERSITY OF TEXAS AT TYLER. (a) The board of regents of The University of Texas System may impose an intercollegiate athletics fee on each student enrolled at The University of Texas at Tyler. The fee may not be imposed unless approved by a majority vote of the students participating in a general student election held at the university for that purpose.


(b) The amount of the fee may not exceed $7 per semester credit hour for each semester or summer session unless a greater amount is approved by a majority vote of those students participating in a general student election held at the university for that purpose. In that event, the amount of the fee may not exceed the amount approved at the election.


(c) A student enrolled in more than 15 semester credit hours shall pay the fee in an amount equal to the amount imposed on a student enrolled in 15 semester credit hours during that semester or session. Notwithstanding the limitation on the amount of the fee per semester credit hour under Subsection (b), a student enrolled in less than six semester credit hours shall pay the fee in an amount equal to the amount imposed on a student enrolled in six semester credit hours during that semester or session.


(d) A fee imposed under this section may be used to develop and maintain an intercollegiate athletics program at the university.


(e) A fee imposed under this section is in addition to any other fee authorized by law and may not be considered in determining the maximum amount of student services fees that may be imposed under Section 54.503(b).


Added by Acts 2001, 77th Leg., ch. 39, Sec. 1, eff. May 3, 2001.


Sec. 54.5343. STUDENT UNION FEE; THE UNIVERSITY OF TEXAS AT TYLER. (a) If authorized under Subsection (b), the board of regents of The University of Texas System may impose on each student enrolled at The University of Texas at Tyler a student union fee for the purpose of providing revenue for financing, constructing, operating, maintaining, renovating, improving, or equipping a student union building for the university. The fee may not exceed:


(1) $100 per student for each semester or each summer session of more than six weeks; or


(2) $50 per student for each summer session of six weeks or less.


(b) The board of regents may not impose a student union fee under this section unless imposition of the fee is approved by a majority of the university's students voting in a general student election called for that purpose. The board of regents may not increase the amount of the student union fee under this section by more than 10 percent from one academic year to the next unless the amount of the increase is approved by a majority of the university's students voting in a general student election called for that purpose.


(c) The fiscal officer of The University of Texas at Tyler shall collect the fees imposed under this section and shall credit the money received from the fees to an account known as The University of Texas at Tyler student union fee account. The money in the account may be used only for the purposes provided by Subsection (a) and shall be placed under the control of and subject to the order of the Student Union Advisory Committee. The committee shall annually submit to the president of the university a complete and itemized budget accompanied by a full and complete report of all activities conducted during the preceding year and all expenditures made in connection with those activities. The president shall submit the budget to the board of regents as part of the institutional budget. The board of regents shall make the changes in the budget as the board considers necessary before approving the budget and shall impose the fees in an amount sufficient to meet the budgetary needs of the student union, subject to Subsection (b).


(d) The board of regents may pledge revenue from the fees imposed under this section to pay obligations issued for authorized purposes pursuant to the revenue financing system of The University of Texas System.


(e) A student union fee imposed under this section is in addition to any other fee the board of regents is authorized by law to impose and may not be considered in determining the maximum student services fee that may be imposed under Section 54.503(b).


Added by Acts 2005, 79th Leg., Ch. 608 (H.B. 2108), Sec. 1, eff. June 17, 2005.


Sec. 54.535. STUDENT UNION FEE; THE UNIVERSITY OF TEXAS AT EL PASO. (a) The board of regents of The University of Texas System may levy a student union fee not to exceed $30 per student for each regular semester or each summer session of six weeks or more, and not to exceed $15 per student for each summer session of less than six weeks, for the sole purpose of financing, constructing, operating, maintaining, and improving a student union building for The University of Texas at El Paso; provided, however, that the fee may not be increased above $15 per student for each regular semester or each summer session of six weeks or more and $7.50 per student for each summer session of less than six weeks unless the increase is approved by a majority vote of those students participating in a general election. The fees herein authorized to be levied are in addition to any use or service fee now or hereafter authorized to be levied.


(b) Such fees shall be deposited to an account known as The University of Texas at El Paso student union fee account and shall be placed under the control of and subject to the order of the Student Union Advisory Committee. The committee shall annually submit to the president of The University of Texas at El Paso a complete and itemized budget to be accompanied by a full and complete report of all activities conducted during the past year and all expenditures made incident thereto. The president shall submit the budget to the board of regents as part of the institutional budget. The board of regents shall make such changes in the budget as it deems necessary before approving the budget, and shall then levy the fees, within the limits herein fixed, in such amounts as will be sufficient to meet the budgetary needs of the student union building.


Added by Acts 1987, 70th Leg., ch. 346, Sec. 1, eff. Aug. 31, 1987. Renumbered from Education Code Sec. 69.03 and amended by Acts 1989, 71st Leg., ch. 910, Sec. 5. Amended by Acts 1999, 76th Leg., ch. 288, Sec. 2, eff. May 29, 1999.


Sec. 54.536. FEES FOR STUDENT HEALTH SERVICES BUILDING; THE UNIVERSITY OF TEXAS AT AUSTIN. (a) The board of regents of The University of Texas System may charge each student enrolled in The University of Texas at Austin a fee not to exceed $8 a semester or 12-week summer session, $6 a nine-week summer session, or $4 a six-week summer session. The fee may be used only for financing the renovation, improvement, maintenance, or replacement of the student health center building at the university or for operating the student health center.


(b) The university shall collect the student health services building fee imposed under this section and deposit the money collected in an account to be known as the student health services building account. The money collected and placed in the account may be used only to:


(1) finance the renovation, improvement, maintenance, or replacement of the student health center building and be pledged for the payment of obligations issued for those purposes; or


(2) operate the student health center.


(c) The student health services building fee imposed under this section shall not be counted in determining the maximum student services fee which may be charged to the students of The University of Texas at Austin under this subchapter.


Added by Acts 1990, 71st Leg., 6th C.S., ch. 20, Sec. 1, eff. June 18, 1990. Amended by Acts 1999, 76th Leg., ch. 1558, Sec. 3, eff. June 19, 1999.


Sec. 54.537. FEES FOR STUDENT SERVICES BUILDING; THE UNIVERSITY OF TEXAS AT AUSTIN. (a) The board of regents of The University of Texas System may charge each student enrolled at The University of Texas at Austin a fee not to exceed $1.10 per registered semester hour. The fee may be used only for financing the construction, repair, maintenance, renovation, improvement, or replacement of a student services building at the university or for operating the student services building.


(b) The university shall collect the student services building fee imposed under this section and deposit the money collected into an account to be known as the student services building account. The money collected and placed in the account may be used only to:


(1) finance the construction, repair, maintenance, renovation, improvement, or replacement of a student services building and be pledged for the payment of obligations issued for those purposes; or


(2) operate the student services building.


(c) A fee may not be imposed under this section until the semester in which a student services building will be available for use.


(d) The student services building fee imposed under this section shall not be counted in determining the maximum student services fee which may be charged to the students of The University of Texas at Austin under this subchapter.


(e) The powers granted to the board of regents under this section are cumulative of all other powers granted to that board.


Added by Acts 1991, 72nd Leg., ch. 839, Sec. 2, eff. Aug. 26, 1991. Amended by Acts 1999, 76th Leg., ch. 1558, Sec. 4, eff. June 19, 1999.


Sec. 54.5371. GREGORY GYMNASIUM RENOVATION FEE; THE UNIVERSITY OF TEXAS AT AUSTIN. (a) The board of regents of The University of Texas System may charge each student enrolled at The University of Texas at Austin a fee not to exceed $1.90 per credit hour per semester or 12-week summer session or 95 cents per credit hour per six-week summer session. The fee may be used for financing, renovating, operating, maintaining, and improving the Gregory Gymnasium.


(b) The university shall collect the gymnasium renovation fee imposed under this section and deposit the money collected in an account to be known as the Gregory Gymnasium renovation account. The money collected shall be used only for the purposes described in Subsection (a) of this section.


(c) A fee under this section may not be collected under this section until the semester in which the gymnasium has been substantially renovated and the first phase of the renovated facility is made available for use.


(d) The board of regents may pledge fees collected under this section for the payment of obligations issued for authorized purposes pursuant to the revenue financing system of The University of Texas System.


(e) The fees collected under this section shall not be counted in determining the maximum student services fee which may be charged to students of The University of Texas at Austin under this subchapter.


Added by Acts 1993, 73rd Leg., ch. 243, Sec. 1, eff. May 22, 1993.


Sec. 54.5372. AQUATICS CENTER FEE; THE UNIVERSITY OF TEXAS AT AUSTIN. (a) The board of regents of The University of Texas System may charge each student enrolled at The University of Texas at Austin a fee not to exceed 85 cents per credit hour per semester. The fee may be used for financing, constructing, renovating, operating, maintaining, and improving an aquatics center at the Gregory Gymnasium complex.


(b) The board of regents shall prorate the fee allowed under this section based on the length of the semester or term for which the student is enrolled.


(c) The university shall collect the fee imposed under this section and use it only for the purposes described in this section.


(d) A fee under this section may not be collected until the semester in which the aquatics center has been substantially completed and is made available for use.


(e) The board of regents may pledge fees collected under this section for the payment of obligations issued for authorized purposes pursuant to the revenue financing system of The University of Texas System.


(f) The fees collected under this section shall not be counted in determining the maximum student services fee which may be charged to students of The University of Texas at Austin under this subchapter.


Added by Acts 1999, 76th Leg., ch. 1307, Sec. 1, eff. June 18, 1999.


Sec. 54.538. RECREATIONAL SPORTS FEE; TEXAS STATE UNIVERSITY SYSTEM. (a) If approved by student vote at a system institution, the Board of Regents, Texas State University System, may charge each student enrolled at such institution a recreational sports fee not to exceed $100 per semester or summer session of 10 weeks or longer or $50 per summer session of less than 10 weeks. The fee may be used to purchase equipment for and to construct, operate, and maintain recreational sports facilities and programs at the designated institution.


(b) The recreation fee authorized by this section may not be increased more than 10 percent from one academic year to the next unless the increase has been approved by a majority vote of those students at the affected institution participating in a general student election called for that purpose. The fee may not exceed the amounts provided by Subsection (a).


(c) Each system institution shall collect any student recreational sports fee imposed under this section and shall deposit the money collected in an account to be known as the student recreational sports account.


(d) A student recreational sports fee imposed under this section is not counted in determining the maximum student services fee which may be charged under Section 54.513 of this subchapter.


Added by Acts 1989, 71st Leg., ch. 883, Sec. 1, eff. June 14, 1989. Renumbered from Education Code Sec. 54.535 by Acts 1991, 72nd Leg., ch. 16, Sec. 19.01(26), eff. Aug. 26, 1991. Amended by Acts 1995, 74th Leg., ch. 757, Sec. 4, eff. June 16, 1995; Acts 2003, 78th Leg., ch. 598, Sec. 5, eff. June 20, 2003.


Sec. 54.5381. INTERCOLLEGIATE ATHLETICS FEE: CERTAIN INSTITUTIONS IN TEXAS STATE UNIVERSITY SYSTEM. (a) The board of regents of the Texas State University System may impose an intercollegiate athletics fee on each student enrolled at a component institution of the Texas State University System, other than Texas State University, in an amount not to exceed:


(1) $8.75 per semester credit hour for each regular semester unless increased as provided by Subsection (d); and


(2) $4.50 per semester credit hour for each summer session unless increased as provided by Subsection (d).


(b) The fee may not be imposed unless approved by a majority vote of the students of the applicable component institution who participate in a general student election held for that purpose.


(c) A fee imposed under this section may be used to develop and maintain an intercollegiate athletics program at the component institution.


(d) The amount of the fee may not be increased to an amount that exceeds by 10 percent or more the total amount of the fee as last approved by a student vote under Subsection (b) or this subsection unless the increase has been approved by a majority vote of the students enrolled at the component institution who participate in a general student election called for that purpose.


(e) A fee imposed under this section is in addition to any other fee authorized by law and may not be considered in determining the maximum amount of student services fees that may be imposed under Section 54.503.


Added by Acts 2007, 80th Leg., R.S., Ch. 1422 (S.B. 161), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 30 (S.B. 974), Sec. 4, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 5.0046, eff. September 1, 2015.


Sec. 54.5382. INTERCOLLEGIATE ATHLETICS FEE: TEXAS STATE UNIVERSITY. (a) The board of regents of the Texas State University System may impose an intercollegiate athletics fee on each student enrolled at Texas State University in an amount not to exceed:


(1) $8.75 per semester credit hour for each regular semester; and


(2) $4.50 per semester credit hour for each summer session.


(b) The fee may not be imposed unless approved by a majority vote of the students of the university who participate in a general student election held at the university for that purpose.


(c) A fee imposed under this section may be used to develop and maintain an intercollegiate athletics program at the university.


(d) Not more than once in an academic year, the board of regents may increase the amount of the fee authorized by this section by not more than five percent if the increase is approved by the student government of the university. An increase of more than five percent must be approved by a majority vote of the students of the university who participate in a general student election called for that purpose.


(e) A fee imposed under this section is in addition to any other fee authorized by law and may not be considered in determining the maximum amount of student services fees that may be imposed under Section 54.503.


(f) An intercollegiate athletics fee committee is established at the university to advise the board of regents and the administration of the university regarding the expenditure of revenue generated by the fees imposed under this section. The committee is composed of the following members:


(1) three students of the university appointed by the student government of the university;


(2) two students of the university who participate in intercollegiate athletics appointed by the student athlete advisory committee;


(3) the university's athletic director; and


(4) the university's assistant athletic director for business affairs.


(g) A student member of the intercollegiate athletics fee committee serves a one-year term. A student member of the committee who withdraws from the university must resign from the committee. A vacancy in an appointive position on the committee shall be filled for the unexpired portion of the term in the same manner as the original appointment.


(h) The intercollegiate athletics fee committee shall study the amounts of the fee imposed under this section and make recommendations to the appropriate administrators of the university regarding the expenditure of revenue generated by the fees imposed under this section.


(i) Before recommending the intercollegiate athletics fee budget to the board of regents each year, the president of the university shall consider the recommendations of the intercollegiate athletics fee committee. If the president's recommendations to the board are substantially different from the committee's recommendations, the president of the university shall notify the committee not later than the last date on which the committee may request an appearance at the meeting of the board of regents at which the intercollegiate athletics fee budget will be considered. On request of a member of the committee, the president shall provide the member with a written report of the president's recommendations to the board.


Added by Acts 2007, 80th Leg., R.S., Ch. 1422 (S.B. 161), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 30 (S.B. 974), Sec. 5, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 30 (S.B. 974), Sec. 6, eff. September 1, 2013.


Sec. 54.539. RECREATIONAL SPORTS FEE; THE TEXAS A&M UNIVERSITY SYSTEM. (a) If approved by student vote at an institution, the Board of Regents of The Texas A&M University System may charge students at a component institution of The Texas A&M University System a recreational sports fee not to exceed $175 for each regular semester and not to exceed $87.50 for each term of each summer session. The fee may be used only for financing, constructing, operating, maintaining, and improving new and existing recreational sports facilities and programs at the designated institution.


(b) The recreational sports fee may not be levied unless the levy of the fee has been approved by a majority vote of those students at the affected institution participating in a general student election called for that purpose.


(c) The amount of the fee authorized by this section may not be increased to an amount that exceeds by 10 percent or more the total amount of the fee that is in effect on September 1, 2007, or as last approved by a student vote under this subsection unless the increase has been approved by a majority vote of the students at the affected institution participating in a general election called for that purpose. The fee may not exceed the maximum amounts provided by Subsection (a).


(d) If, in an academic year, the total compulsory fee charged under this section is proposed to be increased by an amount less than an amount that would require a student election under Subsection (c), the board of regents of The Texas A&M University System may, in lieu of an election, hold a public meeting on the increase at which students have the opportunity to comment before the increase takes effect.


(e) Each university shall collect any student recreational sports fee imposed under this section and shall deposit the money collected in an account to be known as the student recreational sports account.


(f) A student recreational sports fee imposed under this section is not counted in determining the maximum student services fee which may be charged under Section 54.513 of this subchapter.


(g) The board may permit a person who is not enrolled at a system institution to use a facility paid for by student recreational sports fees if:


(1) the person's usage does not materially interfere with student demand or usage;


(2) the person is charged a fee that is not less than the student fee and is not less than the direct and indirect cost to the institution of providing for the person's usage; and


(3) the person's usage does not increase materially the potential liability of the institution.


(h) The president of each institution in the system shall establish a formal system for student input with respect to matters of construction and operation of a facility or program financed by a student recreational sports fee.


Added by Acts 1989, 71st Leg., ch. 871, Sec. 1, eff. June 14, 1989. Amended by Acts 1991, 72nd Leg., ch. 833, Sec. 1, eff. June 16, 1991. Renumbered from Education Code Sec. 54.534 by Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 8.01(7), eff. Nov. 12, 1991. Amended by Acts 2001, 77th Leg., ch. 825, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 1226 (H.B. 1102), Sec. 2, eff. June 18, 2005.


Acts 2007, 80th Leg., R.S., Ch. 1419 (H.B. 3114), Sec. 3, eff. June 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1425 (S.B. 1495), Sec. 3, eff. June 15, 2007.


Sec. 54.5391. INTERCOLLEGIATE ATHLETICS FEE; TEXAS A&M UNIVERSITY--CORPUS CHRISTI. (a) The board of regents of The Texas A&M University System may impose an intercollegiate athletics fee on each student enrolled at Texas A&M University--Corpus Christi. The fee may not be imposed unless approved by a majority vote of the students participating in a general student election held at the university for that purpose.


(b) The amount of the fee may not exceed $8 per semester credit hour for each semester or summer session, unless the amount is increased as provided by Subsection (c).


(c) The amount of the fee per semester credit hour may be increased from one academic year to the next only if approved by a majority vote of the students participating in a general student election held for that purpose or, if the amount of the increase does not exceed five percent, by a majority vote of the legislative body of the student government of the university.


(d) A student enrolled in more than 13 semester credit hours shall pay the fee in an amount equal to the amount imposed on a student enrolled in 13 semester credit hours during the same semester or session.


(e) A fee imposed under this section may be used to develop and maintain an intercollegiate athletics program at the university.


(f) A fee imposed under this section is in addition to any other fee authorized by law and may not be considered in determining the maximum amount of student services fees that may be imposed under Section 54.503(b).


(g) Expired.


Added by Acts 2003, 78th Leg., ch. 86, Sec. 1, eff. May 20, 2003.


Sec. 54.5392. INTERCOLLEGIATE ATHLETICS FEE; TEXAS A&M UNIVERSITY--KINGSVILLE. (a) The board of regents of The Texas A&M University System may impose an intercollegiate athletics fee on each student enrolled at Texas A&M University--Kingsville. The fee may not be imposed unless approved by a majority vote of the students participating in a general student election held at the university for that purpose.


(b) The amount of the fee may not exceed $12 per semester credit hour for each semester or summer session, unless the amount is increased as provided by Subsection (c).


(c) The amount of the fee per semester credit hour may be increased from one academic year to the next only if approved by a majority vote of the students participating in a general student election held for that purpose.


(d) A student enrolled in more than 13 semester credit hours shall pay the fee in an amount equal to the amount imposed on a student enrolled in 13 semester credit hours during the same semester or session.


(e) A fee imposed under this section may be used to develop and maintain an intercollegiate athletics program at the university.


(f) A fee imposed under this section is in addition to any other fee authorized by law and may not be considered in determining the maximum amount of student services fees that may be imposed under Section 54.503(b).


(g) Expired.


Added by Acts 2003, 78th Leg., ch. 290, Sec. 1, eff. June 18, 2003.


For expiration of this section, see Subsection (f).



Sec. 54.5393. INTERCOLLEGIATE ATHLETICS FEE: PRAIRIE VIEW A&M UNIVERSITY. (a) The board of regents of The Texas A&M University System may impose an intercollegiate athletics fee on each student enrolled at Prairie View A&M University in an amount not to exceed $12.60 per semester credit hour, unless the amount is increased as provided by Subsection (b).


(b) The amount of the fee per semester credit hour may be increased from one academic year to the next if:


(1) the increase is approved by a majority vote of the students participating in a general student election held at the university for that purpose; or


(2) the amount of the increase does not exceed five percent and is approved by a majority vote of the legislative body of the student government of the university.


(c) The fee may not be imposed unless approved by a majority vote of the students of the university participating in a general student election held for that purpose.


(d) A fee imposed under this section shall be used to develop and maintain an intercollegiate athletics program at the university.


(e) A fee imposed under this section is in addition to any other fee authorized by law and may not be considered in determining the maximum amount of student services fees that may be imposed under Section 54.503.


(f) This section expires September 1, 2018, except that this section does not expire if before the end of the 2017-2018 academic year the board of regents issues bonds that are payable wholly or partly from the fee. If the board of regents issues bonds as described by this subsection, the fee authorized by this section may not be imposed in any semester or session beginning after the date on which all of those bonds, including refunding bonds for the bonds, have been fully paid.


Added by Acts 2003, 78th Leg., ch. 1266, Sec. 6.01, eff. June 20, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 798 (S.B. 1334), Sec. 1, eff. June 19, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 1383 (S.B. 1145), Sec. 1, eff. June 14, 2013.


Sec. 54.5394. INTERCOLLEGIATE ATHLETICS FEE: TARLETON STATE UNIVERSITY. (a) The board of regents of The Texas A&M University System may impose an intercollegiate athletics fee on each student enrolled at Tarleton State University in an amount not to exceed $10 per semester credit hour.


(b) The amount of the fee imposed on a student in a semester or session may not exceed the amount of the fee imposed on a student enrolled in 13 semester credit hours during the same semester or session.


(c) The fee may not be imposed unless approved by a majority vote of the students of the university participating in a general student election held for that purpose.


(d) The amount of the fee per semester credit hour may be increased from one academic year to the next only if approved by a majority vote of the legislative body of the student government of the university. If the amount of the increase exceeds five percent, the increase must also be approved by a majority vote of the students of the university participating in a general student election held for that purpose.


(e) A fee imposed under this section may be used to develop and maintain an intercollegiate athletics program at the university.


(f) A fee imposed under this section is in addition to any other fee authorized by law and may not be considered in determining the maximum amount of student services fees that may be imposed under Section 54.503.


Added by Acts 2005, 79th Leg., Ch. 1226 (H.B. 1102), Sec. 3, eff. June 18, 2005.


Sec. 54.5395. INTERCOLLEGIATE ATHLETICS FEES; TEXAS A&M INTERNATIONAL UNIVERSITY. (a) The board of regents of The Texas A&M University System may impose an intercollegiate athletics fee on each student enrolled at Texas A&M International University. The fee may not be imposed unless approved by a majority vote of the students participating in a general student election held at the university for that purpose.


(b) The amount of the fee may not exceed $5 per semester credit hour for each regular semester or summer session, unless the amount is increased as provided by Subsection (c).


(c) The amount of the fee may not be increased to an amount that exceeds by 10 percent or more the total amount of the fee as last approved by a student vote under Subsection (a) or this subsection unless the increase has been approved by a majority vote of the students enrolled at the university who participate in a general student election held for that purpose.


(d) A student enrolled in more than 15 semester credit hours shall pay the fee in an amount equal to the amount imposed on a student enrolled in 15 semester credit hours during the same semester or session.


(e) A fee imposed under this section may be used to develop and maintain an intercollegiate athletics program at the university.


(f) A fee imposed under this section is in addition to any other fee authorized by law and may not be considered in determining the amount of student services fees that may be imposed under Section 54.503.


Added by Acts 2007, 80th Leg., R.S., Ch. 1419 (H.B. 3114), Sec. 4, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1425 (S.B. 1495), Sec. 4, eff. June 15, 2007.


Sec. 54.5396. INTERCOLLEGIATE ATHLETICS FEES; WEST TEXAS A&M UNIVERSITY. (a) The board of regents of The Texas A&M University System may impose an intercollegiate athletics fee on each student enrolled at West Texas A&M University. The fee may not be imposed unless approved by a majority vote of the students participating in a general student election held at the university for that purpose.


(b) The amount of the fee may not exceed $10 per semester credit hour for each regular semester or summer session, unless the amount is increased as provided by Subsection (c).


(c) The amount of the fee may not be increased to an amount that exceeds by 10 percent or more the total amount of the fee as last approved by a student vote under Subsection (a) or this subsection unless the increase has been approved by a majority vote of the students enrolled at the university who participate in a general student election held for that purpose.


(d) A student enrolled in more than 13 semester credit hours shall pay the fee in an amount equal to the amount imposed on a student enrolled in 13 semester credit hours during the same semester or session.


(e) A fee imposed under this section may be used to develop and maintain an intercollegiate athletics program at the university.


(f) A fee imposed under this section is in addition to any other fee authorized by law and may not be considered in determining the amount of student services fees that may be imposed under Section 54.503.


Added by Acts 2007, 80th Leg., R.S., Ch. 1419 (H.B. 3114), Sec. 4, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1425 (S.B. 1495), Sec. 4, eff. June 15, 2007.


Sec. 54.5397. INTERCOLLEGIATE ATHLETICS FEES; TEXAS A&M UNIVERSITY--COMMERCE. (a) The board of regents of The Texas A&M University System may impose an intercollegiate athletics fee on each student enrolled at Texas A&M University--Commerce. The fee may not be imposed unless approved by a majority vote of the students participating in a general student election held at the university for that purpose.


(b) The amount of the fee may not exceed $10 per semester credit hour for each regular semester or summer session, unless the amount is increased as provided by Subsection (c).


(c) The amount of the fee may not be increased to an amount that exceeds by 10 percent or more the total amount of the fee as last approved by a student vote under Subsection (a) or this subsection unless the increase has been approved by a majority vote of the students enrolled at the university who participate in a general student election held for that purpose.


(d) A student enrolled in more than 13 semester credit hours shall pay the fee in an amount equal to the amount imposed on a student enrolled in 13 semester credit hours during the same semester or session.


(e) A fee imposed under this section may be used to develop and maintain an intercollegiate athletics program at the university.


(f) A fee imposed under this section is in addition to any other fee authorized by law and may not be considered in determining the amount of student services fees that may be imposed under Section 54.503.


Added by Acts 2007, 80th Leg., R.S., Ch. 1419 (H.B. 3114), Sec. 4, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1425 (S.B. 1495), Sec. 4, eff. June 15, 2007.


Sec. 54.53971. INTERCOLLEGIATE ATHLETICS FEES; TEXAS A&M UNIVERSITY--SAN ANTONIO. (a) The board of regents of The Texas A&M University System may impose on each student enrolled at Texas A&M University--San Antonio an intercollegiate athletics fee in an amount not to exceed $10 per semester credit hour for each regular semester or summer session unless the amount of the fee is increased as provided by Subsection (c).


(b) The fee may not be imposed unless approved by a majority vote of the students of the university who participate in a general student election held for that purpose.


(c) The amount of the fee per semester credit hour may be increased from one academic year to the next only if approved by a majority vote of the students participating in a general student election held for that purpose or, if the amount of the increase does not exceed five percent, by a majority vote of the legislative body of the student government of the university.


(d) A student enrolled in more than 12 semester credit hours shall pay the fee in an amount equal to the amount imposed on a student enrolled in 12 semester credit hours during the same semester or session.


(e) A fee imposed under this section may be used to develop and maintain an intercollegiate athletics program at the university.


(f) A fee imposed under this section is in addition to any other fee authorized by law and may not be considered in determining the amount of student services fees that may be imposed under Section 54.503.


Added by Acts 2019, 86th Leg., R.S., Ch. 238 (H.B. 1439), Sec. 1, eff. May 27, 2019.


Sec. 54.53975. INTERCOLLEGIATE ATHLETICS FEES; TEXAS A&M UNIVERSITY--TEXARKANA. (a) The board of regents of The Texas A&M University System may impose on each student enrolled at Texas A&M University--Texarkana an intercollegiate athletics fee in an amount not to exceed $9 per semester credit hour for each regular semester or summer session unless the amount of the fee is increased as provided by Subsection (c).


(b) The fee may not be imposed unless approved by a majority vote of the students of the university who participate in a general student election held for that purpose.


(c) The amount of the fee per semester credit hour may be increased from one academic year to the next only if approved by a majority vote of the students participating in a general student election held for that purpose or, if the amount of the increase does not exceed five percent, by a majority vote of the legislative body of the student government of the university.


(d) A student enrolled in more than 12 semester credit hours shall pay the fee in an amount equal to the amount imposed on a student enrolled in 12 semester credit hours during the same semester or session.


(e) A fee imposed under this section may be used to develop and maintain an intercollegiate athletics program at the university.


(f) A fee imposed under this section is in addition to any other fee authorized by law and may not be considered in determining the amount of student services fees that may be imposed under Section 54.503.


(g) The fee may not be charged after the fifth academic year in which the fee is first charged unless, before the end of that academic year, the university has issued bonds payable in whole or in part from the fee, in which event the fee may not be charged after the academic year in which all such bonds, including refunding bonds for those bonds, have been fully paid.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1382 (S.B. 691), Sec. 1, eff. June 14, 2013.


Sec. 54.5398. STUDENT ENDOWMENT FUND FEE; TEXAS A&M UNIVERSITY--CORPUS CHRISTI. (a) The board of regents of The Texas A&M University System may impose a student endowment fund fee on each student enrolled at Texas A&M University--Corpus Christi. The fee may not be imposed unless approved by a majority vote of the students participating in a general student election held at the university under Section 56.243.


(b) The amount of the fee may not exceed $1 per semester credit hour for each regular semester or summer session, unless the amount is increased as provided by Subsection (c).


(c) The amount of the fee may not be increased by more than 10 percent unless the increase has been approved by a majority vote of the students enrolled at the university who participate in a general student election called for that purpose.


(d) A fee imposed under this section must be used to establish a student endowment fund under Section 56.247.


(e) A fee imposed under this section is in addition to any other fee authorized by law and may not be considered in determining the maximum amount of student services fees that may be imposed under Section 54.503(b).


Added by Acts 2007, 80th Leg., R.S., Ch. 555 (S.B. 1417), Sec. 1, eff. September 1, 2007.


Renumbered from Education Code, Section 54.5395 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(9), eff. September 1, 2009.


Sec. 54.540. STUDENT CENTER FEE, UNIVERSITY OF HOUSTON-CLEAR LAKE. (a) The Board of Regents of the University of Houston System may levy and collect a student center fee, not to exceed $40 per student for each regular semester and not to exceed $20 per student for each term of the summer session for the sole purpose of financing, constructing, operating, maintaining, and improving a student center for the University of Houston-Clear Lake. The fees herein authorized to be levied are in addition to any use or service fee now or hereafter authorized to be levied. The student center fee initially levied shall be in an amount approved by a majority vote of the students voting in an election called for that purpose.


(b) The student center fees shall be deposited to an account known as The University of Houston-Clear Lake Student Center Fee Account and shall be placed under the control of and subject to the order of the University Life Council. The council shall annually submit to the board of regents a complete and itemized budget, a recommended fee level, and a complete report of all activities conducted during the past year and all expenditures made incident thereto. The board of regents shall make such changes in the budget as it deems necessary before approving the budget.


(c) The board of regents may increase the student center fee levied under this section. However, if the increase is more than 10 percent above the previous fiscal year's fee, it must be approved by a majority of students voting in an election called for that purpose.


Added by Acts 1991, 72nd Leg., ch. 848, Sec. 4, eff. Aug. 26, 1991. Renumbered from Education Code Sec. 54.537 by Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 8.01(8), eff. Nov. 12, 1991.


Sec. 54.5401. RECREATION AND WELLNESS FACILITY FEE; UNIVERSITY OF HOUSTON-CLEAR LAKE. (a) The board of regents of the University of Houston System may charge each student enrolled at the University of Houston-Clear Lake a recreation and wellness facility fee. The fee may be used only for the purpose of financing, constructing, operating, maintaining, improving, and equipping a recreation and wellness facility and for operating recreation and wellness programs at the University of Houston-Clear Lake.


(b) The recreation and wellness facility fee may not be charged unless the charging of the fee is approved by a majority vote of the students enrolled at the university participating in a general student election held for that purpose.


(c) The amount of a fee charged under this section may not exceed:


(1) $150 per student for each regular semester;


(2) $75 per student for each summer session of eight weeks or longer; or


(3) $50 per student for each term of the summer session of less than eight weeks.


(d) Revenue from a fee charged under this section shall be deposited to the credit of an account known as the University of Houston-Clear Lake Recreation and Wellness Facility Fee Account.


(e) The board of regents may increase the amount of a fee charged under this section, except that the board may not increase the amount of the fee to an amount that exceeds by more than 10 percent the amount of the fee charged during the preceding academic year unless the amount of the increase is approved by a majority vote of students enrolled at the university participating in a general student election held for that purpose.


(f) The recreation and wellness facility fee is not considered in determining the maximum amount of student services fees that may be charged under Section 54.503.


Added by Acts 2015, 84th Leg., R.S., Ch. 659 (H.B. 2921), Sec. 1, eff. June 17, 2015.


Sec. 54.5402. WELLNESS AND SUCCESS CENTER FEE; UNIVERSITY OF HOUSTON-DOWNTOWN. (a) The board of regents of the University of Houston System may charge each student enrolled at the University of Houston-Downtown a wellness and success center fee. The fee may be used only for the purpose of financing, constructing, operating, maintaining, improving, and equipping a wellness and success center and for operating student wellness programs at the University of Houston-Downtown.


(b) The wellness and success center fee may not be charged unless the charging of the fee is approved by a majority vote of the students enrolled at the university participating in a general student election held for that purpose.


(c) The amount of a fee charged under this section may not exceed:


(1) $150 per student for each regular semester;


(2) $75 per student for each summer session of eight weeks or longer; or


(3) $50 per student for each term of the summer session of less than eight weeks.


(d) Revenue from a fee charged under this section shall be deposited to the credit of an account known as the University of Houston-Downtown Wellness and Success Center Fee Account.


(e) The board of regents may increase the amount of a fee charged under this section, except that the board may not increase the amount of the fee to an amount that exceeds by more than 10 percent the amount of the fee charged during the preceding academic year unless the amount of the increase is approved by a majority vote of students enrolled at the university participating in a general student election held for that purpose. The ballot proposition for such an election must clearly state the amount of the proposed fee increase and describe the reason for the proposed fee increase.


(f) The wellness and success center fee is not considered in determining the maximum amount of student services fees that may be charged under Section 54.503.


Added by Acts 2019, 86th Leg., R.S., Ch. 1064 (H.B. 1277), Sec. 1, eff. June 14, 2019.


Sec. 54.5405. STUDENT CENTER FEE; UNIVERSITY OF HOUSTON-VICTORIA. (a) The board of regents of the University of Houston System may impose on each student enrolled at the University of Houston-Victoria a student center fee to be used only for the purpose of financing, constructing, operating, maintaining, improving, and equipping a student center at the university. A fee imposed under this section is in addition to any use or service fee authorized to be imposed under other law.


(b) The amount of the initial fee imposed under this section must be approved by a majority vote of the students enrolled at the university participating in a general student election held for that purpose.


(c) The amount of a fee imposed under this section may not exceed:


(1) $150 per student for each regular semester;


(2) $100 per student for each summer session of 10 weeks or longer; or


(3) $50 per student for each summer session of less than 10 weeks.


(d) Revenue from a fee imposed under this section shall be deposited to the credit of an account known as the "University of Houston-Victoria Student Center Fee Account" under the control of the university's student fee advisory committee. Annually, the committee shall submit to the president of the university its recommendation for any change to the amount of the fee and a complete and itemized budget for the student center together with a complete report of all student center activities conducted during the past year and all expenditures made in connection with those activities. The president shall submit the budget to the board of regents as part of the university's institutional budget. The board of regents may make changes in the budget that the board determines are necessary.


(e) The board of regents may increase the amount of a fee imposed under this section, except that the board may not increase the amount of the fee to an amount that exceeds by more than 10 percent the amount of the fee imposed during the preceding academic year unless the amount of the increase is approved by a majority vote of students enrolled at the university participating in a general student election held for that purpose.


(f) For purposes of determining whether to waive the imposition of the fee as provided under Section 54.5035, a student is not reasonably able to use the student center for which a fee is imposed under this section if the student lives more than 50 miles outside the corporate limits of Victoria, Texas.


Added by Acts 2015, 84th Leg., R.S., Ch. 657 (H.B. 2568), Sec. 1, eff. June 17, 2015.


Sec. 54.5406. HEALTH AND WELLNESS CENTER FEE; UNIVERSITY OF HOUSTON-VICTORIA. (a) The board of regents of the University of Houston System may charge each student enrolled at the University of Houston-Victoria a health and wellness center fee. The fee may be used only for the purpose of financing, constructing, operating, maintaining, improving, and equipping a health and wellness center at the University of Houston-Victoria. A fee charged under this section is in addition to any use or service fee authorized to be charged under other law.


(b) The health and wellness center fee may not be charged unless the charging of the fee is approved by a majority vote of the students enrolled at the university participating in a general student election held for that purpose.


(c) The amount of a fee charged under this section may not exceed:


(1) $150 per student for each regular semester;


(2) $100 per student for each summer session of 10 weeks or longer; or


(3) $50 per student for each summer session of less than 10 weeks.


(d) Revenue from a fee charged under this section shall be deposited to the credit of an account known as the University of Houston-Victoria Health and Wellness Center Fee Account under the control of the university's student fee advisory committee. Annually, the committee shall submit to the president of the university its recommendation for any change to the amount of the fee and a complete and itemized budget for the health and wellness center together with a complete report of all health and wellness center activities conducted during the past year and all expenditures made in connection with those activities. The president shall submit the budget to the board of regents as part of the university's institutional budget. The board of regents may make changes in the budget that the board determines are necessary.


(e) The board of regents may increase the amount of a fee charged under this section, except that a fee increase by 10 percent or more of the amount of the fee charged during the preceding academic year must be approved by a majority vote of students enrolled at the university participating in a general student election held for that purpose. The ballot proposition for an election under this subsection must clearly state the amount of the proposed fee increase and describe the reason for the proposed fee increase.


(f) The health and wellness center fee is not considered in determining the maximum amount of student services fees that may be charged under Section 54.503.


(g) For purposes of determining whether to waive the imposition of the fee as provided under Section 54.5035, a student is not reasonably able to use the health and wellness center for which a fee is imposed under this section if the student lives more than 50 miles outside the corporate limits of Victoria, Texas.


Added by Acts 2019, 86th Leg., R.S., Ch. 1171 (H.B. 3312), Sec. 1, eff. June 14, 2019.


Sec. 54.541. RECREATIONAL FACILITY FEE; THE UNIVERSITY OF TEXAS AT EL PASO. (a) The board of regents of The University of Texas System may charge each student enrolled at The University of Texas at El Paso a recreational facility fee. The fee may be used only for financing, constructing, operating, maintaining, and improving new and existing recreational sports facilities and programs at The University of Texas at El Paso.


(a-1) A fee imposed under this section may not exceed:


(1) $70 per student for a term or semester of 10 weeks or longer; or


(2) $50 per student for any other term or semester.


(a-2) Expired.


(b) The board of regents is authorized to pledge the fees levied under this section for the payment of obligations issued for authorized purposes pursuant to the revenue financing system of The University of Texas System.


(c) The recreational facility fee may not be increased unless the amount of the increase is approved by a majority vote of those students participating in a general student election called at The University of Texas at El Paso for that purpose.


(d) The University of Texas at El Paso shall collect the recreational facility fee and deposit the money collected in an account to be known as The University of Texas at El Paso recreational facility account.


(e) The recreational facility fee is not counted in determining the maximum amount of student services fees which may be charged under Section 54.503 of this code, as amended.


Added by Acts 1993, 73rd Leg., ch. 58, Sec. 1, eff. April 29, 1993.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 639 (H.B. 868), Sec. 1, eff. June 15, 2007.


Sec. 54.542. STUDENT UNION BUILDING FEE; THE UNIVERSITY OF TEXAS-PAN AMERICAN. (a) Except as provided by Subsection (c) of this section, the board of regents of The University of Texas System may levy a student union fee, not to exceed $30 for each student for each regular semester or $15 for each student for each term of the summer session, for the sole purpose of financing, constructing, operating, maintaining, and improving a student union building for The University of Texas-Pan American.


(b) The board of regents may pledge the fees levied under this section to pay obligations issued pursuant to the revenue financing system of The University of Texas System.


(c) A student union fee levied under this section may not be levied or increased unless the levy or increase is approved by a majority vote of those students participating in a general election held for that purpose.


(d) Student union fees levied under this section are in addition to any other fee the board of regents is authorized by law to charge and may not be considered in determining the maximum student services fee that may be charged under Section 54.503(b) of this code.


(e) The board shall deposit student union fees levied under this section to the credit of an account known as The University of Texas-Pan American Student Union Fee Account.


(f) Notwithstanding Section 51.002 of this code, student union fees levied under this section are under the control of the Student Union Advisory Committee. The committee annually shall submit to the president of The University of Texas-Pan American a complete and itemized budget with a complete report of all activities conducted during the past year and all expenditures made in connection with those activities. The president shall submit the budget to the board of regents as part of the institutional budget. Before approving the budget, the board of regents may make changes in the budget that the board determines are necessary. After approving the budget, the board, in accordance with this section, may levy the student union fees for that year in amounts sufficient to meet the budgetary needs of the student union building.


Added by Acts 1993, 73rd Leg., ch. 341, Sec. 1, eff. Aug. 30, 1993. Renumbered from Education Code Sec. 54.541 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(8), eff. Sept. 1, 1995.


Sec. 54.5421. SPORTS RECREATION AND WELLNESS FACILITY FEE; THE UNIVERSITY OF TEXAS--PAN AMERICAN. (a) The board of regents of The University of Texas System may charge each student enrolled at The University of Texas--Pan American a sports recreation and wellness facility fee to finance, construct, operate, maintain, or improve sports recreation and wellness programs and facilities at the university. The amount of the fee may not exceed $75 for each semester of the regular term or for each summer session.


(b) The fee may not be imposed unless the fee is approved by a majority vote of those students voting in a general student election called for that purpose.


(c) The board may not increase the amount of the fee from one academic year to the next unless the amount of the increase is approved by a majority vote of those students voting in a general student election called for that purpose.


(d) The board shall deposit the revenue from the fee in an account known as The University of Texas--Pan American sports recreation and wellness facility account.


(e) The board may pledge revenue from the fee to pay obligations issued pursuant to the revenue financing system of The University of Texas System.


(f) A fee imposed under this section may not be considered in determining the maximum amount of student services fees that may be charged under Section 54.503.


(g) The board may permit a person who is not enrolled at The University of Texas--Pan American to use a facility financed with revenue from a fee imposed under this section if:


(1) the person's use of the facility will not materially interfere with student demand or use;


(2) the person is charged a fee that is not less than the student fee and that is not less than the direct and indirect cost to the university of providing for the person's use; and


(3) the person's use will not materially increase the potential liability of the university.


Added by Acts 2005, 79th Leg., Ch. 483 (H.B. 258), Sec. 1, eff. June 17, 2005.


Sec. 54.543. RECREATIONAL FACILITY FEE; THE UNIVERSITY OF TEXAS AT SAN ANTONIO. (a) The board of regents of The University of Texas System may charge each student enrolled at The University of Texas at San Antonio a recreational facility fee not to exceed:


(1) $150 for a term or semester of more than six weeks; or


(2) $75 for a term or semester of six weeks or less.


(a-1) The recreational facility fee may be used only to finance, construct, operate, maintain, or improve student recreational facilities at the university.


(b) The board of regents may pledge the fees charged under this section to pay obligations issued pursuant to the revenue financing system of The University of Texas System.


(c) The recreational facility fee may not be charged unless the charging of the fee is approved by a majority vote of those students participating in a general student election called for that purpose.


(d) If approved in accordance with this section, the board of regents shall collect the recreational facility fees and deposit the fees in an account known as the recreational facility account.


(e) A recreational facility fee charged under this section may not be counted in determining the maximum amount of student services fees that may be charged under Section 54.503(b) of this code.


(f) The board of regents may permit a person who is not enrolled at The University of Texas at San Antonio to use a facility financed with recreational facility fees if:


(1) the person's use of the facility will not materially interfere with student demand or use;


(2) the person is charged a fee that is not less than the student fee and that is not less than the direct and indirect cost to the university of providing for the person's use; and


(3) the person's use will not materially increase the potential liability of the university.


(g) The board may not increase the amount of the recreational facility fee in any academic year unless the amount of the increase is approved by a majority vote of the students participating in a general student election held for that purpose.


Added by Acts 1993, 73rd Leg., ch. 894, Sec. 1, eff. Aug. 30, 1993. Renumbered from Education Code Sec. 54.541 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(9), eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 575, Sec. 2, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 1285 (H.B. 2441), Sec. 1, eff. June 18, 2005.


Sec. 54.544. RECREATIONAL FACILITY FEE; THE UNIVERSITY OF TEXAS AT DALLAS. (a) The board of regents of The University of Texas System may charge each student enrolled at The University of Texas at Dallas a recreational facility fee to finance, construct, equip, operate, maintain, or improve student recreational facilities or programs at the university.


(b) A recreational facility fee may not exceed:


(1) $65 for each student for a semester of the regular term or a summer session of 12 weeks or longer; and


(2) $43.33 for each student for a summer session of less than 12 weeks.


(b-1), (b-2) Expired.


(c) A recreational facility fee may not be charged or increased unless charging or increasing the fee is approved by a majority vote of the students participating in a general student election called for that purpose.


(d) The board of regents shall collect a fee charged under this section and deposit the fee in an account known as the recreational facility account.


(e) The board of regents may pledge a fee charged under this section to pay an obligation issued under the revenue financing system of The University of Texas System.


(f) A fee charged under this section may not be counted in determining the maximum amount of student services fees that may be charged under Section 54.503(b).


(g) A recreational facility fee may not be collected after the 20th anniversary of the date it is first collected or after all bonded indebtedness for the recreational facility for which the fee receipts are pledged is paid, whichever is later.


Added by Acts 1995, 74th Leg., ch. 757, Sec. 6, eff. June 16, 1995. Amended by Acts 2003, 78th Leg., ch. 669, Sec. 1, eff. June 20, 2003.


Sec. 54.5441. STUDENT RECREATIONAL AND HEALTH FACILITIES FEE; MIDWESTERN STATE UNIVERSITY. (a) The board of regents of Midwestern State University may charge each student enrolled at the university a recreational and health facilities fee not to exceed $130 per semester or summer session of longer than six weeks or $65 per summer session of six weeks or less. The fee may be used to finance, construct, operate, renovate, or maintain recreational and wellness facilities and programs at the university.


(b) The recreational and health facilities fee authorized by this section may not be increased more than 10 percent from one academic year to the next unless the increase has been approved by a majority vote of those students participating in a general student election called for that purpose. The fee may not exceed the amounts provided by Subsection (a).


(c) The chief fiscal officer of the university shall collect any recreational and health facilities fee imposed under this section and shall deposit the money collected in an account to be known as the student recreational and health facilities account.


(d) A recreational and health facilities fee imposed under this section is not counted in determining the maximum student services fee that may be charged under Section 54.503.


Added by Acts 2005, 79th Leg., Ch. 616 (H.B. 2272), Sec. 1, eff. June 17, 2005.


Sec. 54.5442. INTERCOLLEGIATE ATHLETICS FEE; MIDWESTERN STATE UNIVERSITY. (a) The board of regents of Midwestern State University may charge each student enrolled at the university an intercollegiate athletics fee in an amount that, except as authorized under Subsection (d), may not exceed:


(1) the lesser of $10 per semester credit hour or $120 for each regular semester or each summer session of more than six weeks; or


(2) $60 for each summer session of six weeks or less.


(b) The fee may not be charged unless approved by a majority vote of the students enrolled at the university who participate in a general student election held for that purpose.


(c) The fee may be used only to develop and maintain an intercollegiate athletics program at the university.


(d) The board of regents may increase the amount of the fee for a semester or summer session in excess of the applicable amount provided by Subsection (a) if the increase:


(1) is approved by a majority vote of the students enrolled at the university who participate in a general student election called for that purpose; or


(2) does not exceed 10 percent of the amount of the fee charged for the same semester or summer session in the preceding academic year.


(e) The chief fiscal officer of the university shall collect the fee and shall deposit the revenue from the fee in an account to be known as the Midwestern State University intercollegiate athletics fee account.


(f) The fee is not considered in determining the maximum amount of student services fees that may be charged under Section 54.503.


(g) A fee may not be charged after the fifth academic year in which the fee is first charged unless, before the end of that academic year, the institution of higher education has issued bonds payable from the fee, in which event the fee may not be charged after the academic year in which all such bonds, including refunding bonds for those bonds, have been fully paid.


Added by Acts 2009, 81st Leg., R.S., Ch. 202 (S.B. 256), Sec. 1, eff. May 27, 2009.


Sec. 54.545. FEES FOR CONTINUING EDUCATION COURSES. (a) The governing board of an institution of higher education shall charge a reasonable fee to each person registered in a continuing education course at the institution. The board shall set the fee in an amount sufficient to permit the institution to recover the costs to the institution of providing the course.


(b) This section applies only to a course for which an institution does not collect tuition or receive formula funding, including an extension course, correspondence course, or other self-supporting course.


(c) Subchapters B and D do not apply to a fee charged under this section, except to a fee for a correspondence course taken by a student who would qualify for an exemption from tuition under Section 54.341 if the correspondence course applies towards the student's degree plan. The governing board of an institution of higher education may grant an exemption provided by Section 54.341 for continuing education courses.


Added by Acts 1995, 74th Leg., ch. 757, Sec. 5, eff. June 16, 1995. Amended by Acts 1997, 75th Leg., ch. 1404, Sec. 1, eff. Sept. 1, 1997.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 4, eff. January 1, 2012.


Sec. 54.546. STUDENT UNION FEES; THE UNIVERSITY OF TEXAS AT BROWNSVILLE. (a) The board of regents of The University of Texas System may impose on each student enrolled at The University of Texas at Brownsville a student union fee of not less than $34.35 or more than $70 for each semester or long summer session for the sole purpose of financing, constructing, operating, maintaining, renovating, and improving a student union building owned by Texas Southmost College and used by the partnership of The University of Texas at Brownsville and Texas Southmost College under Section 78.02. The fee may be imposed in addition to any other fee.


(b) Revenue from the fee imposed under this section shall be deposited to an account known as The University of Texas at Brownsville student union account. Money in the account shall be used in accordance with the terms of the partnership agreements entered into between The University of Texas at Brownsville and Texas Southmost College under Section 78.02.


(c) The board of trustees of the Southmost Union Junior College District may pledge revenue from a fee imposed under this section, whether received directly from a student or from The University of Texas at Brownsville, under the terms of the partnership agreement between The University of Texas at Brownsville and Texas Southmost College, for the payment of obligations issued by the Southmost Union Junior College District to finance the construction, operation, maintenance, renovation, and improvement of a student union building to be owned by Texas Southmost College and used by the two institutions under the partnership. If the fee imposed under this section is pledged to the payment of obligations issued by Southmost Union Junior College District, the board of regents of The University of Texas System may not pledge revenue from the fee for the payment of obligations issued for an authorized purpose under the revenue financing system of The University of Texas System.


(d) The board may not increase the amount of the fee by more than 10 percent in any academic year unless the amount of the increase is approved by a majority of the students voting in an election held for that purpose and by a majority of the members of the legislative body of the student government of the institution.


(e) Subject to the limitations of this section on the amount of the fee and any increase in the amount of the fee, the fee imposed under this section must be in the same amount as the student union fee charged a student at Texas Southmost College by the board of trustees of Southmost Union Junior College District. A student attending either or both institutions may be charged a student union fee by only one of the institutions.


Added by Acts 1999, 76th Leg., ch. 113, Sec. 1, eff. May 17, 1999.


Sec. 54.550. WELLNESS, RECREATIONAL, AND FITNESS COMPLEX FEE; THE UNIVERSITY OF TEXAS AT BROWNSVILLE. (a) The board of regents of The University of Texas System may charge each student enrolled at The University of Texas at Brownsville a wellness, recreational, and fitness complex fee. The amount of the fee may not exceed $79 per student for each regular semester and $39.50 per student for each term of the summer session.


(b) The board may:


(1) use revenue from the fee only to finance, construct, operate, maintain, renovate, or improve a wellness, recreational, and fitness complex owned by Texas Southmost College and used by the partnership of The University of Texas at Brownsville and Texas Southmost College under Section 78.02; and


(2) pledge revenue from the fee to pay an obligation issued for a purpose authorized by Subdivision (1) under the revenue financing system of The University of Texas System.


(c) The board shall deposit revenue from the fee to the credit of an account known as The University of Texas at Brownsville wellness, recreational, and fitness complex fee account. Money in the account shall be used in accordance with the terms of the partnership agreements entered into between The University of Texas at Brownsville and Texas Southmost College under Section 78.02.


(d) The board may not increase the amount of the fee by more than 10 percent in any academic year unless the amount of the increase is approved by:


(1) a majority vote of the students participating in a general student election held at the institution for that purpose; and


(2) a majority of the members of the legislative body of the student government of the institution.


(e) A fee charged under this section is in addition to any other fee the board is authorized by law to charge.


(f) Subject to the limitations of this section on the amount of the fee and any increase in the amount of the fee, the fee charged under this section must be in the same amount as the wellness, recreational, and fitness complex fee charged a student at Texas Southmost College by the board of trustees of Southmost Union Junior College District. A student attending either or both institutions may be charged a wellness, recreational, and fitness complex fee by only one of the institutions.


(g) The board of trustees of the Southmost Union Junior College District may pledge revenue from a fee imposed under this section, whether received directly from a student or from The University of Texas at Brownsville, under terms of the partnership agreement between The University of Texas at Brownsville and Texas Southmost College, for the payment of obligations issued by the Southmost Union Junior College District to finance the construction, operation, maintenance, renovation, and improvement of a wellness, recreational, and fitness complex owned by Texas Southmost College and used by the two institutions under the partnership. If the fee imposed under this section is pledged to the payment of obligations issued by Southmost Union Junior College District, the board of regents of The University of Texas System may not pledge revenue from the fee for the payment of obligations issued for an authorized purpose under the revenue financing system of The University of Texas System.


Added by Acts 2005, 79th Leg., Ch. 1223 (H.B. 1063), Sec. 1, eff. June 18, 2005.


Sec. 54.551. INTERCOLLEGIATE ATHLETICS FEE; THE UNIVERSITY OF TEXAS AT BROWNSVILLE. (a) The board of regents of The University of Texas System may impose on each student enrolled at The University of Texas at Brownsville an intercollegiate athletics fee in an amount not to exceed $7 per semester credit hour.


(b) The board shall deposit revenue from the fee to the credit of an account known as The University of Texas at Brownsville intercollegiate athletics fee account. Money in the account shall be used in accordance with the terms of the partnership agreements entered into between The University of Texas at Brownsville and Texas Southmost College under Section 78.02.


(c) The fee may not be imposed unless approved by a majority vote of the students of the university who participate in a general student election held for that purpose.


(d) The amount of the fee may not be increased to an amount that exceeds by 10 percent or more the total amount of the fee as last approved by a student vote under Subsection (c) or this subsection unless the increase has been approved by a majority vote of the students enrolled at the university who participate in a general student election held for that purpose.


(e) A fee imposed under this section is in addition to any other fee the board is authorized by law to impose.


(f) Subject to the limitations of this section on the amount of the fee and any increase in the amount of the fee, the fee imposed under this section must be in the same amount as the intercollegiate athletics fee charged a student at Texas Southmost College by the board of trustees of Southmost Union Junior College District. A student attending either or both institutions may be charged an intercollegiate athletics fee by only one of the institutions.


(g) The board may not impose the fee authorized by this section on a student who is enrolled solely in online courses at the university.


(h) Expired.


Added by Acts 2007, 80th Leg., R.S., Ch. 137 (H.B. 1505), Sec. 1, eff. May 18, 2007.


SUBCHAPTER F. PREPAID HIGHER EDUCATION TUITION PROGRAM



Sec. 54.6001. PUBLIC PURPOSE. An educated population being necessary to the social development and economic health of this state, the legislature finds and declares it to be an urgent public necessity to assist young Texans in obtaining a higher education. Because the state's population is rapidly growing and is diverse, the state is required to use all of the higher education facilities and resources within the state, both public and private, to provide a wide variety of educational environments and instructional options and to preserve the partnership between the state and private or independent institutions of higher education and between the state and career schools and colleges, as defined by Section 132.001, that offer a two-year associate degree as approved by the Texas Higher Education Coordinating Board. Therefore, the prepaid higher education tuition program is established to help Texas students attend the institution that best meets their individual needs.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1181, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 364, Sec. 2.03, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 817, Sec. 8.18, eff. Sept. 1, 2003.


Sec. 54.601. DEFINITIONS. In this subchapter:


(1) "Beneficiary" means a person who is entitled to receive benefits under a prepaid tuition contract.


(2) "Board" means the Prepaid Higher Education Tuition Board.


(3) "Estimated average private tuition and required fees" means an estimated average of tuition and required fees to be charged by private or independent institutions of higher education as determined annually by the board.


(4) "Fund" means the Texas tomorrow constitutional trust fund.


(5) "Institution of higher education" has the meaning assigned by Section 61.003.


(6) "Prepaid tuition contract" means a contract entered into under this subchapter by the board and a purchaser to provide for the payment of higher education tuition and required fees of a beneficiary.


(7) "Private or independent institution of higher education" has the meaning assigned by Section 61.003.


(8) "Program" means the prepaid higher education tuition program.


(9) "Career school or college" means a career school or college, as defined by Section 132.001, that offers a two-year associate degree as approved by the Texas Higher Education Coordinating Board.


(10) "Public junior college" has the meaning assigned by Section 61.003.


(11) "Public senior college or university" has the meaning assigned by Section 61.003.


(12) "Purchaser" means a person who is obligated to make payments under a prepaid tuition contract.


(13) "Account" means the Texas college savings plan account.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1181, Sec. 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1250, Sec. 2, eff. June 15, 2001; Acts 2003, 78th Leg., ch. 364, Sec. 2.04, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 817, Sec. 8.19, eff. Sept. 1, 2003.


Sec. 54.602. ESTABLISHMENT OF BOARD; FUNCTION. (a) The Prepaid Higher Education Tuition Board is in the office of the comptroller.


(b) The board shall administer the following programs:


(1) the prepaid higher education tuition program established under this subchapter;


(2) the higher education savings plan established under Subchapter G;


(3) the prepaid tuition unit undergraduate education program established under Subchapter H;


(4) the Texas Save and Match Program established under Subchapter I; and


(5) the Texas Achieving a Better Life Experience Program established under Subchapter J.


(c) Unless otherwise specified, the provisions of this subchapter concerning the following requirements applicable to the board under this subchapter also apply to the board for purposes of Subchapters G, H, I, and J of this chapter:


(1) membership;


(2) appointments of members;


(3) removal of members;


(4) ethics policy;


(5) training;


(6) board officers;


(7) compensation;


(8) meetings;


(9) public interest information and complaints;


(10) use of technology;


(11) program and facility accessibility;


(12) executive director; and


(13) staff.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1250, Sec. 3, eff. June 15, 2001.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 1, eff. June 19, 2015.


Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 1, eff. June 10, 2019.


Sec. 54.603. SUNSET PROVISION. The Prepaid Higher Education Tuition Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and the programs established under this subchapter and under Subchapters G and H terminate September 1, 2021.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1250, Sec. 4, eff. June 15, 2001.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 1, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 560 (S.B. 1941), Sec. 1, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 5.02, eff. June 17, 2011.


Sec. 54.604. TERMINATION OR MODIFICATION OF PROGRAM. If the comptroller determines the program is financially infeasible, the comptroller shall notify the governor and the legislature and recommend that the program be modified or terminated.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.605. EFFECT OF TERMINATION OF PROGRAM ON CONTRACT. (a) A prepaid tuition contract remains in effect after the program is terminated if, when the program is terminated, the beneficiary:


(1) has been accepted by or is enrolled in an institution of higher education, a private or independent institution of higher education, or a career school or college; or


(2) is projected to graduate from high school not later than the third anniversary of the date the program is terminated.


(b) A prepaid tuition contract terminates when the program is terminated if the contract does not remain in effect under Subsection (a).


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1181, Sec. 3, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 364, Sec. 2.05, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 817, Sec. 8.20, eff. Sept. 1, 2003.


Sec. 54.606. MEMBERS OF BOARD; APPOINTMENT; TERMS OF OFFICE. (a) The board consists of:


(1) the comptroller;


(2) two members appointed by the governor with the advice and consent of the senate; and


(3) four members appointed by the lieutenant governor, at least two of whom must be appointed from a list of persons recommended by the speaker of the house of representatives.


(b) The appointed members must possess knowledge, skill, and experience in higher education, business, or finance.


(c) The appointed members serve for staggered six-year terms. The terms of one-third of the appointed members expire on February 1 of each odd-numbered year.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.607. DUTY IN RECOMMENDING, MAKING, OR CONFIRMING APPOINTMENTS. (a) In recommending, making, or confirming appointments to the board, the governor, lieutenant governor, speaker of the house of representatives, and senate shall ensure that each appointee has the background and experience suitable for performing the statutory responsibilities of a member of the board.


(b) Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.608. RESTRICTIONS ON BOARD APPOINTMENT, MEMBERSHIP, AND EMPLOYMENT. (a) A person is not eligible for appointment as a member of the board if the person or the person's spouse:


(1) is employed by or participates in the management of a business entity receiving funds from the board;


(2) owns or controls, directly or indirectly, more than a 10-percent interest in a business entity receiving funds from the board; or


(3) uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.


(b) A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:


(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of higher education, banking, securities, or investments; or


(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of higher education, banking, securities, or investments.


(d) A person may not serve as a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.


(e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1054, Sec. 12, eff. June 15, 2007.


(f) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 2, eff. June 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 12, eff. June 15, 2007.


Sec. 54.6085. PREPAID HIGHER EDUCATION TUITION BOARD ETHICS POLICY. (a) In addition to any other requirements provided by law, the board shall adopt and enforce an ethics policy that provides standards of conduct relating to the management and investment decisions of the board. The ethics policy must include provisions that address the following issues as they apply to the management and investment decisions of the board:


(1) general ethical standards;


(2) conflicts of interest, including disclosure and recusal requirements;


(3) the acceptance of gifts and entertainment; and


(4) compliance with and enforcement of the ethics policy.


(b) The ethics policy must include provisions applicable to:


(1) members of the board;


(2) the comptroller; and


(3) employees of the board.


Added by Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 3, eff. June 15, 2007.


Sec. 54.609. REMOVAL OF BOARD MEMBER. (a) It is a ground for removal from the board if a member:


(1) does not have at the time of taking office the applicable qualifications required by Section 54.606(b);


(2) is ineligible for membership under Section 54.608;


(3) cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed; or


(4) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the board.


(b) The validity of an action of the board is not affected by the fact that the action was taken when a ground for removal of a board member existed.


(c) If the staff of the board has knowledge that a potential ground for removal exists, the staff shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the staff of the board shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 4, eff. June 15, 2007.


Sec. 54.610. TRAINING OF BOARD MEMBERS. (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.


(b) A training program established under this section shall provide information to the member regarding:


(1) the enabling legislation that created the board;


(2) the programs operated by the board;


(3) the role and functions of the board;


(4) the rules of the board, with an emphasis on the rules that relate to disciplinary and investigatory authority;


(5) the current budget for the board;


(6) the results of the most recent formal audit of the board;


(7) the requirements of the:


(A) open meetings law, Chapter 551, Government Code;


(B) open records law, Chapter 552, Government Code; and


(C) administrative procedure law, Chapter 2001, Government Code;


(8) the requirements of the conflict of interest laws and other laws relating to public officials; and


(9) any applicable ethics policies adopted by the board or the Texas Ethics Commission.


(c) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 5, eff. June 15, 2007.


Sec. 54.611. BOARD OFFICERS. (a) The comptroller serves as the presiding officer of the board.


(b) The board shall appoint a secretary of the board whose duties may be prescribed by law and by the board.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.612. COMPENSATION AND EXPENSES OF APPOINTED BOARD MEMBERS. Appointed members of the board shall serve without pay but shall be reimbursed for their actual expenses incurred in attending meetings of the board or in performing other work of the board when that work is approved by the presiding officer of the board.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.613. MEETINGS. (a) The board shall hold regular quarterly meetings in the city of Austin and other meetings at places and times scheduled by the board in formal sessions and called by the presiding officer.


(b) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.


(c) Minutes of all meetings shall be available in the board's office for public inspection.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.614. APPLICABILITY OF OPEN MEETINGS LAW AND ADMINISTRATIVE PROCEDURE LAW. The board is subject to the open meetings law, Chapter 551, Government Code, and the administrative procedure law, Chapter 2001, Government Code.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.615. EXECUTIVE DIRECTOR; STAFF. (a) The comptroller serves as the executive director of the board.


(b) The employees of the comptroller selected by the comptroller for that purpose serve as the staff of the board.


(c) The comptroller shall select and supervise the staff of the board and perform other duties delegated to the comptroller by the board.


(d) The comptroller shall provide to members of the board and to board staff, as often as necessary, information regarding their qualifications for office or employment under this subchapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.


(e) The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the comptroller and the staff of the board.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.616. PROGRAM AND FACILITY ACCESSIBILITY. (a) The board shall comply with federal and state laws related to program and facility accessibility.


(b) The board shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the board's programs and services.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.617. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a) The board shall prepare information of public interest describing the functions of the board and the board's procedures by which complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies.


(b) The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board.


(c) The board shall maintain a system to promptly and efficiently act on complaints filed with the board. The board shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.


(d) The board shall make information available describing its procedures for complaint investigation and resolution.


(e) The board shall periodically notify the complaint parties of the status of the complaint until final disposition.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 6, eff. June 15, 2007.


Sec. 54.6175. USE OF TECHNOLOGY. The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions. The policy must ensure that the public is able to interact with the staff of the board on the Internet.


Added by Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 7, eff. June 15, 2007.


Sec. 54.618. POWERS OF BOARD. (a) The board has the powers necessary or proper to carry out this subchapter.


(b) The board may:


(1) adopt an official seal;


(2) adopt rules to implement this subchapter;


(3) sue and be sued;


(4) enter into contracts and other necessary instruments;


(5) enter into agreements or other transactions with the United States, state agencies, including institutions of higher education, private or independent institutions of higher education, career schools and colleges, and local governments;


(6) appear in its own behalf before governmental agencies;


(7) contract for necessary goods and services and engage the services of private consultants, actuaries, trustees, records administrators, managers, legal counsel, and auditors for administrative or technical assistance;


(8) solicit and accept gifts, grants, loans, and other aid from any source or participate in any other way in any government program to carry out this subchapter;


(9) impose administrative fees;


(10) contract with a person to market the program;


(11) purchase liability insurance covering the board and employees and agents of the board; and


(12) establish other policies, procedures, and eligibility criteria to implement this subchapter.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1181, Sec. 4, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 364, Sec. 2.06, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 817, Sec. 8.21, eff. Sept. 1, 2003.


Sec. 54.619. PREPAID HIGHER EDUCATION TUITION PROGRAM. (a) Under the program, a purchaser may enter into a prepaid tuition contract with the board under which the purchaser agrees to prepay the tuition and required fees for a beneficiary to attend an institution of higher education or private or independent institution of higher education.


(b) The board shall deposit the money paid under a prepaid tuition contract in the fund, invest the money and credit the income earned to the fund, and apply money in the fund to the tuition and required fees of the institution of higher education or private or independent institution of higher education in which the beneficiary enrolls as provided by the prepaid tuition contract.


(1) shall pay to the institution the tuition and required fees of the institution; and


(2) may pay to the purchaser all or part of any amount paid or accrued under the contract that exceeds the tuition and required fees of the institution if the board determines that it may do so in a manner consistent with the actuarial soundness of the program.


(d) If the beneficiary of a plan described by Section 54.6251 enrolls in an institution of higher education, the board shall pay:


(1) to the institution the tuition and required fees of the institution; and


(2) to the purchaser the amount by which the estimated average private tuition and required fees exceeds the tuition and required fees of the institution.


(e) If the beneficiary of a plan described by Section 54.6251 enrolls in a private or independent institution of higher education, the board shall pay:


(1) to the institution the lesser of:


(A) the tuition and required fees of the institution; or


(B) the estimated average private tuition and required fees; and


(2) to the purchaser the amount by which the estimated average private tuition and required fees exceeds the tuition and required fees of the institution.


(f) If the beneficiary of a plan described by Section 54.6251 enrolls in a private or independent institution of higher education, the beneficiary is responsible for paying the institution the amount by which the tuition and required fees of the institution exceeds the estimated average private tuition and required fees.


(g) If in any fiscal year there is not enough money in the fund to pay the tuition and required fees of the institution of higher education in which a beneficiary enrolls or the appropriate portion of the tuition and required fees of the private or independent institution of higher education in which the beneficiary enrolls as provided by the prepaid tuition contract, the comptroller shall transfer to the fund out of the first money coming into the state treasury not otherwise appropriated by the constitution the amount necessary for the board to pay the applicable amount of tuition and required fees of the institution.


(h) Notwithstanding other provisions of this subchapter, any contract benefits purchased under this subchapter may be applied to the payment of tuition and required fees at a career school or college as if the school or college were an institution of higher education or private or independent institution of higher education. On the purchaser's request, the board shall apply, in accordance with Section 54.628, any existing amount of prepaid tuition contract benefits to the payment of tuition and required fees at a career school or college. The board is not responsible for the payment of tuition and required fees at the career school or college in excess of that amount. The board may adopt rules as necessary to implement this subsection.


(i) [Blank].


(j) The board may temporarily suspend new enrollment in the program on the request of the comptroller as the comptroller considers necessary to ensure the actuarial soundness of the fund.


(k) The board by rule shall establish criteria and procedures to guide the board in determining when and under what conditions to reopen new enrollment in the program in the event new enrollment in the program is suspended under Subsection (j). The procedure must require that, each year in which new enrollment in the program is suspended, the board consider the current structure of the program and determine whether any statutory or administrative changes are needed to enable the board to reopen new enrollment in the program in an actuarially sound manner.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 134, Sec. 1; Acts 1997, 75th Leg., ch. 522, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1181, Sec. 5, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 364, Sec. 2.07, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 817, Sec. 8.22, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1310, Sec. 12, eff. June 20, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 8, eff. June 15, 2007.


Sec. 54.6195. APPLICATION FOR ENROLLMENT. (a) The board shall adopt a form for an application for enrollment in the program. The form must indicate the information that the applicant is required to provide in order for the application to be considered, including the information required by Subsection (b) and any other information the board considers appropriate.


(b) An application for enrollment in the program must include the following information:


(1) the annual household income of the purchaser;


(2) the highest educational level of the purchaser;


(3) the race or ethnicity of the beneficiary;


(4) how the purchaser first learned about the program; and


(5) how the purchaser intends to finance the prepaid tuition contract.


Added by Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 9, eff. June 15, 2007.


Sec. 54.620. PREPAID TUITION CONTRACT. (a) The board may contract with a purchaser for the purchaser to prepay the tuition and required fees for a beneficiary to attend an institution of higher education or private or independent institution of higher education to which the beneficiary is admitted as a student.


(b) The terms of a prepaid tuition contract shall be based on an actuarial analysis of:


(1) the rates of increase of:


(A) tuition and required fees at institutions of higher education; or


(B) estimated average private tuition and required fees;


(2) expected investment returns;


(3) estimated administrative costs; and


(4) the period between the date the contract is entered into and the date the beneficiary is projected to graduate from high school.


(c) The board shall adopt a form for a prepaid tuition contract to be used by the board and purchasers.


(d) A prepaid tuition contract must:


(1) specify the amount and number of payments required from the purchaser on behalf of the beneficiary;


(2) specify the terms under which the purchaser shall make payments, including the date on which each payment is due;


(3) specify the consequences of default;


(4) specify the name and date of birth of the beneficiary of the contract and the terms under which another person may be substituted as the beneficiary;


(5) specify the number of credit hours contracted by the purchaser;


(6) specify the type of plan toward which the contracted credit hours shall be applied;


(7) contain an assumption of a contractual obligation by the board to the beneficiary to provide for a specified number of credit hours of undergraduate instruction at an institution of higher education or private or independent institution of higher education, not to exceed the typical number of credit hours required for the degree that corresponds to the plan purchased on behalf of the beneficiary;


(8) specify the date the beneficiary is projected to graduate from high school; and


(9) contain any other provisions the board considers necessary or appropriate.


(e) A prepaid tuition contract does not cover the cost of laboratory fees charged for specific courses.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.621. BENEFICIARY. (a) Except as provided by Subsection (d), the beneficiary of a prepaid tuition contract must be younger than 18 years of age or 18 years of age or older and enrolled in high school at the time the purchaser enters into the contract and must be:


(1) a resident of this state at the time the purchaser enters into the contract; or


(2) a nonresident who is the child of a parent who is a resident of this state at the time that parent enters into the contract.


(b) The board may require a reasonable period of residence in this state for a beneficiary or the parent of a beneficiary.


(c) Notwithstanding any provision of Subchapter B, the tuition and required fees charged by an institution of higher education for semester hours and fees that are paid for by a prepaid tuition contract shall be determined as if the beneficiary of that contract were a resident student.


(d) In order to provide sufficient time for program investments to mature in an actuarially sound manner with regard to the amounts prepaid under a contract entered into after December 31, 2003, the board may require a maturity period between the time a purchaser enters into the contract and the time the board must act on its contractual obligation to pay any tuition or fees on behalf of the beneficiary.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 522, Sec. 2, eff. Sept. 1, 1997.


Amended by:


Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 7, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 10, eff. June 15, 2007.


Sec. 54.622. TYPES OF PLANS. The board shall make prepaid tuition contracts available for the:


(1) junior college plan;


(2) senior college plan;


(3) junior-senior college plan; and


(4) private college plan.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.623. JUNIOR COLLEGE PLAN. Through the junior college plan, a prepaid tuition contract shall provide prepaid tuition and required fees for the beneficiary to attend a public junior college for a specified number of undergraduate credit hours not to exceed the typical number of hours required for a certificate or an associate degree awarded by a public junior college.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.624. SENIOR COLLEGE PLAN. (a) Through the senior college plan, a prepaid tuition contract shall provide prepaid tuition and required fees for the beneficiary to attend a public senior college or university for a specified number of undergraduate credit hours not to exceed the typical number of hours required for a baccalaureate degree awarded by a public senior college or university.


(b) When the beneficiary of a senior college plan prepaid tuition contract entered into on or before December 31, 2003, enrolls in a public senior college or university, the university shall accept as payment in full of the beneficiary's tuition and required fees the lesser of:


(1) the amount of tuition and required fees charged by the institution; or


(2) an amount paid by the board under the contract equal to the weighted average amount of tuition and required fees of all public senior colleges and universities for that semester or other academic period as determined by the board.


(c) Each public senior college or university shall provide the information requested by the board on or before June 1 each year to assist the board in determining the weighted average amount of tuition and required fees of all public senior colleges and universities for each semester or other academic term of the following academic year for purposes of this section.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 13, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1321, Sec. 4, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 11, eff. June 15, 2007.


Sec. 54.6245. GRADUATE AND PROFESSIONAL DEGREE PLANS. (a) The board may establish one or more plans to allow a person to prepay all or part of the tuition and required fees for enrollment in a graduate or professional degree program at an institution of higher education or private or independent institution of higher education, if the board determines that:


(1) a particular plan is feasible; and


(2) there is sufficient demand for the plan to justify administration of the plan.


(b) The board may limit a plan established under this section to a specified field or fields of study, to a specified level or type of degree, or to a specified number of hours or semesters, as the board considers appropriate.


(c) The board is not required to continue offering a plan established under this section in subsequent years.


(d) The board may modify the terms of a prepaid tuition contract otherwise required by this subchapter for a plan established under this section as the board considers necessary.


Added by Acts 1999, 76th Leg., ch. 269, Sec. 1, eff. Aug. 30, 1999.


Sec. 54.625. JUNIOR-SENIOR COLLEGE PLAN. Through the junior-senior college plan, a prepaid tuition contract shall provide prepaid tuition and required fees for the beneficiary to attend:


(1) a public junior college for a specified number of undergraduate credit hours not to exceed the typical number of hours required for a person to receive a certificate or associate degree awarded by a public junior college; and


(2) a public senior college or university for a specified number of credit hours not to exceed the typical number of additional hours required for the person to receive a baccalaureate degree awarded by a public senior college or university.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.6251. PRIVATE COLLEGE PLAN. Through the private college plan, a prepaid tuition contract shall provide prepaid estimated average private tuition and required fees for the beneficiary to attend a private or independent institution of higher education for a specified number of undergraduate credit hours not to exceed the typical number of hours required for a baccalaureate degree awarded by a private or independent institution of higher education.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.6252. CONTRACT FOR ADDITIONAL CREDIT HOURS. (a) The board may permit the purchaser of a prepaid tuition contract for a senior college plan or a private college plan at any time during which the contract is in effect and before the beneficiary graduates from high school to enter into a supplemental contract to prepay the tuition and required fees of the beneficiary for a number of undergraduate credit hours, in addition to the undergraduate credit hours included in the primary contract, equal to the number of credit hours purchased for one year under the primary contract. The additional credit hours must be for the same type of institution as the credit hours purchased under the primary contract.


(b) The contract is subject to Section 54.620.


Added by Acts 1997, 75th Leg., ch. 522, Sec. 3, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1181, Sec. 6, eff. Sept. 1, 1999.


Sec. 54.626. CONTRACT PAYMENT. (a) The board may provide for the receipt of payments under prepaid tuition contracts in lump sums or installment payments. If the board allows payments under a contract to be made in installments over a period longer than one year, it must provide for those payments to be made in single annual installments in addition to any other permitted installment plans.


(b) A purchaser may make payments under a prepaid tuition contract by electronic funds transfer.


(c) An employee of the state or a political subdivision of the state may make payments under a prepaid tuition contract by payroll deductions made by the appropriate officer of the state or political subdivision.


(d) The board may impose a fee for a late payment under a prepaid tuition contract.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 95, Sec. 1, eff. May 15, 1997.


Sec. 54.6261. DEFERRED USE OF PREPAID CREDIT HOURS. (a) A prepaid tuition contract must permit the beneficiary to elect to pay from another source the beneficiary's tuition and required fees for some or all of the semester credit hours to which the beneficiary is entitled to payment under the contract, and to defer to a subsequent semester or term the right to payment of the beneficiary's tuition and required fees for the number of semester credit hours remaining under the contract. The beneficiary is responsible for payment of the amount of tuition and required fees for the number of semester credit hours that the beneficiary elects not to pay under the contract.


(b) This section does not affect the date on which a prepaid tuition contract terminates under this subchapter and does not give the beneficiary the right to any payment under the contract after termination of the contract.


Added by Acts 1997, 75th Leg., ch. 522, Sec. 3, eff. Sept. 1, 1997.


Sec. 54.6262. APPLICATION OF UNUSED CREDIT HOURS TO GRADUATE TUITION. (a) If the beneficiary of a prepaid tuition contract registers in a graduate or professional degree program before the termination of the contract and the beneficiary has not received payment under the contract for tuition and required fees for all of the semester credit hours to which the beneficiary is entitled, the beneficiary may apply the value of the remaining semester credit hours under the contract to the payment of the beneficiary's tuition and required fees in the graduate or professional degree program.


(b) For purposes of this section, the value of a semester credit hour under a prepaid tuition contract is equal to the average amount of undergraduate tuition and required fees for a semester credit hour that would have been paid under the contract if the beneficiary registered in an undergraduate program for the same term or semester for which the beneficiary applies the payment to the beneficiary's tuition and required fees in a graduate or professional degree program under this section.


(c) This section does not affect the date on which a prepaid tuition contract terminates under this subchapter and does not give the beneficiary the right to any payment under the contract after termination of the contract.


Added by Acts 1997, 75th Leg., ch. 522, Sec. 3, eff. Sept. 1, 1997.


Sec. 54.627. CHANGE OF BENEFICIARY. (a) The purchaser of a prepaid tuition contract may designate a new beneficiary instead of the original beneficiary if the new beneficiary meets the requirements of a beneficiary on the date the designation is changed. Except as provided by Subsection (b), the new beneficiary must meet the requirements of Section 529 of the Internal Revenue Code of 1986 so that the change of beneficiary is not treated as a distribution under that law.


(b) If the purchaser is this state, a local government of this state, or an organization exempt from taxation under Section 501(a) of the Internal Revenue Code of 1986 because it is listed in Section 501(c)(3) of that code that purchases an interest in a prepaid tuition contract as part of a scholarship program operated by the government or organization, the purchaser may designate a new beneficiary without regard to the relationship of the new beneficiary to the original beneficiary.


(c) The board may adjust the terms of the contract so that the purchaser is required to pay the amount the purchaser would have been required to pay had the purchaser originally designated the new beneficiary as the beneficiary, taking into account any payments made before the date the designation is changed.


(d) The purchaser of a prepaid tuition contract may not sell the contract.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 522, Sec. 4, eff. Sept. 1, 1997.


Sec. 54.628. CONVERSION TO ANOTHER PLAN. (a) A purchaser may convert a prepaid tuition contract from one plan to another plan.


(b) The board may adjust the terms of the contract so that the purchaser is required to pay the amount required under the plan to which the contract is converted, taking into account any payments made before the date the contract is converted.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.629. VERIFICATION UNDER OATH. The board may require a purchaser to verify under oath a request to:


(1) change a beneficiary;


(2) convert a contract to another plan; or


(3) terminate a contract.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.630. PROMISE OR GUARANTEE OF ADMISSION. This subchapter is not a promise or guarantee that a beneficiary will be:


(1) admitted to any institution of higher education or private or independent institution of higher education;


(2) admitted to a particular institution of higher education or private or independent institution of higher education;


(3) allowed to continue enrollment at an institution of higher education or private or independent institution of higher education after admission; or


(4) graduated from an institution of higher education or private or independent institution of higher education.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.631. CONTRACT TERMINATION. (a) A prepaid tuition contract shall specify:


(1) the name of any person who may terminate the contract; and


(2) the terms under which the contract may be terminated.


(b) A prepaid tuition contract terminates on the 10th anniversary of the date the beneficiary is projected to graduate from high school, not counting time spent by the beneficiary as an active duty member of the United States armed services.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.632. REFUND. (a) A prepaid tuition contract shall specify:


(1) the name of the person entitled to any refund if the contract is terminated;


(2) the terms under which a person is entitled to a refund; and


(3) the method by which the amount of the refund is calculated.


(b) The person named in the contract is entitled to a refund following termination of a prepaid tuition contract.


(c) The board shall determine the method by which the amount of the refund is calculated.


(d) The board shall comply with Section 529 of the Internal Revenue Code of 1986 in imposing penalties for refunds and excess amounts payable under Sections 54.619(d) and (e).


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 522, Sec. 5, eff. Sept. 1, 1997.


Sec. 54.633. PREPAID HIGHER EDUCATION TUITION SCHOLARSHIPS FOR STUDENTS. (a) To the extent money is available, the board or the board of a direct-support organization established by the board under Subsection (e) may award a prepaid higher education tuition scholarship to a student who meets:


(1) economic or academic requirements adopted by the board; or


(2) economic or academic requirements established by the board of a direct-support organization that are approved by the board.


(b) A scholarship awarded under this section terminates if the student to whom the scholarship is awarded is:


(1) convicted of, or adjudicated as having engaged in delinquent conduct constituting, an offense under Chapter 481, Health and Safety Code; or


(2) convicted of, or adjudicated as having engaged in delinquent conduct constituting, a felony or Class A misdemeanor.


(c) The board shall ensure that each region of the state is equitably represented in the awarding of scholarships under this section.


(d) Scholarships under this section may be funded by the private sector, the state, or a local government of the state.


(e) The board may establish a direct-support organization under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) to:


(1) receive, hold, invest, and administer money, gifts, grants, loans, or other property for or on behalf of the program;


(2) purchase and award scholarships under this section; and


(3) establish economic and academic eligibility requirements that are approved by the board.


(f) The board of directors of the direct-support organization consists of:


(1) the comptroller;


(2) a member appointed by the governor with the advice and consent of the senate; and


(3) three members appointed jointly by the comptroller and the member appointed by the governor.


(g) The comptroller serves as executive director of the board of the direct-support organization. The comptroller shall:


(1) select and assign employees of the comptroller to serve as the staff to the board of the direct-support organization;


(2) select and supervise the staff of the board of the direct-support organization and perform other duties delegated to the comptroller by the board of the direct-support organization; and


(3) provide to the board of the direct-support organization and to that board's staff, as necessary, information regarding that board's qualifications for office or employment under this subchapter and responsibilities under applicable laws relating to standards of conduct for state officers or employees.


(h) The board of the direct-support organization shall develop and implement policies that clearly separate the policy-making responsibilities of the board of the direct-support organization and the management responsibilities of the comptroller and the staff of the board of the direct-support organization.


(i) The board must certify that the direct-support organization operates in a manner consistent with the goals of this state and in the best interests of this state.


(j) The board may contract with an independent certified public accountant to annually audit the direct-support organization under rules adopted by the board. The board shall submit the audit to the comptroller, governor, lieutenant governor, speaker of the house of representatives, Legislative Budget Board, Legislative Audit Committee, and Texas Higher Education Coordinating Board. The comptroller may require the direct-support organization or independent certified public accountant to provide additional information relating to the operation of the organization.


(k) The identity of a donor under this section who desires to remain anonymous and the records of the direct-support organization, other than the records disclosed under Subsection (j), are confidential.


(l) A prepaid tuition contract may be purchased for scholarship purposes under this section without identifying a specific beneficiary.


(m) In awarding a scholarship under this section, the awarding entity may not award a scholarship using funds derived from this state or a local government unless the awarding entity determines, using sound actuarial principles, that awarding the scholarship will not jeopardize the soundness of the fund or require an appropriation from the state to cover the tuition and required fees.


Text of subsection as added by Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 2



(n) If the comptroller determines that the purpose of a direct-support organization established under Subsection (e) has been substantially complied with, the comptroller may dissolve the organization. On dissolution, the title to all funds and properties then owned by the organization shall transfer to the Texas Match the Promise Foundation.


Text of subsection as added by Acts 2019, 86th Leg., R.S., Ch. 837 (H.B. 2668), Sec. 1



(n) The comptroller may dissolve a direct-support organization established under Subsection (e) if the comptroller determines that the purpose of the organization has been substantially complied with and orders the dissolution. On dissolution of the organization, title to all funds and property held by the organization is transferred to the Texas Match the Promise Foundation or a successor entity.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 522, Sec. 6, eff. Sept. 1, 1997.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 13, eff. September 1, 2013.


Acts 2019, 86th Leg., R.S., Ch. 837 (H.B. 2668), Sec. 1, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 2, eff. June 10, 2019.


Sec. 54.634. ESTABLISHMENT OF TRUST FUND; COLLEGE SAVINGS PLAN ACCOUNT. (a) The Texas tomorrow constitutional trust fund is created as a trust fund to be held with the comptroller. The fund consists of:


(1) state appropriations for purposes of the fund;


(2) money acquired from other governmental or private sources;


(3) money paid under prepaid tuition contracts; and


(4) the income from money deposited in the fund.


(b) The board shall administer the assets of the fund. The board is the trustee of the fund's assets.


(c) The board may:


(1) segregate contributions and payments to the fund into various accounts; and


(2) acquire, hold, manage, purchase, sell, assign, trade, transfer, and dispose of any security, evidence of indebtedness, or other investment in which the fund's assets may be invested.


(d) The Texas college savings plan account is created within the Texas tomorrow constitutional trust fund and is financed through administrative fees and service charges as authorized by Section 54.702(c).


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1250, Sec. 4, eff. June 15, 2001.


Sec. 54.635. COMPTROLLER. (a) Except as provided by Subsection (d), the comptroller is the custodian of the assets of the fund.


(b) The comptroller shall pay money from the fund on a warrant drawn by the comptroller supported only on a voucher signed by the comptroller or the comptroller's authorized representative.


(c) The comptroller annually shall furnish to the board a sworn statement of the amount of the fund's assets in the comptroller's custody.


(d) The board may select one or more commercial banks, depository trust companies, or other entities to serve as custodian of all or part of the fund's assets.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 5.13, eff. Sept. 1, 1997.


Sec. 54.636. INVESTMENT OF FUND ASSETS. (a) The board shall invest the assets of the fund.


(b) The board may contract with private professional investment managers to assist the board in investing the assets of the fund.


(c) The board shall develop written investment objectives concerning the investment of the assets of the fund. The objectives may address desired rates of return, risks involved, investment time frames, and any other relevant considerations.


(d) The comptroller shall develop a comprehensive plan for the investment of the assets of the fund consistent with the objectives developed by the board under Subsection (c). The plan shall specify the policies under which the board shall invest the assets of the fund. The board must approve the plan.


(e) In making investments of the assets of the fund, the board shall exercise the judgment and care, under the circumstances at the time of the investment, that a person of ordinary prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation but for making a permanent disposition of funds, considering the probable income from the disposition and the probable safety of capital.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 522, Sec. 7, eff. Sept. 1, 1997.


Sec. 54.637. USE OF FUND ASSETS. The assets of the fund may be used only to:


(1) pay the costs of program administration and operations;


(2) make payments to institutions of higher education or private or independent institutions of higher education on behalf of beneficiaries; and


(3) make refunds under prepaid tuition contracts.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.



Text of section effective until January 01, 2022



Sec. 54.6385. EXEMPTION FROM SECURITIES LAWS. The registration requirements of The Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes) do not apply to the sale of a prepaid tuition contract by the board or by a registered securities dealer or registered investment adviser.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1091, Sec. 4.01, eff. Sept. 1, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.07, eff. January 1, 2022.



Text of section effective on January 01, 2022



Sec. 54.6385. EXEMPTION FROM SECURITIES LAWS. The registration requirements of The Securities Act (Title 12, Government Code) do not apply to the sale of a prepaid tuition contract by the board or by a registered securities dealer or registered investment adviser.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1091, Sec. 4.01, eff. Sept. 1, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.07, eff. January 1, 2022.


Sec. 54.639. EXEMPTION FROM CREDITORS' CLAIMS. (a) Money in the fund is exempt from claims of creditors, including claims of creditors of a purchaser, a beneficiary, or a successor in interest of a purchaser or beneficiary.


(b) The rights of a purchaser, beneficiary, or successor in interest of a purchaser or beneficiary in and under a prepaid tuition contract and the payment of tuition and required fees for a beneficiary under a prepaid tuition contract to an institution of higher education or a private or independent institution of higher education under this chapter are exempt from attachment, levy, garnishment, execution, and seizure for the satisfaction of any debt, judgment, or claim against a purchaser, beneficiary, or successor in interest of a purchaser or beneficiary.


(c) A claim or judgment against a purchaser, beneficiary, or a successor in interest of a purchaser or beneficiary does not impair or entitle the claim or judgment holder to assert or enforce a lien against:


(1) the rights of a purchaser, beneficiary, or successor in interest of a purchaser or beneficiary in and under a prepaid tuition contract; or


(2) the right of a beneficiary to the payment of tuition and required fees to an institution of higher education or a private or independent institution of higher education under a prepaid tuition contract.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 522, Sec. 8, eff. Sept. 1, 1997.


Sec. 54.640. ACTUARIAL SOUNDNESS OF FUND. (a) The board shall administer the fund in a manner that is sufficiently actuarially sound to pay the costs of program administration and operations and meet the obligations of the program.


(b) The board shall annually evaluate the actuarial soundness of the fund.


(c) The board may adjust the terms of subsequent prepaid tuition contracts as necessary to ensure the actuarial soundness of the fund.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Sec. 54.6401. COMPLIANCE WITH LIMITS ON CONTRIBUTIONS AND WITHDRAWALS. The board shall monitor contributions to and withdrawals from the fund and any account within the fund to ensure that any applicable limits on contributions or withdrawals are not exceeded.


Added by Acts 2001, 77th Leg., ch. 1250, Sec. 5, eff. June 15, 2001.


Sec. 54.641. STATEMENT REGARDING STATUS OF PREPAID TUITION CONTRACT. (a) Not later than January 31 of each year, the board shall furnish without charge to each purchaser a statement of:


(1) the amount paid by the purchaser under the prepaid tuition contract;


(2) the number of credit hours originally covered by the contract;


(3) the number of credit hours remaining under the contract; and


(4) any other information the board determines by rule is necessary or appropriate.


(b) The board shall furnish a statement complying with Subsection (a) to a purchaser or beneficiary on written request. The board may charge a reasonable fee for each statement furnished under this subsection.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 522, Sec. 9, eff. Sept. 1, 1997.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 3, eff. June 10, 2019.


Sec. 54.642. REPORTS. (a) Not later than December 1 of each year, the board shall submit to the governor, lieutenant governor, speaker of the house of representatives, Legislative Budget Board, Legislative Audit Committee, and Texas Higher Education Coordinating Board a report including:


(1) the board's fiscal transactions during the preceding fiscal year;


(2) the market and book value of the fund as of the end of the preceding fiscal year;


(3) the asset allocations of the fund expressed in percentages of stocks, fixed income, cash, or other financial investments;


(4) the rate of return on the investment of the fund's assets during the preceding fiscal year; and


(5) an actuarial valuation of the assets and liabilities of the program, including the extent to which the program's liabilities are unfunded.


(b) The board shall make the report described by Subsection (a) available to purchasers of prepaid tuition contracts.


(c) The board shall include in the report described by Subsection (a):


(1) complete prepaid tuition contract sales information, including projected enrollments of beneficiaries at institutions of higher education; and


(2) the information maintained by the board under Section 54.777.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 14, eff. September 1, 2013.


Sec. 54.643. CONFIDENTIALITY. (a) Records in the custody of the board relating to the participation of specific purchasers and beneficiaries in the program are confidential.


(b) Notwithstanding Subsection (a), the board may release information described by that subsection to an institution of higher education in which a beneficiary may enroll or is enrolled. The institution of higher education shall keep the information confidential.


(c) Notwithstanding any other provision of this subchapter, the board may release information to the Internal Revenue Service and to any state tax agencies as required by applicable tax law.


Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 522, Sec. 10, eff. Sept. 1, 1997.


Sec. 54.644. TAX EXEMPT STATUS REQUIREMENTS. (a) The provisions of this section are intended to meet the requirements of Section 529 of the Internal Revenue Code of 1986.


(b) A payment of an amount due to the fund for a prepaid tuition contract must be made in cash. A person may not make a payment to the fund in excess of the amounts required to be paid under a prepaid tuition contract.


(c) The board shall maintain a separate accounting for each beneficiary.


(d) The purchaser of a prepaid tuition contract and the beneficiary of the contract may not control or direct the investment of payments under the contract or any earnings of the fund.


(e) The purchaser of a prepaid tuition contract and the beneficiary of the contract may not use any interest in the contract as security for a loan or other obligation.


(f) The board shall make reports required by the secretary of the United States Treasury.


Added by Acts 1997, 75th Leg., ch. 522, Sec. 11, eff. Sept. 1, 1997.


SUBCHAPTER G. HIGHER EDUCATION SAVINGS PLAN



Sec. 54.701. DEFINITIONS. In this subchapter:


(1) "Beneficiary" means an individual designated as the individual whose qualified higher education expenses are expected to be paid from the savings trust account.


(2) "Board" means the Prepaid Higher Education Tuition Board.


(3) "Eligible educational institution" has the meaning assigned by Section 529, Internal Revenue Code of 1986, as amended.


(4) "Financial institution" means a bank, trust company, savings and loan association, credit union, broker-dealer, mutual fund, insurance company, or other similar financial institution authorized to transact business in this state.


(5) "Nonqualified withdrawal" means a withdrawal from a savings trust account other than:


(A) a qualified withdrawal;


(B) a withdrawal made as the result of the death or disability of the beneficiary of the account; or


(C) a withdrawal made due to a scholarship or to an allowance or payment described by Section 135(d)(1)(B) or (C), Internal Revenue Code of 1986, as amended, received by the beneficiary to the extent the amount of the withdrawal does not exceed the amount of the scholarship, allowance, or payment, in accordance with federal law.


(6) "Plan" means the higher education savings plan established under this subchapter.


(7) "Plan manager" means a financial institution under contract with the board to serve as plan administrator.


(8) "Qualified higher education expenses" has the meaning assigned by Section 529, Internal Revenue Code of 1986, as amended.


(9) "Qualified withdrawal" means a withdrawal from a savings trust account to pay the qualified higher education expenses of the beneficiary of the account.


(10) "Savings trust account" means an account established through the plan by an individual under this subchapter on behalf of a beneficiary in order to apply distributions from the account toward qualified higher education expenses at eligible educational institutions.


(11) "Savings trust agreement" means the agreement between an individual establishing a savings trust account and the board.


Added by Acts 2001, 77th Leg., ch. 1250, Sec. 1, eff. June 15, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 4, eff. June 10, 2019.


Sec. 54.702. POWERS AND DUTIES OF BOARD. (a) The board shall:


(1) develop and implement the plan in a manner consistent with this subchapter;


(2) select the financial institution or institutions to serve as plan manager; and


(3) adopt rules to implement this subchapter.


(b) The board may seek rulings and other guidance from the United States Department of the Treasury, the Internal Revenue Service, and the Securities and Exchange Commission relating to the plan as necessary for proper implementation and development of the plan. The board shall make changes to the plan as necessary for savings trust account owners and beneficiaries of the plan to obtain or maintain federal income tax benefits or treatment provided by Section 529, Internal Revenue Code of 1986, as amended, and exemptions under federal securities laws.


(c) The board shall collect administrative fees and service charges in connection with any agreement, contract, or transaction relating to the plan in amounts not exceeding the cost of establishing and maintaining the plan.


(d) A savings trust agreement must be developed and approved by the board. The board shall review for compliance with applicable law and must approve in advance any informational materials that a plan manager provides to participants or potential participants in the plan.


(e) The board shall adopt a policy to prevent contributions to an account on behalf of a beneficiary in excess of those necessary to pay the qualified higher education expenses of the beneficiary.


(f) The board shall monitor contributions to and withdrawals from the plan and each plan account to ensure that any applicable limits on contributions or withdrawals are not exceeded.


(g) The board shall prepare and file statements and information returns relating to accounts to the extent required by federal or state tax law.


Added by Acts 2001, 77th Leg., ch. 1250, Sec. 1, eff. June 15, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 5, eff. June 10, 2019.


Sec. 54.703. OPERATION OF PLAN; ACCOUNTS HELD IN TRUST. (a) The board shall administer a higher education savings plan to enable individuals to save money for the qualified higher education expenses of an individual by establishing a savings trust account in the plan.


(b) Money contributed to a savings trust account and earnings on the account are held in trust by the board for the sole benefit of the account owner and beneficiary.


Added by Acts 2001, 77th Leg., ch. 1250, Sec. 1, eff. June 15, 2001.


Sec. 54.704. SELECTION OF FINANCIAL INSTITUTION AS PLAN MANAGER. (a) The board shall contract with one or more financial institutions to serve as plan manager and to invest the money in savings trust accounts. The board shall ensure that investments by a plan manager are made with the judgment and care that persons of prudence, discretion, and intelligence exercise in the management of the property of another, not in regard to speculation but in regard to the permanent disposition of funds, considering the probable income as well as the probable safety of capital.


(b) The board shall solicit proposals from financial institutions to serve as plan managers.


(c) The board shall select a plan manager or managers from among bidding financial institutions that demonstrate the most advantageous combination to account owners and beneficiaries, based on the following factors:


(1) financial stability and integrity;


(2) the ability of the financial institution, directly or through a subcontract, to satisfy recordkeeping and reporting requirements;


(3) the financial institution's strategy for promoting the plan and the investment that the financial institution is willing to make to promote the plan;


(4) the historic ability of the portfolios or investment strategies to be used by the financial institution to track the estimated costs of higher education as calculated by the United States Department of Education;


(5) the fees, if any, proposed to be charged to account owners for maintaining accounts;


(6) the minimum contributions that the financial institution will require and the willingness of the financial institution to accept contributions through payroll deduction plans or systematic deposit plans; and


(7) any other proposed benefits to this state or to its residents.


(d) The board may require that any financial institution selected provide several investment options to account owners, taking into consideration the age of the beneficiary and the number of years remaining until likely enrollment at an eligible educational institution. To the extent permitted by federal law, the investment options may include mutual funds, fixed annuities, variable annuities, and variable life insurance policies.


Added by Acts 2001, 77th Leg., ch. 1250, Sec. 1, eff. June 15, 2001.


Sec. 54.705. DUTIES OF PLAN MANAGER. (a) A plan manager shall:


(1) take all actions required to keep the plan in compliance with this subchapter, to ensure that the plan qualifies as a qualified state tuition program under Section 529, Internal Revenue Code of 1986, as amended, and to ensure that the plan is exempt from registration under federal securities law;


(2) keep adequate and separate records of each savings trust account and provide the board with the information necessary to prepare the reports required by Section 529, Internal Revenue Code of 1986, as amended, or to file those reports on behalf of the board;


(3) compile necessary information for statements to account owners and statements required by federal or state tax law and provide those compilations to the board; and


(4) provide representatives of the board with access to the books and records of the manager as necessary to determine compliance with the plan manager contract.


(b) A plan manager shall hold all savings trust accounts in trust as authorized by the board in the plan manager contract. A plan manager shall make investments according to the standard provided by Section 54.704(a).


(c) A plan manager shall develop a strategy to promote the plan and, on approval by the board, promote the plan according to that strategy.


(d) A plan manager may provide for any financial institution to market the plan on its behalf and to provide account services to an individual who opens or owns a savings trust account administered by the plan manager. A financial institution that markets the plan or provides account services under this subsection may charge a fee or commission for those services.


Added by Acts 2001, 77th Leg., ch. 1250, Sec. 1, eff. June 15, 2001.


Sec. 54.706. CONTRACT BETWEEN BOARD AND PLAN MANAGER. (a) A contract between the board and a financial institution to act as a plan manager under this subchapter must be for a term of at least five years and may be renewable.


(b) If the contract is not renewed, the following conditions apply at the end of the term of the contract, so long as applying the conditions does not disqualify the plan as a qualified state tuition program under Section 529, Internal Revenue Code of 1986, as amended:


(1) the board shall continue to maintain the plan at the financial institution;


(2) accounts previously established at the financial institution may not be terminated, except as provided by Subdivision (5) or Subsection (c);


(3) additional contributions may be made to the accounts;


(4) new accounts may not be opened with that financial institution; and


(5) if the board determines that continuing the accounts at that financial institution is not in the best interest of the account owners, the accounts may be transferred to another financial institution acting as a plan manager.


(c) The board may cancel a plan manager contract with a financial institution for a violation of the contract or a provision of this subchapter by the financial institution at any time. If a contract is terminated under this subsection, the board shall take custody of accounts held at that financial institution and shall promptly seek to transfer the accounts to another financial institution acting as a plan manager and into investment instruments as similar to the original investment instruments as possible.


Added by Acts 2001, 77th Leg., ch. 1250, Sec. 1, eff. June 15, 2001.


Sec. 54.707. SAVINGS TRUST ACCOUNTS. (a) An individual may open a savings trust account to save money for the payment of the qualified higher education expenses of a beneficiary. The individual who opens the account is the owner of the account. The owner of the account may also be the beneficiary.


(b) An individual may open an account by entering into a savings trust agreement with the board as prescribed and approved by the board and making the minimum contribution required by the plan manager selected by the individual to open an account.


(c) A savings trust agreement must include the following terms:


(1) the name and address of the savings trust account owner;


(2) the name, address, and date of birth of the beneficiary on whose behalf the account is opened;


(3) the maximum and minimum contributions allowed to the account;


(4) provisions for withdrawals, refunds, transfers, and any penalties;


(5) terms and conditions for a substitution of the beneficiary originally named;


(6) terms and conditions for termination of the account, including any refunds, withdrawals, or transfers, and applicable penalties, and the name of the person or persons entitled to terminate the account;


(7) all other rights and obligations of the account owner, the plan manager, and the board; and


(8) any other terms and conditions the board considers necessary or appropriate, including those necessary to conform the savings trust account to the requirements of Section 529, Internal Revenue Code of 1986, as amended, or other applicable federal law.


(d) An account owner may change the designated beneficiary of an account as provided by Section 529, Internal Revenue Code of 1986, as amended, in accordance with procedures established by the board.


Added by Acts 2001, 77th Leg., ch. 1250, Sec. 1, eff. June 15, 2001.


Sec. 54.708. CONTRIBUTIONS AND WITHDRAWALS. (a) Contributions to a savings trust account may be made only in cash or by electronic funds transfer. An employee of the state or a political subdivision of the state may make contributions to a savings trust account by payroll deductions made by the appropriate officer of the state or political subdivision.


(b) An account owner may withdraw all or part of the balance of an account on prior notice as authorized by board rules.


(c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 17, eff. June 10, 2019.


(d) Repealed by Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 17, eff. June 10, 2019.


(e) Repealed by Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 17, eff. June 10, 2019.


(f) Repealed by Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 17, eff. June 10, 2019.


Added by Acts 2001, 77th Leg., ch. 1250, Sec. 1, eff. June 15, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 6, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 7, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 17, eff. June 10, 2019.


Sec. 54.709. ADMINISTRATION OF ACCOUNTS. (a) A plan manager shall provide separate accounting for each savings trust account.


(b) An account owner or beneficiary may not direct the investment of any contributions to or earnings on an account.


(c) If the board terminates the contract of a financial institution to act as a plan manager and accounts must be transferred from that financial institution to another financial institution, the board shall select the financial institution to which the balances of the accounts are transferred.


(d) A savings trust agreement must provide that, if after a specified period the savings trust agreement has not been terminated and the beneficiary's rights in the account have not been exercised, the board, after making reasonable efforts to contact the owner and beneficiary of the account or their agents, shall report the unclaimed money in the account to the comptroller.


(e) Money in a savings trust account is exempt from attachment, execution, and seizure for the satisfaction of debt or liability of an account owner or beneficiary.


(f) A savings trust account may not be assigned for the benefit of creditors, used as security or collateral for any loan, or otherwise subject to alienation, sale, transfer, assignment, pledge, encumbrance, or charge.


(g) A distribution from an account to any individual or for the benefit of any individual during a calendar year shall be reported to the Internal Revenue Service and to the account owner or the beneficiary to the extent required by federal law.


(h) A plan manager shall provide an annual statement to each account owner not later than the January 31 after the end of each calendar year and may provide statements more frequently than annually. A statement must identify the contributions made during the reporting period, the total contributions made through the end of the reporting period, the value of the account at the end of the reporting period, withdrawals made during the reporting period, and any other information the board requires.


(i) Notwithstanding Subsection (b), if Section 529, Internal Revenue Code of 1986, as amended, is amended to permit an account owner to direct the investment of a contribution to or an account balance in a qualified state tuition program, the board in each subsequent plan manager contract shall provide that each plan manager must provide a savings trust account owner with the ability to direct the investment of a contribution to the account or the balance in the account among a wide variety of investment options.


Added by Acts 2001, 77th Leg., ch. 1250, Sec. 1, eff. June 15, 2001.


Sec. 54.710. PLAN LIMITATIONS. (a) Nothing in this subchapter or in any savings trust agreement entered into under this subchapter may be construed to:


(1) give a beneficiary any rights or legal interest with respect to a savings trust account unless the beneficiary is the account owner;


(2) guarantee that amounts saved under the plan will be sufficient to cover the qualified higher education expenses of a beneficiary; or


(3) establish state residency for tuition or other purposes for a beneficiary because of the designation as a beneficiary.


(b) Nothing in this subchapter or in any savings trust agreement entered into under this subchapter may be construed to create any obligation of the state, any agency or instrumentality of the state, or a plan manager to guarantee for the benefit of an account owner or beneficiary:


(1) the return of any amount contributed to an account;


(2) the rate of interest or other return on an account;


(3) the payment of interest or other return on an account; or


(4) tuition rates or the cost of related education expenditures.


(c) The board by rule shall require that every savings trust agreement, deposit slip, and other similar document used in connection with a contribution to an account clearly indicate that the account is not insured by this state and that neither the principal deposited nor the investment return is guaranteed by this state.


Added by Acts 2001, 77th Leg., ch. 1250, Sec. 1, eff. June 15, 2001.


Sec. 54.711. NO PROMISE OF ADMISSION, ENROLLMENT, OR GRADUATION. The opening or maintenance of a savings trust account does not promise or guarantee that a beneficiary of the account will:


(1) be admitted to any eligible educational institution;


(2) be admitted to a particular eligible educational institution;


(3) be allowed to continue enrollment at an eligible educational institution after admission; or


(4) receive a degree or certificate from an eligible educational institution.


Added by Acts 2001, 77th Leg., ch. 1250, Sec. 1, eff. June 15, 2001.


Sec. 54.712. RESIDENCY NOT REQUIRED. A savings trust account owner or beneficiary is not required to be a resident of this state.


Added by Acts 2001, 77th Leg., ch. 1250, Sec. 1, eff. June 15, 2001.


Sec. 54.713. POLICIES FOR PROMOTION AND DISCLOSURE OF INFORMATION. The board shall adopt policies for promotion of the plan and the disclosure of plan information to savings trust account owners and beneficiaries in a manner consistent with this subchapter and the requirements of Section 529, Internal Revenue Code of 1986, as amended, to ensure that:


(1) promotional material and plan information disclose that no money invested in the plan is insured by this state and that neither the principal deposited nor the investment returned is guaranteed by this state; and


(2) any fees imposed under this subchapter are disclosed in promotional material and plan information provided to the public and to account owners and beneficiaries.


Added by Acts 2001, 77th Leg., ch. 1250, Sec. 1, eff. June 15, 2001.


Sec. 54.714. CONFIDENTIALITY OF RECORDS. (a) Except as otherwise provided by this section, all information relating to the plan is public and subject to disclosure under Chapter 552, Government Code.


(b) Information relating to a beneficiary or owner of a savings trust account, including any personally identifiable information about an owner or beneficiary, is confidential except that the board may disclose that information to an account owner regarding the owner's account.


Added by Acts 2001, 77th Leg., ch. 1250, Sec. 1, eff. June 15, 2001.


Sec. 54.715. TERMINATION OR MODIFICATION OF PLAN. If the comptroller determines that the plan is not financially feasible, the comptroller shall notify the governor and the legislature and recommend that the board not administer a higher education savings plan or that the plan be modified or terminated.


Added by Acts 2001, 77th Leg., ch. 1250, Sec. 1, eff. June 15, 2001.


Sec. 54.716. EFFECT OF TERMINATION OF PLAN ON SAVINGS TRUST AGREEMENT. If the plan is terminated, the balance of each savings trust account shall be paid to the account owner, to the extent possible, and any unclaimed assets shall escheat to the state in accordance with general law regarding unclaimed property.


Added by Acts 2001, 77th Leg., ch. 1250, Sec. 1, eff. June 15, 2001.


SUBCHAPTER H. PREPAID TUITION UNIT UNDERGRADUATE EDUCATION PROGRAM: TEXAS TOMORROW FUND II



Sec. 54.751. DEFINITIONS. In this subchapter:


(1) "Accredited out-of-state institution of higher education" means a public or private institution of higher education that:


(A) is located outside this state; and


(B) is accredited by a recognized accrediting agency.


(2) "Beneficiary" means the person designated under a prepaid tuition contract as the person entitled to apply one or more tuition units purchased under the contract to the payment of the person's undergraduate tuition and required fees at a general academic teaching institution, two-year institution of higher education, private or independent institution of higher education, medical and dental unit, career school, or accredited out-of-state institution of higher education.


(3) "Board" means the Prepaid Higher Education Tuition Board.


(3-a) "Career school" means a career school or college as defined by Section 132.001 that offers a two-year associate degree as approved by the Texas Higher Education Coordinating Board.


(4) "Fund" means the Texas tomorrow fund II.


(5) "General academic teaching institution" has the meaning assigned by Section 61.003, except that the term does not include a public state college.


(6) "Prepaid tuition contract" means a contract under which a person purchases from the board on behalf of a beneficiary one or more tuition units that the beneficiary is entitled to apply to the payment of the beneficiary's undergraduate tuition and required fees at a general academic teaching institution, two-year institution of higher education, private or independent institution of higher education, medical and dental unit, career school, or accredited out-of-state institution of higher education.


(7) "Medical and dental unit," "private or independent institution of higher education," "public junior college," "public state college," "public technical institute," and "recognized accrediting agency" have the meanings assigned by Section 61.003.


(8) "Program" means the prepaid tuition unit undergraduate education program.


(9) "Purchaser" means a person who enters into a prepaid tuition contract with the board on behalf of a beneficiary for the purchase of one or more tuition units.


(10) "Required fee" means a fee, other than a laboratory fee for a specific course, that is charged by a public or private institution of higher education to all students at the institution who are not exempt from the fee. For purposes of this subdivision, a fee is a required fee only to the extent that the fee is considered a qualified higher education expense under Internal Revenue Code provisions applicable to the program.


(11) "Two-year institution of higher education" means a public junior college, a public state college, and a public technical institute.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 560 (S.B. 1941), Sec. 2, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 8, eff. June 10, 2019.


Sec. 54.752. POWERS AND DUTIES OF BOARD CONCERNING PROGRAM. (a) In addition to carrying out duties assigned under Subchapters F and G, the Prepaid Higher Education Tuition Board shall administer the prepaid tuition unit undergraduate education program established under this subchapter. The board shall comply with federal and state law related to the program.


(b) In addition to the board's powers assigned under Subchapters F and G, the board has the powers necessary or proper to carry out this subchapter, including the power to:


(1) adopt rules to implement this subchapter;


(2) sue and be sued;


(3) enter into contracts and other necessary instruments;


(4) enter into agreements or other transactions with the United States, state agencies, general academic teaching institutions, two-year institutions of higher education, and local governments;


(5) appear on its own behalf before governmental agencies;


(6) contract for necessary goods and services, including specifying in the contract duties to be performed by the provider of a good or service that are a part of or are in addition to the person's primary duties under the contract;


(7) engage the services of private consultants, actuaries, trustees, records administrators, managers, legal counsel, and auditors for administrative or technical assistance;


(8) solicit and accept gifts, grants, loans, and other aid from any source or participate in any other way in any government program to carry out this subchapter;


(9) impose administrative fees;


(10) contract with a person to market the program;


(11) purchase liability insurance covering the board and employees and agents of the board; and


(12) establish other policies, procedures, and eligibility criteria to implement this subchapter.


(c) In marketing the program, regardless of whether the board markets the program directly or under contract as authorized by Subsection (b)(10), the board, in coordination with the Health and Human Services Commission, the Texas Workforce Commission, and the Texas Higher Education Coordinating Board, shall ensure that:


(1) the program is marketed across the state in a manner that promotes the participation goals and targets of the most recent revision of "Closing the Gaps," the state's master plan for higher education; and


(2) any marketing plan for the program includes a specific strategy to promote enrollment in the program by persons likely to qualify for federal earned income tax credits.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Sec. 54.753. PREPAID TUITION UNITS: PURCHASE; ASSIGNED VALUE; TYPES; PRICE. (a) Under the program, a purchaser may prepay the costs of all or a portion of a beneficiary's undergraduate tuition and required fees at a general academic teaching institution, two-year institution of higher education, private or independent institution of higher education, medical and dental unit, career school, or accredited out-of-state institution of higher education by entering into a prepaid tuition contract with the board to purchase one or more tuition units of a type described by this section at the applicable price established by the board for that type of unit for the year in which the unit is purchased. The portion of the beneficiary's undergraduate tuition and required fees for which a tuition unit may be redeemed at a particular general academic teaching institution or two-year institution of higher education is assigned to the tuition unit at the time of purchase, and the tuition unit may be redeemed to pay that portion of the tuition and fees at the general academic teaching institution or two-year institution of higher education in any academic year in which the unit is redeemed in accordance with this subchapter. The purchaser may purchase one type of unit or a combination of two or three types of units.


(b) The assigned value of a tuition unit, purchased as provided by this section, when used to pay the cost of tuition and required fees at a general academic teaching institution or two-year institution of higher education, is equal to one percent of the amount necessary for the academic year in which the unit is redeemed to cover the applicable cost of undergraduate resident tuition and required fees for one academic year consisting of 30 semester credit hours as follows:


(1) for a Type I tuition unit, the cost of undergraduate resident tuition and required fees charged by the general academic teaching institution with the highest such tuition and fee costs, determined as provided by Subsection (d);


(2) for a Type II tuition unit, the weighted average undergraduate resident tuition and required fees charged by general academic teaching institutions, determined as provided by Subsection (e); and


(3) for a Type III tuition unit, the weighted average undergraduate resident tuition and required fees of two-year institutions of higher education, determined as provided by Subsection (f).


(c) Each year, the board shall establish the price at which each type of tuition unit may be purchased during the next sales period and the percentage of the total cost of undergraduate resident tuition and required fees for one academic year consisting of 30 semester credit hours for which each type of tuition unit may be redeemed at each general academic teaching institution and two-year institution. The percentage shall be based on the total cost of required tuition and fees at a particular general academic teaching institution or two-year institution of higher education in relation to the amount determined for the institution with the highest cost or weighted average cost, as applicable. The purchase price established for each type of unit must be equal to the applicable cost of tuition and required fees as determined under this section for the most recent academic year that began before the beginning of the sales period. The sales period to which those prices apply expires on the first anniversary of the date the units become available for purchase at the prices established for that year.


(c-1) On or before June 1, each general academic teaching institution and each two-year institution of higher education shall annually provide information for the next fall semester to the board in a format requested by the board, to assist the board in determining tuition unit sales prices for the next sales period and redemption values for the next academic year.


(d) The board shall base the purchase price of a Type I tuition unit on one percent of the cost of the undergraduate resident tuition and required fees for the applicable academic year at the general academic teaching institution with the highest such tuition and fee cost for that academic year.


(e) The board shall base the purchase price of a Type II tuition unit on one percent of the cost of the weighted average general academic teaching institution undergraduate resident tuition and required fees for the applicable academic year. That cost is determined by:


(1) for each general academic teaching institution, multiplying the average amount of the institution's undergraduate resident tuition and required fees for an academic year consisting of 30 semester credit hours by the number of full-time equivalent undergraduate resident students at that institution;


(2) adding together the products computed under Subdivision (1) for each institution; and


(3) dividing the sum determined under Subdivision (2) by the total number of full-time equivalent undergraduate resident students at all general academic teaching institutions.


(f) The board shall base the purchase price of a Type III tuition unit on one percent of the cost of the weighted average two-year institution of higher education undergraduate resident tuition and required fees for the applicable academic year, disregarding any portion of the tuition charged by a public junior college to a resident of this state who does not reside within the taxing jurisdiction of the junior college. That cost is determined by:


(1) for each two-year institution of higher education, multiplying the average amount of the institution's undergraduate resident tuition and required fees for an academic year consisting of 30 semester credit hours by the number of full-time equivalent undergraduate resident students at that institution;


(2) adding together the products computed under Subdivision (1) for each institution; and


(3) dividing the sum determined under Subdivision (2) by the total number of full-time equivalent undergraduate resident students at all two-year institutions of higher education.


(g) The total amount paid under a prepaid tuition contract on behalf of a single beneficiary may not exceed any limit established on the amount by Section 529, Internal Revenue Code of 1986. The board shall establish, in compliance with Section 529, Internal Revenue Code of 1986, the minimum amount that the purchaser is required to pay under the contract on behalf of a single beneficiary.


(h) At the time of the establishment of the account to which a purchaser's prepaid tuition contract money is assigned, the board may impose an administrative fee not to exceed $25. Money from that fee must be used directly in maintaining the actuarial soundness of the fund as required by Section 54.770. The board may not impose any other fee or charge in connection with the sale of a tuition unit.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 560 (S.B. 1941), Sec. 4, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 9, eff. June 10, 2019.


Sec. 54.754. REDEMPTION OF TUITION UNITS. (a) In accordance with this subchapter, when a beneficiary under a prepaid tuition contract redeems one or more tuition units to pay costs of tuition and required fees, the board shall apply money in the fund, in the amount provided by Section 54.765 to pay all or the applicable portion of the costs of the beneficiary's tuition and required fees at the general academic teaching institution, two-year institution of higher education, private or independent institution of higher education, medical and dental unit, or accredited out-of-state institution of higher education in which the beneficiary enrolls. Subject to Subsection (b)(2) and the other provisions of this section, a beneficiary may redeem any type of tuition unit for attendance at an institution or unit described by this section. A general academic teaching institution or two-year institution of higher education shall accept the amount transferred to the institution under Section 54.765(c) when the unit or units are redeemed as payment for all or the applicable portion of the beneficiary's tuition and required fees.


(b) To pay for the entire cost of undergraduate resident tuition and required fees for an academic year consisting of 30 semester credit hours, redemption of 100 Type I tuition units is required at the general academic teaching institution with the highest tuition and fee cost as described by Section 54.753(d), redemption of 100 Type II tuition units is required at a general academic teaching institution with the applicable tuition and fee cost at the weighted average as described by Subsection (e) of that section, and redemption of 100 Type III units is required at a two-year institution of higher education with the applicable tuition and fee cost at the weighted average as described by Subsection (f) of that section. The number of tuition units that must be redeemed to pay for the entire cost of tuition and required fees for an academic year at another general academic teaching institution or two-year institution of higher education may be higher or lower:


(1) in proportion to the amount that the cost of tuition and required fees at that institution is higher or lower than the amount determined for the institution with the highest cost or weighted average cost, as applicable; or


(2) if a more or less valuable type of tuition unit is redeemed.


(c) To assist purchasers in determining the number of tuition units a beneficiary must redeem to cover the costs of tuition and required fees at general academic teaching institutions and two-year institutions of higher education, each year the board shall prepare a tuition unit redemption chart and shall post the chart on an Internet website. The chart must show for each general academic teaching institution and for each two-year institution of higher education the number of each type of units purchased that year that would be required to cover the cost of tuition and required fees, based on an academic year consisting of 30 semester credit hours.


(d) If a beneficiary redeems fewer tuition units of the type or combination of types necessary to pay the total cost of the beneficiary's tuition and required fees at the general academic teaching institution, two-year institution of higher education, private or independent institution of higher education, medical and dental unit, career school, or accredited out-of-state institution of higher education at which the beneficiary enrolls, the beneficiary is responsible for paying the amount of the difference between the amount of tuition and required fees for which the beneficiary pays through the redemption of one or more tuition units and the total cost of the beneficiary's tuition and required fees at the institution or unit.


(d-1) A beneficiary who redeems one or more Type III tuition units to attend a public junior college and who does not reside within the taxing jurisdiction of the junior college is responsible for paying any portion of the tuition charged by the junior college to persons who do not reside within that taxing jurisdiction.


(e) If the beneficiary redeems fewer tuition units to pay the cost of tuition and required fees than the number of units purchased on behalf of the beneficiary under a prepaid tuition contract, other than to defer redemption as permitted in accordance with Section 54.758, the purchaser may:


(1) redeem for cash the amount of the purchase price of the excess units, plus annual interest earned on that money, accrued at a rate set by the board not to exceed five percent annually; or


(2) transfer the remaining units to another beneficiary in accordance with this subchapter.


(f) A beneficiary or purchaser may not redeem a tuition unit earlier than the third anniversary of the date the unit was purchased.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 560 (S.B. 1941), Sec. 5, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 10, eff. June 10, 2019.


Sec. 54.755. PREPAID TUITION CONTRACT. (a) The board shall adopt a form for a prepaid tuition contract to be used by the board and purchasers.


(b) A prepaid tuition contract must:


(1) specify the terms under which the purchaser must pay any amounts owed under the contract;


(2) specify the consequences of default;


(3) specify the name and date of birth of the beneficiary under the contract and the terms under which another person may be substituted as the beneficiary;


(4) specify the date the beneficiary is projected to graduate from high school; and


(5) contain any other provisions the board considers necessary or appropriate.


(c) A prepaid tuition contract may provide for the purchase of additional tuition units in subsequent years at the then-current price of the additional units.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Sec. 54.756. PURCHASER; BENEFICIARY. (a) A purchaser may be any person who is permitted to be a purchaser under Section 529, Internal Revenue Code of 1986. The purchaser is not required to be a resident of this state, except as provided by Subsection (c)(2).


(b) In accordance with applicable provisions of Section 529, Internal Revenue Code of 1986, a purchaser is the owner of the account to which the purchaser's prepaid tuition contract money is assigned.


(c) At the time the purchaser enters into a prepaid tuition contract, the beneficiary of the contract must be:


(1) a resident of this state at the time the purchaser enters into the contract; or


(2) a nonresident who is the child of a parent who is a resident of this state at the time that parent enters into the contract.


(d) For purposes of Subsection (c), the board may require a reasonable period of residence in this state for a beneficiary or the parent of a beneficiary.


(e) Notwithstanding any provision of Subchapter B, the tuition and required fees charged by a general academic teaching institution or two-year institution of higher education that are paid for with tuition units shall be determined as if the beneficiary of that contract were a resident student.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Sec. 54.757. CONTRACT PAYMENT. (a) The board may provide for the receipt of payment under prepaid tuition contracts in lump sums or installment payments. If the board allows payments under a contract to be made in installments over a period longer than one year, the board must provide for a plan that permits those payments to be made in single annual installments in addition to any other permitted installment plans.


(b) A purchaser may make payments under a prepaid tuition contract by an electronic funds transfer.


(c) An employee of this state or a political subdivision of this state may make payments under a prepaid tuition contract by payroll deductions made by the appropriate officer of the state or political subdivision. The board shall implement procedures to facilitate payments under this subsection.


(d) The board may impose a fee for a late payment under a prepaid tuition contract.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Sec. 54.758. DEFERRED USE OF PREPAID CREDIT HOURS. (a) A prepaid tuition contract must permit the beneficiary to elect to pay from a source other than tuition units purchased under the contract the beneficiary's tuition and required fees for some or all of the tuition and required fees to which the beneficiary is entitled to payment under the contract, and to defer to a subsequent semester or other academic term the right to payment of the beneficiary's tuition and required fees by using tuition units remaining under the contract.


(b) This section does not affect the date on which a prepaid tuition contract terminates under this subchapter and does not give the beneficiary the right to a payment under the contract after termination of the contract.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Sec. 54.759. CHANGE OF BENEFICIARY. (a) The purchaser of a prepaid tuition contract may designate a different beneficiary in place of the original beneficiary if the new beneficiary meets the requirements of a beneficiary on the date the designation is changed. The new beneficiary must meet the requirements of Section 529, Internal Revenue Code of 1986, to prevent the change of beneficiary from being treated as a distribution under that law.


(b) The board may adjust the terms of the contract so that the purchaser is required to pay the amount the purchaser would have been required to pay had the purchaser originally designated the new beneficiary as the beneficiary, taking into account any payments made before the date the designation is changed.


(c) The board may not impose a fee in connection with the designation of a new beneficiary.


(d) The purchaser of a prepaid tuition contract may not sell the contract.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Sec. 54.760. VERIFICATION UNDER OATH. The board may require a purchaser to verify under oath a request to:


(1) change a beneficiary; or


(2) terminate a contract.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Sec. 54.761. PROMISE OR GUARANTEE OF ADMISSION. This subchapter is not a promise or guarantee that a beneficiary will be:


(1) admitted to any public or private institution of higher education;


(2) admitted to a particular public or private institution of higher education;


(3) allowed to continue enrollment at a public or private institution of higher education; or


(4) graduated from a public or private institution of higher education.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Sec. 54.762. CONTRACT TERMINATION. (a) A prepaid tuition contract shall specify:


(1) the name of any person who may terminate the contract; and


(2) the terms under which the contract may be terminated.


(b) A prepaid tuition contract terminates on the 10th anniversary of the date the beneficiary is projected to graduate from high school, not counting time spent by the beneficiary as an active duty member of the United States armed services.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Sec. 54.763. REFUND. (a) A prepaid tuition contract shall specify:


(1) the name of the person entitled to any refund if the contract is terminated;


(2) the terms under which a person is entitled to a refund; and


(3) the method by which the amount of the refund is computed.


(b) The person named in the contract is entitled to a refund following termination of a prepaid tuition contract.


(c) The board shall determine the method by which the amount of the refund is computed.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Sec. 54.764. FUND. (a) The Texas tomorrow fund II prepaid tuition unit undergraduate education program fund is established as a trust fund outside of the state treasury.


(b) The board shall:


(1) deposit in the fund money paid under prepaid tuition contracts; and


(2) credit to the fund income earned on that money.


(c) The board shall provide for administering the assets of the fund and establishing and administering the accounts of purchasers under prepaid tuition contracts.


(d) The board shall provide for assigning payments to the fund to separate accounts for purchasers and may provide for assigning payments to other general accounts as otherwise considered appropriate by the board.


(e) The board may provide for acquiring, holding, managing, purchasing, selling, assigning, trading, transferring, or disposing of any security, evidence of indebtedness, or other investment in which the fund's assets may be invested.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Sec. 54.765. COMPTROLLER'S DUTIES; TRANSFERS TO INSTITUTIONS ON REDEMPTION OF TUITION UNITS. (a) Except as provided by Subsection (h), the comptroller is the custodian of the assets of the fund.


(b) The comptroller shall pay money from the fund supported only by a voucher signed by the comptroller or the comptroller's authorized representative. The comptroller may designate the plan manager as the comptroller's authorized representative to pay expenditures or transfer funds under this section and Sections 54.766 and 54.767.


(c) When a beneficiary enrolls at a general academic teaching institution or two-year institution of higher education, on written authorization from the purchaser of the tuition unit or units for that beneficiary, the comptroller or the comptroller's authorized representative shall transfer to the institution an amount equal to the lesser of:


(1) the sum of:


(A) the total purchase price of the tuition unit or units the beneficiary redeems for the semester or other academic term; and


(B) the amount determined under Subsection (d); or


(2) an amount equal to 101 percent of the amount of tuition and required fees covered by the tuition units being redeemed.


(d) The amount required to be transferred under Subsection (c)(1)(B) is the greater of:


(1) an amount equal to the portion of the actual total return on all investment assets of the fund attributable to the amount transferred under Subsection (c)(1)(A); or


(2) an amount equal to the portion of the total return on all investment assets of the fund attributable to the amount transferred under Subsection (c)(1)(A) that would result assuming an annual return on all investment assets of the fund of five percent, subject to the availability of money in the fund for that purpose.


(e) If the amount that would otherwise be transferred under Subsections (c)(1)(A) and (B) exceeds the amount that may be transferred under Subsection (c)(2), the excess amount shall be retained in the fund and used as necessary to provide sufficient money to meet the minimum transfer requirements under Subsection (c)(1)(B) as specified by Subsection (d).


(f) When a beneficiary enrolls at a private or independent institution of higher education, medical and dental unit, career school, or accredited out-of-state institution of higher education, on written authorization from the purchaser of the tuition unit or units for that beneficiary, the comptroller or the comptroller's authorized representative shall transfer to the institution the lesser of:


(1) an amount equal to the current cost of the tuition and required fees that would be covered by redemption of the number and type of tuition units the beneficiary is redeeming if the beneficiary were redeeming the unit or units at a general academic teaching institution or two-year institution of higher education as follows:


(A) for a Type I unit, at the general academic teaching institution that had the highest tuition and required fee cost;


(B) for a Type II unit, at a general academic teaching institution that had tuition and required fee cost at the weighted average; and


(C) for a Type III unit, at a two-year institution of higher education that had tuition and required fee cost at the weighted average; or


(2) an amount equal to the total purchase price of the tuition unit or units the beneficiary redeems for the semester or other academic term plus the portion of the total return on assets of the fund attributable to that amount.


(g) The comptroller annually shall provide to the board a sworn statement of the amount of the fund's assets in the comptroller's or plan manager's custody. The plan manager shall provide to the comptroller a quarterly report of all funds distributed during the previous quarter. The comptroller may require more frequent reports or may request that the plan manager provide any additional information at any time necessary to ensure that the fund's assets are adequately protected.


(h) The board may select one or more commercial banks, depository trust companies, or other entities to serve as custodian of all or part of the fund's assets.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.010, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 560 (S.B. 1941), Sec. 6, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 11, eff. June 10, 2019.


Sec. 54.766. INVESTMENT OF FUND ASSETS. (a) The board shall provide for investing the assets of the fund. In investing the fund, the board has the same investment authority as that provided by Section 11b, Article VII, Texas Constitution, or other law, to the board of regents of The University of Texas System with respect to the investment of the Permanent University Fund. The board and the board of regents of The University of Texas System may contract for the board of regents to manage and invest the assets of the fund, and for that purpose the board may delegate its duties under this section to the board of regents.


(b) If the board does not contract with the board of regents of The University of Texas System under Subsection (a) to manage and invest the assets of the fund, the board shall contract with one or more private professional investment managers to serve as plan manager and to invest the assets of the fund on behalf of the board. In selecting a manager, the board must:


(1) select a person who has served as a professional investment manager for at least 10 years;


(2) evaluate each person considered for the position based on the historical net returns of the person's professional investments and the consistency of the person's professional investment returns over a period of at least five years; and


(3) comply with Section 54.704.


(c) In monitoring the manager's investments, the board shall ensure that investments are made according to the standard of investment provided by this section. The plan manager has the same duties imposed on a plan manager by Section 54.705.


(d) The board shall develop written objectives concerning the investment of the assets of the fund. The objectives may address desired rates of return, risks involved, investment time frames, and any other relevant considerations.


(e) The board may specify in a contract under this section that the plan manager is required to establish and maintain an Internet website through which a purchaser may monitor the account to which the purchaser's prepaid tuition contract money is assigned.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Sec. 54.767. USE OF FUND ASSETS. The assets of the fund may be used only to:


(1) pay the costs of program administration and operations;


(2) make payments to general academic teaching institutions, two-year institutions of higher education, private or independent institutions of higher education, medical and dental units, career schools, and accredited out-of-state institutions of higher education on behalf of beneficiaries; and


(3) make refunds under prepaid tuition contracts.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 560 (S.B. 1941), Sec. 7, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 12, eff. June 10, 2019.


Sec. 54.7671. TRANSFERS AMONG 529 PLANS. (a) The board by rule shall provide for a purchaser to transfer money between an account under this subchapter and an account under another plan established by this state or by another state or other authorized entity in accordance with Section 529, Internal Revenue Code of 1986, to the extent and in the manner authorized by that section.


(b) For purposes of a transfer of money from an account under this subchapter, the value of the account at the time of transfer is the lesser of:


(1) an amount equal to the cost, at the time of the transfer, of the tuition and required fees that would be covered by redemption of the number and type of tuition units to be transferred from the account if the beneficiary were redeeming the units at a general academic teaching institution or two-year institution of higher education as follows:


(A) for a Type I unit, at the general academic teaching institution that had the highest tuition and required fee cost;


(B) for a Type II unit, at a general academic teaching institution that had tuition and required fee cost at the weighted average; and


(C) for a Type III unit, at a two-year institution of higher education that had tuition and required fee cost at the weighted average; or


(2) an amount equal to the total purchase price of the tuition units to be transferred from the account, plus the portion of the total return on assets of the fund attributable to that amount.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 560 (S.B. 1941), Sec. 8, eff. June 19, 2009.



Text of section effective until January 01, 2022



Sec. 54.768. EXEMPTION FROM SECURITIES LAWS. The registration requirements of The Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes) do not apply to the sale of a prepaid tuition contract by the board or by a registered securities dealer or registered investment adviser.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.08, eff. January 1, 2022.



Text of section effective on January 01, 2022



Sec. 54.768. EXEMPTION FROM SECURITIES LAWS. The registration requirements of The Securities Act (Title 12, Government Code) do not apply to the sale of a prepaid tuition contract by the board or by a registered securities dealer or registered investment adviser.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.08, eff. January 1, 2022.


Sec. 54.769. EXEMPTION FROM CREDITORS' CLAIMS. (a) Money in the fund is exempt from claims of creditors, including claims of creditors of a purchaser, a beneficiary, or a successor in interest of a purchaser or beneficiary.


(b) The rights of a purchaser, beneficiary, or successor in interest of a purchaser or beneficiary in and under a prepaid tuition contract and the payment of tuition and required fees for a beneficiary under a prepaid tuition contract to a general academic teaching institution, two-year institution of higher education, private or independent institution of higher education, medical and dental unit, career school, or accredited out-of-state institution of higher education under this chapter are exempt from attachment, levy, garnishment, execution, and seizure for the satisfaction of any debt, judgment, or claim against a purchaser, beneficiary, or successor in interest of a purchaser or beneficiary.


(c) A claim or judgment against a purchaser, beneficiary, or successor in interest of a purchaser or beneficiary does not impair or entitle the claim or judgment holder to assert or enforce a lien against:


(1) the rights of a purchaser, beneficiary, or successor in interest of a purchaser or beneficiary in and under a prepaid tuition contract; or


(2) the right of a beneficiary to the payment of tuition and required fees to a general academic teaching institution, two-year institution of higher education, private or independent institution of higher education, medical and dental unit, career school, or accredited out-of-state institution of higher education under a prepaid tuition contract.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 560 (S.B. 1941), Sec. 9, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 13, eff. June 10, 2019.


Sec. 54.770. ACTUARIAL SOUNDNESS OF FUND. (a) The board shall administer the fund in a manner that is sufficiently actuarially sound to pay the costs of program administration and operations and to meet the obligations of the program.


(b) The board shall annually evaluate the actuarial soundness of the fund.


(c) The board may adjust the terms of subsequent prepaid tuition contracts as necessary to ensure the actuarial soundness of the fund.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Sec. 54.771. COMPLIANCE WITH LIMITS ON CONTRIBUTIONS AND WITHDRAWALS. The board shall monitor contributions to and withdrawals from the fund and any account within the fund to ensure that any applicable limits on contributions or withdrawals are not exceeded.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Sec. 54.772. TAX EXEMPT STATUS REQUIREMENTS. (a) This section is intended to meet the requirements of Section 529, Internal Revenue Code of 1986.


(b) A payment of an amount due to the fund for a prepaid tuition contract must be made in cash or cash equivalent. A person may not make a payment to the fund in excess of the amounts required to be paid under a prepaid tuition contract.


(c) The board shall maintain a separate accounting for each beneficiary.


(d) The purchaser under a prepaid tuition contract and the beneficiary under the contract may not:


(1) control or direct the investment of payments under the contract or any earnings of the fund; or


(2) use any interest in the contract as security for a loan or other obligation.


(e) The board shall make reports required by the secretary of the United States Treasury.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Sec. 54.773. SUSPENSION OF NEW ENROLLMENT; PROGRAM MODIFICATION OR TERMINATION. (a) On the request of the comptroller as the comptroller considers necessary to ensure the actuarial soundness of the fund, the board may temporarily suspend new enrollment in the program.


(b) If the comptroller determines that the program is financially infeasible, the comptroller shall notify the governor and the legislature and recommend that the program be modified or terminated.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Sec. 54.774. EFFECT OF PROGRAM TERMINATION ON CONTRACT. (a) A prepaid tuition contract remains in effect after the program is terminated if, when the program is terminated, the beneficiary:


(1) has been accepted by or is enrolled at a general academic teaching institution, two-year institution of higher education, private or independent institution of higher education, medical and dental unit, career school, or accredited out-of-state institution of higher education; or


(2) is projected to graduate from high school not later than the third anniversary of the date the program is terminated.


(b) A prepaid tuition contract terminates when the program is terminated if the contract does not remain in effect under Subsection (a).


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 560 (S.B. 1941), Sec. 10, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 14, eff. June 10, 2019.


Sec. 54.775. CONFIDENTIALITY. (a) Records in the custody of the board relating to the participation of specific purchasers and beneficiaries in the program are confidential.


(b) Notwithstanding Subsection (a), the board may release information described by that subsection to a general academic teaching institution, two-year institution of higher education, private or independent institution of higher education, medical and dental unit, career school, or accredited out-of-state institution of higher education at which a beneficiary may enroll or is enrolled. The institution or unit shall keep the information confidential.


(c) Notwithstanding any other provision of this subchapter, the board may release information to the Internal Revenue Service and to any state tax agencies as required by applicable tax law.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 560 (S.B. 1941), Sec. 11, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 15, eff. June 10, 2019.


Sec. 54.776. STATEMENT REGARDING STATUS OF PREPAID TUITION CONTRACT. Not later than January 31 of each year, the board shall provide without charge to each purchaser a statement of:


(1) the amount paid by the purchaser under the prepaid tuition contract;


(2) the total number of each type of tuition unit covered by the contract at any one time;


(3) the number of each type of tuition unit remaining under the contract;


(4) the value of the purchasers' tuition units if redeemed at any general academic teaching institution or two-year institution of higher education designated for that year by the purchaser in the time and manner required by the board, not to exceed five institutions; and


(5) any other information the board determines by rule is necessary or appropriate.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 16, eff. June 10, 2019.


Sec. 54.777. INFORMATION REQUIRED FOR ANNUAL REPORT. (a) The board shall maintain the following information for the purpose of inclusion in the annual report under Section 54.642:


(1) the fiscal transactions of the board and the plan manager under this subchapter during the preceding fiscal year;


(2) the market and book value of the fund as of the end of the preceding fiscal year;


(3) the asset allocations of the fund expressed in percentages of stocks, fixed income, cash, or other financial investments;


(4) the rate of return on the investment of the fund's assets during the preceding fiscal year; and


(5) an actuarial valuation of the assets and liabilities of the program, including the extent to which the program's liabilities are unfunded.


(b) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(4), eff. September 1, 2013.


(c) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(4), eff. September 1, 2013.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 15, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 16, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(4), eff. September 1, 2013.


Sec. 54.778. AUDIT. The fund and the operations of the board are subject to audit by the state auditor in accordance with Chapter 321, Government Code.


Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.


SUBCHAPTER I. TEXAS SAVE AND MATCH PROGRAM



Sec. 54.801. DEFINITIONS. In this subchapter:


(1) "Accredited out-of-state institution of higher education," "career school," "general academic teaching institution," "private or independent institution of higher education," and "two-year institution of higher education" have the meanings assigned by Section 54.751.


(2) "Beneficiary" means a beneficiary on whose behalf a purchaser enters into a prepaid tuition contract with the board under Subchapter H or for whom a savings trust account is opened under Subchapter G.


(3) "Board" means the Prepaid Higher Education Tuition Board.


(4) "Fund" means the Texas save and match trust fund established under Section 54.808.


(5) "Program" means the Texas Save and Match Program established under this subchapter.


(6) "Program entity" means the Texas Match the Promise Foundation, a Texas nonprofit corporation, or any other tax-exempt charitable organization established by law to implement the program.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 3, eff. June 17, 2011.


Sec. 54.802. TEXAS SAVE AND MATCH PROGRAM. (a) The board, in cooperation with the program entity, shall administer the Texas Save and Match Program, under which money contributed to a savings trust account by an account owner under a higher education savings plan established under Subchapter G or paid by a purchaser under a prepaid tuition contract under Subchapter H on behalf of an eligible beneficiary may be matched with:


(1) contributions made by any person to the program entity for use in making additional savings trust account contributions under Subchapter G or in purchasing additional tuition units under prepaid tuition contracts under Subchapter H; or


(2) money appropriated by the legislature for the program to be used by the board to make additional savings trust account contributions under Subchapter G or to purchase additional tuition units under Subchapter H.


(b) In addition to the board's powers assigned under Subchapters F, G, and H, the board has the powers necessary or proper to carry out its duties under this subchapter, including the power to:


(1) sue and be sued;


(2) enter into contracts and other necessary instruments;


(3) enter into agreements or other transactions with the United States, state agencies, general academic teaching institutions, two-year institutions of higher education, and local governments;


(4) appear on its own behalf before governmental agencies;


(5) contract for necessary goods and services, including specifying in the contract duties to be performed by the provider of a good or service that are a part of or are in addition to the person's primary duties under the contract;


(6) engage the services of private consultants, actuaries, trustees, records administrators, managers, legal counsel, and auditors for administrative or technical assistance;


(7) solicit and accept gifts, grants, donations, loans, and other aid from any source or participate in any other manner in any government program to carry out this subchapter;


(8) impose administrative fees;


(9) contract with a person to market the program;


(10) purchase liability insurance covering the board and employees and agents of the board; and


(11) establish other policies, procedures, and eligibility criteria to implement this subchapter.


(c) Notwithstanding other law, for purposes of Subchapter I, Chapter 659, Government Code:


(1) the program entity is considered an eligible charitable organization entitled to participate in a state employee charitable campaign under Subchapter I, Chapter 659, Government Code; and


(2) a state employee is entitled to authorize a payroll deduction for contributions to the program entity as a charitable contribution under Section 659.132, Government Code.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 3, eff. June 17, 2011.


Sec. 54.803. INITIAL ELIGIBILITY FOR PARTICIPATION IN PROGRAM. (a) To be initially eligible to participate in the program, a beneficiary, at the time a prepaid tuition contract is entered into on the beneficiary's behalf under Subchapter H or a savings trust account is opened on the beneficiary's behalf under Subchapter G, as applicable, must be:


(1) a resident of this state; or


(2) a dependent for purposes of Section 152, Internal Revenue Code of 1986, of a resident of this state.


(b) To be initially eligible to receive matching funds described by Section 54.802(a)(2) under the program, a beneficiary, at the time a prepaid tuition contract is entered into on the beneficiary's behalf under Subchapter H, or a savings trust account is opened on the beneficiary's behalf under Subchapter G, as applicable, must be eligible for free meals under the national free or reduced-price breakfast and lunch program.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 3, eff. June 17, 2011.


Sec. 54.804. LIMITATIONS. A matching account established by the board or program entity on behalf of a beneficiary under this subchapter is forfeited and reverts to the board or program entity on the occurrence of any of the following:


(1) the 10th anniversary of the date the beneficiary is projected to graduate from high school, as indicated by the purchaser in the enrollment contract, except that time spent by the beneficiary as an active duty member of the United States armed services tolls the period described by this subdivision;


(2) a change of beneficiary by the account owner or purchaser of the matched account;


(3) a contract cancellation of the matched account and refund request;


(4) the successful completion by the beneficiary of an associate or bachelor's degree program;


(5) transfer of the matched account to another qualified tuition program of any state that meets the requirements of Section 529, Internal Revenue Code of 1986; or


(6) any other event the board or program entity determines would be inconsistent with the program's purposes.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 3, eff. June 17, 2011.


Sec. 54.805. MATCHING ACCOUNT ADMINISTRATION. (a) A matching account established by the board or program entity on behalf of a beneficiary under this subchapter must be accounted for separately from the beneficiary's prepaid tuition contract balance or savings trust account balance.


(b) To the extent possible, money or tuition units in a beneficiary's matching account shall be used or redeemed after money is used from the beneficiary's savings trust account under Subchapter G or tuition units are redeemed from the prepaid tuition contract for the beneficiary under Subchapter H.


(c) To the extent possible, the board shall include information about a matching account in the periodic statement provided to applicable account owners and purchasers under Subchapters G and H.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 3, eff. June 17, 2011.


Sec. 54.806. CONFIDENTIALITY. (a) Records in the custody of the board or program entity relating to the participation of specific purchasers, beneficiaries, applicants, scholarship recipients, or donors under the program are confidential.


(b) Notwithstanding Subsection (a), the board or program entity may release information described by Subsection (a) to the extent required by a general academic teaching institution, two-year institution of higher education, private or independent institution of higher education, career school, or accredited out-of-state institution of higher education at which a beneficiary may enroll or is enrolled. The institution or school receiving information described by Subsection (a) shall keep the information confidential.


(c) Notwithstanding any other provision of this subchapter, the board or program entity may release information to the Internal Revenue Service or to any state tax agency as required by applicable tax law.


(d) Notwithstanding any other provision of this subchapter, the board or program entity may release information relating to donors who authorize release of that information.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 3, eff. June 17, 2011.


Sec. 54.807. PILOT PROJECTS UNDER PROGRAM. To fulfill the intent of the program, the board may use funds described by Section 54.802(a)(2) to establish pilot projects under the program in an effort to incentivize participation in the higher education savings program under Subchapter G and the prepaid tuition unit undergraduate education program under Subchapter H, including projects that incentivize participation by:


(1) awarding additional matching grants based on a beneficiary's achievement of specified academic goals;


(2) providing initial matching grants and paying application fees;


(3) providing incentives for employers to contribute matching funds to the program; and


(4) creating a program information portal designed to increase program awareness and accessibility among school districts, parents, and students.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 3, eff. June 17, 2011.


Sec. 54.808. TEXAS SAVE AND MATCH TRUST FUND; AGREEMENTS BETWEEN BOARD AND PROGRAM ENTITY REGARDING PROGRAM ENTITY FUNDS. (a) The Texas save and match trust fund is established as a trust fund to be held with the comptroller.


(b) Money in the fund may be spent without appropriation and only to establish matching accounts, make deposits, purchase tuition units, and award matching grants and scholarships under the program and to pay the costs of program administration and operations.


(c) The board may invest, reinvest, and direct the investment of any available money in the fund.


(d) Interest and income from the assets of the fund shall be credited to and deposited in the fund.


(e) The board and the program entity may enter into an agreement under which the board may hold and manage funds of the program entity and provide services to the program entity.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 3, eff. June 17, 2011.


Sec. 54.809. RULES. The board shall adopt rules for the administration of this subchapter.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 3, eff. June 17, 2011.


SUBCHAPTER J. TEXAS ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) PROGRAM



Sec. 54.901. PURPOSES OF PROGRAM. The purposes of this subchapter are as follows:


(1) to encourage and assist individuals and families in saving funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life; and


(2) to provide secure funding for qualified disability expenses on behalf of designated beneficiaries with disabilities that will supplement, but not supplant, benefits provided through private insurance, the Medicaid program under Title XIX of the Social Security Act, the supplemental security income program under Title XVI of the Social Security Act, the beneficiary's employment, and other sources.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


Sec. 54.902. DEFINITIONS. In this subchapter:


(1) "ABLE account" has the meaning assigned by Section 529A, Internal Revenue Code.


(2) "ABLE program" or "program" means the Texas Achieving a Better Life Experience Program created under this subchapter.


(3) "Board" means the Prepaid Higher Education Tuition Board established under Section 54.602.


(4) "Designated beneficiary" means a person with a disability who:


(A) is an eligible individual;


(B) is named as the designated beneficiary of an ABLE account; and


(C) meets any residency requirements established by the board.


(5) "Eligible individual" means a person who has certified to the board that the person is eligible to participate in the ABLE program.


(6) "Financial institution" means a bank, a trust company, a depository trust company, an insurance company, a broker-dealer, a registered investment company or investment manager, the Texas Treasury Safekeeping Trust Company, or another similar financial institution authorized to transact business in this state.


(7) "Internal Revenue Code" means the Internal Revenue Code of 1986.


(8) "Participant" means a designated beneficiary or the parent or custodian or other fiduciary of the beneficiary who has entered into a participation agreement under this subchapter.


(9) "Participation agreement" means an agreement between a participant and the board under this subchapter that conforms to the requirements prescribed by this subchapter.


(10) "Qualified disability expenses" means any expenses related to the eligible individual's blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, and includes expenses for education, housing, transportation, employment training and support, assistive technology and personal support services, health, prevention and wellness, financial management and administrative services, legal fees, oversight and monitoring, a funeral and burial, and other expenses approved under federal regulations adopted under Section 529A, Internal Revenue Code.


(11) "Texas ABLE savings plan account" means the Texas ABLE savings plan account created under Section 54.903.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 296 (S.B. 377), Sec. 1, eff. May 29, 2017.


Sec. 54.903. CREATION OF PROGRAM AND ACCOUNT; ADMINISTRATION. (a) The Texas Achieving a Better Life Experience (ABLE) Program is created under this subchapter. The Texas ABLE savings plan account is established as a trust fund outside of the state treasury.


(b) The board shall administer the ABLE program.


(c) The board, the office of the comptroller, and any manager or other contractor that contracts with the board to provide services under this subchapter are not covered entities for purposes of Chapter 181, Health and Safety Code.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


Sec. 54.904. POWERS AND DUTIES OF BOARD. (a) To establish and administer the ABLE program, the board shall:


(1) develop and implement the program;


(2) adopt rules and establish policies and procedures to implement this subchapter to:


(A) permit the program to qualify as a qualified ABLE program under Section 529A, Internal Revenue Code;


(B) make changes to the program as necessary for the participants in the program to obtain or maintain federal income tax benefits or treatment provided by Section 529A, Internal Revenue Code, and exemptions under federal securities laws; and


(C) make changes to the program as necessary to ensure the program's compliance with all other applicable laws and regulations;


(3) either directly or through a contractual arrangement for investment or plan manager services with a financial institution or plan manager or another qualified entity, develop and provide information for participants and their families necessary to establish and maintain an ABLE account;


(4) enter into agreements with any financial institution or any state or federal agency or contractor or other entity as required to administer the program under this subchapter;


(5) enter into participation agreements with participants;


(6) solicit and accept any gifts, grants, legislative appropriations, and other funds from the state, any unit of federal, state, or local government, or any other person, firm, partnership, or corporation;


(7) invest participant funds in appropriate investment instruments; and


(8) make provision for the payment of costs of administering the program.


(b) The board has all powers necessary or proper to carry out its duties under this subchapter and to effectuate the purposes of this subchapter, including the power to:


(1) sue and be sued;


(2) enter into contracts and other necessary instruments;


(3) enter into agreements or other transactions with the United States, state agencies, and other entities as necessary, including:


(A) an agreement to engage services through a consortium of states; and


(B) an agreement with another entity to act as plan manager;


(4) appear on its own behalf before governmental agencies;


(5) contract for necessary goods and services, including specifying in the contract duties to be performed by the provider of a good or service that are a part of or are in addition to the person's primary duties under the contract;


(6) contract with another state or a consortium of states that administers a qualified ABLE program as authorized by Section 529A, Internal Revenue Code, to provide access in this state to a qualified ABLE program;


(7) engage the services of private consultants, trustees, records administrators, managers, legal counsel, auditors, and other appropriate parties or organizations for administrative or technical assistance;


(8) participate in any government program;


(9) impose fees and charges;


(10) develop marketing plans or promotional materials or contract with a consultant to market the program;


(11) make reports;


(12) purchase liability insurance covering the board and employees and agents of the board;


(13) make changes to the program as necessary for the participants in the program to obtain or maintain federal income tax benefits or treatment provided by Section 529A, Internal Revenue Code, and exemptions under federal securities laws;


(14) establish other policies, procedures, and eligibility criteria to implement this subchapter; and


(15) adopt rules establishing residency requirements for a designated beneficiary, if determined appropriate.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 296 (S.B. 377), Sec. 2, eff. May 29, 2017.


Sec. 54.9045. COLLECTION OF FEES. The board shall collect administrative fees and service charges in connection with any agreement, contract, or transaction relating to the program in amounts not exceeding the amount necessary to recover the cost of establishing and maintaining the program.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


Sec. 54.905. INVESTMENT OF FUNDS. (a) All money paid by a participant in connection with a participation agreement shall be:


(1) deposited into an individual ABLE account held on behalf of that participant in the Texas ABLE savings plan account; and


(2) promptly invested by the board.


(b) The board at least annually shall establish and review the asset allocation and selection of the underlying investments of the ABLE program. The board may delegate this duty to a financial institution, including a financial institution retained by another state or a consortium of states.


(c) The board may delegate to duly appointed financial institutions, including a financial institution retained by another state or a consortium of states, authority to act on behalf of the board in the investment and reinvestment of all or part of the funds and may also delegate to those financial institutions the authority to act on behalf of the board in the holding, purchasing, selling, assigning, transferring, or disposing of any or all of the securities and investments in which the funds in the Texas ABLE savings plan account have been invested, as well as the proceeds from the investment of those funds.


(d) In delegating investment authority to financial institutions, the board may authorize the pooling of funds from the ABLE accounts with other funds administered by the board to maximize returns for participants. If funds from the ABLE accounts are pooled with other funds administered by the board, the board shall track, monitor, report, and record separately all investment activity related to the ABLE accounts, including any earnings and fees associated with each individual ABLE account.


(e) The board may select one or more financial institutions to serve as custodian of all or part of the program's assets.


(f) In the board's discretion, the board may contract with:


(1) one or more financial institutions, including a financial institution retained by another state or a consortium of states, or other entities to serve as plan managers; and


(2) one or more financial institutions, including a financial institution retained by another state or a consortium of states, to invest the money in ABLE accounts.


(g) A contract between the board and a financial institution or other entity to act as plan manager under this subchapter may be for a term of up to five years and may be renewable.


(h) In exercising or delegating investment powers and authority, members of the board shall exercise ordinary business care and prudence under the facts and circumstances prevailing at the time of the action or decision. A member of the board is not liable for any action taken or omitted with respect to the exercise of, or delegation of, those powers and authority if the member discharged the duties of the member's position in good faith and with the degree of diligence, care, and skill that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims.


(i) In administering this subchapter, the board is subject to the board's ethics policy adopted under Section 54.6085.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 296 (S.B. 377), Sec. 3, eff. May 29, 2017.


Sec. 54.906. TREATMENT OF ASSETS. (a) The assets of the ABLE program shall at all times be preserved, invested, and spent only for the purposes provided by this subchapter and in accordance with the participation agreements entered into under this subchapter.


(b) Except as provided by Section 529A, Internal Revenue Code, the state does not have a property right in the assets of the ABLE program.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


Sec. 54.9065. EXCLUSION OF ABLE ACCOUNT ASSETS FROM CERTAIN BENEFIT ELIGIBILITY DETERMINATIONS. Notwithstanding any other provision of state law that requires consideration of the financial circumstances of an applicant for assistance or a benefit provided under that law, the agency making the determination of eligibility for the assistance or benefit may not consider the amount in the applicant's ABLE account, including earnings on that amount, and any distribution for qualified disability expenses in determining the applicant's eligibility to receive and the amount of the assistance or benefit with respect to the period during which the individual maintains the ABLE account.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.



Text of section effective until January 01, 2022



Sec. 54.907. EXEMPTION FROM SECURITIES LAWS. An ABLE account is not a security within the meaning of the term as defined by Section 4, The Securities Act (Article 581-4, Vernon's Texas Civil Statutes), and is exempt from the provisions of The Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes).


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.09, eff. January 1, 2022.



Text of section effective on January 01, 2022



Sec. 54.907. EXEMPTION FROM SECURITIES LAWS. An ABLE account is not a security within the meaning of the term as defined by Section 4001.068, Government Code, and is exempt from the provisions of The Securities Act (Title 12, Government Code).


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.09, eff. January 1, 2022.


Sec. 54.908. PARTICIPATION AGREEMENTS. (a) Under the ABLE program, the board may enter into participation agreements with participants on behalf of designated beneficiaries.


(b) A participation agreement may include the following terms:


(1) the requirements and applicable restrictions for:


(A) opening an ABLE account;


(B) making contributions to an ABLE account; and


(C) directly or indirectly, directing the investment of the contributions or balance of the ABLE account;


(2) the eligibility requirements for a participant to enter into a participation agreement and the rights of that participant;


(3) the administrative fee and other fees and charges applicable to an ABLE account;


(4) the terms and conditions under which an ABLE account or participation agreement may be modified, transferred, or terminated;


(5) the method of disposition of abandoned ABLE accounts; and


(6) any other terms and conditions the board considers necessary or appropriate, including those necessary to conform the ABLE account to the requirements of Section 529A, Internal Revenue Code, or other applicable federal law.


(c) The participation agreement may be amended throughout the term of the agreement, including to allow a participant to increase or decrease the level of participation and to change the designated beneficiary or other matters authorized by this section and Section 529A, Internal Revenue Code.


(d) If the board finds a participant has made a material misrepresentation in the application for a participation agreement or in any communication regarding the ABLE program, the board may liquidate the participant's ABLE account. If the board liquidates an ABLE account under this subsection, the participant is entitled to a refund, subject to any charges or fees provided by the participation agreement and the Internal Revenue Code.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


Sec. 54.9085. ENCUMBRANCE OR TRANSFER OF ACCOUNT PROHIBITED. (a) An ABLE account may not be assigned for the benefit of creditors, used as security or collateral for any loan, or otherwise subject to alienation, sale, transfer, assignment, pledge, encumbrance, or charge.


(b) Notwithstanding Subsection (a), the state is a permissible creditor upon the death of a designated beneficiary for the purposes set forth in Section 529A, Internal Revenue Code.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


Sec. 54.909. USE OF FUND ASSETS. The assets of the program may only be used to:


(1) make distributions to designated beneficiaries;


(2) pay the costs of program administration and operations;


(3) make refunds for cancellations, excess contributions, liquidation under Section 54.908(d), and death, in accordance with a computation method determined by the board;


(4) roll over funds to another ABLE account to the extent authorized by Section 529A, Internal Revenue Code; and


(5) make distributions to the state as authorized by Section 529A, Internal Revenue Code.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


Sec. 54.910. DESIGNATED BENEFICIARY. (a) The participant is the designated beneficiary and the owner of the ABLE account except as described by Subsection (b) and as otherwise permitted by Section 529A, Internal Revenue Code.


(b) If the designated beneficiary of the account is not able to exercise signature authority over the account, or if a designated beneficiary chooses to establish an account but not exercise signature authority, the parent, legal guardian, or other fiduciary of the beneficiary may serve as the participant if permitted by Section 529A, Internal Revenue Code.


(c) A designated beneficiary may own only one ABLE account, and each ABLE account may have only one owner, except as otherwise permitted by Section 529A, Internal Revenue Code.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 527 (S.B. 1184), Sec. 1, eff. June 7, 2019.


Sec. 54.911. VERIFICATION UNDER OATH. The board may require a participant to verify under oath:


(1) the participant's certification as an eligible individual;


(2) the participant's selection to change a designated beneficiary;


(3) the participant's selection to cancel a participation agreement; and


(4) any other information the board may require.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


Sec. 54.912. CANCELLATION. (a) A participant may cancel a participation agreement at will.


(b) Each participation agreement must provide that the agreement may be canceled on the terms and conditions and on payment of applicable fees and costs as provided by rule.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


Sec. 54.913. REPORTS. (a) The board shall comply with the reporting requirements in Section 529A, Internal Revenue Code.


(b) The board shall report financial information related to the ABLE program in an annual financial report in accordance with the comptroller's requirements and guidelines for state agencies.


(c) The board shall include financial information for the ABLE program in the board's annual report posted on the board's website.


(d) The board shall prepare any other reports required by state or federal rules and regulations.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


Sec. 54.914. CONFIDENTIALITY OF RECORDS. (a) Except as otherwise provided by this section, all information relating to the program is public and subject to disclosure under Chapter 552, Government Code.


(b) Information relating to a prospective or current participant or designated beneficiary or to a participation agreement, including any personally identifiable information, is confidential except that the board may disclose that information to:


(1) a participant regarding the participant's account; or


(2) a state or federal agency as necessary to administer the program or as required by Section 529A, Internal Revenue Code, or other federal or state requirements.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


Sec. 54.915. PROGRAM LIMITATIONS. (a) Nothing in this subchapter or in any participation agreement entered into under this subchapter may be construed to guarantee that amounts saved under the program will be sufficient to cover the qualified disability expenses of a designated beneficiary.


(b) Nothing in this subchapter or in any participation agreement entered into under this subchapter may be construed to create any obligation of the state, any agency or instrumentality of the state, or a plan manager to guarantee for the benefit of a participant:


(1) the return of any amount contributed to an account;


(2) the rate of interest or other return on an account; or


(3) the payment of interest or other return on an account.


(c) The board by rule shall require that informational materials used in connection with a contribution to an ABLE account clearly indicate that the account is not insured by this state and that neither the principal deposited nor the investment return is guaranteed by the state.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


Sec. 54.916. TERMINATION OR MODIFICATION OF PROGRAM. (a) If the comptroller determines that the ABLE program is not financially feasible, the comptroller shall notify the governor and the legislature and recommend that the board not administer an ABLE program or that the program be modified or terminated. The program may be terminated only by the legislature.


(b) If the comptroller determines that the ABLE program is not financially feasible, the board may adjust the terms of participation agreements as necessary to ensure the financial feasibility of the program.


(c) If the legislature terminates the ABLE program, the balance of each ABLE account shall be paid to the participant, to the extent possible.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.


For expiration of this section, see Subsection (g).



Sec. 54.917. ABLE PROGRAM ADVISORY COMMITTEE. (a) The ABLE program advisory committee is established to review rules and procedures related to the ABLE program, to provide guidance, suggest changes, and make recommendations for the administration of the program, and to provide assistance as needed to the board and comptroller during the creation of the program.


(b) The comptroller shall appoint at least five and not more than seven members to the advisory committee, including at least one member from each of the following groups:


(1) persons with a disability who qualify for the program;


(2) family members of a person with a disability who qualifies for the program;


(3) representatives of disability advocacy organizations; and


(4) representatives of the financial community.


(c) The comptroller shall appoint a presiding officer.


(d) The advisory committee shall meet quarterly or more frequently as the presiding officer determines is necessary to carry out the responsibilities of the committee.


(e) A member of the advisory committee is not entitled to compensation or reimbursement for travel expenses.


(f) Chapter 2110, Government Code, does not apply to this section.


(g) This section expires and the advisory committee is abolished December 1, 2019.


Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.

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EDUCATION CODE CHAPTER 54. TUITION AND FEES

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EDUCATION CODE TITLE 3. HIGHER EDUCATION SUBTITLE A. HIGHER EDUCATION IN GENERAL CHAPTER 54. TUITION AND FEES SUBCHAPTER A. GENERAL PROVISIONS Sec. 54.001. DEFINITIONS. In this chapter: (1) "Institution of higher education" has the same meaning as is assigned to it by Section 61.003 of this code.

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Promoting extracurricular programs for foster children

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Promoting extracurricular programs for foster children

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EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE E. STUDENTS AND PARENTS



CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE



SUBCHAPTER A. ADMISSION AND ENROLLMENT



Sec. 25.001. ADMISSION. (a) A person who, on the first day of September of any school year, is at least five years of age and under 21 years of age, or is at least 21 years of age and under 26 years of age and is admitted by a school district to complete the requirements for a high school diploma is entitled to the benefits of the available school fund for that year. Any other person enrolled in a prekindergarten class under Section 29.153 is entitled to the benefits of the available school fund.


(b) The board of trustees of a school district or its designee shall admit into the public schools of the district free of tuition a person who is over five and younger than 21 years of age on the first day of September of the school year in which admission is sought, and may admit a person who is at least 21 years of age and under 26 years of age for the purpose of completing the requirements for a high school diploma, if:


(1) the person and either parent of the person reside in the school district;


(2) the person does not reside in the school district but a parent of the person resides in the school district and that parent is a joint managing conservator or the sole managing conservator or possessory conservator of the person;


(3) the person and the person's guardian or other person having lawful control of the person under a court order reside within the school district;


(4) the person has established a separate residence under Subsection (d);


(5) the person is homeless, regardless of the residence of the person, of either parent of the person, or of the person's guardian or other person having lawful control of the person;


(6) the person is a foreign exchange student placed with a host family that resides in the school district by a nationally recognized foreign exchange program, unless the school district has applied for and been granted a waiver by the commissioner under Subsection (e);


(7) the person resides at a residential facility located in the district;


(8) the person resides in the school district and is 18 years of age or older or the person's disabilities of minority have been removed;


(9) the person does not reside in the school district but the grandparent of the person:


(A) resides in the school district; and


(B) provides a substantial amount of after-school care for the person as determined by the board; or


(10) the person and either parent of the person reside in a residence homestead, as defined by Section 11.13(j), Tax Code, that is located on a parcel of property any part of which is located in the school district.


(b-1) A person who is 21 years of age or older and is admitted by a school district for the purpose stated in Subsection (b) is not eligible for placement in a disciplinary alternative education program or a juvenile justice alternative education program if the person engages in conduct that would require or authorize such placement for a student under the age of 21. If the student engages in conduct that would otherwise require such placement, the district shall revoke admission of the student into the public schools of the district.


(b-2) A person who is 21 years of age or older who is admitted by a school district to complete the requirements for a high school diploma and who has not attended school in the three preceding school years may not be placed with a student who is 18 years of age or younger in a classroom setting, a cafeteria, or another district-sanctioned school activity. Nothing in this subsection prevents a student described by this subsection from attending a school-sponsored event that is open to the public as a member of the public.


(c) The board of trustees of a school district or the board's designee may require evidence that a person is eligible to attend the public schools of the district at the time the board or its designee considers an application for admission of the person. The board of trustees or its designee shall establish minimum proof of residency acceptable to the district. The board of trustees or its designee may make reasonable inquiries to verify a person's eligibility for admission.


(c-1) A person whose parent or guardian is an active-duty member of the armed forces of the United States, including the state military forces or a reserve component of the armed forces, may establish residency for purposes of Subsection (b) by providing to the school district a copy of a military order requiring the parent's or guardian's transfer to a military installation in or adjacent to the district's attendance zone.


(c-2) A person who establishes residency as provided by Subsection (c-1) shall provide to the school district proof of residence in the district's attendance zone not later than the 10th day after the arrival date specified in the order described by that subsection. For purposes of this subsection, "residence" includes residence in a military temporary lodging facility.


(d) For a person under the age of 18 years to establish a residence for the purpose of attending the public schools separate and apart from the person's parent, guardian, or other person having lawful control of the person under a court order, it must be established that the person's presence in the school district is not for the primary purpose of participation in extracurricular activities. The board of trustees shall determine whether an applicant for admission is a resident of the school district for purposes of attending the public schools and may adopt reasonable guidelines for making a determination as necessary to protect the best interests of students. The board of trustees is not required to admit a person under this subsection if the person:


(1) has engaged in conduct or misbehavior within the preceding year that has resulted in:


(A) removal to a disciplinary alternative education program; or


(B) expulsion;


(2) has engaged in delinquent conduct or conduct in need of supervision and is on probation or other conditional release for that conduct; or


(3) has been convicted of a criminal offense and is on probation or other conditional release.


(e) A school district may request that the commissioner waive the requirement that the district admit a foreign exchange student who meets the conditions of Subsection (b)(6). The commissioner shall respond to a district's request not later than the 60th day after the date of receipt of the request. The commissioner shall grant the request and issue a waiver effective for a period not to exceed three years if the commissioner determines that admission of a foreign exchange student would:


(1) create a financial or staffing hardship for the district;


(2) diminish the district's ability to provide high quality educational services for the district's domestic students; or


(3) require domestic students to compete with foreign exchange students for educational resources.


(f) A child placed in foster care by an agency of the state or by a political subdivision shall be permitted to attend the public schools in the district in which the foster parents reside free of any charge to the foster parents or the agency. A durational residence requirement may not be used to prohibit that child from fully participating in any activity sponsored by the school district.


(g) A student who was enrolled in a primary or secondary public school before the student entered the conservatorship of the Department of Family and Protective Services and who is placed at a residence outside the attendance area for the school or outside the school district is entitled to continue to attend the school in which the student was enrolled immediately before entering conservatorship until the student successfully completes the highest grade level offered by the school at the time of placement without payment of tuition. The student is entitled to continue to attend the school regardless of whether the student remains in the conservatorship of the department for the duration of the student's enrollment in the school.


(g-1) If a student who is in the conservatorship of the department is enrolled in a primary or secondary public school, other than the school in which the student was enrolled at the time the student was placed in the conservatorship of the department, the student is entitled to continue to attend that school without payment of tuition until the student successfully completes the highest grade level offered by the school at the time of enrollment in the school, even if the child's placement is changed to a residence outside the attendance area for that school or outside the school district. The student is entitled to continue to attend the school regardless of whether the student remains in the conservatorship of the department for the duration of the student's enrollment in the school.


(h) In addition to the penalty provided by Section 37.10, Penal Code, a person who knowingly falsifies information on a form required for enrollment of a student in a school district is liable to the district if the student is not eligible for enrollment in the district but is enrolled on the basis of the false information. The person is liable, for the period during which the ineligible student is enrolled, for the greater of:


(1) the maximum tuition fee the district may charge under Section 25.038; or


(2) the amount the district has budgeted for each student as maintenance and operating expenses.


(i) A school district may include on an enrollment form notice of the penalties provided by Section 37.10, Penal Code, and of the liability provided by Subsection (h) for falsifying information on the form.


(j) For the purposes of this subchapter, the board of trustees of a school district by policy may allow a person showing evidence of legal responsibility for a child other than an order of a court to substitute for a guardian or other person having lawful control of the child under an order of a court.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1019, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.08, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1055, Sec. 2, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 164 (H.B. 25), Sec. 2, eff. May 27, 2005.


Acts 2005, 79th Leg., Ch. 920 (H.B. 283), Sec. 1, eff. June 18, 2005.


Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 1, eff. June 15, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 4.002, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 9, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 3, eff. May 28, 2015.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 1, eff. September 1, 2015.


Acts 2019, 86th Leg., R.S., Ch. 262 (H.B. 1597), Sec. 1, eff. May 28, 2019.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.03, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 823 (H.B. 2526), Sec. 1, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.016, eff. September 1, 2019.


Sec. 25.0011. CERTAIN INCARCERATED CHILDREN. (a) For purposes of Section 25.001, a person is not considered to reside in a school district if:


(1) the person is incarcerated in a private juvenile detention facility in the district as a result of the order of a court in another state; and


(2) the person resided in another state or country immediately before incarceration in the facility.


(b) A school district may provide educational services to a person described by Subsection (a) if the district is fully compensated for the cost of the services through payment of tuition for the person by the operator of the juvenile detention facility or other person having lawful control of the person in an amount equal to the actual cost of educating the person.


(c) For purposes of this section, "private juvenile detention facility" means a juvenile detention facility that is not operated by a governmental entity.


Added by Acts 1999, 76th Leg., ch. 1477, Sec. 30, eff. Sept. 1, 1999.


Sec. 25.002. REQUIREMENTS FOR ENROLLMENT. (a) If a parent or other person with legal control of a child under a court order enrolls the child in a public school, the parent or other person or the school district in which the child most recently attended school shall furnish to the school district:


(1) the child's birth certificate or another document suitable as proof of the child's identity;


(2) a copy of the child's records from the school the child most recently attended if the child has been previously enrolled in a school in this state or another state; and


(3) a record showing that the child has the immunizations as required under Section 38.001, in the case of a child required under that section to be immunized, proof as required by that section showing that the child is not required to be immunized, or proof that the child is entitled to provisional admission under that section and under rules adopted under that section.


(a-1) Information a school district furnishes under Subsections (a)(1) and (2) must be furnished by the district not later than the 10th working day after the date a request for the information is received by the district. Information a parent or other person with legal control of a child under a court order furnishes under Subsections (a)(1) and (2) must be furnished by the parent or other person not later than the 30th day after the date a child is enrolled in a public school. If a parent or other person with legal control of a child under a court order requests that a district transfer a child's student records, the district to which the request is made shall notify the parent or other person as soon as practicable that the parent or other person may request and receive an unofficial copy of the records for delivery in person to a school in another district.


(b) If a child is enrolled under a name other than the child's name as it appears in the identifying document or records, the school district shall notify the missing children and missing persons information clearinghouse of the child's name as shown on the identifying document or records and the name under which the child is enrolled. The information in the notice is confidential and may be released only to a law enforcement agency.


(c) If the information required by Subsection (a) is not furnished to the district within the period provided by that subsection, the district shall notify the police department of the municipality or sheriff's department of the county in which the district is located and request a determination of whether the child has been reported as missing.


(d) When accepting a child for enrollment, the school district shall inform the parent or other person enrolling the child that presenting a false document or false records under this section is an offense under Section 37.10, Penal Code, and that enrollment of the child under false documents subjects the person to liability for tuition or costs under Section 25.001(h).


(e) A person commits an offense if the person enrolls a child in a public school and fails to furnish an identifying document or record relating to the child on the request of a law enforcement agency conducting an investigation in response to a notification under Subsection (c). An offense under this subsection is a Class B misdemeanor.


(f) Except as otherwise provided by this subsection, for a child to be enrolled in a public school, the child must be enrolled by the child's parent or by the child's guardian or other person with legal control of the child under a court order. A school district shall record the name, address, and date of birth of the person enrolling a child.


(g) A school district shall accept a child for enrollment in a public school without the documentation required by Subsection (a) if the Department of Protective and Regulatory Services has taken possession of the child under Chapter 262, Family Code. The Department of Protective and Regulatory Services shall ensure that the documentation required by Subsection (a) is furnished to the school district not later than the 30th day after the date the child is enrolled in the school.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 34, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1514, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 234, Sec. 2, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 164 (H.B. 25), Sec. 3, eff. May 27, 2005.


Sec. 25.0021. USE OF LEGAL SURNAME. In each public school a student must be identified by the student's legal surname as that name appears:


(1) on the student's birth certificate or other document suitable as proof of the student's identity; or


(2) in a court order changing the student's name.


Added by Acts 2001, 77th Leg., ch. 1300, Sec. 1, eff. Sept. 1, 2001.


Sec. 25.0022. FOOD ALLERGY INFORMATION REQUESTED UPON ENROLLMENT. (a) In this section, "severe food allergy" means a dangerous or life-threatening reaction of the human body to a food-borne allergen introduced by inhalation, ingestion, or skin contact that requires immediate medical attention.


(b) On enrollment of a child in a public school, a school district shall request, by providing a form or otherwise, that a parent or other person with legal control of the child under a court order:


(1) disclose whether the child has a food allergy or a severe food allergy that, in the judgment of the parent or other person with legal control, should be disclosed to the district to enable the district to take any necessary precautions regarding the child's safety; and


(2) specify the food to which the child is allergic and the nature of the allergic reaction.


(c) A school district shall maintain the confidentiality of information provided under this section, and may disclose the information to teachers, school counselors, school nurses, and other appropriate school personnel only to the extent consistent with district policy under Section 38.009 and permissible under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).


(d) Except as provided by Subsections (e) and (f), information regarding a child's food allergy, regardless of how it is received by the school or school district, shall be retained in the child's student records but may not be placed in the health record maintained for the child by the school district.


(e) If the school receives documentation of a food allergy from a physician, that documentation shall be placed in the health record maintained for the child by the school district.


(f) A registered nurse may enter appropriate notes about a child's possible food allergy in the health record maintained for the child by the school district, including a notation that the child's student records indicate that a parent has notified the school district of the child's possible food allergy.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1276 (H.B. 742), Sec. 1, eff. June 17, 2011.


Sec. 25.003. TUITION FOR CERTAIN CHILDREN FROM OTHER STATES. (a) Notwithstanding any other provision of this code, a school district shall charge tuition for a child who resides at a residential facility and whose maintenance expenses are paid in whole or in part by another state or the United States.


(b) A tuition charge under this section must be submitted to the commissioner for approval.


(c) The attendance of the child is not counted for purposes of allocating state funds to the district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.09, eff. Sept. 1, 1999.


Sec. 25.0031. TUITION FOR STUDENTS HOLDING CERTAIN STUDENT VISAS. (a) Notwithstanding any other provision of this code, if a student is required, as a condition of obtaining or holding the appropriate United States student visa, to pay tuition to the school district or open-enrollment charter school that the student attends to cover the cost of the student's education provided by the district or charter school, the district or charter school shall accept tuition for the student in an amount equal to the full unsubsidized per capita cost of providing the student's education for the period of the student's attendance at school in the district or at the charter school.


(b) The commissioner shall, for purposes of Subsection (a), develop guidelines for determining the amount of the full unsubsidized per capita cost of providing a student's education. A school district or open-enrollment charter school may not accept tuition in an amount greater than the amount computed under the commissioner's guidelines unless the commissioner approves a greater amount as a more accurate reflection of the cost of education to be provided by the district or charter school.


(c) Notwithstanding any other provision of this code, the attendance of a student for whom a school district or open-enrollment charter school accepts tuition under this section is not counted for purposes of allocating state funds to the district or charter school.


Added by Acts 2013, 83rd Leg., R.S., Ch. 523 (S.B. 453), Sec. 1, eff. June 14, 2013.


Sec. 25.004. TUITION FOR CERTAIN MILITARY DEPENDENTS PROHIBITED. A school district may not charge tuition for the attendance of a student who is domiciled in another state and resides in military housing that is located in the district but is exempt from taxation by the district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 526, Sec. 1, eff. Sept. 11, 2001.


Sec. 25.005. RECIPROCITY AGREEMENTS REGARDING MILITARY PERSONNEL AND DEPENDENTS. (a) To facilitate the transfer of military personnel and their dependents to and from the public schools of this state, the agency shall pursue reciprocity agreements governing the terms of those transfers with other states that are not parties to the Interstate Compact on Educational Opportunity for Military Children adopted under Chapter 162.


(b) A reciprocity agreement must:


(1) address procedures for:


(A) transferring student records;


(B) awarding credit for completed course work; and


(C) permitting a student to satisfy the requirements of Section 39.025 through successful performance on comparable end-of-course or other exit-level assessment instruments administered in another state; and


(2) include appropriate criteria developed by the agency.


Added by Acts 2001, 77th Leg., ch. 1073, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 149, Sec. 24, eff. May 27, 2003; Acts 2003, 78th Leg., ch. 445, Sec. 1, eff. June 20, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 3, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 8 (S.B. 90), Sec. 2, eff. May 5, 2009.


Sec. 25.006. TRANSITION ASSISTANCE FOR MILITARY DEPENDENTS. (a) The legislature finds that:


(1) school-age dependents of military personnel are faced with numerous transitions during their formative years; and


(2) military dependents who move from one school to another during the high school years are faced with special challenges to learning and future achievement.


(b) In recognition of the challenges faced by military dependents and the importance of military families to our community and economy, the agency shall assist the transition of military students from one school to another by:


(1) improving the timely transfer of student records;


(2) developing systems to ease student transition during the first two weeks of enrollment at a new school;


(3) promoting practices that foster student access to extracurricular programs;


(4) establishing procedures to lessen the adverse impact of student moves to a new school after the end of the student's junior year of high school;


(5) encouraging or maintaining partnerships between military bases and affected school districts;


(6) encouraging school districts to provide services for military students in transition when applying for admission to postsecondary study and when seeking sources of funding for postsecondary study; and


(7) providing other assistance as identified by the agency.


(c) The agency shall collect data each year from school districts and open-enrollment charter schools through the Public Education Information Management System (PEIMS) relating to the enrollment of military-connected students. The data relating to the enrollment of military-connected students under this section:


(1) must include the number of active duty military-connected students and the number of National Guard or reserve military-connected students enrolled in the school district or open-enrollment charter school on a date at the beginning of the school year specified by the agency and a date at the end of the school year specified by the agency; and


(2) may not be used for purposes of determining a campus or district performance rating under Section 39.054.


(d) In this section, "military-connected student" means a student enrolled in a school district or open-enrollment charter school who:


(1) is a dependent of a current or former member of:


(A) the United States military;


(B) the Texas National Guard; or


(C) a reserve force of the United States military; or


(2) was a dependent of a member of a military or reserve force described by Subdivision (1) who was killed in the line of duty.


Added by Acts 2005, 79th Leg., Ch. 164 (H.B. 25), Sec. 1, eff. May 27, 2005.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 173 (H.B. 525), Sec. 1, eff. May 25, 2013.


Acts 2019, 86th Leg., R.S., Ch. 269 (S.B. 1557), Sec. 1, eff. May 28, 2019.


Sec. 25.007. TRANSITION ASSISTANCE FOR STUDENTS WHO ARE HOMELESS OR IN SUBSTITUTE CARE. (a) The legislature finds that:


(1) students who are homeless or in substitute care are faced with numerous transitions during their formative years; and


(2) students who are homeless or in substitute care who move from one school to another are faced with special challenges to learning and future achievement.


(a-1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 3.01(2), eff. June 10, 2019.


(b) In recognition of the challenges faced by students who are homeless or in substitute care, the agency shall assist the transition of students who are homeless or in substitute care from one school to another by:


(1) ensuring that school records for a student who is homeless or in substitute care are transferred to the student's new school not later than the 10th working day after the date the student begins enrollment at the school;


(2) developing systems to ease transition of a student who is homeless or in substitute care during the first two weeks of enrollment at a new school;


(3) developing procedures for awarding credit, including partial credit if appropriate, for course work, including electives, completed by a student who is homeless or in substitute care while enrolled at another school;


(4) developing procedures to ensure that a new school relies on decisions made by the previous school regarding placement in courses or educational programs of a student who is homeless or in substitute care and places the student in comparable courses or educational programs at the new school, if those courses or programs are available;


(5) promoting practices that facilitate access by a student who is homeless or in substitute care to extracurricular programs, summer programs, credit transfer services, electronic courses provided under Chapter 30A, and after-school tutoring programs at nominal or no cost;


(6) establishing procedures to lessen the adverse impact of the movement of a student who is homeless or in substitute care to a new school;


(7) entering into a memorandum of understanding with the Department of Family and Protective Services regarding the exchange of information as appropriate to facilitate the transition of students in substitute care from one school to another;


(8) encouraging school districts and open-enrollment charter schools to provide services for a student who is homeless or in substitute care in transition when applying for admission to postsecondary study and when seeking sources of funding for postsecondary study;


(9) requiring school districts, campuses, and open-enrollment charter schools to accept a referral for special education services made for a student who is homeless or in substitute care by a school previously attended by the student, and to provide comparable services to the student during the referral process or until the new school develops an individualized education program for the student;


(10) requiring school districts, campuses, and open-enrollment charter schools to provide notice to the child's educational decision-maker and caseworker regarding events that may significantly impact the education of a child, including:


(A) requests or referrals for an evaluation under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or special education under Section 29.003;


(B) admission, review, and dismissal committee meetings;


(C) manifestation determination reviews required by Section 37.004(b);


(D) any disciplinary actions under Chapter 37 for which parental notice is required;


(E) citations issued for Class C misdemeanor offenses on school property or at school-sponsored activities;


(F) reports of restraint and seclusion required by Section 37.0021;


(G) use of corporal punishment as provided by Section 37.0011; and


(H) appointment of a surrogate parent for the child under Section 29.0151;


(11) developing procedures for allowing a student who is homeless or in substitute care who was previously enrolled in a course required for graduation the opportunity, to the extent practicable, to complete the course, at no cost to the student, before the beginning of the next school year;


(12) ensuring that a student who is homeless or in substitute care who is 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, has the student's course credit accrual and personal graduation plan reviewed;


(13) ensuring that a student in substitute care who is in grade 11 or 12 be provided information regarding tuition and fee exemptions under Section 54.366 for dual-credit or other courses provided by a public institution of higher education for which a high school student may earn joint high school and college credit;


(14) designating at least one agency employee to act as a liaison officer regarding educational issues related to students in the conservatorship of the Department of Family and Protective Services; and


(15) providing other assistance as identified by the agency.


(c) The commissioner may establish rules to implement this section and to facilitate the transition between schools of children who are homeless or in substitute care.


Added by Acts 2009, 81st Leg., R.S., Ch. 850 (S.B. 2248), Sec. 1, eff. June 19, 2009.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 10, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1354 (S.B. 1404), Sec. 1, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 746 (H.B. 1804), Sec. 1, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 822 (H.B. 3748), Sec. 1, eff. June 17, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1206 (S.B. 1494), Sec. 1, eff. June 19, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1206 (S.B. 1494), Sec. 2, eff. June 19, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1206 (S.B. 1494), Sec. 3, eff. June 19, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 5.002, eff. September 1, 2015.


Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 419 (S.B. 1220), Sec. 1, eff. June 1, 2017.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 419 (S.B. 1220), Sec. 2, eff. June 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 3.01(2), eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 781 (H.B. 1709), Sec. 1, eff. June 10, 2019.


Sec. 25.008. ENROLLMENT IN SUMMER SCHOOL COURSE BY PERSON NOT ENROLLED IN DISTRICT. (a) Except as provided by Subsection (b), a school district shall permit a person who is eligible under Section 25.001 to attend school in the district but who is not enrolled in school in the district to enroll in a district summer school course on the same basis as a district student, including:


(1) satisfaction of any course eligibility requirement; and


(2) payment of any fee authorized under Section 11.158 that is charged in connection with the course.


(b) Subsection (a) does not apply to enrollment in a program under Section 29.088 or 29.090 or in a similar intensive program.


Added by Acts 2013, 83rd Leg., R.S., Ch. 344 (H.B. 2137), Sec. 1, eff. June 14, 2013.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.017, eff. September 1, 2019.


SUBCHAPTER B. ASSIGNMENTS AND TRANSFERS



Sec. 25.031. ASSIGNMENTS AND TRANSFERS IN DISCRETION OF GOVERNING BOARD. In conformity with this subchapter, the board of trustees of a school district or the board of county school trustees or a school employee designated by the board may assign and transfer any student from one school facility or classroom to another within its jurisdiction.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.032. BASIS FOR ASSIGNMENT OR TRANSFER. The board of trustees of a school district, the board of county school trustees, or the person acting for the board must make the decision concerning the assignment or transfer of a student on an individual basis and may not consider as a factor in its decision any matter relating to the national origin of the student or the student's ancestral language.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.033. ASSIGNMENT OR TRANSFER ON PETITION OF PARENT. The parent or person standing in parental relation to any student may by petition in writing either:


(1) request the assignment or transfer of the student to a designated school or to a school to be designated by the board; or


(2) file objections to the assignment of the student to the school to which the student has been assigned.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.034. HEARING; ACTION ON PETITION; APPEAL. (a) On receiving a petition under Section 25.033, the board of trustees of the school district or the board of county school trustees shall:


(1) if a hearing is not requested, act on the petition not later than the 30th day after the date the petition is submitted and notify the petitioner of the board's conclusion; or


(2) if a hearing is requested, designate a time and place for holding a hearing not later than the 30th day after the date the petition is submitted.


(b) If a hearing is requested, it shall be conducted by the board in compliance with this section.


(c) The petitioner may present evidence relevant to the individual student.


(d) The board may conduct investigations as to the objection or request, examine any student involved, and employ agents, professional or otherwise, for the purpose of examinations and investigations.


(e) The board must grant the request made in the petition unless the board determines that there is a reasonable basis for denying the request. The decision of the board, either with or without hearing, is final unless the student, or the parent, guardian, or custodian of the student as next friend, files exception to the decision of the board as constituting a denial of any right of the student guaranteed under the United States Constitution.


(f) If an exception is filed under Subsection (e), the board may reconsider its decision. If the board has not ruled on the exception before the 16th day after the date of the filing, the exception is considered overruled. If the exception is overruled, an appeal of the board's decision may be filed in the district court of the county in which the board is located. The petition must:


(1) be filed not later than the 30th day after the date of the board's final decision; and


(2) state the facts relevant to the student that relate to the alleged denial of the student's rights under the United States Constitution.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.0341. TRANSFER OF STUDENTS INVOLVED IN SEXUAL ASSAULT. (a) This section applies only to:


(1) a student:


(A) who has been convicted of continuous sexual abuse of young child or children under Section 21.02, Penal Code, or convicted of or placed on deferred adjudication for the offense of sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code, committed against another student who, at the time the offense occurred, was assigned to the same campus as the student convicted or placed on deferred adjudication;


(B) who has been adjudicated under Section 54.03, Family Code, as having engaged in conduct described by Paragraph (A);


(C) whose prosecution under Section 53.03, Family Code, for engaging in conduct described by Paragraph (A) has been deferred; or


(D) who has been placed on probation under Section 54.04(d)(1), Family Code, for engaging in conduct described by Paragraph (A); and


(2) a student who is the victim of conduct described by Subdivision (1)(A).


(b) On the request of a parent or other person with authority to act on behalf of a student who is a victim to whom Subsection (a)(2) applies:


(1) the board of trustees of the school district shall transfer the student to:


(A) a district campus other than:


(i) the campus to which the student was assigned at the time the conduct occurred; or


(ii) the campus to which the student who engaged in the conduct is assigned, if the student who engaged in the conduct has been assigned to a different campus since the conduct occurred; or


(B) a neighboring school district, if there is only one campus in the district serving the grade level in which the student is enrolled; or


(2) if the student does not wish to transfer to another campus or district, the board of trustees shall transfer the student who engaged in the conduct to:


(A) a district campus other than the campus to which the student who is the victim of the conduct is assigned; or


(B) the district's disciplinary alternative education program or juvenile justice alternative education program, if there is only one campus in the district serving the grade level in which the student who engaged in the conduct is enrolled.


(c) A transfer under Subsection (b)(1) must be to a campus or school district, as applicable, agreeable to the parent or other person with authority to act on the student's behalf.


(d) To the extent permitted under federal law, a school district shall notify the parent or other person with authority to act on behalf of a student who is a victim to whom Subsection (a)(2) applies of the campus or program to which the student who engaged in conduct described by Subsection (a)(1)(A) is assigned.


(e) This section applies regardless of whether the conduct occurred on or off of school property.


(f) Section 25.034 does not apply to a transfer under this section.


(g) A school district is not required to provide transportation to a student who transfers to another campus or school district under this section.


Added by Acts 2005, 79th Leg., Ch. 997 (H.B. 308), Sec. 1, eff. June 18, 2005.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.25, eff. September 1, 2007.


Sec. 25.0342. TRANSFER OF STUDENTS WHO ARE VICTIMS OF OR HAVE ENGAGED IN BULLYING.


(a) In this section, "bullying" has the meaning assigned by Section 37.0832.


(b) On the request of a parent or other person with authority to act on behalf of a student who is a victim of bullying, the board of trustees of a school district or the board's designee shall transfer the victim to:


(1) another classroom at the campus to which the victim was assigned at the time the bullying occurred; or


(2) a campus in the school district other than the campus to which the victim was assigned at the time the bullying occurred.


(b-1) The board of trustees of a school district may transfer the student who engaged in bullying to:


(1) another classroom at the campus to which the victim was assigned at the time the bullying occurred; or


(2) a campus in the district other than the campus to which the victim was assigned at the time the bullying occurred, in consultation with a parent or other person with authority to act on behalf of the student who engaged in bullying.


(b-2) Section 37.004 applies to a transfer under Subsection (b-1) of a student with a disability who receives special education services.


(c) The board of trustees or the board's designee shall verify that a student has been a victim of bullying before transferring the student under this section.


(d) The board of trustees or the board's designee may consider past student behavior when identifying a bully.


(e) The determination by the board of trustees or the board's designee is final and may not be appealed.


(f) A school district is not required to provide transportation to a student who transfers to another campus under Subsection (b)(2).


(g) Section 25.034 does not apply to a transfer under this section.


Added by Acts 2005, 79th Leg., Ch. 920 (H.B. 283), Sec. 2, eff. June 18, 2005.


Renumbered from Education Code, Section 25.0341 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(12), eff. September 1, 2007.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 2, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 3, eff. June 17, 2011.


Sec. 25.0343. TRANSFER OF STUDENTS RESIDING IN HOUSEHOLD OF STUDENT RECEIVING SPECIAL EDUCATION SERVICES. (a) If, for the purpose of receiving special education services under Subchapter A, Chapter 29, a school district assigns a student to a district campus other than the campus the student would attend based on the student's residence, the district shall permit the student's parent, guardian, or other person standing in parental relation to the student to obtain a transfer to the assigned campus for any other student residing in the household of the student receiving special education services, provided that:


(1) the other student is entitled under Section 25.001 to attend school in the district; and


(2) the appropriate grade level for the other student is offered at the campus.


(b) A school district is not required to provide transportation to a student who transfers to another campus under this section. This subsection does not affect any transportation services provided by the district in accordance with other law for the student receiving special education services.


(c) Section 25.034 does not apply to a transfer under this section.


(d) This section does not apply if the student receiving special education services resides in a residential facility.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 12.01, eff. May 31, 2006.


Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. The boards of trustees of two or more adjoining school districts or the boards of county school trustees of two or more adjoining counties may, by agreement and in accordance with Sections 25.032, 25.033, and 25.034, arrange for the transfer and assignment of any student from the jurisdiction of one board to that of another. In the case of the transfer and assignment of a student under this section, the participating governing boards shall also agree to the transfer of school funds or other payments proportionate to the transfer of attendance.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.036. TRANSFER OF STUDENT. (a) Any child, other than a high school graduate, who is younger than 21 years of age and eligible for enrollment on September 1 of any school year may transfer annually from the child's school district of residence to another district in this state if both the receiving district and the applicant parent or guardian or person having lawful control of the child jointly approve and timely agree in writing to the transfer.


(b) A transfer agreement under this section shall be filed and preserved as a receiving district record for audit purposes of the agency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.037. TRANSFER OF STATE FUNDS. On the timely filing with the agency of notice of a child's transfer and certification by the agency of the transfer, the state available school fund apportionment transfers with the child. For purposes of computing state allotments to school districts under the Foundation School Program, the attendance of the child before the date of transfer is counted by the transfer sending district and the attendance of the child after the date of transfer is counted by the transfer receiving district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.038. TUITION FEE FOR TRANSFER STUDENTS. The receiving school district may charge a tuition fee to the extent that the district's actual expenditure per student in average daily attendance, as determined by its board of trustees, exceeds the sum the district benefits from state aid sources as provided by Section 25.037. However, unless a tuition fee is prescribed and set out in a transfer agreement before its execution by the parties, an increase in tuition charge may not be made for the year of that transfer that exceeds the tuition charge, if any, of the preceding school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.039. CONTRACTS AND TUITION FOR EDUCATION OUTSIDE DISTRICT. (a) A school district that does not offer each grade level from kindergarten through grade 12 may provide by contract for students residing in the district who are at grade levels not offered by the district to be educated at those grade levels in one or more other districts. In each contract, the districts also shall agree to the transfer of school funds or other payments proportionate to the transfer of attendance.


(b) The school district in which the students reside shall pay tuition to any district with which it has a contract under this section for each of its students attending school in that district at a grade level for which the district has contracted. The amount of the tuition paid may not exceed the greater of the amount provided for by Section 25.038 or an amount specified by commissioner rule.


(c) A school district is not required to pay tuition to any district with which it has not contracted for the attendance by any of its students at a grade level for which it has contracted under this section with another district.


(d) A contract under this section may not be for a period exceeding five years.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 1.32, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1069, Sec. 1, eff. Sept. 1, 2003.


Sec. 25.040. TRANSFER TO DISTRICT OF BORDERING STATE. Any child entitled to attend the public school of any school district situated on the border of Louisiana, Arkansas, Oklahoma, or New Mexico who finds it more convenient to attend the public school in a district in the contiguous state may have the apportionment of the state and county available school funds paid to the school district of the contiguous state and may have additional tuition, if necessary, paid by the district of the child's residence on terms agreed on by the trustees of the receiving district and the trustees of the residence district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.041. TRANSFER OF CHILDREN OR WARDS OF EMPLOYEES OF STATE SUPPORTED LIVING CENTERS. A school-age child or ward of an employee of a state supported living center for persons with intellectual disabilities constituted as a school district who resides in the boundaries of center property but who is not a student at the center is entitled to attend school in a district adjacent to the center free of any charge to the child's or ward's parent or guardian provided the parent or guardian is required by the superintendent of the center to live on the grounds of the center for the convenience of this state. A tuition charge required by the admitting district shall be paid by the district constituting the state supported living center out of funds allotted to it by the agency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 1, eff. September 1, 2019.


Sec. 25.042. TRANSFER OF CHILDREN OF EMPLOYEES OF TEXAS JUVENILE JUSTICE DEPARTMENT FACILITIES. A school-age child of an employee of a facility of the Texas Juvenile Justice Department is entitled to attend school in a school district adjacent to the district in which the student resides free of any charge to the student's parents or guardian. Any tuition charge required by the admitting district shall be paid by the district from which the student transfers out of any funds appropriated to the facility.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 21, eff. September 1, 2015.


Sec. 25.043. CLASSROOM PLACEMENT OF MULTIPLE BIRTH SIBLINGS. (a) In this section:


(1) "Multiple birth sibling" means a twin, triplet, quadruplet, or other sibling resulting from a multiple birth.


(2) "Parent" includes a person standing in parental relation.


(b) The parent of multiple birth siblings who are assigned to the same grade level and school may request in writing, not later than the 14th day after the first day of enrollment, that the school place the siblings in the same classroom or in separate classrooms.


(c) Except as provided by Subsection (d) or (g), a school shall provide the multiple birth siblings with the classroom placement requested by the parent.


(d) At the end of the first grading period following the multiple birth siblings' enrollment in the school, if the principal of the school, in consultation with the teacher of each classroom in which the multiple birth siblings are placed, determines that the requested classroom placement is disruptive to the school, the principal may determine the appropriate classroom placement for the siblings.


(e) A parent may appeal the principal's classroom placement of multiple birth siblings in the manner provided by school district policy. During an appeal, the multiple birth siblings shall remain in the classroom chosen by the parent.


(f) The school may recommend to a parent the appropriate classroom placement for the multiple birth siblings and may provide professional educational advice to assist the parent with the decision regarding appropriate classroom placement.


(g) A school district is not required to place multiple birth siblings in separate classrooms if the request would require the school district to add an additional class to the grade level of the multiple birth siblings.


(h) This section does not affect:


(1) a right or obligation under Subchapter A, Chapter 29, or under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) regarding the individual placement decisions of the school district admission, review, and dismissal committee; or


(2) the right of a school district or teacher to remove a student from a classroom under Chapter 37.


Added by Acts 2007, 80th Leg., R.S., Ch. 91 (H.B. 314), Sec. 1, eff. May 15, 2007.


SUBCHAPTER C. OPERATION OF SCHOOLS AND SCHOOL ATTENDANCE



Sec. 25.081. OPERATION OF SCHOOLS. (a) Except as authorized under Subsection (b) of this section, Section 25.0815, Section 25.084, or Section 29.0821, for each school year each school district must operate for at least 75,600 minutes, including time allocated for instruction, intermissions, and recesses for students.


(b) The commissioner may approve the operation of schools for fewer than the number of minutes required under Subsection (a) if disaster, flood, extreme weather conditions, fuel curtailment, or another calamity causes the closing of schools.


(c) If the commissioner does not approve reduced operation time under Subsection (b), a school district may add additional minutes to the end of the district's normal school hours as necessary to compensate for minutes lost due to school closures caused by disaster, flood, extreme weather conditions, fuel curtailment, or another calamity.


(d) The commissioner may adopt rules to implement this section, including rules:


(1) for the application, on the basis of the minimum minutes of operation required by Subsection (a), of any provision of this title that refers to a minimum number of days of instruction under this section;


(2) to determine the minutes of operation that are equivalent to a day;


(3) defining minutes of operation and instructional time; and


(4) establishing the minimum number of minutes of instructional time required for a full-day and a half-day program to meet the time requirements under Subsection (a).


(e) A school district or education program is exempt from the minimum minutes of operation requirement if the district's or program's average daily attendance is calculated under Section 48.005(j).


(f) The commissioner may proportionally reduce the amount of funding a district receives under Chapter 46, 48, or 49 and the average daily attendance calculation for the district if the district operates on a calendar that provides fewer minutes of operation than required under Subsection (a).


(g) A school district may not provide student instruction on Memorial Day. If a school district would be required to provide student instruction on Memorial Day to compensate for minutes of instruction lost because of school closures caused by disaster, flood, extreme weather conditions, fuel curtailment, or another calamity, the commissioner shall approve the instruction of students for fewer than the number of minutes required under Subsection (a).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 824, Sec. 2, eff. June 20, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1084 (H.B. 2610), Sec. 1, eff. June 19, 2015.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 1, eff. June 15, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1144 (H.B. 441), Sec. 1, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 5, eff. June 6, 2019.


Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(5), eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.018, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.019, eff. September 1, 2019.


Sec. 25.0811. FIRST DAY OF INSTRUCTION. (a) Except as provided by this section, a school district may not begin instruction for students for a school year before the fourth Monday in August. A school district may:


(1) begin instruction for students for a school year before the fourth Monday in August if the district operates a year-round system under Section 25.084; or


(2) begin instruction for students for a school year on or after the first Monday in August at a campus or at not more than 20 percent of the campuses in the district if:


(A) the district has a student enrollment of 190,000 or more;


(B) the district at the beginning of the school year provides, financed with local funds, days of instruction for students at the campus or at each of the multiple campuses, in addition to the minimum number of days of instruction required under Section 25.081;


(C) the campus or each of the multiple campuses are undergoing comprehensive reform, as determined by the board of trustees of the district; and


(D) a majority of the students at the campus or at each of the multiple campuses are educationally disadvantaged.


(b) Notwithstanding Subsection (a), a school district that does not offer each grade level from kindergarten through grade 12 and whose prospective or former students generally attend school in another state for the grade levels the district does not offer may start school on any date permitted under Subsection (a) or the law of the other state.


(c) Repealed by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 9.03, eff. May 31, 2006.


Added by Acts 2001, 77th Leg., ch. 909, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 9.02, eff. May 31, 2006.


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 9.03, eff. May 31, 2006.


Acts 2007, 80th Leg., R.S., Ch. 708 (H.B. 2171), Sec. 1, eff. June 15, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 277 (H.B. 1555), Sec. 1, eff. June 17, 2011.


Sec. 25.0812. LAST DAY OF SCHOOL. (a) Except as provided by Subsection (b), a school district may not schedule the last day of school for students for a school year before May 15.


(b) Notwithstanding Subsection (a), a school district that does not offer each grade level from kindergarten through grade 12 and whose prospective or former students generally attend school in another state for the grade levels the district does not offer may schedule the last day of school on any date permitted under Subsection (a) or the law of the other state.


Added by Acts 2015, 84th Leg., R.S., Ch. 1084 (H.B. 2610), Sec. 2, eff. June 19, 2015.


Sec. 25.0815. OPERATION AND INSTRUCTIONAL TIME WAIVERS FOR SCHOOL SAFETY TRAINING. (a) The commissioner shall provide a waiver allowing for fewer minutes of operation and instructional time than required under Section 25.081(a) for a school district that requires each educator employed by the district to attend an approved school safety training course.


(b) A waiver under this section:


(1) must allow sufficient time for the school district's educators to attend the school safety training course; and


(2) may not:


(A) result in an inadequate number of minutes of instructional time for students; or


(B) reduce the number of minutes of operation and instructional time by more than 420 minutes.


(c) To be approved under this section, a school safety training course must apply to the Texas School Safety Center. The Texas School Safety Center may approve a training course if the course satisfies the training requirements as determined by the center.


(d) The commissioner may adopt rules to implement this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 6, eff. June 6, 2019.


Sec. 25.082. PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE. (a) Repealed by Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 9, eff. June 15, 2017.


(b) The board of trustees of each school district and the governing board of each open-enrollment charter school shall require students, once during each school day at each campus, to recite:


(1) the pledge of allegiance to the United States flag in accordance with 4 U.S.C. Section 4; and


(2) the pledge of allegiance to the state flag in accordance with Subchapter C, Chapter 3100, Government Code.


(b-1) The board of trustees of each school district and the governing board of each open-enrollment charter school shall require that the United States and Texas flags be prominently displayed in accordance with 4 U.S.C. Sections 5-10 and Chapter 3100, Government Code, in each campus classroom to which a student is assigned at the time the pledges of allegiance to those flags are recited. A district or school is not required to spend federal, state, or local district or school funds to acquire flags required under this subsection. A district or school may raise money or accept gifts, grants, and donations to acquire flags required under this subsection.


(c) On written request from a student's parent or guardian, a school district or open-enrollment charter school shall excuse the student from reciting a pledge of allegiance under Subsection (b).


(d) The board of trustees of each school district and the governing board of each open-enrollment charter school shall provide for the observance of one minute of silence at each campus following the recitation of the pledges of allegiance to the United States and Texas flags under Subsection (b). During the one-minute period, each student may, as the student chooses, reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student. Each teacher or other school employee in charge of students during that period shall ensure that each of those students remains silent and does not act in a manner that is likely to interfere with or distract another student.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 126, Sec. 1, 2, eff. Sept. 1, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 881 (H.B. 773), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 42, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 2, eff. June 15, 2017.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 9, eff. June 15, 2017.


Sec. 25.0821. MINUTE OF SILENCE TO COMMEMORATE SEPTEMBER 11, 2001. (a) To commemorate the events of September 11, 2001, in each year that date falls on a regular school day, each public elementary or secondary school shall provide for the observance of one minute of silence at the beginning of the first class period of that day.


(b) Immediately before the period of observance required by this section, the class instructor shall make a statement of reference to the memory of individuals who died on September 11, 2001.


(c) The period of observance required by this section may be held in conjunction with the minute of silence required by Section 25.082.


Added by Acts 2013, 83rd Leg., R.S., Ch. 925 (H.B. 1501), Sec. 1, eff. June 14, 2013.


Sec. 25.0822. PATRIOTIC SOCIETY ACCESS TO STUDENTS. (a) In this section, "patriotic society" means a youth membership organization listed in Title 36 of the United States Code with an educational purpose that promotes patriotism and civic involvement.


(b) At the beginning of each school year, the board of trustees of an independent school district shall adopt a policy to allow the principal of a public school campus to provide representatives of a patriotic society with the opportunity to speak to students during regular school hours about membership in the society and the ways in which membership may promote a student's educational interest and level of civic involvement, leading to the student's increased potential for self-improvement and ability to contribute to improving the student's school and community.


(c) The board policy shall give a principal complete discretion over the specific date and time of the opportunity required to be provided under this section, except that the policy shall allow the principal to limit:


(1) the opportunity provided to a patriotic society to a single school day; and


(2) any presentation made to students as a result of the opportunity to 10 minutes in length.


Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 8, eff. September 1, 2017.


Sec. 25.083. SCHOOL DAY INTERRUPTIONS. (a) The board of trustees of each school district shall adopt and strictly enforce a policy limiting interruptions of classes during the school day for nonacademic activities such as announcements and sales promotions. At a minimum, the policy must limit announcements other than emergency announcements to once during the school day.


(b) The board of trustees of each school district shall adopt and strictly enforce a policy limiting the removal of students from class for remedial tutoring or test preparation. A district may not remove a student from a regularly scheduled class for remedial tutoring or test preparation if, as a result of the removal, the student would miss more than 10 percent of the school days on which the class is offered, unless the student's parent or another person standing in parental relation to the student provides to the district written consent for removal from class for such purpose.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 5(a), eff. June 10, 2013.


Sec. 25.084. YEAR-ROUND SYSTEM. (a) A school district may operate its schools year-round on either a single-track or a multitrack calendar. If a school district adopts a year-round system, the district may modify:


(1) the number of contract days of employees and the number of days of operation, including any time required for staff development, planning and preparation, and continuing education, otherwise required by law;


(2) testing dates, data reporting, and related matters;


(3) the date of the first day of instruction of the school year under Section 25.0811 for a school that was operating year-round for the 2000-2001 school year; and


(4) a student's eligibility to participate in extracurricular activities when the student's calendar track is not in session.



Text of subsection effective until September 01, 2020



(b) The operation of schools year-round by a district does not affect the amount of state funds to which the district is entitled under Chapter 48.



Text of subsection effective on September 01, 2020



(b) Except as provided by Subsection (c), the operation of schools year-round by a district does not affect the amount of state funds to which the district is entitled under Chapter 48.



Text of subsection effective on September 01, 2020



(c) A district that adopts a year-round system under this section may receive the incentive aid under Section 48.0051 if the district meets the criteria for receiving the incentive under that section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 909, Sec. 2, eff. Sept. 1, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.004(a), eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.004(b), eff. September 1, 2020.


Sec. 25.085. COMPULSORY SCHOOL ATTENDANCE. (a) A child who is required to attend school under this section shall attend school each school day for the entire period the program of instruction is provided.


(b) Unless specifically exempted by Section 25.086, a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached the child's 19th birthday shall attend school.


(c) On enrollment in prekindergarten or kindergarten, a child shall attend school.


(d) Unless specifically exempted by Section 25.086, a student enrolled in a school district must attend:


(1) an extended-year program for which the student is eligible that is provided by the district for students identified as likely not to be promoted to the next grade level or tutorial classes required by the district under Section 29.084;


(2) an accelerated reading instruction program to which the student is assigned under Section 28.006(g);


(3) an accelerated instruction program to which the student is assigned under Section 28.0211;


(4) a basic skills program to which the student is assigned under Section 29.086; or


(5) a summer program provided under Section 37.008(l) or Section 37.021.


(e) A person who voluntarily enrolls in school or voluntarily attends school after the person's 19th birthday shall attend school each school day for the entire period the program of instruction is offered. A school district may revoke for the remainder of the school year the enrollment of a person who has more than five absences in a semester that are not excused under Section 25.087, except a school district may not revoke the enrollment of a person under this subsection on a day on which the person is physically present at school. A person whose enrollment is revoked under this subsection may be considered an unauthorized person on school district grounds for purposes of Section 37.107.


(f) The board of trustees of a school district may adopt a policy requiring a person described by Subsection (e) who is under 21 years of age to attend school until the end of the school year. Section 65.003(a), Family Code, does not apply to a person subject to a policy adopted under this subsection. Sections 25.093 and 25.095 do not apply to the parent of a person subject to a policy adopted under this subsection.


(g) After the third unexcused absence of a person described by Subsection (e), a school district shall issue a warning letter to the person that states the person's enrollment may be revoked for the remainder of the school year if the person has more than five unexcused absences in a semester.


(h) As an alternative to revoking a person's enrollment under Subsection (e), a school district may impose a behavior improvement plan described by Section 25.0915(a-1)(1).



Text of subsection effective on September 01, 2020



(i) Notwithstanding any other provision of this section, a student enrolled in a school district is not required to attend school for any additional instructional days described by Section 48.0051.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1019, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.10, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 711, Sec. 1, eff. June 18, 1999; Acts 2003, 78th Leg., ch. 1055, Sec. 3, eff. June 20, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 50 (H.B. 566), Sec. 1, eff. May 10, 2007.


Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 2, eff. June 15, 2007.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 7, eff. September 1, 2015.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.011, eff. September 1, 2020.


Sec. 25.086. EXEMPTIONS.


(a) A child is exempt from the requirements of compulsory school attendance if the child:


(1) attends a private or parochial school that includes in its course a study of good citizenship;


(2) is eligible to participate in a school district's special education program under Section 29.003 and cannot be appropriately served by the resident district;


(3) has a physical or mental condition of a temporary and remediable nature that makes the child's attendance infeasible and holds a certificate from a qualified physician specifying the temporary condition, indicating the treatment prescribed to remedy the temporary condition, and covering the anticipated period of the child's absence from school for the purpose of receiving and recuperating from that remedial treatment;


(4) is expelled in accordance with the requirements of law in a school district that does not participate in a mandatory juvenile justice alternative education program under Section 37.011;


(5) is at least 17 years of age and:


(A) is attending a course of instruction to prepare for the high school equivalency examination, and:


(i) has the permission of the child's parent or guardian to attend the course;


(ii) is required by court order to attend the course;


(iii) has established a residence separate and apart from the child's parent, guardian, or other person having lawful control of the child; or


(iv) is homeless; or


(B) has received a high school diploma or high school equivalency certificate;


(6) is at least 16 years of age and is attending a course of instruction to prepare for the high school equivalency examination, if:


(A) the child is recommended to take the course of instruction by a public agency that has supervision or custody of the child under a court order; or


(B) the child is enrolled in a Job Corps training program under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.);


(7) is at least 16 years of age and is enrolled in a high school diploma program under Chapter 18;


(8) is enrolled in the Texas Academy of Mathematics and Science under Subchapter G, Chapter 105;


(9) is enrolled in the Texas Academy of Leadership in the Humanities;


(10) is enrolled in the Texas Academy of Mathematics and Science at The University of Texas at Brownsville;


(11) is enrolled in the Texas Academy of International Studies; or


(12) is specifically exempted under another law.


(b) This section does not relieve a school district in which a child eligible to participate in the district's special education program resides of its fiscal and administrative responsibilities under Subchapter A, Chapter 29, or of its responsibility to provide a free appropriate public education to a child with a disability.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 1, eff. June 19, 1997; Acts 1997, 75th Leg., ch. 1019, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1282, Sec. 2, eff. June 18, 1999.


Amended by:


Acts 2005, 79th Leg., Ch. 377 (S.B. 1395), Sec. 3, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 887 (S.B. 1452), Sec. 2, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 1339 (S.B. 151), Sec. 6, eff. June 18, 2005.


Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 4.003, eff. September 1, 2007.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.04, eff. June 10, 2019.


Sec. 25.087. EXCUSED ABSENCES. (a) A person required to attend school, including a person required to attend school under Section 25.085(e), may be excused for temporary absence resulting from any cause acceptable to the teacher, principal, or superintendent of the school in which the person is enrolled.


(b) A school district shall excuse a student from attending school for:


(1) the following purposes, including travel for those purposes:


(A) observing religious holy days;


(B) attending a required court appearance;


(C) appearing at a governmental office to complete paperwork required in connection with the student's application for United States citizenship;


(D) taking part in a United States naturalization oath ceremony;


(E) serving as an election clerk; or


(F) if the student is in the conservatorship of the Department of Family and Protective Services, participating, as determined and documented by the department, in an activity:


(i) ordered by a court under Chapter 262 or 263, Family Code, provided that it is not practicable to schedule the participation outside of school hours; or


(ii) required under a service plan under Subchapter B, Chapter 263, Family Code; or


(2) a temporary absence resulting from an appointment with health care professionals for the student or the student's child if the student commences classes or returns to school on the same day of the appointment.


(b-1) A school district may adopt a policy excusing a student from attending school for service as a student early voting clerk in an election.


(b-2) A school district may excuse a student from attending school to visit an institution of higher education accredited by a generally recognized accrediting organization during the student's junior and senior years of high school for the purpose of determining the student's interest in attending the institution of higher education, provided that:


(1) the district may not excuse for this purpose more than two days during the student's junior year and two days during the student's senior year; and


(2) the district adopts:


(A) a policy to determine when an absence will be excused for this purpose; and


(B) a procedure to verify the student's visit at the institution of higher education.


(b-3) A temporary absence for purposes of Subsection (b)(2) includes the temporary absence of a student diagnosed with autism spectrum disorder on the day of the student's appointment with a health care practitioner, as described by Section 1355.015(b), Insurance Code, to receive a generally recognized service for persons with autism spectrum disorder, including applied behavioral analysis, speech therapy, and occupational therapy.


(b-4) A school district shall excuse a student whose parent, stepparent, or legal guardian is an active duty member of the uniformed services as defined by Section 162.002 and has been called to duty for, is on leave from, or immediately returned from continuous deployment of at least four months outside the locality where the parent, stepparent, or guardian regularly resides, to visit with the student's parent, stepparent, or guardian. A school district may not excuse a student under this subsection more than five days in a school year. An excused absence under this subsection must be taken:


(1) not earlier than the 60th day before the date of deployment; or


(2) not later than the 30th day after the date of return from deployment.


(b-5) A school district shall excuse a student who is 17 years of age or older from attending school to pursue enlistment in a branch of the armed services of the United States or the Texas National Guard, provided that:


(1) the district may not excuse for this purpose more than four days of school during the period the student is enrolled in high school; and


(2) the district verifies the student's activities related to pursuing enlistment in a branch of the armed services or the Texas National Guard.


(b-6) Each school district shall adopt procedures to verify a student's activities as described by Subsection (b-5).


(c) A school district may excuse a student in grades 6 through 12 for the purpose of sounding "Taps" at a military honors funeral held in this state for a deceased veteran.


(d) A student whose absence is excused under Subsection (b), (b-1), (b-2), (b-4), (b-5), or (c) may not be penalized for that absence and shall be counted as if the student attended school for purposes of calculating the average daily attendance of students in the school district. A student whose absence is excused under Subsection (b), (b-1), (b-2), (b-4), (b-5), or (c) shall be allowed a reasonable time to make up school work missed on those days. If the student satisfactorily completes the school work, the day of absence shall be counted as a day of compulsory attendance.


(e) A school district may excuse a student for the purposes provided by Subsections (b)(1)(E) and (b-1) for a maximum of two days in a school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 651, Sec. 1, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 711, Sec. 2, eff. June 18, 1999.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 479 (H.B. 2455), Sec. 1, eff. June 16, 2007.


Acts 2007, 80th Leg., R.S., Ch. 660 (H.B. 1187), Sec. 2, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.002(a), eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.002(b), eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 455 (H.B. 2542), Sec. 1, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 455 (H.B. 2542), Sec. 2, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 517 (S.B. 1134), Sec. 3, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 595 (H.B. 192), Sec. 1, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 7.005, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 249 (H.B. 455), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 404 (S.B. 260), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 542 (S.B. 553), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 11, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1354 (S.B. 1404), Sec. 2, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 2, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 213 (S.B. 1152), Sec. 1, eff. May 28, 2017.


Sec. 25.088. SCHOOL ATTENDANCE OFFICER. The school attendance officer may be selected by:


(1) the county school trustees of any county;


(2) the board of trustees of any school district or the boards of trustees of two or more school districts jointly; or


(3) the governing body of an open-enrollment charter school.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 21, eff. Sept. 1, 2001.


Sec. 25.089. COMPENSATION OF ATTENDANCE OFFICER; DUAL SERVICE. (a) An attendance officer may be compensated from the funds of the county, independent school district, or open-enrollment charter school, as applicable.


(b) An attendance officer may be the probation officer or an officer of the juvenile court of the county.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 22, eff. Sept. 1, 2001.


Sec. 25.090. ATTENDANCE OFFICER NOT SELECTED. (a) In those counties and independent school districts where an attendance officer has not been selected, the duties of attendance officer shall be performed by the school superintendents and peace officers of the counties and districts.


(b) If the governing body of an open-enrollment charter school has not selected an attendance officer, the duties of attendance officer shall be performed by the peace officers of the county in which the school is located.


(c) Additional compensation may not be paid for services performed under this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 23, eff. Sept. 1, 2001.


Sec. 25.091. POWERS AND DUTIES OF PEACE OFFICERS AND OTHER ATTENDANCE OFFICERS.


(a) A peace officer serving as an attendance officer has the following powers and duties concerning enforcement of compulsory school attendance requirements:


(1) to investigate each case of a violation of compulsory school attendance requirements referred to the peace officer;


(2) to enforce compulsory school attendance requirements by:


(A) applying truancy prevention measures adopted under Section 25.0915 to the student; and


(B) if the truancy prevention measures fail to meaningfully address the student's conduct:


(i) referring the student to a truancy court if the student has unexcused absences for the amount of time specified under Section 65.003(a), Family Code; or


(ii) filing a complaint in a county, justice, or municipal court against a parent who violates Section 25.093;


(3) to serve court-ordered legal process;


(4) to review school attendance records for compliance by each student investigated by the officer;


(5) to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees of a school district, or the commissioner, to provide a record to the individual or entity requesting the record; and


(6) to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that a peace officer may not enter a residence without the permission of the parent of a student required under this subchapter to attend school or of the tenant or owner of the residence except to lawfully serve court-ordered legal process on the parent.


(b) An attendance officer employed by a school district who is not commissioned as a peace officer has the following powers and duties with respect to enforcement of compulsory school attendance requirements:


(1) to investigate each case of a violation of the compulsory school attendance requirements referred to the attendance officer;


(2) to enforce compulsory school attendance requirements by:


(A) applying truancy prevention measures adopted under Section 25.0915 to the student; and


(B) if the truancy prevention measures fail to meaningfully address the student's conduct:


(i) referring the student to a truancy court if the student has unexcused absences for the amount of time specified under Section 65.003(a), Family Code; and


(ii) filing a complaint in a county, justice, or municipal court against a parent who violates Section 25.093;


(3) to monitor school attendance compliance by each student investigated by the officer;


(4) to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees of a school district, or the commissioner, to provide a record to the individual or entity requesting the record;


(5) to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that the attendance officer may not enter a residence without permission of the parent or of the owner or tenant of the residence; and


(6) at the request of a parent, to escort a student from any location to a school campus to ensure the student's compliance with compulsory school attendance requirements.


(b-1) A peace officer who has probable cause to believe that a child is in violation of the compulsory school attendance law under Section 25.085 may take the child into custody for the purpose of returning the child to the school campus of the child to ensure the child's compliance with compulsory school attendance requirements.


(c) In this section:


(1) "Parent" includes a person standing in parental relation.


(2) "Peace officer" has the meaning assigned by Article 2.12, Code of Criminal Procedure.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1514, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 137, Sec. 3, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 5, eff. September 1, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 1098 (S.B. 1489), Sec. 9, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 8, eff. September 1, 2015.


Sec. 25.0915. TRUANCY PREVENTION MEASURES. (a) A school district shall adopt truancy prevention measures designed to:


(1) address student conduct related to truancy in the school setting before the student engages in conduct described by Section 65.003(a), Family Code; and


(2) minimize the need for referrals to truancy court for conduct described by Section 65.003(a), Family Code.


(a-1) As a truancy prevention measure under Subsection (a), a school district shall take one or more of the following actions:


(1) impose:


(A) a behavior improvement plan on the student that must be signed by an employee of the school, that the school district has made a good faith effort to have signed by the student and the student's parent or guardian, and that includes:


(i) a specific description of the behavior that is required or prohibited for the student;


(ii) the period for which the plan will be effective, not to exceed 45 school days after the date the contract becomes effective; or


(iii) the penalties for additional absences, including additional disciplinary action or the referral of the student to a truancy court; or


(B) school-based community service; or


(2) refer the student to counseling, mediation, mentoring, a teen court program, community-based services, or other in-school or out-of-school services aimed at addressing the student's truancy.


(a-2) A referral made under Subsection (a-1)(2) may include participation by the child's parent or guardian if necessary.


(a-3) A school district shall offer additional counseling to a student and may not refer the student to truancy court if the school determines that the student's truancy is the result of:


(1) pregnancy;


(2) being in the state foster program;


(3) homelessness; or


(4) being the principal income earner for the student's family.


(a-4) If a student fails to attend school without excuse on three or more days or parts of days within a four-week period but does not fail to attend school for the time described by Section 25.0951(a), the school district shall initiate truancy prevention measures under this section on the student.


(b) Each referral to truancy court for conduct described by Section 65.003(a), Family Code, must:


(1) be accompanied by a statement from the student's school certifying that:


(A) the school applied the truancy prevention measures adopted under Subsection (a) or (a-4) to the student; and


(B) the truancy prevention measures failed to meaningfully address the student's school attendance; and


(2) specify whether the student is eligible for or receives special education services under Subchapter A, Chapter 29.


(c) A truancy court shall dismiss a petition filed by a truant conduct prosecutor under Section 65.054, Family Code, if the court determines that the school district's referral:


(1) does not comply with Subsection (b);


(2) does not satisfy the elements required for truant conduct;


(3) is not timely filed, unless the school district delayed the referral under Section 25.0951(d); or


(4) is otherwise substantively defective.


(d) Except as provided by Subsection (e), a school district shall employ a truancy prevention facilitator or juvenile case manager to implement the truancy prevention measures required by this section and any other effective truancy prevention measures as determined by the school district or campus. At least annually, the truancy prevention facilitator shall meet to discuss effective truancy prevention measures with a case manager or other individual designated by a truancy court to provide services to students of the school district in truancy cases.


(e) Instead of employing a truancy prevention facilitator, a school district may designate an existing district employee or juvenile case manager to implement the truancy prevention measures required by this section and any other effective truancy prevention measures as determined by the school district or campus.


(f) The agency shall adopt rules:


(1) creating minimum standards for truancy prevention measures adopted by a school district under this section; and


(2) establishing a set of best practices for truancy prevention measures.


(g) The agency shall adopt rules to provide for sanctions for a school district found to be not in compliance with this section.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1098 (S.B. 1489), Sec. 10, eff. September 1, 2011.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 8, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 2, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 9, eff. September 1, 2015.


Sec. 25.092. MINIMUM ATTENDANCE FOR CLASS CREDIT OR FINAL GRADE. (a) Except as provided by this section, a student in any grade level from kindergarten through grade 12 may not be given credit or a final grade for a class unless the student is in attendance for at least 90 percent of the days the class is offered.


(a-1) A student who is in attendance for at least 75 percent but less than 90 percent of the days a class is offered may be given credit or a final grade for the class if the student completes a plan approved by the school's principal that provides for the student to meet the instructional requirements of the class. A student under the jurisdiction of a court in a criminal or juvenile justice proceeding may not receive credit or a final grade under this subsection without the consent of the judge presiding over the student's case.


(a-2) Subsection (a) does not apply to a student who receives credit by examination for a class as provided by Section 28.023.


(b) The board of trustees of each school district shall appoint one or more attendance committees to hear petitions for class credit or a final grade by students who are in attendance fewer than the number of days required under Subsection (a) and have not earned class credit or a final grade under Subsection (a-1). Classroom teachers shall comprise a majority of the membership of the committee. A committee may give class credit or a final grade to a student because of extenuating circumstances. Each board of trustees shall establish guidelines to determine what constitutes extenuating circumstances and shall adopt policies establishing alternative ways for students to make up work or regain credit or a final grade lost because of absences. The alternative ways must include at least one option that does not require a student to pay a fee authorized under Section 11.158(a)(15). A certified public school employee may not be assigned additional instructional duties as a result of this section outside of the regular workday unless the employee is compensated for the duties at a reasonable rate of pay.


(c) A member of an attendance committee is not personally liable for any act or omission arising out of duties as a member of an attendance committee.


(d) If a student is denied credit or a final grade for a class by an attendance committee, the student may appeal the decision to the board of trustees. The decision of the board may be appealed by trial de novo to the district court of the county in which the school district's central administrative office is located.


(e) This section does not affect the provision of Section 25.087(b) regarding a student's excused absence from school to observe religious holy days.


(f) The availability of the option developed under Subsection (b) must be substantially the same as the availability of the educational program developed under Section 11.158(a)(15).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 698, Sec. 2, eff. June 18, 1999.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 3, eff. June 15, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 6(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 7(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1029 (H.B. 2694), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1203 (S.B. 1365), Sec. 1, eff. June 14, 2013.


Sec. 25.093. PARENT CONTRIBUTING TO NONATTENDANCE. (a) If a warning is issued as required by Section 25.095(a), the parent with criminal negligence fails to require the child to attend school as required by law, and the child has absences for the amount of time specified under Section 65.003(a), Family Code, the parent commits an offense.


(b) The attendance officer or other appropriate school official shall file a complaint against the parent in:


(1) the constitutional county court of the county in which the parent resides or in which the school is located, if the county has a population of 1.75 million or more;


(2) a justice court of any precinct in the county in which the parent resides or in which the school is located; or


(3) a municipal court of the municipality in which the parent resides or in which the school is located.


(c) An offense under Subsection (a) is a misdemeanor, punishable by fine only, in an amount not to exceed:


(1) $100 for a first offense;


(2) $200 for a second offense;


(3) $300 for a third offense;


(4) $400 for a fourth offense; or


(5) $500 for a fifth or subsequent offense.


(c-1) Each day the child remains out of school may constitute a separate offense. Two or more offenses under Subsection (a) may be consolidated and prosecuted in a single action. If the court orders deferred disposition under Article 45.051, Code of Criminal Procedure, the court may require the defendant to provide personal services to a charitable or educational institution as a condition of the deferral.


(d) A fine collected under this section shall be deposited as follows:


(1) one-half shall be deposited to the credit of the operating fund of, as applicable:


(A) the school district in which the child attends school;


(B) the open-enrollment charter school the child attends; or


(C) the juvenile justice alternative education program that the child has been ordered to attend; and


(2) one-half shall be deposited to the credit of:


(A) the general fund of the county, if the complaint is filed in the justice court or the constitutional county court; or


(B) the general fund of the municipality, if the complaint is filed in municipal court.


(e) At the trial of any person charged with violating this section, the attendance records of the child may be presented in court by any authorized employee of the school district or open-enrollment charter school, as applicable.


(f) The court in which a conviction, deferred adjudication, or deferred disposition for an offense under Subsection (a) occurs may order the defendant to attend a program for parents of students with unexcused absences that provides instruction designed to assist those parents in identifying problems that contribute to the students' unexcused absences and in developing strategies for resolving those problems if a program is available.


(g) If a parent refuses to obey a court order entered under this section, the court may punish the parent for contempt of court under Section 21.002, Government Code.


(h) It is an affirmative defense to prosecution for an offense under Subsection (a) that one or more of the absences required to be proven under Subsection (a) was excused by a school official or should be excused by the court. The burden is on the defendant to show by a preponderance of the evidence that the absence has been or should be excused. A decision by the court to excuse an absence for purposes of this section does not affect the ability of the school district to determine whether to excuse the absence for another purpose.


(i) In this section, "parent" includes a person standing in parental relation.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 865, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1403, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1504, Sec. 24, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, Sec. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 137, Sec. 4, 5, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 283, Sec. 38, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 6.001, eff. Sept. 1, 2003.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 148 (H.B. 734), Sec. 1, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 11, eff. September 1, 2015.


Sec. 25.095. WARNING NOTICES. (a) A school district or open-enrollment charter school shall notify a student's parent in writing at the beginning of the school year that if the student is absent from school on 10 or more days or parts of days within a six-month period in the same school year:


(1) the student's parent is subject to prosecution under Section 25.093; and


(2) the student is subject to referral to a truancy court for truant conduct under Section 65.003(a), Family Code.


(b) A school district shall notify a student's parent if the student has been absent from school, without excuse under Section 25.087, on three days or parts of days within a four-week period. The notice must:


(1) inform the parent that:


(A) it is the parent's duty to monitor the student's school attendance and require the student to attend school; and


(B) the student is subject to truancy prevention measures under Section 25.0915; and


(2) request a conference between school officials and the parent to discuss the absences.


(c) The fact that a parent did not receive a notice under Subsection (a) or (b) does not create a defense under Section 25.093 or under Section 65.003(a), Family Code.


(d) In this section, "parent" includes a person standing in parental relation.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 25, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, Sec. 5, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 6.002, eff. Sept. 1, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 12, eff. September 1, 2015.


Sec. 25.0951. SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR FAILURE TO ATTEND SCHOOL. (a) If a student fails to attend school without excuse on 10 or more days or parts of days within a six-month period in the same school year, a school district shall within 10 school days of the student's 10th absence refer the student to a truancy court for truant conduct under Section 65.003(a), Family Code.


(b) If a student fails to attend school without excuse as specified by Subsection (a), a school district may file a complaint against the student's parent in a county, justice, or municipal court for an offense under Section 25.093 if the school district provides evidence of the parent's criminal negligence. In this subsection, "parent" includes a person standing in parental relation.


(c) A court shall dismiss a complaint made by a school district under Subsection (b) that:


(1) does not comply with this section;


(2) does not allege the elements required for the offense;


(3) is not timely filed, unless the school district delayed the referral under Subsection (d); or


(4) is otherwise substantively defective.


(d) Notwithstanding Subsection (a), a school district may delay a referral of a student for truant conduct, or may choose to not refer a student for truant conduct, if the school district:


(1) is applying truancy prevention measures to the student under Section 25.0915; and


(2) determines that the truancy prevention measures are succeeding and it is in the best interest of the student that a referral be delayed or not be made.


Added by Acts 2001, 77th Leg., ch. 1514, Sec. 6, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 137, Sec. 9, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 37, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 31, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 984 (S.B. 1161), Sec. 1, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.003, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 13, eff. September 1, 2015.


Sec. 25.0952. PROCEDURES APPLICABLE TO PARENT CONTRIBUTING TO NONATTENDANCE OFFENSE. In a proceeding based on a complaint under Section 25.093, the court shall, except as otherwise provided by this chapter, use the procedures and exercise the powers authorized by Chapter 45, Code of Criminal Procedure.


Added by Acts 2001, 77th Leg., ch. 1514, Sec. 6, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 137, Sec. 10, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 283, Sec. 40, eff. Sept. 1, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 14, eff. September 1, 2015.


SUBCHAPTER D. STUDENT/TEACHER RATIOS; CLASS SIZE



Sec. 25.111. STUDENT/TEACHER RATIOS. Except as provided by Section 25.112, each school district must employ a sufficient number of teachers certified under Subchapter B, Chapter 21, to maintain an average ratio of not less than one teacher for each 20 students in average daily attendance.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.112. CLASS SIZE. (a) Except as otherwise authorized by this section, a school district may not enroll more than 22 students in a kindergarten, first, second, third, or fourth grade class. That limitation does not apply during:


(1) any 12-week period of the school year selected by the district, in the case of a district whose average daily attendance is adjusted under Section 48.005(c); or


(2) the last 12 weeks of any school year in the case of any other district.


(b) Not later than the 30th day after the first day of the 12-week period for which a district whose average daily attendance is adjusted under Section 48.005(c) is claiming an exemption under Subsection (a), the district shall notify the commissioner in writing that the district is claiming an exemption for the period stated in the notice.


(c) In determining the number of students to enroll in any class, a school district shall consider the subject to be taught, the teaching methodology to be used, and any need for individual instruction.


(d) On application of a school district, the commissioner may except the district from the limit in Subsection (a) if the commissioner finds the limit works an undue hardship on the district. An exception expires at the end of the school year for which it is granted.


(e) A school district seeking an exception under Subsection (d) shall notify the commissioner and apply for the exception not later than the later of:


(1) October 1; or


(2) the 30th day after the first school day the district exceeds the limit in Subsection (a).


(f) If a school district repeatedly fails to comply with this section, the commissioner may take any appropriate action authorized to be taken by the commissioner under Section 39.131.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 889, Sec. 1, eff. June 14, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1347 (S.B. 300), Sec. 2, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.020, eff. September 1, 2019.


Sec. 25.113. NOTICE OF CLASS SIZE. (a) A campus or district that is granted an exception under Section 25.112(d) from class size limits shall provide written notice of the exception to the parent of or person standing in parental relation to each student affected by the exception. The notice must be in conspicuous bold or underlined print and:


(1) specify the class for which an exception from the limit imposed by Section 25.112(a) was granted;


(2) state the number of children in the class for which the exception was granted; and


(3) be included in a regular mailing or other communication from the campus or district, such as information sent home with students.


(b) The notice required by Subsection (a) must be provided not later than the 31st day after:


(1) the first day of the school year; or


(2) the date the exception is granted, if the exception is granted after the beginning of the school year.


Added by Acts 2001, 77th Leg., ch. 889, Sec. 2, eff. June 14, 2001.


Sec. 25.114. STUDENT/TEACHER RATIOS IN PHYSICAL EDUCATION CLASSES; CLASS SIZE. (a) In implementing the curriculum for physical education under Section 28.002(a)(2)(C), each school district shall establish specific objectives and goals the district intends to accomplish through the curriculum, including, to the extent practicable, student/teacher ratios that are small enough to enable the district to:


(1) carry out the purposes of and requirements for the physical education curriculum as provided under Section 28.002(d); and


(2) ensure the safety of students participating in physical education.


(b) If a district establishes a student to teacher ratio greater than 45 to 1 in a physical education class, the district shall specifically identify the manner in which the safety of the students will be maintained.


Added by Acts 2009, 81st Leg., R.S., Ch. 773 (S.B. 891), Sec. 2, eff. June 19, 2009.


SUBCHAPTER E. STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS



Sec. 25.151. STUDENT EXPRESSION. A school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.152. LIMITED PUBLIC FORUM; SCHOOL DISTRICT POLICY. (a) To ensure that the school district does not discriminate against a student's publicly stated voluntary expression of a religious viewpoint, if any, and to eliminate any actual or perceived affirmative school sponsorship or attribution to the district of a student's expression of a religious viewpoint, if any, a school district shall adopt a policy, which must include the establishment of a limited public forum for student speakers at all school events at which a student is to publicly speak. The policy regarding the limited public forum must also require the school district to:


(1) provide the forum in a manner that does not discriminate against a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject;


(2) provide a method, based on neutral criteria, for the selection of student speakers at school events and graduation ceremonies;


(3) ensure that a student speaker does not engage in obscene, vulgar, offensively lewd, or indecent speech; and


(4) state, in writing, orally, or both, that the student's speech does not reflect the endorsement, sponsorship, position, or expression of the district.


(b) The school district disclaimer required by Subsection (a)(4) must be provided at all graduation ceremonies. The school district must also continue to provide the disclaimer at any other event in which a student speaks publicly for as long as a need exists to dispel confusion over the district's nonsponsorship of the student's speech.


(c) Student expression on an otherwise permissible subject may not be excluded from the limited public forum because the subject is expressed from a religious viewpoint.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.153. RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS. Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. Homework and classroom assignments must be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school district. Students may not be penalized or rewarded on account of the religious content of their work.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.154. FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES. Students may organize prayer groups, religious clubs, "see you at the pole" gatherings, or other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups without discrimination based on the religious content of the students' expression. If student groups that meet for nonreligious activities are permitted to advertise or announce meetings of the groups, the school district may not discriminate against groups that meet for prayer or other religious speech. A school district may disclaim school sponsorship of noncurricular groups and events in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.155. ADOPTION OF POLICY. A school district shall adopt and implement a local policy regarding a limited public forum and voluntary student expression of religious viewpoints. If a school district voluntarily adopts and follows the model policy governing voluntary religious expression in public schools as provided by Section 25.156, the district is in compliance with the provisions of this subchapter covered by the model policy.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.156. MODEL POLICY GOVERNING VOLUNTARY RELIGIOUS EXPRESSION IN PUBLIC SCHOOLS. In this section, "model policy" means a local policy adopted by the school district that is substantially identical to the following:


ARTICLE I



STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS



The school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


ARTICLE II



STUDENT SPEAKERS AT NONGRADUATION EVENTS



The school district hereby creates a limited public forum for student speakers at all school events at which a student is to publicly speak. For each speaker, the district shall set a maximum time limit reasonable and appropriate to the occasion. Student speakers shall introduce:


(1) football games;


(2) any other athletic events designated by the district;


(3) opening announcements and greetings for the school day; and


(4) any additional events designated by the district, which may include, without limitation, assemblies and pep rallies.


The forum shall be limited in the manner provided by this article.


Only those students in the highest two grade levels of the school and who hold one of the following positions of honor based on neutral criteria are eligible to use the limited public forum: student council officers, class officers of the highest grade level in the school, captains of the football team, and other students holding positions of honor as the school district may designate.


An eligible student shall be notified of the student's eligibility, and a student who wishes to participate as an introducing speaker shall submit the student's name to the student council or other designated body during an announced period of not less than three days. The announced period may be at the beginning of the school year, at the end of the preceding school year so student speakers are in place for the new year, or, if the selection process will be repeated each semester, at the beginning of each semester or at the end of the preceding semester so speakers are in place for the next semester. The names of the volunteering student speakers shall be randomly drawn until all names have been selected, and the names shall be listed in the order drawn. Each selected student will be matched chronologically to the event for which the student will be giving the introduction. Each student may speak for one week at a time for all introductions of events that week, or rotate after each speaking event, or otherwise as determined by the district. The list of student speakers shall be chronologically repeated as needed, in the same order. The district may repeat the selection process each semester rather than once a year.


The subject of the student introductions must be related to the purpose of the event and to the purpose of marking the opening of the event, honoring the occasion, the participants, and those in attendance, bringing the audience to order, and focusing the audience on the purpose of the event. The subject must be designated, a student must stay on the subject, and the student may not engage in obscene, vulgar, offensively lewd, or indecent speech. The school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


For as long as there is a need to dispel confusion over the nonsponsorship of the student's speech, at each event in which a student will deliver an introduction, a disclaimer shall be stated in written or oral form, or both, such as, "The student giving the introduction for this event is a volunteering student selected on neutral criteria to introduce the event. The content of the introduction is the private expression of the student and does not reflect the endorsement, sponsorship, position, or expression of the school district."


Certain students who have attained special positions of honor in the school have traditionally addressed school audiences from time to time as a tangential component of their achieved positions of honor, such as the captains of various sports teams, student council officers, class officers, homecoming kings and queens, prom kings and queens, and the like, and have attained their positions based on neutral criteria. Nothing in this policy eliminates the continuation of the practice of having these students, irrespective of grade level, address school audiences in the normal course of their respective positions. The school district shall create a limited public forum for the speakers and shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


ARTICLE III



STUDENT SPEAKERS AT GRADUATION CEREMONIES



The school district hereby creates a limited public forum consisting of an opportunity for a student to speak to begin graduation ceremonies and another student to speak to end graduation ceremonies. For each speaker, the district shall set a maximum time limit reasonable and appropriate to the occasion.


The forum shall be limited in the manner provided by this article.


Only students who are graduating and who hold one of the following neutral criteria positions of honor shall be eligible to use the limited public forum: student council officers, class officers of the graduating class, the top three academically ranked graduates, or a shorter or longer list of student leaders as the school district may designate. A student who will otherwise have a speaking role in the graduation ceremonies is ineligible to give the opening and closing remarks. The names of the eligible volunteering students will be randomly drawn. The first name drawn will give the opening and the second name drawn will give the closing.


The topic of the opening and closing remarks must be related to the purpose of the graduation ceremony and to the purpose of marking the opening and closing of the event, honoring the occasion, the participants, and those in attendance, bringing the audience to order, and focusing the audience on the purpose of the event.


In addition to the students giving the opening and closing remarks, certain other students who have attained special positions of honor based on neutral criteria, including, without limitation, the valedictorian, will have speaking roles at graduation ceremonies. For each speaker, the school district shall set a maximum time limit reasonable and appropriate to the occasion and to the position held by the speaker. For this purpose, the district creates a limited public forum for these students to deliver the addresses. The subject of the addresses must be related to the purpose of the graduation ceremony, marking and honoring the occasion, honoring the participants and those in attendance, and the student's perspective on purpose, achievement, life, school, graduation, and looking forward to the future.


The subject must be designated for each student speaker, the student must stay on the subject, and the student may not engage in obscene, vulgar, offensively lewd, or indecent speech. The school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


A written disclaimer shall be printed in the graduation program that states, "The students who will be speaking at the graduation ceremony were selected based on neutral criteria to deliver messages of the students' own choices. The content of each student speaker's message is the private expression of the individual student and does not reflect any position or expression of the school district or the board of trustees, or the district's administration, or employees of the district, or the views of any other graduate. The contents of these messages were prepared by the student volunteers, and the district refrained from any interaction with student speakers regarding the student speakers' viewpoints on permissible subjects."


ARTICLE IV



RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS



Students may express the students' beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of the students' submission. Homework and classroom work shall be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school. Students may not be penalized or rewarded on account of religious content. If a teacher's assignment involves writing a poem, the work of a student who submits a poem in the form of a prayer (for example, a psalm) should be judged on the basis of academic standards, including literary quality, and not penalized or rewarded on account of its religious content.


ARTICLE V



FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES



Students may organize prayer groups, religious clubs, "see you at the pole" gatherings, and other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups, without discrimination based on the religious content of the group's expression. If student groups that meet for nonreligious activities are permitted to advertise or announce the groups' meetings, for example, by advertising in a student newspaper, putting up posters, making announcements on a student activities bulletin board or public address system, or handing out leaflets, school authorities may not discriminate against groups that meet for prayer or other religious speech. School authorities may disclaim sponsorship of noncurricular groups and events, provided they administer the disclaimer in a manner that does not favor or disfavor groups that meet to engage in prayer or other religious speech.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


SUBCHAPTER Z. MISCELLANEOUS PROVISIONS RELATING TO STUDENTS



Sec. 25.901. EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY. A public school student has an absolute right to individually, voluntarily, and silently pray or meditate in school in a manner that does not disrupt the instructional or other activities of the school. A person may not require, encourage, or coerce a student to engage in or refrain from such prayer or meditation during any school activity.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.904. USE OF CALCULATOR APPLICATION IN PLACE OF GRAPHING CALCULATOR. (a) A school district shall permit a student enrolled in a course that requires the student to use a graphing calculator to use a calculator application on a computing device, including a personal, laptop, or tablet computer, that provides the same functionality, unless the district makes available to the student a graphing calculator at no cost to the student.


(b) A school district may adopt policies related to student use of a computing device under this section.


(c) To the extent this section conflicts with Section 37.082, this section prevails.


Added by Acts 2019, 86th Leg., R.S., Ch. 1315 (H.B. 3906), Sec. 7, eff. June 14, 2019.

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EDUCATION CODE CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE

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EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE E. STUDENTS AND PARENTS CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE SUBCHAPTER A. ADMISSION AND ENROLLMENT Sec. 25.001. ADMISSION.

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EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE E. STUDENTS AND PARENTS



CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE



SUBCHAPTER A. ADMISSION AND ENROLLMENT



Sec. 25.001. ADMISSION. (a) A person who, on the first day of September of any school year, is at least five years of age and under 21 years of age, or is at least 21 years of age and under 26 years of age and is admitted by a school district to complete the requirements for a high school diploma is entitled to the benefits of the available school fund for that year. Any other person enrolled in a prekindergarten class under Section 29.153 is entitled to the benefits of the available school fund.


(b) The board of trustees of a school district or its designee shall admit into the public schools of the district free of tuition a person who is over five and younger than 21 years of age on the first day of September of the school year in which admission is sought, and may admit a person who is at least 21 years of age and under 26 years of age for the purpose of completing the requirements for a high school diploma, if:


(1) the person and either parent of the person reside in the school district;


(2) the person does not reside in the school district but a parent of the person resides in the school district and that parent is a joint managing conservator or the sole managing conservator or possessory conservator of the person;


(3) the person and the person's guardian or other person having lawful control of the person under a court order reside within the school district;


(4) the person has established a separate residence under Subsection (d);


(5) the person is homeless, regardless of the residence of the person, of either parent of the person, or of the person's guardian or other person having lawful control of the person;


(6) the person is a foreign exchange student placed with a host family that resides in the school district by a nationally recognized foreign exchange program, unless the school district has applied for and been granted a waiver by the commissioner under Subsection (e);


(7) the person resides at a residential facility located in the district;


(8) the person resides in the school district and is 18 years of age or older or the person's disabilities of minority have been removed;


(9) the person does not reside in the school district but the grandparent of the person:


(A) resides in the school district; and


(B) provides a substantial amount of after-school care for the person as determined by the board; or


(10) the person and either parent of the person reside in a residence homestead, as defined by Section 11.13(j), Tax Code, that is located on a parcel of property any part of which is located in the school district.


(b-1) A person who is 21 years of age or older and is admitted by a school district for the purpose stated in Subsection (b) is not eligible for placement in a disciplinary alternative education program or a juvenile justice alternative education program if the person engages in conduct that would require or authorize such placement for a student under the age of 21. If the student engages in conduct that would otherwise require such placement, the district shall revoke admission of the student into the public schools of the district.


(b-2) A person who is 21 years of age or older who is admitted by a school district to complete the requirements for a high school diploma and who has not attended school in the three preceding school years may not be placed with a student who is 18 years of age or younger in a classroom setting, a cafeteria, or another district-sanctioned school activity. Nothing in this subsection prevents a student described by this subsection from attending a school-sponsored event that is open to the public as a member of the public.


(c) The board of trustees of a school district or the board's designee may require evidence that a person is eligible to attend the public schools of the district at the time the board or its designee considers an application for admission of the person. The board of trustees or its designee shall establish minimum proof of residency acceptable to the district. The board of trustees or its designee may make reasonable inquiries to verify a person's eligibility for admission.


(c-1) A person whose parent or guardian is an active-duty member of the armed forces of the United States, including the state military forces or a reserve component of the armed forces, may establish residency for purposes of Subsection (b) by providing to the school district a copy of a military order requiring the parent's or guardian's transfer to a military installation in or adjacent to the district's attendance zone.


(c-2) A person who establishes residency as provided by Subsection (c-1) shall provide to the school district proof of residence in the district's attendance zone not later than the 10th day after the arrival date specified in the order described by that subsection. For purposes of this subsection, "residence" includes residence in a military temporary lodging facility.


(d) For a person under the age of 18 years to establish a residence for the purpose of attending the public schools separate and apart from the person's parent, guardian, or other person having lawful control of the person under a court order, it must be established that the person's presence in the school district is not for the primary purpose of participation in extracurricular activities. The board of trustees shall determine whether an applicant for admission is a resident of the school district for purposes of attending the public schools and may adopt reasonable guidelines for making a determination as necessary to protect the best interests of students. The board of trustees is not required to admit a person under this subsection if the person:


(1) has engaged in conduct or misbehavior within the preceding year that has resulted in:


(A) removal to a disciplinary alternative education program; or


(B) expulsion;


(2) has engaged in delinquent conduct or conduct in need of supervision and is on probation or other conditional release for that conduct; or


(3) has been convicted of a criminal offense and is on probation or other conditional release.


(e) A school district may request that the commissioner waive the requirement that the district admit a foreign exchange student who meets the conditions of Subsection (b)(6). The commissioner shall respond to a district's request not later than the 60th day after the date of receipt of the request. The commissioner shall grant the request and issue a waiver effective for a period not to exceed three years if the commissioner determines that admission of a foreign exchange student would:


(1) create a financial or staffing hardship for the district;


(2) diminish the district's ability to provide high quality educational services for the district's domestic students; or


(3) require domestic students to compete with foreign exchange students for educational resources.


(f) A child placed in foster care by an agency of the state or by a political subdivision shall be permitted to attend the public schools in the district in which the foster parents reside free of any charge to the foster parents or the agency. A durational residence requirement may not be used to prohibit that child from fully participating in any activity sponsored by the school district.


(g) A student who was enrolled in a primary or secondary public school before the student entered the conservatorship of the Department of Family and Protective Services and who is placed at a residence outside the attendance area for the school or outside the school district is entitled to continue to attend the school in which the student was enrolled immediately before entering conservatorship until the student successfully completes the highest grade level offered by the school at the time of placement without payment of tuition. The student is entitled to continue to attend the school regardless of whether the student remains in the conservatorship of the department for the duration of the student's enrollment in the school.


(g-1) If a student who is in the conservatorship of the department is enrolled in a primary or secondary public school, other than the school in which the student was enrolled at the time the student was placed in the conservatorship of the department, the student is entitled to continue to attend that school without payment of tuition until the student successfully completes the highest grade level offered by the school at the time of enrollment in the school, even if the child's placement is changed to a residence outside the attendance area for that school or outside the school district. The student is entitled to continue to attend the school regardless of whether the student remains in the conservatorship of the department for the duration of the student's enrollment in the school.


(h) In addition to the penalty provided by Section 37.10, Penal Code, a person who knowingly falsifies information on a form required for enrollment of a student in a school district is liable to the district if the student is not eligible for enrollment in the district but is enrolled on the basis of the false information. The person is liable, for the period during which the ineligible student is enrolled, for the greater of:


(1) the maximum tuition fee the district may charge under Section 25.038; or


(2) the amount the district has budgeted for each student as maintenance and operating expenses.


(i) A school district may include on an enrollment form notice of the penalties provided by Section 37.10, Penal Code, and of the liability provided by Subsection (h) for falsifying information on the form.


(j) For the purposes of this subchapter, the board of trustees of a school district by policy may allow a person showing evidence of legal responsibility for a child other than an order of a court to substitute for a guardian or other person having lawful control of the child under an order of a court.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1019, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.08, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1055, Sec. 2, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 164 (H.B. 25), Sec. 2, eff. May 27, 2005.


Acts 2005, 79th Leg., Ch. 920 (H.B. 283), Sec. 1, eff. June 18, 2005.


Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 1, eff. June 15, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 4.002, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 9, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 3, eff. May 28, 2015.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 1, eff. September 1, 2015.


Acts 2019, 86th Leg., R.S., Ch. 262 (H.B. 1597), Sec. 1, eff. May 28, 2019.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.03, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 823 (H.B. 2526), Sec. 1, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.016, eff. September 1, 2019.


Sec. 25.0011. CERTAIN INCARCERATED CHILDREN. (a) For purposes of Section 25.001, a person is not considered to reside in a school district if:


(1) the person is incarcerated in a private juvenile detention facility in the district as a result of the order of a court in another state; and


(2) the person resided in another state or country immediately before incarceration in the facility.


(b) A school district may provide educational services to a person described by Subsection (a) if the district is fully compensated for the cost of the services through payment of tuition for the person by the operator of the juvenile detention facility or other person having lawful control of the person in an amount equal to the actual cost of educating the person.


(c) For purposes of this section, "private juvenile detention facility" means a juvenile detention facility that is not operated by a governmental entity.


Added by Acts 1999, 76th Leg., ch. 1477, Sec. 30, eff. Sept. 1, 1999.


Sec. 25.002. REQUIREMENTS FOR ENROLLMENT. (a) If a parent or other person with legal control of a child under a court order enrolls the child in a public school, the parent or other person or the school district in which the child most recently attended school shall furnish to the school district:


(1) the child's birth certificate or another document suitable as proof of the child's identity;


(2) a copy of the child's records from the school the child most recently attended if the child has been previously enrolled in a school in this state or another state; and


(3) a record showing that the child has the immunizations as required under Section 38.001, in the case of a child required under that section to be immunized, proof as required by that section showing that the child is not required to be immunized, or proof that the child is entitled to provisional admission under that section and under rules adopted under that section.


(a-1) Information a school district furnishes under Subsections (a)(1) and (2) must be furnished by the district not later than the 10th working day after the date a request for the information is received by the district. Information a parent or other person with legal control of a child under a court order furnishes under Subsections (a)(1) and (2) must be furnished by the parent or other person not later than the 30th day after the date a child is enrolled in a public school. If a parent or other person with legal control of a child under a court order requests that a district transfer a child's student records, the district to which the request is made shall notify the parent or other person as soon as practicable that the parent or other person may request and receive an unofficial copy of the records for delivery in person to a school in another district.


(b) If a child is enrolled under a name other than the child's name as it appears in the identifying document or records, the school district shall notify the missing children and missing persons information clearinghouse of the child's name as shown on the identifying document or records and the name under which the child is enrolled. The information in the notice is confidential and may be released only to a law enforcement agency.


(c) If the information required by Subsection (a) is not furnished to the district within the period provided by that subsection, the district shall notify the police department of the municipality or sheriff's department of the county in which the district is located and request a determination of whether the child has been reported as missing.


(d) When accepting a child for enrollment, the school district shall inform the parent or other person enrolling the child that presenting a false document or false records under this section is an offense under Section 37.10, Penal Code, and that enrollment of the child under false documents subjects the person to liability for tuition or costs under Section 25.001(h).


(e) A person commits an offense if the person enrolls a child in a public school and fails to furnish an identifying document or record relating to the child on the request of a law enforcement agency conducting an investigation in response to a notification under Subsection (c). An offense under this subsection is a Class B misdemeanor.


(f) Except as otherwise provided by this subsection, for a child to be enrolled in a public school, the child must be enrolled by the child's parent or by the child's guardian or other person with legal control of the child under a court order. A school district shall record the name, address, and date of birth of the person enrolling a child.


(g) A school district shall accept a child for enrollment in a public school without the documentation required by Subsection (a) if the Department of Protective and Regulatory Services has taken possession of the child under Chapter 262, Family Code. The Department of Protective and Regulatory Services shall ensure that the documentation required by Subsection (a) is furnished to the school district not later than the 30th day after the date the child is enrolled in the school.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 34, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1514, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 234, Sec. 2, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 164 (H.B. 25), Sec. 3, eff. May 27, 2005.


Sec. 25.0021. USE OF LEGAL SURNAME. In each public school a student must be identified by the student's legal surname as that name appears:


(1) on the student's birth certificate or other document suitable as proof of the student's identity; or


(2) in a court order changing the student's name.


Added by Acts 2001, 77th Leg., ch. 1300, Sec. 1, eff. Sept. 1, 2001.


Sec. 25.0022. FOOD ALLERGY INFORMATION REQUESTED UPON ENROLLMENT. (a) In this section, "severe food allergy" means a dangerous or life-threatening reaction of the human body to a food-borne allergen introduced by inhalation, ingestion, or skin contact that requires immediate medical attention.


(b) On enrollment of a child in a public school, a school district shall request, by providing a form or otherwise, that a parent or other person with legal control of the child under a court order:


(1) disclose whether the child has a food allergy or a severe food allergy that, in the judgment of the parent or other person with legal control, should be disclosed to the district to enable the district to take any necessary precautions regarding the child's safety; and


(2) specify the food to which the child is allergic and the nature of the allergic reaction.


(c) A school district shall maintain the confidentiality of information provided under this section, and may disclose the information to teachers, school counselors, school nurses, and other appropriate school personnel only to the extent consistent with district policy under Section 38.009 and permissible under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).


(d) Except as provided by Subsections (e) and (f), information regarding a child's food allergy, regardless of how it is received by the school or school district, shall be retained in the child's student records but may not be placed in the health record maintained for the child by the school district.


(e) If the school receives documentation of a food allergy from a physician, that documentation shall be placed in the health record maintained for the child by the school district.


(f) A registered nurse may enter appropriate notes about a child's possible food allergy in the health record maintained for the child by the school district, including a notation that the child's student records indicate that a parent has notified the school district of the child's possible food allergy.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1276 (H.B. 742), Sec. 1, eff. June 17, 2011.


Sec. 25.003. TUITION FOR CERTAIN CHILDREN FROM OTHER STATES. (a) Notwithstanding any other provision of this code, a school district shall charge tuition for a child who resides at a residential facility and whose maintenance expenses are paid in whole or in part by another state or the United States.


(b) A tuition charge under this section must be submitted to the commissioner for approval.


(c) The attendance of the child is not counted for purposes of allocating state funds to the district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.09, eff. Sept. 1, 1999.


Sec. 25.0031. TUITION FOR STUDENTS HOLDING CERTAIN STUDENT VISAS. (a) Notwithstanding any other provision of this code, if a student is required, as a condition of obtaining or holding the appropriate United States student visa, to pay tuition to the school district or open-enrollment charter school that the student attends to cover the cost of the student's education provided by the district or charter school, the district or charter school shall accept tuition for the student in an amount equal to the full unsubsidized per capita cost of providing the student's education for the period of the student's attendance at school in the district or at the charter school.


(b) The commissioner shall, for purposes of Subsection (a), develop guidelines for determining the amount of the full unsubsidized per capita cost of providing a student's education. A school district or open-enrollment charter school may not accept tuition in an amount greater than the amount computed under the commissioner's guidelines unless the commissioner approves a greater amount as a more accurate reflection of the cost of education to be provided by the district or charter school.


(c) Notwithstanding any other provision of this code, the attendance of a student for whom a school district or open-enrollment charter school accepts tuition under this section is not counted for purposes of allocating state funds to the district or charter school.


Added by Acts 2013, 83rd Leg., R.S., Ch. 523 (S.B. 453), Sec. 1, eff. June 14, 2013.


Sec. 25.004. TUITION FOR CERTAIN MILITARY DEPENDENTS PROHIBITED. A school district may not charge tuition for the attendance of a student who is domiciled in another state and resides in military housing that is located in the district but is exempt from taxation by the district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 526, Sec. 1, eff. Sept. 11, 2001.


Sec. 25.005. RECIPROCITY AGREEMENTS REGARDING MILITARY PERSONNEL AND DEPENDENTS. (a) To facilitate the transfer of military personnel and their dependents to and from the public schools of this state, the agency shall pursue reciprocity agreements governing the terms of those transfers with other states that are not parties to the Interstate Compact on Educational Opportunity for Military Children adopted under Chapter 162.


(b) A reciprocity agreement must:


(1) address procedures for:


(A) transferring student records;


(B) awarding credit for completed course work; and


(C) permitting a student to satisfy the requirements of Section 39.025 through successful performance on comparable end-of-course or other exit-level assessment instruments administered in another state; and


(2) include appropriate criteria developed by the agency.


Added by Acts 2001, 77th Leg., ch. 1073, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 149, Sec. 24, eff. May 27, 2003; Acts 2003, 78th Leg., ch. 445, Sec. 1, eff. June 20, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 3, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 8 (S.B. 90), Sec. 2, eff. May 5, 2009.


Sec. 25.006. TRANSITION ASSISTANCE FOR MILITARY DEPENDENTS. (a) The legislature finds that:


(1) school-age dependents of military personnel are faced with numerous transitions during their formative years; and


(2) military dependents who move from one school to another during the high school years are faced with special challenges to learning and future achievement.


(b) In recognition of the challenges faced by military dependents and the importance of military families to our community and economy, the agency shall assist the transition of military students from one school to another by:


(1) improving the timely transfer of student records;


(2) developing systems to ease student transition during the first two weeks of enrollment at a new school;


(3) promoting practices that foster student access to extracurricular programs;


(4) establishing procedures to lessen the adverse impact of student moves to a new school after the end of the student's junior year of high school;


(5) encouraging or maintaining partnerships between military bases and affected school districts;


(6) encouraging school districts to provide services for military students in transition when applying for admission to postsecondary study and when seeking sources of funding for postsecondary study; and


(7) providing other assistance as identified by the agency.


(c) The agency shall collect data each year from school districts and open-enrollment charter schools through the Public Education Information Management System (PEIMS) relating to the enrollment of military-connected students. The data relating to the enrollment of military-connected students under this section:


(1) must include the number of active duty military-connected students and the number of National Guard or reserve military-connected students enrolled in the school district or open-enrollment charter school on a date at the beginning of the school year specified by the agency and a date at the end of the school year specified by the agency; and


(2) may not be used for purposes of determining a campus or district performance rating under Section 39.054.


(d) In this section, "military-connected student" means a student enrolled in a school district or open-enrollment charter school who:


(1) is a dependent of a current or former member of:


(A) the United States military;


(B) the Texas National Guard; or


(C) a reserve force of the United States military; or


(2) was a dependent of a member of a military or reserve force described by Subdivision (1) who was killed in the line of duty.


Added by Acts 2005, 79th Leg., Ch. 164 (H.B. 25), Sec. 1, eff. May 27, 2005.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 173 (H.B. 525), Sec. 1, eff. May 25, 2013.


Acts 2019, 86th Leg., R.S., Ch. 269 (S.B. 1557), Sec. 1, eff. May 28, 2019.


Sec. 25.007. TRANSITION ASSISTANCE FOR STUDENTS WHO ARE HOMELESS OR IN SUBSTITUTE CARE. (a) The legislature finds that:


(1) students who are homeless or in substitute care are faced with numerous transitions during their formative years; and


(2) students who are homeless or in substitute care who move from one school to another are faced with special challenges to learning and future achievement.


(a-1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 3.01(2), eff. June 10, 2019.


(b) In recognition of the challenges faced by students who are homeless or in substitute care, the agency shall assist the transition of students who are homeless or in substitute care from one school to another by:


(1) ensuring that school records for a student who is homeless or in substitute care are transferred to the student's new school not later than the 10th working day after the date the student begins enrollment at the school;


(2) developing systems to ease transition of a student who is homeless or in substitute care during the first two weeks of enrollment at a new school;


(3) developing procedures for awarding credit, including partial credit if appropriate, for course work, including electives, completed by a student who is homeless or in substitute care while enrolled at another school;


(4) developing procedures to ensure that a new school relies on decisions made by the previous school regarding placement in courses or educational programs of a student who is homeless or in substitute care and places the student in comparable courses or educational programs at the new school, if those courses or programs are available;


(5) promoting practices that facilitate access by a student who is homeless or in substitute care to extracurricular programs, summer programs, credit transfer services, electronic courses provided under Chapter 30A, and after-school tutoring programs at nominal or no cost;


(6) establishing procedures to lessen the adverse impact of the movement of a student who is homeless or in substitute care to a new school;


(7) entering into a memorandum of understanding with the Department of Family and Protective Services regarding the exchange of information as appropriate to facilitate the transition of students in substitute care from one school to another;


(8) encouraging school districts and open-enrollment charter schools to provide services for a student who is homeless or in substitute care in transition when applying for admission to postsecondary study and when seeking sources of funding for postsecondary study;


(9) requiring school districts, campuses, and open-enrollment charter schools to accept a referral for special education services made for a student who is homeless or in substitute care by a school previously attended by the student, and to provide comparable services to the student during the referral process or until the new school develops an individualized education program for the student;


(10) requiring school districts, campuses, and open-enrollment charter schools to provide notice to the child's educational decision-maker and caseworker regarding events that may significantly impact the education of a child, including:


(A) requests or referrals for an evaluation under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or special education under Section 29.003;


(B) admission, review, and dismissal committee meetings;


(C) manifestation determination reviews required by Section 37.004(b);


(D) any disciplinary actions under Chapter 37 for which parental notice is required;


(E) citations issued for Class C misdemeanor offenses on school property or at school-sponsored activities;


(F) reports of restraint and seclusion required by Section 37.0021;


(G) use of corporal punishment as provided by Section 37.0011; and


(H) appointment of a surrogate parent for the child under Section 29.0151;


(11) developing procedures for allowing a student who is homeless or in substitute care who was previously enrolled in a course required for graduation the opportunity, to the extent practicable, to complete the course, at no cost to the student, before the beginning of the next school year;


(12) ensuring that a student who is homeless or in substitute care who is 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, has the student's course credit accrual and personal graduation plan reviewed;


(13) ensuring that a student in substitute care who is in grade 11 or 12 be provided information regarding tuition and fee exemptions under Section 54.366 for dual-credit or other courses provided by a public institution of higher education for which a high school student may earn joint high school and college credit;


(14) designating at least one agency employee to act as a liaison officer regarding educational issues related to students in the conservatorship of the Department of Family and Protective Services; and


(15) providing other assistance as identified by the agency.


(c) The commissioner may establish rules to implement this section and to facilitate the transition between schools of children who are homeless or in substitute care.


Added by Acts 2009, 81st Leg., R.S., Ch. 850 (S.B. 2248), Sec. 1, eff. June 19, 2009.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 10, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1354 (S.B. 1404), Sec. 1, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 746 (H.B. 1804), Sec. 1, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 822 (H.B. 3748), Sec. 1, eff. June 17, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1206 (S.B. 1494), Sec. 1, eff. June 19, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1206 (S.B. 1494), Sec. 2, eff. June 19, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1206 (S.B. 1494), Sec. 3, eff. June 19, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 5.002, eff. September 1, 2015.


Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 419 (S.B. 1220), Sec. 1, eff. June 1, 2017.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 419 (S.B. 1220), Sec. 2, eff. June 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 3.01(2), eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 781 (H.B. 1709), Sec. 1, eff. June 10, 2019.


Sec. 25.008. ENROLLMENT IN SUMMER SCHOOL COURSE BY PERSON NOT ENROLLED IN DISTRICT. (a) Except as provided by Subsection (b), a school district shall permit a person who is eligible under Section 25.001 to attend school in the district but who is not enrolled in school in the district to enroll in a district summer school course on the same basis as a district student, including:


(1) satisfaction of any course eligibility requirement; and


(2) payment of any fee authorized under Section 11.158 that is charged in connection with the course.


(b) Subsection (a) does not apply to enrollment in a program under Section 29.088 or 29.090 or in a similar intensive program.


Added by Acts 2013, 83rd Leg., R.S., Ch. 344 (H.B. 2137), Sec. 1, eff. June 14, 2013.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.017, eff. September 1, 2019.


SUBCHAPTER B. ASSIGNMENTS AND TRANSFERS



Sec. 25.031. ASSIGNMENTS AND TRANSFERS IN DISCRETION OF GOVERNING BOARD. In conformity with this subchapter, the board of trustees of a school district or the board of county school trustees or a school employee designated by the board may assign and transfer any student from one school facility or classroom to another within its jurisdiction.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.032. BASIS FOR ASSIGNMENT OR TRANSFER. The board of trustees of a school district, the board of county school trustees, or the person acting for the board must make the decision concerning the assignment or transfer of a student on an individual basis and may not consider as a factor in its decision any matter relating to the national origin of the student or the student's ancestral language.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.033. ASSIGNMENT OR TRANSFER ON PETITION OF PARENT. The parent or person standing in parental relation to any student may by petition in writing either:


(1) request the assignment or transfer of the student to a designated school or to a school to be designated by the board; or


(2) file objections to the assignment of the student to the school to which the student has been assigned.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.034. HEARING; ACTION ON PETITION; APPEAL. (a) On receiving a petition under Section 25.033, the board of trustees of the school district or the board of county school trustees shall:


(1) if a hearing is not requested, act on the petition not later than the 30th day after the date the petition is submitted and notify the petitioner of the board's conclusion; or


(2) if a hearing is requested, designate a time and place for holding a hearing not later than the 30th day after the date the petition is submitted.


(b) If a hearing is requested, it shall be conducted by the board in compliance with this section.


(c) The petitioner may present evidence relevant to the individual student.


(d) The board may conduct investigations as to the objection or request, examine any student involved, and employ agents, professional or otherwise, for the purpose of examinations and investigations.


(e) The board must grant the request made in the petition unless the board determines that there is a reasonable basis for denying the request. The decision of the board, either with or without hearing, is final unless the student, or the parent, guardian, or custodian of the student as next friend, files exception to the decision of the board as constituting a denial of any right of the student guaranteed under the United States Constitution.


(f) If an exception is filed under Subsection (e), the board may reconsider its decision. If the board has not ruled on the exception before the 16th day after the date of the filing, the exception is considered overruled. If the exception is overruled, an appeal of the board's decision may be filed in the district court of the county in which the board is located. The petition must:


(1) be filed not later than the 30th day after the date of the board's final decision; and


(2) state the facts relevant to the student that relate to the alleged denial of the student's rights under the United States Constitution.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.0341. TRANSFER OF STUDENTS INVOLVED IN SEXUAL ASSAULT. (a) This section applies only to:


(1) a student:


(A) who has been convicted of continuous sexual abuse of young child or children under Section 21.02, Penal Code, or convicted of or placed on deferred adjudication for the offense of sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code, committed against another student who, at the time the offense occurred, was assigned to the same campus as the student convicted or placed on deferred adjudication;


(B) who has been adjudicated under Section 54.03, Family Code, as having engaged in conduct described by Paragraph (A);


(C) whose prosecution under Section 53.03, Family Code, for engaging in conduct described by Paragraph (A) has been deferred; or


(D) who has been placed on probation under Section 54.04(d)(1), Family Code, for engaging in conduct described by Paragraph (A); and


(2) a student who is the victim of conduct described by Subdivision (1)(A).


(b) On the request of a parent or other person with authority to act on behalf of a student who is a victim to whom Subsection (a)(2) applies:


(1) the board of trustees of the school district shall transfer the student to:


(A) a district campus other than:


(i) the campus to which the student was assigned at the time the conduct occurred; or


(ii) the campus to which the student who engaged in the conduct is assigned, if the student who engaged in the conduct has been assigned to a different campus since the conduct occurred; or


(B) a neighboring school district, if there is only one campus in the district serving the grade level in which the student is enrolled; or


(2) if the student does not wish to transfer to another campus or district, the board of trustees shall transfer the student who engaged in the conduct to:


(A) a district campus other than the campus to which the student who is the victim of the conduct is assigned; or


(B) the district's disciplinary alternative education program or juvenile justice alternative education program, if there is only one campus in the district serving the grade level in which the student who engaged in the conduct is enrolled.


(c) A transfer under Subsection (b)(1) must be to a campus or school district, as applicable, agreeable to the parent or other person with authority to act on the student's behalf.


(d) To the extent permitted under federal law, a school district shall notify the parent or other person with authority to act on behalf of a student who is a victim to whom Subsection (a)(2) applies of the campus or program to which the student who engaged in conduct described by Subsection (a)(1)(A) is assigned.


(e) This section applies regardless of whether the conduct occurred on or off of school property.


(f) Section 25.034 does not apply to a transfer under this section.


(g) A school district is not required to provide transportation to a student who transfers to another campus or school district under this section.


Added by Acts 2005, 79th Leg., Ch. 997 (H.B. 308), Sec. 1, eff. June 18, 2005.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.25, eff. September 1, 2007.


Sec. 25.0342. TRANSFER OF STUDENTS WHO ARE VICTIMS OF OR HAVE ENGAGED IN BULLYING.


(a) In this section, "bullying" has the meaning assigned by Section 37.0832.


(b) On the request of a parent or other person with authority to act on behalf of a student who is a victim of bullying, the board of trustees of a school district or the board's designee shall transfer the victim to:


(1) another classroom at the campus to which the victim was assigned at the time the bullying occurred; or


(2) a campus in the school district other than the campus to which the victim was assigned at the time the bullying occurred.


(b-1) The board of trustees of a school district may transfer the student who engaged in bullying to:


(1) another classroom at the campus to which the victim was assigned at the time the bullying occurred; or


(2) a campus in the district other than the campus to which the victim was assigned at the time the bullying occurred, in consultation with a parent or other person with authority to act on behalf of the student who engaged in bullying.


(b-2) Section 37.004 applies to a transfer under Subsection (b-1) of a student with a disability who receives special education services.


(c) The board of trustees or the board's designee shall verify that a student has been a victim of bullying before transferring the student under this section.


(d) The board of trustees or the board's designee may consider past student behavior when identifying a bully.


(e) The determination by the board of trustees or the board's designee is final and may not be appealed.


(f) A school district is not required to provide transportation to a student who transfers to another campus under Subsection (b)(2).


(g) Section 25.034 does not apply to a transfer under this section.


Added by Acts 2005, 79th Leg., Ch. 920 (H.B. 283), Sec. 2, eff. June 18, 2005.


Renumbered from Education Code, Section 25.0341 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(12), eff. September 1, 2007.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 2, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 3, eff. June 17, 2011.


Sec. 25.0343. TRANSFER OF STUDENTS RESIDING IN HOUSEHOLD OF STUDENT RECEIVING SPECIAL EDUCATION SERVICES. (a) If, for the purpose of receiving special education services under Subchapter A, Chapter 29, a school district assigns a student to a district campus other than the campus the student would attend based on the student's residence, the district shall permit the student's parent, guardian, or other person standing in parental relation to the student to obtain a transfer to the assigned campus for any other student residing in the household of the student receiving special education services, provided that:


(1) the other student is entitled under Section 25.001 to attend school in the district; and


(2) the appropriate grade level for the other student is offered at the campus.


(b) A school district is not required to provide transportation to a student who transfers to another campus under this section. This subsection does not affect any transportation services provided by the district in accordance with other law for the student receiving special education services.


(c) Section 25.034 does not apply to a transfer under this section.


(d) This section does not apply if the student receiving special education services resides in a residential facility.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 12.01, eff. May 31, 2006.


Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. The boards of trustees of two or more adjoining school districts or the boards of county school trustees of two or more adjoining counties may, by agreement and in accordance with Sections 25.032, 25.033, and 25.034, arrange for the transfer and assignment of any student from the jurisdiction of one board to that of another. In the case of the transfer and assignment of a student under this section, the participating governing boards shall also agree to the transfer of school funds or other payments proportionate to the transfer of attendance.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.036. TRANSFER OF STUDENT. (a) Any child, other than a high school graduate, who is younger than 21 years of age and eligible for enrollment on September 1 of any school year may transfer annually from the child's school district of residence to another district in this state if both the receiving district and the applicant parent or guardian or person having lawful control of the child jointly approve and timely agree in writing to the transfer.


(b) A transfer agreement under this section shall be filed and preserved as a receiving district record for audit purposes of the agency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.037. TRANSFER OF STATE FUNDS. On the timely filing with the agency of notice of a child's transfer and certification by the agency of the transfer, the state available school fund apportionment transfers with the child. For purposes of computing state allotments to school districts under the Foundation School Program, the attendance of the child before the date of transfer is counted by the transfer sending district and the attendance of the child after the date of transfer is counted by the transfer receiving district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.038. TUITION FEE FOR TRANSFER STUDENTS. The receiving school district may charge a tuition fee to the extent that the district's actual expenditure per student in average daily attendance, as determined by its board of trustees, exceeds the sum the district benefits from state aid sources as provided by Section 25.037. However, unless a tuition fee is prescribed and set out in a transfer agreement before its execution by the parties, an increase in tuition charge may not be made for the year of that transfer that exceeds the tuition charge, if any, of the preceding school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.039. CONTRACTS AND TUITION FOR EDUCATION OUTSIDE DISTRICT. (a) A school district that does not offer each grade level from kindergarten through grade 12 may provide by contract for students residing in the district who are at grade levels not offered by the district to be educated at those grade levels in one or more other districts. In each contract, the districts also shall agree to the transfer of school funds or other payments proportionate to the transfer of attendance.


(b) The school district in which the students reside shall pay tuition to any district with which it has a contract under this section for each of its students attending school in that district at a grade level for which the district has contracted. The amount of the tuition paid may not exceed the greater of the amount provided for by Section 25.038 or an amount specified by commissioner rule.


(c) A school district is not required to pay tuition to any district with which it has not contracted for the attendance by any of its students at a grade level for which it has contracted under this section with another district.


(d) A contract under this section may not be for a period exceeding five years.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 1.32, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1069, Sec. 1, eff. Sept. 1, 2003.


Sec. 25.040. TRANSFER TO DISTRICT OF BORDERING STATE. Any child entitled to attend the public school of any school district situated on the border of Louisiana, Arkansas, Oklahoma, or New Mexico who finds it more convenient to attend the public school in a district in the contiguous state may have the apportionment of the state and county available school funds paid to the school district of the contiguous state and may have additional tuition, if necessary, paid by the district of the child's residence on terms agreed on by the trustees of the receiving district and the trustees of the residence district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.041. TRANSFER OF CHILDREN OR WARDS OF EMPLOYEES OF STATE SUPPORTED LIVING CENTERS. A school-age child or ward of an employee of a state supported living center for persons with intellectual disabilities constituted as a school district who resides in the boundaries of center property but who is not a student at the center is entitled to attend school in a district adjacent to the center free of any charge to the child's or ward's parent or guardian provided the parent or guardian is required by the superintendent of the center to live on the grounds of the center for the convenience of this state. A tuition charge required by the admitting district shall be paid by the district constituting the state supported living center out of funds allotted to it by the agency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 1, eff. September 1, 2019.


Sec. 25.042. TRANSFER OF CHILDREN OF EMPLOYEES OF TEXAS JUVENILE JUSTICE DEPARTMENT FACILITIES. A school-age child of an employee of a facility of the Texas Juvenile Justice Department is entitled to attend school in a school district adjacent to the district in which the student resides free of any charge to the student's parents or guardian. Any tuition charge required by the admitting district shall be paid by the district from which the student transfers out of any funds appropriated to the facility.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 21, eff. September 1, 2015.


Sec. 25.043. CLASSROOM PLACEMENT OF MULTIPLE BIRTH SIBLINGS. (a) In this section:


(1) "Multiple birth sibling" means a twin, triplet, quadruplet, or other sibling resulting from a multiple birth.


(2) "Parent" includes a person standing in parental relation.


(b) The parent of multiple birth siblings who are assigned to the same grade level and school may request in writing, not later than the 14th day after the first day of enrollment, that the school place the siblings in the same classroom or in separate classrooms.


(c) Except as provided by Subsection (d) or (g), a school shall provide the multiple birth siblings with the classroom placement requested by the parent.


(d) At the end of the first grading period following the multiple birth siblings' enrollment in the school, if the principal of the school, in consultation with the teacher of each classroom in which the multiple birth siblings are placed, determines that the requested classroom placement is disruptive to the school, the principal may determine the appropriate classroom placement for the siblings.


(e) A parent may appeal the principal's classroom placement of multiple birth siblings in the manner provided by school district policy. During an appeal, the multiple birth siblings shall remain in the classroom chosen by the parent.


(f) The school may recommend to a parent the appropriate classroom placement for the multiple birth siblings and may provide professional educational advice to assist the parent with the decision regarding appropriate classroom placement.


(g) A school district is not required to place multiple birth siblings in separate classrooms if the request would require the school district to add an additional class to the grade level of the multiple birth siblings.


(h) This section does not affect:


(1) a right or obligation under Subchapter A, Chapter 29, or under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) regarding the individual placement decisions of the school district admission, review, and dismissal committee; or


(2) the right of a school district or teacher to remove a student from a classroom under Chapter 37.


Added by Acts 2007, 80th Leg., R.S., Ch. 91 (H.B. 314), Sec. 1, eff. May 15, 2007.


SUBCHAPTER C. OPERATION OF SCHOOLS AND SCHOOL ATTENDANCE



Sec. 25.081. OPERATION OF SCHOOLS. (a) Except as authorized under Subsection (b) of this section, Section 25.0815, Section 25.084, or Section 29.0821, for each school year each school district must operate for at least 75,600 minutes, including time allocated for instruction, intermissions, and recesses for students.


(b) The commissioner may approve the operation of schools for fewer than the number of minutes required under Subsection (a) if disaster, flood, extreme weather conditions, fuel curtailment, or another calamity causes the closing of schools.


(c) If the commissioner does not approve reduced operation time under Subsection (b), a school district may add additional minutes to the end of the district's normal school hours as necessary to compensate for minutes lost due to school closures caused by disaster, flood, extreme weather conditions, fuel curtailment, or another calamity.


(d) The commissioner may adopt rules to implement this section, including rules:


(1) for the application, on the basis of the minimum minutes of operation required by Subsection (a), of any provision of this title that refers to a minimum number of days of instruction under this section;


(2) to determine the minutes of operation that are equivalent to a day;


(3) defining minutes of operation and instructional time; and


(4) establishing the minimum number of minutes of instructional time required for a full-day and a half-day program to meet the time requirements under Subsection (a).


(e) A school district or education program is exempt from the minimum minutes of operation requirement if the district's or program's average daily attendance is calculated under Section 48.005(j).


(f) The commissioner may proportionally reduce the amount of funding a district receives under Chapter 46, 48, or 49 and the average daily attendance calculation for the district if the district operates on a calendar that provides fewer minutes of operation than required under Subsection (a).


(g) A school district may not provide student instruction on Memorial Day. If a school district would be required to provide student instruction on Memorial Day to compensate for minutes of instruction lost because of school closures caused by disaster, flood, extreme weather conditions, fuel curtailment, or another calamity, the commissioner shall approve the instruction of students for fewer than the number of minutes required under Subsection (a).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 824, Sec. 2, eff. June 20, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1084 (H.B. 2610), Sec. 1, eff. June 19, 2015.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 1, eff. June 15, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1144 (H.B. 441), Sec. 1, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 5, eff. June 6, 2019.


Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(5), eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.018, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.019, eff. September 1, 2019.


Sec. 25.0811. FIRST DAY OF INSTRUCTION. (a) Except as provided by this section, a school district may not begin instruction for students for a school year before the fourth Monday in August. A school district may:


(1) begin instruction for students for a school year before the fourth Monday in August if the district operates a year-round system under Section 25.084; or


(2) begin instruction for students for a school year on or after the first Monday in August at a campus or at not more than 20 percent of the campuses in the district if:


(A) the district has a student enrollment of 190,000 or more;


(B) the district at the beginning of the school year provides, financed with local funds, days of instruction for students at the campus or at each of the multiple campuses, in addition to the minimum number of days of instruction required under Section 25.081;


(C) the campus or each of the multiple campuses are undergoing comprehensive reform, as determined by the board of trustees of the district; and


(D) a majority of the students at the campus or at each of the multiple campuses are educationally disadvantaged.


(b) Notwithstanding Subsection (a), a school district that does not offer each grade level from kindergarten through grade 12 and whose prospective or former students generally attend school in another state for the grade levels the district does not offer may start school on any date permitted under Subsection (a) or the law of the other state.


(c) Repealed by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 9.03, eff. May 31, 2006.


Added by Acts 2001, 77th Leg., ch. 909, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 9.02, eff. May 31, 2006.


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 9.03, eff. May 31, 2006.


Acts 2007, 80th Leg., R.S., Ch. 708 (H.B. 2171), Sec. 1, eff. June 15, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 277 (H.B. 1555), Sec. 1, eff. June 17, 2011.


Sec. 25.0812. LAST DAY OF SCHOOL. (a) Except as provided by Subsection (b), a school district may not schedule the last day of school for students for a school year before May 15.


(b) Notwithstanding Subsection (a), a school district that does not offer each grade level from kindergarten through grade 12 and whose prospective or former students generally attend school in another state for the grade levels the district does not offer may schedule the last day of school on any date permitted under Subsection (a) or the law of the other state.


Added by Acts 2015, 84th Leg., R.S., Ch. 1084 (H.B. 2610), Sec. 2, eff. June 19, 2015.


Sec. 25.0815. OPERATION AND INSTRUCTIONAL TIME WAIVERS FOR SCHOOL SAFETY TRAINING. (a) The commissioner shall provide a waiver allowing for fewer minutes of operation and instructional time than required under Section 25.081(a) for a school district that requires each educator employed by the district to attend an approved school safety training course.


(b) A waiver under this section:


(1) must allow sufficient time for the school district's educators to attend the school safety training course; and


(2) may not:


(A) result in an inadequate number of minutes of instructional time for students; or


(B) reduce the number of minutes of operation and instructional time by more than 420 minutes.


(c) To be approved under this section, a school safety training course must apply to the Texas School Safety Center. The Texas School Safety Center may approve a training course if the course satisfies the training requirements as determined by the center.


(d) The commissioner may adopt rules to implement this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 6, eff. June 6, 2019.


Sec. 25.082. PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE. (a) Repealed by Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 9, eff. June 15, 2017.


(b) The board of trustees of each school district and the governing board of each open-enrollment charter school shall require students, once during each school day at each campus, to recite:


(1) the pledge of allegiance to the United States flag in accordance with 4 U.S.C. Section 4; and


(2) the pledge of allegiance to the state flag in accordance with Subchapter C, Chapter 3100, Government Code.


(b-1) The board of trustees of each school district and the governing board of each open-enrollment charter school shall require that the United States and Texas flags be prominently displayed in accordance with 4 U.S.C. Sections 5-10 and Chapter 3100, Government Code, in each campus classroom to which a student is assigned at the time the pledges of allegiance to those flags are recited. A district or school is not required to spend federal, state, or local district or school funds to acquire flags required under this subsection. A district or school may raise money or accept gifts, grants, and donations to acquire flags required under this subsection.


(c) On written request from a student's parent or guardian, a school district or open-enrollment charter school shall excuse the student from reciting a pledge of allegiance under Subsection (b).


(d) The board of trustees of each school district and the governing board of each open-enrollment charter school shall provide for the observance of one minute of silence at each campus following the recitation of the pledges of allegiance to the United States and Texas flags under Subsection (b). During the one-minute period, each student may, as the student chooses, reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student. Each teacher or other school employee in charge of students during that period shall ensure that each of those students remains silent and does not act in a manner that is likely to interfere with or distract another student.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 126, Sec. 1, 2, eff. Sept. 1, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 881 (H.B. 773), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 42, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 2, eff. June 15, 2017.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 9, eff. June 15, 2017.


Sec. 25.0821. MINUTE OF SILENCE TO COMMEMORATE SEPTEMBER 11, 2001. (a) To commemorate the events of September 11, 2001, in each year that date falls on a regular school day, each public elementary or secondary school shall provide for the observance of one minute of silence at the beginning of the first class period of that day.


(b) Immediately before the period of observance required by this section, the class instructor shall make a statement of reference to the memory of individuals who died on September 11, 2001.


(c) The period of observance required by this section may be held in conjunction with the minute of silence required by Section 25.082.


Added by Acts 2013, 83rd Leg., R.S., Ch. 925 (H.B. 1501), Sec. 1, eff. June 14, 2013.


Sec. 25.0822. PATRIOTIC SOCIETY ACCESS TO STUDENTS. (a) In this section, "patriotic society" means a youth membership organization listed in Title 36 of the United States Code with an educational purpose that promotes patriotism and civic involvement.


(b) At the beginning of each school year, the board of trustees of an independent school district shall adopt a policy to allow the principal of a public school campus to provide representatives of a patriotic society with the opportunity to speak to students during regular school hours about membership in the society and the ways in which membership may promote a student's educational interest and level of civic involvement, leading to the student's increased potential for self-improvement and ability to contribute to improving the student's school and community.


(c) The board policy shall give a principal complete discretion over the specific date and time of the opportunity required to be provided under this section, except that the policy shall allow the principal to limit:


(1) the opportunity provided to a patriotic society to a single school day; and


(2) any presentation made to students as a result of the opportunity to 10 minutes in length.


Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 8, eff. September 1, 2017.


Sec. 25.083. SCHOOL DAY INTERRUPTIONS. (a) The board of trustees of each school district shall adopt and strictly enforce a policy limiting interruptions of classes during the school day for nonacademic activities such as announcements and sales promotions. At a minimum, the policy must limit announcements other than emergency announcements to once during the school day.


(b) The board of trustees of each school district shall adopt and strictly enforce a policy limiting the removal of students from class for remedial tutoring or test preparation. A district may not remove a student from a regularly scheduled class for remedial tutoring or test preparation if, as a result of the removal, the student would miss more than 10 percent of the school days on which the class is offered, unless the student's parent or another person standing in parental relation to the student provides to the district written consent for removal from class for such purpose.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 5(a), eff. June 10, 2013.


Sec. 25.084. YEAR-ROUND SYSTEM. (a) A school district may operate its schools year-round on either a single-track or a multitrack calendar. If a school district adopts a year-round system, the district may modify:


(1) the number of contract days of employees and the number of days of operation, including any time required for staff development, planning and preparation, and continuing education, otherwise required by law;


(2) testing dates, data reporting, and related matters;


(3) the date of the first day of instruction of the school year under Section 25.0811 for a school that was operating year-round for the 2000-2001 school year; and


(4) a student's eligibility to participate in extracurricular activities when the student's calendar track is not in session.



Text of subsection effective until September 01, 2020



(b) The operation of schools year-round by a district does not affect the amount of state funds to which the district is entitled under Chapter 48.



Text of subsection effective on September 01, 2020



(b) Except as provided by Subsection (c), the operation of schools year-round by a district does not affect the amount of state funds to which the district is entitled under Chapter 48.



Text of subsection effective on September 01, 2020



(c) A district that adopts a year-round system under this section may receive the incentive aid under Section 48.0051 if the district meets the criteria for receiving the incentive under that section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 909, Sec. 2, eff. Sept. 1, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.004(a), eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.004(b), eff. September 1, 2020.


Sec. 25.085. COMPULSORY SCHOOL ATTENDANCE. (a) A child who is required to attend school under this section shall attend school each school day for the entire period the program of instruction is provided.


(b) Unless specifically exempted by Section 25.086, a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached the child's 19th birthday shall attend school.


(c) On enrollment in prekindergarten or kindergarten, a child shall attend school.


(d) Unless specifically exempted by Section 25.086, a student enrolled in a school district must attend:


(1) an extended-year program for which the student is eligible that is provided by the district for students identified as likely not to be promoted to the next grade level or tutorial classes required by the district under Section 29.084;


(2) an accelerated reading instruction program to which the student is assigned under Section 28.006(g);


(3) an accelerated instruction program to which the student is assigned under Section 28.0211;


(4) a basic skills program to which the student is assigned under Section 29.086; or


(5) a summer program provided under Section 37.008(l) or Section 37.021.


(e) A person who voluntarily enrolls in school or voluntarily attends school after the person's 19th birthday shall attend school each school day for the entire period the program of instruction is offered. A school district may revoke for the remainder of the school year the enrollment of a person who has more than five absences in a semester that are not excused under Section 25.087, except a school district may not revoke the enrollment of a person under this subsection on a day on which the person is physically present at school. A person whose enrollment is revoked under this subsection may be considered an unauthorized person on school district grounds for purposes of Section 37.107.


(f) The board of trustees of a school district may adopt a policy requiring a person described by Subsection (e) who is under 21 years of age to attend school until the end of the school year. Section 65.003(a), Family Code, does not apply to a person subject to a policy adopted under this subsection. Sections 25.093 and 25.095 do not apply to the parent of a person subject to a policy adopted under this subsection.


(g) After the third unexcused absence of a person described by Subsection (e), a school district shall issue a warning letter to the person that states the person's enrollment may be revoked for the remainder of the school year if the person has more than five unexcused absences in a semester.


(h) As an alternative to revoking a person's enrollment under Subsection (e), a school district may impose a behavior improvement plan described by Section 25.0915(a-1)(1).



Text of subsection effective on September 01, 2020



(i) Notwithstanding any other provision of this section, a student enrolled in a school district is not required to attend school for any additional instructional days described by Section 48.0051.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1019, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.10, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 711, Sec. 1, eff. June 18, 1999; Acts 2003, 78th Leg., ch. 1055, Sec. 3, eff. June 20, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 50 (H.B. 566), Sec. 1, eff. May 10, 2007.


Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 2, eff. June 15, 2007.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 7, eff. September 1, 2015.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.011, eff. September 1, 2020.


Sec. 25.086. EXEMPTIONS.


(a) A child is exempt from the requirements of compulsory school attendance if the child:


(1) attends a private or parochial school that includes in its course a study of good citizenship;


(2) is eligible to participate in a school district's special education program under Section 29.003 and cannot be appropriately served by the resident district;


(3) has a physical or mental condition of a temporary and remediable nature that makes the child's attendance infeasible and holds a certificate from a qualified physician specifying the temporary condition, indicating the treatment prescribed to remedy the temporary condition, and covering the anticipated period of the child's absence from school for the purpose of receiving and recuperating from that remedial treatment;


(4) is expelled in accordance with the requirements of law in a school district that does not participate in a mandatory juvenile justice alternative education program under Section 37.011;


(5) is at least 17 years of age and:


(A) is attending a course of instruction to prepare for the high school equivalency examination, and:


(i) has the permission of the child's parent or guardian to attend the course;


(ii) is required by court order to attend the course;


(iii) has established a residence separate and apart from the child's parent, guardian, or other person having lawful control of the child; or


(iv) is homeless; or


(B) has received a high school diploma or high school equivalency certificate;


(6) is at least 16 years of age and is attending a course of instruction to prepare for the high school equivalency examination, if:


(A) the child is recommended to take the course of instruction by a public agency that has supervision or custody of the child under a court order; or


(B) the child is enrolled in a Job Corps training program under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.);


(7) is at least 16 years of age and is enrolled in a high school diploma program under Chapter 18;


(8) is enrolled in the Texas Academy of Mathematics and Science under Subchapter G, Chapter 105;


(9) is enrolled in the Texas Academy of Leadership in the Humanities;


(10) is enrolled in the Texas Academy of Mathematics and Science at The University of Texas at Brownsville;


(11) is enrolled in the Texas Academy of International Studies; or


(12) is specifically exempted under another law.


(b) This section does not relieve a school district in which a child eligible to participate in the district's special education program resides of its fiscal and administrative responsibilities under Subchapter A, Chapter 29, or of its responsibility to provide a free appropriate public education to a child with a disability.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 1, eff. June 19, 1997; Acts 1997, 75th Leg., ch. 1019, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1282, Sec. 2, eff. June 18, 1999.


Amended by:


Acts 2005, 79th Leg., Ch. 377 (S.B. 1395), Sec. 3, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 887 (S.B. 1452), Sec. 2, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 1339 (S.B. 151), Sec. 6, eff. June 18, 2005.


Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 4.003, eff. September 1, 2007.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.04, eff. June 10, 2019.


Sec. 25.087. EXCUSED ABSENCES. (a) A person required to attend school, including a person required to attend school under Section 25.085(e), may be excused for temporary absence resulting from any cause acceptable to the teacher, principal, or superintendent of the school in which the person is enrolled.


(b) A school district shall excuse a student from attending school for:


(1) the following purposes, including travel for those purposes:


(A) observing religious holy days;


(B) attending a required court appearance;


(C) appearing at a governmental office to complete paperwork required in connection with the student's application for United States citizenship;


(D) taking part in a United States naturalization oath ceremony;


(E) serving as an election clerk; or


(F) if the student is in the conservatorship of the Department of Family and Protective Services, participating, as determined and documented by the department, in an activity:


(i) ordered by a court under Chapter 262 or 263, Family Code, provided that it is not practicable to schedule the participation outside of school hours; or


(ii) required under a service plan under Subchapter B, Chapter 263, Family Code; or


(2) a temporary absence resulting from an appointment with health care professionals for the student or the student's child if the student commences classes or returns to school on the same day of the appointment.


(b-1) A school district may adopt a policy excusing a student from attending school for service as a student early voting clerk in an election.


(b-2) A school district may excuse a student from attending school to visit an institution of higher education accredited by a generally recognized accrediting organization during the student's junior and senior years of high school for the purpose of determining the student's interest in attending the institution of higher education, provided that:


(1) the district may not excuse for this purpose more than two days during the student's junior year and two days during the student's senior year; and


(2) the district adopts:


(A) a policy to determine when an absence will be excused for this purpose; and


(B) a procedure to verify the student's visit at the institution of higher education.


(b-3) A temporary absence for purposes of Subsection (b)(2) includes the temporary absence of a student diagnosed with autism spectrum disorder on the day of the student's appointment with a health care practitioner, as described by Section 1355.015(b), Insurance Code, to receive a generally recognized service for persons with autism spectrum disorder, including applied behavioral analysis, speech therapy, and occupational therapy.


(b-4) A school district shall excuse a student whose parent, stepparent, or legal guardian is an active duty member of the uniformed services as defined by Section 162.002 and has been called to duty for, is on leave from, or immediately returned from continuous deployment of at least four months outside the locality where the parent, stepparent, or guardian regularly resides, to visit with the student's parent, stepparent, or guardian. A school district may not excuse a student under this subsection more than five days in a school year. An excused absence under this subsection must be taken:


(1) not earlier than the 60th day before the date of deployment; or


(2) not later than the 30th day after the date of return from deployment.


(b-5) A school district shall excuse a student who is 17 years of age or older from attending school to pursue enlistment in a branch of the armed services of the United States or the Texas National Guard, provided that:


(1) the district may not excuse for this purpose more than four days of school during the period the student is enrolled in high school; and


(2) the district verifies the student's activities related to pursuing enlistment in a branch of the armed services or the Texas National Guard.


(b-6) Each school district shall adopt procedures to verify a student's activities as described by Subsection (b-5).


(c) A school district may excuse a student in grades 6 through 12 for the purpose of sounding "Taps" at a military honors funeral held in this state for a deceased veteran.


(d) A student whose absence is excused under Subsection (b), (b-1), (b-2), (b-4), (b-5), or (c) may not be penalized for that absence and shall be counted as if the student attended school for purposes of calculating the average daily attendance of students in the school district. A student whose absence is excused under Subsection (b), (b-1), (b-2), (b-4), (b-5), or (c) shall be allowed a reasonable time to make up school work missed on those days. If the student satisfactorily completes the school work, the day of absence shall be counted as a day of compulsory attendance.


(e) A school district may excuse a student for the purposes provided by Subsections (b)(1)(E) and (b-1) for a maximum of two days in a school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 651, Sec. 1, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 711, Sec. 2, eff. June 18, 1999.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 479 (H.B. 2455), Sec. 1, eff. June 16, 2007.


Acts 2007, 80th Leg., R.S., Ch. 660 (H.B. 1187), Sec. 2, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.002(a), eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.002(b), eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 455 (H.B. 2542), Sec. 1, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 455 (H.B. 2542), Sec. 2, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 517 (S.B. 1134), Sec. 3, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 595 (H.B. 192), Sec. 1, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 7.005, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 249 (H.B. 455), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 404 (S.B. 260), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 542 (S.B. 553), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 11, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1354 (S.B. 1404), Sec. 2, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 2, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 213 (S.B. 1152), Sec. 1, eff. May 28, 2017.


Sec. 25.088. SCHOOL ATTENDANCE OFFICER. The school attendance officer may be selected by:


(1) the county school trustees of any county;


(2) the board of trustees of any school district or the boards of trustees of two or more school districts jointly; or


(3) the governing body of an open-enrollment charter school.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 21, eff. Sept. 1, 2001.


Sec. 25.089. COMPENSATION OF ATTENDANCE OFFICER; DUAL SERVICE. (a) An attendance officer may be compensated from the funds of the county, independent school district, or open-enrollment charter school, as applicable.


(b) An attendance officer may be the probation officer or an officer of the juvenile court of the county.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 22, eff. Sept. 1, 2001.


Sec. 25.090. ATTENDANCE OFFICER NOT SELECTED. (a) In those counties and independent school districts where an attendance officer has not been selected, the duties of attendance officer shall be performed by the school superintendents and peace officers of the counties and districts.


(b) If the governing body of an open-enrollment charter school has not selected an attendance officer, the duties of attendance officer shall be performed by the peace officers of the county in which the school is located.


(c) Additional compensation may not be paid for services performed under this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 23, eff. Sept. 1, 2001.


Sec. 25.091. POWERS AND DUTIES OF PEACE OFFICERS AND OTHER ATTENDANCE OFFICERS.


(a) A peace officer serving as an attendance officer has the following powers and duties concerning enforcement of compulsory school attendance requirements:


(1) to investigate each case of a violation of compulsory school attendance requirements referred to the peace officer;


(2) to enforce compulsory school attendance requirements by:


(A) applying truancy prevention measures adopted under Section 25.0915 to the student; and


(B) if the truancy prevention measures fail to meaningfully address the student's conduct:


(i) referring the student to a truancy court if the student has unexcused absences for the amount of time specified under Section 65.003(a), Family Code; or


(ii) filing a complaint in a county, justice, or municipal court against a parent who violates Section 25.093;


(3) to serve court-ordered legal process;


(4) to review school attendance records for compliance by each student investigated by the officer;


(5) to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees of a school district, or the commissioner, to provide a record to the individual or entity requesting the record; and


(6) to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that a peace officer may not enter a residence without the permission of the parent of a student required under this subchapter to attend school or of the tenant or owner of the residence except to lawfully serve court-ordered legal process on the parent.


(b) An attendance officer employed by a school district who is not commissioned as a peace officer has the following powers and duties with respect to enforcement of compulsory school attendance requirements:


(1) to investigate each case of a violation of the compulsory school attendance requirements referred to the attendance officer;


(2) to enforce compulsory school attendance requirements by:


(A) applying truancy prevention measures adopted under Section 25.0915 to the student; and


(B) if the truancy prevention measures fail to meaningfully address the student's conduct:


(i) referring the student to a truancy court if the student has unexcused absences for the amount of time specified under Section 65.003(a), Family Code; and


(ii) filing a complaint in a county, justice, or municipal court against a parent who violates Section 25.093;


(3) to monitor school attendance compliance by each student investigated by the officer;


(4) to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees of a school district, or the commissioner, to provide a record to the individual or entity requesting the record;


(5) to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that the attendance officer may not enter a residence without permission of the parent or of the owner or tenant of the residence; and


(6) at the request of a parent, to escort a student from any location to a school campus to ensure the student's compliance with compulsory school attendance requirements.


(b-1) A peace officer who has probable cause to believe that a child is in violation of the compulsory school attendance law under Section 25.085 may take the child into custody for the purpose of returning the child to the school campus of the child to ensure the child's compliance with compulsory school attendance requirements.


(c) In this section:


(1) "Parent" includes a person standing in parental relation.


(2) "Peace officer" has the meaning assigned by Article 2.12, Code of Criminal Procedure.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1514, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 137, Sec. 3, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 5, eff. September 1, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 1098 (S.B. 1489), Sec. 9, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 8, eff. September 1, 2015.


Sec. 25.0915. TRUANCY PREVENTION MEASURES. (a) A school district shall adopt truancy prevention measures designed to:


(1) address student conduct related to truancy in the school setting before the student engages in conduct described by Section 65.003(a), Family Code; and


(2) minimize the need for referrals to truancy court for conduct described by Section 65.003(a), Family Code.


(a-1) As a truancy prevention measure under Subsection (a), a school district shall take one or more of the following actions:


(1) impose:


(A) a behavior improvement plan on the student that must be signed by an employee of the school, that the school district has made a good faith effort to have signed by the student and the student's parent or guardian, and that includes:


(i) a specific description of the behavior that is required or prohibited for the student;


(ii) the period for which the plan will be effective, not to exceed 45 school days after the date the contract becomes effective; or


(iii) the penalties for additional absences, including additional disciplinary action or the referral of the student to a truancy court; or


(B) school-based community service; or


(2) refer the student to counseling, mediation, mentoring, a teen court program, community-based services, or other in-school or out-of-school services aimed at addressing the student's truancy.


(a-2) A referral made under Subsection (a-1)(2) may include participation by the child's parent or guardian if necessary.


(a-3) A school district shall offer additional counseling to a student and may not refer the student to truancy court if the school determines that the student's truancy is the result of:


(1) pregnancy;


(2) being in the state foster program;


(3) homelessness; or


(4) being the principal income earner for the student's family.


(a-4) If a student fails to attend school without excuse on three or more days or parts of days within a four-week period but does not fail to attend school for the time described by Section 25.0951(a), the school district shall initiate truancy prevention measures under this section on the student.


(b) Each referral to truancy court for conduct described by Section 65.003(a), Family Code, must:


(1) be accompanied by a statement from the student's school certifying that:


(A) the school applied the truancy prevention measures adopted under Subsection (a) or (a-4) to the student; and


(B) the truancy prevention measures failed to meaningfully address the student's school attendance; and


(2) specify whether the student is eligible for or receives special education services under Subchapter A, Chapter 29.


(c) A truancy court shall dismiss a petition filed by a truant conduct prosecutor under Section 65.054, Family Code, if the court determines that the school district's referral:


(1) does not comply with Subsection (b);


(2) does not satisfy the elements required for truant conduct;


(3) is not timely filed, unless the school district delayed the referral under Section 25.0951(d); or


(4) is otherwise substantively defective.


(d) Except as provided by Subsection (e), a school district shall employ a truancy prevention facilitator or juvenile case manager to implement the truancy prevention measures required by this section and any other effective truancy prevention measures as determined by the school district or campus. At least annually, the truancy prevention facilitator shall meet to discuss effective truancy prevention measures with a case manager or other individual designated by a truancy court to provide services to students of the school district in truancy cases.


(e) Instead of employing a truancy prevention facilitator, a school district may designate an existing district employee or juvenile case manager to implement the truancy prevention measures required by this section and any other effective truancy prevention measures as determined by the school district or campus.


(f) The agency shall adopt rules:


(1) creating minimum standards for truancy prevention measures adopted by a school district under this section; and


(2) establishing a set of best practices for truancy prevention measures.


(g) The agency shall adopt rules to provide for sanctions for a school district found to be not in compliance with this section.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1098 (S.B. 1489), Sec. 10, eff. September 1, 2011.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 8, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 2, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 9, eff. September 1, 2015.


Sec. 25.092. MINIMUM ATTENDANCE FOR CLASS CREDIT OR FINAL GRADE. (a) Except as provided by this section, a student in any grade level from kindergarten through grade 12 may not be given credit or a final grade for a class unless the student is in attendance for at least 90 percent of the days the class is offered.


(a-1) A student who is in attendance for at least 75 percent but less than 90 percent of the days a class is offered may be given credit or a final grade for the class if the student completes a plan approved by the school's principal that provides for the student to meet the instructional requirements of the class. A student under the jurisdiction of a court in a criminal or juvenile justice proceeding may not receive credit or a final grade under this subsection without the consent of the judge presiding over the student's case.


(a-2) Subsection (a) does not apply to a student who receives credit by examination for a class as provided by Section 28.023.


(b) The board of trustees of each school district shall appoint one or more attendance committees to hear petitions for class credit or a final grade by students who are in attendance fewer than the number of days required under Subsection (a) and have not earned class credit or a final grade under Subsection (a-1). Classroom teachers shall comprise a majority of the membership of the committee. A committee may give class credit or a final grade to a student because of extenuating circumstances. Each board of trustees shall establish guidelines to determine what constitutes extenuating circumstances and shall adopt policies establishing alternative ways for students to make up work or regain credit or a final grade lost because of absences. The alternative ways must include at least one option that does not require a student to pay a fee authorized under Section 11.158(a)(15). A certified public school employee may not be assigned additional instructional duties as a result of this section outside of the regular workday unless the employee is compensated for the duties at a reasonable rate of pay.


(c) A member of an attendance committee is not personally liable for any act or omission arising out of duties as a member of an attendance committee.


(d) If a student is denied credit or a final grade for a class by an attendance committee, the student may appeal the decision to the board of trustees. The decision of the board may be appealed by trial de novo to the district court of the county in which the school district's central administrative office is located.


(e) This section does not affect the provision of Section 25.087(b) regarding a student's excused absence from school to observe religious holy days.


(f) The availability of the option developed under Subsection (b) must be substantially the same as the availability of the educational program developed under Section 11.158(a)(15).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 698, Sec. 2, eff. June 18, 1999.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 3, eff. June 15, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 6(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 7(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1029 (H.B. 2694), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1203 (S.B. 1365), Sec. 1, eff. June 14, 2013.


Sec. 25.093. PARENT CONTRIBUTING TO NONATTENDANCE. (a) If a warning is issued as required by Section 25.095(a), the parent with criminal negligence fails to require the child to attend school as required by law, and the child has absences for the amount of time specified under Section 65.003(a), Family Code, the parent commits an offense.


(b) The attendance officer or other appropriate school official shall file a complaint against the parent in:


(1) the constitutional county court of the county in which the parent resides or in which the school is located, if the county has a population of 1.75 million or more;


(2) a justice court of any precinct in the county in which the parent resides or in which the school is located; or


(3) a municipal court of the municipality in which the parent resides or in which the school is located.


(c) An offense under Subsection (a) is a misdemeanor, punishable by fine only, in an amount not to exceed:


(1) $100 for a first offense;


(2) $200 for a second offense;


(3) $300 for a third offense;


(4) $400 for a fourth offense; or


(5) $500 for a fifth or subsequent offense.


(c-1) Each day the child remains out of school may constitute a separate offense. Two or more offenses under Subsection (a) may be consolidated and prosecuted in a single action. If the court orders deferred disposition under Article 45.051, Code of Criminal Procedure, the court may require the defendant to provide personal services to a charitable or educational institution as a condition of the deferral.


(d) A fine collected under this section shall be deposited as follows:


(1) one-half shall be deposited to the credit of the operating fund of, as applicable:


(A) the school district in which the child attends school;


(B) the open-enrollment charter school the child attends; or


(C) the juvenile justice alternative education program that the child has been ordered to attend; and


(2) one-half shall be deposited to the credit of:


(A) the general fund of the county, if the complaint is filed in the justice court or the constitutional county court; or


(B) the general fund of the municipality, if the complaint is filed in municipal court.


(e) At the trial of any person charged with violating this section, the attendance records of the child may be presented in court by any authorized employee of the school district or open-enrollment charter school, as applicable.


(f) The court in which a conviction, deferred adjudication, or deferred disposition for an offense under Subsection (a) occurs may order the defendant to attend a program for parents of students with unexcused absences that provides instruction designed to assist those parents in identifying problems that contribute to the students' unexcused absences and in developing strategies for resolving those problems if a program is available.


(g) If a parent refuses to obey a court order entered under this section, the court may punish the parent for contempt of court under Section 21.002, Government Code.


(h) It is an affirmative defense to prosecution for an offense under Subsection (a) that one or more of the absences required to be proven under Subsection (a) was excused by a school official or should be excused by the court. The burden is on the defendant to show by a preponderance of the evidence that the absence has been or should be excused. A decision by the court to excuse an absence for purposes of this section does not affect the ability of the school district to determine whether to excuse the absence for another purpose.


(i) In this section, "parent" includes a person standing in parental relation.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 865, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1403, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1504, Sec. 24, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, Sec. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 137, Sec. 4, 5, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 283, Sec. 38, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 6.001, eff. Sept. 1, 2003.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 148 (H.B. 734), Sec. 1, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 11, eff. September 1, 2015.


Sec. 25.095. WARNING NOTICES. (a) A school district or open-enrollment charter school shall notify a student's parent in writing at the beginning of the school year that if the student is absent from school on 10 or more days or parts of days within a six-month period in the same school year:


(1) the student's parent is subject to prosecution under Section 25.093; and


(2) the student is subject to referral to a truancy court for truant conduct under Section 65.003(a), Family Code.


(b) A school district shall notify a student's parent if the student has been absent from school, without excuse under Section 25.087, on three days or parts of days within a four-week period. The notice must:


(1) inform the parent that:


(A) it is the parent's duty to monitor the student's school attendance and require the student to attend school; and


(B) the student is subject to truancy prevention measures under Section 25.0915; and


(2) request a conference between school officials and the parent to discuss the absences.


(c) The fact that a parent did not receive a notice under Subsection (a) or (b) does not create a defense under Section 25.093 or under Section 65.003(a), Family Code.


(d) In this section, "parent" includes a person standing in parental relation.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 25, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, Sec. 5, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 6.002, eff. Sept. 1, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 12, eff. September 1, 2015.


Sec. 25.0951. SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR FAILURE TO ATTEND SCHOOL. (a) If a student fails to attend school without excuse on 10 or more days or parts of days within a six-month period in the same school year, a school district shall within 10 school days of the student's 10th absence refer the student to a truancy court for truant conduct under Section 65.003(a), Family Code.


(b) If a student fails to attend school without excuse as specified by Subsection (a), a school district may file a complaint against the student's parent in a county, justice, or municipal court for an offense under Section 25.093 if the school district provides evidence of the parent's criminal negligence. In this subsection, "parent" includes a person standing in parental relation.


(c) A court shall dismiss a complaint made by a school district under Subsection (b) that:


(1) does not comply with this section;


(2) does not allege the elements required for the offense;


(3) is not timely filed, unless the school district delayed the referral under Subsection (d); or


(4) is otherwise substantively defective.


(d) Notwithstanding Subsection (a), a school district may delay a referral of a student for truant conduct, or may choose to not refer a student for truant conduct, if the school district:


(1) is applying truancy prevention measures to the student under Section 25.0915; and


(2) determines that the truancy prevention measures are succeeding and it is in the best interest of the student that a referral be delayed or not be made.


Added by Acts 2001, 77th Leg., ch. 1514, Sec. 6, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 137, Sec. 9, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 37, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 31, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 984 (S.B. 1161), Sec. 1, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.003, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 13, eff. September 1, 2015.


Sec. 25.0952. PROCEDURES APPLICABLE TO PARENT CONTRIBUTING TO NONATTENDANCE OFFENSE. In a proceeding based on a complaint under Section 25.093, the court shall, except as otherwise provided by this chapter, use the procedures and exercise the powers authorized by Chapter 45, Code of Criminal Procedure.


Added by Acts 2001, 77th Leg., ch. 1514, Sec. 6, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 137, Sec. 10, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 283, Sec. 40, eff. Sept. 1, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 14, eff. September 1, 2015.


SUBCHAPTER D. STUDENT/TEACHER RATIOS; CLASS SIZE



Sec. 25.111. STUDENT/TEACHER RATIOS. Except as provided by Section 25.112, each school district must employ a sufficient number of teachers certified under Subchapter B, Chapter 21, to maintain an average ratio of not less than one teacher for each 20 students in average daily attendance.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.112. CLASS SIZE. (a) Except as otherwise authorized by this section, a school district may not enroll more than 22 students in a kindergarten, first, second, third, or fourth grade class. That limitation does not apply during:


(1) any 12-week period of the school year selected by the district, in the case of a district whose average daily attendance is adjusted under Section 48.005(c); or


(2) the last 12 weeks of any school year in the case of any other district.


(b) Not later than the 30th day after the first day of the 12-week period for which a district whose average daily attendance is adjusted under Section 48.005(c) is claiming an exemption under Subsection (a), the district shall notify the commissioner in writing that the district is claiming an exemption for the period stated in the notice.


(c) In determining the number of students to enroll in any class, a school district shall consider the subject to be taught, the teaching methodology to be used, and any need for individual instruction.


(d) On application of a school district, the commissioner may except the district from the limit in Subsection (a) if the commissioner finds the limit works an undue hardship on the district. An exception expires at the end of the school year for which it is granted.


(e) A school district seeking an exception under Subsection (d) shall notify the commissioner and apply for the exception not later than the later of:


(1) October 1; or


(2) the 30th day after the first school day the district exceeds the limit in Subsection (a).


(f) If a school district repeatedly fails to comply with this section, the commissioner may take any appropriate action authorized to be taken by the commissioner under Section 39.131.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 889, Sec. 1, eff. June 14, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1347 (S.B. 300), Sec. 2, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.020, eff. September 1, 2019.


Sec. 25.113. NOTICE OF CLASS SIZE. (a) A campus or district that is granted an exception under Section 25.112(d) from class size limits shall provide written notice of the exception to the parent of or person standing in parental relation to each student affected by the exception. The notice must be in conspicuous bold or underlined print and:


(1) specify the class for which an exception from the limit imposed by Section 25.112(a) was granted;


(2) state the number of children in the class for which the exception was granted; and


(3) be included in a regular mailing or other communication from the campus or district, such as information sent home with students.


(b) The notice required by Subsection (a) must be provided not later than the 31st day after:


(1) the first day of the school year; or


(2) the date the exception is granted, if the exception is granted after the beginning of the school year.


Added by Acts 2001, 77th Leg., ch. 889, Sec. 2, eff. June 14, 2001.


Sec. 25.114. STUDENT/TEACHER RATIOS IN PHYSICAL EDUCATION CLASSES; CLASS SIZE. (a) In implementing the curriculum for physical education under Section 28.002(a)(2)(C), each school district shall establish specific objectives and goals the district intends to accomplish through the curriculum, including, to the extent practicable, student/teacher ratios that are small enough to enable the district to:


(1) carry out the purposes of and requirements for the physical education curriculum as provided under Section 28.002(d); and


(2) ensure the safety of students participating in physical education.


(b) If a district establishes a student to teacher ratio greater than 45 to 1 in a physical education class, the district shall specifically identify the manner in which the safety of the students will be maintained.


Added by Acts 2009, 81st Leg., R.S., Ch. 773 (S.B. 891), Sec. 2, eff. June 19, 2009.


SUBCHAPTER E. STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS



Sec. 25.151. STUDENT EXPRESSION. A school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.152. LIMITED PUBLIC FORUM; SCHOOL DISTRICT POLICY. (a) To ensure that the school district does not discriminate against a student's publicly stated voluntary expression of a religious viewpoint, if any, and to eliminate any actual or perceived affirmative school sponsorship or attribution to the district of a student's expression of a religious viewpoint, if any, a school district shall adopt a policy, which must include the establishment of a limited public forum for student speakers at all school events at which a student is to publicly speak. The policy regarding the limited public forum must also require the school district to:


(1) provide the forum in a manner that does not discriminate against a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject;


(2) provide a method, based on neutral criteria, for the selection of student speakers at school events and graduation ceremonies;


(3) ensure that a student speaker does not engage in obscene, vulgar, offensively lewd, or indecent speech; and


(4) state, in writing, orally, or both, that the student's speech does not reflect the endorsement, sponsorship, position, or expression of the district.


(b) The school district disclaimer required by Subsection (a)(4) must be provided at all graduation ceremonies. The school district must also continue to provide the disclaimer at any other event in which a student speaks publicly for as long as a need exists to dispel confusion over the district's nonsponsorship of the student's speech.


(c) Student expression on an otherwise permissible subject may not be excluded from the limited public forum because the subject is expressed from a religious viewpoint.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.153. RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS. Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. Homework and classroom assignments must be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school district. Students may not be penalized or rewarded on account of the religious content of their work.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.154. FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES. Students may organize prayer groups, religious clubs, "see you at the pole" gatherings, or other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups without discrimination based on the religious content of the students' expression. If student groups that meet for nonreligious activities are permitted to advertise or announce meetings of the groups, the school district may not discriminate against groups that meet for prayer or other religious speech. A school district may disclaim school sponsorship of noncurricular groups and events in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.155. ADOPTION OF POLICY. A school district shall adopt and implement a local policy regarding a limited public forum and voluntary student expression of religious viewpoints. If a school district voluntarily adopts and follows the model policy governing voluntary religious expression in public schools as provided by Section 25.156, the district is in compliance with the provisions of this subchapter covered by the model policy.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.156. MODEL POLICY GOVERNING VOLUNTARY RELIGIOUS EXPRESSION IN PUBLIC SCHOOLS. In this section, "model policy" means a local policy adopted by the school district that is substantially identical to the following:


ARTICLE I



STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS



The school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


ARTICLE II



STUDENT SPEAKERS AT NONGRADUATION EVENTS



The school district hereby creates a limited public forum for student speakers at all school events at which a student is to publicly speak. For each speaker, the district shall set a maximum time limit reasonable and appropriate to the occasion. Student speakers shall introduce:


(1) football games;


(2) any other athletic events designated by the district;


(3) opening announcements and greetings for the school day; and


(4) any additional events designated by the district, which may include, without limitation, assemblies and pep rallies.


The forum shall be limited in the manner provided by this article.


Only those students in the highest two grade levels of the school and who hold one of the following positions of honor based on neutral criteria are eligible to use the limited public forum: student council officers, class officers of the highest grade level in the school, captains of the football team, and other students holding positions of honor as the school district may designate.


An eligible student shall be notified of the student's eligibility, and a student who wishes to participate as an introducing speaker shall submit the student's name to the student council or other designated body during an announced period of not less than three days. The announced period may be at the beginning of the school year, at the end of the preceding school year so student speakers are in place for the new year, or, if the selection process will be repeated each semester, at the beginning of each semester or at the end of the preceding semester so speakers are in place for the next semester. The names of the volunteering student speakers shall be randomly drawn until all names have been selected, and the names shall be listed in the order drawn. Each selected student will be matched chronologically to the event for which the student will be giving the introduction. Each student may speak for one week at a time for all introductions of events that week, or rotate after each speaking event, or otherwise as determined by the district. The list of student speakers shall be chronologically repeated as needed, in the same order. The district may repeat the selection process each semester rather than once a year.


The subject of the student introductions must be related to the purpose of the event and to the purpose of marking the opening of the event, honoring the occasion, the participants, and those in attendance, bringing the audience to order, and focusing the audience on the purpose of the event. The subject must be designated, a student must stay on the subject, and the student may not engage in obscene, vulgar, offensively lewd, or indecent speech. The school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


For as long as there is a need to dispel confusion over the nonsponsorship of the student's speech, at each event in which a student will deliver an introduction, a disclaimer shall be stated in written or oral form, or both, such as, "The student giving the introduction for this event is a volunteering student selected on neutral criteria to introduce the event. The content of the introduction is the private expression of the student and does not reflect the endorsement, sponsorship, position, or expression of the school district."


Certain students who have attained special positions of honor in the school have traditionally addressed school audiences from time to time as a tangential component of their achieved positions of honor, such as the captains of various sports teams, student council officers, class officers, homecoming kings and queens, prom kings and queens, and the like, and have attained their positions based on neutral criteria. Nothing in this policy eliminates the continuation of the practice of having these students, irrespective of grade level, address school audiences in the normal course of their respective positions. The school district shall create a limited public forum for the speakers and shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


ARTICLE III



STUDENT SPEAKERS AT GRADUATION CEREMONIES



The school district hereby creates a limited public forum consisting of an opportunity for a student to speak to begin graduation ceremonies and another student to speak to end graduation ceremonies. For each speaker, the district shall set a maximum time limit reasonable and appropriate to the occasion.


The forum shall be limited in the manner provided by this article.


Only students who are graduating and who hold one of the following neutral criteria positions of honor shall be eligible to use the limited public forum: student council officers, class officers of the graduating class, the top three academically ranked graduates, or a shorter or longer list of student leaders as the school district may designate. A student who will otherwise have a speaking role in the graduation ceremonies is ineligible to give the opening and closing remarks. The names of the eligible volunteering students will be randomly drawn. The first name drawn will give the opening and the second name drawn will give the closing.


The topic of the opening and closing remarks must be related to the purpose of the graduation ceremony and to the purpose of marking the opening and closing of the event, honoring the occasion, the participants, and those in attendance, bringing the audience to order, and focusing the audience on the purpose of the event.


In addition to the students giving the opening and closing remarks, certain other students who have attained special positions of honor based on neutral criteria, including, without limitation, the valedictorian, will have speaking roles at graduation ceremonies. For each speaker, the school district shall set a maximum time limit reasonable and appropriate to the occasion and to the position held by the speaker. For this purpose, the district creates a limited public forum for these students to deliver the addresses. The subject of the addresses must be related to the purpose of the graduation ceremony, marking and honoring the occasion, honoring the participants and those in attendance, and the student's perspective on purpose, achievement, life, school, graduation, and looking forward to the future.


The subject must be designated for each student speaker, the student must stay on the subject, and the student may not engage in obscene, vulgar, offensively lewd, or indecent speech. The school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


A written disclaimer shall be printed in the graduation program that states, "The students who will be speaking at the graduation ceremony were selected based on neutral criteria to deliver messages of the students' own choices. The content of each student speaker's message is the private expression of the individual student and does not reflect any position or expression of the school district or the board of trustees, or the district's administration, or employees of the district, or the views of any other graduate. The contents of these messages were prepared by the student volunteers, and the district refrained from any interaction with student speakers regarding the student speakers' viewpoints on permissible subjects."


ARTICLE IV



RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS



Students may express the students' beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of the students' submission. Homework and classroom work shall be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school. Students may not be penalized or rewarded on account of religious content. If a teacher's assignment involves writing a poem, the work of a student who submits a poem in the form of a prayer (for example, a psalm) should be judged on the basis of academic standards, including literary quality, and not penalized or rewarded on account of its religious content.


ARTICLE V



FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES



Students may organize prayer groups, religious clubs, "see you at the pole" gatherings, and other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups, without discrimination based on the religious content of the group's expression. If student groups that meet for nonreligious activities are permitted to advertise or announce the groups' meetings, for example, by advertising in a student newspaper, putting up posters, making announcements on a student activities bulletin board or public address system, or handing out leaflets, school authorities may not discriminate against groups that meet for prayer or other religious speech. School authorities may disclaim sponsorship of noncurricular groups and events, provided they administer the disclaimer in a manner that does not favor or disfavor groups that meet to engage in prayer or other religious speech.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


SUBCHAPTER Z. MISCELLANEOUS PROVISIONS RELATING TO STUDENTS



Sec. 25.901. EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY. A public school student has an absolute right to individually, voluntarily, and silently pray or meditate in school in a manner that does not disrupt the instructional or other activities of the school. A person may not require, encourage, or coerce a student to engage in or refrain from such prayer or meditation during any school activity.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.904. USE OF CALCULATOR APPLICATION IN PLACE OF GRAPHING CALCULATOR. (a) A school district shall permit a student enrolled in a course that requires the student to use a graphing calculator to use a calculator application on a computing device, including a personal, laptop, or tablet computer, that provides the same functionality, unless the district makes available to the student a graphing calculator at no cost to the student.


(b) A school district may adopt policies related to student use of a computing device under this section.


(c) To the extent this section conflicts with Section 37.082, this section prevails.


Added by Acts 2019, 86th Leg., R.S., Ch. 1315 (H.B. 3906), Sec. 7, eff. June 14, 2019.

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EDUCATION CODE CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE

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EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE E. STUDENTS AND PARENTS CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE SUBCHAPTER A. ADMISSION AND ENROLLMENT Sec. 25.001. ADMISSION.

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I am a certified School Counselor Intern for grades (EC-12). My focus is on developing relationships that empower diverse individuals, families, and educators to be mentally healthy, educated, and empowered. To accomplish this focus conversations that improve mental wellness, career education, personal safety, and positive behavior choices. I currently work in San Antonio, Texas at an elementary school and plan to continue in this position with San Antonio Independent School District. Upon completion of my Master's program I will become fully certified as a School Counselor for grades (EC-12) through the Texas Education Agency. I will continue to serve the children of my community by supporting them in their mental health and educational goals. I will retain my membership with the American School Counselor Association and abide by the ethical standards of the American Counseling Association as I build a school counseling program as outlined by the Texas Model for Comprehensive School Counseling Programs.

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This legal guide is being created for any/all school counselors. In our role, we will all work with foster children regularly. They are a special group of students who have socio-emotional needs that are unlike others. In addition to these needs, there are laws and regulations that offer them special protections and resources that school counselors must be aware of.

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The topic of this legal Guide is "Working with Foster Children/Students".

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I choose this topic because I have numerous siblings who my parents adopted out of the foster system and some who are still in it. Because of my experience, I know that the foster care system can be difficult to navigate from all sides. Stakeholders who are affected include the children, biological parents, foster parents, social workers, lawyers, and educators. Understanding the foster care system and the laws that govern it is important to my work as a school counselor.

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Why foster care is important in school counseling

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Why foster care is important in school counseling

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According to the Children’s Bureau’s most recent report, Texas had 31,108 children in foster care for an average stay of 11 months (2020). During my conversation with Carol Gloetzner (2022), she pointed out that these students have experienced various types of trauma and need extra support to succeed. “School counselors have the opportunity to utilize their unique position within the school community to effectively serve and address the complex needs of students in foster care” (Brinser & Wissel, p. 1, 2020).  They can provide a positive and stable adult relationship, an accepting and supportive school climate, and information for supportive services both in and outside of the educational setting.

Brisner, H., & Wissel, A. (2020). Serving students in foster care: implications and interventions for school counselors. The Professional Counselor. Serving Students in Foster Care: Implications and Interventions for School Counselors | The Professional Counselor (nbcc.org)

Children’s Bureau: Office of the Administration for Children & Families (2020). In foster care on the first day of the fiscal year. Adopted List (hhs.gov)

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Best Practices for School Counselors: Opinion of Carol Gloetzner (personal communication, June, 20, 2022)

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Best Practices for School Counselors: Opinion of Carol Gloetzner (personal communication, June, 20, 2022)

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1. Be intentional in building a relationship with students in foster care and their foster parents. Provide information, communicate regularly, and follow up.
2. Provide inclusion and enrichment opportunities through extracurricular activities, leadership opportunities, and educational experiences.
3. Create a positive school climate of support and acceptance. Use a strengths-based approach to empower students in foster care.

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1. Some adults who aged out of the foster care system are suing their states claiming that they were abused, neglected by their caseworkers, and left homeless without support. In Texas, a class action lawsuit made its way through the court system ending with the District Court’s ruling of an injunction against the Department of Family and Protective Services. (Bureau & Morris)
2. The state of Texas does is working on a comprehensive plan to fix the foster care system and have been experimenting with outsourcing foster care to privatized community-based care organizations. Bexar County attempted privatizing foster care in 2018 but had so many issues that the children ended back up in the state foster care system within a year. Both Texas and Bexar County are relying on funding from the federal government to help cover the costs of revamping and improving the foster care system. This funding will come from the Family First Prevention Services Act of 2018 (H.R. 1892) which shifts funds to provide supportive services for families, so children aren’t removed in the first place. (Collier & Saunders, 2021)

Resources

Bureau, A., & Morris, A. (2018). Foster Children suing state faced unemployment, homelessness and trafficking after leaving the system. San Antonio Express News. Foster children suing state faced unemployment, homelessness and trafficking after leaving the system (expressnews.com)

Collier, D. & Saunders, J. (2021). As Bexar County foster care system plunges deeper into turmoil, what happens next? KSAT News: Graham Media Group. As Bexar County foster care system plunges deeper into turmoil, what happens next? (ksat.com)

H.R. 1892 – 115th Congress (2018): Family First Prevention Services Act (2018). Bipartisan Budget Act of 2018 | Congress.gov | Library of Congress

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This organization currently has 139 articles relating to school counselors and foster care. They range from practical resources that talk about laws and financial aid to social-emotional resources about how to offer support.

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American School Counselor Association

1101 King Street
Suite 310
Alexandria, VA 22314

(703) 683-ASCA
asca@schoolcounselor.org

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Search - American School Counselor Association (ASCA)

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Example of a helpful article by the ASCA:   Kruger, A. (2018). Foster success. Counselor News.

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Example of a helpful article by the ASCA:   Kruger, A. (2018). Foster success. Counselor News.

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This article is particularly helpful in briefing school counselors in how to approach students in the foster care system.

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Children enter the foster care system for reasons including neglect, physical abuse, emotional abuse, sexual abuse, domestic violence and/or parental drug use. Approximately 90 percent of foster children have experienced a traumatic event, with nearly half reporting exposure to four or more types of traumatic events. Such events lead to difficulty with decision making, problem solving, regulating emotions, planning and inhibiting their impulses. Trauma causes children to live in a constant state of alert, and they can be easily triggered. To an outsider, their reactions may appear to be extreme or unacceptable, but these students are trying to survive and don't feel safe due to the instability in their lives. Rather than asking these students, "What is wrong with you?" we must shift to asking, "What happened to you?" Acknowledgment that these students' responses are automatic and involuntary will lead to higher levels of empathy and compassion toward them.

Obstacles to Education
Students in foster care have the worst educational outcomes of all subgroups. Causes include school placement instability, attendance difficulties, problems with transferring school records and partial credits, high discipline rates, lack of teacher preparedness for addressing the needs of foster youth and lack of collaboration between the school and the child welfare system. The current high school graduation rate for foster youth is 50 percent compared with 84 percent of the general population. Although 70 percent of foster youth want to attend college, according to a recent study, only 10 percent do so and only 3 percent graduate.

The most significant obstacle is school mobility. Every time a youth in foster care changes schools, they lose four to six months of educational progress. With the resulting gaps in their education, an estimated 30 percent to 50 percent of children in foster care receive special education services.

I had a second-grade student who could not write his name or read at all and was immediately referred for a special education assessment. With more research, I learned that this child had never been to school. He did not have a learning disability; he had never been given the tools necessary to perform at grade level. It is crucial that we learn as much as possible about these students to ensure they receive appropriate supports.

Hope for Foster Youth
Several laws aim to improve educational outcomes for foster youth. The Every Student Succeeds Act (ESSA) includes provisions to promote school stability for youth in foster care and increase communication between schools and the child welfare systems. ESSA states that foster youth must remain in the same school if it is in the child's best interest. Schools may use Title VI-E funds to provide transportation for these students if needed. ESSA also requires schools to immediately enroll students regardless of any missing documents and mandates that the previous school transfer records to the new school in a timely manner. Although not required under ESSA, many states require schools to provide partial credits, giving students in foster care an accurate number of credits for the amount of time they attended school. Learn more at https://www2.ed.gov/about/inits/ed/foster-care/index.html.

Even with these provisions, school counselors must work as social justice advocates for foster youth, ensuring they have all the necessary tools to succeed in school.

Know the laws: Research and understand state and federal laws protecting youth in foster care. Then educate others and advocate to ensure foster youth's educational rights are being maintained.

Ensure your district has policies and procedures in place when a new foster youth is enrolled: For example, when a foster youth is enrolled in your school or district, are you informed? If so, by whom? Is there a procedure in place for how you meet with this student, and what supports ensure educational success?

Educate yourself and your staff: We school counselors are responsible for ensuring that our teachers, community, administrators and other stakeholders understand how to ensure these students receive what they need to be successful in school. Providing strategies for teachers to compassionately work with these students is crucial.

Be consistent: Foster youth have experienced unimaginable trauma and untrustworthy adults and will often try to push others away to protect themselves from hurt. Show them that no matter what, you will be there to support them.

Communicate on a regular basis with stakeholders: Make sure foster parents, group homes and social workers are involved in meetings and that any concerns are addressed immediately.

Empower these students to have their own voice: Foster youth rarely have any say in the way their life unfolds, with decisions made for them by social workers, attorneys, judges, foster parents and educators. Allow the students you work with to speak up about their needs and teach them to advocate for themselves while being by their side to support them.

Talk to your students about their future: While living in a state of uncertainty and turmoil, many foster youth have never had the opportunity to consider their future. Hold high expectations for these students, and make sure they know what postsecondary options are available for them.

Be aware of financial support for college: Fortunately, most states have a variety of scholarships to support foster youth attending college. Some states even have agreements with universities that will provide foster youth an automatic acceptance to the college if they meet the minimum requirements.
Familiarize yourself with university supports; only 3 percent of foster youth graduate from college. These students may lack the necessary social support systems to overcome challenges during these years. Many universities have programs on campus to support foster youth financially and emotionally to improve the likelihood of graduation.

Use the local court-appointed special advocate (CASA) program in your county: CASAs are volunteers who are extensively trained to provide support for foster youth. They ensure that the foster child's best interest is always the top priority. They provide mentorship and attend court to make recommendations about the child's education, medical needs, placement options and therapeutic services. Most counties have a CASA program that can you and the foster child you are working with.

With your help, foster youth in your school can be that much closer to academic, career and social/emotional success.

Ashley Kruger is a school counselor with Murrieta Valley Unified School District in San Diego, Calif. She can be reached at ashleykruger21@gmail.com. Contact the author for references to this article.

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Children enter the foster care system for reasons including neglect, physical abuse, emotional abuse, sexual abuse, domestic violence and/or parental drug use. Approximately 90 percent of foster children have experienced a traumatic event, with nearly half reporting exposure to four or more types of traumatic events.

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Foster care & Special Education Services

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Foster care & Special Education Services

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Wiltz, T. (2018). This new federal law will change foster care as we know it. The PEW Charitable Trust. This New Federal Law Will Change Foster Care As We Know It | The Pew Charitable Trusts (pewtrusts.org)

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This New Federal Law Will Change Foster Care As We Know It

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Few noticed, but Congress passed a sweeping overhaul of the nation’s troubled foster care system. Child welfare advocates say it will have a dramatic impact on children and their families.

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National Library of Medicine: Challenges of mental health care for foster children

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National Library of Medicine: Challenges of mental health care for foster children

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Pecora, P. J., Jensen, P. S., Romanelli, L. H., Jackson, L. J., & Ortiz, A. (2009). Mental health services for children placed in foster care: an overview of current challenges. Child welfare, 88(1), 5–26.

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Journal List

HHS Author Manuscripts

PMC3061347

Child Welfare. Author manuscript; available in PMC 2011 Mar 21.

Published in final edited form as:

Child Welfare. 2009; 88(1): 5–26.

PMCID: PMC3061347

NIHMSID: NIHMS278097

Peter J. Pecora, Senior Director of Research Services, Peter S. Jensen, President and CEO, Lisa Hunter Romanelli, Director of Programs, Lovie J. Jackson, PhD, MSW, Postdoctoral Scholar, and Abel Ortiz, Senior Advisor on Health and Human Services and Juvenile Services

Abstract

Given the evidence from studies indicating that children in care have significant developmental, behavioral, and emotional problems, services for these children are an essential societal investment. Youth in foster care and adults who formerly were placed in care (foster care alumni) have disproportionately high rates of emotional and behavioral disorders. Among the areas of concern has been the lack of comprehensive mental health screening of all children entering out-of-home care, the need for more thorough identification of youth with emotional and behavioral disorders, and insufficient youth access to high-quality mental health services. In 2001, the American Academy of Child and Adolescent Psychiatry (AACAP) and the Child Welfare League of America (CWLA) formed a foster care mental health values subcommittee to establish guidelines on improving policy and practices in the various systems that serve foster care children (AACAP and CWLA, 2002). Because of the excellent quality and comprehensiveness of these statements, the Casey Clinical Foster Care Research and Development Project undertook consensus development work to enhance and build upon these statements. This article presents an overview of mental health functioning of youth and alumni of foster care, and outlines a project that developed consensus guidelines.

Recent research underscores the urgent need to improve the access and quality of health and mental health care services for the large numbers of children in foster care (about 800,000, with a daily census of 510,000 as reported at the end of September 2006; U.S. Department of Health and Human Services [USDHHS], 2008). For example, Rubin, Halfon, Raghavan, and Rosenbaum (2005) found that an estimated one in every two children in foster care has chronic medical problems unrelated to behavioral concerns (Halfon, Mendonca, & Berkowitz, 1995; Simms, 1989; Takayama, Wolfe, & Coulter, 1998;U.S. General Accounting Office, 1995). Evidence suggests that these chronic conditions increase the likelihood of serious emotional problems (Rubin, Alessandrini, Feudtner, Mandell, Localio, & Hadley, 2004). Studies also suggest that of the 40% of youth in foster care, up to about 80% of these children exhibit a serious behavioral or mental health problem requiring intervention (Clausen, Landsverk, Ganger, Chadwick, & Litrownik, 1998; Garland, Hough, Landsverk, McCabe, Yeh, Ganger, & Reynolds, 2000; Glisson, 1994; Halfon et al., 1995; Landsverk, Garland, & Leslie, 2002; Stahmer, Leslie, Hurlburt, Barth, Webb, Landsverk & Zhang, 2005; Trupin, Tarico, Low, Jemelka, & McClellan, 1993; Urquiza, Wirtz, Peterson, & Singer, 1994). Young adults outside of foster care also suffer from mental health problems at high rates. According to a recent report of the U.S. Government Accountability Office (2008), in 2006, at least 2.4 million young adults ages 18 to 26 had serious mental illnesses.

Given the evidence from studies indicating that children in care have significant developmental, behavioral, and emotional problems (Clausen et al., 1998; Rutter, 2000), quality services for these children are an essential societal investment. Youth in foster care and adults who formerly were placed in care (foster care alumni) have disproportionately high rates of emotional and behavioral disorders. Among the areas of concern has been the lack of comprehensive mental health screening of all children entering out-of-home care, the need for more thorough identification of youth with emotional and behavioral disorders, and insufficient youth access to high-quality mental health services.

Need for Greater Consensus on Policy and Practice

Despite recent findings that targeted assistance to youth, foster parents, and birthparents can exert salutary effects on youth and adult foster care alumni’s mental health (e.g., Kessler, Pecora, Williams, Hiripi, O’Brien, English, White, Zerbe, Downs, Plotnick, Hwang, & Sampson, 2008), evidence-based practices are not being used routinely in foster care settings (Landsverk, Burns, Stambaugh, & Rolls-Reutz, 2006). Given this need and the shared interest of policymakers and advocacy groups to improve existing child welfare practices, guidelines on best practices for overall mental health approaches within child welfare are necessary.

In 2001, the American Academy of Child and Adolescent Psychiatry (AACAP) and the Child Welfare League of America (CWLA) formed a foster care mental health values subcommittee to establish guidelines on improving policy and practices in the various systems that serve foster care children (AACAP and CWLA, 2002). Because of the excellent quality and comprehensiveness of these statements, the Casey Clinical Foster Care Research and Development Project undertook consensus development work to enhance and build on these statements. The following strategy was implemented.

Step 1: Formed a Steering Committee

A small steering committee (12 to 15 people) was formed, consisting of researchers from the Center for the Advancement of Children’s Mental Health, Casey Family Programs, the Annie E. Casey Foundation, and representatives from key child welfare organizations such as the AACAP, CWLA, National Clearinghouse on Child Abuse and Neglect (NCCAN), and others. This steering committee guided the overall guideline development process, and assumed all organizational, leadership, and primary writing responsibilities.

Step 2: Prepared Expert Papers

We commisioned experts in the field of mental health to write critical papers on the following mental health issues in child welfare: (a) optimal mental health screening and assessments, (b) effective psychosocial interventions, (c) appropriate psychopharmacologic treatment, (d) parent engagement, and (e) youth empowerment.

Step 3: Surveyed Experts in the Field

To answer questions not directly addressed in the literature, a purposive sample of about 43 research and clinical experts with 10 or more years clinical and research experience with child welfare completed a brief survey on preferred practices for psychosocial intervention strategies for youth in foster care, based on the accepted RAND consensus survey methodologies (Brook, Chassin, Fink, Solomon, Kosecoff, & Park, 1986; Kahn & King, 1997). Survey responses were aggregated to identify those items demonstrating a high degree of consensus (mean > 8.0) as potential candidates for best practice guidelines.

Step 4: Held a Two-Day Expert Consensus Conference

The two-day conference was a forum for presenting the critical papers and the results of the consensus survey. Following these presentations, conference participants were each assigned to one of five work groups corresponding to the topic areas (a through e) mentioned previously. Each work group formulated preliminary guidelines in their respective area based on their synthesis of the evidence, expert consensus data, and clinical sensibility and feasibility.

Following the work group discussions, the chair and reporter of each work group presented their preliminary guidelines to conference participants for feedback. Work groups were given the opportunity to revise and refine their guidelines based on this feedback. By the end of the two-day conference, each work group had a preliminary set of guidelines that had been reviewed by all conference participants.

Step 5: Refined Consensus Guidelines

Following the consensus meeting, candidate consensus recommendations derived from Step 4 were further refined, and redistributed to the smaller steering committee for approval.

Overview of the Special Issue

This special issue presents the results of the consensus guidelines development work and abridged versions of the critical papers presented at the conference. The special issue begins with this introductory paper that presents the most current data available regarding the prevalence of emotional and behavioral disorders among youth in foster care and alumni and the major challenges faced by children in child welfare who need mental health services. Abridged versions of the five critical consensus conference papers follow, as well as a paper on a multilevel evidence-based system of parenting interventions that was also presented at the conference. This special issue closes with two guideline papers: (1) guidelines for mental health screening, assessment, and treatment (both psychosocial and pharmacologic); and (2) guidelines for parent engagement and youth empowerment.

Emotional and Behavioral Disorders Among Youth in Foster Care1

Most youth in foster care have traumatic family histories and life experiences (including the removal from their birthfamily) that result in an increased risk for mental health disorders. A study of children in foster care revealed that posttraumatic stress disorder (PTSD) was diagnosed in 60% of sexually abused children and in 42% of the physically abused children (Dubner & Motta, 1999). The study also found that 18% of foster children who had not experienced either type of abuse had PTSD, possibly because of exposure to domestic or community violence (Marsenich, 2002).

Several studies have documented the increased prevalence of emotional and behavioral disorders in the foster care population (Auslander, McMillen, Elze, Thompson, Jonson-Reid, & Stiffman, 2002; Clausen et al., 1998; Dos Reis, Zito, Safer, & Soeken, 2001; McMillen, Scott, Zima, Ollie, Munson, & Spitznagel, 2004; Stahmer et al., 2005). Table 1 presents data from the Casey Field Office Mental Health (CFOMH) study on the lifetime mental health disorders of adolescents in foster care. We use data from this study, along with the Midwest Study data, because the data was recently collected, an important age group was highlighted, a broad list of diagnoses was assessed, and special analyses were undertaken that compared the CFOMH adolescents to a similar national general population sample.

Table 1

Lifetime Mental Health Disorders of Adolescents in Foster Care: Comparisons to the Midwest Study

Diagnosis | CFOMH Study (%) (Ages 14–17) | Midwest Study (%) (Age 17)
PTSD | 13.4 | 16.1
Alcohol abuse | 7.7 | 11.3
Alcohol dependence | 3.6 | 2.7
Any depressiona | 19.0* | 2.9
Drug abuse | 14.1* | 5.0
Drug dependence | 4.2 | 2.3
Social phobia | 10.5* | 0.4
Sample size | 188 | 732

Prevalence Rates Among Youth in the Casey Study of Adolescents

The CFOMH study used the composite international diagnostic interview (CIDI) to assess the prevalence of mental health diagnoses among 14- to 17-year-old adolescents in Casey foster care (White, Havalchak, Jackson, O’Brien, & Pecora, 2007). The CIDI generates research-based mental health diagnoses of commonly occurring DSM-IV mental disorders (American Psychiatric Association [APA], 1994) by using type and severity of experienced symptoms. Generally good concordance has been found between CIDI diagnoses and independent clinical assessments (Haro, Arbabzadeh-Bouchez, Brugha, de Girolamo, Guyer, Jin, Lepine, Mazzi, Reneses, Vilagut, Sampson, & Kessler, 2006).

Table 2 presents the lifetime and past year mental health diagnoses of adolescents in the CFOMH study and a comparison sample of youth in the general population matched by age, race and gender (see White et al., 2007, for detailed sample characteristics). About three in five youth being served by Casey (63.3%) had a lifetime CIDI diagnosis, and about one in five (22.8%) had three or more lifetime diagnoses. Of the 22 lifetime diagnoses assessed, 6 were diagnosed for 15% or more of the sample. The most common lifetime diagnoses were oppositional defiant disorder (29.3%), conduct disorder (20.7%), major depressive disorder (19.0%), major depressive episode (19%), panic attack (18.9%), and attention deficit hyperactivity disorder (ADHD; 15.1%).

Table 2

Mental Health Functioning of Adolescents in Foster Care: Lifetime Diagnoses and Diagnoses in the Past Year

Mental Health Diagnoses | CFOMH Study (ages 14–17) | NCS-A (Adolescent General Population, ages 14–17)a
Lifetime (%) | Past year (%) | Lifetime (%) | Past year (%)
At least one CIDI DSM-IV diagnosisb | 63.3 | 35.8 | 45.9 (−) | 36.2 (=)
Three or more CIDI diagnosesb | 22.8 | 7.7 | 14.7 (−) | 9.1 (=)
Alcohol abuse | 7.7 | 3.6 | 5.9 (=) | 4.4 (=)
Alcohol dependence | 3.6 | 2.0 | 1.1 (−) | 0.8 (=)
Anorexia | 0.0 | 0.0 | 0.2 (=) | 0.1 (=)
ADHD | 15.1 | — | 4.5 (−) | —
Bulimia | 3.2 | 1.1 | 1.1 (−) | 0.8 (=)
Conduct disorder | 20.7 | 8.3 | 7.0 (−) | 3.8 (−)
Drug abuse | 14.1 | 2.1 | 8.8 (−) | 5.7 (+)
Drug dependence | 4.2 | 1.5 | 1.8 (−) | 1.2 (=)
Dysthymia | 4.5 | 2.0 | 3.7 (=) | 2.7 (=)
Generalized anxiety disorder | 4.7 | 2.1 | 2.5 (=) | 1.7 (=)
Hypomania | 0.0 | 0.0 | 3.7 (+) | 3.0 (+)
Intermittent explosive disorder | 13.9 | 8.6 | 14.4 (=) | 11.8 (=)
Major depressive disorder | 19.0 | 10.9 | 11.9 (−) | 8.4 (=)
Major depressive episode | 19.0 | 10.9 | 14.1 (−) | 10.2 (=)
Mania | 9.3 | 5.5 | 1.7 (−) | 1.3 (−)
Nicotine dependence | 3.1 | 2.0 | 6.7 (=) | 5.1 (=)
Oppositional defiant disorder | 29.3 | — | — | —
Panic attack | 18.9 | 6.8 | 20.3 (=) | 11.2 (=)
Panic disorder | 0.0 | 0.0 | 2.5 (+) | 2.1 (=)
PTSD | 13.4 | 9.3 | 5.2 (−) | 3.6 (−)
Separation anxiety disorder | 12.0 | 0.0 | 8.9 (=) | 2.1 (=)
Social phobia | 10.5 | 7.2 | 14.6 (=) | 13.1 (+)
Sample size | 188 | 7753

Over one-third of youth served by Casey (35.8%) reported symptoms indicative of a mental health disorder in the past year, and a much smaller percentage (7.7%) had symptoms indicative of three or more past year mental health problems. Of the 20 past years mental health conditions assessed, none were diagnosed for 15% or more of the sample. The most common past year conditions were major depressive disorder (10.9%), major depressive episode (10.9%), PTSD (9.3%), intermittent explosive disorder (8.6%), and conduct disorder (8.3%).

Comparisons of the CFOMH Data with Other Studies

Compared to youth in the general population comparison sample, youth in the CFOMH study were significantly more likely to have at least one lifetime diagnosis (63.3% vs. 45.9%) and to have three or more lifetime diagnoses (22.8% compared to 14.7% in the general population). Mental health comparison data were provided by the National Comorbidity Study-Adolescent (NCS-A) survey. This survey, conducted from April 2001 to April 2003, used the CIDI in a nationally representative sample of 10,148 youth ages 13 to 17 (N. Sampson, personal communication, May 30, 2007). Rates of diagnoses in the past year, however, were similar between the two samples: 35.8% in the CFOMH study, compared to 36.2% of adolescents in the general population.

Emotional and Behavioral Disorders Among Foster Care Alumni

Unfortunately, relatively little information has been available concerning how foster care alumni fare as adults, particularly in terms of mental health and other functional outcomes. Most recently, however, results of the Casey National Alumni Study (Pecora, Kessler, O’Brien, White, Williams, Hiripi, English, White, & Herrick, 2006; Pecora, Williams, Kessler, Downs, O’Brien, Hiripi, & Morello, 2003), the Midwest Study (Courtney, Dworsky, Ruth, Keller, Havlicek, & Bost, 2007), and the Northwest Alumni Study (NWAS; Kessler et al., 2008; Pecora Kessler, Williams, O’Brien, Downs, English, White, Hiripi, Roller White, Wiggins, & Holmes, 2005; Pecora et al., 2006) suggest that young adult foster care alumni experience some mental illnesses at a much higher rate than young adults in the general population (as measured by the National Comorbidity Study Replication [NCS-R]; Kessler & Merikangas, 2004). Findings indicated that there are sizably greater risks among adult alumni for PTSD, anxiety disorders, depression, and drug dependence (two- to sevenfold increases in risk). Particularly troubling was the frequent lack of mental health services provided for youth in care as evidenced by long delays between illness onset and diagnosis and treatment.

Data are even more scarce for alumni of foster care based on well-recognized standardized measures of mental health functioning. Some sources of standardized data are the Midwest Study and NWAS, which are described next (Pecora et al., 2005).

The Midwest Study and the NWAS

The NWAS compared the mental health functioning of 479 alumni, ages 20 to 33, with individuals of a similar age, gender, and ethnicity in the general population (from the NCS-R; Pecora et al., 2005). Based on questions from the CIDI, both the NWAS and the NCS-R assessed lifetime and 12-month mental health prevalence rates (see Table 3).

Table 3

Mental Health Functioning: Rates for Lifetime Symptoms, Symptoms in the Past 12 Months, and Lifetime Recoverya

Mental Health Outcomes | NWAS | NCS-R (GENERAL POPULATION)
% Who Had Symptoms— Lifetime | % Who Had Symptoms in Past 12 Months | % Recovered | % Who Had Symptoms— Lifetime | % Who Had Symptoms in Past 12 Months | % Recoveredb
CIDI diagnosisc | — | 54.4 (2.7) | — | — | 22.1 (1.0)*d | —
Three or more CIDI diagnosesc | — | 19.9 (2.3) | — | — | 2.9 (0.5)*d | —
Major depression episode | 41.1 (2.8) | 20.1 (2.3) | 51.0 (4.5) | 21.0 (1.4)* | 11.1 (0.8)* | 48.3 (2.2)
Panic syndrome | 21.1 (2.2) | 14.8 (1.9) | 30.1 (5.4) | 4.8 (0.5)* | 3.5 (0.4)* | 30.4 (4.7)
Modified social phobia | 23.3 (2.5) | 17.1 (2.3) | 26.6 (5.2) | 15.9 (1.6)* | 9.4 (1.0)* | 36.7 (3.1)*
Generalized anxiety disorder | 19.1 (2.4) | 11.5 (2.0) | 39.6 (7.3) | 7.0 (0.8)* | 4.0 (0.6)* | 39.8 (3.8)
PTSDe | 30.0 (2.5) | 25.2 (2.5) | 15.7 (2.4) | 7.6 (0.7)* | 4.6 (0.5)* | 41.9 (4.1)*
Alcohol problem | Not measured | 11.9 (1.6) | — | Not measured | Not measured | —
Alcohol dependence | 11.3 (1.2) | 3.6 (0.6) | 67.9 (4.5) | 7.1 (0.1)* | 2.3 (0.6) | 63.4 (5.4)
Drug problem | Not measured | 12.3 (2.2) | — | Not measured | Not measured | —
Drug dependence | 21.0 (2.3) | 8.0 (1.8) | 61.8 (6.6) | 4.5 (0.7)* | 0.7 (0.2)* | 80.4 (4.8)*
Anorexiaf | 1.2 (0.3) | 0.0 | 100.0 | 0.3 (0.1)* | 0.0 | —
Bulimia | 4.9 (1.4) | 3.6 (1.3) | 25.8 (1.1) | 0.8 (0.2)* | 0.5 (0.2)* | 48.3 (13.6)*
SF-12® mental health score of 50 or above | — | 50.6 (2.8) | — | — | — | —
Sample size | 479 | 1601

For lifetime prevalence, the occurrence of mental health disorders among alumni exceeded the general population on all nine mental health disorders assessed. The prevalence of lifetime PTSD was significantly higher among alumni (30.0%) in comparison to the general population (7.6%). The prevalence of lifetime major depression episodes was also significantly higher among alumni (41.1%) than among the general population (21.0%).

For 12-month diagnoses, the prevalence of diagnoses among alumni exceeded the general population on all nine disorders assessed, with the highest rates of alumni diagnoses being PTSD and depression. The rate of 12-month PTSD among alumni was 25.2% compared to 4.6% in the general population and the rate of 12-month major depression was 20.1% for alumni and 11.1% for the general population.

For many diagnoses, rates among adult alumni in the NWAS were three to five times those of youth in CFOMH study. This pattern of results suggests that alumni of foster care may be more at risk for mental health problems than youth still in care. This may be because unresolved issues surface in the difficult years after emancipation, when young adults may not have the means or supports to address them properly.

The Midwest Evaluation of the Adult Functioning of Former Foster Youth Study assessed the mental health of the 19- and 21-year-olds in their sample using the lifetime version of the CIDI. Table 4 presents the overlapping CIDI diagnoses in the Midwest Study for 21-year-olds and the NWAS for 20- to 33-year-olds (average age 24). The most prevalent mental health problems in the Midwest Study were PTSD, major depression, and alcohol dependence. Although prevalence rates were lower than the NWAS, this may be largely attributable to the age difference between the two studies.

Table 4

CIDI-Based Diagnoses of Foster Care Alumni

Mental Health Diagnoses | NWAS (ages 20–33, Males and Females Combined) | Midwest Study (age 21) Past year (%)a
Lifetime (%) | Past year (%) | Females | Males
At least one CIDI DSM-IV diagnosis | 54.4b | 22.1b | 14.2b | 4.6b
Alcohol dependence | 11.3 | 3.6 | 3.5 | 11.6
Anorexia | 1.2 | 0.0 | — | —
Drug abuse | — | 12.3c | 1.9 | 5.8
Drug dependence | 21.0 | 8.0 | 1.0 | 5.1
Generalized anxiety disorder | 19.1 | 11.5 | 0 | 0
PTSD | 30.0 | 25.2 | 7.9d | 3.8d
Sample size | 479 | |

Comorbidity and Racial and Gender Differences in Mental Health Among Foster Care Alumni

Comorbidity

The co-occurrence of multiple disorders (comorbidity; Jackson, 2008) is an important consequence of childhood trauma. Individuals with depression (a mood disorder) or PTSD (an anxiety disorder), often experience medical conditions such as heart disease, high blood pressure, diabetes, or cancer (Cicchetti & Toth, 1998; DeBellis, 2001; USDHHS, 2000). Depression and PTSD are also commonly associated with each other and with a number of other mental health issues such as aggression, attention deficits, eating disorders, alcohol or drug addictions, and suicidal tendencies (Castel, Rush, Urbanoski, & Toneatto, 2006; Cicchetti & Toth, 1998; DeBellis, 2001; Green & Kreuter, 2005; Hammen & Rudolph, 2003; Linning & Kearney, 2004; USDHHS, 2000; Wilson, Becker, & Heffernan, 2003; Zimmerman, Chelminski, Zisook, & Ginsberg, 2006). Violence and traumatic stress are both linked to the neurobiological systems that affect physical health as well as cognitive functioning, emotion control, and behavior (DeBellis, 2001). Despite the significant risk of psychological and physiological trauma among foster care alumni, few published studies describe the prevalence of specific comorbidities in this population. One exception, the NWAS, demonstrated that nearly 20% of alumni ages 20 to 33 had three or more current psychiatric problems (specific disorders not reported), compared to only 3% of the general population (Pecora et al., 2005).

In a special set of analyses of African American and white alumni in the Casey National Foster Care Alumni Study, Jackson (2008) found that in contrast to studies of the general population where comorbid depression was observed in 64% of the sample (see Kessler, Berglund, Demler, Jin, Koretz, Merikangas, Rush, Walters, & Wang, 2003), 98% of foster care alumni in this study exhibited comorbid depression and 94% of alumni had comorbid PTSD. Of the alumni with depression, 77% had another mental health diagnosis and 89.9% had coexisting health problems. About 62% of alumni with PTSD had a co-occurring mental disorder and 82% had co-occurring physical ailments. Rates of depression and PTSD comorbidity with physical health conditions were 13% to 21% higher than with other psychiatric diagnoses. This suggests a need to view and respond to alumni well-being from a more holistic perspective.

Racial and Gender Differences in Rates of Emotional and Behavioral Disorders

Racial and gender differences in the mental health of foster care alumni are rarely explored, especially with multivariate techniques that control for pre-placement and in-care experiences. In one of the few analyses conducted to date, Jackson (2008) analyzed data from the Casey National Foster Care Alumni Study and found that of a sample of 708 African American and white foster care alumni, 13.9% met diagnostic criteria for depression and 20.7% met criteria for PTSD in the past year. Within the sample, females had nearly twice the rate of depression as males (18.5% and 9.5%, χ²[12.02, 1df, p < .01]) and nearly three times the rate of PTSD (30.6% and 11%, respectively, χ²[41.27, 1df, p < .000]). No statistically significant differences existed by race/ethnicity.

Females and males with depression and PTSD also had extremely high rates of comorbidity. Nearly the full sample of women with depression (98.7%) had a co-occurring health or mental health condition: 79.6% had another psychiatric diagnosis and 94% had other health issues. Males had comparable rates of comorbidity: 97% of men with depression had another disorder, 72.2% had other mental problems, and 82.1% had co-occurring physical disorders. Whereas 93.9% of females with PTSD had comorbid psychiatric or physical illnesses, the full sample of males with PTSD had coexisting health or mental health conditions, a statistically significant bivariate difference.

Challenges in Mental Health Services Delivery for Youth and Families Being Served by Child Welfare Programs

Mental Health Services Utilization

The National Study of Child and Adolescent Well-Being (NSCAW) findings indicate that, despite high rates of mental health services utilization by youth in child welfare in comparison with community studies, three of four children who came to the attention of the child welfare systems because of a child abuse and neglect investigation and who had clear clinical impairment had not received any mental health care within 12 months after the investigation (Stahmer et al. 2005). This suggests both the high need for and dramatic underutilization of mental health services. Emerging evidence reveals that both clinical and nonclinical factors affect mental health referral and utilization patterns for children in foster care. The nonclinical factors implicated are type of maltreatment, racial/ethnic background, age, and type of placement. For example, in a recent review of the race/ethnicity factor by Garland, Landsverk, and Lau (2003), these authors found that race/ethnic status consistently predicts lower use of mental health care for African American youth. Racial biases in assessment and referral patterns as well as less effective engagement and retention of African American children in treatment may be contributing factors.

Although there is little descriptive data on services to children in foster care, it appears that much of foster care is delivered without significant mental health services for children other than referral to mental health agencies for treatment. The preponderance of mental health services utilized by foster care youth is outpatient treatment, with a small proportion admitted to hospitals, and many others placed in group homes or residential treatment centers. As summarized by Landsverk et al. (2006), in a study conducted by Halfon, Berkowitz, and Klee (1993), Medicaid data were examined for all paid claims involving children under 18 years old in the fee-for-service program in 1988. Rates of health care utilization and associated costs were compared between the 50,634 children identified in foster care and the 1,291,814 total program eligible children. While the children in foster care represented less than 4% of the population of Medi-Cal eligible users, they represented 41% of the users of reimbursed mental health services and incurred 43% of all mental health expenditures.

Promising Strategies for Improving Mental Health Access and Treatment in Child Welfare

There are indications that family foster care agencies are responding to the substantial behavioral health needs of children in care and becoming more treatment oriented. Specialized family foster care programs—particularly treatment foster care—for children and youth with special needs in such areas as emotional disturbance, behavioral problems, and educational underachievement, have become more available (e.g., Chamberlain, 1994, 1997, 2003; Chamberlain, Price, Leve, Laurent, Landsverk, & Reid, in press; Chamberlain, Price, Reid, Landsverk, Fisher, & Stoolmiller, in press). Now, family foster care is sometimes provided as a multi-faceted service, including specialized or therapeutic services for some children, temporary placements for children in “emergency” homes, and supports to relatives raising children through kinship care (Maluccio, Pine, & Tracy, 2002).

In addition, systems of care models of mental health services delivery seek to operationalize a philosophy about the way in which services should be organized for children and their families, with three core characteristics: (a) child- and family-centered, (b) community-based, and (c) culturally competent (Stroul, 2002; Stroul & Friedman, 1996). These service delivery systems, by implementing these core values, are attempting to reduce barriers to service, more extensively involve parents and children, and increase the coordination of services. More recently, these approaches are being reformulated to include better integration with child welfare services.

Summary

This introduction to the special issue on best practices for mental health in child welfare has presented recent data about the emotional, behavioral, and substance abuse disorders of youth in foster care and alumni. The remaining papers build on the consensus guideline development work and addresses mental health services delivery challenges. The paper by Levitt describes promising ways to screen and assess the mental health of youth in child welfare. Landsverk et al. highlight some of the best psychosocial interventions for youth in child welfare. In their paper, Crismon and Argo address psychopharmacologic treatment for youth in child welfare and associated challenges.

The paper by Kemp et al. outlines principles and strategies for parent engagement in child welfare. This paper is followed by one by Prinz that describes an example of multilevel evidence-based system of parenting interventions with applicability to child welfare populations. Next, in their paper, Kaplan et al. discuss similar strategies targeted toward the empowerment of youth in child welfare.

The final two papers in this special journal issue present the guidelines and supporting rationale developed during the 2007 Best Practices for Mental Health in Child Welfare Consensus Conference. The first paper discusses the guidelines developed in the areas of mental health screening, psychosocial interventions and psychopharmacologic treatment. The second article presents the guidelines for parent engagement and youth empowerment.

Footnotes

¹This section is adapted from Pecora, White, Jackson, Wiggins, and English (in press).

Contributor Information

Peter J. Pecora, Casey Family Programs, Seattle, Washington.

Peter S. Jensen, The REACH Institute, New York, New York.

Lisa Hunter Romanelli, The REACH Institute, New York, New York.

Lovie J. Jackson, Western Psychiatric Institute and Clinic, Pittsburgh, Pennsylvania.

Abel Ortiz, Annie E. Casey Foundation, Baltimore, Maryland.

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Mental Health Services for Children Placed in Foster Care: An Overview of Current Challenges

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Given the evidence from studies indicating that children in care have significant developmental, behavioral, and emotional problems, services for these children are an essential societal investment. Youth in foster care and adults who formerly were placed ...

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San Antonio Independent School District (SAISD) McKinney Vento Policy/Rules to support homeless and children in foster care

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San Antonio Independent School District (SAISD) McKinney Vento Policy/Rules to support homeless and children in foster care

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The Stewart B. McKinney Assistance Act of 1994 is the primary federal legislation that directly addresses the education of homeless children and unaccompanied youth. Foster children fall into both homeless and unaccompanied youth categories. The McKinney Vento program is overseen by school counselors in the San Antonio Dependent School System.

Citation: San Antonio Independent School District Board, (n.d.). McKinney Vento Services. Legal Guide (padlet.com)

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"Advocate for the equal right and access to free, appropriate public education for all youth, in which students are not stigmatized or isolated based on their housing status, disability, foster care, special education status, mental health or any other exceptionality or special need"

Citation: American School Counseling Association (2016). ASCA ethical standards for school counselors. A.10.f, ASCA Ethical Standards for School Counselors - American School Counselor Association (ASCA)

*This standard is important because students in foster need extra advocacy and knowledge expertise from school counselors in addition to mental health support.

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Students in foster care frequently experience barriers that influence their personal, social, and academic success. These challenges may include trauma, abuse, neglect, and loss-all of which influence a student's ability to be successful in school. Combined with these experiences, students in foster care lack the same access to resources and support as their peers. To this end, school counselors have the opportunity to utilize their unique position within the school community to effectively serve and address the complex needs of students in foster care. This paper addresses the current research, presenting problems, implications, and interventions school counselors can utilize when working with this population.
Keywords: students, foster care, school counseling, support, interventions

In 2017, there were a total of 442,995 children and youth in the foster care system (U.S. Department of Health and Human Services, 2018). Given the number of these students in schools and communities, school counselors have the opportunity to utilize their position within the school system to identify, respond to, and advocate for the needs of students in foster care to ensure equity and access in all areas. Although all students need positive relationships and stability to be successful, students in foster care often lack the same access to support, resources, and opportunities as their peers (McKellar & Cowen, 2011; Palmieri & La Salle, 2017). These barriers and challenges contribute to gaps in achievement, relationships, and skills for these students (Palmieri & La Salle, 2017). Compared to their peers, students in foster care are more likely to be absent from school, repeat a grade, and change schools (Cutuli et al., 2013; Palmieri & La Salle, 2017; Unrau et al., 2012), which ultimately impacts their ability to establish and maintain relationships. Additionally, students in foster care are twice as likely to receive out-of-school suspensions, over three times as likely to receive special education services, and over 20% less likely to graduate from high school (National Working Group for Foster Care and Education [NWGFCE], 2018).

When it comes to higher education, students in foster care are less likely to enroll in college preparatory classes, attend college, and obtain a 4-year degree when compared to their peers (Kirk et al., 2013; Unrau et al., 2012). Research suggests that as little as 3%-10.8% of youth previously in foster care attain a 4-year degree, compared to the national college completion rate of 32.5% (NWGFCE, 2018). However, it is important for school counselors to realize that between 70%-84% of students in foster care desire going to college (Courtney et al., 2010; NWGFCE, 2018). Although students in foster care feel motivated to attend and complete college, academic achievement can easily become another barrier. On average, students in foster care receive both lower ACT scores and high school GPAs and perform lower on standardized tests compared to their peers-all of which influence one's admission to college (O'Malley et al., 2015; Unrau et al., 2012).

Unfortunately, it is also common for students in foster care to experience other challenges that influence their success in school, such as trauma. Trauma can include abuse; neglect; and the loss of family members, friends, and communities (Scherr, 2014). Without adequate support, trauma can impact a student's executive functioning and memory, ultimately affecting their ability to learn (Avery & Freundlich, 2009). Additionally, separation from family members, disrupted relationships, and frequent transitions lead to an increased risk for difficulties in expressing and regulating emotions, tolerating ambiguity, and problem-solving (O'Malley et al., 2015; Unrau et al., 2012). These interrelated and complex factors contribute to the achievement gap experienced by students in foster care as evidenced by lower academic achievement and less engagement in school (Pecora et al., 2006; Unrau et al., 2012).
Importance of Serving This Population
When considering interventions to support students in foster care, it is important to explore what they believe will be helpful for their growth and success. It is likely that the majority of students in foster care already feel a lack of control over what occurs in their lives (Scherr, 2014). Therefore, this is an opportunity to encourage student involvement while increasing student self-efficacy. Clemens et al. (2017) found that students in foster care emphasize the importance of having opportunities to connect with others in similar situations, learning practical skills, and implementing different strategies to better their lives. To provide a sense of normalcy and belonging, school counselors can advocate for interventions that promote connectedness and engagement with other students (Unrau et al., 2012).

Removing barriers, improving access to services, maintaining enrollment, improving attendance, and facilitating academic progress is critical in promoting success for students in foster care (Gilligan, 2007). Therefore, school counselors should be aware of the barriers related to access that exist for students in foster care and should be intentional in taking steps to remove any inequities. Working proactively and using a strengths-based approach that acknowledges the skills, strengths, and resiliency of students are ways in which school counselors can effectively meet the needs of students in foster care (Gilligan, 2007; Scherr, 2014). To illustrate, a strengths-based approach can be utilized with students who have anxious attachment patterns by acknowledging their ability to care for others, rather than focusing on the negative aspects of their attachment behaviors (e.g., being too "needy"). Although it can be easy to focus on the behaviors and disruptions that occur, school counselors have the opportunity to instead focus on these students' accomplishments, strengths, and dreams. Ultimately, it is evident that students in foster care face many challenges that influence their ability to be successful. In an effort to address this need, the following section outlines interventions for school counselors to use when working with students in foster care.
Interventions
School Climate
Positive school relationships are an essential part of school climate and can serve as a protective factor for students experiencing adversity (Furlong et al., 2011; O'Malley et al., 2015). Therefore, focusing on school climate may be an effective approach in supporting students in foster care, as positive school relationships can also help close achievement gaps between these students and their peers (Clemens et al., 2017). For example, positive school climate decreases rates of disruptive behaviors, truancy, fights, and suspensions at school (Hopson & Lee, 2011). In addition, Voight et al. (2013) found that students' positive school climate perceptions also contributed to academic achievement as indicated by state standardized test scores. School counselors can enhance school climate by allowing student voices, utilizing empowerment strategies, implementing evidence-based programs, providing adult mentoring (O'Malley et al., 2015), and working to create a positive peer culture (Bergin & Bergin, 2009).

School Culture
It is particularly important to pay attention to school culture, as these shared norms, beliefs, and behaviors affect perceptions of school climate (MacNeil et al., 2009). To create a positive school culture, Ziomek-Daigle et al. (2016) recommended that school counselors implement interventions using a multi-tiered system of supports. For example, providing classroom lessons on topics such as kindness, empathy, and acceptance are Tier 1 interventions that work to cultivate a positive school culture (Bergin & Bergin, 2009; Ziomek-Daigle et al., 2016). Additionally, school culture can be influenced by creating shared values and expectations for students throughout the school community (MacNeil et al., 2009). For example, school counselors can utilize empowerment strategies when teaching students in foster care to advocate for themselves and find autonomy in meeting their needs. The school counselor might say, "Last week, you worked so hard at learning to use 'I statements' when expressing your needs and feelings to others! In class, I even saw that you raised your hand to ask for a break when you started to get overwhelmed in math. How might you use similar skills to advocate for yourself when you get frustrated in social studies?" In this way, the school counselor is improving school culture by creating a shared expectation among students, teachers, and staff.

Educational Experiences
Moreover, school counselors can enhance school climate by facilitating enriching educational experiences that contribute to academic success (Gilligan, 2007). To ensure that students in the foster care system receive the same educational experiences as their peers, school counselors can screen, monitor, plan, communicate, and collaborate with other stakeholders (e.g., teachers, administration, staff, and foster families) to ensure equity and access for students in foster care (Palmieri & La Salle, 2017). Educating stakeholders about working with students in foster care can encourage inclusive assignments, promote an understanding of potential responses and reactions from students, and decrease negative behavioral perceptions (McKellar & Cowen, 2011). Additionally, including students in decisions about their education, where they attend school, and the support they receive can increase their self-efficacy, goal development, and self-advocacy skills (Palmieri & La Salle, 2017). This intentionality can also help them feel welcome, respected, and important-all of which increase their school connection.

Collaborating With Stakeholders
School counselors should plan to accommodate and work with students who may enter school in the middle of the year, as 34% of students in foster care experience five or more school changes by the time they reach the age of 18 (NWGFCE, 2018). When these students arrive at school, it is important that school counselors welcome them, explain classroom and school procedures, show them around the school, and facilitate connections with other students (Palmieri & La Salle, 2017). From the beginning, school counselors can prioritize involving the foster family by calling to welcome them, answering any questions they have, providing them with helpful information (e.g., teacher contact information), and following up with them after a few weeks. For example, packets can be sent home with students so foster families have access to any relevant documents or previous newsletters containing helpful information (McKellar & Cowen, 2011). Additionally, it may be beneficial for school counselors to invite the foster family to meet with them in person to create a stronger foster family and school partnership. Furthermore, incomplete student records can have a significant effect on academic services for students in foster care. Therefore, school counselors should work diligently with other school districts to retrieve and maintain these records (McKellar & Cowen, 2011).

Training
Along with planning, school counselors can provide all stakeholders with evidence-based information to effectively serve and address the needs of students in foster care (Kerr & Cossar, 2014). With this purpose in mind, school counselors can provide training to stakeholders on topics such as reflective listening, creating secure attachments, recognizing and responding to feelings and behaviors, and setting limits and boundaries (Kerr & Cossar, 2014). Informed stakeholders can more effectively support and respond to the unique needs of students in foster care, and in turn, students may be more successful in managing their emotions and behaviors (Palmieri & La Salle, 2017). This awareness can also strengthen relationships that promote school success (Kerr & Cossar, 2014). Additionally, school counselors can be proactive in collaborating with stakeholders to create structured and supportive classroom environments where students in foster care feel safe while learning. For example, working with teachers to modify assignments that have the potential to be triggering (e.g., family-based assignments) is essential in promoting student-teacher relationships and academic achievement (C. Mitchell, 2010; Palmieri & La Salle, 2017).

Inclusion
Students in foster care often experience triggers at school, whether it is from an assignment (e.g., family-based assignments), a topic discussed in class, or a community event that seems to be exclusively for biological parents (West et al., 2014). When these experiences occur, students in foster care do not always have the ability to self-regulate and utilize healthy coping skills (West et al., 2014). For this reason, it is essential to not only advocate for inclusive assignments and events but to also help students effectively manage their triggers so they can be academically and relationally successful. Additionally, it may be helpful to provide stakeholders with information about why certain activities lack inclusivity for students in foster care and offer possible alternatives or modifications for these experiences. To illustrate, events such as "Muffins with Moms" and "Donuts with Dads" can be altered for inclusivity by expanding the population to include anyone in the student's support system (e.g., "Floats with Friends" or "Popcorn with Important People").

Additionally, an assignment about creating a family tree could be modified for inclusivity by focusing on the diversity of family structures. C. Mitchell (2010) offers the alternative of creating "The Rooted Family Tree," in which the roots represent one's birth family, the student as the trunk, and the foster or adoptive family filling in the branches. Similarly, "The Family Houses Diagram" utilizes houses instead of trees to allow for multiple places of living and the option to form a connection between birth, foster, or other family types (C. Mitchell, 2010). Another common assignment given in schools is to bring a baby picture to share with the class. This lacks inclusivity for students in foster care, as they might not have these pictures or there may be difficult memories attached to them. Additionally, this puts the student in the painful position of having to explain why they do not have these pictures (C. Mitchell, 2010). As a result, C. Mitchell (2010) recommends framing the assignment as a choice: Bring a picture of yourself as a baby or at a younger age, on a vacation or holiday, or engaging in any activity that you enjoy.

Relationships
Knowing how to cultivate secure attachments with students in foster care is especially relevant for stakeholders, as positive student-adult relationships can influence other relationships in the student's life by altering their internal working model (Bergin & Bergin, 2009; Sabol & Pianta, 2012). Although it can be difficult to create and maintain secure relationships with students who experience insecure attachment (Bergin & Bergin, 2009), stakeholders have the opportunity to fill in attachment gaps that may exist for students in foster care. Secure attachment is related to higher grades and standardized test scores, increased emotion regulation, and higher self-efficacy (Bergin & Bergin, 2009; Golding et al., 2013). Moreover, students with insecure attachment tend to show less curiosity (Granot & Mayseless, 2001), have poorer quality friendships, and exhibit behavior problems (Bergin & Bergin, 2009; Golding et al., 2013).

Importantly, attachment to teachers, rather than just biological parents, is linked to school success (O'Connor & McCartney, 2007; Sabol & Pianta, 2012). When students have healthy relationships with their teachers and perceive them as supportive, they show greater interest and engagement in school, which leads to improvements in academic achievement (Bergin & Bergin, 2009; Golding et al., 2013). Additionally, students who experience insecure attachment crave positive, warm, and trusting relationships but often lack the skills to create them. For this reason, stakeholders can help nurture secure relationships by being genuine, maintaining high expectations, and providing as much choice and autonomy as possible (Bergin & Bergin, 2009). Furthermore, noticing when these students are not at school, or when they return after an absence, can help them know they are valued and cared for.

To advocate, school counselors can help stakeholders understand why students with insecure attachment are behaving and reacting in certain ways, while also helping staff to respond in ways that disconfirm students' insecure working models (Bergin & Bergin, 2009). In this way, staff can show that students' particular beliefs about relationships with others may not always be true. To illustrate, not asking for help in the classroom, ignoring the teacher, or denying the need for assistance could be a manifestation of an insecure avoidant attachment style (Golding et al., 2013). This student does not want to become close or show vulnerability, as they fear that the teacher will reject or separate from them (e.g., their internal working model). For these students, it can be easier to not ask for help or engage in classroom projects at all than risk the hurt of rejection (Golding et al., 2013). A teacher who misunderstands this might believe they are unable to adequately support the student. As a result, they may stop trying to help, which confirms the student's internal working model of fear and rejection. Instead, the teacher can disconfirm this student's internal working model by providing reassurance of their consistency and availability (Golding et al., 2013). For example, the teacher conveying that they want to help, while also asking how they can help, offers healthy choice and autonomy. Encouraging small changes in how stakeholders respond to students in foster care provides a space for positive and secure relationships to develop.

Skill Development and Addressing Unique Experiences
Behavior Management, Emotion Regulation, and Social Skills
Difficulties in behavior management, emotion regulation, and social skills are common among students in the foster care system, as they lack control over many events that occur in their lives (Octoman et al., 2014; Scherr, 2014). These students' unique and complex experiences can impact their ability to appropriately manage their emotions, behaviors, and interactions with others. Unfortunately, these extreme emotions and behaviors often result in several different placements, the loss of relationships, and the loss of school and community connections (Octoman et al., 2014).

Given this information, school counselors can contribute to student success by collaborating with stakeholders to communicate appropriate behavior, identify boundaries, and explicitly state expectations. Providing behavioral support, management, and individual attention can help students engage in positive behaviors that facilitate their success at school and in the classroom (Palmieri & La Salle, 2017). Additionally, working with students to identify and manage emotions decreases externalizing behaviors, reduces stress levels, and improves relationships. Likewise, providing education about control, acceptance, coping skills, and distress tolerance are applicable emotion regulation interventions to utilize with students in foster care (Benzies & Mychasiuk, 2009). Groups and interventions on topics such as social skills, problem-solving, making and keeping friends, and appropriate behaviors can help students develop healthy interpersonal relationships (Scherr, 2014; Zins & Elias, 2007).

Grief and Loss
Additionally, it is crucial that school counselors intentionally address the unique and complex experiences of students in foster care. For example, these students often experience non-death losses that go unacknowledged, including the loss of parents, siblings, friends, and communities (M. B. Mitchell, 2018). These losses may involve a lack of clarity and create confusion about a loved one's physical or psychological presence, commonly referred to as ambiguous loss (Boss, 1999; Lee & Whiting, 2007). To illustrate, being separated from one's family and placed into foster care can generate grief and loss reactions, including confusion, isolation, distress, uncertainty, helplessness, denial, extreme behaviors, and guilt (Lee & Whiting, 2007; M. B. Mitchell & Kuczynski, 2010). Disenfranchised grief occurs when others disregard and do not acknowledge a loss (Doka, 1989; M. B. Mitchell, 2018). Unfortunately, it is common for the child welfare system and society to ignore experiences of grief and loss in foster care (M. B. Mitchell, 2018; M. B. Mitchell & Kuczynski, 2010).

In an effort to address this, school counselors can begin by identifying, acknowledging, and validating losses that are not caused by death but produce many similar grief responses (M. B. Mitchell, 2016, 2018). Additionally, school counselors can educate stakeholders about ambiguous loss and disenfranchised grief, as it is important for the entire school community to have an understanding about manifestations of grief and loss when working with these students (e.g., internalizing and externalizing). In general, school counselors can advocate for students in foster care by validating their experiences, equipping them with education and resources, helping others understand why their experiences embody grief and loss, and acknowledging the inherent confusion involved in their unique situations (Lee & Whiting, 2007).

Accessing School and Community Resources
School Engagement
Students involved in their school community through extracurricular activities, leadership, and positions of responsibility often experience more motivation and engagement in learning (Gilligan, 2007). Additionally, such engagement is beneficial in creating a sense of normalcy, belonging, and community with other students. Unfortunately, these opportunities can seem limited to students in the foster care system because of cost, timing, and transportation barriers (Palmieri & La Salle, 2017). Therefore, it is critical that school counselors collaborate, advocate, and act to remove these barriers, as engagement in the school community can result in academic, social, and behavioral improvements (Scherr, 2014). School counselors can facilitate this involvement and engagement in the school community by collaborating with other stakeholders to provide opportunities. For example, encouraging and assisting students in foster care to navigate and obtain leadership positions (e.g., student government) will not only improve their engagement in school, but also increase their self-efficacy and sense of belonging within the school community. Additionally, school counselors can collaborate with other professionals (e.g., social workers, school psychologists, and school nurses) to identify and address different areas of support, resources, and opportunities for these students.

Group Counseling
With a national student-school counselor ratio of 455:1 (American School Counselor Association, 2019), group counseling is a promising approach to help school counselors meet the complex needs of students who are in foster care. Additionally, this is an effective way to encourage involvement and connectedness with students who have similar backgrounds, while providing these students with the skills that they need to be successful (Palmieri & La Salle, 2017). Involvement in group counseling can help create a sense of normalcy, belonging, and community with other students (Alvord & Grados, 2005) and can also result in academic, social, and behavioral improvements (Scherr, 2014).

Hambrick et al. (2016) found that children in foster care experienced improvements in behavior, academics, quality of life, attachment, placement stability, and emotion regulation following their participation in group-based interventions. Although participating in a small group with other students in the foster care system may provide the opportunity to feel understood and less alone, students may also benefit from engaging in group activities with typical peers. For example, students in foster care might participate in a "lunch bunch" group where they eat in community with the school counselor and other like-age peers. In these groups, students can play, learn from watching the interactions of peers, and develop the skills necessary for initiating and maintaining positive peer relationships.

Utilizing a reality therapy approach for group counseling seems particularly beneficial, as it addresses choice, control, and healthy ways of getting one's needs met-all common issues students in foster care may struggle with (Benzies & Mychasiuk, 2009; Cameron, 2013; Kress et al., 2019). These components are essential in empowering students to choose how they respond to and face the challenges in their lives (Benzies & Mychasiuk, 2009). In this approach, school counselors can assume the roles of teacher, advocate, and encourager by educating about responsibility, choices, and the importance of meaningful relationships (Kress et al., 2019). Utilizing the WDEP system (i.e., wants, doing, evaluation, and planning) to explore questions, including "What do you want?", "What are you doing?", and "Is it working?", helps students assess if their current behaviors are getting them what they desire, and if they are not, how they can change in healthy ways (Wubbolding, 2011).

Because behavior is intentional, it is beneficial to look at each student's behavior as an attempt to satisfy their needs (Glasser, 1984, 2000). Additionally, focusing on the here and now is helpful in guiding and educating students about effective and appropriate ways to get their needs met by others (Glasser, 1992, 2000). As many students in foster care have not always had their needs met in the past, they must learn to have their needs met in healthy and effective ways (Octoman et al., 2014). For example, a student who is grabbing and touching other students might be trying to get their need of love and belonging met. In this situation, it would be a helpful learning experience to guide this student to meet this need in a different way, such as asking the peer permission for a hug or setting aside time to spend with them later (Octoman et al., 2014).

When using this approach, school counselors can reframe behavior to emphasize student strengths, identify and celebrate students' acceptance of choice and responsibility, create anticipation for change, and communicate hope about success (Kress et al., 2019). School counselors can also prioritize rapport building; creating safety through rules, goals, and expectations; and helping students realize that they are not alone in their experiences (Alvord & Grados, 2005; Gladding, 2016; Kress et al., 2019). Other small groups that address issues such as social skills, making and keeping friends, and college and career exploration may also be helpful for students in foster care.

Mentorship Programs
Students in the foster care system experience many transitions and losses, which can result in disruptions to the adult and peer relationships that support educational success. In this way, mentorship programs work to reduce risk and provide protective support to students in foster care (Scherr, 2014). These students value having a mentor who provides support and encouragement on topics related to academics, college, and life (Clemens et al., 2017; Dworsky & Pérez , 2010) and benefit from having a consistent, trustworthy, and non-familial adult in their lives (Benzies & Mychasiuk, 2009). Mentorship programs contribute to fewer behavior referrals, less school mobility, and improved graduation rates (Salazar et al., 2016). Additionally, the accountability of mentorship can motivate students to improve their attendance, achievement, and engagement in school. Given this information, facilitating connectedness and mentorship for these students is crucial in providing them with the support, consistency, and encouragement they need to accomplish their goals.

The Check and Connect Model is evidence-based and targets students who show warning signs of disengaging from school such as poor attendance, behavioral issues, and low grades (Tilbury et al., 2014), all of which are particularly relevant for students in foster care. Potential mentors can be natural (e.g., someone already present and supportive in the student's life) or someone from the community interested in volunteering (Salazar et al., 2016). Utilizing natural mentors, if available, is beneficial in acknowledging the natural supports that already exist in students' lives. For example, if a student already has a trusting relationship with a staff member, it is important to utilize this connection to maintain stability. However, if a student is unable to identify any natural mentors, working with volunteers in the community is also an excellent option. Both are impactful in different ways, and the quality of the connection is what is really crucial (Salazar et al., 2016).

It is essential that mentors are consistent, empathetic, authentic, and committed to supporting students in foster care. Mentors not only serve as a relational connection for these students but also help youth expand their social support networks, set goals, explore postsecondary options, and increase involvement in the school community (Salazar et al., 2016). School counselors can work with mentors to monitor student performance variables, such as absences, behavioral referrals, and grades, while helping students solve problems, identify skills, and reach their goals (University of Minnesota, 2019). Mentorship programs should be flexible and tailored to the needs of each student and their mentor, as some pairs might benefit from more or less time to connect (Salazar et al., 2016). Ultimately, these programs can be helpful in providing students in foster care with the connection and support they need to be successful, while also contributing to the development of other secure relationships in their lives (Palmieri & La Salle, 2017).

Community Partnerships
For students in foster care, it is essential that support extends beyond the school community. To do this, school counselors can establish relationships and collaborate with the student, foster family, school, and foster care system (Palmieri & La Salle, 2017). These home-school partnerships are critical in meeting the needs of students in foster care. Additionally, foster families feel more supported when they are involved and their input is valued (Palmieri & La Salle, 2017). Utilizing and forming plans around academic and behavioral expectations, attendance, flexibility with requirements, and communication with stakeholders can be helpful in promoting success (McKellar & Cowen, 2011). Furthermore, tangible and emotional support can act as protective factors and meet the needs of students through the provision of goods and services (Piel et al., 2017). For example, school counselors can create or utilize community-based food and nutrition programs to ensure that basic needs are being met.

Mental Health Services
Equally important, students in foster care often experience difficulties that affect their mental health. Evidence-based treatments such as trauma-focused cognitive behavior therapy (TF-CBT), behavior therapy, cognitive behavior therapy (CBT), and parent-child interaction therapy can be adapted for the school setting (Landsverk et al., 2009). These models of counseling are helpful in addressing symptoms, while also promoting healthy behavior and functioning. Combined with this, school counselors can also provide outpatient information to foster families and case workers about local resources and services available to students in foster care. In these cases, it is helpful to collaborate with the designated outpatient counselor to provide the most effective support and generalize learned skills across settings (Landsverk et al., 2009).
Conclusion
Students in foster care experience a number of barriers and challenges that influence their success in school, both academically and socially, as well as in adulthood. In addition, students in foster care lack the same access to resources and support as their peers, which contributes to gaps in academic achievement, relational success, and overall well-being. By enhancing school climate, planning, providing training to stakeholders, and promoting positive educational experiences, students in foster care can receive the foundational support they need to begin learning. Additionally, by utilizing group counseling, implementing mentorship programs, targeting specific behavior, addressing experiences of grief and loss, and accessing community resources, students in foster care can gain the skills they need to be successful in all areas. Despite the many challenges students in foster care face, school counselors have the opportunity to utilize their unique position in their schools and communities to advocate for these students, reach them through evidence-based interventions, remove barriers to learning, and ultimately equip them with the tools and skills they need to experience greater success.

Conflict of Interest and Funding Disclosure
The authors reported no conflict of interest
or funding contributions for the development
of this manuscript.
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Hannah Brinser is a master's candidate at Gonzaga University. Addy Wissel, PhD, is an associate professor and program director at Gonzaga University. Correspondence may be addressed to Hannah Brinser, 502 E. Boone Ave., Spokane, WA 99258, hannahbrinser@gmail.com.

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Serving Students in Foster Care: Implications and Interventions for School Counselors

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Students in foster care frequently experience barriers that influence their personal, social, and academic success. These challenges may include trauma, abuse, neglect, and loss-all of which influence a student's ability to be successful in school. Combined with these experiences, students in foster care lack the same access to resources and support as their peers.

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Expansion of FASFA for children in foster care

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Expansion of FASFA for children in foster care

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The Consolidated Appropriations Act, 2021 removes paperwork and requirement barriers for foster children and provides special financial aid for students considered to be former foster youth seeking higher education.

Citation: H.R. 133 (116th): Consolidated Appropriations Act of 2021

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U.S. Department of Education: Resources for students in Foster Care

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U.S. Department of Education: Resources for students in Foster Care

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In the U.S. today, approximately 400,000 children and youth are in foster care at any given time and each year about 20,000 of these students emancipate (i.e., age out) of foster care. A positive PK-12 education experience has the potential to be a powerful counterweight to the abuse, neglect, separation, impermanence and other barriers these vulnerable students experience. Additionally, participation in and persistence to a postsecondary credential can enhance their well-being, help them make more successful transitions to adulthood, and increase their chances for personal fulfillment and economic self-sufficiency.

National research shows that children in foster care are at high-risk of dropping out of school and are unlikely to attend or graduate from college. A coordinated effort by education agencies and child welfare agencies is necessary to improve the educational outcomes for students in foster care. Fortunately, the last few years have seen important policy, practice, and advocacy advances that address the education barriers and supports needed for these vulnerable students. Links to information about some of these advances can be found below:

Foster Care Transition Toolkit [ PDF, 1M]

The U.S. Department of Education, in partnership with the U.S. Department of Health and Human Services, the U.S. Department of Housing and Urban Development, the U.S. Department of Transportation, and the U.S. Department of Labor, as well as foster youth and practitioners, developed this Foster Care Transition Toolkit to inspire and support current and former foster youth pursuing college and career opportunities. The toolkit includes tips and resources intended to help foster youth access and navigate social, emotional, educational and skills barriers as they transition into adulthood.

On June 23, 2016, the U.S. Department of Education and the U.S. Department of Health and Human Services released joint guidance to states, school districts and child welfare agencies on the new provisions in the Every Student Succeeds Act (ESSA) for supporting children in foster care. The guidance aims to assist state and local partners in understanding and implementing the new law, and to inform state and local collaboration between educational and child welfare agencies across the nation for the well-being of children in foster care. Of the approximately 400,000 children and youth in foster care, nearly 270,000 children in foster care are school-aged. Data show that foster youth are more likely than their peers to experience a host of barriers that lead to troubling outcomes, including low academic achievement, grade retention and lower high school graduation rates. Children in foster care often face steep challenges to school success, including high rates of mobility. The new protections for children in foster care under ESSA will apply to all children in foster care enrolled in public schools. This joint guidance builds upon a new focus in ESSA on the unique needs of foster youth and will equip local partners with an essential tool for implementing the new foster care provisions in ESSA successfully by December 10, 2016.

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at risk persons; high risk students; foster care

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In the U.S. today, approximately 400,000 children and youth are in foster care at any given time and each year about 20,000 of these students emancipate (i.e., age out) of foster care. A positive PK-12 education experience has the potential to be a powerful counterweight to the abuse, neglect, separation, impermanence and other barriers these vulnerable students experience.

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Texas must give equal rights to children in foster care.

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Texas must give equal rights to children in foster care.

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This court case concluded that the state of Texas violated the Fourteenth Amendment rights of foster students by failing to give them the right to the most appropriate care, treatment, and services to include equity of education.

Citation: M.D., bnf Stukenberg, et al., v. Greg Abbott, et al.

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On March 29, 2011, Children’s Rights, a national advocacy group from New York City, filed suit against the Governor of Texas, the Texas Health and Human Services Commission, and DFPS in federal court alleging constitutional claims. The case is currently before Judge Janice Graham Jack of the Corpus Christi Division in the United States District Court, Southern District of Texas.

It is a class-action lawsuit concerning substantive due process claims for approximately 12,000 children in the Permanent Managing Conservatorship (PMC) of DFPS. After the Fifth Circuit Court of Appeals struck two other sub-classes, there is one sub-class concerning oversight of licensed foster care placements.

There was a trial on the merits in December 2014. The court issued a memorandum opinion on December 17, 2015, finding for Children’s Rights on all counts except one sub-class. The court appointed two special masters who began their work on April 1, 2016 and filed their recommendations with the court on November 4, 2016. The Special Master’s Implementation Plan was filed with the court on December 4, 2017.

On January 19, 2018, the district court entered a Final Order including an injunction against Texas. Texas immediately appealed and was granted a temporary administrative stay by the United States Fifth Circuit of Appeals. The Fifth Circuit issued an opinion on October 18, 2018 upholding some provisions and modifying others. The District Court modified its final injunction on November 20, 2018. Upon appeal, the Fifth Circuit issued an opinion on July 8, 2019 which upheld and overturned parts of the district court’s final injunction.

The final injunction went into effect when the stay was lifted in July 2019. A court-appointed monitoring team is assessing compliance with the provisions of the final injunction.

Texas continues to improve foster care, regardless of the lawsuit.

Foster Care Litigation Reports

January 26, 2022 - Foster Care Litigation Compliance Status Report

September 14, 2021 - Child Without Placement Report

Court Orders & Opinions

December 18, 2020 - Contempt Order of the District Court following the hearing held on September 3 and 4, 2020.

December 7, 2020 - Order of the District Court granted order to modify order regarding Heightened Monitoring.

October 16, 2020 - Opinion of the 5th Circuit regarding DFPS’ limited appeal.

August 31, 2020 - Order of the District Court granting defendants motion to modify.

March 18, 2020 - Order of the District Court relating to Heightened Monitoring.

November 7, 2019 - Order of the District Court following the hearing held on November 5, 2019.

July 8, 2019 - Opinion of the 5th Circuit Court of Appeals regarding the district court’s Modified Final Order.

November 20, 2018 - Modified Final Order rendered by the district court pursuant to the October 2018 Opinion of the 5th Circuit Court of Appeals.

October 18, 2018 - Opinion rendered by the 5th Circuit Court of Appeals regarding the district court’s Final Order.

Jan. 19, 2018 - Final Order rendered by the district court.

Dec. 17, 2015 - Memorandum Opinion and Verdict issued by the federal district court after December 2014 jury trial.

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Texas Department of Family and Protective Services (DFPS)

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DFPS protects the unprotected - children, elderly, and people with disabilities - from abuse, neglect, and exploitation.

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Personal Connection to Legal & Ethical Standards

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Personal Connection to Legal & Ethical Standards

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The sources of this padlet help me understand the application of Foster Care education laws. This is important to me for two reasons. First, my parents are foster parents in the state of New Mexico. I grew up with kids in 'the system' and saw first-hand the repercussions of educational inequality in their lives. Second, I am a school counselor and recognize the struggle in the lives of my students who are in foster care. I want to find ways support them.

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My educational goal of earning a master's degree in Professional School Counseling has been paved by a passion to help and support students and educators. I feel excited that the law wants to do the same thing and frustrated that it doesn't always work out as intended. Hope and optimism are also felt as I look ahead to the future in anticipation of new legislation and policy that will bring more equity and support for all students.

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1. Build Relationships with students in foster care and their foster parents: provide information, communicate regularly, and follow-up.

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1. Build Relationships with students in foster care and their foster parents: provide information, communicate regularly, and follow-up.

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2. Be aware that the foster care system in Texas is not perfect. School counselors can be a protective factor and caring adult who can advocate for students in the foster care system.

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2. Be aware that the foster care system in Texas is not perfect. School counselors can be a protective factor and caring adult who can advocate for students in the foster care system.

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3. Create a positive school culture of support, acceptance, and empathy, and kindness. Emphasize cohesive shared values and behavior expectations throughout the entire school. 

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3. Create a positive school culture of support, acceptance, and empathy, and kindness. Emphasize cohesive shared values and behavior expectations throughout the entire school. 

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4. Collaborate with other professionals on the school campus, in the district, in the community, and in the nation. School counselors should work with educators, social workers, administrators, board members, medical professionals, psychologists, community programs, national programs, and lawmakers.

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4. Collaborate with other professionals on the school campus, in the district, in the community, and in the nation. School counselors should work with educators, social workers, administrators, board members, medical professionals, psychologists, community programs, national programs, and lawmakers.

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5. Provide inclusion and enrichment opportunities through extracurricular activities, leadership opportunities, and educational experiences.

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5. Provide inclusion and enrichment opportunities through extracurricular activities, leadership opportunities, and educational experiences.

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6. Remove barriers by tirelessly maintaining student records. Follow the Uninterrupted Scholar’s Act (S.3472), U.S.D.A. Child Nutrition laws (SP 02-2012), PIEMS/Data Sharing laws (Tx. Ed. Code §7.029), Transition Assistance laws (Tx. Ed. Code §25.007), and Graduation Requirement laws (Tx. Ed. Code §28.025).

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6. Remove barriers by tirelessly maintaining student records. Follow the Uninterrupted Scholar’s Act (S.3472), U.S.D.A. Child Nutrition laws (SP 02-2012), PIEMS/Data Sharing laws (Tx. Ed. Code §7.029), Transition Assistance laws (Tx. Ed. Code §25.007), and Graduation Requirement laws (Tx. Ed. Code §28.025).

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7. Training Times Two. School counselors can provide school employees and educators trainings that will help them manage and support foster children successfully. School counselors should seek continuing education to seek new strategies, ideas, and laws that will help them be effective helpers.

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7. Training Times Two. School counselors can provide school employees and educators trainings that will help them manage and support foster children successfully. School counselors should seek continuing education to seek new strategies, ideas, and laws that will help them be effective helpers.

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8. Use a strengths-based approach in counseling to empower students in foster care. Teach them behavior management, emotional regulation, grief/loss, and social skills.

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8. Use a strengths-based approach in counseling to empower students in foster care. Teach them behavior management, emotional regulation, grief/loss, and social skills.

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* Foster children are severely underserved in mental health support.
* Foster children have significant development, emotional, and behavior problems as compared to other children.
* New guidelines for menthal health screening are recommended.
* Research shows improved status for foster children with empowering supporters. Examples: foster parents, biological relatives, school staff, extracurricular leaders, and school counselors.

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* The Family First Prevention Services Act of 2018 requires the foster care system to be overhauled.
* This act changes the financing of the Social Security Act to provide services to families in order to prevent their children from entering the foster care system.
* It also gives incentives to states who reduce putting children in group foster care organizations.
* Experts worry that the new bill will place burdens on kinship care takers like grandparents.
* Experts also worry that the new bill will leave children in unsafe homes.
* School counselors need to be aware of the laws that oversee the foster care system so they can offer extra support to students and familes who are affected by it.