reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter B. Advancement, Placement, Credit, and Academic Achievement Record › Section 28.02123. Notification of Certain High School Graduation Requirements

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter B. Advancement, Placement, Credit, and Academic Achievement Record › Section 28.0213. Intensive Program of Instruction

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.
(e)  For a student in a special education program under Subchapter A, Chapter 29, who does not perform satisfactorily on an assessment instrument administered under Section 39.023(a), (b), or (c), the student's admission, review, and dismissal committee shall design the program to:
(1)  enable the student to attain a standard of annual growth on the basis of the student's individualized education program;  and
(2)  if applicable, carry out the purposes of Section 28.0211.
Added by Acts 2003, 78th Leg., ch. 1212, 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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter B. Advancement, Placement, Credit, and Academic Achievement Record › Section 28.0214. Finality of Grade

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter B. Advancement, Placement, Credit, and Academic Achievement Record › Section 28.0216. District Grading Policy

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter B. Advancement, Placement, Credit, and Academic Achievement Record › Section 28.022. Notice to Parent of Unsatisfactory Performance

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter B. Advancement, Placement, Credit, and Academic Achievement Record › Section 28.024. Credit for Enrollment in Certain Academies

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter B. Advancement, Placement, Credit, and Academic Achievement Record › Section 28.0251. High School Diploma for Certain Veterans

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter B. Advancement, Placement, Credit, and Academic Achievement Record › Section 28.0252. Computation of High School Grade Point Average

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter B. Advancement, Placement, Credit, and Academic Achievement Record › Section 28.0254. Posthumous High School Diploma for Certain Students

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter B. Advancement, Placement, Credit, and Academic Achievement Record › Section 28.02541. Diploma for Certain Students Who Entered Ninth Grade Before 2011-2012 School Year

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter B. Advancement, Placement, Credit, and Academic Achievement Record › Section 28.0259. School District Reporting Requirements for Students Graduating Based on Individual Graduation Committee Review Process

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter B. Advancement, Placement, Credit, and Academic Achievement Record › Section 28.02591. Texas Higher Education Coordinating Board Reporting Requirements for Students Graduating Based on Individual Graduation Committee Review Process

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter B. Advancement, Placement, Credit, and Academic Achievement Record › Section 28.029. Middle School Advanced Mathematics Program

Sec. 28.029.  MIDDLE SCHOOL ADVANCED MATHEMATICS PROGRAM.  (a) To increase the number of students who complete advanced mathematics courses in high school, each school district and open-enrollment charter school shall develop an advanced mathematics program for middle school students that is designed to enable those students to enroll in Algebra I in eighth grade.
(b)  Under the program, subject to Subsection (c), a school district or open-enrollment charter school shall automatically enroll in an advanced mathematics course each sixth grade student who performed in the top 40 percent on:
(1)  the fifth grade mathematics assessment instrument administered under Section 39.023(a); or
(2)  a local measure that includes the student's fifth grade class ranking or a demonstrated proficiency in the student's fifth grade mathematics coursework.
(c)  The parent or guardian of a student described by Subsection (b) may opt the student out of automatic enrollment under that subsection.
(d)  The commissioner may adopt rules to implement this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 262 (S.B. 2124), Sec. 1, eff. May 27, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter C. Advanced Placement Incentives › Section 28.051. Definitions

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter C. Advanced Placement Incentives › Section 28.052. Program; Purpose

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter C. Advanced Placement Incentives › Section 28.054. Subsidies for College Advanced Placement Test or International Baccalaureate Examination

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter C. Advanced Placement Incentives › Section 28.055. Use of School Awards; Application

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter C. Advanced Placement Incentives › Section 28.056. Application for Teacher Awards and Reimbursements

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter C. Advanced Placement Incentives › Section 28.057. Funding

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter C. Advanced Placement Incentives › Section 28.058. Confidentiality

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.0011. Prohibited Performance Indicator

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.002. Definition

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.003. Eligibility Criteria

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.0032. Providers of Dyslexia Instruction

Sec. 29.0032.  PROVIDERS OF DYSLEXIA INSTRUCTION.  (a)  A provider of dyslexia instruction to students with dyslexia and related disorders:
(1)  must be fully trained in the district's adopted instructional materials for students with dyslexia; and
(2)  is not required to hold a certificate or permit in special education issued under Subchapter B, Chapter 21, unless the provider is employed in a special education position that requires the certification.
(b)  The completion of a literacy achievement academy under Section 21.4552 by an educator who participates in the evaluation or instruction of students with dyslexia and related disorders does not satisfy the requirements of Subsection (a)(1).
Added by Acts 2023, 88th Leg., R.S., Ch. 542 (H.B. 3928), Sec. 3, eff. June 10, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.0041. Information and Consent for Certain Psychological Examinations or Tests

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.0051. Model Form

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.006. Continuing Advisory Committee

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.009. Public Notice Concerning Preschool Programs for Students With Disabilities

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.010. Compliance

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.0111. Beginning of Transition Planning

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.0112. Transition and Employment Guide

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.0113. Driving With Disability Program Information

Sec. 29.0113.  DRIVING WITH DISABILITY PROGRAM INFORMATION.  (a)  Each school district and open-enrollment charter school shall provide information regarding the Texas Driving with Disability Program to:
(1)  students who have a health condition or disability that may impede effective communication with a peace officer and:
(A)  who receive special education services under Subchapter A; or
(B)  who are covered by Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); and
(2)  the parents of students described by Subdivision (1).
(b)  The information described under Subsection (a) shall be provided to each student who is 16 years of age or older and annually until the earlier of the student's:
(1)  graduation from high school; or
(2)  21st birthday.
(c)  The agency shall collaborate with the Department of Public Safety, the Texas Department of Motor Vehicles, and the Governor's Committee on People with Disabilities to develop the information materials to be provided under Subsection (a). The materials:
(1)  must include information regarding a person's option to voluntarily list any health condition or disability that may impede the person's communication with a peace officer on a person's vehicle registration information in accordance with Section 502.061, Transportation Code, or application for an original license under Section 521.142, Transportation Code; and
(2)  may be provided with any transition planning materials provided under this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 970 (S.B. 2304), Sec. 1, eff. June 18, 2023.
See note following this section.