CLOSING THE GAP

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CLOSING THE GAP

Authorities: 20 United States Code (USC) §§ 1400, 6314, 6315; 34 Code of Federal Regulations (CFR) Part 300; Elementary and Secondary Education Act (ESEA)/Every Student Succeeds Act (ESSA); Texas Education Code (TEC); 19 Texas Administrative Code (TAC) Chapter 89

	FEDERAL AND STATE REQUIREMENTS
	ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (ESEA)
Practice	In 2015, Congress passed the Every Student Succeeds Act, which reauthorizes the ESEA to ensure that every student achieves and replaces the previous version of the law, the No Child Left Behind Act, which was enacted in 2002. Citations: ESEA/ESSA
Practice	A targeted assistance school program must serve participating students identified as eligible for targeted assistance by using methods and instructional strategies to strengthen the academic program of the school through activities, which may include a schoolwide tiered model to prevent and address behavior problems, and early intervening services, coordinated with similar activities and services carried out under the Individuals with Disabilities Education Act (IDEA) Part B. Citations: 20 USC 6315(b)(2)(B)(ii)
Practice	An eligible school operating a schoolwide program must develop a comprehensive plan that includes a description of the strategies that the school will be implementing to address school needs, including a description of how such strategies will address the needs of all students in the school, but particularly the needs of those at risk of not meeting the challenging state academic standards, through activities which may include implementation of a schoolwide tiered model to prevent and address problem behavior, and early intervening services, coordinated with similar activities and services carried out under the IDEA Part B. Citations: 20 USC 6314(b)(7)(A)(iii)(III)
	EARLY INTERVENING SERVICES
Practice	The education of students with disabilities can be made more effective by providing incentives for whole-school approaches, scientifically-based early reading programs, positive behavioral interventions and supports, and early intervening services to reduce the need to label students as disabled in order to address the learning and behavioral needs of such students. Citations: 20 USC 1400(c)(5)(F)
Practice	In implementing coordinated, early intervening services, the local educational agency (LEA) may carry out activities that include: Citations: 300.226(b)
Practice	Professional development, which may be provided by entities other than LEAs, for teachers and other school staff to enable such personnel to deliver scientifically-based academic instruction and behavioral interventions, including scientifically-based literacy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and Citations: 300.226(b)(1)
Practice	Providing educational and behavioral evaluations, services, and supports, including scientifically-based literacy instruction. Citations: 300.226(b)(2)
Practice	The provision of early intervening services does not limit or create a right to a free appropriate public education under the IDEA. Citations: 300.226(c)
Practice	Early intervening services must not delay appropriate evaluation of a student suspected of having a disability. Citations: 300.226(c)
	BILINGUAL EDUCATION PROGRAM
Practice	Each LEA with an enrollment of 20 or more emergent bilingual students, in any language classification in the same grade level, must offer bilingual education or special language programs. Citations: TEC 29.053(c) 89.1203(7)
Practice	Each LEA that is required to offer bilingual education and special language programs must offer the following for emergent bilingual students: Citations: TEC 29.053(d)
Practice	Bilingual education in kindergarten through the elementary grades; Citations: TEC 29.053(d)(1)
Practice	Bilingual education, instruction in English as a second language (ESL), or other transitional language instruction approved by the Texas Education Agency in post-elementary grades through eighth grade; and Citations: TEC 29.053(d)(2)
Practice	Instruction in ESL in grades 9-12. Citations: TEC 29.053(d)(3)
	AFTER-SCHOOL AND SUMMER INTENSIVE MATHEMATICS INSTRUCTION PROGRAMS
Practice	The LEA 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: Citations: TEC 29.088(a)
Practice	Students who are not performing at grade level in mathematics to assist those students in performing at grade level; Citations: TEC 29.088(a)(1)
Practice	Students who are not performing successfully in a mathematics course to assist those students in successfully completing the course; or Citations: TEC 29.088(a)(2)
Practice	Other students as determined by the LEA. Citations: TEC 29.088(a)(3) TEC 29.088(a)(1) TEC 29.088(a)(2)
Practice	Before providing a program of after-school or summer intensive mathematics, the board of trustees of the LEA must adopt a policy for: Citations: TEC 29.088(b)
Practice	Determining student eligibility for participating in the program that: Citations: TEC 29.088(b)(1)
Practice	Prescribes the grade level or course a student must be enrolled in to be eligible; and Citations: TEC 29.088(b)(1)(A)
Practice	Provides for considering teacher recommendations in determining eligibility; Citations: TEC 29.088(b)(1)(B)
Practice	Ensuring that parents of, or persons standing in parental relation to eligible students, are provided notice of the program; Citations: TEC 29.088(b)(2)
Practice	Ensuring that eligible students are encouraged to attend the program; Citations: TEC 29.088(b)(3)
Practice	Ensuring that the program is offered at one or more locations in the LEA that are easily accessible to eligible students; and Citations: TEC 29.088(b)(4)
Practice	Measuring student progress on completion of the program. Citations: TEC 29.088(b)(5)
Practice	After-school and summer intensive mathematics instruction programs provided under this section must be paid for with funds appropriated for that purpose. Citations: TEC 29.088(d) TEC 29.088
	AFTER-SCHOOL AND SUMMER INTENSIVE SCIENCE INSTRUCTION PROGRAMS
Practice	The LEA 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: Citations: TEC 29.090(a)
Practice	Students who are not performing at grade level in science to assist those students in performing at grade level; Citations: TEC 29.090(a)(1)
Practice	Students who are not performing successfully in a science course to assist those students in successfully completing the course; or Citations: TEC 29.090(a)(2)
Practice	Other students as determined by the LEA. Citations: TEC 29.090(a)(3) TEC 29.090(a)(1) TEC 29.090(a)(2)
Practice	Before providing a program of after-school or summer intensive science instruction program, the board of trustees of the LEA must adopt a policy for: Citations: TEC 29.090(b)
Practice	Determining student eligibility for participating in the program that: Citations: TEC 29.090(b)(1)
Practice	Prescribes the grade level or course a student must be enrolled in to be eligible; and Citations: TEC 29.090(b)(1)(A)
Practice	Provides for considering teacher recommendations in determining eligibility; Citations: TEC 29.090(b)(1)(B)
Practice	Ensuring that parents of, or persons standing in parental relation to eligible students, are provided notice of the program; Citations: TEC 29.090(b)(2)
Practice	Ensuring that eligible students are encouraged to attend the program; Citations: TEC 29.090(b)(3)
Practice	Ensuring that the program is offered at one or more locations in the LEA that are easily accessible to eligible students; and Citations: TEC 29.090(b)(4)
Practice	Measuring student progress on completion of the program. Citations: TEC 29.090(b)(5)
Practice	After-school and summer intensive science instruction programs provided under this section must be paid for with funds appropriated for that purpose. Citations: TEC 29.090(d) TEC 29.090
	BASIC SKILLS PROGRAMS FOR HIGH SCHOOL STUDENTS
Practice	The LEA may apply to the commissioner of education for funding of special programs for students in grade 9 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: Citations: TEC 29.086(a)
Practice	The LEA may, with the consent of a student's parent or guardian, assign a student to a basic skills program; and Citations: TEC 29.086(a)
Practice	A basic skills program may not exceed 210 instructional days. Citations: TEC 29.086(a) TEC 29.086
Practice	A basic skills program must: Citations: TEC 29.086
Practice	Emphasize basic skills in areas of the required curriculum; Citations: TEC 29.086(b) TEC 28.002
Practice	Offer students the opportunity to increase credits required for high school graduation under state or LEA policy; Citations: TEC 29.086(b)
Practice	Comply with the minimum levels of student enrollment and standards of student progress established by the commissioner; Citations: TEC 29.086(d)
Practice	Include criteria that permit measurement of student progress; Citations: TEC 29.086(c)
Practice	Annually evaluate the progress of students in the program; and Citations: TEC 29.086(c)(1)
Practice	Submit the results of the evaluation to the commissioner at the end of the school year. Citations: TEC 29.086(c)(2)
	LIFE SKILLS PROGRAM FOR STUDENT PARENTS
Practice	The LEA may provide an integrated program of educational and support services for students who are pregnant or who are parents. Citations: TEC 29.085(a)
Practice	The LEA must solicit recommendations for obtaining community support for the students and their children from organizations for parents of students in the LEA and from other community organizations. Citations: TEC 29.085(c)
Practice	The program must include: Citations: TEC 29.085(b)
Practice	Individual counseling, peer counseling, and self-help programs; Citations: TEC 29.085(b)(1)
Practice	Career counseling and job readiness training; Citations: TEC 29.085(b)(2)
Practice	Day-care for the students' children on the campus or at a day-care facility in close proximity to the campus; Citations: TEC 29.085(b)(3)
Practice	Transportation for children of students to and from the campus or day-care facility; Citations: TEC 29.085(b)(4)
Practice	Transportation for students, as appropriate, to and from the campus or day-care facility; Citations: TEC 29.085(b)(5)
Practice	Instruction related to knowledge and skills in child development, parenting, and home and family living; and Citations: TEC 29.085(b)(6)
Practice	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. Citations: TEC 29.085(b)(7)
Practice	LEAs may operate SHARED SERVICES ARRANGEMENTS for a life skills program for student parents. Citations: TEC 29.085(d)

Last Updated : Mon, May 16, 2022

Name	Last Updated On

IMPORTANT NOTE: Please contact the LEA for most current operating procedures.

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Texas Education Code § 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.

Last Amended: 78th Leg., ch. 1275, Sec. 2(15), eff. Sept. 1, 2003
Entered: Oct. 16, 2007

Texas Education Code § 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.

Last Amended: 79th Leg., ch. 728, Sec. 23.001(14-a), eff. September 1, 2005
Entered: May 16, 2008

Texas Education Code § 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.

Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.031, eff. June 12, 2019
Entered: July 17, 2019

Texas Education Code § 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;

(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;

(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) The State Board of Education, with the direct participation of educators, parents, business and industry representatives, and employers shall by rule identify the essential

knowledge and skills of each subject of the required curriculum that all students should be able to demonstrate and that will be used in evaluating instructional materials

under Chapter 31 and addressed on the assessment instruments required under Subchapter B, Chapter 39. As a condition of accreditation, the board shall require each

district to provide instruction in the essential knowledge and skills at appropriate grade levels and to make available to each high school student in the district an

Algebra II course.

(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.

(c-4) In adopting essential knowledge and skills for English language arts under Subsection (a)(1)(A), the State Board of Education shall specify a list of required vocabulary

and at least one literary work to be taught in each grade level. The vocabulary specified by the board must support the essential knowledge and skills adopted for

other courses offered under the foundation curriculum under Subsection (a)(1).

(c-5) Expired.

(c-6) The State Board of Education may not adopt standards in violation of Section 28.0043.

(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;

(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;

(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;

(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

(h-3) In adopting the essential knowledge and skills for the government component of the social studies curriculum for high school students, the State Board of Education

shall adopt essential knowledge and skills to develop each student's civic knowledge, including:

(1) the role of governmental officials, including:

(A) statewide elected officials;

(B) county officials;

(D) other local governmental officials;

(2) the voting process and election laws of this state;

(3) the eligibility requirements to run for elected office in this state;

(4) Robert's Rules of Order; and

(5) the elected officials who represent the student at each level of government.

(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.

(h-11) In adopting the essential knowledge and skills for the social studies curriculum for each grade level from grade 4 through grade 12, the State Board of Education shall,

as appropriate, adopt essential knowledge and skills that develop each student's understanding of communist regimes and ideologies and include age appropriate

and developmentally appropriate instruction with information on:

(1) the history of and tactics used by communist movements in the United States;

(2) historical events and atrocities attributable to communist regimes, including:

(A) the Cultural Revolution and the Great Leap Forward;

(B) the Holodomor, otherwise known as the Ukrainian Famine;

(D) the Cambodian genocide under Pol Pot and the Khmer Rouge;

(E) the origins and policies of the Communist Party of Cuba;

(F) communist guerrilla movements in Latin America; and

(G) the oppression and suffering experienced by people living under communist regimes, including mass murder, violent land seizures, show trials, concentration camps,

forced labor, poverty, and general economic deterioration;

(3) a comparative analysis of:

(A) the ideologies of communism and totalitarianism contrasted with the United States' founding principles of freedom and democracy; and

(B) collectivist ideologies contrasted with the United States' founding principles of individual rights, merit-based advancement, and free enterprise;

(4) modern threats to the United States and its allies posed by communist regimes and ideologies;

(5) common economic, industrial, and political events that historically precede communist revolutions;

(6) the evolution of communist ideologies from economic, class-based theories into broader cultural movements that divide societies and maintain collective control over

individual rights;

(7) common historical and modern methods used to spread communist ideologies, including:

(A) propaganda;

(B) public shaming tactics;

(D) forced conformity; and

(8) first-person accounts, in the form of in-person, video-recorded, or written testimony, from the victims of communist regimes.

(h-12) In adopting the essential knowledge and skills required under Subsection (h-11), the State Board of Education:

(1) shall adopt and publish standards for the required instruction;

(2) shall seek input from:

(A) victims of communism willing to share their first-person accounts; and

(B) nationally recognized organizations dedicated to commemorating victims of communism; and

(3) may incorporate material from existing educational programs that provide instruction on the topic of communist regimes and ideologies, if the material meets the

standards adopted by the State Board of Education under Subdivision (1).

(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 or open-enrollment charter school 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 or school's physical education

curriculum or through structured activity during a school campus's daily recess. To the extent practicable, a school district or open-enrollment charter school 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 or open-enrollment charter school 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 or school's physical education curriculum.

If a school district or open-enrollment charter school 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 or school 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 or open-enrollment charter school may as an alternative require a

student enrolled in a grade level for which the district or school 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 or open-enrollment charter school 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 shall permit an exemption for a student who participates in a school-related

activity or an activity sponsored by a private league or club 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.

(l-4) In providing a physical education curriculum under Subsection (l), a school employee may not restrict participation in:

(1) recess or other physical activity offered as part of the district's or school's physical education curriculum for a student enrolled in kindergarten or in a grade level

below grade six as a penalty for the student's academic performance or behavior; or

(2) physical activity offered as part of the district's or school's physical education curriculum for a student enrolled in grade level six, seven, or eight as a penalty for the

student's academic performance or behavior.

(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) include information related to adoption, including information about:

(A) the differences between private adoption and foster care;

(B) the process for adopting a child privately or through the state foster care system; and

(3) address relationship skills, including money management, communication skills, and marriage preparation; and

(4) 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;

(3) the information regarding adoption described by Subsection (p)(2); and

(4) 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.

(u) In adopting the essential knowledge and skills for the health curriculum under Subsection (a)(2)(B) for a grade level from kindergarten through grade eight, the State

Board of Education shall adopt essential knowledge and skills that include nutrition instruction based on nutritional guidelines recommended by the Texas Nutrition

Advisory Committee established under Chapter 119B, Health and Safety Code.

(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.

Amended: 89th Leg., R.S., Ch. 5 (S.B. 569), Sec. 3, eff. May 6, 2025.

Entered: December 17, 2025