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URGENT – AP U. S. HISTORY FRAMEWORK TIED TO COMMON CORE — ILLEGAL IN TEXAS

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The AP U. S. History (APUSH) Framework as explained in the four links below should give all of us in Texas (as well as all Americans) real cause for alarm.  Larry Krieger is a retired APUSH teacher who currently teaches test-preparation courses, Larry is an expert on all aspects of this issue. He would be happy to talk to anyone who has questions. Jane Robbins of the American Principles Project has indicated that she would be available to help, too. 

 

[JANE ROBBINS (JROBBINS@AMERICANPRINCIPLESPROJECT.ORG)]

 

The APUSH is set to hit our Texas public schools this fall. The time is very short to take action.  Below the links, I have included excerpts from the Texas Education Code.

 

 I have gone through the Texas Education Code (TEC), Title 2, Subtitle F, Ch. 28, Subchapter A, Sec. 28.001. From what I have found, there is nothing in the TEC that says students who take Advanced Placement are exempt from the mandates of the TEKS.  On the other hand, it clearly states all Texas public school students (K-12) are to be held accountable to the Texas Essential Knowledge and Skills as stated below:

 

Sec. 28.001.  PURPOSE.  It is the intent of the legislature that the essential knowledge and skills developed by the http://www.statutes.legis.state.tx.us/Images/verity_arrow_left.gifState Board of Educationhttp://www.statutes.legis.state.tx.us/Images/verity_arrow_right.gif under this subchapter shall require all students to demonstrate the knowledge and skills necessary to read, write, compute, problem solve, think critically, apply technology, and communicate across all subject areas.  The essential knowledge and skills shall also prepare and enable all students to continue to learn in postsecondary educational, training, or employment settings.

 

 

(b)  The http://www.statutes.legis.state.tx.us/Images/verity_arrow_left.gifState Board of Educationhttp://www.statutes.legis.state.tx.us/Images/verity_arrow_right.gif 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.

 

Therefore, I see nothing in the TEC (unless I missed it) that would free AP U. S. History students from being held accountable to the SBOE-approved TEKS.  In fact, I believe a good case could be made that the College Board’s new AP U. S. History Framework (produced by David Coleman as president of The College Board who has clearly said that all AP products will align with the Common Core) is illegal in Texas.

 

(Further on down the page, I have added a few more excerpts from the TEC that apply to the AP; but I see nothing in the excerpts that would exempt AP students from the accountability of the TEKS.)  

 

Donna Garner

Wgarner1@hot.rr.com

 

 

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As a retired APUSH teacher who currently teaches test-preparation courses, Larry is an expert on all aspects of this issue. He would be happy to talk to anyone who has questions (as would I). 

 

http://news.heartland.org/newspaper-article/2014/03/26/new-advanced-placement-framework-distorts-americas-history

 

http://news.heartland.org/newspaper-article/2014/04/09/yes-new-ap-framework-does-distort-us-history

 

http://www.breitbart.com/Big-Government/2014/05/28/The-College-Boards-Attack-on-American-History

 

http://news.heartland.org/newspaper-article/2014/05/05/new-ap-us-history-exam-providing-opportunities-indoctrination

 

 

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http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=ED%2fED.28&Phrases=%22STATE+BOARD+OF+EDUCATION%22&HighlightType=1&ExactPhrase=True&QueryText=%22STATE+BOARD+OF+EDUCATION%22

 

EDUCATION CODE

 

TITLE 2. PUBLIC EDUCATION

 

SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES

 

CHAPTER 28. COURSES OF STUDY;  ADVANCEMENT

 

SUBCHAPTER A. ESSENTIAL KNOWLEDGE AND SKILLS;  CURRICULUM

 

Sec. 28.001.  PURPOSE.  It is the intent of the legislature that the essential knowledge and skills developed by the http://www.statutes.legis.state.tx.us/Images/verity_arrow_left.gifState Board of Educationhttp://www.statutes.legis.state.tx.us/Images/verity_arrow_right.gif under this subchapter shall require all students to demonstrate the knowledge and skills necessary to read, write, compute, problem solve, think critically, apply technology, and communicate across all subject areas.  The essential knowledge and skills shall also prepare and enable all students to continue to learn in postsecondary educational, training, or employment settings.

 

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

 

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(b)  The http://www.statutes.legis.state.tx.us/Images/verity_arrow_left.gifState Board of Educationhttp://www.statutes.legis.state.tx.us/Images/verity_arrow_right.gif 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 http://www.statutes.legis.state.tx.us/Images/verity_arrow_left.gifState Board of Educationhttp://www.statutes.legis.state.tx.us/Images/verity_arrow_right.gif 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 http://www.statutes.legis.state.tx.us/Images/verity_arrow_left.gifState Board of Educationhttp://www.statutes.legis.state.tx.us/Images/verity_arrow_right.gif, 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.

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(h) The http://www.statutes.legis.state.tx.us/Images/verity_arrow_left.gifState Board of Educationhttp://www.statutes.legis.state.tx.us/Images/verity_arrow_right.gif and each school district shall foster the continuation of the tradition of teaching United States and Texas history and the free enterprise system in regular subject matter and in reading courses and in the adoption of instructional materials. A primary purpose of the public school curriculum is to prepare thoughtful, active citizens who understand the importance of patriotism and can function productively in a free enterprise society with appreciation for the basic democratic values of our state and national heritage.

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Sec. 28.009.  COLLEGE CREDIT PROGRAM.  (a)  Each school district shall implement a program under which students may earn the equivalent of at least 12 semester credit hours of college credit in high school. On request, a public institution of higher education in this state shall assist a school district in developing and implementing the program. The college credit may be earned through:

(1)  international baccalaureate, advanced placement, or dual credit courses;

(2)  articulated postsecondary courses provided for local credit or articulated postsecondary advanced technical credit courses provided for state credit; or

(3)  any combination of the courses described by Subdivisions (1) and (2).

(a-1)  A program implemented under this section may provide a student the opportunity to earn credit for a course or activity, including an apprenticeship or training hours:

(1)  that:

(A)  satisfies a requirement necessary to obtain an industry-recognized credential or certificate or an associate degree; and

(B)  is approved by the Texas Higher Education Coordinating Board; and

(2)  for which a student may earn credit concurrently toward both the student’s high school diploma and postsecondary academic requirements.

(a-2)  A school district is not required to pay a student’s tuition or other associated costs for taking a course under this section.

(b)  The agency shall coordinate with the Texas Higher Education Coordinating Board as necessary in administering this section.  The commissioner may adopt rules as necessary concerning the duties under this section of a school district.  The Texas Higher Education Coordinating Board may adopt rules as necessary concerning the duties under this section of a public institution of higher education.

(c)  The commissioner and the Texas Higher Education Coordinating Board shall share data as necessary to enable school districts to comply with this subsection. Each school district shall annually report to the agency:

(1)  the number of district students, including career and technical students, who have participated in the program and earned college credit; and

(2)  the cumulative number of courses in which participating district students have enrolled and college credit hours the students have earned.

(c-1)  The Texas Higher Education Coordinating Board shall collect student course credit data from public institutions of higher education as necessary for purposes of Subsection (c).

(d)  In this section:

(1)  “Career and technical student” means:

(A)  a secondary education student who has entered the first course in a sequence of two or more technical courses for three or more credits in a career and technical education program; or

(B)  a student who:

(i)  is enrolled in an academic or workforce course that is part of a sequence of courses leading to an industry-recognized credential, certificate, or degree; and

(ii)  has declared that sequence of courses as the student’s major course of study.

(2)  “Sequence of courses” means career and technical education courses approved by the http://www.statutes.legis.state.tx.us/Images/verity_arrow_left.gifState Board of Educationhttp://www.statutes.legis.state.tx.us/Images/verity_arrow_right.gif, innovative courses approved by the http://www.statutes.legis.state.tx.us/Images/verity_arrow_left.gifState Board of Educationhttp://www.statutes.legis.state.tx.us/Images/verity_arrow_right.gif that are provided for local credit, or a tech-prep program of study under Section 61.852.

 

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 5.01, eff. May 31, 2006.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 763 (H.B. 3485), Sec. 2, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 15, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 369 (S.B. 149), Sec. 1, eff. June 17, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 369 (S.B. 149), Sec. 2, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 369 (S.B. 149), Sec. 3, eff. September 1, 2013.

Acts 2011, 82nd Leg., R.S., Ch. 369 (S.B. 149), Sec. 4, eff. September 1, 2013.

Acts 2011, 82nd Leg., R.S., Ch. 1104 (S.B. 1619), Sec. 1, eff. June 17, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 213 (H.B. 842), Sec. 1, eff. June 10, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 424 (S.B. 435), Sec. 1, eff. June 14, 2013.

 

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Sec. 28.023.  CREDIT BY EXAMINATION.  (a)  Using guidelines established by the http://www.statutes.legis.state.tx.us/Images/verity_arrow_left.gifState Board of Educationhttp://www.statutes.legis.state.tx.us/Images/verity_arrow_right.gif, a school district shall develop or select for review by the district board of trustees examinations for acceleration for each primary school grade level and for credit for secondary school academic subjects.  The guidelines must provide for the examinations to thoroughly test comprehension of the information presented in the applicable grade level or subject.  The board of trustees shall approve for each subject, to the extent available, at least four examinations that satisfy http://www.statutes.legis.state.tx.us/Images/verity_arrow_left.gifState Board of Educationhttp://www.statutes.legis.state.tx.us/Images/verity_arrow_right.gifguidelines.  The examinations approved by the board of trustees must include:

(1)  advanced placement examinations developed by the College Board; and

(2)  examinations administered through the College-Level Examination Program.

(b)  A school district shall give a student in a primary grade level credit for a grade level and advance the student one grade level on the basis of an examination for acceleration approved by the board of trustees under Subsection (a) if:

(1)  the student scores in the 80th percentile or above on each section of the examination;

(2)  a district representative recommends that the student be advanced; and

(3)  the student’s parent or guardian gives written approval of the advancement.

(c)  A school district shall give a student in grade level six or above credit for a subject on the basis of an examination for credit in the subject approved by the board of trustees under Subsection (a) if the student scores in the 80th percentile or above on the examination or if the student achieves a score as provided by Subsection (c-1). If a student is given credit in a subject on the basis of an examination, the district shall enter the examination score on the student’s transcript and the student is not required to take an end-of-course assessment instrument adopted under Section 39.023(c) for that subject.

(c-1)  A school district shall give a student in grade level six or above credit for a subject if the student scores:

(1)  a three or higher on an advanced placement examination approved by the board of trustees under Subsection (a) and developed by the College Board; or

(2)  a scaled score of 60 or higher on an examination approved by the board of trustees under Subsection (a) and administered through the College-Level Examination Program.

(d)  Each district shall administer each examination approved by the board of trustees under Subsection (a) not fewer than four times each year, at times to be determined by the http://www.statutes.legis.state.tx.us/Images/verity_arrow_left.gifState Board of Educationhttp://www.statutes.legis.state.tx.us/Images/verity_arrow_right.gif.

(e)  Subsection (d) does not apply to an examination that has an administration date that is established by an entity other than the school district.

(f)  A student may not attempt more than two times to receive credit for a particular subject on the basis of an examination for credit in that subject.

(g)  If a student fails to achieve the designated score described by Subsection (c) or (c-1) on an applicable examination described by Subsection (c) or (c-1) for a subject before the beginning of the school year in which the student would ordinarily be required to enroll in a course in that subject in accordance with the school district’s prescribed course sequence, the student must satisfactorily complete the course to receive credit for the course.

 

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

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1029 (H.B. 2694), Sec. 2, eff. June 14, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 1203 (S.B. 1365), Sec. 2, eff. June 14, 2013.

 

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SUBCHAPTER C. ADVANCED PLACEMENT INCENTIVES

 

Sec. 28.051.  DEFINITIONS.  In this subchapter:

(1)  “Board” means the http://www.statutes.legis.state.tx.us/Images/verity_arrow_left.gifState Board of Educationhttp://www.statutes.legis.state.tx.us/Images/verity_arrow_right.gif.

(2)  “College advanced placement course” means a board-approved high-school-level preparatory course for a college advanced placement test that incorporates all topics specified by the college board on its standard syllabus for a given subject area.

(3)  “College advanced placement test” means the advanced placement test administered by the College Board and Educational Testing Service.

(4)  “College board” means the College Board and Educational Testing Service.

(5)  “International baccalaureate course” means a high-school-level preparatory course for an international baccalaureate examination that incorporates each topic specified by the International Baccalaureate Organization on its standard syllabus for a particular subject area.

(6)  “International baccalaureate examination” means the international baccalaureate examination administered by the International Baccalaureate Organization.

(7)  “Program” means the Texas Advanced Placement Incentive Program.

 

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

 

 

Sec. 28.052.  PROGRAM;  PURPOSE.  (a)  The purpose of the Texas Advanced Placement Incentive Program is to recognize and reward those students, teachers, and schools that demonstrate success in achieving the state’s educational goals.

(b)  Awards and subsidies granted under the program are for the public purpose of promoting an educated citizenry.

 

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

 

 

Sec. 28.053.  TYPES OF AWARDS.  (a)  A school participating in the program may be awarded:

(1)  a one-time $3,000 equipment grant for providing a college advanced placement course or international baccalaureate course to be paid to a school based on need as determined by the commissioner;  and

(2)  $100 for each student who scores a three or better on a college advanced placement test or four or better on an international baccalaureate examination.

(b)  Funds awarded under Subsection (a) shall be used in the manner determined by the campus team established, by the principal, under Subsection (c).

(c)  The principal of each school participating in the program shall convene, at least annually, a team composed of not more than five members, with not fewer than three teachers, to include at least one teacher participating in the program and at least one teacher who teaches students in preparation for their participation in the program, for the purpose of determining the use of funds awarded under Subsection (a).  Nothing in this section limits the authority of the team to direct expenditure of funds awarded under Subsection (a)(2) for awards to individual teachers participating in the program.

(d)  A teacher participating in the program may be awarded:

(1)  subsidized teacher training, not to exceed $450 for each teacher, for a college advanced placement course or an international baccalaureate course;

(2)  a one-time award of $250 for teaching a college advanced placement course or an international baccalaureate course for the first time;  and

(3)  a share of the teacher bonus pool, which shall be distributed by the teacher’s school in shares proportional to the number of courses taught.

(e)  To be eligible for an award under Subsection (d), a teacher must teach a college advanced placement course or an international baccalaureate course.

(f)  Fifty dollars may be deposited in the teacher bonus pool for each student enrolled in the school that scores a three or better on a college advanced placement test or four or better on an international baccalaureate examination.

(g)  A student receiving a score of three or better on a college advanced placement test or four or better on an international baccalaureate examination may receive reimbursement, not to exceed $65, for the testing fee.  The reimbursement shall be reduced by the amount of any subsidy awarded by the college board or the International Baccalaureate Organization or under Section 28.054.

(h)  The commissioner may enter into agreements with the college board and the International Baccalaureate Organization to pay for all examinations taken by eligible public school students.  An eligible student is a student who:

(1)  takes a college advanced placement or international baccalaureate course at a public school or who is recommended by the student’s principal or teacher to take the test; and

(2)  demonstrates financial need as determined in accordance with guidelines adopted by the board that are consistent with the definition of financial need adopted by the college board or the International Baccalaureate Organization.

(i)  The commissioner shall analyze and adjust, as needed, the sum of and number of awards to ensure that the purpose of the program is realized.

 

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 854, Sec. 1, eff. June 20, 2003.

Amended by:

Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 49.01, eff. September 28, 2011.

 

 

Sec. 28.054.  SUBSIDIES FOR COLLEGE ADVANCED PLACEMENT TEST OR INTERNATIONAL BACCALAUREATE EXAMINATION.  (a)  A student is entitled to a subsidy for a fee paid by the student to take a college advanced placement test or an international baccalaureate examination if the student demonstrates financial need.  The board shall adopt guidelines for determining financial need consistent with the definition of financial need adopted by the college board or the International Baccalaureate Organization.

(b)  To obtain a subsidy under this section, a student must:

(1)  pay the fee for each test or examination for which the student seeks a subsidy; and

(2)  submit to the board through the student’s school counselor a written application on a form prescribed by the commissioner demonstrating financial need and the amount of the fee paid by the student for each test or examination.

(c)  On approval by the board, the agency may pay each eligible applicant an equal amount, not to exceed $25 for each applicant.

 

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

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 21, eff. June 14, 2013.

 

 

Sec. 28.055.  USE OF SCHOOL AWARDS;  APPLICATION.  (a)  A school shall give priority to academic enhancement purposes in using an award received under the program.  The award may not be used for any purpose related to athletics.

(b)  To obtain an award under the program, a school must submit to the board a written application in a form, manner, and time prescribed by the commissioner.

 

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

 

 

Sec. 28.056.  APPLICATION FOR TEACHER AWARDS AND REIMBURSEMENTS.  To obtain an award or reimbursement for training expenses under the program, a teacher must submit to the board a written application in a form, manner, and time prescribed by the commissioner.

 

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

 

 

Sec. 28.057.  FUNDING.  (a)  An award or subsidy granted under this subchapter may be funded by donations, grants, or legislative appropriations.  The commissioner may solicit and receive grants and donations for making awards under this subchapter.  The agency shall account for and distribute the donations, grants, or legislative appropriations.

(b)  The agency shall apply to the program any available funds from its appropriations that may be used for purposes of the program.

(c)  The grant of any award or subsidy under the program is subject to the availability of funds.

 

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

 

Sec. 28.058.  CONFIDENTIALITY.  All information regarding an individual student received by the commissioner under this subchapter from a school district or student is confidential under Chapter 552, Government Code.

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

Donna Garner

wgarner@hot.rr.com

 

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