By Erickson, et al. H.B. No. 1064
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of and costs to school districts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 ARTICLE 1. PLANS, RECORDS, AND REPORTS
1-5 SECTION 1.01. Subchapter Z, Chapter 21, Education Code, is
1-6 amended by adding Section 21.938 to read as follows:
1-7 Sec. 21.938. DISTRICT AND CAMPUS PLANNING PROCESS. (a) The
1-8 board of trustees of each school district shall develop a district
1-9 and campus planning process, utilizing the procedures established
1-10 in Sections 21.7532, 21.930, and 21.931 of this code, under which
1-11 the board shall adopt a district and campus plan.
1-12 (b) Each district's plan shall include a current analysis of
1-13 student performance based on the academic excellence indicators
1-14 adopted under Section 21.7531 of this code, campus performance
1-15 objectives established under Section 21.7532 of this code, and
1-16 other measures of student performance the board determines and
1-17 shall include provisions for:
1-18 (1) addressing the needs of district students for
1-19 special programs, such as suicide prevention or dyslexia treatment
1-20 programs;
1-21 (2) requiring the principal of each campus, with the
1-22 assistance of parents and guardians of the school's students, other
1-23 adults in the attendance area, and the professional staff of the
1-24 school, to establish a campus plan consistent with Sections 21.7532
2-1 and 21.931 of this code;
2-2 (3) dropout reduction;
2-3 (4) including technology in instructional and
2-4 administrative programs;
2-5 (5) discipline management;
2-6 (6) staff development for professional staff of the
2-7 district;
2-8 (7) career education to assist students in developing
2-9 the knowledge, skills, and competence necessary for a broad range
2-10 of career opportunities;
2-11 (8) compensatory and remedial education as required by
2-12 Section 21.557 of this code; and
2-13 (9) other information the board considers useful.
2-14 (c) In the district and campus plan or in another manner
2-15 permitted by federal law, the board shall address any federal
2-16 planning requirements.
2-17 (d) A district or campus plan is not filed with the Central
2-18 Education Agency, but the agency may review a plan on the agency's
2-19 request.
2-20 SECTION 1.02. Section 12.65(f), Education Code, is amended
2-21 to read as follows:
2-22 (f) Covers of all books shall be removed before reissue, and
2-23 the pupils to whom the books are issued shall replace the covers
2-24 <under direction of the teacher>.
2-25 SECTION 1.03. Section 12.67(a), Education Code, is amended
2-26 to read as follows:
2-27 (a) If a school district employee enters into a business
3-1 relationship, employment contract, or other transaction with a
3-2 textbook publisher doing business, or with the potential of doing
3-3 business, with the state or a school district in the state and the
3-4 transaction directly or indirectly results in remuneration to the
3-5 employee, the transaction must be registered with the
3-6 superintendent of the school district <and with the commissioner of
3-7 education>.
3-8 SECTION 1.04. Section 21.258(a), Education Code, is amended
3-9 to read as follows:
3-10 (a) Each board of trustees shall publish an annual report
3-11 describing the district's educational performance that includes
3-12 campus performance objectives established under Section 21.7532 of
3-13 this code and the progress of each campus toward those objectives,
3-14 which shall be available to the public <and filed with the State
3-15 Board of Education>. The board shall hold a hearing for public
3-16 discussion of the report. The board shall notify property owners
3-17 and parents in the district of the hearing. The board may combine
3-18 the notice with the notice of a public hearing on a proposed tax
3-19 increase required under Section 26.06, Tax Code. After the hearing
3-20 the report shall be widely disseminated within the district in a
3-21 manner to be determined by the district.
3-22 SECTION 1.05. Section 21.601, Education Code, is amended to
3-23 read as follows:
3-24 Sec. 21.601. Establishment. <(a)> Each school district may
3-25 establish a school-community guidance center designed to locate and
3-26 assist children with problems which interfere with their education,
3-27 including but not limited to juvenile offenders and children with
4-1 severe behavioral problems or character disorders. The centers
4-2 shall coordinate the efforts of school district personnel, local
4-3 police departments, truant officers, and probation officers in
4-4 working with students, dropouts, and parents in identifying and
4-5 correcting factors which adversely affect the education of the
4-6 children.
4-7 <(b) With the approval of the commissioner of education,
4-8 school districts with an average daily attendance of less than
4-9 6,000 students may cooperate with other districts for the purpose
4-10 of establishing a common center.>
4-11 SECTION 1.06. Section 21.701, Education Code, is amended to
4-12 read as follows:
4-13 Sec. 21.701. Adoption and Approval of Programs. Each school
4-14 district shall adopt and implement a discipline management program
4-15 to be included in the district plan under Section 21.938 of this
4-16 code. <Before implementation, the proposed program must be
4-17 submitted to the Central Education Agency, which shall review and
4-18 approve or reject the program.>
4-19 SECTION 1.07. Section 21.702, Education Code, is amended to
4-20 read as follows:
4-21 Sec. 21.702. Content of Approved Programs. A <To be
4-22 approved, a> discipline management program must:
4-23 (1) encourage the commitment, cooperation, and
4-24 involvement of school district administrators, teachers, parents,
4-25 and students in the development of the program;
4-26 (2) encourage the use of the regional education
4-27 service center to assist in developing the program and providing
5-1 training to teachers and administrators;
5-2 (3) require the designation of a person in each school
5-3 with special training in discipline management to implement and
5-4 assess the program in that school and to identify and refer
5-5 appropriate students to school-community guidance programs;
5-6 (4) require the development of a student code of
5-7 conduct that clearly describes the district's expectations with
5-8 respect to student conduct, including provisions similar to the
5-9 Attorney General's Proposed Voluntary Student Code of Conduct of
5-10 1980, and specifies the consequences of violating the code;
5-11 (5) specifically outline the responsibilities of
5-12 teachers, administrators, parents, and students in the discipline
5-13 management program; and
5-14 (6) make parental involvement an integral part of the
5-15 discipline management program, requiring:
5-16 (A) one or more conferences during each school
5-17 year between a teacher and the parents of a student if the student
5-18 is not maintaining passing grades or achieving the expected level
5-19 of performance or presents some other problem to the teacher or in
5-20 any other case the teacher considers necessary;
5-21 (B) parent training workshops for home
5-22 reinforcement of study skills and specific curriculum objectives
5-23 conducted for parents who want to participate and based on interest
5-24 indicated by parents in the community; and
5-25 (C) a written statement signed by each parent
5-26 that the parent understands and consents to the responsibilities
5-27 outlined in the discipline management program.
6-1 SECTION 1.08. Section 21.926, Education Code, is amended to
6-2 read as follows:
6-3 Sec. 21.926. Information to be Posted. (a) For the benefit
6-4 of parents of school age children, each school in a district shall
6-5 post in a conspicuous location in the main administration building
6-6 accessible to the general public<:>
6-7 <(1) a map of the school's attendance area; and>
6-8 <(2) a notice that includes:>
6-9 <(A) the aggregate results by grade level for
6-10 the state and for each campus in the district of assessment
6-11 instruments administered under Section 21.551 of this code for each
6-12 of the preceding three school years and, for each high school, the
6-13 aggregate results by grade level of the most recent administration
6-14 of any norm-referenced assessment instrument, including the
6-15 Scholastic Aptitude Test and American College Testing Program
6-16 assessment instruments;>
6-17 <(B) the total enrollment at each campus in the
6-18 district for each of the four most recent school years;>
6-19 <(C) the ratio of classroom teachers to students
6-20 at each campus in the district;>
6-21 <(D) a statement that copies of the notice and
6-22 of a map of the school's attendance area are available in the
6-23 school's main office; and>
6-24 <(E)> a statement that the district's annual
6-25 performance report is available in the school library.
6-26 (b) <The assessment instrument results posted under
6-27 Subsection (a)(2)(A) of this section must be presented in the form
7-1 of appropriate, nontechnical interpretations in terms
7-2 understandable to the general public.>
7-3 <(c) The board of trustees of the district may prescribe the
7-4 format of the notice required by Subsection (a)(2) of this section.>
7-5 <(d)> Each school shall have available in its main office
7-6 copies of:
7-7 (1) the notice <and map> required to be posted under
7-8 Subsection (a) of this section; and
7-9 (2) a map of the school's attendance area.
7-10 (c) <(e)> Each school shall have available in its library a
7-11 copy of:
7-12 (1) the annual performance report for the district
7-13 required by Section 21.258 of this code; and
7-14 (2) the district and campus plan required by Section
7-15 21.938 of this code.
7-16 <(f) Each district shall have available in its
7-17 administration building the information required to be posted by
7-18 Subsection (a) of this section for each school in the district.>
7-19 SECTION 1.09. The following sections of the Education Code
7-20 are repealed: 11.203, 11.205(b) and (c), 11.2051, 12.67(c),
7-21 14.065, 21.034, 21.1111(d), 21.253, 21.301(o), 21.557(d), 21.654,
7-22 and 21.909(d).
7-23 ARTICLE 2. TEACHERS
7-24 SECTION 2.01. Section 13.037(c), Education Code, is amended
7-25 to read as follows:
7-26 (c) The Central Education Agency shall collect and maintain
7-27 <teacher performance data from each district's implementation of
8-1 the statewide appraisal system and shall collect and maintain> data
8-2 from state-mandated tests required for entry to and exit from
8-3 teacher education programs. The Central Education Agency shall
8-4 provide probationary teacher performance data on a regular basis to
8-5 the respective institutions of higher education and to the Texas
8-6 Higher Education Coordinating Board<, Texas College and University
8-7 System>.
8-8 SECTION 2.02. Section 13.103, Education Code, is amended to
8-9 read as follows:
8-10 Sec. 13.103. Probationary Contract: Termination. The board
8-11 of trustees of any school district may terminate the employment of
8-12 any teacher holding a probationary contract at the end of the
8-13 contract period, if in their judgment the best interests of the
8-14 school district will be served thereby; provided, that notice of
8-15 intention to terminate the employment shall be given by the board
8-16 of trustees to the teacher not later than the 60th day before the
8-17 last day of instruction required <on or before April 1, preceding
8-18 the end of the employment term fixed> in the contract. In event of
8-19 failure to give such notice of intention to terminate within the
8-20 time above specified, the board of trustees shall thereby elect to
8-21 employ such probationary teacher in the same capacity, and under
8-22 probationary contract status for the succeeding school year if the
8-23 teacher has been employed by such district for less than three
8-24 successive school years, or in a continuing contract position if
8-25 such teacher has been employed during three consecutive school
8-26 years.
8-27 SECTION 2.03. The heading to Subchapter E, Chapter 13,
9-1 Education Code, is amended to read as follows:
9-2 SUBCHAPTER E. TEACHER APPRAISAL <CAREER LADDER>
9-3 SECTION 2.04. Sections 13.302(a), (c), and (f), Education
9-4 Code, are amended to read as follows:
9-5 (a) The State Board of Education shall adopt an appraisal
9-6 process and criteria on which to appraise the performance of
9-7 teachers <for career ladder level assignment purposes>. The
9-8 criteria must be based on observable, job-related behavior,
9-9 including teachers' implementation of discipline management
9-10 procedures.
9-11 (c) An <In developing the appraisal process, the board shall
9-12 provide for using not fewer than two appraisers for each appraisal.
9-13 One> appraiser must be the teacher's supervisor or <and one must
9-14 be> a person <as> approved by the board of trustees. An appraiser
9-15 who is a classroom teacher may not appraise the performance of
9-16 another classroom teacher who teaches at the same school campus at
9-17 which the appraiser teaches, unless it is impractical because of
9-18 the number of campuses or unless the appraiser is the chairman of a
9-19 department or grade level whose job description includes classroom
9-20 observation responsibilities. <In a district that uses not more
9-21 than two appraisers per appraisal, the board shall provide for an
9-22 appraisal by a third appraiser from another campus if the
9-23 difference between the appraisals is such that the teacher's
9-24 performance cannot be accurately evaluated.> The board also shall
9-25 provide for a uniform training program and uniform certification
9-26 standards for appraisers to be used throughout the state. The
9-27 board shall include teacher self-appraisal in the process.
10-1 (f) Appraisal for teachers must be detailed by category of
10-2 professional skill and characteristic and must provide for separate
10-3 ratings per category. The appraisal process shall guarantee a
10-4 conference between the teacher and the appraiser <appraisers>, and
10-5 the conference shall be diagnostic and prescriptive with regard to
10-6 remediation as needed in overall summary of performance by category
10-7 <and identify the required performance for advancement to the next
10-8 level>.
10-9 SECTION 2.05. Section 13.303, Education Code, is amended by
10-10 amending Subsections (a) and (c) and adding Subsection (d) to read
10-11 as follows:
10-12 (a) In appraising teachers, each <Each> school district
10-13 shall use:
10-14 (1) the appraisal process and performance criteria
10-15 developed by the board; or
10-16 (2) an appraisal process and performance criteria
10-17 developed by the school district utilizing the procedures
10-18 established in Sections 21.930 and 21.931 of this code and approved
10-19 by the commissioner of education <in appraising teachers for career
10-20 ladder level assignment purposes>.
10-21 (c) Appraisal shall be done at least <not fewer than:>
10-22 <(1) two times during each school year for
10-23 probationary teachers and for teachers on level one of the career
10-24 ladder; and>
10-25 <(2)> once during each school year. A teacher who is
10-26 dissatisfied with the teacher's appraisal is entitled to a second
10-27 appraisal in a school year by a different appraiser <for teachers
11-1 on levels two, three, and four of the career ladder whose
11-2 performance, on the most recent appraisal, was evaluated as
11-3 exceeding expectations or clearly outstanding. The performance of
11-4 a teacher who, because of unusual circumstances, is appraised only
11-5 once in a particular year shall be evaluated for career ladder
11-6 purposes on the basis of a single appraisal>.
11-7 (d) A teacher may be given advance notice of the date or
11-8 time of an appraisal.
11-9 SECTION 2.06. Section 13.304, Education Code, is amended to
11-10 read as follows:
11-11 Sec. 13.304. PERFORMANCE CATEGORIES. In appraisals of
11-12 teacher performance <for career ladder level assignment purposes>,
11-13 performance <shall be evaluated in the same manner and under the
11-14 same criteria regardless of level. Performance> shall be
11-15 evaluated as:
11-16 (1) unsatisfactory (if the teacher's performance is
11-17 clearly not acceptable in some major area);
11-18 (2) below expectations (if the teacher's performance
11-19 needs improvement in some major areas);
11-20 (3) satisfactory (if the teacher's performance meets
11-21 expectations);
11-22 (4) exceeding expectations (if the teacher's
11-23 performance excels in some major areas); or
11-24 (5) clearly outstanding.
11-25 SECTION 2.07. Section 16.052, Education Code, is amended to
11-26 read as follows:
11-27 Sec. 16.052. Operation of Schools; Teacher Preparation and
12-1 Staff Development. (a) Each school district must provide for not
12-2 less than 180 days of instruction for students and not less than
12-3 three days of preparation for teachers for each school year, except
12-4 as provided in Subsection (c) of this section.
12-5 (b) A school district, utilitizing the procedures
12-6 established in Section 21.938, may replace not more than five days
12-7 of instruction with an equal number of days of staff development.
12-8 (c) The staff development authorized by this section must be
12-9 predominantly campus-based, for the purpose of improving student
12-10 achievement, and planned with the involvement of the campus school
12-11 committee established under Section 21.931 of this code. Campus
12-12 staff development may include activities that enable the campus
12-13 staff to plan together, to enhance existing skills, to share
12-14 effective strategies, to reflect on curricular and instructional
12-15 issues, to analyze student achievement results, to reflect on means
12-16 of increasing student achievement, to study research, to practice
12-17 new methods, to identify students' strengths and needs, to develop
12-18 meaningful programs for students, to appropriately implement
12-19 site-based decision making, and to conduct action research. Staff
12-20 development activities may include study teams, individual
12-21 research, peer coaching, workshops, seminars, conferences, and
12-22 other reasonable staff development activities that have the
12-23 potential to improve student achievement. <Each school district
12-24 must provide for not less than 20 hours of staff development
12-25 training under guidelines provided by the commissioner of
12-26 education. The training provided must include technology training
12-27 and must occur during regular hours of required teacher service.
13-1 On the request of a teacher, a school district may credit the
13-2 teacher compensatory time to be applied toward the number of
13-3 training hours required under this subsection for workshops,
13-4 conferences, or other professional training that the teacher has
13-5 attended.>
13-6 (d) <(c)> The commissioner of education may approve the
13-7 operation of schools for less than the number of days of
13-8 instruction, staff development, and teacher preparation otherwise
13-9 required when disasters, floods, extreme weather conditions, fuel
13-10 curtailments, or other calamities have caused the closing of the
13-11 school.
13-12 <(d) Each school district may reserve three hours of the
13-13 first preparation day provided each school year under Subsection
13-14 (a) of this section for faculty staff meetings.>
13-15 SECTION 2.08. Subchapter B, Chapter 16, Education Code, is
13-16 amended by adding Section 16.058 to read as follows:
13-17 Sec. 16.058. SALARY OF TEACHER FORMERLY ON CAREER LADDER.
13-18 (a) Notwithstanding any provision to the contrary, a teacher who
13-19 was assigned to a career ladder level under Subchapter E, Chapter
13-20 13, of this code on August 31, 1993, is entitled to receive for the
13-21 1993-1994 school year and each school year thereafter, as long as
13-22 the teacher is employed by the same district, a minimum salary
13-23 equal to the teacher's base salary plus the teacher's career ladder
13-24 supplement in the 1992-1993 school year.
13-25 (b) In this section, "base salary" means the minimum salary
13-26 prescribed by Sections 16.055 and 16.056 of this code plus any
13-27 amount in excess of the minimum salary that a school district pays
14-1 the teacher.
14-2 SECTION 2.09. Section 16.158, Education Code, is amended to
14-3 read as follows:
14-4 Sec. 16.158. TEACHER COMPENSATION <CAREER LADDER> ALLOTMENT.
14-5 (a) Each district is entitled to an allotment for teacher
14-6 compensation <support of the career ladder> equal to its unadjusted
14-7 average daily attendance multiplied by $90.
14-8 (b) Except as provided by Subsection (d) of this section, an
14-9 <An> allotment under this section may be used only for the purposes
14-10 of paying the salaries of teachers who were entitled to career
14-11 ladder supplements.
14-12 (c) <From the funds designated for that purpose, the
14-13 district shall supplement the salary of each teacher above level
14-14 one on the career ladder. The district shall decide the amount of
14-15 supplement to be provided at each career ladder level.>
14-16 <(d)> Money received under this section may not be used to
14-17 supplement the salary of an employee for directing cocurricular or
14-18 extracurricular activities.
14-19 (d) If an allotment under this section exceeds the amount
14-20 necessary to pay the salaries of teachers who were entitled to
14-21 career ladder supplements as provided by Section 16.058 of this
14-22 code, a district shall use the excess to supplement salaries of
14-23 other teachers.
14-24 SECTION 2.10. Section 16.202, Education Code, is amended to
14-25 read as follows:
14-26 Sec. 16.202. STUDIES. On a biennial basis, the Legislative
14-27 Education Board and the Legislative Budget Board, with the
15-1 assistance of the Educational Economic Policy Center and the
15-2 Central Education Agency, shall complete each of the following
15-3 studies and develop recommended amounts where appropriate for each
15-4 year of the next biennium:
15-5 (1) a study of the fiscal neutrality of the system to
15-6 determine the status of the state and local finance system with
15-7 regard to the policies established under the provisions of Section
15-8 16.001 of this code, including recommendations for adjustments
15-9 necessary to maintain fiscal neutrality;
15-10 (2) the accountable costs per student to school
15-11 districts of providing educational programs, personnel, and other
15-12 operating costs that meet accreditation criteria and the provisions
15-13 of law and regulation;
15-14 (3) program cost differentials designed by program to
15-15 provide support for the added expense of high-cost courses or
15-16 programs for students participating in such courses or programs,
15-17 with the program funding level expressed as dollar amounts and as
15-18 weights applied to the adjusted basic allotment for the appropriate
15-19 year;
15-20 (4) transportation and teacher compensation <career
15-21 ladder> allotments;
15-22 (5) the levels of tax effort necessary for each tier
15-23 of the Foundation School Program necessary to fulfill the
15-24 requirements of Sections 16.001 and 16.008 of this code; and
15-25 (6) capital outlay and debt service requirements and
15-26 formula elements for the requirements of Subchapter I of this
15-27 chapter or other provisions of this chapter.
16-1 SECTION 2.11. Section 16.302(a), Education Code, is amended
16-2 to read as follows:
16-3 (a) Each school district is guaranteed a specified amount
16-4 per weighted student in state and local funds for each cent of tax
16-5 effort over that required for the local fund assignment of the
16-6 county education district in which the school district is located
16-7 up to the maximum level specified in this subchapter. The amount
16-8 of state support, subject only to the maximum amount under Section
16-9 16.303 of this code, is determined by the formula:
16-10 where:
16-11 "GYA" is the guaranteed yield amount of state funds to be
16-12 allocated to the district;
16-13 "GL" is the dollar amount guaranteed level of state and local
16-14 funds per weighted student per cent of tax effort, which is $21.50
16-15 for the 1991-1992 school year, $22.50 for the 1992-1993 school
16-16 year, $26 for the 1993-1994 school year, and $28 for each school
16-17 year thereafter, or a greater amount for any year provided by
16-18 appropriation, or a greater amount adopted by the foundation school
16-19 fund budget committee under Section 16.256(d) of this code for the
16-20 1993-1994 or 1994-1995 school year or thereafter;
16-21 "WADA", except as provided by Section 16.206 of this code, is
16-22 the number of weighted students in average daily attendance, which
16-23 is calculated by dividing the sum of the school district's
16-24 allotments under Subchapters C and D of this chapter, less any
16-25 allotments to the district for transportation, teacher compensation
16-26 <career ladder supplements>, or technology and 50 percent of the
16-27 adjustment under Section 16.102 of this code, by the basic
17-1 allotment for the applicable year;
17-2 "DTR" is the district enrichment and facilities tax rate of
17-3 the school district, which is determined by dividing the total
17-4 amount of taxes collected by the school district for the applicable
17-5 school year by the quotient of the district's taxable value of
17-6 property as determined under Section 11.86 of this code divided by
17-7 100; and
17-8 "LR" is the local revenue, which is determined by multiplying
17-9 "DTR" by the quotient of the district's taxable value of property
17-10 as determined under Section 11.86 of this code divided by 100.
17-11 SECTION 2.12. Section 21.112(e), Education Code, is amended
17-12 to read as follows:
17-13 (e) All new, additional, and continuing vocational programs
17-14 shall offer competency-based instruction. Instruction must be
17-15 based on the essential elements approved by the State Board of
17-16 Education. <A competency profile must be maintained for each
17-17 student enrolled.>
17-18 SECTION 2.13. Section 21.204(a), Education Code, is amended
17-19 to read as follows:
17-20 (a) In the event the board of trustees receives a
17-21 recommendation for nonrenewal, the board, after consideration of
17-22 the written evaluations required by Section 21.202 of this
17-23 subchapter and the reasons for the recommendation, shall, in its
17-24 sole discretion, either reject the recommendation or shall give the
17-25 teacher written notice of the proposed nonrenewal not later than
17-26 the 60th day before the last day of instruction required <on or
17-27 before April 1 preceding the end of the employment term fixed> in
18-1 the contract.
18-2 SECTION 2.14. Section 822.201(b), Government Code, is
18-3 amended to read as follows:
18-4 (b) "Salary and wages" as used in Subsection (a) means:
18-5 (1) normal periodic payments of money for service the
18-6 right to which accrues on a regular basis in proportion to the
18-7 service performed;
18-8 (2) <career ladder payments of money authorized by
18-9 Section 16.057, Education Code;>
18-10 <(3)> amounts by which the member's salary is reduced
18-11 under a salary reduction agreement authorized by Article 6252-3d,
18-12 Revised Statutes; and
18-13 (3) <(4)> amounts that would otherwise qualify as
18-14 salary and wages under Subdivision (1) <or (2)> but are not
18-15 received directly by the member pursuant to a good faith, voluntary
18-16 written salary reduction agreement in order to finance payments to
18-17 a deferred compensation or tax sheltered annuity program
18-18 specifically authorized by state law or to finance benefit options
18-19 under a cafeteria plan qualifying under Section 125 of the Internal
18-20 Revenue Code of 1986 (26 U.S.C. Section 125), if:
18-21 (A) the program or benefit options are made
18-22 available to all employees of the employer; and
18-23 (B) the benefit options in the cafeteria plan
18-24 are limited to one or more options that provide deferred
18-25 compensation, group health and disability insurance, group term
18-26 life insurance, dependent care assistance programs, or group legal
18-27 services plans.
19-1 SECTION 2.15. Section 825.405(b), Government Code, is
19-2 amended to read as follows:
19-3 (b) For purposes of this section, the statutory minimum
19-4 salary is the salary provided by Sections <Section> 16.056 and
19-5 16.058, Education Code, multiplied by the cost of education
19-6 adjustment applicable under Section 16.102, Education Code, to the
19-7 district in which the member is employed<, plus any career ladder
19-8 supplement under Section 16.057, Education Code>.
19-9 SECTION 2.16. The following sections of the Education Code
19-10 are repealed: 12.61(a), 13.301, 13.305, 13.306(b), 13.307-13.317,
19-11 13.319-13.323, 16.057, and 21.251(c).
19-12 ARTICLE 3. CLASS SIZE
19-13 SECTION 3.01. Section 11.273(e), Education Code, is amended
19-14 to read as follows:
19-15 (e) A school campus or district may not receive an exemption
19-16 or waiver under this section from requirements imposed by federal
19-17 law or rule, including requirements for special education or
19-18 bilingual education programs. A school campus or district may not
19-19 receive an exemption or waiver under this section from a
19-20 requirement or prohibition imposed by state law or rule relating
19-21 to:
19-22 (1) curriculum essential elements, excluding the
19-23 methodology used by a teacher and the time spent by a teacher or a
19-24 student on a particular task or subject;
19-25 (2) restrictions on extracurricular activities;
19-26 (3) health and safety;
19-27 (4) competitive bidding;
20-1 (5) elementary school class size limits, except as
20-2 provided by Section 16.054 of this code;
20-3 (6) minimum graduation requirements;
20-4 (7) removal of a disruptive student from the
20-5 classroom;
20-6 (8) suspension or expulsion of a student;
20-7 (9) at risk programs;
20-8 (10) prekindergarten programs;
20-9 (11) educational employee and educational support
20-10 employee rights and benefits. In this section, "educational
20-11 support employee" means a full-time or part-time school employee
20-12 not defined as a "teacher" by Section 21.201(1) of this code; or
20-13 (12) special education or bilingual education
20-14 programs.
20-15 SECTION 3.02. Section 16.054, Education Code, is amended by
20-16 amending Subsections (b) and (d) and adding Subsections (f) and (g)
20-17 to read as follows:
20-18 (b) Except as provided by Subsection (d) or (f), a <A>
20-19 school district may not enroll more than 22 students in a
20-20 kindergarten, first, second, third, or fourth grade class. <This
20-21 requirement shall not apply during the last 12 weeks of any school
20-22 year.>
20-23 (d) On application of a school district, the commissioner
20-24 may except the district from the limits in Subsection (b) or (f) of
20-25 this section if the commissioner finds the limits work an undue
20-26 hardship on the district. "Undue hardship" is defined as lack of
20-27 adequate classroom space to accommodate unforeseen increases in
21-1 enrollment, inability to secure certified teachers, and financial
21-2 emergency. The waiver request must include a process to obtain
21-3 campus compliance in the following year and must identify campus
21-4 actions to offset the waiver impact on student achievement. A
21-5 school district that exceeds the class size maximum established by
21-6 this section without filing for a waiver within 30 days shall lose
21-7 state ADA allotment for each child in excess of the maximum class
21-8 size for each day the class exceeds the maximum class size. An
21-9 exception expires at the end of the school year <semester> for
21-10 which it is granted<, and the commissioner may not grant an
21-11 exception for more than one semester at a time>.
21-12 (f) A school district may enroll more than 22 but not more
21-13 than 24 students in a kindergarten, first, second, third, or fourth
21-14 grade class:
21-15 (1) after the first 12 weeks of a school year, if
21-16 necessary to avoid class reorganization; or
21-17 (2) during any 12 weeks selected by the district, if
21-18 the district has a significant percentage, as defined by the
21-19 commissioner of education, of students whose parent or guardian is
21-20 a migrant worker, as defined by Section 21.5515 of this code.
21-21 (g) Not later than the 45th day after the first day of the
21-22 school year, each school committee established under Section 21.931
21-23 of this code shall file a written report with the school district
21-24 concerning the school's compliance with Subsection (b) of this
21-25 section. Not later than the 60th day after the first day of the
21-26 school year, each school district shall forward the reports to the
21-27 commissioner.
22-1 ARTICLE 4. TRUSTEES AND ADMINISTRATORS
22-2 SECTION 4.01. Sections 13.353(a) and (e), Education Code,
22-3 are amended to read as follows:
22-4 (a) Each school district shall offer in-service training in
22-5 management skills for district administrators, including principals
22-6 and superintendents. The program may be one <programs must be
22-7 consistent with standards or models> adopted by the State Board of
22-8 Education or one approved by the board of trustees and shall
22-9 include management training in site-based decision making
22-10 established under Section 21.931 of this code <must be flexible and
22-11 draw from a variety of offerings both in and out of state>.
22-12 (e) From funds appropriated for that purpose, the Central
22-13 Education Agency may <shall> allocate an amount each year for the
22-14 identification, adaptation, development, and evaluation of
22-15 professional development programs and materials; training of
22-16 trainers; and technical assistance in the development of general
22-17 management and leadership development skills, including skills
22-18 necessary to implement Sections 21.7532, 21.930, and 21.931 of this
22-19 code. The State Board of Education may designate special projects
22-20 and development activities to be carried out with such funds. <The
22-21 manner in which such funds are utilized shall be reported annually
22-22 to the commissioner of education.>
22-23 SECTION 4.02. Section 13.354(d), Education Code, is amended
22-24 to read as follows:
22-25 (d) Each school district may <shall> use the appraisal
22-26 process and performance criteria developed by the board in
22-27 evaluating the performance of an administrator.
23-1 SECTION 4.03. The following sections of the Education Code
23-2 are repealed: 12.64 and 13.354(c).
23-3 ARTICLE 5. SCHOOL BUSES
23-4 SECTION 5.01. Section 21.165(d), Education Code, is amended
23-5 to read as follows:
23-6 (d) If the requisition is for the purchase of a motor
23-7 vehicle, bus, bus body, or bus chassis, it must be approved by
23-8 either the county school board when funded under law or the board
23-9 of trustees of a school district <and by the commissioner of
23-10 education>.
23-11 SECTION 5.02. Section 21.181(a), Education Code, is amended
23-12 to read as follows:
23-13 (a) As an alternative to maintaining and operating a
23-14 complete public school transportation system under this subchapter,
23-15 a county or local district school board may contract with a public
23-16 or commercial transportation company or system for all or any part
23-17 of its public school transportation if the board is able to obtain
23-18 an economically advantageous contract, provided that the commercial
23-19 transportation company or system:
23-20 (1) requires its school bus drivers to be certified by
23-21 the Central Education Agency; and
23-22 (2) uses only those school buses in transporting
23-23 public school students that satisfy safety requirements imposed by
23-24 law on school buses operated by public school transportation
23-25 systems<; and>
23-26 <(3) agrees to meet the alternative fuels requirements
23-27 of Section 21.174 for those buses dedicated to the contract;
24-1 provided, however, the company or system may claim all exceptions
24-2 available to county and local district school boards under Section
24-3 21.174>.
24-4 SECTION 5.03. Section 21.182(a), Education Code, is amended
24-5 to read as follows:
24-6 (a) As an alternative to purchasing school buses, a county
24-7 or local district school board may contract with any person for
24-8 use, acquisition, or lease with option or options to purchase any
24-9 school bus or buses if, at the discretion of the school board, such
24-10 a contract is determined to be economically advantageous to the
24-11 school district <and complies with the alternative fuels
24-12 requirements of Section 21.174>. Contracts may be in the form of a
24-13 lease or a lease with option or options to purchase. A contract is
24-14 in the form of a lease if it is a contract for the use and
24-15 possession of one or more school buses for consideration.
24-16 Ownership of a bus acquired through a lease or a lease with an
24-17 option to purchase remains with the lessor unless the lessee
24-18 exercises an option to purchase and purchases the bus under the
24-19 option. A school bus that is leased or leased with an option to
24-20 purchase under this section must meet or exceed the requirements
24-21 related to safety that apply to purchased or privately operated
24-22 school buses under Section 11.12. Contracts in the form of an
24-23 installment purchase or any form other than a lease or a lease with
24-24 option or options to purchase shall be subject to the provisions of
24-25 Section 21.165, as well as rules of the General Services
24-26 Commission.
24-27 SECTION 5.04. The following sections of the Education Code
25-1 are repealed: 21.174(c)-(i), 21.180, and 21.181(f).
25-2 ARTICLE 6. MISCELLANEOUS REGULATIONS
25-3 SECTION 6.01. Section 16.007, Education Code, is amended by
25-4 adding Subsection (d) to read as follows:
25-5 (d) Annually, the commissioner of education shall review the
25-6 Public Education Information Management System and shall repeal or
25-7 amend rules that require school districts to provide information
25-8 through the Public Education Information Management System that is
25-9 not necessary or useful. In reviewing the Public Education
25-10 Information Management System, the commissioner shall consider the
25-11 purpose of the system, which is to provide useful information on
25-12 students, staffing, and school district finances.
25-13 SECTION 6.02. Section 19.051(a), Education Code, is amended
25-14 to read as follows:
25-15 (a) By the procedure described in this subchapter, any of
25-16 the following groups of school districts may consolidate into a
25-17 single school district:
25-18 (1) two or more <contiguous> independent school
25-19 districts;
25-20 (2) two or more <contiguous> common school districts;
25-21 or
25-22 (3) one or more independent school districts and one
25-23 or more common school districts <constituting as a whole one
25-24 continuous territory>.
25-25 SECTION 6.03. Section 21.041, Education Code, as amended by
25-26 Section 1, Chapter 353, Acts of the 71st Legislature, Regular
25-27 Session, 1989, and Section 2.12, Chapter 813, Acts of the 71st
26-1 Legislature, Regular Session, 1989, is reenacted and amended to
26-2 read as follows:
26-3 Sec. 21.041. Absences. (a) Except as provided by this
26-4 section, a student may not be given credit for a class unless the
26-5 student is in attendance for at least 90 percent of the <80> days
26-6 the class is offered <during a semester>.
26-7 (b) The board of trustees of each school district shall
26-8 appoint one or more attendance committees to hear petitions for
26-9 class credit by students who are in attendance fewer than the
26-10 number of days required under Subsection (a) of this section <80
26-11 days during a semester>. Each board may determine the number of
26-12 committees needed in the district and the composition of each
26-13 committee. The committees may give class credit to a student who
26-14 is in attendance fewer than the number of days required under
26-15 Subsection (a) of this section <80 days during a semester> because
26-16 of extenuating circumstances. Each local school board shall
26-17 establish guidelines to determine what constitutes extenuating
26-18 circumstances, subject to rules adopted by the State Board of
26-19 Education, and shall adopt policies establishing alternative ways
26-20 for students to make up work or regain credit lost because of
26-21 absences. The State Board of Education shall submit its rules
26-22 adopted under this section to the Legislative Education Board for
26-23 review to ensure compliance with legislative intent. A certified
26-24 public school employee may not be assigned additional instructional
26-25 duties as a result of this section outside of the regular workday
26-26 unless the employee is compensated for the duties at a reasonable
26-27 rate of pay.
27-1 (c) A member of an attendance committee is not personally
27-2 liable for any act or omission arising out of duties as a member of
27-3 an attendance committee.
27-4 (d) If a student is denied credit for a class by an
27-5 attendance committee, the student may appeal the decision to the
27-6 board. The decision of the board may be appealed by trial de novo
27-7 to the district court of the county in which the school district's
27-8 central administrative office is located.
27-9 (e) This section does not affect the provision of Section
27-10 21.035(f) of this code regarding a student's excused absence from
27-11 school to observe religious holy days.
27-12 SECTION 6.04. Sections 21.458(a), (b), (e), and (f),
27-13 Education Code, are amended to read as follows:
27-14 (a) Each district that is required to offer a bilingual
27-15 education or special language program shall offer a voluntary
27-16 <summer> program for children of limited English proficiency who
27-17 will be eligible for admission to kindergarten or the first grade
27-18 at the beginning of the next school year. A school that operates
27-19 on a two-semester system shall offer the program during the period
27-20 school is recessed for the summer. A school that operates on any
27-21 other system permitted by this code shall offer 120 hours of
27-22 instruction on a schedule the board of trustees of the district
27-23 establishes.
27-24 (b) Enrollment in the program is optional with the parent of
27-25 the child. In a district that operates on a two-semester system,
27-26 the <The> program must be offered for one-half day for eight weeks.
27-27 (e) The <preschool or summer> programs required or
28-1 authorized by this section shall not be a substitute for programs
28-2 required to be provided during the regular school year.
28-3 (f) The legislature may appropriate funds from the
28-4 foundation school program for support of a <the summer> program
28-5 under Subsection (a) of this section.
28-6 SECTION 6.05. Subchapter B, Chapter 11, Education Code, is
28-7 amended by adding Section 11.274 to read as follows:
28-8 Sec. 11.274. SCHOOL COMMITTEE WAIVERS. (a) Except as
28-9 provided under Subsection (c) of this section, a school committee
28-10 established under Section 21.931 of this code may apply to the
28-11 commissioner of education for a waiver for the school of a
28-12 requirement or prohibition imposed by law or rule that the
28-13 committee determines inhibits student achievement.
28-14 (b) An application under this section must include a written
28-15 plan developed by the committee that states the achievement
28-16 objectives of the committee and the inhibition imposed on those
28-17 objectives by the requirement or prohibition and shall be approved
28-18 by the district's board of trustees.
28-19 (c) The commissioner may grant a waiver under this section
28-20 for a period not to exceed three years. A prohibition on conduct
28-21 that constitutes a criminal offense may not be waived. A
28-22 requirement imposed by federal law or rule, including requirements
28-23 for special education or bilingual education programs, may not be
28-24 waived.
28-25 SECTION 6.06. Section 11.52, Education Code, is amended by
28-26 adding Subsection (p) to read as follows:
28-27 (p) The commissioner may establish demonstration programs in
29-1 education settings throughout the state to demonstrate and
29-2 investigate educational programs or methodologies. The
29-3 commissioner may waive for the duration of a program a requirement
29-4 or prohibition imposed by state law that hinders the implementation
29-5 of the program. A prohibition on conduct that constitutes a
29-6 criminal offense may not be waived.
29-7 SECTION 6.07. Subchapter O, Chapter 21, Education Code, is
29-8 amended by adding Section 21.562 to read as follows:
29-9 Sec. 21.562. PARENTAL RIGHTS. The parent of a student, upon
29-10 being denied review of an assessment instrument that will be or has
29-11 been presented to the parent's child, is entitled to refuse to
29-12 allow an assessment instrument that is not a prerequisite for
29-13 graduation to be administered to the parent's child. A school
29-14 district may not consider the fact that an assessment instrument
29-15 was not administered to a student, as provided by this section, in
29-16 taking any action regarding the student's academic standing,
29-17 including class standing, class placement, or determination of
29-18 number of unexcused absences. Each public school must notify
29-19 parents of their rights under this section.
29-20 SECTION 6.08. Section 21.920(b), Education Code, is amended
29-21 to read as follows:
29-22 (b) A student enrolled in a school district in this state
29-23 shall be suspended from participation in any extracurricular
29-24 activity sponsored or sanctioned by the school district during the
29-25 grade reporting period after a grade reporting period in which the
29-26 student received a grade lower than the equivalent of 70 on a scale
29-27 of 100 in any academic class. The campus principal may remove this
30-1 suspension if the class is an identified honors or advanced class.
30-2 After the first three weeks of a suspension under this subsection,
30-3 the campus principal may remove the suspension if the student has
30-4 not received a grade lower than the equivalent of 70 on a scale of
30-5 100 in any academic class in that three-week period. The principal
30-6 shall reinstate the suspension if the student receives a grade
30-7 lower than the equivalent of 70 on a scale of 100 in any academic
30-8 class in the second three weeks of the period.
30-9 SECTION 6.09. Section 21.920, Education Code, is amended by
30-10 adding Subsection (f) to read as follows:
30-11 (f) For purposes of this section, participation by a
30-12 vocational agriculture student in an event related to vocational
30-13 agriculture is not considered an extracurricular activity.
30-14 SECTION 6.10. Section 21.3011(b), Education Code, is amended
30-15 to read as follows:
30-16 (b) A student may be removed from class and expelled without
30-17 resort to an alternative education program under Section 21.301 of
30-18 this code if the student, on school property or while attending a
30-19 school-sponsored or school-related activity on or off of school
30-20 property:
30-21 (1) assaults a teacher or other individual;
30-22 (2) sells, gives, or delivers to another person or
30-23 possesses or uses or is under the influence of:
30-24 (A) marihuana or a controlled substance, as
30-25 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
30-26 Section 801 et seq.; or
30-27 (B) a dangerous drug, as defined by Chapter 483,
31-1 Health and Safety Code;
31-2 (3) sells, gives, or delivers to another person an
31-3 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
31-4 Code, or commits a serious act or offense while under the influence
31-5 of alcohol; or on more than one occasion possesses, uses, or is
31-6 under the influence of an alcoholic beverage;
31-7 (4) possesses a firearm as defined by Section
31-8 46.01(3), Penal Code, an illegal knife as defined by Section
31-9 46.01(6), Penal Code, a club as defined by Section 46.01(1), Penal
31-10 Code, or a weapon listed as a prohibited weapon under Section
31-11 46.06, Penal Code;
31-12 (5) engages in conduct that contains the elements of
31-13 an offense relating to abusable glue or aerosol paint under
31-14 Sections 485.031 through 485.035, Health and Safety Code, or
31-15 relating to volatile chemicals under Chapter 484, Health and Safety
31-16 Code;
31-17 (6) engages in conduct that contains the elements of
31-18 the offense of arson under Section 28.02, Penal Code; <or>
31-19 (7) engages in conduct that contains the elements of
31-20 the offense of criminal mischief under Section 28.03, Penal Code,
31-21 if the offense is punishable as a felony under that section; or
31-22 (8) engages in conduct that contains the elements of
31-23 the offense of public lewdness under Section 21.07, Penal Code.
31-24 SECTION 6.11. Section 21.5513, Education Code, is amended by
31-25 adding Subsection (j) to read as follows:
31-26 (j) In addition to its other duties and responsibilities
31-27 under this section, the committee shall develop basic standards for
32-1 measuring competence and skill levels in reading, writing, and
32-2 mathematics. The standards shall be standards that, if satisfied,
32-3 demonstrate readiness for immediate entry into either employment or
32-4 higher education. The standards shall be designed to be applied to
32-5 a testing instrument required to be taken by high school level
32-6 students before graduation. Not later than February 1, 1995, the
32-7 committee shall make a report of its actions to the 74th
32-8 Legislature. This subsection expires June 1, 1995.
32-9 SECTION 6.12. Subchapter B, Chapter 11, Education Code, is
32-10 amended by adding Section 11.37 to read as follows:
32-11 Sec. 11.37. RULES APPLYING TO REMEDIAL EDUCATION COSTS. The
32-12 State Board of Education, in cooperation with the Texas Higher
32-13 Education Coordinating Board, shall adopt rules to facilitate
32-14 charging school districts for remedial education costs, as provided
32-15 by Section 11.54 of this code. The rules shall be designed to
32-16 ensure fairness, consistency, and fundamental due process.
32-17 SECTION 6.13. Subchapter D, Chapter 11, Education Code, is
32-18 amended by adding Section 11.54 to read as follows:
32-19 Sec. 11.54. SCHOOL DISTRICT RESPONSIBILITY FOR REMEDIAL
32-20 EDUCATION COSTS. The commissioner of education may assign to a
32-21 school district that consistently graduates students who require
32-22 postsecondary remedial education all or a part of the costs of
32-23 remedial education provided by an institution of higher education.
32-24 The commissioner shall assign the costs as provided by the rules
32-25 adopted under Sections 11.37 and 61.083 of this code.
32-26 SECTION 6.14. Subchapter C, Chapter 61, Education Code, is
32-27 amended by adding Sections 61.083 and 61.084 to read as follows:
33-1 Sec. 61.083. RULES APPLYING TO REMEDIAL EDUCATION COSTS.
33-2 The Texas Higher Education Coordinating Board, in cooperation with
33-3 the State Board of Education, shall adopt rules to facilitate
33-4 charging school districts for remedial education costs, as provided
33-5 by Section 11.54 of this code. The rules shall be designed to
33-6 ensure fairness, consistency, and fundamental due process.
33-7 Sec. 61.084. ELIMINATION OF REMEDIAL EDUCATION PROGRAMS.
33-8 (a) The Texas Higher Education Coordinating Board shall develop a
33-9 plan for the gradual elimination of remedial postsecondary
33-10 educational programs at institutions of higher education. Not
33-11 later than February 1, 1995, the coordinating board shall make a
33-12 report of its results to the 74th Legislature.
33-13 (b) This section expires June 1, 1995.
33-14 SECTION 6.15. Section 21.101, Education Code, is amended by
33-15 adding Subsection (j) to read as follows:
33-16 (j) The State Board of Education or the commissioner of
33-17 education may not require a local school district to offer a course
33-18 in sex education.
33-19 SECTION 6.16. Section 3(a), Chapter 424, Acts of the 63rd
33-20 Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
33-21 Texas Civil Statutes), is amended to read as follows:
33-22 (a) All information collected, assembled, or maintained by
33-23 or for governmental bodies, except in those situations where the
33-24 governmental body does not have either a right of access to or
33-25 ownership of the information, pursuant to law or ordinance or in
33-26 connection with the transaction of official business is public
33-27 information and available to the public during normal business
34-1 hours of any governmental body, with the following exceptions only:
34-2 (1) information deemed confidential by law, either
34-3 Constitutional, statutory, or by judicial decision;
34-4 (2) information in personnel files, the disclosure of
34-5 which would constitute a clearly unwarranted invasion of personal
34-6 privacy, and transcripts from institutions of higher education
34-7 maintained in the personnel files of professional public school
34-8 employees; provided, however, that nothing in this section shall be
34-9 construed to exempt from disclosure the degree obtained and the
34-10 curriculum on such transcripts of professional public school
34-11 employees, and further provided that all information in personnel
34-12 files of an individual employee within a governmental body is to be
34-13 made available to that individual employee or his designated
34-14 representative as is public information under this Act;
34-15 (3) information relating to litigation of a criminal
34-16 or civil nature and settlement negotiations, to which the state or
34-17 political subdivision is, or may be, a party, or to which an
34-18 officer or employee of the state or political subdivision, as a
34-19 consequence of his office or employment, is or may be a party, that
34-20 the attorney general or the respective attorneys of the various
34-21 political subdivisions has determined should be withheld from
34-22 public inspection;
34-23 (4) information which, if released, would give
34-24 advantage to competitors or bidders;
34-25 (5) information pertaining to the location of real or
34-26 personal property for public purposes prior to public announcement
34-27 of the project, and information pertaining to appraisals or
35-1 purchase price of real or personal property for public purposes
35-2 prior to the formal award of contracts therefor;
35-3 (6) drafts and working papers involved in the
35-4 preparation of proposed legislation;
35-5 (7) matters in which the duty of the Attorney General
35-6 of Texas or an attorney of a political subdivision, to his client,
35-7 pursuant to the Rules and Canons of Ethics of the State Bar of
35-8 Texas are prohibited from disclosure, or which by order of a court
35-9 are prohibited from disclosure;
35-10 (8) records of law enforcement agencies and
35-11 prosecutors that deal with the detection, investigation, and
35-12 prosecution of crime and the internal records and notations of such
35-13 law enforcement agencies and prosecutors which are maintained for
35-14 internal use in matters relating to law enforcement and
35-15 prosecution;
35-16 (9) private correspondence and communications of an
35-17 elected office holder relating to matters the disclosure of which
35-18 would constitute an invasion of privacy;
35-19 (10) trade secrets and commercial or financial
35-20 information obtained from a person and privileged or confidential
35-21 by statute or judicial decision;
35-22 (11) inter-agency or intra-agency memorandums or
35-23 letters which would not be available by law to a party in
35-24 litigation with the agency;
35-25 (12) information contained in or related to
35-26 examination, operating, or condition reports prepared by, on behalf
35-27 of, or for the use of an agency responsible for the regulation or
36-1 supervision of financial institutions, and/or securities, as that
36-2 term is defined in the Texas Securities Act;
36-3 (13) geological and geophysical information and data
36-4 including maps concerning wells, except information filed in
36-5 connection with an application or proceeding before any agency or
36-6 an electric log confidential under Subchapter M, Chapter 91,
36-7 Natural Resources Code;
36-8 (14) student records at educational institutions
36-9 funded wholly, or in part, by state revenue; but such records shall
36-10 be made available upon request of educational institution
36-11 personnel, the student involved, that student's parent, legal
36-12 guardian, or spouse or a person conducting a child abuse
36-13 investigation required by Section 34.05, Family Code;
36-14 (15) birth and death records maintained by the Bureau
36-15 of Vital Statistics of the Texas Department of Health, except that:
36-16 (A) a birth record is public information and
36-17 available to the public on and after the 50th anniversary of the
36-18 date on which the record is filed with the Bureau of Vital
36-19 Statistics or local registration official; and
36-20 (B) a death record is public information and
36-21 available to the public on and after the 25th anniversary of the
36-22 date on which the record is filed with the Bureau of Vital
36-23 Statistics or local registration official;
36-24 (16) the audit working papers of the State Auditor;
36-25 (17) information relating to:
36-26 (A) the home addresses or home telephone numbers
36-27 of each official or employee or each former official or employee of
37-1 a governmental body except as otherwise provided by Section 3A of
37-2 this Act, or of peace officers as defined by Article 2.12, Code of
37-3 Criminal Procedure, 1965, as amended, or by Section 51.212, Texas
37-4 Education Code; or
37-5 (B) the home addresses, home telephone numbers,
37-6 or social security numbers of employees of the Texas Department of
37-7 Criminal Justice, or the home or employment addresses or telephone
37-8 numbers or the names or social security numbers of their family
37-9 members;
37-10 (18) information contained on or derived from
37-11 triplicate prescription forms filed with the Department of Public
37-12 Safety pursuant to Section 481.075, Health and Safety Code;
37-13 (19) photographs that depict a peace officer as
37-14 defined by Article 2.12, Code of Criminal Procedure, or a security
37-15 officer commissioned under Section 51.212, Education Code, the
37-16 release of which would endanger the life or physical safety of the
37-17 officer unless:
37-18 (A) the officer is under indictment or charged
37-19 with an offense by information; or
37-20 (B) the officer is a party in a fire or police
37-21 civil service hearing or a case in arbitration; or
37-22 (C) the photograph is introduced as evidence in
37-23 a judicial proceeding;
37-24 (20) rare books and original manuscripts which were
37-25 not created or maintained in the conduct of official business of a
37-26 governmental body and which are held by any private or public
37-27 archival and manuscript repository for the purposes of historical
38-1 research;
38-2 (21) oral history interviews, personal papers,
38-3 unpublished letters, and organizational records of nongovernmental
38-4 entities, which were not created or maintained in the conduct of
38-5 official business of a governmental body and which are held by any
38-6 private or public archival and manuscript repository for the
38-7 purposes of historical research, to the extent that the archival
38-8 and manuscript repository and the donor of the interviews, papers,
38-9 letters, and records may agree to limit disclosure of the item;
38-10 (22) <curriculum objectives and> test items developed
38-11 by educational institutions that are funded wholly or in part by
38-12 state revenue and test items developed by licensing agencies or
38-13 governmental bodies; and
38-14 (23) the names of applicants for the position of chief
38-15 executive officer of institutions of higher education, except that
38-16 the governing body of the institution of higher education must give
38-17 public notice of the name or names of the finalists being
38-18 considered for the position at least 21 days prior to the meeting
38-19 at which final action or vote is to be taken on the employment of
38-20 the individual.
38-21 SECTION 6.17. Section 5(a), Chapter 173, Acts of the 47th
38-22 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
38-23 Civil Statutes), is amended to read as follows:
38-24 (a) No person who is under the age of eighteen (18) years
38-25 shall drive any motor vehicle while in use as a school bus for the
38-26 transportation of pupils to or from school. A person who is
38-27 eighteen (18) years of age or older may not operate a vehicle as a
39-1 school bus until he has been properly licensed to operate a school
39-2 bus. It shall be unlawful for any person to be employed to drive a
39-3 motor vehicle while in use as a school bus for the transportation
39-4 of pupils who has not undergone a physical examination which
39-5 reveals his physical and mental capabilities to safely operate a
39-6 school bus. Such physical examinations shall be conducted annually
39-7 for each driver. A pre-employment driver's license check shall
39-8 have been made with the Texas Department of Public Safety prior to
39-9 the employment and the person's driving record must be acceptable
39-10 according to standards developed jointly by the State Board of
39-11 Education and the Texas Department of Public Safety. Effective at
39-12 such date and under provisions as may be determined by the State
39-13 Board of Education, the driver of a school bus shall have in his
39-14 possession a certificate stating he is enrolled in, or has
39-15 completed, a driver training course in school bus safety education
39-16 that has been approved jointly by the State Board of Education and
39-17 the Texas Department of Public Safety. The bus driving certificate
39-18 shall remain valid for a period of three years. This subsection
39-19 does not affect the right of any otherwise qualified person with a
39-20 hearing disability to be licensed, certified, and employed as a bus
39-21 driver for vehicles used to transport hearing impaired students or
39-22 persons. This subsection does not apply to the operation of a
39-23 vehicle owned by a public institution of higher education to
39-24 transport students of a school district that operates within that
39-25 institution if:
39-26 (1) the person operating the vehicle is approved by
39-27 the institution to operate the vehicle; and
40-1 (2) the transportation is for a field trip or other
40-2 special event.
40-3 SECTION 6.18. The following sections of the Education Code
40-4 are repealed: 21.008, 21.132-21.134, 23.993, 23.994, and 23.999.
40-5 ARTICLE 7. SUNSET PROVISION
40-6 SECTION 7.01. Effective September 1, 1995, Titles 1 and 2,
40-7 Education Code, are repealed.
40-8 SECTION 7.02. Not later than June 1, 1994, the commissioner
40-9 of education shall submit to the legislature a proposed revision of
40-10 Titles 1 and 2, Education Code.
40-11 SECTION 7.03. Effective September 1, 1995, the Central
40-12 Education Agency is abolished.
40-13 ARTICLE 8. APPLICATION; EMERGENCY
40-14 SECTION 8.01. This Act applies beginning with the 1993-1994
40-15 school year.
40-16 SECTION 8.02. The importance of this legislation and the
40-17 crowded condition of the calendars in both houses create an
40-18 emergency and an imperative public necessity that the
40-19 constitutional rule requiring bills to be read on three several
40-20 days in each house be suspended, and this rule is hereby suspended,
40-21 and that this Act take effect and be in force from and after its
40-22 passage, and it is so enacted.