73R10097 ESH-F
          By Erickson, et al.                                   H.B. No. 1064
          Substitute the following for H.B. No. 1064:
          By Sadler                                         C.S.H.B. No. 1064
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to reducing the regulatory burden on 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, competence, and attitudes necessary for a
   2-10  broad range 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(b), Education Code, is amended
   2-21  to read as follows:
   2-22        (b)  All books shall have on one inside cover a printed label
   2-23  stating that the book is the property of the state.  Schools shall
   2-24  number all books, placing the number on the printed label.
   2-25  Teachers shall keep a record of the number of all books issued to
   2-26  each pupil.  <Books must be covered by the pupil under the
   2-27  direction of the teacher.>  Books must be returned to the teacher
    3-1  at the close of the session or when the pupil withdraws from
    3-2  school.
    3-3        SECTION 1.03.  Section 12.67(a), Education Code, is amended
    3-4  to read as follows:
    3-5        (a)  If a school district employee enters into a business
    3-6  relationship, employment contract, or other transaction with a
    3-7  textbook publisher doing business, or with the potential of doing
    3-8  business, with the state or a school district in the state and the
    3-9  transaction directly or indirectly results in remuneration to the
   3-10  employee, the transaction must be registered with the
   3-11  superintendent of the school district <and with the commissioner of
   3-12  education>.
   3-13        SECTION 1.04.  Section 21.258(a), Education Code, is amended
   3-14  to read as follows:
   3-15        (a)  Each board of trustees shall publish an annual report
   3-16  describing the district's educational performance that includes
   3-17  campus performance objectives established under Section 21.7532 of
   3-18  this code and the progress of each campus toward those objectives,
   3-19  which shall be available to the public <and filed with the State
   3-20  Board of Education>.  The board shall hold a hearing for public
   3-21  discussion of the report.  The board shall notify property owners
   3-22  and parents in the district of the hearing.  The board may combine
   3-23  the notice with the notice of a public hearing on a proposed tax
   3-24  increase required under Section 26.06, Tax Code.  After the hearing
   3-25  the report shall be widely disseminated within the district in a
   3-26  manner to be determined by the district.
   3-27        SECTION 1.05.  Section 21.601, Education Code, is amended to
    4-1  read as follows:
    4-2        Sec. 21.601.  Establishment.  <(a)>  Each school district may
    4-3  establish a school-community guidance center designed to locate and
    4-4  assist children with problems which interfere with their education,
    4-5  including but not limited to juvenile offenders and children with
    4-6  severe behavioral problems or character disorders.  The centers
    4-7  shall coordinate the efforts of school district personnel, local
    4-8  police departments, truant officers, and probation officers in
    4-9  working with students, dropouts, and parents in identifying and
   4-10  correcting factors which adversely affect the education of the
   4-11  children.
   4-12        <(b)  With the approval of the commissioner of education,
   4-13  school districts with an average daily attendance of less than
   4-14  6,000 students may cooperate with other districts for the purpose
   4-15  of establishing a common center.>
   4-16        SECTION 1.06.  Section 21.701, Education Code, is amended to
   4-17  read as follows:
   4-18        Sec. 21.701.  Adoption and Approval of Programs.  Each school
   4-19  district shall adopt and implement a discipline management program
   4-20  to be included in the district plan under Section 21.938 of this
   4-21  code.  <Before implementation, the proposed program must be
   4-22  submitted to the Central Education Agency, which shall review and
   4-23  approve or reject the program.>
   4-24        SECTION 1.07.  Section 21.702, Education Code, is amended to
   4-25  read as follows:
   4-26        Sec. 21.702.  Content of Approved Programs.  A <To be
   4-27  approved, a> discipline management program must:
    5-1              (1)  encourage the commitment, cooperation, and
    5-2  involvement of school district administrators, teachers, parents,
    5-3  and students in the development of the program;
    5-4              (2)  encourage the use of the regional education
    5-5  service center to assist in developing the program and providing
    5-6  training to teachers and administrators;
    5-7              (3)  require the designation of a person in each school
    5-8  with special training in discipline management to implement and
    5-9  assess the program in that school and to identify and refer
   5-10  appropriate students to school-community guidance programs;
   5-11              (4)  require the development of a student code of
   5-12  conduct that clearly describes the district's expectations with
   5-13  respect to student conduct, including provisions similar to the
   5-14  Attorney General's Proposed Voluntary Student Code of Conduct of
   5-15  1980, and specifies the consequences of violating the code;
   5-16              (5)  specifically outline the responsibilities of
   5-17  teachers, administrators, parents, and students in the discipline
   5-18  management program; and
   5-19              (6)  make parental involvement an integral part of the
   5-20  discipline management program, requiring:
   5-21                    (A)  one or more conferences during each school
   5-22  year between a teacher and the parents of a student if the student
   5-23  is not maintaining passing grades or achieving the expected level
   5-24  of performance or presents some other problem to the teacher or in
   5-25  any other case the teacher considers necessary;
   5-26                    (B)  parent training workshops for home
   5-27  reinforcement of study skills and specific curriculum objectives
    6-1  conducted for parents who want to participate and based on interest
    6-2  indicated by parents in the community; and
    6-3                    (C)  a written statement signed by each parent
    6-4  that the parent understands and consents to the responsibilities
    6-5  outlined in the discipline management program.
    6-6        SECTION 1.08.  Section 21.926, Education Code, is amended to
    6-7  read as follows:
    6-8        Sec. 21.926.  Information to be Posted.  (a)  For the benefit
    6-9  of parents of school age children, each school in a district shall
   6-10  post in a conspicuous location in the main administration building
   6-11  accessible to the general public<:>
   6-12              <(1)  a map of the school's attendance area; and>
   6-13              <(2)  a notice that includes:>
   6-14                    <(A)  the aggregate results by grade level for
   6-15  the state and for each campus in the district of assessment
   6-16  instruments administered under Section 21.551 of this code for each
   6-17  of the preceding three school years and, for each high school, the
   6-18  aggregate results by grade level of the most recent administration
   6-19  of any norm-referenced assessment instrument, including the
   6-20  Scholastic Aptitude Test and American College Testing Program
   6-21  assessment instruments;>
   6-22                    <(B)  the total enrollment at each campus in the
   6-23  district for each of the four most recent school years;>
   6-24                    <(C)  the ratio of classroom teachers to students
   6-25  at each campus in the district;>
   6-26                    <(D)  a statement that copies of the notice and
   6-27  of a map of the school's attendance area are available in the
    7-1  school's main office; and>
    7-2                    <(E)>  a statement that the district's annual
    7-3  performance report is available in the school library.
    7-4        (b)  <The assessment instrument results posted under
    7-5  Subsection (a)(2)(A) of this section must be presented in the form
    7-6  of appropriate, nontechnical interpretations in terms
    7-7  understandable to the general public.>
    7-8        <(c)  The board of trustees of the district may prescribe the
    7-9  format of the notice required by Subsection (a)(2) of this section.>
   7-10        <(d)>  Each school shall have available in its main office
   7-11  copies of:
   7-12              (1)  the notice <and map> required to be posted under
   7-13  Subsection (a) of this section; and
   7-14              (2)  a map of the school's attendance area.
   7-15        (c) <(e)>  Each school shall have available in its library a
   7-16  copy of:
   7-17              (1)  the annual performance report for the district
   7-18  required by Section 21.258 of this code; and
   7-19              (2)  the district and campus plan required by Section
   7-20  21.938 of this code.
   7-21        <(f)  Each district shall have available in its
   7-22  administration building the information required to be posted by
   7-23  Subsection (a) of this section for each school in the district.>
   7-24        SECTION 1.09.  The following sections of the Education Code
   7-25  are repealed: 11.203, 11.205(b) and (c), 11.2051, 12.65(f),
   7-26  12.67(c), 14.065, 21.034, 21.1111(d), 21.253, 21.301(o), 21.557(d),
   7-27  21.654, and 21.909(d).
    8-1                         ARTICLE 2.  TEACHERS
    8-2        SECTION 2.01.  Section 13.037(c), Education Code, is amended
    8-3  to read as follows:
    8-4        (c)  The Central Education Agency shall collect and maintain
    8-5  <teacher performance data from each district's implementation of
    8-6  the statewide appraisal system and shall collect and maintain> data
    8-7  from state-mandated tests required for entry to and exit from
    8-8  teacher education programs.  The Central Education Agency shall
    8-9  provide probationary teacher performance data on a regular basis to
   8-10  the respective institutions of higher education and to the Texas
   8-11  Higher Education Coordinating Board<, Texas College and University
   8-12  System>.
   8-13        SECTION 2.02.  Section 13.103, Education Code, is amended to
   8-14  read as follows:
   8-15        Sec. 13.103.  Probationary Contract:  Termination.  The board
   8-16  of trustees of any school district may terminate the employment of
   8-17  any teacher holding a probationary contract at the end of the
   8-18  contract period, if in their judgment the best interests of the
   8-19  school district will be served thereby; provided, that notice of
   8-20  intention to terminate the employment shall be given by the board
   8-21  of trustees to the teacher not later than the 60th day before the
   8-22  last day of instruction required <on or before April 1, preceding
   8-23  the end of the employment term fixed> in the contract.  In event of
   8-24  failure to give such notice of intention to terminate within the
   8-25  time above specified, the board of trustees shall thereby elect to
   8-26  employ such probationary teacher in the same capacity, and under
   8-27  probationary contract status for the succeeding school year if the
    9-1  teacher has been employed by such district for less than three
    9-2  successive school years, or in a continuing contract position if
    9-3  such teacher has been employed during three consecutive school
    9-4  years.
    9-5        SECTION 2.03.  The heading to Subchapter E, Chapter 13,
    9-6  Education Code, is amended to read as follows:
    9-7           SUBCHAPTER E.  TEACHER APPRAISAL <CAREER LADDER>
    9-8        SECTION 2.04.  Sections 13.302(a), (c), and (f), Education
    9-9  Code, are amended to read as follows:
   9-10        (a)  The State Board of Education shall adopt an appraisal
   9-11  process and criteria on which to appraise the performance of
   9-12  teachers <for career ladder level assignment purposes>.  The
   9-13  criteria must be based on observable, job-related behavior,
   9-14  including teachers' implementation of discipline management
   9-15  procedures.
   9-16        (c)  An <In developing the appraisal process, the board shall
   9-17  provide for using not fewer than two appraisers for each appraisal.
   9-18  One> appraiser must be the teacher's supervisor or <and one must
   9-19  be> a person <as> approved by the board of trustees.  An appraiser
   9-20  who is a classroom teacher may not appraise the performance of
   9-21  another classroom teacher who teaches at the same school campus at
   9-22  which the appraiser teaches, unless it is impractical because of
   9-23  the number of campuses or unless the appraiser is the chairman of a
   9-24  department or grade level whose job description includes classroom
   9-25  observation responsibilities.  <In a district that uses not more
   9-26  than two appraisers per appraisal, the board shall provide for an
   9-27  appraisal by a third appraiser from another campus if the
   10-1  difference between the appraisals is such that the teacher's
   10-2  performance cannot be accurately evaluated.>  The board also shall
   10-3  provide for a uniform training program and uniform certification
   10-4  standards for appraisers to be used throughout the state.  The
   10-5  board shall include teacher self-appraisal in the process.
   10-6        (f)  Appraisal for teachers must be detailed by category of
   10-7  professional skill and characteristic and must provide for separate
   10-8  ratings per category.  The appraisal process shall guarantee a
   10-9  conference between the teacher and the appraiser <appraisers>, and
  10-10  the conference shall be diagnostic and prescriptive with regard to
  10-11  remediation as needed in overall summary of performance by category
  10-12  <and identify the required performance for advancement to the next
  10-13  level>.
  10-14        SECTION 2.05.  Section 13.303, Education Code, is amended by
  10-15  amending Subsections (a) and (c) and adding Subsection (d) to read
  10-16  as follows:
  10-17        (a)  In appraising teachers, each <Each> school district
  10-18  shall use:
  10-19              (1)  the appraisal process and performance criteria
  10-20  developed by the board; or
  10-21              (2)  an appraisal process and performance criteria
  10-22  developed by the school district utilizing the procedures
  10-23  established in Sections 21.930 and 21.931 of this code and approved
  10-24  by the commissioner of education <in appraising teachers for career
  10-25  ladder level assignment purposes>.
  10-26        (c)  Appraisal shall be done at least <not fewer than:>
  10-27              <(1)  two times during each school year for
   11-1  probationary teachers and for teachers on level one of the career
   11-2  ladder; and>
   11-3              <(2)>  once during each school year.  A teacher who is
   11-4  dissatisfied with the teacher's appraisal is entitled to a second
   11-5  appraisal in a school year by a different appraiser <for teachers
   11-6  on levels two, three, and four of the career ladder whose
   11-7  performance, on the most recent appraisal, was evaluated as
   11-8  exceeding expectations or clearly outstanding.  The performance of
   11-9  a teacher who, because of unusual circumstances, is appraised only
  11-10  once in a particular year shall be evaluated for career ladder
  11-11  purposes on the basis of a single appraisal>.
  11-12        (d)  A teacher may be given advance notice of the date or
  11-13  time of an appraisal.
  11-14        SECTION 2.06.  Section 13.304, Education Code, is amended to
  11-15  read as follows:
  11-16        Sec. 13.304.  PERFORMANCE CATEGORIES.  In appraisals of
  11-17  teacher performance <for career ladder level assignment purposes>,
  11-18  performance <shall be evaluated in the same manner and under the
  11-19  same  criteria regardless of level.  Performance> shall be
  11-20  evaluated as:
  11-21              (1)  unsatisfactory (if the teacher's performance is
  11-22  clearly not acceptable in some major area);
  11-23              (2)  below expectations (if the teacher's performance
  11-24  needs improvement in some major areas);
  11-25              (3)  satisfactory (if the teacher's performance meets
  11-26  expectations);
  11-27              (4)  exceeding expectations (if the teacher's
   12-1  performance excels in some major areas); or
   12-2              (5)  clearly outstanding.
   12-3        SECTION 2.07.  Section 16.052, Education Code, is amended to
   12-4  read as follows:
   12-5        Sec. 16.052.  Operation of Schools; Teacher Preparation and
   12-6  Staff Development.  (a)  Each school district must provide for not
   12-7  less than 175 <180> days of instruction for students, not less than
   12-8  five days of staff development, and not less than three days of
   12-9  preparation for teachers for each school year, except as provided
  12-10  in Subsection (b) <(c)> of this section.
  12-11        (b)  The staff development required by this section must be
  12-12  predominantly campus-based, for the purpose of improving student
  12-13  achievement, and planned with the involvement of the campus school
  12-14  committee established under Section 21.931 of this code.  Campus
  12-15  staff development may include activities that enable the campus
  12-16  staff to plan together, to enhance existing skills, to share
  12-17  effective strategies, to reflect on curricular and instructional
  12-18  issues, to analyze student achievement results, to reflect on means
  12-19  of increasing student achievement, to study research, to practice
  12-20  new methods, to identify students' strengths and needs, to develop
  12-21  meaningful programs for students, to appropriately implement
  12-22  site-based decision making, and to conduct action research.  Staff
  12-23  development activities may include study teams, individual
  12-24  research, peer coaching, workshops, seminars, conferences, and
  12-25  other reasonable staff development activities that have the
  12-26  potential to improve student achievement.  <Each school district
  12-27  must provide for not less than 20 hours of staff development
   13-1  training under guidelines provided by the commissioner of
   13-2  education.  The training provided must include technology training
   13-3  and must occur during regular hours of required teacher service.
   13-4  On the request of a teacher, a school district may credit the
   13-5  teacher compensatory time to be applied toward the number of
   13-6  training hours required under this subsection for workshops,
   13-7  conferences, or other professional training that the teacher has
   13-8  attended.>
   13-9        (c)  The commissioner of education may approve the operation
  13-10  of schools for less than the number of days of instruction, staff
  13-11  development, and teacher preparation otherwise required when
  13-12  disasters, floods, extreme weather conditions, fuel curtailments,
  13-13  or other calamities have caused the closing of the school.
  13-14        <(d)  Each school district may reserve three hours of the
  13-15  first preparation day provided each school year under Subsection
  13-16  (a) of this section for faculty staff meetings.>
  13-17        SECTION 2.08.  Subchapter B, Chapter 16, Education Code, is
  13-18  amended by adding Section 16.058 to read as follows:
  13-19        Sec. 16.058.  SALARY OF TEACHER FORMERLY ON CAREER LADDER.
  13-20  (a)  Notwithstanding any provision to the contrary, a teacher who
  13-21  was assigned to a career ladder level under Subchapter E, Chapter
  13-22  13, of this code on August 31, 1993, is entitled to receive for the
  13-23  1993-1994 school year and each school year thereafter, as long as
  13-24  the teacher is employed by the same district, a minimum salary
  13-25  equal to the teacher's base salary plus the teacher's career ladder
  13-26  supplement in the 1992-1993 school year.
  13-27        (b)  In this section, "base salary" means the minimum  salary
   14-1  prescribed by Sections 16.055 and 16.056 of this code plus any
   14-2  amount in excess of the minimum salary that a school district pays
   14-3  the teacher.
   14-4        SECTION 2.09.  Section 16.158, Education Code, is amended to
   14-5  read as follows:
   14-6        Sec. 16.158.  TEACHER COMPENSATION <CAREER LADDER> ALLOTMENT.
   14-7  (a)  Each district is entitled to an allotment for teacher
   14-8  compensation <support of the career ladder> equal to its unadjusted
   14-9  average daily attendance multiplied by $90.
  14-10        (b)  Except as provided by Subsection (d) of this section, an
  14-11  <An> allotment under this section may be used only for the purposes
  14-12  of paying the salaries of teachers who were entitled to career
  14-13  ladder supplements.
  14-14        (c)  <From the funds designated for that purpose, the
  14-15  district shall supplement the salary of each teacher above level
  14-16  one on the career ladder.  The district shall decide the amount of
  14-17  supplement to be provided at each career ladder level.>
  14-18        <(d)>  Money received under this section may not be used to
  14-19  supplement the salary of an employee for directing cocurricular or
  14-20  extracurricular activities.
  14-21        (d)  If an allotment under this section exceeds the amount
  14-22  necessary to pay the salaries of teachers who were entitled to
  14-23  career ladder supplements as provided by Section 16.058 of this
  14-24  code, a district shall use the excess to supplement salaries of
  14-25  other teachers.
  14-26        SECTION 2.10.  Section 16.202, Education Code, is amended to
  14-27  read as follows:
   15-1        Sec. 16.202.  STUDIES.  On a biennial basis, the Legislative
   15-2  Education Board and the Legislative Budget Board, with the
   15-3  assistance of the Educational Economic Policy Center and the
   15-4  Central Education Agency, shall complete each of the following
   15-5  studies and develop recommended amounts where appropriate for each
   15-6  year of the next biennium:
   15-7              (1)  a study of the fiscal neutrality of the system to
   15-8  determine the status of the state and local finance system with
   15-9  regard to the policies established under the provisions of Section
  15-10  16.001 of this code, including recommendations for adjustments
  15-11  necessary to maintain fiscal neutrality;
  15-12              (2)  the accountable costs per student to school
  15-13  districts of providing educational programs, personnel, and other
  15-14  operating costs that meet accreditation criteria and the provisions
  15-15  of law and regulation;
  15-16              (3)  program cost differentials designed by program to
  15-17  provide support for the added expense of high-cost courses or
  15-18  programs for students participating in such courses or programs,
  15-19  with the program funding level expressed as dollar amounts and as
  15-20  weights applied to the adjusted basic allotment for the appropriate
  15-21  year;
  15-22              (4)  transportation and teacher compensation <career
  15-23  ladder> allotments;
  15-24              (5)  the levels of tax effort necessary for each tier
  15-25  of the Foundation School Program necessary to fulfill the
  15-26  requirements of Sections 16.001 and 16.008 of this code; and
  15-27              (6)  capital outlay and debt service requirements and
   16-1  formula elements for the requirements of Subchapter I of this
   16-2  chapter  or other provisions of this chapter.
   16-3        SECTION 2.11.   Section 16.302(a), Education Code, is amended
   16-4  to read as follows:
   16-5        (a)  Each school district is guaranteed a specified amount
   16-6  per weighted student in state and local funds for each cent of tax
   16-7  effort over that required for the local fund assignment of the
   16-8  county education district in which the school district is located
   16-9  up to the maximum level specified in this subchapter.  The amount
  16-10  of state support, subject only to the maximum amount under Section
  16-11  16.303 of this code, is determined by the formula:
  16-12  where:
  16-13        "GYA" is the guaranteed yield amount of state funds to be
  16-14  allocated to the district;
  16-15        "GL" is the dollar amount guaranteed level of state and local
  16-16  funds per weighted student per cent of tax effort, which is $21.50
  16-17  for the 1991-1992 school year, $22.50 for the 1992-1993 school
  16-18  year, $26 for the 1993-1994 school year, and $28 for each school
  16-19  year thereafter, or a greater amount for any year provided by
  16-20  appropriation, or a greater amount adopted by the foundation school
  16-21  fund budget committee under Section 16.256(d) of this code for the
  16-22  1993-1994 or 1994-1995 school year or thereafter;
  16-23        "WADA", except as provided by Section 16.206 of this code, is
  16-24  the number of weighted students in average daily attendance, which
  16-25  is calculated by dividing the sum of the school district's
  16-26  allotments under Subchapters C and D of this chapter, less any
  16-27  allotments to the district for transportation, teacher compensation
   17-1  <career ladder supplements>, or technology and 50 percent of the
   17-2  adjustment under Section 16.102 of this code, by the basic
   17-3  allotment for the applicable year;
   17-4        "DTR" is the district enrichment and facilities tax rate of
   17-5  the school district, which is determined by dividing the total
   17-6  amount of taxes collected by the school district for the applicable
   17-7  school year by the quotient of the district's taxable value of
   17-8  property as determined under Section 11.86 of this code divided by
   17-9  100; and
  17-10        "LR" is the local revenue, which is determined by multiplying
  17-11  "DTR" by the quotient of the district's taxable value of property
  17-12  as determined under Section 11.86 of this code divided by 100.
  17-13        SECTION 2.12.  Section 21.112(e), Education Code, is amended
  17-14  to read as follows:
  17-15        (e)  All new, additional, and continuing vocational programs
  17-16  shall offer competency-based instruction.  Instruction must be
  17-17  based on the essential elements approved by the State Board of
  17-18  Education.  <A competency profile must be maintained for each
  17-19  student enrolled.>
  17-20        SECTION 2.13.  Section 21.204(a), Education Code, is amended
  17-21  to read as follows:
  17-22        (a)  In the event the board of trustees receives a
  17-23  recommendation for nonrenewal, the board, after consideration of
  17-24  the written evaluations required by Section 21.202 of this
  17-25  subchapter and the reasons for the recommendation, shall, in its
  17-26  sole discretion, either reject the recommendation or shall give the
  17-27  teacher written notice of the proposed nonrenewal not later than
   18-1  the 60th day before the last day of instruction required <on or
   18-2  before April 1 preceding the end of the employment term fixed> in
   18-3  the contract.
   18-4        SECTION 2.14.  Section 822.201(b), Government Code, is
   18-5  amended to read as follows:
   18-6        (b)  "Salary and wages" as used in Subsection (a) means:
   18-7              (1)  normal periodic payments of money for service the
   18-8  right to which accrues on a regular basis in proportion to the
   18-9  service performed;
  18-10              (2)  <career ladder payments of money authorized by
  18-11  Section 16.057, Education Code;>
  18-12              <(3)>  amounts by which the member's salary is reduced
  18-13  under a salary reduction agreement authorized by Article 6252-3d,
  18-14  Revised Statutes; and
  18-15              (3) <(4)>  amounts that would otherwise qualify as
  18-16  salary and wages under Subdivision (1) <or (2)> but are not
  18-17  received directly by the member pursuant to a good faith, voluntary
  18-18  written salary reduction agreement in order to finance payments to
  18-19  a deferred compensation or tax sheltered annuity program
  18-20  specifically authorized by state law or to finance benefit options
  18-21  under a cafeteria plan qualifying under Section 125 of the Internal
  18-22  Revenue Code of 1986 (26 U.S.C. Section 125), if:
  18-23                    (A)  the program or benefit options are made
  18-24  available to all employees of the employer; and
  18-25                    (B)  the benefit options in the cafeteria plan
  18-26  are limited to one or more options that provide deferred
  18-27  compensation, group health and disability insurance, group term
   19-1  life insurance, dependent care assistance programs, or group legal
   19-2  services plans.
   19-3        SECTION 2.15.  Section 825.405(b), Government Code, is
   19-4  amended to read as follows:
   19-5        (b)  For purposes of this section, the statutory minimum
   19-6  salary is the salary provided by Sections <Section> 16.056 and
   19-7  16.058, Education Code, multiplied by the cost of education
   19-8  adjustment applicable under Section 16.102, Education Code, to the
   19-9  district in which the member is employed<, plus any career ladder
  19-10  supplement under Section 16.057, Education Code>.
  19-11        SECTION 2.16.  The following sections of the Education Code
  19-12  are repealed:  12.61(a), 13.301, 13.305, 13.306(b), 13.307-13.317,
  19-13  13.319-13.323, 16.057, and 21.251(c).
  19-14                        ARTICLE 3.  CLASS SIZE
  19-15        SECTION 3.01.  Section 11.273(e), Education Code, is amended
  19-16  to read as follows:
  19-17        (e)  A school campus or district may not receive an exemption
  19-18  or waiver under this section from requirements imposed by federal
  19-19  law or rule, including requirements for special education or
  19-20  bilingual education programs.  A school campus or district may not
  19-21  receive an exemption or waiver under this section from a
  19-22  requirement or prohibition imposed by state law or rule relating
  19-23  to:
  19-24              (1)  curriculum essential elements, excluding the
  19-25  methodology used by a teacher and the time spent by a teacher or a
  19-26  student on a particular task or subject;
  19-27              (2)  restrictions on extracurricular activities;
   20-1              (3)  health and safety;
   20-2              (4)  competitive bidding;
   20-3              (5)  <elementary school class size limits;>
   20-4              <(6)>  minimum graduation requirements;
   20-5              (6) <(7)>  removal of a disruptive student from the
   20-6  classroom;
   20-7              (7) <(8)>  suspension or expulsion of a student;
   20-8              (8) <(9)>  at risk programs;
   20-9              (9) <(10)>  prekindergarten programs;
  20-10              (10) <(11)>  educational employee and educational
  20-11  support employee rights and benefits.  In this section,
  20-12  "educational support employee" means a full-time or part-time
  20-13  school employee not defined as a "teacher" by Section 21.201(1) of
  20-14  this code; or
  20-15              (11) <(12)>  special education or bilingual education
  20-16  programs.
  20-17        SECTION 3.02.  Section 16.054, Education Code, is amended by
  20-18  amending Subsections (b) and (d) and adding Subsection (f) to read
  20-19  as follows:
  20-20        (b)  Except as provided by Subsection (d) or (f), a <A>
  20-21  school district may not enroll more than 22 students in a
  20-22  kindergarten, first, second, third, or fourth grade class.  <This
  20-23  requirement shall not apply during the last 12 weeks of any school
  20-24  year.>
  20-25        (d)  On application of a school district, the commissioner
  20-26  may except the district from the limits in Subsection (b) or (f) of
  20-27  this section if the commissioner finds the limits work an undue
   21-1  hardship on the district.  An exception expires at the end of the
   21-2  school year <semester> for which it is granted<, and the
   21-3  commissioner may not grant an exception for more than one semester
   21-4  at a time>.
   21-5        (f)  A school district may enroll more than 22 but not more
   21-6  than 24 students in a kindergarten, first, second, third, or fourth
   21-7  grade class:
   21-8              (1)  after the first 12 weeks of a school year, if
   21-9  necessary to avoid class reorganization; or
  21-10              (2)  during any 12 weeks selected by the district, if
  21-11  the district has a significant percentage, as defined by the
  21-12  commissioner of education, of students whose parent or guardian is
  21-13  a migrant worker, as defined by Section 21.5515 of this code.
  21-14                ARTICLE 4.  TRUSTEES AND ADMINISTRATORS
  21-15        SECTION 4.01.  Sections 13.353(a) and (e), Education Code,
  21-16  are amended to read as follows:
  21-17        (a)  Each school district shall offer in-service training in
  21-18  management skills for district administrators, including principals
  21-19  and superintendents.  The program may be one <programs must be
  21-20  consistent with standards or models> adopted by the State Board of
  21-21  Education or one approved by the board of trustees and shall
  21-22  include management training in site-based decision making
  21-23  established under Section 21.931 of this code <must be flexible and
  21-24  draw from a variety of offerings both in and out of state>.
  21-25        (e)  From funds appropriated for that purpose, the Central
  21-26  Education Agency may <shall> allocate an amount each year for the
  21-27  identification, adaptation, development, and evaluation of
   22-1  professional development programs and materials; training of
   22-2  trainers; and technical assistance in the development of general
   22-3  management and leadership development skills, including skills
   22-4  necessary to implement Sections 21.7532, 21.930, and 21.931 of this
   22-5  code.  The State Board of Education may designate special projects
   22-6  and development activities to be carried out with such funds.  <The
   22-7  manner in which such funds are utilized shall be reported annually
   22-8  to the commissioner of education.>
   22-9        SECTION 4.02.  Section 13.354(d), Education Code, is amended
  22-10  to read as follows:
  22-11        (d)  Each school district may <shall> use the appraisal
  22-12  process and performance criteria developed by the board in
  22-13  evaluating the performance of an administrator.
  22-14        SECTION 4.03.  The following sections of the Education Code
  22-15  are repealed:  12.64 and 13.354(c).
  22-16                       ARTICLE 5.  SCHOOL BUSES
  22-17        SECTION 5.01.  Section 21.165(d), Education Code, is amended
  22-18  to read as follows:
  22-19        (d)  If the requisition is for the purchase of a motor
  22-20  vehicle, bus, bus body, or bus chassis, it must be approved by
  22-21  either the county school board when funded under law or the board
  22-22  of trustees of a school district <and by the commissioner of
  22-23  education>.
  22-24        SECTION 5.02.  Section 21.181(a), Education Code, is amended
  22-25  to read as follows:
  22-26        (a)  As an alternative to maintaining and operating a
  22-27  complete public school transportation system under this subchapter,
   23-1  a county or local district school board may contract with a public
   23-2  or commercial transportation company or system for all or any part
   23-3  of its public school transportation if the board is able to obtain
   23-4  an economically advantageous contract, provided that the commercial
   23-5  transportation company or system:
   23-6              (1)  requires its school bus drivers to be certified by
   23-7  the Central Education Agency; and
   23-8              (2)  uses only those school buses in transporting
   23-9  public school students that satisfy safety requirements imposed by
  23-10  law on school buses operated by public school transportation
  23-11  systems<; and>
  23-12              <(3)  agrees to meet the alternative fuels requirements
  23-13  of Section 21.174 for those buses dedicated to the contract;
  23-14  provided, however, the company or system may claim all exceptions
  23-15  available to county and local district school boards under Section
  23-16  21.174>.
  23-17        SECTION 5.03.  Section 21.182(a), Education Code, is amended
  23-18  to read as follows:
  23-19        (a)  As an alternative to purchasing school buses, a county
  23-20  or local district school board may contract with any person for
  23-21  use, acquisition, or lease with option or options to purchase any
  23-22  school bus or buses if, at the discretion of the school board, such
  23-23  a contract is determined to be economically advantageous to the
  23-24  school district <and complies with the alternative fuels
  23-25  requirements of Section 21.174>.  Contracts may be in the form of a
  23-26  lease or a lease with option or options to purchase.  A contract is
  23-27  in the form of a lease if it is a contract for the use and
   24-1  possession of one or more school buses for consideration.
   24-2  Ownership of a bus acquired through a lease or a lease with an
   24-3  option to purchase remains with the lessor unless the lessee
   24-4  exercises an option to purchase and purchases the bus under the
   24-5  option.  A school bus that is leased or leased with an option to
   24-6  purchase under this section must meet or exceed the requirements
   24-7  related to safety that apply to purchased or privately operated
   24-8  school buses under Section 11.12.  Contracts in the form of an
   24-9  installment purchase or any form other than a lease or a lease with
  24-10  option or options to purchase shall be subject to the provisions of
  24-11  Section 21.165, as well as rules of the General Services
  24-12  Commission.
  24-13        SECTION 5.04.  The following sections of the Education Code
  24-14  are repealed:  21.174(c)-(i), 21.180, and 21.181(f).
  24-15                 ARTICLE 6.  MISCELLANEOUS REGULATIONS
  24-16        SECTION 6.01.  Section 16.007, Education Code, is amended by
  24-17  adding Subsection (d) to read as follows:
  24-18        (d)  Annually, the commissioner of education shall review the
  24-19  Public Education Information Management System and shall repeal or
  24-20  amend rules that require school districts to provide information
  24-21  through the Public Education Information Management System that is
  24-22  not necessary or useful.  In reviewing the Public Education
  24-23  Information Management System, the commissioner shall consider the
  24-24  purpose of the system, which is to provide useful information on
  24-25  students, staffing, and school district finances.
  24-26        SECTION 6.02.  Section 19.051(a), Education Code, is amended
  24-27  to read as follows:
   25-1        (a)  By the procedure described in this subchapter, any of
   25-2  the following groups of school districts may consolidate into a
   25-3  single school district:
   25-4              (1)  two or more <contiguous> independent school
   25-5  districts;
   25-6              (2)  two or more <contiguous> common school districts;
   25-7  or
   25-8              (3)  one or more independent school districts and one
   25-9  or more common school districts <constituting as a whole one
  25-10  continuous territory>.
  25-11        SECTION 6.03.  Section 21.041, Education Code, as amended by
  25-12  Section 1, Chapter 353, Acts of the 71st Legislature, Regular
  25-13  Session, 1989, and Section 2.12, Chapter 813, Acts of the 71st
  25-14  Legislature, Regular Session, 1989, is reenacted and amended to
  25-15  read as follows:
  25-16        Sec. 21.041.  Absences.  (a)  Except as provided by this
  25-17  section, a student may not be given credit for a class unless the
  25-18  student is in attendance for at least 90 percent of the <80> days
  25-19  the class is offered <during a semester>.
  25-20        (b)  The board of trustees of each school district shall
  25-21  appoint one or more attendance committees to hear petitions for
  25-22  class credit by students who are in attendance fewer than the
  25-23  number of days required under Subsection (a) of this section <80
  25-24  days during a semester>.  Each board may determine the number of
  25-25  committees needed in the district and the composition of each
  25-26  committee.  The committees may give class credit to a student who
  25-27  is in attendance fewer than the number of days required under
   26-1  Subsection (a) of this section <80 days during a semester> because
   26-2  of extenuating circumstances.  Each local school board shall
   26-3  establish guidelines to determine what constitutes extenuating
   26-4  circumstances, subject to rules adopted by the State Board of
   26-5  Education, and shall adopt policies establishing alternative ways
   26-6  for students to make up work or regain credit lost because of
   26-7  absences.  The State Board of Education shall submit its rules
   26-8  adopted under this section to the Legislative Education Board for
   26-9  review to ensure compliance with legislative intent.  A certified
  26-10  public school employee may not be assigned additional instructional
  26-11  duties as a result of this section outside of the regular workday
  26-12  unless the employee is compensated for the duties at a reasonable
  26-13  rate of pay.
  26-14        (c)  A member of an attendance committee is not personally
  26-15  liable for any act or omission arising out of duties as a member of
  26-16  an attendance committee.
  26-17        (d)  If a student is denied credit for a class by an
  26-18  attendance committee, the student may appeal the decision to the
  26-19  board.  The decision of the board may be appealed by trial de novo
  26-20  to the district court of the county in which the school district's
  26-21  central administrative office is located.
  26-22        (e)  This section does not affect the provision of Section
  26-23  21.035(f) of this code regarding a student's excused absence from
  26-24  school to observe religious holy days.
  26-25        SECTION 6.04.  Sections 21.458(a), (b), (e), and (f),
  26-26  Education Code, are amended to read as follows:
  26-27        (a)  Each district that is required to offer a bilingual
   27-1  education or special language program shall offer a voluntary
   27-2  <summer> program for children of limited English proficiency who
   27-3  will be eligible for admission to kindergarten or the first grade
   27-4  at the beginning of the next school year.  A school that operates
   27-5  on a two-semester system shall offer the program during the period
   27-6  school is recessed for the summer.  A school that operates on any
   27-7  other system permitted by this code shall offer 120 hours of
   27-8  instruction on a schedule the board of trustees of the district
   27-9  establishes.
  27-10        (b)  Enrollment in the program is optional with the parent of
  27-11  the child.  In a district that operates on a two-semester system,
  27-12  the <The> program must be offered for one-half day for eight weeks.
  27-13        (e)  The <preschool or summer> programs required or
  27-14  authorized by this section shall not be a substitute for programs
  27-15  required to be provided during the regular school year.
  27-16        (f)  The legislature may appropriate funds from the
  27-17  foundation school program for support of a <the summer> program
  27-18  under Subsection (a) of this section.
  27-19        SECTION 6.05.  Section 5(a), Chapter 173, Acts of the 47th
  27-20  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
  27-21  Civil Statutes), is amended to read as follows:
  27-22        (a)  No person who is under the age of eighteen (18) years
  27-23  shall drive any motor vehicle while in use as a school bus for the
  27-24  transportation of pupils to or from school.  A person who is
  27-25  eighteen (18) years of age or older may not operate a vehicle as a
  27-26  school bus until he has been properly licensed to operate a school
  27-27  bus.  It shall be unlawful for any person to be employed to drive a
   28-1  motor vehicle while in use as a school bus for the transportation
   28-2  of pupils who has not undergone a physical examination which
   28-3  reveals his physical and mental capabilities to safely operate a
   28-4  school bus.  Such physical examinations shall be conducted annually
   28-5  for each driver.  A pre-employment driver's license check shall
   28-6  have been made with the Texas Department of Public Safety prior to
   28-7  the employment and the person's driving record must be acceptable
   28-8  according to standards developed jointly by the State Board of
   28-9  Education and the Texas Department of Public Safety.  Effective at
  28-10  such date and under provisions as may be determined by the State
  28-11  Board of Education, the driver of a school bus shall have in his
  28-12  possession a certificate stating he is enrolled in, or has
  28-13  completed, a driver training course in school bus safety education
  28-14  that has been approved jointly by the State Board of Education and
  28-15  the Texas Department of Public Safety.  The bus driving certificate
  28-16  shall remain valid for a period of three years.  This subsection
  28-17  does not affect the right of any otherwise qualified person with a
  28-18  hearing disability to be licensed, certified, and employed as a bus
  28-19  driver for vehicles used to transport hearing impaired students or
  28-20  persons.  This subsection does not apply to the operation of a
  28-21  vehicle owned by a public institution of higher education to
  28-22  transport students of a school district that operates within that
  28-23  institution if:
  28-24              (1)  the person operating the vehicle is approved by
  28-25  the institution to operate the vehicle; and
  28-26              (2)  the transportation is for a field trip or other
  28-27  special event.
   29-1        SECTION 6.06.  The following sections of the Education Code
   29-2  are repealed:  21.008, 21.132-21.134, 23.993, 23.994, and 23.999.
   29-3                  ARTICLE 7.  APPLICATION; EMERGENCY
   29-4        SECTION 7.01.  This Act applies beginning with the 1993-1994
   29-5  school year.
   29-6        SECTION 7.02.  The importance of this legislation and the
   29-7  crowded condition of the calendars in both houses create an
   29-8  emergency and an imperative public necessity that the
   29-9  constitutional rule requiring bills to be read on three several
  29-10  days in each house be suspended, and this rule is hereby suspended,
  29-11  and that this Act take effect and be in force from and after its
  29-12  passage, and it is so enacted.