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.