By:  Erickson                                         H.B. No. 1064
       73R4816 CAS-D
                                 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        SECTION 1.  Section 11.32(i), Education Code, is amended to
    1-5  read as follows:
    1-6        (i)  The commissioner of education, with the approval of the
    1-7  State Board of Education, may enter into performance contracts with
    1-8  regional education service centers for technical assistance and
    1-9  other services to school districts in relation to accreditation,
   1-10  training, curriculum, <implementation of the Public Education
   1-11  Information Management System (PEIMS),> and other services approved
   1-12  by the State Board of Education.  The commissioner shall file
   1-13  summaries of all approved performance contracts with the Governor's
   1-14  Office of Budget and Planning and with the legislative budget
   1-15  office.  Funding for these performance contracts shall be provided
   1-16  by appropriation.
   1-17        SECTION 2.  Section 13.353(e), Education Code, is amended to
   1-18  read as follows:
   1-19        (e)  From funds appropriated for that purpose, the Central
   1-20  Education Agency shall allocate an amount each year for the
   1-21  identification, adaptation, development, and evaluation of
   1-22  professional development programs and materials; training of
   1-23  trainers; and technical assistance in the development of general
   1-24  management and leadership development skills<, including skills
    2-1  necessary to implement Sections 21.7532, 21.930, and 21.931 of this
    2-2  code>.  The State Board of Education may designate special projects
    2-3  and development activities to be carried out with such funds.  The
    2-4  manner in which such funds are utilized shall be reported annually
    2-5  to the commissioner of education.
    2-6        SECTION 3.  Section 13.912(a), Education Code, is amended to
    2-7  read as follows:
    2-8        (a)  A school district may not deny a teacher a salary bonus
    2-9  or similar compensation given in whole or in part on the basis of
   2-10  teacher attendance <or a career ladder advancement> because of the
   2-11  teacher's absence from school for observance of a religious holy
   2-12  day.
   2-13        SECTION 4.  Section 16.054(b), Education Code, is amended to
   2-14  read as follows:
   2-15        (b)  A school district may not enroll more than an average of
   2-16  22 students in a kindergarten, first, second, third, or fourth
   2-17  grade class.  An average under this subsection is determined by
   2-18  dividing the total number of students enrolled in the district in
   2-19  the applicable grade level by the total number of classes offered
   2-20  in the district for that level.  This requirement shall not apply
   2-21  during the last 12 weeks of any school year.
   2-22        SECTION 5.  Sections 16.057(a) and (c), Education Code, are
   2-23  amended to read as follows:
   2-24        (a)  Except as provided by Subsection (c) of this section,
   2-25  each teacher who was on level two, three, or four of a career
   2-26  ladder on or before July 1, 1993, is entitled to the following
   2-27  annual supplement in addition to the minimum salary set by this
    3-1  subchapter for any school year in which the teacher teaches in a
    3-2  school district in this state:
    3-3              Level 2..............................$2,000
    3-4              Level 3..............................$4,000
    3-5              Level 4..............................$6,000
    3-6        (c)  If the allotment under Section 16.158 of this code that
    3-7  is designated for support of the career ladder will not fully fund
    3-8  the supplements under this section,<:>
    3-9              <(1)>  the district may reduce the supplements to not
   3-10  less than the following:
   3-11              Level 2..............................$1,500
   3-12              Level 3..............................$3,000
   3-13              Level 4..............................$4,500
   3-14  <or;>
   3-15              <(2)  provide for stricter performance criteria than
   3-16  that provided under Section 13.302 of this code, subject to the
   3-17  approval of the State Board of Education; or>
   3-18              <(3)  take action under both Subdivisions (1) and (2)
   3-19  of this subsection.>
   3-20        SECTION 6.  Section 16.155(h), Education Code, is amended to
   3-21  read as follows:
   3-22        (f) <(h)>  Out of the total statewide allotment for
   3-23  vocational education under this section, the commissioner of
   3-24  education shall set aside an amount specified in the General
   3-25  Appropriations Act, which may not exceed an amount equal to one
   3-26  percent of the total amount appropriated, to support regional
   3-27  vocational education planning committees established under Section
    4-1  21.115(b) of this code.  <After deducting the amount set aside
    4-2  under this subsection from the total amount appropriated for
    4-3  vocational education under this section, the commissioner shall
    4-4  reduce each district's allotment in the same manner described for a
    4-5  reduction in state funds under Section 16.254(d) of this code.>
    4-6        SECTION 7.  Section 16.158(c), Education Code, is amended to
    4-7  read as follows:
    4-8        (c)  From the funds designated for that purpose, the district
    4-9  shall supplement the salary of each teacher who was above level one
   4-10  on the career ladder on or before July 1, 1993.  The district shall
   4-11  decide the amount of supplement to be provided at each career
   4-12  ladder level.
   4-13        SECTION 8.  Sections 21.753(b) and (c), Education Code, are
   4-14  amended to read as follows:
   4-15        (b)  The criteria in the accreditation rules must include
   4-16  consideration of:
   4-17              (1)  goals and objectives of the district;
   4-18              (2)  compliance with statutory requirements and
   4-19  requirements imposed by rule of the State Board of Education under
   4-20  statutory authority;
   4-21              (3)  adequate performance <under the indicators adopted
   4-22  under Section 21.7531 of this code;>
   4-23              <(4)  the relation between the academic excellence
   4-24  indicators adopted by the board under Section 21.7531 of this code
   4-25  and the campus performance objectives established under Section
   4-26  21.7532 of this code, including the manner in which the campus
   4-27  performance objectives were established and the progress of the
    5-1  campus in meeting the objectives>;
    5-2              (4) <(5)>  the quality of learning on each of the
    5-3  district's campuses based on indicators including scores on
    5-4  achievement tests;
    5-5              (5) <(6)>  the quality of the district's appraisal of
    5-6  teacher performance and of administrator performance;
    5-7              (6) <(7)>  the effectiveness of district principals as
    5-8  instructional leaders;
    5-9              (7) <(8)>  the effectiveness of the district's campuses
   5-10  on the basis of the most current criteria identified by research on
   5-11  effective schools;
   5-12              (8) <(9)>  the fulfillment of curriculum requirements;
   5-13              (9) <(10)>  the effectiveness of the district's
   5-14  programs in special education based on the Central Education
   5-15  Agency's most recent compliance review of the district and programs
   5-16  for special populations;
   5-17              (10) <(11)>  the effectiveness of teacher in-service
   5-18  training;
   5-19              (11) <(12)>  the effective use of technology to enhance
   5-20  student achievement;
   5-21              (12) <(13)>  the effectiveness of the district's
   5-22  remedial and support programs under Section 21.557 of this code for
   5-23  students at risk of dropping out of school;
   5-24              (13) <(14)>  the effectiveness of the district's
   5-25  dropout prevention and recovery programs;
   5-26              (14) <(15)>  efficient allocation of available
   5-27  resources;
    6-1              (15) <(16)>  the presence and quality of comprehensive
    6-2  and developmental guidance and counseling programs on campuses; and
    6-3              (16) <(17)>  the quality and effectiveness of the
    6-4  district's vocational education program.
    6-5        (c)  The Central Education Agency shall rate each campus in a
    6-6  district on the basis of the campus's performance <on the
    6-7  indicators adopted under Section 21.7531 of this code> using the
    6-8  rating categories provided for districts under Subsection (a) of
    6-9  this section.
   6-10        SECTION 9.  Section 21.754, Education Code, is amended to
   6-11  read as follows:
   6-12        Sec. 21.754.  Investigations.  (a)  The Central Education
   6-13  Agency shall annually review the performance of each district and
   6-14  campus <on the indicators adopted in Section 21.7531 of this code>
   6-15  and determine if specific action is warranted.  The review may
   6-16  include limited on-site evaluation if necessary.
   6-17        (b)  The State Board of Education by rule shall establish a
   6-18  schedule for on-site evaluations by the Central Education Agency.
   6-19  The rules must require that:
   6-20              (1)  each district is visited and all accreditation
   6-21  criteria investigated not less than once every six years, except
   6-22  that the board may extend that period for districts rated:
   6-23                    (A)  as exemplary for an additional period not to
   6-24  exceed two years; and
   6-25                    (B)  as recognized for an additional period not
   6-26  to exceed one year;
   6-27              (2)  each district rated as accredited advised is
    7-1  visited and assisted not less than once every two years;
    7-2              (3)  each district rated as academically unaccredited
    7-3  is visited and assisted not less than once each year; and
    7-4              (4)  each district that has a poor performance <under
    7-5  the indicators adopted under Section 21.7531 of this code> is
    7-6  investigated more frequently than otherwise required under this
    7-7  section.
    7-8        (c)  Each annual review shall include an analysis of:
    7-9              (1)  student performance;
   7-10              (2)  attendance, promotion, and dropout rates;
   7-11              (3)  program costs; and
   7-12              (4)  other information required by the board.
   7-13        (d)  <In compliance with Section 21.925 of this code, the
   7-14  board shall make optimum use of the agency's public education
   7-15  information management system to minimize the written reporting
   7-16  requirements of school districts.>
   7-17        <(e)>  To determine if a district qualifies for a higher
   7-18  rating or on identification of potential problems, the commissioner
   7-19  may direct the agency to conduct on-site investigations at any time
   7-20  and may raise or lower the accreditation rating as a result of the
   7-21  investigation.
   7-22        (e) <(f)>  In making an accreditation investigation, the
   7-23  investigators shall obtain information from campus administrators,
   7-24  teachers, and parents of students enrolled at the campus.  The
   7-25  investigation may not be closed until information is obtained from
   7-26  each of those sources.  The board shall adopt rules for:
   7-27              (1)  obtaining information from parents and using that
    8-1  information in the investigator's report; and
    8-2              (2)  obtaining information from teachers in a manner
    8-3  that prevents the campus or district from screening the
    8-4  information.
    8-5        (f) <(g)>  The agency shall give written notice to the
    8-6  superintendent and the board of trustees of any impending
    8-7  investigation of the district's accreditation.
    8-8        (g) <(h)>  If an annual review from reports furnished by the
    8-9  school district indicates low performance on one or more of the
   8-10  criteria listed in Subsection (c) of this section of one or more
   8-11  campuses in a district, the agency may conduct an on-site
   8-12  evaluation of those campuses only.
   8-13        SECTION 10.  Sections 21.757(b), (i), and (j), Education
   8-14  Code, are amended to read as follows:
   8-15        (b)  If a campus is a low-performing campus, <as determined
   8-16  on the basis of the indicators adopted under Section 21.7531 of
   8-17  this code,> the commissioner may take the following actions to the
   8-18  extent the commissioner determines necessary:
   8-19              (1)  appoint a school intervention team to assist the
   8-20  campus in the improvement of its performance; or
   8-21              (2)  order the board of trustees or the superintendent
   8-22  to take certain actions relating to the operations of the campus.
   8-23        (i)  A school intervention team appointed under Subsection
   8-24  (b)(1) of this section may consist of teachers, principals, other
   8-25  school professionals, and superintendents recognized for excellence
   8-26  in their roles and appointed by the commissioner of education to
   8-27  serve as members of a team.  The team shall conduct an on-site
    9-1  assessment of the school in need of assistance and make
    9-2  recommendations for improvement to <the school committee
    9-3  established under Section 21.931 of this code,> the superintendent,
    9-4  the school board, and the commissioner.  The recommendations may
    9-5  include:
    9-6              (1)  reallocation of resources and technical
    9-7  assistance;
    9-8              (2)  changes in school procedures or operations;
    9-9              (3)  staff development for instructional and
   9-10  administrative staff;
   9-11              (4)  intervention for individual administrators or
   9-12  teachers;
   9-13              (5)  waivers from policies or regulations of the board
   9-14  or commissioner; and
   9-15              (6)  other actions the team considers appropriate.
   9-16        (j)  A school intervention team appointed under Subsection
   9-17  (b)(1) of this section shall work with the school staff to develop
   9-18  an improvement plan to address the needs identified through the
   9-19  on-site assessment conducted under Subsection (i) of this section.
   9-20  The team shall submit the plan to the commissioner, the school
   9-21  board, <the school committee established under Section 21.931 of
   9-22  this code,> and the superintendent.  The school staff shall
   9-23  implement the changes specified in the improvement plan within a
   9-24  period of one year after the date the plan is submitted.  The
   9-25  commissioner shall monitor the progress of the school to determine
   9-26  whether sufficient progress has been made or if further action is
   9-27  warranted.
   10-1        SECTION 11.  Section 317.005(f), Government Code, is amended
   10-2  to read as follows:
   10-3        (f)  The governor or board may adopt an order under this
   10-4  section withholding or transferring any portion of the total amount
   10-5  appropriated to finance the foundation school program for a fiscal
   10-6  year.  <The governor or board may not adopt such an order if it
   10-7  would result in an allocation of money between particular programs
   10-8  or statutory allotments under the foundation school program
   10-9  contrary to the statutory proration formula provided by Section
  10-10  16.254(d), Education Code.>  The governor or board may transfer an
  10-11  amount to the total amount appropriated to finance the foundation
  10-12  school program for a fiscal year and may increase the basic
  10-13  allotment.  The governor or board may adjust allocations of amounts
  10-14  between particular programs or statutory allotments under the
  10-15  foundation school program only for the purpose of conforming the
  10-16  allocations to actual pupil enrollments or attendance.
  10-17        SECTION 12.  The following provisions of the Education Code
  10-18  are repealed:
  10-19              (1)  Subchapter E, Chapter 13; and
  10-20              (2)  Sections 13.0321(c), 13.035(c), 13.354(e),
  10-21  14.063(e), 16.007, 16.254(d) and (e), 21.253, 21.258, 21.7531,
  10-22  21.7532, 21.926(e), 21.930, 21.931, 23.33, and 34.005(b).
  10-23        SECTION 13.  Section 26.08(i), Tax Code, is repealed.
  10-24        SECTION 14.  Sections 1-12 of this Act apply beginning with
  10-25  the 1993-1994 school year.
  10-26        SECTION 15.  This Act takes effect immediately, except
  10-27  Section 13 of this Act takes effect January 1, 1994.
   11-1        SECTION 16.  The importance of this legislation and the
   11-2  crowded condition of the calendars in both houses create an
   11-3  emergency and an imperative public necessity that the
   11-4  constitutional rule requiring bills to be read on three several
   11-5  days in each house be suspended, and this rule is hereby suspended,
   11-6  and that this Act take effect and be in force according to its
   11-7  terms, and it is so enacted.