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.