By Hernandez H.B. No. 2371
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to cooperation between public schools and institutions of
1-3 higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 1, Education Code, is amended by adding
1-6 Chapter 5 to read as follows:
1-7 CHAPTER 5. COOPERATION BETWEEN PUBLIC SCHOOLS
1-8 AND HIGHER EDUCATION
1-9 Sec. 5.01. DEFINITIONS. In this chapter:
1-10 (1) "Agency" means the Central Education Agency as
1-11 defined in Section 11.01 of this code.
1-12 (2) "Board" means the Texas Higher Education
1-13 Coordinating Board.
1-14 (3) "Faculty member" has the meaning assigned to it in
1-15 Section 51.101 of this code.
1-16 (4) "Institution of higher education" has the meaning
1-17 assigned to it in Section 61.003 of this code.
1-18 (5) "Private institution of higher education" has the
1-19 meaning assigned to it in Section 61.302 of this code.
1-20 (6) "Teacher" has the meaning assigned to it in
1-21 Section 2.07 of this code.
1-22 Sec. 5.02. REQUIRED INTERACTION BETWEEN PUBLIC SCHOOLS AND
1-23 HIGHER EDUCATION. (a) The Texas Higher Education Coordinating
2-1 Board, after consulting with the Central Education Agency, shall
2-2 develop policies that encourage and reward an institution of higher
2-3 education and faculty members of an institution of higher education
2-4 to create a substantive relationship with the school districts that
2-5 are near the institution of higher education.
2-6 (b) The strategic plan that is required by Article 6252-31,
2-7 Revised Statutes, as added by Section 1, Chapter 384, Acts of the
2-8 72nd Legislature, Regular Session, 1991, may include for
2-9 institutions of higher education a measure of whether the
2-10 institution is creating a substantive relationship with the school
2-11 districts that are near the institution of higher education.
2-12 (c) The minimum standards for tenure that the board is
2-13 authorized to develop and recommend under Section 61.057 of this
2-14 code may include the amount and quality of interaction the faculty
2-15 member has with school districts that are near the institution of
2-16 higher education.
2-17 Sec. 5.03. AUTHORIZED INTERACTION BETWEEN PUBLIC SCHOOLS AND
2-18 HIGHER EDUCATION. (a) A school district and an institution of
2-19 higher education that is near the school district may assist each
2-20 other on research projects and on distance learning.
2-21 (b) The institution of higher education that is near the
2-22 school district may provide a faculty member to the school district
2-23 to teach high school students a college course at a high school in
2-24 the school district. If a student at the high school successfully
2-25 completes the college course,
3-1 (1) the student shall receive credit for the college
3-2 course as if the course were a course taught by a teacher; and
3-3 (2) if the student later attends an institution of
3-4 higher education, the student may receive credit for the college
3-5 course at that institution of higher education.
3-6 (c) Teachers at school districts and faculty members of
3-7 institutions of higher education near the school district are
3-8 authorized to create and comprise groups for the purposes of
3-9 improving communication between the teachers and faculty members
3-10 concerning the subject matter of their courses and teaching fields.
3-11 (d) The director of a library of an institution of higher
3-12 education near a school district may allow a senior student of a
3-13 high school in a school district to use the library as if the
3-14 senior student were enrolled in the institution of higher
3-15 education.
3-16 (e) An institution of higher education is authorized to
3-17 create a student internship program or expand an existing program
3-18 that encourages high school students with above average grades to
3-19 pursue careers in science, mathematics, and health care.
3-20 Sec. 5.04. INSTITUTION OF HIGHER EDUCATION-OPERATED SCHOOL
3-21 DISTRICT. (a) The authority provided by this section is in
3-22 addition to the authority provided by Section 21.758 of this code
3-23 and by other law.
3-24 (b) The commissioner of education may order the suspension
3-25 of the powers of the board of trustees of a school district if the
4-1 school district has been rated academically unaccredited or
4-2 accredited advised, or a combination of the two, for a period of
4-3 more than one year. The commissioner shall immediately inform the
4-4 Legislative Education Board of the commissioner's decision to order
4-5 the suspension.
4-6 (c) If the commissioner enters an order authorized by
4-7 Subsection (b) of this section, then at the time the commissioner
4-8 enters the order, the commissioner shall appoint a board of
4-9 managers comprised of faculty members of the institution of higher
4-10 education near the school district to execute the powers of the
4-11 board of trustees during the period of suspension.
4-12 (d) If the commissioner enters an order authorized by
4-13 Subsection (b) of this section, then at the time the commissioner
4-14 enters the order, the commissioner shall appoint a district
4-15 superintendent who is a faculty member of the institution of higher
4-16 education near the school district. The appointed superintendent
4-17 shall perform all acts and duties necessary for the proper conduct,
4-18 maintenance, and supervision of the schools in the district.
4-19 (e) The board of managers and the superintendent shall be
4-20 appointed for terms not to exceed two years from the date that the
4-21 order of suspension is entered.
4-22 (f) The appointed superintendent shall report annually to
4-23 the commissioner on the progress of the school district toward
4-24 meeting the requirements necessary to be rated for accreditation as
4-25 exemplary, recognized, or accredited as provided by Section 21.753
5-1 of this code.
5-2 (g) Based on the annual assessment of progress of the school
5-3 district, but no later than two years after the date that the order
5-4 of suspension is entered, the commissioner shall order that the
5-5 suspension be terminated or that the district be annexed under
5-6 Section 19.027 of this code.
5-7 (h) If the commissioner determines that the suspension
5-8 should be terminated, the appointed superintendent and the members
5-9 of the superintendent's staff shall continue to serve for a
5-10 one-year transition period.
5-11 (i) An appointed superintendent may apply to the
5-12 commissioner for an exemption for the school district from a
5-13 requirement or prohibition imposed under this code, including a
5-14 rule adopted under this code, other than a prohibition of conduct
5-15 that constitutes a criminal offense or a requirement or prohibition
5-16 included under Section 11.272(b) of this code.
5-17 Sec. 5.05. INSTITUTION OF HIGHER EDUCATION-ASSISTED SCHOOL
5-18 DISTRICT. (a) The commissioner of education may make a
5-19 determination:
5-20 (1) that a school district would benefit from the help
5-21 of an institution of higher education or from faculty members of
5-22 the institution or higher education if the institution of higher
5-23 education is near the school district; or
5-24 (2) that a school district would benefit from the help
5-25 of a private institution of higher education or from faculty
6-1 members of the private institution of higher education if the
6-2 private institution of higher education is near the school
6-3 district.
6-4 (b) If the commissioner of education makes a determination
6-5 authorized in Subsection (a), the institution of higher education
6-6 or the private institution of higher education is authorized to
6-7 provide the school district with assistance including educational
6-8 administrative support and instructional support. The school
6-9 district shall reimburse the institution of higher education or the
6-10 private institution of higher education for the costs of the
6-11 assistance.
6-12 Sec. 5.06. ADOPT A SCHOOL DISTRICT OR SCHOOL. (a) If an
6-13 institution of higher education has a college of education or other
6-14 division of the institution for which the primary responsibility of
6-15 the division is the training of the students to teach in schools,
6-16 then the college or division is encouraged to identify a school
6-17 district or school to assist in the manner as authorized by this
6-18 chapter.
6-19 (b) The college or division is encouraged to develop and
6-20 test new and innovative methods to teach at the identified school
6-21 district or school.
6-22 Sec. 5.07. COMMUNITY SERVICE ADVISORY COMMITTEE. (a) The
6-23 board shall appoint a nine-member advisory committee to advise the
6-24 board, the governor, and the legislature concerning the development
6-25 of a community service program for students of institutions of
7-1 higher education.
7-2 (b) The board shall select three members from among six
7-3 individuals that the governor recommends to the board. The board
7-4 shall select three members from among six individuals that the
7-5 lieutenant governor recommends to the board. The board shall
7-6 select three members from among six individuals that the speaker of
7-7 the house of representatives recommends to the board.
7-8 (c) The advisory committee shall include as ex officio
7-9 member the commissioner of the Central Education Agency.
7-10 (d) The board shall designate the presiding officer of the
7-11 advisory committee from among the nine members the board appoints.
7-12 (e) The advisory committee shall prepare a comprehensive
7-13 report on whether the legislature should adopt a community service
7-14 program for students of institutions of higher education. The
7-15 report should include discussion and recommendations on the
7-16 following:
7-17 (1) whether the state should require, authorize, or
7-18 not take any action concerning the development of a community
7-19 service program for graduate students of institutions of higher
7-20 education;
7-21 (2) whether the state should require, authorize, or
7-22 not take any action concerning the development of a community
7-23 service program for undergraduate students of institutions of
7-24 higher education;
7-25 (3) what types of community services should be
8-1 included in a community service program in addition to the
8-2 possibilities of the following: to assist a teacher in a school
8-3 district near the institution of higher education, to tutor
8-4 students in a school district near the institution of higher
8-5 education and to serve as a mentor to a student in a school
8-6 district near the institution of higher education;
8-7 (4) any priorities of emphasis among the types of
8-8 community services;
8-9 (5) how the community service program should be
8-10 established and administered;
8-11 (6) the amount and source of money needed to
8-12 adequately fund the community service program; and
8-13 (7) how the community service program would be
8-14 coordinated with a community service or similar program authorized
8-15 by federal law.
8-16 (f) A member of the advisory committee is not entitled to
8-17 compensation but is entitled to reimbursement for actual and
8-18 necessary expenses incurred in performing their official duties.
8-19 (g) The board shall provide staff and other support services
8-20 as needed by the advisory committee.
8-21 (h) The advisory committee shall submit the committee's
8-22 report described by Subsection (e) of this section to the board,
8-23 governor, and legislature not later than December 1, 1994.
8-24 (i) The advisory committee expires September 1, 1995.
8-25 (j) This section expires September 1, 1995.
9-1 SECTION 2. INITIAL APPOINTMENTS TO THE COMMUNITY SERVICE
9-2 ADVISORY COMMITTEE. (a) The governor, the lieutenant governor,
9-3 and the speaker of the house of representatives shall submit to the
9-4 Texas Higher Education Coordinating Board their recommendations for
9-5 initial appointments to the Community Service Advisory Committee
9-6 not later than the 31st day after the effective date of this
9-7 article.
9-8 (b) The Texas Higher Education Coordinating Board shall make
9-9 its appointments to the Community Service Advisory Committee not
9-10 later than the 62nd day after the effective date of this article.
9-11 SECTION 3. EFFECTIVE DATE. This Act takes effect September
9-12 1, 1993.
9-13 SECTION 4. EMERGENCY. The importance of this legislation
9-14 and the crowded condition of the calendars in both houses create an
9-15 emergency and an imperative public necessity that the
9-16 constitutional rule requiring bills to be read on three several
9-17 days in each house be suspended, and this rule is hereby suspended.