By: Haley S.B. No. 617
A BILL TO BE ENTITLED
AN ACT
1-1 relating to transfer of the functions of the Legislative Education
1-2 Board to the Legislative Budget Board and certain legislative
1-3 committees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 11.24, Education Code, is
1-6 amended to read as follows:
1-7 (a) In addition to performing its duties under the
1-8 constitution, the State Board of Education shall take actions
1-9 necessary to implement legislative policy for the public school
1-10 system of the state. The board shall include in the record of its
1-11 meetings the legislative authority for each action taken by the
1-12 board. The board shall consider any comments submitted by a
1-13 standing committee of the senate or house of representatives with
1-14 primary jurisdiction over the public school system <the Legislative
1-15 Education Board> on a proposed rule before voting on final adoption
1-16 of the rule. If the board is unsure of the legislative intent of
1-17 any legislative enactment, the board may request a joint meeting
1-18 with either or both of those committees <the Legislative Education
1-19 Board> to discuss the intent.
1-20 SECTION 2. Subsections (c), (e), and (h), Section 11.27,
1-21 Education Code, are amended to read as follows:
1-22 (c) Innovative program applications shall initially be
1-23 selected on a competitive, peer review basis by the program
1-24 advisory committee established under Section 11.271 of this code,
2-1 with final approval by the State Board of Education and, if the
2-2 program requires the expenditure of state funds, the Legislative
2-3 Budget <Education> Board.
2-4 (e) The approval by the State Board of Education of an
2-5 application under this section that requires the expenditure of
2-6 state funds is ineffective unless the Legislative Budget
2-7 <Education> Board approves the expenditure of state funds for the
2-8 program under the authority of Article XVI, Section 69, of the
2-9 Texas Constitution.
2-10 (h) The Central Education Agency shall evaluate each
2-11 program's effectiveness and shall report its findings to the
2-12 Legislative Budget <Education> Board and to the State Board of
2-13 Education not later than December 1 preceding each regular session
2-14 of the legislature.
2-15 SECTION 3. Subsections (d) and (i), Section 11.271,
2-16 Education Code, are amended to read as follows:
2-17 (d) Each fiscal year, the board, after deducting the cost of
2-18 administration not to exceed an amount set by appropriation, shall
2-19 make disbursements from the public education development fund to
2-20 the Educational Economic Policy Center in a total amount approved
2-21 by the Legislative Budget <Education> Board. The board shall
2-22 disburse the remainder of the fund to eligible school campuses.
2-23 (i) The Educational Economic Policy Committee shall appoint
2-24 a program advisory committee, composed of experts in policy
2-25 research and disciplines that represent the center's purposes, to
2-26 make recommendations to the State Board of Education and the
2-27 Legislative Budget <Education> Board on the use of the public
3-1 education development fund.
3-2 SECTION 4. Subsection (c), Section 11.272, Education Code,
3-3 is amended to read as follows:
3-4 (c) The Central Education Agency shall monitor and evaluate
3-5 deregulation of a school campus or district under this section and
3-6 Section 11.273 of this code and report annually on the effect of
3-7 deregulation on student achievement to the State Board of
3-8 Education, <the Legislative Education Board,> the governor, the
3-9 lieutenant governor, the speaker of the house of representatives,
3-10 and the standing committees of the senate and house of
3-11 representatives with primary jurisdiction over the public school
3-12 system <legislature>. The report must include a list of the
3-13 exemptions utilized and a review of the effectiveness of the
3-14 waivers and exemptions programs.
3-15 SECTION 5. Subsection (a), Section 11.29, Education Code, is
3-16 amended to read as follows:
3-17 (a) The commissioner of education shall adopt annually a
3-18 budget for operating the Foundation School Program, the Central
3-19 Education Agency, and other programs for which the State Board of
3-20 Education has responsibility. The budget shall be in accordance
3-21 with the amounts appropriated by the general appropriations act and
3-22 shall provide funds for the administration and operation of the
3-23 Central Education Agency and any other necessary expense. Before
3-24 adopting the budget, the commissioner shall:
3-25 (1) submit the budget to the State Board of Education
3-26 and the Legislative Budget <Education> Board for review and
3-27 comment; and
4-1 (2) after receiving the comments of those boards,
4-2 present the budget to the governor and the Legislative Budget
4-3 Board.
4-4 SECTION 6. Subsection (e), Section 14.044, Education Code,
4-5 is amended to read as follows:
4-6 (e) The governing board shall:
4-7 (1) employ an executive director for the center;
4-8 (2) adopt rules, subject to the approval of the State
4-9 Board of Education, for administration, operation, and management
4-10 of the center; and
4-11 (3) report annually on the operation, projects, and
4-12 fiscal affairs of the center to the governor's office, the
4-13 Legislative Budget <Education> Board, and the State Board of
4-14 Education.
4-15 SECTION 7. Subsection (c), Section 16.007, Education Code,
4-16 is amended to read as follows:
4-17 (c) The Central Education Agency shall report annually to
4-18 the Legislative Budget <Education> Board the financial status of
4-19 each county education district. The report shall include the total
4-20 state and local education revenues for each tier of the Foundation
4-21 School Program.
4-22 SECTION 8. Subsection (a), Section 16.008, Education Code,
4-23 is amended to read as follows:
4-24 (a) The Legislative Budget <Education> Board shall adopt
4-25 rules, subject to appropriate notice and opportunity for public
4-26 comment, for the calculation for each year of a biennium of the
4-27 qualified funding elements under Section 16.256(e) of this code
5-1 necessary to achieve the state policy under Section 16.001 of this
5-2 code not later than the 1994-1995 school year and for each school
5-3 year thereafter.
5-4 SECTION 9. Section 16.202, Education Code, is amended to
5-5 read as follows:
5-6 Sec. 16.202. Studies. On a biennial basis, the <Legislative
5-7 Education Board and the> Legislative Budget Board, with the
5-8 assistance of the Educational Economic Policy Center and the
5-9 Central Education Agency, shall complete each of the following
5-10 studies and develop recommended amounts where appropriate for each
5-11 year of the next biennium:
5-12 (1) a study of the fiscal neutrality of the system to
5-13 determine the status of the state and local finance system with
5-14 regard to the policies established under the provisions of Section
5-15 16.001 of this code, including recommendations for adjustments
5-16 necessary to maintain fiscal neutrality;
5-17 (2) the accountable costs per student to school
5-18 districts of providing educational programs, personnel, and other
5-19 operating costs that meet accreditation criteria and the provisions
5-20 of law and regulation;
5-21 (3) program cost differentials designed by program to
5-22 provide support for the added expense of high-cost courses or
5-23 programs for students participating in such courses or programs,
5-24 with the program funding level expressed as dollar amounts and as
5-25 weights applied to the adjusted basic allotment for the appropriate
5-26 year;
5-27 (4) transportation and career ladder allotments;
6-1 (5) the levels of tax effort necessary for each tier
6-2 of the Foundation School Program necessary to fulfill the
6-3 requirements of Sections 16.001 and 16.008 of this code; and
6-4 (6) capital outlay and debt service requirements and
6-5 formula elements for the requirements of Subchapter I of this
6-6 chapter or other provisions of this chapter.
6-7 SECTION 10. Section 16.203, Education Code, is amended to
6-8 read as follows:
6-9 Sec. 16.203. Procedures. (a) The program cost
6-10 differentials developed <jointly> by the <Legislative Education
6-11 Board and the> Legislative Budget Board shall be submitted to the
6-12 foundation school fund budget committee for adoption beginning with
6-13 the 1993-1994 school year. If the foundation school fund budget
6-14 committee fails to adopt by April 1 the program cost differentials
6-15 for the following school year, the commissioner of education, after
6-16 considering the recommendations developed by the Legislative Budget
6-17 Board <those boards>, shall adopt program cost differentials.
6-18 (b) The commissioner of education shall provide appropriate
6-19 assistance to the Legislative Budget Board <boards> for the
6-20 calculation of the various funding elements. Subject to review by
6-21 the Legislative Budget <Education> Board, the commissioner of
6-22 education shall retain from the allotments under Sections 16.102
6-23 and 16.103 of this code and Subchapter D of this chapter amounts
6-24 appropriate to finance necessary additional costs for the studies
6-25 required under this subchapter.
6-26 (c) The Legislative Budget Board <boards> may appoint
6-27 advisory committees to assist in the development of the various
7-1 funding elements and studies required under this subchapter.
7-2 Advisory committee members serve without compensation but are
7-3 entitled to reimbursement for actual and necessary expenses
7-4 incurred in the performance of their duties. Reimbursement shall
7-5 be from funds available under Subsection (b) of this section or
7-6 from other funds available to the board <boards>.
7-7 (d) In the studies relating to program cost differentials
7-8 the Legislative Budget Board <boards> shall give special
7-9 consideration to cost factors associated with class size,
7-10 laboratory expenses, materials, equipment, teacher training,
7-11 necessary salary supplementation, and special services related to
7-12 individual courses or groups of courses.
7-13 SECTION 11. Subsection (b), Section 16.204, Education Code,
7-14 is amended to read as follows:
7-15 (b) If the construction or operation of a significant new
7-16 naval military facility begins during a school year, the
7-17 <Legislative Education Board and the> Legislative Budget Board
7-18 shall recommend the adjustment of the basic allotment during that
7-19 school year to consider any impact of the facility on the cost of
7-20 education index of the districts in the impacted region.
7-21 SECTION 12. Subsection (d), Section 16.205, Education Code,
7-22 is amended to read as follows:
7-23 (d) Prior to the beginning of each regular session of the
7-24 legislature, the agency shall provide a report with recommendations
7-25 to the Legislative Budget <Education> Board and the legislature.
7-26 SECTION 13. Subsections (d) and (f), Section 16.256,
7-27 Education Code, are amended to read as follows:
8-1 (d) The foundation school fund budget committee shall adopt
8-2 rules for the calculation for each year of a biennium of the
8-3 qualified funding elements necessary to achieve the state funding
8-4 policy under Section 16.001 of this code not later than the
8-5 1994-1995 school year and for each year thereafter. In the
8-6 calculation of these funding elements, the committee shall consider
8-7 the report of the Legislative Budget <Education> Board prescribed
8-8 under Section 16.008 of this code.
8-9 (f) Beginning in 1992, not later than November 1 preceding
8-10 each regular session of the legislature, the foundation school fund
8-11 budget committee by rule shall adopt and report the equalized
8-12 funding elements calculated under this section to the commissioner
8-13 of education and the legislature. Before the committee adopts the
8-14 elements, the committee or the committee's designees shall hold a
8-15 public hearing on the recommendations of the Legislative Budget
8-16 <Education> Board.
8-17 SECTION 14. Subsection (b), Section 16.302, Education Code,
8-18 is amended to read as follows:
8-19 (b) Beginning with the 1993-1994 school year, if the program
8-20 cost differentials developed <jointly> by the <Legislative
8-21 Education Board and the> Legislative Budget Board under Section
8-22 16.203 of this code and the adjustments studied under Section
8-23 16.206 of this code are not adopted by the foundation school fund
8-24 budget committee or the commissioner of education, the amount
8-25 guaranteed under this section is an amount per student rather than
8-26 per weighted student and a school district's average daily
8-27 attendance ("ADA") under Section 16.006 of this code is substituted
9-1 for "WADA" in the formula under Subsection (a) of this section.
9-2 SECTION 15. Subsection (c), Section 20.941, Education Code,
9-3 is amended to read as follows:
9-4 (c) Before each regular session of the legislature, the
9-5 <Legislative Education Board, with the assistance of the>
9-6 Legislative Budget Board<,> shall review the taxable value of
9-7 property in each county education district and shall recommend
9-8 changes in the boundaries of the districts necessary to ensure that
9-9 no district has a taxable value of property in excess of $280,000
9-10 per weighted student in average daily attendance, or a value set by
9-11 the foundation school fund committee.
9-12 SECTION 16. Subsection (b), Section 21.041, Education Code,
9-13 as amended by Chapters 353 and 813, Acts of the 71st Legislature,
9-14 Regular Session, 1989, is amended to read as follows:
9-15 (b) The board of trustees of each school district shall
9-16 appoint one or more attendance committees to hear petitions for
9-17 class credit by students who are in attendance fewer than 80 days
9-18 during a semester. Each board may determine the number of
9-19 committees needed in the district and the composition of each
9-20 committee. The committees may give class credit to a student who
9-21 is in attendance fewer than 80 days during a semester because of
9-22 extenuating circumstances. Each local school board shall establish
9-23 guidelines to determine what constitutes extenuating circumstances,
9-24 subject to rules adopted by the State Board of Education, and shall
9-25 adopt policies establishing alternative ways for students to make
9-26 up work or regain credit lost because of absences. The State Board
9-27 of Education shall submit its rules adopted under this section to
10-1 the standing committees of the senate and house of representatives
10-2 with primary jurisdiction over the public school system
10-3 <Legislative Education Board> for review to ensure compliance with
10-4 legislative intent. A certified public school employee may not be
10-5 assigned additional instructional duties as a result of this
10-6 section outside of the regular workday unless the employee is
10-7 compensated for the duties at a reasonable rate of pay.
10-8 SECTION 17. Subsection (b), Section 21.5511, Education Code,
10-9 is amended to read as follows:
10-10 (b) Before adopting rules under this section, the board
10-11 shall consider the comments of the standing committees of the
10-12 senate and house of representatives with primary jurisdiction over
10-13 the public school system <Legislative Education Board> as required
10-14 under Section 11.24 of this code.
10-15 SECTION 18. Subsection (b), Section 21.5512, Education Code,
10-16 is amended to read as follows:
10-17 (b) Before adopting rules under this section, the board
10-18 shall consider the comments of the standing committees of the
10-19 senate and house of representatives with primary jurisdiction over
10-20 the public school system <Legislative Education Board> as required
10-21 under Section 11.24 of this code.
10-22 SECTION 19. Subsection (g), Section 21.5513, Education Code,
10-23 is amended to read as follows:
10-24 (g) Not later than the 30th day before the date on which a
10-25 regular session of the legislature convenes, <At each regular
10-26 meeting of the Legislative Education Board> the committee shall
10-27 report to the standing committees of the senate and house of
11-1 representatives with primary jurisdiction over the public school
11-2 system <board> its progress regarding:
11-3 (1) the essential knowledge and skills identified by
11-4 the committee for elementary and secondary students, including at a
11-5 minimum knowledge and skills in the areas of reading, writing,
11-6 speaking, mathematics, and critical thinking;
11-7 (2) a statewide assessment program developed by the
11-8 committee for elementary students that is primarily
11-9 performance-based, uses a variety of assessment methodologies to
11-10 determine if students have mastered the essential knowledge and
11-11 skills, and is designed to assess students in at least two
11-12 elementary grade levels;
11-13 (3) a statewide assessment program developed by the
11-14 committee for secondary students that is primarily
11-15 performance-based, uses a variety of assessment methodologies to
11-16 determine if students have mastered the essential knowledge and
11-17 skills, and provides criteria for a certificate of initial mastery;
11-18 (4) recommendations for appropriate uses by public
11-19 schools and school districts of the results of the statewide
11-20 assessment programs;
11-21 (5) recommendations for changes to state laws and
11-22 rules, school district policies, budget procedures, and other
11-23 factors that inhibit schools from adopting strategies designed to
11-24 ensure that students achieve the essential knowledge and skills;
11-25 (6) recommendations for accurate and fair indicators
11-26 to measure the level of student learning in public schools and
11-27 school districts and measures that would assist public schools and
12-1 school districts in which student learning is below expected levels
12-2 of performance;
12-3 (7) recommendations for modifying college and
12-4 university entrance requirements that inhibit public schools from
12-5 adopting strategies that are designed to ensure that students
12-6 achieve the essential knowledge and skills;
12-7 (8) the time, support, and resources, including
12-8 technical assistance, that the committee determines to be necessary
12-9 for public schools and school districts to ensure that students
12-10 achieve the essential knowledge and skills; and
12-11 (9) recommendations for replacing course or class
12-12 credit requirements with requirements for core competencies,
12-13 including critical thinking skills, for the purpose of improving
12-14 and evaluating student performance.
12-15 SECTION 20. Subsection (i), Section 21.557, Education Code,
12-16 is amended to read as follows:
12-17 (i) Each school district shall maintain on file and
12-18 expeditiously make available on the request of a member of the
12-19 general public a copy of the report describing the district's
12-20 overall compensatory education program for educationally
12-21 disadvantaged students. The report must include sufficient detail
12-22 to describe the overall compensatory education program offered on
12-23 each campus and the activities and services provided on each campus
12-24 from each funding source. The commissioner of education shall
12-25 develop model report formats that districts may use for the report.
12-26 The model formats must be designed to be easily understood by a
12-27 member of the general public and may not be overly burdensome for
13-1 districts to prepare. The commissioner shall submit the model
13-2 formats to the standing committees of the senate and house of
13-3 representatives with primary jurisdiction over the public school
13-4 system <Legislative Education Board> for comment and may not
13-5 distribute the formats until the commissioner has received and
13-6 considered those comments. Each school district shall prepare and
13-7 periodically update the description of the district's compensatory
13-8 education program to accurately reflect the programs and services
13-9 currently provided to educationally disadvantaged students.
13-10 SECTION 21. Subsections (a) and (e), Section 21.7531,
13-11 Education Code, are amended to read as follows:
13-12 (a) The State Board of Education, on the advice of the
13-13 academic excellence indicators advisory committee, the educational
13-14 excellence committee, and the standing committees of the senate and
13-15 house of representatives with primary jurisdiction over the public
13-16 school system <Legislative Education Board>, shall adopt a set of
13-17 indicators of the quality of learning on a campus and other
13-18 performance standards. The board biennially shall review the
13-19 indicators for the consideration of appropriate revisions.
13-20 (e) The Educational Economic Policy Center shall biennially
13-21 review the indicators adopted under this section and recommend
13-22 changes in those indicators to the State Board of Education and the
13-23 standing committees of the senate and house of representatives with
13-24 primary jurisdiction over the public school system <Legislative
13-25 Education Board>.
13-26 SECTION 22. Subsections (a) and (c), Section 21.758,
13-27 Education Code, are amended to read as follows:
14-1 (a) The commissioner of education may order the suspension
14-2 of the powers of the board of trustees of a school district if the
14-3 school district has been rated academically unaccredited for a
14-4 period of one year. The commissioner shall immediately inform the
14-5 standing committees of the senate and house of representatives with
14-6 primary jurisdiction over the public school system <Legislative
14-7 Education Board> of the commissioner's decision to order the
14-8 suspension.
14-9 (c) The appointed superintendent shall report annually to
14-10 the commissioner on the progress of the school district toward
14-11 meeting the requirements necessary for accreditation. The
14-12 commissioner shall report to the standing committees of the senate
14-13 and house of representatives with primary jurisdiction over the
14-14 public school system <Legislative Education Board> annually on the
14-15 district's progress.
14-16 SECTION 23. Subsection (g), Section 34.052, Education Code,
14-17 is amended to read as follows:
14-18 (g) The committee shall report to the Legislative Budget
14-19 Board <Legislative Education Board> at least once a year. The
14-20 committee shall also report to the governor, the State Board of
14-21 Education, the Texas Higher Education Coordinating Board, and the
14-22 legislature before the convening of each regular session.
14-23 SECTION 24. Chapter 322, Government Code, is amended by
14-24 adding Section 322.013 to read as follows:
14-25 Sec. 322.013. REVIEW OF EDUCATIONAL POLICY IMPLEMENTATION.
14-26 (a) The standing committees of the senate and house of
14-27 representatives with primary jurisdiction over the public school
15-1 system shall oversee and review the implementation of legislative
15-2 education policy by state agencies that have the statutory duty to
15-3 implement that policy, including policy relating to:
15-4 (1) fiscal matters;
15-5 (2) academic expectations; and
15-6 (3) evaluation of program cost-effectiveness.
15-7 (b) The committees shall periodically review the actions or
15-8 proposed actions of the State Board of Education for the purpose of
15-9 ensuring compliance with legislative intent. If a committee
15-10 determines that any action or proposed action of the State Board of
15-11 Education conflicts with legislative educational policy, the
15-12 committee shall submit its comments on the conflict to the State
15-13 Board of Education in writing. If a committee determines that a
15-14 final action of the board conflicts with the intent of legislative
15-15 educational policy, the committee may:
15-16 (1) request additional information from the State
15-17 Board of Education relating to the intent of the board's action;
15-18 (2) request a joint meeting with the State Board of
15-19 Education to discuss the conflict between the action and
15-20 legislative educational policy;
15-21 (3) request that the State Board of Education
15-22 reconsider its action; or
15-23 (4) notify the governor, lieutenant governor, speaker
15-24 of the house, and the legislature of the conflict presented.
15-25 (c) The board shall assist the committees in administering
15-26 this section.
15-27 (d) For purposes of carrying out its duties, the board may
16-1 administer oaths and issue subpoenas, signed by the chairman or
16-2 vice-chairman, to compel the attendance of witnesses and the
16-3 production of books, records, and documents. A subpoena of the
16-4 board shall be served by a peace officer in the manner in which
16-5 district court subpoenas are served. On application of the board,
16-6 a district court of Travis County shall compel compliance with a
16-7 subpoena issued by the board in the same manner as for district
16-8 court subpoenas.
16-9 SECTION 25. (a) The Legislative Education Board is
16-10 abolished.
16-11 (b) Chapter 327, Government Code, is repealed.
16-12 (c) Any reference in a law not amended by this Act to the
16-13 Legislative Education Board means the Legislative Budget Board.
16-14 (d) A rule adopted by the Legislative Education Board that
16-15 is in effect on the effective date of this Act is considered to
16-16 have been adopted by the Legislative Budget Board until amended,
16-17 repealed, or superseded by the Legislative Budget Board.
16-18 (e) An action taken by the Legislative Education Board
16-19 before the effective date of this Act has the same effect as an
16-20 action of the Legislative Budget Board or legislative committee to
16-21 which the authority for that action is transferred by this Act.
16-22 (f) The personnel, property, records, and funds of the
16-23 Legislative Education Board are transferred to the Legislative
16-24 Budget Board.
16-25 SECTION 26. This Act takes effect September 1, 1993.
16-26 SECTION 27. The importance of this legislation and the
16-27 crowded condition of the calendars in both houses create an
17-1 emergency and an imperative public necessity that the
17-2 constitutional rule requiring bills to be read on three several
17-3 days in each house be suspended, and this rule is hereby suspended.