By: Haley S.B. No. 617
73R2489 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to transfer of the functions of the Legislative Education
1-3 Board to the Legislative Budget Board.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.24(a), Education Code, is amended to
1-6 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 the
1-13 Legislative Budget Board <Legislative Education Board> on a
1-14 proposed rule before voting on final adoption of the rule. If the
1-15 board is unsure of the legislative intent of any legislative
1-16 enactment, the board may request a joint meeting with the
1-17 Legislative Budget Board <Legislative Education Board> to discuss
1-18 the intent.
1-19 SECTION 2. Sections 11.27(c), (e), and (h), Education Code,
1-20 are amended to read as follows:
1-21 (c) Innovative program applications shall initially be
1-22 selected on a competitive, peer review basis by the program
1-23 advisory committee established under Section 11.271 of this code,
1-24 with final approval by the State Board of Education and, if the
2-1 program requires the expenditure of state funds, the Legislative
2-2 Budget Board <Legislative Education Board>.
2-3 (e) The approval by the State Board of Education of an
2-4 application under this section that requires the expenditure of
2-5 state funds is ineffective unless the Legislative Budget Board
2-6 <Legislative Education Board> approves the expenditure of state
2-7 funds for the program under the authority of Article XVI, Section
2-8 69, of the Texas Constitution.
2-9 (h) The Central Education Agency shall evaluate each
2-10 program's effectiveness and shall report its findings to the
2-11 Legislative Budget Board <Legislative Education Board> and to the
2-12 State Board of Education not later than December 1 preceding each
2-13 regular session of the legislature.
2-14 SECTION 3. Sections 11.271(d) and (i), Education Code, are
2-15 amended to read as follows:
2-16 (d) Each fiscal year, the board, after deducting the cost of
2-17 administration not to exceed an amount set by appropriation, shall
2-18 make disbursements from the public education development fund to
2-19 the Educational Economic Policy Center in a total amount approved
2-20 by the Legislative Budget Board <Legislative Education Board>. The
2-21 board shall disburse the remainder of the fund to eligible school
2-22 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 Board <Legislative Education Board> on the use
3-1 of the public education development fund.
3-2 SECTION 4. Section 11.272(c), Education Code, is amended to
3-3 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 Budget Board <Legislative Education
3-9 Board>, the governor, the lieutenant governor, the speaker of the
3-10 house of representatives, and the legislature. The report must
3-11 include a list of the exemptions utilized and a review of the
3-12 effectiveness of the waivers and exemptions programs.
3-13 SECTION 5. Section 11.29(a), Education Code, is amended to
3-14 read as follows:
3-15 (a) The commissioner of education shall adopt annually a
3-16 budget for operating the Foundation School Program, the Central
3-17 Education Agency, and other programs for which the State Board of
3-18 Education has responsibility. The budget shall be in accordance
3-19 with the amounts appropriated by the general appropriations act and
3-20 shall provide funds for the administration and operation of the
3-21 Central Education Agency and any other necessary expense. Before
3-22 adopting the budget, the commissioner shall:
3-23 (1) submit the budget to the State Board of Education
3-24 and the Legislative Budget Board <Legislative Education Board> for
3-25 review and comment; and
3-26 (2) after receiving the comments of those boards,
3-27 present the budget to the governor and the Legislative Budget
4-1 Board.
4-2 SECTION 6. Section 14.044(e), Education Code, is amended to
4-3 read as follows:
4-4 (e) The governing board shall:
4-5 (1) employ an executive director for the center;
4-6 (2) adopt rules, subject to the approval of the State
4-7 Board of Education, for administration, operation, and management
4-8 of the center; and
4-9 (3) report annually on the operation, projects, and
4-10 fiscal affairs of the center to the governor's office, the
4-11 Legislative Budget Board <Legislative Education Board>, and the
4-12 State Board of Education.
4-13 SECTION 7. Section 16.007(c), Education Code, is amended to
4-14 read as follows:
4-15 (c) The Central Education Agency shall report annually to
4-16 the Legislative Budget Board <Legislative Education Board> the
4-17 financial status of each county education district. The report
4-18 shall include the total state and local education revenues for each
4-19 tier of the Foundation School Program.
4-20 SECTION 8. Section 16.008(a), Education Code, is amended to
4-21 read as follows:
4-22 (a) The Legislative Budget Board <Legislative Education
4-23 Board> shall adopt rules, subject to appropriate notice and
4-24 opportunity for public comment, for the calculation for each year
4-25 of a biennium of the qualified funding elements under Section
4-26 16.256(e) of this code necessary to achieve the state policy under
4-27 Section 16.001 of this code not later than the 1994-1995 school
5-1 year and for each school year thereafter.
5-2 SECTION 9. Section 16.202, Education Code, is amended to
5-3 read as follows:
5-4 Sec. 16.202. Studies. On a biennial basis, the <Legislative
5-5 Education Board and the> Legislative Budget Board, with the
5-6 assistance of the Educational Economic Policy Center and the
5-7 Central Education Agency, shall complete each of the following
5-8 studies and develop recommended amounts where appropriate for each
5-9 year of the next biennium:
5-10 (1) a study of the fiscal neutrality of the system to
5-11 determine the status of the state and local finance system with
5-12 regard to the policies established under the provisions of Section
5-13 16.001 of this code, including recommendations for adjustments
5-14 necessary to maintain fiscal neutrality;
5-15 (2) the accountable costs per student to school
5-16 districts of providing educational programs, personnel, and other
5-17 operating costs that meet accreditation criteria and the provisions
5-18 of law and regulation;
5-19 (3) program cost differentials designed by program to
5-20 provide support for the added expense of high-cost courses or
5-21 programs for students participating in such courses or programs,
5-22 with the program funding level expressed as dollar amounts and as
5-23 weights applied to the adjusted basic allotment for the appropriate
5-24 year;
5-25 (4) transportation and career ladder allotments;
5-26 (5) the levels of tax effort necessary for each tier
5-27 of the Foundation School Program necessary to fulfill the
6-1 requirements of Sections 16.001 and 16.008 of this code; and
6-2 (6) capital outlay and debt service requirements and
6-3 formula elements for the requirements of Subchapter I of this
6-4 chapter or other provisions of this chapter.
6-5 SECTION 10. Section 16.203, Education Code, is amended to
6-6 read as follows:
6-7 Sec. 16.203. Procedures. (a) The program cost
6-8 differentials developed <jointly> by the <Legislative Education
6-9 Board and the> Legislative Budget Board shall be submitted to the
6-10 foundation school fund budget committee for adoption beginning with
6-11 the 1993-1994 school year. If the foundation school fund budget
6-12 committee fails to adopt by April 1 the program cost differentials
6-13 for the following school year, the commissioner of education, after
6-14 considering the recommendations developed by the Legislative Budget
6-15 Board <those boards>, shall adopt program cost differentials.
6-16 (b) The commissioner of education shall provide appropriate
6-17 assistance to the Legislative Budget Board <boards> for the
6-18 calculation of the various funding elements. Subject to review by
6-19 the Legislative Budget Board <Legislative Education Board>, the
6-20 commissioner of education shall retain from the allotments under
6-21 Sections 16.102 and 16.103 of this code and Subchapter D of this
6-22 chapter amounts appropriate to finance necessary additional costs
6-23 for the studies required under this subchapter.
6-24 (c) The Legislative Budget Board <boards> may appoint
6-25 advisory committees to assist in the development of the various
6-26 funding elements and studies required under this subchapter.
6-27 Advisory committee members serve without compensation but are
7-1 entitled to reimbursement for actual and necessary expenses
7-2 incurred in the performance of their duties. Reimbursement shall
7-3 be from funds available under Subsection (b) of this section or
7-4 from other funds available to the board <boards>.
7-5 (d) In the studies relating to program cost differentials
7-6 the Legislative Budget Board <boards> shall give special
7-7 consideration to cost factors associated with class size,
7-8 laboratory expenses, materials, equipment, teacher training,
7-9 necessary salary supplementation, and special services related to
7-10 individual courses or groups of courses.
7-11 SECTION 11. Section 16.204(b), Education Code, is amended to
7-12 read as follows:
7-13 (b) If the construction or operation of a significant new
7-14 naval military facility begins during a school year, the
7-15 <Legislative Education Board and the> Legislative Budget Board
7-16 shall recommend the adjustment of the basic allotment during that
7-17 school year to consider any impact of the facility on the cost of
7-18 education index of the districts in the impacted region.
7-19 SECTION 12. Section 16.205(d), Education Code, is amended to
7-20 read as follows:
7-21 (d) Prior to the beginning of each regular session of the
7-22 legislature, the agency shall provide a report with recommendations
7-23 to the Legislative Budget Board <Legislative Education Board> and
7-24 the legislature.
7-25 SECTION 13. Sections 16.256(d) and (f), Education Code, are
7-26 amended to read as follows:
7-27 (d) The foundation school fund budget committee shall adopt
8-1 rules for the calculation for each year of a biennium of the
8-2 qualified funding elements necessary to achieve the state funding
8-3 policy under Section 16.001 of this code not later than the
8-4 1994-1995 school year and for each year thereafter. In the
8-5 calculation of these funding elements, the committee shall consider
8-6 the report of the Legislative Budget Board <Legislative Education
8-7 Board> prescribed under Section 16.008 of this code.
8-8 (f) Beginning in 1992, not later than November 1 preceding
8-9 each regular session of the legislature, the foundation school fund
8-10 budget committee by rule shall adopt and report the equalized
8-11 funding elements calculated under this section to the commissioner
8-12 of education and the legislature. Before the committee adopts the
8-13 elements, the committee or the committee's designees shall hold a
8-14 public hearing on the recommendations of the Legislative Budget
8-15 Board <Legislative Education Board>.
8-16 SECTION 14. Section 16.302(b), Education Code, is amended to
8-17 read as follows:
8-18 (b) Beginning with the 1993-1994 school year, if the program
8-19 cost differentials developed <jointly> by the <Legislative
8-20 Education Board and the> Legislative Budget Board under Section
8-21 16.203 of this code and the adjustments studied under Section
8-22 16.206 of this code are not adopted by the foundation school fund
8-23 budget committee or the commissioner of education, the amount
8-24 guaranteed under this section is an amount per student rather than
8-25 per weighted student and a school district's average daily
8-26 attendance ("ADA") under Section 16.006 of this code is substituted
8-27 for "WADA" in the formula under Subsection (a) of this section.
9-1 SECTION 15. Section 20.941(c), Education Code, is amended to
9-2 read as follows:
9-3 (c) Before each regular session of the legislature, the
9-4 <Legislative Education Board, with the assistance of the>
9-5 Legislative Budget Board<,> shall review the taxable value of
9-6 property in each county education district and shall recommend
9-7 changes in the boundaries of the districts necessary to ensure that
9-8 no district has a taxable value of property in excess of $280,000
9-9 per weighted student in average daily attendance, or a value set by
9-10 the foundation school fund committee.
9-11 SECTION 16. Section 21.041(b), Education Code, as amended by
9-12 Chapters 353 and 813, Acts of the 71st Legislature, Regular
9-13 Session, 1989, is amended to read as follows:
9-14 (b) The board of trustees of each school district shall
9-15 appoint one or more attendance committees to hear petitions for
9-16 class credit by students who are in attendance fewer than 80 days
9-17 during a semester. Each board may determine the number of
9-18 committees needed in the district and the composition of each
9-19 committee. The committees may give class credit to a student who
9-20 is in attendance fewer than 80 days during a semester because of
9-21 extenuating circumstances. Each local school board shall establish
9-22 guidelines to determine what constitutes extenuating circumstances,
9-23 subject to rules adopted by the State Board of Education, and shall
9-24 adopt policies establishing alternative ways for students to make
9-25 up work or regain credit lost because of absences. The State Board
9-26 of Education shall submit its rules adopted under this section to
9-27 the Legislative Budget Board <Legislative Education Board> for
10-1 review to ensure compliance with legislative intent. A certified
10-2 public school employee may not be assigned additional instructional
10-3 duties as a result of this section outside of the regular workday
10-4 unless the employee is compensated for the duties at a reasonable
10-5 rate of pay.
10-6 SECTION 17. Section 21.5511(b), Education Code, is amended
10-7 to read as follows:
10-8 (b) Before adopting rules under this section, the board
10-9 shall consider the comments of the Legislative Budget Board
10-10 <Legislative Education Board> as required under Section 11.24 of
10-11 this code.
10-12 SECTION 18. Section 21.5512(b), Education Code, is amended
10-13 to read as follows:
10-14 (b) Before adopting rules under this section, the board
10-15 shall consider the comments of the Legislative Budget Board
10-16 <Legislative Education Board> as required under Section 11.24 of
10-17 this code.
10-18 SECTION 19. Section 21.5513(g), Education Code, is amended
10-19 to read as follows:
10-20 (g) At the direction of the Legislative Budget Board, <each
10-21 regular meeting of the Legislative Education Board> the committee
10-22 shall report to the board its progress regarding:
10-23 (1) the essential knowledge and skills identified by
10-24 the committee for elementary and secondary students, including at a
10-25 minimum knowledge and skills in the areas of reading, writing,
10-26 speaking, mathematics, and critical thinking;
10-27 (2) a statewide assessment program developed by the
11-1 committee for elementary students that is primarily
11-2 performance-based, uses a variety of assessment methodologies to
11-3 determine if students have mastered the essential knowledge and
11-4 skills, and is designed to assess students in at least two
11-5 elementary grade levels;
11-6 (3) a statewide assessment program developed by the
11-7 committee for secondary students that is primarily
11-8 performance-based, uses a variety of assessment methodologies to
11-9 determine if students have mastered the essential knowledge and
11-10 skills, and provides criteria for a certificate of initial mastery;
11-11 (4) recommendations for appropriate uses by public
11-12 schools and school districts of the results of the statewide
11-13 assessment programs;
11-14 (5) recommendations for changes to state laws and
11-15 rules, school district policies, budget procedures, and other
11-16 factors that inhibit schools from adopting strategies designed to
11-17 ensure that students achieve the essential knowledge and skills;
11-18 (6) recommendations for accurate and fair indicators
11-19 to measure the level of student learning in public schools and
11-20 school districts and measures that would assist public schools and
11-21 school districts in which student learning is below expected levels
11-22 of performance;
11-23 (7) recommendations for modifying college and
11-24 university entrance requirements that inhibit public schools from
11-25 adopting strategies that are designed to ensure that students
11-26 achieve the essential knowledge and skills;
11-27 (8) the time, support, and resources, including
12-1 technical assistance, that the committee determines to be necessary
12-2 for public schools and school districts to ensure that students
12-3 achieve the essential knowledge and skills; and
12-4 (9) recommendations for replacing course or class
12-5 credit requirements with requirements for core competencies,
12-6 including critical thinking skills, for the purpose of improving
12-7 and evaluating student performance.
12-8 SECTION 20. Section 21.557(i), Education Code, is amended to
12-9 read as follows:
12-10 (i) Each school district shall maintain on file and
12-11 expeditiously make available on the request of a member of the
12-12 general public a copy of the report describing the district's
12-13 overall compensatory education program for educationally
12-14 disadvantaged students. The report must include sufficient detail
12-15 to describe the overall compensatory education program offered on
12-16 each campus and the activities and services provided on each campus
12-17 from each funding source. The commissioner of education shall
12-18 develop model report formats that districts may use for the report.
12-19 The model formats must be designed to be easily understood by a
12-20 member of the general public and may not be overly burdensome for
12-21 districts to prepare. The commissioner shall submit the model
12-22 formats to the Legislative Budget Board <Legislative Education
12-23 Board> for comment and may not distribute the formats until the
12-24 commissioner has received and considered those comments. Each
12-25 school district shall prepare and periodically update the
12-26 description of the district's compensatory education program to
12-27 accurately reflect the programs and services currently provided to
13-1 educationally disadvantaged students.
13-2 SECTION 21. Sections 21.7531(a) and (e), Education Code, are
13-3 amended to read as follows:
13-4 (a) The State Board of Education, on the advice of the
13-5 academic excellence indicators advisory committee, the educational
13-6 excellence committee, and the Legislative Budget Board <Legislative
13-7 Education Board>, shall adopt a set of indicators of the quality of
13-8 learning on a campus and other performance standards. The board
13-9 biennially shall review the indicators for the consideration of
13-10 appropriate revisions.
13-11 (e) The Educational Economic Policy Center shall biennially
13-12 review the indicators adopted under this section and recommend
13-13 changes in those indicators to the State Board of Education and the
13-14 Legislative Budget Board <Legislative Education Board>.
13-15 SECTION 22. Sections 21.758(a) and (c), Education Code, are
13-16 amended to read as follows:
13-17 (a) The commissioner of education may order the suspension
13-18 of the powers of the board of trustees of a school district if the
13-19 school district has been rated academically unaccredited for a
13-20 period of one year. The commissioner shall immediately inform the
13-21 Legislative Budget Board <Legislative Education Board> of the
13-22 commissioner's decision to order the suspension.
13-23 (c) The appointed superintendent shall report annually to
13-24 the commissioner on the progress of the school district toward
13-25 meeting the requirements necessary for accreditation. The
13-26 commissioner shall report to the Legislative Budget Board
13-27 <Legislative Education Board> annually on the district's progress.
14-1 SECTION 23. Section 34.052(g), Education Code, is amended to
14-2 read as follows:
14-3 (g) The committee shall report to the Legislative Budget
14-4 Board <Legislative Education Board> at least once a year. The
14-5 committee shall also report to the governor, the State Board of
14-6 Education, the Texas Higher Education Coordinating Board, and the
14-7 legislature before the convening of each regular session.
14-8 SECTION 24. Chapter 322, Government Code, is amended by
14-9 adding Section 322.013 to read as follows:
14-10 Sec. 322.013. REVIEW OF EDUCATIONAL POLICY IMPLEMENTATION.
14-11 (a) The board shall oversee and review the implementation of
14-12 legislative education policy by state agencies that have the
14-13 statutory duty to implement that policy, including policy relating
14-14 to:
14-15 (1) fiscal matters;
14-16 (2) academic expectations; and
14-17 (3) evaluation of program cost-effectiveness.
14-18 (b) The board shall periodically review the actions or
14-19 proposed actions of the State Board of Education for the purpose of
14-20 ensuring compliance with legislative intent.
14-21 If the board determines that any action or proposed action of
14-22 the State Board of Education conflicts with legislative educational
14-23 policy, the board shall submit its comments on the conflict to the
14-24 State Board of Education in writing.
14-25 If the board determines that a final action of the board
14-26 conflicts with the intent of legislative educational policy, the
14-27 board may:
15-1 (1) request additional information from the State
15-2 Board of Education relating to the intent of the board's action;
15-3 (2) request a joint meeting with the State Board of
15-4 Education to discuss the conflict between the action and
15-5 legislative educational policy;
15-6 (3) request that the State Board of Education
15-7 reconsider its action; or
15-8 (4) notify the governor, lieutenant governor, speaker
15-9 of the house, and the legislature of the conflict presented.
15-10 (c) The board shall make recommendations to the legislature
15-11 concerning needed changes in legislative education policy.
15-12 (d) The board may appoint advisory committees composed of
15-13 citizens of the state to advise the board in the discharge of the
15-14 board's duties. A member of an advisory committee appointed under
15-15 this section serves without compensation but is entitled to
15-16 reimbursement for actual expenses incurred in the performance of
15-17 the member's duties.
15-18 (e) For purposes of carrying out its duties, the board may
15-19 administer oaths and issue subpoenas, signed by the chairman or
15-20 vice-chairman, to compel the attendance of witnesses and the
15-21 production of books, records, and documents. A subpoena of the
15-22 board shall be served by a peace officer in the manner in which
15-23 district court subpoenas are served. On application of the board,
15-24 a district court of Travis County shall compel compliance with a
15-25 subpoena issued by the board in the same manner as for district
15-26 court subpoenas.
15-27 SECTION 25. (a) The Legislative Education Board is
16-1 abolished.
16-2 (b) Chapter 327, Government Code, is repealed.
16-3 (c) Any reference in law to the Legislative Education Board
16-4 means the Legislative Budget Board.
16-5 (d) A rule adopted by the Legislative Education Board that
16-6 is in effect on the effective date of this Act is considered to
16-7 have been adopted by the Legislative Budget Board until amended,
16-8 repealed, or superseded by the Legislative Budget Board.
16-9 (e) An action taken by the Legislative Education Board
16-10 before the effective date of this Act has the same effect as an
16-11 action of the Legislative Budget Board.
16-12 (f) The personnel, property, records, and funds of the
16-13 Legislative Education Board are transferred to the Legislative
16-14 Budget Board.
16-15 SECTION 26. This Act takes effect September 1, 1993.
16-16 SECTION 27. The importance of this legislation and the
16-17 crowded condition of the calendars in both houses create an
16-18 emergency and an imperative public necessity that the
16-19 constitutional rule requiring bills to be read on three several
16-20 days in each house be suspended, and this rule is hereby suspended.