1-1 By: Haley S.B. No. 617
1-2 (In the Senate - Filed March 4, 1993; March 4, 1993, read
1-3 first time and referred to Committee on Education; May 6, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 9, Nays 0; May 6, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Ratliff x
1-9 Haley x
1-10 Barrientos x
1-11 Bivins x
1-12 Harris of Tarrant x
1-13 Luna x
1-14 Montford x
1-15 Shapiro x
1-16 Sibley x
1-17 Turner x
1-18 Zaffirini x
1-19 COMMITTEE SUBSTITUTE FOR S.B. No. 617 By: Haley
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to transfer of the functions of the Legislative Education
1-23 Board to the Legislative Budget Board and certain legislative
1-24 committees.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Subsection (a), Section 11.24, Education Code, is
1-27 amended to read as follows:
1-28 (a) In addition to performing its duties under the
1-29 constitution, the State Board of Education shall take actions
1-30 necessary to implement legislative policy for the public school
1-31 system of the state. The board shall include in the record of its
1-32 meetings the legislative authority for each action taken by the
1-33 board. The board shall consider any comments submitted by a
1-34 standing committee of the senate or house of representatives with
1-35 primary jurisdiction over the public school system <the Legislative
1-36 Education Board> on a proposed rule before voting on final adoption
1-37 of the rule. If the board is unsure of the legislative intent of
1-38 any legislative enactment, the board may request a joint meeting
1-39 with either or both of those committees <the Legislative Education
1-40 Board> to discuss the intent.
1-41 SECTION 2. Subsections (c), (e), and (h), Section 11.27,
1-42 Education Code, are amended to read as follows:
1-43 (c) Innovative program applications shall initially be
1-44 selected on a competitive, peer review basis by the program
1-45 advisory committee established under Section 11.271 of this code,
1-46 with final approval by the State Board of Education and, if the
1-47 program requires the expenditure of state funds, the Legislative
1-48 Budget <Education> Board.
1-49 (e) The approval by the State Board of Education of an
1-50 application under this section that requires the expenditure of
1-51 state funds is ineffective unless the Legislative Budget
1-52 <Education> Board approves the expenditure of state funds for the
1-53 program under the authority of Article XVI, Section 69, of the
1-54 Texas Constitution.
1-55 (h) The Central Education Agency shall evaluate each
1-56 program's effectiveness and shall report its findings to the
1-57 Legislative Budget <Education> Board and to the State Board of
1-58 Education not later than December 1 preceding each regular session
1-59 of the legislature.
1-60 SECTION 3. Subsections (d) and (i), Section 11.271,
1-61 Education Code, are amended to read as follows:
1-62 (d) Each fiscal year, the board, after deducting the cost of
1-63 administration not to exceed an amount set by appropriation, shall
1-64 make disbursements from the public education development fund to
1-65 the Educational Economic Policy Center in a total amount approved
1-66 by the Legislative Budget <Education> Board. The board shall
1-67 disburse the remainder of the fund to eligible school campuses.
1-68 (i) The Educational Economic Policy Committee shall appoint
2-1 a program advisory committee, composed of experts in policy
2-2 research and disciplines that represent the center's purposes, to
2-3 make recommendations to the State Board of Education and the
2-4 Legislative Budget <Education> Board on the use of the public
2-5 education development fund.
2-6 SECTION 4. Subsection (c), Section 11.272, Education Code,
2-7 is amended to read as follows:
2-8 (c) The Central Education Agency shall monitor and evaluate
2-9 deregulation of a school campus or district under this section and
2-10 Section 11.273 of this code and report annually on the effect of
2-11 deregulation on student achievement to the State Board of
2-12 Education, <the Legislative Education Board>, the governor, the
2-13 lieutenant governor, the speaker of the house of representatives,
2-14 and the standing committees of the senate and house of
2-15 representatives with primary jurisdiction over the public school
2-16 system <legislature>. The report must include a list of the
2-17 exemptions utilized and a review of the effectiveness of the
2-18 waivers and exemptions programs.
2-19 SECTION 5. Subsection (a), Section 11.29, Education Code, is
2-20 amended to read as follows:
2-21 (a) The commissioner of education shall adopt annually a
2-22 budget for operating the Foundation School Program, the Central
2-23 Education Agency, and other programs for which the State Board of
2-24 Education has responsibility. The budget shall be in accordance
2-25 with the amounts appropriated by the general appropriations act and
2-26 shall provide funds for the administration and operation of the
2-27 Central Education Agency and any other necessary expense. Before
2-28 adopting the budget, the commissioner shall:
2-29 (1) submit the budget to the State Board of Education
2-30 and the Legislative Budget <Education> Board for review and
2-31 comment; and
2-32 (2) after receiving the comments of those boards,
2-33 present the budget to the governor and the Legislative Budget
2-34 Board.
2-35 SECTION 6. Subsection (e), Section 14.044, Education Code,
2-36 is amended to read as follows:
2-37 (e) The governing board shall:
2-38 (1) employ an executive director for the center;
2-39 (2) adopt rules, subject to the approval of the State
2-40 Board of Education, for administration, operation, and management
2-41 of the center; and
2-42 (3) report annually on the operation, projects, and
2-43 fiscal affairs of the center to the governor's office, the
2-44 Legislative Budget <Education> Board, and the State Board of
2-45 Education.
2-46 SECTION 7. Subsection (c), Section 16.007, Education Code,
2-47 is amended to read as follows:
2-48 (c) The Central Education Agency shall report annually to
2-49 the Legislative Budget <Education> Board the financial status of
2-50 each county education district. The report shall include the total
2-51 state and local education revenues for each tier of the Foundation
2-52 School Program.
2-53 SECTION 8. Subsection (a), Section 16.008, Education Code,
2-54 is amended to read as follows:
2-55 (a) The Legislative Budget <Education> Board shall adopt
2-56 rules, subject to appropriate notice and opportunity for public
2-57 comment, for the calculation for each year of a biennium of the
2-58 qualified funding elements under Section 16.256(e) of this code
2-59 necessary to achieve the state policy under Section 16.001 of this
2-60 code not later than the 1994-1995 school year and for each school
2-61 year thereafter.
2-62 SECTION 9. Section 16.202, Education Code, is amended to
2-63 read as follows:
2-64 Sec. 16.202. Studies. On a biennial basis, the <Legislative
2-65 Education Board and the> Legislative Budget Board, with the
2-66 assistance of the Educational Economic Policy Center and the
2-67 Central Education Agency, shall complete each of the following
2-68 studies and develop recommended amounts where appropriate for each
2-69 year of the next biennium:
2-70 (1) a study of the fiscal neutrality of the system to
3-1 determine the status of the state and local finance system with
3-2 regard to the policies established under the provisions of Section
3-3 16.001 of this code, including recommendations for adjustments
3-4 necessary to maintain fiscal neutrality;
3-5 (2) the accountable costs per student to school
3-6 districts of providing educational programs, personnel, and other
3-7 operating costs that meet accreditation criteria and the provisions
3-8 of law and regulation;
3-9 (3) program cost differentials designed by program to
3-10 provide support for the added expense of high-cost courses or
3-11 programs for students participating in such courses or programs,
3-12 with the program funding level expressed as dollar amounts and as
3-13 weights applied to the adjusted basic allotment for the appropriate
3-14 year;
3-15 (4) transportation and career ladder allotments;
3-16 (5) the levels of tax effort necessary for each tier
3-17 of the Foundation School Program necessary to fulfill the
3-18 requirements of Sections 16.001 and 16.008 of this code; and
3-19 (6) capital outlay and debt service requirements and
3-20 formula elements for the requirements of Subchapter I of this
3-21 chapter or other provisions of this chapter.
3-22 SECTION 10. Section 16.203, Education Code, is amended to
3-23 read as follows:
3-24 Sec. 16.203. Procedures. (a) The program cost
3-25 differentials developed <jointly> by the <Legislative Education
3-26 Board and the> Legislative Budget Board shall be submitted to the
3-27 foundation school fund budget committee for adoption beginning with
3-28 the 1993-1994 school year. If the foundation school fund budget
3-29 committee fails to adopt by April 1 the program cost differentials
3-30 for the following school year, the commissioner of education, after
3-31 considering the recommendations developed by the Legislative Budget
3-32 Board <those boards>, shall adopt program cost differentials.
3-33 (b) The commissioner of education shall provide appropriate
3-34 assistance to the Legislative Budget Board <boards> for the
3-35 calculation of the various funding elements. Subject to review by
3-36 the Legislative Budget <Education> Board, the commissioner of
3-37 education shall retain from the allotments under Sections 16.102
3-38 and 16.103 of this code and Subchapter D of this chapter amounts
3-39 appropriate to finance necessary additional costs for the studies
3-40 required under this subchapter.
3-41 (c) The Legislative Budget Board <boards> may appoint
3-42 advisory committees to assist in the development of the various
3-43 funding elements and studies required under this subchapter.
3-44 Advisory committee members serve without compensation but are
3-45 entitled to reimbursement for actual and necessary expenses
3-46 incurred in the performance of their duties. Reimbursement shall
3-47 be from funds available under Subsection (b) of this section or
3-48 from other funds available to the board <boards>.
3-49 (d) In the studies relating to program cost differentials
3-50 the Legislative Budget Board <boards> shall give special
3-51 consideration to cost factors associated with class size,
3-52 laboratory expenses, materials, equipment, teacher training,
3-53 necessary salary supplementation, and special services related to
3-54 individual courses or groups of courses.
3-55 SECTION 11. Subsection (b), Section 16.204, Education Code,
3-56 is amended to read as follows:
3-57 (b) If the construction or operation of a significant new
3-58 naval military facility begins during a school year, the
3-59 <Legislative Education Board and the> Legislative Budget Board
3-60 shall recommend the adjustment of the basic allotment during that
3-61 school year to consider any impact of the facility on the cost of
3-62 education index of the districts in the impacted region.
3-63 SECTION 12. Subsection (d), Section 16.205, Education Code,
3-64 is amended to read as follows:
3-65 (d) Prior to the beginning of each regular session of the
3-66 legislature, the agency shall provide a report with recommendations
3-67 to the Legislative Budget <Education> Board and the legislature.
3-68 SECTION 13. Subsections (d) and (f), Section 16.256,
3-69 Education Code, are amended to read as follows:
3-70 (d) The foundation school fund budget committee shall adopt
4-1 rules for the calculation for each year of a biennium of the
4-2 qualified funding elements necessary to achieve the state funding
4-3 policy under Section 16.001 of this code not later than the
4-4 1994-1995 school year and for each year thereafter. In the
4-5 calculation of these funding elements, the committee shall consider
4-6 the report of the Legislative Budget <Education> Board prescribed
4-7 under Section 16.008 of this code.
4-8 (f) Beginning in 1992, not later than November 1 preceding
4-9 each regular session of the legislature, the foundation school fund
4-10 budget committee by rule shall adopt and report the equalized
4-11 funding elements calculated under this section to the commissioner
4-12 of education and the legislature. Before the committee adopts the
4-13 elements, the committee or the committee's designees shall hold a
4-14 public hearing on the recommendations of the Legislative Budget
4-15 <Education> Board.
4-16 SECTION 14. Subsection (b), Section 16.302, Education Code,
4-17 is amended to read as follows:
4-18 (b) Beginning with the 1993-1994 school year, if the program
4-19 cost differentials developed <jointly> by the <Legislative
4-20 Education Board and the> Legislative Budget Board under Section
4-21 16.203 of this code and the adjustments studied under Section
4-22 16.206 of this code are not adopted by the foundation school fund
4-23 budget committee or the commissioner of education, the amount
4-24 guaranteed under this section is an amount per student rather than
4-25 per weighted student and a school district's average daily
4-26 attendance ("ADA") under Section 16.006 of this code is substituted
4-27 for "WADA" in the formula under Subsection (a) of this section.
4-28 SECTION 15. Subsection (c), Section 20.941, Education Code,
4-29 is amended to read as follows:
4-30 (c) Before each regular session of the legislature, the
4-31 <Legislative Education Board, with the assistance of the>
4-32 Legislative Budget Board<,> shall review the taxable value of
4-33 property in each county education district and shall recommend
4-34 changes in the boundaries of the districts necessary to ensure that
4-35 no district has a taxable value of property in excess of $280,000
4-36 per weighted student in average daily attendance, or a value set by
4-37 the foundation school fund committee.
4-38 SECTION 16. Subsection (b), Section 21.041, Education Code,
4-39 as amended by Chapters 353 and 813, Acts of the 71st Legislature,
4-40 Regular Session, 1989, is amended to read as follows:
4-41 (b) The board of trustees of each school district shall
4-42 appoint one or more attendance committees to hear petitions for
4-43 class credit by students who are in attendance fewer than 80 days
4-44 during a semester. Each board may determine the number of
4-45 committees needed in the district and the composition of each
4-46 committee. The committees may give class credit to a student who
4-47 is in attendance fewer than 80 days during a semester because of
4-48 extenuating circumstances. Each local school board shall establish
4-49 guidelines to determine what constitutes extenuating circumstances,
4-50 subject to rules adopted by the State Board of Education, and shall
4-51 adopt policies establishing alternative ways for students to make
4-52 up work or regain credit lost because of absences. The State Board
4-53 of Education shall submit its rules adopted under this section to
4-54 the standing committees of the senate and house of representatives
4-55 with primary jurisdiction over the public school system
4-56 <Legislative Education Board> for review to ensure compliance with
4-57 legislative intent. A certified public school employee may not be
4-58 assigned additional instructional duties as a result of this
4-59 section outside of the regular workday unless the employee is
4-60 compensated for the duties at a reasonable rate of pay.
4-61 SECTION 17. Subsection (b), Section 21.5511, Education Code,
4-62 is amended to read as follows:
4-63 (b) Before adopting rules under this section, the board
4-64 shall consider the comments of the standing committees of the
4-65 senate and house of representatives with primary jurisdiction over
4-66 the public school system <Legislative Education Board> as required
4-67 under Section 11.24 of this code.
4-68 SECTION 18. Subsection (b), Section 21.5512, Education Code,
4-69 is amended to read as follows:
4-70 (b) Before adopting rules under this section, the board
5-1 shall consider the comments of the standing committees of the
5-2 senate and house of representatives with primary jurisdiction over
5-3 the public school system <Legislative Education Board> as required
5-4 under Section 11.24 of this code.
5-5 SECTION 19. Subsection (g), Section 21.5513, Education Code,
5-6 is amended to read as follows:
5-7 (g) Not later than the 30th day before the date on which a
5-8 regular session of the legislature convenes, <At each regular
5-9 meeting of the Legislative Education Board> the committee shall
5-10 report to the standing committees of the senate and house of
5-11 representatives with primary jurisdiction over the public school
5-12 system <board> its progress regarding:
5-13 (1) the essential knowledge and skills identified by
5-14 the committee for elementary and secondary students, including at a
5-15 minimum knowledge and skills in the areas of reading, writing,
5-16 speaking, mathematics, and critical thinking;
5-17 (2) a statewide assessment program developed by the
5-18 committee for elementary students that is primarily
5-19 performance-based, uses a variety of assessment methodologies to
5-20 determine if students have mastered the essential knowledge and
5-21 skills, and is designed to assess students in at least two
5-22 elementary grade levels;
5-23 (3) a statewide assessment program developed by the
5-24 committee for secondary students that is primarily
5-25 performance-based, uses a variety of assessment methodologies to
5-26 determine if students have mastered the essential knowledge and
5-27 skills, and provides criteria for a certificate of initial mastery;
5-28 (4) recommendations for appropriate uses by public
5-29 schools and school districts of the results of the statewide
5-30 assessment programs;
5-31 (5) recommendations for changes to state laws and
5-32 rules, school district policies, budget procedures, and other
5-33 factors that inhibit schools from adopting strategies designed to
5-34 ensure that students achieve the essential knowledge and skills;
5-35 (6) recommendations for accurate and fair indicators
5-36 to measure the level of student learning in public schools and
5-37 school districts and measures that would assist public schools and
5-38 school districts in which student learning is below expected levels
5-39 of performance;
5-40 (7) recommendations for modifying college and
5-41 university entrance requirements that inhibit public schools from
5-42 adopting strategies that are designed to ensure that students
5-43 achieve the essential knowledge and skills;
5-44 (8) the time, support, and resources, including
5-45 technical assistance, that the committee determines to be necessary
5-46 for public schools and school districts to ensure that students
5-47 achieve the essential knowledge and skills; and
5-48 (9) recommendations for replacing course or class
5-49 credit requirements with requirements for core competencies,
5-50 including critical thinking skills, for the purpose of improving
5-51 and evaluating student performance.
5-52 SECTION 20. Subsection (i), Section 21.557, Education Code,
5-53 is amended to read as follows:
5-54 (i) Each school district shall maintain on file and
5-55 expeditiously make available on the request of a member of the
5-56 general public a copy of the report describing the district's
5-57 overall compensatory education program for educationally
5-58 disadvantaged students. The report must include sufficient detail
5-59 to describe the overall compensatory education program offered on
5-60 each campus and the activities and services provided on each campus
5-61 from each funding source. The commissioner of education shall
5-62 develop model report formats that districts may use for the report.
5-63 The model formats must be designed to be easily understood by a
5-64 member of the general public and may not be overly burdensome for
5-65 districts to prepare. The commissioner shall submit the model
5-66 formats to the standing committees of the senate and house of
5-67 representatives with primary jurisdiction over the public school
5-68 system <Legislative Education Board> for comment and may not
5-69 distribute the formats until the commissioner has received and
5-70 considered those comments. Each school district shall prepare and
6-1 periodically update the description of the district's compensatory
6-2 education program to accurately reflect the programs and services
6-3 currently provided to educationally disadvantaged students.
6-4 SECTION 21. Subsections (a) and (e), Section 21.7531,
6-5 Education Code, are amended to read as follows:
6-6 (a) The State Board of Education, on the advice of the
6-7 academic excellence indicators advisory committee, the educational
6-8 excellence committee, and the standing committees of the senate and
6-9 house of representatives with primary jurisdiction over the public
6-10 school system <Legislative Education Board>, shall adopt a set of
6-11 indicators of the quality of learning on a campus and other
6-12 performance standards. The board biennially shall review the
6-13 indicators for the consideration of appropriate revisions.
6-14 (e) The Educational Economic Policy Center shall biennially
6-15 review the indicators adopted under this section and recommend
6-16 changes in those indicators to the State Board of Education and the
6-17 standing committees of the senate and house of representatives with
6-18 primary jurisdiction over the public school system <Legislative
6-19 Education Board>.
6-20 SECTION 22. Subsections (a) and (c), Section 21.758,
6-21 Education Code, are amended to read as follows:
6-22 (a) The commissioner of education may order the suspension
6-23 of the powers of the board of trustees of a school district if the
6-24 school district has been rated academically unaccredited for a
6-25 period of one year. The commissioner shall immediately inform the
6-26 standing committees of the senate and house of representatives with
6-27 primary jurisdiction over the public school system <Legislative
6-28 Education Board> of the commissioner's decision to order the
6-29 suspension.
6-30 (c) The appointed superintendent shall report annually to
6-31 the commissioner on the progress of the school district toward
6-32 meeting the requirements necessary for accreditation. The
6-33 commissioner shall report to the standing committees of the senate
6-34 and house of representatives with primary jurisdiction over the
6-35 public school system <Legislative Education Board> annually on the
6-36 district's progress.
6-37 SECTION 23. Subsection (g), Section 34.052, Education Code,
6-38 is amended to read as follows:
6-39 (g) The committee shall report to the Legislative Budget
6-40 Board <Legislative Education Board> at least once a year. The
6-41 committee shall also report to the governor, the State Board of
6-42 Education, the Texas Higher Education Coordinating Board, and the
6-43 legislature before the convening of each regular session.
6-44 SECTION 24. Chapter 322, Government Code, is amended by
6-45 adding Section 322.013 to read as follows:
6-46 Sec. 322.013. REVIEW OF EDUCATIONAL POLICY IMPLEMENTATION.
6-47 (a) The standing committees of the senate and house of
6-48 representatives with primary jurisdiction over the public school
6-49 system shall oversee and review the implementation of legislative
6-50 education policy by state agencies that have the statutory duty to
6-51 implement that policy, including policy relating to:
6-52 (1) fiscal matters;
6-53 (2) academic expectations; and
6-54 (3) evaluation of program cost-effectiveness.
6-55 (b) The committees shall periodically review the actions or
6-56 proposed actions of the State Board of Education for the purpose of
6-57 ensuring compliance with legislative intent. If a committee
6-58 determines that any action or proposed action of the State Board of
6-59 Education conflicts with legislative educational policy, the
6-60 committee shall submit its comments on the conflict to the State
6-61 Board of Education in writing. If a committee determines that a
6-62 final action of the board conflicts with the intent of legislative
6-63 educational policy, the committee may:
6-64 (1) request additional information from the State
6-65 Board of Education relating to the intent of the board's action;
6-66 (2) request a joint meeting with the State Board of
6-67 Education to discuss the conflict between the action and
6-68 legislative educational policy;
6-69 (3) request that the State Board of Education
6-70 reconsider its action; or
7-1 (4) notify the governor, lieutenant governor, speaker
7-2 of the house, and the legislature of the conflict presented.
7-3 (c) The board shall assist the committees in administering
7-4 this section.
7-5 (d) For purposes of carrying out its duties, the board may
7-6 administer oaths and issue subpoenas, signed by the chairman or
7-7 vice-chairman, to compel the attendance of witnesses and the
7-8 production of books, records, and documents. A subpoena of the
7-9 board shall be served by a peace officer in the manner in which
7-10 district court subpoenas are served. On application of the board,
7-11 a district court of Travis County shall compel compliance with a
7-12 subpoena issued by the board in the same manner as for district
7-13 court subpoenas.
7-14 SECTION 25. (a) The Legislative Education Board is
7-15 abolished.
7-16 (b) Chapter 327, Government Code, is repealed.
7-17 (c) Any reference in a law not amended by this Act to the
7-18 Legislative Education Board means the Legislative Budget Board.
7-19 (d) A rule adopted by the Legislative Education Board that
7-20 is in effect on the effective date of this Act is considered to
7-21 have been adopted by the Legislative Budget Board until amended,
7-22 repealed, or superseded by the Legislative Budget Board.
7-23 (e) An action taken by the Legislative Education Board
7-24 before the effective date of this Act has the same effect as an
7-25 action of the Legislative Budget Board or legislative committee to
7-26 which the authority for that action is transferred by this Act.
7-27 (f) The personnel, property, records, and funds of the
7-28 Legislative Education Board are transferred to the Legislative
7-29 Budget Board.
7-30 SECTION 26. This Act takes effect September 1, 1993.
7-31 SECTION 27. The importance of this legislation and the
7-32 crowded condition of the calendars in both houses create an
7-33 emergency and an imperative public necessity that the
7-34 constitutional rule requiring bills to be read on three several
7-35 days in each house be suspended, and this rule is hereby suspended.
7-36 * * * * *
7-37 Austin,
7-38 Texas
7-39 May 6, 1993
7-40 Hon. Bob Bullock
7-41 President of the Senate
7-42 Sir:
7-43 We, your Committee on Education to which was referred S.B. No. 617,
7-44 have had the same under consideration, and I am instructed to
7-45 report it back to the Senate with the recommendation that it do not
7-46 pass, but that the Committee Substitute adopted in lieu thereof do
7-47 pass and be printed.
7-48 Ratliff,
7-49 Chairman
7-50 * * * * *
7-51 WITNESSES
7-52 FOR AGAINST ON
7-53 ___________________________________________________________________
7-54 Name: Walter Hinojosa x
7-55 Representing: T.F. T
7-56 City: Austin
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