By: Haley S.B. No. 661
73R1877 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulatory relief for school districts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 11.205(c), Education Code, is amended to
1-5 read as follows:
1-6 (c) The agency shall require each district to designate one
1-7 or more employees to serve as an at-risk-coordinator. The number
1-8 of coordinators required shall correspond to the size of the
1-9 district. Each at-risk-coordinator shall collect and disseminate
1-10 data regarding dropouts in the district and shall coordinate the
1-11 program in the district for students who are at high risk of
1-12 dropping out of school. In determining whether a student is at
1-13 high risk of dropping out of school, in addition to the student's
1-14 academic performance a school district shall consider whether the
1-15 student is adjudged delinquent, abuses drugs or alcohol, is a
1-16 student of limited English proficiency, receives compensatory or
1-17 remedial instruction, is sexually, physically, or psychologically
1-18 abused, is pregnant, is a slow learner, enrolls late in the school
1-19 year, stops attending school before the end of the school year, is
1-20 an underachiever, is unmotivated, or exhibits other characteristics
1-21 that indicate that the student is at high risk of dropping out of
1-22 school. At-risk-coordinators should have access to existing
1-23 Central Education Agency training programs relating to students who
1-24 are considered "at risk" of dropping out of school. Where
2-1 practical, local school districts may develop their own training
2-2 programs to meet this need. <Each school year a district's
2-3 at-risk-coordinators shall prepare a dropout reduction plan for the
2-4 district that identifies the number of students in the district who
2-5 dropped out in the preceding regular school term, the number of
2-6 students in grades 1 through 12 who are at risk of dropping out,
2-7 the district's dropout rate goal for that school year, and the
2-8 dropout reduction programs, resources, and strategies to be used
2-9 during the school year. The plan must be reviewed and approved by
2-10 the district's board of trustees and shall be available to the
2-11 public. Districts are not required to prepare a dropout reduction
2-12 plan if fewer than five percent of their students are identified as
2-13 "at risk" of dropping out of school unless the district had 100 or
2-14 more students drop out of school in the preceding school year.>
2-15 SECTION 2. Section 13.103, Education Code, is amended to
2-16 read as follows:
2-17 Sec. 13.103. Probationary Contract: Termination. The board
2-18 of trustees of any school district may terminate the employment of
2-19 any teacher holding a probationary contract at the end of the
2-20 contract period, if in their judgment the best interests of the
2-21 school district will be served thereby; provided, that notice of
2-22 intention to terminate the employment shall be given by the board
2-23 of trustees to the teacher not later than the 90th day before the
2-24 last day <on or before April 1, preceding the end> of the
2-25 employment term fixed in the contract. In event of failure to give
2-26 such notice of intention to terminate within the time above
2-27 specified, the board of trustees shall thereby elect to employ such
3-1 probationary teacher in the same capacity, and under probationary
3-2 contract status for the succeeding school year if the teacher has
3-3 been employed by such district for less than three successive
3-4 school years, or in a continuing contract position if such teacher
3-5 has been employed during three consecutive school years.
3-6 SECTION 3. Section 13.353(e), Education Code, is amended to
3-7 read as follows:
3-8 (e) From funds appropriated for that purpose, the Central
3-9 Education Agency shall allocate an amount each year for the
3-10 identification, adaptation, development, and evaluation of
3-11 professional development programs and materials; training of
3-12 trainers; and technical assistance in the development of general
3-13 management and leadership development skills, including skills
3-14 necessary to implement Sections <21.7532,> 21.930<,> and 21.931 of
3-15 this code. The State Board of Education may designate special
3-16 projects and development activities to be carried out with such
3-17 funds. The manner in which such funds are utilized shall be
3-18 reported annually to the commissioner of education.
3-19 SECTION 4. Section 13.354(e), Education Code, is amended to
3-20 read as follows:
3-21 (e) The appraisal of a principal shall include the
3-22 performance of the principal's campus on the indicators established
3-23 in Section 21.7531 of this code <and the campus's objectives set
3-24 under Section 21.7532 of this code>, including performance gains of
3-25 the campus and the maintenance of those gains.
3-26 SECTION 5. Section 16.052, Education Code, is amended to
3-27 read as follows:
4-1 Sec. 16.052. Operation of Schools; Teacher Preparation and
4-2 Staff Development. (a) Each school district must provide for not
4-3 less than 180 days of instruction for students and not less than
4-4 three days of preparation for teachers for each school year, except
4-5 as provided in Subsection (b) <(c)> of this section.
4-6 (b) <Each school district must provide for not less than 20
4-7 hours of staff development training under guidelines provided by
4-8 the commissioner of education. The training provided must include
4-9 technology training and must occur during regular hours of required
4-10 teacher service. On the request of a teacher, a school district
4-11 may credit the teacher compensatory time to be applied toward the
4-12 number of training hours required under this subsection for
4-13 workshops, conferences, or other professional training that the
4-14 teacher has attended.>
4-15 <(c)> The commissioner of education may approve the
4-16 operation of schools for less than the number of days of
4-17 instruction and teacher preparation otherwise required when
4-18 disasters, floods, extreme weather conditions, fuel curtailments,
4-19 or other calamities have caused the closing of the school.
4-20 (c) <(d)> Each school district may reserve three hours of
4-21 the first preparation day provided each school year under
4-22 Subsection (a) of this section for faculty staff meetings.
4-23 SECTION 6. Section 21.041(a), Education Code, is amended to
4-24 read as follows:
4-25 (a) The State Board of Education shall adopt rules
4-26 establishing the minimum number of days a student is required to
4-27 attend class to be eligible for class credit <Except as provided
5-1 by this section, a student may not be given credit for a class
5-2 unless the student is in attendance for at least 80 days during a
5-3 semester>.
5-4 SECTION 7. Section 21.204(a), Education Code, is amended to
5-5 read as follows:
5-6 (a) In the event the board of trustees receives a
5-7 recommendation for nonrenewal, the board, after consideration of
5-8 the written evaluations required by Section 21.202 of this
5-9 subchapter and the reasons for the recommendation, shall, in its
5-10 sole discretion, either reject the recommendation or shall give the
5-11 teacher written notice of the proposed nonrenewal not later than
5-12 the 90th day before the last day <on or before April 1 preceding
5-13 the end> of the employment term fixed in the contract.
5-14 SECTION 8. Sections 21.251(a) and (b), Education Code, are
5-15 amended to read as follows:
5-16 (a) Each school district shall maintain any attendance
5-17 information the Central Education Agency requires <teacher in the
5-18 public free schools of this state shall keep a daily register
5-19 showing the names, ages, courses of study, and attendance records
5-20 of all pupils which the teacher is instructing>. The district may
5-21 send the information to the agency by electronic means.
5-22 (b) The information <register> shall be open to the
5-23 inspection of all parents, school officers, and all other persons
5-24 who may be interested.
5-25 SECTION 9. Section 21.258(a), Education Code, is amended to
5-26 read as follows:
5-27 (a) Each board of trustees shall publish an annual report
6-1 describing the district's educational performance based on the
6-2 academic excellence indicator system under Section 21.7531 of this
6-3 code <that includes campus performance objectives established under
6-4 Section 21.7532 of this code and the progress of each campus toward
6-5 those objectives>, which shall be available to the public and filed
6-6 with the State Board of Education. The board shall hold a hearing
6-7 for public discussion of the report. The board shall notify
6-8 property owners and parents in the district of the hearing. The
6-9 board may combine the notice with the notice of a public hearing on
6-10 a proposed tax increase required under Section 26.06, Tax Code.
6-11 After the hearing the report shall be widely disseminated within
6-12 the district in a manner to be determined by the district.
6-13 SECTION 10. Sections 21.458(a), (b), (e), and (f), Education
6-14 Code, are amended to read as follows:
6-15 (a) Each district that is required to offer a bilingual
6-16 education or special language program shall offer a voluntary
6-17 <summer> program for children of limited English proficiency who
6-18 will be eligible for admission to kindergarten or the first grade
6-19 at the beginning of the next school year. A school that operates
6-20 on a two-semester system shall offer the program during the period
6-21 school is recessed for the summer. A school that operates on any
6-22 other system permitted by this code shall offer 120 hours of
6-23 instruction on a schedule the board of trustees of the district
6-24 establishes.
6-25 (b) Enrollment in the program is optional with the parent of
6-26 the child. In a district that operates on a two-semester system,
6-27 the <The> program must be offered for one-half day for eight weeks.
7-1 (e) The <preschool or summer> programs required or
7-2 authorized by this section shall not be a substitute for programs
7-3 required to be provided during the regular school year.
7-4 (f) The legislature may appropriate funds from the
7-5 foundation school program for support of a <the summer> program
7-6 under Subsection (a) of this section.
7-7 SECTION 11. Section 21.723, Education Code, is amended to
7-8 read as follows:
7-9 Sec. 21.723. Final Examination. The board of trustees of
7-10 each school district shall adopt <A student may not be exempted
7-11 from taking> a final examination policy designed to enhance student
7-12 achievement <in any class in which any other student is required to
7-13 take a final examination>.
7-14 SECTION 12. Section 21.753(b), Education Code, is amended to
7-15 read as follows:
7-16 (b) The criteria in the accreditation rules must include
7-17 consideration of:
7-18 (1) goals and objectives of the district;
7-19 (2) compliance with statutory requirements and
7-20 requirements imposed by rule of the State Board of Education under
7-21 statutory authority;
7-22 (3) adequate performance under the indicators adopted
7-23 under Section 21.7531 of this code;
7-24 (4) <the relation between the academic excellence
7-25 indicators adopted by the board under Section 21.7531 of this code
7-26 and the campus performance objectives established under Section
7-27 21.7532 of this code, including the manner in which the campus
8-1 performance objectives were established and the progress of the
8-2 campus in meeting the objectives;>
8-3 <(5)> the quality of learning on each of the
8-4 district's campuses based on indicators including scores on
8-5 achievement tests;
8-6 (5) <(6)> the quality of the district's appraisal of
8-7 teacher performance and of administrator performance;
8-8 (6) <(7)> the effectiveness of district principals as
8-9 instructional leaders;
8-10 (7) <(8)> the effectiveness of the district's campuses
8-11 on the basis of the most current criteria identified by research on
8-12 effective schools;
8-13 (8) <(9)> the fulfillment of curriculum requirements;
8-14 (9) <(10)> the effectiveness of the district's
8-15 programs in special education based on the Central Education
8-16 Agency's most recent compliance review of the district and programs
8-17 for special populations;
8-18 (10) <(11)> the effectiveness of teacher in-service
8-19 training;
8-20 (11) <(12)> the effective use of technology to enhance
8-21 student achievement;
8-22 (12) <(13)> the effectiveness of the district's
8-23 remedial and support programs under Section 21.557 of this code for
8-24 students at risk of dropping out of school;
8-25 (13) <(14)> the effectiveness of the district's
8-26 dropout prevention and recovery programs;
8-27 (14) <(15)> efficient allocation of available
9-1 resources;
9-2 (15) <(16)> the presence and quality of comprehensive
9-3 and developmental guidance and counseling programs on campuses; and
9-4 (16) <(17)> the quality and effectiveness of the
9-5 district's vocational education program.
9-6 SECTION 13. Section 21.926, Education Code, is amended to
9-7 read as follows:
9-8 Sec. 21.926. Information to be Posted. (a) For the benefit
9-9 of parents of school age children, each school in a district shall
9-10 post in a conspicuous location in the main administration building
9-11 accessible to the general public:
9-12 (1) a map of the school's attendance area; and
9-13 (2) <a notice that includes:>
9-14 <(A) the aggregate results by grade level for
9-15 the state and for each campus in the district of assessment
9-16 instruments administered under Section 21.551 of this code for each
9-17 of the preceding three school years and, for each high school, the
9-18 aggregate results by grade level of the most recent administration
9-19 of any norm-referenced assessment instrument, including the
9-20 Scholastic Aptitude Test and American College Testing Program
9-21 assessment instruments;>
9-22 <(B) the total enrollment at each campus in the
9-23 district for each of the four most recent school years;>
9-24 <(C) the ratio of classroom teachers to students
9-25 at each campus in the district;>
9-26 <(D) a statement that copies of the notice and
9-27 of a map of the school's attendance area are available in the
10-1 school's main office; and>
10-2 <(E)> a statement that the district's academic
10-3 excellence indicator system <annual performance> report is
10-4 available in the school library.
10-5 (b) <The assessment instrument results posted under
10-6 Subsection (a)(2)(A) of this section must be presented in the form
10-7 of appropriate, nontechnical interpretations in terms
10-8 understandable to the general public.>
10-9 <(c) The board of trustees of the district may prescribe the
10-10 format of the notice required by Subsection (a)(2) of this section.>
10-11 <(d)> Each school shall have available in its main office
10-12 copies of the notice and map required to be posted under Subsection
10-13 (a) of this section.
10-14 (c) <(e)> Each school shall have available in its library a
10-15 copy of the academic excellence indicator system <annual
10-16 performance> report for the district required by Section 21.258 of
10-17 this code.
10-18 <(f) Each district shall have available in its
10-19 administration building the information required to be posted by
10-20 Subsection (a) of this section for each school in the district.>
10-21 SECTION 14. Subchapter Z, Chapter 21, Education Code, is
10-22 amended by adding Section 21.938 to read as follows:
10-23 Sec. 21.938. DISTRICT AND CAMPUS IMPROVEMENT PLANNING
10-24 PROCESS. (a) The board of trustees of each school district shall
10-25 develop a district and campus improvement planning process under
10-26 which the board shall adopt a district and campus improvement plan.
10-27 (b) Each district's improvement plan shall:
11-1 (1) take into consideration a current analysis of
11-2 student performance based on the academic excellence indicators
11-3 adopted under Section 21.7531 of this chapter and other measures of
11-4 student performance the board determines;
11-5 (2) address the needs of district students for special
11-6 programs, such as suicide prevention or dyslexia treatment
11-7 programs;
11-8 (3) require the principal of each campus, with the
11-9 assistance of parents and guardians of the school's students, other
11-10 adults in the attendance area, and the professional staff of the
11-11 school, to establish a campus improvement plan;
11-12 (4) include a dropout reduction plan;
11-13 (5) include a technology plan that requires the
11-14 district, in any year it uses an allotment under Subchapter D,
11-15 Chapter 14, of this code, to report to the Central Education Agency
11-16 on the use of the allotment, including its use in training district
11-17 personnel to use the technology;
11-18 (6) include a discipline management plan; and
11-19 (7) include a staff development plan for professional
11-20 staff of the district.
11-21 (c) In the district and campus improvement plan or in
11-22 another manner permitted by federal law, the board shall address
11-23 any federal planning requirements.
11-24 SECTION 15. The following provisions of the Education Code
11-25 are repealed:
11-26 (1) Section 11.208;
11-27 (2) Section 14.065;
12-1 (3) Sections 21.041(b) and (d), as amended by Section
12-2 2.12, Chapter 813, Acts of the 71st Legislature, Regular Session,
12-3 1989, and by Section 1, Chapter 353, Acts of the 71st Legislature,
12-4 Regular Session, 1989;
12-5 (4) Section 21.041(c);
12-6 (5) Sections 21.251(c) and (d);
12-7 (6) Section 21.7532; and
12-8 (7) Subchapter R, Chapter 21, Education Code.
12-9 SECTION 16. This Act applies beginning with the 1993-1994
12-10 school year.
12-11 SECTION 17. The importance of this legislation and the
12-12 crowded condition of the calendars in both houses create an
12-13 emergency and an imperative public necessity that the
12-14 constitutional rule requiring bills to be read on three several
12-15 days in each house be suspended, and this rule is hereby suspended,
12-16 and that this Act take effect and be in force from and after its
12-17 passage, and it is so enacted.