73R9854 ESH-D
By Haley S.B. No. 1111
Substitute the following for S.B. No. 1111:
By Hernandez, Linebarger C.S.S.B. No. 1111
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration and boundaries of regional education
1-3 service centers and the consolidation of independent school
1-4 districts.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsections (b), (c), and (d), Section 11.32,
1-7 Education Code, are amended, and Subsection (h) as added by Section
1-8 1.06, Chapter 813, Acts of the 71st Legislature, Regular Session,
1-9 1989, is amended and relettered as Subsection (i), to read as
1-10 follows:
1-11 (b) Regional centers shall be located throughout the state
1-12 so that each school district has the opportunity to be served and
1-13 to participate in an approved center, on a voluntary basis. No
1-14 center shall be approved unless it serves an area having 50,000 or
1-15 more eligible scholastics in average daily attendance for the next
1-16 preceding school year, except that the State Board of Education may
1-17 make an exception for sparsely populated areas. The State Board of
1-18 Education shall review the boundaries of centers at least once
1-19 every 10 years to ensure optimal geographic placement.
1-20 (c) Each center shall be governed by a seven-member board.
1-21 Except in the case of a center serving fewer than seven school
1-22 districts, a school district may not have more than one
1-23 representative on the board. The State Board of Education shall
1-24 adopt uniform rules and regulations to provide for the local
2-1 selection, appointment, and continuity of membership for regional
2-2 boards of directors. Vacancies shall be filled by appointment by
2-3 the remaining members of the regional board for the unexpired term.
2-4 All members shall serve without compensation.
2-5 (d) The Regional Board of Directors, in consultation with
2-6 the commissioner of education, is authorized to employ an executive
2-7 director for its respective center. The commissioner shall
2-8 evaluate the performance of each executive director and order
2-9 termination of the employment of an executive director whose
2-10 continued employment jeopardizes the successful operation of the
2-11 center. Each executive director may hire <and such other>
2-12 personnel, professional and clerical, <as it deems necessary> to
2-13 carry out the functions of the center. The executive director may
2-14 evaluate the performance and terminate the employment of the
2-15 center's employees. To the extent permitted by law, each Regional
2-16 Board of Directors may<, and to> do and perform all things which it
2-17 deems proper for the successful operation of the center <thereof,>
2-18 and <to> pay for all operating expenses by warrants drawn on proper
2-19 funds available for such purpose.
2-20 (i) <(h)> The Central Education Agency shall conduct an
2-21 annual evaluation of the basic educational services provided by the
2-22 regional centers. The State Board of Education shall review the
2-23 results of the evaluations at least every six years to determine
2-24 the need for the continuance<, consolidation,> or reorganization of
2-25 the regional centers.
2-26 SECTION 2. Subchapter C, Chapter 19, Education Code, is
2-27 amended by adding Section 19.060 to read as follows:
3-1 Sec. 19.060. REGIONAL EDUCATION SERVICE CENTER
3-2 ADMINISTRATIVE CONSOLIDATION PLAN FOR SCHOOL DISTRICTS. (a) The
3-3 board of each regional education service center shall adopt an
3-4 administrative consolidation plan for the school districts in the
3-5 area served by the service center. The plan must contain
3-6 recommendations concerning the consolidation of the school
3-7 districts' administrative and support functions that would allow
3-8 the school districts to reduce costs, operate more efficiently, and
3-9 improve educational quality.
3-10 (b) In developing its plan, each service center shall meet
3-11 with representatives from each school district in the area.
3-12 (c) Each service center's plan must provide for all school
3-13 districts that are assigned to a single county in the 1992-1993
3-14 Texas School Directory published by the Central Education Agency to
3-15 consolidate administrative and support functions to the extent
3-16 recommended by the plan. The plan may recommend that a school
3-17 district that is not assigned to a single county consolidate
3-18 administrative and support functions with one or more other
3-19 specified school districts.
3-20 (d) Among the administrative and support functions a plan
3-21 may recommend for school districts to consolidate are central
3-22 administrative, transportation, food service, purchasing, health
3-23 and workers' compensation insurance coverage, guidance and
3-24 counseling, curriculum cost, and payroll functions.
3-25 (e) After developing a plan as provided by this section,
3-26 each service center shall provide the plan to each school district
3-27 in the area for implementation. A school district is not required
4-1 to implement any recommendation made in the plan.
4-2 (f) A service center may modify or revise a plan made under
4-3 this section, including, after the 1994-1995 school year, changing
4-4 the assignments of school districts provided under Subsection (c)
4-5 of this section.
4-6 SECTION 3. Section 23.991, Education Code, is amended to
4-7 read as follows:
4-8 Sec. 23.991. Incentive Aid. (a) Independent school
4-9 districts created after August 22, 1963, through consolidation may
4-10 qualify for incentive aid payments by the State of Texas.
4-11 (b) In addition to incentive aid payments authorized under
4-12 Subsection (a) of this section, the commissioner of education may
4-13 authorize incentive aid payments to school districts for planning
4-14 and consolidating administrative and support functions at the
4-15 regional or subregional level.
4-16 (c) No<; provided, however, no> school district may receive
4-17 <such> payments under this subchapter for a period of more than 10
4-18 years.
4-19 (d) The <Such> incentive aid payments shall be made only
4-20 upon application to the Texas Education Agency and in compliance
4-21 with the terms and conditions contained in this subchapter
4-22 <section>.
4-23 SECTION 4. Section 23.992, Education Code, is amended by
4-24 adding Subsection (c) to read as follows:
4-25 (c) This section applies only to incentive aid payments
4-26 under Section 23.991(a) of this code.
4-27 SECTION 5. Section 23.995, Education Code, is amended to
5-1 read as follows:
5-2 Sec. 23.995. Payments Reduced. (a) The incentive aid
5-3 payments shall be reduced in direct proportion to any reduction in
5-4 the annual average daily attendance of the reorganized school
5-5 district for the preceding year.
5-6 (b) Subsection (a) of this section applies only to incentive
5-7 aid payments under Section 23.991(a) of this code.
5-8 SECTION 6. Section 23.997, Education Code, is amended to
5-9 read as follows:
5-10 Sec. 23.997. Conditions Precedent to Payment. As a
5-11 condition precedent to receiving incentive aid payments under
5-12 Section 23.991(a) of this code:
5-13 (1) the geographical limits of the proposed
5-14 consolidated district shall be submitted to the Texas Education
5-15 Agency for approval and the geographical limits so approved shall
5-16 be set forth in the petition for any consolidation election; and
5-17 (2) the consolidation of the school districts shall
5-18 result in the formation of an independent school district.
5-19 SECTION 7. Section 23.994, Education Code, is repealed.
5-20 SECTION 8. Not later than September 1, 1993, the Central
5-21 Education Agency shall begin reevaluating the boundaries of the
5-22 regional education service centers and, after consulting with the
5-23 regional education service centers and their component school
5-24 districts, as soon as practicable shall make recommendations to the
5-25 State Board of Education concerning any modifications in the
5-26 boundaries of the centers to ensure optimal geographic placement.
5-27 Any modifications the State Board of Education makes in the
6-1 boundaries apply beginning with the 1994-1995 school year.
6-2 SECTION 9. (a) Each regional education service center shall
6-3 complete the administrative consolidation plan as provided by
6-4 Section 19.060, Education Code, as added by this Act, for
6-5 implementation at the beginning of the 1994-1995 school year.
6-6 (b) Not later than January 1, 1995, each service center
6-7 shall report to the commissioner of education on the service
6-8 center's recommendations for consolidation of administrative and
6-9 support functions of school districts under Section 19.060,
6-10 Education Code, as added by this Act. The report must:
6-11 (1) identify the proposals recommended under the
6-12 service center's plan;
6-13 (2) identify the proposals school districts have
6-14 agreed to implement and those that school districts do not want to
6-15 implement;
6-16 (3) offer recommendations for consolidation of
6-17 administrative and support functions of school districts that could
6-18 be implemented on a statewide basis and that would allow school
6-19 districts to reduce costs, operate more efficiently, and improve
6-20 educational quality; and
6-21 (4) identify all school districts that intend to
6-22 implement the recommendations in the plan.
6-23 (c) Not later than February 1, 1995, the commissioner shall
6-24 prepare a summary of the service centers' reports under Subsection
6-25 (b) of this section and present that summary to the legislature.
6-26 SECTION 10. Sections 3-6 of this Act apply beginning with
6-27 the 1993-1994 school year.
7-1 SECTION 11. The importance of this legislation and the
7-2 crowded condition of the calendars in both houses create an
7-3 emergency and an imperative public necessity that the
7-4 constitutional rule requiring bills to be read on three several
7-5 days in each house be suspended, and this rule is hereby suspended,
7-6 and that this Act take effect and be in force from and after its
7-7 passage, and it is so enacted.