By Ratliff S.B. No. 1
74R433 CAS/ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a substantive revision of Titles 1 and 2, Education
1-3 Code, governing public education; including conforming amendments,
1-4 repeals, and penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. PURPOSE AND ORGANIZATION OF ACT. (a) Pursuant
1-7 to Sections 8.33 and 8.34, Chapter 347, Acts of the 73rd
1-8 Legislature, Regular Session, 1993, this Act reenacts and revises
1-9 Titles 1 and 2, Education Code.
1-10 (b) Section 2 of this Act rearranges and amends Chapters
1-11 1-15, 17-21, 23, 29, 30, and 35, Education Code.
1-12 (c) Section 3 of this Act renumbers and redesignates
1-13 Chapters 16 and 36, Education Code.
1-14 (d) Sections 4-24 of this Act amend portions of Chapters 16
1-15 and 36, Education Code.
1-16 (e) Section 25 of this Act transfers Chapter 32, Education
1-17 Code, to Title 3, Education Code, and amends that chapter.
1-18 (f) Section 26 of this Act transfers Chapter 33, Education
1-19 Code, to Title 3, Education Code, and amends that chapter.
1-20 (g) Section 27 of this Act transfers Subchapter C, Chapter
1-21 34, to Title 3, Education Code.
1-22 (h) Section 28 of this Act transfers Chapter 35, Education
1-23 Code, as added by Chapter 682, Acts of the 73rd Legislature,
1-24 Regular Session, 1993, to Title 3, Education Code.
2-1 (i) Sections 29-59 make substantive and conforming
2-2 amendments.
2-3 (j) Section 60 of this Act repeals various provisions of the
2-4 Education Code, including Chapters 22, 24-28, and 31, and various
2-5 provisions of other statutes.
2-6 (k) Sections 61-78 of this Act contain transition, savings,
2-7 and effective date provisions.
2-8 SECTION 2. Chapters 1-15, 17-21, 23, 29, 30, and 35 (as
2-9 added by Chapters 162 and 347, Acts of the 73rd Legislature,
2-10 Regular Session, 1993), Education Code, are revised as Titles 1 and
2-11 2, Education Code, and amended to read as follows:
2-12 TITLE 1. GENERAL PROVISIONS
2-13 CHAPTER 1. GENERAL PROVISIONS <TITLE, ORGANIZATION, AND PURPOSE>
2-14 Sec. 1.001. <1.01. ><Short Title><. This code shall be known
2-15 and may be cited as the "Education Code.">
2-16 <Sec. 1.02. ><Organization><. (a) The division of this code
2-17 into titles, subtitles, chapters, subchapters, sections,
2-18 subsections and subdivisions, and the use of captions in connection
2-19 therewith, are solely for convenience and shall have no legal
2-20 effect in construing the provisions of the code.>
2-21 <(b) This code has been organized and subdivided in the
2-22 following manner:>
2-23 <(1) the code is divided into titles, containing
2-24 groups of related chapters;>
2-25 <(2) the code is also divided into chapters, which are
2-26 numbered consecutively throughout the code;>
2-27 <(3) chapters are divided into sections, each of which
3-1 carries the initial arabic numeral of the chapter in which it is
3-2 found, and the arrangement of sections within chapters is
3-3 determined by the numbers following the decimal;>
3-4 <(4) sections are divided into subsections, and the
3-5 subsections are numbered consecutively with lowercase letters
3-6 enclosed in parentheses;>
3-7 <(5) subsections are divided into subdivisions, and
3-8 subdivisions are numbered consecutively with arabic numerals
3-9 enclosed in parentheses;>
3-10 <(6) subdivisions are divided into paragraphs, and
3-11 paragraphs are numbered consecutively with capital letters enclosed
3-12 in parentheses; and>
3-13 <(7) paragraphs are divided into subparagraphs, and
3-14 subparagraphs are numbered consecutively with lowercase Roman
3-15 numerals enclosed in parentheses.>
3-16 <Sec. 1.03. ><Purpose and Objectives><. The aim in adopting
3-17 this code is to bring together in a unified and organized form the
3-18 existing law relating to tax-supported educational institutions and
3-19 to simplify, clarify, and harmonize existing law relating both to
3-20 the public school system and to the state-supported institutions of
3-21 higher education.>
3-22 <Sec. 1.04.> APPLICABILITY. (a) This code applies <shall
3-23 apply> to all educational institutions supported either wholly or
3-24 in part by state tax funds unless specifically excluded by this
3-25 code.
3-26 (b) This code does <shall> not apply to those facilities and
3-27 institutions under the control and direction of the Texas
4-1 Department of Mental Health and Mental Retardation or <to the
4-2 institutions for delinquent, dependent and neglected children under
4-3 the control and direction of> the Texas Youth Commission except as
4-4 specifically provided by Subchapter A, Chapter 29, or <in>
4-5 Subchapter E, <of> Chapter 30 <of this code and in Subchapter N,
4-6 Chapter 21, of this code>.
4-7 (c) An <Any> educational institution supported either wholly
4-8 or in part by state tax funds shall, if undertaking to provide
4-9 educational services to any individual within the jurisdiction or
4-10 geographical boundaries of the educational institution, provide
4-11 equal educational opportunities to all individuals within its
4-12 jurisdiction or geographical boundaries pursuant to <the provisions
4-13 of> this code and pursuant to rules adopted <the provisions of
4-14 regulations promulgated> by the State Board of Education <to give
4-15 effect to the intent of the legislature in its enactment of this
4-16 code>. An <No individual otherwise eligible for educational
4-17 services through an> educational institution supported either
4-18 wholly or in part by state tax funds may not deny services to any
4-19 student eligible to participate in a school district's special
4-20 education program as provided by Section 29.003 <with disabilities
4-21 as defined in Section 21.503 of this code>, but the educational
4-22 institution shall <instead be obligated to> provide individuals
4-23 with disabilities <such> special educational services as <might
4-24 from time to time be> authorized by law or, where expressly
4-25 authorized, <to> assist in and contribute toward the provision of
4-26 appropriate special educational services in cooperation with other
4-27 educational institutions and other appropriate agencies,
5-1 institutions, or departments.
5-2 <(d) Notwithstanding the other provisions of this section,
5-3 employees of the Texas Youth Council in academic or vocational
5-4 programs shall be members of the Teacher Retirement System of Texas
5-5 under Chapter 3 of this code.>
5-6 Sec. 1.002 <2.03>. Dedication to the People of Texas. The
5-7 educational institutions to which <covered by> this code applies
5-8 are designed for and are open to the people of the State of Texas,
5-9 subject only to those <such> rules that <and regulations as> the
5-10 governing boards of those <such> institutions are <may be>
5-11 authorized by <in> this code to adopt <make and enforce> for the
5-12 welfare of the <various> institutions under their control.
5-13 <CHAPTER 2. GENERAL PROVISIONS>
5-14 Sec. 1.003 <2.02>. The Flying of the State Flag. On all
5-15 regular school days, every school and other educational institution
5-16 to which <covered by> this code applies shall fly the state flag in
5-17 accordance with the Texas Flag Code, Article 6139c, Revised
5-18 Statutes.
5-19 Sec. 1.004 <2.04>. Protection of Land in Use by Schools. A
5-20 <No> public road may not <shall> be opened across land owned and
5-21 used by any school district or other educational institution to
5-22 which <covered by> this code applies without the consent of the
5-23 regents, directors, or trustees of that institution <and approval
5-24 of the governor>, unless the land is subject to sale under <the>
5-25 general law <laws of Texas>. A road <The roads> already opened
5-26 across <such> land owned and used by a school district or other
5-27 educational institution may be closed by the regents, directors, or
6-1 trustees if <authorities in charge whenever> they:
6-2 (1) determine that closing the road is <deem it>
6-3 necessary to protect the interest of the institution; and
6-4 (2) repay, <on repayment> with eight percent interest,
6-5 <of> the amount <actually> paid, <out> as shown by <appears on> t
6-6 records of the commissioners court, by the situs county for the
6-7 land's condemnation.
6-8 <Sec. 2.05. ><Motor Vehicles Owned and Used by State-Supported
6-9 Educational Institutions><. (a) Motor vehicles, trailers, and
6-10 semitrailers which are the property of and used exclusively by any
6-11 school district, institution of higher education, or agency in
6-12 charge, or branch are exempt from the payment of state registration
6-13 fee. Nevertheless, the owners of such vehicles must comply with
6-14 the general statutes relating to motor vehicle registration.>
6-15 <(b) Application for license plates, identification of
6-16 vehicles and transfer of ownership are governed by the general
6-17 statutes relating to motor vehicles and such special provisions of
6-18 those statutes that relate to the particular type of vehicle
6-19 concerned.>
6-20 <(c) A motor vehicle, trailer, or semitrailer that is the
6-21 property of and used exclusively by any school district or
6-22 institution of higher education must have the name of the school
6-23 district or institution of higher education printed on the side of
6-24 the vehicle. The inscription must be in a color sufficiently
6-25 different from the body of the vehicle and must be of letters of
6-26 sufficient height so that the lettering is plainly legible at a
6-27 distance of not less than 100 feet. This subsection does not apply
7-1 to a motor vehicle used by campus security personnel commissioned
7-2 under Section 21.483 of this code or by a peace officer listed in
7-3 Article 2.12(9), Code of Criminal Procedure. Further, this
7-4 subsection does not apply to a motor vehicle used by a chancellor
7-5 or president of an institution of higher education.>
7-6 <(d) A person commits an offense if the person operates a
7-7 vehicle subject to Subsection (c) of this section without the
7-8 proper inscription. An offense under this subsection is punishable
7-9 by a fine of not less than $25 nor more than $100.>
7-10 Sec. 1.005 <2.06>. Oath of Office and Allegiance. (a)
7-11 Public <No public> funds may not <shall> be paid to any person as a
7-12 teacher, instructor, visiting instructor, or other employee
7-13 connected with any tax-supported educational institution in this
7-14 state <Texas> unless the person <he> takes the oath of office
7-15 required of <members of the legislature and all other> state
7-16 officers, as provided by Section 1, <in> Article XVI, <Section 1,
7-17 of the> Texas Constitution.
7-18 (b) Foreign visiting instructors, refugees, and political
7-19 refugees from conquered countries are exempted from the
7-20 requirements in Subsection (a) <of this section> if they file an
7-21 affidavit, on a form prescribed by the attorney general <of Texas>,
7-22 stating, among other things, that they are not members of the
7-23 Communist, Fascist, or Nazi parties, nor of any bund, or affiliated
7-24 organization, and that they will not engage in any un-American
7-25 activities, nor teach any doctrines contrary to the constitution
7-26 and laws of the United States of America or of the State of Texas.
7-27 (c) Any teacher or instructor of any tax-supported
8-1 educational institution in this state <Texas> who is <shall be>
8-2 found guilty of openly advocating doctrines that <which> seek to
8-3 undermine or overthrow by force or violence the republican and
8-4 democratic forms of government in the United States or that <which>
8-5 in any way seek to establish a government that does not rest upon
8-6 the fundamental principle of consent of the governed, shall, after
8-7 a full adjudicative hearing by the person's <his> employing or
8-8 appointing authority, be dismissed.
8-9 <Sec. 2.10. ><Maintenance of Existing Institutions><. No law
8-10 establishing or providing for the maintenance of any public
8-11 educational institution shall be affected or impaired by the
8-12 repealing clause of this code unless expressly altered or repealed
8-13 in some preceding or subsequent section herein.>
8-14 <Sec. 2.12. ><Average Daily Attendance><. In this code, average
8-15 daily attendance is determined in the manner provided by Section
8-16 16.006 of this code.>
8-17 <CHAPTER 4. PENAL PROVISIONS>
8-18 <Sec. 4.10. ><Alteration of Teacher's Certificate><. Whoever
8-19 shall wilfully raise, change, or alter any teacher's certificate or
8-20 diploma, or other instrument having the force of a teacher's
8-21 certificate, shall be deemed guilty of a felony and upon conviction
8-22 shall be confined in the penitentiary not less than two nor more
8-23 than seven years.>
8-24 <Sec. 4.11. ><Approving Voucher Without Certificate><. Any
8-25 county or city superintendent or school trustee who approves any
8-26 teacher's contract or voucher before the person has presented a
8-27 valid teacher's certificate shall be fined not less than $25 nor
9-1 more than $100.>
9-2 <Sec. 4.12. ><Traffic in Certificate Examinations><. Whoever
9-3 shall sell, barter, or give away, prior to any forthcoming
9-4 examination, to applicants for teachers' certificates, or to any
9-5 person, the questions to be used by any board of examiners in the
9-6 examination of teachers at any forthcoming examination; or any
9-7 person who shall accept or otherwise obtain possession of such
9-8 questions, or the answers thereto, prior to any such examination;
9-9 or whoever shall use the same fraudulently at the time of said
9-10 examination, or thereafter; or who shall permit or aid in the
9-11 substitution of examination papers fraudulently prepared to be
9-12 substituted for examination papers prepared during the examination;
9-13 or who accepts remuneration for the granting of certificates or for
9-14 aiding others to obtain certificates, except as provided for by
9-15 law, shall be guilty of a misdemeanor and upon conviction shall be
9-16 fined not less than $100 nor more than $500 and imprisoned in jail
9-17 for not less than 20 days nor more than 60 days.>
9-18 <Sec. 4.13. ><Preventing Use of Adopted Textbooks><. Any school
9-19 trustee who shall prevent or aid in preventing the use in any
9-20 public school in this state of the books or any of them as adopted
9-21 under the provisions of this code, or any teacher in any public
9-22 school in this state who shall wilfully fail or refuse to use the
9-23 books adopted shall be guilty of a misdemeanor and upon conviction
9-24 shall be fined a sum of not less than $5 and not more than $50 for
9-25 each offense, and each day of such wilful failure or refusal by a
9-26 teacher or wilful prevention of the use of the books by a trustee
9-27 shall constitute a separate offense.>
10-1 <Sec. 4.26. ><Refusal to Answer Census Trustee><. Any person
10-2 who is in a position of control over a child who will be over six
10-3 but under 17 years of age on the next September 1 and who, although
10-4 requested by the census trustee, refuses to comply with the
10-5 requirements in Section 14.03 of this code shall be fined not less
10-6 than $5 nor more than $10.>
10-7 <Sec. 4.28. ><Interference with the Peaceful Operation of the
10-8 Public Schools><. (a) In order to maintain law, peace, and order in
10-9 the operation of the public schools without the use of military
10-10 force, the county judge of each county in this state is authorized
10-11 to require any organization, operating or functioning within the
10-12 county and engaged in activities designed to hinder, harass, or
10-13 interfere with the powers and duties of the State of Texas in
10-14 controlling and operating its public schools to file with the
10-15 county clerk, within seven days after such request is made, the
10-16 following information, subscribed under oath before a notary
10-17 public:>
10-18 <(1) the official name of the organization and list of
10-19 members;>
10-20 <(2) the office, place of business, headquarters, or
10-21 usual meeting place of the organization;>
10-22 <(3) the officers, agents, servants, employees, or
10-23 representatives of the organization;>
10-24 <(4) the purpose or purposes of the organization; and>
10-25 <(5) a statement disclosing whether the organization
10-26 is subordinate to a parent organization and, if so, the name of the
10-27 parent organization.>
11-1 <(b) The term "organization" as used in this section means
11-2 any group of persons, whether incorporated or unincorporated, and
11-3 includes any civic, fraternal, political, mutual benefit, legal,
11-4 medical, trade, or other kind of organization.>
11-5 <(c) The information filed pursuant to Subsection (a) of
11-6 this section is hereby declared public and subject to the
11-7 inspection of any interested party.>
11-8 <(d) Any person having custody or control of the records of
11-9 an organization who fails to furnish the information requested or
11-10 any other person or organization who shall violate any provision of
11-11 this section shall be deemed guilty of a misdemeanor and upon
11-12 conviction shall be fined not less than $50 nor more than $200, and
11-13 each day of violation shall constitute a separate offense.>
11-14 <Sec. 4.29. ><Falsifying Documents><. (a) No person may buy,
11-15 sell, create, duplicate, alter, give, or obtain, or attempt to buy,
11-16 sell, create, duplicate, alter, give, or obtain a diploma,
11-17 certificate, academic record, certificate of enrollment, or other
11-18 instrument which purports to signify merit or achievement conferred
11-19 by an institution of education in this state with the intent to use
11-20 fraudulently that document or to allow the fraudulent use of the
11-21 document.>
11-22 <(b) A person who violates this section or who aids another
11-23 in violating this section is guilty of a misdemeanor and upon
11-24 conviction is punishable by a fine of not more than $1,000, and/or
11-25 confinement in the county jail for a period not to exceed one
11-26 year.>
11-27 (Chapters 2-3 reserved for expansion
12-1 TITLE 2. PUBLIC EDUCATION
12-2 SUBTITLE A. GENERAL PROVISIONS
12-3 CHAPTER 4. PUBLIC EDUCATION GOALS
12-4 Sec. 4.001 <35.001>. PUBLIC EDUCATION GOALS. The objective
12-5 of state support and maintenance of a system of public education is
12-6 education for good citizenship and is grounded on the conviction
12-7 that a general diffusion of knowledge is essential for the welfare
12-8 of Texas and for the preservation of the liberties and rights of
12-9 citizens. The goals of public education are as follows:
12-10 GOAL A: All students shall have access to an education
12-11 of high quality that will prepare them to participate fully now and
12-12 in the future in the social, economic, and educational
12-13 opportunities available in Texas.
12-14 GOAL B: The achievement gap between educationally
12-15 disadvantaged students and other populations will be closed.
12-16 Through enhanced dropout prevention efforts, the graduation rate
12-17 will be raised to 95 percent of students who enter the seventh
12-18 grade.
12-19 GOAL C: The state shall demonstrate exemplary
12-20 performance in comparison to national and international standards
12-21 for student performance.
12-22 GOAL D: A well-balanced and appropriate curriculum
12-23 will be provided to all students.
12-24 GOAL E: Qualified and effective personnel will be
12-25 attracted and retained. Adequate and competitive compensation
12-26 commensurate with responsibilities will be ensured. Qualified
12-27 staff in critical shortage areas will be recruited, trained, and
13-1 retained.
13-2 GOAL F: The organization and management of all levels
13-3 of the education system will be productive, efficient, and
13-4 accountable.
13-5 GOAL G: Instruction and administration will be
13-6 improved through research that identifies creative and effective
13-7 methods. Demonstration programs will be developed and local
13-8 initiatives encouraged for new instructional arrangements and
13-9 management techniques. Technology will be used to increase the
13-10 equity, efficiency, and effectiveness of student learning,
13-11 instructional management, staff development, and administration.
13-12 Sec. 4.002. RECOMMENDATION OF GOALS. (a) Not later than
13-13 December 1 of each even-numbered year, the State Board of Education
13-14 shall report to the legislature the progress that has been made in
13-15 meeting the goals established by Section 4.001 for the public
13-16 school system and shall recommend any modification in those goals
13-17 the board determines is necessary.
13-18 (b) In making its recommendations under this section, the
13-19 board shall carefully consider the goals for education adopted by
13-20 the United States Congress and by the Southern Regional Education
13-21 Board and similar organizations.
13-22 (c) Not later than December 1, 1996, the State Board of
13-23 Education shall recommend amendments to Section 4.001 to the
13-24 legislature to establish a single set of quantifiable and
13-25 measurable goals for the public school system of this state that
13-26 the board determines the legislature should enact.
13-27 (d) The first report under Subsection (b) is due not later
14-1 than December 1, 1998. Subsection (c) and this subsection expire
14-2 January 1, 1999.
14-3 CHAPTER 5. DEFINITIONS
14-4 Sec. 5.001. DEFINITIONS. In this title:
14-5 (1) "Agency" means the Texas Education Agency.
14-6 (2) "Classroom teacher" means an educator who is
14-7 employed by a school district and who, not less than five hours
14-8 each day, teaches in an academic or vocational instructional
14-9 setting. The term does not include a teacher's aide or a full-time
14-10 administrator.
14-11 (3) "Commissioner" means the commissioner of
14-12 education.
14-13 (4) "Educationally disadvantaged" means eligible to
14-14 participate in the national free or reduced-price lunch program
14-15 established under 42 U.S.C. Section 1751 et seq.
14-16 (5) "Educator" means a person who is required to hold
14-17 a certificate issued under Subchapter B, Chapter 21.
14-18 (6) "State-granted charter school" means a campus or
14-19 program that has been granted a charter described by Section
14-20 11.002(b).
14-21 (Chapter 6 reserved for expansion
14-22 SUBTITLE B. STATE AND REGIONAL ORGANIZATION AND GOVERNANCE
14-23 CHAPTER 7 <11>. TEXAS <CENTRAL> EDUCATION AGENCY
14-24 SUBCHAPTER A. GENERAL PROVISIONS
14-25 Sec. 7.001 <11.901>. DEFINITION <DEFINITIONS>. In this
14-26 chapter, "board" <subchapter:>
14-27 <(1) "Agency" means the Central Education Agency.>
15-1 <(2) "Board"> means the State Board of Education.
15-2 <(3) "Commissioner" means the commissioner of
15-3 education.>
15-4 Sec. 7.002 <11.01>. COMPOSITION AND PURPOSE. The State
15-5 Board of Education, <the State Board for Vocational Education,> the
15-6 <state> commissioner of education, and the Texas Education Agency
15-7 staff <State Department of Education shall> comprise the Texas
15-8 <Central> Education Agency. The agency <It> shall carry out <such>
15-9 educational functions <as may be> assigned to it by the
15-10 legislature, but all educational functions not specifically
15-11 delegated to the agency are reserved to and <Central Education
15-12 Agency> shall be performed by county boards of education, school
15-13 <or> district boards of trustees, or governing bodies of home-rule
15-14 school districts or state-granted charter schools.
15-15 Sec. 7.003 <11.011>. SUNSET PROVISION. The Texas <Central>
15-16 Education Agency is subject to Chapter 325, Government Code (Texas
15-17 Sunset Act). Unless continued in existence as provided by that
15-18 chapter, the agency is abolished September 1, 2003.
15-19 Sec. 7.004 <11.02>. <GENERAL> POWERS AND DUTIES. (a) The
15-20 agency <Central Education Agency> shall exercise the authority
15-21 specifically granted by constitution or statute over <general
15-22 control of> the system of public education at the state level <in
15-23 accordance with the provisions of this code>. Except as required
15-24 by federal law, that authority is limited to public education of
15-25 persons under 21 years of age.
15-26 (b) Any education-related activity, including primary and
15-27 secondary education programs, with persons under 21 years of age
16-1 that <which> is carried on in the state by other state or federal
16-2 agencies, except higher education in approved colleges, is <shall
16-3 be> subject <in its education aspects> to the rules <and
16-4 regulations> of the agency <Central Education Agency>.
16-5 (c) Except for agreements entered into by the governing
16-6 board of a state university or college, the agency is <Central
16-7 Education Agency shall be> the sole agency of this state <the State
16-8 of Texas> empowered to enter into agreements with respect to
16-9 education undertakings, including provision of school lunches and
16-10 the construction of school buildings, with an agency of the federal
16-11 government. A <No> county board of education or board of trustees
16-12 of a school district may not <shall> enter into contracts with, or
16-13 accept money from, an agency of the federal government except under
16-14 rules <and regulations> prescribed by the agency <Central Education
16-15 Agency>.
16-16 Sec. 7.005 <11.021>. COOPERATION BETWEEN STATE AGENCIES OF
16-17 EDUCATION. <(a) It is the policy of the State of Texas that the
16-18 entire system of education supported with public funds be
16-19 coordinated to provide the citizens with efficient, effective, and
16-20 high quality educational services and activities.> The State Board
16-21 of Education and the Texas Higher Education Coordinating Board, in
16-22 conjunction with such other agencies as may be appropriate, shall
16-23 ensure that long-range plans and educational programs established
16-24 by each board provide a comprehensive education for the students of
16-25 the state under the jurisdiction of that board <the boards
16-26 complement the functioning of the entire system of public
16-27 education>, extending from early childhood education through
17-1 postgraduate study. In assuring that plans and programs are
17-2 coordinated, the boards shall use <utilize> the joint advisory
17-3 committee established under Section 61.077 <of this code>.
17-4 <(b) The joint advisory committee shall coordinate plans and
17-5 programs of the two boards, including curricula, instructional
17-6 programs, research, and other functions as appropriate. This
17-7 coordination shall include but is not limited to the following
17-8 areas:>
17-9 <(1) equal educational opportunity for all Texans;>
17-10 <(2) college recruitment, with special emphasis on the
17-11 recruitment of minority students;>
17-12 <(3) preparation of high school students for further
17-13 study at colleges and universities;>
17-14 <(4) reduction of the dropout rate and dropout
17-15 prevention;>
17-16 <(5) teacher education; and>
17-17 <(6) testing and assessment.>
17-18 <Sec. 11.11. COUNSELING FOR ABUSED CHILDREN. (a) The
17-19 Central Education Agency shall contract for the establishment of a
17-20 school-based counseling program for abused children in one or more
17-21 schools in at least 16 school districts, with a balance between
17-22 rural and urban schools.>
17-23 <(b) The program must include at least eight hours of group
17-24 counseling for each child provided by a counselor with expertise in
17-25 counseling abused children. The counseling shall be provided in
17-26 coordination with a school counselor if possible. The program
17-27 shall include procedures for the local juvenile probation
18-1 department, the Texas Youth Commission, law enforcement agencies,
18-2 and other agencies that serve children to refer children to the
18-3 program.>
18-4 <(c) The agency or a school district may not require a child
18-5 to participate in the program.>
18-6 <(d) An evaluation team shall participate in the design and
18-7 evaluation of the program. The commissioner of education shall
18-8 appoint the evaluation team and shall include in the team:>
18-9 <(1) a representative of the Central Education Agency;>
18-10 <(2) a representative of the Texas Department of Human
18-11 Services, recommended by the commissioner of human services;>
18-12 <(3) a school social worker or school counselor;>
18-13 <(4) a school teacher;>
18-14 <(5) a psychologist with expertise in treating child
18-15 abuse victims;>
18-16 <(6) a person with expertise in administering
18-17 school-based counseling programs for abused children; and>
18-18 <(7) a person with expertise in program evaluation
18-19 techniques.>
18-20 <(e) The agency shall send prospective service providers a
18-21 request for a proposal describing the program requirements. The
18-22 agency shall select the service provider that submits the proposal
18-23 that best meets the needs for counseling services according to
18-24 standards established by the State Board of Education.>
18-25 <Sec. 11.12. INVOLVEMENT WITH SCHOOL BUS REGULATIONS. The
18-26 State Board of Education and the State Purchasing and General
18-27 Services Commission, by and with the advice of the director of the
19-1 Department of Public Safety, shall have joint and complete
19-2 responsibility to adopt and enforce regulations governing the
19-3 design, color, lighting and other equipment, construction, and
19-4 operation of all school buses for the transportation of school
19-5 children when owned and operated by any school district or
19-6 privately owned and operated under contract with any school
19-7 district in this state, and the regulations shall by reference be
19-8 made a part of any such contract with a school district. The State
19-9 Purchasing and General Services Commission shall coordinate and
19-10 correlate all specification data and finalize and issue the
19-11 specification so adopted as provided for by Article 3, State
19-12 Purchasing and General Services Act (Article 601b, Vernon's Texas
19-13 Civil Statutes). In the regulations, emphasis shall be placed on
19-14 safety features and long-range, maintenance-free factors, and
19-15 requiring that all school buses shall be purchased on competitive
19-16 bids as provided by Section 21.165 of this code. Every school
19-17 district, its officers, employees, and every person employed under
19-18 contract by a school district shall be subject to these
19-19 regulations. The State Purchasing and General Services Commission
19-20 shall purchase equipment to conform to these standards>.
19-21 <Sec. 11.14. RIGHT DENIED TO CLOSE OR CONSOLIDATE ANY PUBLIC
19-22 SCHOOL DISTRICT. (a) The provisions of this chapter shall not be
19-23 construed to give the State Board of Education, the commissioner of
19-24 education, the State Department of Education, or anyone whomsoever,
19-25 the power to close, to consolidate, or cause by regulation or rule
19-26 to be closed or consolidated, any public school district in this
19-27 state. This subsection does not affect the powers of the
20-1 commissioner under Section 19.027 of this code.>
20-2 <(b) The provisions of this code regarding and applicable to
20-3 the consolidating, annexing, or otherwise closing of school
20-4 districts of this state shall govern in all such matters.>
20-5 <Sec. 11.153. COOPERATION AMONG SCHOOLS AND LOCAL AGENCIES
20-6 IN SUICIDE PREVENTION. (a) The Central Education Agency shall
20-7 furnish written guidelines for establishing cooperative youth
20-8 suicide intervention procedures to each school district having
20-9 territory within a municipality with a population of 72,000 or more
20-10 and to appropriate local agencies and groups, including police and
20-11 sheriff's departments, mental health centers, suicide and crisis
20-12 centers, and private counseling and psychotherapy agencies and may
20-13 furnish written guidelines to each school district having territory
20-14 within a municipality with a population under 72,000 and to all
20-15 appropriate local agencies and groups.>
20-16 <(b) The guidelines must include the creation and training
20-17 of crisis intervention teams and the maintenance by public schools
20-18 of current written referral sources for assistance in crisis
20-19 intervention.>
20-20 <Sec. 11.16. EDUCATIONAL PROGRAM FOR DEAF ADULTS.>
20-21 <(e) The legislature may appropriate money from the general
20-22 revenue fund for the support of the program. The Central Education
20-23 Agency shall allocate to each qualifying school district the sum of
20-24 $500 per year for each student enrolled in the district's
20-25 educational program for deaf adults.>
20-26 <Sec. 11.18. ADULT EDUCATION. (a) As used in this section,
20-27 the following words and phrases shall have the indicated meanings:>
21-1 <(1) "Adult education" means services and instruction
21-2 provided by public local education agencies below the college
21-3 credit level for adults.>
21-4 <(2) "Adult" means any individual who is over the age
21-5 of compulsory school attendance as set forth in Section 21.032 of
21-6 this code.>
21-7 <(3) "Community education" means the concept which
21-8 involves the people of the community in a program designed to
21-9 fulfill their educational needs, while promoting more effective use
21-10 of public education facilities and other public facilities for the
21-11 purpose of providing recreational, cultural, and other related
21-12 community services.>
21-13 <(b) The Central Education Agency shall:>
21-14 <(1) manage this program with adequate staffing to
21-15 develop, administer, and support a comprehensive statewide adult
21-16 education program and coordinate related federal and state programs
21-17 for education and training of adults;>
21-18 <(2) develop, implement, and regulate a comprehensive
21-19 statewide program for community level education services to meet
21-20 the special needs of adults;>
21-21 <(3) develop the mechanism and guidelines for
21-22 coordination of comprehensive adult education and related skill
21-23 training services for adults with other agencies, both public and
21-24 private, in planning, developing, and implementing related
21-25 programs, including community education programs;>
21-26 <(4) administer all state and federal funds for adult
21-27 education and related skill training in Texas, except in programs
22-1 where another entity is specifically authorized to do so under
22-2 other law;>
22-3 <(4) administer all state and federal funds for adult
22-4 education and related skill training in Texas, except funds
22-5 provided for the work force development incentive program developed
22-6 by the Texas Department of Commerce;>
22-7 <(5) prescribe and administer standards and
22-8 accrediting policies for adult education;>
22-9 <(6) prescribe and administer rules and regulations
22-10 for teacher certification for adult education; and>
22-11 <(7) accept and administer grants, gifts, services,
22-12 and funds from available sources for use in adult education.>
22-13 <(c) Adult education programs shall be provided by public
22-14 school districts, public junior colleges, and public universities
22-15 approved in accordance with state statute and the regulations and
22-16 standards adopted by the State Board of Education. The programs
22-17 shall be designed to meet the education and training needs of
22-18 adults to the extent possible within available public and private
22-19 resources. Bilingual education may be the method of instruction
22-20 for students who do not function satisfactorily in English whenever
22-21 it is appropriate for their optimum development.>
22-22 <(d) The State Board of Education may establish or designate
22-23 an adult education advisory committee composed of no more than 21
22-24 members representing public and private nonprofit education,
22-25 business, labor, minority groups, and the general public for the
22-26 purpose of advising the board on needs, priorities, and standards
22-27 of adult education programs conducted in accordance with this
23-1 section of the Texas Education Code.>
23-2 <(e) Funds shall be appropriated to implement statewide
23-3 adult basic education, adult bilingual education, high school
23-4 equivalency, and high school credit programs to eliminate
23-5 illiteracy in Texas and to implement and support a statewide
23-6 program to meet the total range of adult needs for adult education,
23-7 related skill training, and pilot programs to demonstrate the
23-8 effectiveness of the community education concept. An additional
23-9 sum of money may be appropriated to the Texas Department of
23-10 Commerce for the purpose of skill training in direct support of
23-11 industrial expansion and start-up, and those locations, industries,
23-12 and occupations designated by the Texas Department of Commerce,
23-13 when such training is also in support of the basic purposes of this
23-14 section. To fulfill the basic purposes of this section, an
23-15 additional sum of money may be appropriated for skill training that
23-16 is conducted to support the expansion of civilian employment
23-17 opportunities on United States military reservations. The Central
23-18 Education Agency, in conjunction with the Texas Department of
23-19 Commerce, may adopt rules to administer such skill training
23-20 programs for which the Central Education Agency is responsible, and
23-21 the Texas Department of Commerce may adopt rules to administer such
23-22 skill training programs for which it is responsible.>
23-23 <Sec. 11.19. ><Bilingual Education Training Institutes><. (a)
23-24 The Central Education Agency shall conduct bilingual education
23-25 training institutes.>
23-26 <(b) The State Board of Education shall adopt rules
23-27 governing the conduct of and participation in the institutes.>
24-1 <(c) Professional and paraprofessional public school
24-2 personnel who participate in the bilingual education training
24-3 institutes shall be reimbursed for expenses incurred as a result of
24-4 their participation in accordance with rules adopted by the State
24-5 Board of Education.>
24-6 <Sec. 11.191. ACADEMIC PROGRAMS FOR CERTAIN CHILDREN BELOW
24-7 GRADE LEVEL. The Central Education Agency shall:>
24-8 <(1) finance pilot projects for a variety of intensive
24-9 academic programs for students in the first through third grades
24-10 who are performing below grade level in mathematics or English
24-11 language arts;>
24-12 <(2) evaluate existing school district programs for
24-13 those students; and>
24-14 <(3) provide information to school districts on the
24-15 programs that are successful.>
24-16 <Sec. 11.20. PILOT PROGRAMS FOR PHYSICAL EVALUATIONS OF
24-17 SCHOOL CHILDREN. (a) The Central Education Agency shall plan,
24-18 institute, and supervise pilot programs in various school districts
24-19 of this state for the purpose of screening children for health
24-20 defects or problems.>
24-21 <(b) In each district selected for a pilot program, children
24-22 shall be examined or evaluated in the manner prescribed by the
24-23 Central Education Agency and by nurses or other allied health
24-24 personnel specifically authorized to do so by the agency.>
24-25 <(c) Prior notice of the examination shall be given to the
24-26 parents or guardian of each child, and no child shall be examined
24-27 or evaluated if his parents or guardian object because of religious
25-1 convictions.>
25-2 <(d) Whenever an abnormal health condition or problem is
25-3 found in any child, the school nurse shall:>
25-4 <(1) advise the child's parent or guardian;>
25-5 <(2) suggest what action should be taken;>
25-6 <(3) if necessary, assist the family in obtaining
25-7 access to appropriate health, rehabilitation, or treatment
25-8 services; and>
25-9 <(4) review the case as necessary to determine that
25-10 corrective action is taken to the extent possible.>
25-11 <(e) The agency shall require a record to be kept of each
25-12 examination and actions taken pursuant to each examination. The
25-13 record shall be confidential and shall be kept separate from the
25-14 other records of the child. The records may be used for
25-15 statistical purposes as long as the identity of each child is kept
25-16 confidential.>
25-17 <(f) The agency shall require periodic reports from each
25-18 district participating in the program for the purpose of evaluating
25-19 the results of the program. The agency shall report its findings
25-20 and recommendations to the legislature biennially during the first
25-21 month of the regular session.>
25-22 <(g) The legislature shall appropriate money to finance the
25-23 cost of the program, including planning, compensation for personal
25-24 services, and necessary equipment and supplies.>
25-25 <Sec. 11.201. COMMUNITY EDUCATION SERVICES. (a) Any school
25-26 district of this state classified common, independent school
25-27 district or rural high school district whose governing board elects
26-1 to provide community education for all age groups may upon
26-2 application and pursuant to regulations prescribed by the Central
26-3 Education Agency be reimbursed for such costs from state funds to
26-4 the extent herein authorized. Only those districts will be
26-5 eligible which have in the previous or current year achieved a
26-6 level of community education services prescribed by the Central
26-7 Education Agency. The regulations shall contain specific
26-8 provisions for eligibility and program operation.>
26-9 <(b) The cost to the state shall be paid from the Foundation
26-10 School Fund, and this cost shall be considered by the Foundation
26-11 School Fund Budget Committee in estimating the funds needed for
26-12 Foundation School Program purposes.>
26-13 <(c) For purposes of this section, community education
26-14 services are defined in accordance with the definition contained in
26-15 Subdivision (3) of Subsection (a) of Section 11.18 of this code.>
26-16 <(d) The legislature in each General Appropriations Act
26-17 shall set a limit on the amount of funds that may be expended under
26-18 this section each year.>
26-19 <Sec. 11.202. SCHOOL VOLUNTEER PROGRAM. (a) It is the
26-20 public policy of the State of Texas that citizen participation in
26-21 the public schools as volunteers is desirable and a means of more
26-22 effectively meeting the goals of public education.>
26-23 <(b) The commissioner of education, with the approval of the
26-24 State Board of Education, shall develop and implement a program to
26-25 supply volunteer assistance to the public schools of this state.
26-26 The supply of volunteers shall be coordinated through the Regional
26-27 Education Service Centers. School districts served by the service
27-1 centers may either utilize or refuse the services provided under
27-2 the program.>
27-3 <(c) Each Regional Education Service Center shall employ a
27-4 person in the position of regional coordinator of school
27-5 volunteers, and the Central Education Agency shall employ a person
27-6 in the position of statewide coordinator of school volunteers. The
27-7 commissioner of education shall establish the minimum
27-8 qualifications for both positions and shall add the positions to
27-9 the Texas Public Education Compensation Plan at pay grade 8 for 11
27-10 months of service. The regional coordinator of school volunteers
27-11 shall develop materials, design recruitment procedures, and provide
27-12 demonstration models and general assistance to school districts
27-13 choosing to operate school volunteer programs. The statewide
27-14 coordinator shall develop materials, provide demonstration models,
27-15 and design recruitment procedures to assist the regional
27-16 coordinators in recruiting volunteers.>
27-17 <(d) Volunteers may not be used to usurp, diminish, or
27-18 replace the position or functions of salaried professionals or
27-19 paraprofessionals.>
27-20 <(e) The costs of the program shall be paid from the
27-21 foundation school fund.>
27-22 <Sec. 11.203. CAREER EDUCATION. (a) The State Board of
27-23 Education shall develop and implement a statewide plan for career
27-24 education in public schools. The plan shall provide the public
27-25 schools with guidelines for helping students to develop knowledge,
27-26 skill, competence, attitude, and awareness in relation to a broad
27-27 range of career opportunities. The plan must include provisions
28-1 relating to:>
28-2 <(1) program and student goals and objectives;>
28-3 <(2) strategies, activities, and resources for use in
28-4 implementing the goals and objectives of the program;>
28-5 <(3) evaluation and dissemination of program and
28-6 resource information;>
28-7 <(4) adequate financing; and>
28-8 <(5) coordination of career objectives with
28-9 postsecondary and adult education programs.>
28-10 <(b) Each school district may develop a program of career
28-11 education for the district consistent with the statewide plan. A
28-12 district shall submit the plan for the district to the Central
28-13 Education Agency for approval and, if approved, the agency shall
28-14 allocate funds to the district in accordance with Subsection (c) of
28-15 this section.>
28-16 <(c) Each school year, a school district whose career
28-17 education plan is approved is entitled to receive $2,000 plus 50
28-18 cents for each student in average daily attendance in the district.>
28-19 <(d) A school district may join with one or more districts
28-20 to provide cooperative programs in career education. The
28-21 cooperating districts shall publicize the availability of the
28-22 programs throughout each cooperating district.>
28-23 <(e) The total cost to the state under this section may not
28-24 exceed an amount set in the General Appropriations Act.>
28-25 <(f) The Central Education Agency shall annually evaluate
28-26 the career education program established under this section.>
28-27 <Sec. 11.205. DROPOUT REDUCTION PROGRAM. (a) The Central
29-1 Education Agency shall develop a program to reduce the rate of
29-2 students leaving the public school system before completing high
29-3 school. The program must include standardized statewide
29-4 recordkeeping, documentation of school transfers by students,
29-5 identification of successful dropout prevention programs, and
29-6 follow-up procedures for students who drop out of school. The
29-7 Central Education Agency shall set an annual dropout rate goal for
29-8 the state that reduces the dropout rate in equal increments each
29-9 year in the amount necessary for the 1997-1998 statewide
29-10 longitudinal dropout rate to equal not more than five percent of
29-11 the total student population.>
29-12 <(b) The agency shall develop a system for school districts
29-13 to collect data on student dropouts. The system must attempt to
29-14 collect data regarding each student dropout, including the age,
29-15 sex, ethnic origin, socioeconomic status, and highest completed
29-16 grade level of the student dropout. For each campus, district,
29-17 county, and region, the agency shall determine for each grade level
29-18 from seven through 12 the number of student dropouts each school
29-19 year and the ethnic origin of those students.>
29-20 <(c) The agency shall require each district to designate one
29-21 or more employees to serve as an at-risk-coordinator. The number
29-22 of coordinators required shall correspond to the size of the
29-23 district. Each at-risk-coordinator shall collect and disseminate
29-24 data regarding dropouts in the district and shall coordinate the
29-25 program in the district for students who are at high risk of
29-26 dropping out of school. In determining whether a student is at
29-27 high risk of dropping out of school, in addition to the student's
30-1 academic performance a school district shall consider whether the
30-2 student is adjudged delinquent, abuses drugs or alcohol, is a
30-3 student of limited English proficiency, receives compensatory or
30-4 remedial instruction, is sexually, physically, or psychologically
30-5 abused, is pregnant, is a slow learner, enrolls late in the school
30-6 year, stops attending school before the end of the school year, is
30-7 an underachiever, is unmotivated, or exhibits other characteristics
30-8 that indicate that the student is at high risk of dropping out of
30-9 school. At-risk-coordinators should have access to existing
30-10 Central Education Agency training programs relating to students who
30-11 are considered "at risk" of dropping out of school. Where
30-12 practical, local school districts may develop their own training
30-13 programs to meet this need. Each school year a district's
30-14 at-risk-coordinators shall prepare a dropout reduction plan for the
30-15 district that identifies the number of students in the district who
30-16 dropped out in the preceding regular school term, the number of
30-17 students in grades 1 through 12 who are at risk of dropping out,
30-18 the district's dropout rate goal for that school year, and the
30-19 dropout reduction programs, resources, and strategies to be used
30-20 during the school year. The plan must be reviewed and approved by
30-21 the district's board of trustees and shall be available to the
30-22 public. Districts are not required to prepare a dropout reduction
30-23 plan if fewer than five percent of their students are identified as
30-24 "at risk" of dropping out of school unless the district had 100 or
30-25 more students drop out of school in the preceding school year.>
30-26 <(d) Not later than January 31 of each odd-numbered year the
30-27 agency shall submit a report to the governor, lieutenant governor,
31-1 and speaker of the house of representatives that includes:>
31-2 <(1) the current dropout rate of students in grade
31-3 levels seven through 12 in the aggregate and by grade level;>
31-4 <(2) projected cross-sectional and longitudinal
31-5 dropout rates for each of those grades for the next five years,
31-6 assuming no action is taken by the state to reduce the rate; and>
31-7 <(3) a systematic plan for reducing the projected
31-8 cross-sectional and longitudinal rates to not more than five
31-9 percent.>
31-10 <(e) For the purposes of this section, "dropout" means a
31-11 student:>
31-12 <(1) who does not hold a high school diploma or the
31-13 equivalent;>
31-14 <(2) who is absent from the public school in which the
31-15 student is enrolled for a period of 30 or more consecutive days;
31-16 and>
31-17 <(3) whose attendance within that period at another
31-18 public school or a private or parochial school cannot be evidenced.>
31-19 <Sec. 11.206. DROPOUT INFORMATION CLEARINGHOUSE. (a) The
31-20 Central Education Agency shall develop a statewide dropout
31-21 information clearinghouse. The agency may contract with a research
31-22 institute or agency to operate the clearinghouse.>
31-23 <(b) The clearinghouse shall:>
31-24 <(1) collect information on dropout programs and
31-25 services and on prevention and recovery strategies for various
31-26 categories of students that have a high dropout rate; and>
31-27 <(2) disseminate the information to local providers of
32-1 dropout programs and services and to the interagency coordinating
32-2 council created under Section 11.207 of this code.>
32-3 <Sec. 11.207. INTERAGENCY COORDINATING COUNCIL. (a) An
32-4 interagency coordinating council for services to students who drop
32-5 out of school or who are at risk of dropping out of school is
32-6 created.>
32-7 <(b) The council consists of one representative from each of
32-8 the following agencies appointed by the executive director or
32-9 commissioner of each respective agency:>
32-10 <(1) the Central Education Agency;>
32-11 <(2) the Texas Higher Education Coordinating Board;>
32-12 <(3) the Texas Department of Housing and Community
32-13 Affairs--community affairs division;>
32-14 <(4) the Texas Youth Commission;>
32-15 <(5) the Texas Juvenile Probation Commission;>
32-16 <(6) the Texas Department of Human Services;>
32-17 <(7) the Texas Department of Criminal Justice;>
32-18 <(8) the Texas Employment Commission;>
32-19 <(9) the Texas Commission on Alcohol and Drug Abuse;>
32-20 <(10) the Texas Department of Mental Health and Mental
32-21 Retardation; and>
32-22 <(11) the Texas Department of Health.>
32-23 <(c) The representatives appointed to the council shall
32-24 elect a chairman annually and shall meet at the call of the
32-25 chairman.>
32-26 <(d) The council shall coordinate policies and services to
32-27 create a resource network for students who drop out of school or
33-1 who are at risk of dropping out of school.>
33-2 <Sec. 11.208. INSERVICE TRAINING AND PREPARATION. (a) As a
33-3 part of the teacher staff development required under Section 16.052
33-4 of this code, for each school year the State Board of Education by
33-5 rule shall require instruction in subject areas that the board
33-6 considers appropriate. The subject areas may include but are not
33-7 limited to:>
33-8 <(1) special education;>
33-9 <(2) recognition of and response to signs of abuse or
33-10 neglect in students;>
33-11 <(3) recognition of dyslexia and related disorders in
33-12 students and teaching strategies for those students;>
33-13 <(4) discipline management training;>
33-14 <(5) teacher appraisal;>
33-15 <(6) recognition of and response to signs of emotional
33-16 disturbance in students and to teaching and intervention strategies
33-17 for those students and their families; and>
33-18 <(7) recognition of signs that a student is using
33-19 alcohol or other drugs.>
33-20 <(b) The State Board of Education by rule shall encourage
33-21 staff development for all school employees and volunteers regarding
33-22 HIV infection. The board shall require more intensive HIV staff
33-23 development for teachers, counselors, and other persons employed in
33-24 programs related to comprehensive health education, substance abuse
33-25 prevention, or prevention of sexually transmissible diseases, HIV,
33-26 and AIDS than for other school employees. The staff development
33-27 for all employees and volunteers shall include information related
34-1 to:>
34-2 <(1) methods of transmission and methods of prevention
34-3 of HIV infection;>
34-4 <(2) relevant federal, state, and local laws and
34-5 school district regulations, including those related to the release
34-6 of medical information, to the confidentiality of test results, and
34-7 to discrimination against persons infected with HIV;>
34-8 <(3) state laws relating to the transmission and to
34-9 conduct that may result in the transmission of HIV; and>
34-10 <(4) community resources providing HIV education and
34-11 services.>
34-12 <(c) The Central Education Agency in consultation with the
34-13 Texas Department of Health shall prepare and disseminate an
34-14 information guide to all school administrators, teachers, and other
34-15 personnel that is updated periodically and includes current,
34-16 accurate facts on:>
34-17 <(1) relevant state and federal laws, rules, and
34-18 regulations;>
34-19 <(2) methods of transmission and methods of prevention
34-20 of HIV infection; and>
34-21 <(3) state laws relating to the transmission and to
34-22 conduct that may result in the transmission of HIV.>
34-23 <(d) In this section:>
34-24 <(1) "AIDS" means acquired immune deficiency syndrome
34-25 as defined by the Centers for Disease Control of the United States
34-26 Public Health Service.>
34-27 <(2) "HIV" means human immunodeficiency virus.>
35-1 Sec. 7.006 <11.2081>. Substance Abuse Prevention.
35-2 <(a)> The agency <Central Education Agency> and the Texas
35-3 Commission on Alcohol and Drug Abuse shall enter into an
35-4 interagency agreement for the provision of comprehensive technical
35-5 assistance to regional education service centers in the development
35-6 of substance abuse prevention and early intervention programs in
35-7 public schools based on current research and documented best
35-8 practices.
35-9 <(b) The agreement shall include provisions for:>
35-10 <(1) the commission to assist regional education
35-11 service centers in providing staff development in substance abuse
35-12 prevention for school districts;>
35-13 <(2) the joint annual review by the agency and the
35-14 commission of the regional education service centers' substance
35-15 abuse prevention and early intervention programs;>
35-16 <(3) the exchange of information between the agency
35-17 and the commission relating to students in need of substance abuse
35-18 prevention services; and>
35-19 <(4) a system to provide school districts model peer
35-20 assistance for substance abuse prevention.>
35-21 <(c) In this section, "life skills training" includes
35-22 training in making decisions, solving problems, communicating,
35-23 handling conflict, and developing self-esteem.>
35-24 <(d) The commission may provide a statewide peer assistance
35-25 and leadership system to include the training of trainers,
35-26 clearinghouse services, and technical assistance to school
35-27 districts and to train and provide a full-time peer program
36-1 coordinator for each regional education service center.>
36-2 <(e) The peer program coordinator may:>
36-3 <(1) assist school districts and campuses to develop
36-4 and implement peer assistance and leadership programs;>
36-5 <(2) train teachers and other personnel for those
36-6 programs;>
36-7 <(3) establish regional peer assistance and leadership
36-8 networks; and>
36-9 <(4) participate in the statewide peer assistance and
36-10 leadership network.>
36-11 <(f) The Central Education Agency jointly with the Texas
36-12 Commission on Alcohol and Drug Abuse may design a substance abuse
36-13 assessment and intervention program for the public schools. Each
36-14 school district may implement the program under guidelines adopted
36-15 by the agency and the commission.>
36-16 <(g) The commission may contract with other entities to
36-17 provide assistance to peer program coordinators in relation to the
36-18 development of guidelines, strategies, and tools that can be used
36-19 in peer assistance and leadership programs throughout the state.>
36-20 <(h) A school district may implement a peer assistance and
36-21 leadership class. If a school district implements a class under
36-22 this subsection, credit for the class may apply toward the class
36-23 credit required for graduation.>
36-24 <Sec. 11.209. INDUSTRIAL TRAINING PROGRAMS. (a) After
36-25 consultation with the Adult Education Advisory Committee of the
36-26 State Board of Education and the Texas Department of Commerce, the
36-27 Central Education Agency shall develop an industrial training
37-1 program to:>
37-2 <(1) enhance employment opportunities in existing
37-3 businesses and industries in this state; and>
37-4 <(2) encourage the location and development of new
37-5 businesses and industries in this state.>
37-6 <(b) Existing educational facilities available through
37-7 public school districts, public junior colleges, and public
37-8 universities must be used in developing and conducting the program.>
37-9 <(c) The Central Education Agency may:>
37-10 <(1) provide preemployment and developmental training
37-11 to provide employment opportunities in new or expanding industries;>
37-12 <(2) provide preemployment and developmental training
37-13 to provide civilian employment opportunities with federal military
37-14 reservations in this state;>
37-15 <(3) conduct industrial training seminars in
37-16 conjunction with public or private employers;>
37-17 <(4) provide grants for any necessary renovation of
37-18 existing educational facilities or for equipment necessary for
37-19 training purposes; and>
37-20 <(5) adopt rules or take other actions considered
37-21 necessary by the agency to fully implement this section.>
37-22 <(d) A public secondary school, junior college, or
37-23 university may request the Texas Department of Commerce to
37-24 recommend that the Central Education Agency establish at the
37-25 educational institution industrial training courses that are
37-26 designed to meet the employee training needs of employers,
37-27 including federal military reservations, located in the geographic
38-1 area of the institution. The agency may exercise its discretion in
38-2 determining whether to establish a course. To qualify for the
38-3 creation of a course, the institution must reasonably foresee a
38-4 hiring requirement in the specific skill to be taught.>
38-5 <Sec. 11.2092. INVESTMENT CAPITAL FUND. (a) The investment
38-6 capital fund consists of money transferred to the fund as provided
38-7 by Section 16.152(m) of this code. The Central Education Agency
38-8 shall administer the fund. The purpose of this fund is to assist
38-9 eligible public schools to implement practices and procedures
38-10 consistent with deregulation and school restructuring in order to
38-11 improve student achievement and increase parental and community
38-12 involvement in the schools.>
38-13 <(b) The commissioner of education may make grants from the
38-14 fund to eligible schools. A school may apply for a grant under
38-15 rules adopted by the State Board of Education.>
38-16 <(c) A school is eligible to apply for a grant if the school
38-17 has demonstrated a commitment to campus deregulation and to
38-18 restructuring educational practices and conditions at the school in
38-19 partnership with:>
38-20 <(1) school staff;>
38-21 <(2) parents of students at the school;>
38-22 <(3) community and business leaders;>
38-23 <(4) school district officers;>
38-24 <(5) a nonprofit, community-based organization; and>
38-25 <(6) the Central Education Agency.>
38-26 <(d) A grant from the fund shall be made directly to the
38-27 school and may be used for the training and development of school
39-1 staff and parents in order that they understand the academic
39-2 standards and practices necessary for high academic achievement and
39-3 appropriate strategies to deregulate and restructure the school in
39-4 order to improve student achievement.>
39-5 <(e) The commissioner of education may make a grant of up to
39-6 $25,000 each academic year to an eligible school. Campus
39-7 administration personnel of a school that receives a grant under
39-8 this section are accountable to the commissioner of education and
39-9 must demonstrate:>
39-10 <(1) the responsible use of the grant to achieve
39-11 campus deregulation and restructuring to improve academic
39-12 performance; and>
39-13 <(2) a comprehensive plan to engage in on-going
39-14 development and training of teachers, parents, and community
39-15 leaders to:>
39-16 <(A) understand academic standards;>
39-17 <(B) develop effective strategies to improve
39-18 academic performance; and>
39-19 <(C) organize a large constituency of parents
39-20 and community leaders to hold the school and school district
39-21 accountable to achieve high academic standards; and>
39-22 <(3) on-going progress in achieving higher academic
39-23 performance.>
39-24 (Sections 7.007-7.050 reserved for expansion
39-25 SUBCHAPTER B. STATE BOARD OF EDUCATION
39-26 Sec. 7.051 <11.2101>. COMPOSITION <OF BOARD>. (a) The
39-27 board <State Board of Education> is composed of 15 members elected
40-1 from districts. Each district from which a board member is elected
40-2 is composed as provided by the former Sections 11.2101(b)-(t), as
40-3 enacted by Chapter 2, Acts of the 72nd Legislature, 2nd Called
40-4 Session, 1991 <this section>.
40-5 (b) Members of the board are elected at biennial general
40-6 elections held in compliance with the Election Code <District No. 1
40-7 is composed of Brewster, Crane, Crockett, Culberson, Dimmit,
40-8 Edwards, El Paso, Hudspeth, Jeff Davis, Kinney, La Salle, Maverick,
40-9 Midland, Pecos, Presidio, Reeves, Schleicher, Starr, Sutton,
40-10 Terrell, Upton, Uvalde, Val Verde, Webb, Zapata, and Zavala
40-11 counties>.
40-12 <(c) District No. 2 is composed of Aransas, Calhoun,
40-13 Cameron, Goliad, Kenedy, Kleberg, Matagorda, Nueces, Refugio, San
40-14 Patricio, Victoria, and Willacy counties; Hidalgo County tracts
40-15 0204.02, 0205.01, 0205.02, 0206, 0207.01, 0207.02, 0207.03,
40-16 0208.01, 0208.02, 0209.01, 0209.02, 0210, 0211, 0212.01, 0212.02,
40-17 0214.01, 0214.02, 0215, 0216, 0217, 0218.01, 0218.02, 0219,
40-18 0220.01, 0220.02, 0221.01, 0221.02, 0223, 0224, 0225, 0226,
40-19 0227.01, 0227.02, 0228, 0229, 0230, 0231.01, 0231.02, 0236, 0237,
40-20 0238, 0239.01, 0239.02, and 0240; and that part of Hidalgo County
40-21 tract 0203 included in blocks 501A, 501B, 502A, 502B, 503, 504,
40-22 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517,
40-23 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530,
40-24 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, and 542; and
40-25 that part of Hidalgo County tract 0204.01 included in blocks 601,
40-26 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614,
40-27 615, 616, 617, 618, 619A, 619B, 620, 621, 622, 623, 624, 625, 626,
41-1 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639,
41-2 640, 641, 642, 643, 644, and 645; and that part of Hidalgo County
41-3 tract 0205.03 included in blocks 101, 102, 103, 104, 105, 106, 107,
41-4 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120,
41-5 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133,
41-6 134, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211,
41-7 212, 213, 214A, 214B, 215, 216, 217, 218, 219, 220, 221A, 221B,
41-8 221C, 222, 223, 224, 225, 226, 227, 301A, 301B, 302, 303, 304, 305,
41-9 306, 307, 308A, 308B, 308C, 309, 310, 311A, 311B, 312A, 312B, 313,
41-10 314, 315, 316A, 316B, 317A, 317B, 318, 319A, 319B, 321, 322, 323,
41-11 and 324; and that part of Hidalgo County tract 0213.02 included in
41-12 blocks 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110,
41-13 130, 201, 202A, 202B, 204A, 204B, 205A, 205B, 209A, 209B, 210, 211,
41-14 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224,
41-15 and 225; and that part of Hidalgo County tract 0213.03 included in
41-16 blocks 101A, 101B, 102, 103, 104, 128, 129A, 129B, 130, 131, 132,
41-17 133, 134, 135, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 206A,
41-18 206B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312,
41-19 313, 314, 315, 316, 317, 318, 319, 320, 321A, 321B, 322, 323, 324,
41-20 325, 326, 327, 328, and 399; and that part of Hidalgo County tract
41-21 0222 included in blocks 103, 104, 105, 106, 107, 108, 109, 110,
41-22 111, 112, 113, 114, 115, 116, 117A, 117B, 118A, 118B, 119, 120,
41-23 121, 122, 123, 201, 202, 203A, 203B, 204A, 204B, 205A, 205B, 206,
41-24 207A, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 301, 302, 303,
41-25 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316,
41-26 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412,
41-27 413, 414, 415, 416, 417, 418, 419, 501A, 501B, 502A, 502B, 502C,
42-1 503A, 503B, 504A, 504B, 505A, 505B, 506, 507, 508, 509, 510, 511,
42-2 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524,
42-3 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537,
42-4 538, and 539; and that part of Hidalgo County tract 0235.01
42-5 included in blocks 254, 301A, 301B, 302, 303, 304, 305, 306, 307,
42-6 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316A, 316B, 317,
42-7 318A, 318B, 319A, 319B, 320, 321, 322, 323, 324, 325, 326, 327A,
42-8 327B, 328A, 328B, 328C, 329, 330, 331A, 331B, 401, 402, 403, 404,
42-9 405, 406, 501A, 501B, 502A, 502B, 503A, 503B, 504A, 504B, 505A,
42-10 505B, 506, 507A, 507B, 508, 509, 510, 511, 512, 513, 514, 515, 516,
42-11 517, 518, 519, 520A, and 520B; and that part of Hidalgo County
42-12 tract 0235.02 included in blocks 201, 202, 203, 204, 255, 256, 257,
42-13 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270,
42-14 271, 301, 302, 303, 304, 305, 306, 310, 311, 315, 316, 317, 318,
42-15 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 332, 336, 337,
42-16 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 370, 371,
42-17 372, 373, 374, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410,
42-18 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423,
42-19 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436,
42-20 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449,
42-21 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462,
42-22 463, 464, 465, 466, 467, 468, 469, and 499; and that part of
42-23 Hidalgo County tract 0241 included in blocks 163, 164, 165, 176,
42-24 177, 201, 219, 220, 221, 244, 245A, 245B, 246A, 246B, 247A, and
42-25 247B.>
42-26 <(d) District No. 3 is composed of Atascosa, Bee, Brooks,
42-27 Duval, Frio, Jim Hogg, Jim Wells, Live Oak, McMullen, and Medina
43-1 counties; Bexar County tracts 1101, 1102, 1103, 1104, 1105, 1106,
43-2 1107, 1108, 1109, 1110, 1201.85, 1202.85, 1207, 1214.01, 1214.02,
43-3 1301, 1302, 1303, 1304, 1305, 1306, 1307.85, 1308, 1308.84, 1309,
43-4 1310, 1311, 1312, 1313, 1314, 1315.01, 1315.02, 1316.04, 1318,
43-5 1401, 1402, 1403, 1404, 1405, 1406, 1407, 1408, 1409, 1410, 1411,
43-6 1412, 1413, 1414, 1415, 1416, 1417, 1418, 1419, 1501, 1502, 1503,
43-7 1504, 1505, 1506, 1507, 1508, 1509, 1510, 1511, 1512, 1513, 1514,
43-8 1515, 1516, 1517, 1518, 1519, 1520, 1521, 1522, 1601, 1602, 1603,
43-9 1604, 1605, 1606, 1607.85, 1608, 1609, 1610.85, 1611, 1612, 1613,
43-10 1614.01, 1614.85, 1615.01, 1615.02, 1616, 1617, 1618, 1619, 1620,
43-11 1701, 1702, 1703, 1704, 1705, 1706, 1707, 1708, 1709, 1710, 1711,
43-12 1712, 1713, 1714, 1715, 1716, 1717, 1718, 1719.01, 1719.02,
43-13 1719.03, 1719.04, 1719.05, 1719.06, 1720, 1801, 1802, 1803, 1804,
43-14 1805.01, 1805.02, 1806, 1808, 1809.01, 1809.02, 1810.03, 1810.04,
43-15 1810.05, 1816, 1817.06, 1901, 1902, 1903, 1904, 1905, 1906, 1907,
43-16 1908, 1909, 1910.01, and 1910.02; and that part of Bexar County
43-17 tract 1205.01 included in blocks 101, 102, 103, 104, 105, 106, 107,
43-18 108, 109, 110, 111, 201, 202, 203, 204, 205, 206, 207, 208, 301,
43-19 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315,
43-20 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 501,
43-21 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514,
43-22 515, 516, 517, 518, 519, and 520; and that part of Bexar County
43-23 tract 1205.02 included in blocks 101, 102, 103, 104, 105, 106, 118,
43-24 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213,
43-25 214, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 402,
43-26 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503,
43-27 504, 518, 519, 602, 603, 604, 605, 606, 608, and 609; and that part
44-1 of Bexar County tract 1212.01 included in blocks 102, 103, 104,
44-2 105, 106, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118,
44-3 119, 120, 121, 122, 123, 124, 125, 126, 127, 201, 202, 203, 204,
44-4 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217,
44-5 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 301, 302, 303,
44-6 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402,
44-7 403, 404, 405, 406, 407, 408, 507, and 508; and that part of Bexar
44-8 County tract 1213 included in blocks 101, 102A, 102B, 103, 104,
44-9 105, 106, 107, 108, 109, 110, 111, 112, 113A, 113B, 114, 115, 116,
44-10 117, 118, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204,
44-11 205, 206, 207, 208, 209, 214, 215, 216, 217, 227, 228, 231, and
44-12 232; and that part of Bexar County tract 1215.02 included in blocks
44-13 301A, 301B, 302, 303, 304, 401, 402, 403, 404, 405, 406, 407, 501,
44-14 502, 503, 504, 505, 506, 507, and 508; and that part of Bexar
44-15 County tract 1215.03 included in blocks 101, 102, 103, 104, 105,
44-16 106, 107, 108, 109, 110, 111, 201, 202, 203, 204, 205, 206, 207,
44-17 208, 209, 301, 302, 303, 304, 401, 402, 403, 404, 405, 406, 407,
44-18 408, 409, and 410; and that part of Bexar County tract 1807.01
44-19 included in blocks 201, 202, 203, 204, 205, 206, 207, 208, 209,
44-20 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309,
44-21 310, 401, 402, 403, 404, and 405; and that part of Bexar County
44-22 tract 1807.02 included in blocks 215 and 216; and that part of
44-23 Bexar County tract 1813 included in blocks 601, 602, 603, 604, 605,
44-24 606, 607, 608, and 609; and that part of Bexar County tract 1817.04
44-25 included in blocks 202, 203, 204, 206, 207A, 207B, 208A, 208B, 209,
44-26 210, 211, 212, 213, 214A, 214B, 215, 216, 217, 218, 219, 301, 302,
44-27 303, 304A, 304B, 304C, 304D, 305, 401, 402, 403, and 404; and that
45-1 part of Bexar County tract 1817.05 included in blocks 305, 306A,
45-2 306B, 307A, 307B, 307C, 309, 310, 311, 312, 313, 314, and 315; and
45-3 that part of Bexar County tract 1817.07 included in blocks 401,
45-4 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 501, 502, 503,
45-5 504, 505, 506, 507, 508, and 509; and that part of Bexar County
45-6 tract 1817.08 included in blocks 201, 202A, 202B, 203, 204, 205,
45-7 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305,
45-8 306, 307, 308, 309, 401A, 401B, 402, 403, 404, 405, 406, 407, 408,
45-9 409, 410, 411, 501A, 501B, 501C, 502, 503, and 504; and that part
45-10 of Bexar County tract 1817.09 included in blocks 101, 102, 103,
45-11 104, 105, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501A, 501B,
45-12 502A, 502B, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513,
45-13 and 514; and that part of Bexar County tract 1818.03 included in
45-14 blocks 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114,
45-15 115, 116, 117, 118, 120A, and 120B; and that part of Bexar County
45-16 tract 1913 included in blocks 101, 102, 103, 104, 105, 106, 107,
45-17 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 151, 201,
45-18 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214,
45-19 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227,
45-20 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240,
45-21 241, 242, 243, 244, 301, 302, 303, 304, 305, 306, 307, 308, 309,
45-22 310, 311, 312, and 313; Hidalgo County tracts 0201, 0202, 0213.01,
45-23 0242.01, 0242.02, 0243.01, 0243.02, 0244, 0245, and 0246; and that
45-24 part of Hidalgo County tract 0203 included in blocks 101, 102, 103,
45-25 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116,
45-26 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 202, 203,
45-27 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216,
46-1 217, 218, 219, 220, 221, 222, 223, 301, 302, 303, 304, 305, 306,
46-2 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319,
46-3 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332,
46-4 336, 337, 338, 350, 351, 401, 402A, 402B, 403, 404, 405, 406, 407,
46-5 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420,
46-6 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433,
46-7 and 434; and that part of Hidalgo County tract 0204.01 included in
46-8 blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112,
46-9 113, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203, 204,
46-10 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217,
46-11 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 301, 302, 303,
46-12 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316,
46-13 317, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406, 407, 408,
46-14 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421,
46-15 422, 423, 424, 425, 501, 502, 503, 504, 505, 506, 507, 508, 509,
46-16 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522,
46-17 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535,
46-18 536, 537, 538, 539, 540, and 541; and that part of Hidalgo County
46-19 tract 0205.03 included in blocks 320A, 320B, and 320C; and that
46-20 part of Hidalgo County tract 0213.02 included in blocks 111A, 111B,
46-21 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123,
46-22 124, 125, 126, 127, 128, 129, 203A, 203B, 206A, 206B, 207A, 207B,
46-23 208A, and 208B; and that part of Hidalgo County tract 0213.03
46-24 included in blocks 105, 106, 107, 108, 109, 110, 111, 112, 113,
46-25 114A, 114B, 115, 116A, 116B, 117, 118, 119, 120, 121, 122, 123,
46-26 124, 125A, 125B, 126A, 126B, 127A, 127B, 204A, 204B, 205A, 205B,
46-27 and 205C; and that part of Hidalgo County tract 0222 included in
47-1 blocks 101 and 102; and that part of Hidalgo County tract 0235.01
47-2 included in blocks 101, 102, 103, 104, 105, 106, 107, 108, 109,
47-3 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122,
47-4 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135,
47-5 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148,
47-6 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161,
47-7 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173A, 173B,
47-8 174, 175A, 175B, 176A, 176B, 177, 178, 179, 180, 181, 182, 183,
47-9 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196,
47-10 197, 199, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211,
47-11 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224,
47-12 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237,
47-13 238, 239A, 239B, 240, 241, 242A, 242B, 243A, 243B, 244, 245, 246,
47-14 247, 248, 249, 250, 251, 252, 253A, and 253B; and that part of
47-15 Hidalgo County tract 0235.02 included in blocks 101, 102, 103, 104,
47-16 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117,
47-17 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130,
47-18 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143,
47-19 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 205,
47-20 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218,
47-21 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231,
47-22 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244,
47-23 245, 246, 247, 248A, 248B, 249A, 249B, 250, 251, 252, 253, 254,
47-24 307, 308, 309, 312, 313, 314, 329, 330, 331, 333, 334, 335, 349,
47-25 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362,
47-26 363, 364, 365, 366, 367, 368, 369, 375, and 376; and that part of
47-27 Hidalgo County tract 0241 included in blocks 101, 102, 103, 104,
48-1 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117,
48-2 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130,
48-3 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143,
48-4 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156,
48-5 157, 158, 159, 160, 161, 162, 166, 167, 168, 169, 170, 171, 172,
48-6 173, 174, 175, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187,
48-7 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 199, 202, 203,
48-8 204, 205, 206, 207, 208, 209, 210A, 210B, 211A, 211B, 212, 213,
48-9 214A, 214B, 215A, 215B, 216, 217, 218, 222A, 222B, 223, 224, 225A,
48-10 225B, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230, 231, 232A,
48-11 232B, 233, 234, 235, 236, 237A, 237B, 237C, 238, 239A, 239B, 240A,
48-12 240B, 241, 242, 243, 301A, 301B, 302A, 302B, 303, 304, 305, 306,
48-13 307, 308, 309, 310, 311, 312, 313A, 313B, 314, 315, 316, 317, 318,
48-14 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329A, 329B, 330,
48-15 331, 332, 333A, 333B, 334, 335, 336, 337, 401, 402, 403, 404, 405,
48-16 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418,
48-17 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431,
48-18 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444,
48-19 445, 446, 447A, 447B, 448, 449, 450, 451A, 451B, 452A, 452B, 453A,
48-20 453B, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465,
48-21 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478,
48-22 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491,
48-23 492, 493, 494, 495, 496, 497, 501A, 501B, 502A, 502B, 503, 504A,
48-24 504B, 505A, 505B, 506A, 506B, 507A, 507B, 508A, 508B, 509A, 509B,
48-25 510, 511, 512, 513A, 513B, 514A, 514B, 515A, 515B, 516A, 516B,
48-26 517A, 517B, 518, 519A, 519B, 520A, 520B, 521, 522, 523, 524, 525,
48-27 526, 527, 528, 529, 530, 531, 532, 533, 534, and 535.>
49-1 <(e) District No. 4 is composed of Fort Bend County tracts
49-2 0701.13, 0701.14, 0701.15, 0701.23, 0701.24, and 0701.33; and that
49-3 part of Fort Bend County tract 0701.01 included in blocks 102A,
49-4 102B, 103, 104, 105, 106A, and 106B; and that part of Fort Bend
49-5 County tract 0701.07 included in blocks 108A, 108B 113A, 113B,
49-6 113C, 114, 115, 116, 117A, 117B, 118, 119, 120, 121, 122A, 122B,
49-7 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135,
49-8 136A, 136B, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147A,
49-9 147B, 148, 149, 150, 151, 152, 153A, 153B, 154, 155, 156, 157, 158,
49-10 159, 160A, 160B, 161, 162, 163, 164, 165A, 165B, 166A, 166B, 167A,
49-11 167B, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178A, 178B,
49-12 179A, 179B, 180, 181A, 181B, 182, 183, 184, 185, 186, 187, 188,
49-13 189, 190, 191, and 199Y; and that part of Fort Bend County tract
49-14 0701.12 included in blocks 201, 202, 203, 204, 205, 206, 207, 208,
49-15 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 219B, 220,
49-16 221A, 221B, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334,
49-17 335, 336, 337, 338, 339, and 340; and that part of Fort Bend County
49-18 tract 0701.22 included in blocks 120, 401, 402, 403, 404, 405, 406,
49-19 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, and 418; and
49-20 that part of Fort Bend county tract 0701.25 included in blocks 101,
49-21 102, 103A, 103B, 103C, 104, 105, 106, 107, 108, 109, 110, 111A,
49-22 111B, 111C, 111D, 111E, 111F, 118, 119A, 119B, 120, 121, 122, 123,
49-23 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213,
49-24 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, and 225; and
49-25 that part of Fort Bend County tract 0701.26 included in blocks 209,
49-26 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222,
49-27 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235,
50-1 236A, 236B, 237, 239, 240, 241, 242, 243, 244, 245, 301, 302, 303,
50-2 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316,
50-3 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329,
50-4 330, 331, 332, 333, 334, 335A, 335B, 336, 337, 338, 339, 340, 341,
50-5 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352A, 352B, 353,
50-6 354, 355A, 355B, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365,
50-7 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, and 376; Harris
50-8 County tracts 0121, 0201.01, 0201.02, 0202.10, 0202.20, 0203.01,
50-9 0203.02, 0203.03, 0204, 0205.01, 0205.03, 0205.98, 0206.01,
50-10 0206.98, 0207.01, 0207.02, 0207.03, 0207.04, 0208.01, 0208.02,
50-11 0208.03, 0209, 0210.01, 0210.02, 0211, 0211.99, 0212, 0213.01,
50-12 0213.02, 0214.01, 0214.02, 0215.01, 0215.02, 0215.03, 0216.01,
50-13 0216.02, 0217.01, 0217.02, 0218.01, 0218.02, 0218.03, 0218.04,
50-14 0219, 0220.01, 0220.02, 0221, 0222.02, 0223.02, 0223.03, 0224.01,
50-15 0224.02, 0224.03, 0224.04, 0225.01, 0225.02, 0225.03, 0225.04,
50-16 0226.01, 0226.02, 0227, 0228.01, 0228.02, 0231, 0232, 0232.99,
50-17 0239.10, 0239.20, 0240.01, 0240.02, 0240.03, 0241.01, 0241.02,
50-18 0241.03, 0300.22, 0300.23, 0300.24, 0301.01, 0301.02, 0302, 0303,
50-19 0304.01, 0304.02, 0305.01, 0305.02, 0306, 0307.01, 0307.02,
50-20 0308.10, 0308.20, 0309.01, 0309.02, 0309.03, 0310, 0311, 0311.99,
50-21 0312, 0313.01, 0313.02, 0314.01, 0314.02, 0315, 0316.01, 0316.02,
50-22 0317.01, 0317.02, 0317.03, 0317.04, 0318.01, 0318.02, 0318.03,
50-23 0318.04, 0319.01, 0319.02, 0320.01, 0320.02, 0320.03, 0320.04,
50-24 0321.01, 0321.02, 0321.03, 0322.01, 0322.02, 0323.01, 0323.02,
50-25 0324.01, 0324.02, 0324.04, 0325.01, 0325.02, 0326.10, 0327.01,
50-26 0327.02, 0328.01, 0328.02, 0328.03, 0329.01, 0329.02, 0329.03,
50-27 0330.01, 0330.02, 0331.10, 0331.20, 0332, 0333, 0334, 0335.03,
51-1 0335.97, 0335.98, 0336, 0337, 0338, 0339.01, 0339.02, 0339.03,
51-2 0340, 0341, 0342, 0343.01, 0343.02, 0352, 0400.25, 0400.26,
51-3 0401.01, 0401.02, 0402.01, 0402.02, 0403, 0404.01, 0404.02,
51-4 0405.01, 0405.02, 0415.01, 0415.02, 0415.03, 0415.04, 0424.01,
51-5 0425.01, 0426.01, 0427.01, 0427.98, 0430.02, 0432.98, 0433.10,
51-6 0433.20, 0433.30, 0434.01, 0434.02, 0435.01, 0435.02, 0436.33,
51-7 0501, 0502, 0503.01, 0503.02, 0504, 0505.01, 0505.02, 0506.01,
51-8 0506.02, 0507.01, 0507.02, 0508, 0509.01, 0509.02, 0509.03, 0510,
51-9 0511, 0512, 0513, 0514.01, 0514.02, 0515.01, 0515.02, 0516.01,
51-10 0516.02, 0518.03, 0519.02, 0520.01, 0520.02, 0520.03, 0521.01,
51-11 0521.02, 0521.03, 0523.01, 0523.02, 0523.03, 0524, 0525.02,
51-12 0525.03, 0525.04, 0530.02, 0531.03, 0533.01, 0533.02, 0534.01,
51-13 0535.20, and 0537.32; and that part of Harris County tract 0223.01
51-14 included in blocks 101A, 101B, 101C, 106, 107, 108, 109, 110, 111,
51-15 112, 113, 114, 115, 116, 117, 126, 129, 130, 131, 201A, 201B, 202,
51-16 203, 205, 206A, 206B, 501A, 501B, 524, 525, 526, and 527; and that
51-17 part of Harris County tract 0230.04 included in blocks 636A, 636B,
51-18 637A, 637B, 638A, 638B, 639, 640, 641, 642A, and 642B; and that
51-19 part of Harris County tract 0236 included in blocks 102, 103, 104,
51-20 105, 107, 201, 202, 203, 208, 209, 301, 302, 303, 304A, 304B, 304C,
51-21 306, 307, 308, 501, 502, 503, 504, 505, 506, 507, 508, 509, 601,
51-22 602, 603, 604B, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614,
51-23 615, 616, 617, 618, 901, 902, 903, 904, 905, 906, 907, 908, 909,
51-24 910, 911, 912, 913, 914, 915, 916, 917B and 918B; and that part of
51-25 Harris County tract 0237 included in blocks 901E and 909B; and that
51-26 part of Harris County tract 0242 included in blocks 203, 204, 205,
51-27 206, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312,
52-1 and 313; and that part of Harris County tract 0243 included in
52-2 blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112,
52-3 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125,
52-4 126, 127, 128, 129, 130, 206, 207, 208A, 208B, 209, 210, 211, 212,
52-5 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225,
52-6 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238,
52-7 239, 240, 241, 242, 243, 244, 245, and 246; and that part of Harris
52-8 County tract 0322.03 included in blocks 301, 302, 303, 304, 305,
52-9 306, 307, 308, 309, 310, and 311; and that part of Harris County
52-10 tract 0350.01 included in blocks 101A, 101B, 102, 103A, 103B, 104,
52-11 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117,
52-12 118, 119, 120, 121, 122, 123, 124, 125, 126, 127A, 127B, 128, 129,
52-13 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142,
52-14 and 199; and that part of Harris County tract 0351 included in
52-15 blocks 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110,
52-16 111, 112, 113, 114, 115, 116, 117, 118, 119, 199, 201, 202, 203,
52-17 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216,
52-18 217, 218, 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305,
52-19 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, and
52-20 318; and that part of Harris County tract 0414.02 included in
52-21 blocks 101, 102, 103, 105, 106, 107, 108, 109, 201, and 202; and
52-22 that part of Harris County tract 0424.02 included in block 509; and
52-23 that part of Harris County tract 0425.02 included in blocks 315,
52-24 403, 404, and 405; and that part of Harris County tract 0426.02,
52-25 included in blocks 306, 313, 314, 315, 401, 402, 403, 406, 407,
52-26 408, 409, 413, and 415; and that part of Harris County tract 0431
52-27 included in blocks 201, 206, 207, 208, 209, 210, 211, 301, 302,
53-1 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, and
53-2 402; and that part of Harris County tract 0436.01 included in
53-3 blocks 110, 111, 112, 113, 114, 115, 117, 118, 119, 601, 611, 612,
53-4 613, 614, 615, 616, 617, 618, 619, 620, 621, and 622; and that part
53-5 of Harris County tract 0436.02 included in blocks 301, 302, 303,
53-6 304, 313, 314, 315, 401, 402, and 403; and that part of Harris
53-7 County tract 0436.23 included in blocks 101A, 101B, 102, 103, 104,
53-8 105, 106, 107, 201, 202, 203, 204, 205, 206, 207, 501, 502, 503,
53-9 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 515B,
53-10 516A, 516B, 517, and 518; and that part of Harris County tract
53-11 0518.02 included in blocks 302, 303, 304, 318, 401, 402, 403, 404,
53-12 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 419,
53-13 420, 601, 615, 617, 618, 622, and 623; and that part of Harris
53-14 County tract 0519.01 included in blocks 107, 108, 109, 110, 113,
53-15 114, and 115; and that part of Harris County tract 0519.03 included
53-16 in blocks 314, 315, 316, 317, 318, 322, 323, 326, 401, 402, 403,
53-17 404, 405, 406, 407, 408, 409, 410A, 411, 412, 413, 414, and 415;
53-18 and that part of Harris County tract 0530.03 included in blocks
53-19 101A, 101B, 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110,
53-20 111, 112, 113, 114, 115, 116, 117, 118, 119, 305, 306, 307, 308,
53-21 309, 502B, 502D, 516, 517A, 517B, 518, 519, 520, 521, 522, 523,
53-22 524A, 524B, 525A, 525B, 526, 527, 601, 602, 603, 604, 605A, 605B,
53-23 606, 607, 608, 609A, 609B, and 610; and that part of Harris County
53-24 tract 0531.01 included in blocks 201A, 201B, 202A, 202B, 209, 210,
53-25 211, 213, 232, 233, 235, 236, 237, 238, 239, 242, 243, 244, 245,
53-26 301, 302, 303, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317,
53-27 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 401,
54-1 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414,
54-2 415, 416, 417, 418, 419, 420, 421, 422, 501, 502, 503, 504, 505,
54-3 506A, and 506B; and that part of Harris County tract 0533.03
54-4 included in blocks 101, 102, 103, 104, 111, 112, 117, 118, 119,
54-5 120, 121, 122, 201, 233, 234, 240, 241, and 242; and that part of
54-6 Harris County tract 0535.10 included in blocks 301A, 301B, 301C,
54-7 302, 303, 304, 305, 306, 307A, 307B, 308A, 308B, 309A, 309B, 310,
54-8 311, 312, 313, and 314; and that part of Harris County tract
54-9 0537.22 included in blocks 401, 402, 403, 404, 405, 406A, 406B,
54-10 406C, 407, 408, 409, 410, 411, 412A, 412B, 413A, and 413B; and that
54-11 part of Harris County tract 0538.22 included in blocks 201, 202,
54-12 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 304, 305,
54-13 306, 307, 308, 309, 310, 311, 401, 402, 403, 404, 405, 406, 407,
54-14 408, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513,
54-15 514, 515, 516, and 517.>
54-16 <(f) District No. 5 is composed of Bandera, Bell, Blanco,
54-17 Burnet, Comal, Concho, Coryell, De Witt, Gillespie, Gonzales,
54-18 Guadalupe, Karnes, Kendall, Kerr, Kimble, Lampasas, Llano,
54-19 McCulloch, McLennan, Mason, Menard, Real, San Saba, and Wilson
54-20 counties; Bexar County tracts 1203, 1204, 1206, 1208, 1209.01,
54-21 1209.02, 1210, 1211.03, 1211.04, 1211.05, 1211.06, 1211.07,
54-22 1211.08, 1212.02, 1215.01, 1215.04, 1216.01, 1216.03, 1216.04,
54-23 1217, 1218.01, 1218.02, 1218.03, 1218.04, 1218.05, 1219.01,
54-24 1219.02, 1316.01, 1316.03, 1317, 1810.01, 1811, 1812, 1814.01,
54-25 1814.02, 1815.01, 1815.02, 1817.01, 1817.03, 1817.10, 1818.01,
54-26 1818.02, 1818.04, 1818.05, 1819, 1820, 1821, 1911.01, 1911.02,
54-27 1912, 1914.01, 1914.02, 1914.03, 1914.04, 1914.05, 1915.01,
55-1 1915.02, 1916, 1917, 1918.01, 1918.02, and 1918.03; and that part
55-2 of Bexar County tract 1205.01 included in blocks 310, 601, 602,
55-3 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 701,
55-4 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713A, 713B,
55-5 714, 801, 802, 803, and 804; and that part of Bexar County tract
55-6 1205.02 included in blocks 601 and 607; and that part of Bexar
55-7 County tract 1212.01 included in blocks 101, 107, 501, 502, 503,
55-8 504, 505, 506, 601, 602, 603, 701, 702, 703, 704, and 705; and that
55-9 part of Bexar County tract 1213 included in blocks 301, 302, 303,
55-10 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316,
55-11 317, 318, 319, 401, 402, 403, 404, 405, 406, 407, 501A, 501B, 501C,
55-12 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, and 512; and that
55-13 part of Bexar County tract 1215.02 included in blocks 101, 102,
55-14 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202A,
55-15 202B, 203, 204, 205, 206, 207, 208, and 209; and that part of Bexar
55-16 County tract 1215.03 included in blocks 501, 502A, 502B, 503, 504,
55-17 505, 506, 507, 601, 602, 603, 604, 605, 606A, 606B, 606C, 607, 608,
55-18 609, 610, 611A, 611B, 701A, 701B, 701C, 702, 703, 704, 705, 801,
55-19 802, 803, and 804; and that part of Bexar County tract 1807.01,
55-20 included in blocks 101, 102, 103, 104, 105, and 106; and that part
55-21 of Bexar County tract 1807.02 included in blocks 101, 102, 103,
55-22 104, 105, 106, 107, 108, 109, 110, 201, 202, 203, 204, 205, 206,
55-23 207, 208, 209, 210, 211, 212, 213, 214, 301, 302, 303, 304, 305,
55-24 401, 402, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511,
55-25 512, 513, 514, 515, 516, and 517; and that part of Bexar County
55-26 tract 1813, included in blocks 101, 102, 103, 104, 105, 106, 107,
55-27 108, 109, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205,
56-1 206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 304, 305, 306,
56-2 307, 308, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405, 406,
56-3 407, 408, 409, 410, 411, and 501; and that part of Bexar County
56-4 tract 1817.04 included in blocks 101, 102, 103, 104, 105, 106, 201,
56-5 205A, and 205B; and that part of Bexar County tract 1817.05
56-6 included in blocks 101A, 101B, 101C, 102, 103, 104, 201A, 201B,
56-7 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 308A, and
56-8 308B; and that part of Bexar County tract 1817.07 included in
56-9 blocks 101, 102, 103, 104, 105, 106, 107, 201A, 201B, 202, 203,
56-10 204, 205, 206, 207, 301, 302, 303, 304, 305, 306, 307, 308, 309,
56-11 310, 601A, 601B, 601C, 601D, 602, 603, 604, 605, 606, and 607; and
56-12 that part of Bexar County tract 1817.08 included in blocks 101A,
56-13 101B, 102, 103, 104, 105, 106A, 106B, 106C, 107, 505, 506, 507, and
56-14 508; and that part of Bexar County tract 1817.09 included in blocks
56-15 201A, 201B, 202, 203, 301, 302, 303, 304, 305, 410, and 411; and
56-16 that part of Bexar County tract 1818.03 included in blocks 101,
56-17 102A, 102B, 102C, 119, 201, 202, 203, 204, 205, 206, 207, 208, 301,
56-18 302, 303, 304, 305, 306, and 307; and that part of Bexar County
56-19 tract 1913 included in blocks 401, 402, 403, 404, 405, 406, 407,
56-20 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420,
56-21 421, 422, 423, 424, 425, 426, 427, 428, 429, 501, 502, 503, 504,
56-22 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517,
56-23 518, 519, 520, 521, and 522.>
56-24 <(g) District No. 6 is composed of Fort Bend County tracts
56-25 0703.11, 0703.12, 0703.13, 0703.23, 0703.31, 0703.41, 0703.51,
56-26 0704, and 0705; and that part of Fort Bend County tract 0701.01,
56-27 included in blocks 101, 107, 108, 109A, 109B, 110, 111, 112, 113,
57-1 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202,
57-2 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 212B, 213, 214,
57-3 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227,
57-4 228, 229, 230, 231, 232, 233, 234A, 234B, 235, 236, 237, 238, 239,
57-5 240, 241A, and 241B; and that part of Fort Bend County tract
57-6 0701.12 included in blocks 101, 102, 103, 104, 105, 106A, 106B,
57-7 107A, 107B, 108, 109A, 109B, 110A, 110B, 110C, 110D, 110E, 111,
57-8 112, 113, 114, 115A, 115B, 115C, 116A, 116B, 117, 118, 119, 222,
57-9 223, 301, 302, 303, 304A, 304B, 304C, 305A, 305B, 306A, 306B, 307,
57-10 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320,
57-11 321A, 321B, 322, and 323; and that part of Fort Bend County tract
57-12 0701.22 included in blocks 101A, 101B, 102, 103, 104A, 104B, 105A,
57-13 105B, 106, 107, 108, 109A, 109B, 109C, 109D, 109E, 110, 111, 112A,
57-14 112B, 113, 114, 115, 116A, 116B, 117A, 117B, 118, and 119; and that
57-15 part of Fort Bend County tract 0702.12 included in blocks 101, 102,
57-16 103A, 103B, 104, 105A, 105B, 106, 107, 108, 109, 110, 111, 112,
57-17 113A, 113B, 113C, 114, 115, 116, 117, 118, 119, 120, 121, and 122;
57-18 and that part of Fort Bend County tract 0703.21 included in blocks
57-19 101, 102, 103, 104, 105, 106, 107, and 108A; and that part of Fort
57-20 Bend County tract 0703.22 included in blocks 101A, 101B, 101C, 102,
57-21 103, 104, 105, 106, 107, 201, 202, 203, 204, 205, 206, 207, 208,
57-22 301, 302, 303, 304, 305, 306, 307, 308, 309, 401, 402, 403, 404,
57-23 405, 501A, 501B, 501C, 502, 503, 504, 505, 601A, 601B, 601C, 602,
57-24 603, 604, 605, 606, 607, 608, 609, 610, 611, and 612; and that part
57-25 of Fort Bend County tract 0706 included in blocks 201, 202A, 202B,
57-26 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 212B, 212C,
57-27 212D, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224,
58-1 225, 226A, 226B, 227, 228, 229, 230, 231, 234, 235, 239, 240, 241,
58-2 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254,
58-3 255, 256, 257, 258, 259A, 259B, 259C, 259D, 260A, 260B, 263, 264,
58-4 265, 266, 299A, 299C, 303A, 303B, 303C, 303D, 303E, 303F, 303G,
58-5 304A, 304B, 305A, 305B, 306A, 306B, 307, 308, 309, 318, 319, 321,
58-6 325, 399, and 399Y; Harris County tracts 0222.01, 0406.10, 0406.20,
58-7 0406.30, 0407.01, 0407.02, 0408, 0409, 0410, 0411, 0412.01,
58-8 0412.02, 0413.01, 0413.02, 0413.03, 0414.01, 0416.01, 0416.02,
58-9 0416.03, 0416.04, 0416.05, 0417.01, 0417.02, 0418.01, 0418.02,
58-10 0419.01, 0419.02, 0419.03, 0419.04, 0419.05, 0419.06, 0420.01,
58-11 0420.02, 0420.03, 0421, 0422.01, 0422.02, 0422.03, 0422.04,
58-12 0423.01, 0423.02, 0423.03, 0423.04, 0423.05, 0423.06, 0423.07,
58-13 0424.03, 0424.04, 0425.03, 0425.04, 0428.01, 0428.02, 0429,
58-14 0430.01, 0436.13, 0437.11, 0437.12, 0437.21, 0437.22, 0437.32,
58-15 0438.04, 0438.06, 0438.11, 0438.12, 0438.13, 0438.15, 0438.21,
58-16 0438.22, 0438.23, 0438.25, 0438.31, 0438.32, 0438.42, 0439.01,
58-17 0439.97, 0439.98, 0440.01, 0440.02, 0440.03, 0440.04, 0440.05,
58-18 0440.06, 0441.01, 0441.02, 0442.01, 0442.02, 0442.03, 0442.04,
58-19 0443.01, 0443.02, 0443.03, 0443.04, 0443.05, 0443.06, 0444.01,
58-20 0444.02, 0444.03, 0444.04, 0445.01, 0445.02, 0446.01, 0446.03,
58-21 0446.12, 0446.22, 0447.01, 0447.02, 0447.03, 0448, 0449.10,
58-22 0449.20, 0450, 0451.01, 0451.12, 0451.22, 0451.32, 0452.01,
58-23 0452.12, 0452.22, 0452.32, 0517.01, 0517.02, 0517.03, 0517.04,
58-24 0517.05, 0518.01, 0522.01, 0522.02, 0525.01, 0526.01, 0526.02,
58-25 0526.03, 0526.04, 0527.01, 0527.02, 0527.03, 0528, 0529.01,
58-26 0529.12, 0529.22, 0530.01, 0531.02, 0532.01, 0532.02, 0534.02,
58-27 0536.02, 0536.11, 0536.21, 0537.01, 0537.12, 0538.11, 0538.12,
59-1 0538.21, 0538.31, 0539, 0540.01, 0540.12, 0540.22, 0541.10,
59-2 0541.20, 0541.30, 0542.02, 0542.11, 0542.97, 0542.98, 0543, 0544,
59-3 0545.01, 0545.12, 0545.22, 0545.32, 0546, 0547.98, 0548.98, 0549,
59-4 0550, 0551.01, 0551.12, 0551.22, 0552, 0553, 0554, 0555.01,
59-5 0555.12, 0555.22, 0555.32, 0556.01, 0556.12, 0556.22, 0557,
59-6 0558.12, and 0558.22; and that part of Harris County tract 0223.01
59-7 included in block 204; and that part of Harris County tract 0414.02
59-8 included in block 104; and that part of Harris County tract 0424.02
59-9 included in blocks 502, 503, 504, 505, 506, 507, 508, 601, 602,
59-10 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615,
59-11 616, 701, 702, 703, and 704; and that part of Harris County tract
59-12 0425.02 included in blocks 201, 202, 203, 204, 301, 302, 303, 304,
59-13 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 316, 317, 321,
59-14 323, 324, 325, 401, and 402; and that part of Harris County tract
59-15 0426.02 included in blocks 103, 104, 105, 106, 107, 110, 111, 112,
59-16 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210,
59-17 211, 212, 213, 214, 215, 216, 301, 302, 303, 304, 305, 307, 308,
59-18 309, 310, 311, 312, 404, 405, 410, 411, 412, 501, 502, 503, 504,
59-19 505, 506, 507, 508, 509, 510, 511, and 512; and that part of Harris
59-20 County tract 0431 included in blocks 103, 104, 105, 106, 107, 108,
59-21 109, 110, 111, 113, 114, 202, 203, 204, 205, 403, 404, 405, 406,
59-22 407, 408, 409, 410, 411, 414, 501, 502, 503, 504, 505, 506, 507,
59-23 508, 509, 510, 511, 512, and 513; and that part of Harris County
59-24 tract 0436.01 included in blocks 201, 202, 203, 204, 205, 206, 207,
59-25 208, 209, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311,
59-26 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 401, 402,
59-27 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415,
60-1 502, 503, 504, 505, 506, 527, 528, 529, 602, 603, 604, 605, 606,
60-2 607, 608, 609, 610, and 623; and that part of Harris County tract
60-3 0436.02 included in blocks 501, 502, 503, 504, 505, 506, 507, 508,
60-4 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521,
60-5 601, 602, 603, 604, 605, 606, 607, 608, 609, 701, 702, 703, 704,
60-6 705, 706, 707, 708, 709, 710, and 711; and that part of Harris
60-7 County tract 0436.23 included in blocks 301, 302, 303, 304, 305,
60-8 306, 307, 308, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405,
60-9 406, 407, 408, and 409; and that part of Harris County tract
60-10 0518.02 included in block 301; and that part of Harris County tract
60-11 0519.01 included in blocks 601, 602, 603, 604, 605, 606, 607, 608,
60-12 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621,
60-13 622, 623, 624, 625, 626, 627, 628, 629, 630, and 631; and that part
60-14 of Harris County tract 0519.03 included in blocks 410B, 416, 418,
60-15 419, 420, 421, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510,
60-16 511, 512, 513, 514, 515, 516, 517, 518, 519, and 520; and that part
60-17 of Harris County tract 0530.03 included in blocks 201, 202, 203,
60-18 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216,
60-19 217, 301, 302, 303A, 303B, 303C, 304, 310, 311, 312, 313, 314,
60-20 401A, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412,
60-21 413, 414, 501, 502A, 502C, 503, 504, 505, 506, 507, 508, 509, 510,
60-22 511, 512, 513, 514, and 515; and that part of Harris County tract
60-23 0531.01 included in blocks 304, 305, 306, and 307; and that part of
60-24 Harris County tract 0533.03 included in blocks 105A, 105B, 106,
60-25 107A, 107B, 108, 109, 110, 113, 114, 115, 116, 301, 302, 310, 317,
60-26 318, 319, 320, 327, 328, 329, 401A, 401B, 402, 403, 404, 406, 407,
60-27 410, 411, 414, 415, 416, 417, 423, 424, 425, 426, 427, 428, 429,
61-1 430, 431, and 432; and that part of Harris County tract 0537.22
61-2 included in blocks 101, 102, 103, 104, 105, 106, 107, 108, 109,
61-3 110, 111, 201, 202A, 202B, 203, 204, 205, 206, 207A, 207B, 301,
61-4 302A, 302B, 302C, 303A, 303B, and 303C; and that part of Harris
61-5 County tract 0538.22 included in blocks 101, 102, 103, 104, 105,
61-6 106, 107, 108, 109, 110, 111, 112, 113, 114, and 501.>
61-7 <(h) District No. 7 is composed of Brazoria, Chambers,
61-8 Galveston, and Jefferson counties; Harris County tracts 0230.01,
61-9 0230.02, 0230.03, 0233, 0233.99, 0261, 0264, 0264.99, 0265, 0266,
61-10 0267.01, 0267.02, 0267.03, 0268, 0269.01, 0269.02, 0270, 0271,
61-11 0272, 0273, 0274, 0275, 0322.04, 0324.03, 0326.20, 0344, 0345.01,
61-12 0345.02, 0346, 0347.01, 0347.02, 0347.03, 0347.04, 0348.01,
61-13 0348.02, 0349.01, 0349.02, 0350.02, 0350.03, 0350.04, 0353.01,
61-14 0353.02, 0354, 0354.99, 0355.01, 0355.02, 0356.01, 0356.02,
61-15 0356.03, 0356.04, 0357.01, 0357.02, 0357.03, 0358.01, 0358.02,
61-16 0359.11, 0359.12, 0359.21, 0359.22, 0359.32, 0360.01, 0360.02,
61-17 0360.03, 0360.04, 0361, 0362, 0363, 0364, 0365.01, 0365.02,
61-18 0365.03, 0366.02, 0366.11, 0366.21, 0366.31, 0366.41, 0367,
61-19 0368.01, 0368.02, 0369, 0370.10, 0370.20, 0371.02, 0371.11,
61-20 0371.21, 0372, 0373.02, 0373.03, 0373.04, 0373.11, 0373.21, 0374,
61-21 and 0375; and that part of Harris County tract 0230.04 included in
61-22 blocks 201A, 201B, 202, 203, 204A, 204B, 205A, 205B, 206, 242, 301,
61-23 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314,
61-24 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327,
61-25 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340,
61-26 341, 342, 343, 344, 345, 346, 401, 402, 403, 404, 405, 406, 407,
61-27 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420,
62-1 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433,
62-2 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 501,
62-3 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514,
62-4 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527,
62-5 528, 530, 531, 532, 533, 536, 537, 538, 539, 601, 602, 603, 604,
62-6 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617,
62-7 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630,
62-8 631, 632A, 632B, 633, 634, 635, 643, 644, 645, 646, 647, 648, 716,
62-9 740, 741, 742, 743, 744, 745, 801, 802, 803, 804, 805, 806, 807,
62-10 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820,
62-11 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833,
62-12 834, 837, 838, 839, 840, 841, 842, 843, 844, 845, 846, 847, 848,
62-13 849, and 850; and that part of Harris County tract 0263 included in
62-14 blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112,
62-15 113A, 113B, 113C, 114, 115, 116, 117, 118, 119, 120, 121, 125, 126,
62-16 127, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212,
62-17 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 304,
62-18 305, 306A, 306B, 306C, 307, 308, 309, 310, 311, 312, 313, 314, 315,
62-19 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 420, and 499Z;
62-20 and that part of Harris County tract 0322.03 included in blocks
62-21 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 325, 326, 401,
62-22 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414,
62-23 415, 707, 710, 711, 714, 722, 723, 724, and 725; and that part of
62-24 Harris County tract 0350.01 included in blocks 143 and 144; and
62-25 that part of Harris County tract 0351 included in blocks 401, 402,
62-26 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415,
62-27 416, 417, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511,
63-1 512, 513, 514, 515, 516, 517, and 518.>
63-2 <(i) District No. 8 is composed of Angelina, Cass, Gregg,
63-3 Hardin, Harrison, Jasper, Liberty, Marion, Nacogdoches, Newton,
63-4 Orange, Panola, Polk, Rusk, Sabine, San Augustine, San Jacinto,
63-5 Shelby, Trinity, Tyler, and Walker counties; Harris County tracts
63-6 0229, 0234, 0235, 0238, 0244.01, 0244.12, 0244.22, 0245.12,
63-7 0245.22, 0246, 0247.10, 0247.20, 0248, 0249.01, 0249.03, 0249.12,
63-8 0249.22, 0249.32, 0250, 0251, 0252, 0253, 0254, 0255, 0256, 0257,
63-9 0258, 0259.01, 0259.02, 0260, 0262, 0558.01, 0559.01, and 0559.02;
63-10 and that part of Harris County tract 0236 included in blocks 604A,
63-11 917A, 918A, 919, and 999; and that part of Harris County tract 0237
63-12 included in blocks 401, 402, 403, 404, 405, 406, 407, 408, 409,
63-13 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422,
63-14 901A, 901B, 901C, 901D, 902, 903, 904, 905, 906, 907, 908, 909A,
63-15 910A, 910B, 910C, 911A, 911B, 911C, 999A, 999B, and 999C; and that
63-16 part of Harris County tract 0242 included in blocks 101, 102, 103,
63-17 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116,
63-18 117, 201, and 202; and that part of Harris County tract 0243
63-19 included in blocks 201, 202A, 202B, 202C, 203, 204A, 204B, 204C,
63-20 205, 247, 248A, 248B, 249, 250, 251, and 252; and that part of
63-21 Harris County tract 0263 included in blocks 401, 402, 403, 404,
63-22 405, 406, 407, 408, 409, 410A, 410B, 410C, 410D, 411, 412, 413,
63-23 414, 415, 416, 417, 418A, 418B, 419, and 499Y; and that part of
63-24 Harris County tract 0535.10 included in blocks 101A, 101B, 102,
63-25 103, 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112,
63-26 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125,
63-27 126, 201, 202, and 203; Montgomery County tracts 0901.01, 0901.03,
64-1 0901.12, 0901.22, 0902.01, 0902.02, 0902.04, 0902.05, 0902.06,
64-2 0902.13, 0902.17, 0902.23, 0902.27, 0902.37, 0902.47, 0905,
64-3 0906.02, 0906.11, 0906.13, 0906.21, 0906.23, 0906.31, 0907.01,
64-4 0907.02, 0907.03, 0908.01, 0908.02, 0908.03, 0909, 0910.10,
64-5 0910.20, 0911.01, 0911.02, and 0912.02.>
64-6 <(j) District No. 9 is composed of Anderson, Bowie, Brazos,
64-7 Camp, Cherokee, Delta, Falls, Fannin, Franklin, Freestone, Grimes,
64-8 Henderson, Hill, Hopkins, Houston, Hunt, Kaufman, Lamar, Leon,
64-9 Limestone, Madison, Morris, Navarro, Rains, Red River, Robertson,
64-10 Smith, Titus, Upshur, Van Zandt, Waller, and Wood counties;
64-11 Montgomery County tracts 0903.02, 0903.11, 0903.21, 0904, and
64-12 0912.01.>
64-13 <(k) District No. 10 is composed of Austin, Bastrop,
64-14 Burleson, Caldwell, Colorado, Fayette, Hays, Jackson, Lavaca, Lee,
64-15 Milam, Travis, Washington, Wharton, and Williamson counties; Fort
64-16 Bend County tracts 0701.16, 0702.01, 0702.04, 0702.13, 0702.22,
64-17 0702.23, 0702.33, 0702.43, 0703.32, 0707.02, 0707.03, 0707.11,
64-18 0707.21, 0708, 0709.01, 0709.03, 0709.12, 0709.22, 0710.01,
64-19 0710.02, 0711, 0712, 0713, and 0714; and that part of Fort Bend
64-20 County tract 0701.07 included in blocks 101A, 101B, 102A, 102B,
64-21 103, 104, 105, 106, 107A, 107B, 109, 110A, 110B, 110C, 110D, 111A,
64-22 111B, 111C, 111D, 111E, 111F, 112, 199, and 199Z; and that part of
64-23 Fort Bend County tract 0701.22 included in blocks 201A, 201B, 201C,
64-24 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214,
64-25 301A, 301B, 302, 303, 304, 305, 306, and 307; and that part of Fort
64-26 Bend County tract 0701.25 included in blocks 112, 113, 114, 115,
64-27 116, and 117; and that part of Fort Bend County tract 0701.26
65-1 included in blocks 101, 102, 103, 104, 105, 106, 107, 108, 109,
65-2 110, 111, 112, 113, 114, 115, 116, 201, 202, 203A, 203B, 204, 205A,
65-3 205B, 206A, 206B, 207, 208A, 208B, 238A, 238B, 246A, 246B, 246C,
65-4 247, 248, 249, 250, and 299; and that part of Fort Bend County
65-5 tract 0702.12 included in blocks 201A, 201B, 202, 203, 204A, 204B,
65-6 204C, 204D, 204E, 205A, 205B, 205C, 301A, 301B, 301C, 302, 303,
65-7 304, 305, 306, 307A, 307B, 307C, 307D, 308A, 308B, 309, 310, 399Y,
65-8 399Z, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412,
65-9 413, 414, 415, 416, 417, 418, 419, 420, 499Y, and 499Z; and that
65-10 part of Fort Bend County tract 0703.21 included in blocks 108B,
65-11 109, 110, 111, 201, 202, 203, 204, 205, 206, 207, 208, 299A, and
65-12 299B; and that part of Fort Bend County tract 0703.22 included in
65-13 blocks 406, 407, 408, 409, 410, 411, 412, and 499; and that part of
65-14 Fort Bend County tract 0706 included in blocks 101, 102, 103, 104,
65-15 105A, 105B, 105C, 106, 107, 108, 109A, 109B, 110, 111, 112, 113,
65-16 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A,
65-17 126B, 127, 128, 129, 130A, 130B, 131A, 131B, 132, 133, 134, 135,
65-18 136, 137A, 137B, 138, 139, 140, 141, 142, 143, 144, 145, 146A,
65-19 146B, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156A, 156B, 157,
65-20 158, 159, 160, 161, 162, 163, 164, 165, 166, 199A, 199B, 199C,
65-21 199D, 199E, 199F, 232, 233, 236, 237, 238, 261, 262A, 262B, 299B,
65-22 301, 302A, 302B, 310A, 310B, 310C, 310D, 311, 312, 313A, 313B,
65-23 314A, 314B, 314C, 315, 316, 317A, 317B, 320, 322A, 322B, 322C,
65-24 322D, 322E, 323, 324A, 324B, 326A, 326B, 327, 328, 329, 330, 331,
65-25 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344,
65-26 345, 346, 347, 348A, 348B, 349, 350, 351, 352, 353, 399V, 399X, and
65-27 399Z.>
66-1 <(l) District No. 11 is composed of Dallas County tracts
66-2 0164.05, 0165.02, 0165.05, 0165.09, 0165.12, and 0165.13; and that
66-3 part of Dallas County tract 0154.01 included in blocks 103, 104,
66-4 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117,
66-5 118, 119, 120, 121, 122, 201, 202, 203, 204, 205, 206, 207, 208,
66-6 209, 210, 211, 212, 213, 214, 215, 216, 301, 302, 303, 304, 305,
66-7 306, 307, 308, 309, 310, 401, 402, 403, 404, 405, 406, 407, 408,
66-8 409, 410, 411, 412, 501, 502, and 601; and that part of Dallas
66-9 County tract 0163 included in block 599; and that part of Dallas
66-10 County tract 0164.01 included in blocks 201, 202, 203, 204, 205,
66-11 206, 207, 208, 209, 210, 211, 401, 402, 403, 404, 405, 406, 407,
66-12 408, 409, and 410; and that part of Dallas County tract 0164.03
66-13 included in blocks 101, 102, 103, 126, 127, 128, 199, 301, 302,
66-14 303, 304, 305, 306, 307, 308, 309, 401, 402, 403, 404, 405, 406,
66-15 407, 408, 409, 410, 411, 412, 413, 414, 501A, 501B, 502A, 502B,
66-16 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515,
66-17 516, 517, and 599; and that part of Dallas County tract 0164.04
66-18 included in blocks 101A, 101B, 102A, 102B, 103A, 103B, 104, 105,
66-19 199X, 199Y, 201, 202, 203, 204, 301, 302, and 303; and that part of
66-20 Dallas County tract 0165.08 included in blocks 101, 102, 103, 104,
66-21 105, 106, 107, 108, 109, 110, 201, 202, 203, 204, 205, 206, 207,
66-22 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220,
66-23 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 301, 302, 303,
66-24 304, 305, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411,
66-25 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512,
66-26 513, 514, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613,
66-27 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 701, 702,
67-1 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715,
67-2 716, 717, 801, 802, 803, 804, and 805; and that part of Dallas
67-3 County tract 0165.11 included in block 202; Denton County tracts
67-4 0201.02, 0203.02, 0213.01, 0213.02, 0214.02, 0214.03, 0215.02,
67-5 0215.04, 0215.05, 0215.06, 0215.07, 0216.01, 0216.03, 0216.04,
67-6 0216.05, 0216.06, 0216.07, 0216.08, 0216.09, 0216.10, 0216.11,
67-7 0217.03, 0217.05, 0217.06, 0217.07, 0217.08, 0217.09, 0217.10,
67-8 0217.11, 0217.12, and 0217.13; and that part of Denton County tract
67-9 0203.01 included in blocks 140, 141A, 141B, 142A, 142B, 142C, 142D,
67-10 142E, 142F, 150A, 150B, 150C, 151A, 151B, 151C, 151D, 152A, 152B,
67-11 153A, 153B, 153C, 154A, 154B, 154C, 155A, 155B, 155C, 155D, 155E,
67-12 155F, 156A, 156B, 157A, 157B, 157C, 157D, 158A, 158B, 158C, 159A,
67-13 159B, 160, 161, 162A, 162B, 163A, 163B, 163C, 163D, 163E, 163F,
67-14 163G, 164, 165, 166, 219, 240, 241, 242, 243, 244, 245, 246A, 246B,
67-15 247, 248, 249, 250, 251, 253, 254, 255, 256, 257, 258, 259, 260,
67-16 261, 262A, 262B, 263A, 263B, 264, 265, 266, 267, 268, 269, 270,
67-17 271, 272, 273, 274, 275, 276, 277, 278, 279A, 279B, 280, 281, 282,
67-18 283, 301A, 301B, 301C, 301D, 301E, 302A, 302B, 302C, 303, 304, 305,
67-19 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318,
67-20 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331,
67-21 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344,
67-22 345, 346, 347, 348, 349, 350A, 350B, 351A, 351B, 351C, 352, 353,
67-23 354A, 354B, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364A,
67-24 364B, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376,
67-25 377, 378, 379, 380, 381, 382, 383, 384, 385A, 385B, 385C, and 386;
67-26 and that part of Denton County tract 0211 included in block 222;
67-27 and that part of Denton County tract 0214.01 included in blocks
68-1 407, 408, 501A, 501B, 501C, 502, 503, 504, 505, 506, 507A, 507B,
68-2 507C, 508, 509, 510A, 510B, 511A, 511B, 512A, 512B, 513A, 513B,
68-3 514, 515, 516, 517, 518, 519A, 519B, 519C, 520, 521, 522, 523, 524,
68-4 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535A, 535B, 535C,
68-5 536, 537, 538, 539, 540A, 540B, 541, 542, 543, 544, 545, 546, 547,
68-6 548, 549, 550, 551, 552A, 552B, 552C, 553, 554, 555, 556, 557A,
68-7 557B, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, and 599;
68-8 Tarrant County tracts 1001.01, 1001.02, 1006.02, 1007, 1013.01,
68-9 1019, 1021, 1022.01, 1022.02, 1024.02, 1027, 1028, 1029, 1042.01,
68-10 1042.02, 1043, 1048.02, 1049, 1051, 1054.03, 1054.04, 1054.05,
68-11 1054.06, 1055.02, 1055.03, 1055.05, 1055.06, 1055.07, 1055.08,
68-12 1055.09, 1055.10, 1056, 1057.01, 1057.03, 1057.04, 1058, 1060.01,
68-13 1065.02, 1065.03, 1065.06, 1065.07, 1065.11, 1065.12, 1065.13,
68-14 1065.14, 1066, 1101.01, 1101.02, 1102.01, 1102.02, 1104.01,
68-15 1104.02, 1105, 1106.01, 1106.02, 1108.01, 1108.04, 1109.03,
68-16 1109.04, 1109.05, 1109.06, 1109.07, 1110.03, 1110.05, 1110.06,
68-17 1110.07, 1110.08, 1110.09, 1110.10, 1112.01, 1113.01, 1113.03,
68-18 1113.04, 1113.05, 1113.06, 1114.01, 1114.02, 1114.03, 1115.05,
68-19 1115.06, 1115.11, 1115.12, 1115.13, 1115.14, 1115.15, 1115.16,
68-20 1115.17, 1115.18, 1115.19, 1115.21, 1115.22, 1115.23, 1115.24,
68-21 1115.25, 1115.26, 1115.27, 1115.28, 1115.29, 1115.30, 1115.31,
68-22 1115.32, 1115.33, 1115.34, 1115.35, 1131.03, 1131.04, 1131.05,
68-23 1131.06, 1131.07, 1131.08, 1132.05, 1132.06, 1132.07, 1132.08,
68-24 1132.09, 1132.10, 1132.11, 1133.01, 1134.03, 1134.04, 1134.07,
68-25 1135.04, 1135.06, 1135.07, 1135.08, 1136.07, 1136.09, 1136.10,
68-26 1136.11, 1136.12, 1136.13, 1136.14, 1136.15, 1136.16, 1136.17,
68-27 1136.18, 1136.19, 1137.02, 1137.03, 1137.04, 1138.01, 1138.03,
69-1 1138.04, 1138.05, 1139.01, 1139.02, 1139.03, 1139.04, 1139.05,
69-2 1140.01, 1140.03, 1140.04, 1141.02, 1142.03, 1142.04, 1216.01,
69-3 1216.04, 1216.05, 1216.06, 1216.08, 1216.09, 1216.10, 1216.11,
69-4 1217.01, 1217.02, 1218, 1219.01, 1220, 1221, 1222, 1223, 1224,
69-5 1225, 1226, 1227, 1228, and 1229; and that part of Tarrant County
69-6 tract 1006.01 included in block 304; and that part of Tarrant
69-7 County tract 1012.01 included in block 201; and that part of
69-8 Tarrant County tract 1012.02 included in blocks 101, 102, 103, 104,
69-9 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117,
69-10 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210,
69-11 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303,
69-12 304, 305, 306, 307, 308, 311, 313, 314, 315, 316, 317, 318, 319,
69-13 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, and
69-14 412; and that part of Tarrant County tract 1014.01 included in
69-15 blocks 201, 202, 203, 208, 301, 302, 303, 304, 305, 306, 307, 308,
69-16 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403,
69-17 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416,
69-18 417, 418, 419, 420, 421, 423, 502, 503, 504, 505, 506, 507, 508,
69-19 509, 511, 512, 513, 514, and 515; and that part of Tarrant County
69-20 tract 1018 included in blocks 128, 129, 131, 132, 133, 134, 135,
69-21 136, 137, 138, 139, 140, 147, 148, 149, 150, 151, 152, 153, 154,
69-22 155, 156, 157, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173,
69-23 174, 175, 176, 177, 178, 179, 180, 181, 182B, 182C, 195, 196, 212,
69-24 213, 214, 215, 216, 217, 218, 219, 220, 227, 228, 229, 230, 231,
69-25 232, and 233; and that part of Tarrant County tract 1023.02,
69-26 included in blocks 517A, 517B, 517C, 518, 519A, and 519B; and that
69-27 part of Tarrant County tract 1024.01 included in blocks 101, 102,
70-1 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115,
70-2 116, 117, 118, 119, 120, 121, 122, 123, 125, 126, 127, 201, 202,
70-3 203, 204, 206, 207, 209, 210, 211, 212, 213, 216, 301, 302, 303,
70-4 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402, 403,
70-5 503, 504, 505, 506, and 601; and that part of Tarrant County tract
70-6 1026 included in blocks 101, 102, 103, 104, 105, 106, 107, 108,
70-7 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121,
70-8 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212,
70-9 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225,
70-10 226, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312,
70-11 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 401,
70-12 402, 403, 404, 405, 406, 407, 409, 410, 411, 412, 413, 414, 415,
70-13 416, 417, 418, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510,
70-14 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 522, 524, 525,
70-15 526, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612,
70-16 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625,
70-17 626, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712,
70-18 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725,
70-19 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 901, 902, 903,
70-20 904, 905, 906, 907, 908, 909, and 910; and that part of Tarrant
70-21 County tract 1044 included in blocks 101, 102, 103, 104, 105, 106,
70-22 107, 108, 109, 110, 111, 112, 118, 201, 202, 203, 204, 205, 206,
70-23 207, 208, 209, 210, 211, 212, 213, 214, 215, and 216; and that part
70-24 of Tarrant County tract 1047 included in blocks 414, 415, 419, 511,
70-25 512, 513, 514, 517, 518, 519, 520, 521, 522, 523, 524, 601, 602,
70-26 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615,
70-27 616, 617, 618, 619, and 620; and that part of Tarrant County tract
71-1 1048.01 included in blocks 210, 801, 802, 803, 804, 805, 806, 807,
71-2 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820,
71-3 821, 822, 823, and 824; and that part of Tarrant County tract 1064
71-4 included in blocks 123, 124, 125, 126, 127, 128, 143, 144, 145,
71-5 146, 147, 148, 149, 150, 151, 152, 153, 154, 201A, 201B, 202, 203,
71-6 204, 205, 206A, 206B, 207, 208, 209, and 210; and that part of
71-7 Tarrant County tract 1065.08 included in blocks 101, 102, 103, 104,
71-8 105, 106, 107, 108, 201, 202, 203, 204, 205, 206, 207, 208, 209,
71-9 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222,
71-10 223, 224, 225, 226, 227, 228, 229, 230, and 231; and that part of
71-11 Tarrant County tract 1065.09 included in blocks 104, 105, 106, 201,
71-12 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214,
71-13 215, 216, 217, 218, 219, 220, 221, 222, and 223; and that part of
71-14 Tarrant County tract 1065.10 included in blocks 103, 201, and 202;
71-15 and that part of Tarrant County tract 1103 included in blocks 101,
71-16 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114,
71-17 115, 116A, 116B, 117, 118, 119, 120, 121, 122A, 122B, 123, 124,
71-18 125, 126, 127, 128, 129, 130, 131, 132, 133, 201, 202, 203, 204,
71-19 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 301, 302, 303,
71-20 304, 305, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318,
71-21 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 401, 402,
71-22 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503,
71-23 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516,
71-24 601, 602, 603, 604, 605, 606, 607, 608, 701, 702, 703, 704, 705,
71-25 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718,
71-26 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, and 812; and
71-27 that part of Tarrant County tract 1107.01 included in blocks 205,
72-1 206, 207, 208, and 602; and that part of Tarrant County tract
72-2 1109.01 included in blocks 203, 204, 205, 206, 207, 301, 302, 303,
72-3 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401A, 401B, 401C,
72-4 402, 403A, 403B, 404, 405, 406, 407, 408, 409, 410, 413, 414, 415A,
72-5 415B, 416A, 416B, 417A, 417B, 418, 419, 420, and 421; and that part
72-6 of Tarrant County tract 1130.01 included in blocks 104, 201, 202,
72-7 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215,
72-8 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308,
72-9 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321,
72-10 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334,
72-11 335, 336, 337, 338, 339, 340, and 341; and that part of Tarrant
72-12 County tract 1131.01 included in blocks 105, 106, 206, 207, 208,
72-13 209, 210, 211, 212, 213, 214, and 215; and that part of Tarrant
72-14 County tract 1131.02 included in blocks 103, 104, 105, 106, 107,
72-15 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 201,
72-16 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 304,
72-17 305, 306, and 307; and that part of Tarrant County tract 1133.02
72-18 included in blocks 105, 106, 107, 108, 109, 110, 111, 112, 113,
72-19 114, 115, 116, 117, 118, 119, 120, 125, 126, 127, 128, 129, 130,
72-20 131, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212,
72-21 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225,
72-22 301, 302, 303, 304, 305, 306A, 306B, 306C, 306D, 307, 308, 309,
72-23 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322,
72-24 323, and 324; and that part of Tarrant County tract 1134.05
72-25 included in blocks 101, 102, 103, 104, 105, 106, 107, 108, 109,
72-26 110, 111, 112, 113, 201, 202, 203, 204, 205, 206, 301, 302, 303,
72-27 304A, 304B, 305A, 305B, 306, 307, 308, 309, 310, 311, 401, 402,
73-1 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415,
73-2 416, 417, 418, 419, 420, 421, 501, 502, 503, 504, 505, 506, 507,
73-3 508, 509, 510, 513, and 514; and that part of Tarrant County tract
73-4 1134.08 included in blocks 101, 102, 103, 104, 105, 106, 107, 108,
73-5 109, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206,
73-6 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306,
73-7 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319,
73-8 320, 321, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411,
73-9 412, 413, 414, 415, 416, 501, 502, 503, 504, 505, 506, 507, 508,
73-10 509, 510, 511, 512, 513, 514, 601, 602, 603, 604, 605, 606, 607,
73-11 608, 609, 610, 611, 612, 613, and 614; and that part of Tarrant
73-12 County tract 1135.05 included in blocks 101, 102, 103, 104, 105,
73-13 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 201, 202,
73-14 203, 204, 205, 206, 207, 208, 209, 210, 211, 301A, 301B, 302, 303,
73-15 304, 305, 306, 307, 308, 309, 310, 311, 312, 401A, 401B, 402, 403,
73-16 404, 405, 406, 407, 408, 409, 410A, 410B, 411A, 411B, 412, 413,
73-17 414, 415, 416, 417, 418, 419, 420, 421, 501, 502, 503, 504, 505,
73-18 506, 507, 508, 601, 602, 603, 609, 610, 611, and 612; and that part
73-19 of Tarrant County tract 1141.01 included in blocks 101, 102, 103A,
73-20 103B, 103C, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114,
73-21 115, 116, 117, 118A, 118B, 119, 120, 121, 122, 123, 124, 125, 126,
73-22 127, 128, 129, 130, 131, 132, 133A, 133B, 134, 135, 136, 137, 201,
73-23 202A, 202B, 202C, 203A, 203B, 203C, 204, 205, 206, 301A, 301B, 302,
73-24 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315A,
73-25 315B, 316A, 316B, 317A, 317B, 318, 319, 320, 321, 322, 323, 324,
73-26 325, 326, 327, 328, 329, 330, 331A, 331B, 332, 333, 334, 335, 336,
73-27 337, 338A, 338B, 339, 340, 341, 342, 399Y, 399Z, 401A, 401B, 402,
74-1 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 413, 414,
74-2 415, 416, 417, 418A, 418B, 419A, 419B, 420A, 420B, 420C, 421, 422,
74-3 423, and 499; and that part of Tarrant County tract 1142.02
74-4 included in blocks 141, 142, 143, 144A, 144B, 145, 146, 147, 148,
74-5 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161,
74-6 162, 163, 164, 165, 166, 167, and 168; and that part of Tarrant
74-7 County tract 1142.05 included in blocks 101, 102, 103, 104, 105,
74-8 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 201,
74-9 and 202; and that part of Tarrant County tract 1219.02 included in
74-10 blocks 102A, 102B, 104, 105, 106, 107, 108, 109, 110, 111, 112,
74-11 113, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203, 204,
74-12 205, 206, 207, 208, 209, 210, 301, 302, 303, 304, 305, 306, 307,
74-13 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413,
74-14 414, 501A, 501B, 502, 503, 504, 505, 506, 507A, 507B, 508A, 508B,
74-15 509A, 509B, 510, 511, 512, and 513.>
74-16 <(m) District No. 12 is composed of Rockwall County; Collin
74-17 County tracts 0304, 0305, 0306, 0313.02, 0313.03, 0313.04, 0314.01,
74-18 0314.02, 0315.01, 0315.02, 0316.01, 0316.03, 0316.05, 0316.08,
74-19 0316.09, 0316.10, 0316.11, 0316.12, 0316.13, 0316.14, 0316.15,
74-20 0316.16, 0316.17, 0316.18, 0316.19, 0316.20, 0316.21, 0317.02,
74-21 0317.98, 0318.02, 0318.03, 0318.98, 0319, 0320.03, 0320.04,
74-22 0320.05, 0320.07, 0320.08, and 0320.98; and that part of Collin
74-23 County tract 0303 included in blocks 134A, 134B, 175A, 175B, 176A,
74-24 176B, 176C, 177A, 177B, 178A, 178B, 179, 180, 181, 182, 183, 184,
74-25 185, 186, 187, 188A, 188B, 189, 190A, 190B, 407, 408, 409, 411,
74-26 412A, 412B, 413, 414, 415, 416, 416A, 416B, 417A, 417B, 417C, 417D,
74-27 417E, 418A, 418B, 419A, 419B, 420A, 420B, 421A, 421B, 422, 423A,
75-1 423B, 424A, 424B, 425A, 425B, 426A, 426B, 427A, 427B, 428A, 428B,
75-2 428C, 429A, 429B, 429C, 430A, 430B, 430C, 431A, 431B, 431C, 432A,
75-3 432B, 432C, 432D, 432E, 433, 434, 435, 436, 437, 438, 439, 440,
75-4 499, 501A, 501B, 501C, 501D, 501E, 502A, 502B, 503A, 503B, 504A,
75-5 504B, 505A, 505B, 506A, 506B, 507A, 507B, 508, 509A, 509B, 510A,
75-6 510B, 510C, 511A, 511B, 511C, 512A, 512B, 512C, 513A, 513B, 513C,
75-7 514, 515, 516A, 516B, 517A, 517B, 518A, 518B, 519, 520, 521, 522,
75-8 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535,
75-9 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546A, 546B, 547A,
75-10 547B, 548A, 548B, 549A, 549B, 550A, 550B, 551A, 551B, 551C, 552,
75-11 553A, 553B, 554, 555A, and 555B; and that part of Collin County
75-12 tract 0308 included in blocks 140, 141, 142, 143, 144, 146, 147,
75-13 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160,
75-14 161, 162, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223,
75-15 224, 225, 301, 302, 401, 402, 403, 404, 405, 406, 407, 408, 409,
75-16 410, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512,
75-17 513, 514, 515, 516, 517, 518A, 518B, 519, and 520; and that part of
75-18 Collin County tract 0309 included in blocks 501, 502, 503, 504A,
75-19 504B, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516A,
75-20 516B, 516C, 516D, 516E, 516F, 516G, 516H, 516J, 516K, 516L, 517A,
75-21 517B, 517C, 517D, 517E, 517F, 517G, 518, 519, 520, 521, 522, 523,
75-22 and 524; Dallas County tracts 0001, 0003, 0006.03, 0006.04,
75-23 0011.02, 0071.01, 0073.01, 0073.02, 0074, 0075.01, 0075.02,
75-24 0076.01, 0076.02, 0076.03, 0076.04, 0077, 0078.01, 0078.10,
75-25 0078.11, 0079.02, 0079.05, 0079.06, 0079.07, 0079.08, 0080, 0081,
75-26 0082, 0095, 0096.03, 0096.04, 0096.07, 0096.08, 0096.09, 0097.02,
75-27 0124, 0127, 0128, 0129, 0130.04, 0130.05, 0130.06, 0130.07,
76-1 0130.08, 0130.09, 0131.01, 0131.02, 0131.03, 0133, 0134.01,
76-2 0134.02, 0135, 0136.05, 0136.06, 0136.07, 0136.08, 0136.09,
76-3 0136.10, 0136.11, 0136.12, 0136.13, 0136.14, 0136.15, 0136.16,
76-4 0136.17, 0136.18, 0136.19, 0137.04, 0137.05, 0137.08, 0137.09,
76-5 0137.10, 0138.01, 0138.02, 0140.02, 0141.01, 0141.03, 0141.05,
76-6 0141.07, 0141.08, 0141.09, 0141.10, 0141.11, 0141.12, 0141.13,
76-7 0141.14, 0141.15, 0141.16, 0141.97, 0141.98, 0142.01, 0142.02,
76-8 0143.02, 0143.03, 0143.04, 0143.05, 0143.06, 0144.02, 0144.03,
76-9 0144.04, 0145, 0152.02, 0152.03, 0152.04, 0153.02, 0166.04,
76-10 0166.08, 0166.11, 0166.12, 0166.13, 0169.04, 0170.01, 0170.02,
76-11 0171, 0173.01, 0173.02, 0174, 0175, 0176.02, 0177.01, 0177.02,
76-12 0178.04, 0178.07, 0178.08, 0178.09, 0178.10, 0181.04, 0181.06,
76-13 0181.07, 0181.08, 0181.10, 0181.11, 0181.12, 0181.13, 0181.15,
76-14 0181.16, 0181.17, 0181.18, 0181.19, 0185.01, 0185.03, 0185.04,
76-15 0186, 0188.01, 0189, 0190.04, 0190.07, 0190.08, 0190.09, 0190.10,
76-16 0190.12, 0190.13, 0190.14, 0190.15, 0190.16, 0190.17, 0190.18,
76-17 0190.19, 0190.20, 0190.21, 0190.22, 0190.23, 0190.24, 0191,
76-18 0192.02, 0192.03, 0192.04, 0192.05, 0192.06, 0192.10, 0192.11,
76-19 0193.01, 0193.02, 0194, 0195.01, 0195.02, 0196, 0197, 0198,
76-20 0201.98, 0202.98, and 0203.98; and that part of Dallas County tract
76-21 0002.01 included in blocks 301, 302, 303, 304, 305, 306, 307, 308,
76-22 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321,
76-23 322, 323, 324, 325, 326, 401, 402, 403, 404, 405, 406, 407, 408,
76-24 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421,
76-25 and 422; and that part of Dallas County tract 0078.06 included in
76-26 blocks 501, 502, 503, 504, 505, 506, 507, 508, and 509; and that
76-27 part of Dallas County tract 0078.09 included in blocks 101, 102,
77-1 103, 104, 105, 107, 108, 109, 110, 111, 201, 202, 203, 204, 205,
77-2 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, and
77-3 406; and that part of Dallas County tract 0078.12 included in
77-4 blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112,
77-5 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 201, 202, 203,
77-6 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, and 218; and
77-7 that part of Dallas County tract 0078.13 included in blocks 101,
77-8 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114,
77-9 115, 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308,
77-10 309, 310, 311, 312, 313, 401, 402, 501, 601, 602, 603, 604, 605,
77-11 606, 607, 608, 609, 610, and 611; and that part of Dallas County
77-12 tract 0078.14 included in blocks 101, 102, 201, 202, and 203; and
77-13 that part of Dallas County tract 0078.16 included in block 102; and
77-14 that part of Dallas County tract 0094.02 included in blocks 101,
77-15 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201,
77-16 202, 203, 204, 205, 206, 207, 208, 209, 301, 302, 303, 304, 305,
77-17 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 317, 318, 319,
77-18 320, and 321; and that part of Dallas County tract 0122.03 included
77-19 in blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111,
77-20 112, 113, 114, 115, 120, 121, and 122; and that part of Dallas
77-21 County tract 0137.02 included in blocks 101, 102, 103, 104, 105,
77-22 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118,
77-23 119, 120, 201, 202, 203, 204, 301, 335, 336, 337, 339, 501, 502,
77-24 503, 504, 505, 506, 601, 602, 603, 604, 605, 606, 607, 608, 609,
77-25 610, 611, 612, and 613; and that part of Dallas County tract
77-26 0137.07 included in blocks 101, 102, 103, 104, 105, 106, 107, 108,
77-27 109, 110, 111, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210,
78-1 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223,
78-2 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 301, 302,
78-3 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401,
78-4 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414,
78-5 415, 416, 417, 418, 501, 502, 503, 504, 505, 506, 507, 508, 509,
78-6 510, and 511; and that part of Dallas County tract 0139 included in
78-7 blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112,
78-8 113, 114, 115, 116, 117, 118, 119, 202, 210, 211, 212, 213, 214,
78-9 215, 216, 217, 218, 219, 220, 501, 502, 503, 504, 505, 506, 507,
78-10 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 605, 606, 607,
78-11 and 608; and that part of Dallas County tract 0166.09 included in
78-12 blocks 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412,
78-13 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 501, 502, 503,
78-14 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 601,
78-15 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614,
78-16 615, 616, 701, 702, 703, 704, 705, 706, 707, and 708; and that part
78-17 of Dallas County tract 0167.02 included in blocks 119A, 119B, 135,
78-18 136, 901, 905, 906, 909, 910, 916, 917, 918, 919, and 920; and that
78-19 part of Dallas County tract 0168.01 included in blocks 101, 102,
78-20 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115,
78-21 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128,
78-22 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141,
78-23 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154,
78-24 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167,
78-25 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213,
78-26 214, 215, 216, 217, 218, 219, 220, 221, 222, 701, 702, 703, 704,
78-27 705, 706, 707, 708, 709, 710, 711, 712, 713, and 714; and that part
79-1 of Dallas County tract 0168.02 included in blocks 101, 102A, 102B,
79-2 102C, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114,
79-3 115, 201, 202, 203A, 203B, 204, 205A, 205B, 206, 207, 208, 209,
79-4 210, 211, 212, 213, 402B, 403, 404A, 404B, 405, 406, 407, 408, 501,
79-5 502, 503, 504, 505, 506, 507, and 508; and that part of Dallas
79-6 County tract 0169.03 included in blocks 101A, 101B, 102, 103, 104A,
79-7 104B, 105, 106, 107A, 107B, 107C, 108A, 108B, 108C, 109A, 109B,
79-8 109C, 110, 111, 112A, 112B, 112C, 113A, 113B, 114, 115, 116A, 116B,
79-9 116C, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202, 203A, 203B,
79-10 203C, 204A, 204B, 205, 206A, 206B, 207, 208, 209, 210, 211, 212,
79-11 213, 214, 215, 216, 217, 218, 219, 303, 304A, 304B, 304C, 304D,
79-12 304E, 305, 306, 307A, 307B, 308A, 308B, 308C, 309A, 309B, 310, 311,
79-13 312, 313, 314A, 314B, 315A, 315B, 316A, 316B, 316C, 401, 402, 403,
79-14 404, 405, 406, 407A, 407B, 407C, 408, 409, 410, 411, 412, 413, 414,
79-15 415, 416, 417, 418, 419, 501, 502A, 502B, 502C, 502D, 503, 504,
79-16 505A, 505B, 505C, 505D, 506, 507, 508, 509, 510, 511A, 511B, 512,
79-17 513, 514, 515A, 515B, 516A, 516B, 517A, 517B, 518, 519A, 519B,
79-18 520A, 520B, 520C, 521A, 521B, 521C, 522A, 522B, 523, 524, 525, 526,
79-19 527, 528A, 528B, 529, 530, 531, 532, 533, 534, 535, 536, 537A,
79-20 537B, 538A, 538B, 539, 540A, 540B, 541A, 541B, 542, 543A, 543B,
79-21 544A, 544B, 545A, 545B, 546A, 546B, 547, 548, 549, 550, 551, 552,
79-22 553, 554, 555, 556, 557, 558, 559, 560, 561A, 561B, 562, 563, and
79-23 599; and that part of Dallas County tract 0172.01 included in
79-24 blocks 508, 509, and 510; and that part of Dallas County tract
79-25 0172.02 included in blocks 101, 102A, 102B, 102C, 201A, 201B, 408,
79-26 409, and 410; and that part of Dallas County tract 0176.01 included
79-27 in blocks 401, 402, 403, 501, 502, 503, 504, 505A, 505B, 506, 507,
80-1 508, 509A, 509B, 510, 511, 512, 601A, 601B, 602, 603A, 603B, 604,
80-2 605, 606, 607, 608, 609, 610A, 610B, 611, 612A, 612B, 613A, and
80-3 613B; and that part of Dallas County tract 0178.05 included in
80-4 blocks 101, 102, 109, 201, 202, 203, 204A, 204B, 205A, 205B, 207,
80-5 208, 209, 210, 211, 301, 302, 303, 304, 305, 306, 307, 308, 309,
80-6 310, 311, 312, 313, 314, 315, 401, 402, 403, 404, 405, 406, 407,
80-7 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420,
80-8 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513,
80-9 514, and 515; and that part of Dallas County tract 0178.06 included
80-10 in blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111,
80-11 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 212, 213, 214,
80-12 215, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 402,
80-13 403, 404, 405, 406, and 407; and that part of Dallas County tract
80-14 0179 included in blocks 111B, 112, 113, 114, 115, 206, 207, 208,
80-15 209A, 209B, 301, 302, 303, 304A, 304B, 305, 307, 308, 309, 310,
80-16 311, 312, 313, 314, 315, 322, 401, 402, 403, 404, 405, 406, 407,
80-17 408, 409, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508,
80-18 and 509; and that part of Dallas County tract 0180 included in
80-19 blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112,
80-20 203, 204, 205, 206, 207, 208, 209, 210, 211, 601, 602, 603, 604,
80-21 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617,
80-22 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713,
80-23 714, 715, 716, 717, 718, 801, and 802; and that part of Dallas
80-24 County tract 0181.05 included in blocks 101, 102, 103, 104, 105,
80-25 106, 107, 108, 109, 201, 202, 203, 204, 205, 206, 207, 208, 209,
80-26 210, 211, 212, 213, 214, 301, 302, 303, 304, 305, 306, 307, 308,
80-27 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403,
81-1 404, 405, 406, 407, 408, 409, 410, 411, 412, and 413; and that part
81-2 of Dallas County tract 0184.02 included in blocks 108, 109, 110,
81-3 111, 112, 113, 114, 116, 117, 201, 202, 203, 204, 205, 206, 207,
81-4 208, 209, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304, 305,
81-5 306, 307, 308, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405,
81-6 406, 407, 408, 409, 410, 411, 412, 413, and 414.>
81-7 <(n) District No. 13 is composed of Dallas County tracts
81-8 0002.02, 0004.01, 0004.03, 0004.04, 0004.05, 0005, 0006.01,
81-9 0007.01, 0007.02, 0008, 0009, 0010.01, 0010.02, 0011.01, 0012.01,
81-10 0012.02, 0013.01, 0013.02, 0014, 0015.02, 0015.03, 0015.04, 0016,
81-11 0017.01, 0017.02, 0018, 0019, 0020, 0021, 0022.01, 0022.02, 0024,
81-12 0025, 0027.01, 0027.02, 0028, 0029, 0031.01, 0031.02, 0032.01,
81-13 0033, 0034, 0035, 0036, 0037, 0038, 0039.01, 0039.02, 0040, 0041,
81-14 0042, 0043, 0044, 0045, 0046, 0047, 0048, 0049, 0050, 0051, 0052,
81-15 0053, 0054, 0055, 0056, 0057, 0059.01, 0059.02, 0060.01, 0060.02,
81-16 0061, 0062, 0063.01, 0063.02, 0064, 0065.01, 0065.02, 0067, 0068,
81-17 0069, 0071.02, 0072.01, 0072.02, 0078.04, 0078.05, 0078.15,
81-18 0078.17, 0079.03, 0083, 0084, 0085, 0086.01, 0086.02, 0087.01,
81-19 0087.03, 0087.04, 0087.05, 0088.01, 0088.02, 0089, 0090.01,
81-20 0090.02, 0091.01, 0091.02, 0092.01, 0092.02, 0093.01, 0093.03,
81-21 0093.04, 0094.01, 0096.05, 0096.06, 0097.01, 0098.01, 0098.02,
81-22 0099, 0100, 0101.01, 0101.02, 0102, 0103, 0104, 0105, 0106,
81-23 0107.01, 0107.02, 0108.01, 0108.02, 0108.03, 0109, 0110.01,
81-24 0110.02, 0111.01, 0111.03, 0111.04, 0111.05, 0112, 0113, 0114.01,
81-25 0114.02, 0115, 0116.01, 0116.02, 0117, 0118, 0119, 0120, 0121,
81-26 0122.02, 0122.04, 0122.05, 0123, 0125, 0126.01, 0126.02, 0132,
81-27 0137.01, 0140.01, 0146, 0147, 0148.01, 0148.02, 0149, 0150, 0151,
82-1 0153.01, 0154.02, 0155, 0156, 0157, 0158, 0159, 0160, 0161, 0162,
82-2 0164.02, 0165.01, 0165.10, 0166.05, 0166.06, 0166.07, 0166.10,
82-3 0167.01, 0169.01, 0169.02, 0182.01, 0182.02, 0183, 0184.01,
82-4 0184.03, 0187, 0188.02, 0192.08, 0192.09, and 0199; and that part
82-5 of Dallas County tract 0002.01 included in blocks 101, 102, 103,
82-6 104, 105, 106, 107, 108, 109, 110, 201, 202, 203, 204, 205, 206,
82-7 207, and 208, and that part of Dallas County tract 0078.06 included
82-8 in blocks 101, 102, 103, 104, 201, 202, 203, 301, 302, 303, 401,
82-9 402, 403, 404, 405, 406, 407, and 408; and that part of Dallas
82-10 County tract 0078.09 included in blocks 301, 302, 303, 401, 402,
82-11 403, 404, and 405; and that part of Dallas County tract 0078.12
82-12 included in blocks 215, 216, 217, 219, and 220; and that part of
82-13 Dallas County tract 0078.13 included in blocks 701, 702, 703, 704,
82-14 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, and 716; and
82-15 that part of Dallas County tract 0078.14 included in blocks 301 and
82-16 302; and that part of Dallas County tract 0078.16 included in
82-17 blocks 101, 201, 202, 203, 204, 205, 301, 401, 402, 501, 502, 503,
82-18 and 601; and that part of Dallas County tract 0094.02 included in
82-19 block 316; and that part of Dallas County tract 0122.03 included in
82-20 blocks 116, 117, 118, 119, 201, 202, 203, 204, 301, 302, 303, 304,
82-21 305, and 306; and that part of Dallas County tract 0137.02 included
82-22 in blocks 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312,
82-23 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325,
82-24 326, 327, 328, 329, 330, 331, 332, 333, 334, 338, 401, 402A, 402B,
82-25 403A, 403B, 404, 507, 508, 509, 510, 701, 702, 703, 704, 705A,
82-26 705B, 706, 707, 708, 709, and 710; and that part of Dallas County
82-27 tract 0137.07 included in blocks 601, 602, 603, 604, 605, 606, 607,
83-1 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620,
83-2 621, 622, 623, 624, 625, 701, 702, 703, 704, 705, 706, 707, 708,
83-3 709, 710, 801, 802, 901, and 902; and that part of Dallas County
83-4 tract 0139 included in blocks 301, 302, 303, 304, 305, 306, 307,
83-5 308, 309, 310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406,
83-6 407, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712,
83-7 713, 714, and 715; and that part of Dallas County tract 0154.01
83-8 included in blocks 101 and 102; and that part of Dallas County
83-9 tract 0163 included in blocks 101A, 101B, 102A, 102B, 103, 104,
83-10 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117,
83-11 118, 119, 120, 121A, 121B, 121C, 122, 123, 124, 125, 126, 127, 128,
83-12 129, 130, 199, 208, 209, 210, 211, 217, 218, 219, 220, 221, 301,
83-13 302, 303, 304, 305, 306, 401, 402, 403, 404, 405, 406, 407, 408,
83-14 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 499, 501A,
83-15 501B, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513,
83-16 514, 515, and 516; and that part of Dallas County tract 0164.01
83-17 included in blocks 101, 102, 103, 104, 105, 106, 107, 108, 109,
83-18 301, and 302; and that part of Dallas County tract 0164.03 included
83-19 in blocks 104, 105, 106, 107, 108, 109, 110, 111A, 111B, 112, 113,
83-20 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 201,
83-21 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214,
83-22 215, 216, and 217; and that part of Dallas County tract 0164.04
83-23 included in block 199Z; and that part of Dallas County tract
83-24 0165.08 included in blocks 601 and 602; and that part of Dallas
83-25 County tract 0165.11 included in blocks 101, 102, 103, 104A, 104B,
83-26 104C, 104D, 105, 106, 107, 108, 109, 110, 111, 112, 201A, 201B,
83-27 203, 204, 205, 206A, 206B, 207A, 207B, 208, 209, 210, 211, 212, and
84-1 213; and that part of Dallas County tract 0166.09 included in
84-2 blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112,
84-3 113, 114, 115, 116, 117, 201, 202, 203, 204, 205, 301, and 302; and
84-4 that part of Dallas County tract 0167.02 included in blocks 101,
84-5 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A,
84-6 114B, 115, 116, 117A, 117B, 118A, 118B, 120, 121, 122, 123, 124,
84-7 125, 126A, 126B, 126C, 126D, 127A, 127B, 127C, 128, 129, 130, 131,
84-8 132A, 132B, 133, 134, 201A, 201B, 202, 203, 204, 301, 302A, 302B,
84-9 303A, 303B, 304, 305, 306, 307, 308, 309, 310, 401, 402, 403, 404,
84-10 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 505,
84-11 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518,
84-12 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531,
84-13 532, 533, 534, 535, 536, 537, 538, 539, 540, 601, 602, 603, 604,
84-14 605, 606, 607, 608, 609, 701, 702, 703, 704, 705, 706, 707, 708,
84-15 709, 710, 801, 802, 803, 804, 805, 806, 807, 808, 902, 903, 904,
84-16 907, 908, 911, 912, 913, 914, 915, and 921; and that part of Dallas
84-17 County tract 0168.01 included in blocks 301, 302, 303, 304, 305,
84-18 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318,
84-19 319, 320, 321, 322, 323, 401, 402, 403, 404, 405, 406, 407, 408,
84-20 409, 410, 411, 412, 413, 414, 415, 501, 502, 601, and 602; and that
84-21 part of Dallas County tract 0168.02 included in blocks 301, 302,
84-22 303, 304, 305, 306, 401, and 402A; and that part of Dallas County
84-23 tract 0169.03 included in blocks 301, 302A, and 302B; and that part
84-24 of Dallas County tract 0172.01 included in blocks 101, 102, 103,
84-25 104, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302,
84-26 303, 401, 402, 501, 502, 503, 504, 505, 506, and 507; and that part
84-27 of Dallas County tract 0172.02 included in blocks 202, 203A, 203B,
85-1 204, 205, 206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 304,
85-2 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402, 403, 404,
85-3 405, 406, and 407; and that part of Dallas County tract 0176.01
85-4 included in blocks 101, 102, 103, 104, 201, 202, 203, 204, 205,
85-5 206, 207, 208, 209A, 209B, 210, 211, 212, 213, 214, 215, 216, 217,
85-6 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311,
85-7 315, 316, and 317; and that part of Dallas County tract 0178.05
85-8 included in blocks 103A, 103B, 104, 105A, 105B, 106, 107, 108A,
85-9 108B, and 206; and that part of Dallas County tract 0178.06
85-10 included in blocks 208A, 208B, 209A, 209B, 210, and 211; and that
85-11 part of Dallas County tract 0179 included in blocks 108, 109, 110,
85-12 111A, 201, 202, 203, 204, 205, 210A, and 210B; and that part of
85-13 Dallas County tract 0180 included in blocks 201, 202, 212, 213,
85-14 214, 215, 301A, 301B, 302, 303A, 303B, 304A, 304B, 305, 306, 307,
85-15 308, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405, 406, 407,
85-16 408, 409, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508,
85-17 509, 510, 511, 512, and 513; and that part of Dallas County tract
85-18 0181.05 included in blocks 501, 502, 503, 504, 505, 506, 507, and
85-19 508; and that part of Dallas County tract 0184.02 included in
85-20 blocks 101, 102, 103, 104, 105, 106, 107, and 115; Tarrant County
85-21 tracts 1002.01, 1002.02, 1003, 1004, 1005.01, 1005.02, 1008, 1009,
85-22 1010, 1011, 1013.02, 1014.02, 1014.03, 1015, 1016, 1017, 1020,
85-23 1025, 1030, 1031, 1032, 1033, 1034, 1035, 1036.01, 1036.02,
85-24 1037.01, 1037.02, 1038, 1039, 1040, 1041, 1045.01, 1045.02,
85-25 1045.03, 1046.01, 1046.02, 1046.03, 1046.04, 1046.05, 1050.01,
85-26 1050.05, 1050.06, 1053, 1059, 1060.02, 1060.04, 1060.05, 1061.01,
85-27 1061.02, 1062.01, 1062.02, 1063, 1111.01, 1111.02, 1112.02, and
86-1 1130.02; and that part of Tarrant County tract 1012.01 included in
86-2 blocks 101, 102, 103, 105, 107, 108, 110, 111, 112, 113, 114, 115,
86-3 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214,
86-4 215, 216, 217, 218, 219, 220, 221, 222, and 223; and that part of
86-5 Tarrant County tract 1012.02 included in blocks 309, 310, 312, 321,
86-6 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 413,
86-7 414, 415, 416, 417, 418, 419, 420, 421, 501, 502, 503, 504, 505,
86-8 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518,
86-9 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531,
86-10 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 601, 602, 603,
86-11 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616,
86-12 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629,
86-13 630, 631, 632, 633, and 699; and that part of Tarrant County tract
86-14 1014.01 included in blocks 101, 102, 103, 104, 105, 106, 107, 108,
86-15 109, 110, 111, 112, 113, 204, 205, 206, 207, and 510; and that part
86-16 of Tarrant County tract 1018 included in blocks 101, 102, 103, 104,
86-17 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117,
86-18 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 130, 141, 142,
86-19 143, 144, 145, 146, 158, 159, 160, 161, 162, 163, 182A, 183, 184,
86-20 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 197, 201, 202,
86-21 203, 204, 205, 206, 207, 208, 209, 210, 211, 221, 222, 223, 224,
86-22 225, and 226; and that part of Tarrant County tract 1024.01
86-23 included in blocks 501, 502, 507, 508, and 509; and that part of
86-24 Tarrant County tract 1026 included in blocks 408, 521, 523, and
86-25 527; and that part of Tarrant County tract 1044 included in blocks
86-26 113, 114, 115, 116, 117, 119, 120, 121, 122, 123, 301, 302, 303,
86-27 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316,
87-1 317, 318, 319, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410,
87-2 411, 412, 413, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510,
87-3 511, 512, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606,
87-4 607, 608, 609, 610, 611, 612, 613, 614, 615, 701, 702, 703, 704,
87-5 705, 706, 707, 708, 709, 710, 711, and 712; and that part of
87-6 Tarrant County tract 1047 included in blocks 101, 102, 103, 104,
87-7 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117,
87-8 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130,
87-9 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211,
87-10 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306,
87-11 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319,
87-12 320, 321, 322, 323, 324, 401, 402, 403, 404, 405, 406, 407, 408,
87-13 409, 410, 411, 412, 413, 416, 417, 418, 420, 421, 422, 501, 502,
87-14 503, 504, 505, 506, 507, 508, 509, 510, 515, and 516; and that part
87-15 of Tarrant County tract 1048.01 included in blocks 101, 102, 103,
87-16 104, 105, 106, 107, 109, 110, 111, 112, 113, 114, 115, 116, 117,
87-17 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213,
87-18 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 304, 305,
87-19 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318,
87-20 319, 320, 321, 322, 323, 324, 325, 401, 402, 403, 404, 405, 406,
87-21 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 501,
87-22 502, 503, 504, 505, 506, 510, 511, 512, 513, 514, 515, 516, 517,
87-23 518, 519, 520, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610,
87-24 611, 612, 613, 614, 615, 616, 617, 701, 702, 703, 704, 705, 706,
87-25 707, 708, 709, 710, 711, 712, 713, 714 and 715; and that part of
87-26 Tarrant County tract 1064 included in blocks 101, 102, 103, 104,
87-27 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117,
88-1 118, 119, 120, 121, 122, 129, 130, 131, 132, 133, 134, 135, 136,
88-2 137, 138, 139, 140, 141, and 142; and that part of Tarrant County
88-3 tract 1065.08 included in blocks 301, 302, 303, 304, 305, 401, 402,
88-4 403, 404, 405, 406, and 407; and that part of Tarrant County tract
88-5 1065.09 included in blocks 101, 102, 103, 107, 108, 109, 110, 111,
88-6 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, and 122; and that
88-7 part of Tarrant County tract 1065.10 included in blocks 101, 102,
88-8 301, 302, 303, 304A, 304B, 305, 306, 307, 308, 309, 310, 311, 312,
88-9 313, 314, 315A, 315B, 316, 401A, 401B, 401C, 401D, 402A, 402B,
88-10 402C, 403, 404, and 405; and that part of Tarrant County tract 1103
88-11 included in blocks 306, 307, 319, and 320; and that part of Tarrant
88-12 County tract 1130.01 included in blocks 101, 102, 103, 105, 106,
88-13 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119,
88-14 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132,
88-15 133, 134, and 135; and that part of Tarrant County tract 1131.01
88-16 included in blocks 101A, 101B, 102, 103A, 103B, 104A, 104B, 201A,
88-17 201B, 201C, 202, 203, 204A, 204B, and 205; and that part of Tarrant
88-18 County tract 1131.02 included in blocks 101 and 102; and that part
88-19 of Tarrant County tract 1133.02 included in blocks 101, 102, 103,
88-20 104, 121, 122, 123, and 124; and that part of Tarrant County tract
88-21 1134.05 included in blocks 312, 313, 314, 315, 316, 317, 422, 511,
88-22 and 512; and that part of Tarrant County tract 1134.08 included in
88-23 block 417; and that part of Tarrant County tract 1135.05 included
88-24 in blocks 604, 605, 606, 607, 608, 613, 614, and 615; and that part
88-25 of Tarrant County tract 1219.02 included in blocks 101 and 103.>
88-26 <(o) District No. 14 is composed of Archer, Baylor, Bosque,
88-27 Briscoe, Brown, Callahan, Childress, Clay, Coleman, Collingsworth,
89-1 Comanche, Cooke, Cottle, Crosby, Dickens, Donley, Eastland, Ellis,
89-2 Erath, Fisher, Floyd, Foard, Garza, Grayson, Hall, Hamilton,
89-3 Hardeman, Haskell, Hood, Jack, Johnson, Jones, Kent, King, Knox,
89-4 Mills, Mitchell, Montague, Motley, Nolan, Palo Pinto, Parker,
89-5 Scurry, Shackelford, Somervell, Stephens, Stonewall, Swisher,
89-6 Throckmorton, Wichita, Wilbarger, Wise, and Young counties; Collin
89-7 County tracts 0301, 0302, 0307, 0310, 0311, and 0312; and that part
89-8 of Collin County tract 0303 included in blocks 101, 102, 103A,
89-9 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112A, 112B,
89-10 113, 114, 115A, 115B, 116A, 116B, 117A, 117B, 118A, 118B, 119, 120,
89-11 121, 122, 123A, 123B, 124A, 124B, 125A, 125B, 126A, 126B, 127A,
89-12 127B, 127C, 128A, 128B, 129A, 129B, 130A, 130B, 131A, 131B, 132A,
89-13 132B, 133A, 133B, 135A, 135B, 136A, 136B, 137A, 137B, 138, 139,
89-14 140A, 140B, 141A, 141B, 142, 143A, 143B, 143C, 144A, 144B, 145A,
89-15 145B, 145C, 146A, 146B, 147A, 147B, 148A, 148B, 149, 150, 151, 152,
89-16 153, 154, 155, 156, 157A, 157B, 158, 159A, 159B, 160A, 160B, 161A,
89-17 161B, 161C, 162A, 162B, 162C, 163A, 163B, 164A, 164B, 165A, 165B,
89-18 166, 167, 168A, 168B, 169, 170, 171, 172, 173, 174, 191A, 191B,
89-19 192A, 192B, 193A, 193B, 194, 195A, 195B, 196A, 196B, 197A, 197B,
89-20 199, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207,
89-21 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220,
89-22 221, 222, 223, 224, 225, 226, 227, 228, 229, 230A, 230B, 301, 302,
89-23 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315,
89-24 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328,
89-25 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339A, 339B, 339C,
89-26 339D, 339E, 339F, 340A, 340B, 341A, 341B, 341C, 341D, 342, 343,
89-27 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356,
90-1 357, 358, 359A, 359B, 360A, 360B, 361A, 361B, 361C, 362, 363A,
90-2 363B, 363C, 364, 365, 366, 367A, 367B, 401, 402, 403, 404, 405,
90-3 406, and 410; and that part of Collin County tract 0308 included in
90-4 blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112,
90-5 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125,
90-6 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138,
90-7 139, 145, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211,
90-8 212, 304, 305, 306, 307, 308, and 309; and that part of Collin
90-9 County tract 0309 included in blocks 101A, 101B, 102A, 102B, 103A,
90-10 103B, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115,
90-11 116, 117, 118, 119A, 119B, 120, 121, 122, 123, 124, 125, 126, 127,
90-12 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140,
90-13 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153,
90-14 185, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212,
90-15 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225,
90-16 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238,
90-17 239, 240, 241, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310,
90-18 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323,
90-19 324, 325, 326, 327, 328, 329, 330, 401A, 401B, 401C, 402, 403, 404,
90-20 405, 406, 407, 408, 409, 410, 411, 412, and 413; Denton County
90-21 tracts 0201.01, 0202, 0204.01, 0204.02, 0204.03, 0205.01, 0205.02,
90-22 0206.01, 0206.02, 0207, 0208, 0209, 0210, and 0212; and that part
90-23 of Denton County tract 0203.01 included in blocks 101, 102, 103A,
90-24 103B, 104, 105, 106, 107A, 107B, 108, 109A, 109B, 109C, 110, 111A,
90-25 111B, 112A, 112B, 113, 114, 115, 116, 117, 118, 119A, 119B, 119C,
90-26 120A, 120B, 120C, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130,
90-27 131A, 131B, 131C, 131D, 132A, 132B, 133, 134A, 134B, 135A, 135B,
91-1 136A, 136B, 136C, 136D, 136E, 136F, 137, 138A, 138B, 138C, 138D,
91-2 138E, 139, 143, 144, 145A, 145B, 146A, 146B, 146C, 147A, 147B, 148,
91-3 149, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212,
91-4 213, 214, 215, 216, 217, 218, 220, 221, 222, 223, 224, 225, 226A,
91-5 226B, 227A, 227B, 228, 229, 230, 231, 232, 233, 234, 235A, 235B,
91-6 236, 237, 238, 239 and 252; and that part of Denton County tract
91-7 0211 included in blocks 101, 102, 103, 104, 105, 106, 107, 108,
91-8 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121,
91-9 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134,
91-10 135, 136, 137, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210,
91-11 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302,
91-12 303, 304, 305, 306, 307, 308, and 309; and that part of Denton
91-13 County tract 0214.01 included in blocks 101A, 101B, 102, 103A,
91-14 103B, 104A, 104B, 105A, 105B, 106, 107A, 107B, 107C, 108A, 108B,
91-15 108C, 108D, 109A, 109B, 110A, 110B, 110C, 111, 112, 113, 114, 115,
91-16 116, 117, 118, 119, 120, 121, 122A, 122B, 123, 124, 125, 126, 127,
91-17 199, 201A, 201B, 201C, 202A, 202B, 301A, 301B, 301C, 301D, 301E,
91-18 302, 303A, 303B, 303C, 303D, 303E, 303F, 303G, 303H, 303J, 303K,
91-19 303L, 304, 399, 401A, 401B, 402, 403, 404, 405, and 406; Tarrant
91-20 County tracts 1023.01, 1052.01, 1052.02, 1052.03, 1067, and
91-21 1107.02; and that part of Tarrant County tract 1006.01 included in
91-22 blocks 101A, 101B, 101C, 102A, 102B, 102C, 103A, 103B, 103C, 104A,
91-23 104B, 105A, 105B, 106, 107, 108, 109, 110A, 110B, 111, 112, 113A,
91-24 113B, 114, 115A, 115B, 115C, 116, 117, 118, 119, 120, 121, 122,
91-25 123, 124, 125, 126, 127A, 127B, 129, 130, 199A, 199B, 201, 202,
91-26 203, 204A, 204B, 205, 206, 207, 208, 209A, 209B, 210A, 210B, 210C,
91-27 210D, 211, 212, 213, 214, 215, 217, 299, 301A, 301B, 301C, 301D,
92-1 301E, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314,
92-2 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 399, 399Y, and
92-3 399Z; and that part of Tarrant County tract 1023.02 included in
92-4 blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112,
92-5 113, 114, 115, 201, 202A, 202B, 203, 204, 205, 206, 207, 208, 209,
92-6 210, 211, 212, 213, 214, 215, 216, 301, 302, 303, 304, 305, 306,
92-7 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319,
92-8 320, 321, 322, 323, 401, 402, 403, 404, 405, 406, 407, 408, 409,
92-9 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422,
92-10 423, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512,
92-11 513, 514, 515, and 516; and that part of Tarrant County tract
92-12 1024.01 included in blocks 205, 208, 214, 215 and 217; and that
92-13 part of Tarrant County tract 1107.01 included in blocks 101, 102,
92-14 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115,
92-15 116, 117, 118, 119, 120, 201, 202, 203, 204, 209, 210, 211, 212,
92-16 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305,
92-17 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318,
92-18 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411,
92-19 412, 413, 414, 415, 416, 417, 418, 501, 502, 503, 504, 505, 506,
92-20 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519,
92-21 520, 521, 601, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612,
92-22 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713,
92-23 714A, and 714B; and that part of Tarrant County tract 1109.01
92-24 included in blocks 101, 102, 103, 104, 105, 106, 107, 108, 109,
92-25 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 201, 202, 411,
92-26 412A, and 412B; and that part of Tarrant County tract 1141.01
92-27 included in blocks 343A, 343B, and 343C; and that part of Tarrant
93-1 County tract 1142.02 included in blocks 101, 102, 103, 104, 105A,
93-2 105B, 106, 107A, 107B, 108, 109, 110, 111, 112, 113, 114, 115, 116,
93-3 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127, 128,
93-4 129, 130, 131, 132A, 132B, 133A, 133B, 134, 135A, 135B, 136, 137,
93-5 138, 139, 140, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210,
93-6 211A, 211B, 211C, 212, 213, 214, 215, 216, 217, 218A, 218B, 219,
93-7 301, 302, 303A, 303B, 304, 305, 306, 307, 308, 309, 310, 311, 312A,
93-8 312B, 312C, 312D, 312E, 313A, 313B, 313C, 313D, 314, 315, 316, 317,
93-9 318, 319, 320, 321, 322A, and 322B; and that part of Tarrant County
93-10 tract 1142.05 included in blocks 203, 204, 205, 206, 207A, 207B,
93-11 208A, 208B, 209, 301, 302A, 302B, 303, 304, 305, 401, 402, 403,
93-12 404, 405, 406, 407, 408, 409, 501, 502, 503, 504, 505, 506, 507,
93-13 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515A, 515B, 601,
93-14 602, 603, 604, 605, 606, 607, 608, 701A, 701B, 702, 703, 704, 705,
93-15 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718,
93-16 719, and 720.>
93-17 <(p) District No. 15 is composed of Andrews, Armstrong,
93-18 Bailey, Borden, Carson, Castro, Cochran, Coke, Dallam, Dawson, Deaf
93-19 Smith, Ector, Gaines, Glasscock, Gray, Hale, Hansford, Hartley,
93-20 Hemphill, Hockley, Howard, Hutchinson, Irion, Lamb, Lipscomb,
93-21 Loving, Lubbock, Lynn, Martin, Moore, Ochiltree, Oldham, Parmer,
93-22 Potter, Randall, Reagan, Roberts, Runnels, Sherman, Sterling,
93-23 Taylor, Terry, Tom Green, Ward, Wheeler, Winkler, and Yoakum
93-24 counties.>
93-25 <(q) Except as provided by Subsection (r) of this section,
93-26 in this section, "tract," "block numbering area (BNA)," and "block"
93-27 mean the the geographic areas identified by those terms on the P.L.
94-1 94-171 County Block Maps (1990), or on the 1990 Census TIGER/Line
94-2 File, prepared by the United States Department of Commerce Bureau
94-3 of the Census for the Twenty-first Decennial Census of the United
94-4 States, enumerated as of April 1, 1990, as set out in the
94-5 Redistricting Map Data Base for the State of Texas prepared by the
94-6 Texas Legislative Council and distributed by the council to the
94-7 State Data Center, Texas Department of Commerce, on March 22, 1991,
94-8 for public distribution by the State Data Center. If a tract, BNA,
94-9 or block as set out in the Redistricting Map Data Base for the
94-10 State of Texas differs from a tract, BNA, or block as set out in
94-11 the P.L. 94-171 County Block Maps (1990) or 1990 Census TIGER/Line
94-12 File, this section refers to the tract, BNA, or block according to
94-13 the Redistricting Map Data Base for the State of Texas.>
94-14 <(r) In this section, a water block designated by a number
94-15 ending in the digits "99" followed by a suffixed letter (e.g.,
94-16 block 299A, block 599Z) means that portion of the corresponding
94-17 census block (that is, the census block designated by the same
94-18 number but without the suffixed letter) as delineated and
94-19 designated on the Redistricting Map Data Base for the State of
94-20 Texas prepared by the Texas Legislative Council and distributed by
94-21 the council to the State Data Center, Texas Department of Commerce,
94-22 on March 22, 1991, for public distribution by the State Data
94-23 Center. In this subsection, census block means a block as
94-24 designated by the United States Department of Commerce Bureau of
94-25 the Census on the official P.L. 94-171 County Block Maps (1990) or
94-26 on the 1990 Census TIGER/Line File.>
94-27 <(s) This subsection applies only to a provision of this
95-1 section that describes portions of a tract that is divided between
95-2 two or more districts. If a water block depicted on official P.L.
95-3 94-171 County Block Maps (1990) or contained on the 1990 Census
95-4 TIGER/Line File is not listed in this section, the water block or
95-5 each separate portion of the water block is included in the
95-6 contiguous block in which the water block or portion of the water
95-7 block is contained. If the water block or portion of the water
95-8 block is contiguous with more than one other block, the water block
95-9 or portion of the water block is included in the contiguous block
95-10 with which it shares the longest common boundary according to the
95-11 P.L. 94-171 County Block Maps (1990) or 1990 Census TIGER/Line
95-12 File.>
95-13 <(t) It is the intention of the Texas Legislature that, if
95-14 any county, tract, block numbering area, block, or other geographic
95-15 area has erroneously been left out of this section, a court
95-16 reviewing this section should include that area in the appropriate
95-17 district in accordance with the intent of the legislature, using
95-18 any available evidence of that intent, including but not limited to
95-19 such evidence as that used by the Supreme Court of Texas in Smith
95-20 v. Patterson, 111 Tex. 535, 242 S.W. 749 (1922).>
95-21 Sec. 7.052 <11.22>. ELIGIBILITY FOR MEMBERSHIP. (a) A
95-22 <Members of the State Board of Education shall be elected at
95-23 biennial general elections held in compliance with the general
95-24 election laws of this state.>
95-25 <(b) No> person is not <shall be> eligible for election to
95-26 or service <serve> on the board if the person <he> holds an office
95-27 with this state <the State of Texas> or any political subdivision
96-1 of this state <thereof>.
96-2 (b) A <(c) No> person may not <shall> be elected from or
96-3 serve in a district who is not a bona fide resident of the district
96-4 <thereof> with one year's continuous residence before <prior to
96-5 his> election. A <No> person is not <shall be> eligible for
96-6 election or appointment to or service on the board unless the
96-7 person <he> is <a citizen of the United States,> a qualified voter
96-8 of the <his> district in which the person resides<,> and at least
96-9 the age required for eligibility to be a state senator under
96-10 Section 6, Article III, Texas Constitution <is 30 years of age or
96-11 older>.
96-12 (c) <(d) Candidates shall be nominated and elected in the
96-13 manner provided in the Texas Election Code for nomination and
96-14 election of district officers generally, except as otherwise
96-15 provided in the Election Code or in this code.>
96-16 <(e) It shall be unlawful for any person, group of persons,
96-17 organization, or corporation engaged in manufacturing, shipping,
96-18 selling, storing, advertising textbooks--or in any other manner
96-19 connected with the textbook business--to make a financial
96-20 contribution to, or take part in, directly or indirectly, the
96-21 campaign of any person seeking election to the State Board of
96-22 Education. It shall likewise be unlawful for anyone interested in
96-23 selling bonds of any type whatsoever to make a financial
96-24 contribution to or take part in, directly or indirectly, the
96-25 campaign of any person seeking election to the board. Anyone
96-26 convicted of violating the provisions of this subsection shall be
96-27 punished as prescribed by the penal laws of this state.>
97-1 <(f) At each general election immediately following a
97-2 decennial reapportionment of districts, one member shall be elected
97-3 to the board from each district. Except as provided in Subsection
97-4 (g) of this section, members of the board serve staggered terms of
97-5 four years with the terms of eight of the members expiring on
97-6 January 1 of one odd-numbered year and the terms of seven of the
97-7 members expiring on January 1 of the next odd-numbered year.>
97-8 <(g) Seven of the members of the board elected at each
97-9 general election following a decennial reapportionment of districts
97-10 shall serve for terms of two years, and eight shall serve for terms
97-11 of four years. Members shall draw lots to determine which shall
97-12 serve for terms of two and four years.>
97-13 <(h) Each member of the board shall take the official oath
97-14 of office, and shall be bonded in the amount of $10,000, in the
97-15 manner prescribed in Chapter 383, Acts of the 56th Legislature,
97-16 Regular Session, 1959 (Article 6003b, Vernon's Texas Civil
97-17 Statutes).>
97-18 <(i) In case of resignation or death of a board member, or
97-19 in a case a position on the board otherwise becomes vacant, the
97-20 board shall fill such vacancy as soon as possible by appointment of
97-21 a qualified person from the affected district. The appointee shall
97-22 hold office only until his successor is duly elected for the
97-23 remainder of the unexpired term at the next general election and
97-24 has qualified by taking the required oath and filing the required
97-25 bond or until expiration of the term of office to which he has been
97-26 appointed, whichever occurs first.>
97-27 <(j) A vacancy that occurs at a time when it is impossible
98-1 to place the name of a candidate for the unexpired term on the
98-2 general election ballot shall be filled by appointment, as
98-3 specified in Subsection (i) of this section.>
98-4 <(k) Members of the board shall receive no salary but shall
98-5 be reimbursed for all expenses incurred in attending meetings of
98-6 the board or incident to any judicial action taken because of
98-7 appeal from a board order.>
98-8 <(l)> A person who is required to register as a lobbyist
98-9 under Chapter 305, Government Code, by virtue of the person's <his>
98-10 activities for compensation in or on behalf of a profession related
98-11 to the operation of the board, may not serve as a member of the
98-12 board or act as the general counsel to the board.
98-13 <(m) Appointments to vacancies on the board shall be made
98-14 without regard to the race, creed, sex, religion, and national
98-15 origin of the appointees.>
98-16 Sec. 7.053. TERMS. (a) At each general election
98-17 immediately following a decennial reapportionment of districts, one
98-18 member shall be elected to the board from each district. Except as
98-19 provided by Subsection (b), members of the board serve staggered
98-20 terms of four years with the terms of eight members expiring on
98-21 January 1 of one odd-numbered year and the terms of seven members
98-22 expiring on January 1 of the next odd-numbered year.
98-23 (b) Seven members of the board elected at each general
98-24 election following a decennial reapportionment of districts shall
98-25 serve two-year terms and eight shall serve four-year terms.
98-26 Members shall draw lots to determine who serves which terms.
98-27 (c) If a board member resigns or dies, or if a position on
99-1 the board otherwise becomes vacant, the board shall fill the
99-2 vacancy as soon as possible by appointing a qualified person from
99-3 the affected district. The appointed member holds office only
99-4 until a successor is elected for the remainder of the unexpired
99-5 term at the next general election and has qualified or until
99-6 expiration of the term of office to which the member is appointed,
99-7 whichever occurs first.
99-8 (d) A vacancy that occurs at a time when it is impossible to
99-9 place the name of a candidate for the unexpired term on the general
99-10 election ballot is filled by appointment, as prescribed by
99-11 Subsection (c).
99-12 (e) An appointment to a vacancy on the board shall be made
99-13 without regard to the race, creed, sex, religion, or national
99-14 origin of the appointed member.
99-15 Sec. 7.054. BOND. Each member of the board shall be bonded
99-16 in the amount of $10,000, in the manner prescribed by Chapter 653,
99-17 Government Code.
99-18 Sec. 7.055. COMPENSATION. A member of the board is not
99-19 entitled to receive compensation, but is entitled to reimbursement
99-20 of the member's travel expenses incurred in attending a meeting of
99-21 the board or incident to any judicial action taken because of
99-22 appeal from a board order.
99-23 Sec. 7.056. MEETINGS. The board shall hold four meetings a
99-24 year in Austin, Texas, on dates determined by the chair and may
99-25 hold other meetings as may be called by the chair.
99-26 Sec. 7.057 <11.23>. OFFICERS <MEETINGS AND ORGANIZATION>.
99-27 (a) <The board shall hold four meetings a year in Austin, Texas,
100-1 on dates determined by the chairman and may hold other meetings as
100-2 may be called by the chairman.>
100-3 <(b) At its next regular meeting following the election and
100-4 qualification of new members, the State Board of Education shall
100-5 organize, adopt rules of procedure, and elect a vice chairman and
100-6 secretary.>
100-7 <(d)> The governor, with the advice and consent of the
100-8 senate, appoints the chair <chairman of the State Board of
100-9 Education> from among the membership of the board <State Board of
100-10 Education>. The chair <chairman> serves a term of two years.
100-11 (b) At the board's first regular meeting following the
100-12 election and qualification of new members, the board shall
100-13 organize, adopt rules of procedure, and elect a vice chair and
100-14 secretary.
100-15 (c) <(e)> The board may not elect officers by slate, but
100-16 must take a separate vote to fill each position. A person who
100-17 serves two consecutive terms as chair <chairman> is ineligible to
100-18 again serve as chair <chairman> until four years have elapsed since
100-19 the expiration of the second term.
100-20 Sec. 7.058. PROHIBITION ON POLITICAL CONTRIBUTION OR
100-21 ACTIVITY. (a) A person interested in selling bonds of any type
100-22 commits an offense if the person makes or authorizes a political
100-23 contribution to or takes part in, directly or indirectly, the
100-24 campaign of any person seeking election to or serving on the board.
100-25 (b) An offense under Subsection (a) is a misdemeanor
100-26 punishable by a fine of not less than $500 or more than $1,000,
100-27 confinement in jail for a term of not less than 90 days or more
101-1 than 180 days, or both.
101-2 (c) In this section, "political contribution" has the
101-3 meaning assigned by Section 251.001, Election Code.
101-4 Sec. 7.059 <11.24>. <GENERAL> POWERS AND DUTIES. (a) In
101-5 addition to <performing> its duties under the constitution, the
101-6 board has the authority specifically granted by statute over the
101-7 system of public education at the state level for persons under 21
101-8 years of age. An action taken by the board has no effect unless
101-9 the <State Board of Education shall take actions necessary to
101-10 implement legislative policy for the public school system of the
101-11 state. The> board includes <shall include> in the record of its
101-12 meetings the legislative authority for the <each> action <taken by
101-13 the board>. The board shall consider any comments submitted by a
101-14 standing committee of the senate or house of representatives with
101-15 primary jurisdiction over the public school system on a proposed
101-16 rule before voting on final adoption of the rule. If the board is
101-17 unsure of the legislative intent of any legislative enactment, the
101-18 board may request a joint meeting with either or both of those
101-19 committees to discuss the intent.
101-20 (b) The board may establish a task force, composed of a
101-21 committee of board members or members of the public appointed by
101-22 the board, or both, for the limited purposes of studying a
101-23 significant educational policy issue and reporting findings to the
101-24 board. The duration of a task force may not exceed one year unless
101-25 extended by the board. A task force member may be reimbursed for
101-26 travel, food, or lodging expenses in an amount per diem not to
101-27 exceed the amount provided by the General Appropriations Act <The
102-1 board is also the State Board for Vocational Education and as such,
102-2 the board shall have all the powers and duties conferred on it by
102-3 the various statutes relating to the State Board for Vocational
102-4 Education. The State Board of Education (State Board for
102-5 Vocational Education) may contract with the Texas Higher Education
102-6 Coordinating Board so that the coordinating board may assume the
102-7 leadership role and administrative responsibility of the State
102-8 Board for Vocational Education for state level administration of
102-9 technical-vocational education programs in Texas public community
102-10 colleges, public technical institutes, and other eligible public
102-11 postsecondary institutions>.
102-12 (c) The board may accept a gift, donation, or other
102-13 contribution from an individual or other entity on behalf of the
102-14 agency and the public school system of this state. Unless
102-15 otherwise specified by the donor, the use of a contribution shall
102-16 be determined by the board.
102-17 (d) The board may review the manner in which the
102-18 commissioner applies the board's rules.
102-19 (e) Unless otherwise specifically provided by statute, a
102-20 rule adopted by the board does not take effect until the beginning
102-21 of the school year that begins at least 90 days after the date the
102-22 rule would take effect under the generally applicable effective
102-23 date prescribed by Section 2001.036(a), Government Code.
102-24 <Sec. 11.25. POWERS AND DUTIES RELATED TO COMMISSIONER OF
102-25 EDUCATION. (a) The state commissioner of education shall be the
102-26 executive officer through whom the State Board of Education shall
102-27 carry out its policies and enforce its rules and regulations.>
103-1 <(b) The State Board of Education shall have power to review
103-2 the commissioner's application of the board's rules and
103-3 regulations.>
103-4 <(d) The commissioner of education may appoint as many
103-5 advisory committees, subject to confirmation by the State Board of
103-6 Education and in accordance with the provisions of Subchapter H of
103-7 this code, as are necessary to advise the commissioner in carrying
103-8 out the duties and mission of the Central Education Agency.>
103-9 Sec. 7.060 <11.26>. Powers and Duties Related to Educational
103-10 Needs of the State. <(b) The board shall review periodically the
103-11 educational needs of the state, establish goals for the public
103-12 school system, and adopt and promote four-year plans for meeting
103-13 these needs and goals. Prior to each regular legislative session,
103-14 the board shall evaluate the achievements of the educational
103-15 program in relationship to the current four-year plan and report
103-16 that evaluation to the governor and the legislature.>
103-17 <(c)> With the advice and assistance of the <state>
103-18 commissioner <of education>, the board <State Board of Education>
103-19 shall:
103-20 (1) <make to the legislature biennial reports covering
103-21 all the activities and expenditures of the Central Education
103-22 Agency;>
103-23 <(2)> adopt rules for granting, modifying, suspending,
103-24 and revoking charters as necessary to implement Chapter 11 <the
103-25 accreditation of schools>;
103-26 (2) <(3) execute contracts for the purchase of
103-27 instructional aids, including textbooks, within the limits of
104-1 authority granted by the legislature;>
104-2 <(4)> execute contracts for the investment of the
104-3 permanent school fund, within the limits of authority granted by
104-4 Chapter 43 <15 of this code>;
104-5 (3) recommend educational goals to the legislature
104-6 under Section 5.002;
104-7 (4) develop state plans for special education, the
104-8 education of gifted and talented students, career and technical
104-9 education, and the use of technology in schools;
104-10 (5) establish the state textbook fund under Section
104-11 31.002; <adopt rules consistent with Chapter 13 of this code for
104-12 certification of teachers, administrators, and other professional
104-13 personnel customarily employed in public schools;>
104-14 (6) adopt school bus safety standards under Section
104-15 34.001; <adopt rules requiring school districts to notify parents
104-16 of students of a teacher teaching a subject for which the teacher
104-17 is not certified, unless the teacher is serving an internship under
104-18 Section 13.035 of this code, or the teacher has at least 24
104-19 semester credit hours in the subject, or the teacher is teaching
104-20 under an emergency permit and is making satisfactory progress
104-21 toward completion of a deficiency plan;>
104-22 (7) adopt library standards under Section 33.021;
104-23 <consider the athletic necessities and activities of the public
104-24 schools of Texas and in advance of each regular session of the
104-25 legislature specifically report to the governor of Texas the proper
104-26 and lawful division of time and money to be devoted to athletics,
104-27 holidays, legal and otherwise, and to educational purposes; and>
105-1 (8) establish the curriculum elements of each subject
105-2 of the core curriculum, establish the required curriculum,
105-3 including a general description of course content, and establish
105-4 the recommended curriculum under Section 28.001;
105-5 (9) establish the courses required for high school
105-6 graduation under Section 28.001; and
105-7 (10) adopt teacher and administrator appraisal
105-8 instruments under Sections 21.271 and 21.276 and counselor
105-9 evaluation instruments under Section 33.005 <on or before May 15 of
105-10 each year, formulate and transmit to the Texas Council on
105-11 Vocational Education a list of evaluation topics that address
105-12 developing and future concerns of the board in the field of
105-13 technical-vocational education.>
105-14 <(d) The State Board of Education shall not adopt any
105-15 policy, rule, regulation, or other plan which would require any
105-16 school district within the state, as a prerequisite for
105-17 accreditation or other approval, to hire any supervisor>.
105-18 Sec. 7.061. AUTHORITY TO SERVE AS STATE BOARD FOR CAREER AND
105-19 TECHNICAL EDUCATION. (a) The board is also the State Board for
105-20 Career and Technical Education and, as such, has the powers and
105-21 shall perform the duties conferred on it by this code and any other
105-22 laws relating to the State Board for Career and Technical
105-23 Education.
105-24 (b) The commissioner is the executive officer through whom
105-25 the State Board for Career and Technical Education shall carry out
105-26 its policies and enforce its rules.
105-27 (c) The State Board for Career and Technical Education may
106-1 contract with the Texas Higher Education Coordinating Board or any
106-2 other state agency to assume the leadership role and administrative
106-3 responsibility of the State Board for Career and Technical
106-4 Education for state level administration of technical-vocational
106-5 education programs in public community colleges, public technical
106-6 institutes, and other eligible public postsecondary institutions in
106-7 this state.
106-8 (d) The State Board for Career and Technical Education may
106-9 allocate, to an approved institution or program, funds appropriated
106-10 to the board by the legislature or federal funds received by the
106-11 board under the Carl D. Perkins Vocational Education Act (20 U.S.C.
106-12 Section 2301 et seq.) or other federal law. An institution or
106-13 program is eligible to receive the funds only if the institution or
106-14 program is approved by the State Board of Education, the Texas
106-15 Higher Education Coordinating Board, or another state agency
106-16 specified by law. An institution or program, including an
106-17 industrial arts institution or program, that has been approved to
106-18 receive the funds does not need to be approved again.
106-19 <Sec. 11.27. INNOVATIVE PROGRAMS. (a) The State Board of
106-20 Education shall establish a process under which programs developed
106-21 by school campuses may be approved, notwithstanding lack of
106-22 compliance with other statutory requirements, to demonstrate
106-23 innovative educational practices.>
106-24 <(b) Innovative programs that may be approved under this
106-25 section include, but are not limited to, programs relating to:>
106-26 <(1) school year restructuring;>
106-27 <(2) alternative learning environments;>
107-1 <(3) parental literacy;>
107-2 <(4) decentralization of organizational decisions;>
107-3 <(5) instructional technology;>
107-4 <(6) student and parental choice among public schools;>
107-5 <(7) child care;>
107-6 <(8) early childhood education;>
107-7 <(9) an extended school day;>
107-8 <(10) teacher and administrator development;>
107-9 <(11) continuous progress education;>
107-10 <(12) student-teacher ratios below 22:1 in elementary
107-11 grades;>
107-12 <(13) use of elementary school guidance counselors,
107-13 social workers, and other personnel in successful dropout
107-14 prevention programs;>
107-15 <(14) career development for students;>
107-16 <(15) bilingual training;>
107-17 <(16) the generation of more effective parental
107-18 involvement with the schools;>
107-19 <(17) school-age latch-key children;>
107-20 <(18) volunteer efforts with the private sector;>
107-21 <(19) coordination of school activities with community
107-22 health and human services programs and other community resources;>
107-23 <(20) magnet schools;>
107-24 <(21) interdisciplinary curriculum;>
107-25 <(22) peer tutoring;>
107-26 <(23) counseling of families of at-risk students;>
107-27 <(24) comprehensive coordination with health and human
108-1 service delivery systems; and>
108-2 <(25) foreign language education with priority given
108-3 to elementary and middle school programs.>
108-4 <(c) Innovative program applications shall initially be
108-5 selected on a competitive, peer review basis by the program
108-6 advisory committee established under Section 11.271 of this code,
108-7 with final approval by the State Board of Education and, if the
108-8 program requires the expenditure of state funds, the Legislative
108-9 Budget Board.>
108-10 <(d) A school campus's application for approval of a program
108-11 under this section must include substantial evidence that the
108-12 campus has adequately planned the program and that the application
108-13 has been approved by the district's board of trustees.>
108-14 <(e) The approval by the State Board of Education of an
108-15 application under this section that requires the expenditure of
108-16 state funds is ineffective unless the Legislative Budget Board
108-17 approves the expenditure of state funds for the program under the
108-18 authority of Article XVI, Section 69, of the Texas Constitution.>
108-19 <(f) If an innovative program proposes a deviation from a
108-20 requirement or prohibition imposed by state law or rule, final
108-21 approval of the program constitutes a waiver of the requirement or
108-22 prohibition for the duration of the program. A prohibition on
108-23 conduct that constitutes a criminal offense may not be waived.>
108-24 <(g) A school campus with an approved innovative program
108-25 receiving funds under Section 11.271 of this code shall report on
108-26 the progress of the program to the Central Education Agency not
108-27 later than September 1 of each year after the school year that the
109-1 funding is received and upon completion of the program.>
109-2 <(h) The Central Education Agency shall evaluate each
109-3 program's effectiveness and shall report its findings to the
109-4 Legislative Budget Board and to the State Board of Education not
109-5 later than December 1 preceding each regular session of the
109-6 legislature.>
109-7 <Sec. 11.271. PUBLIC EDUCATION DEVELOPMENT FUND. (a) The
109-8 public education development fund is an account in the General
109-9 Revenue Fund. The comptroller of public accounts may receive gifts
109-10 and grants for the public education development fund.>
109-11 <(b) Funds that may be credited to the public education
109-12 development fund include gifts, grants, and legislative
109-13 appropriations.>
109-14 <(c) The State Board of Education shall administer the
109-15 public education development fund.>
109-16 <(d) Each fiscal year, the board, after deducting the cost
109-17 of administration not to exceed an amount set by appropriation,
109-18 shall make disbursements from the public education development fund
109-19 to the Educational Economic Policy Center in a total amount
109-20 approved by the Legislative Budget Board. The board shall disburse
109-21 the remainder of the fund to eligible school campuses.>
109-22 <(e) To be eligible for a disbursement from the public
109-23 education development fund under this section, a school campus must
109-24 have an approved innovative program application under Section 11.27
109-25 of this code. A campus may use funds received under this section
109-26 for the approved innovative program only.>
109-27 <(f) A gift or grant to the public education development
110-1 fund that provides the terms of its disbursement may be distributed
110-2 only as specifically provided by the terms of the gift or grant.>
110-3 <(g) Seventy percent of the funds disbursed under this
110-4 section must be for projects designed to improve the academic
110-5 achievement of low-performing students. Priority shall be given to
110-6 projects submitted by campuses that have 60 percent or fewer
110-7 students who perform satisfactorily on the criterion-referenced
110-8 assessment instrument required under Section 21.551 of this code or
110-9 that are otherwise low-performing campuses as defined by rule of
110-10 the State Board of Education.>
110-11 <(h) From funds appropriated for the public education
110-12 development fund, the comptroller shall issue warrants to the
110-13 Educational Economic Policy Center and to each eligible school
110-14 campus's school district in the amount certified by the board to
110-15 the comptroller.>
110-16 <(i) The Educational Economic Policy Committee shall appoint
110-17 a program advisory committee, composed of experts in policy
110-18 research and disciplines that represent the center's purposes, to
110-19 make recommendations to the State Board of Education and the
110-20 Legislative Budget Board on the use of the public education
110-21 development fund.>
110-22 <Sec. 11.272. EXCELLENCE EXEMPTIONS. (c) The Central
110-23 Education Agency shall monitor and evaluate deregulation of a
110-24 school campus or district under this section and Section 11.273 of
110-25 this code and report annually on the effect of deregulation on
110-26 student achievement to the State Board of Education, the governor,
110-27 the lieutenant governor, the speaker of the house of
111-1 representatives, and the standing committees of the senate and
111-2 house of representatives with primary jurisdiction over the public
111-3 school system. The report must include a list of the exemptions
111-4 utilized and a review of the effectiveness of the waivers and
111-5 exemptions programs.>
111-6 <Sec. 11.29. ADOPTION OF BUDGET FOR THE CENTRAL EDUCATION
111-7 AGENCY. (a) The commissioner of education shall adopt annually a
111-8 budget for operating the Foundation School Program, the Central
111-9 Education Agency, and other programs for which the State Board of
111-10 Education has responsibility. The budget shall be in accordance
111-11 with the amounts appropriated by the general appropriations act and
111-12 shall provide funds for the administration and operation of the
111-13 Central Education Agency and any other necessary expense. Before
111-14 adopting the budget, the commissioner shall:>
111-15 <(1) submit the budget to the State Board of Education
111-16 and the Legislative Budget Board for review and comment; and>
111-17 <(2) after receiving the comments of those boards,
111-18 present the budget to the governor and the Legislative Budget
111-19 Board.>
111-20 <(b) Expenses eligible for payment in whole or in part from
111-21 federal and special funds shall be designated in the budget.>
111-22 <(c) Expense items budgeted which are not eligible for
111-23 payment from federal or special funds shall be paid from the
111-24 foundation school program fund.>
111-25 <(e) The budget cost of operating the Central Education
111-26 Agency which is paid from the foundation school program fund shall
111-27 be included in the estimated cost of the Foundation School Program
112-1 which is computed by the State Board of Education in March of each
112-2 year for the determination of the local fund assignment to be
112-3 charged to each school district.>
112-4 <(f) On or before August 15 of each year, a copy of the
112-5 approved operating budget for the Central Education Agency showing
112-6 total funds budgeted by sources of funds shall be filed with the
112-7 state comptroller of public accounts. Thereafter, vouchers
112-8 submitted by the state commissioner of education shall be paid from
112-9 the appropriate fund.>
112-10 Sec. 7.062 <11.30>. ACCEPTANCE OF <AUTHORITY TO ENTER INTO
112-11 CONTRACTS FOR> GRANTS. For the maintenance and improvement of
112-12 state educational programs and activities in the public schools,
112-13 the board <State Board of Education> may enter into contracts for
112-14 grants from both public and private organizations and may spend
112-15 <expend such> funds under the terms and for the specific purposes
112-16 contracted.
112-17 <Sec. 11.31. TEACHER-TRAINING PROGRAMS. (a) The State
112-18 Board of Education shall develop and publicize a program
112-19 specifically designed to encourage and facilitate the entry into
112-20 public-school teaching and into teacher-training programs of a
112-21 corps of intelligent, mature, and concerned persons who have
112-22 received bachelor's degrees from accredited institutions of higher
112-23 education.>
112-24 <(b) The State Board of Education and the institutions of
112-25 higher learning in this state that are approved for teacher
112-26 education shall cooperate to develop procedures for the individual
112-27 evaluation and appraisal of the training and training needs of
113-1 persons applying for teacher certification who have possessed a
113-2 bachelor's degree from an accredited institution of higher learning
113-3 for a period of three years or longer and who are eligible under
113-4 the laws of Texas to be certified, and to provide to these persons
113-5 teacher-training programs that are appropriate to their needs and
113-6 that can be completed in a reasonable time.>
113-7 <(c) The president or chancellor of each college or
113-8 university in this state approved for teacher training shall
113-9 appoint a three-member evaluation team to perform the individual
113-10 evaluation and determine the individual training needs referred to
113-11 in Subsection (b) of this section. The evaluation team shall be
113-12 comprised of two members of the faculty of the department or school
113-13 of education and>
113-14 <(1) one member from the school or college of arts and
113-15 sciences if the individual is applying for evaluation for
113-16 elementary certification; or>
113-17 <(2) one member from the teaching field of the
113-18 individual if the applicant is applying for evaluation for
113-19 secondary certification.>
113-20 <(d) More than one team as described in Subsection (c) of
113-21 this section may be appointed at an institution when needed.>
113-22 <(e) When an applicant meeting the requirements in
113-23 Subsection (b) of this section seeks to become certified to teach
113-24 in the public schools of Texas, he shall present his transcript and
113-25 any information covering any work experience or additional
113-26 qualifications to an institution of higher learning approved for
113-27 teacher education. The institution's evaluation team shall
114-1 evaluate the applicant's transcript and work experience and, when
114-2 practicable, interview the applicant to determine any deficiencies
114-3 in either professional or content preparation, in the area of
114-4 teaching specialization chosen by the applicant. The evaluation
114-5 team shall give due consideration to the applicant's work
114-6 experience, as well as to his academic record, and to any other
114-7 evidence bearing upon his qualification as a teacher. The
114-8 evaluation team shall then recommend what additional course work or
114-9 other preparation is needed by the applicant to qualify for
114-10 certification under standards established by the State Board of
114-11 Education. While the applicant is pursuing the study and
114-12 preparation recommended by the evaluation team, he will remain
114-13 under its general guidance. His training may be reevaluated by the
114-14 team when necessary, as when any teaching experience is acquired by
114-15 the applicant either in student teaching or under emergency permit.
114-16 When the team finds the applicant has satisfactorily met the
114-17 requirements for certification, the team shall recommend him for a
114-18 provisional certificate.>
114-19 <(f) The State Board of Education, with the advice and
114-20 assistance of the state commissioner of education, shall develop a
114-21 pattern of minimum standards for the certification of persons under
114-22 this section. The pattern shall recognize the role and
114-23 responsibility of the evaluation teams. As far as the training of
114-24 persons under this section is concerned, the board shall allow the
114-25 waiver of any current requirements for the provisional certificate
114-26 not stipulated or implied by the standards developed for the
114-27 guidance of institutions for this particular program. However,
115-1 nothing in this section shall be construed as permitting more
115-2 requirements of an applicant under this section than would be made
115-3 in an undergraduate program of teacher preparation; to the
115-4 contrary, the legislative intent of this section is that, in
115-5 recognition of the maturity, experience, and level of achievement
115-6 of applicants in this program, course requirements would more
115-7 likely be reduced, compressed, or combined, and would be more
115-8 freely interchangeable with similar courses.>
115-9 <(g) The Central Education Agency is hereby authorized and
115-10 directed to prepare, or have prepared, publicity materials, and to
115-11 make these materials available for use to television and radio
115-12 stations, newspapers and other periodicals, and any other
115-13 appropriate communications media, to encourage qualified persons to
115-14 enter the teaching profession and to publicize the training program
115-15 directed in this section, as well as other teacher-training
115-16 programs. The Central Education Agency is hereby authorized to use
115-17 for this purpose any funds that have been or may be appropriated to
115-18 it, and to accept and spend for this purpose any gifts or donations
115-19 of funds made for this purpose.>
115-20 <(h) When the commissioner of education shall so direct, in
115-21 the case of applicants seeking to enter this program to qualify to
115-22 teach in trade or industrial courses, the requirement herein for a
115-23 bachelor's degree may be waived.>
115-24 <(i)(1) The State Board of Education, with the advice and
115-25 assistance of the state commissioner of education, shall establish
115-26 rules:>
115-27 <(A) prohibiting the abridgement of the right of
116-1 any higher education student to join any association or
116-2 organization, or to refuse to join any association or organization;
116-3 and>
116-4 <(B) prohibiting the board of regents of any
116-5 public institution of higher education, and any of its officers,
116-6 faculty, or other employees, from directly or indirectly requiring,
116-7 in the teacher preparation program, as a condition of enrollment,
116-8 graduation, or for any other reason, or coercing, any student
116-9 enrolled, or applying for enrollment, to join, already possess
116-10 membership in, or indicate intent to join, any particular
116-11 association or organization.>
116-12 <(2) It shall be the responsibility of the State Board
116-13 of Education to enforce the provisions of this section.>
116-14 <(3) It shall be the responsibility of the State Board
116-15 of Education to notify every accredited institution of higher
116-16 education, or accredited department within any unaccredited
116-17 institution of higher education, of the provisions of this section.>
116-18 <(j) The State Board of Education, with the advice and
116-19 assistance of the state commissioner of education, is hereby
116-20 authorized to establish such rules and regulations as are not
116-21 inconsistent with the provisions of this section and which may be
116-22 necessary to implement and carry out the legislative policy
116-23 expressed herein.>
116-24 <Sec. 11.311. LOCAL COOPERATIVE TEACHER EDUCATION CENTERS.
116-25 (a) To provide college students facilities, additional
116-26 instructional materials required for student teachers, and
116-27 supervision for student teaching required by law as prerequisites
117-1 to the issuance of a valid Texas certificate for the appropriate
117-2 position, it is necessary that joint responsibility among the
117-3 colleges and universities approved for teacher education by the
117-4 commissioner, the Texas public school districts, and the State of
117-5 Texas be hereby established.>
117-6 <(b) The commissioner, with the assistance of colleges,
117-7 universities, and public school personnel, subject to the approval
117-8 of the State Board of Education, shall establish standards for the
117-9 approval of local cooperative teacher education centers, and define
117-10 the cooperative relationship between the college or university and
117-11 the public school which serves the teacher education program.>
117-12 <(c) The approved public school district and the college or
117-13 university using its facilities for student teaching shall jointly
117-14 approve or select the supervisors of student teachers, who are
117-15 employees of the district, to serve in the program and adopt an
117-16 agreed continuing in-service improvement program for supervisors of
117-17 student teachers or those preparing to become supervisors of
117-18 student teachers.>
117-19 <Sec. 11.32. REGIONAL EDUCATION SERVICE CENTERS. (a) The
117-20 State Board of Education shall provide, by rules and regulations,
117-21 for the establishment and operation of Regional Education Service
117-22 Centers to provide educational services to the school districts and
117-23 to coordinate educational planning in the region.>
117-24 <(b) Regional centers shall be located throughout the state
117-25 so that each school district has the opportunity to be served and
117-26 to participate in an approved center, on a voluntary basis. No
117-27 center shall be approved unless it serves an area having 50,000 or
118-1 more eligible scholastics in average daily attendance for the next
118-2 preceding school year, except that the State Board of Education may
118-3 make an exception for sparsely populated areas.>
118-4 <(c) Each center shall be governed by a seven-member board.
118-5 The State Board of Education shall adopt uniform rules and
118-6 regulations to provide for the local selection, appointment, and
118-7 continuity of membership for regional boards of directors.
118-8 Vacancies shall be filled by appointment by the remaining members
118-9 of the regional board for the unexpired term. All members shall
118-10 serve without compensation.>
118-11 <(d) The Regional Board of Directors is authorized to employ
118-12 an executive director for its respective center and such other
118-13 personnel, professional and clerical, as it deems necessary to
118-14 carry out the functions of the center, and to do and perform all
118-15 things which it deems proper for the successful operation thereof,
118-16 and to pay for all operating expenses by warrants drawn on proper
118-17 funds available for such purpose.>
118-18 <(e) The Regional Board of Directors of each Regional
118-19 Education Service Center, under rules of the State Board of
118-20 Education, may enter into contracts for grants from both public and
118-21 private organizations and to expend such funds for the specific
118-22 purposes in accordance with the terms of the contract with the
118-23 contracting agency.>
118-24 <(f) Basic costs for the provision of regional education
118-25 services to school districts and coordination of educational
118-26 planning in the region and for administrative costs necessary to
118-27 support these services shall be paid from the Foundation School
119-1 Fund. Each Regional Education Service Center shall receive an
119-2 annual allotment of $200,000, with the remainder of the funds
119-3 available under the provisions of this subsection to be allocated
119-4 to the Regional Education Service Centers on the basis of the
119-5 average daily attendance within the area of operation for each
119-6 Regional Education Service Center as determined for the next
119-7 preceding school year. The allotment amounts here authorized to be
119-8 granted by the State Board of Education shall not exceed in any
119-9 year a sum equal to .45 percent multiplied by the following
119-10 specified elements of cost contained in the Foundation School
119-11 Program for the current school year: salaries, maintenance and
119-12 operation, vocational operating costs, transportation-regular,
119-13 transportation-special education, transportation-vocational
119-14 education, agency administration, other special education programs,
119-15 vocational contract services, bilingual education, preschool
119-16 non-English speaking, preschool deaf, compensatory education,
119-17 driver education, and minimum aid.>
119-18 <(g) Each Regional Education Service Center, within each
119-19 six-year period, shall:>
119-20 <(1) perform a self-study of the effectiveness of its
119-21 services to school districts;>
119-22 <(2) invite a panel of distinguished personnel from
119-23 other service centers, public school administrators, and other
119-24 persons deemed appropriate by the service center board to evaluate
119-25 the practices and services provided by the service center; and>
119-26 <(3) be subject to a management and service audit
119-27 conducted by the Central Education Agency.>
120-1 <(h) The Central Education Agency shall conduct an annual
120-2 evaluation of the basic educational services provided by the
120-3 regional centers. The State Board of Education shall review the
120-4 results of the evaluations at least every six years to determine
120-5 the need for the continuance, consolidation, or reorganization of
120-6 the regional centers.>
120-7 <(i) The commissioner of education, with the approval of the
120-8 State Board of Education, may enter into performance contracts with
120-9 regional education service centers for technical assistance and
120-10 other services to school districts in relation to accreditation,
120-11 training, curriculum, implementation of the Public Education
120-12 Information Management System (PEIMS), and other services approved
120-13 by the State Board of Education. The commissioner shall file
120-14 summaries of all approved performance contracts with the Governor's
120-15 Office of Budget and Planning and with the legislative budget
120-16 office. Funding for these performance contracts shall be provided
120-17 by appropriation.>
120-18 <Sec. 11.33. GENERAL POWERS AND DUTIES OF REGIONAL EDUCATION
120-19 SERVICE CENTERS. (a)(1) Regional Education Media Centers shall be
120-20 established and operated by Regional Education Service Centers
120-21 under rules of the State Board of Education in order to furnish
120-22 participating school districts with education media materials,
120-23 equipment and maintenance, and educational services.>
120-24 <(2) Centers approved by the State Board of Education
120-25 as meeting their requirements shall develop, provide, and make
120-26 available to participating school districts education media
120-27 services.>
121-1 <(3) A Regional Education Media Center is an area
121-2 center, composed of one or more Texas school districts, that is
121-3 approved to house, circulate, and service educational media for the
121-4 public schools of the participating districts.>
121-5 <(4) Any school district which is a participant member
121-6 of a Regional Education Media Center may elect to withdraw its
121-7 membership in the center for a succeeding scholastic year, electing
121-8 not to support nor to receive its services for any succeeding year.
121-9 Title to and all educational media and property purchased by the
121-10 center shall remain with and in the center.>
121-11 <(5) The cost incident to setting up the centers,
121-12 their operation, and the purchase of education media supplies and
121-13 equipment shall be borne by the state and each participating
121-14 district to the extent and in the manner provided in this
121-15 subsection.>
121-16 <(6) The state shall allot and pay to each approved
121-17 center annually an amount determined on the basis of not to exceed
121-18 $1, or a greater amount provided by the General Appropriations Act,
121-19 for each scholastic in average daily attendance for the next
121-20 preceding school year in the district or districts that are
121-21 participants in an approved center. The funds or amount provided
121-22 by the state shall be used only to purchase, maintain, and service
121-23 educational media or equipment for the center which have prior
121-24 approval of its Regional Board of Directors and the State Board of
121-25 Education through its budgetary system.>
121-26 <(7) School districts as participant members in the
121-27 center shall provide and pay to the proper center a proportionate
122-1 amount determined on the basis of the average daily student
122-2 attendance for the next preceding school year matching the amount
122-3 provided by the state. The matching funds provided by the
122-4 participant districts, including any donated or other local funds,
122-5 may be used to pay for costs of administration of or servicing by
122-6 the center and to purchase supplemental educational media. A
122-7 center shall not enter into obligations which shall exceed funds
122-8 available or reasonably anticipated as receivable for the current
122-9 school year.>
122-10 <(8) Annually, pursuant to such rules and procedure as
122-11 may be prescribed by the State Board of Education, the governing
122-12 board of each center shall determine the rate per pupil based on
122-13 average daily student attendance the next preceding school year,
122-14 not to exceed the limit prescribed in this subsection, which shall
122-15 constitute the basis for determination of total amount to be
122-16 transmitted by participant districts to the center and as matching
122-17 funds from the state's contribution to this program.>
122-18 <(9) The state's share of the cost in the regional
122-19 media centers program shall be paid from the Foundation School
122-20 Fund, and this cost will be considered by the Foundation Program
122-21 Committee in estimating the funds needed for foundation program
122-22 purposes. Nothing in this subsection shall be construed to
122-23 prohibit a center from receiving and utilizing matching funds in
122-24 any amount for which it may be eligible from federal sources.>
122-25 <(b)(1) A program of financial assistance for computer
122-26 services to school districts of the state through Regional
122-27 Education Service Centers shall be developed by the State Board of
123-1 Education to encourage a planned statewide network or system of
123-2 computer services designed to meet public school educational and
123-3 informational needs. Toward achievement of maximum efficiency and
123-4 to insure a practicable uniformity in services, the State Board of
123-5 Education, by rules and regulations, shall adopt eligibility
123-6 requirements for data processing computer services to receive the
123-7 state financial assistance authorized herein.>
123-8 <(2) Only computer services that are provided by or
123-9 through a Regional Education Service Center to make available
123-10 computer services required to meet the needs of the school
123-11 districts of one or more Education Service Center regions shall be
123-12 eligible for financial assistance hereunder.>
123-13 <(3) The State Board of Education annually shall
123-14 approve a state assistance allotment for computer services to be
123-15 paid to eligible Regional Education Service Centers that qualify,
123-16 and in an amount to be determined under rules and regulations
123-17 adopted by the State Board of Education for that purpose; provided
123-18 that the allotment amounts here authorized to be granted by the
123-19 State Board of Education shall not exceed in any year a sum equal
123-20 to $1, or a greater amount provided by the General Appropriations
123-21 Act, multiplied by the average daily attendance in the public
123-22 schools of Texas as determined for the next preceding school year.>
123-23 <(4) The state's share of the cost of this program
123-24 authorized by this subsection shall be paid from the Foundation
123-25 School Fund, and this cost shall be considered by the Foundation
123-26 School Fund Budget Committee in estimating the funds needed for
123-27 Foundation School Program purposes.>
124-1 <(c)(1) The State Board of Education shall promulgate rules,
124-2 in compliance with the approved statewide design for special
124-3 education, to provide for a plan for the coordination of services
124-4 to children with disabilities within each geographical area served
124-5 by a Regional Education Service Center. Regional Education Service
124-6 Centers, under the procedures set forth in this plan, may provide
124-7 supplementary or technical assistance to school districts for:>
124-8 <(A) identification of existing public or
124-9 private educational and related services for children with
124-10 disabilities in each region;>
124-11 <(B) identification and referral of children
124-12 with disabilities who cannot be appropriately served by the school
124-13 district in which they reside to other appropriate programs;>
124-14 <(C) assistance to school districts individually
124-15 and cooperatively to develop programs to identify and provide
124-16 appropriate services for children with disabilities;>
124-17 <(D) expansion and coordination of services
124-18 provided by Regional Education Service Centers which are related to
124-19 programs for children with disabilities; and>
124-20 <(E) provision for special services such as
124-21 special seats, books, instructional media, and other supplemental
124-22 supplies and services required for quality instruction.>
124-23 <(2) The responsibility for carrying out the
124-24 provisions of this subsection rests with the commissioner of
124-25 education, who may allocate funds to regional service centers for
124-26 the provision of support services for the functions described in
124-27 this subsection.>
125-1 <(d) Regional Education Service Centers may provide other
125-2 services to school districts under rules and regulations adopted by
125-3 the State Board of Education.>
125-4 <Sec. 11.34. AUTHORITY TO SERVE ALSO AS THE STATE BOARD FOR
125-5 VOCATIONAL EDUCATION. The State Board of Education is also the
125-6 State Board for Vocational Education. As such it shall have the
125-7 powers and perform the duties assigned in this code and the laws
125-8 relating to the State Board for Vocational Education.>
125-9 <Sec. 11.35. HIGH SCHOOL EQUIVALENCY EXAMINATIONS. (a) The
125-10 State Board of Education shall provide for the administration of
125-11 high school equivalency examinations. A person who does not have a
125-12 high school diploma may take the examination in accordance with the
125-13 rules and regulations promulgated by the board if the person is
125-14 over the age of 17 or:>
125-15 <(1) is 16 years of age or older; and>
125-16 <(2) a public agency providing supervision of the
125-17 person or having custody of the person under a court order
125-18 recommends that the person take the examination.>
125-19 <(b) The board by rule shall fix and require payment of a
125-20 fee as a condition to the issuance of a high school equivalency
125-21 certificate and a copy of the scores of the examinations. The fee
125-22 must be reasonable and designed to cover the administrative costs
125-23 of issuing the certificate and a copy of the scores. The board may
125-24 not require a waiting period between the date a person withdraws
125-25 from school and the date the person takes the examination unless
125-26 the period relates to the time between administrations of the
125-27 examination.>
126-1 <Sec. 11.351. EQUIVALENCY EXAMINATION PILOT PROGRAM.
126-2 (a) The Central Education Agency shall develop a pilot program to
126-3 prepare certain students who are at risk of dropping out of school
126-4 to take a high school equivalency examination.>
126-5 <(b) A school district shall participate in the program if
126-6 requested to do so by the Central Education Agency. The agency
126-7 shall request the participation of each district that has a dropout
126-8 rate in the top 25 percent of all districts and has at least 20
126-9 dropouts annually. The commissioner, on request of a district, may
126-10 waive the requirement for a district's participation for one year
126-11 if the district would be unable to effectively participate in the
126-12 program. Other school districts may participate in the pilot
126-13 program on the approval of the Central Education Agency. Each
126-14 district in the program shall offer preparatory classes for the
126-15 high school equivalency examination to students who are eligible
126-16 for the program. The classes shall not be isolated from other
126-17 academic and vocational programs of the school district. The
126-18 district shall inform those students of the locations and times at
126-19 which the students may take a high school equivalency examination.>
126-20 <(c) A student may participate in the program if:>
126-21 <(1) the student is 16 years of age or older at the
126-22 beginning of the school year or semester;>
126-23 <(2) the student and the student's parents or
126-24 guardians agree to the student's participation;>
126-25 <(3) there is not a reasonable expectation that the
126-26 student will graduate on schedule;>
126-27 <(4) there is a reasonable expectation that on
127-1 completion of the program the student will be able to pass the high
127-2 school equivalency examination; and>
127-3 <(5) any other conditions specified by the State Board
127-4 of Education are satisfied.>
127-5 <(d) The State Board of Education shall adopt rules to
127-6 ensure that students are not encouraged to participate in this
127-7 program solely as a means of diverting students with discipline
127-8 problems or poor academic performance into the program as an
127-9 alternative to regular school graduation.>
127-10 <(e) The Central Education Agency shall request permission
127-11 from the General Educational Development Testing Service to
127-12 administer the service's high school equivalency examination to
127-13 enrolled high school students who participate in the pilot
127-14 program.>
127-15 Sec. 7.063 <11.907>. PUBLIC INTEREST INFORMATION;
127-16 COMPLAINTS. (a) The board shall prepare information of public
127-17 interest describing the functions of the board and the <board's>
127-18 procedures by which complaints are filed with and resolved by the
127-19 board. The board shall make the information available to the
127-20 public and each appropriate state agency <agencies>.
127-21 (b) The board by rule shall establish a method <methods> by
127-22 which consumers and service recipients are notified of the board's
127-23 name, mailing address, and telephone number <of the board> for the
127-24 purpose of directing complaints to the board. <The board shall
127-25 provide for that notification:>
127-26 <(1) on each registration form, application, or
127-27 written contract for services of an individual or entity regulated
128-1 under this title; and>
128-2 <(2) on a sign prominently displayed in the place of
128-3 business of each individual or entity regulated under this title,
128-4 including in each public school.>
128-5 (c) <If a written complaint is filed with the board that the
128-6 board has authority to resolve, the board, at least quarterly and
128-7 until final disposition of the complaint, shall notify the parties
128-8 to the complaint of the status of the complaint unless the notice
128-9 would jeopardize an undercover investigation.>
128-10 <(d)> The board shall keep an information file about each
128-11 written complaint filed with the board that the board has authority
128-12 to resolve.
128-13 Sec. 7.064 <11.908>. PUBLIC TESTIMONY. The board shall
128-14 develop and implement policies that provide the public with a
128-15 reasonable opportunity to appear before the board and to speak on
128-16 any issue under the jurisdiction of the board.
128-17 Sec. 7.065 <11.909>. PROGRAM ACCESS. The board shall
128-18 prepare and maintain a written plan for the provision of access to
128-19 the board's programs to a person who does not speak English or who
128-20 has a physical, mental, or developmental disability.
128-21 Sec. 7.066 <11.910>. INTERNAL AUDIT. (a) The commissioner
128-22 shall appoint an agency auditor. The appointment is subject to the
128-23 approval of the board.
128-24 (b) The board by rule shall require the auditor to report to
128-25 the board under circumstances specified in the rule. Except as
128-26 provided by that rule, the auditor shall report to the
128-27 commissioner.
129-1 (c) The board shall appoint an appropriate committee of the
129-2 board to meet at least annually <quarterly> with the auditor.
129-3 (d) The auditor shall coordinate the agency's efforts to
129-4 evaluate and improve its internal management information. The
129-5 state auditor shall review the quality and effectiveness of the
129-6 agency's process for developing internal management information.
129-7 (Sections 7.067-7.100 reserved for expansion
129-8 SUBCHAPTER C. COMMISSIONER OF EDUCATION
129-9 <THE STATE BOARD OF VOCATIONAL EDUCATION>
129-10 <Sec. 11.41. COMPOSITION AND EXECUTIVE OFFICER. (a) The
129-11 State Board of Vocational Education is a unit of the Central
129-12 Education Agency and is composed of those persons who are members
129-13 of the State Board of Education as set forth in Section 11.22 of
129-14 this code.>
129-15 <(b) The state commissioner of education shall be the
129-16 executive officer through whom the state board for vocational
129-17 education shall carry out its policies and enforce its rules and
129-18 regulations.>
129-19 <Sec. 11.42. VOCATIONAL REHABILITATION DIVISION OF THE
129-20 CENTRAL AGENCY. (a) The vocational rehabilitation division of the
129-21 Central Education Agency is designated and authorized to provide
129-22 for the rehabilitation of severely physically disabled Texas
129-23 citizens, except those who are visually handicapped as defined by
129-24 laws relating to the Texas Commission for the Blind; provided that
129-25 nothing herein contained shall affect or repeal the crippled
129-26 children's restoration service authorized by Chapter 35, Health and
129-27 Safety Code, administered by the crippled children's division of
130-1 the State Department of Health, so far as that authority is
130-2 consistent with laws relating to the Texas Commission for the
130-3 Blind.>
130-4 <(b) Other functions and duties now or hereafter assigned to
130-5 the supervision of the State Board for Vocational Education shall
130-6 be carried out by appropriate divisions in the State Department of
130-7 Education.>
130-8 <SUBCHAPTER D. STATE COMMISSIONER OF EDUCATION>
130-9 Sec. 7.101 <11.51>. Selection and Qualifications. (a) The
130-10 board <State Board of Education> shall recommend to the governor a
130-11 person to be named commissioner of education. The governor shall
130-12 either reject the recommendation or appoint the person as
130-13 commissioner <of education>. The appointment requires the advice
130-14 and consent of the senate. If the governor rejects the
130-15 recommendation, the board shall submit further recommendations
130-16 until one is appointed by the governor and confirmed by the senate.
130-17 (b) The commissioner <of education> serves a term of office
130-18 of four years expiring on March 1 of the appropriate odd-numbered
130-19 year. The governor, with the advice and consent of the senate, may
130-20 remove the commissioner <of education> on the petition of
130-21 two-thirds of the membership of the board <State Board of
130-22 Education> or <may remove> for good cause. The commissioner <of
130-23 education> may serve consecutive terms.
130-24 (c) The commissioner <of education> shall be a person of
130-25 broad and professional educational experience, with special and
130-26 recognized abilities of the highest order in organization,
130-27 direction, and coordination of education systems and programs, and
131-1 in administration and management of public schools and public
131-2 education generally. The commissioner must <of education shall> be
131-3 a citizen of the United States.
131-4 (d) The commissioner shall execute an official bond in a sum
131-5 not to exceed $50,000, conditioned on the faithful performance of
131-6 the commissioner's duties as required by state law <the laws of
131-7 Texas>, and pursuant to <the provisions of> Chapter 653, Government
131-8 Code <383, Acts of the 56th Legislature, Regular Session, 1959
131-9 (Article 6003b, Vernon's Texas Civil Statutes)>.
131-10 Sec. 7.102 <11.52>. Powers and Duties. (a) The
131-11 commissioner <of education> shall serve as executive officer of the
131-12 agency <Central Education Agency> and as executive secretary of the
131-13 board <State Board of Education> and of the State Board for Career
131-14 and Technical <Vocational> Education. The commissioner shall
131-15 perform the statutory duties of the commissioner and enforce the
131-16 rules of the board and the State Board for Career and Technical
131-17 Education within the specific constitutional or statutory authority
131-18 of each board.
131-19 (b) The commissioner is <of education shall be> responsible
131-20 for promoting efficiency and improvement in the public school
131-21 system of the state and has <shall have> the powers necessary to
131-22 carry out the duties and responsibilities placed on the
131-23 commissioner <upon him> by the legislature and by the board <State
131-24 Board of Education>.
131-25 (c) The commissioner <of education> shall recommend to the
131-26 board <State Board of Education such> policies and<,> rules that
131-27 are within the board's specific constitutional or statutory
132-1 authority and that the commissioner<, and regulations as he>
132-2 considers necessary to promote educational progress. The
132-3 commissioner <and> shall supply the State Board of Education with
132-4 all necessary or pertinent information to guide it in its
132-5 deliberations.
132-6 (d) <The commissioner of education shall prescribe uniform
132-7 systems of forms, reports, and records necessary to secure needed
132-8 information from county school officers and local school districts.>
132-9 <(e) The commissioner of education shall require of county
132-10 judges, county and district school superintendents, county and
132-11 school district treasurers or depositories, and other school
132-12 officers and teachers such school reports relating to school funds
132-13 and other school affairs as he may deem proper for collecting
132-14 information and advancing the interests of the public schools. He
132-15 shall furnish the necessary blanks, forms, and instructions for
132-16 this purpose.>
132-17 <(f) The commissioner of education may delegate ministerial
132-18 and executive functions to members of the State Department of
132-19 Education and may employ division heads and all other employees and
132-20 clerks to perform the duties of the Central Education Agency as may
132-21 be authorized by appropriations therefor.>
132-22 <(g) The commissioner of education shall issue teaching
132-23 certificates to public school teachers and administrators in
132-24 compliance with the provisions of Chapter 13 of this code.>
132-25 <(h) The commissioner of education is authorized to issue
132-26 vouchers for the expenditures of the Central Education Agency
132-27 according to the rules and regulations prescribed by the State
133-1 Board of Education.>
133-2 <(i) The commissioner of education shall examine and approve
133-3 all accounts to be paid out of the school funds by the state
133-4 treasurer, and upon such approval, the comptroller of public
133-5 accounts shall be authorized to draw his warrant.>
133-6 <(j)> The commissioner <of education> shall observe and
133-7 execute the mandates, prohibitions, and regulations established by
133-8 law or by the board <State Board of Education> in accordance with
133-9 its specific constitutional or statutory authority <law>.
133-10 (e) <(k) The commissioner of education shall have a manual
133-11 published at least once every two years that contains the text of
133-12 this code and an appendix of all other state laws relating to
133-13 education. The State Board of Education shall determine the
133-14 distribution of the manual.>
133-15 <(l)> The commissioner <of education shall advise and
133-16 counsel the school officers of the counties, cities, towns, and
133-17 school districts on the best methods of conducting the public
133-18 schools. He> may issue advisory instructions and opinions
133-19 regarding rules adopted by the commissioner or the board <and
133-20 regulations which shall be binding for observance on all officers
133-21 and teachers>.
133-22 (f) <(m)> The commissioner shall review <inform himself
133-23 about> the educational progress of the different parts of this
133-24 state and of other states. To the extent the commissioner is
133-25 <Insofar as he may be> able, the commissioner <he> shall visit
133-26 different sections of this state, address teachers' institutes,
133-27 associations, and other educational gatherings, <instruct
134-1 teachers,> and promote all aspects of education. The legislature
134-2 shall make adequate appropriation for the commissioner's necessary
134-3 travel expenses, or those of the commissioner's <his>
134-4 representative, when in service of the state.
134-5 (g) <(n)> The commissioner shall prescribe a uniform system
134-6 of forms, reports, and records necessary to secure needed
134-7 information from county school officers, school districts, and any
134-8 entity that receives a grant or contract from the agency or board<,
134-9 one month before the meeting of each regular session of the
134-10 legislature, and 10 days prior to any special session thereof, at
134-11 which, under the governor's proclamation convening the same, any
134-12 legislation may be had respecting the public schools, make a full
134-13 report to the State Board of Education on the condition of all the
134-14 public schools>.
134-15 (h) Unless otherwise specifically provided by statute, a
134-16 rule adopted by the commissioner does not take effect until the
134-17 beginning of the school year that begins at least 90 days after the
134-18 date the rule would take effect under the generally applicable
134-19 effective date prescribed by Section 2001.036(a), Government Code.
134-20 <This report shall>
134-21 <(1) give all the information called for by the board
134-22 and such other matters as the commissioner shall deem important;
134-23 and>
134-24 <(2) be presented by the governor to the legislature,
134-25 and 2,000 copies of it shall be printed in pamphlet form for use of
134-26 the legislature and for distribution to the various school officers
134-27 and libraries in this state and in other states and territories of
135-1 the United States and Canada, and to the United States Office of
135-2 Education in Washington.>
135-3 <(o) The commissioner of education may administer to a
135-4 person who is elected or appointed to an office that has specific
135-5 duties related to public education any oath of office that the
135-6 person is required to take under Article XVI, Section 1, of the
135-7 Texas Constitution or other state law.>
135-8 <(p) The commissioner of education shall adopt rules
135-9 governing the relationship between a school district and an outside
135-10 counselor to whom a student may be referred for care or treatment
135-11 of an emotional, psychological, or chemical dependency condition,
135-12 including rules that:>
135-13 <(1) require the school district and the outside
135-14 counselor to disclose to the student and the parent, managing
135-15 conservator, or guardian of the student the relationship between
135-16 the district and the outside counselor to whom the student is
135-17 referred for care or treatment;>
135-18 <(2) require the school to inform the student and the
135-19 parent, managing conservator, or guardian of the student, as
135-20 appropriate, of any public and private alternative sources of care
135-21 or treatment reasonably available in the area;>
135-22 <(3) require the approval of appropriate school
135-23 district personnel before the counselor refers a student for care
135-24 or treatment or suggests to or advises a student that a referral is
135-25 warranted; and>
135-26 <(4) specifically prohibit the disclosure of student
135-27 records if the disclosure violates state or federal law.>
136-1 <(q) The commissioner of education shall adopt rules that
136-2 specify procedures to be followed in an emergency or crisis
136-3 situation in which a district may request counseling services from
136-4 a private treatment facility.>
136-5 Sec. 7.103. FINANCIAL POWERS AND DUTIES. (a) Each year the
136-6 commissioner shall adopt a budget for operating the agency and the
136-7 Foundation School Program and any other program for which the board
136-8 is responsible. The budget:
136-9 (1) may not exceed the amount, including
136-10 appropriations, available for the agency and the programs;
136-11 (2) must allocate funds for the administration and
136-12 operation of the agency and any other necessary expenses; and
136-13 (3) must designate any expense that may be paid from:
136-14 (A) the foundation school fund or another state
136-15 fund, including the general revenue fund or a special fund;
136-16 (B) fees collected;
136-17 (C) federal funds; or
136-18 (D) interagency contracts.
136-19 (b) In computing the cost of the Foundation School Program,
136-20 the commissioner shall include the operating expenses of the agency
136-21 attributable to the agency's operation of the program.
136-22 (c) Before adopting a budget, the commissioner must:
136-23 (1) submit the budget to the board for review and
136-24 consider any comments from the board; and
136-25 (2) present the budget to the governor's office of
136-26 budget and planning and the Legislative Budget Board.
136-27 (d) The commissioner shall provide appropriate information
137-1 on proposed budget expenditures to the comptroller to ensure that
137-2 payments are paid from the appropriate funds in a timely and
137-3 efficient manner.
137-4 (e) The commissioner may issue vouchers for the expenditures
137-5 of the agency according to the rules adopted by the board.
137-6 (f) The commissioner shall examine and approve all accounts
137-7 to be paid out of the school funds by the state treasurer, and on
137-8 approval, the comptroller may draw a warrant.
137-9 Sec. 7.104 <11.273>. WAIVERS AND EXEMPTIONS. (a) Except as
137-10 provided under Subsection (e) <of this section>, a school campus or
137-11 district may apply to the commissioner <of education> for a waiver
137-12 of a requirement or prohibition imposed by this code <law> or rule
137-13 of the board or commissioner that the campus or district determines
137-14 inhibits student achievement.
137-15 (b) An application under this section must include a written
137-16 plan approved by the board of trustees of the school <developed by
137-17 the campus principal or district superintendent, as appropriate,
137-18 and faculty of the campus or> district that states the achievement
137-19 objectives of the campus or district and the inhibition imposed on
137-20 those objectives by the requirement or prohibition <and shall be
137-21 approved by the district's board of trustees>. An application on
137-22 behalf of a campus must be approved by the campus's site-based
137-23 decision making committee under Section 12.202. An application for
137-24 a district-wide waiver must be approved through the district-level
137-25 decision making process under Section 12.201.
137-26 (c) The commissioner may grant a waiver under this section
137-27 for a period not to exceed three years. A prohibition on conduct
138-1 that constitutes a criminal offense may not be waived.
138-2 (d) A school campus or district for which a requirement or
138-3 prohibition is waived under this section for a period of three
138-4 years may receive an exemption from that requirement or prohibition
138-5 at the end of that period if the campus or district has fulfilled
138-6 the achievement objectives submitted to the commissioner under
138-7 Subsection (b) <of this section>. The exemption remains in effect
138-8 until the commissioner determines that achievement levels of the
138-9 campus or district have declined.
138-10 (e) A school campus or district may not receive an exemption
138-11 or waiver under this section from requirements imposed by federal
138-12 law or rule, including requirements for special education or
138-13 bilingual education programs. Except as provided by Subsection (f)
138-14 <(h)>, a school campus or district may not receive an exemption or
138-15 waiver under this section from a requirement, restriction, or
138-16 prohibition imposed by state law or rule relating to:
138-17 (1) the core curriculum, required curriculum, or high
138-18 school graduation curriculum under Section 28.001 <essential
138-19 elements, excluding the methodology used by a teacher and the time
138-20 spent by a teacher or a student on a particular task or subject>;
138-21 (2) public school accountability as provided by
138-22 Subchapter B, Chapter 39;
138-23 (3) <restrictions on> extracurricular activities under
138-24 Section 33.081;
138-25 <(3) health and safety;>
138-26 (4) <competitive bidding;>
138-27 <(5)> elementary school class size limits, except as
139-1 provided by Section 25.112 <16.054>;
139-2 (5) <(6) minimum graduation requirements;>
139-3 <(7)> removal of a disruptive student from the
139-4 classroom under Subchapter A, Chapter 37;
139-5 (6) special education programs under Subchapter A,
139-6 Chapter 29;
139-7 (7) bilingual education programs under Subchapter B,
139-8 Chapter 29;
139-9 (8) <suspension or expulsion of a student;>
139-10 <(9)> at risk programs under Subchapter C, Chapter 29;
139-11 (9) <(10)> prekindergarten programs under Subchapter
139-12 E, Chapter 29;
139-13 (10) educator <(11) educational employee and
139-14 educational support employee> rights and benefits under Subchapter
139-15 A, F, G, H, J, K, or L, Chapter 21, or under Subchapter A, Chapter
139-16 22<. In this section, "educational support employee" means a
139-17 full-time or part-time school employee not defined as a "teacher"
139-18 by Section 21.201(1) of this code>; <or>
139-19 (11) educator certification under Section 21.003;
139-20 (12) health and safety under Chapter 38; or
139-21 (13) competitive bidding under Subchapter B, Chapter
139-22 44 <(12) special education or bilingual education programs>.
139-23 (f) <A school district or campus that receives a waiver
139-24 under this section for textbook selection may select for purchase a
139-25 textbook not on a state-adopted multiple list. The textbook shall
139-26 be purchased by the district and shall be used for the same number
139-27 of years for which the textbooks for the subject or course are
140-1 adopted by the State Board of Education. The unit cost of the
140-2 textbooks selected shall not exceed the unit cost of the costliest
140-3 textbook on the multiple list for the subject or course. The
140-4 commissioner of education shall calculate the allowable cost and
140-5 transmit from the state textbook fund that amount to the district
140-6 for purchase of the textbooks. The State Board of Education shall
140-7 adopt rules necessary for the implementation of this subsection.>
140-8 <(g) The commissioner in considering exemptions or waivers
140-9 shall provide as much regulatory relief as is practical and
140-10 reasonable to campuses or districts that are considered high
140-11 performing.>
140-12 <(h)> The commissioner <of education> may grant to a school
140-13 district or campus that is required to develop and implement a
140-14 student achievement improvement plan under Section 39.121 <35.121>
140-15 an exemption or waiver from any law or rule other than:
140-16 (1) a prohibition on conduct that constitutes a
140-17 criminal offense;
140-18 (2) <or> a requirement imposed by federal law or rule;
140-19 or
140-20 (3) <. A school campus or district may not receive an
140-21 exemption or waiver under this section from> a requirement or
140-22 prohibition imposed by state law or rule relating to educator
140-23 <educational employee and educational support employee> rights and
140-24 benefits under Subchapter A, F, G, H, J, K, or L, Chapter 21, or
140-25 under Subchapter A, Chapter 22. <In this section, "educational
140-26 support employee" means a full-time or part-time school employee
140-27 not defined as a "teacher" by Section 21.201(1).>
141-1 Sec. 7.105 <11.13>. Appeals. (a) Except as provided by
141-2 Subsection (e), a <in cases of student disciplinary actions under
141-3 Section 21.301 or 21.3011 of this code, persons having any matter
141-4 of dispute among them arising under the school laws of Texas or
141-5 any> person may appeal in writing to the commissioner if the
141-6 person is aggrieved by:
141-7 (1) the school laws of this state; <Texas> or
141-8 (2) <by> actions or decisions of any board of trustees
141-9 or board of education that violate the school laws of this state.
141-10 (b) Except as provided by Subsection (c), <or board of
141-11 education may appeal in writing to> the commissioner <of education,
141-12 who>, after due notice to the parties interested, shall hold a
141-13 hearing and render a decision without cost to the parties involved.
141-14 This<, but nothing contained in this> section does not <shall>
141-15 deprive any party of any legal remedy.
141-16 (c) In an appeal <(b) Appeals by or on behalf of a student>
141-17 against a <local> school district, <shall be reviewed by> the
141-18 commissioner shall issue a decision based on a review of the record
141-19 developed at the district level <of education> under a substantial
141-20 evidence standard of review.
141-21 (d) <(c)> Any person<, county, or school district> aggrieved
141-22 by any action of the agency <Central Education Agency> or decision
141-23 of the commissioner <of education> may appeal to a district court
141-24 in Travis County, Texas. Appeals shall be made by serving the
141-25 commissioner <of education> with citation issued and served in the
141-26 manner provided by law for civil suits. The petition shall state
141-27 the action or decision from which the appeal is taken. Upon trial
142-1 the court shall determine all issues of law and fact, except as
142-2 provided by Section 33.081(e) <21.920(e) of this code>.
142-3 (e) This section does not apply to:
142-4 (1) a case to which Subchapter J, Chapter 21, applies;
142-5 or
142-6 (2) a student disciplinary action under Chapter 37.
142-7 Sec. 7.106. REPORT TO STATE BOARD OF EDUCATION. The
142-8 commissioner shall, at least 30 days before the first day of each
142-9 regular session of the legislature, and 10 days before the first
142-10 day of any special session at which any legislation affecting the
142-11 public schools may be considered, make a full report to the board
142-12 on the condition of all the public schools.
142-13 Sec. 7.107. APPOINTMENT OF ADVISORY COMMITTEES. (a)
142-14 Subject to confirmation by the board and in accordance with Article
142-15 6252-33, Revised Statutes, the commissioner may appoint any
142-16 advisory committee necessary to advise the commissioner in carrying
142-17 out the duties and mission of the agency. The commissioner shall
142-18 adopt the rules required under Article 6252-33, Revised Statutes,
142-19 and may continue the existence of a committee under Section 8(a) of
142-20 that article.
142-21 (b) Each appointment to an advisory committee shall be made
142-22 without regard to race, creed, sex, religion, or national origin of
142-23 the person appointed.
142-24 Sec. 7.108. PUBLICATION OF SCHOOL LAWS. The commissioner
142-25 shall publish at least once every two years a manual that contains
142-26 the text of this code and an appendix of other state laws relating
142-27 to education. The board shall determine the distribution of the
143-1 manual.
143-2 Sec. 7.109. SUSPENSION OF STRIKING EDUCATORS. The
143-3 commissioner shall suspend any educator who violates Chapter 617,
143-4 Government Code.
143-5 Sec. 7.110 <11.53>. Environmental Education. The
143-6 commissioner may <of education shall foster the development and
143-7 dissemination of educational activities and materials which will
143-8 assist Texas public school students, teachers, and administrators
143-9 in the perception, appreciation, and understanding of environmental
143-10 principles and problems. In order to do so, the commissioner
143-11 shall:>
143-12 <(1) encourage the integration of environmental topics
143-13 into the regular curriculum, where appropriate;>
143-14 <(2) encourage the Central Education Agency to
143-15 coordinate state, federal, and other funding sources to develop and
143-16 disseminate to school districts instructional materials for use in
143-17 environmental education, with special concern given to the
143-18 ecological systems of Texas and the ways human beings depend on and
143-19 interact with the systems;>
143-20 <(3) encourage the Central Education Agency to
143-21 coordinate state, federal, and other available funding sources to
143-22 develop and deliver teacher inservice programs, including summer
143-23 seminars and institutes, on various aspects of environmental
143-24 pollution and conservation;>
143-25 <(4) collect, analyze, evaluate, and disseminate to
143-26 school districts information about environmental curriculum
143-27 materials, validated projects, and other successful programs;>
144-1 <(5)> solicit, receive, and expend funds which may
144-2 become available through federal grants under any national
144-3 environmental education programs or from other public or private
144-4 sources<;>
144-5 <(6) prepare an annual status report on environmental
144-6 education activities and deliver it to the legislature and the
144-7 governor on or before September 1 of each year>.
144-8 (Sections 7.111-7.150 reserved for expansion
144-9 SUBCHAPTER D <E>. TEXAS <THE STATE DEPARTMENT OF>
144-10 EDUCATION AGENCY STAFF
144-11 <Sec. 11.61. COMPOSITION. The State Department of Education
144-12 shall constitute the professional, technical, and clerical staff of
144-13 the Central Education Agency.>
144-14 Sec. 7.151 <11.62>. ORGANIZATION <AND REGULATIONS>. (a)
144-15 The agency staff <State Department of Education> shall be organized
144-16 into a structure <divisions and subdivisions> established by the
144-17 commissioner <of education>.
144-18 (b) The commissioner may delegate ministerial and executive
144-19 functions, within the commissioner's statutory authority, to
144-20 members of the agency staff and may employ division heads and other
144-21 employees and clerks to perform the duties of the agency as
144-22 authorized by the General Appropriations Act <Directors of the
144-23 major divisions of the State Department of Education, and all of
144-24 its other employees, shall be appointed by the commissioner of
144-25 education.>
144-26 <(c) The rules and regulations pertaining to personnel
144-27 administration shall include a comprehensive classification plan,
145-1 including an appropriate title for each position, a description of
145-2 duties and responsibilities, and the minimum requirements of
145-3 training, experience, and other qualifications essential for
145-4 adequate performance of the work. These rules and regulations
145-5 shall likewise provide leave and retirement provisions and
145-6 establish hearing procedures>.
145-7 Sec. 7.152 <11.63>. DUTIES <FUNCTIONS>. (a) The agency
145-8 staff <State Department of Education> shall:
145-9 (1) carry out the mandates, prohibitions, and
145-10 regulations for which it is made responsible whether by statute,
145-11 the State Board of Education, the State Board for Career and
145-12 Technical <Vocational> Education, or the commissioner <of
145-13 education>; and
145-14 (2) engage in research to improve teaching and
145-15 learning <seek to assist local school districts in developing
145-16 effective and improved programs of education through research and
145-17 experimentation, consultation, conferences, and evaluation, but
145-18 shall have no power over local school districts except those
145-19 specifically granted by statute>.
145-20 (b) The agency staff shall perform only functions required
145-21 by state or federal law. The agency staff have only that authority
145-22 over a school district or campus specifically granted by
145-23 constitution or statute or by board rule adopted under a specific
145-24 constitutional provision or statute <The budgets and fiscal reports
145-25 filed with the Central Education Agency shall be reviewed and
145-26 analyzed by the staff of the State Department of Education to
145-27 determine whether or not all legal requirements have been met and
146-1 to collect fiscal data needed in preparing school fiscal reports
146-2 for the governor and legislature. The Central Education Agency may
146-3 drop from the list of accredited schools any school district which
146-4 fails to comply with the laws or the rules and regulations of the
146-5 State Board of Education applicable to preparation and adoption of
146-6 the local budget and/or fiscal accounting system of public school
146-7 districts>.
146-8 <SUBCHAPTER G. AGENCY ADMINISTRATION PROVISIONS>
146-9 Sec. 7.153 <11.902>. Employment Policy Statement. (a) The
146-10 commissioner or the commissioner's designee shall prepare and
146-11 maintain a written policy statement to assure implementation of a
146-12 program of equal employment opportunity under which all personnel
146-13 transactions are made without regard to race, color, disability
146-14 <handicap>, sex, religion, age, or national origin. <The policy
146-15 statement must include:>
146-16 <(1) personnel policies, including policies relating
146-17 to recruitment, evaluation, selection, appointment, training, and
146-18 promotion of personnel;>
146-19 <(2) a comprehensive analysis of the agency work force
146-20 that meets federal and state guidelines;>
146-21 <(3) procedures by which a determination can be made
146-22 of significant underuse in the agency work force of all persons for
146-23 whom federal or state guidelines encourage a more equitable
146-24 balance; and>
146-25 <(4) reasonable methods to appropriately address those
146-26 areas of significant underuse.>
146-27 (b) A policy statement prepared under Subsection (a) <of
147-1 this section> must cover an annual period, be updated at least
147-2 annually, and be filed with the governor's office and the standing
147-3 committees of the senate and house of representatives with primary
147-4 jurisdiction over the public school system.
147-5 <(c) The governor's office shall deliver a biennial report
147-6 to the legislature based on the information received under
147-7 Subsection (b) of this section. The report may be made separately
147-8 or as a part of other biennial reports made to the legislature.>
147-9 <Sec. 11.903. CAREER LADDER PROGRAM. The commissioner or
147-10 the commissioner's designee shall develop an intra-agency career
147-11 ladder program. The program shall require intraagency postings of
147-12 all nonentry level positions concurrently with any public posting.>
147-13 Sec. 7.154 <11.904>. JOB PERFORMANCE EVALUATIONS. The
147-14 commissioner or the commissioner's designee shall develop a system
147-15 of annual performance evaluations. All merit pay for agency
147-16 employees must be based on the system established under this
147-17 section.
147-18 Sec. 7.155 <11.905>. Professional Information for Members
147-19 and Employees. The commissioner <board> shall provide to board
147-20 <its> members and to agency employees, as often as necessary,
147-21 information regarding their qualifications for office or employment
147-22 under this chapter and their responsibilities under applicable laws
147-23 relating to standards of conduct for state officers or employees.
147-24 <Sec. 11.906. DIVISION OF RESPONSIBILITY. The board shall
147-25 develop and implement policies that clearly define the respective
147-26 responsibilities of the board and the staff of the agency.>
147-27 <Sec. 11.911. REPORT TO GOVERNOR, LEGISLATURE. The board
148-1 shall file annually with the governor and the presiding officer of
148-2 each house of the legislature a complete and detailed written
148-3 report accounting for all funds received and disbursed by the board
148-4 during the preceding fiscal year. The annual report must be in the
148-5 form and reported in the time provided by the General
148-6 Appropriations Act.>
148-7 <Sec. 11.912. MINORITY AND FEMALE-OWNED BUSINESS CONTRACTS.
148-8 (a) The agency shall establish policies to encourage minority and
148-9 female-owned small businesses to bid for agency contract and open
148-10 market purchases and to assist those businesses in that bidding.
148-11 The agency shall review the policies periodically to correct any
148-12 deficiencies in the policies.>
148-13 <(b) The agency annually shall determine the number, types,
148-14 and value of contracts awarded to minority and female-owned small
148-15 businesses in the year preceding the determination and the ratio of
148-16 the number and the value of those contracts to the number and the
148-17 value of all contracts awarded by the agency in that year.>
148-18 <(c) The agency shall file the policies established under
148-19 this section with the Texas Department of Commerce and the State
148-20 Purchasing and General Services Commission. The commission shall
148-21 conduct an analysis of the agency's policies and the policies'
148-22 effectiveness and shall report the analysis to the governor,
148-23 lieutenant governor, and speaker of the house of representatives
148-24 not later than December 31 of each even-numbered year.>
148-25 <(d) In this section, "minority or female-owned small
148-26 business" means a business enterprise:>
148-27 <(1) that is an independently owned and operated
149-1 business enterprise, formed for the purpose of making a profit,
149-2 that has fewer than 100 employees or less than $1 million in annual
149-3 gross receipts; and>
149-4 <(2) at least 51 percent of which is owned or
149-5 controlled by one or more socially and economically disadvantaged
149-6 persons who are socially disadvantaged because of their
149-7 identification as members of certain groups, including women, black
149-8 Americans, Mexican-Americans and other Americans of Hispanic
149-9 origin, Asian-Americans, and American Indians.>
149-10 <SUBCHAPTER H. POWERS AND DUTIES RELATED TO ADVISORY COMMITTEES>
149-11 <Sec. 11.950. DEFINITIONS. In this subchapter:>
149-12 <(1) "Advisory committee" means an official or
149-13 unofficial committee, council, commission, task force, or other
149-14 entity in the Central Education Agency that:>
149-15 <(A) is created by or under state or federal
149-16 law; and>
149-17 <(B) has as its primary function advising the
149-18 Central Education Agency.>
149-19 <(2) "Agency" means the Central Education Agency.>
149-20 <Sec. 11.951. COMPOSITION OF ADVISORY COMMITTEES.
149-21 Notwithstanding other law, an advisory committee must be composed
149-22 of a number of members that is reasonable, considering the ability
149-23 of the committee to reach a decision on matters before the
149-24 committee. The composition of the committee must also provide a
149-25 balanced representation between:>
149-26 <(1) educational professionals affected by the agency;
149-27 and>
150-1 <(2) consumers of services provided by the agency.>
150-2 <Sec. 11.952. PRESIDING OFFICER. (a) An advisory committee
150-3 shall select from among its members a presiding officer, unless a
150-4 different procedure for selecting the presiding officer is
150-5 prescribed by other law.>
150-6 <(b) The presiding officer shall preside over the advisory
150-7 committee and report to the commissioner.>
150-8 <Sec. 11.953. REIMBURSEMENT OF MEMBERS' EXPENSES. (a)
150-9 Unless the commissioner adopts rules stating compelling reasons for
150-10 a contrary practice, members serve without compensation, except for
150-11 the reimbursement of their travel expenses as provided for in the
150-12 General Appropriations Act.>
150-13 <(b) The agency must request authority to reimburse the
150-14 expenses of members of the committee through the appropriations or
150-15 budget execution process, as appropriate, if the agency determines
150-16 that the expenses of committee members should be reimbursed. The
150-17 request must:>
150-18 <(1) identify the costs related to the advisory
150-19 committee's existence, including the cost of agency staff time
150-20 spent in support of the committee's activities;>
150-21 <(2) state the reasons the advisory committee should
150-22 continue in existence; and>
150-23 <(3) identify any other advisory committees created to
150-24 advise the agency that should be consolidated or abolished.>
150-25 <Sec. 11.954. AGENCY-DEVELOPED STATEMENT OF PURPOSE;
150-26 REPORTING REQUIREMENTS. The commissioner shall adopt rules that:>
150-27 <(1) state the purpose of the committee; and>
151-1 <(2) describe the task of the committee and the manner
151-2 in which the committee will report to the commissioner.>
151-3 <Sec. 11.955. AGENCY EVALUATION OF COMMITTEE COSTS AND
151-4 EFFECTIVENESS. Under the direction of the commissioner, the agency
151-5 shall annually evaluate:>
151-6 <(1) the committee's work;>
151-7 <(2) the committee's usefulness; and>
151-8 <(3) the costs related to the committee's existence,
151-9 including the cost of agency staff time spent in support of the
151-10 committee's activities.>
151-11 <Sec. 11.956. REPORT TO LEGISLATIVE BUDGET BOARD. The
151-12 agency shall report to the Legislative Budget Board the information
151-13 developed in the evaluation required by Section 11.955 of this
151-14 subchapter. The report shall be filed biennially in connection
151-15 with the agency's request for appropriations.>
151-16 <Sec. 11.957. DURATION OF ADVISORY COMMITTEES. (a) The
151-17 commissioner shall establish by rule a date on which the committee
151-18 will automatically be abolished. The advisory committee may
151-19 continue in existence after that date only if the commissioner
151-20 decides the committee should continue to exist.>
151-21 <(b) An advisory committee is automatically abolished on the
151-22 fourth anniversary of the date of its creation unless the
151-23 commissioner establishes a different date under Subsection (a) of
151-24 this section.>
151-25 <(c) This section does not apply to a federally mandated
151-26 advisory committee that has a specific duration prescribed by
151-27 statute.>
152-1 <Sec. 11.958. REESTABLISHMENT OF ADVISORY COMMITTEES.
152-2 (a) As soon as possible after the effective date of this Act, the
152-3 commissioner must reestablish all federally mandated advisory
152-4 committees abolished by this Act in accordance with federal
152-5 requirements and, where possible, the provisions of this
152-6 subchapter.>
152-7 <(b) The commissioner may reestablish any advisory committee
152-8 provided it is reestablished in accordance with the provisions of
152-9 this subchapter.>
152-10 <SUBCHAPTER F. STATE PROPERTY TAX BOARD>
152-11 <Sec. 11.71. PURPOSE. It is the policy of this state to
152-12 ensure equity among taxpayers in the burden of school district
152-13 taxes and among school districts in the payment of state financial
152-14 aid to schools. The purpose of this subchapter is to promote that
152-15 equity by providing for uniformity in the tax appraisal and
152-16 assessment practices and procedures of school district tax offices,
152-17 for improvement in the administration and operation of school
152-18 district tax offices, and for greater competence among persons
152-19 appraising and assessing school districts' taxes.>
152-20 <Sec. 11.72. COMPTROLLER DEFINED. In this subchapter,
152-21 "comptroller" means the Comptroller of Public Accounts of the State
152-22 of Texas.>
152-23 <Sec. 11.86. DETERMINATION OF SCHOOL DISTRICT PROPERTY
152-24 VALUES. (a) The comptroller shall conduct an annual study using
152-25 comparable sales and generally accepted auditing and sampling
152-26 techniques to determine the total value of all taxable property in
152-27 each school district. The study shall determine the taxable value
153-1 of all property and of each category of property within the
153-2 district and the productivity value of all land that qualifies for
153-3 appraisal on the basis of its productive capacity and for which the
153-4 owner has applied for and received a productivity appraisal. The
153-5 comptroller shall make appropriate adjustments in the study to
153-6 account for actions taken under Chapter 36. In conducting the
153-7 study, the comptroller shall review the appraisal standards,
153-8 procedures, and methodology used by each appraisal district to
153-9 determine the taxable value of property in each school district.
153-10 The review must test the validity of the taxable values assigned to
153-11 each category of property by the appraisal district:>
153-12 <(1) using, if appropriate, samples selected through
153-13 generally accepted sampling techniques; and>
153-14 <(2) according to generally accepted standard
153-15 valuation, statistical compilation, and analysis techniques. If
153-16 the comptroller finds in the annual study that generally accepted
153-17 appraisal standards and practices were used by the appraisal
153-18 district in valuing a particular category of property, and that the
153-19 taxable values assigned to each category of property by the
153-20 appraisal district are valid, the appraisal roll value of that
153-21 category of property is presumed to represent taxable value. In
153-22 the absence of such a presumption, the comptroller shall estimate
153-23 the taxable value of that category of property using generally
153-24 accepted standard valuation, statistical compilation, and analysis
153-25 techniques. For the purposes of this section, "taxable value"
153-26 means market value less:>
153-27 <(1) the total dollar amount of any exemptions
154-1 of part but not all of the value of taxable property required by
154-2 the constitution or a statute that a district lawfully granted in
154-3 the year that is the subject of the study;>
154-4 <(2) the total dollar amount of any abatements
154-5 granted before May 31, 1993, within a reinvestment zone under
154-6 agreements authorized by the Property Redevelopment and Tax
154-7 Abatement Act (Chapter 312, Tax Code);>
154-8 <(3) the total dollar amount of any captured
154-9 appraised value of property that is located in a reinvestment zone
154-10 and that is eligible for tax increment financing under the Tax
154-11 Increment Financing Act (Chapter 311, Tax Code);>
154-12 <(4) the total dollar amount of any exemptions
154-13 granted under Section 11.251, Tax Code;>
154-14 <(5) the difference between the market value and
154-15 the productivity value of land that qualifies for appraisal on the
154-16 basis of its productive capacity, except that the productivity
154-17 value may not exceed the fair market value of the land;>
154-18 <(6) the portion of the appraised value of
154-19 residence homesteads of the elderly on which school district taxes
154-20 are not imposed in the year that is the subject of the study,
154-21 calculated as if the residence homesteads were appraised at the
154-22 full value required by law;>
154-23 <(7) a portion of the market value of property
154-24 not otherwise fully taxable by the district at market value because
154-25 of action required by statute or the Texas Constitution that, if
154-26 the tax rate adopted by the district is applied to it, produces an
154-27 amount equal to the difference between the tax that the district
155-1 would have imposed on the property if the property were fully
155-2 taxable at market value and the tax that the district is actually
155-3 authorized to impose on the property; and>
155-4 <(8) the market value of all tangible personal
155-5 property, other than manufactured homes, owned by a family or
155-6 individual and not held or used for the production of income.>
155-7 <(b) The study shall determine the values as of January 1 of
155-8 each year, beginning January 1, 1985.>
155-9 <(c) The comptroller shall publish preliminary findings,
155-10 listing values by district, before February 1 of the year following
155-11 the year of the study. Preliminary findings shall be delivered to
155-12 each school district and shall be certified to the commissioner of
155-13 education.>
155-14 <(d) On request of the commissioner of education or a
155-15 district, the comptroller shall audit a school district to
155-16 determine the total taxable value of property in the district,
155-17 including the productivity values of land only if the land
155-18 qualifies for appraisal on that basis and the owner of the land has
155-19 applied for and received a productivity appraisal. The comptroller
155-20 shall certify its findings to the commissioner.>
155-21 <(e) A school district or a property owner whose property is
155-22 included in the study and whose tax liability on the property is
155-23 $100,000 or more may protest the comptroller's findings under
155-24 Subsection (c) or (d) of this section within 30 days after the date
155-25 on which the findings are certified to the commissioner by filing a
155-26 petition with the comptroller specifying the grounds for objection
155-27 and the value claimed to be correct by the school district or
156-1 property owner. After receipt of a petition, the comptroller shall
156-2 notify the commissioner of education of the values specified by the
156-3 school district or property owner and shall hold a hearing. The
156-4 comptroller has the burden to prove the accuracy of the findings.
156-5 Until a final decision is made by the comptroller, the taxable
156-6 value of property in the district is determined, with respect to
156-7 property subject to the protest, according to the value claimed by
156-8 the school district or property owner, except that the value to be
156-9 used while a final decision is pending shall not be less than the
156-10 appraisal roll value for the year of the study. If after a hearing
156-11 the comptroller concludes that the findings should be changed, the
156-12 comptroller shall order the appropriate changes and shall certify
156-13 the changes to the commissioner of education. The comptroller
156-14 shall complete all protest hearings and certify all changes as
156-15 necessary to comply with the provisions of Chapter 16 of this code.
156-16 Hearings conducted pursuant to this subsection are not contested
156-17 cases as defined in Subsection (2) of Section 3, Administrative
156-18 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
156-19 Civil Statutes). The comptroller shall adopt procedural rules
156-20 governing the conduct of protest hearings. The rules shall provide
156-21 each protesting school district and property owner with the
156-22 requirements for submitting a petition initiating a protest and
156-23 shall provide each protesting school district and property owner
156-24 with adequate notice of a hearing, an opportunity to present
156-25 evidence and oral argument, and notice of the comptroller's
156-26 decision on the hearing.>
156-27 <(f) A protesting school district may appeal a determination
157-1 of a protest by the comptroller to a district court of Travis
157-2 County by filing a petition with the court. An appeal must be
157-3 filed within 30 days after the date the school district receives
157-4 notification of a final decision on a protest. Review is conducted
157-5 by the court sitting without a jury. The court shall remand the
157-6 determination to the comptroller if on the review the court
157-7 discovers that substantial rights of the school district have been
157-8 prejudiced, and that:>
157-9 <(1) the comptroller has acted arbitrarily and without
157-10 regard to the facts; or>
157-11 <(2) the finding of the comptroller is not reasonably
157-12 supported by substantial evidence introduced before the court.>
157-13 <(g) If in a hearing under Subsection (e) of this section
157-14 the comptroller has not heard the case or read the record, the
157-15 decision may not be made until a proposal for decision is served on
157-16 each party and an opportunity to file exceptions is afforded to
157-17 each party adversely affected. If exceptions are filed, an
157-18 opportunity must be afforded to all other parties to file replies
157-19 to the exceptions. The proposal for decision must contain a
157-20 statement of the reasons for the proposed decision, prepared by the
157-21 person who conducted the hearing or by a person who has read the
157-22 record. The proposal for decision may be amended pursuant to the
157-23 exceptions or replies submitted without again being served on the
157-24 parties. The parties by written stipulation may waive compliance
157-25 with this subsection. The comptroller may adopt rules to implement
157-26 this subsection.>
157-27 <(h) For the purposes of this section, "school district"
158-1 includes a county education district established under Subchapter
158-2 G, Chapter 20, of this code.>
158-3 <Sec. 11.87. CONFIDENTIALITY. (a) All information the
158-4 comptroller obtains from a person, other than a government or
158-5 governmental subdivision or agency, under an assurance that the
158-6 information will be kept confidential, in the course of conducting
158-7 a study of school district values is confidential and may not be
158-8 disclosed except as provided in Subsection (b) of this section.>
158-9 <(b) Information made confidential by this section may be
158-10 disclosed:>
158-11 <(1) in a judicial or administrative proceeding
158-12 pursuant to a lawful subpoena;>
158-13 <(2) to the person who gave the information to the
158-14 comptroller; or>
158-15 <(3) for statistical purposes if in a form that does
158-16 not identify specific property or a specific property owner.>
158-17 CHAPTER 8. REGIONAL EDUCATION SERVICE CENTERS
158-18 SUBCHAPTER A. GENERAL PROVISIONS
158-19 Sec. 8.001. ESTABLISHMENT AND PURPOSE. (a) The State Board
158-20 of Education by rule shall provide for the establishment and
158-21 operation of not more than 20 regional education service centers.
158-22 (b) Regional education service centers shall be located
158-23 throughout the state so that each school district has the
158-24 opportunity to be served by and to participate in an approved
158-25 center on a voluntary basis.
158-26 (c) The primary purpose of regional education service
158-27 centers is to offer to school districts and campuses services that
159-1 focus on improving student achievement and increasing the
159-2 efficiency and effectiveness of school district and campus
159-3 operations.
159-4 (d) Each regional education service center shall develop and
159-5 offer services required under Section 8.051. Any school district
159-6 or campus may purchase those and any other available service from
159-7 any center.
159-8 (e) A regional education service center may not perform a
159-9 regulatory function regarding a school district.
159-10 Sec. 8.002. GOVERNANCE. (a) Each regional education
159-11 service center is governed by a board of directors composed of nine
159-12 members. At least three members of the board must be currently
159-13 employed as campus-level educators, and not more than one of the
159-14 educators may be an administrator. Members serve staggered terms
159-15 of four years.
159-16 (b) The commissioner shall recommend to the State Board of
159-17 Education, for adoption, uniform rules to provide for the local
159-18 selection, appointment, and continuity of membership of regional
159-19 education service center boards of directors. The rules adopted by
159-20 the State Board of Education must provide that:
159-21 (1) campus site-based decision-making committees
159-22 located in a center's region nominate educators to serve on the
159-23 board; and
159-24 (2) unless a center's region contains fewer than 20
159-25 school districts, a school district may not be represented on the
159-26 board:
159-27 (A) by two or more members concurrently; or
160-1 (B) in consecutive four-year terms.
160-2 (c) A vacancy on a regional education service center board
160-3 of directors shall be filled by appointment by the remaining
160-4 members of the board for the unexpired term.
160-5 (d) A member of the board is not entitled to compensation
160-6 but is entitled to reimbursement with center funds for necessary
160-7 expenses incurred in performing duties as a board member.
160-8 (e) Each regional education service center board of
160-9 directors shall develop policies to ensure the sound management and
160-10 operation of the center. The board of directors shall be directly
160-11 involved in the planning and evaluation of programs and activities
160-12 developed and offered to school districts and campuses under
160-13 Section 8.051 or 8.052.
160-14 Sec. 8.003. EXECUTIVE DIRECTOR. On approval by the
160-15 commissioner, the regional education service center board of
160-16 directors may employ an executive director for the center. The
160-17 executive director is the chief executive officer of the regional
160-18 education service center and shall employ personnel as necessary to
160-19 carry out the functions of the center.
160-20 (Sections 8.004-8.050 reserved for expansion
160-21 SUBCHAPTER B. POWERS AND DUTIES
160-22 Sec. 8.051. CORE SERVICES. (a) Each regional education
160-23 service center shall use funds distributed to the center under
160-24 Section 8.121 and funds generated through contractual arrangements
160-25 for developing and maintaining core services for purchase by school
160-26 districts and campuses. The core services are:
160-27 (1) instruction in teaching each subject area assessed
161-1 under Section 39.023;
161-2 (2) instruction in providing each program that
161-3 qualifies for a funding allotment under Section 42.151, 42.152,
161-4 42.153, 42.155, 42.159, or 42.160;
161-5 (3) assistance specifically designed for a school
161-6 district rated academically unacceptable under Section 39.072(a) or
161-7 a campus whose performance is considered unacceptable based on the
161-8 indicators adopted under Section 39.051;
161-9 (4) training and assistance to teachers,
161-10 administrators, members of district boards of trustees, and members
161-11 of site-based decision-making committees; and
161-12 (5) assistance in complying with state laws and rules,
161-13 especially Chapters 39, 41, and 42 and requirements relating to
161-14 data collection and reporting.
161-15 (b) Each regional education service center biennially shall
161-16 evaluate the libraries of school districts in the center's region
161-17 and report the results as required by Section 33.021.
161-18 Sec. 8.052. ADDITIONAL SERVICES. In addition to services a
161-19 regional education service center is required to offer under
161-20 Section 8.051, a center may offer to school districts and campuses:
161-21 (1) training in accelerated instruction and
161-22 instruction of at-risk students, including training in
161-23 implementation of extended-year and alternative education programs;
161-24 (2) assistance in formation of regional, district, and
161-25 campus cooperatives in instructional and noninstructional areas,
161-26 including multi-regional data processing centers and multi-district
161-27 special education, purchasing, transportation, textbook review, and
162-1 staff development cooperatives;
162-2 (3) distribution of education media materials and
162-3 equipment;
162-4 (4) assistance in the effective use of instructional
162-5 technology;
162-6 (5) assistance in establishing and operating school
162-7 volunteer programs; and
162-8 (6) provision of other services requested by a school
162-9 district or campus.
162-10 Sec. 8.053. PLANNING AND REPORTING. Each regional education
162-11 service center shall:
162-12 (1) prepare a quantitative summary, by school district
162-13 and campus, of services delivered under Sections 8.051 and 8.052;
162-14 (2) report audited financial and performance
162-15 information using the uniform system adopted by the commissioner;
162-16 and
162-17 (3) perform any other duty the commissioner determines
162-18 is necessary under Subchapter C.
162-19 (Sections 8.054-8.100 reserved for expansion
162-20 SUBCHAPTER C. EVALUATION AND ACCOUNTABILITY
162-21 Sec. 8.101. DATA REPORTING. The commissioner shall develop
162-22 a uniform system for regional education service centers to report
162-23 audited financial and performance data.
162-24 Sec. 8.102. ANNUAL EVALUATION. The commissioner shall
162-25 conduct an annual evaluation of each executive director and
162-26 regional education service center. Each evaluation must include:
162-27 (1) an audit of the center's finances and management;
163-1 (2) a review of the performance on the academic
163-2 excellence indicators identified in Section 39.051 of each school
163-3 district and campus in the center's region; and
163-4 (3) a review of any other factor the commissioner
163-5 determines to be appropriate.
163-6 Sec. 8.103. SANCTIONS. The commissioner shall recommend to
163-7 the State Board of Education for approval a system of corrective
163-8 actions to require of a regional education service center that the
163-9 commissioner determines to be deficient in an accountability
163-10 measure under Section 8.102. The actions must include, in
163-11 increasing order of severity:
163-12 (1) requiring the center to send notice of each
163-13 deficiency to each school district and campus in the center's
163-14 region or served by the center the previous year;
163-15 (2) requiring the center to prepare for the
163-16 commissioner's approval a plan to address each area of deficiency;
163-17 (3) conducting an on-site investigation of the center;
163-18 (4) appointing a master to oversee the operations of
163-19 the center;
163-20 (5) replacing the executive director or board of
163-21 directors; and
163-22 (6) in the case of deficient performance in two
163-23 consecutive years, closing the center.
163-24 (Sections 8.104-8.120 reserved for expansion
163-25 SUBCHAPTER D. FUNDING
163-26 Sec. 8.121. RESERVATION OF FUNDS. (a) The commissioner
163-27 shall withhold from funds appropriated from the foundation school
164-1 fund:
164-2 (1) for the regional education service centers, for
164-3 offering the core services required under Section 8.051, and for
164-4 acquisition and renovation of facilities for each year of the state
164-5 fiscal biennium ending August 31, 1997, $23,651,996 to be allocated
164-6 among the centers in amounts proportionate to the amount of state
164-7 funding each center received in the 1994-1995 fiscal year; and
164-8 (2) for the commissioner, $1,500,000 for competitive
164-9 grants for innovative regional strategies and programs developed
164-10 and implemented by the centers.
164-11 (b) Each biennium, the commissioner shall report to the
164-12 legislature on the progress of a program receiving a grant under
164-13 Subsection (a)(2).
164-14 (c) The commissioner may not set aside or distribute to the
164-15 regional education service centers state funds, including
164-16 foundation school funds, in addition to funds provided for under
164-17 Subsections (a) and (b), unless otherwise specifically required by
164-18 statute.
164-19 Sec. 8.122. CONTRACTS FOR GRANTS. Each regional education
164-20 service center board of directors, under rules adopted by the State
164-21 Board of Education, may enter into a contract for a grant from a
164-22 public or private organization and may spend grant funds in
164-23 accordance with the terms of the contract.
164-24 (Chapters 9-10 reserved for expansion
164-25 SUBTITLE C. LOCAL ORGANIZATION
164-26 AND GOVERNANCE
164-27 CHAPTER 11. SCHOOL DISTRICT AND SCHOOL CHARTERS
165-1 SUBCHAPTER A. GENERAL PROVISIONS
165-2 Sec. 11.001. CHARTER REQUIRED. A school district may not
165-3 levy a tax, receive state funds, or otherwise operate without a
165-4 charter granted or adopted under this chapter.
165-5 Sec. 11.002. CLASSES OF CHARTER. (a) The classes of
165-6 charter under which a school district may operate are:
165-7 (1) general-law school district charter;
165-8 (2) home-rule school district charter; and
165-9 (3) special-purpose school district charter.
165-10 (b) The State Board of Education may grant a charter for an
165-11 open-enrollment charter school under which the school may operate
165-12 independently of a school district.
165-13 (c) The board of trustees of a school district may grant a
165-14 charter for a school campus or program under which certain powers
165-15 or duties are delegated to the campus or program.
165-16 (Sections 11.003-11.020 reserved for expansion)
165-17 SUBCHAPTER B. GENERAL-LAW SCHOOL DISTRICT CHARTER
165-18 Sec. 11.021. ISSUANCE. The State Board of Education shall
165-19 grant a general-law school district charter to each independent
165-20 school district in this state.
165-21 Sec. 11.022. AUTHORITY UNDER CHARTER. Each general-law
165-22 school district charter shall provide that the school district to
165-23 which it is granted:
165-24 (1) shall comply with this code as it applies to an
165-25 independent school district; and
165-26 (2) has the powers authorized by this code for an
165-27 independent school district.
166-1 Sec. 11.023. PLACEMENT ON PROBATION, ISSUANCE, MODIFICATION,
166-2 OR REVOCATION OF CHARTER. (a) The State Board of Education may
166-3 place on probation or revoke the general-law school district
166-4 charter of a school district that fails to comply with a provision
166-5 of this code applicable to an independent school district. The
166-6 action the board takes shall be based on the best interest of
166-7 district students, the severity of the violation, and any previous
166-8 violation the district has committed.
166-9 (b) If the State Board of Education revokes the general-law
166-10 school district charter of a school district, the commissioner may
166-11 annex the district to one or more adjoining districts in the manner
166-12 provided under Section 13.058.
166-13 (c) To the extent necessary, the State Board of Education
166-14 may issue, modify, or revoke a general-law school district charter
166-15 as necessary to take into account boundary or status changes under
166-16 Chapter 13 or 41.
166-17 Sec. 11.024. PROCEDURE FOR ISSUANCE, MODIFICATION, PLACEMENT
166-18 ON PROBATION, OR REVOCATION. (a) The State Board of Education by
166-19 rule shall adopt a procedure to be used for issuing, modifying,
166-20 placing on probation, or revoking a general-law school district
166-21 charter under Section 11.023.
166-22 (b) The procedure adopted under Subsection (a) must provide
166-23 an opportunity for a hearing to the school district and to parents
166-24 of district students. A hearing under this subsection must be held
166-25 in the district.
166-26 (Sections 11.025-11.050 reserved for expansion)
166-27 SUBCHAPTER C. HOME-RULE SCHOOL DISTRICT CHARTER
167-1 Sec. 11.051. AUTHORIZATION. In accordance with this
167-2 subchapter, a school district may adopt a home-rule school district
167-3 charter under which the district will operate. A home-rule school
167-4 district retains the authority to operate under the home-rule
167-5 school district charter only if district students perform
167-6 satisfactorily as provided by the charter in accordance with
167-7 Section 11.056.
167-8 Sec. 11.052. APPLICABILITY OF LAWS AND RULES TO HOME-RULE
167-9 SCHOOL DISTRICT. A home-rule school district is subject to federal
167-10 and state laws and rules governing school districts, except that a
167-11 home-rule school district is subject to this code and rules adopted
167-12 under this code only to the extent the applicability to a home-rule
167-13 school district of a provision of this code or a rule adopted under
167-14 this code is specifically provided.
167-15 Sec. 11.053. APPLICABILITY OF TITLE. (a) A home-rule
167-16 school district has the powers granted to school districts under
167-17 this title, including taxing authority.
167-18 (b) A home-rule school district is subject to:
167-19 (1) a provision of this title establishing a criminal
167-20 offense; and
167-21 (2) a prohibition, restriction, or requirement, as
167-22 applicable, imposed by this title or a rule adopted under this
167-23 title relating to:
167-24 (A) the core curriculum, required curriculum, or
167-25 high school graduation curriculum under Section 28.001;
167-26 (B) public school accountability under
167-27 Subchapter B, E, or F, Chapter 39;
168-1 (C) extracurricular activities under Section
168-2 33.081;
168-3 (D) elementary school class-size limits, except
168-4 as provided by Section 25.112;
168-5 (E) removal of a disruptive student from the
168-6 classroom under Subchapter A, Chapter 37;
168-7 (F) special education programs, as required by
168-8 federal law;
168-9 (G) bilingual education programs, as required by
168-10 federal law;
168-11 (H) prekindergarten programs under Subchapter E,
168-12 Chapter 29;
168-13 (I) educator rights, benefits, and duties under
168-14 Subchapter A, B, F, G, H, J, K, or L, Chapter 21, or Subchapter A,
168-15 Chapter 22;
168-16 (J) educator certification under Section 21.003;
168-17 (K) the Public Education Information Management
168-18 System (PEIMS);
168-19 (L) health and safety under Chapter 38;
168-20 (M) competitive bidding under Subchapter B,
168-21 Chapter 44;
168-22 (N) computation and distribution of state aid
168-23 under Chapter 31, 32, or 42;
168-24 (O) a bond or other obligation or tax rate under
168-25 Chapter 42, 43, or 45;
168-26 (P) equalized wealth under Chapter 41;
168-27 (Q) creation, consolidation, or abolition of a
169-1 school district under Chapter 13;
169-2 (R) limitations on liability; or
169-3 (S) criminal history records under Subchapter C,
169-4 Chapter 22.
169-5 (c) For purposes of student admissions under Section 25.001,
169-6 student attendance under Sections 25.085-25.088, student transfers
169-7 under Subchapter B, Chapter 25, the Teacher Retirement System of
169-8 Texas, and safety provisions relating to the transportation of
169-9 students, a home-rule school district has the same duties and
169-10 entitlements as a school district operating under a general-law
169-11 state charter.
169-12 Sec. 11.054. ELECTION AUTHORIZING CHARTER COMMISSION. (a)
169-13 The board of trustees of a school district shall order an election
169-14 under this section if:
169-15 (1) the board receives a petition requesting the
169-16 election signed by at least 10 percent of the registered voters of
169-17 the district; or
169-18 (2) at least two-thirds of the total membership of the
169-19 board adopt a resolution ordering the election.
169-20 (b) An election under this section shall be held on the
169-21 first uniform election date that occurs at least 45 days after the
169-22 date on which the board of trustees orders the election.
169-23 (c) The ballot shall be printed to permit voting for or
169-24 against the proposition: "Whether a commission shall be appointed
169-25 to frame a home-rule school district charter under which the
169-26 _______ (name of school district) School District will be governed
169-27 and under which only certain school laws and rules will apply to
170-1 the district."
170-2 (d) If a majority of the qualified voters voting at the
170-3 election vote in favor of the proposition, the board of trustees
170-4 shall appoint a charter commission as provided by this subchapter.
170-5 Sec. 11.055. CHARTER COMMISSION. (a) Not later than the
170-6 30th day after the date of an election at which voters authorize
170-7 the appointment of a charter commission, the board of trustees of
170-8 the school district shall appoint 15 residents of the district to
170-9 serve on the commission to frame a charter for the district.
170-10 (b) At least seven of the members appointed to the
170-11 commission must be educators employed by the district. A majority
170-12 of the educators appointed to the commission must be classroom
170-13 teachers. At least two of the other members appointed to the
170-14 commission must be, at the time of appointment, parents or
170-15 guardians of district students.
170-16 (c) The charter commission must complete a proposed charter
170-17 not later than the first anniversary of the date of its
170-18 appointment. After that date, the commission expires and the
170-19 election held under Section 11.054 is void.
170-20 Sec. 11.056. CONTENT. Each home-rule school district
170-21 charter must:
170-22 (1) describe the educational program to be offered,
170-23 which must include the core and required curricula as provided by
170-24 Section 28.001;
170-25 (2) provide that continuation of the home-rule school
170-26 district charter is contingent on acceptable student performance on
170-27 assessment instruments adopted under Subchapter B, Chapter 39, and
171-1 on compliance with any accountability provision specified by the
171-2 charter, by a deadline or at intervals specified by the charter;
171-3 (3) specify a level of student performance, at least
171-4 as stringent as the level of performance required under Chapter 39,
171-5 that is considered acceptable for purposes of Subdivision (2);
171-6 (4) specify any basis, in addition to a basis
171-7 specified by this subchapter, on which the charter may be placed on
171-8 probation, suspended, or revoked;
171-9 (5) describe the governing structure of the district
171-10 and campuses;
171-11 (6) describe the process by which the district will
171-12 adopt an annual budget; and
171-13 (7) describe the manner in which an annual audit of
171-14 financial and programmatic operations of the district is to be
171-15 conducted, including the manner in which the district will provide
171-16 information necessary for the district to participate in the Public
171-17 Education Information Management System (PEIMS).
171-18 Sec. 11.057. COMMISSIONER REVIEW. (a) Before a proposed
171-19 home-rule school district charter is submitted to the voters, the
171-20 commissioner shall review the proposed charter for compliance with
171-21 this subchapter.
171-22 (b) As soon as practicable, the commissioner shall approve
171-23 the charter as proposed or with modifications necessary for the
171-24 proposed charter to comply with this subchapter.
171-25 Sec. 11.058. CHARTER ELECTION. (a) As soon as practicable
171-26 after the commissioner approves a proposed home-rule school
171-27 district charter, the board of trustees of the district shall order
172-1 an election on the proposed charter.
172-2 (b) The proposed charter shall be submitted to the voters of
172-3 the district at an election to be held on the first uniform
172-4 election date that occurs at least 45 days after the date on which
172-5 the board of trustees orders the election.
172-6 (c) At least three copies of the proposed charter must be
172-7 available in the office of each school campus in the district and
172-8 at the district's central administrative office between the date of
172-9 the election order and election day. Notice of the election must
172-10 include a statement informing voters that the copies are available.
172-11 Sec. 11.059. CHARTER AMENDMENT. (a) The board of trustees
172-12 of a home-rule school district on its own motion may order an
172-13 election on a proposed charter amendment that complies with this
172-14 subchapter.
172-15 (b) The board of trustees shall order an election on a
172-16 proposed charter amendment that complies with this subchapter if a
172-17 petition submitted to the board proposing the charter amendment is
172-18 signed by at least five percent of the registered voters of the
172-19 district.
172-20 (c) Before a proposed charter amendment is submitted to the
172-21 voters, the commissioner shall review the amendment for compliance
172-22 with this subchapter. As soon as practicable, the commissioner
172-23 shall approve the amendment as proposed or with modifications
172-24 necessary for the amendment to comply with this subchapter.
172-25 (d) An election under this section shall be held on the
172-26 first uniform election date that occurs at least 45 days after the
172-27 date on which the commissioner approves the charter amendment.
173-1 (e) Notice of the election must include a substantial copy
173-2 of the proposed charter amendment.
173-3 (f) A charter amendment may not contain more than one
173-4 subject.
173-5 (g) The ballot shall be prepared so that a voter may approve
173-6 or disapprove any one or more charter amendments without having to
173-7 approve or disapprove all of the charter amendments.
173-8 (h) The board of trustees may not order an election on a
173-9 proposed charter amendment earlier than the first anniversary of
173-10 the date of any previous election to amend the charter.
173-11 Sec. 11.060. ADOPTION OF CHARTER OR CHARTER AMENDMENT. (a)
173-12 A proposed home-rule school district charter or a proposed charter
173-13 amendment is adopted if approved by a majority of the qualified
173-14 voters of the district voting at an election held for that purpose.
173-15 (b) A charter or charter amendment must specify an effective
173-16 date and takes effect according to its terms when the board of
173-17 trustees of the school district enters an order declaring that the
173-18 charter or charter amendment is adopted. The board shall enter an
173-19 order not later than the 10th day after the date the canvass of the
173-20 election returns is completed.
173-21 (c) As soon as practicable after a school district adopts a
173-22 home-rule school district charter or charter amendment, the board
173-23 of trustees shall notify the commissioner and provide the
173-24 commissioner with a copy of the charter or charter amendment.
173-25 Sec. 11.061. CERTIFICATION OF CHARTER OR CHARTER AMENDMENT.
173-26 (a) As soon as practicable after a school district adopts a
173-27 home-rule school district charter or charter amendment, the
174-1 president of the board of trustees shall certify to the secretary
174-2 of state a copy of the charter or amendment showing the approval by
174-3 the voters of the district.
174-4 (b) The secretary of state shall file and record the
174-5 certification in the secretary of state's office.
174-6 Sec. 11.062. EFFECT OF RECORDING CHARTER OR AMENDMENT. A
174-7 recorded charter or charter amendment is a public act. A court
174-8 shall take judicial notice of a charter or charter amendment and
174-9 proof is not required of its provisions.
174-10 Sec. 11.063. GOVERNANCE. (a) A home-rule school district
174-11 may adopt and operate under any governing structure.
174-12 (b) The district may:
174-13 (1) create offices;
174-14 (2) determine the time and method for selecting
174-15 officers; and
174-16 (3) prescribe the qualifications and duties of
174-17 officers.
174-18 (c) The term of any officer of the district is determined
174-19 under Sections 12.014-12.018.
174-20 Sec. 11.064. CHANGE IN GOVERNING BODY. If the adoption,
174-21 amendment, or revocation of a charter under this subchapter changes
174-22 the structure of the governing body of the school district, the
174-23 members of the governing body serving on the date the adoption,
174-24 amendment, or revocation takes effect continue in office until
174-25 their successors are chosen and have qualified for office.
174-26 Sec. 11.065. BASIS FOR PLACEMENT ON PROBATION, SUSPENSION,
174-27 OR REVOCATION OF CHARTER. (a) The State Board of Education may
175-1 place on probation, suspend, or revoke the home-rule school
175-2 district charter of a district if the board determines that the
175-3 district:
175-4 (1) committed a material violation of the charter;
175-5 (2) failed to satisfy generally accepted accounting
175-6 standards of fiscal management; or
175-7 (3) failed to comply with this subchapter or another
175-8 applicable state or federal law or rule.
175-9 (b) The action the board takes under Subsection (a) shall be
175-10 based on the best interest of district students, the severity of
175-11 the violation, and any previous violation the district has
175-12 committed.
175-13 (c) A school district whose home-rule school district
175-14 charter is suspended or revoked under this subchapter shall operate
175-15 under the type of charter under which the district was operating
175-16 before adoption of the home-rule school district charter.
175-17 Sec. 11.066. PROCEDURE FOR PLACEMENT ON PROBATION,
175-18 SUSPENSION, OR REVOCATION. (a) The State Board of Education by
175-19 rule shall adopt a procedure to be used for placing on probation,
175-20 suspending, or revoking a home-rule school district charter.
175-21 (b) The procedure adopted under Subsection (a) must provide
175-22 an opportunity for a hearing to the school district and to parents
175-23 of district students. A hearing under this subsection must be held
175-24 in the district.
175-25 (Sections 11.067-11.100 reserved for expansion
175-26 SUBCHAPTER D. SPECIAL-PURPOSE SCHOOL DISTRICT CHARTER
175-27 Sec. 11.101. ISSUANCE. (a) The State Board of Education
176-1 shall grant a special-purpose school district charter to each
176-2 school or school district operating under Chapter 26, 27, or 28 or
176-3 under Section 11.28, as the applicable chapter or section existed
176-4 on August 1, 1995.
176-5 (b) The State Board of Education shall grant a
176-6 special-purpose school district charter to a school district
176-7 operating under Chapter 22, 24, or 25, as the applicable chapter
176-8 existed on August 1, 1995, if that district applies for the charter
176-9 not later than July 1, 1996, in accordance with procedures the
176-10 board adopts.
176-11 (c) The board shall grant a general-law school district
176-12 charter in accordance with Subchapter B to an eligible school
176-13 district that fails to apply for a special-purpose school district
176-14 charter as provided by Subsection (b). A district granted a
176-15 general-law school district charter under this subsection becomes
176-16 an independent school district. The members of the governing body
176-17 serving on the date the general-law school district charter is
176-18 granted continue in office until their successors are elected and
176-19 have qualified for office.
176-20 (d) A special-purpose school district charter initially
176-21 granted under this section must incorporate the provisions of the
176-22 chapter or section under which the school or school district
176-23 formerly operated. After the initial charter is granted, a
176-24 district under a special-purpose school district charter may apply
176-25 to the board for changes in the charter. Under any revision of the
176-26 charter, the mission of the district must remain consistent with
176-27 that of the original charter.
177-1 (e) A school or school district that formerly operated under
177-2 Section 11.28 as that section existed on August 1, 1995, and that
177-3 is granted a special-purpose school district charter does not have
177-4 taxing authority.
177-5 Sec. 11.102. PLACEMENT ON PROBATION OR REVOCATION OF
177-6 CHARTER. (a) The State Board of Education may place on probation
177-7 or revoke the special-purpose school district charter of a school
177-8 district that fails to comply with a material provision of the
177-9 charter.
177-10 (b) The action the board takes under Subsection (a) shall be
177-11 based on the best interest of the school or school district
177-12 students, the severity of the violation, and any previous violation
177-13 the school or school district has committed.
177-14 Sec. 11.103. PROCEDURE FOR PLACEMENT ON PROBATION OR
177-15 REVOCATION. (a) The State Board of Education by rule shall adopt
177-16 a procedure to be used for placing on probation or revoking a
177-17 special-purpose school district charter under Section 11.102.
177-18 (b) The procedure adopted under Subsection (a) must provide
177-19 an opportunity for a hearing to the school district and to parents
177-20 of district students. A hearing under this subsection must be held
177-21 in the district.
177-22 Sec. 11.104 <11.28>. AUTHORITY TO GRANT ADDITIONAL
177-23 SPECIAL-PURPOSE SCHOOL DISTRICT CHARTERS <POWERS RELATED TO
177-24 INDEPENDENT SCHOOL DISTRICTS>. (a) On the recommendation of the
177-25 commissioner <of education> and after consulting with the <local>
177-26 school districts involved and obtaining the approval of a majority
177-27 of those districts in each affected county in which a school is
178-1 located, the State Board of Education may grant a charter for a
178-2 special-purpose <create and establish a special purpose public>
178-3 school <or school> district for the education of students in
178-4 special situations whose educational needs are not adequately met
178-5 by <regular> school districts operating under other classes of
178-6 charter. The board may impose duties or limitations on the school
178-7 <or> district as necessary for the special purpose of the <school
178-8 or> district. The board shall exercise the powers as provided by
178-9 <in> this section relating <in relation> to the <schools and>
178-10 districts granted a charter <created> under <the authority of> this
178-11 section <subsection and in relation to those independent school
178-12 districts which were created by the board under its former
178-13 authority to create independent school districts>.
178-14 (b) The State Board of Education <It> shall grant to the
178-15 <such> districts the right to share in the available school fund
178-16 <state per capita> apportionment and <such> other privileges as are
178-17 granted to <independent and common school> districts operating
178-18 under a general-law charter, except that the districts may not be
178-19 granted the authority to impose taxes or issue bonds.
178-20 (c) The <Except as otherwise provided by this subsection,
178-21 the> State Board of Education shall appoint for each district a
178-22 board of three trustees, who are <shall> not <be> required to be
178-23 residents of the district.
178-24 (d) For each military reservation <independent> school
178-25 district granted a special-purpose school district charter under
178-26 this section, the State Board of Education may appoint a board of
178-27 three or five trustees. Enlisted military personnel may be
179-1 appointed to the school board. A <; however, a> majority of the
179-2 trustees appointed for the <a military reservation> district must
179-3 be civilians and all may be civilians. The trustees shall be
179-4 selected from a list of persons who are qualified to serve as
179-5 members of a school district board of trustees under Section 12.020
179-6 <the general school laws of Texas> and who live or are employed on
179-7 the military reservation. The list shall be furnished to the board
179-8 by the commanding officer of the military reservation <to the
179-9 board>. The trustees <so> appointed serve terms of <shall hold
179-10 office for> two years <and until their successors are appointed and
179-11 qualified>.
179-12 (e) A child is eligible to attend school in the military
179-13 reservation school district if the child is eligible under Section
179-14 23.001 and is the child <(d) Each year the board of trustees
179-15 shall take and certify the census of eligible children within the
179-16 scholastic ages, and the children entitled to attend the
179-17 reservation schools thus established shall be those> of an officer,
179-18 soldier, or civilian employee <the officers, soldiers, and civilian
179-19 employees> residing or employed on the reservation.
179-20 <(e)> The board of trustees may transfer <shall have the
179-21 authority of transferring> any child <school children> who cannot
179-22 be provided for by the district of the child's <their> residence to
179-23 any <public> school district maintaining adequate facilities and
179-24 standards for elementary, junior, or senior high schools, as
179-25 applicable.
179-26 (f) Except as otherwise provided by this chapter or a <The>
179-27 State Board of Education rule adopted under this chapter, a
180-1 military reservation school district is governed in the same manner
180-2 as a school district operating under a general-law charter <may
180-3 make such special regulations and orders for the government of the
180-4 district as it may deem expedient, but the laws pertaining to
180-5 independent school districts, where the district is not otherwise
180-6 ordered, shall govern such district>.
180-7 (g) On the written request signed by a majority of the board
180-8 of trustees of a military reservation school <the> district, the
180-9 State Board of Education may abolish the district. The <, in which
180-10 event the> State Board of Education shall give written notice to
180-11 the board of trustees requesting abolition <of the district and to
180-12 the board of county school trustees or county board of education of
180-13 the county in which the district is located>. The <county
180-14 governing board shall be required to add the> territory of the
180-15 abolished district to a school district contiguous to the territory
180-16 and property of the district shall be disposed of as provided by
180-17 Section 13.125 <and to add the school census taken for the district
180-18 prior to its abolishment to the scholastic census of the district
180-19 to which the territory is added>.
180-20 (h) Any military reservation territory that <which> is
180-21 subject to the same post or base command as a military reservation
180-22 used to house dependents of military and civilian personnel and
180-23 that <which> wholly contains an independent school district,
180-24 whether or not the <such> reservations are contiguous, may be
180-25 annexed to that reservation independent school district by the
180-26 State Board of Education on <pursuant to a> petition of <by> that
180-27 post or base commander.
181-1 (i) If a <When any> military reservation territory has been
181-2 annexed to an independent school district of the same post or base
181-3 command under Subsection (h) <of this section>, and the territory
181-4 is no longer used to house dependents of military and civilian
181-5 personnel, the State Board of Education, on petition of the post or
181-6 base command, or on petition of a majority of the trustees of the
181-7 school district from which the territory was originally detached,
181-8 may <shall be authorized to> detach the <such> territory from the
181-9 military reservation constituting an independent school district
181-10 and <to> annex it to the school district from which it was
181-11 originally detached.
181-12 (j) The independent or common school district that is
181-13 responsible for providing education services to a student who is
181-14 enrolled in a <special purpose school or> school district granted a
181-15 special-purpose school district charter <created> under Subsection
181-16 (a) <of this section> shall share the cost of the student's
181-17 education in the manner provided under Section 30.003 <21.507 of
181-18 this code> for students enrolled in the Texas School for the Blind
181-19 and Visually Impaired or the Texas School for the Deaf unless the
181-20 State Board of Education finds that the student's education in a
181-21 particular special-purpose <special purpose> school or school
181-22 district is <should not be> the responsibility of the independent
181-23 or common school district.
181-24 (Sections 11.105-11.150 reserved for expansion
181-25 SUBCHAPTER E. OPEN-ENROLLMENT CHARTER SCHOOL
181-26 Sec. 11.151. AUTHORIZATION. (a) In accordance with this
181-27 subchapter, the State Board of Education may grant a charter on the
182-1 application of any person for an open-enrollment charter school to
182-2 operate in a facility of a commercial entity or a school district,
182-3 including a home-rule school district.
182-4 (b) The State Board of Education may not grant more than 20
182-5 charters for an open-enrollment charter school.
182-6 (c) If the facility to be used for an open-enrollment
182-7 charter school is a school district facility, the school must be
182-8 operated in the facility in accordance with the terms established
182-9 by the board of trustees or other governing body of the district in
182-10 an agreement governing the relationship between the school and the
182-11 district.
182-12 Sec. 11.152. AUTHORITY UNDER CHARTER. An open-enrollment
182-13 charter school:
182-14 (1) shall provide instruction to students at one or
182-15 more elementary or secondary grade levels as provided by the
182-16 charter;
182-17 (2) is governed under the governing structure
182-18 described by the charter; and
182-19 (3) retains authority to operate under the charter
182-20 contingent on satisfactory student performance as provided by the
182-21 charter in accordance with Section 11.161.
182-22 Sec. 11.153. APPLICABILITY OF LAWS AND RULES TO
182-23 OPEN-ENROLLMENT CHARTER SCHOOL. An open-enrollment charter school
182-24 is subject to federal and state laws and rules governing public
182-25 schools, except that an open-enrollment charter school is subject
182-26 to this code and rules adopted under this code only to the extent
182-27 the applicability to an open-enrollment charter school of a
183-1 provision of this code or a rule adopted under this code is
183-2 specifically provided.
183-3 Sec. 11.154. APPLICABILITY OF TITLE. (a) An
183-4 open-enrollment charter school has the powers granted to schools
183-5 under this title.
183-6 (b) An open-enrollment charter school is subject to:
183-7 (1) a provision of this title establishing a criminal
183-8 offense; and
183-9 (2) a prohibition, restriction, or requirement, as
183-10 applicable, imposed by this title or a rule adopted under this
183-11 title relating to:
183-12 (A) the core curriculum, required curriculum, or
183-13 high school graduation curriculum under Section 28.001;
183-14 (B) public school accountability as provided by
183-15 Subchapter B, Chapter 39;
183-16 (C) extracurricular activities under Section
183-17 33.082;
183-18 (D) prekindergarten programs under Subchapter E,
183-19 Chapter 29;
183-20 (E) special education programs, as required by
183-21 federal law;
183-22 (F) bilingual education programs, as required by
183-23 federal law;
183-24 (G) health and safety under Chapter 38;
183-25 (H) competitive bidding under Subchapter B,
183-26 Chapter 44; or
183-27 (I) the Public Education Information Management
184-1 System (PEIMS).
184-2 Sec. 11.155. STATUS. (a) An open-enrollment charter school
184-3 is part of the public school system of this state.
184-4 (b) The governing body of the school is considered a
184-5 governmental body for purposes of Chapters 551 and 552, Government
184-6 Code.
184-7 (c) The school is immune from liability to the same extent
184-8 as a school district and its employees and volunteers are immune
184-9 from liability to the same extent as school district employees and
184-10 volunteers.
184-11 Sec. 11.156. TEACHER RETIREMENT SYSTEM. (a) An employee of
184-12 an open-enrollment charter school who qualifies for membership in
184-13 the Teacher Retirement System of Texas shall be covered under the
184-14 system to the same extent a qualified employee of a school district
184-15 is covered.
184-16 (b) For each employee of the school covered under the
184-17 system, the school is responsible for making any contribution that
184-18 otherwise would be the legal responsibility of the school district,
184-19 and the state is responsible for making contributions to the same
184-20 extent it would be legally responsible if the employee were a
184-21 school district employee.
184-22 Sec. 11.157. STATE FUNDING. (a) An open-enrollment charter
184-23 school is entitled to a distribution from the available school fund
184-24 on the same basis that a school district receives a distribution.
184-25 (b) A student attending an open-enrollment charter school
184-26 who is eligible under Section 42.003 is entitled to the benefits of
184-27 the foundation school program under Chapter 42. The commissioner
185-1 shall distribute from the foundation school fund to each school an
185-2 amount equal to the cost of a foundation school program provided by
185-3 the program for which the charter is granted as determined under
185-4 Section 42.251, including the transportation allotment under
185-5 Section 42.156, for the student that the district in which the
185-6 student resides would be entitled to, less an amount equal to the
185-7 sum of the school's tuition receipts under Section 11.158 plus the
185-8 school's distribution from the available school fund.
185-9 Sec. 11.158. LOCAL FUNDING. (a) Except as provided by
185-10 Subsection (b), an open-enrollment charter school is entitled to
185-11 receive tuition from the school district in which a student
185-12 attending the school resides in an amount equal to the quotient of
185-13 the tax revenue collected by the school district for maintenance
185-14 and operations for the school year for which tuition is being paid
185-15 divided by the sum of the number of students enrolled in the
185-16 district on the first Monday in October of that school year plus
185-17 the number of students for whom the district is required to pay
185-18 tuition on that date.
185-19 (b) The tuition to be paid under Subsection (a) by a school
185-20 district with a wealth per student that exceeds the equalized
185-21 wealth level under Chapter 41 shall be based on:
185-22 (1) the district's tax revenue after the district has
185-23 acted to achieve the equalized wealth level under Chapter 41; and
185-24 (2) enrollment, counting:
185-25 (A) one student for each attendance credit
185-26 purchased under Subchapter D, Chapter 41; and
185-27 (B) each student served under an agreement under
186-1 Subchapter E, Chapter 41.
186-2 Sec. 11.159. TUITION RESTRICTED. Except as provided by
186-3 Section 11.157, an open-enrollment charter school may not charge
186-4 tuition to an eligible student who applies under Section 11.167.
186-5 Sec. 11.160. TRANSPORTATION. An open-enrollment charter
186-6 school shall provide transportation to each student attending the
186-7 school to the same extent a school district is required by law to
186-8 provide transportation to district students.
186-9 Sec. 11.161. APPLICATION. (a) The State Board of Education
186-10 shall adopt:
186-11 (1) an application form and a procedure that must be
186-12 used to apply for a charter for an open-enrollment charter school;
186-13 and
186-14 (2) criteria to use in selecting a program for which
186-15 to grant a charter.
186-16 (b) The application form must provide for including the
186-17 information required under Section 11.162 to be contained in a
186-18 charter.
186-19 (c) As part of the application procedure, the board may
186-20 require a petition supporting a charter for a school signed by a
186-21 specified number of parents or guardians of school-age children
186-22 residing in the area in which a school is proposed or may hold a
186-23 public hearing to determine parental support for the school.
186-24 (d) The board may approve or deny an application based on
186-25 criteria it adopts. The criteria the board adopts must include a
186-26 statement from any school district whose enrollment is likely to be
186-27 affected by the open-enrollment charter school, including
187-1 information relating to any financial difficulty that a loss in
187-2 enrollment may have on the district.
187-3 Sec. 11.162. CONTENT. Each charter granted under this
187-4 subchapter must:
187-5 (1) describe the educational program to be offered,
187-6 which must include the core and required curricula as provided by
187-7 Section 28.001;
187-8 (2) specify the period for which the charter or any
187-9 charter renewal is valid;
187-10 (3) provide that continuation or renewal of the
187-11 charter is contingent on acceptable student performance on
187-12 assessment instruments adopted under Subchapter B, Chapter 39, and
187-13 on compliance with any accountability provision specified by the
187-14 charter, by a deadline or at intervals specified by the charter;
187-15 (4) establish the level of student performance that is
187-16 considered acceptable for purposes of Subdivision (3);
187-17 (5) specify any basis, in addition to a basis
187-18 specified by this subchapter, on which the charter may be placed on
187-19 probation, suspended, or revoked or on which renewal of the charter
187-20 may be denied;
187-21 (6) prohibit discrimination in admission policy on the
187-22 basis of gender, national origin, ethnicity, religion, disability,
187-23 or academic or athletic ability, although the charter may provide
187-24 for the exclusion of a student who has a documented history of a
187-25 criminal offense, a juvenile court adjudication, or discipline
187-26 problems under Subchapter A, Chapter 37;
187-27 (7) specify the grade levels to be offered;
188-1 (8) describe the governing structure of the program;
188-2 (9) specify the qualifications to be met by
188-3 professional employees of the program;
188-4 (10) describe the process by which the person
188-5 providing the program will adopt an annual budget;
188-6 (11) describe the manner in which an annual audit of
188-7 the financial and programmatic operations of the program is to be
188-8 conducted, including the manner in which the person providing the
188-9 program will provide information necessary for the school district
188-10 in which the program is located to participate, as required by this
188-11 code or by State Board of Education rule, in the Public Education
188-12 Information Management System (PEIMS); and
188-13 (12) describe the facilities to be used.
188-14 Sec. 11.163. FORM. A charter for an open-enrollment charter
188-15 school shall be in the form of a written contract signed by the
188-16 chair of the State Board of Education and the chief operating
188-17 officer of the school.
188-18 Sec. 11.164. CHARTER GRANTED. Each charter the State Board
188-19 of Education grants for an open-enrollment charter school must:
188-20 (1) satisfy this subchapter; and
188-21 (2) include the information that is required under
188-22 Section 11.162 consistent with the information provided in the
188-23 application and any modification the board requires.
188-24 Sec. 11.165. REVISION. A revision of a charter of an
188-25 open-enrollment charter school may be made only with the approval
188-26 of the State Board of Education.
188-27 Sec. 11.166. BASIS FOR MODIFICATION, PLACEMENT ON PROBATION,
189-1 SUSPENSION, REVOCATION, OR DENIAL OF RENEWAL. (a) The State Board
189-2 of Education may modify, place on probation, suspend, revoke, or
189-3 deny renewal of the charter of an open-enrollment charter school if
189-4 the board determines that the person operating the school:
189-5 (1) committed a material violation of the charter;
189-6 (2) failed to satisfy generally accepted accounting
189-7 standards of fiscal management; or
189-8 (3) failed to comply with this subchapter or another
189-9 applicable law or rule.
189-10 (b) The action the board takes under Subsection (a) shall be
189-11 based on the best interest of the school's students, the severity
189-12 of the violation, and any previous violation the school has
189-13 committed.
189-14 Sec. 11.167. PROCEDURE FOR MODIFICATION, PLACEMENT ON
189-15 PROBATION, SUSPENSION, REVOCATION, OR DENIAL OF RENEWAL. (a) The
189-16 State Board of Education shall adopt a procedure to be used for
189-17 modifying, placing on probation, suspending, revoking, or denying
189-18 renewal of the charter of an open-enrollment charter school.
189-19 (b) The procedure adopted under Subsection (a) must provide
189-20 an opportunity for a hearing to the person operating the
189-21 open-enrollment charter school and to parents and guardians of
189-22 students in the school. A hearing under this subsection must be
189-23 held at the facility at which the program is operated.
189-24 Sec. 11.168. APPLICATION FOR ADMISSION. For admission to an
189-25 open-enrollment charter school, the person operating the school may
189-26 require the applicant to complete and submit an application not
189-27 later than a reasonable deadline the school establishes.
190-1 (Sections 11.169-11.200 reserved for expansion
190-2 SUBCHAPTER F. CHARTER FOR CAMPUS OR PROGRAM ON CAMPUS
190-3 Sec. 11.201. AUTHORIZATION. In accordance with this
190-4 subchapter, the board of trustees of a school district may grant a
190-5 charter for a school campus or for a separately operating program
190-6 on a regularly operating school campus.
190-7 Sec. 11.202. AUTHORITY UNDER CHARTER. A campus or program
190-8 for which a charter is granted under this subchapter:
190-9 (1) may be delegated, by the board of trustees of the
190-10 school district, a power or duty of the board of trustees,
190-11 superintendent, or district, other than taxing authority, as
190-12 prescribed by this chapter;
190-13 (2) may be exempted from this code or a rule adopted
190-14 under this code as provided by Section 11.203;
190-15 (3) is governed under the governing structure
190-16 described by the charter, which may modify or eliminate the
190-17 authority of the school district board of trustees; and
190-18 (4) retains authority to operate under the charter
190-19 only if students at the campus or in the program perform
190-20 satisfactorily as provided by the charter.
190-21 Sec. 11.203. EXEMPTION FROM CODE OR RULE. (a) A campus or
190-22 program is exempt from this code or a rule adopted under this code
190-23 that has the effect of imposing a prohibition, restriction, or
190-24 requirement on public schools or school employees or students if
190-25 the exemption is approved by:
190-26 (1) the school district board of trustees; and
190-27 (2) the commissioner under the commissioner's waiver
191-1 authority as prescribed by Section 7.104.
191-2 (b) The commissioner shall grant or deny an application for
191-3 one or more exemptions not later than the 60th day after the date
191-4 on which the commissioner receives the application. If the
191-5 commissioner denies any part of the application, the commissioner
191-6 shall state the reason for the denial in writing.
191-7 Sec. 11.204. STATUS. (a) A campus or program granted a
191-8 charter under this subchapter is part of the public school system
191-9 of this state and of the school district containing the campus or
191-10 program.
191-11 (b) Any governing body of the campus or program provided for
191-12 under the charter is considered a governmental body for purposes of
191-13 Chapters 551 and 552, Government Code.
191-14 (c) An employee of a campus or program granted a charter
191-15 under this subchapter who qualifies for membership in the Teacher
191-16 Retirement System of Texas shall be covered under the system in the
191-17 same manner and to the same extent as a qualified employee employed
191-18 on a regularly operating campus or in a regularly operating program
191-19 is covered.
191-20 (d) A school district containing a campus or program for
191-21 which a charter is granted under this subchapter shall provide
191-22 transportation to a student enrolled in the campus or program to
191-23 the same extent the district provides transportation to any other
191-24 district student.
191-25 Sec. 11.205. APPLICATION. (a) Before granting a charter,
191-26 the board of trustees of a school district must adopt:
191-27 (1) an application form and procedure that a campus or
192-1 program must use to apply for a charter; and
192-2 (2) criteria to use in selecting a campus or program
192-3 for which to grant a charter.
192-4 (b) As a part of the application procedure, the board of
192-5 trustees may require a petition supporting a charter for a campus
192-6 or program signed by a specified number of campus parents or
192-7 guardians or teachers or may hold a public hearing to determine
192-8 parental or employee support for a charter for a campus or program.
192-9 (c) Any person may initiate the application for a charter
192-10 under this subchapter, including the school committee established
192-11 under Section 12.202, the principal, one or more teachers, or one
192-12 or more parents or guardians.
192-13 (d) The board of trustees may approve or deny an application
192-14 based on criteria it adopts and may limit the number of campuses or
192-15 programs for which it grants a charter under this subchapter.
192-16 Sec. 11.206. FORM. A charter shall be in the form of a
192-17 written contract signed by the president of the board of trustees
192-18 granting the charter and the chief operating officer of the campus
192-19 or program for which the charter is granted.
192-20 Sec. 11.207. REVISION. A revision of a charter granted
192-21 under this subchapter may be made only with the approval of the
192-22 board of trustees that granted the charter.
192-23 Sec. 11.208. BASIS FOR PLACEMENT ON PROBATION, SUSPENSION,
192-24 REVOCATION, OR DENIAL OF RENEWAL. (a) A board of trustees of a
192-25 school district may place on probation, revoke, suspend, or deny
192-26 renewal of a charter it grants if the board determines that the
192-27 campus or program:
193-1 (1) committed a material violation of the charter;
193-2 (2) failed to satisfy generally accepted accounting
193-3 standards of fiscal management;
193-4 (3) failed to comply with this subchapter, another
193-5 law, or a state agency rule; or
193-6 (4) failed to satisfy performance accountability
193-7 provisions prescribed by the charter.
193-8 (b) The action the board takes under Subsection (a) shall be
193-9 based on the best interest of campus or program students, the
193-10 severity of the violation, and any previous violation the campus or
193-11 program has committed.
193-12 Sec. 11.209. PROCEDURE FOR PLACEMENT ON PROBATION,
193-13 SUSPENSION, REVOCATION, OR DENIAL OF RENEWAL. (a) Each board of
193-14 trustees of a school district that grants a charter under this
193-15 subchapter shall adopt a procedure to be used for placing on
193-16 probation, suspending, revoking, or denying renewal of a charter it
193-17 grants.
193-18 (b) The procedure adopted under Subsection (a) must provide
193-19 an opportunity for a hearing to the campus or program for which a
193-20 charter is granted under this subchapter and to parents and
193-21 guardians of students at the campus or in the program. A hearing
193-22 under this subsection must be held on the campus.
193-23 Sec. 11.210. ADMISSION. (a) Only a student who is eligible
193-24 to attend school in the school district containing the campus or
193-25 program for which a charter is granted under this subchapter is
193-26 eligible to attend the campus or program.
193-27 (b) The campus or program may require an applicant to submit
194-1 an application not later than a reasonable deadline the campus or
194-2 program establishes.
194-3 CHAPTER 12 <23>. SCHOOL DISTRICT AND SCHOOL GOVERNANCE
194-4 <INDEPENDENT SCHOOL DISTRICTS>
194-5 SUBCHAPTER A. BOARD OF TRUSTEES--GENERAL PROVISIONS
194-6 Sec. 12.001 <23.01>. NUMBER OF TRUSTEES. Except as
194-7 otherwise provided by this chapter or authorized by this code, the
194-8 <The> public schools of an independent school district shall be
194-9 under the control and management of a board of seven trustees.
194-10 Sec. 12.002 <23.021>. CERTAIN DISTRICTS; CREATION OF
194-11 SEVEN-MEMBER BOARD. (a) Any independent school district created
194-12 by special law may establish a board of trustees to be composed of
194-13 seven members. When at least 25 percent of the number of qualified
194-14 voters who voted in the last regular school board election sign and
194-15 present to the county judge a petition requesting <praying for>
194-16 submission of a <the> proposition <that> at the next regular school
194-17 board election <there shall be a vote> as to whether or not the
194-18 board of trustees shall be composed of seven members, the county
194-19 judge shall determine the sufficiency of the <said> petition, and
194-20 if it is sufficient, shall enter an <his> order on <upon> the
194-21 minutes of the commissioners court to submit the proposition as
194-22 <herein> provided by this section. Approval of the proposition is
194-23 <shall be> by <a> majority vote.
194-24 (b) If the proposition is approved, then at the next
194-25 <following> regular school board election there shall be elected
194-26 trustees, to serve a three-year term, to fill any new vacancies
194-27 created by the approval of the proposition creating a seven-member
195-1 board<, if any,> or any vacancy created by the expiration of the
195-2 term of a member. Any member previously named shall serve the full
195-3 term to which elected. The county judge may provide for staggered
195-4 terms of the board of trustees, except that <provided> if it is
195-5 necessary <should be required> that two or more newly elected
195-6 trustees serve less than the full term of three years, then the
195-7 determination of which members shall serve for the lesser term
195-8 shall be by lot.
195-9 Sec. 12.003 <23.022>. DISTRICTS WITH FEWER THAN 150
195-10 STUDENTS. (a) In accordance with this section, an independent
195-11 school district with fewer than 150 students in <gross> average
195-12 daily attendance may be governed by a board of three or five
195-13 trustees.
195-14 (b) If at least 10 percent of the registered voters of the
195-15 district sign and present to the board a petition requesting
195-16 submission to the voters of a <the> proposition that the district
195-17 be governed by a board of three trustees or by a board of five
195-18 trustees, the board shall order the proposition placed on the
195-19 ballot at the next regular school board election. The petition
195-20 must be presented before the 25th day preceding the election at
195-21 which the proposition is to be submitted and must specify the
195-22 number of trustees sought to govern the district.
195-23 (c) The board of trustees on its own motion may order by
195-24 resolution that the proposition that the district shall be governed
195-25 by a board of three trustees or by a board of five trustees be
195-26 placed on the ballot at the next regular school board election.
195-27 The order must be entered before the 25th day preceding the
196-1 election at which the first three-member or five-member board is to
196-2 be elected.
196-3 (d) Approval of the proposition is by majority vote. If
196-4 the proposition is approved, the district is <shall be> governed by
196-5 a board of three or five trustees, as applicable, beginning with
196-6 the next <following> regular school board election.
196-7 (e) At the first election following approval of a
196-8 proposition<,> that the district shall be governed by a board of
196-9 three or five trustees, all positions on the board shall be filled.
196-10 If the board is to be composed of three trustees, the trustees then
196-11 elected shall draw lots so that one member shall serve for a term
196-12 of one year, one shall serve for a term of two years, and one shall
196-13 serve for a term of three years. If the board is to be composed of
196-14 five trustees, the trustees then elected shall draw lots so that
196-15 one member will serve for a term of one year, two shall serve for
196-16 terms of two years, and two shall serve for terms of three years.
196-17 Thereafter, one or two members, as applicable, shall be elected
196-18 annually to a term of three years.
196-19 (f) In an independent school district with a board of three
196-20 trustees or a board of five trustees, the ballot shall be prepared
196-21 and the election shall be conducted in the same manner as provided
196-22 by this chapter for other independent school districts.
196-23 (g) An independent school district that adopts a
196-24 three-member or a five-member board of trustees as provided by this
196-25 section shall remain governed by a board of that size even if the
196-26 <gross> average daily attendance increases to 150 or more students.
196-27 If the attendance <so> increases, the membership of the board may
197-1 be increased to seven members in the manner provided by <for
197-2 special law districts under> Section 12.002 <23.021 of this code>.
197-3 Sec. 12.004 <23.023>. DISTRICTS WITH 66,000 OR MORE STUDENTS
197-4 <SCHOLASTICS>. (a) Any independent school district, whether
197-5 created by special or general law, with 64,000 or more students in
197-6 average daily attendance shall be under the management and control
197-7 of a board of nine trustees elected in accordance with <the
197-8 provisions of> this section.
197-9 (b) Seven members of the board of trustees are <shall be>
197-10 elected by the qualified voters of single-member districts and two
197-11 members, who shall be the president and vice-president of the
197-12 board, are <shall be> elected at large.
197-13 (c) Not later than the 120th day <At least 120 days> before
197-14 the date of the first school board election at which a district
197-15 elects trustees under this section, the board shall divide the
197-16 school district into seven trustee districts that <which> are
197-17 compact and<,> contiguous<,> and contain as nearly as practicable
197-18 an equal population <according to the last preceding federal
197-19 decennial census>.
197-20 (d) Except as provided for the initial election under
197-21 single-member districts, a candidate seeking to represent a trustee
197-22 district must reside in the district the candidate <he> seeks to
197-23 represent, and vacates the <his> office if the person <he> ceases
197-24 to reside in that district. A candidate for president or
197-25 vice-president may seek election to only one position and shall be
197-26 designated on the official ballot according to the position for
197-27 which the candidate <he> seeks election. A candidate for
198-1 president or vice-president must reside in the school district, and
198-2 vacates the <his> office if the person <he> ceases to reside in the
198-3 district.
198-4 (e) The candidate receiving a majority of the votes cast in
198-5 each position is elected. If no candidate receives a majority of
198-6 the votes cast for that position, the board shall order a runoff to
198-7 be held on a date authorized by Section 2.025, Election Code, and
198-8 only the names of the two candidates receiving the highest number
198-9 of votes in the first election shall be listed on the ballot. The
198-10 candidate receiving the majority of the votes cast in the runoff
198-11 election is elected.
198-12 (f) A member of the board may resign the member's <his>
198-13 position to seek election to the office of president or
198-14 vice-president.
198-15 (g) Not later than the 120th day <At least 120 days> before
198-16 the date of an election to be held in the second year following the
198-17 calendar year in which the federal decennial census is taken, the
198-18 board shall redivide the district into seven trustee districts if
198-19 the census data indicates <indicate> that the population of the
198-20 most populous district exceeds the population of the least populous
198-21 district by more than 10 percent.
198-22 (h) In districts with seven board members on the date the
198-23 district becomes subject to this section, members of the board
198-24 serving on that date shall serve for the remainder of their terms,
198-25 except those choosing to resign. At the first election at which a
198-26 district first elects trustees under this section, six members
198-27 shall be elected,<--> the president, vice-president, and four
199-1 regular members. The president and vice-president then elected
199-2 shall serve for a term of two years. The other members then
199-3 elected shall serve for a term of four years. The members of the
199-4 board holding the offices for which there was no election shall
199-5 draw lots to determine which trustee district they will represent
199-6 during the remainder of their terms. Thereafter, all members shall
199-7 be elected to staggered terms of four years.
199-8 (i) A school district to which this section applies that
199-9 <having 64,000 or more students in average daily attendance which>
199-10 has previously adopted single-member district representation may
199-11 continue to operate under that plan.
199-12 (j) This section does not apply to a district with 66,000 or
199-13 more students in average daily attendance for the 1975-1976 school
199-14 year or thereafter all or part of which is located in a city with a
199-15 population of between 600,000 and 700,000 according to the 1970
199-16 federal census.
199-17 (k) A school district with fewer <less> than 64,000 students
199-18 in average daily attendance for the 1975-1976 school year that
199-19 later becomes subject to this section shall begin electing trustees
199-20 from single-member districts in accordance with this section no
199-21 later than the first regular election held in the next calendar
199-22 year or subsequent year. A school district subject to this section
199-23 whose average daily attendance drops below 64,000 students shall
199-24 continue to be governed by this section. This section does not
199-25 apply to a district that <which> has adopted a plan of electing a
199-26 board of trustees in whole or in part from single-member districts
199-27 before <prior to> August 31, 1991.
200-1 (l) An <Notwithstanding the election dates prescribed by
200-2 this section, an> election held under this section shall be held on
200-3 a uniform election date as provided by law.
200-4 (m) For <the> purposes of this section, average daily
200-5 attendance is defined as the number of students enrolled and in
200-6 attendance on average during the last 10 school days of September
200-7 in each school year.
200-8 Sec. 12.005 <23.024>. SINGLE-MEMBER TRUSTEE DISTRICTS. (a)
200-9 This section applies to any independent school district.
200-10 (b) The board of trustees of a school district, on its own
200-11 motion, may order that trustees of the district are to be elected
200-12 from single-member trustee districts or that not fewer than 70
200-13 percent of the members of the board of trustees are to be elected
200-14 from single-member trustee districts with the remaining trustees to
200-15 be elected from the district at large. Before entering the order,
200-16 the board must:
200-17 (1) hold a public hearing at which registered voters
200-18 of the district are given an opportunity to comment on whether or
200-19 not they favor the election of trustees in the manner proposed by
200-20 the board; and
200-21 (2) publish notice of the hearing in a newspaper that
200-22 has general circulation in the district, not later than the seventh
200-23 day before the day of the hearing.
200-24 (c) An order of the board adopted under Subsection (b) <of
200-25 this section> must be entered not later than the 120th day before
200-26 the day of the first election at which all or some of the trustees
200-27 are elected from single-member trustee districts.
201-1 (d) If at least 15 percent or 15,000 of the registered
201-2 voters of the school district, whichever is less, sign and present
201-3 to the board of trustees a petition requesting submission to the
201-4 voters of the proposition that trustees of the district be elected
201-5 from single-member trustee districts or that not fewer than 70
201-6 percent of the members of the board of trustees be elected from
201-7 single-member trustee districts with the remaining trustees to be
201-8 elected from the district at large, the board shall order that the
201-9 appropriate proposition be placed on the ballot at the first
201-10 regular election of trustees held <more than 120 days> after the
201-11 120th day following the day the petition is submitted to the board.
201-12 The proposition must specify the number of trustees to be elected
201-13 from single-member districts. Beginning with the first regular
201-14 election of trustees held after an election at which a majority of
201-15 the registered voters voting approve the proposition, trustees of
201-16 the district shall be elected in the manner prescribed by the
201-17 approved proposition.
201-18 (e) If the board orders that all or some of the trustees
201-19 shall be elected from single-member trustee districts or if a
201-20 majority of the registered voters voting at an election approve a
201-21 proposition that all or some of the trustees of the district be
201-22 elected from single-member trustee districts, the board shall
201-23 divide the school district into the appropriate number of trustee
201-24 districts, based on the number of members of the board that are to
201-25 be elected from single-member trustee districts, and shall number
201-26 each trustee district. The trustee districts must be compact and
201-27 contiguous and must be as nearly as practicable of equal population
202-1 <according to the last preceding federal census>. In a district
202-2 with 150,000 or more students in average daily attendance, the
202-3 boundary of a trustee district may not cross a county election
202-4 precinct boundary except at a point at which the boundary of the
202-5 school district crosses the county election precinct boundary.
202-6 Trustee districts must be drawn not later than the 90th day before
202-7 the day of the first election of trustees from single-member
202-8 districts.
202-9 (f) Residents of each trustee district are entitled to elect
202-10 one trustee to the board. A trustee elected to represent a trustee
202-11 district at the first election of trustees must be a resident of
202-12 the district the trustee <he> represents not later than: (1) the
202-13 90th day after the day election returns are canvassed; or (2) the
202-14 60th day after the day of a final judgment in an election contest
202-15 filed concerning that trustee district. After the first election
202-16 of trustees from single-member trustee districts, a candidate for
202-17 trustee representing a single-member trustee district must be a
202-18 resident of the district the candidate <he> seeks to represent. A
202-19 trustee vacates the office if the trustee <he> fails to move into
202-20 the trustee district the trustee <he> represents within the time
202-21 provided by this section or ceases to reside in the district the
202-22 trustee <he> represents. A candidate for trustee representing the
202-23 district at large must be a resident of the district, and a trustee
202-24 representing the district at large vacates the office if the
202-25 trustee <he> ceases to reside in the district.
202-26 (g) Any vacancy on the board shall be filled by a special
202-27 election ordered by the board or by appointment made by the
203-1 remaining members of the board. An appointed trustee <appointee>
203-2 serves until the next <school board> election of school district
203-3 trustees. A person appointed to fill a vacancy in a trustee
203-4 district must be a resident of that trustee district. A person
203-5 appointed to fill a vacancy in the representation of the district
203-6 at large must be a resident of the district at large. A special
203-7 election is conducted in the same manner as the district's general
203-8 election except as provided by the <applicable provisions of the>
203-9 Election Code.
203-10 (h) At the first election at which some or all of the
203-11 trustees are elected from trustee districts and after each
203-12 redistricting, all positions on the board shall be filled. The
203-13 trustees then elected shall draw lots for staggered terms as
203-14 provided by Section 12.014, 12.015, or 12.016 <23.13, 23.14, or
203-15 23.15 of this code>, as applicable.
203-16 (i) Not later than the 90th day before the day of the first
203-17 regular school board election at which trustees may officially
203-18 recognize and act on the last preceding federal census, the board
203-19 shall redivide the district into the appropriate number of trustee
203-20 districts if the census data indicates that the population of the
203-21 most populous district exceeds the population of the least populous
203-22 district by more than 10 percent. Redivision of the district shall
203-23 be in the manner provided for division of the district under
203-24 Subsection (e) <of this section>.
203-25 (j) This section does not apply to an independent school
203-26 district that elects trustees from single-member trustee districts
203-27 in accordance with Section 12.004 <23.023 of this code> or other
204-1 general or special law.
204-2 Sec. 12.006 <23.025>. TRANSITION TO SINGLE-MEMBER
204-3 DISTRICTS: OPTION TO CONTINUE IN OFFICE. (a) For a school
204-4 district that adopts a redistricting plan under Section 12.005
204-5 <23.024 of this code> providing for five members of the board to be
204-6 elected from single-member trustee districts and two members to be
204-7 elected at large, the board of trustees may provide in the plan for
204-8 the trustees then in office to serve at large for the remainder of
204-9 their terms in accordance with this section.
204-10 (b) The trustee district and at-large positions provided by
204-11 the district's plan shall be filled as the staggered terms of
204-12 incumbent trustees expire. Not later than the 90th day before the
204-13 date of the first election from trustee districts, the board shall
204-14 determine by lot the order in which the positions will be filled.
204-15 (c) The trustees of a district to which this section applies
204-16 may also provide for members serving at the time of a redistricting
204-17 to serve for the remainder of their terms.
204-18 Sec. 12.007 <23.03>. APPLICATION TO GET ON BALLOT. (a)
204-19 Applications of candidates for a place on the ballot must be filed
204-20 not later than 5 p.m. of the 45th day before the day of the
204-21 election. An application may not be filed earlier than the 30th
204-22 day before the date of the filing deadline. <No candidate shall
204-23 have his name printed on said ballot unless there has been
204-24 compliance with the provisions of this section.>
204-25 (b) <Candidates for office of trustee of an independent
204-26 school district must file their applications with the secretary of
204-27 the school board of trustees.>
205-1 <(c)> In those districts in which the positions on the board
205-2 of trustees are authorized to be designated by number, as provided
205-3 by <in> Section 12.012 <23.11 of this code>, each applicant shall
205-4 also state the number of the position for which the applicant <he>
205-5 is filing as candidate. A <No> candidate is not <shall be>
205-6 eligible to have the candidate's <his> name placed on the official
205-7 ballot under more than one position to be filled at the <such>
205-8 election.
205-9 (c) <(d)> In those districts in which the positions on the
205-10 board of trustees are not authorized to be designated by number,
205-11 <it shall not be necessary for> an applicant is not required to
205-12 state which other candidate, if any, the applicant <he> is
205-13 opposing.
205-14 Sec. 12.008 <23.04>. BALLOTS: DEADLINE FOR PRINTING.
205-15 Ballots for use in the election of trustees of an independent
205-16 school district must <shall> be printed not later than the 20th day
205-17 before <less than 20 days prior to> the day of the election.
205-18 Sec. 12.009 <23.06>. BALLOTS. (a) Ballots for the election
205-19 of school trustees for independent school districts shall be
205-20 prepared as ordered by the trustees of the district and must
205-21 fulfill the requirements of this section.
205-22 (b) The ballots must be of uniform style and dimension <and
205-23 must be of the stub type provided for in the general election
205-24 laws>.
205-25 (c) The ballots must be printed with black ink on clear
205-26 white paper of sufficient thickness to prevent the marks on the
205-27 ballot <thereon> from being seen through the paper.
206-1 (d) The ballots must <shall> have printed at the top,
206-2 "Official Ballot, __________ Independent School District,"
206-3 specifying the name of the school district.
206-4 (e) The names of all eligible persons who have <properly>
206-5 qualified as candidates for school trustee of the district shall be
206-6 included, and if the positions on the board are designated by
206-7 number as provided by <in> Section 12.012 <23.11 of this code>, the
206-8 position for which each person is a candidate must <shall> be
206-9 clearly shown.
206-10 <Sec. 23.07. ORDER; ELECTION OFFICERS. (a) The board of
206-11 trustees of each independent school district shall order all
206-12 regular elections for trustees and give notice thereof. The order
206-13 and notice shall be made at least 20 days before the date of
206-14 election. A notice of the order shall be posted at three public
206-15 places in the district and shall designate the places where the
206-16 polls shall be open.>
206-17 <(b) The board of trustees shall appoint to hold the
206-18 election three or more persons who shall possess the qualifications
206-19 and receive the compensation provided for election officers under
206-20 the general election laws.>
206-21 <Sec. 23.08. ELECTION. (a) Elections for trustees of
206-22 independent school districts shall be held on the first Saturday in
206-23 April, except that in counties having a population of one million
206-24 or more the trustees may by official resolution select any other
206-25 Saturday.>
206-26 <(b) Elections shall be held either annually or biennially,
206-27 depending upon the term for which the trustees are to be elected as
207-1 provided in this subchapter.>
207-2 <(c) Voting machines may be used.>
207-3 <(d) All qualified voters of the district shall be entitled
207-4 to vote.>
207-5 <(e) The elections shall be governed by the general election
207-6 laws except where in conflict with this subchapter.>
207-7 <(f) Notwithstanding the election dates prescribed by this
207-8 section, an election held under this section shall be held on a
207-9 uniform election date as provided by law.>
207-10 Sec. 12.010 <23.081>. WRITE-IN VOTING. (a) In an election
207-11 for trustees of an independent school district, a write-in vote may
207-12 not be counted for a person unless that person has filed a
207-13 declaration of write-in candidacy with the secretary of the board
207-14 of trustees in the manner provided for write-in candidates in the
207-15 general election for state and county officers.
207-16 (b) A declaration of write-in candidacy must be filed not
207-17 later than 5 p.m. of the 30th day before election day. However,
207-18 if a candidate whose name is to appear on the ballot dies or is
207-19 declared ineligible after the 33rd day before election day, a
207-20 declaration of write-in candidacy for the office sought by the
207-21 deceased or ineligible candidate may be filed not later than 5 p.m.
207-22 of the 27th day before election day.
207-23 (c) With the appropriate modifications and to the extent
207-24 practicable, Subchapter B, Chapter 146, Election Code, applies to
207-25 write-in voting in an election for trustees of an independent
207-26 school district.
207-27 (d) The secretary of state shall adopt the rules necessary
208-1 to implement this section.
208-2 Sec. 12.011 <23.09>. DETERMINATION OF RESULTS. (a) In
208-3 those districts in which <where> the positions of trustees are
208-4 authorized to be designated by number, as provided by <in> Section
208-5 12.012 <23.11 of this code>, the candidate receiving the highest
208-6 number of votes for each respective position voted on is <shall be>
208-7 entitled to serve as trustee.
208-8 (b) In those districts in which <where> the positions of
208-9 trustees are not authorized to be designated by number, the
208-10 candidates receiving the highest number of votes shall fill the
208-11 positions the terms of which are normally expiring.
208-12 <Sec. 23.10. RETURNS; CANVASS. The election returns
208-13 certified to by the election officers shall be made to the board of
208-14 school trustees which shall canvass the returns, declare the
208-15 results of the election, and issue certificates of election to the
208-16 persons shown to be elected.>
208-17 Sec. 12.012 <23.11>. ELECTION BY POSITION. (a) The
208-18 designation of the positions of trustees by number is or may be
208-19 required only as specified by <in> this section.
208-20 (b) The positions on the board of trustees shall be
208-21 designated by number in any independent school district in which
208-22 <wherein> the procedure of designating and electing the trustees by
208-23 number has been authorized and instituted whether under general or
208-24 special law and whether by resolution of the trustees or by
208-25 operation of law.
208-26 (c) The positions on the board of trustees shall be
208-27 designated by number in any independent school district in which
209-1 the board of trustees<,> by resolution <appropriate action as
209-2 specified below,> orders that all candidates for trustee be voted
209-3 on <upon> and elected separately for positions on the board of
209-4 trustees and that all candidates be designated on the official
209-5 ballot according to the number of the positions for which they seek
209-6 election.
209-7 (d) The <order of> resolution of the board of trustees must
209-8 be made not later than the 60th day before the date of <at least 60
209-9 days prior to> any trustee election for <to be controlled by> this
209-10 section to apply.
209-11 (e) The board shall also, not later than the 60th day before
209-12 the date of <at least 60 days prior to> the election, number the
209-13 positions on the board in the order in which the terms of office of
209-14 the trustees expire.
209-15 (f) Once the board of trustees of an independent school
209-16 district has adopted the provisions of this section, neither the
209-17 board of trustees nor their successors may rescind the action.
209-18 (g) In any <such> independent school district in which the
209-19 procedure of designating and electing trustees by numbered
209-20 positions is <has been or may hereafter be> instituted, the <any
209-21 candidate offering himself for a position as trustee in any
209-22 election shall indicate in a written notice timely filed the number
209-23 of the position for which he desires to run, and his application
209-24 for a place on the ballot shall disclose the position number for
209-25 which he is a candidate or the name of the incumbent member holding
209-26 the position for which he desires to run. The> names of the
209-27 candidates for each position shall be arranged by lot by the board
210-1 of trustees of the district.
210-2 (h) The board may also provide by resolution, not later than
210-3 the 60th day before the date of <at least 60 days prior to> the
210-4 election, that if no candidate for a position receives a majority
210-5 of the votes cast for that position, the board will order a runoff
210-6 election to be held not later than the 30th day <more than 30 days>
210-7 after the date of the first election. At that runoff election, the
210-8 names of the two persons receiving the highest number of votes for
210-9 that position in the first election shall be placed on the ballot.
210-10 Sec. 12.013 <23.12>. DISTRICTS CONVERTED FROM COMMON SCHOOL
210-11 DISTRICTS. (a) This section applies <shall apply> to any
210-12 independent school district incorporated under <the provisions of>
210-13 Subchapter D <G>, Chapter 13, that has <19 of this code or
210-14 reclassified under Section 17.99 of this code, having> a board of
210-15 seven trustees <where under in alternate years four trustees are>
210-16 elected for staggered two-year terms <and three trustees are
210-17 elected for two-year terms>.
210-18 (b) Immediately after any next regular election of a board
210-19 of trustees in any independent school district to which this
210-20 section applies, members of the <such> board of <school> trustees
210-21 may draw lots. Those members drawing numbers 1, 2, and 3 shall
210-22 serve for a term of one year and until their respective successors
210-23 are <duly> elected and qualified. Those members drawing numbers 4
210-24 and 5 shall serve for a term of two years and until their
210-25 respective successors are <duly> elected and qualified. Those
210-26 drawing numbers 6 and 7 shall serve for a term of three years <and
210-27 until their respective successors be duly elected and qualified>.
211-1 (c) Those members of the board of trustees, in any district
211-2 to which this section applies, who are elected at the expiration of
211-3 each of the terms provided for in Subsection (b) <of this section>,
211-4 shall serve for a term of three years, and the term of office of
211-5 members of the <such> board of <school> trustees shall continue to
211-6 be three years with two or three members of the board <thereof>, as
211-7 the case may be, being elected each year thereafter.
211-8 Sec. 12.014 <23.13>. TERM OF OFFICE--GENERAL RULE--THREE
211-9 YEARS. (a) Unless a different term is authorized by Section
211-10 12.015 or 12.016 <23.14 or 23.15 of this code>, the term of
211-11 trustees of independent school districts, other than county-wide
211-12 independent school districts, is <shall be> three years in:
211-13 (1) any district that <which> does not include within
211-14 its boundaries a municipality <city or town> with a population in
211-15 excess of 75,000; or
211-16 (2) <in> any district in which <where> a term of three
211-17 years has been previously instituted under either general or
211-18 special law <of this state>.
211-19 (b) The term of trustees may be three <(3)> years in any
211-20 independent district, other than a county-wide district, in which
211-21 the trustees, by majority vote, adopt a three-year term and, not
211-22 later than the 90th day before <at least 90 days prior to> a
211-23 regular election date, publish in a newspaper printed in the county
211-24 in which the district is situated notice of the election and the
211-25 terms for which the trustees are to be elected.
211-26 (c) <Elections shall be held annually.> At the first
211-27 regular trustee election after the creation of the district or the
212-1 adoption of the three-year term, as provided by Subsection (b)
212-2 <above>, the seven trustees elected shall determine by lot the
212-3 terms for which they are to serve, as follows:
212-4 (1) the three members drawing numbers 1, 2, and 3
212-5 shall serve for a term of one year;
212-6 (2) the two members drawing numbers 4 and 5 shall
212-7 serve for a term of two years; and
212-8 (3) the two members drawing numbers 6 and 7 shall
212-9 serve for a term of three years.
212-10 (d) Each year, following the first election, either three or
212-11 two trustees shall be elected, the number depending on the number
212-12 <upon that> required to constitute a board of seven trustees.
212-13 (e) If the procedure of designating and electing trustees by
212-14 numbered positions, as provided by <in> Section 12.012, applies
212-15 <23.11 of this code, is applicable> to the district, the trustees
212-16 shall be elected in compliance with <the terms of> that section.
212-17 (f) The trustees of any independent school district that
212-18 <which> has previously instituted a term of three years may
212-19 continue to be elected for a term of three years.
212-20 (g) The <governing> board of trustees of an independent
212-21 school district whose trustees serve for terms of four years may
212-22 order by resolution that the terms of office be reduced to three
212-23 years. The order of the board must be entered not later than the
212-24 75th day <at least 75 days> before the date of the first election
212-25 at which trustees are to be elected to reduced terms. Trustees in
212-26 office on the date of the order shall serve for the remainder of
212-27 their terms. At the first election following the order, the
213-1 trustees elected shall serve for a term of two years. At the next
213-2 regular trustee election, all positions on the board shall be
213-3 filled. The trustees then elected shall draw lots so that two will
213-4 serve for terms of one year, two will serve for terms of two years,
213-5 and three will serve for terms of three years. Thereafter, two or
213-6 three members shall be elected annually for terms of three years.
213-7 (h) The governing board of an independent school district
213-8 whose trustees serve for terms of six years may order by resolution
213-9 that the terms of office be reduced to three years. If the board
213-10 orders that the terms are to be reduced, the trustees shall be
213-11 elected to three-year terms beginning with the first regular
213-12 trustee election held <more than 75 days> after the 75th day
213-13 following the date of the board's order <of the board>. Trustees
213-14 in office on the date of the order shall serve for the remainder of
213-15 their terms. Thereafter, two or three trustees shall be elected
213-16 annually for terms of three years.
213-17 Sec. 12.015 <23.14>. Six-Year Terms. (a) Unless a
213-18 different term is authorized by either Section 12.014 or 12.016
213-19 <23.13 or 23.15 of this code>, the term of trustees of independent
213-20 school districts, other than county-wide independent school
213-21 districts, is <shall be> six years in:
213-22 (1) those districts that <which> include in <within>
213-23 their boundaries a municipality <city> with a population of 75,000
213-24 or more; and
213-25 (2) <in> those districts in which <where> a term of
213-26 six years has been previously instituted under either general or
213-27 special law <of this state>.
214-1 (b) The term of office may be six years in any district that
214-2 has at least <in which there are as many as> 30,220 students
214-3 <scholastics, according to the last scholastic census,> and in
214-4 which the trustees, by majority vote, adopt a six-year term.
214-5 (c) At the first regular trustee election after the creation
214-6 of the district or the applicability or the adoption of the
214-7 six-year term, the seven trustees elected shall determine by lot
214-8 the terms for which they are to serve. The three members drawing
214-9 numbers 1, 2, and 3 shall serve for a term of six years; the two
214-10 members drawing numbers 4 and 5 shall serve for a term of four
214-11 years; and the two members drawing numbers 6 and 7 shall serve for
214-12 a term of two years.
214-13 (d) <Elections shall be held biennially.> At each election
214-14 following the first, either two or three trustees shall be elected,
214-15 the number depending on the number <upon that> required to compose
214-16 a board of seven trustees.
214-17 (e) If the procedure of designating and electing trustees by
214-18 numbered positions, as provided by <in> Section 12.012 <23.11 of
214-19 this code>, is applicable to the district, the trustees shall be
214-20 elected in compliance with the terms of that section.
214-21 Sec. 12.016 <23.15>. Four-Year Terms. (a) The trustees of
214-22 any independent school district that <which> has previously, under
214-23 either general or special law <of this state>, adopted or
214-24 instituted a term of four years may continue to be elected for a
214-25 term of four years. Elections shall be held biennially. Either
214-26 three or four trustees shall be elected at each election, the
214-27 number depending on the number <upon that> required to compose a
215-1 board of seven trustees. The trustees shall be elected by position
215-2 number as provided in Section 12.012 <23.11 of this code>.
215-3 (b) The governing board of an independent school district
215-4 whose trustees serve for terms of six years may order by resolution
215-5 that the terms of office be reduced to four years. If the board
215-6 orders that terms are to be reduced, the transition to four-year
215-7 terms shall begin with the first regular election held <more than
215-8 75 days> after the 75th day following the date of the board's order
215-9 <of the board>. Trustees in office on the date of the order shall
215-10 serve for the remainder of their terms.
215-11 (c) The length of the terms for trustees elected at the
215-12 first regular election in the transition to four-year terms is
215-13 determined as follows <in accordance with the following>:
215-14 (1) if the order in which the six-year terms expire
215-15 results in two trustees being elected at the first election, and
215-16 would result in two trustees being elected at the next regular
215-17 election, the trustees elected at the first election shall draw
215-18 lots so that one serves for a term of two years and one serves for
215-19 a term of four years;
215-20 (2) if the order in which the six-year terms expire
215-21 results in three trustees being elected at the first election, and
215-22 would result in two trustees being elected at the next regular
215-23 election, the trustees elected at the first election shall draw
215-24 lots so that one serves for a term of two years and two serve for a
215-25 term of four years; or
215-26 (3) if the order in which the six-year terms expire
215-27 results in two trustees being elected at the first election, and
216-1 would result in three trustees being elected at the next regular
216-2 election, the trustees elected at the first election serve for
216-3 terms of four years.
216-4 (d) After the first election in the transition to four-year
216-5 terms, three or four members shall be elected biennially for terms
216-6 of four years.
216-7 Sec. 12.017 <23.16>. County-Wide Districts: Two Year Terms.
216-8 The trustees of all county-wide independent school districts<,
216-9 previously established or hereafter created as provided in
216-10 Subchapter C, Chapter 19 of this code,> shall serve for a regular
216-11 term of two years. <Each year either three or four trustees shall
216-12 be elected, the number depending upon that required to constitute a
216-13 board of seven trustees as provided in Section 19.067 of this
216-14 code.>
216-15 Sec. 12.018 <23.17>. Length of Term May be Continued. The
216-16 trustees of any independent school district that <which> has
216-17 lawfully instituted a particular term of office may, by resolution,
216-18 continue that term even though the size of the district changes so
216-19 that the specified term <is> no longer applies <applicable>.
216-20 Sec. 12.019 <23.18>. Vacancies. (a) If a vacancy occurs in
216-21 the board of trustees, the remaining members of the board of
216-22 trustees may fill the vacancy by appointment until the next trustee
216-23 <school board> election.
216-24 (b) If the <school> board is appointed by the governing body
216-25 of a municipality, a trustee appointed by the governing body to
216-26 fill a vacancy shall serve for the unexpired term.
216-27 (c) Instead of filling a vacancy by appointment under
217-1 Subsection (a) or (b) <of this section>, the board or municipal
217-2 governing body may order a special election to fill the vacancy. A
217-3 special election is conducted in the same manner as the district's
217-4 general election except as provided by the <applicable provisions
217-5 of the> Election Code.
217-6 (d) If the school district's general election for trustees
217-7 is held other than annually and more than one year remains in the
217-8 term of the position vacated, the vacancy shall be filled under
217-9 this section not later than the 180th day after the date the
217-10 vacancy occurs.
217-11 Sec. 12.020 <23.19>. QUALIFICATION AND ORGANIZATION OF
217-12 TRUSTEES; COMPENSATION. (a) <Each elected trustee shall qualify
217-13 by taking the official oath of office.>
217-14 <(b)> The trustees first elected or appointed after the
217-15 creation or incorporation of an <the> independent school district
217-16 shall file their official oaths with the county judge of the county
217-17 in which the district or a major portion of the district <thereof>
217-18 is situated. After all subsequent elections, the newly elected
217-19 trustees shall file their official oaths with the president of the
217-20 board of trustees.
217-21 (b) A <(c) No> person may not <shall> be elected trustee of
217-22 an independent school district unless the person <he> is a
217-23 qualified voter.
217-24 (c) <(d)> At the first meeting after each election and
217-25 qualification of trustees, the members shall organize by selecting:
217-26 (1) except as provided by Section 12.004, a president,
217-27 who must <shall> be a member of the board;
218-1 (2) a secretary, who may or may not be a member of the
218-2 board;
218-3 (3) a treasurer<, as provided in Section 23.61 of this
218-4 code>;
218-5 (4) a tax assessor-collector <an assessor and
218-6 collector of taxes, as provided in Subchapter F of this chapter>;
218-7 and
218-8 (5) <such> other officers and committees <as> the
218-9 board considers <may deem> necessary.
218-10 (d) <(e)> The trustees <shall> serve without compensation.
218-11 Sec. 12.021 <23.20>. Eligibility for Employment. A trustee
218-12 of a school district may not apply for or solicit <is prohibited
218-13 from applying for or soliciting> employment with that school
218-14 district until:
218-15 (1) the trustee's current term has expired; or
218-16 (2) <until> the trustee has resigned and a successor
218-17 has been named to fill the vacancy created by the resignation.
218-18 <Sec. 23.201. ELIGIBILITY TO CONTRACT WITH BOARD. (a) The
218-19 board of trustees of a school district may not enter into a
218-20 contract with a trustee of the district, the spouse of a trustee,
218-21 or a business entity in which a trustee or the spouse of a trustee
218-22 has a significant interest until the trustee's current term has
218-23 expired or until the trustee has resigned and a successor has been
218-24 chosen to fill the vacancy created by the resignation.>
218-25 <(b) In this section, the term "business entity" has the
218-26 meaning provided by Section 171.001, Local Government Code.>
218-27 <(c) For purposes of this section, a person has a
219-1 substantial interest in a business entity if the person has a
219-2 substantial interest in the business entity for purposes of Chapter
219-3 171, Local Government Code.>
219-4 <(d) This section prevails over Chapter 171, Local
219-5 Government Code, to the extent of any conflict.>
219-6 (Sections 12.022-12.050 reserved for expansion
219-7 SUBCHAPTER B. RECALL OF SCHOOL TRUSTEES
219-8 Sec. 12.051. DEFINITIONS. In this subchapter:
219-9 (1) "Recall election" means an election conducted
219-10 under this subchapter.
219-11 (2) "Trustee" means a member of the board of trustees
219-12 of a school district elected under this chapter.
219-13 Sec. 12.052. ORDERING ELECTION. Except as otherwise
219-14 provided by this subchapter, a board of trustees shall order a
219-15 recall election as to a trustee if the board is presented with a
219-16 petition that meets the requirements of Section 12.053 and is
219-17 certified as valid under Section 12.054.
219-18 Sec. 12.053. PETITION. (a) A petition for a recall
219-19 election must have a statement substantially as follows preceding
219-20 the space reserved for signatures on each page: "This petition is
219-21 to require that an election be held in (name of school district) on
219-22 the recall of trustee (name of trustee)."
219-23 (b) A petition may not name more than one trustee.
219-24 (c) A petition is valid only if it is signed by registered
219-25 voters residing in the school district in a number equal to or
219-26 greater than 10 percent of the number of votes cast in the most
219-27 recent general election for trustees in the district.
220-1 (d) Each voter must enter beside the voter's signature the
220-2 date the voter signs the petition. A signature may not be counted
220-3 if the date of signing is earlier than:
220-4 (1) the 180th day after the date the trustee's current
220-5 term began; or
220-6 (2) the 90th day before the date the petition is
220-7 submitted to the board of trustees.
220-8 (e) Each voter must provide the voter's current voter
220-9 registration number, printed name, and residence address, including
220-10 zip code.
220-11 Sec. 12.054. VERIFICATION OF PETITION. (a) Not later than
220-12 the fifth day after the date a petition for a recall election is
220-13 received in the office of the board of trustees, the board shall
220-14 submit the petition for verification to the secretary of the board.
220-15 If the petition is to require an election on the recall of the
220-16 trustee who serves as secretary, the board shall appoint an acting
220-17 secretary to perform the secretary's duties under this section.
220-18 (b) The secretary shall determine whether the petition is
220-19 signed by the required number of registered voters of the school
220-20 district. Not later than the 30th day after the date the petition
220-21 is submitted to the secretary, the secretary shall certify in
220-22 writing to the board of trustees whether the petition is valid or
220-23 invalid. If the secretary determines the petition is invalid, the
220-24 secretary shall state each reason for that determination.
220-25 Sec. 12.055. DATE OF ELECTION; ORDER. (a) If the secretary
220-26 certifies that a petition is valid, the board of trustees shall
220-27 order that an election be held in the school district on the first
221-1 Saturday after the 45th day after the date the board orders the
221-2 election.
221-3 (b) If the date prescribed by Subsection (a) is less than 60
221-4 days before the expiration of the term of the trustee to whom the
221-5 petition relates, the board may not order the election.
221-6 (c) The board shall state in the order the issue to be voted
221-7 on.
221-8 Sec. 12.056. BALLOT PROPOSITION. The ballot in a recall
221-9 election shall be printed to provide for voting for or against the
221-10 proposition: "Recalling trustee (name of trustee)."
221-11 Sec. 12.057. RESULTS OF ELECTION. If the majority of the
221-12 votes received in a recall election are for the recall of the
221-13 trustee, the office held by the trustee becomes vacant effective
221-14 immediately on the canvassing of the votes. The vacancy shall be
221-15 filled in the regular manner.
221-16 Sec. 12.058. MULTIPLE RECALL ATTEMPTS PROHIBITED. The board
221-17 of trustees may not order a recall election as to a trustee who has
221-18 been the subject of a previous recall election during the trustee's
221-19 current term.
221-20 (Sections 12.059-12.100 reserved for expansion
221-21 SUBCHAPTER C <B>. POWERS AND DUTIES OF TRUSTEES
221-22 <Sec. 23.25. POWERS AND DUTIES. The board of trustees of an
221-23 independent school district shall have the powers and duties
221-24 described in this subchapter, in addition to any other powers and
221-25 duties granted or imposed by this code or by law.>
221-26 Sec. 12.101 <23.26>. IN GENERAL. (a) The trustees <shall>
221-27 constitute a body corporate and in the name of the school district
222-1 may acquire and hold real and personal property, sue and be sued,
222-2 and receive bequests and donations or other moneys or funds coming
222-3 legally into their hands.
222-4 (b) The trustees <shall> have the exclusive power and duty
222-5 to <manage and> govern and oversee the management of the public
222-6 <free> schools of the district. All powers and duties not
222-7 specifically delegated by statute to the agency are reserved for
222-8 the trustees, and the agency may not substitute its judgment for
222-9 the lawful exercise of those powers and duties by the trustees.
222-10 (c) All rights and titles to the school property of the
222-11 district, whether real or personal, shall be vested in the trustees
222-12 and their successors in office.
222-13 (d) The trustees may adopt <such> rules<, regulations,> and
222-14 by-laws necessary to carry out the powers and duties provided by
222-15 Subsection (b) <as they may deem proper>.
222-16 Sec. 12.102 <23.27>. Taxes; Bonds. The trustees may <shall
222-17 have the power to> levy and collect taxes and <to> issue bonds in
222-18 compliance with <the applicable provisions in> Chapter 45. If a
222-19 <20 of this code, and if no> specific rate of tax is not adopted at
222-20 an election authorizing a tax, the trustees shall determine the
222-21 rate of tax to be levied within the limit voted and specified by
222-22 law.
222-23 <Sec. 23.28. CONTRACTS WITH OFFICERS AND TEACHERS. (a) The
222-24 board of trustees of any independent school district may employ by
222-25 contract a superintendent, a principal or principals, teachers, or
222-26 other executive officers for a term not to exceed the maximum
222-27 specified in this section.>
223-1 <(b) In those independent school districts with a scholastic
223-2 population of fewer than 5,000, the term of such contracts shall
223-3 not exceed three years.>
223-4 <(c) In those independent school districts with a scholastic
223-5 population of 5,000 or more, in the last preceding scholastic year,
223-6 the term of such contracts shall not exceed five years.>
223-7 <(d) All 12 month contracts made with employees
223-8 above-mentioned shall begin on July 1 of the year beginning the
223-9 contract and end on June 30 of the year terminating the contract.>
223-10 <(e) This section does not apply to teacher's contracts in
223-11 those independent school districts which have adopted the
223-12 provisions of the probationary or continuing contract law as set
223-13 out in Subchapter C, Chapter 13 of this code.>
223-14 Sec. 12.103 <23.29>. Sale of Minerals. (a) Minerals in
223-15 land <or any part thereof> belonging to an independent school
223-16 district may be sold to any person under <the provisions of> this
223-17 section.
223-18 (b) The sale must be authorized by a resolution adopted by
223-19 majority vote of the board of trustees of the <independent> school
223-20 district. The<; and the> sale and its <the> terms <thereof> must
223-21 be approved by the commissioner <of education> on the basis of
223-22 criteria provided by rule of the State Board of Education.
223-23 (c) When the requirements of Subsection (b) <of this
223-24 section> are fulfilled, the president of the board of trustees may
223-25 execute an oil or <and/or> gas lease or sell, exchange, and convey
223-26 the minerals<, or any part thereof, in land belonging to the school
223-27 district to any person upon the terms which the trustees deem
224-1 advisable and which the commissioner of education approves>. The
224-2 mineral deed or lease shall recite the approval of the commissioner
224-3 <of education> and the resolution of the board authorizing the
224-4 sale.
224-5 (d) If the district has outstanding bonds, the proceeds of
224-6 the sale shall be applied to the sinking fund account of the
224-7 district. If the district does not have <has no> outstanding
224-8 bonds, the district shall use the proceeds <shall be used> for the
224-9 purchase of necessary grounds or the construction or repairing of
224-10 school buildings or deposit the proceeds <deposited> to the <local>
224-11 maintenance <school> fund of the district.
224-12 (e) A sale or lease <Any and all sales or leases of mineral
224-13 heretofore> made before September 1, 1969, by any independent
224-14 school district <districts> in substantial compliance with <the
224-15 provisions of> this section, if <when such sales or leases have
224-16 been> made with the consent of the State Board of Education or the
224-17 chief administrative officer of the public schools of this state
224-18 after being <the same have been> authorized by the trustees of the
224-19 <independent school> district, is <shall> not <be> invalid by
224-20 reason of any lack of authority to make and enter into the sale or
224-21 lease <such sales and leases>.
224-22 Sec. 12.104 <23.30>. Sale of Property Other Than Minerals.
224-23 (a) The board of trustees of any independent school district may,
224-24 by resolution, authorize the sale of any property, other than
224-25 minerals, held in trust for public <free> school purposes.
224-26 (b) The president of the board of trustees shall execute a
224-27 <his> deed to the purchaser of the property <such> reciting
225-1 <therein> the resolution of the board of trustees authorizing the
225-2 sale.
225-3 (c) The district shall use the proceeds of the <such> sale
225-4 <shall be used> for purchasing <the purchase of> more convenient
225-5 and more desirable school property or for constructing <the
225-6 construction> or repairing <of> school buildings or shall deposit
225-7 the proceeds <deposited> to the credit of the <local> maintenance
225-8 fund of the district.
225-9 (d) A sale <Any and all sales> of a school building <houses,
225-10 buildings> or land <lands heretofore> made before September 1,
225-11 1969, by any independent school district in substantial compliance
225-12 with <the provisions of> this section, after being <same has been>
225-13 authorized by the trustees of the <independent school> district, is
225-14 <shall> not <be> invalid by reason of any lack of authority to make
225-15 and enter into the sale <such sales>.
225-16 (e) A school district may employ, retain, contract with, or
225-17 compensate a licensed real estate broker or salesperson <salesman>
225-18 for assistance in the acquisition or sale of real property.
225-19 Sec. 12.105 <23.31>. Eminent Domain. (a) All independent
225-20 school districts may, <except those covered in Section 17.26 of
225-21 this code, shall have the power> by the exercise of the right of
225-22 eminent domain, <to> acquire the fee simple title to real property
225-23 for the purpose of securing sites on <upon> which to construct
225-24 school buildings or for any other purpose <which may be deemed>
225-25 necessary for the <independent school> district.
225-26 (b) In all <such> condemnations by a school district, the
225-27 trial and all other proceedings, including the assessing of
226-1 damages, shall be in conformity with the statutes of the state for
226-2 condemning and acquiring property by railroads.
226-3 (c) Whenever final judgment is rendered in a condemnation,
226-4 the plaintiff shall be awarded the fee simple title to the property
226-5 condemned <and thereafter have, hold, and possess such property in
226-6 fee simple title, with full power over the same including the right
226-7 of alienation>.
226-8 (d) If the school district desires to <should desire to
226-9 enter upon and> take possession of the property <sought> to be
226-10 condemned pending suit, it may do so at any time after the award of
226-11 the commissioners, on <upon> the following conditions:
226-12 (1) The district is <It shall> not <be> required to
226-13 give any bond <whatsoever>, but it must <shall> pay to the
226-14 defendant the amount of damages awarded or adjudged against it by
226-15 the commissioners or deposit that amount <the same in money> in
226-16 court subject to the order of the defendant, and the district shall
226-17 <also> pay the costs awarded against it.
226-18 (2) If on an appeal from the award of the
226-19 commissioners the judgment exceeds <shall exceed> the amount of the
226-20 award, the district, if it has <in the event it shall have>
226-21 previously taken possession of the property <condemned>, shall pay
226-22 the judgment and costs awarded against it, not later than the 60th
226-23 day after <within 60 days from> the date of the final judgment in
226-24 the case. If the school district fails to pay the judgment and
226-25 costs <and, upon its failure so to do>, the court shall on <upon>
226-26 application of the defendant determine <inquire> what damages, if
226-27 any, <have been suffered by> the defendant has suffered by reason
227-1 of the temporary possession by the plaintiff, <and> order those
227-2 damages <the same> paid out of the award deposited in court, and
227-3 order a writ of possession for the property in favor of the
227-4 defendant.
227-5 (3) If the final judgment on an <any such> appeal is
227-6 <shall be> less than the amount of the award of the commissioners,
227-7 the court shall order <adjudge> the excess to be returned to the
227-8 district.
227-9 (4) If the cause is <should be> appealed from the
227-10 decision of the county court, the appeal is <shall be> governed by
227-11 the law governing appeals in other cases, except that the judgment
227-12 of the county court is <shall> not <be> suspended by the appeal
227-13 <thereby>.
227-14 Sec. 12.106 <23.32>. Combined Occupancy Structures in
227-15 Certain Independent School Districts. (a) The board of trustees
227-16 of any independent school district having an average daily
227-17 attendance of more than 100,000 <according to the last preceding
227-18 scholastic census> may enter into an agreement with any person to
227-19 construct<, association of persons, firm, or corporation, for the
227-20 purpose of constructing> a combined occupancy structure over any
227-21 existing or proposed <independent> school district improvement.
227-22 (b) The board may sell or lease the air rights, condominium
227-23 property rights or interest, horizontal or vertical stratification
227-24 rights or interest, or any other possessory right or interest
227-25 relating <or any combination of the rights or interests, in
227-26 relation> to the existing or proposed improvement.
227-27 (c) The board may require any person<, association of
228-1 persons, firm, or corporation> that enters into an agreement with
228-2 the board under <pursuant to> this section to construct or cause to
228-3 be constructed any portion of the combined occupancy structure,
228-4 including that portion that <which> is to be occupied by the
228-5 <independent> school district. The portion constructed or caused
228-6 to be constructed by the person must<, association of persons,
228-7 firm, or corporation, shall> be constructed in compliance with all
228-8 terms<, conditions,> and restrictions imposed by the board. For
228-9 <the> purposes of this section, only the board may determine
228-10 whether the portion of the combined occupancy structure not
228-11 intended for the occupancy of the <independent> school district is
228-12 being constructed or has been constructed in compliance with the
228-13 terms<, conditions,> and restrictions imposed.
228-14 (d) If the agreement calls for the board to construct the
228-15 combined occupancy structure, Section 44.031 <21.901 of this code>
228-16 and all other applicable laws <shall> apply to the construction.
228-17 (e) Any portion of the combined occupancy structure that
228-18 <which> is owned or leased by any person is<, association of
228-19 persons, firm, or corporation shall be> subject to all applicable
228-20 state and local taxes<,> and is <shall> not for any purpose <be>
228-21 considered the property of the <independent> school district.
228-22 (f) Notwithstanding any other provision of this section, the
228-23 portion of the combined occupancy structure that <which> is
228-24 occupied and used by the <independent> school district is <shall>
228-25 for all purposes <be> considered the property of the district.
228-26 (g) The board may call an election to authorize the issuance
228-27 of bonds for the purpose of providing funds to finance the
229-1 construction of the portion of the combined occupancy structure
229-2 that <which> the <independent> school district is obligated by
229-3 agreement to construct. The board may allocate the income from the
229-4 sale or lease of property rights as authorized by this section to
229-5 retire the bonds authorized by this subsection. The bond election
229-6 and the issuance and sale of the bonds are <shall be> governed by
229-7 all applicable laws <applicable thereto>.
229-8 (h) The board shall publish notice of a public hearing
229-9 concerning the construction of a proposed combined occupancy
229-10 structure before entering into any agreement for the construction
229-11 <of the structure>. Notice of the hearing shall be published not
229-12 later than the 10th day or earlier than the 20th day <less than 10
229-13 days nor more than 20 days> before the date of the hearing in two
229-14 newspapers having general circulation in the <independent> school
229-15 district. The notice of the hearing must <shall> contain a summary
229-16 of the proposed action of the board.
229-17 Sec. 12.107 <21.903>. Donations to the Public Schools.
229-18 (a) All conveyances, devises, and bequests of property for the
229-19 benefit of the public schools made by anyone for any county,
229-20 municipality <city, town>, or district shall, if <when> not
229-21 otherwise directed by the donor <grantor or devisor>, vest the
229-22 property in the county school trustees, the board of trustees of
229-23 the municipality <city, town,> or district, or their successors in
229-24 office as trustees for those to be benefited by the donation
229-25 <thereby>.
229-26 (b) The funds or other property donated or the income from
229-27 the property <therefrom> may be spent <expended> by the trustees:
230-1 (1) for any purpose designated by the donor <so long
230-2 as> that <purpose> is in keeping with the lawful purposes of the
230-3 schools for the benefit of which the donation was made; or
230-4 (2) for any legal purpose if a <authorized by rule of
230-5 the State Board of Education in the event that no> specific purpose
230-6 is not designated by the donor.
230-7 Sec. 12.108 <23.34>. Contracts for Educational Services.
230-8 The board of trustees of an independent school district may
230-9 contract with a public or private entity for that entity to provide
230-10 educational services for the district.
230-11 Sec. 12.109 <20.53>. Authority to Charge Fees. (a) The
230-12 board of trustees of a <A> school district may <board is authorized
230-13 to> require payment of <fees in the following areas>:
230-14 (1) a fee for materials used in any program in which
230-15 <where> the resultant product in excess of minimum requirements
230-16 becomes, <and> at the student's <pupil's> option, <becomes> the
230-17 personal property of the student <pupil>, if the fee does not <to>
230-18 exceed the cost of materials;
230-19 (2) membership dues in student organizations or clubs
230-20 and admission fees or charges for attending extracurricular
230-21 activities, if <when> membership or attendance is voluntary;
230-22 (3) a security deposit for the return of materials,
230-23 supplies, or equipment;
230-24 (4) a fee for personal physical education and athletic
230-25 equipment and apparel, although any student <pupil> may provide the
230-26 student's <his or her> own equipment or apparel if it meets
230-27 reasonable requirements and standards relating to health and safety
231-1 established by the <school> board;
231-2 (5) a fee for items of personal use or products that
231-3 <which> a student may purchase at the student's <his or her own>
231-4 option, such as student publications, class rings, annuals, and
231-5 graduation announcements;
231-6 (6) a fee <fees> specifically permitted by any other
231-7 statute;
231-8 (7) a fee for an <any> authorized voluntary student
231-9 health and accident benefit plan;
231-10 (8) a reasonable fee, not to exceed the actual annual
231-11 maintenance cost, for the use of musical instruments and uniforms
231-12 owned or rented by the district;
231-13 (9) a fee for items of personal apparel that <which>
231-14 become the property of the student and that <which> are used in
231-15 extracurricular activities;
231-16 (10) a parking fee or a fee <fees and fees> for an
231-17 identification card <cards>;
231-18 (11) a fee for a driver training course <courses>,
231-19 <provided that such fees shall> not to exceed the actual district
231-20 cost per student in the program <such programs> for the current
231-21 school year<. These fees shall be limited to the direct costs of
231-22 the program as determined by the State Board of Education>; or
231-23 (12) a fee for a course <courses> offered for credit
231-24 that requires <where the activity necessitates> the use of
231-25 facilities not available on the school premises, if <and>
231-26 participation in the course is at the student's option <optional on
231-27 the part of the student>.
232-1 (b) The <A school> board may <is> not <authorized to> charge
232-2 fees for <in the following areas>:
232-3 (1) textbooks, workbooks, laboratory supplies, or
232-4 other supplies necessary for participation in any instructional
232-5 course except as authorized under this code;
232-6 (2) field trips <which are> required as a part of a
232-7 basic education program or course;
232-8 (3) any specific form of dress necessary for any
232-9 required educational program or diplomas;
232-10 (4) the payment of instructional costs for necessary
232-11 school personnel employed in any course or educational program
232-12 required for graduation;
232-13 (5) library books required to be used <utilized> for
232-14 any educational course or program, other than <except that> fines
232-15 <may be assessed> for lost, damaged, or overdue books;
232-16 (6) admission to <fees, dues, or fees for> any
232-17 activity the student <pupil> is required to attend as a
232-18 prerequisite to graduation;
232-19 (7) <any> admission to or examination in <cost for>
232-20 any required educational course or program; or
232-21 (8) lockers.
232-22 (c) <The State Board of Education pursuant to administrative
232-23 procedures and consistent with the general policy of this state
232-24 shall have the power to specify further authorized and prohibited
232-25 fees and to adopt rules and regulations for the purposes of such
232-26 policies.>
232-27 <(d)> Students may be required to furnish personal or
233-1 consumable items, including pencils, paper, pens, erasers, and
233-2 notebooks.
233-3 (d) <(e)> This section does not preclude the operation of a
233-4 school store in which students <wherein pupils> may purchase school
233-5 supplies and materials.
233-6 (e) <(f)> A school district shall adopt reasonable
233-7 procedures for waiving a deposit or fee if a student or the
233-8 student's <pupil and his or her> parent or guardian is unable to
233-9 pay it. This policy shall be posted in a central location in each
233-10 school facility, in the school policy manual, and in the student
233-11 handbook.
233-12 (f) <(g)> This section does <shall> not <be construed to>
233-13 prohibit a school board from charging reasonable fees for goods and
233-14 services provided in connection with any postsecondary
233-15 instructional program, including <but not limited to>
233-16 vocational-technical, adult, veterans' <veterans>, continuing
233-17 education, community service <services>, evening school, and
233-18 general educational development programs.
233-19 Sec. 12.110 <23.33>. Member Training and Orientation.
233-20 (a) <The State Board of Education shall adopt statewide standards
233-21 for the duties of a school board member as criteria to be used to
233-22 develop board member training.>
233-23 <(b) Copies of the standards shall be sent to the president
233-24 of each local school board on an annual basis, and local board
233-25 members shall participate in training activities consistent with
233-26 the statewide standards.>
233-27 <(c)> The State Board of Education shall <may> provide for a
234-1 training course for school district trustees to be offered by the
234-2 regional education service centers and may approve private
234-3 organizations to offer courses <following the board's review of an
234-4 outline of the proposed courses to determine its conformity with
234-5 the statewide standards>. Registration for a course offered
234-6 through service centers must be open to any interested person,
234-7 including current and prospective board members, and the state
234-8 board may prescribe a registration fee designed to offset the costs
234-9 of providing that course.
234-10 (b) A new trustee must complete a minimum of seven hours of
234-11 training. A trustee who has previously received at least seven
234-12 hours of training is not required to take an additional course.
234-13 <(d) Each accredited course must issue a certificate of
234-14 completion to each person successfully completing the course.>
234-15 Sec. 12.111 <21.006>. CHANGE OF SCHOOL DISTRICT NAME <NAMES
234-16 OF SCHOOL DISTRICTS>. (a) The <Whenever the board of trustees of
234-17 any school district in this state shall determine that the name of
234-18 the district should be changed or amended by adding or deleting any
234-19 word or words therefrom or any name or names of cities or towns,
234-20 the> board of trustees may, by resolution, change the name of the
234-21 school district.
234-22 (b) The board shall give notice <Notice> of the change in
234-23 name of the district <shall be given to the Central Education
234-24 Agency> by sending to the commissioner <of education> a copy of the
234-25 resolution, attested by the president and secretary of the board
234-26 <of trustees of the school district>. The district, under its
234-27 changed name, is considered <shall be deemed to be> a continuation
235-1 of the district, as formerly named, for all purposes.
235-2 Sec. 12.112 <2.11>. Frivolous Suit. (a) In a civil suit,
235-3 except as provided by Subsection (b) <of this section>, against a
235-4 school district or <against> an <employee or> officer of a school
235-5 district acting under color of <the> office <or employment>, the
235-6 court may award costs and reasonable attorney's <attorneys'> fees
235-7 if:
235-8 (1) the court finds that the suit is frivolous,
235-9 unreasonable, and without foundation; and
235-10 (2) the suit is dismissed or judgment is for the
235-11 defendant.
235-12 (b) This section applies only to suits brought under state
235-13 law. This section does not apply to a suit:
235-14 (1) <suits> under the workers' compensation law;
235-15 (2) <, suits> based on civil rights violations; or
235-16 (3) arising out of the death of a person<, personal
235-17 injury or death actions, or suits challenging the validity of
235-18 school district policies>.
235-19 (Sections 12.113-12.150 reserved for expansion
235-20 SUBCHAPTER D. EMPLOYMENT
235-21 POWERS AND DUTIES
235-22 Sec. 12.151. EMPLOYMENT POLICY. (a) The board of trustees
235-23 of each school district shall adopt a policy providing for the
235-24 employment of district personnel. The employment policy must
235-25 provide that:
235-26 (1) the superintendent has sole authority to make
235-27 recommendations to the board regarding the selection of all
236-1 personnel other than the superintendent, unless final authority for
236-2 those decisions is delegated to the superintendent;
236-3 (2) the superintendent has sole authority to initiate
236-4 the termination or suspension of an employee or the nonrenewal of
236-5 an employee's term contract; and
236-6 (3) each principal must approve each teacher or staff
236-7 appointment to the principal's campus as provided by Section
236-8 12.182.
236-9 (b) The board of trustees may accept or reject the
236-10 superintendent's recommendation regarding the selection of district
236-11 personnel. If the board rejects the superintendent's
236-12 recommendation, the superintendent shall make alternative
236-13 recommendations until the board accepts a recommendation.
236-14 (c) The employment policy may:
236-15 (1) specify the terms of employment with the district;
236-16 or
236-17 (2) delegate to the superintendent the authority to
236-18 determine the terms of employment with the district.
236-19 Sec. 12.152. DUTIES OF PROFESSIONAL EMPLOYEES. (a) The
236-20 board of trustees of each school district shall adopt policies
236-21 specifying the duties of each professional employee. The board
236-22 shall assign positions of employment to meet the specific needs of
236-23 the district.
236-24 (b) In this section, "professional employee" includes:
236-25 (1) a superintendent, principal, classroom teacher,
236-26 supervisor, or counselor;
236-27 (2) a student in an education preparation program
237-1 participating in a field experience or internship; and
237-2 (3) any other person whose employment requires
237-3 certification and the exercise of discretion.
237-4 Sec. 12.153 <13.218>. STANDARDS OF CONDUCT. A <LOCAL
237-5 AUTHORITY. Nothing in this subchapter shall abridge the right of
237-6 any duly elected> board of trustees may establish <of any
237-7 independent school district to hire or dismiss any teacher, nor
237-8 shall a board be prohibited from establishing> any standard of
237-9 conduct to be expected of any educator. <teacher. Provided,
237-10 however, the superintendent or other person designated by the
237-11 school board shall notify the commission of any teacher dismissed
237-12 for the violation of the code of ethics and standard practices
237-13 established by a school board.>
237-14 Sec. 12.154 <21.916>. Use of Private Employment Agencies.
237-15 (a) A private employment agency may not place an employee in a
237-16 school district if an owner or operator of the agency is related
237-17 within the third degree by consanguinity or within the second
237-18 degree by affinity, as determined under Subchapter B, Chapter 573,
237-19 Government Code <Article 5996h, Revised Statutes>, to a member of
237-20 the board of trustees of the school district or to an administrator
237-21 who has authority to make decisions relating to employment
237-22 practices in the district.
237-23 (b) A school district may not <cannot> contract with a
237-24 private employment agency as a sole method of employment
237-25 procurement.
237-26 Sec. 12.155 <21.939>. Legislative Lobbyist or Liaison;
237-27 Prohibition. (a) A school district may not employ a person who is
238-1 required to register under Chapter 305, Government Code, by virtue
238-2 of the person's activities on behalf of the school district.
238-3 (b) A school district may not employ a person whose primary
238-4 duties are activities related to proposed legislation or
238-5 administrative action, including supplying information to members
238-6 of the legislative or executive branch, obtaining information from
238-7 members of the legislative or executive branch, monitoring the
238-8 progress of proposed legislation or administrative action, or
238-9 acting as an advocate or proponent of proposed legislation or
238-10 administrative action.
238-11 (c) A school district that employs a person in violation of
238-12 this section is liable to this state for a civil penalty in an
238-13 amount equal to three times the total compensation the district has
238-14 paid to that person. The attorney general may sue to collect the
238-15 penalty.
238-16 (d) If a civil penalty is imposed against a school district
238-17 under this section, the commissioner <of education> shall reduce
238-18 the amount allocated to the district from the foundation school
238-19 fund in an amount equal to the compensation paid by the district to
238-20 the person employed in violation of this section.
238-21 (Sections 12.156-12.180 reserved for expansion
238-22 SUBCHAPTER E <F>. SUPERINTENDENTS
238-23 AND PRINCIPALS
238-24 Sec. 12.181 <13.351>. Superintendents. (a) The
238-25 superintendent is the educational leader and the chief executive
238-26 officer <administrative manager> of the school district.
238-27 (b) A school district must employ a superintendent under a
239-1 contract under which the superintendent serves at the will of the
239-2 board of trustees. <The qualifications for certification as a
239-3 superintendent must be sufficiently flexible so that an outstanding
239-4 educator may qualify by substituting approved experience and
239-5 professional training for part of the educational requirements.>
239-6 (c) The term of a superintendent's employment contract may
239-7 not exceed five years.
239-8 (d) A school district may not agree to pay a superintendent
239-9 severance pay equivalent to more than 12 months' salary if the
239-10 district dismisses the superintendent before the end of the
239-11 contract term. A district that enters into an agreement prohibited
239-12 by this subsection is ineligible to receive foundation school
239-13 program funds for the school year following the school year in
239-14 which the agreement is entered into.
239-15 (e) The duties of the superintendent include:
239-16 (1) assuming administrative responsibility and
239-17 leadership for the planning, operation, supervision, and evaluation
239-18 of the education programs, services, and facilities of the district
239-19 and for the annual performance appraisal of the district's staff;
239-20 (2) assuming administrative authority and
239-21 responsibility for the assignment and evaluation of all personnel
239-22 of the district other than the superintendent;
239-23 (3) <and> making recommendations regarding the
239-24 selection<, promotion, and dismissal> of <such> personnel of the
239-25 district other than the superintendent, as provided by Section
239-26 12.151 <, except as provided by Section 13.352 of this code>;
239-27 (4) initiating the termination or suspension of an
240-1 employee or the nonrenewal of an employee's term contract;
240-2 (5) <(3)> managing the day-to-day operations of the
240-3 district as its administrative manager <chief executive officer>;
240-4 (6) preparing and submitting to the board of trustees
240-5 <(4) as directed by local board policy, causing to be prepared> a
240-6 proposed budget covering all estimated revenue and proposed
240-7 expenditures of the district for the next succeeding fiscal year,
240-8 according to generally accepted accounting principles, rules
240-9 adopted by the State Board of Education, and adopted policies of
240-10 the board of trustees;
240-11 (7) <(5)> preparing recommendations for policies to be
240-12 adopted by the board of trustees and overseeing the implementation
240-13 of adopted policies;
240-14 (8) <(6)> developing or causing to be developed
240-15 appropriate administrative regulations to implement policies
240-16 established by the board of trustees;
240-17 (9) <(7)> providing leadership for the attainment of
240-18 student performance in the district based on the indicators adopted
240-19 under Section 39.051 <35.041> and other indicators <as may be>
240-20 adopted by the State Board of Education or the district's board of
240-21 trustees;
240-22 (10) organizing the district's central administration;
240-23 and
240-24 (11) <(8)> performing any other duties assigned by
240-25 action of the board of trustees.
240-26 Sec. 12.182 <13.352>. Principals. (a) The principal of a
240-27 school is the instructional leader of the school and shall be
241-1 provided with adequate training and personnel assistance to assume
241-2 that role. <Within guidelines established by each district
241-3 administration, the principal shall organize the leadership
241-4 structure in each school by using senior and master teachers and
241-5 school administrators to develop instrumental teams.>
241-6 (b) <The qualification for certification as a principal must
241-7 be sufficiently flexible so that an outstanding teacher may qualify
241-8 by substituting approved experience and professional training for
241-9 part of the educational requirements. Supervised and approved
241-10 on-the-job experience in addition to required internship shall be
241-11 accepted in lieu of classroom hours. The qualifications for
241-12 certification as a principal shall emphasize:>
241-13 <(1) instructional leadership;>
241-14 <(2) administration, supervision, and communication
241-15 skills;>
241-16 <(3) curriculum and instruction management;>
241-17 <(4) performance evaluation;>
241-18 <(5) organization; and>
241-19 <(6) fiscal management.>
241-20 <(c) An employment contract for a principal must be for
241-21 either 11 or 12 months so that the principal has adequate time for
241-22 planning and preparation.>
241-23 <(d)> Each principal shall:
241-24 (1) except as provided by Subsection (d), approve all
241-25 teacher and staff appointments for that principal's campus from a
241-26 pool of applicants selected by the district or of applicants who
241-27 meet the hiring requirements established by the district, based on
242-1 criteria developed by the principal after informal consultation
242-2 with the faculty;
242-3 (2) set specific education objectives for the
242-4 principal's <his> campus, through <involving staff in> the planning
242-5 process under Section 12.202;
242-6 (3) develop budgets for the principal's <his> campus;
242-7 (4) assume the administrative responsibility and
242-8 instructional leadership, under the supervision of the
242-9 superintendent, for discipline at the campus;
242-10 (5) assign, evaluate, and promote personnel assigned
242-11 to the campus;
242-12 (6) recommend to the superintendent the termination or
242-13 suspension of an employee assigned to the campus or the nonrenewal
242-14 of the term contract of an employee assigned to the campus; and
242-15 (7) perform other duties assigned by the
242-16 superintendent pursuant to the policy of the board of trustees.
242-17 <work with school professionals to prepare individual development
242-18 plans; and>
242-19 <(5) attend in-service training relating to making
242-20 district level decisions provided under Section 13.049(b) of this
242-21 code.>
242-22 <(e) The board of trustees of each district shall adopt a
242-23 policy that provides for selected principals to periodically give
242-24 verbal reports to the board.>
242-25 (c) <(f)> The board of trustees of a school district shall
242-26 adopt a policy for the selection of a campus principal that
242-27 includes qualifications required for that position.
243-1 (d) The superintendent or the person designated by the
243-2 superintendent has final placement authority for a teacher
243-3 transferred because of enrollment shifts or program changes in the
243-4 district.
243-5 <Sec. 21.913. DUTIES OF PUBLIC SCHOOL PRINCIPALS.
243-6 (a) Public school principals, who shall hold valid administrative
243-7 certificates, shall be responsible for:>
243-8 <(1) assuming administrative responsibility and
243-9 instructional leadership, under the supervision of the
243-10 superintendent, for discipline, and the planning, operation,
243-11 supervision, and evaluation of the educational program of the
243-12 membership area in which he is assigned;>
243-13 <(2) submitting recommendations to the superintendent
243-14 concerning assignment, evaluation, promotion, and dismissal of all
243-15 personnel assigned to the membership center; and>
243-16 <(3) performing any other duties assigned by the
243-17 superintendent pursuant to school board policy.>
243-18 <(b) Nothing herein shall be construed as a limitation on
243-19 the powers, responsibilities, and obligations of the school board
243-20 as now prescribed by law.>
243-21 (Sections 12.183-12.200 reserved for expansion
243-22 SUBCHAPTER G. DISTRICT-LEVEL AND
243-23 SITE-BASED DECISION MAKING
243-24 Sec. 12.201 <21.930>. DISTRICT-LEVEL DECISION PROCESS. (a)
243-25 The board of trustees of each school district shall adopt a policy
243-26 to involve the professional staff of the district in establishing
243-27 and reviewing the district's educational goals, objectives, and
244-1 major district-wide classroom instructional programs.
244-2 (b) The board shall establish a procedure under which
244-3 meetings are held regularly with representative professional staff
244-4 and the board or board designee.
244-5 (c) The board shall adopt a procedure, consistent with
244-6 Section 21.408(a) <21.904(a) of this code>, for the professional
244-7 staff in <within> the district to nominate and elect the
244-8 representatives who will meet with the board or the board's <board>
244-9 designee as required under <the provisions of> this section.
244-10 Two-thirds of the elected representatives must be classroom
244-11 teachers. The remaining representatives must <shall> be
244-12 campus-based staff.
244-13 (d) This section does not prohibit the board from conducting
244-14 meetings with teachers or groups of teachers other than the
244-15 meetings described by this section.
244-16 (e) This <Nothing in this> section may not <shall> be
244-17 construed to limit or affect the power of a <local school> board of
244-18 trustees to <manage and> govern and oversee the management of the
244-19 public <free> schools of the district <this state>.
244-20 (f) This <Nothing in this> section does not create <shall be
244-21 construed as creating> a new cause of action or require <as
244-22 requiring> collective bargaining.
244-23 (g) A superintendent who intentionally fails to implement or
244-24 who intentionally obstructs the implementation of the
244-25 district-level decision process is subject to discipline by the
244-26 State Board for Educator Certification as provided by Chapter 21.
244-27 <Each district shall annually report to the Central Education
245-1 Agency the involvement of the district's professional staff in
245-2 district-level decisions under the policy and procedures adopted
245-3 under this section. The agency shall compile the district reports
245-4 into a single report and present that report annually to the
245-5 legislature.>
245-6 (h) The professional staff elected under this section shall
245-7 hold at least one public meeting per year. The required meeting
245-8 shall be held after receipt of the annual district performance
245-9 report from the agency <Central Education Agency> for the purpose
245-10 of discussing the performance of the district and the district
245-11 performance objectives.
245-12 Sec. 12.202 <21.931>. SITE-BASED DECISION MAKING. (a) Each
245-13 school district shall develop and implement a plan for site-based
245-14 decision making <not later than September 1, 1992>. Each district
245-15 shall submit its plan to the commissioner <of education> for
245-16 approval.
245-17 (b) Each district's plan:
245-18 (1) shall establish school committees;
245-19 (2) may expand on the process established by the
245-20 district under Section 12.203 <21.7532 of this code> for the
245-21 establishment of campus performance objectives; <and>
245-22 (3) shall definitively outline the role of the school
245-23 committees regarding decision making related to goal setting,
245-24 curriculum, budgeting, staffing patterns, staff development, and
245-25 school organization; and
245-26 (4) may definitively outline the role of the school
245-27 committees in other areas determined by the board of trustees.
246-1 (c) A school committee established under this section shall
246-2 include at least two parents, at least two community residents, and
246-3 at least two business representatives. In this subsection:
246-4 (1) "Business representative" means a community
246-5 resident who is the owner, operator, or representative of a
246-6 business in the immediate vicinity of the school.
246-7 (2) "Community resident" means a person who:
246-8 (A) is at least 18 years of age;
246-9 (B) resides in the attendance area of the
246-10 school;
246-11 (C) is not a parent of a student enrolled in the
246-12 school; and
246-13 (D) is not an employee of the school or the
246-14 school district.
246-15 (3) "Parent" means a person who:
246-16 (A) is a parent of or person standing in
246-17 parental relation to a student enrolled in the school; and
246-18 (B) is not an employee of the school or the
246-19 school district <community representatives. The community
246-20 representatives may include business representatives>.
246-21 (d) The commissioner may not approve a plan that the
246-22 commissioner determines contains one or more provisions that may be
246-23 construed as limiting or affecting the power of the board of
246-24 trustees of the school district to govern and oversee the
246-25 management of <manage> the district or as limiting the
246-26 responsibilities of the trustees.
246-27 (e) The commissioner shall identify or make available to
247-1 school districts various models for implementing site-based
247-2 decision making under this section <not later than January 1,
247-3 1992>. The commissioner shall arrange for training in site-based
247-4 decision making through one or more sources for school board
247-5 trustees, superintendents, principals, teachers, parents, and other
247-6 members of school committees.
247-7 (f) This <Nothing in this> section does not create <may be
247-8 construed as creating> a new cause of action or require <as
247-9 requiring> collective bargaining.
247-10 (g) Each school committee shall hold at least one public
247-11 meeting per year. The required meeting shall be held after receipt
247-12 of the <annual> campus performance rating from the agency <Central
247-13 Education Agency> for the purpose of discussing the performance of
247-14 the campus and the campus performance objectives.
247-15 (h) A principal shall regularly consult the school committee
247-16 in the planning, operation, supervision, and evaluation of the
247-17 campus educational program.
247-18 (i) A principal who intentionally fails to implement or who
247-19 intentionally obstructs the implementation of the site-based
247-20 decision making is subject to discipline by the State Board for
247-21 Educator Certification as provided by Chapter 21.
247-22 Sec. 12.203 <21.7532>. CAMPUS PERFORMANCE OBJECTIVES. <(a)>
247-23 For each school year, the school committee established under
247-24 Section 12.202 <principal of each school campus, with the
247-25 assistance of parents, community residents, and the professional
247-26 staff of the school as provided for through the procedure
247-27 established in Section 21.930 of this code,> shall establish
248-1 academic and other performance objectives of the campus for each
248-2 academic excellence indicator adopted under Section 39.051 <21.7531
248-3 of this code>. The objectives shall also address the performance
248-4 of special needs students. The objectives must be approved by the
248-5 district's board of trustees.
248-6 <(b) In this section "parent" means a person who is a parent
248-7 of or person standing in parental relation to a student enrolled at
248-8 a school and who is not an employee of the school or the school
248-9 district; "community resident" means a person 18 years of age or
248-10 older residing in the attendance area of a school but does not
248-11 include a person who is a parent of a student enrolled in that
248-12 school or a person who is an employee of the school or the school
248-13 district.>
248-14 Sec. 12.204 <21.938>. DISTRICT AND CAMPUS PLANNING PROCESS.
248-15 (a) The board of trustees of each school district shall develop a
248-16 district and campus planning process, using <utilizing> the
248-17 procedures established in Sections 12.201 and 12.202 <35.041,
248-18 21.930, and 21.931>, under which the board shall adopt a report
248-19 detailing a plan for the district and plans for each campus.
248-20 (b) Each district's report shall include a current analysis
248-21 of student performance based on the academic excellence indicators
248-22 adopted under Section 39.051 <35.041>, campus performance
248-23 objectives established under Section 12.203 <21.7532>, and other
248-24 measures of student performance the board determines. The report
248-25 <and> shall include provisions for:
248-26 (1) addressing the needs of district students for
248-27 special programs, such as suicide prevention or dyslexia treatment
249-1 programs;
249-2 (2) requiring the school committee established under
249-3 Section 12.202 <principal of each campus, with the assistance of
249-4 parents and guardians of the school's students, other adults in the
249-5 attendance area, and the professional staff of the school,> to
249-6 establish a campus plan consistent with Sections 12.202 and 12.203
249-7 <21.7532 and 21.931>;
249-8 (3) dropout reduction;
249-9 (4) integration of technology in instructional and
249-10 administrative programs;
249-11 (5) discipline management;
249-12 (6) staff development for professional staff of the
249-13 district;
249-14 (7) career education to assist students in developing
249-15 the knowledge, skills, and competencies necessary for a broad range
249-16 of career opportunities;
249-17 (8) compensatory and remedial education as required by
249-18 Section 29.081 <21.557>; and
249-19 (9) other information the board considers useful.
249-20 (c) In the district and campus plan or in another manner
249-21 permitted by federal law, the board shall address any federal
249-22 planning requirements.
249-23 (d) A district report is not filed with the agency <Central
249-24 Education Agency>, but the district must make the report available
249-25 to the agency on request.
249-26 CHAPTER 13 <19>. SCHOOL DISTRICT ORGANIZATION
249-27 <CREATION, CONSOLIDATION, AND ABOLITION OF SCHOOL DISTRICTS>
250-1 SUBCHAPTER A. GENERAL PROVISIONS
250-2 Sec. 13.001 <19.001>. Definitions. In this chapter:
250-3 (1) "School district" includes an independent school
250-4 district, a home-rule <common> school district, and a
250-5 special-purpose <rural high> school district.
250-6 (2) <"Common school district" includes a rural high
250-7 school district.>
250-8 <(3)> "Membership" means the number of students
250-9 enrolled in <pupils on the roll of> a school district as of a given
250-10 date.
250-11 Sec. 13.002 <19.002>. Permitted Frequency of Proposed
250-12 Actions. (a) If at an election on a proposition under this
250-13 chapter the majority of the votes are cast against the proposition,
250-14 another election for the same purpose may not be held earlier than
250-15 the corresponding uniform election date three years after the date
250-16 of the first election. If a majority of the votes are cast in
250-17 favor of the proposition, an election to reverse the effects of the
250-18 first election may not be held earlier than the corresponding
250-19 uniform election date three years after the date of the first
250-20 election.
250-21 (b) If, without an election, an action under this chapter
250-22 occurs on the order or ordinance of an authority acting in response
250-23 to a petition and the petitioners' request is rejected, that
250-24 authority may not consider a subsequent petition on the same
250-25 request earlier than three years after the date on which the
250-26 request is rejected. If the request is granted and the order is
250-27 issued or the ordinance is adopted, a petition to reverse the
251-1 effects of the order or ordinance may not be considered by the
251-2 authority earlier than three years after the date of issuance or
251-3 adoption.
251-4 Sec. 13.003 <19.003>. Petition and Election. (a) Except as
251-5 otherwise provided by this chapter, this section governs:
251-6 (1) the validity of a petition submitted to request an
251-7 election under this chapter; and
251-8 (2) the conduct of the resulting election.
251-9 (b) To be valid, a petition must:
251-10 (1) be submitted to the county judge serving the
251-11 county in which the appropriate school district is located;
251-12 (2) be signed by at least 10 percent of the registered
251-13 voters of the appropriate district; and
251-14 (3) state the purpose for which it is being submitted.
251-15 (c) Immediately following receipt of a valid petition, the
251-16 county judge shall order the election to be held on an authorized
251-17 election date, as prescribed by Chapter 41 <Section 9b>, <Texas>
251-18 Election Code <(Article 2.01b, Vernon's Texas Election Code)>,
251-19 occurring not later than the 60th day after the date of receipt.
251-20 If an authorized date within that period does not allow sufficient
251-21 time to comply with other legal requirements or if there is no
251-22 authorized date within that period, the election shall be ordered
251-23 for the next authorized date.
251-24 (d) The election order must <shall> include the date of the
251-25 election, the hours during which the polls will be open, the
251-26 location of the polling places, and the proposition to be voted on.
251-27 (e) Not earlier than the 30th day or later than the 10th day
252-1 before election day, the county judge shall give notice of the
252-2 election by having a copy of the election order published at least
252-3 once in a newspaper published at least once each week in the
252-4 appropriate school district. If <no> such a newspaper is not
252-5 published in the district, the notice shall be published in at
252-6 least one newspaper of general circulation in the county in which
252-7 the district is located. The county judge shall give additional
252-8 notice of the election by having a copy of the election order
252-9 posted in a public place in each election precinct not later than
252-10 the 21st day before election day.
252-11 (f) The election precincts and polling places usually used
252-12 in the elections of the appropriate school district shall be used
252-13 in an election held under this chapter. To the extent practical,
252-14 the election shall be conducted in accordance with the Election
252-15 Code <general election laws>.
252-16 (g) <As soon as practical after the election, the
252-17 appropriate county commissioners court shall canvass the returns
252-18 and declare the result of the election.>
252-19 <(h)> The expenses of the election shall be paid by the
252-20 appropriate school district or districts.
252-21 Sec. 13.004 <19.004>. Allocation of Indebtedness and
252-22 Personal Property. (a) If under this chapter a school district
252-23 assumes a portion of the indebtedness of another district, the
252-24 commissioners court by order shall equitably allocate the
252-25 indebtedness among the districts involved. If territory from one
252-26 district is annexed to another or if a district is abolished, the
252-27 commissioners court shall also equitably allocate among the
253-1 receiving districts a portion of the personal property of the
253-2 annexed district or all the personal property of an abolished
253-3 district. If districts located in more than one county are
253-4 involved, the commissioners courts of each county in which an
253-5 involved school district is located must agree on the allocation of
253-6 indebtedness and personal property.
253-7 (b) In allocating the indebtedness and personal property,
253-8 the commissioners court shall consider the value of the properties
253-9 involved and the taxable value of the districts involved.
253-10 (c) The order of the commissioners court is binding on the
253-11 school districts and territory affected by the order.
253-12 (d) A school district required to assume the indebtedness of
253-13 another district under this chapter is not required to conduct an
253-14 election on assumption of the indebtedness. Without an election,
253-15 the school district assuming the indebtedness may levy and collect
253-16 taxes necessary to pay principal and interest on the assumed debt
253-17 so long as the debt is outstanding.
253-18 (e) Without an election, a school district may issue
253-19 refunding bonds for bonds of another district assumed under this
253-20 chapter.
253-21 (f) If an entire district is annexed to or consolidated with
253-22 another district, if a district is converted from a common to an
253-23 independent school district, or if a school district is separated
253-24 from a municipality <an incorporated city or town>, the governing
253-25 board of the district as changed may, without an election, sell and
253-26 deliver any unissued bonds voted in the district before <prior to>
253-27 the change, and may levy and collect taxes in the district as
254-1 changed for the payment of principal and interest on bonds.
254-2 Sec. 13.005 <19.005>. Effective Date of Transfer.
254-3 (a) Except as provided by this section, the annexation of all or
254-4 part of the territory of one district to another is effective on
254-5 the first July 1 that is more than 30 days after the date of the
254-6 order or ordinance accomplishing the annexation or of the
254-7 declaration of the results of an election at which the transfer is
254-8 approved.
254-9 (b) On the effective date of the transfer:
254-10 (1) students residing in the territory become
254-11 residents of the receiving district;
254-12 (2) title to property allocated to the receiving
254-13 district vests in the district;
254-14 (3) the receiving district assumes any debt allocated
254-15 to it; and
254-16 (4) the receiving district assumes jurisdiction of the
254-17 annexed territory for all other purposes.
254-18 (c) If the annexation is appealed to the commissioner <of
254-19 education> and is approved, the transfer is effective on a date set
254-20 by the commissioner that is not earlier than the 30th day after the
254-21 date of the commissioner's decision in the appeal. If the decision
254-22 of the commissioner is appealed to a district court in Travis
254-23 County, the transfer, if approved, is effective on a date set by
254-24 the court.
254-25 Sec. 13.006 <19.006>. Taxing Authority Transfer. (a) If
254-26 all or part of the territory of a school district is annexed to
254-27 another district, the receiving district may levy taxes at the rate
255-1 established in accordance with law for the district as a whole and
255-2 is not required to conduct an election for the purpose of taxing
255-3 the territory received.
255-4 (b) Conversion of a common school district or rural high
255-5 school district to an independent school district or separation
255-6 from municipal control does not affect the taxes levied for school
255-7 purposes. The new district may levy and collect taxes at the same
255-8 rate at which the taxes were previously levied and is not required
255-9 to conduct an election for that purpose.
255-10 Sec. 13.007 <19.007>. Boundary Changes Resulting in
255-11 Appraisal District Changes. (a) This section applies if all or
255-12 part of territory annexed to a school district is in an appraisal
255-13 district in which the receiving district does not participate.
255-14 (b) If before <prior to> the annexation the receiving
255-15 district is located in two or more counties and has chosen to
255-16 participate in a single appraisal district, the boundaries of that
255-17 appraisal district extend to include the annexed territory. For
255-18 the tax year in which the annexation is effective, the receiving
255-19 district may impose taxes on the basis of:
255-20 (1) the valuation arrived at by the appraisal district
255-21 in which the territory is located before the annexation; or
255-22 (2) the valuation arrived at by a reappraisal
255-23 requested by the receiving district, and conducted by the appraisal
255-24 district in which the receiving district participates, in the
255-25 manner prescribed by Section 25.18(c), Tax Code.
255-26 (c) If before <prior to> the annexation the receiving
255-27 district is in a single county or participates in more than one
256-1 appraisal district, the receiving district may choose to
256-2 participate in a single appraisal district in the manner prescribed
256-3 by Section 6.02, Tax Code, for a newly created district. For the
256-4 tax year in which the annexation is effective, the receiving
256-5 district shall impose taxes on the basis of the valuation arrived
256-6 at by the appraisal district in which the territory is located
256-7 before the annexation.
256-8 Sec. 13.008 <19.008>. District Trustee Approval of Boundary
256-9 Changes Required. Any change in the boundaries of a school
256-10 district is not effective unless approved by a majority of the
256-11 board of trustees of the district if the board's approval is
256-12 required under this chapter.
256-13 Sec. 13.009 <19.009>. Appeals. (a) A decision of a
256-14 commissioners court under this chapter may be appealed in the
256-15 manner prescribed by Section 7.105 <11.13 of this code>.
256-16 (b) If this chapter requires the agreement of or action by
256-17 two or more commissioners courts, and the commissioners courts fail
256-18 to agree or take action within a reasonable time set by rule of the
256-19 State Board of Education, a person aggrieved by the failure may
256-20 appeal to the commissioner <of education> for resolution of the
256-21 issue.
256-22 Sec. 13.010 <19.010>. Boundary Descriptions and Maps to be
256-23 Filed With Agency. (a) Each school district shall file with the
256-24 agency <Central Education Agency>:
256-25 (1) a complete and legally sufficient description of
256-26 the boundaries of the district;
256-27 (2) a map of the district that:
257-1 (A) is drawn to the county general highway maps
257-2 produced by the Texas Department of <Highways and Public>
257-3 Transportation or a similar map of sufficient detail to display the
257-4 names of visible features that the boundaries follow or to which
257-5 the boundaries are in close proximity; and
257-6 (B) is an accurate and legible representation of
257-7 the boundaries in relationship to other features on the map; and
257-8 (3) a list of voting precincts within the district,
257-9 separately listing those precincts wholly within the district and
257-10 those precincts only partly within the district.
257-11 (b) A school district shall amend the information and maps
257-12 on file under this section if the boundaries of the district change
257-13 or if any other change makes the information on file incomplete or
257-14 inaccurate.
257-15 (c) The State Board of Education may adopt rules necessary
257-16 to acquire and maintain maps and information under this section,
257-17 including rules specifying a uniform format for the maps and
257-18 information.
257-19 (d) The agency shall make maps and information maintained
257-20 under this section available to the legislature and legislative
257-21 agencies without cost.
257-22 (Sections 13.011-13.050 reserved for expansion
257-23 SUBCHAPTER B. DETACHMENT; ANNEXATION
257-24 Sec. 13.051 <19.021>. Enlarging Districts by Annexing Other
257-25 Districts. (a) The commissioners court of any county may create
257-26 enlarged districts by annexing one or more common school districts
257-27 or one or more independent school districts having fewer <less>
258-1 than 250 students in membership on the last day of the preceding
258-2 school year to an independent school district having 150 or more
258-3 students in membership on the last day of the preceding school
258-4 year. The annexation must be approved by a majority of the board
258-5 of trustees of each affected district.
258-6 (b) An enlarged district created under this section is an
258-7 independent school district.
258-8 (c) Title to property of each annexed district vests in the
258-9 enlarged district, and the enlarged district assumes and is liable
258-10 for the indebtedness of each annexed district.
258-11 (d) A decision of a board of trustees of a school district
258-12 relating to a change in the boundaries of a district under this
258-13 section may be appealed to the commissioner <of education> on the
258-14 grounds that the decision is adverse to the educational needs of
258-15 the students in the district. An appeal under this subsection is
258-16 de novo.
258-17 Sec. 13.052 <19.022>. Detachment and Annexation of
258-18 Territory. (a) In accordance with this section, territory may be
258-19 detached from a school district and annexed to another school
258-20 district that is contiguous to the detached territory. A petition
258-21 requesting the detachment and annexation must be presented to the
258-22 board of trustees of the district from which the territory is to be
258-23 detached and to the board of trustees of the district to which the
258-24 territory is to be annexed. Each board of trustees to which a
258-25 petition is required to be presented must conduct a hearing and
258-26 adopt a resolution as provided by this section for the annexation
258-27 to be effective.
259-1 (b) The petition requesting detachment and annexation must:
259-2 (1) be signed by a majority of the registered voters
259-3 residing in the territory to be detached from one district and
259-4 added to the other; and
259-5 (2) give the metes and bounds of the territory to be
259-6 detached from one district and added to the other.
259-7 (c) The proposed annexation must be approved by a majority
259-8 of the board of trustees of each affected district, subject to the
259-9 appeal provisions of Subsection (i) <of this section>.
259-10 (d) Unless the petition is signed by a majority of the
259-11 trustees of the district from which the territory is to be
259-12 detached, territory may not be detached from a school district
259-13 under this section if detachment would reduce that district's tax
259-14 base by a ratio at least twice as large as the ratio by which it
259-15 would reduce its membership. The first ratio is determined by
259-16 dividing the assessed value of taxable property in the affected
259-17 territory by the assessed value of all taxable property in the
259-18 district, both figures according to the preceding year's tax rolls.
259-19 The second ratio is determined by dividing the number of students
259-20 residing in the affected territory by the number of students
259-21 residing in the district as a whole, using membership on the last
259-22 day of the preceding school year and the students' places of
259-23 residence as of that date.
259-24 (e) A school district may not be reduced to an area of less
259-25 than nine square miles.
259-26 (f) Immediately following receipt of the petition as
259-27 required by this section, each of the affected boards of trustees
260-1 shall give notice of the contemplated change by publishing and
260-2 posting a notice in the manner required for an election order under
260-3 Section 13.003 <19.003 of this code>. The notice must specify the
260-4 place and date at which a hearing on the matter shall be held.
260-5 Unless the districts hold a joint hearing, the districts must hold
260-6 hearings on separate dates. At each hearing, affected persons are
260-7 entitled to an opportunity to be heard.
260-8 (g) At the hearing, each board of trustees shall consider
260-9 the educational interests of the students in the affected territory
260-10 and in the affected districts and the social, economic, and
260-11 educational effects of the proposed boundary change. After the
260-12 conclusion of the hearing, each board of trustees shall make
260-13 findings as to the educational interests of the students in the
260-14 affected territory and in the affected districts and as to the
260-15 social, economic, and educational effects of the proposed boundary
260-16 change and shall, on the basis of those findings, adopt a
260-17 resolution approving or disapproving the petition. The findings
260-18 and resolution shall be recorded in the minutes of each affected
260-19 board of trustees and shall be reported to the commissioners court
260-20 of the county to which the receiving district is assigned for
260-21 administrative purposes by the agency <Central Education Agency>
260-22 and to the commissioners court of the county to which the district
260-23 from which territory is to be detached is assigned for
260-24 administrative purposes.
260-25 (h) If both the boards of trustees of the affected districts
260-26 approve the petition, <then> the commissioners court or
260-27 commissioners courts to whom the matter is required to be reported
261-1 shall enter an order redefining the boundaries of the districts
261-2 affected by the transfer. Title to all real property of the
261-3 district from which territory is detached within the territory
261-4 annexed vests in the receiving district, and the receiving district
261-5 assumes and is liable for any portion of the indebtedness of the
261-6 district from which the territory is to be detached that is
261-7 allocated to the receiving district under Section 13.004 <19.004 of
261-8 this code>.
261-9 (i) If the board of trustees of either affected district
261-10 disapproves the petition, an aggrieved party to the proceedings in
261-11 either district may appeal the board's decision to the commissioner
261-12 <of education under Section 11.13 of this code>. An appeal under
261-13 this subsection is de novo. In deciding the appeal, the
261-14 commissioner shall consider the educational interests of the
261-15 students in the affected territory and the affected districts and
261-16 the social, economic, and educational effects of the proposed
261-17 boundary change.
261-18 Sec. 13.053 <19.0221>. Detachment and Annexation of Certain
261-19 Territory. (a) In addition to the method provided by Section
261-20 13.052 <19.022 of this code>, territory may be detached from a
261-21 school district and annexed to another school district that is
261-22 contiguous to the detached territory as provided by this section
261-23 if:
261-24 (1) the territory has no residents;
261-25 (2) the total taxable value of the property in the
261-26 territory according to the most recent certified appraisal roll for
261-27 each school district is not greater than:
262-1 (A) five percent of the district's taxable value
262-2 of all property in that district as determined under Subchapter M,
262-3 Chapter 403, Government Code <Section 11.86 of this code>; and
262-4 (B) $5,000 property value per student in average
262-5 daily attendance as determined under Section 42.005 <16.006 of this
262-6 code>; and
262-7 (3) the school district from which the property will
262-8 be detached does not own any real property located in the
262-9 territory.
262-10 (b) A petition requesting the detachment and annexation must
262-11 be presented to the board of trustees of the district from which
262-12 the territory is to be detached and to the board of trustees of the
262-13 district to which the territory is to be annexed. Each board of
262-14 trustees to which a petition is required to be presented must
262-15 conduct a hearing and adopt a resolution as provided by this
262-16 section for the annexation to be effective.
262-17 (c) The petition requesting detachment and annexation must:
262-18 (1) be signed by the surface owners of taxable
262-19 property, according to the most recent certified appraisal roll, in
262-20 the territory that is to be detached from one district and added to
262-21 the other; and
262-22 (2) include the metes and bounds of the territory to
262-23 be detached from one district and added to the other.
262-24 (d) The proposed annexation must be approved by a majority
262-25 of the board of trustees of each affected district, subject to the
262-26 appeal provisions of Subsection (i) <of this section>.
262-27 (e) A school district may not be reduced to an area of less
263-1 than nine square miles.
263-2 (f) Immediately following receipt of the petition under this
263-3 section, each of the affected boards of trustees shall give notice
263-4 of the contemplated change by publishing and posting a notice in
263-5 the manner required for an election order under Section 13.003
263-6 <19.003 of this code>. The notice must specify the place at which
263-7 and date on which a hearing on the matter will be held. Unless the
263-8 districts hold a joint hearing, the districts must hold hearings on
263-9 separate dates. At each hearing, affected persons are entitled to
263-10 an opportunity to be heard.
263-11 (g) At the hearing, each board of trustees shall consider
263-12 the educational interests of any future students expected to reside
263-13 in the affected territory and the educational interests of students
263-14 in the affected districts and the social, economic, and educational
263-15 effects of the proposed boundary change, as well as any material
263-16 adverse economic effect on taxable property in the affected
263-17 territory. After the conclusion of the hearing, each board of
263-18 trustees shall make findings as to the educational interests of any
263-19 future students expected to reside in the affected territory, the
263-20 educational interests of students in the affected districts, and
263-21 the social, economic, and educational effects of the proposed
263-22 boundary change and any material adverse economic effect on taxable
263-23 property in the affected territory and shall, on the basis of those
263-24 findings, adopt a resolution approving or disapproving the
263-25 petition. The findings and resolution must be recorded in the
263-26 minutes of each affected board of trustees and must be reported to
263-27 the commissioners court of the county to which the district from
264-1 which territory is to be detached is assigned for administrative
264-2 purposes by the agency <Central Education Agency>.
264-3 (h) If both boards of trustees of the affected districts
264-4 approve the petition, each commissioners court to whom the matter
264-5 is required to be reported shall enter an order redefining the
264-6 boundaries of the districts affected by the transfer.
264-7 (i) If the board of trustees of either affected district
264-8 disapproves the petition, an aggrieved party to the proceedings in
264-9 either district may appeal the board's decision to the commissioner
264-10 <of education under Section 11.13 of this code>. An appeal under
264-11 this subsection is de novo. In deciding the appeal, the
264-12 commissioner shall consider the educational interests of any future
264-13 students expected to reside in the affected territory, the
264-14 educational interests of students in the affected districts, and
264-15 the social, economic, and educational effects of the proposed
264-16 boundary change, as well as any material adverse economic effect on
264-17 taxable property in the affected territory.
264-18 (j) Any additional tax resulting from a change of use, as
264-19 provided for by Chapter 23, Tax Code, and the interest and penalty
264-20 on the additional tax, that is imposed for any year on land in the
264-21 annexed territory shall be paid to the school district that imposed
264-22 the tax.
264-23 Sec. 13.054 <19.023>. Annexation of Districts in Large
264-24 Counties. (a) A school district located in a county with a
264-25 population of 210,000 or more may be annexed to a contiguous
264-26 independent school district as provided by this section. For
264-27 purposes of this section, a school district is located in the
265-1 county in which the greatest area of the district lies.
265-2 (b) Annexation is initiated by a petition requesting an
265-3 election on the question. The petition must be presented to the
265-4 county judge and must:
265-5 (1) request annexation to a specified independent
265-6 school district;
265-7 (2) describe the district proposed to be annexed; and
265-8 (3) be signed by a majority of the board of trustees
265-9 of the district seeking annexation or by the required number of
265-10 registered voters.
265-11 (c) The proposed annexation must be approved by a majority
265-12 of the board of trustees of each affected district. Each board
265-13 shall give notice of approval to the commissioners court.
265-14 (d) Immediately following receipt of the petition and
265-15 notices of approval, the commissioners court shall conduct a
265-16 hearing at which it considers the social, economic, and educational
265-17 effects of the proposed annexation. If the proposed annexation
265-18 appears to the court to be in the best interests of the districts
265-19 affected, the commissioners court shall order an election to be
265-20 held within the petitioning district at its expense.
265-21 (e) If the receiving district is located in a county
265-22 different from that in which the petitioning district is located,
265-23 the petition and notice of receiving district approval must also be
265-24 presented to the county judge of the county in which the receiving
265-25 district is located. The commissioners court of that county shall
265-26 conduct a hearing under Subsection (d) <of this section>, except
265-27 that by the order entered the commissioners court shall agree or
266-1 disagree that the annexation is in the best interests of the
266-2 districts involved. The election on annexation may be conducted
266-3 only if the commissioners court of the county in which the
266-4 receiving district is located agrees that the annexation is in the
266-5 best interests of the districts.
266-6 (f) The ballot shall be printed to provide for voting for or
266-7 against the proposition: "Annexation of ______________ School
266-8 District to ______________ School District."
266-9 (g) An election in the receiving district is not necessary
266-10 on the question of annexation.
266-11 (h) If the majority of votes are cast in favor of the
266-12 annexation, the commissioners court of the county in which the
266-13 petitioning district is located and the board of trustees of the
266-14 receiving district shall each enter an order on its minutes:
266-15 (1) declaring the petitioning district to be duly
266-16 annexed to the receiving district and subject to all the laws
266-17 governing the receiving district <same>; and
266-18 (2) redefining the boundaries of the receiving
266-19 district showing the annexation.
266-20 (i) A certified copy of the order of the commissioners court
266-21 shall be transmitted to the county clerk of each county involved
266-22 and shall be recorded in the county school district records.
266-23 (j) Title to all property of the annexed district vests in
266-24 the receiving district and the receiving district assumes and is
266-25 liable for the outstanding indebtedness of the annexed district.
266-26 Any tax in effect in the receiving independent school district
266-27 continues and applies to the entire independent district as
267-1 constituted after annexation is completed.
267-2 (k) The receiving district continues as the same district
267-3 and may operate in all respects as it did before <prior to> the
267-4 annexation except that the annexed territory becomes <shall become>
267-5 liable for all indebtedness, subject to all taxes, and <be> a part
267-6 of the receiving district <thereof> for all purposes as though
267-7 originally included in the receiving <independent> district.
267-8 Sec. 13.055 <19.024>. Creation of District in Response to
267-9 Petition for Detachment. (a) A new independent school district
267-10 may be created by detaching territory from existing contiguous
267-11 districts and uniting the territory into a new district.
267-12 (b) Creation of a new district by detachment is initiated by
267-13 a petition presented to the commissioners court. The petition
267-14 must:
267-15 (1) give the metes and bounds of the proposed new
267-16 district;
267-17 (2) be signed by the required percentage of the
267-18 registered voters residing in each territory to be detached from an
267-19 existing district;
267-20 (3) be approved by the board of trustees of each
267-21 district from which territory is to be detached; and
267-22 (4) be addressed to the commissioners court of the
267-23 county in which the territory of the proposed district is located
267-24 or, if the territory is in more than one county, to the
267-25 commissioners court of each county in which the territory is
267-26 located.
267-27 (c) Immediately following receipt of a valid petition, the
268-1 commissioners court shall order an election to be held by each
268-2 school district from which territory is to be detached. The school
268-3 districts shall order and conduct the election in the manner
268-4 prescribed by Section 13.003 <19.003 of this code>. The school
268-5 districts shall report the results of the election to the
268-6 appropriate commissioners courts, which shall declare the results
268-7 of the election. The new district is created only if the
268-8 proposition receives a majority of the votes in each district, not
268-9 including the territory to be detached, and a majority of the votes
268-10 in the territory to be detached from each district.
268-11 (d) The ballot shall be printed to provide for voting for or
268-12 against the proposition: "Creation of a new school district from
268-13 territory that includes the following territory from the __________
268-14 School District: __________." The ballot description of the
268-15 territory to be detached must be sufficient to give general notice
268-16 of the territory affected.
268-17 (e) A new district may not be created with an area of less
268-18 than nine square miles, and a district may not be reduced to an
268-19 area of less than nine square miles.
268-20 (f) Any district affected, either remaining or newly
268-21 created, must have a <sufficient> taxable value of property
268-22 sufficient <valuations> to support an efficient school system.
268-23 (g) If all the requirements of this section are met, the
268-24 commissioners court shall enter an order creating the new school
268-25 district. If the new district embraces territory in two or more
268-26 counties, the order must be concurred in by the commissioners court
268-27 of each county concerned.
269-1 (h) At the time the order establishing the district is made,
269-2 the commissioners court in which the largest portion of the
269-3 district's territory is located shall appoint a board of trustees
269-4 for the new independent school district to serve until the next
269-5 regular election of trustees when a board of trustees shall be
269-6 elected in compliance with Chapter 12 <23 of this code>.
269-7 (i) Title to school district real property in the territory
269-8 detached vests in the new district, and the new district assumes
269-9 and is liable for any portion of outstanding indebtedness of the
269-10 district from which the territory was taken that is allocated to
269-11 the new district under Section 13.004 <19.004 of this code>.
269-12 (j) A <new> district<, when> created in compliance with this
269-13 section<,> has all the rights and privileges of other independent
269-14 school districts.
269-15 Sec. 13.056 <19.025>. Dormant School Districts. (a) If the
269-16 commissioner <of education> determines that a school district has
269-17 failed to operate a school for a full school year, the commissioner
269-18 shall report to each appropriate commissioners court that the
269-19 district is dormant.
269-20 (b) The commissioners court of a county shall by order annex
269-21 each dormant school district within the county with an adjoining
269-22 district or districts. If the dormant district is a county-line
269-23 district, the commissioners court of each county in which the
269-24 district is located shall annex the territory of the dormant
269-25 district that is within that county. The commissioners court may
269-26 annex territory to a school district only if the board of trustees
269-27 of that district approves the annexation.
270-1 (c) The governing board of the district to which a dormant
270-2 school district is annexed is <continues to be> the governing board
270-3 for the new district.
270-4 (d) The order of the commissioners court shall define by
270-5 legal boundary description the territory of the new district as
270-6 enlarged and shall be recorded in the minutes of the commissioners
270-7 court.
270-8 (e) Title to the real property of the dormant district vests
270-9 in the district to which the property is annexed. Each district to
270-10 which territory is annexed assumes and is liable for any portion of
270-11 the dormant district's indebtedness that is allocated to the
270-12 receiving district under Section 13.004 <19.004 of this code>.
270-13 Sec. 13.057 <19.026>. Territory Not in School District. (a)
270-14 All real property must be included within the limits of a school
270-15 district. At any time it is determined that there is territory
270-16 located in a county but not within the described limits of a school
270-17 district, the commissioners court shall annex the territory to one
270-18 or more <an> adjoining <district or> districts.
270-19 (b) The annexation order shall define by legal boundary
270-20 description the territory of the new district and shall be recorded
270-21 in the minutes of the commissioners court.
270-22 Sec. 13.058 <19.027>. Academically Unacceptable
270-23 <Unaccredited> School Districts. (a) The commissioner <of
270-24 education> by order may annex to one or more adjoining districts a
270-25 school district that has been rated as academically unacceptable
270-26 <accredited warned> for a period of two years.
270-27 (b) The governing board of a district to which territory of
271-1 an academically unacceptable <accredited warned> district is
271-2 annexed is the governing board for the new district.
271-3 (c) The order of the commissioner shall define by legal
271-4 boundary description the territory of the new district as enlarged.
271-5 (d) Title to the real property of the academically
271-6 unacceptable <accredited warned> district vests in the district to
271-7 which the property is annexed. Each district to which territory is
271-8 annexed assumes and is liable for any portion of the academically
271-9 unacceptable <accredited warned> district's indebtedness that is
271-10 allocated to the receiving district under Section 13.004 <19.004 of
271-11 this code>.
271-12 (e) Before the commissioner orders an annexation under this
271-13 section, the commissioner shall investigate the educational and
271-14 financial impact of the annexation on the receiving district. The
271-15 commissioner may order the annexation only if the commissioner
271-16 finds that the annexation will not substantially impair the ability
271-17 of the receiving district to educate the students located in the
271-18 district before <prior to> the annexation and to meet its financial
271-19 obligations incurred before <prior to> the annexation.
271-20 (f) For five years beginning with the school year in which
271-21 the annexation occurs, the commissioner shall annually adjust the
271-22 local fund assignment of a district to which territory is annexed
271-23 under this section by multiplying the enlarged district's local
271-24 fund assignment calculated under Section 42.252 <16.252 of this
271-25 code> by a fraction, the numerator of which is the number of
271-26 students residing in the district preceding the date of the
271-27 annexation and the denominator of which is the number of students
272-1 residing in the district as enlarged on the date of the annexation.
272-2 A district that receives an adjustment to its local fund assignment
272-3 under this section is not eligible for incentive aid under
272-4 Subchapter F <G of Chapter 23 of this code>.
272-5 (g) A district to which territory is annexed under this
272-6 section is entitled to additional state aid equal to the amount by
272-7 which the annual debt service required to meet the indebtedness
272-8 incurred by the district due to the annexation exceeds the
272-9 additional amount of state aid that results from the adjustment
272-10 under Subsection (f) <of this section>, if any. In determining the
272-11 amount of annual debt service required, the estimated tax levy from
272-12 applying the receiving district's current debt service tax rate, if
272-13 any, to the territory that has been annexed shall be deducted.
272-14 (Sections 13.059-13.100 reserved for expansion
272-15 SUBCHAPTER C. CONSOLIDATION
272-16 Sec. 13.101 <19.051>. Districts That May Consolidate. (a)
272-17 By the procedure provided by <described in> this subchapter, two or
272-18 more <any of the following groups of> school districts may
272-19 consolidate into a single school district<:>
272-20 <(1) two or more independent school districts;>
272-21 <(2) two or more common school districts; or>
272-22 <(3) one or more independent school districts and one
272-23 or more common school districts>.
272-24 (b) The consolidated district may include area in more than
272-25 one county.
272-26 Sec. 13.102 <19.052>. Petition. Consolidation is initiated
272-27 by a petition requesting an election on the question. The petition
273-1 must be signed by the required number of registered voters of each
273-2 of the districts proposed to be consolidated and must be presented
273-3 to the county judge of each county in which the school districts
273-4 are located.
273-5 Sec. 13.103 <19.053>. Election Order; Notice. (a) Each
273-6 county judge receiving a valid petition shall:
273-7 (1) issue an order for an election to be held on the
273-8 same day in each district included in the proposed consolidated
273-9 district; and
273-10 (2) give notice of the election.
273-11 (b) The ballot in the election shall be printed to provide
273-12 for voting for or against the proposition: "Consolidation of
273-13 (name of school districts) into a single school district."
273-14 Sec. 13.104 <19.054>. Canvass; Result. (a) The
273-15 commissioners court of each county shall canvass the returns of the
273-16 election in its county. The commissioners shall publish the
273-17 results separately for each district.
273-18 (b) If the votes cast in all districts show a majority in
273-19 each district voting in favor of the consolidation, the
273-20 commissioners court of each county shall declare the school
273-21 districts consolidated.
273-22 <Sec. 19.055. ><Consolidation Involving Only Common School
273-23 Districts><. (a) If common school districts are consolidated with
273-24 each other, regardless of whether or not one or more of the
273-25 districts is a common county-line district, the consolidated
273-26 district is a common school district and shall be named and
273-27 governed as provided by this section.>
274-1 <(b) The trustees of each district participating in the
274-2 consolidation shall, on notification and at the time and place
274-3 specified by the commissioners court of each county involved,
274-4 conduct a joint meeting to:>
274-5 <(1) select a name by which the new consolidated
274-6 school district shall be known; and>
274-7 <(2) designate the county that shall have the
274-8 supervision of the new consolidated school district.>
274-9 <(c) The ex officio county superintendent of the county
274-10 having supervision of the new consolidated school district shall
274-11 appoint a board of seven trustees for the new consolidated school
274-12 district who shall serve until the next April election or until
274-13 their successors qualify.>
274-14 <(d) The new common consolidated school district shall
274-15 thereafter be governed and controlled as provided by Chapter 22 of
274-16 this code.>
274-17 <Sec. 19.056. ><Consolidation Involving Only One Independent
274-18 School District and One or More Common School Districts><. (a) If
274-19 only one independent school district is consolidated with one or
274-20 more common school districts, this section applies.>
274-21 <(b) The consolidated district shall bear the name of the
274-22 independent school district.>
274-23 <(c) Except as provided by Subsection (d) of this section,
274-24 the board of trustees of the independent school district shall
274-25 serve as the board of trustees of the consolidated district until
274-26 the next regular election of trustees, at which time the
274-27 consolidated district shall elect a board of seven trustees.>
275-1 <(d) If the membership in the independent school district on
275-2 the last day of the preceding school year is more than five times
275-3 that of the other district or districts consolidating with it, the
275-4 trustees of the independent school district shall continue to serve
275-5 for the terms for which they have been elected and only the
275-6 vacancies, as they occur, shall be filled from the consolidated
275-7 district.>
275-8 <(e) The powers, duties, and terms of office of the trustees
275-9 are governed by Chapter 23 of this code.>
275-10 Sec. 13.105 <19.057>. STATUS; GOVERNANCE <Consolidation
275-11 Involving Two or More Independent School Districts>. (a) <If two
275-12 or more independent school districts are included in the
275-13 consolidation, this section applies.>
275-14 <(b)> The consolidated district is an independent school
275-15 district. <shall bear the name as prescribed in the petition for
275-16 consolidation and the name shall include "Consolidated Independent
275-17 School District.">
275-18 (b) <(c)> Except as provided by Subsection (c) <(d) of this
275-19 section>, the board of trustees of the <independent> school
275-20 district having the greatest membership on the last day of the
275-21 school year preceding the consolidation serves <shall serve> as the
275-22 board of trustees of the consolidated district until the next
275-23 regular election of trustees, at which time the consolidated
275-24 district shall elect a board of seven trustees.
275-25 (c) <(d)> If the membership on the last day of the school
275-26 year preceding the consolidation in the district with the largest
275-27 membership is more than five times that of the other district or
276-1 districts consolidating with it, the trustees of the district with
276-2 the largest membership <shall> continue to serve for the terms for
276-3 which they have been elected and only the vacancies, as they occur,
276-4 are <shall be> filled from the consolidated district.
276-5 (d) <(e)> The powers, duties, and terms of office of the
276-6 trustees are governed by Chapter 12 <23 of this code>.
276-7 Sec. 13.106 <19.058>. Title to Property; Assumption of Debt.
276-8 Title to all property of the consolidating districts vests in the
276-9 consolidated district, and the consolidated district assumes and is
276-10 liable for the outstanding indebtedness of the consolidating
276-11 districts.
276-12 Sec. 13.107 <19.059>. Dissolution of Consolidated School
276-13 District. (a) A <Any> consolidated school district may be
276-14 dissolved by the same procedure provided for consolidation, except
276-15 that it is <shall> not <be> necessary to provide polling places in
276-16 each of the former districts.
276-17 (b) If the district is dissolved, each of the former
276-18 districts is restored as a separate district and classified as an
276-19 independent school district.
276-20 (c) Title to property of the consolidated district that is
276-21 allocated to each of the restored districts under Section 13.004
276-22 <19.004 of this code> vests in the restored districts, and each of
276-23 the restored districts assumes and is liable for the indebtedness
276-24 of the consolidated district as allocated under that section.
276-25 (Sections 13.108-13.120 reserved for expansion
276-26 <SUBCHAPTER D. CREATION OF COUNTYWIDE INDEPENDENT
276-27 SCHOOL DISTRICTS>
277-1 <Sec. 19.081. ><Eligibility><. (a) A countywide independent
277-2 school district may be created under this subchapter in any county
277-3 in which:>
277-4 <(1) the total student membership of all districts on
277-5 the last day of the school year preceding the filing of the
277-6 petition is not more than 2,500; and>
277-7 <(2) not more than two school districts, excluding
277-8 county-line districts, have operated schools within the two years
277-9 preceding the filing of the petition.>
277-10 <(b) Any county-line district in the county is excepted from
277-11 the proposed countywide district.>
277-12 <Sec. 19.082. ><Petition; Ballot><. (a) Creation of a
277-13 countywide independent school district is initiated by a petition
277-14 requesting an election on the question. The petition must be
277-15 signed either by a majority of the members of the board of trustees
277-16 of the school districts within the county or by the required number
277-17 of voters of each of the school districts within the county.>
277-18 <(b) The ballot for the election shall be printed to provide
277-19 for voting for or against the proposition: "Creation of a
277-20 countywide independent school district.">
277-21 <Sec. 19.083. ><Order Creating District><. If a majority of the
277-22 votes are cast in favor of the creation of a countywide independent
277-23 school district, the commissioners court shall by order:>
277-24 <(1) create the independent school district embracing
277-25 the entire county and abolish all school districts participating in
277-26 the election; and>
277-27 <(2) declare the boundaries of the countywide
278-1 independent school district to be coextensive with the boundaries
278-2 of the county or, if a county-line school district exists within
278-3 the county, define the boundaries of the countywide independent
278-4 school district by metes and bounds, excluding the county-line
278-5 district.>
278-6 <Sec. 19.084. ><Appointment of Initial Trustees><. Not later
278-7 than the 10th day following the day on which results of a favorable
278-8 election are declared, the county judge shall provide for the
278-9 organization of the district by appointing one trustee from each of
278-10 the four commissioner precincts within the county and three
278-11 trustees from the county at large.>
278-12 <Sec. 19.085. ><Election of Trustees><. (a) The county judge
278-13 shall call the first election of trustees for the first Saturday in
278-14 April of the year following the election at which the countywide
278-15 independent school district was created.>
278-16 <(b) Each qualified voter in the district is entitled to
278-17 vote for one board member from the commissioner precinct in which
278-18 the elector and the candidate reside and is entitled to vote for
278-19 three candidates from the county at large.>
278-20 <(c) The commissioners court shall appoint election judges
278-21 and assistants, cause ballots to be printed and distributed,
278-22 canvass the votes, declare the results of the election, notify the
278-23 persons elected, and call a meeting of the new board of trustees on
278-24 a date not later than the 10th day after the day on which the
278-25 results of the election are determined.>
278-26 <(d) The seven trustees first elected shall determine by lot
278-27 which shall serve for a term of one year and which for a term of
279-1 two years. Those drawing numbers 1, 2, and 3 shall serve for a
279-2 term of one year, and those drawing numbers 4, 5, 6, and 7 shall
279-3 serve for a term of two years.>
279-4 <(e) All subsequent elections of trustees shall be called by
279-5 the board of trustees in the manner provided in this code for
279-6 trustee elections in independent school districts. The elections
279-7 shall be held on the first Saturday in April of each year at places
279-8 in each commissioner precinct designated by the board of trustees.
279-9 Each year, either three or four trustees, as the case may be, shall
279-10 be elected for a term of two years.>
279-11 <(f) Notwithstanding the election dates prescribed by this
279-12 section, an election held under this section shall be held on a
279-13 uniform election date as provided by law.>
279-14 <Sec. 19.086. ><Powers><. The boards of trustees of independent
279-15 school districts established under this subchapter, whether
279-16 appointed or elected, have all the powers, rights, duties,
279-17 privileges, and qualifications granted in or required by general
279-18 law relating to independent school districts.>
279-19 <Sec. 19.087. ><Title to Property; Assumption of Debt; Taxes><.
279-20 (a) Title to all property of the component districts vests in the
279-21 countywide district, and the countywide district assumes and is
279-22 liable for the outstanding indebtedness of the component districts.>
279-23 <(b) The maintenance and bond taxes and assessed valuations
279-24 in each of the several component districts existing at the time of
279-25 the creation of the independent school district embracing the
279-26 entire county continue as if authorized for the countywide district
279-27 until equalized at an election held for that purpose.>
280-1 <SUBCHAPTER E. SEPARATION FROM MUNICIPAL CONTROL>
280-2 <Sec. 19.101. ><Eligibility><. Any municipal school district
280-3 may be separated from municipal control so that the school
280-4 corporation becomes an independent school district, without the
280-5 dual character previously possessed by the school corporation and
280-6 the city or town.>
280-7 <Sec. 19.102. ><Petition><. Separation from municipal control
280-8 is initiated by a petition signed by 10 percent of the registered
280-9 voters of the municipal school district. The petition must be
280-10 presented to the board of trustees of the municipal school
280-11 district. The board of trustees of the municipal school district
280-12 shall certify the petition to the governing body of the city or
280-13 town.>
280-14 <Sec. 19.103. ><Hearing><. Immediately after receipt of the
280-15 petition and certification, the governing body of the city or town
280-16 shall fix a date not later than the 10th day after the date of
280-17 receipt for the holding of a joint meeting of the governing body of
280-18 the city or town and the board of trustees of the municipal school
280-19 district. At the joint meeting, the governing body of the city or
280-20 town and the board of trustees of the municipal school district,
280-21 acting jointly as one body, the mayor or chairman of the governing
280-22 body presiding, shall order an election.>
280-23 <Sec. 19.104. ><Election><. (a) The election shall be held on
280-24 an authorized election date, as provided by Section 9b, Texas
280-25 Election Code (Article 2.01b, Vernon's Texas Election Code),
280-26 occurring not later than the 60th day after the day on which the
280-27 petition is received. If an authorized date within that period
281-1 does not allow sufficient time to comply with other legal
281-2 requirements or if there is no authorized date within that period,
281-3 the election shall be ordered for the next authorized date. Notice
281-4 of the election shall be given in the manner prescribed by Section
281-5 19.003 of this code.>
281-6 <(b) The ballot shall be printed to provide for voting for
281-7 or against the proposition: "The separation of the public schools
281-8 from municipal control.">
281-9 <(c) Except as provided by this section, the election shall
281-10 be conducted as nearly as possible in compliance with the law
281-11 governing regular city elections in the town or city.>
281-12 <(d) The governing body of the city or town shall
281-13 immediately canvass the returns of the election and deliver to the
281-14 board of trustees of the municipal school district the certified
281-15 results of the election and a certified copy of the record showing
281-16 all proceedings relating to the election.>
281-17 <(e) If a majority of the votes are cast in favor of the
281-18 separation of the public schools from municipal control and if the
281-19 board of trustees of the school district finds that the election
281-20 has been in all respects lawfully held and the returns duly and
281-21 legally made to the governing body of the city or town, the board
281-22 of trustees shall by resolution declare that the public schools of
281-23 the municipal school district have been separated from municipal
281-24 control and that the corporate name of the school district shall
281-25 thereafter be "______________ Independent School District,"
281-26 inserting the name of the city or town.>
281-27 <Sec. 19.105. ><Status After Separation; Property and Debts><.
282-1 (a) The separated school district is an independent school
282-2 district with all the powers and duties conferred on independent
282-3 school districts by law.>
282-4 <(b) Title to property of the municipal school district
282-5 vests in the separated district, and the separated district assumes
282-6 and is liable for the outstanding indebtedness of the municipal
282-7 school district.>
282-8 <Sec. 19.106. ><Trustees><. (a) The board of trustees of the
282-9 separated school district shall consist of seven members.>
282-10 <(b) The members of the board of trustees of the municipal
282-11 school district shall continue as members of the board of trustees
282-12 of the independent school district until the terms for which they
282-13 have been elected or appointed, as the case may be, have expired or
282-14 until their successors have been elected and have qualified.>
282-15 <(c) If the board of trustees of the municipal school
282-16 district consisted of fewer than seven members, those serving shall
282-17 appoint a sufficient number of new trustees to bring the total
282-18 membership of the board to seven members, the appointees to serve
282-19 in accordance with the general law governing the election and
282-20 tenure of office of independent school district trustees.>
282-21 <(d) At the expiration of the terms of office of the
282-22 existing trustees, election of trustees shall be held in compliance
282-23 with the general law relating to the election of trustees in
282-24 independent school districts.>
282-25 <SUBCHAPTER F. CONVERSION FROM COMMON SCHOOL DISTRICT
282-26 TO INDEPENDENT SCHOOL DISTRICT>
282-27 <Sec. 19.121. ><Eligibility><. Any common school district may
283-1 incorporate for school purposes in accordance with this chapter and
283-2 become an independent school district.>
283-3 <Sec. 19.122. ><Petition><. Conversion from a common school
283-4 district to an independent school district is initiated by a
283-5 petition requesting an election on the question. The petition
283-6 must:>
283-7 <(1) describe the common school district; and>
283-8 <(2) recite the name by which the independent school
283-9 district should be known.>
283-10 <Sec. 19.123. ><Election><. (a) At the same time the county
283-11 judge orders the incorporation election, he shall order an election
283-12 to be held for the selection of a board of seven trustees. Notice
283-13 of the election for trustees shall be given at the same time and in
283-14 the same manner as provided for the giving of notice for the
283-15 incorporation election. The election of trustees shall be held at
283-16 the same time, under the same rules, and by the same officers as
283-17 the incorporation election.>
283-18 <(b) The ballot shall be printed to provide for voting for
283-19 or against the proposition: "Conversion of _____________ Common
283-20 School District into the ______________ Independent School
283-21 District.">
283-22 <Sec. 19.124. ><Incorporation; Trustees; Organization><. (a)
283-23 If a majority of the votes are cast in favor of incorporation of
283-24 the district, the county judge shall enter in the minutes of the
283-25 commissioners court an order incorporating the school district and
283-26 the county clerk shall record a certified copy of the order in the
283-27 appropriate county records. The school district is thereafter
284-1 incorporated for free school purposes only and is vested with all
284-2 the rights, powers, and privileges conferred and imposed by law on
284-3 independent school districts.>
284-4 <(b) The county judge shall issue a certificate of election
284-5 to each of the seven candidates for the office of trustee who
284-6 received the greatest number of votes cast. On the issuance of the
284-7 certificate of election and the taking of the official oath of
284-8 office, the trustees are qualified and shall immediately undertake
284-9 their duties.>
284-10 <(c) The trustees elected at the incorporation election
284-11 shall organize as provided in Chapter 23 of this code, but the
284-12 district shall conduct a regular trustee election on the first
284-13 Saturday of the next April. The trustees elected at the
284-14 incorporation election shall serve only until their respective
284-15 successors have been elected and qualified.>
284-16 <(d) On notice to the commissioner of education, the
284-17 independent school district is entitled to receive its share of the
284-18 available school fund. No incorporated town or village included
284-19 within the boundaries of the independent school district may
284-20 thereafter acquire any right to take or assume control of the
284-21 public free schools within its limits.>
284-22 <(e) Notwithstanding the election date prescribed by this
284-23 section, an election held under this section shall be held on a
284-24 uniform election date as provided by law.>
284-25 <Sec. 19.125. ><Title to Property; Assumption of Debt><. Title
284-26 to all property of the common school district vests in the
284-27 independent school district, and the independent school district
285-1 assumes and is liable for the outstanding indebtedness of the
285-2 common school district.>
285-3 <Sec. 19.126. ><County-Line Districts><. If the district to be
285-4 converted is a county-line district, the petition shall be
285-5 presented in and the election conducted by the county in which the
285-6 greatest area of the district lies. All other counties in which
285-7 the district lies shall cooperate with the county conducting the
285-8 election.>
285-9 SUBCHAPTER D <G>. ABOLITION OF INDEPENDENT SCHOOL DISTRICT
285-10 Sec. 13.121 <19.151>. Eligibility. An <Any> independent
285-11 school district may be abolished in the manner provided by this
285-12 subchapter.
285-13 Sec. 13.122 <19.152>. Petition. Abolition of an independent
285-14 school district is initiated by a petition requesting an election
285-15 on the question. The petition must be signed by a majority of the
285-16 board of trustees of the district to be abolished and must be
285-17 presented to the county judge of each county in which part of the
285-18 independent school district is situated.
285-19 Sec. 13.123 <19.153>. Election. (a) Each county judge
285-20 receiving a valid petition shall:
285-21 (1) issue an order for an election to be held on the
285-22 same day in each county; and
285-23 (2) give notice of the election.
285-24 (b) The ballot in the election shall be printed to provide
285-25 for voting for or against the proposition: "Abolition of the
285-26 ___________ Independent School District."
285-27 Sec. 13.124 <19.154>. Order Abolishing District. (a) The
286-1 commissioners court of each county shall canvass the returns of the
286-2 election in its county.
286-3 (b) If a majority of the total votes cast in the district
286-4 favor abolishing the district, each commissioners court shall
286-5 declare the results. The abolition is effective only if all
286-6 territory of the district is annexed to other contiguous districts.
286-7 Sec. 13.125 <19.155>. Disposition of Territory, Etc. (a)
286-8 The property and affairs of the abolished district are governed by
286-9 this section unless otherwise controlled by the manner in which the
286-10 district was abolished.
286-11 (b) Each county commissioners court shall annex the
286-12 territory of the abolished independent school district in its
286-13 county to one or more contiguous districts in the county. The
286-14 commissioners court may annex territory to a school district only
286-15 if the board of trustees of that district approves the annexation.
286-16 (c) Title to the real property of the abolished district
286-17 vests in the district to which the property is annexed.
286-18 (d) If at the time of its abolition <abolishment> the
286-19 independent school district does not have <had no> outstanding
286-20 indebtedness, all uncollected taxes on the property of the district
286-21 for the years up to and including the last day of January of the
286-22 year immediately following the year <that> in which the independent
286-23 school district is abolished shall be levied and collected, at the
286-24 same rate and in the same manner as authorized for the independent
286-25 school district immediately before <prior to> its abolition
286-26 <abolishment>, by the school district <or districts> to which the
286-27 territory containing the property on which taxes are due is <has
287-1 been> annexed.
287-2 (e) Each school district to which territory from the
287-3 abolished district is annexed assumes and is liable for the
287-4 indebtedness of the abolished district that is allocated to the
287-5 district under Section 13.004 <19.004 of this code>.
287-6 (f) A <Any> creditor of an abolished independent school
287-7 district must file the creditor's <his> claim against the district
287-8 with the county commissioners court not later than the 60th day
287-9 <within 60 days> after the effective date on which the independent
287-10 school district is <has been> abolished and, if the claim is not
287-11 allowed, may maintain suit against the abolished independent school
287-12 district as such. Suit must be brought not later than the first
287-13 anniversary of <one year after> the date on which the claim is
287-14 disallowed. Process <Service> in a suit, if necessary, may be
287-15 served <had> on the county judge of each county in which the
287-16 district was located. The county commissioners court shall defend
287-17 any suit against an abolished independent school district but may
287-18 settle the litigation as the commissioners court <it> considers
287-19 advisable. This section does not waive any defense available to
287-20 the abolished district.
287-21 (Sections 13.126-13.150 reserved for expansion
287-22 <SUBCHAPTER H. ABOLITION OF COMMON SCHOOL DISTRICT>
287-23 <Sec. 19.171. ><Authority of Commissioners Court><. (a) The
287-24 commissioners court may abolish and annex any common school
287-25 district located entirely within its county if a formal application
287-26 or request is submitted by the trustees of the common school
287-27 district. The application or request does not affect the authority
288-1 of the commissioners court to determine if the common school
288-2 district should be abolished and annexed.>
288-3 <(b) The commissioners court shall annex the territory of
288-4 the abolished district to one or more contiguous independent school
288-5 districts located entirely within its county, in such manner as may
288-6 be determined by order of the commissioners court.>
288-7 <Sec. 19.172. ><Title to Property; Assumption of Debt><. (a)
288-8 Title to the real property of the abolished school district vests
288-9 in the district to which the property is annexed.>
288-10 <(b) Each district to which territory of the abolished
288-11 school district is annexed assumes and is liable for any portion of
288-12 the abolished district's indebtedness that is allocated to the
288-13 receiving district under Section 19.004 of this code.>
288-14 SUBCHAPTER E <I>. OTHER BOUNDARY CHANGES
288-15 Sec. 13.151 <19.201>. Minor Boundary Adjustments by
288-16 Agreement. (a) Two <Any two> contiguous school districts may
288-17 adjust their common boundary by agreement if, at the time the
288-18 agreement is executed:
288-19 (1) no child who resides in the territory that is
288-20 transferred from one jurisdiction to the other is enrolled in a
288-21 public school of the district from which the territory is
288-22 transferred; and
288-23 (2) the taxable value of the territory that is
288-24 transferred from one jurisdiction to the other does not exceed
288-25 one-tenth of one percent of the total taxable value of all property
288-26 in the school district from which the territory is transferred.
288-27 (b) In this section, "taxable value" has the meaning
289-1 assigned by Section 403.302, Government Code <11.86 of this code>.
289-2 (Sections 13.152-13.180 reserved for expansion
289-3 SUBCHAPTER F <G>. INCENTIVE AID PAYMENTS
289-4 Sec. 13.181 <23.991>. INCENTIVE AID. (a) A <Independent>
289-5 school district <districts> created after August 22, 1963, through
289-6 consolidation or annexation may qualify for incentive aid payments
289-7 from the state.
289-8 (b) A <by the State of Texas; provided, however, no> school
289-9 district may not receive incentive aid <such> payments for a period
289-10 of more than 10 years.
289-11 (c) Incentive <Such incentive> aid payments may <shall> be
289-12 made only on <upon> application to the agency <Texas Education
289-13 Agency> and in compliance with <the terms and conditions contained
289-14 in> this subchapter <section>.
289-15 Sec. 13.182 <23.996>. APPLICABILITY OF SUBCHAPTER
289-16 <Consolidation Defined>. This <"Consolidation" for purposes of
289-17 this> subchapter applies <shall mean and have application> to:
289-18 (1) the <creation of new districts by election under
289-19 school district consolidation laws and/or by> enlargement of an
289-20 existing school district <districts> by annexation to the existing
289-21 district <thereto> of one or more entire contiguous <district or>
289-22 districts<, other than dormant districts,> under Subchapter B,
289-23 other than the annexation of a dormant school district under
289-24 Section 13.056; and
289-25 (2) the consolidation of two or more school districts
289-26 under Subchapter C <annexation laws, and where the district
289-27 consolidated by election or enlarged by annexation under such laws
290-1 results as an independent school district>.
290-2 Sec. 13.183 <23.992>. Amount; Computation. (a) The amount
290-3 of incentive aid payments may <shall> not exceed the difference
290-4 between:
290-5 (1) the sum of the entitlements computed under Section
290-6 42.253 that <Foundation Program Payments which> would have been
290-7 paid to the <several> districts included in the reorganized <newly
290-8 organized> district if the districts had not been consolidated or
290-9 annexed; <had there been no consolidation,> and
290-10 (2) the amount to <of Foundation Program Assistance
290-11 for> which the reorganized <new> district is entitled under Section
290-12 42.253 <qualifies>.
290-13 (b) If the reorganized <Where, however, such newly
290-14 organized> district is <budget balance (>not eligible for an
290-15 entitlement under Section 42.253, <Foundation Program Payments)>
290-16 the amount of the incentive aid payments may <shall> not exceed the
290-17 sum of the entitlements computed under Section 42.253 <Foundation
290-18 Program Payments> for which the <several> districts included in the
290-19 reorganized <newly organized> district were eligible in the school
290-20 <scholastic> year when they were consolidated or annexed.
290-21 (c) If there is <(b) Where there have been, or hereafter
290-22 may be one, or> a series of consolidations or annexations at
290-23 intervals in compliance with <and pursuant to the provisions of>
290-24 this chapter <subchapter>, the <lastly created or newly organized
290-25 independent> school district last organized is <shall be> eligible
290-26 to receive at due times the total sum of the series of incentive
290-27 aid payments as computed separately at the time of each
291-1 consolidation or annexation <the several consolidations>, subject
291-2 to <provisions in> this subchapter. <With respect to all such
291-3 consolidations effected before March 22, 1965, the 10-year payment
291-4 period shall be computed from the date of consolidation, or from
291-5 March 22, 1965, whichever is the latest.>
291-6 Sec. 13.184 <23.995>. Payments Reduced. The incentive aid
291-7 payments shall be reduced in direct proportion to any reduction in
291-8 the <annual> average daily attendance as determined under Section
291-9 42.005 of the reorganized school district for the preceding year.
291-10 Sec. 13.185 <23.997>. Conditions FOR <Precedent to> Payment.
291-11 To receive <As a condition precedent to receiving> incentive aid
291-12 payments:
291-13 (1) the geographical boundaries <limits> of the
291-14 proposed <consolidated> district must <shall> be submitted to the
291-15 agency <Texas Education Agency> for approval; and
291-16 (2) the geographical boundaries <limits so> approved
291-17 by the agency must <shall> be set forth in the petition for a <any>
291-18 consolidation election, if applicable<; and (2) the consolidation
291-19 of the school districts shall result in the formation of an
291-20 independent school district>.
291-21 Sec. 13.186 <23.998>. Cost. The cost of incentive aid
291-22 payments <hereby> authorized by this subchapter shall be paid from
291-23 the foundation school fund <Foundation School Fund>. The <Such>
291-24 costs shall be considered and included by the foundation school
291-25 fund budget committee <Foundation School Fund Budget Committee> in
291-26 estimating the funds needed for purposes of the Foundation School
291-27 Program <and such incentive aid payments>.
292-1 CHAPTER 14 <17>. COUNTY ADMINISTRATION
292-2 SUBCHAPTER A. COUNTY GOVERNING BODY
292-3 <Sec. 17.01. MANAGEMENT. (a) The general management and
292-4 control of public free schools and high schools in each county,
292-5 unless otherwise provided by law, shall be vested in a board of
292-6 county school trustees.>
292-7 <(b) In those counties which have previously been placed
292-8 under or adopted, by either general or special law, or which may
292-9 hereafter adopt pursuant to Chapter 18 of this code, the
292-10 county-unit system for tax purposes, the governing body may be
292-11 designated the county board of education.>
292-12 <(c) In any county of this state not having heretofore
292-13 elected or appointed a board of county school trustees, the
292-14 commissioners court is authorized to appoint a board of county
292-15 school trustees for the county, the residence of whose members
292-16 shall conform to the provisions of Section 17.02 of this code
292-17 relating to the election of county trustees.>
292-18 <(d) No board of county school trustees or county board of
292-19 education shall be required in those counties which have created or
292-20 hereafter may create under the terms of Section 19.061 of this code
292-21 a single independent school district embracing the entire county.>
292-22 Sec. 14.001 <17.02>. Composition of County Governing Board.
292-23 (a) Unless otherwise provided by law, the board of county school
292-24 trustees or county board of education consists <shall be composed>
292-25 of five members, one of whom is <shall be> elected from each of the
292-26 four commissioners precincts of the county by the qualified voters
292-27 of those <such> precincts<,> and one of whom is elected from the
293-1 county at large by the qualified voters of the county. Each serves
293-2 <shall be elected for> a term of two years. Two members are
293-3 <shall be> elected in one year and three members are <shall be>
293-4 elected in the alternate year.
293-5 (b) In those counties with a population greater than <in
293-6 excess of> 350,000, the board of county school trustees consists
293-7 <shall consist> of seven members, three of whom are <shall be>
293-8 elected from the county at large and one of whom is elected from
293-9 each commissioners precinct. The trustees' first terms shall be
293-10 fixed by lot, with two drawing to serve two years, two for four
293-11 years, and three for six years. Thereafter, each member shall
293-12 serve six years, with either two or three members elected every two
293-13 years, the number depending on <upon> that needed to bring the
293-14 board to seven members.
293-15 Sec. 14.002. CREATION OF NEW BOARD PROHIBITED. A board of
293-16 county school trustees or county board of education may not be
293-17 created after September 1, 1995.
293-18 Sec. 14.003 <17.03>. Elections. (a) This section does not
293-19 apply to the election of county school trustees in a county with a
293-20 population of two million or more <according to the most recent
293-21 federal census>.
293-22 (b) Elections of county school trustees or members of the
293-23 county board of education shall be held in accordance with Chapter
293-24 41 <Section 9b>, <Texas> Election Code <(Article 2.01b, Vernon's
293-25 Texas Election Code)>.
293-26 (c) Election officers appointed to hold the election for
293-27 district trustees in each school district shall hold the regular
294-1 election for county school trustees or county board members.
294-2 (d) In elections for county school trustees or county board
294-3 members, all candidate applications for a place on the ballot must
294-4 be filed with the county judge not later than 5 p.m. of the 45th
294-5 day before the day of election. An application may not be filed
294-6 earlier than the 30th day before the date of the filing deadline.
294-7 (e) The order for <such> elections for county school
294-8 trustees or county board members must be made by the county judge
294-9 not later than the 30th day before <at least 30 days prior to>
294-10 election day and must designate as polling <voting> places in
294-11 <within> each common or independent school district the same places
294-12 at which votes are cast for the district trustees.
294-13 (f) It is not a <shall be no> valid objection that the
294-14 voters of a commissioners precinct are required by operation of
294-15 this section to cast their ballots at a polling place outside the
294-16 commissioners precinct of their residence.
294-17 (g) Election returns shall be made to the county clerk not
294-18 later than the fifth day <within five days> after the date the
294-19 election is held. The <Such> returns shall be delivered by the
294-20 clerk to the commissioners court at its first meeting after the
294-21 clerk receives the returns <thereafter>, and the court <that body>
294-22 shall canvass the returns and declare the results as in other
294-23 elections.
294-24 (h) After the newly-elected trustees or county board members
294-25 have taken and filed with the county clerk the official oath of
294-26 office, the clerk shall issue their commissions impressed with the
294-27 seal of the commissioners court.
295-1 Sec. 14.004 <17.031>. Elections in Counties of Two Million
295-2 or More. (a) In a county with a population of two million or
295-3 more, <according to the most recent federal census,> the county
295-4 school trustees are elected at the general election for state and
295-5 county officers, and the office of county school trustee is
295-6 considered a county office for purposes of nomination and election
295-7 and for the commencement of the term of office.
295-8 (b) The order for elections for county school trustees or
295-9 county board members must designate as polling places within each
295-10 school district the same places at which votes are cast for
295-11 district trustees.
295-12 (c) It is not a valid objection that the voters of a
295-13 commissioners precinct are required by operation of this section to
295-14 cast their ballots at a polling place outside the commissioners
295-15 precinct of their residence.
295-16 Sec. 14.005 <17.04>. Vacancies. Any vacancy on a board of
295-17 county school trustees or a county board of education shall be
295-18 filled for the unexpired portion of the term by the remaining
295-19 trustees or board members.
295-20 Sec. 14.006 <17.05>. QUALIFICATIONS FOR OFFICE. (a) A
295-21 county <County> school trustee <trustees> or member <members> of
295-22 county board <boards> of education must <meet the following
295-23 qualifications>:
295-24 (1) <They must> be a qualified voter <voters> of the
295-25 county from which <they are> elected; and
295-26 (2) if <The four persons> representing commissioners
295-27 precincts, <must each> reside in the precinct from which <he is>
296-1 elected<;>
296-2 <(3) They must possess good moral character;>
296-3 <(4) They must be able to read and speak the English
296-4 language;>
296-5 <(5) They must be persons of good education and in
296-6 sympathy with the public free schools;>
296-7 <(6) They must not be connected with the public
296-8 schools of any district, either as an official or as an employee>.
296-9 (b) A county school trustee or member of a county board of
296-10 education may not be an officer or employee of a school district in
296-11 the county.
296-12 Sec. 14.007 <17.06>. OATH OF OFFICE. All elected trustees
296-13 or members of a county board of education must <take the official
296-14 oath of office and> file the oath of office <same> with the county
296-15 clerk.
296-16 Sec. 14.008 <17.07>. ORGANIZATION. Each board of county
296-17 school trustees or county board of education shall elect a <be
296-18 organized as follows: A> president <shall be elected by the
296-19 trustees or members of the board> from their number at the regular
296-20 meeting in May of each year. A vice-president may be elected in
296-21 the same manner as the president. The county superintendent shall
296-22 act as secretary.
296-23 Sec. 14.009 <17.08>. MEETINGS. (a) The county school
296-24 trustees or county boards of education shall hold meetings once
296-25 each quarter on the first Monday in August, November, February, and
296-26 May, or as soon thereafter as is practicable. Such meetings may
296-27 likewise be held on the first Monday each month, or as soon
297-1 thereafter as is practicable.
297-2 (b) Additional meetings may be called by the president or at
297-3 the request <instance> of any two trustees or members of the county
297-4 board of education and the county superintendent.
297-5 (c) The meeting place shall be at the county seat in the
297-6 office of the county superintendent.
297-7 (d) <A majority of the trustees or board members shall
297-8 constitute a quorum to transact business.> All questions shall be
297-9 decided by majority vote.
297-10 Sec. 14.010 <17.09>. COMPENSATION. Each county school
297-11 trustee or member of a county board of education shall be paid, for
297-12 the time spent in attending meetings, $6 per day, not to exceed $72
297-13 in any one year, out of the state and county available school fund
297-14 by warrants drawn on order of the county superintendent and signed
297-15 by the president of the body, after approval of the account
297-16 properly sworn to by the president.
297-17 (Sections 14.011-14.030 reserved for expansion
297-18 SUBCHAPTER B. POWERS AND DUTIES
297-19 Sec. 14.031 <17.21>. BODY CORPORATE. (a) The county school
297-20 trustees or county board of education constitutes <shall
297-21 constitute> a body corporate and in that name may acquire and hold
297-22 <real and personal> property, sue and be sued, and receive bequests
297-23 and donations or other moneys or funds coming legally into their
297-24 hands.
297-25 (b) Unless otherwise provided by law, the corporate
297-26 designation shall be County School Trustees of __________ County,
297-27 State of Texas.
298-1 (c) If the county-unit system as defined by Section 46.001
298-2 has been instituted in the county <under previous law either
298-3 general or special,> and <if> the governing body <thereunder> is
298-4 designated as a board of education<, or if the county-unit system
298-5 is hereafter adopted in the county under Chapter 18 of this code
298-6 and the designation board of education adopted>, the corporate
298-7 designation shall be County Board of Education of __________
298-8 County, State of Texas.
298-9 Sec. 14.032 <17.22>. SCHOOL PROPERTY. The title to any
298-10 school property belonging to the county vests<, which title has
298-11 heretofore been vested in the county judge and his successors in
298-12 office, or to any school property which may be acquired, shall
298-13 vest> in the county school trustees or the county board of
298-14 education and their successors in office for public <free> school
298-15 purposes.
298-16 <Sec. 17.23. CREATION, CONSOLIDATION, ETC. (a) The county
298-17 school trustees or county boards of education shall participate in
298-18 the creation, consolidation, subdivision, and abolition of school
298-19 districts as provided in Chapter 19 of this code.>
298-20 <(b) The county school trustees or county boards of
298-21 education shall participate in the establishment of public junior
298-22 colleges as provided in Chapter 51 of this code.>
298-23 Sec. 14.033 <17.31>. OTHER POWERS AND DUTIES. (a) The
298-24 county school trustees or county boards of education shall provide
298-25 all information requested of them by the commissioner <of
298-26 education> or any other person associated with the agency. They
298-27 <Central Education Agency; they> shall also exercise all other
299-1 functions conferred upon them by <the> statute and may perform any
299-2 other act consistent with law for the promotion of education in the
299-3 county.
299-4 (b) In those counties in which the county-unit system as
299-5 defined by Section 46.001 has been established <under either
299-6 general or special law of this state, and in those counties which
299-7 may hereafter adopt the county-unit system under Chapter -18 of
299-8 this code>, the county school trustees or county boards of
299-9 education <shall> have, in addition to the powers and duties set
299-10 out in this subchapter, the further powers specified by <for such
299-11 county governing boards in the applicable sections of> Chapter 46
299-12 <18>.
299-13 (Sections 14.034-14.050 reserved for expansion
299-14 SUBCHAPTER C. COUNTY SUPERINTENDENT
299-15 <Sec. 17.42. WHERE SCHOLASTIC POPULATION DROPS BELOW 3,000.
299-16 In all counties now or hereafter having the office of county
299-17 superintendent where the scholastic population according to the
299-18 last scholastic census is less than 3,000 but more than 2,000, the
299-19 office of county superintendent shall continue unless and until a
299-20 majority of the qualified property taxpaying voters of said county,
299-21 voting at an election held to determine whether said office shall
299-22 be abolished, shall vote to abolish said office, which election
299-23 shall be ordered by the Commissioners Court upon petition therefor
299-24 as specified in Section 17.44 of this code. Provided, however,
299-25 that if a majority of said voters voting at said election
299-26 hereinabove provided for, vote to abolish said office said election
299-27 shall not become effective until the expiration of the term of
300-1 office for which the county superintendent has been elected or
300-2 appointed.>
300-3 <Sec. 17.44. PETITION FOR ELECTION. The petition for any
300-4 election under this subchapter must be signed by a number of
300-5 qualified voters of the county equal to at least 25 percent of the
300-6 votes cast in the county for governor at the last preceding general
300-7 election.>
300-8 <Sec. 17.45. COUNTIES OF MORE THAN 350,000. In any county
300-9 having a population of more than 350,000, according to the last
300-10 preceding federal census, the county superintendent shall be
300-11 appointed by the county board of education, and shall hold office
300-12 for four years. However, this provision shall not operate so as to
300-13 deprive any elected superintendent of his office prior to the
300-14 expiration of the term for which he has been elected.>
300-15 Sec. 14.051 <17.46>. APPOINTMENT OF SUPERINTENDENT
300-16 <APPOINTIVE SUPERINTENDENTS>. The board of county school trustees
300-17 or county board of education shall appoint a county superintendent
300-18 <(a) In those counties which have previously adopted the
300-19 county-unit system, under either general or special law of this
300-20 state, wherein the county governing board was authorized to appoint
300-21 the county superintendent, the office of county superintendent
300-22 shall remain appointive so long as the county-unit system remains
300-23 in effect>.
300-24 <(b) In those counties wherein the county governing board
300-25 has previously been authorized, under either general or special law
300-26 of the State, to appoint the county superintendent, or in any
300-27 county which may hereafter qualify under the provisions of Chapter
301-1 18 of this code for an appointive superintendent, the office of
301-2 county superintendent shall be appointive.>
301-3 <Sec. 17.47. EX OFFICIO COUNTY SUPERINTENDENT. In any
301-4 county in which no county superintendent has been elected or
301-5 appointed, the county judge shall be ex officio county
301-6 superintendent and shall perform all the duties required of that
301-7 office.>
301-8 Sec. 14.052 <17.48>. QUALIFICATIONS. A <An elective or
301-9 appointive> county superintendent must be a person of educational
301-10 attainments, good moral character, and executive ability. A county
301-11 superintendent <He> must hold the appropriate class of <a
301-12 permanent, provisional, or professional teacher's> certificate
301-13 issued by the State Board for Educator Certification.
301-14 Sec. 14.053 <17.49>. <OATH AND> BOND. The county
301-15 superintendent<, whether elected, appointed, or ex officio, shall
301-16 take the official oath of office and> shall give bond in the sum of
301-17 $1,000, conditioned upon the faithful performance of the
301-18 superintendent's <his> duties and payable to and approved by the
301-19 county governing board of the county, unless a county-wide
301-20 independent school district has been created <as provided in
301-21 Chapter 19 of this code>, in which event the bond shall be payable
301-22 to and approved by the county commissioners court.
301-23 <Sec. 17.50. OFFICE. The county commissioners court shall
301-24 provide the county superintendent with an office in the courthouse
301-25 and with the necessary office furniture and fixtures.>
301-26 Sec. 14.054 <17.55>. Duties as Secretary of Board. (a) The
301-27 county superintendent shall act as secretary of the county school
302-1 trustees or county board of education. The county superintendent
302-2 <He> shall keep <in> a suitable <well bound book, which shall be
302-3 open to public inspection, a true and correct> record of the
302-4 proceedings of the county governing board.
302-5 (b) The county superintendent <He> shall keep an accurate
302-6 record of the term of office of each common school district and
302-7 county school trustee or county board member and shall furnish the
302-8 county judge not later than the 60th day before <at least 60 days
302-9 prior to> the date of their election the number of trustees or
302-10 board members to be elected in each district or precinct or in the
302-11 county at large.
302-12 (c) The county superintendent <He> shall conduct all
302-13 correspondence of the board, receive all reports required by the
302-14 board, and see that those <such> reports are in the proper form and
302-15 are<,> complete and accurate.
302-16 (d) The county superintendent may <He shall have the right
302-17 to> advise on any question under consideration by the board, but
302-18 may not <shall have no> vote.
302-19 Sec. 14.055 <17.61>. Administer Oaths. The county
302-20 superintendents may <are empowered to> administer oaths necessary
302-21 in transacting any business relating to school affairs, but may not
302-22 <they shall> receive <no> compensation for administering an oath
302-23 <therefor>.
302-24 Sec. 14.056 <17.62>. ADDITIONAL DUTIES UNDER COUNTY-UNIT
302-25 SYSTEM. If a <In the event the> county-unit system as defined by
302-26 Section 46.001 has been <previously> adopted in a county, <under
302-27 either general or special law of this state, or in the event the
303-1 county-unit system should be adopted under the provisions of
303-2 Chapter 18 of this code,> the county superintendent shall perform
303-3 <such> additional duties <as may have been or may be> assigned to
303-4 the superintendent <him> for the proper functioning of that system.
303-5 <Sec. 17.64. ABOLITION OF OFFICE. (a) Upon a petition of
303-6 10 percent of the qualified voters who cast a vote in the
303-7 governor's race at the preceding general election in counties of
303-8 less than 100,000 population according to the last federal census;
303-9 or upon a petition of 20 percent of the qualified voters who cast a
303-10 vote in the governor's race at the preceding general election in
303-11 counties of 100,000 or more population according to the last
303-12 federal census, the county judge shall within 90 days of the
303-13 receipt of such petition call an election to determine by majority
303-14 vote whether the office of county superintendent (or ex officio
303-15 county superintendent and the county school board in counties
303-16 having an ex officio county superintendent) shall be abolished. At
303-17 such an election all ballots shall have printed to provide for
303-18 voting for or against the proposition:>
303-19 <"The abolishment of the office of county
303-20 superintendent" or "the abolishment of the office of an ex officio
303-21 county superintendent and the county school board" (as the case may
303-22 be).>
303-23 <(b) Where the majority of the qualified electors approve
303-24 the abolition of the office of county superintendent, the duties of
303-25 such abolished office as may still be required by law shall vest in
303-26 the county judge in ex officio capacity upon expiration of the
303-27 current term of that office.>
304-1 <(c) Where the majority of the qualified electors approve
304-2 the abolition of the office of the ex officio county superintendent
304-3 and county school board, the duties of such abolished offices as
304-4 may still be required by law shall be and become the duties of the
304-5 office of county judge of said county upon the expiration of the
304-6 current term of office of the ex officio county superintendent, and
304-7 said county judge shall not be entitled to nor receive any
304-8 additional compensation as a result of these additional duties.>
304-9 <(d) Not more than one such election may be called during
304-10 any term of office of the incumbent county superintendent or ex
304-11 officio county superintendent and that not during the year that a
304-12 regular election for the office is being held.>
304-13 <(e) Nothing in this section shall apply to counties of
304-14 900,000 or more where the county superintendent and his staff are
304-15 paid by the county. There shall be a county superintendent's
304-16 office in these counties whether or not there is a common school
304-17 district therein. The salaries of the county superintendent and
304-18 his employees shall be set by the school board in said county.>
304-19 <(f) If the county school superintendent of a county which
304-20 contains one or more common school districts fails to qualify for
304-21 office after having been duly elected or, having qualified, resigns
304-22 or dies during his term of office, the county board of school
304-23 trustees and the commissioners court by joint resolution may either
304-24 fill the vacancy created or may declare the office to be abolished.
304-25 If the office is abolished pursuant to this subsection, the county
304-26 judge shall serve as ex officio county superintendent and shall
304-27 receive a salary not exceeding $2,600 per year. The county board
305-1 of school trustees may employ an assistant county superintendent
305-2 and other staff to assist the county judge, but the total cost for
305-3 salaries for the assistant and staff may not exceed $15,000 per
305-4 year from state funds. The board may provide for office expenses
305-5 not exceeding $1,080 per year. The commissioners court may
305-6 supplement the salaries authorized in this subsection with county
305-7 funds.>
305-8 (Sections 14.057-14.080 reserved for expansion
305-9 SUBCHAPTER D. <TREASURER AND> DEPOSITORY
305-10 FOR COUNTY-UNIT SYSTEM
305-11 <Sec. 17.71. COUNTY DEPOSITORY. The county depository,
305-12 selected in compliance with the general laws of the state, shall
305-13 serve as treasurer of county school funds. The commissioners court
305-14 of each county shall file with the State Department of Education a
305-15 copy of the depository bond or a copy of the depository contract
305-16 showing securities in escrow. No commission shall be paid to the
305-17 county depository for receiving and disbursing school funds.>
305-18 <Sec. 17.72. BOND. (a) Within 20 days after receipt of a
305-19 certificate of its selection, the county depository shall execute a
305-20 good and sufficient bond payable to the county judge.>
305-21 <(b) The bond shall equal the probable amounts of the
305-22 available school fund which may be on deposit at any one time, plus
305-23 the permanent county funds as estimated by the county
305-24 superintendent, or in a county having no superintendent, by the
305-25 county judge.>
305-26 <(c) The bond shall be conditioned on the depository's good
305-27 performance of its duties, including but not limited to safekeeping
306-1 and faithful disbursement of the school fund according to law and
306-2 payment of such warrants as may be drawn on the fund by competent
306-3 authority.>
306-4 <(d) In lieu of a bond, the depository may secure the school
306-5 funds by approved securities or in any other manner authorized by
306-6 law for securing county funds.>
306-7 <Sec. 17.73. APPORTIONMENT TO DISTRICTS. (a) The county
306-8 depository, upon receiving notice from the Central Education Agency
306-9 of the amount apportioned to the county, shall report the same to
306-10 the county superintendent, who shall immediately apportion it to
306-11 the several districts, according to the scholastic census, and
306-12 notify the county treasurer of the amount apportioned to each
306-13 district.>
306-14 <(b) The county treasurer shall keep a separate account with
306-15 each district, showing the amount apportioned according to the
306-16 certificate of apportionment and the amount paid out to each school
306-17 and district.>
306-18 <(c) In no case shall the county treasurer pay out any part
306-19 of the school fund without the approval of the county
306-20 superintendent.>
306-21 <(d) All balances of the general school fund not
306-22 appropriated for the current year shall be carried over by the
306-23 treasurer as part of the county's general school fund for the
306-24 succeeding year. Unexpended balances of any district not exceeding
306-25 $5 per capita, according to the last scholastic census, shall be
306-26 carried over for the benefit of that school district. Unexpended
306-27 balances in excess of $5 per capita, according to the last
307-1 scholastic census, shall be carried over for the benefit of that
307-2 school district only to the extent of $5 per capita, and the excess
307-3 shall be reapportioned to the school districts of the county.>
307-4 Sec. 14.081 <17.74>. DEPOSITORY FOR COUNTY-UNIT SYSTEM. In
307-5 any county in which the county-unit system as defined by Section
307-6 46.001 has <previously> been established <under either general or
307-7 special law of this state, and in any county which may hereafter
307-8 adopt the county-unit system under the provisions of Chapter 18 of
307-9 this code>, the county depository shall secure and handle <such>
307-10 funds <as may be> acquired through operation of that system in the
307-11 same manner as other funds available for county school purposes.
307-12 (Sections 14.082-14.100 reserved for expansion
307-13 SUBCHAPTER E. COUNTY SCHOOL LANDS
307-14 Sec. 14.101 <17.81>. DUTY OF COMMISSIONERS COURT. The <It
307-15 shall be the duty of the> commissioners court shall protect,
307-16 preserve, and dispose <to provide for the protection, preservation,
307-17 and disposition> of all lands <heretofore granted, or which may
307-18 hereafter be> granted<,> to the county for educational purposes and
307-19 constituting <which constitute> the permanent county school fund.
307-20 Sec. 14.102 <17.82>. SALE OF SCHOOL LAND. (a) Each county
307-21 may sell or dispose of school lands in the <such> manner <as may
307-22 be> prescribed by the commissioners court of the county.
307-23 (b) The proceeds of any <such> sale of county school lands
307-24 shall be invested in bonds of the United States, this state,<; the
307-25 State of Texas;> counties of this <the> state,<;> independent or
307-26 common school districts,<;> road precinct, drainage, irrigation,
307-27 navigation, and levee districts of this <in the> state,<;> or
308-1 municipalities <incorporated cities or towns;> or in
308-2 interest-bearing bank time deposits with the bank <having been>
308-3 designated as the depository for that county under the terms <and
308-4 conditions> of the depository contract. Those <These> bonds and
308-5 deposits shall be held by the county in trust for the benefit of
308-6 its public <free> schools, and only interest on the bonds and
308-7 deposits <thereon> may be used and spent <expended> annually.
308-8 Sec. 14.103 <17.83>. Rental Proceeds. Besides other
308-9 available school funds provided by law, rental and lease proceeds
308-10 from lands <previously> granted by the state to a <any> county for
308-11 educational purposes shall be appropriated by the commissioners
308-12 court of the county in the same manner <legally> prescribed for the
308-13 appropriation of interest on bonds purchased with the proceeds from
308-14 sale of those <such> lands. Proceeds <Likewise, proceeds> from
308-15 the sale of timber on those <these> lands shall be invested by the
308-16 commissioners court as prescribed by <in> Section 14.102(b)
308-17 <17.82(b) of this code>. The <None of the> rental, lease, or
308-18 timber proceeds may not <shall> be applied by the commissioners
308-19 court to any purpose other than those prescribed by <in> this code.
308-20 (Sections 14.104-14.120 reserved for expansion
308-21 SUBCHAPTER F. SOCIAL SECURITY FOR EMPLOYEES
308-22 Sec. 14.121 <17.91>. Authority of Governing Board. The
308-23 county school trustees or county board of education<, as the case
308-24 may be,> of each county <in this state> may enter into all
308-25 necessary agreements with the Employees Retirement System of Texas
308-26 to provide for coverage under the old-age, survivors, and
308-27 disability <Old Age and Survivors Insurance> provisions of the
309-1 <Federal> Social Security Act (42 U.S.C. Section 301 et seq.) of
309-2 all persons who qualify under applicable federal regulations and
309-3 whose <salaries, wages or other> compensation is <are> paid from
309-4 the county administration fund, the county transportation fund, or
309-5 any other fund <or funds> administered by the <such> governing
309-6 board. With reference to those <these> agreements, the county
309-7 governing board has <shall have> the same authority as that of
309-8 <counties, municipalities, and> other political subdivisions with
309-9 respect to participation of employees in the federal old-age,
309-10 survivors, and disability insurance <Federal Old Age and Survivors
309-11 Insurance> program.
309-12 Sec. 14.122 <17.92>. Employer's Matching Contribution.
309-13 (a) The minimum employer's matching contributions, required by
309-14 federal regulations, shall be paid into the fund from which each
309-15 person is paid <his salary, wages, or other> compensation, by the
309-16 state or political subdivisions, as the case may be, that <which>
309-17 is required by law to pay the <salary, wages, or other>
309-18 compensation of the <such> person.
309-19 (b) If the <salary, wages, or other> compensation of a
309-20 person comes from more than one source, each source <of said
309-21 sources> shall pay its pro rata share of the employer's matching
309-22 contribution. The administrative costs of the program shall be
309-23 prorated in the same <like> manner.
309-24 (c) In the case of instructors and other authorized
309-25 personnel, if any, employed by the county school governing body for
309-26 duties in connection with special schools for vocational and
309-27 educational training of veterans, the employer's matching
310-1 contributions and pro rata administrative costs <for such
310-2 instructors and employees> shall be paid by the board from the
310-3 operating funds of those <said> special schools and collected in
310-4 the same manner as other operating expenses of those schools are
310-5 collected.
310-6 (d) The minimum employer's matching contribution is <shall,
310-7 in all cases, be> in addition to any maximum compensation fixed by
310-8 law for the persons <or employees> covered by this subchapter.
310-9 (Sections 14.123-14.150 reserved for expansion
310-10 SUBCHAPTER G. PROHIBITING <TERMINATING> STATE FISCAL SUPPORT
310-11 FOR COUNTY SCHOOL ADMINISTRATION IN CERTAIN COUNTIES
310-12 Sec. 14.151 <17.94>. <TERMINATION OF> STATE FISCAL SUPPORT
310-13 PROHIBITED IN CERTAIN COUNTIES. State <After December 31, 1978, no
310-14 state> funds may not <shall> be used to support the office
310-15 <offices> of county school superintendent <or ex officio county
310-16 school superintendent> or a board of county school trustees or a
310-17 county school board in counties that do not have a <with no> common
310-18 school district <districts> or rural high school district. The
310-19 <districts but the> offices and boards may be supported by ad
310-20 valorem tax revenue generated in accordance with <the provisions
310-21 of> Chapter 46 <18 of this code,> or by funds provided by the
310-22 school districts in accordance with <the provisions of> a voluntary
310-23 contract as provided by <in> Section 14.155 <17.98 of this
310-24 Chapter>.
310-25 Sec. 14.152 <17.95>. Abolition of Certain County School
310-26 Administrative Offices. (a) Except as provided by Subsection (b)
310-27 <On December 31, 1978, all offices of county school superintendent
311-1 and ex officio county school superintendent and all county boards
311-2 of school trustees and county school boards in counties with no
311-3 common school districts or rural high school districts which are
311-4 not supported by ad valorem tax revenue generated under the
311-5 provisions of Chapter 18 of this code or by voluntary local
311-6 contract in accordance with Section 17.98 are abolished.>
311-7 <(b) After December 31, 1978>, if at any time all school
311-8 districts within a county become independent, the office of county
311-9 school superintendent <or ex officio county school superintendent,>
311-10 and the county board of school trustees or the county <school>
311-11 board of education are<, shall be> automatically abolished as of
311-12 the date the last common or rural high school district becomes
311-13 independent.
311-14 (b) Subsection (a) does not apply to a county that has a
311-15 county-unit system as defined by Section 46.001.
311-16 Sec. 14.153 <17.96>. Transfer of Certain Powers and Duties.
311-17 (a) The powers and duties of an abolished office <offices> of
311-18 county school superintendent <and ex officio county
311-19 superintendents> and of an abolished county board <boards> of
311-20 school trustees or <and> county board of education <school boards>
311-21 vest in the officers <officials> designated in <the following
311-22 subsections of> this section. An officer is<, and the officials
311-23 are> not entitled to additional compensation for performing the
311-24 duties.
311-25 (b) The powers and duties of an abolished office of county
311-26 school superintendent <or ex officio county school superintendent>
311-27 relating to the approval of or recommendations concerning the
312-1 operation of a school district in the county vest in the governing
312-2 board of the district.
312-3 (c) The powers and duties of an abolished office of county
312-4 school superintendent <or ex officio county school superintendent>
312-5 relating to cooperative agreements between districts for the
312-6 employment of special service teachers, counselors, supervisors, or
312-7 other personnel vest in the governing board of the regional
312-8 education service center for the region in which <embracing> the
312-9 county is located.
312-10 (d) The authority to annually prorate the available county
312-11 school fund, if any, among the <several> districts in the county
312-12 vests in the county judge. The county judge<, and he> shall
312-13 certify to the agency <Central Education Agency> the amount
312-14 prorated to each district.
312-15 (e) The powers and duties of abolished offices of county
312-16 school trustees or county <school> boards of education concerning
312-17 annexation of school districts, detachment of territory from school
312-18 districts, or alteration of school district boundaries vest in the
312-19 commissioners court of the county.
312-20 (f) The powers and duties of abolished offices of county
312-21 school trustees or county <school> boards of education relating to
312-22 the administration or operation of schools in the county vest in
312-23 the governing boards of the districts concerned.
312-24 (g) All powers and duties of the abolished offices and
312-25 boards not otherwise vested by this section vest in the county
312-26 judge.
312-27 <(h) In a county in which the county board of school
313-1 trustees and the office of county school superintendent have been
313-2 abolished, the appeal of a decision of a local school board
313-3 required by law to be heard by the county school superintendent or
313-4 the county board of school trustees shall be heard by the
313-5 commissioner of education in the manner provided by Section 11.13
313-6 of this code.>
313-7 Sec. 14.154 <17.97>. Transfer of Records and Funds. (a) In
313-8 all counties in which the county school administrative offices are
313-9 abolished pursuant to Section 14.152 <17.95 of this subchapter>,
313-10 all unused county administration budget funds remaining at the time
313-11 the offices are abolished <shall> revert back to their source.
313-12 (b) All records of school districts maintained by county
313-13 administrative offices that are abolished pursuant to Section
313-14 14.152 <17.95 of this subchapter> shall be transferred to the
313-15 respective school districts concerned except for original financial
313-16 records, which shall be retained by the county treasurer and made
313-17 available for examination or for reproduction at district expense
313-18 where needed.
313-19 Sec. 14.155 <17.98>. Composition, Powers, and Duties of
313-20 County Administrations Established by Contract Among School
313-21 Districts. Funding for the offices of county school superintendent
313-22 <or ex officio county school superintendent> or a board of county
313-23 school trustees or a county <school> board of education may be
313-24 provided by a voluntary contract among the independent school
313-25 districts of a county, with the <such> powers and duties as
313-26 provided by the <such> contract <shall provide>.
313-27 <Sec. 17.99. RECLASSIFICATION OF CERTAIN SCHOOL DISTRICTS.
314-1 On September 1, 1978, all common school districts and rural high
314-2 school districts located in counties that do not support county
314-3 school administration from ad valorem tax revenue generated
314-4 pursuant to the provisions of Chapter 18 of this code shall be
314-5 reclassified as independent school districts by the Central
314-6 Education Agency, unless requested not to do so by resolution duly
314-7 adopted by the board of trustees of such district, and thereafter
314-8 the districts shall be governed by the provisions of law applicable
314-9 to independent school districts. Members of the governing boards
314-10 of a common school district reclassified as an independent school
314-11 district shall continue to serve as trustees of the district until
314-12 their respective terms of office expire. Each district shall
314-13 continue to be governed by the same number of trustees elected for
314-14 the same terms of office in effect immediately preceding the
314-15 district's reclassification.>
314-16 (Chapters 15-18 reserved for expansion
314-17 CHAPTER 19 <29>. SCHOOLS IN <WITHIN> THE TEXAS
314-18 DEPARTMENT OF CRIMINAL JUSTICE <CORRECTIONS>
314-19 Sec. 19.001. DEFINITIONS. In this chapter:
314-20 (1) "Board" means the Texas Board of Criminal Justice.
314-21 (2) "Department" means the Texas Department of
314-22 Criminal Justice.
314-23 Sec. 19.002 <29.01>. ESTABLISHMENT <AND LOCATION>. The
314-24 Texas Board of Criminal Justice <Corrections> may establish and
314-25 operate a school district as a part of <schools at the various
314-26 units of> the Texas Department of Criminal Justice to be known as
314-27 the Windham School District <Corrections>.
315-1 Sec. 19.003. GOALS OF THE DISTRICT. The goals of the
315-2 district are to:
315-3 (1) reduce recidivism;
315-4 (2) reduce the cost of confinement or imprisonment;
315-5 (3) increase the success of former inmates in
315-6 obtaining and maintaining employment; and
315-7 (4) provide an incentive to inmates to behave in
315-8 positive ways during confinement or imprisonment.
315-9 Sec. 19.004. GOVERNANCE, LIMITATION ON POWERS, AND DUTIES.
315-10 (a) The district shall be governed as provided by this chapter and
315-11 policies established by the board. Unless otherwise specifically
315-12 provided, a provision of this code applying to school districts
315-13 does not apply to the district.
315-14 (b) The district may not impose a tax.
315-15 (c) The district shall:
315-16 (1) develop educational and vocational training
315-17 programs specifically designed for persons eligible under Section
315-18 19.005; and
315-19 (2) coordinate educational programs and services in
315-20 the department with those provided by other state agencies, by
315-21 political subdivisions, and by persons who provide programs and
315-22 services under contract.
315-23 Sec. 19.005 <29.02>. ELIGIBILITY FOR CERTAIN PROGRAMS AND
315-24 SERVICES <OF STUDENTS>. Only a person confined or imprisoned <All
315-25 persons incarcerated> in the department <Department of Corrections>
315-26 who is <are> not a high school graduate is <graduates are> eligible
315-27 for programs or services under this chapter paid for with money
316-1 from the foundation school fund <to attend such schools>.
316-2 Sec. 19.006 <29.03>. <BOARD MAY ACCEPT> GRANTS AND FEDERAL
316-3 FUNDS. (a) The district <Board of Corrections> may accept a grant
316-4 <grants> from a <both> public or <and> private organization
316-5 <organizations> and may spend those <expend such> funds to operate
316-6 district programs and provide district services <for the purposes
316-7 of operating the schools>.
316-8 (b) The district may accept federal funds and shall use
316-9 those funds in compliance with applicable federal law, regulations,
316-10 and guidelines.
316-11 Sec. 19.007 <29.04>. Costs to be Borne by State. (a)
316-12 Except as authorized by Section 19.006 and this section, the state
316-13 shall pay the <The total> cost of operating the district.
316-14 (b) The costs for persons eligible under Section 19.005
316-15 <schools authorized by this chapter shall be borne entirely by the
316-16 state and> shall be paid from the foundation school fund
316-17 <Foundation School Program Fund>. Those <Such> costs shall be
316-18 considered annually by the foundation school fund budget committee
316-19 <Foundation School Fund Budget Committee> and included in
316-20 estimating the funds needed for purposes of the Foundation School
316-21 Program.
316-22 (c) In addition to money from the foundation school fund,
316-23 the district may receive appropriated money from the department for
316-24 educational programs.
316-25 (d) The <No part of the> operating costs of the district may
316-26 not <herein provided for shall> be charged to another <any of the>
316-27 school district <districts of this state>.
317-1 Sec. 19.008 <29.05>. Allocation of Costs. (a) The
317-2 commissioner shall allocate funds to the district from the
317-3 foundation school fund based on an amount, established in the
317-4 General Appropriations Act, for each contact hour between a teacher
317-5 and a person eligible under Section 19.005, including associated
317-6 administrative costs, for the best 180 of 210 school days in each
317-7 year of the state fiscal biennium. Those funds may be spent only
317-8 for district administrative costs related to education and for
317-9 district educational programs and services and only with the
317-10 approval of the board.
317-11 (b) The agency by rule shall establish a time and manner for
317-12 the district to report and verify contact hours to the agency. <A
317-13 formula for the allocation of professional units and other
317-14 operating expenses shall be developed by the Central Education
317-15 Agency and approved by the State Board of Education. For the
317-16 fiscal year ending August 31, 1991, the amount approved by the
317-17 State Board of Education may not exceed $29 million. Not later
317-18 than February 1, 1991, the Central Education Agency and the Texas
317-19 Department of Criminal Justice shall propose to the 72nd
317-20 Legislature a formula for funding the schools authorized by Section
317-21 29.01 of this code, using the fund required by Section 29.04 of
317-22 this code.>
317-23 Sec. 19.009. DISTRICT EMPLOYEES. (a) The board may
317-24 establish personnel policies as necessary to ensure the effective
317-25 and efficient operation of the district.
317-26 (b) Each employee of the district shall serve 220 or 226
317-27 days each year, based on position, as determined by the board.
318-1 (c) A district employee required under Subchapter B, Chapter
318-2 21, to hold a certificate must be certified in accordance with that
318-3 subchapter.
318-4 (d) Each employee shall be paid according to a salary
318-5 schedule approved by the board. The schedule may allow for salary
318-6 differentiation that provides for salaries at a Windham School
318-7 District school site to be commensurate with educator salaries in
318-8 school districts contiguous to that school site.
318-9 (e) Each employee of the district who qualifies for
318-10 membership in the Teacher Retirement System of Texas shall be
318-11 covered under the system to the same extent a qualified employee of
318-12 any other district is covered.
318-13 (f) The state minimum sick leave program under Section
318-14 22.003 applies to a district employee in the same manner as that
318-15 program applies to an employee of any other school district.
318-16 Sec. 19.010. STRATEGIC PLAN AND ANNUAL REPORT. (a) The
318-17 district shall propose, and the board shall adopt with any
318-18 modification the board finds necessary, a strategic plan that
318-19 includes:
318-20 (1) a mission statement relating to the goals and
318-21 duties of the district under this chapter;
318-22 (2) goals to be met by the district in carrying out
318-23 the mission stated; and
318-24 (3) specific educational, vocational training, and
318-25 counseling programs to be conducted by the district to meet the
318-26 goals stated in the plan.
318-27 (b) The district shall prepare a report for each fiscal year
319-1 documenting district activities under the strategic plan. Not
319-2 later than January 31 of each year, the district shall file the
319-3 report for the preceding fiscal year with the board, the governor,
319-4 the lieutenant governor, the speaker of the house of
319-5 representatives, and the agency.
319-6 (Chapter 20 reserved for expansion
319-7 CHAPTER 21 <13>. EDUCATORS <TEACHERS>
319-8 SUBCHAPTER A. <SCOPE OF CHAPTER;> GENERAL PROVISIONS
319-9 Sec. 21.001. DEFINITIONS. In this chapter:
319-10 (1) "Board" means the State Board for Educator
319-11 Certification.
319-12 (2) "Commissioner" includes a person designated by
319-13 the commissioner.
319-14 Sec. 21.002. TEACHER EMPLOYMENT CONTRACTS. A school
319-15 district shall employ each classroom teacher under:
319-16 (1) a probationary contract, as provided by Subchapter
319-17 F;
319-18 (2) a continuing contract, as provided by Subchapter
319-19 G; or
319-20 (3) a term contract, as provided by Subchapter H.
319-21 Sec. 21.003. CERTIFICATION REQUIRED. (a) A person may not
319-22 be employed as a teacher, teacher intern or teacher trainee,
319-23 librarian, educational aide, administrator, or counselor by a
319-24 school district unless the person holds the appropriate certificate
319-25 issued by the board under Subchapter B.
319-26 (b) A person may not be employed by a school district in a
319-27 position other than one described by Subsection (a) and for which
320-1 the board by rule requires a person to hold a certificate unless
320-2 the person holds the appropriate certificate.
320-3 (c) The board may not require a person who is licensed in
320-4 this state as a speech language pathologist or audiologist to hold
320-5 a certificate issued by the board as a condition of performing
320-6 services consistent with the person's license. A school district
320-7 may not employ a person who is not licensed as a speech language
320-8 pathologist or audiologist to perform those services unless an
320-9 acceptable licensed person is not available.
320-10 Sec. 21.004 <13.039>. TEACHER RECRUITMENT PROGRAM. (a) The
320-11 agency <Central Education Agency> shall develop and implement a
320-12 program to identify talented students and recruit those students
320-13 for entry into the teaching profession.
320-14 (b) The recruitment program must include a technology
320-15 <multimedia> program suitable for presentation on campuses at
320-16 <Texas> high schools and institutions of higher education in this
320-17 state.
320-18 (c) The Texas Higher Education Coordinating Board<, Texas
320-19 College and University System,> shall cooperate with and assist the
320-20 agency <Central Education Agency> in the development and
320-21 implementation of the recruitment program.
320-22 (d) <Sec. 11.37. TEACHER RECRUITMENT. (a)> The
320-23 commissioner <of education> may coordinate and administer a
320-24 comprehensive program to identify the need for teachers in specific
320-25 subject areas and geographic regions and to encourage members of
320-26 underrepresented <minority> groups to enter the teaching
320-27 profession. In coordinating the program, the commissioner shall
321-1 consider the efforts of existing programs for recruiting minorities
321-2 into the teaching profession<, including those authorized under
321-3 Section 13.050 of this code>. The commissioner shall give priority
321-4 to implementing this program from the <agency's> discretionary
321-5 funds of the State Board of Education.
321-6 (e) <(b)> The commissioner may implement a plan to identify
321-7 talented secondary school students and to attract them to the
321-8 teaching profession. The <In cooperation with the> commissioner
321-9 may recruit<,> the principal of each high school in a school
321-10 district other than a home-rule school district to <in the state
321-11 shall> appoint a volunteer <teacher> as the teacher recruiting
321-12 officer for the school to assist in providing information about the
321-13 merits of the teaching profession and in identifying and
321-14 encouraging talented students to become teachers. In <At least
321-15 once each school year, the commissioner shall sponsor a meeting in>
321-16 each regional education service center region, the commissioner may
321-17 sponsor a meeting <area> of the teacher recruiting officers from
321-18 each high school in that region <area> to provide the officers the
321-19 opportunity to share information and written materials about the
321-20 teacher recruitment program.
321-21 (f) <(c)> The commissioner shall encourage the business
321-22 community to:
321-23 (1) cooperate with local schools to develop recruiting
321-24 programs designed to attract and retain capable teachers; and
321-25 (2) <. The commissioner shall encourage the business
321-26 community to> provide summer employment opportunities for teachers.
321-27 (g) <(d)> The commissioner shall encourage major education
322-1 associations to cooperate in developing a long-range program
322-2 promoting teaching as a career and to assist in identifying local
322-3 activities and resources that may be used to promote the teaching
322-4 profession.
322-5 (h) <(e)> Any funds solicited for or received from any
322-6 public or private source for this program may <shall> be used only
322-7 to implement <exclusively for the implementation of> this program.
322-8 Sec. 21.005 <11.2091>. MINORITY RECRUITMENT PROGRAMS. (a)
322-9 The Texas Higher Education Coordinating Board in cooperation with
322-10 the commissioner of education shall establish a program to assist
322-11 in the recruitment of minorities into the education profession.
322-12 The program may include<, but is not limited to, the following>:
322-13 (1) tuition or grant assistance programs;
322-14 (2) incentive scholarship programs using <utilizing>
322-15 funds under Subchapter G, Chapter 56, <of this code,> to encourage
322-16 minorities to enter the education profession;
322-17 (3) cooperation with institutions of higher education
322-18 to conduct recruitment seminars, job fairs, and mentorship
322-19 programs;
322-20 (4) cooperation with <public> school districts to
322-21 conduct career exploration programs in the area of public
322-22 education; and
322-23 (5) cooperation with education interest groups and
322-24 organizations to conduct career exploration programs, recruitment
322-25 seminars, job fairs, and mentorship programs.
322-26 (b) Funds appropriated for those <these> programs shall be
322-27 specifically allocated by the State Board of Education <board> in
323-1 its annual budget process and shall be monitored by the State Board
323-2 of Education <board> to determine that the program is meeting goals
323-3 established by the board.
323-4 <Sec. 13.001. SCOPE OF CHAPTER. The provisions of this
323-5 chapter apply to the teachers of the public schools of the state
323-6 and, as indicated by the context, to the auxiliary employees of the
323-7 public schools. However, this chapter is not exclusive, and its
323-8 provisions shall be construed as necessary along with other
323-9 provisions of this code applicable to teachers and auxiliary
323-10 employees.>
323-11 <Sec. 13.002. SALARIES. Salaries of teachers and other
323-12 personnel are governed by Subchapter D, Chapter 16 of this code.>
323-13 <Sec. 13.003. RETIREMENT. Retirement of teachers and other
323-14 personnel is governed by Subtitle C, Title 8, Government Code.>
323-15 (Sections 21.006-21.030 reserved for expansion
323-16 SUBCHAPTER B. CERTIFICATION OF EDUCATORS <TEACHERS>
323-17 Sec. 21.031. PURPOSE. (a) The State Board for Educator
323-18 Certification is established to recognize public school educators
323-19 as professionals and to grant educators the authority to govern the
323-20 standards of their profession. The board shall regulate and
323-21 oversee all aspects of the certification, continuing education, and
323-22 standards of conduct of public school educators.
323-23 (b) In adopting rules under this subchapter, the board shall
323-24 ensure that all candidates for certification or renewal of
323-25 certification demonstrate the knowledge and skills necessary to
323-26 make a positive impact on the performance of the diverse student
323-27 population of this state.
324-1 Sec. 21.032. STATE BOARD FOR EDUCATOR CERTIFICATION. (a)
324-2 The State Board for Educator Certification is composed of 14
324-3 members. The commissioner of education shall appoint an employee
324-4 of the agency to represent the commissioner as a nonvoting member.
324-5 The commissioner of higher education shall appoint an employee of
324-6 the Texas Higher Education Coordinating Board to represent the
324-7 commissioner as a nonvoting member. The remaining 12 members are
324-8 appointed by the governor with the advice and consent of the
324-9 senate, as follows:
324-10 (1) four members must be teachers employed in public
324-11 schools;
324-12 (2) two members must be public school administrators;
324-13 (3) one member must be a public school counselor; and
324-14 (4) five members must be citizens who are not and have
324-15 not been employed by a public school district.
324-16 (b) Appointments to the board shall be made without regard
324-17 to the race, color, disability, sex, religion, age, or national
324-18 origin of the person appointed.
324-19 (c) A board member is immune from civil suit for any act
324-20 performed in good faith in the execution of duties as a board
324-21 member.
324-22 Sec. 21.033. TERMS; VACANCY. (a) The board members
324-23 appointed by the governor hold office for staggered terms of six
324-24 years with the terms of one-third of the members expiring on
324-25 February 1 of each odd-numbered year. A member appointed by the
324-26 commissioner of education or the commissioner of higher education
324-27 serves at the will of the appointing commissioner.
325-1 (b) In the event of a vacancy during a term of a member
325-2 appointed by the governor, the governor shall appoint a replacement
325-3 who meets the qualifications of the vacated office to fill the
325-4 unexpired portion of the term.
325-5 Sec. 21.034. APPLICATION OF SUNSET ACT. The board is
325-6 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
325-7 continued in existence as provided by that chapter, the board is
325-8 abolished and this subchapter expires September 1, 2003.
325-9 Sec. 21.035. OFFICERS. The board shall elect one of its
325-10 citizen members to serve as presiding officer for a term of two
325-11 years. The presiding officer is entitled to vote on all matters
325-12 before the board. The board may elect other officers from among
325-13 its membership.
325-14 Sec. 21.036. COMPENSATION. A board member may not receive
325-15 compensation for serving on the board. A member is entitled to
325-16 reimbursement for actual and necessary expenses incurred in
325-17 performing functions as a member of the board, subject to any
325-18 applicable limitation on reimbursement provided by the General
325-19 Appropriations Act.
325-20 Sec. 21.037. MEETINGS. (a) The board shall meet at least
325-21 once in each quarter of the calendar year.
325-22 (b) The board may meet at other times at the call of the
325-23 presiding officer or as provided by the rules of the board.
325-24 Sec. 21.038. EXECUTIVE DIRECTOR; PERSONNEL. The board shall
325-25 employ an executive director. The executive director shall:
325-26 (1) perform duties as assigned by the board or
325-27 specified by law;
326-1 (2) administer and enforce all laws and rules
326-2 implemented by the board;
326-3 (3) issue the certificates authorized under this
326-4 subchapter; and
326-5 (4) hire and dismiss the employees of the board.
326-6 Sec. 21.039. GENERAL POWERS AND DUTIES OF BOARD. The board
326-7 shall:
326-8 (1) supervise the executive director's performance;
326-9 (2) approve an operating budget for the board and make
326-10 a request for appropriations;
326-11 (3) appoint the members of any advisory committee to
326-12 the board;
326-13 (4) for each class of educator certificate, appoint an
326-14 advisory committee composed of members of that class to recommend
326-15 standards for that class to the board;
326-16 (5) provide to its members and employees, as often as
326-17 necessary, information regarding their qualifications for office or
326-18 employment under this chapter and their responsibilities under
326-19 applicable laws relating to standards of conduct for state officers
326-20 or employees;
326-21 (6) develop and implement policies that clearly define
326-22 the respective responsibilities of the board and the board's staff;
326-23 and
326-24 (7) file annually with the governor and the presiding
326-25 officer of each house of the legislature a complete and detailed
326-26 written report, in the form and within the time provided by the
326-27 General Appropriations Act, accounting for all funds received and
327-1 disbursed by the board during the preceding fiscal year.
327-2 Sec. 21.040. RULES; FEES. (a) The board may adopt rules as
327-3 necessary for its own procedures.
327-4 (b) The board shall adopt rules that:
327-5 (1) provide for the regulation of educators and the
327-6 general administration of this subchapter in a manner consistent
327-7 with this subchapter;
327-8 (2) specify the classes of educator certificates to be
327-9 issued, including emergency certificates;
327-10 (3) specify the period for which each class of
327-11 educator certificate is valid;
327-12 (4) specify the requirements for the issuance or
327-13 renewal of an educator certificate;
327-14 (5) provide for the issuance of an educator
327-15 certificate to a person who holds a similar certificate issued by
327-16 another state, subject to Section 21.047;
327-17 (6) provide for special or restricted certification of
327-18 educators;
327-19 (7) provide for disciplinary proceedings, including
327-20 the suspension or revocation of an educator certificate, as
327-21 provided by Chapter 2001, Government Code;
327-22 (8) provide for the adoption, amendment, and
327-23 enforcement of an educator's code of ethics;
327-24 (9) provide for continuing education requirements; and
327-25 (10) provide for certification of persons performing
327-26 appraisals under Subchapter I.
327-27 (c) The board by rule shall adopt a fee for the issuance of
328-1 an educator certificate that is adequate to cover the cost of
328-2 examination and issuance. The board by rule shall adopt an annual
328-3 fee for renewal of an educator certificate in an amount not less
328-4 than $25 or more than the amount needed to administer this
328-5 subchapter. The board shall provide for a reduced fee for renewal
328-6 of a certificate held by an educator who is not employed by a
328-7 public or private school or a school district.
328-8 Sec. 21.041. EDUCATOR PREPARATION. The board shall
328-9 establish the training requirements a person must follow to obtain
328-10 a certificate, enter an internship, or enter an induction-year
328-11 program. The board shall specify the minimum academic
328-12 qualifications required for a certificate but may not certify a
328-13 course or program of teacher preparation.
328-14 Sec. 21.042. QUALIFICATIONS FOR CERTIFICATION AS
328-15 SUPERINTENDENT OR PRINCIPAL. (a) The qualifications for
328-16 superintendent must permit a candidate for certification to
328-17 substitute management training or experience for part of the
328-18 educational experience.
328-19 (b) The qualifications for certification as a principal must
328-20 be sufficiently flexible so that an outstanding teacher may qualify
328-21 by substituting approved experience and professional training for
328-22 part of the educational requirements. Supervised and approved
328-23 on-the-job experience in addition to required internship shall be
328-24 accepted in lieu of classroom hours. The qualifications must
328-25 emphasize:
328-26 (1) instructional leadership;
328-27 (2) administration, supervision, and communication
329-1 skills;
329-2 (3) curriculum and instruction management;
329-3 (4) performance evaluation;
329-4 (5) organization; and
329-5 (6) fiscal management.
329-6 (c) Because an effective principal is essential to school
329-7 improvement, the board shall ensure that:
329-8 (1) each candidate for certification as a principal is
329-9 of the highest caliber; and
329-10 (2) comprehensive assessments and internships exist to
329-11 determine whether a candidate for certification as a principal
329-12 possesses the essential knowledge, skills, and leadership
329-13 capabilities necessary for success.
329-14 Sec. 21.043. CERTIFICATION EXAMINATIONS. (a) The board by
329-15 rule shall prescribe comprehensive examinations for each class of
329-16 certificate issued by the board.
329-17 (b) The board may not administer a written examination to
329-18 determine the competence or level of performance of an educator who
329-19 has a hearing impairment unless the examination has been field
329-20 tested to determine its appropriateness, reliability, and validity
329-21 as applied to, and minimum acceptable performance scores for,
329-22 persons with hearing impairments.
329-23 (c) An educator who has a hearing impairment is exempt from
329-24 taking a written examination for a period ending on the first
329-25 anniversary of the date on which the board determines, on the basis
329-26 of appropriate field tests, that the examination complies with the
329-27 standards specified in Subsection (b). On application to the
330-1 board, the board shall issue a temporary exemption certificate to a
330-2 person entitled to an exemption under this subsection.
330-3 (d) In this section:
330-4 (1) "Hearing impairment" means a hearing impairment so
330-5 severe that the person cannot process linguistic information with
330-6 or without amplification.
330-7 (2) "Reliability" means the extent to which an
330-8 experiment, test, or measuring procedure yields the same results on
330-9 repeated trials.
330-10 (3) "Validity" means being:
330-11 (A) well-grounded or justifiable;
330-12 (B) relevant and meaningful;
330-13 (C) correctly derived from premises or
330-14 inferences; and
330-15 (D) supported by objective truth or generally
330-16 accepted authority.
330-17 <Sec. 13.032. ><Rules and Regulations><. (a) The State Board
330-18 of Education, with the advice and assistance of the state
330-19 commissioner of education, is authorized to establish such rules
330-20 and regulations as are not inconsistent with the provisions of this
330-21 chapter and which may be necessary to administer the
330-22 responsibilities vested under the terms of this chapter concerning
330-23 the issuance of certificates and the standards and procedures for
330-24 the approval or disapproval of colleges and universities offering
330-25 programs of teacher education.>
330-26 <(b) The State Board of Education shall consider
330-27 recommendations of the commissioner of education, in all matters
331-1 covered by this subchapter.>
331-2 <(c) In developing standards for programs in teacher
331-3 education, the board shall provide each approved institution with a
331-4 statement of the general qualifications required for each area of
331-5 specialization for which a teaching certificate is authorized. The
331-6 board may not require an institution to teach a particular doctrine
331-7 or to conduct instruction on the basis of, or in accordance with,
331-8 any particular pedagogical method. The board shall adopt as an
331-9 accreditation standard for teacher education programs a standard
331-10 for the cumulative performance of a program's students on the
331-11 certification examination required under Subsection (e) of this
331-12 section. A program that fails to meet the cumulative performance
331-13 standard is subject to sanctions under Section 13.033 of this code.>
331-14 <(d) The State Board of Education by rule shall prescribe:>
331-15 <(1) the classes of teaching certificates to be
331-16 issued, based on education, experience, competency, duties, or
331-17 other relevant considerations;>
331-18 <(2) the time period for which each class of
331-19 certificate is valid; and>
331-20 <(3) the requirements for issuance of an initial
331-21 certificate or renewal of an existing certificate.>
331-22 <(e) The State Board of Education by rule shall require
331-23 satisfactory performance on a competency examination of basic
331-24 skills prescribed by the board as a condition to admission into an
331-25 approved teacher education program. In addition, the board by rule
331-26 shall require satisfactory performance after graduation from an
331-27 in-state or out-of-state teacher education program on a
332-1 comprehensive examination prescribed by the board as a condition to
332-2 full certification as a teacher and shall require satisfactory
332-3 performance on a separate examination prescribed by the board as a
332-4 condition to certification as a superintendent or other
332-5 administrator. The board shall prescribe an examination designed
332-6 to test knowledge appropriate for certification to teach primary
332-7 grades and an examination designed to test knowledge appropriate
332-8 for certification to teach secondary grades. The secondary teacher
332-9 examinations must test knowledge of each examinee in the subject
332-10 areas listed in Section 21.101 of this code in which the examinee
332-11 will be certified to teach. The administrator examinations must
332-12 test administrative skills and knowledge in subject areas and other
332-13 matters as the board considers appropriate. The board, in
332-14 conjunction with school districts, shall provide candidates for
332-15 teacher or administrator certification with an opportunity for
332-16 board-developed preparation for the certification examination. The
332-17 board may limit the number of times a candidate for certification
332-18 who fails to perform satisfactorily on the certification
332-19 examination may retake it, but each candidate must be given more
332-20 than one opportunity to perform satisfactorily. However, except
332-21 for a candidate certified in another state or a candidate employed
332-22 under an emergency permit who is making satisfactory progress
332-23 toward completion of a deficiency plan, a candidate may not teach
332-24 in a subject area until the candidate has performed satisfactorily
332-25 on the certification examination in that subject area. The
332-26 commissioner of education may waive the requirement for
332-27 satisfactory performance on the subject area certification
333-1 examination for not more than one year in a case of extreme
333-2 personal hardship to the candidate. The board shall prescribe the
333-3 method of determining the satisfactory level of performance on a
333-4 test under this subsection.>
333-5 <(f) The State Board of Education may fix and require
333-6 payment of a fee as a condition to taking an examination required
333-7 by this section. The fee must be reasonable and designed to cover
333-8 the costs of the agency relating to administration of the
333-9 examination.>
333-10 <(g) A person enrolled in a general academic teaching
333-11 institution, as defined by Section 61.003(3) of this code, before
333-12 the effective date of rules adopted under Subsection (e) of this
333-13 section is entitled to enter an approved teacher education program
333-14 of that institution or to remain in the program and complete it in
333-15 accordance with the law and the rules of the board in effect before
333-16 the adoption of rules under Subsection (e) of this section. A
333-17 person who before the effective date of rules adopted under
333-18 Subsection (d) or (e) of this section was issued a teaching
333-19 certificate in accordance with prior law is entitled to retain that
333-20 certificate, and the rights of that person relating to
333-21 certification shall be determined in accordance with the law and
333-22 rules in effect before the adoption of rules under those
333-23 subsections.>
333-24 <(h) The State Board of Education by rule may fix and
333-25 require payment of a fee as a condition to the issuance of a
333-26 teaching certificate. The fee must be reasonable and designed to
333-27 cover the administrative costs of issuing the certificate. The
334-1 board may adopt a different fee for each class of certificate
334-2 issued. The board by rule shall fix and require payment of an
334-3 additional fee to recover the administrative costs of reviewing the
334-4 credentials of an applicant for a certificate. The commissioner of
334-5 education shall periodically review and recommend adjustments in
334-6 the level of fees required under this subsection.>
334-7 <(i) As a condition of obtaining or maintaining board
334-8 accreditation for its teacher education program, an institution
334-9 must include as part of its teacher education program training on
334-10 recognizing and responding to:>
334-11 <(1) signs of abuse or neglect in students; and>
334-12 <(2) signs that a student is using alcohol or other
334-13 drugs.>
334-14 <(j) As a condition of certification to teach students with
334-15 visual handicaps, the State Board of Education by rule shall
334-16 require satisfactory performance on an examination prescribed by
334-17 the board that is designed to assess competency in Braille reading
334-18 and writing skills according to standards adopted by the board.>
334-19 <(k) A person who has a composite score on the American
334-20 College Test, the Scholastic Assessment Test, or a similar
334-21 assessment test that is at or above a percentage set by the State
334-22 Board of Education is not required to take the basic competency
334-23 examination prescribed by the board as a condition to admission
334-24 into an approved teacher education program under Subsection (e) of
334-25 this section.>
334-26 <Sec. 13.0321. ><Requirements for Certification of Teachers to
334-27 Teach at a Grade Level or Subject Area Not Covered by Their
335-1 Teaching Certificate><. (a) The State Board of Education by rule
335-2 shall provide for a certified teacher to qualify for additional
335-3 certification to teach at a grade level or in a subject area not
335-4 covered by the teacher's certificate on satisfactory completion of:>
335-5 <(1) any examination required under this code or by
335-6 State Board of Education rules adopted under Section 13.032 of this
335-7 code, to teach at that grade level or in that subject area; and>
335-8 <(2) a one-year internship under the supervision of an
335-9 experienced, certified teacher who teaches at that grade level or
335-10 in that subject area.>
335-11 <(b) A teacher who holds a secondary certificate is exempt
335-12 from the requirement under Subsection (a)(2) of this section if
335-13 that teacher is seeking certification to teach in a secondary
335-14 subject area listed under Section 21.101(a) of this code.>
335-15 <(c) The one-year internship required under Subsection
335-16 (a)(2) of this section counts as one year of teaching experience
335-17 for purposes of the career ladder.>
335-18 <Sec. 13.0323. ><Restricted Certification of Individual
335-19 Convicted of a Criminal Offense><. (a) The State Board of Education
335-20 by rule shall provide for restricted certification as a teacher of
335-21 an individual convicted of a criminal offense who would be eligible
335-22 for certification to teach in a public school in this state if the
335-23 individual had not been convicted of the offense.>
335-24 <(b) An individual certified under this section may serve as
335-25 a teacher only in a correctional facility operated by an agency of
335-26 the state or a political subdivision of the state.>
335-27 <Sec. 13.033. ><Teacher Education Program Accreditation
336-1 Sanctions><. (a) If the commissioner determines that a teacher
336-2 education program fails to meet any accreditation standard
336-3 prescribed by rule of the State Board of Education, the
336-4 commissioner shall give confidential notice of the standard not met
336-5 to the chief administrator of the program and to any accreditation
336-6 committee of the board of regents of the institution. If the
336-7 deficiency is not corrected within a reasonable time, as determined
336-8 by the commissioner, the commissioner shall give public notice of
336-9 the deficiency to the board of regents. If the deficiency remains
336-10 uncorrected after a reasonable period of time, the commissioner
336-11 shall recommend to the State Board of Education that the program be
336-12 placed on probation.>
336-13 <(b) The State Board of Education may place a teacher
336-14 education program on probation for a period of 24 months. The fact
336-15 that the program is on probation must be published in any
336-16 admissions catalogue concerning the program.>
336-17 <(c) During the probation, the program must significantly
336-18 reduce the number of students graduating from the program, as
336-19 determined by rule of the State Board of Education.>
336-20 <(d) If the program has not satisfied accreditation
336-21 standards by the end of the probationary period, the State Board of
336-22 Education shall revoke the program's accreditation. A student
336-23 enrolled in the program before accreditation is revoked may not be
336-24 disqualified from certification on the basis of this subsection.>
336-25 <(e) The State Board of Education may reinstate the
336-26 accreditation of a program after the board determines that the
336-27 program meets accreditation standards.>
337-1 <Sec. 13.034. ><Annual Performance Report><. (a) Each teacher
337-2 education program shall submit to the State Board of Education an
337-3 annual performance report concerning the quality of teacher
337-4 education offered by the program. The report is public
337-5 information.>
337-6 <(b) The report shall be in the form and contain the
337-7 elements required by the board. At a minimum, the report must
337-8 include the following information:>
337-9 <(1) the number of students admitted to the program;>
337-10 <(2) the performance of students in the program on any
337-11 required professional skills test;>
337-12 <(3) the number of students admitted to student
337-13 teaching;>
337-14 <(4) the number of students completing the program and
337-15 their performance on any required exit test;>
337-16 <(5) the employment success of graduates from the
337-17 program;>
337-18 <(6) the use of state funds in the program; and>
337-19 <(7) other matters as required by rule of the board.>
337-20 Sec. 21.044 <13.035>. Alternative Certification. <(a)> To
337-21 provide a continuing additional source of qualified educators
337-22 <teachers and administrators>, the board <State Board of Education>
337-23 by rule shall provide for educator <teacher and administrator>
337-24 certification programs as an alternative to teacher education
337-25 programs. The rules may not provide that a person may be certified
337-26 under this section only if there is a demonstrated shortage of
337-27 educators <teachers> in a school district or subject area.
338-1 <(b) The rules must provide for the persons being certified
338-2 to satisfactorily complete:>
338-3 <(1) any examinations required generally for
338-4 certification, except that a person certified under this section
338-5 shall be exempted from taking any examination or portion of an
338-6 examination that is designed to test knowledge of pedogogical
338-7 methods, history of education, or child psychology if the person
338-8 has not received formal educational training for a course in the
338-9 subject area;>
338-10 <(2) a one-year internship under the supervision of an
338-11 experienced, certified teacher;>
338-12 <(3) teaching method and classroom management training
338-13 prescribed by the board; and>
338-14 <(4) an appropriate number of semester hours credit,
338-15 as determined by the State Board of Education, from an accredited
338-16 institution of higher education and in the area in which the person
338-17 is to be teaching.>
338-18 <(c) The internship provided for by Subsection (b)(2) of
338-19 this section is a year of teaching experience for purposes of the
338-20 career ladder.>
338-21 Sec. 21.045 <13.036>. Academic Degree Required for Teaching
338-22 Certificate. (a) A person who<, after September 1, 1991,> applies
338-23 for a teaching certificate for which board <the> rules <of the
338-24 State Board of Education> require a bachelor's degree must possess
338-25 a bachelor's degree received with an academic major or
338-26 interdisciplinary academic major, including reading, other than
338-27 education, that <which> is related to the <Texas school> curriculum
339-1 as prescribed under Subchapter A, Chapter 28 <defined in Chapter
339-2 21.101 of the Education Code>.
339-3 (b) Not <After September 1, 1991, no> more than 18 semester
339-4 credit hours of education courses at the baccalaureate level may be
339-5 required for the granting of a teaching certificate by the board
339-6 <State Board of Education>. Included in the hours needed for
339-7 certification, the board <State Board of Education> shall provide
339-8 for a minimum number of semester credit hours of internship
339-9 <student teaching>. The board may <allow> by rule require
339-10 additional credit hours for certification in bilingual education,
339-11 English as a second language, early childhood education, or special
339-12 education.
339-13 Sec. 21.046. OPTIONS FOR FIELD EXPERIENCE AND INTERNSHIPS.
339-14 The board by rule shall provide flexible options for persons for
339-15 any field experience or internship required for certification.
339-16 Sec. 21.047. CERTIFICATION OF EDUCATORS FROM OUTSIDE THE
339-17 STATE. (a) The board may issue a certificate to an educator who:
339-18 (1) holds:
339-19 (A) a degree issued by an institution accredited
339-20 by a regional accrediting agency or group that is recognized by a
339-21 nationally recognized accreditation board; or
339-22 (B) a degree issued by an institution located in
339-23 a foreign country, if the degree is equivalent to a degree
339-24 described by Paragraph (A);
339-25 (2) holds an appropriate certificate or other
339-26 credential issued by another state or country; and
339-27 (3) performs satisfactorily on the examination
340-1 prescribed by the board under Section 21.043.
340-2 (b) For purposes of Subsection (a)(2), a person is
340-3 considered to hold a certificate or other credential if the
340-4 credential is not valid solely because it has expired.
340-5 <Sec. 13.037. ><Teacher Education Program Delivery and
340-6 Accountability><. (a) Graduates of teacher education programs or
340-7 persons admitted to alternative certification programs shall be
340-8 recommended for probationary teacher status for entry into an
340-9 induction program for their probationary year as established under
340-10 Section 13.306 of this code.>
340-11 <(b) The performance of graduates of teacher education
340-12 programs on the state-mandated tests for graduation from a teacher
340-13 education program and performance by teachers on the statewide
340-14 appraisal system implemented in each school district shall be
340-15 included in the deliberations by the board in determining the
340-16 accreditation status of each teacher education program.>
340-17 <(c) The Central Education Agency shall collect and maintain
340-18 data from state-mandated tests required for entry to and exit from
340-19 teacher education programs. The Central Education Agency shall
340-20 provide probationary teacher performance data on a regular basis to
340-21 the respective institutions of higher education and to the Texas
340-22 Higher Education Coordinating Board.>
340-23 <Sec. 13.038. ><Teacher Induction><. (a) The State Board of
340-24 Education and the Coordinating Board, Texas College and University
340-25 System, shall develop a comprehensive teaching induction program
340-26 for the probationary period.>
340-27 <(b) The induction program shall include a one-year period
341-1 of teaching cooperatively supervised by experienced teachers,
341-2 school administrators, and faculty of institutions of higher
341-3 education.>
341-4 Sec. 21.048 <13.914>. LOANED TEACHERS. (a) A school
341-5 district may by agreement with a business, including a sole
341-6 proprietorship or corporation, accept for special employment as a
341-7 classroom teacher with the district a person employed by the
341-8 business <subject to the conditions prescribed by Subsection (b)>.
341-9 (b) <An agreement under Subsection (a) must provide that:>
341-10 <(1) the salary of the loaned teacher is paid by the
341-11 business according to the contractual relationship between the
341-12 business and the loaned teacher;>
341-13 <(2) the school district shall supervise the loaned
341-14 teacher in the performance of teaching activities; and>
341-15 <(3) all health and accident insurance and pension
341-16 benefits of the loaned teacher are the exclusive obligation of the
341-17 business.>
341-18 <(c) The commissioner of education may adopt guidelines for
341-19 an agreement under this section and may authorize the expenditure
341-20 of Central Education Agency funds for the recruiting and employment
341-21 of loaned teachers under this section.>
341-22 <(d)> The board <State Board of Education> by rule may
341-23 provide a one-year exemption for a loaned teacher from the teacher
341-24 certification requirements of this chapter and may provide minimum
341-25 standards and educational experience for qualifications for the
341-26 exemption.
341-27 Sec. 21.049 <13.045>. Presentation and Recording of
342-1 Certificates. (a) Any person who desires to teach in a public
342-2 school shall present the person's <his> certificate for filing with
342-3 the employing district before the person's <his> contract with the
342-4 board of trustees of the district shall be binding.
342-5 (b) An educator <A teacher or superintendent> who does not
342-6 hold a valid certificate may <or emergency permit shall> not be
342-7 paid for teaching or work done before the effective date of
342-8 issuance of a valid certificate <or permit>.
342-9 Sec. 21.050. CONTINUING EDUCATION. The board shall
342-10 establish a process for identifying continuing education courses
342-11 and programs that fulfill educators' continuing education
342-12 requirements.
342-13 <Sec. 13.046. ><Suspension and Cancellation of Certificates><.
342-14 (a) Any teacher's certificate issued under the provisions of this
342-15 code or under any previous statute relating to the certification of
342-16 teachers may be suspended or cancelled by the state commissioner of
342-17 education under any one or more of the following circumstances:>
342-18 <(1) on satisfactory evidence that the holder is
342-19 conducting his school or his teaching activities in violation of
342-20 the laws of this state;>
342-21 <(2) on satisfactory evidence that the holder is a
342-22 person unworthy to instruct the youth of this state; or>
342-23 <(3) on complaint made by the board of trustees that
342-24 the holder of a certificate after entering into a written contract
342-25 with the board of trustees of the district has without good cause
342-26 and without the consent of the trustees abandoned the contract.>
342-27 <(b) Before any certificate shall be suspended or cancelled
343-1 the holder shall be notified and shall have an opportunity to be
343-2 heard. Any person whose certificate is suspended or cancelled by
343-3 the state commissioner of education may appeal to a district court
343-4 in Travis County.>
343-5 <(c) The state commissioner of education has the authority,
343-6 upon the presentation of satisfactory evidence, to reinstate any
343-7 teacher's certificate suspended or cancelled under the provisions
343-8 of this section. On a refusal of the commissioner to reinstate a
343-9 certificate, the applicant may appeal to a district court in Travis
343-10 County.>
343-11 <(d) The state commissioner of education may suspend a
343-12 teacher's certificate under the terms of this section for a period
343-13 not to exceed one year.>
343-14 <(e) The state commissioner of education shall have the
343-15 right to reprimand a teacher, rather than to suspend or cancel that
343-16 teacher's certificate, in those cases the commissioner deems
343-17 appropriate. A reprimand shall not be appealable.>
343-18 <Sec. 13.047. ><Examination for Teachers and Administrators
343-19 not Taking Certification Examinations><. (a) The board shall
343-20 require satisfactory performance on an examination prescribed by
343-21 the board as a condition to continued certification for each
343-22 teacher and administrator who has not taken a certification
343-23 examination under Section 13.032(e) of this code.>
343-24 <(b) The board shall prescribe an examination designed to
343-25 test the ability of the examinee to read and write with sufficient
343-26 skill and understanding to perform satisfactorily as a professional
343-27 teacher or administrator.>
344-1 <(f) The board may limit the number of times a teacher or
344-2 administrator who fails to perform satisfactorily on an examination
344-3 may retake it, but each teacher must be given more than one
344-4 opportunity to perform satisfactorily. The board shall determine
344-5 the level of performance that is satisfactory.>
344-6 <(g) The board may exempt from the examination required by
344-7 this section any person who, before the examination adopted under
344-8 this section is prescribed, performed satisfactorily on an
344-9 examination administered by an employing district if the board
344-10 finds the examination to be substantially the same or at least as
344-11 difficult as the examination prescribed by the board.>
344-12 <Sec. 13.048. ><Operation of an Accredited School><. (a) Each
344-13 institution offering a teacher education program may contract with
344-14 an accredited school to employ program instructors and students in
344-15 the regular operation of the accredited school. If practicable,
344-16 the program shall completely operate the school, but the school
344-17 remains under the general governance of its board of trustees.>
344-18 <(b) The State Board of Education shall adopt any rules
344-19 necessary for implementing and carrying out this section.>
344-20 <Sec. 13.049. ><Modern Teaching Practices><. (a) Standards
344-21 adopted under Section 13.032 or 13.035 of this code for teacher
344-22 training shall include training in the use of technology and
344-23 effective teaching practices in the classroom.>
344-24 <(b) Regional education service centers, teacher centers,
344-25 institutions of higher education with approved teacher education
344-26 programs, and other appropriate educational entities shall offer
344-27 in-service training for public school teachers and other
345-1 educational personnel in the use of technology and effective
345-2 teaching practices in the classroom and in making district-level
345-3 decisions.>
345-4 <Sec. 13.049. ><Certification of Teachers From Other States><.
345-5 (a) The State Board of Education shall issue a teaching
345-6 certificate of an appropriate class to a person who:>
345-7 <(1) holds a degree from an institution that is
345-8 accredited by a regional accrediting agency or group that is
345-9 recognized by the Council on Post-Secondary Accreditation; and>
345-10 <(2) has been issued a certificate by another state
345-11 that recognizes or issues certificates on a reciprocal basis with
345-12 Texas and the other state's certificate is valid or is invalid
345-13 solely because it has expired; and>
345-14 <(3) performs satisfactorily on the examination
345-15 prescribed by the board under Section 13.032(e) of this code as a
345-16 condition to certification.>
345-17 <(b) The State Board of Education shall provide persons
345-18 applying for certification under this section with reasonable
345-19 opportunity to take the examination required for certification, and
345-20 may fix and require payment of a fee as a condition to taking the
345-21 examination. The fee must be reasonable and designed to cover the
345-22 administrative costs of administering the examination.>
345-23 <(c) The State Board of Education shall adopt rules that
345-24 provide an equal opportunity for certification for persons who are
345-25 entitled to certification under this section. The rules may not
345-26 provide for a special or restricted certification of persons
345-27 certified under this section.>
346-1 <(d) A teacher teaching under an emergency permit who does
346-2 not perform satisfactorily on an examination or portion of an
346-3 examination prescribed by the State Board of Education under
346-4 Section 13.032(e) of this code designed to test knowledge of
346-5 pedagogical methods, history of education, or child psychology the
346-6 first time the teacher takes the examination may continue to teach
346-7 under an emergency permit for a period not to exceed one year from
346-8 the date the teacher first took the examination.>
346-9 <Sec. 13.050. ><Centers for Professional Development and
346-10 Technology><. (a) The State Board of Education and the Texas Higher
346-11 Education Coordinating Board may develop the process for the
346-12 establishment of centers for professional development through the
346-13 colleges of education for the purpose of integrating technology and
346-14 innovative teaching practices in the preservice and staff
346-15 development training of teachers and administrators. An
346-16 institution of higher education with an approved teacher education
346-17 program may develop a center through a collaborative process
346-18 involving public schools, regional education service centers, and
346-19 other entities or businesses. A center may contract with other
346-20 entities to develop materials and provide training.>
346-21 <(b) On application by a center the State Board of Education
346-22 shall make grants to the center for its programs from funds derived
346-23 from gifts, grants, and legislative appropriations for that
346-24 purpose. The board shall award the grants on a competitive basis
346-25 according to requirements established by the board's rules, which
346-26 shall be developed in consultation with the Texas Higher Education
346-27 Coordinating Board.>
347-1 <(c) A center may provide preservice and professional staff
347-2 development training for teachers and administrators that:>
347-3 <(1) assists in the development of strategies for the
347-4 achievement of academic excellence and for relating campus
347-5 performance objectives to student outcomes;>
347-6 <(2) promotes effective teaching practices that
347-7 incorporate technology and provide an expanded vision and
347-8 understanding of technological applications and skills; or>
347-9 <(3) is coordinated with the textbook adoption cycle
347-10 and the restructuring of the curriculum.>
347-11 <(d) A center may develop and implement a comprehensive
347-12 field-based teacher education program to supplement the student
347-13 teaching hours required in Section 13.036(b) of this chapter. This
347-14 comprehensive field-based teacher program must:>
347-15 <(1) be designed on the basis of current research into
347-16 state-of-the-art teaching practices, curriculum theory and
347-17 application, evaluation of student outcomes, and the effective
347-18 application of technology; and>
347-19 <(2) have rigorous internal and external evaluation
347-20 procedures that focus on content, delivery systems, and teacher and
347-21 student outcomes.>
347-22 <(e) For exemplary programs, the commissioner of education,
347-23 in consultation with the commissioner of higher education, may
347-24 waive the provision of Section 13.036(b) of this code concerning
347-25 student teaching hours or concerning illness, tragedy, or military
347-26 service.>
347-27 <(f) A center, in conjunction with a school district, may
348-1 establish a laboratory school that offers:>
348-2 <(1) one or more "classrooms of the future" that serve
348-3 as state-of-the-art demonstration sites for the use of technology
348-4 and effective teaching practices; or>
348-5 <(2) one or more professional development laboratories
348-6 that demonstrate state-of-the-art effective teaching practices
348-7 utilizing technology.>
348-8 <(g) A center may provide summer institutes that utilize
348-9 college or university faculty or other qualified professionals to
348-10 provide specialized training in:>
348-11 <(1) the effective application of technology skills;>
348-12 <(2) innovative and visionary strategies for effective
348-13 teaching;>
348-14 <(3) district-level and campus-level collaborative
348-15 decision making that focuses on student achievement;>
348-16 <(4) site-based management for teachers,
348-17 administrators, and school board trustees that focuses on student
348-18 achievement; or>
348-19 <(5) technical writing and the development of
348-20 innovative grant proposals.>
348-21 <(h) A center may target one or more of its programs at the
348-22 recruitment, training, or retraining of qualified minorities and
348-23 other persons as teachers in subject areas for which there is a
348-24 shortage of teachers.>
348-25 <(i) The commissioner of education shall coordinate the
348-26 activities of the centers with the activities of the center for
348-27 educational technology authorized in Section 14.044 of this code.>
349-1 <Sec. 13.051. ><Written Examinations for Hearing-Impaired
349-2 Professionals in the Field of Education><. (a) The State Board of
349-3 Education may not administer a written examination to determine the
349-4 competence or level of performance of an education professional who
349-5 is hearing impaired unless the examination has been field tested to
349-6 determine its appropriateness, reliability, and validity as applied
349-7 to, and minimum acceptable performance scores for, persons who are
349-8 hearing impaired.>
349-9 <(b) The examinations to which this section applies include
349-10 examinations authorized in Sections 13.032(e) and 13.316 of this
349-11 code.>
349-12 <(c) A hearing impaired education professional is exempt
349-13 from taking a written examination for a period ending on the first
349-14 anniversary of the date on which the board determines, on the basis
349-15 of appropriate field tests, that the examination complies with the
349-16 standards specified in Subsection (a) of this section. On
349-17 application to the board, the board shall issue a temporary
349-18 exemption certificate to a person entitled to an exemption under
349-19 this subsection.>
349-20 <(d) In this section:>
349-21 <(1) "Hearing impaired" means a hearing impairment so
349-22 severe that the person cannot process linguistic information with
349-23 or without amplification.>
349-24 <(2) "Reliability" means the extent to which an
349-25 experiment, test, or measuring procedure yields the same results on
349-26 repeated trials.>
349-27 <(3) "Validity" means being:>
350-1 <(A) well-grounded or justifiable;>
350-2 <(B) relevant and meaningful;>
350-3 <(C) correctly derived from premises or
350-4 inferences; and>
350-5 <(D) supported by objective truth or generally
350-6 accepted authority.>
350-7 <Sec. 13.052. ><Educational Aide Experience><. Each institution
350-8 offering a teacher education program may allow a person enrolled in
350-9 the program who is employed as an instructional aide and who has at
350-10 least five years of experience as an educational aide to substitute
350-11 one semester of supervision by the institution of the person's
350-12 performance in the person's position as a first-year teacher for
350-13 the program's student teaching requirement.>
350-14 (Sections 21.051-21.150 reserved for expansion
350-15 SUBCHAPTER F. PROBATIONARY CONTRACTS
350-16 Sec. 21.151. In this subchapter, "teacher" means a
350-17 principal, supervisor, classroom teacher, counselor, or other
350-18 full-time professional employee who is required to hold a
350-19 certificate issued under Subchapter B, except the term does not
350-20 include a superintendent or paraprofessional employee.
350-21 Sec. 21.152 <13.102>. PROBATIONARY CONTRACT. (a) A <Any>
350-22 person who is employed as a teacher by a <any> school district for
350-23 the first time, or who has not been employed by the <such> district
350-24 for three consecutive school years subsequent to August 28, 1967,
350-25 shall be employed under a "probationary contract.<,>"
350-26 (b) A probationary contract may not <which shall be for a
350-27 fixed term as therein stated; provided, that no such contract
351-1 shall> be for a term exceeding two <three> school years beginning
351-2 on September 1 following <next ensuing from> the making of the
351-3 <such> contract.
351-4 (c) An employment contract may not extend <; and provided
351-5 further that no such contract shall be made which extends> the
351-6 probationary contract period beyond the end of the second <third>
351-7 consecutive school year of the <such> teacher's employment by the
351-8 school district <,> unless, during the second year of a teacher's
351-9 probationary contract, the superintendent <board of trustees>
351-10 determines <and recites> that it is doubtful <in doubt> whether
351-11 the <particular> teacher should be given a continuing contract or a
351-12 term contract. If the superintendent makes that determination, the
351-13 district may make<, in which event> a probationary contract <may be
351-14 made> with the <such> teacher for a term ending with the third
351-15 <fourth> consecutive school year of the <such> teacher's employment
351-16 with the <school> district, at which time the district shall:
351-17 (1) terminate the employment of the <such> teacher; or
351-18 (2) employ the <by such school district shall be
351-19 terminated, or such> teacher <shall be employed> under a continuing
351-20 contract or a term contract as <hereinafter> provided by Subchapter
351-21 G or H, according to district policy.
351-22 Sec. 21.153 <13.103>. PROBATIONARY CONTRACT: TERMINATION
351-23 AND HEARING. (a) The superintendent <board of trustees> of a
351-24 <any> school district may terminate the employment of a <any>
351-25 teacher holding a probationary contract at the end of the contract
351-26 period, if in the superintendent's <their> judgment the best
351-27 interests of the school district will be served by terminating the
352-1 employment. To terminate a probationary contract, the
352-2 superintendent must give <thereby; provided, that> notice of
352-3 intention to terminate the employment <shall be given by the board
352-4 of trustees> to the teacher not later than the 60th day before the
352-5 last day of instruction required in the contract. If the
352-6 superintendent fails <In event of failure> to give <such> notice of
352-7 intention to terminate within the time <above> specified by this
352-8 subsection, the district <board of trustees> shall <thereby elect
352-9 to> employ the <such> probationary teacher in the same capacity,
352-10 <and> under probationary contract status for the succeeding school
352-11 year, if the teacher has been employed by such district for less
352-12 than two <three> successive school years, or in a continuing
352-13 contract or term contract position, according to district policy,
352-14 if the <such> teacher has been employed during two <three>
352-15 consecutive school years.
352-16 (b) <Sec. 13.104. HEARING.> A <In event a> teacher holding
352-17 a probationary contract who is notified of the superintendent's
352-18 intention <of the board of trustees> to terminate the teacher's
352-19 <his> employment at the end of the teacher's <his> current contract
352-20 period is entitled, on<, he shall have a right upon> written
352-21 request, to a hearing before the board of trustees or a
352-22 subcommittee of the board, according to board policy. At the<, and
352-23 at such> hearing, the teacher shall be given the reasons for
352-24 termination of the teacher's <his> employment. After the <such>
352-25 hearing, the board of trustees or board subcommittee may confirm or
352-26 revoke the <its previous action of> termination. The<; but in any
352-27 event, the> decision of the board of trustees or board subcommittee
353-1 is <shall be> final and non-appealable.
353-2 Sec. 21.154. DISCHARGE DURING YEAR OR SUSPENSION WITHOUT PAY
353-3 UNDER PROBATIONARY CONTRACT. A teacher employed under a
353-4 probationary contract may be discharged during the school year or
353-5 suspended without pay for a reason listed in Section 21.206.
353-6 Sec. 21.155. NOTICE UNDER PROBATIONARY CONTRACT. (a)
353-7 Before a teacher employed under a probationary contract may be
353-8 discharged during the school year, suspended without pay, or
353-9 dismissed at the end of the school year before the end of the term
353-10 set in the teacher's contract, the superintendent shall notify the
353-11 teacher in writing of the proposed action and the grounds for the
353-12 action.
353-13 (b) If the superintendent proposes to dismiss the teacher at
353-14 the end of the year, the superintendent shall notify the teacher
353-15 not later than the 60th day before the last day of instruction
353-16 required by the teacher's contract.
353-17 (c) A teacher who is discharged or dismissed for actions
353-18 related to the inability or failure of the teacher to perform
353-19 assigned duties is entitled, as a matter of right, to a copy of
353-20 each evaluation report, or any other written memorandum that
353-21 concerns the fitness or conduct of the teacher, by requesting in
353-22 writing a copy of the document.
353-23 (d) The teacher is entitled to a hearing as provided by
353-24 Subchapter J or K, as appropriate. If the teacher does not request
353-25 a hearing within the time prescribed by Section 21.303, the
353-26 superintendent shall:
353-27 (1) take the appropriate action; and
354-1 (2) notify the teacher in writing of the action not
354-2 later than the 30th day after the date the superintendent sends the
354-3 notice of the proposed action.
354-4 Sec. 21.156. SUSPENSION WITHOUT PAY PENDING DISCHARGE. If
354-5 the superintendent proposes to discharge the teacher for a reason
354-6 listed in Section 21.206, the superintendent may, without a
354-7 hearing, suspend the teacher without pay. If a teacher is
354-8 suspended under this section, the hearing on the proposed discharge
354-9 may not be delayed for more than 15 days after the date the teacher
354-10 requests a hearing, unless the teacher consents in writing to the
354-11 delay.
354-12 Sec. 21.157. RESIGNATIONS UNDER PROBATIONARY CONTRACTS. (a)
354-13 A teacher employed under a probationary contract with an unexpired
354-14 term continuing through the following school year may relinquish
354-15 the position and leave the employment of the district at the end of
354-16 a school year without penalty by filing with the superintendent a
354-17 written resignation before August 1 of the school year in which the
354-18 resignation is to take effect. A written resignation mailed by
354-19 prepaid certified or registered mail to the superintendent at the
354-20 post office address of the district is considered filed at time of
354-21 mailing.
354-22 (b) A teacher employed under an unfulfilled probationary
354-23 contract may resign, with the consent of the superintendent of the
354-24 employing school district, at any other time.
354-25 (c) A teacher employed under an unfulfilled probationary
354-26 contract that obligates the employing district to employ the person
354-27 for the following school year who fails to resign within the time
355-1 and in the manner allowed under Subsection (a) or (b), and who
355-2 fails to perform the contract, is ineligible for employment by
355-3 another school district in this state during the following school
355-4 year covered by the contract. The State Board of Education shall
355-5 suspend the teacher's teaching certificate for that school year
355-6 only.
355-7 <Sec. 13.105. PROBATIONARY CONTRACT: EXCEPTION. The
355-8 requirement to serve a probationary period shall not apply to any
355-9 teacher who previously completed a probationary period under a
355-10 contract with the school district where employed before September
355-11 1, 1967, and who was then considered to be on a permanent contract
355-12 status as defined by the school district.>
355-13 (Sections 21.158-21.200 reserved for expansion
355-14 SUBCHAPTER G <C>. CONTINUING <TEACHER'S EMPLOYMENT>
355-15 CONTRACTS
355-16 Sec. 21.201. DEFINITION. In this subchapter, "teacher" has
355-17 the meaning assigned by Section 21.151.
355-18 Sec. 21.202. <13.101. PROBATIONARY OR> CONTINUING CONTRACT.
355-19 Each teacher <hereafter> employed by a <any> school district that
355-20 chooses to employ teachers under this subchapter <in this state
355-21 shall be employed under, and> shall, after completing a
355-22 probationary period under Subchapter F, receive <from such
355-23 district,> a continuing contract. A continuing contract must <that
355-24 is either a "probationary contract" or a "continuing contract" in
355-25 accordance with the provisions of this subchapter if the school
355-26 board chooses to offer such teacher a "probationary contract" or a
355-27 "continuing contract." All such contracts shall> be in writing, in
356-1 a <such> form <as may be promulgated by or> approved by the
356-2 commissioner <of education>, and must include <shall embody> the
356-3 terms <and conditions> of employment prescribed by this subchapter
356-4 <hereinafter set forth,> and any <such> other appropriate
356-5 provisions not inconsistent with this subchapter <as may be
356-6 appropriate>.
356-7 Sec. 21.203 <13.106>. CONVERSION OF PROBATIONARY CONTRACT TO
356-8 CONTINUING CONTRACT. A <Any> teacher employed by a school district
356-9 who is performing the teacher's second <his third>, or if <where>
356-10 permitted <fourth>, third consecutive year of service with the
356-11 district under a probationary contract, and who is employed
356-12 <elected to employment> by the superintendent <board of trustees>
356-13 of the <such> district for the succeeding year, shall be notified
356-14 in writing of the teacher's <his> election to continuing contract
356-15 status with the <such> district. The<, and such> teacher must, not
356-16 later than the 30th day <shall within 30 days> after the date of
356-17 <such> notification, file with the superintendent <board of
356-18 trustees> of the employing school district notification in writing
356-19 of the teacher's <his> acceptance of the continuing contract,
356-20 beginning with the school year following the conclusion of the
356-21 teacher's <his> period of probationary contract employment.
356-22 Failure of the teacher to accept the contract within that <such
356-23 30-day> period is <shall be> considered a refusal on the part of
356-24 the teacher to accept the contract.
356-25 Sec. 21.204 <13.107>. STATUS UNDER CONTINUING CONTRACT.
356-26 Each teacher employed under <with whom> a continuing contract is
356-27 <has been made as herein provided shall be> entitled to continue in
357-1 the teacher's <his> position or a position with the school
357-2 district, at a salary authorized by the board of trustees of the
357-3 <said> district complying with the minimum salary provisions of
357-4 Subchapter L <the foundation aid law>, for future school years
357-5 without the necessity for annual nomination or reappointment, until
357-6 <such time as> the person:
357-7 (1) resigns;
357-8 (2) <, or> retires under the teacher retirement
357-9 system;
357-10 (3) <(2)> is released from employment by the school
357-11 district at the end of a school year because of necessary reduction
357-12 of personnel as provided by Section 21.207(4) <herein defined>;
357-13 (4) <(3)> is discharged for lawful cause, as defined
357-14 by <in> Section 21.206 <13.109 of this code> and in accordance with
357-15 the procedures <hereinafter> provided by this chapter;
357-16 (5) <(4)> is dismissed at the end of a school year for
357-17 any reason <as> set out in Section 21.207 <13.110 of this code> and
357-18 pursuant to the procedures <hereinafter> provided by this chapter
357-19 <in such cases>; or
357-20 (6) <(5)> is returned to probationary status, as
357-21 authorized by <in> Section 21.207 <13.110 of this code>.
357-22 Sec. 21.205 <13.108>. ADMINISTRATIVE PERSONNEL UNDER
357-23 CONTINUING CONTRACT. The superintendent <board of trustees> may
357-24 grant to a person who has served as <superintendent,> principal<,
357-25 supervisor,> or in another <other person employed in any>
357-26 administrative position for which certification is required, at the
357-27 completion of the person's <his> service in that <such> capacity, a
358-1 continuing contract to serve as a teacher if the person qualifies
358-2 for that position under criteria adopted by the board of trustees.
358-3 The<, and the> period of service in an administrative <such other>
358-4 capacity is <shall be> construed as contract service as a teacher
358-5 within the meaning of this subchapter.
358-6 Sec. 21.206 <13.109>. DISCHARGE DURING YEAR OR<;> SUSPENSION
358-7 WITHOUT PAY UNDER CONTINUING CONTRACT. (a) Any teacher<, whether>
358-8 employed under <a probationary contract or> a continuing
358-9 contract<,> may be discharged during the school year for any <one
358-10 or more> of the following reasons<, which shall constitute lawful
358-11 cause for discharge>:
358-12 (1) immorality;
358-13 (2) conviction of any felony or other crime involving
358-14 moral turpitude;
358-15 (3) drunkenness, excessive use of alcoholic beverages,
358-16 use of illegal drugs, or habitual use of addictive drugs or
358-17 hallucinogens;
358-18 (4) repeated failure to comply with official
358-19 directives and established <school board> policy of the board of
358-20 trustees;
358-21 (5) physical or mental incapacity preventing
358-22 performance of the contract of employment; <and>
358-23 (6) repeated and continuing neglect of duties; or
358-24 (7) suspension or revocation of the teacher's teaching
358-25 certificate.
358-26 (b) A school district may suspend a teacher without pay for
358-27 a reason specified by <in> Subsection (a) <of this section> for a
359-1 period not to extend beyond the end of the current school year<:>
359-2 <(1) pending discharge of the teacher; or>
359-3 <(2) in lieu of discharging the teacher>.
359-4 Sec. 21.207 <13.110>. RELEASE AT END OF YEAR UNDER
359-5 CONTINUING CONTRACT. A <Any> teacher employed under a continuing
359-6 contract may be released at the end of a <any> school year and the
359-7 teacher's <his> employment with the school district terminated at
359-8 that time, or <he> may be returned to probationary contract
359-9 employment for not more than <exceeding> the three succeeding
359-10 school years, on <upon> notice and, if requested, a hearing <(if
359-11 requested)> as <hereinafter> provided by this chapter, for any
359-12 reason provided by <enumerated in> Section 21.206 <13.109 of this
359-13 code> or for any of the following additional reasons:
359-14 (1) incompetency in performance of duties;
359-15 (2) failure to comply with <such> reasonable
359-16 requirements <as> the board of trustees of the employing school
359-17 district prescribes <may prescribe> for achieving professional
359-18 improvement and growth;
359-19 (3) willful failure to pay debts;
359-20 (4) <habitual use of addictive drugs or hallucinogens;>
359-21 <(5) excessive use of alcoholic beverages;>
359-22 <(6)> necessary reduction of personnel by the school
359-23 district, with those <(such> reductions <shall be> made in the
359-24 reverse order of seniority in the specific teaching fields<)>;
359-25 (5) <(7) for good cause> as determined by the <local
359-26 school> board of trustees, <good cause being the> failure <of a
359-27 teacher> to meet the accepted standards of conduct for the
360-1 profession as generally recognized and applied in similarly
360-2 situated school districts in this state <throughout Texas>; or
360-3 (6) two consecutive appraisals in which a teacher's
360-4 performance is rated as less than satisfactory
360-5 <(8) failure by a person required to take an
360-6 examination under Section 13.047 of this code to perform
360-7 satisfactorily on at least one examination under that section on or
360-8 before June 30, 1986>.
360-9 Sec. 21.208 <13.111>. NOTICE UNDER CONTINUING CONTRACT.
360-10 (a) Before a <any> teacher employed under a continuing contract
360-11 may <shall> be discharged during the year or suspended without pay
360-12 or <for any of the causes mentioned in Section 13.109 of this code,
360-13 or before any probationary contract teacher shall be dismissed at
360-14 the end of a school year before the end of the term fixed in his
360-15 contract, or before any teacher holding a continuing contract shall
360-16 be> dismissed or returned to probationary contract status at the
360-17 end of a school year <for any of the reasons mentioned in Section
360-18 13.110 of this code>, the superintendent shall notify the teacher
360-19 <he shall be notified> in writing <by the board of trustees or
360-20 under its direction> of the proposed action and <of> the grounds
360-21 for the action <assigned therefor>. If the superintendent proposes
360-22 to dismiss the teacher at the end of the year or return the teacher
360-23 to probationary status, the superintendent shall notify the teacher
360-24 not later than the 60th day before the last day of instruction
360-25 required by the teacher's contract.
360-26 (b) A <In the event the grounds for the proposed action
360-27 relate to the inability or failure of the teacher to perform his
361-1 assigned duties, the action shall be based upon the written
361-2 recommendation by the superintendent of schools, filed with the
361-3 board of trustees. Any> teacher who is <so> discharged, <or>
361-4 dismissed, or returned to probationary contract status for actions
361-5 related to the inability or failure of the teacher to perform
361-6 assigned duties is <shall be> entitled, as a matter of right, to a
361-7 copy of each <and every> evaluation report, or any other written
361-8 memorandum that concerns <in writing which has been made touching
361-9 or concerning> the fitness or conduct of the <such> teacher, by
361-10 requesting in writing a copy of the document <same>.
361-11 (c) If the teacher does not request a hearing within the
361-12 time prescribed by Section 21.303, the superintendent shall:
361-13 (1) take the appropriate action; and
361-14 (2) notify the teacher in writing of the action not
361-15 later than the 30th day after the date the superintendent sends the
361-16 notice of the proposed action.
361-17 <Sec. 13.112. HEARING. (a) If, upon written notification
361-18 of the proposed action, the teacher desires to contest the same, he
361-19 shall notify the board of trustees in writing within 10 days after
361-20 the date of receipt by him of the official notice above prescribed,
361-21 of his desire to be heard, and he shall be given a public hearing
361-22 if he wishes or if the board of trustees determines that a public
361-23 hearing is necessary in the public interest.>
361-24 <(b) Upon any charges based upon grounds of inability or
361-25 failure of the teacher to perform his assigned duties, the board of
361-26 trustees may in its discretion establish a committee of classroom
361-27 teachers and administrators, and the teacher may request a hearing
362-1 before this committee prior to hearing of the matter by the board
362-2 of trustees.>
362-3 <(c) Within 10 days after request for hearing made by the
362-4 teacher, the board of trustees shall fix a time and place of
362-5 hearing, which shall be held before the proposed action shall be
362-6 effective. Such hearing shall be public unless the teacher
362-7 requests in writing that it be private.>
362-8 <(d) At such hearing, the teacher may employ counsel, if
362-9 desired, and shall have the right to hear the evidence upon which
362-10 the charges are based, to cross-examine all adverse witnesses, and
362-11 to present evidence in opposition thereto, or in extenuation.>
362-12 <(e) The board shall take such action as it deems lawful and
362-13 appropriate and shall notify the teacher in writing of that action
362-14 within 15 days following the conclusion of the hearing.>
362-15 Sec. 21.209 <13.113>. SUSPENSION WITHOUT PAY PENDING
362-16 DISCHARGE. If the superintendent proposes to <proposed action be>
362-17 discharge <of> the teacher for a reason listed <any of the reasons
362-18 set forth> in Section 21.206 <13.109 of this code>, the
362-19 superintendent may, without a hearing, suspend the teacher <may be
362-20 suspended> without pay. If a teacher is suspended under this
362-21 section, the hearing on the proposed discharge may <by order of the
362-22 board of trustees, or by the superintendent of schools if such
362-23 power has been delegated to him by express regulation previously
362-24 adopted by the board of trustees, but in such event the hearing
362-25 shall> not be delayed for more than 15 days after the date the
362-26 teacher requests a <request for> hearing, unless by written consent
362-27 of the teacher.
363-1 <Sec. 13.114. DECISION OF BOARD. If the teacher upon
363-2 notification of any such proposed action fails to request a hearing
363-3 within 10 days thereafter, or after a hearing as hereinabove
363-4 provided, the board of trustees shall take such action and shall
363-5 enter such order as it deems lawful and appropriate. If the
363-6 teacher is reinstated, he shall immediately be paid any
363-7 compensation withheld during any period of suspension without pay.
363-8 No order adverse to the teacher shall be entered except upon
363-9 majority vote of the full membership of the board of trustees.>
363-10 <Sec. 13.115. APPEALS. (a) If the board of trustees
363-11 discharges a teacher during the school year under Section 13.109(a)
363-12 of this code or suspends a teacher without pay in lieu of discharge
363-13 under Section 13.109(b)(2) of this code, the teacher shall have the
363-14 right to appeal such action to the commissioner of education, for
363-15 review by him, provided notice of such appeal is filed with the
363-16 board of trustees and a copy thereof mailed to the commissioner
363-17 within 15 days after written notice of the action taken by the
363-18 board of trustees shall be given to the teacher; or, the teacher
363-19 may challenge the legality of such action by suit brought in the
363-20 district court of any county in which such school district lies
363-21 within 30 days after such notice of the action taken by the board
363-22 of trustees has been given to the teacher.>
363-23 <(b) If the board of trustees shall order the continuing
363-24 contract status of any teacher holding such a contract abrogated at
363-25 the end of any school year and such teacher returned to
363-26 probationary contract status, or if the board of trustees shall
363-27 order that any teacher holding a continuing contract be dismissed
364-1 at the end of the school year, or that any teacher holding a
364-2 probationary contract shall be dismissed at the end of a school
364-3 year before the end of the employment period covered by such
364-4 probationary contract, the teacher affected by such order, after
364-5 filing notice of appeal with the board of trustees, may appeal to
364-6 the commissioner of education by mailing a copy of the notice of
364-7 appeal to the commissioner within 15 days after written notice of
364-8 the action taken by the board of trustees has been given to the
364-9 teacher.>
364-10 <(c) Either party to an appeal to the commissioner shall
364-11 have the right to appeal from his decision to a District Court in
364-12 Travis County.>
364-13 Sec. 21.210 <13.116>. Resignations Under Continuing
364-14 Contracts. (a) A <Any> teacher employed under <holding> a
364-15 continuing contract with a <any> school district<, or holding a
364-16 probationary contract with an unexpired term continuing through the
364-17 ensuing school year,> may relinquish the position and leave the
364-18 employment of the district at the end of a <any> school year
364-19 without penalty by filing with the superintendent a written
364-20 resignation. The resignation must be filed before <addressed to
364-21 and filed with the board of trustees prior to> August 1<, preceding
364-22 the end> of the school year in which <that> the resignation is to
364-23 take effect <be effective>. A written resignation mailed by
364-24 prepaid certified or registered mail to the superintendent <of
364-25 schools of the district> at the post office address of the district
364-26 is <shall be> considered filed at time of mailing.
364-27 (b) A <Any> teacher employed under <holding> a continuing
365-1 contract <or such unfulfilled probationary contract> may resign,
365-2 with the consent of the superintendent <board of trustees of the
365-3 employing school district>, at any other time <mutually agreeable>.
365-4 (c) A teacher employed under <holding a probationary
365-5 contract or> a continuing contract that obligates <obligating> the
365-6 employing district to employ the <such> person for the following
365-7 <ensuing> school year<,> who fails to resign within the time and in
365-8 the manner allowed under Subsection <Subsections> (a) or <and> (b)
365-9 <of this section>, and who fails to perform the <such> contract, is
365-10 <shall be> ineligible for employment by another <any other Texas>
365-11 school district in this state during the following <ensuing> school
365-12 year covered by the <such> contract. The State Board for Educator
365-13 Certification shall suspend the teacher's<, and his> teaching
365-14 certificate <shall be suspended> for that school year only.
365-15 <Sec. 13.117. SUPPLEMENTAL CONTRACTS FOR MATH AND SCIENCE
365-16 TEACHERS. (a) The legislature finds that the health of the
365-17 economy of the state and the United States is increasingly
365-18 dependent on public education to produce students possessing
365-19 general and specific skills in mathematics and science. Public
365-20 schools, in recent years, have encountered circumstances that have
365-21 resulted in a decline in the number of students being prepared in
365-22 math and science as well as the quality of preparation of those who
365-23 are preparing for careers in math and science.>
365-24 <(b) It is the purpose of this subchapter to encourage local
365-25 school districts to provide more and better quality science and
365-26 mathematics instruction through the use of supplemental contracts
365-27 for science and mathematics teachers to expand the opportunity for
366-1 students to have more time on task by instituting summer programs
366-2 and after-school studies and developing a system of competition for
366-3 science and math students. Such expanded opportunities shall be
366-4 for remedial, regular, and talented and gifted instruction.
366-5 Therefore, local school districts are authorized and encouraged to
366-6 establish such programs to increase both the numbers of students
366-7 dedicated to the study of math and science and the quality and
366-8 quantity of instructional time in both areas.>
366-9 <(c) The commissioner of education is authorized and
366-10 directed to select school districts of various types to conduct
366-11 pilot program studies to determine the most effective models for
366-12 implementation of this program. Such pilot program studies shall
366-13 be conducted during the 1984-85 biennium.>
366-14 <(d) The commissioner of education, upon completion of
366-15 successful pilot program studies shall publish and disseminate to
366-16 all school districts model programs to achieve the goals of this
366-17 subchapter.>
366-18 <(e) The commissioner of education shall report the results
366-19 of the pilot studies to the 69th Legislature and may make
366-20 recommendations for the inclusion of such programs in the
366-21 Foundation School Program.>
366-22 <(f) Local school districts may volunteer for the pilot
366-23 studies and, if selected by the commissioner to participate, are
366-24 authorized and encouraged to provide an amount of up to $5,000 as
366-25 supplemental pay for each math and science teacher selected to
366-26 participate in the pilot programs. Such funds shall be included in
366-27 the participating teacher's regular payroll.>
367-1 <(g) The commissioner of education, if funds are available
367-2 either through the Foundation School Program or through various
367-3 regional service center grants or funds, may forward funds to the
367-4 local participating districts in the pilot programs to assist in
367-5 local funding of these programs. In addition, local school
367-6 districts are encouraged to seek private funding, including
367-7 foundation support to pursue the goals of this subchapter.>
367-8 <SUBCHAPTER D. TEACHERS' PROFESSIONAL PRACTICES>
367-9 <Sec. 13.201. RESPONSIBILITIES OF THE TEACHING PROFESSION.
367-10 Teaching is hereby declared to be and is recognized as a
367-11 profession. The members of such profession shall accept
367-12 responsibilities in development and promotion of high standards of
367-13 ethics, conduct, and professional performance and practices of
367-14 persons engaged in the practice of such profession in this state.>
367-15 <Sec. 13.202. DEFINITIONS. In this subchapter:>
367-16 <(1) "Teacher" means a superintendent, principal,
367-17 supervisor, classroom teacher, counselor, or other professional
367-18 employee who is required to hold a valid certificate or teaching
367-19 permit.>
367-20 <(3) "Code of ethics and standard practices" means the
367-21 rules, regulations and standards of conduct which have been adopted
367-22 and promulgated by the commission pursuant to Section 13.210 of
367-23 this code.>
367-24 <Sec. 13.204. QUALIFICATIONS OF MEMBERS. To be eligible for
367-25 membership on the commission, a person must be actively engaged in
367-26 teaching, fully certified for the position he holds, and must have
367-27 at least five years' teaching experience in Texas, including the
368-1 two years immediately preceding nomination and appointment.>
368-2 <Sec. 13.205. APPOINTMENT. The members of the commission
368-3 shall be appointed by the governor, subject to confirmation by the
368-4 senate. The governor shall request appropriate statewide
368-5 professional organizations of teachers and/or school administrators
368-6 to submit a list of three qualified nominees for vacancies within
368-7 their respective professional groups on the commission; such
368-8 nominations shall be advisory.>
368-9 <Sec. 13.206. TERMS OF OFFICE. One-third of the members of
368-10 the commission first appointed shall be selected to serve for a
368-11 term of one year; one-third to serve for a term of two years; and
368-12 the remaining one-third for a term of three years; and members
368-13 appointed for succeeding terms shall serve for terms of three
368-14 years. No person shall serve for more than two consecutive terms
368-15 as a member of the commission.>
368-16 <Sec. 13.207. EXPENSES. Members of the commission shall
368-17 serve without pay, but shall be reimbursed for their actual and
368-18 reasonable traveling expenses in attendance on commission meetings,
368-19 and in attending meetings of committees of such commission.>
368-20 <Sec. 13.208. OFFICERS; MEETINGS; RULES. The commission
368-21 shall annually select a chairman, vice chairman, and secretary.
368-22 The commission shall meet not less than three times each year in
368-23 Austin at a place, time, and hour determined by the commission (at
368-24 least 10 days' notice in writing by chairman shall constitute
368-25 proper notice). A majority shall constitute a quorum, and a
368-26 majority of such quorum shall have authority to act upon any matter
368-27 properly before the commission. The commission shall adopt its own
369-1 rules of order and procedure not inconsistent with this subchapter
369-2 and shall hold meetings pursuant to the provisions of this
369-3 subchapter.>
369-4 <Sec. 13.209. PRIVILEGED STATUS OF MEMBERS. Members of the
369-5 commission shall be privileged in their utterances while acting in
369-6 good faith in the course of their duties.>
369-7 <Sec. 13.210. ADOPTION OF CODE OF ETHICS AND STANDARD
369-8 PRACTICES. (a) After public hearings at which associations and
369-9 individuals representing the teaching profession and other
369-10 interested persons shall have full opportunity to submit and
369-11 request adoption of all or part of the provisions of unofficial
369-12 codes of ethics that have been adopted by state and national
369-13 associations of members of the teaching profession, and to support,
369-14 oppose, or request amendments to proposals, the commission shall
369-15 develop and adopt a "code of ethics and standard practices" which
369-16 shall regulate and govern the conduct of members of the profession.>
369-17 <(b) The code of ethics and standard practices adopted by
369-18 the commission shall include standards of professional teaching
369-19 practices and professional performance, and standards of ethical
369-20 conduct of members of the teaching profession toward other members
369-21 of the profession, parents, students, and the community.>
369-22 <(c) The professional standards developed by the commission
369-23 shall be submitted by the Texas Education Agency to all active
369-24 certificated professional personnel in a referendum to determine
369-25 approval or disapproval of each individual standard and the
369-26 commission shall have available the results of the referendum and
369-27 give them consideration before finally adopting the standards.>
370-1 <(d) The commission shall likewise have power to revise or
370-2 adopt amendments to the code of ethics and standard practices.>
370-3 <(e) The code of ethics and standard practices originally
370-4 adopted by the commission, and in like manner any amendment thereto
370-5 or revision thereof, shall become effective on the first day of
370-6 September following the expiration of 90 days after the full text
370-7 of the professional standards so adopted by the commission or the
370-8 amendment or revision so adopted shall have been filed with the
370-9 Commissioner of Education of the State of Texas. No professional
370-10 standards disapproved in the referendum vote shall be adopted.>
370-11 <(f) It shall be the duty of the commissioner of education
370-12 on request of any member of the profession, licensed in this state,
370-13 to furnish him a copy of the code of ethics and standard practices,
370-14 together with amendments then in effect.>
370-15 <Sec. 13.211. UNPROFESSIONAL PRACTICE. A violation of any
370-16 rule or provision of the code of ethics and standard practices
370-17 adopted in conformity with this subchapter shall be deemed to be
370-18 "unprofessional practice," which shall constitute grounds for
370-19 suspension or revocation of the teaching certificate of the member,
370-20 which grounds shall be additional to those specified in Section
370-21 13.046 of this code; or the member may be warned or reprimanded for
370-22 such violation, if in the judgment of the commissioner of education
370-23 the violation is not of sufficient gravity to require suspension or
370-24 revocation of the teaching certificate.>
370-25 <Sec. 13.212. ADVISORY FUNCTION OF COMMISSION. The
370-26 commission shall act in an advisory capacity to the state
370-27 commissioner of education and to the State Board of Education in
371-1 matters of interpretation and enforcement of the code of ethics and
371-2 standard practices.>
371-3 <Sec. 13.213. COMPLAINT, NOTICE, HEARING, RECOMMENDATIONS.
371-4 (a) The commission shall be authorized to receive written
371-5 complaints from any certified teacher of alleged violation by any
371-6 member of the profession of any rule or provision of the code of
371-7 ethics and standard practices, and may hear the matter en banc, or
371-8 may refer the matter to a committee of the commission, composed of
371-9 three of its members, for hearing, as it may order.>
371-10 <(b) Upon receipt of a complaint, the commission shall give
371-11 to the member against whom the complaint is made at least 15 days'
371-12 notice of the nature of the complaint, and the time and place at
371-13 which the commission, or a panel thereof, will hear the matter,
371-14 such notice to be given by registered mail addressed to the member.>
371-15 <(c) At any hearing before the commission, or before a panel
371-16 of the commission, the member complained of shall be entitled to
371-17 produce witnesses in his behalf, and shall have a right to be
371-18 represented by counsel. After hearing (which shall be private
371-19 unless the party affected requests a public hearing), the
371-20 commission, or the hearing panel, shall make findings and
371-21 recommendations whether the complaint shall be dismissed or whether
371-22 the complaint shall be heard by the commissioner of education.>
371-23 <(d) The commission or panel thereof hearing the matter
371-24 shall file its recommendations with the commissioner of education
371-25 and shall also file with him a transcript of any evidence presented
371-26 before it.>
371-27 <Sec. 13.214. ACTION OF COMMISSIONER ON COMPLAINTS. (a) In
372-1 cases wherein the commission, or the panel thereof hearing the
372-2 matter, has recommended dismissal of the complaint, the
372-3 commissioner of education may dismiss the complaint without further
372-4 hearing. No appeal shall lie from the action of the commissioner
372-5 of education in dismissing a complaint hereunder.>
372-6 <(b) In cases in which the commission, or the panel thereof
372-7 hearing the matter, recommends suspension or revocation of the
372-8 certificate of any member, the commissioner of education may
372-9 dismiss the complaint on the basis of the record certified to him,
372-10 or may set the matter for hearing and disposition by the
372-11 commissioner of education; and from his final decision in the
372-12 matter, after hearing, an appeal may be taken to a district court
372-13 in Travis County.>
372-14 <(c) Nothing in this section contained is intended to bind
372-15 the commissioner of education to adopt the findings and
372-16 recommendations of the commission, or any panel thereof.>
372-17 <(d) The commissioner of education shall have power to adopt
372-18 rules of procedure (subject to approval of the State Board of
372-19 Education) for the conduct of hearings before him pursuant to this
372-20 subchapter.>
372-21 <Sec. 13.215. APPEALS. In all appeals prosecuted in any of
372-22 the courts of this state pursuant to the provisions of this
372-23 subchapter, such trials shall be de novo as that term is used and
372-24 understood in appeals from justice of the peace courts to county
372-25 courts. When such an appeal is filed and the court thereby
372-26 acquires jurisdiction, all administrative or executive action taken
372-27 prior thereto shall be null and void and of no force and effect,
373-1 and the rights of the parties thereto shall be determined by the
373-2 court upon a trial of the matters in controversy under rules
373-3 governing the trial of other civil suits in the same manner and to
373-4 the same extent as though the matter had been committed to the
373-5 courts in the first instance and there had been no intervening
373-6 administrative or executive action or decision. Under no
373-7 circumstances shall the substantial evidence rule as interpreted
373-8 and applied by the courts of Texas in other cases ever be used or
373-9 applied to appeals prosecuted under the provisions of this
373-10 subchapter.>
373-11 (Sections 21.211-21.230 reserved for expansion
373-12 SUBCHAPTER H <G>. TERM <TEACHERS' EMPLOYMENT>
373-13 CONTRACTS
373-14 Sec. 21.231 <21.201>. DEFINITIONS. In <As used in> this
373-15 subchapter:<, the following terms shall have the meaning ascribed
373-16 to them in this section.>
373-17 (1) "Teacher" has the meaning assigned by Section
373-18 21.151 <means a superintendent, principal, supervisor, classroom
373-19 teacher, counselor, or other full-time professional employee,
373-20 except paraprofessional personnel, who is required to hold a valid
373-21 certificate or teaching permit>.
373-22 (2) <"Board" and "board of trustees" means the
373-23 governing board of a public school district.>
373-24 <(3)> "School district" means any public school
373-25 district in this state.
373-26 (3) <(4)> "Term contract" means any contract of
373-27 employment for a fixed term between a <the> school district and a
374-1 teacher.
374-2 Sec. 21.232. PROBATIONARY CONTRACT REQUIRED. Before a
374-3 teacher may be employed under a term contract, the teacher must
374-4 complete a probationary period as provided by Subchapter F.
374-5 Sec. 21.233 <21.202>. CONSIDERATION OF TEACHER APPRAISALS
374-6 <EVALUATIONS>. Except in a home-rule school district, the
374-7 superintendent shall consider the two most recent appraisals
374-8 conducted under Subchapter I before deciding <The board of trustees
374-9 of each school district shall provide by written policy for the
374-10 periodic written evaluation of each teacher in its employ at annual
374-11 or more frequent intervals. Such evaluation shall be considered by
374-12 the board of trustees prior to any decision by the board> not to
374-13 renew the term contract of any teacher.
374-14 Sec. 21.234 <21.203>. Nonrenewal of Term Contracts. (a)
374-15 The superintendent <board of trustees> of each school district may
374-16 choose not to renew the contract <employment> of any teacher
374-17 employed under a term contract effective at the end of the contract
374-18 period.
374-19 (b) The board of trustees of each school district shall
374-20 establish policies consistent with this subchapter that <which
374-21 shall> establish reasons for nonrenewal. The policies must be
374-22 adopted before the proposed nonrenewal. <Reasons for nonrenewal
374-23 must include the failure of a person required to take an
374-24 examination under Section 13.047 of this code to perform
374-25 satisfactorily on at least one examination under that section on or
374-26 before June 30, 1986.>
374-27 (c) A principal may recommend to the superintendent or to a
375-1 person designated by the superintendent that the contract of a
375-2 teacher at the principal's campus not be renewed. <The board of
375-3 trustees of each school district shall establish policies and
375-4 procedures for receiving recommendations from its school
375-5 administration for the nonrenewal of teacher term contracts,
375-6 excepting only the general superintendent of schools.>
375-7 (d) The superintendent shall initiate each nonrenewal action
375-8 under this subchapter.
375-9 Sec. 21.235 <21.204>. NOTICE OF PROPOSED NONRENEWAL.
375-10 (a) If the superintendent determines a nonrenewal action should be
375-11 initiated, the superintendent <In the event the board of trustees
375-12 receives a recommendation for nonrenewal, the board, after
375-13 consideration of the written evaluations required by Section 21.202
375-14 of this subchapter and the reasons for the recommendation, shall,
375-15 in its sole discretion, either reject the recommendation or> shall
375-16 give the teacher written notice of the proposed nonrenewal not
375-17 later than the 60th day before the last day of instruction required
375-18 in the contract.
375-19 (b) If the superintendent fails <In the event of failure> to
375-20 give <such> notice of the proposed nonrenewal within the time
375-21 <herein> specified by Subsection (a), the district <board of
375-22 trustees> shall <thereby elect to> employ the <such> employee in
375-23 the same professional capacity for the succeeding school year.
375-24 (c) The notice of proposed nonrenewal required in this
375-25 section shall contain reasonable notice <a statement> of <all> the
375-26 reasons for the <such> proposed action.
375-27 (d) If the teacher does not request a hearing within the
376-1 time prescribed by Section 21.303, the superintendent shall:
376-2 (1) take the appropriate action; and
376-3 (2) notify the teacher in writing of the action not
376-4 later than the 30th day after the date the superintendent sends the
376-5 notice of the proposed nonrenewal.
376-6 Sec. 21.236 <21.2071>. RESIGNATIONS UNDER TERM CONTRACTS.
376-7 (a) A teacher employed under a term contract with a school
376-8 district may relinquish the teaching position and leave the
376-9 employment of the district at the end of a school year without
376-10 penalty by filing a written resignation with the superintendent
376-11 <board of trustees of the district as provided by this subsection.
376-12 The resignation must be addressed to the board and filed> not later
376-13 than the 45th day before the first day of the following school
376-14 year. A written resignation mailed by prepaid certified or
376-15 registered mail to the district is considered filed at the time of
376-16 mailing.
376-17 (b) A teacher employed under a term contract may resign,
376-18 with the consent of the superintendent <board of trustees> of the
376-19 district employing the teacher, at any other time <mutually
376-20 agreeable>.
376-21 <Sec. 21.208. SUPERINTENDENTS. If a majority of the board
376-22 of trustees of any school district shall determine that the term
376-23 contract of the general superintendent of schools should be
376-24 considered for nonrenewal, the provisions of this subchapter shall
376-25 apply, except that there need not be a recommendation from the
376-26 designated school administration.>
376-27 <Sec. 21.209. PROBATION. (a) The board of trustees of any
377-1 school district may provide by written policy for a probationary
377-2 period not to exceed the first two years of continuous employment
377-3 in the district, except that the probationary period shall not
377-4 exceed one year for a person who has been employed as a teacher in
377-5 public education for at least five of the eight years prior to
377-6 initial employment in the district. The provisions of this
377-7 subchapter shall not apply during such probationary period.>
377-8 <(b) A teacher dismissed for good cause from the school
377-9 district in which the teacher was most recently employed may agree
377-10 by written contract to a probationary period for the first two
377-11 years of continuous employment.>
377-12 Sec. 21.237 <21.210>. DISCHARGE FOR CAUSE UNDER TERM
377-13 CONTRACT. This <Nothing in this> subchapter does not <shall>
377-14 prohibit a superintendent <board of trustees> from discharging a
377-15 teacher for cause, including for a reason listed in Section 21.206,
377-16 during the term of the contract.
377-17 Sec. 21.238 <21.211>. NONAPPLICABILITY OF SUBCHAPTER
377-18 <EXEMPTIONS>. This subchapter does not apply to a teacher
377-19 <teachers who are> employed under a <the provisions of the>
377-20 probationary contract in accordance with Subchapter F or a
377-21 continuing contract in accordance with <law as set out in>
377-22 Subchapter G <C of Chapter 13 of this code>.
377-23 (Sections 21.239-21.270 reserved for expansion
377-24 SUBCHAPTER I <E>. EDUCATOR <TEACHER> APPRAISAL
377-25 Sec. 21.271 <13.302>. RECOMMENDED APPRAISAL PROCESS AND
377-26 PERFORMANCE CRITERIA. (a) The State Board of Education shall
377-27 adopt a recommended <an> appraisal process and criteria on which to
378-1 appraise the performance of teachers. The criteria must be based
378-2 on observable, job-related behavior, including teachers'
378-3 implementation of discipline management procedures.
378-4 (b) In accordance with rules adopted by the commissioner,
378-5 the board shall solicit and consider the advice of teachers in
378-6 developing the recommended appraisal process and performance
378-7 criteria.
378-8 (c) Under the recommended appraisal process, an <An>
378-9 appraiser must be the teacher's supervisor or a person approved by
378-10 the board of trustees. An appraiser who is a classroom teacher may
378-11 not appraise the performance of another classroom teacher who
378-12 teaches at the same school campus at which the appraiser teaches,
378-13 unless it is impractical because of the number of campuses or
378-14 unless the appraiser is the chair <chairman> of a department or
378-15 grade level whose job description includes classroom observation
378-16 responsibilities. <The board also shall provide for a uniform
378-17 training program and uniform certification standards for appraisers
378-18 to be used throughout the state. The board shall include teacher
378-19 self-appraisal in the process.>
378-20 (d) <The State Board of Education shall develop or adopt and
378-21 validate an assessment instrument which may be administered to
378-22 teaching personnel for the purpose of evaluating the performance of
378-23 those personnel in the jobs for which they were hired. The
378-24 assessment process may:>
378-25 <(1) be administered by or under the supervision of
378-26 the Central Education Agency on a statewide basis;>
378-27 <(2) provide opportunities for preparation and
379-1 remediation;>
379-2 <(3) provide reasonable opportunities for individuals
379-3 to attain an acceptable score set by the board;>
379-4 <(4) include provision for substitution of the results
379-5 of alternative assessment instruments approved by the board;>
379-6 <(5) be an integral part of the appraisal process and
379-7 shall not be considered as a substitute for any evaluation by
379-8 observation as may otherwise be required; and>
379-9 <(6) be administered by local districts.>
379-10 <(e) It is the intent of Subsection (d) of this section that
379-11 the assessment instrument described therein be used to assess
379-12 specific skills primarily for the purpose of remediation and
379-13 improvement.>
379-14 <(f)> Under the recommended appraisal process, appraisal
379-15 <Appraisal> for teachers must be detailed by category of
379-16 professional skill and characteristic and must provide for separate
379-17 ratings for each <per> category. The appraisal process shall
379-18 guarantee a conference between the teacher and the appraiser. The
379-19 conference shall be diagnostic and prescriptive with regard to
379-20 remediation needed in overall performance and by category.
379-21 <(g) The State Board of Education by rule shall require the
379-22 renewal of an appraiser's certification at regular intervals of not
379-23 more than three years and shall require certification renewal
379-24 within that period if substantial changes are made to the appraisal
379-25 process.>
379-26 (e) <(h)> The State Board of Education shall evaluate the
379-27 effectiveness of the recommended appraisal process. The agency
380-1 <Central Education Agency> shall monitor the implementation of the
380-2 recommended appraisal process and biennially recommend
380-3 modifications to the process to the State Board of Education
380-4 <board>.
380-5 Sec. 21.272 <13.303>. LOCAL ROLE. (a) In appraising
380-6 teachers, each school district shall use:
380-7 (1) the appraisal process and performance criteria
380-8 developed by the State Board of Education <board>; or
380-9 (2) an appraisal process and performance criteria
380-10 developed by the school district using <utilizing> the procedures
380-11 established under <in> Sections 12.201 and 12.202 under board of
380-12 trustee policy <21.930 and 21.931 and approved by the commissioner
380-13 of education>.
380-14 (b) The school district shall determine the number of
380-15 appraisers used <if the number is to exceed the minimum required>.
380-16 (c) Appraisal must <shall> be done at least once during each
380-17 school year. The district shall maintain a written copy of the
380-18 evaluation of each teacher's performance in the teacher's personnel
380-19 file. Each teacher is entitled to receive a written copy of the
380-20 evaluation on its completion. After receiving a written copy of
380-21 the evaluation, a teacher is entitled to a second appraisal by a
380-22 different appraiser or to submit a written rebuttal to the
380-23 evaluation to be attached to the evaluation in the teacher's
380-24 personnel file. The evaluation and any rebuttal may be given to
380-25 another school district at which the teacher has applied for
380-26 employment at the request of that district.
380-27 (d) A teacher may be given advance notice of the date or
381-1 time of an appraisal, but advance notice is not required.
381-2 Sec. 21.273 <13.304>. Performance Categories. In appraisals
381-3 of teacher performance, performance shall be evaluated as:
381-4 (1) unsatisfactory, <(>if the teacher's performance is
381-5 clearly not acceptable in some major area<)>;
381-6 (2) below expectations, <(>if the teacher's
381-7 performance needs improvement in some major areas<)>;
381-8 (3) satisfactory, <(>if the teacher's performance
381-9 meets expectations<)>;
381-10 (4) exceeding expectations, <(>if the teacher's
381-11 performance excels in some major areas<)>; or
381-12 (5) clearly outstanding.
381-13 <Sec. 13.306. PROBATIONARY YEAR. (a) The first year of
381-14 teaching shall be probationary, with the following requirements for
381-15 a teacher to enter into an initial contract for teaching:>
381-16 <(1) completion of a baccalaureate degree, or other
381-17 requirements as established by the State Board of Education;>
381-18 <(2) completion of an approved teacher education
381-19 program or admission into an alternative certification program;>
381-20 <(3) recommendation by an approved institution of
381-21 higher education; and>
381-22 <(4) satisfactory scores on a comprehensive
381-23 examination as prescribed by rule of the State Board of Education
381-24 under Section 13.032 of this code.>
381-25 <(c) In the event that a first year teacher fails to perform
381-26 satisfactorily in each category of appraisal, the probationary
381-27 level may be extended to a second year upon recommendation of the
382-1 district, and the teacher shall be retained at the beginning salary
382-2 level. The district shall be required to prescribe specific
382-3 remediation for the second probationary year.>
382-4 <(d) In the event that a probationary teacher fails to
382-5 perform satisfactorily in each category of appraisal at the end of
382-6 the second year, the teacher's contract shall not be renewed for
382-7 one year and thereafter until such time as the teacher completes
382-8 remedial instruction as recommended by the appraisal team that
382-9 evaluated that teacher.>
382-10 Sec. 21.274 <13.318>. Appraisal on Basis of Classroom
382-11 Teaching Performance. A teacher who directs extracurricular
382-12 activities in addition to performing classroom teaching duties
382-13 shall be appraised only on the basis of classroom teaching
382-14 performance and not on performance in connection with the
382-15 extracurricular activities.
382-16 Sec. 21.275 <13.354>. Appraisal of Administrators. (a) The
382-17 State Board of Education shall adopt an appraisal process and
382-18 criteria on which to appraise the performance of school
382-19 administrators. The criteria must be based on job-related
382-20 performance.
382-21 (b) The State Board of Education <board> may solicit and
382-22 consider the advice of teachers and administrators in developing
382-23 the appraisal process and performance criteria.
382-24 (c) <(d)> Each school district shall appraise each
382-25 administrator annually using <may use> the appraisal process and
382-26 performance criteria developed by the State Board of Education
382-27 <board in evaluating the performance of an administrator>. Funds
383-1 of a school district may not be used to pay an administrator who
383-2 has not been appraised under this section in the preceding 15
383-3 months.
383-4 (d) <(e)> The appraisal of a principal shall include
383-5 consideration of the performance of the principal's campus on the
383-6 indicators established under <in> Section 39.051 <21.7531 of this
383-7 code> and the campus's objectives established <set> under Section
383-8 12.203 <21.7532 of this code>, including performance gains of the
383-9 campus and the maintenance of those gains.
383-10 <SUBCHAPTER G. TECHNOLOGY EDUCATION PROGRAMS IN PUBLIC SCHOOLS>
383-11 <Sec. 13.501. STATE POLICY. (a) The legislature finds that
383-12 the economic well-being of Texas and the United States, including
383-13 our competitiveness in national and world markets, is increasingly
383-14 dependent on technology and will require a citizenry that possesses
383-15 general and specific skills in mathematics, science, computer
383-16 science, and related technological subjects. The public schools
383-17 are responsible for imparting these skills to students but are
383-18 increasingly unable to meet this obligation successfully because of
383-19 a decline in the number of qualified and certified persons seeking
383-20 to teach these subjects.>
383-21 <(b) It is the purpose of this subchapter to increase the
383-22 ability of local school districts to provide secondary students
383-23 with quality instruction in mathematics, science, computer science,
383-24 and related technological subjects. Therefore, local school
383-25 districts are authorized and encouraged to establish programs to
383-26 cooperate with the business community and with other educational
383-27 and governmental institutions to recruit qualified persons who will
384-1 provide secondary students with the skills and training essential
384-2 for the technological age.>
384-3 <Sec. 13.502. ESTABLISHMENT OF LOCAL PROGRAMS. (a) The
384-4 board of trustees of a school district may develop and implement a
384-5 program for employing qualified but noncertified persons to teach
384-6 mathematics, science, computer science, and related technological
384-7 subjects in the secondary schools of the district.>
384-8 <(b) To establish such a program, the board of trustees
384-9 shall approve a comprehensive plan that shall include:>
384-10 <(1) a statement of the needs, goals, and priorities
384-11 of the school district for expanding secondary instruction in
384-12 mathematics, science, computer science, and related technological
384-13 subjects;>
384-14 <(2) a description of the methods by which the school
384-15 district will select, supervise, and evaluate noncertified
384-16 instructors;>
384-17 <(3) a description of the specific subjects and
384-18 activities to be taught in the district by noncertified
384-19 instructors;>
384-20 <(4) a description of the district's compensation plan
384-21 for noncertified instructors;>
384-22 <(5) a description of the use the district intends to
384-23 make of the resources of the business community and other
384-24 educational and governmental institutions; and>
384-25 <(6) a description of the district's in-service
384-26 training program for noncertified instructors to improve their
384-27 knowledge of appropriate instructional methods.>
385-1 <(c) The board of trustees may modify or abolish the
385-2 district's comprehensive plan at any time.>
385-3 <(d) A school district shall submit a copy of its
385-4 comprehensive plan to the commissioner of education. The
385-5 commissioner of education shall review and approve or reject the
385-6 comprehensive plan consistent with the intent expressed in the
385-7 legislation. The commissioner must affirm or reject the
385-8 application within 30 days. The commissioner shall make copies of
385-9 a district's plan available to other districts upon written
385-10 request. The Central Education Agency shall provide technical
385-11 assistance in implementing the comprehensive plan when requested to
385-12 do so by a school district.>
385-13 <Sec. 13.503. REQUIREMENTS FOR NONCERTIFIED INSTRUCTORS.
385-14 (a) To be eligible for employment as a noncertified instructor, a
385-15 person must have at least a bachelor's degree from an accredited
385-16 institution of higher education, with a concentration in the
385-17 subject area to be taught. A school district may require
385-18 additional qualifications for instructors, including, but not
385-19 limited to, work experience in a field related to the subject area
385-20 to be taught.>
385-21 <(b) A noncertified instructor may not teach more than three
385-22 classes per day during any semester. A noncertified instructor's
385-23 compensation may not exceed the number of courses he teaches
385-24 divided by the normal instructional course load for a secondary
385-25 teacher in the district, multiplied by the district's minimum
385-26 salary for a certified teacher with a bachelor's degree. Such
385-27 compensation shall be paid to the noncertified person, or to any
386-1 other person, partnership, corporation, or institution designated
386-2 in writing by the noncertified person. This subsection does not
386-3 apply to a noncertified instructor who is teaching in the public
386-4 schools as part of a teacher training program in an accredited
386-5 institution of higher education.>
386-6 <(c) A noncertified instructor is not eligible for any of
386-7 the benefits available to a certified teacher in the district,
386-8 including participation in the Teacher Retirement System of Texas.
386-9 However, a noncertified instructor is immune from personal
386-10 liability for acts and omissions in the scope of employment to the
386-11 same extent that a certified teacher is immune from such liability,
386-12 and a district may insure a noncertified instructor against
386-13 liability for acts and omissions in the scope of employment to the
386-14 same extent as it insures its certified teachers from such
386-15 liability.>
386-16 <(d) A noncertified instructor may be terminated whenever
386-17 the board of trustees determines that the best interests of the
386-18 school district are served thereby. A noncertified instructor does
386-19 not acquire a property interest in continued employment in a school
386-20 district and may not appeal a termination decision of a board of
386-21 trustees to the commissioner of education.>
386-22 <(e) Any course taught by a noncertified instructor shall
386-23 count toward fulfilling a student's graduation requirements if it
386-24 would count if taught by a certified teacher.>
386-25 <(f) As a condition of employment, a board of trustees may
386-26 require a noncertified instructor to meet with parents or guardians
386-27 of students on a reasonable basis to discuss students' grades or
387-1 progress in courses taught by the noncertified instructor.>
387-2 <Sec. 13.504. LIMITATION ON EMPLOYMENT OF NONCERTIFIED
387-3 INSTRUCTORS. Implementation of a program under this subchapter
387-4 shall not result in the displacement of any certified person
387-5 qualified to teach such courses. In implementing a program,
387-6 preference in hiring and retention shall be given to certified
387-7 persons qualified to teach such courses. A school district may not
387-8 employ a noncertified instructor beyond the end of a semester to
387-9 teach any course for which a qualified and certified teacher is
387-10 available and has a current application for employment on file with
387-11 the district.>
387-12 <Sec. 13.505. FUNDING OF LOCAL PROGRAMS. A school district
387-13 may use any federal, state, or local funds not specifically
387-14 dedicated to another purpose by statute or contract to implement
387-15 the provisions of this subchapter.>
387-16 <Sec. 13.506. SUPERIORITY OF THIS SUBCHAPTER. To the extent
387-17 that this subchapter conflicts with any other provision relating to
387-18 the training or employment of teachers, this subchapter governs.>
387-19 (Sections 21.276-21.300 reserved for expansion
387-20 SUBCHAPTER J. HEARINGS BEFORE HEARING EXAMINERS
387-21 Sec. 21.301. APPLICABILITY. (a) This subchapter applies to
387-22 a school district only if adopted by the board of trustees by
387-23 resolution.
387-24 (b) This subchapter applies if an educator requests a
387-25 hearing after receiving notice of the superintendent's decision to:
387-26 (1) terminate the educator's contract under Section
387-27 21.154, 21.206, 21.207, or 21.237;
388-1 (2) suspend the educator without pay under Section
388-2 21.154 or 21.206; or
388-3 (3) not renew the educator's term contract under
388-4 Section 21.234.
388-5 (c) This subchapter does not apply to:
388-6 (1) a decision by a superintendent to terminate a
388-7 probationary contract under Section 21.153; or
388-8 (2) a decision by a board of trustees to dismiss or
388-9 suspend a superintendent.
388-10 Sec. 21.302. CERTIFICATION OF HEARING EXAMINERS. (a) The
388-11 State Board of Education by rule shall establish criteria for the
388-12 certification and renewal of certification as a hearing examiner
388-13 eligible to conduct hearings under this subchapter.
388-14 (b) To be certified as a hearing examiner, a person must be
388-15 licensed to practice law in this state.
388-16 (c) The commissioner shall certify hearing examiners
388-17 according to the criteria established by the board. A person
388-18 certified by the commissioner may not:
388-19 (1) serve as an agent, representative, or employee of
388-20 a school district, school employee organization, school
388-21 administrator organization, or school board organization; or
388-22 (2) have served in a capacity described by Subdivision
388-23 (1) during the three years preceding the date the person is
388-24 certified.
388-25 (d) Certification under this section must be renewed
388-26 annually.
388-27 (e) The commissioner shall approve and sanction courses that
389-1 provide training in the duties of a hearing examiner under this
389-2 subchapter.
389-3 (f) The commissioner shall establish an annual fee for
389-4 certification under this section in an amount sufficient to cover
389-5 the cost of certifying a hearing examiner.
389-6 Sec. 21.303. REQUEST FOR HEARING. An educator must file a
389-7 written request for a hearing under this subchapter with the
389-8 commissioner not later than the 15th day after the date the
389-9 educator receives written notice of the superintendent's proposed
389-10 action. The educator must provide the superintendent with a copy
389-11 of the request.
389-12 Sec. 21.304. ASSIGNMENT OF HEARING EXAMINER. (a) The
389-13 commissioner shall establish, for each region served by a regional
389-14 education service center, a list of persons certified under Section
389-15 21.302. Each regional list shall be initially prepared in a random
389-16 name order, and subsequent additions to a list shall be added
389-17 chronologically.
389-18 (b) The commissioner shall assign the hearing examiner for a
389-19 particular case by selecting the name following the name of the
389-20 person assigned to the previous case. The commissioner may not
389-21 change the order of names once the order is established under this
389-22 section, except that once each hearing examiner on the list has
389-23 been assigned to a case, the names shall be randomly reordered.
389-24 (c) The commissioner shall assign a hearing examiner to a
389-25 pending case not later than the 10th business day after the date on
389-26 which the commissioner receives the request for a hearing. When a
389-27 hearing examiner has been assigned to a case, the commissioner
390-1 shall immediately notify the parties.
390-2 (d) Either party is entitled to reject the assigned hearing
390-3 examiner for cause. A rejection must be in writing and filed with
390-4 the commissioner not later than the third day after the date of
390-5 notification of the hearing examiner's assignment. If the
390-6 commissioner determines the party has good cause to reject the
390-7 hearing examiner, the commissioner shall assign another hearing
390-8 examiner as provided by Subsection (b). If neither party makes a
390-9 timely rejection, the assignment is final.
390-10 (e) The parties by agreement may select a person who is not
390-11 certified under Section 21.302 to serve as a hearing examiner. A
390-12 person selected under this subsection must be licensed to practice
390-13 law in this state. If the parties agree on a hearing examiner
390-14 before the educator files a request for hearing under Section
390-15 21.303, the request must include the name of the hearing examiner
390-16 selected. If the parties agree on a hearing examiner after the
390-17 educator files the request for hearing, the educator shall promptly
390-18 notify the commissioner in writing of the name of the hearing
390-19 examiner.
390-20 Sec. 21.305. SCHEDULING OF HEARING. (a) A hearing examiner
390-21 assigned or selected under Section 21.304 shall schedule a hearing
390-22 by agreement of the parties, if possible.
390-23 (b) The hearing shall be held in the school district or at
390-24 the regional education service center serving the school district,
390-25 as agreed by the parties or as ordered by the hearing examiner.
390-26 Sec. 21.306. DISCOVERY. (a) A hearing examiner shall
390-27 provide the parties a reasonable opportunity for prehearing
391-1 discovery in the form of interrogatories, requests for the
391-2 production of documents, requests for admissions, and depositions,
391-3 according to rules adopted by the commissioner.
391-4 (b) Any depositions shall be held in the school district or
391-5 at the regional education service center serving the school
391-6 district, as agreed by the parties or as ordered by the hearing
391-7 examiner.
391-8 Sec. 21.307. POWERS OF HEARING EXAMINER. A hearing examiner
391-9 may:
391-10 (1) issue subpoenas for the attendance of witnesses
391-11 and the production of documents at a deposition or at the hearing;
391-12 (2) administer oaths;
391-13 (3) make rulings on motions, the admissibility of
391-14 evidence, and amendments to pleadings;
391-15 (4) call and examine witnesses;
391-16 (5) maintain decorum;
391-17 (6) schedule and recess the proceedings; and
391-18 (7) make any other orders as provided by rules adopted
391-19 by the commissioner.
391-20 Sec. 21.308. CONDUCT OF HEARING. (a) A hearing under this
391-21 subchapter must be private unless the educator requests in writing
391-22 that the hearing be public.
391-23 (b) A hearing is not subject to Chapter 2001, Government
391-24 Code.
391-25 (c) At a hearing, an educator has the right to:
391-26 (1) be represented by counsel employed by the
391-27 educator;
392-1 (2) hear the evidence on which the charges are based;
392-2 (3) cross-examine each adverse witness; and
392-3 (4) present evidence.
392-4 (d) The Texas Rules of Civil Evidence apply at a hearing. A
392-5 hearing shall be reported by a certified shorthand reporter.
392-6 (e) To protect the privacy of a witness who is a child, the
392-7 hearing examiner may:
392-8 (1) close the hearing to receive the testimony of the
392-9 witness; or
392-10 (2) order that the testimony or a statement of the
392-11 witness be presented using the procedures prescribed by Article
392-12 38.071, Code of Criminal Procedure.
392-13 (f) An evaluation or appraisal of the educator is presumed
392-14 to be admissible at a hearing.
392-15 (g) At a hearing, the school district has the burden of
392-16 proof by a preponderance of the evidence.
392-17 Sec. 21.309. RECOMMENDATION OF HEARING EXAMINER. (a) Not
392-18 later than the 45th day after the date on which the commissioner
392-19 receives an educator's written request for a hearing under Section
392-20 21.303, the hearing examiner shall make a written recommendation
392-21 that:
392-22 (1) includes findings of fact and conclusions of law;
392-23 and
392-24 (2) may include a proposal for granting relief.
392-25 (b) The proposed relief may include reinstatement, back pay,
392-26 or employment benefits, but may not include attorney's fees or
392-27 other costs associated with the hearing or appeals from the
393-1 hearing.
393-2 (c) The parties may agree to waive the right to a
393-3 recommendation by the date prescribed by Subsection (a).
393-4 (d) The hearing examiner shall send a copy of the
393-5 recommendation to each party, the president of the board of
393-6 trustees, and the commissioner.
393-7 Sec. 21.310. COST OF HEARING. (a) The school district
393-8 shall bear the cost of the hearing examiner, including travel
393-9 expenses, at rates established by the commissioner. The
393-10 commissioner shall establish a maximum cost per hearing.
393-11 (b) The school district shall bear the cost of the services
393-12 of the certified shorthand reporter, except as provided by Section
393-13 21.308.
393-14 Sec. 21.311. REPLACEMENT OF HEARING EXAMINER. If a hearing
393-15 examiner is unable to continue presiding over a case at any time
393-16 before issuing a recommendation, the commissioner shall appoint
393-17 another hearing examiner who, after reviewing the record, shall
393-18 perform any remaining functions without the necessity of repeating
393-19 any previous proceeding.
393-20 Sec. 21.312. CONSIDERATION OF RECOMMENDATION BY BOARD OF
393-21 TRUSTEES OR BOARD SUBCOMMITTEE. (a) The board of trustees or a
393-22 subcommittee designated by the board shall consider the
393-23 recommendation of the hearing examiner at the first board meeting
393-24 for which notice can be posted in compliance with Chapter 551,
393-25 Government Code, following the issuance of the recommendation. The
393-26 meeting must be held not later than the 20th day after the date
393-27 that the president of the board receives the hearing examiner's
394-1 recommendation.
394-2 (b) At the meeting, the board of trustees or board
394-3 subcommittee shall consider the hearing examiner's recommendation
394-4 and shall allow each party to present an oral argument to the board
394-5 or subcommittee. The board by written policy may limit the amount
394-6 of time for oral argument.
394-7 (c) The board of trustees or board subcommittee may obtain
394-8 advice concerning legal matters from an attorney who has not been
394-9 involved in the proceedings.
394-10 Sec. 21.313. DECISION OF BOARD OF TRUSTEES OR BOARD
394-11 SUBCOMMITTEE. (a) Not later than the 10th day after the date of
394-12 the board meeting under Section 21.312, the board of trustees or
394-13 board subcommittee shall announce a decision that:
394-14 (1) includes findings of fact and conclusions of law;
394-15 and
394-16 (2) may include a grant of relief.
394-17 (b) The board of trustees or board subcommittee may adopt,
394-18 reject, or change the hearing examiner's:
394-19 (1) findings of fact;
394-20 (2) conclusions of law; or
394-21 (3) proposal for granting relief.
394-22 (c) The board of trustees or board subcommittee may reject
394-23 or change a finding of fact made by the hearing examiner only if
394-24 the board or subcommittee determines, after reviewing the record of
394-25 the proceedings before the hearing examiner, that the finding of
394-26 fact is not supported by sufficient evidence.
394-27 (d) The board of trustees or board subcommittee shall state
395-1 in writing the reason and legal basis for a change or rejection
395-2 made under this section.
395-3 Sec. 21.314. RECORDING OF BOARD MEETING AND ANNOUNCEMENT. A
395-4 certified shorthand reporter shall record the oral argument under
395-5 Section 21.312 and the announcement of the decision under Section
395-6 21.313. The school district shall bear the cost of the services of
395-7 the certified shorthand reporter, except as provided by Section
395-8 21.318.
395-9 Sec. 21.315. APPEAL TO COMMISSIONER. (a) Not later than
395-10 the 10th day after the date the board of trustees or board
395-11 subcommittee announces its decision under Section 21.313, the
395-12 educator may appeal the decision by filing a petition for review
395-13 with the commissioner.
395-14 (b) The commissioner shall review the record of the hearing
395-15 before the hearing examiner and the oral argument before the board
395-16 of trustees or board subcommittee. The commissioner, on the motion
395-17 of a party or on the commissioner's motion, may hear oral argument.
395-18 (c) The commissioner may adopt rules governing the conduct
395-19 of an appeal to the commissioner. An appeal to the commissioner
395-20 under this section is not subject to Chapter 2001, Government Code.
395-21 (d) The commissioner may obtain advice concerning legal
395-22 matters from the chief legal officer of the agency if the chief
395-23 legal officer has not been involved in the proceedings.
395-24 Sec. 21.316. EVIDENTIARY HEARING BEFORE COMMISSIONER. (a)
395-25 If a party alleges that procedural irregularities occurred at the
395-26 hearing before the hearing examiner that are not reflected in the
395-27 local record, the commissioner may hold a hearing for the
396-1 presentation of evidence on that issue. The commissioner may make
396-2 appropriate orders consistent with rules adopted by the
396-3 commissioner.
396-4 (b) A hearing under this section shall be recorded by a
396-5 certified shorthand reporter.
396-6 Sec. 21.317. DETERMINATION BY COMMISSIONER. (a) If the
396-7 commissioner determines that the findings of fact adopted or
396-8 changed by the board of trustees or board subcommittee are legally
396-9 insufficient or that the conclusions of law adopted or changed by
396-10 the board or subcommittee or the relief ordered by the board or
396-11 subcommittee is arbitrary or capricious, the commissioner shall
396-12 order the school district to:
396-13 (1) reinstate the educator; and
396-14 (2) pay the educator any back pay from the time of
396-15 termination, suspension, or nonrenewal to reinstatement.
396-16 (b) If the commissioner determines that the findings of fact
396-17 adopted or changed by the board of trustees or board subcommittee
396-18 are legally sufficient and that the conclusions of law adopted or
396-19 changed by the board or subcommittee and the relief ordered by the
396-20 board or subcommittee is not arbitrary or capricious, the
396-21 commissioner shall enter an order affirming the decision to
396-22 terminate or suspend the teacher or to not renew the teacher's
396-23 contract.
396-24 (c) The commissioner's decision must be in writing and
396-25 include findings of fact and conclusions of law. The commissioner
396-26 may adopt by reference findings of fact or conclusions of law
396-27 contained in the local record.
397-1 (d) The commissioner shall issue a decision not later than
397-2 the 60th day after the date the educator filed the petition for
397-3 review under Section 21.315.
397-4 (e) The commissioner shall send a copy of the decision to
397-5 each party or the party's representative by certified mail. The
397-6 commissioner shall keep a record of the mailing. A party is
397-7 presumed to be notified of the decision on the date the decision is
397-8 received, as indicated by the certified mail return receipt.
397-9 (f) The commissioner shall maintain and index each decision
397-10 of the commissioner issued under this section and the corresponding
397-11 recommendations of the hearing examiner.
397-12 (g) Instead of reinstating an educator under Subsection
397-13 (a)(1), the school district may pay the educator one year's salary.
397-14 Sec. 21.318. COSTS ON APPEAL TO COMMISSIONER. (a) An
397-15 educator who appeals the decision of the board of trustees or board
397-16 subcommittee under Section 21.313 shall bear the cost of preparing
397-17 the original transcript of the hearing before the hearing examiner
397-18 and the oral argument before the board of trustees or subcommittee.
397-19 (b) Each party shall bear the cost of any copy of the
397-20 transcript requested by that party.
397-21 (c) The successful party to an appeal is entitled to recover
397-22 from the adverse party the cost of transcription of the local
397-23 records and of any hearing before the commissioner if an appeal
397-24 from the commissioner's decision is not taken.
397-25 Sec. 21.319. EX PARTE COMMUNICATIONS PROHIBITED. The
397-26 commissioner and the staff of the agency involved in an appeal to
397-27 the commissioner under Section 21.315 may not communicate with any
398-1 party or party representative in connection with any issue of fact
398-2 or law except on notice and opportunity for each party to
398-3 participate.
398-4 Sec. 21.320. JUDICIAL APPEAL. (a) A party may appeal the
398-5 decision of the commissioner under Section 21.317 to a district
398-6 court of:
398-7 (1) Travis County; or
398-8 (2) the county in which the school district's central
398-9 administrative office is located.
398-10 (b) An appeal under this section must be perfected not later
398-11 than the 30th day after the date the party received notice of the
398-12 commissioner's decision. A motion for rehearing is not required
398-13 for the party to appeal.
398-14 (c) The commissioner and each party to the appeal to the
398-15 commissioner shall be made a party to an appeal under this section.
398-16 (d) The perfection of any appeal under this section does not
398-17 affect the enforcement of the commissioner's decision.
398-18 (e) The court shall review the commissioner's decision under
398-19 the substantial evidence rule.
398-20 (f) At the conclusion of judicial review, the unsuccessful
398-21 party shall pay all costs, including the cost of the transcription
398-22 of the local record and of any hearing before the commissioner.
398-23 (Sections 21.321-21.350 reserved for expansion
398-24 SUBCHAPTER K. HEARINGS BEFORE BOARD OF TRUSTEES
398-25 Sec. 21.351. APPLICABILITY. (a) This subchapter applies
398-26 only to a school district that has not adopted the provisions of
398-27 Subchapter J.
399-1 (b) This subchapter applies if an educator requests a
399-2 hearing after receiving notice of the superintendent's decision to:
399-3 (1) terminate the educator's contract under Section
399-4 21.154, 21.206, 21.207, or 21.237;
399-5 (2) suspend the educator without pay under Section
399-6 21.154 or 21.206; or
399-7 (3) not renew the educator's term contract under
399-8 Section 21.234.
399-9 (c) This subchapter does not apply to:
399-10 (1) a decision by a superintendent to terminate a
399-11 probationary contract under Section 21.153; or
399-12 (2) a decision by a board of trustees to dismiss or
399-13 suspend a superintendent.
399-14 Sec. 21.352 <21.205>. HEARING. (a) If the teacher desires
399-15 a hearing after receiving notice of the proposed termination,
399-16 suspension, or nonrenewal, the teacher shall notify the board of
399-17 trustees in writing not later than the 15th day <within 10 days>
399-18 after the date the teacher receives <receiving> the notice of the
399-19 proposed action <nonrenewal>. The board shall provide for a
399-20 hearing to be held not later than the 15th day after the date the
399-21 board receives the request for <within 15 days after receiving
399-22 written notice from the teacher requesting> a hearing. The <Such>
399-23 hearing shall be closed unless the teacher requests an open hearing
399-24 <is requested by the employee>.
399-25 (b) The hearing must <shall> be conducted in accordance with
399-26 rules adopted <promulgated> by the district. <The board of
399-27 trustees may designate a person to serve as an impartial hearing
400-1 officer to develop a record for consideration by the board. The
400-2 board shall make its decision based on a review of the record
400-3 developed by the impartial hearing officer and on oral argument
400-4 before the board of the teacher or the teacher's representative and
400-5 the district's representative.>
400-6 (c) At the hearing, the teacher may:
400-7 (1) be represented by counsel employed by the teacher;
400-8 (2) hear the evidence on which the charges are based;
400-9 (3) cross-examine adverse witnesses; and
400-10 (4) present evidence.
400-11 Sec. 21.353 <21.206>. Decision of Board. Following the
400-12 <(a) If the teacher fails to request a hearing, the board shall
400-13 take such action as it deems lawful and appropriate and shall
400-14 notify the employee in writing of that action within 15 days of the
400-15 expiration of the 10-day period for requesting a hearing.>
400-16 <(b) If the teacher requests a> hearing, the board of
400-17 trustees shall:
400-18 (1) take the appropriate <such> action; <as it deems
400-19 lawful and appropriate> and
400-20 (2) <shall> notify the teacher in writing of that
400-21 action not later than the 15th day after the date on which <within
400-22 15 days following the conclusion of> the hearing is concluded.
400-23 Sec. 21.354 <21.207>. Appeal. (a) A <If the> teacher who
400-24 is aggrieved by the decision of the board of trustees<, he> may
400-25 appeal to the commissioner <State Commissioner of Education
400-26 pursuant to Section 11.13 of this code>. The commissioner shall,
400-27 after notice to the parties, hold a hearing and render a decision
401-1 without cost to the parties <may not substitute his judgment for
401-2 that of the board of trustees, unless the decision below was
401-3 arbitrary, capricious, unlawful, or not supported by substantial
401-4 evidence>.
401-5 (b) Either party may appeal the commissioner's decision to a
401-6 district court in Travis County.
401-7 (Sections 21.355-21.400 reserved for expansion
401-8 SUBCHAPTER L. DUTIES AND BENEFITS
401-9 Sec. 21.401 <13.907>. MINIMUM SERVICE REQUIRED <TEACHING
401-10 DUTIES>. (a) A contract between a school district and an educator
401-11 must be for a minimum of 10 months' service.
401-12 (b) An educator employed under a 10-month contract must
401-13 provide a minimum of 185 days of service. An educator employed
401-14 under an 11-month contract must provide a minimum of 210 days of
401-15 service. An educator employed under a 12-month contract must
401-16 provide a minimum of 230 days of service.
401-17 (c) The commissioner, as provided by Sections 21.451(b) and
401-18 25.081(b), may reduce the number of days of service required by
401-19 this section. A reduction by the commissioner does not reduce an
401-20 educator's salary.
401-21 (d) Each teacher, including a teacher who directs
401-22 extracurricular activities, shall teach in the classroom not less
401-23 than 25 <four> hours each school week <day>.
401-24 (e) For each day a school district is required to operate
401-25 under Section 21.451 or Section 25.081, the district shall pay each
401-26 employee who is required for the operation of the district for that
401-27 day the employee's salary at the daily rate of pay.
402-1 Sec. 21.402. MINIMUM SALARY SCHEDULE FOR CLASSROOM TEACHERS
402-2 AND FULL-TIME LIBRARIANS. (a) Except as provided by Subsection
402-3 (d), a school district must pay each classroom teacher or full-time
402-4 librarian not less than the minimum monthly salary, based on the
402-5 employee's level of experience, determined by the following
402-6 formula:
402-7 where:
402-8 "MS" is the minimum monthly salary;
402-9 "SF" is the applicable salary factor specified by Subsection
402-10 (c);
402-11 "FSP" is the amount appropriated in the General
402-12 Appropriations Act for the fiscal year for the Foundation School
402-13 Program, as determined by the commissioner as provided by
402-14 Subsection (b); and
402-15 "ADA" is the total estimated average daily attendance, as
402-16 defined by Section 42.006, used for purposes of the General
402-17 Appropriations Act for the fiscal year.
402-18 (b) Not later than September 1 of each year, the
402-19 commissioner shall determine the amount appropriated for purposes
402-20 of Chapter 42 for the state fiscal year beginning September 1. The
402-21 commissioner shall exclude from the determination:
402-22 (1) amounts designated solely for use in connection
402-23 with school facilities or for payment of principal of and interest
402-24 on bonds; and
402-25 (2) local funds received under Subchapter D, Chapter
402-26 41.
402-27 (c) The salary factors per step are as follows:
403-1 Years Experience 0 1 2 3 4
403-2 Salary Factor 0.8013 0.8506 0.9000 0.9494 0.9988
403-3 Years Experience 5 6 7 8 9
403-4 Salary Factor 1.0481 1.0975 1.1405 1.1780 1.2106
403-5 Years Experience 10 11 12 13 14
403-6 Salary Factor 1.2390 1.2638 1.2853 1.3041 1.3205
403-7 Years Experience 15 16 17 18 19
403-8 Salary Factor 1.3347 1.3471 1.3579 1.3687 1.3795
403-9 Years Experience 20
403-10 Salary Factor 1.3904
403-11 (d) If the minimum monthly salary determined under
403-12 Subsection (a) for a particular level of experience is less than
403-13 the minimum monthly salary for that level of experience in the
403-14 preceding year, the minimum monthly salary is the minimum monthly
403-15 salary for the preceding year.
403-16 (e) Each individual shall advance one step per each year of
403-17 teaching experience until step 20 is reached. For each year of
403-18 work experience required for certification in a vocational field,
403-19 up to a maximum of two years, a vocational teacher who is certified
403-20 in that field is entitled to salary step credit as if the work
403-21 experience were teaching experience.
403-22 Sec. 21.403. CONSECUTIVE YEARS OF EXPERIENCE NOT REQUIRED.
403-23 In determining the placement of an individual on the salary
403-24 schedule under Section 21.402, a district shall credit the
403-25 individual for each year of experience, without regard to whether
403-26 the years are consecutive.
403-27 Sec. 21.404. SALARY OF TEACHER FORMERLY ON CAREER LADDER.
404-1 (a) Notwithstanding Section 21.402, a teacher who received a
404-2 career ladder supplement on August 31, 1993, is entitled to the
404-3 greater of:
404-4 (1) the monthly salary applicable to the teacher under
404-5 Section 21.402; or
404-6 (2) the monthly salary that is the sum of the monthly
404-7 salary the teacher received for the 1994-1995 school year plus the
404-8 quotient of the annual career ladder salary replacement the teacher
404-9 received for that year divided by 10.
404-10 (b) In this section, "career ladder salary replacement"
404-11 means the amount a teacher received that represented a career
404-12 ladder salary supplement under Section 16.057, as that section
404-13 existed January 1, 1993.
404-14 Sec. 21.405 <13.902>. Planning and Preparation Time. Each
404-15 classroom teacher is entitled to <actively engaged in the
404-16 instruction of children shall have> at least 225 <one period of not
404-17 less than 45> minutes within the <seven-hour> school week <day> for
404-18 instructional preparation, including parent-teacher conferences,
404-19 evaluating <reviewing> students' work <homework>, and planning <and
404-20 preparation>. A planning and preparation period under this section
404-21 may not be less than 45 minutes. During a planning and preparation
404-22 period <that time>, a classroom teacher may not be required to
404-23 participate in any other activity.
404-24 <Sec. 13.903. UNIFORM RETIREMENT AGE. The board of trustees
404-25 of each public school district in Texas shall have full authority
404-26 to establish a uniform retirement age for its professional and
404-27 supportive personnel and notwithstanding any provision to the
405-1 contrary. No district shall be required to retain any person in
405-2 its employment after he reaches such prescribed age.>
405-3 <Sec. 13.908. SUPERVISOR TRAINING AND CERTIFICATION.
405-4 (a) The State Board of Education shall provide for training
405-5 individuals who supervise teachers. Among the areas of supervisory
405-6 training that shall be emphasized are communication, counseling,
405-7 goal-setting, and teacher review.>
405-8 <(b) The board shall adopt a procedure for certifying
405-9 individuals who have been trained in supervising teachers.>
405-10 Sec. 21.406 <13.909>. Duty-Free Lunch. (a) Except as
405-11 provided by Subsection (c) <of this section>, each classroom
405-12 teacher or full-time librarian <actively engaged in the instruction
405-13 and supervision of students in public schools> is entitled to at
405-14 least a 30-minute lunch period free from all duties and
405-15 responsibilities connected with the instruction and supervision of
405-16 students. Each school district may set flexible or rotating
405-17 schedules for each classroom teacher or full-time librarian in the
405-18 district for the implementation of the duty-free lunch period.
405-19 (b) The implementation of this section may not result in a
405-20 lengthened school day.
405-21 (c) If necessary because of a personnel shortage, extreme
405-22 economic conditions, or an unavoidable or unforeseen circumstance,
405-23 a school district may require a classroom teacher or librarian
405-24 entitled to a duty-free lunch to supervise students during lunch.
405-25 A classroom teacher or librarian may not be required to supervise
405-26 students under this subsection more than one day in any school
405-27 week. The commissioner <State Board of Education> by rule shall
406-1 prescribe guidelines for determining what constitutes a personnel
406-2 shortage, extreme economic conditions, or an unavoidable or
406-3 unforeseen circumstance for purposes of this subsection.
406-4 Sec. 21.407 <13.912>. Prohibited Penalties Based on Absence
406-5 for Religious Observance. (a) A school district may not deny a
406-6 teacher a salary bonus or similar compensation given in whole or in
406-7 part on the basis of teacher attendance <or a career ladder
406-8 advancement> because of the teacher's absence from school for
406-9 observance of a religious holy day.
406-10 (b) In this section, "religious holy day" means a holy day
406-11 observed by a religion whose places of worship are exempt from
406-12 property taxation under Section 11.20, Tax Code.
406-13 <(c) With the advice and assistance of the state
406-14 commissioner of education, the State Board of Education may adopt
406-15 rules consistent with this section that are necessary to administer
406-16 this section uniformly.>
406-17 Sec. 21.408 <21.904>. Requiring or Coercing Teachers to Join
406-18 Groups, Clubs, Committees, or Organizations: Political Affairs.
406-19 (a) A <No> school district<,> board of trustees or school district
406-20 employee may not <education, superintendent, assistant
406-21 superintendent, principal, or other administrator benefiting by the
406-22 funds provided for in this code shall> directly or indirectly
406-23 require or coerce any teacher to join any group, club, committee,
406-24 organization, or association.
406-25 (b) <It shall be the responsibility of the State Board of
406-26 Education to enforce the provisions of this section.>
406-27 <(c)> The commissioner shall <It shall be the responsibility
407-1 of the State Board of Education to> notify every superintendent <of
407-2 schools> in every school district of the state of the provisions of
407-3 this section.
407-4 (c) A <(d) No> school district<,> board of trustees or
407-5 school district employee may not <education, superintendent,
407-6 assistant superintendent, principal, or other administrator shall>
407-7 directly or indirectly coerce any teacher to refrain from
407-8 participating in political affairs in the teacher's <his>
407-9 community, state or nation.
407-10 Sec. 21.409 <13.217>. Right to Join or Not to Join
407-11 Professional Association. This chapter does not <Nothing in this
407-12 subchapter shall> abridge the right of an educator <any certified
407-13 teacher> to join any professional association or organization<,> or
407-14 <to> refuse to join any professional association or organization.
407-15 Sec. 21.410 <13.905>. Leave of Absence for Temporary
407-16 Disability. (a) Each <certified,> full-time educator employed by
407-17 <employee of> a school district shall <be expected to> be given a
407-18 leave of absence for temporary disability at any time the
407-19 employee's condition interferes with the performance of regular
407-20 duties. The contract or <and/or> employment of the employee may
407-21 not <cannot> be terminated by the school district while on a leave
407-22 of absence for temporary disability. Temporary disability in this
407-23 section <Act> includes the condition of pregnancy.
407-24 (b) Requests for a leave of absence for temporary disability
407-25 must <shall> be made to the superintendent of the school district.
407-26 The request must <shall> be accompanied by a physician's statement
407-27 confirming inability to work and must <shall> state the date
408-1 requested by the employee for the leave to begin and the probable
408-2 date of return as certified by the physician.
408-3 (c) The governing board of a school district may adopt a
408-4 policy providing for placing an employee on leave of absence for
408-5 temporary disability if, in the board's <their> judgment and in
408-6 consultation with a physician who has performed a thorough medical
408-7 examination of the employee, the employee's condition interferes
408-8 with the performance of regular duties. A <Such a> policy adopted
408-9 under this subsection must <shall> reserve to the employee the
408-10 right to present to the governing board of a school district
408-11 testimony or <and/or> other information relevant to the employee's
408-12 fitness to continue the performance of regular duties.
408-13 (d) The employee must <shall> notify the superintendent of
408-14 the desire to return to active duty at least 30 <thirty (30)> days
408-15 before <prior to> the expected date of return. The notice must
408-16 <shall> be accompanied by a physician's statement indicating the
408-17 employee's physical fitness for the resumption of regular duties.
408-18 (e) An employee returning to active duty after a leave of
408-19 absence for temporary disability is <shall be> entitled to an
408-20 assignment at the school where the employee formerly taught,
408-21 subject to the availability of an appropriate teaching position.
408-22 In any event, the employee shall be placed on active duty no later
408-23 than the beginning of the next term.
408-24 (f) The length of a leave of absence for temporary
408-25 disability shall be granted by the superintendent as required by
408-26 the individual employee. The governing board of a school district
408-27 may establish a maximum length for a leave of absence for temporary
409-1 disability, but the <in no event shall that> maximum length may not
409-2 be <be set at> less than 180 days.
409-3 <Sec. 13.906. STUDENT TEACHERS. (a) A person assigned to
409-4 perform student teaching in a student teacher center is entitled to
409-5 the same protection of law accorded to the supervising teacher and
409-6 the principal of the school in which the student teacher serves or
409-7 acts in the course of employment. This protection includes the
409-8 limitation of liability accorded to all professional employees as
409-9 specified in Section 21.912 of this code. While serving as a
409-10 student teacher, a person shall comply with the rules of the school
409-11 and of the board of trustees of the district serving as the student
409-12 teacher center.>
409-13 <(b) The institution of higher education in which the
409-14 student teacher is enrolled, the supervising teacher, and the
409-15 principal of the school in which the student teacher serves shall
409-16 cooperatively assign to the student teacher responsibilities and
409-17 duties that will provide adequate preparation for teaching. Those
409-18 duties and responsibilities may include any duty or responsibility
409-19 granted by the district to certified teachers generally or any
409-20 school program duty or responsibility granted to the supervising
409-21 teacher, but may not include administering corporal punishment.
409-22 While performing those duties and responsibilities under the
409-23 supervision of the supervising teacher and the principal, the
409-24 student teacher is entitled to exercise any authority relating to
409-25 student management that is granted to certified teachers generally,
409-26 including the handling of confidential records. Supervision of a
409-27 student teacher for purposes of this subsection does not require
410-1 that the student teacher perform entirely in the presence of the
410-2 supervising teacher or principal.>
410-3 <(c) The institution of higher education, the supervising
410-4 teacher, and the principal shall exercise due care to avoid placing
410-5 the student teacher in a situation that any of them knows the
410-6 student teacher is not capable of handling successfully.>
410-7 <(d) Except as otherwise provided by this section, a student
410-8 teacher may not be required to serve as a substitute teacher. A
410-9 student teacher is not considered to be serving as a substitute if
410-10 the student teacher assumes responsibility for the class while the
410-11 supervising teacher is out of the classroom for part of the day but
410-12 is in the building or is engaged in an approved activity relating
410-13 to student teaching, including conferring with a university
410-14 supervisor or attending a professional development seminar to
410-15 improve supervisory skills related to student teaching. A student
410-16 teacher is considered to be serving as a substitute if:>
410-17 <(1) the supervising teacher is absent from school, no
410-18 other teacher is provided as a substitute, and the student teacher
410-19 is fully responsible for one or more classes; or>
410-20 <(2) the student teacher is taken from the class of
410-21 the assigned supervising teacher and placed in another classroom in
410-22 place of the regular teacher under conditions in which the regular
410-23 teacher is either absent from school or performing duties requiring
410-24 absence from the regularly assigned teaching station.>
410-25 <(e) If a supervising teacher cannot perform regularly
410-26 assigned duties as a result of illness of the teacher or a member
410-27 of the teacher's family, a death in the teacher's family, or other
411-1 cause for which the district excuses teachers from duties, the
411-2 student teacher may serve as a substitute for the supervising
411-3 teacher, or at the discretion of the department chairman or lead
411-4 teacher, for not more than one day if:>
411-5 <(1) a substitute teacher is not immediately
411-6 available;>
411-7 <(2) the student teacher has been in that student
411-8 teaching assignment for a minimum of 15 school days;>
411-9 <(3) the supervising teacher, the principal of the
411-10 school, and the university supervisor agree that the student
411-11 teacher is capable of handling successfully the teaching
411-12 responsibilities;>
411-13 <(4) a certified classroom teacher in an adjacent room
411-14 or a member of the same teaching team as the student teacher is
411-15 aware of the absence of the supervising teacher and agrees to
411-16 assist the student teacher if needed; and>
411-17 <(5) the principal of the school or the principal's
411-18 representative is readily available in the building.>
411-19 <(f) A student teacher may not be paid for any service
411-20 rendered while serving as a substitute teacher.>
411-21 (Sections 21.411-21.450 reserved for expansion
411-22 SUBCHAPTER M. STAFF DEVELOPMENT
411-23 Sec. 21.453 <13.353>. Management Skills and Practices. (a)
411-24 Each school district shall offer staff development <in-service>
411-25 training in management skills for district administrators,
411-26 including principals and superintendents. The program may be one
411-27 adopted by the State Board for Educator Certification <of
412-1 Education> or one approved by the board of trustees and shall
412-2 include management training in site-based decision making
412-3 established under Section 12.202 <21.931>.
412-4 (b) Each principal and superintendent shall attend staff
412-5 development <the in-service> training and continuing education in
412-6 management as required by rule of the State Board for Educator
412-7 Certification <of Education>.
412-8 (c) The training and education required by this section must
412-9 emphasize the methodology for general management, including the
412-10 administrator's ability to reduce paperwork; instructional
412-11 leadership; and teacher evaluation.
412-12 (d) <The State Board of Education by rule shall provide for
412-13 substituting management training or experience for part of the
412-14 qualifications for certification as a principal or superintendent.>
412-15 <(e)> From funds appropriated for that purpose, the State
412-16 Board for Educator Certification <Central Education Agency> may
412-17 allocate an amount each year for the identification, adaptation,
412-18 development, and evaluation of professional development programs
412-19 and materials; training of trainers; and technical assistance in
412-20 the development of general management and leadership development
412-21 skills, including skills necessary to implement Sections 12.201,
412-22 12.202, and 12.203 <21.7532, 21.930, and 21.931 of this code>. The
412-23 board <State Board of Education> may designate special projects and
412-24 development activities to be carried out with such funds.
412-25 <Sec. 13.3531. ><Principal Development Grants and
412-26 Scholarships><. (a) The Central Education Agency may establish a
412-27 program to provide:>
413-1 <(1) grants to institutions and organizations that
413-2 provide exemplary administrative training and education for
413-3 principals; and>
413-4 <(2) scholarships to principals to attend training
413-5 programs approved by the agency.>
413-6 <(b) To be approved by the agency for a grant under this
413-7 section or for the purpose of attendance of principals under a
413-8 scholarship awarded under this section, a training program must:>
413-9 <(1) be designed as a short-term, intensive program to
413-10 develop instructional leadership skills and the ability of a
413-11 principal to implement those skills at the principal's school;>
413-12 <(2) receive funding from the business community; and>
413-13 <(3) systematically evaluate the effectiveness of its
413-14 training.>
413-15 <(c) The value of a scholarship awarded under this section
413-16 may not exceed $600 for one year and may be awarded only to a
413-17 principal in a district with limited resources, as defined by the
413-18 agency.>
413-19 <(d) Grants and scholarships may be awarded under this
413-20 section from funds appropriated for that purpose and from grants
413-21 for the promotion of administrative training for school
413-22 administrators.>
413-23 Sec. 21.454 <21.910>. DEVELOPMENTAL LEAVES OF ABSENCE.
413-24 (a) <In this section, "teacher" means an employee of a school
413-25 district who is employed in a position requiring a permanent
413-26 teaching certificate under the laws of this State.>
413-27 <(b)> The governing board of a school district may grant a
414-1 developmental leave of absence for study, research, travel, or
414-2 other suitable purpose to an employee <a teacher> who:
414-3 (1) is employed in a position requiring a permanent
414-4 teaching certificate; and
414-5 (2) has served in the same school district at least
414-6 five consecutive school years.
414-7 (b) <(c)> The governing board may grant <a teacher> a
414-8 developmental leave of absence for one school year at one-half <of
414-9 his regular> salary or for one-half of a school year at <his> full
414-10 <regular> salary paid<. Payment> to the employee <teacher shall be
414-11 made periodically by the school district> in the same manner, on
414-12 the same schedule, and with the same deductions as if the employee
414-13 <teacher> were on full time duty.
414-14 <(d) The State Board of Education by regulation shall
414-15 establish a procedure whereby applications for developmental leave
414-16 are received and evaluated by the governing board of a school
414-17 district and shall determine an equitable ratio of classroom
414-18 teachers to other certified personnel who may be granted leave over
414-19 a period of time.>
414-20 (c) An employee <(e) A teacher> on developmental leave
414-21 continues <shall continue> to be a member of the Teacher Retirement
414-22 System of Texas and is entitled to participate <shall be a teacher
414-23 of the school district for purposes of participating> in programs,
414-24 hold <holding> memberships, and receive <receiving> benefits
414-25 afforded by <his> employment in the school district.
414-26 (Sections 21.455-21.900 reserved for expansion
414-27 SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
415-1 Sec. 21.901 <13.901>. Employment Consultation With Teachers.
415-2 The board of trustees of each independent school district, rural
415-3 high school district, or <and> common school district<,> and
415-4 district <their> administrative personnel<,> may consult with
415-5 teachers with respect to matters of educational policy and
415-6 conditions of employment. A board<; and such boards> of trustees
415-7 may adopt <and make> reasonable rules<, regulations> and make
415-8 agreements to provide for such consultation. This section does
415-9 <shall> not limit or affect the power of the <said> trustees to
415-10 <manage and> govern and oversee the management of the <said>
415-11 schools.
415-12 CHAPTER 22. SCHOOL DISTRICT EMPLOYEES
415-13 AND VOLUNTEERS
415-14 SUBCHAPTER A. RIGHTS, DUTIES,
415-15 AND BENEFITS
415-16 Sec. 22.001 <21.937>. Salary Deductions for Professional
415-17 Dues. (a) A school district employee is entitled to have an
415-18 amount deducted from the employee's salary for membership fees or
415-19 dues to a professional organization. The employee must:
415-20 (1) file with the district a signed written request
415-21 identifying the organization and specifying the number of pay
415-22 periods per year the deductions shall be made; and
415-23 (2) inform the district of the total amount of the
415-24 fees and dues for each year <or have the organization notify the
415-25 district of the amount>.
415-26 (b) The district shall deduct the total amount of the fees
415-27 or dues for a year in equal amounts per pay period for the number
416-1 of periods specified by the employee. The deductions shall be made
416-2 until the employee requests in writing that the deductions be
416-3 discontinued.
416-4 (c) The school district may charge an administrative fee for
416-5 making the deduction. A fee imposed for making a salary deduction
416-6 under this section may not exceed either the actual administrative
416-7 cost of making the deduction or the lowest fee the district charges
416-8 for similar salary deductions, whichever is less.
416-9 <(d) In this section, "school district employee" includes
416-10 superintendents, principals, teachers, supervisors, counselors,
416-11 aides, secretaries, and any other persons employed by a school
416-12 district.>
416-13 Sec. 22.002 <2.07>. Assignment, Transfer, or Pledge of
416-14 Compensation. (a) In this section, <The terms "teacher" and>
416-15 "school employee" means <used in this section include:>
416-16 <(1)> any person employed by a <any public> school
416-17 district<,> in an executive, administrative, or clerical
416-18 capacity<,> or as a superintendent, principal, teacher, or
416-19 instructor<; and>
416-20 <(2) any person employed by a university, college, or
416-21 other educational institution in an executive, administrative, or
416-22 clerical capacity, or as a professor, instructor, or in any similar
416-23 capacity>.
416-24 (b) Any <teacher's or> school employee's assignment, pledge,
416-25 or transfer, as security for indebtedness, of any interest in or
416-26 part of the employee's <his> salary or wages <as security for
416-27 indebtedness-or any interest or part of his salary or wages> then
417-1 due or that <which> may become due under an existing contract of
417-2 employment is <shall be> enforceable only <under the following
417-3 conditions>:
417-4 (1) if, before <Before> or at the time of execution,
417-5 delivery, or acceptance of an assignment, pledge, or transfer,
417-6 written approval is <must be> obtained in accordance with the
417-7 policy of the employing school district <from the employing
417-8 authority or officer, and if the teacher or school employee
417-9 executing the instrument is employed by:>
417-10 <(A) a common school district, approval of his
417-11 assignment, pledge, or transfer must be obtained from either the
417-12 secretary or chairman of the district board of trustees and also
417-13 from the county superintendent of the county in which the district
417-14 is located;>
417-15 <(B) an independent school district, approval of
417-16 his assignment, pledge, or transfer must be obtained either from
417-17 the president or secretary of the board of trustees or from the
417-18 superintendent or business manager of the independent school
417-19 district; and>
417-20 <(C) a college, university, or any other
417-21 educational institution, approval of his assignment, pledge, or
417-22 transfer must be obtained from the salary disbursement officer of
417-23 the college, university, or other educational institution>; and
417-24 (2) <Any assignment, pledge, or transfer must be in
417-25 writing and acknowledged as required for the acknowledgment of
417-26 deeds or other recorded instruments, and if executed by a married
417-27 person, it must also be executed and acknowledged in a like manner
418-1 by his or her spouse; however, the employer approving an
418-2 assignment, pledge, or transfer need not acknowledge it; and>
418-3 <(3) An assignment, pledge, or transfer shall be
418-4 enforceable only> to the extent that the indebtedness it secures is
418-5 a valid and enforceable obligation.
418-6 (c) A <Any> school district<, college, university, or other
418-7 educational institution, or county superintendent--or disbursing
418-8 agent--> shall honor an assignment, pledge, or transfer fulfilling
418-9 the conditions of Subsection (b) <of this section> without
418-10 incurring any liability to the <teacher or> school employee
418-11 executing the assignment, pledge, or transfer. Payment to any
418-12 assignee, pledgee, or transferee in accordance with the terms of
418-13 the instrument constitutes <shall constitute> payment to or for the
418-14 account of the assignor, pledgor, or transferor. An <However, an>
418-15 assignment, pledge, or transfer is <shall be> enforceable only to
418-16 the extent of salary due or that <which> may become due during
418-17 continuation of the assignor's employment as a <teacher or> school
418-18 employee.
418-19 (d) Venue for any suit against the employer of a <teacher
418-20 or> school employee to enforce an assignment, pledge, or transfer
418-21 of salary is <shall be> in the county where the employing school
418-22 <or educational institution> is located.
418-23 Sec. 22.003 <13.904>. Minimum Sick Leave Program. (a) A
418-24 state minimum sick leave program consisting of five days per year
418-25 sick leave with no limit on accumulation and transferable among
418-26 districts shall be provided for school district employees <every
418-27 person regularly employed in the public free schools of Texas>.
419-1 School <Local school> districts may provide additional sick leave
419-2 beyond this minimum. Each employee may use up to two sick days per
419-3 school year for personal business if the school district does not
419-4 provide two or more days of personal leave per school year.
419-5 (b) <(c)> Each district's <local> board of trustees
419-6 <education> shall establish a sick leave plan, and shall administer
419-7 the program to assure compliance with the intent of the law that
419-8 leave, other than leave approved as a personal business day, may
419-9 <shall> be approved only on the basis of:
419-10 (1) an illness of the employee;
419-11 (2) an illness of a member of the employee's immediate
419-12 family;
419-13 (3) a family emergency; or
419-14 (4) a death in the employee's immediate family.
419-15 (c) <(f)> In addition to all other days of leave provided by
419-16 this section or by the school district, an employee of a school
419-17 district who is physically assaulted during the performance of the
419-18 employee's <his> regular duties is entitled to the number of days
419-19 of leave necessary to recuperate from all physical injuries
419-20 sustained as a result of the assault. At the request of an
419-21 employee, the school district must immediately assign an employee
419-22 to assault leave and, on investigation of the claim, may change the
419-23 assault leave status and charge the leave against the employee's
419-24 accrued sick leave or against an employee's pay if insufficient
419-25 accrued sick leave is available. Days of leave taken under this
419-26 subsection may not be deducted from accrued sick leave. The period
419-27 provided in this subsection may <shall> not extend more than two
420-1 years beyond the date of the assault. Notwithstanding any other
420-2 <provision of> law, assault leave policy benefits due to an
420-3 employee will be coordinated with temporary income benefits due
420-4 from workers' compensation so <in order> that the employee's total
420-5 compensation from temporary income benefits and assault leave
420-6 policy benefits will equal 100 percent of the employee's weekly
420-7 rate of pay.
420-8 Sec. 22.004 <13.913>. Group Health Benefits for School
420-9 Employees. (a) Each district shall make available to its
420-10 employees group health coverage provided by a risk pool established
420-11 by one or more school districts under Chapter 172, Local Government
420-12 Code, or under a policy of insurance or group contract issued by an
420-13 insurer, a company subject to Chapter 20, Insurance Code, or a
420-14 health maintenance organization under the Texas Health Maintenance
420-15 Organization Act (Chapter 20A, Vernon's Texas Insurance Code). The
420-16 coverage must meet the substantive coverage requirements of Article
420-17 3.51-6, Insurance Code, and any other law applicable to group
420-18 health insurance policies or contracts issued in this state. The
420-19 coverage must include major medical treatment but may exclude
420-20 experimental procedures. In this subsection, "major medical
420-21 treatment" means a medical, surgical, or diagnostic procedure or
420-22 intervention that has a significant recovery period, presents a
420-23 significant risk, employs a general anesthetic, or, in the opinion
420-24 of the primary physician, involves a significant invasion of bodily
420-25 integrity that requires the extraction of bodily fluids or an
420-26 incision or that produces substantial pain, discomfort, or
420-27 debilitation. The coverage may include managed care or preventive
421-1 care and must be comparable to the basic health coverage provided
421-2 under the Texas Employees Uniform Group Insurance Benefits Act
421-3 (Article 3.50-2, Vernon's Texas Insurance Code). The cost of the
421-4 coverage may be shared by the employees and the district. Each
421-5 district shall certify the district's compliance with this
421-6 subsection to the executive director of the Teacher Retirement
421-7 System of Texas in the manner required by the board of trustees of
421-8 the Teacher Retirement System of Texas. The certification must
421-9 include a copy of the district's current contract for group health
421-10 coverage.
421-11 (b) A school district may not contract with an insurer, a
421-12 company subject to Chapter 20, Insurance Code, or a health
421-13 maintenance organization to issue a policy or contract under this
421-14 section, or with any person to assist the school district in
421-15 obtaining or managing the policy or contract unless, before the
421-16 contract is entered into, the insurer, company, organization, or
421-17 person provides the district with an audited financial statement
421-18 showing the financial condition of the insurer, company,
421-19 organization, or person.
421-20 (c) An insurer, a company subject to Chapter 20, Insurance
421-21 Code, or a health maintenance organization that issues a policy or
421-22 contract under this section and any person that assists the school
421-23 district in obtaining or managing the policy or contract for
421-24 compensation shall provide an annual audited financial statement to
421-25 the school district showing the financial condition of the insurer,
421-26 company, organization, or person.
421-27 (d) An audited financial statement provided under this
422-1 section must be made in accordance with rules adopted by the
422-2 commissioner of insurance <State Board of Insurance> or state
422-3 auditor, as applicable.
422-4 Sec. 22.005 <21.922>. Health Care Plan and Fund. (a) The
422-5 board of trustees of a school district may establish a health care
422-6 plan for employees of the district and dependents of employees.
422-7 (b) In implementing the health care plan, the board shall
422-8 establish a fund to pay, as authorized under the plan, all or part
422-9 of the actual costs for hospital, surgical, medical, dental, or
422-10 related health care incurred by employees of the district or any
422-11 dependent whose participation in the program is being supported by
422-12 deductions from the salary of an employee. Under the plan, the
422-13 fund also may be used to pay the costs of administering the fund.
422-14 The fund consists of money contributed by the school district and
422-15 money deducted from salaries of employees for dependent or <and/or>
422-16 employee coverage. Money for the fund may not be deducted from the
422-17 salary of a school district employee unless the employee authorizes
422-18 the deduction in writing. The plan shall attempt to protect the
422-19 school district against unanticipated catastrophic individual loss,
422-20 or unexpectedly large aggregate loss, by securing individual
422-21 stop-loss coverage, or aggregate stop-loss coverage, or both, from
422-22 a commercial insurer.
422-23 (c) The board may amend or cancel the district's health care
422-24 plan at any regular or special meeting of the board. If the plan
422-25 is canceled, any valid claim against the fund for payment of health
422-26 care costs resulting from illness or injury occurring during the
422-27 time the plan was in effect shall be paid out of the fund. If the
423-1 fund is insufficient to pay the claim, the costs shall be paid out
423-2 of other available school district funds.
423-3 (Sections 22.006-22.050 reserved for expansion
423-4 SUBCHAPTER B. CIVIL IMMUNITY
423-5 Sec. 22.051 <21.912>. IMMUNITY FROM <DUTIES OF PROFESSIONAL
423-6 EMPLOYEES;> LIABILITY FOR PROFESSIONAL EMPLOYEES. (a) A <The
423-7 board of trustees of each school district within this state shall
423-8 adopt policies specifying the duties of each of its professional
423-9 positions of employment. The board of trustees shall assign
423-10 positions of employment earned under the minimum foundation program
423-11 to meet the specific needs of the district.>
423-12 <(b) No> professional employee of a <any> school district is
423-13 not <within this state shall be> personally liable for any act that
423-14 is incident to or within the scope of the duties of the employee's
423-15 <his> position of employment<,> and that <which act> involves the
423-16 exercise of judgment or discretion on the part of the employee,
423-17 except in circumstances in which a <where> professional employee
423-18 uses <employees use> excessive force in the discipline of students
423-19 or negligence resulting in bodily injury to students.
423-20 (b) <(c)> This section does not apply <is not applicable> to
423-21 the operation, use, or maintenance of any motor vehicle.
423-22 (c) <(d)> In <"Professional employee," as used in> this
423-23 section, "professional employee" includes:
423-24 (1) a superintendent, principal, teacher, supervisor,
423-25 or counselor;
423-26 (2) a student in an education preparation program
423-27 participating in a field experience or internship;
424-1 <superintendents, principals, classroom teachers, supervisors,
424-2 counselors,>
424-3 (3) a school bus driver certified in accordance with
424-4 standards and qualifications adopted by the Department of Public
424-5 Safety; and
424-6 (4) any other person whose employment requires
424-7 certification and the <an> exercise of discretion.
424-8 Sec. 22.052 <21.905>. ADMINISTRATION <ADMINISTERING> OF
424-9 MEDICATION BY SCHOOL DISTRICT EMPLOYEES OR VOLUNTEER PROFESSIONALS;
424-10 IMMUNITY FROM LIABILITY. (a) <As used in this section,
424-11 "employees" means superintendents, principals, classroom teachers,
424-12 supervisors, counselors, registered nurses, teachers aides,
424-13 secretaries, or any other classified person employed by a school
424-14 district.>
424-15 <(b) The board of trustees of each school district shall
424-16 adopt policies concerning the administering of medication to
424-17 students by employees of the district.>
424-18 <(c)> On the adoption of policies concerning the
424-19 administration of medication to students by school district
424-20 employees <as provided in Subsection (b) of this section>, the
424-21 school district, its board of trustees, and its employees are
424-22 immune <shall have immunity> from civil liability from damages or
424-23 injuries resulting from the administration <administering> of
424-24 medication to a student if:
424-25 (1) the school district has received a written request
424-26 to administer the medication from the parent, legal guardian, or
424-27 other person having legal control of the student; and
425-1 (2) when administering prescription medication, the
425-2 medication appears to be in the original container and to be
425-3 properly labeled.
425-4 (b) The <(d) Nothing herein shall be construed to grant
425-5 immunity from civil liability for injuries resulting from gross
425-6 negligence.>
425-7 <Sec. 21.9141. ADMINISTRATION OF MEDICATION BY VOLUNTEER
425-8 PROFESSIONALS. If a school district provides liability insurance
425-9 for a licensed physician or registered nurse who provides volunteer
425-10 services to the district, the> board of trustees <of the district>
425-11 may allow a licensed <the> physician or registered nurse who
425-12 provides volunteer services to the school district and for whom the
425-13 district provides liability insurance to administer to a <any>
425-14 student:
425-15 (1) nonprescription medication; or
425-16 (2) medication currently prescribed for the student by
425-17 the student's personal physician.
425-18 (c) This section may not be construed as granting immunity
425-19 from civil liability for injuries resulting from gross negligence.
425-20 Sec. 22.053 <21.935>. School District Volunteers. (a) A
425-21 volunteer who is serving as a direct service volunteer of a public
425-22 school district is immune from civil liability to the same extent
425-23 as a school district employee under Section 22.051 <21.912 of this
425-24 code>.
425-25 (b) In this section, "volunteer" <"Volunteer"> means a
425-26 person providing <rendering> services for or on behalf of a public
425-27 school district on the premises of the district who does not
426-1 receive compensation in excess of reimbursement for expenses.
426-2 (c) This section does not limit the liability of a person
426-3 for intentional misconduct or gross negligence.
426-4 Sec. 22.054. FRIVOLOUS SUIT AGAINST EMPLOYEE. A court may
426-5 award costs and reasonable attorney's fees to a school district
426-6 employee acting under color of employment to the same extent that
426-7 the court may award costs and attorney's fees to a school district
426-8 or school district officer under Section 12.112.
426-9 (Sections 22.055-22.080 reserved for expansion
426-10 SUBCHAPTER C. CRIMINAL HISTORY RECORDS
426-11 Sec. 22.081. CRIMINAL HISTORY RECORD INFORMATION. (a) The
426-12 State Board for Educator Certification shall obtain from any law
426-13 enforcement or criminal justice agency all criminal history record
426-14 information that relates to an applicant for or holder of a
426-15 certificate issued under Subchapter B, Chapter 21.
426-16 (b) A school district, charter school, private school,
426-17 regional education service center, or cooperative may obtain from
426-18 any law enforcement or criminal justice agency all criminal history
426-19 record information that relates to a person whom the district,
426-20 school, service center, or cooperative intends to employ in any
426-21 capacity.
426-22 (c) A school district, charter school, private school,
426-23 regional education service center, or cooperative may obtain from
426-24 any law enforcement or criminal justice agency all criminal history
426-25 record information that relates to:
426-26 (1) a volunteer or employee of the district, school,
426-27 service center, or cooperative; or
427-1 (2) an employee of or applicant for employment by a
427-2 person that contracts with the district, school, service center, or
427-3 cooperative to provide services, if the employee or applicant:
427-4 (A) has or will have continuing duties related
427-5 to the contracted services; and
427-6 (B) the duties are or will be performed on
427-7 school property or at another location where students are regularly
427-8 present.
427-9 (d) The superintendent of a district or the director of a
427-10 charter school, private school, regional education service center,
427-11 or cooperative shall promptly notify the State Board for Educator
427-12 Certification in writing if the person obtains or has knowledge of
427-13 information showing that an applicant for or holder of a
427-14 certificate issued under Subchapter B, Chapter 21, has a reported
427-15 criminal history.
427-16 (e) A school district, charter school, private school,
427-17 regional education service center, or cooperative that contracts
427-18 with a person for transportation services may obtain from any law
427-19 enforcement or criminal justice agency all criminal history record
427-20 information that relates to:
427-21 (1) a person employed by the person as a bus driver;
427-22 or
427-23 (2) a person the person intends to employ as a bus
427-24 driver.
427-25 (f) A person that contracts with a school district, charter
427-26 school, private school, regional education service center, or
427-27 cooperative to provide transportation services shall submit to the
428-1 district, school, service center, or cooperative the name and other
428-2 identification data required to obtain criminal history record
428-3 information of each person described by Subsection (e). If the
428-4 district, school, service center, or cooperative obtains
428-5 information that a person described by Subsection (e) has been
428-6 convicted of a felony or a misdemeanor involving moral turpitude,
428-7 the district, school, service center, or cooperative shall inform
428-8 the chief personnel officer of the person with whom the district,
428-9 school, service center, or cooperative has contracted, and the
428-10 person may not employ that person to drive a bus on which students
428-11 are transported without the permission of the board of trustees of
428-12 the district or service center or the chief executive officer of
428-13 the school or cooperative.
428-14 (g) A school district, charter school, private school,
428-15 regional education service center, or cooperative may discharge an
428-16 employee if the district, school, service center, or cooperative
428-17 obtains information of the employee's conviction of a felony or of
428-18 a misdemeanor involving moral turpitude that the employee did not
428-19 disclose to the State Board for Educator Certification or the
428-20 district, school, service center, or cooperative. An employee
428-21 discharged under this section is considered to have been discharged
428-22 for misconduct for purposes of Section 207.044, Labor Code.
428-23 (h) The State Board for Educator Certification, a school
428-24 district, charter school, private school, regional education
428-25 service center, or cooperative or an employee of the board or of a
428-26 school district, school, service center, or cooperative is not
428-27 civilly or criminally liable for making a report required under
429-1 this section.
429-2 (i) <Sec. 5.001. DEFINITION.> In this section <chapter>,
429-3 "private school" means a school that:
429-4 (1) offers a course of instruction for students in one
429-5 or more grades from prekindergarten through grade 12; and
429-6 (2) is not operated by a governmental entity.
429-7 <Sec. 5.002. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION
429-8 ON EMPLOYEES AND APPLICANTS FOR EMPLOYMENT. (a) A private school
429-9 is entitled to obtain criminal history record information on:>
429-10 <(1) an employee of the private school; or>
429-11 <(2) an applicant for employment with the private
429-12 school who is a final candidate for a position to be filled.>
429-13 <(b) A private school may obtain information under this
429-14 section from the Department of Public Safety, the Texas Department
429-15 of Criminal Justice, the Federal Bureau of Investigation
429-16 identification division, or any other law enforcement agency. A
429-17 law enforcement agency that receives a request for information
429-18 under this section shall comply with the request as promptly as
429-19 possible. A law enforcement agency may charge the private school
429-20 the same amount authorized by law to be charged a public school
429-21 district that requests that information.>
429-22 <(c) A private school shall notify the commissioner of
429-23 education of an employee's or applicant's conviction of any felony
429-24 or of a misdemeanor involving a child disclosed in information
429-25 received under this section if the employee or applicant holds a
429-26 teaching certificate issued under Subchapter B, Chapter 13, of this
429-27 code.>
430-1 <(d) Criminal history record information obtained under this
430-2 section is privileged information and is for the use of the private
430-3 school and the Central Education Agency only. A person commits an
430-4 offense if the person releases or discloses the information to any
430-5 person other than the subject of the report or the Central
430-6 Education Agency. An offense under this subsection is a Class A
430-7 misdemeanor.>
430-8 <Sec. 21.917. ACCESS TO POLICE RECORDS OF EMPLOYMENT
430-9 APPLICANTS. (a) A school district shall obtain criminal history
430-10 record information that relates to an applicant to whom an offer of
430-11 employment is being considered by the district. A district is not
430-12 required to obtain information under this section, but may do so,
430-13 if the applicant was initially certified by the State Board of
430-14 Education in the year preceding the date of the application.>
430-15 <(d) A school district may discharge an employee if the
430-16 district obtains information of the employee's conviction for a
430-17 felony, or an offense involving moral turpitude, that the employee
430-18 did not disclose to the district.>
430-19 <(e) A school district shall notify the commissioner of
430-20 education of a certified applicant's conviction of any felony or of
430-21 a misdemeanor involving illegal conduct with a child disclosed in
430-22 information obtained under this section. The commissioner shall
430-23 review each report received under this section and, if appropriate,
430-24 shall take the required action to cancel or suspend the certificate
430-25 of the employee who is the subject of the report.>
430-26 <(g) A school district or an employee of the school district
430-27 is not civilly or criminally liable for making a report required
431-1 under this section.>
431-2 <(h)(1) A school district shall also obtain criminal history
431-3 record information that relates to an employee of or an applicant
431-4 to whom an offer of employment is being considered by a public or
431-5 commercial transportation company if the company contracts with a
431-6 school district to provide transportation services and the employee
431-7 or applicant is retained to or is applying for a position to drive
431-8 a bus in which students of that district are transported, provided
431-9 that:>
431-10 <(A) in the case of criminal history record
431-11 information for such employees or applicants of a commercial
431-12 transportation company, the company shall submit the names of such
431-13 employees and applicants to the district together with the other
431-14 identification data required to obtain criminal history
431-15 information; if the school district obtains information that an
431-16 employee or applicant has been convicted of a felony or an offense
431-17 involving moral turpitude, the district shall inform the company's
431-18 chief personnel officer of the person's name, and the company may
431-19 not employ the person to drive a bus in which the students are
431-20 transported; and>
431-21 <(B) in the case of criminal history record
431-22 information for such employees or applicants of a public
431-23 transportation company, the company shall make the names of such
431-24 employees and applicants available to the district together with
431-25 the other identification data required to obtain criminal history
431-26 information; if the company obtains information that an employee or
431-27 applicant has been convicted of a felony or an offense involving
432-1 moral turpitude, the company may not employ the person to drive a
432-2 bus in which the students are transported.>
432-3 <(2) The company and its employees shall hold the
432-4 information in confidence for the limited purpose for which it was
432-5 provided.>
432-6 (Sections 22.082-22.900 reserved for expansion
432-7 SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
432-8 Sec. 22.901 <4.08>. Unlawful Inquiry Into Religious
432-9 Affiliation. (a) A <No> person <or organization> employed or
432-10 maintained to obtain or aid in obtaining positions for public
432-11 school employees may not <shall> directly or indirectly ask about,
432-12 <or communicate> orally or in writing, the religion or religious
432-13 affiliation of anyone applying for employment in the public schools
432-14 of this state<, except to inquire whether or not he believes in the
432-15 existence of a Supreme Being>.
432-16 (b) A person who violates Subsection <Violation of Section>
432-17 (a) is <above shall> subject to <the violator for each offense to:>
432-18 <(1)> a civil penalty of not less than $100 nor more
432-19 than $500. The<, recoverable by the> aggrieved applicant or the
432-20 applicant's <his> assignee may bring suit for imposition of the
432-21 civil penalty <in any court of competent jurisdiction located> in
432-22 the county of plaintiff's or defendant's residence.
432-23 (c) A person who violates Subsection (a) commits an offense.
432-24 An offense under this subsection is a misdemeanor punishable by<;
432-25 and>
432-26 <(2) a criminal punishment, of misdemeanor status,
432-27 consisting of> a fine of not less than $100 nor more than $500,
433-1 confinement in <or a> jail for <term of> not less than 30 days nor
433-2 more than 90 days, or both the fine and confinement.
433-3 <Sec. 4.07. ><Unlawful Inquiry Into Religious Affiliation of
433-4 Applicants for Positions><. (a) No board of education, trustee of a
433-5 school district, superintendent, principal, or teacher of a public
433-6 school, or other official or employee of a board of education shall
433-7 directly or indirectly ask, indicate, or transmit orally or in
433-8 writing the religion or religious affiliation of any person seeking
433-9 employment or official position in the public schools of the State
433-10 of Texas, except to inquire of the applicant whether or not he or
433-11 she believes in the existence of a Supreme Being.>
433-12 <(b) No department, agency, or commission or any agent or
433-13 employee of the state shall have the right to inquire, request, or
433-14 in any manner directly or indirectly indicate, require, or request
433-15 the religious affiliation of any applicant for any position in the
433-16 public education system of this state.>
433-17 <(c) Any person who shall violate any provision of this
433-18 section, or who shall aid or incite the violation of any provision
433-19 of this section, shall for each and every violation thereof be
433-20 liable to a penalty of not less than $100 nor more than $500, to be
433-21 recovered by the person aggrieved thereby or by any resident of
433-22 this state, to whom such person shall assign his cause of action,
433-23 in any court of competent jurisdiction in the county in which the
433-24 plaintiff or the defendant shall reside; and such person shall also
433-25 for every such offense be deemed guilty of a misdemeanor and upon
433-26 conviction thereof shall be fined not less than $100 nor more than
433-27 $500 or shall be imprisoned not less than 30 days nor more than 90
434-1 days, or both.>
434-2 (Chapters 23-24 reserved for expansion
434-3 SUBTITLE G. STUDENTS
434-4 CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE
434-5 SUBCHAPTER A <B>. ADMISSION AND ENROLLMENT <ATTENDANCE>
434-6 Sec. 25.001 <21.031>. ADMISSION. (a) All children in this
434-7 state who are citizens of the United States or legally admitted
434-8 aliens and who are five years of age or older and under the age of
434-9 21 years on <the first day of> September 1 of any school
434-10 <scholastic> year are <shall be> entitled to the benefits of the
434-11 Available School Fund for that year. All other children enrolled
434-12 in a prekindergarten class under Section 29.153 <21.136 of this
434-13 code> are entitled to the benefits of the Available School Fund.
434-14 (b) <Every child in this state who is a citizen of the
434-15 United States or a legally admitted alien and who is over the age
434-16 of five years and not over the age of 21 years on the first day of
434-17 September of the year in which admission is sought shall be
434-18 permitted to attend the public free schools of the district in
434-19 which the child or his parent resides at the time he applies for
434-20 admission; the child and his guardian or other person having lawful
434-21 control of him under an order of a court reside at the time he
434-22 applies for admission; or the child has established a separate
434-23 residence under Subsection (d) of this section. A district may
434-24 require evidence that a child is eligible to attend the public free
434-25 schools of the district at the time the district considers an
434-26 application for admission of the child.>
434-27 <(c)> The board of trustees of any <public free> school
435-1 district or its designee <of this state> shall admit into the
435-2 public <free> schools of the district free of tuition all persons
435-3 who are either citizens of the United States or legally admitted
435-4 aliens and who are over five and under <not over> 21 years of age
435-5 on the first day of September of the year in which admission is
435-6 sought <at the beginning of the scholastic year> if:
435-7 (1) the <such> person and <or> either parent of the
435-8 person resides in <within> the school district;
435-9 (2) the <such> person and the person's <his> guardian
435-10 or other person having lawful control of the person <him> under an
435-11 order of a court reside in <within> the school district;
435-12 (3) the <such> person has established a separate
435-13 residence under Subsection (d) <of this section>;
435-14 (4) the <such> person is homeless, as defined by 42
435-15 U.S.C.A. Sec. 11302, regardless of the residence of the person, of
435-16 either parent of the person, or of the person's guardian or other
435-17 person having lawful control of him; <or>
435-18 (5) the person is a foreign exchange student placed
435-19 with a host family that resides in the school district by a
435-20 nationally recognized foreign exchange program, unless the school
435-21 district has applied for and been granted a waiver by the
435-22 commissioner <of education> due to the hardship this requirement
435-23 would impose on the district; or
435-24 (6) the person resides in the school district and is
435-25 18 years of age or older or the person's disabilities of minority
435-26 have been removed.
435-27 (c) The board of trustees of a school district or its
436-1 designee may require evidence that a person is eligible to attend
436-2 the public schools of the district at the time the board or its
436-3 designee considers an application for admission of the person.
436-4 (d) For <In order for> a person under the age of 18 years to
436-5 establish a residence for the purpose of attending the public
436-6 <free> schools separate and apart from the person's <his> parent,
436-7 guardian, or other person having lawful control of the person <him>
436-8 under an order of a court, it must be established that the person's
436-9 <his> presence in the school district is not for the primary
436-10 purpose of attending the public schools of the district
436-11 <participation in extracurricular activities>. The district <board
436-12 of trustees> shall determine <be responsible for determining>
436-13 whether an applicant for admission is a resident of the school
436-14 district for purposes of attending the public schools. The board
436-15 of trustees shall establish the minimum proof of residency
436-16 acceptable to the district<, and may adopt reasonable guidelines
436-17 for making a determination as necessary to protect the best
436-18 interest of students>.
436-19 (e) A child placed in foster care by an agency of the state
436-20 or a political subdivision shall be permitted to attend the public
436-21 <free> schools in the district in which the foster parents reside
436-22 free of any charge to the foster parents or the agency. A <No>
436-23 durational residence requirement may not be used to prohibit such a
436-24 child from fully participating in any activity sponsored by the
436-25 school district.
436-26 (f) A student enrolled in high school in grade 9, 10, 11, or
436-27 12 who is placed in temporary foster care by the Texas Department
437-1 of Human Services at a residence outside the residence district for
437-2 the school or outside the school district is entitled to complete
437-3 high school at the school in which the student was enrolled at the
437-4 time of placement without payment of tuition.
437-5 (g) In addition to the penalty provided by Section 37.10,
437-6 Penal Code, a person who knowingly falsifies information on a form
437-7 required for enrollment of a student in a school district is liable
437-8 to the district if the student is not eligible for enrollment in
437-9 the district but is enrolled on the basis of the false information.
437-10 The person is liable, for the period during which the ineligible
437-11 student is enrolled, for the greater of:
437-12 (1) the maximum tuition fee the district may charge
437-13 under Section 25.038 <21.063 of this code>; or
437-14 (2) the amount the district has budgeted for each
437-15 student as maintenance and operating expenses.
437-16 (h) A school district may include on an enrollment form
437-17 notice of the penalties provided by Section 37.10, Penal Code, and
437-18 of the liability provided by Subsection (g) <of this section> for
437-19 falsifying information on the form.
437-20 Sec. 25.002 <21.0313>. REQUIREMENTS <IDENTIFICATION
437-21 REQUIRED> FOR ENROLLMENT. (a) Not later than the 30th day after a
437-22 parent or a guardian or other person with legal control <custody>
437-23 of a child under a court order enrolls the child in a public
437-24 school, the parent or other person or the school district in which
437-25 the child most recently attended school shall furnish to the school
437-26 district:
437-27 (1) the child's birth certificate or another document
438-1 suitable as proof of the child's identity; and
438-2 (2) a copy of the child's records from the school the
438-3 child most recently attended if the child has been previously
438-4 enrolled in a school in this state or another state.
438-5 (b) If a child is enrolled under a name other than the
438-6 child's name as it appears in the identifying document or records,
438-7 the school district shall notify the missing children and missing
438-8 persons information clearinghouse of the child's name as shown on
438-9 the identifying document or records and the name under which the
438-10 child is enrolled. The information in the notice is confidential
438-11 and may be released only to a law enforcement agency.
438-12 (c) If the information required by Subsection (a) <of this
438-13 section> is not furnished to the district within the time provided
438-14 by that subsection, the district shall notify the police department
438-15 of the city or sheriff's department of the county in which the
438-16 district is located and request a determination of whether the
438-17 child has been reported as missing.
438-18 (d) <The State Board of Education may adopt rules necessary
438-19 to the implementation and enforcement of this section, including
438-20 rules providing for the types of documents that are suitable for
438-21 identification purposes under this section.>
438-22 <(e) When accepting a child for enrollment, the school
438-23 district shall inform the parent or other person enrolling the
438-24 child that presenting a false document or false records under this
438-25 section is an offense under Section 37.10, Penal Code, and that
438-26 enrollment of the child under false documents subjects the person
438-27 to liability for tuition or costs under Section 21.031(g) of this
439-1 code.>
439-2 <(f)> A person commits an offense if the person enrolls a
439-3 child in a public school and fails to furnish an identifying
439-4 document or record relating to the child on the request of a law
439-5 enforcement agency conducting an investigation in response to a
439-6 notification under Subsection (c) <of this section>. An offense
439-7 under this subsection is a Class B misdemeanor.
439-8 (e) Except as otherwise provided by this subsection, for a
439-9 child to be enrolled in a public school, the child must be enrolled
439-10 by the child's parent or by the child's guardian or other person
439-11 with legal control of the child under a court order. If a person
439-12 with legal authority to enroll the child in school cannot be
439-13 identified and located, the school district that receives the
439-14 child's application for enrollment shall notify the Texas
439-15 Department of Protective and Regulatory Services and shall admit
439-16 the child as provided by Section 25.001. The district shall direct
439-17 any communication that is required with a parent to the Texas
439-18 Department of Protective and Regulatory Services unless that
439-19 department specifies otherwise. In this subsection, "child" has
439-20 the meaning assigned by Section 11.01, Family Code.
439-21 Sec. 25.003 <21.0311>. Tuition for Certain Children From
439-22 Other States. (a) Notwithstanding any other provision of this
439-23 code, a child who resides at a child-caring institution and whose
439-24 maintenance expenses are paid in whole or in part by another state
439-25 may not be admitted to a public school unless the child-caring
439-26 institution pays tuition for the child equal to the actual cost of
439-27 educating a child enrolled in a similar educational program in the
440-1 district.
440-2 (b) The State Board of Education shall establish formulas
440-3 governing the calculation of tuition rates. All tuition charges
440-4 shall be submitted to the commissioner <of education> for approval.
440-5 (c) The attendance of the child is <shall> not <be> counted
440-6 for purposes of allocating state funds to the district.
440-7 Sec. 25.004 <21.0312>. Tuition for Certain Military
440-8 Dependents. A school district may charge tuition for the
440-9 attendance of a student who is not domiciled in this state <Texas>
440-10 and resides in military housing that is exempt from taxation by the
440-11 district. The tuition rate may not exceed an amount equal to the
440-12 district's average expenditure per student from local funds.
440-13 (Sections 25.005-25.030 reserved for expansion
440-14 SUBCHAPTER B <C>. ASSIGNMENTS AND TRANSFERS
440-15 <AND SCHOOL ASSIGNMENTS>
440-16 Sec. 25.031 <21.074>. ASSIGNMENTS AND TRANSFERS IN
440-17 DISCRETION OF GOVERNING BOARD. (a) In conformity with this
440-18 subchapter <the provisions of Sections 21.075-21.078 of this code>,
440-19 the board of trustees of any school district or any board of county
440-20 school trustees may <shall have authority to> transfer and assign
440-21 any student <pupil or pupils> from one school facility or classroom
440-22 <classrooms> to another within its jurisdiction.
440-23 (b) The <Such> transfers may not be made by a <any> general
440-24 or blanket order but must be made on <upon> an individual basis as
440-25 specified by this subchapter <herein>.
440-26 (c) The authority <herein> granted by this subchapter may be
440-27 exercised by the board directly or may be delegated <by it> to the
441-1 superintendent <of schools> or to any other person <or persons>
441-2 employed by the board.
441-3 Sec. 25.032 <21.075>. Factors to be Considered. (a) In the
441-4 assignment, transfer, or continuance of students <pupils> among and
441-5 within the schools, or within the classroom and other facilities
441-6 <thereof>, the following factors, <and> the effect of the
441-7 assignment, transfer, or continuance, and any other relevant matter
441-8 <or result thereof shall be considered>, with respect to the
441-9 individual student, shall be considered <pupil as well as other
441-10 relevant matters>:
441-11 (1) available room and teaching capacity in the
441-12 various schools;
441-13 (2) availability of transportation facilities;
441-14 (3) effect of the admission of new students on <pupils
441-15 upon> established or proposed academic programs;
441-16 (4) suitability of established curricula for the
441-17 particular student <pupil>;
441-18 (5) adequacy of the student's <pupil's> academic
441-19 preparation for admission to a particular school and curriculum;
441-20 (6) scholastic aptitude and relative intelligence or
441-21 mental energy or ability of the student <pupil>;
441-22 (7) psychological qualification of the student <pupil>
441-23 for the type of teaching and associations involved;
441-24 (8) effect of the admission of the student on <pupil
441-25 upon> the academic progress of other students in the particular
441-26 school or facility <thereof>;
441-27 (9) effect of the admission of the student on <pupil
442-1 upon> prevailing academic standards at a particular school;
442-2 (10) psychological effect upon the student <pupil> of
442-3 attendance at a particular school;
442-4 (11) possibility or threat of friction or disorder
442-5 among students <pupils> or others;
442-6 (12) possibility of breaches of the peace or ill will
442-7 or economic retaliation within the community;
442-8 (13) home environment of the student <pupil>;
442-9 (14) maintenance or severance of established social
442-10 and psychological relationships with other students <pupils> and
442-11 with teachers;
442-12 (15) choice and interest of the student <pupil>;
442-13 (16) morals, conduct, health, and personal standards
442-14 of the student <pupil>; and
442-15 (17) request or consent of parents or guardians and
442-16 the reasons for a request <assigned therefor>.
442-17 (b) The board or the person acting for the board may <shall>
442-18 not consider a factor in its evaluation any matter relating to the
442-19 national origin of the student <pupil> or the student's <pupil's>
442-20 ancestral language.
442-21 Sec. 25.033 <21.077>. Petition of Parent. The parent or
442-22 person standing in parental relation to any student <pupil> may by
442-23 petition in writing either:
442-24 (1) request the transfer or assignment of the student
442-25 <pupil> to a designated school or to a school to be designated by
442-26 the board; or
442-27 (2) file objections to the assignment of the student
443-1 <pupil> to the school to which the student <he> has been assigned.
443-2 Sec. 25.034 <21.078>. Hearing; Action on Petition; Appeal.
443-3 (a) On <Upon> receipt of a petition under <of either type
443-4 described in> Section 25.033 <21.077 of this code>, the board
443-5 shall:
443-6 (1) if no hearing is requested, act on <upon> the
443-7 petition within 30 days and notify the petitioner of its
443-8 conclusion; or
443-9 (2) if a hearing is requested, designate a time and
443-10 place for the holding of a hearing within 30 days.
443-11 (b) If <Whenever> a hearing is requested, it shall be
443-12 conducted by the board in compliance with <the provisions of> this
443-13 section.
443-14 (c) The hearing is <shall be> final on behalf of the board
443-15 except as specified in Subsection (f) <of this section>.
443-16 (d) The petitioner may present evidence relevant to the
443-17 individual student <pupil>.
443-18 (e) The board may conduct investigations as to the objection
443-19 or request, examine any student <the pupil or pupils> involved, and
443-20 employ agents, professional or otherwise, for the purpose of <such>
443-21 examinations and investigations.
443-22 (f) The decision of the board, either with or without
443-23 hearing, is <shall be> final unless the student <pupil> or the
443-24 parent, guardian, or custodian of the student <pupil> as next
443-25 friend, files <shall file> exception to the action of the board as
443-26 constituting a denial of any right of the student <pupil>
443-27 guaranteed under the constitution of the United States.
444-1 (g) In the event exception is filed on the ground that the
444-2 decision of the board constitutes a denial of a right of the
444-3 student <pupil> guaranteed under the constitution of the United
444-4 States and the board does not within 15 days reconsider its final
444-5 action, an appeal may be taken from the final action of the board,
444-6 on that ground alone, to the district court of the county in which
444-7 the board is located. The petition must<, in which event>:
444-8 (1) <the petition must> be filed not later than the
444-9 30th day after <within 30 days from> the date of the board's final
444-10 decision;
444-11 (2) <the petition must> state the facts relevant to
444-12 the student <pupil> as bearing on the alleged denial of the
444-13 student's <his> rights under the constitution of the United States;
444-14 and
444-15 (3) <the petition must> be accompanied by a bond, with
444-16 sureties approved by the clerk of the court, conditioned to pay all
444-17 costs of appeal if the appeal is <same shall> not <be> sustained.
444-18 Sec. 25.035 <21.079>. Transfers Between Districts or
444-19 Counties. The boards of trustees of two or more adjoining
444-20 districts or the boards of county school trustees of two or more
444-21 adjoining counties may, by <mutual> agreement and under the <same>
444-22 rules specified in Sections 25.032-25.034 <21.075-21.078 of this
444-23 code>, arrange for the transfer and assignment of any student
444-24 <pupil or pupils> from the jurisdiction of one board to that of
444-25 another, in which event the participating governing boards shall
444-26 also agree to the transfer of school funds or other payments
444-27 proportionate to the transfer of attendance.
445-1 Sec. 25.036 <21.061>. Transfer of Student. (a) Any child,
445-2 other than a high school graduate, who is over 6 and under 21 years
445-3 of age on September 1 <at the beginning> of any school <scholastic>
445-4 year may annually transfer from the child's <his> school district
445-5 of residence to another <Texas> district in this state, provided
445-6 that both the receiving district and the applicant parent or
445-7 guardian or person having lawful control of the child jointly
445-8 approve and timely agree in writing to transfer.
445-9 (b) A <Such a> transfer agreement under this section shall
445-10 <locally> be filed and preserved as a receiving district record for
445-11 audit purposes of the agency <Central Education Agency>.
445-12 Sec. 25.037 <21.062>. Transfer of State Funds. On <Upon>
445-13 the timely filing and certification of the transfer of any <such>
445-14 child in the manner <timely> and <in the> form prescribed by rules
445-15 <regulations> of the State Board of Education, the state available
445-16 school fund <per capita> apportionment transfers <shall transfer>
445-17 with the child. For <; and for> purposes of computing state
445-18 allotments to districts <eligible> under the Foundation School
445-19 Program <Act>, the attendance of the child before <prior to> the
445-20 date of transfer is <shall be> counted by the transfer sending
445-21 district and the attendance of the child after the date of transfer
445-22 is <shall be> counted by the transfer receiving district.
445-23 Sec. 25.038 <21.063>. Tuition Fee For Transfer Students.
445-24 The receiving district may charge a tuition fee to the extent that
445-25 the district's actual expenditure per student in average daily
445-26 attendance, as determined <determinable> by its board of trustees,
445-27 exceeds the sum the district benefits from state aid sources as
446-1 provided in Section 25.037 <21.062 of this code and county
446-2 education funds distributed under Subchapter J, Chapter 16, of this
446-3 code>. However, unless a tuition fee is prescribed and set out in
446-4 a transfer agreement before <prior to> its execution by the
446-5 parties, an <no> increase in tuition charge may not <shall> be made
446-6 for the year of that transfer that exceeds the tuition charge, if
446-7 any, of the preceding school year.
446-8 Sec. 25.039 <21.082>. Contracts and Tuition for Education
446-9 Outside District. (a) A school district that does not offer each
446-10 grade level from kindergarten through grade 12 may provide by
446-11 contract for students residing in the district who are at grade
446-12 levels not offered by the district to be educated at those grade
446-13 levels in one or more other <accredited> districts. In each
446-14 contract, the districts also shall agree to the transfer of school
446-15 funds or other payments proportionate to the transfer of
446-16 attendance.
446-17 (b) The district in which the students reside shall pay
446-18 tuition to any <accredited> district with which it has a contract
446-19 under this section for each of its students attending school in
446-20 that district at a grade level for which the district has
446-21 contracted. The amount of the tuition paid may exceed the amount
446-22 provided for by Section 25.038 <21.063 of this code> if the board
446-23 of trustees of the district in which the students reside finds the
446-24 excess payment to be in the best interest of the district's
446-25 educational program.
446-26 (c) A district is not required to pay tuition to any
446-27 district with which it has not contracted for the attendance by any
447-1 of its students at a grade level for which it has contracted under
447-2 this section with another district.
447-3 (d) A contract under this section may not be for a period
447-4 exceeding five years.
447-5 Sec. 25.040 <21.073>. Transfer to District of Bordering
447-6 State. (a) Any child <who would be> entitled to attend the public
447-7 school of any district situated on the border of Louisiana,
447-8 Arkansas, Oklahoma, or New Mexico <and> who finds <may find> it
447-9 more convenient to attend the public school in a district in the
447-10 <one of those> contiguous state <states> may have the <state and
447-11 county per capita> apportionment of the state and county available
447-12 school funds paid to the school district of the contiguous state
447-13 and may have additional tuition, if necessary, paid by the district
447-14 of the child's <his> residence on <such> terms <as may be> agreed
447-15 on <upon> by the trustees of the receiving district and the
447-16 trustees of the residence district.
447-17 (b) Such arrangements must be approved by the county
447-18 superintendent and the county school trustees of the <Texas> county
447-19 of the child's residence.
447-20 <(c) The restrictions of Sections 21.068-21.072 of this
447-21 code with regard to the payment of high school tuition shall not
447-22 apply to transfers to contiguous state high schools.>
447-23 Sec. 25.041 <21.080>. Transfer of Children or Wards of
447-24 Employees of State Schools. A school age child or ward of an
447-25 employee of a state <State> school for the mentally retarded <which
447-26 is> constituted as a school district who resides within the
447-27 boundaries of the state <State> school property but who is not a
448-1 student at the state <State> school is entitled to attend school in
448-2 a school district adjacent to the state <State> school free of any
448-3 charge to the child's or ward's <his> parents or guardian provided
448-4 the <such> parent or guardian is required by the superintendent
448-5 <Superintendent> of the state <State> school to live on the grounds
448-6 of the state <State> school for the convenience of this state <the
448-7 State of Texas>. A <In such instance, any> tuition charge required
448-8 by the admitting school district shall be paid by the school
448-9 district constituting the state <State> school out of funds
448-10 allotted to it by the agency <Central Education Agency>.
448-11 Sec. 25.042 <21.081>. TRANSFER OF CHILDREN OF EMPLOYEES OF
448-12 TEXAS YOUTH COMMISSION <COUNCIL> FACILITIES. A school age child
448-13 of an employee of a facility of the Texas Youth Commission
448-14 <Council> is entitled to attend school in a school district
448-15 adjacent to the district in which the student <he> resides free of
448-16 any charge to the student's <his> parents or guardian. Any tuition
448-17 charge required by the admitting school district shall be paid by
448-18 the school district from which the student transfers out of any
448-19 funds appropriated to the facility by the legislature.
448-20 (Sections 25.043-25.080 reserved for expansion
448-21 SUBCHAPTER C. OPERATION OF SCHOOLS
448-22 AND SCHOOL ATTENDANCE
448-23 Sec. 25.081. OPERATION OF SCHOOLS. (a) Except as
448-24 authorized under Subsection (b) or Section 25.084, each school
448-25 district must provide for at least 175 days of instruction for
448-26 students.
448-27 (b) The commissioner may approve the operation of schools
449-1 for less than the number of days of instruction required under
449-2 Subsection (a) when disaster, flood, extreme weather conditions,
449-3 fuel curtailment, or another calamity causes the closing of
449-4 schools.
449-5 <CHAPTER 21. PROVISIONS GENERALLY APPLICABLE TO SCHOOL DISTRICTS>
449-6 <SUBCHAPTER A. GENERAL PROVISIONS>
449-7 <Sec. 21.001. SCHOLASTIC YEAR. (a) The scholastic year
449-8 shall commence on the first day of September of each year and end
449-9 on the thirty-first day of August thereafter.>
449-10 <Sec. 21.002. SCHOLASTIC MONTH. A school month shall
449-11 consist of not less than 20 school days, inclusive of holidays.>
449-12 <Sec. 21.003. SCHOLASTIC WEEK. A school week shall consist
449-13 of five days, inclusive of holidays.>
449-14 Sec. 25.082 <21.004>. School Day. A school day shall be
449-15 taught for at least <not less than> seven hours each day, including
449-16 intermissions and recesses.
449-17 <Sec. 21.005. HOLIDAYS. The public schools shall not be
449-18 closed on legal holidays unless so ordered by the board of
449-19 trustees.>
449-20 <Sec. 21.007. QUALIFICATIONS OF TRUSTEES. No person shall
449-21 be elected as a trustee of a school district in this state unless
449-22 he is a qualified voter. This section does not apply to a school
449-23 district trustee elected or appointed before August 30, 1965.>
449-24 <Sec. 21.902. ><Late Afternoon and Evening Sessions><. The
449-25 board of trustees of any district may provide late afternoon and
449-26 evening sessions and determine which pupils shall be admitted or
449-27 assigned to such school programs. The attendance of eligible
450-1 pupils as defined from time to time by the policies of the State
450-2 Board of Education shall be applicable to those pupils attending
450-3 late afternoon and evening sessions.>
450-4 Sec. 25.083 <21.923>. School Day Interruptions. The board
450-5 of trustees of each school district shall adopt and strictly
450-6 enforce a policy limiting interruptions of classes during the
450-7 school day for nonacademic activities such as announcements and
450-8 sales promotions. At a minimum, the policy must <shall> limit
450-9 announcements other than emergency announcements to once during the
450-10 school day.
450-11 Sec. 25.084 <21.009>. YEAR-ROUND SYSTEM. (a) The State
450-12 Board of Education shall adopt rules under which a school district
450-13 may operate its schools year-round on either a single-track or<,
450-14 including rules necessary for the operation of a> multitrack
450-15 calendar <school year under Section 21.010 of this code>.
450-16 (b) The rules must authorize flexibility concerning:
450-17 (1) <may modify the> contract days of employees and
450-18 the days of operation, including the days of staff development,
450-19 otherwise required by law;
450-20 (2) testing dates, data reporting, and related
450-21 matters; and
450-22 (3) a student's eligibility to participate in
450-23 extracurricular activities when the student's calendar track is not
450-24 in session.
450-25 (c) The operation of schools year-round by a district does
450-26 not affect the amount of state funds to which the district is
450-27 entitled under Chapter 42 <16 of this code>.
451-1 <Sec. 21.010. MULTITRACK SCHOOL YEAR. (a) In this section:>
451-2 <(1) "Track" means a group of students and teachers
451-3 scheduled to attend school and take vacation periods on the same
451-4 schedule.>
451-5 <(2) "Multitrack" means multiple tracks, with
451-6 staggered instructional blocks and vacation periods.>
451-7 <(b) The board of trustees of a school district may operate
451-8 a school on a multitrack school year.>
451-9 Sec. 25.085 <21.032>. Compulsory Attendance. (a) Unless
451-10 specifically exempted by Section 25.086 <21.033 of this code or
451-11 under other laws or unless a child is at least 17 years of age and
451-12 has been issued a high school equivalency certificate>, every child
451-13 in the state who is as much as six years of age, or who is less
451-14 than seven years of age and has previously been enrolled in first
451-15 grade, and who has not completed the academic year in which the
451-16 child's <his> 17th birthday occurred shall <be required to> attend
451-17 the public schools a minimum of 165 days of the regular school year
451-18 in the district of the child's <his> residence or in some other
451-19 district to which the child <he> may be transferred as provided or
451-20 authorized by law <a minimum of 170 days of the regular school term
451-21 of the district in which the child resides or to which he has been
451-22 transferred>.
451-23 (b) A child enrolled in prekindergarten or kindergarten must
451-24 attend class or have an excused absence for a minimum of 85 days
451-25 during each semester for which the child is enrolled.
451-26 (c) Unless specifically exempted by Section 25.086 <21.033
451-27 of this code>, a student enrolled in a public school district must
452-1 attend an extended year program for which the student is eligible
452-2 that is provided by the district for students identified as likely
452-3 not to be promoted to the next grade level or tutorial classes
452-4 required by the district under Section 29.084 <21.103(b) of this
452-5 code>. <A district shall provide transportation services to each
452-6 student required under this section to attend an extended year
452-7 program who would be eligible for transportation services during a
452-8 regular school term. A school district is not required to provide
452-9 transportation services to accommodate students required under this
452-10 section to attend tutorial classes.>
452-11 Sec. 25.086 <21.033>. EXEMPTIONS. (a) The following
452-12 classes of children are exempt from the requirements of compulsory
452-13 attendance:
452-14 (1) any child who is attending <in attendance upon> a
452-15 private or parochial school that includes <which shall include> in
452-16 its course a study of good citizenship;
452-17 (2) any child who is eligible to participate in a
452-18 school district's special education program under <handicapped as
452-19 defined in> Section 29.003 <21.503 of this code> and who cannot be
452-20 appropriately served by the resident district in accordance with
452-21 the requirements of Section 25.085 <21.032 of this code>;
452-22 (3) any child who has a physical or mental condition
452-23 of a temporary and remediable nature which renders such child's
452-24 attendance infeasible and who holds a certificate from a qualified
452-25 physician specifying the temporary condition, indicating the
452-26 treatment prescribed to remedy the temporary condition, and
452-27 covering the anticipated period of the child's absence from school
453-1 for the purpose of receiving and recuperating from such remedial
453-2 treatment;
453-3 (4) any child expelled in accordance with the
453-4 requirements of law;
453-5 (5) any child who is at least 17 years old and who:
453-6 (A) is attending <in attendance upon> a course
453-7 of instruction to prepare for the high school equivalency
453-8 examinations; or
453-9 (B) has received a high school equivalency
453-10 certificate;
453-11 (6) any child who is at least 16 years old and who is
453-12 attending <in attendance upon> a course of instruction to prepare
453-13 for the high school equivalency examinations, if the child
453-14 <provided that the person> is recommended to the course of
453-15 instruction by a public agency that <which> has supervision or
453-16 custody of the child <person> under a court order; <and>
453-17 (7) any child who is enrolled in the Texas Academy of
453-18 Leadership in the Humanities; and
453-19 (8) any child specifically exempted under other law.
453-20 (b) This section does not relieve a <resident> district in
453-21 which a child eligible to participate in a district's special
453-22 education program resides <as defined by Section 21.502 of this
453-23 code> of its fiscal and administrative responsibilities under
453-24 Subchapter A, Chapter 29 <N of this chapter> or of its
453-25 responsibility to provide a <handicapped> child with a disability
453-26 with a free appropriate public education.
453-27 Sec. 25.087 <21.035>. Violations of Attendance Requirements;
454-1 EXCUSED ABSENCES. (a) Violations of the compulsory attendance law
454-2 by absence after enrollment is <shall be> determined as provided by
454-3 <upon the basis of the provisions of> this section.
454-4 (b) Any child required to attend <not excepted from
454-5 compulsory> school <attendance> may be excused<, as provided by
454-6 this section,> for temporary absence resulting from personal
454-7 sickness, sickness or death in the family, quarantine, weather or
454-8 road conditions making travel dangerous, or any other unusual cause
454-9 acceptable to the teacher, principal, or superintendent of the
454-10 school in which the child is enrolled.
454-11 (c) The reason for an excused absence must be stated in
454-12 writing and signed by the parent or other person standing in
454-13 parental relation to the child.
454-14 (d) The person serving as <discharging the duties of>
454-15 attendance officer for <of> the school may investigate any case in
454-16 which an excused absence is requested.
454-17 (e) Any teacher giving instruction to any child required to
454-18 attend school <within the compulsory attendance age> shall promptly
454-19 report any unexcused absence to the person serving as attendance
454-20 officer for the school.
454-21 (f) A school district shall excuse a student from attending
454-22 school for the purpose of observing religious holy days or
454-23 traveling for that purpose if before the absence the parent,
454-24 guardian, or person having custody or control of the student
454-25 submits a written request for the excused absence. <The school
454-26 district shall excuse a student under this subsection for the days
454-27 on which the religious holy days are observed and for the days on
455-1 which the student must travel to and from the site where he will
455-2 observe the holy days.> A student whose absence is excused under
455-3 this subsection may <shall> not be penalized for the <such> absence
455-4 and is <shall be> counted as if the student <he> attended school
455-5 for purposes of calculating the average daily attendance <of
455-6 students> in the school district. A student whose absence is
455-7 excused under this subsection shall be allowed a reasonable time to
455-8 make up school work missed on those days. <In accordance with the
455-9 customary and generally applicable educational practices in the
455-10 school district, the school district may appropriately respond if
455-11 the student fails to satisfactorily complete such school work.> If
455-12 the student satisfactorily completes the school work, the day of
455-13 absence is <shall be> counted as a day of compulsory attendance.
455-14 <With the advice and assistance of the state commissioner of
455-15 education, the State Board of Education may adopt rules consistent
455-16 with this subsection that are necessary to administer this
455-17 subsection uniformly.>
455-18 (g) The absences of a student who returns to school as a
455-19 result of a prosecution under Section 25.090 <4.25> or 25.091
455-20 <4.251 of this code> or by order of a court may be excused if the
455-21 student:
455-22 (1) returns to school and attends class regularly and
455-23 to the satisfaction of the district;
455-24 (2) satisfactorily completes assignments for the
455-25 period of the absence within a reasonable time determined by the
455-26 district; and
455-27 (3) passes an examination at the completion of the
456-1 class.
456-2 (h) A school district may offer a class for parents and
456-3 guardians of students with unexcused absences that provides
456-4 instruction designed to assist them in identifying problems that
456-5 contribute to the students' unexcused absences and in developing
456-6 strategies for resolving those problems.
456-7 Sec. 25.088 <21.040>. Permissive Attendance. The board of
456-8 trustees of any school district may, on <upon such> terms <as> it
456-9 considers <may deem just and> proper, admit students <pupils>
456-10 either over or under the school age, either in or out of the
456-11 district, but in admitting those students <such pupils> the board
456-12 shall ensure <see to it> that the schools are not overcrowded or
456-13 underfunded to the neglect and injury of students who are <pupils>
456-14 within the scholastic age and who are residents of the district.
456-15 Sec. 25.089 <21.041>. Minimum Attendance for Class Credit
456-16 <Absences>. (a) Except as provided by this section, a student may
456-17 not be given credit for a class unless the student attends school
456-18 <is in attendance> for at least 90 percent of the days the class is
456-19 offered.
456-20 (b) The board of trustees of each school district shall
456-21 appoint one or more attendance committees to hear petitions for
456-22 class credit by students who attend <are in attendance> fewer than
456-23 the number of days required under Subsection (a). Classroom
456-24 teachers shall comprise a majority of the membership <Each board
456-25 may determine the number of committees needed in the district and
456-26 the composition> of each committee. The committees may give class
456-27 credit to a student <who is in attendance fewer than the number of
457-1 days required under Subsection (a)> because of extenuating
457-2 circumstances. Each <local school> board of trustees shall
457-3 establish guidelines to determine what constitutes extenuating
457-4 circumstances<, subject to rules adopted by the State Board of
457-5 Education,> and shall adopt policies establishing alternative ways
457-6 for students to make up work or regain credit lost because of
457-7 absences. <The State Board of Education shall submit its rules
457-8 adopted under this section to the standing committees of the senate
457-9 and house of representatives with primary jurisdiction over the
457-10 public school system for review to ensure compliance with
457-11 legislative intent.> A certified public school employee may not be
457-12 involuntarily assigned additional instructional duties as a result
457-13 of this section outside of the regular workday unless the employee
457-14 is compensated for the duties at a reasonable rate of pay.
457-15 (c) A member of an attendance committee is not personally
457-16 liable for any act or omission arising out of duties as a member of
457-17 an attendance committee.
457-18 (d) If a student is denied credit for a class by an
457-19 attendance committee, the student may appeal the decision to the
457-20 board. The decision of the board may be appealed by trial de novo
457-21 to the district court of the county in which the school district's
457-22 central administrative office is located.
457-23 (e) This section does not affect the provision of Section
457-24 25.087(f) <21.035(f) of this code> regarding a student's excused
457-25 absence from school to observe religious holy days.
457-26 Sec. 25.090 <4.25>. THWARTING COMPULSORY ATTENDANCE LAW.
457-27 (a) If any parent of <or person standing in parental relation to>
458-1 a child required to attend school<, within the compulsory school
458-2 attendance ages and not lawfully exempt or properly excused from
458-3 school attendance,> fails to require the <such> child to attend
458-4 school <for such periods> as required by law, <it shall be the duty
458-5 of> the proper attendance officer shall <to> warn<, in writing,>
458-6 the parent in writing <or person standing in parental relation>
458-7 that attendance is <must be> immediately required.
458-8 (b) If, after a <this> warning under Subsection (a), the
458-9 parent <or person standing in parental relation> intentionally,
458-10 knowingly, recklessly, or with criminal negligence fails to require
458-11 the child to attend school as required by law and the child has
458-12 unexcused voluntary absences for the amount of time specified under
458-13 Section 51.03(b)(2), Family Code, the parent <or person standing in
458-14 parental relation> commits an offense.
458-15 (c) The attendance officer shall file a complaint against
458-16 the parent <him> in the county court, in the justice court of the
458-17 parent's <his> resident precinct, or in the municipal court of the
458-18 municipality in which the parent <he> resides or in any
458-19 municipality or justice of the peace precinct in which the school
458-20 district is located. The attendance officer shall file a complaint
458-21 under this section in the court to which the parent's child has
458-22 been referred for engaging in conduct described in Section
458-23 51.03(b)(2), Family Code, if a referral has been made for the
458-24 child. If a referral has not been made <In addition, if the child
458-25 has unexcused voluntary absences for the amount of time specified
458-26 under Section 51.03(b)(2), Family Code>, the attendance officer
458-27 shall refer the child to the county juvenile probation department
459-1 for action as conduct indicating a need for supervision under that
459-2 section.
459-3 (d) A court in which a complaint is filed under this section
459-4 <subsection> shall give preference to a hearing on the complaint
459-5 over other cases before the court.
459-6 (e) An offense under this section is a Class C misdemeanor
459-7 <punishable by a fine of not less than $10 nor more than $50 for
459-8 the first offense, not less than $20 nor more than $100 for the
459-9 second offense, and not less than $50 nor more than $200 for a
459-10 subsequent offense>. Each day the child remains out of school
459-11 after the warning has been given or the child ordered to school by
459-12 the juvenile court may constitute a separate offense. Two or more
459-13 offenses under this section may be consolidated and prosecuted in a
459-14 single action. If the court probates the sentence, the court may
459-15 require the defendant to render personal services to a charitable
459-16 or educational institution as a condition of probation.
459-17 (f) <(b)> A fine collected under this section shall be
459-18 deposited as follows:
459-19 (1) one-half shall be deposited to the credit of the
459-20 operating fund of the school district in which the child attends
459-21 school; and
459-22 (2) one-half shall be deposited to the credit of:
459-23 (A) the general fund of the county, if the
459-24 complaint is filed in the county court or justice court; or
459-25 (B) the general fund of the municipality, if the
459-26 complaint is filed in municipal court.
459-27 (g) <(c)> At the trial of any person charged with violating
460-1 the provisions of this section, the attendance records of the child
460-2 <or ward> may be presented in court by any authorized employee of
460-3 the school district.
460-4 (h) <(d)> The court in which a conviction for an offense
460-5 under this section occurs may order the defendant to attend a class
460-6 provided under Section 25.087(h) <21.035(h) of this code> if the
460-7 school district in which the person resides offers a class under
460-8 that section.
460-9 (i) In this section, "parent" includes a person standing in
460-10 parental relation.
460-11 Sec. 25.091 <4.251>. FAILURE TO ATTEND SCHOOL. (a) A child
460-12 commits an offense if the child:
460-13 (1) is required to attend school under Section
460-14 25.085 <21.032 of this code>; and
460-15 (2) fails to attend school for the amount of time
460-16 specified under Section 51.03(b)(2), Family Code, <10 or more days
460-17 or parts of days in a six-month period or three or more days or
460-18 parts of days in a four-week period> without an excuse as provided
460-19 by Section 25.087 <21.035 of this code>.
460-20 (b) An offense under this section may be prosecuted in the
460-21 justice court for the precinct in which the child resides or in
460-22 which the school is located.
460-23 (c) An offense under this section is a Class C misdemeanor.
460-24 (d) Any person convicted of not more than one violation
460-25 under this section while a minor, on attaining the age of 18 years,
460-26 may apply to the court in which the person <he> was convicted to
460-27 have the conviction expunged.
461-1 (e) The application shall contain the applicant's sworn
461-2 statement that the person <he> was not convicted of any violation
461-3 of this section while a minor other than the one the person <he>
461-4 seeks to have expunged.
461-5 (f) If the court finds that the applicant was not convicted
461-6 of any other violation of this section while the person <he> was a
461-7 minor, the court shall order the conviction, together with all
461-8 complaints, verdicts, sentences, and other documents relating to
461-9 the offense, to be expunged from the applicant's record. After
461-10 entry of the order, the applicant shall be released from all
461-11 disabilities resulting from the conviction, and the conviction may
461-12 not be shown or made known for any purpose.
461-13 Sec. 25.092. WARNING NOTICE. (a) A school district shall
461-14 notify a student's parent in writing if, in a six-month period, the
461-15 student has been absent without an excuse five times for any part
461-16 of the day. The notice must state that if the student is absent
461-17 without an excuse for 10 or more days or parts of days in a
461-18 six-month period:
461-19 (1) the student's parent is subject to prosecution
461-20 under Section 25.090; and
461-21 (2) the student is subject to prosecution under
461-22 Section 25.091.
461-23 (b) Notice is not required under this section if the student
461-24 is a party to a juvenile court proceeding for conduct described by
461-25 Section 51.03(b)(2), Family Code.
461-26 (c) The fact that a parent did not receive a notice under
461-27 this section does not create a defense to prosecution under Section
462-1 25.090 or 25.091.
462-2 (d) In this section, "parent" includes a person standing in
462-3 parental relation.
462-4 Sec. 25.093 <21.036>. School Attendance Officer. In
462-5 compliance with <the terms of> this section, a school attendance
462-6 officer may be selected <elected> by <either of the following types
462-7 of governing bodies>:
462-8 (1) the <The> county school trustees of any county; or
462-9 <having a scholastic population of more than three thousand
462-10 (3,000).>
462-11 (2) the <The> board of trustees of any independent
462-12 school district or the boards of trustees of two or more school
462-13 districts, jointly <having a scholastic population of more than two
462-14 thousand (2,000)>.
462-15 Sec. 25.094 <21.037>. Compensation <Selection> of Attendance
462-16 Officer; Dual Service. (a) <Authorization to elect a school
462-17 attendance officer shall be derived from the provisions of this
462-18 section.>
462-19 <(b) A petition requesting and explaining the need for a
462-20 school attendance officer and signed by at least 50 resident
462-21 freeholders of the area involved shall be presented to the county
462-22 school trustees or the trustees of the independent school district,
462-23 as the case may be.>
462-24 <(c) The governing body, upon receipt of a petition as
462-25 prescribed in Subsection (b) of this section, shall set a date for
462-26 a public hearing and give notice thereof by publication in a
462-27 newspaper published at the county seat for three consecutive weeks
463-1 or, if there be no such newspaper, by posting printed notices in
463-2 two public places within the area and one at the courthouse door of
463-3 the county.>
463-4 <(d) If, after the public hearing, the governing body is of
463-5 the opinion that a school attendance officer is necessary to the
463-6 proper enforcement of the compulsory attendance law and that the
463-7 school concerned will be benefited by such an officer, the
463-8 governing body may elect an attendance officer.>
463-9 <(e)> An <elected> attendance officer may be compensated
463-10 from the available school funds belonging to the county or the
463-11 independent school district, as applicable.
463-12 (b) <(f)> An <elected> attendance officer may<, at the
463-13 option of the county or independent district governing body,> be
463-14 the probation officer or <some> officer <or officers> of the
463-15 juvenile court of the county.
463-16 Sec. 25.095 <21.038>. Where No Attendance Officer Selected.
463-17 In those counties and independent school districts where an <no>
463-18 attendance officer has not been selected <elected>, the duties of
463-19 attendance officer shall be performed by <devolve upon> the school
463-20 superintendents and peace officers of the counties and districts.
463-21 Additional<, but no additional> compensation may not be paid for
463-22 the services.
463-23 Sec. 25.096 <21.039>. Powers and Duties of Attendance
463-24 Officer. (a) A school attendance officer has <shall have> the
463-25 following powers and duties:
463-26 (1) to investigate all cases of unexcused absences
463-27 from school;
464-1 (2) to administer oaths and to serve legal process;
464-2 (3) to enforce the <provisions of the> compulsory
464-3 attendance law;
464-4 (4) to keep records of all cases of any kind
464-5 investigated by the officer <him> in the discharge of the officer's
464-6 <his> duties;
464-7 (5) to make all reports of the officer's <his> work
464-8 required <of him> by the commissioner <of education>; <and>
464-9 (6) to refer to a juvenile court or to a justice court
464-10 if the juvenile court has waived jurisdiction as provided by
464-11 Section 54.021(a), Family Code, any student <truant pupil> who has
464-12 unexcused voluntary absences for the amount of time specified under
464-13 Section 51.03(b)(2), Family Code;
464-14 (7) <, or> to file a complaint against any
464-15 recalcitrant person having parental control as provided in Section
464-16 25.090; and
464-17 (8) <4.25 of this code, or> to file a complaint
464-18 against a student <pupil> for a violation of Section 25.091 <4.251
464-19 of this code>.
464-20 (b) A school attendance officer may <shall> not <invade or>
464-21 enter any <private home or> private residence <or any part thereof>
464-22 without the permission of the owner or tenant except to serve
464-23 lawful process on <upon> a parent, guardian, or other person
464-24 standing in parental relation to a child subject to <affected by>
464-25 the compulsory attendance law.
464-26 (c) A school attendance officer may <shall> not forcibly
464-27 take corporal custody of any child anywhere without permission of
465-1 the parent, guardian, or other person standing in parental relation
465-2 to the child except in obedience to a valid process issued by a
465-3 court of competent jurisdiction.
465-4 (Sections 25.097-25.110 reserved for expansion
465-5 SUBCHAPTER D. STUDENT/TEACHER RATIOS; CLASS SIZE
465-6 Sec. 25.112. CLASS SIZE. (a) Except as otherwise
465-7 authorized by this section, a school district may not enroll more
465-8 than 22 students in a kindergarten, first, second, third, or fourth
465-9 grade class. This limitation does not apply during the last 12
465-10 weeks of any school year.
465-11 (b) In determining the number of students to enroll in any
465-12 class, a school district shall consider the subject to be taught,
465-13 the teaching methodology to be used, and any need for individual
465-14 instruction.
465-15 (c) On application of a school district, the commissioner
465-16 may except the district from the limit in Subsection (a) if the
465-17 commissioner finds the limit works an undue hardship on the
465-18 district. An exception expires at the end of the semester for
465-19 which it is granted, and the commissioner may not grant an
465-20 exception for more than one semester at a time.
465-21 (Chapters 26-27 reserved for expansion
465-22 SUBTITLE H. CURRICULUM, PROGRAMS, AND SERVICES
465-23 CHAPTER 28 <SUBCHAPTER D>. COURSES OF STUDY; ADVANCEMENT
465-24 SUBCHAPTER A. ESSENTIAL ELEMENTS; CURRICULUM
465-25 Sec. 28.001 <21.101>. Required Curriculum. (a) Each school
465-26 district <that offers prekindergarten through grade 12> shall offer
465-27 a core <well-balanced> curriculum that includes:
466-1 (1) English language arts, consisting of reading and
466-2 writing;
466-3 (2) <other languages, to the extent possible;>
466-4 <(3)> mathematics;
466-5 (3) <(4)> science; and
466-6 (4) <(5) health;>
466-7 <(6) physical education;>
466-8 <(7) fine arts;>
466-9 <(8)> social studies, consisting of Texas and United
466-10 States history, government, and geography<;>
466-11 <(9) economics, with emphasis on the free enterprise
466-12 system and its benefits;>
466-13 <(10) business education;>
466-14 <(11) vocational education; and>
466-15 <(12) Texas and United States history as individual
466-16 subjects and in reading courses>.
466-17 (b) The State Board of Education by rule shall designate the
466-18 <subjects comprising a well-balanced> curriculum elements of each
466-19 subject of the core curriculum and shall describe the curriculum
466-20 elements sufficiently to inform teachers and administrators of the
466-21 material that will be addressed on assessment instruments adopted
466-22 under Subchapter B, Chapter 39 <to be offered by a school district
466-23 that does not offer prekindergarten through grade 12>.
466-24 (c) In addition to the core curriculum, each school district
466-25 that offers prekindergarten through grade 12 shall offer a required
466-26 curriculum that includes each of the courses required for
466-27 graduation as prescribed by State Board of Education rule. Courses
467-1 in a foreign language shall be part of the required curriculum in
467-2 each of those districts under board rule. The board by rule shall
467-3 designate courses comprising a required curriculum to be offered by
467-4 a school district that does not offer prekindergarten through grade
467-5 12. The board shall publish a general description of the course
467-6 content of each course in the required curriculum. The board may
467-7 not designate the curriculum elements of the courses in the
467-8 required curriculum.
467-9 (d) In accordance with a general description of course
467-10 content provided by State Board of Education rule, each school
467-11 district may offer a recommended curriculum that includes:
467-12 (1) physical education;
467-13 (2) health;
467-14 (3) fine arts;
467-15 (4) business education; and
467-16 (5) vocational education.
467-17 (e) A school district may offer courses in addition to a
467-18 course in the core, required, or recommended curriculum. The State
467-19 Board of Education shall be flexible in approving for credit toward
467-20 high school graduation a course a district offers under this
467-21 subsection <The State Board of Education by rule shall designate
467-22 the essential elements of each subject listed in Subsection (a) of
467-23 this section and shall require each district to provide instruction
467-24 in those elements at appropriate grade levels. In order to be
467-25 accredited, a district must provide instruction in those essential
467-26 elements as specified by the state board.>
467-27 <(d) Local instructional plans may draw upon state
468-1 curriculum frameworks and program standards as appropriate. The
468-2 responsibility for enabling all children to participate actively in
468-3 a balanced curriculum which is designed to meet individual needs
468-4 rests with the local school district. Districts are encouraged to
468-5 exceed minimum requirements of the law. A primary purpose of the
468-6 public school curriculum in Texas shall be to prepare thoughtful,
468-7 active citizens who understand the importance of patriotism and can
468-8 function productively in a free enterprise society with
468-9 appreciation for the basic democratic values of our state and
468-10 national heritage.>
468-11 <(e) The State Board of Education shall provide for optional
468-12 subjects in addition to those provided by Subsection (a) of this
468-13 section as appropriate for districts that require choices in order
468-14 to address unique local needs. In addition, the commissioner of
468-15 education may permit a school district to vary from the required
468-16 curriculum as necessary to avoid hardship to the district.>
468-17 <(f) Not later than the 30th day preceding the day on which
468-18 each regular session of the legislature convenes, the State Board
468-19 of Education shall transmit to the governor, the lieutenant
468-20 governor, and the legislature a report on the status of curriculum
468-21 in the public schools. The report shall include recommendations
468-22 for legislative changes necessary to improve, modify, or add to the
468-23 curriculum>.
468-24 (f) <(g)> The State Board of Education and <local> school
468-25 districts shall foster the continuation of the tradition of
468-26 teaching American and Texas history and the free enterprise system
468-27 in regular subject matter and in reading courses in the public
469-1 <free> schools of this state <Texas> and in the selection
469-2 <adoption> of textbooks.
469-3 (g) <(h)> The State Board of Education shall adopt rules for
469-4 the implementation of this section, except that the board may not
469-5 designate the methodology used by a teacher nor the time spent by a
469-6 <the> teacher or a student on a particular task or subject.
469-7 (h) <(i)> The State Board of Education by rule may require
469-8 laboratory instruction in secondary science courses and may require
469-9 a specific amount or percentage of time in a secondary science
469-10 course that must be laboratory instruction.
469-11 Sec. 28.002 <21.109>. Language of Instruction.
469-12 <(a)> English shall be the basic language of instruction in all
469-13 public schools. For a student of limited English proficiency as
469-14 defined under Section 29.052, bilingual instruction may be used for
469-15 developing competency in English.
469-16 <(b)> It is the policy of this state to ensure <insure> the
469-17 mastery of English by all students <pupils> in the public schools<;
469-18 provided that bilingual instruction may be offered or permitted in
469-19 those situations when such instruction is necessary to insure their
469-20 reasonable efficiency in the English language so as not to be
469-21 educationally disadvantaged>.
469-22 (Sections 28.003-28.020 reserved for expansion
469-23 SUBCHAPTER B. ADVANCEMENT, PLACEMENT, CREDIT, AND ACADEMIC
469-24 ACHIEVEMENT RECORD
469-25 Sec. 28.021 <21.1011>. Curriculum Mastery Plan. (a) The
469-26 <Not earlier than May 31, 1995, the> State Board of Education shall
469-27 recommend to the legislature <establish> a curriculum mastery plan
470-1 that allows each student in a school <the> district to advance
470-2 through the core and <curriculum> required curricula under Section
470-3 28.001 <21.101 of this code> in the minimum amount of time required
470-4 for the student to master the curricula <elements of the
470-5 curriculum>.
470-6 (b) A plan recommended <established> under this section must
470-7 include provisions for accelerated instruction for students as
470-8 needed to allow each student to maintain constant progress in
470-9 mastery of the curricula <curriculum elements>. The plan may not
470-10 include a student's age as a factor in determining whether to allow
470-11 a student to advance <to additional elements of the curriculum>.
470-12 (c) The plan recommended under <required by> this section
470-13 must provide for implementation <shall be implemented> through the
470-14 district-level decision process established under Section 12.201
470-15 <21.930 of this code> at each campus in the district as determined
470-16 through the site-based decision-making process established under
470-17 Section 12.202 <21.931 of this code>.
470-18 <SUBCHAPTER S. ADVANCEMENT AND COURSE CREDIT>
470-19 Sec. 28.022 <21.721>. Grade Requirement for Advancement or
470-20 Course Credit. (a) <A district may not grant social promotions.>
470-21 Students may be promoted only on the basis of academic achievement
470-22 or demonstrated proficiency.
470-23 (b) Each school district may adopt a policy for making the
470-24 decision to advance a student from one grade level to the next <on
470-25 the basis of multiple criteria. The policy must include
470-26 consideration of:>
470-27 <(1) whether the student's grade average for the
471-1 school year is equivalent to at least 70 on a scale of 100;>
471-2 <(2) the student's grades in each subject;>
471-3 <(3) the student's performance on criterion referenced
471-4 or norm-referenced assessment instruments administered under
471-5 Section 21.551 of this code;>
471-6 <(4) extenuating circumstances that may have
471-7 contributed to the student's performance during any period during
471-8 which, or on any examination on which, the student's performance
471-9 was inconsistent with the student's overall performance;>
471-10 <(5) the opinion of the student's parents and teachers
471-11 regarding grade level advancement of the student; and>
471-12 <(6) any other factors the district considers
471-13 important>.
471-14 (c) A student who has not maintained a grade average for a
471-15 course equivalent to at least 70 on a scale of 100 may not be given
471-16 credit for the course.
471-17 (d) The State Board of Education shall adopt rules
471-18 prescribing alternatives to social promotion for students who are
471-19 consistently unable to be promoted because of poor academic
471-20 achievement. A<, and a> district may provide for those students in
471-21 accordance with the board rules if<, provided that> the parent,
471-22 guardian, or person having lawful control of the student
471-23 participates in the deliberations.
471-24 (e) A school district may grant promotions to students in
471-25 grades below second grade on the basis of an assessment method
471-26 other than numerical grading.
471-27 (f) Before deciding not to advance a student from one grade
472-1 level to the next, a district may consider one or more alternatives
472-2 for providing the student the necessary assistance to graduate on
472-3 time <remedial assistance, including:>
472-4 <(1) an extended school day;>
472-5 <(2) an extended school year;>
472-6 <(3) specialized tutorial support;>
472-7 <(4) peer tutoring;>
472-8 <(5) cross-age tutoring;>
472-9 <(6) student mentoring; and>
472-10 <(7) a summer program>.
472-11 (g) In determining a dyslexic student's mastery of a subject
472-12 area, a school district shall base numerical grades on a scale
472-13 adapted to the student's potential for mastery of the area.
472-14 Sec. 28.023 <21.722>. Notice to Parents of Unsatisfactory
472-15 Grade. (a) The board of trustees of each school district shall
472-16 adopt a policy under which, at <At> least once every six weeks, the
472-17 <a> district gives <must give> written notice to parents of
472-18 students' grades in each class or subject. The notice must provide
472-19 for the signature of the parent and must be returned to the
472-20 district. The policy must also provide for a <If the notice is not
472-21 returned to the district, the district must mail notice to the>
472-22 parent conference.
472-23 (b) <If a student's level of achievement for the notice
472-24 period is below the level required for course credit or grade level
472-25 advancement under Section 21.721 of this code, the grade notice
472-26 must state the need for a conference between the appropriate
472-27 teacher and the parent and must quote or summarize the requirements
473-1 of that section.>
473-2 <(c) In attempting to schedule a conference between a
473-3 teacher and parent, the district shall give the parent at least two
473-4 alternative dates for the conference.>
473-5 <(d)> In this section, "parent" includes a legal guardian.
473-6 (c) <(e)> This section does not apply to a student who is:
473-7 (1) married;
473-8 (2) an emancipated minor; or
473-9 (3) an adult living alone.
473-10 Sec. 28.024 <21.723>. Final Examination. (a) Except as
473-11 provided by Subsection (b), a <A> student may not be exempted from
473-12 taking a final examination in any class in which any other student
473-13 is required to take a final examination.
473-14 (b) A school district may exempt a student in grade 11 or 12
473-15 from a final examination, other than an end-of-course examination
473-16 required by state rule, according to district policy.
473-17 Sec. 28.025 <21.724>. Advanced Placement Examination.
473-18 (a) Using guidelines established by the State Board of Education,
473-19 a school district shall develop for board review advanced placement
473-20 examinations for each primary school grade level and for secondary
473-21 school academic courses <subjects>. The guidelines must provide
473-22 for the examinations to thoroughly test comprehension of the
473-23 information presented in the applicable grade level or course
473-24 <subject>. The board shall approve advanced placement examinations
473-25 that satisfy board guidelines.
473-26 (b) A student in a primary grade level shall be given credit
473-27 for a grade level and advanced one grade level on the basis of a
474-1 board-approved advanced placement examination if:
474-2 (1) the student scores in the 90th percentile or above
474-3 on each section of the examination;
474-4 (2) a school district representative recommends that
474-5 the student be advanced; and
474-6 (3) the student's parent or guardian gives written
474-7 approval of the advancement.
474-8 (c) A student in grade level six or above shall be given
474-9 credit for a subject on the basis of a board-approved advanced
474-10 placement examination in the subject if the student scores in the
474-11 90th percentile or above on the examination. If a student is given
474-12 credit in a subject on the basis of an examination, the examination
474-13 score shall be entered on the student's transcript.
474-14 (d) Each school district shall administer the advanced
474-15 placement examination at least <not less than> once a year, at
474-16 times to be determined by the board.
474-17 Sec. 28.026 <21.1091>. CREDIT FOR American Sign Language.
474-18 American Sign Language is recognized as a language, and any public
474-19 school may offer an elective course in American Sign Language. For
474-20 the purpose of satisfying any requirement in the public schools for
474-21 the <two units of> study of <in> another language, a course in
474-22 American Sign Language may be considered <deemed> another language.
474-23 <Sec. 21.116. POSTSECONDARY ENROLLMENT OPTIONS. The
474-24 commissioner of education and the commissioner of higher education
474-25 shall jointly develop recommendations for a statewide program
474-26 allowing public high school students to enroll in courses in
474-27 postsecondary institutions for both secondary credit and
475-1 postsecondary credit. The recommendations shall include a method
475-2 for apportioning state funds for the student's education between
475-3 the public school and the postsecondary institution. The
475-4 commissioners shall report their recommendations to the 72nd
475-5 Legislature not later than February 1, 1991.>
475-6 Sec. 28.027 <21.117>. CREDIT FOR Texas Academy of Leadership
475-7 in the Humanities. (a) The State Board of Education shall adopt
475-8 rules to allow secondary school students selected under Subchapter
475-9 E, Chapter 108, <of this code> to enroll in the Texas Academy of
475-10 Leadership in the Humanities.
475-11 (b) A school district must grant two years of academic
475-12 credit to a student who successfully completes the two-year program
475-13 at the academy. The credit granted must count toward the
475-14 graduation and course <subject area> requirements of the student's
475-15 school district.
475-16 Sec. 28.028 <21.257>. Academic Achievement Record;
475-17 CLASSIFICATION OF DIPLOMAS <for Advanced Program>. (a) Each
475-18 school district shall report the academic achievement record of a
475-19 student who has completed an advanced, academic, or vocational high
475-20 school program on a distinctive transcript form adopted for that
475-21 classification of program by the State Board of Education. <The
475-22 transcript form adopted by the State Board of Education must be
475-23 designed to clearly distinguish it from a transcript used for the
475-24 academic achievement record of a student who has not completed an
475-25 advanced high school program.>
475-26 (b) The State Board of Education by rule shall prescribe
475-27 standards for determining what constitutes each classification of
476-1 <an advanced> high school program under this section as follows:
476-2 (1) an academic diploma certifies that the student has
476-3 taken and received credit for each course required by the State
476-4 Board of Education under Section 28.001;
476-5 (2) a vocational diploma certifies that the student
476-6 has taken and received credit for each course required by the State
476-7 Board of Education under Section 28.001 and a sequence of courses
476-8 in a vocational area as prescribed by the State Board of Education;
476-9 and
476-10 (3) an advanced diploma certifies that the student has
476-11 taken and received credit for each course required by the State
476-12 Board of Education under Section 28.001 and at least three college
476-13 advanced placement or international baccalaureate courses as
476-14 defined under Section 28.051.
476-15 (c) The classification of a diploma must be clearly shown on
476-16 the diploma in large, bold-faced type.
476-17 (Sections 28.029-28.050 reserved for expansion
476-18 SUBCHAPTER C <CHAPTER 35>. ADVANCED PLACEMENT INCENTIVES
476-19 Sec. 28.051 <35.001>. Definitions. In this chapter:
476-20 (1) "Board" means the State Board of Education.
476-21 (2) "College advanced placement course" means a
476-22 board-approved high-school-level preparatory course for a college
476-23 advanced placement test that <which> incorporates all topics
476-24 specified by the College Board on its standard syllabus for a given
476-25 subject area.
476-26 (3) "College advanced placement test" means the
476-27 advanced placement test administered by the College Board and
477-1 Educational Testing Service.
477-2 (4) "College Board" means the College Board and
477-3 Educational Testing Service.
477-4 (5) "International baccalaureate course" means a
477-5 high-school-level preparatory course for an international
477-6 baccalaureate examination that incorporates each topic specified by
477-7 the International Baccalaureate Organization on its standard
477-8 syllabus for a particular subject area <"Commissioner" means the
477-9 commissioner of education>.
477-10 (6) "International baccalaureate examination" means
477-11 the international baccalaureate examination administered by the
477-12 International Baccalaureate Organization.
477-13 (7) "Program" means the Texas Advanced Placement
477-14 Incentive Program.
477-15 Sec. 28.052 <35.002>. Creation of Program and Purpose.
477-16 (a) The Texas Advanced Placement Incentive Program is created to
477-17 recognize and reward those students, teachers, and schools that
477-18 demonstrate success in achieving the educational goals of the
477-19 state.
477-20 (b) Awards and subsidies granted under this chapter are for
477-21 the public purpose of promoting an educated citizenry of the state.
477-22 Sec. 28.053 <35.003>. Types of Awards. (a) Subject to
477-23 legislative appropriations, schools participating in the <this>
477-24 program may be awarded the following:
477-25 (1) a one-time $3,000 equipment grant for providing a
477-26 college advanced placement course or international baccalaureate
477-27 course, to be paid to schools based on need as determined by the
478-1 commissioner; and
478-2 (2) $100 for each student who scores a three or better
478-3 on a college advanced placement test or four or better on an
478-4 international baccalaureate examination.
478-5 (b) Subject to legislative appropriations, teachers
478-6 participating in this program may be awarded the following:
478-7 (1) subsidized teacher training, not to exceed $450
478-8 per teacher, for college advanced placement courses or
478-9 international baccalaureate courses;
478-10 (2) a one-time award of $250 for teaching a college
478-11 advanced placement course or an international baccalaureate course
478-12 for the first time; and
478-13 (3) a share of the teacher bonus pool, which shall be
478-14 distributed by the teachers' school in shares proportional to the
478-15 number of courses taught.
478-16 (c) To be eligible for an award under Subsection (b), <of
478-17 this section> a teacher must teach a college advanced placement
478-18 course or an international baccalaureate course.
478-19 (d) Fifty dollars may be deposited in the teacher bonus pool
478-20 for each student enrolled in the school that scores a three or
478-21 better on a college <an> advanced placement test or four or better
478-22 on an international baccalaureate examination.
478-23 (e) Students receiving a score of three or better on a
478-24 college <an> advanced placement test or four or better on an
478-25 international baccalaureate examination may receive a
478-26 reimbursement, not to exceed $65, for the <advanced placement>
478-27 testing fee. This reimbursement shall be reduced by the amount of
479-1 any subsidies awarded <either> by the College Board or the
479-2 International Baccalaureate Organization or under Section 28.054
479-3 <35.004 of this code>.
479-4 (f) The commissioner shall analyze and adjust, as needed,
479-5 the sum of and number of awards to ensure that the purpose of the
479-6 program is realized.
479-7 (g) The commissioner may adopt <shall have the authority to
479-8 promulgate the> rules necessary to meet the goals of the <this>
479-9 program.
479-10 Sec. 28.054 <35.004>. Subsidies for College Advanced
479-11 Placement Test. (a) A student is entitled to a subsidy for a fee
479-12 paid by the student to take a college advanced placement test or an
479-13 international baccalaureate examination if the student demonstrates
479-14 financial need. The board must adopt guidelines defining financial
479-15 need consistent with the definition of financial need adopted by
479-16 the College Board or the International Baccalaureate Organization.
479-17 (b) To obtain a subsidy under this section, the student
479-18 must:
479-19 (1) pay the fee for each college advanced placement
479-20 test or international baccalaureate examination for which the
479-21 student seeks a subsidy; and
479-22 (2) submit to the board through the student's guidance
479-23 counselor a written application on a form prescribed by the
479-24 commissioner demonstrating financial need and the amount of the fee
479-25 paid by the student for each college advanced placement test or
479-26 international baccalaureate examination.
479-27 (c) On approval by the board, the agency <Central Education
480-1 Agency> may pay all eligible applicants an equal amount, not to
480-2 exceed $25 for each applicant.
480-3 Sec. 28.055 <35.005>. Application for and use of School
480-4 Awards. (a) A school shall give priority to academic enhancement
480-5 purposes in using the awards received under this chapter. The
480-6 awards may not be used for any purpose related to athletics.
480-7 (b) To obtain an award under this section, the school must
480-8 submit to the board a written application in a form, manner, and
480-9 time prescribed by the commissioner.
480-10 Sec. 28.056 <35.006>. Application for Teacher Awards and
480-11 Reimbursements. To obtain an award or reimbursement for training
480-12 expenses under this section, a teacher must submit to the board a
480-13 written application in a form, manner, and time prescribed by the
480-14 commissioner.
480-15 Sec. 28.057 <35.007>. Funding. (a) The awards and
480-16 subsidies granted under this chapter may be funded by donations,
480-17 grants, or legislative appropriations. The commissioner may
480-18 solicit and receive grants and donations for <the purpose of>
480-19 making awards under this chapter. The donations, grants, or
480-20 legislative appropriations shall be accounted for and distributed
480-21 by the agency <Central Education Agency>.
480-22 (b) The agency <Central Education Agency> shall apply to the
480-23 program any available funds from its appropriations that <which>
480-24 may be used for purposes of the program <this purpose>.
480-25 (c) All awards and subsidies granted under the <this>
480-26 program are subject to the availability of funds.
480-27 <(d) Any applications for funding provided under Sections
481-1 35.003 and 35.004 of this code may be filed with the commissioner
481-2 beginning July 15, 1995.>
481-3 Sec. 28.058 <35.008>. Confidentiality. All information
481-4 regarding individual students received by the commissioner under
481-5 this chapter from school districts and students is <deemed>
481-6 confidential under Chapter 552, Government Code <424, Acts of the
481-7 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
481-8 Texas Civil Statutes)>.
481-9 CHAPTER 29. EDUCATIONAL PROGRAMS
481-10 SUBCHAPTER A <N>. SPECIAL EDUCATION PROGRAM
481-11 Sec. 29.001 <21.501>. Statewide Plan. The State Board of
481-12 Education shall develop, and modify as necessary, a statewide
481-13 design, consistent with federal law, for the delivery of services
481-14 to children with disabilities in this state that <Texas which>
481-15 includes rules for the administration and funding of the special
481-16 education program so that a free appropriate public education is
481-17 available to all of those children between the ages of three and
481-18 21. The statewide design shall include<, but may not be limited
481-19 to,> the provision of services primarily through <local> school
481-20 districts and special education cooperatives, supplemented by <a>
481-21 regional education service centers <delivery structure>. The board
481-22 shall further develop and implement a statewide plan with
481-23 programmatic content that <which> includes procedures designed to:
481-24 (1) ensure state compliance with requirements for
481-25 supplemental federal funding for all state-administered programs
481-26 involving the delivery of instructional or related services to
481-27 students with disabilities;
482-1 (2) facilitate interagency coordination when state
482-2 agencies other than the Texas <Central> Education Agency are
482-3 involved in the delivery of instructional or related services to
482-4 students with disabilities;
482-5 (3) periodically assess statewide personnel needs in
482-6 all areas of specialization related to special education <on a
482-7 periodic basis> and pursue strategies to meet those needs through a
482-8 consortium of representatives from regional education service
482-9 centers, local education agencies, and institutions of higher
482-10 education and through other available alternatives;
482-11 (4) ensure that regional education service centers
482-12 throughout the state maintain a regional support function, which
482-13 may include direct service delivery and a component designed to
482-14 facilitate the placement of students with disabilities who cannot
482-15 be appropriately served within their resident districts;
482-16 (5) allow the agency <Central Education Agency> to
482-17 effectively monitor and periodically conduct site visits of all
482-18 school <local> districts to ensure that rules adopted under this
482-19 section are applied in a consistent and uniform manner, to ensure
482-20 that districts are complying with those rules, and to ensure that
482-21 annual statistical reports filed by the districts are accurate and
482-22 complete;
482-23 (6) ensure that appropriately trained personnel are
482-24 involved in the diagnostic and evaluation procedures operating in
482-25 all school <local> districts and that those personnel routinely
482-26 serve on school <local> district admissions, review, and dismissal
482-27 teams;
483-1 (7) ensure that an individualized education plan for
483-2 each student with a disability is properly developed, implemented,
483-3 and maintained in the least restrictive environment that <which> is
483-4 appropriate to meet the student's educational needs;
483-5 (8) ensure that, when appropriate, each student with a
483-6 disability is provided an opportunity to participate in vocational
483-7 and physical education classes, in addition to participation in
483-8 regular or special classes; and
483-9 (9) ensure that each student with a disability is
483-10 provided necessary related services.
483-11 Sec. 29.002 <21.502>. Definitions. In <As used in> this
483-12 subchapter, "special services" means:
483-13 (1) "special instruction <teaching>," which may be
483-14 provided by professional and paraprofessional personnel in the
483-15 regular classroom or in an instructional arrangement described by
483-16 Section 42.151 <following instructional settings:>
483-17 <(A) resource room;>
483-18 <(B) self-contained classroom, regular or
483-19 special campus;>
483-20 <(C) hospital or community class;>
483-21 <(D) homebound or bedside;>
483-22 <(E) speech or hearing therapy class; or>
483-23 <(F) mainstream>; or
483-24 (2) "related services," which are developmental,
483-25 corrective, supportive, or evaluative services, not instructional
483-26 in nature, that may be required for the proper development and
483-27 implementation of a student's individualized educational plan<,
484-1 including but not limited to special transportation, school health
484-2 services, counseling with students or families, psychological
484-3 services, audiological services, visual training, medical or
484-4 psychiatric diagnostic services, occupational therapy, physical
484-5 therapy, recreational therapy, social work services, parent
484-6 counseling and training, adaptive equipment, special seating,
484-7 orientation and mobility training, speech therapy, music therapy,
484-8 and corrective therapy>.
484-9 Sec. 29.003 <21.503>. Eligibility Criteria. (a) The
484-10 commissioner, with the approval of the State Board of Education,
484-11 shall develop specific eligibility criteria based on the general
484-12 classifications established by this section with reference to
484-13 contemporary diagnostic or evaluative terminologies and techniques.
484-14 Eligible students with disabilities shall enjoy the right to a free
484-15 appropriate public education, which may include instruction in the
484-16 regular classroom, instruction through special teaching, or
484-17 instruction through contracts approved under this section.
484-18 Instruction shall be supplemented by the provision of related
484-19 services when appropriate.
484-20 (b) The following students are eligible to participate in a
484-21 school district's special education program:
484-22 (1) a student not more than 21 years of age with a
484-23 visual or auditory impairment that prevents the student from being
484-24 adequately or safely educated in the public schools without the
484-25 provision of special services; and
484-26 (2) a student at least three but not more than 21
484-27 years of age with one or more of the following disabilities that
485-1 prevents the student from being adequately or safely educated in
485-2 the public schools without the provision of special services:
485-3 (A) physical disability;
485-4 (B) mental retardation;
485-5 (C) emotional disturbance;
485-6 (D) learning disability;
485-7 (E) autism; <or>
485-8 (F) speech disability; or
485-9 (G) traumatic brain injury.
485-10 Sec. 29.004 <21.5031>. COMPREHENSIVE ASSESSMENT. A written
485-11 report of a comprehensive individual assessment of a student for
485-12 purposes of special education services shall be completed not later
485-13 than the 60th calendar day following the date on which the <a>
485-14 referral <of the child> for assessment was initiated by school
485-15 personnel, the student's <child's> parent or legal guardian, or
485-16 another appropriate person <individual, group, or organization>.
485-17 The assessment shall be conducted using procedures that are
485-18 appropriate for the student's most proficient method of
485-19 communication.
485-20 <Sec. 21.504. ><Personnel Contracts><. Special education
485-21 personnel may be employed on a full-time, part-time, or
485-22 consultative basis. Any school district may employ special
485-23 education personnel on a 10-, 11-, or 12-month basis. Teachers,
485-24 paraprofessional personnel, or related service personnel employed
485-25 on an extended basis shall, during the extended period of their
485-26 contract, only be engaged in pupil evaluations or in direct service
485-27 delivery to students with disabilities for which the disruption of
486-1 continuous services may result in severe regression.>
486-2 Sec. 29.005 <21.5041>. Individualized Education Program.
486-3 (a) Before a child is enrolled in a special education program of a
486-4 district, the district shall establish a committee composed of the
486-5 persons required under 20 U.S.C. Section 1401(20) <1401(19)> to
486-6 develop <participate in the development of> the child's
486-7 individualized education program.
486-8 (b) The committee shall develop the individualized education
486-9 program by <mutual> agreement of the committee members or, if those
486-10 persons cannot agree, by an alternate method provided by rule of
486-11 the State Board of Education. Majority vote may <shall> not be
486-12 used to determine the individualized education program.
486-13 (c) If the individualized education program is not developed
486-14 by <mutual> agreement, the basis for the disagreement shall be
486-15 included in the written statement of the program required under 20
486-16 U.S.C. Section 1401(20) <1401(19)>.
486-17 Sec. 29.006. CONTINUING ADVISORY COMMITTEE. The governor
486-18 shall appoint a continuing advisory committee, composed of 17
486-19 members, under 20 U.S.C. Section 1413(a)(12). The appointments are
486-20 not subject to confirmation by the senate. Members of the
486-21 committee are appointed for staggered terms of four years with the
486-22 terms of eight or nine members expiring on February 1 of each
486-23 odd-numbered year.
486-24 Sec. 29.007 <21.505>. Cooperatives. In accordance with
486-25 rules adopted by the State Board of Education, school <local>
486-26 districts may jointly operate their special education programs.
486-27 Funds to which the cooperating districts are entitled may be
487-1 allocated to the districts jointly as cooperative units or
487-2 cooperative funds in accordance with the cooperative districts'
487-3 agreement.
487-4 Sec. 29.008 <21.506>. Contracts for Services; Residential
487-5 Placement. (a) Any school <local> district, special education
487-6 cooperative, or regional education service center may contract with
487-7 any public or private facility, institution, or agency within or
487-8 outside of this state for the provision of services to students
487-9 with disabilities under rules adopted by the State Board of
487-10 Education. Contracts for residential placements<, including
487-11 placements with the Texas Department of Mental Health and Mental
487-12 Retardation and its community facilities, Texas School for the
487-13 Blind and Visually Impaired, Texas School for the Deaf, and other
487-14 public or private agencies, institutions, or facilities,> shall be
487-15 approved by the commissioner. The rules shall provide for approval
487-16 of residential placement contracts only after at least a
487-17 programmatic evaluation of personnel qualifications, adequacy of
487-18 physical plant and equipment, and curriculum content. Either the
487-19 whole or a part of a facility or program may be approved. <Rules
487-20 relating to the residential contract approval process shall include
487-21 provisions designed to ensure that no contract is approved which:>
487-22 <(1) involves the delivery of unapproved services;>
487-23 <(2) involves the delivery of services which the
487-24 district is capable of providing or is developing the capability to
487-25 provide; or>
487-26 <(3) is not cost-effective when compared with other
487-27 alternatives.>
488-1 (b) Except as provided by Subsection (c) <of this section>,
488-2 approved contracts for residential placements <when approved> may
488-3 be paid for from a combination of federal, state, and local funds.
488-4 The local share of the total contract cost per student <pupil> is
488-5 that portion of the local tax effort (total dollars generated by
488-6 debt service and maintenance taxes) that <which> exceeds the
488-7 district's local fund assignment under Section 42.252 <16.252>,
488-8 divided by the average daily attendance in the district. If the
488-9 contract involves a private facility, the state share of the total
488-10 contract cost is that which remains after subtracting the local
488-11 share. If the contract involves a public facility, the state share
488-12 is that which remains after subtracting the local share from that
488-13 portion of the contract that <which> involves the costs of
488-14 instructional and related services.
488-15 (c) When a student, including one for whom the state is
488-16 managing conservator, is placed primarily for care or treatment
488-17 reasons in a private residential facility that operates its own
488-18 private education program, none of the <no> costs may <shall> be
488-19 paid from education funds. If a residential placement primarily
488-20 for care or treatment reasons involves a private residential
488-21 facility in which the education program is provided by the <local>
488-22 school district, the portion of the costs that includes appropriate
488-23 education services as determined by the school district's
488-24 admission, review and dismissal committee shall be paid from state
488-25 and federal education funds.
488-26 (d) A <If the> district that contracts for the provision of
488-27 education services rather than providing the services itself <of
489-1 its own accord, then that district> retains the responsibility of
489-2 overseeing the implementation of the student's individualized
489-3 education program as well as the responsibility of annually
489-4 reevaluating <an annual reevaluation of> the appropriateness of the
489-5 arrangement. An approved facility, institution, or agency with
489-6 whom the district contracts shall assume as a part of the contract
489-7 the responsibility of providing the district with periodic reports
489-8 of services the student has received or will receive in accordance
489-9 with the <terms of the> contract as well as diagnostic or other
489-10 evaluative information that <which> the district requires in order
489-11 to fulfill its obligations under this subchapter. The State Board
489-12 of Education shall adopt rules designed to effectuate this
489-13 subsection.
489-14 Sec. 29.009 <21.508>. Public Notice CONCERNING PRESCHOOL
489-15 PROGRAMS FOR STUDENTS WITH DISABILITIES. Each school district
489-16 shall develop a system to notify the population in the district
489-17 with children who are at least three years of age but younger than
489-18 six years of age and who are eligible for enrollment in a special
489-19 education program of the availability of the program.
489-20 Sec. 29.010 <21.509>. Compliance. (a) The agency <Central
489-21 Education Agency> shall monitor school district compliance with
489-22 federal and state laws relating to special education by inspecting
489-23 each school district at the district's facilities. The agency may
489-24 determine the appropriate schedule for and extent of the
489-25 inspection.
489-26 (b) To complete the inspection, the agency must obtain
489-27 information from parents of students in special education programs
490-1 in the district. The State Board of Education shall adopt rules
490-2 that provide a process for obtaining that information.
490-3 (c)<(1)> The State Board of Education shall develop and
490-4 implement a system of sanctions for school districts whose most
490-5 recent monitoring visit shows a failure to comply with major
490-6 requirements of <areas of concern in> the Individuals with
490-7 Disabilities Education <of the Handicapped> Act<, Public Law
490-8 94-142> (20 U.S.C. Section 1400 et seq.), federal regulations,
490-9 state statutes, and State Board of Education rules.
490-10 (d) <(2)> For school districts that remain in noncompliance
490-11 for more than one year, the first stage of sanctions should begin
490-12 with annual or more frequent monitoring visits. Subsequent
490-13 sanctions may range in severity up to the withholding of funds. If
490-14 <Where> funds are withheld, the agency may use the <utilize such>
490-15 funds to provide, through alternative arrangements, services to
490-16 students and staff members in the district from which the funds are
490-17 withheld.
490-18 Sec. 29.011 <21.510>. Transition Planning. (a) The Texas
490-19 <Central> Education Agency, the Texas Department of Mental Health
490-20 and Mental Retardation, and the Texas Rehabilitation Commission
490-21 shall develop, <mutually> agree to, and by rule adopt a memorandum
490-22 of understanding that establishes the respective responsibility of
490-23 each agency for the provision of the services necessary to prepare
490-24 students enrolled in special education programs for a successful
490-25 transition to life outside the public school system.
490-26 (b) The Texas <Central> Education Agency, the Texas
490-27 Department of Mental Health and Mental Retardation, and the Texas
491-1 Rehabilitation Commission may request other appropriate agencies to
491-2 participate in the development of the memorandum of understanding,
491-3 and each agency requested shall <so> participate and adopt the
491-4 memorandum. The memorandum must be <mutually> agreed to by all
491-5 participating agencies.
491-6 (c) The memorandum may require an agency or a school
491-7 district to provide a service only if the agency or school district
491-8 is providing that service at the time the memorandum is adopted.
491-9 The memorandum shall require each participating agency to
491-10 participate in the development of a transition plan required by
491-11 Subsection (e) <of this section> on the request of a school
491-12 district.
491-13 (d) The Texas <Central> Education Agency shall coordinate
491-14 the development of the memorandum of understanding.
491-15 (e) Each school district shall develop and annually review
491-16 an individual transition plan (ITP) for each student enrolled in a
491-17 special education program who is at least 16 years of age. The ITP
491-18 shall be developed in a separate document from the individualized
491-19 education program (IEP) and may <shall> not be considered a part of
491-20 the IEP. The school district shall coordinate development of the
491-21 ITP with any participating agency as provided in the memorandum of
491-22 understanding in order to provide continuity and coordination of
491-23 services among the various agencies and between the ITP and IEP.
491-24 The district shall request the participation in the development of
491-25 the ITP of any participating agency recommended by school personnel
491-26 or requested by the student or the student's parent. The district
491-27 shall invite the student and the student's parents or guardians to
492-1 participate in the development of the ITP. Only those components
492-2 of the ITP that <which> are the responsibility of the district may
492-3 <shall> be incorporated into the student's IEP. Only the failure
492-4 to implement those components of a student's ITP that <which> are
492-5 included in the IEP <and> are <the responsibility of the school
492-6 district shall be> subject to the due process procedures of the
492-7 Individuals with Disabilities Education <of the Handicapped> Act<,
492-8 Public Law 94-142> (20 U.S.C. Section 1400 et seq.) or to Texas
492-9 <Central> Education Agency complaint procedures. The failure of
492-10 the district to develop and annually review an ITP for a student is
492-11 <shall be> subject only to the Texas <Central> Education Agency
492-12 complaint procedures and not to the due process procedures of the
492-13 Individuals with Disabilities Education <of the Handicapped> Act<,
492-14 Public Law 94-142> (20 U.S.C. Section 1400 et seq.). A monitoring
492-15 visit under Section 29.010 <21.509 of this code> shall include a
492-16 review of the transition planning requirements under this section.
492-17 A school district is not liable for the failure of another agency
492-18 to implement those components of the ITP that are designated as the
492-19 responsibility of that agency under the memorandum of
492-20 understanding.
492-21 Sec. 29.012 <21.511>. Intermediate Care Facilities. (a)
492-22 The Texas <Central> Education Agency and the Texas Department of
492-23 Human Services by a cooperative effort shall develop and <each> by
492-24 rule <shall> adopt a memorandum of understanding that establishes
492-25 the respective responsibility of school districts and of
492-26 intermediate care facilities for mentally retarded persons for the
492-27 provision of classrooms and educationally related therapy for
493-1 students who reside in those facilities.
493-2 (b) The division of responsibilities under the memorandum of
493-3 understanding must be consistent with federal law relating to the
493-4 state medical assistance program.
493-5 Sec. 29.013 <21.512>. Noneducational Community-Based Support
493-6 Services for Certain Students With Disabilities. (a) The agency
493-7 <Central Education Agency> shall establish procedures and criteria
493-8 for the allocation of funds appropriated pursuant to this section
493-9 to school districts for the provision of noneducational
493-10 community-based support services to certain students with
493-11 disabilities and their families so that those students may receive
493-12 an appropriate free public education in the least restrictive
493-13 environment.
493-14 (b) The funds may <shall> be used solely for eligible
493-15 students with disabilities who would remain or would have to be
493-16 placed in residential facilities primarily for educational reasons
493-17 without the provision of noneducational community-based support
493-18 services.
493-19 (c) The support services may include in-home family support,
493-20 respite care, and case management for families with a student who
493-21 otherwise would have been placed by a school district in a private
493-22 residential facility.
493-23 (d) The provision of services under this section does not
493-24 supersede or limit the responsibility of other agencies to provide
493-25 or pay for costs of noneducational community-based support services
493-26 to enable any student with disabilities to receive a free
493-27 appropriate public education in the least restrictive environment.
494-1 Specifically, services provided under this section may not be used
494-2 for a student with disabilities who is currently placed or who
494-3 needs to be placed in a residential facility primarily for
494-4 noneducational reasons.
494-5 Sec. 29.014 <21.513>. Pilot Program for Inclusion. The
494-6 agency <Central Education Agency> shall establish procedures and
494-7 criteria for the allocation of funds appropriated under Section
494-8 42.151(m) <16.151(m) of this code> to school districts selected by
494-9 the agency to establish a pilot program for the inclusion of
494-10 students with disabilities in the regular classroom so that those
494-11 students may receive an appropriate free public education in the
494-12 least restrictive environment.
494-13 <Sec. 21.907. ><Deaf and Deaf-Mute Students><. A teacher may
494-14 use the oral, manual, Rochester (combination method), and the
494-15 language of signs methods of instruction in teaching deaf and
494-16 deaf-mute students in any school of this state, subject to the
494-17 recommendation of his supervising teacher.>
494-18 <Sec. 21.911. ><Testing Pupils for Assignment to Special
494-19 Education Classes><. Before a pupil is assigned to a special
494-20 education class, a comprehensive evaluation of the student's
494-21 educational needs shall be conducted using assessment procedures
494-22 that are appropriate for the student's most proficient mode of
494-23 communication.>
494-24 (Sections 29.015-29.050 reserved for expansion
494-25 SUBCHAPTER B <L>. BILINGUAL EDUCATION AND
494-26 SPECIAL LANGUAGE PROGRAMS
494-27 Sec. 29.051 <21.451>. State Policy. English is the basic
495-1 language of this state <the State of Texas>. Public schools are
495-2 responsible for providing full opportunity for all students to
495-3 become competent in speaking, reading, writing, and comprehending
495-4 the English language. The legislature finds that there are large
495-5 numbers of students in the state who come from environments in
495-6 which <where> the primary language is other than English.
495-7 Experience has shown that public school classes in which
495-8 instruction is given only in English are often inadequate for the
495-9 education of those <these> students. The legislature recognizes
495-10 that the mastery of basic English language skills is a prerequisite
495-11 for effective participation in the state's educational program.
495-12 The legislature believes that bilingual education and special
495-13 language programs can meet the needs of those <these> students and
495-14 facilitate their integration into the regular school curriculum.
495-15 Therefore, pursuant to the policy of the state to insure equal
495-16 educational opportunity to every student, and in recognition of the
495-17 educational needs of students of limited English proficiency, it is
495-18 the purpose of this subchapter to provide for the establishment of
495-19 bilingual education and special language programs in the public
495-20 schools and to provide supplemental financial assistance to help
495-21 local school districts meet the extra costs of the programs.
495-22 Sec. 29.052 <21.452>. Definitions. In this subchapter <the
495-23 following words have the indicated meanings>:
495-24 (1) <"Agency" means the Central Education Agency.>
495-25 <(2) "Board" means the governing board of a school
495-26 district.>
495-27 <(3)> "Students of limited English proficiency" means
496-1 students whose primary language is other than English and whose
496-2 English language skills are such that the students have difficulty
496-3 performing ordinary classwork in English.
496-4 (2) <(4)> "Parent" includes a <means the parent(s) or>
496-5 legal guardian <guardian(s)> of a <the> student.
496-6 Sec. 29.053 <21.453>. Establishment of Bilingual Education
496-7 and Special Language Programs. (a) The State Board of Education
496-8 shall adopt rules establishing a procedure for identifying school
496-9 districts that are required to offer bilingual education and
496-10 special language programs in accordance with this subchapter.
496-11 (b) Within the first four weeks following the first day of
496-12 school, the language proficiency assessment committee established
496-13 under Section 29.061 <21.462> shall determine and report to the
496-14 <governing> board of trustees of the school district the number of
496-15 students of limited English proficiency on each campus and shall
496-16 classify them according to the language in which they possess
496-17 primary proficiency. The <governing> board shall report that
496-18 information to the agency before the first day of November each
496-19 year.
496-20 (c) Each school district with <which has> an enrollment of
496-21 20 or more students of limited English proficiency in any language
496-22 classification in the same grade level shall offer a bilingual
496-23 education or special language program.
496-24 (d) Each district that is required to offer bilingual
496-25 education and special language programs under this section shall
496-26 offer the following for students of limited English proficiency:
496-27 (1) bilingual education in kindergarten through the
497-1 elementary grades;
497-2 (2) bilingual education, instruction in English as a
497-3 second language, or other transitional language instruction
497-4 approved by the agency in post-elementary grades through grade 8;
497-5 and
497-6 (3) instruction in English as a second language in
497-7 grades 9-12.
497-8 (e) If a program other than bilingual education must be used
497-9 in kindergarten through the elementary grades, documentation for
497-10 the exception must be filed with and approved by the commissioner
497-11 <of education>, pursuant to the rules of the State Board of
497-12 Education.
497-13 (f) An application for an exception may be filed with the
497-14 commissioner <of education> when an individual district is unable
497-15 to hire a sufficient number of endorsed bilingual teachers to staff
497-16 the required program. The exception must be accompanied by:
497-17 (1) documentation showing that the district has taken
497-18 all reasonable affirmative steps to secure endorsed bilingual
497-19 teachers and has failed;
497-20 (2) documentation showing that the district has
497-21 affirmative hiring policies and procedures consistent with the need
497-22 to serve limited English proficiency students;
497-23 (3) documentation showing that, on the basis of
497-24 district records, no teacher with a bilingual endorsement or
497-25 emergency credentials has been unjustifiably denied employment by
497-26 the district within the past 12 months; and
497-27 (4) a plan detailing specific measures to be used by
498-1 the district to eliminate the conditions that created the need for
498-2 an exception.
498-3 (g) An exception shall be granted under Subsection (f) <of
498-4 this section> on an individual district basis and is valid for only
498-5 one year. Application for an exception a second or succeeding year
498-6 must be accompanied by the documentation set forth in <Subdivisions
498-7 (1), (2), (3), and (4) of> Subsection (f) <of this section>.
498-8 (h) During the period <of time> for which the school
498-9 district is granted an exception under Subsection (f) <of this
498-10 section>, it must use alternative methods approved by the
498-11 commissioner <of education>, pursuant to the rules of the State
498-12 Board of Education, to meet the needs of its students of limited
498-13 English proficiency, including <such as, but not limited to, the>
498-14 hiring <of> teaching personnel on a bilingual emergency permit.
498-15 Sec. 29.054 <21.454>. Program Content; Method of
498-16 Instruction. (a) A <The> bilingual education program established
498-17 by a school district shall be a full-time program of dual-language
498-18 instruction that provides for learning basic skills in the primary
498-19 language of the students <of limited English proficiency who are>
498-20 enrolled in the program<,> and <that provides> for carefully
498-21 structured and sequenced mastery of English language skills. The
498-22 program shall be designed to consider the students' learning
498-23 experiences and shall incorporate the cultural aspects of the
498-24 students' backgrounds.
498-25 (b) A <The> program of instruction in English as a second
498-26 language established by a school district shall be a program of
498-27 intensive instruction in English from teachers trained in
499-1 recognizing and dealing with language differences. The program
499-2 shall be designed to consider the students' learning experiences
499-3 and shall incorporate the cultural aspects of the students'
499-4 backgrounds.
499-5 (c) In subjects such as art, music, and physical education,
499-6 students of limited English proficiency shall participate fully
499-7 with English-speaking students in regular classes provided in the
499-8 subjects.
499-9 (d) Elective courses included in the curriculum may be
499-10 taught in a language other than English.
499-11 (e) Each school district shall insure to students enrolled
499-12 in the program a meaningful opportunity to participate fully with
499-13 other students in all extracurricular activities.
499-14 (f) If money is appropriated for the purpose, the <The>
499-15 State Board of Education shall establish a limited number of pilot
499-16 programs for the purpose of examining alternative methods of
499-17 instruction in bilingual education and special language programs.
499-18 <(g) Districts approved to establish pilot programs as
499-19 required by Subsection (f) of this section shall be allocated an
499-20 amount per student which is equal to the amount per student
499-21 allocated to districts with approved bilingual education programs
499-22 as outlined in this subchapter.>
499-23 Sec. 29.055 <21.455>. Enrollment of Students in Program.
499-24 (a) The State Board of Education by rule shall adopt standardized
499-25 criteria for the identification, assessment, and classification of
499-26 students of limited English proficiency eligible for entry into the
499-27 program or exit from the program. The student's parent must
500-1 approve <be notified of> a student's entry into the program, exit
500-2 from the program, or placement within the program. <A student's
500-3 entry into the program or placement within the program must be
500-4 approved by the student's parents.> The <local> school district or
500-5 parent may appeal the decision under Section 29.062 <21.463 of this
500-6 code. The parent may appeal the decision under Section 21.463 of
500-7 this code>. The criteria for identification, assessment, and
500-8 classification may include<, but are not limited to, the
500-9 following>:
500-10 (1) results of a home language survey conducted within
500-11 four weeks of each student's enrollment <in order> to determine the
500-12 language normally used in the home and the language normally used
500-13 by the student, conducted in English and the home language, signed
500-14 by the student's parents if the student is in kindergarten through
500-15 grade 8 or by the student if the student is in grades 9 through 12,
500-16 and kept in the student's permanent folder by the language
500-17 proficiency assessment committee;
500-18 (2) the results of an agency-approved English language
500-19 proficiency test administered to all students identified through
500-20 the home survey as normally speaking a language other than English
500-21 to determine the level of English language proficiency, with
500-22 students in kindergarten or grade 1 being administered an oral
500-23 English proficiency test and students in grades 2 through 12 being
500-24 administered an oral and written English proficiency test; and
500-25 (3) the results of an agency-approved proficiency test
500-26 in the primary language administered to all students identified
500-27 under Subdivision (2) <of this subsection> as being of limited
501-1 English proficiency to determine the level of primary language
501-2 proficiency, with students in kindergarten or grade 1 being
501-3 administered an oral primary language proficiency test and students
501-4 in grades 2 through 12 being administered an oral and written
501-5 primary language proficiency test.
501-6 (b) Tests under Subsection (a) <of this section> should be
501-7 administered by professionals or paraprofessionals with the
501-8 appropriate English and primary language skills and the training
501-9 required by the test publisher.
501-10 (c) The language proficiency assessment committee may
501-11 classify a student as limited English proficiency if <one or more
501-12 of the following criteria are met>:
501-13 (1) the student's ability in English is so limited or
501-14 the student's disabilities are so severe that assessment procedures
501-15 cannot be administered;
501-16 (2) the student's score or relative degree of
501-17 achievement on the agency-approved English proficiency test is
501-18 below the levels established by the agency as indicative of
501-19 reasonable proficiency;
501-20 (3) the student's primary language proficiency score
501-21 as measured by an agency-approved test is greater than the
501-22 student's <his> proficiency in English; or
501-23 (4) the language proficiency assessment committee
501-24 determines, based on other information, including a <such as (but
501-25 not limited to)> teacher evaluation, parental viewpoint, or student
501-26 interview, that the student's primary language proficiency is
501-27 greater than the student's <his> proficiency in English or that the
502-1 student is not reasonably proficient in English.
502-2 (d) Not later than the 10th day <Within 10 days> after the
502-3 date of the student's classification as a student of limited
502-4 English proficiency, the language proficiency assessment committee
502-5 shall give written notice of the classification to the student's
502-6 parent. The notice must be in English and the parent's primary
502-7 language. The parents of students eligible to participate in the
502-8 required bilingual education program shall be informed of the
502-9 benefits of the bilingual education or special language program and
502-10 that it is an integral part of the school program.
502-11 (e) All records obtained under this section may be retained
502-12 by the language proficiency assessment committee for documentation
502-13 purposes.
502-14 (f) The school district may not refuse instruction in a
502-15 language other than English to a student solely because the student
502-16 has a disability <handicapping condition>.
502-17 (g) With the approval of the school district and a student's
502-18 parents, a student who does not have limited English proficiency
502-19 may also participate in a bilingual education program. The number
502-20 of participating students who do not have limited English
502-21 proficiency may not exceed 40 percent of the students enrolled in
502-22 the program.
502-23 (h) A school district may transfer a student of limited
502-24 English proficiency out of a bilingual education or special
502-25 language program if the student is able to participate equally in a
502-26 regular all-English instructional program as determined by:
502-27 (1) tests administered at the end of each school year
503-1 to determine the extent to which the student has developed oral and
503-2 written language proficiency and specific language skills in both
503-3 the student's primary language and English;
503-4 (2) an achievement score at or above the 40th
503-5 percentile in the reading and language arts sections of an English
503-6 standardized test approved by the agency; and
503-7 (3) other indications of a student's overall progress,
503-8 including <as determined by, but not limited to,>
503-9 criterion-referenced test scores, subjective teacher evaluation,
503-10 and parental evaluation.
503-11 (i) If later evidence suggests that a student who has been
503-12 transferred out of a bilingual education or special language
503-13 program has inadequate English proficiency and achievement, the
503-14 language proficiency assessment committee may reenroll the student
503-15 in the program. Classification of students for reenrollment must
503-16 be based on the criteria required by this section.
503-17 Sec. 29.056 <21.456>. Facilities; Classes. (a) Bilingual
503-18 education and special language programs shall be located in the
503-19 regular public schools of the district rather than in separate
503-20 facilities.
503-21 (b) Students enrolled in bilingual education or a special
503-22 language program shall be placed in classes with other students of
503-23 approximately the same age and level of educational attainment.
503-24 The school district shall insure that the instruction given each
503-25 student is appropriate to the student's <his or her> level of
503-26 educational attainment, and the district shall keep adequate
503-27 records of the educational level and progress of each student
504-1 enrolled in the program.
504-2 (c) The maximum student-teacher ratio shall be set by the
504-3 State Board of Education and shall reflect the special educational
504-4 needs of students enrolled in the programs.
504-5 Sec. 29.057 <21.457>. Cooperation Among Districts. (a) A
504-6 school district may join with one or more <any> other <district or>
504-7 districts to provide the bilingual education and special language
504-8 programs required by this subchapter. The availability of the
504-9 programs shall be publicized throughout the <affected> districts
504-10 involved.
504-11 (b) A school district may allow a nonresident student of
504-12 limited English proficiency to enroll in or attend its bilingual
504-13 education or special language programs if the student's district of
504-14 residence does not provide an <provides no> appropriate program.
504-15 The tuition for the student shall be paid by the district in which
504-16 the student resides.
504-17 Sec. 29.058 <21.458>. Preschool, Summer School, and Extended
504-18 Time Programs. (a) Each district that is required to offer a
504-19 bilingual education or special language program shall offer a
504-20 voluntary program for children of limited English proficiency who
504-21 will be eligible for admission to kindergarten or the first grade
504-22 at the beginning of the next school year. A school that operates
504-23 on a two-semester system shall offer the program during the period
504-24 school is recessed for the summer. A school that operates on any
504-25 other system permitted by this code shall offer 120 hours of
504-26 instruction on a schedule the board of trustees of the district
504-27 establishes.
505-1 (b) Enrollment in the program is optional with the parent of
505-2 the child. In a district that operates on a two-semester system,
505-3 the program must be offered for one-half day for eight weeks or on
505-4 a similar schedule approved by the board of trustees.
505-5 (c) The program must <shall> be an intensive bilingual
505-6 education or special language program that meets standards
505-7 prescribed by rule of the State Board of Education. The
505-8 student/teacher ratio for the program may not exceed 18/1.
505-9 (d) A school district may establish on a full- or part-time
505-10 basis other summer school, extended day, or extended week bilingual
505-11 education or special language programs for students of limited
505-12 English proficiency and may join with other districts in
505-13 establishing the programs.
505-14 (e) The programs required or authorized by this section may
505-15 <shall> not be a substitute for programs required to be provided
505-16 during the regular school year.
505-17 (f) The legislature may appropriate funds from the
505-18 foundation school fund <program> for support of a program under
505-19 Subsection (a) <of this section>.
505-20 Sec. 29.059 <21.459>. Bilingual Education and Special
505-21 Language Program Teachers. (a) The State Board for Educator
505-22 Certification <of Education> shall adopt <promulgate> rules <and
505-23 regulations> governing the issuance of teaching certificates with
505-24 bilingual education endorsements to teachers who possess a
505-25 speaking, reading, and writing ability in a language other than
505-26 English in which bilingual education programs are offered and who
505-27 meet the general requirements set out in Chapter 21 <13 of this
506-1 code>. The board <State Board of Education> shall also adopt
506-2 <promulgate> rules <and regulations> governing the issuance of
506-3 teaching certificates with an endorsement for teaching English as a
506-4 second language. The board <agency> may issue emergency
506-5 endorsements in bilingual education and in teaching English as a
506-6 second language.
506-7 (b) A teacher assigned to a bilingual education program must
506-8 be appropriately certified by the State Board for Educator
506-9 Certification <agency> for bilingual education.
506-10 (c) A teacher assigned to an English as a second language or
506-11 other special language program must be appropriately certified by
506-12 the State Board for Educator Certification <agency> for English as
506-13 a second language.
506-14 (d) <The minimum monthly base pay and increments for
506-15 teaching experience for a bilingual education teacher or a special
506-16 language program teacher are the same as for a classroom teacher
506-17 with an equivalent degree under the Texas State Public Education
506-18 Compensation Plan. The minimum annual salary for a bilingual
506-19 education teacher or a special language program teacher is the
506-20 monthly base salary, plus increments, multiplied by 10, 11, or 12,
506-21 as applicable.>
506-22 <(e)> The district may compensate <out of funds appropriated
506-23 in Subsection (a) of Section 21.460 of this subchapter> a bilingual
506-24 education or special language teacher for participating in a
506-25 continuing education program that <which> is in addition to the
506-26 teacher's regular contract. The continuing education program must
506-27 be designed to provide <gain> advanced bilingual education or
507-1 special language program endorsement or skills.
507-2 (e) <(f) The agency shall be authorized to conduct or
507-3 contract for teacher training for persons in the acquisition of
507-4 endorsements in English as a second language. The agency shall
507-5 determine the amount required for the implementation of this
507-6 subsection.>
507-7 <(g)> The State Board of Education, the State Board for
507-8 Educator Certification <through the commissioner>, and the Texas
507-9 Higher Education Coordinating Board<, Texas College and University
507-10 System,> shall develop a comprehensive plan for meeting the teacher
507-11 supply needs created by the programs outlined in this subchapter.
507-12 Sec. 29.060 <21.461>. Compliance. <(a)> The <legislature
507-13 recognizes that compliance with this subchapter is an imperative
507-14 public necessity. Therefore, pursuant to the policy of the state,
507-15 the> agency shall monitor school district compliance with federal
507-16 requirements relating to bilingual education and special language
507-17 programs and shall impose sanctions as required by federal law
507-18 <state rules by inspecting each school district on site at least
507-19 every three years>.
507-20 <(b) The areas to be monitored include:>
507-21 <(1) program content and design;>
507-22 <(2) program coverage;>
507-23 <(3) identification procedures;>
507-24 <(4) classification procedures;>
507-25 <(5) staffing;>
507-26 <(6) learning materials;>
507-27 <(7) testing materials;>
508-1 <(8) reclassification of students for either entry
508-2 into regular classes conducted exclusively in English or for
508-3 reentry into a bilingual education or special language program; and>
508-4 <(9) activities of the language proficiency assessment
508-5 committee.>
508-6 <(c) Not later than the 30th day after the date of an
508-7 on-site monitoring inspection, the agency shall report its findings
508-8 to the school district and to the division of accreditation.>
508-9 <(d) The agency shall notify a school district found to be
508-10 in noncompliance in writing not later than the 30th day after the
508-11 date of the on-site monitoring. The district shall take immediate
508-12 corrective action.>
508-13 <(e) If a school district fails to or refuses to comply
508-14 after proper notification, the agency shall apply sanctions, which
508-15 may include removal of accreditation, loss of foundation school
508-16 funds, or both.>
508-17 Sec. 29.061 <21.462>. Language Proficiency Assessment
508-18 Committees. (a) The State Board of Education by rule shall
508-19 require districts that are required to offer bilingual education
508-20 and special language programs to establish a language proficiency
508-21 assessment committee.
508-22 (b) Each committee shall be composed of members including
508-23 <but not limited to> a professional bilingual educator,
508-24 professional transitional language educator, a parent of a limited
508-25 English proficiency student, and a campus administrator.
508-26 (c) The language proficiency assessment committee shall:
508-27 (1) review all pertinent information on limited
509-1 English proficiency students, including the home language survey,
509-2 the language proficiency tests in English and the primary language,
509-3 each student's achievement in content areas, and each student's
509-4 emotional and social attainment;
509-5 (2) make recommendations concerning the most
509-6 appropriate placement for the educational advancement of the
509-7 limited English proficiency student after the elementary grades;
509-8 (3) review each limited English proficiency student's
509-9 progress at the end of the school year in order to determine future
509-10 appropriate placement;
509-11 (4) monitor the progress of students formerly
509-12 classified as limited English proficiency who have exited from the
509-13 bilingual education or special language program and, based on the
509-14 information, designate the most appropriate placement for the
509-15 student; and
509-16 (5) determine the appropriateness of a <an extended>
509-17 program that extends <(>beyond the regular school year based<)
509-18 depending> on the needs of each limited English proficiency
509-19 student.
509-20 (d) The State Board of Education by rule may prescribe
509-21 additional duties for language proficiency assessment committees.
509-22 Sec. 29.062 <21.463>. Appeals. A parent of a student
509-23 enrolled in a district offering bilingual education or special
509-24 language programs may appeal to the commissioner <of education
509-25 under Section 11.13 of this code> if the district fails to comply
509-26 with the requirements of law or the rules of the State Board of
509-27 Education. If the parent disagrees with the placement of the
510-1 student in the program, the parent <he or she> may appeal that
510-2 decision to the <local> board of trustees. Appeals shall be in
510-3 accordance with procedures adopted by the commissioner <State Board
510-4 of Education consistent with the appeal of contested cases under
510-5 the Administrative Procedure and Texas Register Act, as amended
510-6 (Article 6252-13a, Vernon's Texas Civil Statutes)>.
510-7 (Sections 29.063-29.080 reserved for expansion
510-8 SUBCHAPTER C <O>. <ASSESSMENT OF BASIC SKILLS AND>
510-9 COMPENSATORY EDUCATION PROGRAMS
510-10 Sec. 29.081 <21.557>. Compensatory and Remedial Instruction.
510-11 (a) Each school district shall use <utilize> the student
510-12 performance data resulting from the basic skills assessment
510-13 instruments and achievement tests administered pursuant to
510-14 Subchapter B, Chapter 39, <this subchapter> to design and implement
510-15 appropriate compensatory or remedial instructional services for
510-16 students in the district's schools.
510-17 (b) Each district shall provide remedial instruction to a
510-18 student enrolled in the district who has taken the secondary
510-19 exit-level or end-of course <exit level> assessment instrument and
510-20 has not performed satisfactorily on each section. The remedial
510-21 instruction must satisfy standards adopted by the State Board of
510-22 Education.
510-23 (c) Each school district shall provide a remedial and
510-24 support program for any student:
510-25 (1) whose achievement test score is below a standard
510-26 established by the State Board of Education; or
510-27 (2) who is at risk of dropping out of school.
511-1 (d) <(e)> A remedial and support program for students at
511-2 risk of dropping out of school must include an evaluative mechanism
511-3 that documents the effectiveness of the program in reducing the
511-4 dropout rate and in increasing achievement in the categories of
511-5 students listed in Subsection (e) <(f) of this section>.
511-6 (e) <(f)> For <the> purposes of this section, "student at
511-7 risk of dropping out of school" includes:
511-8 (1) each student in grade levels seven through 12 who
511-9 is under 21 years of age and who:
511-10 (A) was not advanced from one grade level to the
511-11 next two or more school years;
511-12 (B) has mathematics or reading skills that are
511-13 two or more years below grade level;
511-14 (C) did not maintain an average equivalent to 70
511-15 on a scale of 100 in two or more courses during a semester, or is
511-16 not maintaining such an average in two or more courses in the
511-17 current semester, and is not expected to graduate within four years
511-18 of the date the student begins ninth grade;
511-19 (D) did not perform satisfactorily on an
511-20 assessment instrument administered under Subchapter B, Chapter 39
511-21 <35>; or
511-22 (E) is <a student who is> pregnant or <who> is a
511-23 parent;
511-24 (2) each student in prekindergarten through grade
511-25 level six who:
511-26 (A) did not perform satisfactorily on a
511-27 readiness test or assessment instrument administered at the
512-1 beginning of the school year;
512-2 (B) did not perform satisfactorily on an
512-3 assessment instrument administered under Subchapter B, Chapter 39
512-4 <35>;
512-5 (C) is a student of limited English proficiency,
512-6 as defined by Section 29.052 <21.452 of this code>;
512-7 (D) is sexually, physically, or psychologically
512-8 abused;
512-9 (E) engages in conduct described by Section
512-10 51.03(a), Family Code; or
512-11 (F) is otherwise identified as at risk under
512-12 rules adopted by the State Board of Education; and
512-13 (3) each <nonhandicapped> student who is not disabled
512-14 and who resides in a residential placement facility in a district
512-15 in which the student's parent or legal guardian does not reside,
512-16 including a detention facility, substance abuse treatment facility,
512-17 emergency shelter, psychiatric hospital, halfway house, or foster
512-18 family group home.
512-19 (f) <(g)> The State Board of Education shall adopt rules
512-20 under which a school district may use a private or public
512-21 community-based dropout recovery education program to provide
512-22 alternative education programs for students at risk of dropping out
512-23 of school. The rules must <shall> include provisions for students
512-24 in those <these> programs relating to grades and course credit,
512-25 modifications of instructional time requirements, and methods of
512-26 evaluating subject mastery. The agency <Central Education Agency>
512-27 shall develop guidelines and procedures necessary to assist school
513-1 districts in implementing those <these> rules.
513-2 (g) The <(h) Effective September 1, 1991, the> State Board
513-3 of Education shall adopt rules that enable school districts to
513-4 enroll persons who have dropped out of school but are entitled to
513-5 attend the district's school under Section 25.001 <21.031(b) of
513-6 this code> in alternative education programs operated under
513-7 Subsection (f) <(g) of this section>. The rules shall include
513-8 provisions for including the attendance in the program of those
513-9 persons in the computation of the district's average daily
513-10 attendance for funding purposes.
513-11 (h) <(i)> Each school district shall maintain on file and
513-12 expeditiously make available on the request of a member of the
513-13 <general> public a copy of the report describing the district's
513-14 overall compensatory education program for educationally
513-15 disadvantaged students. The report must include sufficient detail
513-16 to describe the overall compensatory education program offered on
513-17 each campus and the activities and services provided on each campus
513-18 from each funding source. The commissioner <of education> shall
513-19 develop model report formats that districts may use for the report.
513-20 The model formats must be designed to be easily understood by a
513-21 member of the <general> public and may not be overly burdensome for
513-22 districts to prepare. The commissioner shall submit the model
513-23 formats to the standing committees of the senate and house of
513-24 representatives with primary jurisdiction over the public school
513-25 system for comment and may not distribute the formats until the
513-26 commissioner has received and considered those comments. Each
513-27 school district shall prepare and periodically update the
514-1 description of the district's compensatory education program to
514-2 accurately reflect the programs and services currently provided to
514-3 educationally disadvantaged students.
514-4 Sec. 29.082 <21.562>. <State-Funded> Optional Extended Year
514-5 Program. (a) A school district may apply to the commissioner <of
514-6 education> for funding <and approval> of an extended year program
514-7 for a period not to exceed 30 instructional days for students in
514-8 kindergarten through grade level eight who are identified as likely
514-9 not to be promoted to the next grade level for the succeeding
514-10 school year.
514-11 (b) The commissioner may adopt rules for the administration
514-12 of programs provided under this section.
514-13 (c) A school district may not enroll more than 12 students
514-14 in a class provided under this section.
514-15 (d) Each class provided under this section shall be taught
514-16 by a teacher who has completed successfully a program that provides
514-17 training to teach a class under this section and that satisfies
514-18 standards the commissioner establishes.
514-19 (e) A student who attends at least 85 percent of the program
514-20 days of a program under this section shall be promoted to the next
514-21 grade level at the beginning of the next school year unless a
514-22 parent of the student presents a written request to the school
514-23 principal that the student not be promoted to the next grade level.
514-24 As soon as practicable after receiving the request from a parent,
514-25 the principal shall hold a formal meeting with the student's
514-26 parent, extended year program teacher, and counselor. During the
514-27 meeting, the principal, teacher, or counselor shall explain the
515-1 longitudinal statistics on the academic performance of students who
515-2 are not promoted to the next grade level and provide information on
515-3 the effect of retention on a student's self-esteem and on the
515-4 likelihood of a student dropping out of school. After the meeting,
515-5 the parent may withdraw the request that the student not be
515-6 promoted to the next grade level. If the parent of a student
515-7 eligible for promotion under this subsection withdraws the request,
515-8 the student shall be promoted. If a student is promoted under this
515-9 subsection, the school district shall continue to use innovative
515-10 practices to ensure that the student is successful in school in
515-11 succeeding years.
515-12 (f) A school district that provides a program under this
515-13 section shall adopt a policy designed to lead to immediate
515-14 reduction and ultimate elimination of student retention.
515-15 (g) A school district shall provide transportation to each
515-16 student who is required to attend a program under this section and
515-17 who is eligible for regular transportation services <may apply for
515-18 approval under this section only for a pilot program for students
515-19 in grade level one for the 1993-1994 school year and only for a
515-20 pilot program for students in grade levels one and two for the
515-21 1994-1995 school year. The state's share of a pilot program under
515-22 this section may not exceed the amount appropriated for program
515-23 purposes. Funds provided to a pilot program may be used for
515-24 transportation of eligible students. This subsection expires
515-25 September 1, 1995>.
515-26 <Sec. 21.563. ><Optional Extended Year Program><. (a) A school
515-27 district may apply to the commissioner of education for approval to
516-1 provide an extended year program for a period not to exceed 45 days
516-2 for students in kindergarten through grade level eight who would
516-3 otherwise not be promoted.>
516-4 <(b) In order to provide the funding necessary for a program
516-5 approved under this section, with the approval of the commissioner
516-6 a school district may provide a number of days of instruction for
516-7 students during the regular school term that is up to five days
516-8 less than the number otherwise required under Section 16.052(a). A
516-9 school district providing a program under this section is not
516-10 entitled to funding appropriated for purposes of providing programs
516-11 under Section 21.562.>
516-12 <(c) The commissioner of education may adopt rules for the
516-13 administration of programs provided under this section.>
516-14 Sec. 29.083 <21.103>. Tutorial Services. (a) Each school
516-15 district may <shall> provide tutorial services at the district's
516-16 schools.
516-17 (b) A district that provides tutorial services shall <may>
516-18 require a student whose grade in a subject for a grade reporting
516-19 period is lower than 70 on a scale of 100 to attend tutorials <in
516-20 the subject during the following reporting period twice per week or
516-21 more, as determined by the district>.
516-22 (c) A district that provides tutorial services shall <is not
516-23 required to> provide transportation for students who are attending
516-24 tutorials and who are eligible for regular transportation services.
516-25 Sec. 29.084 <21.114>. Parenting Education Program. (a) A
516-26 school district may provide an integrated program of educational
516-27 and support services for students who are pregnant or who are
517-1 parents.
517-2 (b) The program shall include:
517-3 (1) individual counseling, peer counseling, and
517-4 self-help programs;
517-5 (2) career counseling and job readiness training;
517-6 (3) day care for the students' children on the campus
517-7 or at a day care facility in close proximity to the campus;
517-8 (4) transportation for children of students to and
517-9 from the campus or day care facility;
517-10 (5) transportation for students, as appropriate, to
517-11 and from the campus or day care facility;
517-12 (6) instruction in curriculum <essential> elements
517-13 designated by the State Board of Education for the <this> program,
517-14 which must include <essential> elements related to knowledge and
517-15 skills in child development, parenting, and home and family living;
517-16 and
517-17 (7) assistance to students in the program in obtaining
517-18 available services from government agencies or community service
517-19 organizations, including prenatal and postnatal health and
517-20 nutrition programs.
517-21 (c) The district shall solicit recommendations for obtaining
517-22 community support for the students and their children from
517-23 organizations for parents of students in the district and from
517-24 other community organizations.
517-25 (d) School <The Central Education Agency shall adopt rules
517-26 under which school> districts may operate cooperative programs
517-27 under this section.
518-1 (Sections 29.085-29.120 reserved for expansion
518-2 SUBCHAPTER D <Q>. EDUCATIONAL PROGRAMS FOR GIFTED
518-3 AND TALENTED STUDENTS
518-4 Sec. 29.121 <21.651>. Definition. In <As used in> this
518-5 subchapter, "gifted and talented student" means a child or youth
518-6 who performs at or shows the potential for performing at a
518-7 remarkably high level of accomplishment when compared to others of
518-8 the same age, experience, or environment and who:
518-9 (1) exhibits high performance capability in an
518-10 intellectual, creative, or artistic area;
518-11 (2) possesses an unusual capacity for leadership; or
518-12 (3) excels in a specific academic field <student who,
518-13 by virtue of outstanding mental abilities, is capable of high
518-14 performance. The student may demonstrate, singly or in
518-15 combination, above-average achievement or potential in such areas
518-16 as general intellectual ability, specific subject matter aptitude,
518-17 ability in creative and productive thinking, and leadership
518-18 ability. The phrase does not include students who demonstrate
518-19 above-average achievement or potential in areas relating to
518-20 physical abilities>.
518-21 Sec. 29.122 <21.652>. Establishment. Using criteria
518-22 established by the State Board of Education, each <Each> school
518-23 district shall adopt a process for identifying gifted and talented
518-24 students in the school district's population and<, not later than
518-25 the 1990-1991 school year,> shall establish a program for those
518-26 students in each grade level. A school district may establish a
518-27 cooperative program with one or more other districts.
519-1 <Sec. 21.653. ><Student Participants><. Students shall be
519-2 identified as gifted and talented for a program under this
519-3 subchapter through the use of criteria established by the State
519-4 Board of Education.>
519-5 Sec. 29.123 <21.655>. State Plan, Assistance. The State
519-6 Board of Education shall develop and periodically update a state
519-7 plan for the education of <the> gifted and talented students to
519-8 guide local education agencies in establishing and improving
519-9 programs for students identified as gifted and talented. The
519-10 regional education service centers may <Central Education Agency
519-11 shall> assist local education agencies in implementing the state
519-12 plan <development of planned programs which are appropriately
519-13 designed to meet the special needs of gifted and talented
519-14 students>. In addition to obtaining assistance from a regional
519-15 education service center, a local education agency may obtain other
519-16 assistance in implementing the plan.
519-17 (Sections 29.124-29.150 reserved for expansion
519-18 SUBCHAPTER E. KINDERGARTEN AND PREKINDERGARTEN PROGRAMS
519-19 Sec. 29.151 <21.131>. Free Kindergarten. The board of
519-20 trustees of each school district <in Texas> shall establish and
519-21 maintain as a part of the public free schools of the <said>
519-22 district one or more kindergartens for the training of children
519-23 residing in the <said> district who are at least five years of age
519-24 on September 1 of the school <at the beginning of the scholastic>
519-25 year.
519-26 Sec. 29.152 <21.135>. Operation of Kindergartens on Full-Day
519-27 or Half-Day Basis. A public school kindergarten may be operated on
520-1 a half-day or a full-day basis at the option of the <governing>
520-2 board of trustees of the school district.
520-3 Sec. 29.153 <21.136>. Prekindergarten. (a) Any school
520-4 district may offer prekindergarten classes, but a district shall
520-5 offer prekindergarten classes if the district identifies 15 or more
520-6 eligible children who are at least four years of age. A school
520-7 district may offer prekindergarten classes if the district
520-8 identifies 15 or more eligible children who are at least three
520-9 years of age.
520-10 (b) To be eligible for enrollment in a prekindergarten class
520-11 a child must be at least three years of age and must be:
520-12 (1) unable to speak and comprehend the English
520-13 language; or
520-14 (2) from a family whose income, according to standards
520-15 set by the State Board of Education, is at or below subsistence
520-16 level.
520-17 (c) Prekindergarten classes shall be operated on a half-day
520-18 basis. A district is not required to provide transportation for
520-19 prekindergarten classes, but transportation, if provided, is
520-20 included for funding purposes as part of the regular transportation
520-21 system.
520-22 (d) On application of a school district, the commissioner
520-23 <of education> may exempt a district from the application of this
520-24 section if the district would be required to construct classroom
520-25 facilities in order to provide prekindergarten classes.
520-26 (e) <(f)> Each school district shall develop a system to
520-27 notify the population in the district with children who are
521-1 eligible for enrollment in a prekindergarten class of the
521-2 availability of the class. The system must include public notices
521-3 issued in English and Spanish.
521-4 (f) <(g)> A district's prekindergarten program shall be
521-5 designed to develop skills necessary for success in the regular
521-6 public school curriculum, including language, mathematics, and
521-7 social skills.
521-8 (g) If a school district contracts with a private entity for
521-9 the operation of the district's prekindergarten program, at
521-10 <(h) At> a minimum, the <a school district prekindergarten>
521-11 program must comply with the applicable child care licensing
521-12 standards adopted by the Texas Department of Human Services under
521-13 Section 42.042, Human Resources Code. The State Board of Education
521-14 by rule shall ensure the school district's compliance with the
521-15 applicable standards.
521-16 <(i) Before a school district may initiate a new
521-17 prekindergarten program, the district shall investigate the
521-18 possibility of sharing program sites with existing child care
521-19 programs licensed by the Texas Department of Human Services and
521-20 existing federal Head Start programs and shall coordinate use of
521-21 these sites to the greatest extent possible. The school district
521-22 shall also investigate and implement to the greatest extent
521-23 possible coordinated use of licensed child care and Head Start
521-24 sites with existing prekindergarten programs.>
521-25 Sec. 29.154. EVALUATION OF PREKINDERGARTEN PROGRAMS. The
521-26 commissioner of education, in consultation with the commissioner of
521-27 human services, shall monitor and evaluate prekindergarten programs
522-1 as to their developmental appropriateness. The commissioners shall
522-2 also evaluate the potential for coordination on a statewide basis
522-3 of prekindergarten programs with government-funded early childhood
522-4 care and education programs such as child care administered under
522-5 Chapter 44, Human Resources Code, and federal Head Start programs.
522-6 This evaluation shall use recommendations contained in the report
522-7 to the 71st Legislature required by Chapter 717, Acts of the 70th
522-8 Legislature, Regular Session, 1987. For the purpose of providing
522-9 cost-effective care for children during the full work day with
522-10 developmentally appropriate curriculum, the commissioners shall
522-11 investigate the use of existing child care program sites as
522-12 prekindergarten sites. Following the evaluation required by this
522-13 section, the commissioners, in cooperation with school districts
522-14 and other program administrators, shall integrate programs, staff,
522-15 and program sites for prekindergarten, child care, and federal Head
522-16 Start programs to the greatest extent possible.
522-17 (Sections 29.155-29.180 reserved for expansion
522-18 SUBCHAPTER F. VOCATIONAL EDUCATION PROGRAM
522-19 Sec. 29.181 <21.113>. STATE <MASTER> PLAN FOR VOCATIONAL
522-20 EDUCATION. (a) The State Board of Education and the Council on
522-21 Workforce and Economic Competitiveness, jointly, shall prepare and
522-22 biennially update a state <master> plan for vocational education
522-23 that <in Texas which> sets forth objectives for vocational
522-24 education for the next biennium and long-term goals for the
522-25 following five years.
522-26 (b) <The master plan design must include the provision of
522-27 vocational programs through public school districts and public
523-1 postsecondary institutions and the support of those programs by
523-2 private employers and proprietary schools. The vocational programs
523-3 must be designed to meet the needs of new and emerging occupations
523-4 listed on the State Board of Education priority list of occupations
523-5 and to meet the needs of special population groups such as persons
523-6 who are disabled, disadvantaged persons, and adults.>
523-7 <(c)> The state <master> plan must include procedures
523-8 designed to ensure that:
523-9 (1) all secondary and postsecondary students <in
523-10 Texas> have the opportunity to participate in vocational education
523-11 programs;
523-12 (2) the state complies with requirements for
523-13 supplemental federal vocational education funding; and
523-14 (3) vocational education is established as a part of
523-15 the total education system of this state <the State of Texas>.
523-16 <(d) The State Board of Education shall develop the master
523-17 plan with information and advice from the Texas Council on
523-18 Vocational Education, from other concerned departments and agencies
523-19 of state government, from local school districts and postsecondary
523-20 institutions, from local advisory councils, and from private and
523-21 proprietary organizations and institutions. The State Board of
523-22 Education shall hold a public hearing annually prior to its final
523-23 approval of the master plan or update of the master plan.>
523-24 <(e) It is the intent of the legislature that the plan be
523-25 designed to meet the needs of the State of Texas for vocational
523-26 education, in contrast to a plan which is only a document for
523-27 compliance with federal laws and regulations.>
524-1 <(f) The State Board of Education shall issue annually, not
524-2 later than September 30, a schedule of activities involved in
524-3 preparing and updating the master plan and shall make the schedule
524-4 available to all persons concerned with the planning of vocational
524-5 education in the state.>
524-6 <(g) The State Board of Education shall evaluate
524-7 quantitatively and qualitatively vocational programs and the
524-8 progress under and compliance with the master plan and shall
524-9 biennially report its findings to the legislature, the governor,
524-10 and the Texas Council on Vocational Education.>
524-11 Sec. 29.182 <21.111>. Vocational and Other Educational
524-12 Programs. (a) The board of trustees of any <public free> school
524-13 district may <of this state, subject to rules and regulations of
524-14 the State Board of Education heretofore and hereafter adopted, is
524-15 hereby authorized and empowered to> conduct and supervise
524-16 vocational classes and other educational programs for public school
524-17 students and for other persons of all ages<;> and spend <whenever
524-18 it deems necessary to expend> local maintenance funds for the cost
524-19 of those classes and programs <thereof>.
524-20 (b) In developing a vocational program, the board of
524-21 trustees shall consider the state plan for vocational education
524-22 required under Section 29.181. The board shall adopt the program
524-23 in cooperation with the Council on Workforce and Economic
524-24 Competitiveness and local workforce development boards under the
524-25 Workforce and Economic Competitiveness Act (Article 5190.7a,
524-26 Vernon's Texas Civil Statutes) and shall provide for operating the
524-27 program in conjunction with existing postsecondary vocational
525-1 programs in the area. <For purposes of conducting and/or
525-2 supervision by the district of such vocational classes and other
525-3 educational programs for students of any and all ages, said board
525-4 of trustees is hereby authorized and empowered to purchase, acquire
525-5 or lease real or personal property; to contract or enter into
525-6 agreements with any department or agency of the United States or
525-7 this state, subject to rules and regulations prescribed by the
525-8 State Board of Education as pertaining to such educational
525-9 programs; and to contract or enter into agreements with any person,
525-10 partnership, firm or corporation pertaining to the local operation
525-11 and supervision of such programs by the district.>
525-12 Sec. 29.183 <21.1111>. Contracts With Other Schools for
525-13 Vocational Classes. (a) The board of trustees of a school
525-14 district may contract with another school district or with a public
525-15 or private post-secondary educational institution or trade or
525-16 technical school that<, which> is regulated by this state <the
525-17 State>, as designated in the state plan for vocational education
525-18 required under Section 29.181 <State Plan for Vocational Education>
525-19 to provide vocational classes for students in the district.
525-20 (b) A student <pupil> who attends vocational classes at
525-21 another school pursuant to a contract authorized by <in> Subsection
525-22 (a) shall be included in the <computations of> average daily
525-23 attendance by the school district in which the student <he> is
525-24 regularly enrolled.
525-25 <(c) Any agreement entered into under the provisions of this
525-26 section shall be subject to the rules and regulations of the State
525-27 Board of Vocational Education, and the cost to the State shall not
526-1 exceed the cost that would result if the classes were operated by
526-2 the school district entering into the agreement.>
526-3 <(e) The instructors teaching in private schools, which are
526-4 contracting with public schools for instruction of public school
526-5 students, shall be eligible for the same in-service teacher
526-6 education opportunities provided by the State for public school
526-7 teachers.>
526-8 Sec. 29.184 <21.112>. <APPROVAL AND REVIEW OF> VOCATIONAL
526-9 PROGRAM RULES <PROGRAMS>. <(a)> The State Board of Education
526-10 shall adopt rules for vocational-technical education in public
526-11 schools as necessary to comply with federal law.
526-12 <(b) Each vocational program must be approved by the State
526-13 Board of Education. Criteria to be used for granting approval
526-14 shall be set forth in the rules of the State Board of Education.>
526-15 <(c) Priority shall be given to requests for vocational
526-16 programs specifically identified on a list of priority occupations
526-17 approved by the State Board of Education. The state board shall
526-18 annually update the priority list for use by school districts in
526-19 planning vocational programs.>
526-20 <(d) Prior to requesting a new vocational program, a
526-21 district shall undertake a cost study to determine if it is more
526-22 cost-effective to operate its own program than to undertake a
526-23 contractual agreement with another school district, with a public
526-24 or private postsecondary institution, or with a trade or technical
526-25 school to provide the vocational program for students in the school
526-26 district.>
526-27 <(e) All new, additional, and continuing vocational programs
527-1 shall offer competency-based instruction. Instruction must be
527-2 based on the essential elements approved by the State Board of
527-3 Education.>
527-4 <(f) All new and additional vocational program requests must
527-5 include a plan for articulation between the proposed vocational
527-6 program and existing postsecondary programs in the area.>
527-7 <(g) The State Board of Education rules shall set forth
527-8 minimum enrollments for each type of vocational program. The
527-9 minimum enrollment must be maintained by a district in order to
527-10 receive full funding. The rules must also contain procedures for
527-11 adjusting funding entitlements downward for enrollments below
527-12 minimum levels.>
527-13 <(h) A district may employ vocational personnel on 10-, 11-,
527-14 or 12-month contracts, in accordance with the rules adopted by the
527-15 State Board of Education.>
527-16 <(i) A district may assign vocational teachers to teach
527-17 other subject areas in which the teachers are certified or to other
527-18 duties as necessary. Vocational funding for the teachers assigned
527-19 nonvocational duties will be reduced by an amount equal to the
527-20 portion of the school day during which those duties are performed.>
527-21 <(j) A district may use vocational program facilities and
527-22 equipment for nonvocational instructional programs. Each district
527-23 shall develop guidelines denoting responsibility for program
527-24 facilities and equipment when being used for nonvocational
527-25 instructional purposes.>
527-26 <(k) A district shall give priority to using employer-based
527-27 facilities for vocational training in occupations in which rapid
528-1 technological advancements make it impractical to develop in-school
528-2 laboratory programs.>
528-3 <(l) Working in conjunction with the State Job Training
528-4 Coordinating Council, the State Board of Education and public
528-5 school districts shall consider developing training programs for
528-6 adults, to include displaced workers, using existing school
528-7 facilities and personnel at times when the facilities or personnel
528-8 are not being used for in-school students.>
528-9 <(m) From funds available under Section 16.155 of this code,
528-10 the State Board of Education may establish incentives for districts
528-11 to utilize industry personnel as part-time instructors or as a part
528-12 of team teaching.>
528-13 <(n) Beginning with the 1985-1986 school year, each district
528-14 enrolling a student in a vocational program shall consider the
528-15 suitability of established vocational curricula for the student and
528-16 the adequacy of the student's academic preparation for admission to
528-17 a particular vocational curriculum. A district may enroll students
528-18 with special learning needs in vocational programs specifically
528-19 designed to serve those needs, in accordance with rules adopted by
528-20 the State Board of Education.>
528-21 <Sec. 21.115. VOCATIONAL EDUCATION INTEGRATED DELIVERY
528-22 SYSTEM. (a) The master plan for vocational education under
528-23 Section 21.113 of this code shall provide for an integrated
528-24 delivery system that is designed to:>
528-25 <(1) meet local, regional, and statewide needs for
528-26 vocational education programs;>
528-27 <(2) provide vocational education services in a
529-1 systematic, nonduplicative manner;>
529-2 <(3) determine priorities for vocational education
529-3 program offerings in each service delivery region established under
529-4 this section; and>
529-5 <(4) maintain a central data base on all institutions,
529-6 both public and private, that provide vocational education.>
529-7 <(b) The State Board of Education shall provide in the
529-8 master plan for the establishment of vocational education service
529-9 delivery regions throughout the state. The regions shall have the
529-10 same boundaries as the state planning regions delineated by the
529-11 governor.>
529-12 <(c) The State Board of Education shall establish in the
529-13 master plan:>
529-14 <(1) priorities for local, regional, and statewide
529-15 service plans; and>
529-16 <(2) the composition of regional planning committees
529-17 that shall coordinate service delivery in each region.>
529-18 (Sections 29.185-29.200 reserved for expansion
529-19 SUBCHAPTER G. PUBLIC EDUCATION SCHOLARSHIP PROGRAM
529-20 Sec. 29.201. PURPOSE. A system of public free schools may
529-21 be established to allow parents of educationally disadvantaged
529-22 children the freedom to choose between a public or a free school
529-23 for their children and to financially support that choice.
529-24 Sec. 29.202. DEFINITION. In this subchapter, "free school"
529-25 means a nongovernmental educational establishment that exists for
529-26 the general education of elementary or secondary students and that
529-27 accepts funding from state and local sources as provided by this
530-1 subchapter in lieu of tuition for some or all of its students.
530-2 Sec. 29.203. PUBLIC EDUCATION SCHOLARSHIP PROGRAM; PARENTAL
530-3 CHOICE. (a) The State Board of Education shall designate not more
530-4 than 20 school districts, containing not more than 10 percent of
530-5 the state's students, to participate in a public education
530-6 scholarship program as provided by this subchapter. The board
530-7 shall give priority to districts that have a high proportion of
530-8 educationally disadvantaged students.
530-9 (b) A child is eligible to receive a public education
530-10 scholarship if the child:
530-11 (1) is eligible to attend school under Section 25.001
530-12 in a school district participating in the public education
530-13 scholarship program;
530-14 (2) was enrolled in a public or free school the
530-15 preceding year; and
530-16 (3) is educationally disadvantaged.
530-17 (c) A school district participating in the public education
530-18 scholarship program shall notify the parent, guardian, or custodian
530-19 of each child who is eligible under Subsection (b) of the child's
530-20 eligibility to attend a free school as provided by this subchapter.
530-21 (d) Notwithstanding any other provision of this code, each
530-22 educationally disadvantaged child in a participating school
530-23 district is eligible to attend either a public school in the
530-24 district or the free school chosen for the child by the child's
530-25 parent, guardian, or custodian as provided by this subchapter. In
530-26 the absence of a choice or objection by the parent, guardian, or
530-27 custodian, an eligible child is entitled to choose to attend any
531-1 free school of the child's choice.
531-2 (e) A child may attend private school but may not receive
531-3 funding from state and local sources for that purpose under this
531-4 subchapter. In this subsection, "private school" means a
531-5 nongovernmental educational establishment that does not accept
531-6 funding from state and local sources as provided by this subchapter
531-7 in lieu of tuition.
531-8 Sec. 29.204. FINANCING. (a) Each school district that has
531-9 free school students residing within the district is entitled to
531-10 receive state funding as provided by Chapter 42 and other law.
531-11 (b) A child eligible under Section 25.001 to attend school
531-12 in a participating school district but who attends a free school
531-13 under this subchapter and who registers that free school choice
531-14 with the district shall be considered in determining the district's
531-15 average daily attendance under Section 42.005. The commissioner
531-16 shall adopt a procedure that a free school shall use to report the
531-17 average daily attendance of any student for whom the free school is
531-18 receiving public education scholarship funds under this subchapter.
531-19 (c) A child's public education scholarship is the total
531-20 amount of funding per student, including both state and local
531-21 funding, for the district in which the child resides. Total
531-22 funding from state and local sources includes textbook allotments
531-23 under Chapter 31 and special allotments under Subchapter C, Chapter
531-24 42, but does not include small district, sparsity, and cost of
531-25 education adjustments and allotments for technology, teacher
531-26 compensation, and transportation. A child's public education
531-27 scholarship is the entitlement of the child, under the supervision
532-1 of the child's parent, guardian, or custodian, is not an
532-2 entitlement of any school of any kind, and is paid to the school
532-3 solely as a means of administrative convenience.
532-4 (d) An eligible child who attends a free school is entitled
532-5 to the lesser of 90 percent of the child's public education
532-6 scholarship or the actual tuition charged by the free school. A
532-7 free school may not charge an eligible child attending the school
532-8 under this subchapter tuition in addition to the public education
532-9 scholarship. The school district the child would otherwise attend
532-10 on the basis of residence is entitled to the remainder of the
532-11 child's public education scholarship funds.
532-12 (e) A school district shall offer each child attending a
532-13 free school under this subchapter transportation free of charge to
532-14 and from the public school the child would otherwise attend.
532-15 Sec. 29.205. CONDITIONS FOR RECEIPT OF FUNDS BY FREE
532-16 SCHOOLS. (a) To receive a child's public education scholarship
532-17 funds, the free school selected for or by the child must certify to
532-18 the comptroller that it has complied with the conditions imposed by
532-19 this section.
532-20 (b) A free school may not refuse to enroll a child on the
532-21 basis of the child's residence, race, national origin, ethnic
532-22 background, religion, physical or mental disability, or academic
532-23 achievement. A free school may refuse to enroll a child who has
532-24 been expelled or placed in an alternative school for disciplinary
532-25 reasons.
532-26 (c) Each free school shall provide, either directly or
532-27 contractually with other free schools or public schools, the
533-1 educational services required by law for each child with a
533-2 disability attending the school. The cost of providing those
533-3 services is part of that child's public education scholarship. A
533-4 child's individual education plan developed by the school district
533-5 of the child's residence shall determine the nature of the services
533-6 to be provided.
533-7 (d) A free school shall use a portion of the public
533-8 education scholarship funds it receives to provide lunch and
533-9 transportation to the school for educationally disadvantaged
533-10 students attending the school under this subchapter.
533-11 (e) A free school may not assess any additional charges for
533-12 the provision of educational programs and services to a student for
533-13 whom the school is receiving state and local funds under this
533-14 subchapter. A free school may charge a fee that a school board is
533-15 authorized to charge under Section 12.109.
533-16 (f) A free school that has more public education scholarship
533-17 applicants than available positions must give priority to students
533-18 at risk of dropping out of school as defined by Section 29.081 and
533-19 must fill the available positions by lottery. However, to achieve
533-20 continuity in education, a free school may give preference over
533-21 at-risk students to enrolled students and to the siblings of
533-22 enrolled students residing in the same household or other children
533-23 residing in the same household as enrolled students for the
533-24 convenience of parents, guardians, or custodians of those children.
533-25 Sec. 29.206. NONSTATE ACTION AND FREE SCHOOL AUTONOMY. (a)
533-26 Except as required by federal law, including the Individuals With
533-27 Disabilities Education Act (20 U.S.C. Section 1400 et seq.), a free
534-1 school is not an agent or instrumentality of government, and the
534-2 conduct of the free school is governed by law governing private
534-3 conduct rather than law governing state action. The purpose of
534-4 this subchapter is to allow maximum freedom to the private sector
534-5 to respond to educational needs without excessive government
534-6 control, and this subchapter shall be liberally construed to
534-7 achieve that purpose.
534-8 (b) The commissioner and the comptroller may not in any way
534-9 regulate the educational program of a free school.
534-10 Sec. 29.207. ACCOUNTABILITY. (a) Each free school shall
534-11 report to the commissioner concerning the school's performance on
534-12 the academic excellence indicators listed in Section 39.051. Each
534-13 free school shall administer an assessment instrument required
534-14 under Subchapter B, Chapter 39, in the same manner as the
534-15 assessment instrument is administered to public school students.
534-16 To ensure the security of the assessment instrument and the
534-17 validity of the results, the commissioner shall adopt rules and
534-18 procedures for the administration of state-required assessment
534-19 instruments in free schools.
534-20 (b) For the purpose of demonstrating the effectiveness of
534-21 the public education scholarship program, the commissioner shall
534-22 report and publish student assessment results in a manner that
534-23 allows comparisons between educationally disadvantaged students
534-24 attending free schools and educationally disadvantaged students
534-25 attending public schools. The commissioner's report must show
534-26 statewide results and district and campus results, if district and
534-27 campus results can be included without directly or indirectly
535-1 identifying the students assessed. Copies of the commissioner's
535-2 report shall be made available for public inspection at each public
535-3 school and free school.
535-4 Sec. 29.208. DUTIES OF COMPTROLLER. The comptroller shall
535-5 adopt forms, procedures, and rules governing the payment of public
535-6 education scholarships to the free schools on behalf of parents,
535-7 guardians, and custodians of those students attending free schools.
535-8 The comptroller's procedures shall provide for payment to a free
535-9 school only after services are provided.
535-10 Sec. 29.209. This subchapter expires January 1, 2000.
535-11 (Sections 29.210-29.900 reserved for expansion
535-12 SUBCHAPTER Z. MISCELLANEOUS PROGRAMS
535-13 Sec. 29.901 <21.110>. Military Instruction. (a) In all
535-14 school districts in which <wherein> military instruction is
535-15 conducted pursuant to a state or federal law requiring the district
535-16 to give bond or otherwise indemnify this state <the State of Texas>
535-17 or the United States or any authorized agency of either in an
535-18 amount and on <upon> conditions determined by any agency under that
535-19 <authority of and pursuant to such> law for the care, safe-keeping,
535-20 and return of property furnished, the board of trustees may <of the
535-21 school district shall have authority to>:
535-22 (1) make contracts with the proper governmental agency
535-23 with respect to the teaching of <such> courses in military
535-24 training; and
535-25 (2) execute, as principal or surety, a bond <or bonds>
535-26 to secure the contracts to procure <for the purpose of procuring>
535-27 arms, ammunition, animals, uniforms, equipment, supplies, means of
536-1 transportation, or other needed property.
536-2 (b) In <those> school districts in which <wherein> military
536-3 instruction is given as provided by <in> Subsection (a) <of this
536-4 Section>, available school funds may be spent <expended> to:
536-5 (1) procure from any guaranty or surety company any
536-6 bond <or bonds> authorized by Subsection (a) <above>, in the <such>
536-7 amount and on the <such> conditions <as may be> required by the
536-8 governmental agency; or
536-9 (2) reimburse this state <the State of Texas> or the
536-10 United States for any loss pursuant to the terms of any contract
536-11 entered into.
536-12 <Sec. 21.102. DRIVER EDUCATION. (a) The Central Education
536-13 Agency shall develop a program of organized instruction in driver
536-14 education and traffic safety for public school students. A student
536-15 who will be 15 years of age or older before a driver education and
536-16 traffic safety course ends may enroll in the course.>
536-17 <(b) With the approval of the State Board of Education, the
536-18 commissioner of education shall establish standards for the
536-19 certification of professional and paraprofessional personnel who
536-20 conduct the programs in the public schools.>
536-21 CHAPTER 30. STATE AND REGIONAL PROGRAMS AND SERVICES
536-22 <REHABILITATION OF HANDICAPPED AND DISABLED>
536-23 SUBCHAPTER A. GENERAL PROVISIONS
536-24 Sec. 30.001 <11.103>. Coordination of Services to Children
536-25 With Disabilities. (a) In this section, "children with
536-26 disabilities" means students eligible to participate in a school
536-27 district's special education program under <has the meaning
537-1 described in> Section 29.003 <21.503 of this code>.
537-2 (b) The commissioner <of education>, with the approval of
537-3 the State Board of Education, shall develop and implement a plan
537-4 for the coordination of services to children with disabilities in
537-5 <within> each region <geographical area> served by a regional
537-6 education service center. The plan must <shall> include<, but may
537-7 not be limited to,> procedures for:
537-8 (1) identifying existing public or private educational
537-9 and related services for children with disabilities in each region;
537-10 (2) identifying and referring children with
537-11 disabilities who cannot be appropriately served by the school
537-12 district in which they reside to other appropriate programs;
537-13 (3) assisting school districts to individually or
537-14 <and> cooperatively <to> develop programs to identify and provide
537-15 appropriate services for children with disabilities;
537-16 (4) expanding and coordinating services provided by
537-17 regional education service centers <which are related to programs>
537-18 for children with disabilities; and
537-19 (5) providing for special services, including <such
537-20 as> special seats, books, instructional media, and other
537-21 supplemental supplies and services required for proper <quality>
537-22 instruction.
537-23 (c) The commissioner may allocate appropriated funds to
537-24 regional education service centers or <and> may otherwise spend
537-25 <expend> those funds, as necessary, to implement <the provisions
537-26 of> this section.
537-27 Sec. 30.002 <11.052>. Education for Children With Visual
538-1 Impairments. (a) The agency <Central Education Agency> shall
538-2 develop and administer a comprehensive statewide plan for the
538-3 education of children with visual impairments who are under 21
538-4 years of age that <which> will ensure that the children have an
538-5 opportunity for achievement equal to the opportunities afforded
538-6 their peers with normal vision.
538-7 (b) The agency <Central Education Agency> shall <be
538-8 responsible for>:
538-9 (1) develop <the development of> standards and
538-10 guidelines for all special education services for children with
538-11 visual impairments that <which> it is authorized to provide or
538-12 support under <pursuant to the provisions of> this code<, including
538-13 matters related to standards and accreditation>;
538-14 (2) supervise regional education service centers in
538-15 assisting <the supervision of such field offices as might from time
538-16 to time be established to assist local> school districts in serving
538-17 children with visual impairments more effectively;
538-18 (3) develop and administer <the development and
538-19 administration of> special education services for students
538-20 <programs for children> with both serious visual <loss> and
538-21 auditory impairments <serious hearing loss>;
538-22 (4) evaluate <the evaluation of> special education
538-23 services provided for children with visual impairments by <local>
538-24 school districts and approve or disapprove <the approval or
538-25 disapproval> of state funding of those <such> services; and
538-26 (5) maintain an <the maintenance of> effective liaison
538-27 between special education programs provided for children with
539-1 visual impairments by <local> school districts and related
539-2 initiatives of <exerted by> the Texas Commission for the Blind, the
539-3 Texas Department of Mental Health and Mental Retardation, the Texas
539-4 School for the Blind and Visually Impaired, and other related
539-5 programs, agencies, or facilities as appropriate.
539-6 (c) The <minimum components of the> comprehensive statewide
539-7 plan for the education of children with visual impairments must
539-8 <shall include but not be limited to the following>:
539-9 (1) adequately provide <adequate provision> for
539-10 comprehensive diagnosis and evaluation of each school-age child
539-11 having a serious visual impairment;
539-12 (2) include the procedures, format, and content of the
539-13 individualized education program for each child with a visual
539-14 impairment <impairments>;
539-15 (3) emphasize <emphasis on> providing educational
539-16 services to children with visual impairments in their home
539-17 communities whenever possible;
539-18 (4) include methods to ensure <assure> that children
539-19 with visual impairments receiving special education services in
539-20 <local> school districts <systems> receive, before <prior to> being
539-21 placed in a classroom setting or within a reasonable time after
539-22 placement <thereafter>, the training in compensatory skills
539-23 <training>, communicative skills, orientation and mobility
539-24 <training>, and social adjustment skills, and the vocational or
539-25 career counseling, required <in order> for those <such> students to
539-26 succeed in classroom settings and to derive lasting, practical
539-27 benefits <of a practical nature> from the education <obtained> in
540-1 the <local> school district <systems>;
540-2 (5) provide for flexibility on the part of <the local>
540-3 school districts <systems> to meet the special needs of children
540-4 with visual impairments through:
540-5 (A) specialty staff and resources provided by
540-6 the <local school> district;
540-7 (B) contractual arrangements with other
540-8 qualified public or private agencies<, either public or private>;
540-9 (C) supportive assistance from regional
540-10 education service centers<, field offices of the Central Education
540-11 Agency,> or adjacent school districts;
540-12 (D) short-term or long-term services through the
540-13 Texas School for the Blind and Visually Impaired or related <types
540-14 of> facilities or programs; or
540-15 (E) other instructional and service arrangements
540-16 approved by the agency; <or>
540-17 <(F) any combination of the foregoing;>
540-18 (6) include a statewide admission, review, and
540-19 dismissal process;
540-20 (7) provide <provision> for effective interaction
540-21 <interreaction> between the visually impaired child's classroom
540-22 setting and the child's <his> home environment, including providing
540-23 <provision> for parental training and counseling either by <local>
540-24 school district staff <personnel> or by representatives of other
540-25 organizations directly involved in the development and
540-26 implementation of the individualized education program for the
540-27 child;
541-1 (8) require <a requirement for> the continuing
541-2 education and professional development of <local> school district
541-3 staff providing special education services to children with visual
541-4 impairments;
541-5 (9) provide for adequate monitoring and precise
541-6 evaluation of special education services provided to children with
541-7 visual impairments through <local> school districts; and
541-8 (10) require <a requirement> that <local> school
541-9 districts providing special education services to children with
541-10 visual impairments develop procedures for assuring that staff
541-11 assigned to work with the children have prompt and effective access
541-12 directly to resources available through:
541-13 (A) cooperating agencies in the area;
541-14 (B) <, through> the Texas School for the Blind
541-15 and Visually Impaired;
541-16 (C) <, through> the Central Media Depository for
541-17 specialized instructional materials and aids made specifically for
541-18 use by students with visual impairments;
541-19 (D) <, the Comprehensive Diagnostic and
541-20 Evaluation Center,> sheltered workshops participating in the state
541-21 program of purchases of blind-made goods and services;<,> and
541-22 (E) related sources <types of resources>.
541-23 (d) In developing, administering, and coordinating the
541-24 statewide plan <for the education of children with visual
541-25 impairments>, the agency shall encourage the use of all pertinent
541-26 resources, whether those <such> resources exist in special
541-27 education programs or in closely related programs operated by other
542-1 public or private agencies, through encouraging the development of
542-2 cooperative working relationships and by assisting in the
542-3 development of contractual arrangements between <local> school
542-4 districts and other organizations. The<, and it shall be the duty
542-5 of the> agency shall <to> discourage interagency competition,
542-6 overlap, and duplication in the development of specialized
542-7 resources and the delivery of services.
542-8 (e) Each <Every> eligible blind or visually impaired student
542-9 is entitled to <shall> receive <the> educational programs according
542-10 to an individualized education program that <which>:
542-11 (1) is <shall be> developed in accordance with federal
542-12 and state requirements for providing special education services
542-13 <following adequate diagnosis and evaluation of all pertinent
542-14 medical, psychological, social, cultural, environmental, and
542-15 related factors which bear on the individual's ability to benefit
542-16 from educational programs>;
542-17 (2) is <shall be jointly> developed by a committee
542-18 composed as required by federal law <representative of an
542-19 educational program who is qualified and experienced in working
542-20 with individuals with serious visual loss, by the blind or visually
542-21 impaired individual and his parent or guardian, and by
542-22 representatives of other public or private organizations providing
542-23 or capable of providing specialized services which tend to assure
542-24 greater effectiveness of the educational effort exerted in behalf
542-25 of the blind or visually impaired individual>;
542-26 (3) <specifies in measurable terms the goals and
542-27 objectives to be accomplished as a result of the educational and
543-1 specialized services to be provided by the various organizations
543-2 working with the blind or visually impaired individual;>
543-3 <(4) specifies the time by which each service is to be
543-4 initiated, the anticipated duration of each service, and the time
543-5 within which the objectives and goals of the services might be
543-6 achieved;>
543-7 <(5) contains a procedure and schedule for periodic
543-8 review and evaluation of progress toward established objectives and
543-9 goals based on objective criteria and contains a record of the
543-10 reviews and evaluations;>
543-11 <(6) summarizes the views of the blind or visually
543-12 impaired individual, or as appropriate, his parent or guardian or
543-13 other representative concerning his goals and objectives and the
543-14 special services being provided;>
543-15 <(7) outlines the obligations undertaken by the
543-16 individual's family in connection with the individualized education
543-17 program, including family commitments regarding physical
543-18 restoration services, procurement of optical aids, and related
543-19 services;>
543-20 <(8)> reflects that the student <individual> has been
543-21 provided a detailed explanation of the various service resources
543-22 available to the student in <him within> the community and
543-23 throughout the state;
543-24 (4) provides a detailed description of <(9) reflects
543-25 that the individualized education program has been reviewed as
543-26 frequently as necessary, but in no event less than once annually,
543-27 by competent educational authorities, representatives of
544-1 cooperating organizations, the individual, and his parent or
544-2 guardian and that the individualized education program has been
544-3 modified, refined, or redeveloped in a manner consistent with
544-4 determinations made through such review;>
544-5 <(10) describes in detail> the arrangements made to
544-6 provide the blind or visually impaired student <individual> with
544-7 orientation and mobility training, instruction in braille or use of
544-8 large print, other training to compensate for serious visual loss,
544-9 access to special media<,> and special tools, appliances, aids, or
544-10 devices commonly used <utilized> by individuals with serious visual
544-11 impairments <losses>; and
544-12 (5) sets <(11) sets> forth the plans and arrangements
544-13 made for contacts with and continuing services to the student
544-14 beyond regular school hours to ensure the student learns the skills
544-15 and receives the training required under Subsection (c)(4) <blind
544-16 or visually impaired individual during periods in which he might
544-17 not be involved in school programs>.
544-18 (f) In the development of the individualized education
544-19 program for a functionally blind student, <there is a presumption
544-20 that> proficiency in braille <Braille> reading and writing is
544-21 presumed to be essential for the student's satisfactory educational
544-22 progress. Each functionally blind student is entitled to braille
544-23 <Braille> reading and writing instruction that is sufficient to
544-24 enable the student to communicate with the same level of
544-25 proficiency as other students of comparable ability who are at the
544-26 same grade level. Braille instruction may be used in combination
544-27 with other special education services appropriate to the student's
545-1 educational needs. The assessment of each functionally blind
545-2 student for the purpose of developing the student's individualized
545-3 education program must include documentation of the student's
545-4 strengths and weaknesses in braille <Braille> skills. Each person
545-5 assisting in the development of a functionally blind student's
545-6 individualized education program shall receive information
545-7 describing the benefits of braille <Braille> instruction. Each
545-8 functionally blind student's individualized education program must
545-9 <shall:>
545-10 <(1)> specify the appropriate learning medium based on
545-11 the assessment report<;> and
545-12 <(2)> ensure that instruction in braille <Braille>
545-13 will be provided by a teacher certified to teach students with
545-14 visual impairments.
545-15 <(g)> For purposes of this subsection <section>, the agency
545-16 <Central Education Agency> shall determine the criteria for a
545-17 student to be classified as functionally blind.
545-18 Sec. 30.003 <21.507>. Support of Students Referred to Texas
545-19 School for the Blind and Visually Impaired or Texas School for the
545-20 Deaf. (a) For each student enrolled in the Texas School for the
545-21 Blind and Visually Impaired or the Texas School for the Deaf, the
545-22 school district that is responsible for providing appropriate
545-23 special education services to the student shall share the cost of
545-24 the student's education as provided by this section.
545-25 (b) If the student is admitted to the school for a full-time
545-26 program for the equivalent of two long semesters, the district's
545-27 share of the cost is an amount equal to the dollar amount of
546-1 maintenance and debt service taxes imposed by the district for that
546-2 year divided by the district's <gross> average daily attendance for
546-3 the preceding <prior> year.
546-4 (c) If the student is admitted for a program less than two
546-5 complete semesters in duration, other than a summer program, the
546-6 district's share of the cost is an amount equal to the amount that
546-7 would be the district's share under Subsection (b) <of this
546-8 section> for a full-time program multiplied by the quotient
546-9 resulting from the number of full-time equivalent days in the
546-10 program divided by 175.
546-11 (d) Each school district and state institution shall provide
546-12 to the commissioner <of education> the necessary information to
546-13 determine the district's share under this section. The information
546-14 must be reported to the commissioner on or before a date set by
546-15 rule of the State Board of Education. After determining the amount
546-16 of a district's share for all students for which the district is
546-17 responsible, the commissioner shall deduct that amount from the
546-18 payments of foundation school funds payable to the district. Each
546-19 deduction shall be in the same percentage of the total amount of
546-20 the district's share as the percentage of the total foundation
546-21 school fund entitlement being paid to the district at the time of
546-22 the deduction, except that the amount of any deduction may be
546-23 modified to make necessary adjustments or to correct errors. The
546-24 commissioner shall provide for remitting the amount deducted to the
546-25 appropriate school at the same time at which the remaining funds
546-26 are distributed to the school district.
546-27 (e) Each district shall provide each parent or other person
547-1 having lawful control of a student with written information about:
547-2 (1) the availability of programs offered by state
547-3 institutions for which the district's students may be eligible;
547-4 (2) the eligibility requirements and admission
547-5 conditions imposed by each of those state institutions; and
547-6 (3) the rights of students in regard to admission to
547-7 those state institutions and in regard to appeal of admission
547-8 decisions.
547-9 (f) The State Board of Education may adopt rules as
547-10 necessary to implement this section and shall adopt rules
547-11 prescribing the form and content of information required by
547-12 Subsection (e) <of this section>.
547-13 (g) The Texas School for the Blind and Visually Impaired and
547-14 the Texas School for the Deaf may provide directly to parents or
547-15 other persons having lawful control of students the written
547-16 information described by <in> Subsection (e) <of this section> and
547-17 may use <utilize> the information obtained pursuant to Section 13,
547-18 Chapter 776, Acts of the 70th Legislature, Regular Session, 1987,
547-19 to satisfy Subsection (e) <fulfill to this function>.
547-20 (h) <Sec. 11.031. ><Allocations of Certain Revenue to Texas
547-21 School for the Deaf and Texas School for the Blind and Visually
547-22 Impaired.> The commissioner <of education>, with the assistance of
547-23 the comptroller <of public accounts>, shall determine the amount
547-24 that the Texas School for the Blind and Visually Impaired and the
547-25 Texas School for the Deaf would have received from the available
547-26 school fund if Chapter 28 <H.B. No. 72>, Acts of the 68th
547-27 Legislature, 2nd Called Session, 1984, had not transferred
548-1 statutorily dedicated taxes from the available school fund to the
548-2 foundation school fund. That amount, minus any amount the schools
548-3 do receive from the available school fund, shall be set apart as a
548-4 separate account in the foundation school fund and appropriated to
548-5 those schools for educational purposes.
548-6 (Sections 30.004-30.020 reserved for expansion
548-7 SUBCHAPTER B. TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED
548-8 Sec. 30.021 <11.062>. PURPOSE <FUNCTIONS AND PURPOSES> OF
548-9 TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED. (a) The Texas
548-10 School for the Blind and Visually Impaired is a state agency
548-11 established to provide educational services to blind or visually
548-12 impaired persons under 21 years of age as follows <created, funded,
548-13 and operated for the following functions and purposes>:
548-14 (1) to provide a free appropriate public education on
548-15 a residential basis to:
548-16 (A) blind and visually impaired <handicapped>
548-17 children and youth if <when> the school is the least restrictive
548-18 environment consistent with the child's individualized education
548-19 program and the criteria for admission to and dismissal from the
548-20 school; and
548-21 (B) multiply disabled <handicapped> blind
548-22 children and youth when the school is the least restrictive
548-23 environment consistent with the child's individualized education
548-24 program and the criteria for admission to and dismissal from the
548-25 school;
548-26 (2) to provide short-term services to blind children
548-27 and youth for the purpose of equipping those <such> blind children
549-1 and youth to be able to benefit from educational services available
549-2 in their <local> communities;
549-3 (3) to serve as the primary catalyst in <within> the
549-4 state for promoting greater excellence and relevance in educational
549-5 services for blind individuals;
549-6 (4) to serve as a resource to <local> school programs
549-7 in their <throughout the state in connection with the> efforts <of
549-8 local school programs> to serve blind and visually impaired
549-9 <handicapped> individuals effectively;
549-10 (5) to serve as a mechanism for training and ongoing
549-11 staff development for persons <those who are> involved in providing
549-12 educational and closely related services to blind or visually
549-13 impaired <handicapped> children and youth in <local> communities
549-14 throughout the state;
549-15 (6) to serve as a research and demonstration facility
549-16 for developing:
549-17 (A) <through which new and> improved methods of
549-18 providing educational services <are developed> to meet the current
549-19 and future educational needs of blind and visually impaired
549-20 <handicapped> children and youth; and
549-21 (B) <through which are developed new and>
549-22 innovative methods of applying the most advanced medical
549-23 technology, scientific achievement, and psychological and social
549-24 knowledge to solve the educational problems of blind and visually
549-25 impaired <handicapped> children or youth; and
549-26 (7) to cooperate with <any and all other> public or
549-27 private organizations, as appropriate, in more effectively
550-1 implementing, through effective interagency coordination and
550-2 vigorous interagency communication, those provisions of this code
550-3 that relate to the education of the blind and visually impaired
550-4 <handicapped>, as well as those provisions of closely related state
550-5 statutes.
550-6 (b) The school district in which a student resides is
550-7 responsible for assuring that a free appropriate public education
550-8 is provided to each district student placed in the regular school
550-9 year program of the Texas School for the Blind and Visually
550-10 Impaired.
550-11 (c) If the Texas School for the Blind and Visually Impaired
550-12 disagrees with a school district's individualized education program
550-13 committee recommendation that a student be evaluated for placement,
550-14 initially placed, or retained in placement at the school, the
550-15 district or the school may seek resolution according to a procedure
550-16 established by the commissioner or through any due process hearing
550-17 the district or school is entitled to under the Individuals with
550-18 Disabilities Education Act, 20 U.S.C. Section 1400 et seq.
550-19 Sec. 30.022 <11.061>. Governance <Management and
550-20 Supervision> of the Texas School for the Blind and Visually
550-21 Impaired. (a) The Texas School for the Blind and Visually
550-22 Impaired is governed by a nine-member board appointed by the
550-23 governor in accordance with this section and confirmed by the
550-24 senate. <Three of the members must be blind persons, three must
550-25 each be a parent of a blind person, and three must be experienced
550-26 in working with blind persons.> A person may not serve
550-27 simultaneously on the board and the Texas Commission for the Blind.
551-1 The board shall be composed of:
551-2 (1) three members who are blind or visually impaired,
551-3 at least one of whom has received educational services related to
551-4 the blindness or visual impairment;
551-5 (2) three members who are working or have worked as
551-6 professionals in the field of delivering services to persons who
551-7 are blind or visually impaired; and
551-8 (3) three members, each of whom is the parent of a
551-9 child who is blind or visually impaired, and at least one of whom
551-10 is the parent of a child who, at the time of the parent's
551-11 appointment, is receiving educational services related to the
551-12 blindness or visual impairment.
551-13 (b) Members of the board serve for terms of six years, with
551-14 the terms of three members expiring on January 31 of each
551-15 odd-numbered year.
551-16 (c) Members of the board serve without salary but are
551-17 entitled to reimbursement for actual and necessary expenses
551-18 incurred in carrying out official duties.
551-19 (d) The board shall organize and conduct itself in the same
551-20 manner as an independent school district board of trustees to the
551-21 extent that the organization does not conflict with the board's
551-22 responsibilities relating to the status of the school as a state
551-23 agency.
551-24 (e) The board shall prepare or provide for preparation of a
551-25 biennial <and present the annual> budget request for the school for
551-26 presentation to the legislature.
551-27 (f) Except as otherwise provided by this subsection, an
552-1 action <Actions> of the board may be appealed <in writing to the
552-2 commissioner of education, who, after due notice to the parties
552-3 interested, shall hold a hearing and render a decision without cost
552-4 to the parties involved, but nothing contained in this section
552-5 shall deprive any party of any legal remedy. The decision of the
552-6 commissioner may be appealed> to a district court in Travis County.
552-7 An action of the board related to a dismissal during the term of a
552-8 professional contract or a nonrenewal of a professional contract
552-9 may be appealed to the commissioner in the manner prescribed by
552-10 Subchapter J or K, Chapter 21.
552-11 (g) <The chief administrative officer of the Texas School
552-12 for the Blind and Visually Impaired shall be its superintendent,
552-13 who is empowered to take all necessary and appropriate action to
552-14 carry out the functions and purposes of the school, pursuant to
552-15 such general policies as the board might from time to time
552-16 prescribe, and subject only to a requirement of reporting not less
552-17 than quarterly to the board as to his activities, progress in the
552-18 implementation of general policies prescribed by the board, matters
552-19 of programmatic exceptionality, general statistical summaries of
552-20 services provided by the school during the period covered by the
552-21 report, budget matters of major consequence or concern, and such
552-22 additional matters as the board might from time to time request to
552-23 be specifically covered in the superintendent's reports.>
552-24 <(h)> The board has exclusive jurisdiction over the physical
552-25 assets of the school and shall administer and spend <expend>
552-26 appropriations made for the benefit of the school.
552-27 Sec. 30.023 <11.07>. Superintendent of the Texas School for
553-1 the Blind and Visually Impaired. (a) To be eligible to be
553-2 appointed and serve as superintendent a person must:
553-3 (1) hold an advanced degree;
553-4 (2) have training and experience in the education of
553-5 students with visual impairments and in the administration of a
553-6 program serving students with visual impairments; and
553-7 (3) satisfy any other requirement the board
553-8 establishes. <The superintendent of the Texas School for the Blind
553-9 and Visually Impaired shall be a graduate of an accredited
553-10 university or college and shall have a minimum of four years of
553-11 educational administrative experience, at least two years of which
553-12 shall have been in the education or supervisory training of the
553-13 blind.>
553-14 (b) The superintendent may reside at the school <and shall
553-15 devote his time exclusively to the duties of his office>.
553-16 (c) The superintendent is appointed by <and serves at the
553-17 pleasure of> the governing board of the school.
553-18 (d) The superintendent is the chief administrative officer
553-19 of the school. The superintendent shall take any necessary and
553-20 appropriate action to carry out the functions and purposes of the
553-21 school according to any general policy the board prescribes.
553-22 (e) At least once each quarter, the superintendent shall
553-23 report to the board concerning the superintendent's activities,
553-24 progress in implementing any general policy prescribed by the
553-25 board, any exceptional matter relating to the program, general
553-26 statistical summaries of services provided by the school during the
553-27 period covered by the report, budget matters of major consequence
554-1 or concern, and any additional matter the board requests to be
554-2 specifically included in the report.
554-3 <Sec. 11.071. TRAVEL AND CLOTHING EXPENSES FOR CERTAIN BLIND
554-4 STUDENTS. Economically deprived children attending the Texas
554-5 School for the Blind and Visually Impaired shall be entitled to the
554-6 same clothing and travel benefits as are allowed under Section
554-7 11.051 of this code for economically deprived children attending
554-8 the Texas School for the Deaf.>
554-9 <Sec. 11.08. MEDICAL SERVICES FOR THE TEXAS SCHOOL FOR THE
554-10 BLIND AND VISUALLY IMPAIRED. Appropriate ophthalmological or
554-11 optometric services shall be provided to examine and treat all
554-12 students at the Texas School for the Blind and Visually Impaired in
554-13 relation to their ophthalmic needs. Other specialty medical and
554-14 psychological services may be provided as specified in the
554-15 student's individualized education program.>
554-16 Sec. 30.024. STAFFING OF TEXAS SCHOOL FOR THE BLIND AND
554-17 VISUALLY IMPAIRED. (a) In this section:
554-18 (1) "Classified employee" means an employee who is not
554-19 employed under contract and whose position is classified under
554-20 Chapter 654, Government Code, or the General Appropriations Act.
554-21 (2) "Contract employee" means an educational
554-22 professional, other than a teacher's aide or full-time
554-23 administrator, whose position requires certification by the State
554-24 Board for Educator Certification and who, for at least five hours
554-25 each school day:
554-26 (A) teaches in an academic or vocational
554-27 instructional environment; or
555-1 (B) performs school library functions.
555-2 (b) A contract employee of the Texas School for the Blind
555-3 and Visually Impaired:
555-4 (1) shall be paid in accordance with a salary
555-5 structure that the superintendent adopts and the board of the
555-6 school approves and that includes a salary equal, on a daily-rate
555-7 basis, to a salary paid to an employee in a similar position in the
555-8 Austin Independent School District;
555-9 (2) is not eligible for longevity pay under Subchapter
555-10 D, Chapter 659, Government Code;
555-11 (3) may not be given more paid holidays and vacation
555-12 days than the number of paid holidays and vacation days the Austin
555-13 Independent School District provides in the case of a district
555-14 employee in a similar position; and
555-15 (4) is eligible for sick leave and personal leave
555-16 accrual in the amount given and according to the schedule followed
555-17 in the case of an employee in a similar position in the Austin
555-18 Independent School District.
555-19 (c) If the superintendent authorizes a contract or
555-20 classified employee of the school whose position is exempt from the
555-21 overtime provisions of the Fair Labor Standards Act, 29 U.S.C.
555-22 Section 201 et seq., to perform an additional duty outside the
555-23 employee's normal work schedule, the school may pay the employee an
555-24 extra duty stipend.
555-25 Sec. 30.025 <11.063>. <STAFFING AND> FUNDING OF TEXAS SCHOOL
555-26 FOR THE BLIND AND VISUALLY IMPAIRED <AND THE TEXAS SCHOOL FOR THE
555-27 DEAF>. <(a) With the concurrence of the Board of the Texas School
556-1 for the Blind and Visually Impaired or the Texas School for the
556-2 Deaf, the superintendent of the respective school is authorized to
556-3 adopt a salary structure for the school with maximum levels not to
556-4 exceed an amount equivalent to the maximum salary levels of the
556-5 five local independent school districts offering the highest
556-6 salaries, and not less than those of the Austin Independent School
556-7 District, including consideration of employee benefits, being paid
556-8 to staff employed for the special education of children with
556-9 severely disabling handicaps.>
556-10 <(b)> The funding of the Texas School for the Blind and
556-11 Visually Impaired <or the Texas School for the Deaf> shall consist
556-12 of:
556-13 (1) money <such amounts as might be> specifically
556-14 appropriated to the school by the legislature;
556-15 (2) money <such sums which> the agency allocates
556-16 <Central Education Agency makes available> to the school under
556-17 <pursuant to other provisions of> this code;
556-18 (3) money paid under <budgets developed through>
556-19 contracts or other <and> agreements;
556-20 (4) money <amounts> received through gifts and
556-21 bequests; <and>
556-22 (5) payments from <local> school districts in amounts
556-23 provided by Section 30.003 <21.507 of this code>; and
556-24 (6) the school's share of the available school fund.
556-25 Sec. 30.026 <11.0611>. Sunset Provision. The governing
556-26 board of the Texas School for the Blind and Visually Impaired is
556-27 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
557-1 continued in existence as provided by that chapter, the board is
557-2 abolished September 1, 2003.
557-3 Sec. 30.027 <11.09>. Lease of Certain Property of Texas
557-4 School for the Blind and Visually Impaired. (a) The Texas School
557-5 for the Blind and Visually Impaired may lease available real
557-6 property on the school's campus located at 1100 West 45th Street,
557-7 Austin, Travis County, to a private, nonprofit corporation that
557-8 provides print-handicapped persons with auditory materials. The
557-9 lease must provide that the corporation must use the property for
557-10 those services.
557-11 (b) In determining the fair market consideration for the
557-12 lease, actual benefits to be received by the school, the school's
557-13 students, and the blind and visually impaired community in the
557-14 state may be considered.
557-15 (c) The asset management division of the General Land Office
557-16 shall negotiate the terms of the lease, determine the most suitable
557-17 location for the lease, and close the transaction on behalf of the
557-18 school as provided by Subchapter E, Chapter 31, Natural Resources
557-19 Code. The asset management division is not required to transact
557-20 the lease by sealed bid or public auction.
557-21 (d) Proceeds from the real estate transaction conducted
557-22 under this section shall be deposited to the credit of the general
557-23 revenue fund.
557-24 <Sec. 11.091. ><Diagnostic and Evaluation Center><. (a) The
557-25 Texas School for the Blind and Visually Impaired shall establish a
557-26 comprehensive diagnostic and evaluation center and program in
557-27 Austin for multiply handicapped blind children and youth. The
558-1 center shall be operated on a cooperative, interagency basis under
558-2 the general coordination of the school.>
558-3 <(b) To the maximum extent feasible and practicable, the
558-4 diagnostic and evaluation center shall utilize resources available
558-5 in the Austin area through the Texas Commission for the Blind, the
558-6 Texas School for the Blind and Visually Impaired, the Criss Cole
558-7 Rehabilitation Center, the State Department of Mental Health and
558-8 Mental Retardation, the University of Texas, and other public or
558-9 private organizations in the area.>
558-10 <(c) The purposes and functions of the diagnostic and
558-11 evaluation center are:>
558-12 <(1) to provide thorough diagnostic studies of
558-13 multiply handicapped blind children and youth, to determine the
558-14 nature and scope of special education and related services needed
558-15 by the individuals, which studies shall at the minimum consist of a
558-16 comprehensive evaluation of pertinent medical, psychological,
558-17 social, cultural, environmental, and related factors which bear on
558-18 the individual's ability to benefit from educational programs and
558-19 which bear on the types of special services the individual needs in
558-20 order to obtain maximum benefits from educational services;>
558-21 <(2) to develop scientifically valid instruments,
558-22 methodologies, and procedures for measuring in a useful and
558-23 meaningful manner the total developmental assets and deficiencies
558-24 that relate to the capacity of a multiply handicapped blind child
558-25 or youth to benefit from educational programs and to prepare for a
558-26 full and useful life as an independent, contributing member of
558-27 society;>
559-1 <(3) to test, develop, demonstrate, and help implement
559-2 concepts, formats, and processes for establishing, executing,
559-3 periodically reviewing, and from time to time modifying
559-4 individualized education programs for all blind or visually
559-5 handicapped children or youth participating in educational programs
559-6 within the State of Texas;>
559-7 <(4) to stimulate and assist in the development of
559-8 more adequate diagnostic and evaluative resources in other
559-9 communities for blind and visually handicapped children and youth
559-10 throughout the state, experimenting with a variety of new and
559-11 innovative methods for providing such diagnostic and evaluative
559-12 services at the community level with a view toward ultimately
559-13 assuring timely and convenient access to the diagnostic and
559-14 evaluative resources required for developing and carrying out
559-15 individualized education programs with optimum effectiveness; and>
559-16 <(5) to develop new and innovative methods for
559-17 applying the most advanced medical technology, scientific
559-18 achievement, and psychological and social knowledge to solve the
559-19 educational problems of blind and visually handicapped children or
559-20 youth.>
559-21 <(d) The costs of the comprehensive diagnostic and
559-22 evaluation center and program, including initial costs of
559-23 establishment and recurrent costs of operation, shall be defrayed
559-24 through such sums as the legislature might appropriate for these
559-25 purposes, through such grants, gifts, bequests, and donations as
559-26 the cooperating agencies might receive for the establishment and
559-27 support of the center and program, through reasonable fees charged
560-1 to organizations requesting diagnostic and evaluative services for
560-2 multiply handicapped blind children and youth, and through such
560-3 budgets as might be developed by the cooperating agencies with
560-4 interagency contracts.>
560-5 (Sections 30.028-30.050 reserved for expansion
560-6 SUBCHAPTER C. TEXAS SCHOOL FOR THE DEAF
560-7 Sec. 30.051. PURPOSE OF TEXAS SCHOOL FOR THE DEAF. (a) The
560-8 Texas School for the Deaf is a state agency established to provide
560-9 educational services to persons under 21 years of age who are deaf
560-10 or hard of hearing. The school shall provide:
560-11 (1) comprehensive educational services, on a day or
560-12 residential basis, to students who are deaf or hard of hearing;
560-13 (2) short-term services to any student who is deaf or
560-14 hard of hearing so that the student may better achieve educational
560-15 results from services available in the student's community; or
560-16 (3) services for any student who is deaf or hard of
560-17 hearing and also has an additional disability and who requires a
560-18 specialized support program but does not require a residential
560-19 treatment facility.
560-20 (b) The school shall serve as a primary statewide resource
560-21 center promoting excellence in education for students who are deaf
560-22 or hard of hearing through research, training, and demonstration
560-23 projects.
560-24 (c) The school shall work in partnership with state,
560-25 regional, and local agencies to provide new or improved programs or
560-26 methods to serve the previously unmet or future needs of persons
560-27 throughout the state who are deaf or hard of hearing.
561-1 Sec. 30.052 <11.03>. GOVERNANCE <SUPERVISION> OF THE TEXAS
561-2 SCHOOL FOR THE DEAF. (a) The Texas School for the Deaf is
561-3 governed by a nine-member board appointed by the governor in
561-4 accordance with this section and confirmed by the senate. A person
561-5 may not serve simultaneously on the board and the Texas Commission
561-6 for the Deaf and Hearing Impaired. Each member of the board must
561-7 be a person who is experienced in working with persons who are deaf
561-8 or hard of hearing, a person who is the parent of a person who is
561-9 deaf, or a person who is deaf. The board, at least five of whom
561-10 must be deaf, consists of:
561-11 (1) at least <three persons who are deaf,> one person
561-12 who is <of whom must be> an alumnus of the Texas School for the
561-13 Deaf;
561-14 (2) at least three persons who are parents of a deaf
561-15 person<, one of whom must be deaf>; and
561-16 (3) at least three persons who are experienced in
561-17 working with deaf persons<, one of whom must be deaf>.
561-18 (b) Members of the board serve for terms of six years, with
561-19 the terms of three members expiring on January 31 of each
561-20 odd-numbered year.
561-21 (c) Members of the board serve without salary but are
561-22 entitled to reimbursement for actual and necessary expenses
561-23 incurred in carrying out official duties.
561-24 (d) The board shall organize and conduct itself in the same
561-25 manner as an independent school district board of trustees to the
561-26 extent that the organization does not conflict with the board's
561-27 responsibilities relating to the status of the school as a state
562-1 agency.
562-2 (e) The board shall prepare or provide for preparation of a
562-3 biennial <and present the annual> budget request for the school for
562-4 presentation to the legislature.
562-5 (f) Except as otherwise provided by this subsection, an
562-6 action <Actions> of the board may be appealed <in writing to the
562-7 commissioner of education, who, after due notice to the parties
562-8 interested, shall hold a hearing and render a decision without cost
562-9 to the parties involved, but nothing contained in this section
562-10 shall deprive any party of any legal remedy. The decision of the
562-11 commissioner may be appealed> to a district court in Travis County.
562-12 An action of the board related to a dismissal during the term of a
562-13 professional contract or a nonrenewal of a professional contract
562-14 may be appealed to the commissioner of education in the manner
562-15 prescribed by Subchapter J or K, Chapter 21.
562-16 (g) The board has exclusive jurisdiction over the physical
562-17 assets of the school and shall administer and expend appropriations
562-18 to carry out the purposes <made for the benefit> of the school as
562-19 provided by Section 30.051.
562-20 <(h) The superintendent of the school is appointed by and
562-21 serves at the pleasure of the governing board of the school.>
562-22 <(i) The Texas School for the Deaf shall:>
562-23 <(1) provide educational services on a day or
562-24 residential basis to deaf students for whom adequate educational
562-25 opportunities are unavailable in their local or regional programs;>
562-26 <(2) provide short-term services to deaf students so
562-27 that they may be better able to benefit from educational services
563-1 available in their local communities;>
563-2 <(3) provide services for deaf students with other
563-3 disabilities who cannot be effectively assisted through community
563-4 programs but whose developmental capacities are such that they
563-5 should not be admitted to residential institutions operated by the
563-6 Texas Department of Mental Health and Mental Retardation;>
563-7 <(4) be a primary resource to school districts for
563-8 promoting excellence in educational services for hearing-impaired
563-9 students;>
563-10 <(5) be a training and staff development resource for
563-11 those at the community level who are involved in providing
563-12 educational and related services to hearing-impaired students; and>
563-13 <(6) be a research and demonstration facility to
563-14 improve methods of providing educational services to meet the
563-15 current and future needs of hearing-impaired students.>
563-16 <(j) The financial transactions of the Texas School for the
563-17 Deaf are subject to audit by the state auditor in accordance with
563-18 Chapter 321, Government Code.>
563-19 <(k) The board shall prepare and disseminate to interested
563-20 persons an annual report describing the programmatic and fiscal
563-21 aspects of the school.>
563-22 <(l) The executive director of the Texas Commission for the
563-23 Deaf and Hearing Impaired or his representative serves as a voting
563-24 member of any policy and planning committee or task force of the
563-25 Texas School for the Deaf.>
563-26 Sec. 30.053 <11.04>. Superintendent of the Texas School for
563-27 the Deaf. (a) The superintendent of the Texas School for the Deaf
564-1 shall be appointed by the governing board of the school.
564-2 (b) The superintendent must:
564-3 (1) hold an advanced degree;
564-4 (2) have teaching and administrative experience in
564-5 programs serving students who are deaf; and
564-6 (3) satisfy any other requirements the governing board
564-7 of the school establishes.
564-8 (c) <a graduate of an accredited university or college,
564-9 shall have a minimum of one school year of full-time classroom
564-10 teaching, shall have at least a total of five years' experience in
564-11 educating the deaf with at least two of those years acquired in
564-12 some supervisory capacity in training the deaf, and shall have
564-13 special training in the education of the deaf in a duly certified
564-14 school granting such special training.>
564-15 <(b)> The superintendent may reside at the school <and shall
564-16 devote his time exclusively to the duties of his office>.
564-17 (d) The superintendent may provide directly to a parent or
564-18 guardian of a student written information regarding:
564-19 (1) the availability of a program offered by a state
564-20 institution for which the student may be eligible;
564-21 (2) any eligibility and admission requirements imposed
564-22 by the state institution; and
564-23 (3) the rights of a student regarding admission to the
564-24 state institution and appeal of an admission decision.
564-25 Sec. 30.054 <11.05>. PRINTING AT THE TEXAS SCHOOL FOR THE
564-26 DEAF. (a) In addition to any other area of curriculum the State
564-27 Board of Education requires the Texas School for the Deaf to offer,
565-1 the superintendent of the school may require that the <The> art of
565-2 printing, in all its branches, <shall> be among the subjects of
565-3 study offered at the school <Texas School for the Deaf>.
565-4 (b) The superintendent may authorize any <A competent,
565-5 practical printer shall be employed as instructor.>
565-6 <(c) Any> public printing for the state to <may> be
565-7 performed at the Texas School for the Deaf without regard to any
565-8 contract with a person <an individual, firm, or corporation> for
565-9 public printing.
565-10 <Sec. 11.051. ><Travel and Clothing Expenses for Certain Deaf
565-11 Students><. (a) In this section, "economically deprived children"
565-12 means children having parents or guardians whose financial
565-13 condition is such that it would work a hardship upon them to pay
565-14 the travel or clothing expenses of their children.>
565-15 <(b) The travel expenses of economically deprived children
565-16 attending the Texas School for the Deaf shall be paid by the state
565-17 out of funds appropriated by the legislature. The superintendent
565-18 of the school shall, subject to the requirements of Subsection (c)
565-19 of this section, make the determination in his sole discretion of
565-20 which children are entitled to have their travel expenses paid.>
565-21 <(c) No money appropriated for travel expenses may be
565-22 expended except in compliance with the following rules:>
565-23 <(1) The travel expenses shall be paid only when it is
565-24 necessary for the student to travel to his home, and only for trips
565-25 to and returning from his home.>
565-26 <(2) The superintendent of the school shall plan the
565-27 travel of students so as to achieve maximum economy and efficiency.>
566-1 <(3) A student traveling by rented or public
566-2 conveyance is entitled to a travel allowance equal to the actual
566-3 cost of necessary transportation, meals, and lodging.>
566-4 <(d) The expenses of purchasing clothes for economically
566-5 deprived children attending the Texas School for the Deaf shall be
566-6 paid out of funds appropriated by the legislature. The
566-7 superintendent of the school shall make the determination in his
566-8 sole discretion of which children are entitled to have clothes
566-9 purchased for them.>
566-10 Sec. 30.055. STAFFING OF TEXAS SCHOOL FOR THE DEAF. (a) In
566-11 this section "classified employee" and "contract employee" have the
566-12 respective meanings assigned by Section 30.024.
566-13 (b) A contract employee of the Texas School for the Deaf:
566-14 (1) shall be paid in accordance with a salary
566-15 structure that the superintendent adopts and the board of the
566-16 school approves and that includes a salary equal, on a daily-rate
566-17 basis, to a salary paid to an employee in a similar position in the
566-18 Austin Independent School District;
566-19 (2) is not eligible for longevity pay under Subchapter
566-20 D, Chapter 659, Government Code;
566-21 (3) may not be given more paid holidays and vacation
566-22 days than the number of paid holidays and vacation days the Austin
566-23 Independent School District provides in the case of a district
566-24 employee in a similar position; and
566-25 (4) is eligible for sick leave and personal leave
566-26 accrual in the amount given and according to the schedule followed
566-27 in the case of an employee in a similar position in the Austin
567-1 Independent School District.
567-2 (c) If the superintendent authorizes a contract or
567-3 classified employee of the school whose position is exempt from the
567-4 overtime provisions of the Fair Labor Standards Act, 29 U.S.C.
567-5 Section 201 et seq., to perform an additional duty outside the
567-6 employee's normal work schedule, the school may pay the employee an
567-7 extra duty stipend.
567-8 Sec. 30.056. FUNDING OF THE TEXAS SCHOOL FOR THE DEAF. The
567-9 funding of the Texas School for the Deaf consists of:
567-10 (1) money the legislature specifically appropriates
567-11 for the school;
567-12 (2) money the agency allocates to the school under
567-13 this code;
567-14 (3) money paid under a contract or other agreement;
567-15 (4) money the school receives through a gift or
567-16 bequest;
567-17 (5) any payment the school receives from a school
567-18 district under Section 30.003; and
567-19 (6) the school's share of the available school fund.
567-20 Sec. 30.057 <11.032>. Admission to Texas School for the
567-21 Deaf. (a) The Texas School for the Deaf shall provide services in
567-22 accordance with Section 30.051 to any eligible student with a
567-23 disability for whom the school is an appropriate placement if the
567-24 student has been referred for admission:
567-25 (1) under the student's individualized education
567-26 program; or
567-27 (2) by the student's parent or legal guardian, at any
568-1 time during the school year, if the parent or legal guardian
568-2 chooses the school:
568-3 (A) as the appropriate placement for the student
568-4 rather than the placement in the student's local or regional
568-5 program recommended under the student's individualized education
568-6 program; or
568-7 (B) according to rules adopted by the State
568-8 Board of Education with the advice of the school's governing board;
568-9 or
568-10 (3) by the student's parent or legal guardian through
568-11 the student's individualized education program committee, as an
568-12 initial referral to special education for students who are three
568-13 years of age or younger.
568-14 (b) The rules adopted under Subsection (a)(2)(B) may address
568-15 the respective responsibilities of a student's parent or legal
568-16 guardian, the school district in which the student resides, and the
568-17 school. <provide the services listed in Subdivisions (1) through
568-18 (3) of Subsection (i) of Section 11.03 of this code to any student
568-19 referred by a state agency or by the governing board of a school
568-20 district through the agency's or district's admission, review, and
568-21 dismissal committee and for whom the school is the appropriate
568-22 placement.>
568-23 <(b) The governing board of the Texas School for the Deaf,
568-24 with approval of the commissioner of education, shall establish a
568-25 policy that sets a period of time within which the school will
568-26 normally process referrals for a school year.>
568-27 <(c) In addition to the students admitted under Subsection
569-1 (a) of this section, the Texas School for the Deaf may provide
569-2 educational services on a day or residential basis to a deaf
569-3 student who has not been referred as provided by Subsection (a) of
569-4 this section and for whom appropriate educational opportunities are
569-5 available in the student's local or regional programs if:>
569-6 <(1) the student's parent or legal guardian requests
569-7 the services;>
569-8 <(2) sufficient resources remain after accepting
569-9 referral students during the enrollment period; and>
569-10 <(3) sufficient resources, as determined by the
569-11 governing board of the Texas School for the Deaf with the approval
569-12 of the commissioner of education, are maintained for emergency
569-13 referrals from state agencies and school districts after the
569-14 enrollment period.>
569-15 <(d) The State Board of Education with the advice of the
569-16 governing board of the Texas School for the Deaf shall adopt rules
569-17 necessary to carry out this section. The rules may include rules
569-18 establishing the respective responsibilities of the student's
569-19 parent or legal guardian, the state agency, the school district,
569-20 and the Texas School for the Deaf for students referred or admitted
569-21 under this section.>
569-22 <Sec. 11.033. ><Access to Criminal History Information
569-23 Records><. (b) The school may not use the authority granted under
569-24 this section to harass an employee. The board shall adopt rules to
569-25 prevent the harassment of an employee through the request and use
569-26 of criminal records.>
569-27 Sec. 30.058 <11.035>. Sunset Provision. The governing board
570-1 of Texas School for the Deaf is subject to Chapter 325, Government
570-2 Code (Texas Sunset Act). Unless continued in existence as provided
570-3 by that chapter, the board is abolished September 1, 2003.
570-4 (Sections 30.059-30.080 reserved for expansion
570-5 SUBCHAPTER D. REGIONAL DAY SCHOOLS FOR THE DEAF
570-6 Sec. 30.081 <11.10>. LEGISLATIVE INTENT CONCERNING Regional
570-7 Day Schools for the Deaf. <(n)> The legislature, by <the addition
570-8 of> this subchapter <and the following subsections to this Section
570-9 11.10, Texas Education Code>, intends to continue a process of
570-10 providing a suitable <better> education <available> to deaf or hard
570-11 of hearing students who are under 21 years of age <children> on a
570-12 statewide basis <in Texas,> and assuring that those students have
570-13 the opportunity to become independent, self-actualizing citizens
570-14 <to afford all deaf children an opportunity for achievement more
570-15 equal to their peers with normal hearing>.
570-16 Sec. 30.082. DIRECTOR OF SERVICES. <(o)> To carry out
570-17 legislative intent and the objectives of <Subsection (n) and the
570-18 following subsections of> this section <Section 11.10>, the agency
570-19 <Central Education Agency> shall employ a director <and assistant
570-20 director> of services to students who are <the> deaf or hard of
570-21 hearing.
570-22 Sec. 30.083. STATEWIDE PLAN. (a) The director <of services
570-23 to the deaf> shall develop and administer a comprehensive statewide
570-24 plan for educational <deaf education> services for students who are
570-25 deaf or hard of hearing, including continuing diagnosis and
570-26 evaluation, counseling and teaching. The plan shall be<, and>
570-27 designed to accomplish the following objectives:
571-1 (1) providing assistance <Assisting> and counseling to
571-2 parents of students who are deaf or hard of hearing <children of
571-3 any age whose hearing is determined by professionally acceptable
571-4 evaluation to be nonfunctional for education purposes, such
571-5 assistance and counseling to be provided> in <each of the> regional
571-6 day school programs for the deaf <hereinbelow authorized,> and
571-7 admitting to the programs students who have a hearing loss that
571-8 interferes with the processing of linguistic information <all
571-9 children under 21 years of age whose hearing is determined by
571-10 professionally acceptable evaluation to be nonfunctional for
571-11 educational purposes to the regional day school programs for the
571-12 deaf>; <and>
571-13 (2) enabling <Enabling> students who are deaf or hard
571-14 of hearing <a majority or as many as may be practicable of deaf
571-15 children> to reside with their parents or guardians and be provided
571-16 an appropriate <afforded compensatory> education in their home
571-17 school districts or in <facilities of> regional day school programs
571-18 for the deaf; <and>
571-19 (3) enabling <Enabling> students who are deaf or hard
571-20 of hearing <deaf children> who are unable to attend schools at
571-21 their place of residence and whose parents or guardians live too
571-22 far from facilities of regional day school programs for the deaf
571-23 for daily commuting <or> to be accommodated <five nights a week> in
571-24 foster homes or other residential school facilities provided for by
571-25 the agency so that those <Central Education Agency in order that
571-26 such> children may attend a regional day school program for the
571-27 deaf; <and>
572-1 (4) enrolling <Enrolling> in the Texas School for the
572-2 Deaf <at Austin or any other educational facility for the deaf as
572-3 determined by the parents of deaf children only> those students who
572-4 are deaf or hard of hearing <children> whose needs can best be met
572-5 in that school and <institution,> designating the Texas School for
572-6 the Deaf as the statewide educational resource for students who are
572-7 deaf or hard of hearing <to whom adequate educational opportunities
572-8 are unavailable in local or regional programs>; <and>
572-9 (5) encouraging <Encouraging> students <children
572-10 enrolled> in regional day school programs for the deaf to attend
572-11 general education <who have demonstrated ability to do so to return
572-12 to regular school> classes on a part-time, full-time, or trial
572-13 basis<. Supplemental aid from the regional day school program for
572-14 the deaf shall be made available to such children>; and
572-15 (6) recognizing <Recognizing> the need for development
572-16 of language and <oral> communications abilities in students who are
572-17 deaf or hard of hearing, but also calling <deaf children and the
572-18 ability of many to achieve high educational excellence through that
572-19 method, but also recognizing the inability of some to gain their
572-20 education successfully by this means, the comprehensive plan
572-21 developed by the director of services to the deaf will call> for
572-22 the use of methods of communication that <which> will <best> meet
572-23 the needs of each individual student <deaf child in this state>,
572-24 with each student assessed <child to be examined> thoroughly so as
572-25 to ascertain the student's <his> potential for communications
572-26 through a variety of means, including oral, aural, fingerspelling,
572-27 or sign language <oral means>.
573-1 (b) The director of services <to the deaf> may establish
573-2 separate programs to accommodate diverse communication
573-3 methodologies.
573-4 Sec. 30.084. ESTABLISHMENT OF PROGRAMS. <(p)> The State
573-5 Board of Education shall apportion the state into <not more than
573-6 eight nor less than> five regions and establish <areas each
573-7 furnishing> a regional day school program for the deaf in each
573-8 region. <Geographic areas of each regional day school program for
573-9 the deaf may be revised by the State Board of Education for
573-10 betterment of education for the deaf.> Activities of a regional
573-11 day school program for the deaf may be conducted on more than one
573-12 site.
573-13 Sec. 30.085. USE OF LOCAL RESOURCES. Local <(q) It is the
573-14 intent of the legislature that local> resources shall be used
573-15 <utilized> to the fullest practicable extent in the establishment
573-16 and operation of the regional day school programs for the deaf.
573-17 Sec. 30.086. POWERS AND DUTIES OF AGENCY. (a) The agency
573-18 shall <Central Education Agency is authorized and expected to>
573-19 contract with any qualified public or private organization or
573-20 qualified individuals for diagnostic, evaluative, or <evaluation
573-21 and> instructional services or any other services relating
573-22 <incidental> to the education of students who are deaf or hard of
573-23 hearing <deaf children>, including transportation or <and/or>
573-24 maintenance services.
573-25 (b) The agency <Central Education Agency> shall employ
573-26 educational and other personnel, may purchase or lease <real or
573-27 personal> property, may accept gifts or grants of <real or
574-1 personal> property or services from any <source,> public or private
574-2 source, including an independent school district or <districts and
574-3 any> institution of higher education <learning> in this state, to
574-4 establish and operate <for the purpose of establishing and
574-5 operating> regional day school programs for the deaf.
574-6 Sec. 30.087. FUNDING. (a) <The State Board of Education
574-7 may provide by rule or regulation that upon establishment of each
574-8 regional school the countywide school(s) in that region shall
574-9 become a part of the regional school operation and that all
574-10 equipment, classroom supplies, and other personal property owned by
574-11 the countywide schools shall become the property of the regional
574-12 day school. When any such programs are combined, the directors and
574-13 employees of the former countywide schools shall be employed in
574-14 appropriate, substantially similar capacities within the regional
574-15 day school program for that region.>
574-16 <(r) Except for certain transportation costs, costs of
574-17 operation of the regional day school programs for the deaf shall be
574-18 borne by the state and paid from the Foundation School Program
574-19 Fund. Such costs shall be considered and included by the
574-20 Foundation School Fund Budget Committee in estimating the needs for
574-21 purposes of the Foundation School Program and the regional day
574-22 school programs for the deaf. However, funds allocated to
574-23 countywide schools shall remain so allocated except in those
574-24 regions in which the countywide program has been made a part of the
574-25 appropriate region, as aforesaid.> While the <principal> cost of
574-26 educating students who are deaf or hard of hearing <deaf children>
574-27 shall be borne by the state and paid from the foundation school
575-1 fund, independent school districts and <all> institutions of higher
575-2 education <learning> in the state may <are hereby authorized> and
575-3 are encouraged to make available <real or personal> property or
575-4 services in cooperation with the regional day school programs for
575-5 the deaf for any activities related to the education of students
575-6 who are deaf or hard of hearing, <and betterment of education of
575-7 deaf children> including <but not limited to> research, <and>
575-8 personnel training, and staff development. The <school district in
575-9 which a regional day school is located shall bear the costs of
575-10 transporting students in the program who live within the district
575-11 and is entitled to have those students counted in its allotment of
575-12 transportation funds from the state. The regional day school
575-13 program shall bear the costs of transporting children who live
575-14 outside the district to the regional day school. It is the intent
575-15 of the legislature in enacting this subsection that the> use of
575-16 <all of> the educational resources of this state shall be maximized
575-17 to carry out the intent and objectives of this subchapter <Act>.
575-18 (b) From the amount appropriated for regional day school
575-19 programs, the commissioner shall allocate funds to each program
575-20 based on:
575-21 (1) the number of students served and the individual
575-22 needs of students; and
575-23 <(s) Operating costs for the program in each regional day
575-24 school program for the deaf shall be determined and paid on the
575-25 following basis:>
575-26 <(1) An estimated allocation of $2,700 for each
575-27 student enrolled in the program of the regional day school program
576-1 for the deaf in any current year.>
576-2 (2) the cost of <Teachers, principals, supervisors,
576-3 counselors, para-professional and supporting> personnel, who shall
576-4 be employed in <such> numbers <as> the agency <Central Education
576-5 Agency> finds <to be> necessary to establish and operate the
576-6 regional day school programs for the deaf, but <and such numbers
576-7 shall> not <be> less than the student-professional ratios known to
576-8 be necessary <requisite> for success in education of students who
576-9 are deaf or hard of hearing <deaf children. Salaries of all
576-10 personnel employed in the regional day school programs for the deaf
576-11 shall be determined in accordance with policies established by the
576-12 State Board of Education>.
576-13 (c) <(3)> A school district <Local districts> may receive an
576-14 allocation <allocations> for transportation of students
576-15 participating in a <the> regional day school program, <programs>
576-16 determined in the same manner as an allocation <allocations> for
576-17 the transportation of other special education students.
576-18 <(t) To assure effective implementation of this Act the
576-19 Central Education Agency shall upon the passage of this Act
576-20 institute planning and research designed to accomplish the intent
576-21 and objectives set forth herein including employment of personnel
576-22 considered essential to meet the operational date specified for
576-23 this Act.>
576-24 <(u) The regional day school programs for the deaf shall
576-25 commence operation to the fullest extent possible on September 1,
576-26 1974.>
576-27 <Sec. 11.102. ><Supplemental Allowances for Exceptional
577-1 Expenses of Educating Students With Visual Impairments><. From the
577-2 Foundation School Fund there shall be made available a special
577-3 supplemental allowance for each blind student or for each student
577-4 with a serious visual disability and another medically diagnosed
577-5 disability of a significantly limiting nature, who is receiving
577-6 special education services through any approved program whatsoever.
577-7 The amount of the special supplemental allowance for each blind
577-8 student or for each student with multiple disabilities shall be
577-9 equivalent to the special allocation for deaf students enrolled in
577-10 regional day school programs, as authorized by Paragraph (1),
577-11 Subsection (s), Section 11.10 of this code. The supplemental
577-12 allowances may be expended only for special services uniquely
577-13 required by the nature of the student's disabilities and may not be
577-14 used in lieu of educational funds otherwise available under this
577-15 code and through state or local appropriations.>
577-16 (Sections 30.088-30.100 reserved for expansion
577-17 SUBCHAPTER E. TEXAS YOUTH COMMISSION <RESIDENTIAL CARE> FACILITIES
577-18 Sec. 30.101 <30.81>. PURPOSE. The purpose of this
577-19 subchapter is to provide the <necessary means to extend the per
577-20 capita allocation from the> state available school fund
577-21 apportionment to children committed to <wards of> the Texas Youth
577-22 Commission. To provide the <Council residing in state residential
577-23 facilities for delinquent or dependent and neglected children and
577-24 to those handicapped persons residing in state residential
577-25 facilities under the control and direction of the Texas Department
577-26 of Mental Health and Mental Retardation, and for the purpose of
577-27 providing such> state available school fund apportionment <funds>
578-1 for educational purposes, the educational programs provided to
578-2 those <in state residential care facilities for delinquent,
578-3 dependent or neglected> children are considered<, and the
578-4 handicapped shall be deemed> to be educational services provided by
578-5 public <free> schools.
578-6 <Sec. 30.82. DEFINITIONS. In this subchapter "mentally
578-7 retarded" means that condition in which a person is described as
578-8 having significantly subaverage general intellectual functioning
578-9 existing concurrently with deficits in adaptive behavior.>
578-10 Sec. 30.102 <30.83>. ALLOCATION. (a) The <Each residential
578-11 care facility for delinquent or dependent and neglected children
578-12 under the control and direction of the> Texas Youth Commission is
578-13 <Council or residential care facility for the mentally retarded
578-14 under the control and direction of the Texas Department of Mental
578-15 Health and Mental Retardation shall be> entitled to receive the
578-16 state available school fund apportionment <per capita allocation>
578-17 based on the <facility's> average daily attendance in the
578-18 commission's educational programs<,> of students who are at least
578-19 <ages> three years of age and not older than <through> 21 years of
578-20 age.
578-21 (b) A classroom teacher or full-time librarian <Personnel
578-22 authorized under the Foundation School Program> employed by the
578-23 commission is entitled to <in the state facilities pursuant to this
578-24 section shall> receive as a minimum salary the monthly salary rate
578-25 specified by <in> Section 21.402. A classroom teacher or full-time
578-26 librarian <Chapter 16 of the Texas Education Code, as amended,
578-27 provided, however, such personnel> may be paid, from funds
579-1 appropriated to the commission <respective state facilities for
579-2 delinquent or dependent and neglected children or the mentally
579-3 retarded>, a salary <rates> in excess of the minimum <amounts>
579-4 specified by <in> that section <Chapter 16 of the Texas Education
579-5 Code, as amended>, but the <such> salary may not <rates shall
579-6 never> exceed the rate <rates> of pay for a similar position <like
579-7 positions> in the public schools of an <the> adjacent school
579-8 district <or districts>.
579-9 (c) The commissioner <of education>, with the assistance of
579-10 the comptroller <of public accounts>, shall determine the amount
579-11 that the commission <schools governed by this section> would have
579-12 received from the available school fund if Chapter 28 <H.B. No.
579-13 72>, Acts of the 68th Legislature, 2nd Called Session, 1984, had
579-14 not transferred statutorily dedicated taxes from the available
579-15 school fund to the foundation school fund. That amount, minus any
579-16 amount the schools do receive from the available school fund, shall
579-17 be set apart as a separate account in the foundation school fund
579-18 and appropriated to the commission <those schools> for educational
579-19 purposes.
579-20 CHAPTER 31 <12>. TEXTBOOKS
579-21 SUBCHAPTER A. GENERAL PROVISIONS
579-22 Sec. 31.001 <12.01>. FREE TEXTBOOKS. <(a)> Textbooks
579-23 selected <adopted by the State Board of Education> for use in the
579-24 public schools <of Texas> shall be furnished<, under the plan as
579-25 set out in this chapter,> without cost to the students <pupils>
579-26 attending those <such> schools.
579-27 <(b) The adoption, purchase, distribution, and free use of
580-1 such state-owned textbooks shall be carried out in accordance with
580-2 the provisions of this chapter.>
580-3 <(c) Except as otherwise specifically defined in this
580-4 chapter, "textbooks" or "books" as used herein shall mean books,
580-5 systems of instructional materials, or combinations of books and
580-6 supplementary instructional materials which convey information to
580-7 the pupil or otherwise contribute to the learning process, computer
580-8 software, including but not limited to applications using computer
580-9 assisted instruction, interactive videodisc, other computer
580-10 courseware, and magnetic media.>
580-11 <(d) No provision of this chapter is intended to limit the
580-12 selection of instructional materials purchased by a local board of
580-13 education with local funds, provided such selection procedures are
580-14 not in conflict with State Board of Education policies.>
580-15 Sec. 31.002. DEFINITIONS. In this chapter:
580-16 (1) "Special textbook" means a textbook in braille or
580-17 large type or any other medium or apparatus that conveys
580-18 information, to be used by a student whose visual acuity is
580-19 impaired to the extent that the student is unable to read the print
580-20 in the standard print textbook used in the school in the grade
580-21 level or course in which the student is enrolled.
580-22 (2) "Textbook" means a book, a material, an apparatus,
580-23 a medium, or copyrighted information used to convey information to
580-24 a student or otherwise contribute to the learning process.
580-25 (Sections 31.003-31.010 reserved for expansion
580-26 SUBCHAPTER B. FUNDING, SELECTION, AND PURCHASE OF TEXTBOOKS
580-27 Sec. 31.011 <12.02>. Textbook Fund. (a) The state textbook
581-1 fund consists <shall consist> of:
581-2 (1) an amount <the fund> set aside by the State Board
581-3 of Education from the available school fund;
581-4 (2) <as provided below, together with> all funds
581-5 accruing from the state's sale of disused textbooks; <books, all
581-6 money derived from the purchase of books from boards of school
581-7 trustees by private individuals or by other schools,> and
581-8 (3) all amounts lawfully paid into the fund from any
581-9 other source.
581-10 (b) The State Board of Education shall annually, at a
581-11 meeting designated by the board <them>, set aside <apart> out of
581-12 the available school fund of the state an amount sufficient for
581-13 school districts and state-granted charter schools to purchase and
581-14 distribute the necessary textbooks <school books> for the use of
581-15 the students <pupils> of this state for the following school
581-16 <scholastic> year <ensuing>. The board shall determine the amount
581-17 of the available school fund to set aside for the state textbook
581-18 fund based on:
581-19 (1) the amount necessary to fund the textbook
581-20 allotments under Section 31.012(a); and
581-21 (2) any amount the board determines should be set
581-22 aside for emergency purposes under Section 31.012(e).
581-23 <(c) Funds transferred to the textbook fund shall remain
581-24 permanently in this fund until expended and shall not lapse to the
581-25 state at the close of the fiscal year.>
581-26 <(d) The transfer of funds set apart to the textbook fund
581-27 shall be determined by the State Board of Education on the basis of
582-1 a report of the commissioner of education submitted on July 1 of
582-2 each year, stating:>
582-3 <(1) the amount of the textbook fund which is then
582-4 unexpended; and>
582-5 <(2) his estimate as to the funds necessary for the
582-6 purchase and distribution and other necessary expenses of textbooks
582-7 for the school session of the following year.>
582-8 <(e) On the basis of the information furnished, the state
582-9 board shall have the power to set apart from the available school
582-10 fund the estimated amount needed with 25 percent additional, this
582-11 additional sum to be used to meet emergencies or necessities caused
582-12 by unusual increase in scholastic attendance or by unusual and
582-13 unforeseen expenses and school conditions.>
582-14 <(f) All necessary expenses incurred by the operation of
582-15 this law or incident to the enforcement of this law shall be paid
582-16 from the state textbook fund provided for in this chapter on bills
582-17 approved by the commissioner of education.>
582-18 <Sec. 12.03. SPECIAL TEXTBOOKS. (a) The State Board of
582-19 Education is authorized to acquire, purchase, and contract for free
582-20 textbooks for the education of blind and visually impaired public
582-21 school students. In addition, for a teacher who is blind or
582-22 visually impaired, the board shall provide a teacher edition in
582-23 braille or large type, as appropriate as determined by the teacher,
582-24 for each textbook the teacher uses in the instruction of students.
582-25 For each school year, the teacher editions must be available at the
582-26 same time the student textbooks become available. The textbooks
582-27 shall be acquired, purchased, or contracted for as provided by
583-1 Subchapter B of this chapter and by any applicable rule adopted by
583-2 the State Board of Education. The board may also enter into
583-3 agreements providing for the acceptance, requisition, and
583-4 distribution of books and instructional aids pursuant to Public Law
583-5 922, 84th Congress, or as amended, for use by students enrolled in
583-6 public or private non-profit schools. The agreements may include
583-7 the purchase of textbooks for blind and visually impaired students
583-8 attending private, non-profit schools if no state funds except for
583-9 administrative cost are involved.>
583-10 <(b) For purposes of this section, a blind and/or visually
583-11 impaired scholastic means and includes any pupil whose visual
583-12 acuity is impaired to the extent that he is unable to read the
583-13 print in regularly adopted textbooks used in the subject class.>
583-14 <(c) For purposes of this section, "textbook" means and
583-15 includes books in Braille, large type or any other medium or any
583-16 apparatus which conveys information to the scholastic or otherwise
583-17 contributes to the learning process.>
583-18 <(d) The State Board of Education shall solicit bids for and
583-19 shall purchase or otherwise acquire textbooks and supporting media
583-20 to be used free of charge by students in bilingual education
583-21 classes in public schools. The textbooks shall be acquired as
583-22 provided by Subchapter B of this chapter and by any applicable rule
583-23 adopted by the State Board of Education.>
583-24 <(e) The Central Education Agency shall require a publisher
583-25 of a textbook that is adopted by the State Board of Education to
583-26 furnish the agency with computerized textbook files for the
583-27 production of Braille textbooks if such computerized textbook files
584-1 are requested by the State Board of Education. Publishers will
584-2 arrange the computerized textbook files in one of several optional
584-3 formats specified by the State Board of Education.>
584-4 <(e-1) (1) On the effective date of this Act, the State
584-5 Board of Education shall appoint a commission to expedite the
584-6 implementation of Subsection (e) of this section. The commission
584-7 shall be composed of no more than 12 individuals nominated by the
584-8 Commissioner of Education from within or outside Texas, including
584-9 but not limited to:>
584-10 <(A) computer software developers;>
584-11 <(B) producers of Braille textbooks;>
584-12 <(C) specialists in Braille education;>
584-13 <(D) representatives of the Texas Education
584-14 Agency;>
584-15 <(E) publishers of elementary and high school
584-16 textbooks; and>
584-17 <(F) at least one consumer, or an advocate for
584-18 consumers, of Braille materials.>
584-19 <(2) The Commissioner shall appoint a chairman from
584-20 among the commission members.>
584-21 <(3) Public members of the commission who are not
584-22 employed by publishing companies that have contracts with the
584-23 Central Education Agency are entitled to reimbursement by the state
584-24 for their actual transportation and lodging expenses related to
584-25 participation in the commission's activities, provided funds are
584-26 available for such reimbursement from gifts and grants received by
584-27 the Central Education Agency. The Central Education Agency may
585-1 accept gifts and grants to provide the reimbursement under this
585-2 subdivision. The Central Education Agency shall deposit the gifts
585-3 and grants in the state treasury to the credit of a special fund to
585-4 be used only for reimbursement under this subdivision.
585-5 Representatives of a state agency shall be reimbursed from the
585-6 funds of that agency.>
585-7 <(4) The commission shall:>
585-8 <(A) work with textbook publishers on the
585-9 development of processes for converting formatted text files to
585-10 American Standard Code for Information Interchange (ASCII) text
585-11 files needed for the production of Braille textbooks with
585-12 translation software;>
585-13 <(B) survey ongoing efforts in Texas and
585-14 elsewhere to develop computer software needed for automated
585-15 conversion of publisher text files to the ASCII format and
585-16 recommend additional software development projects, if needed. If
585-17 additional development efforts are needed, the commission shall
585-18 work with publishers and software developers to prioritize
585-19 typesetting system conversion efforts;>
585-20 <(C) study the feasibility of implementing a
585-21 process by which textbook publishers can transmit computerized
585-22 textbook ASCII data files through modem communication directly to
585-23 the computers of organizations producing Braille textbook masters;
585-24 and>
585-25 <(D) study any other issues the commission
585-26 determines are relevant and necessary to the implementation of
585-27 Subsection (e).>
586-1 <(5) The Commissioner and the State Board of Education
586-2 shall report the commission's findings and a summary of their
586-3 activities to the 73rd Texas Legislature.>
586-4 <(6) Unless continued in existence by further Acts of
586-5 the Texas Legislature, the commission is abolished on September 1,
586-6 1995.>
586-7 <(f) The State Board of Education is authorized to produce
586-8 in Braille ancillary and supplementary instructional materials that
586-9 accompany state adopted textbooks. Publishers of these materials
586-10 shall not be required to provide electronic files for ancillary or
586-11 supplementary materials.>
586-12 Sec. 31.012. TEXTBOOK ALLOTMENT. (a) Each school district
586-13 and state-granted charter school is entitled to an annual allotment
586-14 from the state textbook fund to be used for the selection and
586-15 purchase of textbooks. The textbook allotment of each district and
586-16 state-granted charter school is determined by the following
586-17 formula:
586-18 where:
586-19 TA is the textbook allotment of a district or state-granted
586-20 charter school;
586-21 ADA is the average daily attendance of a district or
586-22 state-granted charter school estimated by the commissioner in
586-23 accordance with Subsection (d); and
586-24 COT is the reasonable cost of textbooks per student in
586-25 average daily attendance, including the cost of teacher editions
586-26 and special textbooks, for the school year, as determined by the
586-27 State Board of Education under Subsection (b), for courses and
587-1 grades used for purposes of calculation by the board based on a
587-2 six-year adoption cycle.
587-3 (b) Each year the State Board of Education shall study the
587-4 available selection of textbooks for courses and grade levels for
587-5 which school districts and state-granted charter schools likely
587-6 will be purchasing textbooks for the following school year, based
587-7 on a cycle of replacing textbooks for a course or grade level every
587-8 six years. Based on the average cost of textbooks available for
587-9 those courses and grade levels that thoroughly address the
587-10 curriculum of the course or grade level, the board shall determine
587-11 a reasonable amount for a district or state-granted charter school
587-12 to spend per student on textbooks, including teacher editions and
587-13 special textbooks, for the following school year.
587-14 (c) Under rules adopted by the State Board of Education, the
587-15 commissioner shall transfer to each district and state-granted
587-16 charter school from the state textbook fund the district's or
587-17 school's textbook allotment.
587-18 (d) The commissioner shall provide an estimate of average
587-19 daily attendance for the following school year to the State Board
587-20 of Education not later than the date the board establishes.
587-21 (e) A school district that is considered to be a
587-22 fast-growing district under criteria adopted by the State Board of
587-23 Education may apply to the board for emergency funds for the
587-24 purchase of textbooks, in addition to the textbook allotment. The
587-25 board shall establish a procedure a district must follow to apply
587-26 for emergency funds under this subsection.
587-27 (f) Funds or earnings from funds received under this section
588-1 may not be used for a purpose other than selecting and purchasing
588-2 textbooks. A district or state-granted charter school is entitled
588-3 to retain any funds the district or school receives under this
588-4 section that it does not spend during the school year in which it
588-5 received the funds. Funds a district or state-granted charter
588-6 school retains under this subsection may not be considered in
588-7 determining the amount of a district's or school's allotment under
588-8 Subsection (a).
588-9 (g) In addition to funds a school district or state-granted
588-10 charter school receives under this section or earns from funds
588-11 received under this section, the district or school may use other
588-12 funds in selecting and purchasing textbooks.
588-13 Sec. 31.013. SELECTION AND PURCHASE OF TEXTBOOKS. (a) The
588-14 board of trustees of each school district and the governing body of
588-15 each state-granted charter school shall select and purchase or
588-16 provide for the purchase of textbooks for district or school
588-17 students, as applicable.
588-18 (b) The board of trustees of each school district shall
588-19 select and purchase or provide for the purchase of textbooks so
588-20 that:
588-21 (1) the curriculum for each course or grade level the
588-22 district offers is thoroughly addressed;
588-23 (2) each student in the district is provided with any
588-24 textbook, including any special textbook, necessary for the course
588-25 or grade level in which the student is enrolled;
588-26 (3) each teacher is provided with a teacher edition of
588-27 the textbook the district selects for use in the course the teacher
589-1 is teaching; and
589-2 (4) textbooks for each course or grade level are
589-3 replaced every six years unless the board of trustees determines
589-4 that for a particular course or grade level a different replacement
589-5 schedule is appropriate because of the condition or content of the
589-6 textbooks or other needs of the district.
589-7 (c) In selecting books, the board of trustees of a school
589-8 district or the governing body of a state-granted charter school
589-9 may solicit recommendations, textbook review, or other assistance
589-10 from a regional education service center.
589-11 (d) The State Board of Education shall adopt a recommended
589-12 contract that a school district or state-granted charter school may
589-13 use in contracting with publishers for the purchase of textbooks.
589-14 (e) The board of trustees of a school district or the
589-15 governing body of a state-granted charter school may sell or
589-16 provide for selling the district's or school's used textbooks and
589-17 may retain the proceeds of the sale to use in selecting and
589-18 purchasing textbooks.
589-19 (Sections 31.014-31.030 reserved for expansion
589-20 SUBCHAPTER C. PENAL PROVISIONS
589-21 Sec. 31.031. DUTIES OF PUBLISHERS AND MANUFACTURERS. (a) A
589-22 publisher or manufacturer of textbooks:
589-23 (1) shall furnish any textbook the publisher or
589-24 manufacturer offers in this state, at a price that, including the
589-25 cost of transportation, does not exceed the lowest price at which
589-26 the publisher offers that textbook for adoption or sale to any
589-27 state, public school, or school district in the United States;
590-1 (2) shall automatically reduce the price of a textbook
590-2 sold to a school district or state-granted charter school to the
590-3 extent that the price is reduced elsewhere in the United States;
590-4 (3) shall provide any textbook or ancillary item free
590-5 of charge in this state to the same extent that the publisher or
590-6 manufacturer provides the textbook or ancillary item free of charge
590-7 to any state, public school, or school district in the United
590-8 States;
590-9 (4) shall guarantee that each copy of a textbook sold
590-10 in this state is at least equal in quality to copies of that
590-11 textbook sold elsewhere in the United States and is kept revised,
590-12 reasonably free from error, and current;
590-13 (5) may not become associated or connected with,
590-14 directly or indirectly, any combination in restraint of trade in
590-15 textbooks or enter into any understanding or combination to control
590-16 prices or restrict competition in the sale of textbooks for use in
590-17 this state;
590-18 (6) shall maintain an office or depository in this
590-19 state or arrange with a depository in this state to receive and
590-20 fill orders for textbooks;
590-21 (7) shall guarantee delivery of textbooks before the
590-22 opening day of school of the year for which the textbooks are
590-23 ordered if the textbooks are ordered by a date specified in the
590-24 contract between the school district or state-granted charter
590-25 school and the publisher or manufacturer; and
590-26 (8) shall make special textbooks available to school
590-27 districts and state-granted charter schools.
591-1 (b) In addition to any fine imposed under Section 31.033, a
591-2 publisher or manufacturer who knowingly fails to comply with
591-3 Subsection (a)(1) or (2) is liable for damages equal to three times
591-4 the total sum that the school district or state-granted charter
591-5 school paid the publisher or manufacturer in excess of the price
591-6 required under the applicable provision, plus reasonable attorney's
591-7 fees. A publisher or manufacturer who knowingly fails to comply
591-8 with Subsection (a)(3) is liable for damages equal to three times
591-9 the total value of the textbooks that the school district or
591-10 state-granted charter school is entitled to receive free of charge
591-11 under that provision, plus reasonable attorney's fees. A publisher
591-12 or manufacturer who knowingly fails to comply with Subsection
591-13 (a)(5) is liable for damages equal to three times the total sum
591-14 that the school district or state-granted charter school paid the
591-15 publisher or manufacturer in excess of the sum that it is
591-16 determined that the district or school would have paid if there had
591-17 not been restraint of trade, control of prices, or restriction of
591-18 competition, plus reasonable attorney's fees. Damages under this
591-19 section shall be allocated so that two-thirds of the amount is paid
591-20 to the school district or state-granted charter school and
591-21 one-third of the amount is credited to the state textbook fund.
591-22 Sec. 31.032 <4.14>. ACCEPTING REBATE ON TEXTBOOKS. (a)
591-23 Except as provided by Subsection (c), a <Any> school trustee,
591-24 administrator, or teacher commits an offense if that person
591-25 receives <who shall ever receive> any commission, <or> rebate, or
591-26 other benefit in return for the selection or use of <on> any
591-27 textbooks <books> used in the schools with which the person <he> is
592-1 associated <concerned> as a trustee, administrator, or teacher.
592-2 (b) An offense under this section is <shall be guilty of> a
592-3 misdemeanor punishable by a fine of <and upon conviction shall be
592-4 fined> not less than $250 or <$50 and not> more than $1,000 <$100>.
592-5 (c) It is a defense to prosecution under Subsection (a) that
592-6 the trustee, administrator, or teacher:
592-7 (1) received a benefit in return for services provided
592-8 relating to preparing a textbook;
592-9 (2) before the textbook is considered for purchase,
592-10 made the involvement known in a public affidavit filed with the
592-11 entity selecting textbooks; and
592-12 (3) withdrew from participating in any decision
592-13 relating to selection of textbooks in the subject area of the
592-14 textbook with which the trustee, administrator, or teacher was
592-15 involved.
592-16 Sec. 31.033 <4.24>. VIOLATION OF FREE TEXTBOOK LAW. (a) A
592-17 <Any> person commits an offense if the person knowingly violates
592-18 <convicted of wilfully violating> any law providing for the
592-19 purchase or <and> distribution of free textbooks for the public
592-20 schools.
592-21 (b) An offense under this section is a misdemeanor
592-22 punishable by a fine of <shall be fined> not less than $5 or <nor>
592-23 more than $100.
592-24 Sec. 31.034 <4.27>. UNLAWFUL POLITICAL <CAMPAIGN>
592-25 CONTRIBUTIONS. (a) A <It shall be unlawful for any> person<,
592-26 group of persons, organization, or corporation> engaged in
592-27 manufacturing, shipping, selling, storing, or advertising textbooks
593-1 or otherwise <in any other manner> connected with the textbook
593-2 business commits an offense if the person makes <to make> a
593-3 political <financial> contribution to or takes <take> part in,
593-4 directly or indirectly, the campaign of any person seeking election
593-5 to or serving on:
593-6 (1) the State Board of Education; or
593-7 (2) the board of trustees of a school district.
593-8 (b) An offense under <It shall be unlawful for anyone
593-9 interested in selling bonds of any type whatsoever to make a
593-10 financial contribution to or take part in, directly or indirectly,
593-11 the campaign of any person seeking election to the State Board of
593-12 Education.>
593-13 <(c) Any person convicted of violating any provision of>
593-14 this section is a misdemeanor punishable by a fine of <shall be
593-15 fined> not less than $500 or <nor> more than $1,000, confinement in
593-16 <or sentenced to serve a> jail for a term of not less than 90 or
593-17 <days nor> more than 180 days, or both a fine and confinement.
593-18 (c) In this section, "political contribution" has the
593-19 meaning assigned by Section 251.001, Election Code.
593-20 <SUBCHAPTER B. STATE ADOPTION, PURCHASE, ACQUISITION, AND CUSTODY>
593-21 <Sec. 12.13. ADOPTION BY STATE BOARD OF EDUCATION. By
593-22 majority vote, the State Board of Education may remove books from a
593-23 list submitted by a subject area committee, but the board shall not
593-24 place on the list any book not recommended by the committee, nor
593-25 shall the board reduce to a single adoption any list for a specific
593-26 grade or subject in which multiple adoption is recommended by the
593-27 committee.>
594-1 <Sec. 12.14. MULTIPLE LIST. (a) The State Board of
594-2 Education shall select and adopt a multiple list of textbooks for
594-3 use in the elementary grades, including kindergarten, and the
594-4 secondary grades of the public schools of Texas.>
594-5 <(b) The multiple list shall consist of not less than two
594-6 nor more than eight textbooks for each subject matter or course
594-7 designated by the board to implement Section 21.101 of this code.
594-8 If available, the State Board of Education shall attempt to choose
594-9 one remedial and one advanced text on the multiple list in each
594-10 subject area.>
594-11 <(c) No book adopted shall contain anything of a partisan or
594-12 sectarian character.>
594-13 <Sec. 12.16. OTHER PROVISIONS. (a) In the event as many as
594-14 two suitable textbooks are not offered for adoption on any one
594-15 subject matter or course, the board may select one textbook.>
594-16 <(b) Specific rules as to the manner of selection for all
594-17 books on the multiple lists provided for in this section shall be
594-18 made by the State Board of Education.>
594-19 <(c) Textbooks adopted in accordance with the provisions of
594-20 this section are adoptions for every public school in this state.
594-21 The board shall prescribe rules under which such textbooks adopted
594-22 and approved shall be introduced or used by or in the public
594-23 schools of the state.>
594-24 <Sec. 12.17. PUBLIC NOTICE OF ADOPTIONS TO BE MADE.
594-25 (a) When textbooks are to be selected and adopted under the
594-26 provisions of this code, or where a contract for a textbook then in
594-27 use is about to expire, not less than two months in advance of the
595-1 meeting of the State Board of Education at which the adoptions may
595-2 be made, the chairman of the State Board of Education shall give
595-3 public notice-->
595-4 <(1) by having printed in the public press a notice to
595-5 the effect that the meeting will be held and that adoptions will be
595-6 made; and>
595-7 <(2) by sending written notices to all persons, firms,
595-8 or corporations in whose behalf the notices shall have been
595-9 requested.>
595-10 <(b) The notices required by Subsection (a) of this section
595-11 shall contain:>
595-12 <(1) the time and place of the meeting of the State
595-13 Board of Education at which the adoptions may be made;>
595-14 <(2) the subjects on which textbooks may be adopted;>
595-15 <(3) the last date on which sample copies of books
595-16 offered for textbook adoption may be submitted;>
595-17 <(4) the amount of cash deposit required;>
595-18 <(5) the time to be allowed for signing contract and
595-19 filing bond after the award is made; and>
595-20 <(6) a statement that formal proposals will be
595-21 received on the date of the meeting.>
595-22 <Sec. 12.18. FILING OF BIDS AND SAMPLE COPIES. (a) At
595-23 least 30 days prior to the date of the meeting of the State Board
595-24 of Education at which adoptions are to be made, sample copies of
595-25 each book on which a bid will be submitted shall be filed with the
595-26 commissioner of education.>
595-27 <(b) Every person, firm, or corporation desiring to submit a
596-1 bid on a book for adoption shall make the bid, by filing with the
596-2 commissioner of education five copies of each book offered for
596-3 consideration, and such additional copies as thereafter may be
596-4 requested by the commissioner. Publisher's price information as
596-5 required in this section and as may be requested on regular and
596-6 special editions shall be printed, stamped, or pasted in each copy
596-7 of each book filed with the commissioner of education.>
596-8 <(c) The bid shall state the prices at which the book is
596-9 offered to Texas, f.o.b. the city approved as the shipping point
596-10 for depositories and the terms and conditions upon which the book
596-11 will be furnished. The terms and conditions shall not be in
596-12 conflict with other provisions of this chapter.>
596-13 <(d) The bids shall be submitted in two forms, one in which
596-14 is stated the allowance made for books then in use and the property
596-15 of the state when offered in exchange for the new books to be
596-16 adopted under this code; the other without stating the allowance
596-17 for presently owned books, which would remain the property of the
596-18 state. The allowance and condition for exchange, if agreed to and
596-19 accepted by the state, shall be enforced only during the two
596-20 scholastic years following a change in books.>
596-21 <(e) Information which shall also be printed, stamped, or
596-22 pasted in each copy of each book filed with the commissioner of
596-23 education shall be:>
596-24 <(1) a statement of the price at which the book or
596-25 special editions are sold in other places under state or county
596-26 adoptions, and the minimum quantities in which it will be sold at
596-27 such prices;>
597-1 <(2) a statement of the publisher's catalogue price of
597-2 the book or special editions, together with trade discounts and the
597-3 conditions under which, and the purchasers to whom, such discounts
597-4 are allowed, and the place of delivery;>
597-5 <(3) a statement of the minimum wholesale price at
597-6 which the book or special editions are sold f.o.b. the shipping
597-7 point of the publisher and the name of the shipping point;>
597-8 <Sec. 12.19. DEPOSITS WITH THE TREASURER OF THE STATE.
597-9 (a) In compliance with the published notice of adoptions to be
597-10 made, each person, firm, or corporation submitting a bid or bids on
597-11 a book or books for adoption shall deposit with the treasurer of
597-12 the State of Texas such sum of money as the State Board of
597-13 Education may require, but not less than $500 nor more than $2,500
597-14 according to the value of the books each bidder may propose to
597-15 supply.>
597-16 <(b) Such deposits shall be returned to the unsuccessful
597-17 bidders on certificate of the commissioner of education that no
597-18 contract has been awarded on the bid for which the sum was
597-19 deposited.>
597-20 <(c) When any successful bidder has been awarded a contract
597-21 and has filed his bond and contract with the State Board of
597-22 Education and they have been approved, the State Board of Education
597-23 shall make an order on the treasurer of the state reciting such
597-24 facts, and the treasurer shall return the deposit of such bidder to
597-25 him.>
597-26 <(d) If any successful bidder fails to make and execute the
597-27 contract and bond as provided in this subchapter, the deposit made
598-1 by the successful bidder shall be forfeited to the state absolutely
598-2 and the treasurer shall place the deposit of the bidder in the
598-3 state treasury to the credit of the available school fund, and the
598-4 State Board of Education may readvertise for other bids to supply
598-5 the book or books.>
598-6 <Sec. 12.20. AFFIDAVIT OF ELIGIBILITY AND ANTITRUST
598-7 COMPLIANCE. (a) Each person, firm, or corporation submitting a
598-8 bid on any book or books for adoption shall file with the
598-9 commissioner of education on the day that the State Board of
598-10 Education meets or within the last five days just preceding the
598-11 date on which the board meets, an affidavit executed by the
598-12 individual bidder or a member of the firm or the president and
598-13 secretary of the corporation bidding, setting forth all of the
598-14 facts with reference to the eligibility of the bidder to make a
598-15 proposal and to compliance by the bidder with antitrust regulations
598-16 under Section 12.22 of this code.>
598-17 <(b) In relation to a bidder's eligibility, an affidavit
598-18 filed must contain the following:>
598-19 <(1) the names of all persons employed to act for the
598-20 bidder, directly or indirectly, in any way whatsoever in securing
598-21 the contract or in the preparation of the bid or bids and
598-22 supporting documents, together with the addresses of such
598-23 individuals and the capacity in which each served;>
598-24 <(2) the names of any persons who may have at any time
598-25 during the preceding year received, either directly or indirectly,
598-26 any money or other thing of value from the bidder by way of
598-27 emolument for services rendered in this state, either directly or
599-1 indirectly, in securing or attempting to secure contracts for the
599-2 sale of books of the publisher or in promoting the sale of such
599-3 books to the State of Texas; and>
599-4 <(3) a statement that no member of the State Board of
599-5 Education is in any way interested, directly or indirectly, in the
599-6 individual, firm, or corporation bidding.>
599-7 <(c) In relation to a bidder's compliance with antitrust
599-8 regulations, an affidavit must contain the following:>
599-9 <(1) a statement that the person, firm, or corporation
599-10 bidding is not a trust and is not connected either directly or
599-11 indirectly with a trust;>
599-12 <(2) a provision stating whether or not the person,
599-13 firm, or corporation or any member of the firm or stockholder of
599-14 the corporation is acting as a director, trustee, or controlling
599-15 stockholder in any other textbook publishing house, either directly
599-16 or indirectly or through a third party; and>
599-17 <(3) if the bidder is a firm, a statement showing the
599-18 names of all members of the firm and stating whether any other
599-19 person, firm, or corporation has any financial interest in the firm
599-20 and whether any member of the firm has any financial interest in
599-21 any other textbook publishing house.>
599-22 <(d) In the event any publisher, after filing the affidavit,
599-23 shall employ an attorney or other representative to assist in
599-24 securing the award of a contract by the State Board of Education,
599-25 such employment shall be disclosed to the board by filing a
599-26 supplementary affidavit before any contract is awarded to the
599-27 publisher.>
600-1 <(e) A publisher who cannot or does not comply with the
600-2 provisions of this section shall not be eligible to bid.>
600-3 <Sec. 12.21. AFFIDAVIT AS WARRANTY. The statements made in
600-4 all affidavits filed by a publisher shall be considered warranties
600-5 and, if found to be untrue, shall subject the contract to
600-6 forfeiture and authorize a recovery on the bond to the full amount
600-7 thereof, as liquidated damages, unless it is shown that such
600-8 misstatement or nondisclosure of fact was unintentional or an
600-9 oversight on the part of the publisher.>
600-10 <Sec. 12.22. ANTITRUST REGULATIONS. (a) No book or books
600-11 shall be purchased from any person, firm, or corporation who is a
600-12 member of or connected with any trust.>
600-13 <(c) The State Board of Education shall also require the
600-14 corporations, persons, or firms to file attested copies of all
600-15 written agreements entered into and existing between them and
600-16 others engaged in the textbook publishing business.>
600-17 <Sec. 12.23. CONSIDERATION OF BIDS. (a) The State Board of
600-18 Education shall meet at the time and place mentioned in the public
600-19 notice of adoptions to be made, as specified in Section 12.17 of
600-20 this code. The board shall then and there open and examine the
600-21 sealed proposals received.>
600-22 <(b) No bid shall be considered from, and no contract shall
600-23 be made with, any publisher who has failed to establish his
600-24 eligibility in compliance with the terms of Section 12.20 of this
600-25 code;>
600-26 <(c) No bid shall be considered and no book or books shall
600-27 be purchased from any person, firm, or corporation who is a member
601-1 of or connected with any trust, or if, in the opinion of the State
601-2 Board of Education, the affidavit, written agreements, or other
601-3 facts presented in compliance with the terms of Section 12.22 of
601-4 this code are violations of the antitrust laws of the State of
601-5 Texas or opposed to public policy.>
601-6 <Sec. 12.24. SELECTION AND ADOPTION. (a) The State Board
601-7 of Education shall adopt rules to provide for a full and complete
601-8 investigation of all books and accompanying bids and for an
601-9 opportunity for members of the public to comment in regard to
601-10 textbook content or in support of or against any textbook
601-11 presented. In all substantive and procedural matters relating to
601-12 the textbook adoption process, all persons submitting written
601-13 and/or oral commentary shall receive equal treatment. The
601-14 textbooks shall be selected and adopted after a careful examination
601-15 and consideration of all books presented.>
601-16 <(b) The books selected and adopted shall be those which in
601-17 the opinion of the board are most acceptable for use in the
601-18 schools. Quality, mechanical construction, paper, print, price,
601-19 authorship, literary merit, and other relevant matters shall be
601-20 given such weight in making the decisions as the board may deem
601-21 advisable.>
601-22 <(c) No textbook shall be adopted until it has been read
601-23 carefully and examined by an appropriate subject area expert.>
601-24 <(d) The State Board of Education shall proceed to adopt for
601-25 use in the public schools of this state textbooks on all branches
601-26 authorized by this chapter.>
601-27 <(e) If no texts on any prescribed subject are submitted by
602-1 any particular publisher or publishers that meet the requirements
602-2 of the schools, as may be determined by the board, then it shall be
602-3 the duty of the board to instruct the commissioner of education to
602-4 investigate the book market for the purpose of securing bids with a
602-5 view of providing at the most reasonable price or prices possible,
602-6 the best available texts on subjects that are to be adopted by the
602-7 board for the schools of Texas.>
602-8 <(f) Textbooks adopted by the State Board of Education that
602-9 contain information about alcohol or other drugs must:>
602-10 <(1) clearly and consistently promote nonuse of
602-11 alcohol or other drugs in a manner that is appropriate for the age
602-12 of students at the grade level for which the textbook is adopted;>
602-13 <(2) clearly and consistently state the addictive,
602-14 illegal nature of alcohol or other drugs; and>
602-15 <(3) emphasize the health and general welfare benefits
602-16 of the nonuse of alcohol or other drugs.>
602-17 <Sec. 12.25. MAXIMUM PRICE. The maximum price which the
602-18 State Board of Education shall contract to pay, f.o.b. the city
602-19 approved as the shipping point for depositories, for any books to
602-20 be used in the public schools of this state shall not exceed the
602-21 minimum price at which the publisher sells the book in wholesale
602-22 quantities, f.o.b. the publisher's publishing house, after all
602-23 discounts have been deducted. Any contract made for the purchase
602-24 of books for use in the public schools of Texas at a higher price
602-25 than the maximum price fixed by the preceding sentence of this
602-26 section shall be void.>
602-27 <Sec. 12.251. PRICE EVALUATION AND LIMITATION. (a) The
603-1 Central Education Agency shall develop a system for the evaluation
603-2 of price increases for textbooks. The agency shall solicit
603-3 information from the publishing industry to accurately estimate the
603-4 costs of adopting books in a subject area. The information may
603-5 include the effect of inflation and the effect of changes in agency
603-6 policy and requirements.>
603-7 <(b) If the price of textbooks for a subject area
603-8 significantly exceeds the projected costs for textbooks in that
603-9 subject area, the State Board of Education may set a price limit
603-10 that the board considers appropriate for those textbooks. A
603-11 contract for textbooks at a higher price than the price limit set
603-12 by the board under this section is void.>
603-13 <Sec. 12.26. BOND. (a) The bidder to whom any contract may
603-14 have been awarded shall execute a good and sufficient bond payable
603-15 to the State of Texas. The bond shall be in an amount which the
603-16 State Board of Education deems advisable but not less than $2,500
603-17 for each textbook adopted by the State Board of Education for use
603-18 in the public schools of the state. The bond shall be approved by
603-19 the State Board of Education and shall be conditioned that the
603-20 contractor shall faithfully perform all the conditions of the
603-21 contract.>
603-22 <(b) For the purpose of securing satisfactory bond a series
603-23 of pamphlet writing books shall be considered as one textbook, a
603-24 series of pamphlet drawing books shall be considered as one
603-25 textbook, and a series of band, chorus, or orchestra pamphlet-type
603-26 books shall be considered as one textbook.>
603-27 <(c) The bond shall not be exhausted by a single recovery
604-1 thereon, but may be sued on from time to time until the full amount
604-2 is recovered.>
604-3 <(d) The State Board of Education may, at any time, on 20
604-4 days' notice, require a new bond to be given and in the event the
604-5 contractor shall fail to furnish new bond, the contract of the
604-6 contractor may at the option of the State Board of Education, be
604-7 forfeited.>
604-8 <Sec. 12.27. PREPARATION AND EXECUTION OF CONTRACT AND BOND.
604-9 (a) The contract and bond shall be prepared by the attorney
604-10 general, and be payable in Travis County, Texas, and shall be
604-11 deposited in the office of the secretary of state.>
604-12 <(b) Each contract shall be duly signed by the publishing
604-13 house or its authorized officers and agents; and if it is found to
604-14 be in accordance with all the provisions of this chapter, and if
604-15 the bond required by this chapter is presented and duly approved,
604-16 the State Board of Education shall approve the contract and order
604-17 it to be signed on behalf of the board by the chairman.>
604-18 <(c) All contracts shall be made in duplicate, one copy to
604-19 remain in custody of the secretary of state and be copied or appear
604-20 reproduced in full in the minutes of the meeting of the State Board
604-21 of Education in a well-bound book, and the other copy to be
604-22 delivered to the company or its agent.>
604-23 <Sec. 12.28. PROVISIONS FOR UPDATING BOOKS. (a) Every
604-24 contract shall contain a provision that the State Board of
604-25 Education may, during the life of the contract, on giving one
604-26 year's previous notice to the publishers of the book or books,
604-27 order the changes, amendments, and additions to the book or books
605-1 so selected and adopted as in the discretion of the board shall
605-2 keep them up-to-date and abreast of the times. Such revisions
605-3 shall not be made more often than at two-year intervals.>
605-4 <(b) If in the judgment of the State Board of Education
605-5 changes or revisions make it impractical for the revised books to
605-6 be used in the same class with the old books, the publishers shall
605-7 be required to give the same exchange terms as were given when the
605-8 books were first adopted, and the exchange period shall extend two
605-9 years from the time the revised books are first put into use in the
605-10 schools.>
605-11 <(c) Nothing in this section shall be construed to give the
605-12 State Board of Education power or authority to abandon any book or
605-13 books originally contracted for.>
605-14 <Sec. 12.29. OTHER CONTRACT PROVISIONS. (a) The State
605-15 Board of Education shall specify the duration of time of all
605-16 adoption contracts, which shall be for a period the board may
605-17 determine but not to exceed six years.>
605-18 <(b) The right to exclusive use of new books during the
605-19 first three years of the term of any contract shall be waived by
605-20 the contracting publishers to provide for the gradual introduction
605-21 of new books.>
605-22 <(c) No contract shall ever be made that binds the state to
605-23 buy a specific number of a specific quantity of textbooks, but all
605-24 contracts shall be for such books as the state may need.>
605-25 <(d) Each contract shall provide or be construed to
605-26 authorize that any book adopted in the contract by the State Board
605-27 of Education may be sold by the publisher designated depository to
606-1 any person, or to private and/or parochial schools, or state
606-2 institutions of this state at the same rate and discount as those
606-3 granted to the state, provided advance payment accompanies the
606-4 purchase.>
606-5 <(e) Each contract shall contain a clause to the effect
606-6 that, if the contract is cancelled by reason of fraud, collusion,
606-7 or material breach, the full amount of the bond given by the
606-8 contractor shall be considered as liquidated damages to be
606-9 recovered out of the bond by the state at the suit of the attorney
606-10 general.>
606-11 <Sec. 12.30. ANNOUNCEMENT OF ADOPTION. (a) As soon as the
606-12 State Board of Education has entered into the contract for the
606-13 furnishing of books for the public schools of this state under the
606-14 provisions of this chapter, it shall be the duty of the board to
606-15 issue its proclamations of such facts to the people of the state.>
606-16 <(b) As soon as practical after the adoption of the
606-17 textbooks provided for in this chapter, the commissioner of
606-18 education shall address to the county superintendents and to the
606-19 presidents of the school boards in independent school districts and
606-20 to the presidents of school boards in common school districts
606-21 having 300 or more scholastic population a circular letter which
606-22 shall contain a list of all the books and such other information as
606-23 he may deem advisable.>
606-24 <Sec. 12.31. CENTRAL DEPOSITORIES. (a) Except as provided
606-25 by Section 12.311 of this code, all parties with whom existing book
606-26 contracts have been or hereafter may be made shall establish or
606-27 designate a depository in one or more cities of this State approved
607-1 by the State Board of Education as the shipping points for
607-2 depositories, where a stock of their goods to supply all immediate
607-3 demands shall be kept. All contractors not maintaining their own
607-4 separate or individual depository shall designate and/or maintain a
607-5 joint agency or depository in a city of this State approved by the
607-6 State Board as the shipping point for depositories. At such
607-7 approved depository each contractor joining in such joint
607-8 depository shall keep on hand a sufficient stock of books to supply
607-9 the schools of the State.>
607-10 <(b) The designation of any depository(ies) for purposes as
607-11 required in above subsection (a), and/or any change thereof shall
607-12 be subject to the approval of the State Board of Education.>
607-13 <Sec. 12.32. ENFORCEMENT OF CONTRACTS. (a) Any person,
607-14 firm, or corporation with whom a contract has been entered into
607-15 under the provisions of this chapter, shall designate the secretary
607-16 of state of Texas as its agent, on whom citation shall be served,
607-17 and all other writs and processes, in the event any suit shall be
607-18 brought against the person, firm, or corporation.>
607-19 <(b) The commissioner of education shall carefully label and
607-20 file away the copies of books adopted as furnished for examination
607-21 to the State Board of Education; the copies shall be securely kept
607-22 and the standard of quality and mechanical excellence of the books
607-23 so furnished under contract shall be maintained during the
607-24 continuance of the contract.>
607-25 <(c) Complaints regarding textbook service or quality shall
607-26 be made both to the commissioner of education and to the state
607-27 depository designated by the contractor of the books or to the
608-1 contractor if no depository is designated. In the event a
608-2 complaint does not receive reasonable prompt attention, the
608-3 complaint shall be taken to the county judge, who shall report the
608-4 fact to the attorney general. The attorney general shall bring
608-5 suit on account of the failure in the name of the State of Texas in
608-6 a district court of Travis County, and shall recover on the bond
608-7 given by the contractor for the full value of the books not
608-8 furnished as required, and an additional sum of $100. Each day of
608-9 failure to furnish the books shall constitute a separate offense.
608-10 The amounts so recovered shall be placed to the credit of the state
608-11 textbook fund.>
608-12 <Sec. 12.33. CANCELLATION OF CONTRACTS. (a) Any contract
608-13 entered into under the provisions of this chapter may be cancelled
608-14 by the state in a suit instituted by the attorney general for
608-15 fraud, or collusion, or material breach of the contract on the part
608-16 of either party to the contract or any member of the State Board of
608-17 Education or any person, firm, or corporation, or their agents
608-18 making the bond or contract.>
608-19 <(b) For the cancellation of any such contract the attorney
608-20 general is authorized to bring suit in the proper court of Travis
608-21 County.>
608-22 <(c) In case of the cancellation of any contract as provided
608-23 for, the damages shall be fixed at not less than the amount of the
608-24 bond, to be recovered as liquidated damages in the same suit
608-25 canceling contract. Because of the difficulty of determining the
608-26 damages that might accrue by reason of fraud, collusion, or
608-27 material breach, and cancellation of a contract, the full amount of
609-1 the bond given by the contractor shall be considered as liquidated
609-2 damages to be recovered by the state at the suit of the attorney
609-3 general.>
609-4 <(d) In the event it is established that any antitrust
609-5 regulation as specified in Section 12.22 of this code has been
609-6 violated, the violation shall be held to be fraud and collusion,
609-7 and the attorney general shall bring suit on the bond of that
609-8 person, firm, or corporation, and on proof of violation shall
609-9 recover the liquidated damages as provided for in this section.>
609-10 <Sec. 12.34. CONTINUING OR DISCONTINUING TEXTBOOKS. (a) It
609-11 shall be the duty of the State Board of Education to meet annually
609-12 at a date to be specified in the public notice required by Section
609-13 12.17, Texas Education Code, and at such other times as it may deem
609-14 necessary for the purpose of considering the advisability of
609-15 continuing or discontinuing, at the expiration of each current
609-16 contract, any or all of the state-adopted textbooks in the public
609-17 schools of Texas and for making such adoptions as are provided for
609-18 in this chapter.>
609-19 <(b) Adoptions for the total number of different texts shall
609-20 be so arranged that contracts on not more than one-sixth of the
609-21 total number of different basal subjects shall expire in any one
609-22 year or shall be changed in any one year. Adoptions for texts
609-23 shall be arranged so that not more than one of the elementary level
609-24 basal subjects of reading, mathematics, language arts, science, and
609-25 social studies, expires in any one year or is changed in any one
609-26 year. The series of pamphlet books referred to in Section 12.26(b)
609-27 of this code shall each be considered as one book.>
610-1 <(c) Before making any change in the adopted series, the
610-2 board shall, on thorough investigation, satisfy itself that a
610-3 change is necessary for the best interest of the school children
610-4 and that such change is consistent with financial economy.>
610-5 <(d) Before the board shall determine to displace any book
610-6 on which the contract is expiring, it shall, before making a new
610-7 contract for a new text, ascertain through the office of the
610-8 commissioner of education the number of usable books of the kind on
610-9 which the contract has expired or is about to expire, there are on
610-10 hand, and also the estimated number of books that would be required
610-11 to supply the needs of the schools of the state using the books for
610-12 the first, second, and third years immediately succeeding the
610-13 expiration of the contract on the books. The purpose of furnishing
610-14 such an estimate of the number of books needed shall be to give the
610-15 textbook publishers only an approximation as to the possible
610-16 quantity of books which the state may need, but the state shall not
610-17 be bound to any specific quantity.>
610-18 <(f) The board shall then secure from the publisher of the
610-19 book on which the contract has expired or is about to expire a bid
610-20 or offer for the furnishing of such textbooks to meet the actual
610-21 necessities of the schools of the state during the first-, second-,
610-22 and/or third-year period, allowing the state, however, a margin of
610-23 25 percent over, or 25 percent under, the estimated number to be
610-24 required.>
610-25 <(g) If, upon consideration of the cost of the books
610-26 required to supply such needs for such a period, it appears to the
610-27 board that it will be economical to do so, it may make a contract
611-1 with such publishers to furnish such books during said first-,
611-2 second-, and/or third-year period with a view to using up the
611-3 entire supply of such books on hand instead of wasting the same at
611-4 the expiration of the original contract. At the expiration of the
611-5 period, the board shall then make a contract for a textbook on the
611-6 subject.>
611-7 <(h) Unless new textbooks better suited to the requirements
611-8 of the schools are offered to supplant existing textbooks at a
611-9 price and in quality satisfactory to the board, the board shall
611-10 renew the existing contracts for such period as may be deemed
611-11 advisable not to exceed a period of six years.>
611-12 <(i) Whenever the contractor supplying any book agrees to
611-13 renew the contract on the same terms for a period of not less than
611-14 two years nor more than six years, the members of the State Board
611-15 of Education shall give preference to the offer of the company
611-16 holding the contract if they shall thereby secure as good or better
611-17 books at a lower price than by making a different contract.>
611-18 <(j) It shall always be lawful for the board to renew a
611-19 contract on such terms that in its judgment may be for the best
611-20 interest of the state.>
611-21 <(k) To insure that current material is always available to
611-22 the schoolchildren of Texas and to enable the development of
611-23 material in an orderly and efficient manner, the State Board of
611-24 Education shall develop and implement a balanced adoption cycle for
611-25 proclamation of needs for textbooks and other instructional
611-26 materials. At a minimum, the adoption cycle shall:>
611-27 <(1) extend over a period not to exceed six years,
612-1 determined by the State Board of Education to be the most
612-2 beneficial and desirable time span to meet the textbook needs of
612-3 Texas public schools;>
612-4 <(2) be planned on the basis of a cost to the state of
612-5 not less than $15 per scholastic population for the first year of
612-6 the cycle and adjusted thereafter to account for increasing costs
612-7 due to inflation of the economy;>
612-8 <(3) be so arranged that the total cost of new
612-9 adoptions shall be approximately equal for each year of the
612-10 proposed cycle, except as adjusted for increasing costs and a
612-11 growing scholastic population;>
612-12 <(4) be all-inclusive of all subjects required by
612-13 statute or by the State Board of Education to be used in the public
612-14 school system of Texas during the period of time encompassed by the
612-15 cycle;>
612-16 <(5) be developed in such a manner that it will
612-17 operate on a continuing basis so that providers of textbooks and
612-18 other instructional materials shall be kept advised in advance of
612-19 the subjects to be called for adoption each year; and>
612-20 <(6) provide that except under emergency conditions
612-21 deemed necessary by the State Board of Education, all changes or
612-22 amendments in the cycle shall be made in such manner and at such
612-23 time as to give notice of the change to the providers of textbooks
612-24 and other instructional materials as far in advance as possible.>
612-25 <Sec. 12.35. PURCHASE AND DISTRIBUTION. (a) The purchase
612-26 and distribution of free textbooks for the state shall be under the
612-27 management of the commissioner of education, subject to the
613-1 approval of the State Board of Education.>
613-2 <(b) One copy of each textbook used in the work taught by
613-3 the teacher shall be issued by the school trustees, or their
613-4 representatives, to each teacher as a desk copy. These books shall
613-5 be returned to the trustees or their representatives at the close
613-6 of the session.>
613-7 <(c) Books purchased in accordance with the terms of this
613-8 chapter shall be delivered to the school districts f.o.b. the Texas
613-9 depository of the publisher or as provided under Section 12.311 of
613-10 this code and shall be shipped by freight, parcel post, or express,
613-11 as may be set out in the requisition.>
613-12 <(d) If it is necessary for a publisher that designates a
613-13 depository or for the depository to prepay any shipping charge, it
613-14 shall be repaid by the state, in the same manner that the books are
613-15 paid for, and in addition to the bill for books.>
613-16 <(e) The State Department of Education may direct the route
613-17 by which books shall be shipped.>
613-18 <(f) Bills for textbooks purchased by the state on
613-19 requisitions as provided for in this chapter shall be paid by
613-20 warrants on the state treasury made by the state comptroller of
613-21 public accounts on receipt of bills approved by the commissioner of
613-22 education. The payment shall be made within 90 days from date of
613-23 delivery, and if payment is delayed thereafter, a six percent per
613-24 annum shall be added until date of payment.>
613-25 <(g) Any person, school not controlled by the state, state
613-26 institution, or dealer in any county in the state may order books
613-27 from the state depository designated by the publisher, and the
614-1 books so ordered shall be furnished at the same rate and discount
614-2 as are granted to the state, but in that case the designated
614-3 depository may require that the price of books so ordered shall be
614-4 paid in advance.>
614-5 <Sec. 12.36. FORFEITURE OF POSITION. During the term of his
614-6 employment, a trustee or teacher in any public school or
614-7 institution of higher learning in Texas, county or city
614-8 superintendent, university president, or college president shall
614-9 not act as agent or attorney for any textbook publishing company
614-10 selling textbooks in Texas. Acceptance of the agency or
614-11 attorneyship shall by operation of law forfeit his position with
614-12 the public schools.>
614-13 <SUBCHAPTER C. LOCAL OPERATIONS>
614-14 <Sec. 12.61. REQUISITIONS.>
614-15 <(b) Within one week subsequent to the first school day in
614-16 April compiled reports as to the maximum attendance for the school
614-17 shall be made by the principal to the superintendent or, if there
614-18 is no district superintendent, the report shall be made to the
614-19 county superintendent having jurisdiction of the district.>
614-20 <(c) Each superintendent of an independent school district,
614-21 and each principal of a school district classified as common having
614-22 a scholastic population of 300 or more and electing to have its
614-23 books requisitioned and distributed directly to the district, shall
614-24 compile maximum attendance reports and make such reports to the
614-25 commissioner of education.>
614-26 <(d) Each county superintendent shall compile reports of the
614-27 schools classified as common and under his jurisdiction (except for
615-1 those electing to requisition directly as provided in Subsection
615-2 (c) of this section), and make a report to the commissioner of
615-3 education.>
615-4 <(e) Books needed as reported in Subsection (d) of this
615-5 section shall be requisitioned and distributed entirely through the
615-6 office of the county superintendent. However, any school district
615-7 classified as common with a scholastic population of 300 or more
615-8 may elect to have its books requisitioned and distributed in the
615-9 same manner as are those for independent school districts. The
615-10 duties of the county superintendent with reference to the care and
615-11 distribution of textbooks shall be subject to the approval of the
615-12 county school board and the commissioner of education.>
615-13 <(f) Reports as to the maximum attendance of each school
615-14 shall be made to the commissioner of education as prescribed in
615-15 Subsections (c) and (d) of this section not later than April 25 of
615-16 each year. Blank forms for such reports and for the requisition of
615-17 textbooks shall be prepared and furnished by the State Department
615-18 of Education.>
615-19 <(g) Requisition for textbooks for a subsequent session
615-20 shall be based on the reports of the maximum number of scholastics
615-21 in attendance during the preceding school session, plus an
615-22 additional 10 percent, except as otherwise provided. Requisitions
615-23 shall be made through the commissioner of education and furnished
615-24 by him to the state depository designated by contractors of books
615-25 not later than June 1 of each year; but in cases of unforeseen
615-26 emergency the designated state depository shall fill orders for
615-27 books on requisition approved by the State Department of Education.>
616-1 <(h) Requisitions for textbooks shall be delivered to the
616-2 county superintendent by each principal or superintendent of those
616-3 school districts whose books are requisitioned and distributed
616-4 through the county superintendent.>
616-5 <(i) Requisitions for supplementary readers and other
616-6 textbooks may be made at convenient times during the session and
616-7 should be made within one month in advance of the time the books
616-8 will be needed.>
616-9 <Sec. 12.62. LOCAL ADOPTIONS. (b) In each subject of the
616-10 elementary and high school grades, one or more of the several
616-11 textbooks of each multiple list adopted may be selected by local
616-12 school officials; but all of the schools in any one district, or
616-13 all districts under the supervision of any one county school system
616-14 (county school board and/or superintendent) must select the same
616-15 book or books for all of the schools within the system.>
616-16 <(c) Once textbooks are selected from the multiple lists,
616-17 they shall be continued in use in that school system for the entire
616-18 period of the adoption.>
616-19 <(d) Supplementary readers for pre-primer, primer, first,
616-20 second, and third grades shall be distributed on a quota of not
616-21 more than 300 percent of the enrollment for each of the grades to
616-22 which the book is assigned.>
616-23 <(e) Supplementary readers for the fourth through the eighth
616-24 grades shall be distributed on a quota basis not in excess of 200
616-25 percent of the grade enrollment to which the books are assigned.>
616-26 <(f) Computer courseware and other electronic instructional
616-27 materials shall be distributed on the basis of equal access for
617-1 each pupil enrolled in a subject for which the courseware or other
617-2 materials are adopted.>
617-3 <(g) All other books not specified in this section shall be
617-4 supplied on the basis of one book for each pupil enrolled in the
617-5 subject for which the book is adopted and not to exceed the total
617-6 enrollment for the subject plus the teachers' copies.>
617-7 <Sec. 12.63. TITLE, CUSTODY, AND DISPOSITION. (a) After
617-8 purchase according to the provisions of this chapter, all textbooks
617-9 are and shall remain the property of the State of Texas.>
617-10 <(b) Specific rules as to the requisition, distribution,
617-11 care, use, and disposal of books may be adopted by the State Board
617-12 of Education. Such rules shall not conflict with the provisions of
617-13 this code.>
617-14 <(c) Textbooks shall be subject to inspection by any agent
617-15 or inspector authorized by those having charge of the local
617-16 textbook service or authorized by the commissioner of education
617-17 subject to approval of the State Board of Education.>
617-18 <(d) The commissioner of education with the approval of the
617-19 State Board of Education may provide for the disposition of those
617-20 textbooks which are no longer in fit condition to be used for
617-21 instruction purposes, or for the disposition of discarded books
617-22 remaining the property of the state. In case of the disuse of
617-23 books in fair condition, inspectors of the State Department of
617-24 Education may require continuance of their use.>
617-25 <(e) The school trustees of each district shall be
617-26 designated as the legal custodians of the books and shall have the
617-27 power to make such arrangements for the distribution of books to
618-1 the pupils as they may deem most effective and economical.>
618-2 <(f) Pursuant to rules and regulations promulgated by the
618-3 State Board of Education, the commissioner of education shall make
618-4 available on request copies of discontinued textbooks for use in
618-5 libraries maintained in city and county jails, institutions within
618-6 the Department of Corrections, and other state agency institutions.>
618-7 <(g) The State Board of Education shall adopt rules under
618-8 which a school district may donate discontinued books to a student,
618-9 to an adult education program, or to a nonprofit organization.>
618-10 <Sec. 12.65. DISTRIBUTION; HANDLING. (a) The district
618-11 school trustees may delegate, under such terms as they deem best,
618-12 to their employees power to requisition and distribute books and to
618-13 manage books, but such delegations of authority shall not be at
618-14 variance with the provisions of this code or with the rules for
618-15 free textbooks adopted by the State Board of Education.>
618-16 <(b) All books shall have on one inside cover a printed
618-17 label stating that the book is the property of the state. Schools
618-18 shall number all books, placing the number on the printed label.
618-19 Teachers shall keep a record of the number of all books issued to
618-20 each pupil. Books must be covered by the pupil under the direction
618-21 of the teacher. Books must be returned to the teacher at the close
618-22 of the session or when the pupil withdraws from school.>
618-23 <(c) Each pupil, or the pupil's parent or guardian, is
618-24 responsible to the teacher for all books not returned by the pupil,
618-25 and any pupil failing to return all books shall forfeit the right
618-26 to free textbooks until the books previously issued but not
618-27 returned are paid for by the parent or guardian. Under
619-1 circumstances determined by the board of trustees, a school
619-2 district may waive or reduce the payment requirement if the student
619-3 is from a family of low income. The school district may provide
619-4 for a method of payment other than a lump-sum payment of the full
619-5 price of the book. The school district shall allow the student to
619-6 use textbooks at school during each school day. If the book is not
619-7 returned and payment is not made, the district may withhold the
619-8 pupil's records. A district is not authorized under this
619-9 subsection to prevent a student from being graduated or
619-10 participating in a graduation ceremony and from receiving a
619-11 diploma.>
619-12 <(d) Teachers and school officers must make such reports as
619-13 to the use, care, and condition of free textbooks as may be
619-14 required by the local trustees or by the State Department of
619-15 Education. The salary for any month of any teacher or employee who
619-16 neglects to make the report at the proper time may be withheld
619-17 until each report is received in a condition satisfactory in form
619-18 and content.>
619-19 <(e) No teacher or employee of the school engaged in the
619-20 distribution of textbooks under this code as the agent or employee
619-21 of the state, or of any county or district in the state, shall, in
619-22 connection with this distribution, sell or distribute, or in any
619-23 way handle, any kind of school furniture or supplies, such as
619-24 desks, stoves, blackboards, crayons, erasers, pens, ink, pencils,
619-25 tablets, etc.>
619-26 <(f) Covers of all books shall be removed before reissue,
619-27 and the pupils to whom the books are issued shall replace the
620-1 covers.>
620-2 <Sec. 12.66. SALE OF BOOKS. The local boards of school
620-3 trustees may sell books to pupils or parents attending the public
620-4 schools of this state, at the state contract price. All money
620-5 accruing from sales of textbooks by boards of school trustees shall
620-6 be forwarded to the commissioner of education as directed, and
620-7 deposited in the state textbook fund.>
620-8 <Sec. 12.67. REGISTRATION OF CERTAIN TRANSACTIONS. (a) If
620-9 a school district employee enters into a business relationship,
620-10 employment contract, or other transaction with a textbook publisher
620-11 doing business, or with the potential of doing business, with the
620-12 state or a school district in the state and the transaction
620-13 directly or indirectly results in remuneration to the employee, the
620-14 transaction must be registered with the superintendent of the
620-15 school district.>
620-16 <(b) Records of transactions registered under this section
620-17 are public records.>
620-18 CHAPTER 32 <14>. COMPUTERS AND COMPUTER-RELATED
620-19 EQUIPMENT
620-20 SUBCHAPTER A <B>. POWERS AND DUTIES OF TEXAS EDUCATION
620-21 AGENCY <STATE BOARD OF EDUCATION> RELATING TO ELECTRONIC
620-22 INSTRUCTIONAL TECHNOLOGY AND COMPUTER-RELATED EQUIPMENT
620-23 Sec. 32.001 <14.021>. DEVELOPMENT OF LONG-RANGE PLAN. (a)
620-24 The State Board of Education shall develop a long-range plan for:
620-25 (1) acquiring and using technology in the educational
620-26 system <technology-based systems for instructional purposes in the
620-27 classroom>;
621-1 (2) fostering professional development related to the
621-2 use of technology for educators and others associated with the
621-3 growth of children <evaluating, developing, and acquiring computer
621-4 software for use in the classroom>;
621-5 (3) fostering computer literacy among public school
621-6 students so that by the year 2000, all <Texas> high school
621-7 graduates in this state will have computer-related competencies
621-8 that meet standards adopted by the State Board of Education; and
621-9 (4) identifying and, through regional education
621-10 service centers, distributing information on emerging technology
621-11 for use in the public schools.
621-12 (b) The State Board of Education <board> shall update as
621-13 necessary the plan developed under Subsection (a) <of this
621-14 section>.
621-15 (c) The State Board of Education <board>, in coordination
621-16 with the Texas Higher Education Coordinating Board and other public
621-17 agencies and institutions the State Board of Education <board>
621-18 considers appropriate, shall propose legislation and funding
621-19 necessary to implement the plan developed under Subsection (a)<,
621-20 including legislation relating to textbook adoption, a
621-21 well-balanced curriculum, or standards for teacher certification>.
621-22 <(d) The Central Education Agency shall take actions
621-23 necessary to implement the long-range plan for technology. The
621-24 commissioner shall report to the governor annually on the
621-25 implementation process.>
621-26 <(e) The board shall biennially report to the governor and
621-27 the legislature on:>
622-1 <(1) the equity of the distribution and use of
622-2 technology under this chapter; and>
622-3 <(2) the implementation of and revisions to the
622-4 long-range plan for technology.>
622-5 <(f) Each school district may create a technology council of
622-6 persons from the public and private sectors to assist schools in
622-7 the application and adaptation of technology.>
622-8 <Sec. 14.022. APPROVAL OF SOFTWARE BY BOARD. (a) To ensure
622-9 that current computer software is available for use in the
622-10 classroom, the board shall develop and implement a cycle for
622-11 approving computer software for use in the classroom. The cycle
622-12 may not exceed one year.>
622-13 <(b) The board shall base its approval of software for use
622-14 in the classroom on recommendations made by the commissioner.>
622-15 <(c) The board shall publish and make available to each
622-16 school district a list and a description of all computer software
622-17 currently approved by the board for acquisition for use in the
622-18 classroom.>
622-19 Sec. 32.002 <14.023>. APPROVAL NOT REQUIRED. A school
622-20 district is not required by this subchapter to acquire or use
622-21 technology <only computer software for classroom use> that has been
622-22 approved, selected, or contracted for by the State Board of
622-23 Education or the commissioner <board>.
622-24 Sec. 32.003 <14.024>. AGENCY <BOARD> AUTHORITY TO CONTRACT.
622-25 <(a)> The commissioner, as provided by State Board of Education
622-26 policy, <board> may contract with developers of technology
622-27 <computer software> to supply technology <software> for use <in the
623-1 classroom> by school districts throughout this state.
623-2 <(b) A contract for computer software may provide for the
623-3 developer of the software to update over a specified period of time
623-4 software acquired under the contract.>
623-5 <Sec. 14.025. DISTRIBUTION. The board may provide for
623-6 acquiring software and distributing the software to school
623-7 districts throughout the state or for school districts to acquire
623-8 their own software.>
623-9 <Sec. 14.026. STATEWIDE AVAILABILITY. The board shall take
623-10 reasonable action to ensure that all school districts in this
623-11 state, regardless of a district's economic situation, have equal
623-12 access to software approved or contracted for by the board.>
623-13 (Sections 32.004-32.030 reserved for expansion
623-14 SUBCHAPTER B <C>. STATEWIDE DEVELOPMENT OF
623-15 TECHNOLOGY AND TELECOMMUNICATIONS
623-16 Sec. 32.031 <14.041>. PURPOSE. To <In designing an
623-17 education system to> prepare students for the 21st century, it is
623-18 the policy of this state <the State of Texas> that a superior
623-19 <quality> education <system> should be available to all students
623-20 under a thorough and efficient system of education. <Under this
623-21 system, every student must have access to a comprehensive
623-22 curriculum designed to provide the basis for quality education.
623-23 Teachers and administrators must be provided technical resources
623-24 and training to guide the instruction of their students. The
623-25 conduct and management of the system must be performed in an
623-26 efficient and economical manner.> Educational resources must be
623-27 devoted to the maximum extent possible to the instruction of
624-1 students. To accomplish those <these> purposes, public education
624-2 must use, <utilize> in a comprehensive manner, appropriate
624-3 technology in all aspects of instruction, administration, and
624-4 communication.
624-5 Sec. 32.032 <14.042>. ELECTRONIC INFORMATION SYSTEM. (a)
624-6 The agency <State Board of Education> shall establish and maintain
624-7 an electronic information transfer system, as provided by State
624-8 Board of Education policy, that is capable of transmitting
624-9 information<, according to criteria established by the board,>
624-10 among school districts, regional education service centers, <the
624-11 Central Education Agency,> and other state and education entities
624-12 <the board considers appropriate for participation in the system.
624-13 The board shall provide the appropriate standards for software and
624-14 direct the agency to provide training for professional staff in
624-15 order to reduce paperwork and better manage systems of reporting>.
624-16 (b) The commissioner <board> may contract with suppliers of
624-17 computer hardware, software, or communications equipment and
624-18 services to provide hardware, software, or communications
624-19 equipment, training, and services to school districts, regional
624-20 education service centers, and the agency <Central Education
624-21 Agency>. The State Board of Education <board> shall adopt
624-22 standards and qualifications for hardware, software, and
624-23 communications equipment, training, and services supplied through
624-24 contract under this section.
624-25 (c) The State Board of Education, on the commissioner's
624-26 recommendation, may establish a reasonable fee for services
624-27 provided under this subchapter <Central Education Agency shall
625-1 identify model schools and disseminate information on the model
625-2 schools' technological program development to school districts in
625-3 all geographic areas of the state>.
625-4 Sec. 32.033 <14.043>. INTEGRATED TELECOMMUNICATIONS SYSTEM.
625-5 (a) The agency <Central Education Agency>, in coordination with
625-6 institutions of higher education and other public or private
625-7 entities <agencies>, shall maintain and expand as needed the
625-8 telecommunications capabilities of school districts and regional
625-9 education service centers. The agency shall design and implement
625-10 an educational telecommunications <telecommunication> system for
625-11 distance education throughout the state. <The agency shall provide
625-12 comprehensive delivery of:>
625-13 <(1) curricula and staff development;>
625-14 <(2) technical assistance;>
625-15 <(3) instructional software; and>
625-16 <(4) other text, graphics, or audio, video, or
625-17 digitized communications equipment and services.>
625-18 (b) As necessary, the State Board of Education <The board>
625-19 shall conduct feasibility studies related to the provision of
625-20 telecommunications capabilities <including the capabilities of
625-21 public broadcasting systems under Subsection (a) of this section
625-22 and shall adopt criteria for the provision and maintenance of those
625-23 capabilities>.
625-24 (c) The commissioner <board> may contract with public
625-25 broadcasting systems and other suppliers of telecommunications
625-26 equipment, programming, training, and services to provide
625-27 equipment, programming, training, and services, according to
626-1 priorities determined by the State Board of Education <board>, to
626-2 districts, regional education service centers, and the agency
626-3 <Central Education Agency>.
626-4 (d) In providing additional telecommunications capabilities,
626-5 the State Board of Education <board> shall give priority attention
626-6 to those school districts with limited financial resources.
626-7 Sec. 32.034 <14.044>. CENTER FOR EDUCATIONAL TECHNOLOGY.
626-8 (a) The commissioner, as provided by State Board of Education
626-9 policy, may enter into an interagency contract with a public
626-10 institution of higher education or a consortium of public
626-11 institutions of higher education in this state to sponsor a center
626-12 for educational technology under this section.
626-13 (b) The purpose of the center is to improve the quality and
626-14 efficiency of the educational process through research,
626-15 development, or site evaluation of:
626-16 (1) existing and new applications of technology
626-17 specifically designed for education; and
626-18 (2) educational applications of technology originally
626-19 developed for commercial or other purposes.
626-20 (c) The membership of the center shall consist of public
626-21 school educators, regional education service centers, institutions
626-22 of higher education, nonprofit organizations <universities>, and
626-23 private sector representatives <companies engaged in the
626-24 development of computer software and hardware, educational
626-25 materials, tests, and other related products>. The State Board of
626-26 Education shall establish membership policies for <adopt policies
626-27 for the admission and withdrawal of members from> the center.
627-1 (d) <(c)> The <governing> board of directors of the center
627-2 shall be appointed by the State Board of Education and shall
627-3 consist of:
627-4 (1) representatives of the center, including members
627-5 of the public education system <participating companies>;
627-6 (2) a representative of each sponsoring institution of
627-7 higher education<, nominated by the president of the institution>;
627-8 and
627-9 (3) <representatives of the public education system;
627-10 and>
627-11 <(4)> the commissioner <of education> or the
627-12 commissioner's <his> representative.
627-13 <(d) The State Board of Education shall adopt specific
627-14 policies to permit small companies access to participation in the
627-15 center.>
627-16 (e) The <governing> board of directors shall:
627-17 (1) employ a <an executive> director for the center;
627-18 (2) establish priorities for the center's activities
627-19 <adopt rules, subject to the approval of the State Board of
627-20 Education, for administration, operation, and management of the
627-21 center>; and
627-22 (3) report annually on the operation, projects, and
627-23 fiscal affairs of the center to the <governor's office, the
627-24 Legislative Budget Board, and the> State Board of Education and the
627-25 membership of the center.
627-26 (f) <The activities of the center shall include the
627-27 development of:>
628-1 <(1) new applications of technology specifically
628-2 designed for education purposes;>
628-3 <(2) prototype educational applications of a
628-4 technology originally developed for commercial or other purposes;>
628-5 <(3) prototypes of technological devices for students
628-6 with disabilities and teachers;>
628-7 <(4) computer-based methods for diagnosing students'
628-8 learning methods; and>
628-9 <(5) other applications of educational technology
628-10 designed to improve the quality and efficiency of the educational
628-11 process.>
628-12 <(g)> The <executive> director is responsible for <shall
628-13 manage> the center's activities. <The members of the center shall
628-14 engage in the activities on a project-by-project basis. The
628-15 activities may involve interdisciplinary university research teams
628-16 and public educators. Prototype products may be tested at public
628-17 school campuses that volunteer to participate in the testing.>
628-18 <(h) The commissioner shall recommend standards for products
628-19 produced by the center to the State Board of Education.>
628-20 <(i) The legislature shall provide funds for the initial
628-21 development of the center. However, no unrestricted general
628-22 revenue funds shall be directly appropriated for the continued
628-23 operation of the center after the first three years of operation.
628-24 In addition, the General Revenue Fund shall be reimbursed for the
628-25 initial appropriations from any royalties or other income of the
628-26 center. Additional support for the center may include:>
628-27 <(1) annual membership dues for the private members;>
629-1 <(2) research services donated by members;>
629-2 <(3) facilities provided by each sponsoring
629-3 institution of higher education;>
629-4 <(4) public and private grants; and>
629-5 <(5) royalties or licensing fees from marketed
629-6 products produced by the center.>
629-7 <(j) The State Board of Education shall:>
629-8 <(1) adopt rules governing the voting power of
629-9 members;>
629-10 <(2) approve rules adopted by the governing board for
629-11 administration, operation, and management of the center; and>
629-12 <(3) establish priorities for the center's
629-13 activities.>
629-14 Sec. 32.035 <14.045>. DEMONSTRATION PROGRAMS. (a) The
629-15 agency <State Board of Education> shall establish <technology>
629-16 demonstration programs <in education settings throughout the state>
629-17 to:
629-18 (1) <demonstrate and> investigate the uses,
629-19 effectiveness, and feasibility of technologies for education; and
629-20 (2) provide models for effective education using
629-21 technology <and effects of technology. The programs shall apply
629-22 technologies to instructional or management tasks involving various
629-23 student populations, content areas, and school district types and
629-24 sizes, according to priorities established by the board>.
629-25 (b) The agency may design projects to encourage
629-26 participation and collaboration with other campuses, districts,
629-27 regional education service centers, the private sector, state and
630-1 federal agencies, nonprofit organizations, or institutions of
630-2 higher education <board may adopt procedures for the selection of
630-3 demonstration sites>.
630-4 <(c) The board may contract with vendors, including the
630-5 Center for Educational Technology, for the purchase, lease, or loan
630-6 of technology and software, courseware, programs, or other
630-7 materials for the demonstration programs.>
630-8 <(d) The board may temporarily suspend for the duration of a
630-9 program at a particular site a requirement or prohibition imposed
630-10 by state law other than class-size limitations that hinders the
630-11 application of the technology or is made unnecessary by the use of
630-12 the technology.>
630-13 <(e) To be approved under this section, a demonstration
630-14 program must:>
630-15 <(1) focus on improvements in educational
630-16 productivity, efficiency, and accountability;>
630-17 <(2) preserve to the satisfaction of the board the
630-18 rights of students, parents, and teachers granted by law; and>
630-19 <(3) provide specific procedures for the evaluation of
630-20 the program.>
630-21 <(f) A school district's application for approval of a
630-22 program under this section must include substantial evidence that
630-23 the district has adequately planned the program.>
630-24 <(g) A demonstration program approved under this section may
630-25 not result in an increase in the amount of state funds allocated to
630-26 the district or a decrease in the amount allocated to any other
630-27 district.>
631-1 <(h) If a demonstration program proposes a deviation from a
631-2 requirement or prohibition imposed by state law or rule, final
631-3 approval of the program by the State Board of Education constitutes
631-4 a waiver of the requirement or prohibition for the duration of the
631-5 program. A prohibition on conduct that constitutes a criminal
631-6 offense may not be waived.>
631-7 <Sec. 14.0451. PROJECTS FOR EDUCATIONAL TECHNOLOGY.
631-8 (a) The Central Education Agency shall establish one or more
631-9 pilot, model, or demonstration projects as the agency determines is
631-10 appropriate to test the effectiveness and feasibility of
631-11 educational technologies not currently in general use in the school
631-12 districts of this state, including computer-assisted instruction
631-13 and instructional management and telecommunications instruction. A
631-14 project may be conducted in one or more entire school districts or
631-15 in one or more individual schools as the agency determines is
631-16 appropriate.>
631-17 <(b) In designing projects under this section, the agency
631-18 may attempt to address any special educational needs or concerns
631-19 that the agency determines may be served by educational
631-20 technologies, such as:>
631-21 <(1) basic skills improvement;>
631-22 <(2) curriculum enhancement and diversity;>
631-23 <(3) dropout prevention;>
631-24 <(4) adult education and literacy and enhancement of
631-25 adult work force skills and competency;>
631-26 <(5) mathematics and science, foreign language,
631-27 English as a second language, and bilingual education;>
632-1 <(6) school districts with high concentrations of
632-2 students from low-income families;>
632-3 <(7) rural school districts and others with restricted
632-4 educational opportunities;>
632-5 <(8) students with special needs, including migratory
632-6 students, gifted students, and students with disabilities;>
632-7 <(9) early childhood education;>
632-8 <(10) teacher training and assistance;>
632-9 <(11) school system management; and>
632-10 <(12) coordination among schools, junior colleges, and
632-11 other off-campus centers.>
632-12 <(c) The agency shall design the projects to encourage the
632-13 participation and support of the private sector, state and federal
632-14 agencies, and junior colleges and other institutions of higher
632-15 education. The agency may design a project to qualify for
632-16 specific local, state, federal, or private grants or other support,
632-17 and may accept gifts, grants, or other financial or in-kind support
632-18 for purposes of this section.>
632-19 <(d) The agency may suspend for the duration of a project at
632-20 a particular site a requirement or prohibition imposed by state law
632-21 limitations that hinders the application of the technology or is
632-22 made unnecessary by the use of the technology.>
632-23 <(e) The agency shall ensure to the extent practicable that
632-24 projects established under this section do not result in the use of
632-25 advertising or commercialization in the classroom.>
632-26 <(f) To participate in a project, a school district must
632-27 apply to the agency. The agency shall notify each school district
633-1 of each project in a manner that gives each school district a
633-2 reasonable opportunity to apply for participation. The agency may
633-3 impose any conditions on the participation of a school district in
633-4 a project that the agency determines to be appropriate.>
633-5 <(g) The agency shall study the effectiveness and
633-6 feasibility of educational technologies included in a project and
633-7 shall report to the legislature annually the results of its
633-8 studies. Its reports shall include any recommendations for the
633-9 development, implementation, or coordination of educational
633-10 technologies for use in the school districts of this state.>
633-11 <Sec. 14.0451. TEXAS INTERACTIVE MULTIMEDIA COMMUNICATIONS
633-12 FUND DEMONSTRATION PROGRAM. (a) In this section:>
633-13 <(1) "Interactive multimedia communications" means
633-14 real-time, two-way, interactive voice, video, and data
633-15 communications conducted over networks that link geographically
633-16 dispersed locations.>
633-17 <(2) "Fund" means the Texas interactive multimedia
633-18 communications fund.>
633-19 <(b) The purpose of this section is to establish, as one of
633-20 the demonstration programs authorized under Section 14.045 of this
633-21 code, a Texas interactive multimedia communications fund to:>
633-22 <(1) provide substantially equal access for students
633-23 throughout the state to instruction of high quality in all courses
633-24 of study; and>
633-25 <(2) provide substantially equal access for teachers
633-26 and administrators throughout the state to teaching tools of high
633-27 quality and efficient management systems.>
634-1 <(c) The Texas interactive multimedia communications fund is
634-2 an account in the general revenue fund.>
634-3 <(d) The Central Education Agency may receive gifts and
634-4 grants for deposit to the credit of the fund.>
634-5 <(e) The Central Education Agency shall administer the fund
634-6 and make annual disbursements from the fund.>
634-7 <(f) The State Board of Education by rule shall provide for:>
634-8 <(1) the administration of the fund; and>
634-9 <(2) guidelines for interactive multimedia
634-10 communications services and equipment purchased with a grant under
634-11 this subchapter.>
634-12 <(g) The Central Education Agency shall grant money from the
634-13 fund to school districts for the acquisition of interactive
634-14 multimedia communications services or equipment.>
634-15 <(h) To be eligible for a grant under Subsection (g) of this
634-16 section, a school district must submit a grant application to the
634-17 Central Education Agency. The application must include a plan for
634-18 the use of the grant.>
634-19 <(i) The State Board of Education by rule shall adopt
634-20 guidelines and procedures for the award of grants under Subsection
634-21 (g) of this section.>
634-22 <(j) A grant received under Subsection (g) of this section
634-23 may be used only to purchase interactive multimedia communications
634-24 services or equipment.>
634-25 <Sec. 14.046. EDUCATION SERVICE CENTERS. The State Board of
634-26 Education may provide for the establishment and operation of a
634-27 technology preview center at each regional education service center
635-1 in the state for training school district faculty and staff,
635-2 demonstrating technology applications, and reviewing technologies.>
635-3 (Sections 32.036-32.080 reserved for expansion
635-4 SUBCHAPTER C <D>. TECHNOLOGY ALLOTMENT <FUND>
635-5 Sec. 32.081 <14.061>. PURPOSE. The purpose of this
635-6 subchapter is to improve student and educator productivity by:
635-7 (1) providing <provide substantially equal access for>
635-8 students <throughout the state to> instruction of high quality,
635-9 access to all required courses of study, and <to> information
635-10 resources <providing enrichment> through the use and application of
635-11 <computers and other emerging> technology; and
635-12 (2) providing <provide substantially equal access for>
635-13 teachers and administrators:
635-14 (A) superior professional development, effective
635-15 teaching tools, and <throughout the state to teaching tools of high
635-16 quality, to> efficient management systems through the use and
635-17 application of technology; and
635-18 (B) full-time access to technology for
635-19 professional use related to student learning<, and to instruction
635-20 in using technology in the classroom enabling teachers to
635-21 accomplish their daily tasks more quickly and efficiently,
635-22 particularly in areas such as parent communication, curriculum
635-23 planning, and interschool networking; and>
635-24 <(3) improve student productivity throughout the
635-25 state>.
635-26 Sec. 32.082 <14.063>. <FUND ADMINISTRATION;> TECHNOLOGY
635-27 ALLOTMENT. (a) <(b)> Each school district is entitled to an
636-1 annual allotment for the purposes provided under Section 32.083
636-2 <14.064 of this code> equal to its unadjusted average daily
636-3 attendance multiplied by $30, or a greater amount provided by
636-4 appropriation.
636-5 (b) <(c)> The cost of the technology allotment is shared by
636-6 the state and district in the same percentages as the district's
636-7 Foundation School Program under Chapter 42 <16 of this code>. The
636-8 state's share is paid from the technology fund.
636-9 (c) Equipment <(d) The State Board of Education shall
636-10 establish rules for the administration of this section. The rules
636-11 shall provide that the equipment> purchased with money allotted
636-12 under this section shall be used for the purposes <meet the
636-13 standards> established under this chapter.
636-14 (d) <(e)> If an insufficient amount is available in the fund
636-15 for the state's share of the allotments under Subsection (a) <(b)
636-16 of this section>, the agency shall reduce each district's allotment
636-17 in the same manner described for a reduction in allotments under
636-18 Section 42.253 <16.254 of this code>.
636-19 Sec. 32.083 <14.064>. USE OF ALLOTMENT. (a) A district's
636-20 allotment under Section 32.082 <14.063 of this code> may be used
636-21 only for:
636-22 (1) acquiring <the acquisition of> technological
636-23 equipment <and related services>, including hardware and<,>
636-24 software, <courseware, training, subscription fees for
636-25 telecommunications and data base services,> and <other> related
636-26 services <for the purposes of this subchapter>; and
636-27 (2) providing professional development to teachers,
637-1 administrators, librarians, other educational personnel, and other
637-2 members of the education community in the application of
637-3 technology, including full-time access to computers for
637-4 professional use related to student learning <the procurement of an
637-5 electronic on-line catalog, circulation system, CD-ROM, or other
637-6 emerging technology for each school library;>
637-7 <(3) the provision for electronic access to regional,
637-8 statewide, national, and international resources;>
637-9 <(4) the acquisition of telecommunications equipment
637-10 in classrooms for data base applications; and>
637-11 <(5) the research and development of emerging
637-12 instructional technology>.
637-13 (b) Each district shall use <The Central Education Agency
637-14 shall monitor the use of each district's allotment to ensure that>
637-15 at least 75 percent of the district's allotment <is used> to
637-16 provide campus-based <classroom> instructional services and
637-17 programs for school-age youth.
637-18 CHAPTER 33. SERVICE PROGRAMS
637-19 AND EXTRACURRICULAR ACTIVITIES
637-20 SUBCHAPTER A <V>. SCHOOL COUNSELORS
637-21 AND COUNSELING PROGRAMS
637-22 <Sec. 21.791. FINDINGS. The legislature finds that students
637-23 are subject to unprecedented social stress, including fragmentation
637-24 of the family, drug and alcohol abuse, child abuse, poverty,
637-25 violence, and suicide; symptoms of these stresses include
637-26 underachievement, school disinterest, classroom disruption, and
637-27 truancy; early and appropriate intervention can prevent or mitigate
638-1 these conditions, which lead to failure and the loss to society of
638-2 a fully functioning and competent adult. Professionals concerned
638-3 with education recognize that in addition to intellectual
638-4 challenges students must overcome personal, social, organizational,
638-5 and institutional challenges that could place them at risk of
638-6 educational failure. Intervention that addresses these challenges
638-7 is essential. Pupil service teams that include professional
638-8 counselors, psychologists, and school social workers are trained in
638-9 such interventions and in removing barriers to learning. Parents
638-10 and guardians also play a vital role. A comprehensive guidance
638-11 program directed by a professionally trained counselor is a
638-12 critical component of the school's prevention efforts.>
638-13 Sec. 33.001 <21.792>. APPLICABILITY OF SUBCHAPTER
638-14 <COUNSELING PROGRAMS>. This subchapter only applies to a school
638-15 district that receives funds as provided by Section 42.152(k)
638-16 <16.152(j) of this code>.
638-17 Sec. 33.002 <21.793>. Certified Counselor. (a) A school
638-18 district with 500 or more students enrolled in elementary school
638-19 grades shall employ a counselor certified under the rules of the
638-20 State Board for Educator Certification <of Education> for each
638-21 elementary school in the district. A school district shall employ
638-22 at least one counselor for every 500 elementary school students in
638-23 the district.
638-24 (b) A school district with fewer than 500 students enrolled
638-25 in elementary school grades shall provide guidance and counseling
638-26 services to elementary school students by:
638-27 (1) employing a part-time counselor certified under
639-1 the rules of the State Board for Educator Certification <of
639-2 Education>;
639-3 (2) employing a part-time teacher certified as a
639-4 counselor under the rules of the State Board for Educator
639-5 Certification <of Education>; or
639-6 (3) entering into a cooperative agreement with one or
639-7 more school districts to share a counselor certified under the
639-8 rules of the State Board for Educator Certification <of Education>.
639-9 Sec. 33.003. PARENTAL INVOLVEMENT. (a) Each school may
639-10 obtain, and keep as part of the student's permanent record, written
639-11 consent of the parent or legal guardian for the student to
639-12 participate in a counseling program or activity. The consent form
639-13 shall include specific information on the content of the program
639-14 and the types of activities in which the student will be involved.
639-15 (b) Each school, before implementing a comprehensive and
639-16 developmental guidance and counseling program, shall annually
639-17 conduct a parent's preview of the program. All materials must be
639-18 available for any parent to preview during school hours. Materials
639-19 or curriculum that are not included in the materials available on
639-20 the campus for preview by the parents may not be used.
639-21 Sec. 33.004 <21.795>. CRITERIA FOR DEVELOPMENTAL GUIDANCE
639-22 AND COUNSELING PROGRAMS. The State Board of Education by rule
639-23 shall adopt criteria for developmental guidance and counseling
639-24 programs <(a) A person employed as required by Section 21.793 of
639-25 this code shall work with the school faculty and staff, students,
639-26 parents, and the community to plan, implement, and evaluate a
639-27 program of guidance and counseling services. The counselor shall
640-1 design the program to:>
640-2 <(1) provide appropriate counseling and guidance for
640-3 the changing social, emotional, psychological, and academic needs
640-4 of students;>
640-5 <(2) provide direct services to students to help them
640-6 cope with family, social, and academic problems; and>
640-7 <(3) support the efforts of teachers and parents in
640-8 promoting the students' self-esteem, academic readiness, social and
640-9 interpersonal sensitivity and skills, and awareness of future
640-10 academic and career opportunities.>
640-11 <(b) In the developmental guidance program, the counselor
640-12 shall:>
640-13 <(1) in consultation with teachers, plan and implement
640-14 guidance activities and incorporate developmental concepts in
640-15 instructional plans;>
640-16 <(2) provide counseling to parents about child growth
640-17 and development, family communication skills, and the parental role
640-18 in encouraging learning; and>
640-19 <(3) cooperate with school faculty and staff in the
640-20 early identification, remediation, and referral of children with
640-21 developmental problems>.
640-22 Sec. 33.005 <21.794>. COUNSELORS <GENERAL DUTIES>. (a) The
640-23 primary responsibility of a counselor is to counsel students to
640-24 fully develop their academic, career, personal, and social
640-25 abilities.
640-26 (b) In addition, a counselor may, as established by policy
640-27 of the board of trustees of the school district <A person employed
641-1 as required by Section 21.793 of this code shall>:
641-2 (1) assist in the identification of students with
641-3 special needs<, including students who are at risk of dropping out
641-4 of school, of substance abuse, or of committing suicide or who are
641-5 in need of modified instructional strategies>;
641-6 (2) <counsel students, individually or in small
641-7 groups, in relation to educational, career, personal, and social
641-8 needs and make referrals when appropriate in consultation with the
641-9 student's parent or guardian;>
641-10 <(3)> provide professional expertise to school
641-11 faculty, staff, and administrators and parents and other community
641-12 members <that will help them increase the effectiveness of the
641-13 students' education>;
641-14 (3) <(4)> coordinate people and resources in the
641-15 school, home, and community <to fully develop the students'
641-16 academic, career, personal, and social abilities>;
641-17 (4) <(5)> with the assistance of the school staff,
641-18 develop and interpret an assessment program <that helps students,
641-19 parents, and teachers identify a student's abilities, aptitudes,
641-20 achievement level, and interests and that provides information
641-21 about programs> that may help a <the> student achieve the student's
641-22 goals; and
641-23 (5) <(6)> participate in the planning, implementation,
641-24 and evaluation of the local comprehensive and developmental
641-25 guidance and counseling program.
641-26 (c) <(b) Each school may obtain, and keep as part of the
641-27 student's permanent record, written consent by the parent or legal
642-1 guardian for the student to participate in a counseling program or
642-2 activity. The consent form shall include specific information on
642-3 the content of the program and the types of activities in which the
642-4 student will be involved.>
642-5 <(c) Each school, before implementing a comprehensive and
642-6 developmental guidance and counseling program, shall annually
642-7 conduct a parent's preview of the program. All materials,
642-8 including curriculum to be used during the year, shall be available
642-9 on the campus for any parent to preview during school hours. No
642-10 materials or curriculum may be used that is not included in the
642-11 materials available on the campus for preview by the parents.>
642-12 <Sec. 21.796. JOB DESCRIPTION; EVALUATION.> The agency
642-13 <Central Education Agency> shall develop and periodically update a
642-14 job description and an evaluation form for use by school districts
642-15 in evaluating school counselors. The agency shall consult with
642-16 state guidance counselor associations in the development and
642-17 modification of the job description and the evaluation form.
642-18 <Sec. 21.797. DEFINITION. In this subchapter, "elementary
642-19 school" means a public school in which classes are held for
642-20 kindergarten through fifth grade or kindergarten through sixth
642-21 grade.>
642-22 <Sec. 21.934. ENCOURAGEMENT OF COUNSELING PROGRAMS. The
642-23 State Board of Education shall adopt rules that encourage each
642-24 school district to provide a counseling program for all grades.>
642-25 (Sections 33.006-33.020 reserved for expansion
642-26 SUBCHAPTER B. LIBRARIES
642-27 Sec. 33.021 <11.36>. Library Standards. (a) The State
643-1 Board of Education shall establish <regulations for accreditation
643-2 of schools which establish> standards for library services and
643-3 personnel. <The standards shall include:>
643-4 <(1) minimum standards for employment of librarians
643-5 and other library personnel;>
643-6 <(2) acquisition and maintenance of library materials;
643-7 and>
643-8 <(3) the operation and development of learning
643-9 resources programs for each school district in this state.>
643-10 (b) Each regional education service center biennially shall
643-11 conduct an advisory evaluation of each library of a school district
643-12 in the region the center serves to determine whether the library
643-13 meets the standards recommended by the State Board of Education.
643-14 The center shall report the results of its evaluation to the board
643-15 of trustees of the school district. A district is not required to
643-16 meet the standards. <The standards shall include rules for the
643-17 expenditure of state funds. The local districts shall not be
643-18 required to expend local funds for the implementation of this
643-19 section.>
643-20 Sec. 33.022 <21.351>. Contract With County. (a) A <In
643-21 compliance with the terms of this subchapter, any> school district
643-22 <having boundaries embracing the entire area of a county having a
643-23 valuation in excess of $30 million> may enter into contracts with
643-24 the county in which the district is located <and with its board of
643-25 library trustees> to provide joint library facilities.
643-26 (b) The board of trustees of the school district and the
643-27 commissioners court of the county must conduct public hearings
644-1 before entering into a contract under this section. The hearings
644-2 may be held jointly.
644-3 <Sec. 21.352. PROCEDURE TO EXECUTE CONTRACT. (a) The
644-4 procedure by which such contracts may be authorized shall be as
644-5 prescribed by this section.>
644-6 <(b) The commissioners court of the county shall appoint a
644-7 board of library trustees consisting of five members who are
644-8 residents of the county.>
644-9 <(c) The board of library trustees shall organize by
644-10 appointing a chairman, a secretary, and a treasurer.>
644-11 <(d) The board of library trustees shall call a public
644-12 meeting for the purpose of presenting to the trustees of the school
644-13 district and the members of the commissioners court a petition
644-14 setting forth the need for additional library facilities and the
644-15 agreement of the board of library trustees to assume the financial
644-16 obligation of providing and maintaining an adequate public library
644-17 building upon or adjacent to the school campus or grounds, the
644-18 building to be used as a county free library and as a school
644-19 library for the benefit of both the school students and the general
644-20 public.>
644-21 <(e) The school trustees and the members of the
644-22 commissioners court, at a joint meeting called for that purpose,
644-23 shall consider the petition and agreement. If the plan of
644-24 financing is found to be practicable and feasible and is approved
644-25 by a majority both of the school trustees and of the commissioners
644-26 court, a contract in compliance with Section 21.353 of this Code
644-27 may be executed.>
645-1 <Sec. 21.353. CONTRACT PROVISIONS. (a) Contracts
645-2 authorized by this Article shall contain the provisions described
645-3 in this Section in consideration for the agreement of the board of
645-4 library trustees:>
645-5 <(b) The commissioners court must agree on its part to
645-6 deliver over to the board of library trustees in trust and keeping
645-7 the county-owned free library or libraries.>
645-8 <(c) The board of trustees of the school district must agree
645-9 on its part to convey, with or without added consideration (and is
645-10 hereby authorized to convey without the necessity of securing the
645-11 consent of the Texas Education Agency or any officer thereof), the
645-12 fee simple title to any individual lot or tract of land of any area
645-13 not greater than two city lots, if any such area is owned by the
645-14 school district on or adjacent to its campus and is not required
645-15 under then existing school plans. The conveyance may be
645-16 conditioned only by reserving to the school district the right to
645-17 repurchase the tract, in the event of its abandonment for library
645-18 purposes, at a price not to exceed any outstanding indebtedness
645-19 against any building constructed thereon by the board of library
645-20 trustees.>
645-21 <Sec. 21.354. CONSTRUCTION OF LIBRARY. (a) The public
645-22 library building, authorized by the above-described contract, shall
645-23 be constructed according to the provisions of this Section.>
645-24 <(b) After the execution of the joint contracts and the
645-25 receipt of conveyance of the tract of land, the board of library
645-26 trustees, by a majority vote at a meeting called for that purpose,
645-27 may employ an architect to prepare plans for the construction of a
646-1 combined library building and assembly hall.>
646-2 <(c) After the approval of the plans by both the board of
646-3 trustees of the school district and the commissioners court, the
646-4 board of library trustees may enter into all necessary contracts
646-5 for the construction of the building and the equipment thereof.
646-6 The board of library trustees is authorized to mortgage or encumber
646-7 the building to secure the financing thereof, but the indebtedness
646-8 so created must be repaid out of revenue funds produced from the
646-9 rental of the assembly hall or from private contributions and shall
646-10 never become a debt against the county of the school district. No
646-11 taxes shall be levied therefor.>
646-12 <Sec. 21.355. MANAGEMENT OF LIBRARY. (a) The management
646-13 and control of the public library building shall be under the
646-14 supervision and control of the board of library trustees so long as
646-15 a public free library is maintained therein, subject to the
646-16 provisions of law as to county free libraries and to the provisions
646-17 of this Section.>
646-18 <(b) A separate room or rooms shall be provided for the
646-19 county free library.>
646-20 <(c) The assembly hall and other parts of the building shall
646-21 be set aside for the use of educational and civic organizations of
646-22 the county. Educational and civic organizations shall have the
646-23 right of use of the assembly hall, subject to the rules made by the
646-24 board of library trustees and the necessary charges for use and
646-25 maintenance. County civic organizations may use the assembly hall
646-26 as a public assembly hall in keeping with the rules adopted by the
646-27 board of library trustees.>
647-1 (Sections 33.023-33.050 reserved for expansion
647-2 SUBCHAPTER C <U>. MISSING CHILD PREVENTION
647-3 AND IDENTIFICATION PROGRAMS
647-4 Sec. 33.051 <21.771>. Definitions. In this subchapter:
647-5 (1) "Child" and "minor" have the meanings assigned by
647-6 Section 11.01(1), Family Code.
647-7 (2) "Missing child" means a child whose whereabouts
647-8 are unknown to the legal custodian of the child and:
647-9 (A) the circumstances of whose absence indicate
647-10 that the child did not voluntarily leave the care and control of
647-11 the custodian and that the taking of the child was not authorized
647-12 by law; or
647-13 (B) the child has engaged in conduct indicating
647-14 a need for supervision under Section 51.03(b)(3), Family Code.
647-15 Sec. 33.052 <21.772>. Missing Child Prevention and
647-16 Identification Programs. (a) The board of trustees of a <public>
647-17 school district or of a private <nonpublic> school may participate
647-18 in missing child prevention and identification programs, including
647-19 fingerprinting and photographing as provided by this subchapter.
647-20 (b) The board of trustees of a <public> school district may
647-21 delegate responsibility for implementation of the program to the
647-22 district's school administration or to the district's community
647-23 education services administration.
647-24 (c) The chief administrative officer of each private
647-25 <nonpublic> primary or secondary school may participate in the
647-26 programs and may contract with the regional education service
647-27 center in which the school is located for cooperative operation of
648-1 all or any part of the program.
648-2 <(d) A missing child prevention and identification program
648-3 may include any of the following information:>
648-4 <(1) descriptions and statistics of currently missing
648-5 children;>
648-6 <(2) why and how children become missing children and
648-7 potential adverse consequences of becoming a missing child;>
648-8 <(3) effective alternatives for children who may be
648-9 considering running away from the care, custody, or control of
648-10 their parents or legal custodian;>
648-11 <(4) offenses under federal law that relate to missing
648-12 children;>
648-13 <(5) offenses under state law that relate to missing
648-14 children;>
648-15 <(6) state, local, federal, and private systems for
648-16 locating and identifying missing children;>
648-17 <(7) law enforcement operations concerning missing
648-18 children;>
648-19 <(8) persons and organizations that provide
648-20 information concerning missing children issues and matters;>
648-21 <(9) preventive measures and steps a child should take
648-22 if the child becomes a missing child; and>
648-23 <(10) efforts that schools, parents, and the community
648-24 can make to prevent abduction of children and to locate or identify
648-25 missing children.>
648-26 <Sec. 21.773. PARTICIPATION NOT REQUIRED. No public school
648-27 district or private school is required to participate in a missing
649-1 child prevention and identification program, and it is the intent
649-2 of the legislature that this chapter remain voluntary and not
649-3 required of any school district. However, if a public school
649-4 district or private school implements a missing child prevention
649-5 and identification program, the program shall comply with the
649-6 provisions of this subchapter.>
649-7 Sec. 33.053 <21.774>. Fingerprints of Children. (a) A
649-8 missing child prevention and identification program may <shall>
649-9 include a procedure for taking the fingerprints of each student
649-10 registered in the school whose parent or legal custodian has
649-11 consented in writing to the fingerprinting. Fingerprints obtained
649-12 under this section may be used only for the identification and
649-13 location of a missing child.
649-14 (b) <No child may be fingerprinted without the written
649-15 consent of the child's parent or legal custodian. Before
649-16 implementing a fingerprint procedure as part of a missing child
649-17 prevention and identification program, a school must:>
649-18 <(1) distribute information to parents and children to
649-19 encourage participation in the program; and>
649-20 <(2) request the written consent of the parent or
649-21 legal custodian of each child registered in the school to take the
649-22 child's fingerprints.>
649-23 <(c)> The board of trustees of a school district or the
649-24 chief administrative officer of a private <nonpublic> school may
649-25 establish a reasonable fee to cover the costs of fingerprinting not
649-26 provided by volunteer assistance. The fee may <shall> not exceed
649-27 $3 for each child fingerprinted. If the school charges a fee, the
650-1 school may waive all or a portion of the costs of fingerprinting
650-2 for children who qualify for free or reduced-price lunches in the
650-3 national school lunch programs.
650-4 (c) <(d)> A representative of a law enforcement agency of
650-5 the county or the municipality in which <city where> the school
650-6 district is located or of the Department of Public Safety, or a
650-7 person trained in fingerprinting technique by a law enforcement
650-8 agency or the Department of Public Safety, shall make one complete
650-9 set of fingerprints on a fingerprint card for each child
650-10 participating in the program. If the school requests, the
650-11 Department of Public Safety may provide fingerprint training to
650-12 persons designated by the school.
650-13 (d) <(e)> A fingerprint card shall include a description of
650-14 the child, including the name, address, date and place of birth,
650-15 color of eyes and hair, weight, and sex of the child.
650-16 (e) Except as provided by Section 33.054(b), the <(f) The>
650-17 fingerprint card and other materials developed under this
650-18 subchapter shall be made part of the school's permanent student
650-19 records.
650-20 (f) A <(g) No> state agency, law enforcement agency,
650-21 <organization,> or other person may not retain a copy of a child's
650-22 fingerprints taken under <in> this program.
650-23 Sec. 33.054 <21.775>. Photographs of Children. (a) A
650-24 participating school shall retain a current photograph of each
650-25 child registered in the school whose parent or legal custodian has
650-26 consented in writing. Photographs retained under this section may
650-27 be used only for the identification and location of a missing
651-1 child.
651-2 (b) The <A participating school shall, as a part of any
651-3 contract with a photographer who makes school pictures, require the
651-4 photographer to provide one wallet-sized photograph of each child
651-5 photographed without regard to whether the parent or child
651-6 purchases the school photographs.>
651-7 <(c) A participating school that does not arrange with a
651-8 photographer to make pictures of students at the school may acquire
651-9 photographs of registered students in any other manner, but the
651-10 school may not require a child to have his picture taken or to
651-11 produce a picture of himself without the consent of the parent or
651-12 other legal custodian of the child.>
651-13 <(d) A> photograph <of a child> shall be retained by the
651-14 participating school until the photograph is replaced by a
651-15 subsequently made photograph under this section or until the
651-16 expiration of three years, whichever is <the> earlier.
651-17 (c) <(e)> On the request of a parent or legal custodian of a
651-18 missing child, or of a peace officer who is engaged in the
651-19 investigation of a missing child, a participating school may give
651-20 to the parent, legal custodian, or peace officer a copy of that
651-21 child's photograph held by the school under this section. Except
651-22 as provided by this subsection, a photograph held under this
651-23 section may not be given to any person.
651-24 (d) <(f)> A participating school may charge a fee for making
651-25 and keeping records of photographs under this section. If the
651-26 school charges a fee, the school may waive this fee for children
651-27 who qualify for free or reduced-price lunches in the national
652-1 school lunch programs.
652-2 Sec. 33.055 <21.776>. Fingerprints and Photographs not Used
652-3 as Evidence. (a) A child's fingerprint card made under Section
652-4 33.053 or <21.774 of this code and> a photograph of a child made or
652-5 kept under Section 33.054 <21.775 of this code> may not be used as
652-6 evidence in any criminal proceeding in which the child is a
652-7 defendant or in any case under Title 3, Family Code, in which the
652-8 child is alleged to have engaged in delinquent conduct or in
652-9 conduct indicating a need for supervision.
652-10 (b) <Sec. 21.780. SCHOOL ANNUAL PHOTOGRAPHS.> This
652-11 subchapter does not apply to the use by a law enforcement agency
652-12 for an official purpose of a photograph published in a school
652-13 annual.
652-14 (c) This subchapter does not prevent the use of a videotape
652-15 or photograph taken to monitor the activity of students for
652-16 disciplinary reasons or in connection with a criminal prosecution
652-17 or an action under Title 3, Family Code.
652-18 Sec. 33.056 <21.777>. Liability for Nonperformance. A
652-19 person <or entity> is not liable in any suit for damages for
652-20 negligent performance or nonperformance of any requirement of this
652-21 subchapter.
652-22 <Sec. 21.778. NEWLY ENROLLED STUDENTS. Newly enrolled
652-23 students in a participating school may be fingerprinted and
652-24 photographed at the beginning of the semester following their
652-25 enrollment if their parents or legal custodians have consented as
652-26 required by this subchapter.>
652-27 Sec. 33.057 <21.779>. Destruction of Fingerprints and
653-1 Photographs. The agency <Central Education Agency> shall adopt
653-2 rules relating to the destruction of fingerprints and photographs
653-3 made or kept under this subchapter.
653-4 (Sections 33.058-33.080 reserved for expansion
653-5 SUBCHAPTER D. EXTRACURRICULAR ACTIVITIES
653-6 Sec. 33.081 <21.920>. Extracurricular Activities. (a) The
653-7 State Board of Education by rule shall limit participation in and
653-8 practice for extracurricular activities during the school day and
653-9 the school week. The rules shall, to the extent possible, preserve
653-10 the school day for academic activities without interruption for
653-11 extracurricular activities. In scheduling those activities and
653-12 practices, a district must comply with the rules of the board.
653-13 (b) A student enrolled in a school district in this state or
653-14 who participates in a University Interscholastic League competition
653-15 shall be suspended from participation in any extracurricular
653-16 activity sponsored or sanctioned by the school district or the
653-17 University Interscholastic League during the grade reporting period
653-18 after a grade reporting period in which the student received a
653-19 grade lower than the equivalent of 70 on a scale of 100 in any
653-20 academic class. The campus principal may remove this suspension if
653-21 the class is an identified honors or advanced class.
653-22 (c) Suspension of a student with a disability that
653-23 significantly interferes with the student's ability to meet regular
653-24 academic standards must <shall> be based on the student's failure
653-25 to meet the requirements of the student's individual education
653-26 plan. The determination of whether a disability significantly
653-27 interferes with a student's ability to meet regular academic
654-1 standards must <shall> be made by the student's admission, review,
654-2 and dismissal committee. For purposes of this subsection, "student
654-3 with a disability" means a student who is eligible for a district's
654-4 special education program under Section 29.003(b) <21.503(b) of
654-5 this code>.
654-6 <(d) Subsection (b) of this section applies beginning with
654-7 the spring semester, 1985.>
654-8 (d) A student may not be suspended under this section during
654-9 the period in which school is recessed for the summer or during the
654-10 initial grade reporting period of a regular school term on the
654-11 basis of grades received in the final grade reporting period of the
654-12 preceding regular school term.
654-13 (e) An appeal to the commissioner <of education> is not a
654-14 contested case under Chapter 2001, Government Code, <the
654-15 Administrative Procedure and Texas Register Act (Article 6252-13a,
654-16 Vernon's Texas Civil Statutes)> if the issues presented relate to a
654-17 student's eligibility to participate in extracurricular activities,
654-18 including issues related to the student's grades or the school
654-19 district's grading policy as applied to the student's eligibility.
654-20 The commissioner may delegate the matter for decision to a person
654-21 <or entity> the commissioner designates. The decision of the
654-22 commissioner or the commissioner's designee in a matter governed by
654-23 this subsection may not be appealed except on the grounds that the
654-24 decision is arbitrary or capricious. Evidence may not be
654-25 introduced on appeal other than the record of the evidence before
654-26 the commissioner.
654-27 Sec. 33.082 <21.9205>. Extracurricular Activities; Use of
655-1 Discriminatory Athletic Club. (a) An extracurricular activity
655-2 sponsored or sanctioned by a school district, including an athletic
655-3 event or an athletic team practice, may not take place at an
655-4 athletic club located in the United States that denies any person
655-5 full and equal enjoyment of equipment or facilities provided by the
655-6 athletic club because of the race, color, religion, creed, national
655-7 origin, or sex of the person.
655-8 (b) In this section, "athletic club" means an entity that
655-9 provides sports or exercise equipment or facilities to its
655-10 customers or members or to the guests of its customers or members.
655-11 Sec. 33.083 <21.921>. Interscholastic Leagues. (a) The
655-12 rules and procedures of an organization sanctioning or conducting
655-13 interscholastic competition, including rules providing penalties
655-14 for rules violations by school district personnel, must be
655-15 consistent with State Board of Education <board> rules.
655-16 (b) The University Interscholastic League is a part of The
655-17 University of Texas at Austin and must submit its rules and
655-18 procedures to the State Board of Education for approval,
655-19 disapproval, or modification. The funds belonging to the
655-20 University Interscholastic League shall be deposited with The
655-21 University of Texas at Austin for the benefit of the league
655-22 <League> and shall be subject to audits by The University of Texas
655-23 at Austin, The University of Texas System, and the state auditor.
655-24 Copies <State Auditor, and copies> of annual audits shall be
655-25 furnished, on <upon> request, to members of the legislature.
655-26 (c) The State Board of Education may seek an injunction to
655-27 enforce this section.
656-1 (d) The University Interscholastic League shall file
656-2 annually with the governor and the presiding officer of each house
656-3 of the legislature a complete and detailed written report
656-4 accounting for all funds received and disbursed by the University
656-5 Interscholastic League during the preceding fiscal year. The form
656-6 of the annual report and the reporting time are as provided by <in>
656-7 the General Appropriations Act.
656-8 Sec. 33.084 <21.9211>. Interscholastic League Advisory
656-9 Council. (a) The interscholastic league advisory council is
656-10 created. The council is composed of:
656-11 (1) two members of the State Board of Education
656-12 appointed by the chair <chairman> of the board;
656-13 (2) a member of the house of representatives appointed
656-14 by the speaker of the house;
656-15 (3) a member of the senate appointed by the lieutenant
656-16 governor;
656-17 (4) two members of the Legislative Council of the
656-18 University Interscholastic League appointed by the chairman of the
656-19 council;
656-20 (5) two public school board members appointed by the
656-21 commissioner <of education>; and
656-22 (6) three members of the <general> public appointed by
656-23 the commissioner <of education>.
656-24 (b) A member of the advisory council serves at the will of
656-25 the member's appointing authority.
656-26 (c) In appointing members of the <general> public to the
656-27 advisory council, the commissioner <of education> shall give
657-1 special consideration to students, parents of students, and
657-2 teachers.
657-3 (d) The advisory council shall select a chairman from among
657-4 its members and shall meet at the call of the chair.
657-5 (e) The advisory council shall review the rules of the
657-6 University Interscholastic League and shall make recommendations
657-7 relating to the rules to the governor, the legislature, the
657-8 Legislative Council of the University Interscholastic League, and
657-9 the State Board of Education. <The advisory council shall submit
657-10 its initial report not later than January 1, 1995.>
657-11 (f) A member of the advisory council may not receive
657-12 compensation but is entitled to reimbursement from the University
657-13 Interscholastic League for transportation expenses and the per diem
657-14 allowance for state employees in accordance with the General
657-15 Appropriations Act.
657-16 (g) The advisory council shall study:
657-17 (1) University Interscholastic League policy with
657-18 respect to the eligibility of students to participate in programs;
657-19 (2) geographic distribution of University
657-20 Interscholastic League resources and programs; and
657-21 (3) gender equity.
657-22 (h) An action <No actions> of the University Interscholastic
657-23 League relating to the provision of additional programs of school
657-24 districts may not <shall> be taken pending submission of a final
657-25 report by the advisory council.
657-26 Sec. 33.085 <21.906>. Insurance for School Athletes.
657-27 (a) In compliance with <the terms of> this section, the board of
658-1 trustees of any school district may <in this state is authorized,
658-2 but not required, to> secure, for the protection of students who
658-3 participate in interschool athletic competition, insurance against
658-4 bodily injuries sustained by those <such> students while training
658-5 for or engaging in such competition.
658-6 (b) The amount of insurance to be obtained must <shall> be
658-7 in keeping with the financial condition of the school district and
658-8 may <shall> not exceed the amount which, in the opinion of the
658-9 board of trustees, is reasonably necessary to afford adequate
658-10 medical treatment of students so injured.
658-11 (c) The insurance <herein> authorized by this section shall
658-12 <in all cases> be obtained from a <some> reliable insurance company
658-13 authorized to do business in this state <Texas> and must <shall> be
658-14 on forms approved by the commissioner of insurance <State Board of
658-15 Insurance>.
658-16 (d) The cost of the <such> insurance is <shall constitute> a
658-17 legitimate part of the total cost of the athletic program of the
658-18 school district, but premium payments may <shall> be paid only from
658-19 receipts accruing to the school from admission charges to school
658-20 athletic contests or other receipts from those <such> contests and
658-21 not from any <no> other fund.
658-22 (e) The failure of any board of trustees to carry the
658-23 insurance <herein> authorized by this section may <shall> not be
658-24 construed as placing any legal liability on <upon> the school
658-25 district or its officers, agents, or employees, for any injury that
658-26 results <which may result>.
658-27 (Sections 33.086-33.900 reserved for expansion
659-1 SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
659-2 Sec. 33.901 <21.914>. Breakfast Programs. If at least 10
659-3 percent of the students enrolled in one or more schools in a school
659-4 district or enrolled in a charter school are eligible for free or
659-5 reduced-price breakfasts under the national school breakfast
659-6 program provided for by the Child Nutrition Act of 1966 (42 U.S.C.
659-7 Section <Subsection> 1773), the governing board of the district or
659-8 the charter school shall participate in the program and make the
659-9 benefits of the program available to all eligible students in the
659-10 <said> schools or school.
659-11 Sec. 33.902 <21.932>. Public School Child Care. (a) In
659-12 this section, "school-age students" means children enrolled as
659-13 students in prekindergarten through grade 7.
659-14 (b) Each <Beginning with the 1990-1991 school year, each>
659-15 school district that on September 1 of a school <scholastic> year
659-16 has a student membership of more than 5,000 and that does not
659-17 provide directly or by contract child care services before and
659-18 after the school day and during school holidays and vacations for
659-19 the district's school-age students shall annually consider, during
659-20 at least two public hearings, the need for and availability of
659-21 child care before, after, or both before and after the school day
659-22 and during school holidays and vacations for the district's
659-23 school-age students.
659-24 (c) The district shall effectively publicize the hearings
659-25 and hold all the hearings before the start of the school year. The
659-26 Work and Family Policies Clearinghouse in the Texas Employment
659-27 Commission, not later than May 1 of each year, shall distribute to
660-1 each school district described by <in> Subsection (b) <of this
660-2 section> information that describes model school-age child care
660-3 programs and explains how a school district may obtain funds
660-4 through the federal Dependent Care Development Grant program or
660-5 other grant programs. A school district shall distribute the
660-6 information received from the clearinghouse to the public at a
660-7 hearing.
660-8 <(d) The school child care services fund is established in
660-9 the state treasury. The fund consists of money appropriated to the
660-10 fund, of transfers made under Subsection (e) of this section, and
660-11 of gifts, grants, or donations to the fund. The clearinghouse may
660-12 apply for and accept gifts, grants, and donations for that purpose.
660-13 The fund shall be used to pay the costs of implementing school-age
660-14 child care before and after the school day and during school
660-15 holidays and vacations for a school district's school-age students.
660-16 Eligible use of funds shall include planning, development,
660-17 establishment, expansion, or improvement of child care services and
660-18 reasonable start-up costs. The clearinghouse shall administer the
660-19 fund with the advice of the Central Education Agency. The
660-20 clearinghouse by rule shall establish procedures and eligibility
660-21 requirements for distributing money from the fund. Subject to the
660-22 eligibility requirements established by rule, the clearinghouse may
660-23 distribute money from the fund to any school district. The
660-24 clearinghouse may distribute money appropriated from the fund to
660-25 pay all or part of the fees charged for providing services to
660-26 students who have been identified as potential dropouts. The
660-27 clearinghouse shall assist school districts in the development and
661-1 evaluation of child care services.>
661-2 <(e) The comptroller shall determine the amount of employer
661-3 contributions that the state would have paid on amounts excluded
661-4 from the compensation paid to persons by state warrants subject to
661-5 the employee tax under the Federal Insurance Contributions Act (26
661-6 U.S.C. Section 3121 et seq.) for dependent care assistance expenses
661-7 under Section 125 or 129, Internal Revenue Code of 1986 (26 U.S.C.
661-8 Section 125 or 129). The comptroller shall transfer 50 percent of
661-9 that amount to the school child care services fund. The transfer
661-10 shall be made from each fund used to pay compensation to people who
661-11 receive state warrants in proportion to the amount of savings
661-12 attributable to each fund because of exclusion of dependent care
661-13 assistance benefits.>
661-14 CHAPTER 34. TRANSPORTATION
661-15 <SUBCHAPTER F. SCHOOL BUSES>
661-16 <Sec. 21.161. ><General Rule><. Except as specifically
661-17 authorized by this subchapter all motor vehicles used for
661-18 transporting school children (including buses, bus chassis, and bus
661-19 bodies, tires and tubes, but excluding passenger cars), purchased
661-20 by or for any school district participating in the Foundation
661-21 School Program, shall be purchased by and through the State Board
661-22 of Control.>
661-23 <Sec. 21.162. ><Emergency Purchase><. Any of the items
661-24 specified in Section 21.161 of this code may, in instances where an
661-25 emergency requires an immediate purchase thereof, be purchased by
661-26 any school district or the school trustees of any county provided
661-27 the purchase is reported to and approved by the Board of Control.>
662-1 <Sec. 21.164. ><Purchase With Donated Money, Etc><. Without the
662-2 approval of the Board of Control, the board of trustees of any
662-3 school district may purchase buses, bodies, chassis, tires, or
662-4 tubes with funds provided by gifts or by profits from athletic
662-5 contests or other school enterprises in no way supported by tax
662-6 funds or grants or appropriations from any governmental agency,
662-7 either state or federal.>
662-8 Sec. 34.001 <21.165>. PURCHASE; SAFETY STANDARDS <THROUGH
662-9 GENERAL SERVICES COMMISSION>. (a) A school district may purchase
662-10 school buses through the General Services Commission or under
662-11 Section 44.031. The General Services Commission may adopt rules as
662-12 necessary to implement this subsection. <The purchase of motor
662-13 vehicles (including buses, bus chassis, bus bodies, tires, and
662-14 tubes) by the General Services Commission shall be made in
662-15 compliance with the provisions of this section.>
662-16 (b) The State Board of Education and the General Services
662-17 Commission, with the advice of the Department of Public Safety,
662-18 shall establish safety standards for all school buses for the
662-19 transportation of public school students in accordance with Section
662-20 105, Uniform Act Regulating Traffic on Highways (Article 6701d,
662-21 Vernon's Texas Civil Statutes). <Whenever possible, the purchase
662-22 must be made on the basis of competitive bids submitted under rules
662-23 made by the General Services Commission.>
662-24 <(c) The purchase must be authorized by a requisition, which
662-25 may be submitted by either a board of county school trustees or the
662-26 board of trustees of a school district. The requisition must
662-27 include a general description of the article or articles desired,
663-1 as well as any other applicable matter specified in this section.>
663-2 <(d) If the requisition is for the purchase of a motor
663-3 vehicle, bus, bus body, or bus chassis, it must be approved by
663-4 either the county school board when funded under law or the board
663-5 of trustees of a school district.>
663-6 <(e) If the requisition is for the purchase of tires and
663-7 tubes, it must be approved by the county superintendent or the
663-8 chief administrative officer of a school district.>
663-9 <(f) If the requisition is for the purchase of special
663-10 equipment required, because of climatic or road conditions, to
663-11 guarantee adequate safety and comfort of school children, the
663-12 requisition must describe the special conditions and requirements
663-13 so that the General Services Commission may purchase equipment
663-14 which it determines to be adapted or designed for the conditions or
663-15 requirements.>
663-16 <(g) The board of county school trustees or board of
663-17 trustees of a school district shall pay for the article or articles
663-18 requisitioned as directed by the General Services Commission.>
663-19 Sec. 34.002 <4.18>. Operation of School Buses. Each school
663-20 bus, as defined by 15 U.S.C. Section 1391, must <(a) All vehicles
663-21 used for the transportation of pupils to and/or from any school or
663-22 college shall> have a sign on the front and rear and on each side
663-23 of the vehicle, showing the words "School Bus" in <and such words
663-24 shall be> plainly readable <in> letters at least <not less than>
663-25 eight inches in height. The <It shall be the duty of the> operator
663-26 of each <any> school bus shall ensure <to see> that the signs are
663-27 displayed<, but if a school bus is being operated on a highway for
664-1 any purpose other than the transportation of pupils, the markings
664-2 indicating "School Bus" shall be covered or concealed>.
664-3 <(b) Any person who violates the provisions of this section
664-4 shall be guilty of a misdemeanor unless such violation is by other
664-5 law of this state declared to be a felony. Every person convicted
664-6 of a misdemeanor for violation of this section shall be fined not
664-7 less than $1 nor more than $200 or confined in the county jail not
664-8 to exceed 90 days or both; provided, however, that if death results
664-9 to any person, caused either actually or remotely by a
664-10 noncompliance or violation of this section, then and in that event,
664-11 the party or parties so offending shall be punished as is now
664-12 provided by law.>
664-13 Sec. 34.003 <21.166>. Financing. (a) Any school district
664-14 financially unable to immediately pay <comply with the requirements
664-15 of immediate payment> for any motor vehicle, including a bus, bus
664-16 body <buses, bus bodies>, or bus chassis the district purchases
664-17 <purchased by it,> may, as prescribed by this section <subject to
664-18 the provisions hereunder>, issue interest-bearing time warrants in
664-19 amounts sufficient to make the <such> purchase<, any other law to
664-20 the contrary notwithstanding>.
664-21 (b) The warrants must <shall> mature in serial installments
664-22 not later than the fifth anniversary of <more than five years from>
664-23 the date of issue<,> and <shall> bear interest at a rate not
664-24 exceeding <to exceed> the maximum rate provided by Section 2(a),
664-25 Chapter 3, Acts of the 61st Legislature, Regular Session, 1969
664-26 (Article 717k-2, Vernon's Texas Civil Statutes). The warrants
664-27 shall be issued and sold at not less than their face value.
665-1 (c) The proceeds of the sale of the warrants shall be used
665-2 to provide the funds required for the purchase <requisitioned>.
665-3 (d) The warrants, on <shall upon> maturity and in the order
665-4 of their maturity dates, are <be> payable out of any available
665-5 funds of the school district and, as they become due, are <shall
665-6 be> entitled to first <and prior> payment out of those <such>
665-7 funds.
665-8 (e) Full records of all warrants issued and sold shall be
665-9 kept by the school district <and reported to the Board of Control>.
665-10 Sec. 34.004 <21.167>. Sale of Buses. (a) At the request of
665-11 a school district, the General Services Commission shall dispose of
665-12 a school bus.
665-13 (b) A school district is not required to dispose of a school
665-14 bus through the General Services Commission. <When any school
665-15 buses owned by any county or school district are to be sold, traded
665-16 in, or otherwise disposed of, they must be disposed of by the Board
665-17 of Control or by the county school trustees or the trustees of the
665-18 school district under such rules and regulations as the Board of
665-19 Control may provide.>
665-20 <Sec. 21.168. ><Rules and Regulations><. The Board of Control
665-21 shall have the power to make rules or adopt regulations to
665-22 effectuate the purpose of the purchase and sale provisions of this
665-23 subchapter.>
665-24 Sec. 34.005 <21.169>. Compliance. <Compliance with the
665-25 purchase and sale provisions of this subchapter shall be a
665-26 condition precedent to participation in the Foundation School
665-27 Fund.> Any school district failing or refusing to comply with the
666-1 safety standards established under Section 34.001 is <shall be>
666-2 ineligible to share in the transportation allotment under Section
666-3 42.156 until the first anniversary of <Foundation School Fund for
666-4 one year from> the date of that <such> failure or refusal <or
666-5 violation of the terms hereof>.
666-6 <Sec. 21.171. ><Regulations of Department of Education><. The
666-7 boards of trustees of all school districts providing transportation
666-8 for pupils and all drivers used in that service shall abide by any
666-9 and all regulations pertaining thereto which may be promulgated by
666-10 the State Department of Education as authorized in Section 11.12 of
666-11 this code.>
666-12 <Sec. 21.172. ><Transportation to Nearest College or
666-13 University><. (a) Any school district may furnish transportation by
666-14 school bus or other conveyance to and from the nearest college or
666-15 university for residents of the district who are enrolled at the
666-16 college or university. Neighboring school districts may contract
666-17 with each other to provide this transportation service for
666-18 residents of the districts.>
666-19 <(b) Nothing in this section affects the transportation cost
666-20 allotment to which any school district is entitled under the
666-21 Minimum Foundation School Program.>
666-22 Sec. 34.006 <21.173>. STANDING CHILDREN <Standees>. A <(a)ª
666-23 Except as otherwise provided by this section, a> school district
666-24 that receives funding under <Subsection (h) of> Section 42.155
666-25 <16.156 of this code> may not require or allow a child to stand on
666-26 a school bus that is in motion.
666-27 <(b) A school district may apply to the commissioner of
667-1 education for permission to operate a school bus with standees. If
667-2 the commissioner finds good cause, the commissioner may order that
667-3 the district be permitted to operate the school bus with standees.>
667-4 <(c) If a district's application under Subsection (b) of
667-5 this section is not acted on within a reasonable amount of time as
667-6 determined by rule of the State Board of Education permission to
667-7 operate buses with standees is considered to have been granted
667-8 without regard to subsequent action by the commissioner.>
667-9 <(d) A school district that operates a bus with standees
667-10 under Subsection (b) or (c) of this section may not operate one or
667-11 more buses with standees for more than a total of 10 days during
667-12 any school year, and the district may not permit more than one
667-13 child per seat to stand while a bus is in motion.>
667-14 <(e) The State Board of Education shall adopt rules
667-15 necessary to carry out this section. The rules shall include
667-16 guidelines describing situations that justify operation of a bus
667-17 with standees and shall provide a mechanism that ensures that
667-18 applications under Subsection (b) of this section are acted on
667-19 without delay.>
667-20 Sec. 34.007 <21.174>. public school transportation system.
667-21 (a) A board of county school trustees <The county school boards,
667-22 where funded under law,> or a school <local> district board of
667-23 trustees may <school boards, subject to approval by the state
667-24 commissioner of education, are authorized to> establish and operate
667-25 an economical public school transportation system in the county or
667-26 district, as applicable <within their respective counties or school
667-27 districts>.
668-1 (b) In establishing and operating the <such> transportation
668-2 system <systems>, the county or school <local> district board
668-3 <school boards> shall<:>
668-4 <(1) requisition buses and supplies from the state
668-5 board of control as provided for in this subchapter;>
668-6 <(2) prior to June 1 of each year, with the
668-7 commissioner's approval, establish school bus routes in their
668-8 respective counties or districts for the succeeding school year;>
668-9 <(3)> employ school bus drivers certified in
668-10 accordance with standards and qualifications adopted <promulgated
668-11 jointly> by <the State Board of Education and> the <Texas>
668-12 Department of Public Safety as required by law<; and>
668-13 <(4) be responsible for the maintenance and operation
668-14 of school buses>.
668-15 Sec. 34.008. ALTERNATIVE FUELS REQUIREMENT. (a) <(c)(1)>
668-16 Except as provided by Section 34.009 or 34.010 <in Subsections (e)
668-17 and (f)>, a <no> county or school <local> district <school> board
668-18 may not purchase or lease or authorize the purchase or lease <after
668-19 September 1, 1993,> of any motor vehicle used for transporting
668-20 school children for any county or <local> school district operating
668-21 more than 50 of those <such> vehicles unless that vehicle is
668-22 capable of using compressed natural gas or other alternative fuels
668-23 that <which> result in comparably lower emissions of oxides of
668-24 nitrogen, volatile organic compounds, carbon monoxide, or
668-25 particulates <or any combination thereof>.
668-26 (b) <(2)> A county or school <local> district <school> board
668-27 may acquire or be provided equipment or refueling facilities
669-1 necessary to operate <such> vehicles using compressed natural gas
669-2 or other alternative fuels:
669-3 (1) <(A)> by purchase or lease as authorized by law;
669-4 (2) <(B)> by gift or loan of the equipment or
669-5 facilities; or
669-6 (3) <(C)> by gift or loan of the equipment or
669-7 facilities or other arrangement pursuant to a service contract for
669-8 the supply of compressed natural gas or other alternative fuels.
669-9 (c) <(3)> If <such> equipment or facilities are donated,
669-10 loaned, or provided through other arrangement with the supplier of
669-11 compressed natural gas or other alternative fuels under Subsection
669-12 (d), the supplier is <shall be> entitled to recoup its actual cost
669-13 of donating, loaning, or providing the equipment or facilities
669-14 through its fuel charges under the supply contract.
669-15 (d) <(1)> Any county or school <local> district <school>
669-16 board that <which> operates a fleet of more than 50 motor vehicles
669-17 used for transporting school children shall ensure that:
669-18 (1) at least <(A) not less than> 50 percent of its
669-19 fleet is capable of using compressed natural gas or other
669-20 alternative fuel not later than the earlier of September 1, 1997,
669-21 or four years after <from> the date the fleet exceeds 50 vehicles;
669-22 and
669-23 (2) at least <(B) not less than> 90 percent of its
669-24 fleet is capable of using compressed natural gas or other
669-25 alternative fuel not later than September 1, 2001.
669-26 (e) <(2)> A school district may meet the fleet composition
669-27 requirements under Subsection (f) by converting new or existing
670-1 vehicles to alternative fuel, by replacing existing vehicle engines
670-2 with alternative fuel engines, or by purchasing new alternative
670-3 fuel vehicles.
670-4 (f) <(3)> A school district <School districts> that achieved
670-5 <achieve> a fleet composition of 30 percent or more alternative
670-6 fuel vehicles by September 1, 1994, has <have> priority to receive
670-7 appropriated or other funds available for <the purpose of> fleet
670-8 conversion to alternative fuel.
670-9 (g) In this section, a vehicle is considered to be capable
670-10 of using compressed natural gas or other alternative fuels if the
670-11 vehicle is capable of using compressed natural gas or other
670-12 alternative fuels either in its original equipment engine or in an
670-13 engine that has been converted to use compressed natural gas or
670-14 other alternative fuels after September 1, 1991.
670-15 Sec. 34.009. EXCEPTIONS TO ALTERNATIVE FUELS REQUIREMENT.
670-16 (a) <(e)(1)> The requirements of Section 34.008 <Subsections (c)
670-17 and (d)> do not apply to any school district if the county or
670-18 school <local> district <school> board:
670-19 (1) annually <acts in accordance with Paragraph (A),
670-20 (B), or (C).>
670-21 <(A) The requirements do not apply if the county
670-22 or local district school board> solicits, but does not receive, any
670-23 bids for service contracts for the supply of compressed natural gas
670-24 or other alternative fuels that are at or below the net projected
670-25 costs of continued use of traditional gasoline or diesel fuels
670-26 measured over the expected useful life of the equipment or
670-27 facilities supplied;
671-1 (2) <. The bid solicitation provision does not
671-2 require any board to solicit a bid for service contracts more than
671-3 once during any fiscal year.>
671-4 <(B) The requirements do not apply if the county
671-5 or local district school board> solicits, but does not receive, any
671-6 bids for conversion of engines or vehicles or replacement of
671-7 engines or vehicles to compressed natural gas or other alternative
671-8 fuels that are at or below the net projected costs of continued use
671-9 of traditional gasoline or diesel fuels measured over the expected
671-10 useful life of the engine or vehicle; and
671-11 (3) at least once during each three-year period<.>
671-12 <(C) The requirements do not apply if the county
671-13 or local district school board> solicits, but does not receive, any
671-14 bids for a contract that provides for conversion or replacement<,
671-15 or both,> of engines or vehicles<, or both,> to compressed natural
671-16 gas or other alternative fuel and for the supply of compressed
671-17 natural gas or other alternative fuels that is at or below the net
671-18 projected costs of continued use of traditional gasoline or diesel
671-19 fuels measured over the expected useful life of the equipment,
671-20 facilities, vehicles, and engines<. The bid solicitation provision
671-21 does not require a board to solicit such a bid more than once
671-22 during any three-year period>.
671-23 (b) Section 34.008 does not require a district to convert to
671-24 alternative fuel a vehicle put into service on or before September
671-25 1, 1993.
671-26 (c) <(2)> A person making a bid or submitting a proposal in
671-27 response to a solicitation made in compliance with Subsection (a)
672-1 shall <this subsection has the burden to> provide the <school>
672-2 board the information on total cost-effectiveness of the bid,
672-3 including, if applicable, the cost of new warranties for vehicle or
672-4 engine conversion and insurance costs.
672-5 (d) <(3)> In determining total cost-effectiveness under
672-6 Subsection (a) <this subsection>, a board may consider both the
672-7 short-term and long-term costs to the district and other objective
672-8 factors that may affect the capacity of the district to use
672-9 compressed natural gas or other alternative fuels. The board shall
672-10 consider availability of state and federal funds for conversion and
672-11 replacement purposes.
672-12 <(f) The requirements of Subsections (c) and (d) do not
672-13 require any district to convert any vehicle put into service on or
672-14 before September 1, 1993, to alternative fuel. The requirements of
672-15 Subsections (c) and (d) do not apply until September 1, 1995, for
672-16 any district that applied for a two-year life-cycle cost benefit
672-17 waiver prior to September 1, 1993, if that waiver is subsequently
672-18 granted. The General Services Commission shall expedite the
672-19 process on all those waiver applications.>
672-20 Sec. 34.010. SAFETY STANDARDS FOR ALTERNATIVE FUEL SYSTEMS.
672-21 <(g)> County and school <local> district <school> boards and the
672-22 General Services Commission in purchasing, leasing, maintaining, or
672-23 converting vehicles for compressed natural gas or other alternative
672-24 fuels use shall comply with all applicable safety standards adopted
672-25 <promulgated> by the United States Department of Transportation and
672-26 the Railroad Commission of Texas or their successor agencies.
672-27 Section 34.008 does <The requirements of Subsections (c) and (d)
673-1 do> not require a district to convert any vehicle or engine to
673-2 compressed natural gas or other alternative fuel if the conversion
673-3 does not meet fuel system integrity standards as designed and
673-4 tested by the National Highway Traffic <Transportation> Safety
673-5 Administration or the Railroad Commission of Texas.
673-6 <(h) In this section, a vehicle is considered to be capable
673-7 of using compressed natural gas or other alternative fuels if the
673-8 vehicle is capable of using compressed natural gas or other
673-9 alternative fuels either in its original equipment engine or in an
673-10 engine that has been converted to use compressed natural gas or
673-11 other alternative fuels after September 1, 1991.>
673-12 Sec. 34.011 <21.175>. Use of Buses for Extracurricular
673-13 Activities, Etc. (a) A <The county or district school boards and
673-14 the state commissioner of education shall promulgate regulations in
673-15 regard to the use of school buses, for other than transporting
673-16 eligible children to and from school. Under rules and regulations
673-17 of the State Board of Education, the appropriate allocation in the
673-18 county transportation fund, when approved by the county school
673-19 board, or the district transportation fund, when approved by the
673-20 board of trustees of the independent school district operating its
673-21 own transportation system, may be used for school bus
673-22 transportation of its pupils and necessary personnel on
673-23 extracurricular activities and field trips sponsored by the
673-24 respective district.>
673-25 <(b) Subject to the rules of the State Board of Education,
673-26 a> school district board of trustees or board of county school
673-27 trustees <board> governing a countywide transportation system may
674-1 contract with nonschool organizations for the use of school buses.
674-2 The district may provide services relating to the maintenance and
674-3 operation of the buses in accordance with the <terms of the>
674-4 contract.
674-5 (b) The commissioner shall ensure that the costs of using
674-6 school buses for a purpose other than the transportation of
674-7 students to or from school in accordance with Section 34.012,
674-8 including transportation for an extracurricular activity or field
674-9 trip or of members of an organization other than a school
674-10 organization, are properly identified in the Public Education
674-11 Information Management System (PEIMS).
674-12 Sec. 34.012 <21.176>. STUDENTS ENTITLED TO TRANSPORTATION
674-13 <Approved School Bus Routes>. A school district that receives
674-14 funds under Section 42.156, at a minimum, shall provide
674-15 transportation to each student who resides:
674-16 (1) in a hazardous area, as determined under Section
674-17 42.156(d); or
674-18 (2) at least two miles from the school the student
674-19 attends. <School buses shall be operated to and from school on
674-20 approved school bus routes and no variations shall be made
674-21 therefrom. The penalty for varying from authorized routes and for
674-22 unauthorized use of buses shall be the withholding of
674-23 transportation funds from the offending county or school district.
674-24 In the event the violation is committed by a district which
674-25 receives no Foundation School Program funds, the penalty provisions
674-26 of Section 4.02 of this code shall be applied.>
674-27 <Sec. 21.177. ><Routes and Systems: Evaluation and Approval><.
675-1 (a) All bus routes and transportation systems shall be reviewed by
675-2 the state commissioner of education and he shall be responsible for
675-3 establishing criteria for evaluating the several transportation
675-4 systems of this state, but all the criteria shall be subject to
675-5 approval by the State Board of Education.>
675-6 <(b) The commissioner shall evaluate all transportation
675-7 systems as rapidly as possible.>
675-8 <(c) No new bus routes or extensions shall be approved prior
675-9 to the survey of the transportation system of the district or
675-10 county requesting them.>
675-11 <(d) In approving a transportation system for a district or
675-12 county, consideration shall be given to providing transportation
675-13 for only those pupils who reside in hazardous areas or live two or
675-14 more miles from the school they attend except handicapped pupils.
675-15 No consideration shall be given to providing transportation for
675-16 pupils transferred from one district to another when their grades
675-17 are taught in their home district unless transferred as provided by
675-18 law and transportation has been approved as provided by law. A
675-19 district may provide transportation to pupils to after-school child
675-20 care facilities or to pupils who live within two miles of the
675-21 school they attend, and may charge a reasonable fee for such
675-22 transportation, provided that such transportation shall not be
675-23 eligible for funding pursuant to Section 16.156 of this code.>
675-24 <(e) There shall be no duplication of bus routes and
675-25 services within sending districts by buses operated by two school
675-26 districts and/or counties except on approval by the state
675-27 commissioner of education.>
676-1 <Sec. 21.178. ><Rules><. The State Board of Education shall
676-2 adopt rules for enforcing the provisions of this subchapter.>
676-3 Sec. 34.013 <21.179>. Appeals. Policy <Appeals to the
676-4 commissioner of education and to a district court of Travis County
676-5 may be had from policy> decisions of a board of county <the> school
676-6 trustees or board of trustees of a school district <boards>
676-7 affecting transportation are final and may not be appealed.
676-8 <Sec. 21.180. ><Purchase of Vehicles><. All purchases of motor
676-9 vehicles must comply with the alternative fuels use requirements of
676-10 Section 21.174.>
676-11 Sec. 34.014 <21.181>. Contract With Transportation Company
676-12 or System. (a) A board of <As an alternative to maintaining and
676-13 operating a complete public school transportation system under this
676-14 subchapter, a> county school trustees or school <local> district
676-15 <school> board of trustees may contract with a public or commercial
676-16 transportation company or system for all or any part of its public
676-17 school transportation if the board is able to obtain an
676-18 economically advantageous contract and if<, provided that> the
676-19 commercial transportation company or system:
676-20 (1) requires its school bus drivers to have the
676-21 qualifications required by and to be certified in accordance with
676-22 standards established by the Department of Public Safety <Central
676-23 Education Agency>;
676-24 (2) uses only those school buses in transporting
676-25 public school students that satisfy safety requirements imposed by
676-26 law on school buses operated by public school transportation
676-27 systems; and
677-1 (3) agrees to meet the alternative fuels requirements
677-2 of Section 34.008 <21.174> for those buses dedicated to the
677-3 contract, with any exception that applies<; provided, however, the
677-4 company or system may claim all exceptions available> to county and
677-5 school <local> district <school> boards under Section 34.009
677-6 <21.174>.
677-7 (b) A contract is economically advantageous if the cost of
677-8 the service contracted for is equal to or less than the total cost
677-9 to the school district for providing its own complete bus service.
677-10 <The total cost to the school district is the state transportation
677-11 cost allotment plus the supplementary funds necessarily provided by
677-12 the local school district to provide complete transportation
677-13 services. In determining if a contract is economically
677-14 advantageous, taxes paid by the commercial transportation company
677-15 or system on gasoline, diesel fuel, or liquefied petroleum gas may
677-16 not be considered.>
677-17 (c) This section does not prohibit <in no way prohibits> the
677-18 <local school> board of trustees from supplementing the state
677-19 transportation cost allotment with local funds necessary to provide
677-20 complete transportation services.
677-21 (d) <The State Board of Education shall adopt rules for the
677-22 administration of this section.>
677-23 <(e)> Contracts for alternative public school transportation
677-24 may include provisions for transporting students to and from
677-25 approved school activities.
677-26 <(f) Upon approval of the contract by the State Board of
677-27 Education, the portion of the annual transportation allotment which
678-1 is to be used to finance the contract for alternative
678-2 transportation services shall be included in the annual
678-3 transportation cost allotment for the respective county or
678-4 district.>
678-5 Sec. 34.015 <21.182>. Contracts for Use, Acquisition, or
678-6 Lease of School Buses. (a) As an alternative to purchasing school
678-7 buses, a board of county school trustees or school <local> district
678-8 <school> board of trustees may contract with any person for use,
678-9 acquisition, or lease with option or options to purchase any school
678-10 bus or buses if, at the discretion of the <school> board, the <such
678-11 a> contract is determined to be economically advantageous to the
678-12 <school> district and complies with the alternative fuels
678-13 requirements of Section 34.008 <21.174>. <Contracts may be in the
678-14 form of a lease or a lease with option or options to purchase. A
678-15 contract is in the form of a lease if it is a contract for the use
678-16 and possession of one or more school buses for consideration.
678-17 Ownership of a bus acquired through a lease or a lease with an
678-18 option to purchase remains with the lessor unless the lessee
678-19 exercises an option to purchase and purchases the bus under the
678-20 option.> A school bus that is leased or leased with an option to
678-21 purchase under this section must meet or exceed the safety
678-22 standards established <requirements related to safety that apply to
678-23 purchased or privately operated school buses> under Section 34.001
678-24 <11.12>. Contracts in the form of an installment purchase or any
678-25 form other than a lease or a lease with option or options to
678-26 purchase are <shall be> subject to <the provisions of> Section
678-27 34.001 <21.165, as well as rules of the General Services
679-1 Commission>.
679-2 (b) Each contract that <which> reserves to the county or
679-3 district <school> board the continuing right to terminate the
679-4 contract at the expiration of each budget period of the county or
679-5 district <school> board during the term of the contract is <shall
679-6 be> considered to be a commitment of the <county or district
679-7 school> board's current revenues only.
679-8 (c) Termination <The contracts may provide for the payment
679-9 of interest on the unpaid amounts of the contract at a rate or
679-10 rates and may contain prepayment provisions and other provisions
679-11 within the discretion of the county or district school boards, but
679-12 in no case shall termination> penalties may not be included
679-13 <appropriate> in any <such> contract under this section. The net
679-14 effective interest rate on any contract must <shall> comply with
679-15 <the interest provisions of> Chapter 3, Acts of the 61st
679-16 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
679-17 Civil Statutes).
679-18 <(d)> The competitive bidding requirements of Section 44.031
679-19 <21.901> apply to each contract in the form of a lease or lease
679-20 with an option to purchase under this section.
679-21 (d) The commissioner shall adopt a recommended contract form
679-22 for the use, acquisition, or lease with option to purchase of
679-23 school buses. A district is not required to use the contract.
679-24 (e) After a contract providing for payment aggregating
679-25 $100,000 or more by a school district is authorized by the board
679-26 <governing body>, the contract and the record relating to the
679-27 contract may, at the discretion of the <school> district, be
680-1 submitted to the attorney general for the attorney general's <his>
680-2 examination as to the validity of the contract. The<, but in no
680-3 event shall such> approval is not <be> required as a term of the
680-4 contract. If the contract has been made in accordance with the
680-5 constitution and laws of the state, the attorney general shall
680-6 approve the contract, and the comptroller <of public accounts>
680-7 shall register the contract. After the contract has been approved
680-8 by the attorney general and registered by the comptroller <of
680-9 public accounts>, the validity of the contract is incontestable for
680-10 any cause. The legal obligations of the lessor, vendor, or
680-11 supplier of the property to the <school> board are <shall> not <be>
680-12 diminished in any respect by the approval and registration of a
680-13 contract.
680-14 (f) The decision of a board of <A> county school trustees or
680-15 school district board of trustees <school board's election> to use
680-16 <utilize> an alternative form of use, acquisition, or purchase of
680-17 any school bus or buses does <shall> not affect the <school>
680-18 district's eligibility for participation in the transportation
680-19 funding provisions of the Foundation School Program or any other
680-20 state funding program <nor does such election in any way prohibit
680-21 the school district from supplementing the state transportation
680-22 cost allotment with local funds necessary to provide a
680-23 transportation system>.
680-24 (g) A contract entered into under <pursuant to> this section
680-25 is a legal and authorized investment for banks, savings banks,
680-26 trust companies, building and loan associations, savings and loan
680-27 associations, insurance companies, fiduciaries, and trustees and
681-1 for the sinking funds of school districts.
681-2 (h) A contract under this section may have any lawful term
681-3 of not less than two or more than 10 years. <A county or local
681-4 district school board that contracts under this section shall
681-5 report the existence of the contract and the number of buses under
681-6 the contract to the General Services Commission within 45 days
681-7 after the date the contract was made. A county or local district
681-8 school board that terminates a contract under this section before
681-9 the two-year minimum term has expired shall report the termination
681-10 and the reason for the termination to the General Services
681-11 Commission within 45 days after the date the contract was
681-12 terminated.>
681-13 (i) This section is sufficient authority <within itself> for
681-14 entering into contracts and performing the other acts and
681-15 procedures authorized by this section, without reference to any
681-16 other laws or any restrictions or limitations contained in any
681-17 other laws <therein>, except as specifically provided by <in> this
681-18 section. When contracts are entered into under this section, then
681-19 to the extent of any conflict or inconsistency between <any
681-20 provision of> this section and <any provision of> any other law,
681-21 <the provisions of> this section prevails <shall prevail and
681-22 control>, except that any school district may use the provisions of
681-23 any other law not in conflict with <the provisions of> this section
681-24 to the extent convenient or necessary to carry out any power or
681-25 authority, express or implied, granted by this section. <This
681-26 section shall be liberally construed to effectuate its purposes.>
681-27 (Chapters 35-36 reserved for expansion
682-1 SUBTITLE I. SAFE SCHOOLS
682-2 CHAPTER 37 <SUBCHAPTER I>. DISCIPLINE; <,>
682-3 LAW AND ORDER
682-4 SUBCHAPTER A. ALTERNATIVE SETTINGS FOR BEHAVIOR MANAGEMENT
682-5 Sec. 37.001 <21.301>. REMOVAL BY TEACHER <SUSPENSION OF
682-6 STUDENTS; REMOVAL TO ALTERNATIVE EDUCATION PROGRAMS>. (a) <In
682-7 accordance with rules adopted by the State Board of Education, the
682-8 board of trustees of a school district or the board's designee may,
682-9 as provided by this section, suspend a student for a period not to
682-10 exceed six school days or remove a student to an alternative
682-11 education program. Suspension for a total of more than six school
682-12 days within a semester is considered an expulsion and may occur
682-13 only as provided by Section 21.3011 of this code.>
682-14 <(b) Before it may suspend a student or remove a student to
682-15 an alternative education program, the board or the board's designee
682-16 must determine:>
682-17 <(1) that the student's presence in the regular
682-18 classroom program or at the home campus presents a danger of
682-19 physical harm to the student or to other individuals; or>
682-20 <(2) that the student has engaged in serious or
682-21 persistent misbehavior that violates the district's previously
682-22 communicated standards of student conduct.>
682-23 <(c) Before suspending a student, the board or its designee
682-24 shall consider reasonable alternatives, including appropriate
682-25 discipline management techniques which may include removal to an
682-26 alternative education program. If the board or its designee
682-27 determines that suspension is the most appropriate available
683-1 alternative, the board or the board's designee is not required to
683-2 precede the suspension with another disciplinary action.>
683-3 <(d) Except as provided by this subsection, removal to a
683-4 supervised alternative education setting may not extend beyond the
683-5 end of the semester during which the conduct that directly led to
683-6 the removal occurred. If the conduct occurred during the final
683-7 six-week reporting period of a semester, the removal may extend
683-8 beyond the end of that semester but may not extend beyond the end
683-9 of the next semester. The board may permit the student to remain
683-10 in the alternative program for an additional period agreed on by
683-11 the student, the student's parent or guardian, the supervisor of
683-12 the alternative program, and the principal of the student's home
683-13 school if they agree that the additional period would best serve
683-14 the student's educational interest. This subsection does not apply
683-15 to the placement of a student with disabilities in an alternative
683-16 program in accordance with the decision of an admission, review,
683-17 and dismissal committee.>
683-18 <(e) If the decision to remove a student to an alternative
683-19 education program is made by the board's designee, that decision
683-20 may be appealed to the board. The student may be removed to the
683-21 alternative education program pending appeal to the board.>
683-22 <(f) A student's parent or guardian is entitled to notice as
683-23 soon as reasonably possible of a suspension or removal of a student
683-24 to an alternative education program and an opportunity to
683-25 participate in a proceeding before the board under this section.
683-26 If the board's designee suspends or removes a student to an
683-27 alternative education program for three or more consecutive school
684-1 days or five or more accumulative school days within a semester,
684-2 the designee shall encourage the student's parent or guardian to
684-3 attend a conference to discuss the designee's action and/or the
684-4 student's misbehavior. Any decision of the board under this
684-5 section is final and may not be appealed.>
684-6 <(g) The board or the board's designee shall provide for the
684-7 continuing education of a student who has been removed to an
684-8 alternative education program. A district shall provide for one or
684-9 more alternative education programs such as:>
684-10 <(1) in-school suspension;>
684-11 <(2) transfer to a different campus;>
684-12 <(3) transfer to a school-community guidance center;
684-13 or>
684-14 <(4) transfer to a community-based alternative school.>
684-15 <(h) If a student is suspended, the student's absence shall
684-16 be considered to be an excused absence if the student
684-17 satisfactorily completes the assignments for the period of
684-18 suspension within a reasonable time determined by the district. A
684-19 district may impose a grade adjustment on the work made up by a
684-20 student who has been suspended.>
684-21 <(i) A student removed to an alternative education program
684-22 in a supervised educational setting may be counted in computing the
684-23 average daily attendance of students in the district for the
684-24 student's time in actual attendance in the program.>
684-25 <(j) The board or the board's designee shall take
684-26 appropriate disciplinary action against a student who has accrued
684-27 more than five days of unexcused absence during a semester or more
685-1 than 10 days of unexcused absence during a school year. A student
685-2 may not be suspended for being truant or tardy.>
685-3 <(k)> A teacher may send a student to the principal's office
685-4 <in order> to maintain effective discipline in the classroom. The
685-5 principal shall respond by employing appropriate discipline
685-6 management techniques consistent with district <local> policy.
685-7 (b) <(l)> A teacher may remove from class a student:
685-8 (1) who has been documented by the teacher to
685-9 repeatedly interfere with the teacher's ability to communicate
685-10 effectively with the students in the class or with the ability of
685-11 the student's classmates to learn; or
685-12 (2) whose behavior the teacher determines is so
685-13 unruly, disruptive, or abusive that it seriously interferes with
685-14 the teacher's ability to communicate effectively with the students
685-15 in the class or with the ability of the student's classmates to
685-16 learn.
685-17 (c) If a teacher removes a student from class under
685-18 Subsection (b), the principal may not return the student to that
685-19 teacher's class without the teacher's consent. The teacher may not
685-20 be coerced to consent. The principal may place the student into
685-21 another appropriate classroom, into in-school suspension, or into
685-22 an alternative education program as provided by Section 37.004.
685-23 The terms of the removal may prohibit the student from attending or
685-24 participating in a school-sponsored or school-related activity.
685-25 (d) A teacher shall remove from class and send to the
685-26 principal for placement in an alternative education program a
685-27 student who engages in conduct described under Section 37.002 or
686-1 37.003. The student may not be returned to that teacher's class
686-2 without the teacher's consent. <Not later than the third class day
686-3 after the day on which the student is removed from the class, the
686-4 principal shall schedule a hearing among the principal or the
686-5 principal's designee, a parent or guardian of the student, the
686-6 teacher, and the student. Following the hearing, and whether or
686-7 not all requested parties are in attendance after valid attempts to
686-8 require their attendance, the principal shall suspend the pupil for
686-9 a period consistent with local policy, not to exceed six school
686-10 days, place the student in an alternative education program, or
686-11 place the student back in the class. If the student is removed a
686-12 second time under this subsection within the same semester, the
686-13 student may be returned to that class only by action of the
686-14 superintendent at the principal's request. If the student is
686-15 removed a third or subsequent time under this subsection within the
686-16 same semester, the student may be returned to that class only by
686-17 action of the district's board of trustees at the request of the
686-18 superintendent.>
686-19 <(m) On request of a district, the Central Education Agency
686-20 shall provide to the district informational material on developing
686-21 an alternative education program that takes into consideration
686-22 size, wealth, and existing facilities in determining a program best
686-23 suited to a district.>
686-24 <(n) It is the intent of the legislature that districts
686-25 notify the parents or guardians of students suspended under this
686-26 section or expelled under Section 21.3011 of this code and that
686-27 after such notification it is the responsibility of the parent or
687-1 guardian to provide adequate supervision for these students during
687-2 that period of time.>
687-3 Sec. 37.002 <21.3011>. REMOVAL FOR CERTAIN CONDUCT
687-4 <EXPULSION OF STUDENTS>. (a) Except as provided by Section
687-5 37.003(a)(8), a <In this section, "expulsion" means suspension of a
687-6 student from school for more than six school days within a
687-7 semester. The term does not include removal of a student to an
687-8 alternative education program.>
687-9 <(b) A> student shall <may> be removed from class and placed
687-10 in <expelled without resort to> an alternative education program as
687-11 provided by Section 37.004 <under Section 21.301 of this code> if
687-12 the student, on school property or while attending a
687-13 school-sponsored or school-related activity on or off of school
687-14 property:
687-15 (1) engages in conduct that contains the elements of
687-16 the offense of assault under Section 22.01, Penal Code, or sexual
687-17 assault under Section 22.011, Penal Code <assaults a teacher or
687-18 other individual>;
687-19 (2) sells, gives, or delivers to another person or
687-20 possesses or uses or is under the influence of:
687-21 (A) marihuana or a controlled substance, as
687-22 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
687-23 Section 801 et seq.; or
687-24 (B) a dangerous drug, as defined by Chapter 483,
687-25 Health and Safety Code;
687-26 (3) sells, gives, or delivers to another person an
687-27 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
688-1 Code, <or> commits a serious act or offense while under the
688-2 influence of alcohol, <;> or on more than one occasion possesses,
688-3 uses, or is under the influence of an alcoholic beverage;
688-4 (4) <possesses a firearm as defined by Section
688-5 46.01(3), Penal Code, an illegal knife as defined by Section
688-6 46.01(6), Penal Code, a club as defined by Section 46.01(1), Penal
688-7 Code, or a weapon listed as a prohibited weapon under Section
688-8 46.06, Penal Code;>
688-9 <(5)> engages in conduct that contains the elements of
688-10 an offense relating to abusable glue or aerosol paint under
688-11 Sections 485.031 through 485.035, Health and Safety Code, or
688-12 relating to volatile chemicals under Chapter 484, Health and Safety
688-13 Code; or
688-14 (5) <(6) engages in conduct that contains the elements
688-15 of the offense of arson under Section 28.02, Penal Code;>
688-16 <(7) engages in conduct that contains the elements of
688-17 the offense of criminal mischief under Section 28.03, Penal Code,
688-18 if the offense is punishable as a felony under that section; or>
688-19 <(8)> engages in conduct that contains the elements of
688-20 the offense of public lewdness under Section 21.07, Penal Code.
688-21 (b) The terms of a placement under this section must
688-22 prohibit the student from attending or participating in a
688-23 school-sponsored or school-related activity.
688-24 <(c) A student who, after having been placed in an
688-25 alternative education program under Section 21.301 of this code,
688-26 continues to engage in serious or persistent misbehavior that
688-27 violates the district's previously communicated written standards
689-1 of student conduct may be removed from class and expelled.>
689-2 <(d) The board or its designee shall set a term for the
689-3 expulsion.>
689-4 <(1) The expulsion may not extend beyond the end of
689-5 the school year unless the conduct directly leading to the
689-6 expulsion occurred during the final six-week reporting period of
689-7 the school year, in which case the expulsion may extend beyond the
689-8 end of the current school year but not beyond the end of the first
689-9 semester of the next school year.>
689-10 <(2) A pupil who is to be expelled for the first time
689-11 for possession, use, or for being under the influence of an
689-12 alcoholic beverage as defined in this section may not be expelled
689-13 beyond the end of the semester, unless the conduct directly leading
689-14 to the expulsion occurred during the final six-week reporting
689-15 period of a semester, which may result in expulsion not to extend
689-16 beyond the end of the next regular semester.>
689-17 <(e) Before the expulsion, the board or its designee must
689-18 provide the student a hearing at which the student is afforded
689-19 appropriate due process as required by the federal constitution.
689-20 If the decision to expel a student is made by the board's designee,
689-21 the decision may be appealed to the board. The decision of the
689-22 board may be appealed by trial de novo to a state district court of
689-23 the county in which the school district's central administrative
689-24 office is located.>
689-25 <(f) A teacher may remove from class and recommend for
689-26 expulsion a student who engages in conduct for which a student may
689-27 be expelled under Subsection (b) or (c) of this section. If a
690-1 teacher recommends a student for expulsion, the board or its
690-2 designee shall conduct a hearing under Subsection (e) of this
690-3 section. If the board or its designee decides not to expel the
690-4 student and the student is again recommended for expulsion by the
690-5 teacher during the same school year, the hearing under Subsection
690-6 (e) of this section may be conducted only by the board.>
690-7 <(g) The board or its designee shall deliver a copy of the
690-8 order expelling the student to the student and the student's parent
690-9 or guardian. The board or its designee shall also deliver a copy
690-10 of the order to the authorized officer of the juvenile court in the
690-11 county in which the student resides. The officer shall determine
690-12 whether:>
690-13 <(1) a petition should be filed alleging that the
690-14 student is in need of supervision or engaged in delinquent conduct;
690-15 or>
690-16 <(2) the student should be referred to an appropriate
690-17 state agency.>
690-18 <(h) A school district may provide home-based instruction to
690-19 students expelled under this section.>
690-20 <(i) Each school district shall provide each teacher and
690-21 administrator with a copy of Section 21.301 and this section of
690-22 this code and with a copy of the local policies relating to the
690-23 sections.>
690-24 <(j) If a court orders a student who has been expelled to
690-25 attend school as a condition of probation, the school district
690-26 shall readmit the student, but the student is not immune from
690-27 suspension, removal to an alternative education program, or
691-1 expulsion during the term of the probation. If a student is
691-2 expelled under this section, the school district retains the
691-3 authority to place the student in the appropriate educational
691-4 setting.>
691-5 <(k) Each school district shall reasonably cooperate with
691-6 governmental agencies and community organizations providing
691-7 services within the district to students expelled under this
691-8 section.>
691-9 <(l) A rehabilitation district that admits delinquent
691-10 children with disabilities shall admit a child referred by a
691-11 juvenile court located in the district if the ARD committee of the
691-12 district has determined that the district has sufficient facilities
691-13 and personnel available.>
691-14 <(m) If the student enrolls in another school district
691-15 before the expiration of the period of expulsion, the board shall
691-16 provide to the district in which the student enrolls, at the same
691-17 time other of the student's records are provided, a copy of the
691-18 order. The district in which the student enrolls may continue the
691-19 expulsion under the terms of the order or may allow the student to
691-20 attend classes without completing the period of expulsion.>
691-21 Sec. 37.003. EXPULSION FOR SERIOUS OFFENSES. (a) A student
691-22 shall be expelled from a school if the student, on school property
691-23 or while attending a school-sponsored or school-related activity on
691-24 or off of school property:
691-25 (1) engages in conduct that contains the elements of
691-26 the offense of aggravated assault under Section 22.02, Penal Code,
691-27 or aggravated sexual assault under Section 22.021, Penal Code;
692-1 (2) uses, exhibits, or possesses:
692-2 (A) a firearm as defined by Section 46.01(3),
692-3 Penal Code;
692-4 (B) an illegal knife as defined by Section
692-5 46.01(6), Penal Code;
692-6 (C) a club as defined by Section 46.01(1), Penal
692-7 Code; or
692-8 (D) a weapon listed as a prohibited weapon under
692-9 Section 46.05, Penal Code;
692-10 (3) engages in conduct that contains the elements of
692-11 the offense of arson under Section 28.02, Penal Code;
692-12 (4) engages in conduct that contains the elements of
692-13 the offense of criminal mischief under Section 28.03, Penal Code,
692-14 if the offense is punishable as a felony under that section;
692-15 (5) engages in conduct that contains the elements of
692-16 the offense of:
692-17 (A) murder under Section 19.02, Penal Code;
692-18 (B) capital murder under Section 19.03, Penal
692-19 Code; or
692-20 (C) criminal attempt, under Section 15.01, Penal
692-21 Code, to commit murder or capital murder;
692-22 (6) engages in conduct that contains the elements of
692-23 the offense of indecency with a child under Section 21.11, Penal
692-24 Code;
692-25 (7) engages in conduct that contains the elements of
692-26 the offense of aggravated kidnapping under Section 20.04, Penal
692-27 Code; or
693-1 (8) engages in conduct specified by Section
693-2 37.002(a)(2) or (3), if the conduct is punishable as a felony.
693-3 (b) A student who, after being placed in an alternative
693-4 education program for disciplinary reasons continues to engage in
693-5 serious or persistent misbehavior that violates the district's
693-6 previously communicated written standards of student conduct, may
693-7 be expelled.
693-8 (c) In accordance with federal law, a student expelled under
693-9 Subsection (a)(2)(A) as a result of bringing a firearm to school
693-10 must be expelled from the student's regular campus for a period of
693-11 at least one year, except that:
693-12 (1) the superintendent or other chief administrative
693-13 officer of the school district or of the other local educational
693-14 agency, as defined under 20 U.S.C. Section 2891, may modify the
693-15 length of the expulsion in the case of an individual student; and
693-16 (2) the district or other local educational agency may
693-17 provide educational services to the expelled student in an
693-18 alternative education program as provided by Section 37.004.
693-19 (d) Each school district shall report to the agency the
693-20 number of students expelled under Subsection (c) each year, the
693-21 names of the school from which the students are expelled, and the
693-22 types of weapons involved.
693-23 Sec. 37.004. ALTERNATIVE EDUCATION PROGRAMS. (a) Each
693-24 school district shall provide an alternative education program
693-25 that:
693-26 (1) is provided in a setting other than a student's
693-27 regular classroom;
694-1 (2) is located on or off of a regular school campus;
694-2 (3) provides for the students who are assigned to the
694-3 alternative education program to be separated in classes and
694-4 hallways, restrooms, lunchrooms, and other common areas from
694-5 students who are not assigned to the program;
694-6 (4) addresses a student's individual educational and
694-7 behavioral needs; and
694-8 (5) provides supervision and counseling.
694-9 (b) An alternative education program may provide for a
694-10 student's transfer to:
694-11 (1) a different campus;
694-12 (2) a school-community guidance center; or
694-13 (3) a community-based alternative school.
694-14 (c) A school district may provide an alternative education
694-15 program jointly with one or more other districts.
694-16 (d) Each school district shall cooperate with government
694-17 agencies and community organizations that provide services in the
694-18 district to students placed in an alternative education program.
694-19 (e) A student removed to an alternative education program is
694-20 counted in computing the average daily attendance of students in
694-21 the district for the student's time in actual attendance in the
694-22 program.
694-23 (f) A school district may not place a student, other than a
694-24 student expelled as provided under Section 37.003, in an
694-25 unsupervised setting as a result of conduct for which a student may
694-26 be placed in an alternative education program.
694-27 (g) On request of a school district, a regional education
695-1 service center may provide to the district information on
695-2 developing an alternative education program that takes into
695-3 consideration the district's size, wealth, and existing facilities
695-4 in determining the program best suited to the district.
695-5 (h) If a student placed in an alternative education program
695-6 enrolls in another school district before the expiration of the
695-7 period of placement, the board of trustees of the district
695-8 requiring the placement shall provide to the district in which the
695-9 student enrolls, at the same time other records of the student are
695-10 provided, a copy of the placement order. The district in which the
695-11 student enrolls may continue the alternative education program
695-12 placement under the terms of the order or may allow the student to
695-13 attend regular classes without completing the period of placement.
695-14 Sec. 37.005. HEARING; REVIEW. (a) Not later than the third
695-15 class day after the day on which a student is removed from class
695-16 under Section 37.001(b) or (d), the school principal shall schedule
695-17 a hearing among the principal or the principal's designee, a parent
695-18 or guardian of the student, the teacher removing the student from
695-19 class, and the student. Following the hearing, and whether or not
695-20 each requested person is in attendance after valid attempts to
695-21 require the person's attendance, the principal shall order the
695-22 placement of the student as provided by Section 37.001 for a period
695-23 consistent with local policy.
695-24 (b) If a student's placement in an alternative education
695-25 program is to extend beyond the end of the next six-week grading
695-26 period, a student's parent or guardian is entitled to notice of and
695-27 an opportunity to participate in a proceeding before the board of
696-1 trustees of the school district or the board's designee, as
696-2 provided by policy of the board of trustees of the district. Any
696-3 decision of the board or the board's designee under this subsection
696-4 is final and may not be appealed.
696-5 (c) Before it may place a student in an alternative
696-6 education program for a period that extends beyond the end of the
696-7 school year, the board or the board's designee must determine that:
696-8 (1) the student's presence in the regular classroom
696-9 program or at the student's regular campus presents a danger of
696-10 physical harm to the student or to another individual; or
696-11 (2) the student has engaged in serious or persistent
696-12 misbehavior that violates the district's previously communicated
696-13 standards of student conduct.
696-14 (d) The board or the board's designee shall set a term for a
696-15 student's placement in an alternative education program under
696-16 Section 37.001 or 37.002.
696-17 (e) A student placed in an alternative education program
696-18 under Section 37.001 or 37.002 shall be provided a review of the
696-19 student's status by the board's designee at intervals not to exceed
696-20 120 days. At the review, the student or the student's parent or
696-21 guardian must be given the opportunity to present arguments for the
696-22 student's return to the regular classroom or campus. The student
696-23 may not be returned to the classroom of the teacher who removed the
696-24 student without that teacher's consent. The teacher may not be
696-25 coerced to consent.
696-26 (f) Before an expulsion under Section 37.003, the board or
696-27 the board's designee must provide the student a hearing at which
697-1 the student is afforded appropriate due process as required by the
697-2 federal constitution. If the decision to expel a student is made
697-3 by the board's designee, the decision may be appealed to the board.
697-4 The decision of the board may be appealed by trial de novo to a
697-5 district court of the county in which the school district's central
697-6 administrative office is located.
697-7 (g) The board or the board's designee shall deliver to the
697-8 student and the student's parent or guardian a copy of the order
697-9 placing the student in an alternative education program under
697-10 Section 37.001 or 37.002 or expelling the student under Section
697-11 37.003.
697-12 (h) After a school district notifies the parents or
697-13 guardians of a student that the student has been expelled, the
697-14 parent or guardian shall provide adequate supervision of the
697-15 student during the period of expulsion.
697-16 Sec. 37.006. COURT INVOLVEMENT. (a) The board of trustees
697-17 of a school district or the board's designee shall deliver a copy
697-18 of the order placing the student in an alternative education
697-19 program under Section 37.002 or expelling a student under Section
697-20 37.003 to the authorized officer of the juvenile court in the
697-21 county in which the student resides. Except as provided by
697-22 Subsection (b), the officer shall determine whether:
697-23 (1) a petition should be filed alleging that the
697-24 student is in need of supervision or has engaged in delinquent
697-25 conduct; or
697-26 (2) the student should be referred to an appropriate
697-27 state agency.
698-1 (b) If a student is expelled under Section 37.003(b), the
698-2 board or its designee shall refer the student to the authorized
698-3 officer of the juvenile court for adjudication for conduct
698-4 indicating a need for supervision under Title 3, Family Code.
698-5 (c) A court may not order a student expelled under Section
698-6 37.003 to attend a regular classroom, a regular campus, or a school
698-7 district alternative education program as a condition of probation.
698-8 If a court orders a student to attend an alternative education
698-9 program as a condition of probation once during a school year and
698-10 the student is referred to juvenile court again during that school
698-11 year, the juvenile court may not order the student to attend an
698-12 alternative education program in a district without the district's
698-13 consent until the student has successfully completed any sentencing
698-14 requirements the court imposes.
698-15 (d) Any placement in an alternative education program by a
698-16 court under this section must prohibit the student from attending
698-17 or participating in school-sponsored or school-related activities.
698-18 (e) A person is not liable in civil damages for a referral
698-19 to juvenile court as required by this section.
698-20 Sec. 37.007 <21.908>. Court-Related Children--Liaison
698-21 Officers. <(a)> Each school district shall appoint at least one
698-22 educator <counsellor or teacher> to act as liaison officer for
698-23 court-related children who are enrolled in <scholastics of> the
698-24 district. The liaison officer shall provide counselling and
698-25 services for each court-related child and the child's <his> parents
698-26 to establish or reestablish <with the objective of establishing or
698-27 reestablishing> normal attendance and progress of the child in the
699-1 school.
699-2 <(b) Each liaison officer shall cooperate with the
699-3 district's employees designated as at-risk-coordinators under
699-4 Section 11.205(c) of this code. A person may concurrently serve as
699-5 a liaison officer under this section and as an at-risk-coordinator.>
699-6 <(c) A district's liaison officers and attendance officers,
699-7 the local juvenile board and its advisory council, and local law
699-8 enforcement officers shall cooperate to provide services to
699-9 students at risk of dropping out of school.>
699-10 Sec. 37.008 <21.303>. Reports to Local Law Enforcement;
699-11 Liability. (a) The principal of a public or private primary or
699-12 secondary school, or a person designated by the principal under
699-13 Subsection (d) <of this section>, <if the designation has been
699-14 made,> shall notify any <the> school district police department <if
699-15 one exists> and the police department of the municipality in which
699-16 the school is located or, if the school is not in a municipality,
699-17 the sheriff of the county in which the school is located, if the
699-18 principal has reasonable grounds to believe that any of the
699-19 following activities occur in school, on school property, or at a
699-20 school-sponsored or school-related activity on or off school
699-21 property, <without regard to> whether the activity is investigated
699-22 by school security officers:
699-23 (1) conduct that may constitute an offense listed
699-24 under <in> Section 8(c), Article 42.18, Code of Criminal Procedure;
699-25 (2) deadly <reckless> conduct under<, as described by>
699-26 Section 22.05, Penal Code;
699-27 (3) <or> a terroristic threat under<, as described by>
700-1 Section 22.07, Penal Code;
700-2 (4) <(2)> the use, sale, or possession of a controlled
700-3 substance, drug paraphernalia, or marihuana under<, as defined by>
700-4 Chapter 481, Health and Safety Code;
700-5 (5) <(3)> the possession of any of the weapons or
700-6 devices listed under <in> Sections 46.01(1)-(14) or (16), Penal
700-7 Code<; or a weapon listed as a prohibited weapon under Section
700-8 46.06, Penal Code; or>
700-9 (6) <(4)> conduct that may constitute a criminal
700-10 offense under Section 71.02, Penal Code; or
700-11 (7) conduct described under Section 37.003.
700-12 (b) A person who makes a notification under this section
700-13 shall include the name and address of each student the person
700-14 believes may have participated in the activity.
700-15 (c) A notification is not required under Subsection (a) <of
700-16 this section> if the person reasonably believes that the activity
700-17 does not constitute a criminal offense.
700-18 (d) The principal of a public or private primary or
700-19 secondary school may designate a school employee who is under the
700-20 supervision of the principal to make the reports required by this
700-21 section.
700-22 (e) A person is not liable in civil damages for reporting in
700-23 good faith as required by this section.
700-24 Sec. 37.009 <21.302>. Report of Drug Offenses; Liability. A
700-25 teacher, school administrator, or school employee is not liable in
700-26 civil damages for reporting to a school administrator or
700-27 governmental authority, in the exercise of professional judgment
701-1 within the scope of the teacher's, administrator's, or employee's
701-2 duties, a student whom the teacher suspects of using, passing, or
701-3 selling, on school property:
701-4 (1) marihuana or a controlled substance, as defined by
701-5 Chapter 481, Health and Safety Code;
701-6 (2) a dangerous drug, as defined by Chapter 483,
701-7 Health and Safety Code;
701-8 (3) an abusable glue or aerosol paint, as defined by
701-9 Chapter 485, Health and Safety Code, or a volatile chemical, as
701-10 listed in Chapter 484, Health and Safety Code, if the substance is
701-11 used or sold for the purpose of inhaling its fumes or vapors; or
701-12 (4) an alcoholic beverage, as defined by Section 1.04,
701-13 Alcoholic Beverage Code.
701-14 Sec. 37.010 <21.3031>. Destruction of Certain Records.
701-15 Information received by a school district under Article 15.27, Code
701-16 of Criminal Procedure, may not be attached to the permanent
701-17 academic file of the student who is the subject of the report. The
701-18 school district shall destroy the information at the end of the
701-19 school <academic> year in which the report was filed.
701-20 Sec. 37.011. INFORMATION FOR EDUCATORS. Each school
701-21 district shall provide each teacher and administrator with a copy
701-22 of this subchapter and with a copy of the local policy relating to
701-23 this subchapter.
701-24 (Sections 37.012-37.050 reserved for expansion
701-25 SUBCHAPTER C <P>. SCHOOL-COMMUNITY GUIDANCE CENTERS
701-26 Sec. 37.051 <21.601>. Establishment. Each school district
701-27 may establish a school-community guidance center designed to locate
702-1 and assist children with problems that <which> interfere with
702-2 <their> education, including <but not limited to> juvenile
702-3 offenders and children with severe behavioral problems or character
702-4 disorders. Each center <The centers> shall coordinate the efforts
702-5 of school district personnel, local police departments, school
702-6 attendance <truant> officers, and probation officers in working
702-7 with students, dropouts, and parents in identifying and correcting
702-8 factors that <which> adversely affect the education of the
702-9 children.
702-10 Sec. 37.052 <21.602>. Cooperative Programs. The board of
702-11 trustees of a school district may develop cooperative programs with
702-12 state youth agencies for children found to have engaged in <guilty
702-13 of> delinquent conduct.
702-14 Sec. 37.053 <21.603>. Cooperation of Governmental Agencies.
702-15 (a) Each governmental agency that is concerned with children and
702-16 that has jurisdiction in the school district shall cooperate with
702-17 the school-community guidance centers on the request of the
702-18 superintendent of the district <schools> and shall designate a
702-19 liaison person <persons> to work with the centers in identifying
702-20 and correcting problems affecting school-age children in the
702-21 district.
702-22 (b) The <A county, juvenile board, or other> governmental
702-23 agency <concerned with children in a school district> may establish
702-24 or finance a school-community guidance center jointly with the
702-25 school district according to terms approved by the governing body
702-26 of each entity participating in the joint establishment or
702-27 financing of the center.
703-1 Sec. 37.054 <21.604>. Parental Notice, Consent, and Access
703-2 to Information. (a) Before a student is admitted to a
703-3 school-community guidance center, the administrator of the center
703-4 must notify the student's parent or guardian that the student has
703-5 been assigned to attend the center.
703-6 (b) The <Such> notification must <shall> include:
703-7 (1) the reason that the student has been assigned to
703-8 the center;
703-9 (2) a statement that on <upon> request, the parent or
703-10 guardian is entitled to be fully informed in writing of any
703-11 treatment method or testing program involving the student; and
703-12 (3) a statement that the parent or guardian may
703-13 request to be advised and to give written, signed consent for any
703-14 psychological testing or treatment involving the student.
703-15 (c) If, after notification, a <the> parent refuses to
703-16 consent to <such> testing or treatment of the child, the center may
703-17 <shall> not provide any further psychological treatment or testing.
703-18 (d) <(c)> A parent or guardian of a student attending a
703-19 center is entitled to inspect:
703-20 (1) any instructional or guidance material to be used
703-21 by the student, including teachers' manuals, tapes, and films; and
703-22 (2) the results of any treatment, testing, or guidance
703-23 method involving the student.
703-24 (e) <(d)> The administrator of the center may set a schedule
703-25 for inspection of materials that <which> allows reasonable access
703-26 but does not interfere with the conduct of classes or business
703-27 activities of the school.
704-1 <Sec. 21.605. TRAINING AND MONITORING. (a) The State Board
704-2 of Education shall review the training requirements for personnel
704-3 who work at school-community guidance centers and shall establish
704-4 standards for the training and for the performance of the required
704-5 services at each center to ensure the effectiveness of the center's
704-6 program.>
704-7 <(b) The commissioner of education shall monitor each center
704-8 and, in accordance with rules of the board, may require additional
704-9 training for personnel if he determines the training is necessary.>
704-10 Sec. 37.055 <21.606>. Parental Involvement. (a) On
704-11 admitting a student to a school-community guidance center, a
704-12 representative of the school district, the student, and the
704-13 student's parent shall develop an agreement that specifies the
704-14 responsibilities of the parent and the student. The agreement must
704-15 include:
704-16 (1) a statement of the student's behavioral and
704-17 learning objectives;
704-18 (2) a requirement that the parent attend specified
704-19 meetings and conferences for teacher review of the student's
704-20 progress; and
704-21 (3) the parent's acknowledgement that the parent
704-22 understands and accepts the responsibilities imposed by the
704-23 agreement regarding attendance at meetings and conferences and
704-24 assistance in meeting other objectives, defined by the district, to
704-25 aid student remediation.
704-26 (b) The superintendent of the school district may obtain a
704-27 court order from a district court in the school district requiring
705-1 a parent to comply with an agreement made under this section. A
705-2 parent who violates a court order issued under this subsection may
705-3 be punished for contempt of court.
705-4 (c) In this section, "parent" includes a legal guardian.
705-5 Sec. 37.056 <21.607>. Court Supervision. (a) In this
705-6 section, "court" means a juvenile court or alternate juvenile court
705-7 designated under Chapter 51, <of the> Family Code. The court may
705-8 delegate responsibility under this section to a referee appointed
705-9 under Section 51.04, Family Code.
705-10 (b) If a representative of the school district, the student,
705-11 and the parent or guardian for any reason fail to reach an
705-12 agreement under Section 37.055 <21.606 of this code>, then, on the
705-13 request of any <such> party, the court may, after a hearing, enter
705-14 an order establishing the <such> responsibilities and duties of
705-15 each of the parties as the court considers <deems> appropriate.
705-16 (c) The court may compel attendance at any hearing held
705-17 under this section through any legal process, including subpoena
705-18 and habeas corpus.
705-19 (d) If the parties reach agreement under Section 37.055
705-20 <21.606 of this code>, and if the written agreement so provides,
705-21 <then> the court may enter an order that incorporates the terms of
705-22 the <such> agreement.
705-23 (e) Any party who violates an order issued under this
705-24 section may be punished for contempt of court.
705-25 (f) A school district <School districts> may enter into an
705-26 agreement <agreements> to share the costs incurred by a county
705-27 under this section.
706-1 (Sections 37.057-37.080 reserved for expansion
706-2 SUBCHAPTER D. LAW AND ORDER
706-3 Sec. 37.081 <21.483>. SCHOOL DISTRICT PEACE OFFICERS AND
706-4 SECURITY PERSONNEL. (a) The board of trustees of any school
706-5 district may employ security personnel and may commission peace
706-6 officers to carry <for the purpose of carrying> out <the provisions
706-7 of> this subchapter. If a board of trustees authorizes a person
706-8 employed as security personnel to carry a weapon, the person must
706-9 be a commissioned peace officer. The jurisdiction of a peace
706-10 officer or security personnel <commissioned> under this section
706-11 shall be determined by the board of trustees and may include all
706-12 territory in the boundaries of the school district and all
706-13 property<, real and personal,> outside the boundaries of the
706-14 district that is owned, leased, or rented by or otherwise under the
706-15 control of the school district and the board of trustees that
706-16 employ the peace officer or security personnel.
706-17 (b) In a peace officer's jurisdiction, a peace officer
706-18 commissioned under this section:
706-19 (1) has the powers, privileges, and immunities of
706-20 peace officers;
706-21 (2) may enforce all laws, including municipal
706-22 ordinances, county ordinances, and state laws; and
706-23 (3) may, in accordance with Chapter 52, Family Code,
706-24 take a juvenile into custody.
706-25 (c) A school district peace officer may provide assistance
706-26 to another law enforcement agency. A school district may contract
706-27 with a political subdivision for the jurisdiction of a school
707-1 district peace officer to include all territory in the jurisdiction
707-2 of the political subdivision.
707-3 (d) A school district peace officer shall perform
707-4 administrative and law enforcement duties for the school district
707-5 as determined by the board of trustees of the school district.
707-6 Those <These> duties must include protecting:
707-7 (1) the safety and welfare of any person in the
707-8 jurisdiction of the peace officer; and
707-9 (2) the property<, real and personal,> of the school
707-10 district.
707-11 (e) The board of trustees of the district shall determine
707-12 the scope of the on-duty and off-duty law enforcement activities of
707-13 school district peace officers. A school district must authorize
707-14 in writing any off-duty law enforcement activities performed by a
707-15 school district peace officer.
707-16 (f) A school district police department and the law
707-17 enforcement agencies with which it has overlapping jurisdiction
707-18 shall enter into a memorandum of understanding that outlines
707-19 reasonable communication and coordination efforts among the
707-20 department and the agencies.
707-21 (g) Any officer assigned to duty and commissioned shall take
707-22 and file the oath required of peace officers, and shall execute and
707-23 file a <good and sufficient> bond in the sum of $1,000, payable to
707-24 the board of trustees, with two or more <good and sufficient>
707-25 sureties, conditioned that the peace officer <he> will fairly,
707-26 impartially, and faithfully perform all the duties that may be
707-27 required of the peace officer <him> by law. The bond may be sued
708-1 on <from time to time> in the name of any person injured until the
708-2 whole amount of the bond is recovered. Any peace officer
708-3 commissioned under this section must meet all minimum standards for
708-4 peace officers established by the Commission on Law Enforcement
708-5 Officer Standards and Education.
708-6 <(h) In this section, "political subdivision" means a
708-7 county, municipality, special district, school district, junior
708-8 college district, or other legally constituted political
708-9 subdivision of the state.>
708-10 <Sec. 21.484. TRESPASS, DAMAGE, ETC. It is unlawful for any
708-11 person to trespass on the grounds of any school district of this
708-12 state or to damage or deface any of the buildings, statues,
708-13 monuments, memorials, trees, shrubs, grasses, or flowers on the
708-14 grounds of any school district.>
708-15 <Sec. 21.485. PARKING; BLOCKING OR IMPEDING TRAFFIC. It is
708-16 unlawful for any person to park a vehicle on any property under the
708-17 control and jurisdiction of a school district of this state except
708-18 in the manner designated by the district and in the spaces marked
708-19 and designated by the board of trustees, or to block or impede
708-20 traffic through any driveway of that property. All laws regulating
708-21 traffic on highways and streets apply to the operation of vehicles
708-22 within the property of the institution, except as may be modified
708-23 in this subchapter.>
708-24 <Sec. 21.486. PARKING AND TRAFFIC TICKETS; SUMMONS; ARREST
708-25 WARRANTS. In connection with traffic and parking violations, only
708-26 the officers authorized to enforce the provisions of this
708-27 subchapter have the authority to issue and use traffic tickets and
709-1 summons of the type used by the Texas Highway Patrol, with any
709-2 changes that are necessitated by reason of this subchapter. On the
709-3 issuance of any parking or traffic ticket or summons, the same
709-4 procedures shall be followed as prevail in connection with the use
709-5 of parking and traffic violation tickets by the cities of this
709-6 state and the Texas Highway Patrol. Nothing in this subchapter
709-7 restricts the application and use of regular arrest warrants.>
709-8 Sec. 37.082 <21.309>. Possession of Paging Devices
709-9 Prohibited. (a) A student in a public school may not possess a
709-10 paging device while on school property or while attending a
709-11 school-sponsored or school-related activity on or off school
709-12 property, unless the student:
709-13 (1) is in attendance in the capacity of an active
709-14 member of a volunteer firefighting organization or a volunteer
709-15 emergency medical services organization; or
709-16 (2) possesses the paging device for a purpose
709-17 authorized by policy of the school district board of trustees.
709-18 (b) The board of trustees of each school district shall
709-19 include the prohibition in Subsection (a) <of this section> in the
709-20 district's written standards of student conduct. A student who
709-21 violates the prohibition is subject to discipline as provided by
709-22 board policy, consistent with this chapter <subchapter>.
709-23 (c) A person who discovers a student in possession of a
709-24 paging device in violation of this section shall report the
709-25 violation to the appropriate school administrator, as determined by
709-26 school policy, who shall order a peace officer or appropriate
709-27 school employee to confiscate the device, which is forfeited to the
710-1 school district.
710-2 (d) In this section, "paging device" means a
710-3 telecommunications device that emits an audible signal, vibrates,
710-4 displays a message, or otherwise summons or delivers a
710-5 communication to the possessor.
710-6 <SUBCHAPTER R. DISCIPLINE MANAGEMENT PROGRAMS>
710-7 Sec. 37.083 <21.701>. ADOPTION AND APPROVAL OF DISCIPLINE
710-8 MANAGEMENT PROGRAMS. Each school district shall adopt and
710-9 implement a discipline management program to be included in the
710-10 district plan under Section 12.204 <21.938>.
710-11 <Sec. 21.702. CONTENT OF APPROVED PROGRAMS. A discipline
710-12 management program must:>
710-13 <(1) encourage the commitment, cooperation, and
710-14 involvement of school district administrators, teachers, parents,
710-15 and students in the development of the program;>
710-16 <(2) encourage the use of the regional education
710-17 service center to assist in developing the program and providing
710-18 training to teachers and administrators;>
710-19 <(3) require the designation of a person in each
710-20 school with special training in discipline management to implement
710-21 and assess the program in that school and to identify and refer
710-22 appropriate students to school-community guidance programs;>
710-23 <(4) require the development of a student code of
710-24 conduct that clearly describes the district's expectations with
710-25 respect to student conduct, including provisions similar to the
710-26 Attorney General's Proposed Voluntary Student Code of Conduct of
710-27 1980, and specifies the consequences of violating the code;>
711-1 <(5) specifically outline the responsibilities of
711-2 teachers, administrators, parents, and students in the discipline
711-3 management program; and>
711-4 <(6) make parental involvement an integral part of the
711-5 discipline management program, requiring:>
711-6 <(A) one or more conferences during each school
711-7 year between a teacher and the parents of a student if the student
711-8 is not maintaining passing grades or achieving the expected level
711-9 of performance or presents some other problem to the teacher or in
711-10 any other case the teacher considers necessary;>
711-11 <(B) parent training workshops for home
711-12 reinforcement of study skills and specific curriculum objectives
711-13 conducted for parents who want to participate and based on interest
711-14 indicated by parents in the community; and>
711-15 <(C) a written statement signed by each parent
711-16 that the parent understands and consents to the responsibilities
711-17 outlined in the discipline management program.>
711-18 <Sec. 21.703. RECOMMENDING TRAINING PROGRAMS. The agency
711-19 shall recommend to school districts specific training programs at
711-20 institutions of higher education to assist the districts in
711-21 developing the discipline management programs.>
711-22 <Sec. 21.704. MONITORING. The agency shall monitor through
711-23 the accreditation process the development, implementation, and
711-24 enforcement of discipline management programs. The agency shall
711-25 make recommendations for improving programs that it determines are
711-26 not functioning as effectively as possible and shall establish
711-27 procedures for monitoring improvement.>
712-1 <Sec. 21.706. GUARDIANS. In this subchapter, "parent"
712-2 includes a legal guardian.>
712-3 Sec. 37.084 <21.305>. MAINTENANCE OF LAW AND ORDER. (a) To
712-4 <In order to> maintain law, peace, and order in the operation of
712-5 the public schools, the board of trustees of a <any> school
712-6 district may<, when in the opinion of the governing board such
712-7 action is necessary,> exercise the powers described in this
712-8 section.
712-9 (b) To prevent violence and to maintain peace and order, the
712-10 board may call on <upon> the governor for assistance through the
712-11 Department of Public Safety, but <neither> the Texas National Guard
712-12 or another <nor other> military force may not <shall> be used for
712-13 the direction or control of the operation of or attendance at
712-14 public <such> schools.
712-15 (c) The board may close one <the school> or more schools and
712-16 suspend operation of the schools for the <such> period <as the
712-17 board finds it> necessary to maintain order and public peace if:
712-18 (1) the governor by written proclamation finds that
712-19 violence or the danger of violence <thereof> cannot be prevented
712-20 except by resort to military force or occupation of a public
712-21 school;
712-22 (2) the board of trustees finds that violence or the
712-23 danger of violence <thereof> cannot be prevented except by resort
712-24 to military force or occupation of a public school; or
712-25 (3) the National Guard or any other military force is
712-26 <troops or personnel are> employed or used on <upon> order of any
712-27 federal authority on public school property or in the vicinity of
713-1 any public school for direction or control of the order, operation,
713-2 or attendance at the <such> school.
713-3 (d) The board, on <upon> finding that violence or the danger
713-4 of violence <thereof> cannot be prevented except by resort to
713-5 military force or occupation of the public schools, may certify
713-6 that <such> fact to the governor, in which event, <it shall be the
713-7 duty of> the governor shall <to> close the school and suspend its
713-8 operation until <such time as> the <school> board of trustees
713-9 certifies <shall certify> to the governor that the <such> closure
713-10 is no longer necessary in the maintenance of order and public
713-11 peace. On <Upon> certification that closure is no longer
713-12 necessary, the governor shall <must> cancel <and annul> the closure
713-13 and issue a proclamation to that effect.
713-14 Sec. 37.085 <21.306>. Effect of Closing Schools. (a) This
713-15 section applies if <If> a school is closed under <authority of>
713-16 Section 37.084 <21.305 of this code, the provisions of this section
713-17 are applicable>.
713-18 (b) School officials, teachers, and other employees shall
713-19 continue to receive the salaries provided by the terms of their
713-20 employment, but those <such> persons may be assigned to other
713-21 duties <as may be determined> by the board of trustees of the
713-22 school district <having jurisdiction over the school>.
713-23 (c) State funding or a school district's charter are not
713-24 <Neither state aid as provided by law nor school accreditation
713-25 shall be> affected by the closing.
713-26 (d) The board may authorize and provide for the transfer of
713-27 a student <pupils> to another school in the district on <upon>
714-1 petition of the student's parent or guardian <parents or persons
714-2 standing in loco parentis>.
714-3 (e) Compulsory attendance laws are <shall> not <be>
714-4 applicable to students <pupils> whose schools are closed.
714-5 (f) The <local> board, in cooperation with the State Board
714-6 of Education, shall use all personnel, funds, and facilities
714-7 necessary and available to provide out-of-classroom instruction for
714-8 students <the pupils concerned> and to facilitate the reopening of
714-9 the school at the earliest possible time that peace and order can
714-10 be maintained without the use or occupation of military forces.
714-11 Sec. 37.086 <21.307>. Assistance of Attorney General. (a)
714-12 To <In order to> help prevent situations that <which> might result
714-13 in the closure or occupation <of public schools> by military forces
714-14 of public schools <or the closure thereof>, the attorney general
714-15 may <Attorney General of Texas is authorized to> assist any <public
714-16 school> board of trustees that <which> requests the attorney
714-17 general's <his> assistance in the defense of any law suit in a
714-18 federal court that challenges <which seeks to challenge> the
714-19 constitutionality of a state statute <of this State>.
714-20 (b) This section does <shall> not apply to<, however, in the
714-21 event of> a controversy between a <public school> board of trustees
714-22 and an agency of the state which, under <existing> law, the
714-23 attorney general <Attorney General> is authorized or required to
714-24 represent.
714-25 <Sec. 21.308. SECURITY PERSONNEL. (a) The governing board
714-26 of any school district may employ security personnel for use in any
714-27 school within its district when the board in its discretion
715-1 determines that the personnel are necessary. If the governing
715-2 board authorizes the security personnel to carry a weapon, the
715-3 security personnel must be commissioned peace officers.>
715-4 <(b) All costs incurred by a school district in employing
715-5 security personnel shall be borne by the school district.>
715-6 (Sections 37.087-37.100 reserved for expansion
715-7 SUBCHAPTER E <M>. PROTECTION OF BUILDINGS AND GROUNDS
715-8 Sec. 37.101 <21.481>. Applicability of Criminal Laws. The
715-9 <All the general and> criminal laws of the state apply in <are
715-10 declared to be in full force and effect within> the areas under the
715-11 control and jurisdiction of the board of trustees of any school
715-12 district in this state.
715-13 Sec. 37.102 <21.482>. RULES <AND REGULATIONS>; PENALTY.
715-14 (a) The board of trustees of a <any> school district may adopt
715-15 <promulgate> rules <and regulations> for the safety and welfare of
715-16 students, employees, and property, and other rules <and
715-17 regulations> it considers <may deem> necessary to carry out <the
715-18 provisions of> this subchapter and the governance of the district
715-19 <school>, including rules providing for the operation and parking
715-20 of vehicles on <the grounds, streets, drives, alleys, and any
715-21 other> school property <under its control, including but not
715-22 limited to the following:>
715-23 <(1) limiting the rate of speed;>
715-24 <(2) assigning parking spaces and designating parking
715-25 areas and their use and assessing a charge for parking;>
715-26 <(3) prohibiting parking as it deems necessary;>
715-27 <(4) removing vehicles parked in violation of board
716-1 rules and regulations or law at the expense of the violator;>
716-2 <(5) instituting a system of registration for vehicle
716-3 identification, including a reasonable charge>. The board may
716-4 adopt and charge a reasonable fee for parking and for providing
716-5 traffic control.
716-6 (b) A law or ordinance regulating traffic on a public
716-7 highway or street applies to the operation of a vehicle on school
716-8 property, except as modified by this subchapter.
716-9 (c) A person who violates <any provision of> this subchapter
716-10 or any rule adopted <or regulation promulgated> under <the
716-11 authority of> this subchapter commits an offense. An offense under
716-12 this section is <guilty of> a misdemeanor <and on conviction is>
716-13 punishable by a fine of not more than $200.
716-14 Sec. 37.103 <21.490>. ENFORCEMENT OF RULES <AND
716-15 REGULATIONS>. Notwithstanding <any of the provisions of> this
716-16 subchapter, any officer <all officers> commissioned by the board of
716-17 trustees of a school district may be empowered by the board to
716-18 enforce rules adopted <and regulations> <promulgated> by the board.
716-19 This <Nothing in this> subchapter is not intended to <limit or>
716-20 restrict the authority of each district to adopt <promulgate> and
716-21 enforce appropriate rules <and regulations> for the orderly conduct
716-22 of the district <institution> in carrying out its purposes and
716-23 objectives or the right of separate jurisdiction relating to the
716-24 conduct of its students and personnel.
716-25 Sec. 37.104 <21.488>. Courts Having Jurisdiction. The judge
716-26 of a municipal court of a municipality in which, or any justice of
716-27 the peace of a <any city or> county in which, <where> property
717-1 under the control and jurisdiction of a school district is located
717-2 is each separately vested with any <all> jurisdiction necessary to
717-3 hear and determine criminal cases involving violations of this
717-4 subchapter or rules adopted <or regulations promulgated> under this
717-5 subchapter <for which the punishment does not exceed a fine of
717-6 $200>.
717-7 Sec. 37.105 <21.489>. Unauthorized Persons: Refusal of
717-8 Entry, Ejection, Identification. The board of trustees of a school
717-9 district or its authorized representative <representatives> may
717-10 refuse to allow a person without <persons having no> legitimate
717-11 business to enter on property under the board's control<,> and may
717-12 eject any undesirable person from the property on the person's
717-13 <his> refusal to leave peaceably on request. Identification may be
717-14 required of any person on the property.
717-15 Sec. 37.106 <21.487>. Vehicle Identification Insignia. The
717-16 board of trustees of a <Each> school district may provide for the
717-17 issuance and use of suitable vehicle identification insignia. The
717-18 board <institution> may bar or suspend a person <the permit of any
717-19 vehicle> from driving or parking a vehicle on any school property
717-20 as a result of the person's <for the> violation of any rule adopted
717-21 <or regulation promulgated> by the board or <as well as for any
717-22 violation> of this subchapter. Reinstatement of the privileges may
717-23 be permitted and a reasonable fee assessed.
717-24 (Sections 37.107-37.120 reserved for expansion
717-25 SUBCHAPTER F. PENAL PROVISIONS
717-26 Sec. 37.121 <4.20>. FRATERNITIES, SORORITIES, SECRET
717-27 SOCIETIES. (a) Public <In all counties of this state, public>
718-1 school fraternities, sororities, <and> secret societies, and gangs
718-2 are prohibited in <all> the public schools of this state <supported
718-3 in whole or in part from public funds, which schools are below the
718-4 rank or grade of colleges, and including within said provisions all
718-5 high schools and junior high schools and all public schools of
718-6 lower grades>.
718-7 (b) In this section, a "public <A public> school fraternity,
718-8 sorority, <or> secret society, or gang" means an <as used in this
718-9 section is hereby defined to be any> organization composed wholly
718-10 or in part of students <pupils> of public schools below the rank of
718-11 college or junior college that <as herein provided, which> seeks to
718-12 perpetuate itself by taking in additional members from the students
718-13 <pupils> enrolled in <such> school on the basis of the decision of
718-14 its membership rather than on <upon> the free choice of a student
718-15 <any pupil> in the school who is qualified by the rules of the
718-16 school to fill the special aims of the organization.
718-17 (c) A <Any> public school fraternity, sorority, <or> secret
718-18 society, or gang <as defined in this section> is hereby declared to
718-19 be an organization inimical to the public good.
718-20 (d) A school district board of trustees or <It shall be the
718-21 duty of school directors, boards of education, school instructors,
718-22 and> other corporate authority managing <and controlling> any of
718-23 the public schools or an educator shall <of this state within the
718-24 provisions of this section to> recommend placing in an alternative
718-25 education program any student <pupil of a school> under the
718-26 person's <their> control who is <shall be or remain> a member of,
718-27 <or> who joins <shall join> or promises <promise> to join, <or> w
719-1 pledges <shall become pledged> to become a member of, or who
719-2 solicits another <shall solicit any other> person to join, promise
719-3 to join, or pledge <be pledged> to become a member of a <any such>
719-4 public school fraternity, <or> sorority, <or> secret society, or
719-5 gang. The <above> restrictions of this section do <shall> not <be
719-6 construed to> apply to an agency <agencies> for public welfare,
719-7 including <viz.:> Boy Scouts, Hi-Y, Girl Reserves, DeMolay,
719-8 Rainbow Girls, Pan-American Clubs, scholarship societies, and other
719-9 similar <kindred> educational organizations sponsored by <the>
719-10 state or national education authorities.
719-11 (e) A <Any> person who violates <violating any provision of>
719-12 this section commits an offense. An offense under this section is
719-13 <shall be deemed guilty of> a misdemeanor punishable by a fine of
719-14 <and upon conviction shall be fined> not less than $25 nor more
719-15 than $200 <for each offense>.
719-16 (f) This section does <The provisions of this section shall>
719-17 not apply to <any> universities, colleges, or schools organized for
719-18 higher education beyond the high school <and junior high school>
719-19 level. This section applies<, but the same shall apply> to primary
719-20 and secondary schools <high schools, junior high schools, and all
719-21 schools of lower grades>.
719-22 Sec. 37.122 <4.21>. SOLICITING PUPILS TO JOIN SECRET
719-23 SOCIETIES. (a) A person who is <It shall be unlawful for any
719-24 person> not enrolled in a public school may not <to> solicit a
719-25 <any> student enrolled in a <any> public school to join or pledge a
719-26 <any> public school fraternity, sorority, <or> secret society, or
719-27 gang or <to> solicit a <any such> student to attend a meeting of
720-1 one of those groups <thereof,> or a <any> meeting where membership
720-2 in one of those groups <therein> is encouraged.
720-3 (b) In this section, "public <A public> school fraternity,
720-4 sorority, <or> secret society, or gang" has the meaning and
720-5 applicability prescribed by Section 37.121 <is any organization
720-6 composed wholly or partially of students of public schools below
720-7 the rank of college or junior college which seeks to perpetuate
720-8 itself by taking in additional members from the student body of the
720-9 school on the basis of its members' decision rather than on the
720-10 free choice of any student qualified by the rules of the school to
720-11 fulfill the special aims of the organization. This definition,
720-12 however, does not apply to agencies organized for the public
720-13 welfare including the Boy Scouts, Hi-Y, Girl Reserves, DeMolay,
720-14 Rainbow Girls, Pan-American Clubs, scholarship societies, or any
720-15 other kindred education organization sponsored by state or national
720-16 education authorities>.
720-17 (c) This section does not apply to universities
720-18 <Universities>, colleges, or other schools organized for education
720-19 beyond the high school level <are exempted from all provisions of
720-20 this section>.
720-21 (d) A <Any> person who violates <convicted of violating any
720-22 provision of> this section commits an offense. An offense under
720-23 this section is <shall be deemed guilty of> a misdemeanor
720-24 punishable by a fine of <and upon conviction for each offense shall
720-25 be fined> not less than $25 nor more than $200.
720-26 Sec. 37.123 <4.22>. POSSESSION OF INTOXICANTS ON PUBLIC
720-27 SCHOOL GROUNDS. (a) A person may not possess an <The possession
721-1 of any> intoxicating beverage for consumption, sale, or
721-2 distribution while on the grounds or in a building of a public
721-3 <elementary, junior high, or senior high> school or while entering
721-4 or inside any enclosure, field, or stadium where an athletic event
721-5 sponsored or participated in by a public <elementary, junior high,
721-6 or senior high> school of this state is being held <is unlawful>.
721-7 (b) If an <any> officer of this state sees a <any> person
721-8 violating this section, the officer <he> shall immediately seize
721-9 the intoxicating beverage and, within a reasonable time, deliver it
721-10 to the county or district attorney to be held as evidence until the
721-11 trial of the accused possessor <and then dispose of same>.
721-12 (c) A person who violates <Any person violating the
721-13 provisions of> this section commits an offense. An offense under
721-14 this section is <shall be guilty of> a Class C misdemeanor.
721-15 <Sec. 4.23. LOITERING ON SCHOOL PROPERTY. (a) Any person
721-16 loitering upon school property after being warned to leave by the
721-17 person in charge shall be guilty of a misdemeanor and upon
721-18 conviction shall be fined not less than $25.00 nor more than
721-19 $200.00.>
721-20 <(b) School property for the purposes of this Act shall
721-21 include the grounds of any public school and any grounds or
721-22 buildings used for school sponsored assemblies or for activities.>
721-23 Sec. 37.124 <4.30>. DISRUPTIVE ACTIVITIES. (a) A <No>
721-24 person or group of persons acting in concert may not wilfully
721-25 engage in disruptive activity or disrupt a lawful assembly on the
721-26 campus or property of any private or public school <or institution
721-27 of higher education or public vocational and technical school or
722-1 institute>.
722-2 (b) For the purposes of this section, disruptive activity is
722-3 <means>:
722-4 (1) obstructing or restraining the passage of persons
722-5 in an exit, entrance, or hallway of a <any> building without the
722-6 authorization of the administration of the school;
722-7 (2) seizing control of a <any> building or portion of
722-8 a building to interfere <for the purpose of interfering> with an
722-9 <any> administrative, educational, research, or other authorized
722-10 activity;
722-11 (3) preventing or attempting to prevent by force or
722-12 violence or the threat of force or violence a <any> lawful assembly
722-13 authorized by the school administration;
722-14 (4) disrupting by force or violence or the threat of
722-15 force or violence a lawful assembly in progress; or
722-16 (5) obstructing or restraining the passage of a <any>
722-17 person at an exit or entrance to the <said> campus or property or
722-18 preventing or attempting to prevent by force or violence or by
722-19 threats of force or violence <thereof> the ingress or egress of a
722-20 <any> person to or from the <said> property or campus without the
722-21 authorization of the administration of the school.
722-22 (c) For <the> purposes of this section, a lawful assembly is
722-23 disrupted when a <any> person in attendance is rendered incapable
722-24 of participating in the assembly due to the use of force or
722-25 violence or due to a reasonable fear that force or violence is
722-26 likely to occur.
722-27 (d) A person who violates <any provision of> this section
723-1 commits an offense. An offense under this section<,> is <guilty
723-2 of> a misdemeanor <and upon conviction is> punishable by a fine not
723-3 to exceed $200, <or by> confinement in jail for not less than 10
723-4 days nor more than 6 months, or both.
723-5 (e) Any person who is convicted the third time of violating
723-6 this section is ineligible <shall not thereafter be eligible> to
723-7 attend any institution of higher education <school, college, or
723-8 university> receiving funds from this state before the second
723-9 anniversary of the <the State of Texas for a period of two years
723-10 from such> third conviction.
723-11 (f) This section may not <Nothing herein shall> be construed
723-12 to infringe on <upon> any right of free speech or expression
723-13 guaranteed by the Constitution <Constitutions> of the United States
723-14 or of this state <the State of Texas>.
723-15 Sec. 37.125 <4.33>. DISRUPTION OF CLASSES. (a) A <Any>
723-16 person who, on school property or on public property within 500
723-17 feet of school property, <shall> alone or in concert with others
723-18 intentionally disrupts <willfully disrupt> the conduct of classes
723-19 or other school activities commits an offense. An offense under
723-20 this section is <shall be guilty of> a Class C misdemeanor <and
723-21 upon conviction therefor shall be punished by a fine not to exceed
723-22 $200>.
723-23 (b) In this section:
723-24 (1) "School property" includes <shall include> public
723-25 school campuses or school grounds on <upon> which a <any> public
723-26 school is located<,> and any grounds or buildings used by a school
723-27 for assemblies or other school-sponsored activities.
724-1 (2) "Public property" includes a <shall include any>
724-2 street, highway, alley, public park, or sidewalk.
724-3 (3) Conduct that <which> disrupts the educational
724-4 activities of a school includes:
724-5 (A) emission by any means of noise of an
724-6 intensity that <which> prevents or hinders classroom instruction;
724-7 (B) enticement or attempted enticement of
724-8 students away from classes or other school activities that <which>
724-9 students are required to attend;
724-10 (C) prevention or attempted prevention of
724-11 students from attending classes or other school activities that
724-12 <which> students are required to attend; and
724-13 (D) entrance into a classroom without consent of
724-14 either the principal or teacher and either through acts of
724-15 misconduct or <and/or> use of loud or profane language causing
724-16 disruption of class activities.
724-17 <(c) The provisions of this section shall be cumulative of
724-18 existing law, and should any portion hereof be found to be in
724-19 conflict with any provision of existing law, the provisions hereof
724-20 shall prevail.>
724-21 Sec. 37.126 <4.31>. EXHIBITION OF FIREARMS. (a) A person
724-22 may not <It shall be unlawful to> interfere with the normal
724-23 activities, the normal occupancy, or normal use of a <any> building
724-24 or portion of a campus, or of a <any> school bus engaged in the
724-25 transportation of children to and from school sponsored activities,
724-26 of a <any> private or public school <or institution of higher
724-27 education or public vocational and technical school or institute>
725-1 by exhibiting or using or threatening to exhibit or use a firearm.
725-2 (b) A person who violates this section commits an offense.
725-3 An offense under this section is <guilty of> a felony <and upon
725-4 conviction is> punishable by a fine not <of up> to exceed $1,000,
725-5 <or> by imprisonment in the institutional division of the Texas
725-6 Department of Criminal Justice <jail> for a period not to exceed
725-7 five years <six months>, or by both fine and imprisonment<, or by
725-8 imprisonment in the state penitentiary for a period not to exceed
725-9 five years>.
725-10 Sec. 37.127 <4.34>. DISRUPTION OF TRANSPORTATION. Except as
725-11 provided by Section 37.126 <4.31 of this code>, a <any> person who
725-12 intentionally disrupts, prevents, or interferes with the lawful
725-13 transportation of children to and from school or activities
725-14 sponsored by a school on a vehicle owned or <and/or> operated by a
725-15 county or independent school district commits an offense. An
725-16 offense under this section is <shall be guilty of> a misdemeanor
725-17 punishable <and upon conviction shall be punished> by a fine not to
725-18 exceed $200.
725-19 (Sections 37.128-37.150 reserved for expansion
725-20 SUBCHAPTER G <B>. HAZING
725-21 Sec. 37.151 <4.51>. DEFINITIONS. In this subchapter:
725-22 (1) "Educational institution" includes a public or
725-23 private<:>
725-24 <(A)> high school<; or>
725-25 <(B) college, university, or other postsecondary
725-26 educational establishment>.
725-27 (2) "Pledge" means any person who has been accepted
726-1 by, is considering an offer of membership from, or is in the
726-2 process of qualifying for membership in an organization.
726-3 (3) "Pledging" means any action or activity related to
726-4 becoming a member of an organization.
726-5 (4) "Student" means any person who:
726-6 (A) is registered in or in attendance at an
726-7 educational institution;
726-8 (B) has been accepted for admission at the
726-9 educational institution where the hazing incident occurs; or
726-10 (C) intends to attend an educational institution
726-11 during any of its regular sessions after a period of scheduled
726-12 vacation.
726-13 (5) "Organization" means a fraternity, sorority,
726-14 association, corporation, order, society, corps, cooperative, club,
726-15 or service, social, or similar group, whose members are primarily
726-16 students at an educational institution.
726-17 (6) "Hazing" means any intentional, knowing, or
726-18 reckless act, occurring on or off the campus of an educational
726-19 institution, by one person alone or acting with others, directed
726-20 against a student, that endangers the mental or physical health or
726-21 safety of a student for the purpose of pledging, being initiated
726-22 into, affiliating with, holding office in, or maintaining
726-23 membership in an <any> organization <whose members are or include
726-24 students at an educational institution>. The term includes <but is
726-25 not limited to>:
726-26 (A) any type of physical brutality, such as
726-27 whipping, beating, striking, branding, electronic shocking, placing
727-1 of a harmful substance on the body, or similar activity;
727-2 (B) any type of physical activity, such as sleep
727-3 deprivation, exposure to the elements, confinement in a small
727-4 space, calisthenics, or other activity that subjects the student to
727-5 an unreasonable risk of harm or that adversely affects the mental
727-6 or physical health or safety of the student;
727-7 (C) any activity involving consumption of a
727-8 food, liquid, alcoholic beverage, liquor, drug, or other substance
727-9 that <which> subjects the student to an unreasonable risk of harm
727-10 or that <which> adversely affects the mental or physical health or
727-11 safety of the student;
727-12 (D) any activity that intimidates or threatens
727-13 the student with ostracism, that subjects the student to extreme
727-14 mental stress, shame, or humiliation, <or> that adversely affects
727-15 the mental health or dignity of the student or discourages the
727-16 student from entering or remaining registered in an educational
727-17 institution, or that may reasonably be expected to cause a student
727-18 to leave the organization or the institution rather than submit to
727-19 acts described in this subsection;
727-20 (E) any activity that induces, causes, or
727-21 requires the student to perform a duty or task that <which>
727-22 involves a violation of the Penal Code.
727-23 Sec. 37.152 <4.52>. PERSONAL HAZING OFFENSE. (a) A person
727-24 commits an offense if the person:
727-25 (1) engages in hazing;
727-26 (2) solicits, encourages, directs, aids, or attempts
727-27 to aid another in engaging in hazing;
728-1 (3) intentionally, knowingly, or recklessly permits
728-2 hazing to occur; or
728-3 (4) has firsthand knowledge of the planning of a
728-4 specific hazing incident involving a student in an educational
728-5 institution, or has firsthand knowledge that a specific hazing
728-6 incident has occurred, and knowingly fails to report that <said>
728-7 knowledge in writing to the dean of students or other appropriate
728-8 official of the institution.
728-9 (b) The offense of failing to report is a misdemeanor
728-10 punishable by a fine not to exceed $1,000, confinement in county
728-11 jail for not more than 180 days, or both the <such> fine and
728-12 confinement.
728-13 (c) Any other offense under this section that <which> does
728-14 not cause serious bodily injury to another is a misdemeanor
728-15 punishable by a fine of not less than $500 nor more than $1,000,
728-16 confinement in county jail for not less than 90 days nor more than
728-17 180 days, or both the <such> fine and confinement.
728-18 (d) Any other offense under this section that <which> causes
728-19 serious bodily injury to another is a misdemeanor punishable by a
728-20 fine of not less than $1,000 nor more than $5,000, confinement in
728-21 county jail for not less than 180 days nor more than one year, or
728-22 both the <such> fine and confinement.
728-23 (e) Any other offense under this section that <which> causes
728-24 the death of another is a misdemeanor punishable by a fine of not
728-25 less than $5,000 nor more than $10,000, confinement in county jail
728-26 for not less than one year nor more than two years, or both <such>
728-27 fine and confinement.
729-1 (f) Except if <when> an offense causes the death of a
729-2 student, in sentencing a person convicted of an offense under this
729-3 section, the court may require the person to perform community
729-4 service, subject to the same conditions imposed on a person placed
729-5 on community supervision under <service probationers by Subdivision
729-6 (1), Subsection (e), and Subsections (c), (d), (g), and (h) of>
729-7 Section 11 <10A>, Article 42.12, Code of Criminal Procedure, for an
729-8 appropriate period of time in lieu of confinement in county jail or
729-9 in lieu of a part of the time the person is sentenced to
729-10 confinement in county jail.
729-11 Sec. 37.153 <4.53>. ORGANIZATION HAZING OFFENSE. (a) An
729-12 organization commits an offense if the organization condones or
729-13 encourages hazing or if an officer or any combination of members,
729-14 pledges, or alumni of the organization commits or assists in the
729-15 commission of hazing.
729-16 (b) An offense under this section is a misdemeanor
729-17 punishable by:
729-18 (1) a fine of not less than $5,000 nor more than
729-19 $10,000;<,> or
729-20 (2) if the <a> court finds that the offense caused
729-21 personal injury, property damage, or other loss, <the court may
729-22 sentence the organization to pay> a fine of not less than $5,000
729-23 nor more than double the amount lost or expenses incurred because
729-24 of the <such> injury, damage, or loss.
729-25 Sec. 37.154 <4.54>. CONSENT NOT A DEFENSE. It is not a
729-26 defense to prosecution of an offense under this subchapter that the
729-27 person against whom the hazing was directed consented to or
730-1 acquiesced in the hazing activity.
730-2 Sec. 37.155 <4.55>. IMMUNITY FROM PROSECUTION AVAILABLE. In
730-3 the prosecution of an offense under this subchapter, the court may
730-4 grant immunity from prosecution for the offense to each person who
730-5 is subpoenaed to testify for the prosecution and who does testify
730-6 for the prosecution. Any person reporting a specific hazing
730-7 incident involving a student in an educational institution to the
730-8 dean of students or other appropriate official of the institution
730-9 is immune from <liability,> civil or criminal liability<,> that
730-10 might otherwise be incurred or imposed as a result of the report.
730-11 Immunity extends to participation in any judicial proceeding
730-12 resulting from the report. A person reporting in bad faith or with
730-13 malice is not protected by this section.
730-14 Sec. 37.156 <4.56>. OFFENSES IN ADDITION TO OTHER PENAL
730-15 PROVISIONS. This subchapter does not affect or repeal any penal
730-16 law of this state. Nothing in this subchapter limits <shall limit>
730-17 or affects <affect> the right of an educational institution to
730-18 enforce its own penalties against hazing.
730-19 Sec. 37.157 <4.57>. REPORTING BY MEDICAL AUTHORITIES. A
730-20 doctor or other medical practitioner who treats <Treatment of> a
730-21 student who may have been subjected to hazing activities:
730-22 (1) may report the suspected hazing activities <be
730-23 reported> to police or other law enforcement officials;<,> and
730-24 (2) is <the doctor or medical practitioner so
730-25 reporting shall be> immune from civil <suit> or other liability
730-26 that might otherwise be imposed or incurred as a result of the
730-27 report, unless the report is made in bad faith or with malice.
731-1 <Sec. 4.58. PUBLICATION OF SUBCHAPTER. (a) Each
731-2 postsecondary educational institution shall cause to be published
731-3 or distributed to each student during the first three weeks of each
731-4 semester a summary of the provisions of this subchapter.>
731-5 <(b) The institution shall publish or distribute in the same
731-6 manner a list of organizations that have been disciplined for
731-7 hazing or convicted for hazing on or off the campus of the
731-8 institution during the previous three years.>
731-9 <(c) If the institution publishes a general catalogue,
731-10 student handbook, or similar publication, it shall publish a
731-11 summary of the provisions of this subchapter in each edition of
731-12 that catalogue, handbook, or similar publication.>
731-13 CHAPTER 38. HEALTH AND SAFETY
731-14 Sec. 38.001 <2.09>. Immunization; Requirements; Exceptions.
731-15 (a) Each student shall be <No person may be admitted to any
731-16 elementary or secondary school unless he has been> fully immunized
731-17 against diphtheria, rubeola, rubella, mumps, tetanus, and
731-18 poliomyelitis, except as provided by <in> Subsection (c).
731-19 (b) Subject to <the provisions of> Subsection (c), the Texas
731-20 Board of Health may modify or delete any of the immunizations in
731-21 Subsection (a) or may require immunizations against additional
731-22 diseases as a requirement for admission to any elementary or
731-23 secondary school.
731-24 (c) Immunization <No form of immunization> is not required
731-25 for a person's admission to any elementary or secondary school if
731-26 <when> the person applying for admission:
731-27 (1) submits to the admitting official <either of the
732-1 following>:
732-2 (A) an affidavit or a certificate signed by a
732-3 physician who is duly registered and licensed to practice medicine
732-4 in <within> the United States, in which it is stated that, in the
732-5 physician's opinion, the immunization required would be injurious
732-6 to the health and well-being of the applicant or any member of the
732-7 applicant's <his> family or household; or
732-8 (B) an affidavit signed by the applicant or, if
732-9 a minor, by the applicant's <his> parent or guardian stating that
732-10 the immunization conflicts with the tenets and practice of a
732-11 recognized church or religious denomination of which the applicant
732-12 is an adherent or member, except that<; provided, however, that>
732-13 this exemption does not apply in times of emergency or epidemic
732-14 declared by the commissioner of public health <Commissioner of
732-15 Health>; or
732-16 (2) is a member of the armed forces of the United
732-17 States and is on active duty.
732-18 (d) The Texas Department of Health shall provide the
732-19 required immunization to children in areas where no local provision
732-20 exists to provide those <these> services.
732-21 (e) A person may be provisionally admitted to an elementary
732-22 or secondary school if the person <he> has begun the required
732-23 immunizations and if the person <he> continues to receive the
732-24 necessary immunizations as rapidly as is medically feasible. The
732-25 Texas Department of Health shall adopt <promulgate> rules <and
732-26 regulations> relating to the provisional admission of persons to an
732-27 elementary or secondary school.
733-1 <(f) Institutions of higher education may require persons
733-2 applying for admission to be immunized against diphtheria, rubeola,
733-3 rubella, mumps, tetanus, and poliomyelitis, except as provided in
733-4 Subsection (c). The Texas Board of Health may require immunizations
733-5 against these and additional diseases for registrants at any
733-6 institution of higher education who are pursuing a course of study
733-7 in any of the human or animal health professions, and the board may
733-8 require such immunizations for any registrants in times of an
733-9 emergency or epidemic in a county where such an emergency or
733-10 epidemic has been declared by the Commissioner of Health.
733-11 Institutions of higher education, in conjunction with the Texas
733-12 Department of Health, should provide individual notice to each
733-13 student applying for admission regarding:>
733-14 <(1) the consequences of not being current on
733-15 immunization for certain diseases;>
733-16 <(2) the age groups most vulnerable to these vaccine
733-17 preventable diseases; and>
733-18 <(3) local providers of immunization services.>
733-19 Sec. 38.002 <2.091>. Immunization Records; Reporting.
733-20 (a) Each public school <covered by this Act> shall keep an
733-21 individual immunization record during the period of attendance for
733-22 each student admitted. The<, and the> records shall be open for
733-23 inspection at all reasonable times by the Texas <Central> Education
733-24 Agency or by representatives of local health departments or the
733-25 Texas Department of Health.
733-26 (b) Each public school <covered by this Act> shall cooperate
733-27 in transferring students' immunization records to <between> other
734-1 schools. Specific approval from students, parents, or guardians is
734-2 not required prior to making such record transfers.
734-3 (c) The Texas <Central> Education Agency and the Texas
734-4 Department of Health shall develop the form for a required annual
734-5 report of the immunization status of students. The<, and such
734-6 annual> report shall be submitted by all <Texas> schools at the
734-7 <such> time and in the <such> manner <as is> indicated in the
734-8 instructions printed on the <such> form.
734-9 <Sec. 2.10. ><Maintenance of Existing Institutions><. No law
734-10 establishing or providing for the maintenance of any public
734-11 educational institution shall be affected or impaired by the
734-12 repealing clause of this code unless expressly altered or repealed
734-13 in some preceding or subsequent section herein.>
734-14 Sec. 38.003 <21.924>. Screening and Treatment for Dyslexia
734-15 and Related Disorders. (a) In this section:
734-16 (1) "Dyslexia" means a disorder of constitutional
734-17 origin manifested by a difficulty in learning to read, write, or
734-18 spell, despite conventional instruction, adequate intelligence, and
734-19 socio-cultural opportunity.
734-20 (2) "Related disorders" includes disorders similar to
734-21 or related to dyslexia such as developmental auditory imperception,
734-22 dysphasia, specific developmental dyslexia, developmental
734-23 dysgraphia, and developmental spelling disability.
734-24 (b) The State Board of Education shall approve and from time
734-25 to time review a program under which students enrolling in public
734-26 schools in this state are tested for dyslexia and related disorders
734-27 at appropriate times.
735-1 (c) In accordance with the program approved by the State
735-2 Board of Education, the board of trustees of each school district
735-3 shall provide for the treatment of any student determined to have
735-4 dyslexia or a related disorder.
735-5 (d) The State Board of Education shall adopt any rules and
735-6 standards necessary to administer this section.
735-7 Sec. 38.004 <21.936>. Child Abuse Reporting and Programs.
735-8 (a) The agency <Central Education Agency> shall develop a policy
735-9 governing the child abuse reports required by Chapter 34, Family
735-10 Code, of school districts and their employees. The policy must
735-11 provide for cooperation with law enforcement child abuse
735-12 investigations without the consent of the child's parents if
735-13 necessary, including investigations by the Texas Department of
735-14 Human Services. Each school district shall adopt the policy.
735-15 (b) Each school district shall provide child abuse
735-16 anti-victimization programs in elementary and secondary schools.
735-17 Sec. 38.005 <21.909>. Protective Eye Devices in Public
735-18 Schools. <(a)> Industrial quality eye-protective devices shall be
735-19 worn by every teacher and student <pupil> in appropriate situations
735-20 as determined by school district policy. <Texas participating in
735-21 any of the following courses:>
735-22 <(1) vocational or industrial arts shops or
735-23 laboratories involving experience with:>
735-24 <(A) hot molten metals;>
735-25 <(B) milling, sawing, turning, shaping, cutting
735-26 or stamping of any solid materials;>
735-27 <(C) heat treatment, tempering, or kiln firing
736-1 of any metal or other materials;>
736-2 <(D) gas or electric arc welding; or>
736-3 <(E) caustic or explosive materials; or>
736-4 <(2) chemical or combined chemical-physical
736-5 laboratories involving caustic or explosive chemicals or hot
736-6 liquids or solids.>
736-7 <(b) In this section, "industrial quality eye-protective
736-8 devices" means devices meeting the standards set by the State
736-9 Department of Health.>
736-10 <(c) The governing boards and administrators of Texas school
736-11 districts offering any of the listed courses are responsible for
736-12 furnishing free of charge or providing at cost to teachers and
736-13 pupils participating in the courses the required eye-protective
736-14 devices.>
736-15 Sec. 38.006 <21.927>. Smoking on School Property. The board
736-16 of trustees of a school district shall prohibit students from
736-17 smoking or using, and may prohibit students from possessing,
736-18 tobacco products at any school related or sanctioned activity on or
736-19 off school property and shall ensure that <instruct> school
736-20 personnel <to> enforce the policy against smoking on school
736-21 property. <It shall be the responsibility of the Central Education
736-22 Agency to monitor and enforce this provision of the law.>
736-23 Sec. 38.007 <21.928>. Posting of Steroid Law Notice. Each
736-24 school in a <public> school district in which there is a grade
736-25 level of seven or higher shall post in a conspicuous location in
736-26 the school gymnasium and each other place in a building where
736-27 physical education classes are conducted the following notice:
737-1 Anabolic steroids are for medical use only. State law
737-2 prohibits the possession, dispensing, delivery, or administering of
737-3 an anabolic steroid in any manner not allowed by state law. State
737-4 law provides that body building, muscle enhancement, or increasing
737-5 muscle bulk or strength through the use of an anabolic steroid or
737-6 human growth hormone by a person who is in good health is not a
737-7 valid medical purpose. Only a medical doctor may prescribe an
737-8 anabolic steroid or human growth hormone for a person. A violation
737-9 of state law concerning anabolic steroids or human growth hormones
737-10 is a criminal offense punishable by confinement in jail or
737-11 imprisonment in the institutional division of the Texas Department
737-12 of Criminal Justice <Corrections>.
737-13 <Sec. 21.929. ><Parent Involvement and Education Pilot
737-14 Programs><. (a) The Central Education Agency shall establish a
737-15 process for the approval and funding of pilot parental involvement
737-16 and parent education programs for parents of students who attend
737-17 public schools and for parents of children ages 0-3. Each school
737-18 district in which a pilot program is established under this section
737-19 shall involve the administration and faculty of each school in the
737-20 program in the development and implementation of the program at
737-21 that school.>
737-22 <(b) The programs shall be funded from funds appropriated
737-23 for that purpose and made available on a competitive basis to
737-24 school districts.>
737-25 <(c) Programs for parents of children enrolled in school
737-26 must include training parents in helping their children develop:>
737-27 <(1) self-esteem;>
738-1 <(2) good study habits at home and at school; and>
738-2 <(3) communication with their parents, with school
738-3 personnel, and with other students.>
738-4 <(d) Programs for parents of children ages 0-3 must include:>
738-5 <(1) information for parents about the physical,
738-6 mental, social, and emotional development of children;>
738-7 <(2) skill development for parents in providing for
738-8 the child's learning and development;>
738-9 <(3) learning experiences for children and parents;>
738-10 <(4) activities designed to detect any physical,
738-11 mental, emotional, or behavioral problem a child has that may cause
738-12 a learning problem;>
738-13 <(5) referral to an early childhood intervention or
738-14 school district special education program for an assessment if the
738-15 child is suspected to have a developmental delay; and>
738-16 <(6) educational materials that a parent may borrow
738-17 for home use.>
738-18 <(e) In selecting programs for approval and funding, the
738-19 agency shall give preference to programs that serve campuses with
738-20 significantly high dropout rates and that include students from
738-21 families of low income, as determined by rule of the State Board of
738-22 Education.>
738-23 <(f) The Central Education Agency shall provide guidelines
738-24 and other assistance for schools in developing and establishing
738-25 parent involvement education programs.>
738-26 <(g) A program developed under this section must include
738-27 providing relevant information to a parent about assistance
739-1 available to the parent or the parent's family through programs or
739-2 services provided by a state agency or by a local government.>
739-3 Sec. 38.008 <21.933>. Access to Medical Records. (a) A
739-4 school administrator or teacher is entitled to access to a
739-5 student's medical records maintained by the school district for
739-6 reasons determined by district policy <only if the administrator or
739-7 teacher has completed the staff development required under Section
739-8 11.208(b) of this code>.
739-9 (b) A school administrator or teacher who views medical
739-10 records under this section shall maintain the confidentiality of
739-11 those medical records.
739-12 (c) This section does not authorize a school administrator
739-13 or teacher to require a student to be tested to determine the
739-14 student's medical condition or status.
739-15 Sec. 38.009. OUTSIDE COUNSELORS. A school district or
739-16 school district employee may not refer a student to an outside
739-17 counselor for care or treatment of a chemical dependency or an
739-18 emotional or psychological condition unless the district:
739-19 (1) obtains prior written consent for the referral
739-20 from the student's parent, managing conservator, or guardian;
739-21 (2) discloses to the student's parent, managing
739-22 conservator, or guardian any relationship between the district and
739-23 the outside counselor;
739-24 (3) informs the student and the student's parent,
739-25 managing conservator, or guardian, as appropriate, of any
739-26 alternative public or private source of care or treatment
739-27 reasonably available in the area;
740-1 (4) requires the approval of appropriate school
740-2 district personnel before a student may be referred for care or
740-3 treatment or before a referral is suggested as being warranted; and
740-4 (5) specifically prohibits any disclosure of a student
740-5 record that violates state or federal law.
740-6 <Sec. 21.938. SAFE SCHOOL CHECKLIST. The State Board of
740-7 Education by rule shall develop a model safe school checklist that
740-8 a school district may use to assess a school's safety strengths and
740-9 weaknesses. The checklist must include procedures for:>
740-10 <(1) implementing a comprehensive safety plan;>
740-11 <(2) communicating discipline policies and procedures;>
740-12 <(3) implementing intraagency and interagency
740-13 emergency plans;>
740-14 <(4) recording disruptive incidents;>
740-15 <(5) training staff and students;>
740-16 <(6) assessing buildings and grounds;>
740-17 <(7) handling visitors;>
740-18 <(8) assigning personnel in emergencies;>
740-19 <(9) communicating during emergencies and managing
740-20 emergencies;>
740-21 <(10) providing safe transportation;>
740-22 <(11) handling accidents; and>
740-23 <(12) communicating with law enforcement authorities.>
740-24 SUBTITLE J. PUBLIC SCHOOL SYSTEM ACCOUNTABILITY
740-25 CHAPTER 39 <35>. PUBLIC SCHOOL
740-26 SYSTEM ACCOUNTABILITY
740-27 SUBCHAPTER A. GENERAL PROVISIONS
741-1 Sec. 39.001. DEFINITION. In this chapter, "core curriculum"
741-2 means the curriculum described by Section 28.001(a).
741-3 (Sections 39.002-39.020 reserved for expansion
741-4 SUBCHAPTER B. ASSESSMENT OF ACADEMIC SKILLS
741-5 Sec. 39.021 <35.021>. Essential Skills and Knowledge. <(a)>
741-6 The State Board of Education by rule shall establish the essential
741-7 skills and knowledge that all students should learn to achieve the
741-8 goals provided under Section 4.001 <35.001>.
741-9 <(b) Before adopting rules under this section, the board
741-10 shall consider the comments of the Legislative Education Board as
741-11 required under Section 11.24.>
741-12 Sec. 39.022 <35.022>. Assessment Program. <(a)> The State
741-13 Board of Education by rule shall create and implement a statewide
741-14 assessment program that is primarily performance-based to ensure
741-15 school accountability for student achievement in the core
741-16 curriculum <that achieves the goals provided under Section 35.001>.
741-17 After adopting rules under this section, the State Board of
741-18 Education shall consider the importance of maintaining stability in
741-19 the statewide assessment program when adopting any subsequent
741-20 modification of the rules.
741-21 <(b) Before adopting rules under this section, the State
741-22 Board of Education shall consider the comments of the Legislative
741-23 Education Board as required under Section 11.24.>
741-24 Sec. 39.023 <35.023>. Adoption and Administration of
741-25 Instruments. (a) The Texas <Central> Education Agency shall adopt
741-26 appropriate criterion-referenced assessment instruments designed to
741-27 assess competencies in the core curriculum <reading, writing,
742-1 social studies, science, mathematics, and other subject areas
742-2 determined by the State Board of Education>. Assessment in reading
742-3 and mathematics shall be annual for all nonexempt students <pupils>
742-4 in grades three through eight <and assessment shall be periodic in
742-5 other areas as determined by the State Board of Education>.
742-6 (b) The agency <Central Education Agency> shall also adopt
742-7 secondary end-of-course <exit-level> assessment instruments for
742-8 grades 9 through 12 designed to assess competencies in the core
742-9 curriculum <mathematics, social studies, science, and English
742-10 language arts and other subject areas determined by the State Board
742-11 of Education>. The English language arts section must include the
742-12 assessment of writing competencies. The State Board of Education
742-13 shall administer the assessment instruments.
742-14 (c) The State Board of Education shall adopt a schedule for
742-15 the administration of secondary end-of-course <exit-level>
742-16 assessment instruments. Each student <pupil> who did not perform
742-17 satisfactorily on any secondary end-of-course <exit-level>
742-18 assessment instrument when initially tested may <shall> be given
742-19 multiple opportunities to retake that assessment instrument.
742-20 (d) Under rules adopted by the State Board of Education, the
742-21 agency shall release the questions and answer keys to each
742-22 assessment instrument required under Subsection (a) or (b) after
742-23 the last time the instrument is administered for a school year. To
742-24 ensure a valid bank of questions for use each year, the agency is
742-25 not required to release a question that is being field-tested and
742-26 was not used to compute the student's score on the instrument. The
742-27 agency shall also release, under board rule, each question that is
743-1 no longer being field-tested and that was not used to compute a
743-2 student's score <An assessment instrument adopted under this
743-3 section may include multiple sets of questions with one set
743-4 administered to each group of students assessed in order to enhance
743-5 security and broaden the total curriculum elements assessed>.
743-6 (e) The assessment instruments shall be designed to include
743-7 assessment of a student's problem-solving ability and
743-8 complex-thinking skills using a method of assessing those abilities
743-9 and skills that is demonstrated to be highly reliable.
743-10 (f) <The assessment instruments required by Subsections (a)
743-11 and (b) must include assessments of social studies and science not
743-12 later than the 1994-1995 school year. The State Board of Education
743-13 may adopt a schedule for the addition of the assessment of those
743-14 subjects at the required grade levels in phases. This subsection
743-15 expires August 31, 1995.>
743-16 <(g)> The State Board of Education may adopt one
743-17 appropriate, nationally recognized, norm-referenced assessment
743-18 instrument in reading and mathematics to be administered to a
743-19 selected sample of students <uniformly> in the spring. A district
743-20 is not required to participate in the norm-referenced assessment
743-21 instrument. If adopted, a norm-referenced assessment instrument
743-22 must be a secured test. The state may pay the costs of purchasing
743-23 and scoring the adopted assessment instrument and of distributing
743-24 the results of the adopted instrument to the school districts. A
743-25 district that administers the norm-referenced test adopted under
743-26 this section shall report the results to the agency <Central
743-27 Education Agency> in a manner prescribed by the commissioner <of
744-1 education>.
744-2 (g) <(h) Not later than the 1994-1995 school year, the
744-3 Central Education Agency shall adopt end-of-course tests for grades
744-4 nine through 12 for subjects as defined by the commissioner of
744-5 education and the State Board of Education.>
744-6 <(i)> The agency <Central Education Agency> shall notify
744-7 school districts and campuses of the results of assessment
744-8 instruments administered under this section at the earliest
744-9 possible date determined by the State Board of Education but not
744-10 later than the beginning of the subsequent school year.
744-11 (h) <(j) The provisions of this section are subject to
744-12 modification by rules adopted under Section 35.022.> Each
744-13 assessment instrument adopted under the <those> rules adopted under
744-14 Section 39.022 must be reliable and valid and must meet federal
744-15 requirements for measurement of student progress.
744-16 Sec. 39.024 <35.024>. Satisfactory Performance. (a) The
744-17 State Board of Education shall determine the level of performance
744-18 considered to be satisfactory on the assessment instruments.
744-19 (b) Each school district shall offer an intensive program of
744-20 instruction for students who did not perform satisfactorily on an
744-21 assessment instrument administered under this subchapter. The
744-22 intensive programs shall be designed to enable the students to be
744-23 performing at grade level at the conclusion of the next regular
744-24 school term.
744-25 (c) The agency <Central Education Agency> shall develop and
744-26 distribute study guides to assist parents in providing assistance
744-27 during the period that school is recessed for summer to students
745-1 who do not perform satisfactorily on one or more parts of an
745-2 assessment instrument administered under this subchapter. The
745-3 commissioner <of education> shall retain a portion of the total
745-4 amount of funds allotted under Section 42.152(a) <16.152(a)> that
745-5 the commissioner considers appropriate to finance the development
745-6 and distribution of the study guides and shall reduce each
745-7 district's allotment proportionately.
745-8 Sec. 39.025 <35.025>. SATISFACTORY <EXIT-LEVEL> PERFORMANCE
745-9 REQUIRED FOR HIGH SCHOOL DIPLOMA. (a) Except as provided by
745-10 Subsection (b), a <A> student may not receive a high school
745-11 diploma, other than a vocational diploma as prescribed by Section
745-12 28.028, until the student has performed satisfactorily on the
745-13 secondary end-of-course <exit-level> assessment instruments for:
745-14 (1) each course in the core curriculum that is
745-15 required for graduation by State Board of Education rule; or
745-16 (2) an advanced course in a subject to which
745-17 Subdivision (1) applies, if the student is enrolled in an advanced
745-18 course <reading, writing, and mathematics. The State Board of
745-19 Education shall adopt a schedule for the addition of satisfactory
745-20 performance on secondary exit-level assessment instruments in other
745-21 subject areas as a requirement for receipt of a high school
745-22 diploma>.
745-23 (b) A student is not required to perform satisfactorily on
745-24 an end-of-course assessment instrument for a course for which the
745-25 student is given credit on transferring from a school in another
745-26 state to a public school in this state <Each time a secondary
745-27 exit-level assessment instrument is administered, a student who has
746-1 not been given a high school diploma because of a failure to
746-2 perform satisfactorily on the assessment instrument for that
746-3 subject area may retake the assessment instrument>.
746-4 (c) The 1995 amendment of this section applies beginning
746-5 with the 1997-1998 school year. Exit-level performance for prior
746-6 school years is governed by the law in effect January 1, 1995, and
746-7 that law is continued in effect for that purpose. This subsection
746-8 expires September 1, 1997 <A student who has been denied a high
746-9 school diploma under Subsections (a) and (b) and who subsequently
746-10 performs satisfactorily on each secondary exit-level assessment
746-11 instrument shall be issued a high school diploma>.
746-12 Sec. 39.026 <35.026>. LOCAL OPTION. In addition to the
746-13 assessment instruments adopted by the agency <Central Education
746-14 Agency> and administered by the State Board of Education, a <local>
746-15 school district may adopt and administer criterion-referenced or
746-16 norm-referenced assessment instruments<, or both,> at any grade
746-17 level. A norm-referenced assessment instrument adopted under this
746-18 section must be economical, nationally recognized, and
746-19 state-approved.
746-20 Sec. 39.027 <35.027>. EXEMPTION. (a) A <Any> student <who
746-21 has a physical or mental impairment or a learning disability that
746-22 prevents the student from mastering the competencies which the
746-23 academic skills assessment instruments are designed to measure> may
746-24 be exempted from the requirements of this subchapter, other than
746-25 Section 39.025, if the student:
746-26 (1) is a student of limited English proficiency, as
746-27 defined by Section 29.052, and has not attended any school at which
747-1 English was the primary language used for instruction for at least
747-2 three years immediately preceding the date the assessment
747-3 instrument is administered;
747-4 (2) is a special education student whose physical or
747-5 mental impairment or learning disability prevents the student from
747-6 mastering the competencies that the academic skills assessment
747-7 instruments are designed to measure; or
747-8 (3) is not eligible for participation in a special
747-9 education program and:
747-10 (A) the student has an IQ of less than 85; and
747-11 (B) the student's parent, as provided by rules
747-12 adopted under Subsection (b), requests that the student be
747-13 exempted.
747-14 (b) The State Board of Education shall adopt rules under
747-15 which a district may determine if a student is eligible for an
747-16 exemption under this section. The agency <Central Education
747-17 Agency> shall closely monitor compliance with those rules.
747-18 (c) The State Board of Education shall adopt rules under
747-19 which a dyslexic student who is not exempt under this section may
747-20 use <utilize> procedures including <but not limited to> oral
747-21 examinations if <where> appropriate and the allowance of additional
747-22 time and <the> materials or technology necessary for the student to
747-23 demonstrate the student's mastery of the competencies the
747-24 assessment instruments are designed to measure.
747-25 Sec. 39.028 <35.028>. Comparison of State Results to
747-26 National Results. The state assessment program shall obtain
747-27 nationally comparative results for the subject areas and grade
748-1 levels for which criterion-referenced assessment instruments are
748-2 adopted under Section 39.023 <35.023>.
748-3 Sec. 39.029 <35.029>. Migrant Workers. (a) The State Board
748-4 of Education by rule may provide alternate dates for the
748-5 administration of the assessment instruments <assessments> to a
748-6 student whose parent or guardian is a migrant worker and who
748-7 travels with the parent or guardian. The alternate dates may be
748-8 chosen following a consideration of migrant work patterns, and the
748-9 dates selected may afford maximum opportunity for the students to
748-10 be present when the assessment instruments are administered.
748-11 (b) In this section, "migrant worker" means an individual
748-12 who is employed in agricultural labor of a seasonal or temporary
748-13 nature and whose work requires the individual to be absent
748-14 overnight from the individual's residence.
748-15 Sec. 39.030 <35.030>. Confidentiality; Performance Reports.
748-16 (a) In adopting academic skills assessment instruments under this
748-17 subchapter, the State Board of Education or a <local> school
748-18 district shall ensure the security of the instruments and tests in
748-19 their preparation, administration, and grading. Meetings or
748-20 portions of meetings held by the State Board of Education or a
748-21 local school district at which individual assessment instruments
748-22 <or assessment instrument items> are discussed or adopted are not
748-23 open to the public under Chapter 551, Government Code <271, Acts of
748-24 the 60th Legislature, Regular Session, 1967 (Article 6252-17,
748-25 Vernon's Texas Civil Statutes)>, and the assessment instruments <or
748-26 assessment instrument items> are confidential.
748-27 (b) The results of individual student performance on
749-1 academic skills assessment instruments administered under this
749-2 subchapter are confidential and may be made available only to the
749-3 student, the student's parent or guardian, the school personnel
749-4 directly involved with the student's educational program, and the
749-5 agency <Central Education Agency> as required by this subchapter.
749-6 However, overall student performance data shall be aggregated by
749-7 grade level, subject area, campus, and district and made available
749-8 to the public, with appropriate interpretations, at regularly
749-9 scheduled meetings of the <governing> board of trustees of each
749-10 school district. The information may not contain the names of
749-11 individual students or teachers. <The commissioner of education
749-12 shall compile all of the data and report it to the legislature,
749-13 lieutenant governor, and governor no later than January 1 of each
749-14 odd-numbered year.>
749-15 (c) In compiling performance data under Subsection (b), a
749-16 district <or the commissioner of education> may aggregate
749-17 separately from the performance data of other students the
749-18 performance data of students enrolled in:
749-19 (1) <a bilingual education or special language program
749-20 under Subchapter L, Chapter 21; or>
749-21 <(2)> a special education program under Subchapter A
749-22 <N>, Chapter 29; or
749-23 (2) a bilingual education or special language program
749-24 under Subchapter B, Chapter 29 <21>.
749-25 Sec. 39.031 <35.031>. Cost. The cost of preparing,
749-26 administering, or grading the assessment instruments shall be paid
749-27 from amounts appropriated to the agency <the compensatory aid
750-1 provided by Section 16.152, and each district shall bear the cost
750-2 in the same manner described for a reduction in allotments under
750-3 Section 16.254. If a district does not receive an allocation of
750-4 compensatory aid, the commissioner of education shall subtract the
750-5 cost from the district's other foundation school fund allocations>.
750-6 <Sec. 35.032. BIENNIAL REPORTS. The State Board of
750-7 Education shall biennially report to the legislature an evaluation
750-8 of the correlation between student grades and student performance
750-9 on assessment instruments administered under this subchapter. The
750-10 report may be included with other reports made as required by law.>
750-11 Sec. 39.032 <35.033>. Assessment Instrument Standards; Civil
750-12 Penalty. (a) A company or organization may not distribute to,
750-13 sell to, or grade for the same school district the same form of an
750-14 assessment instrument for more than three school years. A school
750-15 district may not use the same form of an assessment instrument for
750-16 more than three years.
750-17 (b) A company or organization that grades an assessment
750-18 instrument shall report the results to the district and to the
750-19 agency <Central Education Agency> by campus and district and in
750-20 comparison to state and national averages, unless the agency
750-21 requests a report of the results in another form.
750-22 (c) State and national norms of averages shall be computed
750-23 using data that are not more than two years old at the time the
750-24 assessment instrument is administered and that are representative
750-25 of the group of students to whom the assessment instrument is
750-26 administered. The standardization norms shall be based on a
750-27 national probability sample that meets accepted standards for
751-1 educational and psychological testing and shall be updated at least
751-2 every two years using proven psychometric procedures approved by
751-3 the State Board of Education.
751-4 (d) A company or organization that reports results using
751-5 national norms that are not calculated in compliance with
751-6 Subsection (c) is liable to the state in an amount equal to three
751-7 times the amount of actual damages. The actual damages are
751-8 presumed to be at least equal to the amount charged by the company
751-9 or organization to a school district for the assessment instrument,
751-10 including any charge for grading the assessment instrument. The
751-11 attorney general, a district attorney, or a county attorney may
751-12 bring suit to collect the damages on the request of the State Board
751-13 of Education or on the request of a student or a parent or guardian
751-14 of a student to whom the assessment instrument was administered.
751-15 (e) The State Board of Education shall adopt rules for the
751-16 implementation of this section and for the maintenance of the
751-17 security of the contents of all assessment instruments.
751-18 (f) In this section, "assessment instrument" means a
751-19 group-administered achievement test.
751-20 Sec. 39.033. VOLUNTARY ASSESSMENT OF PRIVATE SCHOOL
751-21 STUDENTS. (a) Under an agreement with the agency, a private
751-22 school may administer an assessment instrument adopted under this
751-23 subchapter to students at the school.
751-24 (b) An agreement under this section must require the private
751-25 school to provide to the commissioner the information described by
751-26 Section 39.051(b).
751-27 (c) The agency shall pay the cost of administering an
752-1 assessment instrument under this section.
752-2 (d) In this section, "private school" means a school that:
752-3 (1) offers a general education to elementary or
752-4 secondary students; and
752-5 (2) is not operated by a governmental entity.
752-6 (Sections 39.034-39.050 reserved for expansion
752-7 SUBCHAPTER C. PERFORMANCE INDICATORS
752-8 Sec. 39.051 <35.041>. Academic Excellence Indicators.
752-9 (a) The State Board of Education<, on the advice of the
752-10 Legislative Education Board,> shall adopt a set of indicators of
752-11 the quality of learning on a campus. The State Board of Education
752-12 biennially shall review the indicators for the consideration of
752-13 appropriate revisions.
752-14 (b) Performance on the indicators adopted under this section
752-15 shall be compared to state-established standards. The degree of
752-16 change from one school year to the next in performance on each
752-17 indicator adopted under this section shall also be considered. The
752-18 indicators must be based on information that is disaggregated with
752-19 respect to race, ethnicity, gender, and socioeconomic status and
752-20 must include:
752-21 (1) the results of assessment instruments adopted
752-22 <required> under Section 39.023(a) <Subchapter B> aggregated by
752-23 grade level and subject area;
752-24 (2) dropout rates;
752-25 (3) student attendance rates;
752-26 (4) the results of secondary <high school>
752-27 end-of-course assessment instruments <examinations> adopted under
753-1 Section 39.023(b) <by the State Board of Education>;
753-2 (5) <percentage of graduating students who attain
753-3 scores on the secondary exit-level assessment instruments required
753-4 under Subchapter B that are equivalent to a passing score on the
753-5 test instrument required under Section 51.306;>
753-6 <(6)> the percentage of graduating students who meet
753-7 the course requirements established by the State Board of Education
753-8 for career or college preparation program designations when
753-9 available;
753-10 (6) <(7)> the results of the Scholastic Assessment
753-11 Test (SAT) and the American College Test; and
753-12 (7) the number of students placed in an alternative
753-13 education program under Section 37.004
753-14 <(8) any other indicator the State Board of Education
753-15 adopts>.
753-16 (c) Performance on the indicators <indicator> under
753-17 Subsections <Subsection> (b)(1) and (4) shall be compared to state
753-18 standards, required improvement, and comparable improvement. The
753-19 state standard shall be established by the commissioner <of
753-20 education>. Required improvement is defined as the progress
753-21 necessary for the campus or district to meet state standards and
753-22 for its students to meet exit requirements as defined by the
753-23 commissioner <of education>. Comparable improvement is derived by
753-24 measuring campuses and districts against a profile developed from a
753-25 total state student performance data base that <which> exhibits
753-26 substantial equivalence to the characteristics of students served
753-27 by the campus or district, including <but not limited to> past
754-1 academic performance, socioeconomic status, ethnicity, and limited
754-2 English proficiency.
754-3 (d) <The State Board of Education shall report the status of
754-4 education in the state as reflected by the indicators to the
754-5 legislature not later than February 1 of each odd-numbered year.>
754-6 <(e)> Annually, the commissioner <of education> shall define
754-7 exemplary, recognized, and unacceptable performance for each
754-8 academic excellence indicator included under Subsections (b)(1)
754-9 through (5) <(6)> and shall project the standards for each of those
754-10 levels of performance for succeeding years.
754-11 (e) For the 1995-1996 and 1996-1997 school years, the
754-12 indicators adopted under this section must include the percentage
754-13 of graduating students who attain scores on the secondary
754-14 exit-level assessment instruments under Section 35.023(b), as that
754-15 section existed January 1, 1995, that are equivalent to a passing
754-16 score on the instrument required under Section 51.306. This
754-17 subsection expires January 1, 1998.
754-18 Sec. 39.052 <35.042>. Performance Report. (a) Each board
754-19 of trustees shall publish an annual report describing the
754-20 educational performance of the district and of each campus in the
754-21 district that includes uniform student performance and descriptive
754-22 information as determined under rules adopted by the commissioner
754-23 <of education>. The annual report must also include campus
754-24 performance objectives established under Section 12.203 <21.7532>
754-25 and the progress of each campus toward those objectives, which
754-26 shall be available to the public. The annual report must also
754-27 include the performance rating for the district as provided under
755-1 Section 39.072(a) <35.062(a)> and the performance rating of each
755-2 campus in the district as provided under Section 39.072(c)
755-3 <35.062(c)>. Supplemental information to be included in the
755-4 reports shall be determined by the <local> board of trustees.
755-5 Performance information in the annual reports on the indicators
755-6 established under Section 39.051 <35.041> and descriptive
755-7 information required by this section shall be provided by the
755-8 agency <Central Education Agency>.
755-9 (b) The board of trustees shall hold a hearing for public
755-10 discussion of the report. The board of trustees shall notify
755-11 property owners and parents in the district of the hearing. The
755-12 notification must include publication of conspicuous notice in a
755-13 newspaper of general circulation in the community and notification
755-14 to electronic media serving the community. After the hearing the
755-15 report shall be widely disseminated within the district in a manner
755-16 to be determined under rules adopted by the commissioner <of
755-17 education>.
755-18 (c) The report must also include a comparison provided by
755-19 the agency <Central Education Agency> of:
755-20 (1) the performance of each campus to its previous
755-21 performance and to state-established standards;
755-22 (2) the performance of each district to its previous
755-23 performance and to state-established standards; and
755-24 (3) the performance of each campus or district to
755-25 comparable improvement.
755-26 (d) The report may include the following information:
755-27 (1) student information, including total enrollment,
756-1 enrollment by ethnicity, economic status, and grade groupings and
756-2 retention rates;
756-3 (2) financial information, including revenues and
756-4 expenditures;
756-5 (3) staff information, including number and type of
756-6 staff by sex, ethnicity, years of experience, and highest degree
756-7 held, teacher and administrator salaries, and teacher turnover; and
756-8 (4) program information, including student enrollment
756-9 by program, teachers by program, and instructional operating
756-10 expenditures by program.
756-11 (e) The State Board of Education by rule shall authorize the
756-12 combination of this report with other reports and financial
756-13 statements and shall restrict the number and length of reports that
756-14 school districts, school district employees, and school campuses
756-15 are required to prepare.
756-16 (f) The report must include a statement of the amount, if
756-17 any, of the school district's unencumbered surplus fund balance as
756-18 of the last day of the preceding fiscal year and the percentage of
756-19 the preceding year's budget that the surplus represents.
756-20 Sec. 39.053 <35.043>. Campus Report Card. (a) Each school
756-21 year, the agency <Central Education Agency> shall prepare and
756-22 distribute to each school district a report card for each campus.
756-23 The campus report cards must be based on the most current data
756-24 available disaggregated by student groups. Campus performance must
756-25 be compared to previous campus and district performance, current
756-26 district performance, state established standards, and comparable
756-27 campus group performance.
757-1 (b) The report card shall include the following information
757-2 where applicable:
757-3 (1) student performance on state adopted assessment
757-4 instruments;
757-5 (2) attendance;
757-6 (3) dropout rate;
757-7 (4) student performance on college admissions tests;
757-8 (5) student/teacher ratios; and
757-9 (6) administrative and instructional costs per
757-10 student.
757-11 (c) The commissioner <of education> shall adopt rules for
757-12 requiring dissemination of campus report cards annually to the
757-13 parent of or person standing in parental relation to each student
757-14 at the campus. On written request, the school district shall
757-15 provide a copy of a campus report card to any other party.
757-16 Sec. 39.054 <35.044>. Uses of Performance Report. The
757-17 information required to be reported under Section 39.052 <35.042>
757-18 shall be:
757-19 (1) the subject of public hearings or meetings
757-20 required under Sections 12.201, 12.202 <21.930, 21.931>, and 39.052
757-21 <35.042>;
757-22 (2) a primary consideration in district and campus
757-23 planning; and
757-24 (3) a primary consideration of:
757-25 (A) the State Board of Education in the
757-26 evaluation of the performance of the commissioner <of education>;
757-27 (B) the commissioner <of education> in the
758-1 evaluation of the performance of the directors of the regional
758-2 education service centers;
758-3 (C) the board of trustees of a school district
758-4 in the evaluation of the performance of the superintendent of the
758-5 district; and
758-6 (D) the superintendent in the evaluation of the
758-7 performance of the district's campus principals.
758-8 Sec. 39.055 <21.926>. INFORMATION TO BE POSTED REGARDING
758-9 PERFORMANCE REPORT. (a) For the benefit of parents of school age
758-10 children, each school in a district shall post in a conspicuous
758-11 location in the main administration building accessible to the
758-12 <general> public a statement that the district's annual performance
758-13 report is available in the school library.
758-14 (b) Each school shall have available in its main office
758-15 copies of:
758-16 (1) the notice required to be posted under Subsection
758-17 (a) <of this section>; and
758-18 (2) a map of the school's attendance area.
758-19 (c) Each school shall have available in its library a copy
758-20 of:
758-21 (1) the annual performance report for the district
758-22 required by Section 39.052 <21.258 of this code>; and
758-23 (2) the district and campus plan required by Section
758-24 12.204 <21.938>.
758-25 (Sections 39.056-39.070 reserved for expansion
758-26 SUBCHAPTER D. PERFORMANCE STANDARDS FOR RETENTION OF CHARTER
758-27 <ACCREDITATION STATUS>
759-1 Sec. 39.071 <35.061>. SATISFACTORY PERFORMANCE
759-2 <ACCREDITATION> REQUIRED. To retain a charter issued under
759-3 Subchapter B, Chapter 11, a <Each> school district must demonstrate
759-4 satisfactory performance under this chapter <be accredited by the
759-5 Central Education Agency>.
759-6 Sec. 39.072 <35.062>. PERFORMANCE RATINGS <ACCREDITATION
759-7 STANDARDS>. (a) The State Board of Education shall adopt rules
759-8 <for the accreditation of school districts. The rules shall
759-9 include criteria> to evaluate the performance of school districts
759-10 and to assign to each district a <districts that are accredited and
759-11 that have a performance in one of the categories described below an
759-12 additional> performance rating as follows:
759-13 (1) exemplary (meets or exceeds state exemplary
759-14 standards);
759-15 (2) recognized (meets or exceeds required improvement
759-16 and within 10 percent of state exemplary standards);
759-17 (3) academically acceptable (meets or exceeds required
759-18 improvement but is not within 10 percent of state exemplary
759-19 standards; or
759-20 (4) academically unacceptable <(3) accredited warned>
759-21 (below the state clearly unacceptable performance standard and does
759-22 not meet required improvement).
759-23 (b) The academic excellence indicators adopted under
759-24 Sections 39.051(b)(1) through (5) <35.041(b)(1) through (6)> shall
759-25 be the main consideration of the agency <Central Education Agency>
759-26 in the rating of the district under this section. Additional
759-27 criteria in the <accreditation> rules may include consideration of:
760-1 (1) <goals and objectives of the district;>
760-2 <(2)> compliance with statutory requirements and
760-3 requirements imposed by rule of the State Board of Education under
760-4 specific statutory authority that relate to:
760-5 (A) reporting data through the Public Education
760-6 Information Management System (PEIMS);
760-7 (B) the high school graduation curriculum under
760-8 Section 28.001; or
760-9 (C) an item listed in Sections 7.104(e)(3)-(5),
760-10 (8), (9), (12), and (13);
760-11 <(3) the relation between the academic excellence
760-12 indicators adopted by the State Board of Education under Section
760-13 35.041 and the campus performance objectives established under
760-14 Section 21.7532, including the manner in which the campus
760-15 performance objectives were established and the progress of the
760-16 campus in meeting the objectives;>
760-17 <(4) the quality of learning on each of the district's
760-18 campuses based on indicators including scores on achievement tests;>
760-19 <(5) the quality of the district's appraisal of
760-20 teacher performance and of administrator performance;>
760-21 <(6) the effectiveness of the district's principals as
760-22 instructional leaders>;
760-23 <(7) the effectiveness of the district's campuses on
760-24 the basis of the most current criteria identified by research on
760-25 effective schools;>
760-26 (2) <(8)> the range <fulfillment> of the curriculum
760-27 offered by the district in comparison to a college preparatory
761-1 curriculum <requirements>; and
761-2 (3) <(9)> the effectiveness of the district's programs
761-3 in special education based on the agency's <Central Education
761-4 Agency's> most recent compliance review of the district and
761-5 programs for special populations<;>
761-6 <(10) the effectiveness of district and campus staff
761-7 development programs;>
761-8 <(11) the effective use of technology to enhance
761-9 student achievement;>
761-10 <(12) the effectiveness of the district's remedial and
761-11 support programs under Section 21.557 for students at risk of
761-12 dropping out of school;>
761-13 <(13) the effectiveness of the district's dropout
761-14 prevention and recovery programs;>
761-15 <(14) efficient allocation of available resources;>
761-16 <(15) the presence and quality of comprehensive and
761-17 developmental guidance and counseling programs on campuses;>
761-18 <(16) the quality and effectiveness of the district's
761-19 vocational education program; and>
761-20 <(17) the effectiveness of the board of trustees in
761-21 governing the district>.
761-22 (c) The agency <Central Education Agency> shall evaluate
761-23 against state standards and shall report the performance of each
761-24 campus in a district on the basis of the campus's performance on
761-25 the indicators adopted under Sections 39.051(b)(1) through (5)
761-26 <35.041(b)(1) through (6)>.
761-27 Sec. 39.073 <35.063>. EVALUATING PERFORMANCE <DETERMINING
762-1 ACCREDITATION STATUS>. (a) The agency <Central Education Agency>
762-2 shall annually review the performance of each district and campus
762-3 on the indicators adopted under Sections 39.051(b)(1) through (5)
762-4 <35.041(b)(1) through (6)> and determine if a change in the
762-5 performance rating <accreditation status> of the district is
762-6 warranted.
762-7 (b) Each annual review shall include an analysis of the
762-8 indicators under Sections 39.051(b)(1) through (5) <35.041(b)(1)
762-9 through (6)> to determine district and campus performance in
762-10 relation to:
762-11 (1) standards established for each indicator;
762-12 (2) required improvement as defined under Section
762-13 39.051(c) <35.041(c)>; and
762-14 (3) comparable improvement as defined by Section
762-15 39.051(c) <35.041(c)>.
762-16 (c) A district's performance rating <accreditation rating>
762-17 may be raised or lowered based on the district's performance or may
762-18 be lowered based on the unacceptable performance of one or more
762-19 campuses in the district.
762-20 (d) In compliance with Section 39.156 <21.925>, the State
762-21 Board of Education shall make optimum use of the agency's public
762-22 education information management system to minimize the written
762-23 reporting requirements of school districts.
762-24 (e) The <Beginning not later than the 1993-1994 school year,
762-25 the> commissioner <of education> shall notify a district that is
762-26 rated academically unacceptable that <accredited warned and> the
762-27 performance of the district or a campus in the district is below
763-1 each standard under Subsection (b). The commissioner <and> shall
763-2 require a <the> district that is rated academically unacceptable to
763-3 notify property owners and parents in the district of the <lowered
763-4 accreditation> rating and its implication.
763-5 Sec. 39.074 <35.064>. On-site Investigations. (a) The
763-6 commissioner <of education> may:
763-7 (1) direct the agency staff <Central Education Agency>
763-8 to conduct on-site investigations at any time to answer any
763-9 questions concerning a program, including special education,
763-10 required by federal law or for which the district receives federal
763-11 funds; and
763-12 (2) <may> raise or lower the performance
763-13 <accreditation> rating as a result of the investigation.
763-14 (b) The commissioner <of education> shall determine the
763-15 frequency of on-site investigations by the agency <Central
763-16 Education Agency> according to annual comprehensive analyses of
763-17 student performance and equity in relation to the academic
763-18 excellence indicators adopted under Section 39.051 <35.041>.
763-19 (c) In making an on-site <accreditation> investigation, the
763-20 investigators shall obtain information from administrators,
763-21 teachers, and parents of students enrolled in the district. The
763-22 investigation may not be closed until information is obtained from
763-23 each of those sources. The State Board of Education shall adopt
763-24 rules for:
763-25 (1) obtaining information from parents and using that
763-26 information in the investigator's report; and
763-27 (2) obtaining information from teachers in a manner
764-1 that prevents a campus or district from screening the information.
764-2 (d) The agency <Central Education Agency> shall give written
764-3 notice to the superintendent and the board of trustees of any
764-4 impending investigation of the district's performance rating
764-5 <accreditation>.
764-6 (e) If an annual review indicates low performance on one or
764-7 more of the indicators under Sections 39.051(b)(1) through (5)
764-8 <35.041(b)(1) through (6)> of one or more campuses in a district,
764-9 the commissioner may order the agency staff to <Central Education
764-10 Agency may> conduct an on-site evaluation of those campuses only.
764-11 (f) The investigators shall report orally and in writing to
764-12 the board of trustees of the district and, as appropriate, to
764-13 campus administrators and shall make recommendations concerning any
764-14 necessary improvements or sources of aid such as regional education
764-15 service centers.
764-16 Sec. 39.075 <35.065>. SPECIAL <ACCREDITATION>
764-17 INVESTIGATIONS. (a) The commissioner <of education> shall
764-18 authorize special <accreditation> investigations to be conducted
764-19 under the following circumstances:
764-20 (1) when excessive numbers of absences of students
764-21 eligible to be tested on state assessment instruments are
764-22 determined;
764-23 (2) when excessive numbers of allowable exemptions
764-24 from the required state assessment are determined;
764-25 (3) in response to complaints submitted to the agency
764-26 <Central Education Agency> with respect to <any of the following:>
764-27 <(A)> alleged violations of civil rights or
765-1 other requirements imposed on the state by federal law or court
765-2 order; <or>
765-3 <(B) alleged violations of the accreditation
765-4 criteria related to effective governance operations; or>
765-5 (4) in response to established compliance reviews of
765-6 the district's financial accounting practices and state and federal
765-7 program requirements; or
765-8 (5) when excessive numbers of student placements in
765-9 alternative education programs under Section 37.004 are determined.
765-10 (b) Based on the results of a special <accreditation>
765-11 investigation, the commissioner <of education> may lower the
765-12 district's performance <accreditation> rating and may take
765-13 appropriate action under Subchapter G.
765-14 Sec. 39.076 <35.066>. AGENCY ASSISTANCE. The agency
765-15 <Central Education Agency> shall refer a school district that has
765-16 <provide assistance to districts which have> been found to have
765-17 difficulty meeting performance <accreditation> standards to the
765-18 appropriate regional education service center or to another
765-19 provider for assistance in improving the district's performance.
765-20 (Sections 39.077-39.090 reserved for expansion
765-21 SUBCHAPTER E. SUCCESSFUL SCHOOLS AWARDS
765-22 Sec. 39.091 <35.081>. Creation of System. The Texas
765-23 Successful Schools Awards System is created to recognize and reward
765-24 those schools and school districts that demonstrate progress or
765-25 success in achieving the education goals of the state.
765-26 Sec. 39.092 <35.082>. Types of Awards. (a) The governor
765-27 may present a financial award to the schools or districts that the
766-1 commissioner <of education> determines have demonstrated the
766-2 highest levels of sustained success or the greatest improvement in
766-3 achieving the education goals. For each student in average daily
766-4 attendance, each of those schools or districts is entitled to an
766-5 amount set for the award for which the school or district is
766-6 selected by the commissioner <of education>, subject to any
766-7 limitation set by the commissioner on the total amount that may be
766-8 awarded to a school or district.
766-9 (b) The governor may present proclamations or certificates
766-10 to additional schools and districts determined to have met or
766-11 exceeded the education goals.
766-12 (c) The commissioner <of education> may establish additional
766-13 categories of awards and award amounts for a school or district
766-14 determined to be successful under Subsection (a) or (b) that are
766-15 contingent on the school's or district's involvement with paired,
766-16 lower-performing schools.
766-17 Sec. 39.093 <35.083>. Awards. (a) The criteria that
766-18 <which> the commissioner <of education> shall use to select
766-19 successful schools and districts shall be related to the goals
766-20 under <in> Section 4.001 <35.001> and shall include consideration
766-21 of performance on the academic excellence indicators adopted under
766-22 Section 39.051 <35.041>. For purposes of selecting schools and
766-23 districts under Section 39.092(a) <35.082(a)>, each school's
766-24 performance shall be compared to state standards and to its
766-25 previous performance.
766-26 (b) The commissioner <of education> shall select annually
766-27 schools and districts qualified to receive successful school awards
767-1 for their performance and report the selections to the governor and
767-2 the State Board of Education.
767-3 (c) The agency <Central Education Agency> shall notify each
767-4 school district of the manner in which the district or a school in
767-5 the district may qualify for a successful school award.
767-6 Sec. 39.094 <35.084>. Use of Awards. (a) In determining
767-7 the use of a monetary award received under this subchapter, a
767-8 school or district shall give priority to academic enhancement
767-9 purposes. The award may not be used for any purpose related to
767-10 athletics, and it may not be used to substitute for or replace
767-11 funds already in the regular budget for a school or district.
767-12 (b) The school committee established under Section 12.202
767-13 <21.931> shall determine the use of the funds awarded to a school
767-14 under this subchapter. The professional staff, as that term is
767-15 used in Section 12.201 <21.930>, shall determine the use of the
767-16 funds awarded to the school district under this subchapter.
767-17 Sec. 39.095 <35.085>. Funding. The award system may be
767-18 funded by donations, grants, or legislative appropriations. The
767-19 commissioner <of education> may solicit and receive grants and
767-20 donations for the purpose of making awards under this subchapter.
767-21 A small portion of the award funds may be used by the commissioner
767-22 <of education> to pay for the costs associated with sponsoring a
767-23 ceremony to recognize or present awards to schools or districts
767-24 under this subchapter. The donations, grants, or legislative
767-25 appropriations shall be accounted for and distributed by the agency
767-26 <Central Education Agency>. The awards are subject to audit
767-27 requirements established by the State Board of Education.
768-1 Sec. 39.096 <35.086>. Confidentiality. All information and
768-2 reports that are received by the commissioner <of education> under
768-3 this subchapter from schools or school districts and are deemed
768-4 confidential by the schools or districts <under the open records
768-5 law, Chapter 424, Acts of the 63rd Legislature, Regular Session,
768-6 1973 (Article 6252-17a, Vernon's Texas Civil Statutes),> are
768-7 confidential under Chapter 552, Government Code and may not be
768-8 disclosed in any public or private proceeding.
768-9 (Sections 39.097-39.110 reserved for expansion
768-10 SUBCHAPTER F. ADDITIONAL REWARDS
768-11 Sec. 39.111 <35.101>. Recognition and Rewards. The State
768-12 Board of Education shall develop a plan for recognizing and
768-13 rewarding school districts and campuses that are rated as exemplary
768-14 or recognized and for developing a network for sharing proven
768-15 successful practices statewide and regionally.
768-16 Sec. 39.112 <35.102>. Excellence Exemptions. (a) Except as
768-17 provided by Subsection (b), a school campus or district that is
768-18 rated exemplary is exempt from requirements and prohibitions
768-19 imposed under this code including rules adopted under this code.
768-20 (b) A school campus or district is not exempt under this
768-21 section from a prohibition on conduct that constitutes a criminal
768-22 offense. A school campus or district is not exempt under this
768-23 section from requirements imposed by federal law or rule including
768-24 requirements for special education or bilingual education programs.
768-25 Except as provided by Subsection (d), a school campus or district
768-26 is not exempt under this section from a requirement or prohibition
768-27 imposed by state law or rule relating to:
769-1 (1) the core curriculum, required curriculum, or high
769-2 school graduation curriculum under Section 28.001 <essential
769-3 elements, excluding the methodology used by a teacher and the time
769-4 spent by a teacher or a student on a particular task or subject>;
769-5 (2) public school accountability as provided by
769-6 Subchapter B;
769-7 (3) <restrictions on> extracurricular activities under
769-8 Section 33.081;
769-9 <(3) health and safety;>
769-10 (4) <competitive bidding;>
769-11 <(5) textbook selection;>
769-12 <(6)> elementary school class size limits, except as
769-13 provided by Subsection (d) or Section 25.112;
769-14 (5) <(7)> removal of a disruptive student from the
769-15 classroom under Subchapter A, Chapter 37;
769-16 (6) special education programs under Subchapter A,
769-17 Chapter 29;
769-18 (7) bilingual education programs under Subchapter B,
769-19 Chapter 29;
769-20 (8) <suspension or expulsion of a student;>
769-21 <(9)> at-risk programs under Subchapter C, Chapter 29;
769-22 (9) <(10)> prekindergarten programs under Subchapter
769-23 E, Chapter 29;
769-24 <(11) minimum graduation requirements; or>
769-25 (10) educator <(12) educational employee and
769-26 educational support employee> rights and benefits under Subchapter
769-27 A, F, G, H, J, K, or L, Chapter 21, or under Subchapter A, Chapter
770-1 22;
770-2 (11) health and safety under Chapter 38; or
770-3 (12) competitive bidding under Subchapter B, Chapter
770-4 44. <In this section, "educational support employee" means a
770-5 full-time or part-time school employee not defined as a "teacher"
770-6 by Section 21.201(1).>
770-7 (c) The agency <Central Education Agency> shall monitor and
770-8 evaluate deregulation of a school campus or district under this
770-9 section and Section 7.104 <11.273 and report annually on the effect
770-10 of deregulation on student achievement to the State Board of
770-11 Education, the Legislative Education Board, the governor, the
770-12 lieutenant governor, the speaker of the house of representatives,
770-13 and the legislature. The report must include a list of the
770-14 exemptions utilized and a review of the effectiveness of the
770-15 waivers and exemptions programs>.
770-16 (d) The commissioner <of education> may exempt an exemplary
770-17 school campus from elementary class size limits under this section
770-18 if the school campus submits to the commissioner a written plan
770-19 showing steps that will be taken to ensure that the exemption from
770-20 the class size limits will not be harmful to the academic
770-21 achievement of the students on the school campus. The commissioner
770-22 shall review achievement levels annually. The exemption remains in
770-23 effect until the commissioner determines that achievement levels of
770-24 the campus have declined.
770-25 (Sections 39.113-39.130 reserved for expansion
770-26 SUBCHAPTER G. <ACCREDITATION> SANCTIONS FOR UNACCEPTABLE
770-27 PERFORMANCE
771-1 Sec. 39.131 <35.121>. Sanctions. (a) If a district does
771-2 not satisfy the performance <accreditation> criteria adopted under
771-3 Section 39.072, the commissioner <of education> shall take any of
771-4 the following actions, listed in order of severity, to the extent
771-5 the commissioner determines necessary:
771-6 (1) issue public notice of the deficiency to the board
771-7 of trustees;
771-8 (2) order a hearing conducted by the board of trustees
771-9 of the district for the purpose of notifying the public of the
771-10 unacceptable performance, the improvements in performance expected
771-11 by the agency <Central Education Agency>, and the sanctions that
771-12 may be imposed under this section if the performance does not
771-13 improve;
771-14 (3) order the preparation of a student achievement
771-15 improvement plan that addresses each academic excellence indicator
771-16 for which the district's performance is unacceptable, the
771-17 submission of the plan to the commissioner <of education> for
771-18 approval, and implementation of the plan;
771-19 (4) order a hearing to be held before the commissioner
771-20 <of education> or the commissioner's designee at which the
771-21 president of the board of trustees of the district and the
771-22 superintendent shall appear and explain the district's low
771-23 performance, lack of improvement, and plans for improvement;
771-24 (5) arrange an on-site investigation of the district;
771-25 (6) appoint an agency monitor to participate in and
771-26 report to the agency on the activities of the board of trustees or
771-27 the superintendent;
772-1 (7) appoint a master to oversee the operations of the
772-2 district;
772-3 (8) appoint a management team to direct the operations
772-4 of the district in areas of unacceptable performance or require the
772-5 district to obtain certain services under a contract with another
772-6 person;
772-7 (9) if a district has been rated as academically
772-8 unacceptable <accredited warned> for a period of one year or more,
772-9 appoint a board of managers composed of residents of the district
772-10 to exercise the powers and duties of the board of trustees; or
772-11 (10) if a district has been rated as academically
772-12 unacceptable <accredited warned> for a period of two years or more,
772-13 revoke the district's charter and annex the district to one or more
772-14 adjoining districts under Section 13.058 <19.027>.
772-15 (b) If a campus performance is below any standard under
772-16 Section 39.073(b) and the campus does not demonstrate adequate
772-17 improvement under Section 39.051(c) <35.063(b)>, the campus is
772-18 considered a low-performing campus and the commissioner <of
772-19 education> may take any of the following actions, listed in order
772-20 of severity, to the extent the commissioner determines necessary:
772-21 (1) issue public notice of the deficiency to the board
772-22 of trustees;
772-23 (2) order a hearing conducted by the board of trustees
772-24 at the campus for the purpose of notifying the public of the
772-25 unacceptable performance, the improvements in performance expected
772-26 by the agency <Central Education Agency>, and the sanctions that
772-27 may be imposed under this section if the performance does not
773-1 improve within a designated period <of time> and of soliciting
773-2 public comment on the initial steps being taken to improve
773-3 performance;
773-4 (3) order the preparation of a student achievement
773-5 improvement plan that addresses each academic excellence indicator
773-6 for which the campus's performance is unacceptable, the submission
773-7 of the plan to the commissioner <of education> for approval, and
773-8 implementation of the plan;
773-9 (4) order a hearing to be held before the commissioner
773-10 <of education> or the commissioner's designee at which the
773-11 president of the board of trustees, the superintendent, and the
773-12 campus principal shall appear and explain the campus's low
773-13 performance, lack of improvement, and plans for improvement;
773-14 (5) appoint a special campus intervention team to:
773-15 (A) conduct a comprehensive on-site evaluation
773-16 of each low-performing campus to determine the cause for the
773-17 campus's low performance and lack of progress;
773-18 (B) recommend actions, including reallocation of
773-19 resources and technical assistance, changes in school procedures or
773-20 operations, staff development for instructional and administrative
773-21 staff, intervention for individual administrators or teachers,
773-22 waivers from state statute or rule, or other actions the team
773-23 considers appropriate;
773-24 (C) assist in the development of a campus plan
773-25 for student achievement; and
773-26 (D) assist the commissioner <of education> in
773-27 monitoring the progress of the campus in implementing the campus
774-1 plan for improvement of student achievement;
774-2 (6) if a campus has been a low-performing campus for a
774-3 period of one year or more, appoint a board of managers composed of
774-4 residents of the district to exercise the powers and duties of the
774-5 board of trustees of the district in relation to the campus or
774-6 require the district to enter a contract for management of the
774-7 campus by another person; or
774-8 (7) if a campus has been a low-performing campus for a
774-9 period of two years or more, order closure of the school program on
774-10 the campus.
774-11 (c) The commissioner <of education> shall review annually
774-12 the performance of a district or campus subject to this section to
774-13 determine the appropriate actions to be implemented under this
774-14 section. The commissioner must review at least annually the
774-15 performance of a district for which the performance <accreditation>
774-16 rating has been lowered due to unacceptable student performance and
774-17 may not raise the rating until the district has demonstrated
774-18 improved student performance. If the review reveals a lack of
774-19 improvement, the commissioner shall increase the level of state
774-20 intervention and sanction unless the commissioner finds good cause
774-21 for maintaining the current status. <At the beginning of the
774-22 1993-1994 school year, the Central Education Agency shall rate any
774-23 district with clearly unacceptable performance as accredited warned
774-24 and the commissioner of education shall begin appropriate
774-25 intervention in the district. The commissioner of education shall
774-26 report annually to the governor, lieutenant governor, and the
774-27 speaker of the house of representatives on districts or campuses
775-1 subject to this section the actions taken by the commissioner to
775-2 improve student performance and the results of those actions.>
775-3 (d) The costs of providing a monitor, master, management
775-4 team, or special campus intervention team shall be paid by the
775-5 district.
775-6 (e) A master or management team appointed to oversee the
775-7 operations of the district shall prepare a plan for the
775-8 implementation of action under Subsection (a)(9) or (10) and may:
775-9 (1) direct an action to be taken by the principal of a
775-10 campus, the superintendent of the district, or the board of
775-11 trustees of the district; or
775-12 (2) approve or disapprove any action of the principal
775-13 of a campus, the superintendent of the district, or the board of
775-14 trustees of the district.
775-15 (f) A special campus intervention team appointed under this
775-16 section may consist of teachers, principals, other educational
775-17 professionals, and superintendents recognized for excellence in
775-18 their roles and appointed by the commissioner <of education> to
775-19 serve as members of a team.
775-20 (g) If the commissioner <of education> appoints a board of
775-21 managers to govern a district, the powers of the board of trustees
775-22 of the district are suspended for the period of the appointment and
775-23 the commissioner shall appoint a district superintendent.
775-24 Notwithstanding any other provision of this code, the board of
775-25 managers may amend the budget of the district.
775-26 (h) If the commissioner <of education> appoints a board of
775-27 managers to govern a campus, the powers of the board of trustees of
776-1 the district in relation to the campus are suspended for the period
776-2 of the appointment and the commissioner shall appoint a campus
776-3 principal. Notwithstanding any other provision of this code, the
776-4 board of managers may submit to the commissioner for approval
776-5 amendments to the budget of the district for the benefit of the
776-6 campus. If the commissioner approves the amendments, the board of
776-7 trustees of the district shall adopt the amendments.
776-8 (Sections 39.132-39.150 reserved for expansion
776-9 SUBCHAPTER H. REPORTS TO TEXAS EDUCATION AGENCY
776-10 Sec. 39.151. PURPOSE. To help the state meet its
776-11 responsibility in overseeing the expenditure of public funds for
776-12 public education and to provide the legislature with adequate
776-13 information by which to enact equitable laws governing the public
776-14 education system, each public school campus and school district
776-15 shall report to the agency any data or information requested by the
776-16 agency and approved by the data review panel established under
776-17 Section 39.152.
776-18 Sec. 39.152. DATA REVIEW PANEL. (a) The data review panel
776-19 is composed of 21 members. Fifteen voting members are appointed by
776-20 the State Board of Education as follows:
776-21 (1) five representatives of school districts;
776-22 (2) two representatives of public school campuses;
776-23 (3) three representatives of regional education
776-24 service centers;
776-25 (4) one representative of an institution of higher
776-26 education; and
776-27 (5) four public members.
777-1 (b) The agency and the comptroller shall each appoint a
777-2 representative to serve as a voting member of the panel.
777-3 (c) The Legislative Budget Board, the state auditor, and the
777-4 standing committees of the house and senate with primary
777-5 jurisdiction over the public school system shall each appoint a
777-6 representative of the entity's staff as a nonvoting member of the
777-7 panel.
777-8 (d) Members of the data review panel serve two-year terms
777-9 expiring February 1 of each odd-numbered year.
777-10 (e) The voting members shall select a chair and vice chair
777-11 from among the voting members. The data review panel shall meet at
777-12 least quarterly.
777-13 (f) Members of the data review panel serve without
777-14 compensation, but may be reimbursed for expenses incurred in
777-15 serving on the panel from funds appropriated for agency advisory
777-16 committees as provided by Section 7.107.
777-17 (g) The Legislative Budget Board, comptroller, state
777-18 auditor, agency, and other state agencies and officers shall
777-19 cooperate with the panel in carrying out its duties under Section
777-20 39.153.
777-21 Sec. 39.153. POWERS AND DUTIES OF DATA REVIEW PANEL. (a)
777-22 The data review panel shall:
777-23 (1) on a biennial basis, review and approve all
777-24 current information collections required of school districts and
777-25 campuses, including the individual data elements that comprise the
777-26 Public Education Information Management System (PEIMS);
777-27 (2) eliminate each data element or reporting
778-1 requirement that is not directly attributable to state or federal
778-2 statute;
778-3 (3) identify those data elements that may be collected
778-4 using statistically valid sampling techniques or through periodic
778-5 statewide collection;
778-6 (4) develop and implement a process for approving the
778-7 collection of new information;
778-8 (5) recommend to the State Board of Education and the
778-9 commissioner the repeal or amendment of rules that address data
778-10 collections; and
778-11 (6) adopt policies that promote the accuracy,
778-12 usefulness, and timeliness of information related to financial
778-13 operations, instructional programs, and student demographic and
778-14 academic performance.
778-15 (b) Each new data element or reporting requirement must be
778-16 field-tested for at least one year to determine the accuracy,
778-17 usefulness, and cost to school districts associated with collecting
778-18 and reporting the information.
778-19 Sec. 39.154. ACCESSIBILITY OF INFORMATION. (a) Except when
778-20 individual privacy may be compromised, all data collected by the
778-21 agency shall be easily accessible to school district boards of
778-22 trustees, school district and campus personnel, and the public to
778-23 assist in studying the effectiveness of school district and campus
778-24 operations and to compare expenditures, programs, and student
778-25 performance with other comparable districts and campuses throughout
778-26 the state.
778-27 (b) Consistent with Section 39.030(b), both current and
779-1 longitudinal data regarding a student's performance on assessment
779-2 instruments administered under Subchapter B shall be available to
779-3 designated personnel employed by the school district or campus in
779-4 which the student is enrolled.
779-5 (c) Not later than September 1, 1996, the agency, with
779-6 assistance from the data review panel, shall submit to the
779-7 legislature a plan to implement Subsection (b). The plan must
779-8 include a schedule for implementation as well as estimates of
779-9 associated costs to the state and to school districts and campuses.
779-10 This subsection expires January 1, 1997.
779-11 Sec. 39.155. PAPERWORK REDUCTION COMMISSION. (a) Not later
779-12 than December 31, 1995, the commissioner shall appoint a commission
779-13 to review the number, type, and subject matter of reports required
779-14 of teachers, counselors, and principals by:
779-15 (1) school districts;
779-16 (2) regional education service centers;
779-17 (3) the agency; and
779-18 (4) federal statutes or regulations.
779-19 (b) The paperwork reduction commission shall submit a report
779-20 to the commissioner not later than August 1, 1997. The report must
779-21 suggest reports described by Subsection (a) that should be
779-22 eliminated, modified, or consolidated.
779-23 (c) Members of the paperwork reduction commission serve
779-24 without compensation, but may be reimbursed for expenses incurred
779-25 in serving on the panel from funds appropriated for agency advisory
779-26 committees as provided by Section 7.107.
779-27 (d) The paperwork reduction commission is abolished and this
780-1 section expires September 1, 1997.
780-2 Sec. 39.156 <21.925>. Restricting Written Reports. (a) The
780-3 State Board of Education shall adopt rules that provide for
780-4 simplifying and reducing the number and length of written reports
780-5 that the agency <Central Education Agency> requires from school
780-6 districts and school district employees. The rules must require
780-7 that reports be submitted through the regional education service
780-8 centers.
780-9 (b) <The board shall conduct a comprehensive review of its
780-10 rules implementing Section 21.101 to reduce the number and length
780-11 of reports required from school districts and school district
780-12 employees.> The agency, through electronic means, shall provide
780-13 models to school districts of <lesson plans, curriculum guides, and
780-14 other required> reports that comply with agency reporting
780-15 requirements.
780-16 (c) The board shall conduct a comprehensive review of
780-17 current cost-accounting requirements to determine the specific
780-18 level of detail required in electronic accounting reports to
780-19 simplify the reporting system.
780-20 (d) <As part of its biennial report to the legislature, the
780-21 board shall include a statement of the total number and length of
780-22 reports that it requires school districts and school district
780-23 employees to prepare and of its efforts to reduce overall reporting
780-24 requirements. The board shall identify for the legislature those
780-25 reports required by federal law or rule, those reports specifically
780-26 required by state law, and those reports required by agency rule.>
780-27 <(e)> The board of trustees of each school district shall
781-1 adopt policies to limit the number and length of written reports
781-2 that classroom teachers are required to prepare. Classroom
781-3 teachers may not be required to prepare written reports other than
781-4 the following:
781-5 (1) reports of students' grades on particular
781-6 assignments or examinations;
781-7 (2) reports of students' grades at the end of each
781-8 grade reporting period;
781-9 (3) textbook reports;
781-10 (4) unit or weekly lesson plan reports that outline,
781-11 in a brief and general manner, the information to be presented
781-12 during each period at the secondary level or in each subject or
781-13 topic at the elementary level;
781-14 (5) attendance reports;
781-15 (6) any other report or paperwork specifically
781-16 required by law or State Board of Education rule to be prepared by
781-17 teachers; or
781-18 (7) reports required for accountability
781-19 <accreditation> review.
781-20 Sec. 39.157 <21.251>. Teachers' Records and Reports.
781-21 (a) Each teacher in the public <free> schools <of this state>
781-22 shall keep records <a daily register> showing the names, ages,
781-23 courses of study, and attendance records of all students whom
781-24 <pupils which> the teacher is instructing.
781-25 (b) As provided by 20 U.S.C. Section 1232g, the records <The
781-26 register> shall be open to the inspection of all parents, school
781-27 officers, and all other persons who may be interested.
782-1 (c) <(d)> Each teacher shall, at the end of the school term,
782-2 make <such> reports <as may be> prescribed by the State Board of
782-3 Education. Until those <such> reports are made, the trustees may
782-4 <shall> not approve a voucher for the last month of the teacher's
782-5 salary and<, nor shall> the <county> treasurer may not pay the
782-6 salary <same>.
782-7 Sec. 39.158 <21.252>. REPORTS TO STATE BOARD OF EDUCATION.
782-8 (a) The State Board of Education and the commissioner shall
782-9 require of <judges acting as ex-officio county superintendents of
782-10 public schools, of county, city, and town superintendents, of
782-11 county and city treasurers and depositories, and of treasurers and
782-12 depositories of school boards, and of other> school officers and
782-13 employees those <teachers, such> school reports relating to <the>
782-14 school funds <fund> and to other school affairs as the board
782-15 considers necessary <it may deem proper> for collecting information
782-16 and advancing the interests of the public schools, subject to
782-17 approval by the data review panel under Section 39.153, and shall
782-18 furnish <the county, city, and town superintendents, treasurers,
782-19 and depositories, and other school officers and teachers for the
782-20 use of such teachers and officers> the necessary blanks and forms
782-21 for that purpose <making such reports and carrying out such
782-22 instructions as may be required of them>.
782-23 (b) The person responsible for paying the monthly salary of
782-24 a school officer or employee shall withhold the salary on receiving
782-25 notification from the commissioner that the officer or employee has
782-26 refused or failed to make a report the officer or employee is
782-27 required to make under Subsection (a). The commissioner may not
783-1 send the notification until at least two written requests have been
783-2 made for the information and until the 30th day after the date the
783-3 first request was made. The salary withheld shall be paid as soon
783-4 as practicable after the person responsible for paying the salary
783-5 receives notice from the commissioner that the delinquent officer
783-6 or employee has furnished the information required.
783-7 (c) The person responsible for paying the salary of a school
783-8 officer or employee who fails to withhold the salary as required by
783-9 Subsection (b) commits an offense. An offense under this
783-10 subsection is a misdemeanor punishable by a fine of not less than
783-11 $50 or more than $500.
783-12 Sec. 39.159 <11.204>. Student Retention Information.
783-13 <(a)> The agency <Central Education Agency> shall <develop a
783-14 system to> collect data from school districts through the Public
783-15 Education Information Management System (PEIMS) relating to grade
783-16 level retention of students. <This system shall be drawn, as much
783-17 as possible, from existing school district data and in a format
783-18 that requires the least amount of additional cost and paperwork to
783-19 the district.>
783-20 <(b) The system must collect data regarding each student who
783-21 is:>
783-22 <(1) retained;>
783-23 <(2) recommended for retention but not retained; or>
783-24 <(3) recommended for advancement, or advanced, from
783-25 kindergarten to a transitional kindergarten or transitional first
783-26 grade rather than a regular first-grade class.>
783-27 <(c) The data for each student shall include:>
784-1 <(1) the student's grade level, age, sex, and ethnic
784-2 origin;>
784-3 <(2) the grounds for the recommendation, the
784-4 retention, or the advancement to a transitional kindergarten or
784-5 transitional first grade; and>
784-6 <(3) the number of times, and the grade levels at
784-7 which, the child has previously been retained.>
784-8 <(d) Not later than January 31 of each odd-numbered year the
784-9 agency shall submit a report summarizing the data collected under
784-10 this section to the governor, lieutenant governor, and speaker of
784-11 the house of representatives.>
784-12 <Sec. 21.261. SCHOOL DISTRICT RECORDS. The preservation,
784-13 microfilming, destruction, or other disposition of the records of
784-14 school districts is subject to the requirements of Subtitle C,
784-15 Title 6, Local Government Code, and rules adopted under that
784-16 subtitle.>
784-17 (Sections 39.160-39.180 reserved for expansion
784-18 SUBCHAPTER I. REPORTS BY TEXAS EDUCATION AGENCY
784-19 Sec. 39.181. GENERAL REQUIREMENTS. (a) Each report
784-20 required by this subchapter shall:
784-21 (1) unless otherwise specified, contain summary
784-22 information and analysis only, with an indication that the agency
784-23 will provide the data underlying the report on request;
784-24 (2) specify a person at the agency who may be
784-25 contacted for additional information regarding the report and
784-26 provide the person's telephone number; and
784-27 (3) identify other sources of related information,
785-1 indicating the level of detail and format of information that may
785-2 be obtained, including the availability of any information on the
785-3 Texas Education Network.
785-4 (b) Each component of a report required by this subchapter
785-5 shall:
785-6 (1) identify the substantive goal underlying the
785-7 information required to be reported;
785-8 (2) analyze the progress made and longitudinal trends
785-9 in achieving the underlying substantive goal;
785-10 (3) offer recommendations for improved progress in
785-11 achieving the underlying substantive goal; and
785-12 (4) identify the relationship of the information
785-13 required to be reported to state education goals.
785-14 (c) Unless otherwise provided, each report required by this
785-15 subchapter is due not later than December 1 of each even-numbered
785-16 year.
785-17 (d) Subsections (a) and (b) apply to any report required by
785-18 statute that the agency must prepare and deliver to the governor,
785-19 lieutenant governor, speaker of the house of representatives, or
785-20 legislature.
785-21 (e) Unless otherwise provided by law, any report required by
785-22 statute that the agency must prepare and deliver to the governor,
785-23 lieutenant governor, speaker of the house of representatives, or
785-24 legislature may be combined, at the discretion of the commissioner,
785-25 with a report required by this subchapter.
785-26 Sec. 39.182. COMPREHENSIVE BIENNIAL REPORT. (a) The agency
785-27 shall prepare and deliver to the governor, the lieutenant governor,
786-1 the speaker of the house of representatives, each member of the
786-2 legislature, the Legislative Budget Board, and the clerks of the
786-3 standing committees of the senate and house of representatives with
786-4 primary jurisdiction over the public school system a comprehensive
786-5 report covering the preceding two school years and containing:
786-6 (1) an evaluation of the achievements of the state
786-7 educational program in relation to the statutory goals for the
786-8 public education system under Section 4.001;
786-9 (2) an evaluation of the status of education in the
786-10 state as reflected by the academic excellence indicators adopted
786-11 under Section 39.051;
786-12 (3) a summary compilation of overall student
786-13 performance on academic skills assessment instruments required by
786-14 Section 39.023, aggregated by grade level, subject area, campus,
786-15 and district, with appropriate interpretations and analysis;
786-16 (4) an evaluation of the correlation between student
786-17 grades and student performance on academic skills assessment
786-18 instruments required by Section 39.023;
786-19 (5) a statement of the dropout rate of students in
786-20 grade levels 7 through 12, expressed in the aggregate and by grade
786-21 level;
786-22 (6) a statement of the projected cross-sectional and
786-23 longitudinal dropout rates for grade levels 7 through 12 for the
786-24 next five years, assuming no state action is taken to reduce the
786-25 dropout rate;
786-26 (7) a description of a systematic plan for reducing
786-27 the projected cross-sectional and longitudinal dropout rates to
787-1 five percent or less for the 1997-1998 school year;
787-2 (8) a summary of the information required by Section
787-3 39.159 regarding grade level retention of students;
787-4 (9) a list of each school district or campus that does
787-5 not satisfy performance standards, with an explanation of the
787-6 actions taken by the commissioner to improve student performance in
787-7 the district or campus and an evaluation of the results of those
787-8 actions;
787-9 (10) an evaluation of the status of the curriculum
787-10 taught in public schools, with recommendations for legislative
787-11 changes necessary to improve or modify the curriculum required by
787-12 Section 28.001;
787-13 (11) a description of all funds received by and each
787-14 activity and expenditure of the agency;
787-15 (12) a summary and analysis of the compliance of
787-16 school districts with administrative cost ratios set by the
787-17 commissioner under Section 42.201, including any improvements and
787-18 cost savings achieved by school districts;
787-19 (13) any additional information considered important
787-20 by the commissioner or the State Board of Education; and
787-21 (14) a statement of the total number and length of
787-22 reports that school districts and school district employees must
787-23 submit to the agency, identifying which reports are required by
787-24 federal statute or rule, state statute, or agency rule, and a
787-25 summary of the agency's efforts to reduce overall reporting
787-26 requirements.
787-27 (b) In reporting the information required by Subsection
788-1 (a)(3), the agency may separately aggregate the performance data of
788-2 students enrolled in a special education program under Subchapter
788-3 A, Chapter 29, or a bilingual education or special language program
788-4 under Subchapter B, Chapter 29.
788-5 (c) Each report must contain the most recent data available.
788-6 Sec. 39.183. REGIONAL AND DISTRICT LEVEL REPORT. The agency
788-7 shall prepare and deliver to the governor, the lieutenant governor,
788-8 the speaker of the house of representatives, each member of the
788-9 legislature, the Legislative Budget Board, and the clerks of the
788-10 standing committees of the senate and house of representatives with
788-11 primary jurisdiction over the public school system a regional and
788-12 district level report covering the preceding two school years and
788-13 containing:
788-14 (1) a summary of the reports received from school
788-15 districts under Section 12.201 that analyzes district trends in
788-16 involving professional staff in determining educational goals and
788-17 objectives and major district-wide classroom instructional
788-18 programs;
788-19 (2) a summary of school district compliance with the
788-20 student/teacher ratios and class-size limitations prescribed by
788-21 Sections 25.111 and 25.112, including the number of districts
788-22 granted an exception from Section 25.112;
788-23 (3) a summary of the exemptions and waivers granted to
788-24 school districts under Section 7.104 or 39.112 and a review of the
788-25 effectiveness of each campus or district following deregulation;
788-26 and
788-27 (4) a summary of the services offered by regional
789-1 education service centers with an evaluation of the effectiveness
789-2 of those services.
789-3 Sec. 39.184. TECHNOLOGY REPORT. The agency shall prepare
789-4 and deliver to the governor, the lieutenant governor, the speaker
789-5 of the house of representatives, each member of the legislature,
789-6 the Legislative Budget Board, and the clerks of the standing
789-7 committees of the senate and house of representatives with primary
789-8 jurisdiction over the public school system a technology report
789-9 covering the preceding two school years and containing information
789-10 on the status of the implementation of and revisions to the
789-11 long-range technology plan required by Section 32.001, including
789-12 the equity of the distribution and use of technology in public
789-13 schools.
789-14 Sec. 39.185. INTERIM REPORT. Not later than December 1 of
789-15 each odd-numbered year, the agency shall prepare and deliver to the
789-16 governor, the lieutenant governor, the speaker of the house of
789-17 representatives, each member of the legislature, the Legislative
789-18 Budget Board, and the clerks of the standing committees of the
789-19 senate and house of representatives with primary jurisdiction over
789-20 the public school system an interim report containing, for the
789-21 previous school year, the information required by:
789-22 (1) Sections 39.182(a)(2), (3), (5), (6), (7), (9),
789-23 and (11); and
789-24 (2) Sections 39.183(1) and (3).
789-25 Sec. 39.186. PUBLIC SCHOOL SCHOLARSHIP PROGRAM REPORT. Not
789-26 later than January 1 of each year, the commissioner shall report to
789-27 the legislature on the results of the public education scholarship
790-1 program under Subchapter G, Chapter 29. The first report under
790-2 this section is due not later than January 1, 1997. This section
790-3 expires February 1, 2000.
790-4 (Chapter 40 reserved for expansion
790-5 SUBTITLE K. SCHOOL FINANCE AND FISCAL MANAGEMENT
790-6 CHAPTER 43 <15>. PERMANENT SCHOOL FUND
790-7 AND AVAILABLE SCHOOL FUND <STATE FUNDS FOR THE
790-8 SUPPORT OF PUBLIC SCHOOLS>
790-9 Sec. 43.001 <15.01>. COMPOSITION OF PERMANENT SCHOOL FUND
790-10 AND AVAILABLE SCHOOL FUND <THE PUBLIC SCHOOL FUNDS>. (a) The
790-11 permanent school fund, which is <shall constitute> a perpetual
790-12 endowment for the public <free> schools of this state, consists
790-13 <shall consist> of:
790-14 (1) all land appropriated for the public schools by
790-15 the constitution and laws of this state <Texas>;
790-16 (2) all of the unappropriated public domain remaining
790-17 in this state <Texas>, including all land recovered by the state by
790-18 suit or otherwise except pine forest land as defined by <in>
790-19 Section 88.111 <12, Article 2613, Revised Civil Statutes of Texas,
790-20 1925, as amended>;
790-21 (3) all proceeds from the authorized sale of permanent
790-22 school fund land<, or any portion thereof, surveyed or unsurveyed>;
790-23 (4) all proceeds from the lawful sale of any other
790-24 properties belonging to the permanent school fund;
790-25 (5) all investments authorized by <(authorized in>
790-26 Section 43.003 <15.02 of this code)> of properties belonging to the
790-27 permanent school fund; and
791-1 (6) all income from the mineral development of <land
791-2 constituting the> permanent school fund land, including income from
791-3 mineral development of riverbeds and other submerged land.
791-4 (b) The available school fund, which shall be apportioned
791-5 annually to each county <the several counties of Texas> according
791-6 to its <the> scholastic population, consists <of each, shall
791-7 consist> of:
791-8 (1) the interest and dividends arising from any
791-9 securities or funds belonging to the permanent school fund;
791-10 (2) all interest derivable from the proceeds of the
791-11 sale of land set apart for the permanent school fund;
791-12 (3) all money derived from the lease of land belonging
791-13 to the permanent school fund;
791-14 (4) <all revenue collected by the state from an annual
791-15 state ad valorem tax of an amount not to exceed 35 cents on the
791-16 $100 valuation, exclusive of delinquencies and cost of collection;>
791-17 <(5)> one-fourth of all revenue derived from all state
791-18 occupation taxes, exclusive of delinquencies and cost of
791-19 collection;
791-20 (5) <(6)> one-fourth of revenue derived from state
791-21 gasoline and special fuels excise taxes as provided by law; and
791-22 (6) <(7)> all other appropriations to the available
791-23 school fund <as made or may be> made by the legislature for public
791-24 <free> school purposes.
791-25 (c) The term "scholastic population" in Subsection (b) or
791-26 any other law <of this section, and when and wherever found in the
791-27 several laws> governing the apportionment, distribution, and
792-1 transfer of the <state> available school fund means all students of
792-2 <, is hereby defined to mean and include all pupils within>
792-3 scholastic age enrolled in average daily attendance the <next>
792-4 preceding school <scholastic> year in the public elementary and
792-5 high school grades of school districts within or under the
792-6 jurisdiction of a county of this state. <The basis provided herein
792-7 for the apportionment, distribution, and transfers of the state
792-8 available school fund shall be applicable to such fund to be
792-9 apportioned for the year beginning September 1, 1969, and annually
792-10 thereafter.>
792-11 Sec. 43.002 <15.011>. Transfers From General Revenue Fund to
792-12 Available Fund. Of the amounts available for transfer from the
792-13 general revenue fund to the available school fund for the months of
792-14 January and February of each fiscal year, no more than the <an>
792-15 amount necessary to enable the comptroller to distribute from the
792-16 available school fund an amount equal to 9 1/2 percent of the
792-17 estimated annual available school fund apportionment to category 1
792-18 school districts, as defined by Section 42.259 <in Section 16.260,
792-19 Education Code>, and 3 1/2 percent of the estimated annual
792-20 available school fund apportionment to category 2 school districts,
792-21 as defined by Section 42.259, may <in Section 16.260, Education
792-22 Code, shall> be transferred from the general revenue fund to the
792-23 available school fund. Any remaining amount that would otherwise
792-24 be available for transfer for the months of January and February
792-25 shall be transferred from the general revenue fund to the available
792-26 school fund in equal amounts in June and in August of the same
792-27 fiscal year.
793-1 Sec. 43.003 <15.02>. Investment of Permanent School Fund.
793-2 In compliance with <provisions of> this section, the State Board of
793-3 Education may <is authorized and empowered to> invest the permanent
793-4 school fund in the types of securities, which must be carefully
793-5 examined by the State Board of Education and be found to be safe
793-6 and proper investments for the fund as specified below:
793-7 (1) securities, bonds, or other obligations issued,
793-8 insured, or guaranteed in any manner by the United States
793-9 Government or any of its agencies<;> and in bonds issued by this
793-10 state <the State of Texas>;
793-11 (2) obligations and pledges of The University of
793-12 Texas;
793-13 (3) corporate bonds, debentures, or obligations<,> of
793-14 United States corporations of at least "A" rating;
793-15 (4) obligations of United States corporations that
793-16 mature in less than one year and are of the highest rating
793-17 available at the time of investment;
793-18 (5) bonds issued, assumed, or guaranteed by the
793-19 Inter-American Development Bank, the International Bank of
793-20 Reconstruction and Development (the World Bank), the African
793-21 Development Bank, the Asian Development Bank, and the International
793-22 Finance Corporation;
793-23 (6) bonds of counties, school districts,
793-24 municipalities <incorporated cities or towns>, road precincts,
793-25 drainage, irrigation, navigation, and levee districts in this
793-26 state, subject to <Texas, under> the following requirements <rules
793-27 and regulations>:
794-1 (A) the <such> securities, before <prior to
794-2 their> purchase, must have been diligently investigated by the
794-3 attorney general <of Texas> both as to <their> form and as to
794-4 <their> legal compliance with applicable laws;
794-5 (B) the attorney general's certificate of
794-6 validity procured by the party offering the <such> bonds,
794-7 obligations, or pledges must accompany the <these> securities when
794-8 they are submitted for registration to the <state> comptroller, who
794-9 must preserve the certificates;
794-10 (C) the <these> public securities, if purchased,
794-11 and when certified and registered as specified under Paragraph (B)
794-12 <above>, are <shall be> incontestable unless issued fraudulently or
794-13 in violation of a constitutional limitation, and the certificates
794-14 of the attorney general are <shall be> prima facie evidence of the
794-15 validity of the bonds and bond coupons <thereto>; and
794-16 (D) after the issuing political subdivision <of
794-17 Texas> has received the proceeds from the sales of the <such
794-18 public> securities, the issuing agency is <shall be> estopped to
794-19 deny their validity, and the securities are <same shall be held to
794-20 be> valid and binding obligations;
794-21 (7) preferred stocks and common stocks that <as to>
794-22 the State Board of Education considers <may deem to be> proper
794-23 investments for the permanent school fund, subject to <under> the
794-24 following requirements <rules and regulations>:
794-25 (A) in making all of those <such> investments,
794-26 the State Board of Education shall exercise the judgment and care
794-27 under the circumstances then prevailing that persons <which men> of
795-1 ordinary prudence, discretion, and intelligence exercise in the
795-2 management of their own affairs, not in regard to speculation but
795-3 in regard to the permanent disposition of their funds, considering
795-4 the probable income <therefrom> as well as the probable safety of
795-5 their capital;
795-6 (B) the company issuing the stock must be
795-7 <stocks eligible for purchase are restricted to stocks of
795-8 companies> incorporated in <within> the United States, and the
795-9 stocks must <which> have paid dividends for five consecutive years
795-10 or longer immediately before <prior to> the date of purchase and
795-11 the stocks <which>, except for bank stocks and insurance stocks,
795-12 must be <are> listed on <upon> an exchange registered with the
795-13 Securities and Exchange Commission or its successors; and
795-14 (C) not more than one percent of the permanent
795-15 school fund may be invested in stock issued by one corporation and
795-16 not <nor shall> more than five percent of the voting stock of any
795-17 one corporation will be owned;
795-18 <(D) at the discretion of the State Board of
795-19 Education, corporate securities of the permanent school fund may be
795-20 sold and the proceeds reinvested for the fund under the terms of
795-21 this code;> and
795-22 (8) notwithstanding any other law or provision of
795-23 <provisions in> this code, first lien real estate mortgage
795-24 securities insured by the Federal Housing Administration under the
795-25 National Housing Act of the United States, <as amended from time to
795-26 time,> or in any other first lien real estate mortgage securities
795-27 guaranteed in whole or in part by the United States <Government or
796-1 any agency thereof>.
796-2 Sec. 43.004 <15.021>. WRITTEN INVESTMENT OBJECTIVES;
796-3 PERFORMANCE EVALUATION. (a) The State Board of Education shall
796-4 develop written investment objectives concerning the investment of
796-5 the permanent school fund. The objectives may address desired
796-6 rates of return, risks involved, investment time frames, and any
796-7 other relevant considerations.
796-8 (b) The board shall employ a well-recognized performance
796-9 measurement service to evaluate and analyze the investment results
796-10 of the permanent school fund. The service shall compare investment
796-11 results with the written investment objectives developed by the
796-12 board, and shall also compare the investment of the permanent
796-13 school fund with the investment of other public and private funds.
796-14 Sec. 43.005 <15.025>. External Investment Managers. The
796-15 State Board of Education may contract with private professional
796-16 investment managers to assist the board in making investments of
796-17 the permanent school fund.
796-18 Sec. 43.006 <15.03>. Purchase and Sale or Exchange of
796-19 Securities. (a) The State Board of Education may authorize the
796-20 purchase of all of the types of securities in which it is
796-21 authorized by law to invest the permanent school fund in either
796-22 registered or negotiable form. The board <; and it> may authorize
796-23 the reissue of those <such> securities held at any time for the
796-24 account of the permanent school fund in either registered or
796-25 negotiable form. The State Board of Education may authorize the
796-26 sale of any of the securities held for the account of the permanent
796-27 school fund and reinvest the proceeds of sale for the fund<;> and
797-1 <it> may authorize the exchange of any of the securities held for
797-2 the account of the permanent school fund.
797-3 (b) In making <each and all of such> purchases, sales,
797-4 exchanges, and reissues, the State Board of Education shall
797-5 exercise the judgment and care under the circumstances then
797-6 prevailing that persons <which men> of ordinary prudence,
797-7 discretion, and intelligence exercise in the management of their
797-8 own affairs not in regard to speculation but in regard to the
797-9 permanent disposition of their funds, considering the probable
797-10 income <therefrom> as well as the probable safety of their capital.
797-11 (c) When any securities are sold, reissued, or exchanged as
797-12 provided by <in> Subsection (a) <of this section>, the custodian of
797-13 the <such> securities shall deliver <make delivery of> the
797-14 securities sold, reissued, or exchanged in accordance with the
797-15 directions of the State Board of Education.
797-16 Sec. 43.007 <15.04>. Treatment of Premium and Discount.
797-17 (a) If the State Board of Education authorizes the payment of a
797-18 premium out of the permanent school fund for purchasing <in the
797-19 purchase of> any bond, obligation, or pledge as an investment for
797-20 that fund, <then> the principal of the <such> securities and an
797-21 amount of the interest first accruing from the securities <thereon>
797-22 equal to the premium <so> paid shall be treated as principal in the
797-23 <such> investment, and when the first interest is collected, the
797-24 amount of the premium shall be returned to the permanent school
797-25 fund.
797-26 (b) If the State Board of Education authorizes the purchase
797-27 of a public security at less than par, the discount received in the
798-1 purchase shall be paid to the available school fund when the bonds,
798-2 obligations, or pledges are paid off and discharged.
798-3 Sec. 43.008 <15.05>. Prepayment of Certain Bonds Held by the
798-4 Permanent School Fund. (a) The State Board of Education may
798-5 authorize the governing body of any <school district or> political
798-6 subdivision in this state <Texas> to pay off and discharge, at any
798-7 interest paying date whether the bonds are matured or not, all or
798-8 any part of any outstanding bond indebtedness <now> owned <or
798-9 hereafter to be owned> by the permanent school fund, as provided by
798-10 <under the rules and regulations of> this section.
798-11 (b) The governing body of a <the respective> political
798-12 subdivision desiring to pay off and discharge any <such> bonded
798-13 indebtedness owned by the fund shall apply <make such desire known
798-14 by direct application> in writing to the State Board of Education,
798-15 not later than the 30th day <at least 30 days> before any interest
798-16 paying date on the bonds, describing the bonds or part of the bonds
798-17 <thereof> it desires to pay off and discharge. The application
798-18 must <shall> be accompanied by an affidavit stating that only
798-19 <such> tax money <as may be> collected from a <by virtue of> tax
798-20 levy made for the specific purpose of providing a sinking fund and
798-21 paying interest on the particular bonds to be redeemed will <shall>
798-22 be spent <expended> in redeeming <the redemption>, taking up, or
798-23 paying off the bonds.
798-24 (c) The State Board of Education, on receiving the <upon
798-25 receipt of such> application and affidavit, shall take action on
798-26 them in the <such> manner <as> it considers <may deem> best and
798-27 shall notify the applicant whether the application is refused or
799-1 granted in whole or in part.
799-2 (d) A <It shall be unlawful for any> person who has a <on
799-3 whom any> duty under <rests in carrying out the provisions of> this
799-4 section may not <to> give or receive any commission, premium, or
799-5 compensation for the performance of that <such> duty.
799-6 (e) Only <such> tax money <as had been> collected from <by
799-7 virtue of> tax levies made for the specific purpose of providing a
799-8 sinking fund and paying interest on the particular bonds to be
799-9 redeemed may <shall> be spent in redeeming <expended in the
799-10 redemption>, taking up, or paying off of <such> bonds as provided
799-11 by <in> this section, unless the <such> bonds are being redeemed
799-12 for the purpose of being refunded.
799-13 Sec. 43.009 <15.06>. Default of School District Securities
799-14 Held by the Permanent School Fund. (a) If interest or <and/or>
799-15 principal has not been paid for two years or more on any bonds
799-16 issued by any school district <(city controlled or otherwise)> and
799-17 held by the permanent school fund, the State Board of Education
799-18 <shall have the authority described in this section.>
799-19 <(b) The State Board of Education> may:
799-20 (1) compel the <any such school> district to levy a
799-21 tax sufficient to meet the interest and principal payments <as>
799-22 then or later due; or
799-23 (2) if the<.>
799-24 <(c) If any such> district furnishes to the State Board of
799-25 Education satisfactory proof that the district's <its> taxing
799-26 ability is insufficient, <the State Board of Education may> require
799-27 the district to:
800-1 (A) exhaust all legal remedies in collecting
800-2 delinquent taxes; <then delinquent,> and
800-3 (B) <to> levy a tax at the maximum lawful rate
800-4 on the bona fide valuation of taxable property located in the
800-5 district.
800-6 (b) <(d)> Revenue collected by either method specified by
800-7 Subsection (a) <in Subsections (b) and (c) of this section> shall
800-8 be distributed proportionately to all owners of the defaulted
800-9 securities <and shall be> in compliance with the following <rules>:
800-10 (1) the <The> proportionate share for each owner is
800-11 <will be> based on the interest and principal requirements of the
800-12 original security before authorized refunding; and
800-13 (2) prior <Prior> acceptance of refunding securities
800-14 does <will> not reduce an owner's proportionate share.
800-15 (c) <(e)> As long as any <such> school district is
800-16 delinquent in its payments of principal or <and/or> interest on any
800-17 of its bonds owned by the permanent school fund, the State Board of
800-18 Education shall have the authority to specify the method of
800-19 crediting payments to the state made by the district as to
800-20 principal and interest.
800-21 (d) <(f)> The comptroller may <of public accounts shall> not
800-22 issue any warrant from the foundation school fund to or for the
800-23 benefit of any district that <which> has been for as long as two
800-24 years in default in the payment of principal or interest on any
800-25 security owned by the permanent school fund <unless and> until the
800-26 State Board of Education certifies that the district has
800-27 satisfactorily complied with the appropriate provisions of this
801-1 section, in which event the comptroller shall resume making
801-2 payments to or for the benefit of the district, including the
801-3 making of pretermitted payments.
801-4 Sec. 43.010 <15.07>. AUTHORIZED REFUNDING OF DEFAULTED
801-5 SCHOOL BONDS. (a) In compliance with <the provisions of> this
801-6 section, the State Board of Education, may <is authorized to>
801-7 revise, readjust, modify, refinance, or refund defaulted bonds
801-8 issued by any school district in this state <Texas> and owned by
801-9 either the permanent school fund or the available school fund.
801-10 (b) Application must be made to the State Board of Education
801-11 by the district that <which> issued the bonds and must show that:
801-12 (1) delinquent interest totals at least 50 percent of
801-13 the principal amount of the bonds; and
801-14 (2) taxable valuation has decreased to such an extent
801-15 that a full application of the proceeds of the voted authorized tax
801-16 authorized to be levied on the $100 taxable property valuation will
801-17 not meet interest and principal annually maturing on the bonds.
801-18 (c) The State Board of Education may effect a refunding of
801-19 the debt due and to become due only if the board finds that:
801-20 (1) the district is unable to pay the sums already
801-21 matured and the sums contracted to be paid as they mature by paying
801-22 annually to the State Board of Education the full proceeds of a
801-23 50-cent tax levy on the $100 of all taxable valuation of property
801-24 in <within> the district;
801-25 (2) the taxable valuation of property in the district
801-26 has decreased at least 75 percent since the bonds were issued and
801-27 that the decrease was not caused by the district or any of its
802-1 officials;
802-2 (3) the district for a period of at least five years
802-3 before applying to the State Board of Education for refunding has
802-4 levied a tax of 50 cents on the $100 of taxable valuation of
802-5 property in the district, and that despite such levies, the
802-6 aggregate amount due the State Board of Education exceeds the
802-7 aggregate amount due at the beginning of the period;
802-8 (4) the district has not authorized and sold <no>
802-9 additional bonds <of the district have been authorized and sold>
802-10 during the five-year period immediately preceding the application;
802-11 and
802-12 (5) the district has in good faith endeavored to pay
802-13 its debt in accordance with the contract evidenced by the bonds
802-14 held for the account of the permanent school fund or the available
802-15 school fund.
802-16 (d) If the conditions specified by <in> Subsection (c) <of
802-17 this section> are found to exist, the district is <shall>, for
802-18 <the> purposes of this section, <be deemed to be> insolvent, and
802-19 the State Board of Education may exchange the bonds, interest
802-20 coupons, and other evidences of indebtedness for new refunding
802-21 bonds of the district issued in compliance with the following
802-22 <regulations>:
802-23 (1) the <The> principal amount of the refunding bonds
802-24 may <shall> not be less than the total amount of the bonds, matured
802-25 interest coupons, accrued interest, and interest on delinquent
802-26 interest then actually due to the permanent school fund or <and/or>
802-27 the available school fund; and
803-1 (2) the <The> rate of interest to be borne by the
803-2 refunding bonds may be lower than that borne by the bonds to be
803-3 refunded if in consideration of the interest reduction the district
803-4 agrees to levy a tax each year for a period of 40 years at a rate
803-5 sufficient to produce annually a sum equal to 90 percent of the
803-6 amount that can be calculated by the levy of a tax at the rate of
803-7 50 cents on the $100 of taxable valuation of property as determined
803-8 by the latest approved tax roll of the district, and in determining
803-9 the rate of interest to be borne by the refunding bonds, the State
803-10 Board of Education shall be governed by the following:
803-11 (A) the <The> State Board of Education may <is
803-12 authorized to> require the rate to be a <such> percent per annum as
803-13 in its judgment will represent the maximum rate that can be paid by
803-14 the district and still permit an orderly and certain retirement of
803-15 the refunding bonds within 40 years from their date;
803-16 (B) the <The> interest rate of refunding bonds
803-17 to be received in exchange for bonds owned by the permanent school
803-18 fund may <shall> not be less than the minimum rate at which bonds
803-19 may then be purchased as investments for the permanent school fund;
803-20 and
803-21 (C) the <The> rate of interest of refunding
803-22 bonds to be received in exchange for bonds owned by the available
803-23 school fund may be set by the State Board of Education at any rate
803-24 the board considers <which it deems> feasible, and the <such>
803-25 refunding bonds may, at the discretion of the State Board of
803-26 Education, be made non-interest bearing to a <such> date <as may
803-27 be> fixed by the board.
804-1 (e) The State Board of Education may not make a <No>
804-2 revision, readjustment, modification, refinancing, or refunding
804-3 <shall be made by the State Board of Education> that will release
804-4 or extinguish any debt or obligation then due and payable to the
804-5 permanent school fund or to the available school fund.
804-6 (f) Except as otherwise provided or permitted by this
804-7 section, the refunding of the bonds of school districts <herein>
804-8 authorized by this section must <shall> be in compliance with the
804-9 general provisions with regard to the refunding of school district
804-10 bonds <as specified in this code>.
804-11 Sec. 43.011 <15.08>. Refunding Other Defaulted Obligations.
804-12 (a) Defaulted obligations, <(>other than bonds of school districts
804-13 as provided by Section 43.010, <in Section 15.07 of this code)> due
804-14 the available school fund may be refinanced or refunded with the
804-15 approval of the State Board of Education in compliance with <the
804-16 provisions of> this section.
804-17 (b) In this section, "defaulted obligations" includes
804-18 <"Defaulted obligations," as used herein, shall include> delinquent
804-19 interest whether represented by coupons or not, interest on
804-20 delinquent interest, and any other form of obligation due the
804-21 available school fund.
804-22 (c) The obligor must apply <make application> to the State
804-23 Board of Education and show:
804-24 (1) that the obligations due the available school fund
804-25 have been in default in whole or in part for a continuous period of
804-26 at least 15 years; and
804-27 (2) that the obligor is not in default in the payment
805-1 of the principal of any bonds owned by the permanent school fund.
805-2 (d) If the State Board of Education finds that the
805-3 <above-specified> requirements provided by Subsection (c) have been
805-4 met, it may approve a refinancing or the issuance of refunding
805-5 bonds on the conditions:
805-6 (1) that the refunding bonds must mature serially in
805-7 not exceeding 40 years from the date of issuance;
805-8 (2) that the principal amount of the refunding bonds
805-9 may <shall> be not less than the total amount of the obligations
805-10 then in default and due the available school fund; and
805-11 (3) that the refunding bonds must <shall> bear
805-12 interest at a <such> rate or rates <as may be> determined by the
805-13 State Board of Education to be for the best interest of the
805-14 available school fund.
805-15 (e) The State Board of Education may <in its discretion is
805-16 authorized to> accept refunding bonds in lieu of either matured or
805-17 unmatured bonds held for the benefit of the permanent school fund
805-18 if<, provided that> the rate of interest on the new refunding bonds
805-19 is at least the same rate as that of the bonds being refunded.
805-20 (f) Refunding bonds issued with the approval or pursuant a
805-21 refunding agreement with the State Board of Education in compliance
805-22 with either this section or Section 43.010 <15.07> shall, on the
805-23 order of the State Board of Education, be exchanged by the state
805-24 treasurer for the defaulted obligations they have been issued to
805-25 refund.
805-26 Sec. 43.012 <15.09>. Jurisdiction. The district courts of
805-27 Travis County <shall> have jurisdiction of any suit on bonds or
806-1 obligations belonging to the permanent school fund, or purchased
806-2 therewith, concurrent with that of any other court having
806-3 jurisdiction in the <said> case.
806-4 Sec. 43.013 <15.10>. DUTIES OF <THE STATE> COMPTROLLER <OF
806-5 PUBLIC ACCOUNTS>. (a) On or before July 1 of each year, the
806-6 comptroller <of public accounts> shall estimate the amount of the
806-7 available school fund receivable from every source during the
806-8 following school <coming scholastic> year and report the <this>
806-9 estimate to the State Board of Education.
806-10 (b) On or before the meeting of each regular session of the
806-11 legislature, the comptroller <of public accounts> shall report to
806-12 the legislature an estimate of the amount of the available school
806-13 fund that is to be received for the following <succeeding> two
806-14 years, and the <several> sources from which that amount <the same>
806-15 accrues, and that is <which may be> subject to appropriation for
806-16 the establishment and support of public schools.
806-17 (c) On or before the first working day of each month, the
806-18 comptroller shall certify to the <state> commissioner <of
806-19 education> the total amount of money collected from every source
806-20 during the preceding month and on hand to the credit of the
806-21 available school fund.
806-22 (d) On receipt of certificates issued to the comptroller
806-23 <him> by the commissioner <of education>, the comptroller shall
806-24 draw <his> warrants on the state treasurer and in favor of the
806-25 treasurer <(depository)> of the available school fund of each
806-26 school district for the amounts stated in the certificates. All
806-27 such warrants shall be registered and transmitted to the state
807-1 treasurer.
807-2 Sec. 43.014 <15.11>. Duties of <THE> State Treasurer. (a)
807-3 Not later than the 30th day, <At least 30 days> before the first
807-4 day of each regular session of the legislature and not later than
807-5 the 10th day <10 days> before the first day of any special session
807-6 at which there can be legislation respecting the public schools,
807-7 the state treasurer shall report to the governor the condition of
807-8 the permanent school fund and the available school fund, the amount
807-9 of each fund, and the manner of its disbursement.
807-10 (b) The treasurer shall provide the State Board of Education
807-11 with the reports specified by <in> Subsection (a) <of this
807-12 section,> and with <such> additional reports concerning <as to>
807-13 those funds requested by <which> the State Board of Education <may
807-14 request>.
807-15 (c) The treasurer shall ensure <see to it> that no portion
807-16 of either the permanent school fund or the available school fund is
807-17 used to pay any warrant drawn against any other fund.
807-18 (d) The treasurer shall receive and hold in a special
807-19 deposit and <keep> account for all properties belonging to the
807-20 available school fund. All warrants drawn on that <this> fund by
807-21 the comptroller <of public accounts> pursuant to a certificate of
807-22 the <state> commissioner <of education> must be registered by the
807-23 state treasurer and then transmitted to the commissioner, <of
807-24 education;> and when properly endorsed shall be paid by the
807-25 treasurer in the order of their presentation.
807-26 (e) On order of the State Board of Education, the treasurer
807-27 shall exchange or accept refunding bonds in lieu of:
808-1 (1) either matured or unmatured bonds held for the
808-2 benefit of the permanent school fund, which are being refunded
808-3 under <the terms of> this chapter;
808-4 (2) defaulted obligations held for the benefit of the
808-5 available school fund if<, provided that> the refunding bonds are
808-6 issued in compliance with Section 43.011 <15.08 of this code>;
808-7 (3) defaulted obligations of any school district of
808-8 this state <Texas> held for the benefit of the permanent school
808-9 fund or the available school fund if<, provided> the refunding
808-10 bonds are issued in compliance with Section 43.010 <15.07 of this
808-11 code>; or
808-12 (4) refunding bonds of any school district of this
808-13 state <Texas> for school bonds not matured held by the state
808-14 treasurer for the permanent school fund if the<, when such> new
808-15 refunding bonds are issued by the school district in compliance
808-16 with this code.
808-17 (f) The state treasurer shall be the custodian of all
808-18 securities enumerated in Section 43.003(6) <Subdivision (5) of
808-19 Subsection (a) of Section 15.02 of this code> and of <such> other
808-20 securities as <may be> designated <from time to time> by the State
808-21 Board of Education in which the school funds of the state are <have
808-22 been or may hereafter be> invested. The treasurer<, and> shall
808-23 keep those <these> securities in the treasurer's <his> custody
808-24 until paid off, discharged, delivered as required by the State
808-25 Board of Education, or otherwise disposed of by the proper
808-26 authorities of the state, and on the proper installment of any
808-27 interest or dividend, shall see that the proper credit is given,
809-1 and the coupons on bonds, when paid, shall be <properly> separated
809-2 from the bonds <therefrom> and cancelled by the treasurer.
809-3 Sec. 43.015<15.12>. Use of Available School Fund.
809-4 <(a)> All available <public> school funds <of Texas> shall be
809-5 appropriated in each county for the education of its children.
809-6 <(b) No part of the permanent school fund or the available
809-7 school fund shall be appropriated or used for the support of any
809-8 sectarian school.>
809-9 Sec. 43.016 <15.13>. Use of Commercial Banks as Agents for
809-10 Collection of Income from Permanent School Fund Investments.
809-11 (a) The State Board of Education may <is authorized and empowered
809-12 to> contract with one or more <a> commercial <bank or> banks to
809-13 receive payments of dividends and interest on securities in which
809-14 the state permanent school funds are invested and <to> transmit
809-15 that <such> money with identification of its <their> source to the
809-16 state treasurer for the account of the available school fund by the
809-17 fastest available means.
809-18 (b) In choosing each commercial bank <or banks> with which
809-19 to contract as authorized by <in> Subsection (a) <of this section>,
809-20 the State Board of Education shall assure itself of:
809-21 (1) the financial stability of the <such commercial>
809-22 bank;
809-23 (2) the location of the <such commercial> bank with
809-24 respect to its proximity to the banks on <upon> which checks are
809-25 drawn in payment of dividends and interest on securities of the
809-26 permanent school fund;
809-27 (3) the experience and reliability of the <such
810-1 commercial> bank in acting as agent for others in the similar
810-2 collection and expeditious remittance of money; and
810-3 (4) the reasonableness of the <such commercial> bank's
810-4 charges for the <such> services, both in amount of the <such>
810-5 charges and in relation to the increased investment earnings of the
810-6 available school fund that <which> will result from speedier
810-7 receipt by the state treasurer of the <such> money.
810-8 Sec. 43.017 <15.14>. Participation in Fully Secured
810-9 Securities Loan Programs. (a) The State Board of Education may
810-10 <is authorized and empowered to> contract with a commercial bank
810-11 <or banks> to serve both as a custodian of securities in which the
810-12 state permanent school funds are invested and to lend those <these>
810-13 securities, under the conditions prescribed by <set out in>
810-14 Subsection (b) <of this section>, to securities brokers and dealers
810-15 on short-term loan.
810-16 (b) The State Board of Education may contract with a
810-17 commercial bank <or banks> pursuant to this section only if <in
810-18 accordance with the following requirements>:
810-19 (1) the bank is <shall be> located in a city having a
810-20 major stock exchange;
810-21 (2) the bank is <shall be> experienced in the
810-22 operation of a fully secured securities loan program;
810-23 (3) the bank has <shall have> adequate capital in the
810-24 prudent judgment of the State Board of Education to assure the
810-25 safety of the securities entrusted to it as a custodian;
810-26 (4) the bank will <shall> require of any securities
810-27 broker or dealer to which it lends securities owned by the state
811-1 permanent school fund that the <such> broker or dealer deliver to
811-2 it cash collateral for the <such> loan of securities, and that the
811-3 <which> cash collateral will <shall> at all times be not less than
811-4 100 percent of the market value<, from time to time,> of the <such>
811-5 securities lent;
811-6 (5) the bank executes <shall execute> an
811-7 indemnification agreement, satisfactory in form and content to the
811-8 State Board of Education, fully indemnifying the permanent and
811-9 available school funds against loss resulting from the bank's
811-10 service as custodian of securities of the permanent school fund and
811-11 its operation of a securities loan program using securities of the
811-12 permanent school fund;
811-13 (6) the bank will <shall> speedily collect and remit
811-14 on the day of collection by the fastest available means to the
811-15 state treasurer any dividends and interest collectible by it on
811-16 securities held by it as custodian, together with identification as
811-17 to the source of the dividends or interest; and
811-18 (7) the bank is <or banks chosen shall be> the bank
811-19 <or banks> agreeing to pay to the available school fund the largest
811-20 sum or highest percentage of the income derived by the bank <it>
811-21 from use of the securities of the permanent school fund in the
811-22 operation of a securities loan program.
811-23 Sec. 43.018 <15.15>. Accounting Treatment of Certain
811-24 Exchanges. The State Board of Education may account for the
811-25 exchange of permanent school fund securities in a closely related
811-26 sale and purchase transaction in a manner in which the gain or loss
811-27 on the sale is deferred as an adjustment to the book value of the
812-1 security purchased, if:
812-2 (1) the security sold and the security purchased have
812-3 a fixed maturity value;
812-4 (2) the board is authorized by law to invest the
812-5 permanent school fund in the security purchased;
812-6 (3) the sale is made in clear contemplation of
812-7 reinvesting substantially all of the proceeds;
812-8 (4) substantially all of the proceeds are reinvested;
812-9 (5) the transaction is completed within a reasonable
812-10 time after the sale, not to exceed 30 business days; and
812-11 (6) the transaction results in an improvement in
812-12 effective income yield, taking into consideration the deferral of
812-13 any gain or loss on the sale.
812-14 CHAPTER 44. FISCAL MANAGEMENT
812-15 SUBCHAPTER A. SCHOOL DISTRICT FISCAL MANAGEMENT
812-16 Sec. 44.001. DEFINITION. In this subchapter, "designated
812-17 unreserved fund balance" has the meaning assigned by
812-18 Fund Balances of Texas Public Schools, published September 10,
812-19 1992, by the Central Education Agency.
812-20 Sec. 44.002. FISCAL GUIDELINES. (a) The commissioner shall
812-21 establish advisory guidelines relating to the fiscal management of
812-22 a school district.
812-23 (b) The commissioner shall report annually to the State
812-24 Board of Education the status of school district fiscal management
812-25 as reflected by the advisory guidelines and by statutory
812-26 requirements, including the administrative cost provisions of
812-27 Section 42.201.
813-1 <Sec. 23.41. BUDGET OFFICER. The president of the board of
813-2 trustees of each independent school district whether created by
813-3 general or special law shall be the budget officer for the district
813-4 and, as such, shall have the duties prescribed in this subchapter.>
813-5 Sec. 44.003 <23.42>. Preparation of Budget. (a) On or
813-6 before a date set by the State Board of Education, the
813-7 superintendent <president> shall prepare, or cause to be prepared,
813-8 a proposed budget covering all estimated revenue and proposed
813-9 expenditures of the district for the next succeeding fiscal year.
813-10 (b) The budget must be prepared according to generally
813-11 accepted accounting principles and to the rules <and regulations>
813-12 established by the State Board of Education.
813-13 <Sec. 23.43. DEPUTY BUDGET OFFICER. To assist him in the
813-14 professional and technical phases of budget preparation, the
813-15 president of the board of trustees shall designate as deputy budget
813-16 officer the business manager, if any, of the district, or the
813-17 superintendent of schools; and if the district has no
813-18 superintendent, the chief administrative employee of the district
813-19 shall be designated as deputy budget officer.>
813-20 Sec. 44.004 <23.44>. Records and Reports. The
813-21 superintendent <president of the board of trustees> shall ensure
813-22 <see to it> that records are kept and that copies of all budgets,
813-23 all forms, and all other reports are filed on behalf of the school
813-24 district at the proper times and in the proper offices as required
813-25 by <subsequent sections of> this code <subchapter>.
813-26 Sec. 44.005 <23.45>. Budget Meeting; Budget Adoption.
813-27 (a) When the budget has been prepared under Section 44.003, the
814-1 president shall call a meeting of the board of trustees, <giving 10
814-2 days public notice and> stating that the purpose of the meeting is
814-3 the adoption of a budget for the succeeding fiscal year.
814-4 (b) The president shall provide for the publication of
814-5 notice of the meeting in a daily, weekly, or biweekly newspaper
814-6 published in the district. If no daily, weekly, or biweekly
814-7 newspaper is published in the district, the president shall provide
814-8 for the publication of notice in at least one newspaper of general
814-9 circulation in the county in which the district's central
814-10 administrative office is located. Notice published under this
814-11 subsection is in addition to notice required by other law. Notice
814-12 under this subsection shall be published not earlier than the 30th
814-13 day or later than the 10th day before the date of the hearing. A
814-14 district may include the notice required under this subsection in a
814-15 notice required under Section 26.06, Tax Code.
814-16 (c) The <It shall be the duty of the> board of trustees, at
814-17 the meeting called for that purpose, shall <to> adopt a budget to
814-18 cover all expenditures for the <independent> school district for
814-19 the next succeeding fiscal year. Any taxpayer of the district may
814-20 be present and participate in the hearing.
814-21 (d) <(c)> The budget must be adopted before the adoption of
814-22 the tax rate for the tax year in which the fiscal year covered by
814-23 the budget begins.
814-24 (e) If the budget provides for the transfer of funds that
814-25 were included in the district's designated unreserved fund balance
814-26 for the preceding fiscal year to another fund balance, the transfer
814-27 must be reported according to rules adopted by the commissioner.
815-1 <Sec. 21.938. SPECIAL NOTICE BY PUBLICATION FOR BUDGET
815-2 HEARING. (a) A school board shall publish notice before a public
815-3 hearing relating to a budget in a daily, weekly, or biweekly
815-4 newspaper published in the district. If no daily, weekly, or
815-5 biweekly newspaper is published in the district, the board shall
815-6 publish notice in at least one newspaper of general circulation in
815-7 the county in which the board is located.>
815-8 <(b) Notice published under this section is in addition to
815-9 notice required by other law. Notice under this section shall be
815-10 published not earlier than the 30th or later than the 10th day
815-11 before the date of the hearing.>
815-12 <(c) This section does not apply to a school board required
815-13 by other law to give notice by publication of a hearing on a
815-14 budget.>
815-15 Sec. 44.006 <23.46>. Filing of Adopted Budget. On or before
815-16 a date set by the State Board of Education, the budget must be
815-17 filed with the agency <Central Education Agency> according to the
815-18 rules <and regulations> established by the State Board of
815-19 Education.
815-20 Sec. 44.007 <23.47>. Effect of Adopted Budget; Amendments.
815-21 (a) Public <No public> funds of the <independent> school district
815-22 may not <shall> be spent <expended> in any manner other than as
815-23 provided for in the budget adopted by the board of trustees, but
815-24 the board may <shall have the authority to> amend a budget or <to>
815-25 adopt a supplementary emergency budget to cover necessary
815-26 unforeseen expenses.
815-27 (b) Any amendment or supplementary budget must be prepared
816-1 and filed according to rules adopted by the State Board of
816-2 Education.
816-3 (c) If an amendment or supplementary budget provides for the
816-4 transfer of funds that were included in the district's designated
816-5 unreserved fund balance to another fund balance, the transfer must
816-6 be reported according to rules adopted by the commissioner.
816-7 Sec. 44.008 <23.48>. Accounting System; Report. (a) A
816-8 standard school fiscal accounting system must be adopted and
816-9 installed by the board of trustees of each school district. The
816-10 accounting system must conform with generally accepted accounting
816-11 principles.
816-12 (b) The accounting system must meet at least the minimum
816-13 requirements prescribed by the State Board of Education, subject to
816-14 review and comment by the state auditor.
816-15 (c) A record <Record> must be kept of all revenues realized
816-16 and of all expenditures made during the fiscal year for which a
816-17 budget is adopted. A report of the revenues and expenditures for
816-18 the preceding fiscal year shall be filed with the agency on or
816-19 before the date set by the State Board of Education <Central
816-20 Education Agency at the time the budget for the current fiscal
816-21 year is filed>.
816-22 (d) The State Board of Education shall require each
816-23 district, as part of the report required by this section, to
816-24 include management, cost accounting, and financial information in a
816-25 format <form> prescribed by the board and in a manner sufficient to
816-26 enable the board to monitor the funding process and determine
816-27 educational system costs by district, campus, and program. <The
817-1 board shall make every effort to see that this information replaces
817-2 current information being reported and does not become an
817-3 additional reporting burden.>
817-4 Sec. 44.009 <21.256>. Annual Audit; Report. (a) The board
817-5 of school trustees of each <and every> school district <of the
817-6 state, whether created under general or special law,> shall have
817-7 its school district fiscal accounts audited annually at district
817-8 expense by a <Texas> certified or public accountant holding a
817-9 permit from the Texas State Board of Public Accountancy. The <Such
817-10 annual> audit must <shall> be completed following the close of each
817-11 <such> fiscal year.
817-12 (b) The <Such> independent audit must <shall> meet at least
817-13 the minimum requirements and be in the format <as shall be, and in
817-14 such form as may be> prescribed by the State Board of Education,
817-15 subject to review and comment by the state auditor. The audit
817-16 shall include an audit of the accuracy of the fiscal information
817-17 provided by the district through the Public Education Information
817-18 Management System (PEIMS).
817-19 (c) Each treasurer <(depository)> receiving or having
817-20 control of any school fund of any school district shall keep a full
817-21 and separate itemized account with each of the different classes of
817-22 its school funds coming into the treasurer's <his> hands. The <;
817-23 provided further, the> treasurer's records of the district's
817-24 itemized accounts and records shall be made available to audit.
817-25 (d) A copy of the annual audit report, approved by the board
817-26 of <school> trustees, shall be filed by the district with the
817-27 agency not later than the 120th day after the end <Central
818-1 Education Agency within 120 days of the close> of the fiscal year
818-2 for which the audit was made. If <Where> the board of trustees
818-3 declines or refuses to approve its auditor's report, it shall
818-4 nevertheless file with the agency <Central Education Agency> a copy
818-5 of the audit report with its statement detailing reasons for
818-6 failure to approve the report <same>.
818-7 (e) The audit reports shall be reviewed by the agency
818-8 <Central Education Agency>, and the commissioner <of education>
818-9 shall notify the board of trustees of objections, violations of
818-10 sound accounting practices or law and regulation requirements, or
818-11 of recommendations concerning the audit reports that the
818-12 commissioner wants <same should he desire> to make <any>. If
818-13 <Where> the audit report reflects that penal laws have been
818-14 violated, the commissioner <of education> shall notify <address
818-15 such information to> the appropriate county or district attorney<,>
818-16 and <to> the attorney general. The commissioner <of education>
818-17 shall have access to all vouchers, receipts, district fiscal and
818-18 financial records, and <such> other school records as the
818-19 commissioner considers necessary <he may deem needed> and
818-20 appropriate for the review, analysis, and passing on audit reports.
818-21 <(f) The audit report shall be submitted in lieu of the
818-22 treasurer's (depository) report heretofore required to be filed
818-23 annually with the commissioner of education.>
818-24 <Sec. 21.254. WITHHOLDING OF SALARY. The monthly salary of
818-25 any county judge acting as ex-officio county superintendent of
818-26 public schools, or any county, district, city or town
818-27 superintendent, or principal or any teacher or librarian in any
819-1 school supported wholly or partly by the state, or any assessor,
819-2 county treasurer, treasurer in county school depository or
819-3 treasurer of any school district depository, shall be withheld by
819-4 the officials or authorities paying the said salary, on
819-5 notification by the commissioner of education that the county
819-6 judge, acting as ex-officio county superintendent of public
819-7 schools, or the county, district, city, or town superintendent or
819-8 principal, teacher, librarian, assessor, county treasurer,
819-9 treasurer of county school depository or treasurer of school
819-10 district depository has refused or failed to make the reports
819-11 required of him; provided, that this notification shall not be sent
819-12 by the commissioner of education until at least two written
819-13 requests have been made for the desired information and until 30
819-14 days have elapsed from the time of the first request without the
819-15 receipt of the information required; in such case the aforesaid
819-16 monthly salary shall be withheld until a notice is received from
819-17 the commissioner of education, certifying that the information
819-18 requested has been furnished by the delinquent person.>
819-19 <Sec. 4.05. IMPROPER PAYMENT OF SALARIES. Any employee of
819-20 the state or of any district, county, city, town, or school, who
819-21 may be responsible for the payment of the salary of any county
819-22 judge acting as ex officio county superintendent of public schools,
819-23 or of any county, district, or town superintendent or principal, or
819-24 other school officer, or any teacher, librarian, assessor, county
819-25 treasurer, treasurer of county school depository, or treasurer of
819-26 school district depository, after notice by the commissioner of
819-27 education that the person has failed to comply with the provisions
820-1 of Sec. 21.254 of this code shall be guilty of a misdemeanor and
820-2 upon conviction shall be fined not less than $50 nor more than
820-3 $500.>
820-4 Sec. 44.010 <21.255>. Financial Reports to Commissioner or
820-5 Agency <Commissioners or Department of Education>; Forms. (a) All
820-6 financial reports made by or for school districts<, either
820-7 independent or common,> or by their officers, agents, or employees,
820-8 to the commissioner or to the agency <Central Education Agency>,
820-9 shall be made on forms prescribed by the agency, subject to review
820-10 and comment by the state auditor.
820-11 (b) The <It shall be the duty of the> agency shall <to>
820-12 combine as many forms as possible so <to the end> that multiplicity
820-13 of reports is avoided. The <Such> forms shall call for all
820-14 information required by law or by the commissioner, as well as for
820-15 <such> information considered <as is deemed> necessary by the state
820-16 auditor.
820-17 (c) The provisions of this section shall take precedence
820-18 over any other law of this state in conflict herewith.
820-19 Sec. 44.011 <23.49>. Review by Agency <Department of
820-20 Education>. The budgets, <budget and> fiscal reports, and audit
820-21 reports filed with the agency <Central Education Agency> shall be
820-22 reviewed and analyzed by the staff of the agency to determine
820-23 whether all legal requirements have been met and to collect fiscal
820-24 data needed in preparing school fiscal reports for <State
820-25 Department of Education. The fiscal data collected shall be used
820-26 by the department in the preparation of school fiscal reports to be
820-27 submitted to> the governor and the legislature.
821-1 <Sec. 23.50. ><Loss of Accreditation><. The agency shall drop
821-2 from the list of accredited schools any district which fails to
821-3 comply with the provisions of this subchapter or with the rules and
821-4 regulations of the State Board of Education pursuant thereto.>
821-5 (Sections 44.012-44.030 reserved for expansion
821-6 SUBCHAPTER B. PURCHASES; CONTRACTS; COMPETITIVE BIDDING
821-7 Sec. 44.031 <21.901>. Contracts--Competitive Bidding. (a)
821-8 Except as provided by <in> this section, all contracts proposed to
821-9 be made by the <any Texas public school> board of trustees of a
821-10 school district for the purchase of any personal property, except
821-11 produce or vehicle fuel, must <shall> be submitted to competitive
821-12 bidding for each 12-month period when the <said> property is valued
821-13 at $25,000 or more, in the aggregate for each 12-month period.
821-14 (b) Except as provided by <in> Subsection (e) <of this
821-15 section>, all contracts proposed to be made by the <any Texas
821-16 public school> board of trustees of a school district for the
821-17 construction, maintenance, repair, or renovation of any building
821-18 must <shall> be submitted to competitive bidding when the <said>
821-19 contracts are valued at more than $15,000. In this section,
821-20 maintenance includes supervision of custodial, plant operations,
821-21 maintenance, and ground services personnel.
821-22 (c) This <Nothing in this> section does not <shall> apply to
821-23 fees received for professional services rendered, including <but
821-24 not limited to> architects fees, attorney's fees, and fees for
821-25 fiscal agents.
821-26 (d) Notice of the time when and place where the <such>
821-27 contracts will be let and bids opened must <shall> be published in
822-1 the county where the purchasing school is located, once a week for
822-2 at least two weeks before <prior to> the time set for awarding the
822-3 <letting said> contract. Provided, however, that on contracts
822-4 involving less than $25,000, the <such> advertising may be limited
822-5 to two successive issues of any newspaper published in the county
822-6 in which the school is located, and if there is no newspaper in the
822-7 county in which the school is located, then the <said> advertising
822-8 must <shall> be for publication in a <some> newspaper in the <some
822-9 county nearest the county seat of the county in which the school is
822-10 located.
822-11 (e) If a school building or school equipment is destroyed or
822-12 severely damaged, and the <school> board of trustees determines
822-13 that the <time> delay posed by the competitive bidding process
822-14 would prevent or substantially impair the conduct of classes or
822-15 other essential school activities, then contracts for the
822-16 replacement or repair of the <such> building or equipment may be
822-17 made without <resort to> competitive bidding as otherwise required
822-18 by this section.
822-19 (f) The board of trustees of a school district may acquire
822-20 computers and computer-related equipment, including computer
822-21 software, through the <State Purchasing and> General Services
822-22 Commission under contracts entered into in accordance with the
822-23 State Purchasing and General Services Act (Article 601b, Vernon's
822-24 Texas Civil Statutes). Before issuing an invitation for bids, the
822-25 commission shall consult with the agency <Central Education Agency>
822-26 concerning the computer and computer-related equipment needs of
822-27 school districts. To the extent possible the resulting contract
823-1 shall provide for such needs.
823-2 (g)<(1)> The board of trustees of a school district may
823-3 purchase without competitive bidding an item that is available from
823-4 only one source, including:
823-5 (1) <(A)> an item for which competition is precluded
823-6 because of the existence of a patent, copyright, secret process, or
823-7 monopoly;
823-8 (2) <(B)> a film, manuscript, or book;
823-9 (3) <(C)> a utility service, including electricity,
823-10 gas, or water; and
823-11 (4) <(D)> a captive replacement part or component for
823-12 equipment.
823-13 (h) <(2)> The exceptions provided by Subsection (g) do <this
823-14 subsection shall> not apply to mainframe data-processing equipment
823-15 and peripheral attachments with a single-item purchase price in
823-16 excess of $15,000.
823-17 (i) <(h)> Each contract proposed to be made by the <any
823-18 Texas public school> board of trustees of a school district for the
823-19 purchase or lease of one or more school buses, including a lease
823-20 with an option to purchase, must <shall> be submitted to
823-21 competitive bidding when the contract is valued at $20,000
823-22 <$10,000> or more.
823-23 Sec. 44.032 <21.9011>. Enforcement of Purchase Procedures:
823-24 Criminal Penalties; Removal; Ineligibility. (a) In this section:
823-25 (1) "Component purchases" means purchases of the
823-26 component parts of an item that in normal purchasing practices
823-27 would be purchased in one purchase.
824-1 (2) "Separate purchases" means purchases, made
824-2 separately, of items that in normal purchasing practices would be
824-3 purchased in one purchase.
824-4 (3) "Sequential purchases" means purchases, made over
824-5 a period, of items that in normal purchasing practices would be
824-6 purchased in one purchase.
824-7 (b) An officer, <or> employee, or agent of a school district
824-8 commits an offense if the person with criminal negligence <officer
824-9 or employee intentionally or knowingly> makes or authorizes
824-10 separate, sequential, or component purchases to avoid the
824-11 competitive bidding requirements of Section 44.031(a) or (b)
824-12 <Subsection (a) or (b) of Section 21.901 of this code>. An offense
824-13 under this subsection is a Class B misdemeanor and is an offense
824-14 involving moral turpitude.
824-15 (c) An officer, <or> employee, or agent of a school district
824-16 commits an offense if the person with criminal negligence <officer
824-17 or employee intentionally or knowingly> violates Section 44.031(a)
824-18 or (b) <Subsection (a) or (b) of Section 21.901 of this code>,
824-19 other than by conduct described by Subsection (b) <of this
824-20 section>. An offense under this subsection is a Class B
824-21 misdemeanor and is an offense involving moral turpitude.
824-22 (d) An officer or employee of a school district commits an
824-23 offense if the officer or employee <intentionally or> knowingly
824-24 violates Section 44.031 <21.901 of this code>, other than by
824-25 conduct described by Subsection (b) or (c) <of this section>. An
824-26 offense under this subsection is a Class C misdemeanor.
824-27 (e) The final conviction of a person other than a trustee
825-1 <an officer or employee> of a school district for an offense under
825-2 Subsection (b) or (c) <of this section> results in the immediate
825-3 removal from office or employment of that person. A trustee who is
825-4 convicted of an offense under this section is considered to have
825-5 committed official misconduct for purposes of Chapter 87, Local
825-6 Government Code, and is subject to removal as provided by that
825-7 chapter and Section 24, Article V, Texas Constitution. For four
825-8 years after the date of the final conviction, the removed person
825-9 <officer or employee> is ineligible to be a candidate for or to be
825-10 appointed or elected to a public office in this state, is
825-11 ineligible to be employed by or act as an agent for the state or a
825-12 political subdivision of the state <the school district with which
825-13 the person served when the offense occurred>, and is ineligible to
825-14 receive any compensation through a contract with the state or a
825-15 political subdivision of the state <that school district>. This
825-16 subsection does not prohibit the payment of retirement benefits to
825-17 the removed person or the payment of workers' compensation benefits
825-18 to the removed person for an injury that occurred before the
825-19 commission of the offense for which the person was removed. This
825-20 subsection does not make a person ineligible for an office for
825-21 which the federal or state constitution prescribes exclusive
825-22 eligibility requirements <officer or employee>.
825-23 (f) A court may enjoin performance of a contract made in
825-24 violation of Section 44.031(a) or (b). A county attorney, a
825-25 district attorney, a criminal district attorney, or a citizen of
825-26 the county in which the school district is located may bring an
825-27 action for an injunction. A citizen who prevails in an action
826-1 brought under this subsection is entitled to reasonable attorney's
826-2 fees as approved by the court.
826-3 <Sec. 4.35. VIOLATION OF PURCHASE PROCEDURES; CRIMINAL
826-4 PENALTY; REMOVAL; INJUNCTION AND ATTORNEY'S FEES. (a) A trustee,
826-5 officer, agent, or employee of a school district who intentionally,
826-6 recklessly, or with criminal negligence violates Subsection (a) or
826-7 (b) of Section 21.901 of this code or who makes or authorizes
826-8 split, separate, sequential, or component purchases with intent to
826-9 avoid the competitive bidding requirements of those subsections
826-10 commits an offense. The offense is a Class B misdemeanor and is an
826-11 offense involving moral turpitude.>
826-12 <(b) The conviction of a person other than a trustee under
826-13 Subsection (a) of this section results in the immediate removal
826-14 from office or employment of that person. A trustee who is
826-15 convicted of an offense under this section is considered to have
826-16 committed official misconduct for purposes of Chapter 87, Local
826-17 Government Code, and is subject to removal as provided by that
826-18 article and Article V, Section 24, of the Texas Constitution. For
826-19 four years after the date of the final conviction, a person removed
826-20 for an offense under Subsection (a) of this section is ineligible
826-21 to be a candidate for or to be appointed or elected to a public
826-22 office in this state, is ineligible to be employed by or act as an
826-23 agent for the state, any municipality, county, school district, or
826-24 other political subdivision of this state, and is ineligible to
826-25 receive any compensation or thing of value, through or as a result
826-26 of a contract with the state or any municipality, county, school
826-27 district, or other political subdivision of this state. This
827-1 subsection does not prohibit the payment of workers' compensation
827-2 benefits to the removed person for any injury that occurred before
827-3 the commission of the offense. This subsection does not make a
827-4 person ineligible for an office for which the federal or state
827-5 constitution prescribes exclusive eligibility requirements.>
827-6 <(c) Performance under a contract made in violation of
827-7 Subsection (a) or (b) of Section 21.901 of this code may be
827-8 enjoined by a court of competent jurisdiction in a suit brought by
827-9 a county attorney, district attorney, criminal district attorney,
827-10 or any citizen of the county in which the school district is
827-11 located. The prevailing party in such an action brought by a
827-12 citizen is entitled to recover from the enjoined party reasonable
827-13 attorney's fees approved by the court.>
827-14 Sec. 44.033 <21.9013>. Purchases of Personal Property Valued
827-15 Between $10,000 and $25,000. (a) A school district shall purchase
827-16 personal property as provided by this section if the value of the
827-17 items is at least $10,000 but less than $25,000, in the aggregate,
827-18 for a 12-month period. In the alternative, the school district may
827-19 elect to submit a contract for the purchase of those items to
827-20 competitive bidding as provided by Section 44.031 <21.901 of this
827-21 code>.
827-22 (b) For each 12-month period, the district shall publish a
827-23 notice in two successive issues of any newspaper of general
827-24 circulation in the county in which the school is located. If there
827-25 is no newspaper in the county in which the school is located, the
827-26 advertising shall be published in a newspaper in the county nearest
827-27 the county seat of the county in which the school is located,
828-1 specifying the categories of personal property to be purchased
828-2 under this section and soliciting the names, addresses, and
828-3 telephone numbers of vendors that are interested in supplying any
828-4 of the categories to the district. For each category, the district
828-5 shall create a vendor list consisting of each vendor that responds
828-6 to the published notice and any additional vendors the district
828-7 elects to include.
828-8 (c) Before the district makes a purchase from a category of
828-9 personal property, the district must obtain written or telephone
828-10 price quotations from at least three vendors from the list for that
828-11 category. If fewer than three vendors are on the list, the
828-12 district shall contact each vendor on the list. Whenever possible,
828-13 telephone quotes should be confirmed in writing by mail or
828-14 facsimile. The bidding records must be retained with the school's
828-15 competitive bidding records and are subject to audit. The purchase
828-16 shall be made from the lowest responsible bidder.
828-17 (d) Purchases of produce and fuel shall be made in
828-18 accordance with this section.
828-19 (Sections 44.034-44.050 reserved for expansion
828-20 SUBCHAPTER C. PENAL PROVISIONS
828-21 Sec. 44.051 <4.02>. INTERFERENCE WITH OPERATION OF
828-22 FOUNDATION SCHOOL PROGRAM. An offense under Section 37.10, Penal
828-23 Code, is a felony of the third degree if it is shown on trial of
828-24 the offense that the government record was a record, form, report,
828-25 or budget required under Chapter 42 or rules adopted under that
828-26 chapter. If the actor's intent is to defraud the state or the
828-27 public school system, the offense is a felony of the second degree
829-1 <(a) Any person who shall confiscate, misappropriate, or convert
829-2 money appropriated to the Foundation School Fund to carry out the
829-3 purposes of that program as set out in Chapter 16 of this code
829-4 after such money is received by the school district or board of
829-5 county school trustees in accordance with the terms of Chapter 16,
829-6 shall be guilty of a felony and upon conviction shall be punished
829-7 by confinement in the state penitentiary for not less than one year
829-8 nor more than five years.>
829-9 <(b) Any person who shall knowingly make any false
829-10 statement, or shall falsify or permit to be falsified, any record,
829-11 form, report, or budget required under the provisions of Chapter 16
829-12 of this code, or the rules of the state officials charged with the
829-13 enforcement of the Foundation School Program, in any attempt to
829-14 defraud the state or its school system as a result of such act,
829-15 shall be guilty of a felony and upon conviction shall be punished
829-16 by confinement in the state penitentiary for not less than one year
829-17 nor more than five years. Such proceedings shall be instituted by
829-18 the proper district or county attorney in accordance with Article
829-19 339, Revised Civil Statutes, 1925, or any other law appertaining
829-20 thereto.>
829-21 <(c) Should any change or error in the records, forms,
829-22 reports, or budgets result in any school district receiving from
829-23 the Foundation School Fund more or less than it would have been
829-24 entitled to receive had said records been correct, the commissioner
829-25 of education shall correct such error, and so far as practicable
829-26 shall adjust the payment in such a manner that the amount to which
829-27 such district was correctly eligible shall be paid.>
830-1 <(d) Any person, including any county superintendent or ex
830-2 officio county superintendent, school bus driver, school trustee,
830-3 or any district superintendent, principal or other administrative
830-4 personnel, or teacher of a school district, or its treasurer or
830-5 proper disbursing officer, who violates any of the provisions of
830-6 Chapter 16 of this code other than those to which subsections (a)
830-7 and (b) of this section apply, shall be guilty of a misdemeanor and
830-8 shall be fined not less than $100 nor more than $1000. Proceedings
830-9 shall be instituted by the proper district or county attorney upon
830-10 receipt of information from the state commissioner of education.>
830-11 <(e) If any person shall knowingly submit incorrect
830-12 information to the Central Education Agency in any report required
830-13 by Chapter 16 of this code or by the rules of the agency or by the
830-14 commissioner of education for the honest administration of the
830-15 Foundation School Program, such offenses shall constitute a felony,
830-16 and any person upon conviction shall be punished by confinement in
830-17 the state penitentiary for not less than two nor more than five
830-18 years>.
830-19 Sec. 44.052 <4.03>. Failure to Comply with Budget
830-20 Requirements; Penalty. (a) <Whoever fails to comply with the
830-21 duties assigned him with regard to the preparation or the following
830-22 of a county school budget or who violates any provision of Section
830-23 17.56 of this code shall be guilty of a misdemeanor and upon
830-24 conviction thereof shall be fined not less than $25 nor more than
830-25 $100.>
830-26 <(b)> Any county superintendent approving any expenditure of
830-27 school funds in excess of the item or items appropriated in the
831-1 adopted budget or a supplementary or amended budget commits an
831-2 offense. An offense under this subsection is <shall be guilty of>
831-3 a misdemeanor punishable by a fine of <and, upon conviction
831-4 thereof, shall be fined> not less than $25 nor more than $100.
831-5 (b) A person who <(c) Whoever> fails to comply with the
831-6 person's duties <assigned him> with regard to the preparation or
831-7 the following of a county school budget or a budget of a <an
831-8 independent> school district or who violates any provision of
831-9 Section 44.003 commits an offense. An offense under this
831-10 subsection is <23.42 of this code shall be guilty of> a misdemeanor
831-11 punishable by a fine of <and upon conviction thereof shall be
831-12 fined> not less than $25 nor more than $100.
831-13 (c) A <(d) Each and any> trustee of a <an independent>
831-14 school district who votes to approve any expenditure of school
831-15 funds in excess of the item or items appropriated in the adopted
831-16 budget or a supplementary or amended budget commits an offense. An
831-17 offense under this subsection is <shall be guilty of> a misdemeanor
831-18 punishable by a fine of <and upon conviction thereof shall be
831-19 fined> not less than $25 nor more than $100.
831-20 (d) <(e)> Charges of the violation of this section may be
831-21 instituted by the proper county or district attorney or by the
831-22 attorney general.
831-23 Sec. 44.053 <4.04>. Failure of Municipal Officer to make
831-24 Treasurer's Report; Penalty <Violations by Treasurer or
831-25 Depository>. <(a) If any person who is by law a treasurer of any
831-26 school district in this state, or if any officer, director,
831-27 stockholder, agent, or employee of any corporation that is by law
832-1 the treasurer or depository of any school district in this state
832-2 shall fraudulently take, misapply, or convert to his own use any
832-3 money, property, or other thing of value belonging to such district
832-4 that may have come into his possession by virtue of his being
832-5 treasurer of such district or that may have come into his
832-6 possession by virtue of the corporation of which he is officer,
832-7 director, stockholder, agent, or employee being the treasurer or
832-8 depository of such district, or shall secrete the same with intent
832-9 to take, misapply, or convert it to his own use or shall pay or
832-10 deliver the same to any person knowing that he is not entitled to
832-11 receive it, he shall be guilty of a felony and upon conviction
832-12 shall be confined in the state penitentiary not less than 2 nor
832-13 more than 10 years.>
832-14 <(b)> Any county or municipal <city> treasurer or treasurer
832-15 of the school board of each municipality <city or town> having
832-16 exclusive control of its schools who fails to make and transmit any
832-17 report and certified copy thereof, or either, required by law,
832-18 commits an offense. An offense under this section is <shall be
832-19 guilty of> a misdemeanor punishable by a fine of <and upon
832-20 conviction shall be fined> not less than $50 nor more than $500.
832-21 Sec. 44.054 <4.09>. FAILURE TO TRANSFER STUDENTS <PUPILS>
832-22 AND FUNDS. A <Any> county judge serving as ex officio county
832-23 superintendent, a <or any> county <superintendent>, district, or
832-24 municipal <city or town> superintendent, or a <any> school
832-25 officer<,> who refuses to transfer students <pupils> and funds as
832-26 provided by <in> Subchapter B, <C of> Chapter 25, commits an
832-27 offense. An offense under this section is a misdemeanor punishable
833-1 by a fine of <21 of this code shall be fined> not less than $50 nor
833-2 more than $500 or confinement <be confined> in jail for not more
833-3 than 60 days, or both.
833-4 (Sections 44.055-44.900 reserved for expansion
833-5 SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
833-6 Sec. 44.901 <21.9012>. Energy Conservation Measures. (a)
833-7 The board of trustees of a school district may enter into a
833-8 contract for energy conservation measures to reduce energy
833-9 consumption or operating costs of school facilities in accordance
833-10 with this section.
833-11 (b) A contract to which this section applies includes a
833-12 contract for the installation of:
833-13 (1) insulation of the building structure and systems
833-14 within the building;
833-15 (2) storm windows or doors, caulking or
833-16 weatherstripping, multiglazed windows or doors, heat absorbing or
833-17 heat reflective glazed and coated window or door systems, or other
833-18 window or door system modifications that reduce energy consumption;
833-19 (3) automatic energy control systems, including
833-20 computer software and technical data licenses;
833-21 (4) heating, ventilating, or air-conditioning system
833-22 modifications or replacements;
833-23 (5) lighting fixtures that increase energy efficiency;
833-24 or
833-25 (6) energy recovery systems.
833-26 (c) <The person with whom the board contracts must be
833-27 experienced in the design, implementation, and installation of
834-1 energy conservation measures.>
834-2 <(d)> Before entering into a contract for energy
834-3 conservation measures, the board shall require the provider of the
834-4 energy conservation measures to file with the board a performance
834-5 bond that is in an amount the board finds reasonable and necessary
834-6 to protect the interests of the school district and that covers the
834-7 value of the guaranteed savings on the contract and is conditioned
834-8 on the faithful execution of the terms of the contract.
834-9 (d) <(e) The board may enter into a contract for a period of
834-10 more than one year for energy conservation measures with a person
834-11 if the board finds that the amount the school district would spend
834-12 on the energy conservation measures will not exceed the amount to
834-13 be saved in energy and operating costs over 10 years from the date
834-14 of installation. If the term of a contract for energy conservation
834-15 measures exceeds one year, the district's contractual obligation in
834-16 any year during the term of the contract may not exceed the total
834-17 energy and operating cost savings, including but not limited to
834-18 electrical, gas, or other utility cost savings and operating cost
834-19 savings resulting from automatic monitoring and control, as
834-20 determined by the board in this subsection, divided by the number
834-21 of years in the contract term. The board shall consider all costs
834-22 of the energy conservation measures, including costs of design,
834-23 engineering, installation, maintenance, repairs, and debt service.>
834-24 <(f)> A contract for energy conservation measures, with
834-25 respect to existing buildings or facilities, may be a
834-26 lease/purchase contract, with a term not to exceed 10 years, that
834-27 meets federal tax requirements for tax-free municipal leasing or
835-1 long-term financing.
835-2 (e) <(g)> A contract under this section may be let under
835-3 competitive proposal procedures. Notice of the request for
835-4 proposals shall be published in the manner provided for competitive
835-5 bidding. Requests for proposals must solicit quotations and must
835-6 specify the relative importance of guaranteed savings, price,
835-7 financial performance and stability, quality, technical ability,
835-8 experience, and other evaluation factors. The contract shall be
835-9 awarded to the responsible offeror whose proposal, following
835-10 negotiations, is determined to be the most advantageous to the
835-11 school district considering the guaranteed savings and other
835-12 evaluation factors set forth in the request for proposals.
835-13 (f) <(h) In accordance with the terms of a request for
835-14 proposals under Subsection (g) of this section and with regulations
835-15 adopted by the board of trustees, the school district may conduct
835-16 discussions with offerors who submit proposals and who are
835-17 determined to be reasonably qualified for the award of the
835-18 contract. Offerors shall be treated fairly and equally with
835-19 respect to any opportunity for discussion and revision of
835-20 proposals.> To obtain the best final offers, the school district
835-21 may allow proposal revisions after submissions and before the award
835-22 of the contract.
835-23 <(i) If provided in a request for proposals under Subsection
835-24 (g) of this section, proposals shall be opened in a manner that
835-25 avoids disclosure of the contents to competing offerors and keeps
835-26 the proposals secret during negotiations.>
835-27 <(j) Upon completion of all negotiations, the board shall
836-1 give notice of intent to award a contract to the selected offeror.
836-2 The notice of intent shall be published in the same manner as the
836-3 notice of request for proposals. All proposals are open for public
836-4 inspection after the notice of intent to award is published, but
836-5 trade secrets and proprietary information clearly identified in the
836-6 proposals are not open for public inspection.>
836-7 Sec. 44.902 <23.34>. Utility Billing Audit. (a) Except as
836-8 provided by Subsection (c) <of this section>, every four years each
836-9 school district shall perform an audit of its electric, telephone,
836-10 gas, and water utility billing during the preceding four years.
836-11 The school district may contract with a private consultant in the
836-12 performance of the audit.
836-13 (b) The audit must provide information to allow the school
836-14 district to ensure that it is properly classified and subscribed
836-15 and that the amounts paid for service are proper.
836-16 (c) Before the school district conducts an audit, it shall
836-17 analyze the potential benefit of the audit. The school district is
836-18 not required to perform the audit if it determines that the savings
836-19 and refunds provided by the audit will not exceed its cost.
836-20 (d) The audit must be funded from refunds received as a
836-21 result of the audit. The school district shall take appropriate
836-22 action to recover any refund due. The attorney general may assist
836-23 in recovering a refund.
836-24 <(e) During January and June of each year during which an
836-25 audit is being conducted, the school district shall submit to the
836-26 State Board of Education a report on the status of the audit. The
836-27 report must include a summary of the costs of the audit, current
837-1 audit activity, a schedule of future activity, audit
837-2 recommendations and results, pending refunds, and recovered
837-3 refunds. The State Board of Education shall submit a summary of
837-4 the report to the governor, Legislative Budget Board, and
837-5 comptroller. Not later than the 30th day after the date an audit
837-6 is completed, the school district shall submit to the State Board
837-7 of Education a report on the savings resulting from the audit,
837-8 including their source, and the costs of the audit. The State
837-9 Board of Education shall submit a copy of this report to the
837-10 governor, Legislative Budget Board, and comptroller.>
837-11 CHAPTER 45 <20>. SCHOOL DISTRICT FUNDS
837-12 SUBCHAPTER A. <SCHOOL DISTRICT> TAX BONDS AND MAINTENANCE TAXES
837-13 Sec. 45.001 <20.01>. BONDS AND BOND TAXES. The governing
837-14 board of an <each> independent school district, <(>including the
837-15 city council or commission that has jurisdiction over a<, as to
837-16 each> municipally controlled independent school district, <the city
837-17 council or commission which has jurisdiction thereof), and> the
837-18 governing board of a <each> rural high school district, and the
837-19 commissioners court of a <every> county, <for and> on behalf of
837-20 each common school district under its jurisdiction, may <shall be
837-21 authorized to> issue negotiable coupon bonds for the construction
837-22 and equipment of school buildings in the district and the purchase
837-23 of the necessary sites for school buildings <therefor>, and may
837-24 <to> levy, <and> pledge, assess, and collect <and cause to be
837-25 assessed and collected,> annual ad valorem taxes sufficient to pay
837-26 the principal of and interest on the <said> bonds as the principal
837-27 and interest become <same come> due, subject to <the provisions and
838-1 restrictions of> Section 45.003 <20.04 of this code>. The <Such>
838-2 bonds must <may be issued in various series or issues, and shall>
838-3 mature serially or otherwise not more than 40 years from their
838-4 date<, and shall bear interest at such rate or rates as shall be
838-5 determined within the discretion of such governing board or
838-6 commissioners court>. The <Said> bonds<, and the interest coupons
838-7 appertaining thereto, shall be negotiable instruments, and they>
838-8 may be made redeemable before <prior to> maturity<, and may be
838-9 issued in such form, denominations, and manner, and under such
838-10 terms, conditions, and details, and shall be signed and executed,
838-11 as provided by such governing board or commissioners court in the
838-12 resolution or order authorizing the issuance of said bonds>. All
838-13 bonds must <shall> be sold to the highest bidder for not less than
838-14 their par value and accrued interest.
838-15 Sec. 45.002 <20.02>. Maintenance Taxes. The governing board
838-16 of an <each> independent school district, <(>including the city
838-17 council or commission that has jurisdiction over a<, as to each>
838-18 municipally controlled independent school district, <the city
838-19 council or commission which has jurisdiction thereof), and> the
838-20 governing board of a <each> rural high school district, and the
838-21 commissioners court of a <every> county, <for and> on behalf of
838-22 each common school district under its jurisdiction, may <shall be
838-23 authorized to> levy, assess, and collect <cause to be assessed and
838-24 collected,> annual ad valorem taxes for the further maintenance of
838-25 public <free> schools in the district, subject to <the provisions
838-26 and restrictions of> Section 45.003 <20.04 of this code>.
838-27 Sec. 45.003 <20.04>. Bond and Tax Elections. (a) Bonds
839-1 described by Section 45.001 may not <No such bonds shall> be issued
839-2 and <none of the aforesaid> taxes described by Section 45.001 or
839-3 45.002 may not <shall> be levied unless authorized by a majority of
839-4 the <resident,> qualified voters <electors> of the district, <who
839-5 own taxable property therein and who have duly rendered the same
839-6 for taxation,> voting at an election held for that <such> purpose,
839-7 at the expense of the district, in accordance with the <Texas>
839-8 Election Code, except as <hereinafter> provided by this section.
839-9 Each <such> election must <shall> be called by resolution or order
839-10 of the <such> governing board or commissioners court. The
839-11 resolution or order must state <, which shall set forth> the date
839-12 of the election, the proposition or propositions to be submitted
839-13 and voted on, the polling place or places, and any other matters
839-14 considered <deemed> necessary or advisable by the <such> governing
839-15 board or commissioners court.
839-16 (b) A <In each> proposition submitted to authorize the
839-17 issuance of bonds must include <there shall be included> the
839-18 question of whether the governing board or commissioners court may
839-19 <shall be authorized to> levy, <and> pledge, assess, and collect
839-20 <and cause to be assessed and collected,> annual ad valorem taxes,
839-21 on all taxable property in the district, either: <-->
839-22 (1) sufficient, without limit as to rate or amount, to
839-23 pay the principal of and interest on the <said> bonds; or
839-24 (2) sufficient to pay the principal of and interest on
839-25 the <said> bonds, provided that the annual aggregate bond taxes in
839-26 the district may <shall> never be more than the rate <(not to
839-27 exceed $1 on the $100 valuation of taxable property in the
840-1 district)> stated in the <said> proposition.
840-2 (c) If bonds are ever voted in a district pursuant to
840-3 Subsection (b)(1) <of this section>, then all bonds thereafter
840-4 proposed must <shall> be submitted pursuant to that subsection, and
840-5 Subsection (b)(2) does not apply to the <of this section shall not
840-6 be applicable to such> district. Except as otherwise provided by
840-7 this section, <no> bonds may not <shall> be issued pursuant to
840-8 Subsection (b)(1) <of this section> if the aggregate principal
840-9 amount of tax bond indebtedness of the district after issuing the
840-10 bonds <such issuance> would exceed <be in excess of> 10 percent of
840-11 the assessed valuation of taxable property in the district
840-12 according to the most recent <then last completed and> approved ad
840-13 valorem tax rolls of the district. A district may issue bonds
840-14 resulting in an aggregate principal amount of tax bond indebtedness
840-15 that exceeds <in excess of> 10 percent of the district's assessed
840-16 valuation if:
840-17 (1) the bonds are issued for the purpose of
840-18 constructing and equipping a replacement for a building lost to
840-19 fire or natural disaster;
840-20 (2) the bonds are issued in an amount necessary for
840-21 that purpose, less the amount paid by insurance covering the loss;
840-22 and
840-23 (3) the resulting aggregate principal amount of tax
840-24 bond indebtedness does not exceed 16 percent of the district's
840-25 assessed valuation.
840-26 (d) A <In each> proposition submitted to authorize the levy
840-27 of maintenance taxes must include <there shall be included> the
841-1 question of whether the governing board or commissioners court may
841-2 <shall be authorized to> levy, assess, and collect <and cause to be
841-3 assessed and collected,> annual ad valorem taxes<,> for the further
841-4 maintenance of public <free> schools, at a rate <of> not to exceed
841-5 the rate, <(>which may <shall> be not more than $1.50 on the $100
841-6 valuation of taxable property in the district,<)> stated in the
841-7 <said> proposition.
841-8 <(e) Notice of each such election shall be given by
841-9 publishing a substantial copy of the election resolution or order
841-10 one time, at least 10 days prior to the date set for the election,
841-11 in a newspaper of general circulation in the district. Such
841-12 governing board or commissioners court shall canvass the returns
841-13 and declare the results of such elections.>
841-14 Sec. 45.004 <20.05>. Refunding Bonds. (a) In this section:
841-15 (1) "Bond" includes a <bond, a> note<,> or <any> other
841-16 evidence of indebtedness.
841-17 (2) "Total debt service" means the amount of principal
841-18 and unpaid interest on a bond to final maturity.
841-19 (b) Each <such> governing board or commissioners court
841-20 described by Section 45.001 may <shall be authorized to> refund or
841-21 refinance all or any part of any of the district's outstanding
841-22 bonds and matured or unmatured but unpaid interest on those bonds
841-23 <thereon> payable from ad valorem taxes by issuing <the issuance
841-24 of> refunding bonds payable from ad valorem taxes. <Said
841-25 refunding bonds shall mature serially or otherwise not more than
841-26 forty years from their date, and shall bear interest at such rate
841-27 or rates, as shall be determined within the discretion of such
842-1 governing board or commissioners court. Said refunding bonds may
842-2 be issued without an election in connection therewith.>
842-3 <Provided, however, if the Texas Constitution would require
842-4 an election or vote to permit any procedure, action, or matter
842-5 pertaining to such refunding bonds, then an election to authorize
842-6 any such procedure, action, or matter shall be held substantially
842-7 in accordance with this Chapter 20 of this code to the extent
842-8 practicable, applicable, and appropriate.>
842-9 (c) A series or issue of refunding bonds may not be issued
842-10 unless:
842-11 (1) the total debt service on the refunding bonds will
842-12 amount to less than the total debt service on the bonds being
842-13 refunded;
842-14 (2) if a maximum interest rate was voted for the bonds
842-15 being refunded, the refunding bonds do not bear interest at a rate
842-16 higher than that <such voted> maximum rate; and
842-17 (3) the refunding bonds are payable from taxes of the
842-18 same nature as those pledged to the payment of the obligations
842-19 being refunded <thereby>.
842-20 (d) Refunding <Said refunding> bonds<, and any interest
842-21 coupons appurtenant thereto, shall be negotiable instruments and
842-22 they> may be made redeemable before <prior to> maturity<, and may
842-23 be issued in such form, denomination, and manner, and under such
842-24 terms, conditions and details, and shall be signed and executed, as
842-25 provided by the governing board or the commissioners court in the
842-26 resolution or order authorizing the issuance of said refunding
842-27 bonds>.
843-1 (e) The refunding bonds may be:
843-2 (1) issued and delivered in lieu of, and on <upon>
843-3 surrender to the comptroller <of public accounts of Texas> and
843-4 cancellation of, the obligations being refunded <thereby>, and the
843-5 comptroller <of public accounts> shall register the refunding bonds
843-6 and deliver them <the same> in accordance with <the provisions of>
843-7 the resolution or order authorizing the refunding bonds; or
843-8 (2) sold for cash in any principal amounts necessary
843-9 to provide all or any part of the money required to:
843-10 (A) pay the principal of any bonds being
843-11 refunded and the interest to accrue on the bonds to maturity; or
843-12 (B) redeem any bonds being refunded before
843-13 maturity, including principal, any required redemption premium, and
843-14 the interest to accrue on the bonds to the redemption date.
843-15 (f) The <Such> refunding may be accomplished in one or in
843-16 several installment deliveries. Refunding <Said refunding> bonds
843-17 also may be issued and delivered in accordance with <the provisions
843-18 of and procedures authorized by> any other applicable law.
843-19 (g) To refund bonds or to pay or redeem bonds in whole or in
843-20 part without issuing refunding bonds, the governing board or
843-21 commissioners court may deposit directly with the paying agent the
843-22 proceeds from the sale of refunding bonds or any other available
843-23 funds or resources. The deposit must be in an amount sufficient,
843-24 after taking into account both the principal and interest to accrue
843-25 on the assets of any escrow account created under Subsection (h)
843-26 <of this section>, to provide for the payment or redemption of the
843-27 bonds and assumed obligations that are to be refunded or to be paid
844-1 or redeemed. The deposit constitutes the making of firm banking
844-2 and financial arrangements for the discharge and final payment or
844-3 redemption of the bonds being refunded.
844-4 (h) The governing board or commissioners court may enter
844-5 into an escrow or a similar agreement with the paying agent with
844-6 respect to the safekeeping, investment, reinvestment,
844-7 administration, or disposition of the deposits, but the deposits
844-8 may be invested and reinvested only in direct obligations of the
844-9 United States, including obligations the principal of and interest
844-10 on which are unconditionally guaranteed by the United States and
844-11 that mature or bear interest payable at times and in amounts
844-12 sufficient to provide for the scheduled payment or redemption of
844-13 the bonds. The governing board or commissioners court shall enter
844-14 into an appropriate escrow or a similar agreement if any of the
844-15 bonds are scheduled to be paid or redeemed on a date later than the
844-16 next succeeding scheduled interest payment date.
844-17 (i) If the governing body or commissioners court has entered
844-18 into an escrow or a similar agreement under Subsection (h) <of this
844-19 section>, the refunded bonds are considered to be defeased and may
844-20 not be included in or considered to be an indebtedness of the
844-21 district for the purpose of a limitation on outstanding
844-22 indebtedness or taxation or for any other purpose.
844-23 (j) Refunding bonds may be issued under this section to
844-24 refund any bonds that are scheduled to mature or that are subject
844-25 to redemption before maturity, not more than 20 years from the date
844-26 of the refunding bonds. The refunding bonds may be sold at public
844-27 or private sale under the procedures, at the price, and on the
845-1 terms determined by the governing board or commissioners court. In
845-2 addition, the bonds may be sold bearing interest at the rate
845-3 determined by the governing board or commissioners court, but not
845-4 to exceed the maximum rate prescribed by Chapter 3, Acts of the
845-5 61st Legislature, Regular Session, 1969, as amended (Article
845-6 717k-2, Vernon's Texas Civil Statutes). <The bonds shall mature
845-7 not more than 40 years after their date as determined by the
845-8 governing board or commissioners court.> The governing board or
845-9 commissioners court may pledge to the payment of any refunding
845-10 bonds any surplus income to be available from the investment or
845-11 reinvestment of any deposit made as authorized by this section or
845-12 any other available revenues, income, or resources.
845-13 (k) The refunding bonds may be issued in an additional
845-14 amount sufficient to pay the costs and expenses of issuing the
845-15 bonds and sufficient to fund any debt service reserve, contingency,
845-16 or other similar fund considered necessary or advisable by the
845-17 governing board or commissioners court.
845-18 Sec. 45.005 <20.06>. EXAMINATION OF BONDS BY <THE> ATTORNEY
845-19 GENERAL. All bonds issued pursuant to this subchapter, and the
845-20 appropriate proceedings authorizing their issuance, shall be
845-21 submitted to the attorney general <of Texas> for examination. <If
845-22 he finds that such bonds have been authorized in accordance with
845-23 law he shall approve them, and thereupon they shall be registered
845-24 by the comptroller of public accounts of the State of Texas; and
845-25 after such approval and registration such bonds shall be
845-26 incontestable in any court, or other forum, for any reason, and
845-27 shall be valid and binding obligations in accordance with their
846-1 terms for all purposes.>
846-2 <Sec. 20.07. BONDS ARE LEGAL INVESTMENTS. All bonds issued
846-3 pursuant to this subchapter shall be legal and authorized
846-4 investments for all banks, trust companies, building and loan
846-5 associations, savings and loan associations, small business
846-6 investment corporations, insurance companies of all kinds and
846-7 types, fiduciaries, trustees, and guardians, and for all interest
846-8 and sinking funds and other public funds of the State of Texas and
846-9 all agencies, subdivisions, and instrumentalities thereof,
846-10 including all counties, cities, towns, villages, school districts,
846-11 and all other kinds and types of districts, public agencies and
846-12 bodies politic. Said bonds also shall be eligible and lawful
846-13 security for all deposits of public funds of the State of Texas and
846-14 all agencies, subdivisions, and instrumentalities thereof,
846-15 including all counties, cities, towns, villages, school districts,
846-16 and all other kinds and types of districts, public agencies, and
846-17 bodies politic, to the extent of the market value of said bonds,
846-18 when accompanied by any unmatured interest coupons appurtenant
846-19 thereto.>
846-20 <Sec. 20.08. PREVIOUSLY VOTED BONDS AND TAXES. All tax
846-21 bonds voted in any school district in accordance with law but
846-22 unissued at the effective date of this code may be issued in the
846-23 manner provided by the law in effect at the time such bonds were
846-24 voted, or issued in the manner provided in this subchapter, to the
846-25 extent pertinent and applicable, without an additional election;
846-26 and all maintenance taxes heretofore voted in any school district
846-27 in accordance with law may be levied and collected in the manner
847-1 provided by the law in effect at the time such bonds were voted, or
847-2 issued in the manner provided in this subchapter, to the extent
847-3 pertinent and applicable, without an additional election.>
847-4 Sec. 45.006 <20.09>. Tax Limitations. (a) Except as
847-5 provided by Subsection <Subsections> (c) <and (d)> and unless
847-6 specifically approved in an election called for that purpose, a
847-7 school district may not impose a total tax rate on the $100
847-8 valuation of taxable property that exceeds $1.50.
847-9 (b) A district may impose taxes under this chapter on the
847-10 residence homestead of a person whose taxes for general elementary
847-11 and secondary public school purposes are limited under Section
847-12 1-b(d), Article VIII, <Section 1-b(d), of the> Texas Constitution,
847-13 only to the extent that the imposition does not increase the
847-14 person's tax liability for those purposes in violation of the
847-15 constitutional limit.
847-16 (c) The portion of the total tax rate required to collect
847-17 the taxes pledged and levied for the payment of principal and
847-18 interest on debt authorized to be issued by an election <held on or
847-19 before April 1, 1991, and issued before September 1, 1992,> is not
847-20 subject to the tax limitation under Subsection (a), but may not
847-21 exceed $0.50 on the $100 valuation of taxable property <of this
847-22 section>.
847-23 <(d) Prior to the issuance of bonds other than bonds exempt
847-24 under Subsection (c) of this section, a district shall demonstrate
847-25 to the attorney general with respect to the proposed bond issue a
847-26 projected ability to pay the principal of and interest on the
847-27 proposed bonds and all previously issued bonds, other than bonds
848-1 exempt under Subsection (c) of this section, from a tax at a debt
848-2 rate not to exceed $0.50 per $100 valuation and a total tax rate
848-3 not to exceed the maximum rate under Subsection (a) of this
848-4 section. On approval of the bonds by the attorney general and
848-5 issuance by the district, the district may levy a tax exceeding the
848-6 limits established in Subsection (a) of this section if necessary
848-7 to pay the principal of and interest on the bonds without reducing
848-8 maintenance and operations expenditures for the district.>
848-9 (Sections 45.007-45.030 reserved for expansion
848-10 SUBCHAPTER B. <SCHOOL DISTRICT> REVENUE BONDS
848-11 Sec. 45.031 <20.21>. Gymnasia, Stadia, and Other
848-12 Recreational Facilities. The governing board of an <each>
848-13 independent school district, <(>including the city council or
848-14 commission that has jurisdiction over a <, as to each> municipally
848-15 controlled independent school district, <the city council or
848-16 commission which has jurisdiction thereof) and> the governing board
848-17 of a <each> rural high school district, and the commissioners court
848-18 of a <every> county, <for and> on behalf of each common school
848-19 district under its jurisdiction, may <shall be authorized and have
848-20 the power to> acquire, <purchase,> construct, improve, <enlarge,>
848-21 equip, operate, and maintain gymnasia, stadia, or other
848-22 recreational facilities for and on behalf of its district. The <,
848-23 and such> facilities may be located inside <within> or outside of
848-24 <without> the district.
848-25 Sec. 45.032 <20.22>. Revenue Bonds. To provide <For the
848-26 purpose of providing> funds to acquire, <purchase,> construct,
848-27 improve, or <enlarge, and/or> equip gymnasia, stadia, or other
849-1 recreational facilities, the <such> board, city council or
849-2 commission, or commissioners court may <shall be authorized to>
849-3 issue <its> revenue bonds <to be> payable from and secured by liens
849-4 on and pledges of all or any part of any of the revenues from any
849-5 rentals, rates, charges, or other revenues from any or all of the
849-6 <such> facilities, in the manner <hereinafter> provided by this
849-7 subchapter. The <Said> bonds may be additionally secured by
849-8 mortgages and deeds of trust on any real property on which any of
849-9 the <said> facilities are or will be located, or any real or
849-10 personal property incident or appurtenant to the <said> facilities,
849-11 and the board, city council or commission, or <the> commissioners
849-12 court may authorize the execution and delivery of trust indentures,
849-13 mortgages, deeds of trust, or other forms of encumbrances to
849-14 evidence those liens <same>. The <Said> bonds may be issued to
849-15 mature serially or otherwise not to exceed 50 years from their
849-16 date. In the authorization of any of those <such> bonds, the
849-17 <each> board, city council or commission, or <the> commissioners
849-18 court may provide for the subsequent issuance of additional parity
849-19 bonds, or subordinate lien bonds, or other types of bonds, under
849-20 the <such> terms <or conditions as may be> set forth in the
849-21 resolution or order authorizing the issuance of the <said> bonds,
849-22 all within the discretion of the board, city council or commission,
849-23 or commissioners court. The <Said> bonds<, and any interest
849-24 coupons appertaining thereto, shall be negotiable instruments
849-25 (provided that such bonds may be issued registrable as to principal
849-26 alone or as to both principal and interest), and shall be executed,
849-27 and> may be made redeemable before <prior to> maturity. The bonds
850-1 <, and may be issued in such form, denominations, and manner, and
850-2 under such terms, conditions, and details, and> may be sold in the
850-3 <such> manner, at the <such> price, and under the <such> terms<,
850-4 and said bonds shall bear interest at such rates, as shall be
850-5 determined and> provided by the board, city council or commission,
850-6 or commissioners court in the resolution or order authorizing the
850-7 issuance of the <said> bonds. If <so> permitted by <in> the bond
850-8 resolution or order, any required part of the proceeds from the
850-9 sale of the bonds may be:
850-10 (1) used for paying interest on the bonds <thereon>
850-11 during the period of the construction of any facilities to be
850-12 provided through the issuance of the <said> bonds;
850-13 (2) used for paying the<, and for the payment of>
850-14 operation and maintenance expenses of <said> facilities to the
850-15 extent<,> and for the period <of time,> specified in the <said>
850-16 bond resolution;
850-17 (3) used for creating<, and also for the creation of>
850-18 reserves for the payment of the principal of and interest on the
850-19 bonds; or
850-20 (4) <and such moneys may be> invested, until needed,
850-21 to the extent<,> and in the manner provided<,> in the <said> bond
850-22 resolution or order.
850-23 Sec. 45.033 <20.23>. RENTALS, RATES, AND CHARGES. The
850-24 board, city council or commission, or commissioners court may set
850-25 <shall be authorized to fix> and collect rentals, rates, and
850-26 charges<,> from students and others for the occupancy or use of any
850-27 of the <said> facilities, in the <such> amounts and <in such>
851-1 manner <as may be> determined by the <such> board, city council or
851-2 commission, or commissioners court.
851-3 Sec. 45.034 <20.24>. PLEDGE OF REVENUES. The board, city
851-4 council or commission, or commissioners court may <shall be
851-5 authorized to> pledge all or any part of any of its revenues from
851-6 the <aforesaid> facilities to the payment of any bonds issued under
851-7 this subchapter <hereunder>, including the payment of principal,
851-8 interest, and any other amounts required or permitted in connection
851-9 with the <said> bonds. If <When any of the> revenues from the
851-10 <said> facilities are pledged to the payment of bonds, the rentals,
851-11 rates and charges for the occupancy or use of the facilities must
851-12 <thereof shall> be fixed and collected in <such> amounts <as will
851-13 be> at least sufficient to provide for all payments of principal,
851-14 interest, and any other amounts required in connection with the
851-15 <said> bonds, and, to the extent required by the resolution or
851-16 order authorizing the issuance of the <said> bonds, to provide for
851-17 the payment of operation, maintenance, and other expenses.
851-18 Sec. 45.035 <20.25>. REFUNDING BONDS. Revenue <Any revenue>
851-19 bonds issued by a <any such> board, city council or commission, or
851-20 commissioners court under this subchapter<,> and <any> revenue
851-21 bonds issued by a <any such> board, city council or commission, or
851-22 commissioners court under <any> other law <Texas statute> and
851-23 payable from revenues from <any such> facilities described by
851-24 Section 45.031 may be refunded or otherwise refinanced by the <such
851-25 governing> board, city council or commission, or commissioners
851-26 court, and in that <such> case all <pertinent and> appropriate
851-27 provisions of this subchapter apply <shall be fully applicable> to
852-1 the <such> refunding bonds. In refunding or otherwise refinancing
852-2 any such bonds, the board, city council or commission, or
852-3 commissioners court may, in the same authorizing proceedings,
852-4 refund or refinance bonds issued pursuant to this code and bonds
852-5 issued pursuant to any other law, may <such Texas statute and>
852-6 combine all <said> refunding bonds and any other additional new
852-7 bonds to be issued under this chapter <pursuant hereto> into one or
852-8 more issues or series of bonds, and may provide for the subsequent
852-9 issuance of additional parity bonds, or subordinate lien bonds, or
852-10 other type of bonds. All refunding bonds must <shall> be issued
852-11 and delivered under the <such> terms <and conditions as may be> set
852-12 forth in the authorizing proceedings.
852-13 Sec. 45.036 <20.26>. EXAMINATION OF BONDS BY <THE> ATTORNEY
852-14 GENERAL. All bonds issued pursuant to this subchapter, and the
852-15 appropriate proceedings authorizing their issuance, shall be
852-16 submitted to the attorney general <of Texas> for examination. <If
852-17 he finds that such bonds have been authorized in accordance with
852-18 law he shall approve them, and thereupon they shall be registered
852-19 by the comptroller of public accounts of Texas; and after such
852-20 approval and registration such bonds shall be incontestable in any
852-21 court, or other forum, for any reason, and shall be valid and
852-22 binding obligations in accordance with their terms for all
852-23 purposes.>
852-24 <Sec. 20.27. BONDS ELIGIBLE AS INVESTMENTS AND SECURITY.
852-25 All bonds issued pursuant to this subchapter shall be legal and
852-26 authorized investments for all banks, trust companies, building and
852-27 loan associations, savings and loan associations, small business
853-1 investment corporations, insurance companies of all kinds and
853-2 types, fiduciaries, trustees, and guardians, and for all interest
853-3 and sinking funds and other public funds of Texas and all agencies,
853-4 subdivisions, and instrumentalities thereof, including all
853-5 counties, cities, towns, villages, school districts, and all other
853-6 kinds and types of districts, public agencies and bodies politic.
853-7 Said bonds also shall be eligible and lawful security for all
853-8 deposits of public funds of Texas and all agencies, subdivisions,
853-9 and instrumentalities thereof, including all counties, cities,
853-10 towns, villages, school districts, and all other kinds and types of
853-11 districts, public agencies, and bodies politic, to the extent of
853-12 the market value of said bonds, when accompanied by any unmatured
853-13 interest coupons appurtenant thereto.>
853-14 (Sections 45.037-45.050 reserved for expansion
853-15 SUBCHAPTER C <E>. GUARANTEED BONDS
853-16 Sec. 45.051 <20.901>. DEFINITIONS. In this subchapter:
853-17 (1) "Board" means the State Board of Education.
853-18 (2) <"Commissioner" means the commissioner of
853-19 education.>
853-20 <(3) "Fund" means the permanent school fund.>
853-21 <(4)> "Paying agent" means the financial institution
853-22 that is designated by a school district as its agent for the
853-23 payment of the principal of and interest on guaranteed bonds.
853-24 Sec. 45.052 <20.902>. GUARANTEE. On approval by the
853-25 commissioner, bonds issued under Subchapter A <of this chapter>,
853-26 including refunding bonds, are guaranteed by the corpus and income
853-27 of the permanent school fund.
854-1 Sec. 45.053 <20.903>. LIMITATION; VALUE ESTIMATES. (a) The
854-2 commissioner may not approve bonds for guarantee if the approval
854-3 would result in the total amount of outstanding guaranteed bonds
854-4 exceeding an amount equal to two times the cost value or market
854-5 value, whichever is less, of the permanent school fund, exclusive
854-6 of real estate, as estimated by the board and certified by the
854-7 state auditor <State Auditor>.
854-8 (b) Each year, the state auditor <State Auditor> shall
854-9 analyze the status of guaranteed bonds as compared to the cost
854-10 value and market value of the permanent school fund. Based on that
854-11 analysis, the state auditor <State Auditor> shall certify whether
854-12 the amount of bonds guaranteed is within the limit prescribed by
854-13 this section.
854-14 (c) The commissioner shall prepare and the board shall adopt
854-15 an annual report on the status of the guaranteed bond program.
854-16 Sec. 45.054 <20.904>. ELIGIBILITY. To be eligible for
854-17 approval by the commissioner, bonds must be issued under Subchapter
854-18 A <of this chapter> or under Chapter 503, Acts of the 54th
854-19 Legislature, 1955 (Article 717k, Vernon's Texas Civil Statutes), by
854-20 a <an accredited> school district that holds a charter issued under
854-21 Chapter 11.
854-22 Sec. 45.055 <20.905>. APPLICATION FOR GUARANTEE. (a) A
854-23 school district seeking the guarantee of eligible bonds shall apply
854-24 to the commissioner.
854-25 (b) The application must include:
854-26 (1) the name of the school district and the principal
854-27 amount of the bonds to be issued;
855-1 (2) the name and address of the district's paying
855-2 agent for those bonds; and
855-3 (3) the maturity schedule, estimated interest rate,
855-4 and date of the bonds.
855-5 (c) The application must be accompanied by a fee set by rule
855-6 of the board in an amount designed to cover the costs of
855-7 administering the guarantee program.
855-8 Sec. 45.056 <20.906>. INVESTIGATION. (a) Following receipt
855-9 of an application for the guarantee of bonds, the commissioner
855-10 shall conduct an investigation of the applicant school district in
855-11 regard to:
855-12 (1) the status of the district's charter
855-13 <accreditation>; and
855-14 (2) the total amount of outstanding guaranteed bonds.
855-15 (b) If following the investigation the commissioner is
855-16 satisfied that the school district's bonds should be guaranteed
855-17 under this subchapter, the commissioner shall endorse the bonds.
855-18 Sec. 45.057 <20.907>. GUARANTEE ENDORSEMENT. (a) The
855-19 commissioner shall endorse bonds approved for guarantee with:
855-20 (1) the commissioner's <his> signature or a facsimile
855-21 of the commissioner's <his> signature; and
855-22 (2) a statement relating the constitutional and
855-23 statutory authority for the guarantee.
855-24 (b) The guarantee is not effective unless the attorney
855-25 general approves the bonds under Section 45.005 <20.06 of this
855-26 code>.
855-27 Sec. 45.058 <20.908>. NOTICE OF DEFAULT. Immediately
856-1 following a determination that a school district will be or is
856-2 unable to pay maturing or matured principal or interest on a
856-3 guaranteed bond, but not later than the fifth day before maturity
856-4 date, the school district shall notify the commissioner.
856-5 Sec. 45.059 <20.909>. PAYMENT FROM PERMANENT SCHOOL FUND.
856-6 (a) Immediately following receipt of notice under Section 45.058
856-7 <20.908 of this code>, the commissioner shall instruct the
856-8 comptroller to transfer <cause to be transferred> from the
856-9 appropriate account in the permanent school fund to the district's
856-10 paying agent the amount necessary to pay the maturing or matured
856-11 principal or interest.
856-12 (b) Immediately following receipt of the funds for payment
856-13 of the principal or interest, the paying agent shall pay the amount
856-14 due and forward the canceled bond or coupon to the state treasurer
856-15 <State Treasurer>. The state treasurer <State Treasurer> shall
856-16 hold the canceled bond or coupon on behalf of the permanent school
856-17 fund.
856-18 (c) Following full reimbursement to the permanent school
856-19 fund with interest, the state treasurer <State Treasurer> shall
856-20 further cancel the bond or coupon and forward it to the school
856-21 district for which payment was made.
856-22 Sec. 45.060 <20.910>. BONDS NOT ACCELERATED ON DEFAULT. If
856-23 a school district fails to pay principal or interest on a
856-24 guaranteed bond when it matures, other amounts not yet mature are
856-25 not accelerated and do not become due by virtue of the school
856-26 district's default.
856-27 Sec. 45.061 <20.911>. REIMBURSEMENT OF PERMANENT SCHOOL
857-1 FUND. (a) If the commissioner orders payment from the permanent
857-2 school fund on behalf of a school district, the commissioner <he>
857-3 shall direct the comptroller <of public accounts> to withhold the
857-4 amount paid, plus interest, from the first state money payable to
857-5 the school district. The amount withheld shall be deposited to the
857-6 credit of the permanent school fund.
857-7 (b) In accordance with the rules of the board, the
857-8 commissioner may authorize reimbursement to the permanent school
857-9 fund with interest in a manner other than that provided by this
857-10 section.
857-11 Sec. 45.062 <20.912>. REPEATED DEFAULTS. (a) If two or
857-12 more payments from the permanent school fund are made on the
857-13 guaranteed bonds of a school district and the commissioner
857-14 determines that the school district is acting in bad faith under
857-15 the guarantee, the commissioner may request the attorney general to
857-16 institute appropriate legal action to compel the school district
857-17 and its officers, agents, and employees to comply with the duties
857-18 required of them by law in regard to the bonds.
857-19 (b) Jurisdiction of proceedings under this section is in
857-20 district court in Travis County.
857-21 Sec. 45.063 <20.913>. RULES. The board may adopt rules
857-22 necessary for the administration of the bond guarantee program.
857-23 (Sections 45.064-45.080 reserved for expansion
857-24 SUBCHAPTER D <F>. SALE OF SURPLUS REAL PROPERTY; REVENUE BONDS
857-25 Sec. 45.081 <20.921>. DEFINITIONS. In this subchapter:
857-26 (a) "District" means an independent school district
857-27 <functioning under this code>.
858-1 (b) "Board" means the governing body of a district.
858-2 (c) "Real property" means any interest in land, <and
858-3 all> buildings, or <and> fixtures permanently attached to buildings
858-4 <thereto and any interest therein>.
858-5 (d) "Bonds" includes <means bonds,> notes, contracts,
858-6 and any other evidences of an obligation to pay a sum of money.
858-7 Sec. 45.082 <20.922>. SALE OF PROPERTY; REVENUE BONDS.
858-8 (a) The board of a district may sell real property owned by the
858-9 district and issue revenue bonds payable from the proceeds of the
858-10 sale subject to <the requirements of> this section.
858-11 (b) The board must <find and> determine by order <duly
858-12 passed> that the real property is <surplus to and> not required for
858-13 the <then> current needs of the district for educational purposes,
858-14 and the proceeds from the sale are required and will be used for
858-15 <one or more of the following>:
858-16 (1) <the> constructing or equipping <of> school
858-17 buildings in the district or purchasing <the purchase of any>
858-18 necessary sites for school buildings <therefor>; or
858-19 (2) paying the <the payment of> principal of and
858-20 interest and premium on any bonds issued pursuant to this
858-21 subchapter.
858-22 (c) The real property may be sold for the <such> price and
858-23 on the <upon such> terms <and conditions as are found and>
858-24 determined by order of <duly passed by> the board to be most
858-25 advantageous to the district. The<, and the> sale may be made
858-26 pursuant to an installment sale agreement or contract or any other
858-27 method. The sale must be for cash and all payments for the real
859-1 property must be scheduled to be paid not more than 10 years after
859-2 the date of execution of the agreement or contract of sale. Real
859-3 <No real> property may not <shall> be sold for less than an
859-4 aggregate price equal to its fair market value as determined by an
859-5 appraisal obtained by the district not more than 180 days before
859-6 <prior to> the publication of the notice required by <Subdivision
859-7 (3) of> Subsection (d)(3). The <of this section, which> appraisal
859-8 is <shall be> conclusive of the fair market value of the property
859-9 <thereof> for <the> purposes of this subchapter.
859-10 (d) Before <Prior to> selling or executing any agreement or
859-11 contract for the sale of the real property, the board shall:
859-12 (1) determine which real estate is proposed to be
859-13 sold;
859-14 (2) determine the scope of the terms on <and
859-15 conditions upon> which it will consider selling the real property,
859-16 and, if the sale price is to be paid in installments, require the
859-17 purchasers of the real property to secure the payment of the sale
859-18 price by escrowing collateral acceptable to the board such as a
859-19 letter of credit, United States government bonds, or any other
859-20 generally recognized form of guarantee or security;
859-21 (3) publish a notice to prospective purchasers at
859-22 least two weeks before <prior to> the date set for receiving
859-23 proposals in a real estate journal and in at least two newspapers
859-24 of general circulation in the district, requesting sealed written
859-25 proposals from prospective purchasers to purchase the real property
859-26 and including <, such notice to include> the scope of the terms
859-27 <and conditions> of sale that <which> will be considered, and the
860-1 time, date, and place where the proposals will be received; and
860-2 (4) <find and> determine by order of <duly passed by>
860-3 the board which sealed written proposal is most advantageous to the
860-4 district, and accept that <such> proposal, or reject all proposals
860-5 if considered <deemed> advisable.
860-6 (e) Except as provided by this subsection, the sale must
860-7 have been previously approved by a majority of the qualified voters
860-8 of the district voting at an election held in the district at which
860-9 a proposition to ascertain approval is submitted. An <No such>
860-10 election is not required if the board <finds and> determines by
860-11 order <duly passed> that the proceeds from the sale of the real
860-12 property are required and will be used for <the> constructing or
860-13 equipping or for paying the <payment or> principal of, and interest
860-14 and premium, if any, on bonds issued pursuant to this subchapter
860-15 for the purpose of constructing or equipping a school building that
860-16 <or school buildings which> is <or are> to be constructed pursuant
860-17 to <or in accordance with> an order or judgment entered by a United
860-18 States District Judge in any action or cause in which the district
860-19 is a party.
860-20 Sec. 45.083 <20.923>. OTHER LAWS NOT APPLICABLE. Section
860-21 272.001, Local Government Code, Chapter 26, Parks and Wildlife
860-22 Code, and all other general laws <affecting or> pertaining to the
860-23 sale of public property do <shall> not apply to sales of real
860-24 property pursuant to this subchapter.
860-25 Sec. 45.084 <20.924>. CONTRACTS. The district may <is
860-26 authorized to> execute contracts for <the> constructing or
860-27 equipping <of> school buildings in the district or for purchasing
861-1 <the purchase of> any necessary sites for school buildings
861-2 <therefor> in the manner provided by law. If any <such> contract
861-3 recites that payments under the contract <thereunder> are to be
861-4 made either from the proceeds from the sale of real property under
861-5 an installment sale agreement or any similar method pursuant to
861-6 this subchapter or from proceeds from the sale of bonds issued
861-7 pursuant to this subchapter, then the contract may be made payable
861-8 in installments to correspond with the receipt by the district
861-9 either of proceeds under the sale agreement or proceeds from the
861-10 sale of any <such> bonds <which are> to be issued and delivered in
861-11 more than one issue, series, or installment, and the contract is
861-12 not a prohibited debt or indebtedness of the district if the
861-13 payments under the contract <thereunder> are required to be made
861-14 solely from the proceeds from the <such> sale of real property or
861-15 the <such> bonds.
861-16 Sec. 45.085 <20.925>. BOND REQUIREMENTS. (a) In addition
861-17 to the <foregoing> powers granted <and authorized> by this
861-18 subchapter, any board, for and on behalf of its district, may<, at
861-19 its option,> issue, sell, and deliver revenue bonds of its district
861-20 from time to time and in one or more issues, series, or
861-21 installments, with the principal of and interest and premium, if
861-22 any, on the <such> bonds<,> to be payable from and secured by liens
861-23 on and pledges of all or any part of any of the revenue, income,
861-24 payments, or receipts derived by the district from the sale of real
861-25 property pursuant to this subchapter, and those <such> amounts may
861-26 be pledged by the district to the payment of the principal of and
861-27 interest and premium, if any, on such bonds, subject to <the
862-1 requirements of> this section.
862-2 (b) Bonds must be issued by an order of <duly passed by> the
862-3 board <(a "bond order")>.
862-4 (c) The bonds must be issued for the purpose of constructing
862-5 or equipping school buildings in the district or purchasing <the
862-6 purchase of any> necessary sites for school buildings <therefor>.
862-7 (d) The bonds shall mature, come due, or be payable
862-8 serially, in installments, or otherwise, within not to exceed 90
862-9 days after the last date on <upon> which the final payment is due
862-10 to the district from the sale of the real property. The<, and
862-11 provisions may be made in the> bond order may provide for the
862-12 subsequent issuance of additional parity bonds, or subordinate lien
862-13 bonds, under any terms <or conditions that may be> set forth in the
862-14 bond order.
862-15 (e) The bonds may be executed, made redeemable before <prior
862-16 to> maturity or due date, and be issued in the <such> form,
862-17 denominations, and manner<,> and under the <such> terms provided in
862-18 the bond order. The bonds<, conditions, and details, and> may be
862-19 sold in the <such> manner, at the <such> price, and under the
862-20 <such> terms<,> and <the bonds> may bear interest at the <such>
862-21 rates<, all as shall be determined and> provided in the bond order.
862-22 (f) If so provided in any bond order, the proceeds from the
862-23 sale of the bonds may be used for paying interest on the bonds
862-24 during the period of constructing or equipping any school buildings
862-25 to be provided through the issuance of the bonds or for creating a
862-26 reserve fund for the payment of principal and interest on the
862-27 bonds. The<, and such> proceeds may be placed on time deposit, in
863-1 certificates of deposit, or invested, until needed, <all> to the
863-2 extent and in the manner provided in any bond order. The<, and
863-3 such> proceeds also may be used for paying the costs and expenses
863-4 of issuing the bonds and selling the real property.
863-5 (g) The bonds may <shall> be payable only from the revenues
863-6 described by Subsection (a) <above> and may <shall> not be payable
863-7 or paid from any taxes levied and collected in the district.
863-8 (h) Chapter 503, Acts of the 54th Legislature, Regular
863-9 Session, 1955 (Article 717k, Vernon's Texas Civil Statutes) <(and
863-10 particularly Section 7A thereof), with respect to refunding>,
863-11 Chapter 3, Acts of the 61st Legislature, Regular Session, 1969
863-12 (Article 717k-2, Vernon's Texas Civil Statutes), <with respect to
863-13 interest rates,> and the Bond Procedures Act of 1981 (Article
863-14 717k-6, Vernon's Texas Civil Statutes), apply <with respect to bond
863-15 procedures, all being statutes of general application to all bonds,
863-16 shall be applicable> to bonds issued pursuant to this subchapter.
863-17 (i) If bonds are issued pursuant to this subchapter, the
863-18 bonds, along with the appropriate proceedings authorizing their
863-19 issuance, and the sale agreement the proceeds from which they are
863-20 payable shall be submitted to the attorney general <Attorney
863-21 General of Texas> for examination. If <he finds that the bonds
863-22 have been authorized and the sale agreement has been executed, in
863-23 accordance with law, he shall approve the bonds and the sale
863-24 agreement, and thereupon the bonds shall be registered by the
863-25 comptroller of public accounts of Texas, and after such approval
863-26 and registration the bonds and sale agreement shall be valid,
863-27 binding, and enforceable obligations in accordance with their terms
864-1 and provisions for all purposes, and they shall be incontestable in
864-2 any court or other forum for any reason. It is specifically
864-3 provided, however, that if>, after the initial issuance of any
864-4 bonds under this subchapter payable from the proceeds of a
864-5 particular sale agreement, one or more subsequent issues, series,
864-6 or installments of bonds are issued as additional parity bonds, on
864-7 a parity with the initial bonds and payable from the proceeds of
864-8 that sale agreement, then, at the option of the board, the
864-9 subsequent issues, series, or installments of bonds need not be
864-10 submitted to the attorney general or approved by the attorney
864-11 general <him> or registered by the comptroller <of public
864-12 accounts>, and the subsequent bonds are, on <shall, upon> delivery
864-13 of <thereof> and payment for the bonds <therefor>, <be> valid<,
864-14 binding, enforceable,> and incontestable in the same manner and
864-15 with the same effect as if they had been approved by the attorney
864-16 general and registered by the comptroller <of public accounts> as
864-17 were the initial bonds.
864-18 Sec. 45.086 <20.926>. LIBERAL CONSTRUCTION. This subchapter
864-19 shall be construed liberally to accomplish <effectuate> the
864-20 legislative intent and the purposes of the subchapter, and all
864-21 powers <herein> granted by this subchapter shall be broadly
864-22 interpreted to accomplish that <effectuate such> intent and those
864-23 purposes and not as a limitation of powers.
864-24 Sec. 45.087 <20.927>. OTHER POWERS UNRESTRICTED. This
864-25 subchapter does not restrict the power of a school district to sell
864-26 property or issue bonds as provided by other law.
864-27 (Sections 45.088-45.100 reserved for expansion
865-1 SUBCHAPTER E <C>. MISCELLANEOUS PROVISIONS
865-2 Sec. 45.101 <20.41>. <PROCEEDS;> USE OF BOND PROCEEDS FOR
865-3 UTILITY <WATER, SEWER OR GAS> CONNECTIONS. The proceeds of
865-4 <Whenever> bonds <are hereafter voted and> issued by school
865-5 districts for the <statutory purpose of> construction and
865-6 equipment of school buildings in the district and the purchase of
865-7 the necessary sites for school buildings <therefor, the bond
865-8 proceeds> may be used, among other things, to pay the cost of
865-9 acquiring, laying, and installing pipes or lines to connect with
865-10 the water, sewer, or gas lines of a municipality <an incorporated
865-11 city or town, including home rule cities, or other municipal
865-12 corporation,> or private utility company, <(>whether or not the
865-13 water, sewer, or gas lines <of such city, town, or other municipal
865-14 corporation> adjoin the school <site or sites)>, so that the school
865-15 district may provide <afford> its public <free> school buildings
865-16 <of> the water, sewer, or gas services <offered by such city, town,
865-17 or other municipal corporation, or private utility company>.
865-18 Sec. 45.102 <20.42>. INVESTMENT OF BOND PROCEEDS IN
865-19 OBLIGATIONS OF UNITED STATES OR INTEREST-BEARING<; INTEREST
865-20 BEARING> SECURED TIME BANK DEPOSITS. (a) A <From and after the
865-21 effective date of this code, any> school district that <within the
865-22 state which> has <or may have> on hand <any sums of money which
865-23 are> proceeds received from the issuance <issue> and sale of bonds
865-24 or certificates of indebtedness of the <any such school> district
865-25 that<, either before or after the effective date of this code,
865-26 which proceeds> are not immediately needed for the purposes for
865-27 which the <such> bonds or certificates of indebtedness were issued
866-1 and sold, may, on <upon> order of the board of trustees:
866-2 (1) <of such school district,> place the proceeds <of
866-3 such bonds or certificates of indebtedness> on interest-bearing
866-4 <interest bearing> time deposit, secured in the manner provided by
866-5 <in> Section 45.208 <23.79 of this code>, with a state or national
866-6 banking corporation in <within> this state the deposits of which
866-7 are insured by the Federal Deposit Insurance Corporation; <,> or
866-8 (2) invest the proceeds <of such bonds or certificates
866-9 of indebtedness> in bonds <of the United States of America> or <in>
866-10 other obligations of the United States.
866-11 (b) Interest-bearing <of America, as may be determined by
866-12 the board of trustees of the school district; but such interest
866-13 bearing> secured time deposits or bonds or other obligations of the
866-14 United States in which proceeds of bonds or certificates of
866-15 indebtedness are placed or invested must <of America shall> be of a
866-16 type that <which> cannot be cashed, sold, or redeemed for an amount
866-17 less than the sum deposited or invested <therein> by the <such>
866-18 school district.
866-19 (c) When the<; and when such> sums <so> placed or <so>
866-20 invested by a school district are needed for the purposes for which
866-21 the bonds or certificates of indebtedness of the school district
866-22 were originally authorized, issued, and sold:
866-23 (1) the<, such> time deposits or bonds or other
866-24 obligations of the United States <of America> in which the <such>
866-25 sums have been placed or invested shall be cashed, sold, or
866-26 redeemed; and
866-27 (2) the proceeds <thereof> shall be used for the
867-1 purposes for which the bonds or certificates of indebtedness of the
867-2 school district were originally authorized, issued, and sold.
867-3 Sec. 45.103 <20.43>. INTEREST-BEARING <INTEREST BEARING>
867-4 TIME WARRANTS. (a) Any school district <in the State of Texas> in
867-5 need of funds to repair or renovate school buildings,<;> purchase
867-6 school buildings and school equipment, or<; to> equip school
867-7 properties with necessary heating, water, sanitation, lunchroom, or
867-8 <and> electric facilities<;> or in need of funds with which to
867-9 employ a person who has <an individual firm or corporation deemed
867-10 to have> special skill and experience to compile taxation data <for
867-11 use by its board of equalization;> and that <said school district>
867-12 is financially unable out of available funds to make the <such>
867-13 repairs or<,> renovations of school buildings, purchase school
867-14 buildings, purchase school equipment, or <to> equip school
867-15 properties with necessary heating, water, sanitation, lunchroom, or
867-16 electric facilities or is unable to pay the person <such individual
867-17 or corporation> for compiling taxation data <the performance of the
867-18 professional duties hereinabove mentioned>, may, subject to this
867-19 section <the provisions hereof>, issue interest-bearing time
867-20 warrants, in amounts sufficient to make the <such> purchase or
867-21 <and> improvements or<,> to pay all or part of the compensation of
867-22 the person <such individual, firm or corporation> to compile
867-23 taxation <such> data, any law to the contrary notwithstanding. The
867-24 <Such> warrants shall mature in serial installments of not more
867-25 than five years from their date of issue<, and to bear interest at
867-26 a rate not to exceed the maximum rate provided by Section 2(a),
867-27 Chapter 3, Acts of the 61st Legislature, Regular Session, 1969
868-1 (Article 717k-2, Vernon's Texas Civil Statutes)>. The <Such>
868-2 warrants on <shall upon> maturity may be payable out of any
868-3 available funds of the <such> school district in the order of their
868-4 maturity dates. Any <such> interest-bearing time warrants <so
868-5 issued> may be issued and sold by the <such> district for not less
868-6 than their face value, and the proceeds <thereof> used to provide
868-7 funds required for the purpose for which they are issued. The
868-8 <Such> warrants shall be entitled to first <and prior> payment out
868-9 of any available funds of the <such> district as they become due.
868-10 Included in the <such> purposes for which interest-bearing time
868-11 warrants may be issued is the payment of any amounts owed by the
868-12 <said> school district that <districts, which indebtedness> was
868-13 incurred in carrying out any of those <such> purposes.
868-14 (b) Interest-bearing <No such interest-bearing> time
868-15 warrants may not <shall> be issued or sold by a common school
868-16 district or rural high school district until they are <the same
868-17 shall have been> approved by the county board of school trustees.
868-18 The<; and said> board shall, on <upon> application of the <such>
868-19 school district, inquire into the financial conditions and needs of
868-20 the <such> district, and may <shall> not approve the issuance of
868-21 <such> interest-bearing time warrants unless in its opinion the
868-22 <said> district:
868-23 (1) is in need of repairing or renovating a <such
868-24 repair and renovation of> school building, obtaining the <and>
868-25 school equipment, or equipping <and to equip> school properties
868-26 with necessary heating, water, sanitation, lunchroom, or <and>
868-27 electric facilities;<,> and
869-1 (2) will be able with the resources in prospect to
869-2 liquidate the <said> warrants at their maturity.
869-3 (c) A <No> school district may not <in the State of Texas
869-4 shall> issue <such> interest-bearing time warrants in excess of
869-5 five percent of the assessed valuation of the district<,> for the
869-6 year in which the <such interest-bearing time> warrants are issued.
869-7 The<; nor shall the> payment of <such> interest-bearing time
869-8 warrants in any one year may not exceed the anticipated surplus
869-9 income of the district for the year in which the warrants are
869-10 issued, based<. Based> on the budget of the district for that
869-11 <said> year<, such anticipated income to be computed by taking the
869-12 entire expected income of such school district from every source
869-13 for the year in which such interest-bearing time warrants are
869-14 issued, less teachers' salaries, bus aid included in the foundation
869-15 fund, and that part of the local maintenance tax earmarked for
869-16 salaries and known in the Gilmer-Aiken Law as the economic index or
869-17 fund assignment>. The anticipated income computed under this
869-18 section is <computation as herein defined shall be> exclusive of
869-19 all bond taxes. A <No> school district may not <shall> have
869-20 outstanding at any one time warrants totaling in excess of $120,000
869-21 under <the provisions of> this section.
869-22 (d) If <In every instance wherein interest-bearing time
869-23 warrants or other evidence of indebtedness have been issued by
869-24 school districts within the State of Texas for any of the purposes
869-25 herein provided for, the act of the board of trustees, and/or
869-26 governing board of such district in issuing such interest-bearing
869-27 time warrants are each and all hereby expressly validated. The
870-1 indebtedness thus attempted to be created by such action is hereby
870-2 declared to be the indebtedness of such district and shall be paid
870-3 out of available funds as herein provided.>
870-4 <(e) Whenever any such> interest-bearing time warrants <have
870-5 been> issued under this section are<, and so long as any of them
870-6 may be> outstanding, the officer in charge of the collection of
870-7 delinquent taxes shall pay those collections <the same> to the
870-8 legal depository of the district, to be deposited and held in a
870-9 special fund for the payment of the <such> interest-bearing time
870-10 warrants, and except as <herein> otherwise provided by this
870-11 section, collections of delinquent taxes may not<, no part thereof
870-12 shall> be applied or used for any other purpose.
870-13 (e) <(f)> Interest and penalties on delinquent taxes are
870-14 considered <shall be deemed> a part of those <such> taxes for
870-15 purposes <the purpose> of this section. If <Should> any delinquent
870-16 taxes, including interest and penalties, are <be> cancelled,
870-17 waived, released, or reduced either by the <such> school district
870-18 or in any other way, with or without its consent, the amount of the
870-19 loss <so> sustained shall be paid by the district to the special
870-20 fund provided for by Subsection (d) <herein> out of funds not
870-21 otherwise pledged to that <such> special fund.
870-22 (f) <(g)> All school districts issuing interest-bearing time
870-23 warrants may <shall have the power to fix lien on and> encumber and
870-24 mortgage any <and all> property purchased with the proceeds of the
870-25 <such> warrants or<, and to fix a lien on and encumber> any
870-26 property, including teachers' residences, <teacherages> owned by
870-27 the district to secure the payment of legally incurred obligations,
871-1 except that<. Provided, however, there shall never be> a <valid>
871-2 lien may not be placed <authorized or fixed> on any school building
871-3 in which <wherein> actual classroom instruction of students <pupils
871-4 attending such school> is <being carried on or> conducted.
871-5 (g) In this section, <(h) The word> "interest-bearing time
871-6 warrant" includes a <as used in this section means> promissory
871-7 note<, interest-bearing time warrant, obligation> or other evidence
871-8 of indebtedness issued under this section.
871-9 (h) <(i)> Taxes levied <in any year> to pay principal and
871-10 interest of bonds that are <and which taxes subsequently become>
871-11 delinquent are <for the purpose of this section, shall> not <be>
871-12 included in the term <taxes or revenues or> delinquent taxes as
871-13 <herein> used in this section.
871-14 Sec. 45.104 <20.45>. Pledge of Delinquent Taxes as Security
871-15 for Loan. (a) The board of trustees of any school district may
871-16 <of Texas is hereby authorized to> pledge its delinquent <school>
871-17 taxes levied for <local> maintenance purposes for specific school
871-18 years as security for a loan, and the <such> delinquent taxes
871-19 pledged shall be applied against the principal and interest of the
871-20 loan as they are collected.
871-21 (b) A school district may not pledge <Provided, there shall
871-22 be no pledging of> delinquent taxes levied for school bonds as
871-23 security for a loan <for purposes herein set out>.
871-24 (c) Funds secured through <such> loans secured by delinquent
871-25 taxes may be employed for any legal maintenance expenditure or
871-26 purpose of the school district.
871-27 (d) A loan secured by delinquent taxes <Provided further,
872-1 that such loans> may bear interest at a rate not to exceed the
872-2 maximum rate provided by Section 2(a), Chapter 3, Acts of the 61st
872-3 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
872-4 Civil Statutes).
872-5 Sec. 45.105 <20.48>. Authorized Expenditures. (a) The
872-6 public <free> school funds may <shall> not be spent <expended>
872-7 except as provided by <in> this section.
872-8 (b) The state and county available funds may <shall> be used
872-9 only <exclusively> for the payment of teachers' and
872-10 superintendents' salaries<, fees for taking the scholastic census,>
872-11 and interest on money borrowed on short time to pay those salaries
872-12 that <of teachers and superintendents, when these salaries> become
872-13 due before the school funds for the current year become available.
872-14 Loans<; provided that no loans> for the purpose of payment of
872-15 teachers may not <shall> be paid out of funds other than those for
872-16 the <then> current year.
872-17 (c) Local school funds from district taxes, tuition fees of
872-18 students <pupils> not entitled to a free education, <tuition> and
872-19 other local sources may be used for the purposes listed
872-20 <enumerated> for state and county funds and for purchasing
872-21 appliances and supplies, paying <for the payment of> insurance
872-22 premiums, paying janitors and other employees, <for> buying school
872-23 sites, buying, building, <and> repairing, and renting school
872-24 buildings <houses>, including acquiring <acquisition of> school
872-25 buildings <houses> and sites by leasing <same> through annual
872-26 payments with an ultimate option to purchase, and paying for other
872-27 goods and services <purposes> necessary in the conduct of the
873-1 public schools <to be> determined by the board of trustees. The<,
873-2 the> accounts and vouchers for county districts must <to> be
873-3 approved by the county superintendent. If<; provided, that when>
873-4 the state available school fund in any municipality <city> or
873-5 district is sufficient to maintain the schools <thereof> in any
873-6 year for at least eight months<,> and leave a surplus, the <such>
873-7 surplus may be spent <expended> for the purposes listed in this
873-8 subsection <mentioned herein>.
873-9 (d) An <All> independent school district that has in its
873-10 <districts having within their> limits a municipality <city> with a
873-11 population of 150,000 or more <according to the last preceding
873-12 federal census,> or that contains <embracing> at least 170 square
873-13 miles, has <of territory, having> $850 million or more assessed
873-14 value of taxable property on the most recent <latest> approved tax
873-15 roll<,> and has <having> a growth in <student> average daily
873-16 attendance of 11 percent or more for each of the preceding five
873-17 years as determined by the agency may <Central Education Agency,
873-18 shall, in addition to the powers now possessed by them for the use
873-19 and expenditure of local school funds and for the issuance of
873-20 school bonds, be expressly authorized and empowered, at the option
873-21 of the governing body of any such school district>, in <the> buying
873-22 <of> school sites or <and/or> additions to school sites and in
873-23 <the> building <of> school buildings <houses>, <to> issue and
873-24 deliver negotiable or nonnegotiable notes <of the school district,
873-25 negotiable or non-negotiable in form,> representing all or <a> part
873-26 of the <purchase price or> cost to the school district of the land
873-27 or <and/or> building. The district may <so purchased or built, and
874-1 to> secure the <such> notes by a vendor's lien or <and/or> deed of
874-2 trust lien against the <such> land or <and/or> building. By<, and,
874-3 by> resolution or order of the governing body <of the school
874-4 district> made at or before the delivery of the <such> notes, the
874-5 district may <to> set aside and appropriate as a trust fund, and
874-6 the sole and only fund, for the payment of the principal of and
874-7 interest on the <such> notes that <such> part <and portion> of the
874-8 local school funds, levied and collected by the school district in
874-9 that year or <and/or> subsequent years, as the governing body
874-10 determines. The <of the school district may determine, provided
874-11 that in no event shall the> aggregate amount of local school funds
874-12 set aside in or for any subsequent year for the retirement of the
874-13 <such> notes may not exceed, in any one <such> subsequent year, 10
874-14 percent of the local school funds collected during that <such>
874-15 year. The district may issue the notes only if approved by
874-16 majority vote of the <resident,> qualified voters <electors> voting
874-17 in an election conducted in the manner provided by Section 45.003
874-18 <20.04 of this code> for approval of bonds.
874-19 (e) The governing body of an independent school district
874-20 that governs a junior college district under Subchapter B, Chapter
874-21 130, <of this code> in a county with a population of more than 1.5
874-22 million may dedicate a specific percentage of the local tax levy to
874-23 the use of the junior college district for facilities and equipment
874-24 or for the maintenance and operating expenses of the junior college
874-25 district. To be effective, the dedication must be made by the
874-26 governing body on or before the date on which the governing body
874-27 adopts its tax rate for a year. The amount of local tax funds
875-1 derived from the percentage of the local tax levy dedicated to a
875-2 junior college district from a tax levy may not exceed the amount
875-3 that would be levied by five percent of the effective tax rate for
875-4 the tax year calculated as provided by Section 26.04, Tax Code, on
875-5 all property taxable by the school district. All real property
875-6 purchased with these funds is the property of the school district,
875-7 but is subject to the exclusive control of the governing body of
875-8 the junior college district for as long as the junior college
875-9 district uses the property for educational purposes.
875-10 (f) Funds from a junior college district branch campus
875-11 maintenance tax levied by a school district board of trustees under
875-12 Section 130.087 <of this code> may be used as provided by that
875-13 section.
875-14 Sec. 45.106 <20.481>. Use of County Available Fund
875-15 Apportionment for Vocational and Technical Schools. (a) A <Where
875-16 any public> school district or accumulation of districts that <of
875-17 this state> operates a school designated as an area vocational
875-18 school for vocational and technical school purposes or that <and/or
875-19 which> participates in <such> a designated area vocational school
875-20 program shall use<,> its annual county available school fund
875-21 apportionment, if any, <shall be employed> in the operation of the
875-22 area vocational <such> school or <and/or> in financing facilities
875-23 for the school, <therefor> notwithstanding any laws to the
875-24 contrary.
875-25 (b) A school district complying with Subsection (a) may<;
875-26 provided further, that any such school district(s) shall> not be
875-27 held accountable for or charged with county available school funds
876-1 in determining the district's <determination of> eligibility for
876-2 minimum foundation school program funds.
876-3 Sec. 45.107 <20.482>. Investment of Gifts, Devises, and
876-4 Bequests. A gift, devise, or bequest made to a school district to
876-5 provide college scholarships for graduates of the district may be
876-6 invested or retained by the board of trustees of the district as
876-7 provided by Section 113.056, Property Code, unless otherwise
876-8 specifically provided by the terms of the gift, devise, or bequest.
876-9 Sec. 45.108 <20.49>. Borrowing Money for Current Maintenance
876-10 Expenses. (a) Independent or consolidated school districts may
876-11 <are hereby authorized to> borrow money for the purpose of paying
876-12 maintenance expenses and may <to> evidence those <such> loans with
876-13 negotiable notes, except that the<; provided that at no time shall
876-14 said> loans may not at any time exceed 75 percent of the previous
876-15 year's income. The <Such> notes may <shall> be payable from any
876-16 available funds of the district. The term "maintenance expenses"
876-17 or "maintenance expenditures" as used in this section means any
876-18 lawful expenditure of the school district other than payment of
876-19 principal of and interest on bonds. The <Such> term <expressly>
876-20 includes <but is not limited to> all costs incurred in connection
876-21 with environmental cleanup and asbestos cleanup and removal
876-22 programs implemented by school <such> districts. Notes <Any such
876-23 notes> issued pursuant to an environmental cleanup and asbestos
876-24 cleanup and removal program may be issued to mature in not more
876-25 than 15 years from their date. Notes issued for a term longer than
876-26 one year must <shall> be treated as "debt" as defined in Section
876-27 26.012(7), Tax Code<, as amended>.
877-1 (b) Notes <Such notes> may be issued under this section only
877-2 after a budget has been adopted for the current school year. <A
877-3 budget, within the meaning of this section, may be amended or a new
877-4 budget may be adopted at any time.>
877-5 (c) Notes issued under this section must <Such notes shall>
877-6 be authorized by resolution adopted by a majority vote of the board
877-7 of trustees, signed by the president or vice president and attested
877-8 by the secretary of the <said> board. <The notes shall bear
877-9 interest at a rate not to exceed the maximum rate provided by
877-10 Section 2(a), Chapter 3, Acts of the 61st Legislature, Regular
877-11 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes).>
877-12 (d) A <Any such> note issued under this section may contain
877-13 a certification that it is issued pursuant to and in compliance
877-14 with this section<,> and pursuant to a resolution <duly> adopted by
877-15 the board of trustees. The<, and such> certification is <shall
877-16 constitute> sufficient evidence that the <said> note is a valid
877-17 <and binding> obligation of the district.
877-18 <(e) This section is cumulative of and is not intended to
877-19 replace or impair the provisions of Section 20.48 of this code.>
877-20 Sec. 45.109 <20.50>. Contracts for Athletic Facilities.
877-21 (a) Any independent school district, acting by and through its
877-22 board of trustees, may <is hereby authorized to enter into a>
877-23 contract with any corporation, municipality, <or any city> or <any>
877-24 institution of higher education, as defined by Section 61.003,
877-25 <learning of the State of Texas (State University or College)>
877-26 located wholly or partially in <within> its boundaries, for the use
877-27 of any stadium and other athletic facilities owned by<,> or under
878-1 the control of the other<, any such> entity. The <Such> contract
878-2 may be for any period<,> not exceeding 75 years<,> and may contain
878-3 <such> terms <and conditions as may be> agreed on by <upon between>
878-4 the parties.
878-5 (b) The district may enter into a <such> contract for the
878-6 use of <such stadium and other> athletic facilities for any purpose
878-7 related to sports activities and other physical education programs
878-8 for the students at the public <free> schools of the <operated and
878-9 maintained by such independent school> district.
878-10 (c) The consideration for a <any such> contract under this
878-11 section may be paid from any source available to the <such>
878-12 independent school district. If<; but it> voted<,> as
878-13 <hereinafter> provided by this section, the<, such independent
878-14 school> district may <shall be authorized to> pledge to the payment
878-15 of the <said> contract an annual maintenance tax in an amount
878-16 sufficient, without limitation, to provide all of the <such>
878-17 consideration. If <so> voted and pledged, the <such> maintenance
878-18 tax shall be assessed, levied, and collected annually in the same
878-19 manner as provided by general law applicable to independent school
878-20 districts for other maintenance taxes.
878-21 (d) A <No> maintenance tax may not <shall> be pledged to the
878-22 payment of any <such> contract under this section or assessed,
878-23 levied, or collected unless an election is held in the <independent
878-24 school> district and the <any such> maintenance tax is <duly and>
878-25 favorably voted by a majority of the <resident,> qualified voters
878-26 <electors> of the <independent school> district <who own taxable
878-27 property therein and who have duly rendered the same for taxation,>
879-1 voting at the <said> election. <Each such election shall be called
879-2 by order of the board of trustees of the independent school
879-3 district.> The election order for an election under this
879-4 subsection must include <shall set forth the date of the election,
879-5 the proposition to be submitted and voted on,> the polling place or
879-6 places<,> and any other matters considered <deemed> advisable by
879-7 the board of trustees. <Notice of said election shall be given by
879-8 publishing a substantial copy of the order calling the election one
879-9 time, at least ten days prior to the election, in a newspaper of
879-10 general circulation in the district. Except as herein otherwise
879-11 specifically provided, any such election shall be held in
879-12 accordance with the Texas Election Code.>
879-13 <Sec. 20.51. ISSUANCE OF TIME WARRANTS BY DISTRICTS ENTITLED
879-14 TO CERTAIN FEDERAL AID. (a) This section applies to any
879-15 independent school district and to any common school district
879-16 within the State of Texas, whether created by general law or
879-17 special Act of the Legislature, which is entitled to payments for
879-18 maintenance and operation of schools under the Act of September 30,
879-19 1950, 64 United States Statutes at Large 1100, Public Law 874 (81st
879-20 Congress) as amended.>
879-21 <(b) The board of trustees of an independent school district
879-22 or of a common school district described in Subsection (a) of this
879-23 section may, upon a determination that there are insufficient funds
879-24 to properly operate and maintain the district's schools, make and
879-25 enter an order in their minutes directing:>
879-26 <(1) the issuing of time warrants sufficient to obtain
879-27 funds for operation and maintenance of the district's schools and
880-1 payment of existing accounts already obligated for these purposes;>
880-2 <(2) the levying of a tax sufficient to pay the
880-3 principal and interest on the warrants where a sufficient
880-4 maintenance tax had theretofore been authorized by a vote of the
880-5 legally qualified voters in the district; and>
880-6 <(3) the creation of an interest and sinking fund.>
880-7 <(c) The board shall deposit in the sinking fund, created by
880-8 the order in Subsection (b) of this section, an amount from each
880-9 year's maintenance taxes sufficient to pay the principal and
880-10 interest on outstanding warrants when they become due and payable,
880-11 and the funds may only be used to pay the principal and interest on
880-12 the warrants.>
880-13 <(d) The warrants shall be payable serially and annually for
880-14 a period of years not to exceed eight, and shall bear interest at a
880-15 rate not to exceed six percent per annum, with the option to call
880-16 any part or all of the warrants for payment on any interest
880-17 installment or paying date, and may provide for the payment of
880-18 interest on a quarterly or semiannual basis.>
880-19 <(e) The president of the board shall sign the warrants and
880-20 the secretary shall countersign them.>
880-21 <(f) The board may not sell the warrants for less than par
880-22 value and accrued interest.>
880-23 <(g) The board may not issue time warrants exceeding the
880-24 amount to which the independent school district or the common
880-25 school district was entitled on January 1, 1972, to receive as
880-26 payments for maintenance and operation of schools under the Act of
880-27 September 30, 1950, 64 United States Statutes at Large 1100, Public
881-1 Law 874 (81st Congress) as amended, plus any anticipated payments
881-2 for maintenance and operation of schools to which the independent
881-3 school district or the common school district would be entitled
881-4 through the expiration of the fiscal year of the United States
881-5 Government which commences July 1, 1973, in accordance with the
881-6 pertinent provisions of the aforesaid Act of September 30, 1950, 64
881-7 United States Statutes at Large 1100, Public Law 874 (81st
881-8 Congress) as it existed on January 1, 1972.>
881-9 <(h) The board may not issue or execute a warrant after the
881-10 expiration of four years from June 1, 1972.>
881-11 <(i) Upon the issuance of any warrants provided for in this
881-12 section, the affidavit of the president and secretary of the board
881-13 of trustees that the warrants have been issued in conformity with
881-14 this section, and the statement on the face of each warrant so
881-15 issued or executed that they are made in compliance with and under
881-16 the authority of this section, shall be prima facie evidence of the
881-17 validity of the warrants.>
881-18 <(j) This section shall not be construed as repealing any
881-19 laws now in existence authorizing the issuance of interest-bearing
881-20 time warrants, but this section shall be cumulative of all existing
881-21 laws and Acts.>
881-22 Sec. 45.110 <20.52>. Authorized but Unissued Bonds. (a)
881-23 This section applies <shall apply> to any independent school
881-24 district that <which> has previously voted or authorized school
881-25 bonds for a specific purpose or purposes and the purpose or
881-26 purposes have been accomplished by other means or have been
881-27 abandoned and all or a portion of the bonds authorized remain
882-1 unissued.
882-2 (b) The <In those cases, the> board of trustees of the
882-3 <independent school> district may, on its own motion, order an
882-4 election to submit <for the purpose of submitting> to the qualified
882-5 voters of the district the proposition of whether or not the
882-6 authorized but unissued bonds may be issued, sold, and delivered
882-7 for other and different purposes specified in the election order
882-8 and the election notice. The election shall be ordered, held, and
882-9 conducted in the same form and manner as that at which the bonds
882-10 were originally authorized.
882-11 (c) If a majority of those voting at the election vote in
882-12 favor of the sale and delivery of the unissued bonds and the use of
882-13 the proceeds of the bonds for the purpose or purposes specified in
882-14 the election order and the election notice, the board of trustees
882-15 may <of the independent school district shall be authorized to>
882-16 issue, sell, and deliver the bonds and use the proceeds of the
882-17 bonds for the purpose or purposes authorized at the election.
882-18 Sec. 45.111 <20.55>. Certificates of Indebtedness; Issuance
882-19 by Certain School and Junior College Districts. (a) Any school
882-20 district, including a junior college district, situated in a county
882-21 with <containing> a population of 200,000 or more<, according to
882-22 the last preceding federal census,> may issue interest-bearing
882-23 certificates of indebtedness to provide <for the purpose of
882-24 providing> funds for erecting or equipping <the erection and
882-25 equipment of> school buildings in <within> the boundaries of the
882-26 district or refinancing outstanding certificates as <herein>
882-27 provided by this section. The term "certificates," as used in this
883-1 section, includes all obligations authorized to be issued under
883-2 this section <hereunder,> and the <term shall include> interest on
883-3 those obligations <thereon, unless clearly indicated by the context
883-4 that another meaning is intended>.
883-5 (b) The governing body of the district shall provide <make
883-6 provision> for the payment of the certificates issued under <the
883-7 authority of> this section by appropriating and pledging <the
883-8 appropriation and pledge of> local school funds derived <and to be
883-9 derived> from maintenance taxes levied and assessed <or to be
883-10 levied and assessed> under <authority of> Sections 45.002 <20.02>
883-11 and 130.122 <of this code>, Chapter 273, Acts of the 53rd
883-12 Legislature, 1953<, as amended> (Article 2784g, Vernon's Texas
883-13 Civil Statutes), or other similar law that <now in existence or
883-14 hereinafter enacted which> limits the amount of tax that <which>
883-15 may be levied for maintenance purposes, as distinguished from bond
883-16 requirements. The appropriation and pledge may be in the nature of
883-17 a continuing irrevocable pledge to apply the first moneys collected
883-18 <or to be collected> annually from the tax levy to the payment of
883-19 the obligations or by the irrevocable present levy and
883-20 appropriation of the amount of the maintenance tax <as is> required
883-21 to meet the annual debt service requirements of the obligations, in
883-22 which event the governing body shall covenant to annually set aside
883-23 the amount in the annual tax levy, showing the same is a portion of
883-24 the maintenance tax. The governing body shall annually budget the
883-25 amount required to pay the <debt service requirements,> principal
883-26 and interest<,> of the obligations that <which> may be scheduled to
883-27 become due in any fiscal year. This section may not <Nothing
884-1 herein shall> be construed as permitting the levy of a maintenance
884-2 tax in excess of the amount approved by the <resident> qualified
884-3 <property taxpaying> voters of the district.
884-4 (c) A <No> district may not at any one time <shall> have
884-5 certificates outstanding and unpaid in principal amount in excess
884-6 of $250,000, unless the excessive amount becomes the obligation of
884-7 the district by assumption under <as contemplated by> Subsection
884-8 (k) <of this section> or the new certificates are being issued to
884-9 refund or refinance outstanding obligations under <as contemplated
884-10 by> Subsection (i) <of this section>.
884-11 (d) The principal amount of certificates that <which> may be
884-12 authorized at any one time and the scheduling of their principal
884-13 maturity are <shall be> further restricted as follows:
884-14 (1) if <where> the assessed valuation is more than $1
884-15 million and less than $15 million, the limiting factor is 25
884-16 cents;<.>
884-17 (2) if <where> the assessed valuation is $15 million
884-18 or more but less than $35 million, the limiting factor is 15 cents;
884-19 and<.>
884-20 (3) if <where> the assessed valuation is $35 million
884-21 or more, the limiting factor is 5 cents.
884-22 (e) Assessed valuation means the valuation for school
884-23 district purposes on the tax rolls of the district most recently
884-24 <last> approved before <prior to> the authorization of the
884-25 certificates. The limiting factor for a particular district, as
884-26 prescribed by Subsection (d) <set forth in the foregoing schedule>,
884-27 is <shall be> multiplied by the assessed valuation of the district,
885-1 and the product is <shall be> the maximum amount of debt service
885-2 requirements on the certificates that <which> may be scheduled to
885-3 become due in any fiscal year on a cumulative basis. A <No>
885-4 district that <which> has an assessed valuation less than $1
885-5 million may not issue certificates under this section.
885-6 (f) Certificates authorized to be issued under this section
885-7 <hereunder> shall be payable at the <such> times and<,> be in such
885-8 form and denomination or denominations either in coupon form or
885-9 registered as to principal, <and> interest, <either> or both. The
885-10 certificates<, and> may contain <such> options for redemption
885-11 before <prior to> the scheduled maturity<,> and may be payable at
885-12 the <such> place <or places> and may contain <such> other
885-13 provisions as the governing body of the district determines. A
885-14 <may determine, but in no event shall any> certificate may not
885-15 mature over a period in excess of 25 years from the date of the
885-16 certificate <thereof,> or bear interest at a rate in excess of
885-17 seven percent per annum.
885-18 (g) Except if <where> issued in exchange for certificates
885-19 outstanding as provided by <in> Subsection (i), the certificates
885-20 shall be sold for cash at not less than the face or par value plus
885-21 accrued interest. The <and the> proceeds shall be applied for the
885-22 purpose for which the certificates <same> were issued, except
885-23 <provided, however,> that all accrued interest and premium
885-24 received, if any, shall be deposited in the interest and sinking
885-25 fund established for the payment of the obligations. The cost of
885-26 issuing the obligations, including attorneys', printing, and fiscal
885-27 fees, may be paid from the proceeds <received from the sale
886-1 thereof>, except if <where such> certificates are sold under <the
886-2 provisions of> Subsection (i).
886-3 (h) The certificates, including interest <thereon> whether
886-4 issued in coupon or registered form, are securities <shall be
886-5 deemed and construed to be a security> within the meaning of
886-6 Chapter 8, Business & Commerce <dealing with "Investment
886-7 Securities," of the Uniform Commercial> Code, and that chapter
886-8 applies to the certificates <the provisions shall be applicable
886-9 thereto from and> after their approval by the attorney general
886-10 <Attorney General of Texas> and registration by the comptroller <of
886-11 public accounts>.
886-12 (i) Each governing body may refund or refinance outstanding
886-13 certificates by issuing <the issuance of> new interest-bearing
886-14 certificates within the limitations and conditions provided in this
886-15 section <herein>. The new certificates shall be issued and
886-16 delivered in lieu of and on <upon> surrender to the comptroller
886-17 <Comptroller of Public Accounts of Texas> and the cancellation of
886-18 the obligations being refunded <thereby>, and the comptroller shall
886-19 register the new certificates and deliver them in accordance with
886-20 the order authorizing their issuance. The new certificates may be
886-21 issued and delivered in accordance with <the provisions of> Chapter
886-22 503, Acts of the 54th Legislature, 1955<, as amended> (Article
886-23 717k, Vernon's Texas Civil Statutes).
886-24 (j) A certified copy of all proceedings relating to the
886-25 authorization of the certificates shall be submitted to the
886-26 attorney general <Attorney General of Texas and if he finds the
886-27 certificates to have been authorized in accordance with the
887-1 provisions of this section, he shall execute a certificate or
887-2 opinion to that effect which shall be filed in the office of the
887-3 comptroller of public accounts, who shall register the certificates
887-4 which shall thereafter be incontestable for any cause>.
887-5 (k) Certificates issued under <the provisions of> this
887-6 section are <shall be> an indebtedness of the school district
887-7 issuing them, but the holder of a certificate does <thereof shall>
887-8 not have the right to demand payment <thereof> out of any fund <or
887-9 funds> other than those pledged to its payment. If <In the event>
887-10 the boundary lines of any issuing district are changed while the
887-11 certificates remain outstanding, the indebtedness shall be adjusted
887-12 or assumed as provided under general law for the adjustment of bond
887-13 indebtedness payable from taxation.
887-14 (l) <All certificates issued under this section shall be and
887-15 are hereby declared to be legal and authorized investments for
887-16 banks, savings banks, trust companies, building and loan
887-17 associations, insurance companies, fiduciaries, trustees and
887-18 guardians, and for any sinking funds of cities, towns, villages,
887-19 counties, school districts, and other political corporations or
887-20 subdivisions of the State of Texas. The certificates shall be
887-21 eligible to secure the deposit of any and all public funds of the
887-22 State of Texas and any and all public funds of cities, towns,
887-23 villages, counties, school districts, and other political
887-24 corporations or subdivisions of the State of Texas, and shall be
887-25 lawful and sufficient security for deposits at their face value
887-26 when accompanied by all unmatured coupons, if any, appurtenant
887-27 thereto.>
888-1 <(m)> For purposes <the purpose> of this section, the
888-2 governing body of a common school district is <shall be> the
888-3 commissioners court of the county having administrative
888-4 jurisdiction. The governing body of an independent school
888-5 district, a rural high school district, or a junior college
888-6 district is <shall be> its <duly elected> board of trustees, and
888-7 the governing body of a municipally controlled <municipality
888-8 controlled> school district is <shall be> the city or town council
888-9 or commission. Certificates shall be authorized by order of the
888-10 governing body of the district.
888-11 <(n) The provisions of this section shall be cumulative of
888-12 existing laws relating to the financing of the cost of erecting and
888-13 equipping school buildings by school districts, it being the
888-14 legislative intent that this section shall be complete authority
888-15 for the issuance, sale, and delivery of certificates by school
888-16 districts.>
888-17 <(o) Nothing in this section shall be construed to violate
888-18 any provision of the federal or state constitutions and all acts
888-19 done hereunder shall be done in such manner as may conform thereto
888-20 whether herein expressly provided or not. Where any procedure
888-21 hereunder may be held by any court to be violative of either of
888-22 such constitutions, the district shall have the power by resolution
888-23 to provide an alternative procedure conformable to the
888-24 constitutions.>
888-25 (Sections 45.112-45.150 reserved for expansion
888-26 SUBCHAPTER F. ATHLETIC STADIUM AUTHORITIES
888-27 Sec. 45.151. DEFINITIONS. In this subchapter
889-1 <20.56. ><Athletic Stadium Authorities><. (a) Athletic stadium
889-2 authorities without taxing power may be created as hereinafter
889-3 provided.>
889-4 <(b) As used in this section>:
889-5 (1) "District" means any independent school district
889-6 <in this state>.
889-7 (2) "Stadium" means the structural and associated
889-8 facilities designed for staging and holding athletic contests and
889-9 other events.
889-10 (3) "Authority" means an athletic stadium authority
889-11 created under this subchapter <Act>.
889-12 (4) "Board <"Board" or "board> of directors" means the
889-13 board of directors of the authority.
889-14 (5) "Bond resolution" means the resolution authorizing
889-15 the issuance of revenue bonds.
889-16 (6) "Trust indenture" means the mortgage, deed of
889-17 trust, or other instrument pledging revenues of or creating a
889-18 mortgage lien on properties, or both, to secure the revenue bonds
889-19 issued by the authority.
889-20 (7) "Trustee" means the trustee under the trust
889-21 indenture.
889-22 Sec. 45.152. CREATION OF AUTHORITY. (a) <(c)> If the
889-23 boards of trustees of two districts find that it is to the best
889-24 interest of the districts to create an athletic stadium authority
889-25 to include the districts, each board of trustees shall adopt a
889-26 resolution creating an authority and designating the name by which
889-27 it shall be known.
890-1 (b) An <The> authority is <shall be> a body politic and
890-2 corporate. It must <shall> have a seal, may sue and be sued, and
890-3 may make, amend, and repeal its bylaws.
890-4 Sec. 45.153. BOARD OF DIRECTORS. (a) An <(d) The>
890-5 authority is <shall be> governed by a board of directors consisting
890-6 of seven members. The members of the board <shall> serve terms
890-7 ending May 1. A member's term may<, providing the terms do> not
890-8 exceed two years<, or until their successors are appointed and
890-9 qualified>. The board of trustees of each district shall each
890-10 appoint three <of the> directors, and the appointees shall by
890-11 majority vote appoint a seventh director.
890-12 (b) <(e)> The board of directors shall elect from among the
890-13 directors a president and vice-president. The board<, and> shall
890-14 elect a secretary and a treasurer who may or may not be
890-15 directors<,> and may elect <such> other officers as <may be>
890-16 authorized by the authority's bylaws. The offices of secretary and
890-17 treasurer may be combined. The president has the same right to
890-18 vote on all matters as other members of the board.
890-19 (c) A majority of the members of the board constitutes a
890-20 quorum, and when a quorum is present, action may be taken by a
890-21 majority vote of directors present.
890-22 (d) The board may employ a manager and <such> other
890-23 employees, experts, and agents or <as it may see fit, but it> may
890-24 delegate to the manager the power to employ and discharge
890-25 employees. The board may employ legal counsel.
890-26 Sec. 45.154. CONSTRUCTION, ACQUISITION, AND OPERATION OF
890-27 STADIUM. An <(f) The> authority may <shall have the power to>
891-1 construct, enlarge, furnish, and equip stadia, purchase existing
891-2 stadia, furnishings, and equipment for its stadia, and <to> operate
891-3 and maintain stadia. A stadium need not be located inside a <the>
891-4 district creating the authority <or districts>.
891-5 Sec. 45.155. BONDS. (a) An <(g) The> authority may issue
891-6 revenue bonds to provide funds for any of its purposes. The bonds
891-7 shall be payable from and secured by a pledge of all or any part of
891-8 the revenue to be derived from the operation of the stadium or
891-9 stadia and any other revenues resulting from the ownership of
891-10 stadium properties. The bonds may be additionally secured by a
891-11 mortgage or deed of trust on property of the authority.
891-12 (b) <(h)> The bonds must <shall> be authorized by resolution
891-13 adopted by a majority vote of a quorum of the board of directors.
891-14 The bonds<, and> shall be signed by the president or vice-president
891-15 and countersigned by the secretary, or either or both of their
891-16 facsimile signatures may be printed on the bonds <thereon>. The
891-17 seal of the authority shall be impressed or printed on the bonds
891-18 <thereon>.
891-19 (c) The bonds shall mature serially or otherwise in not to
891-20 exceed 40 years. <The bonds may be registrable as to principal, or
891-21 as to both principal and interest.> Appropriate provisions may be
891-22 inserted in the resolution authorizing the execution and delivery
891-23 of bonds for the conversion of registered bonds into bearer bonds
891-24 and vice versa.
891-25 (d) Provisions may be made in the bond resolution or trust
891-26 indenture for the substitution of new bonds for those lost or
891-27 mutilated. When bonds are <shall have once been> approved by the
892-1 attorney general and registered by the comptroller <as prescribed
892-2 in Subsection (l) of this section>, it is <shall> not <be>
892-3 necessary to obtain the approval of the attorney general or
892-4 registration by the comptroller as to <such> converted or
892-5 substituted bonds.
892-6 (e) <(i) All bonds issued pursuant to this Act shall be and
892-7 are hereby declared to be legal and authorized investments for
892-8 banks, savings banks, trust companies, building and loan
892-9 associations, savings and loan associations, insurance companies,
892-10 fiduciaries, trustees, guardians, and for the sinking fund of
892-11 cities, towns, villages, counties, school districts, or other
892-12 political corporations or subdivisions of the State of Texas. Such
892-13 bonds shall be eligible to secure the deposit of any and all public
892-14 funds of the State of Texas, and any and all public funds of
892-15 cities, towns, villages, counties, school districts, or other
892-16 political corporations or subdivisions of the State of Texas; and
892-17 such bonds shall be lawful and sufficient security for said
892-18 deposits to the extent of their face value, when accompanied by all
892-19 unmatured coupons appurtenant thereto.>
892-20 <(j)> Bonds constituting a junior lien on the revenue or
892-21 properties may be issued unless prohibited by the bond resolution
892-22 or trust indenture. Parity bonds may be issued under conditions
892-23 specified in the bond resolution or trust indenture.
892-24 Sec. 45.156. CONTRACTS WITH SCHOOL DISTRICTS.
892-25 (a) <(k)(1)> Any district, acting by and through its board of
892-26 trustees, may <is authorized to enter into a> contract with any
892-27 athletic stadium authority organized under this subchapter
893-1 <section> for the use of any stadium <or stadia> owned by the
893-2 authority <any that entity>. The <Such> contract may be for any
893-3 period<,> not exceeding 75 years<,> and may contain <such> terms
893-4 <and conditions as may be> agreed on by <between> the parties.
893-5 (b) <(2)> The district may enter into a contract for the use
893-6 of the stadium <or stadia> for any purpose related to sports
893-7 activities and other physical education programs for the students
893-8 at the public <free> schools operated and maintained by the
893-9 district.
893-10 (c) <(3)> The consideration payable by the district under a
893-11 contract may be paid from any source available to the district.
893-12 If<; and if> voted, the district may <is authorized to> pledge to
893-13 the payment of the contract an annual maintenance tax in an amount
893-14 sufficient, without limitation, to provide all or part of the
893-15 consideration. If <so> voted and pledged, the maintenance tax
893-16 shall be assessed, levied, and collected annually in the same
893-17 manner as provided by general law applicable to independent school
893-18 districts for other maintenance taxes. A <No> maintenance tax may
893-19 not <shall> be pledged to the payment of any contract or assessed,
893-20 levied, or collected unless an election is held <by and> in the
893-21 district, and the maintenance tax for that purpose is <duly and>
893-22 favorably voted by a majority of the <resident,> qualified voters
893-23 <electors> of the district <who own taxable property therein and
893-24 who have duly rendered the property for taxation, voting at the
893-25 election. Each election shall be called by order of the board of
893-26 trustees of the district>. The election order for an election
893-27 under this subsection must include <shall set forth the date of the
894-1 election, the proposition to be submitted and voted on,> the
894-2 polling place or places<,> and any other matters considered
894-3 <deemed> advisable by the board of trustees. <Notice of election
894-4 shall be given by publishing a substantial copy of the order
894-5 calling the election one time, at least 10 days prior to the
894-6 election, in a newspaper of general circulation in the district.
894-7 Except as herein otherwise specifically provided, the election
894-8 shall be held in accordance with the Texas Election Code.>
894-9 Sec. 45.157. EXAMINATION OF BONDS BY ATTORNEY GENERAL.
894-10 <(l)> Bonds issued under this subchapter <section> and the record
894-11 relating to their issuance shall be submitted to the attorney
894-12 general<, and if he finds that they have been issued in accordance
894-13 with this section and constitute valid and binding obligations of
894-14 the authority and are secured as recited therein he shall approve
894-15 them, and they shall be registered by the Comptroller of Public
894-16 Accounts of the State of Texas, who shall certify such registration
894-17 thereon. Thereafter they shall be incontestable>.
894-18 Sec. 45.158. CHARGES FOR USE OF STADIUM. (a) The <(m) It
894-19 is the duty of the> board of directors shall <to> charge sufficient
894-20 rates for services rendered by the stadium <or stadia> and shall
894-21 use <to utilize> other sources of its revenues so that revenues
894-22 will be produced sufficient to:
894-23 (1) pay all expenses in connection with the ownership,
894-24 operation, and upkeep of the stadium;
894-25 (2) <or stadia, to> pay the interest on the bonds as
894-26 it becomes due;
894-27 (3) <, to> create a sinking fund to pay the bonds as
895-1 they become due;<,> and
895-2 (4) <to> create and maintain a bond reserve fund and
895-3 other funds as provided in the bond resolution or trust indenture.
895-4 (b) The bond resolution or trust indenture may prescribe
895-5 systems, methods, routines, and procedures under <or in accordance
895-6 with> which the stadium <or stadia> shall be operated.
895-7 Sec. 45.159. DEPOSITORY. An <(n) The> authority may select
895-8 a depository <or depositories> according to the procedures provided
895-9 by law for the selection of independent school district
895-10 depositories.
895-11 Sec. 45.160. TAX EXEMPTION. <(o)> Recognizing the fact
895-12 that the property owned by an authority will be held for public
895-13 purposes only and will be devoted exclusively to the use and
895-14 benefit of the public, it is <shall be> exempt from taxation of
895-15 every character.
895-16 Sec. 45.161. EMINENT DOMAIN. <(p)> For the purpose of
895-17 carrying out any power conferred by this subchapter <section>, an
895-18 <the> authority may <shall have the right to> acquire the fee
895-19 simple title to land and other property and easements by
895-20 condemnation in the manner provided by Chapter 21, Property Code
895-21 <Title 52, Revised Civil Statutes, as amended, relating to eminent
895-22 domain>. An <The> authority is <declared to be> a municipal
895-23 corporation within the meaning of Section 21.021(c), Property Code
895-24 <Article 3268 of Title 52>. The amount of and character or
895-25 interest in land, other property, and easements <thus> to be
895-26 acquired shall be determined by the board of directors.
895-27 Sec. 45.162. INVESTMENT OF BOND PROCEEDS. <(q)> In
896-1 addition to other powers, an <the> authority may <has the right to>
896-2 invest the proceeds of its bonds, until that <such> money is
896-3 needed, in the direct obligations of or obligations unconditionally
896-4 guaranteed by the United States <government>, to the extent
896-5 authorized in the bond resolution or trust indenture or in both.
896-6 Sec. 45.163. ACCEPTANCE OF GIFTS. <(r)> The board of
896-7 directors may <is authorized to> accept donations, gifts, and
896-8 endowments to be held and administered as may be required by the
896-9 respective donors, to the extent that those <such> requirements do
896-10 <would> not contravene law.
896-11 (Sections 45.164-45.200 reserved for expansion
896-12 <SUBCHAPTER D. STATE PAYMENTS TO REPLACE SCHOOL TAXES LOST
896-13 BECAUSE OF STATE-MANDATED REDUCTION OF THE AD VALOREM TAX BASE>
896-14 <Sec. 20.82. TAXABLE VALUE LOST ON RESIDENCE HOMESTEADS.
896-15 The amount of taxable value actually lost by application of Article
896-16 7150.5, Revised Civil Statutes of Texas, 1925, is the sum of the
896-17 amounts of residence homestead exemptions granted under Article
896-18 7150.5 to each residence homestead, except that the amount of the
896-19 exemptions applicable to a residence homestead for the purpose of
896-20 this subsection may not exceed its market value according to the
896-21 school district's tax roll.>
896-22 <Sec. 20.83. TAXABLE VALUE LOST ON AGRICULTURAL AND TIMBER
896-23 LAND. The amount of taxable value lost by application of Articles
896-24 7174A and 7174B, Revised Civil Statutes of Texas, 1925, is the
896-25 difference between the total of the market values or, if some
896-26 parcels qualified for assessment under Article VIII, Section 1-d,
896-27 of the Texas Constitution, the productive values, as determined by
897-1 the school district in the 1978 tax year, of all parcels that are
897-2 appraised as provided by Article 7174A or 7174B and the total of
897-3 the productive values of those parcels as provided by Article 7174A
897-4 or 7174B, as determined by the school district for the current
897-5 year. In the case of property which is in a different district in
897-6 the current year than in the 1978 tax year, the taxable value lost
897-7 under the provisions of this section shall be calculated under
897-8 rules adopted by the School Tax Assessment Practices Board
897-9 consistent with the treatment of other land under this section.>
897-10 <Sec. 20.84. APPLICATION FOR PAYMENT. (a) To receive the
897-11 payment prescribed by this subchapter, a school district must file
897-12 a completed application for the payment with the School Tax
897-13 Assessment Practices Board, on a form prescribed by that board in
897-14 conjunction with the commissioner of education, before November 1.
897-15 However, for good cause the board may extend the filing deadline by
897-16 not more than 60 days.>
897-17 <(b) In prescribing the form, the board shall ensure that it
897-18 requires a school district to provide all the information necessary
897-19 to administer this subchapter.>
897-20 <Sec. 20.86. AGENCY AUDITS. (a) At least once in each
897-21 two-year period, the Central Education Agency with the assistance
897-22 of the School Tax Assessment Practices Board shall conduct an audit
897-23 of each school district tax office to determine if the district's
897-24 applications under this subchapter are accurate, if the tax office
897-25 administration of Articles 7150.5, 7174A, and 7174B, Revised Civil
897-26 Statutes of Texas, 1925, conforms to the requirements of law, and
897-27 if the market values the district's tax office assigns to property
898-1 affected by those articles are consistent with and not higher than
898-2 the market values assigned to other, similar property not affected
898-3 by those articles.>
898-4 <(b) If the agency determines by audit or otherwise that a
898-5 district has received a greater payment under this subchapter than
898-6 it was entitled to receive because it improperly granted residence
898-7 homestead exemptions, improperly granted eligibility pursuant to
898-8 Article 7174A or 7174B, assigned excessive value to property
898-9 affected by Article 7150.5, 7174A, or 7174B, or otherwise
898-10 overstated the amount it was entitled to receive, the agency shall
898-11 notify the district of its determination and the reasons for it and
898-12 shall reduce the amount of the next and, if necessary, subsequent
898-13 certifications under Section 20.85 of this code or payments of
898-14 state aid under Sections 16.254(b) and 16.254(c) of this code until
898-15 the amount of the overpayment is recovered.>
898-16 <Sec. 20.87. CHALLENGE OF BOARD OR AGENCY DETERMINATIONS.
898-17 (a) A school district may challenge a determination by the School
898-18 Tax Assessment Practices Board or the Central Education Agency
898-19 under Section 20.85 or 20.86 of this code by filing a petition with
898-20 the appropriate agency specifying the grounds for the challenge
898-21 within 30 days after the date on which the district receives notice
898-22 of the agency's determination.>
898-23 <(b) The appropriate agency shall hold a hearing on the
898-24 challenge within 60 days after the date on which it receives the
898-25 petition. After the hearing, the agency shall issue an order based
898-26 on evidence presented at the hearing reversing, modifying, or
898-27 affirming its determination.>
899-1 <Sec. 20.88. EFFECT OF LAND USE CHANGE. Prior to April 1,
899-2 each school district shall notify the Central Education Agency of
899-3 the amount of payments received during the prior 12 months under
899-4 the provisions of Section 5 of Article 7174A, Revised Civil
899-5 Statutes of Texas, 1925, Section 6 of Article 7174B, and Section
899-6 1-d(f) of Article VIII of the Texas Constitution. Fifty percent of
899-7 this amount shall be deducted from either current or subsequent
899-8 payments under this subchapter or payments of state aid under
899-9 Sections 16.254(b) and (c).>
899-10 SUBCHAPTER G <E>. SCHOOL DISTRICT DEPOSITORIES
899-11 <DEPOSITORY ACT>
899-12 <Sec. 23.71. SHORT TITLE. This subchapter may be cited as
899-13 the School Depository Act.>
899-14 Sec. 45.201 <23.73>. Definitions. In this subchapter <As
899-15 used in this Act, unless otherwise clearly indicated by the
899-16 context>:
899-17 (1) "School district" means any <public> independent
899-18 school district.
899-19 (2) "Bank" means a state bank authorized and regulated
899-20 under the laws of this <the> state pertaining to banking, <and> in
899-21 particular The Texas Banking Code (Article 342-101 et seq.,
899-22 Vernon's Texas Civil Statutes) <authorized and regulated by the
899-23 Banking Department Self-Support and Administration Act>, a national
899-24 bank, a savings and loan association or savings bank authorized and
899-25 regulated by federal law, or a savings and loan association or
899-26 savings bank organized under the laws of this state. The term <,
899-27 but> does not include any bank the deposits of which are not
900-1 insured by the Federal Deposit Insurance Corporation.
900-2 (3) "Time deposit," <Deposit," including> "time
900-3 certificate," "certificate of deposit," and "time deposit-open
900-4 account<,>" have the <same> definitions <as> adopted for those
900-5 <said> terms by the Board of Governors of the Federal Reserve
900-6 System.
900-7 (4) "Approved securities" means:
900-8 (A) bonds of this state or <the State of Texas,
900-9 bonds of the counties of the State of Texas, bonds of school
900-10 districts of the State of Texas, bonds of any town or city of the
900-11 State of Texas, and bonds of> any agency<, district> or political
900-12 subdivision of this state <the State of Texas>; <or>
900-13 (B) all evidences of indebtedness legally issued
900-14 by the board of trustees of the depositing school district;
900-15 (C) <,> all debt securities that <which> are a
900-16 direct obligation of the treasury of the United States;
900-17 (D) <,> all debt securities, except reducing
900-18 principal balance securities, the principal of which are <is>
900-19 unconditionally guaranteed in the event of default by the full
900-20 faith and credit of the United States; <,> and
900-21 (E) those securities provided for by Article
900-22 842, Revised <Civil> Statutes <of Texas, 1925, as amended>, and
900-23 Section 1, Chapter 160, General Laws, Acts of the 43rd Legislature,
900-24 1933<, as amended> (Article 842a, Vernon's Texas Civil Statutes).
900-25 Sec. 45.202 <23.72>. SELECTION OF DEPOSITORY. The school
900-26 depository or depositories of every independent school district may
900-27 <shall> be selected only as provided by this subchapter.
901-1 Sec. 45.203 <23.74>. Depository Must be a Bank. A school
901-2 depository must <under the terms and provisions of this subchapter
901-3 shall> be a bank located in this state <the State of Texas>.
901-4 Sec. 45.204 <23.75>. CONFLICT OF INTEREST <TRUSTEE AS
901-5 STOCKHOLDER, ETC., OF BANK>. (a) If <In the event> a member of
901-6 the board of trustees of a school district is a stockholder,
901-7 officer, director, or employee of a bank, the <said> bank is
901-8 <shall> not <be> disqualified from bidding and becoming the school
901-9 depository of the <said> school district if the <provided said>
901-10 bank is selected by a majority vote of the board of trustees of the
901-11 <said school> district or a majority vote of a quorum when only a
901-12 quorum <eligible to vote> is present.
901-13 (b) <Common law rules in conflict with the terms and
901-14 provisions of this Act are hereby modified as herein provided.> If
901-15 a member of the board of trustees of a school district is a
901-16 stockholder, officer, director, or employee of a bank that has bid
901-17 to become a depository for the <said> school district, the <said>
901-18 member may <of said board of trustees shall> not vote on <the>
901-19 awarding <of> a depository contract to the <said> bank, and the
901-20 <said school depository> contract must <shall> be awarded by a
901-21 majority vote of the <said> trustees as <above> provided by
901-22 Subsection (a) who are not either a stockholder, officer, director,
901-23 or employee of a bank receiving a school district depository
901-24 contract.
901-25 Sec. 45.205 <23.76>. TERM OF CONTRACT<; BOND, PLEDGE OF
901-26 SECURITIES, OR BOTH>. (a) The depository bank when selected shall
901-27 serve for a term of two years and until its successor is <shall
902-1 have been duly> selected and has qualified.
902-2 (b) The contract<, and shall give bond, pledge approved
902-3 securities, or give bond and pledge approved securities, as
902-4 hereinafter provided. Said> term must coincide with the school
902-5 district's <shall commence and terminate on the> fiscal year <of
902-6 odd-numbered years. No premium on any depository bond shall be
902-7 paid out of funds of the school district>.
902-8 Sec. 45.206 <23.77>. BID NOTICES; BID FORM. (a) The board
902-9 of trustees of each school district shall, at least 30 days before
902-10 <prior to> the termination of the <then> current depository
902-11 contract, mail to each bank located in the <said> district and, if
902-12 desired, to other banks, a notice stating the time and place in
902-13 which bid applications will be received for selecting a school
902-14 depository or depositories. The notice must include a uniform bid
902-15 blank in the form prescribed by State Board of Education rule.
902-16 <Attached to said notice shall be a uniform bid blank which shall
902-17 be substantially in the following form:>
902-18 <Board of Trustees, _______________________________ Independent>
902-19 <School District>
902-20 <Members of the Board:>
902-21 <The undersigned, a state or national banking corporation the
902-22 deposits of which are insured by the Federal Deposit Insurance
902-23 Corporation, hereinafter called bidder, for the privilege of acting
902-24 as Depository of the ______________ Independent School District of
902-25 _________ County, Texas, hereinafter called District, for a term of
902-26 two years, beginning _____, 19__, and ending ______, 19__, and for
902-27 the further privilege of receiving all funds or only certain funds
903-1 to be designated by the District if more than one depository is
903-2 selected, at the District's option to place on demand deposit or
903-3 interest bearing time deposits as provided in the School Depository
903-4 Act, and with the full understanding that the District reserves the
903-5 right to invest its funds from time to time as permitted by law,
903-6 bidder will pay and charge District as follows:>
903-7 <1. (A) _____% interest per annum compounded ______
903-8 on time deposits not exceeding $_____ and having a maturity date
903-9 _____ days after the date of deposit or payable upon written notice
903-10 of a like number of days;>
903-11 <(B) _____% interest per annum compounded _____
903-12 on time deposits exceeding $_____ and having a maturity date _____
903-13 days after the date of deposit or payable upon written notice of a
903-14 like number of days;>
903-15 <(C) _____% interest per annum compounded _____
903-16 on time deposits not exceeding $_____ and having a maturity date
903-17 _____ months after the date of deposit or payable upon written
903-18 notice of a like number of months;>
903-19 <(D) _____% interest per annum compounded _____
903-20 on time deposits exceeding $_____ and having a maturity date _____
903-21 months after the date of deposit or payable upon written notice of
903-22 a like number of months.>
903-23 <2. _____% interest per annum compounded _____ on time
903-24 deposits having a maturity date less than 90 days after the date of
903-25 deposit or payable upon written notice of less than 90 days.>
903-26 <3. _____% interest per annum to be paid by District
903-27 to Bidder on overdrafts or their equivalent. (Overdraft as used in
904-1 this paragraph shall mean that District does not have a
904-2 compensating balance in other District funds or accounts in
904-3 Bidder's bank equaling or exceeding overdrafts in a District fund
904-4 or account. The amount of an overdraft shall be determined by
904-5 adding all of the District's noninterest bearing funds or
904-6 noninterest bearing accounts in the Bidder's bank at the close of
904-7 business each day.)>
904-8 <4. Bidder will charge District $_____ for keeping
904-9 District's deposit records and accounts for the period covered by
904-10 this bid. Included in and required as a part of this duty are the
904-11 following:>
904-12 <(A) Preparation of monthly statements showing
904-13 debits, credits and balance of each separate fund.>
904-14 <(B) Keeping a full and separate itemized
904-15 account of each different class of school funds coming into its
904-16 hands and making its records available for audit by the District,
904-17 its independent auditors, and the Central Education Agency.>
904-18 <(C) Preparation of such other reports, accounts
904-19 and records which may, from time to time, be required by District
904-20 in order that it may properly fulfill its fiscal duties.>
904-21 <(D) Furnishing of the quantity, quality and
904-22 type of checks necessary for District's use during the period for
904-23 which this bid is submitted.>
904-24 <5. District reserves the right to invest any and all
904-25 of its funds as permitted by Sections 20.42 and 23.80 of this code.
904-26 Bidder will and shall aid and assist District in any permitted
904-27 investment without charge.>
905-1 <6. Bidder shall furnish to District a bond in the
905-2 amount and conditioned as provided in The School Depository Act, or
905-3 in lieu thereof shall pledge approved securities in an amount
905-4 sufficient as provided in this subchapter, delivering to the
905-5 District either the securities pledged or safekeeping receipts for
905-6 them, properly marked to show the pledge, and shall deliver to the
905-7 Central Education Agency photocopies of the safekeeping receipts.
905-8 District reserves the right to approve or reject the securities so
905-9 pledged. Bidder shall have the right and privilege of substituting
905-10 approved securities upon obtaining the approval of District,
905-11 provided the total amount of approved securities deposited is
905-12 adequate as herein provided.>
905-13 <7. This bid was requested by District and is made by
905-14 Bidder with the expressed agreement and understanding that District
905-15 reserves the right to reject any and all bids and the further right
905-16 that if any portion or provision of this bid and/or any contract
905-17 between Bidder and District entered into by virtue thereof is
905-18 invalid, the remainder of this bid and/or resulting contract at the
905-19 option of the District shall remain in full force and effect, and
905-20 not be affected by said invalid portion or provision.>
905-21 <8. Attached hereto is a Cashier's Check in the sum of
905-22 $_____ payable to the ____________________ Independent School
905-23 District. If this bid to be Depository of all District funds or to
905-24 be Depository of only a designated amount of said funds is
905-25 accepted, said check is to secure the performance of said bid, and
905-26 if Bidder fails to enter into a contract with District as provided
905-27 in this bid, then said check shall be cashed by District as
906-1 liquidated damages for said failure. If the Bidder enters into a
906-2 contract with the District, the District shall return the check to
906-3 the Bidder. In the event this bid is not accepted, the check is to
906-4 be returned to the Bidder immediately after the contract award is
906-5 made.>
906-6 <DATED this the ________ day of ______________________,
906-7 19___.>
906-8 <BIDDER ______>
906-9 <BY ______>
906-10 <TITLE ______>
906-11 (b) The school district may add to the uniform bid blank
906-12 other terms <and conditions to the uniform bid blank, provided>
906-13 that <the other terms and conditions> do not unfairly restrict
906-14 competition between banks in or near the territory of the school
906-15 district.
906-16 (c) Interest rates may be stated in the bid either as a
906-17 fixed rate, as a percentage of a stated base rate, in relation to a
906-18 stated prevailing rate varying from time to time, or in any other
906-19 manner, but in every case in a uniform manner, that <which> will
906-20 permit comparison with other bids received.
906-21 Sec. 45.207 <23.78>. Award of Contract. (a) If tie bids
906-22 are received for a <said> school depository contract and each of
906-23 the <said> tie bidders has bid to pay the school district the
906-24 maximum interest rates allowed by law by the Board of Governors of
906-25 the Federal Reserve System and the Board of Directors of the
906-26 Federal Deposit Insurance Corporation, if the <and said> tie bids
906-27 are otherwise equal in the judgment and discretion of the board of
907-1 trustees of the <said> school district, and if two or more of the
907-2 <said> tie bidders in the judgment and discretion of the <said>
907-3 school district have the facilities and ability to provide <render>
907-4 the necessary services of school depository for the <said> school
907-5 district, the <said> board of trustees may award the <said>
907-6 depository contract by <in accordance with> any one of the
907-7 following methods:
907-8 (1) awarding the <Award said> contract, at the
907-9 discretion of the board of trustees, to any one of the <said> tie
907-10 bidders;
907-11 (2) determining <Determine> by lot which of the <said>
907-12 tie bidders will <shall> receive the <said depository> contract; or
907-13 (3) awarding <Award> a <depository> contract to each
907-14 of the <said> tie bidders or to as many of the <said> tie bidders
907-15 as the board of trustees selects <may select>.
907-16 (b) The <Said> board of trustees may, <shall have the
907-17 discretion from time to time> during the period of the <said>
907-18 contract, <to> determine the amount of funds to be deposited in
907-19 each <of said> depository bank <banks> and <to> determine the
907-20 account services offered in the bid form that <which> are to be
907-21 provided <rendered> by each bank <of said banks> in its capacity as
907-22 school depository. All <Provided, however, that all> funds
907-23 received by the district from or through the agency <Central
907-24 Education Agency> shall be deposited, at the district's option,
907-25 <and retained> in one depository bank or invested in a public funds
907-26 investment pool created under Chapter 791, Government Code, to be
907-27 designated by the district <as its depository for said funds>.
908-1 (c) The board of trustees of the school district shall at a
908-2 regular <meeting> or special meeting consider all bids received in
908-3 accordance with this section. In <the terms and provisions of the
908-4 above-mentioned procedure; and in> determining the highest and best
908-5 bid, or in case of tie bids <as above provided> the highest and
908-6 best tie bids, the <said> board of trustees shall consider the
908-7 interest rate bid on time deposits, charges <charge> for keeping
908-8 district accounts, records, and reports and furnishing checks, and
908-9 the ability of the bidder to provide <render> the necessary
908-10 services and perform the duties as school depository, together with
908-11 all other matters that <which> in the judgment of the <said> board
908-12 of trustees would be to the best interest of the <said> school
908-13 district. The board of trustees of the <said> school district has
908-14 <shall have> the right to reject any and all bids.
908-15 Sec. 45.208 <23.79>. Depository Contract; Bond. (a) The
908-16 bank or banks selected as school depository or depositories <in
908-17 accordance with the terms and provisions of this Act,> and the
908-18 school district shall <make and> enter into a depository contract
908-19 or contracts, bond or bonds, or <such> other necessary instruments
908-20 setting forth the duties<, responsibilities,> and agreements
908-21 pertaining to the <said> depository, in a form and with the content
908-22 prescribed by the State Board of Education. The parties shall
908-23 attach <, attaching> to the contract and incorporate <incorporating
908-24 in the contract> by reference the bid of the depository.
908-25 (b) The <, and said> depository bank shall attach to the
908-26 <said> contract and file with the school district a bond in an
908-27 initial amount equal to the estimated highest daily balance, <to
909-1 be> determined by the board of trustees of the district, of all
909-2 deposits that <which> the school district will have in the <said>
909-3 depository during the term of the <depository> contract, less any
909-4 applicable Federal Deposit Insurance Corporation insurance. The
909-5 <Said> bond must <shall> be payable to the school district and must
909-6 <shall> be signed by the <said> depository bank and by some surety
909-7 company authorized to do business in this <the> state. The
909-8 depository bank shall increase the amount of the bond if the board
909-9 of trustees determines it to be necessary to adequately protect the
909-10 funds of the school district deposited with the depository bank.
909-11 (c) The <(b) Said> bond shall be conditioned on:
909-12 (1) <for> the faithful performance of all duties and
909-13 obligations devolving by law on the <upon said> depository;
909-14 (2) <, and for> the payment on <upon> presentation of
909-15 all checks or drafts on <upon> order of the board of trustees of
909-16 the <said> school district, in accordance with its orders <duly>
909-17 entered by the <said> board of trustees according to law <the laws
909-18 of the State of Texas>;
909-19 (3) <for> the payment on <upon> demand of any demand
909-20 deposit in the <said> depository;
909-21 (4) <for> the payment, after the expiration of the
909-22 period of notice required, of any time deposit in the <said>
909-23 depository;
909-24 (5) the faithful keeping of <and that said> school
909-25 funds <shall be faithfully kept> by the <said> depository and the
909-26 accounting <accounted> for the funds according to law; and
909-27 (6) the faithful paying <shall faithfully pay> over to
910-1 the successor depository all balances remaining in the <said>
910-2 accounts.
910-3 (d) The <Said> bond and the surety on the bond must <thereon
910-4 shall> be approved by the board of trustees of the <said> school
910-5 district. A premium on the depository bond may not be paid out of
910-6 school district funds.
910-7 (e) A <and a> copy of the <said> depository contract and
910-8 bond shall be filed with the agency <State Department of
910-9 Education>.
910-10 (f) <(c)> In lieu of the <above-mentioned> bond required
910-11 under Subsection (b), the depository bank may deposit or pledge,
910-12 <shall have the option of either depositing or pledging> with the
910-13 school district<,> or with a trustee designated by the school
910-14 district, approved securities in an amount sufficient to adequately
910-15 protect the funds of the school district deposited with depository
910-16 bank. A depository bank may give <or giving> a bond and deposit or
910-17 pledge <depositing or pledging> approved securities in an aggregate
910-18 amount sufficient to adequately protect the funds of the school
910-19 district deposited with the depository bank. The school district
910-20 shall designate from time to time the amount of approved securities
910-21 or the aggregate amount of the bond and approved securities to
910-22 adequately protect the district. The district may not designate an
910-23 amount less than the balance of school district funds on deposit
910-24 with the depository bank from day to day, less any applicable
910-25 Federal Deposit Insurance Corporation insurance. The depository
910-26 bank may substitute <shall have the right and privilege of
910-27 substituting> approved securities on <upon> obtaining the approval
911-1 of the school district. For <the> purposes of this subsection, the
911-2 approved securities are <shall be> valued at their market value.
911-3 Sec. 45.209 <23.80>. Investment of District Funds. The
911-4 school district may <shall have the right to> provide in its bid
911-5 blank for the right to place on time deposits with savings and loan
911-6 institutions located in this state <within the State of Texas> only
911-7 funds that are fully insured by the Federal Deposit <Savings and
911-8 Loan> Insurance Corporation. A<, but no> district may not place on
911-9 deposit with any savings and loan institution any bond or
911-10 certificate of indebtedness proceeds as provided by Section 45.102
911-11 <20.42 of this code>. A <The school district is entitled to invest
911-12 any and all of its funds in direct debt securities of the United
911-13 States of America or other types of bonds, securities, warrants,
911-14 etc., which the district is authorized by law to invest in. No>
911-15 depository bank <selected under this subchapter> may not be
911-16 compelled without its consent to accept on time deposit any bond
911-17 proceeds under Section 45.102 <20.42 of this code>, but a
911-18 depository may <shall be permitted to> offer a bid of interest
911-19 equaling the highest bid of interest for the time deposit of the
911-20 bond proceeds tendered by another bank. If the depository bank
911-21 equals the bid, it is entitled to receive the bond proceeds on time
911-22 deposit.
911-23 (Sections 45.210-45.230 reserved for expansion
911-24 SUBCHAPTER H <F>. ASSESSMENT
911-25 AND COLLECTION OF TAXES
911-26 Sec. 45.231 <23.92>. Alternate Methods of Selection. The
911-27 board of trustees of each independent school district other than a
912-1 municipal school district shall select a tax assessor-collector <an
912-2 assessor and collector of taxes> by one of the applicable
912-3 procedures authorized by this subchapter.
912-4 Sec. 45.232 <23.93>. Assessor-Collector Appointed by Board.
912-5 (a) The board of trustees of any independent school district may
912-6 appoint a tax <an> assessor-collector <of taxes> for the district.
912-7 The appointment shall be for a term not to exceed three <(3)>
912-8 years, as determined by the board.
912-9 (b) <(e)> The assessor-collector may <for such service
912-10 shall> receive the <such> compensation as the board of trustees
912-11 allows <may allow>, not to exceed four percent of the total amount
912-12 of taxes received by the assessor-collector <him>.
912-13 Sec. 45.233 <23.95>. Appointment of Assessor Only. (a) The
912-14 board of trustees of any independent school district may:
912-15 (1) appoint a tax <an> assessor; <of taxes> and
912-16 (2) by resolution <determine and> provide that the
912-17 taxes shall be collected by either the county tax
912-18 assessor-collector <collector> or the tax collector of any
912-19 municipality <city or town> wholly or partly within the limits of
912-20 the school district.
912-21 (b) The tax assessor <of taxes> shall:
912-22 (1) assess the taxable property within the limits of
912-23 the <independent> school district;
912-24 (2) <and shall> prepare the tax rolls of the district;
912-25 and
912-26 (3) sign and certify the tax rolls <them> to the
912-27 county or municipal <city> officer designated to collect the taxes.
913-1 (c) The tax assessor shall receive a fee of two percent of
913-2 the whole amount of taxes assessed by the assessor <him> as shown
913-3 by the <completed> certified tax rolls.
913-4 (d) The <city or> county or municipal officer designated
913-5 <collector selected by the trustee> to collect the taxes <for the
913-6 independent school district> shall accept the rolls prepared by the
913-7 special assessor as provided by Subsection (b) <above>.
913-8 (e) <(f)> The <city or> county or municipal officer
913-9 designated to collect the taxes <official so selected> shall turn
913-10 over all <independent> school district funds the officer collects
913-11 <collected by him> to depository of the <independent> school
913-12 district.
913-13 Sec. 45.234 <23.96>. ASSESSMENT AND COLLECTION BY
913-14 MUNICIPALITY <CITY>. (a) Any independent school district located
913-15 entirely or partly within the boundaries of a municipality <an
913-16 incorporated city or town> may authorize, by ordinance or
913-17 resolution, the tax assessor and tax collector of the municipality
913-18 in which it is located, entirely or partly, to act as tax assessor
913-19 and tax collector, respectively, for the district.
913-20 (b) When the ordinance or resolution is passed making
913-21 available their services, the municipal <said> assessor shall
913-22 assess the taxes for and perform the duties of tax assessor for the
913-23 <independent> school district,<;> and the municipal collector shall
913-24 collect the taxes and assessments for and shall perform the duties
913-25 of tax collector of the <independent> school district.
913-26 (c) In all matters pertaining to the <such> assessments and
913-27 collections, the tax assessor and tax collector may <shall be
914-1 authorized to> act as and shall perform respectively the duties of
914-2 tax assessor and tax collector of the <independent> school
914-3 district.
914-4 (d) When the tax assessor and tax collector of any
914-5 municipality have been authorized <by ordinance or resolution> to
914-6 act as and perform the duties, respectively, of tax assessor and
914-7 tax collector of a <an independent> school district located
914-8 entirely or partly within its boundaries, the <such included>
914-9 district shall pay the municipality for the <said> services and for
914-10 <such> other incidental expenses as are necessarily incurred in
914-11 connection with providing the <rendering of such> services, <such
914-12 an amount> as <may be> agreed <upon> by the governing bodies of the
914-13 municipality and the <independent> school district.
914-14 Sec. 45.235 <23.97>. Cooperation Between Districts.
914-15 (a) The trustees of two or more independent school districts may,
914-16 by a two-thirds vote of each board of trustees participating,
914-17 consolidate the assessing and collecting of their taxes by
914-18 appointing one <and the same> person as assessor-collector for all
914-19 the districts entering into the agreement.
914-20 (b) The appointment shall be for a term not to exceed two
914-21 years. The boards of trustees may prescribe additional duties and
914-22 qualifications to those usually required of tax assessor-collectors
914-23 <such officers>.
914-24 (c) <(d)> The assessor-collector shall receive <such>
914-25 compensation set by <as> the boards of trustees <may fix>, not to
914-26 exceed two percent for assessing and not to exceed two percent for
914-27 collecting on the total amount of taxes collected.
915-1 (d) <(e)> If the assessor-collector selected is an <a
915-2 regularly licensed> attorney, the participating boards of trustees
915-3 may by agreement:
915-4 (1) include in the assessor-collector's <his> duties
915-5 the collecting of delinquent taxes; and
915-6 (2) provide as extra compensation for collecting
915-7 delinquent taxes <therefor> the percentage provided for the
915-8 collection of delinquent <state and> county taxes.
915-9 CHAPTER 46 <18>. COUNTYWIDE EQUALIZATION FUND OR
915-10 COUNTY-UNIT <COUNTY UNIT> SYSTEM OF
915-11 EQUALIZATION TAXATION
915-12 Sec. 46.001 <18.01>. Definition. The county-unit <county
915-13 unit> system is a method by which the voters of a county may,
915-14 without affecting the operation of any existing school district in
915-15 <within> the county, create an additional countywide school
915-16 district that <which> may exercise <in and> for the entire
915-17 territory of the county the taxing power conferred on school
915-18 districts by <Article VII,> Section 3, Article VII, <of the> Texas
915-19 Constitution, for the purpose of adopting a countywide equalization
915-20 tax for the maintenance of the public schools.
915-21 Sec. 46.002 <18.02>. <VALIDATION AND> CONVERSION TO PRESENT
915-22 LAW. (a) Any <All actions heretofore taken in establishing in any
915-23 county a countywide equalization fund or a county-unit system of
915-24 any sort, whether established, organized, and/or created by the
915-25 vote of the people residing in such counties or by the action of
915-26 the county school trustees or the county board of education, as the
915-27 case may be, and whether authorized or created by general or
916-1 special law in this state, are hereby validated in all respects,
916-2 regardless of whether or not such actions were duly and legally
916-3 taken in the first instance; and all such county equalization funds
916-4 and/or county-unit systems resulting from such action and
916-5 heretofore collecting and distributing countywide equalization
916-6 funds or functioning as county-unit systems are hereby in all
916-7 things validated.>
916-8 <(b) All facts of county judges, county school trustees, or
916-9 county boards of education in such counties in ordering an election
916-10 or elections, declaring the results of such election, levying,
916-11 attempting, or purporting to levy county equalization taxes or
916-12 taxes for or on behalf of a countywide district or a county
916-13 equalization fund are hereby in all things validated.>
916-14 <(c) All> county-unit system <systems heretofore created and
916-15 hereby> validated under Section 18.02, Education Code, as that
916-16 section existed January 1, 1995, may <are hereby authorized and
916-17 empowered to> levy, assess, and collect a <the same rate of> tax at
916-18 a rate<, or> not to exceed the rate <of tax heretofore> authorized
916-19 or attempted to be authorized by <any act of> the county governing
916-20 body, <or> by <any election of> the <taxpaying> voters of the
916-21 <said> county at an election, or by <any act, whether general or
916-22 special, by> the legislature<, or the same rate as is being levied,
916-23 assessed, and collected therein and heretofore authorized or
916-24 attempted to be authorized by any act or acts of said counties or
916-25 by any act, whether general or special, of the legislature>.
916-26 (b) Any county <(d) All counties> in which an equalization
916-27 fund has <heretofore> been created may <are hereby authorized to>
917-1 levy, assess, and collect a <the same rate of> tax at a rate <or>
917-2 not to exceed the rate of tax <heretofore> authorized or attempted
917-3 to be authorized by <any election of> the <taxpaying> voters of the
917-4 county at an election or by <any act, whether general or special,
917-5 by> the legislature<, or the same rate as is being levied,
917-6 assessed, and collected therein and heretofore authorized or
917-7 attempted to be authorized by any act or acts of said counties or
917-8 by any act, whether general or special, of the legislature>.
917-9 (c) <(e)> All <future> administrative procedures, elections,
917-10 and tax levies in <those> counties that <which now> have an
917-11 equalization fund or <which> are <now> operating under a
917-12 county-unit system are governed<, shall be controlled> by <the
917-13 provisions of> this chapter.
917-14 Sec. 46.003 <18.03>. Authorization. (a) A county-unit
917-15 system may not be adopted under this chapter after May 1, 1993. A
917-16 system purportedly created after that date is not valid <dissolved
917-17 September 1, 1993>. This subsection does not affect the existence
917-18 or operation of a county-unit system adopted before that date.
917-19 (b) Any county in which the county-unit system has been
917-20 adopted may, if <further> authorized by a majority of the qualified
917-21 <property taxpaying> voters residing in the county <therein> at an
917-22 election held for that purpose as provided by <in> this chapter,
917-23 exercise <in and> for the entire territory of the county, to the
917-24 extent prescribed by <in> this chapter <prescribed>, the taxing
917-25 <tax> power conferred on school districts by <Article VII,> Section
917-26 3, Article VII, <of the> Texas Constitution.
917-27 <Sec. 18.05. ELECTION TO ADOPT THE COUNTY-UNIT SYSTEM.
918-1 (a) All legally qualified voters in the county shall be allowed to
918-2 vote at the election to determine whether or not the county shall
918-3 adopt the county-unit system.>
918-4 <(b) The form of ballot shall be substantially as follows:
918-5 "For Equalization District" and "Against Equalization District.">
918-6 <(c) The election shall be conducted by the election officer
918-7 appointed to hold the election of district school trustees in each
918-8 school district in the county and at the same polling places. The
918-9 expenses of the election shall be paid from general county funds.>
918-10 <(d) The commissioners court at its next regular meeting
918-11 following the election, shall canvass the returns of the election
918-12 and declare the result. If a majority of the votes cast favor the
918-13 formation of such a district, the court shall declare the
918-14 countywide school equalization district duly and legally created
918-15 and the provisions of this chapter duly adopted.>
918-16 Sec. 46.004 <18.06>. Management. (a) In those counties
918-17 that <which> have adopted <or may hereafter adopt> the county-unit
918-18 system, the general management<, supervision> and control of the
918-19 countywide school district is <shall be> vested in the county
918-20 governing board provided for under Chapter 14 <as specified in
918-21 Section 17.01 of this code>.
918-22 (b) In those counties adopting the county-unit system and
918-23 having a <total> population of fewer than 100,000, the county
918-24 governing board shall be designated as the county school trustees.
918-25 (c) In those counties adopting the county-unit system and
918-26 having a <total> population of 100,000 or more, the county
918-27 governing board shall be designated as the county board of
919-1 education.
919-2 (d) After the adoption of <the provisions of> this chapter,
919-3 the county governing board shall continue to exercise all powers
919-4 and duties assigned to it in Chapter 14 <17> and in other
919-5 provisions of this code, and in addition, <thereto> shall perform
919-6 the other functions assigned to it under <the terms of> this
919-7 chapter.
919-8 Sec. 46.005 <18.07>. Petition for Tax Election. (a) On
919-9 receipt of a petition <legally praying> for the authority to levy
919-10 and collect an equalization tax and complying with <fulfilling the
919-11 requirements of> this section, the county judge of any county that
919-12 <which> has adopted the county-unit system shall immediately order
919-13 an election to be held throughout the county in compliance with
919-14 <the terms of> the petition.
919-15 (b) The petition must be signed by the applicable number of
919-16 registered <legally qualified taxpaying> voters of the county as
919-17 specified below:
919-18 (1) in <In> those counties with a population of fewer
919-19 than 500,000, <according to the last federal census,> the petition
919-20 must be signed by at least 100 registered <properly qualified
919-21 taxpaying> voters; and<.>
919-22 (2) in <In> those counties with a population of at
919-23 least 500,000, <according to the last federal census,> the petition
919-24 must be signed by a number equal to at least 10 percent of those
919-25 voting for governor at the last preceding general election.
919-26 (c) The petition may request <pray for> authority to levy
919-27 and collect an equalization tax at any specified rate not exceeding
920-1 <in excess of> the maximum rate permitted under <for the county as
920-2 set out in> Section 46.010 <18.12 of this code>.
920-3 Sec. 46.006 <18.08>. Order; Notice. (a) If the petition
920-4 specifies a rate, the county judge shall incorporate that rate in
920-5 the <his> order. If a<; if no> rate is not specified in the
920-6 petition, the order of the county judge must <shall> indicate that
920-7 the rate may not exceed <shall not be in excess of> the maximum
920-8 rate permitted under Section 46.010 <the general law applicable to
920-9 the county>.
920-10 (b) The county judge shall give notice of the election by
920-11 publication of the order not later than the 20th day before the
920-12 date of the <at least 20 days prior to said> election in a <some>
920-13 newspaper published in the county.
920-14 Sec. 46.007 <18.09>. Election. (a) The election shall be
920-15 held not later than the 30th day <more than 30 days> after the date
920-16 of the order.
920-17 (b) <Only legally qualified property taxpaying voters, who
920-18 own property in the county and who have duly rendered the same for
920-19 taxation, shall be allowed to vote.>
920-20 <(c)> The form of the ballot shall be substantially as
920-21 follows:
920-22 (1) if a <If no> specific tax rate is not <was> set in
920-23 the petition, the proposition shall read: "For county tax" and
920-24 "Against county tax."
920-25 (2) if <If> a specific tax rate was incorporated in
920-26 the petition, the proposition shall read: "For county tax not
920-27 exceeding __________ cents on the $100 valuation" and "Against
921-1 county tax not exceeding __________ cents on the $100 valuation."
921-2 Sec. 46.008 <18.10>. Canvass; Result. (a) The
921-3 commissioners court shall, at its next regular meeting, canvass the
921-4 returns of the election and declare the result.
921-5 (b) If a majority of the votes cast <shall> favor the tax,
921-6 the court shall certify that fact to the county governing board and
921-7 to the county tax assessor-collector <tax assessor and collector>.
921-8 (c) The county governing board, on <upon> receipt of
921-9 certification of the adoption of the tax, may <shall be authorized
921-10 to> levy the tax at the rate voted or, if a <no> rate was not
921-11 specified, at a rate not to exceed the maximum rate permitted under
921-12 <for the county as provided in> Section 46.010 <18.12 of this
921-13 code>.
921-14 (d) The county tax assessor-collector <tax assessor and
921-15 collector>, on <upon> receipt of certification of the adoption of
921-16 the tax, may <shall be authorized to> assess and collect the
921-17 equalization tax as levied by the county governing board.
921-18 (e) If a majority of the votes cast oppose the tax, a second
921-19 election on <upon> the basis of a new petition may be held not
921-20 later than the second anniversary of <at any time within two years
921-21 after> the adoption of the county-unit <county unit> system if,<,
921-22 but if> at a <such> second election a majority of the votes cast
921-23 again oppose the tax, the county-unit <county unit> system ceases
921-24 <shall cease> to exist <within the county and be reestablished only
921-25 by a new election as provided in Sections 18.04 and 18.05 of this
921-26 code>.
921-27 Sec. 46.009 <18.11>. Election to Revoke Tax. An <No>
922-1 election to revoke a tax adopted under <the provisions of> this
922-2 chapter may not <shall> be ordered until the third anniversary
922-3 <expiration> of <three years from> the date of the election at
922-4 which the tax was adopted.
922-5 Sec. 46.010 <18.12>. Maximum Tax Rate. <(a)> The
922-6 countywide <county-wide> equalization tax that <which> may be
922-7 authorized by the voters under this chapter shall be assessed at
922-8 rates not to exceed the lesser of the rate specified in the
922-9 petition requesting an election to authorize the tax or:
922-10 (1) 50 cents on the $100 property valuation in those
922-11 counties with a <total> population of 100,000 or more; or<.>
922-12 (2) $1 on the $100 property valuation in those
922-13 counties with a <total> population of fewer than 100,000.
922-14 <(b) In the event the petition requisite to the calling of a
922-15 tax election, as specified in Section 18.07 of this code, prays for
922-16 authority to levy and collect an equalization tax at a specific
922-17 rate less than the maximum for the county as set out in subsection
922-18 (a) of this section, the maximum for that county shall be the rate
922-19 specified in the petition.>
922-20 Sec. 46.011 <18.13>. Assessment and Collection of Tax. (a)
922-21 The county equalization tax shall be imposed on all taxable
922-22 property in the county.
922-23 (b) The county tax assessor-collector <tax assessor and
922-24 collector> shall assess and collect the county equalization tax.
922-25 (c) The tax assessor-collector, with <collector shall, upon>
922-26 the authorization of the county governing board as provided by <in>
922-27 Section 46.012 <18.14 of this code>, shall place to the credit of
923-1 the common school districts in the county <such> money <as is>
923-2 apportioned to them. The<, the> funds shall <to> be protected as
923-3 provided by <existing> depository laws.
923-4 (d) The tax assessor-collector <collector> shall honor all
923-5 warrants issued by the county governing board in allocating money
923-6 from the county equalization fund to independent school districts
923-7 in <within> the county. The<, and the> funds <so> received by the
923-8 independent school districts shall be protected in accordance with
923-9 <existing> depository laws.
923-10 Sec. 46.012 <18.14>. DISTRIBUTION OF EQUALIZATION TAX FUNDS.
923-11 (a) The county governing board shall distribute the money <moneys>
923-12 collected from the equalization tax according to <the provisions
923-13 of> this section.
923-14 (b) The funds shall be distributed to the common and
923-15 independent school districts of the county on the basis of the
923-16 average daily attendance for the preceding school <prior> year as
923-17 approved by the agency <State Department of Education>.
923-18 (c) Any county-line district is <shall be> eligible to
923-19 receive its available school fund <per capita> apportionment based
923-20 upon the number of students <scholastic pupils> residing in the
923-21 county of the equalization district in <as shown by the> average
923-22 daily attendance for the preceding school <prior> year as approved
923-23 by the agency <State Department of Education>.
923-24 (d) The county governing board shall issue warrants, <(>on
923-25 the <per capita> basis of average daily attendance for the
923-26 preceding school year, <specified above)> against the equalization
923-27 fund to the board of trustees of each school district <trustees in
924-1 each district>. The <However, the> apportionment may be made by
924-2 the county governing board either annually or <from time to time>
924-3 as the money is collected.
924-4 (e) The county superintendent in each county adopting the
924-5 county-unit <county unit> system and authorizing the assessment and
924-6 collection of an equalization tax shall keep a record of all money,
924-7 both received and paid out, from the county equalization fund.
924-8 Sec. 46.013 <18.15>. EFFECT ON <LOCAL> SCHOOL DISTRICTS.
924-9 (a) The adoption of the county-unit <county unit> system under
924-10 <the provisions of> this chapter does <shall> not change <have the
924-11 effect of changing> any duties imposed on or powers conferred on
924-12 the trustees of any common, independent, or other school district
924-13 in <within> the county.
924-14 (b) The <several> common, independent, or other school
924-15 districts in <within> any county adopting <the provisions of> this
924-16 chapter <shall> continue to have authority to levy, assess, and
924-17 collect the maintenance taxes <which have theretofore or hereafter
924-18 may be> authorized for <by the property taxpayers of> those
924-19 districts.
924-20 (c) The adoption of <the provisions of> this chapter does
924-21 <shall> not affect the right and duty of the <respective> school
924-22 districts to levy, assess, and collect taxes within respective
924-23 districts for the payment of principal and interest on the bonded
924-24 indebtedness of those districts.
924-25 (d) Money <No money> received by a common, independent, or
924-26 other school district from the county equalization tax fund may not
924-27 <shall> be used to pay any principal of or interest on <present or
925-1 future> bond issues of the district <or interest thereon>.
925-2 Sec. 46.014 <18.25>. Meeting to Determine Tax Required. (a)
925-3 If the vote is <be> in favor of a <such> tax, the county school
925-4 trustees <County School Trustees> of the <such> county shall, as
925-5 soon after the election <thereafter> as practicable, hold a meeting
925-6 to determine <for the purpose of determining> the amount of money
925-7 required for equalization purposes<,> and for the payment of
925-8 administration expense in the <such> counties. The trustees<, and
925-9 they> shall <thereupon> make their order setting forth the
925-10 estimated amount of money required for those <such> purposes<,> and
925-11 the rate of tax to be levied to raise that money. The trustees
925-12 <such sums, and> shall certify the amount <same> to the
925-13 commissioners court. The commissioners court <Commissioners'
925-14 Court; and the Commissioners' Court> shall levy the rate <so>
925-15 certified to them <by the said County School Trustees>, not to
925-16 exceed the rate fixed by this chapter, and provide for the <cause
925-17 such> tax to be assessed and collected.
925-18 (b) In a county with a population of more than 1.5 million
925-19 that has a board of county school trustees, that board <Board of
925-20 County School Trustees, the Board> shall levy the rate determined
925-21 under Subsection (a) <of this section>. The board of county school
925-22 trustees <Board> shall certify the rate <levied by the Board> to
925-23 the county tax assessor-collector <assessor and collector>, who
925-24 shall assess and collect the tax.
925-25 Sec. 46.015 <18.26>. County Equalization Fund. The tax
925-26 <herein> provided for by this chapter constitutes <shall
925-27 constitute> a part of the school funds of the <said> counties, and
926-1 may <shall> never be levied, assessed, or collected for any purpose
926-2 other than those <herein> specified by this chapter<,> and for the
926-3 advancement of public <free> schools in those <such> counties. The
926-4 tax<; and when collected, it> shall be deposited by the tax
926-5 assessor-collector in the county depository <Tax Collector in the
926-6 County Depository> in a fund which shall be known as "County
926-7 Equalization Fund", and a statement of the amounts collected shall
926-8 be furnished monthly by the assessor-collector to the county school
926-9 trustees <Collector to the County School Trustees>.
926-10 Sec. 46.016 <18.28>. Expenditure of Funds. Funds collected
926-11 under this chapter <Such funds> shall be spent <expended by the
926-12 County School Trustees of such counties> for the equalization of
926-13 educational opportunities in the <such> counties<,> and for the
926-14 payment of administration expense, on <upon> warrants signed by the
926-15 president and the secretary of the county school trustees. The
926-16 <President and the Secretary of the County School Trustees; and all
926-17 such> expenditures shall be approved monthly by the trustees. The
926-18 <County School Trustees; provided, however, no part of such> fund
926-19 may not be spent <shall be expended> in any school district that
926-20 <which> does not levy a tax for school purposes of 75 cents or more
926-21 on the $100 <100 Dollars> value of taxable property in the <such>
926-22 district.
926-23 Sec. 46.017 <18.29>. EFFECT ON OTHER TAXES <DUTIES AND
926-24 POWERS>. <The duties, powers and authorities herein given to the
926-25 County School Trustees shall be cumulative of all other duties,
926-26 powers and authorities heretofore or hereafter given such
926-27 Trustees.> This chapter does <law shall> not affect the levy,
927-1 assessment, or collection of any other tax <heretofore or
927-2 hereafter> levied, assessed, or collected in any school district in
927-3 <such> counties imposing a tax under this chapter, and the tax is
927-4 imposed under this chapter <herein provided for shall be> in
927-5 addition to any <such> other tax<, or taxes>.
927-6 Sec. 46.018 <18.30>. Payment of Superintendent's Salary and
927-7 Expense. If a <(a) In the event that the> tax is <herein provided
927-8 for shall be> authorized by the voters of a <the> county to which
927-9 this chapter applies, then the county superintendent's <County
927-10 Superintendent's> salary and all expenses of maintaining the
927-11 superintendent's <his> office shall be paid out of the tax funds
927-12 collected <realized from the collection of the tax herein provided
927-13 for>.
927-14 <(b) Until the tax provided for herein shall be authorized
927-15 and levied, the salary of the County Superintendent and his
927-16 assistants, and the expenses of maintaining the office of County
927-17 Superintendent, shall continue to be paid as otherwise provided by
927-18 law.>
927-19 SECTION 3. REDESIGNATION AND RENUMBERING. (a) As provided
927-20 by this section, the provisions of Title 2, Education Code, as they
927-21 existed on January 1, 1995, are transferred to Subtitle K, Title 2,
927-22 Education Code, as added by this Act, and are redesignated or
927-23 renumbered.
927-24 (b) Chapter 36 is redesignated as Chapter 41, and the
927-25 sections comprising the chapter are renumbered, as follows:
927-26 CHAPTER 41 <36>
927-27 Sec. 41.001 <36.001>.
928-1 Sec. 41.002 <36.002>.
928-2 Sec. 41.003 <36.003>.
928-3 Sec. 41.004 <36.004>.
928-4 Sec. 41.005 <36.005>.
928-5 Sec. 41.006 <36.006>.
928-6 Sec. 41.007 <36.007>.
928-7 Sec. 41.008 <36.0075>.
928-8 Sec. 41.009 <36.008>.
928-9 Sec. 41.010 <36.0085>.
928-10 Sec. 41.011 <36.009>.
928-11 Sec. 41.012 <36.010>.
928-12 Sec. 41.013 <36.011>.
928-13 Sec. 41.031 <36.031>.
928-14 Sec. 41.032 <36.032>.
928-15 Sec. 41.033 <36.033>.
928-16 Sec. 41.034 <36.034>.
928-17 Sec. 41.061 <36.061>.
928-18 Sec. 41.062 <36.062>.
928-19 Sec. 41.063 <36.063>.
928-20 Sec. 41.064 <36.064>.
928-21 Sec. 41.065 <36.065>.
928-22 Sec. 41.091 <36.091>.
928-23 Sec. 41.092 <36.092>.
928-24 Sec. 41.093 <36.093>.
928-25 Sec. 41.094 <36.094>.
928-26 Sec. 41.095 <36.095>.
928-27 Sec. 41.096 <36.096>.
929-1 Sec. 41.121 <36.121>.
929-2 Sec. 41.122 <36.122>.
929-3 Sec. 41.123 <36.123>.
929-4 Sec. 41.151 <36.151>.
929-5 Sec. 41.152 <36.152>.
929-6 Sec. 41.153 <36.153>.
929-7 Sec. 41.154 <36.154>.
929-8 Sec. 41.155 <36.155>.
929-9 Sec. 41.156 <36.156>.
929-10 Sec. 41.157 <36.157>.
929-11 Sec. 41.158 <36.158>.
929-12 Sec. 41.159 <36.159>.
929-13 Sec. 41.160 <36.160>.
929-14 Sec. 41.201 <36.201>.
929-15 Sec. 41.202 <36.202>.
929-16 Sec. 41.203 <36.203>.
929-17 Sec. 41.204 <36.204>.
929-18 Sec. 41.205 <36.205>.
929-19 Sec. 41.206 <36.206>.
929-20 Sec. 41.207 <36.207>.
929-21 Sec. 41.208 <36.208>.
929-22 Sec. 41.209 <36.209>.
929-23 Sec. 41.210 <36.210>.
929-24 Sec. 41.211 <36.211>.
929-25 Sec. 41.212 <36.212>.
929-26 Sec. 41.213 <36.213>.
929-27 Sec. 41.251 <36.251>.
930-1 Sec. 41.252 <36.252>.
930-2 Sec. 41.253 <36.253>.
930-3 Sec. 41.254 <36.254>.
930-4 Sec. 41.255 <36.255>.
930-5 Sec. 41.256 <36.256>.
930-6 Sec. 41.257 <36.257>.
930-7 (c) Chapter 16 is redesignated as Chapter 42, and the
930-8 sections comprising that chapter are renumbered, as follows:
930-9 CHAPTER 42 <16>
930-10 Sec. 42.001 <16.001>.
930-11 Sec. 42.002 <16.002>.
930-12 Sec. 42.003 <16.003>.
930-13 Sec. 42.004 <16.005>.
930-14 Sec. 42.005 <16.006>.
930-15 Sec. 42.006 <16.007>.
930-16 Sec. 42.007 <16.008>.
930-17 SUBCHAPTER B <C>
930-18 Sec. 42.101 <16.101>.
930-19 Sec. 42.102 <16.102>.
930-20 Sec. 42.103 <16.103>.
930-21 Sec. 42.104 <16.1031>.
930-22 Sec. 42.105 <16.104>.
930-23 SUBCHAPTER C <D>
930-24 Sec. 42.151 <16.151>.
930-25 Sec. 42.152 <16.152>.
930-26 Sec. 42.153 <16.153>.
930-27 Sec. 42.154 <16.155>.
931-1 Sec. 42.155 <16.156>.
931-2 Sec. 42.156 <16.158>.
931-3 Sec. 42.157 <16.159>.
931-4 Sec. 42.158 <16.160>.
931-5 SUBCHAPTER D <F>
931-6 Sec. 42.201 <16.205>.
931-7 SUBCHAPTER E <G>
931-8 Sec. 42.251 <16.251>.
931-9 Sec. 42.252 <16.252>.
931-10 Sec. 42.253 <16.254>.
931-11 Sec. 42.254 <16.2541>.
931-12 Sec. 42.255 <16.255>.
931-13 Sec. 42.256 <16.256>.
931-14 Sec. 42.257 <16.258>.
931-15 Sec. 42.258 <16.259>.
931-16 Sec. 42.259 <16.260>.
931-17 SUBCHAPTER F <H>
931-18 Sec. 42.301 <16.301>.
931-19 Sec. 42.302 <16.302>.
931-20 Sec. 42.303 <16.303>.
931-21 Sec. 42.304 <16.304>.
931-22 SUBCHAPTER G <I>
931-23 Sec. 42.401 <16.401>.
931-24 Sec. 42.402 <16.402>.
931-25 SECTION 4. AMENDMENT. Section 16.002, Education Code, which
931-26 is redesignated by this Act as Section 42.002, is amended by
931-27 amending Subsection (b) to read as follows:
932-1 (b) The Foundation School Program consists of two tiers to
932-2 provide for:
932-3 (1) <the purposes specified by Subsection (a) of this
932-4 section. The first tier guarantees> sufficient financing for all
932-5 school districts to provide a basic program of education that is
932-6 rated academically acceptable or higher under Section 39.071
932-7 <meets accreditation> and meets other applicable legal standards;
932-8 and
932-9 (2) <. The second tier provides a guaranteed yield
932-10 system of financing to provide all school districts with>
932-11 substantially equal access to funds to provide an enriched program
932-12 and additional funds for facilities.
932-13 SECTION 5. AMENDMENT. Section 16.003, Education Code, which
932-14 is redesignated by this Act as Section 42.003, is amended by
932-15 amending Subsections (a) and (d) and adding Subsection (e) to read
932-16 as follows:
932-17 (a) A student is entitled to the benefits of the Foundation
932-18 School Program if the student <he> is 5 years of age or older and
932-19 under 21 years of age on September 1 of the school <at the
932-20 beginning of the scholastic> year and has not graduated from high
932-21 school.
932-22 (d) A child may be enrolled in the first grade if the child
932-23 <he> is at least six years of age at the beginning of the school
932-24 <scholastic> year of the district or has been enrolled in the first
932-25 grade or has completed kindergarten in the public schools in
932-26 another state prior to transferring to a <Texas> public school in
932-27 this state.
933-1 (e) Notwithstanding Subsection (a), a student younger than
933-2 five years of age is entitled to the benefits of the foundation
933-3 school program if:
933-4 (1) the student performs satisfactorily on the
933-5 assessment instrument administered under Section 39.023(a) to
933-6 students in the third grade; and
933-7 (2) the district has adopted a policy for admitting
933-8 students younger than five years of age.
933-9 SECTION 6. AMENDMENT. Section 16.006, Education Code, which
933-10 is redesignated by this Act as Section 42.005, is amended by
933-11 amending Subsection (a) to read as follows:
933-12 (a) In this chapter<:>
933-13 <(1) for the 1993-1994 and 1994-1995 school years,
933-14 average daily attendance is determined by the daily attendance as
933-15 averaged each month of the minimum school year as described under
933-16 Section 16.052(a); and>
933-17 <(2) for the 1995-1996 school year and each year
933-18 thereafter>, average daily attendance is the quotient of the sum of
933-19 attendance for each day of the minimum number of days of
933-20 instruction <school year> as described by <under> Section 25.081
933-21 <16.052(a) and for each day approved by the commissioner of
933-22 education for an extended year program under Section 21.562>
933-23 divided by the minimum number of days of instruction <in the
933-24 minimum school year>.
933-25 SECTION 7. AMENDMENT. Section 16.007, Education Code, which
933-26 is redesignated by this Act as Section 42.006, is amended by
933-27 amending Subsection (c) to read as follows:
934-1 (c) Annually, the commissioner <of education> shall review
934-2 the Public Education Information Management System and shall repeal
934-3 or amend rules that require school districts to provide information
934-4 through the Public Education Information Management System that is
934-5 not necessary <or useful>. In reviewing and revising the Public
934-6 Education Information Management System, the commissioner shall
934-7 develop rules to ensure that the system:
934-8 (1) provides useful, accurate, and timely information
934-9 on student demographics and academic performance, personnel, and
934-10 school district finances;
934-11 (2) contains only the data necessary for the
934-12 legislature and the agency to perform their legally authorized
934-13 functions in overseeing the public education system; and
934-14 (3) does not contain any information related to
934-15 instructional methods, except as required by federal law.
934-16 <(c) The Central Education Agency shall report annually to
934-17 the Legislative Budget Board the financial status of each county
934-18 education district. The report shall include the total state and
934-19 local education revenues for each tier of the Foundation School
934-20 Program.>
934-21 SECTION 8. AMENDMENT. Subchapter A, Chapter 42, as
934-22 designated by this Act, is amended by adding Section 42.008 to read
934-23 as follows:
934-24 Sec. 42.008. VENUE FOR CERTAIN OFFENSES INVOLVING FOUNDATION
934-25 SCHOOL PROGRAM. (a) An offense under Section 31.03, Penal Code,
934-26 may be prosecuted in Travis County or any other county in which
934-27 venue is proper under Chapter 13, Code of Criminal Procedure, if
935-1 the property appropriated is money distributed under the Foundation
935-2 School Program.
935-3 (b) An offense under Section 37.10, Penal Code, may be
935-4 prosecuted in Travis County or any other county in which venue is
935-5 proper under Chapter 13, Code of Criminal Procedure, if the
935-6 governmental record is required:
935-7 (1) under this chapter; or
935-8 (2) by rule of the State Board of Education or the
935-9 commissioner for administration or enforcement of the Foundation
935-10 School Program.
935-11 SECTION 9. TRANSFER AND AMENDMENT. Section 16.052,
935-12 Education Code, is transferred to Subchapter M, Chapter 21,
935-13 Education Code, as added by Section 2 of this Act, is redesignated
935-14 as Sections 21.451 and 21.452, Education Code, and is amended to
935-15 read as follows:
935-16 Sec. 21.451 <16.052>. <OPERATION OF SCHOOLS;> TEACHER
935-17 PREPARATION, <AND> STAFF DEVELOPMENT, AND CONTINUING EDUCATION.
935-18 (a) Except as provided by Subsection (b) or Section 25.084, for
935-19 each school year, each <Each> school district must provide for not
935-20 less than:
935-21 (1) two <180 days of instruction for students and not
935-22 less than three> days of preparation for classroom teachers;
935-23 (2) five days of staff development; and
935-24 (3) three days of continuing education for educators
935-25 to fulfill requirements adopted by State Board for Educator
935-26 Certification rule <for each school year, except as provided in
935-27 Subsection (c) of this section>.
936-1 (b) <Each school district must provide for not less than 20
936-2 hours of staff development training under guidelines provided by
936-3 the commissioner of education. The training provided must include
936-4 technology training and must occur during regular hours of required
936-5 teacher service. On the request of a teacher, a school district
936-6 may credit the teacher compensatory time to be applied toward the
936-7 number of training hours required under this subsection for
936-8 workshops, conferences, or other professional training that the
936-9 teacher has attended.>
936-10 <(c)> The commissioner <of education> may approve <the
936-11 operation of schools for> less than the number of days of
936-12 <instruction and> teacher preparation or staff development
936-13 otherwise required when disasters, floods, extreme weather
936-14 conditions, fuel curtailments, or other calamities have caused the
936-15 closing of the school.
936-16 (c) <(d)> Each school district may reserve three hours of
936-17 the first preparation day provided each school year under
936-18 Subsection (a) <of this section> for faculty staff meetings.
936-19 Sec. 21.452. STAFF DEVELOPMENT REQUIREMENTS. (a) <(e)> The
936-20 staff development required by Section 21.451 <this section> must be
936-21 conducted in accordance with minimum standards developed by the
936-22 commissioner for program planning, preparation, and improvement.
936-23 The staff development must include technology training.
936-24 (b) At least three days of the staff development must be
936-25 <predominantly> campus-based, related to achieving campus
936-26 performance objectives established under Section 12.203 <for the
936-27 purpose of improving student achievement>, and developed and
937-1 approved by <planned with the involvement of> the campus school
937-2 committee established under Section 12.202 <21.931 of this code>.
937-3 (c) A school district may designate not more than one day of
937-4 the staff development training for district-wide staff development
937-5 developed and approved through the district-level decision process
937-6 under Section 12.201 <Campus staff development may include
937-7 activities that enable the campus staff to plan together, to
937-8 enhance existing skills, to share effective strategies, to reflect
937-9 on curricular and instructional issues, to analyze student
937-10 achievement results, to reflect on means of increasing student
937-11 achievement, to study research, to practice new methods, to
937-12 identify students' strengths and needs, to develop meaningful
937-13 programs for students, to appropriately implement site-based
937-14 decision making, and to conduct action research. Staff development
937-15 activities may include study teams, individual research, peer
937-16 coaching, workshops, seminars, conferences, and other reasonable
937-17 activities that have the potential to improve student achievement>.
937-18 SECTION 10. TRANSFER AND AMENDMENT. Section 16.054,
937-19 Education Code, is transferred to Subchapter D, Chapter 25,
937-20 Education Code, as added by Section 2 of this Act, is redesignated
937-21 as Section 25.111, Education Code, and is amended to read as
937-22 follows:
937-23 Sec. 25.111 <16.054>. Student/Teacher Ratios<; Class Size>.
937-24 <(a)> Except as provided by Section 25.112 <Subsection (b) of this
937-25 section>, each school district must employ a sufficient number of
937-26 certified teachers to maintain an average ratio of not less than
937-27 one teacher for each 20 students in average daily attendance.
938-1 <(b) A school district may not enroll more than 22 students
938-2 in a kindergarten, first, second, third, or fourth grade class.
938-3 This requirement shall not apply during the last 12 weeks of any
938-4 school year.>
938-5 <(c) In determining the number of students to enroll in any
938-6 class, a district shall consider the subject to be taught, the
938-7 teaching methodology to be used, and any need for individual
938-8 instruction.>
938-9 <(d) On application of a school district, the commissioner
938-10 may except the district from the limits in Subsection (b) of this
938-11 section if the commissioner finds the limits work an undue hardship
938-12 on the district. An exception expires at the end of the semester
938-13 for which it is granted, and the commissioner may not grant an
938-14 exception for more than one semester at a time.>
938-15 <(e) The commissioner shall report to the legislature each
938-16 biennium regarding compliance with this section. The report must
938-17 include:>
938-18 <(1) a statement of the number of school districts
938-19 granted an exception under Subsection (d) of this section; and>
938-20 <(2) an estimate of the total cost incurred by school
938-21 districts in that biennium in complying with this section.>
938-22 SECTION 11. AMENDMENT. Section 16.103, Education Code,
938-23 which is redesignated by this Act as Section 42.103, is amended to
938-24 read as follows:
938-25 Sec. 42.103 <16.103>. SMALL AND MID-SIZED DISTRICT
938-26 ADJUSTMENT. (a) The basic allotment for certain small and
938-27 mid-sized districts is adjusted in accordance with Subsections (b)
939-1 and (c) <of this section>. In this section:
939-2 (1) "AA" is the district's adjusted allotment per
939-3 student;
939-4 (2) "ADA" is the number of students in average daily
939-5 attendance for which the district is entitled to an allotment under
939-6 Section 42.101 <16.101 of this code>; <and>
939-7 (3) "ABA" is the adjusted basic allotment determined
939-8 under Section 16.102 of this code; and
939-9 (4) "TS" is the number of students attending the
939-10 district who do not reside in the district or are not otherwise
939-11 entitled to attend the district under Section 25.001.
939-12 (b) The basic allotment of a school district that <contains
939-13 at least 300 square miles and> has not more than 1,600 students in
939-14 average daily attendance and either is the only school district in
939-15 the county or contains at least 300 square miles is adjusted by
939-16 applying the formula:
939-17 (c) The basic allotment of a school district that <contains
939-18 less than 300 square miles and> has not more than 5,000 <1,600>
939-19 students in average daily attendance, other than a district
939-20 described by Subsection (b), is adjusted by applying the formula
939-21 that results in the greatest adjusted allotment:
939-22 SECTION 12. AMENDMENT. Section 16.152, Education Code,
939-23 which is redesignated by this Act as Section 42.152, is amended by
939-24 amending Subsections (a), (f), and (n) and adding Subsection (p) to
939-25 read as follows:
939-26 (a) For each student who is educationally disadvantaged or
939-27 each student who is not disabled and resides <a nonhandicapped
940-1 student residing> in a residential placement facility in a district
940-2 in which the student's parent or legal guardian does not reside, a
940-3 district is entitled to an annual allotment equal to the adjusted
940-4 basic allotment multiplied by 0.2, and by 2.41 for each full-time
940-5 equivalent student who is in a remedial and support program under
940-6 Section 29.081 <21.557 of this code> because the student is
940-7 pregnant.
940-8 (f) The commissioner <of education> may:
940-9 (1) retain a portion of the total amount allotted
940-10 under Subsection (a) <of this section> that the commissioner
940-11 considers appropriate <to finance pilot programs under Section
940-12 11.191 of this code and> to finance intensive remedial instruction
940-13 programs and study guides provided under Sections 39.024(b) and (c)
940-14 <21.552(b) and (c) of this code>; and
940-15 (2) reduce each district's tier one allotments in the
940-16 same manner described for a reduction in allotments under Section
940-17 42.253 <16.254>.
940-18 (n) From the total amount of funds appropriated for
940-19 allotments under this section, the commissioner <of education> may
940-20 withhold an amount not exceeding $1 million each fiscal year and
940-21 distribute the funds to school districts that incur unanticipated
940-22 expenditures resulting from a significant increase in the
940-23 enrollment of <nonhandicapped> students who are not disabled and
940-24 who reside in residential placement facilities.
940-25 <(n) After deducting the amount withheld under Subsection
940-26 (m) of this section from the total amount appropriated for the
940-27 allotment under Subsection (a) of this section, the commissioner of
941-1 education shall reduce each district's allotment under Subsection
941-2 (a) proportionately and shall allocate funds to each district
941-3 accordingly.>
941-4 (p) The commissioner shall:
941-5 (1) withhold, from the total amount of funds
941-6 appropriated for allotments under this section, an amount
941-7 sufficient to finance extended year programs under Section 29.082;
941-8 and
941-9 (2) reduce each district's tier one allotments in the
941-10 same manner described for a reduction in allotments under Section
941-11 42.253.
941-12 SECTION 13. AMENDMENT. Section 16.153, Education Code,
941-13 which is redesignated by this Act as Section 42.153, is amended by
941-14 amending Subsection (c) to read as follows:
941-15 (c) A district's bilingual education or special language
941-16 allocation may be used only for program and student <pupil>
941-17 evaluation, instructional materials and equipment, staff
941-18 development, participation in regional education service center
941-19 bilingual education institutes, supplemental staff expenses, salary
941-20 supplements for teachers, and other supplies required for enhanced
941-21 <quality> instruction and smaller class size.
941-22 SECTION 14. AMENDMENT. Section 16.155, Education Code,
941-23 which is redesignated by this Act as Section 42.154, is amended by
941-24 amending Subsection (f) to read as follows:
941-25 (f) Out of the total statewide allotment for vocational
941-26 education under this section, the commissioner <of education> shall
941-27 set aside an amount specified in the General Appropriations Act,
942-1 which may not exceed an amount equal to one percent of the total
942-2 amount appropriated, to support regional vocational education
942-3 planning <committees established under Section 21.115(b) of this
942-4 code>. After deducting the amount set aside under this subsection
942-5 from the total amount appropriated for vocational education under
942-6 this section, the commissioner shall reduce each district's tier
942-7 one allotments in the same manner described for a reduction in
942-8 allotments under Section 42.253 <16.254 of this code>.
942-9 SECTION 15. AMENDMENT. Section 16.156, Education Code,
942-10 which is redesignated by this Act as Section 42.155, is amended by
942-11 amending Subsections (b), (c), and (j) and adding Subsection (k) to
942-12 read as follows:
942-13 (b) For purposes of this section, the student density ("SD")
942-14 of a school district or county is determined by dividing the number
942-15 of students in average daily attendance in the district or county
942-16 by the number of square miles in the district or county <As used in
942-17 this section:>
942-18 <(1) "Regular eligible pupil" means a pupil who
942-19 resides two or more miles from his or her campus of regular
942-20 attendance, measured along the shortest route that may be traveled
942-21 on public roads, and who is not classified as a pupil eligible for
942-22 special education services.>
942-23 <(2) "Eligible special education pupil" means a pupil
942-24 who is eligible for special education services under Section 21.503
942-25 of this code and who would be unable to attend classes without
942-26 special transportation services.>
942-27 <(3) "Linear density" means the average number of
943-1 regular eligible pupils transported daily, divided by the approved
943-2 daily route miles traveled by the respective transportation
943-3 system>.
943-4 (c) Each district or county operating a regular
943-5 transportation system is entitled to an allotment, for each student
943-6 in average daily attendance, that is based on the district's or
943-7 county's student density ("SD"), as follows:
943-8 Student Density Allotment
943-9 0.35 or less $813 - (1,523 X SD)
943-10 More than 0.35, $322 - (120.5 X SD)
943-11 but not more than 1.18
943-12 More than 1.18, $200 - (17.0 X SD)
943-13 but not more than 5.0
943-14 More than 5.0, $127 - (2.33 X SD)
943-15 but not more than 20
943-16 More than 20, $82 - (0.10 X SD)
943-17 but not more than 400
943-18 More than 400 $42
943-19 <based on the daily cost per regular eligible pupil of operating
943-20 and maintaining the regular transportation system and the linear
943-21 density of that system. In determining the cost, the commissioner
943-22 shall give consideration to factors affecting the actual cost of
943-23 providing these transportation services in each district or county.
943-24 The average actual cost is to be computed by the commissioner of
943-25 education and included for consideration by the Foundation School
943-26 Fund Budget Committee and the legislature in the General
943-27 Appropriations Act. The allotment per mile of approved route may
944-1 not exceed the amount set by appropriation.>
944-2 (j) In the case of a district belonging to a county
944-3 transportation system, the district's transportation allotment for
944-4 purposes of determining a district's foundation school program
944-5 allocations shall be determined on the basis of the average daily
944-6 attendance <number> of <approved daily route miles in> the district
944-7 multiplied by the allotment <per mile> to which the county
944-8 transportation system is entitled.
944-9 (k) If the total of the allotments under Subsection (c) for
944-10 a fiscal year exceeds the amount appropriated for transportation
944-11 allotments for that fiscal year, the commissioner of education
944-12 shall reduce each district's allotment in the same manner described
944-13 for a reduction in allotments under Section 42.253.
944-14 SECTION 16. AMENDMENT. Section 16.159, Education Code,
944-15 which is redesignated by this Act as Section 42.157, is amended by
944-16 amending Subsections (a), (b), and (e) to read as follows:
944-17 (a) For each student a school district serves in a <Central
944-18 Education Agency approved> program for gifted and talented students
944-19 that the district certifies to the commissioner as complying with
944-20 <under> Subchapter D <Q>, Chapter 29 <21, of this code> or, in the
944-21 case of a district that is developing a program that the district
944-22 certifies will comply <in accordance with standards established by
944-23 the commissioner of education>, for each student the district
944-24 identifies as gifted and talented under that subchapter <State
944-25 Board of Education criteria>, a district is entitled to an annual
944-26 allotment equal to the district's adjusted basic allotment as
944-27 determined under Section 42.102 or 42.103 <16.102 or Section 16.103
945-1 of this code>, as applicable, multiplied by .12 for each school
945-2 year or a greater amount provided by appropriation.
945-3 (b) Funds allocated under this section, other than the
945-4 amount that represents the program's share of general
945-5 administrative costs, must be used in providing <approved> programs
945-6 for gifted and talented students under Subchapter D <Q>, Chapter
945-7 29, including programs sanctioned by International Baccalaureate
945-8 and Advanced Placement <21, of this code> or, in the case of a
945-9 district that has not yet established a program, in developing
945-10 programs for gifted and talented students. Each district must
945-11 account for the expenditure of state funds as provided by rule of
945-12 the State Board of Education. If by the end of the 12th month
945-13 after receiving an allotment for developing a program a district
945-14 has failed to implement an approved program, the district must
945-15 refund the amount of the allotment to the agency within 30 days.
945-16 (e) If the total amount of funds allotted under this section
945-17 before a date set by rule of the State Board of Education is less
945-18 than the total amount appropriated for a school year, the
945-19 commissioner shall transfer <distribute> the remainder to any
945-20 program for which an allotment under Section 42.152 may be used
945-21 <proportionately to the districts that have received an allotment,
945-22 and no other districts are eligible for an allotment for that
945-23 school year>.
945-24 SECTION 17. AMENDMENT. Section 16.252, Education Code,
945-25 which is redesignated by this Act as Section 42.252, is amended by
945-26 amending Subsections (a) and (c) to read as follows:
945-27 (a) Each school district's share of the Foundation School
946-1 Program shall be an amount determined by the following formula:
946-2 where:
946-3 "LFA" is the school district's local share;
946-4 "TR" is a tax rate which for each hundred dollars of
946-5 valuation is an effective tax rate of $0.86; and
946-6 "DPV" is the taxable value of property in the school district
946-7 for the prior tax year determined under Section 403.302, Government
946-8 Code <11.86 of this code>.
946-9 (c) Appeals of district values shall be held pursuant to
946-10 <Subsection (e) of> Section 403.303, Government Code <11.86 of this
946-11 code>.
946-12 SECTION 18. AMENDMENT. Section 16.254, Education Code,
946-13 which is redesignated by this Act as Section 42.253, is amended by
946-14 amending Subsection (h) to read as follows:
946-15 (h) If the legislature fails during the regular session to
946-16 enact the transfer and appropriation proposed under Subsection (f)
946-17 and there are not funds available under Subsection (j), the
946-18 commissioner shall reduce the total amount of state funds allocated
946-19 to each district by an amount determined by a method under which
946-20 the application of the same number of cents of increase in tax rate
946-21 in all districts applied to the taxable value of property of each
946-22 district, as determined under Section 403.302, Government Code
946-23 <11.86>, results in a total levy equal to the total reduction. The
946-24 following fiscal year, a district's entitlement under this section
946-25 is increased by an amount equal to the reduction made under this
946-26 subsection.
946-27 SECTION 19. AMENDMENT. Section 16.2541, which is
947-1 redesignated by this Act as Section 42.254, is amended by amending
947-2 Subsection (a) to read as follows:
947-3 (a) Not later than October 1 of each even-numbered year:
947-4 (1) the agency <Central Education Agency> shall submit
947-5 to the foundation school fund budget committee and the legislature
947-6 an estimate of the tax rate and student enrollment of each school
947-7 district for the following biennium; and
947-8 (2) the comptroller shall submit to the foundation
947-9 school fund budget committee and the legislature an estimate of the
947-10 total taxable value of all property in the state as determined
947-11 under Section 403.302, Government Code <11.86> for the following
947-12 biennium.
947-13 SECTION 20. Section 16.255, Education Code, which is
947-14 redesignated by this Act as Section 42.255, is amended to read as
947-15 follows:
947-16 Sec. 42.255 <16.255>. FALSIFICATION OF RECORDS; REPORT.
947-17 <(a)> When, in the opinion of the director of school audits of the
947-18 agency <Central Education Agency>, audits or reviews of accounting,
947-19 enrollment, or other records of a school district reveal deliberate
947-20 falsification of the records<,> or a violation of <the provisions
947-21 of> this chapter, through which <whereby> the district's share of
947-22 state funds allocated under the authority of this chapter would be,
947-23 or has been, illegally increased, the director shall promptly and
947-24 fully report the fact to the State Board of Education, <and> the
947-25 state auditor, and the appropriate county attorney, district
947-26 attorney, or criminal district attorney.
947-27 SECTION 21. AMENDMENT. Section 16.256, Education Code,
948-1 which is redesignated by this Act as Section 42.256, is amended by
948-2 amending Subsections (e) and (f) to read as follows:
948-3 (e) The funding elements shall include:
948-4 (1) a basic allotment for the purposes of Section
948-5 42.101 <16.101 of this code> that, when combined with the
948-6 guaranteed yield component provided by Subchapter F, represents the
948-7 cost per student of a regular education program that meets <the
948-8 basic criteria for an accredited program including> all mandates of
948-9 law and regulation;
948-10 (2) adjustments designed to reflect the variation in
948-11 known resource costs and costs of education beyond the control of
948-12 school districts;
948-13 (3) appropriate program cost differentials and other
948-14 funding elements for the programs authorized under Subchapter C <D
948-15 of this chapter>, with the program funding level expressed as
948-16 dollar amounts and as weights applied to the adjusted basic
948-17 allotment for the appropriate year;
948-18 (4) the maximum guaranteed level of qualified state
948-19 and local funds per student for the purposes of Subchapter F <H of
948-20 this chapter>;
948-21 (5) the enrichment and facilities tax rate under
948-22 Subchapter F <H of this chapter>; and
948-23 (6) <the formula elements for the funding formulas for
948-24 capital outlay and debt service under the provision of Subchapter I
948-25 of this chapter; and>
948-26 <(7)> the calculation of weighted students in average
948-27 daily attendance under Section 42.302 <16.302 of this code>.
949-1 (f) Not later than December 1 preceding each regular session
949-2 of the legislature, the foundation school fund budget committee <by
949-3 rule> shall publish <adopt> and report the equalized funding
949-4 elements calculated under this section to the commissioner <of
949-5 education> and the legislature. Before the committee adopts the
949-6 elements, the committee or the committee's designees shall hold a
949-7 public hearing on the recommendations of the Legislative Budget
949-8 Board.
949-9 SECTION 22. AMENDMENT. Section 16.258, Education Code,
949-10 which is redesignated by this Act as Section 42.257, is amended by
949-11 amending Subsection (a) to read as follows:
949-12 (a) If the final determination of an appeal under Chapter
949-13 42, Tax Code, results in a reduction in the taxable value of
949-14 property that exceeds five percent of the total taxable value of
949-15 property in the school district for the same tax year determined
949-16 under Section 403.302, Government Code <11.86 of this code>, the
949-17 commissioner <of education> shall request the comptroller to adjust
949-18 the comptroller's <its> taxable property value findings for that
949-19 year consistent with the final determination of the appraisal
949-20 appeal.
949-21 SECTION 23. AMENDMENT. Sections 16.301 and 16.302,
949-22 Education Code, which are redesignated by this Act as Sections
949-23 42.301 and 42.302, respectively, are amended to read as follows:
949-24 Sec. 42.301 <16.301>. Purpose. The purpose of the
949-25 guaranteed yield component of the Foundation School Program is to
949-26 provide each school district with the opportunity to provide
949-27 <supplement> the basic program and to supplement that program at a
950-1 level of its own choice and with access to additional funds for
950-2 facilities. An allotment under this subchapter may be used for any
950-3 legal purpose, including capital outlay and debt service.
950-4 Sec. 42.302 <16.302>. Allotment. Each school district is
950-5 guaranteed a specified amount per weighted student in state and
950-6 local funds for each cent of tax effort over that required for the
950-7 district's local fund assignment up to the maximum level specified
950-8 in this subchapter. The amount of state support, subject only to
950-9 the maximum amount under Section 42.303 <16.303 of this code>, is
950-10 determined by the formula:
950-11 where:
950-12 "GYA" is the guaranteed yield amount of state funds to be
950-13 allocated to the district;
950-14 "GL" is the dollar amount guaranteed level of state and local
950-15 funds per weighted student per cent of tax effort, which is $20.55
950-16 or a greater amount for any year provided by appropriation, or a
950-17 greater amount adopted by the foundation school fund budget
950-18 committee under Section 42.256(d) <16.256(d)>;
950-19 "WADA"<, except as provided by Section 16.206 of this code,>
950-20 is the number of weighted students in average daily attendance,
950-21 which is calculated by dividing the sum of the school district's
950-22 allotments under Subchapters B and C <and D of this chapter>, less
950-23 any allotments to the district for transportation, teacher
950-24 compensation, or technology and 50 percent of the adjustment under
950-25 Section 42.102 <16.102 of this code>, by the basic allotment for
950-26 the applicable year;
950-27 "DTR" is the district enrichment and facilities tax rate of
951-1 the school district, which is determined by subtracting the
951-2 district's local fund assignment from the total amount of taxes
951-3 collected by the school district for the applicable school year and
951-4 dividing the difference by the quotient of the district's taxable
951-5 value of property as determined under Section 403.302, Government
951-6 Code, <11.86 of this code> divided by 100; and
951-7 "LR" is the local revenue, which is determined by multiplying
951-8 "DTR" by the quotient of the district's taxable value of property
951-9 as determined under Section 403.302, Government Code, <11.86 of
951-10 this code> divided by 100.
951-11 SECTION 24. AMENDMENT. Section 36.202, which is
951-12 redesignated by this Act as Section 41.202, is amended by amending
951-13 Subsection (a) to read as follows:
951-14 (a) For purposes of this subchapter, the taxable value of an
951-15 individual parcel or other item of property and the total taxable
951-16 value of property in a school district resulting from the
951-17 detachment of property from or annexation of property to that
951-18 district is determined by applying the appraisal ratio for the
951-19 appropriate category of property determined under Section 403.302,
951-20 Government Code, <11.86> for the preceding tax year to the taxable
951-21 value of the detached or annexed property determined under Title 1,
951-22 Tax Code, for the preceding tax year.
951-23 SECTION 25. TRANSFER, REDESIGNATION, AND AMENDMENT. Chapter
951-24 32, Education Code, is transferred to Subtitle G, Title 3,
951-25 Education Code, is redesignated as Chapter 132, Education Code, and
951-26 is amended to read as follows:
951-27 CHAPTER 132 <32>. <TEXAS> PROPRIETARY SCHOOLS
952-1 <SCHOOL ACT>
952-2 <SUBCHAPTER A. TITLE AND PURPOSE>
952-3 <Sec. 32.01. SHORT TITLE. This Act shall be known as the
952-4 "Texas Proprietary School Act.">
952-5 <Sec. 32.02. PURPOSE AND OBJECTIVES. The aim in adopting
952-6 this Chapter is to provide certification and regulation of
952-7 proprietary schools in Texas.>
952-8 SUBCHAPTER A <B>. GENERAL PROVISIONS
952-9 Sec. 132.001 <32.11>. Definitions. In this chapter: <The
952-10 following words, terms, and phrases shall have the meaning ascribed
952-11 to them in this section.>
952-12 (1) "Proprietary school" <School," referred to as
952-13 "school,"> means any business enterprise operated for a profit, or
952-14 on a nonprofit basis, that <which> maintains a place of business
952-15 within this state <the State of Texas>, or solicits business within
952-16 this state <the State of Texas>, and that <which> is not
952-17 specifically exempted by <the provisions of> this chapter <Chapter>
952-18 and: <;>
952-19 (A) that <which> offers or maintains a course or
952-20 courses of instruction or study; or
952-21 (B) at which place of business such a course or
952-22 courses of instruction or study is available through classroom
952-23 instruction or by correspondence, or both, to a person <or persons>
952-24 for the purpose of training or preparing the person for a field of
952-25 endeavor in a business, trade, technical, or industrial occupation,
952-26 or for avocational or personal improvement<, except as hereinafter
952-27 excluded>.
953-1 (2) "Owner" of a proprietary school means:
953-2 (A) in the case of a school owned by an
953-3 individual, that individual;
953-4 (B) in the case of a school owned by a
953-5 partnership, all full, silent, and limited partners;
953-6 (C) in the case of a school owned by a
953-7 corporation, the corporation, its directors, officers, and each
953-8 shareholder owning shares of issued and outstanding stock
953-9 aggregating at least 10 percent <ten per cent (10%)> of the total
953-10 of the issued and outstanding shares.
953-11 (3) "School employee" means any person, other than an
953-12 owner, who directly or indirectly receives compensation from a
953-13 proprietary <the> school for services rendered.
953-14 (4) "Representative" means a person employed by a
953-15 proprietary <the> school <as defined herein>, whether the school is
953-16 located within or without this state <the State of Texas>, to act
953-17 as an agent, solicitor, broker, or independent contractor to
953-18 directly procure students <or enrollees> for the school by
953-19 solicitation within or without this state <State> at any place.
953-20 (5) "Commissioner" <"Administrator"> means the
953-21 commissioner of higher education <State Commissioner of Education>
953-22 or a person, knowledgeable in the administration of regulating
953-23 proprietary schools, designated by the commissioner <Commissioner>
953-24 to administer <the provisions of> this chapter.
953-25 (6) "Notice to the proprietary school" means written
953-26 correspondence sent to the address of record for legal service
953-27 contained in the application for a certificate of approval. "Date
954-1 of Notice" means the date the notice is mailed by the commissioner
954-2 <administrator>.
954-3 (7) "Support" or "supported" means the primary source
954-4 and means by which a proprietary school derives revenue to
954-5 perpetuate its operation.
954-6 (8) "Person" means any individual, firm, partnership,
954-7 association, corporation, or other private entity or combination
954-8 thereof.
954-9 (9) "Unearned tuition" means total tuition and fees
954-10 subject to refund under Section 132.061 <32.39>, total tuition and
954-11 fees collected from students currently enrolled, and total tuition
954-12 and fees collected from prospective students.
954-13 (10) "Small proprietary school" means a proprietary
954-14 school that does not receive any payment from federal funds under
954-15 20 U.S.C. Section 1070 et seq. and its subsequent amendments or a
954-16 prepaid federal or state source as compensation in whole or in part
954-17 for any student tuition and fees or other charges and either:
954-18 (A) has an annual gross income from student
954-19 tuition and fees that is less than or equal to $100,000 for
954-20 programs regulated by the agency;
954-21 (B) exclusively offers programs to assist
954-22 students to prepare for an undergraduate or graduate course of
954-23 study at a college or university; or
954-24 (C) exclusively offers programs to assist
954-25 students, who have obtained, or who are in the process of
954-26 obtaining, degrees after completing an undergraduate or graduate
954-27 course of study at a college or university, to prepare for an
955-1 examination.
955-2 (11) "Board" means the Texas Higher Education
955-3 Coordinating Board.
955-4 Sec. 132.002 <32.12>. Exemptions. (a) The following
955-5 schools or educational institutions are specifically exempt from
955-6 <the provisions of> this chapter and are not within the definition
955-7 of "proprietary school":
955-8 (1) a school or educational institution supported by
955-9 taxation from either a local or state <State> source;
955-10 (2) nonprofit schools owned, controlled, operated, and
955-11 conducted by bona fide religious, denominational, eleemosynary, or
955-12 similar public institutions exempt from property taxation under the
955-13 laws of this state <State>, but such schools may choose to apply
955-14 for a certificate of approval hereunder, and upon approval and
955-15 issuance, are <shall be> subject to <the provisions of> this
955-16 chapter as determined by the commissioner <administrator>;
955-17 (3) a school or training program that <which> offers
955-18 instruction of purely avocational or recreational subjects as
955-19 determined by the commissioner <administrator>;
955-20 (4) a course or courses of instruction or study
955-21 sponsored by an employer for the training and preparation of its
955-22 own employees, and for which no tuition fee is charged to the
955-23 student;
955-24 (5) a course or courses of study or instruction
955-25 sponsored by a recognized trade, business, or professional
955-26 organization for the instruction of the members of the organization
955-27 with a closed membership;
956-1 (6) private colleges or universities that <which>
956-2 award a recognized baccalaureate, or higher degree, and that
956-3 <which> maintain and operate educational programs for which a
956-4 majority of the credits given are transferable to a college, junior
956-5 college, or university supported entirely or partly by taxation
956-6 from either a local or state <State> source;
956-7 (7) a school or course that <which> is otherwise
956-8 regulated and approved under and pursuant to any other law or
956-9 rulemaking process of this state <the State> or approved for
956-10 continuing education credit by an organization that accredits
956-11 courses for the maintenance of a license, except as provided by
956-12 Subsection (c) <of this section>;
956-13 (8) aviation schools or instructors approved by and
956-14 under the supervision of the Federal Aviation Administration;
956-15 (9) a school that <which> offers intensive review
956-16 courses designed to prepare students for certified public
956-17 accountancy tests, public accountancy tests, law school aptitude
956-18 tests, bar examinations, or medical college admissions tests;
956-19 (10) a private school offering primary or secondary
956-20 education, which may include a kindergarten or prekindergarten
956-21 program, and that <which> satisfies the compulsory attendance
956-22 requirements of Section 25.085 <21.032 of this code> pursuant to
956-23 Section 25.086(a)(1) <21.033(a)(1) of this code>; and
956-24 (11) a course or courses of instruction by bona fide
956-25 electrical trade associations for the purpose of preparing students
956-26 for electrical tests required for licensing and for the purpose of
956-27 providing continuing education to students for the renewal of
957-1 electrical licenses.
957-2 (b) Schools offering a course or courses of special study or
957-3 instruction financed or <and/or> subsidized by local, state, or
957-4 federal funds or by any person, firm, association, or agency other
957-5 than the student involved, on a contract basis and having a closed
957-6 enrollment, may apply to the commissioner <Administrator> for
957-7 exemption of such course or courses from <the provisions of> this
957-8 chapter <Chapter> and such course or courses may be declared exempt
957-9 by the commissioner <Administrator> where the commissioner <he>
957-10 finds the course or courses to be outside the purview of this
957-11 chapter <Chapter>.
957-12 (c) If a state <State> agency that issues a license or other
957-13 authorization for the practice of an occupation elects not to
957-14 regulate or approve course hours that exceed the minimum education
957-15 requirements for the issuance of the license or other
957-16 authorization, the licensing agency shall enter into a memorandum
957-17 of understanding with the board <Central Education Agency> for the
957-18 regulation of those excess course hours under this chapter. Any
957-19 course taught under a letter of approval or other written
957-20 authorization issued by the licensing agency before the effective
957-21 date of the memorandum is authorized under state <State> law until
957-22 the course is reviewed by the board <Central Education Agency>.
957-23 The licensing agency may terminate the memorandum of understanding
957-24 on notice to the board <Central Education Agency>.
957-25 (d) Notwithstanding the exemptions listed in Subsection (a)
957-26 <above>, a dispute resolution organization, as defined by Section
957-27 154.001, Civil Practice and Remedies Code, may <elect to> seek a
958-1 certificate of approval pursuant to Subchapter C <D of the Texas
958-2 Proprietary School Act>.
958-3 SUBCHAPTER B <C>. GENERAL POWERS AND DUTIES
958-4 Sec. 132.021 <32.21>. TEXAS HIGHER EDUCATION COORDINATING
958-5 BOARD <CENTRAL EDUCATION AGENCY>. (a) The board <Central
958-6 Education Agency> shall exercise jurisdiction and control of the
958-7 system of proprietary schools, and <it shall be the duty of> the
958-8 commissioner shall <Commissioner of Education to> carry out
958-9 supervision of the provisions of this chapter, and <to> enforce
958-10 minimum standards for approval of proprietary schools under the
958-11 operating regulations and policies hereinafter set forth and as may
958-12 <from time to time> be adopted pursuant to <the provisions of> this
958-13 chapter.
958-14 (b) The board <Central Education Agency> shall prepare a
958-15 comparison of the cost to a student of courses of instruction or
958-16 training programs at proprietary schools to the cost to a student
958-17 of similar courses or programs at schools that are exempt from this
958-18 chapter under Section 132.002 <32.12 of this code>.
958-19 (c) The board <agency> may consult a recognized expert in a
958-20 field of study for assistance in determining minimum program
958-21 standards under this chapter for that field.
958-22 (d) <The Central Education Agency and the Texas Higher
958-23 Education Coordinating Board shall adopt a memorandum of
958-24 understanding which develops guidelines for coordinating the
958-25 regulation of proprietary schools and courses that are subject to
958-26 Sections 61.301 through 61.317 and Chapter 32 of this code. The
958-27 memorandum shall include provisions which:>
959-1 <(1) clearly identify the responsibilities of each
959-2 agency in regulating proprietary schools;>
959-3 <(2) ensure that the rules adopted by both agencies
959-4 pursuant to the memorandum of understanding are not duplicative or
959-5 in conflict; and>
959-6 <(3) establish procedures for ensuring that
959-7 information affecting the proprietary school regulatory activities
959-8 of both agencies is shared between the agencies.>
959-9 <Sec. 32.22. THE STATE BOARD OF EDUCATION.> The board
959-10 <State Board of Education> shall adopt policies<, regulations> and
959-11 rules necessary for carrying out <the provisions of> this chapter
959-12 after consultation with the commissioner.
959-13 Sec. 132.022 <32.24>. DUTIES OF COMMISSIONER
959-14 <ADMINISTRATOR>. (a) The commissioner <administrator> shall carry
959-15 out the policies of this chapter and enforce the rules <and
959-16 regulations> adopted by the board <State Board of Education>. The
959-17 commissioner <He> shall also certify the names of those proprietary
959-18 schools meeting the requirements for a certificate of approval.
959-19 (b) The commissioner <administrator> may adopt and enforce
959-20 temporary rules <and regulations> pursuant to <the provisions of>
959-21 this chapter but the temporary rules <and regulations> are valid
959-22 only until the next meeting of the board <State Board of
959-23 Education>.
959-24 <Sec. 32.241. COMPREHENSIVE REVIEW. The administrator shall
959-25 conduct a comprehensive review of the existing rules and policies
959-26 governing proprietary schools and reduce regulation of small
959-27 proprietary schools by January 1, 1995. This section expires
960-1 February 1, 1995.>
960-2 Sec. 132.023 <32.25>. Memorandum of Understanding for
960-3 Regulation of Proprietary Schools. (a) The board <Central
960-4 Education Agency> shall develop, in consultation with the Texas
960-5 Guaranteed Student Loan Corporation and each state agency that
960-6 regulates proprietary schools in this state, a comprehensive
960-7 strategy to reduce default rates at the regulated proprietary
960-8 schools and to improve the overall quality of the programs operated
960-9 by these schools.
960-10 (b) The board <Central Education Agency> shall execute a
960-11 memorandum of understanding outlining the strategy with the
960-12 corporation and each state agency regulating proprietary schools
960-13 and shall adopt rules to carry out its duties under this section.
960-14 The Texas Guaranteed Student Loan Corporation shall adopt the
960-15 memorandum of understanding as procedures of the corporation, and
960-16 each agency by rule shall adopt the memorandum of understanding.
960-17 (c) The memorandum of understanding shall:
960-18 (1) require the development and monitoring of
960-19 indicators that identify proprietary schools that have excessive
960-20 loan default rates, poor program performance, or both;
960-21 (2) require the sharing of specific information
960-22 relating to the indicators between the board <Central Education
960-23 Agency> and the Texas Guaranteed Student Loan Corporation or other
960-24 agency; and
960-25 (3) require the application of specific sanctions by
960-26 the board <Central Education Agency> or by the Texas Guaranteed
960-27 Student Loan Corporation or other agency, as appropriate, to lower
961-1 the default rates, improve program performance, or both.
961-2 (d) If the board <Central Education Agency> enters a
961-3 memorandum of understanding with the Texas Guaranteed Student Loan
961-4 Corporation related to the regulation of proprietary schools, the
961-5 board <agency> may require each proprietary school governed by this
961-6 chapter to provide information to the board <agency> that is
961-7 necessary for the purposes of the memorandum of understanding.
961-8 SUBCHAPTER C <D>. AUTHORIZED OPERATION OF PROPRIETARY SCHOOLS
961-9 Sec. 132.051 <32.31>. Certificate of Approval. (a) A
961-10 proprietary school may not maintain, advertise, solicit for, or
961-11 conduct any course of instruction in this state <Texas> before the
961-12 later of:
961-13 (1) the 30th day after the date the school applies for
961-14 a certificate of approval under this chapter; or
961-15 (2) the date the school receives a certificate of
961-16 approval from the commissioner <administrator>.
961-17 (b) Any contract entered into with any person for a course
961-18 of instruction <after the effective date of this chapter> by or on
961-19 behalf of any person operating any proprietary school to which a
961-20 certificate of approval has not been issued pursuant to <the
961-21 provisions of> this chapter is<, shall be> unenforceable in any
961-22 action brought thereon.
961-23 Sec. 132.052 <32.32>. Application for Certificate of
961-24 Approval. Every proprietary school desiring to operate in this
961-25 state <the State of Texas> or do business in this state <the State>
961-26 shall make written application to the commissioner <administrator>
961-27 for a certificate of approval. Such application shall be verified,
962-1 be in such form as may be prescribed by the board <State Board of
962-2 Education>, and shall furnish the commissioner <administrator> such
962-3 information as the commissioner <he> may require.
962-4 Sec. 132.053 <32.321>. Statutory Waiver Authority. (a) The
962-5 board <State Board of Education after consultation with the
962-6 Proprietary School Advisory Commission> may establish rules that
962-7 waive, alter, suspend, or replace any of the following provisions
962-8 governing small proprietary schools:
962-9 (1) the fee schedule authorized under Section 132.201
962-10 <32.71 of this code>, provided that fees under a fee schedule
962-11 established by rule may not be less than the reasonable
962-12 administrative cost for regulation or more than the amount that a
962-13 small proprietary school would otherwise pay if it were not
962-14 classified as a small proprietary school;
962-15 (2) participation in the proprietary school tuition
962-16 protection fund required by Section 132.241 <32.91 of this code>;
962-17 (3) the refund policy provisions of Section 132.061
962-18 <32.39 of this code>;
962-19 (4) the bonding requirements of Section 132.060 <32.38
962-20 of this code>;
962-21 (5) the examination of a school for compliance under
962-22 Section 132.056(f) <32.34(f) of this code>;
962-23 (6) the reporting requirements of Section 132.055(o)
962-24 <32.33(o) of this code>; and
962-25 (7) the term for which a certificate of approval is
962-26 issued under Section 132.056(b) <32.34(b) of this code>, provided
962-27 that a rule adopted under this section may not provide for a term
963-1 that exceeds three years or is less than one year.
963-2 (b) A rule proposed under this section may be adopted only
963-3 if it will reduce the regulatory burden for small proprietary
963-4 schools and will adequately safeguard the interests of the students
963-5 of small proprietary schools to receive either the education for
963-6 which they have contracted or an appropriate refund.
963-7 Sec. 132.054 <32.322>. Small school exemption. The
963-8 commissioner <administrator> may exempt small proprietary schools
963-9 from any requirement of this chapter to reduce the cost to small
963-10 schools of receiving a certificate of approval.
963-11 Sec. 132.055 <32.33>. Criteria. The commissioner
963-12 <administrator> may approve the application of such proprietary
963-13 school when the school is found, upon investigation at the premises
963-14 of the school, to have met the following criteria:
963-15 (a) The courses, curriculum, and instruction are of such
963-16 quality, content, and length as may reasonably and adequately
963-17 achieve the stated objective for which the courses, curriculum, or
963-18 instruction are offered. Before a school conducts a course of
963-19 instruction in court reporting, the school must produce evidence
963-20 that the school has obtained approval for the curriculum from the
963-21 Court Reporters Certification Board.
963-22 (b) There is in the school adequate space, equipment,
963-23 instructional material, and instructor personnel to provide
963-24 training of good quality.
963-25 (c) Educational and experience qualifications of directors,
963-26 administrators, and instructors are adequate.
963-27 (d) The school maintains a written record of the previous
964-1 education and training of the applicant student and clearly
964-2 indicates that appropriate credit has been given by the school for
964-3 previous education and training, with the new training period
964-4 shortened where warranted through use of appropriate skills or
964-5 achievement tests and the student so notified.
964-6 (e) A copy of the course outline; schedule of tuition, fees,
964-7 refund policy, and other charges; regulations pertaining to
964-8 absence, grading policy, and rules of operation and conduct;
964-9 regulations pertaining to incomplete grades; the name, mailing
964-10 address, and telephone number of the board <Central Education
964-11 Agency> for the purpose of directing complaints to the agency; the
964-12 current rates of job placement and employment of students issued a
964-13 certificate of completion; and notification of the availability of
964-14 the cost comparison information prepared under Section 132.021(b)
964-15 <32.21(b) of this code> through the board <Central Education
964-16 Agency> will be furnished the student prior to enrollment.
964-17 (f) Except as provided by Section 132.062 <32.40 of this
964-18 code>, on completion of training, the student is given a
964-19 certificate by the school indicating the course and that training
964-20 was satisfactorily completed.
964-21 (g) Adequate records as prescribed by the commissioner
964-22 <administrator> are kept to show attendance and progress or grades,
964-23 and satisfactory standards relating to attendance, progress, and
964-24 conduct are enforced.
964-25 (h) The school complies with all local, city, county,
964-26 municipal, state, and federal regulations, such as fire, building,
964-27 and sanitation codes. The commissioner <administrator> may require
965-1 such evidence of compliance as is deemed necessary.
965-2 (i) The school is financially sound and capable of
965-3 fulfilling its commitments for training.
965-4 (j) The school's administrators, directors, owners, and
965-5 instructors are of good reputation and character.
965-6 (k) The school has, maintains, and publishes in its
965-7 catalogue and enrollment contract<,> the proper policy for the
965-8 refund of the unused portion of tuition, fees, and other charges in
965-9 the event the student enrolled by the school fails to take the
965-10 course or withdraws or is discontinued therefrom at any time prior
965-11 to completion.
965-12 (l) The school does not utilize erroneous or misleading
965-13 advertising, either by actual statement, omission, or intimation as
965-14 determined by the board <State Board of Education>.
965-15 (m) Such additional criteria as may be required by the board
965-16 <State Board of Education>.
965-17 (n) The school does not use a name like or similar to an
965-18 existing tax supported school in the same area.
965-19 (o) The school furnishes to the board <Central Education
965-20 Agency> the current rates of students who receive a certificate of
965-21 completion and of job placement and employment of students issued a
965-22 certificate of completion.
965-23 (p) The school furnishes to the board <Central Education
965-24 Agency> for approval or disapproval student admission requirements
965-25 for each course or program offered by the school.
965-26 (q) The school furnishes to the board <Central Education
965-27 Agency> for approval or disapproval the course hour lengths and
966-1 curriculum content for each course offered by the school.
966-2 (r) The school does not owe a <civil> penalty under Section
966-3 132.152, 132.155, or 132.157 <32.611 of this code>.
966-4 Sec. 132.056 <32.34>. ISSUANCE OF CERTIFICATE OF
966-5 APPROVAL;<:> RENEWAL. (a) The commissioner <administrator>, upon
966-6 review of an application for a certificate of approval duly
966-7 submitted in accordance with <the provisions of> Section 132.052
966-8 <32.32> and meeting the requirements of Section 132.055 <32.33 of
966-9 this chapter>, shall issue a certificate of approval to the
966-10 applicant proprietary school. The certificate of approval shall be
966-11 in a form <recommended by the commission and> approved by the board
966-12 <State Board of Education> and shall state in a clear and
966-13 conspicuous manner at least the following information:
966-14 (1) date of issuance, effective date, and term of
966-15 approval;
966-16 (2) correct name and address of the school;
966-17 (3) authority for approval and conditions of approval,
966-18 if any, referring specifically to the approved catalogue or
966-19 bulletin published by the school;
966-20 (4) signature of the commissioner <administrator or
966-21 such person as may have been designated by him to administer the
966-22 provisions of this chapter>; and
966-23 (5) any other fair and reasonable representations that
966-24 are consistent with this chapter and deemed necessary by the
966-25 commissioner <administrator>.
966-26 (b) The term for which a certificate of approval shall be
966-27 issued may <shall> not exceed one year.
967-1 (c) The certificate of approval shall be issued to the owner
967-2 of the applicant proprietary school and is <shall be>
967-3 nontransferable. In the event of a change in ownership of the
967-4 school, a new owner must, at least 30 <thirty (30)> days prior to
967-5 the change in ownership, apply for a new certificate of approval.
967-6 (d) At least 30 <thirty (30)> days prior to expiration of a
967-7 certificate of approval, the proprietary school shall forward to
967-8 the commissioner <administrator> an application for renewal. The
967-9 commissioner <administrator> shall reexamine the school at the
967-10 premises of the school and either renew or cancel the school's
967-11 certificate of approval. If a school fails to file a complete
967-12 application for renewal at least 30 <thirty (30)> days before the
967-13 expiration date of the certificate of approval, the school, as a
967-14 condition of renewal, must pay, in addition to the annual renewal
967-15 fee, a late renewal fee in an amount established by board <State
967-16 Board of Education> rule of at least $100.
967-17 (e) A proprietary school not yet in operation when its
967-18 application for certificate of approval is filed may not begin
967-19 operation until receipt of certificate of approval.
967-20 (f) The commissioner <administrator> shall visit a
967-21 proprietary school to reexamine the school for compliance with the
967-22 criteria provided by Section 132.055 <32.33 of this code> not later
967-23 than three months after the date a school begins operation or after
967-24 a change in ownership of a school.
967-25 Sec. 132.057 <32.35>. Denial of Certificate of Approval.
967-26 (a) If the commissioner <administrator>, upon review and
967-27 consideration of an application for certificate of approval, shall
968-1 determine the applicant to be unacceptable, the commissioner
968-2 <administrator> shall set forth the reasons for denial, in writing,
968-3 to the applicant.
968-4 (b) Any applicant whose certificate of approval is denied
968-5 has <shall have> the right of appeal under Subchapter D <E of this
968-6 chapter>.
968-7 Sec. 132.058 <32.36>. Revocation of Certificate of Approval.
968-8 (a) The commissioner <Administrator> may revoke an issued
968-9 certificate of approval or place reasonable conditions upon the
968-10 continued approval represented by the certificate. Prior to
968-11 revocation or imposition of conditions upon a certificate of
968-12 approval, the commissioner <Administrator> shall notify the holder
968-13 of the certificate, in writing, of the impending action and set
968-14 forth the grounds for the action. The commissioner <Administrator>
968-15 may reexamine a proprietary school two or more times during each
968-16 year in which a notice relating to the school has been issued or
968-17 conditions have been imposed on the school under this subsection.
968-18 (b) A certificate of approval may be revoked or made
968-19 conditional if the commissioner <Administrator> has reasonable
968-20 cause to believe that the proprietary school is guilty of a
968-21 violation of this chapter or of any rules adopted under this
968-22 chapter <and regulations promulgated hereunder>.
968-23 Sec. 132.059 <32.37>. Registration of Representatives. (a)
968-24 All representatives employed by a proprietary school shall register
968-25 with the commissioner <administrator>. Application for
968-26 registration may be made at any time and shall be based on
968-27 information submitted in accordance with the provisions of Section
969-1 132.052 <32.32 of this chapter>.
969-2 (b) Registration of a representative is <shall be> effective
969-3 upon receipt of notice from the commissioner <administrator> and
969-4 remains <shall remain> in effect for a period not in excess of 12
969-5 <twelve (12)> calendar months. Renewal of representative
969-6 registration shall be in accordance with the renewal application
969-7 form forwarded to the proprietary school by the commissioner
969-8 <administrator>.
969-9 (c) Denial or revocation of registration of a representative
969-10 by the commissioner <administrator> shall be in accordance with the
969-11 provisions of this chapter applicable to denial or revocation of a
969-12 certificate of approval. The commissioner<; provided, however, the
969-13 administrator> may deny, suspend, or revoke the registration of a
969-14 representative who has been convicted of a felony, whether within
969-15 or without this state <the State of Texas>.
969-16 (d) Proprietary schools <Schools> domiciled<,> or having
969-17 their principal place of business outside of this state <the State
969-18 of Texas> that engage representatives to canvass, solicit, or
969-19 contract with any person within this state <the State of Texas>,
969-20 are <shall be> subject to the requirements for registration of
969-21 representatives.
969-22 (e) The commissioner <administrator> shall deny registration
969-23 of a representative who owes a <civil> penalty under Section
969-24 132.152 or 132.155 <32.611 of this code>.
969-25 Sec. 132.060 <32.38>. Bond Requirements. (a) Before a
969-26 certificate of approval is issued under this chapter, a bond shall
969-27 be provided by the proprietary school for the period during which
970-1 the certificate of approval is issued, and the obligation of the
970-2 bond shall be that neither <a provision of> this chapter nor any
970-3 rule <or regulation> adopted pursuant thereto shall be violated by
970-4 the school or any of its officers, agents, or employees. The bond
970-5 shall be in the penal sum of $5,000 or a multiple of $5,000 that is
970-6 not greater than $25,000. The commissioner <administrator> shall
970-7 determine the amount based on the evidence the school submits of
970-8 its projected maximum total unearned tuition during the period of
970-9 the certificate of approval. The bond shall be a corporate surety
970-10 bond issued by a company authorized to do business in this state
970-11 <the State>, conditioned that the parties thereto shall pay all
970-12 damages or expenses that <which> the state <State> or any
970-13 governmental subdivision thereof<,> or any student or potential
970-14 student may sustain resulting from a violation. The bond shall be
970-15 to the state <State> to be used only for payment of a tuition
970-16 refund due to a student or potential student. The bond shall be
970-17 filed with the commissioner <administrator> and shall be in such
970-18 form as shall be approved by the commissioner <administrator>.
970-19 (b) <(c)> In lieu of the corporate surety bond required in
970-20 Subsection (a) <of this Section>, the proprietary school may<, in
970-21 the alternative,> provide any other similar certificate or evidence
970-22 of indebtedness as may be acceptable to the commissioner
970-23 <Administrator>, provided that the certificate <Certificate> or
970-24 evidence of indebtedness meets all the requirements applicable to
970-25 the corporate surety bond.
970-26 (c) <(d)> Proprietary schools <Schools> domiciled<,> or
970-27 having their principal place of business<,> outside of this state
971-1 <the State of Texas,> that engage representatives to canvass,
971-2 solicit, or contract with any person within this state are <the
971-3 State of Texas, shall be> subject to the bond requirements of
971-4 Subsection (a) <of this Section>.
971-5 (d) <(e)> The commissioner <administrator>, for good cause
971-6 shown, as <recommended by the commission and> approved by the board
971-7 <State Board of Education>, may waive and suspend the requirements
971-8 set forth in Subsections (a) and (b) <(c) of this Section> with
971-9 respect to proprietary schools operating wholly or in part under a
971-10 federal grant where no tuition fee is charged to the student.
971-11 Sec. 132.061 <32.39>. Refund Policy. (a) Except as
971-12 provided by Subsection (g) <of this section>, as a condition for
971-13 granting certification each proprietary school must maintain a
971-14 cancellation and settlement policy that <which> must provide a full
971-15 refund of all monies paid by a student if:
971-16 (1) the student cancels the enrollment agreement or
971-17 contract within 72 hours (until midnight of the third day excluding
971-18 Saturdays, Sundays, and legal holidays) after the enrollment
971-19 contract is signed by the prospective student; or
971-20 (2) the enrollment of the student was procured as the
971-21 result of any misrepresentation in advertising, promotional
971-22 materials of the school, or representations by the owner or
971-23 representatives of the school.
971-24 (b) Except as provided by Subsection (g) <of this section>,
971-25 as a condition for granting certification<,> each proprietary
971-26 school must maintain a policy for the refund of the unused portion
971-27 of tuition, fees, and other charges in the event the student, after
972-1 expiration of the 72-hour cancellation privilege, fails to enter
972-2 the course, <or> withdraws, or is discontinued therefrom at any
972-3 time prior to completion, and such policy must provide:
972-4 (1) refunds for resident courses will be based on the
972-5 period of enrollment computed on the basis of course time expressed
972-6 in clock hours;
972-7 (2) the effective date of the termination for refund
972-8 purposes in residence schools will be the earliest of the
972-9 following:
972-10 (A) the last date of attendance, if the student
972-11 is terminated by the school;
972-12 (B) the date of receipt of written notice from
972-13 the student; or
972-14 (C) 10 <ten> school days following the last date
972-15 of attendance;
972-16 (3) if tuition and fees are collected in advance of
972-17 entrance, and if, after expiration of the 72-hour cancellation
972-18 privilege, the student does not enter the residence school, not
972-19 more than $100 shall be retained by the school;
972-20 (4) for the student who enters a residence course of
972-21 not more than 12 months in length, terminates, or withdraws, the
972-22 school may retain $100 of tuition and fees and the minimum refund
972-23 of the remaining tuition and fees will be:
972-24 (A) during the first week or one-tenth of the
972-25 course, whichever is less, 90 percent of the remaining tuition and
972-26 fees;
972-27 (B) after the first week or one-tenth of the
973-1 course, whichever is less, but within the first three weeks of the
973-2 course, 80 percent of the remaining tuition and fees;
973-3 (C) after the first three weeks of the course,
973-4 but within the first quarter of the course, 75 percent of the
973-5 remaining tuition and fees;
973-6 (D) during the second quarter of the course, 50
973-7 percent of the remaining tuition and fees;
973-8 (E) during the third quarter of the course, 10
973-9 percent of the remaining tuition and fees; or
973-10 (F) during the last quarter of the course, the
973-11 student may be considered obligated for the full tuition and fees;
973-12 (5) for residence courses more than 12 months in
973-13 length, the refund shall be applied to each 12-month period paid,
973-14 or part thereof separately, and the student is entitled to a refund
973-15 as provided by Subdivision (4) <of this subsection>;
973-16 (6) refunds of items of extra expense to the student,
973-17 such as instructional supplies, books, student activities,
973-18 laboratory fees, service charges, rentals, deposits, and all other
973-19 such ancillary miscellaneous charges, where these items are
973-20 separately stated and shown in the data furnished the student
973-21 before enrollment, will be made in a reasonable manner acceptable
973-22 to the commissioner <administrator>;
973-23 (7) refunds based on enrollment in residence schools
973-24 will be totally consummated within 60 days after the effective date
973-25 of termination;
973-26 (8) refunds for correspondence courses will be
973-27 computed on the basis of the number of lessons in the course;
974-1 (9) the effective date of the termination for refund
974-2 purposes in correspondence courses will be the earliest of the
974-3 following:
974-4 (A) the date of notification to the student if
974-5 the student is terminated;
974-6 (B) the date of receipt of written notice from
974-7 the student; or
974-8 (C) the end of the third calendar month
974-9 following the month in which the student's last lesson assignment
974-10 was received unless notification has been received from the student
974-11 that he wishes to remain enrolled;
974-12 (10) if tuition and fees are collected before any
974-13 lessons have been completed, and if, after expiration of the
974-14 72-hour cancellation privilege, the student fails to begin the
974-15 course, not more than $50 shall be retained by the school;
974-16 (11) in cases of termination or withdrawal after the
974-17 student has begun the correspondence course, the school may retain
974-18 $50 of tuition and fees, and the minimum refund policy must provide
974-19 that the student will be refunded the pro rata portion of the
974-20 remaining tuition, fees, and other charges that the number of
974-21 lessons completed and serviced by the school bears to the total
974-22 number of lessons in the course; and
974-23 (12) refunds based on enrollment in correspondence
974-24 schools will be totally consummated within 60 days after the
974-25 effective date of termination.
974-26 (c) In lieu of the refund policy herein set forth, for
974-27 programs of instruction not regularly offered to the <general>
975-1 public, the board <State Board of Education> may, for good cause
975-2 shown, amend, modify, or substitute <and/or alter> the terms of a
975-3 proprietary school's <such> policy due to the specialized nature
975-4 and objective of the <subject> school's course of instruction.
975-5 (d) If a course of instruction is discontinued by the
975-6 proprietary school and this prevents the student from completing
975-7 the course, all tuition and fees paid are then due and refundable.
975-8 (e) If a refund is not made within the period required by
975-9 this section, the proprietary school shall pay a penalty. If the
975-10 refund is made to a lending institution, the penalty shall also be
975-11 paid to that institution and applied against the student's loan.
975-12 The commissioner <of education> annually shall establish the level
975-13 of the penalty at a level sufficient to provide a deterrent to the
975-14 retention of student funds. The board <Central Education Agency>
975-15 may exempt a school from the payment of the penalty if the school
975-16 makes a good faith effort to refund the tuition, fees, and other
975-17 charges but is unable to locate the student. The school shall
975-18 provide to the agency on request documentation of the effort to
975-19 locate the student.
975-20 (f) A proprietary school shall record a grade of
975-21 "incomplete" for a student who withdraws but is not entitled to a
975-22 refund under Subsection (b)(4)(F) <of this section> if the student
975-23 requests the grade at the time the student withdraws and the
975-24 student withdraws for an appropriate reason unrelated to the
975-25 student's academic status. A student who receives a grade of
975-26 incomplete may re-enroll in the program during the 12-month period
975-27 following the date the student withdraws and complete those
976-1 incomplete subjects without payment of additional tuition.
976-2 (g) A program that is 40 hours or less of class time, or a
976-3 seminar or workshop, is exempt from the 72-hour rule provided by
976-4 Subsection (a) <(b) of this section>. The proprietary school shall
976-5 maintain a policy for the refund of the unused portion of tuition,
976-6 fees, and other charges in the event the student fails to enter the
976-7 course, withdraws from the course, or is discontinued from the
976-8 class at any time before completion of the course as provided by
976-9 this section. The policy must provide that:
976-10 (1) refunds are based on the period of enrollment
976-11 computed on the basis of course time expressed in clock hours;
976-12 (2) the effective date of the termination for refund
976-13 purposes is the earlier of:
976-14 (A) the last date of attendance; or
976-15 (B) the date the school receives written notice
976-16 from the student that the student is withdrawing from the class;
976-17 and
976-18 (3) the student will be refunded the pro rata portion
976-19 of tuition, fees, and other charges that the number of class hours
976-20 remaining in the course after the effective date of the termination
976-21 bears to the total number of class hours in the course.
976-22 Sec. 132.062 <32.40>. Withholding Records. A proprietary
976-23 school may withhold a student's transcript or certificate of
976-24 completion of training until the student has fulfilled the
976-25 student's <his> financial obligation to the school.
976-26 Sec. 132.063 <32.401>. Approved Degrees. <(a)> A
976-27 proprietary school may offer a <an associate of applied arts or an
977-1 associate of applied science> degree approved by the board <Texas
977-2 Higher Education Coordinating Board>.
977-3 <(b) A proprietary school may offer an applied technology
977-4 degree, an occupational studies degree, or other degree approved by
977-5 the Central Education Agency. The Central Education Agency shall
977-6 have no authority to approve a degree title that uses "associate,"
977-7 "bachelor's," "master's," or "doctor's" in the title and shall
977-8 consult with the Texas Higher Education Coordinating Board to
977-9 ensure that the titles of degrees approved by the agency are
977-10 distinctly different from the titles of degrees approved by the
977-11 board.>
977-12 Sec. 132.064 <32.402>. Nonqualification as Proprietary
977-13 School. (a) A proprietary school operating as a small proprietary
977-14 school but that has an annual gross income from tuition and fees
977-15 that exceeds $100,000 (other than a test preparation school
977-16 described by Section 132.001(10)(B) or (C) <as defined in Section
977-17 32.11(10)(B) or (C)>) that intends to receive a payment from
977-18 federal funds under 20 U.S.C. Section 1070 et seq. or intends to
977-19 receive prepayment of tuition, fees, or other charges from federal
977-20 or state funds shall send written notice to the commissioner
977-21 <administrator>. The notice must be sent not later than the
977-22 following date, as applicable:
977-23 (1) the 60th day after the date on which annual gross
977-24 income is determined to exceed the maximum;
977-25 (2) the day before receiving a payment of federal
977-26 funds under 20 U.S.C. Section 1070 et seq.; or
977-27 (3) the day before enrolling a student who will prepay
978-1 tuition, a fee, or another charge in whole or in part from federal
978-2 or state funds.
978-3 (b) A proprietary school that no longer qualifies as a small
978-4 proprietary school shall apply for an initial certificate of
978-5 approval as a proprietary school within 30 days after the date the
978-6 school has notified the commissioner <administrator> that it no
978-7 longer qualifies as a small proprietary school. The commissioner
978-8 <administrator> may apply or prorate any fees paid by the school as
978-9 a small proprietary school.
978-10 (c) A proprietary school that no longer qualifies as a small
978-11 proprietary school shall submit to the commissioner <administrator>
978-12 an amount of money equal to the difference between the fee for the
978-13 small proprietary school certificate of approval submitted by the
978-14 school and the fee that the school would be required to submit
978-15 after its qualifications as a small proprietary school cease.
978-16 (d) The authority of a proprietary school to operate under a
978-17 small proprietary school certificate of approval terminates on the
978-18 final determination of issuance or denial of an initial certificate
978-19 of approval. If a school fails to file a complete application
978-20 within the period required by Subsection (b) <of this section>, the
978-21 school, as a condition of issuance, must pay a late fee in an
978-22 amount established by board <State Board of Education> rule of at
978-23 least $100.
978-24 SUBCHAPTER D <E>. APPEAL
978-25 Sec. 132.101 <32.41>. Hearing. (a) Should the applicant be
978-26 dissatisfied with the denial of a certificate of approval by the
978-27 commissioner <Administrator>, the applicant has <shall have> the
979-1 right to appeal the decision of the commissioner <Administrator>
979-2 and request a hearing with the commissioner <Administrator> within
979-3 15 <fifteen (15)> days after receipt of notice. Upon receipt of
979-4 the request for a hearing, the commissioner <Administrator> shall
979-5 set a time and place for the <said> hearing and then send notice to
979-6 the school of the <said> time and place.
979-7 (b) The <Said> hearing shall be held within 30 <thirty (30)>
979-8 days from the receipt of the request for a hearing.
979-9 (c) At the <said> hearing, an applicant may appear in person
979-10 or by counsel and present evidence to the commissioner
979-11 <Administrator> in support of the granting of the permit specified
979-12 herein. All interested persons may also appear and present oral
979-13 and documentary evidence to the commissioner <Administrator,>
979-14 concerning the issuance of a certificate of approval to the
979-15 applicant school.
979-16 (d) Within 10 <ten (10)> days after the hearing, the
979-17 commissioner <Administrator> shall send notice to the school either
979-18 affirming or revoking the denial of the certificate of approval.
979-19 Sec. 132.102 <32.42>. JUDICIAL APPEAL. (a) The
979-20 commissioner's <administrator's> decision to deny a certificate of
979-21 approval may be appealed to a district court <District Court> in
979-22 Travis County.
979-23 (b) <(c)> Unless stayed by the court on <Court upon> a
979-24 showing of good cause, the commissioner's <administrator's>
979-25 decision may not be superseded during the appeal.
979-26 (c) On <(d) Upon> the filing of the lawsuit, citation shall
979-27 be served on <upon> the commissioner <administrator>. The
980-1 commissioner shall prepare <Whereupon, the administrator shall
980-2 cause to be made> a complete record of all proceedings had before
980-3 the commissioner <administrator,> and shall certify a copy of the
980-4 proceedings to the court <Court>. Trial before the court <Court>
980-5 shall be on <upon> the basis of the record made before the
980-6 commissioner <administrator>, and the court <Court> shall make its
980-7 decision based on <upon> the record. The commissioner's
980-8 <administrator's> decision shall be affirmed by the court <Court>
980-9 if the court <Court> finds substantial evidence in the record to
980-10 justify the decision, unless the court <Court> finds the order to
980-11 be:
980-12 (1) arbitrary and capricious;<,> or
980-13 (2) in violation of the constitution <Constitution> or
980-14 laws of this state; <the State of Texas,> or
980-15 (3) in violation of rules <and regulations>
980-16 promulgated by the board <State Board of Education> pursuant to
980-17 this chapter <the provisions of the Act>.
980-18 (d) <(e)> The decision of the trial court is <shall be>
980-19 subject to appeal in the same <like> manner as any other civil
980-20 lawsuit under the Texas Rules of Civil Procedure.
980-21 Sec. 132.103. APPEAL FOLLOWING REVOCATION OF CERTIFICATE OF
980-22 APPROVAL. <(f)> Appeals concerning revocation of certificates of
980-23 approval shall be prosecuted in the same manner and under the same
980-24 provisions as <herein> provided for appeals from denial of such
980-25 certificates.
980-26 SUBCHAPTER E <F>. CLASS ACTION SUITS
980-27 Sec. 132.121 <32.51>. Class Action. (a) Any person <or
981-1 persons> who is <shall be> injured by any act taken or permitted in
981-2 violation of this chapter <Act> may, on behalf of the person
981-3 <himself or themselves> and others similarly situated, maintain an
981-4 action in a district court in Travis County <any District Court of
981-5 competent jurisdiction>, regardless of the amount in controversy,
981-6 for temporary or permanent injunctive relief, declaratory relief,
981-7 or other relief, including damages, such action to be pursued in
981-8 accordance with <the provisions of> Rule 42, <of the> Texas Rules
981-9 of Civil Procedure<; provided, however, that venue for any such
981-10 action shall be in Austin, Travis County, Texas>.
981-11 (b) A party filing such an action must give prompt notice to
981-12 the attorney general <Attorney General>, who shall be permitted to
981-13 join, on <upon> application within 30 days, as a party plaintiff.
981-14 Sec. 132.122 <32.52>. Notice. In any class action permitted
981-15 under this chapter <Act>, the court <Court> shall direct the
981-16 defendant to serve on <upon> each member of the class the best
981-17 possible notice. If<; and if> required in the interest of justice,
981-18 the court <Court> may direct that individual notice be served on
981-19 <upon> all members of the class who can be identified through
981-20 reasonable efforts. Such notice shall inform the recipient that
981-21 the recipient <he> is thought to be a member of the class and, if
981-22 so, the recipient <he> may enter an appearance and join in the
981-23 suit, either in person <for himself> or through counsel.
981-24 Sec. 132.123 <32.53>. Judgment and Costs. (a) The court
981-25 <Court> shall enter judgment in each class action brought under
981-26 this chapter <the provisions hereof> in such form as shall be
981-27 justified by the facts and the law applicable thereto. Damages
982-1 shall be awarded only to those members of the class who joined as
982-2 parties plaintiff, but all other relief granted by the court
982-3 <Court> shall inure to the benefit of all members of the class.
982-4 (b) A plaintiff who prevails <Should a plaintiff prevail> in
982-5 <such> a class action<, he> shall be awarded court costs and <a>
982-6 reasonable attorney's fees <counsel fee> in the judgment. A legal
982-7 aid society or legal services program that <which> represents the
982-8 plaintiff or plaintiffs in such an action shall be awarded a
982-9 service fee in lieu of attorney's fees <a counsel fee>.
982-10 SUBCHAPTER F <G>. PROHIBITED ACTS
982-11 Sec. 132.151 <32.61>. Prohibitions. A person may not <No
982-12 person shall>:
982-13 (1) operate a proprietary school without a certificate
982-14 of approval issued by the commissioner <Administrator>;
982-15 (2) solicit prospective students without being bonded
982-16 as required by this chapter <Chapter>;
982-17 (3) accept contracts or enrollment applications from a
982-18 representative who is not bonded as required by this chapter
982-19 <Chapter>;
982-20 (4) utilize advertising designed to mislead or deceive
982-21 prospective students;
982-22 (5) fail to notify the commissioner <Administrator> of
982-23 the discontinuance of the operation of any proprietary school
982-24 within 72 hours of cessation of classes and make available accurate
982-25 records as required by this chapter <Chapter>;
982-26 (6) fail to secure and file within 30 days an
982-27 increased bond as required by this chapter <Chapter>;
983-1 (7) negotiate any promissory instrument received as
983-2 payment of tuition or other charge prior to completion of 75
983-3 percent of the course, provided that prior to such time, the
983-4 instrument may be transferred by assignment to a purchaser who
983-5 shall be subject to all the defenses available against the
983-6 proprietary school named as payee; or
983-7 (8) violate any provision of this chapter <Chapter>.
983-8 Sec. 132.152 <32.611>. Administrative <CIVIL> Penalty.
983-9 (a) If a person violates Section 132.151 <32.61 of this code>, the
983-10 board <administrator> may assess an administrative <a civil>
983-11 penalty against that person as provided by this section.
983-12 (b) The board <administrator> may assess the <civil> penalty
983-13 in an amount not to exceed $1,000. In determining the amount of
983-14 the penalty, the board <administrator> shall consider the
983-15 seriousness of the violation.
983-16 (c) If, after examination of a possible violation and the
983-17 facts relating to that possible violation, the commissioner
983-18 <administrator> concludes that a violation has occurred, the
983-19 commissioner <administrator> shall issue a preliminary report that
983-20 states the facts on which the conclusion is based, the fact that a
983-21 <civil> penalty is recommended <to be imposed>, and the amount
983-22 recommended <to be assessed>. Not later than the 10th day after
983-23 the date on which the commissioner <administrator> issues the
983-24 preliminary report, the commissioner <administrator> shall send a
983-25 copy of the report by certified mail to the person charged with the
983-26 violation, together with a statement of the right of the person to
983-27 a hearing relating to the alleged violation and the amount of the
984-1 penalty.
984-2 (d) Not later than the 20th day after the date on which the
984-3 person receives the report <is sent>, the person charged must
984-4 either make a written request for a hearing or remit the amount of
984-5 the <civil> penalty to the commissioner <administrator>. Failure
984-6 either to request a hearing or to remit the amount of the <civil>
984-7 penalty within the time provided by this subsection results in a
984-8 waiver of a right to a hearing under this section. If the person
984-9 charged requests a hearing, the hearing shall be conducted by an
984-10 administrative law judge of the State Office of Administrative
984-11 Hearings. The administrative law judge shall make findings of fact
984-12 and conclusions of law and promptly issue to the board a proposal
984-13 for a decision about the occurrence of the violation and the amount
984-14 of the proposed penalty. Based on the findings of fact,
984-15 conclusions of law, and proposal for decision, the board by order
984-16 may:
984-17 (1) find that a violation has occurred and impose a
984-18 penalty; or
984-19 (2) find that a violation has not occurred.
984-20 (e) The notice of the board's order given to the person
984-21 under Chapter 2001, Government Code, must include a statement of
984-22 the person's right to judicial review of the order.
984-23 (f) Not later than the 30th day after the date the board's
984-24 order is final under Section 2001.144, Government Code, the person
984-25 shall:
984-26 (1) pay the amount of the penalty;
984-27 (2) pay the amount of the penalty and file a petition
985-1 for judicial review contesting the occurrence of the violation, the
985-2 amount of the penalty, or both the occurrence of the violation and
985-3 the amount of the penalty; or
985-4 (3) without paying the amount of the penalty, file a
985-5 petition for judicial review contesting the occurrence of the
985-6 violation, the amount of the penalty, or both the occurrence of the
985-7 violation and the amount of the penalty.
985-8 (g) Within the period prescribed by Subsection (f), a person
985-9 who acts under Subsection (f)(3) may:
985-10 (1) stay enforcement of the penalty by:
985-11 (A) paying the amount of the penalty to the
985-12 court for placement in an escrow account; or
985-13 (B) giving to the court a supersedeas bond
985-14 approved by the court that is in the amount of the penalty and that
985-15 is effective until all judicial review of the board's order is
985-16 final; or
985-17 (2) request the court to stay enforcement of the
985-18 penalty by:
985-19 (A) filing with the court a sworn affidavit of
985-20 the person stating that the person is financially unable to pay the
985-21 amount of the penalty and is financially unable to give the
985-22 supersedeas bond; and
985-23 (B) giving a copy of the affidavit to the
985-24 commissioner by certified mail.
985-25 (h) The commissioner may file with the court a contest to an
985-26 affidavit received under Subsection (g)(2) not later than the fifth
985-27 day after the date the commissioner receives the copy. The court
986-1 shall hold a hearing on the facts alleged in the affidavit as soon
986-2 as practicable and shall stay the enforcement of the penalty on
986-3 finding that the alleged facts are true. The person who files an
986-4 affidavit has the burden of proving that the person is financially
986-5 unable to pay the amount of the penalty and to give a supersedeas
986-6 bond.
986-7 (i) If the person does not pay the amount of the penalty and
986-8 the enforcement of the penalty is not stayed, the commissioner may
986-9 refer the matter to the attorney general for collection of the
986-10 amount of the penalty.
986-11 (j) Judicial review of the board's order:
986-12 (1) is initiated by filing a petition for review as
986-13 provided by Section 2001.176, Government Code; and
986-14 (2) is under the substantial evidence rule.
986-15 (k) If the court sustains the occurrence of the violation,
986-16 the court may uphold or reduce the amount of the penalty and order
986-17 the person to pay the full or reduced amount. If the court does
986-18 not sustain the occurrence of the violation, the court shall order
986-19 that a penalty is not owed.
986-20 (l) When the court's judgment becomes final, the court
986-21 shall:
986-22 (1) if the person paid the amount of the penalty and
986-23 the court did not uphold the imposition of the penalty or reduce
986-24 the amount of the penalty, order remittance to the person of:
986-25 (A) the amount of the penalty that was not
986-26 upheld; and
986-27 (B) interest on the amount described by
987-1 Paragraph (A) at the rate charged on loans to depository
987-2 institutions by the Federal Reserve Bank of New York, from the date
987-3 the penalty was paid until the date it is remitted;
987-4 (2) if the person gave a supersedeas bond and the
987-5 court did not uphold the imposition of the penalty, order release
987-6 of the bond; or
987-7 (3) if the person gave a supersedeas bond and the
987-8 court reduced the amount of the penalty, order release of the bond
987-9 after the person pays the reduced amount.
987-10 (m) All proceedings under this section are subject to
987-11 Chapter 2001, Government Code. <in the same manner as a hearing on
987-12 the denial of certificate of approval under Section 32.41 of this
987-13 code. If it is determined after a hearing that the person has
987-14 committed the alleged violation, the administrator shall give
987-15 written notice to the person of the findings established by the
987-16 hearing and the amount of the penalty and shall enter an order
987-17 requiring the person to pay the penalty.>
987-18 <(e) Not later than the 30th day after the date on which the
987-19 notice is received, the person charged must pay the civil penalty
987-20 in full or, if the person wishes to contest either the amount of
987-21 the penalty or the fact of the violation, remit the assessed amount
987-22 to the administrator for deposit in an escrow account. If, after
987-23 judicial review, it is determined that no violation occurred or
987-24 that the amount of the penalty should be reduced, the administrator
987-25 shall remit the appropriate amount to the person charged with the
987-26 violation not later than the 30th day after the date on which the
987-27 judicial determination becomes final.>
988-1 <(f) Failure to remit the amount of the civil penalty to the
988-2 board within the time provided by Subsection (e) of this section
988-3 results in a waiver of all legal rights to contest the violation or
988-4 the amount of the penalty.>
988-5 <(g) A civil penalty owed under this section plus reasonable
988-6 attorney fees and court costs may be recovered in a civil action
988-7 brought by the attorney general at the request of the
988-8 administrator. Civil penalties recovered shall be deposited in the
988-9 General Revenue Fund. Attorney fees and court costs shall be
988-10 appropriated to the attorney general.>
988-11 Sec. 132.153 <32.612>. Competitive Bidding; Advertising.
988-12 The board <State Board of Education> may not adopt rules to
988-13 restrict competitive bidding or advertising by a proprietary school
988-14 except to prohibit false, misleading, or deceptive competitive
988-15 bidding or advertising practices. Those rules may not restrict:
988-16 (1) the use of an advertising medium;
988-17 (2) the size or duration of an advertisement; or
988-18 (3) advertisement under a trade name.
988-19 Sec. 132.154 <32.62>. Injunctions. (a) Whenever the
988-20 commissioner <Administrator> has probable cause to believe that any
988-21 proprietary school has committed any acts that would be in
988-22 violation of this chapter <Chapter>, the commissioner
988-23 <Administrator> shall apply <have the duty to make application to a
988-24 court of competent jurisdiction> for an injunction restraining the
988-25 commission of such acts.
988-26 (b) An action for an injunction under this section shall be
988-27 brought in Travis County.
989-1 Sec. 132.155 <32.63>. Civil Penalty. (a) A person who
989-2 violates this chapter or a rule adopted under this chapter is
989-3 liable for a civil penalty in addition to any injunctive relief or
989-4 other remedy provided by law. The civil penalty may not exceed
989-5 $1,000 a day for each violation.
989-6 (b) The attorney general, at the request of the board
989-7 <Central Education Agency>, may bring a civil action to collect a
989-8 civil penalty under this section.
989-9 <(c) Civil penalties recovered in a suit brought under this
989-10 section shall be deposited in the state treasury to the credit of
989-11 the General Revenue Fund.>
989-12 Sec. 132.156 <32.64>. Sanctions. (a) If the board <Central
989-13 Education Agency> has reasonable cause to believe that a
989-14 proprietary school has violated this chapter or a rule adopted
989-15 under this chapter, the board <agency> may:
989-16 (1) order a peer review of the school; or
989-17 (2) suspend the admission of students to the school.
989-18 (b) A peer review ordered under this section shall be
989-19 conducted by a peer review team composed of knowledgeable persons
989-20 selected by the board <agency>. The board <agency> shall attempt
989-21 to provide a balance on each team between members assigned to the
989-22 team who are from this state and those who are from other states.
989-23 The team shall provide the board <agency> with an objective
989-24 assessment of the content of the proprietary school's curriculum
989-25 and its application. The costs of providing a peer review team
989-26 shall be paid by the school.
989-27 Sec. 132.157 <32.65>. Penalty for Small Proprietary School.
990-1 (a) If a proprietary school fails to timely comply with the
990-2 requirements of Section 132.064 <32.402 of this code>, in addition
990-3 to any other penalties authorized by law, the board <administrator>
990-4 may assess a penalty in an amount not greater than two times the
990-5 amount that the school would have paid in fees and other charges if
990-6 the school had complied with the requirements of Section 132.064
990-7 <32.402> or may assess a penalty in the amount of the tuition or
990-8 fee charge to any students whose tuition or fees were contracted to
990-9 be funded by a prepaid federal or state source.
990-10 (b) If the board <administrator> finds that the proprietary
990-11 school acted intentionally, the board <administrator> may, in
990-12 addition to any other remedy available under law, assess a penalty
990-13 against the owner in an amount not greater than four times the
990-14 amount of the fees and charges that the school should have paid or
990-15 four times the amount of the student tuition that was contracted to
990-16 be funded from a prepaid federal or state source.
990-17 (c) The failure to notify the commissioner <administrator>
990-18 within four months after the proprietary school's earnings exceed
990-19 that of a small proprietary school gives rise to a rebuttable
990-20 presumption of intent for purposes of assessment of a penalty.
990-21 (d) The failure to notify the commissioner <administrator>
990-22 within 10 days after a proprietary school has enrolled a student
990-23 whose tuition or fees are paid in whole or in part from a prepaid
990-24 federal or state source gives rise to a rebuttable presumption of
990-25 intent for purposes of assessment of a penalty.
990-26 (e) A <civil> penalty under this section shall be assessed
990-27 in accordance with the procedures stated in Section 132.152 <32.611
991-1 of this code>. <A penalty collected shall be deposited in the
991-2 state treasury to the credit of the general revenue fund.>
991-3 SUBCHAPTER G <H>. FEES
991-4 Sec. 132.201 <32.71>. CERTIFICATE AND REGISTRATION FEES.
991-5 (a) Certificate and registration fees, except those charged
991-6 pursuant to Subsection (d) <of this section>, shall be collected by
991-7 the commissioner <Administrator and deposited with the State
991-8 Treasurer>. Each fee shall be in an amount set by the commissioner
991-9 <Administrator> and approved by the board <State Board of
991-10 Education> in an amount not to exceed 150 percent of each fee in
991-11 the following schedule:
991-12 (1) the initial fee for a proprietary school:
991-13 (A) for a certificate of approval is $2,000; or
991-14 (B) for a small proprietary school certificate
991-15 of approval is $1,000;
991-16 (2) the first renewal fee and each subsequent renewal
991-17 fee for a proprietary school is the greater of:
991-18 (A) an amount that is determined by applying a
991-19 percentage, not to exceed 0.3 percent, to the gross tuition and
991-20 fees, excluding refunds as provided by Section 132.061 <32.39 of
991-21 this code>, of the school; or
991-22 (B) $500;
991-23 (3) the initial registration fee for a representative
991-24 is $60;
991-25 (4) the annual renewal fee for a representative is
991-26 $30;
991-27 (5) the fee for a change of a name of a proprietary
992-1 school or owner is $100;
992-2 (6) the fee for a change of an address of a
992-3 proprietary school is $180;
992-4 (7) the fee for a change in the name or address of a
992-5 representative or a change in the name or address of a proprietary
992-6 school that causes the reissuance of a representative permit is
992-7 $10;
992-8 (8) the application fee for an additional course is
992-9 $150, except for seminar and workshop courses, for which the fee is
992-10 $25;
992-11 (9) the application fee for a director, administrative
992-12 staff member, or instructor is $15;
992-13 (10) the application fee for the authority to grant
992-14 degrees is $2,000;
992-15 (11) the application fee for an additional degree
992-16 course is $250; and
992-17 (12) the fee for an inspection required by board rule
992-18 <of the State Board of Education> of classroom facilities that are
992-19 separate from the main campus is $250.
992-20 (b) The commissioner <of education> shall periodically
992-21 review and recommend adjustments in the level of fees to the board
992-22 <State Board of Education> and the legislature.
992-23 (c) For purposes of this section, the gross amount of annual
992-24 student fees and tuition for a proprietary school is the amount
992-25 determined by the board <State Board of Education> based on any
992-26 report submitted by the school to the board <Central Education
992-27 Agency> or other information obtained by the board <agency>.
993-1 (d) In connection with the regulation of any proprietary
993-2 school or course through a memorandum of understanding pursuant to
993-3 Section 132.002(c) <32.12(c) of this code>, the commissioner
993-4 <Administrator> shall set an application and annual renewal fee,
993-5 not to exceed $2,000. The fee shall be approved by the board
993-6 <State Board of Education> to be an amount reasonably calculated to
993-7 cover the administrative costs associated with assuming the
993-8 additional regulation.
993-9 (e) The fee for an investigation at a proprietary school to
993-10 resolve a complaint filed against the school is $400. The fee may
993-11 be charged only if:
993-12 (1) the complaint could not have been resolved by
993-13 telephone or written correspondence only;
993-14 (2) a representative of the board <Central Education
993-15 Agency> visits the school as a part of the complaint resolution
993-16 process; and
993-17 (3) the school is found to be at fault.
993-18 (f) The commissioner <administrator> may allow payment of
993-19 any fee authorized under this section or under Section 132.241
993-20 <32.91 of this code> that exceeds $1,000 to be paid by installment.
993-21 The commissioner <administrator> shall provide for appropriate
993-22 interest charges and late penalties in addition to any other remedy
993-23 that is provided for by law for the late payment of a fee
993-24 installment authorized under this section. The commissioner
993-25 <administrator> may assess a reasonable service charge or interest
993-26 to be paid by a proprietary school that pays a fee by installment
993-27 in an amount not to exceed 10 percent annually of the fee that is
994-1 to be paid by installment.
994-2 (g) All fees, interest, or other charges collected under
994-3 this section shall be used only for the administration of this
994-4 chapter <the Texas Proprietary School Act>.
994-5 (h) The commissioner <administrator> may apply or prorate a
994-6 fee paid by a small proprietary school that has complied with the
994-7 notification requirements of Section 132.064 <32.402 of this code>
994-8 toward an initial certificate as a proprietary school in the event
994-9 that a proprietary school has ceased to qualify as a small
994-10 proprietary school during a certification period.
994-11 SUBCHAPTER H <I>. FUNDING
994-12 Sec. 132.221 <32.81>. FUNDING. (a) The cost of
994-13 administration of this chapter <Chapter> shall be included in the
994-14 appropriation <State budget allowance> for the board <State Board
994-15 of Education>.
994-16 (b) Fees collected by the commissioner <Administrator and
994-17 deposited with the State Treasurer> shall be used to help defray
994-18 the cost and expense of administering <the provisions of> this
994-19 chapter <Chapter>.
994-20 SUBCHAPTER I <J>. PROTECTION OF TUITION
994-21 Sec. 132.241 <32.91>. TUITION PROTECTION FUND. (a) Except
994-22 as provided by Subsection (d) <(e) of this section>, at the time
994-23 that each proprietary school pays its annual renewal fee, in the
994-24 years provided by Subsection (b) <(c) of this section>, the board
994-25 <State Board of Education> shall also collect a fee from the school
994-26 for deposit to the credit of <a special fund in the state treasury
994-27 to be called> the proprietary school tuition protection fund.
995-1 (b) <The amount of the fee is determined by applying a
995-2 percentage to each school's annual renewal fee. The percentage is
995-3 the rate as determined by the board that, when applied to the total
995-4 of all renewal fees, will result in the collection of $250,000 for
995-5 deposit in the fund in the first two years that the fee is
995-6 collected.>
995-7 <(c) Beginning on January 1, 1990, the board shall collect
995-8 the fee for two years.> If on January 1 of<, 1993, or> any
995-9 <subsequent> year the amount in the fund is less than $200,000, the
995-10 board shall collect a fee during that year by applying a percentage
995-11 to each proprietary school's annual renewal fee at a rate that will
995-12 bring the balance of the fund to $250,000.
995-13 (c) <(d)> The state treasurer shall invest the fund in the
995-14 same manner as other state funds. Sufficient funds from the
995-15 tuition protection fund shall be appropriated to the board <Central
995-16 Education Agency administration> for the administration of <purpose
995-17 outlined in> this section.
995-18 (d) <(e)> A proprietary school is not required to pay the
995-19 fee for the tuition protection fund under Subsection (a) <of this
995-20 section> if, at the time the school pays the annual renewal fee,
995-21 the bond provided by the school under Section 132.060 <32.38 of
995-22 this code> is greater than the unearned tuition of the school.
995-23 Sec. 132.242 <32.92>. CLOSED SCHOOL. (a) If a proprietary
995-24 school closes, the board <Central Education Agency> shall attempt
995-25 to arrange for students of the closed school to attend another
995-26 proprietary school.
995-27 (b) The expense incurred by a proprietary school in
996-1 providing a teachout that is directly related to educating a
996-2 student placed in the school under this section, including the
996-3 applicable tuition for the period <of time> for which the student
996-4 has paid tuition, shall be paid from the proprietary school tuition
996-5 protection fund.
996-6 (c) If the student cannot be placed in another proprietary
996-7 school, the student's tuition and fees shall be refunded under
996-8 Section 132.061(d) <32.39(d) of this code>.
996-9 (d) If a student does not accept a place that is available
996-10 and reasonable in another proprietary school, the student's tuition
996-11 and fees shall be refunded under the refund policy maintained by
996-12 the closing proprietary school under Section 132.061(b) <32.39(b)
996-13 of this code>.
996-14 (e) If the amount of the closed proprietary school's bond
996-15 under Section 132.060 <32.38 of this code> is less than the amount
996-16 required for student refunds under Subsections (c) and (d) <of this
996-17 section>, the refunds shall be paid from the proprietary school
996-18 tuition protection fund in an amount not to exceed $25,000.
996-19 (f) If another proprietary school assumes responsibility for
996-20 the closed proprietary school's students with no significant
996-21 changes in the quality of training, the student is not entitled to
996-22 a refund under Subsection (c) or (d) <of this section>.
996-23 (g) Attorney's fees, court costs, or damages may not be paid
996-24 from the proprietary school tuition protection fund.
996-25 <(h) This section takes effect January 1, 1992.>
996-26 SECTION 26. TRANSFER, REDESIGNATION, AND AMENDMENT. Chapter
996-27 33, Education Code, is transferred to Subtitle G, Title 3,
997-1 Education Code, is redesignated as Chapter 133, Education Code, and
997-2 is amended to read as follows:
997-3 CHAPTER 133 <33>. APPRENTICESHIP SYSTEM OF ADULT
997-4 VOCATIONAL EDUCATION
997-5 Sec. 133.001 <33.01>. Definitions. In this chapter:
997-6 (1) "Apprenticeship training program" means a training
997-7 program that provides on-the-job training, preparatory instruction,
997-8 supplementary instruction, or related instruction in a trade that
997-9 has been certified as an apprenticible occupation by the Bureau of
997-10 Apprenticeship Training of the United States Department of Labor.
997-11 (2) "Preparatory instruction" means a course of
997-12 instruction lasting six months or less that teaches the basic
997-13 skills required for an individual to comply with the terms of the
997-14 individual's <his or her> apprenticeship agreement as required by
997-15 Section 133.002(d) <33.02(d) of this code>.
997-16 (3) "Supplementary instruction" means a course of
997-17 instruction for persons employed as journeymen craftsmen in
997-18 apprenticible trades that is designed to provide new skills or
997-19 upgrade current skills.
997-20 (4) "Related instruction" means organized, off-the-job
997-21 instruction in theoretical or technical subjects required for the
997-22 completion of an apprenticeship program for a particular
997-23 apprenticible trade.
997-24 (5) "Board" means the Texas Higher Education
997-25 Coordinating Board.
997-26 (6) "Bureau" <"BAT"> means the Bureau of
997-27 Apprenticeship Training of the United States Department of Labor.
998-1 <(7) "CEA" means the Central Education Agency.>
998-2 Sec. 133.002 <33.02>. General Provisions Relating to
998-3 Apprenticeship Training Programs. (a) Pursuant to the provisions
998-4 of this chapter, the commissioner of higher education may allocate
998-5 state funds for the support of apprenticeship training programs
998-6 that meet the criteria set forth in this chapter.
998-7 (b) A program must be sponsored by a public school district
998-8 or a state postsecondary institution pursuant to a contract between
998-9 the district or institution and an apprenticeship committee.
998-10 (c) A program must be under the direction of an
998-11 apprenticeship committee whose members are appointed by one or more
998-12 employers of apprentices, one or more bargaining agents
998-13 representing members of an apprenticible trade, or a combination of
998-14 the above, and the committee shall perform the duties set forth in
998-15 Section 133.003 <33.03 of this code>. If an apprenticeship
998-16 committee is composed of representatives of one or more employers
998-17 and one or more bargaining agents, the number of committee members
998-18 designated by the employer or employers shall be equal to the
998-19 number of committee members designated by the bargaining agent or
998-20 agents.
998-21 (d) Each apprentice participating in a program must be given
998-22 a written apprenticeship agreement by the apprenticeship committee
998-23 stating the standards and conditions of the apprentice's <his>
998-24 employment and training. The standards must conform substantially
998-25 with the standards of apprenticeship for the particular trade which
998-26 have been adopted by the bureau <BAT>.
998-27 (e) An apprentice may not be charged tuition or fees by a
999-1 public school district or state postsecondary institution other
999-2 than an administrative fee to cover the costs of processing the
999-3 apprentice's <his> records which shall not exceed $5 for each
999-4 course in which the apprentice is enrolled.
999-5 (f) Funding for a program, in addition to any other money
999-6 available, shall be provided by the apprenticeship committee
999-7 pursuant to the terms of the contract referred to in Subsection (b)
999-8 <of this section>.
999-9 (g) Pursuant to the terms of the contract referred to in
999-10 Subsection (b) <of this section>, adequate facilities, personnel,
999-11 and resources to effectively administer the apprenticeship training
999-12 program in a manner consistent with the public's need for skilled
999-13 craftsmen and the apprentices' need for marketable skills in
999-14 apprenticible occupations must be provided.
999-15 (h) A program must be registered with the bureau <BAT> and
999-16 approved by the board <State Board of Vocational Education or the
999-17 Coordinating Board, Texas College and University System>.
999-18 Sec. 133.003 <33.03>. Duties of Apprenticeship Committee.
999-19 The apprenticeship committee for each apprenticeship training
999-20 program shall:
999-21 (1) establish standards and goals for preparatory
999-22 instruction, supplementary instruction, and related instruction for
999-23 apprentices in the program;
999-24 (2) establish rules governing the on-the-job training
999-25 and other instruction for apprentices in the program;
999-26 (3) plan and organize instructional materials designed
999-27 to provide technical and theoretical knowledge and basic skills
1000-1 required by apprentices in the program;
1000-2 (4) recommend qualified instructions for the program;
1000-3 (5) monitor and evaluate the performance and progress
1000-4 of each apprentice in the program and the program as a whole;
1000-5 (6) interview applicants and select those most
1000-6 qualified for entrance into the program;
1000-7 (7) provide for the keeping of records of the
1000-8 on-the-job training and progress of each apprentice;
1000-9 (8) encourage instructors to maintain recommended
1000-10 qualifications; and
1000-11 (9) perform any other duties which, in the opinion of
1000-12 the apprenticeship committee, promote the goals of individual
1000-13 apprentices and of the program as a whole.
1000-14 Sec. 133.004 <33.04>. Notice of Available Funds. In order
1000-15 to insure that all citizens of Texas have an equal opportunity to
1000-16 benefit from apprenticeship training programs, the board <State
1000-17 Board of Vocational Education> shall provide for statewide
1000-18 publication in a manner recommended by the advisory committee and
1000-19 intended to give actual notice to all potential program sponsors of
1000-20 the amount of funds that will be available to support
1000-21 apprenticeship training programs during the current and following
1000-22 fiscal years, the qualifications required of program sponsors and
1000-23 apprenticeship committees, and the procedures to be followed in
1000-24 applying for state funds. The notice may also include other
1000-25 information recommended by the advisory committee and approved by
1000-26 the board <State Board of Vocational Education>. Notwithstanding
1000-27 the foregoing, the board <State Board of Vocational Education>
1001-1 shall publish any information concerning available funds given to a
1001-2 particular program sponsor in a manner recommended by the advisory
1001-3 committee and intended to give actual notice to all potential
1001-4 program sponsors statewide.
1001-5 Sec. 133.005 <33.07>. Audit Procedures. (a) The board
1001-6 <CEA> shall maintain a clear audit trail of all funds appropriated
1001-7 for the apprenticeship system of adult vocational education. For
1001-8 each course that is funded, the audit trail <in the CEA> shall
1001-9 include the following records:
1001-10 (1) the name of the sponsoring public school district
1001-11 or state postsecondary institution;
1001-12 (2) the name of the instructor;
1001-13 (3) the number of students enrolled;
1001-14 (4) the place and schedule of class meetings; and
1001-15 (5) certification by the bureau <BAT> for preparatory
1001-16 and related instruction courses that the students enrolled were
1001-17 registered apprentices.
1001-18 (b) Public school districts or state postsecondary
1001-19 institutions receiving funds shall maintain a clear audit trail
1001-20 which shall include records of receipts for all expenditures
1001-21 relating solely to each particular course. Where an expense is
1001-22 shared by two or more courses, the allocation to that expense from
1001-23 the funds for a particular course shall be supported by a formula
1001-24 based on the comparative benefit derived by each course from the
1001-25 expense. No charges for the depreciation of facilities or the
1001-26 retirement of indebtedness shall be allocated to an apprenticeship
1001-27 course.
1002-1 (c) Funds appropriated for the apprenticeship system of
1002-2 adult vocational education shall not be commingled with funds
1002-3 appropriated for other purposes.
1002-4 (d) All state funds appropriated to the board <Central
1002-5 Education Agency> pursuant to this chapter are subject to audit by
1002-6 the state auditor in accordance with Chapter 321, Government Code.
1002-7 Funds received pursuant to this chapter by a school district or
1002-8 postsecondary institution are subject to audit as otherwise
1002-9 provided by law.
1002-10 (e) All records, receipts, working papers, and other
1002-11 components of the audit trail shall be public records.
1002-12 Sec. 133.006 <33.08>. Appropriation and Distribution of
1002-13 Funds. (a) On recommendation of the advisory committee the board
1002-14 <State Board of Vocational Education> shall adopt formulas and
1002-15 administrative procedures to be used in requesting appropriations
1002-16 of state funds as a budgetary line item for the Apprenticeship
1002-17 System of Adult Vocational Education.
1002-18 (b) The board <CEA> shall prepare an update to the
1002-19 Apprenticeship Related Instruction Cost Study adopted by the State
1002-20 Board of Education on February 10, 1973, prior to each biennial
1002-21 session of the legislature.
1002-22 (c) On recommendation of the advisory committee the board
1002-23 <State Board of Vocational Education> shall adopt forms, formulas,
1002-24 and administrative procedures for the distribution of available
1002-25 funds to apprenticeship training programs. Distribution formulas
1002-26 must be uniform in application to all local program sponsors.
1002-27 (d) On recommendation of the advisory committee the board
1003-1 <State Board of Vocational Education> shall reserve until December
1003-2 1 of each year a percentage of the funds appropriated under the
1003-3 line item described in this section to be used solely for
1003-4 apprenticeship-related instruction programs. This percentage shall
1003-5 be established by the formulas required by this section. Reserved
1003-6 funds that are not obligated on December 1 may be used for
1003-7 preparatory and supplementary instruction programs as well as
1003-8 related instruction programs.
1003-9 (e) No funds shall be distributed to a public school
1003-10 district or state postsecondary institution until the district or
1003-11 institution has filed all reports required by this chapter and by
1003-12 the board <State Board of Vocational Education>.
1003-13 Sec. 133.007 <33.09>. Rules. The board <State Board of
1003-14 Vocational Education> shall promulgate rules necessary to implement
1003-15 the provisions of this chapter.
1003-16 Sec. 133.008 <33.10>. Status of Recommendations. (a)
1003-17 Recommendations of the advisory committee submitted to the board
1003-18 <State Board of Vocational Education> must be acted on, and either
1003-19 accepted or rejected.
1003-20 (b) A recommendation which is rejected must be returned
1003-21 immediately to the advisory committee, accompanied by written
1003-22 notice of the reasons for rejecting the recommendation.
1003-23 Sec. 133.009 <33.11>. Applicability. The provisions of this
1003-24 chapter apply only to those apprenticeship training programs which
1003-25 receive state funds pursuant to the provisions of Section 133.002
1003-26 <33.02 of this chapter>.
1003-27 SECTION 27. TRANSFER, REDESIGNATION, AND AMENDMENT.
1004-1 Subchapter C, Chapter 34, Education Code, is transferred to Chapter
1004-2 51, Education Code, redesignated as Subchapter R, and amended to
1004-3 read as follows:
1004-4 SUBCHAPTER R <C>. EDUCATIONAL ECONOMIC POLICY CENTER
1004-5 Sec. 51.751 <34.051>. Creation and Operation. (a) The
1004-6 Educational Economic Policy Center is created as a consortium of
1004-7 universities. Each public senior college or university in the
1004-8 state shall participate in the Educational Economic Policy Center
1004-9 at the request of the governor. The center shall represent
1004-10 business, finance, public policy, education, and other appropriate
1004-11 disciplines.
1004-12 (b) The center shall examine the efficiency of the public
1004-13 school system and the effectiveness of instructional methods and
1004-14 curricular programs. The center shall promote the use of
1004-15 successful methods and programs.
1004-16 (c) The center may be funded by donations, grants, and
1004-17 legislative appropriations. The office of the governor may receive
1004-18 grants and donations for the purposes of this subchapter.
1004-19 (d) The center may assist the legislature with education
1004-20 policy studies related to the purposes of the center on approval of
1004-21 the governor, lieutenant governor, and speaker. The center may
1004-22 participate in collaborative studies with foundations or
1004-23 organizations within or outside the state.
1004-24 Sec. 51.752 <34.052>. Educational Economic Policy Committee.
1004-25 (a) The Educational Economic Policy Committee is created as the
1004-26 primary policy-making body of the Educational Economic Policy
1004-27 Center. The committee shall study the elements of a quality
1005-1 educational system to:
1005-2 (1) improve the management and productivity of the
1005-3 public education system to meet the demands of the twenty-first
1005-4 century;
1005-5 (2) provide greater accountability to the taxpayers of
1005-6 the state; and
1005-7 (3) improve the state's ability to compete in
1005-8 education and to compete economically with other states and
1005-9 nations.
1005-10 (b) The committee is composed of nine members. The
1005-11 governor, lieutenant governor, and speaker of the house of
1005-12 representatives shall each appoint two members, only one of whom
1005-13 may be a board member or employee of a public school district,
1005-14 college, or university. Those appointees shall include persons in
1005-15 the private sector who have an interest in improving public
1005-16 education. In addition, the governor shall appoint three members
1005-17 who serve on the boards of regents representing the universities or
1005-18 systems participating in the center.
1005-19 (c) Members of the committee serve two-year staggered terms.
1005-20 (d) The governor shall appoint one member of the committee
1005-21 as the chairman.
1005-22 (e) Members shall not receive salaries but shall be
1005-23 reimbursed for expenses incurred in attending meetings of the
1005-24 committee.
1005-25 (f) State agencies shall cooperate with and assist the
1005-26 center at the committee's request.
1005-27 (g) The committee shall report to the Legislative Budget
1006-1 Board at least once a year. The committee shall also report to the
1006-2 governor, the State Board of Education, the Texas Higher Education
1006-3 Coordinating Board, and the legislature before the convening of
1006-4 each regular session.
1006-5 SECTION 28. TRANSFER, REDESIGNATION, AND AMENDMENT. Chapter
1006-6 35, Education Code, as added by Chapter 682, Acts of the 73rd
1006-7 Legislature, Regular Session, 1993, is transferred to Chapter 61,
1006-8 Education Code, redesignated as Subchapter P, and amended to read
1006-9 as follows:
1006-10 SUBCHAPTER P <CHAPTER 35>. TEXAS PARTNERSHIP AND SCHOLARSHIP
1006-11 PROGRAM
1006-12 Sec. 61.801 <35.01>. Definitions. In this subchapter
1006-13 <chapter>:
1006-14 (1) "Advisory council" means the Texas partnership and
1006-15 scholarship program advisory council <created under this chapter>.
1006-16 (2) "Public or private institution <"Board" means the
1006-17 Texas Higher Education Coordinating Board.>
1006-18 <(3) "Institution> of higher education" means an
1006-19 institution of higher education or a <has the meaning assigned by
1006-20 Section 61.003 of this code and includes> private college or
1006-21 university <colleges and universities> accredited by a recognized
1006-22 accrediting agency <under Section 61.003(13) of this code>.
1006-23 Sec. 61.802 <35.02>. Program Name and Purpose. (a) The
1006-24 program established under this subchapter <chapter> is known as the
1006-25 Texas partnership and scholarship program.
1006-26 (b) The purpose of the <Texas partnership and scholarship>
1006-27 program is to provide financial assistance to public or private
1007-1 institutions of higher education, school districts, and nonprofit
1007-2 organizations that operate partnership programs designed to
1007-3 encourage students who are at risk of dropping out of school to
1007-4 remain in school, graduate, and seek a college education.
1007-5 (c) The <Texas partnership and scholarship> program is
1007-6 designed to award a four-year college scholarship for tuition and
1007-7 fees for students who participate in a partnership program during
1007-8 their high school years and who meet the criteria established by
1007-9 this subchapter <chapter> and by board rule.
1007-10 Sec. 61.803 <35.03>. Administrative Authority. (a) The
1007-11 board shall administer the Texas partnership and scholarship
1007-12 program. The advisory council shall assist the board as provided
1007-13 by this subchapter <chapter>.
1007-14 (b) The board shall provide financial assistance on a
1007-15 competitive basis to eligible entities that operate partnership
1007-16 programs that qualify under this subchapter <chapter>.
1007-17 Sec. 61.804 <35.04>. Eligible Entity. (a) To be eligible
1007-18 to receive financial assistance under this subchapter <chapter>, an
1007-19 entity must be:
1007-20 (1) a public or private <an> institution of higher
1007-21 education;
1007-22 (2) <or> a school district; or
1007-23 (3) a nonprofit organization that does not incur debt
1007-24 and that is exempt from taxation under Section 501(a), Internal
1007-25 Revenue Code, by being listed under Section 501(c)(3), <of the>
1007-26 Internal Revenue Code <of 1986>.
1007-27 (b) An eligible entity must apply for financial assistance
1008-1 on a form provided by the board and meet any other reasonable
1008-2 requirements established by board rule.
1008-3 Sec. 61.805 <35.05>. Program Participants. To be eligible
1008-4 to participate in the partnership program, a student must be
1008-5 enrolled at an elementary or secondary school that meets the
1008-6 selection criteria under Section 61.806 <35.06 of this code>.
1008-7 Sec. 61.806 <35.06>. Award of Financial Assistance;
1008-8 Partnership Program. (a) The board, on a competitive basis, may
1008-9 award financial assistance to an eligible entity that provides
1008-10 support services to students selected as program participants.
1008-11 (b) The types of services provided to program participants
1008-12 by a partnership program must include a mentoring program and may
1008-13 include skills assessment, tutoring, academic and personal
1008-14 counseling, family counseling and home visits, staff development
1008-15 activities for personnel with direct responsibility for program
1008-16 participants, and mentoring programs.
1008-17 (c) An eligible entity must make application to the board to
1008-18 receive financial assistance under this subchapter <chapter>. An
1008-19 application must demonstrate that the program contains the
1008-20 following elements:
1008-21 (1) involvement of public school officials, teachers,
1008-22 and counselors in identifying and selecting students in elementary
1008-23 school for participation in the partnership program during the
1008-24 elementary and secondary school grades;
1008-25 (2) criteria for the selection of program participants
1008-26 that include consideration of:
1008-27 (A) whether the student has a high risk of
1009-1 dropping out of school as measured by academic performance,
1009-2 attendance, discipline problems, and other factors affecting school
1009-3 performance, including teenage pregnancy or parenting, substance
1009-4 abuse, child abuse or neglect, or limited English proficiency; and
1009-5 (B) whether the student is a low-income student
1009-6 as defined by board rule;
1009-7 (3) academic and counseling support services for
1009-8 program participants;
1009-9 (4) involvement of parents and community volunteers to
1009-10 the extent possible; and
1009-11 (5) an evaluation component that includes follow-up
1009-12 relating to the academic performance of program participants during
1009-13 secondary school and the program participants' plans concerning
1009-14 college attendance.
1009-15 (d) If financial assistance is awarded to an eligible entity
1009-16 that is not a school district, the application must include a
1009-17 description of the frequency and manner of involvement of the
1009-18 public schools and school personnel, especially teachers and
1009-19 counselors, with the partnership program.
1009-20 (e) In awarding financial assistance under this subchapter
1009-21 <chapter>, the board shall give priority to an application that:
1009-22 (1) provides support services to students enrolled in
1009-23 a public school, including a rural public school, that is in a
1009-24 school district identified by the Texas <Central> Education Agency
1009-25 as having a higher than average dropout rate;
1009-26 (2) is from an eligible entity with demonstrated
1009-27 experience in providing support services to students who are at
1010-1 high risk of dropping out of school;
1010-2 (3) emphasizes cooperation with the public schools in
1010-3 which potential program participants are enrolled<, including
1010-4 communication with the at-risk coordinator designated under Section
1010-5 11.205(c) of this code>; and
1010-6 (4) emphasizes parent involvement and volunteer
1010-7 participation from community members.
1010-8 (f) Each eligible entity that receives financial assistance
1010-9 under this subchapter <chapter> must submit to the board:
1010-10 (1) an annual report in the form provided by board
1010-11 rule that includes an evaluation of the partnership program
1010-12 administered by the eligible entity and follow-up information
1010-13 relating to the academic performance and college plans of the
1010-14 program participants; and
1010-15 (2) a list of the names of program participants who
1010-16 are eligible to receive a certificate of completion under Section
1010-17 61.807 <35.07 of this code>.
1010-18 Sec. 61.807 <35.07>. Certificate of Completion. The board
1010-19 shall issue a certificate of completion to each student who
1010-20 completes participation in a partnership program established under
1010-21 this subchapter <chapter> and who meets all other requirements
1010-22 established by this subchapter <chapter> and by board rule.
1010-23 Sec. 61.808 <35.08>. COOPERATION OF TEXAS <CENTRAL>
1010-24 EDUCATION AGENCY. (a) The Texas <Central> Education Agency and
1010-25 the commissioner of education shall cooperate with the board
1010-26 concerning the board's responsibilities in administering this
1010-27 subchapter <chapter>.
1011-1 (b) The Texas <Central> Education Agency shall provide the
1011-2 board with any information concerning the public schools and
1011-3 enrolled students that the board requires to administer this
1011-4 subchapter <chapter> and that is not considered confidential under
1011-5 other law.
1011-6 Sec. 61.809 <35.09>. Award of Scholarship. (a) The board
1011-7 shall award a scholarship for tuition and compulsory fees,
1011-8 including laboratory and building use fees, as provided by this
1011-9 section to a student:
1011-10 (1) who has received a certificate of completion from
1011-11 the board under Section 61.807 <35.07 of this code>;
1011-12 (2) who, not later than the second anniversary of the
1011-13 date that the student completes high school, enrolls at a public or
1011-14 private <an> institution of higher education in this state<, a
1011-15 private institution of higher education in this state,> or an
1011-16 out-of-state public or private institution of higher education; and
1011-17 (3) who applies for the scholarship on a form provided
1011-18 by the board.
1011-19 (b) If a student eligible to receive a scholarship under
1011-20 this section enrolls at an institution of higher education in this
1011-21 state, the board shall award the student a scholarship under this
1011-22 section in the amount of tuition and compulsory fees charged at
1011-23 that institution.
1011-24 (c) If a student eligible to receive a scholarship under
1011-25 this section enrolls at a private institution of higher education
1011-26 in this state or an out-of-state public or private institution of
1011-27 higher education, the board shall award the student a scholarship
1012-1 in the amount of the lesser of:
1012-2 (1) the amount of tuition and compulsory fees charged
1012-3 at that institution; or
1012-4 (2) the amount of the average cost of tuition and
1012-5 compulsory fees charged at a public senior college or university<,
1012-6 as defined by Section 61.003 of this code>.
1012-7 (d) A scholarship under this section may not be used to pay
1012-8 voluntary fees or charges for room and board.
1012-9 (e) If a student who receives a scholarship under this
1012-10 section meets the qualifications under Subsection (g) <of this
1012-11 section>, the board shall award a scholarship to the student for:
1012-12 (1) four academic years of full-time undergraduate
1012-13 student or the equivalent of part-time study; or
1012-14 (2) five academic years of full-time undergraduate
1012-15 student or the equivalent of part-time study, if the program of
1012-16 study requires five years, as determined by the board.
1012-17 (f) A semester, quarter, or term of enrollment during which
1012-18 a student receives an award for part-time study under this section
1012-19 is counted as one-half of a semester, quarter, or term, as
1012-20 appropriate.
1012-21 (g) To qualify to continue receiving a scholarship as
1012-22 provided by Subsection (e) <of this section>, a student must:
1012-23 (1) retain good academic standing, as provided by
1012-24 board rule;
1012-25 (2) apply for a scholarship each year on a form and in
1012-26 the manner provided by board rule; and
1012-27 (3) meet any other reasonable requirements established
1013-1 under this subchapter by board rule.
1013-2 Sec. 61.810 <35.10>. Advisory Council. (a) The Texas
1013-3 partnership and scholarship program advisory council consists of:
1013-4 (1) the commissioner of higher education and the
1013-5 commissioner of education, who serve as ex officio members;
1013-6 (2) three members of the public appointed by the
1013-7 governor;
1013-8 (3) two members of the public appointed by the
1013-9 lieutenant governor; and
1013-10 (4) two members of the public appointed by the speaker
1013-11 of the house of representatives.
1013-12 (b) A member of the advisory council serves for a three-year
1013-13 term and may be reappointed for one three-year term, but may not
1013-14 serve more than a total of six years. The term of a member expires
1013-15 on February 1.
1013-16 (c) The advisory council shall elect a presiding officer by
1013-17 a majority vote of its members.
1013-18 (d) A vacancy on the advisory council shall be filled in the
1013-19 same manner in which the position was originally filled. The
1013-20 person who fills the vacancy serves for the remainder of the
1013-21 unexpired term.
1013-22 (e) Members of the advisory council serve without
1013-23 compensation but are entitled to reimbursement for actual and
1013-24 necessary expenses.
1013-25 (f) The advisory council shall:
1013-26 (1) review a summary of each application from an
1013-27 eligible entity for a grant to establish a partnership program and
1014-1 provide its recommendations to the board concerning those
1014-2 applications;
1014-3 (2) assist the board in evaluating each partnership
1014-4 program established under this subchapter <chapter>;
1014-5 (3) advise the board concerning any rules adopted by
1014-6 the board under this subchapter <chapter>; and
1014-7 (4) provide any other assistance to the board that the
1014-8 board considers necessary to administer this subchapter <chapter>.
1014-9 (g) The board shall provide the advisory council with
1014-10 technical and clerical assistance at the request of the council.
1014-11 Sec. 61.811 <35.11>. Gifts, Grants, and Donations. The
1014-12 board may solicit and accept gifts, grants, and donations for the
1014-13 purposes of this subchapter <chapter>. The board may accept a
1014-14 grant on a matching basis for the purposes of this subchapter
1014-15 <chapter> and shall encourage private business and industry to
1014-16 provide matching funds.
1014-17 Sec. 61.812 <35.12>. Adoption and Distribution of Rules.
1014-18 (a) The board may adopt reasonable rules, consistent with the
1014-19 purposes of this subchapter <chapter>, to carry out and enforce the
1014-20 requirements expressed by this subchapter <chapter>.
1014-21 (b) The board shall distribute to the Texas <Central>
1014-22 Education Agency, each public or <and> private institution of
1014-23 higher education, each <public> school district, and any other
1014-24 appropriate entity copies of all rules adopted under this
1014-25 subchapter <chapter>.
1014-26 Sec. 61.813 <35.13>. Funding. Financial assistance provided
1014-27 under this subchapter <chapter> is payable solely from funds
1015-1 accepted by the board under Section 61.811 <35.11 of this code>.
1015-2 Sec. 61.814 <35.14>. Annual Report. Not later than
1015-3 September 1 of each year, the board shall submit to the governor
1015-4 and the legislature a report that includes an evaluation of each
1015-5 partnership program and recommendations concerning the
1015-6 effectiveness of the Texas partnership and scholarship program in
1015-7 motivating students to remain in school and to make plans to attend
1015-8 college.
1015-9 SECTION 29. CONFORMING AMENDMENT. Section 41.002(b), Civil
1015-10 Practice and Remedies Code, is amended to read as follows:
1015-11 (b) This chapter does not apply to:
1015-12 (1) an action brought under the Deceptive Trade
1015-13 Practices-Consumer Protection Act (Subchapter E, Chapter 17,
1015-14 Business & Commerce Code) except as specifically provided in
1015-15 Section 17.50 of that Act;
1015-16 (2) an action brought under Chapter 21, Insurance
1015-17 Code;
1015-18 (3) an action brought under the workers' compensation
1015-19 laws of this state (Title 5, Labor Code) <(Article 8306 et seq.,
1015-20 Revised Statutes)>;
1015-21 (4) an action to recover exemplary damages against an
1015-22 employer by the employee's beneficiaries in a death action arising
1015-23 out of the course and scope of employment where the employer is a
1015-24 subscriber under the workers' compensation laws of this state
1015-25 (Title 5, Labor Code) <(Article 8306 et seq., Revised Statutes)>;
1015-26 (5) an action brought under Chapter 246, Acts of the
1015-27 63rd Legislature, Regular Session, 1973, Home Solicitation
1016-1 Transactions (Article 5069-13.01 et seq., Vernon's Texas Civil
1016-2 Statutes);
1016-3 (6) an action brought under Chapter 547, Acts of the
1016-4 63rd Legislature, Regular Session, 1973, Debt Collection Practices
1016-5 (Article 5069-11.01 et seq., Vernon's Texas Civil Statutes);
1016-6 (7) an action brought under Chapter 54, 91, or 92,
1016-7 Property Code;
1016-8 (8) an action brought under the Texas Manufactured
1016-9 Housing Standards Act (Article 5221f, Vernon's Texas Civil
1016-10 Statutes);
1016-11 (9) an action brought under the Texas Motor Vehicle
1016-12 Commission Code (Article 4413(36), Vernon's Texas Civil Statutes);
1016-13 (10) an action brought under <the Texas Proprietary
1016-14 School Act,> Chapter 132 <32>, Education Code;
1016-15 (11) an action brought under Section 9.507 or Section
1016-16 27.01, Business & Commerce Code;
1016-17 (12) an action brought under Chapter 36, Family Code;
1016-18 (13) an action brought under the Health Spa Act
1016-19 (Article 5221l, Vernon's Texas Civil Statutes);
1016-20 (14) an action brought under the Business Opportunity
1016-21 Act (Article 5069-16.01 et seq., Vernon's Texas Civil Statutes); or
1016-22 (15) an action brought under Chapter 221, Property
1016-23 Code <the Texas Timeshare Act (Article 6573c, Vernon's Texas Civil
1016-24 Statutes)>.
1016-25 SECTION 30. AMENDMENT. The heading to Article 37.072, Code
1016-26 of Criminal Procedure, is amended to read as follows:
1016-27 Art. 37.072. FEE ON CONVICTION OF CERTAIN SEXUAL OFFENSES
1017-1 <ABUSED CHILDREN'S COUNSELING ACCOUNT>.
1017-2 SECTION 31. CONFORMING AMENDMENT. Section 1(c), Article
1017-3 37.072, Code of Criminal Procedure, is amended to conform to
1017-4 Section 1.01, Chapter 900, Acts of the 73rd Legislature, Regular
1017-5 Session, 1993, to read as follows:
1017-6 (c) This article applies to a defendant convicted under one
1017-7 of the following sections of the Penal Code:
1017-8 (1) Section 21.08;
1017-9 (2) Section 21.11;
1017-10 (3) Section 22.011;
1017-11 (4) Section 22.021;
1017-12 (5) Section 25.02;
1017-13 (6) <Section 25.06;>
1017-14 <(7)> Section 43.24;
1017-15 (7) <(8)> Section 43.25;
1017-16 (8) <(9)> Section 43.251; or
1017-17 (9) <(10)> Section 43.26.
1017-18 SECTION 32. AMENDMENT. Section 3, Article 37.072, Code of
1017-19 Criminal Procedure, is amended to read as follows:
1017-20 Sec. 3. DEPOSIT OF FEES <ABUSED CHILDREN'S COUNSELING
1017-21 ACCOUNT>. <(a)> The comptroller of public accounts shall deposit
1017-22 fees remitted to the comptroller under this article to the credit
1017-23 of the foundation school fund <into an account of the General
1017-24 Revenue Fund to be known as the abused children's counseling
1017-25 account>.
1017-26 <(b) Money credited to the abused children's counseling
1017-27 account may be appropriated only to the Central Education Agency
1018-1 for the purpose of establishing and maintaining programs authorized
1018-2 by Section 11.11, Education Code.>
1018-3 SECTION 33. AMENDMENTS RELATING TO HIGHER EDUCATION.
1018-4 Subchapter Z, Chapter 51, Education Code, is amended by adding
1018-5 Sections 51.932-51.936 to read as follows:
1018-6 Sec. 51.932. MOTOR VEHICLES OWNED AND USED BY
1018-7 STATE-SUPPORTED INSTITUTIONS. (a) A motor vehicle, trailer, or
1018-8 semitrailer that is the property of and used exclusively by any
1018-9 institution of higher education as defined by Section 61.003 must
1018-10 have the name of the institution printed on the side of the
1018-11 vehicle. The inscription must be in a color sufficiently different
1018-12 from the body of the vehicle and must be of letters of sufficient
1018-13 height so that the lettering is plainly legible at a distance of
1018-14 not less than 100 feet. This subsection does not apply to a motor
1018-15 vehicle used by:
1018-16 (1) a peace officer commissioned under Subchapter E;
1018-17 or
1018-18 (2) a chancellor or president of an institution of
1018-19 higher education.
1018-20 (b) A person commits an offense if the person operates a
1018-21 vehicle subject to Subsection (a) without the proper inscription.
1018-22 An offense under this subsection is punishable by a fine of not
1018-23 less than $25 nor more than $100.
1018-24 Sec. 51.933. IMMUNIZATION REQUIREMENTS; EXCEPTION. (a) An
1018-25 institution of higher education may require applicants for
1018-26 admission to be immunized against diphtheria, rubeola, rubella,
1018-27 mumps, tetanus, and poliomyelitis, except as provided in Subsection
1019-1 (d).
1019-2 (b) The Texas Board of Health may require immunizations
1019-3 against the diseases listed in Subsection (a) and additional
1019-4 diseases for students at any institution of higher education who
1019-5 are pursuing a course of study in a human or animal health
1019-6 profession, and the board may require those immunizations for any
1019-7 students in times of an emergency or epidemic in a county where the
1019-8 commissioner of public health has declared such an emergency or
1019-9 epidemic.
1019-10 (c) An institution of higher education, in conjunction with
1019-11 the Texas Department of Health, should provide individual notice to
1019-12 each student applying for admission regarding:
1019-13 (1) the consequences of not being current on
1019-14 immunization for certain diseases;
1019-15 (2) the age groups most vulnerable to these vaccine
1019-16 preventable diseases; and
1019-17 (3) local providers of immunization services.
1019-18 (d) No form of immunization is required for a person's
1019-19 admission to an institution of higher education if the person
1019-20 applying for admission:
1019-21 (1) submits to the admitting official:
1019-22 (A) an affidavit or a certificate signed by a
1019-23 physician who is duly registered and licensed to practice medicine
1019-24 within the United States in which it is stated that, in the
1019-25 physician's opinion, the immunization required would be injurious
1019-26 to the health and well-being of the applicant or any member of the
1019-27 applicant's family or household; or
1020-1 (B) an affidavit signed by the applicant or, if
1020-2 a minor, by the applicant's parent or guardian stating that the
1020-3 immunization conflicts with the tenets and practice of a recognized
1020-4 church or religious denomination of which the applicant is an
1020-5 adherent or member; or
1020-6 (2) is a member of the armed forces of the United
1020-7 States and is on active duty.
1020-8 (e) The exception provided by Subsection (d)(1)(B) does not
1020-9 apply in a time of emergency or epidemic declared by the
1020-10 commissioner of public health.
1020-11 Sec. 51.934. ASSIGNMENT, TRANSFER, OR PLEDGE OF
1020-12 COMPENSATION. (a) In this section, "employee" means any person
1020-13 employed by an institution of higher education in an executive,
1020-14 administrative, or clerical capacity or as a professor or
1020-15 instructor or in any similar capacity.
1020-16 (b) An employee's assignment, pledge, or transfer, as
1020-17 security for indebtedness, of any interest in or part of the
1020-18 employee's salary or wages then due or that may become due under an
1020-19 existing contract of employment is enforceable only:
1020-20 (1) if, before or at the time of execution, delivery,
1020-21 or acceptance of an assignment, pledge, or transfer, written
1020-22 approval is obtained in accordance with the policy of the employing
1020-23 institution; and
1020-24 (2) to the extent that the indebtedness it secures is
1020-25 a valid and enforceable obligation.
1020-26 (c) An institution of higher education shall honor an
1020-27 assignment, pledge, or transfer fulfilling the conditions of
1021-1 Subsection (b) without incurring any liability to the employee
1021-2 executing the assignment, pledge, or transfer. Payment to any
1021-3 assignee, pledgee, or transferee in accordance with the terms of
1021-4 the instrument is payment to or for the account of the assignor,
1021-5 pledgor, or transferor. An assignment, pledge, or transfer is
1021-6 enforceable only to the extent of salary due or that may become due
1021-7 during continuation of the assignor's employment as an employee of
1021-8 the institution.
1021-9 (d) Venue for any suit against the employer of an employee
1021-10 to enforce an assignment, pledge, or transfer of salary is in the
1021-11 county where the employing institution is located.
1021-12 Sec. 51.935. DISRUPTIVE ACTIVITIES. (a) A person or group
1021-13 of persons acting in concert may not wilfully engage in disruptive
1021-14 activity or disrupt a lawful assembly on the campus or property of
1021-15 an institution of higher education.
1021-16 (b) For purposes of this section, disruptive activity is
1021-17 activity described by Section 37.124(b).
1021-18 (c) For purposes of this section, a lawful assembly is
1021-19 disrupted under the circumstances described by Section 37.124(c).
1021-20 (d) A person who violates this section commits an offense.
1021-21 An offense under this section is a misdemeanor punishable by a fine
1021-22 not to exceed $200, confinement in jail for not less than 10 days
1021-23 nor more than six months, or both.
1021-24 (e) Any person who is convicted the third time of violating
1021-25 this section is ineligible to attend any institution of higher
1021-26 education receiving funds from this state before the second
1021-27 anniversary of the third conviction.
1022-1 (f) This section may not be construed to infringe on any
1022-2 right of free speech or expression guaranteed by the Constitution
1022-3 of the United States or of this state.
1022-4 Sec. 51.936. HAZING. (a) Subchapter G, Chapter 37, applies
1022-5 to hazing at an educational institution under this section.
1022-6 (b) For purposes of this section, in Subchapter G, Chapter
1022-7 37, "educational institution" means an institution of higher
1022-8 education.
1022-9 (c) Each postsecondary educational institution shall
1022-10 distribute to each student during the first three weeks of each
1022-11 semester:
1022-12 (1) a summary of the provisions of Subchapter G,
1022-13 Chapter 37; and
1022-14 (2) a list of organizations that have been disciplined
1022-15 for hazing or convicted for hazing on or off the campus of the
1022-16 institution during the preceding three years.
1022-17 (d) If the institution publishes a general catalogue,
1022-18 student handbook, or similar publication, it shall publish a
1022-19 summary of the provisions of Subchapter G, Chapter 37, in each
1022-20 edition of the publication.
1022-21 SECTION 34. CONFORMING AMENDMENT. Section 61.077(b),
1022-22 Education Code, is amended to read as follows:
1022-23 (b) The purposes of this committee shall include the
1022-24 following:
1022-25 (1) to advise the two boards on the coordination of
1022-26 postsecondary vocational-technical education and the articulation
1022-27 between postsecondary vocational-technical education and secondary
1023-1 vocational-technical education;
1023-2 (2) to facilitate the transfer of responsibilities for
1023-3 the administration of postsecondary vocational-technical education
1023-4 from the State Board of Education to the board in accordance with
1023-5 Section 111(a)(I) of the Carl D. Perkins Vocational Education Act,
1023-6 Public Law 98-524;
1023-7 (3) to advise the State Board of Education, when it
1023-8 acts as the State Board for Career and Technical <of Vocational>
1023-9 Education, on the following:
1023-10 (A) the transfer of federal funds to the board
1023-11 for allotment to eligible public postsecondary institutions of
1023-12 higher education;
1023-13 (B) the vocational-technical education funding
1023-14 for projects and institutions as determined by the board when the
1023-15 State Board for Career and Technical <of Vocational> Education is
1023-16 required by federal law to endorse such determinations;
1023-17 (C) the development and updating of the state
1023-18 plan for vocational-technical education and the evaluation of
1023-19 programs, services, and activities of postsecondary
1023-20 vocational-technical education and such amendments to the state
1023-21 plan for vocational-technical education as may relate to
1023-22 postsecondary education;
1023-23 (D) other matters related to postsecondary
1023-24 vocational-technical education; and
1023-25 (E) the coordination of curricula, instructional
1023-26 programs, research, and other functions as appropriate, including
1023-27 areas listed in Section 61.076 of this code, school-to-work and
1024-1 school-to-college transition programs, and professional development
1024-2 activities; and
1024-3 (4) to advise the Council on Workforce and Economic
1024-4 Competitiveness on educational policy issues related to workforce
1024-5 preparation.
1024-6 SECTION 35. HIGH SCHOOL EQUIVALENCY EXAMINATIONS. (a)
1024-7 Subchapter C, Chapter 61, Education Code, is amended by adding
1024-8 Section 61.084 to read as follows:
1024-9 Sec. 61.084. HIGH SCHOOL EQUIVALENCY EXAMINATIONS. (a) The
1024-10 board shall provide for the administration of high school
1024-11 equivalency examinations. A person who does not have a high school
1024-12 diploma may take the examination in accordance with rules adopted
1024-13 by the board if the person is over 17 years of age or:
1024-14 (1) is 16 years of age or older; and
1024-15 (2) a public agency providing supervision of the
1024-16 person or having custody of the person under a court order
1024-17 recommends that the person take the examination.
1024-18 (b) The board by rule shall establish and require payment of
1024-19 a fee as a condition to the issuance of a high school equivalency
1024-20 certificate and a copy of the scores of the examinations. The fee
1024-21 must be reasonable and designed to cover the administrative costs
1024-22 of issuing the certificate and a copy of the scores. The board may
1024-23 not require a waiting period between the date a person withdraws
1024-24 from school and the date the person takes the examination unless
1024-25 the period relates to the time between administrations of the
1024-26 examination.
1024-27 (b) This section takes effect January 1, 1996.
1025-1 SECTION 36. CENTERS FOR PROFESSIONAL DEVELOPMENT OF
1025-2 TEACHERS. Subchapter C, Chapter 61, Education Code, is amended by
1025-3 adding Section 61.085 to read as follows:
1025-4 Sec. 61.085. CENTERS FOR PROFESSIONAL DEVELOPMENT OF
1025-5 TEACHERS. (a) The board may develop the process for the
1025-6 establishment of centers for professional development through
1025-7 institutions of higher education for the purpose of integrating
1025-8 technology and innovative teaching practices in the preservice and
1025-9 staff development training of public school teachers and
1025-10 administrators. An institution of higher education with a teacher
1025-11 education program may develop a center through a collaborative
1025-12 process involving public schools, regional education service
1025-13 centers, and other entities or businesses. A center may contract
1025-14 with other entities to develop materials and provide training.
1025-15 (b) On application by a center, the board shall make grants
1025-16 to the center for its programs from funds derived from gifts,
1025-17 grants, and legislative appropriations for that purpose. The board
1025-18 shall award the grants on a competitive basis according to
1025-19 requirements established by the board's rules.
1025-20 SECTION 37. CONFORMING AMENDMENT. Section 105.95(e),
1025-21 Education Code, is amended to read as follows:
1025-22 (e) The academy is not subject to the provisions of this
1025-23 code, or to the rules of the Texas <Central> Education Agency,
1025-24 regulating public schools, except that:
1025-25 (1) professional employees of the academy are entitled
1025-26 to the limited liability of an employee under Section 22.051
1025-27 <21.912> or 22.052 <21.914 of this code>;
1026-1 (2) a student's attendance at the academy satisfies
1026-2 compulsory school attendance requirements; and
1026-3 (3) for each student enrolled, the academy is entitled
1026-4 to allotments from the foundation school program under Chapter 42
1026-5 <16 of this code> as if the academy were a school district, except
1026-6 that the academy has a local share applied that is equivalent to
1026-7 the local fund <share> assignment of the Denton Independent School
1026-8 District.
1026-9 SECTION 38. CONFORMING AMENDMENT. Section 105.102(a),
1026-10 Education Code, is amended to read as follows:
1026-11 (a) The liability of the state under Chapters 101 and 104,
1026-12 Civil Practice and Remedies Code, is limited for the academy and
1026-13 employees assigned to the academy and acting on behalf of the
1026-14 academy to the same extent that the liability of a school district
1026-15 and an employee of the school district is limited under Sections
1026-16 22.051 <21.912(b), (c), and (d)> and 22.052 <21.914 of this code>
1026-17 and Section 101.051, Civil Practice and Remedies Code.
1026-18 SECTION 39. CONFORMING AMENDMENT. Section 52.013(b),
1026-19 Government Code, is amended to read as follows:
1026-20 (b) The board may:
1026-21 (1) appoint any necessary or proper subcommittee;
1026-22 (2) hire necessary employees;
1026-23 (3) pay all reasonable expenses from available funds;
1026-24 (4) approve curriculum for court reporter proprietary
1026-25 schools as provided by Section 132.055 <32.33>, Education Code; and
1026-26 (5) approve court reporter programs in technical
1026-27 institutes and public community colleges for purposes of
1027-1 certification under Section 61.051, Education Code.
1027-2 SECTION 40. STUDY OF SCHOOL DISTRICT PROPERTY VALUES.
1027-3 Chapter 403, Government Code, is amended by adding Subchapter M to
1027-4 read as follows:
1027-5 SUBCHAPTER M. STUDY OF SCHOOL DISTRICT PROPERTY VALUES
1027-6 Sec. 403.301. PURPOSE. It is the policy of this state to
1027-7 ensure equity among taxpayers in the burden of school district
1027-8 taxes and among school districts in the payment of state financial
1027-9 aid to schools. The purpose of this subchapter is to promote that
1027-10 equity by providing for uniformity in the tax appraisal and
1027-11 assessment practices and procedures of school district tax offices,
1027-12 for improvement in the administration and operation of school
1027-13 district tax offices, and for greater competence among persons
1027-14 appraising and assessing school districts' taxes.
1027-15 Sec. 403.302. DETERMINATION OF SCHOOL DISTRICT PROPERTY
1027-16 VALUES. (a) The comptroller shall conduct an annual study using
1027-17 comparable sales and generally accepted auditing and sampling
1027-18 techniques to determine the total value of all taxable property in
1027-19 each school district. The study shall determine the taxable value
1027-20 of all property and of each category of property in the district
1027-21 and the productivity value of all land that qualifies for appraisal
1027-22 on the basis of its productive capacity and for which the owner has
1027-23 applied for and received a productivity appraisal. The comptroller
1027-24 shall make appropriate adjustments in the study to account for
1027-25 actions taken under Chapter 41, Education Code.
1027-26 (b) In conducting the study, the comptroller shall review
1027-27 the appraisal standards, procedures, and methodology used by each
1028-1 appraisal district to determine the taxable value of property in
1028-2 each school district. The review must test the validity of the
1028-3 taxable values assigned to each category of property by the
1028-4 appraisal district:
1028-5 (1) using, if appropriate, samples selected through
1028-6 generally accepted sampling techniques; and
1028-7 (2) according to generally accepted standard
1028-8 valuation, statistical compilation, and analysis techniques.
1028-9 (c) If the comptroller finds in the annual study that
1028-10 generally accepted appraisal standards and practices were used by
1028-11 the appraisal district in valuing a particular category of
1028-12 property, and that the taxable values assigned to each category of
1028-13 property by the appraisal district are valid, the appraisal roll
1028-14 value of that category of property is presumed to represent taxable
1028-15 value. In the absence of such a presumption, the comptroller shall
1028-16 estimate the taxable value of that category of property using
1028-17 generally accepted standard valuation, statistical compilation, and
1028-18 analysis techniques.
1028-19 (d) For the purposes of this section, "taxable value" means
1028-20 market value less:
1028-21 (1) the total dollar amount of any exemptions of part
1028-22 but not all of the value of taxable property required by the
1028-23 constitution or a statute that a district lawfully granted in the
1028-24 year that is the subject of the study;
1028-25 (2) the total dollar amount of any exemptions granted
1028-26 before May 31, 1993, within a reinvestment zone under agreements
1028-27 authorized by Chapter 312, Tax Code;
1029-1 (3) the total dollar amount of any captured appraised
1029-2 value of property that is located in a reinvestment zone and that
1029-3 is eligible for tax increment financing under Chapter 311, Tax
1029-4 Code;
1029-5 (4) the total dollar amount of any exemptions granted
1029-6 under Section 11.251, Tax Code;
1029-7 (5) the difference between the market value and the
1029-8 productivity value of land that qualifies for appraisal on the
1029-9 basis of its productive capacity, except that the productivity
1029-10 value may not exceed the fair market value of the land;
1029-11 (6) the portion of the appraised value of residence
1029-12 homesteads of the elderly on which school district taxes are not
1029-13 imposed in the year that is the subject of the study, calculated as
1029-14 if the residence homesteads were appraised at the full value
1029-15 required by law;
1029-16 (7) a portion of the market value of property not
1029-17 otherwise fully taxable by the district at market value because of
1029-18 action required by statute or the constitution of this state that,
1029-19 if the tax rate adopted by the district is applied to it, produces
1029-20 an amount equal to the difference between the tax that the district
1029-21 would have imposed on the property if the property were fully
1029-22 taxable at market value and the tax that the district is actually
1029-23 authorized to impose on the property; and
1029-24 (8) the market value of all tangible personal
1029-25 property, other than manufactured homes, owned by a family or
1029-26 individual and not held or used for the production of income.
1029-27 (e) The study shall determine the values as of January 1 of
1030-1 each year.
1030-2 (f) The comptroller shall publish preliminary findings,
1030-3 listing values by district, before February 1 of the year following
1030-4 the year of the study. Preliminary findings shall be delivered to
1030-5 each school district and shall be certified to the commissioner of
1030-6 education.
1030-7 (g) On request of the commissioner of education or a
1030-8 district, the comptroller shall audit a school district to
1030-9 determine the total taxable value of property in the district,
1030-10 including the productivity values of land only if the land
1030-11 qualifies for appraisal on that basis and the owner of the land has
1030-12 applied for and received a productivity appraisal. The comptroller
1030-13 shall certify the comptroller's findings to the commissioner.
1030-14 Sec. 403.303. PROTEST. (a) A school district or a property
1030-15 owner whose property is included in the study under Section 403.302
1030-16 and whose tax liability on the property is $100,000 or more may
1030-17 protest the comptroller's findings under Section 403.302(f) or (g)
1030-18 by filing a petition with the comptroller. The petition must be
1030-19 filed not later than the 30th day after the date on which the
1030-20 comptroller's findings are certified to the commissioner of
1030-21 education and must specify the grounds for objection and the value
1030-22 claimed to be correct by the school district or property owner.
1030-23 (b) After receipt of a petition, the comptroller shall
1030-24 notify the commissioner of education of the values specified by the
1030-25 school district or property owner and shall hold a hearing. The
1030-26 comptroller has the burden to prove the accuracy of the findings.
1030-27 Until a final decision is made by the comptroller, the taxable
1031-1 value of property in the district is determined, with respect to
1031-2 property subject to the protest, according to the value claimed by
1031-3 the school district or property owner, except that the value to be
1031-4 used while a final decision is pending may not be less than the
1031-5 appraisal roll value for the year of the study. If after a hearing
1031-6 the comptroller concludes that the findings should be changed, the
1031-7 comptroller shall order the appropriate changes and shall certify
1031-8 the changes to the commissioner of education. The comptroller
1031-9 shall complete all protest hearings and certify all changes as
1031-10 necessary to comply with Chapter 42, Education Code. A hearing
1031-11 conducted under this subsection is not a contested case for
1031-12 purposes of Section 2001.003.
1031-13 (c) The comptroller shall adopt procedural rules governing
1031-14 the conduct of protest hearings. The rules shall provide each
1031-15 protesting school district and property owner with the requirements
1031-16 for submitting a petition initiating a protest and shall provide
1031-17 each protesting school district and property owner with adequate
1031-18 notice of a hearing, an opportunity to present evidence and oral
1031-19 argument, and notice of the comptroller's decision on the hearing.
1031-20 (d) A protesting school district may appeal a determination
1031-21 of a protest by the comptroller to a district court of Travis
1031-22 County by filing a petition with the court. An appeal must be
1031-23 filed not later than the 30th day after the date the school
1031-24 district receives notification of a final decision on a protest.
1031-25 Review is conducted by the court sitting without a jury. The court
1031-26 shall remand the determination to the comptroller if on the review
1031-27 the court discovers that substantial rights of the school district
1032-1 have been prejudiced, and that:
1032-2 (1) the comptroller has acted arbitrarily and without
1032-3 regard to the facts; or
1032-4 (2) the finding of the comptroller is not reasonably
1032-5 supported by substantial evidence introduced before the court.
1032-6 (e) If, in a hearing under Subsection (b), the comptroller
1032-7 has not heard the case or read the record, the decision may not be
1032-8 made until a proposal for decision is served on each party and an
1032-9 opportunity to file exceptions is afforded to each party adversely
1032-10 affected. If exceptions are filed, an opportunity must be afforded
1032-11 to all other parties to file replies to the exceptions. The
1032-12 proposal for decision must contain a statement of the reasons for
1032-13 the proposed decision, prepared by the person who conducted the
1032-14 hearing or by a person who has read the record. The proposal for
1032-15 decision may be amended pursuant to the exceptions or replies
1032-16 submitted without again being served on the parties. The parties
1032-17 by written stipulation may waive compliance with this subsection.
1032-18 The comptroller may adopt rules to implement this subsection.
1032-19 Sec. 403.304. CONFIDENTIALITY. (a) All information the
1032-20 comptroller obtains from a person, other than a government or
1032-21 governmental subdivision or agency, under an assurance that the
1032-22 information will be kept confidential, in the course of conducting
1032-23 a study of school district values is confidential and may not be
1032-24 disclosed except as provided in Subsection (b).
1032-25 (b) Information made confidential by this section may be
1032-26 disclosed:
1032-27 (1) in a judicial or administrative proceeding
1033-1 pursuant to a lawful subpoena;
1033-2 (2) to the person who gave the information to the
1033-3 comptroller; or
1033-4 (3) for statistical purposes if in a form that does
1033-5 not identify specific property or a specific property owner.
1033-6 SECTION 41. CONFORMING AMENDMENTS. Sections 411.090 and
1033-7 411.097, Government Code, are amended to read as follows:
1033-8 Sec. 411.090. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
1033-9 STATE BOARD FOR EDUCATOR CERTIFICATION <CENTRAL EDUCATION AGENCY>.
1033-10 (a) The State Board for Educator Certification <Central Education
1033-11 Agency> is entitled to obtain from the department any criminal
1033-12 history record information maintained by the department about a
1033-13 person who has applied to the board <agency> for a <teaching>
1033-14 certificate under Subchapter B, Chapter 21, Education Code.
1033-15 (b) Criminal history record information obtained by the
1033-16 board <agency> under Subsection (a):
1033-17 (1) may be used for any purpose related to the
1033-18 issuance, denial, suspension, or cancellation of a <teaching>
1033-19 certificate issued by the board <agency>;
1033-20 (2) may not be released to any person except on court
1033-21 order or with the consent of the applicant for a <teaching>
1033-22 certificate; and
1033-23 (3) shall be destroyed by the board <agency> after the
1033-24 information is used for the authorized purposes.
1033-25 Sec. 411.097. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
1033-26 SCHOOL DISTRICT, CHARTER SCHOOL, PRIVATE SCHOOL, REGIONAL EDUCATION
1033-27 SERVICE CENTER, OR EDUCATION COOPERATIVE. (a) <In this section,
1034-1 "school district" means any public school district in this state.>
1034-2 <(b)(1)> A school district, charter school, private school,
1034-3 regional education service center, or education cooperative is
1034-4 entitled to obtain from the department criminal history record
1034-5 information maintained by the department that the district, school,
1034-6 service center, or cooperative is required or authorized to obtain
1034-7 under Section 22.081 <21.917>, Education Code, that relates to a
1034-8 person who is:
1034-9 (1) <(A)> an applicant for employment by the district,
1034-10 school, service center, or cooperative; or
1034-11 (2) <(B)> an employee of or an applicant for
1034-12 employment with a public or commercial transportation company that
1034-13 contracts with the district, school, service center, or cooperative
1034-14 to provide transportation services if the employee drives or the
1034-15 applicant will drive a bus in which students <of the district> are
1034-16 transported.
1034-17 (b) <(2)> A school district, charter school, private school,
1034-18 regional education service center, or education cooperative is
1034-19 entitled to obtain from the department, no more than twice each
1034-20 year, criminal history record information maintained by the
1034-21 department that the district, school, service center, or
1034-22 cooperative is required or authorized to obtain under Section
1034-23 22.081 <21.917>, Education Code, that relates to a person who is a
1034-24 volunteer or <current> employee of the <school> district, school,
1034-25 service center, or cooperative.
1034-26 (c) Criminal history record information obtained by a school
1034-27 district, charter school, private school, service center, or
1035-1 cooperative under Subsection (a) or (b) may not be released or
1035-2 disclosed to any person, other than the individual who is the
1035-3 subject of the information, the Texas <Central> Education Agency,
1035-4 the State Board for Educator Certification, or the chief personnel
1035-5 officer of the transportation company, if the information is
1035-6 obtained under Subsection (a)(2) <a person specified in Section
1035-7 21.917(h), Education Code>.
1035-8 SECTION 42. AMENDMENT. Section 481.026(a), Government Code,
1035-9 is amended to read as follows:
1035-10 (a) The Texas Literacy Council shall:
1035-11 (1) advise the governor, the State Job Training
1035-12 Coordinating Council, the State Board of Education, the Texas
1035-13 Higher Education Coordinating Board, and any group interested in
1035-14 literacy on policy, planning, research, and program development;
1035-15 (2) coordinate the development and maintenance of a
1035-16 literacy services delivery system;
1035-17 (3) oversee the attainment of the state's literacy
1035-18 goals;
1035-19 (4) build a partnership with the private sector in
1035-20 order to inform the objectives-setting process and to gain
1035-21 acceptance of the services of a functional literacy program;
1035-22 (5) provide state leadership to encourage and support
1035-23 local and statewide literacy efforts;
1035-24 (6) <advise the State Board of Education on needs,
1035-25 priorities, and standards of adult literacy education programs
1035-26 conducted in accordance with Section 11.18, Education Code;>
1035-27 <(7)> advocate the importance of literacy to ensure
1036-1 that all in need of assistance understand the benefits of increased
1036-2 functional literacy and to ensure that the necessary resources are
1036-3 available;
1036-4 (7) <(8)> make literacy instruction available to
1036-5 adults and out-of-school youth by ensuring that a comprehensive
1036-6 literacy instruction capacity is present in every Texas community;
1036-7 (8) <(9)> coordinate and improve local literacy
1036-8 instruction to ensure the most efficient and effective use of
1036-9 resources to meet adult education goals;
1036-10 (9) <(10)> identify state and local literacy programs
1036-11 and enter them in a directory for centralized referral and
1036-12 communication;
1036-13 (10) <(11)> continue oversight of literacy needs
1036-14 analysis;
1036-15 (11) <(12)> continue to develop an awareness campaign;
1036-16 (12) <(13)> develop a timetable and objectives for
1036-17 reaching the proposed goals and subgoals; and
1036-18 (13) <(14)> make recommendations to the governor,
1036-19 lieutenant governor, and speaker of the house of representatives or
1036-20 other state officials or organizations that it considers
1036-21 appropriate regarding the expenditure of funds and the
1036-22 administration of programs.
1036-23 SECTION 43. AMENDMENT. Section 481.379(b), Government Code,
1036-24 is amended to read as follows:
1036-25 (b) The design committee is composed of members appointed by
1036-26 the executive director as follows:
1036-27 (1) three members who are employers, representing the
1037-1 business community, including representation of small businesses;
1037-2 (2) three members who are employees, representing the
1037-3 labor community<, including representation by persons with
1037-4 experience in the Apprenticeship and Training Advisory Committee
1037-5 created under Chapter 33, Education Code>;
1037-6 (3) three members who are high school teachers,
1037-7 representing secondary education, including representation by
1037-8 persons with experience in the federal technical preparatory
1037-9 education programs created under 20 U.S.C. Section 2394b;
1037-10 (4) three members who are faculty members of
1037-11 institutions of higher education, representing higher education,
1037-12 including representation by persons with experience in the federal
1037-13 technical preparatory education programs created under 20 U.S.C.
1037-14 Section 2394b;
1037-15 (5) three members who are training directors from
1037-16 registered United States Department of Labor Bureau of
1037-17 Apprenticeship and Training programs; and
1037-18 (6) three members who are persons who are not eligible
1037-19 for appointment under Subdivisions (1) through (5), representing
1037-20 the general public.
1037-21 SECTION 44. CONFORMING AMENDMENT. Section 481.151(14),
1037-22 Government Code, is amended to read as follows:
1037-23 (14) "Provider" means a person that provides
1037-24 employment-related training. The term includes employers, employer
1037-25 associations, labor organizations, community-based organizations,
1037-26 training consultants, public and private schools, technical
1037-27 institutes, junior or community colleges, senior colleges,
1038-1 universities, and proprietary schools, as defined by Section
1038-2 132.001 <32.11>, Education Code.
1038-3 SECTION 45. AMENDMENT. Subchapter C, Chapter 552,
1038-4 Government Code, is amended by adding Section 552.124 to read as
1038-5 follows:
1038-6 Sec. 552.124. EXCEPTION: NAME OF APPLICANT FOR
1038-7 SUPERINTENDENT OF PUBLIC SCHOOL DISTRICT. The name of an applicant
1038-8 for the position of superintendent of a public school district is
1038-9 excepted from the requirements of Section 552.021, except that the
1038-10 board of trustees must give public notice of the name or names of
1038-11 the finalists being considered for the position at least 21 days
1038-12 before the date of the meeting at which a final action or vote is
1038-13 to be taken on the employment of the person.
1038-14 SECTION 46. CONFORMING AMENDMENT. Sections 825.405(a), (b),
1038-15 and (h), Government Code, are amended to read as follows:
1038-16 (a) For members entitled to the minimum salary for certain
1038-17 school personnel under Section 21.402 <16.056>, Education Code, the
1038-18 employing district shall pay the state's contribution on the
1038-19 portion of the member's salary that exceeds the statutory minimum.
1038-20 (b) For purposes of this section, the statutory minimum
1038-21 salary is the salary provided by Sections 21.402 and 21.404 <16.056
1038-22 and 16.058>, Education Code, multiplied by the cost of education
1038-23 adjustment applicable under Section 42.102 <16.102>, Education
1038-24 Code, to the district in which the member is employed.
1038-25 (h) This section does not apply to state contributions for
1038-26 members employed by a school district in a school year if the
1038-27 district's effective tax rate for maintenance and operation
1039-1 revenues for the tax year that ended in the preceding school year
1039-2 equals or exceeds 125 percent of the statewide average effective
1039-3 tax rate for school district maintenance and operation revenues for
1039-4 that tax year. For a tax year, the statewide average effective tax
1039-5 rate for school district maintenance and operation revenues is the
1039-6 tax rate that, if applied to the statewide total appraised value of
1039-7 taxable property for every school district in the state determined
1039-8 under Section 403.302 <11.86, Education Code>, would produce an
1039-9 amount equal to the statewide total amount of maintenance and
1039-10 operation taxes imposed in the tax year for every school district
1039-11 in the state.
1039-12 SECTION 47. CONFORMING AMENDMENT. Section 113.287(e),
1039-13 Natural Resources Code, is amended to read as follows:
1039-14 (e) A state agency, county, municipality, school district,
1039-15 or mass transit authority or department is eligible to receive a
1039-16 loan, grant, or other disbursement under this subchapter to carry
1039-17 out an eligible conversion or infrastructure project regarding LPG
1039-18 or another environmentally beneficial alternative fuel to comply
1039-19 with alternative fuel requirements provided by or by rules adopted
1039-20 under:
1039-21 (1) Subchapter F, Chapter 382, Health and Safety Code;
1039-22 (2) <Subchapter F,> Chapter 34 <21>, Education Code;
1039-23 (3) Sections <3.03,> 3.29<,> and 14.03, State
1039-24 Purchasing and General Services Act (Article 601b, Vernon's Texas
1039-25 Civil Statutes);
1039-26 (4) Sections 14(c)-(g), Chapter 141, Acts of the 63rd
1039-27 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
1040-1 Civil Statutes);
1040-2 (5) Sections 20(e)-(i), Chapter 683, Acts of the 66th
1040-3 Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes);
1040-4 and
1040-5 (6) Sections 6(k)-(o), Article 1118z, Revised
1040-6 Statutes.
1040-7 SECTION 48. WEAPONS AT SCHOOL ACTIVITY. Section 46.03(a),
1040-8 Penal Code, is amended to read as follows:
1040-9 (a) A person commits an offense if, with a firearm, illegal
1040-10 knife, club, or prohibited weapon listed in Section 46.05(a), he
1040-11 intentionally, knowingly, or recklessly goes:
1040-12 (1) on the physical premises of a school or <, an>
1040-13 educational institution, any grounds or building on which an
1040-14 activity sponsored by a school or educational institution is being
1040-15 conducted, or a passenger transportation vehicle of a school or
1040-16 <an> educational institution, whether the school or educational
1040-17 institution is public or private, unless pursuant to written
1040-18 regulations or written authorization of the institution;
1040-19 (2) on the premises of a polling place on the day of
1040-20 an election or while early voting is in progress;
1040-21 (3) in any government court or offices utilized by the
1040-22 court, unless pursuant to written regulations or written
1040-23 authorization of the court;
1040-24 (4) on the premises of a racetrack; or
1040-25 (5) into a secured area of an airport.
1040-26 SECTION 49. CONFORMING AMENDMENT. Section 5.10(a), Tax
1040-27 Code, is amended to read as follows:
1041-1 (a) The comptroller shall conduct an annual study in each
1041-2 appraisal district to determine the degree of uniformity of and the
1041-3 median level of appraisals by the appraisal district within each
1041-4 major category of property. The comptroller shall publish a report
1041-5 of the findings of the study, including in the report the median
1041-6 levels of appraisal for each major category of property, the
1041-7 coefficient of dispersion around the median level of appraisal for
1041-8 each major category of property, and any other standard statistical
1041-9 measures that the comptroller considers appropriate. In conducting
1041-10 the study, the comptroller shall apply appropriate standard
1041-11 statistical analysis techniques to data collected as part of the
1041-12 annual study of school district taxable values required by Section
1041-13 403.302, Government <11.86(a), Education> Code.
1041-14 SECTION 50. CONFORMING AMENDMENT. Section 5.101(a), Tax
1041-15 Code, is amended to read as follows:
1041-16 (a) The comptroller shall appoint a technical advisory
1041-17 committee for the purpose of providing professional and practical
1041-18 expertise to the comptroller and to review and comment on the
1041-19 methodology used by the comptroller to conduct the annual studies
1041-20 required by Section 5.10 of this code and by Section 403.302,
1041-21 Government <11.86, Education> Code. A member of the committee
1041-22 serves at the will of the comptroller.
1041-23 SECTION 51. CONFORMING AMENDMENT. Section 5.102(a), Tax
1041-24 Code, is amended to read as follows:
1041-25 (a) If the study required by Section 403.302, Government
1041-26 <11.86(a), Education> Code, results in a finding that an appraisal
1041-27 district is not in compliance with generally accepted appraisal
1042-1 standards and practices, the comptroller shall deliver a report
1042-2 that details the comptroller's findings and recommendations for
1042-3 improvement to the appraisal district's chief appraiser and board
1042-4 of directors.
1042-5 SECTION 52. CONFORMING AMENDMENT. (a) Section 54.021(d),
1042-6 Family Code, is amended to read as follows:
1042-7 (d) On a finding by the justice court that the child has
1042-8 engaged in truant conduct and that the conduct is of a recurrent
1042-9 nature, the court may enter an order that includes one or more of
1042-10 the following provisions requiring that:
1042-11 (1) the child attend a preparatory class for the high
1042-12 school equivalency examination provided under Section 61.084
1042-13 <11.35>, Education Code, if the court determines that the child is
1042-14 too old to do well in a formal classroom environment;
1042-15 (2) the child attend a special program that the court
1042-16 determines to be in the best interests of the child, including an
1042-17 alcohol and drug abuse program;
1042-18 (3) the child and the child's parents, managing
1042-19 conservator, or guardian attend a class for students at risk of
1042-20 dropping out of school designed for both the child and the child's
1042-21 parents, managing conservator, or guardian;
1042-22 (4) the child complete reasonable community service
1042-23 requirements;
1042-24 (5) the child's driver's license be suspended in the
1042-25 manner provided by Section 54.042 of this code;
1042-26 (6) the child attend school without unexcused
1042-27 absences; or
1043-1 (7) the child participate in a tutorial program
1043-2 provided by the school attended by the child in the academic
1043-3 subjects in which the child is enrolled for a total number of hours
1043-4 ordered by the court.
1043-5 (b) This section takes effect January 1, 1996.
1043-6 SECTION 53. CONFORMING AMENDMENT. Section 14.03(c), State
1043-7 Purchasing and General Services Act (Article 601b, Vernon's Texas
1043-8 Civil Statutes), is amended to read as follows:
1043-9 (c) The office of vehicle fleet maintenance shall have the
1043-10 authority to take all steps necessary to encourage and facilitate
1043-11 the conversion of and use of motor vehicles which are capable of
1043-12 using alternative fuels, especially compressed natural gas. The
1043-13 office of vehicle maintenance may establish centralized refueling
1043-14 stations throughout the state, may operate regional conversion and
1043-15 repair facilities, and may provide all services and support
1043-16 necessary to expedite the utilization of compressed natural gas or
1043-17 other alternative fuels by state agencies <and school districts> as
1043-18 required by Section <Sections 3.03 and> 3.29 of this Act and by
1043-19 school districts as required by Chapter 34, Education Code.
1043-20 SECTION 54. CONFORMING AMENDMENT. Section 98A(b), Public
1043-21 Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
1043-22 Statutes), is amended to read as follows:
1043-23 (b) In this section, "interactive multimedia communications"
1043-24 means real-time, two-way, interactive voice, video, and data
1043-25 communications conducted over networks that link geographically
1043-26 dispersed locations <has the meaning assigned by Section
1043-27 14.0451(a), Education Code>.
1044-1 SECTION 55. CONFORMING AMENDMENT. Section 2, Chapter 332,
1044-2 Acts of the 60th Legislature, Regular Session, 1967 (Article
1044-3 4413(29c), Vernon's Texas Civil Statutes), as amended by Chapter
1044-4 867, Acts of the 72nd Legislature, Regular Session, 1991, is
1044-5 amended to read as follows:
1044-6 Sec. 2. Certificate required for commercial driver-training
1044-7 school; exemptions. No person, firm, association, partnership, or
1044-8 corporation shall operate a commercial driver-training school
1044-9 unless a certificate of approval for the commercial driver-training
1044-10 school has been secured under <the Texas Proprietary School Act
1044-11 (>Chapter 132 <32>, Education Code<)>. This section does not apply
1044-12 to training or classes conducted by:
1044-13 (1) colleges or<,> universities<, high schools, and
1044-14 junior high schools> for students as a part of the normal program
1044-15 for such institutions; or
1044-16 (2) an organization with 50,000 or more members that
1044-17 qualifies for a tax exemption under Section 501(a), Internal
1044-18 Revenue Code of 1986 (26 U.S.C. Section 501), based on being
1044-19 listed under Section 501(c)(4), Internal Revenue Code of 1986 (26
1044-20 U.S.C. Section 501), and conducts a driving safety course for its
1044-21 members and other individuals who are at least 50 years of age that
1044-22 is not utilized for the dismissal of certain misdemeanor charges as
1044-23 provided by Section 143A, Uniform Act Regulating Traffic on
1044-24 Highways (Article 6701d, Vernon's Texas Civil Statutes).
1044-25 SECTION 56. CONFORMING AMENDMENT. Section 2.06(b),
1044-26 Workforce and Economic Competitiveness Act (Article 5190.7a,
1044-27 Vernon's Texas Civil Statutes), is amended to read as follows:
1045-1 (b) The council shall assume the duty to:
1045-2 (1) develop, with the assistance of the appropriate
1045-3 state agencies, and recommend to the governor state plans required
1045-4 by applicable federal laws in order for the state to receive
1045-5 federal funds;
1045-6 (2) make policy recommendations to the governor
1045-7 regarding goals and priorities for both formula and discretionary
1045-8 funds for all applicable programs;
1045-9 (3) participate directly in the development of the
1045-10 state <master> plan for vocational education, as required by law,
1045-11 and recommend the plan to the State Board of Education, the Texas
1045-12 Higher Education Coordinating Board, and the governor;
1045-13 (4) ensure that general revenue funds previously
1045-14 available to the Texas Literacy Council are used to support the
1045-15 efforts of local literacy councils in a manner consistent with the
1045-16 state strategic plan;
1045-17 (5) recommend to the State Board for Career and
1045-18 Technical <of Vocational> Education the division of federal funds
1045-19 between secondary and postsecondary educational agencies under the
1045-20 Carl D. Perkins Vocational and Applied Technology Education Act (20
1045-21 U.S.C. Section 2301 et seq.); and
1045-22 (6) make recommendations to the Texas Employment
1045-23 Commission regarding unemployment insurance issues pertinent to
1045-24 the responsibilities of the council.
1045-25 SECTION 57. CONFORMING AMENDMENT. Section 4.05(a),
1045-26 Workforce and Economic Competitiveness Act (Article 5190.7a,
1045-27 Vernon's Texas Civil Statutes), is amended to read as follows:
1046-1 (a) A local workforce development board shall develop a
1046-2 single plan for the delivery of all workforce training and services
1046-3 in the board's service area under the following programs:
1046-4 (1) the Texas Job-Training Partnership Act, Chapter
1046-5 301, Labor Code <(Article 4413(52), Vernon's Texas Civil
1046-6 Statutes)>;
1046-7 (2) postsecondary vocational and technical job
1046-8 training programs that are not part of approved courses or programs
1046-9 that lead to licensing, certification, or an associate degree under
1046-10 Chapters 61, 108, 130, and 135, and Subchapter E, Chapter 88,
1046-11 Education Code;
1046-12 (3) <adult education programs under Section 11.18,
1046-13 Education Code;>
1046-14 <(4)> apprenticeship programs under Chapter 133 <33>,
1046-15 Education Code;
1046-16 (4) <(5)> the trade adjustment assistance program
1046-17 under Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section
1046-18 2271 et seq.);
1046-19 (5) <(6)> the senior citizens employment program under
1046-20 Chapter 101, Human Resources Code;
1046-21 (6) <(7)> the Texas Unemployment Compensation Act,
1046-22 Subtitle A, Title 4, Labor Code <(Article 5221b-1 et seq., Vernon's
1046-23 Texas Civil Statutes)>;
1046-24 (7) <(8)> literacy funds available to the state under
1046-25 the National Literacy Act of 1991 (Pub. L. 102-73 et seq.);
1046-26 (8) <(9)> the National and Community Service Act of
1046-27 1990 (42 U.S.C. Section 12501 et seq.);
1047-1 (9) <(10)> the job opportunities and basic skills
1047-2 program under Part F, Subchapter IV, Social Security Act (42 U.S.C.
1047-3 Section 682); and
1047-4 (10) <(11)> the food stamp employment and training
1047-5 program authorized under 7 U.S.C. Section 2015(d).
1047-6 SECTION 58. CONFORMING AMENDMENT. Section 5(a), Chapter
1047-7 173, Acts of the 47th Legislature, Regular Session, 1941 (Article
1047-8 6687b, Vernon's Texas Civil Statutes), is amended to read as
1047-9 follows:
1047-10 (a) No person who is under the age of eighteen (18) years
1047-11 shall drive any motor vehicle while in use as a school bus for the
1047-12 transportation of pupils to or from school. A person who is
1047-13 eighteen (18) years of age or older may not operate a vehicle as a
1047-14 school bus until he has been properly licensed to operate a school
1047-15 bus. It shall be unlawful for any person to be employed to drive a
1047-16 motor vehicle while in use as a school bus for the transportation
1047-17 of pupils who has not undergone a physical examination which
1047-18 reveals his physical and mental capabilities to safely operate a
1047-19 school bus. Such physical examinations shall be conducted annually
1047-20 for each driver. A pre-employment driver's license check shall
1047-21 have been made with the <Texas> Department of Public Safety prior
1047-22 to the employment and the person's driving record must be
1047-23 acceptable according to standards developed <jointly> by the <State
1047-24 Board of Education and the Texas> Department of Public Safety.
1047-25 Effective at such date and under provisions as may be determined by
1047-26 the Department of Public Safety <State Board of Education>, the
1047-27 driver of a school bus shall have in his possession a certificate
1048-1 stating he is enrolled in, or has completed, a driver training
1048-2 course in school bus safety education that has been approved
1048-3 <jointly> by the <State Board of Education and the Texas>
1048-4 Department of Public Safety. The bus driving certificate shall
1048-5 remain valid for a period of three years. This subsection does not
1048-6 affect the right of any otherwise qualified person with a hearing
1048-7 disability to be licensed, certified, and employed as a bus driver
1048-8 for vehicles used to transport hearing impaired students or
1048-9 persons. This subsection does not apply to the operation of a
1048-10 vehicle owned by a public institution of higher education to
1048-11 transport students of a school district that operates within that
1048-12 institution if:
1048-13 (1) the person operating the vehicle is approved by
1048-14 the institution to operate the vehicle; and
1048-15 (2) the transportation is for a field trip or other
1048-16 special event.
1048-17 SECTION 59. CONFORMING AMENDMENT. Section 105(a), Uniform
1048-18 Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas
1048-19 Civil Statutes), is amended to read as follows:
1048-20 (a) The State Board of Education <Texas Education Agency>
1048-21 and the General Services Commission, <State Board of Control, by
1048-22 and> with the advice of the <Director of the> Department of Public
1048-23 Safety, shall have joint and complete responsibility to adopt and
1048-24 enforce regulations governing the design, color, lighting and other
1048-25 equipment, construction, and operation of all school buses for the
1048-26 transportation of school children when owned and operated by any
1048-27 school district or privately owned and operated under contract with
1049-1 any school district in this State and such regulations shall by
1049-2 reference be made a part of any such contract with a school
1049-3 district. <The State Board of Control shall coordinate and
1049-4 correlate all specification data, finalize and issue the
1049-5 specifications so adopted as provided for by Section 10, Chapter
1049-6 304, Acts of the Fifty-fifth Legislature, 1957 (codified as Article
1049-7 664-3, Vernon's Texas Civil Statutes).> In the promulgation of
1049-8 such regulations, emphasis shall be placed on safety features and
1049-9 long-range, maintenance-free factors<; provided, however, all
1049-10 school buses shall be purchased on competitive bids as provided by
1049-11 Article 634(B), Vernon's Texas Civil Statutes>. Every school
1049-12 district, its officers and employees, and every person employed
1049-13 under contract by a school district shall be subject to said
1049-14 regulations. <The State Board of Control shall purchase equipment
1049-15 to conform to these standards (as prescribed by the above-mentioned
1049-16 body).>
1049-17 SECTION 60. REPEAL. (a) The following provisions of the
1049-18 Education Code, as those provisions existed on January 1, 1995, are
1049-19 repealed:
1049-20 (1) Chapters 22, 24, 25, 26, 27, 28, and 31;
1049-21 (2) Subchapter B, Chapter 34;
1049-22 (3) Sections 16.003(c), 16.051, 16.053, 16.055,
1049-23 16.056, 16.058, 16.152(e), 16.156(h), 16.201; and
1049-24 (4) Section 16.152(m), as added by Chapter 907, Acts
1049-25 of the 73rd Legislature, Regular Session, 1993.
1049-26 (b) The identification of a provision listed in Subsection
1049-27 (a) of this section by the same number in an earlier section of
1050-1 this Act does not revive or continue in effect the substance of the
1050-2 repealed provision.
1050-3 (c) Section 411.0975, Government Code, is repealed.
1050-4 (d) Section 3.03, State Purchasing and General Services Act
1050-5 (Article 601b, Vernon's Texas Civil Statutes), is repealed.
1050-6 (e) Sections 4(b) and (c), Chapter 559, Acts of the 73rd
1050-7 Legislature, Regular Session, 1993, are repealed.
1050-8 (f) Sections 8.33 and 8.35, Chapter 347, Acts of the 73rd
1050-9 Legislature, Regular Session, 1993, are repealed.
1050-10 SECTION 61. SAVINGS PROVISION RELATING TO APPEALS TO
1050-11 COMMISSIONER OF EDUCATION. Section 11.13, Education Code, as
1050-12 redesignated as Section 7.105, Education Code, and amended by this
1050-13 Act, applies to an action taken or decision made by the board of
1050-14 trustees of a school district on or after the effective date of
1050-15 this Act. The appeal of an action taken or decision made by a
1050-16 board of trustees before the effective date of this Act is governed
1050-17 by Section 11.13, Education Code, as that section existed before
1050-18 amendment by this Act, and that section is continued in effect for
1050-19 that purpose.
1050-20 SECTION 62. SAVINGS PROVISION RELATING TO STATE BOARD OF
1050-21 EDUCATION DISTRICTS. The deletion of Sections 11.2101(b)-(t),
1050-22 Education Code, by this Act, is not considered a reapportionment
1050-23 for any purpose, including for purposes of Section 7.053(a),
1050-24 Education Code, as added by this Act. It is the intention of the
1050-25 legislature that members of the State Board of Education continue
1050-26 to be elected from districts as those districts existed under
1050-27 Sections 11.2101(b)-(t), Education Code, immediately before
1051-1 deletion by this Act.
1051-2 SECTION 63. TRANSITION PROVISION RELATING TO CENTRAL
1051-3 EDUCATION AGENCY ADVISORY COMMISSIONS. (a) The repeal by this Act
1051-4 of Subchapter H, Chapter 11, Education Code, does not affect the
1051-5 existence of or the validity of an action taken before the
1051-6 effective date of this Act by an advisory committee appointed under
1051-7 that subchapter.
1051-8 (b) Beginning on the effective date of this Act, the
1051-9 operation, including the duration, of an advisory committee
1051-10 appointed under Subchapter H, Chapter 11, Education Code, is
1051-11 governed by Section 7.107, Education Code, as added by this Act.
1051-12 SECTION 64. ISSUANCE OF SCHOOL CHARTERS. (a) Not later
1051-13 than the beginning of the 1996-1997 school year, the State Board of
1051-14 Education shall:
1051-15 (1) grant to each independent school district in this
1051-16 state and to each school district under Section 11.101(c),
1051-17 Education Code, as added by this Act, a general-law state charter
1051-18 as provided by Subchapter B, Chapter 11, Education Code, as added
1051-19 by this Act; and
1051-20 (2) grant to each school or school district eligible
1051-21 for a special-purpose school district charter, as provided by
1051-22 Subchapter D, Chapter 11, Education Code, as added by this Act, the
1051-23 appropriate special-purpose school district charter.
1051-24 (b) Not later than April 1, 1996, the State Board of
1051-25 Education shall adopt any rules and procedures necessary to
1051-26 implement Chapter 11, Education Code, as added by this Act.
1051-27 (c) Chapters 22, 24, 25, 26, 27, and 28, Education Code, are
1052-1 repealed. This subsection takes effect September 1, 1996.
1052-2 SECTION 65. CONTINGENT EFFECT OF SUBCHAPTER B, CHAPTER 12,
1052-3 EDUCATION CODE. Subchapter B, Chapter 12, Education Code, as added
1052-4 by this Act, takes effect January 1, 1996, but only if the
1052-5 constitutional amendment providing for the recall of school
1052-6 trustees proposed by the 74th Legislature, Regular Session, 1995,
1052-7 is approved by the voters. If the proposed constitutional
1052-8 amendment is not approved by the voters, that subchapter has no
1052-9 effect.
1052-10 SECTION 66. APPLICABILITY OF SECTION 12.181(d), EDUCATION
1052-11 CODE. Section 12.181(d), Education Code, as added by this Act,
1052-12 applies only to a contract entered into on or after September 1,
1052-13 1995.
1052-14 SECTION 67. IMPLEMENTATION OF STATE BOARD FOR EDUCATOR
1052-15 CERTIFICATION. (a) The State Board for Educator Certification is
1052-16 created on the effective date of this Act.
1052-17 (b) The governor shall make the initial appointments to the
1052-18 State Board for Educator Certification not later than November 1,
1052-19 1995.
1052-20 (c) In making the initial appointments to the State Board
1052-21 for Educator Certification, the governor shall designate four
1052-22 members for terms expiring in 1997, four members for terms expiring
1052-23 in 1999, and four members for terms expiring in 2001.
1052-24 (d) The State Board for Educator Certification shall issue
1052-25 to each person who holds a teacher's or administrator's certificate
1052-26 under Subchapter B, Chapter 13, Education Code, as that law existed
1052-27 on January 1, 1995, the appropriate certificate under Subchapter B,
1053-1 Chapter 21, Education Code, as added by this Act, without requiring
1053-2 the person to pay a fee or meet any additional requirements.
1053-3 (e) A person who holds a teacher's or administrator's
1053-4 certificate under Subchapter B, Chapter 13, Education Code, as it
1053-5 existed on January 1, 1995, may continue to practice under that
1053-6 certificate until the person is issued a certificate by the State
1053-7 Board for Educator Certification as provided by Subsection (d) of
1053-8 this section. Subchapter B, Chapter 13, Education Code, as it
1053-9 existed on January 1, 1995, is continued in effect for that
1053-10 purpose.
1053-11 (f) The code of ethics and standard practices adopted under
1053-12 Section 13.210, Education Code, as that section existed before
1053-13 repeal by this Act, by the Teachers' Professional Practices
1053-14 Commission, or by an advisory committee to the Central Education
1053-15 Agency under Subchapter H, Chapter 11, Education Code, as that
1053-16 subchapter existed before repeal by this Act, remains in effect
1053-17 until the effective date of a code of ethics adopted by the State
1053-18 Board for Educator Certification under Section 21.040, Education
1053-19 Code, as added by this Act. A complaint regarding a violation of a
1053-20 provision of the code of ethics and standard practices in effect on
1053-21 August 31, 1995, as to conduct occurring while that code is in
1053-22 effect, shall be treated as a complaint regarding a violation of
1053-23 the code of ethics adopted under Section 21.040, Education Code, as
1053-24 added by this Act.
1053-25 SECTION 68. TRANSITION REGARDING TEACHER'S HEARINGS.
1053-26 (a) The State Board of Education shall adopt rules for the
1053-27 certification of hearing examiners under Section 21.302, Education
1054-1 Code, as added by this Act, not later than November 1, 1995.
1054-2 (b) Subchapter J, Chapter 21, Education Code, as added by
1054-3 this Act, applies only to a termination or suspension of a teacher
1054-4 under Subchapter F or G, Chapter 21, Education Code, as added by
1054-5 this Act, or to a nonrenewal of a teacher's term contract under
1054-6 Subchapter H, Chapter 21, Education Code, as added by this Act,
1054-7 that is initiated on or after January 1, 1996. A termination or
1054-8 suspension of a teacher under Subchapter F or G, Chapter 21,
1054-9 Education Code, as added by this Act, or under Subchapter C,
1054-10 Chapter 13, Education Code, as that law existed on January 1, 1995,
1054-11 that is initiated before January 1, 1996, is governed by Subchapter
1054-12 C, Chapter 13, Education Code, as that law existed on January 1,
1054-13 1995, and that law is continued in effect for that purpose. A
1054-14 nonrenewal of a teacher's term contract under Subchapter H, Chapter
1054-15 21, Education Code, as added by this Act, or under Subchapter G,
1054-16 Chapter 21, Education Code, as that law existed on January 1, 1995,
1054-17 that is initiated before January 1, 1996, is governed by Subchapter
1054-18 G, Chapter 21, Education Code, as that law existed on January 1,
1054-19 1995, and that law is continued in effect for that purpose.
1054-20 SECTION 69. EXISTING CONTRACTS OF CERTAIN SCHOOL EMPLOYEES.
1054-21 A person who is employed on September 1, 1995, under a continuing
1054-22 contract under Subchapter C, Chapter 13, Education Code, or under a
1054-23 term contract under Subchapter G, Chapter 21, Education Code, as
1054-24 those chapters existed on January 1, 1995, and who is not a teacher
1054-25 as defined by Section 21.151, Education Code, as added by this Act,
1054-26 may continue to be employed under the contract until it expires or
1054-27 is terminated, but does not have a right to or property interest in
1055-1 renewal of the contract.
1055-2 SECTION 70. TRANSITION PROVISION RELATING TO SPECIAL
1055-3 EDUCATION ADVISORY COMMITTEE. Members appointed to the special
1055-4 education continuing advisory committee under Section 29.006,
1055-5 Education Code, as added by this Act, in 1995 shall draw lots for
1055-6 nine four-year terms and eight two-year terms. Thereafter, all
1055-7 members shall be appointed for four-year terms.
1055-8 SECTION 71. IMPLEMENTATION OF PUBLIC EDUCATION SCHOLARSHIP
1055-9 PROGRAM. The State Board of Education and the commissioner of
1055-10 education shall implement the public education scholarship program
1055-11 provided for under Subchapter G, Chapter 29, Education Code, as
1055-12 added by this Act, beginning with the 1995-1996 school year.
1055-13 SECTION 72. TRANSITION PROVISION RELATING TO TEXTBOOKS. (a)
1055-14 The changes by this Act to Chapter 12, Education Code, redesignated
1055-15 as Chapter 31, Education Code, by this Act do not affect the terms
1055-16 or validity of any contract entered into by the State Board of
1055-17 Education in accordance with that chapter as that chapter existed
1055-18 at the time the contract was entered into, and that law is
1055-19 continued in effect for that purpose.
1055-20 (b) Until the expiration of a contract entered into by the
1055-21 State Board of Education under Chapter 12, Education Code, as that
1055-22 chapter existed before amendment and redesignation by this Act, the
1055-23 State Board of Education shall continue to purchase textbooks under
1055-24 the contract as needed, and each school district shall continue to
1055-25 use those textbooks purchased for the district.
1055-26 (c) If the State Board of Education determines that failure
1055-27 to proceed with the adoption of certain textbooks whose adoption is
1056-1 in progress on the effective date of this Act would result in
1056-2 significant costs to a textbook publisher or manufacturer that has
1056-3 made expenditures in reliance on the proclamation issued for that
1056-4 adoption, the board shall proceed with that adoption, and Chapter
1056-5 12, Education Code, as that chapter existed before amendment and
1056-6 redesignation by this Act, is continued in effect for that purpose.
1056-7 The textbook allotment provided to a school district or
1056-8 state-granted charter school under Section 31.012, Education Code,
1056-9 as designated and amended by this Act, shall be reduced to the
1056-10 extent that the state purchases textbooks for that school year
1056-11 under this subsection. A contract for the purchase of textbooks
1056-12 under this subsection shall be for the shortest period possible
1056-13 considering:
1056-14 (1) financial implications;
1056-15 (2) efficiency;
1056-16 (3) the goal of providing public school students with
1056-17 current textbooks free of charge to the students; and
1056-18 (4) the goal of transferring authority for the
1056-19 selection and purchase of textbooks to school districts and
1056-20 state-granted charter schools as early as practicable.
1056-21 (d) The State Board of Education shall adopt a procedure for
1056-22 implementing the shortest practicable transition period between
1056-23 state and local purchase of textbooks that ensures that for each
1056-24 school year during the transition, textbooks are:
1056-25 (1) provided free of charge to students and paid for
1056-26 out of the state textbook fund; and
1056-27 (2) selected and purchased in a manner that provides
1057-1 current textbooks that thoroughly address the curriculum under
1057-2 Section 28.001, Education Code, as designated and amended by this
1057-3 Act, of the courses and grade levels offered in the public schools
1057-4 of this state.
1057-5 SECTION 73. TRANSITION PROVISION RELATING TO PROPRIETARY
1057-6 SCHOOLS. (a) The Texas Education Agency and the commissioner of
1057-7 higher education shall enter into an interagency contract for the
1057-8 transfer of the regulation of proprietary schools from the Texas
1057-9 Education Agency to the Texas Higher Education Coordinating Board.
1057-10 The transfer shall take effect on the date specified in the
1057-11 contract, but not later than February 1, 1996. On the effective
1057-12 date of the transfer:
1057-13 (1) all powers, duties, rights, and obligations of the
1057-14 Texas Education Agency relating to the regulation of proprietary
1057-15 schools are transferred to the Texas Higher Education Coordinating
1057-16 Board;
1057-17 (2) all assets, liabilities, equipment, data,
1057-18 documents, facilities, and other items of the Texas Education
1057-19 Agency relating to the regulation of proprietary schools are
1057-20 transferred to the Texas Higher Education Coordinating Board; and
1057-21 (3) any appropriation to the Texas Education Agency
1057-22 relating to the regulation of proprietary schools is transferred to
1057-23 the Texas Higher Education Coordinating Board.
1057-24 (b) The commissioner of higher education shall publish the
1057-25 contract in the Texas Register.
1057-26 (c) The officers and employees of the Texas Education Agency
1057-27 shall cooperate fully with the reorganization.
1058-1 (d) Until the effective date of the transfer under
1058-2 Subsection (a) of this section, a reference in Chapter 132,
1058-3 Education Code, as added by this Act, to the commissioner of higher
1058-4 education is considered to be a reference to the commissioner of
1058-5 education, and a reference to the Texas Higher Education
1058-6 Coordinating Board is considered to be a reference to the Texas
1058-7 Education Agency.
1058-8 (e) This section does not affect the validity of:
1058-9 (1) any action taken by the Central Education Agency
1058-10 or the Texas Education Agency under Chapter 32, Education Code,
1058-11 before the effective date of the transfer described in Subsection
1058-12 (a) of this section; or
1058-13 (2) a civil or administrative proceeding completed
1058-14 before the effective date of the transfer.
1058-15 (f) This section does not affect the validity of a civil or
1058-16 administrative proceeding, including certification or rulemaking,
1058-17 in progress on the effective date of the transfer described in
1058-18 Subsection (a) of this section. A civil or administrative
1058-19 proceeding that is in progress on the effective date of the
1058-20 transfer described in Subsection (a) of this section continues as
1058-21 if it had been initiated by the Texas Higher Education Coordinating
1058-22 Board under the law in effect on that date.
1058-23 (g) All forms, rules, and procedures adopted by the Central
1058-24 Education Agency or the Texas Education Agency for the
1058-25 administration or enforcement of Chapter 32, Education Code, and in
1058-26 effect on the effective date of the transfer described in
1058-27 Subsection (a) of this section remain in effect on and after that
1059-1 date as if adopted by the Texas Higher Education Coordinating Board
1059-2 until amended, repealed, withdrawn, or otherwise superseded by the
1059-3 Texas Higher Education Coordinating Board. A certificate of
1059-4 approval issued under Chapter 32, Education Code, and in effect on
1059-5 the effective date of the transfer described in Subsection (a) of
1059-6 this section remains in effect on and after that date as if adopted
1059-7 by the Texas Higher Education Coordinating Board until the
1059-8 certificate expires or is revoked or surrendered.
1059-9 (h) The change in law made by the amendment to Section
1059-10 32.611, Education Code, as transferred to Section 132.152,
1059-11 Education Code, by this Act, applies to any proceeding to recover
1059-12 an administrative penalty under that section as to which a petition
1059-13 for judicial review is filed on or after the effective date of this
1059-14 Act. A proceeding to recover an administrative penalty under
1059-15 Section 32.611, Education Code, as that section existed before
1059-16 amendment by this Act, as to which a petition for judicial review
1059-17 is filed before the effective date of this Act is governed by
1059-18 Section 32.611, Education Code, as that section existed before
1059-19 amendment by this Act, and that law is continued in effect for this
1059-20 purpose.
1059-21 SECTION 74. TRANSITION PROVISION RELATING TO APPRENTICESHIP
1059-22 TRAINING PROGRAMS. (a) The Texas Education Agency and the
1059-23 commissioner of higher education shall enter into an interagency
1059-24 contract for the transfer of the regulation of apprenticeship
1059-25 training programs from the Texas Education Agency to the Texas
1059-26 Higher Education Coordinating Board. The transfer shall take
1059-27 effect on the date specified in the contract, but not later than
1060-1 February 1, 1996. On the effective date of the transfer:
1060-2 (1) all powers, duties, rights, and obligations of the
1060-3 Texas Education Agency and the State Board for Career and Technical
1060-4 Education relating to the regulation of apprenticeship training
1060-5 programs are transferred to the Texas Higher Education Coordinating
1060-6 Board;
1060-7 (2) all assets, liabilities, equipment, data,
1060-8 documents, facilities, and other items of the Texas Education
1060-9 Agency and the State Board for Career and Technical Education
1060-10 relating to the regulation of apprenticeship training programs are
1060-11 transferred to the Texas Higher Education Coordinating Board; and
1060-12 (3) any appropriation to the Texas Education Agency
1060-13 for the purpose of regulating apprenticeship training programs is
1060-14 transferred to the Texas Higher Education Coordinating Board.
1060-15 (b) The commissioner of higher education shall publish the
1060-16 contract in the Texas Register.
1060-17 (c) The officers and employees of the Texas Education Agency
1060-18 shall cooperate fully with the reorganization.
1060-19 (d) Until the effective date of a transfer under Subsection
1060-20 (a) of this section, a reference in Chapter 133, Education Code, as
1060-21 added by this Act, to the commissioner of higher education is
1060-22 considered to be a reference to the commissioner of education, and
1060-23 a reference to the Texas Higher Education Coordinating Board is
1060-24 considered to be a reference to the Texas Education Agency or the
1060-25 State Board for Career and Technical Education, as appropriate.
1060-26 (e) This section does not affect the validity of:
1060-27 (1) any action taken by the Central Education Agency,
1061-1 the Texas Education Agency, the State Board of Vocational
1061-2 Education, or the State Board for Career and Technical Education
1061-3 under Chapter 33, Education Code, before the effective date of the
1061-4 transfer described in Subsection (a) of this section; or
1061-5 (2) a civil or administrative proceeding completed
1061-6 before the effective date of the transfer.
1061-7 (f) This section does not affect the validity of a civil or
1061-8 administrative proceeding, including program approval or
1061-9 rulemaking, in progress on the effective date of the transfer
1061-10 described in Subsection (a) of this section. A civil or
1061-11 administrative proceeding that is in progress on the effective date
1061-12 of the transfer described in Subsection (a) of this section
1061-13 continues as if it had been initiated by the Texas Higher Education
1061-14 Coordinating Board under the law in effect on that date.
1061-15 (g) All forms, rules, and procedures adopted by the Central
1061-16 Education Agency, the Texas Education Agency, the State Board of
1061-17 Vocational Education, or the State Board for Career and Technical
1061-18 Education for the administration and enforcement of Chapter 33,
1061-19 Education Code, and in effect on the effective date of the transfer
1061-20 described in Subsection (a) of this section remain in effect on and
1061-21 after that date as if adopted by the Texas Higher Education
1061-22 Coordinating Board until amended, repealed, withdrawn, or otherwise
1061-23 superseded by the Texas Higher Education Coordinating Board. An
1061-24 approval of an apprenticeship training program issued under Chapter
1061-25 33, Education Code, and in effect on the effective date of the
1061-26 transfer described in Subsection (a) of this section remains in
1061-27 effect on and after that date as if adopted by the Texas Higher
1062-1 Education Coordinating Board until the approval expires or is
1062-2 revoked or surrendered.
1062-3 SECTION 75. TRANSITION AND SAVINGS PROVISION RELATING TO
1062-4 OFFENSES. (a) The change in law made by this Act applies only to
1062-5 an offense committed on or after the effective date of this Act.
1062-6 For the purposes of this section, an offense is committed before
1062-7 the effective date of this Act if any element of the offense occurs
1062-8 before the effective date.
1062-9 (b) An offense committed before the effective date of this
1062-10 Act is covered by the law in effect when the offense was committed,
1062-11 and the former law is continued in effect for this purpose.
1062-12 SECTION 76. REFERENCES TO CENTRAL EDUCATION AGENCY. A
1062-13 reference in law to the Central Education Agency means the Texas
1062-14 Education Agency.
1062-15 SECTION 77. EFFECT OF CODE ON CONFLICTING ACTS OF 74TH
1062-16 LEGISLATURE, REGULAR SESSION. This Act prevails over any
1062-17 conflicting Act of the 74th Legislature, Regular Session, 1995,
1062-18 that amends or repeals a provision of Title 1 or 2, Education Code,
1062-19 regardless of the relative dates of enactment, unless the other
1062-20 conflicting Act expressly provides otherwise.
1062-21 SECTION 78. EFFECTIVE DATE. Except as otherwise provided by
1062-22 this Act, this Act takes effect immediately.
1062-23 SECTION 79. EMERGENCY. The importance of this legislation
1062-24 and the crowded condition of the calendars in both houses create an
1062-25 emergency and an imperative public necessity that the
1062-26 constitutional rule requiring bills to be read on three several
1062-27 days in each house be suspended, and this rule is hereby suspended,
1063-1 and that this Act take effect and be in force according to its
1063-2 terms, and it is so enacted.