By: Ratliff S.R. No. 1258
1-10 On all regular school days, every school and other educational
1-11 institution to which this code applies shall fly the United States
1-12 and Texas flags.
1-13 Explanation: This change is necessary to require schools and
1-14 educational institutions to fly the United States flag.
1-15 (2) Subdivision (1), Senate Rule 12.03, is suspended to
1-16 permit the committee to delete "vocational" and substitute "career
1-17 and technology" in Subdivision (2), Section 5.001, Education Code.
1-18 Explanation: The language is changed to conform with
1-19 terminology used in federal law.
1-20 (3) Subdivision (1), Senate Rule 12.03, is suspended to
1-21 permit the committee to amend Paragraph (A), Subdivision (3),
1-22 Subsection (e), Section 7.056, Education Code (Subdivision (1),
1-23 Subsection (e), Section 7.104, Education Code, in engrossed
1-24 version), to read as follows:
1-25 (e) Except as provided by Subsection (f), a school campus or
2-10 Education's duties relating to curriculum requirements under
2-11 Subchapter A, Chapter 28.
2-12 (4) Subdivision (1), Senate Rule 12.03, is suspended to
2-13 permit the committee to amend Paragraph (B), Subdivision (3),
2-14 Subsection (e), Section 7.056, Education Code (Subdivision (2),
2-15 Subsection (e), Section 7.104, Education Code, in engrossed
2-16 version), to read as follows:
2-17 (e) Except as provided by Subsection (f), a school campus or
2-18 district may not receive an exemption or waiver under this section
2-19 from:
2-20 . . .
2-21 (3) a requirement, restriction, or prohibition
2-22 relating to:
2-23 . . .
2-24 (B) public school accountability as provided by
2-25 Subchapters B, C, D, and G, Chapter 39;
2-26 Explanation: This change is necessary to conform to changes
3-10 bidding but also to purchasing by other means.
3-11 (6) Subdivision (1), Senate Rule 12.03, is suspended to
3-12 permit the committee to amend Paragraph (A), Subdivision (3),
3-13 Subsection (f), Section 7.056, Education Code (Subdivision (2),
3-14 Subsection (f), Section 7.104, Education Code, in engrossed
3-15 version), to read as follows:
3-16 (f) A school district or campus that is required to develop
3-17 and implement a student achievement improvement plan under Section
3-18 39.131 may receive an exemption or waiver under this section from
3-19 any law or rule other than:
3-20 . . .
3-21 (3) a requirement, restriction, or prohibition imposed
3-22 by state law or rule relating to:
3-23 (A) public school accountability as provided by
3-24 Subchapters B, C, D, and G, Chapter 39; or . . . .
3-25 Explanation: This change is necessary to conform to changes
3-26 made to Chapter 39, relating to the applicability of that chapter
4-10 . . .
4-11 (4) textbook selection under Chapter 31.
4-12 Explanation: This change is necessary to prohibit a school
4-13 district or campus that is required to develop and implement a
4-14 student achievement improvement plan from receiving an exemption or
4-15 waiver from requirements regarding textbook selection.
4-16 (8) Subdivision (3), Senate Rule 12.03, is suspended to
4-17 permit the committee to add text in Subsection (b), Section 7.057,
4-18 Education Code (Subsection (b), Section 7.105, Education Code, in
4-19 engrossed version), to read as follows:
4-20 (b) Except as provided by Subsection (c), the commissioner,
4-21 after due notice to the parties interested, shall hold a hearing
4-22 and issue a decision without cost to the parties involved. In
4-23 conducting a hearing under this subsection, the commissioner has
4-24 the same authority relating to discovery and conduct of a hearing
4-25 as an independent hearing examiner has under Subchapter F, Chapter
4-26 21. This section does not deprive any party of any legal remedy.
5-10 the member's expenses as provided by law.
5-11 Explanation: This change is necessary because the reference
5-12 to reimbursement of expenses as provided by law includes the
5-13 specific instances in which reimbursement is permitted as provided
5-14 by the senate and house versions of the bill.
5-15 (10) Subdivision (1), Senate Rule 12.03, is suspended to
5-16 permit the committee to strike references in Section 7.109,
5-17 Education Code (Section 7.061, Education Code, in engrossed
5-18 version), to the "State Board for Career and Technical Education"
5-19 and substitute references to the "State Board for Career and
5-20 Technology Education."
5-21 Explanation: This change is necessary to conform to language
5-22 used in federal law.
5-23 (11) Subdivision (4), Senate Rule 12.03, is suspended to
5-24 permit the committee to add text to Subsection (c), Section 11.051,
5-25 Education Code, to read as follows:
5-26 A board of trustees that votes to increase its membership must
6-10 11.108, Education Code, in house special printing), to read as
6-11 follows:
6-12 (13) a fee for a course offered during summer school,
6-13 except that the board may charge a fee for a course required for
6-14 graduation only if the course is offered without a fee during the
6-15 regular school year.
6-16 Explanation: This change is necessary to allow the board of
6-17 trustees of an independent school district to continue to charge a
6-18 fee for certain summer school courses. Under current law boards
6-19 may charge the fee based on a rule adopted by the State Board of
6-20 Education under Subsection (c), Section 20.53, Education Code,
6-21 which conveys broad authority for rules regarding fees. Current
6-22 Subsection (c), Section 20.53, is omitted from S.B. No. 1. As a
6-23 result, specific authority for the particular fee is necessary.
6-24 (13) Subdivision (1), Senate Rule 12.03, is suspended to
6-25 permit the committee to delete "vocational-technical" and
6-26 substitute "career and technology" in Subsection (g), Section
7-10 printing), to read as follows:
7-11 (a) The State Board of Education shall provide a training
7-12 course for independent school district trustees to be offered by
7-13 the regional education service centers. Registration for a course
7-14 must be open to any interested person, including current and
7-15 prospective board members, and the state board may prescribe a
7-16 registration fee designed to offset the costs of providing that
7-17 course.
7-18 Explanation: This change is necessary to authorize regional
7-19 education service centers to be the sole provider of training
7-20 courses designed by the State Board of Education for members of
7-21 boards of trustees.
7-22 (15) Subdivision (4), Senate Rule 12.03, is suspended to
7-23 permit the committee to add Section 12.003, Education Code, to read
7-24 as follows:
7-25 Sec. 12.003. AUTHORITY OF BOARD OF TRUSTEES TO GRANT OTHER
7-26 CHARTERS. This chapter does not limit the authority of the board
8-10 version; Section 12.011, Education Code, in house special
8-11 printing), to read as follows:
8-12 (b) The adoption of a home-rule school district charter by a
8-13 school district does not affect:
8-14 (1) the district's boundaries; or
8-15 (2) taxes or bonds of the district authorized before
8-16 the effective date of the charter.
8-17 Explanation: This change is necessary to preclude legal
8-18 questions as to a school district's boundaries or its ability to
8-19 levy a tax or sell bonds that were approved before the district
8-20 adopted a home-rule charter.
8-21 (17) Subdivision (3), Senate Rule 12.03, is suspended to
8-22 permit the committee to add Subsection (a) to Section 12.013,
8-23 Education Code (Section 11.053, Education Code, in engrossed
8-24 version; Section 12.013, Education Code, in house special
8-25 printing), to read as follows:
8-26 (a) A home-rule school district has the powers and
9-10 printing), to read as follows:
9-11 The membership of the charter commission must reflect the
9-12 racial, ethnic, socioeconomic, and geographic diversity of the
9-13 district.
9-14 Explanation: This change is necessary to ensure that a
9-15 home-rule charter commission reflects the racial, ethnic,
9-16 socioeconomic, and geographic diversity of the school district.
9-17 (19) Subdivision (2), Senate Rule 12.03, is suspended to
9-18 permit the committee to omit Subdivision (2) of Section 11.056,
9-19 Education Code (engrossed version), and Subdivision (2) of Section
9-20 12.016, Education Code (house special printing), which reads as
9-21 follows:
9-22 (2) specify the district requirements on elementary
9-23 school class-size limits;
9-24 Explanation: This change is necessary to conform to changes
9-25 made to Subsection (b), Section 12.013, which provide that a
9-26 home-rule school district is subject to elementary school
10-10 Explanation: This change is necessary to require a charter
10-11 commission to submit a proposed home-rule charter to the secretary
10-12 of state so that the secretary may review the charter and if
10-13 necessary recommend to the governing body that the charter should
10-14 be submitted for preclearance under the Voting Rights Act.
10-15 (21) Subdivision (4), Senate Rule 12.03, is suspended to
10-16 permit the committee to add Section 12.018, Education Code (Section
10-17 11.057, Education Code, in engrossed version; Section 12.017,
10-18 Education Code, in house special printing), to read as follows:
10-19 Sec. 12.018. LEGAL REVIEW. The charter commission shall
10-20 submit the proposed charter to the commissioner. As soon as
10-21 practicable, but not later than the 30th day after the date the
10-22 commissioner receives the proposed charter, the commissioner shall
10-23 review the proposed charter to ensure that the proposed charter
10-24 complies with any applicable laws and shall recommend to the
10-25 charter commission any modifications necessary. If the
10-26 commissioner does not act within the prescribed time, the proposed
11-10 12.020, Education Code (Section 11.059, Education Code, in
11-11 engrossed version; Section 12.019, Education Code, in house special
11-12 printing).
11-13 Explanation: This change is necessary because a home-rule
11-14 school district may adopt a governing structure that does not
11-15 include a "board of trustees."
11-16 (23) Subdivision (4), Senate Rule 12.03, is suspended to
11-17 permit the committee to add Subsection (j) to Section 12.020,
11-18 Education Code (Section 11.059, Education Code, in engrossed
11-19 version; Section 12.019, Education Code, in house special
11-20 printing), to read as follows:
11-21 (j) Section 12.017 applies to a proposed charter amendment,
11-22 except that the governing body shall submit the proposed charter
11-23 amendment to the secretary of state.
11-24 Explanation: This change is necessary to require the
11-25 governing body of a home-rule school district to submit a proposed
11-26 charter amendment to the secretary of state so that the secretary
12-10 home-rule school district charter or charter amendment, the board
12-11 of trustees or governing body shall notify the commissioner of the
12-12 outcome of the election.
12-13 Explanation: This change is necessary to require the board
12-14 of trustees or governing body to notify the commissioner of the
12-15 outcome of an election on a home-rule charter or charter amendment,
12-16 without regard to whether the charter or amendment is adopted or
12-17 rejected.
12-18 (25) Subdivision (4), Senate Rule 12.03, is suspended to
12-19 permit the committee to add Subsection (c), Section 12.027,
12-20 Education Code (Subsection (c), Section 11.065, Education Code, in
12-21 engrossed version; Section 12.025, Education Code, in house special
12-22 printing), to read as follows:
12-23 (c) A district whose home-rule school district charter is
12-24 revoked or rescinded under this subchapter shall operate under the
12-25 other provisions of Title 1 and this title that apply to school
12-26 districts.
13-10 election on the question of rescinding a home-rule school district
13-11 charter if:
13-12 (1) the governing body receives a petition requesting
13-13 a rescission election signed by at least five percent of the
13-14 registered voters of the district; or
13-15 (2) at least two-thirds of the total membership of the
13-16 governing body adopt a resolution ordering that a rescission
13-17 election be held.
13-18 (c) As soon as practicable after the date of receipt or
13-19 adoption of a resolution under Subsection (b), the governing body
13-20 shall order an election.
13-21 (d) The proposition to rescind the home-rule school district
13-22 charter shall be submitted to the voters of the district at an
13-23 election to be held on the first uniform election date that occurs
13-24 at least 45 days after the date on which the governing body orders
13-25 the election.
13-26 (e) The ballot shall be printed to permit voting for or
14-10 after the date of an election held under this section at which
14-11 rescission of the charter is approved and at which the number of
14-12 registered voters required under Subsection (f) vote. As soon as
14-13 practicable after that election, the governing body shall notify
14-14 the commissioner and the secretary of state of the results of the
14-15 election and of the effective date of the rescission.
14-16 (h) The rescission of a home-rule school district charter
14-17 under this section does not affect:
14-18 (1) the district's boundaries; or
14-19 (2) taxes or bonds of the district authorized before
14-20 the effective date of the rescission.
14-21 Explanation: This change is necessary to permit a home-rule
14-22 school district to voluntarily return to the status the district
14-23 had before adopting the home-rule charter.
14-24 (27) Subdivision (4), Senate Rule 12.03, is suspended to
14-25 permit the committee to add Subsection (c) to Section 12.057,
14-26 Education Code (Section 11.204, Education Code, in engrossed
15-10 liability as a school district and its employees and volunteers.
15-11 (28) Subdivision (4), Senate Rule 12.03, is suspended to
15-12 permit the committee to add Subsection (a), Section 12.101,
15-13 Education Code (Subsection (a), Section 11.151, Education Code, in
15-14 engrossed version; Subsection (a), Section 12.101, Education Code,
15-15 in house special printing), to read as follows:
15-16 (a) In accordance with this subchapter, the State Board of
15-17 Education may grant a charter on the application of an eligible
15-18 entity for an open-enrollment charter school to operate in a
15-19 facility of a commercial or nonprofit entity or a school district,
15-20 including a home-rule school district. In this subsection,
15-21 "eligible entity" means:
15-22 (1) an institution of higher education as defined
15-23 under Section 61.003;
15-24 (2) a private or independent institution of higher
15-25 education as defined under Section 61.003;
15-26 (3) an organization that is exempt from taxation under
16-10 printing), to read as follows:
16-11 (4) does not have authority to impose taxes.
16-12 Explanation: This change is necessary to clarify that an
16-13 open-enrollment charter school does not have taxing authority.
16-14 (30) Subdivision (1), Senate Rule 12.03, is suspended to
16-15 permit the committee to amend Subsection (a), Section 12.106,
16-16 Education Code (Subsection (a), Section 11.157, Education Code, in
16-17 engrossed version; Subsection (a), Section 12.106, Education Code,
16-18 in house special printing), to read as follows:
16-19 (a) An open-enrollment charter school is entitled to the
16-20 distribution from the available school fund for a student attending
16-21 the open-enrollment charter school to which the district in which
16-22 the student resides would be entitled.
16-23 Explanation: This change is necessary to clarify the amount
16-24 of the distribution from the available school fund to which an
16-25 open-enrollment charter school is entitled.
16-26 (31) Subdivision (4), Senate Rule 12.03, is suspended to
17-10 policy on the basis of the district in which a child would
17-11 otherwise attend school.
17-12 (32) Subdivision (4), Senate Rule 12.03, is suspended to
17-13 permit the committee to add Subdivision (14) to Section 12.111,
17-14 Education Code (Section 11.162, Education Code, in engrossed
17-15 version; Section 12.110, Education Code, in house special
17-16 printing), to read as follows:
17-17 (14) specify any type of enrollment criteria to be
17-18 used.
17-19 Explanation: This change is necessary to require that the
17-20 charter of an open-enrollment charter school specify the school's
17-21 enrollment criteria.
17-22 (33) Subdivision (2), Senate Rule 12.03, is suspended to
17-23 permit the committee to omit text in Subsection (f), Section
17-24 13.054, Education Code (Subsection (f), Section 13.058, Education
17-25 Code, in engrossed version). The omitted text reads as follows:
17-26 A district that receives an adjustment to its local fund
18-10 Education Code (Section 13.125, Education Code, in engrossed
18-11 version), to read as follows:
18-12 Sec. 13.205. DISPOSITION OF TERRITORY; AFFAIRS OF ABOLISHED
18-13 DISTRICT.
18-14 Explanation: This change is necessary to clarify the
18-15 contents of the section.
18-16 (35) Subdivision (1), Senate Rule 12.03, is suspended to
18-17 permit the committee to substitute "state minimum personal leave
18-18 program" for "state minimum sick leave program" in Subsection (f),
18-19 Section 19.009, Education Code.
18-20 Explanation: This change is necessary to conform to changes
18-21 made by the committee to Section 22.003.
18-22 (36) Subdivision (1), Senate Rule 12.03, is suspended to
18-23 permit the committee to change the text of Section 21.003,
18-24 Education Code, to read as follows:
18-25 Sec. 21.003. CERTIFICATION REQUIRED. (a) A person may not
18-26 be employed as a teacher, teacher intern or teacher trainee,
19-10 school district only if the person holds the appropriate credential
19-11 from the appropriate state agency.
19-12 Explanation: This change is necessary to clarify the text of
19-13 this section and to conform to other changes made by the bill.
19-14 (37) Subdivision (1), Senate Rule 12.03, is suspended to
19-15 permit the committee to change text in Subsection (c), Section
19-16 21.102, Education Code (Section 21.152, Education Code, in the
19-17 engrossed version), to read as follows:
19-18 (c) An employment contract may not extend the probationary
19-19 contract period beyond the end of the third consecutive school year
19-20 of the teacher's employment by the school district unless, during
19-21 the third year of a teacher's probationary contract, the board of
19-22 trustees determines that it is doubtful whether the teacher should
19-23 be given a continuing contract or a term contract. If the board
19-24 makes that determination, the district may make a probationary
19-25 contract with the teacher for a term ending with the fourth
19-26 consecutive school year of the teacher's employment with the
20-10 permit the committee to omit text relating to hearings under
20-11 probationary contracts (Subsection (b), Section 21.153, Education
20-12 Code, in engrossed version; Section 21.107, Education Code, in
20-13 house special printing), which reads as follows:
20-14 (b) A <Sec. 13.104. HEARING. In event a> teacher holding
20-15 a probationary contract who is notified of the district's intention
20-16 <of the board of trustees> to terminate the teacher's <his>
20-17 employment at the end of the teacher's <his> current contract
20-18 period is entitled, on<, he shall have a right upon> written
20-19 request, to an informal <a> hearing before the board of trustees or
20-20 a subcommittee of the board, according to board policy. At the<,
20-21 and at such> hearing, the teacher shall be given the reasons for
20-22 termination of the teacher's <his> employment. After the <such>
20-23 hearing, the board of trustees or board subcommittee may confirm or
20-24 revoke the <its previous action of> termination. The<; but in any
20-25 event, the> decision of the board of trustees or board subcommittee
20-26 is <shall be> final and non-appealable.
21-10 renewing a teacher's term contract, a school district may, with the
21-11 written consent of the teacher, return the teacher to probationary
21-12 contract status.
21-13 (b) A teacher may agree to be returned to probationary
21-14 contract status only after receiving written notice of the proposed
21-15 discharge, termination, or nonrenewal.
21-16 (c) A teacher returned to probationary contract status must
21-17 serve a new probationary contract period as provided by Section
21-18 21.102 as if the teacher were employed by the district for the
21-19 first time.
21-20 Explanation: This change is necessary to allow a school
21-21 district to return a teacher to probationary contract status in
21-22 lieu of discharging or terminating the teacher or not renewing the
21-23 teacher's contract.
21-24 (40) Subdivision (1), Senate Rule 12.03, is suspended to
21-25 permit the committee to change text in Subsection (a), Section
21-26 21.153, Education Code (Section 21.203, Education Code, in
22-10 fourth year if necessary.
22-11 (41) Subdivision (3), Senate Rule 12.03, is suspended to
22-12 permit the committee to add Subdivision (5) to Section 21.154,
22-13 Education Code (Section 21.204, Education Code, in engrossed
22-14 version; Section 21.102, Education Code, in house special
22-15 printing), to read as follows:
22-16 (5) is discharged for a reason stated in the teacher's
22-17 contract that existed on or before September 1, 1995, and in
22-18 accordance with the procedures prescribed by this chapter; or
22-19 Explanation: This change is necessary to permit discharge of
22-20 a teacher for a reason stated in a contract that existed before the
22-21 effective date of the bill.
22-22 (42) Subdivision (1), Senate Rule 12.03, is suspended to
22-23 permit the committee to change the text of Subsection (a), Section
22-24 21.158, Education Code (Subsection (a), Section 21.208, Education
22-25 Code, in engrossed version; Subsection (a), Section 21.109, in
22-26 house special printing), to read as follows:
23-10 without pay pending discharge (Section 21.209, Education Code, in
23-11 engrossed version; Section 21.111, Education Code, in house special
23-12 printing), which read as follows:
23-13 Sec. 21.209 <13.113>. SUSPENSION WITHOUT PAY PENDING
23-14 DISCHARGE. If the district proposes to <proposed action be>
23-15 discharge <of> the teacher for a reason listed <any of the reasons
23-16 set forth> in Section 21.206 <13.109 of this code>, the
23-17 superintendent may, without a hearing, suspend the teacher <may be
23-18 suspended> without pay. If a teacher is suspended under this
23-19 section, the hearing on the proposed discharge may <by order of the
23-20 board of trustees, or by the superintendent of schools if such
23-21 power has been delegated to him by express regulation previously
23-22 adopted by the board of trustees, but in such event the hearing
23-23 shall> not be delayed for more than 15 days after the date the
23-24 teacher requests a <request for> hearing, unless by written consent
23-25 of the teacher. If the teacher is reinstated, the teacher shall
23-26 immediately be paid any compensation withheld during any period of
24-10 Explanation: This change is necessary to require the State
24-11 Board of Education to consult with the State Office of
24-12 Administrative Hearings before adopting rules for certifying
24-13 hearing examiners.
24-14 (45) Subdivision (1), Senate Rule 12.03, is suspended to
24-15 permit the committee to change the text of Subsection (b), Section
24-16 21.252, Education Code (Subsection (c), Section 21.302, Education
24-17 Code, in engrossed version; Subsection (b), Section 21.163,
24-18 Education Code, in house special printing), to read as follows:
24-19 (b) The commissioner shall certify hearing examiners
24-20 according to the criteria established under Subsection (a). A
24-21 person certified as a hearing examiner or the law firm with which
24-22 the person is associated may not serve as an agent or
24-23 representative of:
24-24 (1) a school district;
24-25 (2) a teacher in any dispute with a school district;
24-26 or
25-10 Education Code (Section 21.315, Education Code, in engrossed
25-11 version; Section 21.165, Education Code, in house special
25-12 printing), to read as follows:
25-13 In conducting a hearing under this subchapter, the
25-14 commissioner has the same authority relating to discovery and
25-15 conduct of a hearing as an independent hearing examiner has under
25-16 Subchapter F.
25-17 Explanation: This change is necessary to allow the
25-18 commissioner to issue subpoenas and maintain decorum at a hearing
25-19 in an appeal concerning a teacher contract dispute.
25-20 (47) Subdivision (4), Senate Rule 12.03, is suspended to
25-21 permit the committee to add Paragraph (B) to Subdivision (2),
25-22 Subsection (a), Section 21.352, Education Code (Section 21.272,
25-23 Education Code, in both engrossed version and house special
25-24 printing), to read as follows:
25-25 (B) containing the items described by Sections
25-26 21.351(a)(1) and (2); and
26-10 and performance criteria developed by the district- and
26-11 campus-level committees but may not modify the process or criteria.
26-12 Explanation: This change is necessary to make clear that the
26-13 board of trustees may reject an appraisal process and performance
26-14 criteria but may not modify them.
26-15 (49) Subdivision (2), Senate Rule 12.03, is suspended to
26-16 permit the committee to omit the following text from Section
26-17 21.401, Education Code (Section 21.401, Education Code, in
26-18 engrossed version; Section 21.301, Education Code, in house special
26-19 printing):
26-20 An educator employed under an 11-month contract must provide
26-21 a minimum of 210 days of service. An educator employed under a
26-22 12-month contract must provide a minimum of 230 days of service.
26-23 Explanation: This change is necessary to eliminate
26-24 requirements relating to educators employed under 11-month and
26-25 12-month contracts.
26-26 (50) Subdivision (1), Senate Rule 12.03, is suspended to
27-10 (51) Subdivision (2), Senate Rule 12.03, is suspended to
27-11 permit the committee to omit text relating to teacher preparation,
27-12 staff development, and continuing education (Section 21.451,
27-13 Education Code, in engrossed version; Section 21.351, Education
27-14 Code, in house special printing), which reads as follows:
27-15 Sec. þ_21.451 <16.052>. <OPERATION OF SCHOOLS;> TEACHER
27-16 PREPARATION, <AND> STAFF DEVELOPMENT, AND CONTINUING EDUCATION.
27-17 (a) Except as provided by Subsection (b) or Section 25.084, for
27-18 each school year, each <Each> school district must provide for not
27-19 less than:
27-20 (1) three <180 days of instruction for students and
27-21 not less than three> days of preparation for classroom teachers;
27-22 (2) four days of staff development; and
27-23 (3) three days of continuing education for educators
27-24 to fulfill requirements adopted by State Board for Educator
27-25 Certification rule <for each school year, except as provided in
27-26 Subsection (c) of this section>.
28-10 development provided by a school district must be conducted in
28-11 accordance with minimum standards developed by the commissioner for
28-12 program planning, preparation, and improvement. The staff
28-13 development:
28-14 (1) must include technology training and training in
28-15 conflict resolution and discipline strategies; and
28-16 (2) may include instruction as to what is permissible
28-17 under law, including opinions of the United States Supreme Court,
28-18 in regard to prayers in public school.
28-19 (b) The staff development must be predominantly
28-20 campus-based, related to achieving campus performance objectives
28-21 established under Section 11.253, and developed and approved by the
28-22 campus-level committee established under Section 11.251. Campus
28-23 staff development may include activities that enable the campus
28-24 staff to plan together to enhance existing skills, to share
28-25 effective strategies, to reflect on curricular and instructional
28-26 issues, to analyze student achievement results, to reflect on means
29-10 development developed and approved through the district-level
29-11 decision process under Section 11.251.
29-12 Explanation: These changes are necessary to conform to the
29-13 change made by the committee that deletes the requirement for a
29-14 minimum number of staff development days.
29-15 (53) Subdivision (2), Senate Rule 12.03, is suspended to
29-16 permit the committee to omit Section 21.901, Education Code
29-17 (Section 11.114, Education Code, in house special printing), which
29-18 reads as follows:
29-19 Sec. 21.901 <13.901>. EMPLOYMENT CONSULTATION WITH TEACHERS.
29-20 The board of trustees of each independent school district<, rural
29-21 high school district, and common school district,> and district
29-22 <their> administrative personnel<,> may consult with teachers with
29-23 respect to matters of educational policy and conditions of
29-24 employment. A board<; and such boards> of trustees may adopt <and
29-25 make> reasonable rules<, regulations> and make agreements to
29-26 provide for such consultation. This section does <shall> not limit
30-10 number of days of operation, including any time required for staff
30-11 development, planning and preparation, and continuing education,
30-12 otherwise required by law; . . . .
30-13 Explanation: This change is necessary to clarify that to
30-14 provide year-round instruction, a school district may modify
30-15 components comprising the number of employee contract days or days
30-16 of school operation.
30-17 (55) Subdivision (3), Senate Rule 12.03, is suspended to
30-18 permit the committee to add text to Section 25.111, Education Code,
30-19 to read as follows:
30-20 Sec. 25.111. STUDENT/TEACHER RATIOS. Except as provided by
30-21 Section 25.112, each school district must employ a sufficient
30-22 number of teachers certified under Subchapter B, Chapter 21, to
30-23 maintain an average ratio of not less than one teacher for each 20
30-24 students in average daily attendance.
30-25 Explanation: This change is necessary to clarify that in
30-26 counting a teacher for purposes of computing student/teacher
31-10 to a parent under this chapter.
31-11 Explanation: The added language is necessary to allow the
31-12 Texas Education Agency or a school district to charge a parent a
31-13 reasonable fee for copies of materials to which a parent has access
31-14 under Chapter 26.
31-15 (57) Subdivision (1), Senate Rule 12.03, is suspended to
31-16 permit the committee to delete "special education cooperatives" and
31-17 substitute "shared services arrangements" in Section 29.001,
31-18 Education Code.
31-19 Explanation: The language is changed to conform with current
31-20 terminology and practice in providing special education services to
31-21 children.
31-22 (58) Subdivision (1), Senate Rule 12.03, is suspended to
31-23 permit the committee to delete "vocational" and substitute "career
31-24 and technology" in Subdivision (8), Section 29.001, Education Code.
31-25 Explanation: The language is changed to conform with
31-26 terminology used in federal law.
32-10 accordance with the shared services arrangement districts'
32-11 agreement.
32-12 Explanation: The change in reference from "cooperatives" to
32-13 "shared services arrangements" conforms with current terminology
32-14 and practice in providing special education services to children.
32-15 The language requiring a written contract to be executed and
32-16 presented to the commissioner of education for approval is
32-17 necessary to ensure proper provision of services and use of money
32-18 in shared services arrangements.
32-19 (60) Subdivision (1), Senate Rule 12.03, is suspended to
32-20 permit the committee to delete "special education cooperative" and
32-21 substitute "shared services arrangement unit" in Subsection (a),
32-22 Section 29.008, Education Code.
32-23 Explanation: The language is changed to conform with current
32-24 terminology and practice in providing special education services to
32-25 children.
32-26 (61) Subdivision (2), Senate Rule 12.03, is suspended to
33-10 education in the least restrictive environment. This section
33-11 expires August 31, 1997.
33-12 Explanation: This deletion is necessary because there is no
33-13 appropriation of funds for the program in the house or senate
33-14 version of Section 42.151.
33-15 (62) Subdivision (1), Senate Rule 12.03, is suspended to
33-16 permit the committee to amend Subsection (b), Section 29.054,
33-17 Education Code (Subsection (f), Section 29.053, Education Code, in
33-18 engrossed version; Subsection (b), Section 29.054, Education Code,
33-19 in house special printing), to read as follows:
33-20 (b) An application for an exception may be filed with the
33-21 agency when a district is unable to hire a sufficient number of
33-22 teachers with teaching certificates appropriate for bilingual
33-23 education instruction to staff the required program. The
33-24 application must be accompanied by:
33-25 (1) documentation showing that the district has taken
33-26 all reasonable affirmative steps to secure teachers with teaching
34-10 past 12 months; and
34-11 (4) a plan detailing specific measures to be used by
34-12 the district to eliminate the conditions that created the need for
34-13 an exception.
34-14 Explanation: This change is necessary to correct obsolete
34-15 terminology. Educators do not receive bilingual education
34-16 "endorsements."
34-17 (63) Subdivision (1), Senate Rule 12.03, is suspended to
34-18 permit the committee to amend Subsection (a), Section 29.061,
34-19 Education Code (Subsection (a), Section 29.059, Education Code, in
34-20 engrossed version; Subsection (a), Section 29.061, Education Code,
34-21 in house special printing), to read as follows:
34-22 (a) The State Board for Educator Certification shall provide
34-23 for the issuance of teaching certificates appropriate for bilingual
34-24 education instruction to teachers who possess a speaking, reading,
34-25 and writing ability in a language other than English in which
34-26 bilingual education programs are offered and who meet the general
35-10 (64) Subdivision (1), Senate Rule 12.03, is suspended to
35-11 permit the committee to delete "remedial" and substitute
35-12 "accelerated" in the heading to Section 29.081, Education Code, and
35-13 in Subsections (a), (b), and (c), Section 29.081, Education Code.
35-14 Explanation: The terminology is changed to avoid the
35-15 negative connotations of the term "remedial."
35-16 (65) Subdivision (1), Senate Rule 12.03, is suspended to
35-17 permit the committee to delete each reference to "vocational" in
35-18 Subchapter F, Chapter 29, Education Code (Sections 29.181 through
35-19 29.185), and substitute "career and technology."
35-20 Explanation: The language is changed to conform with
35-21 terminology used in federal law.
35-22 (66) Subdivision (1), Senate Rule 12.03, is suspended to
35-23 permit the committee to amend Subdivision (1), Section 29.251,
35-24 Education Code, to read as follows:
35-25 (1) "Adult education" means services and instruction
35-26 provided below the college level for adults by public local
36-10 Explanation: The definition is unnecessary as a result of
36-11 the deletion of the term in Subdivision (1), Section 29.251.
36-12 (68) Subdivision (1), Senate Rule 12.03, is suspended to
36-13 permit the committee to amend Section 29.253, Education Code, to
36-14 read as follows:
36-15 Sec. 29.253. PROVISION OF ADULT EDUCATION PROGRAMS. Adult
36-16 education programs shall be provided by public school districts,
36-17 public junior colleges, public universities, public nonprofit
36-18 agencies, and community-based organizations approved in accordance
36-19 with state statutes and rules adopted by the State Board of
36-20 Education. The programs must be designed to meet the education and
36-21 training needs of adults to the extent possible within available
36-22 public and private resources. Bilingual education may be the
36-23 method of instruction for students who do not function
36-24 satisfactorily in English whenever it is appropriate for their
36-25 optimum development.
36-26 Explanation: The language is changed to conform to S.B. No.
37-10 adult education programs conducted in accordance with this
37-11 subchapter.
37-12 Explanation: The language is changed to allow participation
37-13 of diverse groups in providing advice to the State Board of
37-14 Education regarding adult education.
37-15 (70) Subdivision (1), Senate Rule 12.03, is suspended to
37-16 permit the committee to amend Subsection (a), Section 29.255,
37-17 Education Code, to read as follows:
37-18 (a) Funds shall be appropriated to implement statewide adult
37-19 basic education, adult bilingual education, high school
37-20 equivalency, and high school credit programs to eliminate
37-21 illiteracy in this state and to implement and support a statewide
37-22 program to meet the total range of adult needs for adult education,
37-23 related skill training, and pilot programs to demonstrate the
37-24 effectiveness of the community education concept. The agency shall
37-25 ensure that public local education agencies, public nonprofit
37-26 agencies, and community-based organizations have direct and
38-10 United States military reservations.
38-11 Explanation: The language is changed to conform to S.B. No.
38-12 170 by Ellis, reported engrossed by the senate on April 25, 1995.
38-13 (71) Subdivision (2), Senate Rule 12.03, is suspended to
38-14 permit the committee to omit "of education" in Subsection (g),
38-15 Section 30.052, Education Code.
38-16 Explanation: This change is needed because "commissioner" is
38-17 defined to mean the commissioner of education.
38-18 (72) Subdivisions (2) and (3), Senate Rule 12.03, are
38-19 suspended to permit the committee to amend Subsection (b), Section
38-20 30.087, to read as follows:
38-21 (b) From the amount appropriated for regional day school
38-22 programs, the commissioner shall allocate funds to each program
38-23 based on the number of weighted full-time equivalent students
38-24 served. The commissioner may consider local resources available in
38-25 allocating funds under this subsection.
38-26 Explanation: This change is needed to authorize the
39-10 Section 21.4011. A classroom teacher or full-time librarian may be
39-11 paid, from funds appropriated to the commission, a salary in excess
39-12 of the minimum specified by that section, but the salary may not
39-13 exceed the rate of pay for a similar position in the public schools
39-14 of an adjacent school district. This subsection expires September
39-15 1, 1996.
39-16 (b-1) Subsection (b) applies beginning with the 1996-1997
39-17 school year. This subsection expires January 1, 1997.
39-18 Explanation: These changes are needed to conform to the
39-19 minimum salary schedules established under Chapter 21.
39-20 (74) Subdivision (4), Senate Rule 12.03, is suspended to
39-21 permit the committee to add Subsection (c), Section 31.021,
39-22 Education Code, to read as follows:
39-23 (c) After setting aside the amounts specified by Subsection
39-24 (b), the State Board of Education shall determine the amount
39-25 remaining in the available school fund that is available for
39-26 distribution under Chapter 43 for the following school year. The
40-10 (2) training educational personnel in using electronic
40-11 textbooks and providing access to technological equipment for
40-12 instructional use.
40-13 (75) Subdivision (4), Senate Rule 12.03, is suspended to
40-14 permit the committee to add Section 31.025, Education Code, to read
40-15 as follows:
40-16 Sec. 31.025. LIMITATION ON COST. (a) The State Board of
40-17 Education shall set a limit on the cost that may be paid from the
40-18 state textbook fund for a textbook placed on the conforming or
40-19 nonconforming list for a particular subject and grade level. The
40-20 board may not reject a textbook for placement on the conforming or
40-21 nonconforming list because the textbook's price exceeds the limit
40-22 established under this subsection.
40-23 (b) Subject to Section 31.151, if a school district or
40-24 open-enrollment charter school selects a textbook from a conforming
40-25 or nonconforming list that exceeds the limit established under
40-26 Subsection (a):
41-10 permit the committee to add Section 31.029, Education Code, to read
41-11 as follows:
41-12 Sec. 31.029. BILINGUAL TEXTBOOKS. The board shall purchase
41-13 or otherwise acquire textbooks for use in bilingual education
41-14 classes.
41-15 Explanation: This change is necessary to require the State
41-16 Board of Education to acquire textbooks for use in bilingual
41-17 education classes.
41-18 (77) Subdivision (2), Senate Rule 12.03, is suspended to
41-19 permit the committee to omit Subsection (e), Section 33.081,
41-20 Education Code (Subsection (d), Section 33.081, Education Code, in
41-21 engrossed version; Subsection (e), Section 33.081, Education Code,
41-22 in house special printing), which reads as follows:
41-23 (d) A student may not be suspended under this section during
41-24 the period in which school is recessed for the summer or during the
41-25 initial grade reporting period of a regular school term on the
41-26 basis of grades received in the final grade reporting period of the
42-10 Sec. 34.004. STANDING CHILDREN. A school district may not
42-11 require or allow a child to stand on a school bus that is in
42-12 motion.
42-13 Explanation: This change is necessary to omit the provision
42-14 that ties the prohibition on children standing on a school bus to
42-15 the receipt of transportation funding under the Foundation School
42-16 Program.
42-17 (79) Subdivisions (1) and (3), Senate Rule 12.03, are
42-18 suspended to permit the committee to amend and add text to Section
42-19 34.008, Education Code (Section 34.014, Education Code, in
42-20 engrossed version; Section 34.008, Education Code, in house special
42-21 printing), to read as follows:
42-22 Sec. 34.008. CONTRACT WITH TRANSIT AUTHORITY OR COMMERCIAL
42-23 TRANSPORTATION COMPANY. (a) A board of county school trustees or
42-24 school district board of trustees may contract with a transit
42-25 authority or a commercial transportation company for all or any
42-26 part of a district's public school transportation if the authority
43-10 district board from supplementing the state transportation cost
43-11 allotment with local funds necessary to provide complete
43-12 transportation services.
43-13 (c) A transit authority or a commercial transportation
43-14 company contracting under this section for daily transportation of
43-15 pre-primary, primary, or secondary students to or from school shall
43-16 conduct, in a manner and on a schedule approved by the county or
43-17 district school board, the following education programs:
43-18 (1) a program to inform the public that public school
43-19 students will be riding on the authority's or company's buses;
43-20 (2) a program to educate the drivers of the buses to
43-21 be used under the contract of the special needs and problems of
43-22 public school students riding on the buses; and
43-23 (3) a program to educate public school students on bus
43-24 riding safety and any special considerations arising from the use
43-25 of the authority's or company's buses.
43-26 (d) In this section, "transit authority" includes a
44-10 and substituting "AND OTHER SCHOOL-RELATED ACTIVITIES."
44-11 Explanation: This change is necessary to make the section
44-12 heading more descriptive.
44-13 (81) Subdivision (4), Senate Rule 12.03, is suspended to
44-14 permit the committee to add Subsection (a), Section 37.001,
44-15 Education Code, to read as follows:
44-16 (a) Each school district shall, with the advice of its
44-17 district-level committee established under Section 11.251, and
44-18 jointly, as appropriate, with the juvenile board of each county in
44-19 which the district is located, adopt a student code of conduct for
44-20 the district. In addition to establishing standards for student
44-21 conduct, the student code of conduct must:
44-22 (1) specify the circumstances, in accordance with this
44-23 subchapter, under which a student may be removed from a classroom,
44-24 campus, or alternative education program;
44-25 (2) outline the responsibilities of each juvenile
44-26 board concerning the establishment and operation of a juvenile
45-10 Explanation: This change is necessary to specify contents of
45-11 a student code of conduct, including standards for student conduct
45-12 and procedures for placement of disruptive students in alternative
45-13 settings.
45-14 (82) Subdivision (4), Senate Rule 12.03, is suspended to
45-15 permit the committee to add Subsection (c), Section 37.001,
45-16 Education Code, to read as follows:
45-17 (c) Each school district shall adopt a student code of
45-18 conduct as required by this section not later than September 1,
45-19 1996. This subsection expires September 1, 1997.
45-20 Explanation: This change is necessary to delay the date by
45-21 which a school district must adopt a student code of conduct.
45-22 (83) Subdivision (4), Senate Rule 12.03, is suspended to
45-23 permit the committee to add Section 37.005, Education Code, to read
45-24 as follows:
45-25 Sec. 37.005. SUSPENSION. (a) The principal or other
45-26 appropriate administrator may suspend a student who engages in
46-10 Education Code (Section 37.004, Education Code, in engrossed
46-11 version; Section 37.004, Education Code, in house special
46-12 printing), to read as follows:
46-13 (c) An off-campus alternative education program is not
46-14 subject to a requirement imposed by this title, other than a
46-15 limitation on liability, a reporting requirement, or a requirement
46-16 imposed by this chapter or by Chapter 39.
46-17 Explanation: This change is necessary to specify the
46-18 applicability of provisions of the Education Code to off-campus
46-19 alternative education programs.
46-20 (85) Subdivision (4), Senate Rule 12.03, is suspended to
46-21 permit the committee to add text to Subsection (a), Section 37.009,
46-22 Education Code (Subsection (a), Section 37.005, Education Code, in
46-23 engrossed version), to read as follows:
46-24 The student may not be returned to the regular classroom
46-25 pending the hearing.
46-26 Explanation: This change is necessary to prohibit the return
47-10 program, subject to the approval of the Texas Juvenile Probation
47-11 Commission. The juvenile board of a county with a population of
47-12 125,000 or less may develop a juvenile justice alternative
47-13 education program. A juvenile justice alternative education
47-14 program in a county with a population of 125,000 or less:
47-15 (1) is not required to be approved by the Texas
47-16 Juvenile Probation Commission; and
47-17 (2) is not subject to Subsection (c), (d), (f), or
47-18 (g).
47-19 Explanation: This change is necessary to require a juvenile
47-20 justice alternative education program approved by the Texas
47-21 Juvenile Probation Commission only in a county with a population of
47-22 more than 125,000 and to permit a juvenile justice alternative
47-23 education program in a smaller county.
47-24 (87) Subdivision (4), Senate Rule 12.03, is suspended to
47-25 permit the committee to add Subsection (b) to Section 37.011,
47-26 Education Code (Section 37.008, Education Code, in house special
48-10 date of adjudication.
48-11 Explanation: This change is necessary to require a juvenile
48-12 court to place a student who engages in certain serious conduct in
48-13 a juvenile justice alternative education program.
48-14 (88) Subdivision (4), Senate Rule 12.03, is suspended to
48-15 permit the committee to add Subsection (f) to Section 37.011,
48-16 Education Code (Section 37.008, Education Code, in house special
48-17 printing), to read as follows:
48-18 (f) A juvenile justice alternative education program must
48-19 operate at least:
48-20 (1) seven hours per day; and
48-21 (2) 180 days per year.
48-22 Explanation: This change is necessary to require a mandatory
48-23 juvenile justice alternative education program to operate, on both
48-24 a daily basis and a yearly basis, the same amount of time as a
48-25 school district.
48-26 (89) Subdivision (4), Senate Rule 12.03, is suspended to
49-10 expelled for a period not to exceed one year. This subsection
49-11 expires September 1, 1997.
49-12 Explanation: This change is necessary to provide sufficient
49-13 time for juvenile boards to establish juvenile justice alternative
49-14 education programs in those counties required to do so.
49-15 (90) Subdivision (4), Senate Rule 12.03, is suspended to
49-16 permit the committee to change the heading to Section 37.083,
49-17 Education Code, by striking "PROGRAMS" and substituting "PROGRAMS;
49-18 SEXUAL HARASSMENT POLICIES."
49-19 Explanation: This change is necessary to make the section
49-20 heading more descriptive.
49-21 (91) Subdivision (1), Senate Rule 12.03, is suspended to
49-22 permit the committee to amend Section 38.009, Education Code
49-23 (Section 38.008, Education Code, in engrossed version; Section
49-24 38.009, Education Code, in house special printing), to read as
49-25 follows:
49-26 Sec. 38.009. ACCESS TO MEDICAL RECORDS. (a) A school
50-10 Explanation: The change is necessary to entitle a school
50-11 nurse to access to a student's medical records maintained by a
50-12 school.
50-13 (92) Subdivision (3), Senate Rule 12.03, is suspended to
50-14 permit the committee to add text in Subsection (a), Section 39.023,
50-15 Education Code, to read as follows:
50-16 (a) The agency shall adopt appropriate criterion-referenced
50-17 assessment instruments designed to assess competencies in reading,
50-18 writing, mathematics, social studies, and science. All nonexempt
50-19 students shall be assessed in:
50-20 (1) reading and mathematics, annually in grades three
50-21 through eight;
50-22 (2) writing, in grades four and eight; and
50-23 (3) social studies and science, at an appropriate
50-24 grade level determined by the State Board of Education.
50-25 Explanation: This change is necessary to require assessment
50-26 instruments under the statewide assessment program to assess
51-10 instruments under Subsection (c) in Algebra I and Biology I. Not
51-11 later than the 1998-1999 school year, the State Board of Education
51-12 shall administer the end-of-course assessment instruments under
51-13 Subsection (c) in English II and United States history. This
51-14 subsection expires September 1, 2001.
51-15 Explanation: This change is necessary to require and
51-16 phase-in the administration of end-of-course assessment tests in
51-17 specified subject areas.
51-18 (94) Subdivision (2), Senate Rule 12.03, is suspended to
51-19 permit the committee to omit Subsection (b), Section 39.027,
51-20 Education Code, which reads as follows:
51-21 (b) The State Board of Education shall adopt rules under
51-22 which a district may determine if a student is eligible for an
51-23 exemption under this section. The agency shall closely monitor
51-24 compliance with those rules.
51-25 Explanation: This change is necessary to conform to changes
51-26 made to Section 39.023 by the committee.
52-10 campus, and district and made available to the public, with
52-11 appropriate interpretations, at regularly scheduled meetings of the
52-12 board of trustees of each school district. The information may not
52-13 contain the names of individual students or teachers.
52-14 Explanation: This change is necessary to require aggregation
52-15 of overall student performance data on the basis of ethnicity and
52-16 gender as well as on other bases.
52-17 (96) Subdivision (4), Senate Rule 12.03, is suspended to
52-18 permit the committee to add Subsection (b) to Section 39.031,
52-19 Education Code, to read as follows:
52-20 (b) The cost of releasing the question and answer keys under
52-21 Section 39.023(d) shall be paid from amounts appropriated to the
52-22 agency.
52-23 Explanation: This change is necessary to require that the
52-24 Texas Education Agency pay the cost of releasing question and
52-25 answer keys for assessment instruments.
52-26 (97) Subdivisions (1) and (3), Senate Rule 12.03, are
53-10 campus report card to any other party.
53-11 Explanation: These changes are necessary to improve the
53-12 readability of Chapter 39 and to limit the dissemination of campus
53-13 report cards to appropriate student performance portions of the
53-14 report cards.
53-15 (98) Subdivision (1), Senate Rule 12.03, is suspended to
53-16 permit the committee to redesignate Section 39.052, Education Code,
53-17 relating to performance reports, as Section 39.053, and to conform
53-18 cross-references as necessary.
53-19 Explanation: This change is necessary to improve the
53-20 readability of Chapter 39.
53-21 (99) Subdivision (2), Senate Rule 12.03, is suspended to
53-22 permit the committee to omit Section 39.076, relating to agency
53-23 assistance, and to renumber subsequent sections of Chapter 39
53-24 appropriately.
53-25 Explanation: This change is necessary to omit the
53-26 requirement that the Texas Education Agency provide certain
54-10 under this subchapter.
54-11 Explanation: This change is necessary to refer to the
54-12 campus-level committee rather than the school committee to conform
54-13 with the other provisions of the title.
54-14 (101) Subdivision (1), Senate Rule 12.03, is suspended to
54-15 permit the committee to change the text of Paragraph (B),
54-16 Subdivision (3), Subsection (b), Section 39.112, Education Code
54-17 (Subdivision (2), Subsection (b), Section 39.112, in engrossed
54-18 version), to read as follows:
54-19 (b) A school campus or district is not exempt under this
54-20 section from:
54-21 . . .
54-22 (3) a requirement, restriction, or prohibition
54-23 relating to:
54-24 . . .
54-25 (B) public school accountability as provided by
54-26 Subchapters B, C, D, and G; . . . .
55-10 selecting the board of trustees;
55-11 (5) may not set a tax rate for the district; and
55-12 (6) may not adopt a budget for the district that
55-13 provides for spending a different amount, exclusive of required
55-14 debt service, from that previously adopted by the board of
55-15 trustees.
55-16 Explanation: This change is necessary to clarify the duties
55-17 if the commissioner appoints a master or management team as an
55-18 accreditation sanction.
55-19 (103) Subdivision (2), Senate Rule 12.03, is suspended to
55-20 permit the committee to omit sections of the Education Code
55-21 relating to restricting written reports from school districts and
55-22 school district employees, teachers' records and reports, and
55-23 reports to the State Board of Education (Sections 39.156, 39.157,
55-24 and 39.158 in engrossed version; Sections 39.151, 39.152, and
55-25 39.153 in house special printing).
55-26 Explanation: This change is necessary to omit requirements
56-10 unavailable to the Foundation School Program by operation of
56-11 Subsection (b) may be paid only from funds specifically
56-12 appropriated for that purpose. If a sufficient amount of money is
56-13 not appropriated to fully replace funds made unavailable to the
56-14 Foundation School Program by operation of Subsection (b), the
56-15 adjustment to the taxable values of property in each district to
56-16 which Subsection (b) applies shall be modified proportionately to
56-17 the extent necessary so that the amount of funds made unavailable
56-18 is equal to the amount appropriated to replace those funds.
56-19 Explanation: This change is necessary to ensure that there
56-20 is not less money available for Foundation School Program purposes
56-21 as a result of the requirement under Subsection (b) that the
56-22 commissioner of education adjust the taxable values of a school
56-23 district's property to reflect a decline in value.
56-24 (105) Subdivision (4), Senate Rule 12.03, is suspended to
56-25 permit the committee to add Subsection (c), Section 41.034,
56-26 Education Code, to read as follows:
57-10 means of encouraging consolidation, which usually saves the state
57-11 and districts money. The change provides districts, under
57-12 specified circumstances, with flexibility in selecting between
57-13 incentives offered to districts that consolidate.
57-14 (106) Subdivision (4), Senate Rule 12.03, is suspended to
57-15 permit the committee to add a new Section 41.099, Education Code,
57-16 to read as follows:
57-17 Sec. 41.099. LIMITATIONS. Sections 41.002(e), 41.094,
57-18 41.097, and 41.098 apply only to a district that:
57-19 (1) executes an agreement to purchase all attendance
57-20 credits necessary to reduce the district's wealth per student to
57-21 the equalized wealth level; or
57-22 (2) executes an agreement to purchase attendance
57-23 credits and an agreement under Subchapter E to contract for the
57-24 education of nonresident students who transfer to and are educated
57-25 in the district but who are not charged tuition.
57-26 Explanation: This change, which, with a limited exception,
58-10 attendance" and substitute "students in weighted average daily
58-11 attendance" in Sections 41.093, 41.121, and 41.158, Education Code.
58-12 Explanation: This change is necessary to conform Chapter 41
58-13 to similar changes made to Chapter 42.
58-14 (108) Subdivision (4), Senate Rule 12.03, is suspended to
58-15 permit the committee to add Subsection (a-1) to Section 42.005,
58-16 Education Code, to read as follows:
58-17 (a-1) Subsection (a) applies beginning with the 1997-1998
58-18 school year. For the 1995-1996 and 1996-1997 school years, average
58-19 daily attendance is the quotient of the sum of attendance for each
58-20 day of the minimum number of days of instruction as described under
58-21 Section 25.081(a) divided by the minimum number of days of
58-22 instruction. This subsection expires September 1, 1997.
58-23 Explanation: This change is necessary to delay including
58-24 extended year program attendance in the computation of average
58-25 daily attendance until the 1998-1999 biennium.
58-26 (109) Subdivision (1), Senate Rule 12.03, is suspended to
59-10 commissioner shall recompute the cost of education index, excluding
59-11 from the computation the calculation for the diseconomies of scale
59-12 component and substituting a value of 1.00.
59-13 Explanation: This change is necessary to provide for the
59-14 computation of the cost of education adjustment for the 1996-1997
59-15 and subsequent school years.
59-16 (111) Subdivision (4), Senate Rule 12.03, is suspended to
59-17 permit the committee to add Subsection (e), Section 42.103,
59-18 Education Code, to read as follows:
59-19 (e) The commissioner may make the adjustment authorized by
59-20 Subsection (d)(3) only if the district's wealth per student does
59-21 not exceed the equalized wealth level under Section 41.002. For
59-22 purposes of this subsection, a district's wealth per student is
59-23 determined in the manner provided by Section 41.001, except that
59-24 the adjustment provided by Subsection (d)(3) is not used in
59-25 computing the number of students in weighted average daily
59-26 attendance.
60-10 preferred terminology.
60-11 (113) Subdivision (4), Senate Rule 12.03, is suspended to
60-12 permit the committee to add a sentence at the end of Subsection
60-13 (c), Section 42.152, Education Code, to read as follows:
60-14 A home-rule school district or an open-enrollment charter
60-15 school must use funds allocated under Subsection (a) to provide
60-16 compensatory services but is not otherwise subject to Subchapter C,
60-17 Chapter 29.
60-18 Explanation: This change is necessary to provide a home-rule
60-19 school district or open-enrollment charter school with greater
60-20 flexibility in providing a compensatory education program.
60-21 (114) Subdivision (1), Senate Rule 12.03, is suspended to
60-22 permit the committee to alter text in Subsection (m), Section
60-23 42.152, Education Code (Subsection (n), Section 42.152, Education
60-24 Code, in engrossed version; Subsection (m), Section 42.152,
60-25 Education Code, in house special printing), by striking "students
60-26 who are not disabled" and substituting "students who do not have
61-10 (116) Subdivision (1), Senate Rule 12.03, is suspended to
61-11 permit the committee to alter Subsection (f), Section 42.155,
61-12 Education Code, by striking "vocational education" and substituting
61-13 "career and technology education."
61-14 Explanation: This change is necessary to conform with
61-15 terminology used in federal law.
61-16 (117) Subdivision (4), Senate Rule 12.03, is suspended to
61-17 permit the committee to alter Subsection (j), Section 42.155,
61-18 Education Code (Subsection (h), Section 42.155, Education Code, in
61-19 engrossed version), by adding the following sentence at the end of
61-20 Subsection (j):
61-21 The commissioner shall determine the appropriate allotment.
61-22 Explanation: This change is necessary to allow the
61-23 commissioner of education to determine the appropriate
61-24 transportation allotment for the Texas School for the Deaf.
61-25 (118) Subdivision (4), Senate Rule 12.03, is suspended to
61-26 permit the committee to add a sentence at the end of Subsection
62-10 Explanation: This change is necessary to permit the
62-11 commissioner of education, in the second year of a state fiscal
62-12 biennium, to reduce the foundation school fund entitlement of a
62-13 school district that has a taxable value of property that is higher
62-14 than the estimate originally used to determine the district's
62-15 entitlement.
62-16 (119) Subdivision (1), Senate Rule 12.03, is suspended to
62-17 permit the committee to amend Section 43.005, Education Code, to
62-18 read as follows:
62-19 Sec. 43.005. EXTERNAL INVESTMENT MANAGERS. (a) The State
62-20 Board of Education may contract with private professional
62-21 investment managers to assist the board in making investments of
62-22 the permanent school fund. A contract under this subsection must
62-23 be approved by the board or otherwise entered into in accordance
62-24 with board rules relating to contracting authority.
62-25 (b) The State Board of Education by rule may delegate a
62-26 power or duty relating to the investment of the permanent school
63-10 Education may delegate investment authority and contract for the
63-11 investment of the permanent school fund to the same extent as the
63-12 governing board of an institution of higher education with respect
63-13 to an institutional fund under Chapter 163, Property Code.
63-14 (b) The board may enter into a contract with a nonprofit
63-15 corporation for the corporation to invest funds under the control
63-16 and management of the board, including the permanent school fund,
63-17 as designated by the board. The corporation may not engage in any
63-18 business other than investing funds designated by the board under
63-19 the contract.
63-20 (c) The board must approve the:
63-21 (1) articles of incorporation and bylaws of the
63-22 corporation and any amendment to the articles of incorporation or
63-23 bylaws;
63-24 (2) investment policies of the corporation, including
63-25 changes to those policies;
63-26 (3) audit and ethics committee of the corporation; and
64-10 (f) The corporation shall file quarterly reports with the
64-11 State Board of Education concerning matters required by the board.
64-12 (g) The corporation is subject to the Texas Non-Profit
64-13 Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
64-14 Statutes).
64-15 (h) The corporation may not enter into an agreement or
64-16 transaction with a:
64-17 (1) director, officer, or employee of the corporation
64-18 acting in other than an official capacity on behalf of the
64-19 corporation;
64-20 (2) business entity in which a director, officer, or
64-21 employee of the corporation has an interest;
64-22 (3) former director, officer, or employee of the
64-23 corporation on or before the second anniversary of the date the
64-24 person ceased to be a director, officer, or employee of the
64-25 corporation; or
64-26 (4) business entity in which a former director,
65-10 (2) the person owns five percent or more of the fair
65-11 market value of the business entity; or
65-12 (3) money received by the person from the business
65-13 entity exceeds five percent of the person's gross income for the
65-14 preceding calendar year.
65-15 (k) In this section:
65-16 (1) "Governing board" and "institutional fund" have
65-17 the meanings assigned by Chapter 163, Property Code.
65-18 (2) "Institution of higher education" has the meaning
65-19 assigned by Section 61.003.
65-20 Explanation: This change is necessary to permit the State
65-21 Board of Education to establish a nonprofit corporation to manage
65-22 the investment of the permanent school fund. Similar authority
65-23 with respect to the permanent university fund is granted to the
65-24 board of regents of The University of Texas System under H.B. No.
65-25 1877, effective May 23, 1995.
65-26 (121) Subdivision (1), Senate Rule 12.03, is suspended to
66-10 provided by Subsection (c) and shall be returned to the permanent
66-11 school fund.
66-12 (b) If the State Board of Education authorizes the purchase
66-13 of a fixed-income security at less than par, the discount received
66-14 in the purchase shall be paid to the available school fund as
66-15 additional interest revenue as provided by Subsection (c).
66-16 (c) The amount of an interest payment treated as principal
66-17 under Subsection (a) or the amount of a discount treated as
66-18 additional revenue under Subsection (b) shall be determined at the
66-19 end of a period using an interest method that produces a periodic
66-20 interest revenue or expenditure, including amortization, that
66-21 represents a level effective interest rate on the sum of the
66-22 maturity value of the fixed-income security and its unamortized
66-23 premium or discount at the beginning of the period. The difference
66-24 between the amount computed and the stated interest revenue on the
66-25 outstanding amount of the fixed-income security is the amount of
66-26 the periodic amortization.
67-10 fixed-income security.
67-11 Explanation: This change is necessary to permit the State
67-12 Board of Education to use generally accepted accounting principles
67-13 in amortizing the principal of and interest on certain securities
67-14 purchased for the permanent school fund. This change is also
67-15 necessary to conform the new code to the current code, as amended
67-16 by S.B. No. 409, effective September 1, 1995.
67-17 (122) Subdivision (3), Senate Rule 12.03, is suspended to
67-18 permit the committee to add text to Subsection (b), Section 44.002,
67-19 Education Code, to read as follows:
67-20 (b) The budget must be prepared according to generally
67-21 accepted accounting principles, rules adopted by the State Board of
67-22 Education, and adopted policies of the board of trustees.
67-23 Explanation: This change is necessary to include language
67-24 that appeared in Subdivision (6), Subsection (d), Section 12.181,
67-25 in the engrossed version.
67-26 (123) Subdivisions (1), (2), and (3), Senate Rule 12.03, are
68-10 the district:
68-11 (1) competitive bidding;
68-12 (2) competitive sealed proposals;
68-13 (3) a request for proposals;
68-14 (4) a catalogue purchase as provided by Subchapter B,
68-15 Chapter 2157, Government Code;
68-16 (5) an interlocal contract; or
68-17 (6) a design/build contract.
68-18 (b) In determining to whom to award a contract, the district
68-19 may consider:
68-20 (1) the purchase price;
68-21 (2) the reputation of the vendor and of the vendor's
68-22 goods or services;
68-23 (3) the quality of the vendor's goods or services;
68-24 (4) the extent to which the goods or services meet the
68-25 district's needs;
68-26 (5) the vendor's past relationship with the district;
69-10 property and to impose consistent restrictions on purchases of
69-11 personal property and certain contracts made in relation to
69-12 buildings.
69-13 (124) Subdivision (1), Senate Rule 12.03, is suspended to
69-14 permit the committee to change Subsection (g), Section 44.031,
69-15 Education Code (Subsection (h), Section 44.031, Education Code, in
69-16 engrossed version and house special printing), to read as follows:
69-17 (g) Notice of the time when and place where the bids or
69-18 proposals will be received shall be published in the county in
69-19 which the district's central administrative office is located, once
69-20 a week for at least two weeks before the date set for awarding the
69-21 contract, except that on contracts involving less than $25,000, the
69-22 advertising may be limited to two successive issues of any
69-23 newspaper published in the county in which the district's central
69-24 administrative office is located, and if there is not a newspaper
69-25 in that county, the advertising shall be published in a newspaper
69-26 in the county nearest the county seat of the county in which the
70-10 authorizes separate, sequential, or component purchases to avoid
70-11 the requirements of Section 44.031(a) or (b). An offense under
70-12 this subsection is a Class B misdemeanor and is an offense
70-13 involving moral turpitude.
70-14 Explanation: This change is necessary to conform to changes
70-15 made under Section 44.031.
70-16 (126) Subdivisions (1) and (2), Senate Rule 12.03, are
70-17 suspended to permit the committee to change Subsection (a), Section
70-18 44.033, Education Code, to read as follows:
70-19 (a) A school district shall purchase personal property as
70-20 provided by this section if the value of the items is at least
70-21 $10,000 but less than $25,000, in the aggregate, for a 12-month
70-22 period. In the alternative, the school district may purchase those
70-23 items in accordance with Sections 44.031(a) and (b).
70-24 Explanation: This change is necessary to conform to changes
70-25 made under Section 44.031.
70-26 (127) Subdivision (2), Senate Rule 12.03, is suspended to
71-10 that exceeds 10 percent of the district's assessed valuation if:
71-11 (1) the bonds are issued for the purpose of
71-12 constructing and equipping a replacement for a building lost to
71-13 fire or natural disaster;
71-14 (2) the bonds are issued in an amount necessary for
71-15 that purpose, less the amount paid by insurance covering the loss;
71-16 and
71-17 (3) the resulting aggregate principal amount of tax
71-18 bond indebtedness does not exceed 16 percent of the district's
71-19 assessed valuation.
71-20 Explanation: The omission of the ad valorem tax limit
71-21 computed according to assessed value of property in the district
71-22 would permit greater local control of tax decisions subject to
71-23 Subsection (e), Section 45.003, Education Code, and would enable
71-24 districts that have reached the limit to issue bonds for necessary
71-25 school facilities.
71-26 (128) Subdivision (2), Senate Rule 12.03, is suspended to
72-10 to read as follows:
72-11 (c) "Real property" means any interest in land, buildings,
72-12 or fixtures permanently attached to buildings or land.
72-13 Explanation: This change is necessary to include fixtures
72-14 permanently attached to land within the definition of real
72-15 property.
72-16 (130) Subdivisions (3) and (4), Senate Rule 12.03, are
72-17 suspended to permit the committee to add a new Subsection (c) to
72-18 Section 45.082 to read as follows and to reletter subsequent
72-19 subsections appropriately:
72-20 (c) The board is not required to determine that the real
72-21 property is not required for the current needs of the district if
72-22 the sale is:
72-23 (1) to a corporation established by the district under
72-24 Article 717s, Revised Statutes; and
72-25 (2) subject to a lease-purchase agreement under which
72-26 the district will acquire the real property.
73-10 district or accumulation of districts that operates a school
73-11 designated as an area school for career and technology education
73-12 purposes or that participates in a designated area career and
73-13 technology education program shall use its annual county available
73-14 school fund apportionment, if any, in the operation of the area
73-15 school or program or in financing facilities for the school,
73-16 notwithstanding any laws to the contrary.
73-17 Explanation: This change is necessary to conform to changes
73-18 in terminology made in other portions of the bill.
73-19 (132) Subdivisions (1), (2), (3), and (4), Senate Rule
73-20 12.03, are suspended to permit the committee to substitute the
73-21 following for Subchapter H, Chapter 45, Education Code:
73-22 SUBCHAPTER H. ASSESSMENT AND COLLECTION OF TAXES
73-23 Sec. 45.231. EMPLOYMENT OF ASSESSOR AND COLLECTOR. (a) The
73-24 board of trustees of an independent school district may employ a
73-25 person to assess or collect the school district's taxes and may
73-26 compensate the person as the board of trustees considers
74-10 Chapter 23, as that subchapter existed on January 1, 1994, but that
74-11 is not authorized by Section 45.231 or by Subchapter B, Chapter 6,
74-12 Tax Code, may continue to use that method of selection until the
74-13 school district uses another method authorized by Section 45.231 or
74-14 by Subchapter B, Chapter 6, Tax Code, to determine how the
74-15 assessment or collection is performed.
74-16 Explanation: This change is necessary to omit outdated
74-17 procedures relating to tax assessors and collectors, to allow broad
74-18 local discretion to employ a tax assessor and collector, and to
74-19 preserve current exceptions and authorizations.
74-20 (133) Subdivision (1), Senate Rule 12.03, is suspended to
74-21 permit the committee to amend redesignated Chapter 133, Education
74-22 Code, as amended by Section 3 of the bill (Section 31 in engrossed
74-23 version) to strike references to "vocational education" and
74-24 substitute "career and technology education."
74-25 Explanation: This change is necessary to conform to changes
74-26 in federal law terminology.
75-10 Education Coordinating Board to the Texas Employment Commission.
75-11 (135) Subdivision (3), Senate Rule 12.03, is suspended to
75-12 permit the committee to amend redesignated Chapter 51, Education
75-13 Code, as amended by Section 4 of the bill (Section 32 in engrossed
75-14 version) to add Subsection (h) to Section 51.752 to read as
75-15 follows:
75-16 (h) If the legislature fails to appropriate funds for the
75-17 operation of the Educational Economic Policy Center, the
75-18 Legislative Budget Board shall perform the duties of the committee
75-19 under this subchapter. The board shall make the annual reports
75-20 required by Subsection (g) to the presiding officers of the
75-21 standing committees of the senate and the house of representatives
75-22 with primary jurisdiction over the public school system.
75-23 Explanation: This change is necessary to allow the functions
75-24 of the Educational Economic Policy Center to be performed in the
75-25 absence of specific appropriations.
75-26 (136) Subdivision (1), Senate Rule 12.03, is suspended to
76-10 (137) Subdivision (4), Senate Rule 12.03, is suspended to
76-11 permit the committee to amend Subsection (c), Section 822.201,
76-12 Government Code, as amended in Section 35 of the bill, to read as
76-13 follows:
76-14 (c) Excluded from salary and wages are expense payments,
76-15 allowances, payments for unused vacation or sick leave, maintenance
76-16 or other nonmonetary compensation, fringe benefits, deferred
76-17 compensation other than as provided by Subsection (b)(3),
76-18 compensation that is not made pursuant to a valid employment
76-19 agreement, payments received in the 1995-96 or a subsequent school
76-20 year for teaching a driver education and traffic safety course, and
76-21 any compensation not described in Subsection (b).
76-22 Explanation: This change is necessary to exclude payments
76-23 made for nonacademic activities from being used to determine
76-24 contributions or benefits under the Teacher Retirement System of
76-25 Texas.
76-26 (138) Subdivisions (1) and (3), Senate Rule 12.03, are
77-10 district shall pay the state's contribution on the portion of the
77-11 member's salary that exceeds the statutory minimum or former
77-12 statutory minimum, as applicable.
77-13 (b) For purposes of this section, the statutory minimum
77-14 salary is the salary provided by Section 21.402 or the former
77-15 Sections 16.056 and 16.058, Education Code, multiplied by the cost
77-16 of education adjustment applicable under Section 42.102 <16.102>,
77-17 Education Code, to the district in which the member is employed.
77-18 (b-1) Notwithstanding Subsections (a) and (b), for the
77-19 1995-1996 school year, for a member entitled to the minimum salary
77-20 for certain school personnel under Section 21.4011, Education Code,
77-21 the employing district shall pay the state's contribution on the
77-22 portion of the member's salary that exceeds the statutory minimum.
77-23 For purposes of this section, for the 1995-1996 school year, the
77-24 statutory minimum salary is the salary provided by Section 21.4011,
77-25 Education Code, multiplied by the cost of education adjustment
77-26 applicable under Section 42.102, Education Code, to the district in
78-10 senate engrossment; Section 47 in the house special printing),
78-11 which reads as follows:
78-12 SECTION 47. CONFORMING AMENDMENT. Subsection (b), Section
78-13 98A, Public Utility Regulatory Act (Article 1446c, Vernon's Texas
78-14 Civil Statutes), is amended to read as follows:
78-15 (b) In this section, "interactive multimedia communications"
78-16 þ_means real-time, two-way, interactive voice, video, and data
78-17 communications conducted over networks that link geographically
78-18 dispersed locations <has the meaning assigned by Section
78-19 14.0451(a), Education Code>.
78-20 Explanation: The omission is necessary because the provision
78-21 amended the Public Utility Regulatory Act, which has since been
78-22 repealed and replaced with the Public Utility Regulatory Act of
78-23 1995.
78-24 (140) Subdivision (3), Senate Rule 12.03, is suspended to
78-25 permit the committee to add the following sections:
78-26 SECTION 49. CONFORMING AMENDMENT. Section 3.355(h)(2),
79-10 (C) private institutions of higher education
79-11 accredited by a recognized accrediting agency as defined by Section
79-12 61.003(13), Education Code;
79-13 (D) the Texas <Central> Education Agency, its
79-14 successors and assigns;
79-15 (E) regional education service centers
79-16 established and operated pursuant to Chapter 8 <Sections 11.32 and
79-17 11.33>, Education Code; and
79-18 (F) the Texas Higher Education Coordinating
79-19 Board, its successors and assigns.
79-20 SECTION 50. CONFORMING AMENDMENT. Section 3.358(b), Public
79-21 Utility Regulatory Act of 1995, as enacted by Chapter 9, Acts of
79-22 the 74th Legislature, Regular Session, 1995, is amended to read as
79-23 follows:
79-24 (b) In this section, "interactive multimedia communications"
79-25 means real-time, two-way, interactive voice, video, and data
79-26 communications conducted over networks that link geographically
80-10 and replaced with the Public Utility Regulatory Act of 1995.
80-11 (141) Subdivision (4), Senate Rule 12.03, is suspended to
80-12 permit the committee in Section 51 of the conference committee
80-13 report to amend Section 22, Psychologists' Certification and
80-14 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), to
80-15 read as follows:
80-16 Sec. 22. EXEMPTIONS. Nothing in this Act shall be construed
80-17 to apply to:
80-18 (a) the activities, services and use of official title
80-19 on the part of a person employed as a psychologist or psychological
80-20 associate by any: (1) governmental agency<, (2) public school
80-21 district, or (2) þ-(3)> regionally accredited institution of higher
80-22 education provided such employee is performing those duties for
80-23 which he is employed by such agency<, district,> or institution and
80-24 within the confines of such agency<, district,> or institution
80-25 insofar as such activities and services are a part of the duties of
80-26 his office or position as a psychologist or psychological associate
81-10 (b) the activities and services of a student, intern
81-11 or resident in psychology, pursuing a course of study in
81-12 preparation for the profession of psychology under qualified
81-13 supervision in recognized training institutions or facilities, if
81-14 these activities and services constitute a part of his supervised
81-15 course of study, provided that such an individual is designated by
81-16 a title such as "psychological intern," "psychological trainee," or
81-17 others clearly indicating such training status;
81-18 (c) the activities and services of members of other
81-19 licensed professions, including physicians, surgeons, attorneys,
81-20 registered nurses, licensed vocational nurses, occupational
81-21 therapists, certified social workers, licensed professional
81-22 counselors, career counselors, licensed marriage and family
81-23 therapists, and licensed chemical dependency counselors, if the
81-24 activities and services are permitted under the applicable license
81-25 and the members do not represent themselves to be psychologists or
81-26 describe their services by the use of the term "psychological";
82-10 "psychological."
82-11 Explanation: This change is necessary to require school
82-12 psychologists to be licensed by the Texas State Board of Examiners
82-13 of Psychologists rather than certified by the Central Education
82-14 Agency.
82-15 (142) Subdivision (4), Senate Rule 12.03, is suspended to
82-16 permit the committee in Section 51 of the conference committee
82-17 report to add Section 26, Psychologists' Certification and
82-18 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), to
82-19 read as follows:
82-20 Sec. 26. LICENSED SPECIALIST IN SCHOOL PSYCHOLOGY. (a) The
82-21 board by rule shall adopt the license classification of "licensed
82-22 specialist in school psychology." A license issued under this
82-23 section constitutes the appropriate credential for a person to
82-24 provide psychological services in a school in this state as
82-25 required by Section 21.003(b), Education Code.
82-26 (b) The board shall set the standards for qualification of a
83-10 þ_(3) completion of a minimum of 1,200 hours of
83-11 supervised experience;
83-12 (4) receipt of a passing score on a nationally
83-13 recognized qualifying examination determined to be appropriate by
83-14 the board and on any other examination determined to be necessary
83-15 by the board; and
83-16 (5) satisfaction of the requirements imposed under
83-17 Section 11(d) of this Act.
83-18 (c) The rules of practice for a licensed specialist in
83-19 school psychology must comply with nationally recognized standards
83-20 for the practice of school psychology.
83-21 Explanation: This change is necessary to require the setting
83-22 of standards for persons who provide psychological services in
83-23 schools.
83-24 (143) Subdivision (1), Senate Rule 12.03, is suspended to
83-25 permit the committee in Section 53 of the conference committee
83-26 report (Section 63 in engrossed version; Section 50 in house
84-10 permit the committee in Section 58 of the conference committee
84-11 report (Section 79 in engrossed version; Section 54 in house
84-12 special printing) to repeal the heading to Subchapter A, Chapter
84-13 34, Education Code.
84-14 Explanation: This change is necessary because the substance
84-15 of Subchapter A, Chapter 34, has been repealed.
84-16 (145) Subdivision (4), Senate Rule 12.03, is suspended to
84-17 permit the committee in Section 58 of the conference committee
84-18 report (Section 79 in engrossed version; Section 54 in house
84-19 special printing) to repeal Section 3A, Chapter 280, Acts of the
84-20 53rd Legislature, Regular Session, 1953 (Article 6701d-1, Vernon's
84-21 Texas Civil Statutes).
84-22 Explanation: This change is necessary to conform to changes
84-23 made to Section 34.004.
84-24 (146) Subdivision (4), Senate Rule 12.03, is suspended to
84-25 permit the committee in Section 63 of the conference committee
84-26 report (Section 89 in engrossed version) to add the following text:
85-10 Chapter 21, Education Code, as added by this Act, in the case of a
85-11 person required to hold a certificate under Section 21.003(a),
85-12 Education Code, as added by this Act.
85-13 (g) A person who is employed by a public school in a
85-14 position described by Section 21.003(b), Education Code, as added
85-15 by this Act, other than the position of school psychologist or
85-16 associate school psychologist, and who holds a certificate issued
85-17 by the Central Education Agency or the Texas Education Agency under
85-18 former Subchapter B, Chapter 13, Education Code, before September
85-19 1, 1996, may continue to practice under that certificate. A person
85-20 practicing under a certificate to which this subsection applies may
85-21 practice only in the employment of a public school.
85-22 (h) Not later than November 1, 1997, the State Board for
85-23 Educator Certification shall propose rules relating to educator
85-24 certification, including alternative certification, educator
85-25 appraisals, and certification sanctions, and other rules the board
85-26 is required to propose under Subchapter B, Chapter 21. Rules
86-10 Subsection (a) of Section 64 of the conference committee report
86-11 (Subsection (a), Section 90, in engrossed version; Subsection (a),
86-12 Section 58, in house special printing) to read as follows:
86-13 (a) Not later than November 1, 1995, the State Board of
86-14 Education shall adopt rules for the certification of hearing
86-15 examiners under Section 21.252, Education Code, as added by this
86-16 Act. Notwithstanding Section 7.102(e), Education Code, as added by
86-17 this Act, rules adopted under this subsection take effect as
86-18 provided by Chapter 2001, Government Code.
86-19 Explanation: This change is necessary to provide that rules
86-20 for the certification of hearing examiners take effect as provided
86-21 by the Administrative Procedure Act rather than as provided by
86-22 Subsection (e), Section 7.102, Education Code, under which a rule
86-23 does not take effect until the beginning of the school year that
86-24 begins at least 90 days after the date on which the rule was
86-25 adopted.
86-26 (148) Subdivision (4), Senate Rule 12.03, is suspended to
87-10 Explanation: This change is necessary to permit a public
87-11 school employee to retain any sick leave the employee accumulated
87-12 as state minimum sick leave under former Subsection (c), Section
87-13 13.904.
87-14 (149) Subdivision (4), Senate Rule 12.03, is suspended to
87-15 permit the committee to add text in Section 69 of the conference
87-16 committee report to read as follows:
87-17 SECTION 69. TRANSITION PROVISION RELATING TO TEXTBOOKS.
87-18 (a) The addition of Chapter 31, Education Code, by this Act does
87-19 not affect the terms or validity of any contract entered into by
87-20 the State Board of Education in accordance with former Chapter 12,
87-21 Education Code, as that chapter existed at the time the contract
87-22 was entered into, and that chapter is continued in effect for that
87-23 purpose.
87-24 (b) The State Board of Education shall proceed with the
87-25 adoption of textbooks whose adoption is in progress on the
87-26 effective date of this Act, and Chapter 12, Education Code, as that
88-10 conference committee report (Section 98 in engrossed version;
88-11 Section 68 in house special printing) to the "commissioner of
88-12 higher education" and the "Texas Higher Education Coordinating
88-13 Board" and substitute references to the "Texas Employment
88-14 Commission" and to strike references to the "State Board for Career
88-15 and Technical Education" and substitute references to the "State
88-16 Board for Career and Technology Education."
88-17 Explanation: The change regarding the references to the
88-18 Texas Employment Commission is necessary to conform to provisions
88-19 granting the Texas Employment Commission authority over
88-20 apprenticeship training provisions. The change regarding
88-21 references to the State Board for Career and Technology Education
88-22 is necessary to conform to terminology used in federal law.
88-23 (151) Subdivision (4), Senate Rule 12.03, is suspended to
88-24 permit the committee to add text in Section 73 of the conference
88-25 committee report to read as follows:
88-26 SECTION 73. APPLICABILITY OF SECTION 41.098, EDUCATION CODE.
89-10 of Education shall retain an independent accounting firm to perform
89-11 a financial audit of the permanent school fund before the board
89-12 implements a contract for investment of the permanent school fund
89-13 by a corporation pursuant to the authority granted by Section
89-14 43.006, Education Code, as added by this Act.
89-15 Explanation: This change is necessary to require an audit of
89-16 the permanent school fund before a corporation invests the money in
89-17 the fund on behalf of the State Board of Education.
89-18 (153) Subdivision (4), Senate Rule 12.03, is suspended to
89-19 permit the committee to add text in Section 75 of the conference
89-20 committee report to read as follows:
89-21 SECTION 75. APPLICABILITY OF SECTION 43.008(c), EDUCATION
89-22 CODE. Section 43.008(c), Education Code, as added by this Act,
89-23 applies to each fixed-income security purchased as an investment
89-24 for the permanent school fund regardless of the date of purchase.
89-25 Explanation: This change is necessary to clarify the
89-26 fixed-income securities to which Subsection (c), Section 43.008,
90-10 is entitled to a license as a licensed school psychologist under
90-11 Section 26, Psychologists' Certification and Licensing Act (Article
90-12 4512c, Vernon's Texas Civil Statutes), as added by this Act,
90-13 without examination, if the person applies to the Texas State Board
90-14 of Examiners of Psychologists for the license before September 1,
90-15 1997, and pays the appropriate fees set by that board.
90-16 (b) A person who is employed by a public school as a school
90-17 psychologist or associate school psychologist and who holds a
90-18 certificate issued by the Central Education Agency or the Texas
90-19 Education Agency under former Subchapter B, Chapter 13, Education
90-20 Code, may continue to practice under that certificate until the
90-21 person obtains a license as a licensed school psychologist as
90-22 provided by Subsection (a) of this section.
90-23 Explanation: This change is necessary to provide a
90-24 transition provision for licensing of school psychologists.
90-25 (155) Subdivision (4), Senate Rule 12.03, is suspended to
90-26 permit the committee to add text in Section 83 of the conference
91-10 as a system to provide these students with appropriate education
91-11 and career training. Individuals trained in diagnostic and
91-12 evaluation procedures must be involved in the development of the
91-13 board's proposal.
91-14 Explanation: This change is necessary to require the State
91-15 Board of Education to submit to the legislature a proposal to
91-16 identify and assist certain students requiring special services.
91-17 (156) Subdivision (4), Senate Rule 12.03, is suspended to
91-18 permit the committee to add text in Section 84 of the conference
91-19 committee report to read as follows:
91-20 SECTION 84. RECOMMENDATION CONCERNING HIGH SCHOOL PROGRAMS
91-21 OF STUDY. Not later than January 1, 1997, the commissioner of
91-22 education shall report to the legislature concerning recommended
91-23 high school programs of study for college preparation and for broad
91-24 career concentrations in areas such as arts and communication,
91-25 business and management, health services, human resources,
91-26 industrial and engineering systems, and natural resources. The
92-10 permit the committee to add text in Section 85 of the conference
92-11 committee report to read as follows:
92-12 SECTION 85. LEGISLATIVE BUDGET BOARD STUDY OF ALLOTMENTS AND
92-13 ADJUSTMENTS UNDER CHAPTER 42, EDUCATION CODE. (a) The Legislative
92-14 Budget Board shall study the various allotments and adjustments
92-15 provided for by Chapter 42, Education Code, for the purpose of
92-16 improving the efficient distribution of state funds.
92-17 (b) As part of this study, the board shall review the method
92-18 by which the state funds the school transportation system. The
92-19 purpose of this review is to improve efficiency and reduce the
92-20 paperwork burden on school districts. The board shall also audit
92-21 each school district whose transportation allocation significantly
92-22 deviates from the average allocation on a student density basis to
92-23 determine the reasons for that deviation.
92-24 (c) The board shall report its findings to the legislature
92-25 not later than November 1, 1996.
92-26 Explanation: This change is necessary to require the
93-10 ______________________________________
93-11 Secretary of the Senate