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