Suspending limitations on conference committee
jurisdiction, S.B. 1
By ____________________ S.R. No. ____
74R14061 ESH/CAS/KKA-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the Senate of the State of Texas, 74th
1-2 Legislature, Regular Session, 1995, That Senate Rule 12.03 be
1-3 suspended in part as provided by Senate Rule 12.08 to enable the
1-4 conference committee appointed to resolve the differences on Senate
1-5 Bill No. 1 to consider and take action on the following matters:
1-6 (1) Senate Rule 12.03(4) is suspended to permit the
1-7 committee to add text to Section 1.003, Education Code, to read as
1-8 follows:
1-9 Sec. 1.003. THE FLYING OF THE UNITED STATES AND TEXAS FLAGS.
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) Senate Rule 12.03(1) is suspended to permit the
1-16 committee to delete "vocational" and substitute "career and
1-17 technology" in Section 5.001(2), Education Code.
1-18 Explanation: The language is changed to conform with
1-19 terminology used in federal law.
1-20 (3) Senate Rule 12.03(1) is suspended to permit the
1-21 committee to amend Section 7.056(e)(3)(A), Education Code (Section
1-22 7.104(e)(1), Education Code, in engrossed version), to read as
1-23 follows:
1-24 (e) Except as provided by Subsection (f), a school campus or
2-1 district may not receive an exemption or waiver under this section
2-2 from:
2-3 . . .
2-4 (3) a requirement, restriction, or prohibition
2-5 relating to:
2-6 (A) essential knowledge or skills under Section
2-7 28.001 or minimum graduation requirements under Section 28.025;
2-8 Explanation: This change is necessary to conform to changes
2-9 made to the commissioner of education's and State Board of
2-10 Education's duties relating to curriculum requirements under
2-11 Subchapter A, Chapter 28.
2-12 (4) Senate Rule 12.03(1) is suspended to permit the
2-13 committee to amend Section 7.056(e)(3)(B), Education Code (Section
2-14 7.104(e)(2), Education Code, in engrossed version), to read as
2-15 follows:
2-16 (e) Except as provided by Subsection (f), a school campus or
2-17 district may not receive an exemption or waiver under this section
2-18 from:
2-19 . . .
2-20 (3) a requirement, restriction, or prohibition
2-21 relating to:
2-22 . . .
2-23 (B) public school accountability as provided by
2-24 Subchapters B, C, D, and G, Chapter 39;
2-25 Explanation: This change is necessary to conform to changes
2-26 made to Chapter 39, relating to the applicability of that chapter
2-27 to school districts operating under a charter.
3-1 (5) Senate Rule 12.03(1) is suspended to permit the
3-2 committee to substitute "purchasing" for "competitive bidding" in
3-3 Section 7.056(e)(3)(E), Education Code (Section 7.104(e)(12),
3-4 Education Code, in engrossed version).
3-5 Explanation: This change is necessary to conform to
3-6 Subchapter B, Chapter 44, which pertains not only to competitive
3-7 bidding but also to purchasing by other means.
3-8 (6) Senate Rule 12.03(1) is suspended to permit the
3-9 committee to amend Section 7.056(f)(3)(A), Education Code (Section
3-10 7.104(f)(2), Education Code, in engrossed version), to read as
3-11 follows:
3-12 (f) A school district or campus that is required to develop
3-13 and implement a student achievement improvement plan under Section
3-14 39.131 may receive an exemption or waiver under this section from
3-15 any law or rule other than:
3-16 . . .
3-17 (3) a requirement, restriction, or prohibition imposed
3-18 by state law or rule relating to:
3-19 (A) public school accountability as provided by
3-20 Subchapters B, C, D, and G, Chapter 39; or . . . .
3-21 Explanation: This change is necessary to conform to changes
3-22 made to Chapter 39, relating to the applicability of that chapter
3-23 to school districts operating under a charter.
3-24 (7) Senate Rule 12.03(3) is suspended to permit the
3-25 committee to add text in Section 7.056(f)(4), Education Code
3-26 (Section 7.104(f), Education Code, in engrossed version), to read
3-27 as follows:
4-1 (f) A school district or campus that is required to develop
4-2 and implement a student achievement improvement plan under Section
4-3 39.131 may receive an exemption or waiver under this section from
4-4 any law or rule other than:
4-5 . . .
4-6 (4) textbook selection under Chapter 31.
4-7 Explanation: This change is necessary to prohibit a school
4-8 district or campus that is required to develop and implement a
4-9 student achievement improvement plan from receiving an exemption or
4-10 waiver from requirements regarding textbook selection.
4-11 (8) Senate Rule 12.03(3) is suspended to permit the
4-12 committee to add text in Section 7.057(b), Education Code (Section
4-13 7.105(b), Education Code, in engrossed version), to read as
4-14 follows:
4-15 (b) Except as provided by Subsection (c), the commissioner,
4-16 after due notice to the parties interested, shall hold a hearing
4-17 and issue a decision without cost to the parties involved. In
4-18 conducting a hearing under this subsection, the commissioner has
4-19 the same authority relating to discovery and conduct of a hearing
4-20 as an independent hearing examiner has under Subchapter F, Chapter
4-21 21. This section does not deprive any party of any legal remedy.
4-22 Explanation: This change is necessary to clarify the
4-23 authority of the commissioner in conducting a hearing.
4-24 (9) Senate Rule 12.03(1) is suspended to permit the
4-25 committee to amend Section 7.105, Education Code (Section 7.055,
4-26 Education Code, in engrossed version), to read as follows:
4-27 Sec. 7.105. COMPENSATION AND REIMBURSEMENT. (a) A member
5-1 of the board is not entitled to receive compensation.
5-2 (b) A member of the board is entitled to reimbursement of
5-3 the member's expenses as provided by law.
5-4 Explanation: This change is necessary because the reference
5-5 to reimbursement of expenses as provided by law includes the
5-6 specific instances in which reimbursement is permitted as provided
5-7 by the senate and house versions of the bill.
5-8 (10) Senate Rule 12.03(1) is suspended to permit the
5-9 committee to strike references in Section 7.109, Education Code
5-10 (Section 7.061, Education Code, in engrossed version), to the
5-11 "State Board for Career and Technical Education" and substitute
5-12 references to the "State Board for Career and Technology
5-13 Education."
5-14 Explanation: This change is necessary to conform to language
5-15 used in federal law.
5-16 (11) Senate Rule 12.03(4) is suspended to permit the
5-17 committee to add text to Section 11.051(c), Education Code, to read
5-18 as follows:
5-19 A board of trustees that votes to increase its membership must
5-20 consider whether the district would benefit from also adopting a
5-21 single-member election system under Section 11.052.
5-22 Explanation: This change is necessary to require a board of
5-23 trustees that decides to increase its membership to consider the
5-24 benefits of adopting single-member trustee districts.
5-25 (12) Senate Rule 12.03(4) is suspended to permit the
5-26 committee to add Subdivision (13) to Section 11.158(a), Education
5-27 Code (Section 12.109(a), Education Code, in engrossed version;
6-1 Section 11.108(a), Education Code, in house special printing), to
6-2 read as follows:
6-3 (13) a fee for a course offered during summer school,
6-4 except that the board may charge a fee for a course required for
6-5 graduation only if the course is offered without a fee during the
6-6 regular school year.
6-7 Explanation: This change is necessary to allow the board of
6-8 trustees of an independent school district to continue to charge a
6-9 fee for certain summer school courses. Under current law boards
6-10 may charge the fee based on a rule adopted by the State Board of
6-11 Education under Section 20.53(c), Education Code, which conveys
6-12 broad authority for rules regarding fees. Current Section 20.53(c)
6-13 is omitted from S.B. 1. As a result, specific authority for the
6-14 particular fee is necessary.
6-15 (13) Senate Rule 12.03(1) is suspended to permit the
6-16 committee to delete "vocational-technical" and substitute "career
6-17 and technology" in Section 11.158(g), Education Code (Section
6-18 12.109(f), Education Code, in engrossed version; Section 11.108(g),
6-19 Education Code, in house special printing).
6-20 Explanation: The language is changed to conform with
6-21 terminology used in federal law.
6-22 (14) Senate Rule 12.03(1) is suspended to permit the
6-23 committee to amend Section 11.159(a), Education Code (Section
6-24 12.110(a), Education Code, in engrossed version; Section 11.109,
6-25 Education Code, in house special printing), to read as follows:
6-26 (a) The State Board of Education shall provide a training
6-27 course for independent school district trustees to be offered by
7-1 the regional education service centers. Registration for a course
7-2 must be open to any interested person, including current and
7-3 prospective board members, and the state board may prescribe a
7-4 registration fee designed to offset the costs of providing that
7-5 course.
7-6 Explanation: This change is necessary to authorize regional
7-7 education service centers to be the sole provider of training
7-8 courses designed by the State Board of Education for members of
7-9 boards of trustees.
7-10 (15) Senate Rule 12.03(4) is suspended to permit the
7-11 committee to add Section 12.003, Education Code, to read as
7-12 follows:
7-13 Sec. 12.003. AUTHORITY OF BOARD OF TRUSTEES TO GRANT OTHER
7-14 CHARTERS. This chapter does not limit the authority of the board
7-15 of trustees of a school district to grant a charter to a campus or
7-16 program to operate in accordance with the other provisions of this
7-17 title and rules adopted under those provisions.
7-18 Explanation: This change is necessary to clarify that the
7-19 board of trustees of a school district can create a "charter
7-20 school" on its own, but such a school is not exempt from Title 2.
7-21 (16) Senate Rule 12.03(4) is suspended to permit the
7-22 committee to add Subsection (b) to Section 12.011, Education Code
7-23 (Section 11.051, Education Code, in engrossed version; Section
7-24 12.011, Education Code, in house special printing), to read as
7-25 follows:
7-26 (b) The adoption of a home-rule school district charter by a
7-27 school district does not affect:
8-1 (1) the district's boundaries; or
8-2 (2) taxes or bonds of the district authorized before
8-3 the effective date of the charter.
8-4 Explanation: This change is necessary to preclude legal
8-5 questions as to a school district's boundaries or its ability to
8-6 levy a tax or sell bonds that were approved before the district
8-7 adopted a home-rule charter.
8-8 (17) Senate Rule 12.03(3) is suspended to permit the
8-9 committee to add Subsection (a) to Section 12.013, Education Code
8-10 (Section 11.053, Education Code, in engrossed version; Section
8-11 12.013, Education Code, in house special printing), to read as
8-12 follows:
8-13 (a) A home-rule school district has the powers and
8-14 entitlements granted to school districts and school district boards
8-15 of trustees under this title, including taxing authority.
8-16 Explanation: This change is necessary to clarify that a
8-17 home-rule school district has the same entitlements under Title 2
8-18 as any other school district.
8-19 (18) Senate Rule 12.03(4) is suspended to permit the
8-20 committee to add text to Section 12.015(b), Education Code (Section
8-21 11.055, Education Code, in engrossed version; Section 12.015,
8-22 Education Code, in house special printing), to read as follows:
8-23 The membership of the charter commission must reflect the
8-24 racial, ethnic, socioeconomic, and geographic diversity of the
8-25 district.
8-26 Explanation: This change is necessary to ensure that a
8-27 home-rule charter commission reflects the racial, ethnic,
9-1 socioeconomic, and geographic diversity of the school district.
9-2 (19) Senate Rule 12.03(2) is suspended to permit the
9-3 committee to omit Subdivision (2) of Section 11.056, Education Code
9-4 (engrossed version), and Subdivision (2) of Section 12.016,
9-5 Education Code (house special printing), which reads as follows:
9-6 (2) specify the district requirements on elementary
9-7 school class-size limits;
9-8 Explanation: This change is necessary to conform to changes
9-9 made to Section 12.013(b), which provide that a home-rule school
9-10 district is subject to elementary school class-size limits only in
9-11 the case of a low-performing campus.
9-12 (20) Senate Rule 12.03(4) is suspended to permit the
9-13 committee to add Section 12.017(a), Education Code (Section
9-14 12.0161, Education Code, in house special printing), to read as
9-15 follows:
9-16 (a) The charter commission shall submit the proposed charter
9-17 to the secretary of state. The secretary of state shall determine
9-18 whether a proposed charter contains a change in the governance of
9-19 the school district.
9-20 Explanation: This change is necessary to require a charter
9-21 commission to submit a proposed home-rule charter to the secretary
9-22 of state so that the secretary may review the charter and if
9-23 necessary recommend to the governing body that the charter should
9-24 be submitted for preclearance under the Voting Rights Act.
9-25 (21) Senate Rule 12.03(4) is suspended to permit the
9-26 committee to add Section 12.018, Education Code (Section 11.057,
9-27 Education Code, in engrossed version; Section 12.017, Education
10-1 Code, in house special printing), to read as follows:
10-2 Sec. 12.018. LEGAL REVIEW. The charter commission shall
10-3 submit the proposed charter to the commissioner. As soon as
10-4 practicable, but not later than the 30th day after the date the
10-5 commissioner receives the proposed charter, the commissioner shall
10-6 review the proposed charter to ensure that the proposed charter
10-7 complies with any applicable laws and shall recommend to the
10-8 charter commission any modifications necessary. If the
10-9 commissioner does not act within the prescribed time, the proposed
10-10 charter is approved.
10-11 Explanation: This change is necessary to require a charter
10-12 commission to submit a proposed home-rule charter to the
10-13 commissioner and to clarify that the 30-day period provided to the
10-14 commissioner for reviewing a proposed charter begins on the date
10-15 the commissioner receives the charter.
10-16 (22) Senate Rule 12.03(1) is suspended to permit the
10-17 committee to strike "board of trustees" and substitute "governing
10-18 body" in Sections 12.020(a), (b), (d), and (i), Education Code
10-19 (Section 11.059, Education Code, in engrossed version; Section
10-20 12.019, Education Code, in house special printing).
10-21 Explanation: This change is necessary because a home-rule
10-22 school district may adopt a governing structure that does not
10-23 include a "board of trustees."
10-24 (23) Senate Rule 12.03(4) is suspended to permit the
10-25 committee to add Subsection (j) to Section 12.020, Education Code
10-26 (Section 11.059, Education Code, in engrossed version; Section
10-27 12.019, Education Code, in house special printing), to read as
11-1 follows:
11-2 (j) Section 12.017 applies to a proposed charter amendment,
11-3 except that the governing body shall submit the proposed charter
11-4 amendment to the secretary of state.
11-5 Explanation: This change is necessary to require the
11-6 governing body of a home-rule school district to submit a proposed
11-7 charter amendment to the secretary of state so that the secretary
11-8 may review the amendment and if necessary recommend to the
11-9 governing body that the amendment should be submitted for
11-10 preclearance under the Voting Rights Act.
11-11 (24) Senate Rule 12.03(4) is suspended to permit the
11-12 committee to add Subsection (c) to Section 12.021, Education Code
11-13 (Section 11.060, Education Code, in engrossed version; Section
11-14 12.020, Education Code, in house special printing), to read as
11-15 follows:
11-16 (c) As soon as practicable after a school district adopts a
11-17 home-rule school district charter or charter amendment, the board
11-18 of trustees or governing body shall notify the commissioner of the
11-19 outcome of the election.
11-20 Explanation: This change is necessary to require the board
11-21 of trustees or governing body to notify the commissioner of the
11-22 outcome of an election on a home-rule charter or charter amendment,
11-23 without regard to whether the charter or amendment is adopted or
11-24 rejected.
11-25 (25) Senate Rule 12.03(4) is suspended to permit the
11-26 committee to add Section 12.027(c), Education Code (Section
11-27 11.065(c), Education Code, in engrossed version; Section 12.025,
12-1 Education Code, in house special printing), to read as follows:
12-2 (c) A district whose home-rule school district charter is
12-3 revoked or rescinded under this subchapter shall operate under the
12-4 other provisions of Title 1 and this title that apply to school
12-5 districts.
12-6 Explanation: This change adds a reference to a home-rule
12-7 school district charter that is rescinded to conform to Section
12-8 12.030.
12-9 (26) Senate Rule 12.03(4) is suspended to permit the
12-10 committee to add Section 12.030, Education Code, to read as
12-11 follows:
12-12 Sec. 12.030. RESCISSION OF CHARTER. (a) A home-rule school
12-13 district charter may be rescinded as provided by this section.
12-14 (b) The governing body of the district shall order an
12-15 election on the question of rescinding a home-rule school district
12-16 charter if:
12-17 (1) the governing body receives a petition requesting
12-18 a rescission election signed by at least five percent of the
12-19 registered voters of the district; or
12-20 (2) at least two-thirds of the total membership of the
12-21 governing body adopt a resolution ordering that a rescission
12-22 election be held.
12-23 (c) As soon as practicable after the date of receipt or
12-24 adoption of a resolution under Subsection (b), the governing body
12-25 shall order an election.
12-26 (d) The proposition to rescind the home-rule school district
12-27 charter shall be submitted to the voters of the district at an
13-1 election to be held on the first uniform election date that occurs
13-2 at least 45 days after the date on which the governing body orders
13-3 the election.
13-4 (e) The ballot shall be printed to permit voting for or
13-5 against the proposition: "Whether the home-rule school district
13-6 charter of (name of school district) shall be rescinded so that the
13-7 school district becomes an independent school district."
13-8 (f) A home-rule school district charter is rescinded if the
13-9 rescission is approved by a majority of the qualified voters of the
13-10 district voting at an election held for that purpose at which at
13-11 least 25 percent of the registered voters of the district vote.
13-12 (g) The rescission takes effect on a date established by
13-13 resolution of the governing body but not later than the 90th day
13-14 after the date of an election held under this section at which
13-15 rescission of the charter is approved and at which the number of
13-16 registered voters required under Subsection (f) vote. As soon as
13-17 practicable after that election, the governing body shall notify
13-18 the commissioner and the secretary of state of the results of the
13-19 election and of the effective date of the rescission.
13-20 (h) The rescission of a home-rule school district charter
13-21 under this section does not affect:
13-22 (1) the district's boundaries; or
13-23 (2) taxes or bonds of the district authorized before
13-24 the effective date of the rescission.
13-25 Explanation: This change is necessary to permit a home-rule
13-26 school district to voluntarily return to the status the district
13-27 had before adopting the home-rule charter.
14-1 (27) Senate Rule 12.03(4) is suspended to permit the
14-2 committee to add Subsection (c) to Section 12.057, Education Code
14-3 (Section 11.204, Education Code, in engrossed version; Section
14-4 12.057, Education Code, in house special printing), to read as
14-5 follows:
14-6 (c) The campus or program is immune from liability to the
14-7 same extent as a school district, and its employees and volunteers
14-8 are immune from liability to the same extent as school district
14-9 employees and volunteers.
14-10 Explanation: This change is necessary to provide that a
14-11 campus or program for which a charter is granted, and the campus's
14-12 or program's employees and volunteers, have the same immunity from
14-13 liability as a school district and its employees and volunteers.
14-14 (28) Senate Rule 12.03(4) is suspended to permit the
14-15 committee to add Section 12.101(a), Education Code (Section
14-16 11.151(a), Education Code, in engrossed version; Section 12.101(a),
14-17 Education Code, in house special printing), to read as follows:
14-18 (a) In accordance with this subchapter, the State Board of
14-19 Education may grant a charter on the application of an eligible
14-20 entity for an open-enrollment charter school to operate in a
14-21 facility of a commercial or nonprofit entity or a school district,
14-22 including a home-rule school district. In this subsection,
14-23 "eligible entity" means:
14-24 (1) an institution of higher education as defined
14-25 under Section 61.003;
14-26 (2) a private or independent institution of higher
14-27 education as defined under Section 61.003;
15-1 (3) an organization that is exempt from taxation under
15-2 Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section
15-3 501(c)(3)); or
15-4 (4) a governmental entity.
15-5 Explanation: This change is necessary to limit the entities
15-6 that may obtain a charter for an open-enrollment school.
15-7 (29) Senate Rule 12.03(4) is suspended to permit the
15-8 committee to add Subdivision (4) to Section 12.102, Education Code
15-9 (Section 11.152, Education Code, in engrossed version; Section
15-10 12.012, Education Code, in house special printing), to read as
15-11 follows:
15-12 (4) does not have authority to impose taxes.
15-13 Explanation: This change is necessary to clarify that an
15-14 open-enrollment charter school does not have taxing authority.
15-15 (30) Senate Rule 12.03(1) is suspended to permit the
15-16 committee to amend Section 12.106(a), Education Code (Section
15-17 11.157(a), Education Code, in engrossed version; Section 12.106(a),
15-18 Education Code, in house special printing), to read as follows:
15-19 (a) An open-enrollment charter school is entitled to the
15-20 distribution from the available school fund for a student attending
15-21 the open-enrollment charter school to which the district in which
15-22 the student resides would be entitled.
15-23 Explanation: This change is necessary to clarify the amount
15-24 of the distribution from the available school fund to which an
15-25 open-enrollment charter school is entitled.
15-26 (31) Senate Rule 12.03(4) is suspended to permit the
15-27 committee to add text to Section 12.111(6), Education Code (Section
16-1 11.162(6), Education Code, in engrossed version; Section 12.110,
16-2 Education Code, in house special printing), to read as follows:
16-3 (6) prohibit discrimination in admission policy on the
16-4 basis of . . . the district the child would otherwise attend in
16-5 accordance with this code . . . .
16-6 Explanation: This change is necessary to prohibit an
16-7 open-enrollment charter school from discriminating in its admission
16-8 policy on the basis of the district in which a child would
16-9 otherwise attend school.
16-10 (32) Senate Rule 12.03(4) is suspended to permit the
16-11 committee to add Subdivision (14) to Section 12.111, Education Code
16-12 (Section 11.162, Education Code, in engrossed version; Section
16-13 12.110, Education Code, in house special printing), to read as
16-14 follows:
16-15 (14) specify any type of enrollment criteria to be
16-16 used.
16-17 Explanation: This change is necessary to require that the
16-18 charter of an open-enrollment charter school specify the school's
16-19 enrollment criteria.
16-20 (33) Senate Rule 12.03(2) is suspended to permit the
16-21 committee to omit text in Section 13.054(f), Education Code
16-22 (Section 13.058(f), Education Code, in engrossed version). The
16-23 omitted text reads as follows:
16-24 A district that receives an adjustment to its local fund
16-25 assignment under this section is not eligible for incentive aid
16-26 under Subchapter G.
16-27 Explanation: This change is necessary because Section
17-1 13.054, Education Code, pertains to annexation, rather than
17-2 consolidation, of certain school districts, and incentive aid
17-3 payments under Subchapter G, Chapter 13, are available only to
17-4 certain school districts created through consolidation.
17-5 (34) Senate Rule 12.03(1) is suspended to permit the
17-6 committee to amend the heading of Section 13.205, Education Code
17-7 (Section 13.125, Education Code, in engrossed version), to read as
17-8 follows:
17-9 Sec. 13.205. DISPOSITION OF TERRITORY; AFFAIRS OF ABOLISHED
17-10 DISTRICT.
17-11 Explanation: This change is necessary to clarify the
17-12 contents of the section.
17-13 (35) Senate Rule 12.03(1) is suspended to permit the
17-14 committee to substitute "state minimum personal leave program" for
17-15 "state minimum sick leave program" in Section 19.009(f), Education
17-16 Code.
17-17 Explanation: This change is necessary to conform to changes
17-18 made by the committee to Section 22.003.
17-19 (36) Senate Rule 12.03(1) is suspended to permit the
17-20 committee to change the text of Section 21.003, Education Code, to
17-21 read as follows:
17-22 Sec. 21.003. CERTIFICATION REQUIRED. (a) A person may not
17-23 be employed as a teacher, teacher intern or teacher trainee,
17-24 librarian, educational aide, administrator, or counselor by a
17-25 school district unless the person holds an appropriate certificate
17-26 or permit issued as provided by Subchapter B.
17-27 (b) A person may not be employed by a school district as an
18-1 audiologist, occupational therapist, physical therapist, physician,
18-2 nurse, school psychologist, associate school psychologist, social
18-3 worker, or speech language pathologist unless the person is
18-4 licensed by the state agency that licenses that profession. A
18-5 person may perform specific services within those professions for a
18-6 school district only if the person holds the appropriate credential
18-7 from the appropriate state agency.
18-8 Explanation: This change is necessary to clarify the text of
18-9 this section and to conform to other changes made by the bill.
18-10 (37) Senate Rule 12.03(1) is suspended to permit the
18-11 committee to change text in Section 21.102(c), Education Code
18-12 (Section 21.152, Education Code, in the engrossed version), to read
18-13 as follows:
18-14 (c) An employment contract may not extend the probationary
18-15 contract period beyond the end of the third consecutive school year
18-16 of the teacher's employment by the school district unless, during
18-17 the third year of a teacher's probationary contract, the board of
18-18 trustees determines that it is doubtful whether the teacher should
18-19 be given a continuing contract or a term contract. If the board
18-20 makes that determination, the district may make a probationary
18-21 contract with the teacher for a term ending with the fourth
18-22 consecutive school year of the teacher's employment with the
18-23 district, at which time the district shall:
18-24 (1) terminate the employment of the teacher; or
18-25 (2) employ the teacher under a continuing contract or
18-26 a term contract as provided by Subchapter D or E, according to
18-27 district policy.
19-1 Explanation: This change is necessary to allow a school
19-2 district to employ a teacher under a probationary contract for a
19-3 fourth year if necessary.
19-4 (38) Senate Rule 12.03(2) is suspended to permit the
19-5 committee to omit text relating to hearings under probationary
19-6 contracts (Section 21.153(b), Education Code, in engrossed version;
19-7 Section 21.107, Education Code, in house special printing), which
19-8 reads as follows:
19-9 (b) <Sec. 13.104. HEARING.> A <In event a> teacher holding
19-10 a probationary contract who is notified of the district's intention
19-11 <of the board of trustees> to terminate the teacher's <his>
19-12 employment at the end of the teacher's <his> current contract
19-13 period is entitled, on<, he shall have a right upon> written
19-14 request, to an informal <a> hearing before the board of trustees or
19-15 a subcommittee of the board, according to board policy. At the<,
19-16 and at such> hearing, the teacher shall be given the reasons for
19-17 termination of the teacher's <his> employment. After the <such>
19-18 hearing, the board of trustees or board subcommittee may confirm or
19-19 revoke the <its previous action of> termination. The<; but in any
19-20 event, the> decision of the board of trustees or board subcommittee
19-21 is <shall be> final and non-appealable.
19-22 Explanation: This change is necessary to omit requirements
19-23 relating to hearings for a teacher dismissed at the end of a
19-24 probationary period.
19-25 (39) Senate Rule 12.03(4) is suspended to permit the
19-26 committee to add Section 21.106, Education Code, to read as
19-27 follows:
20-1 Sec. 21.106. RETURN TO PROBATIONARY STATUS. (a) In lieu of
20-2 discharging a teacher employed under a continuing contract,
20-3 terminating a teacher employed under a term contract, or not
20-4 renewing a teacher's term contract, a school district may, with the
20-5 written consent of the teacher, return the teacher to probationary
20-6 contract status.
20-7 (b) A teacher may agree to be returned to probationary
20-8 contract status only after receiving written notice of the proposed
20-9 discharge, termination, or nonrenewal.
20-10 (c) A teacher returned to probationary contract status must
20-11 serve a new probationary contract period as provided by Section
20-12 21.102 as if the teacher were employed by the district for the
20-13 first time.
20-14 Explanation: This change is necessary to allow a school
20-15 district to return a teacher to probationary contract status in
20-16 lieu of discharging or terminating the teacher or not renewing the
20-17 teacher's contract.
20-18 (40) Senate Rule 12.03(1) is suspended to permit the
20-19 committee to change text in Section 21.153(a), Education Code
20-20 (Section 21.203, Education Code, in engrossed version; Section
20-21 21.108, Education Code, in house special printing), to read as
20-22 follows:
20-23 A school district that employs a teacher under a probationary
20-24 contract for the third or, if permitted, fourth consecutive year of
20-25 service and that elects to employ the teacher in future years under
20-26 a continuing contract shall notify the teacher in writing of the
20-27 teacher's election to continuing contract status.
21-1 Explanation: This change is necessary to allow a school
21-2 district to employ a teacher under a probationary contract for a
21-3 fourth year if necessary.
21-4 (41) Senate Rule 12.03(3) is suspended to permit the
21-5 committee to add Subdivision (5) to Section 21.154, Education Code
21-6 (Section 21.204, Education Code, in engrossed version; Section
21-7 21.102, Education Code, in house special printing), to read as
21-8 follows:
21-9 (5) is discharged for a reason stated in the teacher's
21-10 contract that existed on or before September 1, 1995, and in
21-11 accordance with the procedures prescribed by this chapter; or
21-12 Explanation: This change is necessary to permit discharge of
21-13 a teacher for a reason stated in a contract that existed before the
21-14 effective date of the bill.
21-15 (42) Senate Rule 12.03(1) is suspended to permit the
21-16 committee to change the text of Section 21.158(a), Education Code
21-17 (21.208(a), Education Code, in engrossed version; Section
21-18 21.109(a), in house special printing), to read as follows:
21-19 (a) Before a teacher employed under a continuing contract
21-20 may be discharged, suspended without pay, or released because of a
21-21 necessary reduction of personnel, the board of trustees must notify
21-22 the teacher in writing of the proposed action and the grounds for
21-23 the action.
21-24 Explanation: This change is necessary to conform to other
21-25 changes made by the committee.
21-26 (43) Senate Rule 12.03(2) is suspended to permit the
21-27 committee to omit provisions relating to suspension without pay
22-1 pending discharge (Section 21.209, Education Code, in engrossed
22-2 version; Section 21.111, Education Code, in house special
22-3 printing), which read as follows:
22-4 Sec. 21.209 <13.113>. SUSPENSION WITHOUT PAY PENDING
22-5 DISCHARGE. If the district proposes to <proposed action be>
22-6 discharge <of> the teacher for a reason listed <any of the reasons
22-7 set forth> in Section 21.206 <13.109 of this code>, the
22-8 superintendent may, without a hearing, suspend the teacher <may be
22-9 suspended> without pay. If a teacher is suspended under this
22-10 section, the hearing on the proposed discharge may <by order of the
22-11 board of trustees, or by the superintendent of schools if such
22-12 power has been delegated to him by express regulation previously
22-13 adopted by the board of trustees, but in such event the hearing
22-14 shall> not be delayed for more than 15 days after the date the
22-15 teacher requests a <request for> hearing, unless by written consent
22-16 of the teacher. If the teacher is reinstated, the teacher shall
22-17 immediately be paid any compensation withheld during any period of
22-18 suspension without pay.
22-19 Explanation: This change is necessary to delete the
22-20 provision authorizing suspension of teachers without pay.
22-21 (44) Senate Rule 12.03(3) is suspended to permit the
22-22 committee to add "in consultation with the State Office of
22-23 Administrative Hearings" to Section 21.252(a), Education Code
22-24 (Section 21.302(a), Education Code, in engrossed version; Section
22-25 21.163(a), Education Code, in house special printing).
22-26 Explanation: This change is necessary to require the State
22-27 Board of Education to consult with the State Office of
23-1 Administrative Hearings before adopting rules for certifying
23-2 hearing examiners.
23-3 (45) Senate Rule 12.03(1) is suspended to permit the
23-4 committee to change the text of Section 21.252(b), Education Code
23-5 (Section 21.302(c), Education Code, in engrossed version; Section
23-6 21.163(b), Education Code, in house special printing), to read as
23-7 follows:
23-8 (b) The commissioner shall certify hearing examiners
23-9 according to the criteria established under Subsection (a). A
23-10 person certified as a hearing examiner or the law firm with which
23-11 the person is associated may not serve as an agent or
23-12 representative of:
23-13 (1) a school district;
23-14 (2) a teacher in any dispute with a school district;
23-15 or
23-16 (3) an organization of school employees, school
23-17 administrators, or school boards.
23-18 Explanation: This change is necessary to prohibit employment
23-19 of a hearing examiner who is currently serving or associated with
23-20 agents or representatives of certain persons or entities, without
23-21 regard to whether the hearing examiner has served in that capacity
23-22 in the past.
23-23 (46) Senate Rule 12.03(4) is suspended to permit the
23-24 committee to add text to Section 21.301(d), Education Code (Section
23-25 21.315, Education Code, in engrossed version; Section 21.165,
23-26 Education Code, in house special printing), to read as follows:
23-27 In conducting a hearing under this subchapter, the
24-1 commissioner has the same authority relating to discovery and
24-2 conduct of a hearing as an independent hearing examiner has under
24-3 Subchapter F.
24-4 Explanation: This change is necessary to allow the
24-5 commissioner to issue subpoenas and maintain decorum at a hearing
24-6 in an appeal concerning a teacher contract dispute.
24-7 (47) Senate Rule 12.03(4) is suspended to permit the
24-8 committee to add Paragraph (B) to Section 21.352(a)(2), Education
24-9 Code (Section 21.272, Education Code, in both engrossed version and
24-10 house special printing), to read as follows:
24-11 (B) containing the items described by Sections
24-12 21.351(a)(1) and (2); and
24-13 Explanation: This change is necessary to require that a
24-14 teacher appraisal process developed by a board of trustees include
24-15 as part of the appraisal the teacher's implementation of discipline
24-16 management programs and the performance of the teacher's students.
24-17 (48) Senate Rule 12.03(3) is suspended to permit the
24-18 committee to add text to Section 21.352, Education Code (Section
24-19 21.272, Education Code, in both engrossed version and house special
24-20 printing), to read as follows:
24-21 (b) The board of trustees may reject an appraisal process
24-22 and performance criteria developed by the district- and
24-23 campus-level committees but may not modify the process or criteria.
24-24 Explanation: This change is necessary to make clear that the
24-25 board of trustees may reject an appraisal process and performance
24-26 criteria but may not modify them.
24-27 (49) Senate Rule 12.03(2) is suspended to permit the
25-1 committee to omit the following text from Section 21.401, Education
25-2 Code (Section 21.401, Education Code, in engrossed version; Section
25-3 21.301, Education Code, in house special printing):
25-4 An educator employed under an 11-month contract must provide
25-5 a minimum of 210 days of service. An educator employed under a
25-6 12-month contract must provide a minimum of 230 days of service.
25-7 Explanation: This change is necessary to eliminate
25-8 requirements relating to educators employed under 11-month and
25-9 12-month contracts.
25-10 (50) Senate Rule 12.03(1) is suspended to permit the
25-11 committee to strike "at least 225 minutes in the school week" and
25-12 substitute "at least 450 minutes within each two-week period" in
25-13 Section 21.404(a), Education Code (Section 21.405(a), Education
25-14 Code, in engrossed version; Section 21.304(a), Education Code, in
25-15 house special printing).
25-16 Explanation: This change is necessary to give districts
25-17 greater flexibility in scheduling teachers' planning and
25-18 preparation periods.
25-19 (51) Senate Rule 12.03(2) is suspended to permit the
25-20 committee to omit text relating to teacher preparation, staff
25-21 development, and continuing education (Section 21.451, Education
25-22 Code, in engrossed version; Section 21.351, Education Code, in
25-23 house special printing), which reads as follows:
25-24 Sec. 21.451 <16.052>. <OPERATION OF SCHOOLS;> TEACHER
25-25 PREPARATION, <AND> STAFF DEVELOPMENT, AND CONTINUING EDUCATION.
25-26 (a) Except as provided by Subsection (b) or Section 25.084, for
25-27 each school year, each <Each> school district must provide for not
26-1 less than:
26-2 (1) three <180 days of instruction for students and
26-3 not less than three> days of preparation for classroom teachers;
26-4 (2) four days of staff development; and
26-5 (3) three days of continuing education for educators
26-6 to fulfill requirements adopted by State Board for Educator
26-7 Certification rule <for each school year, except as provided in
26-8 Subsection (c) of this section>.
26-9 Explanation: This change is necessary to omit specific
26-10 mandates relating to teacher preparation, staff development, and
26-11 continuing education.
26-12 (52) Senate Rule 12.03(1) is suspended to permit the
26-13 committee to change the text of Section 21.452, Education Code
26-14 (Section 21.452, Education Code, in engrossed version; Section
26-15 21.352, Education Code, in house special printing), to read as
26-16 follows:
26-17 Sec. 21.452. STAFF DEVELOPMENT REQUIREMENTS. (a) The staff
26-18 development provided by a school district must be conducted in
26-19 accordance with minimum standards developed by the commissioner for
26-20 program planning, preparation, and improvement. The staff
26-21 development:
26-22 (1) must include technology training and training in
26-23 conflict resolution and discipline strategies; and
26-24 (2) may include instruction as to what is permissible
26-25 under law, including opinions of the United States Supreme Court,
26-26 in regard to prayers in public school.
26-27 (b) The staff development must be predominantly
27-1 campus-based, related to achieving campus performance objectives
27-2 established under Section 11.253, and developed and approved by the
27-3 campus-level committee established under Section 11.251. Campus
27-4 staff development may include activities that enable the campus
27-5 staff to plan together to enhance existing skills, to share
27-6 effective strategies, to reflect on curricular and instructional
27-7 issues, to analyze student achievement results, to reflect on means
27-8 of increasing student achievement, to study research, to practice
27-9 new methods, to identify students' strengths and needs, to develop
27-10 meaningful programs for students, to appropriately implement
27-11 site-based decision-making, and to conduct action research. The
27-12 campus staff development activities may be conducted using study
27-13 teams, individual research, peer coaching, workshops, seminars,
27-14 conferences, or other reasonable methods that have the potential to
27-15 improve student achievement.
27-16 (c) A school district may use district-wide staff
27-17 development developed and approved through the district-level
27-18 decision process under Section 11.251.
27-19 Explanation: These changes are necessary to conform to the
27-20 change made by the committee that deletes the requirement for a
27-21 minimum number of staff development days.
27-22 (53) Senate Rule 12.03(2) is suspended to permit the
27-23 committee to omit Section 21.901, Education Code (Section 11.114,
27-24 Education Code, in house special printing), which reads as follows:
27-25 Sec. 21.901 <13.901>. EMPLOYMENT CONSULTATION WITH TEACHERS.
27-26 The board of trustees of each independent school district<, rural
27-27 high school district, and common school district,> and district
28-1 <their> administrative personnel<,> may consult with teachers with
28-2 respect to matters of educational policy and conditions of
28-3 employment. A board<; and such boards> of trustees may adopt <and
28-4 make> reasonable rules<, regulations> and make agreements to
28-5 provide for such consultation. This section does <shall> not limit
28-6 or affect the power of the <said> trustees to <manage and> govern
28-7 and oversee the management of the <said> schools.
28-8 Explanation: This change is necessary to delete unnecessary
28-9 language.
28-10 (54) Senate Rules 12.03(1) and (2) are suspended to permit
28-11 the committee to change text in Subdivision (1) of Section
28-12 25.084(a), Education Code, to read as follows:
28-13 (1) the number of contract days of employees and the
28-14 number of days of operation, including any time required for staff
28-15 development, planning and preparation, and continuing education,
28-16 otherwise required by law; . . . .
28-17 Explanation: This change is necessary to clarify that to
28-18 provide year-round instruction, a school district may modify
28-19 components comprising the number of employee contract days or days
28-20 of school operation.
28-21 (55) Senate Rule 12.03(3) is suspended to permit the
28-22 committee to add text to Section 25.111, Education Code, to read as
28-23 follows:
28-24 Sec. 25.111. STUDENT/TEACHER RATIOS. Except as provided by
28-25 Section 25.112, each school district must employ a sufficient
28-26 number of teachers certified under Subchapter B, Chapter 21, to
28-27 maintain an average ratio of not less than one teacher for each 20
29-1 students in average daily attendance.
29-2 Explanation: This change is necessary to clarify that in
29-3 counting a teacher for purposes of computing student/teacher
29-4 ratios, a teacher must have the appropriate certification to teach
29-5 a particular class as determined in accordance with Subchapter B,
29-6 Chapter 21.
29-7 (56) Senate Rule 12.03(4) is suspended to permit the
29-8 committee to add Section 26.012, Education Code, to read as
29-9 follows:
29-10 Sec. 26.012. FEE FOR COPIES. The agency or a school
29-11 district may charge a reasonable fee in accordance with Subchapter
29-12 F, Chapter 552, Government Code, for copies of materials provided
29-13 to a parent under this chapter.
29-14 Explanation: The added language is necessary to allow the
29-15 Texas Education Agency or a school district to charge a parent a
29-16 reasonable fee for copies of materials to which a parent has access
29-17 under Chapter 26.
29-18 (57) Senate Rule 12.03(1) is suspended to permit the
29-19 committee to delete "special education cooperatives" and substitute
29-20 "shared services arrangements" in Section 29.001, Education Code.
29-21 Explanation: The language is changed to conform with current
29-22 terminology and practice in providing special education services to
29-23 children.
29-24 (58) Senate Rule 12.03(1) is suspended to permit the
29-25 committee to delete "vocational" and substitute "career and
29-26 technology" in Section 29.001(8), Education Code.
29-27 Explanation: The language is changed to conform with
30-1 terminology used in federal law.
30-2 (59) Senate Rules 12.03(1) and (3) are suspended to permit
30-3 the committee to add Section 29.007, Education Code, to read as
30-4 follows:
30-5 Sec. 29.007. SHARED SERVICES ARRANGEMENTS. School districts
30-6 may enter into a written contract to jointly operate their special
30-7 education programs. The contract must be approved by the
30-8 commissioner. Funds to which the cooperating districts are
30-9 entitled may be allocated to the districts jointly as shared
30-10 services arrangement units or shared services arrangement funds in
30-11 accordance with the shared services arrangement districts'
30-12 agreement.
30-13 Explanation: The change in reference from "cooperatives" to
30-14 "shared services arrangements" conforms with current terminology
30-15 and practice in providing special education services to children.
30-16 The language requiring a written contract to be executed and
30-17 presented to the commissioner of education for approval is
30-18 necessary to ensure proper provision of services and use of money
30-19 in shared services arrangements.
30-20 (60) Senate Rule 12.03(1) is suspended to permit the
30-21 committee to delete "special education cooperative" and substitute
30-22 "shared services arrangement unit" in Section 29.008(a), Education
30-23 Code.
30-24 Explanation: The language is changed to conform with current
30-25 terminology and practice in providing special education services to
30-26 children.
30-27 (61) Senate Rule 12.03(2) is suspended to permit the
31-1 committee to omit Section 29.014, Education Code, which reads as
31-2 follows:
31-3 Sec. 29.014. PILOT PROGRAM FOR INCLUSION. The agency shall
31-4 establish procedures and criteria for the allocation of funds
31-5 appropriated under Section 42.151(l) (in house special printing;
31-6 Section 42.151(m) in engrossed version) to school districts
31-7 selected by the agency to establish a pilot program for the
31-8 inclusion of students with disabilities in the regular classroom so
31-9 that those students may receive an appropriate free public
31-10 education in the least restrictive environment. This section
31-11 expires August 31, 1997.
31-12 Explanation: This deletion is necessary because there is no
31-13 appropriation of funds for the program in the House or Senate
31-14 version of Section 42.151.
31-15 (62) Senate Rule 12.03(1) is suspended to permit the
31-16 committee to amend Section 29.054(b), Education Code (Section
31-17 29.053(f), Education Code, in engrossed version; Section 29.054(b),
31-18 Education Code, in house special printing), to read as follows:
31-19 (b) An application for an exception may be filed with the
31-20 agency when a district is unable to hire a sufficient number of
31-21 teachers with teaching certificates appropriate for bilingual
31-22 education instruction to staff the required program. The
31-23 application must be accompanied by:
31-24 (1) documentation showing that the district has taken
31-25 all reasonable affirmative steps to secure teachers with teaching
31-26 certificates appropriate for bilingual education instruction and
31-27 has failed;
32-1 (2) documentation showing that the district has
32-2 affirmative hiring policies and procedures consistent with the need
32-3 to serve limited English proficiency students;
32-4 (3) documentation showing that, on the basis of
32-5 district records, no teacher having a teaching certificate
32-6 appropriate for bilingual instruction or emergency credentials has
32-7 been unjustifiably denied employment by the district within the
32-8 past 12 months; and
32-9 (4) a plan detailing specific measures to be used by
32-10 the district to eliminate the conditions that created the need for
32-11 an exception.
32-12 Explanation: This change is necessary to correct obsolete
32-13 terminology. Educators do not receive bilingual education
32-14 "endorsements."
32-15 (63) Senate Rule 12.03(1) is suspended to permit the
32-16 committee to amend Section 29.061(a), Education Code (Section
32-17 29.059(a), Education Code, in engrossed version; Section 29.061(a),
32-18 Education Code, in house special printing), to read as follows:
32-19 (a) The State Board for Educator Certification shall provide
32-20 for the issuance of teaching certificates appropriate for bilingual
32-21 education instruction to teachers who possess a speaking, reading,
32-22 and writing ability in a language other than English in which
32-23 bilingual education programs are offered and who meet the general
32-24 requirements of Chapter 21. The board shall also provide for the
32-25 issuance of teaching certificates appropriate for teaching English
32-26 as a second language. The board may issue emergency endorsements
32-27 in bilingual education and in teaching English as a second
33-1 language.
33-2 Explanation: The change is necessary to correct obsolete
33-3 terminology. Educators do not currently receive "endorsements" to
33-4 provide bilingual education or English as a second language
33-5 instruction.
33-6 (64) Senate Rule 12.03(1) is suspended to permit the
33-7 committee to delete "remedial" and substitute "accelerated" in the
33-8 the heading to Section 29.081, Education Code, and in Sections
33-9 29.081(a), (b), and (c), Education Code.
33-10 Explanation: The terminology is changed to avoid the
33-11 negative connotations of the term "remedial."
33-12 (65) Senate Rule 12.03(1) is suspended to permit the
33-13 committee to delete each reference to "vocational" in Subchapter F,
33-14 Chapter 29, Education Code (Sections 29.181-29.185), and substitute
33-15 "career and technology."
33-16 Explanation: The language is changed to conform with
33-17 terminology used in federal law.
33-18 (66) Senate Rule 12.03(1) is suspended to permit the
33-19 committee to amend Section 29.251(1), Education Code, to read as
33-20 follows:
33-21 (1) "Adult education" means services and instruction
33-22 provided below the college level for adults by public local
33-23 education agencies, public nonprofit agencies, or community-based
33-24 organizations.
33-25 Explanation: The language is changed to conform to S.B. No.
33-26 170 by Ellis, reported engrossed by the Senate on April 25, 1995.
33-27 (67) Senate Rule 12.03(2) is suspended to permit the
34-1 committee to omit Section 29.251(5), Education Code, which reads as
34-2 follows:
34-3 (5) "Educationally disadvantaged adult" has the
34-4 meaning assigned by 20 U.S.C. Section 1201a.
34-5 Explanation: The definition is unnecessary as a result of
34-6 the deletion of the term in Section 29.251(1).
34-7 (68) Senate Rule 12.03(1) is suspended to permit the
34-8 committee to amend Section 29.253, Education Code, to read as
34-9 follows:
34-10 Sec. 29.253. PROVISION OF ADULT EDUCATION PROGRAMS. Adult
34-11 education programs shall be provided by public school districts,
34-12 public junior colleges, public universities, public nonprofit
34-13 agencies, and community-based organizations approved in accordance
34-14 with state statutes and rules adopted by the State Board of
34-15 Education. The programs must be designed to meet the education and
34-16 training needs of adults to the extent possible within available
34-17 public and private resources. Bilingual education may be the
34-18 method of instruction for students who do not function
34-19 satisfactorily in English whenever it is appropriate for their
34-20 optimum development.
34-21 Explanation: The language is changed to conform to S.B. No.
34-22 170 by Ellis, reported engrossed by the Senate on April 25, 1995.
34-23 (69) Senate Rule 12.03(1) is suspended to permit the
34-24 committee to amend Section 29.254, Education Code, to read as
34-25 follows:
34-26 Sec. 29.254. ADULT EDUCATION ADVISORY COMMITTEE. The State
34-27 Board of Education may establish an adult education advisory
35-1 committee composed of not more than 21 members representing public
35-2 and private education, business, labor, minority groups, and the
35-3 public to advise the board on needs, priorities, and standards of
35-4 adult education programs conducted in accordance with this
35-5 subchapter.
35-6 Explanation: The language is changed to allow participation
35-7 of diverse groups in providing advice to the State Board of
35-8 Education regarding adult education.
35-9 (70) Senate Rule 12.03(1) is suspended to permit the
35-10 committee to amend Section 29.255(a), Education Code, to read as
35-11 follows:
35-12 (a) Funds shall be appropriated to implement statewide adult
35-13 basic education, adult bilingual education, high school
35-14 equivalency, and high school credit programs to eliminate
35-15 illiteracy in this state and to implement and support a statewide
35-16 program to meet the total range of adult needs for adult education,
35-17 related skill training, and pilot programs to demonstrate the
35-18 effectiveness of the community education concept. The agency shall
35-19 ensure that public local education agencies, public nonprofit
35-20 agencies, and community-based organizations have direct and
35-21 equitable access to those funds. An additional sum of money may be
35-22 appropriated to the Texas Department of Commerce for the purpose of
35-23 skill training in direct support of industrial expansion and
35-24 start-up, and those locations, industries, and occupations
35-25 designated by the Texas Department of Commerce, when such training
35-26 is also in support of the basic purposes of this subchapter. To
35-27 fulfill the basic purposes of this subchapter, an additional sum of
36-1 money may be appropriated for skill training that is conducted to
36-2 support the expansion of civilian employment opportunities on
36-3 United States military reservations.
36-4 Explanation: The language is changed to conform to S.B. No.
36-5 170 by Ellis, reported engrossed by the Senate on April 25, 1995.
36-6 (71) Senate Rule 12.03(2) is suspended to permit the
36-7 committee to omit "of education" in Section 30.052(g), Education
36-8 Code.
36-9 Explanation: This change is needed because "commissioner" is
36-10 defined to mean the commissioner of education.
36-11 (72) Senate Rules 12.03(2) and (3) are suspended to permit
36-12 the committee to amend Section 30.087(b) to read as follows:
36-13 (b) From the amount appropriated for regional day school
36-14 programs, the commissioner shall allocate funds to each program
36-15 based on the number of weighted full-time equivalent students
36-16 served. The commissioner may consider local resources available in
36-17 allocating funds under this subsection.
36-18 Explanation: This change is needed to authorize the
36-19 commissioner to allocate funds according to the number of weighted
36-20 full-time equivalent students served and to consider available
36-21 local resources.
36-22 (73) Senate Rule 12.03(4) is suspended to allow the
36-23 committee to add Sections 30.102(a-1) and (b-1), Education Code, to
36-24 read as follows:
36-25 (a-1) For the 1995-1996 school year, a classroom teacher or
36-26 full-time librarian employed by the commission is entitled to
36-27 receive as a minimum salary the monthly salary rate specified by
37-1 Section 21.4011. A classroom teacher or full-time librarian may be
37-2 paid, from funds appropriated to the commission, a salary in excess
37-3 of the minimum specified by that section, but the salary may not
37-4 exceed the rate of pay for a similar position in the public schools
37-5 of an adjacent school district. This subsection expires September
37-6 1, 1996.
37-7 (b-1) Subsection (b) applies beginning with the 1996-1997
37-8 school year. This subsection expires January 1, 1997.
37-9 Explanation: These changes are needed to conform to the
37-10 minimum salary schedules established under Chapter 21.
37-11 (74) Senate Rule 12.03(4) is suspended to permit the
37-12 committee to add Section 31.021(c), Education Code, to read as
37-13 follows:
37-14 (c) After setting aside the amounts specified by Subsection
37-15 (b), the State Board of Education shall determine the amount
37-16 remaining in the available school fund that is available for
37-17 distribution under Chapter 43 for the following school year. The
37-18 board shall use any amount by which the amount available for
37-19 distribution under Chapter 43 for the following school year exceeds
37-20 the amount available for distribution under Chapter 43 for the
37-21 1995-1996 school year to increase the allotment under Subsection
37-22 (b)(2).
37-23 Explanation: This change is necessary to provide an
37-24 increased allotment for:
37-25 (1) purchasing electronic textbooks or technological
37-26 equipment; or
37-27 (2) training educational personnel in using electronic
38-1 textbooks and providing access to technological equipment for
38-2 instructional use.
38-3 (75) Senate Rule 12.03(4) is suspended to permit the
38-4 committee to add Section 31.025, Education Code, to read as
38-5 follows:
38-6 Sec. 31.025. LIMITATION ON COST. (a) The State Board of
38-7 Education shall set a limit on the cost that may be paid from the
38-8 state textbook fund for a textbook placed on the conforming or
38-9 nonconforming list for a particular subject and grade level. The
38-10 board may not reject a textbook for placement on the conforming or
38-11 nonconforming list because the textbook's price exceeds the limit
38-12 established under this subsection.
38-13 (b) Subject to Section 31.151, if a school district or
38-14 open-enrollment charter school selects a textbook from a conforming
38-15 or nonconforming list that exceeds the limit established under
38-16 Subsection (a):
38-17 (1) the state shall pay the publisher an amount equal
38-18 to the limit established under Subsection (a) multiplied by the
38-19 number of textbooks the district or school requisitions; and
38-20 (2) the district or school is responsible for the
38-21 remainder of the cost.
38-22 Explanation: This change is necessary to limit the cost of
38-23 textbooks and allow school districts to exceed that limit if they
38-24 pay for the remainder of the cost.
38-25 (76) Senate Rule 12.03(4) is suspended to permit the
38-26 committee to add Section 31.029, Education Code, to read as
38-27 follows:
39-1 Sec. 31.029. BILINGUAL TEXTBOOKS. The board shall purchase
39-2 or otherwise acquire textbooks for use in bilingual education
39-3 classes.
39-4 Explanation: This change is necessary to require the State
39-5 Board of Education to acquire textbooks for use in bilingual
39-6 education classes.
39-7 (77) Senate Rule 12.03(2) is suspended to permit the
39-8 committee to omit Section 33.081(e), Education Code (Section
39-9 33.081(d), Education Code, in engrossed version; Section 33.081(e),
39-10 Education Code, in house special printing), which reads as follows:
39-11 (d) A student may not be suspended under this section during
39-12 the period in which school is recessed for the summer or during the
39-13 initial grade reporting period of a regular school term on the
39-14 basis of grades received in the final grade reporting period of the
39-15 preceding regular school term.
39-16 Explanation: The language is unnecessary as a result of the
39-17 revised wording of Section 33.081(c), which states that "A
39-18 suspension does not last beyond the end of a school year."
39-19 (78) Senate Rule 12.03(1) is suspended to permit the
39-20 committee to amend Section 34.004, Education Code (Section 34.006,
39-21 Education Code, in engrossed version; Section 34.004, Education
39-22 Code, in house special printing), to read as follows:
39-23 Sec. 34.004. STANDING CHILDREN. A school district may not
39-24 require or allow a child to stand on a school bus that is in
39-25 motion.
39-26 Explanation: This change is necessary to omit the provision
39-27 that ties the prohibition on children standing on a school bus to
40-1 the receipt of transportation funding under the Foundation School
40-2 Program.
40-3 (79) Senate Rules 12.03(1) and (3) are suspended to permit
40-4 the committee to amend and add text to Section 34.008, Education
40-5 Code (Section 34.014, Education Code, in engrossed version; Section
40-6 34.008, Education Code, in house special printing), to read as
40-7 follows:
40-8 Sec. 34.008. CONTRACT WITH TRANSIT AUTHORITY OR COMMERCIAL
40-9 TRANSPORTATION COMPANY. (a) A board of county school trustees or
40-10 school district board of trustees may contract with a transit
40-11 authority or a commercial transportation company for all or any
40-12 part of a district's public school transportation if the authority
40-13 or company:
40-14 (1) requires its school bus drivers to have the
40-15 qualifications required by and to be certified in accordance with
40-16 standards established by the Department of Public Safety; and
40-17 (2) uses only those school motor vehicles in
40-18 transporting public school students that satisfy safety
40-19 requirements imposed by law on school motor vehicles operated by
40-20 public school transportation systems.
40-21 (b) This section does not prohibit the county or school
40-22 district board from supplementing the state transportation cost
40-23 allotment with local funds necessary to provide complete
40-24 transportation services.
40-25 (c) A transit authority or a commercial transportation
40-26 company contracting under this section for daily transportation of
40-27 pre-primary, primary, or secondary students to or from school shall
41-1 conduct, in a manner and on a schedule approved by the county or
41-2 district school board, the following education programs:
41-3 (1) a program to inform the public that public school
41-4 students will be riding on the authority's or company's buses;
41-5 (2) a program to educate the drivers of the buses to
41-6 be used under the contract of the special needs and problems of
41-7 public school students riding on the buses; and
41-8 (3) a program to educate public school students on bus
41-9 riding safety and any special considerations arising from the use
41-10 of the authority's or company's buses.
41-11 (d) In this section, "transit authority" includes a
41-12 transportation authority or a transit department.
41-13 Explanation: This change is necessary to clarify that buses
41-14 operated by various governmental transportation systems may be used
41-15 to transport students and to provide a definition of "transit
41-16 authority".
41-17 (80) Senate Rule 12.03(1) is suspended to permit the
41-18 committee to change the heading to Section 34.010, Education Code
41-19 (Section 34.011, in engrossed version; Section 34.010, in house
41-20 special printing), by striking "ACTIVITIES, ETC." and substituting
41-21 "AND OTHER SCHOOL-RELATED ACTIVITIES."
41-22 Explanation: This change is necessary to make the section
41-23 heading more descriptive.
41-24 (81) Senate Rule 12.03(4) is suspended to permit the
41-25 committee to add Section 37.001(a), Education Code, to read as
41-26 follows:
41-27 (a) Each school district shall, with the advice of its
42-1 district-level committee established under Section 11.251, and
42-2 jointly, as appropriate, with the juvenile board of each county in
42-3 which the district is located, adopt a student code of conduct for
42-4 the district. In addition to establishing standards for student
42-5 conduct, the student code of conduct must:
42-6 (1) specify the circumstances, in accordance with this
42-7 subchapter, under which a student may be removed from a classroom,
42-8 campus, or alternative education program;
42-9 (2) outline the responsibilities of each juvenile
42-10 board concerning the establishment and operation of a juvenile
42-11 justice alternative education program under Section 37.011;
42-12 (3) define the conditions on payments from the
42-13 district to each juvenile board;
42-14 (4) specify conditions that authorize or require a
42-15 principal or other appropriate administrator to transfer a student
42-16 to an alternative education program; and
42-17 (5) outline conditions under which a student may be
42-18 suspended as provided by Section 37.005 or expelled as provided by
42-19 Section 37.007.
42-20 Explanation: This change is necessary to specify contents of
42-21 a student code of conduct, including standards for student conduct
42-22 and procedures for placement of disruptive students in alternative
42-23 settings.
42-24 (82) Senate Rule 12.03(4) is suspended to permit the
42-25 committee to add Section 37.001(c), Education Code, to read as
42-26 follows:
42-27 (c) Each school district shall adopt a student code of
43-1 conduct as required by this section not later than September 1,
43-2 1996. This subsection expires September 1, 1997.
43-3 Explanation: This change is necessary to delay the date by
43-4 which a school district must adopt a student code of conduct.
43-5 (83) Senate Rule 12.03(4) is suspended to permit the
43-6 committee to add Section 37.005, Education Code, to read as
43-7 follows:
43-8 Sec. 37.005. SUSPENSION. (a) The principal or other
43-9 appropriate administrator may suspend a student who engages in
43-10 conduct for which the student may be placed in an alternative
43-11 education program under this subchapter.
43-12 (b) A suspension under this section may not exceed three
43-13 school days.
43-14 Explanation: This change is necessary to permit the
43-15 temporary suspension of a student who engages in conduct for which
43-16 the student may be placed in an alternative education program.
43-17 (84) Senate Rule 12.03(4) is suspended to permit the
43-18 committee to add Subsection (c) to Section 37.008, Education Code
43-19 (Section 37.004, Education Code, in engrossed version; Section
43-20 37.004, Education Code, in house special printing), to read as
43-21 follows:
43-22 (c) An off-campus alternative education program is not
43-23 subject to a requirement imposed by this title, other than a
43-24 limitation on liability, a reporting requirement, or a requirement
43-25 imposed by this chapter or by Chapter 39.
43-26 Explanation: This change is necessary to specify the
43-27 applicability of provisions of the Education Code to off-campus
44-1 alternative education programs.
44-2 (85) Senate Rule 12.03(4) is suspended to permit the
44-3 committee to add text to Section 37.009(a), Education Code (Section
44-4 37.005(a), Education Code, in engrossed version), to read as
44-5 follows:
44-6 The student may not be returned to the regular classroom
44-7 pending the hearing.
44-8 Explanation: This change is necessary to prohibit the return
44-9 of a student to the regular classroom pending a hearing on the
44-10 placement of the student in an alternative education program or
44-11 expulsion of the student.
44-12 (86) Senate Rule 12.03(4) is suspended to permit the
44-13 committee to add Subsection (a) to Section 37.011, Education Code
44-14 (Section 37.008, Education Code, in house special printing), to
44-15 read as follows:
44-16 (a) The juvenile board of a county with a population greater
44-17 than 125,000 shall develop a juvenile justice alternative education
44-18 program, subject to the approval of the Texas Juvenile Probation
44-19 Commission. The juvenile board of a county with a population of
44-20 125,000 or less may develop a juvenile justice alternative
44-21 education program. A juvenile justice alternative education
44-22 program in a county with a population of 125,000 or less:
44-23 (1) is not required to be approved by the Texas
44-24 Juvenile Probation Commission; and
44-25 (2) is not subject to Subsection (c), (d), (f), or
44-26 (g).
44-27 Explanation: This change is necessary to require a juvenile
45-1 justice alternative education program approved by the Texas
45-2 Juvenile Probation Commission only in a county with a population of
45-3 more than 125,000 and to permit a juvenile justice alternative
45-4 education program in a smaller county.
45-5 (87) Senate Rule 12.03(4) is suspended to permit the
45-6 committee to add Subsection (b) to Section 37.011, Education Code
45-7 (Section 37.008, Education Code, in house special printing), to
45-8 read as follows:
45-9 (b) If a student is found to have engaged in conduct
45-10 described by Section 37.007 and the student is found by a juvenile
45-11 court to have engaged in delinquent conduct under Title 3, Family
45-12 Code, the juvenile court shall:
45-13 (1) require the juvenile justice alternative education
45-14 program in the county in which the conduct occurred to provide
45-15 educational services to the student; and
45-16 (2) order the student to attend the program from the
45-17 date of adjudication.
45-18 Explanation: This change is necessary to require a juvenile
45-19 court to place a student who engages in certain serious conduct in
45-20 a juvenile justice alternative education program.
45-21 (88) Senate Rule 12.03(4) is suspended to permit the
45-22 committee to add Subsection (f) to Section 37.011, Education Code
45-23 (Section 37.008, Education Code, in house special printing), to
45-24 read as follows:
45-25 (f) A juvenile justice alternative education program must
45-26 operate at least:
45-27 (1) seven hours per day; and
46-1 (2) 180 days per year.
46-2 Explanation: This change is necessary to require a mandatory
46-3 juvenile justice alternative education program to operate, on both
46-4 a daily basis and a yearly basis, the same amount of time as a
46-5 school district.
46-6 (89) Senate Rule 12.03(4) is suspended to permit the
46-7 committee to add Subsection (j) to Section 37.011, Education Code
46-8 (Section 37.008, Education Code, in house special printing), to
46-9 read as follows:
46-10 (j) A juvenile board in a county with a population greater
46-11 than 125,000 shall establish a juvenile justice alternative
46-12 education program not later than September 1, 1996. A student who
46-13 engages in conduct described by Section 37.007 before the date on
46-14 which a juvenile justice alternative education program for the
46-15 county in which the student resides begins operation shall be
46-16 expelled for a period not to exceed one year. This subsection
46-17 expires September 1, 1997.
46-18 Explanation: This change is necessary to provide sufficient
46-19 time for juvenile boards to establish juvenile justice alternative
46-20 education programs in those counties required to do so.
46-21 (90) Senate Rule 12.03(4) is suspended to permit the
46-22 committee to change the heading to Section 37.083, Education Code,
46-23 by striking "PROGRAMS" and substituting "PROGRAMS; SEXUAL
46-24 HARASSMENT POLICIES."
46-25 Explanation: This change is necessary to make the section
46-26 heading more descriptive.
46-27 (91) Senate Rule 12.03(1) is suspended to permit the
47-1 committee to amend Section 38.009, Education Code (Section 38.008,
47-2 Education Code, in engrossed version; Section 38.009, Education
47-3 Code, in house special printing), to read as follows:
47-4 Sec. 38.009. ACCESS TO MEDICAL RECORDS. (a) A school
47-5 administrator, nurse, or teacher is entitled to access to a
47-6 student's medical records maintained by the school district for
47-7 reasons determined by district policy.
47-8 (b) A school administrator, nurse, or teacher who views
47-9 medical records under this section shall maintain the
47-10 confidentiality of those medical records.
47-11 (c) This section does not authorize a school administrator,
47-12 nurse, or teacher to require a student to be tested to determine
47-13 the student's medical condition or status.
47-14 Explanation: The change is necessary to entitle a school
47-15 nurse to access to a student's medical records maintained by a
47-16 school.
47-17 (92) Senate Rule 12.03(3) is suspended to permit the
47-18 committee to add text in Section 39.023(a), Education Code, to read
47-19 as follows:
47-20 (a) The agency shall adopt appropriate criterion-referenced
47-21 assessment instruments designed to assess competencies in reading,
47-22 writing, mathematics, social studies, and science. All nonexempt
47-23 students shall be assessed in:
47-24 (1) reading and mathematics, annually in grades three
47-25 through eight;
47-26 (2) writing, in grades four and eight; and
47-27 (3) social studies and science, at an appropriate
48-1 grade level determined by the State Board of Education.
48-2 Explanation: This change is necessary to require assessment
48-3 instruments under the statewide assessment program to assess
48-4 competencies in social studies and science.
48-5 (93) Senate Rule 12.03(4) is suspended to permit the
48-6 committee to add Sections 39.023(c) and (i), Education Code, to
48-7 read as follows:
48-8 (c) The agency shall adopt end-of-course assessment
48-9 instruments for students in secondary grades who have completed
48-10 Algebra I, Biology I, English II, and United States history.
48-11 (i) Beginning with the 1995-1996 school year, the State
48-12 Board of Education shall administer the end-of-course assessment
48-13 instruments under Subsection (c) in Algebra I and Biology I. Not
48-14 later than the 1998-1999 school year, the State Board of Education
48-15 shall administer the end-of-course assessment instruments under
48-16 Subsection (c) in English II and United States history. This
48-17 subsection expires September 1, 2001.
48-18 Explanation: This change is necessary to require and
48-19 phase-in the administration of end-of-course assessment tests in
48-20 specified subject areas.
48-21 (94) Senate Rule 12.03(2) is suspended to permit the
48-22 committee to omit Section 39.027(b), Education Code, which reads as
48-23 follows:
48-24 (b) The State Board of Education shall adopt rules under
48-25 which a district may determine if a student is eligible for an
48-26 exemption under this section. The agency shall closely monitor
48-27 compliance with those rules.
49-1 Explanation: This change is necessary to conform to changes
49-2 made to Section 39.023 by the committee.
49-3 (95) Senate Rule 12.03(3) is suspended to permit the
49-4 committee to add text in Section 39.030(b), Education Code, to read
49-5 as follows:
49-6 (b) The results of individual student performance on
49-7 academic skills assessment instruments administered under this
49-8 subchapter are confidential and may be released only in accordance
49-9 with the Family Educational Rights and Privacy Act of 1974 (20
49-10 U.S.C. Section 1232g). However, overall student performance data
49-11 shall be aggregated by ethnicity, sex, grade level, subject area,
49-12 campus, and district and made available to the public, with
49-13 appropriate interpretations, at regularly scheduled meetings of the
49-14 board of trustees of each school district. The information may not
49-15 contain the names of individual students or teachers.
49-16 Explanation: This change is necessary to require aggregation
49-17 of overall student performance data on the basis of ethnicity and
49-18 gender as well as on other bases.
49-19 (96) Senate Rule 12.03(4) is suspended to permit the
49-20 committee to add Subsection (b) to Section 39.031, Education Code,
49-21 to read as follows:
49-22 (b) The cost of releasing the question and answer keys under
49-23 Section 39.023(d) shall be paid from amounts appropriated to the
49-24 agency.
49-25 Explanation: This change is necessary to require that the
49-26 Texas Education Agency pay the cost of releasing question and
49-27 answer keys for assessment instruments.
50-1 (97) Senate Rules 12.03(1) and (3) are suspended to permit
50-2 the committee to redesignate Section 39.053, Education Code,
50-3 relating to a campus report card, as Section 39.052, to conform
50-4 cross-references as necessary, and to add text in Subsection (c) of
50-5 that section to read as follows:
50-6 (c) The commissioner shall adopt rules for requiring
50-7 dissemination of appropriate student performance portions of campus
50-8 report cards annually to the parent, guardian, conservator, or
50-9 other person having lawful control of each student at the campus.
50-10 On written request, the school district shall provide a copy of a
50-11 campus report card to any other party.
50-12 Explanation: These changes are necessary to improve the
50-13 readability of Chapter 39 and to limit the dissemination of campus
50-14 report cards to appropriate student performance portions of the
50-15 report cards.
50-16 (98) Senate Rule 12.03(1) is suspended to permit the
50-17 committee to redesignate Section 39.052, Education Code, relating
50-18 to performance reports, as Section 39.053, and to conform
50-19 cross-references as necessary.
50-20 Explanation: This change is necessary to improve the
50-21 readability of Chapter 39.
50-22 (99) Senate Rule 12.03(2) is suspended to permit the
50-23 committee to omit Section 39.076, relating to agency assistance,
50-24 and to renumber subsequent sections of Chapter 39 appropriately.
50-25 Explanation: This change is necessary to omit the
50-26 requirement that the Texas Education Agency provide certain
50-27 assistance or referrals to a school district that has difficulty
51-1 meeting accreditation or performance standards.
51-2 (100) Senate Rule 12.03(1) is suspended to permit the
51-3 committee to change the text of Section 39.094(b), Education Code,
51-4 to read as follows:
51-5 (b) The campus-level committee established under Section
51-6 11.253 shall determine the use of the funds awarded to a school
51-7 under this subchapter. The professional staff of the district
51-8 shall determine the use of the funds awarded to the school district
51-9 under this subchapter.
51-10 Explanation: This change is necessary to refer to the
51-11 campus-level committee rather than the school committee to conform
51-12 with the other provisions of the title.
51-13 (101) Senate Rule 12.03(1) is suspended to permit the
51-14 committee to change the text of Section 39.112(b)(3)(B), Education
51-15 Code (Section 39.112(b)(2) in engrossed version), to read as
51-16 follows:
51-17 (b) A school campus or district is not exempt under this
51-18 section from:
51-19 . . .
51-20 (3) a requirement, restriction, or prohibition
51-21 relating to:
51-22 . . .
51-23 (B) public school accountability as provided by
51-24 Subchapters B, C, D, and G; . . . .
51-25 Explanation: This change is necessary to exclude from the
51-26 exemption established by the subsection certain provisions relating
51-27 to public school accountability.
52-1 (102) Senate Rule 12.03(4) is suspended to permit the
52-2 committee to add Subsections (e)(4)-(6), Section 39.131, Education
52-3 Code, to read as follows:
52-4 ((e)) . . . The master or management team:
52-5 . . .
52-6 (4) may not change the number of or method of
52-7 selecting the board of trustees;
52-8 (5) may not set a tax rate for the district; and
52-9 (6) may not adopt a budget for the district that
52-10 provides for spending a different amount, exclusive of required
52-11 debt service, from that previously adopted by the board of
52-12 trustees.
52-13 Explanation: This change is necessary to clarify the duties
52-14 if the commissioner appoints a master or management team as an
52-15 accreditation sanction.
52-16 (103) Senate Rule 12.03(2) is suspended to permit the
52-17 committee to omit sections of the Education Code relating to
52-18 restricting written reports from school districts and school
52-19 district employees, teachers' records and reports, and reports to
52-20 the State Board of Education (Sections 39.156, 39.157, and 39.158
52-21 in engrossed version; Sections 39.151, 39.152, and 39.153 in house
52-22 special printing).
52-23 Explanation: This change is necessary to omit requirements
52-24 and restrictions relating to certain records and reports. As a
52-25 result of the omission, Section 39.159 in engrossed version
52-26 (Section 39.154 in house special printing) has been moved to
52-27 Section 29.083 in the conference committee report.
53-1 (104) Senate Rule 12.03(4) is suspended to permit the
53-2 committee to reorder the subsections in Section 41.002, Education
53-3 Code, and to add a new Section 41.002(c) to read as follows:
53-4 (c) The amount of money necessary to replace funds made
53-5 unavailable to the Foundation School Program by operation of
53-6 Subsection (b) may be paid only from funds specifically
53-7 appropriated for that purpose. If a sufficient amount of money is
53-8 not appropriated to fully replace funds made unavailable to the
53-9 Foundation School Program by operation of Subsection (b), the
53-10 adjustment to the taxable values of property in each district to
53-11 which Subsection (b) applies shall be modified proportionately to
53-12 the extent necessary so that the amount of funds made unavailable
53-13 is equal to the amount appropriated to replace those funds.
53-14 Explanation: This change is necessary to ensure that there
53-15 is not less money available for Foundation School Program purposes
53-16 as a result of the requirement under Subsection (b) that the
53-17 commissioner of education adjust the taxable values of a school
53-18 district's property to reflect a decline in value.
53-19 (105) Senate Rule 12.03(4) is suspended to permit the
53-20 committee to add Section 41.034(c), Education Code, to read as
53-21 follows:
53-22 (c) Four or more districts that consolidate into one
53-23 district under this subchapter within a period of one year may
53-24 elect to receive incentive aid under this section or to receive
53-25 incentive aid for not more than five years under Subchapter G,
53-26 Chapter 13. Incentive aid under this subsection may not provide
53-27 the consolidated district with more revenue in state and local
54-1 funds than the district would receive at the equalized wealth
54-2 level.
54-3 Explanation: This change is necessary to provide another
54-4 means of encouraging consolidation, which usually saves the state
54-5 and districts money. The change provides districts, under
54-6 specified circumstances, with flexibility in selecting between
54-7 incentives offered to districts that consolidate.
54-8 (106) Senate Rule 12.03(4) is suspended to permit the
54-9 committee to add a new Section 41.099, Education Code, to read as
54-10 follows:
54-11 Sec. 41.099. LIMITATIONS. Sections 41.002(e), 41.094,
54-12 41.097, and 41.098 apply only to a district that:
54-13 (1) executes an agreement to purchase all attendance
54-14 credits necessary to reduce the district's wealth per student to
54-15 the equalized wealth level; or
54-16 (2) executes an agreement to purchase attendance
54-17 credits and an agreement under Subchapter E to contract for the
54-18 education of nonresident students who transfer to and are educated
54-19 in the district but who are not charged tuition.
54-20 Explanation: This change, which, with a limited exception,
54-21 provides certain benefits to a district only if the district
54-22 achieves the equalized wealth level solely through the purchase of
54-23 attendance credits, is necessary to encourage a school district to
54-24 achieve the equalized wealth level through the purchase of
54-25 attendance credits under Subchapter D, Chapter 41, rather than
54-26 through another available means under Chapter 41 that is less
54-27 beneficial to the state.
55-1 (107) Senate Rule 12.03(1) is suspended to permit the
55-2 committee to strike "weighted students in average daily attendance"
55-3 and substitute "students in weighted average daily attendance" in
55-4 Sections 41.093, 41.121, and 41.158, Education Code.
55-5 Explanation: This change is necessary to conform Chapter 41
55-6 to similar changes made to Chapter 42.
55-7 (108) Senate Rule 12.03(4) is suspended to permit the
55-8 committee to add Subsection (a-1) to Section 42.005, Education
55-9 Code, to read as follows:
55-10 (a-1) Subsection (a) applies beginning with the 1997-1998
55-11 school year. For the 1995-1996 and 1996-1997 school years, average
55-12 daily attendance is the quotient of the sum of attendance for each
55-13 day of the minimum number of days of instruction as described under
55-14 Section 25.081(a) divided by the minimum number of days of
55-15 instruction. This subsection expires September 1, 1997.
55-16 Explanation: This change is necessary to delay including
55-17 extended year program attendance in the computation of average
55-18 daily attendance until the 1998-1999 biennium.
55-19 (109) Senate Rule 12.03(1) is suspended to permit the
55-20 committee to alter Section 42.101, Education Code, by striking
55-21 "vocational education" and substituting "career and technology
55-22 education."
55-23 Explanation: This change is necessary to conform with
55-24 terminology used in federal law.
55-25 (110) Senate Rule 12.03(4) is suspended to permit the
55-26 committee to add Section 42.102(c), Education Code, to read as
55-27 follows:
56-1 (c) Beginning with the 1996-1997 school year, the
56-2 commissioner shall recompute the cost of education index, excluding
56-3 from the computation the calculation for the diseconomies of scale
56-4 component and substituting a value of 1.00.
56-5 Explanation: This change is necessary to provide for the
56-6 computation of the cost of education adjustment for the 1996-1997
56-7 and subsequent school years.
56-8 (111) Senate Rule 12.03(4) is suspended to permit the
56-9 committee to add Section 42.103(e), Education Code, to read as
56-10 follows:
56-11 (e) The commissioner may make the adjustment authorized by
56-12 Subsection (d)(3) only if the district's wealth per student does
56-13 not exceed the equalized wealth level under Section 41.002. For
56-14 purposes of this subsection, a district's wealth per student is
56-15 determined in the manner provided by Section 41.001, except that
56-16 the adjustment provided by Subsection (d)(3) is not used in
56-17 computing the number of students in weighted average daily
56-18 attendance.
56-19 Explanation: This change is necessary to provide that the
56-20 mid-sized school adjustment is not applied in computing a school
56-21 district's wealth per student for purposes of the equalized wealth
56-22 level under Chapter 41.
56-23 (112) Senate Rule 12.03(1) is suspended to permit the
56-24 committee to alter text in Sections 42.152(c), (d), and (e),
56-25 Education Code, by striking "remedial instruction" and substituting
56-26 "accelerated instruction."
56-27 Explanation: This change is necessary to conform to
57-1 preferred terminology.
57-2 (113) Senate Rule 12.03(4) is suspended to permit the
57-3 committee to add a sentence at the end of Section 42.152(c),
57-4 Education Code, to read as follows:
57-5 A home-rule school district or an open-enrollment charter
57-6 school must use funds allocated under Subsection (a) to provide
57-7 compensatory services but is not otherwise subject to Subchapter C,
57-8 Chapter 29.
57-9 Explanation: This change is necessary to provide a home-rule
57-10 school district or open-enrollment charter school with greater
57-11 flexibility in providing a compensatory education program.
57-12 (114) Senate Rule 12.03(1) is suspended to permit the
57-13 committee to alter text in Section 42.152(m), Education Code
57-14 (Section 42.152(n), Education Code, in engrossed version; Section
57-15 42.152(m), Education Code, in house special printing), by striking
57-16 "students who are not disabled" and substituting "students who do
57-17 not have disabilities."
57-18 Explanation: This change is necessary to conform to
57-19 preferred terminology.
57-20 (115) Senate Rule 12.03(1) is suspended to permit the
57-21 committee to alter text in Section 42.154, Education Code, by
57-22 striking "vocational education" and substituting "career and
57-23 technology education" throughout the section.
57-24 Explanation: This change is necessary to conform with
57-25 terminology used in federal law.
57-26 (116) Senate Rule 12.03(1) is suspended to permit the
57-27 committee to alter Section 42.155(f), Education Code, by striking
58-1 "vocational education" and substituting "career and technology
58-2 education."
58-3 Explanation: This change is necessary to conform with
58-4 terminology used in federal law.
58-5 (117) Senate Rule 12.03(4) is suspended to permit the
58-6 committee to alter Section 42.155(j), Education Code (Section
58-7 42.155(h), Education Code, in engrossed version), by adding the
58-8 following sentence at the end of Subsection (j):
58-9 The commissioner shall determine the appropriate allotment.
58-10 Explanation: This change is necessary to allow the
58-11 commissioner of education to determine the appropriate
58-12 transportation allotment for the Texas School for the Deaf.
58-13 (118) Senate Rule 12.03(4) is suspended to permit the
58-14 committee to add a sentence at the end of Section 42.253(b),
58-15 Education Code, to read as follows:
58-16 The commissioner shall reduce the entitlement of each district that
58-17 has a final taxable value of property for the second year of a
58-18 state fiscal biennium that is higher than the estimate under
58-19 Section 42.254. A reduction under this subsection may not reduce
58-20 the district's entitlement below the amount to which it is entitled
58-21 at its actual taxable value of property. The sum of the reductions
58-22 under this subsection may not be greater than the amount necessary
58-23 to fully fund the entitlement of each district.
58-24 Explanation: This change is necessary to permit the
58-25 commissioner of education, in the second year of a state fiscal
58-26 biennium, to reduce the foundation school fund entitlement of a
58-27 school district that has a taxable value of property that is higher
59-1 than the estimate originally used to determine the district's
59-2 entitlement.
59-3 (119) Senate Rule 12.03(1) is suspended to permit the
59-4 committee to amend Section 43.005, Education Code, to read as
59-5 follows:
59-6 Sec. 43.005. EXTERNAL INVESTMENT MANAGERS. (a) The State
59-7 Board of Education may contract with private professional
59-8 investment managers to assist the board in making investments of
59-9 the permanent school fund. A contract under this subsection must
59-10 be approved by the board or otherwise entered into in accordance
59-11 with board rules relating to contracting authority.
59-12 (b) The State Board of Education by rule may delegate a
59-13 power or duty relating to the investment of the permanent school
59-14 fund to a committee, officer, employee, or other agent of the
59-15 board.
59-16 Explanation: This change is necessary to permit the State
59-17 Board of Education to delegate a power or duty relating to the
59-18 investment of the permanent school fund.
59-19 (120) Senate Rule 12.03(4) is suspended to permit the
59-20 committee to add Section 43.006, Education Code, to read as
59-21 follows:
59-22 Sec. 43.006. INVESTMENT MANAGEMENT. (a) The State Board of
59-23 Education may delegate investment authority and contract for the
59-24 investment of the permanent school fund to the same extent as the
59-25 governing board of an institution of higher education with respect
59-26 to an institutional fund under Chapter 163, Property Code.
59-27 (b) The board may enter into a contract with a nonprofit
60-1 corporation for the corporation to invest funds under the control
60-2 and management of the board, including the permanent school fund,
60-3 as designated by the board. The corporation may not engage in any
60-4 business other than investing funds designated by the board under
60-5 the contract.
60-6 (c) The board must approve the:
60-7 (1) articles of incorporation and bylaws of the
60-8 corporation and any amendment to the articles of incorporation or
60-9 bylaws;
60-10 (2) investment policies of the corporation, including
60-11 changes to those policies;
60-12 (3) audit and ethics committee of the corporation; and
60-13 (4) code of ethics of the corporation.
60-14 (d) The board of directors of the corporation must be
60-15 members of the State Board of Education.
60-16 (e) If an investment contract entered into under Subsection
60-17 (b) includes the permanent school fund within the scope of funds
60-18 under the control and management of the State Board of Education to
60-19 be invested by the corporation, the board shall provide for an
60-20 annual financial audit of the permanent school fund. The audit
60-21 shall be performed by the state auditor.
60-22 (f) The corporation shall file quarterly reports with the
60-23 State Board of Education concerning matters required by the board.
60-24 (g) The corporation is subject to the Texas Non-Profit
60-25 Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
60-26 Statutes).
60-27 (h) The corporation may not enter into an agreement or
61-1 transaction with a:
61-2 (1) director, officer, or employee of the corporation
61-3 acting in other than an official capacity on behalf of the
61-4 corporation;
61-5 (2) business entity in which a director, officer, or
61-6 employee of the corporation has an interest;
61-7 (3) former director, officer, or employee of the
61-8 corporation on or before the second anniversary of the date the
61-9 person ceased to be a director, officer, or employee of the
61-10 corporation; or
61-11 (4) business entity in which a former director,
61-12 officer, or employee of the corporation has an interest on or
61-13 before the second anniversary of the date the person ceased to be a
61-14 director, officer, or employee of the corporation.
61-15 (i) An agreement or transaction entered into in violation of
61-16 Subsection (h) is void.
61-17 (j) For purposes of this section, a person has an interest
61-18 in a business entity if:
61-19 (1) the person owns five percent or more of the voting
61-20 stock or shares of the business entity;
61-21 (2) the person owns five percent or more of the fair
61-22 market value of the business entity; or
61-23 (3) money received by the person from the business
61-24 entity exceeds five percent of the person's gross income for the
61-25 preceding calendar year.
61-26 (k) In this section:
61-27 (1) "Governing board" and "institutional fund" have
62-1 the meanings assigned by Chapter 163, Property Code.
62-2 (2) "Institution of higher education" has the meaning
62-3 assigned by Section 61.003.
62-4 Explanation: This change is necessary to permit the State
62-5 Board of Education to establish a nonprofit corporation to manage
62-6 the investment of the permanent school fund. Similar authority
62-7 with respect to the permanent university fund is granted to the
62-8 board of regents of The University of Texas System under H.B. No.
62-9 1877, effective May 23, 1995.
62-10 (121) Senate Rule 12.03(1) is suspended to permit the
62-11 committee to amend Section 43.008, Education Code (Section 43.007,
62-12 Education Code, in both engrossed version and house special
62-13 printing), to read as follows:
62-14 Sec. 43.008. TREATMENT OF PREMIUM AND DISCOUNT. (a) If the
62-15 State Board of Education authorizes the payment of a premium out of
62-16 the permanent school fund for purchasing any fixed-income security
62-17 as an investment for that fund, the principal of the security and a
62-18 portion of the interest accruing from the security equal to the
62-19 premium shall be treated as principal in the investment as
62-20 provided by Subsection (c) and shall be returned to the permanent
62-21 school fund.
62-22 (b) If the State Board of Education authorizes the purchase
62-23 of a fixed-income security at less than par, the discount received
62-24 in the purchase shall be paid to the available school fund as
62-25 additional interest revenue as provided by Subsection (c).
62-26 (c) The amount of an interest payment treated as principal
62-27 under Subsection (a) or the amount of a discount treated as
63-1 additional revenue under Subsection (b) shall be determined at the
63-2 end of a period using an interest method that produces a periodic
63-3 interest revenue or expenditure, including amortization, that
63-4 represents a level effective interest rate on the sum of the
63-5 maturity value of the fixed-income security and its unamortized
63-6 premium or discount at the beginning of the period. The difference
63-7 between the amount computed and the stated interest revenue on the
63-8 outstanding amount of the fixed-income security is the amount of
63-9 the periodic amortization.
63-10 (d) In this section:
63-11 (1) "Effective interest rate" means the interest rate
63-12 that, when used to discount debt service payments, produces a
63-13 present value equal to the debt proceeds.
63-14 (2) "Fixed-income security" means a government or
63-15 corporate obligation with a specified maturity date, interest rate,
63-16 and interest payment dates.
63-17 (3) "Stated interest revenue" means the face value or
63-18 coupon interest rate multiplied by the maturity value of the
63-19 fixed-income security.
63-20 Explanation: This change is necessary to permit the State
63-21 Board of Education to use generally accepted accounting principles
63-22 in amortizing the principal of and interest on certain securities
63-23 purchased for the permanent school fund. This change is also
63-24 necessary to conform the new code to the current code, as amended
63-25 by S.B. No. 409, effective September 1, 1995.
63-26 (122) Senate Rule 12.03(3) is suspended to permit the
63-27 committee to add text to Section 44.002(b), Education Code, to read
64-1 as follows:
64-2 (b) The budget must be prepared according to generally
64-3 accepted accounting principles, rules adopted by the State Board of
64-4 Education, and adopted policies of the board of trustees.
64-5 Explanation: This change is necessary to include language
64-6 that appeared in Section 12.181(d)(6) in the engrossed version.
64-7 (123) Senate Rules 12.03(1), (2), and (3) are suspended to
64-8 permit the committee to change the heading of Section 44.031,
64-9 Education Code, to change Subsections (a), (b), and (c) of that
64-10 section to read as follows, and to reletter subsequent subsections
64-11 appropriately:
64-12 Sec. 44.031. PURCHASING CONTRACTS. (a) Except as provided
64-13 by this section, all school district contracts, except contracts
64-14 for the purchase of produce or vehicle fuel, valued at $25,000 or
64-15 more in the aggregate for each 12-month period shall be made by the
64-16 method, of the following methods, that provides the best value to
64-17 the district:
64-18 (1) competitive bidding;
64-19 (2) competitive sealed proposals;
64-20 (3) a request for proposals;
64-21 (4) a catalogue purchase as provided by Subchapter B,
64-22 Chapter 2157, Government Code;
64-23 (5) an interlocal contract; or
64-24 (6) a design/build contract.
64-25 (b) In determining to whom to award a contract, the district
64-26 may consider:
64-27 (1) the purchase price;
65-1 (2) the reputation of the vendor and of the vendor's
65-2 goods or services;
65-3 (3) the quality of the vendor's goods or services;
65-4 (4) the extent to which the goods or services meet the
65-5 district's needs;
65-6 (5) the vendor's past relationship with the district;
65-7 (6) the impact on the ability of the district to
65-8 comply with laws and rules relating to historically underutilized
65-9 businesses;
65-10 (7) the total long-term cost to the district to
65-11 acquire the vendor's goods or services; and
65-12 (8) any other relevant factor that a private business
65-13 entity would consider in selecting a vendor.
65-14 Explanation: These changes are necessary to clarify the
65-15 manner in which school district can make purchases of personal
65-16 property and to impose consistent restrictions on purchases of
65-17 personal property and certain contracts made in relation to
65-18 buildings.
65-19 (124) Senate Rule 12.03(1) is suspended to permit the
65-20 committee to change Section 44.031(g), Education Code (Section
65-21 44.031(h), Education Code, in engrossed version and house special
65-22 printing), to read as follows:
65-23 (g) Notice of the time when and place where the bids or
65-24 proposals will be received shall be published in the county in
65-25 which the district's central administrative office is located, once
65-26 a week for at least two weeks before the date set for awarding the
65-27 contract, except that on contracts involving less than $25,000, the
66-1 advertising may be limited to two successive issues of any
66-2 newspaper published in the county in which the district's central
66-3 administrative office is located, and if there is not a newspaper
66-4 in that county, the advertising shall be published in a newspaper
66-5 in the county nearest the county seat of the county in which the
66-6 district's central administrative office is located.
66-7 Explanation: This change is necessary to require publication
66-8 of the date by which bids must be received, instead of the date on
66-9 which the contract will be let.
66-10 (125) Senate Rule 12.03(2) is suspended to permit the
66-11 committee to omit text from Section 44.032(b), Education Code, to
66-12 read as follows:
66-13 (b) An officer, employee, or agent of a school district
66-14 commits an offense if the person with criminal negligence makes or
66-15 authorizes separate, sequential, or component purchases to avoid
66-16 the requirements of Section 44.031(a) or (b). An offense under
66-17 this subsection is a Class B misdemeanor and is an offense
66-18 involving moral turpitude.
66-19 Explanation: This change is necessary to conform to changes
66-20 made under Section 44.031.
66-21 (126) Senate Rules 12.03(1) and (2) are suspended to permit
66-22 the committee to change Section 44.033(a), Education Code, to read
66-23 as follows:
66-24 (a) A school district shall purchase personal property as
66-25 provided by this section if the value of the items is at least
66-26 $10,000 but less than $25,000, in the aggregate, for a 12-month
66-27 period. In the alternative, the school district may purchase those
67-1 items in accordance with Sections 44.031(a) and (b).
67-2 Explanation: This change is necessary to conform to changes
67-3 made under Section 44.031.
67-4 (127) Senate Rule 12.03(2) is suspended to permit the
67-5 committee to omit from Section 45.003(c), Education Code, the
67-6 following:
67-7 Except as otherwise provided by this section, bonds may not be
67-8 issued pursuant to Subsection (b)(1) if the aggregate principal
67-9 amount of tax bond indebtedness of the district after issuing the
67-10 bonds would exceed 10 percent of the assessed valuation of taxable
67-11 property in the district according to the most recent approved ad
67-12 valorem tax rolls of the district. A district may issue bonds
67-13 resulting in an aggregate principal amount of tax bond indebtedness
67-14 that exceeds 10 percent of the district's assessed valuation if:
67-15 (1) the bonds are issued for the purpose of
67-16 constructing and equipping a replacement for a building lost to
67-17 fire or natural disaster;
67-18 (2) the bonds are issued in an amount necessary for
67-19 that purpose, less the amount paid by insurance covering the loss;
67-20 and
67-21 (3) the resulting aggregate principal amount of tax
67-22 bond indebtedness does not exceed 16 percent of the district's
67-23 assessed valuation.
67-24 Explanation: The omission of the ad valorem tax limit
67-25 computed according to assessed value of property in the district
67-26 would permit greater local control of tax decisions subject to
67-27 Section 45.003(e), Education Code, and would enable districts that
68-1 have reached the limit to issue bonds for necessary school
68-2 facilities.
68-3 (128) Senate Rule 12.03(2) is suspended to permit the
68-4 committee to omit Section 45.006, Education Code, other than
68-5 Subsection (e), engrossed version, which is similar to Subsections
68-6 (c) and (d) of the house special printing, relating to tax
68-7 limitations, and to renumber subsequent sections appropriately.
68-8 Explanation: The omission of the tax limitations conforms to
68-9 the limitation structure in Section 45.003 and eliminates
68-10 unnecessary references to constitutional limitations.
68-11 (129) Senate Rule 12.03(3) is suspended to permit the
68-12 committee to add text to Section 45.081(c) to read as follows:
68-13 (c) "Real property" means any interest in land, buildings,
68-14 or fixtures permanently attached to buildings or land.
68-15 Explanation: This change is necessary to include fixtures
68-16 permanently attached to land within the definition of real
68-17 property.
68-18 (130) Senate Rules 12.03(3) and (4) are suspended to permit
68-19 the committee to add a new Subsection (c) to Section 45.082 to read
68-20 as follows and to reletter subsequent subsections appropriately:
68-21 (c) The board is not required to determine that the real
68-22 property is not required for the current needs of the district if
68-23 the sale is:
68-24 (1) to a corporation established by the district under
68-25 Article 717s, Revised Statutes; and
68-26 (2) subject to a lease-purchase agreement under which
68-27 the district will acquire the real property.
69-1 Explanation: This change is necessary to permit a school
69-2 district to sell property to be used by the district to a
69-3 corporation established by the district.
69-4 (131) Senate Rules 12.03(1), (2), and (3) are suspended to
69-5 permit the committee to change the heading of Section 45.106,
69-6 Education Code, and the text of Subsection (a) of that section to
69-7 read as follows:
69-8 Sec. 45.106. USE OF COUNTY AVAILABLE FUND APPORTIONMENT FOR
69-9 AREA SCHOOLS CAREER AND TECHNOLOGY EDUCATION. (a) A school
69-10 district or accumulation of districts that operates a school
69-11 designated as an area school for career and technology education
69-12 purposes or that participates in a designated area career and
69-13 technology education program shall use its annual county available
69-14 school fund apportionment, if any, in the operation of the area
69-15 school or program or in financing facilities for the school,
69-16 notwithstanding any laws to the contrary.
69-17 Explanation: This change is necessary to conform to changes
69-18 in terminology made in other portions of the bill.
69-19 (132) Senate Rules 12.03(1), (2), (3), and (4) are suspended
69-20 to permit the committee to substitute the following for Subchapter
69-21 H, Chapter 45, Education Code:
69-22 SUBCHAPTER H. ASSESSMENT AND COLLECTION OF TAXES
69-23 Sec. 45.231. EMPLOYMENT OF ASSESSOR AND COLLECTOR. (a) The
69-24 board of trustees of an independent school district may employ a
69-25 person to assess or collect the school district's taxes and may
69-26 compensate the person as the board of trustees considers
69-27 appropriate.
70-1 (b) This section does not prohibit an independent school
70-2 district from providing for the assessment or collection of the
70-3 school district's taxes under a method authorized by Subchapter B,
70-4 Chapter 6, Tax Code.
70-5 Sec. 45.232. ALTERNATE METHODS OF SELECTION UNDER FORMER
70-6 LAW. An independent school district that used a method of
70-7 selecting the assessor or collector of the school district's taxes
70-8 for the 1994 tax year that was authorized by former Subchapter F,
70-9 Chapter 23, as that subchapter existed on January 1, 1994, but that
70-10 is not authorized by Section 45.231 or by Subchapter B, Chapter 6,
70-11 Tax Code, may continue to use that method of selection until the
70-12 school district uses another method authorized by Section 45.231 or
70-13 by Subchapter B, Chapter 6, Tax Code, to determine how the
70-14 assessment or collection is performed.
70-15 Explanation: This change is necessary to omit outdated
70-16 procedures relating to tax assessors and collectors, to allow broad
70-17 local discretion to employ a tax assessor and collector, and to
70-18 preserve current exceptions and authorizations.
70-19 (133) Senate Rule 12.03(1) is suspended to permit the
70-20 committee to amend redesignated Chapter 133, Education Code, as
70-21 amended by Section 3 of the bill (Section 31 in engrossed version)
70-22 to strike references to "vocational education" and substitute
70-23 "career and technology education."
70-24 Explanation: This change is necessary to conform to changes
70-25 in federal law terminology.
70-26 (134) Senate Rule 12.03(1) is suspended to permit the
70-27 committee to amend redesignated Chapter 133, Education Code, as
71-1 amended by Section 3 of the bill (Section 31 in engrossed version)
71-2 to change references to "board" to "commission" and add Section
71-3 133.001(5) to read as follows:
71-4 (5) "Commission" means the Texas Employment
71-5 Commission.
71-6 Explanation: This change is necessary to transfer the
71-7 proposed administration of Chapter 133 from the Texas Higher
71-8 Education Coordinating Board to the Texas Employment Commission.
71-9 (135) Senate Rule 12.03(3) is suspended to permit the
71-10 committee to amend redesignated Chapter 51, Education Code, as
71-11 amended by Section 4 of the bill (Section 32 in engrossed version)
71-12 to add Section 51.752(h) to read as follows:
71-13 (h) If the legislature fails to appropriate funds for the
71-14 operation of the Educational Economic Policy Center, the
71-15 Legislative Budget Board shall perform the duties of the committee
71-16 under this subchapter. The board shall make the annual reports
71-17 required by Subsection (g) to the presiding officers of the
71-18 standing committees of the senate and the house of representatives
71-19 with primary jurisdiction over the public school system.
71-20 Explanation: This change is necessary to allow the functions
71-21 of the Educational Economic Policy Center to be performed in the
71-22 absence of specific appropriations.
71-23 (136) Senate Rule 12.03(1) is suspended to permit the
71-24 committee to amend Section 61.077, Education Code, as amended by
71-25 Section 20 of the bill (Section 40 in engrossed version; Section 15
71-26 in house special printing), to strike references to "vocational" or
71-27 "vocational-technical" and substitute "career and technology" and
72-1 to strike references to "State Board of Vocational Education" and
72-2 substitute "State Board for Career and Technology Education".
72-3 Explanation: This change is necessary to conform to changes
72-4 in federal law terminology.
72-5 (137) Senate Rule 12.03(4) is suspended to permit the
72-6 committee to amend Section 822.201(c), Government Code, as amended
72-7 in Section 35 of the bill, to read as follows:
72-8 (c) Excluded from salary and wages are expense payments,
72-9 allowances, payments for unused vacation or sick leave, maintenance
72-10 or other nonmonetary compensation, fringe benefits, deferred
72-11 compensation other than as provided by Subsection (b)(3),
72-12 compensation that is not made pursuant to a valid employment
72-13 agreement, payments received in the 1995-96 or a subsequent school
72-14 year for teaching a driver education and traffic safety course, and
72-15 any compensation not described in Subsection (b).
72-16 Explanation: This change is necessary to exclude payments
72-17 made for nonacademic activities from being used to determine
72-18 contributions or benefits under the Teacher Retirement System of
72-19 Texas.
72-20 (138) Senate Rules 12.03(1) and (3) are suspended to permit
72-21 the committee to amend Subsections (a) and (b) of and add
72-22 Subsection (b-1) to Section 825.405, Government Code, as amended in
72-23 Section 37 of the bill (Section 52 in engrossed version; Section 29
72-24 in house special printing), to read as follows:
72-25 (a) For members entitled to the minimum salary for certain
72-26 school personnel under Section 21.402 <16.056>, Education Code, and
72-27 for members who would have been entitled to the minimum salary for
73-1 certain school personnel under former Section 16.056, Education
73-2 Code, as that section existed on January 1, 1995, the employing
73-3 district shall pay the state's contribution on the portion of the
73-4 member's salary that exceeds the statutory minimum or former
73-5 statutory minimum, as applicable.
73-6 (b) For purposes of this section, the statutory minimum
73-7 salary is the salary provided by Section 21.402 or the former
73-8 Sections 16.056 and 16.058, Education Code, multiplied by the cost
73-9 of education adjustment applicable under Section 42.102 <16.102>,
73-10 Education Code, to the district in which the member is employed.
73-11 (b-1) Notwithstanding Subsections (a) and (b), for the
73-12 1995-1996 school year, for a member entitled to the minimum salary
73-13 for certain school personnel under Section 21.4011, Education Code,
73-14 the employing district shall pay the state's contribution on the
73-15 portion of the member's salary that exceeds the statutory minimum.
73-16 For purposes of this section, for the 1995-1996 school year, the
73-17 statutory minimum salary is the salary provided by Section 21.4011,
73-18 Education Code, multiplied by the cost of education adjustment
73-19 applicable under Section 42.102, Education Code, to the district in
73-20 which the member is employed. This subsection expires September 1,
73-21 1996.
73-22 Explanation: This change is necessary to continue to allow
73-23 the state to recover retirement contributions on excess salary
73-24 payments and to provide a one-year transition to the changes in the
73-25 provision.
73-26 (139) Senate Rule 12.03(2) is suspended to permit the
73-27 committee to omit the section amending Section 98A(b), Public
74-1 Utility Regulatory Act (Section 61, in the senate engrossment;
74-2 Section 47 in the house special printing), which reads as follows:
74-3 SECTION 47. CONFORMING AMENDMENT. Subsection (b), Section
74-4 98A, Public Utility Regulatory Act (Article 1446c, Vernon's Texas
74-5 Civil Statutes), is amended to read as follows:
74-6 (b) In this section, "interactive multimedia communications"
74-7 means real-time, two-way, interactive voice, video, and data
74-8 communications conducted over networks that link geographically
74-9 dispersed locations <has the meaning assigned by Section
74-10 14.0451(a), Education Code>.
74-11 Explanation: The omission is necessary because the provision
74-12 amended the Public Utility Regulatory Act, which has since been
74-13 repealed and replaced with the Public Utility Regulatory Act of
74-14 1995.
74-15 (140) Senate Rule 12.03(3) is suspended to permit the
74-16 committee to add the following sections:
74-17 SECTION 49. CONFORMING AMENDMENT. Section 3.355(h)(2),
74-18 Public Utility Regulatory Act of 1995, as enacted by Chapter 9,
74-19 Acts of the 74th Legislature, Regular Session, 1995, is amended to
74-20 read as follows:
74-21 (2) "Educational institution" means and includes:
74-22 (A) accredited primary or secondary schools
74-23 owned or operated by state and local governmental entities or
74-24 private entities;
74-25 (B) institutions of higher education as defined
74-26 by Section 61.003, Education Code;
74-27 (C) private institutions of higher education
75-1 accredited by a recognized accrediting agency as defined by Section
75-2 61.003(13), Education Code;
75-3 (D) the Texas <Central> Education Agency, its
75-4 successors and assigns;
75-5 (E) regional education service centers
75-6 established and operated pursuant to Chapter 8 <Sections 11.32 and
75-7 11.33>, Education Code; and
75-8 (F) the Texas Higher Education Coordinating
75-9 Board, its successors and assigns.
75-10 SECTION 50. CONFORMING AMENDMENT. Section 3.358(b), Public
75-11 Utility Regulatory Act of 1995, as enacted by Chapter 9, Acts of
75-12 the 74th Legislature, Regular Session, 1995, is amended to read as
75-13 follows:
75-14 (b) In this section, "interactive multimedia communications"
75-15 means real-time, two-way, interactive voice, video, and data
75-16 communications conducted over networks that link geographically
75-17 dispersed locations <has the meaning assigned by Section
75-18 14.0451(a), Education Code, as added by Chapter 868, Acts of the
75-19 73rd Legislature, Regular Session, 1993>.
75-20 Explanation: Section 49 is necessary to correct references
75-21 to the Texas Education Agency and the statutory authority for
75-22 operation of regional education service centers. Section 50 is
75-23 necessary because the comparable provisions in the house special
75-24 printing (Section 47) and senate engrossment (Section 61) amended
75-25 the Public Utility Regulatory Act, which has since been repealed
75-26 and replaced with the Public Utility Regulatory Act of 1995.
75-27 (141) Senate Rule 12.03(4) is suspended to permit the
76-1 committee in Section 51 of the conference committee report to amend
76-2 Section 22, Psychologists' Certification and Licensing Act (Article
76-3 4512c, Vernon's Texas Civil Statutes), to read as follows:
76-4 Sec. 22. EXEMPTIONS. Nothing in this Act shall be construed
76-5 to apply to:
76-6 (a) the activities, services and use of official title
76-7 on the part of a person employed as a psychologist or psychological
76-8 associate by any: (1) governmental agency<, (2) public school
76-9 district,> or (2) <(3)> regionally accredited institution of higher
76-10 education provided such employee is performing those duties for
76-11 which he is employed by such agency<, district,> or institution and
76-12 within the confines of such agency<, district,> or institution
76-13 insofar as such activities and services are a part of the duties of
76-14 his office or position as a psychologist or psychological associate
76-15 with such agency<, district,> or institution; except that persons
76-16 employed as psychologists or psychological associates who offer or
76-17 provide psychological services to the public (other than lecture
76-18 services) for a fee, monetary or otherwise, over and above the
76-19 salary that they receive for the performance of their regular
76-20 duties, and/or persons employed as psychologists or psychological
76-21 associates by organizations that sell psychological services to the
76-22 public (other than lecture services) for a fee, monetary or
76-23 otherwise must be licensed under the provisions of this Act;
76-24 (b) the activities and services of a student, intern
76-25 or resident in psychology, pursuing a course of study in
76-26 preparation for the profession of psychology under qualified
76-27 supervision in recognized training institutions or facilities, if
77-1 these activities and services constitute a part of his supervised
77-2 course of study, provided that such an individual is designated by
77-3 a title such as "psychological intern," "psychological trainee," or
77-4 others clearly indicating such training status;
77-5 (c) the activities and services of members of other
77-6 licensed professions, including physicians, surgeons, attorneys,
77-7 registered nurses, licensed vocational nurses, occupational
77-8 therapists, certified social workers, licensed professional
77-9 counselors, career counselors, licensed marriage and family
77-10 therapists, and licensed chemical dependency counselors, if the
77-11 activities and services are permitted under the applicable license
77-12 and the members do not represent themselves to be psychologists or
77-13 describe their services by the use of the term "psychological";
77-14 (d) the activities and services of duly recognized
77-15 members of the clergy who are acting within the members'
77-16 ministerial capabilities, if the members do not represent
77-17 themselves to be psychologists or describe their services by the
77-18 use of the term "psychological";
77-19 (e) the voluntary activities and services of persons
77-20 employed by or working on the behalf of charitable nonprofit
77-21 organizations, if the persons do not represent themselves to be
77-22 psychologists or describe their services by the use of the term
77-23 "psychological."
77-24 Explanation: This change is necessary to require school
77-25 psychologists to be licensed by the Texas State Board of Examiners
77-26 of Psychologists rather than certified by the Central Education
77-27 Agency.
78-1 (142) Senate Rule 12.03(4) is suspended to permit the
78-2 committee in Section 51 of the conference committee report to add
78-3 Section 26, Psychologists' Certification and Licensing Act (Article
78-4 4512c, Vernon's Texas Civil Statutes), to read as follows:
78-5 Sec. 26. LICENSED SPECIALIST IN SCHOOL PSYCHOLOGY. (a) The
78-6 board by rule shall adopt the license classification of "licensed
78-7 specialist in school psychology." A license issued under this
78-8 section constitutes the appropriate credential for a person to
78-9 provide psychological services in a school in this state as
78-10 required by Section 21.003(b), Education Code.
78-11 (b) The board shall set the standards for qualification of a
78-12 license issued under this section. The standards must include:
78-13 (1) minimum recognized graduate degree requirements;
78-14 (2) completion of graduate course work at a regionally
78-15 accredited institution of higher education in the following areas:
78-16 (A) psychological foundations;
78-17 (B) educational foundations;
78-18 (C) interventions;
78-19 (D) assessments; and
78-20 (E) professional issues and ethics;
78-21 (3) completion of a minimum of 1,200 hours of
78-22 supervised experience;
78-23 (4) receipt of a passing score on a nationally
78-24 recognized qualifying examination determined to be appropriate by
78-25 the board and on any other examination determined to be necessary
78-26 by the board; and
78-27 (5) satisfaction of the requirements imposed under
79-1 Section 11(d) of this Act.
79-2 (c) The rules of practice for a licensed specialist in
79-3 school psychology must comply with nationally recognized standards
79-4 for the practice of school psychology.
79-5 Explanation: This change is necessary to require the setting
79-6 of standards for persons who provide psychological services in
79-7 schools.
79-8 (143) Senate Rule 12.03(1) is suspended to permit the
79-9 committee in Section 53 of the conference committee report (Section
79-10 63 in engrossed version; Section 50 in house special printing) to
79-11 strike references to "vocational education" and the "State Board of
79-12 Vocational Education" in Section 2.06, Workforce and Economic
79-13 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
79-14 Statutes), and substitute references to "career and technology
79-15 education" and "State Board for Career and Technology Education,"
79-16 respectively.
79-17 Explanation: This change is necessary to conform to
79-18 terminology used in federal law.
79-19 (144) Senate Rule 12.03(4) is suspended to permit the
79-20 committee in Section 58 of the conference committee report (Section
79-21 79 in engrossed version; Section 54 in house special printing) to
79-22 repeal the heading to Subchapter A, Chapter 34, Education Code.
79-23 Explanation: This change is necessary because the substance
79-24 of Subchapter A, Chapter 34, has been repealed.
79-25 (145) Senate Rule 12.03(4) is suspended to permit the
79-26 committee in Section 58 of the conference committee report (Section
79-27 79 in engrossed version; Section 54 in house special printing) to
80-1 repeal Section 3A, Chapter 280, Acts of the 53rd Legislature,
80-2 Regular Session, 1953 (Article 6701d-1, Vernon's Texas Civil
80-3 Statutes).
80-4 Explanation: This change is necessary to conform to changes
80-5 made to Section 34.004.
80-6 (146) Senate Rule 12.03(4) is suspended to permit the
80-7 committee in Section 63 of the conference committee report (Section
80-8 89 in engrossed version) to add the following text:
80-9 (f) The Texas Education Agency may issue certificates under
80-10 Subchapter B, Chapter 13, Education Code, as that subchapter
80-11 existed on January 1, 1995, until:
80-12 (1) September 1, 1996, in the case of a person
80-13 required to be licensed by a state agency other than the State
80-14 Board for Educator Certification, as provided by Section 21.003(b),
80-15 Education Code; and
80-16 (2) the effective date of rules of the State Board for
80-17 Educator Certification for certification under Subchapter B,
80-18 Chapter 21, Education Code, as added by this Act, in the case of a
80-19 person required to hold a certificate under Section 21.003(a),
80-20 Education Code, as added by this Act.
80-21 (g) A person who is employed by a public school in a
80-22 position described by Section 21.003(b), Education Code, as added
80-23 by this Act, other than the position of school psychologist or
80-24 associate school psychologist, and who holds a certificate issued
80-25 by the Central Education Agency or the Texas Education Agency under
80-26 former Subchapter B, Chapter 13, Education Code, before September
80-27 1, 1996, may continue to practice under that certificate. A person
81-1 practicing under a certificate to which this subsection applies may
81-2 practice only in the employment of a public school.
81-3 (h) Not later than November 1, 1997, the State Board for
81-4 Educator Certification shall propose rules relating to educator
81-5 certification, including alternative certification, educator
81-6 appraisals, and certification sanctions, and other rules the board
81-7 is required to propose under Subchapter B, Chapter 21. Rules
81-8 adopted by the State Board of Education under Subchapter B, Chapter
81-9 13, Education Code, as that subchapter existed on January 1, 1995,
81-10 continue in effect until the effective date of rules of the State
81-11 Board for Educator Certification under Subchapter B, Chapter 21.
81-12 Explanation: This change is necessary to provide for the
81-13 transition to certification of educators by the State Board for
81-14 Educator Certification.
81-15 (147) Senate Rules 12.03(1) and (3) are suspended to permit
81-16 the committee to change and add text in Section 64(a) of the
81-17 conference committee report (Section 90(a) in engrossed version;
81-18 Section 58(a) in house special printing) to read as follows:
81-19 (a) Not later than November 1, 1995, the State Board of
81-20 Education shall adopt rules for the certification of hearing
81-21 examiners under Section 21.252, Education Code, as added by this
81-22 Act. Notwithstanding Section 7.102(e), Education Code, as added by
81-23 this Act, rules adopted under this subsection take effect as
81-24 provided by Chapter 2001, Government Code.
81-25 Explanation: This change is necessary to provide that rules
81-26 for the certification of hearing examiners take effect as provided
81-27 by the Administrative Procedure Act rather than as provided by
82-1 Section 7.102(e), Education Code, under which a rule does not take
82-2 effect until the beginning of the school year that begins at least
82-3 90 days after the date on which the rule was adopted.
82-4 (148) Senate Rule 12.03(4) is suspended to permit the
82-5 committee to add text in Section 66 of the conference committee
82-6 report to read as follows:
82-7 SECTION 66. TRANSITION RELATING TO MINIMUM SICK LEAVE
82-8 PROGRAM. A public school employee retains any sick leave the
82-9 employee has accumulated as state minimum sick leave under former
82-10 Section 13.904(a), Education Code, as that subsection existed on
82-11 January 1, 1995. Former Section 13.904(c), Education Code, as that
82-12 subsection existed on January 1, 1995, governs the use of that sick
82-13 leave, and that law is continued in effect for that purpose.
82-14 Explanation: This change is necessary to permit a public
82-15 school employee to retain any sick leave the employee accumulated
82-16 as state minimum sick leave under former Section 13.904(c).
82-17 (149) Senate Rule 12.03(4) is suspended to permit the
82-18 committee to add text in Section 69 of the conference committee
82-19 report to read as follows:
82-20 SECTION 69. TRANSITION PROVISION RELATING TO TEXTBOOKS. (a)
82-21 The addition of Chapter 31, Education Code, by this Act does not
82-22 affect the terms or validity of any contract entered into by the
82-23 State Board of Education in accordance with former Chapter 12,
82-24 Education Code, as that chapter existed at the time the contract
82-25 was entered into, and that chapter is continued in effect for that
82-26 purpose.
82-27 (b) The State Board of Education shall proceed with the
83-1 adoption of textbooks whose adoption is in progress on the
83-2 effective date of this Act, and Chapter 12, Education Code, as that
83-3 chapter existed on January 1, 1995, is continued in effect for that
83-4 purpose.
83-5 Explanation: This change is necessary to clarify that
83-6 Chapter 31, Education Code, does not affect existing textbook
83-7 contracts and to permit the State Board of Education to proceed
83-8 with the adoption of textbooks under the former law if the adoption
83-9 was in progress on the effective date of S.B. 1.
83-10 (150) Senate Rule 12.03(1) is suspended to permit the
83-11 committee to strike references in Section 72 of the conference
83-12 committee report (Section 98 in engrossed version; Section 68 in
83-13 house special printing) to the "commissioner of higher education"
83-14 and the "Texas Higher Education Coordinating Board" and substitute
83-15 references to the "Texas Employment Commission" and to strike
83-16 references to the "State Board for Career and Technical Education"
83-17 and substitute references to the "State Board for Career and
83-18 Technology Education."
83-19 Explanation: The change regarding the references to the
83-20 Texas Employment Commission is necessary to conform to provisions
83-21 granting the Texas Employment Commission authority over
83-22 apprenticeship training provisions. The change regarding
83-23 references to the State Board for Career and Technology Education
83-24 is necessary to conform to terminology used in federal law.
83-25 (151) Senate Rule 12.03(4) is suspended to permit the
83-26 committee to add text in Section 73 of the conference committee
83-27 report to read as follows:
84-1 SECTION 73. APPLICABILITY OF SECTION 41.098, EDUCATION CODE.
84-2 Section 41.098, Education Code, as added by this Act, applies
84-3 beginning with the 1996-1997 school year.
84-4 Explanation: This change is necessary to postpone the
84-5 applicability of Section 41.098, which pertains to early agreement
84-6 credit, until the 1996-1997 school year.
84-7 (152) Senate Rule 12.03(4) is suspended to permit the
84-8 committee to add text in Section 74 of the conference committee
84-9 report to read as follows:
84-10 SECTION 74. AUDIT OF PERMANENT SCHOOL FUND. The State Board
84-11 of Education shall retain an independent accounting firm to perform
84-12 a financial audit of the permanent school fund before the board
84-13 implements a contract for investment of the permanent school fund
84-14 by a corporation pursuant to the authority granted by Section
84-15 43.006, Education Code, as added by this Act.
84-16 Explanation: This change is necessary to require an audit of
84-17 the permanent school fund before a corporation invests the money in
84-18 the fund on behalf of the State Board of Education.
84-19 (153) Senate Rule 12.03(4) is suspended to permit the
84-20 committee to add text in Section 75 of the conference committee
84-21 report to read as follows:
84-22 SECTION 75. APPLICABILITY OF SECTION 43.008(c), EDUCATION
84-23 CODE. Section 43.008(c), Education Code, as added by this Act,
84-24 applies to each fixed-income security purchased as an investment
84-25 for the permanent school fund regardless of the date of purchase.
84-26 Explanation: This change is necessary to clarify the
84-27 fixed-income securities to which Section 43.008(c) applies.
85-1 (154) Senate Rule 12.03(4) is suspended to permit the
85-2 committee to add text in Section 78 of the conference committee
85-3 report to read as follows:
85-4 SECTION 78. TRANSITION PROVISION RELATING TO SCHOOL
85-5 PSYCHOLOGISTS. (a) A person who, on or after September 1, 1992,
85-6 but before September 1, 1996, was employed as a school psychologist
85-7 or associate school psychologist by a school district of this state
85-8 under the Education Code, as that code existed on January 1, 1995,
85-9 is entitled to a license as a licensed school psychologist under
85-10 Section 26, Psychologists' Certification and Licensing Act (Article
85-11 4512c, Vernon's Texas Civil Statutes), as added by this Act,
85-12 without examination, if the person applies to the Texas State Board
85-13 of Examiners of Psychologists for the license before September 1,
85-14 1997, and pays the appropriate fees set by that board.
85-15 (b) A person who is employed by a public school as a school
85-16 psychologist or associate school psychologist and who holds a
85-17 certificate issued by the Central Education Agency or the Texas
85-18 Education Agency under former Subchapter B, Chapter 13, Education
85-19 Code, may continue to practice under that certificate until the
85-20 person obtains a license as a licensed school psychologist as
85-21 provided by Subsection (a) of this section.
85-22 Explanation: This change is necessary to provide a
85-23 transition provision for licensing of school psychologists.
85-24 (155) Senate Rule 12.03(4) is suspended to permit the
85-25 committee to add text in Section 83 of the conference committee
85-26 report to read as follows:
85-27 SECTION 83. PROPOSAL TO IDENTIFY AND ASSIST STUDENTS
86-1 REQUIRING SPECIAL SERVICES. Not later than December 1, 1996, the
86-2 State Board of Education shall submit to the legislature a proposal
86-3 to identify and assist students who do not qualify for special
86-4 education services under Subchapter A, Chapter 29, Education Code,
86-5 as added by this Act, but who require special services beyond the
86-6 regular school program. The proposal must include methods of
86-7 assessing the special abilities and needs of these students as well
86-8 as a system to provide these students with appropriate education
86-9 and career training. Individuals trained in diagnostic and
86-10 evaluation procedures must be involved in the development of the
86-11 board's proposal.
86-12 Explanation: This change is necessary to require the State
86-13 Board of Education to submit to the legislature a proposal to
86-14 identify and assist certain students requiring special services.
86-15 (156) Senate Rule 12.03(4) is suspended to permit the
86-16 committee to add text in Section 84 of the conference committee
86-17 report to read as follows:
86-18 SECTION 84. RECOMMENDATION CONCERNING HIGH SCHOOL PROGRAMS
86-19 OF STUDY. Not later than January 1, 1997, the commissioner of
86-20 education shall report to the legislature concerning recommended
86-21 high school programs of study for college preparation and for broad
86-22 career concentrations in areas such as arts and communication,
86-23 business and management, health services, human resources,
86-24 industrial and engineering systems, and natural resources. The
86-25 recommendations must address providing guidance to a student on
86-26 sequences of rigorous courses that will prepare the student for
86-27 continued learning in postsecondary educational, training, or
87-1 employment settings.
87-2 Explanation: This change is necessary to require the
87-3 commissioner of education to report to the legislature concerning
87-4 recommended high school programs of study to prepare students for
87-5 college and employment.
87-6 (157) Senate Rule 12.03(4) is suspended to permit the
87-7 committee to add text in Section 85 of the conference committee
87-8 report to read as follows:
87-9 SECTION 85. LEGISLATIVE BUDGET BOARD STUDY OF ALLOTMENTS AND
87-10 ADJUSTMENTS UNDER CHAPTER 42, EDUCATION CODE. (a) The Legislative
87-11 Budget Board shall study the various allotments and adjustments
87-12 provided for by Chapter 42, Education Code, for the purpose of
87-13 improving the efficient distribution of state funds.
87-14 (b) As part of this study, the board shall review the method
87-15 by which the state funds the school transportation system. The
87-16 purpose of this review is to improve efficiency and reduce the
87-17 paperwork burden on school districts. The board shall also audit
87-18 each school district whose transportation allocation significantly
87-19 deviates from the average allocation on a student density basis to
87-20 determine the reasons for that deviation.
87-21 (c) The board shall report its findings to the legislature
87-22 not later than November 1, 1996.
87-23 Explanation: This change is necessary to require the
87-24 Legislative Budget Board to study the various allotments and
87-25 adjustments provided for by Chapter 42 for the purpose of improving
87-26 the efficient distribution of state funds.
87-27 ¯BEGCAPTIONÆ
88-1 Suspending limitations on conference committee jurisdiction, S.B.
88-2 1.
88-3 ¯ENDCAPTIONÆ