SR S.B. 1158 75(R)    BILL ANALYSIS


PUBLIC EDUCATION
S.B. 1158
By: Luna, Gregory (Sadler)
5-6-97
Committee Report (Unamended)



BACKGROUND 

Currently, the twenty regional education service centers 
established under former Section 11.32, 
Education Code, are to be abolished on August 31, 1997, and 
Chapter 8, Education Code, is to be 
repealed unless continuing legislative action occurs.

PURPOSE

To provide for the continuation of regional education service 
centers.

RULEMAKING AUTHORITY

It is the committee's opinion the bill expressly grants 
rulemaking authority in SECTION 1 to the 
commissioner of education.

SECTION BY SECTION ANALYSIS

SECTION 1

 Amends Chapter 8, Education Code as follows:
 
 Section 8.001 (a) The commissioner shall provide for the 
establishment and operation of 
 a system of not more than 20 regional education service centers. 
 (b) Provides that each school district has the opportunity to be 
served by and participate 
 in a center that meets the accountability standards established 
by the commissioner.
 (c) The commissioner may decide any matter concerning the 
operation or administration 
 of the system of regional education service centers including:  
the number and location, 
 the regional boundaries of the centers, and the allocation among 
centers of state and 
 federal funds administered by the agency.
 (d) This chapter does not limit a school district's freedom to 
purchase services from any 
 regional education service center, or require a school district 
to purchase services from a 
 regional education service center.

 Section 8.002 The system of regional education service centers 
shall assist school 
 districts in improving student performance in each region of the 
system, enable school 
 districts to operate more efficiently and economically, and 
implement initiatives assigned 
 by the legislature or commissioner.

 Section 8.003 (b) The commissioner shall adopt rules to provide 
for the local selection, 
 appointment, and continuity of membership of regional educational 
 service center boards 
 of directors.
 (e) Each regional educational service center board of directors 
shall develop  
 policies to ensure the sound management and operation of the 
center consistent with 
 Section 8.002.  Also, regional service centers shall offer 
programs to campuses under 
 Section 8.051, 8.052, and 8.053.
 (f) Each regional education service center board of directors 
shall adopt an annual budget 
 for the following year after conducting a public hearing on the 
center's performance 
 during the preceding year on standards established by the 
commissioner.

 Section 8.004 The selection and dismissal of the executive 
director of a regional  
 education service center is subject to the approval of the 
commissioner.

 Section 8.005 A regional education service center and its 
employees are subject to or 
 exempt from taxation in the same manner as a school district and 
school district  
 employees.

 Section 8.006 An employee or volunteer of a regional education 
service center is immune 
 from liability to the same extent as an employee or volunteer of 
a school district. 

 Section 8.007 (a)  Requires service centers to accept personal 
leave accrued by a center 
 employee as sick leave under state law as a state employee.
 (b) A school district or the state shall accept the personal 
leave accrued by an employee 
 who was formally employed by a regional education service center.

 Section 8.051 (a) Each regional education service center shall use 
funds distributed to 
 develop, maintain, and deliver services identified under this 
section to improve student 
 and school district performance.
   (b) Each regional education service center shall annually 
develop and submit to the 
 commissioner for approval a plan for improvement.  Each plan must 
include the purposes 
 and description of the services the center will provide to 
low-performing campuses, the 
 lowest performing campus in the region, and other campuses.
 (c) Each regional education service center shall provide services 
that enable school 
 districts to operate more efficiently and economically.
 (d) Identifies the core training and assistance services that 
service centers are required to 
 offer to districts and campuses.

 Section 8.052 As directed by the commissioner each regional 
education service center 
 shall, as necessary, use funds distributed under Section 8.123 to 
implement initiatives 
 identified by the legislature. 

 Section 8.053 In addition to the services provided and the 
initiatives implemented, 
 a regional education service center may offer any service 
requested and purchased by any 
 school district or campus in the state.

 Section 8.054 A regional education service center may not perform 
a regulatory function 
 regarding a school district, but may offer training or other 
assistance to a school district in 
 complying with a state or federal law, rule, or regulation.

 Section 8.055 (a) Each regional education service center may 
purchase or lease property 
 or acquire property through lease-purchase and may incur debts 
for that purpose.  A 
 transaction under this subsection is subject to approval of the 
board of directors.
 (b) Any transaction under this subsection involving real property 
is subject to approval by 
 the board of directors and the commissioner of education.
 (c) Each regional education service center may dispose of 
property in the manner and on 
 the terms that the board of directors determines.

 Section 8.101 The commissioner shall establish performance 
standards and  
 indicators for regional education service centers that measure 
the achievement of the 
 objectives in Section 8.002.  These performance standards and 
indicators must include 
 student performance in districts served, district effectiveness 
resulting from center 
 assistance, direct services provided that benefit districts and 
regions, and grants received 
 to implement state initiatives. 

 Section 8.102 Each regional education service center shall report 
audited or budgeted 
 financial information and any other information requested by the 
commissioner for use in 
 assessing the performance of the center.  The commissioner shall 
develop a uniform 
 system to report audited financial data, to report information on 
the indicators, and to 
 provide information on client satisfaction with services provided.
 

 Section 8.103  The commissioner shall conduct an annual evaluation 
of each executive 
 director and regional education service center.  Each evaluation 
must include an audit of 
 the center's finances, a review of the center's performance on 
the indicators, a review of 
 client satisfaction with services provided, and a review of any 
other factor the  
 commissioner determines to be appropriate.

 Section 8.104 The commissioner shall develop a system of 
corrective actions to require 
 of a regional education service center that the commissioner 
determines to be deficient in 
 an accountability measure under Section 8.103.  The actions will 
include conducting an 
 on-site investigation of the center as the least severe action.

 Section 8.121 (a) Regional education service centers receive state 
financial support for 
 services provided under Section 8.051 from money appropriated for 
the Foundation 
 School Program.  The commissioner shall distribute money based on 
the minimum 
 amount necessary for operation, an additional amount of money 
that reflects the size and 
 number of campuses served by the center, and the impact of the 
geographic size of 
 a center's service area on the cost of providing services under 
Section 8.051. 
 (b) The allotments authorized by Subsection (a) in any year may 
not be less than .4 
 percent of the amount appropriated for purposes of the Foundation 
School Program for 
 that year.
 (c) Each center shall use money distributed under this section 
for the provision of services 
 required under Section 8.051 or for payment of necessary 
administrative and operational 
 expenses of the center related to the provision of those services.

 Section 8.122 (a) The legislature may appropriate money from the 
foundation school 
 fund to establish an incentive fund to encourage efficiency in 
the provision of services by 
 the system of regional education service centers. 
  (b)  The commissioner may submit to each regular session of the 
legislature an incentive 
 funding report and plan that: demonstrates centers are providing 
the services required or 
 permitted by law; defines efficiencies of scale in measurable 
terms; proposes the payment 
 size and schedule for the incentive fund; and establishes a 
method for   
 documenting and computing efficiencies.
 (c) The commissioner shall determine the method by which money 
appropriated under 
 this section is distributed to regional education service centers.
 (d) The board of trustees of a school district may delegate 
purchasing or other  
 administrative functions to a regional education service center 
to the extent necessary to 
 achieve efficiencies under this section.

 Section 8.123 (a) The legislature may appropriate money from the 
foundation school 
 fund or other sources to implement initiatives identified by the 
legislature.
 (b) The commissioner may adopt rules governing the strategies, 
programs, projects, and 
 regions eligible for funding under this section, and the amount 
of funds that may be 
 distributed to a regional education serviced center for a 
specific initiative. 

 Section 8.124 (a) Allows money appropriated under this section to 
be distributed as 
 emergency grants for providing adequate services under Section 
8.051 to small and 
 isolated school districts or other school districts in extreme 
circumstances.  

 Section 8.125 Each regional education service center board of 
directors, under rules 
 adopted by the commissioner, may enter into a contract for a 
grant from a public or 
 private organization and may spend grant funds in accordance with 
the terms of the 
 contract.

 SECTION 2 

 Amends Section 7.102, Education Code by deleting the power and 
duty of the State 
 Board of Education to adopt rules to provide for regional 
education service center boards 
 of directors as provided by Section 8.003 and rules under which a 
regional education 
 service center may receive and spend grants under Section 8.1224. 
 The bill then  
 renumbers accordingly.

 SECTION 3 

 Amends Section 39.183, Education Code to include in the regional 
and district level 
 report an evaluation of the performance of the system of regional 
education service 
 centers based on the indicators adopted under Section 8.101 and 
client satisfaction with 
 services provided under Subchapter B, Chapter 8. 


 SECTION 4 

 Repeals Section 59, Chapter 260, Acts of the 74th Legislature, 
Regular Session, 1995.

 SECTION 5 

 Effective dates.

 SECTION 6 

 Emergency Clause.