SRC-JRN S.B. 1158 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1158
By: Luna
Education
3-31-97
As Filed


DIGEST 

Currently, Texas law establishes certain provisions regarding the 
operation of regional education 
service centers.  However, the 20 regional education centers 
already established are to be abolished 
on August 31, 1997 and Chapter 8, Education Code, repealed unless 
continuing legislative action 
occurs.  This bill establishes provisions for the continuation of 
regional education service centers.

PURPOSE

As proposed, S.B. 1158 establishes provisions for the 
continuation of regional education service 
centers.

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of education 
in SECTION 1 (Sections 8.003 
and 8.123, Education Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 8, Education Code, as follows:

CHAPTER 8.  REGIONAL EDUCATION SERVICE CENTERS
SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8.001.  ESTABLISHMENT.  Requires the commissioner of 
education (commissioner), 
rather than the Texas Education Agency, to provide for the 
establishment and operation of 
a system of, rather than not more than 20,  regional 
education service centers (centers). 
Requires the centers to meet the accountability standards of 
the commissioner.  Authorizes 
the commissioner to decide any matter concerning the 
operation or administration of the 
system of the centers.  Sets forth matters concerning the 
operation of the centers.  Sets forth 
certain services not provided by this chapter.  

Sec. 8.002.  PURPOSE.  Requires the centers to 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 the commissioner. 
Deletes certain provisions regarding requirements of the 
centers at the direction of the 
commissioner, and core services a center must offer.  Makes 
conforming and nonsubstantive 
changes.

Sec. 8.003.  GOVERNANCE.  Requires the commissioner to adopt 
rules, rather than 
recommend adoption of uniform rules to the State Board of 
Education.  Requires adopted 
policies to be consistent with Section 8.002.  Deletes a 
provision requiring the board of 
directors to be directly involved in the planning and 
evaluation of programs.  Requires each 
center to 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 under Section 8.101. 

Sec. 8.004.  EXECUTIVE DIRECTOR.  Provides that the 
selection and dismissal of the 
executive director is subject to the approval of the 
commissioner. 
 
Sec. 8.005.  EXEMPTION FROM TAXATION.  Provides that a 
center and its employees 
are subject to or exempt from taxation in the same manner as 
a school district and school 
district employees.

Sec. 8.006.  IMMUNITY FROM LIABILITY.  Provides immunity for 
an employee or 
volunteer of a center to the same extent as an employee or 
volunteer of a school district.

Sec. 8.007.  PERSONAL LEAVE.  Sets forth conditions for 
which a center may accept 
personal leave accrued by a center employee.  Requires a 
school district or the state to accept 
the personal leave accrued by an employee who was formerly 
employed by a center.

SUBCHAPTER B.  POWERS AND DUTIES

Sec. 8.051.  New heading:  SERVICES TO IMPROVE PERFORMANCE.  
Requires each 
center to use funds to develop, maintain, and deliver 
services identified under this section to 
improve student and school district performance.  Requires 
each center to develop and 
submit plans for improvement to the commissioner annually.  
Sets forth purposes and 
description requirements of the plan.  Requires each center 
to provide services enabling 
school districts to operate more efficiently and 
economically.  Deletes existing text providing 
the core services to be purchased by school districts and 
campuses.

Sec. 8.052.  STATE INITIATIVES.  Requires each center to use 
funds distributed under 
Section 8.123 to implement initiatives identified by the 
legislature, as directed by the 
commissioner.

Sec. 8.053.  ADDITIONAL SERVICES.  Authorizes a center to 
offer certain services, in 
addition to the services provided, rather than the core 
services listed, under Section 8.051 and 
the initiative implemented under Section 8.052.  Deletes 
existing subsection.

Sec. 8.054.  PROHIBITION ON REGULATORY FUNCTION.  Makes no 
change.

Sec. 8.055.  REGIONAL EDUCATION SERVICE CENTER PROPERTY.  
Authorizes each 
center to purchase, lease or acquire property through a 
lease-purchase agreement and to incur 
debts for that purpose.  Authorizes the board of directors 
to approve a transaction under this 
subsection, with the commissioner's approval.  Authorizes 
each center to dispose of property 
in the manner and on the terms that the board of directors 
determines.

SUBCHAPTER C.  EVALUATION AND ACCOUNTABILITY

Sec. 8.101.  PERFORMANCE STANDARDS AND INDICATORS.  Requires 
the 
commissioner to establish performance standards and 
indicators for centers that measure the 
achievement of the objective in Section 8.002.  Sets forth 
indicators for performance 
standards to measure.

Sec. 8.102.   DATA REPORTING.  Requires each center to 
report audited or budgeted 
financial information and any other information requested by 
the commissioner to assess the 
performance of the center. Requires the commissioner to 
report audited financial data, 
indicators adopted under Section 8.101, and information on 
client satisfaction with services 
provided under Subchapter B.

Sec. 8.103.  ANNUAL EVALUATION.  Requires the commissioner 
to conduct an 
evaluation containing a review of the center's performance 
on indicators adopted under 
Section 8.101, rather than academic excellence indicators 
identified in Section 39.051 of 
each school district and campus in the center's region.  
Makes conforming and 
nonsubstantive changes.

Sec. 8.104.  SANCTIONS.  Requires the commissioner to 
develop, rather than make 
recommendations to the State Board of Education for 
approval, a system of corrective actions
 under Section 8.103, rather than 8.102.  Sets forth 
corrective actions in increasing order of 
severity, with conducting an on-site investigation of the 
center as the primary corrective 
action.  Deletes a provision requiring conducting an on-site 
investigation of the center. 
Makes a conforming change.

SUBCHAPTER D.  FUNDING

Sec. 8.121.  New heading:  FUNDING FOR SERVICES TO IMPROVE 
PERFORMANCE. 
Provides that centers receive state financial support for 
services provided under Section 
8.051.  Requires the commissioner to distribute money to 
each center for the cost of 
providing those services based on certain requirements, 
including an additional amount of 
money that reflects the size and number of campuses served 
by the center under Section 
8.051.  Prohibits allotments authorized by Subsection (a) in 
any year from being less than 0.4 
percent of the amount appropriated for purposes of the 
Foundation School Program for that 
year.  Makes conforming and nonsubstantive changes.

Sec. 8.122.  INCENTIVE FUNDING FOR DISTRICT EFFICIENCIES.  
Authorizes the 
legislature to appropriate money from the foundation school 
fund to establish an incentive 
fund to encourage efficiency in the provision of services by 
the system of centers. 
Authorizes the commissioner to submit to each regular 
session of the legislature an incentive 
funding report and plan that includes certain provisions.  
Requires the commissioner to 
determine the method by which money appropriated under this 
section is distributed to 
centers.  Authorizes the board of trustees of a school 
district to delegate purchasing or other 
administrative functions to a center to the extent necessary 
to achieve efficiencies under this 
section.  Deletes existing section.

Sec. 8.123.  New heading:  FUNDING FOR STATE INITIATIVES.  
Authorizes the 
legislature to appropriate money from the foundation school 
fund or other sources to 
implement initiatives identified by the legislature.  
Authorizes the commissioner to adopt 
rules governing certain matters.

Sec. 8.124.  INNOVATIVE AND EMERGENCY GRANTS.  Makes 
conforming changes. 

Sec. 8.125.  CONTRACTS FOR GRANTS.  Authorizes each center 
to enter into a contract 
under rules adopted by the commissioner, rather than the 
State Board of Education.

SECTION 2. Amends Section 7.102, Education Code, to set forth 
powers of the board as provided 
by Subsection (c).  Deletes a provision requiring the board to 
adopt rules.  Makes conforming and 
nonsubstantive changes.

SECTION 3. Amends Section 39.183, Education Code, to require a 
regional and district level 
report to include an evaluation of the performance of the system 
of centers based on the indicators 
adopted under Section 8.101 and client satisfaction with services 
provided under Chapter 8B. 
Deletes a provision requiring a summary of services offered by 
the center with an evaluation of the 
effectiveness of those services.

SECTION 4. Repealer: Chapter 260, Section 59 (Repeal of Chapter 8, 
Education Code).

SECTION 5. (a) Effective date: upon passage, except as provided by 
Subsection (b).

(b) Effective date for Section 8.121, Education Code:  
September 1, 1997.