JLM S.B. 1919 75(R)    BILL ANALYSIS


PUBLIC EDUCATION
S.B. 1919
By: Luna, Gregory (Greenberg)
5-20-97
Committee Report (Unamended)



BACKGROUND 

During the 74th Legislative Session, S.B. 1 reorganized the enabling
legislation of the Texas School for the Blind and Visually Impaired;
however, concerns have been raised regarding the school's operation and
administration.  Problems include the graduation of students from high
school who lack employability skills, independent living skills, social
skills, and functional academic skills; the lack of cooperation between
the various agencies serving these students; the lack of specific
authority to lease school space for on-campus day care; and the limited 
authority of the school to accept donations.

PURPOSE

As proposed, S.B. 1919 establishes the operation and administration of the
Texas School for the Blind and Visually Impaired. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted to the
the commissioner of education in SECTION 5 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 30.021, Education Code, by amending Subsections
(a), (d) and (e), and adding Subsection (f), to provide that the Texas
School for the Blind and Visually Impaired (school) is a state agency
established to serve as a special school for students who have a visual
impairment and who may have one or more other disabilities.  Provides that
the school is intended to serve students who require specialized or
intensive educational or related services regarding visual impairment, and
establishes that the school is not intended to serve certain other
students.  Deletes existing text regarding those students served by the
school.  Requires the statewide services provided by the school to include
facilitating the preparation of teachers for visually impaired students by
providing assistance to colleges and universities as well as other teacher
preparation programs. Authorizes the services to include conducting a
cooperative program with other agencies to serve students who have
graduated from high school, who are of a certain age, and who have needs
related to vocational training, independent living skills, orientation and
mobility, social and leisure skills, compensatory skills, or remedial
academic skills.  Authorizes the school to operate an on-campus canteen. 

SECTION 2. Amends Section 30.022, Education Code, by amending Subsections
(d) and (g), and adding Subsections (i)-(k), to require the school's
governing board (board) to organize and conduct itself such that the
organization and conduct do not conflict with certain of the board's
responsibilities.  Authorizes an action of the board related to a
dismissal during the term of a teacher's, rather than a professional
employee's, contract or to a nonrenewal of the same to be appealed to the
commissioner of education.  Sets forth the terms by which the board is
authorized to accept and spend certain gifts, bequests, grants, money, and
property.  Authorizes the board to license some or all of the physical
facilities of the school, and requires the board to adopt policies
implementing this subsection.  Sets forth the terms by which a license
issued by the board is subject to termination on sale or lease of the
affected facility. 

 SECTION 3. Amends Section 30.024(b), Education Code, to require each
teacher to be employed under a term contract or under a probationary
contract as provided by Chapter 21C. 

SECTION 4. Amends Chapter 30B, Education Code, by adding Section 30.028,
as follows: 
Sec. 30.028.  LEASE OF CERTAIN PROPERTY OF TEXAS SCHOOL FOR THE BLIND AND
VISUALLY IMPAIRED FOR A DAY-CARE CENTER.  Authorizes the school to lease
available building space on the school's campus located at 1100 West 45th
Street, Austin, Travis County, to a private provider to provide a day-care
center.  Authorizes the school to determine a fair rental rate and
consider the benefits to be received by the school's employees and
students. Sets forth the procedure regarding negotiation of the terms of
the lease, closure of the transaction, and deposit of the proceeds.
Establishes the conditions by which a lease entered into by the board is
subject to termination on sale or lease of the affected facility. 

SECTION 5. Amends Chapter 30A, Education Code, by adding Section 30.005,
as follows: 
Sec. 30.005.  TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED MEMORANDUM
OF UNDERSTANDING.  Sets forth the terms by which the Texas Education
Agency and the school are required to develop, agree to, and by
commissioner of education rule, adopt a memorandum of understanding no
later than September 1, 1998. 

SECTION 6. Amends Sections 411.098(a), (d), and (e), Government Code, to
provide that the school is entitled to obtain certain criminal history
record information which relates to student teachers, educational interns,
and persons who perform ongoing educational projects at the school.
Authorizes the school to provide the student teacher, educational intern,
or person who performs ongoing educational projects at the school with a
copy of respective criminal history record information.  Establishes that
the failure or refusal to provide a complete set of fingerprints or a
complete name on request constitutes good cause for refusal to accept
certain employees for placement.  Makes conforming changes. 

SECTION 7. Amends Section 1, Article 6228a-5, V.T.C.S., to authorize the
Texas Higher Education Coordinating Board, rather than the Texas College
and University System, the Texas Education Agency, rather than the Central
Education Agency, and the Texas School for the Blind and Visually Impaired
to enter into agreements with their employees for the purchase of 
annuities or for contributions to any type of investment for their
employees. 

SECTION 8. Effective date:  September 1, 1997.

SECTION 9. Emergency clause.