By Sadler                                       H.B. No. 3396

      75R7661 SRC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the powers and duties of the State Board of Education

 1-3     and the commissioner of education.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter D, Chapter 7, Education Code, is

 1-6     amended by adding Section 7.1011 to read as follows:

 1-7           Sec. 7.1011.  POWERS AND DUTIES TRANSFERRED TO COMMISSIONER

 1-8     OF EDUCATION; CONSTITUTIONAL POWERS RETAINED.  (a)  Notwithstanding

 1-9     any other provision of this code, the statutory powers and duties

1-10     of the State Board of Education are transferred to the commissioner

1-11     of education except as provided by this section.

1-12           (b)  The board retains:

1-13                 (1)  its constitutional powers and duties for

1-14     investment of the permanent school fund under Section 5, Article

1-15     VII, Texas Constitution, as well as its statutory powers and duties

1-16     in regard to the management of that fund provided by Chapter 43;

1-17     and

1-18                 (2)  its constitutional power and duty to elect a

1-19     member of the board of trustees of the Texas growth fund, as

1-20     provided by Section 70, Article XVI, Texas Constitution.

1-21           (c)  A reference in law to the State Board of Education,

1-22     other than a reference relating to investment of the permanent

1-23     school fund, is considered a reference to the commissioner.

1-24           (d)  A provision of this code or other law that grants a

 2-1     power or imposes a duty on the commissioner subject to the approval

 2-2     of the board is considered to grant that power or impose that duty

 2-3     without the required approval.

 2-4           SECTION 2.  Section 7.102, Education Code, is transferred to

 2-5     Subchapter C, Chapter 7, Education Code, renumbered as Section

 2-6     7.0551, and amended to read as follows:

 2-7           Sec. 7.0551 [7.102].  POWERS AND DUTIES FORMERLY ASSIGNED TO

 2-8     STATE BOARD OF EDUCATION [POWERS AND DUTIES].          (a)  The

 2-9     commissioner shall [board may] perform the [only those] duties

2-10     listed in this section that were formerly [relating to school

2-11     districts or regional education service centers] assigned to the

2-12     board [by the constitution of this state or by this subchapter or

2-13     another provision of this code].

2-14           (b)  Under this code [The board has the following powers and

2-15     duties, which shall be carried out with the advice and assistance

2-16     of the commissioner]:

2-17                 (1)  The commissioner [board] shall develop and update

2-18     a long-range plan for public education.

2-19                 (2)  The commissioner [board] may enter into contracts

2-20     relating to or accept grants for the improvement of educational

2-21     programs specifically authorized by statute.

2-22                 (3)  The commissioner [board] may accept a gift,

2-23     donation, or other contribution on behalf of the public school

2-24     system or agency and, unless otherwise specified by the donor, may

2-25     use the contribution in the manner the commissioner [board]

2-26     determines.

2-27                 (4)  The commissioner [board] shall establish

 3-1     curriculum and graduation requirements.

 3-2                 (5)  The commissioner [board] shall establish a

 3-3     standard of performance considered satisfactory on student

 3-4     assessment instruments.

 3-5                 (6)  The commissioner [board] shall adopt rules to

 3-6     provide for regional education service center boards of directors

 3-7     as provided by Section 8.003 and rules under which a regional

 3-8     education service center may receive and spend grants under Section

 3-9     8.124.

3-10                 (7)  The commissioner [board] may create

3-11     special-purpose school districts under Chapter 11.

3-12                 (8)  The commissioner [board] shall provide for a

3-13     training course for school district trustees under Section 11.159.

3-14                 (9)  The commissioner [board] shall adopt a procedure

3-15     to be used for placing on probation or revoking a home-rule school

3-16     district charter as required by Subchapter B, Chapter 12, and may

3-17     place on probation or revoke a home-rule school district charter as

3-18     provided by that subchapter.

3-19                 (10)  The commissioner [board] may grant an

3-20     open-enrollment charter or approve a charter revision as provided

3-21     by Subchapter D, Chapter 12.

3-22                 (11)  The commissioner [board] shall adopt rules

3-23     establishing criteria for certifying hearing examiners as provided

3-24     by Section 21.252.

3-25                 (12)  The commissioner [board] shall adopt rules to

3-26     carry out the curriculum required or authorized under Section

3-27     28.002.

 4-1                 (13)  The commissioner [board] shall establish

 4-2     guidelines for credit by examination under Section 28.023.

 4-3                 (14)  The commissioner [board] shall adopt transcript

 4-4     forms and standards for differentiating high school programs for

 4-5     purposes of reporting academic achievement under Section 28.025.

 4-6                 (15)  The commissioner [board] shall adopt guidelines

 4-7     for determining financial need for purposes of the Texas Advanced

 4-8     Placement Incentive Program under Subchapter C, Chapter 28, and may

 4-9     approve payments as provided by that subchapter.

4-10                 (16)  The commissioner [board] shall adopt criteria for

4-11     identifying gifted and talented students and shall develop and

4-12     update a state plan for the education of gifted and talented

4-13     students as required under Subchapter D, Chapter 29.

4-14                 (17)  The commissioner [board] shall adopt rules for

4-15     approving adult education programs as required under Section 29.253

4-16     and may establish an adult education advisory committee under

4-17     Section 29.254.

4-18                 (18)  The commissioner [board] shall adopt rules

4-19     relating to community education development projects as required

4-20     under Section 29.257.

4-21                 (19)  [The board may approve the plan to be developed

4-22     and implemented by the commissioner for the coordination of

4-23     services to children with disabilities as required under Section

4-24     30.001.]

4-25                 [(20)]  The commissioner [board] shall establish a date

4-26     by which each school district and state institution shall provide

4-27     to the commissioner the necessary information to determine the

 5-1     district's share of the cost of the education of a student enrolled

 5-2     in the Texas School for the Blind and Visually Impaired or the

 5-3     Texas School for the Deaf as required under Section 30.003 and may

 5-4     adopt other rules concerning funding of the education of students

 5-5     enrolled in the Texas School for the Blind and Visually Impaired or

 5-6     the Texas School for the Deaf as authorized under Section 30.003.

 5-7                 (20) [(21)]  The commissioner [board] shall adopt rules

 5-8     prescribing the form and content of information school districts

 5-9     are required to provide concerning programs offered by state

5-10     institutions as required under Section 30.004.

5-11                 (21) [(22)]  The commissioner [board] shall adopt rules

5-12     concerning admission of students to the Texas School for the Deaf

5-13     as required under Section 30.057.

5-14                 (22) [(23)]  The commissioner [board] shall carry out

5-15     powers and duties related to regional day school programs for the

5-16     deaf as provided under Subchapter D, Chapter 30.

5-17                 (23) [(24)]  The commissioner [board] shall adopt and

5-18     purchase or license textbooks as provided by Chapter 31 and adopt

5-19     rules required by that chapter.

5-20                 (24) [(25)]  The commissioner [board] shall develop and

5-21     update a long-range plan concerning technology in the public school

5-22     system as required under Section 32.001 and shall adopt rules and

5-23     policies concerning technology in public schools as provided by

5-24     Chapter 32.

5-25                 (25) [(26)]  The commissioner [board] shall conduct

5-26     feasibility studies related to the telecommunications capabilities

5-27     of school districts and regional education service centers as

 6-1     provided by Section 32.033.

 6-2                 (26) [(27)]  The commissioner [board] shall appoint a

 6-3     board of directors of the center for educational technology under

 6-4     Section 32.034.

 6-5                 (27) [(28)]  The commissioner [board] shall adopt rules

 6-6     relating to extracurricular activities under Section 33.081 and

 6-7     approve, disapprove, or modify University Interscholastic League

 6-8     rules and procedures under Section 33.083.

 6-9                 (28) [(29)]  The commissioner [board] shall approve a

6-10     program for testing students for dyslexia and related disorders as

6-11     provided by Section 38.003.

6-12                 (29) [(30)]  The commissioner [board] shall perform

6-13     duties in connection with the public school accountability system

6-14     as prescribed by Chapter 39.

6-15                 (30) [(31)]  The commissioner [board] shall perform

6-16     duties in connection with the Foundation School Program as

6-17     prescribed by Chapter 42.

6-18                 (31) [(32)  The board may invest the permanent school

6-19     fund within the limits of the authority granted by  Section 5,

6-20     Article VII, Texas Constitution, and Chapter 43.]

6-21                 [(33)]  The commissioner [board] shall adopt rules

6-22     concerning school district budgets and audits of school district

6-23     fiscal accounts as required under Subchapter A, Chapter 44.

6-24                 (32) [(34)]  The commissioner [board] shall adopt an

6-25     annual report on the status of the guaranteed bond program and may

6-26     adopt rules as necessary for the administration of the program as

6-27     provided under Subchapter C, Chapter 45.

 7-1                 (33) [(35)]  The commissioner [board] shall prescribe

 7-2     uniform bid blanks for school districts to use in selecting a

 7-3     depository bank as required under Section 45.206.

 7-4           (c)  The commissioner [board] may adopt rules relating to

 7-5     school districts or regional education service centers only as

 7-6     required to carry out the specific duties assigned to the

 7-7     commissioner [board by the constitution or] under Subsection (b).

 7-8           (d)  An action of the commissioner [board] to adopt a rule

 7-9     under this section is effective only if the commissioner [board]

7-10     includes in the rule's preamble a statement of the specific

7-11     authority under Subsection (b) to adopt the rule.

7-12           (e)  Except as otherwise provided by this subsection, a rule

7-13     adopted by the commissioner [board] under this section does not

7-14     take effect until the beginning of the school year that begins at

7-15     least 90 days after the date on which the rule was adopted.  The

7-16     rule takes effect earlier if the rule's preamble specifies an

7-17     earlier effective date and the reason for that earlier date and:

7-18                 (1)  the earlier effective date is a requirement of:

7-19                       (A)  a federal law; or

7-20                       (B)  a state law that specifically refers to this

7-21     section and expressly requires the adoption of an earlier effective

7-22     date; or

7-23                 (2)  [on the affirmative vote of two-thirds of the

7-24     members of the board,] the commissioner [board] makes a finding

7-25     that an earlier effective date is necessary.

7-26           SECTION 3.  Section 7.109, Education Code, is transferred to

7-27     Subchapter C, Chapter 7, Education Code, renumbered as Section

 8-1     7.0552, and amended to read as follows:

 8-2           Sec. 7.0552 [7.109].  DESIGNATION AS STATE BOARD FOR CAREER

 8-3     AND TECHNOLOGY EDUCATION.  (a)  The commissioner shall [board is]

 8-4     also exercise the powers and duties of the State Board for Career

 8-5     and Technology Education.

 8-6           (b)  [The commissioner is the executive officer through whom

 8-7     the State Board for Career and Technology Education shall carry out

 8-8     its policies and enforce its rules.]

 8-9           [(c)]  The commissioner, acting as the State Board for Career

8-10     and Technology Education, may contract with the Texas Higher

8-11     Education  Coordinating Board or any other state agency to assume

8-12     the leadership role and administrative responsibility [of the State

8-13     Board for Career and Technology Education] for state level

8-14     administration of technical-vocational education programs in public

8-15     community colleges, public technical institutes, and other eligible

8-16     public postsecondary institutions in this state.

8-17           (c) [(d)]  The commissioner, acting as the State Board for

8-18     Career and Technology Education, may allocate funds appropriated

8-19     [to the board]  by the legislature or federal funds received by the

8-20     board under the Carl D. Perkins Vocational Education Act (20 U.S.C.

8-21     Section 2301 et seq.) or other federal law to an institution or

8-22     program approved by the commissioner [State Board of Education],

8-23     the Texas Higher Education Coordinating Board, or another state

8-24     agency specified by law.

8-25           SECTION 4.  Section 7.111, Education Code, is transferred to

8-26     Subchapter C, Chapter 7, Education Code, renumbered as Section

8-27     7.058, and amended to read as follows:

 9-1           Sec. 7.058 [7.111].  HIGH SCHOOL EQUIVALENCY EXAMINATIONS.

 9-2     (a)  The commissioner [board] shall provide for the administration

 9-3     of high school equivalency examinations.  A person who does not

 9-4     have a high school diploma may take the examination in accordance

 9-5     with rules adopted by the commissioner [board] if the person is

 9-6     over 17 years of age or:

 9-7                 (1)  is 16 years of age or older; and

 9-8                 (2)  a public agency providing supervision of the

 9-9     person or having custody of the person under a court order

9-10     recommends that the person take the examination.

9-11           (b)  The commissioner [board] by rule shall establish and

9-12     require payment of a fee as a condition to the issuance of a high

9-13     school equivalency certificate and a copy of the scores of the

9-14     examinations.  The fee must be reasonable and designed to cover the

9-15     administrative costs of issuing the certificate and a copy of the

9-16     scores.  The commissioner [board] may not require a waiting period

9-17     between the date a person withdraws from school and the date the

9-18     person takes the examination unless the period relates to the time

9-19     between administrations of the examination.

9-20           SECTION 5.  A rule of the State Board of Education continues

9-21     in effect as a rule of the commissioner of education until

9-22     superseded by rule of the commissioner.

9-23           SECTION 6.  This Act takes effect September 1, 1997.

9-24           SECTION 7.  The importance of this legislation and the

9-25     crowded condition of the calendars in both houses create an

9-26     emergency and an imperative public necessity that the

9-27     constitutional rule requiring bills to be read on three several

 10-1    days in each house be suspended, and this rule is hereby suspended.