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.