1-1     By:  Bivins                                            S.B. No. 936

 1-2           (In the Senate - Filed March 4, 1997; March 6, 1997, read

 1-3     first time and referred to Committee on Education; April 3, 1997,

 1-4     reported adversely, with favorable Committee Substitute by the

 1-5     following vote:  Yeas 10, Nays 0; April 3, 1997, sent to printer.)

 1-6     COMMITTEE SUBSTITUTE FOR S.B. No. 936                   By:  Bivins

 1-7                            A BILL TO BE ENTITLED

 1-8                                   AN ACT

 1-9     relating to public education.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subsection (b), Section 7.022, Education Code, is

1-12     amended to read as follows:

1-13           (b)  The state auditor shall review the quality and

1-14     effectiveness of the agency's process for auditing internal

1-15     operations and shall report the state auditor's findings to the

1-16     commissioner, [and] the board, the governor, and the Legislative

1-17     Budget Board.

1-18           SECTION 2.  Subsection (a), Section 11.159, Education Code,

1-19     is amended to read as follows:

1-20           (a)  The State Board of Education shall provide a training

1-21     course for independent school district trustees to be offered by

1-22     the regional education service centers or other providers approved

1-23     by and registered with the commissioner.  Registration for a course

1-24     must be open to any interested person, including current and

1-25     prospective board members, and the state board may prescribe a

1-26     registration fee designed to offset the costs of providing that

1-27     course.

1-28           SECTION 3.  Subsection (b), Section 11.253, Education Code,

1-29     is amended to read as follows:

1-30           (b)  Each district's policy and procedures shall establish

1-31     campus-level planning and decision-making committees as provided

1-32     for through the procedures provided by Sections 11.251(b)-(e),

1-33     except that a campus-level committee is not required to include

1-34     district-level professional staff members.

1-35           SECTION 4.  Subsection (a), Section 12.101, Education Code,

1-36     is amended to read as follows:

1-37           (a)  In accordance with this subchapter, the State Board of

1-38     Education may grant a charter on the application of an eligible

1-39     entity for an open-enrollment charter school to operate in a

1-40     facility of a commercial or nonprofit entity or a governmental

1-41     entity [school district], including a home-rule school district.

1-42     In this subsection, "eligible entity" means:

1-43                 (1)  an institution of higher education as defined

1-44     under Section 61.003;

1-45                 (2)  a private or independent institution of higher

1-46     education as defined under Section 61.003;

1-47                 (3)  an organization that is exempt from taxation under

1-48     Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section

1-49     501(c)(3)); or

1-50                 (4)  a governmental entity.

1-51           SECTION 5.  Subsections (b) and (c), Section 28.023,

1-52     Education Code, are amended to read as follows:

1-53           (b)  A school district shall give a student in a primary

1-54     grade level credit for a grade level and advance the student one

1-55     grade level on the basis of a board-approved examination for

1-56     acceleration if:

1-57                 (1)  the student scores the equivalent of 90 [in the

1-58     90th percentile] or above on a scale of 100 on each section of the

1-59     examination;

1-60                 (2)  a district representative recommends that the

1-61     student be advanced; and

1-62                 (3)  the student's parent or guardian gives written

1-63     approval of the advancement.

1-64           (c)  A school district shall give a student in grade level

 2-1     six or above credit for a subject on the basis of a board-approved

 2-2     examination for credit in the subject if the student scores the

 2-3     equivalent of 90 [in the 90th percentile] or above on a scale of

 2-4     100 on the examination.  If a student is given credit in a subject

 2-5     on the basis of an examination, the district shall enter the

 2-6     examination score on the student's transcript.

 2-7           SECTION 6.  (a)  Except as provided by Subsection (b) of this

 2-8     section, this Act takes effect immediately.

 2-9           (b)  Section 5 of this Act takes effect September 1, 1997.

2-10           SECTION 7.  (a)  Subsection (b), Section 11.253, Education

2-11     Code, as amended by this Act, applies beginning with the 1997-1998

2-12     school year.

2-13           (b)  Subsections (b) and (c), Section 28.023, Education Code,

2-14     as amended by this Act, apply only to an examination taken on or

2-15     after September 1, 1997.

2-16           SECTION 8.  The importance of this legislation and the

2-17     crowded condition of the calendars in both houses create an

2-18     emergency and an imperative public necessity that the

2-19     constitutional rule requiring bills to be read on three several

2-20     days in each house be suspended, and this rule is hereby suspended,

2-21     and that this Act take effect and be in force according to its

2-22     terms, and it is so enacted.

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