By: Luna S.B. No. 1158
A BILL TO BE ENTITLED
1-1 relating to regional education service centers.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 8, Education Code, is amended to read as
1-5 CHAPTER 8. REGIONAL EDUCATION SERVICE CENTERS
1-6 SUBCHAPTER A. GENERAL PROVISIONS
1-7 Sec. 8.001. ESTABLISHMENT. (a) The commissioner [
1-8 shall provide for the establishment and operation of not more than
1-9 20 regional education service centers.
1-10 (b) Regional education service centers shall be located
1-11 throughout the state so that each school district has the
1-12 opportunity to be served by and to participate, [ in an approved
1-13 center] on a voluntary basis, in a center that meets the
1-14 accountability standards established by the commissioner.
1-15 (c) The commissioner may decide any matter concerning the
1-16 operation or administration of the regional education service
1-17 centers, including:
1-18 (1) the number and location of centers;
1-19 (2) the regional boundaries of centers; and
1-20 (3) the allocation among centers of state and federal
1-21 funds administered by the agency.
1-22 (d) This chapter does not:
1-23 (1) limit a school district's freedom to purchase
2-1 services from any regional education service center; or
2-2 (2) require a school district to purchase services
2-3 from a regional education service center.
2-4 Sec. 8.002. PURPOSE. [ (a)] Regional education service
2-5 centers shall:
2-6 (1) [ , at the direction of the commissioner, provide
2-7 services to] assist school districts in improving student
2-8 performance in each region of the system;
2-9 (2) enable school districts to operate more
2-10 efficiently and economically; and
2-11 (3) implement initiatives assigned by the legislature
2-12 or the commissioner [ increasing the efficiency and effectiveness of
2-13 school operations].
2-14 [ (b) In addition to core services a regional education
2-15 service center is required to offer under Section 8.051, a school
2-16 district or campus may purchase any other available service from
2-17 any center.]
2-18 Sec. 8.003. GOVERNANCE. (a) Each regional education
2-19 service center is governed by a board of directors composed of
2-20 seven members.
2-21 (b) The commissioner shall adopt [ recommend to the State
2-22 Board of Education for adoption uniform] rules to provide for the
2-23 local selection, appointment, and continuity of membership of
2-24 regional education service center boards of directors.
2-25 (c) A vacancy on a regional education service center board
3-1 of directors shall be filled by appointment by the remaining
3-2 members of the board for the unexpired term.
3-3 (d) A member of the board is not entitled to compensation
3-4 from the regional education service center but is entitled to
3-5 reimbursement with center funds for necessary expenses incurred in
3-6 performing duties as a board member.
3-7 (e) Each regional education service center board of
3-8 directors shall develop policies to ensure the sound management and
3-9 operation of the center consistent with Section 8.002. Subject to
3-10 approval of the board of directors, regional education service
3-11 centers shall offer programs and activities to school districts and
3-12 campuses under Sections 8.051, 8.052, and 8.053. [ The board of
3-13 directors shall be directly involved in the planning and evaluation
3-14 of programs and activities developed and offered to school
3-15 districts and campuses under Section 8.051 or 8.052.]
3-16 (f) Each regional education service center board of
3-17 directors shall adopt an annual budget for the following year after
3-18 conducting a public hearing on the center's performance during the
3-19 preceding year on standards established by the commissioner under
3-20 Section 8.101.
3-21 Sec. 8.004. EXECUTIVE DIRECTOR. The regional education
3-22 service center board of directors shall employ an executive
3-23 director. The selection and dismissal of the executive director is
3-24 subject to the approval of the commissioner. The executive
3-25 director is the chief executive officer of the regional education
4-1 service center and may employ personnel as necessary to carry out
4-2 the functions of the center.
4-3 Sec. 8.005. EXEMPTION FROM TAXATION. A regional education
4-4 service center and its employees are subject to or exempt from
4-5 taxation in the same manner as a school district and school
4-6 district employees.
4-7 Sec. 8.006. IMMUNITY FROM LIABILITY. An employee or
4-8 volunteer of a regional education service center is immune from
4-9 liability to the same extent as an employee or volunteer of a
4-10 school district.
4-11 Sec. 8.007. TRANSFERABILITY OF LEAVE. (a) A regional
4-12 education service center shall accept personal leave accrued by a
4-13 center employee as sick leave under state law by an employee who
4-14 was formerly employed by the state.
4-15 (b) A school district or the state shall accept the sick
4-16 leave accrued by an employee who was formerly employed by a
4-17 regional education service center not to exceed five days per year
4-18 for each year of employment.
4-19 SUBCHAPTER B. POWERS AND DUTIES
4-20 Sec. 8.051. CORE SERVICES AND SERVICES TO IMPROVE
4-21 PERFORMANCE. (a) Each regional education service center shall use
4-22 funds distributed to the center under Section 8.121 to develop,
4-23 maintain, and deliver services identified under this section to
4-24 improve student and school district performance.
4-25 (b) Each regional education service center shall annually
5-1 develop and submit to the commissioner for approval a plan for
5-2 improvement. Each plan must include the purposes and description
5-3 of the services the center will provide to:
5-4 (1) campuses identified as low-performing based on the
5-5 indicators adopted under Section 39.051;
5-6 (2) the lowest-performing campuses in the region; and
5-7 (3) other campuses.
5-8 (c) Each regional education service center shall provide
5-9 services that enable school districts to operate more efficiently
5-10 and economically [ for developing and maintaining core services for
5-11 purchase by school districts and campuses. The core services are:]
5-12 [ (1) training and assistance in teaching each subject
5-13 area assessed under Section 39.023;]
5-14 [ (2) training and assistance in providing each program
5-15 that qualifies for a funding allotment under Section 42.151,
5-16 42.152, 42.153, or 42.156;]
5-17 [ (3) assistance specifically designed for a school
5-18 district rated academically unacceptable under Section 39.072(a) or
5-19 a campus whose performance is considered unacceptable based on the
5-20 indicators adopted under Section 39.051;]
5-21 [ (4) training and assistance to teachers,
5-22 administrators, members of district boards of trustees, and members
5-23 of site-based decision-making committees; and]
5-24 [ (5) assistance in complying with state laws and
6-1 (d) Each regional education service center shall maintain
6-2 core services for purchase by school districts and campuses. The
6-3 core services are:
6-4 (1) training and assistance in teaching each subject
6-5 area assessed under Section 39.023;
6-6 (2) training and assistance in providing each program
6-7 that qualifies for a funding allotment under Section 42.151,
6-8 42.152, 42.153, or 42.156;
6-9 (3) assistance specifically designed for a school
6-10 district rated academically unacceptable under Section 39.072(a) or
6-11 a campus whose performance is considered unacceptable based on the
6-12 indicators adopted under Section 39.051;
6-13 (4) training and assistance to teachers,
6-14 administrators, members of district boards of trustees, and members
6-15 of site-based decision-making committees; and
6-16 (5) assistance in complying with state laws and rules.
6-17 Sec. 8.052. STATE INITIATIVES. As directed by the
6-18 commissioner, each regional education service center shall, as
6-19 necessary, use funds distributed under Section 8.123 to implement
6-20 initiatives identified by the legislature.
6-21 Sec. 8.053. ADDITIONAL SERVICES. In addition to the [ core]
6-22 services provided [ listed] under Section 8.051 and the initiatives
6-23 implemented under Section 8.052, a regional education service
6-24 center may offer any service requested and purchased by any school
6-25 district or campus in the state.
7-1 [ Sec. 8.053. PLANNING AND REPORTING. Each regional
7-2 education service center shall:]
7-3 [ (1) prepare a quantitative summary, by school
7-4 district and campus, of services delivered under Sections 8.051 and
7-6 [ (2) report audited financial and performance
7-7 information using the uniform system adopted by the commissioner;
7-9 [ (3) perform any other duty the commissioner
7-10 determines is necessary under Subchapter C.]
7-11 Sec. 8.054. PROHIBITION ON REGULATORY FUNCTION. A regional
7-12 education service center may not perform a regulatory function
7-13 regarding a school district. This section does not prohibit a
7-14 regional education service center from offering training or other
7-15 assistance to a school district in complying with a state or
7-16 federal law, rule, or regulation.
7-17 Sec. 8.055. REGIONAL EDUCATION SERVICE CENTER PROPERTY.
7-18 (a) Each regional education service center may purchase or lease
7-19 property or acquire property through lease-purchase and may incur
7-20 debts for that purpose. Any transaction under this subsection is
7-21 subject to the approval of the board of directors.
7-22 (b) Any transaction under this subsection involving real
7-23 property is subject to the approval of the board of directors and
7-24 the commissioner.
7-25 (c) Each regional education service center may dispose of
8-1 property in the manner and on the terms that the board of directors
8-3 SUBCHAPTER C. EVALUATION AND ACCOUNTABILITY
8-4 Sec. 8.101. PERFORMANCE STANDARDS AND INDICATORS. The
8-5 commissioner shall establish performance standards and indicators
8-6 for regional education service centers that measure the achievement
8-7 of the objectives in Section 8.002. Performance standards and
8-8 indicators must include the following:
8-9 (1) student performance in districts served;
8-10 (2) district effectiveness and efficiency in districts
8-11 served resulting from technical assistance and program support;
8-12 (3) direct services provided or regionally shared
8-13 services arranged by the service center which produce more
8-14 economical and efficient school operations;
8-15 (4) direct services provided or regionally shared
8-16 services arranged by the service center which provide for
8-17 assistance in core services; and
8-18 (5) grants received for implementation of state
8-19 initiatives and the results achieved by the service center under
8-20 the terms of the grant contract.
8-21 Sec. 8.102. DATA REPORTING. Each regional education service
8-22 center shall report audited or budgeted financial information and
8-23 any other information requested by the commissioner for use in
8-24 assessing the performance of the center. The commissioner shall
8-25 develop a uniform system for regional education service centers to
9-1 report audited financial data, to report information on the
9-2 indicators adopted under Section 8.101, and to provide information
9-3 on client satisfaction with services provided under Subchapter B
9-4 [ and performance data].
9-5 Sec. 8.103 [ 8.102]. ANNUAL EVALUATION. The commissioner
9-6 shall conduct an annual evaluation of each executive director and
9-7 regional education service center. Each evaluation must include:
9-8 (1) an audit of the center's finances [ and
9-10 (2) a review of the center's performance on the
9-11 [ academic excellence] indicators adopted under Section 8.101
9-12 [ identified in Section 39.051 of each school district and campus in
9-13 the center's region]; [ and]
9-14 (3) a review of client satisfaction with services
9-15 provided under Subchapter B; and
9-16 (4) a review of any other factor the commissioner
9-17 determines to be appropriate.
9-18 Sec. 8.104 [ 8.103]. SANCTIONS. The commissioner shall
9-19 develop [ recommend to the State Board of Education for approval] a
9-20 system of corrective actions to require of a regional education
9-21 service center that the commissioner determines to be deficient in
9-22 an accountability measure under Section 8.103 [ 8.102]. The actions
9-23 must include, in increasing order of severity:
9-24 (1) conducting an on-site investigation of the center;
9-25 (2) requiring the center to send notice of each
10-1 deficiency to each school district and campus in the center's
10-2 region or served by the center the previous year;
10-3 (3) [ (2)] requiring the center to prepare for the
10-4 commissioner's approval a plan to address each area of deficiency;
10-5 [ (3) conducting an on-site investigation of the
10-7 (4) appointing a master to oversee the operations of
10-8 the center;
10-9 (5) replacing the executive director or board of
10-10 directors; and
10-11 (6) in the case of deficient performance in two
10-12 consecutive years, closing the center.
10-13 SUBCHAPTER D. FUNDING
10-14 Sec. 8.121. FUNDING FOR CORE SERVICES AND SERVICES TO
10-15 IMPROVE PERFORMANCE. (a) Regional education service centers
10-16 receive state financial support for services provided under Section
10-17 8.051 from money appropriated for [ to] the Foundation School
10-18 Program [ for that purpose]. The commissioner shall distribute
10-19 money to each regional education service center for basic costs of
10-20 providing those [ core] services according to an annual allotment
10-21 set by the commissioner based on:
10-22 (1) the minimum amount of money necessary for the
10-23 operation of a center; [ and]
10-24 (2) an additional amount of money that reflects the
10-25 size and number of campuses served by the center under Section
11-1 8.051; and
11-2 (3) an additional amount of money that reflects [ the
11-3 number of students in a center's service area and] the impact of
11-4 the geographic size of a center's service area on the cost of
11-5 providing [ core] services under Section 8.051.
11-6 (b) The allotments authorized by Subsection (a) in any year
11-7 may not be less than 0.4 percent of the amount appropriated for
11-8 purposes of the Foundation School Program for that year.
11-9 (c) Each regional education service center shall use money
11-10 distributed to it under this section for the provision of core
11-11 services required under Section 8.051 or for payment of necessary
11-12 administrative and operational expenses of the center related to
11-13 the provision of those [ core] services.
11-14 Sec. 8.122. INCENTIVE FUNDING FOR DISTRICT EFFICIENCIES.
11-15 (a) The legislature may appropriate money from the foundation
11-16 school fund to establish an incentive fund to encourage efficiency
11-17 in the provision of services by the system of regional education
11-18 service centers.
11-19 (b) The commissioner may submit to each regular session of
11-20 the legislature an incentive funding report and plan that:
11-21 (1) demonstrates that regional education service
11-22 centers are providing the services required or permitted by law;
11-23 (2) defines efficiencies of scale in measurable terms;
11-24 (3) proposes the size of and payment schedule for the
11-25 incentive fund; and
12-1 (4) establishes a method for documenting and computing
12-3 (c) The commissioner shall determine the method by which
12-4 money appropriated under this section is distributed to regional
12-5 education service centers.
12-6 (d) The board of trustees of a school district may delegate
12-7 purchasing or other administrative functions to a regional
12-8 education service center to the extent necessary to achieve
12-9 efficiencies under this section. [ PERFORMANCE CONTRACTS FOR
12-10 ADDITIONAL SERVICES. (a) After providing for the payment of basic
12-11 costs of providing core services under Section 8.121, the
12-12 commissioner may distribute the remaining money appropriated to the
12-13 Foundation School Program and money from other sources to regional
12-14 education service centers or school districts for the costs of
12-15 providing additional services.]
12-16 [ (b) The commissioner may designate the amount of money
12-17 available for distribution under Subsection (a) and the purposes
12-18 for which the money may be used. In determining the allocation of
12-19 money distributed under Subsection (a), the commissioner shall
12-21 [ (1) the scope and cost-effectiveness of the services
12-23 [ (2) the number of students in a school district or in
12-24 an area served by a regional education service center, as
12-25 applicable; and]
13-1 [ (3) the impact of the geographic size of a school
13-2 district or of an area served by a regional education service
13-3 center on the cost of providing services.]
13-4 [ (c) As soon as possible after enactment of the General
13-5 Appropriations Act each biennium, the commissioner shall notify
13-6 each school district and regional education service center of the
13-7 amount of money available for distribution under this section and
13-8 the purposes for which the money may be used.]
13-9 [ (d) If a school district requests direct distribution of
13-10 money under this section to provide an additional service, the
13-11 commissioner and district may enter into a performance contract
13-12 that specifies the purpose for which the money will be used and the
13-13 expected results of the expenditure. After entering into a
13-14 performance contract with a school district, the commissioner shall
13-15 distribute to the district 90 percent of the funds available for
13-16 the service and distribute the remaining 10 percent to the regional
13-17 education service center for the region in which the district is
13-18 located. The school district may provide the service specified in
13-19 the performance contract independently, in cooperation with one or
13-20 more other school districts, or through a contract with one or more
13-21 public or private entities, including a regional education service
13-22 center for a region other than the region in which the district is
13-24 [ (e) If a district elects to receive an additional service
13-25 from the regional education service center for the region in which
14-1 the district is located, the district shall execute a performance
14-2 contract with the center, subject to approval by the commissioner,
14-3 that specifies the purpose for which the money will be used and the
14-4 expected results of the expenditure. The commissioner shall
14-5 distribute the entire amount of money available for the service to
14-6 the regional education service center in accordance with the
14-7 performance contract.]
14-8 Sec. 8.123. FUNDING FOR STATE INITIATIVES [ GRANTS].
14-9 (a) The legislature may appropriate money from the foundation
14-10 school fund or other sources to implement initiatives identified by
14-11 the legislature.
14-12 (b) The commissioner may adopt rules governing:
14-13 (1) the strategies, programs, projects, and regions
14-14 eligible for funding under this section; and
14-15 (2) the amount of funds that may be distributed to a
14-16 regional education service center for a specific initiative.
14-17 Sec. 8.124. INNOVATIVE AND EMERGENCY GRANTS. (a) The
14-18 legislature may appropriate money from the foundation school fund
14-19 or other sources for grants to regional education service centers.
14-20 Money appropriated under this section shall be distributed to
14-21 regional education service centers as:
14-22 (1) competitive grants for developing and implementing
14-23 innovative regional strategies or programs; or
14-24 (2) emergency grants for providing adequate [ core]
14-25 services under Section 8.051 to small and isolated school districts
15-1 or, in extreme circumstances, other school districts.
15-2 (b) The commissioner may adopt rules governing:
15-3 (1) the strategies, programs, and regions eligible for
15-4 funding under this section; and
15-5 (2) the amount of money that may be distributed to a
15-6 regional education service center for a specific purpose.
15-7 Sec. 8.125 [ 8.124]. CONTRACTS FOR GRANTS. Each regional
15-8 education service center board of directors, under rules adopted by
15-9 the commissioner [ State Board of Education], may enter into a
15-10 contract for a grant from a public or private organization and may
15-11 spend grant funds in accordance with the terms of the contract.
15-12 SECTION 2. Section 7.102, Education Code, is amended to read
15-13 as follows:
15-14 Sec. 7.102. STATE BOARD OF EDUCATION POWERS AND DUTIES.
15-15 (a) The board may perform only those duties relating to school
15-16 districts or regional education service centers assigned to the
15-17 board by the constitution of this state or by this subchapter or
15-18 another provision of this code.
15-19 (b) The board has the [ following] powers and duties provided
15-20 by Subsection (c), which shall be carried out with the advice and
15-21 assistance of the commissioner.
15-22 (c)[ :](1) The board shall develop and update a long-range
15-23 plan for public education.
15-24 (2) The board may enter into contracts relating to or
15-25 accept grants for the improvement of educational programs
16-1 specifically authorized by statute.
16-2 (3) The board may accept a gift, donation, or other
16-3 contribution on behalf of the public school system or agency and,
16-4 unless otherwise specified by the donor, may use the contribution
16-5 in the manner the board determines.
16-6 (4) The board shall establish curriculum and
16-7 graduation requirements.
16-8 (5) The board shall establish a standard of
16-9 performance considered satisfactory on student assessment
16-11 (6) [ The board shall adopt rules to provide for
16-12 regional education service center boards of directors as provided
16-13 by Section 8.003 and rules under which a regional education service
16-14 center may receive and spend grants under Section 8.124.]
16-15 [ (7)] The board may create special-purpose school
16-16 districts under Chapter 11.
16-17 (7) [ (8)] The board shall provide for a training
16-18 course for school district trustees under Section 11.159.
16-19 (8) [ (9)] The board shall adopt a procedure to be used
16-20 for placing on probation or revoking a home-rule school district
16-21 charter as required by Subchapter B, Chapter 12, and may place on
16-22 probation or revoke a home-rule school district charter as provided
16-23 by that subchapter.
16-24 (9) [ (10)] The board may grant an open-enrollment
16-25 charter or approve a charter revision as provided by Subchapter D,
17-1 Chapter 12.
17-2 (10) [ (11)] The board shall adopt rules establishing
17-3 criteria for certifying hearing examiners as provided by Section
17-5 (11) [ (12)] The board shall adopt rules to carry out
17-6 the curriculum required or authorized under Section 28.002.
17-7 (12) [ (13)] The board shall establish guidelines for
17-8 credit by examination under Section 28.023.
17-9 (13) [ (14)] The board shall adopt transcript forms and
17-10 standards for differentiating high school programs for purposes of
17-11 reporting academic achievement under Section 28.025.
17-12 (14) [ (15)] The board shall adopt guidelines for
17-13 determining financial need for purposes of the Texas Advanced
17-14 Placement Incentive Program under Subchapter C, Chapter 28, and may
17-15 approve payments as provided by that subchapter.
17-16 (15) [ (16)] The board shall adopt criteria for
17-17 identifying gifted and talented students and shall develop and
17-18 update a state plan for the education of gifted and talented
17-19 students as required under Subchapter D, Chapter 29.
17-20 (16) [ (17)] The board shall adopt rules for approving
17-21 adult education programs as required under Section 29.253 and may
17-22 establish an adult education advisory committee under Section
17-24 (17) [ (18)] The board shall adopt rules relating to
17-25 community education development projects as required under Section
18-2 (18) [ (19)] The board may approve the plan to be
18-3 developed and implemented by the commissioner for the coordination
18-4 of services to children with disabilities as required under Section
18-6 (19) [ (20)] The board shall establish a date by which
18-7 each school district and state institution shall provide to the
18-8 commissioner the necessary information to determine the district's
18-9 share of the cost of the education of a student enrolled in the
18-10 Texas School for the Blind and Visually Impaired or the Texas
18-11 School for the Deaf as required under Section 30.003 and may adopt
18-12 other rules concerning funding of the education of students
18-13 enrolled in the Texas School for the Blind and Visually Impaired or
18-14 the Texas School for the Deaf as authorized under Section 30.003.
18-15 (20) [ (21)] The board shall adopt rules prescribing
18-16 the form and content of information school districts are required
18-17 to provide concerning programs offered by state institutions as
18-18 required under Section 30.004.
18-19 (21) [ (22)] The board shall adopt rules concerning
18-20 admission of students to the Texas School for the Deaf as required
18-21 under Section 30.057.
18-22 (22) [ (23)] The board shall carry out powers and
18-23 duties related to regional day school programs for the deaf as
18-24 provided under Subchapter D, Chapter 30.
18-25 (23) [ (24)] The board shall adopt and purchase or
19-1 license textbooks as provided by Chapter 31 and adopt rules
19-2 required by that chapter.
19-3 (24) [ (25)] The board shall develop and update a
19-4 long-range plan concerning technology in the public school system
19-5 as required under Section 32.001 and shall adopt rules and policies
19-6 concerning technology in public schools as provided by Chapter 32.
19-7 (25) [ (26)] The board shall conduct feasibility
19-8 studies related to the telecommunications capabilities of school
19-9 districts and regional education service centers as provided by
19-10 Section 32.033.
19-11 (26) [ (27)] The board shall appoint a board of
19-12 directors of the center for educational technology under Section
19-14 (27) [ (28)] The board shall adopt rules relating to
19-15 extracurricular activities under Section 33.081 and approve,
19-16 disapprove, or modify University Interscholastic League rules and
19-17 procedures under Section 33.083.
19-18 (28) [ (29)] The board shall approve a program for
19-19 testing students for dyslexia and related disorders as provided by
19-20 Section 38.003.
19-21 (29) [ (30)] The board shall perform duties in
19-22 connection with the public school accountability system as
19-23 prescribed by Chapter 39.
19-24 (30) [ (31)] The board shall perform duties in
19-25 connection with the Foundation School Program as prescribed by
20-1 Chapter 42.
20-2 (31) [ (32)] The board may invest the permanent school
20-3 fund within the limits of the authority granted by Section 5,
20-4 Article VII, Texas Constitution, and Chapter 43.
20-5 (32) [ (33)] The board shall adopt rules concerning
20-6 school district budgets and audits of school district fiscal
20-7 accounts as required under Subchapter A, Chapter 44.
20-8 (33) [ (34)] The board shall adopt an annual report on
20-9 the status of the guaranteed bond program and may adopt rules as
20-10 necessary for the administration of the program as provided under
20-11 Subchapter C, Chapter 45.
20-12 (34) [ (35)] The board shall prescribe uniform bid
20-13 blanks for school districts to use in selecting a depository bank
20-14 as required under Section 45.206.
20-15 (d) [ (c)] The board may adopt rules relating to school
20-16 districts or regional education service centers only as required to
20-17 carry out the specific duties assigned to the board by the
20-18 constitution or under Subsection (c) [ (b)].
20-19 (e) [ (d)] An action of the board to adopt a rule under this
20-20 section is effective only if the board includes in the rule's
20-21 preamble a statement of the specific authority under Subsection (c)
20-22 [ (b)] to adopt the rule.
20-23 (f) [ (e)] Except as otherwise provided by this subsection, a
20-24 rule adopted by the board under this section does not take effect
20-25 until the beginning of the school year that begins at least 90 days
21-1 after the date on which the rule was adopted. The rule takes
21-2 effect earlier if the rule's preamble specifies an earlier
21-3 effective date and the reason for that earlier date and:
21-4 (1) the earlier effective date is a requirement of:
21-5 (A) a federal law; or
21-6 (B) a state law that specifically refers to this
21-7 section and expressly requires the adoption of an earlier effective
21-8 date; or
21-9 (2) on the affirmative vote of two-thirds of the
21-10 members of the board, the board makes a finding that an earlier
21-11 effective date is necessary.
21-12 SECTION 3. Section 39.183, Education Code, is amended to
21-13 read as follows:
21-14 Sec. 39.183. REGIONAL AND DISTRICT LEVEL REPORT. The agency
21-15 shall prepare and deliver to the governor, the lieutenant governor,
21-16 the speaker of the house of representatives, each member of the
21-17 legislature, the Legislative Budget Board, and the clerks of the
21-18 standing committees of the senate and house of representatives with
21-19 primary jurisdiction over the public school system a regional and
21-20 district level report covering the preceding two school years and
21-22 (1) a summary of school district compliance with the
21-23 student/teacher ratios and class-size limitations prescribed by
21-24 Sections 25.111 and 25.112, including the number of districts
21-25 granted an exception from Section 25.112;
22-1 (2) a summary of the exemptions and waivers granted to
22-2 school districts under Section 7.056 or 39.112 and a review of the
22-3 effectiveness of each campus or district following deregulation;
22-5 (3) an evaluation of the performance of the system of
22-6 [ a summary of the services offered by] regional education service
22-7 centers based on the indicators adopted under Section 8.101 and
22-8 client satisfaction with services provided under Subchapter B,
22-9 Chapter 8 [ with an evaluation of the effectiveness of those
22-11 SECTION 4. Section 59, Chapter 260, Acts of the 74th
22-12 Legislature, 1995, is repealed.
22-13 SECTION 5. (a) Except as provided by Subsection (b) of this
22-14 section, this Act takes effect immediately.
22-15 (b) Section 8.121, Education Code, as amended by this Act,
22-16 takes effect September 1, 1997.
22-17 SECTION 6. The importance of this legislation and the
22-18 crowded condition of the calendars in both houses create an
22-19 emergency and an imperative public necessity that the
22-20 constitutional rule requiring bills to be read on three several
22-21 days in each house be suspended, and this rule is hereby suspended,
22-22 and that this Act take effect and be in force according to its
22-23 terms, and it is so enacted.