By: Luna S.B. No. 1158
A BILL TO BE ENTITLED
AN ACT
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
1-4 follows:
1-5 CHAPTER 8. REGIONAL EDUCATION SERVICE CENTERS
1-6 SUBCHAPTER A. GENERAL PROVISIONS
1-7 Sec. 8.001. ESTABLISHMENT. (a) The commissioner [agency]
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
1-24 services from any regional education service center; or
2-1 (2) require a school district to purchase services
2-2 from a regional education service center.
2-3 Sec. 8.002. PURPOSE. [(a)] Regional education service
2-4 centers shall:
2-5 (1) [, at the direction of the commissioner, provide
2-6 services to] assist school districts in improving student
2-7 performance in each region of the system;
2-8 (2) enable school districts to operate more
2-9 efficiently and economically; and
2-10 (3) implement initiatives assigned by the legislature
2-11 or the commissioner [increasing the efficiency and effectiveness of
2-12 school operations].
2-13 [(b) In addition to core services a regional education
2-14 service center is required to offer under Section 8.051, a school
2-15 district or campus may purchase any other available service from
2-16 any center.]
2-17 Sec. 8.003. GOVERNANCE. (a) Each regional education
2-18 service center is governed by a board of directors composed of
2-19 seven members.
2-20 (b) The commissioner shall adopt [recommend to the State
2-21 Board of Education for adoption uniform] rules to provide for the
2-22 local selection, appointment, and continuity of membership of
2-23 regional education service center boards of directors.
2-24 (c) A vacancy on a regional education service center board
2-25 of directors shall be filled by appointment by the remaining
2-26 members of the board for the unexpired term.
2-27 (d) A member of the board is not entitled to compensation
3-1 from the regional education service center but is entitled to
3-2 reimbursement with center funds for necessary expenses incurred in
3-3 performing duties as a board member.
3-4 (e) Each regional education service center board of
3-5 directors shall develop policies to ensure the sound management and
3-6 operation of the center consistent with Section 8.002. Subject to
3-7 approval of the board of directors, regional education service
3-8 centers shall offer programs and activities to school districts and
3-9 campuses under Sections 8.051, 8.052, and 8.053. [The board of
3-10 directors shall be directly involved in the planning and evaluation
3-11 of programs and activities developed and offered to school
3-12 districts and campuses under Section 8.051 or 8.052.]
3-13 (f) Each regional education service center board of
3-14 directors shall adopt an annual budget for the following year after
3-15 conducting a public hearing on the center's performance during the
3-16 preceding year on standards established by the commissioner under
3-17 Section 8.101.
3-18 Sec. 8.004. EXECUTIVE DIRECTOR. The regional education
3-19 service center board of directors shall employ an executive
3-20 director. The selection and dismissal of the executive director is
3-21 subject to the approval of the commissioner. The executive
3-22 director is the chief executive officer of the regional education
3-23 service center and may employ personnel as necessary to carry out
3-24 the functions of the center.
3-25 Sec. 8.005. EXEMPTION FROM TAXATION. A regional education
3-26 service center and its employees are subject to or exempt from
3-27 taxation in the same manner as a school district and school
4-1 district employees.
4-2 Sec. 8.006. IMMUNITY FROM LIABILITY. An employee or
4-3 volunteer of a regional education service center is immune from
4-4 liability to the same extent as an employee or volunteer of a
4-5 school district.
4-6 Sec. 8.007. TRANSFERABILITY OF LEAVE. (a) A regional
4-7 education service center shall accept personal leave accrued by a
4-8 center employee as sick leave under state law by an employee who
4-9 was formerly employed by the state.
4-10 (b) A school district or the state shall accept the sick
4-11 leave accrued by an employee who was formerly employed by a
4-12 regional education service center not to exceed five days per year
4-13 for each year of employment.
4-14 SUBCHAPTER B. POWERS AND DUTIES
4-15 Sec. 8.051. CORE SERVICES AND SERVICES TO IMPROVE
4-16 PERFORMANCE. (a) Each regional education service center shall use
4-17 funds distributed to the center under Section 8.121 to develop,
4-18 maintain, and deliver services identified under this section to
4-19 improve student and school district performance.
4-20 (b) Each regional education service center shall annually
4-21 develop and submit to the commissioner for approval a plan for
4-22 improvement. Each plan must include the purposes and description
4-23 of the services the center will provide to:
4-24 (1) campuses identified as low-performing based on the
4-25 indicators adopted under Section 39.051;
4-26 (2) the lowest-performing campuses in the region; and
4-27 (3) other campuses.
5-1 (c) Each regional education service center shall provide
5-2 services that enable school districts to operate more efficiently
5-3 and economically [for developing and maintaining core services for
5-4 purchase by school districts and campuses. The core services are:]
5-5 [(1) training and assistance in teaching each subject
5-6 area assessed under Section 39.023;]
5-7 [(2) training and assistance in providing each program
5-8 that qualifies for a funding allotment under Section 42.151,
5-9 42.152, 42.153, or 42.156;]
5-10 [(3) assistance specifically designed for a school
5-11 district rated academically unacceptable under Section 39.072(a) or
5-12 a campus whose performance is considered unacceptable based on the
5-13 indicators adopted under Section 39.051;]
5-14 [(4) training and assistance to teachers,
5-15 administrators, members of district boards of trustees, and members
5-16 of site-based decision-making committees; and]
5-17 [(5) assistance in complying with state laws and
5-18 rules].
5-19 (d) Each regional education service center shall maintain
5-20 core services for purchase by school districts and campuses. The
5-21 core services are:
5-22 (1) training and assistance in teaching each subject
5-23 area assessed under Section 39.023;
5-24 (2) training and assistance in providing each program
5-25 that qualifies for a funding allotment under Section 42.151,
5-26 42.152, 42.153, or 42.156;
5-27 (3) assistance specifically designed for a school
6-1 district rated academically unacceptable under Section 39.072(a) or
6-2 a campus whose performance is considered unacceptable based on the
6-3 indicators adopted under Section 39.051;
6-4 (4) training and assistance to teachers,
6-5 administrators, members of district boards of trustees, and members
6-6 of site-based decision-making committees; and
6-7 (5) assistance in complying with state laws and rules.
6-8 Sec. 8.052. STATE INITIATIVES. As directed by the
6-9 commissioner, each regional education service center shall, as
6-10 necessary, use funds distributed under Section 8.123 to implement
6-11 initiatives identified by the legislature.
6-12 Sec. 8.053. ADDITIONAL SERVICES. In addition to the [core]
6-13 services provided [listed] under Section 8.051 and the initiatives
6-14 implemented under Section 8.052, a regional education service
6-15 center may offer any service requested and purchased by any school
6-16 district or campus in the state.
6-17 [Sec. 8.053. PLANNING AND REPORTING. Each regional
6-18 education service center shall:]
6-19 [(1) prepare a quantitative summary, by school
6-20 district and campus, of services delivered under Sections 8.051 and
6-21 8.052;]
6-22 [(2) report audited financial and performance
6-23 information using the uniform system adopted by the commissioner;
6-24 and]
6-25 [(3) perform any other duty the commissioner
6-26 determines is necessary under Subchapter C.]
6-27 Sec. 8.054. PROHIBITION ON REGULATORY FUNCTION. A regional
7-1 education service center may not perform a regulatory function
7-2 regarding a school district. This section does not prohibit a
7-3 regional education service center from offering training or other
7-4 assistance to a school district in complying with a state or
7-5 federal law, rule, or regulation.
7-6 Sec. 8.055. REGIONAL EDUCATION SERVICE CENTER PROPERTY.
7-7 (a) Each regional education service center may purchase or lease
7-8 property or acquire property through lease-purchase and may incur
7-9 debts for that purpose. Any transaction under this subsection is
7-10 subject to the approval of the board of directors.
7-11 (b) Any transaction under this subsection involving real
7-12 property is subject to the approval of the board of directors and
7-13 the commissioner.
7-14 (c) Each regional education service center may dispose of
7-15 property in the manner and on the terms that the board of directors
7-16 determines.
7-17 SUBCHAPTER C. EVALUATION AND ACCOUNTABILITY
7-18 Sec. 8.101. PERFORMANCE STANDARDS AND INDICATORS. The
7-19 commissioner shall establish performance standards and indicators
7-20 for regional education service centers that measure the achievement
7-21 of the objectives in Section 8.002. Performance standards and
7-22 indicators must include the following:
7-23 (1) student performance in districts served;
7-24 (2) district effectiveness and efficiency in districts
7-25 served resulting from technical assistance and program support;
7-26 (3) direct services provided or regionally shared
7-27 services arranged by the service center which produce more
8-1 economical and efficient school operations;
8-2 (4) direct services provided or regionally shared
8-3 services arranged by the service center which provide for
8-4 assistance in core services; and
8-5 (5) grants received for implementation of state
8-6 initiatives and the results achieved by the service center under
8-7 the terms of the grant contract.
8-8 Sec. 8.102. DATA REPORTING. Each regional education service
8-9 center shall report audited or budgeted financial information and
8-10 any other information requested by the commissioner for use in
8-11 assessing the performance of the center. The commissioner shall
8-12 develop a uniform system for regional education service centers to
8-13 report audited financial data, to report information on the
8-14 indicators adopted under Section 8.101, and to provide information
8-15 on client satisfaction with services provided under Subchapter B
8-16 [and performance data].
8-17 Sec. 8.103 [8.102]. ANNUAL EVALUATION. The commissioner
8-18 shall conduct an annual evaluation of each executive director and
8-19 regional education service center. Each evaluation must include:
8-20 (1) an audit of the center's finances [and
8-21 management];
8-22 (2) a review of the center's performance on the
8-23 [academic excellence] indicators adopted under Section 8.101
8-24 [identified in Section 39.051 of each school district and campus in
8-25 the center's region]; [and]
8-26 (3) a review of client satisfaction with services
8-27 provided under Subchapter B; and
9-1 (4) a review of any other factor the commissioner
9-2 determines to be appropriate.
9-3 Sec. 8.104 [8.103]. SANCTIONS. The commissioner shall
9-4 develop [recommend to the State Board of Education for approval] a
9-5 system of corrective actions to require of a regional education
9-6 service center that the commissioner determines to be deficient in
9-7 an accountability measure under Section 8.103 [8.102]. The actions
9-8 must include, in increasing order of severity:
9-9 (1) conducting an on-site investigation of the center;
9-10 (2) requiring the center to send notice of each
9-11 deficiency to each school district and campus in the center's
9-12 region or served by the center the previous year;
9-13 (3) [(2)] requiring the center to prepare for the
9-14 commissioner's approval a plan to address each area of deficiency;
9-15 [(3) conducting an on-site investigation of the
9-16 center;]
9-17 (4) appointing a master to oversee the operations of
9-18 the center;
9-19 (5) replacing the executive director or board of
9-20 directors; and
9-21 (6) in the case of deficient performance in two
9-22 consecutive years, closing the center.
9-23 SUBCHAPTER D. FUNDING
9-24 Sec. 8.121. FUNDING FOR CORE SERVICES AND SERVICES TO
9-25 IMPROVE PERFORMANCE. (a) Regional education service centers
9-26 receive state financial support for services provided under Section
9-27 8.051 from money appropriated for [to] the Foundation School
10-1 Program [for that purpose]. The commissioner shall distribute
10-2 money to each regional education service center for basic costs of
10-3 providing those [core] services according to an annual allotment
10-4 set by the commissioner based on:
10-5 (1) the minimum amount of money necessary for the
10-6 operation of a center; [and]
10-7 (2) an additional amount of money that reflects the
10-8 size and number of campuses served by the center under Section
10-9 8.051; and
10-10 (3) an additional amount of money that reflects [the
10-11 number of students in a center's service area and] the impact of
10-12 the geographic size of a center's service area on the cost of
10-13 providing [core] services under Section 8.051.
10-14 (b) The allotments authorized by Subsection (a) in any year
10-15 may not be less than 0.4 percent of the amount appropriated for
10-16 purposes of the Foundation School Program for that year.
10-17 (c) Each regional education service center shall use money
10-18 distributed to it under this section for the provision of core
10-19 services required under Section 8.051 or for payment of necessary
10-20 administrative and operational expenses of the center related to
10-21 the provision of those [core] services.
10-22 Sec. 8.122. INCENTIVE FUNDING FOR DISTRICT EFFICIENCIES.
10-23 (a) The legislature may appropriate money from the foundation
10-24 school fund to establish an incentive fund to encourage efficiency
10-25 in the provision of services by the system of regional education
10-26 service centers.
10-27 (b) The commissioner may submit to each regular session of
11-1 the legislature an incentive funding report and plan that:
11-2 (1) demonstrates that regional education service
11-3 centers are providing the services required or permitted by law;
11-4 (2) defines efficiencies of scale in measurable terms;
11-5 (3) proposes the size of and payment schedule for the
11-6 incentive fund; and
11-7 (4) establishes a method for documenting and computing
11-8 efficiencies.
11-9 (c) The commissioner shall determine the method by which
11-10 money appropriated under this section is distributed to regional
11-11 education service centers.
11-12 (d) The board of trustees of a school district may delegate
11-13 purchasing or other administrative functions to a regional
11-14 education service center to the extent necessary to achieve
11-15 efficiencies under this section. [PERFORMANCE CONTRACTS FOR
11-16 ADDITIONAL SERVICES. (a) After providing for the payment of basic
11-17 costs of providing core services under Section 8.121, the
11-18 commissioner may distribute the remaining money appropriated to the
11-19 Foundation School Program and money from other sources to regional
11-20 education service centers or school districts for the costs of
11-21 providing additional services.]
11-22 [(b) The commissioner may designate the amount of money
11-23 available for distribution under Subsection (a) and the purposes
11-24 for which the money may be used. In determining the allocation of
11-25 money distributed under Subsection (a), the commissioner shall
11-26 consider:]
11-27 [(1) the scope and cost-effectiveness of the services
12-1 involved;]
12-2 [(2) the number of students in a school district or in
12-3 an area served by a regional education service center, as
12-4 applicable; and]
12-5 [(3) the impact of the geographic size of a school
12-6 district or of an area served by a regional education service
12-7 center on the cost of providing services.]
12-8 [(c) As soon as possible after enactment of the General
12-9 Appropriations Act each biennium, the commissioner shall notify
12-10 each school district and regional education service center of the
12-11 amount of money available for distribution under this section and
12-12 the purposes for which the money may be used.]
12-13 [(d) If a school district requests direct distribution of
12-14 money under this section to provide an additional service, the
12-15 commissioner and district may enter into a performance contract
12-16 that specifies the purpose for which the money will be used and the
12-17 expected results of the expenditure. After entering into a
12-18 performance contract with a school district, the commissioner shall
12-19 distribute to the district 90 percent of the funds available for
12-20 the service and distribute the remaining 10 percent to the regional
12-21 education service center for the region in which the district is
12-22 located. The school district may provide the service specified in
12-23 the performance contract independently, in cooperation with one or
12-24 more other school districts, or through a contract with one or more
12-25 public or private entities, including a regional education service
12-26 center for a region other than the region in which the district is
12-27 located.]
13-1 [(e) If a district elects to receive an additional service
13-2 from the regional education service center for the region in which
13-3 the district is located, the district shall execute a performance
13-4 contract with the center, subject to approval by the commissioner,
13-5 that specifies the purpose for which the money will be used and the
13-6 expected results of the expenditure. The commissioner shall
13-7 distribute the entire amount of money available for the service to
13-8 the regional education service center in accordance with the
13-9 performance contract.]
13-10 Sec. 8.123. FUNDING FOR STATE INITIATIVES [GRANTS].
13-11 (a) The legislature may appropriate money from the foundation
13-12 school fund or other sources to implement initiatives identified by
13-13 the legislature.
13-14 (b) The commissioner may adopt rules governing:
13-15 (1) the strategies, programs, projects, and regions
13-16 eligible for funding under this section; and
13-17 (2) the amount of funds that may be distributed to a
13-18 regional education service center for a specific initiative.
13-19 Sec. 8.124. INNOVATIVE AND EMERGENCY GRANTS. (a) The
13-20 legislature may appropriate money from the foundation school fund
13-21 or other sources for grants to regional education service centers.
13-22 Money appropriated under this section shall be distributed to
13-23 regional education service centers as:
13-24 (1) competitive grants for developing and implementing
13-25 innovative regional strategies or programs; or
13-26 (2) emergency grants for providing adequate [core]
13-27 services under Section 8.051 to small and isolated school districts
14-1 or, in extreme circumstances, other school districts.
14-2 (b) The commissioner may adopt rules governing:
14-3 (1) the strategies, programs, and regions eligible for
14-4 funding under this section; and
14-5 (2) the amount of money that may be distributed to a
14-6 regional education service center for a specific purpose.
14-7 Sec. 8.125 [8.124]. CONTRACTS FOR GRANTS. Each regional
14-8 education service center board of directors, under rules adopted by
14-9 the commissioner [State Board of Education], may enter into a
14-10 contract for a grant from a public or private organization and may
14-11 spend grant funds in accordance with the terms of the contract.
14-12 SECTION 2. Section 7.102, Education Code, is amended to read
14-13 as follows:
14-14 Sec. 7.102. STATE BOARD OF EDUCATION POWERS AND DUTIES.
14-15 (a) The board may perform only those duties relating to school
14-16 districts or regional education service centers assigned to the
14-17 board by the constitution of this state or by this subchapter or
14-18 another provision of this code.
14-19 (b) The board has the [following] powers and duties provided
14-20 by Subsection (c), which shall be carried out with the advice and
14-21 assistance of the commissioner.
14-22 (c)[:](1) The board shall develop and update a long-range
14-23 plan for public education.
14-24 (2) The board may enter into contracts relating to or
14-25 accept grants for the improvement of educational programs
14-26 specifically authorized by statute.
14-27 (3) The board may accept a gift, donation, or other
15-1 contribution on behalf of the public school system or agency and,
15-2 unless otherwise specified by the donor, may use the contribution
15-3 in the manner the board determines.
15-4 (4) The board shall establish curriculum and
15-5 graduation requirements.
15-6 (5) The board shall establish a standard of
15-7 performance considered satisfactory on student assessment
15-8 instruments.
15-9 (6) [The board shall adopt rules to provide for
15-10 regional education service center boards of directors as provided
15-11 by Section 8.003 and rules under which a regional education service
15-12 center may receive and spend grants under Section 8.124.]
15-13 [(7)] The board may create special-purpose school
15-14 districts under Chapter 11.
15-15 (7) [(8)] The board shall provide for a training
15-16 course for school district trustees under Section 11.159.
15-17 (8) [(9)] The board shall adopt a procedure to be used
15-18 for placing on probation or revoking a home-rule school district
15-19 charter as required by Subchapter B, Chapter 12, and may place on
15-20 probation or revoke a home-rule school district charter as provided
15-21 by that subchapter.
15-22 (9) [(10)] The board may grant an open-enrollment
15-23 charter or approve a charter revision as provided by Subchapter D,
15-24 Chapter 12.
15-25 (10) [(11)] The board shall adopt rules establishing
15-26 criteria for certifying hearing examiners as provided by Section
15-27 21.252.
16-1 (11) [(12)] The board shall adopt rules to carry out
16-2 the curriculum required or authorized under Section 28.002.
16-3 (12) [(13)] The board shall establish guidelines for
16-4 credit by examination under Section 28.023.
16-5 (13) [(14)] The board shall adopt transcript forms and
16-6 standards for differentiating high school programs for purposes of
16-7 reporting academic achievement under Section 28.025.
16-8 (14) [(15)] The board shall adopt guidelines for
16-9 determining financial need for purposes of the Texas Advanced
16-10 Placement Incentive Program under Subchapter C, Chapter 28, and may
16-11 approve payments as provided by that subchapter.
16-12 (15) [(16)] The board shall adopt criteria for
16-13 identifying gifted and talented students and shall develop and
16-14 update a state plan for the education of gifted and talented
16-15 students as required under Subchapter D, Chapter 29.
16-16 (16) [(17)] The board shall adopt rules for approving
16-17 adult education programs as required under Section 29.253 and may
16-18 establish an adult education advisory committee under Section
16-19 29.254.
16-20 (17) [(18)] The board shall adopt rules relating to
16-21 community education development projects as required under Section
16-22 29.257.
16-23 (18) [(19)] The board may approve the plan to be
16-24 developed and implemented by the commissioner for the coordination
16-25 of services to children with disabilities as required under Section
16-26 30.001.
16-27 (19) [(20)] The board shall establish a date by which
17-1 each school district and state institution shall provide to the
17-2 commissioner the necessary information to determine the district's
17-3 share of the cost of the education of a student enrolled in the
17-4 Texas School for the Blind and Visually Impaired or the Texas
17-5 School for the Deaf as required under Section 30.003 and may adopt
17-6 other rules concerning funding of the education of students
17-7 enrolled in the Texas School for the Blind and Visually Impaired or
17-8 the Texas School for the Deaf as authorized under Section 30.003.
17-9 (20) [(21)] The board shall adopt rules prescribing
17-10 the form and content of information school districts are required
17-11 to provide concerning programs offered by state institutions as
17-12 required under Section 30.004.
17-13 (21) [(22)] The board shall adopt rules concerning
17-14 admission of students to the Texas School for the Deaf as required
17-15 under Section 30.057.
17-16 (22) [(23)] The board shall carry out powers and
17-17 duties related to regional day school programs for the deaf as
17-18 provided under Subchapter D, Chapter 30.
17-19 (23) [(24)] The board shall adopt and purchase or
17-20 license textbooks as provided by Chapter 31 and adopt rules
17-21 required by that chapter.
17-22 (24) [(25)] The board shall develop and update a
17-23 long-range plan concerning technology in the public school system
17-24 as required under Section 32.001 and shall adopt rules and policies
17-25 concerning technology in public schools as provided by Chapter 32.
17-26 (25) [(26)] The board shall conduct feasibility
17-27 studies related to the telecommunications capabilities of school
18-1 districts and regional education service centers as provided by
18-2 Section 32.033.
18-3 (26) [(27)] The board shall appoint a board of
18-4 directors of the center for educational technology under Section
18-5 32.034.
18-6 (27) [(28)] The board shall adopt rules relating to
18-7 extracurricular activities under Section 33.081 and approve,
18-8 disapprove, or modify University Interscholastic League rules and
18-9 procedures under Section 33.083.
18-10 (28) [(29)] The board shall approve a program for
18-11 testing students for dyslexia and related disorders as provided by
18-12 Section 38.003.
18-13 (29) [(30)] The board shall perform duties in
18-14 connection with the public school accountability system as
18-15 prescribed by Chapter 39.
18-16 (30) [(31)] The board shall perform duties in
18-17 connection with the Foundation School Program as prescribed by
18-18 Chapter 42.
18-19 (31) [(32)] The board may invest the permanent school
18-20 fund within the limits of the authority granted by Section 5,
18-21 Article VII, Texas Constitution, and Chapter 43.
18-22 (32) [(33)] The board shall adopt rules concerning
18-23 school district budgets and audits of school district fiscal
18-24 accounts as required under Subchapter A, Chapter 44.
18-25 (33) [(34)] The board shall adopt an annual report on
18-26 the status of the guaranteed bond program and may adopt rules as
18-27 necessary for the administration of the program as provided under
19-1 Subchapter C, Chapter 45.
19-2 (34) [(35)] The board shall prescribe uniform bid
19-3 blanks for school districts to use in selecting a depository bank
19-4 as required under Section 45.206.
19-5 (d) [(c)] The board may adopt rules relating to school
19-6 districts or regional education service centers only as required to
19-7 carry out the specific duties assigned to the board by the
19-8 constitution or under Subsection (c) [(b)].
19-9 (e) [(d)] An action of the board to adopt a rule under this
19-10 section is effective only if the board includes in the rule's
19-11 preamble a statement of the specific authority under Subsection (c)
19-12 [(b)] to adopt the rule.
19-13 (f) [(e)] Except as otherwise provided by this subsection, a
19-14 rule adopted by the board under this section does not take effect
19-15 until the beginning of the school year that begins at least 90 days
19-16 after the date on which the rule was adopted. The rule takes
19-17 effect earlier if the rule's preamble specifies an earlier
19-18 effective date and the reason for that earlier date and:
19-19 (1) the earlier effective date is a requirement of:
19-20 (A) a federal law; or
19-21 (B) a state law that specifically refers to this
19-22 section and expressly requires the adoption of an earlier effective
19-23 date; or
19-24 (2) on the affirmative vote of two-thirds of the
19-25 members of the board, the board makes a finding that an earlier
19-26 effective date is necessary.
19-27 SECTION 3. Section 39.183, Education Code, is amended to
20-1 read as follows:
20-2 Sec. 39.183. REGIONAL AND DISTRICT LEVEL REPORT. The agency
20-3 shall prepare and deliver to the governor, the lieutenant governor,
20-4 the speaker of the house of representatives, each member of the
20-5 legislature, the Legislative Budget Board, and the clerks of the
20-6 standing committees of the senate and house of representatives with
20-7 primary jurisdiction over the public school system a regional and
20-8 district level report covering the preceding two school years and
20-9 containing:
20-10 (1) a summary of school district compliance with the
20-11 student/teacher ratios and class-size limitations prescribed by
20-12 Sections 25.111 and 25.112, including the number of districts
20-13 granted an exception from Section 25.112;
20-14 (2) a summary of the exemptions and waivers granted to
20-15 school districts under Section 7.056 or 39.112 and a review of the
20-16 effectiveness of each campus or district following deregulation;
20-17 and
20-18 (3) an evaluation of the performance of the system of
20-19 [a summary of the services offered by] regional education service
20-20 centers based on the indicators adopted under Section 8.101 and
20-21 client satisfaction with services provided under Subchapter B,
20-22 Chapter 8 [with an evaluation of the effectiveness of those
20-23 services].
20-24 SECTION 4. Section 59, Chapter 260, Acts of the 74th
20-25 Legislature, 1995, is repealed.
20-26 SECTION 5. (a) Except as provided by Subsection (b) of this
20-27 section, this Act takes effect immediately.
21-1 (b) Section 8.121, Education Code, as amended by this Act,
21-2 takes effect September 1, 1997.
21-3 SECTION 6. The importance of this legislation and the
21-4 crowded condition of the calendars in both houses create an
21-5 emergency and an imperative public necessity that the
21-6 constitutional rule requiring bills to be read on three several
21-7 days in each house be suspended, and this rule is hereby suspended,
21-8 and that this Act take effect and be in force according to its
21-9 terms, and it is so enacted.