1-1     By:  Luna                                             S.B. No. 1158

 1-2           (In the Senate - Filed March 11, 1997; March 17, 1997, read

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

 1-4     reported favorably by the following vote:  Yeas 11, Nays 0;

 1-5     April 3, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to regional education service centers.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Chapter 8, Education Code, is amended to read as

1-11     follows:

1-12               CHAPTER 8.  REGIONAL EDUCATION SERVICE CENTERS

1-13                      SUBCHAPTER A.  GENERAL PROVISIONS

1-14           Sec. 8.001.  ESTABLISHMENT.  (a)  The commissioner [agency]

1-15     shall provide for the establishment and operation of a system of

1-16     [not more than 20] regional education service centers.

1-17           (b)  Regional education service centers shall be located

1-18     throughout the state so that each school district has the

1-19     opportunity to be served by and to participate, [in an approved

1-20     center] on a voluntary basis, in a center that meets the

1-21     accountability standards established by the commissioner.

1-22           (c)  The commissioner may decide any matter concerning the

1-23     operation or administration of the system of regional education

1-24     service centers, including:

1-25                 (1)  the number and location of centers;

1-26                 (2)  the regional boundaries of centers; and

1-27                 (3)  the allocation among centers of state and federal

1-28     funds administered by the agency.

1-29           (d)  This chapter does not:

1-30                 (1)  limit a school district's freedom to purchase

1-31     services from any regional education service center; or

1-32                 (2)  require a school district to purchase services

1-33     from a regional education service center.

1-34           Sec. 8.002.  PURPOSE.  The system of regional [(a)  Regional]

1-35     education service centers shall:

1-36                 (1)  [, at the direction of the commissioner, provide

1-37     services to] assist school districts in improving student

1-38     performance in each region of the system;

1-39                 (2)  enable school districts to operate more

1-40     efficiently and economically; and

1-41                 (3)  implement initiatives assigned by the legislature

1-42     or the commissioner [increasing the efficiency and effectiveness of

1-43     school operations].

1-44           [(b)  In addition to core services a regional education

1-45     service center is required to offer under Section 8.051, a school

1-46     district or campus may purchase any other available service from

1-47     any center.]

1-48           Sec. 8.003.  GOVERNANCE.  (a)  Each regional education

1-49     service center is governed by a board of directors composed of

1-50     seven members.

1-51           (b)  The commissioner shall adopt [recommend to the State

1-52     Board of Education for adoption uniform] rules to provide for the

1-53     local selection, appointment, and continuity of membership of

1-54     regional education service center boards of directors.

1-55           (c)  A vacancy on a regional education service center board

1-56     of directors shall be filled by appointment by the remaining

1-57     members of the board for the unexpired term.

1-58           (d)  A member of the board is not entitled to compensation

1-59     from the regional education service center but is entitled to

1-60     reimbursement with center funds for necessary expenses incurred in

1-61     performing duties as a board member.

1-62           (e)  Each regional education service center board of

1-63     directors shall develop policies to ensure the sound management and

1-64     operation of the center consistent with Section 8.002.  [The board

 2-1     of directors shall be directly involved in the planning and

 2-2     evaluation of programs and activities developed and offered to

 2-3     school districts and campuses under Section 8.051 or 8.052.]

 2-4           (f)  Each regional education service center board of

 2-5     directors shall adopt an annual budget for the following year after

 2-6     conducting a public hearing on the center's performance during the

 2-7     preceding year on standards established by the commissioner under

 2-8     Section 8.101.

 2-9           Sec. 8.004.  EXECUTIVE DIRECTOR.  The regional education

2-10     service center board of directors shall employ an executive

2-11     director.  The selection and dismissal of the executive director is

2-12     subject to the approval of the commissioner.  The executive

2-13     director is the chief executive officer of the regional education

2-14     service center and may employ personnel as necessary to carry out

2-15     the functions of the center.

2-16           Sec. 8.005.  EXEMPTION FROM TAXATION.  A regional education

2-17     service center and its employees are subject to or exempt from

2-18     taxation in the same manner as a school district and school

2-19     district employees.

2-20           Sec. 8.006.  IMMUNITY FROM LIABILITY.  An employee or

2-21     volunteer of a regional education service center is immune from

2-22     liability to the same extent as an employee or volunteer of a

2-23     school district.

2-24           Sec. 8.007.  PERSONAL LEAVE.  (a)  A regional education

2-25     service center may accept personal leave accrued by a center

2-26     employee:

2-27                 (1)  under state law by an employee who was formerly

2-28     employed by the state; or

2-29                 (2)  under Section 22.003 by an employee who was

2-30     formerly employed by a school district.

2-31           (b)  A school district or the state shall accept the personal

2-32     leave accrued by an employee who was formerly employed by a

2-33     regional education service center.

2-34                      SUBCHAPTER B.  POWERS AND DUTIES

2-35           Sec. 8.051.  [CORE] SERVICES TO IMPROVE PERFORMANCE.

2-36     (a)  Each regional education service center shall use funds

2-37     distributed to the center under Section 8.121 to develop, maintain,

2-38     and deliver services identified under this section to improve

2-39     student and school district performance.

2-40           (b)  Each regional education service center shall annually

2-41     develop and submit to the commissioner for approval a plan for

2-42     improvement.  Each plan must include the purposes and description

2-43     of the services the center will provide to:

2-44                 (1)  campuses identified as low-performing based on the

2-45     indicators adopted under Section 39.051;

2-46                 (2)  the lowest-performing campuses in the region; and

2-47                 (3)  other campuses.

2-48           (c)  Each regional education service center shall provide

2-49     services that enable school districts to operate more efficiently

2-50     and economically [for developing and maintaining core services for

2-51     purchase by school districts and campuses.  The core services are:]

2-52                 [(1)  training and assistance in teaching each subject

2-53     area assessed under Section 39.023;]

2-54                 [(2)  training and assistance in providing each program

2-55     that qualifies for a funding allotment under Section 42.151,

2-56     42.152, 42.153, or 42.156;]

2-57                 [(3)  assistance specifically designed for a school

2-58     district rated academically unacceptable under Section 39.072(a) or

2-59     a campus whose performance is considered unacceptable based on the

2-60     indicators adopted under Section 39.051;]

2-61                 [(4)  training and assistance to teachers,

2-62     administrators, members of district boards of trustees, and members

2-63     of site-based decision-making committees; and]

2-64                 [(5)  assistance in complying with state laws and

2-65     rules].

2-66           Sec. 8.052.  STATE INITIATIVES.  As directed by the

2-67     commissioner, each regional education service center shall, as

2-68     necessary, use funds distributed under Section 8.123 to implement

2-69     initiatives identified by the legislature.

 3-1           Sec. 8.053.  ADDITIONAL SERVICES.  In addition to the [core]

 3-2     services provided [listed] under Section 8.051 and the initiatives

 3-3     implemented under Section 8.052, a regional education service

 3-4     center may offer any service requested and purchased by any school

 3-5     district or campus in the state.

 3-6           [Sec. 8.053.  PLANNING AND REPORTING.  Each regional

 3-7     education service center shall:]

 3-8                 [(1)  prepare a quantitative summary, by school

 3-9     district and campus, of services delivered under Sections 8.051 and

3-10     8.052;]

3-11                 [(2)  report audited financial and performance

3-12     information using the uniform system adopted by the commissioner;

3-13     and]

3-14                 [(3)  perform any other duty the commissioner

3-15     determines is necessary under Subchapter C.]

3-16           Sec. 8.054.  PROHIBITION ON REGULATORY FUNCTION.  A regional

3-17     education service center may not perform a regulatory function

3-18     regarding a school district.  This section does not prohibit a

3-19     regional education service center from offering training or other

3-20     assistance to a school district in complying with a state or

3-21     federal law, rule, or regulation.

3-22           Sec. 8.055.  REGIONAL EDUCATION SERVICE CENTER PROPERTY.

3-23     (a)  Each regional education service center may purchase or lease

3-24     property or acquire property through lease-purchase and may incur

3-25     debts for that purpose.  The board of directors may, with the

3-26     commissioner's approval, approve a transaction under this

3-27     subsection.

3-28           (b)  Each regional education service center may dispose of

3-29     property in the manner and on the terms that the board of directors

3-30     determines.

3-31                SUBCHAPTER C.  EVALUATION AND ACCOUNTABILITY

3-32           Sec. 8.101.  PERFORMANCE STANDARDS AND INDICATORS.  The

3-33     commissioner shall establish performance standards and indicators

3-34     for regional education service centers that measure the achievement

3-35     of the objectives in Section 8.002.  Performance standards and

3-36     indicators must at least measure a center's:

3-37                 (1)  assistance to school districts in improving

3-38     student performance;

3-39                 (2)  promotion of more efficient and economical school

3-40     district operations, including operations in the areas of

3-41     curriculum and instruction, data processing, purchasing, staff

3-42     development, technology support, and administrative services; and

3-43                 (3)  implementation of initiatives assigned by the

3-44     legislature and the commissioner.

3-45           Sec. 8.102.  DATA REPORTING.  Each regional education service

3-46     center shall report audited or budgeted financial information and

3-47     any other information requested by the commissioner for use in

3-48     assessing the performance of the center.  The commissioner shall

3-49     develop a uniform system for regional education service centers to

3-50     report audited financial data, to report information on the

3-51     indicators adopted under Section 8.101, and to provide information

3-52     on client satisfaction with services provided under Subchapter B

3-53     [and performance data].

3-54           Sec. 8.103 [8.102].  ANNUAL EVALUATION.  The commissioner

3-55     shall conduct an annual evaluation of each executive director and

3-56     regional education service center.  Each evaluation must include:

3-57                 (1)  an audit of the center's finances [and

3-58     management];

3-59                 (2)  a review of the center's performance on the

3-60     [academic excellence] indicators adopted under Section 8.101

3-61     [identified in Section 39.051 of each school district and campus in

3-62     the center's region]; [and]

3-63                 (3)  a review of client satisfaction with services

3-64     provided under Subchapter B; and

3-65                 (4)  a review of any other factor the commissioner

3-66     determines to be appropriate.

3-67           Sec. 8.104 [8.103].  SANCTIONS.  The commissioner shall

3-68     develop [recommend to the State Board of Education for approval] a

3-69     system of corrective actions to require of a regional education

 4-1     service center that the commissioner determines to be deficient in

 4-2     an accountability measure under Section 8.103 [8.102].  The actions

 4-3     must include, in increasing order of severity:

 4-4                 (1)  conducting an on-site investigation of the center;

 4-5                 (2)  requiring the center to send notice of each

 4-6     deficiency to each school district and campus in the center's

 4-7     region or served by the center the previous year;

 4-8                 (3) [(2)]  requiring the center to prepare for the

 4-9     commissioner's approval a plan to address each area of deficiency;

4-10                 [(3)  conducting an on-site investigation of the

4-11     center;]

4-12                 (4)  appointing a master to oversee the operations of

4-13     the center;

4-14                 (5)  replacing the executive director or board of

4-15     directors; and

4-16                 (6)  in the case of deficient performance in two

4-17     consecutive years, closing the center.

4-18                           SUBCHAPTER D.  FUNDING

4-19           Sec. 8.121.  FUNDING FOR [CORE] SERVICES TO IMPROVE

4-20     PERFORMANCE.  (a)  Regional education service centers receive state

4-21     financial support for services provided under Section 8.051 from

4-22     money appropriated for [to] the Foundation School Program [for that

4-23     purpose].  The commissioner shall distribute money to each regional

4-24     education service center for basic costs of providing those [core]

4-25     services according to an annual allotment set by the commissioner

4-26     based on:

4-27                 (1)  the minimum amount of money necessary for the

4-28     operation of a center; [and]

4-29                 (2)  an additional amount of money that reflects the

4-30     size and number of campuses served by the center under Section

4-31     8.051; and

4-32                 (3)  an additional amount of money that reflects [the

4-33     number of students in a center's service area and] the impact of

4-34     the geographic size of a center's service area on the cost of

4-35     providing [core] services under Section 8.051.

4-36           (b)  The allotments authorized by Subsection (a) in any year

4-37     may not be less than 0.4 percent of the amount appropriated for

4-38     purposes of the Foundation School Program for that year.

4-39           (c)  Each regional education service center shall use money

4-40     distributed to it under this section for the provision of [core]

4-41     services required under Section 8.051 or for payment of necessary

4-42     administrative and operational expenses of the center related to

4-43     the provision of those [core] services.

4-44           Sec. 8.122.  INCENTIVE FUNDING FOR DISTRICT EFFICIENCIES.

4-45     (a)  The legislature may appropriate money from the foundation

4-46     school fund to establish an incentive fund to encourage efficiency

4-47     in the provision of services by the system of regional education

4-48     service centers.

4-49           (b)  The commissioner may submit to each regular session of

4-50     the legislature an incentive funding report and plan that:

4-51                 (1)  demonstrates that regional education service

4-52     centers are providing the services required or permitted by law;

4-53                 (2)  defines efficiencies of scale in measurable terms;

4-54                 (3)  proposes the size of and payment schedule for the

4-55     incentive fund; and

4-56                 (4)  establishes a method for documenting and computing

4-57     efficiencies.

4-58           (c)  The commissioner shall determine the method by which

4-59     money appropriated under this section is distributed to regional

4-60     education service centers.

4-61           (d)  The board of trustees of a school district may delegate

4-62     purchasing or other administrative functions to a regional

4-63     education service center to the extent necessary to achieve

4-64     efficiencies under this section. [PERFORMANCE CONTRACTS FOR

4-65     ADDITIONAL SERVICES.  (a)  After providing for the payment of basic

4-66     costs of providing core services under Section 8.121, the

4-67     commissioner may distribute the remaining money appropriated to the

4-68     Foundation School Program and money from other sources to regional

4-69     education service centers or school districts for the costs of

 5-1     providing additional services.]

 5-2           [(b)  The commissioner may designate the amount of money

 5-3     available for distribution under Subsection (a) and the purposes

 5-4     for which the money may be used.  In determining the allocation of

 5-5     money distributed under Subsection (a), the commissioner shall

 5-6     consider:]

 5-7                 [(1)  the scope and cost-effectiveness of the services

 5-8     involved;]

 5-9                 [(2)  the number of students in a school district or in

5-10     an area served by a regional education service center, as

5-11     applicable; and]

5-12                 [(3)  the impact of the geographic size of a school

5-13     district or of an area served by a regional education service

5-14     center on the cost of providing services.]

5-15           [(c)  As soon as possible after enactment of the General

5-16     Appropriations Act each biennium, the commissioner shall notify

5-17     each school district and regional education service center of the

5-18     amount of money available for distribution under this section and

5-19     the purposes for which the money may be used.]

5-20           [(d)  If a school district requests direct distribution of

5-21     money under this section to provide an additional service, the

5-22     commissioner and district may enter into a performance contract

5-23     that specifies the purpose for which the money will be used and the

5-24     expected results of the expenditure.  After entering into a

5-25     performance contract with a school district, the commissioner shall

5-26     distribute to the district 90 percent of the funds available for

5-27     the service and distribute the remaining 10 percent to the regional

5-28     education service center for the region in which the district is

5-29     located.  The school district may provide the service specified in

5-30     the performance contract independently, in cooperation with one or

5-31     more other school districts, or through a contract with one or more

5-32     public or private entities, including a regional education service

5-33     center for a region other than the region in which the district is

5-34     located.]

5-35           [(e)  If a district elects to receive an additional service

5-36     from the regional education service center for the region in which

5-37     the district is located, the district shall execute a performance

5-38     contract with the center, subject to approval by the commissioner,

5-39     that specifies the purpose for which the money will be used and the

5-40     expected results of the expenditure.  The commissioner shall

5-41     distribute the entire amount of money available for the service to

5-42     the regional education service center in accordance with the

5-43     performance contract.]

5-44           Sec. 8.123.  FUNDING FOR STATE INITIATIVES [GRANTS].

5-45     (a)  The legislature may appropriate money from the foundation

5-46     school fund or other sources to implement initiatives identified by

5-47     the legislature.

5-48           (b)  The commissioner may adopt rules governing:

5-49                 (1)  the strategies, programs, projects, and regions

5-50     eligible for funding under this section; and

5-51                 (2)  the amount of funds that may be distributed to a

5-52     regional education service center for a specific initiative.

5-53           Sec. 8.124.  INNOVATIVE AND EMERGENCY GRANTS.  (a)  The

5-54     legislature may appropriate money from the foundation school fund

5-55     or other sources for grants to regional education service centers.

5-56     Money appropriated under this section shall be distributed to

5-57     regional education service centers as:

5-58                 (1)  competitive grants for developing and implementing

5-59     innovative regional strategies or programs; or

5-60                 (2)  emergency grants for providing adequate [core]

5-61     services under Section 8.051 to small and isolated school districts

5-62     or, in extreme circumstances, other school districts.

5-63           (b)  The commissioner may adopt rules governing:

5-64                 (1)  the strategies, programs, and regions eligible for

5-65     funding under this section; and

5-66                 (2)  the amount of money that may be distributed to a

5-67     regional education service center for a specific purpose.

5-68           Sec. 8.125 [8.124].  CONTRACTS FOR GRANTS.  Each regional

5-69     education service center board of directors, under rules adopted by

 6-1     the commissioner [State Board of Education], may enter into a

 6-2     contract for a grant from a public or private organization and may

 6-3     spend grant funds in accordance with the terms of the contract.

 6-4           SECTION 2.  Section 7.102, Education Code, is amended to read

 6-5     as follows:

 6-6           Sec. 7.102.  STATE BOARD OF EDUCATION POWERS AND DUTIES.

 6-7     (a)  The board may perform only those duties relating to school

 6-8     districts or regional education service centers assigned to the

 6-9     board by the constitution of this state or by this subchapter or

6-10     another provision of this code.

6-11           (b)  The board has the [following] powers and duties provided

6-12     by Subsection (c), which shall be carried out with the advice and

6-13     assistance of the commissioner.

6-14           (c)[:](1)  The board shall develop and update a long-range

6-15     plan for public education.

6-16                 (2)  The board may enter into contracts relating to or

6-17     accept grants for the improvement of educational programs

6-18     specifically authorized by statute.

6-19                 (3)  The board may accept a gift, donation, or other

6-20     contribution on behalf of the public school system or agency and,

6-21     unless otherwise specified by the donor, may use the contribution

6-22     in the manner the board determines.

6-23                 (4)  The board shall establish curriculum and

6-24     graduation requirements.

6-25                 (5)  The board shall establish a standard of

6-26     performance considered satisfactory on student assessment

6-27     instruments.

6-28                 (6)  [The board shall adopt rules to provide for

6-29     regional education service center boards of directors as provided

6-30     by Section 8.003 and rules under which a regional education service

6-31     center may receive and spend grants under Section 8.124.]

6-32                 [(7)]  The board may create special-purpose school

6-33     districts under Chapter 11.

6-34                 (7) [(8)]  The board shall provide for a training

6-35     course for school district trustees under Section 11.159.

6-36                 (8) [(9)]  The board shall adopt a procedure to be used

6-37     for placing on probation or revoking a home-rule school district

6-38     charter as required by Subchapter B, Chapter 12, and may place on

6-39     probation or revoke a home-rule school district charter as provided

6-40     by that subchapter.

6-41                 (9) [(10)]  The board may grant an open-enrollment

6-42     charter or approve a charter revision as provided by Subchapter D,

6-43     Chapter 12.

6-44                 (10) [(11)]  The board shall adopt rules establishing

6-45     criteria for certifying hearing examiners as provided by Section

6-46     21.252.

6-47                 (11) [(12)]  The board shall adopt rules to carry out

6-48     the curriculum required or authorized under Section 28.002.

6-49                 (12) [(13)]  The board shall establish guidelines for

6-50     credit by examination under Section 28.023.

6-51                 (13) [(14)]  The board shall adopt transcript forms and

6-52     standards for differentiating high school programs for purposes of

6-53     reporting academic achievement under Section 28.025.

6-54                 (14) [(15)]  The board shall adopt guidelines for

6-55     determining financial need for purposes of the Texas Advanced

6-56     Placement Incentive Program under Subchapter C, Chapter 28, and may

6-57     approve payments as provided by that subchapter.

6-58                 (15) [(16)]  The board shall adopt criteria for

6-59     identifying gifted and talented students and shall develop and

6-60     update a state plan for the education of gifted and talented

6-61     students as required under Subchapter D, Chapter 29.

6-62                 (16) [(17)]  The board shall adopt rules for approving

6-63     adult education programs as required under Section 29.253 and may

6-64     establish an adult education advisory committee under Section

6-65     29.254.

6-66                 (17) [(18)]  The board shall adopt rules relating to

6-67     community education development projects as required under Section

6-68     29.257.

6-69                 (18) [(19)]  The board may approve the plan to be

 7-1     developed and implemented by the commissioner for the coordination

 7-2     of services to children with disabilities as required under Section

 7-3     30.001.

 7-4                 (19) [(20)]  The board shall establish a date by which

 7-5     each school district and state institution shall provide to the

 7-6     commissioner the necessary information to determine the district's

 7-7     share of the cost of the education of a student enrolled in the

 7-8     Texas School for the Blind and Visually Impaired or the Texas

 7-9     School for the Deaf as required under Section 30.003 and may adopt

7-10     other rules concerning funding of the education of students

7-11     enrolled in the Texas School for the Blind and Visually Impaired or

7-12     the Texas School for the Deaf as authorized under Section 30.003.

7-13                 (20) [(21)]  The board shall adopt rules prescribing

7-14     the form and content of information school districts are required

7-15     to provide concerning programs offered by state institutions as

7-16     required under Section 30.004.

7-17                 (21) [(22)]  The board shall adopt rules concerning

7-18     admission of students to the Texas School for the Deaf as required

7-19     under Section 30.057.

7-20                 (22) [(23)]  The board shall carry out powers and

7-21     duties related to regional day school programs for the deaf as

7-22     provided under Subchapter D, Chapter 30.

7-23                 (23) [(24)]  The board shall adopt and purchase or

7-24     license textbooks as provided by Chapter 31 and adopt rules

7-25     required by that chapter.

7-26                 (24) [(25)]  The board shall develop and update a

7-27     long-range plan concerning technology in the public school system

7-28     as required under Section 32.001 and shall adopt rules and policies

7-29     concerning technology in public schools as provided by Chapter 32.

7-30                 (25) [(26)]  The board shall conduct feasibility

7-31     studies related to the telecommunications capabilities of school

7-32     districts and regional education service centers as provided by

7-33     Section 32.033.

7-34                 (26) [(27)]  The board shall appoint a board of

7-35     directors of the center for educational technology under Section

7-36     32.034.

7-37                 (27) [(28)]  The board shall adopt rules relating to

7-38     extracurricular activities under Section 33.081 and approve,

7-39     disapprove, or modify University Interscholastic League rules and

7-40     procedures under Section 33.083.

7-41                 (28) [(29)]  The board shall approve a program for

7-42     testing students for dyslexia and related disorders as provided by

7-43     Section 38.003.

7-44                 (29) [(30)]  The board shall perform duties in

7-45     connection with the public school accountability system as

7-46     prescribed by Chapter 39.

7-47                 (30) [(31)]  The board shall perform duties in

7-48     connection with the Foundation School Program as prescribed by

7-49     Chapter 42.

7-50                 (31) [(32)]  The board may invest the permanent school

7-51     fund within the limits of the authority granted by Section 5,

7-52     Article VII, Texas Constitution, and Chapter 43.

7-53                 (32) [(33)]  The board shall adopt rules concerning

7-54     school district budgets and audits of school district fiscal

7-55     accounts as required under Subchapter A, Chapter 44.

7-56                 (33) [(34)]  The board shall adopt an annual report on

7-57     the status of the guaranteed bond program and may adopt rules as

7-58     necessary for the administration of the program as provided under

7-59     Subchapter C, Chapter 45.

7-60                 (34) [(35)]  The board shall prescribe uniform bid

7-61     blanks for school districts to use in selecting a depository bank

7-62     as required under Section 45.206.

7-63           (d) [(c)]  The board may adopt rules relating to school

7-64     districts or regional education service centers only as required to

7-65     carry out the specific duties assigned to the board by the

7-66     constitution or under Subsection (c) [(b)].

7-67           (e) [(d)]  An action of the board to adopt a rule under this

7-68     section is effective only if the board includes in the rule's

7-69     preamble a statement of the specific authority under Subsection (c)

 8-1     [(b)] to adopt the rule.

 8-2           (f) [(e)]  Except as otherwise provided by this subsection, a

 8-3     rule adopted by the board under this section does not take effect

 8-4     until the beginning of the school year that begins at least 90 days

 8-5     after the date on which the rule was adopted.  The rule takes

 8-6     effect earlier if the rule's preamble specifies an earlier

 8-7     effective date and the reason for that earlier date and:

 8-8                 (1)  the earlier effective date is a requirement of:

 8-9                       (A)  a federal law; or

8-10                       (B)  a state law that specifically refers to this

8-11     section and expressly requires the adoption of an earlier effective

8-12     date; or

8-13                 (2)  on the affirmative vote of two-thirds of the

8-14     members of the board, the board makes a finding that an earlier

8-15     effective date is necessary.

8-16           SECTION 3.  Section 39.183, Education Code, is amended to

8-17     read as follows:

8-18           Sec. 39.183.  REGIONAL AND DISTRICT LEVEL REPORT.  The agency

8-19     shall prepare and deliver to the governor, the lieutenant governor,

8-20     the speaker of the house of representatives, each member of the

8-21     legislature, the Legislative Budget Board, and the clerks of the

8-22     standing committees of the senate and house of representatives with

8-23     primary jurisdiction over the public school system a regional and

8-24     district level report covering the preceding two school years and

8-25     containing:

8-26                 (1)  a summary of school district compliance with the

8-27     student/teacher ratios and class-size limitations prescribed by

8-28     Sections 25.111 and 25.112, including the number of districts

8-29     granted an exception from Section 25.112;

8-30                 (2)  a summary of the exemptions and waivers granted to

8-31     school districts under Section 7.056 or 39.112 and a review of the

8-32     effectiveness of each campus or district following deregulation;

8-33     and

8-34                 (3)  an evaluation of the performance of the system of

8-35     [a summary of the services offered by] regional education service

8-36     centers based on the indicators adopted under Section 8.101 and

8-37     client satisfaction with services provided under Subchapter B,

8-38     Chapter 8 [with an evaluation of the effectiveness of those

8-39     services].

8-40           SECTION 4.  Section 59, Chapter 260, Acts of the 74th

8-41     Legislature, 1995, is repealed.

8-42           SECTION 5.  (a)  Except as provided by Subsection (b) of this

8-43     section, this Act takes effect immediately.

8-44           (b)  Section 8.121, Education Code, as amended by this Act,

8-45     takes effect September 1, 1997.

8-46           SECTION 6.  The importance of this legislation and the

8-47     crowded condition of the calendars in both houses create an

8-48     emergency and an imperative public necessity that the

8-49     constitutional rule requiring bills to be read on three several

8-50     days in each house be suspended, and this rule is hereby suspended,

8-51     and that this Act take effect and be in force according to its

8-52     terms, and it is so enacted.

8-53                                  * * * * *