AN ACT
1-1 relating to the operation and administration of the Texas School
1-2 for the Deaf.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 30.051, Education Code, is amended by
1-5 adding Subsection (d) to read as follows:
1-6 (d) The school shall cooperate with public and private
1-7 agencies and organizations serving students and other persons who
1-8 are deaf or hearing impaired in the planning, development, and
1-9 implementation of effective educational and rehabilitative service
1-10 delivery systems associated with educating students who are deaf or
1-11 hard of hearing. To maximize and make efficient use of state
1-12 facilities, funding, and resources, the services provided in this
1-13 area may include conducting a cooperative program with other
1-14 agencies to serve persons who have graduated from high school and
1-15 who have identified needs related to vocational training,
1-16 independent living skills, and social and leisure skills.
1-17 SECTION 2. Section 30.052, Education Code, is amended by
1-18 amending Subsections (d) and (g) and adding Subsections (i), (j),
1-19 and (k) to read as follows:
1-20 (d) The board shall organize and conduct itself in the same
1-21 manner as an independent school district board of trustees to the
1-22 extent that the organization and conduct do [does] not conflict
1-23 with the board's responsibilities relating to the status of the
2-1 school as a state agency.
2-2 (g) Except as otherwise provided by this subsection, an
2-3 action of the board may be appealed to a district court in Travis
2-4 County. An action of the board related to a dismissal during the
2-5 term of a teacher's [professional employee's] contract or to a
2-6 nonrenewal of a teacher's [professional employee's] contract may be
2-7 appealed to the commissioner in the manner prescribed by Subchapter
2-8 G, Chapter 21. For the purposes of this subsection, the term
2-9 "teacher" has the meaning assigned by Section 30.055(a).
2-10 (i) The board may accept and retain control of gifts,
2-11 devises, bequests, donations, or grants, either absolutely or in
2-12 trust, of money, securities, personal property, and real property
2-13 from any individual, estate, group, association, or corporation.
2-14 The funds or other property donated or the income from the property
2-15 may be spent by the board for:
2-16 (1) any purpose designated by the donor that is in
2-17 keeping with the lawful purpose of the school; or
2-18 (2) any legal purpose, if a specific purpose is not
2-19 designated by the donor.
2-20 (j) The board may license some or all of the physical
2-21 facilities of the school and shall adopt policies implementing this
2-22 subsection which may include establishing a fee schedule for lease
2-23 of the facilities to the following persons under the following
2-24 conditions:
2-25 (1) any organization, group, or individual at the
3-1 prevailing market rate; or
3-2 (2) a federal or state agency, a unit of local
3-3 government, a nonprofit organization, a school employee, or an
3-4 individual member of the general public at less than the prevailing
3-5 market rate if the board determines that sufficient public benefit
3-6 will be derived from the use.
3-7 (k) A license issued by the board under Subsection (j) is
3-8 subject to termination on sale or lease of the affected facility
3-9 under Chapter 672, Acts of the 71st Legislature, Regular Session,
3-10 1989 (Article 5421t, Vernon's Texas Civil Statutes), and Subchapter
3-11 E, Chapter 31, Natural Resources Code.
3-12 SECTION 3. Subsection (b), Section 30.055, Education Code,
3-13 is amended to read as follows:
3-14 (b) The governing board of the school may enter into an
3-15 employment contract with any employee who provides, or supervises
3-16 any employee who provides, direct and regular educational services
3-17 to students or who provides other professional, educational
3-18 services. Each teacher shall be employed under a term contract as
3-19 provided by Subchapter E, Chapter 21, or under a probationary
3-20 contract as provided by Subchapter C, Chapter 21. An employee
3-21 employed under a contract under this subsection:
3-22 (1) shall be paid in accordance with a salary
3-23 structure adopted by the superintendent with the concurrence of the
3-24 board that provides salaries equal, on a daily-rate basis, to
3-25 salaries paid to employees employed in comparable positions by the
4-1 Austin Independent School District;
4-2 (2) is not eligible for longevity pay under Subchapter
4-3 D, Chapter 659, Government Code, and is not entitled to a paid day
4-4 off from work on any national or state holiday;
4-5 (3) is eligible for sick leave accrual under the
4-6 General Appropriations Act in each month in which at least one day
4-7 of the month is included in the term of the employment contract and
4-8 in any other month in which work is performed or paid leave is
4-9 taken;
4-10 (4) may be permitted by the board to use a maximum of
4-11 four days per contract term of accrued sick leave for personal
4-12 reasons as designated by the board but the number of sick leave
4-13 days not used for personal reasons during a contract term may not
4-14 be carried forward to a subsequent contract term for use as
4-15 personal leave;
4-16 (5) may be permitted by the board to be paid the
4-17 salary designated in the employment contract in 12 equal monthly
4-18 installments; and
4-19 (6) shall work the hours established by the board.
4-20 SECTION 4. Section 30.057, Education Code, is amended to
4-21 read as follows:
4-22 Sec. 30.057. Admission to Texas School for the Deaf.
4-23 (a) The Texas School for the Deaf shall provide services in
4-24 accordance with Section 30.051 to any eligible student with a
4-25 disability for whom the school is an appropriate placement if the
5-1 student has been referred for admission:
5-2 (1) by the school district in which the student
5-3 resides under the student's individualized education program; [or]
5-4 (2) by the student's parent or legal guardian, or a
5-5 person with legal authority to act in place of the parent or legal
5-6 guardian, or the student, if the student is age 18 or older, at any
5-7 time during the school year, if the referring person [parent or
5-8 legal guardian] chooses the school[:]
5-9 [(A)] as the appropriate placement for the
5-10 student rather than the placement in the student's local or
5-11 regional program recommended under the student's individualized
5-12 education program; or
5-13 [(B) according to rules adopted by the State
5-14 Board of Education with the advice of the school's governing board;
5-15 or]
5-16 (3) by the student's parent or legal guardian through
5-17 the student's admission, review, and dismissal or individualized
5-18 family service plan [education program] committee, as an initial
5-19 referral to special education for students who are three years of
5-20 age or younger.
5-21 (b) The commissioner, with the advice of the school's
5-22 governing board, shall adopt rules to implement this section. The
5-23 rules adopted by the commissioner [under Subsection (a)(2)(B)] may
5-24 address the respective responsibilities of a student's parent or
5-25 legal guardian or a person with legal authority to act in place of
6-1 the parent or legal guardian, or the student, if age 18 or older,
6-2 the school district in which the student resides, and the school.
6-3 SECTION 5. Subchapter C, Chapter 30, Education Code, is
6-4 amended by adding Section 30.059 to read as follows:
6-5 Sec. 30.059. LEASE OF CERTAIN PROPERTY OF TEXAS SCHOOL FOR
6-6 THE DEAF FOR A DAY-CARE CENTER. (a) The Texas School for the Deaf
6-7 may lease available building space on the school's campus located
6-8 at 1102 South Congress, Austin, Travis County, to a private
6-9 provider to provide a day-care center for children of the school's
6-10 employees, other state employees, and private customers.
6-11 (b) The school is authorized to determine a fair rental rate
6-12 for the property and may consider the actual benefits to be
6-13 received by the school's employees and students.
6-14 (c) The asset management division of the General Land Office
6-15 shall negotiate the terms of the lease and close the transaction on
6-16 behalf of the school as provided by Subchapter E, Chapter 31,
6-17 Natural Resources Code.
6-18 (d) Proceeds from the lease transaction conducted under this
6-19 section shall be deposited to the credit of the school in the
6-20 general revenue fund.
6-21 (e) A lease entered into by the board under Subsection (a)
6-22 is subject to termination on sale or lease of the affected facility
6-23 under Chapter 672, Acts of the 71st Legislature, Regular Session,
6-24 1989 (Article 5421t, Vernon's Texas Civil Statutes), and Subchapter
6-25 E, Chapter 31, Natural Resources Code.
7-1 SECTION 6. Subchapter I, Chapter 29, Education Code, is
7-2 amended by adding Section 29.315 to read as follows:
7-3 Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF
7-4 UNDERSTANDING. The Texas Education Agency and the Texas School for
7-5 the Deaf shall develop, agree to, and by commissioner rule adopt no
7-6 later than September 1, 1998, a memorandum of understanding to
7-7 establish:
7-8 (1) the method for developing and reevaluating a set
7-9 of indicators of the quality of learning at the Texas School for
7-10 the Deaf;
7-11 (2) the process for the agency to conduct and report
7-12 on an annual evaluation of the school's performance on the
7-13 indicators;
7-14 (3) the requirements for the school's board to
7-15 publish, discuss, and disseminate an annual report describing the
7-16 educational performance of the school;
7-17 (4) the process for the agency to assign an
7-18 accreditation status to the school, to reevaluate the status on an
7-19 annual basis, and, if necessary, to make on-site accreditation
7-20 investigations; and
7-21 (5) the type of information the school shall be
7-22 required to provide through the Public Education Information
7-23 Management System (PEIMS).
7-24 SECTION 7. Subsections (a), (d), and (e), Section 411.113,
7-25 Government Code, are amended to read as follows:
8-1 (a) The Texas School for the Deaf is entitled to obtain
8-2 criminal history record information maintained by the Department of
8-3 Public Safety, the Federal Bureau of Investigation identification
8-4 division, or another law enforcement agency which relates to school
8-5 employees, professional consultants, applicants for permanent,
8-6 temporary, or consultative employment, student teachers,
8-7 educational interns, persons who perform ongoing educational
8-8 projects at the school, and volunteer positions whose employment or
8-9 potential employment or volunteer positions with the school
8-10 involves direct interactions with, or the opportunity to interact
8-11 and associate with, the children or youth attending the school.
8-12 (d) The school may provide the applicant, employee,
8-13 professional consultant, [or] volunteer, student teacher,
8-14 educational intern, or person who performs ongoing educational
8-15 projects at the school with a copy of the [his or her] respective
8-16 criminal history record information obtained from the Department of
8-17 Public Safety, the Federal Bureau of Investigation identification
8-18 division, or another law enforcement agency.
8-19 (e) The failure or refusal to provide a complete set of
8-20 fingerprints or a complete name on request constitutes good cause
8-21 for dismissal or refusal to hire or accept for placement, as
8-22 applicable, with regard to school employees, professional
8-23 consultants, [and] applicants for permanent, temporary, or
8-24 consultative employment, student teachers, educational interns,
8-25 persons who perform ongoing educational projects at the school, or
9-1 volunteer positions whose employment or potential employment or
9-2 volunteer position with the school involves direct interactions
9-3 with, or the opportunity to interact and associate with, the
9-4 children or youth attending the school.
9-5 SECTION 8. Section 1, Chapter 22, Acts of the 57th
9-6 Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's
9-7 Texas Civil Statutes), is amended to read as follows:
9-8 Sec. 1. Local Boards of Education of the Public Schools of
9-9 this State, the Governing Boards of the state-supported
9-10 institutions of higher education, the Texas Higher Education
9-11 Coordinating Board[, Texas College and University System], the
9-12 Texas [Central] Education Agency, the Texas School for the Deaf,
9-13 the Texas Department of Mental Health and Mental Retardation and
9-14 the state schools, state hospitals, and other facilities and
9-15 institutions under its jurisdiction, the Texas Department of Health
9-16 and facilities and institutions under its jurisdiction, the Texas
9-17 Youth Commission and facilities and institutions under its
9-18 jurisdiction, and the governing boards of Centers for Community
9-19 Mental Health and Mental Retardation Services, county hospitals,
9-20 city hospitals, city-county hospitals, hospital authorities,
9-21 hospital districts, affiliated state agencies, and political
9-22 subdivisions of each of them, may enter into agreements with their
9-23 employees for the purchase of annuities or for contributions to any
9-24 type of investment for their employees as authorized in Section
9-25 403(b) of the Internal Revenue Code of 1954, as it existed on
10-1 January 1, 1981.
10-2 SECTION 9. This Act takes effect September 1, 1997.
10-3 SECTION 10. The importance of this legislation and the
10-4 crowded condition of the calendars in both houses create an
10-5 emergency and an imperative public necessity that the
10-6 constitutional rule requiring bills to be read on three several
10-7 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1918 passed the Senate on
May 12, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1918 passed the House on
May 28, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor