1-1 By: Luna S.B. No. 1918
1-2 (In the Senate - Filed March 27, 1997; April 3, 1997, read
1-3 first time and referred to Committee on Education; May 7, 1997,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 11, Nays 0; May 7, 1997, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1918 By: Luna
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the operation and administration of the Texas School
1-10 for the Deaf.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 30.051, Education Code, is amended by
1-13 adding Subsection (d) to read as follows:
1-14 (d) The school shall cooperate with public and private
1-15 agencies and organizations serving students and other persons who
1-16 are deaf or hearing impaired in the planning, development, and
1-17 implementation of effective educational and rehabilitative service
1-18 delivery systems associated with educating students who are deaf or
1-19 hard of hearing. To maximize and make efficient use of state
1-20 facilities, funding, and resources, the services provided in this
1-21 area may include conducting a cooperative program with other
1-22 agencies to serve persons who have graduated from high school and
1-23 who have identified needs related to vocational training,
1-24 independent living skills, and social and leisure skills.
1-25 SECTION 2. Section 30.052, Education Code, is amended by
1-26 amending Subsections (d) and (g) and adding Subsections (i), (j),
1-27 and (k) to read as follows:
1-28 (d) The board shall organize and conduct itself in the same
1-29 manner as an independent school district board of trustees to the
1-30 extent that the organization and conduct do [does] not conflict
1-31 with the board's responsibilities relating to the status of the
1-32 school as a state agency.
1-33 (g) Except as otherwise provided by this subsection, an
1-34 action of the board may be appealed to a district court in Travis
1-35 County. An action of the board related to a dismissal during the
1-36 term of a teacher's [professional employee's] contract or to a
1-37 nonrenewal of a teacher's [professional employee's] contract may be
1-38 appealed to the commissioner in the manner prescribed by Subchapter
1-39 G, Chapter 21. For the purposes of this subsection, the term
1-40 "teacher" has the meaning assigned by Section 30.055(a).
1-41 (i) The board may accept and retain control of gifts,
1-42 devises, bequests, donations, or grants, either absolutely or in
1-43 trust, of money, securities, personal property, and real property
1-44 from any individual, estate, group, association, or corporation.
1-45 The funds or other property donated or the income from the property
1-46 may be spent by the board for:
1-47 (1) any purpose designated by the donor that is in
1-48 keeping with the lawful purpose of the school; or
1-49 (2) any legal purpose, if a specific purpose is not
1-50 designated by the donor.
1-51 (j) The board may license some or all of the physical
1-52 facilities of the school and shall adopt policies implementing this
1-53 subsection which may include establishing a fee schedule for lease
1-54 of the facilities to the following persons under the following
1-55 conditions:
1-56 (1) any organization, group, or individual at the
1-57 prevailing market rate; or
1-58 (2) a federal or state agency, a unit of local
1-59 government, a nonprofit organization, a school employee, or an
1-60 individual member of the general public at less than the prevailing
1-61 market rate if the board determines that sufficient public benefit
1-62 will be derived from the use.
1-63 (k) A license issued by the board under Subsection (j) is
1-64 subject to termination on sale or lease of the affected facility
2-1 under Chapter 672, Acts of the 71st Legislature, Regular Session,
2-2 1989 (Article 5421t, Vernon's Texas Civil Statutes), and Subchapter
2-3 E, Chapter 31, Natural Resources Code.
2-4 SECTION 3. Subsection (b), Section 30.055, Education Code,
2-5 is amended to read as follows:
2-6 (b) The governing board of the school may enter into an
2-7 employment contract with any employee who provides, or supervises
2-8 any employee who provides, direct and regular educational services
2-9 to students or who provides other professional, educational
2-10 services. Each teacher shall be employed under a term contract as
2-11 provided by Subchapter E, Chapter 21, or under a probationary
2-12 contract as provided by Subchapter C, Chapter 21. An employee
2-13 employed under a contract under this subsection:
2-14 (1) shall be paid in accordance with a salary
2-15 structure adopted by the superintendent with the concurrence of the
2-16 board that provides salaries equal, on a daily-rate basis, to
2-17 salaries paid to employees employed in comparable positions by the
2-18 Austin Independent School District;
2-19 (2) is not eligible for longevity pay under Subchapter
2-20 D, Chapter 659, Government Code, and is not entitled to a paid day
2-21 off from work on any national or state holiday;
2-22 (3) is eligible for sick leave accrual under the
2-23 General Appropriations Act in each month in which at least one day
2-24 of the month is included in the term of the employment contract and
2-25 in any other month in which work is performed or paid leave is
2-26 taken;
2-27 (4) may be permitted by the board to use a maximum of
2-28 four days per contract term of accrued sick leave for personal
2-29 reasons as designated by the board but the number of sick leave
2-30 days not used for personal reasons during a contract term may not
2-31 be carried forward to a subsequent contract term for use as
2-32 personal leave;
2-33 (5) may be permitted by the board to be paid the
2-34 salary designated in the employment contract in 12 equal monthly
2-35 installments; and
2-36 (6) shall work the hours established by the board.
2-37 SECTION 4. Section 30.057, Education Code, is amended to
2-38 read as follows:
2-39 Sec. 30.057. Admission to Texas School for the Deaf.
2-40 (a) The Texas School for the Deaf shall provide services in
2-41 accordance with Section 30.051 to any eligible student with a
2-42 disability for whom the school is an appropriate placement if the
2-43 student has been referred for admission:
2-44 (1) by the school district in which the student
2-45 resides under the student's individualized education program; [or]
2-46 (2) by the student's parent or legal guardian, or a
2-47 person with legal authority to act in place of the parent or legal
2-48 guardian, or the student, if the student is age 18 or older, at any
2-49 time during the school year, if the referring person [parent or
2-50 legal guardian] chooses the school[:]
2-51 [(A)] as the appropriate placement for the
2-52 student rather than the placement in the student's local or
2-53 regional program recommended under the student's individualized
2-54 education program; or
2-55 [(B) according to rules adopted by the State
2-56 Board of Education with the advice of the school's governing board;
2-57 or]
2-58 (3) by the student's parent or legal guardian through
2-59 the student's admission, review, and dismissal or individualized
2-60 family service plan [education program] committee, as an initial
2-61 referral to special education for students who are three years of
2-62 age or younger.
2-63 (b) The commissioner, with the advice of the school's
2-64 governing board, shall adopt rules to implement this section. The
2-65 rules adopted by the commissioner [under Subsection (a)(2)(B)] may
2-66 address the respective responsibilities of a student's parent or
2-67 legal guardian or a person with legal authority to act in place of
2-68 the parent or legal guardian, or the student, if age 18 or older,
2-69 the school district in which the student resides, and the school.
3-1 SECTION 5. Subchapter C, Chapter 30, Education Code, is
3-2 amended by adding Section 30.059 to read as follows:
3-3 Sec. 30.059. LEASE OF CERTAIN PROPERTY OF TEXAS SCHOOL FOR
3-4 THE DEAF FOR A DAY-CARE CENTER. (a) The Texas School for the Deaf
3-5 may lease available building space on the school's campus located
3-6 at 1102 South Congress, Austin, Travis County, to a private
3-7 provider to provide a day-care center for children of the school's
3-8 employees, other state employees, and private customers.
3-9 (b) The school is authorized to determine a fair rental rate
3-10 for the property and may consider the actual benefits to be
3-11 received by the school's employees and students.
3-12 (c) The asset management division of the General Land Office
3-13 shall negotiate the terms of the lease and close the transaction on
3-14 behalf of the school as provided by Subchapter E, Chapter 31,
3-15 Natural Resources Code.
3-16 (d) Proceeds from the lease transaction conducted under this
3-17 section shall be deposited to the credit of the school in the
3-18 general revenue fund.
3-19 (e) A lease entered into by the board under Subsection (a)
3-20 is subject to termination on sale or lease of the affected facility
3-21 under Chapter 672, Acts of the 71st Legislature, Regular Session,
3-22 1989 (Article 5421t, Vernon's Texas Civil Statutes), and Subchapter
3-23 E, Chapter 31, Natural Resources Code.
3-24 SECTION 6. Subchapter I, Chapter 29, Education Code, is
3-25 amended by adding Section 29.315 to read as follows:
3-26 Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF
3-27 UNDERSTANDING. The Texas Education Agency and the Texas School for
3-28 the Deaf shall develop, agree to, and by commissioner rule adopt no
3-29 later than September 1, 1998, a memorandum of understanding to
3-30 establish:
3-31 (1) the method for developing and reevaluating a set
3-32 of indicators of the quality of learning at the Texas School for
3-33 the Deaf;
3-34 (2) the process for the agency to conduct and report
3-35 on an annual evaluation of the school's performance on the
3-36 indicators;
3-37 (3) the requirements for the school's board to
3-38 publish, discuss, and disseminate an annual report describing the
3-39 educational performance of the school;
3-40 (4) the process for the agency to assign an
3-41 accreditation status to the school, to reevaluate the status on an
3-42 annual basis, and, if necessary, to make on-site accreditation
3-43 investigations; and
3-44 (5) the type of information the school shall be
3-45 required to provide through the Public Education Information
3-46 Management System (PEIMS).
3-47 SECTION 7. Subsections (a), (d), and (e), Section 411.113,
3-48 Government Code, are amended to read as follows:
3-49 (a) The Texas School for the Deaf is entitled to obtain
3-50 criminal history record information maintained by the Department of
3-51 Public Safety, the Federal Bureau of Investigation identification
3-52 division, or another law enforcement agency which relates to school
3-53 employees, professional consultants, applicants for permanent,
3-54 temporary, or consultative employment, student teachers,
3-55 educational interns, persons who perform ongoing educational
3-56 projects at the school, and volunteer positions whose employment or
3-57 potential employment or volunteer positions with the school
3-58 involves direct interactions with, or the opportunity to interact
3-59 and associate with, the children or youth attending the school.
3-60 (d) The school may provide the applicant, employee,
3-61 professional consultant, [or] volunteer, student teacher,
3-62 educational intern, or person who performs ongoing educational
3-63 projects at the school with a copy of the [his or her] respective
3-64 criminal history record information obtained from the Department of
3-65 Public Safety, the Federal Bureau of Investigation identification
3-66 division, or another law enforcement agency.
3-67 (e) The failure or refusal to provide a complete set of
3-68 fingerprints or a complete name on request constitutes good cause
3-69 for dismissal or refusal to hire or accept for placement, as
4-1 applicable, with regard to school employees, professional
4-2 consultants, [and] applicants for permanent, temporary, or
4-3 consultative employment, student teachers, educational interns,
4-4 persons who perform ongoing educational projects at the school, or
4-5 volunteer positions whose employment or potential employment or
4-6 volunteer position with the school involves direct interactions
4-7 with, or the opportunity to interact and associate with, the
4-8 children or youth attending the school.
4-9 SECTION 8. Section 1, Chapter 22, Acts of the 57th
4-10 Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's
4-11 Texas Civil Statutes), is amended to read as follows:
4-12 Sec. 1. Local Boards of Education of the Public Schools of
4-13 this State, the Governing Boards of the state-supported
4-14 institutions of higher education, the Texas Higher Education
4-15 Coordinating Board[, Texas College and University System], the
4-16 Texas [Central] Education Agency, the Texas School for the Deaf,
4-17 the Texas Department of Mental Health and Mental Retardation and
4-18 the state schools, state hospitals, and other facilities and
4-19 institutions under its jurisdiction, the Texas Department of Health
4-20 and facilities and institutions under its jurisdiction, the Texas
4-21 Youth Commission and facilities and institutions under its
4-22 jurisdiction, and the governing boards of Centers for Community
4-23 Mental Health and Mental Retardation Services, county hospitals,
4-24 city hospitals, city-county hospitals, hospital authorities,
4-25 hospital districts, affiliated state agencies, and political
4-26 subdivisions of each of them, may enter into agreements with their
4-27 employees for the purchase of annuities or for contributions to any
4-28 type of investment for their employees as authorized in Section
4-29 403(b) of the Internal Revenue Code of 1954, as it existed on
4-30 January 1, 1981.
4-31 SECTION 9. This Act takes effect September 1, 1997.
4-32 SECTION 10. The importance of this legislation and the
4-33 crowded condition of the calendars in both houses create an
4-34 emergency and an imperative public necessity that the
4-35 constitutional rule requiring bills to be read on three several
4-36 days in each house be suspended, and this rule is hereby suspended.
4-37 * * * * *