AN ACT
1-1 relating to the operation and administration of the Texas School
1-2 for the Blind and Visually Impaired.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 30.021, Education Code, is amended by
1-5 amending Subsections (a), (d), and (e) and adding Subsection (f) to
1-6 read as follows:
1-7 (a) The Texas School for the Blind and Visually Impaired is
1-8 a state agency established to serve as a special school in the
1-9 continuum of statewide alternative placements for students who are
1-10 21 years of age or younger on September 1 of any school year and
1-11 who have a[:]
1-12 [(1)] visual impairment and who may have [impairments;]
1-13 [(2) visual impairments and] one or more other
1-14 disabilities. The school is intended to serve students who require
1-15 specialized or intensive educational or related services related to
1-16 the visual impairment. The school is not intended to serve:
1-17 (1) students whose needs are appropriately addressed
1-18 in a home or hospital setting or in a residential treatment
1-19 facility; or
1-20 (2) students whose primary, ongoing needs are related
1-21 to a severe or profound emotional, behavioral, or cognitive
1-22 deficit[, such as being deaf-blind; or]
1-23 [(3) visual impairments and one or more other special
2-1 needs, such as requiring specialized and intensive services related
2-2 to the visual impairment, other than educational services provided
2-3 in the home or in a hospital, or requiring intensive services
2-4 related to a severe emotional, behavioral, or cognitive disability,
2-5 including the services of a residential treatment facility].
2-6 (d) The school shall provide statewide services to parents
2-7 of students with visual impairments, school districts, regional
2-8 education service centers, and other agencies serving students with
2-9 visual impairments, including students who have one or more
2-10 disabilities in addition to the visual impairment, such as students
2-11 who are deaf-blind. Those services must include:
2-12 (1) developing and providing local, regional, and
2-13 statewide training for parents of students with visual impairments
2-14 and professionals who work with persons with visual impairments;
2-15 (2) providing consultation and technical assistance to
2-16 parents and professionals related to special education and related
2-17 services for students;
2-18 (3) developing and disseminating reference materials
2-19 including materials in the areas of curriculum, instructional
2-20 methodology, and educational technology;
2-21 (4) providing information related to library
2-22 resources, adapted materials, current research, technology
2-23 resources, and teaching, assessment, and transition of students
2-24 with visual impairments; [and]
2-25 (5) operating programs for lending educational and
3-1 technological materials to school districts and regional education
3-2 service centers; and
3-3 (6) facilitating the preparation of teachers for
3-4 visually impaired students by providing assistance to colleges and
3-5 universities as well as other teacher preparation programs.
3-6 (e) The school shall cooperate with public and private
3-7 agencies and organizations serving students and other persons with
3-8 visual impairments in the planning, development, and implementation
3-9 of effective educational and rehabilitative service delivery
3-10 systems associated with educating students with visual impairments.
3-11 To maximize and make efficient use of state facilities, funding,
3-12 and resources, the services provided in this area may include
3-13 conducting a cooperative program with other agencies to serve
3-14 students who have graduated from high school by completing all
3-15 academic requirements applicable to students in regular education,
3-16 excluding satisfactory performance on the exit-level assessment
3-17 instrument, who are younger than 22 years of age on September 1 of
3-18 the school year and who have identified needs related to vocational
3-19 training, independent living skills, orientation and mobility,
3-20 social and leisure skills, compensatory skills, or remedial
3-21 academic skills.
3-22 (f) The school may operate an on-campus canteen to offer
3-23 food service at mealtimes and during other times of the day.
3-24 SECTION 2. Section 30.022, Education Code, is amended by
3-25 amending Subsections (d) and (g) and adding Subsections (i), (j),
4-1 and (k) to read as follows:
4-2 (d) The board shall organize and conduct itself in the same
4-3 manner as an independent school district board of trustees to the
4-4 extent that the organization and conduct do [does] not conflict
4-5 with the board's responsibilities relating to the status of the
4-6 school as a state agency.
4-7 (g) Except as otherwise provided by this subsection, an
4-8 action of the board may be appealed to a district court in Travis
4-9 County. An action of the board related to a dismissal during the
4-10 term of a teacher's [professional employee's] contract or to a
4-11 nonrenewal of a teacher's [professional employee's] contract may be
4-12 appealed to the commissioner in the manner prescribed by Subchapter
4-13 G, Chapter 21. For the purposes of this subsection, the term
4-14 "teacher" has the meaning assigned by Section 30.024(a).
4-15 (i) The board may accept and retain control of gifts,
4-16 devises, bequests, donations, or grants, either absolutely or in
4-17 trust, of money, securities, personal property, and real property
4-18 from any individual, estate, group, association, or corporation.
4-19 The funds or other property donated or the income from the property
4-20 may be spent by the board for:
4-21 (1) any purpose designated by the donor that is in
4-22 keeping with the lawful purpose of the school; or
4-23 (2) any legal purpose, if a specific purpose is not
4-24 designated by the donor.
4-25 (j) The board may license some or all of the physical
5-1 facilities of the school and shall adopt policies implementing this
5-2 subsection which may include establishing a fee schedule for lease
5-3 of the facilities to the following persons under the following
5-4 conditions:
5-5 (1) any organization, group, or individual for the
5-6 prevailing market rate; or
5-7 (2) a federal or state agency, a unit of local
5-8 government, a nonprofit organization, a school employee, or an
5-9 individual member of the general public for less than the
5-10 prevailing market rate if the board determines that sufficient
5-11 public benefit will be derived from the use.
5-12 (k) A license issued by the board under Subsection (j) is
5-13 subject to termination on sale or lease of the affected facility
5-14 under Chapter 672, Acts of the 71st Legislature, Regular Session,
5-15 1989 (Article 5421t, Vernon's Texas Civil Statutes), and Subchapter
5-16 E, Chapter 31, Natural Resources Code.
5-17 SECTION 3. Subsection (b), Section 30.024, Education Code,
5-18 is amended to read as follows:
5-19 (b) The governing board of the school may enter into an
5-20 employment contract with any employee who provides, or supervises
5-21 any employee who provides, direct and regular educational services
5-22 to students or who provides other professional[,] educational
5-23 services. Each teacher shall be employed under a term contract as
5-24 provided by Subchapter E, Chapter 21, or under a probationary
5-25 contract as provided by Subchapter C, Chapter 21. An employee
6-1 employed under a contract under this subsection:
6-2 (1) shall be paid in accordance with a salary
6-3 structure adopted by the superintendent with the concurrence of the
6-4 board that provides salaries equal, on a daily-rate basis, to
6-5 salaries paid to employees employed in comparable positions by the
6-6 Austin Independent School District;
6-7 (2) is not eligible for longevity pay under Subchapter
6-8 D, Chapter 659, Government Code, and is not entitled to a paid day
6-9 off from work on any national or state holiday;
6-10 (3) is eligible for sick leave accrual under the
6-11 General Appropriations Act in each month in which at least one day
6-12 of the month is included in the term of the employment contract and
6-13 in any other month in which work is performed or paid leave is
6-14 taken;
6-15 (4) may be permitted by the board to take paid time
6-16 off from work during the term of the employment contract for
6-17 personal reasons as designated by the board, but the paid time off
6-18 may not exceed three days per contract term and may not be carried
6-19 forward from one contract term to a subsequent contract term;
6-20 (5) may be permitted by the board to be paid the
6-21 salary designated in the employment contract in 12 equal monthly
6-22 installments; and
6-23 (6) shall work the hours established by the board.
6-24 SECTION 4. Subchapter B, Chapter 30, Education Code, is
6-25 amended by adding Section 30.028 to read as follows:
7-1 Sec. 30.028. LEASE OF CERTAIN PROPERTY OF TEXAS SCHOOL FOR
7-2 THE BLIND AND VISUALLY IMPAIRED FOR A DAY-CARE CENTER. (a) The
7-3 Texas School for the Blind and Visually Impaired may lease
7-4 available building space on the school's campus located at 1100
7-5 West 45th Street, Austin, Travis County, to a private provider to
7-6 provide a day-care center for children of the school's employees,
7-7 other state employees, and private customers.
7-8 (b) The school is authorized to determine a fair rental rate
7-9 for the property and may consider the actual benefits to be
7-10 received by the school's employees and students.
7-11 (c) The asset management division of the General Land Office
7-12 shall negotiate the terms of the lease and close the transaction on
7-13 behalf of the school as provided by Subchapter E, Chapter 31,
7-14 Natural Resources Code.
7-15 (d) Proceeds from the lease transaction conducted under this
7-16 section shall be deposited to the credit of the school in the
7-17 general revenue fund.
7-18 (e) A lease entered into by the board under Subsection (a)
7-19 is subject to termination on sale or lease of the affected facility
7-20 under Chapter 672, Acts of the 71st Legislature, Regular Session,
7-21 1989 (Article 5421t, Vernon's Texas Civil Statutes), and Subchapter
7-22 E, Chapter 31, Natural Resources Code.
7-23 SECTION 5. Subchapter A, Chapter 30, Education Code, is
7-24 amended by adding Section 30.005 to read as follows:
7-25 Sec. 30.005. TEXAS SCHOOL FOR THE BLIND AND VISUALLY
8-1 IMPAIRED MEMORANDUM OF UNDERSTANDING. The Texas Education Agency
8-2 and the Texas School for the Blind and Visually Impaired shall
8-3 develop, agree to, and by commissioner rule adopt no later than
8-4 September 1, 1998, a memorandum of understanding to establish:
8-5 (1) the method for developing and reevaluating a set
8-6 of indicators of the quality of learning at the Texas School for
8-7 the Blind and Visually Impaired;
8-8 (2) the process for the agency to conduct and report
8-9 on an annual evaluation of the school's performance on the
8-10 indicators;
8-11 (3) the requirements for the school's board to
8-12 publish, discuss, and disseminate an annual report describing the
8-13 educational performance of the school; and
8-14 (4) the type of information the school shall be
8-15 required to provide through the Public Education Information
8-16 Management System (PEIMS).
8-17 SECTION 6. Subsections (a), (d), and (e), Section 411.098,
8-18 Government Code, are amended to read as follows:
8-19 (a) The Texas School for the Blind and Visually Impaired is
8-20 entitled to obtain criminal history record information maintained
8-21 by the Department of Public Safety, the Federal Bureau of
8-22 Investigation identification division, or another law enforcement
8-23 agency which relates to school employees, professional consultants,
8-24 applicants for permanent, temporary, or consultative employment,
8-25 student teachers, educational interns, persons who perform ongoing
9-1 educational projects at the school, and volunteer positions whose
9-2 employment or potential employment or volunteer positions with the
9-3 school involves direct interactions with, or the opportunity to
9-4 interact and associate with, the children or youth attending the
9-5 school.
9-6 (d) The school may provide the applicant, employee,
9-7 professional consultant, [or] volunteer, student teacher,
9-8 educational intern, or person who performs ongoing educational
9-9 projects at the school with a copy of [their] respective criminal
9-10 history record information obtained from the Department of Public
9-11 Safety, the Federal Bureau of Investigation identification
9-12 division, or another law enforcement agency.
9-13 (e) The failure or refusal to provide a complete set of
9-14 fingerprints or a complete name on request constitutes good cause
9-15 for dismissal or refusal to hire or accept for placement, as
9-16 applicable, with regard to school employees, professional
9-17 consultants, [and] applicants for permanent, temporary, or
9-18 consultative employment, student teachers, educational interns,
9-19 persons who perform ongoing educational projects at the school, or
9-20 volunteer positions whose employment or potential employment or
9-21 volunteer position with the school involves direct interactions
9-22 with, or the opportunity to interact and associate with, the
9-23 children or youth attending the school.
9-24 SECTION 7. Section 1, Chapter 22, Acts of the 57th
9-25 Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's
10-1 Texas Civil Statutes), is amended to read as follows:
10-2 Sec. 1. Local Boards of Education of the Public Schools of
10-3 this State, the Governing Boards of the state-supported
10-4 institutions of higher education, the Texas Higher Education
10-5 Coordinating Board[, Texas College and University System], the
10-6 Texas [Central] Education Agency, the Texas School for the Blind
10-7 and Visually Impaired, the Texas Department of Mental Health and
10-8 Mental Retardation and the state schools, state hospitals, and
10-9 other facilities and institutions under its jurisdiction, the Texas
10-10 Department of Health and facilities and institutions under its
10-11 jurisdiction, the Texas Youth Commission and facilities and
10-12 institutions under its jurisdiction, and the governing boards of
10-13 Centers for Community Mental Health and Mental Retardation
10-14 Services, county hospitals, city hospitals, city-county hospitals,
10-15 hospital authorities, hospital districts, affiliated state
10-16 agencies, and political subdivisions of each of them, may enter
10-17 into agreements with their employees for the purchase of annuities
10-18 or for contributions to any type of investment for their employees
10-19 as authorized in Section 403(b) of the Internal Revenue Code of
10-20 1954, as it existed on January 1, 1981.
10-21 SECTION 8. This Act takes effect September 1, 1997.
10-22 SECTION 9. The importance of this legislation and the
10-23 crowded condition of the calendars in both houses create an
10-24 emergency and an imperative public necessity that the
10-25 constitutional rule requiring bills to be read on three several
11-1 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. 1919 passed the Senate on
May 12, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1919 passed the House on
May 28, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor