1-1     By:  Luna                                             S.B. No. 1919
 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. 1919                    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 Blind and Visually Impaired.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 30.021, Education Code, is amended by
1-13     amending Subsections (a), (d), and (e) and adding Subsection (f) to
1-14     read as follows:
1-15           (a)  The Texas School for the Blind and Visually Impaired is
1-16     a state agency established to serve as a special school in the
1-17     continuum of statewide alternative placements for students who are
1-18     21 years of age or younger on September 1 of any school year and
1-19     who have a[:]
1-20                 [(1)]  visual impairment and who may have [impairments;]
1-21                 [(2)  visual impairments and] one or more other
1-22     disabilities.  The school is intended to serve students who require
1-23     specialized or intensive educational or related services related to
1-24     the visual impairment.  The school is not intended to serve:
1-25                 (1)  students whose needs are appropriately addressed
1-26     in a home or hospital setting or in a residential treatment
1-27     facility; or
1-28                 (2)  students whose primary, ongoing needs are related
1-29     to a severe or profound emotional, behavioral, or cognitive
1-30     deficit[, such as being deaf-blind; or]
1-31                 [(3)  visual impairments and one or more other special
1-32     needs, such as requiring specialized and intensive services related
1-33     to the visual impairment, other than educational services provided
1-34     in the home or in a hospital, or requiring intensive services
1-35     related to a severe emotional, behavioral, or cognitive disability,
1-36     including the services of a residential treatment facility].
1-37           (d)  The school shall provide statewide services to parents
1-38     of students with visual impairments, school districts, regional
1-39     education service centers, and other agencies serving students with
1-40     visual impairments, including students who have one or more
1-41     disabilities in addition to the visual impairment, such as students
1-42     who are deaf-blind.  Those services must include:
1-43                 (1)  developing and providing local, regional, and
1-44     statewide training for parents of students with visual impairments
1-45     and professionals who work with persons with visual impairments;
1-46                 (2)  providing consultation and technical assistance to
1-47     parents and professionals related to special education and related
1-48     services for students;
1-49                 (3)  developing and disseminating reference materials
1-50     including materials in the areas of curriculum, instructional
1-51     methodology, and educational technology;
1-52                 (4)  providing information related to library
1-53     resources, adapted materials, current research, technology
1-54     resources, and teaching, assessment, and transition of students
1-55     with visual impairments; [and]
1-56                 (5)  operating programs for lending educational and
1-57     technological materials to school districts and regional education
1-58     service centers; and
1-59                 (6)  facilitating the preparation of teachers for
1-60     visually impaired students by providing assistance to colleges and
1-61     universities as well as other teacher preparation programs.
1-62           (e)  The school shall cooperate with public and private
1-63     agencies and organizations serving students and other persons with
1-64     visual impairments in the planning, development, and implementation
 2-1     of effective educational and rehabilitative service delivery
 2-2     systems associated with educating students with visual impairments.
 2-3     To maximize and make efficient use of state facilities, funding,
 2-4     and resources, the services provided in this area may include
 2-5     conducting a cooperative program with other agencies to serve
 2-6     students who have graduated from high school by completing all
 2-7     academic requirements applicable to students in regular education,
 2-8     excluding satisfactory performance on the exit-level assessment
 2-9     instrument, who are younger than 22 years of age on September 1 of
2-10     the school year and who have identified needs related to vocational
2-11     training, independent living skills, orientation and mobility,
2-12     social and leisure skills, compensatory skills, or remedial
2-13     academic skills.
2-14           (f)  The school may operate an on-campus canteen to offer
2-15     food service at mealtimes and during other times of the day.
2-16           SECTION 2.  Section 30.022, Education Code, is amended by
2-17     amending Subsections (d) and (g) and adding Subsections (i), (j),
2-18     and (k) to read as follows:
2-19           (d)  The board shall organize and conduct itself in the same
2-20     manner as an independent school district board of trustees to the
2-21     extent that the organization and conduct do [does] not conflict
2-22     with the board's responsibilities relating to the status of the
2-23     school as a state agency.
2-24           (g)  Except as otherwise provided by this subsection, an
2-25     action of the board may be appealed to a district court in Travis
2-26     County.  An action of the board related to a dismissal during the
2-27     term of a teacher's [professional employee's] contract or to a
2-28     nonrenewal of a teacher's [professional employee's] contract may be
2-29     appealed to the commissioner in the manner prescribed by Subchapter
2-30     G, Chapter 21.  For the purposes of this subsection, the term
2-31     "teacher" has the meaning assigned by Section 30.024(a).
2-32           (i)  The board may accept and retain control of gifts,
2-33     devises, bequests, donations, or grants, either absolutely or in
2-34     trust, of money, securities, personal property, and real property
2-35     from any individual, estate, group, association, or corporation.
2-36     The funds or other property donated or the income from the property
2-37     may be spent by the board for:
2-38                 (1)  any purpose designated by the donor that is in
2-39     keeping with the lawful purpose of the school; or
2-40                 (2)  any legal purpose, if a specific purpose is not
2-41     designated by the donor.
2-42           (j)  The board may license some or all of the physical
2-43     facilities of the school and shall adopt policies implementing this
2-44     subsection which may include establishing a fee schedule for lease
2-45     of the facilities to the following persons under the following
2-46     conditions:
2-47                 (1)  any organization, group, or individual for the
2-48     prevailing market rate; or
2-49                 (2)  a federal or state agency, a unit of local
2-50     government, a nonprofit organization, a school employee, or an
2-51     individual member of the general public for less than the
2-52     prevailing market rate if the board determines that sufficient
2-53     public benefit will be derived from the use.
2-54           (k)  A license issued by the board under Subsection (j) is
2-55     subject to termination on sale or lease of the affected facility
2-56     under Chapter 672, Acts of the 71st Legislature, Regular Session,
2-57     1989 (Article 5421t, Vernon's Texas Civil Statutes), and Subchapter
2-58     E, Chapter 31, Natural Resources Code.
2-59           SECTION 3.  Subsection (b), Section 30.024, Education Code,
2-60     is amended to read as follows:
2-61           (b)  The governing board of the school may enter into an
2-62     employment contract with any employee who provides, or supervises
2-63     any employee who provides, direct and regular educational services
2-64     to students or who provides other professional[,] educational
2-65     services.  Each teacher shall be employed under a term contract as
2-66     provided by Subchapter E, Chapter 21, or under a probationary
2-67     contract as provided by Subchapter C, Chapter 21.  An employee
2-68     employed under a contract under this subsection:
2-69                 (1)  shall be paid in accordance with a salary
 3-1     structure adopted by the superintendent with the concurrence of the
 3-2     board that provides salaries equal, on a daily-rate basis, to
 3-3     salaries paid to employees employed in comparable positions by the
 3-4     Austin Independent School District;
 3-5                 (2)  is not eligible for longevity pay under Subchapter
 3-6     D, Chapter 659, Government Code, and is not entitled to a paid day
 3-7     off from work on any national or state holiday;
 3-8                 (3)  is eligible for sick leave accrual under the
 3-9     General Appropriations Act in each month in which at least one day
3-10     of the month is included in the term of the employment contract and
3-11     in any other month in which work is performed or paid leave is
3-12     taken;
3-13                 (4)  may be permitted by the board to take paid time
3-14     off from work during the term of the employment contract for
3-15     personal reasons as designated by the board, but the paid time off
3-16     may not exceed three days per contract term and may not be carried
3-17     forward from one contract term to a subsequent contract term;
3-18                 (5)  may be permitted by the board to be paid the
3-19     salary designated in the employment contract in 12 equal monthly
3-20     installments; and
3-21                 (6)  shall work the hours established by the board.
3-22           SECTION 4.  Subchapter B, Chapter 30, Education Code, is
3-23     amended by adding Section 30.028 to read as follows:
3-24           Sec. 30.028.  LEASE OF CERTAIN PROPERTY OF TEXAS SCHOOL FOR
3-25     THE BLIND AND VISUALLY IMPAIRED FOR A DAY-CARE CENTER.  (a)  The
3-26     Texas School for the Blind and Visually Impaired may lease
3-27     available building space on the school's campus located at 1100
3-28     West 45th Street, Austin, Travis County, to a private provider to
3-29     provide a day-care center for children of the school's employees,
3-30     other state employees, and private customers.
3-31           (b)  The school is authorized to determine a fair rental rate
3-32     for the property and may consider the actual benefits to be
3-33     received by the school's employees and students.
3-34           (c)  The asset management division of the General Land Office
3-35     shall negotiate the terms of the lease and close the transaction on
3-36     behalf of the school as provided by Subchapter E, Chapter 31,
3-37     Natural Resources Code.
3-38           (d)  Proceeds from the lease transaction conducted under this
3-39     section shall be deposited to the credit of the school in the
3-40     general revenue fund.
3-41           (e)  A lease entered into by the board under Subsection (a)
3-42     is subject to termination on sale or lease of the affected facility
3-43     under Chapter 672, Acts of the 71st Legislature, Regular Session,
3-44     1989 (Article 5421t, Vernon's Texas Civil Statutes), and Subchapter
3-45     E, Chapter 31, Natural Resources Code.
3-46           SECTION 5.  Subchapter A, Chapter 30, Education Code, is
3-47     amended by adding Section 30.005 to read as follows:
3-48           Sec. 30.005.  TEXAS SCHOOL FOR THE BLIND AND VISUALLY
3-49     IMPAIRED MEMORANDUM OF UNDERSTANDING.  The Texas Education Agency
3-50     and the Texas School for the Blind and Visually Impaired shall
3-51     develop, agree to, and by commissioner rule adopt no later than
3-52     September 1, 1998, a memorandum of understanding to establish:
3-53                 (1)  the method for developing and reevaluating a set
3-54     of indicators of the quality of learning at the Texas School for
3-55     the Blind and Visually Impaired;
3-56                 (2)  the process for the agency to conduct and report
3-57     on an annual evaluation of the school's performance on the
3-58     indicators;
3-59                 (3)  the requirements for the school's board to
3-60     publish, discuss, and disseminate an annual report describing the
3-61     educational performance of the school; and
3-62                 (4)  the type of information the school shall be
3-63     required to provide through the Public Education Information
3-64     Management System (PEIMS).
3-65           SECTION 6.  Subsections (a), (d), and (e), Section 411.098,
3-66     Government Code, are amended to read as follows:
3-67           (a)  The Texas School for the Blind and Visually Impaired is
3-68     entitled to obtain criminal history record information maintained
3-69     by the Department of Public Safety, the Federal Bureau of
 4-1     Investigation identification division, or another law enforcement
 4-2     agency which relates to school employees, professional consultants,
 4-3     applicants for permanent, temporary, or consultative employment,
 4-4     student teachers, educational interns, persons who perform ongoing
 4-5     educational projects at the school,  and volunteer positions whose
 4-6     employment or potential employment or volunteer positions with the
 4-7     school involves direct interactions with, or the opportunity to
 4-8     interact and associate with, the children or youth attending the
 4-9     school.
4-10           (d)  The school may provide the applicant, employee,
4-11     professional consultant, [or] volunteer, student teacher,
4-12     educational intern, or person who performs ongoing educational
4-13     projects at the school with a copy of [their] respective criminal
4-14     history record information obtained from the Department of Public
4-15     Safety, the Federal Bureau of Investigation identification
4-16     division, or another law enforcement agency.
4-17           (e)  The failure or refusal to provide a complete set of
4-18     fingerprints or a complete name on request constitutes good cause
4-19     for dismissal or refusal to hire or accept for placement, as
4-20     applicable, with regard to school employees, professional
4-21     consultants, [and] applicants for permanent, temporary, or
4-22     consultative employment, student teachers, educational interns,
4-23     persons who perform ongoing educational projects at the school, or
4-24     volunteer positions whose employment or potential employment or
4-25     volunteer position with the school involves direct interactions
4-26     with, or the opportunity to interact and associate with, the
4-27     children or youth attending the school.
4-28           SECTION 7.  Section 1, Chapter 22, Acts of the 57th
4-29     Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's
4-30     Texas Civil Statutes), is amended to read as follows:
4-31           Sec. 1.  Local Boards of Education of the Public Schools of
4-32     this State, the Governing Boards of the state-supported
4-33     institutions of higher education, the Texas Higher Education
4-34     Coordinating Board[, Texas College and University System], the
4-35     Texas [Central] Education Agency, the Texas School for the Blind
4-36     and Visually Impaired, the Texas Department of Mental Health and
4-37     Mental Retardation and the state schools, state hospitals, and
4-38     other facilities and institutions under its jurisdiction, the Texas
4-39     Department of Health and facilities and institutions under its
4-40     jurisdiction, the Texas Youth Commission and facilities and
4-41     institutions under its jurisdiction, and the governing boards of
4-42     Centers for Community Mental Health and Mental Retardation
4-43     Services, county hospitals, city hospitals, city-county hospitals,
4-44     hospital authorities, hospital districts, affiliated state
4-45     agencies, and political subdivisions of each of them, may enter
4-46     into agreements with their employees for the purchase of annuities
4-47     or for contributions to any type of investment for their employees
4-48     as authorized in Section 403(b) of the Internal Revenue Code of
4-49     1954, as it existed on January 1, 1981.
4-50           SECTION 8.  This Act takes effect September 1, 1997.
4-51           SECTION 9.  The importance of this legislation and the
4-52     crowded condition of the calendars in both houses create an
4-53     emergency and an imperative public necessity that the
4-54     constitutional rule requiring bills to be read on three several
4-55     days in each house be suspended, and this rule is hereby suspended.
4-56                                  * * * * *