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 * * * * *