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.

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