By Shapiro S.B. No. 562
77R3274 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to computation and reporting of the ratios of a school
1-3 district's expenditures and personnel relating to direct student
1-4 instruction.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 44, Education Code, is
1-7 amended by adding Section 44.0071 to read as follows:
1-8 Sec. 44.0071. COMPUTATION OF INSTRUCTIONAL EXPENDITURES
1-9 RATIO AND INSTRUCTIONAL EMPLOYEES RATIO. (a) Each fiscal year, a
1-10 school district shall compute and report to the commissioner:
1-11 (1) the percentage of the district's total
1-12 expenditures for the preceding fiscal year that were used to fund
1-13 direct instructional activities; and
1-14 (2) the percentage of the district's full-time
1-15 equivalent employees during the preceding fiscal year whose only
1-16 job function was to directly provide classroom instruction to
1-17 students.
1-18 (b) At least annually a school district shall provide
1-19 educators employed by the district with a list of district
1-20 employees determined by the district for purposes of this section
1-21 to be engaged only in providing classroom instruction to students.
1-22 (c) For purposes of this section:
1-23 (1) a district's total expenditures include amounts
1-24 spent on physical plant construction or operation; and
2-1 (2) the computation of a district's expenditures used
2-2 to fund direct instructional activities may include the salary,
2-3 including any associated employment taxes, and value of any
2-4 benefits provided to a district employee only if the employee's
2-5 only job function was to provide classroom instruction to students.
2-6 (d) The commissioner shall adopt rules as necessary to
2-7 implement this section.
2-8 SECTION 2. Section 39.052(b), Education Code, as amended by
2-9 Chapters 396 and 1514, Acts of the 76th Legislature, Regular
2-10 Session, 1999, is reenacted and amended to read as follows:
2-11 (b) The report card shall include the following information
2-12 [where applicable]:
2-13 (1) where applicable, the academic excellence
2-14 indicators adopted under Sections 39.051(b)(1) through (9);
2-15 (2) average class size by grade level and subject;
2-16 [and]
2-17 (3) the administrative and instructional costs per
2-18 student, computed in a manner consistent with Section 44.0071; and
2-19 (4) the district's instructional expenditures ratio
2-20 and instructional employees ratio computed under Section 44.0071,
2-21 and the statewide average of those ratios, as determined by the
2-22 commissioner.
2-23 SECTION 3. Section 39.052(c), Education Code, is amended to
2-24 read as follows:
2-25 (c) The commissioner shall adopt rules [for] requiring
2-26 dissemination of the information required under Subsection (b)(4)
2-27 and appropriate class size and student performance portions of
3-1 campus report cards annually to the parent, guardian, conservator,
3-2 or other person having lawful control of each student at the
3-3 campus. On written request, the school district shall provide a
3-4 copy of a campus report card to any other party.
3-5 SECTION 4. Section 39.182(a), Education Code, is amended to
3-6 read as follows:
3-7 (a) The agency shall prepare and deliver to the governor,
3-8 the lieutenant governor, the speaker of the house of
3-9 representatives, each member of the legislature, the Legislative
3-10 Budget Board, and the clerks of the standing committees of the
3-11 senate and house of representatives with primary jurisdiction over
3-12 the public school system a comprehensive report covering the
3-13 preceding two school years and containing:
3-14 (1) an evaluation of the achievements of the state
3-15 educational program in relation to the statutory goals for the
3-16 public education system under Section 4.002;
3-17 (2) an evaluation of the status of education in the
3-18 state as reflected by the academic excellence indicators adopted
3-19 under Section 39.051;
3-20 (3) a summary compilation of overall student
3-21 performance on academic skills assessment instruments required by
3-22 Section 39.023, aggregated by grade level, subject area, campus,
3-23 and district, with appropriate interpretations and analysis and
3-24 disaggregated by race, ethnicity, sex, and socioeconomic status;
3-25 (4) an evaluation of the correlation between student
3-26 grades and student performance on academic skills assessment
3-27 instruments required by Section 39.023;
4-1 (5) a statement of the dropout rate of students in
4-2 grade levels 7 through 12, expressed in the aggregate and by grade
4-3 level;
4-4 (6) a statement of the projected cross-sectional and
4-5 longitudinal dropout rates for grade levels 7 through 12 for the
4-6 next five years, assuming no state action is taken to reduce the
4-7 dropout rate;
4-8 (7) a description of a systematic plan for reducing
4-9 the projected cross-sectional and longitudinal dropout rates to
4-10 five percent or less for the 1997-1998 school year;
4-11 (8) a summary of the information required by Section
4-12 29.083 regarding grade level retention of students;
4-13 (9) a list of each school district or campus that does
4-14 not satisfy performance standards, with an explanation of the
4-15 actions taken by the commissioner to improve student performance in
4-16 the district or campus and an evaluation of the results of those
4-17 actions;
4-18 (10) an evaluation of the status of the curriculum
4-19 taught in public schools, with recommendations for legislative
4-20 changes necessary to improve or modify the curriculum required by
4-21 Section 28.002;
4-22 (11) a description of all funds received by and each
4-23 activity and expenditure of the agency;
4-24 (12) a summary and analysis of the instructional
4-25 expenditures ratios and instructional employees ratios [compliance]
4-26 of school districts computed [with administrative cost ratios set
4-27 by the commissioner] under Section 44.0071 [42.201, including any
5-1 improvements and cost savings achieved by school districts];
5-2 (13) a summary of the effect of deregulation,
5-3 including exemptions and waivers granted under Section 7.056 or
5-4 39.112;
5-5 (14) a statement of the total number and length of
5-6 reports that school districts and school district employees must
5-7 submit to the agency, identifying which reports are required by
5-8 federal statute or rule, state statute, or agency rule, and a
5-9 summary of the agency's efforts to reduce overall reporting
5-10 requirements;
5-11 (15) a list of each school district that is not in
5-12 compliance with state special education requirements, including:
5-13 (A) the period for which the district has not
5-14 been in compliance;
5-15 (B) the manner in which the agency considered
5-16 the district's failure to comply in determining the district's
5-17 accreditation status; and
5-18 (C) an explanation of the actions taken by the
5-19 commissioner to ensure compliance and an evaluation of the results
5-20 of those actions; and
5-21 (16) any additional information considered important
5-22 by the commissioner or the State Board of Education.
5-23 SECTION 5. Subchapter D, Chapter 42, Education Code, is
5-24 repealed.
5-25 SECTION 6. This Act takes effect September 1, 2001.
5-26 SECTION 7. The repeal of Subchapter D, Chapter 42, Education
5-27 Code, by this Act does not affect the liability of a school
6-1 district for excess administrative costs during the 2000-2001
6-2 school year that the commissioner of education is entitled to
6-3 recover during the 2001-2002 school year under Section 42.201(d),
6-4 Education Code, as that section existed on January 1, 2001, and the
6-5 former law is continued in effect for that purpose.