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By:  Eissler                                                      H.B. No. 2825



A BILL TO BE ENTITLED

AN ACT

relating to compliance monitoring of school districts by the 
commissioner of education and the Texas Education Agency.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 7, Education Code, is 
amended by adding Section 7.007 to read as follows:
	Sec. 7.007.  COMPLIANCE MONITORING OF SCHOOL DISTRICTS.  (a)  
Notwithstanding any other provision of law, the commissioner shall 
limit agency monitoring under this title of school districts to:
		(1)  determining compliance with:                                      
			(A)  federal laws and regulations; and                                
			(B)  state laws and regulations relating to 
special education; and  
		(2)  maintaining the accuracy of data submitted through 
the Public Education Information Management System (PEIMS) for 
purposes of accountability under Chapter 39.
	(b)  This section does not prohibit the commissioner from 
investigating a school district for compliance with state or 
federal programs as provided by Sections 39.074 and 39.075 if:
		(1)  the commissioner identifies sufficient funds 
within the agency's budget to conduct the investigation;
		(2)  the funds identified under Subdivision (1) may be 
used for that purpose; and
		(3)  the investigation is based on an assessment of the 
risk that the district is not in compliance with the law.
	(c)  An assessment of risk under Subsection (b) must include 
consideration of any complaints about the district's compliance or 
lack of compliance with the law.
	(d)  A school district or open-enrollment charter school is 
responsible for determining the district's or school's compliance 
with a requirement of state law that is not monitored by the 
commissioner or agency unless the requirement is waived under 
Section 7.056.
	SECTION 2.  Section 39.074(d), Education Code, is amended to 
read as follows:
	(d)  Not later than the 30th day before the date on which the 
agency will begin an on-site investigation of a district's 
accreditation, the [The] agency shall give written notice to the 
superintendent and the board of trustees of the [any impending] 
investigation [of the district's accreditation].
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.