78R8064 KKA-D
By: Shapiro S.B. No. 929
A BILL TO BE ENTITLED
AN ACT
relating to regional education service centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8.001(c), Education Code, is amended to
read as follows:
(c) The commissioner may decide any matter concerning the
operation or administration of the regional education service
centers, including:
(1) the number and location of centers; and
(2) the regional boundaries of centers[; and
[(3) the allocation among centers of state and federal
funds administered by the agency].
SECTION 2. Section 8.002, Education Code, is amended to
read as follows:
Sec. 8.002. PURPOSE. Regional education service centers
shall:
(1) assist school districts in improving student
performance in each region of the system; and
(2) enable school districts to operate more
efficiently and economically[; and
[(3) implement initiatives assigned by the
legislature or the commissioner].
SECTION 3. Section 8.003(e), Education Code, is amended to
read as follows:
(e) Each regional education service center board of
directors shall develop policies to ensure the sound management and
operation of the center consistent with Section 8.002. Subject to
approval of the board of directors, regional education service
centers shall offer programs and activities to school districts and
campuses under Sections 8.051[, 8.052,] and 8.053.
SECTION 4. Subchapter A, Chapter 8, Education Code, is
amended by adding Section 8.008 to read as follows:
Sec. 8.008. APPLICABILITY OF CERTAIN LAWS RELATING TO
POLITICAL ACTIVITIES. A regional education service center and each
center employee is subject to Chapter 556, Government Code, and for
purposes of that chapter:
(1) the center is considered to be a state agency; and
(2) each center employee is considered to be a state
employee.
SECTION 5. Section 8.051(a), Education Code, is amended to
read as follows:
(a) Each regional education service center shall [use funds
distributed to the center under Section 8.121 to] develop,
maintain, and deliver services identified under this section to
improve student and school district performance.
SECTION 6. Section 8.053, Education Code, is amended to
read as follows:
Sec. 8.053. ADDITIONAL SERVICES. In addition to the
services provided under Section 8.051 [and the initiatives
implemented under Section 8.052], a regional education service
center may:
(1) offer any service requested and purchased by any
school district or campus in the state; and
(2) contract with a public or private entity for
services under this subchapter, including the provision of
continuing education courses and programs for educators.
SECTION 7. Subchapter B, Chapter 8, Education Code, is
amended by adding Section 8.056 to read as follows:
Sec. 8.056. LIMITATION ON COMPENSATION FOR CERTAIN
SERVICES. A regional education service center that acts as a fiscal
agent or broker in connection with an agreement between two school
districts under Subchapter E, Chapter 41, may not, unless
authorized in writing by the district receiving transferred funds
in accordance with the agreement:
(1) be compensated by the districts in an amount that
exceeds the administrative cost of providing the service; or
(2) otherwise retain for use by the center any amount
other than the compensation permitted under Subdivision (1) from
the funds transferred between the districts in accordance with the
agreement.
SECTION 8. Section 8.101, Education Code, is amended to
read as follows:
Sec. 8.101. PERFORMANCE STANDARDS AND INDICATORS. The
commissioner shall establish performance standards and indicators
for regional education service centers that measure the achievement
of the objectives in Section 8.002. Performance standards and
indicators must include the following:
(1) student performance in districts served;
(2) district effectiveness and efficiency in
districts served resulting from technical assistance and program
support;
(3) direct services provided or regionally shared
services arranged by the service center which produce more
economical and efficient school operations; and
(4) direct services provided or regionally shared
services arranged by the service center which provide for
assistance in core services[; and
[(5) grants received for implementation of state
initiatives and the results achieved by the service center under
the terms of the grant contract].
SECTION 9. Section 8.121, Education Code, is amended to
read as follows:
Sec. 8.121. STATE FUNDING [FOR CORE SERVICES AND SERVICES
TO IMPROVE PERFORMANCE]. (a) [Regional education service centers
receive state financial support for services provided under Section
8.051 from money appropriated for the Foundation School Program.]
The commissioner may not use [shall distribute] money appropriated
for the Foundation School Program to provide regional education
service centers with financial support for services provided under
Section 8.051 [each regional education service center for basic
costs of providing those services according to an annual allotment
set by the commissioner based on:
[(1) the minimum amount of money necessary for the
operation of a center;
[(2) an additional amount of money that reflects the
size and number of campuses served by the center under Section
8.051; and
[(3) an additional amount of money that reflects the
impact of the geographic size of a center's service area on the cost
of providing services under Section 8.051].
(b) Except as provided by Subsection (c), any money
appropriated by the legislature for services provided by regional
education service centers or other providers, including federal
funds subject to appropriation by the legislature, must be
distributed directly to school districts for use by the districts
in obtaining the services from centers or other providers. The
commissioner shall determine the method by which money appropriated
under this section is distributed.
(c) A school district may authorize the commissioner to
distribute directly to a regional education service center the
amount of funds that would otherwise be distributed to the district
in accordance with Subsection (b). The district may rescind its
authorization at any time, and the commissioner shall promptly
resume distributing funds directly to the district. [Each regional
education service center shall use money distributed to it under
this section for the provision of core services required under
Section 8.051 or for payment of necessary administrative and
operational expenses of the center related to the provision of
those services.]
SECTION 10. (a) The comptroller shall contract with a
consultant for a comprehensive review of regional education service
centers in this state. The review must focus on:
(1) identifying core services, as described by Section
8.051(d), Education Code, and other services provided by regional
education service centers; and
(2) evaluating current and potential funding
mechanisms for regional education service centers.
(b) Not later than December 1, 2004, the comptroller shall
submit a report to the legislature concerning the results of the
review required by Subsection (a) of this section. The report must
include recommendations for a regional education service center
funding mechanism under which at least 80 percent of center funds
are derived from fee-for-service contracts with school districts.
SECTION 11. Sections 8.052, 8.122, 8.123, and 8.124,
Education Code, are repealed.
SECTION 12. This Act takes effect September 1, 2003.