By: Duncan S.B. No. 1857
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 in accordance with the provisions
of this Chapter.
SECTION 2. 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 3. 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) Except as provided by Subsection
(b), 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
shall distribute money to 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) 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 any school district
that has an average daily attendance of 35,000 students or more for
use by the district in obtaining the services from centers or other
providers. The commissioner shall determine the method by which
money appropriated under this section is distributed. A school
district that has an average daily attendance of 35,000 students or
more 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 this
Subsection. 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 4. Section 8.123, Education Code, is amended to
read as follows:
Sec. 8.123. FUNDING FOR STATE INITIATIVES. (a) The
legislature may appropriate money from the foundation school fund
or other sources to implement initiatives identified by the
legislature.
(b) The commissioner shall distribute funds for state
initiatives to regional education service centers or to school
districts within a regional service center's geographical
boundaries in the following manner:
(1) directly to any school district that has an
average daily attendance of 35,000 students or more based on that
district's pro rata share of the funding based on its student
attendance in relation to the total average daily attendance for
the regional education service center; and
(2) directly to an education service center for its
use in carrying out the purpose of the state initiative for school
districts within the region that have an average daily attendance
of less than 35,000.
(c) A school district to which Subsection (b)(1) applies 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)(1). The district may rescind its authorization at any time, and
the commissioner shall promptly resume distributing funds directly
to the district.
(d) The commissioner may adopt rules governing:
(1) the strategies, programs, projects, and regions
eligible for funding under this section; and
(2) the amount of funds that may be manner in which
funds are to be distributed to a regional education service center
for a specific initiative.
SECTION 5. (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 50 percent of center funds
are derived from locally funded sources.
SECTION 6. Sections 8.122 and 8.124 Education code, are
repealed.
SECTION 7. This Act takes effect September 1, 2005.