By: Grusendorf H.B. No. 2
A BILL TO BE ENTITLED
AN ACT
relating to public education and public school finance matters;
imposing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PUBLIC SCHOOL FINANCE
PART A. EDUCATION FUNDING
SECTION 1A.01. Subtitle I, Title 2, Education Code, is
amended by adding Chapter 42 to read as follows:
CHAPTER 42. FOUNDATION SCHOOL PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 42.001. STATE POLICY. (a) It is the policy of this
state that the provision of public education is a state
responsibility and that a thorough and efficient system be provided
and substantially financed through state revenue sources so that
each student enrolled in the public school system shall have access
to programs and services that are appropriate to the student's
educational needs and that are substantially equal to those
available to any similar student, notwithstanding varying local
economic factors.
(b) The public school finance system of this state shall
adhere to a standard of neutrality that provides for substantially
equal access to similar revenue per student at similar tax effort,
considering all state and local revenues of districts after
acknowledging all legitimate student and district cost
differences.
Sec. 42.002. PURPOSES OF FOUNDATION SCHOOL PROGRAM. (a)
The purposes of the Foundation School Program set forth in this
chapter are to guarantee that each school district in the state has:
(1) adequate resources to provide each eligible
student an accredited instructional program and facilities
suitable to the student's educational needs; and
(2) access to substantially equalized financing for an
enriched program.
(b) The Foundation School Program consists of:
(1) two tiers that in combination provide for:
(A) sufficient financing for all school
districts to provide an accredited program of education that is
rated academically acceptable or higher under Section 39.072 and
meets other applicable legal standards; and
(B) substantially equal access to funds to
provide an enriched program; and
(2) a facilities component as provided by Chapter 46.
Sec. 42.003. STUDENT ELIGIBILITY. (a) A student is
entitled to the benefits of the Foundation School Program if the
student is five years of age or older and under 21 years of age on
September 1 of the school year and has not graduated from high
school.
(b) A student to whom Subsection (a) does not apply is
entitled to the benefits of the Foundation School Program if the
student is enrolled in a prekindergarten class under Section
29.153.
(c) A child may be enrolled in the first grade if the child
is at least six years of age at the beginning of the school year of
the district or has been enrolled in the first grade or has
completed kindergarten in the public schools in another state
before transferring to a public school in this state.
(d) Notwithstanding Subsection (a), a student younger than
five years of age is entitled to the benefits of the Foundation
School Program if:
(1) the student performs satisfactorily on the
assessment instrument administered under Section 39.023(a) to
students in the third grade; and
(2) the district has adopted a policy for admitting
students younger than five years of age.
Sec. 42.004. ADMINISTRATION OF PROGRAM. (a) The
commissioner shall take such action and require such reports
consistent with this chapter as may be necessary to implement and
administer the Foundation School Program.
(b) The commissioner may adopt rules necessary to implement
and administer the Foundation School Program.
Sec. 42.005. AVERAGE DAILY ATTENDANCE. (a) In this
chapter, average daily attendance is:
(1) the quotient of the sum of attendance for each day
of the minimum number of days of instruction as described under
Section 25.081(a) divided by the minimum number of days of
instruction;
(2) for a district that operates under a flexible year
program under Section 29.0821, the quotient of the sum of
attendance for each actual day of instruction as permitted by
Section 29.0821(b)(1) divided by the number of actual days of
instruction as permitted by Section 29.0821(b)(1); or
(3) for a district that operates under a flexible
school day program under Section 29.0822, the average daily
attendance as calculated by the commissioner in accordance with
Section 29.0822(d).
(b) A school district that experiences a decline of more
than two percent in average daily attendance shall be funded on the
basis of:
(1) the actual average daily attendance of the
preceding school year, if the decline is the result of the closing
or reduction in personnel of a military base; or
(2) an average daily attendance equal to 98 percent of
the actual average daily attendance of the preceding school year,
if the decline is not the result of the closing or reduction in
personnel of a military base.
(c) The commissioner shall adjust the average daily
attendance of a school district that has a significant percentage
of students who are migratory children as defined by 20 U.S.C.
Section 6399.
(d) The commissioner may adjust the average daily
attendance of a school district in which a disaster, flood, extreme
weather condition, fuel curtailment, or other calamity has a
significant effect on the district's attendance.
(e) A public charter district is not entitled to funding
based on an adjustment under Subsection (b).
(f) If a student may receive course credit toward the
student's high school academic requirements and toward the
student's higher education academic requirements for a single
course, the time during which the student attends the course shall
be counted as part of the minimum number of instructional hours
required for a student to be considered a full-time student in
average daily attendance for purposes of this section.
Sec. 42.006. EQUALIZED FUNDING ELEMENTS. (a) The
Legislative Budget Board shall adopt rules, subject to appropriate
notice and opportunity for public comment, for the calculation for
each year of a biennium of the equalized funding elements, in
accordance with Subsection (c), necessary to achieve the state
policy under Section 42.001.
(b) Before each regular session of the legislature, the
board shall, as determined by the board, report the equalized
funding elements to the commissioner and the legislature.
(c) The funding elements must include:
(1) an accreditation allotment amount for the purposes
of Section 42.101 that represents the cost per student of a regular
education program that meets all mandates of law and regulation;
(2) adjustments designed to reflect the variation in
known resource costs and costs of education beyond the control of
school districts;
(3) appropriate program cost differentials and other
funding elements for the programs authorized under Subchapter C,
with the program funding level expressed as total dollar amounts
for each program and the specific dollar amount to be provided for
each eligible student or course for the appropriate year;
(4) the maximum tax rate to be used in determining a
school district's local share under Section 42.306(a);
(5) the maximum district enrichment tax rate for
purposes of Section 42.252; and
(6) the amount to be appropriated for the school
facilities assistance program under Chapter 46.
(d) The board shall conduct a study of the funding elements
each biennium, as appropriate. The study must include a
determination of the projected cost to the state in the next state
fiscal biennium of ensuring the ability of each school district to
comply with all legal mandates and regulations without increasing
district tax rates.
(e) Notwithstanding Subsection (d), the board shall
contract for a comprehensive study of the funding elements. The
board shall report the results of the study to the commissioner and
the legislature not later than December 1, 2008. This subsection
expires January 1, 2009.
(f) The study required by Subsection (e) must include a
component on funding elements relating to special education
programs and services. The special education component must
include a review of the current funding elements relating to
special education programs and services, an analysis of funding
mechanisms used by other states, the solicitation and consideration
of recommendations from persons with expertise in the area of
special education, a review of best practices in the area of special
education, and the development of recommendations for a funding
system that supports success for students with disabilities and
that appropriately recognizes the variance in needs for specialized
services, including related services, without providing fiscal
incentives to improperly identify or fail to identify students who
need special education services. Regardless of the date on which
the report under Subsection (e) is required to be submitted, the
board shall submit a report on the results of the special education
component required by this subsection to the commissioner and the
legislature not later than December 1, 2006. This subsection
expires January 1, 2007.
Sec. 42.007. REFERENCE TO FOUNDATION SCHOOL FUND. A
reference in law to the foundation school fund means the Texas
education fund.
Sec. 42.008. REPORT ON EDUCATION SPENDING. Before each
regular session of the legislature, the Legislative Budget Board
shall submit to the commissioner and the legislature a report that
includes:
(1) a description of the amount of all spending on
primary and secondary education in this state, disaggregated by
federal, state, and local spending and spending by private
entities; and
(2) an analysis of the state's portion of spending.
[Sections 42.009-42.100 reserved for expansion]
SUBCHAPTER B. BASIC PROGRAM
Sec. 42.101. ACCREDITATION ALLOTMENT AND SPECIAL STUDENT
ALLOTMENTS. (a) For each student in average daily attendance, a
school district is entitled to an accreditation allotment of
$4,600.
(b) An accreditation allotment in a greater amount for any
school year may be provided by appropriation.
(c) In addition to the accreditation allotment, a school
district is entitled to special student allotments in the manner
specified under Subchapter C.
[Sections 42.102-42.150 reserved for expansion]
SUBCHAPTER C. SPECIAL STUDENT ALLOTMENTS
Sec. 42.151. SPECIAL EDUCATION ALLOTMENTS. (a) In this
section:
(1) "Full-time equivalent student" means 30 hours of
contact a week between a student and special education program
personnel.
(2) "Special education program" means a program under
Subchapter A, Chapter 29.
(b) For each student in average daily attendance in a
special education program in a mainstream instructional
arrangement, a school district is entitled to an annual allotment
of $4,822.
(c) For each full-time equivalent student in average daily
attendance in a special education program in an instructional
arrangement other than a mainstream instructional arrangement, a
school district is entitled to an annual allotment in the following
amount, based on the student's instructional arrangement:
(1) $17,370, for a student in a homebound
instructional arrangement;
(2) $8,602, for a student in a hospital class
instructional arrangement;
(3) $17,370, for a student in a speech therapy
instructional arrangement;
(4) $8,602, for a student in a resource room
instructional arrangement;
(5) $8,602, for a student in a self-contained, mild
and moderate, regular campus instructional arrangement;
(6) $8,602, for a student in a self-contained, severe,
regular campus instructional arrangement;
(7) $7,287, for a student in an off-home-campus
instructional arrangement;
(8) $2,903, for a student in a nonpublic day school;
(9) $5,533, for a student in a vocational adjustment
class;
(10) $12,986, for a student who resides in a
residential care and treatment facility, other than a state school,
whose parent or guardian does not reside in the district, and who
receives educational services from a local school district; and
(11) $7,726, for a student who resides in a state
school.
(d) For funding purposes, the number of contact hours
credited per day for each special education student in the
off-home-campus instructional arrangement may not exceed the
contact hours credited per day for the multidistrict class
instructional arrangement in the 1992-1993 school year.
(e) For funding purposes, the contact hours credited per day
for each special education student in the resource room;
self-contained, mild and moderate, regular campus; and
self-contained, severe, regular campus instructional arrangements
may not exceed the average of the statewide total contact hours
credited per day for those three instructional arrangements in the
1992-1993 school year.
(f) The commissioner by rule shall prescribe the
qualifications a special education instructional arrangement must
meet in order to be funded as a particular instructional
arrangement under this chapter. In prescribing the qualifications
that a mainstream instructional arrangement must meet, the
commissioner shall require that students with disabilities and
their teachers receive the direct, indirect, and support services
that are necessary to enrich the regular classroom and enable
student success.
(g) The commissioner shall adopt rules and procedures
governing contracts for residential placement of special education
students. The legislature shall provide by appropriation for the
state's share of the costs of those placements.
(h) Funds allocated under this section, other than an
indirect cost allotment established under commissioner rule, must
be used in the special education program under Subchapter A,
Chapter 29.
(i) The agency shall encourage the placement of students in
special education programs, including students in residential
instructional arrangements, in the least restrictive environment
appropriate for students' educational needs.
(j) Each year, the agency shall make and disseminate to each
school district a list of those districts that maintain for two
successive years a ratio of full-time equivalent special education
students placed in partially or totally self-contained classrooms
to the number of full-time equivalent students placed in resource
room or mainstream instructional arrangements that is 25 percent
higher than the statewide average ratio.
(k) A school district that provides an extended year program
required by federal law for special education students who may
regress is entitled to receive, for each full-time equivalent
student in average daily attendance, funds in an amount equal to 75
percent, or a lesser percentage determined by the commissioner, of
the sum of the accreditation allotment and the additional allotment
for the student's instructional arrangement under this section for
each day the program is provided divided by the number of days in
the minimum school year. The total amount of state funding for
extended year services under this subsection may not exceed $10
million per year. A school district may use funds received under
this subsection only in providing an extended year program.
(l) From the total amount of funds appropriated for special
education under this chapter, the commissioner shall withhold an
amount specified in the General Appropriations Act and distribute
that amount to school districts for programs under Section 29.014.
The program established under that section is required only in
school districts in which the program is financed by funds
distributed under this subsection and any other funds available for
the program. After deducting the amount withheld under this
subsection from the total amount appropriated for special
education, the commissioner shall reduce each district's
allocation proportionately.
(m) From the total amount appropriated for purposes of this
section, the commissioner shall set aside an amount necessary to
pay the cost of the study of the funding elements for special
education required by Section 42.006(f). After setting aside funds
under this subsection, the commissioner shall reduce each
district's allotment in the manner provided by Section 42.313(f).
This subsection expires September 1, 2007.
Sec. 42.152. ACCELERATED PROGRAMS ALLOTMENT. (a) A school
district is entitled to an annual allotment for the costs of
providing accelerated programs in an amount determined by the
formula:
APA = F X ADA X PR
where:
"APA" is the amount of the district's allotment;
"ADA" is the district's total number of students in average
daily attendance;
"F" is the funding factor, which is 877, but not less than the
amount equal to 19 percent of the accreditation allotment under
Section 42.101; and
"PR" is the percentage of the district's total number of
students enrolled in prekindergarten through grade level eight who
participate in the national free or reduced-price lunch program as
reported through the Public Education Information Management
System (PEIMS) for the current school year or the percentage
determined in accordance with commissioner rule if the district is
not required to report participation in the national free or
reduced-price lunch program or if no campus in the district with
students enrolled in prekindergarten through grade level eight
participates in the national free or reduced-price lunch program.
(b) The legislature may provide by appropriation for a
greater allotment than the amount prescribed by Subsection (a).
(c) From the total amount of funds appropriated for
allotments under this section, the commissioner may, each fiscal
year:
(1) withhold an amount determined by the commissioner
as appropriate to finance activities under Section 39.024(d); and
(2) withhold an amount not exceeding $1 million each
fiscal year and distribute the funds to school districts that incur
unanticipated expenditures resulting from a significant increase
in the enrollment of students who do not have disabilities and who
reside in residential placement facilities.
(d) From the total amount of funds appropriated for
allotments under this section, the commissioner shall, each fiscal
year:
(1) withhold an amount determined by the commissioner
as appropriate to finance activities under Section 39.024(c);
(2) withhold an amount to be determined by the
commissioner, but not less than $10 million, and distribute that
amount for programs under Section 29.085, giving preference to a
school district that received funds for a program under that
section for the preceding school year;
(3) withhold the amount of $7.5 million, or a greater
amount as determined in the General Appropriations Act, and
distribute that amount for programs under Subchapter A, Chapter 33,
giving preference to a school district that received funds for a
program under that subchapter for the preceding school year;
(4) withhold the amount of $2.5 million for transfer
to the investment capital fund under Section 7.024; and
(5) withhold an amount sufficient to finance extended
year programs under Section 29.082, not to exceed five percent of
the amounts allocated under this section, giving preference to
extended year programs in districts with high concentrations of
educationally disadvantaged students.
(e) After deducting the amounts withheld under Subsections
(c) and (d) from the total amount appropriated for the allotments
under this section, the commissioner shall reduce each district's
allocation proportionately.
(f) Notwithstanding any other provision of law, a district
may use funds allocated under this section to provide Saturday
classes for students in grade levels one through four who fail to
perform satisfactorily on an assessment instrument administered
under Section 39.023. A district may contract with another entity
to provide Saturday classes under this subsection.
Sec. 42.153. TRANSITIONAL PROGRAM ALLOTMENT. (a) For each
student in average daily attendance in a bilingual education or
special language program under Subchapter B, Chapter 29, a district
is entitled to an annual allotment of:
(1) if the student is enrolled below the ninth grade
level, $500, but not less than the amount equal to 10 percent of the
accreditation allotment under Section 42.101; or
(2) if the student is enrolled at or above the ninth
grade level, $1,000, but not less than the amount equal to 21
percent of the accreditation allotment under Section 42.101.
(b) The legislature may provide by appropriation for a
greater allotment than the amounts prescribed by Subsection (a).
Sec. 42.154. CAREER AND TECHNOLOGY EDUCATION ALLOTMENT.
(a) For each student in average daily attendance in an approved
career and technology education program in grades seven through 12,
a district is entitled to an annual allotment of $178 for each
annual credit hour the student is enrolled in the program, or a
greater amount for any school year provided by appropriation. This
subsection shall expire August 31, 2007.
(b) Beginning September 1, 2007, a district is entitled to
an annual allotment of $178, or a greater amount for any school year
provided by appropriation, for each annual credit hour a student in
grades seven through 12 completes in the following career and
technology courses:
(1) advanced technical credit courses as approved by a
statewide advisory leadership committee for statewide
articulation;
(2) courses that lead to professional certification,
licensure, or a degree program; or
(3) courses designed for special education students.
Sec. 42.155. PUBLIC EDUCATION GRANT ALLOTMENT. (a) Except
as provided by Subsection (b), for each student in average daily
attendance who is using a public education grant under Subchapter
G, Chapter 29, to attend school in a district other than the
district in which the student resides, the district in which the
student attends school is entitled to an annual allotment of $250 or
a greater amount for any school year provided by appropriation.
(b) The total number of allotments under this section to
which a school district is entitled may not exceed the number by
which the number of students using public education grants to
attend school in the district exceeds the number of students who
reside in the district and use public education grants to attend
school in another district.
Sec. 42.156. GIFTED AND TALENTED ALLOTMENT. (a) For each
identified student a school district serves in a program for gifted
and talented students that the district certifies to the
commissioner as complying with Subchapter D, Chapter 29, a district
is entitled to an annual allotment of $526, or a greater amount for
any school year provided by appropriation.
(b) Not more than five percent of a district's students in
average daily attendance are eligible for funding under this
section.
(c) After each district has received allotted funds for this
program, the commissioner may use up to $500,000 of the funds
allocated under this section for programs such as MATHCOUNTS,
Future Problem Solving, Odyssey of the Mind, and Academic
Decathlon, as long as these funds are used to train personnel and
provide program services. To be eligible for funding under this
subsection, a program must be determined by the commissioner to
provide services that are effective and consistent with the state
plan for gifted and talented education.
[Sections 42.157-42.170 reserved for expansion]
Sec. 42.171. RESTRICTIONS ON USE OF ALLOTMENTS. (a) Unless
specifically provided otherwise by this code, but subject to
Section 42.172, a school district is not required to use amounts
allotted under this subchapter for the program for which the
amounts were allotted.
(b) Any restriction specifically imposed under this
subchapter on a school district's use of an amount allotted under
this subchapter applies equally to the amount by which the
allotment is adjusted under Section 42.301 or 42.302.
Sec. 42.172. MAINTENANCE OF EFFORT. (a) Notwithstanding
any other provision of this code, but subject to Subsection (b), a
school district may not spend in any school year for a program or
service listed below an amount per student in average daily
attendance that is less than the amount the district spent for that
program or service per student in average daily attendance during
the 2004-2005 school year:
(1) a special education program under Subchapter A,
Chapter 29;
(2) supplemental programs and services designed to
eliminate any disparity in performance on assessment instruments
administered under Subchapter B, Chapter 39, or disparity in the
rates of high school completion between students at risk of
dropping out of school, as defined by Section 29.081, and all other
students;
(3) a bilingual education or special language program
under Subchapter B, Chapter 29;
(4) a career and technology education program in
grades nine through 12 or a career and technology education program
for students with disabilities in grades seven through 12 under
Sections 29.182, 29.183, and 29.184; or
(5) a gifted and talented program under Subchapter D,
Chapter 29.
(b) The commissioner may authorize a school district to
spend less than the amount required by this section if the
commissioner, considering the district's unique circumstances,
determines that the requirement imposes an undue hardship on the
district.
[Sections 42.173-42.200 reserved for expansion]
SUBCHAPTER D. TRANSPORTATION ALLOTMENT
Sec. 42.201. TRANSPORTATION ALLOTMENT. (a) Each school
district or county operating a regular transportation system is
entitled to an allotment of $1.50 per mile for each approved route
mile traveled by the system.
(b) If the amount of an allotment under this section that a
school district or county receives exceeds the district's or
county's cost of operating the transportation system, the district
or county may use the excess funds for any legal purpose.
(c) Subject to Subsection (d), the commissioner shall
reduce each district's or county's allotment under this section
proportionately to the extent necessary to permit the commissioner
to fund:
(1) amounts provided to school districts in accordance
with Section 42.301(d);
(2) the amount by which the adjustments provided to
school districts under Section 42.302(b) exceeds the amount of
adjustments that would be provided under that section using a
factor of .0004;
(3) the amount by which the adjustments provided to
school districts under Section 42.302(c) exceeds the amount of
adjustments that would be provided under that section using a
factor of .00025;
(4) the amount by which the adjustments provided to
school districts under Section 42.302(d) exceeds the amount of
adjustments that would be provided under that section using a
factor of .000025; and
(5) amounts provided to school districts in accordance
with Section 42.302(e).
(d) In prorating allotments under Subsection (c), the
commissioner shall ensure that each district or county receives an
allotment that reflects at least the reimbursement rate provided to
the district or county during the 2004-2005 school year.
[Sections 42.202-42.220 reserved for expansion]
SUBCHAPTER E. NEW INSTRUCTIONAL FACILITY ALLOTMENT
Sec. 42.221. NEW INSTRUCTIONAL FACILITY ALLOTMENT. A
school district is entitled to an additional allotment as provided
by this subchapter for operational expenses associated with opening
a new instructional facility.
Sec. 42.222. DEFINITION. In this subchapter,
"instructional facility" has the meaning assigned by Section
46.001.
Sec. 42.223. ALLOTMENT FOR FIRST YEAR OF OPERATION. For the
first school year in which students attend a new instructional
facility, a school district is entitled to an allotment of $250 for
each student in average daily attendance at the facility or a
greater amount provided by appropriation.
Sec. 42.224. ALLOTMENT FOR SECOND YEAR OF OPERATION. (a)
For the second school year in which students attend a new
instructional facility, a school district is entitled to an
allotment of $250 for each additional student in average daily
attendance at the facility or a greater amount provided by
appropriation.
(b) For purposes of this section, the number of additional
students in average daily attendance at a facility is the
difference between the number of students in average daily
attendance in the current year at that facility and the number of
students in average daily attendance at that facility in the
preceding year.
Sec. 42.225. PRORATION OF ALLOTMENTS. If the total amount
of allotments to which school districts are entitled under this
subchapter for a school year exceeds the amount appropriated for
allotments under this subchapter, the commissioner shall reduce
each district's allotment under this subchapter in the manner
provided by Section 42.313(f).
[Sections 42.226-42.250 reserved for expansion]
[Subchapter F reserved]
SUBCHAPTER G. ENRICHMENT PROGRAM
Sec. 42.251. PURPOSE. The purpose of the enrichment
program component of the Foundation School Program is to provide
each school district with the opportunity to supplement the basic
program at a level of its own choice. An allotment under this
subchapter may be used for any legal purpose other than capital
outlay or debt service.
Sec. 42.252. ALLOTMENT. Each school district is guaranteed
a specified amount per student in state and local funds for each
cent of enrichment tax effort up to the maximum level specified in
this subchapter. The amount of state support, subject only to the
maximum amount under Section 42.253, is determined by the formula:
GYA = (GL X AF X DETR X 100) - LR
where:
"GYA" is the guaranteed amount of state enrichment funds to
be allocated to the district;
"GL" is the dollar amount guaranteed level, which is $33 for
the 2005-2006 school year, $34 for the 2006-2007 school year, and
$38 for the 2007-2008 and subsequent school years, provided that a
greater amount for any school year may be provided by
appropriation;
"AF" is the application factor, which is determined by the
commissioner by dividing the amount of the district's allotments
under Subchapters B and C, as adjusted in accordance with
Subchapter H, divided by the accreditation allotment specified in
Section 42.101 for the applicable year;
"DETR" is the district enrichment tax rate of the school
district, which is the district's adopted maintenance and
operations tax rate minus the maximum rate specified under Section
42.306 or otherwise provided by appropriation for purposes of that
section; and
"LR" is the local revenue, which is determined by multiplying
"DETR" by the quotient of the district's taxable value of property
as determined under Subchapter M, Chapter 403, Government Code,
divided by 100.
Sec. 42.253. DISTRICT ENRICHMENT TAX. (a) The district
enrichment tax rate may not exceed $0.15 per $100 of valuation.
(a-1) Notwithstanding Subsection (a), the district
enrichment tax rate may not exceed:
(1) for the 2005 and 2006 tax years, the rate of $0.05
per $100 of valuation; and
(2) for the 2007 and 2008 tax years, the rate of $0.10
per $100 of valuation.
(b) A school district's enrichment tax rate must be approved
by the voters in accordance with Section 45.003 and Section 26.08,
Tax Code.
(c) Subsection (a-1) and this subsection expire January 1,
2009.
Sec. 42.254. COMPUTATION OF ENRICHMENT AID FOR DISTRICT ON
MILITARY INSTALLATION OR AT STATE SCHOOL. State enrichment
assistance under this subchapter for a school district located on a
federal military installation or at Moody State School is computed
using the average district enrichment tax rate and property value
per student of school districts in the county, as determined by the
commissioner.
[Sections 42.255-42.300 reserved for expansion]
SUBCHAPTER H. ADDITIONAL ADJUSTMENTS; FINANCING THE PROGRAM
Sec. 42.301. COST OF EDUCATION ADJUSTMENT. (a) The amounts
of the accreditation allotments under Subchapter B and each special
student allotment under Subchapter C are adjusted to reflect the
geographic variation in known resource costs and costs of education
due to factors beyond the control of the school district. The
amount of the adjustment is 50 percent of the total amount that
would result from application of the cost of education index
adopted under Subsection (b), or a greater amount for any school
year provided by appropriation.
(b) The Legislative Budget Board shall adopt a cost of
education index based on a statistical analysis conducted on a
revenue neutral basis that is designed to isolate the independent
effects of uncontrollable factors on the compensation that school
districts must pay, including teacher salaries and other benefits.
The analysis must include, at a minimum, variations in teacher
characteristics, teacher work environments, and the economic and
social conditions of the communities in which teachers reside.
(b-1) Notwithstanding Subsection (a), the cost of education
index for purposes of that subsection for the following school
years is determined in the following manner:
(1) for the 2005-2006 school year, the index shall be
computed giving a weight of 25 percent to the teacher fixed effects
index in the 2004 report commissioned by the Joint Select Committee
on Public School Finance of the 78th Legislature and a weight of 75
percent to the index used to determine a school district's
adjustment for the 2004-2005 school year;
(2) for the 2006-2007 school year, the index shall be
computed giving a weight of 50 percent to the teacher fixed effects
index in the 2004 report commissioned by the Joint Select Committee
on Public School Finance of the 78th Legislature and a weight of 50
percent to the index used to determine a school district's
adjustment for the 2004-2005 school year;
(3) for the 2007-2008 school year, the index shall be
computed giving a weight of 75 percent to the teacher fixed effects
index in the 2004 report commissioned by the Joint Select Committee
on Public School Finance of the 78th Legislature and a weight of 25
percent to the index used to determine a school district's
adjustment for the 2004-2005 school year; and
(4) for the 2008-2009 school year, the cost of
education index for purposes of Subsection (a) is the teacher fixed
effects index in the 2004 report commissioned by the Joint Select
Committee on Public School Finance of the 78th Legislature.
(c) The Legislative Budget Board shall biennially update
the cost of education index required by this section. The
Legislative Budget Board shall submit the updated index to the
legislature not later than December 1 of each even-numbered year.
(c-1) The Legislative Budget Board shall submit the initial
update required by Subsection (c) not later than December 1, 2008.
(c-2) Subsections (b-1), (c-1), and this subsection expire
September 1, 2009.
(d) If the index value provided by this section for a school
district is less than the index value used to calculate the cost of
education adjustment for that school district during the previous
school year, the district's adjustment shall be computed using the
index applied during the previous school year.
Sec. 42.302. SMALL AND MID-SIZED DISTRICT ADJUSTMENT. (a)
The amounts of the accreditation allotments under Subchapter B and
each special student allotment under Subchapter C of certain small
and mid-sized school districts are adjusted in accordance with this
section to reflect district costs related to the district's size.
In this section:
(1) "A" is the amount of additional funding to which a
district is entitled based on an adjustment under this section;
(2) "ADA" is the number of students in average daily
attendance for which the district is entitled to an accreditation
allotment under Section 42.101; and
(3) "SA" is the sum of the district's accreditation
allotments under Subchapter B and each special student allotment
under Subchapter C, as adjusted in accordance with Section 42.301.
(b) The sum of the total accreditation allotments and any
special student allotments under Subchapter C of a school district
that contains at least 300 square miles and has not more than 1,600
students in average daily attendance is adjusted by applying the
formula:
A = ((1,600 - ADA) X .000424) X SA
(b-1) Notwithstanding Subsection (b), for the 2005-2006
school year the sum of the total accreditation allotments and any
special student allotments under Subchapter C of a school district
that contains at least 300 square miles and has not more than 1,600
students in average daily attendance is adjusted by applying the
formula:
A = ((1,600 - ADA) X .000416) X SA
(c) The sum of total accreditation allotments and any
special student allotments under Subchapter C of a school district
that contains less than 300 square miles and has not more than 1,600
students in average daily attendance is adjusted by applying the
formula:
A = ((1,600 - ADA) X .000265) X SA
(c-1) Notwithstanding Subsection (c), for the 2005-2006
school year the sum of the total accreditation allotments and any
special student allotments under Subchapter C of a school district
that contains less than 300 square miles and has not more than 1,600
students in average daily attendance is adjusted by applying the
formula:
A = ((1,600 - ADA) X .000260) X SA
(d) The sum of the total accreditation allotments and any
special student allotments under Subchapter C of a school district
that offers a kindergarten through grade 12 program and has less
than 5,000 students in average daily attendance is adjusted by
applying the formula, of the following formulas, that results in
the greatest adjusted allotment:
(1) the formula in Subsection (b) or (c) for which the
district is eligible; or
(2) A = ((5,000 - ADA) X .0000265) X SA
(d-1) Notwithstanding Subsection (d), for the 2005-2006
school year the sum of the total accreditation allotments and any
special student allotments under Subchapter C of a school district
that offers a kindergarten through grade 12 program and has less
than 5,000 students in average daily attendance is adjusted by
applying the formula, of the following formulas, that results in
the greatest adjusted allotment:
(1) the formula in Subsection (b-1) or (c-1) for which
the district is eligible; or
(2) A = ((5,000 - ADA) X .0000260) X SA
(e) In addition to the adjustment otherwise provided by this
section, the commissioner shall, in accordance with rules adopted
by the commissioner, provide an additional adjustment for each
school district that is located in a county with a population of
less than 5,000 and that contains a majority of the territory in the
county. To fund the adjustment provided by this subsection, the
commissioner shall withhold the amount of $3 million each fiscal
year from amounts appropriated for the Foundation School Program.
(f) Subsections (b-1), (c-1), and (d-1) and this subsection
expire September 1, 2006.
Sec. 42.303. SPARSITY ADJUSTMENT. Notwithstanding
Sections 42.101 and 42.302:
(1) a school district that has fewer than 130 students
in average daily attendance is entitled to an adjusted
accreditation allotment on the basis of 130 students in average
daily attendance if the district offers a kindergarten through
grade 12 program and has preceding or current year's average daily
attendance of at least 90 students or is 30 miles or more by bus
route from the nearest high school district;
(2) a school district that offers a kindergarten
through grade eight program and whose preceding or current year's
average daily attendance was or is at least 50 students or that is
30 miles or more by bus route from the nearest high school district
is entitled to an adjusted accreditation allotment on the basis of
75 students in average daily attendance; and
(3) a school district that offers a kindergarten
through grade six program and whose preceding or current year's
average daily attendance was or is at least 40 students or that is
30 miles or more by bus route from the nearest high school district
is entitled to an adjusted accreditation allotment on the basis of
60 students in average daily attendance.
Sec. 42.304. FINANCING: GENERAL RULE. (a) The sum of the
accreditation allotments under Subchapter B and the additional
allotments under Subchapters C, D, and E, as adjusted in accordance
with this subchapter, constitutes the tier one allotments. The sum
of the tier one allotments and the enrichment program allotments
under Subchapter G constitutes the total cost of the Foundation
School Program.
(b) The program shall be financed by:
(1) state funds appropriated for the purposes of
public school education;
(2) ad valorem tax revenue generated by an equalized
uniform school district effort;
(3) ad valorem tax revenue generated by local school
district effort for an enrichment program in accordance with
Subchapter G; and
(4) state available school funds distributed in
accordance with law.
Sec. 42.305. ADDITIONAL STATE AID FOR AD VALOREM TAX
CREDITS UNDER TEXAS ECONOMIC DEVELOPMENT ACT. For each school
year, a school district, including a school district that is
otherwise ineligible for state aid under this chapter, is entitled
to state aid in an amount equal to the amount of all tax credits
credited against ad valorem taxes of the district in that year under
Subchapter D, Chapter 313, Tax Code.
Sec. 42.3051. USE OF REVENUE FOR PROFESSIONAL STAFF
COMPENSATION; ADDITIONAL STATE AID. (a) A school district shall
use at least 50 percent of all state and local maintenance and
operations revenue to provide compensation to classroom teachers,
full-time librarians, full-time counselors certified under
Subchapter B, Chapter 21, and full-time school nurses. For
purposes of this subsection, "compensation" includes salary,
benefits, incentive payments, and other costs associated with
professional staff compensation, as specified by commissioner
rule.
(b) For the 2005-2006 school year, a school district shall
ensure that average salaries provided to individuals listed in
Subsection (a) are increased by the greater of:
(1) $2,000 per year; or
(2) the average amount that can be provided using 44
percent of the amount by which the district's maintenance and
operations revenue for the 2005-2006 school year exceeds the amount
of the district's maintenance and operations revenue for the
2004-2005 school year, not to exceed $3,000 per year.
(c) A school district that paid employees an additional
amount during each of the 2003-2004 and 2004-2005 school years to
compensate for reductions made in the health coverage or
compensation supplementation provided by former Article 3.50-8,
Insurance Code, may apply to the commissioner for authority to
provide a lesser average salary increase than the amount otherwise
required by Subsection (b), to the extent equitable considering the
additional amount provided by the district during the 2003-2004 and
2004-2005 school years.
(d) A school district, including a school district that is
otherwise ineligible for state aid under this chapter, is entitled
to state aid in an amount, as determined by the commissioner, equal
to the difference, if any, between:
(1) an amount equal to the product of $2,000
multiplied by the number of classroom teachers, full-time
librarians, full-time counselors certified under Subchapter B,
Chapter 21, and full-time school nurses employed by the district
and entitled to a minimum salary under Section 21.402; and
(2) the amount of additional funds to which the
district is entitled as a result of H.B. No. 2, Acts of the 79th
Legislature, 1st Called Session, 2005.
(e) A determination by the commissioner under this section
is final and may not be appealed.
(f) The commissioner shall adopt rules to implement this
section.
Sec. 42.3052. CRISIS INTERVENTION FUNDING. (a) To the
extent consistent with this section, the commissioner may set aside
funds appropriated to the agency for purposes of the Foundation
School Program to provide temporary emergency assistance to a
school district responding to flood, extreme weather conditions,
fuel curtailment, severe financial crisis, or other crisis or
disaster, as determined appropriate by the commissioner.
(b) Before setting aside funds under this section, the
commissioner shall notify the Legislative Budget Board and the
governor.
(c) The commissioner may not set aside funds under this
section if doing so would require proration of Foundation School
Program entitlements under this chapter.
Sec. 42.306. LOCAL SHARE OF PROGRAM COST (TIER ONE). (a)
Each school district's share of the Foundation School Program is
determined by the following formula:
LS = TR X DPV
where:
"LS" is the school district's local share;
"TR" is a tax rate which for each hundred dollars of valuation
is an adopted tax rate of $1.10, or a lesser rate for any school year
provided by appropriation; and
"DPV" is the taxable value of property in the school district
for the preceding tax year as determined under Subchapter M,
Chapter 403, Government Code.
(a-1) Notwithstanding Subsection (a), for the 2005-2006
school year, the adopted tax rate referenced in that subsection is
$1.15, or a lesser rate provided by appropriation.
(b) The commissioner shall adjust the values reported in the
official report of the comptroller as required by Section 403.302,
Government Code, to reflect reductions in taxable value of property
resulting from natural or economic disaster after January 1 in the
year in which the valuations are determined. The decision of the
commissioner is final. An adjustment does not affect the local
share of any other school district.
(c) A school district with a tax rate ("TR") of $1.10 or the
rate otherwise provided by appropriation for purposes of Subsection
(a) is eligible to receive the full amount of the tier one allotment
to which the district is entitled under this chapter.
(c-1) Notwithstanding Subsection (c), for the 2005-2006
school year, a school district with a tax rate ("TR") of $1.15 or
the rate otherwise provided by appropriation for purposes of
Subsection (a-1) is eligible to receive the full amount of the tier
one allotment to which the district is entitled under this chapter.
(d) If a school district's tax rate ("TR") is less than
$1.10 or the rate otherwise provided by appropriation for purposes
of Subsection (a), the district's tier one allotment is adjusted by
a percentage determined by dividing the district's tax rate ("TR")
by $1.10 or the rate otherwise provided by appropriation for
purposes of Subsection (a) and multiplying the resulting quotient
by 100. The commissioner shall determine the amount of the tier one
allotment to which a district is entitled under this subsection.
The commissioner's determination is final and may not be appealed.
(d-1) Notwithstanding Subsection (d), for the 2005-2006
school year, if a school district's tax rate ("TR") is less than
$1.15 or the rate otherwise provided by appropriation for purposes
of Subsection (a-1), the district's tier one allotment is adjusted
by a percentage determined by dividing the district's tax rate
("TR") by $1.15 or the rate otherwise provided by appropriation for
purposes of Subsection (a-1) and multiplying the resulting quotient
by 100. The commissioner shall determine the amount of the tier one
allotment to which a district is entitled under this subsection.
The commissioner's determination is final and may not be appealed.
(e) In implementing any provision of this title that refers
to a school district's tier one allotment, the tier one allotment of
a district described by Subsection (d) is the proportionate amount
provided by that subsection.
(e-1) Notwithstanding Subsection (e), for the 2005-2006
school year, in implementing any provision of this title that
refers to a school district's tier one allotment, the tier one
allotment of a district described by Subsection (d-1) is the
proportionate amount provided by that subsection.
(e-2) Subsections (a-1), (c-1), (d-1), (e-1), and this
subsection expire September 1, 2006.
Sec. 42.307. ADJUSTMENT FOR RAPID DECLINE IN TAXABLE VALUE
OF PROPERTY. (a) For purposes of Chapter 46 and this chapter, and
to the extent money specifically authorized to be used under this
section is available, the commissioner shall adjust the taxable
value of property in a school district that, due to factors beyond
the control of the board of trustees, experiences a rapid decline in
the tax base used in computing taxable values in excess of four
percent of the tax base used in the preceding year.
(b) To the extent that a sufficient amount of money is not
available to fund all adjustments under this section, the
commissioner shall reduce adjustments in the manner provided by
Section 42.313(f) so that the total amount of adjustments equals
the amount of money available to fund the adjustments.
(c) A decision of the commissioner under this section is
final and may not be appealed.
Sec. 42.308. ADJUSTMENT FOR OPTIONAL HOMESTEAD EXEMPTION.
(a) In any school year, the commissioner may not provide funding
under this chapter based on a school district's taxable value of
property computed in accordance with Section 403.302(d)(2),
Government Code, unless:
(1) funds are specifically appropriated for purposes
of this section; or
(2) the commissioner determines that the total amount
of state funds appropriated for purposes of the Foundation School
Program for the school year exceeds the amount of state funds
distributed to school districts in accordance with Section 42.313
based on the taxable values of property in school districts
computed in accordance with Section 403.302(d), Government Code,
without any deduction for residence homestead exemptions granted
under Section 11.13(n), Tax Code.
(b) In making a determination under Subsection (a)(2), the
commissioner shall:
(1) notwithstanding Section 42.313(b), reduce the
entitlement under this chapter of a school district whose final
taxable value of property is higher than the estimate under Section
42.314 and make payments to school districts accordingly; and
(2) give priority to school districts that, due to
factors beyond the control of the board of trustees, experience a
rapid decline in the tax base used in calculating taxable values in
excess of four percent of the tax base used in the preceding year.
(c) In the first year of a state fiscal biennium, before
providing funding as provided by Subsection (a)(2), the
commissioner shall ensure that sufficient appropriated funds for
purposes of the Foundation School Program are available for the
second year of the biennium, including funds to be used for purposes
of Section 42.307.
(d) If the commissioner determines that the amount of funds
available under Subsection (a)(1) or (2) does not at least equal the
total amount of state funding to which districts would be entitled
if state funding under this chapter were based on the taxable values
of property in school districts computed in accordance with Section
403.302(d)(2), Government Code, the commissioner may, to the extent
necessary, provide state funding based on a uniform lesser fraction
of the deduction under Section 403.302(d)(2), Government Code.
(e) The commissioner shall notify school districts as soon
as practicable as to the availability of funds under this section.
For purposes of computing a rollback tax rate under Section 26.08,
Tax Code, a district shall adjust the district's tax rate limit to
reflect assistance received under this section.
Sec. 42.3081. ADJUSTMENT FOR UNPAID TAXES OF MAJOR
TAXPAYER. (a) The commissioner shall make adjustments as provided
by this section to a school district's taxable value of property for
purposes of this chapter and Chapter 46.
(b) A school district that has a major taxpayer, as
determined by the commissioner, that because of a protest of the
valuation of the taxpayer's property fails to pay all or a portion
of the ad valorem taxes due to the district may apply to the
commissioner for an adjustment under this section.
(c) The commissioner shall recover the benefit of any
adjustment made under this section by making offsetting adjustments
in the school district's taxable value of property for purposes of
this chapter or Chapter 46 on a final determination of the taxable
value of property that was the basis of the original adjustment, or
in the second school year following the year in which the adjustment
is made, whichever is earlier.
(d) A determination by the commissioner under this section
is final and may not be appealed.
Sec. 42.309. ADJUSTED PROPERTY VALUE FOR DISTRICTS NOT
OFFERING ALL GRADE LEVELS. For purposes of this chapter, the
taxable value of property of a school district that contracts for
students residing in the district to be educated in another
district under Section 25.039(a) is adjusted by applying the
formula:
ADPV = DPV - (TN/MTR)
where:
"ADPV" is the district's adjusted taxable value of property;
"DPV" is the taxable value of property in the district for the
preceding tax year determined under Subchapter M, Chapter 403,
Government Code;
"TN" is the total amount of tuition required to be paid by the
district under Section 25.039 for the school year for which the
adjustment is made, not to exceed the amount specified by
commissioner rule under Section 25.039(b); and
"MTR" is the maximum maintenance tax rate permitted under
Section 45.003, expressed as a rate to be applied to the total
valuation of taxable property.
Sec. 42.310. EFFECT OF APPRAISAL APPEAL. (a) If the final
determination of an appeal under Chapter 42, Tax Code, results in a
reduction in the taxable value of property that exceeds five
percent of the total taxable value of property in the school
district for the same tax year determined under Subchapter M,
Chapter 403, Government Code, the commissioner shall request the
comptroller to adjust its taxable property value findings for that
year consistent with the final determination of the appraisal
appeal.
(b) If the district would have received a greater amount
from the Texas education fund for the applicable school year using
the adjusted value, the commissioner shall add the difference to
subsequent distributions to the district from the Texas education
fund. An adjustment does not affect the local share of any other
district.
Sec. 42.311. ADDITIONAL TRANSITIONAL AID. (a)
Notwithstanding any other provision of this subtitle, and provided
that a school district imposes a tax at a minimum rate specified by
the commissioner, a school district is entitled to the amount of
state revenue necessary to maintain state and local revenue per
student in average daily attendance in the amount equal to the sum
of:
(1) the amount of state and local revenue per student
in average daily attendance for the maintenance and operation of
the district to which the district would have been entitled for the
2005-2006 school year under Chapter 42, as that chapter existed on
January 1, 2005, or, if the district would have been subject to
Chapter 41, as that chapter existed on January 1, 2005, the amount
to which the district would have been entitled under that chapter,
based on the funding elements in effect for the 2004-2005 school
year, and including:
(A) any amounts described by Rider 82, page
III-23, Chapter 1330, Acts of the 78th Legislature, Regular
Session, 2003 (the General Appropriations Act);
(B) the portion of any profit the district
received during the 2004-2005 school year as a result of an
agreement under Subchapter E, Chapter 41, that exceeds the amount
of state and local revenue that would have been available to the
district during that school year if the district imposed a
maintenance and operations tax of $1.50 per $100 of valuation
during that school year;
(C) any amount necessary to reflect an adjustment
made by the commissioner under Section 42.307; and
(D) any amount necessary to reflect an adjustment
made by the commissioner under Section 42.3081; and
(2) an amount equal to three percent of the amount
described by Subdivision (1).
(b) The amount of revenue to which a school district is
entitled because of the instructional materials and technology
allotment under Section 32.005 is not included in making a
determination under Subsection (a).
(c) The commissioner shall determine the minimum tax rate
for a school district under Subsection (a) on the basis of the tax
rate adopted by the district for maintenance and operations for the
2004-2005 school year.
(d) The commissioner shall determine the amount of state
funds to which a school district is entitled under this section. The
commissioner's determination is final and may not be appealed.
(e) Any amount to which a school district is entitled under
Subchapter G is not included in determining the amount to which the
district is entitled under this section.
Sec. 42.3111. IMPLEMENTATION OF REVENUE MAINTENANCE
PROVISIONS FOR DISTRICTS UNDER COUNTYWIDE EQUALIZATION SYSTEM. (a)
This section applies only to a school district that receives local
property tax revenue from a countywide equalization tax imposed in
accordance with former Chapter 18 and authorized by Section 11.301.
(b) In implementing any provision of this chapter that
entitles a school district to maintain the amount of state and local
revenue per student in average daily attendance that would have
been available to the district using the funding elements under
Chapters 41 and 42 in effect during the 2004-2005 school year, the
commissioner shall consider the tax rate of each district receiving
revenue from a countywide equalization tax to be the sum of the
equalization tax rate and the rate imposed by the district.
Sec. 42.312. TEMPORARY LIMITATIONS ON AID. (a)
Notwithstanding any other provision of this subtitle, but subject
to Subsection (e), the commissioner shall withhold from a school
district the amount of state funds necessary to ensure that the
district does not receive an amount of state and local revenue per
student in average daily attendance that is greater than the
following percentage of the amount described by Section 42.311(a):
(1) 108 percent for the 2005-2006 school year;
(2) 116 percent for the 2006-2007 school year; and
(3) 124 percent for the 2007-2008 school year.
(b) The commissioner shall determine the amount of state
funds required to be withheld under this section. The
commissioner's determination is final and may not be appealed.
(c) Any amount to which a school district is entitled under
Subchapter G is not included in determining the amount that the
district may receive under this section.
(d) Section 42.311(b) applies to any determinations made
under this section.
(e) If the amount to which a school district is entitled
under Section 42.311 exceeds the amount to which the district is
entitled under this section, the district is entitled to the
greater amount.
(f) This section expires September 1, 2008.
Sec. 42.313. DISTRIBUTION OF TEXAS EDUCATION FUND. (a) For
each school year the commissioner shall determine:
(1) the amount of money to which a school district is
entitled under Subchapters B, C, D, and E, as adjusted in accordance
with this subchapter;
(2) the amount of money to which a school district is
entitled under Subchapter G;
(3) the amount of money allocated to a school district
from the available school fund;
(4) the amount of a school district's tier one local
share under Section 42.306; and
(5) the amount of a school district's enrichment
program local revenue under Section 42.252.
(b) Except as provided by this subsection, the commissioner
shall base the determinations under Subsection (a) on the estimates
provided to the legislature under Section 42.314 for each school
district for each school year. The General Appropriations Act may
provide alternate estimates of tax rates or total taxable value of
property for each school district for each school year, in which
case those estimates shall be used in making the determinations
under Subsection (a). The commissioner shall reduce the
entitlement of each district that has a final taxable value of
property for the second year of a state fiscal biennium that is
higher than the estimate under Section 42.314 or the General
Appropriations Act, as applicable. A reduction under this
subsection may not reduce the district's entitlement below the
amount to which it is entitled at its actual taxable value of
property.
(c) Each school district is entitled to an amount equal to
the difference for that district between the sum of Subsections
(a)(1) and (a)(2) and the sum of Subsections (a)(3), (a)(4), and
(a)(5).
(d) The commissioner shall approve warrants to each school
district equaling the amount of its entitlement, except as provided
by this section. Warrants for all money expended according to this
chapter shall be approved and transmitted to treasurers or
depositories of school districts in the same manner as warrants for
state available fund payments are transmitted. The total amount of
the warrants issued under this section may not exceed the total
amount appropriated for Foundation School Program purposes for that
fiscal year.
(e) If a school district demonstrates to the satisfaction of
the commissioner that the estimate of the district's tax rate,
student enrollment, or taxable value of property used in
determining the amount of state funds to which the district is
entitled are so inaccurate as to result in undue financial hardship
to the district, the commissioner may adjust funding to that
district in that school year to the extent that funds are available
for that year.
(f) If the total amount appropriated for a year is less than
the amount of money to which school districts are entitled for that
year, the commissioner shall reduce the total amount of funds
allocated to each district proportionately. The following fiscal
year, a district's entitlement under this section is increased by
an amount equal to the reduction made under this subsection.
(g) Not later than March 1 of each year, the commissioner
shall determine the actual amount of state funds to which each
school district is entitled under this chapter for the current
school year and shall compare that amount with the amount of the
warrants issued to each district for that year. If the amount of
the warrants differs from the amount to which a district is entitled
because of variations in the district's tax rate, student
enrollment, or taxable value of property, the commissioner shall
adjust the district's entitlement for the next fiscal year
accordingly.
(g-1) Not later than March 1 of each even-numbered year, the
commissioner shall identify each school district in which the
actual student enrollment for the current school year is at least
three percent higher or lower than the estimate of student
enrollment used to determine the amount of warrants issued to the
district for that year. Subject to available funding, the
commissioner shall adjust the district's entitlement for the next
fiscal year so that the district receives, during that year,
warrants in the amount to which the district would be entitled on
the basis of a student enrollment that is three percent higher or
lower, as applicable, than the estimate of student enrollment
otherwise used to determine the district's entitlement. To the
extent that money is available in the second year of a state fiscal
biennium for adjustments under Subsection (g) and this subsection,
the commissioner shall give priority to adjustments under this
subsection.
(h) The legislature may appropriate funds necessary for
increases under Subsection (g) or (g-1) from funds that the
comptroller, at any time during the fiscal year, finds are
available.
(i) The commissioner shall compute for each school district
the total amount by which the district's allocation of state funds
is increased or reduced under Subsection (g) or (g-1) and shall
certify that amount to the district.
(j) Notwithstanding any other provision of this chapter,
the commissioner may adjust the amount of funds allocated to a
school district under this chapter for a school year if the district
collects less than 96 percent of the maintenance and operations
taxes, including delinquent taxes, levied by the district during
that school year.
Sec. 42.314. ESTIMATES REQUIRED. (a) Not later than
October 1 of each even-numbered year:
(1) the agency shall submit to the legislature an
estimate of the tax rate and student enrollment of each school
district for the following biennium; and
(2) the comptroller shall submit to the legislature an
estimate of the total taxable value of all property in the state as
determined under Subchapter M, Chapter 403, Government Code, for
the following biennium.
(b) The agency and the comptroller shall update the
information provided to the legislature under Subsection (a) not
later than March 1 of each odd-numbered year.
(c) For purposes of this section, the agency shall use the
estimate of student enrollment provided by the school district,
unless the agency's review of the estimate indicates that it is
inaccurate. The commissioner shall adopt criteria for use by the
agency in reviewing a district's estimate and shall develop
procedures to be used to resolve significant differences between
the district's estimate and any revised estimate proposed by the
agency. The procedures must provide a district with an opportunity
to demonstrate the basis of the district's estimate.
Sec. 42.315. FALSIFICATION OF RECORDS; REPORT. When, in
the opinion of the agency's director of school audits, audits or
reviews of accounting, enrollment, or other records of a school
district reveal deliberate falsification of the records, or
violation of the provisions of this chapter, through which the
district's share of state funds allocated under the authority of
this chapter would be, or has been, illegally increased, the
director shall promptly and fully report the fact to the State Board
of Education, the state auditor, and the appropriate county
attorney, district attorney, or criminal district attorney.
Sec. 42.316. PAYMENTS FROM TEXAS EDUCATION FUND. (a) In
this section:
(1) "Category 1 school district" means a school
district having a wealth per student of less than one-half of the
statewide average wealth per student.
(2) "Category 2 school district" means a school
district having a wealth per student of at least one-half of the
statewide average wealth per student but not more than the
statewide average wealth per student.
(3) "Category 3 school district" means a school
district having a wealth per student of more than the statewide
average wealth per student.
(4) "Wealth per student" means the taxable property
values reported by the comptroller to the commissioner under
Section 42.306 divided by the number of students in average daily
attendance.
(b) Payments from the Texas education fund to each category
1 school district shall be made as follows:
(1) 15 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of September of a fiscal year;
(2) 80 percent of the yearly entitlement of the
district shall be paid in eight equal installments to be made on or
before the 25th day of October, November, December, January, March,
May, June, and July; and
(3) five percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of February.
(c) Payments from the Texas education fund to each category
2 school district shall be made as follows:
(1) 22 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of September of a fiscal year;
(2) 18 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of October;
(3) 9.5 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of November;
(4) 7.5 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of April;
(5) five percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of May;
(6) 10 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of June;
(7) 13 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of July; and
(8) 15 percent of the yearly entitlement of the
district shall be paid in an installment to be made after the fifth
day of September and not later than the 10th day of September of the
calendar year following the calendar year of the payment made under
Subdivision (1).
(d) Payments from the Texas education fund to each category
3 school district shall be made as follows:
(1) 45 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of September of a fiscal year;
(2) 35 percent of the yearly entitlement of the
district shall be paid in an installment to be made on or before the
25th day of October; and
(3) 20 percent of the yearly entitlement of the
district shall be paid in an installment to be made after the fifth
day of September and not later than the 10th day of September of the
calendar year following the calendar year of the payment made under
Subdivision (1).
(e) The amount of any installment required by this section
may be modified to provide a school district with the proper amount
to which the district may be entitled by law and to correct errors
in the allocation or distribution of funds. If an installment under
this section is required to be equal to other installments, the
amount of other installments may be adjusted to provide for that
equality.
(f) Except as provided by Subsection (c)(8) or (d)(3), any
previously unpaid additional funds from prior years owed to a
district shall be paid to the district together with the September
payment of the current year entitlement.
Sec. 42.317. RECOVERY OF OVERALLOCATED FUNDS. (a) If a
school district has received an overallocation of state funds, the
agency shall, by withholding from subsequent allocations of state
funds or by requesting and obtaining a refund, recover from the
district an amount equal to the overallocation.
(b) If a district fails to comply with a request for a refund
under Subsection (a), the agency shall certify to the comptroller
that the amount constitutes a debt for purposes of Section 403.055,
Government Code. The agency shall provide to the comptroller the
amount of the overallocation and any other information required by
the comptroller. The comptroller may certify the amount of the debt
to the attorney general for collection.
(c) Any amounts recovered under this section shall be
deposited in the Texas education fund.
[Sections 42.318-42.400 reserved for expansion]
SUBCHAPTER I. ADDITIONAL EQUALIZATION
Sec. 42.401. DISTRICTS SUBJECT TO ADDITIONAL EQUALIZATION.
(a) Except as provided by Subsection (b), a school district in
which the district's local share under Section 42.306 exceeds the
district's tier one allotment under Section 42.304 shall be
consolidated by the commissioner under Subchapter H, Chapter 41.
(b) As an alternative to consolidation under Subchapter H,
Chapter 41, a school district described by Subsection (a) may elect
to purchase average daily attendance credit in the manner provided
by Subchapter D, Chapter 41.
SECTION 1A.02. Section 30.003, Education Code, is amended
by adding Subsection (f-1) to read as follows:
(f-1) The commissioner shall determine the total amount
that the Texas School for the Blind and Visually Impaired and the
Texas School for the Deaf would have received from school districts
pursuant to this section if _.B. No. __, Acts of the 79th
Legislature, 1st Called Session, 2005, had not reduced the
districts' share of the cost of providing education services. That
amount, minus any amount the schools do receive from school
districts, shall be set aside as a separate account in the
foundation school fund and appropriated to those schools for
educational purposes.
SECTION 1A.03. The heading to Chapter 41, Education Code,
is amended to read as follows:
CHAPTER 41. EQUALIZATION ACTIONS [EQUALIZED WEALTH LEVEL]
SECTION 1A.04. Section 41.004, Education Code, is amended
to read as follows:
Sec. 41.004. ANNUAL REVIEW OF EQUALIZATION [PROPERTY
WEALTH]. (a) Not later than July 15 of each year, using the
estimate of enrollment under Section 42.314 [42.254], the
commissioner shall review the local share and tier one allotment
[wealth per student] of each school district [districts] in the
state and shall notify:
(1) each district subject to commissioner action under
Section 42.401 [with wealth per student exceeding the equalized
wealth level]; and
(2) [each district to which the commissioner proposes
to annex property detached from a district notified under
Subdivision (1), if necessary, under Subchapter G; and
[(3)] each district to which the commissioner proposes
to consolidate a district notified under Subdivision (1), if
necessary, under Subchapter H.
(b) If, before the dates provided by this subsection, a
district notified under Subsection (a)(1) has not purchased average
daily attendance credit as provided by Subchapter D [successfully
exercised one or more options under Section 41.003 that reduce the
district's wealth per student to a level equal to or less than the
equalized wealth level], the commissioner [shall order the
detachment of property from that district as provided by Subchapter
G. If that detachment will not reduce the district's wealth per
student to a level equal to or less than the equalized wealth level,
the commissioner may not detach property under Subchapter G but]
shall order the consolidation of the district with one or more other
districts as provided by Subchapter H. [An agreement under Section
41.003(1) or (2) must be executed not later than September 1
immediately following the notice under Subsection (a).] An
election to authorize the purchase of average daily attendance
credit as provided by Subchapter D [for an option under Section
41.003(3), (4), or (5)] must be ordered before September 1
immediately following the notice under Subsection (a).
(c) A district notified under Subsection (a) may not adopt a
tax rate for the tax year in which the district receives the notice
until the commissioner certifies that the district has entered into
an agreement under Subchapter D to purchase average daily
attendance credit [achieved the equalized wealth level].
(d) A [detachment and annexation or] consolidation under
this chapter:
(1) is effective for Foundation School Program funding
purposes for the school year that begins in the calendar year in
which the [detachment and annexation or] consolidation is [agreed
to or] ordered; and
(2) applies to the ad valorem taxation of property
beginning with the tax year in which the [agreement or] order is
effective.
SECTION 1A.05. Section 41.006(a), Education Code, is
amended to read as follows:
(a) The commissioner may adopt rules necessary for the
implementation of this chapter. The rules may provide for the
commissioner to make necessary adjustments to the provisions of
Chapter 42, including providing for the commissioner to make an
adjustment in the funding element established by Section 42.252
[42.302], at the earliest date practicable, to the amount the
commissioner believes, taking into consideration options exercised
by school districts under Section 42.401 [this chapter] and
estimates of student enrollments, will match appropriation levels.
SECTION 1A.06. Section 41.008(a), Education Code, is
amended to read as follows:
(a) The governing board of a school district that results
from consolidation under this chapter[, including a consolidated
taxing district under Subchapter F,] for the tax year in which the
consolidation occurs may determine whether to adopt a homestead
exemption provided by Section 11.13, Tax Code, and may set the
amount of the exemption, if adopted, at any time before the school
district adopts a tax rate for that tax year. This section applies
only to an exemption that the governing board of a school district
is authorized to adopt or change in amount under Section 11.13, Tax
Code.
SECTION 1A.07. Section 41.009(a), Education Code, is
amended to read as follows:
(a) A tax abatement agreement executed by a school district
that is involved in consolidation [or in detachment and annexation
of territory] under this chapter is not affected and applies to the
taxation of the property covered by the agreement as if executed by
the district within which the property is included.
SECTION 1A.08. Section 41.010, Education Code, is amended
to read as follows:
Sec. 41.010. TAX INCREMENT OBLIGATIONS. The payment of tax
increments under Chapter 311, Tax Code, is not affected by the
consolidation of territory [or tax bases or by annexation] under
this chapter. In each tax year a school district paying a tax
increment from taxes on property over which the district has
assumed taxing power is entitled to retain the same percentage of
the tax increment from that property that the district in which the
property was located before the consolidation [or annexation] could
have retained for the respective tax year.
SECTION 1A.09. Section 41.013(a), Education Code, is
amended to read as follows:
(a) A [Except as provided by Subchapter G, a] decision of
the commissioner under this chapter is appealable under Section
7.057.
SECTION 1A.10. Section 41.091, Education Code, is amended
to read as follows:
Sec. 41.091. AGREEMENT. (a) "Wealth per student" means the
taxable value of property in a school district, as determined under
Subchapter M, Chapter 403, Government Code, divided by the quotient
of the district's allotments under Subchapters B and C, Chapter 42,
as adjusted in accordance with Subchapter H, Chapter 42, divided by
the accreditation allotment specified in Section 42.101 for the
applicable year.
(b) A school district subject to Section 42.401 [with a
wealth per student that exceeds the equalized wealth level] may
execute an agreement with the commissioner to purchase attendance
credits in an amount equal to the lesser of:
(1) the difference between the district's local share
under Section 42.306 and the district's tier one allotment under
Section 42.304; or
(2) the amount equal to a percentage, as determined
under Subsection (c), of the maintenance and operations tax revenue
used in determining the district's local share under Section
42.306.
(c) The percentage under Subsection (b)(2) is an amount such
that, when added to the percentile in wealth per student that is
represented by the guaranteed level ("GL") under Section 42.252,
equals the 125th percentile in wealth per student.
(d) Not later than March 1 of each year, the commissioner
shall make an initial determination of the percentage under
Subsection (b)(2) for the following school year, based on the
preliminary taxable values of property certified by the comptroller
under Section 403.302(g), Government Code, and the estimates of
student attendance in the General Appropriations Act. Not later
than July 15 of each year, the commissioner shall make a final
determination of the percentage that reflects the final taxable
values of property certified by the comptroller under Subchapter M,
Chapter 403, Government Code. The commissioner's determination of
a final amount under this subsection may not be appealed.
(e) Notwithstanding Subsection (b), for the 2005-2006,
2006-2007, and 2007-2008 school years, the amount of attendance
credits required to be purchased is equal to the greater of:
(1) the amount required under Subsection (b); or
(2) the amount equal to the percentage of the
district's total maintenance and operations tax revenue that
permits the district to retain the maximum revenue allowed under
Section 42.312 for the applicable school year.
(f) Subsection (e) and this subsection expire September 1,
2008. [sufficient, in combination with any other actions taken
under this chapter, to reduce the district's wealth per student to a
level that is equal to or less than the equalized wealth level.]
SECTION 1A.11. Section 41.093(a), Education Code, is
amended to read as follows:
(a) The cost of each credit is an amount equal to the greater
of:
(1) the amount of the district's maintenance and
operations tax revenue per student in [weighted] average daily
attendance for the school year for which the contract is executed;
or
(2) the amount of the statewide district average of
maintenance and operations tax revenue per student in [weighted]
average daily attendance for the school year preceding the school
year for which the contract is executed.
SECTION 1A.12. Section 41.251, Education Code, is amended
to read as follows:
Sec. 41.251. COMMISSIONER ORDER. If the commissioner is
required under Section 42.401 [41.004] to order the consolidation
of districts, the consolidation is governed by this subchapter.
The commissioner's order shall be effective on a date determined by
the commissioner, but not later than the earliest practicable date
after November 8.
SECTION 1A.13. Section 41.252, Education Code, is amended
by amending Subsections (a) and (c) and adding Subsection (d) to
read as follows:
(a) In selecting the districts to be consolidated with a
district subject to Section 42.401 [that has a property wealth
greater than the equalized wealth level], the commissioner shall
select one or more districts with a local share under Section 42.306
[wealth per student] that, when consolidated, will result in a
consolidated district that is not subject to Section 42.401 [with a
wealth per student equal to or less than the equalized wealth
level]. In achieving that result, the commissioner shall give
priority to school districts in the following order:
(1) first, to the contiguous district that has the
lowest local share percentage [wealth per student] and is located
in the same county;
(2) second, to the district that has the lowest local
share percentage [wealth per student] and is located in the same
county;
(3) third, to a contiguous district not subject to
Section 42.401 [with a property wealth below the equalized wealth
level] that has requested the commissioner to consider [that] it
for inclusion [be considered] in a consolidation plan;
(4) fourth, to include as few districts as possible
that are not subject to Section 42.401 and [fall below the equalized
wealth level within the consolidation order that] have not
requested the commissioner to be included in a consolidation plan;
(5) fifth, to the district that has the lowest local
share percentage [wealth per student] and is located in the same
regional education service center area; and
(6) sixth, to a district that has a tax rate similar to
that of the district subject to Section 42.401 [that has a property
wealth greater than the equalized wealth level].
(c) In applying the selection criteria specified by
Subsection (a), if more than two districts are to be consolidated,
the commissioner shall select the third and each subsequent
district to be consolidated by treating the district subject to
Section 42.401 [that has a property wealth greater than the
equalized wealth level] and the district or districts previously
selected for consolidation as one district.
(d) In this section, "local share percentage" means a
percentage determined by dividing a school district's local share
under Section 42.306 by the district's tier one allotment under
Section 42.304.
SECTION 1A.14. Section 41.257, Education Code, is amended
to read as follows:
Sec. 41.257. APPLICATION OF SMALL AND SPARSE ADJUSTMENTS
AND TRANSPORTATION ALLOTMENT. The budget of the consolidated
district must apply the benefit of the adjustment or allotment to
the schools of the consolidating district to which Section 42.302,
42.303, or Subchapter D, Chapter 42, [42.103, 42.105, or 42.155]
would have applied in the event that the consolidated district
still qualifies as a small or sparse district.
SECTION 1A.15. Section 44.004, Education Code, is amended
by adding Subsection (c-1) to read as follows:
(c-1) The notice described by Subsection (b) must state in a
distinct row for each of the following taxes:
(1) the proposed rate for the school district's
maintenance and operations tax described by Section 45.003, under
the heading "Maintenance and Operations Tax";
(2) the proposed rate for the school district's
interest and sinking fund tax described by Section 45.001, under
the heading "Interest and Sinking School Debt Service Tax Approved
by Local Voters"; and
(3) the proposed rate for the school district's
enrichment tax described by Section 45.003, under the heading
"Local Enrichment Tax Approved by Local Voters."
SECTION 1A.16. Section 45.003, Education Code, is amended
by adding Subsections (b-1) and (f) to read as follows:
(b-1) An election for the issuance of bonds under Section
45.001 must include as separate propositions the following
categories of projects for which bonds may be issued:
(1) the construction, acquisition, and equipment of
instructional facilities, as defined by Section 46.001, and the
purchase of sites for instructional facilities;
(2) the construction, acquisition, and equipment of
school buildings other than instructional facilities and the
purchase of sites for those buildings;
(3) the purchase of new school buses; or
(4) another appropriate category for which bonds may
be issued.
(f) Notwithstanding any other provision of this section, a
district may not adopt a tax rate for the maintenance and operations
of the district that exceeds the sum of the maximum rate for
purposes of Section 42.253 and the rate specified in Section 42.306
or otherwise provided for that section by appropriation unless that
tax rate is approved by two-thirds of the qualified voters voting in
an election held for that purpose. A district's adoption of a rate
authorized by this subsection does not affect the limitation on a
district's entitlement to enrichment revenue provided by Section
42.253. This subsection does not authorize the adoption of a tax
rate for the maintenance and operations of the district that
exceeds the maximum rate prescribed by Subsection (d).
SECTION 1A.17. The heading to Section 26.08, Tax Code, is
amended to read as follows:
Sec. 26.08. SCHOOL DISTRICT TAXES AND ELECTIONS [ELECTION]
TO AUTHORIZE OR RATIFY SCHOOL TAXES.
SECTION 1A.18. Section 26.08, Tax Code, is amended by
amending Subsections (a), (b), (c), (e), (h), (i), and (j) and
adding Subsections (a-1)-(a-9) and (b-1) to read as follows:
(a) Except as provided by Subsection (b), a school district
must obtain voter authorization in an election each time the
district adopts a tax rate for the maintenance and operations of the
district that exceeds the rate levied by the district in the
preceding tax year.
(a-1) Notwithstanding Section 45.003, Education Code, and
except as provided by Subsection (a-3), (a-4), (a-5), or (a-6), for
the 2005 tax year, a school district may not impose a tax for the
maintenance and operations of the district that exceeds the greater
of:
(1) the rate equal to 76 percent of the rate adopted by
the district for maintenance and operations for the 2004 tax year;
or
(2) the rate necessary to ensure that the district
receives the amount of revenue to which the district is entitled
under Section 42.311, Education Code, provided that the rate may
not exceed $1.15 on the $100 valuation of taxable property.
(a-2) Notwithstanding Section 45.003, Education Code, and
except as provided by Subsection (a-3), (a-4), (a-5), or (a-6), for
the 2006 tax year, a school district may not impose a tax for the
maintenance and operations of the district that exceeds the greater
of:
(1) the rate equal to the sum of 73 percent of the rate
adopted by the district for maintenance and operations for the 2004
tax year and any additional rate for enrichment authorized by
district voters for the 2005 tax year; or
(2) the rate necessary to ensure that the district
receives the amount of revenue to which the district is entitled
under Section 42.311, Education Code, provided that the rate may
not exceed the sum of $1.10 on the $100 valuation of taxable
property and any additional rate for enrichment authorized by
district voters for the 2005 tax year.
(a-3) For the 2005 and 2006 tax years, a school district
may, without holding an additional election, impose a tax for the
maintenance and operations of the district at a rate that does not
exceed the lesser of the rate of $1.15 or the rate of $1.10 and any
additional rate for enrichment authorized by district voters for
the 2005 tax year, as applicable for the appropriate tax year, or
the sum of the rate authorized by Subsection (a-1) or (a-2), as
applicable for the appropriate tax year, and the rate of $0.04 per
$100 valuation of taxable value, provided that the rate imposed was
previously authorized by voters in an election held for that
purpose. A school district may impose a greater rate if the greater
rate is approved by the voters in an election held after the
effective date of __.B. No. __, Acts of the 79th Legislature, 1st
Called Session, 2005.
(a-4) For the 2005 and 2006 tax years, a school district
permitted by Subsection (a-1) or (a-2), as applicable for the
appropriate tax year, to impose a tax for the maintenance and
operations of the district at the rate of $1.15 or $1.10, as
applicable for the appropriate tax year, on the $100 valuation of
taxable property may impose a tax for the maintenance and
operations of the district at a higher rate if approved by the
voters in an election held after the effective date of __.B. No. __,
Acts of the 79th Legislature, 1st Called Session, 2005.
(a-5) Notwithstanding any other provision of law, a school
district permitted by special law on January 1, 2005, to impose an
ad valorem tax for maintenance and operations at a rate greater than
$1.50 on the $100 valuation of taxable property in the district may:
(1) for the 2005 tax year:
(A) impose a tax for the maintenance and
operations of the district at a rate not to exceed the rate that is
$0.35 less than the rate adopted by the district for maintenance and
operations for the 2004 tax year, provided that, notwithstanding
any other provision of law, the tax authorized by this subdivision
may not be considered an enrichment tax rate for purposes of
Subchapter G, Chapter 42, Education Code; and
(B) seek voter authorization to impose a tax for
maintenance and operations for purposes of Subchapter G, Chapter
42, Education Code, at a rate greater than the rate authorized by
Paragraph (A), provided that the rate authorized by this
subdivision may not exceed the maximum tax permitted under
Subchapter G, Chapter 42, Education Code; and
(2) for the 2006 and subsequent tax years:
(A) continue to impose a tax for the maintenance
and operations of the district at a rate not to exceed the rate that
is $0.40 less than the rate adopted by the district for maintenance
and operations for the 2004 tax year, provided that,
notwithstanding any other provision of law, the tax authorized by
this subdivision may not be considered an enrichment tax rate for
purposes of Subchapter G, Chapter 42, Education Code; and
(B) seek voter authorization to impose a tax for
maintenance and operations for purposes of Subchapter G, Chapter
42, Education Code, at a rate greater than the rate authorized by
Paragraph (A), provided that the rate authorized by this
subdivision may not exceed the maximum tax permitted under
Subchapter G, Chapter 42, Education Code.
(a-6) Subsections (a-1), (a-2), (a-5), and (a-8) do not
apply to a school district operating under former Chapter 26,
Education Code, as it existed on May 1, 1995, as permitted under
Section 11.301, Education Code.
(a-7) All actions taken by the board of trustees of a school
district before the effective date of this Act that are necessary to
hold an election after the effective date of this Act are validated
as of the effective date of this Act.
(a-8) A school district that has adopted a tax rate for the
2005 tax year before the effective date of the amendment to this
section by _.B. No. ___, Acts of the 79th Legislature, 1st Called
Session, 2005, must adopt a new tax rate for the 2005 tax year that
is consistent with Subsections (a-1)-(a-5).
(a-9) Subsections (a-1), (a-2), (a-3), (a-4), (a-8), and
this subsection expire January 1, 2007.
(b) If the governing body of a school district with a
maintenance and operations tax rate of less than the rate specified
in Section 42.306 or otherwise provided by appropriation for
purposes of that section adopts a tax rate that exceeds the
district's rollback tax rate, the registered voters of the district
at an election held for that purpose must determine whether to
approve the adopted tax rate. When increased expenditure of money
by a school district is necessary to respond to a disaster,
including a tornado, hurricane, flood, or other calamity, but not
including a drought, that has impacted a school district and the
governor has requested federal disaster assistance for the area in
which the school district is located, an election is not required
under this section to approve the tax rate adopted by the governing
body for the year following the year in which the disaster occurs.
(b-1) [(b)] The governing body shall order that the
election required by Subsection (b) be held in the school district
on a date not less than 30 or more than 90 days after the day on
which it adopted the tax rate. Section 41.001, Election Code, does
not apply to the election unless a date specified by that section
falls within the time permitted by this section. At the election,
the ballots shall be prepared to permit voting for or against the
proposition: "Approving the ad valorem tax rate of $_____ per $100
valuation in (name of school district) for the current year, a rate
that is $_____ higher per $100 valuation than the school district
rollback tax rate." The ballot proposition must include the
adopted tax rate and the difference between that rate and the
rollback tax rate in the appropriate places.
(c) If a majority of the votes cast in the election required
by Subsection (b) favor the proposition, the tax rate for the
current year is the rate that was adopted by the governing body.
(e) For purposes of Subsection (b) [this section], local tax
funds dedicated to a junior college district under Section
45.105(e), Education Code, shall be eliminated from the calculation
of the tax rate adopted by the governing body of the school
district. However, the funds dedicated to the junior college
district are subject to Section 26.085.
(h) For purposes of Subsection (b) [this section],
increases in taxable values and tax levies occurring within a
reinvestment zone under Chapter 311 (Tax Increment Financing Act),
in which the district is a participant, shall be eliminated from the
calculation of the tax rate adopted by the governing body of the
school district.
(i) For purposes of Subsection (b) [this section], the
rollback tax rate of a school district is the sum of:
(1) the tax rate that, applied to the current total
value for the district, would impose taxes in an amount that, when
added to state funds that would be distributed to the district under
Chapter 42, Education Code, for the school year beginning in the
current tax year using that tax rate, would provide the same amount
of state funds distributed under Chapter 42 and maintenance and
operations taxes of the district per student in [weighted] average
daily attendance for that school year that would have been
available to the district in the preceding year if the funding
elements for Chapters 41 and 42, Education Code, for the current
year had been in effect for the preceding year;
(2) the rate of $0.04 [$0.06] per $100 of taxable
value; and
(3) the district's current debt rate.
(j) For purposes of Subsection (i), the amount of state
funds that would have been available to a school district in the
preceding year is computed using the district's [maximum] tax rate
for that [the current] year [under Section 42.253(e), Education
Code].
SECTION 1A.19. Section 31.01, Tax Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) In addition to other requirements of this section, a
tax bill or the separate statement accompanying the tax bill for a
school district must state in a distinct row for each of the
following taxes:
(1) the rate for the maintenance and operations tax
described by Section 45.003, Education Code, and the amount of tax
due under that tax rate, under the heading "Maintenance and
Operations Tax";
(2) the rate for the interest and sinking fund tax
described by Section 45.001, Education Code, and the amount of tax
due under that tax rate, under the heading "Interest and Sinking
School Debt Service Tax Approved by Local Voters"; and
(3) the rate for the enrichment tax described by
Section 45.003, Education Code, and the amount of tax due under that
tax rate, under the heading "Local Enrichment Tax Approved by Local
Voters."
SECTION 1A.20. Section 311.013, Tax Code, is amended by
adding Subsection (n) to read as follows:
(n) This subsection applies only to a reinvestment zone
created before September 1, 1999, for which a school district
enters into an agreement to pay a portion of the tax increment
produced by the school district into the tax increment fund
established for the zone. In addition to the amount the school
district is otherwise required to pay into the tax increment fund
each year, the comptroller shall pay into the fund from any
available source an additional amount. The additional amount is
the amount by which the amount the district would have been required
to pay into the fund for the current year under the agreement if the
district levied taxes at the district's 2004 tax rate exceeds the
amount the district is otherwise required to pay into the fund for
the current year. This subsection ceases to apply to the
reinvestment zone on the later of the dates specified by Sections
311.017(a)(1) and (2) for the reinvestment zone.
SECTION 1A.21. Section 403.302, Government Code, is amended
by adding Subsections (c-1) and (c-2) to read as follows:
(c-1) This subsection applies only to a school district
whose central administrative office is located in a county with a
population of 9,000 or less and a total area of more than 6,000
square miles. If after conducting the annual study for a tax year
the comptroller determines that the local value for a school
district is not valid, the comptroller shall adjust the taxable
value determined under Subsections (a) and (b) as follows:
(1) for each category of property sampled and tested
by the comptroller in the school district, the comptroller shall
use the weighted mean appraisal ratio determined by the study,
unless the ratio is more than four percentage points lower than the
weighted mean appraisal ratio determined by the comptroller for
that category of property in the immediately preceding study, in
which case the comptroller shall use the weighted mean appraisal
ratio determined in the immediately preceding study minus four
percentage points;
(2) the comptroller shall use the category weighted
mean appraisal ratios as adjusted under Subdivision (1) to
establish a value estimate for each category of property sampled
and tested by the comptroller in the school district; and
(3) the value estimates established under Subdivision
(2), together with the local tax roll value for any categories not
sampled and tested by the comptroller, less total deductions
determined by the comptroller, determines the taxable value for the
school district.
(c-2) Subsection (c-1) and this subsection expire September
1, 2007.
SECTION 1A.22. Section 45.003(b-1), Education Code, as
added by this Act, applies only to an election on the issuance of
school district bonds for which the election order is issued on or
after September 1, 2005.
PART B. SCHOOL FACILITIES
SECTION 1B.01. Subchapter A, Chapter 46, Education Code, is
amended by adding Section 46.014 to read as follows:
Sec. 46.014. STUDY REGARDING INSTRUCTIONAL FACILITIES. (a)
The Legislative Budget Board, in cooperation with the agency, shall
study existing instructional facilities in this state.
(b) The study of instructional facilities must include an
examination of the following objectives and any other objectives
determined appropriate by the Legislative Budget Board and the
agency:
(1) information relating to the date of construction
or age of existing instructional facilities;
(2) information relating to the condition of existing
instructional facilities, including dates of the most recent major
renovations;
(3) a determination of the number of school districts
and campuses that have student populations that exceed the state
average for enrollment growth, including, if appropriate, a
determination of:
(A) the number of portable buildings in use by
each school district and campus;
(B) the square footage of instructional facility
space per student; and
(C) the number of instructional facilities that
are serving a number of students that exceeds the maximum capacity
of the facility;
(4) a determination of the extent to which
instructional facilities in this state are energy and water use
efficient; and
(5) a determination of the extent of a school
district's bonded indebtedness relating to facilities or
replacement costs.
(c) The Legislative Budget Board and the agency shall
determine the appropriate methodology for use in conducting the
study required by this section.
(d) Not later than December 1, 2006, the Legislative Budget
Board and the agency shall submit to the legislature a report based
on the study required by this section. This section expires January
15, 2007.
SECTION 1B.02. Subchapter B, Chapter 44, Education Code, is
amended by adding Sections 44.0411 and 44.0412 to read as follows:
Sec. 44.0411. SAFETY EQUIPMENT PROVISION IN CONTRACTS. (a)
A school district shall include in each contract for construction
of a school facility a requirement that the contractor ensure that
school crossing zones, reduced-speed signs with flashing lights,
and any safety equipment required for the facility and school
campus to comply with law in effect at the time the contract is
entered into are installed not later than the 30th day before the
date that the facility is scheduled to open. If there is more than
one contract for construction of the facility, the district shall
include the appropriate safety equipment requirement in each
appropriate contract.
(b) A school district shall include in each contract for
repair, rehabilitation, or alteration of a school facility a
requirement that the contractor ensure that any safety equipment
required by law in effect at the time the contract is entered into
and needed in connection with the portion of the facility on which
the repair, rehabilitation, or alteration is performed is installed
in a timely manner. If there is more than one contract for repair,
rehabilitation, or alteration of the facility, the district shall
include the appropriate safety equipment requirement in each
appropriate contract.
(c) Any safety equipment or device installed in compliance
with this section must comply with the requirements and
specifications of the manual adopted under Section 544.001,
Transportation Code, as the manual exists at the time the contract
for construction is entered into.
Sec. 44.0412. NOTICE TO TEXAS DEPARTMENT OF TRANSPORTATION
OR LOCAL ROAD AUTHORITY REQUIRED. (a) In this section, "local road
authority" means the local governmental entity responsible for the
construction, repair, and maintenance of a public highway or
street.
(b) Not later than the 15th day after the date that a school
district approves a plat for construction of a school facility or
applies for a building permit for a school facility, whichever is
earlier, the district shall deliver notice of the proposed facility
construction to:
(1) the Texas Department of Transportation, if the
facility will adjoin a highway or street that is part of the state
highway system; and
(2) the local road authority, if the facility will
adjoin a highway or street that is not a part of the state highway
system.
(c) The school district shall coordinate with the Texas
Department of Transportation or local road authority, as
applicable, to determine the traffic needs associated with the
proposed school facility.
(d) The Texas Department of Transportation or the local road
authority, as applicable, must approve all devices and safety
equipment included in a contract for the construction of a school
facility under Section 44.0411(a).
SECTION 1B.03. Section 46.008, Education Code, is amended
to read as follows:
Sec. 46.008. STANDARDS. (a) The commissioner shall
establish standards for adequacy of school facilities. The
standards must include requirements related to space, educational
adequacy, and construction quality. All new facilities constructed
after September 1, 1998, must meet the standards to be eligible to
be financed with state or local tax funds.
(b) To be eligible to be financed with state or local tax
funds, any portable, modular building capable of being relocated
that is purchased or leased after September 1, 2005, for use as a
school facility, regardless of whether the building is an
industrialized building as defined by Section 1202.003,
Occupations Code, must be inspected as provided by Subchapter E,
Chapter 1202, Occupations Code, to ensure compliance with the
mandatory building codes or approved designs, plans, and
specifications.
SECTION 1B.04. (a) Section 44.0411, Education Code, as
added by this Act, applies to any contract entered into by a school
district for construction, repair, rehabilitation, or alteration
of a school facility on or after the effective date of this Act.
(b) Section 44.0412, Education Code, as added by this Act,
applies to any contract entered into by a school district for
construction of a school facility on or after the effective date of
this Act.
PART C. SOCIAL SECURITY CONTRIBUTIONS
SECTION 1C.01. Subchapter B, Chapter 606, Government Code,
is amended by adding Section 606.0261 to read as follows:
Sec. 606.0261. PAYMENT OF SCHOOL DISTRICT CONTRIBUTIONS.
(a) Subject to Subsection (b), the state shall pay 50 percent of
the total costs incurred by a school district in making
contributions for social security coverage for the district's
employees.
(b) Payment of state assistance under this section is
limited to:
(1) school districts that covered district employees
under the social security program before January 1, 2005; and
(2) contributions made on behalf of employees in a
class of employees the district covered under the social security
program before January 1, 2005.
(c) Using funds appropriated for the purpose, the
commissioner of education shall distribute money to which school
districts are entitled under this section in accordance with rules
adopted by the commissioner.
ARTICLE 2. EDUCATION EXCELLENCE
PART A. EDUCATION EMPLOYEES
SECTION 2A.01. Section 11.163, Education Code, is amended
by adding Subsection (f) to read as follows:
(f) The employment policy may not restrict the ability of a
school district employee to communicate directly with a member of
the board of trustees regarding a matter relating to the operation
of the district, except that the policy may prohibit:
(1) communication during:
(A) the employee's regular working hours at the
district; or
(B) the operating hours of a district campus; and
(2) ex parte communication relating to:
(A) a hearing under Subchapter E or F, Chapter
21; and
(B) another appeal or hearing in which ex parte
communication would be inappropriate pending a final decision by a
school district board of trustees.
SECTION 2A.02. Subchapter E, Chapter 11, Education Code, is
amended by adding Section 11.203 to read as follows:
Sec. 11.203. SCHOOL LEADERSHIP PILOT PROGRAM FOR
PRINCIPALS. (a) The agency shall develop and implement a school
leadership pilot program for principals in cooperation with a
nonprofit corporation that has substantial experience in
developing best practices to improve leadership skills, student
achievement, student graduation rates, and teacher retention among
diverse student populations.
(b) The agency shall consult business schools, departments,
or programs at institutions of higher education to develop program
course work that focuses on management and business training and
ethnic diversity.
(c) A principal or a person interested in becoming a
principal may apply for participation in the program, in a form and
manner determined by the commissioner.
(d) A principal of a campus rated academically
unacceptable, as well as any person employed to replace that
principal, shall participate in the program and complete the
program requirements not later than a date determined by the
commissioner.
(e) To pay the costs of administering the program, the
commissioner shall retain a portion of the total amount of funds
allotted under the Foundation School Program that the commissioner
considers appropriate to finance activities under this section and
shall reduce the total amount of state funds allocated to each
district from any source in the same manner described for a
reduction in allotments under Section 42.313.
(f) To implement and administer the program, the
commissioner may accept grants, gifts, and donations from public
and private entities.
(g) The commissioner may adopt rules necessary to
administer this section.
(h) During the first semester of the 2008-2009 school year,
the agency shall evaluate the effectiveness of the program in
developing and enhancing the ability of principals participating in
the program to provide school leadership and improve student
achievement and graduation rates and teacher retention. Not later
than January 1, 2009, the agency shall submit a report explaining
the results of the study to the governor, lieutenant governor,
speaker of the house of representatives, and the presiding officers
of the standing committees of each house of the legislature with
primary jurisdiction over public education.
(i) This section expires September 1, 2010.
SECTION 2A.03. Section 21.207(b), Education Code, is
amended to read as follows:
(b) The hearing must be conducted in accordance with rules
adopted by the board. If the proposed nonrenewal is for a necessary
reduction in personnel due to a financial exigency or program
change adopted by the board, the hearing may be conducted before a
hearing examiner pursuant to rules adopted by the board, provided
that the board is provided a transcript of the hearing and proposed
findings of fact and conclusions of law before the board makes a
final decision on the proposed nonrenewal. The board may use the
process established under Subchapter F.
SECTION 2A.04. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.062 to read as follows:
Sec. 21.062. CONFIDENTIALITY AND DISCLOSURE OF CERTAIN
INFORMATION. (a) The following information is confidential, is not
subject to public release under Chapter 552, Government Code, and
may be disclosed only as provided by this section and applicable
federal or state law:
(1) a report of alleged or suspected educator
misconduct made under this subchapter; and
(2) the files, reports, records, communications,
audiotapes, videotapes, and working papers used or developed in an
investigation under this subchapter.
(b) An educator who is the subject of an investigation by
the board under this subchapter is entitled to examine and make
copies of any information described by this section if the
information directly relates to the investigation.
SECTION 2A.05. Section 21.402, Education Code, is amended
by amending Subsections (a), (c), and (d) and adding Subsections
(c-1) and (c-2) to read as follows:
(a) Except as provided by Subsection (d)[, (e),] or (f), a
school district must pay each classroom teacher, full-time
librarian, full-time counselor certified under Subchapter B, or
full-time school nurse not less than the minimum monthly salary,
based on the employee's level of experience, prescribed by
Subsection (c) [determined by the following formula:
[MS = SF x FS
[where:
["MS" is the minimum monthly salary;
["SF" is the applicable salary factor specified by Subsection
(c); and
["FS" is the amount, as determined by the commissioner under
Subsection (b), of state and local funds per weighted student
available to a district eligible to receive state assistance under
Section 42.302 with an enrichment tax rate, as defined by Section
42.302, equal to the maximum rate authorized under Section 42.303,
except that the amount of state and local funds per weighted student
does not include the amount attributable to the increase in the
guaranteed level made by H.B. No. 3343, Acts of the 77th
Legislature, Regular Session, 2001].
(c) The minimum monthly salary under this section is
[factors per step are] as follows:Years Experience 0 1 2
2000-2001] school
year is, as long as the employee is employed by the same district,
entitled to a salary that is at least equal to the salary the
employee received for the 2005-2006 [2000-2001] school year.
SECTION 2A.06. Subchapter I, Chapter 21, Education Code, is
amended by adding Section 21.4021 to read as follows:
Sec. 21.4021. STATE POLICY REGARDING TEACHER COMPENSATION
ABOVE MINIMUM SALARY SCHEDULE. (a) It is the policy of this state
that each school district may compensate and have the ability to
compensate any teacher in an amount greater than the amounts
required by Sections 21.402 and 21.403 based on the teacher's
ability to improve the academic achievement of students.
(b) In determining a teacher's compensation, a school
district may and should consider:
(1) the teacher's ability to improve the academic
achievement of the teacher's students;
(2) the grade level or subject the teacher is assigned
to teach;
(3) skills required beyond basic teaching skills; and
(4) the assignment of the teacher, including whether
the teacher is assigned to a subject or school that is difficult to
staff.
(c) A school district can and should provide additional
compensation to a teacher who substantially contributes to
improvement in student achievement.
SECTION 2A.07. Sections 21.405(a) and (c), Education Code,
are amended to read as follows:
(a) Except as provided by Subsection (c), each classroom
teacher, full-time school nurse, or full-time librarian is entitled
to at least a 30-minute lunch period free from all duties and
responsibilities connected with the instruction and supervision of
students. Each school district may set flexible or rotating
schedules for each classroom teacher, full-time school nurse, or
full-time librarian in the district for the implementation of the
duty-free lunch period.
(c) If necessary because of a personnel shortage, extreme
economic conditions, or an unavoidable or unforeseen circumstance,
a school district may require a classroom teacher, nurse, or
librarian entitled to a duty-free lunch to supervise students
during lunch. A classroom teacher, nurse, or librarian may not be
required to supervise students under this subsection more than one
day in any school week. The commissioner by rule shall prescribe
guidelines for determining what constitutes a personnel shortage,
extreme economic conditions, or an unavoidable or unforeseen
circumstance for purposes of this subsection.
SECTION 2A.08. Subchapter J, Chapter 21, Education Code, is
amended by adding Section 21.458 to read as follows:
Sec. 21.458. MENTORS. (a) Each school district may assign
a mentor teacher to each classroom teacher who has less than two
years of teaching experience. A teacher assigned as a mentor must:
(1) teach in the same school;
(2) to the extent practicable, teach the same subject
or grade level, as applicable; and
(3) meet the qualifications prescribed by
commissioner rules adopted under Subsection (b).
(b) The commissioner shall adopt rules necessary to
administer this section, including rules concerning the duties and
qualifications of a teacher who serves as a mentor. The rules
concerning qualifications must require that to serve as a mentor a
teacher must:
(1) complete a research-based mentor and induction
training program approved by the commissioner;
(2) complete a mentor training program provided by the
district; and
(3) have at least three complete years of teaching
experience with a proven record of assisting students, as a whole,
in achieving growth in student performance.
(c) The commissioner shall develop proposed rules under
Subsection (b) by negotiated rulemaking as provided by Chapter
2008, Government Code.
(d) From the funds appropriated to the agency for purposes
of this section, the commissioner shall adopt rules and provide
funding to school districts that assign mentor teachers under this
section. Funding provided to districts under this section may be
used only for providing:
(1) mentor teacher stipends;
(2) scheduled time for mentor teachers to provide
mentoring to assigned classroom teachers; and
(3) mentoring support through providers of mentor
training.
(e) In adopting rules under Subsection (d), the
commissioner shall rely on research-based mentoring programs that,
through external evaluation, have demonstrated success.
SECTION 2A.09. Chapter 21, Education Code, is amended by
adding Subchapter N to read as follows:
SUBCHAPTER N. EDUCATOR EXCELLENCE INCENTIVE PROGRAM
Sec. 21.651. EDUCATOR EXCELLENCE INCENTIVE PROGRAM. (a)
The commissioner shall establish an educator excellence incentive
program under which school districts, in accordance with locally
developed plans approved by the commissioner, provide incentive
payments to employees who demonstrate superior success in growth in
student achievement.
(b) Each year a school district shall use an amount equal to
at least one percent of the district's total professional staff
payroll to provide incentive payments to employees in accordance
with this subchapter.
(c) Incentive payments under this subchapter may be used to:
(1) encourage classroom teachers to:
(A) teach at campuses with high percentages of
educationally disadvantaged students;
(B) serve as mentors to new teachers in
accordance with Section 21.458; or
(C) receive appropriate certification to teach
in a curriculum subject area in which the district is experiencing a
shortage of qualified teachers; or
(2) further the goals of any other locally designed
performance incentive program intended to improve student
achievement.
(d) The commissioner shall adopt rules necessary to
implement this subchapter. In adopting rules, the commissioner
shall:
(1) encourage local flexibility in designing
incentive plans that promote student achievement; and
(2) for purposes of Subsection (b), determine which
staff members are included as professional staff.
Sec. 21.652. MINIMUM CRITERIA FOR LOCAL INCENTIVE PLANS.
(a) A school district shall develop a local incentive plan for
rewarding successful incremental growth in student achievement in
the district and submit the plan to the commissioner for approval.
(b) A local incentive plan must be designed to reward
individuals, campuses, or organizational units such as grade levels
at elementary schools or academic departments at high schools.
(c) A local incentive plan must provide for incentive
payments to classroom teachers and may provide for incentive
payments to other employees.
(d) The primary criteria for making incentive payments to
employees under a local incentive plan must be based on objective
measures of student achievement, including a measure of incremental
growth in student achievement under Section 39.034, and the plan
must provide for incentive payments to be awarded on the basis of
high achievement, incremental growth in achievement, or both. A
local incentive plan may also consider other indicators of employee
performance, such as teacher evaluations conducted by principals or
parents.
(e) A local incentive plan must:
(1) be developed through a process that includes
participation of classroom teachers in the school district; and
(2) be approved by the district-level planning and
decision-making committee.
(f) The campus-level planning and decision-making committee
shall determine the appropriate distribution of funds received by a
campus under this subchapter.
Sec. 21.653. EMPLOYMENT CONTRACTS. (a) A school district
shall provide in employment contracts that qualifying employees may
receive an incentive payment under the local incentive plan.
(b) The district shall indicate that any incentive payment
distributed is considered a payment for performance and not an
entitlement as part of an employee's salary.
Sec. 21.654. DECISION BY BOARD OF TRUSTEES. A decision by
the board of trustees or the board's designee in providing an
incentive payment under a local incentive plan approved under this
subchapter is final and may not be appealed.
SECTION 2A.10. Subchapter B, Chapter 22, Education Code, is
amended by adding Section 22.056 to read as follows:
Sec. 22.056. PROFESSIONAL LIABILITY INSURANCE FOR
CLASSROOM TEACHERS. (a) Using funds appropriated for the purpose
or otherwise available to the commissioner for the purpose, the
commissioner shall make available to each classroom teacher, at no
cost to the teacher, professional liability insurance to provide
the costs of defense and indemnification protection from claims for
damages arising out of any act or omission that is incident to or
within the scope of the duties of the teacher's position of
employment.
(b) The commissioner shall obtain the insurance required to
be made available by this section:
(1) in an amount determined appropriate by the
commissioner; and
(2) from one or more insurers authorized to engage in
the business of insurance in this state.
(c) The insurance required to be made available by this
section is in addition to the liability insurance provided by the
employing school district under a general liability policy.
(d) The commissioner may adopt rules necessary to implement
this section.
SECTION 2A.11. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.019 to read as follows:
Sec. 29.019. SPEECH-LANGUAGE INSTRUCTION: ASSISTANTS. (a)
This section applies to an assistant who:
(1) has at least three years of experience in speech
therapy, as determined by the State Board of Examiners for
Speech-Language Pathology and Audiology; and
(2) is supervised by a licensed speech-language
pathologist.
(b) An assistant described by Subsection (a) may attend, as
related services personnel, a student admission, review, and
dismissal committee meeting if the meeting involves a student for
whom the assistant provides services. If an assistant attends a
meeting as provided by this section, the supervising
speech-language pathologist is not required to attend the meeting,
except as provided by Subsection (c).
(c) A supervising speech-language pathologist must attend a
committee meeting under Subsection (b):
(1) if the purpose of the committee meeting is to
develop a student's initial individualized education program under
Section 29.005; or
(2) if the purpose of the committee meeting is to
consider the student's dismissal, unless the supervising
speech-language pathologist has submitted the pathologist's
recommendation in writing on or before the date of the meeting.
(d) This section:
(1) does not create, increase, decrease, or otherwise
affect a supervising speech-language pathologist's liability for
actions taken by an assistant; and
(2) is not a waiver of a school district's sovereign
immunity.
SECTION 2A.12. Section 21.002(a), Education Code, is
amended to read as follows:
(a) A school district shall employ each classroom teacher,
principal, librarian, nurse, licensed athletic trainer, or
counselor under:
(1) a probationary contract, as provided by Subchapter
C;
(2) a continuing contract, as provided by Subchapter
D; or
(3) a term contract, as provided by Subchapter E.
SECTION 2A.13. Section 21.003(a), Education Code, is
amended to read as follows:
(a) A person may not be employed as a teacher, teacher
intern or teacher trainee, librarian, educational aide,
administrator, educational diagnostician, or counselor by a school
district unless the person holds an appropriate certificate or
permit issued as provided by Subchapter B.
SECTION 2A.14. (a) As soon as possible after September 1,
2005, the commissioner of education shall review the rules adopted
under Section 21.044, Education Code, relating to educator training
requirements and revise those rules as necessary to ensure that the
training requirements are sufficient to produce educators capable
of:
(1) satisfying the increased standards for highly
qualified educators prescribed by the No Child Left Behind Act of
2001 (Pub. L. No. 107-110);
(2) complying with certification standards in this
state; and
(3) teaching students in a manner that results in the
highest level of student performance.
(b) In conducting the review required by Subsection (a) of
this section, the commissioner of education shall give specific
attention to the degree to which educator training requirements
prepare educators to serve students of limited English proficiency
and students with learning disabilities.
PART B. STATE AND REGIONAL GOVERNANCE
SECTION 2B.01. Chapter 1, Education Code, is amended by
adding Section 1.005 to read as follows:
Sec. 1.005. EDUCATION RESEARCH CENTERS; SHARING STUDENT
INFORMATION. (a) In this section, "center" means a center for
education research authorized by this section.
(b) The commissioner of education and the commissioner of
higher education may establish not more than three centers for
education research for conducting research described by
Subsections (e) and (f).
(c) A center may be established as part of:
(1) the Texas Education Agency;
(2) the Texas Higher Education Coordinating Board; or
(3) a public junior college, public senior college or
university, or public state college, as those terms are defined by
Section 61.003.
(d) A center may be operated under a memorandum of
understanding between the commissioner of education, the
commissioner of higher education, and the governing board of an
educational institution described by Subsection (c)(3). The
memorandum of understanding must require the commissioner of
education, or a person designated by the commissioner, and the
commissioner of higher education, or a person designated by the
commissioner, to provide direct, joint supervision of the center
under this section.
(e) A center shall conduct research for the benefit of
education in this state, including research relating to the impact
of state and federal education programs, the performance of
educator preparation programs, public school finance, and the best
practices of school districts with regard to classroom instruction,
bilingual education programs, special language programs, and
business practices.
(f) The commissioner of education and the commissioner of
higher education:
(1) under the memorandum of understanding described by
Subsection (d), may require a center to conduct certain research
projects considered of particular importance to the state, as
determined by the commissioners; and
(2) not later than the 45th day before the date a
research project required to be conducted under this subsection is
scheduled to begin, shall notify the governor, the Legislative
Budget Board, and the governing body of the educational institution
in which the center is established that the research project is
required.
(g) In conducting research under this section, a center:
(1) may use data on student performance, including
data that is confidential under the Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. Section 1232g), the center has
collected from the Texas Education Agency, the Texas Higher
Education Coordinating Board, the State Board for Educator
Certification, any public or private institution of higher
education, and any school district; and
(2) shall comply with rules adopted by the
commissioner of education and the commissioner of higher education
to protect the confidentiality of student information, including
rules establishing procedures to ensure that confidential student
information is not duplicated or removed from a center in an
unauthorized manner.
(h) The commissioner of education and the commissioner of
higher education may:
(1) accept gifts and grants to be used in operating one
or more centers; and
(2) by rule impose reasonable fees, as appropriate,
for the use of a center's research, resources, or facilities.
(i) This section does not authorize the disclosure of
student information that may not be disclosed under the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
1232g).
(j) The commissioner of education and the commissioner of
higher education shall adopt rules as necessary to implement this
section.
SECTION 2B.02. Section 7.004, Education Code, as amended by
H.B. No. 1116, Acts of the 79th Legislature, Regular Session, 2005,
is amended to read as follows:
Sec. 7.004. SUNSET PROVISION. (a) The Texas Education
Agency is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the agency is abolished September 1, 2017 [2007. In the review of
the agency by the Sunset Advisory Commission, as required by this
section, the sunset commission shall limit its review to the
appropriateness of recommendations made by the sunset commission to
the 79th Legislature. In the Sunset Advisory Commission's report
to the 80th Legislature, the sunset commission may include any
recommendations it considers appropriate].
(b) A review conducted under Chapter 325, Government Code
(Texas Sunset Act), in accordance with this section must include a
review of the regional education service centers under Chapter 8.
SECTION 2B.03. Subchapter A, Chapter 7, Education Code, is
amended by adding Section 7.007 to read as follows:
Sec. 7.007. PUBLIC EDUCATION INFORMATION MANAGEMENT SYSTEM
(PEIMS). (a) Each school district shall participate in the Public
Education Information Management System (PEIMS) and shall provide
through that system information required for the administration of
this code.
(b) Each school district shall use a uniform accounting
system adopted by the commissioner for the data required to be
reported for the Public Education Information Management System.
(c) Annually, the commissioner shall review the Public
Education Information Management System and shall repeal or amend
rules that require school districts to provide information through
the system that is not necessary. In reviewing and revising the
system, the commissioner shall develop rules to ensure that the
system:
(1) provides useful, accurate, and timely information
on student demographics and academic performance, personnel, and
school district finances;
(2) contains only the data necessary for the
legislature and the agency to perform their legally authorized
functions in overseeing the public education system; and
(3) does not contain any information related to
instructional methods, except as required by federal law.
(d) The commissioner's rules must ensure that the Public
Education Information Management System links student performance
data to other related information for purposes of efficient and
effective allocation of school resources.
SECTION 2B.04. Subchapter A, Chapter 7, Education Code, is
amended by adding Section 7.008 to read as follows:
Sec. 7.008. ELECTRONIC STUDENT RECORDS SYSTEM. (a) In this
section, "institution of higher education" has the meaning assigned
by Section 61.003.
(b) Each school district, public charter district, and
institution of higher education shall participate in an electronic
student records system that satisfies standards approved by the
commissioner of education and the commissioner of higher education.
(c) The electronic student records system must permit an
authorized state or district official or an authorized
representative of an institution of higher education to
electronically transfer to and from an educational institution in
which the student is enrolled and retrieve student transcripts,
including information concerning a student's:
(1) course or grade completion;
(2) teachers of record;
(3) assessment instrument results; and
(4) receipt of special education services, including
placement in a special education program and the individualized
education program developed.
(d) The commissioner of education or the commissioner of
higher education may solicit and accept grant funds to maintain the
electronic student records system and to make the system available
to school districts, public charter districts, and institutions of
higher education.
(e) The electronic student records system shall identify
public school students within the following categories on an
individual and aggregated basis by region and demographic group:
(1) enrolled in the state;
(2) transferred out of state;
(3) transferred to a private or home school;
(4) graduated from high school;
(5) deceased; or
(6) dropout.
(f) A private or independent institution of higher
education, as defined by Section 61.003, may participate in the
electronic student records system under this section. If a private
or independent institution of higher education elects to
participate, the institution must provide the funding to
participate in the system.
(g) Any person involved in the transfer and retrieval of
student information under this section is subject to any state or
federal law governing the release of or providing access to any
confidential information to the same extent as the educational
institution from which the data is collected. A person may not
release or distribute the data to any other person in a form that
contains confidential information.
(h) The electronic student records system shall be
implemented not later than the beginning of the 2006-2007 school
year. This subsection expires September 1, 2007.
SECTION 2B.05. Subchapter B, Chapter 7, Education Code, is
amended by adding Section 7.0211 to read as follows:
Sec. 7.0211. GIFTS, GRANTS, OR DONATIONS. The agency may
receive gifts, grants, or donations from any public or private
source to perform any educational function the agency is authorized
to perform by law.
SECTION 2B.06. Section 7.028, Education Code, as renumbered
by Section 23.001(9), H.B. No. 2018, Acts of the 79th Legislature,
Regular Session, 2005, is amended to read as follows:
Sec. 7.028. LIMITATION ON COMPLIANCE MONITORING. (a)
Except as provided by Section 29.001(5), 29.010(a), [39.074,] or
39.075, the agency may monitor compliance with requirements
applicable to a process or program provided by a school district,
campus, program, or school granted charters under Chapter 11A or
12, including the process described by Subchapter F, Chapter 11, or
a program described by Subchapter B, C, D, E, F, H, or I, Chapter 29,
Subchapter A, Chapter 37, or Section 38.003, and the use of funds
provided for such a program under Subchapter C, Chapter 42, only as
necessary to ensure:
(1) compliance with federal law and regulations;
(2) financial accountability, including compliance
with grant requirements; and
(3) data integrity for purposes of:
(A) the Public Education Information Management
System (PEIMS); and
(B) accountability under Chapter 39.
(b) The board of trustees of a school district or the
governing body of a public charter district [an open-enrollment
charter school] has primary responsibility for ensuring that the
district or school complies with all applicable requirements of
state educational programs.
SECTION 2B.07. Subchapter B, Chapter 7, Education Code, is
amended by adding Section 7.033 to read as follows:
Sec. 7.033. COMPREHENSIVE MONITORING SYSTEM. To the extent
permissible under Section 7.028, the agency shall develop and
implement a comprehensive, integrated monitoring system for
monitoring school district and charter school overall performance
under and compliance with federal and state education laws. The
system must incorporate performance and compliance information
collected by various agency divisions for each school district and
charter school, including information relating to:
(1) data integrity;
(2) the performance of district or school programs;
(3) financial accountability;
(4) academic accountability;
(5) previous history of compliance;
(6) complaints issues; and
(7) governance issues.
SECTION 2B.08. Sections 7.057(a) and (d), Education Code,
are amended to read as follows:
(a) Except as provided by Subsection (e) or Section 7.0571,
a person may appeal in writing to the commissioner if the person is
aggrieved by:
(1) the school laws of this state; or
(2) actions or decisions of any school district board
of trustees that violate:
(A) the school laws of this state; or
(B) a provision of a written employment contract
between the school district and a school district employee, if a
violation causes or would cause monetary harm to the employee.
(d) Except as provided by Section 7.0571, a [A] person
aggrieved by an action of the agency or decision of the commissioner
may appeal to a district court in Travis County. An appeal must be
made by serving the commissioner with citation issued and served in
the manner provided by law for civil suits. The petition must state
the action or decision from which the appeal is taken. At trial,
the court shall determine all issues of law and fact, except as
provided by Section 33.081(g).
SECTION 2B.09. Subchapter C, Chapter 7, Education Code, is
amended by adding Section 7.0571 to read as follows:
Sec. 7.0571. INFORMAL REVIEW BY COMMISSIONER. (a) The
commissioner shall adopt rules under which a school district,
public charter district, or other person that wishes to challenge
an agency decision made under Chapter 39, 41, 42, or 46 must
petition the commissioner for an informal review by the
commissioner of the decision.
(b) The commissioner may limit a review under this section
to a written submission of any issue identified by the
commissioner.
(c) A final decision under this section is final and may not
be appealed under Section 7.057 or any other law.
SECTION 2B.10. Chapter 7, Education Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. PERFORMANCE-BASED GRANT SYSTEM
Sec. 7.151. PERFORMANCE-BASED GRANT SYSTEM. (a) The
agency shall implement a comprehensive performance-based grant
system to collect and report grant performance and spending
information and to use that information in making future grants.
(b) The grant system must:
(1) connect grant activities and funding to student
academic performance; and
(2) provide for efficient grant application and
reporting procedures for grant programs administered by the agency.
Sec. 7.152. GRANT PROGRAM PROCEDURES. The agency shall
ensure that:
(1) the mission, purpose, and objectives of each
agency grant program support student academic performance or
another public education mission, objective, or goal specified
under Sections 4.001 and 4.002;
(2) each agency grant program coordinates with other
grant programs administered by the agency;
(3) grant programs with similar objectives have common
performance measures; and
(4) the most efficient methods for coordinating grant
objectives, grant activities, academic performance measures, and
funding are used in the agency's grant application and reporting
systems.
Sec. 7.153. GRANT ELIGIBILITY NOTIFICATION. The agency may
use existing data to identify and notify an eligible school
district or charter school of the opportunity to apply for a
state-funded discretionary grant.
Sec. 7.154. APPLICATION FOR STATE-FUNDED FORMULA GRANTS.
The agency shall develop one or more consolidated applications to
be used by school districts and charter schools in applying for any
state-funded formula grant administered by the agency.
Sec. 7.155. AVAILABILITY OF GRANT INFORMATION. The agency
shall ensure that information relating to the grant system is
available to the legislature and the public.
Sec. 7.156. BEST PRACTICES GRANT INFORMATION. (a) The
agency, in coordination with regional education service centers,
shall use data relating to grant programs, including grant spending
and performance information, to identify successful grant
programs. Based on the identification of successful grant
programs, each regional education service center shall provide
information concerning those programs to the school districts in
the service center's region.
(b) This section applies beginning with the 2009-2010
school year. This subsection expires June 1, 2010.
Sec. 7.157. DEVELOPMENT OF GRANT SYSTEM. (a) In developing
the performance-based grant system, the agency shall:
(1) identify each area of data collected for grant
programs and the method in which the agency collects the data;
(2) determine whether grant data that a school
district or charter school is required to collect is useful and
supports:
(A) a grant program's objectives; and
(B) the goals for academic performance and
accountability or another public education mission, objective, or
goal;
(3) determine whether grant data is analyzed and
disseminated efficiently; and
(4) review the agency's policies, procedures, and
reporting requirements relating to grant programs administered by
the agency to simplify and make more efficient the grant
application, award, and reporting processes for school districts
and charter schools.
(b) This section expires June 1, 2010.
Sec. 7.158. GRANT ADMINISTRATION DURING CERTAIN SCHOOL
YEARS; STATUS REPORT. (a) Not later than January 1, 2007, the
agency shall provide the legislature with a status report
concerning the agency's development of the grant system. The
report may suggest any statutory changes needed to facilitate a
full transition to a performance-based grant system.
(b) Beginning with the 2009-2010 school year, the agency
shall make the performance-based grant system fully available to
school districts and charter schools.
(c) This section expires June 1, 2010.
SECTION 2B.11. Subchapter A, Chapter 8, Education Code, is
amended by adding Section 8.0031 to read as follows:
Sec. 8.0031. TRAINING FOR MEMBERS OF BOARD OF DIRECTORS.
(a) The commissioner shall adopt rules prescribing training for
members of regional education service center boards of directors.
The training curriculum may include:
(1) an overview of this code and any rules adopted
under this code;
(2) a review of recent state and federal education
legislation, rules, and regulations;
(3) a review of the powers and duties of a regional
education service center board of directors; and
(4) a review of any statewide or regional strategic
planning applicable to regional education service centers.
(b) A member of a regional education service center board of
directors must complete any training required by commissioner rule.
SECTION 2B.12. Sections 8.051(b), (c), and (d), Education
Code, are amended to read as follows:
(b) Each regional education service center shall annually
develop and submit to the commissioner for approval a plan for
improvement. Each plan must include the purposes and description
of the services the center will provide to:
(1) campuses rated academically unacceptable
[identified as low-performing based on the indicators adopted]
under Section 39.072 [39.051];
(2) the lowest-performing campuses in the region; and
(3) other campuses.
(c) Each regional education service center shall provide
services that enable school districts to operate more efficiently
and economically, including collecting and disseminating:
(1) best practices information as provided by Section
7.010; and
(2) information concerning successful grant programs
to school districts as provided by Section 7.156.
(d) Each regional education service center shall maintain
core services for purchase by school districts and campuses. The
core services are:
(1) training and assistance in teaching each subject
area assessed under Section 39.023;
(2) training and assistance in providing each program
that qualifies for a special education, compensatory education,
bilingual education, or gifted and talented student funding
allotment under Subchapter C, Chapter 42 [Section 42.151, 42.152,
42.153, or 42.156];
(3) assistance specifically designed for a school
district or campus rated academically unacceptable under Section
39.072 [39.072(a) or a campus whose performance is considered
unacceptable based on the indicators adopted under Section 39.051];
(4) training and assistance to teachers,
administrators, members of district boards of trustees, and members
of site-based decision-making committees;
(5) assistance specifically designed for a school
district that is considered out of compliance with state or federal
special education requirements, based on the agency's most recent
compliance review of the district's special education programs; and
(6) assistance in complying with state laws and rules.
SECTION 2B.13. Section 8.102, Education Code, is amended to
read as follows:
Sec. 8.102. DATA REPORTING. (a) Each regional education
service center shall report audited or budgeted financial
information and any other information requested by the commissioner
for use in assessing the performance of the center. The
commissioner shall develop a uniform system for regional education
service centers to report audited financial data, to report
information on the indicators adopted under Section 8.101, and to
provide information on client satisfaction with services provided
under Subchapter B.
(b) The uniform system for reporting required by Subsection
(a) must require regional education service centers to:
(1) use standard accepted cost accounting practices
approved by the commissioner for reporting all expenditures; and
(2) identify and report each expenditure separately by
purpose as educational, support, or administrative.
SECTION 2B.14. Section 8.103, Education Code, is amended to
read as follows:
Sec. 8.103. ANNUAL EVALUATION. (a) The commissioner shall
conduct an annual evaluation of each executive director and
regional education service center. Each evaluation must include:
(1) an audit of the center's finances;
(2) a review of the center's performance on the
indicators adopted under Section 8.101;
(3) a review of client satisfaction with services
provided under Subchapter B; and
(4) a review of any other factor the commissioner
determines to be appropriate.
(b) In the audit conducted under Subsection (a)(1), the
commissioner shall verify that the regional education service
center has identified each expenditure separately by purpose as
educational, support, or administrative as required by Section
8.102(b).
(c) The commissioner shall make the annual evaluation for a
fiscal year available to the public not later than January 1
following that fiscal year. The commissioner shall provide a copy
of the annual evaluation to any person who submits a written request
to the commissioner.
SECTION 2B.15. Subchapter A, Chapter 11, Education Code, is
amended by adding Section 11.003 to read as follows:
Sec. 11.003. ADMINISTRATIVE EFFICIENCY. (a) Not later
than December 1, 2005, the commissioner shall evaluate the
feasibility of including a uniform indicator under Section
39.202(b) that measures effective administrative management
through the use of cooperative shared service arrangements. If the
commissioner determines that the adoption of a uniform indicator
described by this subsection is feasible, the commissioner by rule
shall include the indicator in the financial accountability rating
system under Subchapter I, Chapter 39, for school districts
beginning with the 2006-2007 school year. This subsection expires
September 1, 2007.
(b) Each regional education service center shall:
(1) notify each school district served by the center
regarding the opportunities available through the center for
cooperative shared service arrangements within the center's
service area; and
(2) evaluate the need for cooperative shared service
arrangements within the center's service area and consider
expanding center-sponsored cooperative shared service
arrangements.
(c) A school district that enters into an agreement for a
cooperative shared service arrangement described by Subsection (a)
is entitled to keep any money the district saves as a result of
reduced costs or increased efficiencies under the arrangement.
(d) Each regional education service center shall assist a
school district board of trustees in entering into an agreement
with another district or political subdivision, a regional
education service center, or an institution of higher education as
defined by Section 61.003, for a cooperative shared service
arrangement regarding administrative services, including
transportation, food service, purchasing, and payroll functions.
(e) The commissioner may:
(1) adopt by rule reasonable incentives to encourage
school districts and public charter districts to enter into
agreements for a cooperative shared service arrangement; and
(2) require a district or a public charter district to
enter into an agreement for a cooperative shared service
arrangement if the commissioner determines that the financial
management performance of the district is unsatisfactory.
SECTION 2B.16. Subchapter A, Chapter 29, Education Code, is
amended by adding Sections 29.0162, 29.0163, and 29.0164 to read as
follows:
Sec. 29.0162. INFORMATION REGARDING SPECIAL EDUCATION DUE
PROCESS HEARINGS. (a) The agency shall make available to a parent,
student, school district, attorney, or other interested person, and
shall place on the agency's Internet website, comprehensive, easily
understood information in English and Spanish concerning the
special education due process hearing process.
(b) The information described by Subsection (a) must
include:
(1) a description of the steps in the due process
hearing process;
(2) the text of any applicable administrative,
procedural, or evidentiary rule;
(3) a description of any notice requirements;
(4) an explanation of options for alternative dispute
resolution, including mediation;
(5) an explanation of a resolution session;
(6) answers to frequently asked questions; and
(7) other sources of information, including
electronic sources of information, such as special education case
law available on the Internet.
Sec. 29.0163. COLLECTION AND ANALYSIS OF INFORMATION
CONCERNING SPECIAL EDUCATION HEARING OFFICERS. (a) The agency
shall collect and at least biennially analyze any information,
including complaint information, relating to the performance of a
special education hearing officer for use in assessing:
(1) the effectiveness of the due process hearing
process; and
(2) the performance of a special education hearing
officer.
(b) The agency shall use the information described by
Subsection (a) in determining whether to renew a contract with a
special education hearing officer.
Sec. 29.0164. SPECIAL EDUCATION HEARING OFFICER: CONFLICT
OF INTEREST PROVISIONS. A special education hearing officer may
not accept employment or compensation from a school district during
a school year in which the hearing officer presides over a hearing
to which the district is a party.
SECTION 2B.17. Section 37.008, Education Code, is amended
by adding Subsection (o) to read as follows:
(o) For purposes of accountability under Chapter 39, a
student placed in a disciplinary alternative education program is
reported as if the student were enrolled at the student's assigned
campus in the student's regularly assigned education program,
including a special education program.
SECTION 2B.18. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.085 to read as follows:
Sec. 37.085. REPORT ON BULLYING AND DISCRIMINATION. (a)
The agency shall collect data on the reasons for and prevalence of
bullying and discrimination in public schools.
(b) The agency shall deliver a report on the data collected
describing the results to the legislature not later than January 1,
2007.
(b-1) The commissioner shall set aside the amount necessary
to pay costs associated with this section from amounts appropriated
for allotments under Section 42.152, and reduce each district's
allotments under that section proportionately.
(c) This section expires June 1, 2007.
PART C. SCHOOL DISTRICT GOVERNANCE AND OTHER OPERATIONS
SECTION 2C.01. Chapter 4, Education Code, is amended by
adding Section 4.003 to read as follows:
Sec. 4.003. COMPLIANCE WITH CERTAIN UNFUNDED STATE MANDATES
NOT REQUIRED. (a) For purposes of this section:
(1) "H.B. No. 2 mandate" means a provision of a state
statute amended or added by H.B. No. 2, Acts of the 79th
Legislature, 1st Called Session, 2005, or rule adopted under a
statute amended or added by H.B. No. 2, Acts of the 79th
Legislature, 1st Called Session, 2005, that requires:
(A) school district action to implement the
provision; and
(B) an expenditure by a school district that
would not have been required in the absence of the provision.
(2) "Unfunded H.B. No. 2 mandate" means an H.B. No. 2
mandate for which the legislature has not appropriated funds
estimated to be sufficient to meet the state's share of financing
the expenditure.
(b) The Legislative Budget Board shall, in cooperation with
the commissioner, conduct a study of H.B. No. 2 mandates. The study
shall identify each H.B. No. 2 mandate and any unfunded H.B. No. 2
mandate.
(c) Each school district shall cooperate with the board by
providing information relating to the district's cost of
implementing an H.B. No. 2 mandate. At the board's request, the
agency, state auditor, comptroller, and other state officers and
agencies shall assist the board in conducting the study and
analyzing information obtained from school districts.
(d) Not later than November 1, 2005, the board shall:
(1) prepare a certified list of any unfunded H.B. No. 2
mandate; and
(2) deliver the certified list to the secretary of
state for publication in the Texas Register.
(e) A school district is not required to comply with any
unfunded H.B. No. 2 mandate that appears on the certified list
published under Subsection (d).
SECTION 2C.02. Subchapter A, Chapter 7, Education Code, is
amended by adding Section 7.011 to read as follows:
Sec. 7.011. STATEWIDE FUNDS MANAGEMENT INFORMATION SYSTEM
FOR AT-RISK STUDENT SERVICES. (a) In this section, "student at
risk of dropping out of school" has the meaning described by Section
29.081.
(b) The agency shall develop a management information
system for funds awarded and allocated to school districts and
public charter districts for the purpose of providing services to
students at risk of dropping out of school.
(c) The funds management information system must produce
complete, accurate, and timely reports for agency officials and
policy makers. The reports must provide information on funding for
services for students at risk of dropping out of school, statewide
and aggregated by school district, including the following
information:
(1) the amount of an award;
(2) the beginning and ending period of a grant or
award;
(3) expenditures related to an award; and
(4) any amount of an award that was not distributed
because of a school district's failure to use awarded funds to
provide needed services during the funding period.
(d) The commissioner shall adopt rules as necessary to
administer this section. The rules adopted under this subsection
must ensure that:
(1) the funds management information system includes:
(A) the information described by Subsection (c)
for all funding sources for services described by Section 29.092
for students at risk of dropping out of school, excluding funding
information relating to a compensatory, intensive, or accelerated
instruction program under Section 29.081, a disciplinary
alternative education program established under Section 37.008, or
a program eligible under Title I of the Elementary and Secondary
Education Act of 1965, as provided by Pub. L. No. 103-382; and
(B) all state funds and federal pass-through
funds targeting students at risk of dropping out of school;
(2) the system is compatible with and is regularly
reconciled with the agency's central accounting system; and
(3) aggregate funding information is readily
available to agency personnel and policy makers, including
aggregate funding information relating to a compensatory,
intensive, or accelerated instruction program under Section
29.081, a disciplinary alternative education program established
under Section 37.008, or a program eligible under Title I of the
Elementary and Secondary Education Act of 1965, as provided by Pub.
L. No. 103-382.
SECTION 2C.03. Section 7.056(e), Education Code, as amended
by S.B. No. 658, Acts of the 79th Legislature, Regular Session,
2005, is amended to read as follows:
(e) Except as provided by Subsection (f), a school campus or
district may not receive an exemption or waiver under this section
from:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) a requirement imposed by federal law or rule,
including a requirement for special education or bilingual
education programs; or
(3) a requirement, restriction, or prohibition
relating to:
(A) essential knowledge or skills under Section
28.002 or minimum graduation requirements under Section 28.025;
(B) public school accountability as provided by
Subchapters B, C, D, and G, Chapter 39;
(C) extracurricular activities under Section
33.081 or participation in a University Interscholastic League
area, regional, or state competition under Section 33.0812;
(D) health and safety under Chapter 38;
(E) purchasing under Subchapter B, Chapter 44;
(F) elementary school class size limits, except
as provided by Section 25.112;
(G) removal of a disruptive student from the
classroom under Subchapter A, Chapter 37;
(H) at-risk programs under Subchapter C, Chapter
29;
(I) prekindergarten programs under Subchapter E,
Chapter 29;
(J) educator rights and benefits under
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
A, Chapter 22;
(K) special education programs under Subchapter
A, Chapter 29; [or]
(L) bilingual education programs under
Subchapter B, Chapter 29; or
(M) the requirements for the first and last day
of instruction under Section 25.0811, except as provided by that
section.
SECTION 2C.04. Section 11.059, Education Code, is amended
to read as follows:
Sec. 11.059. TERMS. (a) A trustee of an independent school
district serves a term of [three or] four years.
(b) [Elections for trustees with three-year terms shall be
held annually. The terms of one-third of the trustees, or as near
to one-third as possible, expire each year.
[(c)] Elections for trustees shall be nonpartisan and [with
four-year terms] shall be held on the uniform election date in
November in even-numbered years [biennially]. The terms of
one-half of the trustees, or as near to one-half as possible, expire
every two years.
(c) [(d)] A board policy must state the schedule on which
specific terms expire.
SECTION 2C.05. Subchapter C, Chapter 11, Education Code, is
amended by adding Section 11.066 to read as follows:
Sec. 11.066. REMOVAL FOR FAILURE TO ATTEND BOARD MEETINGS.
(a) It is a ground for removal of a trustee of an independent school
district that the trustee is absent from more than half of the
regularly scheduled board of trustees meetings during a calendar
year that the member is eligible to attend, unless the absence is
excused by a majority vote of the board of trustees.
(b) If the superintendent of the school district has
knowledge that a ground for removal under this section exists, the
superintendent shall notify the board of trustees. On a
determination that a potential ground for removal exists, the board
shall notify the appropriate county or district attorney or the
attorney general.
SECTION 2C.06. Section 11.201, Education Code, is amended
by adding Subsections (e) and (f) to read as follows:
(e) A superintendent may not receive any financial benefit
for personal services performed by the superintendent for any
business entity that conducts or solicits business with the school
district. Any financial benefit received by the superintendent for
performing personal services for any other entity must be approved
by the board of trustees on a case-by-case basis in an open meeting.
(f) A school district may not pay a superintendent a salary
in an amount that exceeds 400 percent of the salary of the highest
paid classroom teacher in the district.
SECTION 2C.07. Sections 11.253(d) and (h), Education Code,
are amended to read as follows:
(d) Each campus improvement plan must:
(1) assess the academic achievement for each student
in the school using the academic excellence indicator system as
described by Section 39.051;
(2) set the campus performance objectives based on the
academic excellence indicator system, including objectives for
special needs populations, including students in special education
programs under Subchapter A, Chapter 29;
(3) identify how the campus goals will be met for each
student;
(4) determine the resources needed to implement the
plan;
(5) identify staff needed to implement the plan;
(6) set timelines for reaching the goals;
(7) measure progress toward the performance
objectives periodically to ensure that the plan is resulting in
academic improvement;
(8) include goals and methods for violence prevention
and intervention on campus as approved by a site-based school
discipline policy committee established under Section 11.2531, if
such a committee is established and may include goals and methods
for dropout deterrence, and academic enhancement on campus, any of
which goals and methods may include ongoing, research-based teacher
development programs that focus on:
(A) developing healthy self-esteem in students;
(B) nurturing the well-being of students; and
(C) creating a nurturing classroom environment;
and
(9) provide for a program to encourage parental
involvement at the campus that may include research-based classes
and training in nurturing and providing positive discipline to a
child.
(h) A principal shall regularly consult the campus-level
committee and a site-based school discipline policy committee
established under Section 11.2531, if such a committee is
established, in the planning, operation, supervision, and
evaluation of the campus educational program.
SECTION 2C.08. Subchapter F, Chapter 11, Education Code, is
amended by adding Section 11.2531 to read as follows:
Sec. 11.2531. SITE-BASED SCHOOL DISCIPLINE POLICY
COMMITTEE. (a) Each school district shall permit the
establishment of a site-based school discipline policy committee at
a district campus.
(b) A group of classroom teachers at a campus may establish
a site-based school discipline policy committee by a petition
containing the signatures of at least 50 percent of the classroom
teachers at the campus. If such a petition is submitted to the
principal not later than the 10th instructional day of a school
year, the principal shall approve the establishment of the
committee.
(c) A member of a site-based school discipline policy
committee must be a full-time classroom teacher.
(d) Not later than the 20th instructional day of a school
year, the committee shall meet and elect by secret ballot an
executive board from its membership. The board shall establish
policies concerning the time and manner of committee and board
meetings.
(e) A site-based school discipline policy committee shall
establish policies regarding:
(1) discipline management and the student code of
conduct in accordance with Chapter 37;
(2) goals and methods for violence prevention and
intervention on campus;
(3) teacher and school personnel safety; and
(4) methods for teachers to address the committee or
the board regarding individual or systematic concerns in matters of
school discipline or school personnel safety.
SECTION 2C.09. Section 37.001(a), Education Code, as
amended by H.B. Nos. 283 and 603, Acts of the 79th Legislature,
Regular Session, 2005, is amended to read as follows:
(a) The board of trustees of an independent school district
shall, with the advice of its district-level committee established
under Subchapter F, Chapter 11, and of the site-based school
discipline policy committees for campuses in the district, if such
committees are established, adopt a student code of conduct for the
district. The student code of conduct must be posted and
prominently displayed at each school campus or made available for
review at the office of the campus principal. In addition to
establishing standards for student conduct, the student code of
conduct must:
(1) specify the circumstances, in accordance with this
subchapter, under which a student may be removed from a classroom,
campus, or disciplinary alternative education program;
(2) specify conditions that authorize or require a
principal or other appropriate administrator to transfer a student
to a disciplinary alternative education program;
(3) outline conditions under which a student may be
suspended as provided by Section 37.005 or expelled as provided by
Section 37.007;
(4) specify whether consideration is given, as a
factor in a decision to order suspension, removal to a disciplinary
alternative education program, or expulsion, to:
(A) self-defense;
(B) intent or lack of intent at the time the
student engaged in the conduct;
(C) a student's disciplinary history; or
(D) a disability that substantially impairs the
student's capacity to appreciate the wrongfulness of the student's
conduct;
(5) provide guidelines for setting the length of a
term of:
(A) a removal under Section 37.006; and
(B) an expulsion under Section 37.007;
(6) address the notification of a student's parent or
guardian of a violation of the student code of conduct committed by
the student that results in suspension, removal to a disciplinary
alternative education program, or expulsion;
(7) prohibit bullying, harassment, and making hit
lists and ensure that district employees enforce those
prohibitions; and
(8) provide, as appropriate for students at each grade
level, methods, including options, for:
(A) managing students in the classroom and on
school grounds;
(B) disciplining students; and
(C) preventing and intervening in student
discipline problems, including bullying, harassment, and making
hit lists.
SECTION 2C.10. Section 37.002(c), Education Code, is
amended to read as follows:
(c) If a teacher removes a student from class under
Subsection (b), the principal may place the student into another
appropriate classroom, into in-school suspension, or into a
disciplinary alternative education program as provided by Section
37.008. The principal may not return the student to that teacher's
class without the teacher's consent unless the site-based school
discipline policy committee established under Section 11.2531 or,
if such a committee is not established, the committee established
under Section 37.003 determines that such placement is the best or
only alternative available. The terms of the removal may prohibit
the student from attending or participating in school-sponsored or
school-related activity.
SECTION 2C.11. Section 37.002(d), Education Code, as
amended by H.B. No. 603, Acts of the 79th Legislature, Regular
Session, 2005, is amended to read as follows:
(d) A teacher shall remove from class and send to the
principal for placement in a disciplinary alternative education
program or for expulsion, as appropriate, a student who engages in
conduct described under Section 37.006 or 37.007. The student may
not be returned to that teacher's class without the teacher's
consent unless the site-based school discipline policy committee
established under Section 11.2531 or, if such a committee is not
established, the committee established under Section 37.003
determines that such placement is the best or only alternative
available. If the teacher removed the student from class because
the student has engaged in the elements of any offense listed in
Section 37.006(a)(2)(B) or Section 37.007(a)(2)(A) or (b)(2)(C)
against the teacher, the student may not be returned to the
teacher's class without the teacher's consent. The teacher may not
be coerced to consent.
SECTION 2C.12. Section 25.031, Education Code, is amended
to read as follows:
Sec. 25.031. ASSIGNMENTS AND TRANSFERS IN DISCRETION OF
GOVERNING BOARD. (a) In conformity with this subchapter, the board
of trustees of a school district or the board of county school
trustees or a school employee designated by the board may assign and
transfer any student from one school facility or classroom to
another within its jurisdiction.
(b) A student who transfers to a school campus other than
the campus the student would normally attend based on the student's
residence may not be subsequently transferred out of a class at that
campus before the end of a semester if the only purpose of the
subsequent transfer is to comply with the limit in Section 25.112.
A school district is not required to apply for an exception under
Section 25.112(d) for the class in which the student is enrolled.
SECTION 2C.13. Effective August 1, 2006, the heading to
Section 25.0811, Education Code, is amended to read as follows:
Sec. 25.0811. FIRST AND LAST DAY OF INSTRUCTION.
SECTION 2C.14. Effective August 1, 2006, Section
25.0811(a), Education Code, is amended to read as follows:
[(a)] A school district shall [may not] begin instruction
for students for a school year on the first Tuesday after Labor Day.
The school year must end not later than June 7 unless:
(1) the district operates a year-round system under
Section 25.084; or
(2) the commissioner grants a waiver to extend the
school year at a campus as the result of a disaster, flood, extreme
weather condition, fuel curtailment, or other calamity that caused
a closure of the campus for a significant period [before the week in
which August 21 falls. For purposes of this subsection, Sunday is
considered the first day of the week].
SECTION 2C.15. Section 25.085(e), Education Code, is
amended to read as follows:
(e) A person who voluntarily enrolls in school or
voluntarily attends school after the person's 18th birthday shall
attend school each school day for the entire period the program of
instruction is offered, and shall attend until the end of the school
year. Section 25.094 applies to a person described by this
subsection. Sections 25.093 and 25.095 do not apply to the parent
of a person described by this subsection. [A school district may
revoke for the remainder of the school year the enrollment of a
person who has more than five absences in a semester that are not
excused under Section 25.087. A person whose enrollment is revoked
under this subsection may be considered an unauthorized person on
school district grounds for purposes of Section 37.107.]
SECTION 2C.16. Subchapter Z, Chapter 25, Education Code, is
amended by adding Section 25.902 to read as follows:
Sec. 25.902. CERTAIN MANDATORY STUDENT IDENTIFICATION
METHODS PROHIBITED. (a) In this section, "radio frequency
identification technology" means a wireless identification system
that uses an electromagnetic radio frequency signal to transmit
data between a card, badge, or tag and another device without
physical contact.
(b) A school district may not require a student to use an
identification device that uses radio frequency identification
technology or similar technology to identify the student, transmit
information regarding the student, or track the location of the
student.
(c) A school district that permits the voluntary use of a
student identification device described by Subsection (b) shall
provide an alternative method of identification for a student if
the student's parent or guardian submits timely written objection
to the use of radio frequency identification technology.
SECTION 2C.17. Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.0216 to read as follows:
Sec. 28.0216. LIMITS ON ASSIGNMENT OF STUDENTS TO TEACHERS.
(a) A student in grades kindergarten through six may not be
assigned for two consecutive school years to a teacher who:
(1) has less than one year of teaching experience; or
(2) does not hold the appropriate certificate issued
by the State Board for Educator Certification.
(b) In a subject for which a student takes an assessment
instrument under Section 39.023(a) or (c), a student in grade seven
or higher may not be assigned for two consecutive school years to a
teacher who:
(1) has less than one year of teaching experience; or
(2) does not hold the appropriate certificate issued
by the State Board for Educator Certification.
SECTION 2C.18. Subchapter C, Chapter 29, Education Code, is
amended by adding Sections 29.092, 29.093, and 29.0931 to read as
follows:
Sec. 29.092. CONSOLIDATED FUNDING FOR PROGRAMS AND SERVICES
FOR STUDENTS AT RISK OF DROPPING OUT OF SCHOOL. (a) In this
section, "student at risk of dropping out of school" has the meaning
described by Section 29.081.
(b) To enable school districts and public charter districts
to provide supplemental programs and services for the benefit of
students at risk of dropping out of school, the commissioner each
school year shall award funds to a school district or public charter
district in accordance with a streamlined and simplified grant
process developed by the commissioner. To the extent practicable,
the grant process developed by the commissioner under this
subsection must comply with Subchapter E, Chapter 7.
(c) The commissioner shall consolidate funding from the
following currently funded programs and types of services,
excluding early childhood care and education programs and
accelerated reading or mathematics initiatives under Section
28.006, 28.007, or 28.0211:
(1) an optional extended year program under Section
29.082;
(2) a basic skills program for high school students
under Section 29.086;
(3) a summer school program of instruction for
students of limited English proficiency; and
(4) a grant for pregnancy-related services, including
a pregnancy, education, and parenting program.
(d) The commissioner may include grants under Section 7.024
as part of one or more consolidated grant application processes
developed under this section. The commissioner shall ensure that a
grant applied for under a consolidated application process under
this section and awarded under Section 7.024 is used only for the
purposes of Section 7.024.
(e) The commissioner may redistribute the funding of
programs described under Subsection (c) as necessary to accomplish
the purpose of improving the achievement of students at risk of
dropping out of school.
(f) A school district or public charter district that
receives an award of funds under this section may use the funds to
provide academic and support services to students at risk of
dropping out of school, including:
(1) services designed to provide intensive academic
instruction to increase student success and high school completion;
(2) services designed to provide intensive academic
instruction for and reduce the dropout rate of students at risk of
dropping out of school;
(3) after-school academic and support services;
(4) intensive instruction for preschool and
school-age students of limited English proficiency;
(5) any academic or support services for pregnant or
parenting students, including basic instruction and health and life
skills training and support for pregnant or parenting students;
(6) community-based services designed to address the
needs of students at risk of dropping out of school;
(7) programs or services designed to promote the
involvement of parents of students at risk of dropping out of
school; and
(8) services or programs promoting school and
community collaboration to restructure schools for the successful
achievement of all students, especially students at risk of
dropping out of school.
(g) The agency shall make available research-based guidance
to school districts and public charter districts to enable
successful implementation of the academic and support services
described by Subsection (f) that assist students at risk of
dropping out of school to succeed in school.
(h) Not later than November 1 of each year, a school
district or public charter district may submit an application for
funding for programs or services under this section. The school
district or public charter district must include an assessment of
needs for students at risk of dropping out of school, a
comprehensive plan for providing services for those students based
on the agency's research-based implementation guidance provided
under Subsection (g), and a report of all sources of funding for
providing services for those students. The commissioner shall
distribute an award of funds in the form of a block grant not later
than March 15 of each year.
Sec. 29.093. COST-OUTCOME ANALYSIS. (a) The agency and the
Legislative Budget Board shall jointly develop a request for
proposals for a qualified third party to conduct a comprehensive
cost-outcome analysis of federal and state funding for programs
targeting students at risk of dropping out of school, as described
by Section 29.081, and the impact of those programs on student
achievement outcomes. In order to be qualified under this section,
a party must at a minimum have experience in educational program
evaluation and statistical analysis of public education data.
(b) The cost-outcome methodology developed by the
contractor under this section is subject to joint review and
approval by the agency and the Legislative Budget Board. The
cost-outcome analysis at a minimum must consist of the following
components:
(1) a methodology for assessing the
cost-effectiveness of individual school districts and public
charter districts in providing services to students at risk of
dropping out of school;
(2) performance measures that can be used to assess
the effectiveness of school districts and public charter districts
in administering academic and social service programs for students
at risk of dropping out of school;
(3) a methodology for evaluating best practices in
providing effective services for students at risk of dropping out
of school;
(4) a statistical methodology for:
(A) controlling for differences among individual
school districts and public charter districts that are not related
to funding streams included in the cost-outcome analysis; and
(B) disaggregating data by peer groups;
(5) a methodology for computing the relative impact of
funding sources on student achievement outcomes; and
(6) a methodology for reporting disaggregated results
for students at risk of dropping out of school.
(c) The agency and the Legislative Budget Board shall:
(1) not later than December 1 of each year:
(A) report findings from the cost-outcome
analysis to the lieutenant governor, the speaker of the house of
representatives, and the presiding officer of the standing
committee of each house of the legislature with primary
jurisdiction over public education, including data related to the
feasibility of constructing a cost-effectiveness measure for
school districts and public charter districts;
(B) make recommendations for the potential use of
the data, including the best methods to disseminate the information
to parents and school districts and public charter districts; and
(C) make the report and recommendations
described by Paragraphs (A) and (B) available to the public; and
(2) during the 2006-2007 school year, develop a plan
to implement the cost-outcome methodology to assess the
effectiveness of school districts and public charter districts in
providing services during the 2007-2008 school year to students at
risk of dropping out of school.
(d) During the state fiscal biennium beginning September 1,
2005, the commissioner shall retain an amount not to exceed
$500,000 from the total amount of funds allotted under the
Foundation School Program to finance the comprehensive
cost-outcome analysis and shall reduce the total amount of state
funds allocated to each district from any source in the same manner
described for a reduction in allotments under Section 42.313.
(e) This section expires September 1, 2010.
Sec. 29.0931. TEMPORARY PROVISION: COMMISSIONER'S
COST-OUTCOME ANALYSIS. (a) The commissioner shall adopt a
cost-outcome analysis methodology for use in assessing the
effectiveness of school districts and public charter districts in
providing services for students at risk of dropping out of school,
as described by Section 29.081. The commissioner shall use the
adopted methodology until the commissioner determines that an
alternate methodology approved by the agency and the Legislative
Budget Board under Section 29.093(b) more accurately portrays the
cost-effectiveness of the analyzed services.
(b) The methodology adopted by the commissioner must
include the following components:
(1) a composite performance measure that combines key
indicators of student performance, disaggregated for students at
risk of dropping out of school;
(2) a format for reporting all state, federal, local,
and private sources of funding and total expenditures for
supplemental services for students at risk of dropping out of
school, reported by school district, public charter district, and
statewide; and
(3) a system for scoring and ranking school districts
and public charter districts, including criteria for establishing
school district and public charter district peer groups for
comparison purposes.
(c) Based on the cost-outcome analysis methodology, the
commissioner shall use the ranking system under Subsection (b)(3)
to determine annually the level at which school districts and
public charter districts are cost-effective in serving students at
risk of dropping out of school.
(d) Not later than December 1 of each year, the commissioner
shall:
(1) report the methodology and the results of the
cost-outcome analysis to the lieutenant governor, the speaker of
the house of representatives, and the presiding officer of the
standing committee of each house of the legislature with primary
jurisdiction over public education; and
(2) make the report under Subdivision (1) available to
the public.
(e) This section expires on the earlier of the approval of a
cost-outcome methodology by the agency and the Legislative Budget
Board under Section 29.093(b) or September 1, 2010.
SECTION 2C.19. Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.087 to read as follows:
Sec. 33.087. ELIGIBILITY OF STUDENTS PARTICIPATING IN JOINT
CREDIT OR CONCURRENT ENROLLMENT PROGRAMS. A student otherwise
eligible to participate in an extracurricular activity or a
University Interscholastic League competition is not ineligible
because the student is enrolled in a course offered for joint high
school and college credit or in a course offered under a concurrent
enrollment program, regardless of the location at which the course
is provided.
SECTION 2C.20. Subchapter A, Chapter 44, Education Code, is
amended by adding Section 44.011 to read as follows:
Sec. 44.011. EXPENDITURES FOR DIRECT INSTRUCTIONAL
ACTIVITIES. (a) A school district shall allocate at least 65
percent of the district's total revenue to fund direct
instructional activities in the district.
(a-1) Subsection (a) applies beginning with the 2008–2009
school year. For the 2005–2006, 2006-2007, and 2007-2008 school
years, a school district shall allocate the following percentages
of the district's total revenue to fund direct instructional
activities in the district:
(1) for the 2005-2006 school year, at least 50
percent;
(2) for the 2006-2007 school year, at least 55
percent; and
(3) for the 2007-2008 school year, at least 60
percent.
(a-2) Subsection (a-1) and this subsection expire August 1,
2008.
(b) For purposes of this section, expenditures for direct
instructional activities:
(1) include expenditures directly related to
classroom instruction for courses in the foundation curriculum
described by Section 28.002(a)(1) and subject to assessment under
Subchapter B, Chapter 39; and
(2) do not include expenditures directly related to
programs and services that are provided at the district's
discretion.
(c) The commissioner may adopt rules for purposes of this
section in a manner consistent with Subsection (b) and Section
44.0071.
SECTION 2C.21. Subchapter B, Chapter 44, Education Code, is
amended by adding Section 44.047 to read as follows:
Sec. 44.047. CERTAIN SCHOOL DISTRICT SERVICE CONTRACTS
INVOLVING SUPERINTENDENTS PROHIBITED. (a) In this section,
"business entity" has the meaning assigned by Section 171.001,
Local Government Code.
(b) For purposes of this section, a superintendent or a
retired superintendent has a substantial interest in a business
entity if the superintendent would have a substantial interest in
that business entity under Section 171.002(a), Local Government
Code.
(c) The commissioner shall adopt rules prohibiting the
board of trustees of a school district from entering into, with the
superintendent, with a person who has retired from service as the
superintendent of the district during the three-year period
preceding the date on which the contract is entered into, or with a
business entity in which the superintendent or retired
superintendent has a substantial interest, a contract under which
the district agrees to pay for services provided to the district.
(d) The rules adopted by the commissioner under Subsection
(c) must allow a person who has retired from service as the
superintendent of a school district to provide consulting services
to the district until the six-month anniversary of the date of the
person's retirement.
SECTION 2C.22. Section 42.002(a), Election Code, as amended
by H.B. No. 1209, Acts of the 79th Legislature, Regular Session,
2005, is amended to read as follows:
(a) The county election precincts are the election
precincts for the following elections:
(1) the general election for state and county
officers;
(2) a special election ordered by the governor;
(3) a primary election;
(4) a countywide election ordered by the commissioners
court, county judge, or other county authority, except an election
subject to Section 42.062(2); [and]
(5) any other election of a political subdivision not
located in a county with a population of more than 3.3 million or a
county adjacent to a county with a population of more than 3.3
million held on the November uniform election date, as provided by
Section 42.0621; and
(6) an election held by a school district on the
November uniform election date, as provided by Section 42.0622.
SECTION 2C.23. Subchapter C, Chapter 42, Election Code, is
amended by adding Section 42.0622 to read as follows:
Sec. 42.0622. PRECINCTS FOR NOVEMBER SCHOOL DISTRICT
ELECTION. (a) A school district that holds an election on the
November uniform election date shall use the regular county
election precincts.
(b) If an election precinct contains territory from more
than one school district or more than one district used to elect a
member of the governing body of a school district, election
officials shall take reasonable measures to ensure that a voter
voting at that precinct may not vote in an election in which the
voter is not entitled to vote.
(c) This section does not require a school district to
contract with a county under Section 31.092 or hold a joint election
with a county under Chapter 271.
(d) The secretary of state shall prescribe procedures to
implement this section.
SECTION 2C.24. Section 43.004, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) If a school district holds an election on the November
uniform election date, the school district shall designate as the
polling places for the election the regular county polling places
in the county election precincts that contain territory from the
school district.
SECTION 2C.25. (a) Section 11.059, Education Code, as
amended by this Act, applies to a school district trustee election
scheduled to be held on or after November 8, 2005.
(b) Except as provided by Subsection (c) of this section, a
school district trustee election that on the effective date of this
Act is scheduled to be held on November 8, 2005, or May 6, 2006, must
be held on November 7, 2006.
(c) If, under Subsection (b) of this section, the positions
of more than one-half of the trustees or as near to one-half as
possible would be scheduled for election on November 7, 2006, the
trustees holding those positions shall draw lots to determine, as
appropriate, which positions are subject to election in 2006 and
which are subject to election in 2008.
(d) To implement the changes made to Section 11.059,
Education Code, as amended by this Act, a person may serve a term as
school district trustee that is longer than the term for which the
person was elected.
SECTION 2C.26. Section 11.066, Education Code, as added by
this Act, applies only to trustee attendance at a board of trustees
meeting held on or after the effective date of this Act. Trustee
attendance at a board of trustees meeting held before the effective
date of this Act is governed by the law in effect when the meeting
was held, and the former law is continued in effect for that
purpose.
SECTION 2C.27. Section 11.201(e), Education Code, as added
by this Act, applies only to a contract between a superintendent of
a school district and a business entity that is entered into on or
after September 1, 2005. A contract between a superintendent of a
school district and a business entity that is entered into before
September 1, 2005, is governed by the law in effect on the date the
contract is entered into, and the former law is continued in effect
for that purpose.
SECTION 2C.28. Section 11.253(d), Education Code, as
amended by this Act, applies to campus improvement plans beginning
with the 2006-2007 school year.
SECTION 2C.29. Section 44.047, Education Code, as added by
this Act, applies only to a contract executed on or after the
effective date of this Act. A contract executed before the
effective date of this Act is governed by the law as it existed on
the date the contract was executed, and the former law is continued
in effect for that purpose.
SECTION 2C.30. Not later than January 1, 2007, the Texas
Education Agency shall adopt a five-year plan to renovate the
Public Education Information Management System (PEIMS) to provide
for efficient and effective information storage and retrieval for
the purposes of allocating scarce school resources. The renovation
must include a redesign of the records layout.
PART D. ACCOUNTABILITY
SECTION 2D.01. Subchapter A, Chapter 7, Education Code, is
amended by adding Section 7.0071 to read as follows:
Sec. 7.0071. PUBLIC ACCESS TO PEIMS DATA. (a) The
commissioner by rule shall adopt procedures to make available in
English and Spanish, through the agency Internet website, all
financial information provided by school districts and campuses
through the Public Education Information Management System
(PEIMS), including campus-level expenditure information.
(b) In adopting rules under this section, the commissioner
shall provide a summarized format for reporting financial
information on the agency Internet website.
SECTION 2D.02. Section 28.006(j), Education Code, is
amended to read as follows:
(j) No more than 15 percent of the funds certified by the
commissioner under Subsection (i) may be spent on indirect costs.
The commissioner shall evaluate the programs that fail to meet the
standard of performance under Section 39.051(b)(10) [39.051(b)(7)]
and may implement sanctions under Subchapter G, Chapter 39. The
commissioner may audit the expenditures of funds appropriated for
purposes of this section. The use of the funds appropriated for
purposes of this section shall be verified as part of the district
audit under Section 44.008.
SECTION 2D.03. Subchapter A, Chapter 7, Education Code, is
amended by adding Section 7.010 to read as follows:
Sec. 7.010. BEST PRACTICES; CLEARINGHOUSE. (a) In
coordination with the Legislative Budget Board and with the
assistance of the centers of education research established under
Section 1.005, the agency shall establish an online clearinghouse
of information relating to best practices of campuses and school
districts regarding instruction, resource allocation, and business
practices. To the extent practicable, the agency shall ensure that
information provided through the online clearinghouse is specific,
actionable information relating to the best practices of
high-performing and highly efficient campuses and school districts
rather than general guidelines relating to campus and school
district operation. The information must be provided in English and
Spanish and shall be accessible by campuses, school districts, and
interested members of the public.
(b) The agency shall solicit and collect from the
Legislative Budget Board, centers of education research
established under Section 1.005, and exemplary or recognized school
districts and public charter districts, as rated under Section
39.072, examples of best practices relating to instruction,
resource allocation, and business practices, including best
practices relating to curriculum, scope and sequence, compensation
and incentive systems, bilingual education and special language
programs, and the effective use of instructional technology,
including online courses.
(c) The agency may contract for the services of one or more
third-party contractors to develop and implement a system of
collecting and evaluating the best practices of campuses and school
districts as provided by this section. In addition to any other
considerations required by law, the agency must consider an
applicant's demonstrated competence and qualifications in
analyzing campus and school district practices in awarding a
contract under this subsection.
(d) The agency shall implement this section not later than
September 1, 2006. This subsection expires January 1, 2007.
SECTION 2D.04. Subchapter A, Chapter 11, Education Code, is
amended by adding Section 11.004 to read as follows:
Sec. 11.004. APPLICABILITY OF TITLE TO EXEMPLARY DISTRICTS
AND CAMPUSES. A school district or campus rated exemplary under
Section 39.072 is subject only to the prohibitions, restrictions,
and requirements of this title that apply to a public charter
district under Section 11A.052(b) as approved by the commissioner.
SECTION 2D.05. Section 25.005(b), Education Code, is
amended to read as follows:
(b) A reciprocity agreement must:
(1) address procedures for:
(A) transferring student records;
(B) awarding credit for completed course work;
and
(C) permitting a student to satisfy the
requirements of Section 39.025 through successful performance on
comparable end-of-course or other exit-level assessment
instruments administered in another state; and
(2) include appropriate criteria developed by the
agency.
SECTION 2D.06. The heading to Section 28.0211, Education
Code, is amended to read as follows:
Sec. 28.0211. SATISFACTORY PERFORMANCE ON ASSESSMENT
INSTRUMENTS REQUIRED FOR PROMOTION TO CERTAIN GRADE LEVELS;
ACCELERATED INSTRUCTION.
SECTION 2D.07. Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.0215 to read as follows:
Sec. 28.0215. SATISFACTORY PERFORMANCE REQUIRED:
END-OF-COURSE ASSESSMENT INSTRUMENTS. (a) A student may not
receive course credit for a course described by Section 39.023(c)
unless the student performs satisfactorily on the end-of-course
assessment instrument for the course.
(b) The commissioner may adopt rules establishing a
procedure for a student who did not perform satisfactorily on an
end-of-course assessment instrument to retake the assessment
instrument and obtain course credit.
SECTION 2D.08. Section 28.025, Education Code, as amended
by H.B. No. 25, Acts of the 79th Legislature, Regular Session, 2005,
is amended by amending Subsections (c), (d), and (e) and adding
Subsection (f) to read as follows:
(c) A person may receive a diploma if the person is eligible
for a diploma under Section 28.0251. In other cases, a student may
graduate and receive a diploma only if[:
[(1)] the student successfully completes:
(1) the curriculum requirements identified by the
State Board of Education under Subsection (a) [and complies with
Section 39.025]; or
(2) [the student successfully completes] an
individualized education program developed under Section 29.005.
(d) Except as provided by Section 39.0241, a person may not
receive a diploma unless the person complies with Section 39.025.
For each year in which a person must comply with Section 39.025 to
receive a diploma, a [A] school district may issue a certificate of
coursework completion to a student who successfully completes the
curriculum requirements identified by the State Board of Education
under Subsection (a) but who fails to comply with Section 39.025. A
school district may allow a student who receives a certificate to
participate in a graduation ceremony with students receiving high
school diplomas. This subsection ceases to apply on the date the
commissioner certifies that the implementation of amendments made
by __.B. No. __, Acts of the 79th Legislature, 1st Called Session,
2005, to Sections 39.023(a) and (c) and 39.051(b) is complete under
the transition plan adopted under Section 39.0241. This subsection
expires September 1, 2011.
(e) Each school district shall report the academic
achievement record of students who have completed a minimum,
recommended, or advanced high school program on transcript forms
adopted by the State Board of Education. The transcript forms
adopted by the board must be designed to clearly differentiate
between each of the high school programs.
(f) The transcript forms adopted by the State Board of
Education under Subsection (e) must be designed to [and] identify
whether a student received a diploma or a certificate of coursework
completion. This subsection expires September 1, 2012.
SECTION 2D.09. Section 28.026, Education Code, is amended
to read as follows:
Sec. 28.026. NOTICE OF AUTOMATIC COLLEGE ADMISSION. (a)
The board of trustees of a school district shall require each high
school in the district to post appropriate signs in each
counselor's office, in each principal's office, and in each
administrative building indicating the substance of Section 51.803
regarding automatic college admission. To assist in the
dissemination of this information, the school district shall:
(1) require that each high school counselor and class
advisor be provided a detailed explanation of the substance of
Section 51.803;
(2) require that each high school counselor and senior
class advisor explain to eligible students the substance of Section
51.803; and
(3) not later than the 14th day after the last day of
classes for the fall semester or an equivalent date in the case of a
school operated on a year-round system under Section 25.084,
provide each eligible senior student under Section 51.803 and the
student's parent or guardian[, at the commencement of a class's
senior year,] with a written notification of the student's
eligibility with a detailed explanation in plain language of the
substance of Section 51.803.
(b) The agency shall adopt a form to use in providing notice
under Subsection (a)(3). The notice to a student and the student's
parent or guardian must be on a single form. The form may contain
one or more signature lines to indicate receipt of notice by the
student or the student's parent or guardian. In providing notice
under Subsection (a)(3), a school district shall use the form
adopted by the agency.
SECTION 2D.10. Sections 29.053(b) and (d), Education Code,
are amended to read as follows:
(b) Within the first five [four] weeks following the first
day of school, the language proficiency assessment committee
established under Section 29.063 shall determine and report to the
board of trustees of the district the number of students of limited
English proficiency on each campus and shall classify each student
according to the language in which the student possesses primary
proficiency. The board shall report that information to the agency
before November 1 each year.
(d) Each district that is required to offer bilingual
education and special language programs under this section shall
offer the following for students of limited English proficiency:
(1) bilingual education in prekindergarten at
campuses that offer prekindergarten classes;
(2) bilingual education in kindergarten through the
elementary grades;
(3) [(2)] bilingual education, instruction in English
as a second language, or other transitional language instruction
approved by the agency in post-elementary grades through grade 8;
and
(4) [(3)] instruction in English as a second language
in grades 9 through 12.
SECTION 2D.11. Section 29.081(b), Education Code, is
amended to read as follows:
(b) Each district shall provide accelerated instruction to
a student enrolled in the district who has taken an end-of-course
[the secondary exit-level] assessment instrument administered
under Section 39.023(c) and has not performed satisfactorily on the
assessment instrument [each section] or who is at risk of dropping
out of school.
SECTION 2D.12. Subchapter C, Chapter 29, Education Code, is
amended by adding Section 29.0822 to read as follows:
Sec. 29.0822. OPTIONAL FLEXIBLE SCHOOL DAY PROGRAM. (a)
Notwithstanding Section 25.081 or 25.082, a school district may
provide a flexible school day program for students in grades nine
through 12 who have dropped out of school or who are at risk of
dropping out of school as defined by Section 29.081.
(b) To enable a school district to provide a program under
this section that meets the needs of students described by
Subsection (a), a school district may:
(1) provide flexibility in the number of hours each
day a student attends;
(2) provide flexibility in the number of days each
week a student attends; or
(3) allow a student to enroll in less or more than a
full course load.
(c) A course offered in a program under this section must
provide for at least the same number of instructional hours as
required for a course offered in a program that meets the required
minimum number of instructional days under Section 25.081 and the
required length of school day under Section 25.082.
(d) The commissioner may adopt rules for the administration
of this section. The commissioner shall calculate average daily
attendance for students served under this section. The
commissioner shall allow accumulations of hours of instruction for
students whose schedule would not otherwise allow full state
funding. Funding under this subsection shall be determined based
on the number of instructional days in the district calendar and a
seven-hour school day, but attendance may be cumulated over a
school year, inclusive of any summer or vacation sessions. The
attendance of students who accumulate less than the number of
attendance hours required under this subsection shall be
proportionately reduced for funding purposes. The commissioner may
set maximum funding amounts for an individual course under this
section.
SECTION 2D.13. Section 29.187(b), Education Code, is
amended to read as follows:
(b) An award granted under this section is not in lieu of a
diploma [or certificate of coursework completion] issued under
Section 28.025.
SECTION 2D.14. Section 29.202, Education Code, is amended
to read as follows:
Sec. 29.202. ELIGIBILITY. (a) In this section, "adequate
yearly progress standard" means a standard:
(1) determined by the commissioner and approved by the
United States Department of Education as provided by the No Child
Left Behind Act of 2001 (Pub. L. No. 107-110); and
(2) used to measure various indicators of educational
success to determine the progress of a campus towards academic
achievement.
(b) A student is eligible to receive a public education
grant or to attend another public school in the district in which
the student resides under this subchapter if the student is
assigned to attend a public school campus:
(1) at which 50 percent or more of the students did not
perform satisfactorily on an assessment instrument administered
under Section 39.023(a) or (c) in any two of the preceding three
years; [or]
(2) that was, at any time in the preceding three years,
considered academically unacceptable [low-performing] under
Section 39.132; or
(3) that has not met the adequate yearly progress
standard for the same indicator of educational success for the
preceding two years.
(c) [(b)] After a student has used a public education grant
to attend a school in a district other than the district in which
the student resides,[:
[(1)] the student does not become ineligible for the
grant if the school on which the student's initial eligibility is
based no longer meets the criteria under Subsection (b) [(a); and
[(2) the student becomes ineligible for the grant if
the student is assigned to attend a school that does not meet the
criteria under Subsection (a)].
SECTION 2D.15. Subchapter G, Chapter 29, Education Code, is
amended by adding Section 29.2021 to read as follows:
Sec. 29.2021. CONFLICT OF LAWS. To the extent of a conflict
between this subchapter and a provision of Section 1116, No Child
Left Behind Act of 2001 (20 U.S.C. Section 6316), the No Child Left
Behind Act of 2001 prevails.
SECTION 2D.16. Section 29.203(f), Education Code, is
amended to read as follows:
(f) The school district in which a student resides shall
provide each student attending a school in another district under
this subchapter transportation free of charge to and from the
school the student would otherwise attend, except as provided by
Section 1116, No Child Left Behind Act of 2001 (20 U.S.C. Section
6316).
SECTION 2D.17. Section 30.021(e), Education Code, is
amended to read as follows:
(e) The school shall cooperate with public and private
agencies and organizations serving students and other persons with
visual impairments in the planning, development, and
implementation of effective educational and rehabilitative service
delivery systems associated with educating students with visual
impairments. To maximize and make efficient use of state
facilities, funding, and resources, the services provided in this
area may include conducting a cooperative program with other
agencies to serve students who have graduated from high school by
completing all academic requirements applicable to students in
regular education, excluding satisfactory performance on the
end-of-course [exit-level] assessment instruments required by
commissioner rule under Section 39.023(c) [instrument], who are
younger than 22 years of age on September 1 of the school year and
who have identified needs related to vocational training,
independent living skills, orientation and mobility, social and
leisure skills, compensatory skills, or remedial academic skills.
SECTION 2D.18. Subchapter Z, Chapter 29, Education Code, is
amended by adding Section 29.913 to read as follows:
Sec. 29.913. "EDUCATION. GO GET IT" WEEK. (a) To educate
middle school, junior high school, and high school students about
the importance of higher education, each school district and each
open-enrollment charter school offering those grades shall
designate one week during the school year as "Education. Go Get It"
Week.
(b) During the designated week, each middle school, junior
high school, and high school shall provide students with
comprehensive grade-appropriate information regarding the pursuit
of higher education. The information provided must include
information regarding:
(1) higher education options available to students;
(2) standard admission requirements for institutions
of higher education, including:
(A) overall high school grade point average;
(B) required curriculum; and
(C) scores necessary on generally recognized
tests or assessments used in admissions determinations, including
the Scholastic Assessment Test and the American College Test;
(3) automatic admission of certain students to general
academic teaching institutions as provided by Section 51.803; and
(4) financial aid availability and requirements,
including the financial aid information provided by counselors
under Section 33.007(b).
(c) In addition to the information provided under
Subsection (b), each middle school, junior high school, and high
school shall provide to the students during the designated week at
least one public speaker to promote the importance of higher
education.
SECTION 2D.19. Sections 30.104(b) and (c), Education Code,
as amended by H.B. No. 25, Acts of the 79th Legislature, Regular
Session, 2005, are amended to read as follows:
(b) A student may graduate and receive a diploma from a
Texas Youth Commission educational program if[:
[(1)] the student successfully completes:
(1) the curriculum requirements identified by the
State Board of Education under Section 28.025(a) [and complies with
Section 39.025]; or
(2) [the student successfully completes] the
curriculum requirements under Section 28.025(a) as modified by an
individualized education program developed under Section 29.005.
(c) Except as provided by Section 39.0241, a person may not
receive a diploma unless the person complies with Section 39.025.
For each year in which a person must comply with Section 39.025 to
receive a diploma, a [A] Texas Youth Commission educational program
may issue a certificate of course-work completion to a student who
successfully completes the curriculum requirements identified by
the State Board of Education under Section 28.025(a) but who fails
to comply with Section 39.025. This subsection ceases to apply on
the date the commissioner certifies that the implementation of the
amendments made by __.B. No. __, Acts of the 79th Legislature, 1st
Called Session, 2005, to Sections 39.023(a) and (c) and 39.051(b)
is complete under the transition plan adopted under Section
39.0241. This subsection expires September 1, 2012.
SECTION 2D.20. Section 39.022, Education Code, is amended
to read as follows:
Sec. 39.022. ASSESSMENT PROGRAM. (a) The State Board of
Education by rule shall create and implement a statewide assessment
program that is knowledge- and skills-based to ensure school
accountability for student achievement that achieves the goals
provided under Section 4.002. After adopting rules under this
section, the State Board of Education shall consider the importance
of maintaining stability in the statewide assessment program when
adopting any subsequent modification of the rules.
(b) The commissioner by rule shall provide for the
administration of assessment instruments under this subchapter.
SECTION 2D.21. Section 39.023, Education Code, is amended
by amending Subsections (a)-(e), (i), and (l)-(n) and adding
Subsections (a-1), (b-1), and (e-1) to read as follows:
(a) The agency shall adopt or develop appropriate
criterion-referenced assessment instruments designed to assess
essential knowledge and skills in reading, writing, mathematics,
social studies, and science. All students, except students
assessed under Subsection (b) or (l) or exempted under Section
39.027, shall be assessed in:
(1) mathematics, annually in grades three through
seven without the aid of technology and in grade [grades] eight
[through 11] with the aid of technology on any assessment
instruments that include algebra;
(2) reading, annually in grades three through eight
[nine];
(3) writing, including spelling and grammar, in grades
four and seven;
(4) [English language arts, in grade 10;
[(5)] social studies, in grade [grades] eight [and
10];
(5) [(6)] science, in grades five and[,] eight[, and
10]; and
(6) [(7)] any other subject and grade required by
federal law.
(a-1) An assessment instrument under this section may
include questions that test a broader range of knowledge and skills
or that are at a higher difficulty level for the purpose of
differentiating student achievement. A student may not be required
to answer a question described by this subsection correctly to
perform satisfactorily on the assessment instrument or to be
promoted to the next grade level. To ensure a valid bank of
questions for use each year, the agency is not required to release a
question that is being field-tested until after the fifth school
year the question is used on an assessment instrument administered
under this section.
(b) The agency shall develop or adopt appropriate
criterion-referenced assessment instruments to be administered to
each student in a special education program under Subchapter A,
Chapter 29, who receives modified instruction in the essential
knowledge and skills identified under Section 28.002 for the
assessed subject but for whom an assessment instrument adopted
under Subsection (a), even with allowable accommodations
[modifications], would not provide an appropriate measure of
student achievement, as determined by the student's admission,
review, and dismissal committee. The assessment instruments
required under this subsection must assess essential knowledge and
skills [and growth] in the subjects of reading, mathematics, and
writing and any other subject required by federal law. A student's
admission, review, and dismissal committee shall determine whether
any allowable accommodation [modification] is necessary in
administering to the student an assessment instrument required
under this subsection or whether an alternate assessment instrument
must be used to measure alternate academic achievement standards.
A student's admission, review, and dismissal committee shall
determine the high school graduation assessment requirements for a
student in a special education program under Subchapter A, Chapter
29, and may use local alternative assessment instruments if
multiple testing opportunities are not available for a student. To
the extent practicable, the [The] assessment instruments required
under this subsection shall be administered on the same schedule as
the assessment instruments administered under Subsection (a). The
commissioner shall adopt rules to implement this subsection.
(b-1) The agency shall adopt or develop appropriate
criterion-referenced instruments as required by federal law
designed to measure alternate academic achievement standards for
students in a special education program under Subchapter A, Chapter
29, with the most significant cognitive disabilities.
(c) The agency shall also adopt end-of-course [secondary
exit-level] assessment instruments for secondary-level courses in
Algebra I, Algebra II, Geometry, Biology, Chemistry, Physics,
Integrated Physics and Chemistry, English I, English II, English
III, English IV, World Geography, World History, United States
History, and any other course as determined by rule by the
commissioner [designed to be administered to students in grade 11
to assess essential knowledge and skills in mathematics, English
language arts, social studies, and science. The mathematics
section must include at least Algebra I and geometry with the aid of
technology. The English language arts section must include at
least English III and must include the assessment of essential
knowledge and skills in writing. The social studies section must
include early American and United States history. The science
section must include at least biology and integrated chemistry and
physics. The assessment instruments must be designed to assess a
student's mastery of minimum skills necessary for high school
graduation and readiness to enroll in an institution of higher
education]. If a student is in a special education program under
Subchapter A, Chapter 29, the student's admission, review, and
dismissal committee shall determine whether any allowable
accommodation [modification] is necessary in administering to the
student an assessment instrument required under this subsection [or
whether the student should be exempted under Section 39.027(a)(2)].
The State Board of Education shall administer the assessment
instruments. The State Board of Education shall adopt a schedule
for the administration of end-of-course [secondary exit-level]
assessment instruments. [Each student who did not perform
satisfactorily on any secondary exit-level assessment instrument
when initially tested shall be given multiple opportunities to
retake that assessment instrument.] A student who performs at or
above a level established by the Texas Higher Education
Coordinating Board on the end-of-course [secondary exit-level]
assessment instruments is exempt from the requirements of Section
51.3062 [51.306]. The performance level established by the Texas
Higher Education Coordinating Board under this subsection
represents the level of academic achievement indicating a student
is prepared for college course work. The performance level may be
used as an indicator to measure progress toward college
preparedness of public school students in this state.
(d) The commissioner may participate in multistate efforts
to develop voluntary standardized end-of-course assessment
instruments. The commissioner by rule may require a school
district to administer an end-of-course assessment instrument
developed through the multistate efforts. The admission, review,
and dismissal committee of a student in a special education program
under Subchapter A, Chapter 29, shall determine whether any
allowable accommodation [modification] is necessary in
administering to the student an end-of-course assessment
instrument or whether the student should be exempted [under Section
39.027(a)(2)].
(e) Under rules adopted by the State Board of Education:
(1) the agency shall release to each school district
questions and answer keys to each assessment instrument
administered under Subsections (a), (b), (c), and (l) and Section
39.027 not later than the 30th day after the date results are
released for that year under Subsection (h) or another law or rule,
as applicable; and
(2) [,] every other year, the agency shall release the
questions and answer keys to each assessment instrument
administered under Subsection [(a), (b), (c),] (d)[, or (l)] after
the last time the instrument is administered for that school year.
(e-1) To ensure a valid bank of questions for use in
assessment instruments administered under Subsection (a), (b),
(c), (d), or (l) or Section 39.027 each year, the agency is not
required under Subsection (e) to release a question that is being
field-tested and was not used to compute the student's score on the
instrument. The agency, under board rule, shall [also] release,
after the last time an assessment instrument is administered for
that school year[, under board rule], each question that is no
longer being field-tested and that was not used to compute a
student's score.
(i) The provisions of this section, except Subsection (d),
are subject to modification by rules adopted under Section 39.022.
Each assessment instrument adopted or developed under this section
[those rules and each assessment instrument required under
Subsection (d)] must be reliable and valid and must meet any
applicable federal requirements for measurement of student
progress.
(l) The agency [State Board of Education] shall adopt or
develop a Spanish version [rules for the administration] of the
assessment instruments adopted under Subsection (a) for [in Spanish
to] students in grades three through six who are of limited English
proficiency, as defined by Section 29.052, whose primary language
is Spanish, and who are not otherwise exempt from the
administration of an assessment instrument under Section 39.027
[39.027(a)(3) or (4)]. Each student of limited English proficiency
whose primary language is Spanish, other than a student to whom
Subsection (b) or (b-1) applies, may be assessed using assessment
instruments in Spanish under this subsection for up to three years
or assessment instruments in English under Subsection (a). The
language proficiency assessment committee established under
Section 29.063 shall determine which students are administered
assessment instruments in Spanish under this subsection.
(m) The commissioner by rule shall develop procedures under
which the language proficiency assessment committee established
under Section 29.063 shall determine which students in grades three
through 10 are exempt from the administration of the assessment
instruments under Section 39.027 [39.027(a)(3) and (4)]. The rules
adopted under this subsection shall ensure that the language
proficiency assessment committee provides that the exempted
students are administered the assessment instruments under
Subsections (a) and (c) at the earliest practical date. As
necessary to comply with federal requirements, the commissioner by
rule shall develop procedures under which a student who is exempt
from the administration of an assessment instrument under Section
39.027 is administered a linguistically accommodated assessment
instrument.
(n) This subsection applies only to a student who is
determined to have dyslexia or a related disorder and who is an
individual with a disability under 29 U.S.C. Section 705(20) [and
its subsequent amendments]. The agency shall adopt or develop
appropriate [criterion-referenced] assessment administration
procedures, including accommodations for a [instruments designed
to assess the ability of and to be administered to each] student to
whom this subsection applies. The [for whom the assessment
instruments adopted under Subsection (a), even with allowable
modifications, would not provide an appropriate measure of student
achievement, as determined by the] committee established by the
board of trustees of the district to determine the placement of
students with dyslexia or related disorders[. The committee] shall
determine whether the [any] allowable accommodations are
[modification is] necessary in administering to a student an
assessment instrument required under this section [subsection. The
assessment instruments required under this subsection shall be
administered on the same schedule as the assessment instruments
administered under Subsection (a)].
SECTION 2D.22. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0232 to read as follows:
Sec. 39.0232. COMPUTER-ADAPTIVE ASSESSMENT. (a) To the
extent practicable and appropriate, the agency shall provide for
assessment instruments required under Section 39.023 to be designed
so that those assessment instruments can be computer-adaptive.
(b) To the extent practicable and appropriate, the agency
shall require school districts to administer to students the
computer-adaptive assessment instruments.
(c) The agency shall implement this section not later than
March 1, 2006. This subsection expires September 1, 2006.
SECTION 2D.23. Sections 39.024(a) and (c), Education Code,
are amended to read as follows:
(a) Except as otherwise provided by this subsection, the
State Board of Education shall determine the level of performance
considered to be satisfactory on the assessment instruments
administered under Section 39.023. The commissioner by rule
[admission, review, and dismissal committee of a student being
assessed under Section 39.023(b)] shall determine the level of
performance considered to be satisfactory on the assessment
instruments administered under Section 39.023(b) or (b-1) [to that
student] in accordance with applicable federal requirements
[criteria established by agency rule].
(c) The agency shall develop study guides for the assessment
instruments administered under Sections 39.023(a) and (l) [(c)].
To assist parents in providing assistance during the period that
school is recessed for summer, each school district shall
distribute the study guides to parents of students who do not
perform satisfactorily on one or more parts of the [an] assessment
instrument [administered under this subchapter].
SECTION 2D.24. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0241 to read as follows:
Sec. 39.0241. TRANSITION PLAN FOR USE OF ASSESSMENT
INSTRUMENTS. (a) The commissioner shall by rule adopt a transition
plan to implement the amendments made by __.B. No. __, Acts of the
79th Legislature, 1st Called Session, 2005, relating to
end-of-course assessment instruments, including Sections 39.023(a)
and (c) and 39.051(b)(5). The rules must provide for the
administration of end-of-course assessment instruments adopted
under Section 39.023(c) to begin during the 2009-2010 school year.
During the period under which the transition to end-of-course
assessment instruments is made:
(1) the commissioner may retain, administer, and use
for campus and district ratings under Subchapter D the assessment
instruments required by Section 39.023(a) or (c), as that section
existed before amendment by __.B. No. __, Acts of the 79th
Legislature, 1st Called Session, 2005;
(2) the agency may defer releasing assessment
instrument questions and answer keys as required by Section
39.023(e) to the extent necessary to develop additional assessment
instruments; and
(3) the commissioner may make the end-of-course
assessment instrument for Algebra I available to campuses and
school districts to administer and use and may make the
end-of-course assessment instruments for each other course
specified under Section 39.023(c) available to campuses and
districts as each assessment instrument is adopted, but the results
of those assessment instruments may not be used for campus and
district ratings under Subchapter D.
(b) Rules adopted under Subsection (a) must require that
each student who will be subject to the requirements implemented
under the amendments made by __.B. No. __, Acts of the 79th
Legislature, 1st Called Session, 2005, relating to end-of-course
assessment instruments, including Section 39.023(c), is entitled
to notice of the specific requirements applicable to the student.
Notice under this subsection must be provided not later than the
date the student enters the ninth grade.
(c) Implementation of the end-of-course assessment
instruments shall begin with the assessment instrument for Algebra
I.
(d) A reference in this code to an end-of-course assessment
instrument administered under Section 39.023(c) includes a
secondary exit-level assessment instrument administered as
provided by Subsection (a).
(e) This section expires September 1, 2010.
SECTION 2D.25. Effective September 1, 2006, Subchapter B,
Chapter 39, Education Code, is amended by adding Section 39.0261 to
read as follows:
Sec. 39.0261. COLLEGE PREPARATION ASSESSMENTS. (a) In
addition to the assessment instruments otherwise authorized or
required by this subchapter:
(1) each school year and at state cost, a school
district may administer to students in any two grade levels other
than the 11th or 12th grade an established, valid, reliable, and
nationally norm-referenced preliminary college preparation
assessment instrument; and
(2) high school students in the spring of the 11th
grade or during the 12th grade may select and take once, at state
cost, one of the valid, reliable, and nationally norm-referenced
assessment instruments used by colleges and universities as part of
their undergraduate admissions processes.
(b) The agency shall:
(1) select and approve vendors of the specific
assessment instruments administered under this section; and
(2) pay all fees associated with the administration of
the assessment instrument from funds allotted under the Foundation
School Program, and the commissioner shall reduce the total amount
of state funds allocated to each district from any source in the
same manner described for a reduction in allotments under Section
42.313.
(c) A vendor that administers an assessment instrument for a
district under this section shall report the results of the
assessment instrument to the agency.
(d) Subsection (a)(2) does not prohibit a high school
student in the spring of the 11th grade or during the 12th grade
from selecting and taking, at the student's own expense, one of the
valid, reliable, and nationally norm-referenced assessment
instruments used by colleges and universities as part of their
undergraduate admissions processes more than once.
SECTION 2D.26. Sections 39.027(a), (e), and (g), Education
Code, are amended to read as follows:
(a) A student in grades three through 10 may be exempted
from the administration of an assessment instrument under:
(1) [Section 39.023(a) or (b) if the student is
eligible for a special education program under Section 29.003 and
the student's individualized education program does not include
instruction in the essential knowledge and skills under Section
28.002 at any grade level;
[(2) Section 39.023(c) or (d) if the student is
eligible for a special education program under Section 29.003 and:
[(A) the student's individualized education
program does not include instruction in the essential knowledge and
skills under Section 28.002 at any grade level; or
[(B) the assessment instrument, even with
allowable modifications, would not provide an appropriate measure
of the student's achievement as determined by the student's
admission, review, and dismissal committee;
[(3)] Section 39.023(a), (b), (b-1), or (l) for a
period of up to one year after initial enrollment in a school in the
United States if the student is of limited English proficiency, as
defined by Section 29.052, and has not demonstrated proficiency in
English as determined by the assessment system under Subsection
(e); or
(2) [(4)] Section 39.023(a), (b), (b-1), or (l) for a
period of up to two years in addition to the exemption period
authorized by Subdivision (1) [(3)] if the student has received an
exemption under Subdivision (1) [(3)] and:
(A) is a recent unschooled immigrant; or
(B) is in a grade for which no assessment
instrument in the primary language of the student is available.
(e) As provided by applicable federal requirements, the
[The] commissioner shall develop an assessment system that shall be
used for evaluating the academic progress toward attaining academic
language proficiency in English, including reading proficiency in
English, of all students of limited English proficiency, as defined
by Section 29.052. A student who has demonstrated the designated
level of [is exempt from the administration of an assessment
instrument under Subsection (a)(3) or (4) who achieves] reading
proficiency in English as determined by the assessment system
developed under this subsection is not eligible for an exemption
under Subsection (a)(1) or (2). [shall be administered the
assessment instruments described by Sections 39.023(a) and (c).
The performance under the assessment system developed under this
subsection of students to whom Subsection (a)(3) or (4) applies
shall be included in the academic excellence indicator system under
Section 39.051, the performance report under Section 39.053, and
the comprehensive annual report under Section 39.182.]
(g) For purposes of this section, "recent unschooled
immigrant" means an immigrant who initially enrolled in a school in
the United States not more than 12 months before the date of the
administration of an assessment instrument under Section 39.023
[39.023(a) or (l)] and who, as a result of inadequate schooling
outside of the United States, lacks the necessary foundation in the
essential knowledge and skills of the curriculum prescribed under
Section 28.002 as determined by the language proficiency assessment
committee established under Section 29.063. For purposes of this
subsection and to the extent authorized by federal law, a child's
prior enrollment in a school in the United States shall be
determined on the basis of documents and records required under
Section 25.002(a).
SECTION 2D.27. Subchapter B, Chapter 39, Education Code, is
amended by adding Sections 39.034 and 39.035 to read as follows:
Sec. 39.034. MEASURE OF INCREMENTAL GROWTH IN STUDENT
ACHIEVEMENT. (a) The commissioner shall determine a method by
which the agency may measure incremental growth in student
achievement from one school year to the next on an assessment
instrument required under this subchapter.
(b) The agency shall report to each school district the
comparisons made under Subsection (a). Each school district shall
provide the comparisons to each teacher for all students who were:
(1) assessed on an assessment instrument; and
(2) taught by that teacher in the subject for which the
assessment instrument was administered.
(c) The school a student attends shall provide a record of
the comparison made under this section and provided to the school
under Subsection (b) in a written notice to the student's parents.
(d) To the extent practicable, the agency shall combine the
report of the comparisons required under this section with the
report of the student's performance on assessment instruments
administered under Section 39.023.
(e) The commissioner shall implement this section not later
than September 1, 2006. This subsection expires January 1, 2008.
Sec. 39.035. CRIMINAL PENALTY RELATED TO ADMINISTRATION OF
ASSESSMENT INSTRUMENT. (a) An administrator, teacher, other
employee, contractor, or volunteer of a school district or public
charter district commits an offense if, for the primary purpose of
influencing the results of an assessment instrument administered
under this subchapter, the person intentionally:
(1) discriminates in school admissions based on a
student's academic ability in a manner that is not otherwise
permitted by law;
(2) refers a student to a special education program
under Subchapter A, Chapter 29, or a bilingual or special language
program under Subchapter B, Chapter 29, for the purpose of gaining
an exemption for the student from the administration of the
assessment instrument;
(3) requires or encourages a student to be absent from
a school campus during the day on which the assessment instrument is
administered at the campus;
(4) tampers with the assessment instrument or related
materials to alter the results of the assessment instrument; or
(5) engages in any other action designed to alter the
accuracy of the results of the assessment instrument.
(b) An administrator, teacher, other employee, contractor,
or volunteer of a school district or public charter district
commits an offense if the person intentionally takes retaliatory
action against a district employee for reporting an offense under
Subsection (a). For purposes of this subsection, retaliatory
action includes suspending an employee or terminating an employee's
employment.
(c) An offense under this section is a Class A misdemeanor.
(d) An offense under Subsection (a)(4) is in addition to any
offense under Section 37.10(c)(2), Penal Code, arising from the
same action.
SECTION 2D.28. Effective August 1, 2006, Subchapter B,
Chapter 39, Education Code, is amended by adding Section 39.036 to
read as follows:
Sec. 39.036. DIAGNOSTIC EXAMINATION FOR CERTAIN STUDENTS.
(a) The commissioner shall adopt a diagnostic examination to assess
each student entering a public charter district. The examination
must be designed to determine the grade level at which a student is
performing.
(b) Not later than one month after a student enrolls in a
public charter district, the public charter district must
administer to the student the diagnostic examination adopted by the
commissioner under this section.
SECTION 2D.29. Section 39.051(b), Education Code, as
amended by Chapters 433 and 805, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted and amended to read as follows:
(b) Performance on the indicators adopted under this
section shall be compared to state-established standards. The
degree of change from one school year to the next in performance on
each indicator adopted under this section shall also be considered.
The indicators must be based on information that is disaggregated
by race, ethnicity, gender, and socioeconomic status and must
include:
(1) except as provided by Section 39.0511, the results
of assessment instruments required under Sections 39.023(a), (c),
and (l), aggregated by grade level and subject area;
(2) dropout rates, including dropout rates and
district completion rates for grade levels 7 [9] through 12,
computed:
(A) as a longitudinal rate and an annual
completion rate by grade; and
(B) in accordance with standards and definitions
adopted by the National Center for Education Statistics of the
United States Department of Education;
(3) high school graduation rates, computed in
accordance with standards and definitions adopted in compliance
with the [federal] No Child Left Behind Act of 2001 (Pub. L. No.
107-110);
(4) student attendance rates;
(5) the percentage of graduating students who attain
scores on the end-of-course [secondary exit-level] assessment
instruments required under Subchapter B that are equivalent to a
passing score on the assessment [test] instrument required under
Section 51.3062 [51.306];
(6) the percentage of graduating students who meet the
course requirements established for the recommended high school
program by State Board of Education rule;
(7) the results of the Scholastic Assessment Test
(SAT), the American College Test (ACT), articulated postsecondary
degree programs described by Section 61.852, and certified
workforce training programs described by Chapter 311, Labor Code;
(8) incremental growth in student achievement, as
measured under Section 39.034, aggregated by grade level and
subject area;
(9) the number and percentage of students at risk of
dropping out of school, the number and percentage of those students
who are administered each assessment instrument required under
Section 39.023, the number and percentage of those students who
perform satisfactorily on the assessment instruments, and the
results of those students, grouped by number and percentage, on the
assessment instruments, disaggregated by subject area and grade
level;
(10) the number and percentage of students, aggregated
by grade level, provided accelerated instruction under Section
28.0211(c), the results of assessments administered under that
section, the percentage of students promoted through the grade
placement committee process under Section 28.0211, the subject of
the assessment instrument on which each student failed to perform
satisfactorily, and the performance of those students in the school
year following that promotion on the assessment instruments
required under Section 39.023;
(11) [(9)] for students who have failed to perform
satisfactorily on an assessment instrument required under Section
39.023(a) or (c), the numerical progress of those students grouped
by number and percentage on subsequent assessment instruments
required under those sections, aggregated by grade level and
subject area;
(12) [(10)] the percentage of students exempted, by
exemption category, from the assessment program generally
applicable under this chapter; [and]
(13) [(11)] the percentage of students of limited
English proficiency exempted from the administration of an
assessment instrument under Sections 39.027(a)(1) and (2);
(14) [39.027(a)(3) and (4)] the percentage of students
in a special education program under Subchapter A, Chapter 29,
assessed through assessment instruments developed or adopted under
Section 39.023(b);
(15) for students of limited English proficiency, as
defined by Section 29.052, a measure of progress toward English
language proficiency, as determined by the commissioner, including
the student's performance after transferring out of a bilingual
education program or instruction in English as a second language;
(16) the performance of students who are not
educationally disadvantaged on an assessment instrument under
Sections 39.023(a), (b), (c), and (l) and dropout rates and
district completion rates for grades 9 through 12 for those
students; and
(17) the measure of reduction or increase in any
disparity between educationally disadvantaged students and all
other students in:
(A) performance on assessment instruments
administered under Subchapter B; and
(B) high school graduation rates computed as
described by Subdivision (3).
SECTION 2D.30. Section 39.051(d), Education Code, is
amended to read as follows:
(d) Annually, the commissioner shall define exemplary,
recognized, and unacceptable performance for each academic
excellence indicator included under Subsections (b)(1) through (8)
and (15) [(6)] and shall project the standards for each of those
levels of performance for succeeding years. For the indicator
under Subsection (b)(10) [(b)(7)], the commissioner shall define
exemplary, recognized, and unacceptable performance based on
student performance for the period covering both the current and
preceding academic years. In defining exemplary, recognized, and
unacceptable performance for the indicators under Subsections
(b)(2) and (4) [(3)], the commissioner may not consider as a dropout
or as a student who has failed to attend school a student whose
failure to attend school results from:
(1) the student's expulsion under Section 37.007; and
(2) as applicable:
(A) adjudication as having engaged in delinquent
conduct or conduct indicating a need for supervision, as defined by
Section 51.03, Family Code; or
(B) conviction of and sentencing for an offense
under the Penal Code.
SECTION 2D.31. Effective August 1, 2006, Subchapter C,
Chapter 39, Education Code, is amended by adding Section 39.0511 to
read as follows:
Sec. 39.0511. INDICATOR FOR CERTAIN STUDENTS. (a) The
academic excellence indicator described by Section 39.051(b)(1) is
not considered in determining the performance of a public charter
district.
(b) In determining the performance of a public charter
district, the commissioner shall consider the growth in student
achievement of students enrolled at the public charter district, as
determined by comparing student performance on the diagnostic
examinations administered under Section 39.036 and student
performance on assessment instruments required under Section
39.023(a), (c), and (l).
SECTION 2D.32. Section 39.052(b), Education Code, is
amended to read as follows:
(b) The report card shall include the following
information:
(1) where applicable, the academic excellence
indicators adopted under Sections 39.051(b)(1) through (12) [(9)];
(2) average class size by grade level and subject;
(3) the administrative and instructional costs per
student, computed in a manner consistent with Section 44.0071; and
(4) the district's instructional expenditures ratio
and instructional employees ratio computed under Section 44.0071,
and the statewide average of those ratios, as determined by the
commissioner.
SECTION 2D.33. Section 39.055, Education Code, is amended
to read as follows:
Sec. 39.055. [ANNUAL] AUDIT OF DROPOUT RECORDS; REPORT.
(a) The commissioner shall develop a process for auditing school
district dropout records electronically. The commissioner shall
also develop a system and standards for review of the audit or use
systems already available at the agency. The system must be
designed to identify districts that are at high risk of having
inaccurate dropout records and that, as a result, may be subject to
a special accreditation investigation under Section 39.075
[require on-site monitoring of dropout records. If the electronic
audit of a district's dropout records indicates that a district is
not at high risk of having inaccurate dropout records, the district
may not be subject to on-site monitoring under this subsection. If
the risk-based system indicates that a district is at high risk of
having inaccurate dropout records, the district is entitled to an
opportunity to respond to the commissioner's determination before
on-site monitoring may be conducted. The district must respond not
later than the 30th day after the date the commissioner notifies the
district of the commissioner's determination. If the district's
response does not change the commissioner's determination that the
district is at high risk of having inaccurate dropout records or if
the district does not respond in a timely manner, the commissioner
shall order agency staff to conduct on-site monitoring of the
district's dropout records].
(b) [(e)] The commissioner shall notify the superintendent
[board of trustees] of a school district of any objection the
commissioner has to the district's dropout data, any violation of
sound accounting practices or of a law or rule revealed by the data,
or any recommendation by the commissioner concerning the data. If
the data reflect that a penal law has been violated, the
commissioner shall notify the county attorney, district attorney,
or criminal district attorney, as appropriate, and the attorney
general. The commissioner is entitled to access to all district
records the commissioner considers necessary or appropriate for the
review, analysis, or approval of district dropout data.
SECTION 2D.34. Sections 39.071 and 39.072, Education Code,
are amended to read as follows:
Sec. 39.071. ACCREDITATION. (a) Accreditation of a school
district is determined in accordance with this section
[subchapter].
(b) Each year, the commissioner shall determine the
accreditation status of each school district. In determining
accreditation status, the commissioner:
(1) shall evaluate and consider the performance of the
district under:
(A) the academic accountability system under
Section 39.072; and
(B) the financial accountability system under
Subchapter I;
(2) shall evaluate and consider:
(A) the results of any special accreditation
investigation under Section 39.075; and
(B) the district's current special education
monitoring or compliance status with the agency; and
(3) may consider:
(A) the district's compliance with statutory
requirements and requirements imposed by rule of the commissioner
or State Board of Education under specific statutory authority that
relate to:
(i) reporting data through the Public
Education Information Management System (PEIMS) or other reports
required by state or federal law or court order;
(ii) the high school graduation
requirements under Section 28.025; or
(iii) an item listed under Sections
7.056(e)(3)(C)-(I) that applies to the district;
(B) the effectiveness of the district's programs
for special populations; and
(C) the effectiveness of the district's career
and technology program.
(c) Based on a school district's performance under
Subsection (b), the commissioner shall:
(1) assign a district an accreditation status of:
(A) accredited;
(B) accredited-warned; or
(C) accredited-probation; or
(2) revoke the accreditation of the district and order
closure of the district under Section 39.131.
(d) The commissioner shall notify a school district that
receives an accreditation status of accredited-warned or
accredited-probation that the performance of the district is below
a standard required under this section. The commissioner shall
require the district to notify the parents of students enrolled in
the district and property owners in the district of the district's
accreditation status and the implications of that accreditation
status.
(e) A school district that is not accredited may not
receive funds from the agency or hold itself out as operating a
public school of this state.
(f) This chapter may not be construed to invalidate a
diploma awarded, course credit earned, or grade promotion granted
by a school district before the commissioner revoked the district's
accreditation.
Sec. 39.072. ACADEMIC ACCOUNTABILITY SYSTEM [ACCREDITATION
STANDARDS]. (a) The commissioner [State Board of Education] shall
adopt rules for assigning [to evaluate the performance of school
districts and to assign] to each school district and campus a
performance rating as follows:
(1) exemplary (meets or exceeds state exemplary
standards);
(2) recognized (meets or exceeds required improvement
or [and] within 10 percent of state exemplary standards);
(3) academically acceptable (below the exemplary and
recognized standards but exceeds the academically unacceptable
standards); or
(4) academically unacceptable (below the state
clearly unacceptable performance standard and does not meet
required improvement).
(b) The academic excellence indicators adopted under
Section 39.051(b) [Sections 39.051(b)(1) through (7) and the
district's current special education compliance status with the
agency] shall be the main considerations of the agency in the rating
of a school [the] district or campus under this section.
[Additional criteria in the rules may include consideration of:
[(1) compliance with statutory requirements and
requirements imposed by rule of the State Board of Education under
specific statutory authority that relate to:
[(A) reporting data through the Public Education
Information Management System (PEIMS);
[(B) the high school graduation requirements
under Section 28.025; or
[(C) an item listed in Sections
7.056(e)(3)(C)-(I) that applies to the district;
[(2) the effectiveness of the district's programs for
special populations; and
[(3) the effectiveness of the district's career and
technology programs.]
(c) The agency shall evaluate [against state standards] and
[shall], not later than August 1 of each year, report the
performance of each school [campus in a] district and campus. [each
open-enrollment charter school on the basis of the campus's
performance on the indicators adopted under Sections 39.051(b)(1)
through (7). Consideration of the effectiveness of district
programs under Subsection (b)(2) or (3) must be based on data
collected through the Public Education Information Management
System for purposes of accountability under this chapter and
include the results of assessments required under Section 39.023.]
(d) Each annual evaluation shall include an analysis of the
indicators under Section 39.051(b) to determine district and campus
performance in relation to:
(1) state standards established for each indicator;
(2) required improvement as defined under Section
39.051(c); and
(3) comparable improvement as determined under
Section 39.051(c).
(e) The academic performance rating of a school district may
be raised or lowered based on the district's performance or may be
lowered based on the unacceptable performance of one or more
campuses in the district. The academic performance rating of a
school district may also be lowered based on a determination that
data provided to the agency by the district that is necessary for
conducting an annual evaluation under this section is unreliable.
(f) The commissioner shall notify a school district if the
performance of the district or a campus in the district is below a
standard required under this section. The commissioner shall
require the school district to notify the parents of students who
are enrolled in the district and property owners in the district of
the academic performance rating and the implications of that
rating. The notice must be provided in English and Spanish and any
additional language authorized by the commissioner.
(g) Notwithstanding any other provision of this code, for
purposes of determining the performance of a school district or
public charter district under this chapter, including the academic
performance rating [accreditation status] of the district or
school, a student attending a campus that is a [confined by court
order in a residential program or] facility operated by or under
contract with the Texas Youth Commission, a pre-adjudication secure
detention facility or a post-adjudication secure correctional
facility that is registered with the Texas Juvenile Probation
Commission, or a residential facility is not considered to be a
student of the school district or public charter district school
serving the student [in which the program or facility is physically
located]. For purposes of this section, an involuntary residential
facility, including a detention center, residential treatment
center, or psychiatric hospital, is not considered a campus in
determining accreditation status. [The performance of such a
student on an assessment instrument or other academic excellence
indicator adopted under Section 39.051 shall be determined,
reported, and considered separately from the performance of
students attending a school of the district in which the program or
facility is physically located.]
SECTION 2D.35. Subchapter D, Chapter 39, Education Code, is
amended by adding Section 39.0722 to read as follows:
Sec. 39.0722. MEASURE OF POSTSECONDARY PREPARATION. (a)
In addition to school district performance ratings under Section
39.072, the commissioner shall annually rate districts according to
the degree to which the districts prepare students for
postsecondary success, including student performance on assessment
instruments administered under Section 39.0261 and on the
applicable indicators under Sections 39.051(b) and 39.0721. The
commissioner shall consult with the P-16 Council established under
Section 61.076 when adopting criteria under this section.
(b) The commissioner may adopt rules as necessary to
administer this section.
SECTION 2D.36. Section 39.075(a), Education Code, is
amended to read as follows:
(a) The commissioner may [shall] authorize special
accreditation investigations to be conducted:
(1) when excessive numbers of absences of students
eligible to be tested on state assessment instruments are
determined;
(2) when excessive numbers of allowable exemptions
from the required state assessment instrument are determined;
(3) in response to complaints submitted to the agency
with respect to alleged violations of civil rights or other
requirements imposed on the state by federal law or court order;
(4) in response to established monitoring or
compliance reviews of the district's financial accounting
practices and state and federal program requirements;
(5) when extraordinary numbers of student placements
in alternative education programs, other than placements under
Sections 37.006 and 37.007, are determined;
(6) in response to an allegation involving a conflict
between members of the board of trustees or between the board and
the district administration if it appears that the conflict
involves a violation of a role or duty of the board members or the
administration clearly defined by this code;
(7) when excessive numbers of students in special
education programs under Subchapter A, Chapter 29, are assessed
through assessment instruments developed or adopted under Section
39.023(b); [or]
(8) in response to questions concerning a program,
including special education, that is required by federal law or for
which the district receives federal funds;
(9) when an annual review indicates the academically
unacceptable performance under Section 39.072 of one or more
campuses in a district, except that the resulting investigation is
limited to those campuses;
(10) in response to concerns regarding the integrity
of data submitted to the agency;
(11) in response to allegations of a violation of
student assessment procedures for assessment instruments adopted
under Section 39.023; or
(12) as the commissioner otherwise determines
necessary.
SECTION 2D.37. Section 39.075(c), Education Code, as
amended by Chapters 396 and 931, Acts of the 76th Legislature,
Regular Session, 1999, is reenacted and amended to read as follows:
(c) Based on the results of a special accreditation
investigation, the commissioner may:
(1) take appropriate action under Subchapter G;
(2) raise or lower the district's accreditation status
[rating]; or
(3) take action under both Subdivisions (1) and (2).
SECTION 2D.38. Section 39.076, Education Code, is amended
by amending Subsection (a) and adding Subsections (a-1), (a-2),
(a-3), and (c) to read as follows:
(a) The agency shall adopt written procedures for
conducting [on-site] investigations under this subchapter. The
agency shall make the procedures available to the complainant, the
alleged violator, and the public. Agency staff must be trained in
the procedures and must follow the procedures in conducting the
investigation.
(a-1) An investigation conducted under this subchapter may
be an on-site, desk, or data-based investigation as determined by
the commissioner.
(a-2) If conducting an on-site investigation, the
investigators may obtain information from administrators,
teachers, or parents of students enrolled in the school district.
The commissioner shall adopt rules for:
(1) obtaining information from parents and using that
information in the investigator's report; and
(2) obtaining information from teachers in a manner
that prevents a campus or district from screening the information.
(a-3) The agency may give written notice of any impending
on-site investigation to the superintendent and the board of
trustees of a school district.
(c) The investigators conducting an on-site investigation
shall report the results of the investigation orally and in writing
to the board of trustees of the district and, as appropriate, to
campus administrators, and shall make recommendations concerning
any necessary improvements or sources of aid, such as regional
education service centers.
SECTION 2D.39. Subchapter D, Chapter 39, Education Code, is
amended by adding Sections 39.077 and 39.078 to read as follows:
Sec. 39.077. FINALITY OF DECISION BY COMMISSIONER. (a) A
school district or public charter district that wishes to challenge
a decision to assign or lower an accreditation status, an academic
performance rating, or a financial accountability rating must
petition for an informal review as provided by Section 7.0571.
(b) A final decision by the commissioner to assign or lower
an accreditation status, an academic performance rating, or a
financial accountability rating following a review under Section
7.0571 is final and may not be appealed.
Sec. 39.078. RULES. (a) The commissioner may adopt rules
as necessary to administer this subchapter.
(b) Unless a provision of this code clearly specifies
otherwise, any rule adopted under Subsection (a) must apply
accreditation requirements and academic performance ratings under
this subchapter to:
(1) a public charter district in the same manner as the
requirements and ratings are applied to a school district; and
(2) a campus operated by a public charter district in
the same manner as the requirements and ratings are applied to a
campus operated by a school district.
SECTION 2D.40. Subchapter F, Chapter 39, Education Code, is
amended by adding Section 39.113 to read as follows:
Sec. 39.113. STATE INCENTIVE PROGRAM FOR IMPROVING STUDENT
PERFORMANCE ON AT-RISK CAMPUSES. (a) The commissioner shall adopt
rules to create an incentive award system for annual growth in
student achievement. A school that achieves incremental growth in
student achievement, as described in Subsection (b), is eligible
for an award if the school:
(1) has a student population of at least 50 percent
educationally disadvantaged students;
(2) achieves an accreditation performance rating of
academically acceptable or better; and
(3) demonstrates superior growth in the academic
performance of educationally disadvantaged students.
(b) The commissioner by rule shall adopt performance
criteria to measure annual growth in student academic performance.
The commissioner shall consider the following criteria, as
applicable:
(1) annual growth in student achievement that
contributes to closing performance gaps among various populations
of students;
(2) improvements in student scores on the assessment
instruments required under Section 39.023;
(3) growth in high school completion rates;
(4) improvement in student scores on college advanced
placement tests; and
(5) any other factor that contributes to student
achievement.
(c) From funds appropriated for the purposes of this
section, the commissioner shall award grants to campuses that meet
performance criteria adopted under Subsection (b). The
commissioner shall allocate awards to campuses not later than
December 1 of each year, based on growth in student achievement as
measured for the preceding two school years.
(c-1) The commissioner shall award grants under this
section beginning September 1, 2006. This subsection expires
January 1, 2007.
(d) At least 75 percent of an award under this section must
be used for additional teacher compensation at the campus level.
The commissioner by rule shall provide for allocating awards under
this subsection, including providing individual awards of at least
$3,000 for each teacher at a campus receiving an award under this
subsection.
(e) Grants from funds appropriated for the award program may
be awarded beginning the 2006-2007 school year and may not exceed
$100 million in the 2006-2007 school year except as expressly
authorized by the General Appropriations Act or other law.
(f) A determination of the commissioner under this section
is final and may not be appealed.
(g) The commissioner shall annually evaluate the
effectiveness of the state incentive program for improving student
performance on at-risk campuses established under this section.
The evaluation must consider:
(1) the performance of students in districts under
this section on assessment instruments administered under Section
39.023;
(2) the districts' high school graduation and
completion rates; and
(3) the districts' teacher attrition rates.
SECTION 2D.41. Section 39.131, Education Code, is amended
to read as follows:
Sec. 39.131. SANCTIONS FOR DISTRICTS. (a) If a school
district does not satisfy the accreditation criteria under Section
39.071, the academic performance standards under Section 39.072, or
any financial accountability standard as determined by
commissioner rule, the commissioner shall take any of the following
actions[, listed in order of severity,] to the extent the
commissioner determines necessary:
(1) issue public notice of the deficiency to the board
of trustees;
(2) order a hearing conducted by the board of trustees
of the district for the purpose of notifying the public of the
unacceptable performance, the improvements in performance expected
by the agency, and the sanctions that may be imposed under this
section if the performance does not improve;
(3) order the preparation of a student achievement
improvement plan that addresses each academic excellence indicator
for which the district's performance is unacceptable, the
submission of the plan to the commissioner for approval, and
implementation of the plan;
(4) order a hearing to be held before the commissioner
or the commissioner's designee at which the president of the board
of trustees of the district and the superintendent shall appear and
explain the district's low performance, lack of improvement, and
plans for improvement;
(5) arrange an on-site investigation of the district;
(6) appoint an agency monitor to participate in and
report to the agency on the activities of the board of trustees or
the superintendent;
(7) appoint a conservator to oversee the operations of
the district;
(8) appoint a management team to direct the operations
of the district in areas of unacceptable performance or require the
district to obtain certain services under a contract with another
person;
(9) if a district has a current accreditation status
of accredited-warned or accredited-probation, is [been] rated [as]
academically unacceptable, or fails to satisfy financial
accountability standards as determined by commissioner rule [for a
period of one year or more], appoint a board of managers to exercise
the powers and duties of the board of trustees;
(10) if for two consecutive school years, including
the current school year, a district has received an accreditation
status of accredited-warned or accredited-probation, has been
rated academically unacceptable, or has failed to satisfy financial
accountability standards as determined by commissioner rule,
revoke the district's accreditation and [been rated as academically
unacceptable for a period of two years or more]:
(A) order closure of the district and annex the
district to one or more adjoining districts under Section 13.054;
or
(B) in the case of a home-rule school district or
public charter district [open-enrollment charter school], order
closure of all programs operated under the district's or school's
charter; or
(11) if a district has been rated [as] academically
unacceptable for [a period of] two consecutive school years,
including the current school year, [or more] due to the district's
dropout rates, impose sanctions designed to improve high school
completion rates, including:
(A) ordering the development of a dropout
prevention plan for approval by the commissioner;
(B) restructuring the district or appropriate
school campuses to improve identification of and service to
students who are at risk of dropping out of school, as defined by
Section 29.081;
(C) ordering lower student-to-counselor ratios
on school campuses with high dropout rates; and
(D) ordering the use of any other intervention
strategy effective in reducing dropout rates, including mentor
programs and flexible class scheduling.
(b) This subsection applies regardless of whether a
district has satisfied the accreditation criteria. If for two
consecutive school years, including the current school year, [a
period of one year or more] a district has had a conservator or
management team assigned, the commissioner may appoint a board of
managers, a majority of whom must be residents of the district, to
exercise the powers and duties of the board of trustees.
SECTION 2D.42. Section 39.132, Education Code, is amended
to read as follows:
Sec. 39.132. SANCTIONS FOR ACADEMICALLY UNACCEPTABLE AND
CERTAIN OTHER CAMPUSES. [(a)] If a campus performance is below any
standard under Section 39.072 [39.073(b)], the campus is considered
an academically unacceptable [a low-performing] campus. The
commissioner may permit the campus to participate in an innovative
redesign of the campus to improve campus performance or shall [may]
take any of the other following actions[, listed in order of
severity], to the extent the commissioner determines necessary:
(1) issue public notice of the deficiency to the board
of trustees;
(2) order a hearing conducted by the board of trustees
at the campus for the purpose of:
(A) notifying the public of the unacceptable
performance, the improvements in performance expected by the
agency, and the sanctions that may be imposed under this section if
the performance does not improve within a designated period of
time; and
(B) soliciting public comment on the initial
steps being taken to improve performance;
(3) [order the preparation of a report regarding the
parental involvement program at the campus and a plan describing
strategies for improving parental involvement at the campus;
[(4) order the preparation of a report regarding the
effectiveness of the district- and campus-level planning and
decision-making committees established under Subchapter F, Chapter
11, and a plan describing strategies for improving the
effectiveness of those committees;
[(5)] order the preparation of a student [achievement]
improvement plan that addresses each academic excellence indicator
for which the campus's performance is unacceptable, the submission
of the plan to the commissioner for approval, and implementation of
the plan;
(4) [(6)] order a hearing to be held before the
commissioner or the commissioner's designee at which the president
of the board of trustees, the superintendent, and the campus
principal shall appear and explain the campus's low performance,
lack of improvement, and plans for improvement;
(5) appoint a technical assistance team under Section
39.1321; or
(6) appoint a campus intervention team under Section
39.1321.
[(7) appoint a special campus intervention team to:
[(A) conduct a comprehensive on-site evaluation
of the campus to determine the cause for the campus's low
performance and lack of progress;
[(B) recommend actions, including reallocation
of resources and technical assistance, changes in school procedures
or operations, staff development for instructional and
administrative staff, intervention for individual administrators
or teachers, waivers from state statute or rule, or other actions
the team considers appropriate;
[(C) assist in the development of a campus plan
for student achievement; and
[(D) assist the commissioner in monitoring the
progress of the campus in implementing the campus plan for
improvement of student achievement; or
[(8) if a campus has been a low-performing campus for a
period of one year or more, appoint a board of managers composed of
residents of the district to exercise the powers and duties of the
board of trustees of the district in relation to the campus.
[(b) If a campus has been a low-performing campus for a
period of two consecutive years or more, the commissioner shall
order the closure of the district or charter program on the campus
or reconstitute the campus. In reconstituting the campus, a
special campus intervention team shall be assembled for the purpose
of deciding which educators may be retained at that campus. If an
educator is not retained, the educator may be assigned to another
position in the district.]
SECTION 2D.43. Subchapter G, Chapter 39, Education Code, is
amended by adding Sections 39.1321-39.13245 to read as follows:
Sec. 39.1321. TECHNICAL ASSISTANCE AND CAMPUS INTERVENTION
TEAMS. (a) If a campus is rated academically acceptable for the
current school year but would be rated as academically unacceptable
if performance standards to be used for the following school year
were applied to the current school year, the commissioner shall
select and assign a technical assistance team to assist the campus
in executing a school improvement plan and any other school
improvement strategies the commissioner determines appropriate.
(b) If a campus has been identified as academically
unacceptable under Section 39.132, the commissioner shall appoint a
campus intervention team.
(c) To the extent practicable, the commissioner shall
select and assign the technical assistance team under Subsection
(a) or the campus intervention team under Subsection (b) before the
first day of instruction for the school year.
(d) The commissioner may determine when the services of a
technical assistance team or campus intervention team are no longer
needed at a campus under this section.
Sec. 39.1322. CAMPUS INTERVENTION TEAM PROCEDURES. (a) A
campus intervention team shall:
(1) conduct a comprehensive on-site evaluation of the
campus to determine the cause for the campus's low performance and
lack of progress;
(2) recommend actions, including reallocation of
resources and technical assistance, changes in school procedures or
operations, staff development for instructional and administrative
staff, intervention for individual administrators or teachers,
waivers from state statute or rule, or other actions the team
considers appropriate;
(3) assist in the development of a school improvement
plan for student achievement; and
(4) assist the commissioner in monitoring the progress
of the campus in implementing the school improvement plan for
improvement of student achievement.
(b) A campus intervention team assigned under Section
39.1321 to a campus shall conduct a comprehensive on-site
evaluation of the campus to determine the cause for the campus's low
performance and lack of progress. The team shall have wide latitude
to determine what factors to assess and how to conduct the
assessment. Some factors to be considered are:
(1) an assessment of the staff to determine the
percentage of certified teachers who are teaching in their field,
the number of teachers with less than three years of experience, and
teacher turnover rates;
(2) compliance with the appropriate class-size rules
and number of class-size waivers received;
(3) an assessment of the quality, quantity, and
appropriateness of instructional materials, including the
availability of technology-based instructional materials;
(4) a report on the parental involvement strategies
and the effectiveness of the strategies;
(5) an assessment of the extent and quality of the
mentoring program provided for new teachers on the campus;
(6) an assessment of the type and quality of the
professional development provided to the staff;
(7) a demographic analysis of the student population,
including student demographics, at-risk populations, and special
education percentages;
(8) a report of disciplinary incidents and school
safety information;
(9) financial and accounting practices; and
(10) an assessment of the appropriateness of the
curriculum and teaching strategies.
(c) On completing the evaluation under this section, the
campus intervention team shall recommend actions, including:
(1) reallocation of resources;
(2) distribution of additional funds to the campus
from funds set aside by the agency for purposes of assisting
campuses in meeting standards specified in the intervention plan;
(3) technical assistance;
(4) changes in school procedures or operations;
(5) staff development for instructional and
administrative staff;
(6) intervention for individual administrators or
teachers;
(7) waivers from state statutes or rules; or
(8) other actions the campus intervention team
considers appropriate.
(d) In executing a school improvement plan developed under
Subsection (a)(3), the campus intervention team shall:
(1) assist the campus in implementing research-based
practices for curriculum development and classroom instruction,
including bilingual education and special education programs, if
appropriate, and financial management;
(2) provide technical assistance based on
scientifically based research, including data analysis, academic
deficiency identification, intervention implementation, and budget
analysis, to strengthen and improve the instructional programs at
the campus; and
(3) submit the school improvement plan to the
commissioner for approval.
(e) A campus intervention team appointed under Section
39.1321(b):
(1) shall continue to work with a campus until:
(A) the campus is rated academically acceptable
for a two-year period; or
(B) the campus is rated academically acceptable
for a one-year period and the commissioner determines that the
campus is operating and will continue to operate in a manner that
improves student achievement; and
(2) may continually update the school improvement
plan, with approval from the commissioner, to meet the needs of the
campus.
(f) Notwithstanding any other provision of this subchapter,
if the commissioner determines that a campus for which an
intervention is ordered under Section 39.1321(b) is not fully
implementing the campus intervention team's recommendations or
school improvement plan, the commissioner may order the
reconstitution of the campus, pursue alternative management of the
campus as provided by Section 39.1325, or order closure of the
campus.
Sec. 39.1323. MANDATORY SANCTIONS. (a) If a campus has
been identified as academically unacceptable for a period of two
consecutive school years, including the current school year, the
commissioner shall order the reconstitution of the campus and
assign a campus intervention team. In determining whether a campus
is rated academically unacceptable for a second year under this
subsection, dropout rates and completion rates may not be
considered. In reconstituting the campus, a campus intervention
team shall assist the campus in:
(1) developing a school improvement plan;
(2) obtaining approval of the plan from the
commissioner; and
(3) executing the plan on approval by the
commissioner.
(b) The campus intervention team shall decide which
educators may be retained at that campus. A principal who has been
employed by the campus in that capacity during the two-year period
described by Subsection (a) may not be retained at that campus. A
teacher of a subject assessed by an assessment instrument under
Section 39.023 may be retained only if the campus intervention team
determines that a pattern exists of significant academic growth by
students taught by the teacher. If an educator is not retained, the
educator may be assigned to another position in the district.
(c) A campus subject to Subsection (a) shall implement the
school improvement plan as approved by the commissioner. The
commissioner may appoint a monitor, conservator, management team,
or a board of managers to the district to ensure and oversee the
implementation of the school improvement plan.
(d) Notwithstanding any other provision of this subchapter,
if the commissioner determines that a campus subject to Subsection
(a) is not fully implementing the school improvement plan, the
commissioner may pursue alternative management of the campus as
provided by Section 39.1325, or may order closure of the campus.
(e) If a campus is considered an academically unacceptable
campus for more than two consecutive school years, the commissioner
may order reconstitution or closure of the campus or pursue
alternative management under Section 39.1325.
(f) If a campus is considered an academically unacceptable
campus for the subsequent school year after the campus is
reconstituted under this section, the commissioner shall pursue
alternative management under Section 39.1325.
Sec. 39.1324. EXCEPTION TO MANDATORY SANCTIONS: PUBLIC
CHARTER DISTRICTS. Notwithstanding Section 39.131 or 39.1323,
before ordering the closure or reconstitution of a public charter
district identified as academically unacceptable for a period of
two consecutive school years, the commissioner shall assign a
technical assistance and campus intervention team to determine
appropriate action to take regarding the public charter district,
which may include closure, reconstitution, or continued operation
with operational improvements. The technical assistance and campus
intervention team shall operate in the same manner provided by
Section 39.1322.
Sec. 39.13245. TRANSITIONAL SANCTIONS PROVISIONS. For the
2005-2006 school year, the commissioner shall assign a campus
intervention team or a technical assistance team to a campus under
Section 39.1321 on the basis of academic performance ratings for
the 2004-2005 school year. The commissioner may impose a sanction
on a campus under Section 39.1322(f) or 39.1323(a) or (e) on the
basis of academic performance ratings for the 2004-2005 school year
and the 2005-2006 school year. A sanction ordered by the
commissioner before July 1, 2005, shall remain in effect for the
2005-2006 school year. The commissioner may allow a principal
subject to Section 39.1323(b) to remain at a campus for the
2005-2006 school year. This section expires September 1, 2007.
SECTION 2D.44. Subchapter G, Chapter 39, Education Code, is
amended by adding Sections 39.1325 and 39.1326 to read as follows:
Sec. 39.1325. MANAGEMENT OF CERTAIN ACADEMICALLY
UNACCEPTABLE CAMPUSES. (a) A campus may be subject to this section
if the campus has been identified as academically unacceptable
under Section 39.132 and the commissioner orders alternative
management under Section 39.1323(e) or (f).
(b) The commissioner shall solicit proposals from qualified
entities to assume management of a campus subject to this section.
(c) If the commissioner determines that the basis for
identifying a campus as academically unacceptable is limited to a
specific condition that may be remedied with targeted technical
assistance, the commissioner may:
(1) provide the campus a one-year waiver under this
section; and
(2) require the district to contract for the
appropriate technical assistance.
(d) The commissioner may annually solicit proposals under
this section for the management of a campus subject to this section.
The commissioner shall notify a qualified entity that has been
approved as a provider under this section. The district must
execute a contract with an approved provider and relinquish control
of the campus before January 1 of the school year.
(e) To qualify for consideration as a managing entity under
this section, the entity must submit a proposal that provides
information relating to the entity's management and leadership team
that will participate in management of the campus under
consideration, including information relating to individuals that
have:
(1) documented success in whole school interventions
that increased the educational and performance levels of students
in academically unacceptable campuses;
(2) a proven record of effectiveness with programs
assisting low-performing students;
(3) a proven ability to apply research-based school
intervention strategies;
(4) a proven record of financial ability to perform
under the management contract; and
(5) any other experience or qualifications the
commissioner determines necessary.
(f) In selecting a managing entity under this section, the
commissioner shall give preference to an entity that:
(1) meets any qualifications under this section; and
(2) has documented success in educating students from
similar demographic groups and with similar educational needs as
the students who attend the campus that is to be operated by a
managing entity under this section.
(g) The school district may negotiate the term of a
management contract for not more than five years with an option to
renew the contract. The management contract must include a
provision describing the district's responsibilities in supporting
the operation of the campus. The commissioner shall approve the
contract before the contract is executed and, as appropriate, may
require the district, as a term of the contract, to support the
campus in the same manner as the district was required to support
the campus before the execution of the management contract.
(h) A management contract under this section shall include
provisions approved by the commissioner that require the managing
entity to demonstrate improvement in campus performance, including
negotiated performance measures. The performance measures must be
consistent with the priorities of this chapter. The commissioner
shall evaluate a managing entity's performance on the first and
second anniversaries of the date of the management contract. If the
evaluation fails to demonstrate improvement as negotiated under the
contract by the first anniversary of the date of the management
contract, the district may terminate the management contract, with
the commissioner's consent, for nonperformance or breach of
contract and select another provider from an approved list provided
by the commissioner. If the evaluation fails to demonstrate
significant improvement, as determined by the commissioner, by the
second anniversary of the date of the management contract, the
district shall terminate the management contract and select another
provider from an approved list provided by the commissioner or
resume operation of the campus if approved by the commissioner. If
the commissioner approves the district's operation of the campus,
the commissioner shall assign a technical assistance team to assist
the campus.
(i) Notwithstanding any other provision of this code, the
funding for a campus operated by a managing entity must be
equivalent to the funding of the other campuses in the district on a
per student basis so that the managing entity receives the same
funding the campus would otherwise have received.
(j) Each campus operated by a managing entity under this
section is subject to this chapter in the same manner as any other
campus in the district.
(k) The commissioner may adopt rules necessary to implement
this section.
(l) With respect to the management of a campus under this
section:
(1) a managing entity is considered to be a
governmental body for purposes of Chapters 551 and 552, Government
Code; and
(2) any requirement in Chapter 551 or 552, Government
Code, that applies to a school district or the board of trustees of
a school district applies to a managing entity.
Sec. 39.1326. REVIEW OF SANCTIONS FOR CAMPUSES SERVING
RESIDENTIAL FACILITIES. (a) A school district or public charter
district may petition the commissioner to review an academically
unacceptable rating assigned to a campus if the campus
predominantly served students residing in a residential facility
during the rating period.
(b) If the commissioner determines that the basis for
identifying the campus as academically unacceptable was limited to
a condition that was not related to the educational purpose of the
residential facility, the commissioner may take any of the
following actions as the commissioner determines appropriate:
(1) change, modify, or suspend the academically
unacceptable rating; or
(2) impose any sanction otherwise authorized under
Section 39.131 or 39.132.
(c) The commissioner may consider a factor other than a
factor used to assign a rating in evaluating a campus under this
section. The commissioner may assign a campus intervention team
under Section 39.1321 at the expense of the school district or
public charter district as provided by Section 39.134 to develop a
long-term intervention plan to improve services for students.
(d) On a determination that a campus subject to this section
is appropriately meeting the educational needs of its students, the
commissioner may waive revocation of a public charter district for
a period not to exceed two years. A waiver under this subsection
may be extended for additional two-year periods based on subsequent
evaluations of the campus.
(e) This section does not limit the commissioner's ability
to sanction a public charter district for the performance of a
campus subject to this section or any other law.
(f) A decision by the commissioner under this section is
final and may not be appealed.
SECTION 2D.45. Section 39.133, Education Code, is amended
to read as follows:
Sec. 39.133. ANNUAL REVIEW. (a) The commissioner shall
review annually the performance of a district or campus subject to a
sanction under this subchapter to determine the appropriate actions
to be implemented under this subchapter. The determination shall
take into account the number, severity, and duration of the
problems identified. [The commissioner must review at least
annually the performance of a district for which the accreditation
rating has been lowered due to unacceptable student performance and
may not raise the rating until the district has demonstrated
improved student performance.] If the review reveals a lack of
improvement, the commissioner shall increase the level of state
intervention and sanction unless the commissioner finds good cause
for maintaining the current status.
(b) The commissioner shall review at least annually the
performance of a school district for which the academic performance
rating has been lowered due to unacceptable student performance and
may not raise the rating until the district has demonstrated
improved student performance.
SECTION 2D.46. Section 39.134, Education Code, is amended
to read as follows:
Sec. 39.134. COSTS PAID BY DISTRICT. The costs of providing
a monitor, conservator, management team, [or special] campus
intervention team, technical assistance team, or managing entity
under Section 39.1321 shall be paid by the district. If the
district fails or refuses to pay the costs in a timely manner, the
commissioner may:
(1) pay the costs using amounts withheld from any
funds to which the district is otherwise entitled; or
(2) recover the amount of the costs in the manner
provided for recovery of an overallocation of state funds under
Section 42.317 [42.258].
SECTION 2D.47. Subchapter G, Chapter 39, Education Code, is
amended by adding Section 39.1371 to read as follows:
Sec. 39.1371. INTERVENTION OPERATIONS. (a) The agency is
responsible for managing an intervention of a campus subject to
sanctions under this subchapter.
(b) To be employed as an intervention manager in the school
intervention management division, a person must demonstrate:
(1) a proven ability to implement whole school
interventions that increase the educational and performance levels
of students in low-performing campuses;
(2) a proven record of effectiveness with programs
assisting low-performing students;
(3) a proven ability to apply research-based school
intervention strategies; and
(4) any other factor the commissioner determines
necessary.
(c) The agency shall:
(1) monitor the progress of technical assistance teams
and campus intervention teams appointed by the commissioner under
this subchapter; and
(2) supervise the activities of the managing entities
under Section 39.1325.
(d) The agency shall:
(1) establish by rule and publish school improvement
objectives;
(2) advocate for the increased use of research-based
effective practices; and
(3) coordinate campus improvement activities of the
agency and regional education service centers.
(e) The commissioner may contract for services under this
section.
SECTION 2D.48. Section 39.182(a), Education Code, as
amended by S.B. No. 42, Acts of the 79th Legislature, Regular
Session, 2005, is amended to read as follows:
(a) Not later than December 1 of each year, the agency shall
prepare and deliver to the governor, the lieutenant governor, the
speaker of the house of representatives, each member of the
legislature, the Legislative Budget Board, and the clerks of the
standing committees of the senate and house of representatives with
primary jurisdiction over the public school system a comprehensive
report covering the preceding school year and containing:
(1) an evaluation of the achievements of the state
educational program in relation to the statutory goals for the
public education system under Section 4.002;
(2) an evaluation of the status of education in the
state as reflected by the academic excellence indicators adopted
under Section 39.051;
(3) a summary compilation of the percentage of
graduating students who attain scores on the end-of-course
assessment instruments required under Section 39.023(c) that are
equivalent to a passing score on the assessment instrument required
under Section 51.3062;
(4) a summary compilation of overall student
performance on academic skills assessment instruments required by
Section 39.023 with the number and percentage of students exempted
from the administration of those instruments and the basis of the
exemptions, aggregated by grade level, subject area, campus, and
district, with appropriate interpretations and analysis, and
disaggregated by race, ethnicity, gender, and socioeconomic
status;
(5) [(4)] a summary compilation of overall
performance of students placed in a disciplinary alternative
education program established under Section 37.008 on academic
skills assessment instruments required by Section 39.023 with the
number of those students exempted from the administration of those
instruments and the basis of the exemptions, aggregated by
district, grade level, and subject area, with appropriate
interpretations and analysis, and disaggregated by race,
ethnicity, gender, and socioeconomic status;
(6) [(5)] a summary compilation of the progress
[overall performance] of students at risk of dropping out of
school, as defined by Section 29.081(d), including information
described by the academic excellence indicators under Sections
39.051(b)(7), (8), (10), and (11), provided statewide and
aggregated by district, on academic skills assessment instruments
required by Section 39.023 and any other assessment instrument
required by the commissioner [with the number of those students
exempted from the administration of those instruments and the basis
of the exemptions, aggregated by district, grade level, and subject
area], with appropriate interpretations and analysis, and
disaggregated by race, ethnicity, gender, and socioeconomic
status;
(7) [(6)] an evaluation of the correlation between
student grades and student performance on academic skills
assessment instruments required by Section 39.023;
(8) [(7)] a statement of the dropout rate of students
in grade levels 7 through 12, expressed in the aggregate and by
grade level, and a statement of the completion rates of students for
grade levels 9 through 12;
(9) [(8)] a statement of:
(A) the completion rate of students who enter
grade level 9 and graduate not more than four years later;
(B) the completion rate of students who enter
grade level 9 and graduate, including students who require more
than four years to graduate;
(C) the completion rate of students who enter
grade level 9 and not more than four years later receive a high
school equivalency certificate;
(D) the completion rate of students who enter
grade level 9 and receive a high school equivalency certificate,
including students who require more than four years to receive a
certificate; and
(E) the number and percentage of all students who
have not been accounted for under Paragraph (A), (B), (C), or (D);
(10) [(9)] a statement of the projected
cross-sectional and longitudinal dropout rates for grade levels 9
through 12 for the next five years, assuming no state action is
taken to reduce the dropout rate;
(11) [(10)] a description of a systematic, measurable
plan for reducing the projected cross-sectional and longitudinal
dropout rates to five percent or less for the 1997-1998 school year;
(12) [(11)] a summary of the information required by
Section 29.083 regarding grade level retention of students and
information concerning:
(A) the number and percentage of students
retained; and
(B) the performance of retained students on
assessment instruments required under Section 39.023(a);
(13) [(12)] information, aggregated by district type
and disaggregated by race, ethnicity, gender, and socioeconomic
status, on:
(A) the number of students placed in a
disciplinary alternative education program established under
Section 37.008;
(B) the average length of a student's placement
in a disciplinary alternative education program established under
Section 37.008;
(C) the academic performance of students on
assessment instruments required under Section 39.023(a) during the
year preceding and during the year following placement in a
disciplinary alternative education program; and
(D) the dropout rates of students who have been
placed in a disciplinary alternative education program established
under Section 37.008;
(14) [(13)] a list of each school district or campus
that does not satisfy performance standards, with an explanation of
the actions taken by the commissioner to improve student
performance in the district or campus and an evaluation of the
results of those actions;
(15) [(14)] an evaluation of the status of the
curriculum taught in public schools, with recommendations for
legislative changes necessary to improve or modify the curriculum
required by Section 28.002;
(16) [(15)] a description of all funds received by and
each activity and expenditure of the agency;
(17) [(16)] a summary and analysis of the
instructional expenditures ratios and instructional employees
ratios of school districts computed under Section 44.0071;
(18) [(17)] a summary of the effect of deregulation,
including exemptions and waivers granted under Section 7.056 [or
39.112];
(19) [(18)] a statement of the total number and length
of reports that school districts and school district employees must
submit to the agency, identifying which reports are required by
federal statute or rule, state statute, or agency rule, and a
summary of the agency's efforts to reduce overall reporting
requirements;
(20) [(19)] a list of each school district that is not
in compliance with state special education requirements,
including:
(A) the period for which the district has not
been in compliance;
(B) the manner in which the agency considered the
district's failure to comply in determining the district's
accreditation status; and
(C) an explanation of the actions taken by the
commissioner to ensure compliance and an evaluation of the results
of those actions;
(21) an evaluation of public charter districts,
including:
(A) the academic performance of students
enrolled in public charter districts, disaggregated by race,
ethnicity, gender, and socioeconomic status;
(B) the costs of instruction, administration,
and transportation incurred by public charter districts; and
(C) other issues, as determined by the
commissioner [(20) a comparison of the performance of
open-enrollment charter schools and school districts on the
academic excellence indicators specified in Section 39.051(b) and
accountability measures adopted under Section 39.051(g), with a
separately aggregated comparison of the performance of
open-enrollment charter schools predominantly serving students at
risk of dropping out of school, as defined by Section 29.081(d),
with the performance of school districts];
(22) [(21)] a summary of the information required by
Section 38.0141 regarding student health and physical activity from
each school district;
(23) a statement of the percentage of students scoring
at the proficient and advanced levels on the National Assessment of
Educational Progress; and
(24) [(22)] any additional information considered
important by the commissioner or the State Board of Education.
SECTION 2D.49. Section 39.182(b), Education Code, is
amended to read as follows:
(b) In reporting the information required by Subsection
(a)(4) or (5) [(a)(3) or (4)], the agency may separately aggregate
the performance data of students enrolled in a special education
program under Subchapter A, Chapter 29, or a bilingual education or
special language program under Subchapter B, Chapter 29.
SECTION 2D.50. Section 39.182, Education Code, is amended
by adding Subsections (b-1) and (b-2) to read as follows:
(b-1) The report must include an assessment of the impact of
the performance-based grant system developed under Subchapter E,
Chapter 7, on student academic performance, including:
(1) an analysis of performance and spending
information relating to grants administered by the agency; and
(2) recommendations on any statutory changes needed
for the agency to more effectively administer grant programs,
including recommendations on whether to eliminate or modify
inefficient grant programs, expand effective grant programs, or
consolidate similar grant programs to maximize the effectiveness
and efficiencies of those programs.
(b-2) Subsection (b-1) applies beginning January 1, 2009.
This subsection expires February 1, 2009.
SECTION 2D.51. Section 39.202(a), Education Code, is
amended to read as follows:
(a) The commissioner shall, in consultation with the
comptroller, develop and implement a financial accountability
rating system for school districts in this state that includes
procedures for:
(1) providing additional transparency to public
education finance;
(2) establishing financial accountability standards
commensurate with academic standards reaching to the campus level;
and
(3) enabling the commissioner and district
administrators to provide meaningful financial oversight and
improvement.
SECTION 2D.52. Section 39.203(b), Education Code, is
amended to read as follows:
(b) The annual financial management report must include:
(1) a description of the district's financial
management performance based on a comparison, provided by the
agency, of the district's performance on the standards [indicators]
adopted under Section 39.202 [39.202(b)] to:
(A) state-established standards; and
(B) the district's previous performance on the
standards adopted under Section 39.202 [indicators]; [and]
(2) a description of the district's actual
expenditures for each campus and any difference between those
campus expenditures and the foundation school program allotments
received for the campus; and
(3) any descriptive information required by the
commissioner.
SECTION 2D.53. Subchapter I, Chapter 39, Education Code, is
amended by adding Section 39.205 to read as follows:
Sec. 39.205. REPORT TO LEGISLATURE. (a) Not later than
September 1, 2006, the agency shall submit a report to the
legislature on the status of the financial accountability system
that recommends to the legislature methods for linking school
district financial management performance and academic
performance.
(b) This section expires September 2, 2006.
SECTION 2D.54. Subchapter A, Chapter 44, Education Code, is
amended by adding Section 44.0073 to read as follows:
Sec. 44.0073. INSTRUCTIONAL COSTS. (a) For purposes of
this section:
(1) "Direct instructional costs" includes a school
district's expenses related to instruction, instructional
resources and media services, curriculum development,
instructional staff development, instructional leadership, school
leadership, and evaluation and counseling services.
(2) "Indirect instructional costs" includes:
(A) a school district's expenses related to
social work services, health services, student transportation,
food services, facility maintenance and operations, security and
monitoring services, and data processing services; and
(B) payments to another district under the public
education grant program under Subchapter G, Chapter 29, payments to
another district that is a member of a shared services arrangement,
payments to a fiscal agent, and payments under Section 37.012 to a
juvenile justice alternative education program.
(b) For purposes of school district financial
accountability, the agency shall identify each district's direct
and indirect instructional costs for the preceding fiscal year and
make that information available to the public on the agency's
Internet website.
SECTION 2D.55. Section 51.3062(q), Education Code, is
amended to read as follows:
(q) A student who has achieved scores [a score] set by the
board on end-of-course assessment instruments [an exit-level
assessment instrument] required under Section 39.023 is exempt from
the requirements of this section. The exemption is effective for
the three-year period following the date a student takes the last
assessment instrument required for purposes of this section and
achieves the standard set by the board. This subsection does not
apply during any period for which the board designates the
end-of-course assessment instruments [exit-level assessment
instrument] required under Section 39.023 as the primary assessment
instrument under this section, except that the three-year period
described by this subsection remains in effect for students who
qualify for an exemption under this subsection [section] before
that period.
SECTION 2D.56. (a) Not later than the 2006-2007 school
year, the Texas Education Agency shall collect information
concerning:
(1) incremental growth in student achievement for
purposes of Section 39.051(b)(8), Education Code, as amended by
this Act; and
(2) the measure of progress toward English language
proficiency for purposes of Section 39.051(b)(15), Education Code,
as added by this Act.
(b) Not later than the 2007-2008 school year, the Texas
Education Agency shall include, in evaluating the performance of
school districts, campuses, and public charter districts under
Subchapter D, Chapter 39, Education Code:
(1) incremental growth in student achievement under
Section 39.051(b)(8), Education Code, as amended by this Act; and
(2) the measure of progress toward English language
proficiency under Section 39.051(b)(15), Education Code, as added
by this Act.
SECTION 2D.57. The commissioner of education shall develop
and implement the reporting procedures for:
(1) districts to prepare and distribute annual
financial management reports under Section 39.203, Education Code,
as amended by this Act, beginning with the 2006-2007 school year;
and
(2) campuses to provide financial information under
Section 39.202, Education Code, as amended by this Act, beginning
with the 2007-2008 school year.
PART E. INSTRUCTIONAL MATERIALS
SECTION 2E.01. Subchapter B, Chapter 7, Education Code, is
amended by adding Section 7.030 to read as follows:
Sec. 7.030. REVIEW OF STATE-FUNDED AND FEDERALLY FUNDED
GRANT PROGRAMS. (a) The agency shall conduct a review of
state-funded and federally funded grant programs and incentives
designed to improve student academic performance and shall actively
determine the full extent to which funds awarded under those
programs may be used to enhance or expand the use of technology in
public schools. For purposes of removing barriers to and
encouraging the use of technology in public schools, the
commissioner may, as appropriate, issue a waiver to one or more
schools.
(b) Not later than December 1, 2006, the agency shall submit
a report regarding the findings of the review conducted under this
section to the legislature. The report must include a summary of
promising practices for current grant programs that leverage
technology. This section expires January 15, 2007.
SECTION 2E.02. Section 7.055(b)(28), Education Code, is
amended to read as follows:
(28) The commissioner shall perform duties relating to
the funding, adoption, and purchase of instructional materials
[textbooks] under Chapter 31.
SECTION 2E.03. Section 7.056(f), Education Code, is amended
to read as follows:
(f) A school district or campus that is required to develop
and implement a student achievement improvement plan under Section
39.131 or 39.132 may receive an exemption or waiver under this
section from any law or rule other than:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) a requirement imposed by federal law or rule;
(3) a requirement, restriction, or prohibition
imposed by state law or rule relating to:
(A) public school accountability as provided by
Subchapters B, C, D, and G, Chapter 39; or
(B) educator rights and benefits under
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
A, Chapter 22; or
(4) [textbook] selection of instructional materials
under Chapter 31.
SECTION 2E.04. Section 7.102(c)(23), Education Code, is
amended to read as follows:
(23) The board shall adopt and purchase or license
instructional materials [textbooks] as provided by Chapter 31 and
adopt rules required by that chapter.
SECTION 2E.05. Sections 7.108(a) and (c), Education Code,
are amended to read as follows:
(a) A person interested in selling bonds of any type or a
person engaged in manufacturing, shipping, selling, or advertising
instructional materials [textbooks] or otherwise connected with
the instructional material [textbook] business commits an offense
if the person makes or authorizes a political contribution to or
takes part in, directly or indirectly, the campaign of any person
seeking election to or serving on the board.
(c) In this section:
(1) "Instructional material" has the meaning assigned
by Section 31.002.
(2) "Political contribution" has the meaning assigned
by Section 251.001, Election Code.
[(2) "Textbook" has the meaning assigned by Section
31.002.]
SECTION 2E.06. The heading to Section 7.112, Education
Code, is amended to read as follows:
Sec. 7.112. REPRESENTATION OF [TEXTBOOK] PUBLISHER OF
INSTRUCTIONAL MATERIALS BY FORMER MEMBER OF BOARD.
SECTION 2E.07. Section 7.112(a), Education Code, is amended
to read as follows:
(a) A former member of the State Board of Education who is
employed by or otherwise receives compensation from a [textbook]
publisher of instructional materials may not, before the second
anniversary of the date on which the person last served as a member
of the State Board of Education:
(1) confer with a member of the board of trustees of a
school district concerning instructional materials [a textbook]
published by that [textbook] publisher; or
(2) appear at a meeting of the board of trustees on
behalf of the [textbook] publisher.
SECTION 2E.08. Section 7.112(c)(2), Education Code, is
amended to read as follows:
(2) "Instructional material" and "publisher"
["Publisher" and "textbook"] have the meanings assigned by Section
31.002.
SECTION 2E.09. Section 11.158(b), Education Code, is
amended to read as follows:
(b) The board may not charge fees for:
(1) instructional materials [textbooks], workbooks,
laboratory supplies, or other supplies necessary for participation
in any instructional course except as authorized under this code;
(2) field trips required as a part of a basic education
program or course;
(3) any specific form of dress necessary for any
required educational program or diplomas;
(4) the payment of instructional costs for necessary
school personnel employed in any course or educational program
required for graduation;
(5) library materials [books] required to be used for
any educational course or program, other than fines for lost,
damaged, or overdue materials [books];
(6) admission to any activity the student is required
to attend as a prerequisite to graduation;
(7) admission to or examination in any required
educational course or program; or
(8) lockers.
SECTION 2E.10. Section 11.164(a), Education Code, is
amended to read as follows:
(a) The board of trustees of each school district shall
limit redundant requests for information and the number and length
of written reports that a classroom teacher is required to prepare.
A classroom teacher may not be required to prepare any written
information other than:
(1) any report concerning the health, safety, or
welfare of a student;
(2) a report of a student's grade on an assignment or
examination;
(3) a report of a student's academic progress in a
class or course;
(4) a report of a student's grades at the end of each
grade reporting period;
(5) a [textbook] report on instructional materials;
(6) a unit or weekly lesson plan that outlines, in a
brief and general manner, the information to be presented during
each period at the secondary level or in each subject or topic at
the elementary level;
(7) an attendance report;
(8) any report required for accreditation review;
(9) any information required by a school district that
relates to a complaint, grievance, or actual or potential
litigation and that requires the classroom teacher's involvement;
or
(10) any information specifically required by law,
rule, or regulation.
SECTION 2E.11. Section 19.007(e), Education Code, is
amended to read as follows:
(e) The district may participate in the instructional
materials [textbook] program under Chapter 31.
SECTION 2E.12. Sections 26.006(a) and (c), Education Code,
are amended to read as follows:
(a) A parent is entitled to:
(1) review all teaching materials, instructional
materials [textbooks], and other teaching aids used in the
classroom of the parent's child; and
(2) review each test administered to the parent's
child after the test is administered.
(c) A student's parent is entitled to request that the
public school [district or open-enrollment charter school] the
student attends allow the student to take home any instructional
materials [textbook] used by the student. Subject to the
availability of the instructional materials [a textbook], the
[district or] school shall honor the request. A student who takes
home instructional materials [a textbook] must return the
instructional materials [textbook] to school at the beginning of
the next school day if requested to do so by the student's teacher.
In this subsection, "instructional material" ["textbook"] has the
meaning assigned by Section 31.002.
SECTION 2E.13. Sections 28.002(c) and (h), Education Code,
are amended to read as follows:
(c) The State Board of Education, with the direct
participation of educators, parents, business and industry
representatives, and employers shall by rule identify the essential
knowledge and skills of each subject of the required curriculum
that all students should be able to demonstrate and that will be
used in evaluating instructional materials [textbooks] under
Chapter 31 and addressed on the assessment instruments required
under Subchapter B, Chapter 39. As a condition of accreditation,
the board shall require each district to provide instruction in the
essential knowledge and skills at appropriate grade levels.
(h) The State Board of Education and each school district
shall foster the continuation of the tradition of teaching United
States and Texas history and the free enterprise system in regular
subject matter and in reading courses and in the adoption of
instructional materials [textbooks]. A primary purpose of the
public school curriculum is to prepare thoughtful, active citizens
who understand the importance of patriotism and can function
productively in a free enterprise society with appreciation for the
basic democratic values of our state and national heritage.
SECTION 2E.14. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.010 to read as follows:
Sec. 28.010. COMPUTER-ADAPTIVE ASSESSMENT TOOLS. (a) The
agency shall develop or acquire ongoing, computer-adaptive,
interactive assessment tools for each subject and grade level for
which an assessment instrument is adopted under Section 39.023.
(b) From funds appropriated for the purpose, the agency
shall make assessment tools developed or acquired under this
section available to public schools at no cost.
SECTION 2E.15. The heading to Chapter 31, Education Code,
is amended to read as follows:
CHAPTER 31. INSTRUCTIONAL MATERIALS [TEXTBOOKS]
SECTION 2E.16. Section 31.001, Education Code, is amended
to read as follows:
Sec. 31.001. FREE INSTRUCTIONAL MATERIALS [TEXTBOOKS].
Instructional materials [Textbooks] selected for use in the public
schools shall be furnished without cost to the students attending
those schools in accordance with Section 3(b), Article VII, Texas
Constitution.
SECTION 2E.17. Sections 31.002(1), (2), and (4), Education
Code, are amended to read as follows:
(1) "Instructional material" ["Electronic textbook"]
means a medium for conveying information to a student. The term
includes a book, supplementary materials, a combination of a book
and supplementary materials, computer software, interactive
videodisc, magnetic media, CD-ROM, computer courseware, on-line
services, an electronic medium, or other means of conveying
information to the student or otherwise contributing to the
learning process through electronic means.
(2) "Publisher" means a person who prepares
instructional materials for sale or distribution to educational
institutions. The term includes an on-line service or a developer
or distributor of [an] electronic instructional materials
[textbook].
(4) "Technological equipment" means hardware, a
device, or equipment necessary for:
(A) instructional use in the classroom,
including to gain access to or enhance the use of [an] electronic
instructional materials [textbook]; or
(B) professional use by a classroom teacher.
SECTION 2E.18. Section 31.003, Education Code, is amended
to read as follows:
Sec. 31.003. RULES. The State Board of Education shall
[may] adopt rules, consistent with this chapter, for the approval
[adoption], requisition, distribution, care, use, and disposal of
instructional materials [textbooks].
SECTION 2E.19. The heading to Subchapter B, Chapter 31,
Education Code, is amended to read as follows:
SUBCHAPTER B. STATE APPROVAL
[FUNDING, ADOPTION, AND PURCHASE]
SECTION 2E.20. Subchapter B, Chapter 31, Education Code, is
amended by adding Sections 31.0251 and 31.0252 to read as follows:
Sec. 31.0251. SUBMISSION OF INSTRUCTIONAL MATERIALS;
REVIEW. (a) A publisher may at any time submit an instructional
material to the State Board of Education for approval. As part of a
submission, a publisher must include a statement that identifies in
writing the essential knowledge and skills for a subject and grade
level as determined by the board under Section 28.002 that the
instructional material covers.
(b) The board shall:
(1) promptly review each instructional material
submitted for approval; and
(2) determine whether the essential knowledge and
skills identified in the submission are covered in the student
version of the instructional material, as well as in the teacher
version of the instructional material.
Sec. 31.0252. APPROVAL BY STATE BOARD OF EDUCATION. (a)
The State Board of Education shall meet biannually to approve
instructional materials submitted under Section 31.0251. The board
must approve or reject each submitted instructional material not
later than the second meeting held under this section after the date
the instructional material was submitted.
(b) By majority vote, the State Board of Education shall
approve an instructional material submitted under Section 31.0251
unless the board determines, based on the board's own review, that
the student version of the instructional material, as well as the
teacher version of the instructional material, does not each
contain the essential knowledge and skills identified by the
publisher in the submission. The board shall identify the
essential knowledge and skills for a subject and grade level that an
approved instructional material covers in both the student and
teacher versions of the instructional material.
(c) Each approved instructional material must be free from
factual errors.
(d) For each subject and grade level, the board shall list
the approved instructional materials. The board shall
periodically:
(1) review each list of approved instructional
materials; and
(2) by majority vote, remove approved instructional
materials that the board determines no longer adequately cover the
appropriate essential knowledge and skills.
SECTION 2E.21. Sections 31.026-31.030, Education Code, are
amended to read as follows:
Sec. 31.026. CONTRACT; PRICE. (a) The Department of
Information Resources may [State Board of Education shall] execute
a contract[:
[(1)] for the purchase or licensing of each approved
instructional material [adopted textbook other than an electronic
textbook; and
[(2) for the purchase or licensing of each adopted
electronic textbook].
(b) A contract must require the publisher to provide all of
the approved instructional materials [the number of textbooks]
required by public schools [school districts] in this state for the
term of the contract[, which must coincide with the board's
adoption cycle].
(c) As applicable, a contract must provide for the purchase
or licensing of instructional materials [a textbook] at a
[specific] price determined through negotiation between the
publisher and the Department of Information Resources that does [,
which may] not exceed the lowest price paid by any other state or
any school or school district. The price must be fixed for the term
of the contract.
(d) The Department of Information Resources shall execute a
blanket purchase order with the publisher of an approved
instructional material. A school district may requisition
instructional materials under the purchase order.
(e) The agency and the Department of Information Resources
shall enter into an interagency contract specifying each agency's
duties regarding the purchasing and licensing of instructional
materials.
(f) The contract may allow the publisher of an approved
instructional material to update the material as provided by
Section 31.033.
Sec. 31.027. INFORMATION TO PUBLIC SCHOOLS [SCHOOL
DISTRICTS]; SAMPLE COPIES. (a) A publisher shall provide each
public school [district and open-enrollment charter school] with
information that fully describes each of the publisher's approved
instructional materials. [adopted textbooks. On request of a
school district, a publisher shall provide a sample copy of an
adopted textbook.]
(b) A publisher shall provide at least two sample copies of
each approved instructional material [adopted textbook] to be
maintained at each regional education service center.
Sec. 31.028. SPECIAL INSTRUCTIONAL MATERIALS [TEXTBOOKS].
(a) The State Board of Education may provide for [purchase] special
instructional materials [textbooks] for the education of blind and
visually impaired students in public schools. In addition, for a
teacher who is blind or visually impaired, the board shall provide a
teacher's edition in Braille or large type, as requested by the
teacher, for each printed instructional material [textbook] the
teacher uses in the instruction of students. The printed teacher
edition must be available at the same time the printed student
instructional materials [textbooks] become available.
(b) The publisher of an approved printed instructional
material [adopted textbook] shall provide the agency with
computerized [textbook] files for the production of Braille
instructional materials [textbooks] or other versions of
instructional materials [textbooks] to be used by students with
disabilities, on request of the State Board of Education. A
publisher shall arrange the computerized [textbook] files in one of
several optional formats specified by the State Board of Education.
(c) The board shall require electronic instructional
materials submitted for approval under Section 31.0251 to comply
with the standards established under Section 508, Rehabilitation
Act of 1973 (29 U.S.C. Section 794d) [may also enter into agreements
providing for the acceptance, requisition, and distribution of
special textbooks and instructional aids pursuant to 20 U.S.C.
Section 101 et seq.] for use by students enrolled in:
(1) public schools; or
(2) private nonprofit schools, if state funds, other
than for administrative costs, are not involved.
(d) In this section:
(1) "Blind or visually impaired student" includes any
student whose visual acuity is impaired to the extent that the
student is unable to read the text [print] in [a] regularly approved
instructional materials [adopted textbook] used in the student's
class.
(2) "Special instructional materials" [textbook"]
means instructional materials [a textbook] in Braille, large type
or any other medium or any apparatus that conveys information to a
student or otherwise contributes to the learning process.
Sec. 31.029. BILINGUAL INSTRUCTIONAL MATERIALS
[TEXTBOOKS]. The board shall approve instructional materials
[purchase or otherwise acquire textbooks] for use in bilingual
education classes.
Sec. 31.030. USED INSTRUCTIONAL MATERIALS [TEXTBOOKS]. The
State Board of Education shall adopt rules to ensure that used
instructional materials [textbooks] sold to public schools [school
districts and open-enrollment charter schools] are not sample
copies that contain factual errors. The rules may provide for the
imposition of an administrative penalty in accordance with Section
31.151 against a seller of used instructional materials [textbooks]
who knowingly violates this section.
SECTION 2E.22. Section 31.031(b), Education Code, as added
by S.B. No. 151, Acts of the 79th Legislature, Regular Session,
2005, is amended to read as follows:
(b) From the amount set aside by the State Board of
Education under Section 31.021(c) or allocated to a school district
under Section 32.005(d), the school district that a student
entitled to free textbooks under the pilot project established by
Section 54.2161 attends shall pay the costs of each textbook the
student requires for a course described by Section 54.2161(b)(2).
SECTION 2E.23. Subchapter B, Chapter 31, Education Code, is
amended by adding Sections 31.032 and 31.033 to read as follows:
Sec. 31.032. SUBSCRIPTION-BASED ELECTRONIC INSTRUCTIONAL
MATERIALS. The publisher of an approved electronic instructional
material may offer the material to public schools on an annual
subscription basis.
Sec. 31.033. UPDATING INSTRUCTIONAL MATERIALS. The
publisher of an approved instructional material may, under the
terms of a contract under Section 31.026, update the instructional
material. The State Board of Education by rule shall provide for an
expedited review process to determine the extent to which an
updated instructional material:
(1) is aligned with the essential knowledge and skills
for the subject and grade level; and
(2) does not contain factual errors.
SECTION 2E.24. Subchapter C, Chapter 31, Education Code, is
amended by adding Sections 31.1012 and 31.1013 to read as follows:
Sec. 31.1012. LOCAL SELECTION AND PURCHASE. A school
district shall:
(1) select the instructional materials to be used by
the district; and
(2) using funds allotted under Section 32.005 or other
funds that may be used for the purpose, purchase those materials:
(A) directly from the publisher of the materials;
or
(B) through the Department of Information
Resources, if the materials have been approved by the State Board of
Education.
Sec. 31.1013. CERTIFICATION OF PROVISION OF INSTRUCTIONAL
MATERIALS. Each school district shall annually certify to the
agency that, for each subject in the required curriculum and each
grade level, the district provides each student with instructional
materials that are aligned with the essential knowledge and skills
adopted by the State Board of Education for that subject and grade
level.
SECTION 2E.25. Section 31.102, Education Code, is amended
to read as follows:
Sec. 31.102. TITLE AND CUSTODY. (a) Each instructional
material [textbook] purchased as provided by this chapter is the
property of this state.
(b) Subsection (a) applies to an electronic instructional
material [textbook] only to the extent of any applicable licensing
agreement.
(c) The board of trustees of a school district [or the
governing body of an open-enrollment charter school] is the legal
custodian of instructional materials [textbooks] purchased as
provided by this chapter for the district [or school]. The board of
trustees shall distribute instructional materials [textbooks] to
students in the manner that the board [or governing body]
determines is most effective and economical.
SECTION 2E.26. Sections 31.104-31.106, Education Code, are
amended to read as follows:
Sec. 31.104. DISTRIBUTION AND HANDLING. (a) The board of
trustees of a school district [or the governing body of an
open-enrollment charter school] may delegate to an employee the
authority to requisition, distribute, and manage the inventory of
instructional materials [textbooks] in a manner consistent with
this chapter and rules adopted under this chapter.
(b) A school district [or open-enrollment charter school]
may order replacements for instructional materials [textbooks]
that have been lost or damaged directly from[:
[(1) the textbook depository; or
[(2)] the [textbook] publisher of the instructional
materials [or manufacturer if the textbook publisher or
manufacturer does not have a designated textbook depository in this
state under Section 31.151(a)(6)(B)].
(c) Each instructional material [textbook] must state that
the instructional material [textbook] is the property of or is
licensed to this state, as appropriate. The board may require the
publisher of a textbook that must be returned by a student under
Subsection (d) to place a bar code with a unique identifying number
on the textbook. Each instructional material [textbook], other
than an electronic instructional material [textbook], must be
covered by the student under the direction of the teacher. A student
must return all instructional materials [textbooks] to the teacher
at the end of the school year or when the student withdraws from
school.
(d) Each student, or the student's parent or guardian, is
responsible for each instructional material [textbook] not
returned by the student. A student who fails to return all
instructional materials [textbooks] forfeits the right to free
instructional materials [textbooks] until each instructional
material [textbook] previously issued but not returned is paid for
by the student, parent, or guardian. As provided by policy of the
board of trustees [or governing body], a school district [or
open-enrollment charter school] may waive or reduce the payment
requirement if the student is from a low-income family. The
district [or school] shall allow the student to use instructional
materials [textbooks] at school during each school day. If an
instructional material [a textbook] is not returned or paid for,
the district [or school] may withhold the student's records. A
district [or school] may not, under this subsection, prevent a
student from graduating, participating in a graduation ceremony, or
receiving a diploma.
(e) The board of trustees of a school district may not
require an employee of the district to pay for an instructional
material [a textbook] or instructional technology that is stolen,
misplaced, or not returned by a student.
Sec. 31.105. SALE, EXCHANGE, OR LOAN OF INSTRUCTIONAL
MATERIALS [TEXTBOOKS]. (a) The board of trustees of a school
district [or governing body of an open-enrollment charter school]
may sell instructional materials [textbooks], other than
electronic instructional materials [textbooks], to a student or
another school at a [the state contract] price determined by board
rule. Money [The district shall send money] from the sale of
instructional materials may be used only to purchase items that may
be purchased lawfully using the allotment provided by Section
32.005.
(b) Subject to any applicable licensing agreement, the
board of trustees of a school district may:
(1) exchange instructional materials with another
school district; or
(2) loan instructional materials to another school
district [textbooks to the commissioner as required by the
commissioner. The commissioner shall deposit the money in the
state textbook fund].
Sec. 31.106. USE OF LOCAL FUNDS. A [In addition to any
textbook selected under this chapter, a] school district [or
open-enrollment charter school] may use local funds to purchase any
instructional materials [textbooks].
SECTION 2E.27. The heading to Section 31.151, Education
Code, is amended to read as follows:
Sec. 31.151. DUTIES OF PUBLISHERS [AND MANUFACTURERS].
SECTION 2E.28. Sections 31.151(a), (b), and (d), Education
Code, are amended to read as follows:
(a) A publisher [or manufacturer] of instructional
materials [textbooks]:
(1) shall furnish any instructional material
[textbook] the publisher [or manufacturer] offers in this state[,]
at a price that does not exceed the lowest price at which the
publisher offers that instructional material [textbook] for
adoption or sale to any state, public school, or school district in
the United States;
(2) shall automatically reduce the price of an
instructional material [a textbook] sold for use in a public school
[district or open-enrollment charter school] to the extent that the
price is reduced elsewhere in the United States;
(3) shall provide any instructional material
[textbook] or ancillary item free of charge in this state to the
same extent that the publisher [or manufacturer] provides the
instructional material [textbook] or ancillary item free of charge
to any state, public school, or school district in the United
States;
(4) shall guarantee that each copy of an instructional
material [a textbook] sold in this state is at least equal in
quality to copies of that instructional material [textbook] sold
elsewhere in the United States and is free from factual error;
(5) may not become associated or connected with,
directly or indirectly, any combination in restraint of trade in
instructional materials [textbooks] or enter into any
understanding or combination to control prices or restrict
competition in the sale of instructional materials [textbooks] for
use in this state;
(6) shall[:
[(A) maintain a depository in this state or
arrange with a depository in this state to receive and fill orders
for textbooks, other than on-line textbooks or on-line textbook
components, consistent with State Board of Education rules; or
[(B)] deliver instructional materials
[textbooks] to a public school [district or open-enrollment charter
school] without a delivery charge to the school [district,
open-enrollment charter school,] or state[, if:
[(i) the publisher or manufacturer does not
maintain or arrange with a depository in this state under Paragraph
(A) and the publisher's or manufacturer's textbooks and related
products are warehoused or otherwise stored less than 300 miles
from a border of this state; or
[(ii) the textbooks are on-line textbooks
or on-line textbook components];
(7) shall, at the time an order for instructional
materials [textbooks] is acknowledged, provide to public [school
districts or open-enrollment charter] schools an accurate shipping
date for instructional materials [textbooks] that are
back-ordered;
(8) shall guarantee delivery of instructional
materials [textbooks] at least 10 business days before the opening
day of school of the year for which the instructional materials
[textbooks] are ordered if the instructional materials [textbooks]
are ordered by a date specified in the sales contract; and
(9) shall submit to the State Board of Education an
affidavit certifying any instructional material [textbook] the
publisher [or manufacturer] offers in this state to be free of
factual errors at the time the publisher executes the contract
required by Section 31.026.
(b) The State Board of Education may impose a reasonable
administrative penalty against a publisher [or manufacturer] who
knowingly violates Subsection (a). The board shall provide for a
hearing to be held to determine whether a penalty is to be imposed
and, if so, the amount of the penalty. The board shall base the
amount of the penalty on:
(1) the seriousness of the violation;
(2) any history of a previous violation;
(3) the amount necessary to deter a future violation;
(4) any effort to correct the violation; and
(5) any other matter justice requires.
(d) A penalty collected under this section shall be
deposited to the credit of the foundation school [state textbook]
fund.
SECTION 2E.29. The heading to Section 31.152, Education
Code, is amended to read as follows:
Sec. 31.152. ACCEPTING REBATE ON INSTRUCTIONAL MATERIALS
[TEXTBOOKS].
SECTION 2E.30. Sections 31.152(a), (b), and (d), Education
Code, are amended to read as follows:
(a) A school trustee, administrator, or teacher commits an
offense if that person receives any commission or rebate on any
instructional materials [textbooks] used in the schools with which
the person is associated as a trustee, administrator, or teacher.
(b) A school trustee, administrator, or teacher commits an
offense if the person accepts a gift, favor, or service that:
(1) is given to the person or the person's school;
(2) might reasonably tend to influence a trustee,
administrator, or teacher in the selection of instructional
materials [a textbook]; and
(3) could not be lawfully purchased with state
instructional materials funds [from the state textbook fund].
(d) In this section, "gift, favor, or service" does not
include:
(1) staff development, in-service, or teacher
training; or
(2) ancillary [instructional] materials, such as maps
or worksheets, that convey information to the student or otherwise
contribute to the learning process.
SECTION 2E.31. The heading to Section 31.153, Education
Code, is amended to read as follows:
Sec. 31.153. VIOLATION OF FREE INSTRUCTIONAL MATERIALS
[TEXTBOOK] LAW.
SECTION 2E.32. Section 31.153(a), Education Code, is
amended to read as follows:
(a) A person commits an offense if the person knowingly
violates any law providing for the purchase or distribution of free
instructional materials [textbooks] for the public schools.
SECTION 2E.33. Subchapter E, Chapter 31, Education Code, is
amended to read as follows:
SUBCHAPTER E. DISPOSITION OF
INSTRUCTIONAL MATERIALS [TEXTBOOKS]
Sec. 31.201. DISPOSITION OF INSTRUCTIONAL MATERIALS
[TEXTBOOKS]. (a) The commissioner, with the approval of the State
Board of Education, may provide for the disposition of:
(1) instructional materials [textbooks], other than
electronic instructional materials [textbooks], that are no longer
in acceptable condition to be used for instructional purposes; or
(2) discontinued instructional materials [textbooks],
other than electronic instructional materials [textbooks].
(b) The commissioner, as provided by rules adopted by the
State Board of Education, shall make available on request copies of
discontinued instructional materials [textbooks], other than
electronic instructional materials [textbooks], for use in
libraries maintained in municipal and county jails and facilities
of the institutional division of the Texas Department of Criminal
Justice and other state agencies.
(c) The State Board of Education shall adopt rules under
which a public school [district or open-enrollment charter school]
may donate discontinued instructional materials [textbooks], other
than electronic instructional materials [textbooks], to a student,
to an adult education program, or to a nonprofit organization.
SECTION 2E.34. Subchapter A, Chapter 32, Education Code, is
amended by adding Section 32.0011 to read as follows:
Sec. 32.0011. ADVISORY COMMITTEE FOR TECHNOLOGY AND
IMPLEMENTATION. (a) The commissioner, in consultation with the
lieutenant governor, the speaker of the house of representatives,
and the presiding officers of the standing committees of the senate
and the house of representatives with jurisdiction over the agency,
shall appoint an advisory committee of business, education, and
public members to assist the agency and permit the agency to monitor
changing technology in business, industry, and education.
(b) The advisory committee is subject to Chapters 551 and
552, Government Code.
SECTION 2E.35. Sections 32.002 and 32.003, Education Code,
are amended to read as follows:
Sec. 32.002. AUTHORITY OF PUBLIC SCHOOL [DISTRICT]. A
public school [district] is not required by this subchapter to
acquire or use technology that has been approved, selected, or
contracted for by the State Board of Education or the commissioner.
Sec. 32.003. AUTHORITY OF COMMISSIONER TO CONTRACT. The
commissioner may contract with developers of technology to supply
technology for use by public schools [school districts] throughout
this state.
SECTION 2E.36. The heading to Section 32.005, Education
Code, is amended to read as follows:
Sec. 32.005. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
ALLOTMENT.
SECTION 2E.37. Effective September 1, 2005, Section 32.005,
Education Code, is amended by amending Subsections (a) and (b) and
adding Subsection (d) to read as follows:
(a) Each school district is entitled to an allotment of $50
[$30] for each student in average daily attendance or a different
amount for any year provided by appropriation.
(b) An allotment under this section may be used only to:
(1) provide for the purchase by school districts of
instructional materials [electronic textbooks] or technological
equipment that contributes to student learning; and
(2) pay for training educational personnel directly
involved in student learning in the appropriate use of electronic
instructional materials [textbooks] and for providing for access to
technological equipment for instructional use.
(d) This subsection applies only if the pilot project
established under Section 54.2161 is implemented. In addition to
amounts to which the district is entitled under Subsection (a), a
school district is entitled to an amount sufficient for the
district to pay the costs of textbooks for students participating
in the pilot project established under Section 54.2161. This
subsection expires August 15, 2009.
SECTION 2E.38. Effective September 1, 2006, Section 32.005,
Education Code, is amended by amending Subsection (a) and adding
Subsection (a-1) to read as follows:
(a) Each school district is entitled to an allotment of $125
[$30] for each student in average daily attendance or a different
amount for any year provided by appropriation.
(a-1) From the funds a school district receives under
Subsection (a), the district shall use an amount equal to $50 for
each student in average daily attendance to fund targeted
technology programs under Section 32.006. A school district shall
use funds for targeted technology programs in a manner that allows
each student and teacher assigned to a targeted campus, grade level
on a campus, or specific educational program to benefit from a
targeted technology program. The commissioner shall adopt rules
concerning the use of funds under this subsection. This subsection
expires August 31, 2007.
SECTION 2E.39. Effective September 1, 2007, Section 32.005,
Education Code, is amended by amending Subsection (a) and adding
Subsection (a-1) to read as follows:
(a) Each school district is entitled to an allotment of $150
[$30] for each student in average daily attendance or a different
amount for any year provided by appropriation.
(a-1) From the funds a school district receives under
Subsection (a), the district shall use an amount equal to $60 for
each student in average daily attendance to fund targeted
technology programs under Section 32.006. A school district shall
use funds for targeted technology programs in a manner that allows
each student and teacher assigned to a targeted campus, grade level
on a campus, or specific educational program to benefit from a
targeted technology program. The commissioner shall adopt rules
concerning the use of funds under this subsection.
SECTION 2E.40. Subchapter A, Chapter 32, Education Code, is
amended by adding Sections 32.006 and 32.007 to read as follows:
Sec. 32.006. TARGETED TECHNOLOGY PROGRAMS. (a) Each school
district shall use funds designated for targeted technology
programs under Section 32.005(a-1) in accordance with this section
and in a manner consistent with the long-range plan developed by the
State Board of Education under Section 32.001 and the district's
own technology plan. A school district may use funds from other
sources, including grants, donations, and state and federal funds,
to provide targeted technology programs.
(b) A targeted technology program must provide for each
student and teacher at a targeted campus or grade level on a
targeted campus:
(1) the provision of:
(A) wireless electronic mobile computing
devices;
(B) productivity software and hardware,
including writing, computation, presentation, printing, and
communication tools;
(C) electronic learning software aligned with
the essential knowledge and skills adopted by the State Board of
Education under Section 28.002;
(D) library and other research tools;
(E) electronic assessment tools;
(F) electronic learning tools to improve
communications among students, teachers, school administrators,
parents, and the community; and
(G) classroom management systems;
(2) professional development for teachers to
integrate the tools and solutions described by Subdivision (1); or
(3) the provision of other infrastructure,
components, and technologies to support and enhance student
performance through individual instruction programs.
(c) The Legislative Budget Board shall:
(1) conduct a biennial study of the cost of school
district targeted technology programs, including the cost of
implementing those programs on a statewide basis; and
(2) based on the results of the study required by
Subdivision (1), make recommendations to the legislature before the
beginning of each regular session of the legislature concerning
statewide implementation of targeted technology programs.
(d) Each biennium, the Legislative Budget Board and the
commissioner shall jointly conduct a performance evaluation of
school district targeted technology programs.
Sec. 32.007. AGREEMENT WITH PUBLIC BROADCASTING STATION.
(a) The commissioner may enter into an agreement with a public
broadcasting station, or a consortium of public broadcasting
stations, under which the station or consortium will provide online
instructional content and educational materials.
(b) From funds appropriated to the agency, the commissioner
may, under an agreement entered into under Subsection (a), make
instructional materials available through public broadcasting
stations for purposes of instruction and professional development
and for use in providing adult-based education.
(c) An agreement entered into under Subsection (a) must, to
the extent practicable, provide access to instructional materials
and online content to persons located in all parts of this state.
(d) For purposes of providing high-quality online
instructional materials under this section, the commissioner may:
(1) use federal funds that may be used for those
purposes; or
(2) use unexpended balances of funds appropriated to
the agency for educational purposes, including adult education.
SECTION 2E.41. The heading to Section 32.154, Education
Code, as added by Chapter 834, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
Sec. 32.154. [DISTRICT OR] SCHOOL SELECTION.
SECTION 2E.42. Section 32.154, Education Code, as added by
Chapter 834, Acts of the 78th Legislature, Regular Session, 2003,
is amended by amending Subsection (b) and adding Subsection (a-1)
to read as follows:
(a-1) In addition to school districts and schools selected
before September 1, 2005, for participation in the technology
immersion pilot project, the agency shall expand the program by
selecting for participation in the pilot project for the 2005-2006
and subsequent school years each high school to which a school
district regularly assigns students who were enrolled in grade
eight during the 2004-2005 school year at a district school
participating in the pilot project. The agency shall establish
criteria for expanding the pilot project under this subsection.
(b) Except as provided by Subsection (a-1), the [The] agency
shall select the participating [districts and] schools for the
pilot project based on each [district's or] school's need for the
pilot project. In selecting participants, the agency shall
consider the following criteria:
(1) whether the [district or] school has limited
access to educational resources that could be improved through the
use of wireless mobile computing devices and other technologies;
(2) whether the [district or] school has the following
problems and whether those problems can be mitigated through the
use of wireless mobile computing devices and other technologies:
(A) documented teacher shortages in critical
areas;
(B) limited access to advanced placement
courses;
(C) low rates of satisfactory performance on
assessment instruments under Subchapter B, Chapter 39; and
(D) high dropout rates;
(3) the [district's or] school's readiness to
incorporate technology into its classrooms;
(4) the possibility of obtaining a trained technology
support staff and high-speed Internet services for the [district
or] school; and
(5) the methods the [district or] school will use to
measure the progress of the pilot project in the district or school
in accordance with Section 32.155(e).
SECTION 2E.43. Section 32.156, Education Code, as added by
Chapter 1216, Acts of the 78th Legislature, Regular Session, 2003,
is amended to read as follows:
Sec. 32.156. ON-LINE INSTRUCTIONAL MATERIALS [TEXTBOOKS].
(a) The agency may develop and adopt strategies for making
instructional materials [textbooks] available through the portal
or through other means in an electronic format as an alternative or
supplement to traditional instructional materials [textbooks].
(b) In developing and adopting strategies under this
section, the agency shall seek to achieve a system under which a
student may, in addition to [a] traditional instructional materials
[textbook], be provided with secure Internet access to each
instructional material [textbook] used by the student.
SECTION 2E.44. Section 32.161(b), Education Code, is
amended to read as follows:
(b) To the extent possible considering other statutory
requirements, the commissioner and agency shall encourage the use
of instructional materials [textbook funds] and technology
allotment funds under Section 32.005 [31.021(b)(2)] in a manner
that facilitates the development and use of the portal.
SECTION 2E.45. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0232 to read as follows:
Sec. 39.0232. COMPUTER-ADAPTIVE ASSESSMENT. (a) To the
extent practicable and appropriate, the agency shall provide for
assessment instruments required under Section 39.023 to be designed
so that those assessment instruments can be computer-adaptive.
(b) To the extent practicable and appropriate, the agency
shall require school districts to administer to students the
computer-adaptive assessment instruments.
(c) The commissioner may adopt rules to implement this
section.
(d) As necessary to implement this section, the
commissioner by rule may delay the release of assessment instrument
questions and answer keys under Section 39.023(e).
(e) The agency shall implement this section not later than
May 1, 2007. This subsection expires September 1, 2007.
SECTION 2E.46. Subchapter B, Chapter 44, Education Code, is
amended by adding Section 44.046 to read as follows:
Sec. 44.046. PURCHASE OF INSTRUCTIONAL MATERIALS.
Notwithstanding Section 44.031, a public school may purchase
instructional materials, as defined by Section 31.002, under a
blanket purchase order executed by the Department of Information
Resources under Section 31.026.
SECTION 2E.47. Sections 31.002(3), 31.021, 31.022, 31.023,
31.024, 31.025, 31.101, 31.103, and 31.1031, Education Code, and
Sections 32.154(a) and (c), Education Code, as added by Chapter
834, Acts of the 78th Legislature, Regular Session, 2003, are
repealed.
PART F. BILINGUAL EDUCATION AND SPECIAL
EDUCATION PROGRAMS
SECTION 2F.01. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.0485 and 21.0486 to read as follows:
Sec. 21.0485. DUAL LANGUAGE EDUCATION TEACHER
CERTIFICATION. (a) To ensure that there are teachers with special
training to work with other teachers and with students in a dual
language education program, the board shall establish a dual
language education teaching certificate.
(b) The board shall adopt rules establishing the training
requirements, including the minimum academic qualifications, a
person must accomplish to obtain a certificate under this section.
(c) The board shall adopt rules establishing the
requirements for a teacher who receives training in a foreign
country to obtain a certificate under this section.
Sec. 21.0486. MASTER LANGUAGE TEACHER CERTIFICATION.
(a) To ensure that there are teachers with special training to
work with other teachers and with students in order to improve
student performance in English and other languages, the board shall
establish:
(1) a master language teacher certificate to teach
bilingual education, dual language instruction, or English as a
second language at elementary school grade levels;
(2) a master language teacher certificate to teach
bilingual education, dual language instruction, or English as a
second language at middle school grade levels; and
(3) a master language teacher certificate to teach
dual language instruction at high school grade levels.
(b) The board shall issue the appropriate master language
teacher certificate to each eligible person.
(c) To be eligible for a master language teacher
certificate, a person must:
(1) hold a teaching certificate issued under this
subchapter;
(2) have at least three years of experience teaching
bilingual education, dual language instruction, or English as a
second language;
(3) satisfactorily complete a knowledge-based course
of instruction on second language acquisition and the science of
teaching children language that includes training in language
instruction and professional peer mentoring techniques that,
through scientific testing, have been proven effective;
(4) perform satisfactorily on the appropriate master
language certification examination prescribed by the board; and
(5) satisfy any other requirements prescribed by the
board.
SECTION 2F.02. Section 21.050(b), Education Code, is
amended to read as follows:
(b) The board may not require more than 18 semester credit
hours of education courses at the baccalaureate level for the
granting of a teaching certificate. The board shall provide for a
minimum number of semester credit hours of internship to be
included in the hours needed for certification. The board may
propose rules requiring additional credit hours for certification
in bilingual education, dual language instruction, English as a
second language, early childhood education, or special education.
SECTION 2F.03. Section 21.054, Education Code, is amended
by adding Subsection (c) to read as follows:
(c) Rules adopted under Subsection (a) must permit an
educator to fulfill continuing education requirements by acquiring
conversational skills in one or more languages other than English
and academic language development in the subject area for which the
educator provides instruction. The rules must permit educators to
obtain language instruction through a variety of methods, including
attendance at workshops offered by qualified entities and
enrollment on a noncredit basis in courses offered by public or
private colleges and universities.
SECTION 2F.04. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.060 to read as follows:
Sec. 21.060. NOTICE OF EDUCATIONAL AIDE TUITION EXEMPTION.
On issuing an educator certificate to an educational aide or
renewing such a certificate, the board shall notify the person to
whom the certificate is issued of the existence of the educational
aide exemption under Section 54.214.
SECTION 2F.05. Section 28.0051, Education Code, is amended
by adding Subsection (d) to read as follows:
(d) The board shall provide for the issuance of teaching
certificates appropriate for dual language instruction to teachers
who:
(1) possess a speaking, reading, and writing language
ability in a language other than English in which a dual language
immersion program is offered; and
(2) meet the general requirements of Subchapter B,
Chapter 21.
SECTION 2F.06. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.0052 to read as follows:
Sec. 28.0052. DUAL LANGUAGE EDUCATION PILOT PROJECT. (a)
The commissioner shall establish a pilot project in school
districts selected by the commissioner under which the agency
examines dual language education programs and the effect of those
programs on a student's ability to graduate from high school.
(b) In selecting school districts under Subsection (a), the
commissioner shall:
(1) select districts that:
(A) will commit to at least a three-year dual
language education program; and
(B) demonstrate a substantially equal enrollment
of students with limited English proficiency and students whose
primary language is English or, if a district does not have a
sufficient number of limited English proficiency students to meet
the equal enrollment standard, include the enrollment of students
with limited English proficiency, students whose primary language
is English, and bilingual students; and
(2) give preference to a district that:
(A) demonstrates the potential for expanding the
program through middle school; and
(B) will implement the program at the
kindergarten level.
(c) The commissioner by rule shall require a district to
limit activities of the dual language education program during the
first year of the program to planning activities, including:
(1) hiring and training teachers and ensuring teacher
certification;
(2) establishing parental and community support for
the program; and
(3) acquiring adequate learning materials in both
program languages.
(d) From amounts appropriated to the agency, the
commissioner shall award grants to school districts that
participate in the program. A grant under this section must be in
an amount sufficient to pay the costs to the district of
participating in the program, as determined by the commissioner. A
determination of the commissioner under this subsection is final
and may not be appealed.
(e) A school district that applies for the expansion of an
existing dual language education program is eligible for a grant
under Subsection (d).
(f) A school district may use a grant awarded under
Subsection (d) for:
(1) classroom materials;
(2) tuition and textbook expenses for students seeking
teacher certification under Section 21.0485; and
(3) other necessary costs of operating the program, as
approved by the commissioner.
(f-1) During the 2005-2006 school year, the commissioner
may award grants to school districts under this section only for the
purpose of planning activities described by Subsection (c) in an
amount not to exceed two percent of the total amount required to
fully implement the pilot program for the 2006-2007 school year.
This subsection expires September 1, 2007.
(g) Grants under this section may not exceed $13 million for
each biennium.
(h) The agency shall report to the legislature describing
the agency's activities under the pilot project, the effect of the
project on grade-level completion, and the recommendations arising
from the project. The agency shall submit an interim report under
this subsection not later than January 1, 2009, and a final report
not later than January 1, 2011.
(i) This section expires August 1, 2011.
SECTION 2F.07. Section 29.056, Education Code, is amended
by amending Subsections (a), (d), and (g) and adding Subsections
(g-1) and (i) to read as follows:
(a) The agency shall establish standardized criteria for
the identification, assessment, and classification of students of
limited English proficiency eligible for entry into the program or
exit from the program. Except as provided by this subsection, the
[The] student's parent must approve a student's entry into the
program, exit from the program, or placement in the program. A
school district shall provide notice to the student's parent that
the district intends to transfer the student from the program. If
the student's parent fails to respond to the notice on or before the
30th day after the date the notice is provided, the district may
transfer the student from the program without the student's
parent's approval. The district must inform the student's parent of
the student's transfer from the program. The school district or
parent may appeal the decision under Section 29.064. The criteria
for identification, assessment, and classification may include:
(1) results of a home language survey conducted within
four weeks of each student's enrollment to determine the language
normally used in the home and the language normally used by the
student, conducted in English and the home language, signed by the
student's parents if the student is in kindergarten through grade 8
or by the student if the student is in grades 9 through 12, and kept
in the student's permanent folder by the language proficiency
assessment committee;
(2) the results of an agency-approved English language
proficiency test administered to all students identified through
the home survey as normally speaking a language other than English
to determine the level of English language proficiency, with
students in kindergarten or grade 1 being administered an oral
English proficiency test and students in grades 2 through 12 being
administered an oral English proficiency test and, if the oral
English proficiency test demonstrates proficiency, a written
English proficiency test; and
(3) the results of an agency-approved proficiency test
in the primary language administered to all students identified
under Subdivision (2) as being of limited English proficiency to
determine the level of primary language proficiency, with students
in kindergarten or grade 1 being administered an oral primary
language proficiency test and students in grades 2 through 12 being
administered an oral and written primary language proficiency test.
(d) Not later than the 20th [10th] day after the date of the
student's classification as a student of limited English
proficiency, the language proficiency assessment committee shall
give written notice of the classification to the student's parent.
The notice must be in English and the parent's primary language.
The parents of students eligible to participate in the required
bilingual education program shall be informed of the benefits of
the bilingual education or special language program and that it is
an integral part of the school program.
(g) A district may transfer a student of limited English
proficiency out of a bilingual education or special language
program for the first time or a subsequent time if the student is
able to participate equally in a regular all-English instructional
program as determined by:
(1) agency-approved tests administered at the end of
each school year to determine the extent to which the student has
developed oral and written language proficiency and specific
language skills in [both the student's primary language and]
English;
(2) satisfactory performance on the reading
assessment instrument under Section 39.023(a) or the English I or
II assessment instrument under Section 39.023(c), as applicable,
with the assessment instrument administered in English, or, if the
student is enrolled in the first or second grade, an achievement
score at or above the 40th percentile in the reading and language
arts sections of an English standardized test approved by the
agency; and
(3) agency-approved [other indications of a student's
overall progress, including] criterion-referenced tests and the
results of a [test scores,] subjective teacher evaluation[, and
parental evaluation].
(g-1) A school district may transfer a student of limited
English proficiency who is eligible for special education services
under Subchapter A out of a bilingual education or special language
program and into a special education program if the language
proficiency assessment committee and the student's admission,
review, and dismissal committee agree that the student has a
learning disability and would be better served in a special
education program. The student's admission, review, and dismissal
committee must document that the student has a learning disability
that cannot be addressed effectively in a bilingual education or
special language program and that the student's learning disability
is not due to the student's limited English proficiency. The
commissioner by rule shall adopt criteria for a school district to
use in transferring a student under this subsection.
(i) On approval of the student's parent, a school district
may allow a student of limited English proficiency who meets the
criteria for being transferred out of a bilingual education or
special language program to continue participating in the program.
SECTION 2F.08. Subchapter B, Chapter 29, Education Code, is
amended by adding Section 29.0561 to read as follows:
Sec. 29.0561. EVALUATION OF TRANSFERRED STUDENTS;
REENROLLMENT. (a) The language proficiency assessment committee
shall reevaluate a student who is transferred out of a bilingual
education or special language program under Section 29.056(g) if
the student earns a failing grade in a subject in the foundation
curriculum under Section 28.002(a)(1) during any grading period in
the first two school years after the student is transferred to
determine whether the student should be reenrolled in a bilingual
education or special language program.
(b) During the first two school years after a student is
transferred out of a bilingual education or special language
program under Section 29.056(g), the language proficiency
assessment committee shall review the student's performance and
consider:
(1) the total amount of time the student was enrolled
in a bilingual education or special language program;
(2) the student's grades each grading period in each
subject in the foundation curriculum under Section 28.002(a)(1);
(3) the student's performance on each assessment
instrument administered under Section 39.023(a) or (c);
(4) the number of credits the student has earned
toward high school graduation, if applicable; and
(5) any disciplinary actions taken against the student
under Subchapter A, Chapter 37.
(c) After an evaluation under this section, the language
proficiency assessment committee may require intensive instruction
for the student or reenroll the student in a bilingual education or
special language program.
SECTION 2F.09. Subchapter B, Chapter 29, Education Code, is
amended by adding Section 29.065 to read as follows:
Sec. 29.065. MEASURE OF PROGRESS TOWARD ENGLISH LANGUAGE
PROFICIENCY. The commissioner by rule shall develop a longitudinal
measure of progress toward English language proficiency under which
a student of limited English proficiency is evaluated from the time
the student enters public school until, for two consecutive school
years, the student scores at a specific level determined by the
commissioner on the reading assessment instrument under Section
39.023(a) or the English I or II assessment instrument under
Section 39.023(c), as applicable. The commissioner shall:
(1) as part of the measure of progress, include
student advancement from one proficiency level to a higher level
under the reading proficiency in English assessment system
developed under Section 39.027(e) and from the highest level under
that assessment system to the level determined by the commissioner
under this section on the reading assessment instrument under
Section 39.023(a) or the English I or II assessment instrument
under Section 39.023(c), as applicable; and
(2) to the extent practicable in developing the
measure of progress, use applicable research and analysis done in
developing an annual measurable achievement objective as required
by Section 3122, No Child Left Behind Act of 2001 (20 U.S.C. Section
6842).
SECTION 2F.10. Not later than January 1, 2006, the
Educators' Professional Practices Board shall adopt rules:
(1) establishing requirements and prescribing an
examination for master language teacher certification as required
by Section 21.0486, Education Code, as added by this Act;
(2) establishing requirements and prescribing an
examination for dual language instruction teacher certification as
required by Section 21.050(b), Education Code, as amended by this
Act, and Section 28.0051(d), Education Code, as added by this Act;
and
(3) permitting an educator to fulfill continuing
education requirements by acquiring conversational skill in a
language other than English, as required by Section 21.054(c),
Education Code, as added by this Act.
PART G. HIGH ACADEMIC ACHIEVEMENT PROGRAMS
SECTION 2G.01. Subchapter D, Chapter 29, Education Code, is
amended by adding Section 29.124 to read as follows:
Sec. 29.124. TEXAS GOVERNOR'S SCHOOLS. (a) In this
section, "public senior college or university" has the meaning
assigned by Section 61.003.
(b) A Texas governor's school is a summer residential
program for high-achieving high school students. A governor's
school program may include any or all of the following educational
curricula:
(1) mathematics and science;
(2) humanities; or
(3) leadership and public policy.
(c) A public senior college or university may apply to the
commissioner to administer a Texas governor's school program under
this section. The commissioner shall give preference to a public
senior college or university that applies in cooperation with a
nonprofit association. The commissioner shall give additional
preference if the nonprofit association receives private
foundation funds that may be used to finance the program.
(d) The commissioner may approve an application under this
section only if the applicant:
(1) applies within the period and in the manner
required by rule adopted by the commissioner;
(2) submits a program proposal that includes:
(A) a curriculum consistent with Subsection (b);
(B) criteria for selecting students to
participate in the program;
(C) a statement of the length of the program,
which must be at least three weeks; and
(D) a statement of the location of the program;
(3) agrees to use a grant under this section only for
the purpose of administering a program; and
(4) satisfies any other requirements established by
rule adopted by the commissioner.
(e) From funds appropriated for the purpose, the
commissioner may make a grant in an amount not to exceed $750,000
each year to public senior colleges or universities whose
applications are approved under this section to pay the costs of
administering a Texas governor's school program.
(f) The commissioner may adopt other rules necessary to
implement this section.
SECTION 2G.02. Section 39.051, Education Code, is amended
by adding Subsection (b-1) to read as follows:
(b-1) In addition to the indicators adopted under
Subsection (b), the commissioner shall adopt the following
indicators relating to high academic achievement to be considered
in assigning a district an exemplary performance rating under
Section 39.072:
(1) the percentage of students, disaggregated by race,
ethnicity, gender, and socioeconomic status, who are enrolled in an
educational program for gifted and talented students;
(2) student results on advanced placement and
international baccalaureate examinations, including the percentage
of students scoring three or higher on the advanced placement
examinations and the percentage of students scoring four or higher
on the international baccalaureate examinations;
(3) student results on the Scholastic Assessment Test
(SAT) and the American College Test (ACT);
(4) the percentage of students scoring in the top five
percent on nationally recognized norm-referenced assessment
instruments;
(5) the percentage of high school students enrolled in
an advanced course;
(6) the percentage of students achieving commended
performance, as determined by the State Board of Education, on an
assessment instrument required under Section 39.023(a), (c), or
(l);
(7) the percentage of students completing the
recommended or advanced high school program established under
Section 28.025; and
(8) the percentage of the district's graduating
students who enroll in an institution of higher education for the
academic year following graduation.
SECTION 2G.03. Section 39.053(a), Education Code, is
amended to read as follows:
(a) Each board of trustees shall publish an annual report
describing the educational performance of the district and of each
campus in the district that includes uniform student performance
and descriptive information as determined under rules adopted by
the commissioner. The annual report must also include:
(1) campus performance objectives established under
Section 11.253 and the progress of each campus toward those
objectives, which shall be available to the public;
(2) the performance rating for the district as
provided under Section 39.072(a) and the performance rating of each
campus in the district as provided under Section 39.072(c);
(3) the district's current special education
compliance status with the agency;
(4) a statement of the number, rate, and type of
violent or criminal incidents that occurred on each district
campus, to the extent permitted under the Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Section 1232g);
(5) information concerning school violence prevention
and violence intervention policies and procedures that the district
is using to protect students; [and]
(6) the findings that result from evaluations
conducted under the Safe and Drug-Free Schools and Communities Act
of 1994 (20 U.S.C. Section 7101 et seq.) and its subsequent
amendments; [and]
(7) information received under Section 51.403(e) for
each high school campus in the district, presented in a form
determined by the commissioner; and
(8) information relating to high academic achievement
in the district, as determined by the district's performance on the
indicators under Section 39.051(b-1).
SECTION 2G.04. (a) Not later than the 2006-2007 school
year, the Texas Education Agency shall collect information
concerning high academic achievement for purposes of Section
39.051(b-1), Education Code, as added by this Act.
(b) Not later than the 2007-2008 school year, the Texas
Education Agency shall include information concerning high
academic achievement for purposes of Section 39.051(b-1),
Education Code, as added by this Act, in evaluating the performance
of school districts, campuses, and public charter districts under
Subchapter D, Chapter 39, Education Code.
(c) Not later than the 2007-2008 school year, the Texas
Education Agency shall include the information required by Section
39.182(a)(23), Education Code, as amended by this Act, in the
agency's comprehensive annual report under Section 39.182,
Education Code.
PART H. PREKINDERGARTEN PROGRAMS
SECTION 2H.01. Section 29.1532, Education Code, is amended
by amending Subsection (b) and adding Subsections (d), (e), (f),
and (g) to read as follows:
(b) A [If a] school [district contracts with a private
entity for the operation of the] district's prekindergarten
program, including a program operated by a private entity
contracting with the district, [the program] must at a minimum
comply with the applicable child-care licensing standards adopted
by the Department of Family and Protective [and Regulatory]
Services under Section 42.042, Human Resources Code. The State
Board of Education shall adopt rules designed to ensure the school
district's compliance with the standards.
(d) Before a school district may implement a
prekindergarten program, the district shall:
(1) investigate the possibility of sharing program
sites with existing child-care programs licensed by the Department
of Family and Protective Services and existing federal Head Start
programs; and
(2) coordinate use of any sites to the greatest extent
possible.
(e) A school district shall implement to the greatest extent
possible coordinated use of licensed child-care and Head Start
sites with existing prekindergarten programs.
(f) The commissioner may adopt rules relating to the
operation of prekindergarten and early childhood care and education
programs that receive prekindergarten expansion grant program
funds to foster school readiness in children enrolled in those
programs.
(g) All of the entities that choose to share or coordinate
concerning use of a particular program site under this section
shall enter into a joint memorandum of understanding. The
memorandum of understanding must include the same or similar
provisions required by Section 29.160(c-1).
PART I. SCHOOL DISCIPLINE
SECTION 2I.01. Chapter 26, Education Code, is amended by
adding Section 26.0083 to read as follows:
Sec. 26.0083. RIGHT TO PROMPT NOTICE OF DISCIPLINARY
ACTION. (a) A parent is entitled to notice from a school district
or public charter district as provided by this section if the
parent's child is removed from class under Section 37.006 for
placement in a disciplinary alternative education program or under
Section 37.007 for expulsion or placement in a juvenile justice
alternative education program. A school district or public charter
district shall make a good faith effort to provide the notice
required by this subsection on the same day the parent's child is
removed from class. If the district fails to provide the notice on
that day, the district shall provide or mail the notice not later
than 5 p.m. on the first business day after the day the student is
removed from class.
(b) A noncustodial parent who has requested notice of
disciplinary actions as provided by Section 37.0091 is entitled to
notice under Subsection (a).
SECTION 2I.02. Section 37.001(a), Education Code, as
amended by H.B. No. 283 and H.B. No. 603, Acts of the 79th
Legislature, Regular Session, 2005, is amended to read as follows:
(a) The board of trustees of an independent school district
shall, with the advice of its district-level committee established
under Subchapter F, Chapter 11, adopt a student code of conduct for
the district. The student code of conduct must be posted and
prominently displayed at each school campus or made available for
review at the office of the campus principal. In addition to
establishing standards for student conduct, the student code of
conduct must:
(1) specify the circumstances, in accordance with this
subchapter, under which a student may be removed from a classroom,
campus, or disciplinary alternative education program;
(2) specify conditions that authorize or require a
principal or other appropriate administrator to transfer a student
to a disciplinary alternative education program;
(3) outline conditions under which a student may be
suspended as provided by Section 37.005 or expelled as provided by
Section 37.007;
(4) specify whether consideration is given, as a
factor in a decision to order suspension, removal to a disciplinary
alternative education program, or expulsion, to:
(A) self-defense;
(B) intent or lack of intent at the time the
student engaged in the conduct;
(C) a student's disciplinary history; or
(D) a disability that substantially impairs the
student's capacity to appreciate the wrongfulness of the student's
conduct;
(5) provide guidelines for setting the length of a
term of:
(A) a removal under Section 37.006; and
(B) an expulsion under Section 37.007;
(6) address the notification of a student's parent or
guardian of a violation of the student code of conduct committed by
the student that results in suspension, removal to a disciplinary
alternative education program, or expulsion;
(7) prohibit bullying, harassment, and making hit
lists and ensure that district employees enforce those
prohibitions; [and]
(8) provide, as appropriate for students at each grade
level, methods, including options, for:
(A) managing students in the classroom and on
school grounds;
(B) disciplining students; and
(C) preventing and intervening in student
discipline problems, including bullying, harassment, and making
hit lists; and
(9) provide guidelines under which:
(A) a student who unknowingly brings to school a
prohibited item, including an item described by Section
37.007(a)(1) or (b)(2), may avoid disciplinary action by turning
over the item to a school official; and
(B) the school official provides written notice
of the incident to the student's parent.
SECTION 2I.03. Section 37.007(a), Education Code, is
amended to read as follows:
(a) A student shall be expelled from a school if the
student, on school property or while attending a school-sponsored
or school-related activity on or off of school property:
(1) uses, exhibits, or knowingly possesses:
(A) a firearm as defined by Section 46.01(3),
Penal Code;
(B) an illegal knife as defined by Section
46.01(6), Penal Code, or by local policy;
(C) a club as defined by Section 46.01(1), Penal
Code; or
(D) a weapon listed as a prohibited weapon under
Section 46.05, Penal Code;
(2) engages in conduct that contains the elements of
the offense of:
(A) aggravated assault under Section 22.02,
Penal Code, sexual assault under Section 22.011, Penal Code, or
aggravated sexual assault under Section 22.021, Penal Code;
(B) arson under Section 28.02, Penal Code;
(C) murder under Section 19.02, Penal Code,
capital murder under Section 19.03, Penal Code, or criminal
attempt, under Section 15.01, Penal Code, to commit murder or
capital murder;
(D) indecency with a child under Section 21.11,
Penal Code;
(E) aggravated kidnapping under Section 20.04,
Penal Code;
(F) aggravated robbery under Section 29.03,
Penal Code;
(G) manslaughter under Section 19.04, Penal
Code; or
(H) criminally negligent homicide under Section
19.05, Penal Code; or
(3) engages in conduct specified by Section
37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
SECTION 2I.04. Section 37.007(b), Education Code, as
amended by H.B. No. 2018, Acts of the 79th Legislature, Regular
Session, 2005, is amended to read as follows:
(b) A student may be expelled if the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code;
(2) while on or within 300 feet of school property, as
measured from any point on the school's real property boundary
line, or while attending a school-sponsored or school-related
activity on or off of school property:
(A) sells, gives, or delivers to another person
or knowingly possesses, uses, or is under the influence of any
amount of:
(i) marihuana or a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.;
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code; or
(iii) an alcoholic beverage, as defined by
Section 1.04, Alcoholic Beverage Code;
(B) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code;
(C) engages in conduct that contains the elements
of an offense under Section 22.01(a)(1), Penal Code, against a
school district employee or a volunteer as defined by Section
22.053; or
(D) engages in conduct that contains the elements
of the offense of deadly conduct under Section 22.05, Penal Code;
(3) subject to Subsection (d), while within 300 feet
of school property, as measured from any point on the school's real
property boundary line:
(A) engages in conduct specified by Subsection
(a); or
(B) possesses a firearm, as defined by 18 U.S.C.
Section 921; or
(4) engages in conduct that contains the elements of
any offense listed in Subsection (a)(2)(A) or (C) or the offense of
aggravated robbery under Section 29.03, Penal Code, against another
student, without regard to whether the conduct occurs on or off of
school property or while attending a school-sponsored or
school-related activity on or off of school property.
SECTION 2I.05. Section 37.004, Education Code, is amended
by adding Subsections (e) and (f) to read as follows:
(e) Notwithstanding any other provision of this subchapter,
in a county with a juvenile justice alternative education program
established under Section 37.011, the expulsion under a provision
of Section 37.007 described by this subsection of a student with a
disability who receives special education services must occur in
accordance with this subsection and Subsection (f). The school
district from which the student was expelled shall, in accordance
with applicable federal law, provide the administrator of the
juvenile justice alternative education program or the
administrator's designee with reasonable notice of the meeting of
the student's admission, review, and dismissal committee to discuss
the student's expulsion. A representative of the juvenile justice
alternative education program may participate in the meeting to the
extent that the meeting relates to the student's placement in the
program. This subsection applies only to an expulsion under:
(1) Section 37.007(b), (c), or (f); or
(2) Section 37.007(d) as a result of conduct that
contains the elements of any offense listed in Section 37.007(b)(3)
against any employee or volunteer in retaliation for or as a result
of the person's employment or association with a school district.
(f) If, after placement of a student in a juvenile justice
alternative education program under Subsection (e), the
administrator of the program or the administrator's designee has
concerns that the student's educational or behavioral needs cannot
be met in the program, the administrator or designee shall
immediately provide written notice of those concerns to the school
district from which the student was expelled. The student's
admission, review, and dismissal committee shall meet to reconsider
the placement of the student in the program. The district shall, in
accordance with applicable federal law, provide the administrator
or designee with reasonable notice of the meeting, and a
representative of the program may participate in the meeting to the
extent that the meeting relates to the student's continued
placement in the program.
SECTION 2I.06. Section 37.008, Education Code, is amended
by amending Subsections (m) and (m-1) and adding Subsection (n) to
read as follows:
(m) Notwithstanding Section 7.028, the [The] commissioner
shall adopt rules necessary to evaluate through an annual
monitoring process [annually] the performance of each district's
disciplinary alternative education program established under this
subchapter. The monitoring process [evaluation] required by this
section may be electronic and shall be based on indicators defined
by the commissioner, but must include student performance on
assessment instruments required under Section [Sections] 39.023(a)
and at least one indicator that measures student academic progress
[and (c)]. Academically, the mission of disciplinary alternative
education programs shall be to enable students to perform at grade
level.
(m-1) The agency shall integrate the monitoring process
developed under Subsection (m) with the monitoring the agency is
authorized to conduct under Section 7.028(a). The commissioner may
require [shall develop a process for evaluating] a school district
to contract at the district's expense in the manner provided by
Section 39.134 with a public or private service provider for
services determined by the commissioner to be necessary to:
(1) improve student performance;
(2) improve disciplinary alternative education
program effectiveness; and
(3) [electronically. The commissioner shall also
develop a system and standards for review of the evaluation or use
systems already available at the agency. The system must be
designed to identify districts that are at high risk of having
inaccurate disciplinary alternative education program data or of
failing to] comply with disciplinary alternative education program
state and federal requirements.
(n) [The commissioner shall notify the board of trustees of
a district of any objection the commissioner has to the district's
disciplinary alternative education program data or of a violation
of a law or rule revealed by the data, including any violation of
disciplinary alternative education program requirements, or of any
recommendation by the commissioner concerning the data. If the
data reflect that a penal law has been violated, the commissioner
shall notify the county attorney, district attorney, or criminal
district attorney, as appropriate, and the attorney general.] The
commissioner is entitled to access to all district records the
commissioner considers necessary or appropriate for the review,
analysis, or approval of disciplinary alternative education
program data.
SECTION 2I.07. Sections 37.020(b) and (c), Education Code,
are amended to read as follows:
(b) For each placement in a disciplinary alternative
education program established under Section 37.008, the district
shall report:
(1) information identifying the student, including
the student's race, sex, and date of birth, that will enable the
agency to compare placement data with information collected through
other reports;
(2) information indicating whether the student was
enrolled in a special education program under Subchapter A, Chapter
29, at the time of the placement;
(3) information indicating whether the placement was
based on:
(A) conduct violating the student code of conduct
adopted under Section 37.001;
(B) conduct for which a student may be removed
from class under Section 37.002(b);
(C) conduct for which placement in a disciplinary
alternative education program is required by Section 37.006; or
(D) conduct occurring while a student was
enrolled in another district and for which placement in a
disciplinary alternative education program is permitted by Section
37.008(j);
(4) [(3)] the number of full or partial days the
student was assigned to the program and the number of full or
partial days the student attended the program; and
(5) [(4)] the number of placements that were
inconsistent with the guidelines included in the student code of
conduct under Section 37.001(a)(5).
(c) For each expulsion under Section 37.007, the district
shall report:
(1) information identifying the student, including
the student's race, sex, and date of birth, that will enable the
agency to compare placement data with information collected through
other reports;
(2) information indicating whether the student was
enrolled in a special education program under Subchapter A, Chapter
29, at the time of the expulsion;
(3) information indicating whether the expulsion was
based on:
(A) conduct for which expulsion is required under
Section 37.007, including information specifically indicating
whether a student was expelled on the basis of Section 37.007(e); or
(B) conduct for which expulsion is permitted
under Section 37.007;
(4) [(3)] the number of full or partial days the
student was expelled;
(5) [(4)] information indicating whether:
(A) the student was placed in a juvenile justice
alternative education program under Section 37.011;
(B) the student was placed in a disciplinary
alternative education program; or
(C) the student was not placed in a juvenile
justice or other disciplinary alternative education program; and
(6) [(5)] the number of expulsions that were
inconsistent with the guidelines included in the student code of
conduct under Section 37.001(a)(5).
SECTION 2I.08. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.023 to read as follows:
Sec. 37.023. LIMITATION ON REFERRAL TO LAW ENFORCEMENT
OFFICIAL FOR VIOLATION OF STUDENT CODE OF CONDUCT. A school
administrator may not refer a student to a law enforcement official
on the basis of conduct by the student that violates the student
code of conduct but that the administrator knows or has reason to
know is not a criminal offense.
SECTION 2I.09. A school district's prekindergarten program
established before September 1, 2005, is not required to comply
with the applicable child-care standards adopted by the Department
of Family and Protective Services, as required by Section
29.1532(b), Education Code, as amended by this Act, until September
1, 2008.
SECTION 2I.10. Section 37.004(g), Education Code, is
repealed.
PART J. CRIMINAL HISTORY RECORDS INFORMATION
SECTION 2J.01. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0401 to read as follows:
Sec. 21.0401. COLLECTION OF FINGERPRINTS REQUIRED. The
board shall obtain a complete set of fingerprints from:
(1) each applicant for a certificate issued under this
subchapter;
(2) each applicant for or holder of a teaching permit
issued under this subchapter; and
(3) each person described by Section 11A.153 or
Section 21.0032 for whom the board has received information from a
public charter district.
SECTION 2J.02. Section 21.041(c), Education Code, is
amended to read as follows:
(c) The board shall propose a rule adopting a fee for:
(1) the issuance and maintenance of each [an] educator
certificate that is adequate to cover the cost of administration of
this subchapter, including costs related to the operation of the
board and any amount necessary to cover the cost of obtaining
fingerprints under Section 21.0401 or conducting a national
criminal background review and investigation under Sections
21.0032 and 22.082; and
(2) the cost of obtaining fingerprints from or
conducting a national criminal background review of a holder of a
teaching permit issued under this subchapter.
SECTION 2J.03. Section 22.082, Education Code, is amended
to read as follows:
Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY STATE
EDUCATION AUTHORITIES [BOARD FOR EDUCATOR CERTIFICATION]. (a) The
agency [State Board for Educator Certification] shall obtain from
any law enforcement or criminal justice agency all state and
national criminal history record information that relates to:
(1) an applicant for or holder of a certificate or
permit issued under Subchapter B, Chapter 21; or
(2) a person described by Section 11A.153 or 21.0032.
(b) The Educators' Professional Practices Board may obtain
from any law enforcement or criminal justice agency all criminal
history record information that relates to a holder of a
certificate issued under Subchapter B, Chapter 21.
(c) The agency shall require each applicant, holder, and
person described by Subsection (a)(2) to pay any costs to the agency
related to obtaining criminal history record information related to
the person under this section.
SECTION 2J.04. Section 22.083(d), Education Code, is
amended to read as follows:
(d) The superintendent of a district or the director of a
public charter district [an open-enrollment charter school],
private school, regional education service center, or shared
services arrangement shall promptly notify the Educators'
Professional Practices [State] Board [for Educator Certification]
in writing if the person obtains or has knowledge of information
showing that an applicant for or holder of a certificate issued
under Subchapter B, Chapter 21, has a reported criminal history.
SECTION 2J.05. Sections 22.085 and 22.086, Education Code,
are amended to read as follows:
Sec. 22.085. DISCHARGE OF EMPLOYEES CONVICTED OF OFFENSES.
A school district, public charter district [open-enrollment
charter school], private school, regional education service
center, or shared services arrangement may discharge an employee if
the district or school obtains information of the employee's
conviction of a felony or of a misdemeanor involving moral
turpitude that the employee did not disclose to the agency or the
Educators' Professional Practices Board [State Board for Educator
Certification] or the district, school, service center, or shared
services arrangement. An employee discharged under this section is
considered to have been discharged for misconduct for purposes of
Section 207.044, Labor Code.
Sec. 22.086. LIABILITY FOR REPORTING OFFENSES. The agency,
the Educators' Professional Practices [State] Board [for Educator
Certification], a school district, a public charter district [an
open-enrollment charter school], a private school, a regional
education service center, a shared services arrangement, or an
employee of the agency, board, district, school, service center, or
shared services arrangement is not civilly or criminally liable for
making a report required under this subchapter.
SECTION 2J.06. Section 411.090, Government Code, is amended
to read as follows:
Sec. 411.090. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION
AND FINGERPRINTS: STATE EDUCATIONAL AUTHORITIES [BOARD FOR
EDUCATOR CERTIFICATION]. (a) The Texas Education Agency [State
Board for Educator Certification] is entitled to obtain from the
department any criminal history record information maintained by
the department about:
(1) a person who has applied or expressed to the
commissioner an intention to apply [board] for a certificate or
permit or holds a certificate or permit under Subchapter B, Chapter
21, Education Code; or
(2) a person described by Section 11A.153 or 21.0032,
Education Code.
(b) Criminal history record information obtained by the
agency [board] under Subsection (a):
(1) may be used for any purpose related to the issuance
or[,] denial[, suspension, or cancellation] of a certificate issued
under Subchapter B, Chapter 21, Education Code, or for any purpose
authorized by Section 11A.153 or 21.0032, Education Code [by the
board];
(2) may be provided to the Educators' Professional
Practices Board to be used for any purpose related to the suspension
or revocation of a certificate issued under Subchapter B, Chapter
21, Education Code;
(3) may not be released to any other person except on
court order or with the consent of the subject of the criminal
history record information [applicant for a certificate]; and
(4) [(3)] shall be destroyed by the agency [board]
after the information is used for the authorized purposes.
(c) The Texas Education Agency may keep on file with the
department all fingerprints obtained by the agency under Section
21.0401, Education Code. The department shall notify the agency of
the arrest of any person who has fingerprints on file with the
department pursuant to that section.
(d) On receipt of notice from the department of an arrest of
a person described by Section 11A.153 or 21.0032, Education Code,
the Texas Education Agency shall notify the public charter district
affected.
PART K. HEALTH AND SAFETY
SECTION 2K.01. The heading to Section 34.008, Education
Code, is amended to read as follows:
Sec. 34.008. CONTRACT WITH TRANSIT AUTHORITY, [OR]
COMMERCIAL TRANSPORTATION COMPANY, OR JUVENILE BOARD.
SECTION 2K.02. Section 34.008(a), Education Code, is
amended to read as follows:
(a) A board of county school trustees or school district
board of trustees may contract with a mass transit authority, [or] a
commercial transportation company, or a juvenile board for all or
any part of a district's public school transportation if the
authority, [or] company, or board:
(1) requires its school bus drivers to have the
qualifications required by and to be certified in accordance with
standards established by the Department of Public Safety; and
(2) uses only those school buses or mass transit
authority buses in transporting 15 or more public school students
that meet or exceed safety standards for school buses established
under Section 34.002, Education Code.
SECTION 2K.03. Chapter 34, Education Code, is amended by
adding Section 34.012 to read as follows:
Sec. 34.012. FUNDING FOR SAFETY OR LAP BELTS. (a) A person
may offer to donate safety or lap belts or money for the purchase of
safety or lap belts for a school district's school buses.
(b) The board of trustees of a school district shall
consider any offer made by a person under Subsection (a). The board
of trustees may accept or decline the offer after adequate
consideration.
(c) The board of trustees may acknowledge a person who
donates safety or lap belts or money for the purchase of safety or
lap belts for a school bus under this section by displaying a small,
discreet sign on the side or back of the bus recognizing the person
who made the donation. The sign may not serve as an advertisement
for the person who made the donation.
SECTION 2K.04. Chapter 34, Education Code, is amended by
adding Section 34.013 to read as follows:
Sec. 34.013. LOCATION OF BUS STOP. (a) When designating
the location of a bus stop, a school district shall consider the
proximity of the bus stop to the residence of an individual as to
whom the district superintendent or a school administrator has
received notice under Article 62.054, Code of Criminal Procedure.
(b) The district shall attempt to locate each bus stop at
least 1,500 feet from the residence of an individual described by
Subsection (a), as measured in a straight line from the nearest
property line of the residence to the bus stop.
SECTION 2K.05. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.0041 to read as follows:
Sec. 38.0041. CHILD ABUSE AND NEGLECT RECOGNITION AND
RESPONSE TRAINING PILOT PROGRAM. (a) In this section, "abuse" and
"neglect" have the meanings assigned by Section 261.001, Family
Code.
(b) Not later than July 31, 2006, the agency, in
consultation with the Department of Family and Protective Services,
shall develop a pilot program to train school district employees in
recognizing and responding appropriately to child abuse and
neglect.
(c) The pilot program must be designed to provide uniform
training standards for school district employees throughout this
state.
(d) The commissioner shall select at least two school
districts in which to implement the pilot program. One of the
districts must be located in a county that has a population of fewer
than 1.4 million and contains at least 12 school districts. The
districts selected by the commissioner shall implement the pilot
program beginning with the 2006-2007 school year.
(e) Not later than January 1, 2011, the commissioner shall
submit a report concerning the effectiveness of the pilot program
to the governor, the lieutenant governor, the speaker of the house
of representatives, and the presiding officer of the standing
committee of each house of the legislature with primary
jurisdiction over public education.
(f) This section expires September 1, 2011.
SECTION 2K.06. The heading to Section 38.015, Education
Code, is amended to read as follows:
Sec. 38.015. SELF-ADMINISTRATION OF PRESCRIPTION ASTHMA OR
ANAPHYLAXIS MEDICINE BY STUDENTS.
SECTION 2K.07. Sections 38.015(a) and (b), Education Code,
are amended to read as follows:
(a) In this section:
(1) "Parent" includes a person standing in parental
relation.
(2) "Self-administration of prescription asthma or
anaphylaxis medicine" means a student's discretionary use of
prescription asthma or anaphylaxis medicine.
(b) A student with asthma or anaphylaxis is entitled to
possess and self-administer prescription asthma or anaphylaxis
medicine while on school property or at a school-related event or
activity if:
(1) the prescription [asthma] medicine has been
prescribed for that student as indicated by the prescription label
on the medicine;
(2) the student has demonstrated to the student's
physician or other licensed health care provider and the school
nurse, if available, the skill level necessary to self-administer
the prescription medication, including the use of any device
required to administer the medication;
(3) the self-administration is done in compliance with
the prescription or written instructions from the student's
physician or other licensed health care provider; and
(4) [(3)] a parent of the student provides to the
school:
(A) a written authorization, signed by the
parent, for the student to self-administer the prescription
[asthma] medicine while on school property or at a school-related
event or activity; and
(B) a written statement from the student's
physician or other licensed health care provider, signed by the
physician or provider, that states:
(i) that the student has asthma or
anaphylaxis and is capable of self-administering the prescription
[asthma] medicine;
(ii) the name and purpose of the medicine;
(iii) the prescribed dosage for the
medicine;
(iv) the times at which or circumstances
under which the medicine may be administered; and
(v) the period for which the medicine is
prescribed.
SECTION 2K.08. The heading to Chapter 95, Health and Safety
Code, as added by Chapter 1465, Acts of the 77th Legislature,
Regular Session, 2001, is amended to read as follows:
CHAPTER 95. RISK ASSESSMENT FOR TYPE 2 DIABETES
[ACANTHOSIS NIGRICANS SCREENING]
SECTION 2K.09. Section 95.001, Health and Safety Code, as
added by Chapter 1465, Acts of the 77th Legislature, Regular
Session, 2001, is amended by adding Subdivision (1-a) to read as
follows:
(1-a) "Department" means the Department of State
Health Services.
SECTION 2K.10. Sections 95.002, 95.003, and 95.004, Health
and Safety Code, as added by Chapter 1465, Acts of the 77th
Legislature, Regular Session, 2001, are amended to read as follows:
Sec. 95.002. TYPE 2 DIABETES [ACANTHOSIS NIGRICANS]
EDUCATION AND RISK ASSESSMENT PROGRAM [SCREENING PROJECT].
(a) The office shall administer a risk assessment program for Type
2 diabetes [an acanthosis nigricans screening program] in
accordance with this chapter.
(b) The executive council by rule shall coordinate the risk
assessment for Type 2 diabetes [screening] of individuals who
attend public or private schools located in Texas Education Agency
Regional Education Service Centers 1, 2, 3, 4, 10, 11, 13, 15, 18,
19, and 20 and, by using existing funding as efficiently as possible
or by using other available funding, in additional regional
education service centers.
(c) The rules must include procedures necessary to
administer the risk assessment program, including procedures that
require each school to record and report risk assessment
[screening] activities using:
(1) the Centers for Disease Control and Prevention's
Epi Info or similar surveillance software selected by the office;
or
(2) an existing database used to administer and track
risk assessment data.
(d) The office shall require a risk assessment for Type 2
diabetes [acanthosis nigricans screening] to be performed at the
same time hearing and vision screening is performed under Chapter
36 or spinal screening is performed under Chapter 37. The risk
assessment for Type 2 diabetes should:
(1) identify students with a body mass index above the
normal range; and
(2) further assess students identified under
Subdivision (1) for acanthosis nigricans and elevated blood
pressure.
(e) The office may:
(1) coordinate the risk assessment for Type 2 diabetes
[acanthosis nigricans screening] activities of school districts,
private schools, state agencies, volunteer organizations,
universities, and other entities so that the efforts of each entity
are complementary and not fragmented and duplicative; and
(2) [. The office may] provide technical assistance
to those entities in developing risk assessment [screening]
programs.
(f) The office shall:
(1) [and may] provide educational and other material
to assist local risk assessment [screening] activities;
(2) [. (f) The office shall] monitor the quality of
risk assessment [screening] activities provided under this
chapter; and
(3) consult with the Board of Nurse Examiners to
determine the training requirements necessary for a nurse or other
person to conduct risk assessment activities under this chapter.
(g) The office shall periodically provide information on
obesity, Type 2 diabetes, and related conditions to physicians.
(h) The office shall provide to the department the
information necessary for the department to conduct an evaluation
of the risk assessment program conducted under this chapter in
accordance with the recommendations of the Type 2 Diabetes Risk
Assessment Program Advisory Committee under Section 103.0125. This
subsection expires September 1, 2007.
Sec. 95.003. COMPLIANCE WITH RISK ASSESSMENT [SCREENING]
REQUIREMENTS. (a) Each individual required by rules adopted under
this chapter to be assessed [screened] shall undergo approved risk
assessment [screening] for Type 2 diabetes [acanthosis nigricans].
The individual shall comply with the requirements as soon as
possible after the individual's admission to a school and as
required by rule. The individual or, if the individual is a minor,
the minor's parent, managing conservator, or guardian may
substitute a professional examination for the risk assessment
[screening].
(b) An individual is exempt from risk assessment
[screening] if risk assessment [screening] conflicts with the
tenets and practices of a recognized church or religious
denomination of which the individual is an adherent or a member. To
qualify for the exemption, the individual or, if the individual is a
minor, the individual's parent, managing conservator, or guardian
must submit to the chief administrator of the school on or before
the day of the risk assessment process [screening procedure] an
affidavit stating the objections to the risk assessment
[screening].
(c) The chief administrator of each school shall ensure that
each individual admitted to the school complies with the risk
assessment [screening] requirements set by the executive council or
submits an affidavit of exemption.
Sec. 95.004. RECORDS; REPORTS. (a) The chief
administrator of each school shall maintain, on a form prescribed
by the executive council, risk assessment [screening] records for
each individual in attendance[,] and enter the risk assessment
information for each individual on the Centers for Disease Control
and Prevention's Epi Info or similar surveillance software selected
by the office. The risk assessment [the] records are open for
inspection by the office or the local health department.
(b) The office may, directly or through local health
departments, enter a school and inspect records maintained by the
school relating to risk assessment [screening] for Type 2 diabetes
[acanthosis nigricans].
(c) An individual's risk assessment [screening] records may
be transferred among schools without the consent of the individual
or, if the individual is a minor, the minor's parent, managing
conservator, or guardian.
(d) The person performing the risk assessment [screening]
shall send a report indicating that an individual may be at risk for
developing Type 2 diabetes [have acanthosis nigricans] to the
individual or, if the individual is a minor, the minor's parent,
managing conservator, or guardian. The report must include:
(1) an explanation of:
(A) the process for assessing risk for developing
Type 2 diabetes;
(B) the body mass index;
(C) the risk factors associated with developing
Type 2 diabetes; and
(D) the reasons the individual was identified in
the risk assessment process as being at risk for developing Type 2
diabetes [acanthosis nigricans and related conditions];
(2) a statement concerning an individual's or family's
need for further evaluation for Type 2 diabetes and related [of]
conditions [related to acanthosis nigricans]; and
(3) instructions to help the individual or family
receive evaluation by a physician or other health care provider
[and intervention by the school district].
(e) Each school shall submit to the office an annual report
on the risk assessment [screening] status of the individuals in
attendance during the reporting year and shall include in the
report any other information required by the office.
(f) The annual report required under Subsection (e) must be
compiled from the information entered into the surveillance
software and be on a form prescribed by the executive council [and
must be submitted according to the executive council's rules].
(g) The office shall analyze and compile a summary of the
reports submitted by schools under Subsection (e), file a copy of
the summary with the Type 2 Diabetes Risk Assessment Program
Advisory Committee established under Section 103.0125, and make the
summary available to schools and the public on request.
(h) [(f)] Not later than January 15 of each odd-numbered
year, the office shall submit to the department [governor and the
legislature] a report concerning the effectiveness of the risk
assessment program for Type 2 diabetes [acanthosis nigricans
screening program] established by this chapter.
SECTION 2K.11. Chapter 95, Health and Safety Code, as added
by Chapter 1465, Acts of the 77th Legislature, Regular Session,
2001, is amended by adding Section 95.005 to read as follows:
Sec. 95.005. GIFTS AND GRANTS. The office may accept gifts,
grants, and donations to support the Type 2 diabetes risk
assessment program conducted under this chapter.
SECTION 2K.12. Chapter 103, Health and Safety Code, is
amended by adding Section 103.0125 to read as follows:
Sec. 103.0125. TYPE 2 DIABETES RISK ASSESSMENT PROGRAM
ADVISORY COMMITTEE. (a) The council shall establish the Type 2
Diabetes Risk Assessment Program Advisory Committee to advise the
Texas-Mexico Border Health Coordination Office of The University of
Texas--Pan American on the Type 2 diabetes risk assessment program
conducted under Chapter 95.
(b) The advisory committee is composed of:
(1) the following representatives appointed by the
executive head of the agency, organization, school, or school
district the representative serves:
(A) one representative of the council;
(B) one representative of the department;
(C) one representative of the Texas Education
Agency;
(D) a representative from The University of
Texas--Pan American;
(E) one representative of the Texas Medical
Association;
(F) one representative of the Texas Pediatric
Society;
(G) one representative of the American Heart
Association;
(H) one representative of the American Diabetes
Association;
(I) one school district administrator
representative from a school district selected by the council;
(J) one school nurse representative from a rural
school selected by the council; and
(K) one school nurse representative from an urban
school selected by the council; and
(2) one parent or guardian of a child in this state
with Type 2 diabetes, appointed by the council.
(c) A person may not be a member of the advisory committee if
the person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a health care profession or related
business or another profession related to the operation of the
council.
(d) The representative of the council appointed under
Subsection (b)(1)(A) shall serve as the presiding officer of the
advisory committee.
(e) Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the advisory committee.
(f) The advisory committee shall:
(1) recommend the person who should be responsible for
conducting risk assessment activities under Chapter 95 for schools
that do not employ a school nurse;
(2) advise the Texas-Mexico Border Health
Coordination Office of The University of Texas--Pan American on the
age groups that would benefit most from the risk assessment
activities under Chapter 95;
(3) recommend a method to record and report the number
of children who are identified in the risk assessment process as
being at risk for having or developing Type 2 diabetes and who
qualify for the national free or reduced-price lunch program
established under 42 U.S.C. Section 1751 et seq.;
(4) recommend a timeline for the Texas-Mexico Border
Health Coordination Office of The University of Texas--Pan American
to implement the advisory committee's recommended risk assessment
activities, surveillance methods, reports, and quality
improvements; and
(5) contribute to the state plan for diabetes
treatment developed by the council under Section 103.013 by
providing statistics and information on the risk assessment
activities conducted under Chapter 95 and recommendations for
assisting children in this state at risk for developing Type 2
diabetes.
(g) The advisory committee shall recommend to the
department a method for the department to evaluate the Type 2
diabetes risk assessment program administered under Chapter 95.
The department shall conduct the evaluation in accordance with this
subsection and the advisory committee's recommendations under this
subsection and file a report on the evaluation with the governor and
the presiding officer of each house of the legislature not later
than January 1, 2007. The method must include:
(1) an evaluation of the burden and benefits of the
program;
(2) an evaluation of the costs and expenses of the
program to determine the most efficient use of the resources
available for the program;
(3) recommendations for legislation that amends
Chapter 95; and
(4) any other component that the advisory committee
considers advisable.
(h) Subsection (g) and this subsection expire September 1,
2007.
SECTION 2K.13. (a) As early as practicable after the
effective date of this Act, the executive head of the following
entities shall appoint a representative to serve on the Type 2
Diabetes Risk Assessment Program Advisory Committee created under
Section 103.0125, Health and Safety Code, as added by this Act:
(1) the Texas Diabetes Council;
(2) the Department of State Health Services;
(3) the Texas Education Agency;
(4) the Texas Medical Association;
(5) the Texas Pediatric Society;
(6) the American Heart Association;
(7) the American Diabetes Association;
(8) The University of Texas--Pan American; and
(9) the schools and school district selected by the
Texas Diabetes Council for this purpose.
(b) As early as practicable after the effective date of this
Act, the head of the Texas Diabetes Council shall appoint a parent
or guardian of a child in this state with Type 2 diabetes to serve on
the Type 2 Diabetes Risk Assessment Program Advisory Committee
created under Section 103.0125, Health and Safety Code, as added by
this Act.
SECTION 2K.14. Subdivision (6), Section 95.001, Health and
Safety Code, as added by Chapter 1465, Acts of the 77th Legislature,
Regular Session, 2001, is repealed.
SECTION 2K.15. Section 34.012, Education Code, as added by
this Act, applies beginning with the 2005-2006 school year.
PART L. CURRICULUM
SECTION 2L.01. Section 28.002, Education Code, is amended
by adding Subsection (d) to read as follows:
(d) In identifying the essential knowledge and skills of
United States history, the State Board of Education shall consult
with an advisory committee appointed under this subsection in
addition to those persons with whom the board is required under
Subsection (c) to consult. Each member of the board shall appoint
to the advisory committee a person to represent that member on the
committee. Each representative serves at the will of the
appointing board member and must be a person with expertise in one
or more areas of United States history. The board must include
among the essential knowledge and skills of United States history
that the board identifies knowledge and skills of United States
history from the colonial period through the present. The amount of
class time provided to study United States history that occurred
before 1877 and the amount of testing over history that occurred
before 1877, including any assessment required under Section
39.023, must be as equal as practicable to the amount of class time
and testing for history beginning in 1877.
SECTION 2L.02. As soon as practicable after the effective
date of this Act, the State Board of Education shall identify the
essential knowledge and skills of the public school United States
history curriculum in accordance with Section 28.002(d), Education
Code, as added by this Act, and approve new United States history
instructional materials in accordance with Section 31.0252,
Education Code, as added by this Act.
SECTION 2L.03. Section 28.002, Education Code, is amended
by adding Subsection (p) to read as follows:
(p) The State Board of Education, in conjunction with the
office of the attorney general, shall develop a parenting and
paternity awareness program that a school district shall use in the
district's high school health curriculum. The program must:
(1) address parenting skills and responsibilities,
including child support and other legal rights and responsibilities
that come with parenthood;
(2) address relationship skills, including money
management, communication skills, and marriage preparation; and
(3) in district high schools that do not have a family
violence prevention program, address skills relating to the
prevention of family violence.
SECTION 2L.04. (a) Not later than May 1, 2006, the State
Board of Education shall develop a parenting and paternity
awareness program as provided by Section 28.002(p), Education Code,
as added by this Act.
(b) A school district shall use the parenting and paternity
awareness program developed by the State Board of Education as
provided by Section 28.002(p), Education Code, as added by this
Act, beginning with the 2006-2007 school year.
PART M. CLASSROOM SERVICE BY MEMBERS OF THE LEGISLATURE
SECTION 2M.01. Subchapter Z, Chapter 22, Education Code, is
amended by adding Section 22.902 to read as follows:
Sec. 22.902. CLASSROOM SERVICE BY MEMBERS OF THE
LEGISLATURE. (a) Each member of the legislature shall provide at
least eight hours of service in a public school classroom during
each two-year period that begins on January 1 of an odd-numbered
year.
(b) A member of the legislature may comply with this section
by:
(1) serving as a substitute teacher;
(2) acting as a mentor or tutor to a student;
(3) making presentations to students on topics chosen
by the member that are relevant to the curriculum; or
(4) acting in another manner that enhances the
education received by students and involves the member's presence
in the classroom.
SECTION 2M.02. Notwithstanding Section 22.902, Education
Code, as added by this Act, a member of the 79th Legislature is not
required to provide more than four hours of classroom service as
described by that section during the two-year period beginning
January 1, 2005.
ARTICLE 3. CONFORMING AMENDMENTS
SECTION 3.01. Section 7.024(a), Education Code, is amended
to read as follows:
(a) The investment capital fund consists of money
transferred to the fund as provided by Section 42.152(d)(4)
[42.152(l)]. The agency shall administer the fund. The purposes of
this fund are to assist eligible public schools to implement
practices and procedures consistent with deregulation and school
restructuring in order to improve student achievement and to help
schools identify and train parents and community leaders who will
hold the school and the school district accountable for achieving
high academic standards.
SECTION 3.02. Section 7.055(b)(34), Education Code, is
amended to read as follows:
(34) The commissioner shall perform duties in
connection with equalization actions [the equalized wealth level]
under Chapter 41.
SECTION 3.03. Section 11.158(a), Education Code, is amended
to read as follows:
(a) The board of trustees of an independent school district
may require payment of:
(1) a fee for materials used in any program in which
the resultant product in excess of minimum requirements becomes, at
the student's option, the personal property of the student, if the
fee does not exceed the cost of materials;
(2) membership dues in student organizations or clubs
and admission fees or charges for attending extracurricular
activities, if membership or attendance is voluntary;
(3) a security deposit for the return of materials,
supplies, or equipment;
(4) a fee for personal physical education and athletic
equipment and apparel, although any student may provide the
student's own equipment or apparel if it meets reasonable
requirements and standards relating to health and safety
established by the board;
(5) a fee for items of personal use or products that a
student may purchase at the student's option, such as student
publications, class rings, annuals, and graduation announcements;
(6) a fee specifically permitted by any other statute;
(7) a fee for an authorized voluntary student health
and accident benefit plan;
(8) a reasonable fee, not to exceed the actual annual
maintenance cost, for the use of musical instruments and uniforms
owned or rented by the district;
(9) a fee for items of personal apparel that become the
property of the student and that are used in extracurricular
activities;
(10) a parking fee or a fee for an identification card;
(11) a fee for a driver training course, not to exceed
the actual district cost per student in the program for the current
school year;
(12) a fee for a course offered for credit that
requires the use of facilities not available on the school premises
or the employment of an educator who is not part of the school's
regular staff, if participation in the course is at the student's
option;
(13) a fee for a course offered during summer school,
except that the board may charge a fee for a course required for
graduation only if the course is also offered without a fee during
the regular school year;
(14) a reasonable fee for transportation of a student
who lives within two miles of the school the student attends to and
from that school[, except that the board may not charge a fee for
transportation for which the school district receives funds under
Section 42.155(d)]; or
(15) a reasonable fee, not to exceed $50, for costs
associated with an educational program offered outside of regular
school hours through which a student who was absent from class
receives instruction voluntarily for the purpose of making up the
missed instruction and meeting the level of attendance required
under Section 25.092.
SECTION 3.04. Section 12.013(b), Education Code, is amended
to read as follows:
(b) A home-rule school district is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) a provision of this title relating to limitations
on liability; and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) educator certification under Chapter 21 and
educator rights under Sections 21.407, 21.408, and 22.001;
(C) criminal history records under Subchapter C,
Chapter 22;
(D) student admissions under Section 25.001;
(E) school attendance under Sections 25.085,
25.086, and 25.087;
(F) inter-district or inter-county transfers of
students under Subchapter B, Chapter 25;
(G) elementary class size limits under Section
25.112, in the case of any campus in the district that is considered
academically unacceptable [low-performing] under Section 39.132;
(H) high school graduation under Section 28.025;
(I) special education programs under Subchapter
A, Chapter 29;
(J) bilingual education under Subchapter B,
Chapter 29;
(K) prekindergarten programs under Subchapter E,
Chapter 29;
(L) safety provisions relating to the
transportation of students under Sections 34.002, 34.003, 34.004,
and 34.008;
(M) computation and distribution of state aid
under Chapters 31, 42, and 43;
(N) extracurricular activities under Section
33.081;
(O) health and safety under Chapter 38;
(P) public school accountability under
Subchapters B, C, D, and G, Chapter 39;
(Q) equalization [equalized wealth] under
Section 42.401 [Chapter 41];
(R) a bond or other obligation or tax rate under
Chapters 42, 43, and 45; and
(S) purchasing under Chapter 44.
SECTION 3.05. Section 13.054(f), Education Code, is amended
to read as follows:
(f) For five years beginning with the school year in which
the annexation occurs, the commissioner shall annually adjust the
local share [fund assignment] of a district to which territory is
annexed under this section by multiplying the enlarged district's
local share [fund assignment] computed under Section 42.306
[42.252] by a fraction, the numerator of which is the number of
students residing in the district preceding the date of the
annexation and the denominator of which is the number of students
residing in the district as enlarged on the date of the annexation.
SECTION 3.06. Sections 13.282(a) and (b), Education Code,
are amended to read as follows:
(a) The amount of incentive aid payments may not exceed the
difference between:
(1) the sum of the entitlements computed under Section
42.313 [42.253] that would have been paid to the districts included
in the reorganized district if the districts had not been
consolidated; and
(2) the amount to which the reorganized district is
entitled under Section 42.313 [42.253].
(b) If the reorganized district is not eligible for an
entitlement under Section 42.313 [42.253], the amount of the
incentive aid payments may not exceed the sum of the entitlements
computed under Section 42.313 [42.253] for which the districts
included in the reorganized district were eligible in the school
year when they were consolidated.
SECTION 3.07. Section 21.410(h), Education Code, is amended
to read as follows:
(h) A grant a school district receives under this section is
in addition to any funding the district receives under Chapter 42.
The commissioner shall distribute funds under this section with the
Foundation School Program payment to which the district is entitled
as soon as practicable after the end of the school year as
determined by the commissioner. A district to which Section 42.401
[Chapter 41] applies is entitled to the grants paid under this
section. The commissioner shall determine the timing of the
distribution of grants to a district that does not receive
Foundation School Program payments.
SECTION 3.08. Section 21.411(h), Education Code, is amended
to read as follows:
(h) A grant a school district receives under this section is
in addition to any funding the district receives under Chapter 42.
The commissioner shall distribute funds under this section with the
Foundation School Program payment to which the district is entitled
as soon as practicable after the end of the school year as
determined by the commissioner. A district to which Section 42.401
[Chapter 41] applies is entitled to the grants paid under this
section. The commissioner shall determine the timing of the
distribution of grants to a district that does not receive
Foundation School Program payments.
SECTION 3.09. Section 21.412(h), Education Code, is amended
to read as follows:
(h) A grant a school district receives under this section is
in addition to any funding the district receives under Chapter 42.
The commissioner shall distribute funds under this section with the
Foundation School Program payment to which the district is entitled
as soon as practicable after the end of the school year as
determined by the commissioner. A district to which Section 42.401
[Chapter 41] applies is entitled to the grants paid under this
section. The commissioner shall determine the timing of the
distribution of grants to a district that does not receive
Foundation School Program payments.
SECTION 3.10. Section 21.414(h), Education Code, as
renumbered by Section 23.001(12), H.B. No. 2018, Acts of the 79th
Legislature, Regular Session, 2005, is amended to read as follows:
(h) A grant a school district receives under this section is
in addition to any funding the district receives under Chapter 42.
The commissioner shall distribute funds under this section with the
Foundation School Program payment to which the district is entitled
as soon as practicable after the end of the school year as
determined by the commissioner. A district to which Section 42.401
[Chapter 41] applies is entitled to the grants paid under this
section. The commissioner shall determine the timing of the
distribution of grants to a district that does not receive
Foundation School Program payments.
SECTION 3.11. Section 21.453(b), Education Code, is amended
to read as follows:
(b) The commissioner may allocate funds from the account to
regional education service centers to provide staff development
resources to school districts that:
(1) are rated academically unacceptable;
(2) have one or more campuses rated academically
unacceptable [as low-performing]; or
(3) are otherwise in need of assistance as indicated
by the academic performance of students, as determined by the
commissioner.
SECTION 3.12. Section 22.004(c), Education Code, as amended
by S.B. No. 1691 and S.B. No. 1863, Acts of the 79th Legislature,
Regular Session, 2005, is amended to read as follows:
(c) The cost of the coverage provided under the program
described by Subsection (a) shall be paid by the state, the
district, and the employees in the manner provided by Subchapter F,
Chapter 1579, Insurance Code. The cost of coverage provided under a
plan adopted under Subsection (b) shall be shared by the employees
and the district using the contributions by the state described by
Subchapter F, Chapter 1579, Insurance Code[, or Subchapter D].
SECTION 3.13. Section 29.008(b), Education Code, is amended
to read as follows:
(b) Except as provided by Subsection (c), costs of an
approved contract for residential placement may be paid from a
combination of federal, state, and local funds. The local share of
the total contract cost for each student is that portion of the
local tax effort that exceeds the district's local share [fund
assignment] under Section 42.306 [42.252], divided by the average
daily attendance in the district. If the contract involves a
private facility, the state share of the total contract cost is that
amount remaining after subtracting the local share. If the
contract involves a public facility, the state share is that amount
remaining after subtracting the local share from the portion of the
contract that involves the costs of instructional and related
services. For purposes of this subsection, "local tax effort"
means the total amount of money generated by taxes imposed for debt
service and maintenance and operation less any amounts paid into a
tax increment fund under Chapter 311, Tax Code.
SECTION 3.14. Section 29.014(d), Education Code, is amended
to read as follows:
(d) The accreditation [basic] allotment for a student
enrolled in a district to which this section applies is adjusted by:
(1) the cost of education adjustment under Section
42.301 [42.102] for the school district in which the district is
geographically located; and
(2) any other appropriate factor adopted by the
commissioner [the weight for a homebound student under Section
42.151(a)].
SECTION 3.15. Section 29.087(j), Education Code, is amended
to read as follows:
(j) For purposes of funding under Chapters [41,] 42[,] and
46, a student attending a program authorized by this section may be
counted in attendance only for the actual number of hours each
school day the student attends the program, in accordance with
Sections 25.081 and 25.082.
SECTION 3.16. Section 29.161(a), Education Code, as added
by S.B. No. 23, Acts of the 79th Legislature, Regular Session, 2005,
is amended to read as follows:
(a) The State Center for Early Childhood Development, in
conjunction with the P-16 Council established under Section 61.076
[61.077], shall develop and adopt a school readiness certification
system for use in certifying the effectiveness of prekindergarten
programs, Head Start and Early Head Start programs,
government-subsidized child-care programs provided by nonprofit or
for-profit entities, government-subsidized faith-based child-care
programs, and other government-subsidized child-care programs in
preparing children for kindergarten. The system shall be made
available on a voluntary basis to program providers seeking to
obtain certification as evidence of the quality of the program
provided.
[SECTION 3.17 reserved]
SECTION 3.18. Section 29.203(b), Education Code, is amended
to read as follows:
(b) A school district is entitled to the allotment provided
by Section 42.155 [42.157] for each eligible student using a public
education grant. [If the district has a wealth per student greater
than the guaranteed wealth level but less than the equalized wealth
level, a school district is entitled under rules adopted by the
commissioner to additional state aid in an amount equal to the
difference between the cost to the district of providing services
to a student using a public education grant and the sum of the state
aid received because of the allotment under Section 42.157 and
money from the available school fund attributable to the student.]
SECTION 3.19. Section 33.002(a), Education Code, is amended
to read as follows:
(a) This section applies only to a school district that
receives funds as provided by Section 42.152(d)(3) [42.152(i)].
SECTION 3.20. Section 34.002(c), Education Code, is amended
to read as follows:
(c) A school district that fails or refuses to meet the
safety standards for school buses established under this section is
ineligible to share in the transportation allotment under
Subchapter D, Chapter 42, [Section 42.155] until the first
anniversary of the date the district begins complying with the
safety standards.
SECTION 3.21. Section 37.0061, Education Code, is amended
to read as follows:
Sec. 37.0061. FUNDING FOR ALTERNATIVE EDUCATION SERVICES IN
JUVENILE RESIDENTIAL FACILITIES. A school district that provides
education services to pre-adjudicated and post-adjudicated
students who are confined by court order in a juvenile residential
facility operated by a juvenile board is entitled to count such
students in the district's average daily attendance for purposes of
receipt of state funds under the Foundation School Program. [If the
district has a wealth per student greater than the guaranteed
wealth level but less than the equalized wealth level, the district
in which the student is enrolled on the date a court orders the
student to be confined to a juvenile residential facility shall
transfer to the district providing education services an amount
equal to the difference between the average Foundation School
Program costs per student of the district providing education
services and the sum of the state aid and the money from the
available school fund received by the district that is attributable
to the student for the portion of the school year for which the
district provides education services to the student.]
SECTION 3.22. Section 39.031, Education Code, is amended to
read as follows:
Sec. 39.031. COST. (a) The commissioner shall set aside an
appropriate amount from the Foundation School Program to pay the
cost of preparing, administering, or grading the assessment
instruments and the [shall be paid from the funds allotted under
Section 42.152, and each district shall bear the cost in the same
manner described for a reduction in allotments under Section
42.253. If a district does not receive an allotment under Section
42.152, the commissioner shall subtract the cost from the
district's other foundation school fund allotments.
[(b) The] cost of releasing the question and answer keys
under Section 39.023(e) [shall be paid from amounts appropriated to
the agency].
(b) After setting aside an appropriate amount in accordance
with this section, the commissioner shall reduce each district's
tier one allotments proportionately. A reduction in tier one
allotments under this subsection does not affect the computation of
the guaranteed amount of revenue per student per cent of tax effort
under Section 42.252.
(c) Any amount set aside under this section must be approved
by the Legislative Budget Board and the governor's office of
budget, planning, and policy.
SECTION 3.23. Section 39.183, Education Code, is amended to
read as follows:
Sec. 39.183. REGIONAL AND DISTRICT LEVEL REPORT. The
agency shall prepare and deliver to the governor, the lieutenant
governor, the speaker of the house of representatives, each member
of the legislature, the Legislative Budget Board, and the clerks of
the standing committees of the senate and house of representatives
with primary jurisdiction over the public school system a regional
and district level report covering the preceding two school years
and containing:
(1) a summary of school district compliance with the
student/teacher ratios and class-size limitations prescribed by
Sections 25.111 and 25.112, including:
(A) the number of campuses and classes at each
campus granted an exception from Section 25.112; and
(B) the performance rating under Subchapter D of
each campus granted an exception from Section 25.112;
(2) a summary of the exemptions and waivers granted to
school districts under Section 7.056 [or 39.112] and a review of the
effectiveness of each campus or district following deregulation;
(3) an evaluation of the performance of the system of
regional education service centers based on the indicators adopted
under Section 8.101 and client satisfaction with services provided
under Subchapter B, Chapter 8;
(4) an evaluation of accelerated instruction programs
offered under Section 28.006, including an assessment of the
quality of such programs and the performance of students enrolled
in such programs; and
(5) the number of classes at each campus that are
currently being taught by individuals who are not certified in the
content areas of their respective classes.
SECTION 3.24. Section 43.002(b), Education Code, is amended
to read as follows:
(b) Of the amounts available for transfer from the general
revenue fund to the available school fund for the months of January
and February of each fiscal year, no more than the amount necessary
to enable the comptroller to distribute from the available school
fund an amount equal to 9-1/2 percent of the estimated annual
available school fund apportionment to category 1 school districts,
as defined by Section 42.316 [42.259], and 3-1/2 percent of the
estimated annual available school fund apportionment to category 2
school districts, as defined by Section 42.316 [42.259], may be
transferred from the general revenue fund to the available school
fund. Any remaining amount that would otherwise be available for
transfer for the months of January and February shall be
transferred from the general revenue fund to the available school
fund in equal amounts in June and in August of the same fiscal year.
SECTION 3.25. Section 46.003(a), Education Code, is amended
to read as follows:
(a) For each year, except as provided by Sections 46.005 and
46.006, a school district is guaranteed a specified amount per
student in state and local funds for each cent of tax effort, up to
the maximum rate under Subsection (b), to pay the principal of and
interest on eligible bonds issued to construct, acquire, renovate,
or improve an instructional facility. The amount of state support
is determined by the formula:
FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100))
where:
"FYA" is the guaranteed facilities yield amount of state
funds allocated to the district for the year;
"FYL" is the dollar amount guaranteed level of state and
local funds per student per cent of tax effort, which is $35 or a
greater amount for any year provided by appropriation;
"ADA" is the greater of the number of students in average
daily attendance, as determined under Section 42.005, in the
district or 400;
"BTR" is the district's bond tax rate for the current year,
which is determined by dividing the amount budgeted by the district
for payment of eligible bonds by the quotient of the district's
taxable value of property as determined under Subchapter M, Chapter
403, Government Code, [or, if applicable, Section 42.2521,] divided
by 100; and
"DPV" is the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code[, or,
if applicable, Section 42.2521].
SECTION 3.26. Section 46.006(g), Education Code, is amended
to read as follows:
(g) In this section, "wealth per student" means a school
district's taxable value of property as determined under Subchapter
M, Chapter 403, Government Code, [or, if applicable, Section
42.2521,] divided by the district's average daily attendance as
determined under Section 42.005.
SECTION 3.27. Sections 46.009(b), (e), and (f), Education
Code, are amended to read as follows:
(b) If the amount appropriated for purposes of this
subchapter for a year is less than the total amount determined under
Subsection (a) for that year, the commissioner shall:
(1) transfer from the Foundation School Program to the
instructional facilities program the amount by which the total
amount determined under Subsection (a) exceeds the amount
appropriated; and
(2) reduce each district's Texas education [foundation
school] fund allocations in the manner provided by Section
42.313(f) [42.253(h)].
(e) Section 42.317 [42.258] applies to payments under this
subchapter.
(f) If a school district would have received a greater
amount under this subchapter for the applicable school year using
the adjusted value determined under Section 42.310 [42.257], the
commissioner shall add the difference between the adjusted value
and the amount the district received under this subchapter to
subsequent distributions to the district under this subchapter.
SECTION 3.28. Section 46.013, Education Code, is amended to
read as follows:
Sec. 46.013. MULTIPLE ALLOTMENTS PROHIBITED. A school
district is not entitled to state assistance under this subchapter
based on taxes with respect to which the district receives state
assistance under Subchapter G [F], Chapter 42.
SECTION 3.29. Section 46.032(a), Education Code, is amended
to read as follows:
(a) Each school district is guaranteed a specified amount
per student in state and local funds for each cent of tax effort to
pay the principal of and interest on eligible bonds. The amount of
state support, subject only to the maximum amount under Section
46.034, is determined by the formula:
EDA = (EDGL X ADA X EDTR X 100) - (EDTR X (DPV/100))
where:
"EDA" is the amount of state funds to be allocated to the
district for assistance with existing debt;
"EDGL" is the dollar amount guaranteed level of state and
local funds per student per cent of tax effort, which is $35 or a
greater amount for any year provided by appropriation;
"ADA" is the number of students in average daily attendance,
as determined under Section 42.005, in the district;
"EDTR" is the existing debt tax rate of the district, which is
determined by dividing the amount budgeted by the district for
payment of eligible bonds by the quotient of the district's taxable
value of property as determined under Subchapter M, Chapter 403,
Government Code, [or, if applicable, under Section 42.2521,]
divided by 100; and
"DPV" is the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code[, or,
if applicable, under Section 42.2521].
SECTION 3.30. Section 46.037, Education Code, is amended to
read as follows:
Sec. 46.037. MULTIPLE ALLOTMENTS PROHIBITED. A school
district is not entitled to state assistance under this subchapter
based on taxes with respect to which the district receives state
assistance under Subchapter G [F], Chapter 42.
SECTION 3.31. Section 56.208, Education Code, is amended to
read as follows:
Sec. 56.208. FUNDING. (a) The Early High School Graduation
Scholarship program is financed under the Foundation School
Program. [Funding for the state tuition credits is not subject to
the provisions of Sections 42.253(e) through (k).]
(b) The commissioner of education shall reduce the total
annual amount of Texas education [foundation school] fund payments
made to a school district by an amount equal to F x A, where:
(1) "F" is the lesser of one or the quotient of the
district's local share for the preceding school year under Section
42.306 [42.252] divided by the tier one allotment under Section
42.304 [amount of money to which the district was entitled under
Subchapters B and C, Chapter 42,] for the preceding school year; and
(2) "A" is the amount of state tuition credits under
this subchapter applied by institutions of higher education on
behalf of eligible persons who graduated from the district that has
not been used to compute a previous reduction under this
subsection.
(c) A school district that does not receive Texas education
[foundation school] fund payments during a year in which the
commissioner would otherwise withhold money from the district under
Subsection (b) shall remit an amount equal to the amount that would
be withheld under Subsection (b) to the comptroller for deposit to
the credit of the Texas education [foundation school] fund.
SECTION 3.32. Section 105.301(e), Education Code, is
amended to read as follows:
(e) The academy is not subject to the provisions of this
code, or to the rules of the Texas Education Agency, regulating
public schools, except that:
(1) professional employees of the academy are entitled
to the limited liability of an employee under Section 22.0511,
22.0512, or 22.052;
(2) a student's attendance at the academy satisfies
compulsory school attendance requirements; and
(3) for each student enrolled, the academy is entitled
to allotments from the foundation school program under Chapter 42
as if the academy were a school district without a tier one local
share for purposes of Section 42.306 [42.253].
SECTION 3.33. Section 317.005(f), Government Code, is
amended to read as follows:
(f) The governor or board may adopt an order under this
section withholding or transferring any portion of the total amount
appropriated to finance the foundation school program for a fiscal
year. The governor or board may not adopt such an order if it would
result in an allocation of money between particular programs or
statutory allotments under the foundation school program contrary
to the statutory proration formula provided by Section 42.313(f)
[42.253(h)], Education Code. The governor or board may transfer an
amount to the total amount appropriated to finance the foundation
school program for a fiscal year and may increase the accreditation
[basic] allotment. The governor or board may adjust allocations of
amounts between particular programs or statutory allotments under
the foundation school program only for the purpose of conforming
the allocations to actual pupil enrollments or attendance.
SECTION 3.34. Section 403.093(d), Government Code, is
amended to read as follows:
(d) The comptroller shall transfer from the general revenue
fund to the Texas education [foundation school] fund an amount of
money necessary to fund the foundation school program as provided
by Chapter 42, Education Code. The comptroller shall make the
transfers in installments as necessary to comply with Section
42.316 [42.259], Education Code. An installment must be made not
earlier than two days before the date an installment to school
districts is required by Section 42.316 [42.259], Education Code,
and must not exceed the amount necessary for that payment.
SECTION 3.35. Section 403.302(k), Government Code, is
amended to read as follows:
(k) For purposes of Section 42.308 [42.2522], Education
Code, the comptroller shall certify to the commissioner of
education:
(1) a final value for each school district computed
without any deduction for residence homestead exemptions granted
under Section 11.13(n), Tax Code; and
(2) a final value for each school district computed
after deducting one-half the total dollar amount of residence
homestead exemptions granted under Section 11.13(n), Tax Code.
SECTION 3.36. Section 404.121(1), Government Code, is
amended to read as follows:
(1) "Cash flow deficit" for any period means the
excess, if any, of expenditures paid and transfers made from the
general revenue fund in the period, including payments provided by
Section 42.316 [42.259], Education Code, over taxes and other
revenues deposited to the fund in the period, other than revenues
deposited pursuant to Section 403.092, that are legally available
for the expenditures and transfers.
SECTION 3.37. Section 466.355(c), Government Code, is
amended to read as follows:
(c) Each August the comptroller shall:
(1) estimate the amount to be transferred to the Texas
education [foundation school] fund on or before September 15; and
(2) notwithstanding Subsection (b)(4), transfer the
amount estimated in Subdivision (1) to the Texas education
[foundation school] fund before August 25 [installment payments are
made under Section 42.259, Education Code].
SECTION 3.38. Section 822.201(c), Government Code, as
amended by S.B. No. 1691 and S.B. No. 1863, Acts of the 79th
Legislature, Regular Session, 2005, is amended to read as follows:
(c) Excluded from salary and wages are:
(1) expense payments;
(2) allowances;
(3) payments for unused vacation or sick leave;
(4) maintenance or other nonmonetary compensation;
(5) fringe benefits;
(6) deferred compensation other than as provided by
Subsection (b)(3);
(7) compensation that is not made pursuant to a valid
employment agreement;
(8) payments received by an employee in a school year
that exceed $5,000 for teaching a driver education and traffic
safety course that is conducted outside regular classroom hours;
(9) the benefit replacement pay a person earns as a
result of a payment made under Subchapter B or C, Chapter 661;
(10) amounts received under the educator excellence
incentive program under Subchapter N, Chapter 21, Education Code
[any amount received by an employee under Subchapter D, Chapter 22,
Education Code, former Article 3.50-8, Insurance Code, former
Chapter 1580, Insurance Code, or Rider 9, Page III-39, Chapter
1330, Acts of the 78th Legislature, Regular Session, 2003 (the
General Appropriations Act)]; and
(11) any compensation not described by Subsection (b).
SECTION 3.39. Section 2175.304(c), Government Code, is
amended to read as follows:
(c) The procedures established under Subsection (b) must
give preference to transferring the property directly to a public
school or school district or to an assistance organization
designated by the school district before disposing of the property
in another manner. If more than one public school or school
district or assistance organization seeks to acquire the same
property on substantially the same terms, the system, institution,
or agency shall give preference to a public school that is
considered academically unacceptable under Section 39.132,
Education Code, [low-performing by the commissioner of education]
or to a school district that has a relatively low [taxable] wealth
per student, as determined by the commissioner of education [that
entitles the district to an allotment of state funds under
Subchapter F, Chapter 42, Education Code], or to the assistance
organization designated by such a school district.
SECTION 3.40. Section 1579.251, Insurance Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The state shall assist employees of participating
school districts and charter schools in the purchase of group
health coverage under this chapter by providing for each covered
employee the amount of $900 each state fiscal year or a greater
amount as provided by the General Appropriations Act. The state
contribution shall be distributed through the school finance
formulas under Chapters 41 and 42, Education Code, and used by
school districts and charter schools to pay contributions under a
group health coverage plan for employees [as provided by Sections
42.2514 and 42.260, Education Code].
(c) A school district or charter school that does not
participate in the program is entitled to state assistance computed
and distributed as provided by Subsection (a). State funds
received under this subsection must be used to pay for employee
health coverage.
SECTION 3.41. Section 1581.702, Insurance Code, as amended
by S.B. No. 1691 and S.B. No. 1863, Acts of the 79th Legislature,
Regular Session, 2005, is amended to read as follows:
Sec. 1581.702. ADDITIONAL SUPPORT. The state shall provide
additional support for a school district to which this section
applies in an amount computed by multiplying the total amount of
supplemental compensation that district employees would have
received [by district employees] under Chapter 1580, as it existed
on January 1, 2005 [Subchapter D, Chapter 22, Education Code], by
0.062.
SECTION 3.42. Section 302.006(c), Labor Code, is amended to
read as follows:
(c) To be eligible to receive a scholarship awarded under
this section, a person must:
(1) be employed in a child-care facility, as defined
by Section 42.002, Human Resources Code;
(2) intend to obtain a credential, certificate, or
degree specified in Subsection (b);
(3) agree to work for at least 18 additional months in
a child-care facility, as defined by Section 42.002, Human
Resources Code, that accepts federal Child Care Development Fund
subsidies and that, at the time the person begins to fulfill the
work requirement imposed by this subdivision, is located:
(A) within the attendance zone of a public school
campus considered academically unacceptable [low-performing] under
Section 39.132, Education Code; or
(B) in an economically disadvantaged community,
as determined by the commission; and
(4) satisfy any other requirements adopted by the
commission.
SECTION 3.43. Section 6.02(b), Tax Code, is amended to read
as follows:
(b) A taxing unit that has boundaries extending into two or
more counties may choose to participate in only one of the appraisal
districts. In that event, the boundaries of the district chosen
extend outside the county to the extent of the unit's boundaries.
To be effective, the choice must be approved by resolution of the
board of directors of the district chosen. [The choice of a school
district to participate in a single appraisal district does not
apply to property annexed to the school district under Subchapter C
or G, Chapter 41, Education Code, unless:
[(1) the school district taxes property other than
property annexed to the district under Subchapter C or G, Chapter
41, Education Code, in the same county as the annexed property; or
[(2) the annexed property is contiguous to property in
the school district other than property annexed to the district
under Subchapter C or G, Chapter 41, Education Code.]
SECTION 3.44. Section 21.02(a), Tax Code, is amended to
read as follows:
(a) Except as provided by [Subsection (b) and] Sections
21.021, 21.04, and 21.05, tangible personal property is taxable by
a taxing unit if:
(1) it is located in the unit on January 1 for more
than a temporary period;
(2) it normally is located in the unit, even though it
is outside the unit on January 1, if it is outside the unit only
temporarily;
(3) it normally is returned to the unit between uses
elsewhere and is not located in any one place for more than a
temporary period; or
(4) the owner resides (for property not used for
business purposes) or maintains the owner's [his] principal place
of business in this state (for property used for business purposes)
in the unit and the property is taxable in this state but does not
have a taxable situs pursuant to Subdivisions (1) through (3) [of
this section].
SECTION 3.45. Section 313.029, Tax Code, is amended to read
as follows:
Sec. 313.029. TAX RATE LIMITATION. If the governing body of
a school district grants an application for a limitation on
appraised value under this subchapter, for each of the first two tax
years that begins after the date the application is approved, the
governing body of the school district may not adopt a tax rate that
exceeds the school district's rollback tax rate under Section
26.08, if applicable, for that year. If, in any tax year in which a
restriction on the school district's tax rate under this section is
in effect, the governing body approves a subsequent application for
a limitation on appraised value under this section, the restriction
on the school district's tax rate is extended until the first tax
year that begins after the second anniversary of the date the
subsequent application is approved.
ARTICLE 4. CHARTER SCHOOLS
SECTION 4.01. (a) Effective August 1, 2006, Subchapter D,
Chapter 12, Education Code, is repealed.
(b) Except as provided by Section 11A.1041, Education Code,
as added by this Act, each open-enrollment charter school operating
or holding a charter to operate on August 1, 2006, shall be
dissolved in accordance with Subchapter J, Chapter 11A, Education
Code, as added by this Act.
SECTION 4.02. Subtitle C, Title 2, Education Code, is
amended by adding Chapter 11A to read as follows:
CHAPTER 11A. PUBLIC CHARTER DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 11A.001. DEFINITIONS. In this chapter:
(1) "Charter holder" means the entity to which a
charter is granted under this chapter.
(2) "Governing body of a charter holder" means the
board of directors, board of trustees, or other governing body of a
charter holder.
(3) "Governing body of a public charter district"
means the board of directors, board of trustees, or other governing
body of a public charter district. The term includes the governing
body of a charter holder if that body acts as the governing body of
the public charter district.
(4) "Management company" means a person, other than a
charter holder, who provides management services for a public
charter district.
(5) "Management services" means services related to
the management or operation of a public charter district,
including:
(A) planning, operating, supervising, and
evaluating the public charter district's educational programs,
services, and facilities;
(B) making recommendations to the governing body
of the public charter district relating to the selection of school
personnel;
(C) managing the public charter district's
day-to-day operations as its administrative manager;
(D) preparing and submitting to the governing
body of the public charter district a proposed budget;
(E) recommending policies to be adopted by the
governing body of the public charter district, developing
appropriate procedures to implement policies adopted by the
governing body of the public charter district, and overseeing the
implementation of adopted policies; and
(F) providing leadership for the attainment of
student performance at the public charter district based on the
indicators adopted under Section 39.051 or by the governing body of
the public charter district.
(6) "Officer of a public charter district" means:
(A) the principal, director, or other chief
operating officer of a public charter district or campus; or
(B) a person charged with managing the finances
of a public charter district.
Sec. 11A.002. AUTHORIZATION. (a) In accordance with this
chapter, the State Board of Education may grant a charter on the
application of an eligible entity for a public charter district to
operate in a facility of a commercial or nonprofit entity, an
eligible entity, or a school district, including a home-rule school
district. In this subsection, "eligible entity" means:
(1) an institution of higher education as defined
under Section 61.003;
(2) a private or independent institution of higher
education as defined under Section 61.003;
(3) an organization that is exempt from federal income
taxation under Section 501(a), Internal Revenue Code of 1986, as an
organization described by Section 501(c)(3) of that code; or
(4) a governmental entity in this state.
(b) The State Board of Education may grant a charter for a
public charter district only to an applicant that meets all
financial, governing, and operational standards adopted by the
commissioner under this chapter.
(c) The State Board of Education may not grant more than a
total of 215 charters for public charter districts.
(d) An educator employed by a school district before the
effective date of a charter for a public charter district operated
at a school district facility may not be transferred to or employed
by the public charter district over the educator's objection.
Sec. 11A.003. AUTHORITY UNDER CHARTER. A public charter
district:
(1) shall provide instruction to and assess a number
of students at a number of elementary or secondary grade levels, as
provided by the charter, sufficient to permit the agency to assign
an accountability rating under Chapter 39;
(2) is governed under the governing structure required
by this chapter and described by the charter;
(3) retains authority to operate under the charter
contingent on satisfactory student performance as provided by the
charter in accordance with Section 11A.103; and
(4) does not have authority to impose taxes.
Sec. 11A.004. STATUS. A public charter district or campus
is part of the public school system of this state.
Sec. 11A.005. IMMUNITY FROM LIABILITY. In matters related
to operation of a public charter district, a public charter
district is immune from liability to the same extent as a school
district, and its employees and volunteers are immune from
liability to the same extent as school district employees and
volunteers. Except as provided by Section 11A.154, a member of the
governing body of a public charter district or of a charter holder
is immune from liability to the same extent as a school district
trustee.
Sec. 11A.006. REFERENCE TO OPEN-ENROLLMENT CHARTER SCHOOL.
A reference in law to an open-enrollment charter school means a
public charter district or public charter campus, as applicable.
[Sections 11A.007-11A.050 reserved for expansion]
SUBCHAPTER B. APPLICABILITY OF CERTAIN LAWS
Sec. 11A.051. GENERAL APPLICABILITY OF LAWS, RULES, AND
ORDINANCES TO PUBLIC CHARTER DISTRICT. (a) Except as provided by
Subsection (b) or (c), a public charter district is subject to
federal and state laws and rules governing public schools and to
municipal zoning ordinances governing public schools.
(b) A public charter district is subject to this code and
rules adopted under this code only to the extent the applicability
to a public charter district of a provision of this code or a rule
adopted under this code is specifically provided.
(c) Notwithstanding Subsection (a), a campus of a public
charter district located in whole or in part in a municipality with
a population of 20,000 or less is not subject to a municipal zoning
ordinance governing public schools.
Sec. 11A.052. APPLICABILITY OF TITLE. (a) A public charter
district has the powers granted to schools under this title.
(b) A public charter district is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) under Section 7.007;
(B) reporting an educator's misconduct under
Section 21.006;
(C) criminal history records under Subchapter C,
Chapter 22;
(D) reading instruments and accelerated reading
instruction programs under Section 28.006;
(E) satisfactory performance on assessment
instruments and to accelerated instruction under Section 28.0211;
(F) intensive programs of instruction under
Section 28.0213;
(G) high school graduation under Section 28.025;
(H) special education programs under Subchapter
A, Chapter 29, including a requirement that special education
teachers obtain appropriate certification;
(I) bilingual education under Subchapter B,
Chapter 29, including a requirement that bilingual education
teachers obtain appropriate certification;
(J) prekindergarten programs under Subchapter E,
Chapter 29;
(K) extracurricular activities under Section
33.081;
(L) discipline management practices or behavior
management techniques under Section 37.0021;
(M) health and safety under Chapter 38; and
(N) public school accountability under
Subchapters B, C, D, G, and I, Chapter 39.
(c) A public charter district is entitled to the same level
of services provided to school districts by regional education
service centers. The commissioner shall adopt rules that provide
for the representation of public charter districts on the boards of
directors of regional education service centers.
(d) The commissioner may by rule permit a public charter
district to voluntarily participate in any state program available
to school districts, including a purchasing program, if the public
charter district complies with all terms of the program.
Sec. 11A.053. APPLICABILITY OF OPEN MEETINGS AND PUBLIC
INFORMATION LAWS. (a) With respect to the operation of a public
charter district, the governing body of a charter holder and the
governing body of a public charter district are considered to be
governmental bodies for purposes of Chapters 551 and 552,
Government Code.
(b) With respect to the operation of a public charter
district, any requirement in Chapter 551 or 552, Government Code,
that applies to a school district, the board of trustees of a school
district, or public school students applies to a public charter
district, the governing body of a charter holder, the governing
body of a public charter district, or students in attendance at a
public charter district campus.
Sec. 11A.054. APPLICABILITY OF LAWS RELATING TO LOCAL
GOVERNMENT RECORDS. (a) With respect to the operation of a public
charter district, a public charter district is considered to be a
local government for purposes of Subtitle C, Title 6, Local
Government Code, and Subchapter J, Chapter 441, Government Code.
(b) Records of a public charter district, a charter holder,
or a management company that relate to a public charter district are
government records for all purposes under state law.
(c) Any requirement in Subtitle C, Title 6, Local Government
Code, or Subchapter J, Chapter 441, Government Code, that applies
to a school district, the board of trustees of a school district, or
an officer or employee of a school district applies to a public
charter district or management company, the governing body of a
charter holder, the governing body of a public charter district, or
an officer or employee of a public charter district or management
company except that the records of a public charter district or
management company that ceases to operate shall be transferred in
the manner prescribed by Subsection (d).
(d) The records of a public charter district or management
company that ceases to operate shall be transferred in the manner
specified by the commissioner to a custodian designated by the
commissioner. The commissioner may designate any appropriate
entity to serve as custodian, including the agency, a regional
education service center, or a school district. In designating a
custodian, the commissioner shall ensure that the transferred
records, including student and personnel records, are transferred
to a custodian capable of:
(1) maintaining the records;
(2) making the records readily accessible to students,
parents, former school employees, and other persons entitled to
access; and
(3) complying with applicable state or federal law
restricting access to the records.
(e) If the charter holder of a public charter district that
ceases to operate or an officer or employee of the district or a
management company refuses to transfer school records in the manner
specified by the commissioner under Subsection (d), the
commissioner may ask the attorney general to petition a court for
recovery of the records. If the court grants the petition, the
court shall award attorney's fees and court costs to the state.
(f) A record described by this section is a public school
record for purposes of Section 37.10(c)(2), Penal Code.
Sec. 11A.055. APPLICABILITY OF LAWS RELATING TO PUBLIC
PURCHASING AND CONTRACTING. (a) This section applies to a public
charter district unless the district's charter otherwise describes
procedures for purchasing and contracting and the procedures are
approved by the State Board of Education.
(b) A public charter district is considered to be:
(1) a governmental entity for purposes of:
(A) Subchapter D, Chapter 2252, Government Code;
and
(B) Subchapter B, Chapter 271, Local Government
Code;
(2) a political subdivision for purposes of Subchapter
A, Chapter 2254, Government Code; and
(3) a local government for purposes of Sections
2256.009-2256.016, Government Code.
(c) To the extent consistent with this section, a
requirement in a law listed in this section that applies to a school
district or the board of trustees of a school district applies to a
public charter district, the governing body of a charter holder, or
the governing body of a public charter district.
Sec. 11A.056. APPLICABILITY OF LAWS RELATING TO CONFLICT OF
INTEREST. (a) A member of the governing body of a charter holder, a
member of the governing body of a public charter district, or an
officer of a public charter district is considered to be a local
public official for purposes of Chapter 171, Local Government Code.
For purposes of that chapter:
(1) a member of the governing body of a charter holder
or a member of the governing body or officer of a public charter
district is considered to have a substantial interest in a business
entity if a person related to the member or officer in the third
degree by consanguinity or affinity, as determined under Chapter
573, Government Code, has a substantial interest in the business
entity under Section 171.002, Local Government Code; and
(2) a teacher at a public charter district may serve as
a member of the governing body of the charter holder or the
governing body of the public charter district if the teachers
serving on the governing body:
(A) do not constitute a quorum of the governing
body or any committee of the governing body; and
(B) comply with the requirements of Sections
171.003-171.007, Local Government Code.
(b) To the extent consistent with this section, a
requirement of a law listed in this section that applies to a school
district or the board of trustees of a school district applies to a
public charter district, the governing body of a charter holder, or
the governing body of a public charter district.
(c) An employee who is not a teacher may serve as a member of
the governing body of a charter holder or the governing body of a
public charter district if:
(1) the charter holder operating the public charter
district where the individual is employed and serves as a member of
the governing body operated an open-enrollment charter school under
Subchapter D, Chapter 12, on August 31, 2005;
(2) the individual was employed by the charter holder
and serving as a member of the governing body on August 31, 2005, in
compliance with former Section 12.1054; and
(3) the individual had been continuously so employed
and serving since a date on or before January 1, 2005.
(d) If under Subsection (c) an individual continues to be
employed and serve as a member of the governing body, the individual
may not participate in any deliberation or voting on the
appointment, reappointment, confirmation of the appointment or
reappointment, employment, reemployment, change in the status,
compensation, or dismissal of the individual if that action applies
only to the individual and is not taken regarding a bona fide class
or category of employees. In addition, the individual may not hear,
consider, or act on any grievance or complaint concerning the
individual or a matter with which the individual has dealt in the
individual's capacity as an employee.
Sec. 11A.057. APPLICABILITY OF NEPOTISM LAWS. (a) A public
charter district, including the governing body of a public charter
district and any district employee with final authority to hire a
district employee, is subject to a prohibition, restriction, or
requirement, as applicable, imposed by state law or by a rule
adopted under state law, relating to nepotism under Chapter 573,
Government Code.
(b) Notwithstanding Subsection (a), a member of the
governing body of a charter holder or public charter district may
not be related in the third degree by consanguinity or affinity, as
determined under Chapter 573, Government Code, to another member of
the governing body of the charter holder or public charter
district.
(c) This section does not apply to an appointment,
confirmation of an appointment, or vote for an appointment or
confirmation of an appointment of an individual to a position if:
(1) the charter holder operating the public charter
district where the individual is employed or serves as a member of
the governing body operated an open-enrollment charter school under
Subchapter D, Chapter 12, on August 31, 2005;
(2) the individual was employed or serving in the
position on August 31, 2005, in compliance with former Section
12.1055; and
(3) the individual has been continuously employed or
serving since a date on or before January 1, 2005.
(d) If, under Subsection (c), an individual continues to be
employed or serve in a position, the public official to whom the
individual is related in a prohibited degree may not participate in
any deliberation or voting on the appointment, reappointment,
confirmation of the appointment or reappointment, employment,
reemployment, change in status, compensation, or dismissal of the
individual if that action applies only to the individual and is not
taken regarding a bona fide class or category of employees.
[Sections 11A.058-11A.100 reserved for expansion]
SUBCHAPTER C. CHARTER ISSUANCE AND ADMINISTRATION
Sec. 11A.101. APPLICATION. (a) The State Board of
Education shall adopt:
(1) an application form and a procedure that must be
used to apply for a charter for a public charter district; and
(2) criteria to use in selecting a program for which to
grant a charter.
(b) The application form must provide for including the
information required under Section 11A.103 to be contained in a
charter.
(c) The State Board of Education may approve or deny an
application based on criteria it adopts and on financial,
governing, and operational standards adopted by the commissioner
under this chapter. The criteria the board adopts must include:
(1) criteria relating to improving student
performance and encouraging innovative programs; and
(2) criteria relating to the educational benefit for
students residing in the geographic area to be served by the
proposed public charter district, as compared to any significant
financial difficulty that a loss in enrollment may have on any
school district whose enrollment is likely to be affected by the
public charter district.
(d) A public charter district may not begin operating under
this chapter unless the commissioner has certified that the
applicant has acceptable administrative and accounting systems and
procedures in place for the operation of the proposed public
charter district.
Sec. 11A.102. NOTIFICATION OF CHARTER APPLICATION. The
commissioner by rule shall adopt a procedure for providing notice
to the following persons on receipt by the State Board of Education
of an application for a charter for a public charter school under
Section 11A.002:
(1) the board of trustees of each school district from
which the proposed charter school is likely to draw students, as
determined by the commissioner; and
(2) each member of the legislature that represents the
geographic area to be served by the proposed school, as determined
by the commissioner.
Sec. 11A.103. CONTENT. (a) Each charter granted under this
chapter must:
(1) describe the educational program to be offered,
which must include the required curriculum as provided by Section
28.002;
(2) establish educational goals, which must include
acceptable student performance as determined under Chapter 39;
(3) specify the grade levels to be offered, which must
be sufficient to permit the agency to assign an accountability
rating under Chapter 39;
(4) describe the facilities to be used;
(5) describe the geographical area served by the
program, which may not be statewide; and
(6) specify any type of enrollment criteria to be
used.
(b) A charter holder of a public charter district shall
consider including in the district's charter a requirement that the
district develop and administer personal graduation plans under
Section 28.0212.
(c) The terms of a charter may not include plans for future
increases in student enrollment, grade levels, campuses, or
geographical area, except that:
(1) the charter may contain a plan for adding grade
levels as necessary to comply with Section 11A.253(c) or (d); and
(2) the commissioner may approve such an increase in a
charter revision request under Section 11A.106.
Sec. 11A.104. FORM. A charter for a public charter district
shall be in the form of a license issued by the State Board of
Education to the charter holder.
Sec. 11A.1041. GRANT OF CHARTER REQUIRED FOR CERTAIN
ENTITIES. (a) Notwithstanding Section 11A.101, the commissioner
shall immediately grant a charter under this chapter to the
following entities on or before August 1, 2006:
(1) an eligible entity holding a charter granted
before September 1, 2002, under Subchapter D, Chapter 12, as that
subchapter existed on January 1, 2005, if:
(A) for fiscal years 2004 and 2005, the entity
had total assets that exceeded total liabilities, as determined by
the entity's annual audit report under Section 44.008;
(B) at least 30 percent of all students enrolled
at the entity's open-enrollment charter school and administered an
assessment instrument under Section 39.023(a), (c), or (l)
performed satisfactorily on the assessment instrument in
mathematics, as determined by the school's assessment instrument
results for the 2005-2006 school year; and
(C) at least 30 percent of all students enrolled
at the entity's open-enrollment charter school and administered an
assessment instrument under Section 39.023(a), (c), or (l)
performed satisfactorily on the assessment instrument in reading or
English language arts, as applicable, as determined by the school's
assessment instrument results for the 2005-2006 school year;
(2) a governmental entity holding a charter under
Subchapter D, Chapter 12, as that subchapter existed on January 1,
2005;
(3) an eligible entity holding a charter under
Subchapter D, Chapter 12, as that subchapter existed on January 1,
2005, if at least 85 percent of students enrolled in the school
reside in a residential facility; and
(4) an eligible entity granted a charter on or after
September 1, 2002, under Subchapter D, Chapter 12, as that
subchapter existed on January 1, 2005.
(b) Assessment instrument results for fewer than five
students are not considered for purposes of Subsection (a)(1)(B) or
(C).
(c) The commissioner shall determine which entities are
eligible for a charter under this section as soon as practicable.
(d) The content and terms of a charter granted to an
eligible entity under this section must be the same as those under
which the entity operated under Subchapter D, Chapter 12, as that
subchapter existed on January 1, 2005, except that where the terms
conflict with this chapter, this chapter prevails.
(e) An eligible entity holding multiple charters prior to
January 1, 2005, may not combine those charters into one charter for
a public charter district but must retain each of those charters
which count towards the limit imposed under Section 11A.002(c).
(f) Section 11A.157 does not apply to an entity granted a
charter under this section.
(g) A decision of the commissioner under this section is not
subject to a hearing or an appeal to a district court.
(h) This section expires January 1, 2008.
Sec. 11A.1042. DETERMINATION OF ACCEPTABLE PERFORMANCE.
(a) For purposes of Section 11A.1041(a), the commissioner shall
compute the percentage of students who performed satisfactorily on
an assessment instrument in a manner consistent with this section.
(b) The commissioner may only consider the performance of a
student who was enrolled as of the date for reporting enrollment for
the fall semester under the Public Education Information Management
System (PEIMS).
(c) In computing performance under this section, the
commissioner must:
(1) add the results for third through 11th grade
assessment instruments in English and third through sixth grade
assessment instruments in Spanish across grade levels tested at all
campuses operated by the charter holder and evaluate those results
for all students;
(2) combine the results for third through ninth grade
assessment instruments in reading and 10th and 11th grade
assessment instruments in English language arts and evaluate those
results as a single subject; and
(3) separately determine student performance for
reading and mathematics as a percentage equal to the sum of students
who performed satisfactorily on the specific subject area
assessment instrument in all grade levels tested at all campuses
operated by the charter holder divided by the number of students who
took the specific subject area assessment instrument in grade
levels tested at all campuses operated by the charter holder.
(d) To the extent consistent with this section, the
commissioner shall use the methodology used to compute passing
rates for reading and mathematics assessment instruments for
purposes of determining accountability ratings under Chapter 39 for
the 2004-2005 school year as provided by 19 T.A.C. Section 97.1002.
(e) This section expires January 1, 2008.
Sec. 11A.105. CHARTER GRANTED. Each charter the State
Board of Education grants for a public charter district must:
(1) satisfy this chapter; and
(2) include the information that is required under
Section 11A.103 consistent with the information provided in the
application and any modification the board requires.
Sec. 11A.106. REVISION. (a) A revision of a charter of a
public charter district may be made only with the approval of the
commissioner.
(b) Not more than once each year, a public charter district
may request approval to revise the maximum student enrollment
described by the district's charter.
(c) The commissioner may not approve a charter revision that
increases a public charter district's enrollment, increases the
grade levels offered, increases the number of campuses, or changes
the boundaries of the geographic area served by the program unless
the commissioner determines that:
(1) the public charter district has operated one or
more campuses for at least three school years;
(2) each campus operated by the public charter
district has been rated at least academically acceptable under
Subchapter D, Chapter 39, for each of its most recent three years of
operation;
(3) each campus operated by the public charter
district has achieved performance levels that are at least five
percentage points above the applicable accountability standard for
academically acceptable performance on statewide assessments under
Subchapter D, Chapter 39, as determined by the commissioner, for
all tested subjects for each of its most recent two years of
operation;
(4) the public charter district has been rated
superior, above standard, standard, or the equivalent, under the
financial accountability system under Subchapter I, Chapter 39;
(5) during the three years preceding the proposed
charter revision, the public charter district and its campuses have
not been subject to an intervention or sanction under Subchapter D,
Chapter 39, including an intervention or sanction related to:
(A) the quality of data or reports required by
state or federal law or court order;
(B) high school graduation requirements under
Section 28.025; or
(C) the effectiveness of programs for special
student populations; and
(6) the charter revision is in the best interest of
students of this state.
(d) In making a determination under Subsection (c)(6), the
commissioner shall review all available information relating to the
charter holder, including the charter holder's:
(1) academic and financial performance;
(2) history of compliance with applicable laws;
(3) staffing, financial, and organizational data; and
(4) any other information regarding the charter
holder's capacity to successfully implement the requested charter
revision.
(e) The commissioner may not approve a charter revision that
proposes an increase in:
(1) a public charter district's enrollment, unless the
charter holder adopts a business plan for implementing the
enrollment increase that includes components identified by the
commissioner; or
(2) the grade levels offered by a public charter
district, unless the charter holder adopts an educational plan for
the additional grade levels that includes components identified by
the commissioner.
(f) The commissioner may approve a charter revision
authorizing a public charter district to serve students in a
geographical area that is not contiguous with the existing
boundaries of the district, but may not approve a statewide
geographical boundary.
Sec. 11A.107. BASIS FOR MODIFICATION, PLACEMENT ON
PROBATION, OR REVOCATION. (a) The commissioner may modify, place
on probation, or revoke the charter of a public charter district if
the commissioner determines under Section 11A.108 that the charter
holder:
(1) committed a material violation of the charter;
(2) failed to satisfy generally accepted accounting
standards of fiscal management;
(3) failed to protect the health, safety, welfare, or
best interests of the students enrolled at the public charter
district; or
(4) failed to comply with this chapter or another
applicable law or rule.
(b) The commissioner shall revoke the charter of a public
charter district without a hearing if:
(1) in two consecutive years, the public charter
district:
(A) is rated academically unacceptable under
Subchapter D, Chapter 39; or
(B) is rated financially unacceptable by the
commissioner under Subchapter I, Chapter 39; or
(2) all campuses operated by the public charter
district have been ordered closed under Section 39.131(a) or
39.1322(f).
(c) A revocation under Subsection (b)(1) is effective on
January 1 following the school year in which the public charter
district received a second unacceptable rating.
Sec. 11A.108. PROCEDURE FOR MODIFICATION, PLACEMENT ON
PROBATION, OR REVOCATION. (a) The commissioner shall adopt a
procedure to be used for modifying, placing on probation, or
revoking the charter of a public charter district under Section
11A.107(a).
(b) The procedure adopted under Subsection (a) must provide
an opportunity for a hearing to the charter holder.
Sec. 11A.109. APPEAL OF MODIFICATION, PLACEMENT ON
PROBATION, OR REVOCATION. A charter holder may appeal a
modification, placement on probation, or revocation under this
subchapter only in the manner provided by the applicable procedures
adopted by the commissioner under Section 11A.108. The charter
holder may not otherwise appeal to the commissioner and may not
appeal to a district court.
Sec. 11A.110. EFFECT OF REVOCATION OR SURRENDER OF CHARTER.
If the commissioner revokes a charter of a public charter district,
if a district is ordered closed under Chapter 39, or if a public
charter district surrenders its charter, the district may not:
(1) continue to operate under this chapter; or
(2) receive state funds under this chapter.
[Sections 11A.111-11A.150 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES OF GOVERNING BODIES OF
CHARTER HOLDERS, PUBLIC CHARTER DISTRICTS, AND
MANAGEMENT COMPANIES
Sec. 11A.151. RESPONSIBILITY FOR PUBLIC CHARTER DISTRICT.
The governing body of a charter holder is responsible for the
management, operation, and accountability of the public charter
district, regardless of whether the governing body delegates the
governing body's powers and duties to another person.
Sec. 11A.152. COMPOSITION OF GOVERNING BODY OF CHARTER
HOLDER. The governing body of a charter holder must be composed of
at least five members.
Sec. 11A.153. RESTRICTIONS ON SERVING AS MEMBER OF
GOVERNING BODY OF CHARTER HOLDER OR PUBLIC CHARTER DISTRICT OR AS
OFFICER OR EMPLOYEE. (a) Except as provided by Subsection (b), a
person may not serve as a member of the governing body of a charter
holder, as a member of the governing body of a public charter
district, or as an officer or employee of a public charter district
if the person:
(1) has been convicted of a felony or a misdemeanor
involving moral turpitude;
(2) has been convicted of an offense listed in Section
37.007(a);
(3) has been convicted of an offense listed in Article
62.001(5), Code of Criminal Procedure; or
(4) has a substantial interest in a management
company.
(b) A person who has been convicted of an offense described
by Subsection (a)(1), (2), or (3) may serve as a member of the
governing body of a charter holder, as a member of the governing
body of a public charter district, or as an officer or employee of a
public charter district if the commissioner determines that the
person is fit to serve in that capacity. In making a determination
under this subsection, the commissioner shall consider:
(1) the factors described by Section 53.022,
Occupations Code, for determining the extent to which a conviction
relates to an occupation;
(2) the factors described by Section 53.023,
Occupations Code, for determining the fitness of a person to
perform the duties and discharge the responsibilities of an
occupation; and
(3) other appropriate factors, as determined by the
commissioner.
(c) For purposes of Subsection (a)(4), a person has a
substantial interest in a management company if the person or a
relative within the third degree by consanguinity or affinity, as
determined under Chapter 573, Government Code:
(1) has a controlling interest in the company;
(2) owns more than 10 percent of the voting interest in
the company;
(3) owns more than $25,000 of the fair market value of
the company;
(4) has a direct or indirect participating interest by
shares, stock, or otherwise, regardless of whether voting rights
are included, in more than 10 percent of the profits, proceeds, or
capital gains of the company;
(5) is a member of the board of directors or other
governing body of the company;
(6) serves as an elected officer of the company; or
(7) is an employee of the company.
Sec. 11A.154. LIABILITY OF MEMBERS OF GOVERNING BODY OF
CHARTER HOLDER. (a) Notwithstanding the Texas Non-Profit
Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
Statutes), Chapter 22, Business Organizations Code, or other law,
on request of the commissioner, the attorney general shall bring
suit against a member of the governing body of a charter holder for
breach of a fiduciary duty by the member, including misapplication
of public funds.
(b) The attorney general may bring suit under Subsection (a)
for:
(1) damages;
(2) injunctive relief; or
(3) any other equitable remedy determined to be
appropriate by the court.
(c) This section is cumulative of all other remedies.
Sec. 11A.155. TRAINING FOR MEMBERS OF GOVERNING BODY OF
CHARTER HOLDER. (a) The commissioner shall adopt rules
prescribing training for members of governing bodies of charter
holders.
(b) The rules adopted under Subsection (a) may:
(1) specify the minimum amount and frequency of the
training;
(2) require the training to be provided by:
(A) the agency and regional education service
centers;
(B) entities other than the agency and service
centers, subject to approval by the commissioner; or
(C) both the agency, service centers, and other
entities; and
(3) require training to be provided concerning:
(A) basic school law, including school finance;
(B) health and safety issues;
(C) accountability requirements related to the
use of public funds; and
(D) other requirements relating to
accountability to the public, such as open meetings requirements
under Chapter 551, Government Code, and public information
requirements under Chapter 552, Government Code.
Sec. 11A.156. BYLAWS; ANNUAL REPORT. (a) A charter holder
shall file with the commissioner a copy of its articles of
incorporation and bylaws, or comparable documents if the charter
holder does not have articles of incorporation or bylaws, within
the period and in the manner prescribed by the commissioner.
(b) Each public charter district shall file annually with
the commissioner the following information in a form prescribed by
the commissioner:
(1) the name, address, and telephone number of each
officer and member of the governing body of the charter holder; and
(2) the amount of annual compensation the public
charter district pays to each officer and member of the governing
body.
Sec. 11A.157. QUARTERLY FINANCIAL REPORTS REQUIRED. During
a public charter district's first year of operation, the charter
holder shall submit quarterly financial reports to the
commissioner. The commissioner by rule shall determine the form
and content of the financial reports under this section.
Sec. 11A.158. PEIMS INFORMATION. The governing body of a
public charter district shall comply with Section 7.007.
Sec. 11A.159. LIABILITY OF MANAGEMENT COMPANY. (a) A
management company that provides management services to a public
charter district is liable for damages incurred by the state or a
school district as a result of the failure of the company to comply
with its contractual or other legal obligation to provide services
to the district.
(b) On request of the commissioner, the attorney general may
bring suit on behalf of the state against a management company
liable under Subsection (a) for:
(1) damages, including any state funding received by
the company and any consequential damages suffered by the state;
(2) injunctive relief; or
(3) any other equitable remedy determined to be
appropriate by the court.
(c) This section is cumulative of all other remedies and
does not affect:
(1) the liability of a management company to the
charter holder; or
(2) the liability of a charter holder, a member of the
governing body of a charter holder, or a member of the governing
body of a public charter district to the state.
Sec. 11A.160. LOANS FROM MANAGEMENT COMPANY PROHIBITED.
(a) The charter holder or the governing body of a public charter
district may not accept a loan from a management company that has a
contract to provide management services to:
(1) the district; or
(2) another public charter district that operates
under a charter granted to the charter holder.
(b) A charter holder or the governing body of a public
charter district that accepts a loan from a management company may
not enter into a contract with that management company to provide
management services to the district.
Sec. 11A.161. CONTRACT FOR MANAGEMENT SERVICES. Any
contract, including a contract renewal, between a public charter
district and a management company proposing to provide management
services to the district must require the management company to
maintain all records related to the management services separately
from any other records of the management company.
Sec. 11A.162. CERTAIN MANAGEMENT SERVICES CONTRACTS
PROHIBITED. The commissioner may prohibit, deny renewal of,
suspend, or revoke a contract between a public charter district and
a management company providing management services to the district
if the commissioner determines that the management company has:
(1) failed to provide educational or related services
in compliance with the company's contractual or other legal
obligation to any public charter district in this state or to any
other similar entity in another state;
(2) failed to protect the health, safety, or welfare
of the students enrolled at a public charter district served by the
company;
(3) violated this chapter or a rule adopted under this
chapter; or
(4) otherwise failed to comply with any contractual or
other legal obligation to provide services to the district.
[Sections 11A.163-11A.200 reserved for expansion]
SUBCHAPTER E. FUNDING AND FINANCIAL OPERATIONS
Sec. 11A.201. STATE FUNDING. (a) To the extent consistent
with Subsection (c), a charter holder is entitled to receive for the
public charter district funding under Chapter 42 as if the public
charter district were a school district without a local share for
purposes of Section 42.306 and without any local revenue ("LR") for
purposes of Section 42.252. In determining funding for a public
charter district, adjustments under Sections 42.301, 42.302, and
42.303 and the district enrichment tax rate ("DTR") under Section
42.252 are based on the average adjustment and average district
enrichment tax rate for the state.
(a-1) Notwithstanding Subsection (a), an entity granted a
charter under Section 11A.1041 is entitled to receive funding for
each student in weighted average daily attendance in an amount
equal to the greater of the amount determined under Subsection (a)
or the amount to which the entity was entitled for the 2003-2004 or
2004-2005 school year, as determined by the commissioner. A
determination of the commissioner under this subsection is final
and not subject to appeal. This subsection expires September 1,
2013.
(b) To the extent consistent with Subsection (c), a public
charter district is entitled to funds that are available to school
districts from the agency or the commissioner, including grants and
other discretionary funding and any teacher incentive payments
under Section 39.113, unless the statute authorizing the funding
explicitly provides that a public charter district is not entitled
to the funding.
(c) A charter holder is entitled to receive for a public
charter district funding under this section only if the holder:
(1) provides information for the Public Education
Information Management System (PEIMS) as required by this chapter;
(2) submits to the commissioner appropriate fiscal and
financial records as required by this chapter and the commissioner;
and
(3) receives an annual unqualified opinion in the
standard report filed pursuant to Section 11A.210.
(d) The commissioner shall suspend the funding of a charter
holder that fails to comply with Subsection (c) until the
commissioner determines that the charter holder is in compliance or
has cured any noncompliance and has adopted adequate procedures to
prevent future noncompliance.
(e) The commissioner may adopt rules to provide and account
for state funding of public charter districts under this section. A
rule adopted under this section may be similar to a provision of
this code that is not similar to Section 11A.052(b) if the
commissioner determines that the rule is related to financing of
public charter districts and is necessary or prudent to provide or
account for state funds.
Sec. 11A.2011. ADDITIONAL STATE AID FOR CERTAIN STAFF
SALARIES. (a) This section applies only to a charter holder that
on January 1, 2005:
(1) operated an open-enrollment charter school under
former Subchapter D, Chapter 12; and
(2) participated in the program under Chapter 1579,
Insurance Code.
(b) In addition to any amounts to which a charter holder is
entitled under this chapter, a charter holder is entitled to state
aid in an amount, as determined by the commissioner, equal to the
product of $1,000 multiplied by the number of classroom teachers,
full-time librarians, and full-time counselors certified under
Subchapter B, Chapter 21, and full-time school nurses appropriately
licensed under Chapter 301, Occupations Code, who are employed by
the charter holder at a public charter district.
Sec. 11A.202. INSTRUCTIONAL FACILITIES ALLOTMENTS. (a) In
this section, "instructional facility" has the meaning assigned by
Section 46.001.
(b) A charter holder is initially eligible for
instructional facilities allotments in accordance with this
section if:
(1) any campus of a public charter district for which
the charter holder has been granted a license has for two
consecutive school years been rated exemplary or recognized under
Subchapter D, Chapter 39, or has performed at a comparable level, as
determined by the commissioner for purposes of this section; and
(2) on the most recent audit of the financial
operations of the district conducted pursuant to Section 11A.210,
the district has satisfied generally accepted accounting standards
of fiscal management as evidenced by an unqualified opinion in the
standard report issued and filed pursuant to Section 11A.210.
(b-1) Notwithstanding Subsection (b), a charter holder is
eligible for instructional facilities allotments for the 2006-2007
school year in accordance with this section if any campus of a
public charter district for which the charter holder has been
granted a license has been rated exemplary or recognized under
Subchapter D, Chapter 39, for at least two of the 2003-2004,
2004-2005, and 2005-2006 school years.
(b-2) Subsection (b-1) and this subsection expire September
1, 2007.
(c) Once a public charter district satisfies the initial
eligibility requirements under Subsection (b) and receives an
allotment under this section, the district continues to remain
eligible until the district receives an accountability rating of
unacceptable under Subchapter D, Chapter 39, at which point the
district is again subject to the eligibility requirements of
Subsection (b).
(d) The commissioner annually shall review the eligibility
of a public charter district campus for purposes of this section.
(e) Except as otherwise provided by this section, a charter
holder is entitled to an annual allotment in an amount determined by
the commissioner, not to exceed $1,000 or a different amount
provided by appropriation, for each student in average daily
attendance during the preceding year at a campus of a public charter
district that is eligible for an allotment under this section.
(f) A charter holder who receives funds under this section
may use the funds only to:
(1) purchase real property on which to construct an
instructional facility for a public charter district campus for
which the funds were paid under Subsection (e);
(2) purchase, lease, construct, expand, or renovate
instructional facilities for a public charter district campus for
which the funds were paid under Subsection (e);
(3) pay debt service in connection with instructional
facilities purchased or improved for a campus of the public charter
district that meets the requirements under Subsection (b); or
(4) maintain and operate public charter district
instructional facilities.
(g) A decision of the commissioner under Subsection (e) is
final and may not be appealed.
(h) The commissioner shall by rule establish procedures to
ensure that funds a charter holder claims to be using for purposes
of Subsection (f)(3) are used only for that purpose.
Sec. 11A.203. STATUS AND USE OF FUNDS. (a) Funds received
under Section 11A.201 or 11A.202 by a charter holder:
(1) are considered to be public funds for all purposes
under state law;
(2) are held in trust by the charter holder for the
benefit of this state and the students of the public charter
district;
(3) may be used only for a purpose for which a school
may use local funds under Section 45.105(c) in the case of funds
received under Section 11A.201, and may be used only for a purpose
specified under Section 11A.202(f) in the case of funds received
under Section 11A.202; and
(4) pending their use, must be deposited into a bank,
as defined by Section 45.201, with which the charter holder has
entered into a depository contract under Section 11A.204.
(b) Funds deposited under Subsection (a)(4) may be directly
deposited into an account controlled by a bond trustee acting for
the charter holder pursuant to a bond indenture agreement requiring
direct deposit.
(c) The commissioner shall adopt rules for identifying
public funds in accordance with Subsection (a).
(d) The commissioner may bring an action in district court
in Travis County for injunctive or other relief to enforce this
section. In identifying public funds held by a charter holder, the
court shall use the criteria adopted by the commissioner under
Subsection (c). Except as otherwise provided by this subsection,
the court shall enter any order under this subsection concerning
public funds held by the charter holder necessary to best serve the
interests of the students of a public charter district. In the case
of a public charter district that has ceased to operate, the court
shall enter any order under this subsection concerning public funds
held by the charter holder necessary to best serve the interests of
this state.
Sec. 11A.204. DEPOSITORY CONTRACT; BOND. (a) Each bank
selected as a school depository and the charter holder shall enter
into a depository contract, bond, or other necessary instrument
setting forth the duties and agreements pertaining to the
depository, in a form and with the content prescribed by the State
Board of Education.
(b) The depository bank shall attach to the contract and
file with the charter holder a bond in an initial amount equal to
the estimated highest daily balance, determined by the charter
holder, of all deposits that the charter holder will have in the
depository during the term of the contract, less any applicable
Federal Deposit Insurance Corporation insurance. The bond must be
payable to the charter holder and must be signed by the depository
bank and by a surety company authorized to engage in business in
this state. The depository bank shall increase the amount of the
bond if the charter holder determines the increase is necessary to
adequately protect the funds of the charter holder deposited with
the depository bank.
(c) The bond shall be conditioned on:
(1) the faithful performance of all duties and
obligations imposed by law on the depository;
(2) the payment on presentation of all checks or
drafts on order of the charter holder, in accordance with its orders
entered by the charter holder according to law;
(3) the payment on demand of any demand deposit in the
depository;
(4) the payment, after the expiration of the period of
notice required, of any time deposit in the depository;
(5) the faithful keeping of school funds by the
depository and the accounting for the funds according to law; and
(6) the faithful paying over to the successor
depository all balances remaining in the accounts.
(d) The bond and the surety on the bond must be approved by
the charter holder. A premium on the depository bond may not be
paid out of charter holder funds related to operation of the public
charter district.
(e) The charter holder shall file a copy of the depository
contract and bond with the agency.
(f) Instead of the bond required under Subsection (b), the
depository bank may deposit or pledge, with the charter holder or
with a trustee designated by the charter holder, approved
securities, as defined by Section 45.201, in an amount sufficient
to adequately protect the funds of the charter holder deposited
with the depository bank. A depository bank may give a bond and
deposit or pledge approved securities in an aggregate amount
sufficient to adequately protect the funds of the charter holder
deposited with the depository bank. The charter holder shall
periodically designate the amount of approved securities or the
aggregate amount of the bond and approved securities necessary to
adequately protect the charter holder. The charter holder may not
designate an amount less than the balance of charter holder funds on
deposit with the depository bank from day to day, less any
applicable Federal Deposit Insurance Corporation insurance. The
depository bank may substitute approved securities on obtaining the
approval of the charter holder. For purposes of this subsection,
the approved securities are valued at their market value.
Sec. 11A.205. EFFECT OF ACCEPTING STATE FUNDING. A charter
holder who accepts state funds under Section 11A.201 or 11A.202
agrees to be subject to all requirements, prohibitions, and
sanctions authorized under this chapter.
Sec. 11A.206. PROPERTY PURCHASED OR LEASED WITH STATE
FUNDS. (a) Property purchased or leased with funds received by a
charter holder under Section 11A.201 or 11A.202:
(1) is considered to be public property for all
purposes under state law;
(2) is held in trust by the charter holder for the
benefit of this state and the students of the public charter
district; and
(3) may be used only for a purpose for which a school
district may use school district property.
(b) The commissioner shall:
(1) take possession and assume control of the property
described by Subsection (a) of a public charter district that
ceases to operate; and
(2) supervise the disposition of the property in
accordance with law.
(c) This section does not affect the priority of a security
interest in or lien on property established by a creditor in
compliance with law if the security interest or lien arose in
connection with the sale or lease of the property to the charter
holder.
(d) The commissioner shall adopt rules for identifying
public property in accordance with Subsection (a).
(e) The commissioner may bring an action in district court
in Travis County for injunctive or other relief to enforce this
section. In identifying public property held by a charter holder,
the court shall use the criteria adopted by the commissioner under
Subsection (d). Except as otherwise provided by this subsection,
the court shall enter any order under this subsection concerning
public property held by the charter holder necessary to best serve
the interests of the students of a public charter district. In the
case of a public charter district that has ceased to operate, the
court shall enter any order under this subsection concerning public
property held by the charter holder necessary to best serve the
interests of this state. The court may order title to real or
personal public property held by the charter holder transferred to
a trust established for the purpose of managing the property or may
make other disposition of the property necessary to best serve the
interests of this state.
Sec. 11A.207. USE OF MUNICIPAL FUNDS FOR PUBLIC CHARTER
DISTRICT LAND OR FACILITIES. A municipality to which a charter is
granted under this chapter may borrow funds, issue obligations, or
otherwise spend its funds to acquire land or acquire, construct,
expand, or renovate school buildings or facilities and related
improvements for its public charter district within the city limits
of the municipality in the same manner the municipality is
authorized to borrow funds, issue obligations, or otherwise spend
its funds in connection with any other public works project.
Sec. 11A.208. FUNDING FOR INSTRUCTIONAL MATERIALS AND
TECHNOLOGY. A public charter district is entitled to funding for
instructional materials under Chapter 31 and technology under
Subchapter A, Chapter 32, and is subject to those provisions as if
the public charter district were a school district.
Sec. 11A.209. ANNUAL BUDGET. The governing body of a public
charter district shall annually adopt a budget for the district.
Sec. 11A.210. ANNUAL AUDIT. The governing body of a public
charter district shall conduct an annual audit in a manner that
complies with Section 44.008.
[Sections 11A.211-11A.250 reserved for expansion]
SUBCHAPTER F. OPERATION OF PUBLIC CHARTER DISTRICT
Sec. 11A.251. ADMISSION POLICY. A public charter district
may not discriminate in admission policy on the basis of sex,
national origin, ethnicity, religion, disability, or academic,
artistic, or athletic ability or the district the child would
otherwise attend in accordance with this code.
Sec. 11A.252. ADMISSION OF STUDENTS. (a) For admission to
a public charter district campus, the governing body of the
district shall:
(1) require the applicant to complete and submit an
application not later than a reasonable deadline the district
establishes; and
(2) on receipt of more acceptable applications for
admission under this section than available positions in the
school:
(A) fill the available positions by lottery; or
(B) subject to Subsection (b), fill the available
positions in the order in which applications received before the
application deadline were received.
(b) A public charter district may fill applications for
admission under Subsection (a)(2)(B) only if the district published
a notice of the opportunity to apply for admission to the district.
A notice published under this subsection must:
(1) state the application deadline;
(2) be published in a newspaper of general circulation
in the community in which the district campus is located not later
than the seventh day before the application deadline; and
(3) be made available on the public charter district's
Internet website, if available.
(c) A public charter district may exempt an applicant from
the requirements of Subsection (a)(2) if the applicant is:
(1) the child or grandchild of a member of the
governing body of the charter holder at the time the district's
charter was first granted;
(2) the child of an employee of the district or the
charter holder; or
(3) a sibling of a student who is enrolled in the
district.
Sec. 11A.253. STUDENT ENROLLMENT. (a) Except as provided
by Subsection (b) or as otherwise determined impracticable by the
commissioner, during a public charter district's first year of
operation, the district must have a student enrollment of at least
100 and not more than 500 at any time during the school year.
(b) A public charter district may have a student enrollment
of less than 100 if approved by the commissioner.
(c) Not later than a public charter district's third year of
operation, at least 25 percent of the district's students must be
enrolled in one or more grade levels for which assessment
instruments are administered under Section 39.023(a).
(d) The commissioner may grant a waiver from the
requirements of Subsection (c) for a public charter district that
opens a campus serving prekindergarten or kindergarten students and
agrees to:
(1) add at least one higher grade level class each
school year after opening the campus; and
(2) until the campus complies with Subsection (c),
adopt accountability measures to assess the performance of the
students not assessed under Section 39.023(a).
(e) The commissioner may grant a waiver from the
requirements of Subsection (c) for a public charter district that
was operating an open-enrollment charter school campus on January
1, 2005, serving prekindergarten, kindergarten, and first, second,
and third grade students if the public charter district:
(1) adopts one or more nationally norm-referenced
assessment instruments approved by the commissioner;
(2) administers the assessment instruments to its
second grade students at intervals and in the manner specified by
commissioner rule; and
(3) meets the applicable standards for student
performance on the assessment instruments, as determined by
commissioner rule.
(f) The commissioner shall adopt rules necessary to
implement this section.
Sec. 11A.254. TUITION AND FEES RESTRICTED. (a) A public
charter district may not charge tuition to an eligible student who
applies for admission to the district under this chapter.
(b) The governing body of a public charter district may
require a student to pay any fee that the board of trustees of a
school district may charge under Section 11.158(a). The governing
body may not require a student to pay a fee that the board of
trustees of a school district may not charge under Section
11.158(b).
Sec. 11A.255. TRANSPORTATION. A public charter district
shall provide transportation to each student attending the school
to the same extent a school district is required by law to provide
transportation to district students.
Sec. 11A.256. REMOVAL OF STUDENTS TO DISCIPLINARY
ALTERNATIVE EDUCATION PROGRAM; EXPULSION OF STUDENTS. (a) The
governing body of a public charter district shall adopt a code of
conduct for the district or for each campus in the district.
(b) The code of conduct must include:
(1) standards for student behavior, including the
types of prohibited behaviors and the possible consequences of
misbehavior; and
(2) the district's due process procedures regarding
expulsion of a student.
(c) A final decision of the governing body of a public
charter district regarding action taken under the code of conduct
may not be appealed.
(d) A public charter district may not expel a student for a
reason that is not authorized by Section 37.007 or specified in the
district's code of conduct as conduct that may result in expulsion.
(e) Section 37.002 does not apply to a public charter
district except to the extent specified by the governing body of the
public charter district in the district's code of conduct.
[Sections 11A.257-11A.300 reserved for expansion]
SUBCHAPTER G. PUBLIC CHARTER DISTRICT EMPLOYEES
Sec. 11A.301. MINIMUM TEACHER QUALIFICATIONS. (a) Except
as otherwise required by this section or chapter, a person employed
as a teacher by a public charter district must hold a baccalaureate
degree.
(b) To the extent required by federal law, including 20
U.S.C. Section 7801(11), a person employed as a teacher by a public
charter district must hold a baccalaureate degree.
Sec. 11A.302. NOTICE OF PROFESSIONAL EMPLOYEE
QUALIFICATIONS. (a) Each public charter district shall provide to
the parent or guardian of each student enrolled at a campus in the
district written notice of the qualifications of each professional
employee, including each teacher, employed at the campus.
(b) The notice must include:
(1) any professional or educational degree held by the
employee;
(2) a statement of any certification under Subchapter
B, Chapter 21, held by the employee; and
(3) any relevant experience of the employee.
Sec. 11A.303. COLLECTION OF FINGERPRINTS REQUIRED. The
governing body of a public charter district shall obtain a complete
set of fingerprints from each person described by Section
21.0032(a).
Sec. 11A.304. CRIMINAL HISTORY AND DISCIPLINARY HISTORY OF
CERTAIN APPLICANTS. A public charter district must comply with
Section 21.0032 before employing or otherwise securing the services
of a person as a teacher, teacher intern or trainee, librarian,
educational aide, administrator, or counselor, regardless of
whether the applicant is certified under Subchapter B, Chapter 21.
Sec. 11A.305. MEMBERSHIP IN TEACHER RETIREMENT SYSTEM OF
TEXAS. (a) An employee of a public charter district who qualifies
for membership in the Teacher Retirement System of Texas shall be
covered under the system to the same extent a qualified employee of
a school district is covered.
(b) For each employee of a public charter district covered
under the system, the public charter district is responsible for
making any contribution that otherwise would be the legal
responsibility of a school district, and the state is responsible
for making contributions to the same extent it would be legally
responsible if the employee were a school district employee.
Sec. 11A.306. WAGE INCREASE FOR CERTAIN PROFESSIONAL STAFF.
(a) This section applies only to a charter holder that on January
1, 2005:
(1) operated an open-enrollment charter school under
former Subchapter D, Chapter 12; and
(2) participated in the program under Chapter 1579,
Insurance Code.
(b) Using state funds received by the charter holder for
that purpose under Section 11A.2011, a charter holder each school
year shall pay each classroom teacher, full-time librarian,
full-time counselor certified under Subchapter B, Chapter 21, and
full-time school nurse appropriately licensed under Chapter 301,
Occupations Code, employed by the charter holder an amount at least
equal to $1,000.
(c) A payment under this section is in addition to wages the
charter holder would otherwise pay the employee during the school
year.
[Sections 11A.307-11A.350 reserved for expansion]
SUBCHAPTER H. POWERS AND DUTIES OF COMMISSIONER
Sec. 11A.351. AUDIT. (a) To the extent consistent with
this section, the commissioner may audit the records of:
(1) a public charter district or campus;
(2) a charter holder; and
(3) a management company.
(b) An audit under Subsection (a) must be limited to matters
directly related to the management or operation of a public charter
district, including any financial, student, and administrative
records.
(c) Unless the commissioner has specific cause to conduct an
additional audit, the commissioner may not conduct more than one
on-site audit of a public charter district under this section
during any fiscal year, including any audit of financial, student,
and administrative records. For purposes of this subsection, an
audit of a charter holder or management company associated with a
public charter district is not considered an audit of the district.
Sec. 11A.352. SUBPOENA. (a) The commissioner may issue a
subpoena to compel the attendance and testimony of a witness or the
production of materials relevant to an audit or investigation under
this chapter.
(b) A subpoena may be issued throughout the state and may be
served by any person designated by the commissioner.
(c) If a person fails to comply with a subpoena issued under
this section, the commissioner, acting through the attorney
general, may file suit to enforce the subpoena in a district court
in Travis County or in the county in which the audit or
investigation is conducted. The court shall order compliance with
the subpoena if the court finds that good cause exists to issue the
subpoena.
(d) This section expires September 1, 2007.
Sec. 11A.353. SANCTIONS. (a) The commissioner shall take
any of the actions described by Subsection (b) or by Section
39.131(a), to the extent the commissioner determines necessary, if
a public charter district, as determined by a report issued under
Section 39.076(b):
(1) commits a material violation of the district's
charter;
(2) fails to satisfy generally accepted accounting
standards of fiscal management; or
(3) fails to comply with this chapter or another
applicable rule or law.
(b) The commissioner may temporarily withhold funding,
suspend the authority of a public charter district to operate, or
take any other reasonable action the commissioner determines
necessary to protect the health, safety, or welfare of students
enrolled at a district campus based on evidence that conditions at
the district campus present a danger to the health, safety, or
welfare of the students.
(c) After the commissioner acts under Subsection (b), the
public charter district may not receive funding and may not resume
operating until a determination is made that:
(1) despite initial evidence, the conditions at the
district campus do not present a danger of material harm to the
health, safety, or welfare of students; or
(2) the conditions at the district campus that
presented a danger of material harm to the health, safety, or
welfare of students have been corrected.
(d) Not later than the third business day after the date the
commissioner acts under Subsection (b), the commissioner shall
provide the charter holder an opportunity for a hearing. This
subsection does not apply to an action taken by the commissioner
under Chapter 39.
(e) Immediately after a hearing under Subsection (d), the
commissioner must cease the action under Subsection (b) or initiate
action under Section 11A.108.
Sec. 11A.3531. SUPERVISION OF ADMINISTRATION OF CERTAIN
ASSESSMENT INSTRUMENTS. (a) Using funds appropriated for the
Foundation School Program, the commissioner shall reduce the total
amount of state funds allocated to each district from any source in
the same manner described for a reduction in allotments under
Section 42.313 and adopt and implement a program for supervising
the administration of assessment instruments under Section 39.023
during the 2005-2006 school year at an open-enrollment charter
school, other than a school operated by an entity described by
Section 11A.1041(a)(2), (3), or (4), at which less than 25 percent
of all students enrolled at the school and administered an
assessment instrument under Section 39.023(a), (c), or (l)
performed satisfactorily on:
(1) the assessment instrument in mathematics, as
determined by the school's assessment instrument results for the
2004-2005 school year; or
(2) the assessment instrument in reading or English
language arts, as applicable, as determined by the school's
assessment instrument results for the 2004-2005 school year.
(b) The program adopted under Subsection (a) must be
designed to:
(1) ensure that the location at which an assessment
instrument is administered is secure and under the supervision of
persons who do not have any interest in the results of the
assessment instrument; and
(2) provide direct supervision of:
(A) the transportation of the assessment
instrument materials to and from the location at which the
instrument is administered; and
(B) the administration of the assessment
instrument to students.
(c) The commissioner may adopt rules necessary to
administer this section and may take any action that the
commissioner determines necessary to ensure the integrity of the
results of an assessment instrument administered at an
open-enrollment charter school described by Subsection (a).
(d) After deducting the amount withheld under Subsection
(a) from the total amount appropriated for the Foundation School
Program, the commissioner shall reduce the total amount of state
funds allocated to each district from any source in the same manner
described for a reduction in allotments under Section 42.313.
(e) An open-enrollment charter school's failure to fully
cooperate with the commissioner under this section is sufficient
grounds for revocation of the district's charter, as determined by
the commissioner.
(f) This section expires September 1, 2006.
Sec. 11A.354. CONSULTATION WITH CHARTER HOLDERS. The
commissioner shall periodically consult with representatives of
charter holders regarding the duties and mission of the agency
relating to the operation of public charter districts. The
commissioner shall determine the frequency of the consultations.
Sec. 11A.355. EFFECT ON COMMISSIONER'S AUTHORITY. Nothing
in this chapter may be construed to limit the commissioner's
authority under Chapter 39.
Sec. 11A.356. RULES. The commissioner may adopt rules for
the administration of this chapter.
[Sections 11A.357-11A.400 reserved for expansion]
SUBCHAPTER I. BLUE RIBBON CHARTER CAMPUS PILOT PROGRAM
Sec. 11A.401. AUTHORIZATION. (a) In this section,
"eligible entity" means an organization that is exempt from
taxation under Section 501(a), Internal Revenue Code of 1986, as an
organization described by Section 501(c)(3) of that code.
(b) In accordance with this subchapter, the commissioner
may authorize not more than three charter holders to grant a charter
to an eligible entity to operate a blue ribbon charter campus if:
(1) the charter holder proposes to grant the blue
ribbon charter to replicate a distinctive education program;
(2) the charter holder has demonstrated the ability to
replicate the education program;
(3) the education program has been implemented by the
charter holder for at least seven school years; and
(4) the charter school in which the charter holder has
implemented the program has been rated recognized or exemplary
under Section 39.072 for at least five school years.
(b-1) An eligible entity that assumed operation of an
existing charter school program during the seven years preceding
the proposed authorization under Subsection (b) may be authorized
to grant a blue ribbon charter under Subsection (b) if:
(1) the performance level of the program at a campus
before and after the entity assumed operation of the program meets
the qualifications described by Subsection (b); and
(2) the entity has met the qualifications described by
Subsection (b) since assuming operation of the program.
(c) A charter holder may grant a blue ribbon charter only to
an applicant that meets any financial, governing, and operational
standards adopted by the commissioner under this subchapter.
(d) A charter holder may grant not more than two blue ribbon
charters under this subchapter.
Sec. 11A.402. APPLICABILITY OF CERTAIN LAWS. (a) A blue
ribbon charter campus is considered a public charter district
campus for purposes of state and federal law.
(b) A blue ribbon charter granted under this subchapter is
not considered for purposes of the limit on the number of public
charter districts imposed by Section 11A.002.
Sec. 11A.403. RELATIONSHIP BETWEEN CHARTER HOLDER AND BLUE
RIBBON CHARTER CAMPUS. (a) The governing body of the public
charter district authorizing a blue ribbon charter is responsible
for the management and operation of the campus operated under a
blue ribbon charter. A blue ribbon charter campus is subject to the
rules and policies of the governing body of the charter holder that
granted the blue ribbon charter.
(b) For purposes of academic and financial accountability
and all other purposes under this chapter and Chapter 39, a blue
ribbon charter campus is considered a campus of the public charter
district operated by the charter holder that granted the blue
ribbon charter.
(c) A charter holder is entitled to receive funding for a
blue ribbon charter campus as if the blue ribbon charter campus were
a campus of the public charter district operated by the charter
holder.
Sec. 11A.404. APPLICATION FOR AUTHORIZATION. (a) The
commissioner by rule shall adopt an application form and procedures
for a charter holder to apply for authorization to grant a blue
ribbon charter to an eligible entity under this subchapter.
(b) The application must specify:
(1) the criteria that will be used to grant blue ribbon
charters;
(2) procedures for governance and management of
campuses operating under a blue ribbon charter; and
(3) the performance standard by which continuation of
a blue ribbon charter will be determined.
(c) A determination by the commissioner regarding an
application under this section is final and may not be appealed.
Sec. 11A.405. REVOCATION OF AUTHORIZATION. (a) The
commissioner may revoke a charter holder's authorization to grant a
blue ribbon charter or operate a campus granted a blue ribbon
charter if the commissioner determines that the purposes of this
subchapter are not being satisfied.
(b) On revocation of a charter holder's authority under this
section, the charter holder shall:
(1) operate a campus granted a blue ribbon charter as a
standard campus of the charter holder under this chapter; or
(2) close the campus effective at the end of the school
year in which the commissioner revokes the authorization.
Sec. 11A.406. CONTENT. (a) Each blue ribbon charter
granted under this subchapter must:
(1) describe the educational program to be offered,
which may be a general or specialized education program;
(2) provide that continuation of the charter is
contingent on satisfactory student performance under Subchapter B,
Chapter 39, and on compliance with other applicable accountability
provisions under Chapter 39;
(3) specify any basis, in addition to a basis
specified by this subchapter, on which the charter may be placed on
probation or revoked;
(4) prohibit discrimination in admission on the basis
of national origin, ethnicity, race, religion, or disability;
(5) describe the governing structure of the blue
ribbon charter campus;
(6) specify any procedure or requirement, in addition
to those under Chapter 38, that the campus will follow to ensure the
health and safety of students and employees; and
(7) describe the manner in which the campus and
charter holder granting the blue ribbon charter will comply with
financial and operational requirements, including requirements
related to the Public Education Information Management System
(PEIMS) under Section 11A.158 and the audit requirements under
Section 11A.210.
(b) A charter holder may reserve the right to approve
contracts, governance alterations, personnel decisions, and other
matters affecting the operation of the blue ribbon charter campus.
(c) A blue ribbon charter must specify the basis and
procedure to be used by the charter holder for placing the blue
ribbon charter campus on probation or revoking the charter, which
must include an opportunity for an informal review of the blue
ribbon charter campus and governing body of the campus by the
charter holder. A charter holder's decision to place on probation
or revoke a blue ribbon charter is final and may not be appealed.
Sec. 11A.407. FORM. A blue ribbon charter issued under this
subchapter must be in the form and substance of a written contract
signed by the president or equivalent officer of the governing body
of the charter holder granting the blue ribbon charter and the
president or equivalent officer of the governing body of the
eligible entity to which the blue ribbon charter is granted.
Sec. 11A.408. REVISION. A blue ribbon charter granted
under this subchapter may be revised with the approval of the
charter holder that granted the charter.
[Sections 11A.409-11A.450 reserved for expansion]
SUBCHAPTER J. RECEIVERSHIP FOR CERTAIN OPEN-ENROLLMENT CHARTER
SCHOOLS
Sec. 11A.451. DEFINITIONS. In this subchapter:
(1) "Assets" means:
(A) public funds, as determined under Section
12.107, as that section existed on January 1, 2005; and
(B) public property, as determined under Section
12.128, as that section existed on January 1, 2005.
(2) "Records" means government records, as determined
under Section 12.1052, as that section existed on January 1, 2005.
Sec. 11A.452. APPLICABILITY. The commissioner shall
appoint a receiver under this subchapter for each open-enrollment
charter school that on June 1, 2005, was operating under a charter
issued under Subchapter D, Chapter 12, as that subchapter existed
on January 1, 2005, and:
(1) is not authorized to operate as a public charter
district under this chapter; or
(2) elects not to operate as a public charter district
under this chapter.
Sec. 11A.453. APPOINTMENT OF RECEIVER; BOND REQUIRED. (a)
The commissioner shall appoint a receiver to protect the assets and
direct the dissolution of open-enrollment charter schools subject
to this subchapter.
(b) The receiver shall execute a bond in an amount set by the
commissioner to ensure the proper performance of the receiver's
duties.
(c) Until discharged by the commissioner, the receiver
shall perform the duties that the commissioner directs to preserve
the assets and direct the dissolution of the open-enrollment
charter school under this subchapter.
Sec. 11A.454. POWERS AND DUTIES OF RECEIVER. (a) After
appointment and execution of bond under Section 11A.453, the
receiver shall take possession of:
(1) assets and records in the possession of the
open-enrollment charter school specified by the commissioner; and
(2) any Foundation School Program funds and any other
public funds received by the school's charter holder.
(b) On request of the receiver, the attorney general shall
file a suit for attachment, garnishment, or involuntary bankruptcy
and take any other action necessary for the dissolution of an
open-enrollment charter school under this subchapter.
(c) If the charter holder of an open-enrollment charter
school or an officer or employee of such a school refuses to
transfer school assets or records to a receiver under this
subsection, the receiver may ask the attorney general to petition a
court for recovery of the assets or records. If the court grants
the petition, the court shall award attorney's fees and court costs
to the state.
(d) A record described by this section is a public school
record for purposes of Section 37.10(c)(2), Penal Code.
Sec. 11A.455. DISPOSITION OF ASSETS. (a) A receiver shall
wind up the affairs of an open-enrollment charter school and,
except as provided by Subsection (b), reduce its assets to cash for
the purpose of discharging all existing liabilities and obligations
of the school. In winding up the affairs of a school, the receiver
shall cooperate in any bankruptcy proceeding affecting the school.
The receiver shall distribute any remaining balance to the
commissioner.
(b) A receiver shall offer free of charge any equipment and
supplies of an open-enrollment charter school dissolved under this
subchapter to school districts, giving priority to districts based
on the percentage of the charter school's students that reside in
the districts.
(c) The commissioner shall use money in the foundation
school fund and money received under this section to pay the costs
described by Section 11A.458 and discharge liabilities and
obligations of open-enrollment charter schools under this
subchapter. The commissioner shall deposit any remaining balance
in the foundation school fund.
Sec. 11A.456. DISPOSITION OF RECORDS. (a) The records of
an open-enrollment charter school subject to this subchapter shall
be transferred in the manner specified by the commissioner to a
custodian designated by the commissioner. The commissioner may
designate any appropriate entity to serve as custodian of records,
including the agency, a regional education service center, or a
school district. In designating a custodian, the commissioner
shall ensure that the transferred records, including student and
personnel records, are transferred to a custodian capable of:
(1) maintaining the records;
(2) making the records readily accessible to students,
parents, former school employees, and other persons entitled to
access; and
(3) complying with applicable state or federal law
restricting access to the records.
(b) The commissioner is entitled to access to any records
transferred to a custodian under this section as the commissioner
determines necessary for auditing, investigative, or monitoring
purposes.
Sec. 11A.457. LIABILITY. A receiver is not personally
liable for actions taken by the receiver under this subchapter.
Sec. 11A.458. COSTS OF RECEIVERSHIP. The commissioner may
authorize reimbursement of reasonable costs related to the
receivership, including:
(1) payment of fees to the receiver for the receiver's
services; and
(2) payment of fees to attorneys, accountants, or any
other person that provides goods or services necessary to the
operation of the receivership.
Sec. 11A.459. EXEMPTION FROM COMPETITIVE BIDDING. The
competitive bidding requirements of this code and the contracting
requirements of Chapter 2155, Government Code, do not apply to the
appointment of a receiver, attorney, accountant, or other person
appointed under this subchapter.
SECTION 4.03. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.1058 to read as follows:
Sec. 12.1058. APPLICABILITY OF PUBLIC CHARTER DISTRICT
PROVISIONS. (a) An open-enrollment charter school is subject to
Sections 11A.201, 11A.204, 11A.205, 11A.206, 11A.210, 11A.303,
11A.304, 11A.352, 21.0032, and 21.058.
(b) The commissioner may bring an action for injunctive or
other relief as provided by Section 11A.203(d) to enforce Section
12.107.
(c) For purposes of this section, a reference in a law
described by this section to a public charter district means an
open-enrollment charter school.
SECTION 4.04. Sections 12.152 and 12.156, Education Code,
are amended to read as follows:
Sec. 12.152. AUTHORIZATION. [(a)] In accordance with this
subchapter and Chapter 11A [Subchapter D], the State Board of
Education may grant a charter on the application of a public senior
college or university for a public [an open-enrollment] charter
district [school] to operate on the campus of the public senior
college or university or in the same county in which the campus of
the public senior college or university is located.
Sec. 12.156. APPLICABILITY OF CERTAIN PROVISIONS. (a)
Except as otherwise provided by this subchapter, Chapter 11A
[Subchapter D] applies to a college or university charter school as
though the college or university charter school were granted a
charter under that chapter [subchapter].
(b) A charter granted under this subchapter is not
considered for purposes of the limit on the number of public
[open-enrollment] charter districts [schools] imposed by Section
11A.002 [12.101(b)].
(c) A college or university charter school is not subject to
a prohibition, restriction, or requirement relating to:
(1) open meetings and public information under Section
11A.053;
(2) maintenance of records under Section 11A.054;
(3) purchasing and contracting under Section 11A.055;
(4) conflict of interest under Section 11A.056;
(5) nepotism under Section 11A.057;
(6) composition of a governing body under Section
11A.152;
(7) restrictions on serving as a member of a governing
body or as an officer or employee under Section 11A.153;
(8) liability of members of a governing body under
Section 11A.154;
(9) training for members of a governing body under
Section 11A.155;
(10) bylaws and annual reports under Section 11A.156;
(11) quarterly financial reports under Section
11A.157; and
(12) depository bond and security requirements under
Section 11A.204.
(d) A college or university charter school and the governing
body of the school are subject to regulations and procedures that
govern a public senior college or university relating to open
meetings, records retention, purchasing, contracting, conflicts of
interest, and nepotism.
SECTION 4.05. Section 5.001, Education Code, is amended by
adding Subdivision (5-a) and amending Subdivision (6) to read as
follows:
(5-a) "Public charter campus" means a campus operated
by a public charter district.
(6) "Public charter district [Open-enrollment charter
school]" means a public school authorized by [that has been
granted] a charter under Chapter 11A [Subchapter D, Chapter 12].
SECTION 4.06. Section 7.003, Education Code, is amended to
read as follows:
Sec. 7.003. LIMITATION ON AUTHORITY. An educational
function not specifically delegated to the agency or the board
under this code is reserved to and shall be performed by school
districts or [open-enrollment] charter schools.
SECTION 4.07. Section 7.055(b)(17), Education Code, is
amended to read as follows:
(17) The commissioner shall distribute funds to public
charter districts [open-enrollment charter schools] as required
under Chapter 11A [Subchapter D, Chapter 12].
SECTION 4.08. Section 7.102(c)(9), Education Code, is
amended to read as follows:
(9) The board may grant a charter for a public charter
district [an open-enrollment charter or approve a charter revision]
as provided by Chapter 11A [Subchapter D, Chapter 12].
SECTION 4.09. Section 12.002, Education Code, is amended to
read as follows:
Sec. 12.002. CLASSES OF CHARTER. The classes of charter
under this chapter are:
(1) a home-rule school district charter as provided by
Subchapter B;
(2) a campus or campus program charter as provided by
Subchapter C; or
(3) a college or university [an open-enrollment]
charter as provided by Subchapter E [D].
SECTION 4.10. Subchapter A, Chapter 21, Education Code, is
amended by adding Section 21.0032 to read as follows:
Sec. 21.0032. CLEARANCE REQUIRED FOR CERTAIN PUBLIC CHARTER
DISTRICT PERSONNEL; APPEAL. (a) A person may not be employed by or
serve as a teacher, teacher intern or teacher trainee, librarian,
educational aide, administrator, educational diagnostician, or
counselor for a public charter district unless the person has been
cleared by the agency following a national criminal history record
review and investigation under this section.
(b) Before or immediately after employing or securing the
services of a person described by Subsection (a), a public charter
district shall send to the agency the person's fingerprints and
social security number. The person may be employed or serve pending
action by the agency.
(c) The agency shall review and investigate the person's
national criminal history record information, educator
certification discipline history in any state, and other
information in the same manner as a review or investigation
conducted regarding an initial application for educator
certification. If the agency finds the person would not be eligible
for educator certification, the agency shall notify the public
charter district in writing that the person may not be employed or
serve in a capacity described by Subsection (a).
(d) On receipt of written notice under Subsection (c), a
public charter district may not employ or permit the person to serve
unless the person timely submits a written appeal under this
section. The agency shall conduct an appeal under this subsection
in the same manner as an appeal regarding the denial of an initial
application for educator certification.
SECTION 4.11. Sections 21.058(b) and (c), Education Code,
are amended to read as follows:
(b) Notwithstanding Section 21.041(b)(7), not later than
the fifth day after the date the board receives notice under Article
42.018, Code of Criminal Procedure, of the conviction of a person
described by Section 21.0032 or who holds a certificate under this
subchapter, the board shall:
(1) revoke the certificate or clearance held by the
person; and
(2) provide to the person and to any school district or
public charter district [open-enrollment charter school] employing
the person at the time of revocation written notice of:
(A) the revocation; and
(B) the basis for the revocation.
(c) A school district or public charter district
[open-enrollment charter school] that receives notice under
Subsection (b) of the revocation of a certificate issued under this
subchapter shall:
(1) immediately remove the person whose certificate
has been revoked from campus or from an administrative office, as
applicable, to prevent the person from having any contact with a
student; and
(2) as soon as practicable, terminate the employment
of the person in accordance with the person's contract and with this
subchapter.
SECTION 4.12. Sections 22.083(b) and (c), Education Code,
are amended to read as follows:
(b) A public charter district may [An open-enrollment
charter school shall] obtain from the Department of Public Safety
[any law enforcement or criminal justice agency] all criminal
history record information that relates to:
(1) a person whom the district [school] intends to
employ in any capacity; or
(2) a person who has indicated, in writing, an
intention to serve as a volunteer with the district [school].
(c) A school district, public charter district
[open-enrollment charter school], private school, regional
education service center, or shared services arrangement may obtain
from a federal or state [any] law enforcement or criminal justice
agency all criminal history record information that relates to:
(1) a volunteer or employee of the district, school,
service center, or shared services arrangement; or
(2) an employee of or applicant for employment by a
person that contracts with the district, school, service center, or
shared services arrangement to provide services, if:
(A) the employee or applicant has or will have
continuing duties related to the contracted services; and
(B) the duties are or will be performed on school
property or at another location where students are regularly
present.
SECTION 4.13. Section 22.084, Education Code, is amended to
read as follows:
Sec. 22.084. ACCESS TO CRIMINAL HISTORY RECORDS OF SCHOOL
BUS DRIVERS, BUS MONITORS, AND BUS AIDES. (a) Except as provided
by Subsections (c) and (d), a school district, public charter
district [open-enrollment charter school], private school,
regional education service center, or shared services arrangement
that contracts with a person for transportation services shall
obtain from the Department of Public Safety [any law enforcement or
criminal justice agency] all criminal history record information
that relates to:
(1) a person employed by the person as a bus driver; or
(2) a person the person intends to employ as a bus
driver.
(b) Except as provided by Subsections (c) and (d), a person
that contracts with a school district, public charter district
[open-enrollment charter school], private school, regional
education service center, or shared services arrangement to provide
transportation services shall submit to the district, school,
service center, or shared services arrangement the name and other
identification data required to obtain criminal history record
information of each person described by Subsection (a). If the
district, school, service center, or shared services arrangement
obtains information that a person described by Subsection (a) has
been convicted of a felony or a misdemeanor involving moral
turpitude, the district, school, service center, or shared services
arrangement shall inform the chief personnel officer of the person
with whom the district, school, service center, or shared services
arrangement has contracted, and the person may not employ that
person to drive a bus on which students are transported without the
permission of the board of trustees of the district or service
center, the governing body of the public charter district
[open-enrollment charter school], or the chief executive officer of
the private school or shared services arrangement.
(c) A commercial transportation company that contracts with
a school district, public charter district [open-enrollment
charter school], private school, regional education service
center, or shared services arrangement to provide transportation
services may obtain from a federal or state [any] law enforcement or
criminal justice agency all criminal history record information
that relates to:
(1) a person employed by the commercial transportation
company as a bus driver, bus monitor, or bus aide; or
(2) a person the commercial transportation company
intends to employ as a bus driver, bus monitor, or bus aide.
(d) If the commercial transportation company obtains
information that a person employed or to be employed by the company
has been convicted of a felony or a misdemeanor involving moral
turpitude, the company may not employ that person to drive or to
serve as a bus monitor or bus aide on a bus on which students are
transported without the permission of the board of trustees of the
district or service center, the governing body of the public
charter district [open-enrollment charter school], or the chief
executive officer of the private school or shared services
arrangement. Subsections (a) and (b) do not apply if information is
obtained as provided by Subsection (c).
SECTION 4.14. Section 25.087, Education Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) A school district shall excuse a student from attending
school for:
(1) the following purposes, including travel for those
purposes:
(A) [purpose of] observing religious holy days;
(B) appearing at a governmental office to
complete paperwork required in connection with the student's
application for United States citizenship or to take part in a
naturalization oath ceremony;
(C) attending an appointment with the student's
probation officer;
(D) attending an adoption proceeding involving
the student; or
(E) attending a required court appearance; or
(2) a [, including traveling for that purpose. A
school district shall excuse a student for] temporary absence
resulting from health care professionals if that student commences
classes or returns to school on the same day of the appointment.
(c) A student whose absence is excused under Subsection (b)
[this subsection] may not be penalized for that absence and shall be
counted as if the student attended school for purposes of
calculating the average daily attendance of students in the school
district. A student whose absence is excused under Subsection (b)
[this subsection] shall be allowed a reasonable time to make up
school work missed on those days. If the student satisfactorily
completes the school work, the day of absence shall be counted as a
day of compulsory attendance.
SECTION 4.15. Section 25.088, Education Code, is amended to
read as follows:
Sec. 25.088. SCHOOL ATTENDANCE OFFICER. The school
attendance officer may be selected by:
(1) the county school trustees of any county;
(2) the board of trustees of any school district or the
boards of trustees of two or more school districts jointly; or
(3) the governing body of a public charter district
[an open-enrollment charter school].
SECTION 4.16. Section 25.089(a), Education Code, is amended
to read as follows:
(a) An attendance officer may be compensated from the funds
of the county, independent school district, or public charter
district [open-enrollment charter school], as applicable.
SECTION 4.17. Section 25.090(b), Education Code, is amended
to read as follows:
(b) If the governing body of a public charter district [an
open-enrollment charter school] has not selected an attendance
officer for a district campus, the duties of attendance officer
shall be performed by the peace officers of the county in which the
campus [school] is located.
SECTION 4.18. Sections 25.093(d) and (e), Education Code,
are amended to read as follows:
(d) A fine collected under this section shall be deposited
as follows:
(1) one-half shall be deposited to the credit of the
operating fund of, as applicable:
(A) the school district in which the child
attends school;
(B) the public charter district [open-enrollment
charter school] the child attends; or
(C) the juvenile justice alternative education
program that the child has been ordered to attend; and
(2) one-half shall be deposited to the credit of:
(A) the general fund of the county, if the
complaint is filed in the justice court or the constitutional
county court; or
(B) the general fund of the municipality, if the
complaint is filed in municipal court.
(e) At the trial of any person charged with violating this
section, the attendance records of the child may be presented in
court by any authorized employee of the school district or public
charter district [open-enrollment charter school], as applicable.
SECTION 4.19. Sections 25.095(a) and (b), Education Code,
are amended to read as follows:
(a) A school district or public charter district
[open-enrollment charter school] shall notify a student's parent in
writing at the beginning of the school year that if the student is
absent from school on 10 or more days or parts of days within a
six-month period in the same school year or on three or more days or
parts of days within a four-week period:
(1) the student's parent is subject to prosecution
under Section 25.093; and
(2) the student is subject to prosecution under
Section 25.094 or to referral to a juvenile court in a county with a
population of less than 100,000 for conduct that violates that
section.
(b) A school district or public charter district shall
notify a student's parent if the student has been absent from
school, without excuse under Section 25.087, on three days or parts
of days within a four-week period. The notice must:
(1) inform the parent that:
(A) it is the parent's duty to monitor the
student's school attendance and require the student to attend
school; and
(B) the parent is subject to prosecution under
Section 25.093; and
(2) request a conference between school officials and
the parent to discuss the absences.
SECTION 4.20. Section 25.0951(a), Education Code, as
amended by H.B. No. 1575, Acts of the 79th Legislature, Regular
Session, 2005, is amended to read as follows:
(a) If a student fails to attend school without excuse on 10
or more days or parts of days within a six-month period in the same
school year, a school district or public charter district shall
within seven school days of the student's last absence:
(1) file a complaint against the student or the
student's parent or both in a county, justice, or municipal court
for an offense under Section 25.093 or 25.094, as appropriate, or
refer the student to a juvenile court in a county with a population
of less than 100,000 for conduct that violates Section 25.094; or
(2) refer the student to a juvenile court for conduct
indicating a need for supervision under Section 51.03(b)(2), Family
Code.
SECTION 4.21. Section 25.0951(b), Education Code, is
amended to read as follows:
(b) If a student fails to attend school without excuse on
three or more days or parts of days within a four-week period but
does not fail to attend school for the time described by Subsection
(a), the school district or public charter district may:
(1) file a complaint against the student or the
student's parent or both in a county, justice, or municipal court
for an offense under Section 25.093 or 25.094, as appropriate, or
refer the student to a juvenile court in a county with a population
of less than 100,000 for conduct that violates Section 25.094; or
(2) refer the student to a juvenile court for conduct
indicating a need for supervision under Section 51.03(b)(2), Family
Code.
SECTION 4.22. Sections 26.0085(a), (c), (d), and (e),
Education Code, are amended to read as follows:
(a) A school district or public charter district
[open-enrollment charter school] that seeks to withhold
information from a parent who has requested public information
relating to the parent's child under Chapter 552, Government Code,
and that files suit as described by Section 552.324, Government
Code, to challenge a decision by the attorney general issued under
Subchapter G, Chapter 552, Government Code, must bring the suit not
later than the 30th calendar day after the date the school district
or public charter district [open-enrollment charter school]
receives the decision of the attorney general being challenged.
(c) Notwithstanding any other law, a school district or
public charter district [open-enrollment charter school] may not
appeal the decision of a court in a suit filed under Subsection (a).
This subsection does not affect the right of a parent to appeal the
decision.
(d) If the school district or public charter district
[open-enrollment charter school] does not bring suit within the
period established by Subsection (a), the school district or public
charter district [open-enrollment charter school] shall comply
with the decision of the attorney general.
(e) A school district or public charter district
[open-enrollment charter school] that receives a request from a
parent for public information relating to the parent's child shall
comply with Chapter 552, Government Code. If an earlier deadline
for bringing suit is established under Chapter 552, Government
Code, Subsection (a) does not apply. This section does not affect
the earlier deadline for purposes of Section 552.353(b)(3),
Government Code, [532.353(b)(3)] for a suit brought by an officer
for public information.
SECTION 4.23. Section 28.0211(j), Education Code, is
amended to read as follows:
(j) A school district [or open-enrollment charter school]
shall provide students required to attend accelerated programs
under this section with transportation to those programs if the
programs occur outside of regular school hours.
SECTION 4.24. Section 29.010(f), Education Code, is amended
to read as follows:
(f) This section does not create an obligation for or impose
a requirement on a school district [or open-enrollment charter
school] that is not also created or imposed under another state law
or a federal law.
SECTION 4.25. Sections 29.012(a) and (c), Education Code,
are amended to read as follows:
(a) Except as provided by Subsection (b)(2), not later than
the third day after the date a person 22 years of age or younger is
placed in a residential facility, the residential facility shall:
(1) if the person is three years of age or older,
notify the school district in which the facility is located, unless
the facility is a public charter district [an open-enrollment
charter school]; or
(2) if the person is younger than three years of age,
notify a local early intervention program in the area in which the
facility is located.
(c) For purposes of enrollment in a school, a person who
resides in a residential facility is considered a resident of the
school district or geographical area served by the public charter
district campus [open-enrollment charter school] in which the
facility is located.
SECTION 4.26. Sections 29.062(c)-(e), Education Code, are
amended to read as follows:
(c) Not later than the 30th day after the date of an on-site
monitoring inspection, the agency shall report its findings to the
school district [or open-enrollment charter school] and to the
division of accreditation.
(d) The agency shall notify a school district [or
open-enrollment charter school] found in noncompliance in writing,
not later than the 30th day after the date of the on-site
monitoring. The district [or open-enrollment charter school] shall
take immediate corrective action.
(e) If a school district [or open-enrollment charter
school] fails to satisfy appropriate standards adopted by the
commissioner for purposes of Subsection (a), the agency shall apply
sanctions, which may include the removal of accreditation, loss of
foundation school funds, or both.
SECTION 4.27. Sections 29.087(a)-(c), (e), (k), and (l),
Education Code, are amended to read as follows:
(a) The agency shall develop a process by which a school
district or public charter district [open-enrollment charter
school] may apply to the commissioner for authority to operate a
program to prepare eligible students to take a high school
equivalency examination.
(b) Any school district or public charter district
[open-enrollment charter school] may apply for authorization to
operate a program under this section. As part of the application
process, the commissioner shall require a school district or public
charter district [or school] to provide information regarding the
operation of any similar program during the preceding five years.
(b-1) A school district or public charter district
[open-enrollment charter school] authorized by the commissioner on
or before August 31, 2003, to operate a program under this section
may continue to operate that program in accordance with this
section.
(c) A school district or public charter district
[open-enrollment charter school] may not increase enrollment of
students in a program authorized by this section by more than five
percent of the number of students enrolled in the similar program
operated by the school district or public charter district [or
school] during the 2000-2001 school year.
(e) A school district or public charter district
[open-enrollment charter school] shall inform each student who has
completed a program authorized by this section of the time and place
at which the student may take the high school equivalency
examination. Notwithstanding any provision of this section, a
student may not take the high school equivalency examination except
as authorized by Section 7.111.
(k) The board of trustees of a school district or the
governing body [board] of a public charter district [an
open-enrollment charter school] shall:
(1) hold a public hearing concerning the proposed
application of the school district or public charter district [or
school] before applying to operate a program authorized by this
section; and
(2) subsequently hold a public hearing annually to
review the performance of the program.
(l) The commissioner may revoke a school district's or
public charter district's [open-enrollment charter school's]
authorization under this section after consideration of relevant
factors, including performance of students participating in the
school district's or public charter district's [or school's]
program on assessment instruments required under Chapter 39, the
percentage of students participating in the school district's or
public charter district's [or school's] program who complete the
program and perform successfully on the high school equivalency
examination, and other criteria adopted by the commissioner. A
decision by the commissioner under this subsection is final and may
not be appealed.
SECTION 4.28. Sections 29.155(a)-(d), (i), and (j),
Education Code, are amended to read as follows:
(a) From amounts appropriated for the purposes of this
section, the commissioner may make grants to school districts and
public charter districts [open-enrollment charter schools] to
implement or expand kindergarten and prekindergarten programs by:
(1) operating an existing half-day kindergarten or
prekindergarten program on a full-day basis; or
(2) implementing a prekindergarten program at a campus
that does not have a prekindergarten program.
(b) A school district or public charter district
[open-enrollment charter school] may use funds received under this
section to employ teachers and other personnel for a kindergarten
or prekindergarten program and acquire curriculum materials or
equipment, including computers, for use in kindergarten and
prekindergarten programs.
(c) To be eligible for a grant under this section, a school
district or public charter district [open-enrollment charter
school] must apply to the commissioner in the manner and within the
time prescribed by the commissioner.
(d) In awarding grants under this section, the commissioner
shall give priority to districts and public charter districts
[open-enrollment charter schools] in which the level of performance
of students on the assessment instruments administered under
Section 39.023 to students in grade three is substantially below
the average level of performance on those assessment instruments
for all school districts in the state.
(i) In carrying out the purposes of Subsection (g), a school
district or public charter district [open-enrollment charter
school] may use funds granted to the school district or public
charter district [or school] under this section [subsection] in
contracting with another entity, including a private entity.
(j) If a school district or public charter district
[open-enrollment charter school] returns to the commissioner funds
granted under this section, the commissioner may grant those funds
to another entity, including a private entity, for the purposes of
Subsection (g).
SECTION 4.29. Section 29.905(b), Education Code, is amended
to read as follows:
(b) The agency shall make the program available to a school
on the request of the board of trustees of [or] the school district
of which the school is a part, or if the school is a public charter
district [an open-enrollment charter school], on the request of the
governing body of the public charter district [school].
SECTION 4.30. Subchapter C, Chapter 32, Education Code, is
amended by adding Section 32.1011 to read as follows:
Sec. 32.1011. APPLICABILITY TO PUBLIC CHARTER DISTRICTS.
This subchapter applies to a public charter district as if the
public charter district were a school district.
SECTION 4.31. Section 32.102, Education Code, is amended to
read as follows:
Sec. 32.102. AUTHORITY. (a) As provided by this
subchapter, a school district [or open-enrollment charter school]
may transfer to a student enrolled in the district [or school]:
(1) any data processing equipment donated to the
district [or school], including equipment donated by:
(A) a private donor; or
(B) a state eleemosynary institution or a state
agency under Section 2175.128, Government Code;
(2) any equipment purchased by the district [or
school], to the extent consistent with Section 32.105; and
(3) any surplus or salvage equipment owned by the
district [or school].
(b) A school district [or open-enrollment charter school]
may accept:
(1) donations of data processing equipment for
transfer under this subchapter; and
(2) any gifts, grants, or donations of money or
services to purchase, refurbish, or repair data processing
equipment under this subchapter.
SECTION 4.32. Section 32.103, Education Code, is amended to
read as follows:
Sec. 32.103. ELIGIBILITY; PREFERENCE. (a) A student is
eligible to receive data processing equipment under this subchapter
only if the student does not otherwise have home access to data
processing equipment, as determined by the student's school
district [or open-enrollment charter school].
(b) In transferring data processing equipment to students,
a school district [or open-enrollment charter school] shall give
preference to educationally disadvantaged students.
SECTION 4.33. Section 32.104, Education Code, is amended to
read as follows:
Sec. 32.104. REQUIREMENTS FOR TRANSFER. Before
transferring data processing equipment to a student, a school
district [or open-enrollment charter school] must:
(1) adopt rules governing transfers under this
subchapter, including provisions for technical assistance to the
student by the district [or school];
(2) determine that the transfer serves a public
purpose and benefits the district [or school]; and
(3) remove from the equipment any offensive,
confidential, or proprietary information, as determined by the
district [or school].
SECTION 4.34. Section 32.105, Education Code, is amended to
read as follows:
Sec. 32.105. EXPENDITURE OF PUBLIC FUNDS. A school
district [or open-enrollment charter school] may spend public funds
to:
(1) purchase, refurbish, or repair any data processing
equipment transferred to a student under this subchapter; and
(2) store, transport, or transfer data processing
equipment under this subchapter.
SECTION 4.35. Section 32.106, Education Code, is amended to
read as follows:
Sec. 32.106. RETURN OF EQUIPMENT. (a) Except as provided
by Subsection (b), a student who receives data processing equipment
from a school district [or open-enrollment charter school] under
this subchapter shall return the equipment to the district [or
school] not later than the earliest of:
(1) five years after the date the student receives the
equipment;
(2) the date the student graduates;
(3) the date the student transfers to another school
district [or open-enrollment charter school]; or
(4) the date the student withdraws from school.
(b) Subsection (a) does not apply if, at the time the
student is required to return the data processing equipment under
that subsection, the district [or school] determines that the
equipment has no marketable value.
SECTION 4.36. Section 33.007, Education Code, is amended to
read as follows:
Sec. 33.007. COUNSELING REGARDING HIGHER EDUCATION. (a)
Each counselor at an elementary, middle, or junior high school,
including a public charter district [an open-enrollment charter
school] offering those grades, shall advise students and their
parents or guardians regarding the importance of higher education,
coursework designed to prepare students for higher education, and
financial aid availability and requirements.
(b) During the first school year a student is enrolled in a
high school or at the high school level in a public charter district
[an open-enrollment charter school], and again during a student's
senior year, a counselor shall provide information about higher
education to the student and the student's parent or guardian. The
information must include information regarding:
(1) the importance of higher education;
(2) the advantages of completing the recommended or
advanced high school program adopted under Section 28.025(a);
(3) the disadvantages of taking courses to prepare for
a high school equivalency examination relative to the benefits of
taking courses leading to a high school diploma;
(4) financial aid eligibility;
(5) instruction on how to apply for federal financial
aid;
(6) the center for financial aid information
established under Section 61.0776;
(7) the automatic admission of certain students to
general academic teaching institutions as provided by Section
51.803; and
(8) the eligibility and academic performance
requirements for the TEXAS Grant as provided by Subchapter M,
Chapter 56[, as added by Chapter 1590, Acts of the 76th Legislature,
Regular Session, 1999].
SECTION 4.37. Section 33.901, Education Code, is amended to
read as follows:
Sec. 33.901. BREAKFAST PROGRAMS. If at least 10 percent of
the students enrolled in one or more schools in a school district or
enrolled in a public charter district campus [an open-enrollment
charter school] are eligible for free or reduced-price breakfasts
under the national school breakfast program provided for by the
Child Nutrition Act of 1966 (42 U.S.C. Section 1773), the governing
body of the district or the public charter district
[open-enrollment charter school] shall participate in the program
and make the benefits of the program available to all eligible
students in the schools or campus [school].
SECTION 4.38. Section 37.007(e), Education Code, is amended
to read as follows:
(e) In accordance with 20 U.S.C. Section 7151, a local
educational agency, including a school district, home-rule school
district, or public charter district [open-enrollment charter
school], shall expel a student who brings a firearm, as defined by
18 U.S.C. Section 921, to school. The student must be expelled from
the student's regular campus for a period of at least one year,
except that:
(1) the superintendent or other chief administrative
officer of the school district or of the other local educational
agency, as defined by 20 U.S.C. Section 7801, may modify the length
of the expulsion in the case of an individual student;
(2) the district or other local educational agency
shall provide educational services to an expelled student in a
disciplinary alternative education program as provided by Section
37.008 if the student is younger than 10 years of age on the date of
expulsion; and
(3) the district or other local educational agency may
provide educational services to an expelled student who is 10 years
of age or older in a disciplinary alternative education program as
provided in Section 37.008.
SECTION 4.39. Section 37.008(j), Education Code, as amended
by H.B. No. 603, Acts of the 79th Legislature, Regular Session,
2005, is amended to read as follows:
(j) If a student placed in a disciplinary alternative
education program enrolls in another school district before the
expiration of the period of placement, the board of trustees of the
district requiring the placement shall provide to the district in
which the student enrolls, at the same time other records of the
student are provided, a copy of the placement order. The district
in which the student enrolls shall inform each educator who will
have responsibility for, or will be under the direction and
supervision of an educator who will have responsibility for, the
instruction of the student of the contents of the placement order.
Each educator shall keep the information received under this
subsection confidential from any person not entitled to the
information under this subsection, except that the educator may
share the information with the student's parent or guardian as
provided for by state or federal law. The district in which the
student enrolls may continue the disciplinary alternative
education program placement under the terms of the order or may
allow the student to attend regular classes without completing the
period of placement. A school district may take any action
permitted by this subsection if:
(1) the student was placed in a disciplinary
alternative education program by a public charter district [an
open-enrollment charter school] under Section 11A.256 [12.131] and
the public charter district [school] provides to the school
district a copy of the placement order; or
(2) the student was placed in a disciplinary
alternative education program by a school district in another state
and:
(A) the out-of-state district provides to the
school district a copy of the placement order; and
(B) the grounds for the placement by the
out-of-state district are grounds for placement in the school
district in which the student is enrolling.
SECTION 4.40. Section 37.022(a)(2), Education Code, as
renumbered by Section 23.001(16), H.B. No. 2018, Acts of the 79th
Legislature, Regular Session, 2005, is amended to read as follows:
(2) "District or school" includes an independent
school district, a home-rule school district, a campus or campus
program charter holder, or a public charter district [an
open-enrollment charter school].
SECTION 4.41. Section 44.008(a), Education Code, is amended
to read as follows:
(a) The board of school trustees of each school district
shall have its school district fiscal accounts audited annually at
district expense by a certified or public accountant holding a
permit from the Texas State Board of Public Accountancy. Except as
determined impracticable by the commissioner, the accountant must
have completed at least one peer-reviewed audit of a school
district, governmental entity, quasi-governmental entity, or
nonprofit corporation and received an unqualified opinion from the
peer review. The audit must be completed following the close of
each fiscal year.
SECTION 4.42. Section 46.012, Education Code, is amended to
read as follows:
Sec. 46.012. APPLICABILITY TO PUBLIC CHARTER DISTRICTS
[OPEN-ENROLLMENT CHARTER SCHOOLS]. A public charter district [An
open-enrollment charter school] is not entitled to an allotment
under this subchapter.
SECTION 4.43. Section 46.036, Education Code, is amended to
read as follows:
Sec. 46.036. APPLICABILITY TO PUBLIC CHARTER DISTRICTS
[OPEN-ENROLLMENT CHARTER SCHOOLS]. A public charter district [An
open-enrollment charter school] is not entitled to an allotment
under this subchapter.
SECTION 4.44. Section 53.02(13), Education Code, is amended
to read as follows:
(13) "Authorized charter school" means a public
charter district [an open-enrollment charter school] that holds a
charter granted under Chapter 11A [Subchapter D, Chapter 12].
SECTION 4.45. The heading to Section 53.351, Education
Code, is amended to read as follows:
Sec. 53.351. BONDS FOR AUTHORIZED [OPEN-ENROLLMENT]
CHARTER SCHOOL FACILITIES.
SECTION 4.46. Sections 53.351(a), (c), (d), (f), and (g),
Education Code, are amended to read as follows:
(a) The Texas Public Finance Authority shall establish a
nonprofit corporation to issue revenue bonds on behalf of
authorized [open-enrollment] charter schools for the acquisition,
construction, repair, or renovation of educational facilities of
those schools.
(c) The corporation has all powers granted under the Texas
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
Texas Civil Statutes) for the purpose of aiding authorized
[open-enrollment] charter schools in providing educational
facilities. The corporation may make expenditures from the fund
described by Subsection (e) and may solicit and accept grants for
deposit into the fund. In addition, Sections 53.131, 53.15, 53.31,
53.32, 53.331, 53.34, 53.35, 53.36(a), and 53.37-53.42 apply to and
govern the corporation and its procedures and bonds.
(d) The corporation shall adopt rules governing the
issuance of bonds on behalf of an authorized [open-enrollment]
charter school.
(f) A revenue bond issued under this section is not a debt of
the state or any state agency, political corporation, or political
subdivision of the state and is not a pledge of the faith and credit
of any of these entities. A revenue bond is payable solely from the
revenue of the authorized [open-enrollment] charter school on whose
behalf the bond is issued. A revenue bond issued under this section
must contain on its face a statement to the effect that:
(1) neither the state nor a state agency, political
corporation, or political subdivision of the state is obligated to
pay the principal of or interest on the bond; and
(2) neither the faith and credit nor the taxing power
of the state or any state agency, political corporation, or
political subdivision of the state is pledged to the payment of the
principal of or interest on the bond.
(g) An educational facility financed in whole or in part
under this section is exempt from taxation if the facility:
(1) is owned by an authorized [open-enrollment]
charter school;
(2) is held for the exclusive benefit of the school;
and
(3) is held for the exclusive use of the students,
faculty, and staff members of the school.
SECTION 4.47. Section 411.097(c), Government Code, is
amended to read as follows:
(c) A public charter district [An open-enrollment charter
school] is entitled to obtain from the department criminal history
record information maintained by the department that relates to a
person who:
(1) is a member of the governing body of the public
charter district [school], as defined by Section 11A.001 [12.1012],
Education Code; or
(2) has agreed to serve as a member of the governing
body of the public charter district [school].
SECTION 4.48. Sections 2175.128(a) and (b), Government
Code, are amended to read as follows:
(a) If a disposition of a state agency's surplus or salvage
data processing equipment is not made under Section 2175.125 or
2175.184, the state agency shall transfer the equipment to:
(1) a school district or public charter district
[open-enrollment charter school] in this state under Subchapter C,
Chapter 32, Education Code;
(2) an assistance organization specified by the school
district or public charter district; or
(3) the Texas Department of Criminal Justice.
(b) If a disposition of the surplus or salvage data
processing equipment of a state eleemosynary institution or an
institution or agency of higher education is not made under other
law, the institution or agency shall transfer the equipment to:
(1) a school district or public charter district
[open-enrollment charter school] in this state under Subchapter C,
Chapter 32, Education Code;
(2) an assistance organization specified by the school
district or public charter district; or
(3) the Texas Department of Criminal Justice.
SECTION 4.49. Section 2306.630(a), Government Code, is
amended to read as follows:
(a) Subject to Subsection (b), the following entities may
apply to receive a grant for an eligible project under this
subchapter:
(1) a private, nonprofit, tax-exempt organization
listed in Section 501(c)(3), Internal Revenue Code of 1986 (26
U.S.C. Section 501(c)(3));
(2) a public agency that operates a community-based
youth employment training program;
(3) a community housing development organization
certified by the state;
(4) an educational facility approved by the Texas
Youth Commission;
(5) a corps-based community service organization;
(6) a public charter district [an open-enrollment
charter school] approved by the State Board of Education [Texas
Education Agency]; or
(7) another entity authorized by board rule.
SECTION 4.50. Section 1575.002(6), Insurance Code, is
amended to read as follows:
(6) "Public school" means:
(A) a school district;
(B) another educational district whose employees
are members of the Teacher Retirement System of Texas;
(C) a regional education service center
established under Chapter 8, Education Code; or
(D) a public charter district [an
open-enrollment charter school] established under Chapter 11A
[Subchapter D, Chapter 12], Education Code.
SECTION 4.51. Section 1579.002(3), Insurance Code, is
amended to read as follows:
(3) "Charter school" means a public charter district
[an open-enrollment charter school] established under Chapter 11A
[Subchapter D, Chapter 12], Education Code.
SECTION 4.52. Section 140.005, Local Government Code, is
amended to read as follows:
Sec. 140.005. ANNUAL FINANCIAL STATEMENT OF SCHOOL, ROAD,
OR OTHER DISTRICT. The governing body of a school district, public
charter district [open-enrollment charter school], junior college
district, or a district or authority organized under Article III,
Section 52, or Article XVI, Section 59, of the Texas Constitution,
shall prepare an annual financial statement showing for each fund
subject to the authority of the governing body during the fiscal
year:
(1) the total receipts of the fund, itemized by source
of revenue, including taxes, assessments, service charges, grants
of state money, gifts, or other general sources from which funds are
derived;
(2) the total disbursements of the fund, itemized by
the nature of the expenditure; and
(3) the balance in the fund at the close of the fiscal
year.
SECTION 4.53. Section 140.006(c), Local Government Code, is
amended to read as follows:
(c) The presiding officer of a school district shall submit
a financial statement prepared under Section 140.005 to a daily,
weekly, or biweekly newspaper published within the boundaries of
the district. If a daily, weekly, or biweekly newspaper is not
published within the boundaries of the school district, the
financial statement shall be published in the manner provided by
Subsections (a) and (b). The financial statement of a public
charter district [an open-enrollment charter school] shall be made
available in the manner provided by Chapter 552, Government Code.
SECTION 4.54. Section 375.303(2), Local Government Code, is
amended to read as follows:
(2) "Eligible project" means a program authorized by
Section 379A.051 and a project as defined by Sections 2(11) and
4B(a)(2), Development Corporation Act of 1979 (Article 5190.6,
Vernon's Texas Civil Statutes). Notwithstanding this definition,
seeking a charter for or operating a public charter district [an
open-enrollment charter school] authorized by Chapter 11A
[Subchapter D, Chapter 12], Education Code, is [shall] not [be] an
eligible project.
SECTION 4.55. Sections 375.308(b) and (c), Local Government
Code, are amended to read as follows:
(b) An authority may not:
(1) issue bonds or notes without the prior approval of
the governing body of the municipality that created the authority;
(2) seek a charter for or operate, within the
boundaries of the authority, a public charter district [an
open-enrollment charter school] authorized by Chapter 11A
[Subchapter D, Chapter 12], Education Code; or
(3) levy ad valorem property taxes.
(c) A municipality may not seek a charter for or operate a
public charter district [an open-enrollment charter school]
authorized by Chapter 11A [Subchapter D, Chapter 12], Education
Code, within the boundaries of the authority.
SECTION 4.56. Section 541.201(15), Transportation Code, is
amended to read as follows:
(15) "School activity bus" means a bus designed to
accommodate more than 15 passengers, including the operator, that
is owned, operated, rented, or leased by a school district, county
school, public charter district [open-enrollment charter school],
regional education service center, or shared services arrangement
and that is used to transport public school students on a
school-related activity trip, other than on routes to and from
school. The term does not include a chartered bus, a bus operated
by a mass transit authority, or a school bus.
SECTION 4.57. Section 57.042(9), Utilities Code, is amended
to read as follows:
(9) "Public school" means a public elementary or
secondary school, including a public charter district [an
open-enrollment charter school], a home-rule school district
school, and a school with a campus or campus program charter.
SECTION 4.58. Section 4(2), Chapter 22, Acts of the 57th
Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's
Texas Civil Statutes), is amended to read as follows:
(2) "Educational institution" means a school district
or a public charter district [an open-enrollment charter school].
SECTION 4.59. The following laws are repealed:
(1) Section 12.106, Education Code; and
(2) Section 40, Chapter 1504, Acts of the 77th
Legislature, Regular Session, 2001.
SECTION 4.60. Notwithstanding the repeal of Sections 12.107
and 12.128, Education Code, by this Act, those sections continue to
apply to state funds and property received or purchased by an
open-enrollment charter school before September 1, 2006.
SECTION 4.61. The changes in law made by Sections 4.04-4.60
of this article apply beginning August 1, 2006, except that
Sections 4.10, 4.11, 4.41, and 4.59 apply beginning September 1,
2005.
[ARTICLES 5-6 RESERVED]
ARTICLE 7. STATE BOARD FOR EDUCATOR CERTIFICATION
SECTION 7.01. Section 21.035, Education Code, as amended by
H.B. 1116, Acts of the 79th Legislature, Regular Session, 2005, is
amended to read as follows:
Sec. 21.035. APPLICATION OF SUNSET ACT. The board is
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the board is
abolished and this subchapter expires September 1, 2007 [The Texas
Education Agency shall provide the board's administrative
functions and services].
SECTION 7.02. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.039 to read as follows:
Sec. 21.039. EXECUTIVE DIRECTOR; PERSONNEL. The board
shall employ an executive director. The executive director shall:
(1) perform duties as assigned by the board or
specified by law;
(2) administer and enforce all laws and rules
implemented by the board;
(3) issue the certificates authorized under this
subchapter; and
(4) hire and dismiss the employees of the board.
ARTICLE 8. REPEALER; APPLICABILITY; EFFECTIVE DATE
SECTION 8.01. (a) Sections 1-3, Chapter 201, Acts of the
78th Legislature, Regular Session, 2003, are repealed.
(b) Section 4, S.B. No. 151, Acts of the 79th Legislature,
Regular Session, 2005, is repealed.
(c) Sections 2 and 10(b), H.B. No. 2753, Acts of the 79th
Legislature, Regular Session, 2005, are repealed.
(d) Section 23.001(17), H.B. No. 2018, Acts of the 79th
Legislature, Regular Session, 2005, is repealed.
(e) Section 4, S.B. No. 23, Acts of the 79th Legislature,
Regular Session, 2005, is repealed.
(f) The following provisions of the Education Code are
repealed:
(1) Subchapter D, Chapter 22, as added by S.B. No. 1691
and S.B. No. 1863, Acts of the 79th Legislature, Regular Session,
2005;
(2) Subchapters B, C, E, F, and G, Chapter 41;
(3) Chapter 42, as it existed on January 1, 2005; and
(4) Sections 21.357, 21.402(b) and (e), 25.0811(b) and
(c), 29.056(h), 29.203(c) and (g), 39.023(j), 39.024(e),
39.027(b), (c), and (f), 39.073, 39.074, 39.112, 41.001, 41.002,
41.003, 41.0031, 41.007, 41.009(b), 41.011, 41.092, 41.099,
41.252(b), 44.004(c) and (d), and 105.301(f).
(g) Section 403.302(j), Government Code, is repealed.
(h) The following provisions of the Insurance Code are
repealed:
(1) Section 1579.253(b);
(2) Section 1581.053(b); and
(3) Subchapter C, Chapter 1581.
(i) Sections 6.02(g), 6.03(m), 21.02(b), and 26.08(k), (l),
and (m), Tax Code, are repealed.
SECTION 8.02. Except as otherwise provided by this Act,
this Act applies beginning with the 2005-2006 school year.
SECTION 8.03. (a) Except as otherwise provided by this Act,
this Act takes effect September 1, 2005, 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 effect on that date:
(1) this Act takes effect on the 91st day after the
last day of the legislative session; and
(2) a provision of this Act that states that the
provision takes effect September 1, 2005, takes effect on the
effective date as provided by Subdivision (1) of this subsection.
(b) This Act takes effect only if H.B. No. __, Acts of the
79th Legislature, 1st Called Session, 2005, becomes law. If that
bill does not become law, this Act has no effect.