By: Shapiro S.R. No. 140
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 79th
Legislature, First Called Session, 2005, That Senate Rule 12.03,
be suspended in part as provided by Senate Rule 12.08, to enable
the conference committee appointed to resolve the differences on
House Bill No. 2, relating to public education and public school
finance matters; imposing criminal penalties, to consider and
take action on the following matters:
(1) Senate Rule 12.03(4), is suspended to permit the
committee to incorporate a new Subsection (e-1) to proposed
Section 11.203, to read as follows:
(e-1) For the state fiscal biennium beginning September
1, 2005, the amount set aside under Subsection (e) may not exceed
$3.6 million. This subsection expires August 31, 2007.
Explanation: The change is necessary to limit the amount
that may be spent to pay the costs of administering the school
leadership pilot program for principals for the state fiscal
biennium beginning September 1, 2005.
(2) Senate Rule 12.03(4), is suspended to permit the
committee to incorporate a new section in the bill, numbered as
SECTION 2A.13, to read as follows:
SECTION 2A.13. Effective September 1, 2006, Subchapter
I, Chapter 21, Education Code, is amended by adding Section
21.4031 to read as follows:
Sec. 21.4031. SALARY SUPPLEMENT FOR CERTAIN
RETIREMENT-ELIGIBLE CLASSROOM TEACHERS. (a) The amounts
specified by this section are in addition to amounts to which a
classroom teacher is entitled under Section 21.402.
(b) A classroom teacher, other than an employed retiree,
is entitled to an annual salary supplement equal to:
(1) $1,000 for a year in which the sum of the
teacher's age and years of service credit in the Teacher
Retirement System of Texas equals at least 80 but less than 85;
(2) $2,000 for a year in which the sum of the
teacher's age and years of service credit in the Teacher
Retirement System of Texas equals at least 85 but less than 90;
(3) $3,000 for a year in which the sum of the
teacher's age and years of service credit in the Teacher
Retirement System of Texas equals at least 90 but less than 95;
and
(4) $4,000 for a year in which the sum of the
teacher's age and years of service credit in the Teacher
Retirement System of Texas equals at least 95.
(c) If a person is entitled to a salary supplement under a
provision of Subsection (b) for only part of a year, the amount of
the salary supplement shall be prorated accordingly.
(d) The Teacher Retirement System of Texas, at the
request of the agency, may release information to the agency
about a member of the retirement system or a retiree that the
executive director of the retirement system finds is necessary to
determine a person's eligibility for a salary supplement under
this section. The information remains confidential after the
information is released to the agency as authorized by this
section. The agency may disclose whether an employee is entitled
to a supplement and the amount of the supplement to which the
employee is entitled but may not release other information
provided by the retirement system.
(e) A school district is entitled to state funds in an
amount equal to the sum of the salary supplements to which
classroom teachers employed by the district are entitled under
this section. Funding 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 Chapter 41 applies is entitled to funding under this
section. The commissioner shall determine the timing of the
distribution of funds to a district that does not receive
Foundation School Program payments.
Explanation: The change is necessary to entitle a
classroom teacher who is eligible for retirement, other than an
employed retiree, to a salary supplement.
(3) Senate Rule 12.03(2), is suspended to permit the
committee to omit "by negotiated rulemaking as provided by
Chapter 2008, Government Code" added in proposed Subsection (c),
Section 21.458, Education Code.
Explanation: The change is necessary to permit the
commissioner to adopt rules relating to teacher mentor
qualifications in the manner provided by Chapter 2001,
Government Code.
(4) Senate Rule 12.03(4), is suspended to permit the
committee to incorporate a new section in the bill, numbered as
SECTION 2B.095, to read as follows:
SECTION 2B.095. Subchapter C, Chapter 7, Education Code,
is amended by adding Section 7.061 to read as follows:
Sec. 7.061. 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 title.
(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.
Explanation: The change is necessary to permit the
commissioner to issue a subpoena to compel the attendance and
testimony of a witness or the production of materials relevant to
an audit or investigation under Title 2, Education Code.
(5) Senate Rule 12.03(4), is suspended to permit the
committee to incorporate a new section in the bill, numbered as
SECTION 2B.16, to read as follows:
SECTION 2B.16. Subchapter A, Chapter 28, Education Code,
is amended by adding Section 28.0022 to read as follows:
Sec. 28.0022. CURRICULUM REVIEW; ALIGNMENT WITH
INSTRUCTIONAL MATERIALS AND ASSESSMENT PROGRAM. (a) The State
Board of Education shall adopt a five-year cycle for reviewing
the essential knowledge and skills of each subject of the
required curriculum under Section 28.002.
(b) The State Board of Education may not modify the
curriculum in a manner intended to benefit:
(1) a specific publisher of instructional
materials, as those terms are defined by Section 31.002; or
(2) another vendor of educational products or
technology.
(c) It is the intent of the legislature that the State
Board of Education continue to align instructional materials
approved under Chapter 31 with the required curriculum. The
agency shall develop the state assessment program under
Subchapter B, Chapter 39, in alignment with the required
curriculum.
Explanation: The change is necessary to require the State
Board of Education to adopt a five-year cycle for reviewing the
essential knowledge and skills of each subject of the
state-required curriculum and to align approved instructional
materials with the state-required curriculum.
(6) Senate Rule 12.03(1), is suspended to permit the
committee to change the text of proposed Subsection (b), Section
44.011, Education Code, to read as follows:
(b) For purposes of this section, whether an expenditure
is an expenditure for direct instructional activities shall be
determined in accordance with standards and definitions adopted
by the National Center for Education Statistics of the United
States Department of Education.
Explanation: The change is necessary to provide the
method by which an expenditure is determined to be an expenditure
for direct instructional activities.
(7) Senate Rule 12.03(4), is suspended to permit the
committee to incorporate a new section in the bill, numbered as
SECTION 2C.12, to read as follows:
SECTION 2C.12. Section 44.0071, Education Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Each fiscal year, a school district shall compute and
report to the commissioner:
(1) the percentage of the district's total available
revenue [expenditures] for the preceding fiscal year that was
[were] used to fund direct instructional activities; [and]
(2) the percentage of the district's total available
revenue for the preceding fiscal year that was used to fund
direct instructional activities related to courses that are
subject to assessment under Subchapter B, Chapter 39; and
(3) the percentage of the district's full-time
equivalent employees during the preceding fiscal year whose job
function was to directly provide classroom instruction to
students, determined by dividing the number of hours spent by
employees in providing direct classroom instruction by the total
number of hours worked by all district employees.
(a-1) The commissioner by rule shall determine the manner
in which a district's total available revenue for purposes of
this section is computed.
Explanation: The change is necessary to require each
school district to report the percentage of total available
revenue, rather than the district's total expenditures, used to
fund direct instructional activities and report the percentage
of total available revenue used to fund direct instructional
activities related to courses assessed under the state
assessment program.
(8) Senate Rule 12.03(2), is suspended to permit the
committee to omit the text of proposed Section 44.0073, Education
Code, 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.
Explanation: The change is necessary to remove the
provision of the bill that requires the Texas Education Agency to
make information relating to direct and indirect instructional
costs, as defined by that provision, available to the public and
permit the continuation of current law.
(9) Senate Rule 12.03(4), is suspended to permit the
committee to incorporate a new section in the bill, numbered as
SECTION 2E.391, to read as follows:
SECTION 2E.391. Subchapter A, Chapter 32, Education
Code, is amended by adding Section 32.008 to read as follows:
Sec. 32.008. TECHNOLOGY GRANTS. (a) From amounts
appropriated for the purpose, the commissioner shall make grants
as provided by this section to school districts on behalf of
eligible campuses and to eligible open-enrollment charter
schools. A grant under this section must be in the amount of $300
for each student enrolled at an eligible campus or eligible
open-enrollment charter school.
(b) To be eligible for a grant under this section, a
public school must:
(1) be identified by the agency as meeting the goals
of the long-range plan for technology under Section 32.001; and
(2) certify to the commissioner that the school will
commit to using, for a purpose specified by Subsection (c), other
funds available to the school in an amount equal to $50 for each
student enrolled at the school.
(c) A grant under this section may be used only to:
(1) provide for the purchase by public schools of:
(A) wireless electronic mobile computing
devices or other technology devices that convey instruction;
(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 and school management systems;
(2) provide professional development for teachers
to integrate the tools and solutions described by Subdivision
(1); and
(3) acquire other infrastructure, components, and
technologies necessary to support and enhance student
performance.
(d) To receive a grant under this section, a school
district or open-enrollment charter school must apply in the time
and manner specified by commissioner rule. A grant under this
section is for a period of two school years and may be renewed as
provided by commissioner rule. The commissioner shall ensure
that public schools that are awarded grants under this section
reflect the demographic and geographic diversity of this state.
Explanation: The change is necessary to provide for
technology grants for school districts on behalf of eligible
campuses and to eligible open-enrollment charter schools.
(10) Senate Rule 12.03(4), is suspended to permit the
committee to incorporate a new section in the bill, numbered as
SECTION 3.24, to read as follows:
SECTION 3.24. Section 44.004, Education Code, is amended
by amending Subsections (b), (e), and (i) and adding Subsections
(b-1) and (b-2) to read as follows:
(b) Except as provided by Subsection (b-2), the [The]
president shall provide for the publication of notice of the
budget and proposed tax rate meeting in a daily, weekly, or
biweekly newspaper published in the district. If no daily,
weekly, or biweekly newspaper is published in the district, the
president shall provide for the publication of notice in at least
one newspaper of general circulation in the county in which the
district's central administrative office is located. Notice
under this subsection shall be published not earlier than the
30th day or later than the 10th day before the date of the
hearing.
(b-1) The notice of the public meeting to discuss and
adopt the budget and the proposed tax rate may not be smaller than
one-quarter page of a standard-size or a tabloid-size newspaper,
and the headline on the notice must be in 18-point or larger type.
(b-2) Instead of publishing notice in the manner
prescribed by Subsection (b), a school district may publish the
required notice on its Internet website not earlier than the 30th
day or later than the 10th day before the date of the hearing. A
school district that publishes notice under this subsection must
have a link on its Internet website that is clearly identified as
the link to the public notice for the budget and proposed tax rate
meeting.
(e) A person who owns taxable property in a school
district is entitled to an injunction restraining the collection
of taxes by the district if the district has not complied with the
requirements of Subsections (b), (b-1), and (b-2)[, (c),] and
[(d), and], if applicable, Subsection (i), and the failure to
comply was not in good faith. An action to enjoin the collection
of taxes must be filed before the date the school district
delivers substantially all of its tax bills.
(i) A school district that uses a certified estimate, as
authorized by Subsection (h), may adopt a budget at the public
meeting designated in the notice prepared using the estimate, but
the district may not adopt a tax rate before the district
receives the certified appraisal roll for the district required
by Section 26.01(a), Tax Code. After receipt of the certified
appraisal roll, the district must publish a revised notice and
hold another public meeting before the district may adopt a tax
rate that exceeds:
(1) the rate proposed in the notice prepared using
the estimate; or
(2) the district's rollback rate determined under
Section 26.08, Tax Code, if applicable, using the certified
appraisal roll.
Explanation: This change is necessary to prescribe the
requirements of the published notice of a school district's
budget meeting and proposed tax rate.
(11) Senate Rule 12.03(4), is suspended to permit the
committee to incorporate a new section in the bill, numbered as
SECTION 7.125, to read as follows:
SECTION 7.125. Subchapter B, Chapter 21, Education Code,
is amended by adding Section 21.0461 to read as follows:
Sec. 21.0461. TEMPORARY CERTIFICATE FOR SUPERINTENDENT
OR PRINCIPAL. (a) The commissioner may issue a temporary
certificate under this section for:
(1) assistant principal;
(2) principal; or
(3) superintendent.
(b) A candidate for certification under this section
must:
(1) hold a baccalaureate or advanced degree from an
institution of higher education;
(2) have significant management and leadership
experience, as determined by the board of trustees of the school
district that will employ the person under the temporary
certificate; and
(3) perform satisfactorily on the appropriate
examination prescribed under Section 21.048.
(c) A school district may require that a person who is
employed by the district and who holds a certificate issued under
this section complete a training program.
(d) A certificate issued to a person under this section
is valid only in the school district in which the person is
initially employed after receiving the certificate.
(e) A certificate issued under this section:
(1) expires on the third anniversary of the date on
which the certificate was issued; and
(2) is not renewable.
(f) The commissioner shall issue a standard certificate
to a person who holds a temporary certificate issued under this
section if the school district employing the person under the
temporary certificate:
(1) has employed the person for at least three years
in the capacity for which the person seeks a standard
certificate; and
(2) has recommended the person to the commissioner
and favorably reviewed, primarily using objective measures of
student performance and improvement in the district, the
person's performance.
(g) A school district employing a person who holds a
temporary certificate issued under this section must provide the
person with intensive support during the person's first year of
employment with the district, including:
(1) mentoring; and
(2) intensive, high-quality professional
development.
Explanation: The change is necessary to permit the
commissioner of education to issue a limited temporary
certificate for assistant principal, principal, or
superintendent.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on July 20, 2005, by
the following vote: Yeas 16,
Nays 14.
_______________________________
Secretary of the Senate