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By: Shapiro S.B. No. 2
(In the Senate - Filed July 21, 2005; July 21, 2005, read
first time and referred to Committee on Education; July 21, 2005,
reported favorably by the following vote: Yeas 6, Nays 0;
July 21, 2005, sent to printer.)
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 AND SCHOOL PROPERTY TAX RELIEF
SECTION 1A.01. Subsections (a) and (e), Section 41.002,
Education Code, are amended to read as follows:
(a) A school district may not have a wealth per student that
exceeds $339,000 [$305,000].
(e) Notwithstanding Subsection (a), and except as provided
by Subsection (g), in accordance with a determination of the
commissioner, the wealth per student that a school district may
have after exercising an option under Section 41.003(2) or (3) may
not be less than the amount needed to maintain state and local
revenue in an amount equal to state and local revenue per weighted
student for maintenance and operation of the district for the
1992-1993 school year less the district's current year distribution
per weighted student from the available school fund, other than
amounts distributed under Chapter 31, if the district imposes an
effective tax rate for maintenance and operation of the district
equal to the greater of the district's current tax rate or the
maximum maintenance tax rate permitted under Section 45.003 [$1.50
on the $100 valuation of taxable property].
SECTION 1A.02. Subsection (d), Section 41.157, Education
Code, is amended to read as follows:
(d) Notwithstanding Section 45.003, the consolidated taxing
district may levy, assess, and collect a maintenance tax for the
benefit of the component districts at a rate that exceeds the
maximum maintenance tax rate permitted under Section 45.003 [$1.50
per $100 valuation of taxable property] to the extent necessary to
pay contracted obligations on the lease purchase of permanent
improvements to real property entered into on or before May 12,
1993. The proposition to impose taxes at the necessary rate must be
submitted to the voters in the manner provided by Section 45.003.
SECTION 1A.03. Subsection (a), Section 42.005, Education
Code, is amended to read as follows:
(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; [or]
(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 quotient of the sum of
attendance for each full-time equivalent day of instruction divided
by the minimum number of days of instruction as described under
Section 25.081(a).
SECTION 1A.04. Subchapter A, Chapter 42, Education Code, is
amended by adding Section 42.008 to read as follows:
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.
SECTION 1A.05. Section 42.2512, Education Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) In addition to any amounts to which a school district
is entitled under Section 42.2541, 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 product of the following amount,
as applicable, 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:
(1) $1,500; or
(2) $2,000, if H.B. No. 3, Acts of the 79th
Legislature, 2nd Called Session, 2005, takes effect immediately.
SECTION 1A.06. Subsection (a), Section 42.252, Education
Code, is amended to read as follows:
(a) Each school district's share of the Foundation School
Program is determined by the following formula:
LFA = TR X DPV
where:
"LFA" is the school district's local share;
"TR" is a tax rate which for each hundred dollars of valuation
is an effective tax rate of $0.76 [$0.86]; and
"DPV" is the taxable value of property in the school district
for the preceding tax year determined under Subchapter M, Chapter
403, Government Code.
SECTION 1A.07. Section 42.253, Education Code, is amended
by adding Subsection (e-2) to read as follows:
(e-2) For the 2005-2006 school year, the limit authorized by
Subsection (e) is reduced by $0.35. This subsection expires
September 1, 2006.
SECTION 1A.08. Subchapter E, Chapter 42, Education Code, is
amended by adding Sections 42.2541 and 42.2542 to read as follows:
Sec. 42.2541. ADDITIONAL TRANSITIONAL AID. (a) In this
section, "weighted average daily attendance" has the meaning
assigned by Section 42.302.
(b) Notwithstanding Section 42.253, a school district is
entitled to the amount of state revenue necessary to maintain state
and local revenue in an amount equal to the sum of:
(1) the amount of state and local revenue per student
in weighted average daily attendance for maintenance and operation
of the district that would have been available to the district if
the funding elements under Chapters 41 and 42, including any
amounts the district would have received under Rider 82, page
III-23, Chapter 1330, Acts of the 78th Legislature, Regular
Session, 2003 (the General Appropriations Act), in effect during
the 2004-2005 school year, were in effect for the current school
year; and
(2) an amount equal to $37 per weighted student in
average daily attendance.
(c) The commissioner may increase the amount to which a
school district is entitled under Subsection (b) as the
commissioner determines necessary.
(d) The commissioner shall determine the amount of state
funds to which a school district is entitled under this section,
including the amount per student in weighted average daily
attendance, and shall make that determination available to the
Legislative Budget Board. The commissioner's determination is
final and may not be appealed.
Sec. 42.2542. TEMPORARY LIMITATIONS ON AID.
(a) Notwithstanding any other provision of this subtitle, for the
2005-2006 school year, 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 weighted average daily attendance that is greater
than 103 percent of the amount to which the district is entitled
under Section 42.2541(b)(1).
(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) This section expires September 1, 2006.
SECTION 1A.09. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.261 to read as follows:
Sec. 42.261. USE OF CERTAIN REVENUE FOR ENHANCED SUPPORT
STAFF COMPENSATION. (a) Beginning with the 2005-2006 school year,
a school district must use state and local maintenance and
operations revenue to provide enhanced compensation to district
support staff.
(b) The commissioner shall adopt rules necessary to
implement this section. The rules must ensure compensation
provided to district support staff described by Section 22.008 is
increased by the amounts specified by that section.
SECTION 1A.10. Section 42.302, Education Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Each school district is guaranteed a specified amount
per weighted student in state and local funds for each cent of tax
effort over that required for the district's local fund assignment
up to the maximum level specified in this subchapter. The amount of
state support, subject only to the maximum amount under Section
42.303, is determined by the formula:
GYA = (GL X WADA X DTR X 100) - LR
where:
"GYA" is the guaranteed yield amount of state funds to be
allocated to the district;
"GL" is the dollar amount guaranteed level of state and local
funds per weighted student per cent of tax effort, which is the
amount of district tax revenue per weighted student, per cent of tax
effort available to a school district at the 90th percentile in
wealth per student, as determined by the commissioner [$27.14] or a
greater amount for any year provided by appropriation;
"WADA" is the number of students in weighted average daily
attendance, which is calculated by dividing the sum of the school
district's allotments under Subchapters B and C, less any allotment
to the district for transportation, any allotment under Section
42.158, and 50 percent of the adjustment under Section 42.102, by
the basic allotment for the applicable year;
"DTR" is the district [enrichment] tax rate of the school
district, which is determined by subtracting the amounts specified
by Subsection (b) from the total amount of maintenance and
operations taxes collected by the school district for the
applicable school year and dividing the difference 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
"LR" is the local revenue, which is determined by multiplying
"DTR" 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.
(a-1) In this section, "wealth per student" means a school
district's taxable value of property as determined under Subchapter
M, Chapter 403, Government Code, divided by the number of students
in weighted average daily attendance in the district.
SECTION 1A.11. Section 42.303, Education Code, is amended
to read as follows:
Sec. 42.303. LIMITATION ON [ENRICHMENT] TAX RATE. The
district [enrichment] tax rate ("DTR") under Section 42.302 may not
exceed $0.39 [$0.64] per $100 of valuation, or a greater amount for
any year provided by appropriation.
SECTION 1A.12. Section 45.003, Education Code, is amended
by amending Subsection (d) and adding Subsections (e) and (f) to
read as follows:
(d) A proposition submitted to authorize the levy of
maintenance taxes must include the question of whether the
governing board or commissioners court may levy, assess, and
collect annual ad valorem taxes for the further maintenance of
public schools, at a rate not to exceed the rate, which may be not
more than $1.15 [$1.50] on the $100 valuation of taxable property in
the district, stated in the proposition.
(e) An election held before January 1, 2005, authorizing a
maintenance tax at a rate of at least $1.15 on the $100 valuation of
taxable property in the district is sufficient to authorize a rate
of $1.15 or less for the 2005 tax year. An election held before
January 1, 2006, authorizing a maintenance tax at a rate of at least
$1.10 on the $100 valuation of taxable property in the district is
sufficient to authorize a rate of $1.10 or less for the 2006 tax
year or a subsequent tax year.
(f) Notwithstanding Subsections (d) and (e) if a school
district's maintenance and operations tax rate for the 2004 tax
year exceeded a rate of $1.50 for each $100 of taxable value of
property, the district is entitled to impose an ad valorem tax under
this section:
(1) without authorization at an election held for that
purpose; and
(2) at a rate not to exceed the sum of:
(A) the rate authorized under this section; and
(B) a rate equal to the amount by which the
district's maintenance and operations tax rate for the 2004 tax
year exceeded a rate of $1.50 for each $100 of taxable value of
property.
SECTION 1A.13. Subsections (b) and (f), Section 45.006,
Education Code, are amended to read as follows:
(b) Notwithstanding Section 45.003, a school district may
levy, assess, and collect maintenance taxes at a rate that exceeds
the maximum maintenance tax rate permitted under Section 45.003
[$1.50 per $100 valuation of taxable property] if:
(1) additional ad valorem taxes are necessary to pay a
debt of the district that:
(A) resulted from the rendition of a judgment
against the district before May 1, 1995;
(B) is greater than $5 million;
(C) decreases a property owner's ad valorem tax
liability;
(D) requires the district to refund to the
property owner the difference between the amount of taxes paid by
the property owner and the amount of taxes for which the property
owner is liable; and
(E) is payable according to the judgment in more
than one of the district's fiscal years; and
(2) the additional taxes are approved by the voters of
the district at an election held for that purpose.
(f) The governing body of a school district that adopts a
tax rate that exceeds the maximum maintenance tax rate permitted
under Section 45.003 [$1.50 per $100 valuation of taxable property]
may set the amount of the exemption from taxation authorized by
Section 11.13(n), Tax Code, at any time before the date the
governing body adopts the district's tax rate for the tax year in
which the election approving the additional taxes is held.
SECTION 1A.14. Section 403.302, Government Code, is amended
by adding Subsection (c-1) 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.
PART B. EDUCATION FUNDING AND EQUALIZATION
SECTION 1B.01. Subsection (b), Section 42.002, Education
Code, is amended to read as follows:
(b) The Foundation School Program consists of:
(1) a basic program, as provided by this chapter, that
provides for [two tiers that in combination provide for:
[(A)] sufficient financing for all school
districts to provide a basic program of education that is rated
academically acceptable or higher under Section 39.072 and meets
other applicable legal standards; [and]
(2) an enrichment program, as provided by Subchapter
F, that includes a guaranteed yield component to provide [(B)]
substantially equal access to funds to provide an enriched program;
and
(3) [(2)] a facilities component as provided by
Chapter 46.
SECTION 1B.02. Section 42.007, Education Code, is amended
by amending Subsection (c) and adding Subsection (e) to read as
follows:
(c) The funding elements must include:
(1) an accreditation [a basic] allotment for the
purposes of Section 42.101 that[, when combined with the guaranteed
yield component provided by Subchapter F,] 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 dollar amounts and as
weights applied to the adjusted accreditation [basic] allotment for
the appropriate year;
(4) the maximum guaranteed level of qualified state
and local funds per student for the purposes of the enrichment
program under Subchapter F;
(5) the enrichment [and facilities] tax rate under
Subchapter F;
(6) the computation of students in weighted average
daily attendance under Section 42.302; and
(7) the amount to be appropriated for the school
facilities assistance program under Chapter 46.
(e) 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, 2006. This subsection expires January 1, 2007.
SECTION 1B.03. The heading to Subchapter B, Chapter 42,
Education Code, is amended to read as follows:
SUBCHAPTER B. BASIC PROGRAM [ENTITLEMENT]
SECTION 1B.04. Section 42.101, Education Code, is amended
to read as follows:
Sec. 42.101. ACCREDITATION [BASIC] ALLOTMENT. For each
student in average daily attendance, not including the time
students spend each day in special education programs in an
instructional arrangement other than mainstream or career and
technology education programs, for which an additional allotment is
made under Subchapter C, a district is entitled to an accreditation
allotment of $4,300 [$2,537]. A greater amount for any school year
may be provided by appropriation.
SECTION 1B.05. Section 42.102, Education Code, is amended
to read as follows:
Sec. 42.102. COST OF EDUCATION ADJUSTMENT. (a) The
accreditation [basic] allotment for each district is 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 71 percent of the total
amount that would result from application of the cost of education
index adopted under this section, or a greater amount for any year
provided by appropriation.
(a-1) Notwithstanding any other provision of this section,
the initial amount of the cost of education index adjustment is a
percent determined by the Legislative Budget Board that would
result in a total amount of funds delivered under this section that
does not exceed the total amount of funds delivered using the
application of the cost of education index as it existed on January
1, 2005.
(a-2) The Legislative Budget Board shall annually increase
the initial adjustment percentage determined under Subsection (a)
so that the percentage:
(1) increases at the same rate of growth as the
implementation of the small and mid-sized district adjustments
described by Sections 42.103(c-1) and (d-1); and
(2) does not exceed 71 percent.
(b) Except as provided by Subsection (c), the [The] cost of
education adjustment is determined using the average of the three
most recent index recomputations and adjustments adopted by the
Legislative Budget Board under Subsection (d) [cost of education
index adjustment adopted by the foundation school fund budget
committee and contained in Chapter 203, Title 19, Texas
Administrative Code, as that chapter existed on March 26, 1997].
(b-1) Except as provided by Subsection (c), the cost of
education index to be used in determining the cost of education
adjustment for the following school years is determined by the
following formulas:
(1) for the 2006-2007 school year:
CEI = (TFE + (7 x PCEI))/8
(2) for the 2007-2008 school year:
CEI = ((2 x TFE) + (6 x PCEI))/8
(3) for the 2008-2009 school year:
CEI = ((2 x TFE) + (5 x PCEI) + LBBA)/8
(4) for the 2009-2010 school year:
CEI = ((2 x TFE) + (4 x PCEI) + (2 x LBBA))/8
(5) for the 2010-2011 school year:
CEI = ((2 x TFE) + (3 x PCEI) + (3 x LBBB))/8;
(6) for the 2011-2012 school year:
CEI = ((2 x TFE) + (2 x PCEI) + (4 x LBBB))/8;
(7) for the 2012-2013 school year:
CEI = ((2 x TFE) + PCEI + (5 x LBBC))/8; and
(8) for the 2013-2014 school year:
CEI = ((2 x TFE) + (6 x LBBC))/8
where:
"CEI" is the index to be used;
"TFE" is the teacher fixed effects index in the 2004 report
commissioned by the Joint Select Committee on Public School Finance
of the 78th Legislature;
"PCEI" is the index applied during the 2005-2006 school year;
"LBBA" is the index adopted by the Legislative Budget Board
in accordance with Subsection (d) for the state fiscal biennium
beginning September 1, 2007;
"LBBB" is the index adopted by the Legislative Budget Board
in accordance with Subsection (d) for the state fiscal biennium
beginning September 1, 2009; and
"LBBC" is the index adopted by the Legislative Budget Board
in accordance with Subsection (d) for the state fiscal biennium
beginning September 1, 2011.
(c) If the adjustment provided by this section for a school
year is less than the adjustment to which a school district would
have been entitled using the index applied during the 2005-2006
school year, the district's adjustment shall be computed using the
index applied during the 2005-2006 school year.
(c-1) The application of the cost of education index under
this section may not result in a greater difference between the
highest adjustment and the lowest adjustment than the difference
that existed between the highest and lowest adjustments under
Chapter 203, Title 19, Texas Administrative Code, as that chapter
existed on January 1, 2005. The Legislative Budget Board shall
increase the amount of the lowest adjustment to satisfy this
subsection.
(d) The Legislative Budget Board shall:
(1) conduct a study each biennium and recompute the
cost of education index; and
(2) adopt adjustments as the board determines are
necessary to ensure that the cost of education index reflects
current variations in known resource costs and costs of education,
including costs related to social security, due to factors beyond
the control of a school district.
(d-1) All information relating to the computation and
adoption of the cost of education index under this section,
including underlying data, assumptions, and computations used in
the development of the index, is public information.
(e) A school district may appeal a determination of the
Legislative Budget Board under Subsection (d) and request a
contested case hearing before an administrative law judge of the
State Office of Administrative Hearings. A district must pay the
cost of an appeal under this section. An appeal must be limited to
the computation and application of data under this section and may
not include an appeal of the methodology used to compute the teacher
fixed effects index.
(f) Subsection (b) applies beginning with the 2014-2015
school year. Subsections (a-1), (a-2), (b-1), and this subsection
expire September 1, 2015.
(g) Beginning with the 2007-2008 school year, the amount of
.062 (6.2 percent) is added to the adjustment provided for under
Subsections (b), (b-1), (c), and (d) for any school district that
pays taxes under 26 U.S.C. Section 3111(a), and its subsequent
amendments, for employees covered by the social security retirement
program, if the district covers all employees and did so prior to
January 1, 2005.
(h) Beginning with the 2007-2008 school year, the amount of
.031 (3.1 percent) is added to the adjustment provided for under
Subsections (b), (b-1), and (c) for any school district that pays
taxes under 26 U.S.C. Section 3111(a), and its subsequent
amendments, for employees covered by the social security retirement
program, if the district covers at least 25 percent of its employees
and did so prior to January 1, 2005.
(i) The commissioner may adopt rules necessary for the
implementation of this section.
SECTION 1B.06. Section 42.103, Education Code, is amended
by amending Subsections (a), (c), and (d) and adding Subsections
(c-1), (c-2), (d-1), and (f) to read as follows:
(a) The accreditation [basic] allotment for certain small
and mid-sized districts is adjusted in accordance with this
section. In this section:
(1) "SA" ["AA"] is the district's size-adjusted
accreditation [adjusted] allotment per student;
(2) "ADA" is the number of students in average daily
attendance for which the district is entitled to an allotment under
Section 42.101; and
(3) "AA" ["ABA"] is the adjusted accreditation [basic]
allotment determined under Section 42.102.
(c) The accreditation [basic] allotment 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 following formula, or the formula under Subsection (d)
if that results in a greater allotment:
SA = (1 + ((1,600 - ADA) X .0004)) X AA
[AA = (1 + ((1,600 - ADA) X .00025)) X ABA]
(c-1) Notwithstanding Subsection (c), the accreditation
allotment of a school district that has not more than 1,600 students
in average daily attendance is adjusted for the following school
years by applying the following formulas, or the appropriate
formula under Subsection (d-1) if that results in a greater
allotment:
(1) for the 2006-2007 school year:
SA = (1 + ((1,600 - ADA) X .00026)) X AA
(2) for the 2007-2008 school year:
SA = (1 + ((1,600 - ADA) X .00028)) X AA
(3) for the 2008-2009 school year:
SA = (1 + ((1,600 - ADA) X .0003)) X AA
(4) for the 2009-2010 school year:
SA = (1 + ((1,600 - ADA) X .00032)) X AA;
(5) for the 2010-2011 school year:
SA = (1 + ((1,600 - ADA) X .00034)) X AA;
(6) for the 2011-2012 school year:
SA = (1 + ((1,600 - ADA) X .00036)) X AA; and
(7) for the 2012-2013 school year:
SA = (1 + ((1,600 - ADA) X .00038)) X AA
(c-2) Notwithstanding Subsection (c-1), for the 2006-2007,
2007-2008, 2008-2009, 2009-2010, 2010-2011, 2011-2012, or
2012-2013 school year, the accreditation allotment 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 following formula, or the appropriate formula under
Subsection (d-1) if that results in a greater allotment:
SA = (1 + ((1,600 - ADA) X .0004)) X AA
(d) The accreditation [basic] allotment 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) SA = (1 + ((5,000 - ADA) X .00004)) X AA
[AA = (1 + ((5,000 - ADA) X .000025)) X ABA].
(d-1) Notwithstanding Subsection (d), the accreditation
allotment 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 for the following school years by applying
the following formulas, or the formula under Subsection (c) if that
results in a greater allotment:
(1) for the 2006-2007 school year:
SA = (1 + ((5,000 - ADA) X .000026)) X AA
(2) for the 2007-2008 school year:
SA = (1 + ((5,000 - ADA) X .000028)) X AA
(3) for the 2008-2009 school year:
SA = (1 + ((5,000 - ADA) X .00003)) X AA
(4) for the 2009-2010 school year:
SA = (1 + ((5,000 - ADA) X .000032)) X AA;
(5) for the 2010-2011 school year:
SA = (1 + ((5,000 - ADA) X .000034)) X AA;
(6) for the 2011-2012 school year:
SA = (1 + ((5,000 - ADA) X .000036)) X AA; and
(7) for the 2012-2013 school year:
SA = (1 + ((5,000 - ADA) X .000038)) X AA
(f) Subsections (c) and (d) apply beginning with the
2013-2014 school year. Subsections (c-1), (c-2), and (d-1) and
this subsection expire September 1, 2014.
SECTION 1B.07. Sections 42.104, 42.105, and 42.106,
Education Code, are amended to read as follows:
Sec. 42.104. USE OF SMALL OR MID-SIZED DISTRICT ADJUSTMENT
IN CALCULATING SPECIAL ALLOTMENTS. In determining the amount of a
special allotment under Subchapter C for a district to which
Section 42.103 applies, a district's adjusted accreditation
[basic] allotment is considered to be the district's adjusted
accreditation allotment determined under Section 42.103.
Sec. 42.105. SPARSITY ADJUSTMENT. Notwithstanding
Sections 42.101, 42.102, and 42.103, a school district that has
fewer than 130 students in average daily attendance shall be
provided an adjusted accreditation [basic] allotment on the basis
of 130 students in average daily attendance if it 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. A
district offering a kindergarten through grade 8 program whose
preceding or current year's average daily attendance was at least
50 students or which is 30 miles or more by bus route from the
nearest high school district shall be provided an adjusted
accreditation [basic] allotment on the basis of 75 students in
average daily attendance. An average daily attendance of 60
students shall be the basis of providing the adjusted accreditation
[basic] allotment if a district offers a kindergarten through grade
6 program and has preceding or current year's average daily
attendance of at least 40 students or is 30 miles or more by bus
route from the nearest high school district.
Sec. 42.106. 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) [(TN/.015)]
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; [and]
"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.
SECTION 1B.08. Subsections (a), (b), (e), (g), and (k),
Section 42.151, Education Code, are amended to read as follows:
(a) For each student in average daily attendance in a
special education program under Subchapter A, Chapter 29, in a
mainstream instructional arrangement, a school district is
entitled to an annual allotment equal to the adjusted accreditation
[basic] allotment multiplied by 1.1. For each full-time equivalent
student in average daily attendance in a special education program
under Subchapter A, Chapter 29, in an instructional arrangement
other than a mainstream instructional arrangement, a district is
entitled to an annual allotment equal to the adjusted accreditation
[basic] allotment multiplied by a weight determined according to
instructional arrangement as follows:
Homebound 5.0
Hospital class 3.0
Speech therapy 5.0
Resource room 3.0
Self-contained, mild and moderate, regular campus 3.0
Self-contained, severe, regular campus 3.0
Off home campus 2.7
Nonpublic day school 1.7
Vocational adjustment class 2.3
(b) A special instructional arrangement for students with
disabilities residing in care and treatment facilities, other than
state schools, whose parents or guardians do not reside in the
district providing education services shall be established under
the rules of the commissioner [State Board of Education]. The
funding weight for this arrangement shall be 4.0 for those students
who receive their education service on a local school district
campus. A special instructional arrangement for students with
disabilities residing in state schools shall be established under
the rules of the commissioner [State Board of Education] with a
funding weight of 2.8.
(e) The commissioner [State Board of Education] by rule
shall prescribe the qualifications an instructional arrangement
must meet in order to be funded as a particular instructional
arrangement under this section. In prescribing the qualifications
that a mainstream instructional arrangement must meet, the
commissioner [board] shall establish requirements 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 [State Board of Education] 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.
(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 funds in an amount equal to 75
percent, or a lesser percentage determined by the commissioner, of
the adjusted accreditation [basic] allotment [or adjusted
allotment, as applicable,] for each full-time equivalent student in
average daily attendance, multiplied by the amount designated 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 section may not exceed $10
million per year. A school district may use funds received under
this section only in providing an extended year program.
SECTION 1B.09. Subsections (a), (e), (h), and (k), Section
42.152, Education Code, are amended to read as follows:
(a) For each student who is educationally disadvantaged or
who is a student who does not have a disability and resides in a
residential placement facility in a district in which the student's
parent or legal guardian does not reside, a district is entitled to
an annual allotment equal to the adjusted accreditation [basic]
allotment multiplied by 0.2, and by 2.41 for each full-time
equivalent student who is in a remedial and support program under
Section 29.081 because the student is pregnant.
(e) The commissioner may:
(1) retain a portion of the total amount allotted
under Subsection (a) that the commissioner considers appropriate to
finance [intensive accelerated instruction programs and] study
guides provided under Section 39.024(c) [Sections 39.024(b) and
(c)]; and
(2) reduce each district's basic program [tier one]
allotments in the same manner described for a reduction in
allotments under Section 42.253.
(h) After deducting the amount withheld under Subsection
(f) from the total amount appropriated for the allotment under
Subsection (a), the commissioner shall reduce each district's basic
program [tier one] allotments in the same manner described for a
reduction in allotments under Section 42.253 and shall allocate
funds to each district accordingly.
(k) After deducting the amount withheld under Subsection
(i) from the total amount appropriated for the allotment under
Subsection (a), the commissioner shall reduce each district's basic
program [tier one] allotments in the same manner described for a
reduction in allotments under Section 42.253.
SECTION 1B.10. Section 42.153, Education Code, is amended
by amending Subsection (a) and adding Subsections (a-1) and (d) to
read as follows:
(a) Except as provided by Subsection (a-1), for [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 equal to the adjusted
accreditation [basic] allotment multiplied by 0.1.
(a-1) This subsection applies only to funding for students
who have been enrolled in a bilingual education or special language
program for less than three years. The commissioner by rule shall
determine a method for determining whether a student has been
enrolled in a program for less than three years. For each student
in average daily attendance in a bilingual education or special
language program under Subchapter B, Chapter 29, who has been
enrolled in the program for less than three years, a district is
entitled to an annual allotment equal to the adjusted accreditation
allotment multiplied by a weight according to the grade level to
which the student is assigned, as follows:
Prekindergarten-Grade 2 0.12
Grades 3-5 0.18
Grades 6-8 0.24
Grades 9-12 0.3
(d) A district is not entitled to an allotment under this
section for a student who meets the criteria for transferring out of
the district's bilingual education or special language program but
continues participating in the program under Section 29.056(i).
SECTION 1B.11. Subsections (a) and (e), Section 42.154,
Education Code, are amended to read as follows:
(a) For each full-time equivalent student in average daily
attendance in an approved career and technology education program
in grades nine through 12 or in career and technology education
programs for students with disabilities in grades seven through 12,
a district is entitled to an annual allotment equal to the adjusted
accreditation [basic] allotment multiplied by a weight of 1.35.
(e) Out of the total statewide allotment for career and
technology education under this section, the commissioner shall set
aside an amount specified in the General Appropriations Act, which
may not exceed an amount equal to one percent of the total amount
appropriated, to support regional career and technology education
planning. After deducting the amount set aside under this
subsection from the total amount appropriated for career and
technology education under this section, the commissioner shall
reduce each district's basic program [tier one] allotments in the
same manner described for a reduction in allotments under Section
42.253.
SECTION 1B.12. Section 42.155, Education Code, is amended
by amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) Each district or county operating a regular
transportation system is entitled to an allotment based on the
daily cost per regular eligible student of operating and
maintaining the regular transportation system and the linear
density of that system. In determining the cost, the commissioner
shall give consideration to factors affecting the actual cost of
providing these transportation services in each district or county.
The average actual cost is to be computed by the commissioner and
included for consideration by the legislature in the General
Appropriations Act.
(c-1) The allotment per mile of approved route under
Subsection (c) is computed as follows:
Linear Density Grouping Allocation Per Mile of Approved Route 2.40 and above .........$ 1.42
1.65 to 2.40 ..........1.28
1.15 to 1.65 ..........1.11
.90 to 1.15 ...........97
.65 to .90 ...........88
The allocation per mile of approved route for the bottom linear
density groupings of up to .40 through .65 shall be moved into the
next linear density group of up to .90 [may not exceed the amount
set by appropriation].
SECTION 1B.13. Subsections (a) and (d), Section 42.156,
Education Code, are amended to read as follows:
(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 equal to
the district's adjusted accreditation [basic] allotment as
determined under Section 42.102 or Section 42.103, as applicable,
multiplied by .12 for each school year or a greater amount provided
by appropriation.
(d) If the amount of state funds for which school districts
are eligible under this section exceeds the amount of state funds
appropriated in any year for the programs, the commissioner shall
reduce each district's basic program [tier one] allotments in the
same manner described for a reduction in allotments under Section
42.253.
SECTION 1B.14. Subsection (a), Section 42.157, Education
Code, is amended to read as follows:
(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
equal to the adjusted accreditation [basic] allotment multiplied by
a weight of 0.1.
SECTION 1B.15. Section 42.158, Education Code, is amended
by amending Subsections (b), (d), and (g) and adding Subsection
(b-1) to read as follows:
(b) For the first school year in which students attend a new
instructional facility, a school district other than a fast growth
school district is entitled to an allotment of $250 for each student
in average daily attendance at the facility. For the second and
third school years [year] in which students attend that
instructional facility, the [a school] district is entitled to an
allotment of $250 for each additional student in average daily
attendance at the facility.
(b-1) For the first school year in which students attend a
new instructional facility, a fast growth school district is
entitled to an allotment of $500 for each student in average daily
attendance at the facility. For the second and third school years
in which students attend that instructional facility, the district
is entitled to an allotment of $500 for each additional student in
average daily attendance at the facility.
(d) The amount appropriated for allotments under this
section may not exceed $50 [$25] million in a school year. If the
total amount of allotments to which districts are entitled under
this section for a school year exceeds the amount appropriated for
allotments under this section, the commissioner shall reduce each
district's allotment under this section in the manner provided by
Section 42.253(h).
(g) In this section:
(1) "Fast growth school district" means a school
district that during the preceding five school years has
experienced an increase in enrollment of:
(A) greater than 10 percent; or
(B) more than 3,500 students.
(2) "Instructional [, "instructional] facility" has
the meaning assigned by Section 46.001.
SECTION 1B.16. Section 42.251, Education Code, is amended
to read as follows:
Sec. 42.251. FINANCING; GENERAL RULE. (a) The sum of the
accreditation [basic] allotment under Subchapter B and the special
allotments under Subchapter C, computed in accordance with this
chapter, constitute the basic program [tier one] allotments. The
sum of the basic program [tier one] allotments and the enrichment
program [guaranteed yield] allotments under Subchapter F, computed
in accordance with this chapter, constitute the total cost of the
Foundation School Program.
(b) The program shall be financed by:
(1) ad valorem tax revenue generated by an equalized
uniform school district effort;
(2) ad valorem tax revenue generated by local school
district effort for an enrichment program in accordance with
Subchapter F in excess of the equalized uniform school district
effort;
(3) state available school funds distributed in
accordance with law; and
(4) state funds appropriated for the purposes of
public school education and allocated to each district in an amount
sufficient to finance the cost of each district's Foundation School
Program not covered by other funds specified in this subsection.
SECTION 1B.17. Subsection (a), Section 42.2512, Education
Code, is amended to read as follows:
(a) In addition to any amounts to which a school district is
entitled under Section 42.2541, a [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 the following
amount, as applicable, [$3,000] 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:
(1) $3,000; or
(2) $3,500, if H.B. No. 3, Acts of the 79th
Legislature, 2nd Called Session, 2005, takes effect immediately [;
and
[(2) an amount equal to 80 percent of the amount of
additional funds to which the district is entitled due to the
increases made by S.B. No. 4, Acts of the 76th Legislature, Regular
Session, 1999, to:
[(A) the equalized wealth level under Section
41.002;
[(B) the basic allotment under Section 42.101;
and
[(C) the guaranteed level of state and local
funds per weighted student per cent of tax effort under Section
42.302].
SECTION 1B.18. Subsection (a), Section 42.2515, Education
Code, is amended to read as follows:
(a) 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.
SECTION 1B.19. The heading to Section 42.252, Education
Code, is amended to read as follows:
Sec. 42.252. LOCAL SHARE OF BASIC PROGRAM COST [(TIER
ONE)].
SECTION 1B.20. Subsection (a), Section 42.252, Education
Code, is amended to read as follows:
(a) Each school district's share of the basic program under
the Foundation School Program is determined by the following
formula:
LFA = TR X DPV
where:
"LFA" is the school district's local share;
"TR" is a tax rate which for each hundred dollars of valuation
is an adopted [effective] tax rate of $1.10 [$0.86]; and
"DPV" is the taxable value of property in the school district
for the preceding tax year determined under Subchapter M, Chapter
403, Government Code.
SECTION 1B.21. Subsection (a), Section 42.2521, Education
Code, is amended to read as follows:
(a) For purposes of Chapter [Chapters 41 and] 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 calculating taxable values in excess
of four percent of the tax base used in the preceding year.
SECTION 1B.22. Section 42.253, Education Code, is amended
by amending Subsections (a), (g), (h), and (i) and adding
Subsections (c-1), (e-2), and (m) to read as follows:
(a) For each school year the commissioner shall determine:
(1) the amount of money to which a school district is
entitled under Subchapters B and C;
(2) the amount of money to which a school district is
entitled under Subchapter F;
(3) the amount of money allocated to the district from
the available school fund;
(4) the amount of each district's basic program [tier
one] local share under Section 42.252; and
(5) the amount of each district's enrichment program
[tier two] local revenue [share] under Section 42.302.
(c-1) Notwithstanding any other provision of this chapter,
with the approval of the commissioner, a school district in which
the number of students in average daily attendance increases as a
result of enrolling students pursuant to an agreement to provide
education services in cooperation with a public charter district is
entitled to receive state revenue for the additional students in an
amount not less than the district's total state and local revenue
per student, including revenue from accreditation allotments and an
enrichment program under Subchapter F, calculated on the basis of
the district's average daily attendance prior to the enrollment of
the additional students.
(e-2) For the 2006-2007 school year, the limit authorized by
Subsection (e) is an amount equal to the sum of the rate described
by Section 42.252 and the rate described by Section 42.303(c)(1).
This subsection expires September 1, 2007.
(g) 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[, including funds in the reserve account. Funds in
the reserve account may not be used under this subsection until any
reserve funds have been used for purposes of Subsection (f)].
(h) If the total amount appropriated for a year for the
Foundation School Program is less than the amount of money to which
school districts are entitled for that year [legislature fails
during the regular session to enact the transfer and appropriation
proposed under Subsection (f) and there are not funds available
under Subsection (j)], the commissioner shall reduce the total
amount of state funds allocated to each district from any source by
an amount determined by a method under which the application of the
same number of cents of increase in enrichment tax rate in all
districts applied to the taxable value of property of each
district, as determined under Subchapter M, Chapter 403, Government
Code, together with any state aid generated by those taxes, results
in a total amount of levy and aid equal to the total reduction. The
following fiscal year, a district's entitlement under this section
is increased by an amount equal to the reduction made under this
subsection.
(i) Not later than March 1 each year, the commissioner shall
determine the actual amount of state funds to which each school
district is entitled under [the allocation formulas in] 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.
(m) Payments from the foundation school fund to each 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 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).
SECTION 1B.23. Subsections (a), (b), and (c), Section
42.2531, Education Code, are amended to read as follows:
(a) The commissioner may make adjustments to amounts due to
a school district under this chapter or Chapter 46, [or to amounts
necessary for a district to comply with the requirements of Chapter
41,] as provided by this section.
(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 to have the district's taxable value of property or ad
valorem tax collections adjusted for purposes of this chapter or
Chapter [41 or] 46. The commissioner may make the adjustment only
to the extent the commissioner determines that making the
adjustment will not:
(1) in the fiscal year in which the adjustment is made,
cause the amount to which school districts are entitled under this
chapter to exceed the amount appropriated for purposes of the
Foundation School Program for that year; and
(2) if the adjustment is made in the first year of a
state fiscal biennium, cause the amount to which school districts
are entitled under this chapter for the second year of the biennium
to exceed the amount appropriated for purposes of the Foundation
School Program for that year.
(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 or ad valorem tax
collections for purposes of this chapter or Chapter [41 or] 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.
SECTION 1B.24. Subchapter E, Chapter 42, Education Code, is
amended by adding Sections 42.2541 and 42.2542 to read as follows:
Sec. 42.2541. ADDITIONAL TRANSITIONAL AID. (a) In this
section, "weighted average daily attendance" has the meaning
assigned by Section 42.302.
(b) Notwithstanding Section 42.253, a school district is
entitled to the amount of state revenue necessary to maintain state
and local revenue in an amount equal to the sum of:
(1) the amount of state and local revenue per student
in weighted average daily attendance for maintenance and operation
of the district that the district received for the 2005-2006 school
year; and
(2) an amount equal to $98 per weighted student in
average daily attendance.
(c) The commissioner may increase the amount to which a
school district is entitled under Subsection (b) as the
commissioner determines necessary.
(d) The commissioner shall:
(1) compute and publish the amount of state and local
revenue per student in weighted average daily attendance to which a
district is entitled under Subsection (b) for the 2006-2007 school
year; and
(2) use that amount per student in weighted average
daily attendance in determining the amount to which a district is
entitled under this section in subsequent school years.
(e) The commissioner shall determine the amount of state
funds to which a school district is entitled under this section,
including the amount per student in weighted average daily
attendance, and shall make that determination available to the
Legislative Budget Board. The commissioner's determination is
final and may not be appealed.
Sec. 42.2542. TEMPORARY LIMITATIONS ON AID.
(a) Notwithstanding any other provision of this subtitle, 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 weighted average
daily attendance that is greater than the following percentage of
the amount to which the district is entitled under Section
42.2541(b)(1):
(1) 108 percent for the 2006-2007 school year;
(2) 116 percent for the 2007-2008 school year; and
(3) 124 percent for the 2008-2009 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 F is not included in determining the amount that a
district may receive under this section.
(d) This section expires September 1, 2009.
SECTION 1B.25. Chapter 42, Education Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. ENRICHMENT PROGRAM
Sec. 42.301. PURPOSE. The purpose of the enrichment
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. 42.302. ALLOTMENT. (a) In this section, "wealth per
student" means a school district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code,
divided by the number of students in weighted average daily
attendance in the district.
(b) 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 is determined by the formula:
EGYA = (EGL X WADA X DETR X 100) - LR
where:
"EGYA" is the guaranteed yield amount of state enrichment
funds to be allocated to the district;
"EGL" is the dollar amount guaranteed level of state and
local funds per student per cent of tax effort, which is the amount
of district enrichment tax revenue per cent of tax effort available
to a school district at the 98th percentile in wealth per student,
as determined by the commissioner;
"WADA" is the number of students in weighted average daily
attendance, which is computed by dividing the sum of the school
district's allotments under Subchapters B and C, less any allotment
to the district for transportation, any allotment to the district
under Section 42.158, and 50 percent of the adjustment under
Section 42.102, by the accreditation allotment for the applicable
year;
"DETR" is the district enrichment tax rate of the school
district, which is determined by dividing the total amount of
enrichment taxes collected by the school district for the
applicable school year by the district's taxable value of property
for the preceding year as determined under Subchapter M, Chapter
403, Government Code, divided by 100; and
"LR" is the local revenue, which is determined by multiplying
"DETR" by the quotient of the district's taxable value of property
for the preceding year as determined under Subchapter M, Chapter
403, Government Code.
(c) The percentile in wealth per student described by
Subsection (b) for purposes of determining the dollar amount
guaranteed level of state and local funds per student per cent of
tax effort ("EGL") applies beginning with the 2014-2015 school
year. For the 2006-2007 through 2013-2014 school years, EGL is
determined as follows:
(1) for the 2006-2007 school year, EGL is determined
using the 92nd percentile in wealth per student;
(2) for the 2007-2008 school year, EGL is determined
using the 92nd percentile in wealth per student;
(3) for the 2008-2009 school year, EGL is determined
using the 93rd percentile in wealth per student;
(4) for the 2009-2010 school year, EGL is determined
using the 93rd percentile in wealth per student;
(5) for the 2010-2011 school year, EGL is determined
using the 94th percentile in wealth per student;
(6) for the 2011-2012 school year, EGL is determined
using the 95th percentile in wealth per student;
(7) for the 2012-2013 school year, EGL is determined
using the 96th percentile in wealth per student; and
(8) for the 2013-2014 school year, EGL is determined
using the 97th percentile in wealth per student.
(d) This subsection and Subsection (c) expire September 1,
2013.
Sec. 42.303. ENRICHMENT TAX. (a) Subject to Section
42.304, the board of trustees of a school district may impose an
annual ad valorem tax for the further maintenance of the public
schools in the district.
(b) The district enrichment tax rate may not exceed $0.15
for each $100 of taxable value of property.
(c) Notwithstanding Subsection (b) but subject to Section
42.306:
(1) for the 2006 tax year, the district enrichment tax
rate may not exceed $0.05 for each $100 of taxable value of
property; and
(2) for the 2007 and 2008 tax years, the district
enrichment tax rate may not exceed $0.10 for each $100 of taxable
value of property.
(d) This subsection and Subsection (c) expire January 1,
2009.
Sec. 42.304. ENRICHMENT TAX ELECTION. (a) Except as
provided by Section 42.306, a school district may not impose an
enrichment tax under Section 42.303 unless authorized by a majority
of the qualified voters of the district voting at an election held
for that purpose.
(b) A proposition submitted to authorize the imposition of
an enrichment tax must include the question of whether the board of
trustees may impose annual ad valorem taxes for the further
enrichment of public schools at a rate not to exceed the rate stated
in the proposition.
(c) A district may tax at a rate below the rate authorized in
an election under this section and does not need additional
authority to increase the rate up to the rate authorized in the
election.
Sec. 42.305. COMPUTATION OF ENRICHMENT AID FOR DISTRICT ON
MILITARY RESERVATION OR AT STATE SCHOOL. The amount to which a
school district is entitled under this subchapter in 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.
Sec. 42.306. ENRICHMENT TAX AVAILABLE TO CERTAIN DISTRICTS
WITHOUT ELECTION. (a) To the extent consistent with Subsection
(b), if a school district's maintenance and operations tax rate for
the 2004 tax year exceeded a rate of $1.50 for each $100 of taxable
value of property, the district is entitled to impose an ad valorem
tax under Section 42.303 without holding an election under Section
42.304.
(b) The enrichment tax authorized by this section may not
exceed a rate equal to the lesser of:
(1) $0.15 for each $100 of taxable value of property;
or
(2) a rate equal to the amount by which the district's
maintenance and operations tax rate for the 2004 tax year exceeded a
rate of $1.50 for each $100 of taxable value of property.
(c) The portion of an enrichment tax imposed by a school
district under this section that exceeds the rate permitted by
Subsection (b) is subject to voter approval under Section 42.304.
(d) The portion of an enrichment tax imposed by a school
district under this section that exceeds the rate permitted by
Subsection (b) is subject to the limits of Section 42.303(c). This
subsection expires January 1, 2009.
SECTION 1B.26. Chapter 42, Education Code, is amended by
adding Subchapter I to read as follows:
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 42.252 exceeds the
district's basic program allotments under Section 42.251 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 1B.27. The heading to Chapter 41, Education Code,
is amended to read as follows:
CHAPTER 41. EQUALIZATION ACTIONS [EQUALIZED WEALTH LEVEL]
SECTION 1B.28. 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 42.254, the commissioner shall
review the local share and basic program allotments [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 1B.29. Subsection (a), Section 41.006, 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 42.302, 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 1B.30. Subsection (a), Section 41.008, 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 1B.31. Subsection (a), Section 41.009, 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 1B.32. 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 1B.33. Subsection (a), Section 41.013, 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 1B.34. Section 41.091, Education Code, is amended
to read as follows:
Sec. 41.091. AGREEMENT. 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 difference between the district's local share under Section
42.252 and the district's basic program allotments under Section
42.251 [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 1B.35. Subsection (a), Section 41.093, 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 1B.36. 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 1B.37. 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 42.252
[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 42.252 by the district's basic program allotment
under Section 42.251.
SECTION 1B.38. This part applies beginning with the
2006-2007 school year, except that Subsection (h), Section 42.253,
Education Code, as amended in this part, applies beginning with the
2005-2006 school year.
PART C. SCHOOL FACILITIES
SECTION 1C.01. Subchapter C, Chapter 45, Education Code, is
amended by adding Section 45.0561 to read as follows:
Sec. 45.0561. PRIORITY FOR CERTAIN BONDS. (a) In
determining which bonds to approve for guarantee under this
subchapter, the commissioner shall give priority to a school
district that has had bonds refunded and defeased under Subchapter
D, Chapter 46.
(b) The commissioner may adopt rules to administer this
section.
SECTION 1C.02. Section 46.006, Education Code, is amended
by adding Subsection (c-1) and amending Subsection (d) to read as
follows:
(c-1) A district's wealth per student is reduced by 25
percent for purposes of this section if the district has had
significant student enrollment growth that, as determined by the
commissioner, is substantially related to the enrollment of
children of military personnel transferred to a military base near
the district following the closure or realignment of another
military base under the Defense Base Closure and Realignment Act of
1990 (10 U.S.C. Section 2687). The reduction is in addition to any
reduction under Subsection (a), (b), or (c) and is computed before
the district's wealth per student is reduced under those
subsections, if applicable.
(d) The commissioner shall adjust the rankings after making
the reductions in wealth per student required by Subsections (a),
(b), [and] (c), and (c-1).
SECTION 1C.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 1C.04. 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 comptroller in cooperation with the agency shall study:
(1) existing instructional facilities in this state;
and
(2) the projected need for instructional facilities in
the next 10 to 20 years.
(b) The study of instructional facilities must include an
examination of the following objectives and any other objectives
determined appropriate by the comptroller and the agency:
(1) a determination as to which of the following needs
of school districts in this state relating to instructional
facilities are the most pressing:
(A) the need for new instructional facilities;
(B) the need for repairs to existing
instructional facilities;
(C) the need for renovations of existing
instructional facilities; and
(D) other needs relating to instructional
facilities;
(2) an estimate of the total cost of necessary
construction, repair, or renovation of instructional facilities in
the next 10 to 20 years;
(3) a determination of the number of school districts
and campuses that have student populations that exceed the maximum
capacity of the districts' or campuses' classrooms, cafeterias, or
gymnasiums, 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; and
(4) a determination of the extent to which
instructional facilities in this state are energy and water use
efficient.
(c) In projecting the need for instructional facilities in
the next 10 to 20 years, the study must determine the facilities
that will need to be constructed, repaired, or renovated in this
state. The study may include:
(1) projections as to the date new instructional
facilities will be needed or the date existing instructional
facilities will need to be repaired or renovated;
(2) information relating to the date of construction
or age of existing instructional facilities; and
(3) information relating to the dates of the most
recent major renovations of existing instructional facilities.
(d) The comptroller and the agency shall determine the
appropriate methodology for use in conducting the study required by
this section.
(e) Not later than December 1, 2006, the comptroller 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 1C.05. Section 46.033, Education Code, is amended
to read as follows:
Sec. 46.033. ELIGIBLE BONDS. Bonds, including bonds issued
under Section 45.006, are eligible to be paid with state and local
funds under this subchapter if:
(1) the district made payments on the bonds during the
2004-2005 [2002-2003] school year or taxes levied to pay the
principal of and interest on the bonds were included in the
district's audited debt service collections for that school year;
and
(2) the district does not receive state assistance
under Subchapter A for payment of the principal and interest on the
bonds.
SECTION 1C.06. Subsection (c), Section 46.034, Education
Code, is amended to read as follows:
(c) If the amount required to pay the principal of and
interest on eligible bonds in a school year is less than the amount
of payments made by the district on the bonds during the 2004-2005
[2002-2003] school year or the district's audited debt service
collections for that school year, the district may not receive aid
in excess of the amount that, when added to the district's local
revenue for the school year, equals the amount required to pay the
principal of and interest on the bonds.
SECTION 1C.07. Chapter 46, Education Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. REFUNDING TO INCREASE PERMANENT SCHOOL FUND CAPACITY
Sec. 46.091. DEFINITIONS. In this subchapter:
(1) "Allocated revenue" means that portion of state
assistance under Subchapter A or B equal to the scheduled debt
service payments in effect immediately before the refunding of
eligible bonds being refunded under this subchapter.
(2) "Authority" means the Texas Public Finance
Authority.
(3) "Authority obligation" means any type of revenue
obligation, including a bond, note, certificate, or other
instrument issued under this subchapter. The term includes an
obligation issued to refund an obligation issued under this
subchapter.
(4) "Credit agreement" has the meaning assigned by
Section 1371.001, Government Code.
(5) "Obligation administrative expenses" means
expenses incurred in administering authority obligations,
including:
(A) administrative expenses incurred by the
commissioner or the authority relating to the administration of
this subchapter; and
(B) fees for:
(i) paying agents, trustees, and attorneys;
(ii) other professional services necessary
to ensure compliance with applicable state or federal law; and
(iii) a school district with eligible bonds
refunded under this subchapter, professional service expenses in an
amount approved by the commissioner.
Sec. 46.092. ISSUANCE OF AUTHORITY OBLIGATIONS. (a) If
the commissioner determines that it is feasible to refund eligible
school district bonds as provided by this subchapter, the
commissioner may request that the authority issue authority
obligations necessary to accomplish the refunding. On request of
the commissioner, the authority shall issue authority obligations,
in accordance with Title 9, Government Code, in an amount
sufficient to:
(1) refund eligible bonds;
(2) pay all obligation administrative expenses;
(3) pay the costs of issuing the authority
obligations;
(4) pay the costs of any credit agreement; and
(5) provide any reserve funds.
(b) Authority obligations and any related credit agreements
must be secured by allocated revenue.
(c) The commissioner's request for the issuance of
authority obligations must state:
(1) the maximum principal amount of bonds to be
refunded under this subchapter;
(2) the maximum term of bonds to be refunded; and
(3) the amount of state assistance under Subchapter A
or B to support the payment of the bonds to be refunded.
(d) To best achieve the economic goals of this subchapter
and accomplish the borrowing at the lowest practicable cost, the
authority may determine:
(1) the method of sale of authority obligations;
(2) the type and form of obligation;
(3) the maximum interest rates and other terms of
authority obligations; and
(4) the need for related credit agreements.
(e) The authority shall certify to the commissioner that
each series of authority obligations issued under this subchapter
will result in an aggregate present value savings.
(f) Section 46.007 does not apply to the issuance of
authority obligations under this subchapter.
Sec. 46.093. ELIGIBILITY OF BONDS FOR REFUNDING. School
district bonds are eligible for refunding under this subchapter if:
(1) the district receives state assistance for payment
of the bonds under Subchapter A or B; and
(2) the principal and interest of the bonds are
guaranteed by the permanent school fund under Subchapter C, Chapter
45.
Sec. 46.094. IDENTIFICATION OF ELIGIBLE BONDS; NOTICE TO
SCHOOL DISTRICTS. (a) If the commissioner determines that it is
feasible to refund eligible school district bonds as provided by
this subchapter, the commissioner shall periodically identify
which outstanding school bonds are eligible for refunding under
this subchapter. The commissioner shall notify the school
districts issuing the bonds that:
(1) the bonds are subject to being refunded and
defeased through the issuance of authority obligations; and
(2) a school district whose bonds are refunded under
this subchapter is entitled to priority in the allocation of
resulting increases in the capacity of the permanent school fund to
guarantee school district bonds under Subchapter C, Chapter 45, as
provided by Section 45.0561.
(b) The district may elect to direct the commissioner to
include any of the district's eligible bonds for consideration for
refunding under this subchapter. If the district does not elect to
direct the commissioner to include the district's bonds for
consideration for refunding within the time prescribed by this
subsection, the bonds may not be refunded under this subchapter.
(c) Notice under Subsection (a) must:
(1) identify the bonds the commissioner proposes to
refund under this subchapter;
(2) state that the school district may elect to direct
the commissioner to include any of the district's bonds for
consideration for refunding; and
(3) advise the district of:
(A) the effect of electing to have the bonds
considered for refunding; and
(B) the effect of not electing to have the bonds
considered for refunding.
Sec. 46.095. AGREEMENT BETWEEN COMMISSIONER AND AUTHORITY.
(a) To permit the authority to pledge allocated revenue to the
payment of authority obligations, the commissioner shall enter into
an agreement with the authority under which:
(1) the commissioner, acting on behalf of each school
district whose bonds are being refunded under this subchapter, may
pledge the allocated revenue to secure the payment of the principal
of and interest and premium on authority obligations; and
(2) each school year, the commissioner shall allocate
and distribute to the authority allocated revenue equal to the
scheduled debt service payments for that year on the bonds being
refunded.
(b) An agreement under this section must state that the
funding for allocated revenue is subject to legislative
appropriation. A distribution to the authority under the agreement
is considered to be a distribution for purposes of Section 46.009.
If the commissioner determines that the amount appropriated for any
year for allocated revenue is insufficient, the commissioner may
act under Section 46.009(b) to ensure the sufficiency of allocated
revenue.
Sec. 46.096. USE OF PROCEEDS OF AUTHORITY OBLIGATIONS.
(a) The authority shall use the proceeds of authority obligations,
less the cost of issuing those obligations and the cost of
administrative expenses incurred by the commissioner or the
authority relating to the administration of this subchapter, to
refund and defease eligible bonds as requested by the commissioner.
To accomplish the refunding and defeasance:
(1) the commissioner, on behalf of the school
districts issuing the bonds, may:
(A) exercise any reserved right of optional
redemption; and
(B) issue any required notice of redemption and
defeasance; and
(2) the authority, on behalf of the districts issuing
the bonds, may enter into escrow agreements and purchase escrow
securities as provided by Chapter 1207, Government Code, with the
same effect under that chapter as if the authority were the issuer
of the bonds being refunded and defeased.
(b) The authority shall provide to a school district whose
bonds are refunded under this subchapter appropriate documentation
showing that the bonds have been refunded and defeased.
Sec. 46.097. PAYMENT OF OBLIGATION ADMINISTRATIVE
EXPENSES. After paying the current debt service on authority
obligations, the authority may use allocated revenue to pay
obligation administrative expenses.
Sec. 46.098. DISTRIBUTION OF ALLOCATED REVENUE IN EXCESS OF
DISTRICT'S ENTITLEMENT TO STATE ASSISTANCE. (a) If the
commissioner allocates and distributes to the authority allocated
revenue for a school district's bonds refunded under this
subchapter in an amount in excess of the state assistance to which
the district is entitled in connection with all of the district's
bonds, the district shall reimburse the commissioner in the amount
of the excess.
(b) If a school district elects not to reimburse the
commissioner in the amount of excess state assistance as required
under Subsection (a), the commissioner shall direct the comptroller
to withhold the amount of the excess from the succeeding payment of
state assistance payable to the school district and credit the
amount to the account or accounts from which the excess payment was
made.
(c) A school may reimburse the commissioner under this
section from any lawfully available source.
Sec. 46.099. REFUNDING OF AUTHORITY OBLIGATIONS. The
authority may issue authority obligations to refund any previously
issued authority obligations if the authority by resolution
determines that the issuance of refunding obligations will result
in the lowest practicable borrowing cost to the state and school
districts with outstanding eligible bonds.
Sec. 46.100. AUTHORITY OBLIGATIONS NOT A PLEDGE OF STATE'S
CREDIT. (a) Authority obligations and any related credit
agreements are not:
(1) a debt of the state, a state agency, or a political
subdivision of the state; or
(2) a pledge of the faith and credit or taxing power of
the state, a state agency, or a political subdivision of the state.
(b) Authority obligations and any related credit agreements
are payable solely from allocated revenue pledged to the payment of
those obligations.
(c) Subject to the limitations of Subsection (a), as long as
authority obligations are outstanding, the state may not:
(1) take any action to limit or restrict the
authority's responsibility to pay the authority obligations; or
(2) in any way impair the rights and remedies of the
owners of authority obligations.
(d) The reallocation of allocated revenue to secure
authority obligations to refund school district bonds is:
(1) consistent with the original authorization,
allocation, and application of state assistance under Subchapter A
or B;
(2) in furtherance of any covenants, agreements, or
undertakings by school districts or the commissioner to cause
allocated revenue to be credited to debt service funds for school
district bonds; and
(3) consistent with all statutory and regulatory
dedications and restrictions on the allocated revenue.
ARTICLE 2. EDUCATION EXCELLENCE
PART A. EDUCATION EMPLOYEES
SECTION 2A.01. Section 11.201, Education Code, is amended
by adding Subsection (e) 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 business with or solicits business
from 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.
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 operate a school
leadership pilot program for principals in accordance with this
section.
(b) The agency shall operate the program 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.
(c) The agency shall consult appropriate departments at
institutions of higher education to develop program course work
that focuses on management and business training.
(d) 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.
(e) 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.
(f) 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 42.253.
(g) To implement and administer the program, the
commissioner may accept grants, gifts, and donations from public
and private entities.
(h) The commissioner may adopt rules necessary to
administer this section.
(i) This section expires September 1, 2010.
SECTION 2A.03. Subsection (a), Section 21.003, 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.04. Section 21.045, Education Code, is amended
by amending Subsections (a) and (b) and adding Subsection (e) to
read as follows:
(a) The board shall propose rules establishing standards to
govern the approval and continuing accountability of all educator
preparation programs based on information that is disaggregated
with respect to sex and ethnicity and that includes:
(1) results of the certification examinations
prescribed under Section 21.048(a); [and]
(2) performance based on the appraisal system for
beginning teachers adopted by the board;
(3) performance of students taught by beginning
teachers, as determined on the basis of annual individual student
growth in achievement, as measured under Section 39.034, and any
other factor considered appropriate by the board; and
(4) retention rates of beginning teachers in the
profession.
(b) Each educator preparation program shall submit data
elements as required by the board for an annual performance report
to ensure access and equity. At a minimum, the annual report must
contain the performance data from Subsection (a), other than the
data required for purposes of Subsection (a)(3), and the following
information, disaggregated by sex and ethnicity:
(1) the number of candidates who apply;
(2) the number of candidates admitted;
(3) the number of candidates retained;
(4) the number of candidates completing the program;
(5) the number of candidates employed in the
profession after completing the program; and
(6) the number of candidates retained in the
profession.
(e) The agency shall annually submit student performance
data to the board for purposes of Subsection (a)(3). The agency
shall provide the data to the board in a manner that protects the
names of individual students and otherwise complies with the
confidentiality requirements prescribed by Section 39.030.
SECTION 2A.05. Subsection (a), Section 21.104, Education
Code, is amended to read as follows:
(a) A teacher employed under a probationary contract may be
discharged at any time for:
(1) good cause as determined by the board of trustees;
or
(2) a financial exigency that requires a reduction in
personnel[, good cause being the failure to meet the accepted
standards of conduct for the profession as generally recognized and
applied in similarly situated school districts in this state].
SECTION 2A.06. Subchapter C, Chapter 21, Education Code, is
amended by adding Section 21.1041 to read as follows:
Sec. 21.1041. HEARING FOR CERTAIN DISCHARGES UNDER
PROBATIONARY CONTRACT. (a) If the board of trustees proposes to
discharge a teacher under Section 21.104(a)(2), the board shall
give written notice of the proposed action to the teacher.
(b) If the teacher desires a hearing after receiving notice
of the proposed discharge, the teacher shall notify the board of
trustees in writing, not later than the 15th day after the date the
teacher receives the notice of the proposed action. The board shall
provide for a hearing to be held not later than the 15th day after
the date the board receives the request for a hearing unless the
parties agree in writing to a different date. The hearing must be
closed unless the teacher requests an open hearing. The hearing
must be conducted in accordance with rules adopted by the board. At
the hearing, the teacher may:
(1) be represented by a representative of the
teacher's choice;
(2) hear the evidence supporting the reason for the
discharge;
(3) cross-examine adverse witnesses; and
(4) present evidence.
(c) After a hearing held under Subsection (b), the board of
trustees shall:
(1) take the appropriate action to discharge the
teacher or allow the teacher to complete the probationary contract
term; and
(2) notify the teacher in writing of its decision not
later than the 15th day after the date of the hearing.
(d) If the teacher does not request a hearing under
Subsection (b), the board of trustees shall take the appropriate
action to discharge the teacher and shall notify the teacher in
writing of that action not later than the 30th day after the date
the notice of proposed discharge for a financial exigency that
requires a reduction in personnel was sent to the teacher.
SECTION 2A.07. Subchapter E, Chapter 21, Education Code, is
amended by adding Section 21.2111 to read as follows:
Sec. 21.2111. HEARING FOR CERTAIN DISCHARGES UNDER TERM
CONTRACT. (a) If the board of trustees proposes to discharge a
teacher under Section 21.211(a)(2), the board shall give written
notice of the proposed action to the teacher.
(b) If the teacher desires a hearing after receiving notice
of the proposed discharge, the teacher shall notify the board of
trustees in writing, not later than the 15th day after the date the
teacher receives the notice of the proposed action. The board shall
provide for a hearing to be held not later than the 15th day after
the date the board receives the request for a hearing unless the
parties agree in writing to a different date. The hearing must be
closed unless the teacher requests an open hearing. The hearing
must be conducted in accordance with rules adopted by the board. At
the hearing, the teacher may:
(1) be represented by a representative of the
teacher's choice;
(2) hear the evidence supporting the reason for the
discharge;
(3) cross-examine adverse witnesses; and
(4) present evidence.
(c) After the hearing, the board of trustees shall:
(1) take the appropriate action to discharge the
teacher or allow the teacher to complete the current contract term;
and
(2) notify the teacher in writing of its decision not
later than the 15th day after the date of the hearing.
(d) If the teacher does not request a hearing under
Subsection (b), the board of trustees shall take the appropriate
action to discharge the teacher and shall notify the teacher in
writing of that action not later than the 30th day after the date
the notice of proposed discharge for a financial exigency that
requires a reduction in personnel was sent to the teacher.
SECTION 2A.08. Section 21.251, Education Code, is amended
to read as follows:
Sec. 21.251. APPLICABILITY. (a) This subchapter applies
if a teacher requests a hearing after receiving notice of the
proposed decision to:
(1) terminate the teacher's continuing contract at any
time;
(2) except as provided by Subsection (b)(3), terminate
the teacher's probationary or term contract before the end of the
contract period; or
(3) suspend the teacher without pay.
(b) This subchapter does not apply to:
(1) a decision to terminate a teacher's employment at
the end of a probationary contract; [or]
(2) a decision not to renew a teacher's term contract,
unless the board of trustees of the employing district has decided
to use the process prescribed by this subchapter for that purpose;
or
(3) a decision to terminate a teacher's probationary
contract or term contract before the end of the contract period for
a financial exigency that requires a reduction in personnel.
SECTION 2A.09. Subsection (a), Section 21.301, Education
Code, is amended to read as follows:
(a) Not later than the 20th day after the date the board of
trustees or board subcommittee announces its decision under Section
21.259, [or] the board advises the teacher of its decision not to
renew the teacher's contract under Section 21.208, or the board
advises the teacher of its decision to terminate the teacher's
probationary contract under Section 21.1041(c) or (d) or term
contract under Section 21.2111(c) or (d), the teacher may appeal
the decision by filing a petition for review with the commissioner.
SECTION 2A.10. Subsection (a), Section 21.303, Education
Code, is amended to read as follows:
(a) If the board of trustees decided not to renew a
teacher's term contract or decided to terminate a teacher's
probationary contract under Section 21.1041(c) or (d) or term
contract under Section 21.2111(c) or (d), the commissioner may not
substitute the commissioner's judgment for that of the board of
trustees unless the decision was arbitrary, capricious, or unlawful
or is not supported by substantial evidence.
SECTION 2A.11. Section 21.402, Education Code, is amended
by amending Subsections (a), (c), and (d) and adding Subsections
(a-1), (a-2), (c-1), (c-2), and (d-1) to read as follows:
(a) Except as provided by Subsection (a-1), (a-2), (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,
determined by the following formula:
MS = SF x AA [FS]
where:
"MS" is the minimum monthly salary;
"SF" is the applicable salary factor specified by Subsection
(c); and
"AA" is the accreditation allotment under Section 42.101
["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].
(a-1) A school district is not required to pay the minimum
salary determined under Subsection (a) to an educator who receives
a service retirement annuity under Chapter 824, Government Code.
(a-2) A school district is not required to pay the minimum
salary determined under Subsection (a) to an educator who does not
hold a lifetime or standard certificate and who holds a
probationary, temporary, or emergency educator certificate.
(c) The salary 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 2006-2007 [2000-2001] school year.
(d-1) A classroom teacher, full-time librarian, full-time
counselor certified under Subchapter B, or full-time nurse may
elect to receive a portion of the person's annual salary as health
care supplementation as provided by Chapter 1580, Insurance Code.
SECTION 2A.12. 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 if the mentor:
(1) teaches in the same school;
(2) to the extent practicable, teaches the same
subject or grade level, as applicable; and
(3) meets 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 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 subsection 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.
(f) If insufficient funds are appropriated to the agency for
purposes of this section, in providing funding under this section
the commissioner shall give preference to a school district:
(1) that has an unsatisfactory teacher retention rate;
(2) that has an unsatisfactory high school graduation
rate;
(3) that has an unsatisfactory dropout rate; or
(4) in which a high percentage of district students
perform unsatisfactorily on assessment instruments administered
under Section 39.023.
(g) The commissioner shall annually evaluate the
effectiveness of school district mentor programs established under
this section. The evaluation must consider:
(1) the performance of students in districts that
assign mentor teachers under this section on assessment instruments
administered under Section 39.023;
(2) the districts' high school graduation rates; and
(3) the districts' teacher attrition rates.
SECTION 2A.13. 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 whose students demonstrate
successful annual individual student growth in achievement.
(b) From funds appropriated for the purpose of this
subchapter, the commissioner shall award incentive payments to each
school district with a local incentive plan approved by the
commissioner. The commissioner shall distribute the incentive
payments each year to a qualifying school district on the basis of
the district's actual average daily attendance for the preceding
school year. The total amount of incentive payments made to school
districts from funds appropriated for the incentive program under
this subchapter may not exceed $100 million each fiscal year.
(b-1) The commissioner may not award incentive payments to
school districts under this subchapter before the 2006-2007 school
year. This subsection expires September 1, 2007.
(c) Except as provided by Subsections (d) and (e), each year
a school district shall use funds received by the district under
this subchapter to provide campus-based incentive payments in
accordance with this subchapter.
(d) A school district with an enrollment of less than 1,600
may use all of the funds received under this subchapter to provide
stipends under Subsection (e).
(e) A school district may use an amount not to exceed 50
percent of the funds received under this subchapter to provide
stipends to:
(1) teachers who are certified in a curriculum subject
area in which the district is experiencing a shortage of qualified
teachers, as determined by the commissioner;
(2) teachers who serve as mentors in accordance with
Section 21.458;
(3) teachers who are assigned, during the first three
years of the assignment, to a campus that is difficult to staff,
according to standards established by the board of trustees of the
district, including a rural or academically unacceptable campus;
and
(4) teachers who are certified by the National Board
for Professional Teaching Standards or who are seeking that
certification.
(f) The commissioner shall adopt rules necessary to
implement this subchapter. In adopting rules, the commissioner
shall:
(1) include criteria and guidelines for evaluating
local incentive plans; and
(2) encourage local flexibility in designing local
incentive plans that promote student achievement.
(g) The commissioner shall annually evaluate the
effectiveness of the educator excellence 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 and
participating campuses under this section on assessment
instruments administered under Section 39.023;
(2) the districts' and participating campuses' high
school graduation and completion rates; and
(3) the districts' and participating campuses' teacher
attrition rates.
Sec. 21.652. MINIMUM CRITERIA FOR LOCAL INCENTIVE PLANS.
(a) A school district shall develop a local incentive plan for
rewarding successful annual individual student growth in
achievement in the district and submit the plan to the commissioner
for approval.
(b) A local incentive plan must be designed to reward
campuses.
(c) 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 annual
individual student growth in 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.
(d) 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.
(e) 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 school district shall indicate that any incentive
payment distributed is considered a bonus for performance and not
an entitlement as part of an employee's salary.
Sec. 21.654. DECISION REGARDING INCENTIVE PAYMENTS. A
decision in providing an incentive payment under a local incentive
plan approved under this subchapter is final and may not be
appealed.
SECTION 2A.14. Subchapter A, Chapter 22, Education Code, is
amended by adding Section 22.008 to read as follows:
Sec. 22.008. WAGE INCREASE FOR SUPPORT STAFF. (a) A
school district each school year shall pay each full-time district
employee, other than an administrator or an employee subject to the
minimum salary schedule under Section 21.402, an amount at least
equal to $1,000.
(b) A school district each school year shall pay each
part-time district employee, other than an administrator, an amount
at least equal to $500.
(c) A school district employee entitled to a wage increase
under this section may elect to receive a portion of the person's
annual wages as health care supplementation as provided by Chapter
1580, Insurance Code.
(d) A payment under this section is in addition to wages the
district would otherwise pay the employee during the school year.
SECTION 2A.15. 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.16. Effective September 1, 2006, Subchapter D,
Chapter 54, Education Code, is amended by adding Section 54.220 to
read as follows:
Sec. 54.220. CHILDREN OF CLASSROOM TEACHERS. (a) In this
section:
(1) "Child" means a child of any age, including an
adult child. The term includes an adopted child.
(2) "Classroom teacher" has the meaning assigned by
Section 5.001.
(b) For purposes of this section, a person is another
person's child if the other person is the person's natural or
adoptive parent, managing or possessory conservator, or legal
guardian.
(c) The governing board of an institution of higher
education shall exempt from the payment of tuition or from the
payment of required fees for an academic year an eligible
undergraduate student who is a child of an eligible classroom
teacher and is designated by the classroom teacher to receive the
exemption.
(d) A classroom teacher is eligible to designate the
teacher's child to receive an exemption under this section for an
academic year if, at the beginning of the academic year, the teacher
is employed full-time as a classroom teacher by a school district in
this state and maintains that employment throughout the school year
that corresponds to the academic year.
(e) An undergraduate student is eligible for an exemption
for an academic year under this section only if the student is a
resident of this state for purposes of Subchapter B or is otherwise
entitled to pay tuition and fees at the rate provided for residents
of this state. A student who receives an exemption for an initial
academic period is eligible for an exemption for a subsequent
academic period only if the student has earned an overall grade
point average of at least 2.5 on a four-point scale or the
equivalent on course work previously attempted at institutions of
higher education.
(f) On the completion of a classroom teacher's 15th year of
service, the teacher earns either an exemption from the payment of
tuition or an exemption from the payment of required fees for one
academic year for the benefit of one child. For each year of
service that exceeds 15 years, the classroom teacher earns an
additional tuition exemption or an additional fee exemption for one
academic year for the benefit of one child. The classroom teacher
may elect the type of exemption the child may receive under this
section at the time the teacher designates the child to receive the
exemption. The exemption earned by a classroom teacher for one year
of service may be used for the benefit of only one child. Years of
service as a classroom teacher are not required to be consecutive.
A classroom teacher may not designate a child to receive an
exemption under this section for an academic year unless the
teacher's most recent five years of service were in this state.
(g) A classroom teacher with at least 19 years of service
may elect to use any earned but unused exemptions toward the payment
of both the tuition and the required fees of one child during an
academic year or to use the unused exemptions toward the payment of
the tuition or the required fees, or both tuition and fees as
permitted by the number of unclaimed exemptions, of more than one
child during an academic year. Two classroom teachers may
aggregate years of service to earn one or more exemptions for the
benefit of one or more of their children in common, but each
classroom teacher must maintain eligibility under Subsection (d)
during the academic period for which the exemption is used.
(h) If an undergraduate student fails to meet any
eligibility requirement of Subsection (e) for an academic period,
the student may not receive an exemption under this section for that
academic period. An undergraduate student may become eligible to
receive the exemption in a subsequent academic period of the same
academic year if the student reestablishes eligibility before that
period begins.
(i) If a classroom teacher whose child receives an exemption
earned by the teacher under this section does not remain employed as
required by Subsection (d), the student may not receive an
exemption for a subsequent academic period of the same academic
year under this section until the next academic period that begins
after the classroom teacher reestablishes eligibility under
Subsection (d).
(j) An institution of higher education may require an
undergraduate student to pay prorated tuition or required fees, as
applicable, for an academic period if the student's eligibility for
the exemption under Subsection (e) or the teacher's eligibility for
the exemption under Subsection (d) is lost during that period.
(k) An undergraduate student is not eligible to receive an
exemption under this section if the person:
(1) subject to Subsection (l), has previously received
an exemption under this section for four academic years at any
institution or institutions of higher education; or
(2) has received a baccalaureate degree.
(l) An undergraduate student who, for any reason other than
a loss of relevant eligibility of the student or the classroom
teacher, fails to use an exemption from the payment of tuition or an
exemption from the payment of required fees in one or more academic
periods in the academic year for which the student is designated to
receive the exemption may carry forward and use that exemption in an
academic period of substantially similar length in a subsequent
academic year. The student may use only one exemption for each
academic period under this subsection unless the use of more than
one exemption is permitted under Subsection (g).
(m) The Texas Higher Education Coordinating Board shall
adopt:
(1) rules prescribing procedures by which a classroom
teacher may designate a child to receive an exemption under this
section, including rules relating to the determination of a
student's eligibility for an exemption or a classroom teacher's
eligibility to designate a child to receive an exemption;
(2) rules to allow an otherwise eligible student to
receive an exemption under this section if the student is unable to
satisfy the grade point average requirement of Subsection (e)
solely as a result of a hardship or other good cause; and
(3) a uniform application form for an exemption under
this section.
(n) The legislature shall account in the General
Appropriations Act for the exemptions authorized by this section in
a manner that provides a corresponding increase in the general
revenue funds appropriated to the institution granting an
exemption.
(o) Notwithstanding any other provision of this section,
only the following undergraduate students who meet the eligibility
requirements of Subsection (e) are eligible to receive an exemption
under this section:
(1) in the 2006-2007 academic year, a student who has
completed less than 30 semester credit hours at any institution of
higher education;
(2) in the 2007-2008 academic year, a student who has
completed less than 60 semester credit hours at any institution of
higher education; and
(3) in the 2008-2009 academic year, a student who has
completed less than 90 semester credit hours at any institution of
higher education.
(p) This subsection and Subsection (o) expire September 1,
2009.
SECTION 2A.17. Subsection (e), Section 11.201, 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 2A.18. (a) As soon as possible after September 1,
2005, the State Board for Educator Certification 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 State Board for Educator Certification 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.
SECTION 2A.19. Sections 21.104, 21.251, 21.301, and 21.303,
Education Code, as amended by this Act, and Sections 21.1041 and
21.2111, Education Code, as added by this Act, apply only to a
discharge under a probationary or term contract for which written
notice of the proposed discharge is given to a teacher on or after
September 1, 2005. A discharge under a probationary or term
contract for which written notice of the proposed discharge is
given to a teacher before September 1, 2005, is governed by the law
in effect when the notice is given, and the former law is continued
in effect for that purpose.
SECTION 2A.20. Subsection (a-1), Section 21.402, Education
Code, as added by this Act, does not apply to the salary of an
educator employed under a contract entered into before the
effective date of this Act.
SECTION 2A.21. Subsection (a-2), Section 21.402, Education
Code, as added by this Act, does not apply to the salary of an
educator employed under a contract entered into before the
effective date of this Act.
SECTION 2A.22. The Texas Higher Education Coordinating
Board shall adopt rules and forms for the administration of Section
54.220, Education Code, as added by this Act, not later than January
1, 2006.
PART B. ADMINISTRATIVE EFFICIENCY
SECTION 2B.01. 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, open-enrollment charter school,
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, district, or school official or an authorized
representative of an institution of higher education to
electronically transfer and retrieve student information generally
found in student transcripts, including information concerning a
student's course or grade completion and assessment instrument
results, to and from an educational institution in which the
student is enrolled.
(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, open-enrollment charter schools, and
institutions of higher education.
(e) 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.
(f) 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.
(g) 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.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
open-enrollment charter schools 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 2B.03. Subchapter B, Chapter 7, Education Code, is
amended by adding Section 7.033 to read as follows:
Sec. 7.033. QUALITY MANAGEMENT CERTIFICATION PROGRAM.
(a) The commissioner by rule shall adopt a quality management
certification program to encourage school districts and
open-enrollment charter schools to obtain International
Organization for Standardization ISO 9000 quality management
certification.
(b) The commissioner by rule shall identify areas of
compliance in which the quality management certification program
would enhance performance, including:
(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.
(c) For each school district or open-enrollment charter
school that obtains International Organization for Standardization
ISO 9000 series quality management program certification, the
commissioner by rule shall require specific performance measures
that relate to improvement in:
(1) student performance;
(2) administrative efficiency;
(3) business processes; and
(4) integration and use of educational technology.
(d) For purposes of compliance monitoring, discretionary
grant administration, and reporting to the Public Education
Information Management System (PEIMS) and under the Education
Flexibility Partnership Act of 1999 (20 U.S.C. Section 5891a et
seq.), the commissioner by rule shall develop a method for
recognizing a school district or open-enrollment charter school
that receives and maintains International Organization for
Standardization ISO 9000 quality management certification.
SECTION 2B.04. 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) 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.
(d) The commissioner may require a district or an
open-enrollment charter school to enter into an agreement for a
cooperative shared service arrangement if the commissioner
determines that the financial management performance of the
district or school is unsatisfactory.
SECTION 2B.05. Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.169 to read as follows:
Sec. 11.169. CERTIFICATION FOR QUALITY MANAGEMENT
STANDARDS. Each school district may apply for International
Organization for Standardization ISO 9000 certification for
quality management standards and apply for renewal of that
certification, as applicable.
SECTION 2B.06. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.0022 to read as follows:
Sec. 28.0022. CURRICULUM MANAGEMENT ASSISTANCE. (a) The
commissioner shall identify available curriculum management
materials recommended by school districts that may be used to
assist school districts in:
(1) understanding the depth and complexity of the
essential knowledge and skills identified under Section 28.002(c)
for each subject in the foundation curriculum under Section
28.002(a)(1); and
(2) based on learning standards:
(A) developing model instructional plans and
diagnostic tools;
(B) aligning curriculum objectives to district
instructional resources; and
(C) differentiating instruction in recognition
of the needs of individual students.
(b) Unless otherwise prohibited by law, the commissioner
may use federal funds to implement this section.
(c) Not later than January 1, 2007, the commissioner shall
prepare and submit to the legislature a report that describes in
detail:
(1) the curriculum management materials identified
under Subsection (a);
(2) the costs associated with making the materials
available to school districts; and
(3) the manner in which technological applications may
be used to make the materials available and allow school districts
to use the materials.
(d) Subsection (c) and this subsection expire January 31,
2007.
SECTION 2B.07. Subchapter C, Chapter 29, Education Code, is
amended by adding Sections 29.092, 29.093, and 29.094 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 open-enrollment charter
schools 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 open-enrollment charter school 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 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.
(e) A school district or open-enrollment charter school
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.
(f) The agency shall make available research-based guidance
to districts and open-enrollment charter schools to enable
successful implementation of the academic and support services
described by Subsection (e) that assist students at risk of
dropping out of school to succeed in school.
(g) Not later than November 1 of each year, a school
district or open-enrollment charter school may submit an
application for funding for programs or services under this
section. The school district or open-enrollment charter school
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 (f), 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
open-enrollment charter schools 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 open-enrollment charter
schools 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 open-enrollment charter schools 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 open-enrollment charter schools;
(B) make recommendations for the potential use of
the data, including the best methods to disseminate the information
to parents and school districts and open-enrollment charter
schools; 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 open-enrollment charter
schools 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 42.253.
(e) This section expires September 1, 2010.
Sec. 29.094. 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 open-enrollment charter
schools 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, by open-enrollment charter
school, and statewide; and
(3) a system for scoring and ranking school districts
and open-enrollment charter schools, including criteria for
establishing school district and open-enrollment charter school
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
open-enrollment charter schools 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 2B.08. 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 2009-2010
school year. For the 2006-2007, 2007-2008, and 2008-2009 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 2006-2007 school year, at least 50
percent;
(2) for the 2007-2008 school year, at least 55
percent; and
(3) for the 2008-2009 school year, at least 60
percent.
(a-2) Subsection (a-1) and this subsection expire August 1,
2009.
(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 2B.09. 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 C. ACCOUNTABILITY
SECTION 2C.01. Subchapter A, Chapter 7, Education Code, is
amended by adding Section 7.007 to read as follows:
Sec. 7.007. PUBLIC ACCESS TO PEIMS DATA. (a) The
commissioner by rule shall adopt procedures to make available,
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 2C.02. Subsection (j), Section 28.006, 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 2C.03. Effective September 1, 2006, Subchapter B,
Chapter 28, Education Code, is amended by adding Section 28.027 to
read as follows:
Sec. 28.027. FUNDING FOR COLLEGE ENTRANCE ASSESSMENTS.
(a) The agency shall pay for any student who chooses to take, on
one occasion, an assessment instrument that is currently accepted
by colleges and universities for use in determining admissions.
The agency shall reduce the amount the agency pays for a student to
take the assessment instrument by the amount of any discount or fee
waiver offered by the vendor of the assessment instrument to which
the student is entitled. The agency shall pay the fee for the
administration of the assessment instrument directly to the vendor
of the assessment instrument:
(1) from funds appropriated for the purpose; or
(2) if funds are not appropriated for the purpose,
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 42.253.
(b) The agency shall ensure that vendors are not paid under
Subsection (a) for the administration of an assessment instrument
to a student to whom the assessment instrument is not actually
administered. The agency may comply with this subsection by any
reasonable means, including by creating a refund system under which
a vendor returns any payment made for a student who registered for
the administration of an assessment instrument but did not appear
for the administration.
(c) The agency shall select and approve vendors of the
specific assessment instruments for which funding is provided under
this section.
(d) The agency shall compile the results of any assessment
instrument for which funding is provided under this section and
make the results available to the public in a manner that does not
identify individual students.
SECTION 2C.04. Subsections (b) and (d), Section 29.053,
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 2C.05. 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. 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 must inform a student's
parent of a student's exit 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 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) 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; or [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 2C.06. 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 2C.07. 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 9
through 12 who have dropped out of school or who are at risk of
dropping out of school.
(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 shall compute average daily attendance
for students served under this section for purposes of determining
state funding. In computing average daily attendance for purposes
of this section, a student may accumulate hours of instruction.
Funding under this subsection is determined based on the number of
instructional days provided in the district calendar and a
seven-hour school day. Hours of attendance under this subsection
may be accumulated over the school year, including any summer or
vacation sessions, to determine average daily attendance. The
attendance of a student who accumulates less than the number of
attendance hours required under this subsection shall be
proportionately reduced for funding purposes. The commissioner may
set a maximum funding amount for an individual course under this
section.
(e) The commissioner may adopt rules for the administration
of this section.
SECTION 2C.08. Effective September 1, 2006, Subchapter D,
Chapter 29, Education Code, is amended by adding Section 29.124 to
read as follows:
Sec. 29.124. PERFORMANCE STANDARDS; STATE FUNDING.
(a) The commissioner shall adopt the performance standards
developed by the agency under the pilot project required by Rider
52, page III-17, Chapter 1330, Acts of the 78th Legislature,
Regular Session, 2003 (the General Appropriations Act), for
assessing the performance in English language arts, mathematics,
science, and social studies of students in a program for gifted and
talented students. The commissioner may adopt performance
standards for assessing the performance in other subjects or at
other grade levels of students in a program for gifted and talented
students. The commissioner shall establish the minimum level of
student performance necessary to comply with the performance
standards and may periodically raise the minimum level as the
commissioner determines necessary.
(b) A school district is not required to use the performance
standards adopted under Subsection (a).
(c) From funds appropriated for that purpose, for each
student who meets the minimum level of performance on the
performance standards adopted under Subsection (a), a school
district is entitled to $100. A school district must use funds
received under this subsection in providing a program for gifted
and talented students under this subchapter. The amount
appropriated for any fiscal year for purposes of this subsection
may not exceed $6 million.
(d) The commissioner may adopt rules necessary to
administer this section.
(e) From the funds appropriated under this section, the
commissioner may designate an amount necessary to fund the agency's
administrative costs of implementing this section.
SECTION 2C.09. 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 2C.10. Section 37.008, Education Code, is amended
by adding Subsection (n) to read as follows:
(n) 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 2C.11. 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 2C.12. Section 39.023, Education Code, is amended
by amending Subsections (a) through (e), (i), (j), (l), (m), and (n)
and adding Subsections (a-1) and (b-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. Except as otherwise provided by this
subchapter, all [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 grades eight through 11
with the aid of technology on any assessment instruments that
include algebra;
(2) reading, annually in grades three through nine;
(3) writing, including spelling and grammar, in grades
four and seven;
(4) English language arts, in grades [grade] 10 and
11;
(5) social studies, in grades eight, [and] 10, and 11;
(6) science, in grades five, eight, [and] 10, and 11;
and
(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 developed for purposes of this subsection 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] secondary exit-level
assessment instruments designed to be administered to students in
grade 11 under Subsection (a) must [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 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 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
secondary exit-level assessment instruments is exempt from the
requirements of Section 51.306.
(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,
[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) or Section 39.027 on or after
August 1 after the second anniversary of the date [after the last
time] the instrument was [is] administered [for that school year].
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 and
was not used to compute the student's score on the instrument. The
agency shall also release, 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.
(j) The commissioner shall develop a standardized
end-of-course assessment instrument for Algebra I. The
commissioner by rule may require a school district to administer an
end-of-course assessment instrument in Algebra I. 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)].
(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 2C.13. Subsections (a) and (c), Section 39.024,
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 2C.14. Subsection (a), Section 39.025, Education
Code, is amended to read as follows:
(a) A student may not receive a high school diploma until
the student has performed satisfactorily on the secondary
exit-level assessment instruments for English language arts,
mathematics, social studies, and science administered under
Section 39.023(a) [39.023(c)]. This subsection does not require a
student to demonstrate readiness to enroll in an institution of
higher education.
SECTION 2C.15. 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, a school district may administer to
students in any grade an established, valid, reliable, and
nationally normed college preparation assessment instrument.
(b) The agency shall:
(1) select and approve vendors of the specific
assessment instruments administered under this section; and
(2) subject to the restrictions of Subsection (c), pay
all fees associated with the administration of the assessment
instrument:
(A) from funds appropriated for the purpose; or
(B) if funds are not appropriated for the
purpose, 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 42.253.
(c) The agency may pay only for the administration of the
assessment instrument at two different grade levels in each
district each year.
(d) A vendor that administers an assessment instrument for a
district under this section shall report the results of the
assessment instrument to the agency.
SECTION 2C.16. Subsections (a), (e), and (g), Section
39.027, 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 2C.17. 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 INDIVIDUAL STUDENT GROWTH ON
ASSESSMENT INSTRUMENTS. (a) The commissioner shall determine a
method by which the agency may measure individual student growth in
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 offense under this section is a Class A misdemeanor.
(c) 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 2C.18. Subsection (b), Section 39.051, 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) 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 9 through 12, computed
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 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) student growth in 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)(3) and (4);
(14) 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;
and
(16) the performance of non-educationally
disadvantaged students on an assessment instrument required under
Sections 39.023(a), (b), (c), and (l) and high school dropout and
completion rates.
SECTION 2C.19. Subsection (b), Section 39.052, 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 (15) and
specifically including the indicators adopted under Sections
39.051(b)(9) and (10) [(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 2C.20. Subsection (a), Section 39.053, 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 academic performance rating for the district
and each campus in the district as provided under Section 39.072
[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) evidence that the district currently holds
International Organization for Standardization ISO 9000
certification for quality management standards or a statement that
the district does not hold that certification.
SECTION 2C.21. 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 2C.22. 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 39.1332.
(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) The agency shall annually review the performance of each
school district and campus and determine if a change in the academic
performance rating of the district or campus is warranted.
Notwithstanding any other provision of this code, the commissioner
shall determine how the indicators adopted under Section 39.051(b)
may be used to determine academic performance ratings and to select
districts and campuses for acknowledgment.
(e) Each annual review 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).
(f) 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 review under this section is unreliable.
(g) 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.
(h) Notwithstanding any other provision of this code, for
purposes of determining the performance of a school district or
open-enrollment charter school 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 open-enrollment charter school
serving the student [in which the program or facility is physically
located]. The performance of a student who attends such a campus
[student] on an assessment instrument or other academic excellence
indicator adopted under Section 39.051 shall be determined and[,]
reported, but may not be used to determine the rating of the school
district or open-enrollment charter school unless the campus is the
only campus operated by the district or school [and considered
separately from the performance of students attending a school of
the district in which the program or facility is physically
located].
SECTION 2C.23. 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 the
applicable indicators under Sections 39.051(b) and 39.0721. The
commissioner shall consult with the P-16 Council established under
Section 61.077 when adopting criteria under this section.
(b) The commissioner may adopt rules as necessary to
administer this section.
SECTION 2C.24. Subsection (e), Section 39.073, Education
Code, is amended to read as follows:
(e) In determining a district's accreditation rating, the
agency shall consider:
(1) the district's current special education
compliance status with the agency; [and]
(2) the progress of students who have failed to
perform satisfactorily in the preceding school year on an
assessment instrument required under Section 39.023(a) [39.023(a),
(c),] or (l); and
(3) the district's current certification status under
the International Organization for Standardization ISO 9000 series
quality management program certification as described by Section
7.033.
SECTION 2C.25. Subsection (a), Section 39.075, 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, 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 2C.26. Subsection (c), Section 39.075, Education
Code, as amended by Chapters 396 and 931, Acts of the 77th
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 2C.27. 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 2C.28. 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 open-enrollment charter school 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) an open-enrollment charter school in the same
manner as the requirements and ratings are applied to a school
district; and
(2) a campus operated by an open-enrollment charter
school in the same manner as the requirements and ratings are
applied to a campus operated by a school district.
SECTION 2C.29. 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 65 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
not exceed $50 million each 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 2C.30. 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
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 2C.31. Section 39.132, Education Code, is amended
to read as follows:
Sec. 39.132. SANCTIONS FOR ACADEMICALLY UNACCEPTABLE
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; or
(5) [(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].
(a-1) Notwithstanding Subsection (a), if a campus has been
identified as academically unacceptable under this section or the
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. The commissioner shall
select and assign the technical assistance team not later than:
(1) October 1 after identifying the campus as
academically unacceptable or otherwise subject to this subsection;
or
(2) the 30th day after the date the campus is provided
notice that the campus's appeal of its performance rating has been
denied.
(a-2) A technical assistance team assigned under Subsection
(a-1) to a campus that is academically unacceptable 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 do 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 such strategies;
(5) an assessment of the extent and quality of the
mentoring program provided for new teachers on that 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 appropriateness of the
curriculum and teaching strategies.
(a-3) Upon completion of the evaluation the assistance team
will recommend actions, including any necessary reallocation of
resources and/or additional funds taken from funds to be set aside
by the agency to assist campuses in meeting the standards specified
in the intervention plan, 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.
(a-4) The commissioner may determine when a technical
assistance team's services are no longer needed at a campus under
this section. If a campus is considered an academically
unacceptable campus under Subsection (a) for the subsequent school
year after the campus is reconstituted under this section, the
commissioner shall pursue alternative management under Section
39.1321.
(b) Notwithstanding Subsection (a), if [If] a campus has
been identified as academically unacceptable [a low-performing
campus] for three [a period of two] consecutive school years,
including the current school year [or more], the commissioner shall
order the reconstitution of [closure of the district or charter
program on the campus or reconstitute] the campus and assign a
special campus intervention team. In reconstituting the campus, a
special 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.
(c) The special campus intervention team shall decide [be
assembled for the purpose of deciding] which educators may be
retained at that campus. A principal who has been employed by the
campus in that capacity during the three-year period described by
Subsection (b) 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 special 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.
(d) In developing and executing a school improvement plan
under Subsection (b), the special 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; and
(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 program at
the campus.
(e) A special campus intervention team assembled under
Subsection (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 an intervention under
Subsection (b) or Section 39.1321 cannot reasonably be expected to
achieve timely improvement at a campus that has been identified as
academically unacceptable for three consecutive school years,
including the current school year, the commissioner may order the
closure of the campus.
(g) For the 2005-2006 school year, the commissioner shall
assign a technical assistance team to a campus under Subsection
(a-1) on the basis of academic performance ratings for the
2004-2005 school year. The commissioner may impose a sanction on a
campus under Subsection (b) or (f) on the basis of academic
performance ratings for the 2003-2004 and 2004-2005 school years.
This subsection expires September 1, 2007.
(h) If a campus is considered an academically unacceptable
campus under Subsection (a) for the subsequent school year after
the campus is reconstituted under Subsection (b), the commissioner
shall pursue alternative management under Section 39.1321.
SECTION 2C.32. Subchapter G, Chapter 39, Education Code, is
amended by adding Sections 39.1321 and 39.1322 to read as follows:
Sec. 39.1321. MANAGEMENT OF CERTAIN ACADEMICALLY
UNACCEPTABLE CAMPUSES. (a) Except as provided by Section
39.132(f), a campus is subject to this section if the campus has
been identified as academically unacceptable under Section
39.132(a) for the subsequent school year after the campus is
reconstituted under Section 39.132(b).
(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 scientifically based
research to 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.
(e-1) 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.
(f) 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.
(g) 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.
(h) 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.
(i) 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.
(j) The commissioner may adopt rules necessary to implement
this section.
(k) 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. 39.1322. 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 special campus intervention
team under Section 39.132(a)(5) 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
under Section 11A.107(b) 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 under Section 11A.107(a) or any
other law.
(f) A decision by the commissioner under this section is
final and may not be appealed.
SECTION 2C.33. 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 [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 2C.34. Subchapter G, Chapter 39, Education Code, is
amended by adding Sections 39.1331, 39.1332, and 39.1333 to read as
follows:
Sec. 39.1331. ACQUISITION OF PROFESSIONAL SERVICES. In
addition to other sanctions authorized under Sections 39.131 and
39.132, the commissioner may order a school district or campus to
acquire professional services at the expense of the district or
campus to address the applicable financial, assessment, data
quality, program, or governance deficiency. The commissioner's
order may require the district or campus to:
(1) select an external auditor, data quality expert,
professional authorized to monitor district assessment instrument
administration, or curriculum or program expert; or
(2) provide for the appropriate training of district
staff or board of trustees members in the case of a district, or
campus staff, in the case of a campus.
Sec. 39.1332. CLOSURE OF SCHOOL DISTRICT OR CAMPUS.
(a) The commissioner may revoke the accreditation of a school
district and order the closure of the district or a campus, as
appropriate, under the following circumstances:
(1) the commissioner is authorized to close the
district or campus under Section 39.131(a)(10) or 39.132(f);
(2) the commissioner determines that the district is
insolvent and unable to complete the school year; or
(3) the commissioner determines that the district has
ceased operations for 11 or more instructional days during the
current or most recent scheduled school year without the
commissioner's authorization.
(b) The commissioner shall issue an order of closure under
this section that includes provisions necessary for the
continuation of the education of students enrolled in the district
or campus, including annexation to one or more adjoining districts
as provided by Section 13.054. An order of closure may:
(1) establish an effective date for accreditation
revocation and closure that is not later than the first anniversary
of the date of the order;
(2) provide for an interim board of managers to
exercise the duties of the board of trustees of the district as
designated by the commissioner;
(3) require enrollment or student services to be
provided by another district as necessary to allow students
enrolled in the closed district to complete a school year, and make
adjustments in the state and federal funding to which the district
would otherwise be entitled as determined by the commissioner; and
(4) require the preservation, transfer, or surrender
of all student records and other records required for an audit of
any state and federal funding provided to the district.
(c) A person who intentionally destroys, conceals, or
tampers with a record that is required to be preserved,
transferred, or surrendered under Subsection (b)(4) commits an
offense punishable under Section 37.10(c)(2), Penal Code.
(d) A board of managers exercising authority under
Subsection (b)(2) may exercise the authority of the board of
trustees with regard to financial management of the district and
personnel actions. The board of managers is not required to be
composed of residents of the district.
(e) An open-enrollment charter school ordered closed under
this section is not entitled to a separate hearing concerning the
revocation or nonrenewal of the charter under Section 12.116.
Sec. 39.1333. FINALITY OF DECISION BY COMMISSIONER. (a) A
school district or open-enrollment charter school that wishes to
challenge a decision to impose a sanction under this subchapter,
including a decision to close a district, school, or campus under
Section 39.1332, must petition for an informal review as provided
by Section 7.0571.
(b) A final decision by the commissioner to impose a
sanction under this subchapter, including a decision to close a
school district or a campus under Section 39.1332, following a
review under Section 7.0571 is final and may not be appealed.
(c) A school district may not collaterally contest an
academic performance rating or other accreditation standard as part
of the review of a sanction under this subchapter if a review
opportunity has already been provided for the academic performance
rating.
SECTION 2C.35. 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, managing entity
under Section 39.1321, or service provider under Section 39.1331
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 42.258.
SECTION 2C.36. 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) The agency shall:
(1) monitor the progress of technical assistance teams
and special campus intervention teams appointed by the commissioner
under this subchapter; and
(2) supervise the activities of the management
entities under Section 39.1321.
(c) 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.
(d) The commissioner may contract for services under this
section.
SECTION 2C.37. Subsection (a), Section 39.182, Education
Code, as amended by S.B. No. 42, Acts of the 79th Legislature, 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 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;
(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;
(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)(8)-(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;
(6) an evaluation of the correlation between student
grades and student performance on academic skills assessment
instruments required by Section 39.023;
(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;
(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);
(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;
(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;
(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);
(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;
(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;
(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;
(15) a description of all funds received by and each
activity and expenditure of the agency;
(16) a summary and analysis of the instructional
expenditures ratios and instructional employees ratios of school
districts computed under Section 44.0071;
(17) a summary of the effect of deregulation,
including exemptions and waivers granted under Section 7.056 or
39.112;
(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;
(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;
(20) 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 [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];
(21) a summary of the information required by Section
38.0141 regarding student health and physical activity from each
school district; and
(22) any additional information considered important
by the commissioner or the State Board of Education.
SECTION 2C.38. Subsection (a), Section 39.202, 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 distinguishes
among districts' varying levels of financial performance.
SECTION 2C.39. 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 2C.40. 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 2C.41. 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.
PART D. INSTRUCTIONAL MATERIALS
SECTION 2D.01. Subdivision (28), Subsection (b), Section
7.055, 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 2D.02. Subsection (f), Section 7.056, 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 2D.03. Subdivision (23), Subsection (c), Section
7.102, 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 2D.04. Subsections (a) and (c), Section 7.108,
Education Code, are amended to read as follows:
(a) A person interested in selling bonds of any type, [or] a
publisher, or any other 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" and "publisher" have the
meanings 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 2D.05. 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 2D.06. Subsection (a), Section 7.112, 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 2D.07. Subdivision (2), Subsection (c), Section
7.112, 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 2D.08. Subsection (b), Section 11.158, 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 2D.09. Subsection (a), Section 11.164, 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 2D.10. Subsection (e), Section 19.007, Education
Code, is amended to read as follows:
(e) The district may participate in the instructional
materials [textbook] program under Chapter 31.
SECTION 2D.11. Subsections (a) and (c), Section 26.006,
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
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 2D.12. Subsections (c) and (h), Section 28.002,
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 social studies, economics, and 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 2D.13. The heading to Chapter 31, Education Code,
is amended to read as follows:
CHAPTER 31. INSTRUCTIONAL MATERIALS [TEXTBOOKS]
SECTION 2D.14. 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.
SECTION 2D.15. Section 31.002, Education Code, is amended
to read as follows:
Sec. 31.002. DEFINITIONS. In this chapter:
(1) "Instructional material" ["Electronic textbook"]
means a medium or a combination of media for conveying information
to a student. The term includes a book, supplementary materials, a
combination of a book, workbook, supplementary materials, computer
software, [interactive videodisc,] magnetic media, DVD, CD-ROM,
computer courseware, on-line services, or 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,
manufactures, or distributes instructional materials for sale or
distribution to public schools. The term includes an on-line
service or a developer or distributor of [an] electronic
instructional materials [textbook].
(3) "State-adopted" means adopted by the State Board
of Education under Section 31.024 ["Textbook" means a book, a
system of instructional materials, or a combination of a book and
supplementary instructional materials that conveys information to
the student or otherwise contributes to the learning process, or an
electronic 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 2D.16. Section 31.003, Education Code, is amended
to read as follows:
Sec. 31.003. RULES. The State Board of Education may adopt
rules, consistent with this chapter, for the adoption, requisition,
distribution, care, use, and disposal of instructional materials
[textbooks].
SECTION 2D.17. Subchapter B, Chapter 31, Education Code, is
amended by amending Section 31.021 as amended by S.B. No. 151, Acts
of the 79th Legislature, Regular Session, 2005, and Sections
31.022, 31.023, 31.024, and 31.026 through 31.030 and adding
Sections 31.0211, 31.0212, 31.0221, 31.032, and 31.033 to read as
follows:
Sec. 31.021. STATE INSTRUCTIONAL MATERIALS [TEXTBOOK]
FUND. (a) The state instructional materials [textbook] fund
consists of:
(1) an amount set aside by the State Board of Education
from the available school fund, computed in accordance with this
section; and
(2) [all funds accruing from the state's sale of
disused textbooks; and
[(3)] all amounts lawfully paid into the fund from any
other source.
(b) The State Board of Education shall annually set aside
out of the available school fund of the state an amount sufficient
for the instructional materials allotment to provide [board,]
school districts[,] and open-enrollment charter schools with the
funds required to purchase and distribute the necessary
state-adopted instructional materials [textbooks] for the use of
the students of this state for the following school year. The board
shall determine the amount of the available school fund to set aside
for the state instructional materials [textbook] fund based on the
amount of the allotment under Section 31.0211 and on reports of
maximum attendance and anticipated enrollment growth submitted
under Section 31.103[:
[(1) a report by the commissioner issued on July 1 or,
if that date is a Saturday or Sunday, on the following Monday,
stating the amount of unobligated money in the fund;
[(2) the commissioner's estimate, based on textbooks
selected under Section 31.101 and on attendance reports submitted
under Section 31.103 by school districts and open-enrollment
charter schools, of the amount of funds, in addition to funds
reported under Subdivision (1), that will be necessary for purchase
and distribution of textbooks for the following school year; and
[(3) any amount the board determines should be set
aside for emergency purposes caused by unexpected increases in
attendance].
(c) This subsection applies only if the pilot project
established under Section 54.2161 is implemented, and expires
August 15, 2009. In addition to the amount set aside under
Subsection (b), the State Board of Education shall annually set
aside out of the available school fund an amount sufficient for each
school district with one or more students entitled to free
textbooks under the pilot project established under Section 54.2161
to pay the costs of those textbooks as required by Section 31.031
for the following school year. The board shall determine the amount
of the available school fund to set aside for the state textbook
fund for purposes of this subsection based on the commissioner's
estimate of the amount that will be necessary to pay the costs of
textbooks as required under Section 31.031.
(d) Money transferred to the state instructional materials
[textbook] fund remains in the fund until spent and does not lapse
to the state at the end of the fiscal year.
[(e) All necessary expenses incurred under this chapter
shall be paid from the state textbook fund on invoices approved by
the commissioner.]
Sec. 31.0211. INSTRUCTIONAL MATERIALS ALLOTMENT. (a) For
the maximum attendance and anticipated enrollment growth reported
under Section 31.103 in a school year, a school district is entitled
to an annual allotment of $70 for each student or a greater amount
provided by appropriation, to be paid from the state instructional
materials fund. The commissioner may determine for each district
the amount of anticipated enrollment growth for which an allotment
is provided under this subsection.
(b) Funds allotted under this section may be used only to
purchase:
(1) state-adopted instructional materials; or
(2) instructional materials authorized by
commissioner waiver.
(c) This section applies beginning with the 2007-2008
school year. This subsection expires September 1, 2008.
Sec. 31.0212. INSTRUCTIONAL MATERIALS ALLOTMENT FOR
JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMS.
(a) Notwithstanding any other provision of this chapter, a
juvenile justice alternative education program operating under
Section 37.011 is entitled to receive an instructional materials
allotment under Section 31.0211 to be used in purchasing
state-adopted instructional materials as if the program were a
school district or open-enrollment charter school.
(b) The State Board of Education, in coordination with the
Texas Juvenile Probation Commission, shall adopt rules as necessary
to administer this section.
(c) Notwithstanding Section 31.0211(c), a juvenile justice
alternative education program operating under Section 37.011 is
entitled to the annual allotment described by Section 31.0211(a)
beginning with the 2005-2006 school year. This subsection expires
September 1, 2008.
Sec. 31.022. INSTRUCTIONAL MATERIALS [TEXTBOOK] REVIEW AND
ADOPTION CYCLE. (a) The State Board of Education shall adopt a
review and adoption cycle for instructional materials [textbooks]
for elementary grade levels, including prekindergarten, and
secondary grade levels, for each subject in the required curriculum
under Section 28.002.
(b) The board shall organize the cycle for subjects in the
foundation curriculum so that not more than one-sixth of the
instructional materials [textbooks] for subjects in the foundation
curriculum are reviewed each year. The board shall adopt rules to
provide for a full and complete investigation of instructional
materials [textbooks] for each subject in the foundation curriculum
at least every six years. The adoption of instructional materials
[textbooks] for a subject in the foundation curriculum may be
extended beyond the six-year period only if the content of
instructional materials [textbooks] for a subject is sufficiently
current.
(c) The board shall adopt rules to provide for a full and
complete investigation of instructional materials [textbooks] for
each subject in the enrichment curriculum on a cycle the board
considers appropriate, but not less than every eight years.
(d) At least 24 months before the beginning of the school
year for which instructional materials [textbooks] for a particular
subject and grade level will be purchased under the review and
adoption cycle adopted by the board, the board shall publish notice
of the review and adoption cycle for those instructional materials
[textbooks].
(e) In organizing the cycle for review and adoption of
instructional materials, the board shall:
(1) generally align the cycle with the schedule for
any revision of the essential knowledge and skills under Section
28.002 of the subjects and grade levels addressed by the
instructional materials;
(2) seek advice from the Legislative Budget Board and
the governor's office of budget, planning, and policy before
approving and publishing any notice or amendment of the cycle;
(3) review and consider expected average costs of the
instructional materials that will be adopted and the amount of the
instructional materials allotment to ensure that the amount of the
instructional materials that will be adopted over a two-year period
may be purchased within the amount of the instructional material
allotment for that same period; and
(4) follow any directive provided in the General
Appropriations Act regarding the organization of the cycle.
(f) In addition to organizing a review and adoption cycle,
the board by rule shall allow an instructional material to be
submitted, reviewed, and adopted at a time when the subject or grade
level is not scheduled in the cycle to be considered for at least
two years, in conformance with the procedures for adoption of other
state-adopted instructional materials. The board shall place each
instructional material submitted under this subsection and adopted
under Section 31.024 on an applicable list under Section 31.023.
Sec. 31.0221. CORRECTION OF FACTUAL ERRORS. (a) To
promote efficiency in the correction of factual errors during the
instructional materials review and adoption process, the State
Board of Education shall:
(1) to the extent practicable, conduct the review of
instructional materials using page proofs or other appropriate
draft versions of the instructional materials; and
(2) require the publisher to provide instructional
materials, including page proofs, draft versions, or sample
instructional materials, directly to state instructional materials
review panel members in a timely manner before the members meet to
conduct a complete and formal review of the materials.
(b) During the instructional materials review and adoption
process, the publisher of instructional materials proposed for
adoption in this state shall promptly correct any factual errors
discovered in the instructional materials. For purposes of this
section, a factual error includes an objectively verifiable
mistake, including an incorrect reference to a date, place, or
person, an incorrect computational process or result, or similar
incorrect provisions. A factual error does not include a
difference in professional opinion, conclusion, emphasis, or
perspective expressed in instructional materials.
(c) If the State Board of Education determines that an
instructional material proposed for adoption may contain a factual
error, the State Board of Education may appoint a panel of experts
and scholars to evaluate the material for any factual error.
(d) The board shall adopt rules authorizing the imposition
of an administrative penalty in the manner provided by Section
31.151 against a publisher who knowingly violates Subsection (b).
In setting the amount of any penalty to be imposed under this
subsection, the board shall consider the stage of the instructional
materials review and adoption process at which the violation occurs
and set progressively higher penalties for violations that occur
later in the process.
Sec. 31.023. [TEXTBOOK] LISTS OF STATE-ADOPTED INSTRUCTIONAL
MATERIALS. (a) For each subject and grade level, the State Board
of Education shall adopt two lists of instructional materials
[textbooks]. The conforming list includes each state-adopted
instructional material [textbook] submitted for the subject and
grade level that meets applicable physical specifications adopted
by the State Board of Education and contains material covering each
element of the essential knowledge and skills of the subject and
grade level as determined by the State Board of Education under
Section 28.002 and adopted under Section 31.024. The nonconforming
list includes each state-adopted instructional material [textbook]
submitted for the subject and grade level that:
(1) meets applicable physical specifications adopted
by the State Board of Education;
(2) contains material covering at least half, but not
all, of the elements of the essential knowledge and skills of the
subject and grade level; and
(3) is adopted under Section 31.024.
(b) Each state-adopted instructional material [textbook] on
a conforming or nonconforming list must be free from factual
errors.
Sec. 31.024. ADOPTION BY STATE BOARD OF EDUCATION. (a) By
majority vote, the State Board of Education shall:
(1) place each submitted instructional material
[textbook] on a conforming or nonconforming list; or
(2) reject an instructional material [a textbook]
submitted for placement on a conforming or nonconforming list.
(b) Not later than December 1 of the year preceding the
school year for which the state-adopted instructional materials
[textbooks] for a particular subject and grade level will be
purchased under the cycle adopted by the board under Section
31.022, the board shall make available [provide] the lists of
state-adopted instructional materials, including instructional
materials under Section 31.022(f) [adopted textbooks] to each
school district. Each nonconforming list must include:
(1) the reasons an adopted instructional material
[textbook] is not eligible for the conforming list; and
(2) a list of the essential knowledge and skills
contained in an adopted instructional material on the nonconforming
list.
Sec. 31.026. CONTRACT; PRICE. (a) The commissioner, with
the assistance of the Department of Information Resources, the
State Board of Education, and the office of the attorney general,
shall develop model contracts that may be used by school districts
and open-enrollment charter schools [State Board of Education shall
execute a contract:
[(1)] for the purchase or licensing of instructional
materials under this chapter [each 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 instructional materials [the number of textbooks] required by
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, 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. The price may decrease if the lowest price
paid by another state or another school or school district
decreases during the term of the contract.
Sec. 31.027. INFORMATION TO SCHOOL DISTRICTS; SAMPLE
COPIES. (a) A publisher shall provide each school district and
open-enrollment charter school with information that fully
describes each of the publisher's state-adopted instructional
materials [adopted textbooks]. On request of a school district, a
publisher shall provide a sample copy of a state-adopted
instructional material [an adopted textbook].
(b) A publisher shall provide at least two sample copies of
each state-adopted instructional material [adopted textbook] to be
maintained for at least two years at each regional education
service center or an alternate location designated by the
applicable service center.
Sec. 31.028. SPECIAL INSTRUCTIONAL MATERIALS [TEXTBOOKS].
(a) The State Board of Education may make available [purchase]
special instructional materials [textbooks] for the education of
blind and visually impaired students in public schools. In
addition, from funds appropriated for the purpose, 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 state-adopted instructional material
[textbook] the teacher uses in the instruction of students. The
teacher edition must be available at the same time the student
instructional materials [textbooks] become available.
(b) The publisher of a printed state-adopted instructional
material [an 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 may also enter into agreements providing for
the acceptance, requisition, and distribution of special
instructional materials [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.
(c-1) The board shall require electronic instructional
materials included on the conforming list and nonconforming list
under Section 31.023 to comply with the standards established under
Section 508, Rehabilitation Act of 1973 (29 U.S.C. Section 794d),
if the materials are 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 state-adopted
instructional materials [a regularly adopted textbook] used in the
student's class.
(2) "Special instructional materials" [textbook"]
means instructional materials [a textbook] in Braille, large type,
audiotape, accessible web page, accessible DVD/CD-ROM, 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 adopt 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 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.
Sec. 31.032. SUBSCRIPTION-BASED ELECTRONIC INSTRUCTIONAL
MATERIALS. The publisher of a state-adopted electronic
instructional material may offer the material to school districts
and open-enrollment charter schools on a subscription basis.
Sec. 31.033. UPDATES. The publisher of a state-adopted
instructional material may update the instructional material, and a
school district or open-enrollment charter school may purchase the
update. The State Board of Education by rule shall provide for an
expedited review process to determine the extent to which updated
instructional material aligns with the essential knowledge and
skills and does not contain factual errors.
SECTION 2D.18. Section 31.101, Education Code, is amended
to read as follows:
Sec. 31.101. SELECTION AND PURCHASE OF INSTRUCTIONAL
MATERIALS [TEXTBOOKS] BY SCHOOL DISTRICTS. (a) Each year, during
any [a] period established by the State Board of Education, the
board of trustees of each school district and the governing body of
each open-enrollment charter school shall:
(1) [for a subject in the foundation curriculum,]
notify the State Board of Education of the state-adopted
instructional materials [textbooks] selected by the board of
trustees or governing body for the following school year from among
the instructional materials [textbooks] on the appropriate
conforming or nonconforming list; and [or]
(2) provide an accounting of the expenditure of its
instructional materials allotment during that period [for a subject
in the enrichment curriculum:
[(A) notify the State Board of Education of each
textbook selected by the board of trustees or governing body for the
following school year from among the textbooks on the appropriate
conforming or nonconforming list; or
[(B) notify the State Board of Education that the
board of trustees or governing body has selected a textbook that is
not on the conforming or nonconforming list].
(b) The board of trustees of each [If a] school district or
the governing body of each open-enrollment charter school shall use
the instructional materials allotment to purchase instructional
materials selected by the board of trustees or the governing body
[selects a textbook] for a [particular] subject in the required
[enrichment] curriculum [and grade level that is not on the
conforming or nonconforming list, the state shall pay to the
district or school an amount equal to the lesser of:
[(1) 70 percent of the cost to the district of the
textbook, multiplied by the number of textbooks the district or
school needs for that subject and grade level; or
[(2) 70 percent of the limitation established under
Section 31.025 for a textbook for that subject and grade level,
multiplied by the number of textbooks the district or school needs
for that subject and grade level].
(c) A school district or open-enrollment charter school may
purchase an instructional material under Subsection (b) only if the
instructional material is purchased not later than the beginning of
the second school year that begins after the adoption of the
conforming or nonconforming list that includes the instructional
material. This subsection does not apply to:
(1) instructional materials under Section 31.022(f);
(2) the purchase of replacement instructional
materials due to loss or damage; or
(3) the purchase of additional instructional
materials needed because of enrollment growth [that selects a
textbook that is not on the conforming or nonconforming list:
[(1) is responsible for the portion of the cost of the
textbook that is not paid by the state under Subsection (b); and
[(2) may use funds received from the state under
Subsection (b) only for purchasing the textbook for which the funds
were received].
[(d) For a textbook that is not on the conforming or
nonconforming list, a school district or open-enrollment charter
school must use the textbook for the period of the review and
adoption cycle the State Board of Education has established for the
subject and grade level for which the textbook is used.]
SECTION 2D.19. Section 31.102, Education Code, is amended
to read as follows:
Sec. 31.102. TITLE AND CUSTODY. (a) Except as provided by
this subsection, each instructional material [Each textbook]
purchased by the state as provided by this chapter is the property
of this state. Beginning with the 2007-2008 school year, each
instructional material purchased through the instructional
materials allotment by a school district or open-enrollment charter
school is the property of the district or charter school.
(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 or by the district or school. The
board of trustees or governing body shall distribute instructional
materials [textbooks] to students in the manner that the board or
governing body determines is most effective and economical.
(d) An open-enrollment charter school may not transfer
instructional materials unless the transfer is approved by the
commissioner. The commissioner may not approve such a transfer
unless the transfer is to another public school of this state.
SECTION 2D.20. Section 31.103, Education Code, is amended
to read as follows:
Sec. 31.103. INSTRUCTIONAL MATERIALS [TEXTBOOK] REQUISITIONS.
(a) Not later than the seventh day after the first school day in
April, each principal shall report the maximum attendance for the
school to the superintendent. Not later than April 25, the
superintendent of a school district or the chief operating officer
of an open-enrollment charter school shall report to the
commissioner the district's or school's maximum attendance and
anticipated enrollment growth [to the commissioner].
(b) [A requisition for textbooks for the following school
year shall be based on the maximum attendance reports under
Subsection (a), plus an additional 10 percent, except as otherwise
provided.] A school district or open-enrollment charter school
shall make a requisition for instructional materials [a textbook]
on the conforming or nonconforming list [through the commissioner]
to the instructional materials [state] depository designated by the
publisher or as provided by State Board of Education rule, as
applicable, not later than June 1 of each year. The designated
instructional materials [state] depository or, if the publisher [or
manufacturer] does not have a designated instructional materials
[textbook] depository in this state under Section 31.151(a)(6)(B),
the publisher [or manufacturer] shall fill a requisition approved
by the agency at any other time in the case of an emergency. [As
made necessary by available funds, the commissioner shall reduce
the additional percentage of attendance for which a district or
school may requisition textbooks. The commissioner may, on
application of a district or school that is experiencing high
enrollment growth, increase the additional percentage of
attendance for which the district or school may requisition
textbooks.]
(c) In making a requisition under this section, a school
district or open-enrollment charter school may requisition
instructional materials [textbooks] on the conforming or
nonconforming list for grades above or below the grade level in
which a student is enrolled[, except that the total quantity of
textbooks requisitioned under this section may not exceed the limit
prescribed by Subsection (b)].
SECTION 2D.21. Sections 31.104, 31.105, and 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, purchase, 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 instructional materials [textbook] depository;
or
(2) the [textbook] publisher of the instructional
materials [or manufacturer] if the [textbook] publisher [or
manufacturer] does not have a designated instructional materials
[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, school district, or charter school, as
appropriate. 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 OF INSTRUCTIONAL MATERIALS [TEXTBOOKS].
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 the state contract
price]. The district shall use [send] money received from the sale
of instructional materials in accordance with uses prescribed by
Section 31.0211 [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. In addition to any
instructional materials [textbook] selected under this chapter, a
school district or open-enrollment charter school may use local
funds to purchase any instructional materials [textbooks].
SECTION 2D.22. The heading to Section 31.151, Education
Code, is amended to read as follows:
Sec. 31.151. DUTIES OF PUBLISHERS [AND MANUFACTURERS].
SECTION 2D.23. Subsection (a), (b), and (d), Section
31.151, 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 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 instructional materials [textbooks], other than electronic
instructional materials or electronic instructional material
[on-line textbooks or on-line textbook] components, consistent
with State Board of Education rules; or
(B) deliver instructional materials [textbooks]
to a 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 instructional materials [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 instructional materials
[textbooks] are electronic instructional materials or electronic
instructional material [on-line textbooks or on-line textbook]
components;
(7) shall, at the time an order for instructional
materials [textbooks] is acknowledged, provide to 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 state instructional materials
[textbook] fund.
SECTION 2D.24. The heading to Section 31.152, Education
Code, is amended to read as follows:
Sec. 31.152. ACCEPTING REBATE ON INSTRUCTIONAL MATERIALS
[TEXTBOOKS].
SECTION 2D.25. Subsections (a), (b), and (d), Section
31.152, 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 funds from
the state instructional materials [textbook] fund.
(d) In this section, "gift, favor, or service" does not
include:
(1) staff development, in-service, or teacher
training; or
(2) instructional materials[,] such as maps or
worksheets[, that convey information to the student or otherwise
contribute to the learning process].
SECTION 2D.26. 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 2D.27. Subsection (a), Section 31.153, 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 2D.28. 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 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 2D.29. The heading to Section 32.005, Education
Code, is amended to read as follows:
Sec. 32.005. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
ALLOTMENT.
SECTION 2D.30. Subsection (a) and (b), Section 32.005,
Education Code, are amended to read as follows:
(a) For each student in average daily attendance in a school
year, a [Each] school district or open-enrollment charter school is
entitled to an allotment of $30 [for each student in average daily
attendance] or a greater [different] amount for any year provided
by appropriation, to be used as provided by Subsection (b).
(b) An allotment under this section may be used [only] to:
(1) provide for the purchase by school districts of
systems or components of:
(A) wireless electronic mobile computing devices
or other technology devices that convey instruction;
(B) productivity hardware or software, including
writing, computation, presentation, and communication tools;
(C) electronic learning software aligned with
the essential skills and knowledge 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;
(G) classroom and school management systems; and
(H) portable electronic instructional material
devices capable of supporting instructional material for each
subject in the foundation and enrichment curriculum [electronic
textbooks or technological equipment that contributes to student
learning]; [and]
(2) provide professional development for educational
personnel responsible for direct instruction to integrate the tools
and solutions described by Subdivision (1); and
(3) acquire additional infrastructure and
technologies necessary to support and enhance the tools and
solutions described by Subdivision (1) [pay for training
educational personnel directly involved in student learning in the
appropriate use of electronic textbooks and for providing for
access to technological equipment for instructional use].
SECTION 2D.31. 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 2D.32. Subsection (b), Section 32.161, 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 under Section 31.021
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 2D.33. Section 31.0221, Education Code, as added by
this part, applies only to instructional materials submitted for
review by the State Board of Education on or after the effective
date of this Act. Instructional materials submitted for review
before the effective date of this Act are governed by the law in
effect when the instructional materials were submitted for review,
and the former law is continued in effect for that purpose.
SECTION 2D.34. (a) This section applies to an
instructional material, as that term is defined by Section 31.002,
Education Code, as amended by this part, including an electronic
instructional material, adopted by the State Board of Education
before January 1, 2005.
(b) A contract for the purchase or licensing of an
instructional material described by Subsection (a) of this section
continues in effect as a state contract for the contract term, and
the former law is continued in effect for that purpose.
PART E. DUAL LANGUAGE EDUCATION
SECTION 2E.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 propose 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 propose 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 2E.02. Subsection (b), Section 21.050, 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 2E.03. Section 21.054, Education Code, is amended
by adding Subsection (c) to read as follows:
(c) Rules proposed 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 2E.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 2E.05. Section 28.0051, Education Code, is amended
by adding Subsection (d) to read as follows:
(d) The State Board for Educator Certification 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 2E.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 for the purpose, 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.
(g) 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.
(h) This section expires August 1, 2011.
SECTION 2E.07. Not later than January 1, 2006, the State
Board for Educator Certification shall propose 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 Subsection (b), Section 21.050, Education Code, as
amended by this Act, and Subsection (d), Section 28.0051, 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 Subsection (c), Section
21.054, Education Code, as added by this Act.
PART F. STATE AND REGIONAL GOVERNANCE
SECTION 2F.01. Section 7.004, Education Code, 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 [2005].
(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 2F.02. Subchapter A, Chapter 7, Education Code, is
amended by adding Section 7.010 to read as follows:
Sec. 7.010. BEST PRACTICES. (a) Using existing funds and
other resources available for the purpose, the agency and the
regional education service centers shall solicit and collect from
exemplary or recognized school districts and open-enrollment
charter schools, as rated under Section 39.072, best practices
information and shall disseminate that information. The agency and
the regional education service centers shall enter into a
memorandum of understanding that establishes the respective duties
of the agency and the regional education service centers in
soliciting, collecting, and disseminating the best practices
information.
(b) The best practices information may include:
(1) information concerning available programs,
products, and policies that have been successfully adopted or
developed and used by school districts or open-enrollment charter
schools;
(2) specific examples of successful best practices;
and
(3) resources available to assist school districts and
open-enrollment charter schools in complying with applicable state
or federal education laws.
(c) The best practices information must include information
collected by the agency or a regional education service center
concerning the effective use of online courses, including:
(1) methods for using online courses to provide
curriculum solutions;
(2) information to assist school districts and
open-enrollment charter schools in investigating the quality of
online courses; and
(3) a list of funding sources available for various
types of online courses.
(d) The agency and the regional education service centers
are not required to evaluate and may not endorse the best practices
information collected under this section.
(e) The agency and the regional education service centers
shall develop incentives for school districts and open-enrollment
charter schools to implement best practices.
SECTION 2F.03. 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 2F.04. Section 7.027, Education Code, as added by
Chapter 201, Acts of the 78th Legislature, Regular Session, 2003,
is redesignated as Section 7.028, Education Code, and amended to
read as follows:
Sec. 7.028 [7.027]. 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 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 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 2F.05. 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 2F.06. Subsection (a) and (d), Section 7.057,
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 2F.07. 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,
open-enrollment charter school, 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 2F.08. 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 2F.09. 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 2F.10. Subsections (b), (c), and (d), Section
8.051, 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 funding allotment under 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 2F.11. Subchapter A, Chapter 29, Education Code, is
amended by adding Sections 29.0162 and 29.0163 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 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.
SECTION 2F.12. Section 61.076, Education Code, is amended
by adding Subsections (c) and (d) to read as follows:
(c) On or before January 1, 2007, the P-16 council shall:
(1) review existing school district programs that
provide high school students with the opportunity to enroll in
advanced academic courses offered through dual credit and
concurrent enrollment programs, including reviewing courses
currently approved by districts and offered by institutions of
higher education for dual and concurrent enrollment credit;
(2) review the high school curriculum required for the
recommended high school program under Section 28.025 and study the
feasibility of offering a revised curriculum that would provide
graduating high school students with at least 12 hours of advanced
academic courses or college level coursework offered through dual
credit and concurrent enrollment programs provided under
agreements between high schools and institutions of higher
education; and
(3) prepare and deliver a report based on the review
and study 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.
(d) Subsection (c) and this subsection expire January 2,
2007.
PART G. SCHOOL DISCIPLINE
SECTION 2G.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 open-enrollment charter school 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
open-enrollment charter school 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 or school
fails to provide the notice on that day, the district or school
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 2G.02. 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 2G.03. Subsections (b) and (c), Section 37.020,
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).
PART H. CRIMINAL HISTORY RECORDS INFORMATION
SECTION 2H.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 2H.02. Subsection (c), Section 21.041, Education
Code, is amended to read as follows:
(c) The board shall propose rules [a rule] adopting fees [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 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 2H.03. Section 22.082, Education Code, is amended
to read as follows:
Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY STATE
BOARD FOR EDUCATOR CERTIFICATION. (a) The 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 board shall require each applicant, holder, and
person described by Subsection (a)(2) to pay any costs to the board
related to obtaining criminal history record information related to
the person under this section.
SECTION 2H.04. Section 411.090, Government Code, is amended
to read as follows:
Sec. 411.090. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION
AND FINGERPRINTS: STATE BOARD FOR EDUCATOR CERTIFICATION.
(a) The 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 board
an intention to apply [to the board] for 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
board under Subsection (a):
(1) may be used for any purpose related to the
issuance, denial, suspension, or cancellation of a certificate or
permit under Subchapter B, Chapter 21, Education Code, or for any
purpose authorized by Section 11A.153 or 21.0032, Education Code
[issued by the board]; and
(2) may not be released to any person except on court
order or with the consent of the subject of the criminal history
record information [applicant for a certificate; and
[(3) shall be destroyed by the board after the
information is used for the authorized purposes].
(c) The board may keep on file with the department all
fingerprints obtained by the board under Section 21.0401, Education
Code. The department shall notify the board 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 board shall notify the public charter district affected.
PART I. HEALTH COVERAGE OR COMPENSATION SUPPLEMENTATION
SECTION 2I.01. Chapter 1580, Insurance Code, is reenacted
and amended to read as follows:
CHAPTER 1580. ACTIVE EMPLOYEE HEALTH COVERAGE
OR COMPENSATION SUPPLEMENTATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1580.001. DEFINITIONS. In this chapter:
(1) "Cafeteria plan" means a plan as defined and
authorized by Section 125, Internal Revenue Code of 1986, and its
subsequent amendments.
(2) "Employee" means a participating member of the
Teacher Retirement System of Texas who:
(A) is employed by a school district, other
educational district whose employees are members of the Teacher
Retirement System of Texas, participating charter school, or
regional education service center; and
(B) is not a retiree covered under the program
established under Chapter 1575.
(3) "Participating charter school" means an
open-enrollment charter school established under Subchapter D,
Chapter 12, Education Code, that participates in the program
established under Chapter 1579.
(4) "Regional education service center" means a
regional education service center established under Chapter 8,
Education Code.
(5) "Trustee" means the Teacher Retirement System of
Texas.
Sec. 1580.002. AUTHORITY TO ADOPT RULES; OTHER AUTHORITY.
(a) The trustee may adopt rules to implement this chapter.
(b) The trustee may enter into interagency contracts with
any agency of this state for the purpose of assistance in
implementing this chapter.
SUBCHAPTER B. DESIGNATION OF COMPENSATION AS HEALTH CARE
SUPPLEMENTATION [DISTRIBUTION OF STATE FUNDS BY TRUSTEE]
Sec. 1580.051. DESIGNATION OF COMPENSATION AS HEALTH CARE
SUPPLEMENTATION. (a) As provided by Section 21.402 or 22.008,
Education Code, and subject to Section 1580.102, an employee of a
[DISTRIBUTION BY TRUSTEE. Each year, the trustee shall deliver to
each] school district, [including a school district that is
ineligible for state aid under Chapter 42, Education Code, each]
other educational district that is a member of the Teacher
Retirement System of Texas, [each] participating charter school, or
[and each] regional education service center may elect to designate
a portion of the employee's compensation to be used as health care
supplementation under this chapter. The amount designated under
this section may not exceed the amount permitted under applicable
federal law.
(b) Notwithstanding Subsection (a), an administrator, as
defined by the trustee, employed by a school district, another
educational district, a participating charter school, or a regional
education service center is not eligible to elect to designate a
portion of the person's compensation to be used as health care
supplementation under this chapter [state funds in an amount, as
determined by the trustee, equal to the product of the number of
active employees employed by the district, school, or service
center multiplied by $1,000 or a greater amount as provided by the
General Appropriations Act for purposes of this chapter].
[Sec. 1580.052. EQUAL INSTALLMENTS. The trustee shall
distribute funds under this chapter in equal monthly installments.]
Sec. 1580.053. FUNDS HELD IN TRUST. All funds received by
a school district, other educational district, participating
charter school, or regional education service center under this
chapter are held in trust for the benefit of the active employees on
whose behalf the district, school, or service center received the
funds.
[Sec. 1580.054. RECOVERY OF DISTRIBUTIONS. The trustee is
entitled to recover from a school district, other educational
district, participating charter school, or regional education
service center any amount distributed under this chapter to which
the district, school, or service center was not entitled.
[Sec. 1580.055. DETERMINATION OF TRUSTEE FINAL. A
determination by the trustee under this subchapter is final and may
not be appealed.]
SUBCHAPTER C. EMPLOYEE ELECTION
Sec. 1580.101. WRITTEN ELECTION REQUIRED. (a) Each school
year, an active employee must elect in writing whether to designate
a portion of the employee's compensation to be used as health care
supplementation under this chapter.
(b) This section does not apply to an employee to whom
Section 1580.102 applies.
Sec. 1580.1011. EMPLOYEE COVERED BY CAFETERIA PLAN.
(a) To elect to designate a portion of the employee's compensation
to be used as health care supplementation under this chapter, [If]
an active employee must be [is] covered by a cafeteria plan of a
school district, other educational district, participating charter
school, or regional education service center. The employee must[,
the state contribution under this chapter shall be deposited in the
cafeteria plan, and the employee may] elect among the options
provided by the cafeteria plan.
(b) A cafeteria plan receiving funds designated as health
care supplementation [state contributions] under this chapter may
include a medical savings account option and must include, at a
minimum, the following options:
(1) a health care reimbursement account;
(2) a benefit or coverage other than that provided
under Chapter 1579, or any employee coverage or dependent coverage
available under Chapter 1579 but not otherwise fully funded by the
state or the employer contributions, any of which must be a
"qualified benefit" under Section 125, Internal Revenue Code of
1986, and its subsequent amendments; or
(3) [an option for the employee to receive the state
contribution as supplemental compensation; or
[(4)] an option to divide the funds between [state
contribution among two or more of] the other options provided under
this subsection.
Sec. 1580.102. EMPLOYEE NOT COVERED BY CAFETERIA PLAN. If
an active employee is not covered by a cafeteria plan of a school
district, other educational district, participating charter
school, or regional education service center, the employee is not
eligible to elect to designate a portion of the employee's
compensation to be used as health care supplementation under this
chapter [state contribution under this chapter shall be paid to the
active employee as supplemental compensation].
[Sec. 1580.103. SUPPLEMENTAL COMPENSATION. Supplemental
compensation under this subchapter must be in addition to the rate
of compensation that:
[(1) the school district, other educational district,
participating charter school, or regional education service center
paid the employee in the preceding school year; or
[(2) the district, school, or service center would
have paid the employee in the preceding school year if the employee
had been employed by the district, school, or service center in the
same capacity in the preceding school year.]
Sec. 1580.104. TIME FOR ELECTION. For each state fiscal
year, an election under this subchapter must be made before the
later of:
(1) August 1 of the preceding state fiscal year; or
(2) the 31st day after the date the employee is hired.
Sec. 1580.105. WRITTEN EXPLANATION; ELECTION FORM.
(a) The trustee shall prescribe and distribute to each school
district, other educational district, participating charter
school, and regional education service center:
(1) a model explanation written in English and Spanish
of the options active employees may elect under this section and the
effect of electing each option; and
(2) an election form to be completed by active
employees.
(b) Each state fiscal year, a school district, other
educational district, participating charter school, or regional
education service center shall prepare and distribute to each
active employee a written explanation in English and Spanish, as
appropriate, of the options the employee may elect under this
section. The explanation must be based on the model explanation
prepared by the trustee under Subsection (a) and must reflect all
available health coverage options available to the employee. The
explanation must be distributed to an employee before the later of:
(1) July 1 of the preceding state fiscal year; or
(2) the fifth day after the date the employee is hired.
(c) The written explanation under Subsection (b) must be
accompanied by a copy of the election form prescribed under
Subsection (a)(2).
[Sec. 1580.106. RETURN OF UNENCUMBERED FUNDS. Any
unencumbered funds that are returned to the school district from
accounts established under Section 1580.101 may be used only to
provide employee compensation, benefits, or both.]
SUBCHAPTER D. MEDICAL SAVINGS ACCOUNT
Sec. 1580.151. DEFINITION. In this subchapter, "qualified
health care expense" means an expense paid by an employee for
medical care, as defined by Section 213(d), Internal Revenue Code
of 1986, and its subsequent amendments, for the employee or the
employee's dependents, as defined by Section 152, Internal Revenue
Code of 1986, and its subsequent amendments.
Sec. 1580.152. RULES. The trustee, by rule, shall specify
the requirements for a medical savings account established under
this chapter.
Sec. 1580.153. QUALIFICATION OF ACCOUNT. (a) The trustee
shall request in writing a ruling or opinion from the Internal
Revenue Service as to whether the medical savings accounts
established under this chapter and the state rules governing those
accounts qualify the accounts for appropriate federal tax
exemptions.
(b) Based on the response of the Internal Revenue Service
under Subsection (a), the trustee shall:
(1) modify the rules, plans, and procedures adopted
under this section as necessary to ensure the qualification of
those accounts for appropriate federal tax exemptions; and
(2) certify the information regarding federal tax
qualifications to the comptroller.
Sec. 1580.154. EMPLOYEE ELECTION. An employee who elects
under Section 1580.101 to have state funds distributed under this
chapter placed in a medical savings account may use the money in
that account only for a qualified health care expense.
PART J. SCHOOL SAFETY
SECTION 2J.01. Chapter 33, Education Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. SAFETY REGULATIONS FOR CERTAIN EXTRACURRICULAR
ACTIVITIES
Sec. 33.201. APPLICABILITY. This subchapter applies to
each public school in this state and to any other school in this
state subject to University Interscholastic League regulations.
Sec. 33.202. SAFETY TRAINING REQUIRED. (a) The
commissioner by rule shall develop and adopt a safety training
program as provided by this section. In developing the program, the
commissioner may use materials available from the American Red
Cross or another appropriate entity.
(b) The following persons must satisfactorily complete the
safety training program:
(1) a coach, trainer, or sponsor for an
extracurricular athletic activity;
(2) except as provided by Subsection (f), a physician
who is employed by a school or school district or who volunteers to
assist with an extracurricular athletic activity; and
(3) a director responsible for a school marching band.
(c) The safety training program must include:
(1) certification of participants by the American Red
Cross, the American Heart Association, or a similar organization or
the University Interscholastic League, as determined by the
commissioner;
(2) annual training in:
(A) emergency action planning;
(B) cardiopulmonary resuscitation if the person
is not required to obtain certification under Section 33.086;
(C) communicating effectively with 9-1-1
emergency service operators and other emergency personnel; and
(D) recognizing symptoms of potentially
catastrophic injuries, including head and neck injuries,
concussions, injuries related to second impact syndrome, asthma
attacks, heatstroke, cardiac arrest, and injuries requiring use of
a defibrillator; and
(3) at least once each school year, a safety drill that
incorporates the training described by Subdivision (2) and
simulates various injuries described by Subdivision (2)(D).
(d) A student participating in an extracurricular athletic
activity must receive training related to:
(1) recognizing the symptoms of injuries described by
Subsection (c)(2)(D); and
(2) the risks of using supplements designed or
marketed to enhance athletic performance.
(e) The safety training program and the training under
Subsection (d) may each be conducted by a school or school district
or by an organization described by Subsection (c)(1).
(f) A physician who is employed by a school or school
district or who volunteers to assist with an extracurricular
athletic activity is exempt from the requirements of Subsection (b)
if the physician attends a continuing medical education course that
specifically addresses emergency medicine for athletic team
physicians.
Sec. 33.2021. COMPLETION OF UNIVERSITY INTERSCHOLASTIC
LEAGUE MEDICAL HISTORY FORM. (a) Each student participating in an
extracurricular athletic activity must complete the University
Interscholastic League forms entitled "Preparticipation Physical
Evaluation--Medical History" and "Acknowledgment of Rules." Each
form must be signed by both the student and the student's parent or
guardian.
(b) Each form described by Subsection (a) must clearly state
that failure to accurately and truthfully answer all questions on a
form required by statute or by the University Interscholastic
League as a condition for participation in an extracurricular
athletic activity subjects a signer of the form to penalties
determined by the University Interscholastic League.
(c) The "Preparticipation Physical Evaluation--Medical
History" form described by Subsection (a) must contain the
following statement:
"An individual answering in the affirmative to
any question relating to a possible cardiovascular
health issue, as identified on the form, should be
restricted from further participation until the
individual is examined by the individual's primary
care physician. Ultimately, the individual may need
to be evaluated by a cardiologist and/or undergo
cardiac testing (including an echocardiogram and/or
other heart-related examination) based on the
assessment by the primary care physician."
Sec. 33.203. CERTAIN UNSAFE ATHLETIC ACTIVITIES
PROHIBITED. A coach, trainer, or sponsor for an extracurricular
athletic activity may not encourage or permit a student
participating in the activity to engage in any unreasonably
dangerous athletic technique that unnecessarily endangers the
health of a student, including using a helmet or any other sports
equipment as a weapon.
Sec. 33.204. CERTAIN SAFETY PRECAUTIONS REQUIRED. (a) A
coach, trainer, or sponsor for an extracurricular athletic activity
shall at each athletic practice or competition ensure that:
(1) each student participating in the activity is
adequately hydrated;
(2) any prescribed asthma medication for a student
participating in the activity is readily available to the student;
(3) emergency lanes providing access to the practice
or competition area are open and clear; and
(4) heatstroke prevention materials are readily
available.
(b) If a student participating in an extracurricular
athletic activity, including a practice or competition, is rendered
unconscious during the activity, the student may not:
(1) return to the practice or competition during which
the student was rendered unconscious; or
(2) continue to participate in any extracurricular
athletic activity until the student receives written authorization
from a physician.
Sec. 33.205. COMPLIANCE; ENFORCEMENT. (a) On request, a
school shall make available to the public proof of compliance for
each person enrolled in, employed by, or volunteering for the
school who is required to receive safety training described by
Section 33.202.
(b) The superintendent of a school district or the director
of a school subject to this subchapter shall maintain complete and
accurate records of the district's or school's compliance with
Section 33.202.
(c) A school campus that is determined by the school's
superintendent or director to not be in compliance with Section
33.202, 33.203, or 33.204 shall discontinue all extracurricular
athletic activities offered by the school campus, including all
practices and competitions, until the superintendent or director
determines that the school campus is in compliance.
Sec. 33.206. CONTACT INFORMATION. (a) The commissioner
shall maintain an existing telephone number and an electronic mail
address to allow a person to report a violation of this subchapter.
(b) Each school that offers an extracurricular athletic
activity shall prominently display at the administrative offices of
the school the telephone number and electronic mail address
maintained under Subsection (a).
Sec. 33.207. NOTICE REQUIRED. (a) A school that offers an
extracurricular athletic activity shall provide to each student
participating in an extracurricular athletic activity and to the
student's parent or guardian a copy of the text of Sections
33.201-33.206 and a copy of the University Interscholastic League's
parent information manual.
(b) A document required to be provided under this section
may be provided in an electronic format unless otherwise requested
by a student, parent, or guardian.
Sec. 33.208. INCORPORATION OF SAFETY REGULATIONS. The
University Interscholastic League shall incorporate the provisions
of Sections 33.203-33.206 into the league's constitution and
contest rules.
Sec. 33.209. LIABILITY. The requirements of this
subchapter are not considered ministerial acts for purposes of
immunity from liability under Section 22.0511.
SECTION 2J.02. Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.087 to read as follows:
Sec. 33.087. REPORT CONCERNING AUTOMATED EXTERNAL
DEFIBRILLATORS. (a) Using existing funds and other resources
available for the purpose, the agency and the University
Interscholastic League shall jointly investigate the availability
of federal, state, local, and private funds for purchasing
automated external defibrillators, as defined by Section 779.001,
Health and Safety Code, for use by University Interscholastic
League member schools, and the possibility of receiving a bulk
discount on such purchases.
(b) The agency and the University Interscholastic League
shall submit a report describing the findings of the investigation
to the legislature not later than June 1, 2006.
(c) This section expires July 1, 2006.
SECTION 2J.03. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.108 to read as follows:
Sec. 37.108. MULTIHAZARD EMERGENCY OPERATIONS PLAN;
SECURITY AUDIT. (a) Each school district shall adopt and
implement a multihazard emergency operations plan for use in
district schools. The plan must address mitigation, preparedness,
response, and recovery as recommended by the United States
Department of Homeland Security. The plan must provide for:
(1) district employee training in responding to an
emergency;
(2) mandatory school drills to prepare district
students and employees for responding to an emergency;
(3) measures to ensure coordination with local
emergency management agencies, law enforcement, and fire
departments in the event of an emergency; and
(4) the implementation of a security audit as required
by Subsection (b).
(b) At least once every three years, a school district shall
conduct a security audit of the district's facilities. To the
extent possible, a district shall follow security audit procedures
developed by the Texas School Safety Center or a comparable public
or private entity.
(c) A school district shall report the results of the
security audit conducted under Subsection (b) to the district's
board of trustees.
SECTION 2J.04. Subsection (a), Section 37.203, Education
Code, is amended to read as follows:
(a) The center is advised [governed] by a board of directors
composed of:
(1) the attorney general, or the attorney general's
designee;
(2) the commissioner, or the commissioner's designee;
(3) the executive director of the Texas Juvenile
Probation Commission, or the executive director's designee;
(4) the executive director of the Texas Youth
Commission, or the executive director's designee;
(5) the commissioner of the Texas Department of Mental
Health and Mental Retardation, or the commissioner's designee; and
(6) the following members appointed by the governor
with the advice and consent of the senate:
(A) a juvenile court judge;
(B) a member of a school district's board of
trustees;
(C) an administrator of a public primary school;
(D) an administrator of a public secondary
school;
(E) a member of the state parent-teacher
association;
(F) a teacher from a public primary or secondary
school;
(G) a public school superintendent who is a
member of the Texas Association of School Administrators;
(H) a school district police officer or a peace
officer whose primary duty consists of working in a public school;
and
(I) two members of the public.
SECTION 2J.05. Section 37.205, Education Code, is amended
to read as follows:
Sec. 37.205. SAFETY TRAINING PROGRAMS. The center shall
conduct for school districts a safety training program that
includes:
(1) development of a positive school environment and
proactive safety measures designed to address local concerns;
(2) school safety courses for law enforcement
officials, with a focus on school district police officers and
school resource officers;
(3) discussion of school safety issues with parents
and community members; and
(4) assistance in developing a multihazard emergency
operations plan for adoption under Section 37.108 [specialized
training for the staff of alternative education programs and
juvenile justice alternative education programs].
SECTION 2J.06. Subchapter G, Chapter 37, Education Code, is
amended by adding Section 37.2051 to read as follows:
Sec. 37.2051. SECURITY CRITERIA FOR INSTRUCTIONAL
FACILITIES. The center shall develop security criteria that school
districts may consider in the design of instructional facilities.
SECTION 2J.07. Section 37.208, Education Code, is amended
to read as follows:
Sec. 37.208. ON-SITE ASSISTANCE. On request of a school
district, the center may [shall] provide on-site technical
assistance to the district for:
(1) school safety and security audits; and
(2) school safety and security information and
presentations.
SECTION 2J.08. Subsection (b), Section 37.215, Education
Code, is amended to read as follows:
(b) The center [board] shall biannually prepare a budget
request [for the center] for submission to the legislature.
SECTION 2J.09. Subchapter A, Chapter 46, Education Code, is
amended by adding Section 46.0081 to read as follows:
Sec. 46.0081. SECURITY CRITERIA IN DESIGN OF INSTRUCTIONAL
FACILITIES. A school district that constructs a new instructional
facility or conducts a major renovation of an existing
instructional facility using funds allotted to the district under
this subchapter shall consider, in the design of the instructional
facility, security criteria developed by the Texas School Safety
Center under Section 37.2051.
SECTION 2J.10. Sections 37.206 and 37.213, Education Code,
are repealed.
SECTION 2J.11. (a) Not later than December 1, 2005, the
Texas School Safety Center shall:
(1) develop a school safety program that includes
assistance to school districts in developing a multihazard
emergency operations plan as required by Section 37.205, Education
Code, as amended by this Act; and
(2) develop security criteria for the construction and
renovation of school district instructional facilities as required
by Section 37.2051, Education Code, as added by this Act.
(b) Not later than March 1, 2006, each school district shall
adopt a multihazard emergency operations plan as required by
Section 37.108, Education Code, as added by this Act.
PART K. SCHOOL DISTRICT OPERATIONS
SECTION 2K.01. Subsection (e), Section 7.056, 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
33.0812 or participation in a University Interscholastic League
area, regional, or state competition under Section 33.082;
(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 2K.02. The heading to Section 25.0811, Education
Code, is amended to read as follows:
Sec. 25.0811. FIRST AND LAST DAY OF INSTRUCTION.
SECTION 2K.03. Subsection (a), Section 25.0811, 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 2K.04. This part applies beginning with the
2006-2007 school year.
PART L. SAFETY OR LAP BELTS IN SCHOOL BUSES
SECTION 2L.01. 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.
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 42.006;
(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 each member of the legislature that represents the geographic
area to be served by the proposed public charter district, as
determined by the commissioner, on receipt by the State Board of
Education of an application for a charter for a public charter
district under Section 11A.101.
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, grades 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 25 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 25 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
39.132(b).
(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
62.01(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 State Board of Education 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 board.
(b) Each public charter district shall file annually with
the State Board of Education the following information in a form
prescribed by the board:
(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 42.006.
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 42.253 and without any local revenue ("LR") for
purposes of Section 42.302. In determining funding for a public
charter district, adjustments under Sections 42.102, 42.103, and
42.105 and the district enrichment tax rate ("DTR") under Section
42.302 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 in the form of grants
or other discretionary funding 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
sum of:
(1) the product of $1,000 multiplied by the number of
the following employees employed by the charter holder at a public
charter district:
(A) classroom teachers, full-time librarians,
and full-time counselors certified under Subchapter B, Chapter 21;
and
(B) full-time school nurses appropriately
licensed under Chapter 301, Occupations Code;
(2) the product of $500 multiplied by the number of
full-time public charter district employees, other than
administrators or employees described by Subdivision (1); and
(3) the product of $250 multiplied by the number of
part-time public charter district employees.
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.
(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 for which the charter holder has been granted a charter
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. TEXTBOOK FUNDING. A public charter district
is entitled to funding for textbooks under Chapter 31 and is subject
to that chapter 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 SCHOOL CHARTER DISTRICT
Sec. 11A.251. ADMISSION POLICY. (a) 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.
(b) A public charter district admission policy may provide
for the exclusion of a student who has a documented history of a
criminal offense, a juvenile court adjudication, or discipline
problems under Subchapter A, Chapter 37.
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; and
(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.
(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 high school
diploma.
(b) To the extent required by federal law, including 20
U.S.C. 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 the following employees employed by the charter
holder at a public charter district an amount at least equal to:
(1) $1,000 for:
(A) classroom teachers, full-time librarians,
and full-time counselors certified under Subchapter B, Chapter 21;
and
(B) full-time school nurses appropriately
licensed under Chapter 301, Occupations Code;
(2) $500 for full-time public charter district
employees, other than administrators or employees described by
Subdivision (1); and
(3) $250 for part-time public charter district
employees.
(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 42.253 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 42.253.
(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, including the
two school years preceding the proposed issuance of the blue ribbon
charter.
(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 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 governing body under
Section 11A.154;
(9) training for members of 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. Subsection (b), Section 7.028, Education
Code, as renumbered by H.B. No. 2018, Acts of the 79th Legislature,
Regular Session, 2005, effective September 1, 2005, is amended to
read as follows:
(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 4.08. Subdivision (17), Subsection (b), Section
7.055, 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 4.09. Subdivision (9), Subsection (c), Section
7.102, 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 4.10. 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 4.11. 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 State Board for Educator Certification 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 State Board for Educator Certification
the person's fingerprints and social security number. The person
may be employed or serve pending action by the board.
(c) The State Board for Educator Certification 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 board finds the person would not be
eligible for educator certification, the board 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 State Board for Educator Certification 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 4.12. Subsections (b) and (c), Section 21.058,
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 4.13. Subsections (b), (c), and (d), Section
22.083, 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.
(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 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 4.14. 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 4.15. Section 22.085, Education Code, is 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 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.
SECTION 4.16. Section 22.086, Education Code, is amended to
read as follows:
Sec. 22.086. LIABILITY FOR REPORTING OFFENSES. The 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 board, district, school, service
center, or shared services arrangement is not civilly or criminally
liable for making a report required under this subchapter.
SECTION 4.161. 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 4.17. 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 4.18. Subsection (a), Section 25.089, 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 4.19. Subsection (b), Section 25.090, 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 4.20. Subsections (d) and (e), Section 25.093,
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 4.21. Subsections (a) and (b), Section 25.095,
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 4.22. Subsection (a), Section 25.0951, Education
Code, as amended by H.B. No. 1575, Acts of the 79th Legislature,
Regular Session, 2005, effective September 1, 2005, and Subsection
(b), Section 25.0951, Education Code, are 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.
(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 4.23. Subsection (c), Section 26.006, Education
Code, is amended to read as follows:
(c) A student's parent is entitled to request that the
school district or public charter district [open-enrollment
charter school] the student attends allow the student to take home
any textbook used by the student. Subject to the availability of a
textbook, the school district or public charter district [or
school] shall honor the request. A student who takes home a
textbook must return the textbook to school at the beginning of the
next school day if requested to do so by the student's teacher. In
this subsection, "textbook" has the meaning assigned by Section
31.002.
SECTION 4.24. Subsections (a), (c), (d), and (e), Section
26.0085, 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 4.25. Subsection (j), Section 28.0211, 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 4.26. Subsection (f), Section 29.010, 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 4.27. Subsections (a) and (c), Section 29.012,
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 4.28. Subsections (c), (d), and (e), Section
29.062, 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 4.29. Subsections (a), (b), (b-1), (c), (e), (k),
and (l), Section 29.087, 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 4.30. Subsections (a) through (d), (i), and (j),
Section 29.155, 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 4.31. Subsection (b), Section 29.905, 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 4.32. Subsection (b), Section 31.021, Education
Code, is amended to read as follows:
(b) The State Board of Education shall annually set aside
out of the available school fund of the state an amount sufficient
for the board and[,] school districts[, and open-enrollment charter
schools] to purchase and distribute the necessary textbooks for the
use of the students of this state for the following school year.
The board shall determine the amount of the available school fund to
set aside for the state textbook fund based on:
(1) a report by the commissioner issued on July 1 or,
if that date is a Saturday or Sunday, on the following Monday,
stating the amount of unobligated money in the fund;
(2) the commissioner's estimate, based on textbooks
selected under Section 31.101 and on attendance reports submitted
under Section 31.103 by school districts [and open-enrollment
charter schools], of the amount of funds, in addition to funds
reported under Subdivision (1), that will be necessary for purchase
and distribution of textbooks for the following school year; and
(3) any amount the board determines should be set
aside for emergency purposes caused by unexpected increases in
attendance.
SECTION 4.33. Subsection (a), Section 31.027, Education
Code, is amended to read as follows:
(a) A publisher shall provide each school district [and
open-enrollment charter school] with information that fully
describes each of the publisher's adopted textbooks. On request of
a school district, a publisher shall provide a sample copy of an
adopted textbook.
SECTION 4.34. Section 31.030, Education Code, is amended to
read as follows:
Sec. 31.030. USED TEXTBOOKS. The State Board of Education
shall adopt rules to ensure that used textbooks sold to 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 textbooks who knowingly violates
this section.
SECTION 4.35. Section 31.101, Education Code, is amended to
read as follows:
Sec. 31.101. SELECTION AND PURCHASE OF TEXTBOOKS BY SCHOOL
DISTRICTS. (a) Each year, during a period established by the
State Board of Education, the board of trustees of each school
district [and the governing body of each open-enrollment charter
school] shall:
(1) for a subject in the foundation curriculum, notify
the State Board of Education of the textbooks selected by the board
of trustees [or governing body] for the following school year from
among the textbooks on the appropriate conforming or nonconforming
list; or
(2) for a subject in the enrichment curriculum:
(A) notify the State Board of Education of each
textbook selected by the board of trustees [or governing body] for
the following school year from among the textbooks on the
appropriate conforming or nonconforming list; or
(B) notify the State Board of Education that the
board of trustees [or governing body] has selected a textbook that
is not on the conforming or nonconforming list.
(b) If a school district [or open-enrollment charter
school] selects a textbook for a particular subject in the
enrichment curriculum and grade level that is not on the conforming
or nonconforming list, the state shall pay to the district [or
school] an amount equal to the lesser of:
(1) 70 percent of the cost to the district of the
textbook, multiplied by the number of textbooks the district [or
school] needs for that subject and grade level; or
(2) 70 percent of the limitation established under
Section 31.025 for a textbook for that subject and grade level,
multiplied by the number of textbooks the district [or school]
needs for that subject and grade level.
(c) A school district [or open-enrollment charter school]
that selects a textbook that is not on the conforming or
nonconforming list:
(1) is responsible for the portion of the cost of the
textbook that is not paid by the state under Subsection (b); and
(2) may use funds received from the state under
Subsection (b) only for purchasing the textbook for which the funds
were received.
(d) For a textbook that is not on the conforming or
nonconforming list, a school district [or open-enrollment charter
school] must use the textbook for the period of the review and
adoption cycle the State Board of Education has established for the
subject and grade level for which the textbook is used.
SECTION 4.36. Subsection (c), Section 31.102, Education
Code, is amended to read as follows:
(c) The board of trustees of a school district [or the
governing body of an open-enrollment charter school] is the legal
custodian of textbooks purchased as provided by this chapter for
the district [or school]. The board of trustees shall distribute
textbooks to students in the manner that the board [or governing
body] determines is most effective and economical.
SECTION 4.37. Section 31.103, Education Code, is amended to
read as follows:
Sec. 31.103. TEXTBOOK REQUISITIONS. (a) Not later than
the seventh day after the first school day in April, each principal
shall report the maximum attendance for the school to the
superintendent. Not later than April 25, the superintendent of a
school district [or the chief operating officer of an
open-enrollment charter school] shall report the district's [or
school's] maximum attendance to the commissioner.
(b) A requisition for textbooks for the following school
year shall be based on the maximum attendance reports under
Subsection (a), plus an additional 10 percent, except as otherwise
provided. A school district [or open-enrollment charter school]
shall make a requisition for a textbook on the conforming or
nonconforming list through the commissioner to the state depository
designated by the publisher or as provided by State Board of
Education rule, as applicable, not later than June 1 of each year.
The designated state depository or, if the publisher or
manufacturer does not have a designated textbook depository in this
state under Section 31.151(a)(6)(B), the publisher or manufacturer
shall fill a requisition approved by the agency at any other time in
the case of an emergency. As made necessary by available funds, the
commissioner shall reduce the additional percentage of attendance
for which a district [or school] may requisition textbooks. The
commissioner may, on application of a district [or school] that is
experiencing high enrollment growth, increase the additional
percentage of attendance for which the district [or school] may
requisition textbooks.
(c) In making a requisition under this section, a school
district [or open-enrollment charter school] may requisition
textbooks on the conforming or nonconforming list for grades above
the grade level in which a student is enrolled, except that the
total quantity of textbooks requisitioned under this section may
not exceed the limit prescribed by Subsection (b).
SECTION 4.38. Subsections (a), (b), and (d), Section
31.104, Education Code, are amended to read as follows:
(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 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 textbooks that have been lost or damaged
directly from:
(1) the textbook depository; or
(2) the textbook publisher 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).
(d) Each student, or the student's parent or guardian, is
responsible for each textbook not returned by the student. A
student who fails to return all textbooks forfeits the right to free
textbooks until each 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 textbooks at
school during each school day. If 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.
SECTION 4.39. Section 31.105, Education Code, is amended to
read as follows:
Sec. 31.105. SALE OF TEXTBOOKS. The board of trustees of a
school district [or governing body of an open-enrollment charter
school] may sell textbooks, other than electronic textbooks, to a
student or another school at the state contract price. The district
shall send money from the sale of textbooks to the commissioner as
required by the commissioner. The commissioner shall deposit the
money in the state textbook fund.
SECTION 4.40. Section 31.106, Education Code, is amended to
read as follows:
Sec. 31.106. USE OF LOCAL FUNDS. In addition to any
textbook selected under this chapter, a school district [or
open-enrollment charter school] may use local funds to purchase any
textbooks.
SECTION 4.41. Subsection (a), Section 31.151, Education
Code, is amended to read as follows:
(a) A publisher or manufacturer of textbooks:
(1) shall furnish any 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 textbook for
adoption or sale to any state, public school, or school district in
the United States;
(2) shall automatically reduce the price of a textbook
sold for use in a school district [or open-enrollment charter
school] to the extent that the price is reduced elsewhere in the
United States;
(3) shall provide any textbook or ancillary item free
of charge in this state to the same extent that the publisher or
manufacturer provides the 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 a textbook sold
in this state is at least equal in quality to copies of that
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
textbooks or enter into any understanding or combination to control
prices or restrict competition in the sale of 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 textbooks to a 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 textbooks is
acknowledged, provide to school districts [or open-enrollment
charter schools] an accurate shipping date for textbooks that are
back-ordered;
(8) shall guarantee delivery of textbooks at least 10
business days before the opening day of school of the year for which
the textbooks are ordered if the 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 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.
SECTION 4.42. Subsection (c), Section 31.201, Education
Code, is amended to read as follows:
(c) The State Board of Education shall adopt rules under
which a school district [or open-enrollment charter school] may
donate discontinued textbooks, other than electronic textbooks, to
a student, to an adult education program, or to a nonprofit
organization.
SECTION 4.43. 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 4.44. 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 4.45. 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 4.46. 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 4.47. 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 4.48. 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 4.49. 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 4.50. 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 4.51. Subsection (e), Section 37.007, 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 4.52. Subsection (j), Section 37.008, 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 4.53. Subdivision (2), Subsection (a), Section
37.022, Education Code, as renumbered by H.B. No. 2018, Acts of the
79th Legislature, Regular Session, 2005, effective September 1,
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 4.54. Subsection (a), Section 39.131, Education
Code, is amended to read as follows:
(a) If a district does not satisfy the accreditation
criteria, 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 been rated as academically
unacceptable 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 a district has been rated as academically
unacceptable for a period of two years or more:
(A) 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 years 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.
SECTION 4.55. Subsection (a), Section 39.182, 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 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;
(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;
(5) a summary compilation of overall performance of
students at risk of dropping out of school, as defined by Section
29.081(d), 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) an evaluation of the correlation between student
grades and student performance on academic skills assessment
instruments required by Section 39.023;
(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;
(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);
(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;
(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;
(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);
(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;
(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;
(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;
(15) a description of all funds received by and each
activity and expenditure of the agency;
(16) a summary and analysis of the instructional
expenditures ratios and instructional employees ratios of school
districts computed under Section 44.0071;
(17) a summary of the effect of deregulation,
including exemptions and waivers granted under Section 7.056 or
39.112;
(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;
(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;
(20) a comparison of the performance of public charter
districts [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 public charter districts [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;
(21) a summary of the information required by Section
38.0141 regarding student health and physical activity from each
school district; and
(22) any additional information considered important
by the commissioner or the State Board of Education.
SECTION 4.56. Subsection (f), Section 42.005, Education
Code, is amended to read as follows:
(f) A public charter district [An open-enrollment charter
school] is not entitled to funding based on an adjustment under
Subsection (b)(2).
SECTION 4.57. Subsection (c), Section 42.152, Education
Code, is amended to read as follows:
(c) Funds allocated under this section shall be used to fund
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.
Specifically, the funds, other than an indirect cost allotment
established under State Board of Education rule, which may not
exceed 15 percent, may be used to meet the costs of providing a
compensatory, intensive, or accelerated instruction program under
Section 29.081 or an alternative education program established
under Section 37.008 or to support a program eligible under Title I
of the Elementary and Secondary Education Act of 1965, as provided
by Pub. L. No. 103-382 and its subsequent amendments, and by federal
regulations implementing that Act, at a campus at which at least 40
percent of the students are educationally disadvantaged. In
meeting the costs of providing a compensatory, intensive, or
accelerated instruction program under Section 29.081, a district's
compensatory education allotment shall be used for costs
supplementary to the regular education program, such as costs for
program and student evaluation, instructional materials and
equipment and other supplies required for quality instruction,
supplemental staff expenses, salary for teachers of at-risk
students, smaller class size, and individualized instruction. A
home-rule school district or a public charter district [an
open-enrollment charter school] must use funds allocated under
Subsection (a) for a purpose authorized in this subsection but is
not otherwise subject to Subchapter C, Chapter 29. Notwithstanding
any other provisions of this section:
(1) to ensure that a sufficient amount of the funds
allotted under this section are available to supplement
instructional programs and services, no more than 18 percent of the
funds allotted under this section may be used to fund disciplinary
alternative education programs established under Section 37.008;
(2) the commissioner may waive the limitations of
Subdivision (1) upon an annual petition, by a district's board and a
district's site-based decision making committee, presenting the
reason for the need to spend supplemental compensatory education
funds on disciplinary alternative education programs under Section
37.008, provided that:
(A) the district in its petition reports the
number of students in each grade level, by demographic subgroup,
not making satisfactory progress under the state's assessment
system; and
(B) the commissioner makes the waiver request
information available annually to the public on the agency's
website; and
(3) for purposes of this subsection, a program
specifically designed to serve students at risk of dropping out of
school, as defined by Section 29.081, is considered to be a program
supplemental to the regular education program, and a district may
use its compensatory education allotment for such a program.
SECTION 4.58. Subsection (a), Section 44.008, 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 4.59. 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 4.60. 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 4.61. Subdivision (10), Section 53.02, Education
Code, as renumbered by H.B. No. 2701, Acts of the 79th Legislature,
Regular Session, 2005, effective September 1, 2005, is amended to
read as follows:
(10) "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 4.62. 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 4.63. Subsections (a), (c), (d), (f), and (g),
Section 53.351, 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 4.64. Subsection (c), Section 411.097, 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 4.65. Subsections (a) and (b), Section 2175.128,
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 4.66. Subsection (a), Section 2306.630, 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 4.67. Subdivision (6), Section 1575.002, 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 4.68. Subdivision (3), Section 1579.002, 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 4.69. 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 4.70. Subsection (c), Section 140.006, 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 4.71. Subdivision (2), Section 375.303, 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 4.72. Subsections (b) and (c), Section 375.308,
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 4.73. Subdivision (15), Section 541.201,
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 4.74. Subdivision (9), Section 57.042, 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 4.75. Subdivision (2), Section 4, 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 4.76. 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 4.77. 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 4.78. The changes in law made by Sections 4.04
through 4.78 of this article apply beginning August 1, 2006, except
that Sections 4.11, 4.12, 4.59, and 4.77 apply beginning September
1, 2005.
ARTICLE 5. CONFORMING AMENDMENTS
PART A. CONFORMING AMENDMENTS EFFECTIVE
SEPTEMBER 1, 2005
SECTION 5A.01. Subsection (c), Section 22.004, Education
Code, 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 Chapter 1579
[Article 3.50-7], 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 [Section 9, Article
3.50-7], Insurance Code, or by Chapter 1580 [Article 3.50-8],
Insurance Code.
SECTION 5A.02. Subsection (c), Section 822.201, Government
Code, 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) compensation designated [contributions to a
health reimbursement arrangement account received] by an employee
as health care supplementation under Chapter 1580 [Article 3.50-8],
Insurance Code, subject to the following limits:
(A) $1,000, for an employee entitled to the
minimum salary under Section 21.402, Education Code;
(B) $1,000, for a full-time support staff
employee entitled to a wage increase under Section 22.008(a),
Education Code; and
(C) $500, for a part-time support staff employee
entitled to a wage increase under Section 22.008(b), Education
Code; and
(11) any compensation not described by Subsection (b).
SECTION 5A.03. This part applies beginning with the
2005-2006 school year.
PART B. CONFORMING AMENDMENTS
RELATED TO EDUCATION FUNDING AND EQUALIZATION
SECTION 5B.01. Subdivision (34), Subsection (b), Section
7.055, 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 5B.02. Subsection (b), Section 12.013, 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 5B.03. Subsection (h), Section 21.410, 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 5B.04. Subsection (h), Section 21.411, 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 5B.05. Subsection (h), Section 21.412, 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 5B.06. Subsection (h), Section 21.413, Education
Code, as added by Section 2, Chapter 430, Acts of the 78th
Legislature, Regular Session, 2003, 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 5B.07. Subsection (b), Section 21.453, 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 5B.08. Subsection (d), Section 29.014, 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
42.102 for the school district in which the district is
geographically located; and
(2) the weight for a homebound student under Section
42.151(a).
SECTION 5B.09. Subsection (j), Section 29.087, 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 5B.10. Subsection (a), Section 29.202, Education
Code, is amended to read as follows:
(a) 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.
SECTION 5B.11. Subsection (b), Section 29.203, Education
Code, is amended to read as follows:
(b) A school district is entitled to the allotment provided
by Section 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 5B.12. 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 S.B. No. 2, Acts of the 79th
Legislature, 2nd 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 apart as a separate account in the
foundation school fund and appropriated to those schools for
educational purposes.
SECTION 5B.13. 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 5B.14. Section 87.208, Education Code, is amended
to read as follows:
Sec. 87.208. SEABORNE CONSERVATION CORPS. If the board of
regents of The Texas A&M University System administers a program
that is substantially similar to the Seaborne Conservation Corps as
it was administered by the board during the 1998-1999 school year,
the program is entitled, for each student enrolled, to allotments
from the Foundation School Program under Chapter 42 as if the
program were a school district, except that:
(1) the program has a local share applied that is
equivalent to the local fund assignment of the school district in
which the principal facilities of the program are located; and
(2) the district enrichment tax rate under Section
42.302 is the average district enrichment tax rate for the state.
SECTION 5B.15. Subsection (k), Section 96.707, Education
Code, is amended to read as follows:
(k) For each student enrolled in the academy, the academy is
entitled to allotments from the Foundation School Program under
Chapter 42 as if the academy were a school district, except that:
(1) the academy has a local share applied that is
equivalent to the local fund assignment of the Beaumont Independent
School District; and
(2) the district enrichment tax rate under Section
42.302 is the average district enrichment tax rate for the state.
SECTION 5B.16. Subsection (e), Section 105.301, 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 basic program
[tier one] local share for purposes of Section 42.253; and
(4) in determining funding for the academy:
(A) the adjustment under Section 42.102 is the
adjustment of the school district in which the principal facilities
of the academy are located; and
(B) the district enrichment tax rate under
Section 42.302 is the average district enrichment tax rate for the
state.
SECTION 5B.17. Subsection (f), Section 317.005, 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 42.253(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 5B.18. Subsection (c), Section 2175.304,
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 5B.19. Subsection (a), Section 1579.251, Insurance
Code, is amended 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 Chapter [Chapters 41 and] 42, Education Code, in a
manner the commissioner of education determines appropriate [and
used by school districts and charter schools as provided by
Sections 42.2514 and 42.260, Education Code].
SECTION 5B.20. Subsection (c), Section 302.006, 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 5B.21. Subsection (b), Section 6.02, 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 5B.22. Subsection (a), Section 21.02, 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 5B.23. Subsection (d), Section 39.901, Utilities
Code, is amended to read as follows:
(d) Not later than May 1 of each year, subject to Section
39.903(b), the commission shall transfer from the system benefit
fund to the foundation school fund the amount determined by the
Texas Education Agency under Subsection (b) to the extent that
funds are available. Amounts transferred from the system benefit
fund under this section may be appropriated only for the support of
the Foundation School Program and are available, in addition to any
amounts allocated by the General Appropriations Act, to finance
actions under Section [41.002(b) or] 42.2521, Education Code.
SECTION 5B.24. This part applies beginning with the
2006-2007 school year.
ARTICLE 6. PROPERTY TAX COLLECTIONS
SECTION 6.01. Subsection (a), Section 31.05, Tax Code, is
amended to read as follows:
(a) The governing body of a taxing unit [that collects its
own taxes] may adopt the discounts provided by Subsection (b) or
Subsection (c) [of this section], or both, in the manner required by
law for official action by the body. The discounts, if adopted,
apply only to that taxing unit's taxes [for a taxing unit for which
the adopting taxing unit collects taxes if the governing body of the
other unit, in the manner required by law for official action by the
body, adopts the discounts or approves of their application to its
taxes by the collecting unit]. If a taxing unit adopts both
discounts under Subsections (b) and (c) [of this section], the
discounts adopted under Subsection (b) apply unless the [unit mails
its] tax bills for the unit are mailed after September 30, in which
case only the discounts under Subsection (c) apply. A taxing unit
that collects taxes for another taxing unit that adopts the
discounts may prepare and mail separate tax bills on behalf of the
adopting taxing unit and may charge an additional fee for preparing
and mailing the separate tax bills and for collecting the taxes
imposed by the adopting taxing unit. If under an intergovernmental
contract a county assessor-collector collects taxes for a taxing
unit that adopts the discounts, the county assessor-collector may
terminate the contract if the county has adopted a discount policy
that is different from the discount policy adopted by the adopting
taxing unit.
SECTION 6.02. (a) Section 31.05, Tax Code, as amended by
this article, applies to the adoption of a discount by a taxing unit
beginning with the 2005 tax year, except as provided by Subsection
(b) of this section.
(b) If a taxing unit's tax bills for the 2005 tax year are
mailed before the effective date of this article, Section 31.05,
Tax Code, as amended by this article, applies to the adoption of a
discount by the taxing unit beginning with the 2006 tax year, and
the law in effect when the tax bills were mailed applies to the 2005
tax year with respect to that taxing unit.
ARTICLE 7. ABOLISHMENT OF STATE BOARD FOR EDUCATOR CERTIFICATION;
TRANSFER OF POWERS AND DUTIES
SECTION 7.01. Subsection (a), Section 21.0031, Education
Code, is amended to read as follows:
(a) An employee's probationary, continuing, or term
contract under this chapter is void if the employee:
(1) does not hold a certificate or permit issued under
Subchapter B [by the State Board for Educator Certification]; or
(2) fails to fulfill the requirements necessary to
extend the employee's temporary or emergency certificate or permit.
SECTION 7.02. Subsections (a) through (e), Section 21.004,
Education Code, are amended to read as follows:
(a) To the extent that funds are available, the agency[, the
State Board for Educator Certification,] and the Texas Higher
Education Coordinating Board shall develop and implement programs
to identify talented students and recruit those students and
persons, including high school and undergraduate students,
mid-career and retired professionals, honorably discharged and
retired military personnel, and members of underrepresented gender
and ethnic groups, into the teaching profession.
(b) From available funds, the agency[, the State Board for
Educator Certification,] and the Texas Higher Education
Coordinating Board shall develop and distribute materials that
emphasize the importance of the teaching profession and inform
individuals about state-funded loan forgiveness and tuition
assistance programs.
(c) The commissioner, in cooperation with the commissioner
of higher education [and the executive director of the State Board
for Educator Certification], shall annually identify the need for
teachers in specific subject areas and geographic regions and among
underrepresented groups. The commissioner shall give priority to
developing and implementing recruitment programs to address those
needs from the agency's discretionary funds.
(d) The agency[, the State Board for Educator
Certification,] and the Texas Higher Education Coordinating Board
shall encourage the business community to cooperate with local
schools to develop recruiting programs designed to attract and
retain capable teachers, including programs to provide summer
employment opportunities for teachers.
(e) The agency[, the State Board for Educator
Certification,] and the Texas Higher Education Coordinating Board
shall encourage major education associations to cooperate in
developing a long-range program promoting teaching as a career and
to assist in identifying local activities and resources that may be
used to promote the teaching profession.
SECTION 7.03. Section 21.006, Education Code, is amended by
amending Subsections (a), (b), (c), (e), (f), and (g) and adding
Subsection (h) to read as follows:
(a) In this section:
(1) "Abuse"[, "abuse"] has the meaning assigned by
Section 261.001, Family Code, and includes any sexual conduct
involving an educator and a student or minor.
(2) "Board" means the Educators' Professional
Practices Board.
(b) In addition to the reporting requirement under Section
261.101, Family Code, the superintendent or director of a school
district, regional education service center, or shared services
arrangement shall notify the commissioner [State Board for Educator
Certification] if the superintendent or director has reasonable
cause to believe that:
(1) an educator employed by or seeking employment by
the district, service center, or shared services arrangement has a
criminal record;
(2) an educator's employment at the district, service
center, or shared services arrangement was terminated based on a
determination that the educator:
(A) abused or otherwise committed an unlawful act
with a student or minor;
(B) possessed, transferred, sold, or distributed
a controlled substance, as defined by Chapter 481, Health and
Safety Code, or by 21 U.S.C. Section 801 et seq.[, and its
subsequent amendments];
(C) illegally transferred, appropriated, or
expended funds or other property of the district, service center,
or shared services arrangement;
(D) attempted by fraudulent or unauthorized
means to obtain or alter a professional certificate or license for
the purpose of promotion or additional compensation; or
(E) committed a criminal offense or any part of a
criminal offense on school property or at a school-sponsored event;
or
(3) the educator resigned and reasonable evidence
supports a recommendation by the superintendent or director to
terminate the educator based on a determination that the educator
engaged in misconduct described by Subdivision (2).
(c) The superintendent or director must notify the
commissioner [State Board for Educator Certification] by filing a
report with the commissioner [board] not later than the seventh day
after the date the superintendent or director first learns about an
alleged incident of misconduct described by Subsection (b). The
report must be:
(1) in writing; and
(2) in a form prescribed by the board.
(e) A superintendent or director who in good faith and while
acting in an official capacity files a report with the commissioner
[State Board for Educator Certification] under this section is
immune from civil or criminal liability that might otherwise be
incurred or imposed.
(f) The board, acting on a recommendation of the
commissioner, [State Board for Educator Certification] shall
determine whether to impose sanctions against a superintendent or
director who fails to file a report in violation of Subsection (c).
(g) The commissioner [State Board for Educator
Certification] shall propose rules as necessary to implement this
section.
(h) The commissioner shall forward a report received under
this section to the board for use as the commissioner determines
appropriate in the execution of the board's duties.
SECTION 7.035. Subchapter A, Chapter 21, Education Code, is
amended by adding Section 21.007 to read as follows:
Sec. 21.007. RECOMMENDATION TO SANCTION. The commissioner
shall determine whether to recommend a sanction against an educator
to the board under this chapter. The board shall make a final
determination regarding the imposition of a sanction under this
chapter.
SECTION 7.04. Sections 21.031 and 21.032, Education Code,
are amended to read as follows:
Sec. 21.031. PURPOSE. (a) The Educators' Professional
Practices [State] Board [for Educator Certification] is
established in the agency to [recognize public school educators as
professionals and to grant educators the authority to govern the
standards of their profession. The board shall] regulate and
oversee [all aspects of] the [certification, continuing education,
and] standards of conduct of public school educators.
(b) The commissioner shall adopt rules governing the
certification of educators and continuing education for educators.
In adopting [In proposing] rules under this subchapter, the
commissioner [board] shall ensure that all candidates for
certification or renewal of certification demonstrate the
knowledge and skills necessary to improve the performance of the
diverse student population of this state.
Sec. 21.032. DEFINITION. In this subchapter, "board" means
the Educators' Professional Practices [State] Board [for Educator
Certification].
SECTION 7.05. The heading to Section 21.033, Education
Code, is amended to read as follows:
Sec. 21.033. EDUCATORS' PROFESSIONAL PRACTICES [STATE]
BOARD [FOR EDUCATOR CERTIFICATION].
SECTION 7.06. Section 21.033, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (d), (e), and
(f) to read as follows:
(a) The board [State Board for Educator Certification] is
composed of 11 [14] members[. The commissioner of education shall
appoint an employee of the agency to represent the commissioner as a
nonvoting member. The commissioner of higher education shall
appoint an employee of the Texas Higher Education Coordinating
Board to represent the commissioner as a nonvoting member. The
governor shall appoint a dean of a college of education in this
state as a nonvoting member. The remaining 11 members are]
appointed by the commissioner [governor with the advice and consent
of the senate,] as follows:
(1) six [four] members must be classroom teachers,
appointed as provided by Subsection (a-1) [employed in public
schools];
(2) not more than two members of the board may [must]
be [public] school administrators; and
(3) a number of other members consistent with this
subsection who the commissioner determines are qualified [one
member must be a public school counselor; and
[(4) four members must be citizens, three of whom are
not and have not, in the five years preceding appointment, been
employed by a public school district or by an educator preparation
program in an institution of higher education and one of whom is not
and has not been employed by a public school district or by an
educator preparation program in an institution of higher
education].
(a-1) In appointing a board member under Subsection (a)(1),
the commissioner shall request a list of qualified candidates from
each of the four statewide professional educator associations in
this state with the largest membership of classroom teachers and
shall make appointments from the candidates listed. Not later than
the 30th day after the date on which the association receives notice
of the commissioner's request for candidate nominations, the
association shall submit a list of six candidates for membership on
the board. If the commissioner does not receive nominations for at
least 12 candidates the commissioner may appoint classroom teachers
not nominated by an association.
(d) The commissioner shall designate a member of the board
as the presiding officer of the board to serve in that capacity at
the pleasure of the commissioner.
(e) The agency shall provide administrative services for
the board as necessary.
(f) A reference in law to the State Board for Educator
Certification means the Educators' Professional Practices Board.
SECTION 7.07. Section 21.034, Education Code, is amended to
read as follows:
Sec. 21.034. TERMS; VACANCY. (a) The board members
[appointed by the governor] hold office for staggered terms of six
years with the terms of one-third, or as near to one-third as
possible, of the members expiring on February 1 of each
odd–numbered year. [A member appointed by the commissioner of
education or the commissioner of higher education serves at the
will of the appointing commissioner.]
(b) In the event of a vacancy during a term of a member
[appointed by the governor], the commissioner [governor] shall
appoint a replacement who meets the qualifications of the vacated
office to fill the unexpired portion of the term.
(c) A vacancy arises if a member [appointed by the governor]
no longer qualifies for the office to which the member was
appointed, as determined by the commissioner.
SECTION 7.075. Subsection (a), Section 21.035, Education
Code, is amended to read as follows:
[(a)] 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 on
the date prescribed by Section 7.004 for abolishment of the agency
[September 1, 2005].
SECTION 7.08. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0391 to read as follows:
Sec. 21.0391. ADVISORY COMMITTEE. (a) The commissioner
shall appoint an advisory committee composed of holders of each
class of educator certificate and stakeholders as required under
Chapter 2008, Government Code.
(b) The advisory committee shall recommend educator
certification standards and educator preparation program standards
under Sections 21.044 and 21.045, and propose related rules to the
commissioner through negotiated rulemaking under Chapter 2008,
Government Code. For purposes of that chapter, the advisory
committee is considered to be the negotiated rulemaking committee
described by Section 2008.054.
(c) The commissioner may not finally adopt or amend a rule
subject to this section unless the State Board of Education has
failed to reject the rule or amendment by an affirmative vote of
two-thirds of its members. A vote under this subsection may be
conducted by mail ballot, provided that the State Board of
Education has at least 30 days' written notice of the proposed final
rule adoption.
(d) Members of the advisory committee serve at the will of
the commissioner.
SECTION 7.09. Sections 21.041, 21.044, and 21.045,
Education Code, are amended to read as follows:
Sec. 21.041. RULES; FEES. (a) The board may adopt rules as
necessary for its own procedures.
(a-1) The board shall adopt rules that provide for the
adoption and amendment of an educator's code of ethics.
(b) The commissioner [board] shall adopt [propose] rules
that:
(1) provide for the issuance and renewal of educator
certificates [regulation of educators and the general
administration of this subchapter] in a manner consistent with this
subchapter;
(2) specify the classes of educator certificates to be
issued, including emergency certificates;
(3) specify the period for which each class of
educator certificate is valid;
(4) specify the requirements for the issuance and
renewal of an educator certificate;
(5) provide for the issuance of an educator
certificate to a person who holds a similar certificate issued by
another state or foreign country, subject to Section 21.052;
(6) provide for special or restricted certification of
educators, including certification of instructors of American Sign
Language;
(7) provide for disciplinary proceedings, including
the suspension or revocation of an educator certificate, as
provided by Chapter 2001, Government Code;
(8) [provide for the adoption, amendment, and
enforcement of an educator's code of ethics;
[(9)] provide for continuing education requirements;
[and]
(9) [(10)] provide for certification of persons
performing appraisals under Subchapter H; and
(10) provide for the regulation of educators in a
manner consistent with this subchapter.
(c) The commissioner by rule [board] shall set [propose a
rule adopting] a fee for the issuance and maintenance of an educator
certificate that is adequate to cover the cost of administration of
this subchapter, including costs related to the operation of the
board.
Sec. 21.044. EDUCATOR PREPARATION. The commissioner
[board] shall adopt [propose] rules establishing the training
requirements a person must accomplish to obtain a certificate,
enter an internship, or enter an induction-year program. The
commissioner [board] shall specify the minimum academic
qualifications required for a certificate.
Sec. 21.045. ACCOUNTABILITY SYSTEM FOR EDUCATOR
PREPARATION PROGRAMS. (a) The commissioner [board] shall adopt
[propose] rules establishing standards to govern the approval and
continuing accountability of all educator preparation programs
based on information that is disaggregated with respect to sex and
ethnicity and that includes:
(1) results of the certification examinations
prescribed under Section 21.048(a); and
(2) performance based on the appraisal system for
beginning teachers adopted by the commissioner [board].
(b) Each educator preparation program shall submit data
elements as required by the commissioner [board] for an annual
performance report to ensure access and equity. At a minimum, the
annual report must contain the performance data from Subsection (a)
and the following information, disaggregated by sex and ethnicity:
(1) the number of candidates who apply;
(2) the number of candidates admitted;
(3) the number of candidates retained;
(4) the number of candidates completing the program;
(5) the number of candidates employed in the
profession after completing the program; and
(6) the number of candidates retained in the
profession.
(c) The commissioner [board] shall adopt [propose] rules
establishing performance standards for the Accountability System
for Educator Preparation for accrediting educator preparation
programs. At a minimum, performance standards must be based on
Subsection (a). The commissioner [board] shall adopt [propose]
rules for the sanction of educator preparation programs and shall
annually review the accreditation status of each educator
preparation program.
(d) The commissioner [executive director of the board]
shall appoint an oversight team of educators to make
recommendations and provide assistance to educator preparation
programs that do not meet accreditation standards. If, after one
year, an educator preparation program has not fulfilled the
recommendations of the oversight team, the commissioner [executive
director] shall appoint a person to administer and manage the
operations of the program. If the program does not improve after
two years, the commissioner [board] shall revoke the approval of
the program to prepare educators for state certification.
SECTION 7.10. Subsections (c) and (d), Section 21.046,
Education Code, are amended to read as follows:
(c) Because an effective principal is essential to school
improvement, the commissioner [board] shall ensure that:
(1) each candidate for certification as a principal is
of the highest caliber; and
(2) multi-level screening processes, validated
comprehensive assessment programs, and flexible internships with
successful mentors exist to determine whether a candidate for
certification as a principal possesses the essential knowledge,
skills, and leadership capabilities necessary for success.
(d) In creating the qualifications for certification as a
principal, the commissioner [board] shall consider the knowledge,
skills, and proficiencies for principals as developed by relevant
national organizations and the State Board of Education.
SECTION 7.11. Subsection (a), Section 21.048, Education
Code, is amended to read as follows:
(a) The commissioner [board] shall adopt [propose] rules
prescribing comprehensive examinations for each class of
certificate issued by the board.
SECTION 7.12. Sections 21.0481, 21.0482, 21.0483, 21.0484,
and 21.049, Education Code, are amended to read as follows:
Sec. 21.0481. MASTER READING 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 reading performance, the commissioner [board] shall
establish a master reading teacher certificate.
(b) The board shall issue a master reading teacher
certificate to each eligible person.
(c) To be eligible for a master reading teacher certificate,
a person must:
(1) hold a reading specialist certificate issued under
this subchapter and satisfactorily complete a course of instruction
as prescribed under Subdivision (2)(B); or
(2) hold a teaching certificate issued under this
subchapter and:
(A) have at least three years of teaching
experience;
(B) satisfactorily complete a knowledge-based
and skills-based course of instruction on the science of teaching
children to read that includes training in:
(i) effective reading instruction
techniques, including effective techniques for students whose
primary language is a language other than English;
(ii) identification of dyslexia and related
reading disorders and effective reading instruction techniques for
students with those disorders; and
(iii) effective professional peer
mentoring techniques;
(C) perform satisfactorily on the master reading
teacher certification examination prescribed by the commissioner
[board]; and
(D) satisfy any other requirements prescribed by
the commissioner [board].
Sec. 21.0482. MASTER MATHEMATICS 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 mathematics performance, the commissioner [board] shall
establish:
(1) a master mathematics teacher certificate to teach
mathematics at elementary school grade levels;
(2) a master mathematics teacher certificate to teach
mathematics at middle school grade levels; and
(3) a master mathematics teacher certificate to teach
mathematics at high school grade levels.
(b) The board shall issue the appropriate master
mathematics teacher certificate to each eligible person.
(c) To be eligible for a master mathematics teacher
certificate, a person must:
(1) hold a teaching certificate issued under this
subchapter;
(2) have at least three years of teaching experience;
(3) satisfactorily complete a knowledge-based course
of instruction on the science of teaching children mathematics that
includes training in mathematics instruction and professional peer
mentoring techniques that, through scientific testing, have been
proven effective;
(4) perform satisfactorily on the appropriate master
mathematics teacher certification examination prescribed by the
commissioner [board]; and
(5) satisfy any other requirements prescribed by the
commissioner [board].
(d) The course of instruction prescribed under Subsection
(c)(3) shall be developed by the commissioner [board] in
consultation with mathematics and science faculty members at
institutions of higher education.
Sec. 21.0483. MASTER TECHNOLOGY TEACHER CERTIFICATION.
(a) To ensure that there are teachers with special training to
work with other teachers and with students in order to increase the
use of technology in each classroom, the commissioner [board] shall
establish a master technology teacher certificate.
(b) The board shall issue a master technology teacher
certificate to each eligible person.
(c) To be eligible for a master technology teacher
certificate, a person must:
(1) hold a technology applications or Technology
Education certificate issued under this subchapter, satisfactorily
complete the course of instruction prescribed under Subdivision
(2)(B), and satisfactorily perform on the examination prescribed
under Subdivision (2)(C); or
(2) hold a teaching certificate issued under this
subchapter and:
(A) have at least three years of teaching
experience;
(B) satisfactorily complete a knowledge-based
and skills-based course of instruction on interdisciplinary
technology applications and the science of teaching technology that
includes training in:
(i) effective technology instruction
techniques, including applications designed to meet the
educational needs of students with disabilities;
(ii) classroom teaching methodology that
engages student learning through the integration of technology;
(iii) digital learning competencies,
including Internet research, graphics, animation, website
mastering, and video technologies;
(iv) curriculum models designed to prepare
teachers to facilitate an active student learning environment; and
(v) effective professional peer mentoring
techniques;
(C) satisfactorily perform on an examination
developed in cooperation with the Telecommunications
Infrastructure Fund Board and administered at the conclusion of the
course of instruction prescribed under Paragraph (B); and
(D) satisfy any other requirements prescribed by
the commissioner [board].
(d) The commissioner [board] may provide technology
applications training courses under Subsection (c)(2)(B) in
cooperation with:
(1) regional education service centers; and
(2) other public or private entities, including any
state council on technology.
Sec. 21.0484. MASTER SCIENCE 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 science performance, the commissioner [board] shall
establish:
(1) a master science teacher certificate to teach
science at elementary school grade levels;
(2) a master science teacher certificate to teach
science at middle school grade levels; and
(3) a master science teacher certificate to teach
science at high school grade levels.
(b) The board shall issue the appropriate master science
teacher certificate to each eligible person.
(c) To be eligible for a master science teacher certificate,
a person must:
(1) hold a teaching certificate issued under this
subchapter;
(2) have at least three years of teaching experience;
(3) satisfactorily complete a knowledge-based course
of instruction on the science of teaching children science that
includes training in science instruction and professional peer
mentoring techniques that, through scientific testing, have been
proven effective;
(4) perform satisfactorily on the appropriate master
science teacher certification examination prescribed by the
commissioner [board]; and
(5) satisfy any other requirements prescribed by the
commissioner [board].
(d) The course of instruction prescribed under Subsection
(c)(3) shall be developed by the commissioner [board] in
consultation with science faculty members at institutions of higher
education.
Sec. 21.049. ALTERNATIVE CERTIFICATION. (a) To provide a
continuing additional source of qualified educators, the
commissioner [board] shall adopt [propose] rules providing for
educator certification programs as an alternative to traditional
educator preparation programs. The rules may not provide that a
person may be certified under this section only if there is a
demonstrated shortage of educators in a school district or subject
area.
(b) The commissioner [board] may not require a person
employed as a teacher in a disciplinary [an] alternative education
program under Section 37.008 or a juvenile justice alternative
education program under Section 37.011 for at least three years to
complete an alternative educator certification program adopted
under this section before taking the appropriate certification
examination.
SECTION 7.13. Subsections (a) and (b), Section 21.050,
Education Code, are amended to read as follows:
(a) A person who applies for a teaching certificate for
which commissioner [board] rules require a bachelor's degree must
possess a bachelor's degree received with an academic major or
interdisciplinary academic major, including reading, other than
education, that is related to the curriculum as prescribed under
Subchapter A, Chapter 28.
(b) The commissioner [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 commissioner
[board] shall provide for a minimum number of semester credit hours
of internship to be included in the hours needed for certification.
The commissioner [board] may adopt [propose] rules requiring
additional credit hours for certification in bilingual education,
English as a second language, early childhood education, or special
education.
SECTION 7.14. Section 21.051, Education Code, is amended to
read as follows:
Sec. 21.051. OPTIONS FOR FIELD EXPERIENCE AND INTERNSHIPS.
The commissioner [board] shall adopt [propose] rules providing
flexible options for persons for any field experience or internship
required for certification.
SECTION 7.15. Subsection (a), Section 21.054, Education
Code, is amended to read as follows:
(a) The commissioner [board] shall adopt [propose] rules
establishing a process for identifying continuing education
courses and programs that fulfill educators' continuing education
requirements.
SECTION 7.16. Section 21.056, Education Code, is amended to
read as follows:
Sec. 21.056. ADDITIONAL CERTIFICATION. The commissioner
[board] by rule shall provide for a certified educator to qualify
for additional certification to teach at a grade level or in a
subject area not covered by the educator's certificate upon
satisfactory completion of an examination or other assessment of
the educator's qualification.
SECTION 7.17. Subsection (d), Section 21.057, Education
Code, is amended to read as follows:
(d) For purposes of this section, "inappropriately
certified or uncertified teacher":
(1) includes:
(A) an individual serving on an emergency
certificate issued under Section 21.041(b)(2); or
(B) an individual who does not hold any
certificate or permit issued under this chapter and is not employed
as specified by Subdivision (2)(E); and
(2) does not include an individual:
(A) who is a certified teacher assigned to teach
a class or classes outside his or her area of certification, as
determined by rules adopted [proposed] by the commissioner [board]
in specifying the certificate required for each assignment;
(B) serving on a certificate issued due to a
hearing impairment under Section 21.048;
(C) serving on a certificate issued pursuant to
enrollment in an approved alternative certification program under
Section 21.049;
(D) certified by another state or country and
serving on a certificate issued under Section 21.052;
(E) serving on a school district teaching permit
issued under Section 21.055; or
(F) employed under a waiver granted by the
commissioner pursuant to Section 7.056.
SECTION 7.18. Subsection (d), Section 21.058, Education
Code, is amended to read as follows:
(d) A person whose certificate is revoked under Subsection
(b) may reapply for a certificate in accordance with commissioner
[board] rules.
SECTION 7.19. Subsection (c), Section 21.105, Education
Code, is amended to read as follows:
(c) On written complaint by the employing district and
recommendation by the commissioner, the Educators' Professional
Practices [State] Board [for Educator Certification] may impose
sanctions against a teacher employed under a probationary contract
who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
SECTION 7.20. Subsection (c), Section 21.160, Education
Code, is amended to read as follows:
(c) On written complaint by the employing district and
recommendation by the commissioner, the Educators' Professional
Practices [State] Board [for Educator Certification] may impose
sanctions against a teacher who is employed under a continuing
contract that obligates the district to employ the person for the
following school year and who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
SECTION 7.21. Subsection (c), Section 21.210, Education
Code, is amended to read as follows:
(c) On written complaint by the employing district and
recommendation by the commissioner, the Educators' Professional
Practices [State] Board [for Educator Certification] may impose
sanctions against a teacher who is employed under a term contract
that obligates the district to employ the person for the following
school year and who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
SECTION 7.22. Section 21.503, Education Code, is amended to
read as follows:
Sec. 21.503. ELIGIBILITY. A person is eligible for the
program if the person:
(1) has served in the armed forces of the United
States;
(2) is honorably discharged, retired, or released from
active duty on or after October 1, 1990, after at least six years of
continuous active duty service immediately before the discharge,
retirement, or release;
(3) has received a baccalaureate or advanced degree
from a public or private institution of higher education accredited
by a regional accrediting agency or group that is recognized by a
nationally recognized accreditation board; and
(4) satisfies any other criteria for selection
[jointly] prescribed by the agency [and the State Board for
Educator Certification].
SECTION 7.23. Subsection (b), Section 21.504, Education
Code, is amended to read as follows:
(b) The agency [and the State Board for Educator
Certification] shall distribute the applications and information
regarding the program.
SECTION 7.24. Subsection (c), Section 21.510, Education
Code, is amended to read as follows:
(c) For purposes of this section, a participant in the
program is not considered to be in violation of an agreement under
Section 21.508 during any period in which the participant:
(1) is pursuing a full-time course of study related to
the field of teaching at a public or private institution of higher
education approved by the agency [State Board for Educator
Certification];
(2) is serving on active duty as a member of the armed
forces of the United States;
(3) is temporarily totally disabled for a period not
to exceed three years as established by sworn affidavit of a
qualified physician;
(4) is unable to secure employment for a period not to
exceed one year because of care required by a disabled spouse;
(5) is seeking and unable to find full-time employment
as a teacher in a public elementary or secondary school for a single
period not to exceed 27 months; or
(6) satisfies the provisions of any additional
reimbursement exception adopted by the agency.
SECTION 7.25. Sections 21.551, 21.552, and 21.553,
Education Code, are amended to read as follows:
Sec. 21.551. PURPOSES. The purposes of the alternative
certification Teach for Texas Pilot Program are to:
(1) attract to the teaching profession persons who
have expressed interest in teaching and to support the
certification of those persons as teachers;
(2) recognize the importance of the certification
process governed by the commissioner [State Board for Educator
Certification] under Subchapter B, which requires verification of
competence in subject area and professional knowledge and skills;
(3) encourage the creation and expansion of educator
preparation programs that recognize the knowledge and skills gained
through previous educational and work-related experiences and that
are delivered in a manner that recognizes individual circumstances,
including the need to remain employed full-time while enrolled in
the Teach for Texas Pilot Program; and
(4) provide annual stipends to postbaccalaureate
teacher certification candidates.
Sec. 21.552. PROGRAM ESTABLISHED. The commissioner [State
Board for Educator Certification] by rule shall establish the Teach
for Texas Pilot Program consistent with the purposes provided by
Section 21.551.
Sec. 21.553. FINANCIAL INCENTIVES. (a) The pilot program
must offer to participants financial incentives, including tuition
assistance and loan forgiveness. In offering a financial
incentive, the commissioner [State Board for Educator
Certification] shall:
(1) require a contract between each participant who
accepts a financial incentive and the agency [State Board for
Educator Certification] under which the participant is obligated to
teach in a public school in this state for a stated period after
certification;
(2) provide financial incentives in proportion to the
length of the period the participant is obligated by contract to
teach after certification; and
(3) give special financial incentives to a participant
who agrees in the contract to teach in an underserved area.
(b) Financial incentives may be paid only from funds
appropriated specifically for that purpose and from gifts, grants,
and donations solicited or accepted by the commissioner [State
Board for Educator Certification] for that purpose.
(c) The commissioner [State Board for Educator
Certification] shall adopt [propose] rules establishing criteria
for awarding financial incentives under this section, including
criteria for awarding financial incentives if there are more
participants than funds available to provide the financial
incentives.
SECTION 7.26. Subsection (b), Section 21.604, Education
Code, is amended to read as follows:
(b) The agency [and the State Board for Educator
Certification] shall distribute the applications and information
regarding the program.
SECTION 7.27. Subsection (c), Section 21.609, Education
Code, is amended to read as follows:
(c) For purposes of this section, a participant in the
program is not considered to be in violation of an agreement under
Section 21.607 during any period in which the participant:
(1) is pursuing a full-time course of study related to
the field of teaching at an institution of higher education
approved by the agency [State Board for Educator Certification];
(2) is serving on active duty as a member of the armed
forces of the United States;
(3) is temporarily totally disabled for a period not
to exceed three years as established by affidavit of a qualified
physician;
(4) is unable to secure employment for a period not to
exceed one year because of care required by a disabled spouse;
(5) is seeking and unable to find full-time employment
as a teacher in a public elementary or secondary school for a single
period not to exceed 27 months; or
(6) satisfies the provisions of any additional
reimbursement exception adopted by the agency.
SECTION 7.28. Subsection (b), Section 22.0512, Education
Code, is amended to read as follows:
(b) In this section, "disciplinary proceeding" means:
(1) an action brought by the school district employing
a professional employee of a school district to discharge or
suspend the employee or terminate or not renew the employee's term
contract; or
(2) an action brought by the Educators' Professional
Practices [State] Board [for Educator Certification] to enforce the
educator's code of ethics adopted under Section 21.041(a-1)
[21.041(b)(8)].
SECTION 7.29. 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
criminal history record information that relates to an applicant
for or holder of a certificate issued under Subchapter B, Chapter
21.
(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.
SECTION 7.30. Subsection (d), Section 22.083, Education
Code, is amended to read as follows:
(d) The superintendent of a district or the director of 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. The board shall notify the commissioner of the
reported criminal history.
SECTION 7.31. 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, 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 [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, 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 7.32. Subsections (a), (b), (c) and (e), Section
29.061, Education Code, are amended to read as follows:
(a) The commissioner [State Board for Educator
Certification] shall provide for the issuance of teaching
certificates appropriate for bilingual education instruction to
teachers who possess a speaking, reading, and writing ability in a
language other than English in which bilingual education programs
are offered and who meet the general requirements of Chapter 21.
The commissioner [board] shall also provide for the issuance of
teaching certificates appropriate for teaching English as a second
language. The commissioner [board] may issue emergency
endorsements in bilingual education and in teaching English as a
second language.
(b) A teacher assigned to a bilingual education program must
be appropriately certified under Subchapter B, Chapter 21, for
bilingual education [by the board].
(c) A teacher assigned to an English as a second language or
other special language program must be appropriately certified
under Subchapter B, Chapter 21, for English as a second language [by
the board].
(e) The agency [State Board for Educator Certification] and
the Texas Higher Education Coordinating Board shall develop a
comprehensive plan for meeting the teacher supply needs created by
the programs outlined in this subchapter.
SECTION 7.33. Subsections (b) and (c), Section 33.002,
Education Code, are amended to read as follows:
(b) A school district with 500 or more students enrolled in
elementary school grades shall employ a counselor certified under
the rules of the commissioner [State Board for Educator
Certification] for each elementary school in the district. A
school district shall employ at least one counselor for every 500
elementary school students in the district.
(c) A school district with fewer than 500 students enrolled
in elementary school grades shall provide guidance and counseling
services to elementary school students by:
(1) employing a part-time counselor certified under
the rules of the commissioner [State Board for Educator
Certification];
(2) employing a part-time teacher certified as a
counselor under the rules of the commissioner [State Board for
Educator Certification]; or
(3) entering into a shared services arrangement
agreement with one or more school districts to share a counselor
certified under the rules of the commissioner [State Board for
Educator Certification].
SECTION 7.34. Subsection (g), Section 37.007, Education
Code, as amended by H. B. No. 603, Acts of the 79th Legislature,
Regular Session, 2005, effective September 1, 2005, is amended to
read as follows:
(g) In addition to any notice required under Article 15.27,
Code of Criminal Procedure, a school district shall inform each
educator who has responsibility for, or is under the direction and
supervision of an educator who has responsibility for, the
instruction of a student who has engaged in any violation listed in
this section of the student's misconduct. 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 Educators' Professional Practices [State] Board on
recommendation of the commissioner [for Educator Certification]
may revoke or suspend the certification of an educator who
intentionally violates this subsection.
SECTION 7.35. Section 61.0514, Education Code, is amended
to read as follows:
Sec. 61.0514. INTEGRATED COURSEWORK. The board, with the
cooperation and advice of the commissioner of education [State
Board for Educator Certification], shall adopt educator
preparation coursework guidelines that promote, to the greatest
extent practicable, the integration of subject matter knowledge
with classroom teaching strategies and techniques in order to
maximize the effectiveness and efficiency of coursework required
for certification under Subchapter B, Chapter 21.
SECTION 7.36. Section 61.077, Education Code, as amended by
Chapters 61, 818, and 820, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted and amended to read as follows:
Sec. 61.077. P-16 COUNCIL. (a) The P-16 Council shall
advise the Texas Higher Education Coordinating Board and the State
Board of Education in coordinating postsecondary career and
technology activities, career and technology teacher education
programs offered or proposed to be offered in the colleges and
universities of this state, and other relevant matters, including
those listed in Section 61.076.
(b) The council is composed of the commissioner of
education, the commissioner of higher education, and the executive
director of the Texas Workforce Commission[, and the executive
director of the State Board for Educator Certification]. Existing
members of the council may appoint additional members as the
members consider necessary. The position of presiding officer
rotates among the members of the council in the order the members
are listed in this subsection, with each member serving as the
presiding officer for one two-year term.
(c) The council shall meet at least once each calendar
quarter and may hold other meetings as necessary at the call of the
presiding officer. Each member of the council or the member's
designee shall make a report of the council's activities at least
twice annually to the governing body of the member's agency or, in
the case of the commissioner of education, to the State Board of
Education.
(d) The purposes of this council shall include the
following:
(1) to advise the two boards on the coordination of
postsecondary career and technology education and the articulation
between postsecondary career and technology education and
secondary career and technology education;
(2) to facilitate the transfer of responsibilities for
the administration of postsecondary career and technology
education from the State Board of Education to the board in
accordance with Section 111(a)(I) of the Carl D. Perkins Vocational
Education Act, Public Law 98-524;
(3) to cooperate with the commissioner of higher
education and the State Board of Education, when it acts as the
State Board for Career and Technology Education, on the following:
(A) the transfer of federal funds to the board
for allotment to eligible public postsecondary institutions of
higher education;
(B) the career and technology education funding
for projects and institutions as determined by the board when the
State Board for Career and Technology Education is required by
federal law to endorse such determinations;
(C) the development and updating of the state
plan for career and technology education and the evaluation of
programs, services, and activities of postsecondary career and
technology education and such amendments to the state plan for
career and technology education as may relate to postsecondary
education;
(D) other matters related to postsecondary
career and technology education; and
(E) the coordination of curricula, instructional
programs, research, and other functions as appropriate, including
areas listed in Section 61.076, school-to-work and
school-to-college transition programs, and professional
development activities;
(4) to advise the Texas Workforce Investment Council
on educational policy issues related to workforce preparation; and
(5) to examine and make recommendations regarding the
alignment of secondary and postsecondary education:
(A) curricula; and
(B) testing and assessment.
(e) Subsection (d)(5) does not require the council to
establish curriculum or testing or assessment standards.
SECTION 7.37. Subsection (a), Section 1001.254, Education
Code, is amended to read as follows:
(a) A temporary driver education instructor license may be
issued authorizing a person to teach or provide classroom driver
education training if the person:
(1) has completed the educational requirements
prescribed by Section 1001.253(d)(1);
(2) holds a Texas teaching certificate with an
effective date before February 1, 1986;
(3) meets all license requirements, other than
successful completion of the examination required under rules
adopted by the commissioner [State Board for Educator
Certification] to revalidate the teaching certificate; and
(4) demonstrates, in a manner prescribed by the
commissioner, the intention to comply with the examination
requirement at the first available opportunity.
SECTION 7.38. Subsection (a), Article 15.27, Code of
Criminal Procedure, is amended to read as follows:
(a) A law enforcement agency that arrests any person or
refers a child to the office or official designated by the juvenile
board who the agency believes is enrolled as a student in a public
primary or secondary school, for an offense listed in Subsection
(h), shall attempt to ascertain whether the person is so enrolled.
If the law enforcement agency ascertains that the individual is
enrolled as a student in a public primary or secondary school, the
agency shall orally notify the superintendent or a person
designated by the superintendent in the school district in which
the student is enrolled of that arrest or referral within 24 hours
after the arrest or referral is made, or on the next school day. If
the law enforcement agency cannot ascertain whether the individual
is enrolled as a student, the agency shall orally notify the
superintendent or a person designated by the superintendent in the
school district in which the student is believed to be enrolled of
that arrest or detention within 24 hours after the arrest or
detention, or on the next school day. If the individual is a
student, the superintendent shall promptly notify all
instructional and support personnel who have responsibility for
supervision of the student. All personnel shall keep the
information received in this subsection confidential. The
Educators' Professional Practices [State] Board [for Educator
Certification] may revoke or suspend the certification of personnel
who intentionally violate this subsection. Within seven days after
the date the oral notice is given, the law enforcement agency shall
mail written notification, marked "PERSONAL and CONFIDENTIAL" on
the mailing envelope, to the superintendent or the person
designated by the superintendent. Both the oral and written notice
shall contain sufficient details of the arrest or referral and the
acts allegedly committed by the student to enable the
superintendent or the superintendent's designee to determine
whether there is a reasonable belief that the student has engaged in
conduct defined as a felony offense by the Penal Code. The
information contained in the notice may be considered by the
superintendent or the superintendent's designee in making such a
determination.
SECTION 7.39. Subsection (b), Article 42.018, Code of
Criminal Procedure, is amended to read as follows:
(b) Not later than the fifth day after the date a person who
holds a certificate issued under Subchapter B, Chapter 21,
Education Code, is convicted or granted deferred adjudication on
the basis of an offense, the clerk of the court in which the
conviction or deferred adjudication is entered shall provide to the
Texas Education Agency and the Educators' Professional Practices
[State] Board [for Educator Certification] written notice of the
person's conviction or deferred adjudication, including the
offense on which the conviction or deferred adjudication was based.
SECTION 7.40. Section 411.090, Government Code, is amended
to read as follows:
Sec. 411.090. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: 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 a person who has applied to the commissioner
[board] for a certificate or holds a certificate under Subchapter
B, Chapter 21, 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 [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 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 Educators' Professional Practices Board is entitled
to obtain from the department any criminal history record
information maintained by the department about a person who holds a
certificate issued under Subchapter B, Chapter 21, Education Code.
(d) Criminal history record information obtained by the
board under Subsection (c):
(1) may be used for any purpose related to the
suspension or revocation of a certificate issued under Subchapter
B, Chapter 21, Education Code;
(2) may be provided to the Texas Education Agency to be
used for any purpose related to the issuance or denial of a
certificate 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 holder of the certificate;
and
(4) shall be destroyed by the board after the
information is used for the authorized purposes.
SECTION 7.41. Subsection (d), Section 411.097, Government
Code, is amended to read as follows:
(d) Criminal history record information obtained by a
school district, charter school, private school, service center,
commercial transportation company, or shared services arrangement
under Subsection (a), (b), or (c) may not be released or disclosed
to any person, other than the individual who is the subject of the
information, the Texas Education Agency, the Educators'
Professional Practices [State] Board [for Educator Certification],
or the chief personnel officer of the transportation company, if
the information is obtained under Subsection (a)(2).
SECTION 7.42. Subsection (a), Section 654.011, Government
Code, is amended to read as follows:
(a) The position classification plan and the salary rates
and provisions in the General Appropriations Act apply to all
hourly, part-time, temporary, and regular, full-time salaried
employments in the state departments, agencies, or judicial
entities specified in the articles of the General Appropriations
Act that appropriate money to:
(1) general government agencies;
(2) health and human services agencies;
(3) the judiciary, except for judges, district
attorneys, and assistant district attorneys;
(4) public safety and criminal justice agencies;
(5) natural resources agencies;
(6) business and economic development agencies;
(7) regulatory agencies; and
(8) agencies of public education, but only the Texas
Education Agency, the Texas School for the Blind and Visually
Impaired, [the State Board for Educator Certification,] the
Telecommunications Infrastructure Fund, and the Texas School for
the Deaf.
SECTION 7.43. Subdivision (7), Section 821.001, Government
Code, is amended to read as follows:
(7) "Employer" means any agents or agencies in the
state responsible for public education, including the governing
board of any school district created under the laws of this state,
any county school board, the board of trustees, the board of regents
of any college or university, or any other legally constituted
board or agency of any public school, but excluding the State Board
of Education and[,] the Texas Education Agency[, and the State
Board for Educator Certification].
SECTION 7.44. Section 821.103, Government Code, is amended
to read as follows:
Sec. 821.103. CANCELLATION OF TEACHER CERTIFICATE.
(a) After receiving notice from the board of trustees of an
offense under Section 821.101 and after complying with Chapter 2001
and rules adopted by the Educators' Professional Practices [State]
Board [for Educator Certification], the board [State Board for
Educator Certification] may cancel the teacher certificate of a
person if the board [State Board for Educator Certification]
determines that the person committed the offense.
(b) The Educators' Professional Practices [executive
director of the State] Board [for Educator Certification] may enter
into an agreed sanction.
(c) A criminal prosecution of an offender under Section
821.101 is not a prerequisite to action by the Educators'
Professional Practices [State] Board [for Educator Certification
or its executive director].
SECTION 7.45. Subsection (a), Section 2054.352, Government
Code, is reenacted and amended to conform to Chapters 553, 1216, and
1275, Acts of the 78th Legislature, Regular Session, 2003, and
further amended to read as follows:
(a) The following licensing entities shall participate in
the system established under Section 2054.353[, as added by Chapter
353, Acts of the 77th Legislature, Regular Session, 2001]:
(1) State Board of Barber Examiners;
(2) Texas Board of Chiropractic Examiners;
(3) Texas Cosmetology Commission;
(4) Court Reporters Certification Board;
(5) State Board of Dental Examiners;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Land Surveying;
(8) Texas State Board of Medical Examiners;
(9) Board of Nurse Examiners;
(10) Texas Optometry Board;
(11) Texas Structural Pest Control Board;
(12) Texas State Board of Pharmacy;
(13) Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(14) Texas State Board of Plumbing Examiners;
(15) Texas State Board of Podiatric Medical Examiners;
(16) Board of Tax Professional Examiners;
(17) Polygraph Examiners Board;
(18) Texas State Board of Examiners of Psychologists;
(19) State Board of Veterinary Medical Examiners;
(20) Texas Real Estate Commission;
(21) Texas Appraiser Licensing and Certification
Board;
(22) Texas Department of Licensing and Regulation;
(23) [(24)] Texas State Board of Public Accountancy;
(24) Texas Education Agency;
(25) Educators' Professional Practices [State] Board
[for Educator Certification];
(26) Texas Board of Professional Engineers;
(27) Texas Department of Health;
(28) Texas Board of Architectural Examiners;
(29) Texas Racing Commission;
(30) Commission on Law Enforcement Officer Standards
and Education; and
(31) Texas Commission on Private Security.
SECTION 7.46. Subsection (c), Section 2165.104, Government
Code, is amended to read as follows:
(c) To the extent possible without sacrificing critical
public or client services, the commission may not allocate usable
office space, as defined by the commission, to a state agency under
Article I, II, V, VI, VII, or VIII of the General Appropriations Act
or to the Texas Higher Education Coordinating Board, the Texas
Education Agency, the Educators' Professional Practices [State]
Board [for Educator Certification], the Telecommunications
Infrastructure Fund Board, or the Office of Court Administration of
the Texas Judicial System in an amount that exceeds an average of
135 square feet per agency employee for each agency site. To the
extent that any of those agencies allocates its own usable office
space, as defined by the commission, the agency shall allocate the
space to achieve the required ratio. This subsection does not apply
to:
(1) an agency site at which there are so few employees
that it is not practical to apply this subsection to that site, as
determined by the commission; and
(2) an agency site at which it is not practical to
apply this subsection because of the site's type of space or use of
space, as determined by the commission.
SECTION 7.47. Subsection (b), Section 504.002, Occupations
Code, is amended to read as follows:
(b) This chapter does not apply to an activity or service of
a person who:
(1) is employed as a counselor by a federal
institution and is providing chemical dependency counseling within
the scope of the person's employment;
(2) except as provided by Section 504.057, is a
student, intern, or trainee pursuing a supervised course of study
in counseling at a regionally accredited institution of higher
education or training institution, if the person:
(A) is designated as a "counselor intern"; and
(B) is engaging in the activity or providing the
service as part of the course of study;
(3) is not a resident of this state, if the person:
(A) engages in the activity or provides the
service in this state for not more than 30 days during any year; and
(B) is authorized to engage in the activity or
provide the service under the law of the state of the person's
residence;
(4) is a licensed physician, psychologist,
professional counselor, or social worker;
(5) is a religious leader of a congregation providing
pastoral chemical dependency counseling within the scope of the
person's duties;
(6) is working for or providing counseling with a
program exempt under Subchapter C, Chapter 464, Health and Safety
Code; or
(7) is a school counselor certified under Subchapter
B, Chapter 21, Education Code [by the State Board for Educator
Certification].
SECTION 7.48. Subsections (b) and (c), Section 21.035, and
Sections 21.039, 21.040, and 21.042, Education Code, are repealed.
SECTION 7.49. (a) The State Board for Educator
Certification is abolished, and all powers, duties, personnel,
property, assets, and obligations of the board are transferred to
the Educators' Professional Practices Board and the Texas Education
Agency, as determined appropriate by the commissioner of education.
The validity of a prior action of the State Board for Educator
Certification is not affected by the abolishment and any pending
activities of the State Board for Educator Certification shall be
deemed to have continued without interruption or material change.
(b) The powers and duties of the Educators' Professional
Practices Board, as created by this Act, shall continue to be
exercised by the State Board for Educator Certification until the
initial appointees of the Educators' Professional Practices Board
assume their offices, which may not be later than January 1, 2006.
(c) All rules of the State Board for Educator Certification
relating to a transferred power or duty remain in effect as rules of
the Educators' Professional Practices Board or commissioner of
education, as appropriate, until amended or repealed by the board
or commissioner.
(d) A contested case, rulemaking procedure, program, test,
fee, contract, review, evaluation, sanction, act, or decision of
the State Board for Educator Certification that is pending,
completed, or in effect on the effective date of this Act shall be
deemed that of the commissioner of education or the Educators'
Professional Practices Board to the extent authorized by Subchapter
B, Chapter 21, Education Code, as amended by this Act, or other law,
until and unless a change is expressly made by the commissioner or
the board, as appropriate.
(e) As soon as practicable after the effective date of this
article and not later than November 1, 2005, the commissioner of
education shall make initial appointments to the Educators'
Professional Practices Board. In making the initial appointments,
the commissioner shall designate four members to serve terms
expiring February 1, 2007, four members to serve terms expiring
February 1, 2009, and three members to serve terms expiring
February 1, 2011.
(f) A person who holds a certificate issued under Subchapter
B, Chapter 21, Education Code, as it existed on January 1, 2005, may
continue to practice under that certificate until the certificate
is renewed or replaced under Subchapter B, Chapter 21, Education
Code, as amended by this Act.
(g) The code of ethics adopted under Subchapter B, Chapter
21, Education Code, as amended by this Act, by the State Board for
Educator Certification and in effect on the effective date of this
article remains in effect until superseded by rules of the
Educators' Professional Practices Board.
ARTICLE 8. REPEALER; TRANSITION; EFFECTIVE DATE
SECTION 8.01. (a) Effective September 1, 2005, the
following laws are repealed:
(1) Sections 1, 2, 3, and 57, Chapter 201, Acts of the
78th Legislature, Regular Session, 2003;
(2) Chapter 313, Acts of the 78th Legislature, Regular
Session, 2003;
(3) Section 1.01, Chapter 366, Acts of the 78th
Legislature, Regular Session, 2003; and
(4) Sections 7.006, 8.010, Subsection (h), Section
29.056, Subsection (g), Section 37.004, Subsections (b), (c), and
(f), Section 39.027, Subsection (d), Section 39.051, Section
39.073, Section 39.074, and Subsection (e-1), Section 42.253,
Education Code.
(b) Effective September 1, 2006, Subsections (b) and (c),
Section 25.0811, Education Code, are repealed.
SECTION 8.02. Effective September 1, 2006, the following
laws are repealed:
(1) the following provisions of the Education Code:
(A) Subchapters B, C, E, F, and G, Chapter 41;
(B) Subchapter F, Chapter 42, as it existed on
November 1, 2005;
(C) Subsection (b), Section 21.402, Subsections
(c) and (g), Section 29.203, Sections 31.025, 31.1031, 41.001,
41.002, 41.003, 41.0031, 41.007, Subsection (b), Section 41.009,
Sections 41.011, 41.092, 41.099, Subsection (b), Section 41.252,
Subsections (b) and (e), Section 42.103, and Sections 42.2514,
42.2517, 42.259, 42.260, and 42.4101; and
(D) Subsection (a-1), Section 42.2512, and
Section 42.2541, as added by Part A, Article 1, of this Act;
(2) the following provisions of the Insurance Code:
(A) Subsection (b), Section 1581.053; and
(B) Subchapter C, Chapter 1581; and
(3) Subsection (g), Sections 6.02, Subsection (m),
Section 6.03, Subsection (b), Section 21.02, and Subsection (k),
Section 25.25, Tax Code.
SECTION 8.03. A school district maintenance tax rate
imposed under Sections 45.002 and 45.003, Education Code, before
September 1, 2005, is void.
SECTION 8.04. (a) Except as provided by Subsection (b) of
this section, if two or more sections of this Act amend the same
provision of law, the sections of the Act should be harmonized, if
possible, so that effect may be given to each section.
(b) If a section of this Act repeals a provision of Chapter
12, Education Code, that section prevails over a section of this Act
that amends the same provision.
SECTION 8.05. A change in law made by this Act relating to a
school district maintenance tax or enrichment tax under Chapter 41
or Chapter 42, Education Code, prevails over any similar provision
of H.B. No. 3, Acts of the 79th Legislature, 2nd Called Session,
2005.
SECTION 8.06. Except as otherwise specifically provided by
this Act, this Act applies beginning with the 2005-2006 school
year.
SECTION 8.07. Except as otherwise specifically provided by
this Act, this Act takes effect September 1, 2005, but only if H.B.
No. 3, Acts of the 79th Legislature, 2nd Called Session, 2005,
becomes law. If H.B. No. 3 does not become law, this Act has no
effect.
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