79R7247 SLO-D
By: Shapiro S.B. No. 1393
A BILL TO BE ENTITLED
AN ACT
relating to the accountability of regional education service
centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8.101, Education Code, is amended to
read as follows:
Sec. 8.101. PERFORMANCE STANDARDS AND INDICATORS. (a) The
commissioner shall establish performance standards and indicators
for regional education service centers that measure the achievement
of the objectives in Section 8.002. Performance standards and
indicators must include the following:
(1) student performance in districts served,
including student performance on assessment instruments
administered under Section 39.023;
(2) district effectiveness and efficiency in
districts served resulting from technical assistance and program
support;
(3) direct services provided or regionally shared
services arranged by the service center which produce more
economical and efficient school operations;
(4) direct services provided or regionally shared
services arranged by the service center which provide for
assistance in core services; and
(5) grants received for implementation of state
initiatives and the results achieved by the service center under
the terms of the grant contract.
(b) The commissioner shall establish a system of uniform
indicators by which to measure a regional education service
center's financial performance.
SECTION 2. Section 8.103, Education Code, is amended to
read as follows:
Sec. 8.103. ANNUAL EVALUATION. (a) The commissioner shall
conduct an annual evaluation of each executive director and
regional education service center. Each evaluation must include:
(1) an audit of the center's finances, including a
review of the center's financial performance on the indicators
adopted under Section 8.101(b);
(2) a review of the center's performance on the
indicators adopted under Section 8.101(a) [8.101];
(3) a review of client satisfaction with services
provided under Subchapter B;
(4) a survey of the center's board of directors
concerning the performance of the center's executive director;
(5) a review of:
(A) the number of programs offered by the center
to improve student performance on assessment instruments
administered under Section 39.023; and
(B) the attendance rate at each program described
by Paragraph (A) during each year of the preceding two years;
(6) a review of the center's performance on four goals
established by the center for improving the center's performance;
and
(7) [(4)] a review of any other factor the
commissioner determines to be appropriate.
(b) The agency shall post the results of an evaluation
conducted under this section on the agency's Internet website.
SECTION 3. Subchapter C, Chapter 8, Education Code, is
amended by adding Section 8.1031 to read as follows:
Sec. 8.1031. RATING SYSTEM. (a) The commissioner shall
establish a system for rating regional education service centers on
the basis of the results of evaluations conducted under Section
8.103.
(b) The rating system must include a minimum level of
performance that a regional education service center is expected to
achieve on each area evaluated under Section 8.103 and on the
overall evaluation. A center that does not meet the minimum level
of overall performance is considered to be low-performing.
SECTION 4. Section 8.104, Education Code, is amended to
read as follows:
Sec. 8.104. SANCTIONS. (a) The commissioner shall develop
a system of corrective actions to require of a regional education
service center that the commissioner determines to be
low-performing [deficient in an accountability measure] under
Section 8.1031 [8.103].
(b) The actions must include, in increasing order of
severity:
(1) conducting an on-site investigation of the center;
(2) requiring the center to send notice [of each
deficiency] to each school district and campus in the center's
region or served by the center the previous year concerning any area
of performance, including overall performance, that is below the
minimum level of performance established for that area under
Section 8.1031;
(3) requiring the center to prepare for the
commissioner's approval a plan to address each area of performance
that is below the minimum level of performance established for that
area under Section 8.1031 [deficiency];
(4) appointing a master to oversee the operations of
the center; and
(5) replacing the executive director or board of
directors[; and
[(6) in the case of deficient performance in two
consecutive years, closing the center].
(c) In addition to the actions required under Subsection
(b), the commissioner shall take the following actions:
(1) for a regional education service center that has
been low-performing for one school year, place the center on
probation;
(2) for a regional education service center that has
been low-performing for two consecutive school years:
(A) continue the center's probation; and
(B) if the center's low performance is based
wholly or partly on unsatisfactory student performance on
assessment instruments administered under Section 39.023:
(i) withhold any money to which the center
is otherwise entitled for providing services relating to the
administration of or the improvement of student performance on
those assessment instruments; and
(ii) distribute the money withheld to
school districts in the region that the center serves; and
(3) for a regional education service center that has
been low-performing for three consecutive school years, close the
center.
SECTION 5. (a) As soon as practicable after the effective
date of this Act, the commissioner of education shall establish a
rating system for regional education service centers as required by
Section 8.1031, Education Code, as added by this Act.
(b) The Texas Education Agency shall begin rating regional
education service centers as required by Section 8.1031, Education
Code, as added by this Act, beginning with the 2006-2007 school
year.
(c) The commissioner of education may not take an action
under Section 8.104, Education Code, as amended by this Act, based
on the performance of a regional education service center for the
2005-2006 school year or an earlier school year.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.