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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Texas Education Data System |
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(TEDS). |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Education Code, is amended by adding |
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Chapter 2 to read as follows: |
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CHAPTER 2. TEXAS EDUCATION DATA SYSTEM (TEDS) |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 2.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the system board established under |
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Section 2.051. |
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(2) "Charter school" means any school or program that |
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is operating under a charter authorized by Chapter 12 or other law, |
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including: |
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(A) a home-rule school district under Subchapter |
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B, Chapter 12; |
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(B) a campus or campus program under Subchapter |
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C, Chapter 12; |
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(C) an open-enrollment charter school under |
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Subchapter D, Chapter 12; and |
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(D) a college or university charter school under |
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Subchapter E, Chapter 12. |
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(3) "Education agency" means: |
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(A) the Texas Education Agency, the State Board |
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for Educator Certification, or the Texas Higher Education |
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Coordinating Board; or |
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(B) a regional education service center, as |
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defined by Section 5.001, or any other public local, regional, or |
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state education organization identified by the board for |
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participation in the system. |
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(4) "Educational institution" means: |
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(A) a school district or campus; |
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(B) a charter school; |
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(C) an institution of higher education; or |
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(D) a university system. |
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(5) "Educator" means a person who: |
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(A) is required to hold a certificate issued |
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under Subchapter B, Chapter 21; or |
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(B) is an instructor or administrator at an |
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institution of higher education or university system. |
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(6) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(7) "System" means the Texas Education Data System |
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(TEDS) established under this chapter. |
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(8) "University system" has the meaning assigned by |
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Section 61.003. |
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Sec. 2.002. PURPOSE. The purpose of the system is to: |
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(1) enable educational institutions and education |
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agencies to provide detailed information for the evaluation and |
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improvement of educational programs; |
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(2) facilitate academic, fiscal, and managerial |
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accountability at educational institutions and education agencies; |
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and |
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(3) enable educational institutions and education |
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agencies to provide information to the public in a manner |
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consistent with state and federal law, including the Family |
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Educational Rights and Privacy Act (20 U.S.C. Section 1232g). |
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Sec. 2.003. PARTICIPATION REQUIRED. Each educational |
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institution and education agency shall: |
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(1) participate in the system; and |
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(2) use information systems, including connection |
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capabilities, data elements, and accounting, personnel, and |
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student information systems, that are certified by the board as |
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meeting the system's requirements. |
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Sec. 2.0031. IMPLEMENTATION. (a) Not later than September |
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1, 2011: |
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(1) the board shall fully implement the system for |
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participation by educational institutions and education agencies; |
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and |
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(2) each educational institution and education agency |
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shall begin participating in the system as required by Section |
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2.003. |
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(b) This section expires December 1, 2011. |
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Sec. 2.004. REFERENCE TO PUBLIC EDUCATION INFORMATION |
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MANAGEMENT SYSTEM (PEIMS). On or after September 1, 2011, a |
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reference in law to the Public Education Information Management |
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System (PEIMS) means the Texas Education Data System (TEDS). |
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[Sections 2.005-2.050 reserved for expansion] |
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SUBCHAPTER B. SYSTEM BOARD |
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Sec. 2.051. ESTABLISHMENT OF BOARD. The commissioner of |
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education and the commissioner of higher education shall establish |
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a board to implement and administer the system. |
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Sec. 2.052. MEMBERSHIP OF BOARD. (a) The board is composed |
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of 15 members, including the commissioner of education and the |
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commissioner of higher education. The commissioner of education |
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and the commissioner of higher education shall co-chair the board. |
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(b) The commissioner of education shall appoint seven |
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members of the board. Five of the members appointed by the |
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commissioner of education must have extensive experience in the |
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field of public education data systems. Two of the members |
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appointed by the commissioner of education must be selected from a |
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list of candidates prepared by the lieutenant governor for |
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appointment to the board. |
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(c) The commissioner of higher education shall appoint six |
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members of the board. Four of the members appointed by the |
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commissioner of higher education must have extensive experience in |
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the field of higher education data systems. Two of the members |
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appointed by the commissioner of higher education must be selected |
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from a list of candidates prepared by the speaker of the house of |
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representatives for appointment to the board. |
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Sec. 2.053. TERMS. Members of the board, other than the |
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commissioner of education and commissioner of higher education, |
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serve two-year terms expiring February 1 of each odd-numbered year, |
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and are eligible for reappointment. |
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Sec. 2.054. REIMBURSEMENT FOR EXPENSES. A member of the |
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board is not entitled to compensation for the member's service on |
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the board, but is entitled to reimbursement for actual and |
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reasonable expenses incurred while on board business as provided by |
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the General Appropriations Act. |
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[Sections 2.055-2.100 reserved for expansion] |
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SUBCHAPTER C. SYSTEM COMPONENTS |
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Sec. 2.101. ESTABLISHMENT OF SYSTEM. (a) The board shall |
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establish, implement, and administer the system in the manner |
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provided by this chapter. |
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(b) The system must be an efficient, cost-effective |
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electronic system for storage of public and higher education data |
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that consolidates systems and data previously managed separately by |
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the Texas Education Agency, the Texas Higher Education Coordinating |
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Board, and the State Board for Educator Certification. |
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(c) In implementing the system, the board shall: |
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(1) develop policy objectives concerning the system; |
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(2) design strategies for the implementation of the |
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system; and |
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(3) create evaluation criteria for the system so that |
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the system is capable of providing detailed student achievement, |
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curricular, instructional, managerial, and educational policy data |
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functions. |
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Sec. 2.102. SYSTEM TECHNOLOGIES. In developing the system, |
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the board shall ensure that the system includes: |
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(1) technologies that connect data elements among |
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educational institutions and education agencies; |
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(2) direct connection technologies that allow |
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educational institutions and education agencies to use a variety of |
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local information systems to maintain data, connect with the |
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system, and facilitate timely exchange of information; |
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(3) technologies that enable the system to be |
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connected with other relevant state or federal data systems; and |
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(4) analytical tools designed to assist educators, |
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policy makers, and researchers in the evaluation of student |
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achievement, educational programs, and operational efficiencies. |
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Sec. 2.103. SYSTEM DATA ELEMENTS. (a) The board shall |
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identify the data elements required for inclusion in the system. |
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The data elements must include: |
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(1) data for each educational institution concerning |
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personnel, revenue and expenditures, and student and community |
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demographics; |
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(2) to the extent applicable, a record of the academic |
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training, certifications, experience, and completion of continuing |
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education and professional development for each educator employed |
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by an educational institution; |
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(3) data concerning student academic performance, |
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including performance on state assessment instruments; and |
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(4) a transcript for each student enrolled in an |
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educational institution that includes the following information: |
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(A) for a student enrolled in an institution of |
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higher education: |
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(i) courses taken by the student and course |
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completion and academic performance information concerning the |
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student; |
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(ii) instructors of record for the student; |
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and |
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(iii) each degree awarded to the student; |
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and |
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(B) for a student enrolled in a school district |
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or charter school: |
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(i) courses taken by the student and grade |
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or course completion information, as applicable, concerning the |
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student; |
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(ii) teachers of record for the student; |
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(iii) the student's performance on |
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assessment instruments administered under Section 39.023; |
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(iv) information concerning whether the |
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student received special education services under Subchapter A, |
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Chapter 29, including information concerning any individualized |
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education program developed for the student under Section 29.005; |
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(v) information concerning any personal |
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graduation plan developed for the student under Section 28.0212; |
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(vi) the student's attendance records; and |
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(vii) the specific reason for leaving a |
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school district or charter school, such as transferring, |
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graduating, or dropping out of school. |
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(b) In specifying the data elements that must be included in |
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the system, the board shall consider the cost to educational |
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institutions of collecting and reporting the required information. |
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Sec. 2.104. ANALYTICAL TOOLS. (a) The board shall |
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incorporate into the system analytical tools for improving the |
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quality of data collection, management, analyses, and |
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dissemination. |
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(b) The analytical tools, where applicable, must be |
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designed to provide information that can be used directly and |
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efficiently by educators so as to limit the need for locally |
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designed data management systems. |
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(c) The analytical tools incorporated into the system under |
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this section must include: |
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(1) measures of improvement in student achievement as |
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provided by Section 2.105; |
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(2) comparative academic and fiscal measures of |
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success as provided by Section 2.106; and |
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(3) dropout prevention and intervention tools as |
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provided by Section 2.107. |
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Sec. 2.105. MEASURES OF IMPROVEMENT IN STUDENT ACHIEVEMENT. |
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(a) The board shall contract with one or more centers for education |
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research, as established under Section 1.005, to develop |
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recommendations, drawing from the best available research and |
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information, for using the system to measure improvement in |
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individual student achievement on assessment instruments |
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administered under Section 39.023. |
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(b) The board shall select a methodology and incorporate |
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into the system a capability for generating reports for school |
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districts and charter schools concerning annual improvement in |
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student achievement at the student, classroom, campus, and district |
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level. |
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(c) The methodology selected by the board must be capable of |
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providing a reliable and valid measure for use in conducting |
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appraisals of educators employed by school districts or charter |
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schools. |
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Sec. 2.106. COMPARATIVE ACADEMIC AND FISCAL MEASURES OF |
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SUCCESS. (a) The board shall select a methodology and incorporate |
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into the system a capability for generating reports that compare |
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the spending and performance of educational institutions over time |
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and as compared with other educational institutions. |
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(b) The methodology selected by the board must include |
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advanced statistical methods that can adjust for factors beyond the |
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control of an educational institution, including student |
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demographics and community characteristics. |
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Sec. 2.107. DROPOUT PREVENTION AND INTERVENTION. (a) The |
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board shall contract with one or more centers for education |
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research, as established under Section 1.005, to develop |
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recommendations for establishing indicators for identifying |
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students who are likely to drop out of school. |
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(b) The board shall select a methodology and incorporate |
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into the system a reporting method that aids in the early detection |
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and intervention of students who are likely to drop out of school. |
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Sec. 2.108. INFORMATION CONCERNING INSTRUCTIONAL METHODS |
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PROHIBITED. The system may not contain any information concerning |
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instructional methods, except as required by federal law. |
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[Sections 2.109-2.150 reserved for expansion] |
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SUBCHAPTER D. ADMINISTRATION AND MANAGEMENT OF SYSTEM |
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Sec. 2.151. RULES. (a) The commissioner of education and |
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the Texas Higher Education Coordinating Board may jointly adopt |
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rules necessary to support the implementation of criteria, |
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strategies, and policies adopted by the system board. |
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(b) The commissioner of education and the Texas Higher |
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Education Coordinating Board shall, where applicable, coordinate |
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with the State Board for Educator Certification in adopting the |
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rules. |
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Sec. 2.152. COST-EFFECTIVE MANAGEMENT OF SYSTEM. (a) The |
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board shall identify the most cost-effective approach to |
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establishing and maintaining the system, including in establishing |
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and selecting: |
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(1) interfaces to the data system for educators, |
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educational institutions, education agencies, other state |
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agencies, centers for education research established under Section |
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1.005, and the public; and |
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(2) analytical tools that improve the quality of data |
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submissions, educational programs, and operational efficiencies at |
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educational institutions and education agencies. |
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(b) To achieve the objectives described by this section, the |
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board: |
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(1) shall consider using the TexasOnline project as |
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provided by Section 2054.252, Government Code; and |
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(2) may issue requests for proposals and award |
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contracts on a competitive basis. |
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(c) The board may enter into a contract with one or more |
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persons with relevant expertise to: |
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(1) advise the board in issuing requests for proposals |
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under Subsection (b)(2); |
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(2) score responses to proposals received by the |
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board; and |
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(3) make recommendations to the board concerning the |
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proposals. |
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Sec. 2.153. ADVISORY GROUPS. The board may establish |
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stakeholder advisory groups for the purpose of providing the board |
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with additional information and expertise concerning the |
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structures and functions of the system, including the system's data |
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elements and interface design. |
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Sec. 2.154. ASSISTANCE OF DEPARTMENT OF INFORMATION |
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RESOURCES. The Department of Information Resources shall assist |
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the board in the design, coordination, implementation, and |
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management of projects related to the system. |
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Sec. 2.155. PROCESS FOR RELEASING INFORMATION. The board |
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shall develop and implement a process for releasing information for |
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research purposes in a manner consistent with state and federal |
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law, including the Family Educational Rights and Privacy Act (20 |
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U.S.C. Section 1232g). |
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Sec. 2.156. GRANTS; FEDERAL FUNDS. For the purpose of |
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developing, maintaining, and enhancing the system, the |
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commissioner of education and the commissioner of higher education: |
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(1) may solicit and receive grants; and |
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(2) where applicable, shall apply for and use relevant |
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federal funds. |
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[Sections 2.157-2.200 reserved for expansion] |
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SUBCHAPTER E. REVIEWS AND REPORTS CONCERNING SYSTEM |
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Sec. 2.201. PUBLICATION OF ANNUAL REPORT. Annually the |
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board shall publish a report concerning the system. The report must |
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include: |
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(1) information concerning the system's data |
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standards; |
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(2) descriptions of data elements and codes; |
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(3) detailed information concerning responsibilities |
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of educational institutions and education agencies relating to data |
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submission; and |
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(4) descriptions of data submission requirements, |
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including specifications for layout and editing. |
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Sec. 2.202. REVIEW; RECOMMENDATIONS TO LEGISLATURE. (a) |
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The board shall review rules, criteria, strategies, and policies |
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relating to the system and make recommendations to the commissioner |
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of education and the commissioner of higher education concerning |
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the repeal or amendment of rules or reporting requirements that are |
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unnecessary. |
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(b) Not later than December 1 of each even-numbered year, |
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the board shall provide each member of the legislature with a report |
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concerning recommendations for improving the efficiency and |
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effectiveness of the system. |
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(c) Not later than September 1, 2012, the board shall |
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complete the first review required by Subsection (a). Not later |
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than December 1, 2012, the board shall provide the first report to |
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each member of the legislature as required by Subsection (b). This |
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subsection expires January 1, 2013. |
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SECTION 2. Effective September 1, 2011, Section 42.006, |
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Education Code, is repealed. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act: |
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(1) the lieutenant governor shall provide the |
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commissioner of education with a list of candidates for appointment |
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to the Texas Education Data System (TEDS) board, as required by |
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Section 2.052, Education Code, as added by this Act; |
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(2) the speaker of the house of representatives shall |
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provide the commissioner of higher education with a list of |
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candidates for appointment to the Texas Education Data System |
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(TEDS) board, as required by Section 2.052, Education Code, as |
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added by this Act; and |
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(3) the commissioner of education and the commissioner |
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of higher education shall appoint members to the Texas Education |
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Data System (TEDS) board. |
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SECTION 4. This Act takes effect September 1, 2007. |