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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; |
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(D) a university system; or |
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(E) a virtual educational system accredited by an |
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education agency. |
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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 at an institution of higher |
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education. |
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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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(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); and |
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(4) facilitate the collection of information used in |
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the administration of educational institutions. |
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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 meet 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 commissioner of education and commissioner of |
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higher education shall fully implement the system for participation |
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by educational institutions and education agencies; 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) The commissioner of education and commissioner of |
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higher education may implement the system on a pilot basis in one or |
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more educational institutions before fully implementing the system |
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as required by this section. |
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(c) The board shall adopt an implementation and transition |
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timeline for the system. |
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(d) This section expires December 1, 2011. |
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Sec. 2.0032. ENHANCEMENT OF PUBLIC EDUCATION INFORMATION |
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MANAGEMENT SYSTEM (PEIMS). (a) The commissioner of education |
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shall upgrade and enhance the Public Education Information |
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Management System (PEIMS) to the extent necessary to enable an |
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efficient transition to the system established under this chapter. |
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Any project implemented under this section to upgrade and enhance |
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the Public Education Information Management System (PEIMS) must: |
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(1) conform to the requirements of the Texas project |
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delivery framework established under Subchapter J, Chapter 2054, |
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Government Code; |
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(2) enable web-based applications and interfaces |
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within a client-server environment for future data collections; and |
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(3) be scalable to accommodate the future data needs |
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of the system. |
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(b) The commissioner of education may use funds |
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appropriated for the fiscal biennium ending August 31, 2009, and |
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federal funds, to the extent authorized under federal law, to |
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implement projects under this section. The commissioner of |
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education may accept gifts, grants, and donations for the purpose |
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of implementing projects under this section. |
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(c) Not later than December 1, 2008, the commissioner of |
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education shall prepare and deliver to each member of the |
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legislature a report concerning the progress of any project |
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implemented under this section. |
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(d) This section expires August 31, 2009. |
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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 design and monitor the implementation of the system and |
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perform other functions authorized under this chapter. |
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Sec. 2.052. MEMBERSHIP OF BOARD. (a) The board is composed |
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of 13 members, including the commissioner of education and the |
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commissioner of higher education. The commissioner of education |
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shall chair the board. |
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(b) The commissioner of education shall appoint six members |
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of the board. Two of the members appointed by the commissioner of |
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education must have extensive experience in the field of public |
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education data systems or as researchers. Two of the members |
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appointed by the commissioner of education must have extensive |
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experience in the field of public education. At least two of the |
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members appointed by the commissioner of education must be employed |
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by a school district at the time of appointment. 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 five |
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members of the board. Two 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 or as researchers. One |
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of the members appointed by the commissioner of higher education |
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must have expertise in complex business transaction software, but |
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may not be affiliated with an entity that contracts with any |
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education agency or educational institution to provide services. |
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At least two of the members appointed by the commissioner of higher |
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education must be employed by an institution of higher education at |
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the time of appointment. Two of the members appointed by the |
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commissioner of higher education must be selected from a list of |
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candidates prepared by the speaker of the house of representatives |
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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 four-year terms expiring February 1, 2011, and February 1 of |
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every fourth year thereafter, 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 commissioner |
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of education and commissioner of higher education shall establish, |
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implement, and administer the system in the manner provided by this |
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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 data previously managed separately by the Texas |
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Education Agency, the Texas Higher Education Coordinating Board, |
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and the State Board for Educator Certification. |
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(c) In designing the system, the board shall: |
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(1) develop policy objectives concerning the system; |
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(2) design 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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(3) ensure that student educational data is not |
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disclosed, removed, or copied, except as authorized under the |
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Family Educational Rights and Privacy Act (20 U.S.C. Section |
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1232g); |
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(4) limit the extent to which education agencies and |
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educational institutions are required to collect data separately |
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from the collection of data for the system; and |
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(5) allow for longitudinal analysis and program |
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evaluations through the system. |
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(d) The commissioner of education and commissioner of |
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higher education shall implement the system in a manner consistent |
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with the design adopted by the board under Subsection (c). |
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(e) The commissioner of education and commissioner of |
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higher education shall acquire access to a database that includes |
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college enrollment and graduation information concerning students |
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who attended public high schools and charter schools in this state |
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and make the information from that database available through the |
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system. To the extent authorized under state and federal law, the |
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commissioner of education and commissioner of higher education |
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shall adopt rules to ensure that educational institutions, |
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education agencies, community leaders, and members of the |
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legislature have access to the information from the database. The |
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rules shall ensure that access to student educational records is |
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limited to aggregate data that does not disclose personally |
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identifiable information about an individual student or the |
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student's family, except as specifically authorized by federal law. |
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Sec. 2.102. SYSTEM TECHNOLOGIES. In developing the system, |
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the commissioner of education and commissioner of higher education |
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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; and |
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(3) 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 commissioner of |
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education and commissioner of higher education, acting on |
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recommendation of the board, shall identify the data elements |
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required for inclusion in the system. The data elements may |
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include: |
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(1) data for each educational institution concerning |
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organization, personnel, budgetary and actual fiscal measures, and |
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student and community 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) a unique, permanent personal identification |
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number for each student enrolled in and educator employed by an |
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educational institution for the purpose of facilitating the |
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connection of relevant data elements and for use at each level of |
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the system; |
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(4) data concerning student academic performance, |
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including performance on state assessment instruments; |
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(5) demographic data for each student; and |
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(6) a secure and transferable electronic record with a |
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common data structure for each student enrolled in an educational |
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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 and |
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college preparation assessments; |
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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 to be included in the |
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system, the commissioner of education and commissioner of higher |
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education shall consider the cost to educational institutions of |
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collecting and reporting the required information. |
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(c) The commissioner of education and commissioner of |
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higher education shall ensure that the system includes flexible |
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data fields so that the system can be used in the evaluation of |
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programs at educational institutions. |
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(d) Any personally identifiable information collected under |
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this section shall not be public information subject to disclosure |
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under Chapter 552, Government Code. The commissioner of education |
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and commissioner of higher education shall adopt procedures for |
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complying with requests for information under Chapter 552, |
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Government Code, that allow for recovery of all costs associated |
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with providing information from the system. |
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Sec. 2.104. ANALYTICAL TOOLS. (a) The commissioner of |
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education and commissioner of higher education shall incorporate |
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into the system analytical tools for improving the quality of data |
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collection, management, analyses, and 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) comparative academic and fiscal measures of |
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success as provided by Section 2.105; and |
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(2) dropout prevention and intervention tools as |
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provided by Section 2.106. |
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Sec. 2.105. COMPARATIVE ACADEMIC AND FISCAL MEASURES OF |
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SUCCESS. (a) The commissioner of education and commissioner of |
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higher education shall select a methodology and incorporate into |
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the system a capability for generating reports that compare the |
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spending and performance of educational institutions over time and |
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as compared with other educational institutions. |
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(b) The methodology selected by the commissioner of |
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education and commissioner of higher education 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. 2.106. DROPOUT PREVENTION AND INTERVENTION. (a) The |
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commissioner of education and commissioner of higher education |
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shall contract with one or more centers for education research, as |
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established under Section 1.005, to develop recommendations for |
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establishing indicators for identifying students who are likely to |
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drop out of school. |
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(b) The commissioner of education shall select a |
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methodology and recommend that school districts implement a |
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reporting method that aids in the early detection and intervention |
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of students who are likely to drop out of school. |
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Sec. 2.107. MEASURES OF IMPROVEMENT IN STUDENT ACHIEVEMENT. |
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(a) The commissioner of education and commissioner of higher |
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education shall contract with one or more organizations with |
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well-established peer-review processes to: |
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(1) develop recommendations, drawing from |
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independently peer-reviewed research that is based on empirical |
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evidence and adheres to the basic principles of sound statistical |
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analysis, for using the system to measure improvement in individual |
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student achievement on assessment instruments; and |
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(2) study the feasibility, reliability, and validity |
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of using the measure of improvement in individual student |
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achievement on assessment instruments in conducting evaluations |
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and appraisals of educators. |
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(b) The results of the study conducted under Subsection |
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(a)(2) must be based on empirical evidence and published in |
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scientific journals using independent peer review. The validity of |
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a measure of improvement in individual student achievement on |
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assessment instruments must be established before the measure may |
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be a required component of an educator's evaluation or appraisal. |
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An entity that develops an assessment instrument that is used as a |
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basis for an educator's evaluation or appraisal as provided by this |
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section, as well as an impartial psychometrician, must certify that |
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the assessment instrument is validated and reliable for that |
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purpose. |
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(c) The commissioner of education and commissioner of |
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higher education shall select a methodology and incorporate into |
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the system a capability for generating reports for school districts |
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and charter schools concerning annual improvement in student |
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achievement at the student, classroom, campus, and district or |
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charter school levels. The methodology selected by the |
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commissioner of education and commissioner of higher education must |
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include advanced statistical methods that are capable of fairly and |
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accurately adjusting for factors beyond the control of an |
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educational institution or educator, including student |
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demographics and community characteristics. |
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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. The commissioner of education and the |
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Texas Higher Education Coordinating Board may, where applicable: |
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(1) separately adopt rules necessary to support the |
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implementation of criteria, strategies, and policies concerning |
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the system; and |
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(2) coordinate and adopt joint rules. |
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Sec. 2.152. COST-EFFECTIVE MANAGEMENT OF SYSTEM. (a) The |
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commissioner of education and commissioner of higher education |
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shall identify the most cost-effective approach to establishing and |
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maintaining the system, including in establishing 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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commissioner of education and commissioner of higher education: |
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(1) shall consider using the TexasOnline project as |
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provided by Section 2054.252, Government Code; |
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(2) may issue requests for proposals and award |
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contracts on a competitive basis; and |
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(3) may include incentives in contracts to facilitate |
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the receipt of timely delivery of services. |
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(c) The commissioner of education and commissioner of |
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higher education may enter into a contract with one or more persons |
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with relevant expertise to: |
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(1) advise the commissioners in issuing requests for |
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proposals under Subsection (b)(2); |
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(2) score responses to proposals received by the |
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commissioners; and |
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(3) make recommendations to the commissioners |
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concerning the proposals. |
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Sec. 2.153. ASSISTANCE OF DEPARTMENT OF INFORMATION |
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RESOURCES. The commissioner of education and commissioner of |
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higher education shall separately or jointly, as applicable, seek |
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the assistance of the Department of Information Resources in the |
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design, coordination, implementation, and management of projects |
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related to the system. |
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Sec. 2.154. PROCESS FOR RELEASING INFORMATION. The |
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commissioner of education and commissioner of higher education |
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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. 2.155. 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 2.156-2.200 reserved for expansion] |
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SUBCHAPTER E. REVIEWS AND REPORTS CONCERNING SYSTEM |
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Sec. 2.201. 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 commissioner of education and commissioner of higher education, |
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with the assistance of the board, shall provide each member of the |
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legislature with a report concerning recommendations for improving |
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the efficiency and effectiveness of the system. |
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(c) Not later than September 1, 2008, the commissioner of |
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education and commissioner of higher education shall complete the |
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first review required by Subsection (a). Not later than December 1, |
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2008, the commissioner of education and commissioner of higher |
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education shall provide the first report to each member of the |
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legislature as required by Subsection (b). The reports to be |
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provided to the legislature by December 1, 2008, and December 1, |
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2010, must include information concerning the status of the |
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transition toward the implementation of the system in accordance |
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with the timeline adopted by the board under Section 2.0031(c). |
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This subsection expires January 1, 2011. |
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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. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2007. |
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* * * * * |