81R3055 CAS-F

By: Olivo H.B. No. 2476

A BILL TO BE ENTITLED

AN ACT

relating to discipline management in public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 21.451, Education Code, is amended by amending Subsection (d) and adding Subsection (c-1) to read as follows:

(c-1) The staff development must include training in discipline strategies and must address:

(1) classroom management;

(2) the school district's discipline policies; and

(3) the student code of conduct adopted under Section 37.001.

(d) The staff development may:

(1) include training in:

(A) technology; and

(B) conflict resolution; and

[(C) discipline strategies, including classroom management, district discipline policies, and the student code of conduct adopted under Section 37.001 and Chapter 37;]

(2) include training that:

(A) relates to instruction of students with disabilities; and

(B) is designed for educators who work primarily outside the area of special education; and

(3) include instruction as to what is permissible under law, including opinions of the United States Supreme Court, regarding prayer in public school.

SECTION 2. Section 21.453(b), 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 as academically unacceptable; or

(3) are otherwise in need of assistance as indicated by the academic performance or disciplinary records of students, as determined by the commissioner.

SECTION 3. Subchapter J, Chapter 21, Education Code, is amended by adding Section 21.4552 to read as follows:

Sec. 21.4552. DISCIPLINE MANAGEMENT TRAINING PROGRAM. (a) The commissioner shall develop a discipline management training program for teachers and, to the extent authorized under this section, make the training available to teachers at all grade levels.

(b) The discipline management training program developed under this section must include training for teachers in age-appropriate:

(1) conflict resolution techniques;

(2) positive behavior management;

(3) classroom management; and

(4) intervention strategies for students exhibiting behavioral difficulties.

(c) On request of the commissioner, regional education service centers shall assist in developing the discipline management training program or providing the training. The commissioner also may solicit assistance from another public entity or from a private entity.

(d) Each teacher assigned to a campus that is considered academically unacceptable under Section 39.132 based on the percentage of students placed in a disciplinary alternative education program under Section 37.008 shall participate in discipline management training under this section. The commissioner shall adopt a rule establishing criteria for selecting other teachers who may participate in the training.

(e) From funds appropriated for the purpose, a teacher who participates in discipline management training under this section is entitled to receive a stipend in a reasonable amount established by commissioner rule. The stipend is not considered in determining whether a district is paying the teacher the minimum monthly salary under Section 21.402.

(f) From funds appropriated for purposes of this section, the commissioner shall conduct or contract with a qualified public or private entity to conduct a comprehensive evaluation of the discipline management training program developed under this section, including implementation of the program. The evaluation must:

(1) use qualitative, quantitative, and expert review methodologies, including:

(A) direct observations;

(B) interviews with and surveys of teachers who have participated in the training;

(C) surveys of administrators supervising teachers who have participated in the training; and

(D) analysis of student data submitted through the Public Education Information Management System (PEIMS) to compare the percentages of disciplinary removals under Section 37.002 by teachers who have participated in the training with the percentages of such removals by teachers who have not participated in the training; and

(2) include an analysis of financial data to assess the cost-effectiveness of providing the training.

(g) Not later than December 1, 2014, the commissioner shall prepare and deliver to each member of the legislature a report describing the results of the evaluation required by Subsection (f). Subsection (f) and this subsection expire September 1, 2015.

SECTION 4. Section 37.008(m), Education Code, is amended to read as follows:

(m) The commissioner shall adopt rules necessary to evaluate annually the performance of each district's disciplinary alternative education program established under this subchapter. The evaluation required by this section shall be based on indicators defined by the commissioner, but must include student performance on assessment instruments required under Sections 39.023(a) and (c) and student dropout rates. Academically, the mission of disciplinary alternative education programs shall be to enable students to perform at grade level and, notwithstanding Subsection (l), to graduate from high school.

SECTION 5. Section 37.009, Education Code, is amended by amending Subsection (b) and adding Subsection (k) to read as follows:

(b) If a student's placement in a disciplinary alternative education program is based on conduct other than conduct for which placement in a disciplinary alternative education program is required by Section 37.006, or if the student's placement in a disciplinary alternative education program is to extend beyond 60 days or the end of the next grading period, whichever is earlier, a student's parent or guardian is entitled to notice of and an opportunity to participate in a proceeding before the board of trustees of the school district or the board's designee, as provided by policy of the board of trustees of the district. Any decision of the board or the board's designee under this subsection is final and may not be appealed.

(k) Each school district shall establish a disciplinary conference oversight committee to ensure that a conference or hearing held under this section is consistent with this chapter and the student code of conduct adopted under Section 37.001.

SECTION 6. Section 39.051(b), Education Code, is 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 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 questions developed for end-of-course assessment instruments under Section 39.0233(a) that are equivalent to a passing score on the assessment instrument required under Section 51.3062;

(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) the 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;

(9) the percentage of students, aggregated by age, grade level, ethnicity, and gender, placed in a disciplinary alternative education program under Section 37.008, and the number of those placements required to be reported under Section 37.020(b)(2) and the number required to be reported under Section 37.020(b)(4);

(10) 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 percentage on subsequent assessment instruments required under those sections, aggregated by grade level and subject area;

(11) [(10)] the percentage of students exempted, by exemption category, from the assessment program generally applicable under this chapter;

(12) [(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);

(13) [(12)] 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);

(14) [(13)] the measure of progress toward preparation for postsecondary success; and

(15) [(14)] the measure of progress toward dual language proficiency under Section 39.034(b), for students of limited English proficiency, as defined by Section 29.052.

SECTION 7. Section 39.052(b), 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 (11) [(10)];

(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 8. Sections 39.072(b) and (c), Education Code, are amended to read as follows:

(b) The academic excellence indicators adopted under Sections 39.051(b)(1) through (9) [(8)] and the district's current special education compliance status with the agency shall be the main considerations of the agency in the rating of the district 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 campus in a district and each open-enrollment charter school on the basis of the campus's performance on the indicators adopted under Sections 39.051(b)(1) through (9) [(8)]. 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.

SECTION 9. Sections 39.073(a) and (b), Education Code, are amended to read as follows:

(a) The agency shall annually review the performance of each district and campus on the indicators adopted under Sections 39.051(b)(1) through (9) [(8)] and determine if a change in the accreditation status of the district is warranted. The commissioner may determine how all indicators adopted under Section 39.051(b) may be used to determine accountability ratings and to select districts and campuses for acknowledgment.

(b) Each annual review shall include an analysis of the indicators under Sections 39.051(b)(1) through (9) [(8)] to determine district and campus performance in relation to:

(1) standards established for each indicator;

(2) required improvement as defined under Section 39.051(c); and

(3) comparable improvement as defined by Section 39.051(c).

SECTION 10. Section 39.074(e), Education Code, is amended to read as follows:

(e) If an annual review indicates low performance on one or more of the indicators under Sections 39.051(b)(1) through (9) [(8)] of one or more campuses in a district, the agency may conduct an on-site evaluation of those campuses only.

SECTION 11. Section 39.114(b), Education Code, is amended to read as follows:

(b) A school district may use funds allocated under Section 42.2516(b)(3) on any instructional program in grades six through 12 other than an athletic program if:

(1) the district is recognized as exceptional by the commissioner under the academic accountability indicator adopted under Section 39.051(b)(14) [(13)]; and

(2) the district's completion rates for grades nine through 12 meet or exceed completion rate standards required by the commissioner to achieve a rating of exemplary under Section 39.072.

SECTION 12. Section 822.201(b), Government Code, is amended to read as follows:

(b) "Salary and wages" as used in Subsection (a) means:

(1) normal periodic payments of money for service the right to which accrues on a regular basis in proportion to the service performed;

(2) amounts by which the member's salary is reduced under a salary reduction agreement authorized by Chapter 610;

(3) amounts that would otherwise qualify as salary and wages under Subdivision (1) but are not received directly by the member pursuant to a good faith, voluntary written salary reduction agreement in order to finance payments to a deferred compensation or tax sheltered annuity program specifically authorized by state law or to finance benefit options under a cafeteria plan qualifying under Section 125, [of the] Internal Revenue Code of 1986, if:

(A) the program or benefit options are made available to all employees of the employer; and

(B) the benefit options in the cafeteria plan are limited to one or more options that provide deferred compensation, group health and disability insurance, group term life insurance, dependent care assistance programs, or group legal services plans;

(4) performance pay awarded to an employee by a school district as part of a total compensation plan approved by the board of trustees of the district and meeting the requirements of Subsection (e);

(5) the benefit replacement pay a person earns under Subchapter H, Chapter 659, except as provided by Subsection (c);

(6) stipends paid to teachers in accordance with Section 21.410, 21.411, 21.412, [or] 21.413, or 21.4552, Education Code;

(7) amounts by which the member's salary is reduced or that are deducted from the member's salary as authorized by Subchapter J, Chapter 659;

(8) a merit salary increase made under Section 51.962, Education Code;

(9) amounts received under the relevant parts of the awards for student achievement program under Subchapter N, Chapter 21, Education Code, the educator excellence awards program under Subchapter O, Chapter 21, Education Code, or a mentoring program under Section 21.458, Education Code, that authorized compensation for service; and

(10) salary amounts designated as health care supplementation by an employee under Subchapter D, Chapter 22, Education Code.

SECTION 13. Not later than January 1, 2010, the commissioner of education shall complete development of and make available to public school teachers the discipline management training program required by Section 21.4552, Education Code, as added by this Act.

SECTION 14. This Act, other than Section 21.4552, Education Code, as added by this Act, applies beginning with the 2009-2010 school year.

SECTION 15. 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, 2009.