86R6286 JES-F
 
  By: Patterson H.B. No. 3638
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to eliminating certain requirements imposed on school
  districts and other educational entities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  POWERS AND DUTIES OF STATE BOARD FOR EDUCATOR
  CERTIFICATION, SHARED SERVICES ARRANGEMENTS, AND HIGH SCHOOL
  COMPLETION AND SUCCESS INITIATIVE COUNCIL
         SECTION 1.01.  Section 21.040, Education Code, is amended to
  read as follows:
         Sec. 21.040.  GENERAL POWERS AND DUTIES OF BOARD. The board
  shall:
               (1)  [supervise the executive director's performance;
               [(2)     approve an operating budget for the board and
  make a request for appropriations;
               [(3)] appoint the members of any advisory committee to
  the board;
               (2) [(4)]  for each class of educator certificate,
  appoint an advisory committee composed of members of that class to
  recommend standards for that class to the board;
               (3) [(5)]  provide to its members and employees, as
  often as necessary, information regarding their qualifications for
  office or employment under this chapter and their responsibilities
  under applicable laws relating to standards of conduct for state
  officers or employees; and
               (4) [(6)]  develop and implement policies that clearly
  define the respective responsibilities of the board and the board's
  staff[; and
               [(7) execute interagency contracts to perform routine
  administrative functions].
         SECTION 1.02.  Section 29.006(a), Education Code, is amended
  to read as follows:
         (a)  The governor shall appoint a continuing advisory
  committee, composed of 17 members, under 20 U.S.C. Section
  1412(a)(21).  At least one member appointed under this subsection
  must be a director of special education programs for a school
  district [or for a shared services arrangement of multiple school
  districts as provided by Section 29.007].
         SECTION 1.03.  Sections 29.095(d) and (e), Education Code,
  are amended to read as follows:
         (d)  The commissioner shall establish application criteria
  for receipt of a grant under this section.  The criteria must
  require confirmation that the appropriate campus-level planning
  and decision-making committee established under Subchapter F,
  Chapter 11, and the school district board of trustees have approved
  a plan that includes:
               (1)  a description of the student club;
               (2)  a statement of the student club's goals, intent,
  and activities;
               (3)  a statement of the source of funds to be used to
  match the grant;
               (4)  a budget for the student club; and
               (5)  a statement showing that the student club's
  finances are sustainable[; and
               [(6)  any other information the council requires].
         (e)  The commissioner shall establish the minimum
  requirements for a local grant agreement, including requiring:
               (1)  the agreement to be signed by the sponsor of a
  student club receiving a grant and another authorized school
  district officer; and
               (2)  the district and the student club to participate
  in an evaluation[, as determined by the council,] of the club's
  program and the program's effect on student achievement and dropout
  rates.
         SECTION 1.04.  Section 29.096(e), Education Code, is amended
  to read as follows:
         (e)  The commissioner shall establish minimum standards for
  a local collaborative agreement, including a requirement that the
  agreement must be signed by an authorized school district or
  open-enrollment charter school officer and an authorized
  representative of each of the other participating entities that is
  a partner in the collaboration.  The program must:
               (1)  limit participation in the program to students
  authorized to participate by a parent or other person standing in
  parental relationship;
               (2)  have as a primary goal graduation from high
  school;
               (3)  provide for local businesses or other employers to
  offer paid employment or internship opportunities and advanced
  career and vocational training;
               (4)  include an outreach component and a lead
  educational staff member to identify and involve eligible students
  and public and private entities in participating in the program;
               (5)  serve a population of students of which at least 50
  percent are identified as students at risk of dropping out of
  school, as described by Section 29.081(d);
               (6)  allocate not more than 15 percent of grant funds
  and matching funds, as determined by the commissioner, to
  administrative expenses; and
               (7)  include matching funds from any of the
  participating entities[; and
               [(8)     include any other requirements as determined by
  the council].
         SECTION 1.05.  Section 29.097(b), Education Code, is amended
  to read as follows:
         (b)  From funds appropriated for that purpose in an amount
  not to exceed $3 million each year, the commissioner shall
  establish a pilot program for the commissioner to award grants to
  participating campuses to provide intensive technology-based
  supplementary instruction in English, mathematics, science, or
  social studies to students in grades nine through 12 identified as
  being at risk of dropping out of school, as described by Section
  29.081(d).  Instruction techniques and technology used by a campus
  under this section must be based on the best available research[, as
  determined by the council,] regarding college and workforce
  readiness.
         SECTION 1.06.  Section 39.235(a), Education Code, is amended
  to read as follows:
         (a)  From funds appropriated for that purpose, the
  commissioner may establish a grant program under which grants are
  awarded to middle, junior high, and high school campuses and school
  districts to support:
               (1)  the implementation of innovative improvement
  programs that are based on the best available research regarding
  middle, junior high, or high school reform, dropout prevention, and
  preparing students for postsecondary coursework or employment; and
               (2)  enhancing education practices that have been
  demonstrated by significant evidence of effectiveness[; and
               [(3)     the alignment of grants and programs to the
  strategic plan adopted under Section 39.407].
  ARTICLE 2.  SCHOOL OPERATIONS
         SECTION 2.01.  Section 28.004(k), Education Code, is amended
  to read as follows:
         (k)  A school district shall publish in the student handbook
  and post on the district's Internet website, if the district has an
  Internet website:
               (1)  a statement of the policies adopted to ensure that
  elementary school, middle school, and junior high school students
  engage in at least the amount and level of physical activity
  required by Section 28.002(l); and
               (2)  a statement of:
                     (A)  the number of times during the preceding year
  the district's school health advisory council has met;
                     (B)  whether the district has adopted and enforces
  policies to ensure that district campuses comply with agency
  vending machine and food service guidelines for restricting student
  access to vending machines; and
                     (C)  whether the district has adopted and enforces
  policies and procedures that prescribe penalties for the use of
  e-cigarettes, as defined by Section 38.006, and tobacco products by
  students and others on school campuses or at school-sponsored or
  school-related activities[; and
               [(3)     a statement providing notice to parents that they
  can request in writing their child's physical fitness assessment
  results at the end of the school year].
         SECTION 2.02.  Sections 33.202(a), (c), (d), and (e),
  Education Code, are amended to read as follows:
         (a)  The University Interscholastic League [commissioner by
  rule] shall develop and adopt an extracurricular activity safety
  training program as provided by this section.  In developing the
  program, the league [commissioner] may use materials available from
  the American Red Cross, Emergency Medical Systems (EMS), or another
  appropriate entity.
         (c)  The safety training program must include:
               (1)  certification of participants by the American Red
  Cross, the American Heart Association, or a similar organization or
  by the University Interscholastic League[, as determined by the
  commissioner];
               (2)  current training in:
                     (A)  emergency action planning;
                     (B)  cardiopulmonary resuscitation if the person
  is not required to obtain certification under Section 33.086;
                     (C)  communicating effectively with 9-1-1
  emergency service operators and other emergency personnel; and
                     (D)  recognizing symptoms of potentially
  catastrophic injuries, including head and neck injuries,
  concussions, injuries related to second impact syndrome, asthma
  attacks, heatstroke, cardiac arrest, and injuries requiring use of
  a defibrillator; and
               (3)  at least once each school year, a safety drill that
  incorporates the training described by Subdivision (2) and
  simulates various injuries described by Subdivision (2)(D).
         (d)  The University Interscholastic League [A school
  district] shall provide training to students participating in an
  extracurricular athletic activity related to:
               (1)  recognizing the symptoms of injuries described by
  Subsection (c)(2)(D); and
               (2)  the risks of using dietary supplements designed to
  enhance or marketed as enhancing athletic performance.
         (e)  The safety training program and the training under
  Subsection (d) must [may] each be conducted by the University
  Interscholastic League [a school or school district] or by another
  [an] organization described by Subsection (c)(1), as determined by
  the league.
         SECTION 2.03.  Section 361.425(b), Health and Safety Code,
  is amended to read as follows:
         (b)  The commission:
               (1)  by order shall exempt from compliance with this
  section:
                     (A)  [a school district or] a municipality with a
  population of less than 5,000 [from compliance with this section]
  if the commission finds that compliance would work a hardship on
  [the district or] the municipality;
                     (B)  a school district with a student enrollment
  of fewer than 10,000 students; and
                     (C)  an entity described by Subsection (a) if:
                           (i)  the entity petitions the commission for
  an exemption; and
                           (ii)  the commission finds that compliance
  would work a hardship on the entity; and
               (2) [. The commission] shall adopt rules for
  administering this subsection.
         SECTION 2.04.  Section 361.426(d), Health and Safety Code,
  is amended to read as follows:
         (d)  The commission:
               (1)  by order shall exempt from compliance with this
  section:
                     (A)  [a school district or] a municipality with a
  population of less than 5,000 [from compliance with this section]
  if the commission finds that compliance would work a hardship on
  [the district or] the municipality;
                     (B)  a school district with a student enrollment
  of fewer than 10,000 students; and
                     (C)  an entity described by Subsection (a) if:
                           (i)  the entity petitions the commission for
  an exemption; and
                           (ii)  the commission finds that compliance
  would work a hardship on the entity; and
               (2) [. The commission] shall adopt rules for
  administering this subsection.
  ARTICLE 3.  TEACHER QUALITY
         SECTION 3.01.  The heading to Section 21.410, Education
  Code, is amended to read as follows:
         Sec. 21.410.  MASTER [READING] TEACHER GRANT PROGRAM.
         SECTION 3.02.  Section 21.410, Education Code, is amended by
  amending Subsections (a), (b), (c), (d), (f), (g), and (j) and
  adding Subsection (c-1) to read as follows:
         (a)  The commissioner shall establish a master [reading]
  teacher grant program to encourage teachers to:
               (1)  become certified as master [reading] teachers in
  reading, mathematics, technology, or science; and
               (2)  work with other teachers and with students in
  order to improve student reading, mathematics, or science
  performance or to increase the use of technology in each classroom,
  as applicable.
         (b)  From funds appropriated for the purpose, the
  commissioner shall make grants to school districts as provided by
  this section to pay stipends to selected certified master [reading]
  teachers who teach at high-need campuses.
         (c)  The commissioner shall annually identify each high-need
  campus in a school district using criteria established by the
  commissioner by rule[, including performance on the reading
  assessment instrument administered under Section 39.023].  The
  commissioner shall also use the criteria to rank campuses in order
  of greatest need.
         (c-1)  In establishing criteria under Subsection (c) to
  identify high-need campuses for purposes of awarding master teacher
  grants in reading, mathematics, or science, the commissioner must
  include performance on the reading, mathematics, or science
  assessment instrument administered under Section 39.023, as
  applicable.
         (d)  A school district may apply to the commissioner for
  grants for each high-need campus identified by the commissioner to
  be used to pay stipends to certified master [reading] teachers in
  accordance with this section.  [Unless reduced under Subsection (g)
  or (i), each grant is in the amount of $5,000.]  The commissioner
  shall approve the application if the district:
               (1)  applies within the period and in the manner
  required by rule adopted by the commissioner; and
               (2)  agrees to use each grant only for the purpose of
  paying a year-end stipend to a master [reading] teacher in reading,
  mathematics, technology, or science:
                     (A)  who holds the appropriate [a] certificate
  issued under Section 21.0481, Section 21.0482, Section 21.0483, or
  Section 21.0484;
                     (B)  who teaches in a position prescribed by the
  district at a high-need campus identified by the commissioner;
                     (C)  whose primary duties include:
                           (i)  teaching reading, mathematics, or
  science or integrating technology use in teaching, as applicable;
  and
                           (ii)  serving as a reading, mathematics, or
  science teaching mentor or technology training mentor, as
  applicable, to other teachers for the amount of time and in the
  manner established by the district and by rule adopted by the
  commissioner; and
                     (D)  who satisfies any other requirements
  established by rule adopted by the commissioner.
         (f)  The commissioner shall adopt rules for the distribution
  of grants to school districts following the year of the initial
  grant.  A district that has been approved for a grant to pay a
  stipend to a certified master [reading] teacher is not required to
  reapply for a grant for two consecutive school years following the
  year of the initial [intitial] grant if the district:
               (1)  continues to pay a stipend as provided by
  Subsection (g); and
               (2)  notifies the commissioner in writing, within the
  period and in the manner prescribed by the commissioner, that the
  circumstances on which the grant was based have not changed.
         (g)  The commissioner shall reduce payments to a school
  district proportionately to the extent a teacher does not meet the
  requirements under Subsection (d)(2) for the entire school year.  A
  district that employs more certified master [reading] teachers than
  the number of grants available under this section shall select the
  certified master [reading] teachers to whom to pay stipends based
  on a policy adopted by the board of trustees of the district, except
  that a district shall pay a stipend for two additional consecutive
  school years to a teacher the district has selected for and paid a
  stipend for a school year, who remains eligible for a stipend under
  Subsection (d)(2), and for whom the district receives a grant under
  this section for those years.  A decision of the district under this
  subsection is final and may not be appealed.  The district may not
  apportion among teachers a stipend paid for with a grant the
  district receives under this section.  The district may use local
  money to pay additional stipends in amounts determined by the
  district.
         (j)  A decision of the commissioner concerning the amount of
  money to which a school district is entitled under this section is
  final and may not be appealed.  Each district shall, in the manner
  and at the time prescribed by the commissioner, provide to the
  commissioner proof acceptable to the commissioner of the master
  [reading] teacher certification of a teacher to whom the district
  is paying a stipend under this section.
  ARTICLE 4.  REPEALERS
         SECTION 4.01.  (a) The following provisions of the Education
  Code are repealed:
               (1)  Section 7.102(c)(9);
               (2)  Sections 21.411, 21.412, and 21.413;
               (3)  Section 29.007;
               (4)  Sections 29.095(a)(1), 29.096(a), and
  29.097(a)(1);
               (5)  Section 38.0081;
               (6)  Subchapter C, Chapter 38;
               (7)  Sections 39.401, 39.402, 39.403, 39.404, 39.405,
  39.406, 39.407, 39.409, 39.410, 39.411, 39.412, 39.413, 39.414,
  39.415, and 39.416;
               (8)  Section 44.903; and
               (9)  Section 45.208(e).
         (b)  Chapter 114, Health and Safety Code, is repealed.
  ARTICLE 5.  EFFECTIVE DATE
         SECTION 5.01.  This Act applies beginning with the 2019-2020
  school year.
         SECTION 5.02.  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, 2019.