Texas 2009 - 81st Regular

Texas House Bill HB2476 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3055 CAS-F
2	2	By: Olivo H.B. No. 2476
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to discipline management in public schools.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 21.451, Education Code, is amended by
10	10	amending Subsection (d) and adding Subsection (c-1) to read as
11	11	follows:
12	12	(c-1) The staff development must include training in
13	13	discipline strategies and must address:
14	14	(1) classroom management;
15	15	(2) the school district's discipline policies; and
16	16	(3) the student code of conduct adopted under Section
17	17	37.001.
18	18	(d) The staff development may:
19	19	(1) include training in:
20	20	(A) technology; and
21	21	(B) conflict resolution; and
22	22	[(C) discipline strategies, including classroom
23	23	management, district discipline policies, and the student code of
24	24	conduct adopted under Section 37.001 and Chapter 37;]
25	25	(2) include training that:
26	26	(A) relates to instruction of students with
27	27	disabilities; and
28	28	(B) is designed for educators who work primarily
29	29	outside the area of special education; and
30	30	(3) include instruction as to what is permissible
31	31	under law, including opinions of the United States Supreme Court,
32	32	regarding prayer in public school.
33	33	SECTION 2. Section 21.453(b), Education Code, is amended to
34	34	read as follows:
35	35	(b) The commissioner may allocate funds from the account to
36	36	regional education service centers to provide staff development
37	37	resources to school districts that:
38	38	(1) are rated academically unacceptable;
39	39	(2) have one or more campuses rated as academically
40	40	unacceptable; or
41	41	(3) are otherwise in need of assistance as indicated
42	42	by the academic performance or disciplinary records of students, as
43	43	determined by the commissioner.
44	44	SECTION 3. Subchapter J, Chapter 21, Education Code, is
45	45	amended by adding Section 21.4552 to read as follows:
46	46	Sec. 21.4552. DISCIPLINE MANAGEMENT TRAINING PROGRAM. (a)
47	47	The commissioner shall develop a discipline management training
48	48	program for teachers and, to the extent authorized under this
49	49	section, make the training available to teachers at all grade
50	50	levels.
51	51	(b) The discipline management training program developed
52	52	under this section must include training for teachers in
53	53	age-appropriate:
54	54	(1) conflict resolution techniques;
55	55	(2) positive behavior management;
56	56	(3) classroom management; and
57	57	(4) intervention strategies for students exhibiting
58	58	behavioral difficulties.
59	59	(c) On request of the commissioner, regional education
60	60	service centers shall assist in developing the discipline
61	61	management training program or providing the training. The
62	62	commissioner also may solicit assistance from another public entity
63	63	or from a private entity.
64	64	(d) Each teacher assigned to a campus that is considered
65	65	academically unacceptable under Section 39.132 based on the
66	66	percentage of students placed in a disciplinary alternative
67	67	education program under Section 37.008 shall participate in
68	68	discipline management training under this section. The
69	69	commissioner shall adopt a rule establishing criteria for selecting
70	70	other teachers who may participate in the training.
71	71	(e) From funds appropriated for the purpose, a teacher who
72	72	participates in discipline management training under this section
73	73	is entitled to receive a stipend in a reasonable amount established
74	74	by commissioner rule. The stipend is not considered in determining
75	75	whether a district is paying the teacher the minimum monthly salary
76	76	under Section 21.402.
77	77	(f) From funds appropriated for purposes of this section,
78	78	the commissioner shall conduct or contract with a qualified public
79	79	or private entity to conduct a comprehensive evaluation of the
80	80	discipline management training program developed under this
81	81	section, including implementation of the program. The evaluation
82	82	must:
83	83	(1) use qualitative, quantitative, and expert review
84	84	methodologies, including:
85	85	(A) direct observations;
86	86	(B) interviews with and surveys of teachers who
87	87	have participated in the training;
88	88	(C) surveys of administrators supervising
89	89	teachers who have participated in the training; and
90	90	(D) analysis of student data submitted through
91	91	the Public Education Information Management System (PEIMS) to
92	92	compare the percentages of disciplinary removals under Section
93	93	37.002 by teachers who have participated in the training with the
94	94	percentages of such removals by teachers who have not participated
95	95	in the training; and
96	96	(2) include an analysis of financial data to assess
97	97	the cost-effectiveness of providing the training.
98	98	(g) Not later than December 1, 2014, the commissioner shall
99	99	prepare and deliver to each member of the legislature a report
100	100	describing the results of the evaluation required by Subsection
101	101	(f). Subsection (f) and this subsection expire September 1, 2015.
102	102	SECTION 4. Section 37.008(m), Education Code, is amended to
103	103	read as follows:
104	104	(m) The commissioner shall adopt rules necessary to
105	105	evaluate annually the performance of each district's disciplinary
106	106	alternative education program established under this subchapter.
107	107	The evaluation required by this section shall be based on
108	108	indicators defined by the commissioner, but must include student
109	109	performance on assessment instruments required under Sections
110	110	39.023(a) and (c) and student dropout rates. Academically, the
111	111	mission of disciplinary alternative education programs shall be to
112	112	enable students to perform at grade level and, notwithstanding
113	113	Subsection (l), to graduate from high school.
114	114	SECTION 5. Section 37.009, Education Code, is amended by
115	115	amending Subsection (b) and adding Subsection (k) to read as
116	116	follows:
117	117	(b) If a student's placement in a disciplinary alternative
118	118	education program is based on conduct other than conduct for which
119	119	placement in a disciplinary alternative education program is
120	120	required by Section 37.006, or if the student's placement in a
121	121	disciplinary alternative education program is to extend beyond 60
122	122	days or the end of the next grading period, whichever is earlier, a
123	123	student's parent or guardian is entitled to notice of and an
124	124	opportunity to participate in a proceeding before the board of
125	125	trustees of the school district or the board's designee, as
126	126	provided by policy of the board of trustees of the district. Any
127	127	decision of the board or the board's designee under this subsection
128	128	is final and may not be appealed.
129	129	(k) Each school district shall establish a disciplinary
130	130	conference oversight committee to ensure that a conference or
131	131	hearing held under this section is consistent with this chapter and
132	132	the student code of conduct adopted under Section 37.001.
133	133	SECTION 6. Section 39.051(b), Education Code, is amended to
134	134	read as follows:
135	135	(b) Performance on the indicators adopted under this
136	136	section shall be compared to state-established standards. The
137	137	degree of change from one school year to the next in performance on
138	138	each indicator adopted under this section shall also be
139	139	considered. The indicators must be based on information that is
140	140	disaggregated by race, ethnicity, gender, and socioeconomic status
141	141	and must include:
142	142	(1) the results of assessment instruments required
143	143	under Sections 39.023(a), (c), and (l), aggregated by grade level
144	144	and subject area;
145	145	(2) dropout rates, including dropout rates and
146	146	district completion rates for grade levels 9 through 12, computed
147	147	in accordance with standards and definitions adopted by the
148	148	National Center for Education Statistics of the United States
149	149	Department of Education;
150	150	(3) high school graduation rates, computed in
151	151	accordance with standards and definitions adopted in compliance
152	152	with the No Child Left Behind Act of 2001 (Pub. L. No. 107-110);
153	153	(4) student attendance rates;
154	154	(5) the percentage of graduating students who attain
155	155	scores on the questions developed for end-of-course assessment
156	156	instruments under Section 39.0233(a) that are equivalent to a
157	157	passing score on the assessment instrument required under Section
158	158	51.3062;
159	159	(6) the percentage of graduating students who meet the
160	160	course requirements established for the recommended high school
161	161	program by State Board of Education rule;
162	162	(7) the results of the Scholastic Assessment Test
163	163	(SAT), the American College Test (ACT), articulated postsecondary
164	164	degree programs described by Section 61.852, and certified
165	165	workforce training programs described by Chapter 311, Labor Code;
166	166	(8) the percentage of students, aggregated by grade
167	167	level, provided accelerated instruction under Section 28.0211(c),
168	168	the results of assessments administered under that section, the
169	169	percentage of students promoted through the grade placement
170	170	committee process under Section 28.0211, the subject of the
171	171	assessment instrument on which each student failed to perform
172	172	satisfactorily, and the performance of those students in the school
173	173	year following that promotion on the assessment instruments
174	174	required under Section 39.023;
175	175	(9) the percentage of students, aggregated by age,
176	176	grade level, ethnicity, and gender, placed in a disciplinary
177	177	alternative education program under Section 37.008, and the number
178	178	of those placements required to be reported under Section
179	179	37.020(b)(2) and the number required to be reported under Section
180	180	37.020(b)(4);
181	181	(10) for students who have failed to perform
182	182	satisfactorily on an assessment instrument required under Section
183	183	39.023(a) or (c), the numerical progress of those students grouped
184	184	by percentage on subsequent assessment instruments required under
185	185	those sections, aggregated by grade level and subject area;
186	186	(11) [(10)] the percentage of students exempted, by
187	187	exemption category, from the assessment program generally
188	188	applicable under this chapter;
189	189	(12) [(11)] the percentage of students of limited
190	190	English proficiency exempted from the administration of an
191	191	assessment instrument under Sections 39.027(a)(3) and (4);
192	192	(13) [(12)] the percentage of students in a special
193	193	education program under Subchapter A, Chapter 29, assessed through
194	194	assessment instruments developed or adopted under Section
195	195	39.023(b);
196	196	(14) [(13)] the measure of progress toward
197	197	preparation for postsecondary success; and
198	198	(15) [(14)] the measure of progress toward dual
199	199	language proficiency under Section 39.034(b), for students of
200	200	limited English proficiency, as defined by Section 29.052.
201	201	SECTION 7. Section 39.052(b), Education Code, is amended to
202	202	read as follows:
203	203	(b) The report card shall include the following
204	204	information:
205	205	(1) where applicable, the academic excellence
206	206	indicators adopted under Sections 39.051(b)(1) through (11)
207	207	[(10)];
208	208	(2) average class size by grade level and subject;
209	209	(3) the administrative and instructional costs per
210	210	student, computed in a manner consistent with Section 44.0071; and
211	211	(4) the district's instructional expenditures ratio
212	212	and instructional employees ratio computed under Section 44.0071,
213	213	and the statewide average of those ratios, as determined by the
214	214	commissioner.
215	215	SECTION 8. Sections 39.072(b) and (c), Education Code, are
216	216	amended to read as follows:
217	217	(b) The academic excellence indicators adopted under
218	218	Sections 39.051(b)(1) through (9) [(8)] and the district's current
219	219	special education compliance status with the agency shall be the
220	220	main considerations of the agency in the rating of the district
221	221	under this section. Additional criteria in the rules may include
222	222	consideration of:
223	223	(1) compliance with statutory requirements and
224	224	requirements imposed by rule of the State Board of Education under
225	225	specific statutory authority that relate to:
226	226	(A) reporting data through the Public Education
227	227	Information Management System (PEIMS);
228	228	(B) the high school graduation requirements
229	229	under Section 28.025; or
230	230	(C) an item listed in Sections
231	231	7.056(e)(3)(C)-(I) that applies to the district;
232	232	(2) the effectiveness of the district's programs for
233	233	special populations; and
234	234	(3) the effectiveness of the district's career and
235	235	technology programs.
236	236	(c) The agency shall evaluate against state standards and
237	237	shall, not later than August 1 of each year, report the performance
238	238	of each campus in a district and each open-enrollment charter
239	239	school on the basis of the campus's performance on the indicators
240	240	adopted under Sections 39.051(b)(1) through (9)
241	241	[(8)]. Consideration of the effectiveness of district programs
242	242	under Subsection (b)(2) or (3) must be based on data collected
243	243	through the Public Education Information Management System for
244	244	purposes of accountability under this chapter and include the
245	245	results of assessments required under Section 39.023.
246	246	SECTION 9. Sections 39.073(a) and (b), Education Code, are
247	247	amended to read as follows:
248	248	(a) The agency shall annually review the performance of each
249	249	district and campus on the indicators adopted under Sections
250	250	39.051(b)(1) through (9) [(8)] and determine if a change in the
251	251	accreditation status of the district is warranted. The
252	252	commissioner may determine how all indicators adopted under Section
253	253	39.051(b) may be used to determine accountability ratings and to
254	254	select districts and campuses for acknowledgment.
255	255	(b) Each annual review shall include an analysis of the
256	256	indicators under Sections 39.051(b)(1) through (9) [(8)] to
257	257	determine district and campus performance in relation to:
258	258	(1) standards established for each indicator;
259	259	(2) required improvement as defined under Section
260	260	39.051(c); and
261	261	(3) comparable improvement as defined by Section
262	262	39.051(c).
263	263	SECTION 10. Section 39.074(e), Education Code, is amended
264	264	to read as follows:
265	265	(e) If an annual review indicates low performance on one or
266	266	more of the indicators under Sections 39.051(b)(1) through (9)
267	267	[(8)] of one or more campuses in a district, the agency may conduct
268	268	an on-site evaluation of those campuses only.
269	269	SECTION 11. Section 39.114(b), Education Code, is amended
270	270	to read as follows:
271	271	(b) A school district may use funds allocated under Section
272	272	42.2516(b)(3) on any instructional program in grades six through 12
273	273	other than an athletic program if:
274	274	(1) the district is recognized as exceptional by the
275	275	commissioner under the academic accountability indicator adopted
276	276	under Section 39.051(b)(14) [(13)]; and
277	277	(2) the district's completion rates for grades nine
278	278	through 12 meet or exceed completion rate standards required by the
279	279	commissioner to achieve a rating of exemplary under Section 39.072.
280	280	SECTION 12. Section 822.201(b), Government Code, is amended
281	281	to read as follows:
282	282	(b) "Salary and wages" as used in Subsection (a) means:
283	283	(1) normal periodic payments of money for service the
284	284	right to which accrues on a regular basis in proportion to the
285	285	service performed;
286	286	(2) amounts by which the member's salary is reduced
287	287	under a salary reduction agreement authorized by Chapter 610;
288	288	(3) amounts that would otherwise qualify as salary and
289	289	wages under Subdivision (1) but are not received directly by the
290	290	member pursuant to a good faith, voluntary written salary reduction
291	291	agreement in order to finance payments to a deferred compensation
292	292	or tax sheltered annuity program specifically authorized by state
293	293	law or to finance benefit options under a cafeteria plan qualifying
294	294	under Section 125, [of the] Internal Revenue Code of 1986, if:
295	295	(A) the program or benefit options are made
296	296	available to all employees of the employer; and
297	297	(B) the benefit options in the cafeteria plan are
298	298	limited to one or more options that provide deferred compensation,
299	299	group health and disability insurance, group term life insurance,
300	300	dependent care assistance programs, or group legal services plans;
301	301	(4) performance pay awarded to an employee by a school
302	302	district as part of a total compensation plan approved by the board
303	303	of trustees of the district and meeting the requirements of
304	304	Subsection (e);
305	305	(5) the benefit replacement pay a person earns under
306	306	Subchapter H, Chapter 659, except as provided by Subsection (c);
307	307	(6) stipends paid to teachers in accordance with
308	308	Section 21.410, 21.411, 21.412, [or] 21.413, or 21.4552, Education
309	309	Code;
310	310	(7) amounts by which the member's salary is reduced or
311	311	that are deducted from the member's salary as authorized by
312	312	Subchapter J, Chapter 659;
313	313	(8) a merit salary increase made under Section 51.962,
314	314	Education Code;
315	315	(9) amounts received under the relevant parts of the
316	316	awards for student achievement program under Subchapter N, Chapter
317	317	21, Education Code, the educator excellence awards program under
318	318	Subchapter O, Chapter 21, Education Code, or a mentoring program
319	319	under Section 21.458, Education Code, that authorized compensation
320	320	for service; and
321	321	(10) salary amounts designated as health care
322	322	supplementation by an employee under Subchapter D, Chapter 22,
323	323	Education Code.
324	324	SECTION 13. Not later than January 1, 2010, the
325	325	commissioner of education shall complete development of and make
326	326	available to public school teachers the discipline management
327	327	training program required by Section 21.4552, Education Code, as
328	328	added by this Act.
329	329	SECTION 14. This Act, other than Section 21.4552, Education
330	330	Code, as added by this Act, applies beginning with the 2009-2010
331	331	school year.
332	332	SECTION 15. This Act takes effect immediately if it
333	333	receives a vote of two-thirds of all the members elected to each
334	334	house, as provided by Section 39, Article III, Texas Constitution.
335	335	If this Act does not receive the vote necessary for immediate
336	336	effect, this Act takes effect September 1, 2009.