| 1 | 1 | | 81R7045 KKA-F |
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| 2 | 2 | | By: Aycock H.B. No. 2856 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to authority of the Texas Education Agency and the |
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| 8 | 8 | | commissioner of education to monitor compliance with requirements |
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| 9 | 9 | | applicable to state educational programs. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Section 7.028, Education Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 7.028. [LIMITATION ON] COMPLIANCE MONITORING. |
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| 14 | 14 | | SECTION 2. Section 7.028(a), Education Code, is amended to |
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| 15 | 15 | | read as follows: |
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| 16 | 16 | | (a) In addition to actions authorized [Except as provided] |
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| 17 | 17 | | by Section 29.001(5), 29.010(a), 39.0301(e), 39.074, or 39.075, the |
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| 18 | 18 | | agency may monitor compliance with requirements applicable to a |
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| 19 | 19 | | process or program provided by a school district, campus, program, |
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| 20 | 20 | | or school granted charters under Chapter 12, including the process |
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| 21 | 21 | | described by Subchapter F, Chapter 11, or a program described by |
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| 22 | 22 | | Subchapter B, C, D, E, F, H, or I, Chapter 29, Subchapter A, Chapter |
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| 23 | 23 | | 37, or Section 38.003, and the use of funds provided for such a |
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| 24 | 24 | | program under Subchapter C, Chapter 42, [only] as necessary to |
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| 25 | 25 | | ensure: |
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| 26 | 26 | | (1) compliance with federal law and regulations; |
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| 27 | 27 | | (2) financial accountability, including compliance |
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| 28 | 28 | | with grant requirements; and |
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| 29 | 29 | | (3) data integrity for purposes of: |
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| 30 | 30 | | (A) the Public Education Information Management |
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| 31 | 31 | | System (PEIMS); and |
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| 32 | 32 | | (B) accountability under Chapter 39. |
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| 33 | 33 | | SECTION 3. Section 39.075, Education Code, is amended by |
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| 34 | 34 | | adding Subsection (d) to read as follows: |
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| 35 | 35 | | (d) The commissioner shall establish and publicize a |
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| 36 | 36 | | process through which a complaint or allegation may be made to the |
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| 37 | 37 | | commissioner that potentially indicates the need for a special |
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| 38 | 38 | | accreditation investigation under this section. |
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| 39 | 39 | | SECTION 4. The commissioner of education shall establish |
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| 40 | 40 | | and publicize the process required by Section 39.075(d), Education |
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| 41 | 41 | | Code, as added by this Act, not later than January 31, 2010. |
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| 42 | 42 | | SECTION 5. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2009. |
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