81R3504 CAS-D
By: Coleman H.B. No. 3382
A BILL TO BE ENTITLED
AN ACT
relating to transferring the statutorily assigned functions and
activities of the State Board of Education to the Texas Education
Agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 7.102(a) and (d), Education Code, are
amended to read as follows:
(a) The board may perform, as provided by this code, only
those duties [relating to school districts or regional education
service centers] assigned to the board by the constitution of this
state [or by this subchapter or another provision of this code].
(d) The board may adopt rules [relating to school districts
or regional education service centers] only as required to carry
out the specific duties assigned to the board by the constitution
[or under Subsection (c)].
SECTION 2. Sections 7.108(a) and (c), Education Code, are
amended to read as follows:
(a) A person interested in selling bonds of any type [or a
person engaged in manufacturing, shipping, selling, or advertising
textbooks or otherwise connected with the textbook business]
commits an offense if the person makes or authorizes a political
contribution to or takes part in, directly or indirectly, the
campaign of any person seeking election to or serving on the board.
(c) In this section, "political[:
[(1) "Political] contribution" has the meaning
assigned by Section 251.001, Election Code.
[(2) "Textbook" has the meaning assigned by Section
31.002.]
SECTION 3. Section 7.109, Education Code, is transferred to
Subchapter B, Chapter 7, Education Code, renumbered as Section
7.034, Education Code, and amended to read as follows:
Sec. 7.034 [7.109]. DESIGNATION AS STATE BOARD FOR CAREER
AND TECHNOLOGY EDUCATION. (a) The agency [board] is also the
State Board for Career and Technology Education.
(b) The commissioner is the executive officer through whom
the State Board for Career and Technology Education shall carry out
its policies and enforce its rules.
(c) The State Board for Career and Technology Education may
contract with the Texas Higher Education Coordinating Board or any
other state agency to assume the leadership role and administrative
responsibility of the State Board for Career and Technology
Education for state level administration of technical-vocational
education programs in public community colleges, public technical
institutes, and other eligible public postsecondary institutions
in this state.
(d) The State Board for Career and Technology Education may
allocate funds appropriated to the board by the legislature or
federal funds received by the board under the Carl D. Perkins Career
and Technical [Vocational] Education Act of 2006 (20 U.S.C. Section
2301 et seq.) or other federal law to an institution or program
approved by the agency [State Board of Education], the Texas Higher
Education Coordinating Board, or another state agency specified by
law.
SECTION 4. Section 7.111, Education Code, is transferred to
Subchapter B, Chapter 7, Education Code, renumbered as Section
7.035, Education Code, and amended to read as follows:
Sec. 7.035 [7.111]. HIGH SCHOOL EQUIVALENCY EXAMINATIONS.
(a) The agency [board] shall provide for the administration of
high school equivalency examinations, including administration by
the adjutant general's department for students described by
Subdivision (2)(C). A person who does not have a high school
diploma may take the examination in accordance with rules adopted
by the commissioner [board] if the person is:
(1) over 17 years of age;
(2) 16 years of age or older and:
(A) is enrolled in a Job Corps training program
under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
et seq.)[, and its subsequent amendment];
(B) a public agency providing supervision of the
person or having custody of the person under a court order
recommends that the person take the examination; or
(C) is enrolled in the adjutant general's
department's Seaborne ChalleNGe Corps; or
(3) required to take the examination under a justice
or municipal court order issued under Article 45.054(a)(1)(C), Code
of Criminal Procedure.
(b) The commissioner [board] by rule shall establish and
require payment of a fee as a condition to the issuance of a high
school equivalency certificate and a copy of the scores of the
examinations. The fee must be reasonable and designed to cover the
administrative costs of issuing the certificate and a copy of the
scores. The agency [board] may not require a waiting period between
the date a person withdraws from school and the date the person
takes the examination unless the period relates to the time between
administrations of the examination.
SECTION 5. Section 7.112, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) This section expires January 31, 2012.
SECTION 6. Section 7.113, Education Code, is transferred to
Subchapter B, Chapter 7, Education Code, renumbered as Section
7.036, Education Code, and amended to read as follows:
Sec. 7.036 [7.113]. EMPLOYERS FOR EDUCATION EXCELLENCE
AWARD. (a) The agency [board] shall create the Employers for
Education Excellence Award to honor employers that implement a
policy to encourage and support employees who actively participate
in activities of schools.
(b) An employer that meets the criteria described by this
section may apply for consideration to receive the award.
(c) The agency [board] shall establish the following levels
of recognition for employers:
(1) bronze for an employer that implements a policy to
encourage and support employees who attend parent-teacher
conferences;
(2) silver for an employer that:
(A) meets the requirements of bronze; and
(B) implements a policy to encourage and support
employees who volunteer in school activities; and
(3) gold for an employer that:
(A) meets the requirements of silver; and
(B) implements a policy to encourage and support
employees who participate in student mentoring programs in schools.
(d) The commissioner [board] shall establish criteria to
certify businesses to receive the Employers for Education
Excellence Award at the appropriate level of recognition. The
commissioner shall review the applications submitted by employers
under Subsection (b) and select [make recommendations to the board
regarding] businesses that should be recognized and the level at
which a business should be recognized. [The board may approve or
modify the commissioner's recommendation.]
(e) The agency [board] shall honor the recipient of an
Employers for Education Excellence Award by presenting the
recipient with a suitable certificate that includes the business's
level of recognition and other appropriate information.
SECTION 7. Section 11.351, Education Code, is amended to
read as follows:
Sec. 11.351. AUTHORITY TO ESTABLISH SPECIAL-PURPOSE SCHOOL
DISTRICT. (a) On the recommendation of the commissioner and after
consulting with the school districts involved and obtaining the
approval of a majority of those districts in each affected county in
which a proposed school district is located, the agency [State
Board of Education] may establish a special-purpose school district
for the education of students in special situations whose
educational needs are not adequately met by regular school
districts. The agency [board] may impose duties or limitations on
the school district as necessary for the special purpose of the
district. The agency [board] shall exercise the powers as provided
by this section relating to the districts established under this
section.
(b) The agency [State Board of Education] shall grant to the
districts the right to share in the available school fund
apportionment and other privileges as are granted to independent
and common school districts.
SECTION 8. Section 12.012(a), Education Code, is amended to
read as follows:
(a) A home-rule school district is subject to federal and
state laws and rules governing school districts, except that a
home-rule school district is subject to:
(1) this code only to the extent that the
applicability to a home-rule school district of a provision of this
code is specifically provided;
(2) a rule adopted under this code by the [State Board
of Education or the] commissioner only if the code provision
authorizing the rule specifically applies to a home-rule school
district; and
(3) all requirements of federal law and applicable
court orders relating to eligibility for and the provision of
special education and bilingual programs.
SECTION 9. Section 12.112, Education Code, is amended to
read as follows:
Sec. 12.112. FORM. A charter for an open-enrollment
charter school shall be in the form of a written contract signed by
the commissioner [chair of the State Board of Education] and the
chief operating officer of the school.
SECTION 10. Section 21.042, Education Code, is amended to
read as follows:
Sec. 21.042. APPROVAL OF RULES. The State Board for
Educator Certification must submit a written copy of each rule it
proposes to adopt to the commissioner [State Board of Education for
review]. The commissioner [State Board of Education] may reject a
proposed rule [by a vote of at least two-thirds of the members of
the board present and voting]. If the commissioner [State Board of
Education] fails to reject a proposal before the 90th day after the
date on which the commissioner [it] receives the proposal, the
proposal takes effect as a rule of the State Board for Educator
Certification as provided by Chapter 2001, Government Code. The
commissioner [State Board of Education] may not modify a rule
proposed by the State Board for Educator Certification.
SECTION 11. Section 29.909(d), Education Code, is amended
to read as follows:
(d) A school district seeking to participate in the program
must submit a written application to the commissioner not later
than July 1 preceding the school year the district proposes to begin
participation in the program, or an earlier date set by the
commissioner. The application must include:
(1) a proposed budget for the program;
(2) a method to be used to verify student attendance;
(3) any requested waiver of a requirement,
restriction, or prohibition imposed by this code or by a rule of the
[State Board of Education or the] commissioner, and the period for
which any requested waiver is proposed to be in effect; and
(4) the information required under Subsection (f).
SECTION 12. Section 31.003, Education Code, is amended to
read as follows:
Sec. 31.003. RULES. The commissioner [State Board of
Education] may adopt rules, consistent with this chapter, for the
adoption, requisition, distribution, care, use, and disposal of
textbooks.
SECTION 13. Section 31.021(b), Education Code, is amended
to read as follows:
(b) The State Board of Education shall annually set aside
out of the available school fund of the state an amount sufficient
for the agency [board], school districts, and open-enrollment
charter schools to purchase and distribute the necessary textbooks
for the use of the students of this state for the following school
year. The board shall determine the amount of the available school
fund to set aside for the state textbook fund based on:
(1) a report by the commissioner issued on July 1 or,
if that date is a Saturday or Sunday, on the following Monday,
stating the amount of unobligated money in the fund;
(2) the commissioner's estimate, based on textbooks
selected under Section 31.101 and on attendance reports submitted
under Section 31.103 by school districts and open-enrollment
charter schools, of the amount of funds, in addition to funds
reported under Subdivision (1), that will be necessary for purchase
and distribution of textbooks for the following school year; and
(3) any amount the board determines should be set
aside for emergency purposes caused by unexpected increases in
attendance.
SECTION 14. Section 31.022, Education Code, is amended to
read as follows:
Sec. 31.022. TEXTBOOK REVIEW AND ADOPTION. (a) The agency
[State Board of Education] shall adopt a review and adoption cycle
for textbooks for elementary grade levels, including
prekindergarten, and secondary grade levels, for each subject in
the required curriculum under Section 28.002.
(b) The agency [board] shall organize the cycle for subjects
in the foundation curriculum so that not more than one-sixth of the
textbooks for subjects in the foundation curriculum are reviewed
each year. The commissioner [board] shall adopt rules to provide
for a full and complete investigation of textbooks for each subject
in the foundation curriculum at least every six years. The adoption
of textbooks for a subject in the foundation curriculum may be
extended beyond the six-year period only if the content of
textbooks for a subject is sufficiently current.
(c) The commissioner [board] shall adopt rules to provide
for a full and complete investigation of textbooks for each subject
in the enrichment curriculum on a cycle the agency [board]
considers appropriate.
(d) At least 24 months before the beginning of the school
year for which textbooks for a particular subject and grade level
will be purchased under the review and adoption cycle adopted by the
agency [board], the agency [board] shall publish notice of the
review and adoption cycle for those textbooks.
(e) The agency [board] shall designate a request for
production of textbooks in a subject area and grade level by the
school year in which the textbooks are intended to be made available
in classrooms and not by the school year in which the agency [board]
makes the request for production.
SECTION 15. Section 31.0221(a), Education Code, is amended
to read as follows:
(a) The commissioner [State Board of Education] shall adopt
rules for the midcycle review and adoption of a textbook for a
subject for which textbooks are not currently under review by the
agency [board] under Section 31.022. The rules must require:
(1) the publisher of the textbook to pay a fee to the
agency [board] to cover the cost of the midcycle review and adoption
of the textbook;
(2) the publisher of the textbook to enter into a
contract with the agency [board] concerning the textbook for a term
that ends at the same time as any contract entered into by the
agency [board] for another textbook for the same subject and grade
level; and
(3) a commitment from the publisher to provide the
textbook to school districts in the manner specified by the
publisher, which may include:
(A) providing the textbook to any district in a
regional education service center area identified by the publisher;
or
(B) providing a certain maximum number of
textbooks specified by the publisher.
SECTION 16. Section 31.0222, Education Code, is amended to
read as follows:
Sec. 31.0222. BUDGET-BALANCED CYCLE. In determining the
review and adoption cycle of textbooks under Section 31.022, the
agency [State Board of Education] shall:
(1) consult with the Legislative Budget Board and the
governor's office of budget, planning, and policy before approving
and publishing any notice or amendment of a cycle;
(2) review and consider:
(A) historic average funding levels for
textbooks purchased in previous bienniums;
(B) expected average costs of future textbook
purchases;
(C) anticipated student enrollment in future
years;
(D) scheduled revisions to curriculum; and
(E) the impact on the state budget of the
adoption of textbooks in all or some grade levels in a subject area;
and
(3) limit the cycle to subject areas for which
textbooks can be purchased with the funding anticipated to be
available in the state textbook fund for the school year in which
the textbooks are to be adopted.
SECTION 17. Section 31.023(a), Education Code, is amended
to read as follows:
(a) For each subject and grade level, the agency [State
Board of Education] shall adopt two lists of textbooks. The
conforming list includes each textbook submitted for the subject
and grade level that meets applicable physical specifications
adopted by the agency [State Board of Education] and contains
material covering each element of the essential knowledge and
skills of the subject and grade level in the student version of the
textbook, as well as in the teacher version of the textbook, as
determined by the agency [State Board of Education] under Section
28.002 and adopted under Section 31.024. The nonconforming list
includes each textbook submitted for the subject and grade level
that:
(1) meets applicable physical specifications adopted
by the agency [State Board of Education];
(2) contains material covering at least half, but not
all, of the elements of the essential knowledge and skills of the
subject and grade level in the student version of the textbook, as
well as in the teacher version of the textbook; and
(3) is adopted under Section 31.024.
SECTION 18. Section 31.024, Education Code, is amended to
read as follows:
Sec. 31.024. ADOPTION BY AGENCY [STATE BOARD OF EDUCATION].
(a) The agency [By majority vote, the State Board of Education]
shall:
(1) place each submitted textbook on a conforming or
nonconforming list; or
(2) reject a textbook submitted for placement on a
conforming or nonconforming list.
(b) Not later than December 1 of the year preceding the
school year for which the textbooks for a particular subject and
grade level will be purchased under the cycle adopted by the agency
[board] under Section 31.022, the agency [board] shall provide the
lists of adopted textbooks to each school district. Each
nonconforming list must include the reasons an adopted textbook is
not eligible for the conforming list.
SECTION 19. Section 31.025(a), Education Code, is amended
to read as follows:
(a) The agency [State Board of Education] shall set a limit
on the cost that may be paid from the state textbook fund for a
textbook placed on the conforming or nonconforming list for a
particular subject and grade level. The agency [board] may not
reject a textbook for placement on the conforming or nonconforming
list because the textbook's price exceeds the limit established
under this subsection.
SECTION 20. Sections 31.026(a) and (b), Education Code, are
amended to read as follows:
(a) The agency [State Board of Education] shall execute a
contract:
(1) for the purchase of each adopted textbook other
than an electronic textbook; and
(2) for the purchase or licensing of each adopted
electronic textbook.
(b) A contract must require the publisher to provide the
number of textbooks required by school districts in this state for
the term of the contract, which must coincide with the agency's
[board's] adoption cycle.
SECTION 21. Sections 31.028(a), (b), and (c), Education
Code, are amended to read as follows:
(a) The agency [State Board of Education] may purchase
special textbooks for the education of blind and visually impaired
students in public schools. In addition, for a teacher who is blind
or visually impaired, the agency [board] shall provide a teacher's
edition in Braille or large type, as requested by the teacher, for
each textbook the teacher uses in the instruction of students. The
teacher edition must be available at the same time the student
textbooks become available.
(b) The publisher of an adopted textbook shall provide the
agency with computerized textbook files for the production of
Braille textbooks or other versions of textbooks to be used by
students with disabilities, on request of the agency [State Board
of Education]. A publisher shall arrange computerized textbook
files in one of several optional formats specified by the agency
[State Board of Education].
(c) The agency [board] may also enter into agreements
providing for the acceptance, requisition, and distribution of
special textbooks and instructional aids pursuant to 20 U.S.C.
Section 101 et seq. for use by students enrolled in:
(1) public schools; or
(2) private nonprofit schools, if state funds, other
than for administrative costs, are not involved.
SECTION 22. Section 31.029, Education Code, is amended to
read as follows:
Sec. 31.029. BILINGUAL TEXTBOOKS. The agency [board] shall
purchase or otherwise acquire textbooks for use in bilingual
education classes.
SECTION 23. Section 31.030, Education Code, is amended to
read as follows:
Sec. 31.030. USED TEXTBOOKS. The commissioner [State Board
of Education] shall adopt rules to ensure that used textbooks sold
to school districts and open-enrollment charter schools are not
sample copies that contain factual errors. The rules may provide
for the imposition of an administrative penalty in accordance with
Section 31.151 against a seller of used textbooks who knowingly
violates this section.
SECTION 24. Sections 31.035(a), (b), and (f), Education
Code, are amended to read as follows:
(a) Notwithstanding any other provision of this subchapter,
the agency [State Board of Education] may adopt supplemental
textbooks that are not on the conforming or nonconforming list
under Section 31.023. The agency [State Board of Education] may
adopt a supplemental textbook under this section only if the
textbook:
(1) contains material covering one or more primary
focal points or primary topics of a subject in the required
curriculum under Section 28.002, as determined by the agency [State
Board of Education];
(2) is not designed to serve as the sole textbook for a
full course;
(3) meets applicable physical specifications adopted
by the agency [State Board of Education]; and
(4) is free from factual errors.
(b) The agency [State Board of Education] shall identify the
essential knowledge and skills identified under Section 28.002 that
are covered by a supplemental textbook adopted by the agency
[board] under this section.
(f) A school district or open-enrollment charter school
that requisitions supplemental textbooks under Subsection (d)(2)
shall certify to the agency that the supplemental textbooks, in
combination with any other textbooks or supplemental textbooks used
by the district or school, cover the essential knowledge and skills
identified under Section 28.002 by the agency [State Board of
Education] for the subject and grade level for which the district or
school is requisitioning the supplemental textbooks.
SECTION 25. Sections 31.101(a) and (d), Education Code, are
amended to read as follows:
(a) Each year, during a period established by the agency
[State Board of Education], the board of trustees of each school
district and the governing body of each open-enrollment charter
school shall:
(1) for a subject in the foundation curriculum, notify
the agency [State Board of Education] of the textbooks selected by
the board of trustees or governing body for the following school
year from among the textbooks on the appropriate conforming or
nonconforming list; or
(2) for a subject in the enrichment curriculum:
(A) notify the agency [State Board of Education]
of each textbook selected by the board of trustees or governing body
for the following school year from among the textbooks on the
appropriate conforming or nonconforming list; or
(B) notify the agency [State Board of Education]
that the board of trustees or governing body has selected a textbook
that is not on the conforming or nonconforming list.
(d) For a textbook that is not on the conforming or
nonconforming list, a school district or open-enrollment charter
school must use the textbook for the period of the review and
adoption cycle the agency [State Board of Education] has
established for the subject and grade level for which the textbook
is used.
SECTION 26. Section 31.103(b), Education Code, is amended
to read as follows:
(b) A requisition for textbooks for the following school
year shall be based on the maximum attendance reports under
Subsection (a), plus an additional 10 percent, except as otherwise
provided. A school district or open-enrollment charter school
shall make a requisition for a textbook on the conforming or
nonconforming list through the commissioner to the state depository
designated by the publisher or as provided by commissioner [State
Board of Education] rule, as applicable, not later than June 1 of
each year. The designated state depository or, if the publisher or
manufacturer does not have a designated textbook depository in this
state under Section 31.151(a)(6)(B), the publisher or manufacturer
shall fill a requisition approved by the agency at any other time in
the case of an emergency. As made necessary by available funds, the
commissioner shall reduce the additional percentage of attendance
for which a district or school may requisition textbooks. The
commissioner may, on application of a district or school that is
experiencing high enrollment growth, increase the additional
percentage of attendance for which the district or school may
requisition textbooks.
SECTION 27. Section 31.1031, Education Code, is amended to
read as follows:
Sec. 31.1031. SHORTAGE OF REQUISITIONED TEXTBOOKS. If a
school district or open-enrollment charter school does not have a
sufficient number of copies of a textbook used by the district or
school for use during the following school year, and a sufficient
number of additional copies will not be available from the
depository or the publisher within the time specified by Section
31.151(a)(8), the district or school is entitled to:
(1) be reimbursed from the state textbook fund, at a
rate and in the manner provided by commissioner [State Board of
Education] rule, for the purchase of a sufficient number of used
adopted textbooks; or
(2) return currently used textbooks to the
commissioner in exchange for sufficient copies, if available, of
other textbooks on the conforming or nonconforming list to be used
during the following school year.
SECTION 28. Sections 31.151(a), (b), and (c), Education
Code, are amended to read as follows:
(a) A publisher or manufacturer of textbooks:
(1) shall furnish any textbook the publisher or
manufacturer offers in this state, at a price that does not exceed
the lowest price at which the publisher offers that textbook for
adoption or sale to any state, public school, or school district in
the United States;
(2) shall automatically reduce the price of a textbook
sold for use in a school district or open-enrollment charter school
to the extent that the price is reduced elsewhere in the United
States;
(3) shall provide any textbook or ancillary item free
of charge in this state to the same extent that the publisher or
manufacturer provides the textbook or ancillary item free of charge
to any state, public school, or school district in the United
States;
(4) shall guarantee that each copy of a textbook sold
in this state is at least equal in quality to copies of that
textbook sold elsewhere in the United States and is free from
factual error;
(5) may not become associated or connected with,
directly or indirectly, any combination in restraint of trade in
textbooks or enter into any understanding or combination to control
prices or restrict competition in the sale of textbooks for use in
this state;
(6) shall:
(A) maintain a depository in this state or
arrange with a depository in this state to receive and fill orders
for textbooks, other than on-line textbooks or on-line textbook
components, consistent with commissioner [State Board of
Education] rules; or
(B) deliver textbooks to a school district or
open-enrollment charter school without a delivery charge to the
school district, open-enrollment charter school, or state, if:
(i) the publisher or manufacturer does not
maintain or arrange with a depository in this state under Paragraph
(A) and the publisher's or manufacturer's textbooks and related
products are warehoused or otherwise stored less than 300 miles
from a border of this state; or
(ii) the textbooks are on-line textbooks or
on-line textbook components;
(7) shall, at the time an order for textbooks is
acknowledged, provide to school districts or open-enrollment
charter schools an accurate shipping date for textbooks that are
back-ordered;
(8) shall guarantee delivery of textbooks at least 10
business days before the opening day of school of the year for which
the textbooks are ordered if the textbooks are ordered by a date
specified in the sales contract; and
(9) shall submit to the agency [State Board of
Education] an affidavit certifying any textbook the publisher or
manufacturer offers in this state to be free of factual errors at
the time the publisher executes the contract required by Section
31.026.
(b) The commissioner [State Board of Education] may impose a
reasonable administrative penalty against a publisher or
manufacturer who knowingly violates Subsection (a). The
commissioner [board] shall provide for a hearing to be held to
determine whether a penalty is to be imposed and, if so, the amount
of the penalty. The commissioner [board] shall base the amount of
the penalty on:
(1) the seriousness of the violation;
(2) any history of a previous violation;
(3) the amount necessary to deter a future violation;
(4) any effort to correct the violation; and
(5) any other matter justice requires.
(c) A hearing under Subsection (b) shall be held according
to rules adopted by the commissioner [State Board of Education].
SECTION 29. Section 31.201, Education Code, is amended to
read as follows:
Sec. 31.201. DISPOSITION OF TEXTBOOKS. (a) The
commissioner[, with the approval of the State Board of Education,]
may provide for the disposition of:
(1) textbooks, other than electronic textbooks, that
are no longer in acceptable condition to be used for instructional
purposes; or
(2) discontinued textbooks, other than electronic
textbooks.
(b) The commissioner, as provided by rules adopted by the
commissioner [State Board of Education], shall make available on
request copies of discontinued textbooks, other than electronic
textbooks, for use in libraries maintained in municipal and county
jails and facilities of the institutional division of the Texas
Department of Criminal Justice and other state agencies.
(c) The commissioner [State Board of Education] shall adopt
rules under which a school district or open-enrollment charter
school may donate discontinued textbooks, other than electronic
textbooks, to a student, to an adult education program, or to a
nonprofit organization.
SECTION 30. Sections 32.034(a), (c), (d), and (e),
Education Code, are amended to read as follows:
(a) The commissioner[, as provided by State Board of
Education policy,] may enter into an interagency contract with a
public institution of higher education or a consortium of public
institutions of higher education in this state to sponsor a center
for educational technology under this section.
(c) The membership of the center shall consist of public
school educators, regional education service centers, institutions
of higher education, nonprofit organizations, and private sector
representatives. The commissioner [State Board of Education] shall
establish membership policies for the center.
(d) The board of directors of the center is composed of the
commissioner or the commissioner's representative and other
persons [shall be] appointed by the commissioner, as follows [State
Board of Education and shall consist of]:
(1) representatives of the center, including members
of the public education system; and
(2) a representative of each sponsoring institution of
higher education[; and
[(3) the commissioner or the commissioner's
representative].
(e) The board of directors shall:
(1) employ a director for the center;
(2) establish priorities for the center's activities;
and
(3) report annually on the operation, projects, and
fiscal affairs of the center to the commissioner if the
commissioner does not serve on the board and to [State Board of
Education and] the membership of the center.
SECTION 31. Sections 33.084(a) and (e), Education Code, are
amended to read as follows:
(a) The interscholastic league advisory council is composed
of:
(1) the commissioner [two members of the State Board
of Education appointed by the chair of the board];
(2) a member of the house of representatives appointed
by the speaker of the house;
(3) a member of the senate appointed by the lieutenant
governor;
(4) two members of the legislative council of the
University Interscholastic League appointed by the chairman of the
council;
(5) two public school board members appointed by the
commissioner; and
(6) four [three] members of the public appointed by
the commissioner.
(e) The advisory council shall review the rules of the
University Interscholastic League and shall make recommendations
relating to the rules to the governor, the legislature, the
legislative council of the University Interscholastic League, and
the commissioner [State Board of Education].
SECTION 32. Section 37.216(a), Education Code, is amended
to read as follows:
(a) Not later than September 1 of each year, the board shall
provide a report to the governor, the legislature, [the State Board
of Education,] and the agency.
SECTION 33. Section 39.026, Education Code, is amended to
read as follows:
Sec. 39.026. LOCAL OPTION. In addition to the assessment
instruments adopted and administered by the agency [and
administered by the State Board of Education], a school district
may adopt and administer criterion-referenced or norm-referenced
assessment instruments, or both, at any grade level. A
norm-referenced assessment instrument adopted under this section
must be economical, nationally recognized, and state-approved.
SECTION 34. Section 39.054, Education Code, is amended to
read as follows:
Sec. 39.054. USES OF PERFORMANCE REPORT. The information
required to be reported under Section 39.053 shall be:
(1) the subject of public hearings or meetings
required under Sections 11.252, 11.253, and 39.053;
(2) a primary consideration in district and campus
planning; and
(3) a primary consideration of:
(A) [the State Board of Education in the
evaluation of the performance of the commissioner;
[(B)] the commissioner in the evaluation of the
performance of the directors of the regional education service
centers;
(B) [(C)] the board of trustees of a school
district in the evaluation of the performance of the superintendent
of the district; and
(C) [(D)] the superintendent in the evaluation
of the performance of the district's campus principals.
SECTION 35. Section 39.071(b), Education Code, is amended
to read as follows:
(b) Each year, the commissioner shall determine the
accreditation status of each school district. In determining
accreditation status, the commissioner:
(1) shall evaluate and consider the performance of the
district under:
(A) the academic accountability system under
Section 39.072; and
(B) the financial accountability rating system
under Subchapter I; and
(2) may consider:
(A) the district's compliance with statutory
requirements and requirements imposed by rule of the commissioner
[or State Board of Education] under specific statutory authority
that relate to:
(i) reporting data through the Public
Education Information Management System (PEIMS) or other reports
required by state or federal law or court order;
(ii) the high school graduation
requirements under Section 28.025; or
(iii) an item listed under Sections
7.056(e)(3)(C)-(I) that applies to the district;
(B) the effectiveness of the district's programs
for special populations; and
(C) the effectiveness of the district's career
and technology program.
SECTION 36. Sections 39.181(d) and (e), Education Code, are
amended to read as follows:
(d) Subsections (a) and (b) apply to any report required by
statute that the agency [or the State Board of Education] must
prepare and deliver to the governor, lieutenant governor, speaker
of the house of representatives, or legislature.
(e) Unless otherwise provided by law, any report required by
statute that the agency [or the State Board of Education] must
prepare and deliver to the governor, lieutenant governor, speaker
of the house of representatives, or legislature may be combined, at
the discretion of the commissioner, with a report required by this
subchapter.
SECTION 37. Section 39.182(a), Education Code, is amended
to read as follows:
(a) Not later than December 1 of each year, the agency shall
prepare and deliver to the governor, the lieutenant governor, the
speaker of the house of representatives, each member of the
legislature, the Legislative Budget Board, and the clerks of the
standing committees of the senate and house of representatives with
primary jurisdiction over the public school system a comprehensive
report covering the preceding school year and containing:
(1) an evaluation of the achievements of the state
educational program in relation to the statutory goals for the
public education system under Section 4.002;
(2) an evaluation of the status of education in the
state as reflected by the academic excellence indicators adopted
under Section 39.051;
(3) a summary compilation of overall student
performance on academic skills assessment instruments required by
Section 39.023 with the number and percentage of students exempted
from the administration of those instruments and the basis of the
exemptions, aggregated by grade level, subject area, campus, and
district, with appropriate interpretations and analysis, and
disaggregated by race, ethnicity, gender, and socioeconomic
status;
(4) a summary compilation of overall performance of
students placed in a disciplinary alternative education program
established under Section 37.008 on academic skills assessment
instruments required by Section 39.023 with the number of those
students exempted from the administration of those instruments and
the basis of the exemptions, aggregated by district, grade level,
and subject area, with appropriate interpretations and analysis,
and disaggregated by race, ethnicity, gender, and socioeconomic
status;
(5) a summary compilation of overall performance of
students at risk of dropping out of school, as defined by Section
29.081(d), on academic skills assessment instruments required by
Section 39.023 with the number of those students exempted from the
administration of those instruments and the basis of the
exemptions, aggregated by district, grade level, and subject area,
with appropriate interpretations and analysis, and disaggregated
by race, ethnicity, gender, and socioeconomic status;
(6) an evaluation of the correlation between student
grades and student performance on academic skills assessment
instruments required by Section 39.023;
(7) a statement of the dropout rate of students in
grade levels 7 through 12, expressed in the aggregate and by grade
level, and a statement of the completion rates of students for grade
levels 9 through 12;
(8) a statement of:
(A) the completion rate of students who enter
grade level 9 and graduate not more than four years later;
(B) the completion rate of students who enter
grade level 9 and graduate, including students who require more
than four years to graduate;
(C) the completion rate of students who enter
grade level 9 and not more than four years later receive a high
school equivalency certificate;
(D) the completion rate of students who enter
grade level 9 and receive a high school equivalency certificate,
including students who require more than four years to receive a
certificate; and
(E) the number and percentage of all students who
have not been accounted for under Paragraph (A), (B), (C), or (D);
(9) a statement of the projected cross-sectional and
longitudinal dropout rates for grade levels 9 through 12 for the
next five years, assuming no state action is taken to reduce the
dropout rate;
(10) a description of a systematic, measurable plan
for reducing the projected cross-sectional and longitudinal
dropout rates to five percent or less for the 1997-1998 school year;
(11) a summary of the information required by Section
29.083 regarding grade level retention of students and information
concerning:
(A) the number and percentage of students
retained; and
(B) the performance of retained students on
assessment instruments required under Section 39.023(a);
(12) information, aggregated by district type and
disaggregated by race, ethnicity, gender, and socioeconomic
status, on:
(A) the number of students placed in a
disciplinary alternative education program established under
Section 37.008;
(B) the average length of a student's placement
in a disciplinary alternative education program established under
Section 37.008;
(C) the academic performance of students on
assessment instruments required under Section 39.023(a) during the
year preceding and during the year following placement in a
disciplinary alternative education program; and
(D) the dropout rates of students who have been
placed in a disciplinary alternative education program established
under Section 37.008;
(13) a list of each school district or campus that does
not satisfy performance standards, with an explanation of the
actions taken by the commissioner to improve student performance in
the district or campus and an evaluation of the results of those
actions;
(14) an evaluation of the status of the curriculum
taught in public schools, with recommendations for legislative
changes necessary to improve or modify the curriculum required by
Section 28.002;
(15) a description of all funds received by and each
activity and expenditure of the agency;
(16) a summary and analysis of the instructional
expenditures ratios and instructional employees ratios of school
districts computed under Section 44.0071;
(17) a summary of the effect of deregulation,
including exemptions and waivers granted under Section 7.056 or
39.112;
(18) a statement of the total number and length of
reports that school districts and school district employees must
submit to the agency, identifying which reports are required by
federal statute or rule, state statute, or agency rule, and a
summary of the agency's efforts to reduce overall reporting
requirements;
(19) a list of each school district that is not in
compliance with state special education requirements, including:
(A) the period for which the district has not
been in compliance;
(B) the manner in which the agency considered the
district's failure to comply in determining the district's
accreditation status; and
(C) an explanation of the actions taken by the
commissioner to ensure compliance and an evaluation of the results
of those actions;
(20) a comparison of the performance of
open-enrollment charter schools and school districts on the
academic excellence indicators specified in Section 39.051(b) and
accountability measures adopted under Section 39.051(g), with a
separately aggregated comparison of the performance of
open-enrollment charter schools predominantly serving students at
risk of dropping out of school, as defined by Section 29.081(d),
with the performance of school districts;
(21) a summary of the information required by Section
38.0141 regarding student health and physical activity from each
school district;
(22) a summary compilation of overall student
performance under the assessment system developed to evaluate the
longitudinal academic progress as required by Section 39.027(e),
disaggregated by bilingual education or special language program
instructional model, if any; and
(23) any additional information considered important
by the commissioner [or the State Board of Education].
SECTION 38. Section 42.004, Education Code, is amended to
read as follows:
Sec. 42.004. ADMINISTRATION OF THE PROGRAM. The
commissioner, in accordance with the rules of the commissioner
[State Board of Education], shall take such action and require such
reports consistent with this chapter as may be necessary to
implement and administer the Foundation School Program.
SECTION 39. Section 105.302(b), Education Code, is amended
to read as follows:
(b) Each of the following shall appoint one member to serve
on the advisory board:
(1) the commissioner of education [chairman of the
State Board of Education];
(2) the commissioner of higher education;
(3) the president of the Texas Association of School
Administrators;
(4) the president of the Texas Association for the
Gifted and Talented;
(5) the governor;
(6) the lieutenant governor; and
(7) the speaker of the Texas House of Representatives.
SECTION 40. Article 45.054(a), Code of Criminal Procedure,
is amended to read as follows:
(a) On a finding by a county, justice, or municipal court
that an individual has committed an offense under Section 25.094,
Education Code, the court has jurisdiction to enter an order that
includes one or more of the following provisions requiring that:
(1) the individual:
(A) attend school without unexcused absences;
(B) attend a preparatory class for the high
school equivalency examination administered under Section 7.035
[7.111], Education Code, if the court determines that the
individual is too old to do well in a formal classroom environment;
or
(C) if the individual is at least 16 years of age,
take the high school equivalency examination administered under
Section 7.035 [7.111], Education Code;
(2) the individual attend a special program that the
court determines to be in the best interest of the individual,
including:
(A) an alcohol and drug abuse program;
(B) a rehabilitation program;
(C) a counseling program, including
self-improvement counseling;
(D) a program that provides training in
self-esteem and leadership;
(E) a work and job skills training program;
(F) a program that provides training in
parenting, including parental responsibility;
(G) a program that provides training in manners;
(H) a program that provides training in violence
avoidance;
(I) a program that provides sensitivity
training; and
(J) a program that provides training in advocacy
and mentoring;
(3) the individual and the individual's parent attend
a class for students at risk of dropping out of school designed for
both the individual and the individual's parent;
(4) the individual complete reasonable community
service requirements; or
(5) for the total number of hours ordered by the court,
the individual participate in a tutorial program covering the
academic subjects in which the student is enrolled provided by the
school the individual attends.
SECTION 41. Section 29.087(d), Education Code, is amended
to read as follows:
(d) A student is eligible to participate in a program
authorized by this section if:
(1) the student has been ordered by a court under
Article 45.054, Code of Criminal Procedure, [as added by Chapter
1514, Acts of the 77th Legislature, Regular Session, 2001,] or by
the Texas Youth Commission to:
(A) participate in a preparatory class for the
high school equivalency examination; or
(B) take the high school equivalency examination
administered under Section 7.035 [7.111]; or
(2) the following conditions are satisfied:
(A) the student is at least 16 years of age at the
beginning of the school year or semester;
(B) the student is a student at risk of dropping
out of school, as defined by Section 29.081;
(C) the student and the student's parent or
guardian agree in writing to the student's participation;
(D) at least two school years have elapsed since
the student first enrolled in ninth grade and the student has
accumulated less than one third of the credits required to graduate
under the minimum graduation requirements of the district or
school; and
(E) any other conditions specified by the
commissioner.
SECTION 42. Effective May 1, 2010, Sections 7.102(b), (c),
(e), and (f), Education Code, are repealed.
SECTION 43. (a) Effective May 1, 2010:
(1) all functions and activities performed by the
State Board of Education immediately before that date, other than
functions and activities assigned to the board by the constitution
of this state, are transferred to the Texas Education Agency;
(2) a rule, form, policy, procedure, or decision of
the State Board of Education, other than a rule, form, policy,
procedure, or decision relating to a function or activity assigned
to the board by the constitution of this state, continues in effect
as a rule, form, policy, procedure, or decision of the Texas
Education Agency and remains in effect until amended or replaced by
the commissioner of education;
(3) a rule of the State Board for Educator
Certification approved by the State Board of Education remains in
effect until amended or replaced as provided by law;
(4) a reference in law or an administrative rule to the
State Board of Education or to the State Board for Career and
Technology Education means the Texas Education Agency, other than a
reference:
(A) to the State Board of Education relating to a
function or activity assigned to the board by the constitution of
this state; or
(B) under Section 86.22 or 133.006(b), Education
Code, or another law similarly referring to a past action taken by
the State Board of Education;
(5) all money, contracts, leases, rights, property,
records, and bonds and other obligations of the State Board of
Education are transferred to the Texas Education Agency, except
that:
(A) money or a contract, lease, right, property,
record, or bond or other obligation relating to a function or
activity assigned to the board by the constitution of this state is
not transferred; and
(B) a contract under Section 12.112, Education
Code, is transferred to the commissioner of education;
(6) a court case, administrative proceeding, contract
negotiation, or other proceeding involving the State Board of
Education, other than a proceeding relating to a function or
activity assigned to the board by the constitution of this state, is
transferred without change in status to the Texas Education Agency,
and the Texas Education Agency assumes, without a change in status,
the position of the State Board of Education in a negotiation or
proceeding relating to an activity transferred by this Act to the
Texas Education Agency to which the State Board of Education is a
party;
(7) an employee of the State Board of Education, other
than an employee whose duties relate solely or primarily to a
function or activity assigned to the board by the constitution of
this state, becomes an employee of the Texas Education Agency; and
(8) any unexpended and unobligated balance of money
appropriated by the legislature for the State Board of Education,
other than money appropriated to enable the board to carry out a
function or activity assigned by the constitution of this state, is
transferred to the Texas Education Agency.
(b) In the period beginning on January 1, 2010, and ending
on April 30, 2010:
(1) the State Board of Education shall continue to
perform functions and activities under the Education Code or other
law as if the law had not been amended or repealed, as applicable,
and the former law is continued in effect for that purpose; and
(2) a person who is authorized or required by law to
take an action relating to the State Board of Education or a member
of the State Board of Education shall continue to take that action
under the law as if the law had not been amended or repealed, as
applicable, and the former law is continued in effect for that
purpose.
SECTION 44. Before May 1, 2010, the State Board of Education
may agree with the Texas Education Agency to transfer any property
of the State Board of Education to the Texas Education Agency to
implement the transfer required by Section 43 of this Act.
SECTION 45. Section 12.112, Education Code, as amended by
this Act, applies only to the required signatories of a charter for
an open-enrollment charter school in the case of a charter entered
into on or after May 1, 2010. The required signatories of a charter
for an open-enrollment charter school in the case of a charter
entered into before May 1, 2010, are governed by the law in effect
on the date the charter is entered into, and the former law is
continued in effect for that purpose.
SECTION 46. This Act does not affect the reference to the
state board of education under Section 143.112(1)(A), Local
Government Code, or a similar reference to the extent that the
reference is to the state board of education of another state.
SECTION 47. This Act takes effect January 1, 2010.