85R4342 PAM-F
By: Bohac H.B. No. 870
A BILL TO BE ENTITLED
AN ACT
relating to the study of public education performance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 2, Education Code, is amended
by adding Chapter 9 to read as follows:
CHAPTER 9. CENTER FOR EDUCATION PERFORMANCE AND LEARNING
Sec. 9.001. DEFINITIONS. In this chapter:
(1) "Board" means the Center for Education Performance
and Learning Board.
(2) "Center" means the Center for Education
Performance and Learning.
Sec. 9.002. CENTER FOR EDUCATION PERFORMANCE AND LEARNING.
(a) The Center for Education Performance and Learning is created
as an independent policy center.
(b) The center shall represent business, finance, public
policy, education, and other interests considered appropriate by
the center.
(c) In performing the duties provided by this chapter, the
center shall:
(1) work directly with:
(A) the governor, lieutenant governor, speaker
of the house of representatives, and members of the legislature;
and
(B) members of the State Board of Education; and
(2) work with the agency and other state agencies,
regional education service centers, school districts, and
open-enrollment charter schools.
Sec. 9.003. CENTER DUTIES. (a) The center shall promote
the use of successful methods to increase performance at the school
district and campus levels.
(b) The center shall evaluate and rank the performance of
each school district, campus, and open-enrollment charter school
and provide a progress report and recommendations each year to:
(1) the governor, lieutenant governor, speaker of the
house of representatives, Legislative Budget Board, commissioner,
and State Board of Education; and
(2) districts, campuses, and open-enrollment charter
schools.
(c) The center may assist the legislature with policy
studies related to the center's duties. The center may participate
in collaborative studies with a foundation or organization inside
or outside this state related to the center's duties.
(d) The center shall seek information, data, and best
practices from state, regional, and national sources to use in
performing the center's duties provided by this chapter.
(e) The center may contract with independent experts,
academic scholars, and other appropriate professionals in
performing the center's duties provided by this chapter.
Sec. 9.004. CENTER LOCATION. The center shall be located at
an institution of higher education or a private or independent
institution of higher education, as those terms are defined under
Section 61.003, selected as provided by Section 9.006(b).
Sec. 9.005. BOARD. (a) The Center for Education
Performance and Learning Board is created as the primary
policy-making body of the center.
(b) The board is composed of seven members. Members of the
board shall be appointed as follows:
(1) one member appointed by the governor;
(2) one additional member appointed by the governor
from a list of nominees submitted by the speaker of the house of
representatives;
(3) one member appointed by the lieutenant governor;
(4) one member appointed by the commissioner;
(5) one member appointed by the chair of the Texas
Higher Education Coordinating Board;
(6) one member appointed by the chair of the State
Board of Education; and
(7) one member appointed by the chair of the Texas
Workforce Commission.
(c) In making an appointment under Subsection (b)(2), the
governor may reject one or more nominees on a list submitted by the
speaker of the house of representatives and request a new list of
different nominees.
(d) The board members appointed under this section must
include individuals in the private sector who have an interest in
improving performance in public education and significant
experience in organizational management, finance, or business. A
board member may not:
(1) be a member of the board of trustees or an employee
of a school district or a member of the governing body or an
employee of or a charter holder of a charter for an open-enrollment
charter school; or
(2) have a financial relationship with a vendor or
contractor who provides goods or services to any part of the public
education system of this state.
(e) Board members serve two-year terms.
(f) Board members shall annually elect one member as the
presiding officer.
(g) A board member may not receive a salary for services as a
board member but shall be reimbursed for expenses incurred in
attending board meetings.
Sec. 9.006. BOARD DUTIES. (a) The board shall study the
elements of an effective and efficient system of public free
schools and make recommendations to:
(1) improve the performance of the public education
system to meet the demands of the current century;
(2) improve the state's ability to compete
educationally and economically with other states and countries; and
(3) provide the public, including persons involved in
policymaking, with information on public education performance.
(b) The board shall select the location for the center
through a request for proposal process. The institution of higher
education or private or independent institution of higher
education, as those terms are defined under Section 61.003,
selected shall serve a term of four years or until its successor is
selected. For the initial center location contract and not later
than the 60th day before the date each current center location
contract expires, the board shall issue a notice stating the time
and place in which proposals will be received for selecting a
location for the center. The notice must include a uniform
proposal blank in the form prescribed by the board. The board may
add to the uniform proposal blank other terms that do not unfairly
restrict competition of institutions of higher education. The
board shall state the selection criteria in the request for
proposals and shall select the proposal that offers the best value
to the center based on the evaluation and ranking of each submitted
proposal in relation to the stated selection criteria.
(c) The board shall provide a report of the board's study
and recommendations under Subsection (a) to:
(1) the Legislative Budget Board at least once each
year; and
(2) the governor, lieutenant governor, speaker of the
house of representatives, legislature, commissioner, and State
Board of Education before the convening of each regular legislative
session.
Sec. 9.007. SUPPORT FOR PERFORMANCE OF DUTIES. (a) State
agencies, including the Texas Higher Education Coordinating Board
and the Texas Workforce Commission, and regional education service
centers, school districts, and open-enrollment charter schools
shall fully cooperate with and assist the center at the board's
request.
(b) Data and information necessary to perform the center's
duties under this chapter shall be provided at the board's request
in a timely manner and at minimal cost. The board and center shall
require confidentiality and other security measures for student
data and information consistent with the Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Section 1232g).
Sec. 9.008. FUNDING. The center may be funded by donations,
grants, and legislative appropriations.
SECTION 2. 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, 2017.