Texas 2019 - 86th Regular

Texas House Bill HB3638 Compare Versions

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1		-	86R25168 JES-F
2		-	By: Patterson, González of El Paso, Ashby, H.B. No. 3638
3		-	VanDeaver, et al.
4		-	Substitute the following for H.B. No. 3638:
5		-	By: King of Hemphill C.S.H.B. No. 3638
	1	+	86R6286 JES-F
	2	+	By: Patterson H.B. No. 3638
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10	7		relating to eliminating certain requirements imposed on school
11	8		districts and other educational entities.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		ARTICLE 1. POWERS AND DUTIES OF STATE BOARD FOR EDUCATOR
14	11		CERTIFICATION, SHARED SERVICES ARRANGEMENTS, AND HIGH SCHOOL
15	12		COMPLETION AND SUCCESS INITIATIVE COUNCIL
16	13		SECTION 1.01. Section 21.040, Education Code, is amended to
17	14		read as follows:
18	15		Sec. 21.040. GENERAL POWERS AND DUTIES OF BOARD. The board
19	16		shall:
20	17		(1) [supervise the executive director's performance;
21	18		[(2) approve an operating budget for the board and
22	19		make a request for appropriations;
23	20		[(3)] appoint the members of any advisory committee to
24	21		the board;
25	22		(2) [(4)] for each class of educator certificate,
26	23		appoint an advisory committee composed of members of that class to
27	24		recommend standards for that class to the board;
28	25		(3) [(5)] provide to its members and employees, as
29	26		often as necessary, information regarding their qualifications for
30	27		office or employment under this chapter and their responsibilities
31	28		under applicable laws relating to standards of conduct for state
32	29		officers or employees; and
33	30		(4) [(6)] develop and implement policies that clearly
34	31		define the respective responsibilities of the board and the board's
35	32		staff[; and
36	33		[(7) execute interagency contracts to perform routine
37	34		administrative functions].
38	35		SECTION 1.02. Section 29.006(a), Education Code, is amended
39	36		to read as follows:
40	37		(a) The governor shall appoint a continuing advisory
41	38		committee, composed of 17 members, under 20 U.S.C. Section
42	39		1412(a)(21). At least one member appointed under this subsection
43	40		must be a director of special education programs for a school
44	41		district [or for a shared services arrangement of multiple school
45	42		districts as provided by Section 29.007].
46	43		SECTION 1.03. Sections 29.095(d) and (e), Education Code,
47	44		are amended to read as follows:
48	45		(d) The commissioner shall establish application criteria
49	46		for receipt of a grant under this section. The criteria must
50	47		require confirmation that the appropriate campus-level planning
51	48		and decision-making committee established under Subchapter F,
52	49		Chapter 11, and the school district board of trustees have approved
53	50		a plan that includes:
54	51		(1) a description of the student club;
55	52		(2) a statement of the student club's goals, intent,
56	53		and activities;
57	54		(3) a statement of the source of funds to be used to
58	55		match the grant;
59	56		(4) a budget for the student club; and
60	57		(5) a statement showing that the student club's
61	58		finances are sustainable[; and
62	59		[(6) any other information the council requires].
63	60		(e) The commissioner shall establish the minimum
64	61		requirements for a local grant agreement, including requiring:
65	62		(1) the agreement to be signed by the sponsor of a
66	63		student club receiving a grant and another authorized school
67	64		district officer; and
68	65		(2) the district and the student club to participate
69	66		in an evaluation[, as determined by the council,] of the club's
70	67		program and the program's effect on student achievement and dropout
71	68		rates.
72	69		SECTION 1.04. Section 29.096(e), Education Code, is amended
73	70		to read as follows:
74	71		(e) The commissioner shall establish minimum standards for
75	72		a local collaborative agreement, including a requirement that the
76	73		agreement must be signed by an authorized school district or
77	74		open-enrollment charter school officer and an authorized
78	75		representative of each of the other participating entities that is
79	76		a partner in the collaboration. The program must:
80	77		(1) limit participation in the program to students
81	78		authorized to participate by a parent or other person standing in
82	79		parental relationship;
83	80		(2) have as a primary goal graduation from high
84	81		school;
85	82		(3) provide for local businesses or other employers to
86	83		offer paid employment or internship opportunities and advanced
87	84		career and vocational training;
88	85		(4) include an outreach component and a lead
89	86		educational staff member to identify and involve eligible students
90	87		and public and private entities in participating in the program;
91	88		(5) serve a population of students of which at least 50
92	89		percent are identified as students at risk of dropping out of
93	90		school, as described by Section 29.081(d);
94	91		(6) allocate not more than 15 percent of grant funds
95	92		and matching funds, as determined by the commissioner, to
96	93		administrative expenses; and
97	94		(7) include matching funds from any of the
98	95		participating entities[; and
99	96		[(8) include any other requirements as determined by
100	97		the council].
101	98		SECTION 1.05. Section 29.097(b), Education Code, is amended
102	99		to read as follows:
103	100		(b) From funds appropriated for that purpose in an amount
104	101		not to exceed $3 million each year, the commissioner shall
105	102		establish a pilot program for the commissioner to award grants to
106	103		participating campuses to provide intensive technology-based
107	104		supplementary instruction in English, mathematics, science, or
108	105		social studies to students in grades nine through 12 identified as
109	106		being at risk of dropping out of school, as described by Section
110	107		29.081(d). Instruction techniques and technology used by a campus
111	108		under this section must be based on the best available research[, as
112	109		determined by the council,] regarding college and workforce
113	110		readiness.
114	111		SECTION 1.06. Section 39.235(a), Education Code, is amended
115	112		to read as follows:
116	113		(a) From funds appropriated for that purpose, the
117	114		commissioner may establish a grant program under which grants are
118	115		awarded to middle, junior high, and high school campuses and school
119	116		districts to support:
120	117		(1) the implementation of innovative improvement
121	118		programs that are based on the best available research regarding
122	119		middle, junior high, or high school reform, dropout prevention, and
123	120		preparing students for postsecondary coursework or employment; and
124	121		(2) enhancing education practices that have been
125	122		demonstrated by significant evidence of effectiveness[; and
126	123		[(3) the alignment of grants and programs to the
127	124		strategic plan adopted under Section 39.407].
128	125		ARTICLE 2. SCHOOL OPERATIONS
129		-	SECTION 2.01. Sections 33.202(a), (c), (d), and (e),
	126	+	SECTION 2.01. Section 28.004(k), Education Code, is amended
	127	+	to read as follows:
	128	+	(k) A school district shall publish in the student handbook
	129	+	and post on the district's Internet website, if the district has an
	130	+	Internet website:
	131	+	(1) a statement of the policies adopted to ensure that
	132	+	elementary school, middle school, and junior high school students
	133	+	engage in at least the amount and level of physical activity
	134	+	required by Section 28.002(l); and
	135	+	(2) a statement of:
	136	+	(A) the number of times during the preceding year
	137	+	the district's school health advisory council has met;
	138	+	(B) whether the district has adopted and enforces
	139	+	policies to ensure that district campuses comply with agency
	140	+	vending machine and food service guidelines for restricting student
	141	+	access to vending machines; and
	142	+	(C) whether the district has adopted and enforces
	143	+	policies and procedures that prescribe penalties for the use of
	144	+	e-cigarettes, as defined by Section 38.006, and tobacco products by
	145	+	students and others on school campuses or at school-sponsored or
	146	+	school-related activities[; and
	147	+	[(3) a statement providing notice to parents that they
	148	+	can request in writing their child's physical fitness assessment
	149	+	results at the end of the school year].
	150	+	SECTION 2.02. Sections 33.202(a), (c), (d), and (e),
130	151		Education Code, are amended to read as follows:
131	152		(a) The University Interscholastic League [commissioner by
132	153		rule] shall develop and adopt an extracurricular activity safety
133	154		training program as provided by this section. In developing the
134	155		program, the league [commissioner] may use materials available from
135	156		the American Red Cross, Emergency Medical Systems (EMS), or another
136	157		appropriate entity.
137	158		(c) The safety training program must include:
138	159		(1) certification of participants by the American Red
139	160		Cross, the American Heart Association, or a similar organization or
140	161		by the University Interscholastic League[, as determined by the
141	162		commissioner];
142	163		(2) current training in:
143	164		(A) emergency action planning;
144	165		(B) cardiopulmonary resuscitation if the person
145	166		is not required to obtain certification under Section 33.086;
146	167		(C) communicating effectively with 9-1-1
147	168		emergency service operators and other emergency personnel; and
148	169		(D) recognizing symptoms of potentially
149	170		catastrophic injuries, including head and neck injuries,
150	171		concussions, injuries related to second impact syndrome, asthma
151	172		attacks, heatstroke, cardiac arrest, and injuries requiring use of
152	173		a defibrillator; and
153	174		(3) at least once each school year, a safety drill that
154	175		incorporates the training described by Subdivision (2) and
155	176		simulates various injuries described by Subdivision (2)(D).
156	177		(d) The University Interscholastic League [A school
157	178		district] shall provide training to students participating in an
158	179		extracurricular athletic activity related to:
159	180		(1) recognizing the symptoms of injuries described by
160	181		Subsection (c)(2)(D); and
161	182		(2) the risks of using dietary supplements designed to
162	183		enhance or marketed as enhancing athletic performance.
163	184		(e) The safety training program and the training under
164	185		Subsection (d) must [may] each be conducted by the University
165	186		Interscholastic League [a school or school district] or by another
166	187		[an] organization described by Subsection (c)(1), as determined by
167	188		the league.
168		-	SECTION 2.02. Section 361.425(b), Health and Safety Code,
	189	+	SECTION 2.03. Section 361.425(b), Health and Safety Code,
169	190		is amended to read as follows:
170	191		(b) The commission:
171	192		(1) by order shall exempt from compliance with this
172	193		section:
173	194		(A) [a school district or] a municipality with a
174	195		population of less than 5,000 [from compliance with this section]
175	196		if the commission finds that compliance would work a hardship on
176	197		[the district or] the municipality;
177	198		(B) a school district with a student enrollment
178	199		of fewer than 10,000 students; and
179	200		(C) an entity described by Subsection (a) if:
180	201		(i) the entity petitions the commission for
181	202		an exemption; and
182	203		(ii) the commission finds that compliance
183	204		would work a hardship on the entity; and
184	205		(2) [. The commission] shall adopt rules for
185	206		administering this subsection.
186		-	SECTION 2.03. Section 361.426(d), Health and Safety Code,
	207	+	SECTION 2.04. Section 361.426(d), Health and Safety Code,
187	208		is amended to read as follows:
188	209		(d) The commission:
189	210		(1) by order shall exempt from compliance with this
190	211		section:
191	212		(A) [a school district or] a municipality with a
192	213		population of less than 5,000 [from compliance with this section]
193	214		if the commission finds that compliance would work a hardship on
194	215		[the district or] the municipality;
195	216		(B) a school district with a student enrollment
196	217		of fewer than 10,000 students; and
197	218		(C) an entity described by Subsection (a) if:
198	219		(i) the entity petitions the commission for
199	220		an exemption; and
200	221		(ii) the commission finds that compliance
201	222		would work a hardship on the entity; and
202	223		(2) [. The commission] shall adopt rules for
203	224		administering this subsection.
204	225		ARTICLE 3. TEACHER QUALITY
205	226		SECTION 3.01. The heading to Section 21.410, Education
206	227		Code, is amended to read as follows:
207	228		Sec. 21.410. MASTER [READING] TEACHER GRANT PROGRAM.
208	229		SECTION 3.02. Section 21.410, Education Code, is amended by
209	230		amending Subsections (a), (b), (c), (d), (f), (g), and (j) and
210	231		adding Subsection (c-1) to read as follows:
211	232		(a) The commissioner shall establish a master [reading]
212	233		teacher grant program to encourage teachers to:
213	234		(1) become certified as master [reading] teachers in
214	235		reading, mathematics, technology, or science; and
215	236		(2) work with other teachers and with students in
216	237		order to improve student reading, mathematics, or science
217	238		performance or to increase the use of technology in each classroom,
218	239		as applicable.
219	240		(b) From funds appropriated for the purpose, the
220	241		commissioner shall make grants to school districts as provided by
221	242		this section to pay stipends to selected certified master [reading]
222	243		teachers who teach at high-need campuses.
223	244		(c) The commissioner shall annually identify each high-need
224	245		campus in a school district using criteria established by the
225	246		commissioner by rule[, including performance on the reading
226	247		assessment instrument administered under Section 39.023]. The
227	248		commissioner shall also use the criteria to rank campuses in order
228	249		of greatest need.
229	250		(c-1) In establishing criteria under Subsection (c) to
230	251		identify high-need campuses for purposes of awarding master teacher
231	252		grants in reading, mathematics, or science, the commissioner must
232	253		include performance on the reading, mathematics, or science
233	254		assessment instrument administered under Section 39.023, as
234	255		applicable.
235	256		(d) A school district may apply to the commissioner for
236	257		grants for each high-need campus identified by the commissioner to
237	258		be used to pay stipends to certified master [reading] teachers in
238	259		accordance with this section. [Unless reduced under Subsection (g)
239	260		or (i), each grant is in the amount of $5,000.] The commissioner
240	261		shall approve the application if the district:
241	262		(1) applies within the period and in the manner
242	263		required by rule adopted by the commissioner; and
243	264		(2) agrees to use each grant only for the purpose of
244	265		paying a year-end stipend to a master [reading] teacher in reading,
245	266		mathematics, technology, or science:
246	267		(A) who holds the appropriate [a] certificate
247	268		issued under Section 21.0481, Section 21.0482, Section 21.0483, or
248	269		Section 21.0484;
249	270		(B) who teaches in a position prescribed by the
250	271		district at a high-need campus identified by the commissioner;
251	272		(C) whose primary duties include:
252	273		(i) teaching reading, mathematics, or
253	274		science or integrating technology use in teaching, as applicable;
254	275		and
255	276		(ii) serving as a reading, mathematics, or
256	277		science teaching mentor or technology training mentor, as
257	278		applicable, to other teachers for the amount of time and in the
258	279		manner established by the district and by rule adopted by the
259	280		commissioner; and
260	281		(D) who satisfies any other requirements
261	282		established by rule adopted by the commissioner.
262	283		(f) The commissioner shall adopt rules for the distribution
263	284		of grants to school districts following the year of the initial
264	285		grant. A district that has been approved for a grant to pay a
265	286		stipend to a certified master [reading] teacher is not required to
266	287		reapply for a grant for two consecutive school years following the
267	288		year of the initial [intitial] grant if the district:
268	289		(1) continues to pay a stipend as provided by
269	290		Subsection (g); and
270	291		(2) notifies the commissioner in writing, within the
271	292		period and in the manner prescribed by the commissioner, that the
272	293		circumstances on which the grant was based have not changed.
273	294		(g) The commissioner shall reduce payments to a school
274	295		district proportionately to the extent a teacher does not meet the
275	296		requirements under Subsection (d)(2) for the entire school year. A
276	297		district that employs more certified master [reading] teachers than
277	298		the number of grants available under this section shall select the
278	299		certified master [reading] teachers to whom to pay stipends based
279	300		on a policy adopted by the board of trustees of the district, except
280	301		that a district shall pay a stipend for two additional consecutive
281	302		school years to a teacher the district has selected for and paid a
282	303		stipend for a school year, who remains eligible for a stipend under
283	304		Subsection (d)(2), and for whom the district receives a grant under
284	305		this section for those years. A decision of the district under this
285	306		subsection is final and may not be appealed. The district may not
286	307		apportion among teachers a stipend paid for with a grant the
287	308		district receives under this section. The district may use local
288	309		money to pay additional stipends in amounts determined by the
289	310		district.
290	311		(j) A decision of the commissioner concerning the amount of
291	312		money to which a school district is entitled under this section is
292	313		final and may not be appealed. Each district shall, in the manner
293	314		and at the time prescribed by the commissioner, provide to the
294	315		commissioner proof acceptable to the commissioner of the master
295	316		[reading] teacher certification of a teacher to whom the district
296	317		is paying a stipend under this section.
297	318		ARTICLE 4. REPEALERS
298	319		SECTION 4.01. (a) The following provisions of the Education
299	320		Code are repealed:
300	321		(1) Section 7.102(c)(9);
301	322		(2) Sections 21.411, 21.412, and 21.413;
302	323		(3) Section 29.007;
303	324		(4) Sections 29.095(a)(1), 29.096(a), and
304	325		29.097(a)(1);
305	326		(5) Section 38.0081;
306		-	(6) Sections 39.401, 39.402, 39.403, 39.404, 39.405,
	327	+	(6) Subchapter C, Chapter 38;
	328	+	(7) Sections 39.401, 39.402, 39.403, 39.404, 39.405,
307	329		39.406, 39.407, 39.409, 39.410, 39.411, 39.412, 39.413, 39.414,
308	330		39.415, and 39.416;
309		-	(7) Section 44.903; and
310		-	(8) Section 45.208(e).
	331	+	(8) Section 44.903; and
	332	+	(9) Section 45.208(e).
311	333		(b) Chapter 114, Health and Safety Code, is repealed.
312	334		ARTICLE 5. EFFECTIVE DATE
313	335		SECTION 5.01. This Act applies beginning with the 2019-2020
314	336		school year.
315	337		SECTION 5.02. This Act takes effect immediately if it
316	338		receives a vote of two-thirds of all the members elected to each
317	339		house, as provided by Section 39, Article III, Texas Constitution.
318	340		If this Act does not receive the vote necessary for immediate
319	341		effect, this Act takes effect September 1, 2019.