By: Paxton S.B. No. 1376
(In the Senate - Filed March 1, 2019; March 14, 2019, read
first time and referred to Committee on Education; April 11, 2019,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 10, Nays 0; April 11, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1376 By: Paxton
A BILL TO BE ENTITLED
AN ACT
relating to eliminating certain requirements imposed on school
districts and other educational entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. POWERS AND DUTIES OF STATE BOARD FOR EDUCATOR
CERTIFICATION, SHARED SERVICES ARRANGEMENTS, AND HIGH SCHOOL
COMPLETION AND SUCCESS INITIATIVE COUNCIL
SECTION 1.01. Section 21.040, Education Code, is amended to
read as follows:
Sec. 21.040. GENERAL POWERS AND DUTIES OF BOARD. The board
shall:
(1) [supervise the executive director's performance;
[(2) approve an operating budget for the board and
make a request for appropriations;
[(3)] appoint the members of any advisory committee to
the board;
(2) [(4)] for each class of educator certificate,
appoint an advisory committee composed of members of that class to
recommend standards for that class to the board;
(3) [(5)] provide to its members and employees, as
often as necessary, information regarding their qualifications for
office or employment under this chapter and their responsibilities
under applicable laws relating to standards of conduct for state
officers or employees; and
(4) [(6)] develop and implement policies that clearly
define the respective responsibilities of the board and the board's
staff[; and
[(7) execute interagency contracts to perform routine
administrative functions].
SECTION 1.02. Section 29.006(a), Education Code, is amended
to read as follows:
(a) The governor shall appoint a continuing advisory
committee, composed of 17 members, under 20 U.S.C. Section
1412(a)(21). At least one member appointed under this subsection
must be a director of special education programs for a school
district [or for a shared services arrangement of multiple school
districts as provided by Section 29.007].
SECTION 1.03. Sections 29.095(d) and (e), Education Code,
are amended to read as follows:
(d) The commissioner shall establish application criteria
for receipt of a grant under this section. The criteria must
require confirmation that the appropriate campus-level planning
and decision-making committee established under Subchapter F,
Chapter 11, and the school district board of trustees have approved
a plan that includes:
(1) a description of the student club;
(2) a statement of the student club's goals, intent,
and activities;
(3) a statement of the source of funds to be used to
match the grant;
(4) a budget for the student club; and
(5) a statement showing that the student club's
finances are sustainable[; and
[(6) any other information the council requires].
(e) The commissioner shall establish the minimum
requirements for a local grant agreement, including requiring:
(1) the agreement to be signed by the sponsor of a
student club receiving a grant and another authorized school
district officer; and
(2) the district and the student club to participate
in an evaluation[, as determined by the council,] of the club's
program and the program's effect on student achievement and dropout
rates.
SECTION 1.04. Section 29.096(e), Education Code, is amended
to read as follows:
(e) The commissioner shall establish minimum standards for
a local collaborative agreement, including a requirement that the
agreement must be signed by an authorized school district or
open-enrollment charter school officer and an authorized
representative of each of the other participating entities that is
a partner in the collaboration. The program must:
(1) limit participation in the program to students
authorized to participate by a parent or other person standing in
parental relationship;
(2) have as a primary goal graduation from high
school;
(3) provide for local businesses or other employers to
offer paid employment or internship opportunities and advanced
career and vocational training;
(4) include an outreach component and a lead
educational staff member to identify and involve eligible students
and public and private entities in participating in the program;
(5) serve a population of students of which at least 50
percent are identified as students at risk of dropping out of
school, as described by Section 29.081(d);
(6) allocate not more than 15 percent of grant funds
and matching funds, as determined by the commissioner, to
administrative expenses; and
(7) include matching funds from any of the
participating entities[; and
[(8) include any other requirements as determined by
the council].
SECTION 1.05. Section 29.097(b), Education Code, is amended
to read as follows:
(b) From funds appropriated for that purpose in an amount
not to exceed $3 million each year, the commissioner shall
establish a pilot program for the commissioner to award grants to
participating campuses to provide intensive technology-based
supplementary instruction in English, mathematics, science, or
social studies to students in grades nine through 12 identified as
being at risk of dropping out of school, as described by Section
29.081(d). Instruction techniques and technology used by a campus
under this section must be based on the best available research[, as
determined by the council,] regarding college and workforce
readiness.
SECTION 1.06. Section 39.235(a), Education Code, is amended
to read as follows:
(a) From funds appropriated for that purpose, the
commissioner may establish a grant program under which grants are
awarded to middle, junior high, and high school campuses and school
districts to support:
(1) the implementation of innovative improvement
programs that are based on the best available research regarding
middle, junior high, or high school reform, dropout prevention, and
preparing students for postsecondary coursework or employment; and
(2) enhancing education practices that have been
demonstrated by significant evidence of effectiveness[; and
[(3) the alignment of grants and programs to the
strategic plan adopted under Section 39.407].
ARTICLE 2. SCHOOL OPERATIONS
SECTION 2.01. Sections 33.202(a), (c), (d), and (e),
Education Code, are amended to read as follows:
(a) The University Interscholastic League [commissioner by
rule] shall develop and adopt an extracurricular activity safety
training program as provided by this section. In developing the
program, the league [commissioner] may use materials available from
the American Red Cross, Emergency Medical Systems (EMS), or another
appropriate entity.
(c) The safety training program must include:
(1) certification of participants by the American Red
Cross, the American Heart Association, or a similar organization or
by the University Interscholastic League[, as determined by the
commissioner];
(2) current training in:
(A) emergency action planning;
(B) cardiopulmonary resuscitation if the person
is not required to obtain certification under Section 33.086;
(C) communicating effectively with 9-1-1
emergency service operators and other emergency personnel; and
(D) recognizing symptoms of potentially
catastrophic injuries, including head and neck injuries,
concussions, injuries related to second impact syndrome, asthma
attacks, heatstroke, cardiac arrest, and injuries requiring use of
a defibrillator; and
(3) at least once each school year, a safety drill that
incorporates the training described by Subdivision (2) and
simulates various injuries described by Subdivision (2)(D).
(d) The University Interscholastic League [A school
district] shall provide training to students participating in an
extracurricular athletic activity related to:
(1) recognizing the symptoms of injuries described by
Subsection (c)(2)(D); and
(2) the risks of using dietary supplements designed to
enhance or marketed as enhancing athletic performance.
(e) The safety training program and the training under
Subsection (d) must [may] each be conducted by the University
Interscholastic League [a school or school district] or by another
[an] organization described by Subsection (c)(1), as determined by
the league.
SECTION 2.02. Section 361.425(b), Health and Safety Code,
is amended to read as follows:
(b) The commission:
(1) by order shall exempt from compliance with this
section:
(A) [a school district or] a municipality with a
population of less than 5,000 [from compliance with this section]
if the commission finds that compliance would work a hardship on
[the district or] the municipality;
(B) a school district with a student enrollment
of fewer than 10,000 students; and
(C) an entity described by Subsection (a) if:
(i) the entity petitions the commission for
an exemption; and
(ii) the commission finds that compliance
would work a hardship on the entity; and
(2) [. The commission] shall adopt rules for
administering this subsection.
SECTION 2.03. Section 361.426(d), Health and Safety Code,
is amended to read as follows:
(d) The commission:
(1) by order shall exempt from compliance with this
section:
(A) [a school district or] a municipality with a
population of less than 5,000 [from compliance with this section]
if the commission finds that compliance would work a hardship on
[the district or] the municipality;
(B) a school district with a student enrollment
of fewer than 10,000 students; and
(C) an entity described by Subsection (a) if:
(i) the entity petitions the commission for
an exemption; and
(ii) the commission finds that compliance
would work a hardship on the entity; and
(2) [. The commission] shall adopt rules for
administering this subsection.
ARTICLE 3. TEACHER QUALITY
SECTION 3.01. The heading to Section 21.410, Education
Code, is amended to read as follows:
Sec. 21.410. MASTER [READING] TEACHER GRANT PROGRAM.
SECTION 3.02. Section 21.410, Education Code, is amended by
amending Subsections (a), (b), (c), (d), (f), (g), and (j) and
adding Subsection (c-1) to read as follows:
(a) The commissioner shall establish a master [reading]
teacher grant program to encourage teachers to:
(1) become certified as master [reading] teachers in
reading, mathematics, technology, or science; and
(2) work with other teachers and with students in
order to improve student reading, mathematics, or science
performance or to increase the use of technology in each classroom,
as applicable.
(b) From funds appropriated for the purpose, the
commissioner shall make grants to school districts as provided by
this section to pay stipends to selected certified master [reading]
teachers who teach at high-need campuses.
(c) The commissioner shall annually identify each high-need
campus in a school district using criteria established by the
commissioner by rule[, including performance on the reading
assessment instrument administered under Section 39.023]. The
commissioner shall also use the criteria to rank campuses in order
of greatest need.
(c-1) In establishing criteria under Subsection (c) to
identify high-need campuses for purposes of awarding master teacher
grants in reading, mathematics, or science, the commissioner must
include performance on the reading, mathematics, or science
assessment instrument administered under Section 39.023, as
applicable.
(d) A school district may apply to the commissioner for
grants for each high-need campus identified by the commissioner to
be used to pay stipends to certified master [reading] teachers in
accordance with this section. [Unless reduced under Subsection (g)
or (i), each grant is in the amount of $5,000.] The commissioner
shall approve the application if the district:
(1) applies within the period and in the manner
required by rule adopted by the commissioner; and
(2) agrees to use each grant only for the purpose of
paying a year-end stipend to a master [reading] teacher in reading,
mathematics, technology, or science:
(A) who holds the appropriate [a] certificate
issued under Section 21.0481, Section 21.0482, Section 21.0483, or
Section 21.0484;
(B) who teaches in a position prescribed by the
district at a high-need campus identified by the commissioner;
(C) whose primary duties include:
(i) teaching reading, mathematics, or
science or integrating technology use in teaching, as applicable;
and
(ii) serving as a reading, mathematics, or
science teaching mentor or technology training mentor, as
applicable, to other teachers for the amount of time and in the
manner established by the district and by rule adopted by the
commissioner; and
(D) who satisfies any other requirements
established by rule adopted by the commissioner.
(f) The commissioner shall adopt rules for the distribution
of grants to school districts following the year of the initial
grant. A district that has been approved for a grant to pay a
stipend to a certified master [reading] teacher is not required to
reapply for a grant for two consecutive school years following the
year of the initial [intitial] grant if the district:
(1) continues to pay a stipend as provided by
Subsection (g); and
(2) notifies the commissioner in writing, within the
period and in the manner prescribed by the commissioner, that the
circumstances on which the grant was based have not changed.
(g) The commissioner shall reduce payments to a school
district proportionately to the extent a teacher does not meet the
requirements under Subsection (d)(2) for the entire school year. A
district that employs more certified master [reading] teachers than
the number of grants available under this section shall select the
certified master [reading] teachers to whom to pay stipends based
on a policy adopted by the board of trustees of the district, except
that a district shall pay a stipend for two additional consecutive
school years to a teacher the district has selected for and paid a
stipend for a school year, who remains eligible for a stipend under
Subsection (d)(2), and for whom the district receives a grant under
this section for those years. A decision of the district under this
subsection is final and may not be appealed. The district may not
apportion among teachers a stipend paid for with a grant the
district receives under this section. The district may use local
money to pay additional stipends in amounts determined by the
district.
(j) A decision of the commissioner concerning the amount of
money to which a school district is entitled under this section is
final and may not be appealed. Each district shall, in the manner
and at the time prescribed by the commissioner, provide to the
commissioner proof acceptable to the commissioner of the master
[reading] teacher certification of a teacher to whom the district
is paying a stipend under this section.
ARTICLE 4. REPEALERS
SECTION 4.01. (a) The following provisions of the Education
Code are repealed:
(1) Section 7.102(c)(9);
(2) Sections 21.411, 21.412, and 21.413;
(3) Section 29.007;
(4) Sections 29.095(a)(1), 29.096(a), and
29.097(a)(1);
(5) Section 38.0081;
(6) Sections 39.401, 39.402, 39.403, 39.404, 39.405,
39.406, 39.407, 39.409, 39.410, 39.411, 39.412, 39.413, 39.414,
39.415, and 39.416;
(7) Section 44.903; and
(8) Section 45.208(e).
(b) Chapter 114, Health and Safety Code, is repealed.
ARTICLE 5. EFFECTIVE DATE
SECTION 5.01. This Act applies beginning with the 2019-2020
school year.
SECTION 5.02. 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, 2019.
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