Texas 2019 - 86th Regular

Texas Senate Bill SB1376 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1376
	1	+	By: Paxton, et al. S.B. No. 1376
	2	+	(Patterson, González of El Paso, Ashby, VanDeaver, et al.)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to eliminating certain requirements imposed on school
6	8		districts and other educational entities.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		ARTICLE 1. POWERS AND DUTIES OF STATE BOARD FOR EDUCATOR
9	11		CERTIFICATION, SHARED SERVICES ARRANGEMENTS, AND HIGH SCHOOL
10	12		COMPLETION AND SUCCESS INITIATIVE COUNCIL
11	13		SECTION 1.01. Section 21.040, Education Code, is amended to
12	14		read as follows:
13	15		Sec. 21.040. GENERAL POWERS AND DUTIES OF BOARD. The board
14	16		shall:
15	17		(1) [supervise the executive director's performance;
16	18		[(2) approve an operating budget for the board and
17	19		make a request for appropriations;
18	20		[(3)] appoint the members of any advisory committee to
19	21		the board;
20	22		(2) [(4)] for each class of educator certificate,
21	23		appoint an advisory committee composed of members of that class to
22	24		recommend standards for that class to the board;
23	25		(3) [(5)] provide to its members and employees, as
24	26		often as necessary, information regarding their qualifications for
25	27		office or employment under this chapter and their responsibilities
26	28		under applicable laws relating to standards of conduct for state
27	29		officers or employees; and
28	30		(4) [(6)] develop and implement policies that clearly
29	31		define the respective responsibilities of the board and the board's
30	32		staff[; and
31	33		[(7) execute interagency contracts to perform routine
32	34		administrative functions].
33	35		SECTION 1.02. Section 29.006(a), Education Code, is amended
34	36		to read as follows:
35	37		(a) The governor shall appoint a continuing advisory
36	38		committee, composed of 17 members, under 20 U.S.C. Section
37	39		1412(a)(21). At least one member appointed under this subsection
38	40		must be a director of special education programs for a school
39	41		district [or for a shared services arrangement of multiple school
40	42		districts as provided by Section 29.007].
41	43		SECTION 1.03. Sections 29.095(d) and (e), Education Code,
42	44		are amended to read as follows:
43	45		(d) The commissioner shall establish application criteria
44	46		for receipt of a grant under this section. The criteria must
45	47		require confirmation that the appropriate campus-level planning
46	48		and decision-making committee established under Subchapter F,
47	49		Chapter 11, and the school district board of trustees have approved
48	50		a plan that includes:
49	51		(1) a description of the student club;
50	52		(2) a statement of the student club's goals, intent,
51	53		and activities;
52	54		(3) a statement of the source of funds to be used to
53	55		match the grant;
54	56		(4) a budget for the student club; and
55	57		(5) a statement showing that the student club's
56	58		finances are sustainable[; and
57	59		[(6) any other information the council requires].
58	60		(e) The commissioner shall establish the minimum
59	61		requirements for a local grant agreement, including requiring:
60	62		(1) the agreement to be signed by the sponsor of a
61	63		student club receiving a grant and another authorized school
62	64		district officer; and
63	65		(2) the district and the student club to participate
64	66		in an evaluation[, as determined by the council,] of the club's
65	67		program and the program's effect on student achievement and dropout
66	68		rates.
67	69		SECTION 1.04. Section 29.096(e), Education Code, is amended
68	70		to read as follows:
69	71		(e) The commissioner shall establish minimum standards for
70	72		a local collaborative agreement, including a requirement that the
71	73		agreement must be signed by an authorized school district or
72	74		open-enrollment charter school officer and an authorized
73	75		representative of each of the other participating entities that is
74	76		a partner in the collaboration. The program must:
75	77		(1) limit participation in the program to students
76	78		authorized to participate by a parent or other person standing in
77	79		parental relationship;
78	80		(2) have as a primary goal graduation from high
79	81		school;
80	82		(3) provide for local businesses or other employers to
81	83		offer paid employment or internship opportunities and advanced
82	84		career and vocational training;
83	85		(4) include an outreach component and a lead
84	86		educational staff member to identify and involve eligible students
85	87		and public and private entities in participating in the program;
86	88		(5) serve a population of students of which at least 50
87	89		percent are identified as students at risk of dropping out of
88	90		school, as described by Section 29.081(d);
89	91		(6) allocate not more than 15 percent of grant funds
90	92		and matching funds, as determined by the commissioner, to
91	93		administrative expenses; and
92	94		(7) include matching funds from any of the
93	95		participating entities[; and
94	96		[(8) include any other requirements as determined by
95	97		the council].
96	98		SECTION 1.05. Section 29.097(b), Education Code, is amended
97	99		to read as follows:
98	100		(b) From funds appropriated for that purpose in an amount
99	101		not to exceed $3 million each year, the commissioner shall
100	102		establish a pilot program for the commissioner to award grants to
101	103		participating campuses to provide intensive technology-based
102	104		supplementary instruction in English, mathematics, science, or
103	105		social studies to students in grades nine through 12 identified as
104	106		being at risk of dropping out of school, as described by Section
105	107		29.081(d). Instruction techniques and technology used by a campus
106	108		under this section must be based on the best available research[, as
107	109		determined by the council,] regarding college and workforce
108	110		readiness.
109	111		SECTION 1.06. Section 39.235(a), Education Code, is amended
110	112		to read as follows:
111	113		(a) From funds appropriated for that purpose, the
112	114		commissioner may establish a grant program under which grants are
113	115		awarded to middle, junior high, and high school campuses and school
114	116		districts to support:
115	117		(1) the implementation of innovative improvement
116	118		programs that are based on the best available research regarding
117	119		middle, junior high, or high school reform, dropout prevention, and
118	120		preparing students for postsecondary coursework or employment; and
119	121		(2) enhancing education practices that have been
120	122		demonstrated by significant evidence of effectiveness[; and
121	123		[(3) the alignment of grants and programs to the
122	124		strategic plan adopted under Section 39.407].
123	125		ARTICLE 2. SCHOOL OPERATIONS
124	126		SECTION 2.01. Sections 33.202(a), (c), (d), and (e),
125	127		Education Code, are amended to read as follows:
126	128		(a) The University Interscholastic League [commissioner by
127	129		rule] shall develop and adopt an extracurricular activity safety
128	130		training program as provided by this section. In developing the
129	131		program, the league [commissioner] may use materials available from
130	132		the American Red Cross, Emergency Medical Systems (EMS), or another
131	133		appropriate entity.
132	134		(c) The safety training program must include:
133	135		(1) certification of participants by the American Red
134	136		Cross, the American Heart Association, or a similar organization or
135	137		by the University Interscholastic League[, as determined by the
136	138		commissioner];
137	139		(2) current training in:
138	140		(A) emergency action planning;
139	141		(B) cardiopulmonary resuscitation if the person
140	142		is not required to obtain certification under Section 33.086;
141	143		(C) communicating effectively with 9-1-1
142	144		emergency service operators and other emergency personnel; and
143	145		(D) recognizing symptoms of potentially
144	146		catastrophic injuries, including head and neck injuries,
145	147		concussions, injuries related to second impact syndrome, asthma
146	148		attacks, heatstroke, cardiac arrest, and injuries requiring use of
147	149		a defibrillator; and
148	150		(3) at least once each school year, a safety drill that
149	151		incorporates the training described by Subdivision (2) and
150	152		simulates various injuries described by Subdivision (2)(D).
151	153		(d) The University Interscholastic League [A school
152	154		district] shall provide training to students participating in an
153	155		extracurricular athletic activity related to:
154	156		(1) recognizing the symptoms of injuries described by
155	157		Subsection (c)(2)(D); and
156	158		(2) the risks of using dietary supplements designed to
157	159		enhance or marketed as enhancing athletic performance.
158	160		(e) The safety training program and the training under
159	161		Subsection (d) must [may] each be conducted by the University
160	162		Interscholastic League [a school or school district] or by another
161	163		[an] organization described by Subsection (c)(1), as determined by
162	164		the league.
163	165		SECTION 2.02. Section 361.425(b), Health and Safety Code,
164	166		is amended to read as follows:
165	167		(b) The commission:
166	168		(1) by order shall exempt from compliance with this
167	169		section:
168	170		(A) [a school district or] a municipality with a
169	171		population of less than 5,000 [from compliance with this section]
170	172		if the commission finds that compliance would work a hardship on
171	173		[the district or] the municipality;
172	174		(B) a school district with a student enrollment
173	175		of fewer than 10,000 students; and
174	176		(C) an entity described by Subsection (a) if:
175	177		(i) the entity petitions the commission for
176	178		an exemption; and
177	179		(ii) the commission finds that compliance
178	180		would work a hardship on the entity; and
179	181		(2) [. The commission] shall adopt rules for
180	182		administering this subsection.
181	183		SECTION 2.03. Section 361.426(d), Health and Safety Code,
182	184		is amended to read as follows:
183	185		(d) The commission:
184	186		(1) by order shall exempt from compliance with this
185	187		section:
186	188		(A) [a school district or] a municipality with a
187	189		population of less than 5,000 [from compliance with this section]
188	190		if the commission finds that compliance would work a hardship on
189	191		[the district or] the municipality;
190	192		(B) a school district with a student enrollment
191	193		of fewer than 10,000 students; and
192	194		(C) an entity described by Subsection (a) if:
193	195		(i) the entity petitions the commission for
194	196		an exemption; and
195	197		(ii) the commission finds that compliance
196	198		would work a hardship on the entity; and
197	199		(2) [. The commission] shall adopt rules for
198	200		administering this subsection.
199	201		ARTICLE 3. TEACHER QUALITY
200	202		SECTION 3.01. The heading to Section 21.410, Education
201	203		Code, is amended to read as follows:
202	204		Sec. 21.410. MASTER [READING] TEACHER GRANT PROGRAM.
203	205		SECTION 3.02. Section 21.410, Education Code, is amended by
204	206		amending Subsections (a), (b), (c), (d), (f), (g), and (j) and
205	207		adding Subsection (c-1) to read as follows:
206	208		(a) The commissioner shall establish a master [reading]
207	209		teacher grant program to encourage teachers to:
208	210		(1) become certified as master [reading] teachers in
209	211		reading, mathematics, technology, or science; and
210	212		(2) work with other teachers and with students in
211	213		order to improve student reading, mathematics, or science
212	214		performance or to increase the use of technology in each classroom,
213	215		as applicable.
214	216		(b) From funds appropriated for the purpose, the
215	217		commissioner shall make grants to school districts as provided by
216	218		this section to pay stipends to selected certified master [reading]
217	219		teachers who teach at high-need campuses.
218	220		(c) The commissioner shall annually identify each high-need
219	221		campus in a school district using criteria established by the
220	222		commissioner by rule[, including performance on the reading
221	223		assessment instrument administered under Section 39.023]. The
222	224		commissioner shall also use the criteria to rank campuses in order
223	225		of greatest need.
224	226		(c-1) In establishing criteria under Subsection (c) to
225	227		identify high-need campuses for purposes of awarding master teacher
226	228		grants in reading, mathematics, or science, the commissioner must
227	229		include performance on the reading, mathematics, or science
228	230		assessment instrument administered under Section 39.023, as
229	231		applicable.
230	232		(d) A school district may apply to the commissioner for
231	233		grants for each high-need campus identified by the commissioner to
232	234		be used to pay stipends to certified master [reading] teachers in
233	235		accordance with this section. [Unless reduced under Subsection (g)
234	236		or (i), each grant is in the amount of $5,000.] The commissioner
235	237		shall approve the application if the district:
236	238		(1) applies within the period and in the manner
237	239		required by rule adopted by the commissioner; and
238	240		(2) agrees to use each grant only for the purpose of
239	241		paying a year-end stipend to a master [reading] teacher in reading,
240	242		mathematics, technology, or science:
241	243		(A) who holds the appropriate [a] certificate
242	244		issued under Section 21.0481, Section 21.0482, Section 21.0483, or
243	245		Section 21.0484;
244	246		(B) who teaches in a position prescribed by the
245	247		district at a high-need campus identified by the commissioner;
246	248		(C) whose primary duties include:
247	249		(i) teaching reading, mathematics, or
248	250		science or integrating technology use in teaching, as applicable;
249	251		and
250	252		(ii) serving as a reading, mathematics, or
251	253		science teaching mentor or technology training mentor, as
252	254		applicable, to other teachers for the amount of time and in the
253	255		manner established by the district and by rule adopted by the
254	256		commissioner; and
255	257		(D) who satisfies any other requirements
256	258		established by rule adopted by the commissioner.
257	259		(f) The commissioner shall adopt rules for the distribution
258	260		of grants to school districts following the year of the initial
259	261		grant. A district that has been approved for a grant to pay a
260	262		stipend to a certified master [reading] teacher is not required to
261	263		reapply for a grant for two consecutive school years following the
262	264		year of the initial [intitial] grant if the district:
263	265		(1) continues to pay a stipend as provided by
264	266		Subsection (g); and
265	267		(2) notifies the commissioner in writing, within the
266	268		period and in the manner prescribed by the commissioner, that the
267	269		circumstances on which the grant was based have not changed.
268	270		(g) The commissioner shall reduce payments to a school
269	271		district proportionately to the extent a teacher does not meet the
270	272		requirements under Subsection (d)(2) for the entire school year. A
271	273		district that employs more certified master [reading] teachers than
272	274		the number of grants available under this section shall select the
273	275		certified master [reading] teachers to whom to pay stipends based
274	276		on a policy adopted by the board of trustees of the district, except
275	277		that a district shall pay a stipend for two additional consecutive
276	278		school years to a teacher the district has selected for and paid a
277	279		stipend for a school year, who remains eligible for a stipend under
278	280		Subsection (d)(2), and for whom the district receives a grant under
279	281		this section for those years. A decision of the district under this
280	282		subsection is final and may not be appealed. The district may not
281	283		apportion among teachers a stipend paid for with a grant the
282	284		district receives under this section. The district may use local
283	285		money to pay additional stipends in amounts determined by the
284	286		district.
285	287		(j) A decision of the commissioner concerning the amount of
286	288		money to which a school district is entitled under this section is
287	289		final and may not be appealed. Each district shall, in the manner
288	290		and at the time prescribed by the commissioner, provide to the
289	291		commissioner proof acceptable to the commissioner of the master
290	292		[reading] teacher certification of a teacher to whom the district
291	293		is paying a stipend under this section.
292	294		ARTICLE 4. REPEALERS
293	295		SECTION 4.01. (a) The following provisions of the Education
294	296		Code are repealed:
295	297		(1) Section 7.102(c)(9);
296	298		(2) Sections 21.411, 21.412, and 21.413;
297	299		(3) Section 29.007;
298	300		(4) Sections 29.095(a)(1), 29.096(a), and
299	301		29.097(a)(1);
300	302		(5) Section 38.0081;
301	303		(6) Sections 39.401, 39.402, 39.403, 39.404, 39.405,
302	304		39.406, 39.407, 39.409, 39.410, 39.411, 39.412, 39.413, 39.414,
303	305		39.415, and 39.416;
304	306		(7) Section 44.903; and
305	307		(8) Section 45.208(e).
306	308		(b) Chapter 114, Health and Safety Code, is repealed.
307	309		ARTICLE 5. EFFECTIVE DATE
308	310		SECTION 5.01. This Act applies beginning with the 2019-2020
309	311		school year.
310	312		SECTION 5.02. This Act takes effect immediately if it
311	313		receives a vote of two-thirds of all the members elected to each
312	314		house, as provided by Section 39, Article III, Texas Constitution.
313	315		If this Act does not receive the vote necessary for immediate
314	316		effect, this Act takes effect September 1, 2019.
315		-	______________________________ ______________________________
316		-	President of the Senate Speaker of the House
317		-	I hereby certify that S.B. No. 1376 passed the Senate on
318		-	April 17, 2019, by the following vote: Yeas 30, Nays 0, one
319		-	present not voting.
320		-	______________________________
321		-	Secretary of the Senate
322		-	I hereby certify that S.B. No. 1376 passed the House on
323		-	May 17, 2019, by the following vote: Yeas 146, Nays 0, one
324		-	present not voting.
325		-	______________________________
326		-	Chief Clerk of the House
327		-	Approved:
328		-	______________________________
329		-	Date
330		-	______________________________
331		-	Governor