01h LEGIS-2nd CALLED SESSION CH 28, SEC. I-A2 CHAPTER 28 H.B. No. 72 An Act relating to the public school system, including administration, finance, personnel, students, programs, teacher education and retirement, and elements of the offense of thwarting compulsory school attendance. Be it enacted by the Legislature of the State of Texas: ARTICLE I. ADMINISTRATION AND OVERSIGHT OF PUBLIC EDUCATION POLICY PART A. LEGISLATIVE EDUCATION BOARD SECTION 1. Title 87, Revised Statutes, is amended by adding Article 5429p to read as follows: Art. 5429p. LEGISLATIVE EDUCA TION BOARD Sec. 1. LEGISLATIVE EDUCATION BOARD. The Legislative Education Board is estab lished. Sec. 2 COMPOSITION The LegislativeEducation Board is composed of- (I) the lieutenantgovernor; (2) the speakerof the house ofrepresentatives; (3) the chairman ofthe House Public Education Committee; (4) the chairman ofthe Senate Education Committee; (5) the chairman ofthe House AppropriationsCommittee; (6) the chairman ofthe Senate FinanceCommittee; (7) two state representativesappointedby the speaker; and (8) two senatorsappointedby the lieutenantgovernor. Sec. 3. CHAIRMAN. The lieutenant governor and speaker of the house alternate serving as chairmanand vice-chairman ofthe board. Each term as chairman isfor two years concurrentwith the fiscal blennium. Sec. 4. QUORUM. A majority of the members of each house constitutesa quorum of the board for the transactionof business. Sec. 5. MEETINGS. The board shall meet at least quarterly and at other times at the call of the chair. Sec. 6 POWERS AND DUTIES. (a) The board shall oversee and review the implementation of legislativeeducationpolicy, includingfiscalpolicy, by state agencies that have the statutory duty to implement thatpolicy. The board may require information and reportsfrom state agencies as necessary to carryout its duties. (b)subpoenas. Forpurposes of carrying out its duties, the board hastothecompel powerthe to administer issue signed by the chairman or vice-chairman, attendance oaths and to of witnesses and the p reduction of books, records, and documents. A4subpoena of the board shall be served by a peace officer in the manner in which district court subpoenas are served. On application of the board, a district court of Travis County shall compel compliance with a subpoena issued by the board in the same manner asfor district court subpoenas. (c) The board shall make recommendations to the legislature concerning needed changes in legislativeeducationpolicy. (d) The Texas Legislative Council shall provide staff for the board as necessary to the performance ofits duties. (e) State agenciesshall cooperate with and assist the boardat the board'srequest. Sec. 7. REVIEW OF CURRICULUM IMPLEMENTATION. The board shall biennially review the curriculum rules adopted by the State Board of Education under Section 21.101, Education Code, for thepurpose of ensuringcompliance with legislative intent. SECTION 2. Section 11.23, Education Code, is amended by amending Subsection (b) and adding Subsection (d)to read as follows: b) At its next regular [awsmy] meeting [eof eeek year] following the [genena] election and qualification of new members, the State Board of Education shall organize, adopt rules of procedure, and elect a [.ehsmm q] vice chairman [;] and secretary. (d) The governor appoints the chairman of the State Board of Education from among the membership of the State Board of Education. The chairmanserves a term of two years CH XS, SEC. I.A2 8th LEGIS-2nd CALLED SESSION PART B. STATE BOARD OF EDUCATION; UNIFORM ELECTION DATE FOR SCHOOL ELECTIONS SECTION 1, Section 11.21, Education Code, is amended to read as follows: Sec. 11.21. COMPOSITION OF BOARD. (a) The State Board of Education is composed of 15 members low membeis] elected from districts [eae eengess nei dssf,4. egebelihed by (b) Each districtfrom which a board member is elected is composed as follows: (1) District No. I is composed ofrBrewster, Brooks, Crockett, Culberson, Dimmit, Duval, Edwards, El Paso, Hudspeth, Jeff Davis Jim Hogg, Jim Wells, Kinney, Loving, Maverick Pecos, Presidlo, Reagan, Reeves, Schleicher, Starr, Sutton, Terrell, Upton, Uvalde, Val Verde, Ward, Webb, Winkler, Zapata, and Zavala counties; and that part ofHidalgo County included in census tracts 201, 202, 213, 241, and 242; (2) District No. 2 is composed of Aransas, Calhoun, Cameron, Jackson, Kenedy, Kleberg, Matagorda, Nueces, Victoria, and Willacy counties; and that part of Hidalgo County included In census tracts 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 2264 227, 228, 229, 230, 23), 232, 233, 234, 235, 236, 237, 238, 239, 240, and 243; (3) District No. 3 is composed of Atascosa, Bee, De Witt, Frio, Goliad, Karnes, La Salle, Live Oak, McMullen, Medina, Refugio, San Patricio, and Wilson counties; and that part of Bexar County included In census tracts 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 11)0, 1201, 1202, 1207, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1401, 1402, 1403, 1404, 1405, 1406, 1407, 1408, 1409, 1410, 1411, 1412, 1413, 1414, 1415, 1416, 1417, 1418, 1501, 1502, 1503, 1504, 1505. 1506, 1507, 1508, 1509, 1510, 1511, 1512 1513, 1514, 1515, 1516, 1517, 1518, 1519, 1520, 1521, 1522, 1601, 1602, 1603, 1604, 1605, 1606, 1607,1608, 1609,1610, 161, 1612, 1613, 1614.01, 1614.02, 1615, 1616, 1617, 1618,1619, 1620, 170, 1702, 1703, 1704, 1705, 1706, 1707, 1708, 1709, 1710, 1711, 1712, 1713, 1714, 1715, 1716, 1717, 1718, 1719, 1801, 1802, 1803, 1804, 1805, 1806, 1808, 1809.01, 1809.02, 1816, 1901, 1902, 1903, 1904, 1905, 1906, 1907, 1908, 1909, 1910.01, 1910.02, and 1911.02; and that part of census tract 1214 Included in block groups 2 and 9; (4) District No. 4 is composed of that part of Fort Bend County included in census tract 701.04; and that part of census tract 701.03 included in blocks 4 and 9; and that part of census tract 701.05 included in blocks 4 and 5; and that part of Harris County included in census tracts 121, 201.01, 201.02, 202, 202.99, 203.01, 203.02, 203.03, 204, 205.01, 205.02, 205.03, 206.01, 206.02, 207.01, 207.02, 207.03, 207.04, 208.01, 208.02, 208.03, 209, 210.01 210.02, 2)1, 212 213.01, 213.02, 214.01, 214.02, 215.01, 215.02, 215.03, 216 01, 216.02, 217Z01, 217.02, 21& 01, 218.02. 218.03, 218.04, 219, 220.01, 220.02, 221, 222.02, 223.01, 223.02, 223.03, 224.01, 224.02, 224.03, 224.04, 225.01, 225.02, 225.03, 225.04, 226.01, 226.02, 227, 239, 240.02, 300.22, 300.23, 300.24, 301.01, 301.02, 302, 303, 304.01, 304.02, 305.01, 305.02, 306, 307.01, 307.02, 308, 309.01, 309.02, 309.03, 310, 311, 311.99, 312, 312.99, 313.01, 313.02, 314.01, 314.02, 315, 316.01, 316.02, 317.01, 317.02, 317.03, 317.04, 318.01, 318.02, 318.03, 318.04, 319.01, 319.02, 320.01, 320.02, 320.03, 320.04, 321.01, 321.02, 321.03, 321.99, 322.01, 323.01, 323.02, 324.02, 325.01, 325.02, 327.01, 327.02, 328.01, 328.02, 328.03, 329.01, 329.02, 329.03, 330.01, 330.02, 331, 332, 333, 334, 335.01, 335.02, 335.03, 336, 337, 338, 339.01, 339.02, 339.03, 340, 341, 342, 343.01, 343.02, 348.01, 348.02, 350.0L, 400.25, 400.26, 401.01, 401.02, 402.01, 402.02, 403, 404.01, 404.02, 405.01, 405.02, 414.02, 415.01, 415.02, 415.03, 415.04, 427.02, 430.02, 432, 501, 502, 503.01, 503.02, 504, 505.01, 505.02, 506.01, 506.02, 507.01, 507.02, 508, 509.01, 509.02, 509.03, 510, 511, 512, 513, 514.01, 514.02, 515.01, 515.02, 516.01, 516.02, 518.02, 518.03, 519.02, 520.01, 520.02, 520.03, 521.01, 521.02, 521.03, 523.01, 523.02, 523.03, 524, 525.02, 525.03, 525.04, 530.02, 531.0, and 531.03; (5) District No. 5 is composed of Austin, Bandera, Brazoria, Colorado, Comal, Fayette, Gillespie, Gonzales, Guadalupe, Kendall, Kerr, Kimble. Lavaca, Mason, Real, Waller, Washing- ton, and Wharton counties; and that part ofBexar County included in census tracts 1203, 1204, 1205.01, 1205.02, 1206, 1208, 1209.01, 1209.02, 1210, 1211.01, 1211.02, 1212.01, 1212.02. 1213, 1215, 1216.01, 1216.02, 1217, 1218, 1219, 1316.01, 1316.02, 1317, 1318, 1419, 1720, 1807. 1810.01, 1810.02, 1811, 1812 1813, 1814, 1815, 1817.0, 1817.02, 1818, 1819, 1820, 1821, 1911.01, 1912 1913, 1914, 1915, 1916, 1917, and 1918 and that part of census tract 1214 included in block groups I and 3; and that part of Fort Bend County included in census tracts 701.01, 701.02, 701.06, 701.07, 702.01, 702.02, 702.03, 702.04, 703.01, 703.02, 703.03, 704, 705, 706, 707.01, 707.02, 707.03, 708, 709.01, 709.02, 709.03, 70.0, 710.02 711, 712, 713, and 714; and that part of census tract 701.03 included in block groups I and 3; and that part ofcensus tract 701.05 Included in block groups 6, 7, 8, and 9; and that part ofHarris County included in census tracts 370, 371.01, 371.02, 372, 373.01, 373.02, 373.03, 373.04, 374, and 375; 68th LEGIS-2nd CALLED SESSION CH 28, SEC. I-1 (6) District No. 6 is composed of that part of Harris County included in census tracts 222.01, 240.01, 240.03, 406, 4070!. 40Z02, 408, 409, 410, 411, 412.01, 412.02, 413.01, 413.02, 413.03, 414.01, 416.01, 416.02, 416.03, 416.04, 416.05, 41ZOI, 41702, 418.01, 418.02, 419.01, 419.02, 419.03, 419.04, 419.05, 419.06, 420.01, 420.02, 420.03, 421, 422.01, 422.02, 422.03, 422.04, 423.01, 423.02, 423.03, 423.04, 423.05, 423.06, 423.07, 424.01, 424.02, 424.03, 424.04, 425.01, 425.02, 425.03, 425.04, 426.01, 426.02, 42701, 428.01, 428.02, 429, 430.01, 431, 433, 434.01, 434.02, 435.01, 435.02, 436.01, 43o.02, 436.03, 437.01, 437.02, 438.01, 438.02, 438.03, 438.04, 438.05, 438.06, 439.01, 439.02, 440.01, 440.02, 440.03, 440.04, 440.05, 440.06, 441.01, 441.02, 442.01, 442.02, 442.03, 442.04, 443.01, 443.02, 443.03, 443.04, 443.05, 443.06, 444.01, 444.02, 444.03, 444.04, 445.01, 445.02, 446.01, 446.02. 446.03, 44701, 44702, 447.03, 448, 449, 450, 451.0), 451.02, 452.01, 452.02, 51701, 51702, 517.03, 51704, 51705, 518.01, 519.01, 519.03, 522.0), 522.02, 525.01, 526.01, 526.02, 526.03, 526.04, 52701, 52702, 52703, 528, 529.01, 529.02, 530.01, 530.03, 531.02, 532.01, 532.02, 533.01, 533.02, 533.03, 534.01, 534.02, 536.01, 536.02, 53701, 53702, 53&01, 53&02, 539, 540.01, 540.02, 541, 542.01, 542.02, 543, 544, 545.01, 545.02, 546, 547, 548, 549, 550, 551.01, 551.02, 552, 553, 554, 555.01, 555.02, 556.01, 556.02, 557, and 558. 02; (7) District No. 7 is composed of Chambers, Galveston, Liberty, and Orange counties; and that part of Harris County included in census tracts 228.01, 228.02, 229, 230.01, 230.02, 230.03, 230.04, 231, 232, 232.99, 233, 233.99, 234, 235, 236, 237, 254, 255, 256, 257, 258, 259.01, 259.02, 260, 261, 262, 263, 264, 265, 266, 26701, 26702, 26703, 268, 269.01, 269.02, 270, 271, 272, 273, 273.99, 274, 275, 322.02, 322.03, 322.04, 324.01, 324.03, 324.04, 326, 344, 345.01, 345.02, 346, 34701, 34702, 34703, 34704, 349.01, 349.02, 350.02, 350.03, 350.04, 351, 352, 353.01, 353.02, 354, 355.01, 355.02, 356.01, 356.02, 356.03, 356.04, 35701, 35702, 35703, 358.01, 358.02, 359.01, 359.02, 360.01, 360.02, 360.03, 360.04, 361. 361.99, 362, 363, 364, 364.99, 365.01, 365.02, 365.03, 366.01, 366.02, 367, 367.99, 368.01, 368.02, and 369; and that part of Jefferson County included in census tracts 1.03, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13.01, 13.02, 13.03, 14, 15, 16, 17, 18, 18. 99, 19, 20, 21, 22, 23, 24, 25, 26, 51, 51.99, 52, S3, 54, 55. 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 66.99, 67, 68, 69, 70, 71, 101, 102, 103, 104, 105, 106, 107, 108, 108.99, 109, 110.01, 110.02, 111.01, 111.02, 1)2, 112.99, 113, 115, 116, and 116.99; and that part of census tract 3.01 included in blocks 114, 115, 116, 117 119, 120, 129, 130, and 131; and that part of census tract 3.02 included in block group 2; and that part ofcensus tract 3.03 included in block groups 3 and 4; and that part of census tract 3.04 included in block group 5, and blocks 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 865, and 866; and that part of census tract 1)4 included in enurn 2ration district 452, and blocks 927, 928, 929, 930, 931, 932, 935, 936, 937, 938, 941, 942, 946, 947, 948, and 949; (8) District No. 8 is composed of Angelina, Bowie, Camp, Cass, Franklin, Gregg, Hardin, Harrison, Jasper, Marion, Morris, Nacogdoches, Newton, Panola, Polk, Red River, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Titus, Trinity, Tyler, and Walker counties," and that part of Harris County included in census tracts 238, 241.01, 241.02, 241.03, 242, 243, 244.01, 244.02, 245.01, 245.02, 246, 247, 248, 249.01, 249.02, 249.03, 250, 251, 252, 253, 535, 558.01, 559.01, and 559.02; and that part ofJefferson County included in census tracts 1.01, 1.02, and 2; and that part of census tract 3.01 included in block group 9, and blocks 101, 103, 104, 106, 107, 108. 109, 110, 111, 112, and 113; and that part of census tract 3.02 included in block gronp 9; and that part of census tract 3.03 included in block group 8; and that part ofcensus tract 3.04 included in block group 7, and blocks 615, 616, 617, 618, 619, 802, 803, 804, 805, 806, 807, 808, 810, 812 and 835; and that part of census tract 114 included in enumeration districts 450, 451, and 454, and block group 1, and blocks 901, 902, 903, 904, 905, 906, 907, 908, 911, 912, 913, 914, 915, 916, 918, 919, 920, 921, and 923; and that part of Montgomery County included in census tracts 901.01, 901.02, 901.03, 902.01, 902.02, 905, 906.01, 906.02, 906.03, 907.01, 90702, 90703, 908.01, 908.02, 908.03, 909, 910, 911.01, 911.02, and 912.02; and that part of census tract 902.03 included in block group 1, and blocks 202 204, 206, 208, 209, and 210; (9) District No. 9 is composed of Anderson, Cherokee, Delta, Ellis, Falls, Fannin, Freestone, Grimes, Henderson, Hopkins, Houston, Hunt, Kaufman, Lamar, Leon, Limestone, McLennan, Madison, Navarro, Rains, Rockwall, Smith, Upshur, Van Zandt, and Wood counties,; and that part of Montgomery County included in census tract. 902.04, 902.05, 902.06, 902.07, 903.01, 903.02, 904, and 912.01; and that part of census tract 902.03 included in block group 3, and blocks 201, 203, 205, 207, 211, 212, 213, 214, 215, 216, 217, 218, 219 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, and 230; (10) District No. 10 is composed of Bastrop, Bell, Blanco, Brazos, Burleson, Burnet, Caldwell, Hays, Lampasas, Lee, Llano, Milam, Robertson, San Saba, Travis, and Williamson counties; (11) District No. 11 is composed of Denton, Grayson, Parker and Wise counties; and that part of Collin County included in census tracts 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, and 313.01; and that part of Tarrant County included in census tracts 1001.01, 1001.02, 1002.01, 1002.02, 1003, 1004, 1005.01, 1005.02, 1006.01, 1006.02, 1007, 1008, 1009, 1010, 10)), CH n8, SEC. I-111 68th LEGIS-2nd CALLED SESSION 1012.0), 1012.02, 1013.02, 10)4.01, 10)4.02, 10)4.03, 1015, 1016, 1017, 1018, 1019, 1020, 1021 1022.01, 1022.02, 1023.01, 1023.02, 1024.01, 1024.02, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036.01, 1036.02, 1037.01, 1037.02, 1038, 1039, 1040, 1041, 1042.01, 1042.02, 1043, 1044, 1045.01, 1045.02, 1045.03, 1046.01, 1046.02, 1046.03, 1046.04, 1046.05, 1047, 1048.01, 1048.02, 1049, 1050.01, 1050.04, 1051, 1052, 1053, 1054.01, 1054.03, 1054.04, 1055.01, 1055.02, 1055.03, 1055.04, 1056, 1057.01, 1057.02, 1058, 1059, 1060.01, 1060.02, 1060.03, 1061.01, 1061.02, 1062.01, 1062.02, 1063, 1066, 1067, 1101.01, 1101.02, 1102.01, 1102.02, 1103, 1104.01, 1104.02, 1105, 1106.01, 1106.02, 1107.01, 1107.02, 1108.01, 1108.02, 1108.03, 1109.01, 1109.02, 1100, 11)0.03, 1)10.04, 111.O1, 1111.02, 1112.01, 1112.02, 1113.01, 1113.02, 1114, 1115.03, 1115.04, 1115.08, 1132.05, 1132.06, 1133.01, 1133.02, 1136.03, 1138.02, 1139, 1140.01, 1140.02, 1141, 1142.01, and 1142.02; and that part of census tract 1132.0. Included in block groups 1, 2, 3. 4, 5, and 6: and that part of census tract 1137.0) include-i in block groups 1, 3, 4, 5, and 6; and that part of census tract 1138.01 included in block groups S and 4; (12) DistrictNo. 12 is composed of thatpart of Collin County included in census tracts 313.02, 314, 315, 316.01, 316.02, 316.03, 316.04, 316.05, 316.06, 316.07, 317, 318.01, 318.02, 318.03, 319, 320.01, and 320.02; and that part of Dallas County included in census tracts 71.01, 73.01, 73.02, 74, 75.01, 75.02, 76.01, 76.02. 76.03, 76.04, 78.04, 78.05, 78.07, 79.05, 94, 95, 96.03, 96.04, 96.05, 96.06, 96.07, 96.08, 96.09, 97.0), 97.02, 98.01, 99, 126, 129, 130.02, 130.03, 130.04, 131.01, 131.02, 131.03, 132, 133, 134.01, 134.02, 135, 136.01, 136.04, 136.05, 136.06, 136.07, 136.08, 136.09, 136.10, 137.01, 137.02, 137.04, 137.05, 137.06, 137.07, 137.08, 138.01, 138.02, 139, 140.01, 140.02, 141.01, 141.02, 141.03, 141.04, 142, 143.01, 143.02, 143.03, 143.04, 144.01, 144.02, 145, 146, 147, 149, 150, 151, 152.01, 152.02, 181.05, 181.06, 181.07, 181.08, 181.09, 181.11, 181.12, 183, 184.01, 184.02, 184.03, 185.01, 185.02, 186, 188.01, 189, 190.03, 190.04, 190.06, 190.07, 190.08, 190.09, 190.10, 190.11, 190.12, 190.13, 190.14, 190.15, 191, 192.01, 192.02, 192.03, 192.04, 192.05, 192.06, 192.07, 193.01, 193.02, 194, 195.01, 195.02, 196, 197, and 198; and that part of census tract 78.06 included in block 1; and that part of census tract 128 included in blocks 1, 2, 5, 6, 7, and 8; and that part of TarrantCounty included in census tracts 1013.01, 1064, 1065.01, 1065.02, 1065.03, 1065.04, 1065.05, 1115.05, 1115.06, 1115.07, 1115.09, 1115.10, 1130, 1131, 1132.04. 1134.03, 1)34,04. 1134.05, 1134.06, 1135.03, 1135.04, 1135.05, 1135.06, 1136.04, 1136.05, 1136.06, 1136.07, 1136.08, 1137.02, 1216.01, 1216.04, 1216.05, 1216.06, 1216.07, 1217.0), 1217.02, 1218, 1219.01, 1219.02, 1220, 1221, 1222, 1223, 1224, 1225 1226, 1227, 1228, and 1229; and thatpart of census tract 1132.03 included in block group 7; and that part of census tract 1137.01 included in block group 2; and that part of census tract 1138.0) includedin block groups I and 2; (13) DistrictNo. 13 is composed of that part of Dallas County included in census tracts 1, 2.01, 2.02, 3, 4.01, 4.02, 4.03, 5, 6.01, 6.03, 6.04, 7.01, 7.02, 8, 9, 10, 11.01, 11.02, 12, 13.01, 13.02, 14, 15.01, 15.02, 16, 17.01, 17.02, 18, 19, 20, 21, 22.01, 22.02, 23, 24, 25, 26, 27.0), 27.02, 28, 29, 30 31.01, 31.02, 32.01, 32.02, 33, 34, 35, 36, 37. 38, 39.01, 39.02, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, ja 51, 52, 53, 54, 55, 56, 57, 59.01, 59.02, 60.01, 60.02, 61, 62, 63.01, 63.02, 64, 65, 67, 68, 69, 71.02, 72, 77, 78.01, 78.08, 78.09, 79.02, 79.03, 79.04, 80, 81, 82, 83, 84, 85, 86.01, 86.02, 87.01, 87.03, 87.04, 87.05, 88.01, 88.02, 89, 90.01, 90.02, 91.01, 91.02, 92.01, 92.02, 93.01, 93.03, 93.04, 98.02, 100, 101, 102, 103, 104, 105, 106, 107, 108.01, 108.02, 108.03, 109, 110.01, 1)0.02, 111.01, 111.02, 112, 113, 114.01, 114.02, 115, 116.01, 116.02, 117, 118, 119, 120, 121, 122.02, 122.03, 122.04, 122.05, 123, 124, 125, 127. 148.01, 148.02, 153.01, 153.02, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165.01, 165.02, 165.03. 165.05, 165.06, 165.07, 166.01, 166.02, 166.03, 166.04, 167.01, 167.02, 168, 1691, 169.02, 169.03, 169.04, 170, 171, 172, 173.01, 173.02, 174, 175, 176.01, 176.02, 177, 178.01, 178.03, 178.04, 178.05, 179, 180, 181.04, 181.10, 181.13, 181.14, 181.15, 182.01, 182.02, 187, 188.02, and 199; and that part of census tract 78.06 includedin block 2; and that part of census tract 128 includedin block groups 3 and 4; (14) District No. 14 is composed of Archer, Baylor, Bosque. Brown, Callahan, Childress, Clay, Coke, Coleman, Comanche, Concho, Cooke, Coryell, Cottle, Eastland, Erath, Fisher, Foard, Glasscock, Hamilton, Hardeman, Haskell Hill, Hood, rion, Jack, Johnson, Jones, King, Knox, McCulloch, Menard, Midland, Mills, Montague, Nolan, Palo Pinto, Runnels Shackelford, Somervell, Stephens, Sterling, Stonewall, Taylor, Throckmorton, Tom Green, Wichita, Wilbarger, and Young counties;and (15) District No. 15 is composed of Andrews, Armstrong, Bailey, Borden, Briscoe, Carson, Castro, Cochran, Collingsworth, Crane, Crosby, Dallam. Dawson, Deaf Smith, Dickens, Donley, Ector, Floyd, Gaines, Garza, Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Howard, Hutchinson, Kent, Lamb, Lipscomb, Lubbock, Lynn, Martin, Mitchell, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Scurry, Sherman, Swisher, Terry, Wheeler, and Yoakum counties. (c) It is the intention of the Texas Legislature that if any county, census tract, block, or other geographicareahas erroneously been left out of this section, any court reviewing this section should 06 LEGIS-2d CALLED SESSION CH 28, SEC. I-112 include that area in the appropriate district as accomplished by the Supreme Court of Texas in Smith v.Patterson, 11) Texy 535, 242 S. W 749 (1922). SECTION 2. Section 11.22, Education Code, is amended to read as follows: Sec. 11.22. MEMBERSHIP. (a) Members of the State Board of Education shall be elected at biennial general elections held in compliance with the general election laws of this state [I to the _s_411e w #4lh beseme 'ee Rten 34 of that ye ]. (b) No person shall be eligible for election to or serve on the board if he holds an office with the State of Texas or any political subdivision thereof [ or held. emple'meMN with f veeim any e frmewes fira the state or y tehleeI e hee *,irneement geysroment eet or tenae n erale benefimts bie e by.we the etaSate ef aetl'A]. oer the fedel (c) No person shall be elected from or serve in a district who is not a bona fide resident thereof with one year's ['e yeare-] continuous residence prior to his election. No person shall be eligible for election or appointment to or service on the board unless he is a citizen of the United States, a qualified voter of his district, and is 30 years of age or older. (d) [(e] Candidates shall be nominated and elected in the manner provided in the Texas Election Code for nomination and election of district officers generally, except as otherwise provided in the Election Code or in this code. (e) [*] It shall be unlawful for any person, group of persons, organization, or corporation engaged in manufacturing, shipping, selling, storing, advertising textbooks-or in any other manner connected with the textbk business--to make a financial contribution to, or take part in, directly or indirectly, the campaign of any person seeking election to the State Board of Education. It shall likewise be unlawful for anyone interested in selling bonds of any ty whatsoever to make a financial contribution to or take part in, directly or indirectly, the campaign of any person seeking election to the board. Anyone convicted of violating the provisions of this subsection shall be punished as prescribed by the penal laws of this state. U) (h.] At the general eleete iIn 407 and at] each general election [thereafkl] immelately following a decennial reapportionment of [e oss ] districts, one member shall be elected to the board from each [e] district. Except as provided in Subsection (g) [] of this section, members o the ard serve staggered terms offour [Ws] years with the terms of eight [onethird] of the members expiring on January1 eeember 3U1] of one odd-numbered [oaeh -a'.- . sr.] year and the terms ofseven of the members expiring on January1 of the next odd-numberedyear. (g) 4)] Seven [n ] of the members of the board elected [in 40U and] at each general election following a decennial reapportionment of [engseal] districts shall serve for terms of two years, [net hird for few' yeam] and eight shall serve [ene/thid] for terms o four [alk] years. Members shall draw lots to determine which shall serve for terms of two and f;] four [; end s#in] years. [if the tewtalnipser of mebes ANN e b three results to a remeindeor of en one edditlenel eae term shll bee by let If the to mbe of mebA 4~ db thrersuls in * remwander of two, one additional sin/year term moe dditen6lfe /ye-r term she be iled by let-] (h) [*] Each member of the board shall take the official oath of office, and shall be bonded in the amount of $10,000, in the manner prescribed in Chapter 383, Acts of the 56th Legislature, Regular Session, 1959 (Article 6003b, Vernon's Texas Civil Statutes). (i) [+))] In case of resignation or death of a board member, or in case a position on the board otherwise becomes vacant, the board shall fill such vacancy as soon as possible by appointment of a qualified person from the affected district. The appointee shall hold office only until his successor is duly elected for the remainder of the unexpired term at the next general election and has qualified by taking the required oath and filing the required bond or until expiration of the term of office to which he has been appointed, whichever occurs first. (0)[+)] A vacancy that occurs at a time when it is impossible to place the name of a candidate for the unexpired term on the general election ballot shall be filled by appointment, as specified in Subsection (i) [(kf] of this section. (k) [*m] Members of the board shall receive no salary but shall be reimbursed for all expenses incurred in attending meetings of the board or incident to any judicial action taken because of appeal from a board order. (1) A person who is required to register as a lobbyist under Chapter 422, Acts of the 63rd Legislature, Regular Session, 1973 (Article 6252-9c, Vernon's Texas Civil Statutes), by virtue of his activitiesfor compensation in or on behalf of a profession related to the operation of the board, may not serve as a member of the board c:- act as the generalcounsel to the board. (m) Appointments to vacancies on the board shall be made without regard to the race, creed, sex, religion, and nationaloriginof the appointees. CK lks SEC. I-as GM LEGIS-2nd CALLED SESSION __ TION & Section 11 .23(c), Education Code, is repealed. UNCION 4. (a) The current State Board of Education is abolished, and the governor shall appoint a transitmal board In acordance with this section. b) The Legislative Education Board shall submit to the governor the names of three persons from each of the 15 districts entitled to representation on the State Board of Education under Sction 11.21, Education Code, as amended by this Act. Each nominee must have been a resident of the area encompassed by the district for which he or she is nominated for one year immediately preceding nomination. Section 11.22(b), Education Code, as amended by this Act, does not apply to a person appointed under this section. The governor, with the advice and om t of Tie senate, shall appoint one of the nominees from each district to the State Board of Education. The Legislative Education Board shall make those nominations and the governor shall make those appointments as soon as possible after this article takes effect. Nominations and appointments shall be made without regard to the race, creed, sex, religion, and national origin of the nominees or appointees. (c) The terms of the governor's appointees under this section expire January 1, 1989. Fifteen members shall be elected to the State Board of Education at the general election in 1988. Seven of the members elected at that election serve two-year terms expiring January 1, 1991, and eilht members serve four-year terms expiring January 1, 1993. Members shall draw lots to determine which serve for terms of two and four years. Thereafter, members serve for terms as provided by Sections 11.22(0 and (g), Education Code, as amended by this Act. (d) The terms of office of members of the State Board of Education serving on the effective date of this article expire on the date of the first meeting of the appointed board provided for by this section. The chairman of the appointed board, designated by the governor, shall call that meeting as soon as possible after the governor has appointed all members of the board and the members have qualified. (e) The transitional State Board of Education appointed under this section has all the powers and duties given by law to the State Board of Education. The appointment of the transitional board does not affect the validity of any action taken by or pursuant to the direction of the prior board. Rules adopted by the prior board remain in effect until superseded by rules of the transitional board or a subsequent elected board. (?)For the 19S4 elections, a state, local, or party official is not required to take any action (including issuing certificates of election, canvassing returns, or tabulating results) in regard to the election of a member of the State Board of Education if the terms of office of the elected board expire under this section before the official would otherwise take the action, and for that purpose, the elective office is considered to have not existed. SECTION 5. Subdivision l(a), Section 61c, Texas Election Code (Article 6.05c, Vernon's Texas Election Code), is amended to read as follows: (a) Whenever there are to appear on the ballot for any general, special, or primary election, two or more office titles of offices which are regularly filled at the general election provided for in Section 9 of this code (Article 2.01, Vernon's Texas Election Code), they shall be listed on the ballot in the following relative order: Federal offices: President and Vice President United States Senator Congressman-at-Large United States Representative (district office) State offices: (1) Statewide offices Governor Lieutenant Governor Attorney General Comptroller of Public Accounts State Treasurer Commissioner of General Land Office Commissioner of Agriculture Railroad Commissioner Chief Justice, Supreme Court Justice, Supreme Court Presiding Judge, Court of Criminal Appeals Judge, Court of Criminal Appeals (2) District offices Oft LWIS-.bd CALLED MION CH A11SEC. I.C2 Member, State Brd ofZdmeon Stato lsmator 9t181 Representative ChiWu0 Court of Appeals Assiate Justice, Court of Appeal. Distriot Judso Crimainal District Judge District Attorney Obsinal District Attorney (3) County d e County Judge Judge, County Court-at-Law Judo%, County Criminal Court Judge County Probate Court County Attorney District Clerk District and County Clerk county Clerk Sheriff Sheriff and Tax Assessor-Collector County Tax Assessor-Collector County Treasurer County School Superintendent County School Trustee (county with population of two million or more, according to the most recent federal cenus) County Surveyor Inspector of Hides and Animals (4) Precinct officas County Commissioner Justice of the Pa Constable Public Weigher. The headinp "federal offices" and "state offices" and the subheadings under "state offices" shall not be printed on the ballot. EICTION 6. Notwithstanding any other sections to the contrary, should any provision of this part be declared unlawful or violative of 42 U.S.C.A. 1971, et seq., the legislature is hereby authorized to redraw the district lines to comply with the appropriate federal law in accordance with the Texas Constitution. PART C. POWERS AND DUTIES OF STATE BOARD OF EDUCATION; COMMISSIONER SETION 1. Section 1.04(c), Education Code, is amended to read as follows: (c) Any educational institution supported either wholly or in part by state tax funds shall, if undertaking to provide educational services to any individual within the jurisdiction or geographical boundaries of the educational institution, provide equal educational opportunities to all individuals within its jurisdiction or geographical boundaries pursuant to the provisions of this code and pursuant to the provisions of regulations promulgated by the State Board of Education [Qe l duael Aoeme to give efect to the intent of the legislature in its enactment of this code. No individual otherwise eligible for educational services through an educational institution supported either wholly or in part by state tax funds may deny services to any handicapped student as defined in Section 21.503 [ A ] of this code, but the educational institution shall instead be obligated to provide handicapped individuals such special educational services as might from time to time be authorized by law or, where expressly authorized, to assist In and contribute toward the provision of appropriate special educational services in cooperation with other educational institutions and other appropriate agencies, institutions, or departments. E1rTION 2 Sections 11.10(p), (q), and (r), Education Code, are amended to read as follows: (p) The State Board of Education [GenQtee fdueale. Ageney] shall apportion the state into not more than eight nor less than five areasch furnishing a regional day school program Cat ,iM. I.0C GM LEGIS-2ad CALLED SESSION for the deaf. Geographic area of each regional day school program for the deaf may be revised by the State kar1@ Education [wsem=a "dtlese Agen,] for betterment of education for the deaf. Activities of a regional day school program for the deaf may be conducted on more than one site. (q) It is the intent of the legislature that local resources be utilized to the fullest practicable extent in the establishment and operation of the regional day school programs for the deaf. The Central Education Agency is authorized and expected to contract with any qualified public or private organization or qualified individuals for diagnostic, evaluation and instructional services or any other services incidental to the education of deaf children, including transportation and/or maintenance. The Central Education Agency shall employ educational and other personnel, may purchase or lease real or personal property, may accept gifts or grants of real or personal property or services from any source, public or private, including independent school districts and any institution of higher learning in this state, for the purpose of establishing and operating regional day school programs for the deaf. The State Board of Education [Gentri 6doesien Aga]na may provide by rule or regulation that upon establishment of each regional school the countywide school(s) in that region shall become a part of the regional school operation and that all equipment, classroom supplies, and other personal property owned by the countywide schools shall become the property of the regional day school. When any such programs are combined, the directors and employees of the former countywide schools shall be employed in appropriate, substantially similar capacities within the regional day school program for that region. (r) Except for certain transportation costs, costs of operation of the regional day school programs for the deaf shall be borne by the state and paid from the Foundation School Program Fund. Such costs shall be considered and included by the Foundation School Fund Budget Committee in estimating the needs for purposes of the Foundation School Program and the regional day school programs for the deaf. However, funds allocated to countywide schools shall remain so allocated except in those regions in which the countywide pro ram has been made a part of the appropriate region, as aforesaid. [4wede epeeial' pte school disWt 6adalinof e d ha i lern in ae e r se ofhie Whieblvew ~ ov ~ ~ OA . fEeuletin Uss e ncia cos ofecan dpef chilenshe Ae 9p" 6h. fve born bthste, fundft hN4wome, indeeen ud s nMW be udwd i eit nRs -------- e t e te Wouned encoragd t m in al e va i en f t sra felorstaffongproertfnd J 1.,e fro o rIe tade.id The f ncoprto wty Geonlei h While thedeelpmn. rincipal heshol cost of educati deaf itrctinwic children aycho argina shall be bore by the is loce shalel diste, independent ear the eIsto school dlstrlcta and all institutions 'of higher learning in the state are herey authorized and encouraged to make available real or personal property or services in copration with the regional day school programs for the def for any activities related to education and betterment of education of deaf children including but not limited torcarch and personnel training and development. The school district in which a regional day school is located shall bear the costs of transporting students in the program who live within the district and is entitled to have those stud ents counted in its allotment of transportation funds from the state. The regional day school program shall bear the costs of transporting children who live outside the district to the regional day school. It is the in tent of the legislature in enacting this subsection that the use of all of the educational resources of this state be maximized to carry out the intent and objectives of this Act. SECION 3. Section 11.12, Education Code, is amended to read as follows: Sec. 11.12. INVOLVEMENT WITH SCHOOL BUS REGULATIONS. The State Board of Education [Getsal ritdeetien Ag and the State Purchasing and General Services ]ey] Commission [emwd of GntreI], by and with the advice of the director of the Department of Public Safety, shall have joint and complete responsibility to adopt and enforce regulations governing the design, color, lighting and other equipment, construction, and operation of all school buses for the transportation of school children when owned and operated by any school district or privately owned and operated under contract with any school district in this state, and the regulations shall by reference be made a part of any such contract with a school district. The State Purchasingand General Services Commission [Bowd of Gentre] shall coordinate and correlate all specification data and[] finalize and issue the specification so adopted as provided for by Article 3, State Purchasingand General Services Act (Article 601b, Vernon's Texas Civil Statutes) Sen 44; ete . n4 A of re44-ts ep I sis hl 4be patelen64at I ..... n0e ew 6ee 61sm laues). In the rgltos e-mpliasis -shall be placed on safety Oft LISIS-2nd CALLED SESSION CH 28, SEC. 1-0S (Mturm and ieq-rang, maintenance-free factors, and requining that all school buses shall be I~ on competitive bids as provided by Section 21.165 of this code [,oob. bohad * M e]~ . Every school district, its officers, employees, and every person employed under contract by a school district shall be subject to these regulations. The State Purchasing and oJnerlSrvices Commission [Oftd of ]enVelJ shall purchase equipment to conform to these standards. SWTION 4. Sections 11.17(b) and (c), Education Code, are amended to read as follows: (b) The State Board of Education (*geeyl shall adopt [make] rules [endl segssatien] governing the conduct of and participation in the institutes. (c) Profesional and paraprofessional public school personnel who participate in the bilingual education training institutes shall be reimbursed for expenses incurred as a result of their participation in accordance with rules [end eguilot4en adopted by the State Board of Education [,,eny]. SECTION 5. Section 11.18(c), Education Code, is amended to read as follows: (c) Adult education programs shall be provided by public school districts, public junior colleges, and public universities approved in accordance with state statute and the regulations and standards adopted [for]muedQ by the State Board of Education ([entveI dues"tie" Ageney]. The programs shall be designed to meet the education and training needs of adults to the extent possible within available public and private resources. Bilingual education may be the method of instruction for students who do not function satisfactorily in English whenever it is appropriate for their optimum development. SECTION 6. Section 11.23, Education Code, is amended by adding Subsection (e) to read as follows: (e) The board may not elect officers by slate, but must take a separate vote to fill each position. A person who serves two consecutive terms as chairman is ineligible to again serve as chairman until four years have elapsed since the expiration of the second term. SECTION 7. Section 11.25, Education Code, is amended to read as follows: Sec. 1'.25. POWERS AND DUTIES RELATED TO COMMISSIONER OF EDUCA- TION la) The state commissioner of education shall be the executive officer through whom the State board of Education shall carry out its policies and enforce its rules and regulations. (b) The State Board of Education shall have power to review the commissioner's application of the board's [pw n appeals f 'omdeesions made by the eemm"isgeme in applying mo] rules and regulations. (c) The State Board of Education shall appoint [Tby and v4tl the eeneent of the eas Senate end a4t iin&Wee-s f t the !Setiog - o ti eede,] the state commissioner of education to serve at the will of the board [few a period of few yeas, egn g e ed endin My 4 end mey seappeint him f us.eees'e terme of ewe et selev te set by the beasdl. [ %eh."ds"h e power t emve the eo e ene, fo eewietie of a ftme let i n metes totheopeaton othe eGe aldueet -and the pubbe seheoel systm 4w a sveoney eeete by reman of veeignatisn death, or removal, the beard S~PeINt as niew emieuens fo-teMesi~dte ose eig eemnmissioner to at4ethe ds eetm fCow a total eeneeutive tesm of net moe then one yeav.] (d) [*] On recommendation of the commissioner of education, the State Board of Education may authorize the commissioner to appoint as many official commissions composed of citizens of the state as are necessary to advise the commissioner of education in the discharge of his duties. A member of such a commission shall not receive any pay for his services on a commission other than reimbursement for actual expenses incurred. Necessary expenses for the operation of such commissions shall be included in the appropriate operating budget of the Central Education Agency and shall be subject to the same budget controls applied to all other items in the budget. SECTION 8.Section 11.26, Education Code, is amended to read as follows: Sec. 11.26. POWERS AND DUTIES RELATED TO EDUCATIONAL NEEDS OF THE STATE. (a) The State Board of Education is the primary policy-making body for public education and directs the public school system in accordance with law. (b) The board shall review periodically the educational needs of the state, establish goals for the public school system, and adopt and [or] promotefour-year plans for meeting these needs and goal Prior to each regular legislative session, the board shall [; nd] evaluate the achievements of CH ^ I 14 Oft LEGIS--d CALLED SESSION the ofteaioa 10105ram in relationshipto the currentfour-yearplan and reportthat evaluation to the mwen dawoletuui. (Wi With the avY and mistance of the state commissioner of education, the State Board of ducation shall: (1) formulate and present to the governor and Legislative Budget Board the proposed budget or budgets for operating the Foundation School Program, the Central Education A4ency, and the other programs for which it has responsibility; (2) adopt operating budgets on the basis of appropriation by the legislature; (3) establish procedures for budgetary control, expending, auditing, and reporting on expenditures within the budgets adopted; (4) make to the legislature biennial reports covering all the activities and expenditures of the Central Education Agency; (5) adopt rules [ateiaeblis agu tn] for the accreditation of schools; (6) execute contracts for the purchase of instructional aids, including textbooks, within the limits of authority granted by the legislature; (7) execute contracts for the investment of the permanent school fund, within the limits of authority granted by Chapter IS of this code; (8) adopt ] rules consistent with Chapter13 of this code [and egaltien] for I.s certification of teacher administrato and otherprofessionalpersonnelcustomarily employed in public schoo [end 1in tn eee@t o teaehi in the pubhe sehe of thi (9) consider the athletic necessities and activities of the public schools of Texas and in advance of each regular session of the legislature specifically report to the governor of Texas the proper and lawful division of time and money to be devoted to athletics, holidays, legal and otherwise, and to educational purposes; and (10) on or before May 15 of each year, formulate and transmit to the Advisory Council on Technical-Vocational Education a list of evaluation topics that address developing and future concerns of the board in the field of technical-vocational education. (d) [fty] The State Board of Education shall not adopt any policy, rule, regulation, or other plan which would require any school district within the state, as a prerequisite for accreditation or other approval, to hire any supervisor or any guidance counselor. SECTION 9. Section 11.28(c), Education Code, is amended to read as follows: (c) Except as otherwise provided by this subsection, the State Board of Education [state er oedeeatie] shall appoint for each district a board of three trustees, who shall not be required to be residents of the district. For each military reservation independent school district the State Board of Education may Beemnlsloner] appoint a board of three or five trustees. Enlisted military personnel may be appointed to the school board; however, a majority of the trustees appoint for a military reservation district must be civilians and all may be civilians. The trustees shall be selected from a list of persons who are qualified under the general school laws of Texas and who live or are employed on the military reservation. The list shall be furnished by the commanding officer of the military reservation to the board [eemmlselenev of ealetl ]. The trustees so appointed shall hold office for two years and until their successors are appointed and qualified. SECTION 10. Section 11.51(b), Education Code, is amended to read as follows: (b) The state commissioner of education shall be a person of broad and professional educational experience, with special and recognized abilities of the highest order in organization, direction, and coordination of education systems and programs, and in administration and management of public schools and public education generally. The commissioner of education shall be a citizen of the United States [end sA he been a reeide-M of the State of -enea far * period of notleo A2'- n ) Eat iomediobey- --eeded ho ea aisfollows e shall poss al4 eheMetert he eligible for th Ie. dmi-tmae earileao urrnty ssedby the State I-epar'te-nt end s6have at least atma1e' dee fro a 1e1eeinstitution of highier learning: lHe shaog tale the eat* of efe rqirdo ehr tt ofell] SECTION 11. Section 12.63(b), Education Code, is amended to read as follows: tiLaam-a CALLED EhION CH A, SEC. I-CIS tb)ilus ~ic ~e te rqiultestditribuion, cae, use, and dissaofbksmyb *s~osmmiies- .6.deu , "6sbeta.b~ea .140w) State conlit wththe provisins of&code. t13. Ston 12,63(a), Education Code, is amended to read as follows: (a)Th dl*t.* shool trste may delegate, under such terms as they deem beat, to their mpossowrto requisition and distribute books and to manage books, but such delegations oauoity shaoll not he at variance with the provisions of this code or with the rules for fre tetekaujf fpa e by Glue ogsnpemme of Sdueasa md 1 wed by the UUCTION 18. Section 13.032(b), Education Code, is amended to read as follows: (b) In order to secure professional advice, the State Board of Education shall consider rIommmdtions of the Commission on Standards for the Teaching Profession, after a review by, and with the comments of, the state commissioner of education, in &Amatters overed by!this RJb. 66169 Beardi of HdAalIft sh" 19"M .. ~p* Irs --_-sented-_ the eemluues *ow thosg SECTION 14. Section 16.005, Education Code, is amended to read as follows: Sec. 16.005. ADMINISTRATION OF THE PROGRAM. The commissioner of education, in accordance with the rules [ p so ] of the State Board of Education, shall take such action and [1] require such reports [T amid mahe stk rosals d consistent with the terms of this chapter as may be necessary to implement and administer the Foundation School Program. SECTION 15. Sections 21.008(b) and (c), Education Code, are amended to read as follows: (b) The State Board of Education [Genteel 9dmetim Age ey] shall prepare a curriculum based on the operation of the schools on a two- or three-semester basis. The curriculum shall be so structured that material formerly covered in three three-month quarters is covered in two or three semesters. The curriculum for operation of the schools for three semesters shall be based on at lout 70-minute class periods. LE) ch [fe the W W eheel ye.,! a eheel diehet may opesmte seseele on eoamstes' bai or'on I etm ii aemesee with p4w lew, Nee the .O/4.I, sehea l yeat, ond -e a e e e-e.] district shall operate schools on a semester basis in accordance with this section. SECTION 14. Sections 21.111(a) and (b), Education Code, are amended to read as follows: (a) The board of trustees of any public free school district of this state, subject to rules and regulations of the State Board of Education [Gema Kd l A eo] heretofore and hereafter adopted, is hereby authorized and empowered to conduct and supervise vocational classes and other educational programs for students of all ages; and whenever it deems necessary to expend local maintenance funds for the cost thereof. (b) For purposes of conducting and/or supervision by the district of such vocational classes and other educational programs for students of any and all ages, said board of trustees is hereby authorized and empowered to purchase, acquire or lease real or personal property; to contract or enter into agreements with any department or agency of the United States or this state, subject to rules and regulations prescribed by the State Board of Education [e e Aoe] appertaining to such educational programs; and to contract or enter into agreements with any person, partnership, firm or corporation pertaining to the local operation and supervision of such programs by the district. SECIION 17. Sections 21.251(c) and (d), Education Code, are amended to read as follows: (c) Each teacher shall make a monthly report following the directives of either the county superintendent or the State Board of Education [eemmisslene of edueatleen]. The monthly reports must be approved by a majority of the board of trustees of the district and must be filed by the board of trustees with the county superintendent at the time vouchers for teachers' salaries are presented. (d) Each teacher shall, at the end of the school term, make such reports as may be prescribed by the State Board of Education (eoe mmn of edueateo]. Until such reports are made, the trustees shall not approve a voucher for the last month of the teacher's salary, nor shall the county treasurer pay the same. SECTION 18. Section 21.252, Education Code, is amended to read as follows: Sec. 21.252. REPORTS TO STATE BOARD [GOMMISSIGN 1. The State Board of Education [IeI_7ml W - - of eduetiesa shall require of judges acting as ex-officio county superintendents of public schools, of county, city, and town superintendents, of county and city 1 3.6 -c1 M 11 th LEGIS-2 CALLED SESSION Uese :and deosore and of treasurers and depositories of school boards, and of other *oel affi and teachers, such school reports relating to the school fund and to other school dlaiis as i [Me] may deem proper for ollecting information and advancing the interests of the public hools, sad shall famish the county, city, and town superintendents, treasurers, and doposltors, and other school officers and teachers for the use of such teachers and officers the ncssary blanks and form for making such reports and carrying out such instructions as may be required of them. Wf110ION It. Section 21.456(c), Education Code, Is amended to read as follows: (c)The maximum student-teacher ratio shall be set by the State Board ofEducation (egevie] shall reflect the special educational needs of students enrolled in the programs. UCTION 26. Section 21.903(b), Education Code, is amended to read as follows: (b) The funds or other property donated or the income therefrom may be expended by the tnistsis: (1) for any purpos designated by the donor so long as that purpose is in keeping with the lawful purposes of the schools for the benefit of which the donation was made; or (2) for any purpose authorized by rule of the State Board of Education [the eemmikeW edseaftm] in the event that no specific purpose is designated by the donor. SECTION 21. Section 23.29(b), Education Code, is amended to read as follows: (b) The sale must be authorized by a resolution adopted by majority vote of the tioard of trustees of the independent school district; and the sale and the terms thereof must be aiproved by the commissioner of education on the basis of criteria provided by rule of the State B oard of Education. SECTION 22. Section 23.48, Education Code, is amended by adding Subsection (d) to read as follows: (d) The State Board of Education shall require each district, as part of the report required by this section, to include management, cost accountin& and financial information in a form prescribed by the board and sufficient to enable the board to monitor the funding proecess and determine educational system costs by district, campux and program. The board shall make every effort to see that this information replaces current information being reported and does not become an additional reporting burden. SECTION 2,.Section 23.79(a), Education Code, is amended to read as follows: (a) The bank or banks selected as school depository or depositories in accordance with the terms and provisions of this Act, and the school district shall make and enter into a depository contract or contracts, bond or bonds, or such other necessary instruments setting forth the duties, responsibilities, and agreements pertaining to said depository, in a form and with the content prescribed by the State Board ofEducation [Genteldua s Ageeoe, attaching to the contract and incorporating in the contract by reference the bid of the depository, and said depository bank shall attach to said contract and file with the school district a bond in an initial amount equal to the estimated highest daily balance to be determined by the board of trustees of the district of all deposits which the school district will have in said depository during the term of the depository contract, less any applicable Federal Deposit Insurance Corporation insurance. Said bond shall be payable to the school district and shall be signed by said depository bank and by some surety company authorized to do business in the state. Tdepitory bank shall increase the amount of the bond if the board of trustees determines it to be necessary to adequately protect the funds of the school district deposited with the depository bank. SECTION 24. Section 5(a), Chapter 173, Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes), is amended to read as follows: (a) No person who is under the age of eighteen (I8),years shall drive any motor vehicle while in use as a school bus for the transportation of pupils to or from school. A person who is eighteen (18) years of age or older may not operate a vehicle as a school bus until he has been properly licensed to operate a school bus. It shall be unlawful for any person to be employed to drive a motor vehicle while in use as a school bus for the transportation of pupils who has not undergone a physical examination which reveals his physical and mental capabilities to safely operate a school bus. Such physical examinations shall be conducted annually for each driver. A pre-en loyment driver's license check shall have been made with the Texas Department of Public Safety prior to the employment and the person's driving record must be aceptable according to standards developed jointly by the State Board of Education [Genteel duean~ten Aee&] and the Texas Department of Public Safety. Effective at such date and under provisions as may be determined by the State Board of Education [Gentrel Aehtests Aesn '], the driver of a school bus shall have in his possession a certificate stating he is enrolled in, or has completed, a driver training course in school bus safety education that has been Oth LEGIS-2nd CALLED SESSION CH 28, SEC. I-D$ approved jointly by the State Board of Education [Gentral Ed= etio Age]ey and the Texas Department of Public Safety. The bus driving certificate shall remain valid for a period of three years. SECTION 25. This part does not affect rules adopted under prior law by the commissioner of education, and those rules remain in effect until superseded by rules of the State Board of Education adopted in accordance with the law as amended by this part. PART D. APPEALS FROM COMMISSIONER'S DECISIONS SECTION 1. Section 11.03(0, Education Code, is amended to read as follows: (f) Actions of the board may be appealed in writing to the commissioner of education, who, after due notice to the parties interested, shall hold a hearing and render a decision without cost to the parties involved, but nothing contained in this section shall deprive any party of any legal remedy. The decision of the commissioner may be appealed to a district court in Travis County [to the State Booe- of 4dfeetio in the menee p ovided fo appeal of indepee.d:se4ool diret setio]. SECTION 2. Section 11.061(0, Education Code, is amended to read as follows: (f) Actions of the board may be appealed in writing to the commissioner of education, who, after due notice to the parties interested, shall hold a hearing and render a decision without cost to the parties involved, but nothing contained in this section shall deprive any party of any legal remedy. The decision of the commissioner may be appealed to a district court in Travis County [to the State Board of Eld,.eation itt the manner peeeyided for appeal of iMdepeodeent sh itet metioe]. SECTION 3. Section 11.13, Education Code, is amended to read as follows: Sec. 11.13. APPEALS. (a) Persons having any matter of dispute among them arising under the school laws of Texas or any person aggrieved by the school laws of Texas or by actions or decisions of any board of trustees or board of education may appeal in writing to the commissioner of education, who, after due notice to the parties interested, shall hold a hearing and render a decision without cost to the parties involved, but nothing contained in this section shall deprive any party of any legal remedy. (b) Appeals by or on behalf of a student against a local school district shall be reviewed by the commissioner of education under a substantial evidence standard of review. [The dee"sioet of the eommieee of edtoeati : shal be sahjeet to eview by the State Boaed of B]u- - (c) Any person, county, or school district aggrieved by any action of the Central Education Agency or decision of the commissioner of education may appeal to a district court in Travis County, Texas. Appeals shall be made by serving the commissioner of education with citation issued and served in the manner provided by law for civil suits. The petition shall state the action or decision from which the appeal is taken [; ed if the appe is from em order of the State Board of doestio, 9hall aso set out the orter, o e evant portion theref. Upon trial the court shall determine all issues of law and fact. SECTION 4. Sections 13.046(b) and (c), Education Code, are amended to read as follows: (b) Before an, ,;ertificate shall be suspended or cancelled the holder shall be notified and shall have an opportur .ty to be heard. Any person whose certificate is suspended or cancelled by the state commissioner of education may [shal1a* the ight of] appeal to a district court in Travis County [the State Beaed of Edueatmto]. (c) The state commissioner of education has [shall have] 'he authority, upon the presentation of satisfactory evidence, to reinstate any teacher's certificate suspended or cancelled under the provisions of this section. On a refusal of the commissioner [sol to reinstate a certificate, the applicant may [she h~ the eight of] appeal to a district court in Travis County [the State Beaof9 d eationJ. SECTION 5. Sections 13.115(c) and (d), Education Code, are amended to read as follows: (c) Either party to an appeal to the commissioner shall have the right to appeal from his decision to a District Court in Travis County. [the State Boed of Fkleealio, a;eeording to the e e deres peeserihd by the State B of Edue tio.. The deeigi of the State d of Edueatieo shall be fial on all questoias of fet-, shall he sbjeeto to the deeisio of0th state boAeAd-- [f-- is riest .ppe ted in the eeeord by s=ibstantia ev'deneem; [ iis it.-' trary ob Iofees [ is in etor it the appl'=an-o" of mistinlow to the ts oftheeas. CH 21k SM ID5 6Sth LEGIS-2nd CALLED SESSION [(d ld di th *e dist"e e t shl be tke same a t eeecded ether eil easesiktb~e a lff mdeessut thedeeenofthe st eeu' tebe1subjeet the saMe aihts o PPealundo.'th Teows ikles of QGil Ps'eedte oGe erded otAhec e44l SECTION 6. Section 13.214(b), Education Code, is amended to read as follows: (b) In case in which [wheoe] the commission, or the panel thereof hearing the matter, recommends [@hall , m end] suspension or revocation of the certificate of any member, the commissioner of education may dismiss the complaint on the basis of the record certified to him, or may at the matter for hearing and disposition by the commissioner of education; and from his final decision in the matter, after hearing, an appeal may be taken [oho 4e]to a districtcourt in Tr'avis Coun 84oState Reari of Rdweaten e p~t ehat ed byteomplaint mayo appeal ofthiState" of Md Me to t dli" ee,. tf - e en of ceidiwoqTe %alalon appeal in the dlstsiet eeuct shal be eendeeted do e e. Isl SECTION 7. Section 19.005(c), Education Code, is amended to read as follows: (c) If the annexation is appealed to the commissioner of education and is approved, the transfer is effective on a date set by the commissioner that is not earlier than the 30th day after the date of the commissioner's decision in the appeal. If the decision of the commissioner is appealed to a district court in Travis County [theStat0 Boed of duatione, the transfer, if approved, is effective on a date set by the court [eod]. SECTION 8. Section 21.207(b), Education Code, is amended to read as follows: ) erpart ma appeal the commissioner's decision to a district court in Travis County of the State Cem-.-...-c of Bdueatlenj. SECTION 9. Sections 32.42(a), (c), and (d), Education Code, are amended to read as follows: (a The administrator'sdecision may be appealed to a District Court in Travis County [if the lee ofa the heain.h eoeffithe State the denia Boed ofof~ete a ee.'iteate of aproe', must . =': n Said-hocni the sapl elit May be cequest-ed. M;een 4 d of. ceet of notee of t of n The State Beed M0e ,' deeept I ft of the eaing-,h set a time and Viase fec sai ha ad sen neie to th eof tOw tme and aes deen e , tate _ tl, the at mWpe appear in plee tya ec)nUess by nendelbtsea pesntu ments to the State B e inadmni rsdeci mafthe, gc the f ert ee of apq e s]eifuedherein The d State b e;4 of peo e n s dl t ae m e Ze _1 he _a instrate en o the bas Btate m of Ediseatlen sho4h within ten 4&O) days of such hearing, issue an ade boplet enyinof a ectifteoteepdinaghl of faet the epediitatn of a p op ietary (d)t of the Uoeteeedmin fthe e lawsuitf cthatinlsat ecsre pnteadiitao h ok P -I--- i. therepn fdtiisrtheadmmtaorsalca ob (c) Unless stayed by the Com upon a showing of good cause, the administrator'sdecision may[Oer of the Ste, and if EdCeat n shall] not be superseded during the [wuek] reordif el: the ] [msta]e Geuitrs ind es opinkion the all eceriac theyf wlbeservc'e thatjustie eue peesedn t h out ra therebye. (d) Upon the filing of the sub lawsuit, citation shall be served upon the administrator[as agent f0 the StateBooed of ouretin]. Whereupon, the administrator shall cause to be made a complete record of all proceedings had before the administrator and befere the State Boed of vdoeatinand shall certify a copy of the [sueh] proceedings to the Court. Trial before the ortshall be upon the basis of the record made before the administrator [and the State Bo] o etin, and the Court shall make its decision based upon the [such] record. The administratorts decision [of the State Booed of sdueatien] shall be affirmed by the Court if the Court finds substantial evidence in the record to justify the decision [of the State Beald of thveatien], unless the Court finds the mauehnorder to be: (1) arbitrary and capricious, or (2) in violation of the Constitution or laws of the State of Texas, or (3) in violation of rules andi regulations promulgated by the State Board of Education pursuant to the provisions of tht: -wt. SECTION 10. Section 32.42(b), Education Code, is repealed. SECTION 11. This part app lies to a decision rendered by the commissioner of education on or after the effective date of this part. A decision rendered before the effective date of this part may be appealed to the State Board of Education in the manner provided by prior law, and the prior law is continued in effect for that purpose. 68th LEGIS-2nd CALLED SESSION CH 28, SEC. 11-2 PART E. TEXTBOOK ADOPTION SECTION 1. Section 12.1 1(e), Education Code, is amended to read as follows: (e) It shall be the duty of the textbook committee to recommend to the State Board of Education [memss. of ed]ee~e a complete list of textbooks which it approves for adoption at the various grade levels and in the various school subjects. The committee shall examine carefully all books submitted for adoption and shall prepare and publish for free distribution a list of its recommendations to the board [stt eemmissIes']. SECTION 2. Section 12.13, Education Code, is amended to read as follows: Sec. 12.13. ADOPTION BY STATE BOARD OF EDUCATION. By majority vote, the [Via] State Board of Education may remove books from the list submitted by the State Textbook Committee [emmisoiene of edweeien, but the board shall not place on the list any book not recommended by the committee [eemmiesem of edueatle], nor shall the board reduce to a single adoption any list for a specific grade or subject in which multiple adoption is recommended by the committee [eemmissione of edu -ee]. e SECTION 3. Section 12.34(k), Education Code, is amended to read as follows: (k) To insure that current material is always available to the schoolchildren of Texas and to enable the development of material in an orderly and efficient manner, the State Board of Education shall develop and implement a balanced adoption cycle for proclamation of needs for textbooks and other instructional materials. At a minimum, the adoption cycle shall: (1) extend over a period not to exceed six [l] years, determined by the State Board of Education to be the most beneficial and desirable time span to meet the textbook needs of Texas public schools; (2) be planned on the basis of a cost to the state of not less than $15 per scholastic population for the first year of the cycle and adjusted thereafter to account for increasing costs due to inflation of the economy; (3) be so arranged that the total cost of new adoptions shall be approximately equal for each year of the proposed cycle, except as adjusted for increasing costs and a growing scholastic population; (4) be all-inclusive of all subjects required by statute or by the State Board of Education to be used in the public school system of Texas during the period of time encompassed by the cycle; (5) be developed in such a manner that it will operate on a continuing basis so that providers of textbooks and other instructional materials shall be kept advised in advance of the subjects to be called for adoption each year; and (6) provide that except under emergency conditions deemed necessary by the State Board of Education, all changes or amendments in the cycle shall be made in such manner and at such time as to give notice of the change to the providers of textbooks and other instructional materials as far in advance as possible. SECTION 4. Section 12.12, Education Code, is repealed. PART F. TEXAS SCHOOL LAWS BULLETIN SECTION 1. Section 11.52(k), Education Code, is amended to read as follows: (k) The commissioner of education shall have a manual published at least once every two years that contains the text of this code and an appendix of all other state laws relating to education. The [ps'inied ' as fnt.. y e oe offpi e hl lws ai the] State Board of Education shal? [mey] determine the distribution ofthe manual. ARTICLE II. SCHOOL FINANCE SECTION 1. Section 16.004, Education Code, is amended to read as follows: See. 16.004. SCOPE OF PROGRAM. Under the Foundation School Program, a school district may receive state financial aid for 'miniwmi.] personnel salaries, current operating expenses, categoricalprograms [pregoni @Ad], and transportation services. The amount of state aid to each school district shall be based on the district's ability to support its public schools. SECTION 2. Subchapter A, Chapter 16, Education Code, is amended by adding Section 16.006 to read as follows: Sec. 16.006. A VERAGE DAILYATTENDANCE. In this chapter, average daily attendance is determined by the best four weeks of eight weeks ofattendance. The State Board ofEducation by rule shall prescribe the eight weeks for which attendance records must be maintained by all districts for this purpose, except that the records must be kept for four weeks of each regular semester. CH 2, SEC. U-3 68th LEGIS-2nd CALLED SESSION SECTION 3. Section 16.052, Education Code, is amended to read as follows: See. 16.052. OPERATION OF SC-IOOLS, INSER VICE AND PREPARATION. (a) Each school district must provide for not s than I4-M dy fe tieft far students nd not less tAn 40day efileroelnin e81peea -i. fer teaehees fee the Q S e y e nt less thn] 175 days of instruction for students and not less than eight days of insrvice trmining and preparation for teachers for each school year (thereefte], except as provided in Subsection (c) [*] of this section. b) Two preparation days must immediately recede the opening ofschoolsfor the regular term, and one preparation day must immediately follow the end of each semester. Teachers may not be required to participate in training or other activities outside the classroom on preparation days (c) The commissioner of education may approve the operation of schools for less than the number of days of instruction and inservice training and preparation otherwise required when disasters, floods, extreme weather conditions, fuel curtailments, or other calamities have caused the closing of the school. SECTION 4. Section 16.053, Education Code, is amended to read as follows: Sec. 16.053. ACCREDITATION. Each [rfl i -4th the WWWO wheel year eeeh] school district must be accredited by the Central Education Agency. SECTION S. Section 16.056, Education Code, is amended to read as follows: Sec. 16.056. TEXAS PUBLIC EDUCATION COMPENSATION PLAN. (a) School district personnel who are qualified for and employed in positions described [autheeeed] in Subsection (d) of this section shall be id not less than the monthly base salary, plus increments for teaching experience, [fe the apptleab e pay ad eemputeaeA. on the ef the eleey .tlle]set forth in Subsection (c) of this sectin or greater amounts provided b appropriation f* 6OteWW s by this a-yie Wuset 1 & O0 r jtheIs 0AlaOr sOhell he debesmlfe -by gthe heen* feete el y o theh 1 4MA9I80 seelywad by 4TUe; so tteerthr sum~dws be" e" th10 may thetde pereent ftemnmmsls specified fee thee Intep e the Iniiulis Plowd] (b) An individual shall advance one step for each year of experience until step 10 is reached. [h4mtepe a peesen must sewe at step 40 lee twyew. bee ed-,nnto 44wot yew. beee ed'aen to step a tep 4 fee o yeas A--= te step 4, and at tep 4 fe two yeas befoe ad'eneftg te step 44,] For each year, up to a maximum of two years, of work experience required for certification in a vocational field, a vocational teacher who is certified in that field is entitled to salary step credit as if the work experience were teaching experience. For teachers initiallyemployed for the 1986-1987 schoolyear or thereafer, a teachermay advance beyond step 2 only ifthe teacher holds a standard or provisional certiflcate as defined by rules of the State Board of Education, and a teacher may move beyond step 9 only (f the teacherholds a professional cert(lcateas defined by those rules. (c) SALARY SCHEDULE [$IMMAJ BY STEPS 0 I 3 4 5 6 7 8 9 10 1520 1634 1748 1862 1976 2090 2204 2318 2432 2546 2660 [Current salary index omitted entirely] (d) The following positions are entitled to the minimum monthly salaryset by Subsection (c) of this section for ( pay grades, tiles a eret as otherwise t0"rimed b lew] the number of annual contract months seced [fee eaeh position undee the nI-e.a Puisle -due t n No. [Pay Grade] Months Paid Class Title [4. 4,0 dueenal Aide [6 449 rdueatlienal Seeeetey I 111 40 Edueat~enal Aide 14 66th LEGIS-2nd CALLED SESSION CH 28, SEC. 11-5 No. [PaY Qead.] Months Paid Class Title [040 .edapeni Seerees" I 40 de eInal Mde U 40 Edueetienai Seee"y H4 [4 44 T-eeehei Trinee I [s 40) FTaehe, Trainee 1I Is 40 Ge.tfied Nendegree .eehe [1 10 Nurse, R.N. and/or Bachelor's Degree [] 10 Special Education Related Service Personnel (other than Occupational or Physical Therapist), Bachelor's Degree (-1 10 Teacher, Bachelor's Degree [] 10 Vocational Teacher, 11 Bachelor's Degree and/or 12 Certified in Field [] 10 Librarian I, Bachelor's Degree [] 10 Visiting Teacher I, Psychological Associate, Bachelor's Degree [81 10 Special Education Related Service Personnel (other than Occupational or Physical Therapist), Master's Degree [81 10 Teacher, Master's Degree [8] 10 Vocational Teacher, 11 Master's Degree 12 [8] 10 Librarian II, Master's Degree [81 10 Physician, M.D. [0] 10 Teacher, Bachelor of Laws or Doctor of Jurispru- dence Degree [0] 10 Teacher, Doctor's Degree [0] 10 Special Duty Teacher, Master's Degree [1401] 10 Occupational Therapist [40] 10 Physical Therapist [4-0] 10 Educational Diagnostician [40] 10 Visiting Teacher II, Master's Degree caH, uSC. n.s Oth LEGIS-ud CALLED SESSION No. [ph vG"d] Months Paid Class Title 14M 10 Counselor I, Psychologist [401 10 Supervisor I [401 10 Part-time Principal--I1 or fewer teachers on campus [40] 10 Instructional/Administra- tive Officer I [4] 10 Assistant Principal--20 or more teachers on campus [14.] 10 Instructional/Administra- tive Officer II [4*1 !! Principal--19 or fewer teachers on campus [4] 10 Instructional/Administra- tive Officer III [41 11 Principal--20-49 teachers on campus (4] I1 Instructional/Administra- tive Officer IV [441 I1 Principal--50-99 teachers on campus [441 12 Principal--100 or more teachers on campus [44] 12 Instructional/Administra- tive Officer V [16] 12 Instructional/Administra- tive Officer VI [414] 12 Superintendent--District with 3,000 or less ADA [4K] 12 Instructional/Administra- tive Officer VII (K4] 12 Superintendent--District with 3,001-12,500 ADA [4*] 12 Instructional/Administra- tive Officer VIII [41 12 Superintendent--District with 12,501-50,000 ADA [1] 12 Superintendent--District with 50,000 or more ADA (e) With the approval of the State Board of Education, the commissioner of education may add additional positions and months of service to the Texas Public Education Compensation Plan to reflect curriculum and program changes authorized by law. [The pay de assigned to eseb new peeltie she" be eempsmebie te the pa" grade -e eutec-e peceessnmel wiOh similec eseemle *ainiW, empee.-ee and ditie] With the approval of the board, the commissioner shall also develop policies for the implementation and administration of the compensation plan. [4%e pe ese shel peavide for the adjustment ef salese fec 68th LEGIS.-2nd CALLED SESSION CH 28, SEC. 1I-8 puemien MA demelaiene vohin see ad e peeflent of peceennel wih pciec (t) [W] Each person employed in the public schools of this state who is an educational aide. teacher trainee, or nondegree teacher or who is assigned to a position classified under the Texas Public Education Compensation Plan must be certified according to the certification require- ments or standards for each position as established by rule adopted by the State Board of Education. However, additional certification may not be required of a person holding a valid state license as a speech language pathologist or audiologist. Persons other than those holding such a license may only be employed to render such services if an acceptable licensed applicant is not available. (g) [(+)] The State Board of Education shall prescribe the general duties and required preparation and educationfor educational aides, teacher trainees, and nondegree teachers and for the positions listed in Subsection (d) of this section under the circumstances described therein. SECTION 6. Subchapter B, Chapter 16, Education Code, is amended by adding Section 16.057 to read as follows: Sec. 16.05Z CAREER LADDER SALARY SUPPLEMENT (a) Except as provided by Subsection (c) of this section, each teacher on level two, three, or four o a career ladder is entitled to the following annual supplement in addition to the minimum salary set by this subchapter: Level2 ....... $2,000 Level 3 ....... $4,000 Level 4 ....... $6,000 (b) If the district pays more than the state minimum salary prescribed by this subchapter, the teacher is entitled to the career ladder supplement in addition to the amount otherwise paid by the district for the teacher's step. (c) If the allotment under Section 16.158 of this code that is designated for support of the career ladder will notfullyfund the supplements under this section: (1)the district may reduce the supplements to not less than thefollowing: Level 2 ..... $1,500 $3,000 Level 3 ..... Level 4 ..... $4,500 or; (2) provide for stricter performance criteria than that provided under Section 13.302 of this code, subject to the approval of the State Board ofEducation; or (3) take action under both Subdivisions (1) and (2) of this subsection. SECTION 7. (a) For the 1984-1985 school year, each individual entitled to the minimum salary shall be assigned to the salary schedule at the step on the schedule that entitles the individual to at least $170 more a month than the individual's prior minimum salary. If no step gives the individual that amount of salary increase, the individual shall be assigned to step 10. (b) If an individual would not have advanced a step for the 1984-1985 school year under the prior salary index because of the requirement that an individual be at that step for two years before advancing to the next step, the individual shall be assigned to the step on the schedule rovided by this Act that entitles the individual to at least $170 more a month than that next igher step on the prior index. SECTION 8. Subchapters C, D, and E, Chapter 16, Education Code (other than current Sections 16.104 and 16.176, which are transferred to Chapter 21, Education Code, by other sections of this Act), are revised to read as follows: SUBCHAPTER C. BASIC ENTITLEMENT Sec. 16.101. BASIC ALLOTMENT For each student in average daily attendance, not including the time students spend each day in special education or vocational education programs for which an additional allotment is made under Subchapter D of this chapter, a district is entitled to an allotment of $1,290 for the 1984-1985 school year and $1,350for each school year thereafter, or a greater amount provided by appropriation. Sec. 16.102. PRICE DIFFERENTIAL ADJUSTMENT (a) The basic allotment for each district is adjusted by multiplying the amount ofthe basic allotment by an index factor that reflects the geographic variation in resource costs due to factors beyond the control of the school district. (b) For each school year until a different formula is adopted under Subchapter E of this chapter, the commissioner shall adjust each district's basic allotment by applying the following formula: Ct , SEC. 114 GMLEGIS--2ad CALLED SESSION ASA -((BA x .75) x PD!) + (BA x .25) where: "AAA "Is the adjustedbasic allotment; '1A "is the basic allotment; and "POP& the price differential Index applicable to the district. (c) For each school year until a diffrent price differential index is adopted under Subchapter E qf this capter, the price differential index is calculated in accordance with the following formula, as mod(ed by Subsection (d) of this section: C, 9 PD- + (IO x DED) "PD" is the price differential index applicable to a district; "CA T" is the total of salaries paid in the preceding year to classroom teachers (not including federally funded teachers) in other districts in the same county as the district for which the calculation is made, except that if there are fewer than three districts assigned to that county by the CentralEducation A ncy for administrative puo, "CA TS" is the total ofsalaries paid in the preceding year to those teachers in districts contiguous to the district for which the calculation is made: A district with territory in or contiguous to a county with a population of 1.5 million or more may elect to have CATS calculated for the district on the basis of salaries in both the county to which it is assigned for administrative purposes and the county with a population of 1.S million or more; A district with territory in two counties may elect to have CA 7S calculated for the district on the basis of salaries in both counties MCFTS" is the total minimum salary portion of salaries paid in the preceding year to the classroom teachers used to determine CA 7S; and "LED" Is the percentage of the district's students who are educationally disadvantaged as defned by Section 16 152 ofthis code. (d) The commissioner of education shall rank school districts in the order of the index values determined under Subsection (c) of this section. For any district in the bottom five percent of that order, according to the number of districts, the PDI is considered to be 1.00. If the highest actual index value of the districts in that bottom five percent is greater than 1.00 the commissioner shall divide the remaining index value by the highest actual index value of the districts in that bottom five percent. The resulting quotient is the PD! for the remaining districts, except that for any district in the top five percent of the total order, according to the number of districts, the PD! is considered to be that ofthe lowest index value ofthe districts in that top five percent. (e) Notwithstanding other provisions of this section, a school district is entitled to the maximum PDI if located in a county in which the number offull-time state employees at pay grades 10-14, plus the number ofpublic senior college or university foculty at the rank of instructor or a higher rank, employed within the county as of May 31, 1984, exceeds 125 percent of the number of nonfederally funded teachers employed in that county as ofthat date. Sec. 16.103. SMALL DISTRICT ADJUSTMENT (a) The basic allotment for certain small districts is adjusted in accordance with this section. In this section: (1) "AA "is the district's adjusted allotment per student; (2) "ADA "is the district's average daily attendance; and (3) "ABA" is the adjusted basic allotment determined under Section 16.102 of this code. (b) The average daily attendance of a school district that contains at least 300 square miles and has not more than 1,600 students in average daily attendance is adjusted by applying the formula: AA -(1 + ((1,600 - ADA) x .0004)) x ABA (c) The average daily attendance of a school district that contains less than 300 square miles and has not more than 1,600 students in average daily attendance is adjusted by applying the formula: AA =(1 + ((1,600 - ADA) x .00025)) x ABA Sec. 16.104. SPARSITY ADJUSTMENT Notwithstanding Sections 16.101, 16.102, and 16. 103 of this code, a school district that has fewer than 130 students in average daily attendance shall be provided an adjusted basic allotment on the basis of 130 average daily attendance if it offers a kindergarten through grade 12 program and has prior year's average daily attendance of at least 90 students or is 30 miles or more by bus route from the nearest high school district. A 6IhLIS-2d CALLED SESSION CH U8, SEC. 114 district offering a kindergarten through grade 8 program whose prior year's average daily attendance was at least 50 students or which is 30 miles or more by bus route from the nearest high school district shall be provided an adjusted basic allotment on the basis of 75 average daily attendance. An awrae dal/ attendance of 60 students shall be the basis ofproviding the adjusted basic allotment (f a district qffers a kindergarten through grade 6 program and has prior year's avrage daily attendance of at least 40 students or is 30 miles or more by bus route from the nearest high school district. [Sections 16105-16.150 reerved for expansion] SUBCHAPTER D. SPECIAL ALLOTMENTS Sc. 16151. SPECIAL EDUCATION. (a) For each full-time equivalent student in average dily attendance in a qcialeducation program under Subchapter N, Chapter 21, of this code, a ditrict is entitled to an annual allotment equal to the adjusted basic allotment multiplied by the following amount according to instructional arrangement: Homebound ............................. 5.0 Hospital class ........................... 5.0 Sl h therpy ....................... 10.0 ssource rom .......................... 2.7 Selfcontained, mild and moderate, regular campus ........................ 2.3 S -contained, severe, regular cam ........................ 3.5 Self-contained, separate campus .....2.7 Multidistrict class ....................... 3.5 Nonpublic day school ........... 3.5 Vocational alustment class........2.3 Community cass ............ ..... 3. Self-contained, pregnant .......... 2.0 (b) The State Board of Education by rule shall prescribe the qualiftcations an instructional arrangement must meet in order to be funded as a particular instructional arrangement under Subsection (a) of this section. (c) In this section, ':ull-time equivalent student" means 30 hours of contact a week between a special education student and special education program personnel. (d) The State Board of Education shall adopt rules and procedures governing contracts for residential placement of special education students. The legislature shall provide by appropriation for the state's share of the costs ofthose placements (e) Funds allocated under this section, other than the amount that represents the program's share of general administrative costm must be used in the special education program under Subchipter N Chapter 21, of this code. (e-1) Notwithstanding other provisions of this section, for the 1984-1985 school year, each district is entitled to funding for special education programs in accordance with an allocation system adopted by rule of the State Board ofEducation. The amount allocated may not exceed the amount appropriated for that purpose. In addition, the State Board of Education shall conduct a study of the funding of special education, vocational education, compensatory education, and bilingual education programs on the basis of instructional arrangement and shall make recommendations to the 69th Legislature in regard to the appropriate arrangement classylcations and the weights to be assigned to those classifications. This subsection expires September 1, 1985. Sec. 16,152. COMPENSATORY EDUCATION ALLOTMENT (a) For each student who is educationally disadvantaged, a district is entitled to an annual allotment equal to the adjusted basic allotment multiplied by 0.2. (b) For purposes of this section, the number of educationally disadvantaged students is determined by averaging the best six months' enrollment in the national school lunch program of free or reduced-price lunches for the preceding school year. (c) Funds allocated under this section, other than the amount that represents the program's share of general administrative costs, must be used in providing remedial and compensatory education programs under Section 21.557 of this code, and the district must account for the expenditure ofstate funds by program and by campus. Sec. 16.153. BILINGUAL EDUCATION ALLOTMENT (a) For each student in average daily attendance in a bilingual education or special lan uage program under Subchapter L, Chapter 21, of this code, a district is entitled to an annuafallotment equal to the adjusted basic allotment multiplied by 0. 1. CH 3, 8W n44 GMk LEGIS--2nd CALLED SESSION (i) Fnds aloated under this section, other than the amount that represents the program's sh ov qf general admlnisratlve costs, must be used in providing bilingual education or special LuispProgramsunder Subchapter L Chapter 21, ofthis code. Sac. 1&15. EXPERIENCED TEACHER ALLOTMENT. (a) To assist a district in employ- ing and retining experienced teachers, the district is entitled te an annual allotment determined by thefollowingformula EXP - $W$ )x( - DS x (.75 x ( DFSP- TA)) where: "UXP" isthe experience allotment; "DAS" isthe district's average classroom teacher's minimum salary required under this cede; 'US" sthe statewide average classroom teacher's minimum salary required under this code; %FA "isthe district's localshare under Section 16252 of this code; "DPP" isthe total of the district's other foundation school program allotments under this chapter not Including any enrichment equalization allotment; and "TA "isthe district'stransportation allotment. (b)Ifthe formula results Ina negative amount, the district isnot entitled to an experienced teacher allotment. Sea Id 155. VOCATIONAL EDUCATION ALLOTMENT (a) For each full-time equivalent student In average daily attendance in an approved vocational education program, a district is entitled to an annual allotment equal to the adjusted basic allotment multiplied by 1.45. (b) The State Board ofEducation shall conduct a biennial study of the cost differentials among vocational education programs and recommend to the legislature appropriate weights for this section. (c) In this section, 'yfll-tlme equivalent student" means 30 hours of contact a week between a student and vocational education program personnel. [Sec. 16.156 reserved for Transportation Allotment] [Sec. 16.157 reserved for Enrichment Equalization Allotment] Sec. 16I158 EDUCATION IMPROVEMENT AND CAREER LADDER ALLOT- MENT (a) Each district is entitled to an allotmentfor education Improvement and support of the career ladder equalto Its unadjustedaverage daily attendance multiplied by the following amount or a greater amountprovided by appropriation: (1)$100 for the 1984.1985 school year (2) $120 for the 1985-1986 school year; and (3) $140 for the 1986-1987schoolyear and each school year thereafter. (b) A district may expend 25 percent of the allotment for any legal purpose, shall expend 25 percent qf the allotment for payment of salaries for personnel other than classroom teachers, and shall expend 50 percent of the allotment for career ladder salary supplements, (b.l) Notwithstanding other provisions of this section, of the amounts listed in Subsection (b)of this section a district must expend the following for the payment of career ladder salary suplhmentx" for the 1984-1985 school year, $30. for the 1985-1986 school year, $40 for the 1986. 1987 school year, $5 Fit percent of the balance in those years may be expended for any legal purpose and the remainder shall be spent for salaries for personnel other than classroom teacherm This subsection expires September 1,1987. (c) From the funds designated for that purpose, the district shall supplement the salary of each teacher above level one on the career ladder. The districtshall decide the amount of supplement to be provided at each career ladder level. (d) Money received under this section may not be used to supplement the salary of an employee for directing cocurricular or extracurricular activities. [Sections 16.159-16175 reserved for expansion] SUBCHAPTER E. PRICE DIFFERENTIAL INDEX Sec. 16.176. PURPOSE. The price differential index is designed to reflect the geographic variation In resource costs due to factors beyond the control ofschool districts. Sec. 16.177. DATA COLLECTION. (a) The comptroller of public accounts shall biennially collect price information necessary to the development of the price diferential index based on an econometric model that considers the effect of school district characteristics on the prices paid in the school district for goods and services. 6ft LEGIS-2nd CALLED SESSION CH28, SEC. II-10 (b) The State Board of Education shall by rule prescribe the specifications of the econometric model and shall consult with the price index advisory committee and the comptroller in developing those spec~fcations. (c) The comptroller shall report the data collected to the State Board of Education and the price Index advisory committee. Sec. 16.178. ADVISORY COMMITTEE. (a) The State Board of Education shall appoint an advisory committee to advise the board in the development of the price differential index. The committee must be composed of nine persons with the expertise the board considers necessary to the development of the index. A majority ofthe members ofthe committee must be business officers of local school districts. (b) Using the data reported by the comptroller of public accounts, the advisory committee shall develop and recommend a price differential index based on an econometric analysis of the prices of goods and services and the effect ofschool district characteristics on those prices. (c) The comptroller of public accounts shall assist the advisory committee as the committee requests, (d) The Central Education Agency shall provide clerical and staff assistance to the advisory committee. (e) Advisory committee members serve without compensation but are entitled to reimbursement for actual and necessary expenses incurredin the performance of their duties. Reimbursement is from funds appropriated to the Central Education Agency and available for that purpose. Sec. 16.179. BIENNIAL ADOPTION OF INDEX AND FORMULA. Not later than the 30th day before the first day of each regular session of the legislature, the State Board of Education by rule shall adopt a price differential index based on the information from the econometric model. That index shall be used in adjusting the allotment offoundation school funds under this chapter for the following biennium. The board shall also adopt the formula under which the index isapplied to the basic allotment. [Sections 16.180-16.200 reserved for expansion] SECTION 9. Chapter 16, Education Code, is amended by adding a new Subchapter F to read as follows (current Subchapter F, except Section 16.206, is transferred to Chapter 21, Education Code, by another section of this Act): SUBCHAPTER F ACCREDITED PROGRAM ACCOUNTABLE COSTS Sec. 16.201. REPORT As part of its biennial report to the legislature, the State Board of Education shall report what it determines to be the annual average accountable costs to school districts in providing quality education programs, personnel, and facilities that meet the accreditation standards prescribed by law and rule. Sec. 16.202. ADVISORY COMMITEE. (a) The State Board of Education shall appoint an advisory committee to assist the board in determining the annual average accountable costs. The committee must be composed of nine members, a majority of whom must be school principals or superintendents. (b) In making appointments to the committee, the board shall give representation to different geographic areas and different sizes of schools and districts. (c) Members of the committee serve without compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing their duties. Reimbursement isfrom funds appropriated to the Central Education Agency a'ndavailable for that purpose. Sec. 16.203. LEGISLATIVE CONSIDERATION. In adopting the amount of the basic, special, and transportation allotments under this chapter, the legislature shall consider the recommendations and report of the State Board ofFducation as to the annual average accountable costs of a program that meets accreditation standards. SECTION 10. Section 16.206, Education Code, is transferred to revised Subchapter D, Chapter 16, is renumbered, and is amended to Yead as follows: Sec. 16.156 [446"]. TRANSPORTATION [A.LGULATI C' ALLOT- MENT. (a) Each district operating a transportation system is entitled to allotments for transportation costs as provided by this section. [ tete1 e e s.e .m== iee e[et Aebmet for ew dishet er eo.ny sheA he based s the ate fem ef thig seett-. (b) As used in this section: (i) "Regular eligible pupil" means a pupil who resides two or more miles from his or her campus of regular attendance, measured along the shortest route that may be traveled on public roads, and who is not classified as an eligible handicapped pupil. CHl 2, SEC. 11-t0 GM LEGIS-2ad CALLED SESSION 2.) "Elble handicapped pupil" means a pupil who is handicapped as defined in Section [I4 "O of this code and who would be unable to attend classes without special transportation services. (3) "Linear density" means the average number of regular eligible pupils transported daily, divided by the approved daily route miles traveled by the respective transportation system. Fee tbhe 48408O ae 4os/4O168 seelo years ali.wable . to base w ess of Ea chnlenane doperatin saleules depreeiatin, tef m ieneb o ne alln d6 b e f[mnear e p ileof per mie of ,i andti4 aese 8 4 @ to 449 [4todM 4 trnprtto yead [Geoun ]th lnerdesiy ohtse . deutermnn h ot approe rou n a e n the 19ppop8 be based y eomm4smone of edueotree b the (d [t ]A dised (c) Each d operatit a regular transprtation system is entitld to an allotment based on J* * 106461sehool yewe and meaeftesr) the eainnienee of edtteation shall or eesnine the daily cost per regular elitible pupil of operating and maintaining the regular transportation system and [osed en] the linear density of that system. In determining the cost, the commissioner shall give consideration to factors affecting the actual cost of providing these transprtation services in each district. The average actual cost is to be computed by the commissioner of education and included for consideration by the Foundation School Program Committee and the legislature in the General Appropriations Act. The allotment per mile of approved route may not exceed the amount set by appropriation. (d)[*). A district may apply for and on approval of the commissioner of education receive an additional amount of up to 10 percent of its regular transportation allotment to be used for the transportation of children living within two miles of the school they attend who would be subject to hazardous traffic conditions if they walked to school. Each board of trustees shall provide to the commissioner the definition of hazardous conditions applicable to that district and shall identi the specific hazardous areas for which the allocation is requested. A hazardous condition exists where no walkway is provided and children must walk along or cross a freeway or expressway, an underpass, an overpass or a bridge, an uncontrolled major traffic artery, an industrial or commercial area, or another comparable condition. (e) [t] The state commissioner of education may grant an amount set by appropriation [nt eusodng 00pee~tpilpe yewe in 41A80 and 4810ljfor private or commercial trans ir eltigible pupils from isolated areas [.~h Mee alioab'fo the b o sehcul&Iea and theeaftee e .s a ednatin ad ieluedfee eonsideeation by the Fawn aIos Sehtool Peoe-m.emm-It/ tee and the egisla me in tOhGeneeal ASpoe ACet] The need or this type Of transportation onrtati for grant shallprvdb be determined h ainvdulbasis and the onenrlEuainAec hlamount grante shall not e reamballowblsed petuto en exceed the actual cost. The grants shall be made only in extreme hardship cases, and no grants shall be made if the pupils live within two miles of an approved school bus route. The cost of transporting vocational education students from one campus to another inse1de [Wg] a district or from a sending district to another secondary public school for a vocational program or an area vocational school or to an approved post-secondary institution under a contract for instruction approved by the Central Education Agency shall be reimbursed based on the number of actual miles traveled times the district's official extracurricular travel per mile rate as set by their local board of trustees and approved by the Central Education Agency. (g) [NJ A school district that provides special transportation services for eligible handi- capped pupils is entitled to a state allocation[, ,oeations fee handlearpa tre"SpeOAtate in dish'e t or es s' .epeated' sehool bses s be] paid on a previous year's cost-per-mile basis. The [Fi _e the Z... and a .. 80108. sehool yeae the m ......... pee mite east will be 80 eents. For the 448..... a I..... 0. sehool years and theeaftet, the] maximum rate per mile allowable shall be set by appropriation f -ealettiated] based on data gathered from the first year of each preceding biennium. Districts may use a 66t LGIS--2sdi CALLED SESSIONCH2,SC -1 CH U, SMC II-12 portion of their support altocation to pay transportation costs, if necary,The commissioner of education may t W amount set by appropriation [net to exe 46 eee pe mile or a formtm M41 pet, yew] for private transprtation to reimburse parents or their ant fort t eli ible handicapped pils. [F Om i4on Gnd ihsaiitw e amd SamthW o .. a- esmue, edesie Fa nsideuetien bhe leeuna&@ Zen SehelW &mthel16slett it the Gene'al ppsep ens Ae] The mileage allowed shall be computed along the shortest public road from the pupil's home to school and back, morning and afternoon. The need for this type transportation shall be determined on an individual basis and shall be approved only in extreme hardship cases. (h)[*] The allocation for eligible regular students transported by the regular transportation system shall be increased by five percent for any district or county school board which has complied with the provisions of Section 21.173 of this code in accordance with rules adopted by the State Board of Education. () Funds allotted under this section must be used in providing transportation services. OW Te toi alemmen 6.,o a Aliste* _eo0W , 6-'e26.0a n fee W e40- /40 ee seh yeas a ll net be lees then the tota .lleetI "Weve d few the ;08 10 031 40sehe yeas en en equal aased mebe of '1ate1epee4ve bus_,eute, If the dlstt'et re snty a deleted the _ente. minimu. a ien s he psepesten4te, eduee ] SECTION 11. (a) Notwithstanding Section 16.156, Education Code, as amended by this Act, for the 1984-1985 school year, the transportation allotments are set by this section. (b)The total allowable base costs for each bus route, incluaing maintenance, operation, salaries, and depreciation, are calculated in accordance with the following formula: Linear Allocation per mile of Density Grouping Approved Route 2.40 and above $1.43 1.65 to 2.40 1.25 1.15 to 1.65 1.11 .90 to 1.15 .97 .65 to .90 .88 .40 to .65 .79 up to .40 .68 (c) The maximum mileage rate for special education transportation is $1.08 per mile. (d) The private transportation rate is 25 cents a mile, up to a maximum of $816 a student, for both special education transportation and transportation from isolated areas. SECTION 12. Subchapter H, Chapter 16, Education Code, is transferred to revised Subchapter D, Chapter 16, Education Code, is renumbered, and is amended to read as follows: (SU14P- 142 H, NOW AT A O A40 FA PRG1AM Sec. 16.157 [W aG4l. ENRICHMENT [D9TERM1NA4.Ti4N O EQUALIZATION AL- LOTMENT [A4 r39Nq. (a) The amount ofthe enrichment [state] equalization allotment [aid] to which a district is entitled is determined by the formula: (SPV/ADA x 1.10) ) x ADA x MAXENT BTRT where: "EEA [SFA]" is the enrichment [state] equalization allotment [aid guar..need] to the district; "DPV/ADA" is the [avesage of the] district's taxable [me, et] value [ainei m value] of property as determined pursuant to Section 16.252 [44M] of this code for local share purposes, divided by the number of students in average daily attendance in the district, which for districts not offering a kindergarten through grade 12 program includes the average daily attendance of eligible qtudents transferred to other school districts in grades not taught by the resident district; "SPV/ADA" is the [aw'et'ge of the] total statewide taxable [maelet] value [and le. Y*6e] of property as determined pursuant to Section 16.252 [4--86] of this code for local share purposes, divided by the total number of students in average daily attendance in the state; CH 28, SEC. 11-12 68th LEGIS-2nd CALLED SESSION "MAXENT" is the maximum entitlement per ADA, which is a percentage of the totalof the district'sotherfoundation school program allocationsper ADA, as determined under this chapter, which percentagefor the 1984-1985 schoolyear is35 percent andfor each schoolyear thereafteris 30 percent [$209 ee a greater. amesm provided ;ay the General ?ppropriai'ns Ae+]; "ADA" is the number of students in average daily attendance in the district- "DTR T/BTR T" is the greaterofthe following: (1) the ratio of the district'seffective maintenance tax rate to the effective maintenancetax rate necessaryfor a district at 110 percentof SPV/ADA to raise its local shareplus an amount equal to MAXENT, or (2) the ratioof the district'stotaleffective tax rate to the sum of- (A) the effective maintenance tax rate necessary to a district at 110 percent of SPV/ADA to raiseits local shareplus an amount equal to MAXENT plus (B) the statewide average effective tax ratefor debt service. (b) If DTRT/BTRT exceeds 1, the value of 1 shall be used in computing a district's equalizationentitlement. c) In this section, an effective tax rate of a district is the rate that results from dividing the applicabletax levy (maintenance,debt service, or the total of maintenanceand debt service) by the total taxable property value of the district used under Section 16.252 of this code for local share purposes. (d) [See. 16.32 D ..... S IN MAJOR DISASTER ARAS.] If a school district is below the property value perpupil necessary to receive equalizationfunds and is within an area that has been declared a major disaster area by the governor and has suffered a property value loss equivalent to 12-1/2 percent or more of its prior year valuations for tax purposes, the school district shall be eligible under rules and regulations of the commissioner of education for the maximum entitlement provided by this section for the two subsequent school years. [See .1.303. P -MENI OF SWT--E A4D- (a Fhe state' eqlatieft aid fer ....hte shag be paid fffm the .... e.i. et.... Sehol Food ps.....t t f-egutlatOen9 ef the State Beatt eFKeatioom [() The giAs....... io eaeh "e A- ..... Aet shall set a lieit en the affieuteef that ybe eet ed b ah getthe affieunft of state ellctis i giselttteed te eaeb distriet salb 'die paepesrtiefately ttil the toal A** 44ti o rfsssseqiried equals tat liesiW.] SECTION 13. Subchapter G, Chapter 16, Education Code, is amended to read as follows: SUBCHAPTER G. FINANCING THE PROGRAM Sec. 16.251. FINANCING; GENERAL RULE. (a) The sum of the basic allotment under Subchapter C and the specialallotments under SubchapterD [appreved tmiwifauin salaries fts PePWovRl eu41o aperating expenses, eategserkal pe~~ i~ta sup~aif sefi"ees fe' eaeh disiviet], computed in accordance with the provisions of this chapter, constitute the total cost of the Foundation School Program. (b) The program shall be financed by: (1) ad valorem tax revenue generated by an equalized local school district effort; (2) state available school funds distributed in accordance with law; and (3) state funds appropriated for the purposes of public school education and allocated to each district in an amount sufficient to finance the cost of each district's Foundation School Program not covered by other funds specified in this subsection. Sec. 16.252. LOCAL SHARE OF PROGRAM COST. (a) Each school district's share of its [guaranteed e ntlemesent tder the] Foundation School Program shall be an amount determined by thefollowing formula: LFA = SPV x (N x FSP) where: "LFA "is the district'slocal share; "DPV" is the taxable value ofproperty in the districtfor the prior tax year determined under Section 11.86 of this code; "SPY" is the total of the taxable values ofproperty in the statefor the prior tax year determined underSection 1L86 ofthis code,;' "N" is a percentage, which for the 1984-1985 school year is 30 percent, and which for each schoolyear thereafteris 33.3 percent; and "II LEGIS-.W CALLED SESSION CH 28, SEC. 11-13 "P" is the total coat of the Foundation School Pnogrm under this chapter, not including experienced teacher allotments or enrichment equalization allotments[ to the pedqlet of im pkdby am ladie*..le of pesdtmle wwa tBels 1,6 of this ooeh .amsseeasof edisaoss "ON" fila blesla o f~the @wae ~sP1"a.!s Dearaiokiste of lade. Waive In eshebes ;e ([b*No dlsk4.th 4Wn fiend I Iaea as deis i111d pu rsutie 0. th" seen A& (b) [ The commissioner of education shall adjust the values reported in the official report of the State Property Tax Board to reflect reductions in taxable value of property resulting from natural or economic disaster after January 1 in the year in which the valuations are determined. The decision of the commissioner of education shall be final. An adjustment does not affect the localfund assignment of any other district. (c) Appeals of district values shall be held pursuant to Subsection (e) [J4)j of Section 11.86 of this code. (d) A district need not raise its total local share of its program cost. Sec. 16.253. EXCESS OF LOCAL FUNDS OVER AMOUNT ASSIGNED. Local'mainte- nance funds in excess of the amount assigned to a district may be expended for any lawful school purpose or carried over to the next school year. Sec. 16.2$4. DISTRIBUTION OF FOUNDATION SCHOOL FUND. (a) The commission- er of education shall determine annually: (I) the amount of money necessary to operate a Foundation School Program in each school district; (2) the amount of local funds assigned to each school district for the support of the program; and (3) the amount of state available school funds distributed to each school district. (b) The commissioner of education shall then grant to each school district from the Foundation School Program appropriation the amount of funds necessary to provide the difference between Subdivision (1) and the sum of Subdivisions (2) and (3) of Subsection (a) of this section. (c) The commissioner shall approve warrants to each school district equaling the amount of its grat. Warrants for all money expended according to the provisions of this chapter shall be approved and transmitted to treasurers or depositories of school districts in the same manner as warrants for state apportionment are transmitted. (d) Notwithstanding any other provision of this chapter, (f for any year the state's share of the Foundation School Program, Including enrichment equalization allotments, as determined under this chrpter, exceeds the amount appropriated for that year, the commissioner shall reduce each districts allocation per student in average daily attendance by an amount equal to the quotient that results from dividing the excess by the statewide total average daily attendance. [ , this eeeft no sebeel dietret se.eesiessa.adpuspyae. of esee kIneenats fer feundatiow pseelpiseoided by Seetiess 44MN(b) of thi ee4"Pers std "11 nI eseda atsead own theit seeeiked prsu ~ ~ al tednewdstettlo heFeuadaiea Seol6 sg9k o aeel ya added to the aussat toeelyod fesat " ea uades Sueats Ghaptes GQo ths edeQ Sec. 16.255. FALSIFICATION OF RECORDS; REPORT. (a) When, in the opinion of the director of school audits of the Central Education Agency, audits or reviews of accounting, enrollment, or other records of a school district reveal deliberate falsification of the records, or violation of the provisions of this chapter, whereby the district's share of state funds allocated under the authority of this chapter would be, or has been, illegally increased, the director shall promptly and fully report the fact to the State Board of Education and the state auditor. (b) In the event of overallocation of state funds, as determined by the State Board of Education or the state auditor by reference to the director's report, the Central Education Agency shall, by withholding from subsequent allocations of state funds, recover from the district an amount, or amounts, equal to the overallocation. Sec. 16.256 14405]. FOUNDATION SCHOOL FUND BUDGET COMMIT- TEE. (a) The foundation school fund budget committee is composed of the governor, the lieutenant governor, and the comptroller of public accounts. (b) On or before November I before each regular session of the legislature, the budget committee shall determine and certify to the comptroller of public accounts an amount of money to be placed in the foundation school fund for the succeeding biennium for the purpose of financing the Foundation School Program as described in this code. CH 21 Mac U-Is 68th LEGIS-2nd CALLED SESSION to (,) The bisdgt finuee ommlteScehool the Foundatien durng the biennium, change the estimate of money necessary may,Program. 7AD ON TAX INCREASES. (a) The commissioner Se# l 157. EFFECT OF LOST STATE if, doatw all calculate for each school distrct the total amount by which the district's par aautloo ss under tt chapter are increased or reduced from one school year to the next For that the com er shall compare the allocations per average daily attendance. a district's allocations are reduced, the commissioner shall certOfy the amount of the w to the d6tritt Accordingly, thepercentage of tax rote increasethat allows voters to limit schooldistrict taxes isIncreased asprovided by Section 26.08(g), Tax Code. (c) This setion expiresJanuaryL 1987. fICT.ON 14. Section 26.08, Tax Code, is amended by adding Subsections (g) and (h) to read a lls:~ - (g) If a school district is cert#fed by the commissioner of education under Section 16.257, Educaion Code, to have Incurred reduced state revenue from the preceding year, or if a school di tct Incrmses its tax rate to qual~y?for enrichment equalization aid (or Increased enrichment Mmnl.iation aid) under Section 6. 157, Education Code, the adopted tax rate that allows voters to sek to Ikult school taxes under this section must exceed the rate calculatedunder Section 26 04 of this code by eightpercentplu. (1) the percentage f increase necessary to impose taxes in an amount equal to the certified amount of lost state revenue and (2) the percentage of increase necessary to qual(fy for the enrichment equalization aid () This subsectionand Subsection (g) of this section expireJanuary 1, 1987. 8CTION 1S. Section 11.36, Education Code, isamended to read as follows: See. 11.86. DETERMINATION OF SCHOOL DISTRICT PROPERTY [INDEX] VA- LUES. (a) The board shall conduct an annual [ benn] study using comparable sales and oti Vaccepted tshnques to determine the total Jrabie mf value [&A 4en te] € lt f. all taxable in each ghool district. The study shall determine the taxable Svalue of all propert and of each class of property within the distrik' and the prodtitjvty value of all - h 11-- b-]o land that qualifies for appraisal on the bas of its produci&ve capacity and for which the owner has appliedfor and received a productivity appraisa [poes"Wo t. At"el 44I see fe m o eWhem or o the 14 tki * meed peeto to Asrel *4 seetkeg VMAI of the Wellm @bot~w = "W.In conducting the studies, the board shall use appropriate standard valuation, stttal compilation, and analysis techniques [to eempute the6eW mamet value ard -6I]t . For the purposes of this section, [t (4] "taxable [mswAet] value" means market value less: (1) (4A*I the total dollar amount of any exemptions of part but not all of the value of taUble property required by the constitution or a statute that a district lawfully granted in the year that is the subject of the study: (Ie] (2) (43*1 the total dollar amount of any exemptions granted within a reinvestment zone under agreements authorized by the Property Redevelopment and Tax Abatement Act (Articl lo GsMed_O6f, s 4O&Texas 6eeVaron' eel Civil Statutes): [ eraWted in Sr& Ner A 67th 6eglee () [(4% the total dollar amount of any captured appraised value of property that is located ina reinvestment zone and that is eligible for tax increment financing under the Texas Tax Increment Financing ot of 1981 (Article 1066e, Vernon's Texas Civil Statutes) [t enet by'S& Ne 4 4%Iegishatur, 4t Galled Session, 40"4]; [md] (4) ld e 40ahe means tamable neewet value low] the difference between the market value and the productivity value of land that qualifies for appraisal on the basis of its productive capacity, except that Inu no even shal the productivity value may not exeed the fair market value of the land; (5) tke portion of the appraisedvalue of residence homesteadsof the elderly on which school district taxes are not imposed In the year that is the subject of the study, calculated as provided by Section 11.26(e), Tax Code: and (6) a portion of the market value of property not otherwise fully taxable by the district at market value that, If the tax rate adopted by the district is applied to it, produces an amount equal to the dOfference between the tax that the district would have imposed on the property If te property were fully taxable at market value and the tax that the district is actually authorizedto impose on the property. (a4) Subsection (a)(6) of this section does not apply to a study conducted by the board under this sectionfor a tax year prior to the 1985 tax year. This subsection expires January 1, 1987. th LEGIS-nd CALLED SESSION CH 28, SEC. 11"18 (b) The study shall determine the values as of January I of each [edeuniwnbhese] year, beginningJanuary), 1985. (c) The board shall publish preliminary findings, listing values by district, before February ffx... 1of the [ieeh :,...-. 'Jed yearfolloWing the year ofthe study. Preliminary findlnB allabe delivered to each school district and shall be certified [and on " dehe it shell is,,ds] to the commissioner of education. (d) On request of the commissioner of education or a district the board shall audit a school district to determine the total taxable value of property in the district, including the productivity values of land only if the land qut-lf/es for appraisal on that basis and the owner of the land has applied for and received a productivity appraisal. The board shall certiJy its findings to the commissioner. (e) [(d)] A school district may protest the board's findings under Subsection (c) or (d) of this section within 30 days after the date on which the findings are certified to the commissioner by filing a petition with the board specifying the grounds for its objection. After receipt of a petition, the board shall hold a hearing. If after a hearing the board concludes that its findings should be changed, the board shall order the changes it finds appropriate and shall certify the changes to the commissioner of education. The board shall complete all protest hearings and certify all changes before the 120th day after the date on which the findings under Subsection (c) or (d) of this section are certified Dm , - oI 4 e.. hwmbe-'ed yeas']. Hearings conducted pursuant to this subsection are not contested cases as defined in Subsection (2) of Section 3, Administrative Procedure and Texas Register Act (Article 6252413a, Vernon's Texas Civil Statutes). The board shall adopt procedural rules governing the conduct ofprotest hearings. The rules shall provide each school district with the requirements for submitting a petition initiating a protest and shall provide each school district with adequate notice of a hearing, an opportunity to present evidence and oral argument, and notice ofthe board's decision on the hearing. (0 N0] A school district may appeal a determination of a protest by the board to the state district court within whose Jurisdiction a majority of the area making up the school district is located. An appeal must be ftled within 30 days after the date the district receives notification ofa final decision on a protest. Review is conducted by the court sitting without ajury. The court shall remand the determination to the board ifon review the court discovers that substantial rights of the school district have been prejudiced, and that: (1) the board has acted arbitrarily and without regard to the facts; or (2) the finding of the board is not reasonably supported by substantial evidence introduced before the court. (g) The board shall conduct a study of taxable values in each school district as of January 1, 1984, based upon its determinations of school district index value for 1983. In updating the findings of the 1983 study, the board shall apply historical or statistical data, econometric information, or other appropriate techniques. The board shall publish preliminary results and certify its findings to the commissioner of education before March 1, 1985. A school district may protest the board's findings according to the procedure set forth in Subsection (e) of this section. The board shall complete all protest hearings and certify all changes to the commissioner of education before July 1, 1985. This subsection expires January 1, 1986. SECTION 16. Section 11.26, Tax Code, is amended by adding Subsection (e) to read as follows: (e) For each school district in an appraisal district, the chief appraiser shall determine the portion of the appraised value of residence homesteads of the elderly on which school district taxes are not imposed in a tax year because of the limitation on tax increases imposed by this section. That portion is calculated by determining the taxable value that, if multiplied by the tax rate adopted by the school districtfor the tax year, would produce an amount equal to the amount of tax that would have been imposed by the school district on residence homesteads of the elderly if the limitation on tax increases imposed by this section were not in effect, but that was not imposed because of that limitation. The chief appraiser shall determine that taxable value and certify it to the State Property Tax Board as soon as practicable for each tax year. SECTION 17. Chapter 2, Education Code, is amended by adding Section 2.12 to read as follows: Sec. 2.12. AVERAGE DAILY ATTENDANCE. In this code, average daily attendance is determined in the manner provided by Section 16.006 of this code. SECTION 18. Section 26.65, Education Code, is amended to read as follows: Sec. 26.65. STATE FUNDS [ADMIN TTRATIWE IN TR.UCTIONAL PERSON NF&.]. (a) The commissioner of education shall develop and the State Board of Education shall adopt a formula for the allocation of state funds to a rehabilitation district on a basis similar to that provided for independent school districts, except that [Peo praide fos the ean i' -ee of CH 28, SEC. 11-18 68th LEGIS-2nd CALLED SESSION edditionl wmgem q'nstef"etlon 41 end t"ening far hen dieepped -~eebetween the egos 46 eisd o lo theunssigeet stte 9M.1t eered eehb lnistri't b tate- fsefoe p r i ehha I tieh e ait feeetional edneetlon unioo en and60" spoeo o;neWertlon pefe el. to the e-e-nt herein do fee m =I I qh do4Ofundtionchootweendthe ] sh be t coAeedP' s tte B ouet who is in;eed n he o set f ntin ho rorse eon fe)n Noth d isibuniscate fordtoe ehde pe d IN The eoe fr ibd the aifne to he used fee ectin is oveeet t edoeeten one its,endo thee snoo e e en she be es SEr 9 Genterl ed b the 3,Ttleof i e nsehes, is The dstdiets e!ton o toned s pe se and eensele uit Mhe e a Fme eliibe m en eo 1Atle eth dniu tAlahef nt in the seie mnnem uner othecr i tid seoel distrietsc lleeen 4 these tunits es onuten eliibl elosein teehee si that the distt eete lleetin sh het uponen d sestrieted to ineltide only ehidmen between the ages 4f44 endB4beth ln eyHsI~moers no local fund assignment shall be charged to a rehabilitation district. (b) State funds for the support of a rehabilitation district shall be paid fro the fun ation schoolfund and Ie T eee f w4rpr ve soesenluisethsedIeudnrh e unit, pEduaton oe, pmtiled by e shallbe considered by the Foundation Sc on Budget Eateinl Comemoite in estimating the funds needed for Foundation School Program purposes. i112n Nothing in this chapter [Aet] is intended to permit double funding of any rehabilntation district by the Central Education Amency, and if and to the extent that any section is so construed, to that extent said section shall be inoperative. SECTION 19. Subchapter , Chapter 35, Title 1 d, Revised Statutes, is amended by adding Section 35.4041 mead to as follows-. Sec. 35.4041L CONTRIB UTIONS BASED ON COMPENSA TION ABO VE STA TUTOR Y MINIMUM. (a) For members entitled to the minimum salalfor certain schoolipersonnel under Section 16.056, Education Code, the employing district shall pay the state's contribution on the portion of the member's salary that exceeds the statutory minimum. (b) Fo urposes of this sectio theynstatutory minimum saladis the salary provided by Section 16.056e ducation Code, multiplied by the price differentialindex applicable under Section 16.102, Education Code, to the district in which the member is employed, plus any career ladder supplement under Section 16.057, Education Code. (c) The employer's form showing deductions and certification of earnings must provide the retirement system with information sufficient to administer this section, as determined by the system, including information showing the applicable minimum salary as well as aggregate annual compensation. (d) The employer must remit the amount required under this section to the executive secretary at the same time that the employer remits the member's contribution. (e) After the end of each school year, the retirement system shall certify to the commissioner of education: (n) the names of any employing districts that have failed to remit, within the period required by Section 35.406 of this subtitle, all contributions required under this section for the school year; and (2) the amounts of the unpaid contributions. t) If the commissioner of education receives a certification under Subsection (e)of this section, the commissioner shall drect the comptroller ofpublic accounts to withhold the amount certiied, plus interest computed at the rate and in the manner provided by Section 35.406 of this subtitle, from thefirst state money payable to the school district. The amount withheld shall be deposited to the credit of the appropriate accounts of the retirement system. (g) The board of trustees shall take this section into consideration in adopting the biennial estimate of the amount necessary to pay the state's contributions to the system. (h) This section does not apply to state contributions for members employed by a school district in a school year ifthe district's tax rate for maintenance and operation revenues for the tax year that ended in the preceding school year equals or exceeds 125 percent of the statewide average tax rate for school district maintenance and operation revenues for that tax year. For a tax year the statewide average tax rate for school district maintenance and operation revenues is the tax rate 68th LEGIS-2nd CALLED SESSION CH 28, SEC. 11'22 that, if applied to the statewide total appraised value of taxable property for every school district in the state according to the appraisal roll certified for each district for the tax year as provided by Section 26.01, Tax Code, would produce an amount equal to the statewide total amount of maintenance and operation taxes imposed in the tax year for every school district in the state. SECTION 20. Subchapter E, Chapter 35, Title 110B, Revised Statutes, is amended by adding Section 35.406 to read as follows: Sec. 35.406. INTEREST ON CONTRIBUTIONS AND FEES; DEPOSITS IN TRUST. (a) An employing district that fails to remit, before the 11th day after the last day of a month, all member and employer deposits required by this subchapter to be remitted by the district for the month shall pay to the retirement system, in addition to the deposits, interest on the unpaid amounts at an annual rate compounded monthly. The rate of interest is the rate established under Section 35.310(b)(2) of this subtii. plus two percent. Interest required under this section is creditable to the interest account. (b) An employing district and Its trustees hold amounts due to the retirement system under this subtitle in trust for the retirement system and its members and may not divert the amounts to any other purpose. SECTION 21. EQUALIZATION TRANSITION. (a) A school district that receives less state aid per student in average daily attendance in a school year than it received in the previous school year and that raises taxes to offset that loss is eligible for state funds to match in part the increased tax levy. Matching funds are payable, in accordance with the schedule provided by this section, for the 1984-1985, 1985-1986, and 1986-1987 school years. This section expires September 1, 1987. (b) To receive matching funds, the district shall apply to the commissioner. The commission- er shall determine the total amount by which the district's state aid for a school year was less than the amount received for the previous school year (by multiplying the amount lost per student in average daily attendance by the district's current average daily attendance). (c) A district's entitlement to matching funds is determined by the formula: ETE =N x DL x DETR/SETR where: "ETE" is the equalization transition entitlement;' "N" is a percentage, which for the 1984-1985 school year is 60 percent, for the 1985-1986 school year is 40 percent, and for the 1986-1987 school year is 20 percent; "DL" is the amount of the district's lost state aid determined under Subsection (b) of this section; "DETR" is the district's effective tax rate for the prior year; and "SETR" is the statewide average effective tax rate for the prior year. (d) If a district's effective tax rate is less than the statewide average effective tax rate, the value of I is used for DETR/SETR. (e) If a district's lost state aid (DL) minus the equalization transition entitlement (ETE) is greater than the total amount by which a district's 1984 maintenance tax levy exceeds the district's 1983 maintenance tax levy, the district's equalization entitlement is adjusted in accordance with the following formula: AETE =(DTI/(DL - ETE)) x ETE where: "AETE" is the adjusted equalization transition entitlement; "DTI" is the amount of the district's increased maintenance tax levy; "DL" is the amount of the district's lost state aid determined under Subsection (b) of this section; and "ETE" is the equalization transition entitlement determined under Subscction (c) of this section. (f) In this section, the effective tax rate is the rate that results from dividing the total of the district's maintenance and debt service tax levy by the total taxable property value of the district used under Section 16.252 of this code for local share purposes. (g) The total amount expended under this section may not exceed $70 million for the 1984- 1985 school year, $35 million for the 1985-1986 school year, or $17.5 million for the 1986-1987 school year. If that amount will not fully fund the grants under this section, the commissioner shall proportionately reduce each district's grant based on the district's percentage of the whole if this section were fully funded. SECTION 22. (a) The following provisions of the Education Code are repealed: CHl 2, 811C.'11-2 6th LEGIS-2nd CALLED SESSION (I) Sections 11.311(d) and (e); (2) Section 13.904(a); (3) Section 21.460; (4) Section 21.915; and (5) Subo-pter K, Chapter 16, as added by Chapter 675, Acts of the 67th Legislature, Regular Session, 1931. (b) The repeal of Sections 11.311(d) and (e) take effect September 1, 1985. PART B. CREDIT OF CERTAIN REVENUE TO THE FOUNDATION SC OOL FUND SEIfON 1. Section 101.009(a), Tax Code, isamended to read as follows: (a) Except as provided by Subsection (b) of this section, all revenues collected from the taxes imposed by the chapters of this title and by Chapter 8,Title 132, Revised Civil Statutes of Texas, 1925, as amended, after deduction of the portion allocated for collection, enforcement, and administration purposes, shall first be deposited in the general revenue fund. After the initial deposoit transfers from the general revenue fund to other funds (the av'Alsable oeheel fimd] shall be a*& at the time, in the manner, and in the amounts prov! )ed by law. SUCTION 2.Section 152.122, Tax Code, is amended to read as follows: Sec. 152.122. ALLOCATION OF TAX. The comptroller shall deposit one-fourth of the funds received under Section 152.121 of this code to the credit of the foundation [aveilseibe] school fund and the remaining three-fourtha to the credit of the general revenue fund. SCMON 3. Section 154.603(a), Tax Code, is amended to read as followst (a) After the deduction for the enforement fund, the revenue remaining of the first $2 of tax received per 1,000 cigarettes for cigarettes weighing three pounds or les pr thousand and the first $4.10 e 1,000 cIgarettes of the tax received for cigarettes weighing more than three pounds per thousand is allocated (1) 18.15 percent to the jundation [eamaleble]school fund; and (2) 81.25 percent to the general revenue fund. SECTION 4. Section 181.202, Tax Code, isamended to read as follows: Sec. 181.292. ALLOCATION OF TAX REVENUE. One-fourth of the revenue from the tax iuosed by this chapter shall be deposited to the credit of the foundation [(vilablj school fund and thr'tbthsto the general revenue fund. 8UCTION S. Section 182.122, Tax Code, is amended to read as followt; Sec. 182.122. ALLOCATION OF TAX. Revenues collected under this chapter are allocat- ed: (1) one-fourth to thefoundation [aveIfeb.] school fund; and (2) three-fburtha to the general revenue fund. SECTION 6. Section 191.122, Tax Code, is amended to read as follows: Sec. 191.122. ALLOCATION OF TAX. One-fourth of the revenue collected under this ohapter shall be deposited to the credit of the foundation [e helb school fund and three- fourths to the credit of the general revenue fund. SECTION 7. Section 201.404, Tax Code, is amended to read as follows: Smc. 201.404. ALLOCATION OF REVENUE. After deducting the amount required to be deposited by Section 201.403 of this code, the comptroller shall deposit one-fourth of the revenue collected from the tax imposed by this chapter to the credit of the foundation [avaflaIe] school fund and three-fourths to the general revenue fund. SECTION S. Section 202.353, Tax Code, is amended to read as follows: Sec. 202.353. ALLOCATION OF REVENUE. After deducting the amount required to be deposited by Section 202.352 of this code, the comptroller shall deposit one-fourth of the revenue collected from the tax imposed by this chapter to the credit of the foundation [ava&Alble] school fund and three-fourths to the general revenue fund. SECTION 9. Section 203.152, Tax Code, is amended to read as follows: Sec. 203.152. ALLOCATION OF REVENUE. One-fourth of the revenue collected from the tax imposed by this chapter shall be deposited to the credit of the foundation [aailable] school fund and three-fourths to the general revenue fund. SECTION 10. Articte 8814, Revised Statutes, is amended to read as follows: Art. 8814. APPORTIONMENT OF TAX; TAX LEVY BY COUNTIES AND CI- TIES. Except as herein provided in this Chapter, one-fourth (1/4) of the net revenue derived 06 LEGIS-4" CALLED SESSION CH 28, SEC. II-BI6 from this Chapter shall be credited to the Foundation [Awegle] School Fund of the State of Texas and three-fourths (3/4) of the net revenue derived from this Chapter shall be credited to the General Revenue Fund. Provided that all counties and cities within this State may levy an co0upation tax on coin-operated machines in this State in an amount not to exceed one-half (1/2) of the State tax levied herein. Further provided that all politica! subdivisions of this State shall, for Soning purpom, tra the exhibition of a music and skill or pleasure coin-operated machine m indistinguishable from the principal use to which the property where exhibited is devoted. This doe not prohibit cities from restricting the exhibition of coin-operated amusement machines within three hundred (300) feet of a church, school, or hospital. BEIMON 11. Article 4.12, Inaurance Code, Is amended to read as follows: Art. 4.12. DISPOSITION OF CERTAIN REVENUE. Receipts from the taxes imposed by Articles 4.10 and 4.11 and Sections 11 and 12 of Article 1.14-1 of this code and by Article 4769, Revie Civil Statutes of Texas, 1925, as amended, shall be deposited in the general revenue find. An amount equal to one-fourth (1/4) of this revenue shall be transferred to the foundation r .m411le ] school fund, and an amount equal to three-fourths (3/4) of this revenue shall be cr6ditpd to the puen*W revenue fund. SECTION 12. Section 205.02(a), Alcoholic Beverage Code, is amended to read as follows: (a) After allocation of funds to defray administrative expenses as provided in the current d"amental appropriations act, receipts from the sale of tax stamps and funds derived from Wiles on distilled spirits, wine, beer, and ale and malt liquor shall be deposited in the general revenue fund. An amount equal to one-fourth of the net revenue shall be mnsferred to the Jfund*Won [*ys4k.l] school fund. and an amount equal to three-fourths of the net revenue shall be credited to the general revenue fund. NEC ON 13. Section 71.202, Property Code, is amended to read as follows: Sec. 71.202. DISPOSITION OF REAL PROPERTY [W PRM4&MNEW 6G400Q M" , (a) Real property that escheats to the state under this title before January 1, 1985, becomes a part of the permanent school fund. Realprjerty that wcheats to the state on or after 1, 1985, is held In trust by the Commissioner f he General Land Officefor the as and !anuary benfit af the foundation schoolfneA The revenue from all leases, sale, and use of land heldfor thendan school fund shall be deposited to the credit of the foundation schoolfund pb)Before the 91t day after the day on which a judgment that provides for the recovery of rel property is rendered, the clerk of the district court rendering the judgment shall send to the Commiisioner of the General Land Office: (1) a certified copy of the judgment; and (2) notice of any appeal of that judgment. (c) The commissioner shall list real property as escheated foundation school fund land or permanent school land as appropriate when the commissioner receives: (1) a certified copy of a judgment under which the property escheats to the state and from which appeal is not taken; or (2) a certified copy of notice of the affirmance on appeal of a judgment under which the property escheats to the state. SECTION 14. Section 73.401(c), Property Code, is amended to read as follows: (c) If the amount in the state conservator fund exceeds $250,000, the excess shall be transferred to the foundation [avaiIable] school fund, but the amount in the state conservator fund may not be reduced below $250,000 by such a transfer. SECTION 15. Section 30.83, Education Code, is amended by adding Subsection (c) to read as follows: (c) The commissioner of education, with the assistance of the comptroller ofpublic accounts, shall determine the amount that the schools governed by this section would have received from the available school fund ifH.B. No. 72, Acts of the 68th Legislature, 2nd Called Session, 1984, had not transferred statutorily dedicated taxesfrom the available schoolfund to the foundation school fund. That amount, minus any amount the schools do receive from the available school fund, shall be set apart as a separate account in the foundation school fund and appropriated to those schools for educational purposes SECTION 16. Subchapter A, Chapter 11, Education Code, is amended by adding Section 11.031 to read as follows: Sec. 11.031. ALLOCATIONS OF CERTAIN REVENUE TO TEXAS SCHOOL FOR THE DEAF AND TEXAS SCHOOL FOR THE BLIND. The commissioner of education, with the assistance of the comptroller ofpublic accounts, shall determine the amount that the Texas School for the Blind and the Texas Schoolfor the Deaf would have received from the available schoolfund CH 39 SW. 111-116 .th LEGIS-2nd CALLED SESSION (PH.. No. 72, Acts of the 68th Legislature, 2nd Called Session, 1984, had not transferred sttutorily dedicated taxes from the available school fund to the foundation school fund. That amount, minus My amount the schools do receive from the available schoolfund, shall be set apart as a separate account in the foundation school fund and appropriated to those schools for edusatlpurpme SECTION 17. This part takes effect September 1, 1984, and applies to tax collections rweived on or after that date, regardless of when the tax is imposed. ARTICLE III. TEACHERS PART A. CAREER LADDER SECIION 1. Section 13.110, Education Code, is amended to read as follows: Sec. 13.110. RELEASE AT END OF YEAR. Any teacher employed under a continuing contract may be released at the end of any school year and his employment with the school district terminated at that time, or he may be returned to probationary contract employment for not exceedlng the three succeeding school years, upon notice and hearing (if requested) as hereinafter provided, for any reason enumerated in Section 13.109 of this code or for any of the following additional reasons: (1) ([ivefeieuwv'so] incompetency in performance of duties; (2) failure to comply with such reasonable requirements as the board of trustees of the employing scheol district may prescribe for achieving professional improvement and growth; (3) wiilM failure to pay debts; (4) habitual use of addictive drugs or hallucinogens; (5) excessive use of alcoholic beverages; (6) necessary reduction of personnel by the school district (such reductions shall be made in the reverse order of seniority in the specific teaching fields); [m] (7) for good cause as determined by the local school board, good cause being the failure of a teacher to meet the aooepted standards of conduct for the profession as generally recognizeu and applied in similarly situated school districts throughout Texa&" or (8) falur#by a person required to take an examination under Section 13.047 ofthis code to perform satAftorily on at least one examination under that section on or before June 30, 1986. SECTION 2. Section 13.112, Education Code, is amended by adding Subsection (e) to read as follows: (e) The board shall take such action as it deems lawful and appropriate and shall notify the teacher in writing ofthat action within 15 days following the conclus on of the hearing. SECTION 3. Section 21.203(b), Education Code, is amended to read as follows: (b) The board of trustees of each school district shall establish policies consistent with this subchapter which shall establish reasons for nonrenewal. Reasons for nonrenewal must include the failure of a person required to take an examination under Section 13.047 of this code to perform satisfactorily on at least one examination under that section on or before June 30, 1986. SECTION 4. Chapter 13, Education Code, is amended by adding Subchapter E to read as follows: SUBCHAPTER E CAREER LADDER Sec. 13.301. CAREER LADDER. (a) Each teacher shall be assigned to a career ladder level. (b) A teacher's career ladder level assignment Is based on performance, experience, job-related education, advanced academic training, and job assignments. (c) Career ladder levels are level one, level two, level three, and levelfour. Sec. 13.302. APPRAISAL PROCESS AND PERFORMANCE CRITERIA. (a) The State Board of Education shall adopt an appraisal process and criteria on which to appraise the performance of teachers for career ladder level assignment purposes. The criteria must be based on observable, job-related behavior, including teachers' implementation of discipline management procedures (b) The board shall solicit and consider the advice of teachers in developing the appraisal process and performance criteria. (c) In developing the appraisal process, the board shall provide for using not fewer than two appraisers for each apraisaL One appraisermust be the teacher's supervisor and one must be a person as approved by the board of trustees An appraiser who is a classroom teacher may not appraise the performance of a teacher who teaches at the same school campus at which the appraiser teaches unless it is impractical because of the number of campuses. The board also shall provide for a uniform training program and un(form certification standardsfor appraisers to be used throughout the state. The board shall include teacher selfappraisal in the process O LIXQU-.-W CALLED SESSION CHt n. SF.C. 111-A4 (d The Stem Board ofEducation shall develop or adopt and validate an assessment instrument may be administered to administrative and teachin personnelfor the purpose of evaluating the perfirmance of thoe personnel in the Jobsfor which they were hired. Te assessment process may: (1) be administered by or under the supervision of the Central Education Agency on a statew k ba' (2) provide opporniiesfor preparation and remediation; (3) provide reasonable opportunities for Individuals to attain an acceptable score set by the bo"r (4) Include provision for substitution of the results of alternative assessment instruments approved by the board- (i) be an Interalpart of the appraisal process Wd shall not be considered as a substitute for any evaluation by observation as may otherwise be required; and (6) be administered by local districts (e) It is the intent of Subsection (d) of this section that the assessment instrument described therein be used to assess speciftc skills primarily for the purpose of remediationand improvement. S) Appraisalfor teachers and administrators must be detailed by category of professional skill and characteristicand must provide for separate ratings per category. The appraisal process shall guarantee a conference between teacher and appraisers, or between administrator and appraisers, and the conference shall be diagnostic and prescriptive with regard to remediation as needed in overall summay of p rfomance by category and Identtf the required performance for advancement to the next eveL Sec. 13.101. LOCAL LOLi (a) Each school district shall use the appraisal process and perjoWce criteria devil!ped by the board In appraising teachers for career ladder level W he school district shall determine the number of appraisers used if the number is to exceed the minimum requir¢t (C) A raisal satllbe do*# not ftwer than two times during each school year. The performance of a teacher wha because qf unusual circumstances. is appraised only once in a particular year sAll be evaluated for carerladder purposes on the basis of a singlt appraisal See1.304. PARFORMANCE CA TEORIS.U In appraisals of teacher performance for reer ladder lel assignmentpur . performaeshall be evaluated in the same manner and under the same criteria regardless of leveL Performance shall be evaluated as: (1) unsatisfactory (if the teacher's performance is clearly not acceptable in some major area): (2) below expectations ((f the teacher's performance needs improvement in some major areas); (3) satisfactory (ifthe teacher's performance meets expectations): (4) exceeding expectations (ifthe teacher's performance excels in some major areas); or (5) clearly outstanding. Sec. 13.305. CLASSES OF TEACHING CER TIFICA TES (a) LEVEL ONE. A teacher who successfully completes the requirements of the probationary year as provided In Section 13.306 of this subchapter shall be granted a level one certificate. A level one certificate shall be valid for three full years from the date of recommendation by a school district and shall be renewable once for three additional years upon recommendation of the current or last employing school district and with completion of six semester hours at an institution of higher education in an approved program in the area of certification or teaching assignment, or with completion of 90 hours of advanced academic training as approved by the district, or an equivalent combination so that one semester hour of higher education course work is equivalent to 15 hours of academic training. (b)LEVEL TWO. A level two certificate shall be valid for five years from the date of recommendation by aschool district and shall be renewable. Requirements for the initial level two cert(ficate shall be asfollows: (1) possession ofa valid level one certqflcate; (2) completion of three years of teaching experience and a bachelor's degree, or two years of teaching experience and a master's degree, or one year of teaching experience with a doctorate; and (3) recommendation by the current or last employing school district. The level two certificate shall be renewable upon compliance with the following requirements: (1) possession ofa valid level two certiftcate; (2) completion of six semester hours of upper division or graduate studies course work beyond the bachelors degree in an approved program In the area of certification or teaching assignment, or completion of 90 hours of advanced academic training as approved by the school district, or an equivalent combination; and CH 316 I. 1114 " LEGIS-2d CALLED SESSION (3) moommendation by the current or last employing school districL (e) LEVEL THREE A level three certiftcate shall be valid for five years frm the date of recommendetin by a school district and shall be renewable. Requirements jbr the initial level the certi*ate shal be asfollows. (I) possson ofa valid level two cert0lcate; (2) completion ofeightyears of teaching experience and a bachelor's degree, orfive years of teaching experience and a master's degree, or three years of teaching experience and a doctort" and (3) recommendation by the current or last employing school district The level three cert~cate shall be renewable upon compliance with thefo lowing requirements. (1)pu on ofa valid level three certifcate (2) .owrpktn of six semester hours of upper division or graduate studies course work beyond the current certilcate requirements in an approved prgram in the area of certOtcation or teaching assignment, or completion of 90 hours of advanced academic training as approved by the school dstrict, or an equivalent combination; and (3) recommendation by the current or last employing school district. (d) MASTER TEACHER CERTIFICATE A master teacher certificate shall be valid for /(A, Requirementsfor the master teacher certficate shall be asfollows: (1) posesson of a valid level three cert~fcate (2) eleven yMr of teaching experience and a bachelor's degree, or eight ears of teaching experience an a master's degree, orfive years of teaching experience with a doctoraldegree in an approvedprogramofstudy and (3) recommendation by the current or lastemploying schooldistricL (o)A school district shall recommend a teacher for appropriate certufcate level if the teacher is evaluated satgf4btoir, exceeding expectation or clearly outstanding and meets the other reqirements p4W ed In this section. 51m, !1.306, PROBATIONARY YEAR. (a) The first year f teaching shall be probationary, with shefollowing requirements for a teacher to enter into an initial contractfor teaching: ;(Y completion of a baccaaureate degre, or other requirements as established by the State f ucation; (2) completion of an approved toachereducation program or admission into an alternative cert~lcation program; (3) recommendation by an approved institution of higher education; and (4) satIsfactory scores on a comprehensive examination as prescribed by rule of the State Board of Education under Section 13,032 of this codk (b)At the end of the probationary year, a teacher shall demonstrate satisfactory performance in every appraisal category in order to receive district recommendation for level one cert((lcation and entry to level one. (c) In the event that a first year teacher fails to perform satisfactorily iMeach category of apprsai, the probationary level may be extended to a second year upon recommendation of the districland the teacher shall be retained at the beginning salary level The district shall be required to prscribespecifc remediation for the second probationaryyear. (d) In the event that a probationary teacher fails to perform satisfactorily in each catigory of apraisl at the end of the second year, the teacher's contract shall not be renewed for one year and thereafter until such time as the teacher completes remedial instruction as recommended by the apprafal team that evaluated that teacher. Sec. 13.307. LEVEL ONE ENTRY (a) To enter level one, a teacher must hold a level one certOlcate. (b) A district may not renew the contract of a teacher who fails to achieve at least satisfactory performance during either ofthe first tvo years of experience at level one. Sec. 13.308. LEVEL TWO ENTPY. To enter level two, a teacher must have at least performance exceeding expectations during the preceding year and satisfactory performance the other year(s), hold a level two certificate, and must have: (1) a .A. or .S. degree, three years of teaching experience, and nine semester hours of igher education course work or 135 hours of advanced academic training or an equivalent combination so that one semester hour of higher education course work isequivalent to 15 hours ofadvanced academic training; or (2) an M.A. or M.S. degree in the subject taught and two years of teaching experience. Sec. 13.309. LEVEL THREE ENTRY To enter level three, a teacher must hold a level three certificate and must have: (1) at least performance exceeding expectations during three of the preceding four years and at least satisfactory performance during the other year, five years of teaching at level two, 66 LEGIS-Ub CALLED SESSION CH 28, SEC. III.A4 and six semester hours of higher education course work or 90 hours of advanced academic training or an quivalent combination so that one semester hour of higher education course work is equivalent to 15 hours of advanced academic training or (2) clerly outstanding performance during two of the preceding three years and at least satifctory performance during the other year, three years of teaching at level two, and three semester hours of training or an equivalent combination so that one semester hour of higher education course work is equivalent to 15 hours ofadvanced academic training. Sec. 13.31 LEVEL FOUR ENTRY To enter level four, a teacher must hold a master teacher cert(fceate and must have: (1) clearly outstanding performance during two f the preceding three years and at last satiactory p rformance during the other year, three years of teaching at or above level three, satifactoryperformance on the master teacher examination, and six semester hours of higher education course work or 90 hours ofadvanced academic training or an equivalent combination so that one semester hour of higher education course work is equivalent to 15 hours ofadvanced academic training; or (2) clearly outstanding performance during three consecutive years, two years of teaching at or above level three, at least satisfactory performance on the master teacher examination, and three semester hours ofhigher education course work or 45 hours ofadvanced academic training or an equivalent combination so that one semester hour of higher education course work is equivalent to 15 hours ofadvanced academic training. Sec. 13.31L LEVEL FOUR MAINTENANCE. (a) To remain at level four, a teacher must have: (1) clearly outstandin performance during two of every three years and at least satisfactory performance during the other year, been teaching In a classroom for not less than 60 percent of the school day, performance of two master teacher duties every three years, and three semester hours f higher education course work or 45 hours of advanced academic training or an equivalent combination so that one semester hour of higher education course work is equivalent to 15 hours of advancedacademic training or (2) clearly outstanding performance each year, been teaching in a classroom for not less than 60 percent of the school day, and performance of two master teacher duties every three year& (b) A teacher shall be reassigned from level four to level three if the teacher does not meet the requirements of this section. Sec. 13.312. LEVEL TWO OR THREE MAINTENANCE (a) A teacher shall be reassigned from career ladder level three to career ladder level two if the teacher has not better than satisfactory performance at level three for two consecutive yearz (b) A teacher shall be reassigned from career ladder levels three or two, as applicable, to career ladder level one ifthe teacher's performance Isbelow expectations. (c) In the event that a school district determines that reassignment to a lower level resulted from performance appraisals that were influenced by extraordinary personal circumstances and the teacher receives a clearly outstanding performance appraisal in the year following reassignment, the school district may reinstate the teacher to the former level. In any other case, a teacher reassigned under this section may reenter higher levels only by requalOing under the performance standards for entry into the higher levels Sec. 13.313. REASSIGNMENT OF DUTIES. If a school district reassigns a teacher to another grade level or another subject over the objections of the teacher, the teacher may not be reassigned to a lower career ladder level on the basis ofperformance appraisals during the ftrst three years in which the teacher teaches the new grade level or subject. Sec. 13.314. OUT-OF-STATE TEACHERS ENTERING CAREER LADDER P#RO- GRAM. A teacher who holds a teaching certificate from another state may enter the career ladder program at the level assigned by the school district, at the commensurate salary step, under a probationary contract, with the following requirements: (1) at the end of the ftrst year teaching in the state, the teacher must meet the requirements as established for that level, other than the requirement for the prior certificate held; (2) in the event that such requirements are not met satisfactorily, the teacher shall be maintained at the level below assignment with no salary step increase; and (3) failure to achieve satisfactory requirements after the end of the second year of teaching shall result in termination of contract. Upon satisfactory achievement of level requirements, the district may recommend certification for that level as established in Section 13.303 of this chapter. Sec. 13.315. HIGHER EDUCATION COURSE WORK AND ADVANCED ACADEMIC TRAINING. (a) Higher education course work and advanced academic training must relate to the general subject area taught and must be accredited by the board. CH ^, Me reA4 Cth LEGIS-2nd CALLED SESSION 0) 1* board shall include classroom management training among the advanced academic trtinsig it accredts and shall spec(i5 the amount of classroom management training required at each l/vL Sr. 1.316. MASTER TEACHER COMPREHENSIVE EXAMINATION. (a) The board shall promulgate rules for the active participation of classroom teachers in developing and determining thealevel idralnistering comprehensive master ofperfornsance thatteacher examination isconsidered and The satisfactory. shallboard adopt guidelines shall for promulgate resfor the active participation of school librarians in developing and administering an examination to be given to public school librarians and shall adopt guidelines for determining the level ofpefrance that s considered satisfactory. b) Tie examination must include oral and written tests and other assessment Instruments. $*A 13.317. MASTER TEACHER DUTIES. The board shall define master teacher du- tes Among the duties that must be included are supervising student teachers; acting as team leader, mentor, or department chairman; conducting advanced academic trainin; and assessing level four candidates The master teacher shall be, insofar as is practicable, maintained in the classroom and shall not be assigned duties of an administrator. However, this provision shall not prohibit the master teacher from serving on an evaluation team. Sec. 13.31& APPRAISAL ON BASIS OF CLASSROOM TEACHING PERFORMANCE. A teacher who directs extracurricular activities in addition to performing classroom teaching duties shall be appraisedonly on the basis of classroom teaching performance and not on performance in connection with the extracurricular activities Sec. 13.3)9. FINALITY OF DISTRICT DECISION. A decision of the district isfinal and is subject to appeal only (f the decision of the district was arbitrary and capricious or made in bad faith Sm 13.20 NOT PROPERTY RIGHT. A teacher who has earned a level one, level two, level three, or master teacher certificate in accordance with this chapter has a right to retain that certWfcate until it has expired or is duly suspended, revoked, or otherwise removed in accordance with law. However, assigment to career ladder level one, level two, level three, or level four is neither a property right nor the equivalent of tenure. Se. 13.321. TRANSFER BETWEEN DISTRICTS (a) A teacher is entitled to transfer a career ladder level assignment between districts, and a district may recognize the appraisal of a district previously employing the teacher In determining a career ladder level assignment. (b) A teacher may waive entitlement to a particular career ladder level assignment when changing employment from one district to another. Sec. 13.322 CREDIT RETAINED. A teacher is entitled to retain credit given before the effective date of this subchapter for higher education course work or advanced academic training. A teacher is also entitled to be given credit for higher education course work or advanced academic training begun before and in progress on the effective date of this subchapter if the teacher would have been given credit for the course if it had been completed before that date. Sea 13.323. EFFECT ON OTHER RIGHTS Nothing in this subchapter affects a teacher's effects to ihts challengerights a teacher's nonrnewol of a discharge to challenge contract under duringSubchapter , Chapter the year, dismissalat the2),end ofofthis thecode, year, or or the return to probationary contract status under Subchapter C, Chapter 13, of this code, or affects a teacher's right to present grievances under Chapter 13, Acts of the 50th Legislature, Regular ession, 1947 (Article 5154c, Vernon's Texas Civil Statutes). SECTION S. (a) Notwithstanding the requirements of Subchapter E, Chapter 13, Education Code, as added by this Act, for the 1984-1985 school year each teacher shall be assigned to level one or level two on the career ladder. A teacher may be assigned to level two if the teacher has the years of experience (without regard to experience at a particular career ladder level) and education (including courses and training for which the teacher retains credit under Section 13.322, Education Code) required to enter level two. The determination of a teacher's eligibility to enter level two under this subsection will be made by a committee or committees appointed by the school district. Each committee shall include one principal, one person from central administration who has direct responsibility for personnel, and one other administrator. This thrmemember committee shall designate two teachers as level two teachers who shall then become members of the committee for purposes of review of all remaining teachers. The committee shall consider a teacher's past performance as a criterion for placement on level two. (b) A teacher may enter level two in the 1985-1986 or the 1986-1987 school year if the teacher has the years of experience (without regard to experience at a particular career ladder level), education (including courses and training for which the teacher retains credit under Section 13.322, Education Code), and performance appraisals required to enter level two. 68th LEGIS-2nd CALLED SESSION CH 28, SEC. III-C3 PART B. TEACHER RETIREMENT SECTION 1. Section 13.003, Education Code, is amended to read as follows- Sec. 13.003. RETIREMENT. Retirement of teachers and other personnel is governed by Subtitle D, 77tile 10B, Revised Statutes [Gheper3oef this eede]. SECTION 2. (a) A person receiving an annuity from the Teacher Retirement System shall be entitled to an increase in monthly payments if the date of retirement or death of the member on whose account the benefit is based occurred on or before August 31, 1982. The increase shall not apply to survivor's benefits or to disability retirement benai,,for persons with less than 10 years of creditable service with the retirement system. The an iount of the increase shall be: (1) 9.5 percent if the date of retirement (or date of deth in the case of death benefit annuities) occurred on or before August 31, 1970; (2) 5 percent if the date of retirement (or date of death in the case of death benefit annuities) occurred after August 31, 1970, but on or before August 31, 1975; (3) 4 percent if the date of retirement (or date of death in the case of death benefit annuities) occurred after August 31, 1975, but on or before August 31, 1978; (4) 3 percent if the date of retirement (or date of death in the case of death benefit annuities) occurred after August 31, 1978, but on or before August 31, 1982. (b) The increases provided by this section shall not apply to annuities calculated on an average compensation factor that exceeded $25,000. (c) The increase provided by this section shall begin with the payment due at the end of August, 1984. (d) The increases provided in this section shall be funded by and are conditioned upon the restoration to the retired reserve account of the amounts released from that account by the increase in the assumed rate of earnings adopted by the State Board of Trustees of the Teacher Retirement System of Texas on March 16, 1984. PART C. TEACHER AND ADMINISTRATOR TESTING AND CERTIFICATION SECTION 1. Section 13.032(e), Education Code, is amended to read as follows: (e) The State Board of Education by rule shall require satisfactory performance on a competency examination of basic skills prescribed by the board as a condition to admission into an approved teacher education program. In addition, the board by rule shall require satisfactory performance after graduation from an in-state or out-of-state teacher education program on a comprehensive examination prescribed by the board as a condition to full certification as a teacher and shall require satisfactory performance on a separate examination prescribed by the board as a condition to certification as a superintendent or other administrator. The board shall prescribe an examination designed to test knowledge appropriate for certification to teach primary grades and an examination designed to test knowledge appropriate for certification to teach secondary grades. The secondary teacher examinations must test knowledge of each examinee in the subject areas listed in Section 21.101 of this code in which the examinee will be certified to teach. The administrator examinations must test administrative skills and knowledge in subject areas and other matters as the board considers appropriate. The board, in conjunction with school districts, shall provide candidates for teacher or administrator certification with an opportunity for board-developed preparation for the certification examination. The board may limit the number of times a candidate for certification who fails to perform satisfactorily on the certification examination may retake it, but each candidate must be given more than one opportunity to perform satisfactorily. The board shall prescribe the method of determining the satisfactory level of performance on a test under this subsection. SECTION 2. The State Board of Education shall provide for administering the certification examination required by this part not later than the beginning of the 1985-1986 school year. SECTION 3. Subchapter B, Chapter 13, Education Code, is amended by adding Section 13.047 to read as follows: Sec. 13.047 EXAMINATION FOR TEACHERS AND ADMINISTRATORS NOT TAKING CERTIFICATION EXAMINA TIONS. (a) The board shall require satisfactory performance on an examination prescribed by the board as a condition to continued certification for each teacher and administrator who has not taken a certification examination under Section 13.032(e) of this code. (b) The board shall prescribe an examination designed to test knowledge appropriate to teach primary grades and an examination designed to test knowledge appropriate to teach secondary grades. The secondary teacher examinations must test the knowledge of each examinee in the subject areas listed in Section 21.101 of this code in which the examinee is certified to teach and is CHa a M0 Gt LEGIS-2nd CALLED SESSION taing. If a teacher Is not tested in an area of certification, the teacher must take the examination for that area within three years after beginning to teach that subject. The admhitrator examinations must test administrative skills knowledge in subject areas, and other mattore that the board considers apprpriate. The examinations must also test the ability of the examinetw road and write with sufficient skill and understanding to perform satisfactorily as a PWoxw "who or adminstrator. (, 1 =W- n te mmnaiou the board shall solicit and consider the advice of classroom (d) Bach teacher mut perform satifactorily on the applicable examination on or before June 3G4 10 to teach the subject at a particular lvel unless a school district establishes to the taftlon of the commimioner of education that there is emergency need. A teacher may not teach u"dera determination of emergency need for more than one school year. (c) The board, in cojnction with school districts, shall provide teachers and administrators %% ,lXo rtmt for boarddeveloped preparation for the examinations, including an 0P4 Xhit remedil alt (0 The board may limit the number of times a teacher or administrator who fails to perform satuKtorily on an examination may retake it, but each teacher must be given more than one oppmoiunity to perform satisfactorily. The board shall determine the level ofperformance that is satigfcto. (j) Tm board may exempt from the examination required by this section any person who, bfre, the examination adopted under this section Is prescribed, performed satisfactorily on an examination administered by an employing district If the board finds the examination to be substattialy the same or at lest as d It as the examination prescribed by the board. SO flON 4, The exasinations prescribed by Section 13.032(c) and Section 13.047 of the Eduation Code are the only examinations allowed to be utilized for the purpose of testing tcher and administrator oompetency. PART 1). MINIMUM TEACHING DUTIES UNCTION 1. Subchapter Z, Chapter 13, Education Code, is amended by adding Section 13.907 to read as follows: Sec. 13.907. MINIMUM TEACHING DUTI7E7Sach teacher, including a teacher who diroct extracurricular activities, shall teach in the classroom not less than four hours each school day. PART E. SUPERVISOR TRAINING AND CERTIFICATION SWTION I. Subchapter Z, Chapter 13, Education Code, is amended by adding Section 13.908 to read as follows: Sec. 15.90. SUPER VISOR TRAINING AND CERTIFICATION. (a) The State Board of Education shall provide for training individuals who supervise teachers. Among the areas of supervisory rerining that shall be emphasised are communication, counseling, goal-setting, and teacher review. (b) The board shall adopt a procedure for certifying individuals who have been trained in supervising teachers. PART F. DUTIES OF ADMINISTRATORS SECTION 1. Chapter 13, Education Code, is amended by adding Subchapter F to read as follows: SUBCHAPTER F SUPERINTENDENTS AND PRINCIPALS Sec. 13.351. SUPERINTENDEN7S. (a) The superintendent is the educational leaderand the administrative manager of the school district. (b) The qualifications for certification as a superintendent must be sufficiently flexible so that an outstanding educator may qualif by substituting approved experience and professional training for part of the educational requirements. Sec. 13.352. PRINCIPALS. (a) The principal of a school is the instructional leader of the school and shall be provided with adequate training and personnel assistance to assume that role. Within guidelines established by each district administration, the principal shall organize the leadership structure in each school by using senior and master teachers and school administrators to develop instrumentalteams. (b) The qualfication for certification as a principal must be sufficiently flexible so that an outstanding teacher may qualify by substituting approved experience and professional training for part of the educational requirements. Supervised and approved on-the-jo experience in addition to required internship shall be accepted in lieu ofclassroom hours. 40b LEGIS--ud CALLED SESSION CH 28, SEC. 111-HI (C) An employment contract for a principal must be for either 11 or 12 months so that the principal has adequate time for planning and preparation. (d) Each principal shall: (1) participate Inthe selection of teachersfor that principal's campus" (2) set specfic education objectives for his campus, involving staff in the planning process; (3) develop budgets for his campus; and (4) work with school professionals to prepare individualdevelopment plan& (e) Th#e board of trustees of each district shall adopt a policy that providesfor selected principals to perte liclly give verbal reports to the board. Sm 13.353. MANAGEMENT SKILLS AND PRACTICES. (a) Each school district shall offer In-service training in management skills for district administrators, Including principals and super(ntendentL The programs must be consistent with standards or models adopted by the State oard of Education and must be flexible and draw from a variety of offerings both in and out of state. (b) Each principal and superintendent shall attend the in-service training and continuing education in management as required by rule ofthe State Board ofEducation. (c) The training and education required by this section must emphasize the methodology for general management, instructionalleadership, and teacher evaluation. (d) The State Board ofEducation by rule shallprovide for substituting management training or experiencefor part ofthe qualatons for certifcation as a principal or superintendent. PART 0. MANAGEMENT TRAINING PILOT PROGRAM SECTION 1. (a) The State Board of Education shall develop a pilot program to provide a training course for school superintendents and principals in management techniques. (b) in planning the program, the board shall consult the business department or college of the accredited institution of higher education in this state that the board determines is the most appropriate for assisting with the program. The board shall also solicit comments and suggetions regarding the development and content of the program from: (1) each college of education of an accredited institution of higher education in this state; and (2) each association or organization that represents superintendents or principals that the board determines is interested in the program. (c) The business department or college consulted under Subsection (b) of this section shall present the training course not later than September 1, 1985. The course shall consist of two to four weeks of instruction involving at least 100 superintendents and principals selected from a cross.eton of the state's school districts with respect to size, location, wealth, student population, and other factors that the board determines are relevant. The course must provide instruction in various areas of management skills and techniques essential to the effective administration of the schools, including: (I) organization; (2) personnel management; and (3) accounting. (d) This section expires June I, 1987. SECTION 2. (a) The board shall report to the Regular Session of the 69th Legislature regarding the progress of developing the management training pilot program established under Section ?of this part. (b) The board shall report to the Regular Session of the 70th Legislature following completion of the pilot program. The report must include the board's conclusions regarding the suucess of the program and necessity of implementing a similar program permanently. SECTION 3. The legislature may appropriate funds for the implementation of a management trainin $50,OO0. pilot program established under Section 1 of this part in an amount not to exceed PART H. ALTERNATIVE CERTIFICATION; NONCERTIFIED INSTRUCTORS SECTION 1. Subchapter B, Chapter 13, Education Code, is amended by adding Section 13.035 to read as follows: Sec. 13.035. AL TERNA TIVE CERTIFICATION. (a) The State Board of Education by rule shall provide for the certification of persons who are not graduates of teacher education programs. (b) The rules must provide for the persons being certified to satisfactorily complete: (1) any examinations required generally for certification, except that a person certified under this section shall be exempted from taking any examination or portion of an examination CH S, m.H 06th LEGIS-2nd CALLED SESSION that is d4%ed to test knowledge of pedogogical methods, history of education, or child p0c oa (2) a one-year internshipunder the supervision of an experienced, certf/ed teacher" (3) tawhg method and classroom management training prescribed by the board; and (4) an appropriate number of semester hours credit, as determined by the State Board of Education, bfm an accredited institution of higher education and in the area in which the person Is to seachng. (c) The inernship provided for by Subsection (b)(2) of this section is a year of teaching eeencefor purposes ofthe careerladder. SWKTON 2. Chapter 13, Education Code, is amended by adding Subchapter 0 to read as fblows: SUECHAPTER 0. TECHNOLOGY EDUCATION PROGRAMS IN PUBLIC SCHOOLS See 13.301. STATE POLICY. (a) The legislaturefinds that the economic well-being of Texas and the United States, including our competitiveness in nationaland world markets, is increasingly deendent on technology and will require a citizenry that possesses general and specufc skills in mathematics, science, computer science, and related technologicalsubjects. The public schools are responiblefor impartingthese skills to students but are increasinglyunable to meet this obligation successfully because of a decline in the number ofquaified and certfed persons seeking to teach thes subjects (b) It is the purpose of this subchapter to increase the abillt of local school districts to provide seondarystudents with quality instruction in mathematics,science, computer science, and related technologicalsubject& Therefore, local school districtsare authorizedand encouragedto establish programsto cooperate with the business community and with other educationaland governmental institutions to recruit qualfed persons who will provide secondary students with the skills and trainingessentialfor the technologicalage. Sec, 13.502. ESTABISHMENT OF LOCAL PROORAM& (a) The board of trustees of a school district may develop and implement a program for employing qual(fed but noncertfled persons to teach mathematics, science, computer science, and related technologicalsubjects in the secondary schools of the district. (b To establish such a program, the boardof trusteesshall approve a comprehensive plan that shl Icude. (1) a statement of the needA goals, and priorities of the school districtfor expanding secondary instruction in mathematics, science, computer science, and related technological subect" (2) a description of the methods by which the school district will select, supervise, and evaluatenoncertified instructors; (3) a description of the specifc subjects and activities to be taught in the district by noncertUledinstructors; (4) a description of the district'scompensationplan for noncertfled instructors; (5) a description of the use the district intends to make of the resources of the business community and other educationalandgovernmental institutions;and (6) a description of the district's in-service trainingprogramfor noncertified instructorsto improve theirknowledge of appropriateinstructionalmethods. (c) The board of trustees may modif or abolish the district'scomprehensive plan at any time. (d) A school district shall submit a copy of its comprehensive plan to the commissioner of education. The commissioner of education shall review and approve or reject the comprehensive plan consistent with the intent expressed in the legislation. The commissionermust affirm or reject the applicationwithin 30 day& The commissionershall make copies ofa district'splan availableto other districts upon written request. The Central Education Agency shall provide technical assistance in implementing the comprehensive plan when requested to do so by a school district. Sec. 13.503. REQUIREMENTS FOR NONCERTIFIED INSTRUCTORS. (a) To be eligible for employment as a noncertifledinstructor,a person must have at least a bachelor'sdegree from an accredited institution of higher education, with a concentration in the subject area to be taught. A school district may require additional qualificationsfor instructors, including, but not limited to, work experience in afield relatedto the subject area to be taught. (b) A noncertifled instructor may not teach more than three classes per day during any semester. A noncertiied instructor's compensation may not exceed the number of courses he teaches divided by the normal instructional course loadfor a secondary teacher in the district, multiplied by the district'sminimum salaryfor a certf/ed teacher with a bachelor's degree. Such compensation shall be paid to the noncertified person, or to any other person, partnership, 6th LEGIS-2nd CALLED SESSION CH 28, SEC. lll-J2 corporation, or institution designated in writing by the noncertified person. This subsection does not apply to a noncertifed instructor who is teaching in the public schools as part of a teacher training program in an accredited institution of higher education. (c) A noncertifed Instructoris not eligible for any of the benefits available to a certified teacher In the district, Including participation in the Teacher Retirement System of Texas. However, a noncertifed Instructor is Immune from personal liability for acts and omissions in the scope of employment to the same extent that a certified teacher is immune from such liability, and a district may Insure a noncertifed instructor against liabilityfor acts and omissions in the scope of employment to the same extent as it insures Its certified teachers from such liability. (d) A noncertified instructor may be terminated whenever the board oftrustees determines that the best interests ofthe school district are served thereby. A noncertified instructor does not acquire a property Interest in continued employment in a school district and may not appeal a termination decision ofa board of trustees to the commissioner ofeducation. (e) Any course taught by a noncertifed instructor shall count toward fulfilling a student's graduation requirements if It would count iftaught by a certified teacher. (0 As a condition of employment, a board of trustees may require a noncertified instructor to meet with parents or guardians of students on a reasonable basis to discuss students' grades or progress in courses taught by the noncertified instructor. Sec. 13.504. LIMITATION ON EMPLOYMENT OF NONCERTIFIED INSTRUC- TORS. Implementation ofa program under this subchapter shall not result in the displacement of any certified person qualified to teach such courses. In implementing a program, preference in hiring and retention shall be given to certified persons qualified to teach such courses. A school district may not employ a noncertifed instructor beyond the end of a semester to teach any course for which a qualifed and certified teacher is available and has a current application for employment on fle with the district. Sec. 13.505. FUNDING OF LOCAL PROGRAMS. A school district may use any federal, state, or local funds not specifically dedicated to another purpose by statute or contract to implement the provisions of this subchapter. Sec. 13.506. SUPERIORITY OF THIS SUBCHAPTER. To the extent that this subchapter conflicts with any other provision relating to the training or employment of teachers, this subchapter governs. PART I. PERIOD FOR CLASSROOM PREPARATION SECTION 1. Section 13.902, Education Code, is amended to read as follows: Sec. 13.902. PLANNING AND PREPARATION TIME.[ Publie sebeee sH be te"M for frt less t- sewn houess ee ds- "w intemission eesse, Each teacher actively engaged in the instruction of children shall have at least one period of not less than 45 minutes within the seven-hour [sehedtk.le] school day for parent- teacher conferences, reviewing students' homework, and planning and preparation. During that time, a teacher may not be required to participate in any other a:tivity. "i" emTheton of the pse'vigiens of "h seetien shel "e4 result int a PART J. TEACHER EDUCATION PROGRAMS SECTION 1. Section 13.032(d), Education Code, as added by Chapter 8, Acts of the 67th Legislature, Regular Session, 1981, is redesignated as Section 13.032(h), to read as follows: (h) [(+] The State Board of Education by rule may fix and require payment of a fee as a condition to the issuance of a teaching certificate. The fee must be reasonable and designed to cover the administrative costs of issuing the certificate. The board may adopt a different fee for each class of certificate issued. The commissioner of education shall periodically review and recommend adjustments in the level of fees required under this subsection. SECTION 2. Subchapter B, Chapter 13, Education Code, is amended by adding Sections 13.033 and 13.034 to read as follows: Sec. 13.033. TEACHER EDUCATION PROGRAM ACCREDITATION SANC- TIONS. (a) If the commissioner determines that a teacher education program fails to meet any accreditation standard prescribed by rule of the State Board of Education, the commissioner shall give confidential notice of the standard not met to the chief administrator of the program and to any accreditation committee of the board of regents of the institution. If the deficiency is not corrected within a reasonable time, as determined by the commissioner, the commissioner shall give public notice of the deficiency to the board of regents. If the deficiency remains uncorrected after a reasonable period of time, the commissioner shall recommend to the State Board of Education that the program be placed on probation. CH 28, SEC. l11-42 68th LEGIS-2nd CALLED SESSION (b) The State Board of Education may place a teacher education program on probation for a period of 24 months. The fact that the program is on probation must be published In any admissions catalogue concerning the program. (c) During the probation, the program must signiflcantly reduce the number of students graduatingfrom the program as determined by rule ofthe State Board of Education. (d) If the program has not satisfied accreditation standards by the end of the probationary period, the State Board ofEducation shall revoke the program's accreditation. A student enrolled In the program before accreditation is revoked may not be disqualified from cert(ifcation on the basis of this subsection. (e) The State Board of Education may reinstate the accreditation of aprogram after the board determines that the program meets accreditation standards. Sec. 13.034. ANNUAL PERFORMANCE REPORT. (a) Each teacher education program shall submit to the State Board ofEducation an annual performance report concerning the quality of teacher education offered by the program. The report is public information. (b) The report shall be In the form and contain the elements required by the board. At a minimum, the report must Include the following Information: (1) the number of students admitted to the program; (2) the performance of students In the program on any required professional skills test; (3) the number of students admitted to student teaching;" (4) the number of students completing the program and their performance on any required exit test; (5) the employment success ofgraduates flvm the program; (6) the use ofstatefunds In the program; and (7) other matters as required by rule ofthe board. SECTION 3. Subchapter B, Chapter 13, Education Code, is amended by adding Section 13.048 to read as follows: Sec. 13.048. OPERATION OF AN ACCREDITED SCHOOL (a) Each institution offering a teacher education program may contract with an accredited school to employ program instructors and students In the regular operation of the accredited school If practicable, the program shall completely operate the school but the school remains under the general governance of Its board of trusteet (b) The State Board of Education shall adopt any rules necessary for Implementing and carrying out this section. SECTION 4. Chapter 51, Education Code, is amended by adding Subchapter K to read as follows: SUBCHAPTER K. PRIVATE DONOR RESEARCH FUND Sec. 51.551. PURPOSE. The purpose of this subehapter is to establish a private donor research fund to encourage donations from the private sector to support research and development in teacher education and teaching. Sec. 51.552. FUND. (a) A special fund to be known as the private donor research fund is created In the state treasury. (b) The fund shall be administered by the State Board of Education. (c) Biennially, the legislature may appropriate general revenue to the fund In an amount not to exceed the amount ofdonations to the fund during the preceding biennium. (d) In addition to donations from private sources and appropriations by the legislature, the board shall solicit moneyfor the fund from the federal government. Sec. 51. 53. USE OF FUND. (a) The board shall develop concepts for research projects in the areas of teacher education and teaching and shall assign each research project, together with the amount of money from the fund necessary to implement the project, to an approved teacher education program of an institution of higher education or to a school district, as appropriate. (b) The board shall adopt guidelines to ensure it assigns projects and distributes money from the fund equitably among teacher education programs and equitably among school districts. In addition, the board shall adopt standards and timetables for the projects it assigns and shall periodically review the progress of the projects. SECTION 5. Notwithstanding Section 51.552, Education Code, for the biennium beginning September 1, 1985, the legislature may appropriate not more than $5 million in general revenue to the private donor research fund created by that section. 68th LEGIS-2nd CALLED SESSION CH 28, SEC. III-K2 PART K. EDUCATIONAL AID FOR TEACHERS SECTION 1. Section 52.40, Education Code, is amended to read as follows: Sec. 52.40. CANCELLATION OF CERTAIN LOAN REPAYMENTS. (a) The board may cancel the repayment of a loan received by a student who earns a professional doctor of medicine degree or a doctorate of psychology degree and who is employed by the Texas Youth Council, State Department of Public Welfare, Texas Department of Corrections, or Department of Mental Health and Mental Retardation prior to the date on which repayment of the loan is to commence. (b) The board shall cancel the repayment of a loan received by a student after his or her entry to an accredited teacher education program if the student earns certification in an area designated by the State Board of Education to be an area or field of acute teacher shortage and the student teaches in that area orfield in the elementary and secondary schools of Texas. Only those students whose loans have never been in default .hall be eligible to participate in the provisions of this section. (c) [Oi ] A person who wishes to apply for a loan cancellation shall enter into a contract with the board which contains the following provisions: (1) No payment is due from the person as long as he is employed by one of the designated state agencies or teaches in an elementary or secondary school of Texas in an area or field designated by the State Board ofEducation. (2) Half of the total amount of the loan plus interest due is to be cancelled after two years of the appropriate service [44th a desi, -- ed state ageney], and the remainder is to be cancelled after two additional years of service. (3) Repayment of the loan and interest is to commence immediately if the person leaves the designated state agency or ceases teaching in a designated area or field before the expiration of two years; repayment of one-half of the loan and interest is to commence immediately if the person leaves the designated state agency or ceases teaching in a designated area or field after completing two years service; upon completion of four years service, the loan, principal and interest, shall be fully cancelled. (4) Interest continues to accrue until the loan is cancelled or repaid. (d) Loans and interest on loans may be cancelled under the Texas Opportunity Plan Fund in any year in a total amount not to exceed the amount appropriated for that purpose from general revenuefundi [ J--F' q-'i.tshe& he !eg'-lettwe to the eev qt.-".t, 4f Fer I pe. t e e st, esseele a pucs -,-t to the ps',; n 4 &. this seef o eq ato the oese nM (e) [(*-] The board shall publicize the availability of the loan cancellation procedures provided in this section at all institutions of higher education which offer a teacher education program or graduate programs in medicine or psychology. SECTION 2. Title 3, Texas Education Code, is amended by adding Chapter 60 to read as follows: CHAPTER 60. LOAN PROGRAM FOR STUDENTS PREPARING TO TEACH SUBJECTS FOR WHICH TEACHERS ARE CRITICALLY NEEDED SUBCHAPTER A. ADMINISTRATIVE AND FUNDING PROVISIONS Sec. 60.01. ADMINISTRATION. The Coordinating Board, Texas College and University System, shall administer the student loan program authorized by this chapter. Sec. 60.02. DELEGATION OF POWERS AND DUTIES. With the exception of powers and duties relating to the letting of contracts for insurance, the coordinating board may delegate its powers and duties under this chapter to the commissioner of higher education. Sec. 60.03. FUTURE TEACHER LOAN FUND. (a) A revolving fund is established in the state treasury to be known as thefuture teacher loan fund. Money from the fund may be used only for making loans to eligible students as authorized by this chapter. The fund consists of money appropriated by the legislature for deposit in the fund and payments ofprincipal of and interest on loans made from the fund. (b) The principal of loans repaid under this chapter and the interest accruing on those loans shall be deposited to the credit of the future teacher loan fund. [Sections 60.04-60.10 reserved for expansion] SUBCHAPTER B. STUDENT LOANS Sec. 6U'). ELIGIBILITY The coordinating board may authorize a loan from the future teacher loan fund established under Section 60.03 of this chapter to a student who: CH U8, SEC. II-.F2 68th LEGIS-2nd CALLED SESSION (1) is a resident of this state, as determined under Subchapter B, Chapter 54, of this code; 12) has been accepted for admittance into a teacher education program approved by the St, te Board of Education; . (3) has established under criteria adopted by the State Board of Education that he is preparing to teach a primary or secondary grade subject considered to be in critical need of teachers under rules adopted by the State Board ofEducation; (4) has a grade point average equivalent to at least a 3.0 on a 4.0 scale on the basis ofgrades in courses taken at an institution ofhigher education and completed not later than the semester before the semester In which the loan determination is made; (5) has established that he is unable to filly fnance his studies In the approved teacher education program to which he has been acceptedfor admittance; and (6) has complied with any other requirements established by rules adopted by the board under this chapter. Sec. 60 2. AMOUNT OF LOAN. The amount of a loan made to a student under this chapter may not excee: (1) the dyference between: (A) the amount of the financial resources available to the student, including, but not limited to, the Income he can reasonably be expected to earn, any income from parents or other individual%and any scholarships, gift, grants, or other financialaid he receives; and (B) the amount necessary to pay his reasonable expenses as a student in the teacher education program to which he has been accepted for admittance; or (2) an amount the student can reasonably be expected to repay in a period offive years after the date on which he is last enrolled in an approved teacher education program. Sec 6A13. TERM OF LOAN. The term of a loan authorized under this chapter may not exceed a period of 10 years after the date a student is last enrolled in an approved teacher education program, unless the term is extended under Section 60.17 of this chapter, and must be for the period that the coordinating board determines to be the shortest period possible. Sec 60 14. LOAN INTEREST. (a) The coordinating board shall flx the interest to be charged for a student loan (b) The coordinating board shall postpone interest as long as a student is enrolled in an approved teacher education program and may postpone interestas long as a student Is enrolled at any institution f highereducation. (c) Despite a postponement granted under Subsection (b)ofthis section, the total interest due on a loan remains at the amount fixed at the time the note evidencing the loan was executed Se. 60.11 INSURANCE (a) The coordinating board may contract with any insurance company licensed to do business in this state for Insurance on the l(fe of a student borrower in an amount sufficlent to retire the principal and interest owed under a loan made under this chapter. (b) The student borrower shall pay the cost ofthe insurance. (c) A contract for Insurance under this section may be approved by the coordinating board only during a regular meeting attended by a quorum ofthe total board membership. Sec. 6a 16. PA YMENTS TO STUDENT. (a) A payment may not be made to a student unless the student has executed a note payable to the future teacher loan fund for the full amount of the authorized loan plus interest. (b) For the purposes of this chapter, a student has the capacity to contract and is bound by any contract executed by him. The defense that he was a minor at the time he executed the note is not available in any action arising on the note. (c) Payments to a student executing a note may be made annually, semiannually, quarterly, monthly, or for each semester, depending on the demonstrated capacity of the student to manage his financia!affairs. Disbursements may be made by the coordinating board or by an institution of higher education In which the student is enrolled and that is under contract with the board to make the disbursements (d) Funds may not be distributed to an institution of higher education except to make payments to a student under a loan authorized by this chapter. Sec. 60. 1Z REPA YMENT OF LOANS. (a) Unless the coordinating board authorizes a longer period, repayment ofa loan and interest shall begin not later than aperiod of nine months after the date the student borrower is last enrolled In an institution of higher education or a period offive years after the date of execution of the first note evidencing the loan, whichever period is shorter. The board may authorize a longer period before repayment must begin to students seeking professional or graduate degrees. With the approval of the attorney general, the board may also authorize a longer period before repayment must begin to those with unusualfinancial hardships. (b) Repayment of the loan and interest on the loan shall be made in monthly installments. (c) Repayment shall be made directly to the coordinating board. 68th LEGIS-2nd CALLED SESSION CH 28, SEC. III-K2 Sec. 60.18. DEFAULT; SUIT (a) If a person who has received a loan authorized by this chapter has failed to make as many as six monthly payments due in accordance with an executed note, the full amount of the remaining principal and interest becomes due and payable immediately, and the coordinating board shall report to the attorney general the amount due, the person's name, his last known address, and other necessary informatio. (b) Unless the attorney general finds reasonablejustification for delaying suit and so advises the coordinating board in writing the attorney general or any county or district attorney acting for the attorney general shall institute suit for the amount of principal and interest outstanding in the county otheerson 's residence, the county in which is located the institution at which the person was last enrolled, or in Travis County. The attorney general, as a prevailing party, is entitled to recover and collect reasonable attorney's fees and court costs on behalf of the state, and when collected, one-half of the fes are to be used to establish a fund in the attorney general's office for the collection of revenues owed to the state and one-half is to be deposited into the general revenue account of the state treasury. Sec. 60.19. CANCELLATION OF CERTAIN LOAN REPA YMENTS. (a) Before repayment is to begin, the coordinating board may cancel the repayment of a loan received by a student who is employed by a school district in this state and is teaching a subject considered to be in critical need of teachers under rules adopted by the State Board ofEducation. (b) A person who wishes to apply for a loan cancellation must enter into a contract with the coordinating board that provides the following: (1) a payment is not due from the person as long as he is employed by a school district in this state and is teaching a subject considered to be in critical need of teachers under rules adopted by the State Board of Education; (2) half of the total amount of the loan plus interest due is to be canceled after the person has taught a subject considered to be in critical need of teachers for two school years, and the remainder is to be canceled after the person has taught a subject considered to be in critical need of teachersfor two additional school years; (3) repayment of the loan and interest is to begin immediately (f the person leaves employment with a school district in this state or discontinues teaching a subject considered to be in critical need of teachers before the end of two school years after the date the person began teaching; (4) repayment of one-half of the loan and Interest is to begin immediately ;f the person leaves employment with a school district in this state or discontinues teaching a subject considered to be in critical need of teachers before the end offour school years after the date the person began teaching; (5) on completion of the required four years of teaching, the loan, principal and interest, shall be fully canceled; and (6) interest continues to accrue until the loan is canceled or repaid. (c) The coordinating board shall publicize the availability of the loan cancellation procedures provided by this section at institutions of higher education that offer approved teacher education program [Sections 60.20-60.30 reserved for expansion] SUBCHAPTER C MISCELLANEOUS PROVISIONS Sec. 60.3). RULES. (a) The coordinating board shall adopt rules to achieve the purposes of this chapter. (b) The coordinating board may adopt rules necessary for participation in the federal guaranteed loan program provided by the Higher Education Act of1965. Sec. 6a32. ANNUAL REPORT. (a) The coordinating board shall make a report of the operations of the future teacher loan program to the governor annually and to the legislature not later than December 1 of each year that immediately precedes a regular session of the legislature. (b) The report must include the following information as it applies to loans made under this chapter to students at each institution of higher education offering an approved teacher education program: (1) the number of loans made; (2) the maximum loan made; (3) the minimum loan made; (4) the total amount of loans made; (5) a list ofpersons who have failed or refused to make as many as six monthly payments on any note, a statement of the amount each person owes, and the last known address of each person; and (6) any other information that will describe the effectiveness of the loan program. CH! n, SEC. 11I142 68th LEGIS-2nd CALLED SESSION Sec 60.33. EXPENSEM Funds to pay the cost of personnel and other expenses required to administerthis chapter shall be provided by appropriation. Se. 60.34. AUDIT Any transaction under this chapter is subject to audit by the state auditor. SECTION 3. Chapter 54, Education Code, is amended by adding Subchapter C to read as follows; SUBCHAPTER C. TEACHER EDUCATION LOAN PROGRAM See 54.101. DECLARATION OF PUBLIC PURPOSE. The legislature finds that the education of talentedpersons to become elementary and secondary school teachersis importantto the wejfare of this state and the nation and, consequently, is an important public purposefor the penditureofpublcfunds Se 54.102. DEFINITION& In this subchapter (1) "Board"means the CoordinatingBoard, Texas College and University System. (2) "Fees" includes any fee other than a fee for food, clothing, or lodging or a deposit securing the return orpropercare ofproprty. Sec. 54.103. ADMINISTRATION. (a) In accordance with this subchapter, the board shall provide teacher education loans to eligible students enrolled in a teacher education program approvedby the State Boardof Education. (b) The board may adopt rules for the administration of this program consistent with the purposes and policies ofthis subchapter. Sec. 54.104. ELIGIBILITY REQUIREMENTS. (a) To be eligible for a teacher education loan, a person must be a teacher who is eligible under Subsection (b) of this section or must: (1) be a Texas residentas determined under SubchapterB of this chapter (2) have graduatedin the top 15 percent of his high school graduatingclasw" (3) be enrolled for at least one-half of a full course load as a junior,senior, or graduate student in a program leading to certifcation as a classroom teacheror to a master's degree in a field for which the person is seeking certifocation oralready holds certifcation" (4) hav a grade point average equal to at least a 3.0 on a 4.0 scale in courses other than education courses taken at an institution of higher education and completed not later than the semester beWore the semester in which the loan is awarded; (5) enter into an agreement with the board to maintain a gradepoint average of at least a 3.0 on a 4.0 scale in courses taken after receivinga teachereducation loan, to become certifed as a classroom teacher, and to teach in an elementary or secondaryschool in Texas or to repay the teacher education loan on terms adopted by the board,and (6) meet other academic requirements set by the board,which may include a requirement of acceptableperformanceon standardizedexaminations. (b) To be eligiblefor a teachereducation loan, a person who is regularlyemployed as a teacher by a public school in this state must be enrolled in a course requiredby rule of the State Board of Education as a qualifcationfor a certifcate or an endorsement to teach a primary or secondary gradesubject for which the State Board ofEducation has officially recognized there to be a teacher shortage Such persons quaiy for a teacher education loan on a pro rata basis depending on the number of coursesfor which the person is enrolled. (c) A person may not receive a teacher education loan for more than four regular or summer semesters. Sec. 54.105. PAYMENT OF LOAN, AMOUNT. (a) On determination that a student is to receive a teacher education loan, the board shall award to the recipient $1,000 for each of four semesters, not to exceed a total of $4,000. (b) The amount of the teacher education loan shall be paid to the student in a manner determined by the board (c) A teacher education loan does not affect a student's eligibility for other state or federal studentfnancial aid unless that result is required under the terms of the otheraid. (d) Teachereducation loans arepaidfrom funds appropriatedfor thatpurpose. The legislature may not appropriatemore than $5 million peryearfor the loans. Sec. 54.106. REPA YMENT OFLOAN. (a) A recipient may be required to repay the amounts receivedunder a loan asprovidedby this section. (b) A recipient must repay the total amount awarded if the recipient does not begin teaching in an accreditedpublic elementary or secondary school in Texas within 18 months after certification. (c) A recipient who does begin teaching in an accreditedpublic elementary or secondary school in Texas within 18 months after certification must repay any amounts not canceled under this section. A recipient is entitled to cancel by semester the amounts awarded under the loans, in descending order beginning with the greatest amount awarded, with one semester's loan amount Nth LEGIS-2nd CALLED SESSION CH 28, SEC. IV-A2 canceled for each semester of employment as a teacher in an accredited public elementary or secondary school in Texas. Repayment of the amount not canceled must begin ifthe recipient ceases to teachfor more than two consecutive semesters. (d) Repayment of loans shall be in accordance with a schedule adopted by the board and shall bear Interest at a rateset by the board. (e) The board may waive or delay the repayment requirementfor good cause shown by the recipient. ARTICLE IV. STUDENTS PART A. SOCIAL PROMOTION, STUDENT TESTING, AND TUTORIALS SECTION 1. Chapter 21, Education Code, is amended by adding Subchapter S to read as follows: SUBCHAPTER S. ADVANCEMENT AND COURSE CREDIT Sec. 21.721. GRADE REQUIREMENT FOR ADVANCEMENT OR COURSE CRED- IT (a) A districtmay not grantsocialpromotions. Students may be promoted only on the basis of academic achievement (b) A student who has not maintaineda gradeaveragefor a school yearequivalent to at least 70 on a scale of 100 may not be advancedfrom one grade level to the next. (c) A student who has not maintaineda grade averagefor a course equivalent to at least 70 on a scale of 100 may not be given creditfor the course. (d) The State Board ofEducation shall adopt rulesprescribingalternativesto socialpromotion for students who are consistently unable to be promoted because of poor academic achievement, and a district may providefor those students In accordance with the board rules,provided that the parent,guardian, or person having lawful control of the student participatesin the deliberations. Sec. 21722. NOTICE TO PARENTS OF UNSATISFACTORY GRADE. (a) At least once every six week% a district must give written notice to parents of students' grades in each class or subject. The notice must provide for the signature of the parent and must be returned to the district If the notice is not returned to the district, the district must mail notice to the parent. (b) If in any class or subject a student receives a grade equal to less than 70 on a scale of 100, the grade notice must state the need for a conference between the appropriateteacher and the parentand must quote orsummarize the requirementsof Section 21. 721 of this code. (c) In attempting to schedule a conference between a teacher and parent,the districtshall give the parentat least two alternativedatesfor the conference. (d) In this section, "parent"includes a legalguardian. (e) This section does not apply to a student who is: (1) married; (2) an emancipatedminor; or (3) an adult living alone. Sec. 21.723. FINAL EXAMINATION. A student may not be exempted from taking a final examination in any class In which any other student is required to take a final examination. Sec. 21. 724. ADVANCED PLACEMENT EXAMINATION. (a) Using guidelines established by the State Board of Education, a school district shall develop for board review advanced placement examinations for each primary school grade level and for secondary school academic subects. The guidelines must provide for the examinations to thoroughly test comprehensionof the information presented In the applicable grad#level or subject. The board shall approve advanced placement examinationsthat satify board guideline (b) A student in a primarygrade level shall be given creditfor a grade level and advanced one grade level on the basisof a board-approvedadvancedplacement examination i." (1) the student scores in the 90th percentile or above on each section of the examination; (2) a school district representativerecommends that the student be advanced;and (3) the student'sparent orguardiangives written approvalof the advancement. (c) A student in grade level six or above shall be given credit for a subject on the basis of a board-approved advanced placement examination in the subject ifthe student scores in the 90th percentile or above on the examination. If a student is given credit in a subject on the basis of an examination, the examinationscore shall be entered on the student's transcript. (d) Each school district shall administer the advanced placement examination not less than once a year, at times to be determined by the board. SECTION 2. Subchapter D, Chapter 21, Education Code, is amended by adding Section 21.103 to read as follows: CH 28, SEC. IV-A2 68th LEGIS-2nd CALLED SESSION See 21.103. TUTORIAL SERVICES. (a) Each school district shall provide tutorial services at the district's schools (b) A district may require a student whose grade in a subject for a grade reporting period is lower than 70 on a scale of 100 to attend tutorials in the subject during the following reporting periodtwice per week or more, as determined by the district. (c) A districtIs not requiredto provide transportationfor studentsattending tutorials. PART B. PREKINDERGARTEN; SUMMER PRESCHOOL SECTION 1. Subchapter E, Chapter 21, Education Code, is amended by adding Section 21.136 to read as follows: Sec. 21.136. PREKINDERGARTEN. (a) Any school district may offer prekinderarten classes, but a districtshall offer prekindergartenclasses if the districtidentifles 15 or more eligible children. (b) To be eligiblefor enrollment in aprekindergartenclass a child must be at leastfour years of age and must be: (1) unable to speak and comprehend the English language;or (2) from a family whose income, according to standards set by the State Board of Education, is at or below subsistence level (c) Prekindergartenclasses shall be operatedon a half-day basis A district is not required to provide transportationfor prekindergartenclasses, but transportation,ifprovided, is includedfor fundingpurposesasprt of the regulartransportationsystem. (d) On application of a school district, the commissioner of education may exempt a district from the application of this section (f the district would be requiredto construct classroomfacilities in orderto provideprekindergartenclasses (e) The cost of the program is shared by the state and district in the same percentages used to determine the state/local sharesunder Chapter 16 of this code The state'sshare is pald from the foundation schoolfund and may not exceed $50 million a year. If that amount will not fully fund the program, the commissionershallproportionatelyreduce each district'sallocation& (1) This section becomes effective with the 1985-1986school year. SECTION 2. Subsections (a) and (b), Section 21.101, Education Code, are amended to read as follows: (a) Each school district that offers prekindergarten (Ii rog me] through grade 12 shall offer a well-balanced curriculum that includes: (1) English language arts; (2) other languages, to the extent possible; (3) mathematics; (4) science; (5) health; (6) physical education; (7) fine arts; (8) social studies; (9) economics, with emphasis on the free enterprise system and its benefits; (10) business education; (11) vocational education; and (12) Texas and United States history as individual subjects and in reading courses. (b) The State Board of Education by rule shall designate subjects comprising a well-balanced curriculum to be offered by a school district that does not offer prekindergarten[.eidergeoefn] through grade 12. SECTION 3. The title to Subchapter E, Chapter 21, Education Code, is amended to read as follows: "SUBCHAPTER E. KINDERGARTEN AND PREKINDERGAR TEN" SECTION 4. Section 21.131, Education Code, is amended to read as follows: Sec. 21.131. FREE KINDERGARTEN. The board of trustees of each [my] school district in Texas shall [is hereby a .th-rinedto] establish and maintain as a part of the public free schools of said district one or more kindergartens for the training of children residing in said district [who te mder the seheestie eg aned] who are at least five years of age at the beginningof the scholasticyear. SECTION 5. Section 21.458, Education Code, is amended to read as follows: Sec. 21.458. PRESCHOOL, SUMMER SCHOOL, AND EXTENDED TIME PRO- GRAMS. (a) Each district that is required to offer a bilingual education or special language 68th LEGIS-2nd CALLED SESSION CH 28, SEC. IV.El program shall offer a voluntary summer program for children of limited English proficiency who will be eligible for admission to kindergarten or the first grade at the beginning of the next school year. (b) Enrollment in the program is optional with the parent of the child. The program must be offered for one-half dayfor the eight weeks preceding the opening of schools for the regular school term. (c) The program shall be an intensive bilingual education or special language program that meets standards prescribed by rule of the State Board ofEducation. The student/teacher ratio for the program may not exceed 18/1. (d) A school district may establish on a full- or part-time basis other [presehee,] summer school, extended day, or extended week bilingual education or special language programs for students of limited English proficiency and may join with other districts in establishing the programs. (e) The preschool or summer programs shall not be a substitute for programs required to be provided during the regular school year. (t) The legislature may appropriate funds from the foundation school program for support of the summer program under Subsection (a) of this section. SECTION 6. This part takes effect June 1, 1985, and applies beginning with the 1985-1986 school year. PART C. CLASS SIZE SECTION 1. Section 16.054, Education Code, is amended to read as follows: Sec. 16.054. STUDENT/TEACHER RATIOS," CLASS SIZE. (a) Except as provided by Subsection (b) of this section, each [eeh] school district must employ a sufficient number of certified teachers to maintain an average ratio of not less than one teacher for each 20 [ ] students in average daily attendance. (b) Beginning with the 1985-1986 school year, a school district may not enroll more than 22 students in a kindergarten, first or second grade class. Beginning with the 1988-1989 school year, a school district may not enroll more than 22 students in a third or fourth grade class. This requirement shall not apply during the last 12 weeks ofany school year. (c) In determining the number of students to enroll in any class, a district shall consider the subject to be taught, the teaching methodology to be used, and any need for individual instruction. (d) On application of a school district, the commissioner may except the district from the limits in Subsection (b) of this section if the commissioner finds the limits work an undue hardship on the district. An exception expires at the end of the semester for which it is granted, and the commissioner may not grant an exception for more than one semester at a time. (e) The commissioner shall report to the legislature each biennium regarding compliance with this section. The report must include: (1) a statement of the number of school districts granted an exception under Subsection (d) ofthis section; and (2) an estimate of the total cost incurred by school districts in that biennium in complying with this section. PART D. ABSENCES SECTION 1. Subchapter B, Chapter 21, Education Code, is amended by adding Section 21.041 to read as follows: Sec. 21.041. ABSENCES. (a) A student may not be given credit for a class if the student has more than five days of unexcused absence during a semester. (b) In this section, "unexcused absence" means an absence not excused under Section 21.035 of this code. PART E. COMPULSORY ATTENDANCE SECTION 1. Section 21.032, Education Code, is amended to read as follows: Sec. 21.032. COMPULSORY ATTENDANCE. (a) Unless specifically exempted by Section 21.033 of this code or under other laws, every child in the state who is as much as seven years of age, or who is less than seven years of age and has previously been enrolled in first grade, and who has not completed the academic year in which his 16th birthday occurred [ne+ more the 4-7 years of ge] shall be required to attend the public schools in the district of his residence or in some other district to which he may be transferred as provided or authorized by law a minimum of 170 [44M] days of the regular school term of the district in which the child resides or to which he has been transferred. CH 28, SEC. IV-E1 68th LEGIS-2nd CALLED SESSION (b) A child enrolled in prekindergartenor kindergarten must attend class or have an excused absence for a minimum of 85 [8] days during each semester for which the child is enrolled. SECTION 2. Subsection (a), Section 21.033, Education Code, is amended to read as follows: (a) The following classes of children are exempt from the requirements of compulsory attendance: (1) any child in attendance upon a private or parochial school which shall include in its course a study of good citizenship; (2) any child who is handicapped as defined in Section 21.503 (14.4J] of this code and who cannot be appropriately served by the resident district in accordance with the requirements of Section 21.032 of this code; (3) any child who has a physical or mental condition of a temporary and remediable nature which renders such child's attendance infeasible and who holds a certificate from a qualified physician specifying the temporary condition, indicating the treatment prescribed to remedy the temporary condition, and covering the anticipated period of the child's absence from school for the purpose of receiving and recuperating from such remedial treatment; and (4) [ea ei mete then 4- years ofe"e Who has eempleed the weok of the , gde wl aid who p teto the ehie eof tohe seheol whiek eh, %R.b wmni othe-4lse oe-end saftmtee ebdesoighak hWs nor 4ees wte neede in , s est of* parent e other ing in a paenW relatien t the eh" ft [(8]any child expelled in accordance with the requirements of law. PART F. EXTRACURRICULAR ACTIVITIES SECTION 1.Subchapter Z, Chapter 21, Education Code, is amended by adding Section 21.920 to read as follows: Sec. 21.920. EXTRACURRICULAR ACTIVITIES. (a) The State Board of Education by rule shall limit participation in and practice for extracurricular activities during the school day and the school week The rules shall, to the extent possible, preserve the school day for academic activities without interruption for extracurricular activities In scheduling those activities and practices a district must comply with the rules ofthe boariL (b) A student, other than a mentally retarded student, enrolled in a school district in this state shall be suspended Jhm participation In any extracurricular activity sponsored or sanctioned by the school district during the grade reporting period after a grade reporting period in which the student received a grade lower than the equivalent of 70 on a scale of 100 in any academic class The campus principal may remove this suspension if the class is an identoied honors or advanced class. A student may not be suspended under this subsection during the period in which school is recessed for the summer or during the initial grade rL, orting period of a regular school term on the basis of grades received in the ftnpl grade reporting period of the preceding regular school term. (c) In this section, '"mentally retarded" has the meaning assigned by Section 21.503(b)(5) of this code. (d) Subsection (b)of this section applies beginning with the spring semester, 1985. SECTION 2. Subchapter Z, Chapter 21, Education Code, is amended by adding Section 21.921 to read as follows: Sec. 21.921. INTERSCHOLASTIC LEAGUES. (a) The rules and procedures of an organiza- tion sanctioning or conducting interscholastic competition, including rules providingpenalties for rules violations by school district personnel, must be consistent with board rules. (b) The University Interscholastic League, which isa part of The University of Texas at Austin, must submit Its rules and procedures to the State Board of Education for approval. The board may approve, disapprove, or modify any of the rules (c) The State Board ofEducation may seek an injunction to enforce this section. SECTION 3. This part does not affect the rules of an organization sanctioning or conducting interscholastic competition that are in effect on the effective date of this part, and those rules remain in effect until disapproved by the State Board of Education. PART G. SCHOOL DAY INTERRUPTIONS SECTION 1. Subchapter Z, Chapter 21, Education Code, is amended by adding Section 21.923 to read as follows: Sec. 21.923. SCHOOL DAY INTERR UPTIONS. The board of trustees of each school district shall adopt and strictly enforce a policy limiting interruptions of classes during the school day for nonacademic activities such as announcements and sales promotions. At a minimum, the policy shall limit announcements other than emergency announcements to once during the school day. 68th LEGIS-2nd CALLED SESSION CH 28, SEC. V-A1 ARTICLE V. SCHOOL DISTRICTS PART A. ACCREDITATION SECTION 1. Chapter 21, Education Code, is amended by adding Subchapter T to read as follows: SUBCHAPTER T. ACCREDITATION Sec. 21.751. ACCREDITATION REQUIRED. Each school district must be accredited by the CentralEducationAgency. Sec. 21.752. MASTER. (a) For any district for which the State Board of Education has revoked accreditation,the commissionerof education shall appoint a master to oversee the district. (b) A master appointed under this section or as a step preliminary to the loss of accreditation may approve or disapprove any action of the boardof trustees or the superintendentof the district. (c) A master serves at the will of the commissionerfor a period ending with the reinstatementof the district'saccreditation. Sec. 21.753. ACCREDITATION STANDARDS. (a) The State Board of Education shall establish standards which a school distrrct must satisfy to be accredited and shall adopt an accreditationprocess in accordance with this section. (b) The accreditctionstandards must include considerationof- (]) goalsand objectives ofthe district; (2) compliance with statutory requirementsand requirements imposed by rule of the State Board of Education understatutory authority; (3) the quality of learning on each of the district'scampuses based on indicatorssuch as scoreson achievement tests; (4) the quality of the district's appraisalof teacher performance and of administrator performance; (5) the effectiveness ofdistrictprincipalsas instructionalleaders; (6) the fulfilment of curriculum requirements; (7) the effectiveness of the district's programs in special education and for special •, !tions; 'i e correlationbetween student grades andperformance on standardizedtests; .ie quality of teacherin-service training; paperworkreduction efforts; (11) trainingreceived by board members; and (12) the effectiveness of the district'sefforts to improve attendance. Sec. 21.754. INVESTIGATIONS. (a) Not less than once every three years, the agency shall investigate whether a school district satisfies the accreditation standards. The agency shall investigate more frequently a district that is determined to be below any accreditationstandard. (b) The agency shall direct investigators to be alert to any fundamental deficiencies in a district'seducationalsystem, such asfailureof the districtto satisfy curriculum requirements,and to report deficiencies to agency staffresponsiblefor research andplanning. (c) In making an accreditation investigation, the investigators shall obtain information from campus administrators,teachers,and parentsof students enrolled in the district. (d) The agency shall give written notice to the superintendentand the board of trustees of any impending investigationof the district'saccreditation. Sec. 21.755. INVESTIGATORS' REPORT The investigators shall report verbally and in writing to the board of trustees of the district and, as appropriate,to any campus administrators, and shall make suggestions concerning any necessary improvements or sources of aid, such as educationalservice centers. Sec. 21.756. AGENCY ASSISTANCE. The agency shall provide assistance to districts which have been found to have difficulty meeting accreditationstandards. Sec. 21.75Z SANCTIONS. (a) If a district does not satisfy accreditation standards, the commissioner shall take the following actions, in sequence, to the extent the commissioner determines necessary: (1) confidential notice of the deficiency to any accreditation committee of the board of trustees and to the district superintendent; (2) public notice of the deficiency to the board of trustees; (3) appointment of an agency monitor to participate in and report to the agency on the activities of the boardof trustees; and (4) appointment ofa master to oversee the operationsof the district. CH28, SEC. V-AI 68th LEGIS-2nd CALLED SESSION (b) If a district fails to meet or maintain accreditation standards despite the actions of the commissioner under this section, the State Board of Education shall revoke the district's acer-dltationand may withhold state funds from the district. PART B. UNIFORM SCHOOL CALENDAR SECTION 1. Section 21.001, Education Code, is amended to read as follows: Sec. 21.001. SCHOLASTIC YEAR. (a) The scholastic year shall commence on the first day of September of each year and end on the thirty-first day of August thereafter. (b) The attendance of students for the first semester of the regular school term may not begin earler than September . SOS ION 2. This part applies beginning wih the 1985-1986 school year. PART C. SCHOOL DISTRICT PERFORMANCE REPORTS SECTION 1. Subchapter H, Chapter 21, Education Code, is amended by adding Section 21.258 to read as follows: Sec. 21.258. PERFORMANCE REPORT (a) Each board of trustees shall publish an annual performance report which shall be available to the public and fled with the State Board of Education describing the district's educational performance and giving financial information related to the cotsincurredby the district (b) The State Board qfEducation by rule shall prescribe the form and content of the report. At a minimum, the report must include thefollowing information by campus: (1) evaluations of the quality ofeducation;" (2) scores on tests with national norms; (3) reports ofperformance trends improvement or lack of improvement; (4) statements of casts for instruction, instructional administration, and central administra- tion; (5) attendance data and dropout rate" (6) reportson discipline; (7) data on employees trends in employment, and turnover; and (8) teacher ratios by grade groupings and by program (c) A report under this section must also include information about the number of students in each classroom, excluding instrumentaland choral music classrooms, per class period. The report must specJy, by grade, the number of classrooms, excluding instrumental and choral music clasrooms, in which in any class period the number ofstudents exceeds (1) for kindergarten through 8th grade, 20; (2) for high school 25; and (3) for special education, 10. (d) The State Board of Education may authorize the combination of this report with other reports and financialstatements required by law or rule (e) Each district shall also annually report to the commissioner the number of teachers on the career ladder, the number of teachers at each level, and the sex and ethnicity of those teacherm That information shall be collected In a biennial report to the legislature, with the information reported by school districL 0 Reports to the legislature under this section shall be filed with the Legislative Budget Board and the appropriate committees ofeach house. PART D. TRAINING OF SCHOOL BOARD MEMBERS SECTION 1. Subchapter B, Chapter 23, Education Code, is amended by adding Section 23.33 to read as follows: Sec. 23.33. MEMBER TRAINING AND ORIENTATION. (a) The State Boardof Education shall appoint an advisory committee to develop statewide standards on the duties ofa school board member. The committee shall consist of at least 15 persons knowledgeable in the management of the public schools of the state, and no less than five members of the committee shall consist of individuals currently serving as locally elected school board members. (b) Copics of the standards shall be sent to the president of each local school board on an annual basis, and local board members shall participate in training activities consistent with the statewide standards. (c) The State Board of Education may provide for a course to be offered by the regional education service centers and may approve private organizations to offer courses following the board's review of an outline of the proposed courses to determine its conformity with the statewide standards. Registration for a course offered through service centers must be open to any interested 68th LEGIS-2nd CALLED SESSION CH 28, SEC. V-F3 person, including current and prospective board, embers, and the state board may prescribe a registration fee designed to offset the costs ofproviding that course. (d) Each accredited course must issue a certificate of completion to each person successfully completing the course. PART E. FRIVOLOUS LAWSUITS SECION 1. Chapter 2, Education Code, is amended by adding Section 2.11 to read as follows: Sec. 211. FRIVOLOUS SUIT. (a) In a civil suit, except as provided by Subsection (b)of this section, against a school district or against an employee or officer of a school district acting under color of the qffice or employment, the court may award costs and reasonable attorneys' fees if: (1) the court finds that the suit is frivolous, unreasonable, and without foundat;on; and (2) the suit is dismissed orjudgment isfor the defendant. (b) This section applies only to suits brought under state law. This section does not apply to suits under the workers' compensation law, suits based on civil rights violations, personal injury or death actions, or suits challenging the validity ofschool district policies. PART F. REHABILITATION DISTRICTS SECTION 1, Subdivisions (1), (2), (3), and (5), Section 26.01, Education Code, are amended to read as follows: (1) "Handicapped person" or "handicapped scholastic" means an individual between the ages of six and 21, inclusive, who has been defined as such by [preel , ely federal or state legislation. The definition of a handicapped person or handicapped scholastic is inclusive of all generic handicapping conditions such as orthopedically handicapped, health impaired, blind or visually impaired, deaf or auditorially impaired, [seei y m-=ed.uete_ o] emotionally disturbed, mentally retarded, and [emage or] learning disabled. The specific operational definition, if not defined by state or federal legislation, shall be applicable to any current operational definition as set forth by the federal government or state agencies. (2) "Special services" has the meaning assigned by Subdivision (1) of Subsection (b) of Section 21.502 of this code [ ed for the 4-et ine of psegem fe, eueept4..a= 1,inclumesiem peel teseh. he pu--- - seheal e s1etate w"oh4 Or" whist a [egueal ele ~ sweh] hndicaee sto ipcedsi r s eee eeotene e() n eenertive schoo e- t -. ..... . and - e~e~et~e cec4ee~end etabise eeing -B (3) "Nonhandicapped sodrta thefes. scholastic" a e means ewih a scholastic who clatedawhnent is between thechest coplsrnd 2), inclusive, [eksiblfe,imp i44 seheel edustiek n tder state l6W anid] who is not a ages uof six and ecnl [effieiallyinlabeled thneaeea bingi hanicapped a'person, eeisntrict.~ie] but who either. (A) needs an alternative school setting- or (B) is older than the age at which school attendance is compulsory and chooses to enroll in the district. (5) "Trainee" means any handicapped student, as defined by Subsection (c) of Section 21.503 of this code, [peren] who is or has been enrolled in a district. SECTION 2. Section 26.63, Education Code, is amended to read as follows: Sec. 26.63. RESIDENTIAL PROGRAM; CURRICULUM; TRAINEES. The board shall: (1) plan the residential program and the curriculum of the district, or have them planned under its direction; but in any event, plans must be approved by the board of directors and also by the state commissioner of education i by the eeeetiYe dieetec of the Tetae epcestof Mental Health and hivtlRetacda .. e... (2) make reasonable limitation on the duration of residence and attendance by trainees, according to standards adopted by it; and (3) by itself, or through an agency established by it for attending to such matters, terminate the training of any trainee who proves to be unadaptable to the training program of the district, or who is so disturbing in conduct to the other trainees as to be detrimental to the district; and the exercise of the termination power is unreviewable. SECTION 3. Subsection (c), Section 26.64, Education Code, is amended to read as follows: (c) No handicapped person in attendance at a regular public school, between the ages of six and 21, shall be admitted to a rehabilitation district without having been referred or assigned to it by the independent school district in which he resides, or by another agency with primary responsibilities relating to youth, except that a person who is older than the age at which school CH 28, SEC. V-113 68th LEGIS-2nd CALLED SESSION attendance is compulsorymay a ply and be admitted without referral or assignment [the eounty .SEato ev , to 68, ofuato ode isert rea d isin attendefeo eal fsor ubds me aehailble asheone be gradty Utedtah tetGoenmienttorar utth by7 an' ;'noedn SeSo herettes ho n independent sehool distret ihdletu4et if eush pWbli seheol is withn suchk independent p fsch ehbiltatondisbee n heetoatmec hatrpoen by thesamt proeue, SECTION 4.Section 26.68, Education Code, is amended to read as follows: Se. 26.68. FEDERAL AID. The board may app to an agency of the federal government for funds m de available, as loans or grants, by the ited States Government to carry out the prposes of such rehabilitation district, in the same manner, according to the same procedures, and nall respects as ovided for the receipt of such funds by independent school districts [t whihebajustingtoworkpdtp e!e onry end tosoeietyn ,ehbilttle pcpw.fecwbbZth d etstothevwiue "my elisl, thes aluthecity of the dlM,. shlIec~.ee anid enlec gad to inelude peritsn no oe is yemc of 40e]. SECTION 5. Section 26.70, Education Code, is amended to read as follows: Sec. 16.70. GROUP RESIDENCE CENTERS. Each district may, by itself, or in conjunc- tion with service clubs, women's clubs, or other organizations interested in serving the disabled, cities or counties, or any organization or person deemed by the board of directors, ]quipped provide for group residence rehabilitation centers within the rehabilitation district. Such group residence centers shall be used [a ng mndi, th sow ethouat o ona] for those students or traies of the rehabilitation district[, who ha. boom.ael em plowblhe endee emo|ed n 4Awho, in the opinion of the board of directors, wdbenhefit from group living while adjusting to work and to general society. SEctiON 6. Section 26.16, Education Code, is repealed. ARTICLE VI. PROGRAMS PART A. SPECIAL EDUCATION (TRANSFER FROM CHAPTER 16) SECTION 1. Section 16.104, Education Code, is transferred to Subchapter N, Chapter 21, Education Code, is renumbered, and is amended to read as follows: SUBCHAPTER N SPECIAL EDUCATION PROGRAM Sec. 21.501. STATEWIDE PLAN. [Se443, GQM Ri4HSNSAIS SPEGIM ERIU GAq4QN PRGM MN"4 A~IR PPE)IG GIH116PREN7 *aI The [emllncof tadteetieit teeporam iovthe] Sa r Education shall n] develpad mrify as necessary, a statewide for the de ivery of services to handicapped children In Texas which includes rules for the administration and funding of the special education pro ra so that a free appropiate public education is available to all handicapped children betweenhe ages of three and 21 [by n 'e-s netembec 4- 4M]. The statewide design shall include, but may not be limited to, the provisiandof services primarily through local school districts and special education cooperatives, supplemented by a regional delivery structure. The board ieesmiutiones' shall further develop and implement a statewide plan with programmatic content which includes procedures designed to: (1) ensure state compliance with requirements for supplemental federal funding for all state-administered programs involving the delivery of instructional or related services to handicapped students as defined in this section; (2) facilitate interagency coordination when state agencies other than the Central Education Agency are involved in the delivery of instructional or related services to handicapped students; (3) assess statewide personnel needs in all areas of specialization related to special education on a periodic basis and pursue strategies to meet those needs through a consortium of representatives from regional education service centers, local education agencies, and institutions of higher educaion and through other available alternatives; (4) ensure that regional education service centers throughout the state maintain a regional support function, which may include direct service delivery and a component designed to facilitate the placement of handicapped students who cannot be appropriately served within their resident districts; (5) allow the Central Education Agency to effectively monitor and periodically conduct site visits of all local districts to ensure that (ageney] rules adopted under this section are 6th LEGIS-2nd CALLED SESSION CH 28, SEC. VI-Al applied in a consistent and uniform manner, to ensure that districts are complying with those rules, and to ensure that annual statistical reports filed by the districts are accurate and complete; (6) ensure the availability of sequentially related, field-based, inservice special education training programs for regular and special educators serving handicapped students and further ensure that all local districts dedicate at least the equivalent of one full day of their required inservice program per school year to that special education inservice training for those personnel; (7) ensure that appropriately trained personnel are involved in the diagnostic and evaluation procedures operating in all local districts and that those personnel routinely serve on local district admissions, review, and dismissal teams; (8) ensure that an individualized education plan for each handicapped student is properly developed, implemented, and maintained in the least restrictive environment which is appropriate to meet the student's educational needs; (9) ensure that, when appropriate, each handicapped student is provided an opportunity to participate in vocational andphysical education classes, in addition to participation in regular or special classes; and (10) ensure that each handicapped student is provided necessary related services. Sec. 21.502. DEFINITIONS. [Nb)] As used in this subchapter [seetlen]: (I) "Special services" means: (A) "special teaching," which may be provided by professional and paraprofessional personnel in the following instructional settings: (i) resource room; (ii) self-contained classroom, regular or special campus; (iii) hospital or community class; (iv) homebound or bedside; (v) speech or hearing therapy class; or (B) "related services," which are developmental, corrective, supportive, or evaluative services, not instructional in nature, that may be required for the proper development and implementation of a handicapped student's individualized educational plan, including but not limited to special transportation, school health services, counseling with students or families, lsychological services, audiological services, visual training, medical or psychiat- ric diagnostic services, occupational therapy, physical therapy, recreational therapy, social work services, parent counseling and training, adaptive equipment, special seating, orientation and mobility training, speech therapy, music therapy, and corrective therapy. (2) "Resident district" means the local school district in which the parent or other person who has the primary legal obligtion for care, control, and custody of a handicapped student resides, except that if the state is managing conservator of the student, the resident district is the district within which the student is placed by the state. Sec. 21.503. ELIGIBILITY CRITERIA. (a) [(e)] The commissioner, with the approval of the State Board of Education, shall develop specific eligibility criteria based on the general classifications established by this section with reference to contemporary diagnostic or evaluative terminologies and techniques. Eligible handicapped students shall enjoy the right to a free appropriate public education, which may include instruction in the regular classroom, instruction through special teaching, or instruction through contracts approved under this section. Instruction shall be supplemented by the provision of related services when appropriate. (b) The following classifications of handicapped students shall serve as the general eligibility criteria for participation in a district's special education program: (1)"Handicapped students" means students between the ages of 3 and 21, inclusivw [t] (A) with educational handicaps (physically handicapped, auditorially handicapped, visually handicapped, mentally retarded, emotionally disturbed, learning disabled, speech handicapped, autistic, or multiply handicapped); and children leaving and not attending public school for a time because of pregnancy; and (B) whose disabilities are so limiting as to require the provision of special services in place of or in addition to instruction in the regular classroom. (2) "Physically handicapped students" means students whose body functions or members are so impaired from any cause that they cannot be adequately or safely educated in the regular classes of the public schools without the provision of special services. (3) "Auditorially handicapped students" means students whose hearing is so impaired that they cannot be adequately educated in the regular classes of the public schools without the provision of special services. CH 211, SEC. VI-Al 68th LEGIS-2nd CALLED SESSION (4) "Visually handicapped students" means students whose sight is so impaired that they cannot be adequately or safely educated in the regular classes of the public schools without the provision of spc ial services. (5) "Mentally intelleotual retarded functioning students" existing means students concurrently with significantly subaverage general with deficiencies in adaptive behavior and Mnifested during the developmental period such that they cannot be adequately educated in the regular classes of the public schools without the provision of special services. (6c)"Emotionally disturbed students" means students whose emotional condition is pscologically or psychiatrically determined to be such that they cannot be adequately and Sfelyeducated in the regular classes of the public schools without the provision of special (7) "Learning disabled students" means students: (A) who demonstrate a significant discrepancy between academic achievement and intellectual abilities in one or more of the areas of oral expression, listening comprehen- sion, written expression, basic reading skills, reading comprehension, mathematics calculation, mathematics reasoning, or spelling; (B) for whom it is determined that the discrepancy is not primarily the result of visual handicap, hearing impairment, mental retardation, emotional disturbance, or environmen- tal, cultural, or economic disadvantage; and (C) for whom the inherent disability exists to a degree such that they cannot be adeuately served in the regular classes of the public schools without the provision of special services other than those provided under compensatory education programs, (8) "Speech handicapped students" means students whose speech is so impaired that they cannot be adequately educated in regular classes of the public schools without the provision of special services. (9) "Autistic students" means students whose disturbances of speech and languae, relatedness, perception, developmental rate, and motility are such that they cannot be adequtely educated in the regular classes of the public schools without the provision of specia services. (10) "Multiply handicapped students" means students handicapped by any two or more of the handicapping conditions described in Subdivisions (2) through (9) of this subsection that may result in multisensory or motor deficiencies and developmental lap in the cognitive, affetive, or psychomotor areas such that they cannot be adequately educated in the regular classes of the public schools without the provision of special services. (4R(I &we"p a. se'~ in Subd4'q4sion (%of thi sbeeefien a sehel dbetWie is ~ ayeyagoatens.. ~ o-eea edesie ilI II 1a1 p el. anit fer eaeb addtnl 409 nt~mdae~g aiyetedne pta stdns oa Of 6096stdents in tePmed aveysgo dally attendaee edete-4nd ------- esne -pee nit forefthk additionkal Stm tehe u my be wsed only ferPO pesnfe! liowe in SJUeeten and see* lown4haantseeent of the dlsteets students are ldentifiod as eligile *eS nuy Apdldse ne-"-eofeWth een spoe evlfee we by othe de et"Ida "twt's n, tsl mnits to = he e of fulalegatioae d nth eeeto students see'ed aeeerding ~ethe [ see eved r Peseent of ful alleestlen 10"6 set by eamisioner, net to eteeed 66 The eeotof students seeu'ed is deemle y iidn hennbee of iw - P aAe" -Page dIl a-ttendafnee telunding the in serme ueeg daily aftteaee ienldto ant"W inase in te peteet of 68th LEGIS-2nd CALLED SESSION CH 28, SEC. VI-A1 a'!eeat'oo fee a peeent of students seeied speeified t the sehedtle abe-ve eqta te efepereent ef f"l alleeatio fee eaeh additiotwieen*th of one~~ 4riothe stet seed btMA fiet eweedig the al.eeatio- speeified on the fe the fleet highest peceefi tdet ed [f ..... i distiets may eeewe aft eadtt-at4eate t e .e......... tie as at staettip alleeaties de sig the Sat yeae of a, new unit's etiiatio .. [-TI" ad ,o..n to a. other all.eatiem auterized ti "hisseeti, a leea distsiet may eeeeweQ6ppi I~mfta iee tmit alloeatios ei A-eta idqttf heg anesbqe .to the emmi ..s d iet .4 edeatieen he applie.tiee.. sha. MeRkide a thetogh demoAsttatioef th.. peiela 1~V_1 g eeswhihjetf teeqse 4tipplemefital aMAPeeatiti Under rdles adopted by teState Board 4f Edetio, te eommtissioflee a pp' the alloeatioiis oen a disecetioflary basis; hayinlgpeae eeieed baw be d tWhom thRe aet a demofisteated eet o ped appzamste eeeatio to thse st ts either .... i . eete.eo dt b t meet those needs aftere a prope t that disteiet s alle.es.. ede this seetion, tinteseal eest burden imo e t a eeeal seheel distriet dee to the S- e s seebm g stedefit spaesely popet-ed areas, e ec. 2.0PENsEal diff-eeT iT.[ed i the adminsisteation 4f a speeal edeati b emopeeati e whieh itdeates a oeedfe additiosal support personnflel. [(6. F.eh leal distiet is entitled to a basie seppet aleeatio f 40p elf eaeh prsfro]mel ersoaetiiated tadee this seetior - o eal istt y expensd these fsnds te P-o1id speea instreetiona acaterias ad related seviees oeaoer easltatssional -u esaleaiof ees; e pessteltei dlisteiets asaeeasewt tlsaotdby it m theSat ad4 MteWst or meltieity sehool eeio- MP~ees AM" P ftftoetdune ubet bt iet utilized by the Sdisos thes dsythebseetiomi temanr eerbd f [4e) Foefessieonal peesseiei fee the operations aisd majistetsaisee 4f a pegeafn 4f speeial e diteatiot sal bet hundippp ti leflts' teaehees, iiselediig itiftesaist teaehees9 whoe duties maY or maesa perfoermed in whole orei paett the eamnpes 4f a sehooli [~~~~detiselated r sese eoelitelediisg eeePatiossaRl 1e1tiait eP e esiced by the eomssoeeieeaio o edeaio spprtpagainlifeldki pe-a edeatio iter [ aopoes)aa personnsel foe the epetostmd maisiteisasee 4f a program 4f spejaledseato~ shll ossiat4 ersom enigaged as teaeher aides- who fmy oe fmy ft hoda teaehee eeetifieate. ieewint sein e "4()o t~hllbeeto de,,eleped bytisine- bste &e Board of Edud SeIFR a ees, eweF -he stansdards ;Uia;depedelt 4o tfeait oeedersemneit ms 964~saiflelede eqeiemestsfoe additiofa traiing atid reeeetifieatioft as neeessaey. [~Emeept as peowided by Sebs~eetiots (~4) thisA seeti, thte masimemf salaey leyels, mnotths of seeiviee, afld peesommsel ifflit values foe all authoeied peesoten s1hall he deemiPd b~y the peioas4 eetiots 4:this -c~ eade. If poitionls aethoerime ia this seetiess ase tst speeifieally peoeided foe asR Seetieft 16.()56, te etmmssioets shall add those positionis to the Teeas Pulie IEdueatiots G&sesstis ala" is aeeoedaflee with Sebseetie) of4 Seetiess 16.06 4f this eede.] Sec. 21.504. PERSONNEL CONTRACTS. [ji)I Special education [aisit] personnel may be employed on a full-time, part-time, or consultative basis. Any school district may [T;with te e~nrnsse--.' appfea -- Ietilize its personnsel sasit alleeations to] employ special education Inaitheive] personnel on a 10-, 11-, or 12-month basis [iff teeardanee with eees adopted by the tate Beard of Edueatios]. Handicapped students' teachers, paraprofessional CH'^ SEC, VIoAl 68th LEGIS-2nd CALLED SESSION per nnel, or related service personnel employed on an extended basis [unde this subseet4e.] ihall, during the extended period of their contract, only be engaged in pupil evaluations or in d'fect-sevice delivery to handicapped students for which the disruption of continuous services !may result in severe regression. Sk; 21.$05. COOPERATIVES. [0] In accordance with rules adopted by the State Board of ducation, local districts may jointly operate their special education programs. Funds gts a" etf 1to which the cooperating districts are entitled [ende, this e may be allocated to the districts jointly as cooperative units or cooperative funds in accordance with the cooperative districts' agreement. S" 2.506 CONTRACTS FOR SERVICES RESIDENTIAL PLACEMENT (a) ((k)] Any local district, special education cooperative, or regional educi lion service center may contract with any public or private facility, institution, or agency within or outside of this state for the provision of services to handicapped students under rules adopted by the State Board of Education. Contracts for residential placements, including placements with the Texas Depart- ment of Mental Health and Mental Retardation and its community facilities, Texas School for the Blind, Texas School for the Deaf, and other public or private agencies, institutions, or fmilities, shall be approved by the commissioner. The rules shall provide for approval of residential placement contracts only after at least a programmatic evaluation of personnel qualifications, adequacy of physical plant and equipment, and curriculum content. Either the whole or a part of a facility or program may be approved. Rules relating to the residential contract approval process shall include provisions designed to ensure that no contract is approved which: (I) involves the delivery of unapproved services; (2) involves the delivery of services which the district is capable of providing or is developing the capability to provide; or (3) is not cost-effective when compared with other alternatives. (0) (4l) Except as provided by Subsection (c) [(m-*] of this section, contracts for residential when aroved may be paid for from a ombination of federal, state, and local funds. T shareof the total ontract cost per pupil is that portion of the local tax effort (total dollars generated by debt service and maintenance taxes) which exceeds the district's local fund assignment, divided by the average daily attendance in the district. If the contract involves a private facility, the state share of the total contract cost is that which remains after subtracting the local share. If the contract involves a public facility other than a program or facility administered by the Central Education Agency, the state share is that which remains after subt pting the local share from that portion of the contract which involves the costs of instrttional and related services. If the contract involves a program or facility administered by the Central Education Agency, there is no state share paid from this program. ,(c)t [(*] If te state is managing conservator of a student placed in a private residential fl _ty, the total cost of the residential placement shall be paid from state and federal funds. If the contract involves a public facility other than a program or facility administered by the Central Education Agency, the total of that portion of the contract which involves the costs of instructional and related services shall be paid from state and federal funds. If the contract involves a program or facility administered by the Central Education Agency, there is no state share paid from-this program. The State Board of Education shall adopt rules governing the use of feeraI funds as supplemental or partial payment of the local or state share under [Subxeetemn iad (* i'l this section. (d) [(*.] The resident district has the ultimate responsibility for providing or causing the provision of appropriate services to each handicapped student. If the district contracts for the provision of services rather than providing the services of its own accord, then that district retains the responsibility of overseeing the implementation of the student's individualized education plan as well as the responsibility of an annual reevaluation of the appropriateness of the arrangement. An approved facility, institution, or agency with whom the district contracts shall assume as a part of the contract the responsibility of providing the district with periodic reports of services the student has received or will receive in accordance with the terms of the contract as well as diagnostic or other evaluative information which the district requires in order to fulfill its obligations under this subchapter [seetlen]. The State Board of Education shall adopt rules designed to effectuate this subsection. [(9) qthe sas,' eest of speelel edueeatlen keeehe, units; ethe* psefessiene and units astheeled this seeten, .pe...ngeests as rpevided in oh. eempee h ens'e speetil edueetlen I...epeetefesie.... wh f ds 68th LEGIS-2nd CALLED SESSION CH 28, SEC. VI-BI1 ifreouces. ayailabie n to it from loeal seurees yb-uile or pri te beal o enriehm.ent may tal ehr ef b t iriet limitedt . ... .... in eees he state alioeatlon of supplemfenin minmu salrie aypsee mlyed by the distek, and an distet may at local etpense pay or part of further or continuing train.ig or eucat.on o st p ede o esonel. tb Ish al set limitf. ethe amount of fundsthatmay be eleided er"h this section each yerin the hol c? -eer---p-a--s Wefully fun t efeed o tis setin pursuant te the RT B. C OPEN SAT oD O e(Reed the amount set by the -e-, 6) BAeisiCnlrr with the f the bEard, shal mke such s are necessary to reduce thte aeest of thle special edcaiprorIPam WRI to telmtset by the legislature. The comissiolner "MY mk loain ne SusECTION of this section ot to etened millione a year from the sum to th proisions of th" section. Thaetito n the dollar amosunt fro ntesur se Z~ofa t " tio45 does Prot atppl to any funds remaining fi~eaproprated th su al eherallocations are mnade if to the remaining balance of unpeddfnscridoer from the previous Riseal year] PART B. COMPENSATORY EDUCATION (TRANSFER FROM CHAPTER 16); BASIC SKILLS AND ACHIEVEMENT TESTS SECTION 1. Section 16.176, Education Code, is transferred to Subchapter 0, Chapter 21, Education Code, is renumbered, and is amended to read as follows: SUBCHAPTER 0. ASSESSMENT OF BASIC SKILLS AND COMPENSATOR Y EDUCA TION Sec. 21.55). ADOPTION AND ADMINISTRATION OFINSTRUMENTS. (a) The Central Education Agency [444-76. S PPORT FOR EDUG-TIGNL6 DISADVA.NTCAGED PU~PILS. WaIn thi section ±"edueatioenally disad-antbageda puIls'. are 1pupils who are Sfor the free ard redueed lumeh preoarm unrte proi of the national scoo lunchq program?- The commrissioner Wedueatn ith the aprva f the Stat Board of Bdcte hl ev~ew the standards etbihdfor educatihonally disadvani taged pils and adjust the standards if they perpetuate inequities if beeome obsolete. [I ech soeel dis e whleh is eligible ad which also receives aid tnder the nati l sc llune h eligible to reeeive an allotment of 44 if a greae pui qpoidedh tae amun nrle In t. puli ls ----r-purpose of. t aloatio.,.^n. ..... pua %fn I-- nt.. '"re lop eft edet.nl [(cf Beinn with the ........ school year, and each yearereafter... the Gentra Eduation= Ageney] shall adopt [and admiistr] appropriate criterion referenced assessment instruments designed to assess minimum basic skills competencies in reading, writing, and mathematics for all pupils at thefirst, third, fifth, seventh, and ninth grade levels [level] and in mathematicsand English language artsfor all pupils at the 12th grade level. (b) The Central Education Agency shall also adopt [and adrnister to all ninth grade pupils] secondary exit level assessment instruments designed to assess ['miniru.fn] mathematics and English language arts competencies for pupils at the 12th grade level The State Board of Educationshall administer the assessment instruments [whieh it deems appropriate for a high sheel graduate]. (c) The secondary exit level assessment instrument must be administered to all pupils at the 11th grade level. Each pupil who did not perform satisfactorilyon all sections when tested at the 11th grade level shall be given opportunities during the 11th and 12th grade levels to retake the sections of the assessment instrument on which the pupil did not perform satisfactorily, including the opportunityto retake those sections during the final month of the school term in which the pupil is enrolled at the 12th grade level. Sec. 21.552. SATISFACTORY PERFORMANCE. The State Board of Education shall determine the level of performance considered to be satisfactory on the assessment instruments. Sec. 21.553. EXIT LEVEL PERFORMANCE REQUIRED. (a) A pupil who has not performed satisfactorily on all sections of the secondary exit level assessment instrument by the time the pupil has successfully completed the 12th grade level shall not receive a high school diploma until the pupil has performed satisfactorily on all sections of the secondary exit level assessment instrument. CH 28, SEC. VI-BI1 68th LEGIS-2nd CALLED SESSION (b) Each time the assessment instrument is administered, a pupil who has not been given a high school diploma because of a failure to perform satisfactorily on all sections of the secondary exit level assessment instrument may retake those sections of the assessment instrument on which the pupil has not performed satisfactorily. (c) A pupil who has been denied a high school diploma under the provisions of Subsections (a) and (b) above, and who subsequently performs satisfactorily on all sections of the secondary exit level assessment instrument shall be issued a high school diploma. [Al ninth re stedeets who AA t dem. .st.ate t... ... .i.t e~it ee ..... e.e...es .. ,ete the asses.ment estru. et a yea. the aditiont theassessmett ist rmetsedo The board f tr.ustees ofa seheol dis trit a maety otn ministemu r ite le ro anel norm- as a easiditien $e.gaiaif spmhg eekB ailisig wvith te she year. and eaeh ya.teeat teensa deteAgeysalaetndadininistes. approepriate esie~e ~fsete sesei at~mesdesigned to assess basie s9iW6 earmpeteees among a students at the thsird gr~ade kmeik] Sec. 21.554. LOCAL OPTION. In addition to the assessment instruments adopted by the Central Education Agency and administered by the State Board of Education [Geetrel Edueatien Ageney], a local school district may adopt and administer criterion and/or norm- referenced assessment instruments at any grade level. Sec. 21.555. EXEMPTION. Any student who has a physical or mental impairment or a learning disability that prevents the student from mastering the competencies which the basic skills assessment instruments are designed to measure may be exempted from the requirements of this subchapter [seetief]. Sec. 21.556. CONFIDENTIALITY; PERFORMANCE REPORTS. (a) [(A}] In adopting basic skills assessment instruments and achievement tests pursuant to this subchapter [seetion], the State Board of Education [Geetal Edueati Age ]ey and/or a local school district shall insure the security of the instruments and tests in their preparation, administration, and rading. Meetings or portions of meetings held by the State Board of Education [Gestsal H Fianee Ageey] and/or a local school district at which individual assessment instruments; [eel assessment instrument items, or achievement tests are discussed or adopted are not open to the public under Chapter 271, Acts of the 60th Legislature, Regular Session, 1967, as amended (Article 6252-17, Vernon's Texas Civil Statutes), and the assessment instruments; [aufd] items. and tests are confidential. (b) [(ef] The results of individual student performance on basic skills assessment instruments or achievement tests administered pursuant to this subchapter [seetien] are confidential and may be made available only to the student, the student's parent or guardian, and to the school personnel directly involved with the student's educational program and the Central Education Agency, as required by this subchapter. However, overall student performance data shall be aggregated by campus and district and made available to the public, with appropriate interpretations, at regularly scheduled meetings of the governing board of each school district. The information may not contain the names of individual students or teachers. The commissioner of education shall compile all of the data and report it to the legislature, lieutenant governor, and governor no later than January 1 of each odd-numbered year. Sec. 21.557 COMPENSATORY AND REMEDIAL INSTRUCTION. (a) [ff] Each school district shall utilize the student performance data resulting from the basic skills assessment instruments and achievement tests administered pursuant to this subchapter [seetken] to design and implement appropriate compensatory or remedial instructional services for students in the district's schools- (b) Each district shall provide remedial instruction to a student enrolled in the district who has taken the secondary exit level assessment instrument and has not performed satisfactorily on each section. The remedial instruction must satisfy standards adopted by the State Board of Education. (c) Each school district shall provide a remedial program for any student whose achievement test score is below a standard established by the State Board of Education. A school district may provide remedial services to any other student it determines would benefit. (d) Each district [aud] shall submit an annual report to the commissioner of education which describes how the instructional [state eepeusates.y, frwds reeeimved pursuant to this seetie" have beetiused to e f these] services are provided by campus. (g The legislature ineaeh General AldpitosAtshall set a Iiimtt on the ameti o Funds that may be ue this seet Ifpe the tetal amut 4eemeste e-ea aikle-iedb Ae ti seetieu emeeeds the litit set by the legi, attss. eaeh dist-etzs al!etme.t shatl be prpedreed -- ,peetionatelyut the amreunt 4==. ai alleeateals that limit,] Sec. 21.558. COST The [1h- "1 the] cost of preparing, administering, or grading the assessment instruments shall be [i] paid from the compensatory aid provided by Section 16.152 68th LEGIS-2nd CALLED SESSION CH 28, SEC. VI.C1 of this code, and [hi seern] each district shall bear the cost on the basis of the number of students in the district to whom the instruments are administered. If a district does not receive an allocation of compensatory aid, the commissioner of education shall subtract the cost from the district's other foundation school fund allocations [aleeationi. Sea 21.559. COMPARISON OF STATE RESULTS TO NATIONAL RESULTS. The Central Education Agency shall compare the results ofcriterion referenced assessment instruments administered under Section 21.551 of this subchapter to nationally norm-referenced assessment instruments to determine the level ofachievement ofstudents in this state as compared to students In other regions ofthe country. SECTION 2. (a) Not later than September 1, 1985, the Central Education Agency shall adopt assessment instruments in accordance with Subchapter 0, Chapter 21, Education Code, as added by this Act, and shall determine the level of perfbrmance that is considered satisfactory on assessment instruments. (b) Not later than the 1985-1986 school year, the State Board of Education shall begin administering assessment instruments adopted by the Central Education Agency in accordance with Subchapter 0, Chapter 21, Education Code, as added by this Act. (c) During the 1984-1985 school year, the State Board of Education shall administer assessment instruments as provided by Section 16.176, Education Code, as that section existed before being amended by this Act. PART C. SCHOOL-COMMUNITY GUIDANCE CENTERS SECTION 1. Subchapter I, Chapter 16, Education Code, is transferred to Subchapter P, Chapter 21, Education Code, is renumbered, and is amended to read as follows: SUBCHAPTER P [1]. SCHOOL-COMMUNITY GUIDANCE CENTERS Sec. 21.601 [4&4']. ESTABLISHMENT. (a) Each school district [with average da iy etendanee of at least ON-- student.] may establish a school-community guidance center designed to locate and assist children with problems which interfere with their education, including but not limited to juvenile offenders and children with severe behavioral problems or character disorders. The centers shall coordinate the efforts of school district personnel, local police departments, truant officers, and probation officers in working with students, dropouts, and parents in identifying and correcting factors which adversely affect the education of the children. (b) With the approval of the commissioner of education, school districts with an average daily attendance of less than 6,000 students may cooperate with other districts for the purpose of establishing a common center. See. 21.602 [-GA0 ]. COOPERATIVE PROGRAMS. The board of trustees of a school district may develop cooperative programs with state youth agencies for children found guilty of delinquent conduct. [Sot GIDNGEGETERPESONELA4LQOPMEN li,& asah seheol e9mm- nity ee Mel is eligible fa. twe guidanee eentec teaehers, ene atteni donee es - - -~ ene teeeher FeeE ech is alse fort~ onere additional =.:=-ee nte teaehe. fer eaeh 6QQa distoiadditional aitendanee e tet end sit additional tese teheet be provided fer eyery two additional guidanee eentectoaehecs. o=~eocsn Tens tat PtheW --s eatiea. " e gu ayne eeade teaelters,~ ~ ~ ~ ~ ~ ~ a ao-dneenutntadteee eenteT [(e) The lea. boards of trustees my entler into eontaets wih ether ageneies far 1,6hetee fun.diot ram= f Personnel e .......deerie Wilse ioledin eoeperatiN.'e programs. ............. le-e, pa grade [See7 6.404. OPERATING G0848, fe The eest of o-pemt~n anftcee seheel en the same peceentage basis that awp 0iestem.anetng withn te .... Teast . .... shall bepaid from fnds aP tha pepeerWhile in attendanee, at a sehoelkemmnt guidanee eente, at student mayn et etented int the ayerage daily atodneo h eoldistriet for other Feundatlen Seoe Pcegcamn purpoes.~ Sholdth areriaial n ntbnnitimb e insuffielent to fully, fund the Aet- e. shlod addtion to those erein h....d fe seleeting distriets te be funded on a need bass The eommissine shall use these ereil to determine annually the distriets9 to be authocized to ceeeiye Funds fer operating ekeel/eom-..., gaidonee eentercs) CH 2, SEC. VI-C1 Cth LEGIS-2nd CALLED SESSION Se 21.603 ("AN]. COOPERATION OF GOVERNMENTAL AGENCIES. Each governmental anecy concerned with children in the school district shall cooperate with the school-community guidance centers on the request of the superintendent of schools and shall desigate liaison persons to work with the centers in identifying and correcting problems sit school-age children in the district. Sec. 21.604144,4O]. PARENTAL NOTICE, CONSENT, AND ACCESS TO INFORMA- TION. (a) Before a student is admitted to a school-community guidance center, the administra- tor of the center must notify the student's parent or guardian that the student has been assigned to attend the center. (b) Such notification shall include: (I) the reason that the student has been assigned to the center; (2)a statement that upon request, the parent or guardian is entitled to be fully informed in writing of any treatment method or testing program involving the student; and (i) a statement that the parent or guardian may request to be advised and to give written, sign consent for any psychological testing or treatment involving the student. If, after notification, the parent eftises to consent to such testing or treatment, the center shall not provide any further psychological treatment or testing. (a) A parent or guardian of a student attending a center is entitled to inspect: (1) any instructional or idance material to be used by the student, including teachers' manuals, tapes, and films; Sud (2) the results of any treatment, testing, or guidance method involving the student. (d) The administrator of the center may set a schedule for inspection of materials which allows reasonable access but does not interfere with the conduct of classes or business activities of the school. Sec 21.605. TRAINING AND MONITORING. (a) The State Board of Education shall r*Iew the trainMg requirementsfor personnel who work at school-community guidance centers and shall establish standards for the training and for the performance of the required services at each center to ensure the effectiveness of the center's program. (b) The commissioner of education shall monitor each center and, In accordance with rules of the boar4 may require additional training for personnel if he determines the training is necessary. Sec. 21.606. PARENTAL INVOL VEMfNT (a) On admitting a student to a school-commu- nity guidance center, a representative of the school district, the student, and the student's parent shall develop an agreement that specOfes the responsibilities of the parent and the student. The agreement must include: (1) a statement of the student's behavioral and learning objective, (2) a requirement that the parent attend specifed meetings and conferences for teacher review ofthe student's progress and (3) the parent'sacknowledgement that the prent understands and accepts the responsibili- ties Imposed by the agreement regarding attendance at meetings and conferences and assistance in meeting other obectives defined by the district, to aid student remediation. (b) The superintendent of the school district may obtain a court order from a district court in the school district requiring a parent to comply with an agreement made under this section. A parent who violates a court order issued under this subsection may be punished for contempt of (c) In this section, 'oarent" includes a legal guardian. PART D. GIFTED AND TALENTED (TRANSFER FROM CHAPTER 16) SECrION 1. Subchapter J,Chapter 16, Education Code, is transferred to Subchapter Q, Chapter 21, Education Code, is renumbered, and is amended to read as follows: SUBCHAPTER Q [J]. EDUCATIONAL PROGRAMS FOR GIFTED AND TALENTED STUDENTS Sec. 21.651. DEFINITION. [4&8.101. EEMPARY PFPGGAM& (*o-] As used in this subchapter [seeesm], "gifted and talented student" means a student who, by virtue of outstandinp mental abilities, is capable of high performance. The student may demonstrate, singly or in combination, above-average achievement or potential in such areas as *eneral intellectual ability, specific subject matter aptitude, ability in creative and productive thinking, and leadership ability. The phrase does not include students who demonstrate above-average achievement or potential in areas relating to physical abilities. Sec. 21.652. ESTABLISHMENT. (a) [(M)] The Central Education Agency shall establish exemplary programs for gifted and talented students in various regions of the state. 68th LEGIS-2nd CALLED SESSION CH 28, SEC. VI-F1 (b) The exemplary programs shall reflect different approaches and alternatives suitable to the needs of the gifted and talented and commensurate with their learning abilities and special talents. (c) The exemplary programs shall be representative of different types of districts in various parts of the state in terms of size, composition, geographical influences, and shall be proportionate to the number of gifted and talented students and districts to benefit by their establishment. Sec. 21.653. STUDENT PARTICIPANTS. [(e)] Students shall be identified as gifted and talented for the exemplary programs through the use of criteria established by the State Boardof Education [eemais.e1. offedti]so. Sec. 21.654. APPLICATION. (a) [(t] A school district or a combination of school districts electing to establish an exemplary program for gifted and talented students shall submit an application to the Central Education Agency in accordance with rules adopted [bosed en .]deMo. sk*MIse by the State Board ofEducation [eemmissleoev, of edi.eeM ..t (b) To be eligible for funding consideration, an educational program for gifted and talented students shall be planned and conducted for no less than a full school year. Sec 21.655. STATE PLAN, ASSISTANCE. [] The State Board of Education [Gentra d ueekien Aleney] shall develop and periodically update a state plan for the education of the gifted and talented to guide local education agencies in establishing and improving programs for students identified as gifted and talented. The Central Education Agency shall assist local education agencies in the development of planned programs which are appropriately designed to meet the special needs of gifted and talented studepts. Sec. 21.656 [4&5NB]. FUNDING. (a) The funds for the exemplary programs for gifted and talented students shall be administered by the Central Education Agency. If the total amount of aid requested by applying eligible districts for exemplary programs for gifted and talented students exceeds the amount a pro riated for the programs, the Central Education Agency shall select programs to be funded bs on the criteria in [Nubseetl e§ Section 21.652 of this code [& 04.] and the rules adopted by the State Board of Education [g'.l.e .es eetabiehed by the emmuu eof edu a o Fi,st to esbSeeSetle 4 -]. The cost is borne by the districtand the state in the same percentagesused to determine the state/localshares under Chapter 16 of this code. The state's sharc of the cost shall be paid from the foundation school fund and shall be considered by the foundation school fund budget committee in estimating the funds needed for foundation school program purposes. Applying eligible districts shall receive an allotment equal to the state's share of $150 per p upilidentiled and served by the district in an exemplary program. A district or combination of districts must identify a minimum of 20 students to be eligible for an allotment. For the purposes of receiving funds under this section, no district may count as pupils served more than five percent of its total average daily attendance and no district shall receive in excess of $100,000. (c) Up to 10 percent of the funds allocated for the establishment of the exemplary programs may be reserved by the commissioner of education for program administration in coordination with the regional education service centers for program planning, technical assistance, and statewide staff development. PART E. DRIVER EDUCATION SECTION 1. Section 16.177, Education Code, is transferred to Subchapter D, Chapter 21, Education Code, is renumbered, and is amended to read as follows: Sec. 21.102 [14.1-7]. DRIVER EDUCATION. (a) The Central Education Agency shall develop a program of organized instruction in driver education and traffic safety for public school students who are 15 years of age or older. (b) With the approval of the State Board of Education, the commissioner of education shall establish standards for the certification of professional and paraprofessional personnel who conduct the programs in the public schools. [Reo ih the QIUMO1-6 seheol year, a seheel distrei is ell- -l to reeeiee -tofinosiee a drm4iec edueatiomiprogram in en amoun! not to elpeoeee $ mode dlst~ieteieeed o th te nu~mber. of students oeulre11014ed ;.. in dik es. edeation diwing the sete eefewlhthe ftmds were PART F. TRANSPORTATION SECTION 1. Subchapter F, Chapter 16, Education Code (except Section 16.206, which is transferred by another section of this Act), is transferred to Subchapter F, Chapter 21, Education Code, is renumbered, and is amended to read as follows: CH n, SEC. VI-FI 68th LEGIS-2nd CALLED SESSION [ 6WGWAq9 TTRANSPOPRPTATTION. FL G. PONeNT]e _6e? 444. T~RANSORT II SERVIGES. nstto eees sh" ie p~o~~ gd allotments thes'efe, "hllbedeter'mined aeees'lssg t the pimeweleng of ti See. 21.174 .11100]. PUBLIC SCHOOL TRANSPORTATION SYSTEM. (a) The county school boards, where funded under law, or local district school boards, subject to approval by the state commissioner of education, are authorized to establish and operate an economical public school transportation system within their respective counties or school districts. (b) In establishing and operating such transportation systems, the county or local district school boards shal: (1) requisition buses and supplies from the state board of control as provided for in this subchapter; (2) prior to June I of each year, with the commissioner's approval, establish school bus routes in their respective counties or districts for the succeeding school year; (3) employ school bus drivers certified in accordance promulgated jointly by the State Board of Education [ea with -d-seat standards and qualifications en Ageney] and the Texas Department of Public Safety as required by law; and (4) be responsible for the maintenance and operation of school buses. (get, 16,W8, GQ4UNW AND TRNP iDrzr"' rAAINi F"R&State Was4 for5~ tmnspotatie* payabe to the eewin! e9 disiset sebool tcansigematlon fand, shaW be forth tot aeo 'i tof fundsetais fes whe h o _tr9dsve is Sec. 21.175 [-.4 ]. USE OF BUSES FOR EXTRACURRICULAR ACTIVITIES, ETC. (a) The county or district school boards and the state commissioner of education shall promulgate regulations in regard to the use of school buses, for other than transporting eligible children to and from school. Under rules and regulations of the State Board of Education, the appropriate allocation in the county transportation fund, when approved by the county school board, or the district transportation fund, when approved by the board of trustees of the indppendent school district operating its own transportation system, may be used for school bus trsportatbon of respective sponsored by tlhe its pupils district. and necessary personnel on extracurricular activities and field trips (b) Subject to the rules of the State Board of Education [ee.- a.'=i.:. of ednteation], a school district or county school board governing a countywide transportation system may contract with nonschool organizations for the use of school buses. The district may provide services relating to the maintenance and operation of the buses in accordance with the terms of the contract. Sec. 21.176 [-1410]. APPROVED SCHOOL BUS ROUTES. School buses shall be operated to and from school on approved school bus routes and no variations shall be made therefrom. The penalty for varying from authorized routes and for unauthorized use of buses shall be the withholdin# of transportation funds from the offending county or school district. In the event the violation is committed by a district which receives no Foundation School Program funds, the penalty provisions of Section 4.02 of this code shall be applied. Sec. 21.177 [440]. ROUTES AND SYSTEMS: EVALUATION AND APPROV- AL. (a) All bus routes and transportation systems shall be reviewed by the state commissioner of education and he shall be responsible for establishing criteria for evaluating the several transportation systems of this state, but all the criteria shall be subject to approval by the State Board of Education. (b) The commissioner shall evaluate all transportation systems as rapidly as possible. (c) No new bus routes or extensions shall be approved prior to the survey of the transportation system of the district or county requesting them. (d) In approving a transportation system for a district or county, consideration shall be given to providing transportation for only those pupils who reside in hazardous areas or live two or more miles from the school they attend except handicapped pupils. No consideration shall be given to providing transportation for pupils transferred from one district to another when their rades are taught in their home district unless transferred as provided by law and transportation has been approved as provided by law. (e) There shall be no duplication of bus routes and services within sending districts by buses operated by two school districts and/or counties except on approval by the state commissioner of education. [Se. USE0cm =ASOR T FU~NDS FQII GTER PURPSES. No fnsPaid to the severawl trisoraie unt fo the ta setation systems in th&state shal ee- ne tps~ 66th LEGIS-2nd CALLED SESSION CH 28, SEC. VI-G1 Sec. 21.178 [.46,0]. RULES [F: GOMMIS810 ]. The [eommeo of edueetien femmult tuls and copuletlee. subjeet te apov - the] State Board of Education shalladopt rules for enforcing the provisions of this subchapter. Sec. 21.179 [& ]. APPEALS. Appeals to the commissioner of education and to a district court of Travis County [the &tteHo e-d of -Aueet. ] may be had from policy decisions of the school boards affecting transportation. Sec. 21.180 [4144]. PURCHASE OF VEHICLES. (a) Motor vehicles used for the purpose of transporting school children, including school buses, their chassis and/or bodies purchased through, the state board of control, shall be paid for by the state board of control as set out in applicable laws. The legislature may appropriate out of any money in the state treasury not otherwise appropriated a sum not exceeding $250,000, or as much thereof as necessary, for the state board of control to be used for such purposes. (b) Any sum appropriated shall be known as the school bus revolving fund. When motor vehicles and school buses are delivered to the various schools coming within the provisions of this subchapter [eh Iet], the. governing bodies of those schools shall reimburse the state board of control Ior the money expended for such school buses including their chassis and/or bodies and the money shall be deposited by the state board of control in the school bus revolving fund. Sec. 21.181 [44010]. CONTRACT WITH TRANSPORTATION COMPANY OR SYS- TEM. (a) As an alternative to maintaining and operating a complete public school transporta- tion system under this subchapter[t [(4] a county or district school board may contract with a public or commercial transportation company or system for all or any part of its public school transportation if the board is able to obtain an economically advantageous contract, provided that the commercial transportation company or system: (1) [A.] requires its school bus drivers to be certified by the Central Education Agency; and (2) [(WI uses only those school buses in transporting public school students that satisfy safety requirements imposed by law on school buses operated by public school transportation systems. (b) A contract is economically advantaous if the cost of the service contracted for is equal to or less than the total cost to the school district for providing its own complete bus service. The total cost to the school district is the state transportation cost allotment plus the supplementary funds necessarily provided by the local school district to provide complete transportation services. (c) This section in no way prohibits the local school board from supplementing the state transportation cost allotment with local funds necessary to provide complete transportation services. (d) The [state eemmlsaien, e f duestle.i subjoet to the eplpsdo' of the] State Board of Education[T] shall adopt [melee] rules for the administration of this section. (e) Contracts for alternative public school transportation may include provisions for transporting students to and from approved school activities. (f) Upon approval of the contract by the State Board of Education, the portion of the annual transportation allotment which is to be used to finance the contract for alternative transportation services shall be included in the annual transportation cost allotment for the respective county or district. SECTION 2. Section 21.173(a), Education Code, is amended to read as follows: (a) Except as otherwise provided by this section, a school district that receives funding under Subsection (h) [(4)] of Section 16 156 [4&M] of this code may not require or allow a child to stand on a school bus that is in motion. PART G. DISCIPLINE MANAGEMENT SECTION 1. Chapter 21, Education Code, is amended by adding Subchapter R to read as follows: SUBCHAPTER R. DISCIPLINE MANAGEMENT PROGRAMS Sec. 21.701. ADOPTION AND APPROVAL OF PROGRAMS. Each school district shall adopt and implement a discipline management program. Before implementation, the proposed program must be submitted to the Central Education Agency, which shall review and approve or reject the program. Sec. 21.702. CONTENT OF APPROVED PROGRAMS. To be approved, a discipline managementprogram must: CH 28, SEC. VI.GI 68th LEGIS-2nd CALLED SESSION (1) encourage the 00nmitmen cooperation, and involvement of school district administra. $ors, teachers, parents and students in the development of the program; (2) encourage the use of the regional education service center to assist in developing the pogram and providing training to teachers and administrator" (3) require the designation of a person in each school with special training in discipline management to implement and assess the program in that school and to identify and refer appropriate students to school-community guidance programs; (4) require the development of a student code of conduct that clearly describes the district's expectations with respect to student conduct, including provisions similar to the Attorney General's Proposed Voluntary Student Code of Conduct of 1980, and specifies the consequences qf violating the cod" (5) spec cally outline the responsibilities of teachers, administrators, parents, and students in the disciplinemanagement program; and (6) make parental involvement an integral part of the discipline management program, requiring: (A) at least two parent-teacher conferences during each school year; (B) parent training workshops for home reinforcement of study skills and specific curriculum obectives; and (C) a written statement signed by each parent that the parent understands and consents to the responsibilities outline in the program. Sec. 21.703. RECOMMENDING TRAINING PROGRAMS. The agency shall recommend to school districts sec fc training programsat Institutions ofhigher education to assist the districts in developing the disciplinemanagement prograts. Sec 21.704. MONITORING. The agency shall monitor through the accreditation process the development, implementation, and enforcement of discipline management program& The agency shall make recommendations for imp roving programs that it determines are not functioning as effectively as possible and shall establish procedures for monitoring improvement. Sec. 21. 705. TEACHER TRAINING. (a) Each school district shall provide, and each teacher must successfilly complete, training in the discipline management program that is adopted in the district. (b) Training under this section may be provided through Inservice work or another instructional arrangement. (c) The school district must use inservice work for reinforcing teacher training in discipline management. Sec. 2L 706. GUARDIAN& In this subchapter, 'arent" includes a legal guardian. SECTION 2. Each school district shall implement a discipline management program in accordance with Subehapter R, Chapter 21, Education Code, as added by this Act, not later than September 1, 1986. Each school district shall veriNy to the Central Education Agency, not later than December 31, 1986, that each teacher in the district has received training in accordance with Section 21.705, Education Code, as added by this Act. The State Board of Education may prescribe a deadline for submission of the programs for approval, consistent with the date of required implementation. SECTION 3. Subchapter I, Chapter 21, Education Code, is amended by amending Section 21.301 and adding Section 21.3011 to read as follows: Sec. 21.301. REMOVAL OF INCORRIGIBLE PUPILS ALTERNATIVE EDUCATION PROGRAM (a) The board of trustees of a school district or the board's designate, on finding a pupi gul of incorrigible conduct, may remove the pupil to an alternative education program. The boa or its designate may not suspend or expel the puil except as provided by Section 21.3011 of this code. [gUSPENI-10p OF i N Wll PUP116, ( The board of kstetho of e a d fer the pc,-' iAe of the seh I- e - e - fo~sadg Ineyi4It he af endiset- 9ti04 "upnso no tn eswPen teem of the seee] (b) To find a pupil guilty of incorrigible conduct, the board of trustees or the board's designate, at a hearing that provides procedural due process, must find: (1)that the pupil's continued presence in the regular classroom program or at the home campus presents a clear, present, and continuing danger ofphysical harm to the pupil or to other individuals; or (2) that: (A) the pupil has engaged in serious or persistent misbehavior that threatens to impair the educational efficiency ofthe school; 68th LEGIS-2nd CALLED SESSION CH 28, SEC. VI-G3 (B) the misbehavior violates specific, published standards of student conduct for the school district; and (C) all reasonable alternatives to the pupil's regular classroom program, including a variety of discipline management techniques, have been exhausted. (c) The pupil's parent or a representative is entitled to notice of and to participate in a disciplinary proceeding under this sectio - (d) Except as provided by this subsection, the term of a removal under this section may not exceed the end of the semester during which the conduct that directly led to the removal occurred. If the conduct occurred during the final six-week reporting period of a semester, the term of the removal may exceed the end of that semester but may not exceed the end of the next semester. (e) The board of trustees or its designate shall make reasonable efforts to provide for the continuing education of a pupil removed under this section, including providing for the pupil to be in: (1) a supervised educational setting, such as: (A) in-school suspension; (B) reassignment ofclasses; (C) transfer to a different school campus; (D) transfer to a schaol-community guidance center; and (E) assignment to a community-based alternative school; or (2) an unsupervised educational setting, including home-based instruction. (t) A pupil who is removed for being truant or tardy may not be placed in an unsupervised educational setting. (g) A teacher may remove a pupil from class in order to maintain effective discipline in the classroom. The principal shall respond by employing disciplinary alternatives consistent with local policy. (h) The board of trustees or the board's designate shall recommend for disciplinary action a pupil who has accrued more than five days of unexcused absence during a semester or more than 10 days of unexcused absence during a school year. (i) A decision to remove a pupil made under Subsection (a) of this section may be appealed to the board of trustees. (j) Pending an appeal under Subsection (i) of this section, a pupil may not be denied the privileges of the pupil's home cam us unless the board of trustees or the board's designate determines that the pupil's continuedpresenceat the home campus presents a continuing danger of physical harm to the pupil or to other individuals. (k) Each school district shall develop an alternative education program for pupils found guilty of incorrigible conduct that provides for keeping the pupils in an educational environment with the school district's supervision. Each school district shall submit for approval to the State Board of Education an outline of its program developed under this subsection. [140 A tefteher ffl, feoMM end fored *ermo-v from eles immediately MAwho aseeheis he- - I Property asod e s ormIwto been . m tht toeheben on o to .e....... , te-.eo w-t. th ........ bility o ...m....... e with ho majo of sttidents i the tho ' per e under t 8; seeti ts-seetion tho yo eelessdays tfe ao t wnee- the e the tzazher, it , tOiFH OA Peiesaed 0-n atten eRe apt ai t t e e the e aneethee ie @halh [4 sspend the puipil from the pl'egsof the sehoels foe amy peried of time eonsistetwtIea peliey- bt ntet beyond the eueeent term of seheeli, or [(* suspend tepupil from t-he ehas fee a"y period of time niet to emtend beyond the etieeent teemn of sehool, or [A plae the pupil beli n tha ektass- If the Vil eemmnits a seeond offense uender this seeiee en puika !n be eeoed froee em immrediately by the teaehee- andfolowing the. teaehee-s reeemmenation fesuspension ma~y noet eettien to that enta the eu teiof theoe thut he a wi~f ubeuentfese onee ths seetien by' thbaeppl RV nyth oe es smy aetuen ofthepupi t ha elass -uin thI uen terrm ofehool aftee the tesehee. Ja~tizr. has been reer~sed by the peineipal and siiperintendent, CH 211, SEC. V1-G3 68th LEGIS-2nd CALLED SESSION Sec 21.3011, EXPULSION OF INCORRIGIBLE PUPIL (a) A pupil who has assaulted a teacher or other individual on school property may be removed immediately from class and txlled without resort to an alternative educationprogram under Section 21.301 of this code (f in tke opinion of the board of trustees or the board'sdesignate, the pupil's continuedpresence In the clasn presents a clear,present, and continuing danger of physical harm to the pupil or to other Ilhv[duals on schoolproperty. (b) If the board of trustees or the board's designate determines that a pupil, after having been placed in an alternative education program under Section 21.30) of this code, has continued to be guilty of incrrigible conduct to the extent that keeping the pupil in the program or the schools would seriously impair the ability of the program or the schools to provide education to other students andi that no further reasonable effots to provide for the continuing education of the pupil can be mad the boor or its deignate by written order may expel the pupil from the school system. The board or its desinate shall set a term for the expulsion, which may not extend beyond the current term of the school year except as provided by Section 21.301(d) ofthis code. (c) A decision to expel a pupil under this section may be appealed to the board of trustees. (d) The board or its designate shall deliver a copy of the order expelling the pupil to the pupil and thepyillsprent orguardian. The board or its designateshall also deliver a copy of the order to the authorisedofficer of theJuvenile court in the county in which the pupil resides. The officer shall determine Whether a petition should be: (1) filed allegingthat the pupil is in need of supervision;or (2) referred to an appropriatestate agency. (e) Each school district shall provide each teacher and administratorwith a copy of Section 21.301 of this code and this section and a copy of any local policies related to those sections. SECTION 4. Subsection (d), Section 4.20, Education Code, is amended to read as follows: (d) It shall be the duty of school directors, boards of education, school instructors, and other corporate authority managinb and controlling any of the public schools of this state within the provi~ion$ of this section to recommend placing in an alternativeeducationprogram [s or, fe fie te sehel u e A .1F ] any pupil of a school under their control [ebh ;;"ee] who shall be or remain a member of, or who shall join or promise to join, or who shall become join, or pledged to beoome be ple.dged a member to become of, orofwho a member anyshall suchsolicit anyschool public other person to join, promise orto fraternity, or sorority, secret society. The above restrictions shall not be construed to apply to agencies for public welfare, viz.: Boy Scouts, Hi.Y, Girl Reserves, DeMolay, Rainbow Girls, Pan-American Clubs, schohlhip societe, and other kindred educational organizations sponsored by the state or national education authorities. PART H. VOCATIONAL EDUCATION SECTION 1. Subchapter D, Chapter 21, Education Code, is amended by adding Sections 21.112 and 21.113 to readae follows: Se.21.112. APPROVAL AND REVIEW OF VOCATIONAL PROGRAMS. (a) The State Bood ofEducation shell adopt rulesfor vocational-technical education in public schools (b) Each vocational program must be approved by the State Board of Education. Each district shall review.each vocational education program at least once every five years to reestablish approval status. Criteria to be used for granting continued approval shall be set forth in the rules of the State Board of Education. (c) Priority shall be gven to requests for vocational programs specifically identified on a list of priority occupations app roved by the State Board of Education. The state board shall annually update th piority list for use by school districts in planning vocational programs. d(d) Prior to requesting a new vocational program, a district shall undertake a cost study to dtermine if it is more cost-effective to operate its own program than to undertake a contractual greement with another school district, with a public or private postsecondary institution, or with a trade or technical school to provide the vocational program for students in the school district. (e) All new, additional, and continuing vocational programs shall offer competency-based instruction. Instruction must be based on the essential elements approved by the State Board of Education. A competency profile must be maintained for each student enrolled. CO Allthenew between and additional proposed vocationalvocational program andprogram existingrequests must include poti'econdary a plan programs forarea. in the articulation (g) The State Board of Education rules shall set forth ichnimum enrollments for each type of vacationalprogram. The minimum enrollment must be maintained by a disrict in order to receive full fundng The rules must also containproceduresfor adjusting funding entitlements downward for enrollments below minimum levels. 68th LEGIS-2nd CALLED SESSION CH 28, SEC. VI-HI1 (h) A district may employ vocational personnel on 10-, 1-, or 12-month contracts, in accordance with the rules adopted by the State Board of Education. (i) A district may assign vocational teachers to teach other subject areas in which the teachers are certified or to other duties as necessary. Vocational funding for the teachers assigned nonvocational duties will be reduced by an amount equal to the portion of the school day during which those duties are performed. () A district may use vocational program facilities and equipment for nonvocational instructional programs. Each district shall develop guidelines denoting responsibility for program facilities and equipment when being used for nonvocational instructional purposes. (k) A district shall give priority to using employer-based facilities for vocational training in occupations in which rapid technological advancements make it impractical to develop in-school laboratory programs. (1) Working in conjunction with the State Job Training Coordinating Council, the State Board of Education and public school districts shall consider developing training programs for adults, to include displaced workers, using existing school facilities and personnel at times when the facilities or personnel are no, being used for in-school students. (m) From funds available under Section 16.155 ofthis code, the State Board of Education may establish incentives for districts to utilize industry personnel as part-time instructors or as a part of team teaching. (n) Beginning with the 1985-1986 school year, each district enrolling a student in a vocational program shall consider the suitability of established vocational curricula for the student and the adequacy of the student's academic preparation for admission to a particular vocational curriculum. A district may enroll students with special learning needs in vocational programs specifically designed to serve those needs, in accordance with rules adopted by the State Board of Education. Sec. 21.113. MASTER PLAN FOR VOCATIONAL EDUCATION. (a) The State Board of Education shall prepare and annually update a master plan for vocational education in Texas which sets forth objectives for vocational education for the next school year and long-term go 'isfor the followingfive years. (b) The master plan design must include the provision of vocational programs through public school districts and public postsecondary institutions and the support of those programs by private employers and proprietary schools. The vocational programs must be designed to meet the needs of new and emerging occupations listed on the State Board of Education priority list of occupations and to meet the needs of special population groups such as handicapped persons, disadvantaged persons, and adults. (c) The masier plan must include procedures designed to ensure that: (]) all secondary and postsecondary students in Texas have the opportunity to participate in vocational education programs; (2) the state complies with requirements for supplemental federal vocational education funding; and (3) vocational education is established as a part of the total education system of the State of Texas. (d) The State Board of Education shall develop the master plan with information and advice from the Advisory Council for Technical- Vocational Education in Texas, from other concerned departments and agencies of state government, from local school districts and postsecondary institutions, from local advisory councils, and from private and proprietary organizations and institutions. The State Board of Education shall hold a public hearing annually prior to its final approval of the master plan or update of the master plan. (e) It is the intent of the legislature that the plan be designed to meet the needs of the State of Texas for vocational education, in contrast to a plan which is only a document for compliance with federal laws and regulations. () The State Board of Education shall issue annually, not later than September 30, a schedule of activities involved in preparing and updating the master plan and shall make the schedule available to all persons concerned with the planning of vocational education in the state. (g) The State Board of Education shall evaluate quantitatively and qualitatively vocational programs and the progress under and compliance with the master plan and shall biennially report its findings to the legislature, the governor, and the Advisory Council for Technical- Vocational Education in Texas. CK A8 SEC VI.II, 6th LEGIS-2nd CALLED SESSION PART I. ALTERNATIVE EDUCATION PROGRAMS OUTSIDE THE SCHOOLS SECTION 1. Subchapter A, Chapter 11, Education Code, is amended by adding Section 11.205 to read as follows: See. 11.205. DROPOUTREDUCTION PROGRAM. (a) The CentralEducation Agency may develop a program to reduce the rate ofstudents leaving the public schoolsystem before completing high school The goal of the program shall be to reduce the statewide dropout rate to not more thanfive percent of the totalstudent population. (b) The agency may develop a system for school districts to collect data on student dropouts. The system must attempt to collect data regardingeach student dropout,including the ape, sex, ethnic origin, socioeconomic status, and highest completed grade evel of the student dropout. SECTION 2. The Texas Job-Training Partnership Act (Article 4413(52), Vernon's Texas Civil Statutes), is amended by adding Section 9A to read as follows: Sec. 9A. CONTRACTS FOR STUDENT DROPOUT& (a) The Texas Deportment of Community Afairs is authorized to enter Into contracts with private, nonprofit organizationsthat conduct mod.a or exemplary youth programs that meet the unique educationalneeds of student dropouts to prtvide educationalservices to student dropouts. A contractunder this section must be made In accordance with the same procedure by which a state agency contracts with a private consultant under Chapter454, Acts of the 65th Legislature, RegularSession, 1977 (Article 6252- lic, Vernon's Texas Civil Statutes). (b) A contract under thissection must be structuredto encouragepartnershipsamong the public school districts, private industry councils, and private, nonprofit organizations described in Subsection (a) of thissection. (c) A program provided under a contract in accordance with this section must attempt to: (1) return student dropouts to the public schoolsystem; (2) preparestudent dropoutsto successfully complete the requirementsfor a generalequivalency oradult proficiencylevel diploma; and (3) preparestudent dropoutsto obtainpermanent employment. (d) A program provided under a contract in accordance with this section must provide a curriculumthat isflexible and innovative, but thatprovides trainingin basic skills. (e) An organizationproviding a program under this section shall document its overallstrategy and success rate in educatingstudent dropouts andprovide this information to each school district In the area the organization serves. The organizationshall request that each school district in the area the organization serves provide input regarding the referral process, curriculum, and instructionalresourcesofthe program. (,0 The primary criterion to be used in determining the success rate of a program under this section is the rate at which the student dropouts in the program: (1) return to public school; (2) acquirea generalequivalency or adultproficiency level diploma," (3) obtainpermanentemployment; and (4) are not being arrestedorprosecutedfor a crime. SECTION 3. (a) The Texas Department of Community Affairs shall seek proposals from qualified research organizations and prepare a report for the legislature that includes: (1) research into the problem of student dropouts, including a cost-benefit analysis of the effect student dropouts have on the criminal justice system and the economy of this state; (2) evaluations of various programs for educating student dropouts; and (3) educational and employment-based proposals to solve the problem of student dropouts and their involvement in criminal activities. (b) The department shall present the report to the 69th Legislature not later than December 31, 1986. ARTICLE VII. MISCELLANEOUS SECTION 1. (a) The Legislative Education Board shall conduct a study of telecommunica- tions used in and by public schools. In conducting the study, the board shall review facilities and technologies currently used or proposed to be used by districts across the state, including cable, microwave, and satellite systems as they are incorporated into telephone, television, and computer systems. (b) The board shall evaluate the various engineering designs for the systems studied and shall make recommendations in regard to the system most desirable for the communication and educational needs of the schools considering the evaluations and relative costs. 68th LEGIS-2nd CALLED SESSION CH 28, SEC. VIII-1 (c) The recommendations and evaluations shall be included in a public report distributed to the State Board of Education, the legislature, and the governor. (d) The sum of $1,000,000 is appropriated to the Legislative Education Board from the general revenue fund for the purpose of conducting the telecommunications study. SECTION 2. Section 21.257, Education Code, as added by Chapter 784, Acts of the 68th Legislature, Regular Session, 1983 (relating to microfilming records and reports), is renumbered as Section 21.259, Education Code. SECTION 3. Section 16.252, Education Code, as amended by this Act, is amended by adding Subsection (e) to read as follows: (e) The commissioner of education shall hear appeals from local school districts which have experienced a rapid decline in tax base used in 4aiculating the localfund assignment, exceeding eight percent of prior year, that is beyond the control of the tocal board of trustees. The commissioner of education may adjust the local school district's taxable values for local fund assignmentpurposesfor such losses in value and thereby adjust the localfund assignment to reflect the local current year taxable value. Tne decision of the commissioner of education shall be final. An adjustment does not affect the localfund assignment of any other district. SECTION 4, Subchapter C, Chapter 54, Education Code, as added by this Act, is amended by adding Section 54.107 to read as follows: Sec. 54.107 APPROPRIATION LIMIT The legislature may appropriatenot more than $5 million a yearfor purposes of loans under this subchapter. SECTION 5, Part D, Article 1, of this Act, relating to appeals of decisions of the commissioner of educatioii, takes effect September 1, 1984, and applies to a decision rendered by the commissioner of education or a local school district board of trustees rendered on or after that date. SECTION 6. Sections 35.4041 and 35.406, Title I 10B, Revised Statutes, as added by this Act, take effect September 1, 1985. ARTICLE VIII. APPROPRIATIONS SECTION 1. The appropriations authorized by item 1, Page 111-6, and Item 10, Page 111-7, Texas Central Education Agency - Programs, of Senate Bill 179, 68th Legislature, Regular Session, 1983, and associated riders are void for the fiscal year ending August 31, 1985, with the final enactment of the following appropriations: Fiscal Year Ending August 31, 1985 1. Foundation School Program Allocations to Local Schools Basic Allotment, estimated S4,099,597,926 Special Education Allotment 435,449,300 Compensatory Education Allotment 319,449,694 Bilingual Education Allotment 35,216,182 Vocational Education Allotment 239,899,119 Transportation, estimated 176,825,000 Education Improvement atid Career Ladder Allotment, estimated 291,218,500 FSP Subtotal $5,597,655,721 h. Less Local Share, net -1,605,793,899 i. State's Share, estimated and sum certain $3,991,861,822 j. Experienced Teacher Allotment, estimated 36,832,575 k. Enrichment Equalization Aid 499,557,187 1. Equalization Transition 70,000,000 m. Statewide Programs for Visually Handicapped 6,230,226 CH 311 = vm-t 6th LEGIS-2nd CALLED SESSION Fiscal Year Ending Auzst 31. 1985 a. Regional Schools for the Deaf 24,082,003 o. Regional Media Centers, estimated 2,774,000 p. Computer Services, estimated 2,774,000 q. Education Service Cntern, estimated 7,712,000 r. Incentive Aid, estimated 600,000 a. Sick Leave, estimated 5,000,000 t. Student Teaching 2,200,000 u. Community Education 1,505,000 v. Gifted and Talented, estimated 4,513,350 w. ASP Payment to State Schools, estimated 2,418,000 x. Less Prior Year Adjustment -3,000,000 Total, FSP State Aid H,.654,1420161 Method of Financing: Out of Foundation School Fund No. 193 $4,122,827,163 Out of Available School Fund No. 002 Allocation to State Schools, estimated 2,418,000 Allocation to Local Schools, estimated 528,897.000 Total SECTION 2. In addition to amounts previously appropriated, the following amounts are appropriated out of the General Revenue Fund for the fiscal year ending August 31,1985: a. Teacher Retirement System, the state contribution, at 7.1 % of payroll necessary to match members' contributions, estimated at $ 51,987,659 b. Legislative Education Board, Telecommunications Study 1,000,000 c. State Property Tax Board - Office of Valuations, to implement annual studies 948,473 d. State Comptroller of Public Accounts 38,636 e. Texas Youth Commission 327,812 f. Texas Department of Mental Health and Mental Retardation 516,154 g. Texas School for the Blind 171,165 h. Texas School for the Deaf 333,617 Subtotal, Section 2, General Revenue $ 55,323.516 SECrION 3. In addition to amounts previously appropriated, the following amounts are appropriated out of the General Revenue Fund to the Texas Central Education Agency administration for the fiscal year ending August 31, 1985: a& LEGIS-2nd CALLED SESSION CH 28, SEC. IX-3 2. Professional Development and Support S 200,000 3. Agency Administration 500,000 4. Planing, Research and Curriculum 400,000 5. School Support 3,064,900 6. Finance and Program Administration: b. Special Education 400,000 d. Special Populations 400,000 Total, Additional for Administration $ 4.964.900 SECTION 4. In addition to amounts previously appropriated to the Coordinating Board, Texas College and Univetsity System, from earned federal funds and specified in Article III, pale 111-20, S.B. 179, Acts of the 68th Legislature, Regular Session, 1983, the following amounts are appropriated to the Coordinating Board. a. Coordinating Board, Texas College and University System: (I) Student Loans, Chapter 54 $ 1,200,000 (2) Student Loans, Chapter 60 1,000,000 Subtotal, Section 4, Earned Federal Funds No. 208 $ 2,200.000 SECTION S. TOTAL METHOD OF FINANCING - ARTICLE VIII. APPROPRIA- TIONS Out of Foundation School Fund No. 193 $4,122,827,163 Out of General Revenue Fund No. 001 60,288,416 Out of Available School Fund No. 002 531,315,000 Out of Earned Federal Funds, Fund 208 2,200,000 TOTAL $4.716A630.,79 ARTICLE IX. EFFECTIVE DATE SECTION 1. LEGISLATIVE FINDING: APPLICATION OF VOTING RIGHTS ACT. The legislature finds that the only portion of this Act that is subject to review by the United States Department of Justice under the federal Voting Rights Act (42 U.S.C. Sacs. 1971, 1973dd-5) is Part B, Article I. The secretary of stale shall submit that portion of this Act for review by the justice department in accordance with federal law and that portion of the Act takes effect as provided by this Act as modified by the requirements of federal law. All other provisions of this Act take effect as provided by this Act. SECTION 2. GENERAL EFFECTIVE DATE. Except as otherwise specifically provided by this Act, this Act applies beginning with the 1984-1985 school year. SECTION 3. EMERGENCY. The importance of this lelislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force according to its terms, and it is so enacted. Pansed by the House on June 21, 1984, by the following vote: Yeas 119, Nays 29, 2 present, not voting; House refused to concur in Senate amendments to H.B. No. 72 on June 23, 1984, and requested the appointment of a conference committee to consider the differences between the two houses; House adopted the conference committee report on H.B. No. 72 on June 30,1984, by the following vote: Yeas 106, Nays 42, 1 present, not voting; passed subject to the provisions of Article III, Section 49a, of the Constitution of the State of Texas; passed by the Senate, with amendments, on June 23, 1984, by the following vote: Year 22, Nays 9; at the CH U 68th LEGIS-2nd CALLED SESSION request of the House, the Senate appointed a conference committee to consider the differences between the two houses; Senate adopted the conference commit- tee report on H.B. No. 72 on June 30, 1984, by the following vote: Yeas 22, Nays 9; passed subject to the provisions of Article III, Section 49a, of the Constitution of the State of Texas. Approved: July 13, 1984 Effective: 1984-85 school year unless otherwise specified. CHAPTER 29 H.B. No. 101 An Act relating to the assessment of damages incertain eminent domain proceedings. Be it enacted by the Legislature of the State of Texas. SECTION 1. Section 21.042, Property Code, is amended by adding Subsection (e) to read as follows: (e) If a portion of a tract or parcel of real property is condemned for the use, construction, operation, or maintenance of the state highway system or of a county toll project described by Chapter 304, Acts of the 50th Legislature, Regular Session, 1947 (Article 6795b-), Vernon's Texas Civil Statutes), that is eligible for designation as part of the state highway system, the special commissioners shall determine the damage to the property owner regardless of whether the property owner makes a claim for damages to the remaining property. In awarding compensation or assessing the damages, the special commissioners shall consider any specialand direct benefits that arise from the highway improvement that are peculiar to the property owner and that relate to the property owner's ownership, use, or enjoyment of the particufar parcel of remaining real property. SECTION 2. This Act takes effect October 1, 1984. SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperath-t public necessity that the constitutional rule requiring bills to be read on three several days in ch house be suspended, and this rule is hereby suspended. Passed by the House on June 30, 1984, by a non-record vote; passed by the Senate on July 3,1984, by the following vote: Yeas 20, Nays 9. Approved: July 13, 1984 Effective: October 2, 1984 CHAPTER 30 H.B. No. 111 An Act relating to appropriations to the State Department of Highways and Public Transportation for the fiscal year ending August 31, 1985, for highway maintenance and construction. Be It enacted by the Legislature of the State of Texas: SECTION 1. Contingent on final passage of H.B. 122, 2nd Called Session, 68th Legislature, there is hereby appropriated to the State Department of Highways and Public Transportation for the fiscal year ending August 31, 1985, in addition to amounts previously appropriated, an amount estimated at $400 million from increased revenue to the state highway fund no. 6 collected pursuant to the provisions of H.B. 122. Such additional appropriation shall be used for highway maintenance and construction. SECTION 2. In addition to other amounts appropriated, there is hereby appropriated, contingent on final passage of H.B. 122, 2nd Called Session, 68th Legislature, an amount not to exceed$235 million from the general revenue fund and the balance of the motor fuel tax fund no. 060, estimated at $30 million, to the State Department of