| | Home | General Information | Staff | Bill Analysis | SRC Publications | TxAccess | |
| Home | Overview | Table of Contents |
§ Exempts a child compulsory school attendance requirements
if legally expelled in a school district (district) that does
not participate in a mandatory juvenile justice alternative education
program (JJAEP).
§ Requires the board of trustees of a district (board),
with appropriate advice, to adopt a student code of conduct for
the district. Requires the code of conduct to be posted and prominently
displayed at each school campus.
§ Establishes guidelines for placement of a student in an
alternative education program (AEP).
§ Requires placement for certain criminal offenses committed
on or within 300 feet of school property, or while attending a
school-related activity.
§ Requires placement for felony offenses against another
person if the student receives deferred prosecution, is found
to have engaged in, or is reasonably believed to have engaged
in the offense, and it is committed off campus and not at a school-related
activity.
§ Authorizes placement for other felony offenses if there
is reasonable belief that the student engaged in the offense and
the student's presence in the regular classroom is a threat to
safety or will be detrimental to the education process.
§ Requires placement of a student younger than 10 years
of age who is engaged in any of the aforementioned conduct.
§ Sets forth requirements for review and appeal of a student's
placement in an AEP.
§ Entitles a district providing educational services to
count pre-adjudicated and post-adjudicated students who are confined
in a county juvenile residential facility in the district's average
daily attendance for state funding purposes.
§ Authorizes a student to be expelled for conduct involving
illegal drugs, alcohol, glue, or aerosol paint while on school
property or at a school-related activity.
§ Requires a student to be expelled for at least one year
for bringing a firearm to school, with certain exceptions.
§ Prohibits a student who is younger than 10 years of age
from being expelled for engaging in certain conduct, unless otherwise
specified.
§ Provides that a district is not required to provide AEP
courses other than those specified by law.
§ Requires the commissioner of education to adopt rules
necessary to administer the public school accountability system
for AEPs.
§ Requires the scheduling of a conference, with certain
parties, for a student removed from class. Entitles the student
to receive an explanation for the removal at the conference, and
provides an opportunity to respond.
§ Requires a student placed in AEP to be provided a review
of the student's status, including a review of the student's academic
status. Also requires the establishment of a specific graduation
plan for a high school student.
§ Entitles the student to be represented at an expulsion
hearing. Authorizes the district to hold the hearing regardless
of whether the student or the student's representative is present,
if the district has made a good-faith effort to contact them.
§ Requires an expelled student, in a county that operates
a JJAEP, to immediately attend the educational program from the
date of expulsion.
§ Prohibits a district from refusing to admit a student
after the student successfully completes any court disposition
requirements. Authorizes the district to place a student in an
AEP.
§ Authorizes the district to which an expelled student transfers
to continue the expulsion; place the student in an AEP for the
period specified; or allow the student to attend regular classes.
§ Requires the juvenile court to place a student in a JJAEP
if a student is expelled for certain offenses. Requires consideration
of the district's expulsion order in determining placement.
§ Requires each district to approve JJAEP course credits earned by a student the same as school credits.
§ Requires the regular review of the student's academic
progress in a JJAEP. Provides that a district is not required
to provide JJAEP courses other than those specified by law.
§ Requires the Texas Juvenile Probation Commission (TJPC),
with commissioner approval, to develop and implement a system
for ensuring students attending a JJAEP make progress toward grade
level.
§ Requires TJPC to adopt rules for the distribution of funds
appropriated to juvenile boards. Provides that certain students
served by a JJAEP on the basis of an expulsion are not eligible
for state funding.
§ Requires certain districts and county juvenile boards
to annually enter into a joint memorandum of understanding (MOU)
which outlines the duties and services of a JJAEP.
§ Requires the district to provide educational programs
to expelled students not eligible for admission into a JJAEP.
Authorizes the district to contract with another entity to provide
programs.
§ Authorizes a binding arbitration process if the district
and county juvenile board cannot agree on an MOU.
§ Provides immunity from liability, when operating a JJAEP,
for a juvenile board and a county commissioners court and their
employees and volunteers to the same extent as a district.
§ Requires a JJAEP certified educator to be eligible for
the Teacher Retirement System of Texas to the same extent as a
district employee.
§ Requires each district to annually report to the commissioner
relating to students placed in AEPs and students who were expelled.
§ Requires a law enforcement agency to notify the district,
within 24 hours, of the arrest or referral to juvenile court of
any student committing a felony offense. Requires the district
to notify all personnel who supervise the student.
§ Requires notification to the district removing the student
to an AEP if the student's case was refused or dismissed, the
student is found not guilty, or certain determinations are made.
§ Prohibits a student from being expelled in a county where a JJAEP is operated without written notification by the district.
§ Requires the release of an expelled child in certain counties
to be contingent on attending a JJAEP, pending certain actions.
| Top |
§ Provides that a juvenile board and a commissioners court
of a county, in relation to the development and operation of a
juvenile justice alternative education program, are immune from
liability to the same extent as a school district.
§ Provides that the juvenile board's or county's professional
employees and volunteers are immune from liability to the same
extent as a school district's professional employees and volunteers.
§ Requires a performance incentive awarded to a principal
to be distributed to the principal's campus in the manner determined
by the campus-level planning and decision-making committee in
accordance with the statutory provisions relating to use of monetary
awards.
§ Requires the commissioner of education to develop a study
on establishing an incentive grant program for all classes of
educators to be reported to the legislature by December 1, 1998.
§ Requires the study to focus on developing objective methods
for the issuance of grants in the areas of student performance,
continuing education, and professional duties performed by teachers
in addition to classroom duties.
§ Requires the commissioner of education to adopt rules
for determining the experience for which a teacher or librarian
is to be given credit in placing the teacher or librarian on the
state minimum salary schedule.
§ Requires a school district to credit the teacher or librarian
for each year of experience without regard to whether the years
are consecutive.
§ Requires the Texas Education Agency (TEA) to develop a
study project to determine the costs and benefits of using computer
networks, including the Internet, in public schools. Requires
the commissioner of education (commissioner) to determine the
issues to be studied in the project, including the possibility
of delivering, through a computer network, updated supplements
to textbooks.
§ Requires an advisory committee to be appointed to assist
TEA in the study project.
§ Requires the commissioner to appoint the advisory committee
agency personnel, textbook publishers, educators, students, and
technology experts.
§ Requires the presiding officers of the senate and the
house of representatives to each appoint two members of the legislature
to serve on the advisory committee.
§ Sets forth requirements of the study.
§ Requires the commissioner to appoint a subcommittee to
investigate the feasibility and cost-effectiveness of developing
electronic textbooks to be used by students who are blind or have
other disabilities.
§ Requires TEA to report the results of the study project
to the 76th Legislature by February 1, 1999.
§ Requires the State Board of Education to determine the
amount of the available school fund to set aside for the state
textbook fund to provide an allotment to each public school district
equal to at least $30 per student in average daily attendance
for any year provided by appropriation to purchase instructional
technology and pay for teacher instructional technology training.
§ Provides that this act takes effect immediately and applies
beginning with the 1996-97 school year.
by Senator Luna
House Sponsor: Representative Hernandez
§ Reestablishes the school child care services program.
§ Authorizes the Work and Family Policies Clearinghouse
to distribute money appropriated by the legislature to any school
district to implement child care before and after the school
day and during school holidays and vacations for the district's
school-aged students.
§ Adds "prekindergarten" to program information
the Texas Workforce Commission shall distribute to school districts.
§ Requires regional education service centers (center) to
be located throughout the state so that each school district (district)
has the opportunity to be served and to participate on a voluntary
basis, in a center that meets the accountability standards established
by the commissioner of education (commissioner).
§ Requires the commissioner, rather than the Texas Education
Agency, to provide for the establishment and operation of no more
than 20 centers. Authorizes the commissioner to decide any matter
concerning the operation or administration of the centers.
§ Provides that the provisions relating to centers do not
limit a district's freedom to purchase services from any center,
or require a district to purchase services from a center.
§ Requires centers to assist districts in improving student
performance; enable districts to operate more efficiently and
economically; and implement initiatives assigned by the legislature
or commissioner.
§ Sets forth administrative provisions relating to the governance,
executive director, tax status, immunity from liability, and employee
leave policy of a center.
§ Requires centers, subject to approval of the board of
directors, to offer programs and activities to districts and campuses
for core services, student improvement services, and additional
contracted services.
§ Requires each center to annually develop and submit to
the commissioner for approval a plan for improvement that must
include the purposes and description of the services the center
will provide to schools, particularly low-performing campuses.
§ Requires each center to maintain core services for teacher
training and assistance, district assistance, administrator training
and assistance, and legal compliance assistance.
§ Authorizes a center to purchase or lease property or acquire
property through a lease-purchase agreement. Authorizes a center
to incur debts for this purpose.
§ Requires the commissioner to establish performance standards
and indicators for centers. Sets forth criteria for the performance
standards and indicators.
§ Sets forth requirements for the funding of centers through
the Foundation School Program.
§ Authorizes the legislature to appropriate money from the
foundation school fund to establish an incentive fund to encourage
efficiency in the provision of services by the centers.
§ Authorizes the legislature to appropriate money from the
foundation school fund or other sources to implement initiatives
identified by the legislature.
§ Authorizes the commissioner to adopt rules governing the
strategies, programs, projects, and regions eligible for the initiative
funding.
§ Requires the board of trustees of each school district,
after soliciting recommendations from the local planning and decision-making
committees, to annually consider the number and length of written
reports that employees of the district are required to prepare.
§ Requires the commissioner of education, when determining
the compensatory education allotment of a school district to:
§ give consideration to a district's degree of concentration
of disadvantaged students in determining the number of students
in the district eligible for extended year programs;
§ distribute state funds for extended year programs so that
a district's share of the cost of such programs, as determined
by the commissioner, is proportional to the district's share of
the cost of its Tier One program in the public school finance
system; and
§ provide for phasing in the district's share, if its share
would cause the district to be eligible for a lesser amount of
state funds per weighted student in the 1998-1999 school year
than in the 1996-1997 school year, and provided that the district's
property value per weighted student is less than one-half of the
state average property value per weighted student. This provision
expires September 1, 2000.
§ Requires each school district to adopt a campus charter
and campus program charter policy by January 1, 1998. Requires
the policy to specify:
§ the process to be followed for approval of a campus charter
or campus program charter;
§ the statutory requirements with which a campus charter
or campus program charter must comply; and
§ the items that must be included in a charter application.
§ Abolishes the Foundation School Fund Budget Committee.
§ Continues the hold harmless provision through the 1999-2000
school year.
§ Subtracts from a school district's effective tax rate
any amounts paid into a tax increment fund.
§ Eliminates from recapture a school district's debt service
tax revenue and any amounts paid into a tax increment fund.
§ Clarifies provisions relating to the equalized funding
elements and the cost of education index adjustment.
§ Authorizes compensatory education funds to be spent only
to improve and enhance services funded under the regular education
program. Requires the State Board of Education, with the assistance
of the state auditor and the comptroller, to develop and implement
a reporting and auditing system for school district and campus
expenditures of compensatory education funds to ensure the funds
are spent only to supplement the regular education program.
§ Provides that the guaranteed level of state and local
funds per weighted student per cent of tax effort is $21, rather
than $20.55, or a greater amount as provided by appropriation.
§ Provides that in computing the enrichment and facilities
tax rate of a school district, the total amount of taxes collected
by a school district does not include taxes paid into a tax increment
fund.
§ Prohibits a school district that demonstrates to the attorney
general that its ability to pay the principal and interest on
proposed bonds for school facilities is contingent on receiving
state assistance from adopting a tax rate for a year for paying
the principal of and interest on the bonds unless the district
credits to the interest and sinking fund account of the bonds
the amount of that year's state assistance.
§ Authorizes state funds not designated for a specific purpose
to be used for the purposes listed for state and county available
funds and other purposes necessary in the conduct of the public
schools.
§ Entitles the Texas Academy of Leadership in the Humanities
at Lamar University at Beaumont to allotments from the Foundation
School Fund for each student in the academy as if the academy
were a school district, except that the academy has a local share
applied that is equivalent to the local fund assignment of the
Beaumont Independent School District.
§ Provides that a homestead exemption of up to 20 percent
for the 1997 tax year, adopted by the board of trustees of a school
district before July 1, 1997, is valid.
§ Requires the Texas Department of Transportation (TxDOT)
to issue specially designed "Read to Succeed" license
plates for passenger cars and light trucks.
§ Requires TxDOT to set the annual fee for the license plates
at $25 for each set ($15 per set for a fleet of at least 50) plus
an administrative fee of no more than $5.
§ Requires TxDOT to deposit the annual fee for the license
plates, except for the administrative fee, to the credit of the
"Read to Succeed" account in the general revenue fund,
with the money to be used to implement the reading diagnosis provisions
of the Education Code.
§ Requires the commissioner of education (commissioner)
to develop recommendations for school districts for administering
reading instru-ments to diagnose student reading development and
comprehension; training educators in administering the reading
instruments; and applying the results of the reading instruments
to instructional programs.
§ Requires the commissioner to adopt, by August 1, 1998,
a list of reading instruments that a school district (district)
may use to diagnose student reading development and comprehension.
Authorizes a district-level planning and decision-making committee
to adopt a list of reading instruments in addition to the commissioner's
list.
§ Requires each district to administer, at the kindergarten
and first and second grade levels, a reading instrument on either
the commissioner's or the district-level planning and decision-making
committee's list.
§ Prohibits the results of the reading instruments from
being used for purposes of appraisals and incentives or accountability.
§ Authorizes implementation of the reading diagnosis provisions
only if funds are appropriated. Authorizes funds, other than
local funds, to be used to pay the cost of administering the reading
instrument only if the instrument is on the list adopted by the
commissioner.
§ Requires each school district to implement a reading diagnosis
program and the related recommendations beginning with the 1998-99
school year.
§ Authorizes the State Board of Education to grant up to
100 charters for open-enrollment charter schools that adopt an
express policy providing for the admission of students eligible
for a public education grant and additional charters for open-enrollment
charter schools for which at least 75 percent of the prospective
student population will be students who have dropped out of school
or are at risk of dropping out of school.
§ Sets forth eligibility provisions regarding a student
seeking a public education grant or wishing to attend another
public school in the district in which the student resides.
§ Requires a school district, after being notified by the
commissioner of education, to notify the parent of each student
in the district assigned to attend a low-performing campus that
the student is eligible for a public education grant.
§ Sets forth provisions for determining the amount of funding
to which each school district is entitled for every student using
a public education grant to attend a school in the district.
§ Requires the TEA to develop, implement, and administer
programs and activities to encourage and maintain parental involvement
in public schools.
§ Requires the commissioner of education (commissioner)
to attempt to consolidate all TEA programs and activities related
to parental involvement to ensure greater and easier access by
parents and to ensure greater efficiency of TEA operations.
§ Requires the application of a school district for a waiver
of a requirement, restriction, or prohibition imposed by the Education
Code or a rule of the State Board of Education or commissioner
to contain certain information.
§ Prohibits a student who has been adjudicated as having
engaged in delinquent conduct that included the offense of indecency
with a child, sexual assault, or aggravated sexual assault, or
has been convicted of any of those offenses, from being assigned
to the same class as the victim of that delinquent conduct or
offense without the consent of the victim's parent or of the victim,
if the victim is 18 years of age or older, unless the principal
determines that such placement is the only alternative.
§ Authorizes the victim's parent or the victim to appeal
the principal's decision to the board of trustees (board) of the
district. Provides that the decision of the board is final and
may not be appealed.
§ Requires a student to be removed from class and placed
in an alternative education program (AEP) if the student commits
certain criminal offenses on school property or within 300 feet
of school property, or while attending a school-sponsored or school-related
activity on or off school property.
§ Requires a student to be removed from class and placed
in an AEP if the student receives deferred prosecution for a felony
offense under Title 5, Penal Code (Offenses Against a Person);
if a court or jury finds that the student has engaged in a felony
offense under Title 5, Penal Code; or the superintendent or the
superintendent's designee has a reasonable belief that the student
engaged in a felony offense under Title 5, Penal Code.
§ Authorizes a student to be removed from class and placed
in an AEP if the superintendent or the superintendent's designee
has a reasonable belief that the student engaged in a felony offense
other than an offense defined under Title 5, Penal Code; and the
continued presence of the student in the regular classroom threatens
the safety of another student or teacher or will be detrimental
to the education process.
§ Sets forth procedures for review and appeal of a student's
placement in an AEP.
§ Requires the campus report card issued by TEA to contain
certain information, including the toll free phone number of TEA's
parental involvement division and the toll free phone number of
TEA to call for information concerning student assessment instruments.
§ Authorizes local school funds and state funds not designated
for a specific purpose to be used for purposes necessary in the
conduct of public schools as determined by the district board.
§ Requires a law enforcement agency that arrests or refers
to the official designated by the juvenile court an individual
who the agency believes is enrolled in a public school for a felony
offense to attempt to ascertain whether the individual is enrolled.
§ Requires the law enforcement agency, if it can or cannot
ascertain that the individual is enrolled in a public school,
to orally notify the district superintendent or the superintendent's
designee of the arrest or referral within 24 hours of the arrest
or referral or on the next school day.
§ Requires the superintendent to notify all instructional
and support personnel who are responsible for the supervision
of the student.
§ Sets forth requirements of both the oral and written notification
to be provided to the district superintendent by the law enforcement
agency.
§ Requires the district superintendent to notify all instructional
and support personnel responsible for the supervision of a student
upon receiving notification by the prosecuting attorney of a student's
prosecution or adjudication of delinquent conduct.
§ Requires school officials to notify all instructional
and support personnel who are responsible for the supervision
of a newly transferring student upon receiving notification from
a parole or probation officer having jurisdiction over the student
of the student's arrest or referral.
§ Requires the office of the prosecuting attorney, or the
office or official designated by the juvenile court, to notify
the district that removed a student to an AEP, within two working
days after the action, if the prosecution of the student's case
was refused for lack of prosecutorial merit or insufficient evidence
and a formal proceeding, deferred adjudication, or deferred prosecution
will not be initiated; or the court or jury found the student
not guilty or made a finding that the student did not engage in
delinquent conduct or conduct indicating a need for supervision,
and the case was dismissed without prejudice.
§ Requires a student who attends at least 90 percent of
the program days of the extended year program and who satisfies
requirements for promotion through academic achievement or demonstrating
proficiency of the subject matter or grade level to be promoted
to the next grade level at the beginning of the next school year
unless a parent of the student presents a written request to the
school principal that the student not be promoted to the next
grade level.
§ Requires each school district to pressure test the natural
gas piping system in each facility at least every two years before
the beginning of the school year.
§ Requires the pressure test to determine whether the natural
gas piping downstream of the school district's meter holds at
least normal operating pressure over a specified period. Sets
forth requirements of the test.
§ Requires each school district to provide written notice
to the district's natural gas supplier specifying the date and
result of each pressure test or other inspection.
§ Requires the supplier to terminate service to a school
district facility if the supplier receives notification of a gas
leakage or if the district fails to perform the test or inspection
at the facility.
§ Requires an identified natural gas leakage to be reported
to the school district's board of trustees.
§ Requires the Texas Railroad Commission to enforce these
provisions.
Top
Top
Top
Top
Top
Top
Top
Top
Top
Top
Top
Top
Top
Top
Top
Top
Top