Bills that passed during the regular session

TCTA provides brief summaries of the education-related bills that passed in the 82nd regular session (Jan. through May, 2011).

 

TCTA-INITIATED BILLS

 

HB 1334 by Rep. Alma Allen / Sen. Wendy Davis

Ensures that an educator’s contract will not become void due to an expired certificate if the educator took all steps necessary to renew the certificate but the State Board for Educator Certification did not take action until after the expiration date.

 

HB 1335 by Rep. Alma Allen / Sen. Van de Putte

Requires districts to develop a process for teachers who instruct students with disabilities in a regular classroom setting to request a review of the student’s IEP. The process must include a provision for a timely response to the request and require notification to the student’s parent of the district’s response.

 

HB 1682 by Rep. Randy Weber / Sen. Mike Jackson

Prohibits school boards and district employees from requiring or coercing an employee to make a charitable contribution or attend a meeting called for the purpose of soliciting charitable contributions. An employee also cannot be coerced or required to refrain from making such a contribution or attending such a meeting.     

 

HB 1907 by Rep. Jerry Madden / Sen. John Whitmire

Clarifies and strengthens the laws that require law enforcement to notify school officials, and school officials to notify teachers, about students with a serious criminal history. A law enforcement officer or school administrator who does not provide the notice as required will be reported to the appropriate licensing agency and face potential sanctions.       

 

STATE BUDGET

HB 1 by Rep. Jim Pitts / Sen. Steve Ogden

  • Textbooks: $308M provided for continuing textbook contracts and $300M to fund Proclamation 2011. A separate bill appropriates $60M for supplemental science materials and $39M for pre-K materials.
  • Pre-K: Half-day pre-K remains fully funded. Funding for the pre-K early start grant program for full-day pre-K is eliminated
  • Early Childhood School Readiness Program: reduced from $7.5M/year to $3.5M/year.
  • Math, Reading and Science Initiative: funding eliminated.
  • State Funding for Science Labs: funding eliminated.
  • Middle School PE and Fitness Programs: funding eliminated.
  • High School Completion and Success Initiative: funding eliminated.
  • Advanced Placement Initiative: funding reduced from $14.2M/year to $6.9M/year.
  • Communities in Schools: funding reduced from $15.6M/year to $10M/year.
  • Life Skills Program for Student Parents: funding eliminated.
  • Limited English Proficient (LEP) Success Initiative: funding eliminated.
  • Student Success Initiative: funding reduced from $151M/year to $11.7M/year. 
  • Educator Mentoring: funding reduced from $30M/biennium to $10M/biennium.
  • District Awards for Teacher Excellence (DATE): funding reduced from $197.7M/year to $20M/year.  From these funds, the commissioner must set aside:

    • up to $5M/biennium to implement standards on educator quality;
    • up to $10M/biennium for mentor program;
    • up to $1M/biennium for Humanities Texas
  • Teach for America: funding maintained at $8M for biennium.
  • Funding for RESCs: funding reduced from $21.3M/year to $12.5M/year (this could necessitate closure of three to five RESCs and a reorganization of the remaining RESCs). 
  • Virtual School Network: funding reduced from $10M/year to $4M/year.
  • Summer School for Children with Limited English Proficiency: out of federal funds, $3.8M/year appropriated for summer school programs for LEP students.
  • Public School Counselor Report: allocates up to $250K for TEA to conduct a comprehensive statewide study on duties public school counselors perform.
  • Online College and Career Preparation Technical Assistance Program: requires TEA to allocate $2M/year to continue the Online College/Career Prep program.
  • Early College High School and Science, Technology, Engineering, Math (STEM): provides funding up to $3M/year.
  • TRS Pension Fund: reduces state contribution to 6.0% in first year of biennium, restores to 6.4% in second year and thereafter. Employee contribution remains at 6.4%.
  • TRS-Care (retiree health insurance): maintains current 1% state contribution in first year of biennium, reduces to .5% in second year. Employee contribution remains at .5%. TRS is directed to not increase retiree premiums over the biennium.

 

DISTRICT GOVERNANCE

HB 336 by Rep. Marisa Marquez / Sen. Jose Rodriguez

Requires that the financial reports of a school board member, candidate, or political action committee supporting a candidate in a district with a student enrollment of more than 15,000, in a city of more than 500,000, be posted on the school district’s website. Specific address information of contributors may be removed from the online version of the report.

 

HB 398 by Rep. Jim Jackson / Sen. Glenn Hegar

Clarifies current law to ensure that a school contractor/subcontractor may not have an employee working on school property if the employee has been convicted of the type of offense that would prohibit employment with the school district.

 

HB 826 by Rep. Joe Farias / Sen. Judith Zaffirini

Requires each school district to appoint at least one employee to act as a liaison for the enrollment or transfer of students who are in the conservatorship of the state.

           

HB 1555 by Rep. Senfronia Thompson / Sen. Rodney Ellis

Provides exceptions to the law governing the first day of instruction to (1) allow year-round schools to begin prior to the fourth Monday in August, and (2) allow districts with enrollment of 190,000 or more that provide additional instructional days financed with local funds at certain campuses to begin on or after the first Monday in August.

 

HB 3506 by Rep. Mike Villarreal / Sen. Wendy Davis

Allows districts to use transportation allotment funds to provide a bus pass or card for public transportation to a student for whom the regular school bus system is not feasible, but who is eligible for school bus transportation.

           

SB 729 by Sen. Kel Seliger / Rep. Walter “Four” Price

Allows districts to hold school board elections on the same date as elections for the governing board of a public junior college district in which the district is located.

 

SB 1543 by Sen. Jeff Wentworth / Rep. Lyle Larson

Allows school districts to invest in corporate bonds in an amount of up to 15% of its monthly average fund balance. No more than 25% of the corporate bond investment can be in a single business entity. The bond must be rated AA- and have a maturity of not more than three years.

 

CURRICULUM / ACCOUNTABILITY / PROGRAMS

HB 34 by Rep. Dan Branch / Sen. Florence Shapiro

Provides that the personal financial literacy TEKS must require instruction in methods of paying for college and other postsecondary education/training. The personal financial literacy instruction is to be included in any course offered for an economics credit.

           

HB 692 by Rep. Joe Farias / Sen. Leticia Van de Putte

Requires the State Board of Education to allow students who are unable to participate in physical activity due to disability or illness to substitute a credit in a core subject or academic elective for the required PE credit.

           

HB 2135 by Rep. Scott Hochberg / Sen. Dan Patrick

Provides that a student who is enrolled in a course above the student’s grade level  who will be taking an assessment for that course (e.g., an 8th grader taking Algebra I, who will take the Algebra I end-of-course exam)will not also be required to take the grade level STAAR exam for that course.

           

HB 3468 by Rep. Diane Patrick / Sen. Florence Shapiro

Requires TEA and the Texas Higher Education Coordinating Board to study best practices and programs offering early assessments of high school students to determine college readiness and address deficiencies before graduation.

 

SB 290 by Sen. Kirk Watson / Rep. Ana Hernandez Luna

Provides that the TEKS must include personal financial literacy instruction in math for grades K-8. 



SB 866 by Sen. Bob Deuell / Rep. Jim Jackson

Provides that the qualifications for a teaching certificate (other than through an alternative certification program) must require that the person receive instruction in detection and education of students with dyslexia. Continuing education requirements for an educator who teaches students with dyslexia must include training on new research and practices in the area. Requires TEA to establish a committee to develop a plan for integrating technology into the classroom to help accommodate students with dyslexia.

 

SB 1094 by Sen. Jose Rodriguez / Rep. Mark Strama

Requires the SBOE to develop and administer high school equivalency examinations online, for students ages 18 and over only.

           

SB 1410 by Sen. Robert Duncan / Rep. Diane Patrick

Requires TEA to establish process for districts/charter schools to identify students enrolled in tech-prep programs and report accurate numbers to TEA and the Texas Higher Education Coordinating Board (THECB). The Coordinating Board must develop a system to evaluate tech-prep consortia annually, with an on-site evaluation at least once every four years. The evaluation must include an assessment of performance compared to the goals and objectives in the consortium’s five-year plan, identification of any concerns, and recommendations for improvement.

           

SB 1620 by Sen. Robert Duncan / Rep. Jimmie Don Aycock

Requires that the criteria for obtaining a certificate to teach an applied STEM course must require the applicant to pass the certification test administered by the recognized group that created the curriculum on which the STEM course is based, and have at least an associate degree and three years of relevant work experience. An “applied STEM course” is an applied science, technology, engineering or math course offered as part of a district’s career-tech curriculum. The SBOE must create a process for approving STEM courses to satisfy math and science requirements (in the fourth year of high school) for the recommended high school program. The bill includes specific requirements for courses that students must take before substitution of a STEM course.

           

SPECIAL EDUCATION

HB 861 by Rep. Diane Patrick / Sen. Wendy Davis

Provides that at least one member of the statewide special education advisory committee be a director of special education programs for a school district or for a shared services arrangement of multiple school districts.

 

HB 1130 by Rep. Dan Huberty / Sen. Kel Seliger

Repeals a current law that requires TEA to maintain and distribute a list of districts that exceed the statewide average of special education students in more restrictive environments by more than 25% for two successive years.

 

SB 778 by Sen. Tommy Williams / Rep. Dan Huberty

Requires districts, to the extent practicable, to include a special education teacher on the campus- and district-level decision-making committees.

 

SB 1788 by Sen. Dan Patrick / Rep. Dan Huberty 

Requires TEA to develop a model form by Dec. 1, 2011, to be used in developing a student’s individualized education program (IEP); the form may include only information included in the federal model form, other federal requirements, and any additional state-imposed requirements not reflected in the federal form. Also provides that transition planning for special education students must begin no later than the student’s 14th birthday.

 

TRS

HB 1061 by Rep. John Otto / Sen. Robert Duncan

Expands TRS’s authority to invest in hedge funds from the current 5% of the portfolio to 10%. Also extends the expiration of TRS’s authority to use external managers from Sept. 1, 2012, to Sept. 1, 2019.

           

HB 2561 by Rep. Rob Eissler / Sen. Robert Duncan

Standardizes the “school year” for TRS purposes only as September 1 through August 31.

           

HB 2120 by Rep. Doug Miller / Sen. Robert Duncan

Converts the seat on the TRS Board of Trustees that is currently reserved for a higher education employee to an “open” seat, to be elected from the full membership of TRS (subject to appointment by the governor from the top three vote-getters, and eventual confirmation by the Senate).

           

SB 1667 by Sen. Robert Duncan / Rep. Vicki Truitt

Makes several technical changes to current law, and includes the provisions that allowed the state to contribute a lower percentage to the pension fund for one year than employees contribute, and to contribute less than 1% to TRS-Care for one year. These statutory changes were needed to implement temporary changes in contributions in the state budget.

 

SB 1668 by Sen. Robert Duncan / Rep. Vicki Truitt

Standardizes the costs of purchasing several types of service credit, increasing the costs to the member in some cases.

 

SB 1669 by Sen. Robert Duncan / Rep. Vicki Truitt

Revises return-to-work laws to eliminate the current “6-month exemption” under which retirees can return to work shortly after retirement but lose several months of TRS checks during the years in which they continue to be employed by a school district. The new law provides that a retiree must sit out a full 12 months after retirement before returning to work, but will no longer be penalized by losing any monthly checks. In addition, anyone who retired prior to Jan. 1, 2011, can also return to work without any loss in monthly checks (regardless of whether they had a 12-month break).

 

TEACHER ISSUES

HB 1610 by Rep. Larry Gonzales / Sen. Dan Patrick

Revises current law regarding educator misconduct. Requires that a superintendent complete an investigation of employee misconduct regarding abuse or an unlawful act with a student even if the employee resigns. An employee whose certificate is revoked because of an offense of a sexual nature will be immediately suspended without pay, informed of the certificate revocation, and have his/her contract terminated as soon as is practicable. This procedure may, if the district chooses, be followed in the case of a conviction or deferred adjudication of a (non-sexual) felony offense, and the employee’s contract becomes void. The bill also expands the law prohibiting sexual contact with a student to include students at any campus in the same school district and students participating in an educational activity in the district.

           

HB 2380 by Rep. Mark Shelton / Sen. Florence Shapiro

Allows districts to employ under a probationary contract an individual who moves to a new assignment that requires a different class of certificate (e.g., a teacher who becomes a librarian, assistant principal, etc.).

 

SB 54 by Sen. Judith Zaffirini / Rep. Rob Eissler

Requires that a teacher attempting certification to teach students with visual impairments must complete required coursework or an alternative certification program approved for that purpose.

 

SB 155 by Sen. Joan Huffman / Rep. John Zerwas

Makes a technical change to the law that requires districts to provide health insurance through the summer months for employees who resign at the end of the school year, to clarify that the district does not have to provide coverage beyond the first day of instruction for the school year following the last year in which the employee was employed by the district.

           

CHARTER SCHOOLS

HB 2971 by Rep. Todd Smith / Sen. Wendy Davis

Expressly includes charter schools in the law that makes teacher and administrator appraisals confidential, except that a charter school may forward a teacher’s or administrator’s appraisal to a potential employing district or charter school.

           

HB 1550 by Rep. Jimmie Don Aycock / Sen. Kel Seliger

Allows charter school officers or employees to participate in the state’s contract for travel services (as school districts and junior colleges currently can) to receive discounted prices.

           

HB 2366 by Rep. Vicki Truitt / Sen. Jane Nelson

Provides that a charter school operated by a municipality may admit children of the municipality’s employees before the lottery drawing to fill remaining positions, as long as the number of such students is a small percentage.

           

SB 1484 by Sen. Florence Shapiro / Rep. Mark Strama

Provides that a charter school may not be awarded a distinction designation under the new accountability system if the school is evaluated under the alternative education accountability system.

           

DISCIPLINE

HB 359 by Rep. Alma Allen / Sen. Eddie Lucio

Provides that if a school district adopts a policy that allows for corporal punishment, the policy must allow a parent/guardian to provide a written statement each year prohibiting the use of corporal punishment for the parent’s/guardian’s child(ren). The parent may submit a written revocation at any time during a school year. Includes a provision requiring districts to report to the commissioner on the number of instances of restraint used by a school district peace officer. Provides exceptions to certain offenses  (including disorderly conduct and disruption of school transportation) if they were committed by a student in 6th or a lower grade.

           

HB 592 by Rep. Jim Pitts / Sen. Brian Birdwell

Eliminates the requirement that a county provide a JJAEP if the county has a population of more than 125,000 but less than 180,000, is located adjacent to two counties with populations of more than 1.7 million, and  includes at least seven school districts within its boundaries. This is thought to only affect Ellis County.

           

HB 734 by Rep. Diane Patrick / Sen. Jane Nelson

Lowers the population requirement to 1.75 million from 2 million for counties who allow, with consent of the commissioner’s court, a county judge to appoint a magistrate to hear truancy cases.  Also provides that a newly created truancy court in a county with more than 1.75 million has original jurisdiction over truancy cases. 

 

HB 968  by Rep. Mark Strama / Sen. Kirk Watson

Adds aggravated robbery to the offenses requiring removal to a DAEP.  Revises language in the law governing expulsion from a DAEP to require that misbehavior be documented and that it be serious (eliminating “or persistent”), and that documented behavioral interventions have been attempted. Defines “serious misbehavior” as deliberate violent behavior posing a direct threat to health or safety, extortion, coercion, public lewdness, indecent exposure, criminal mischief, personal hazing, or harassment of a student or district employee.

           

HB 1224 by Rep. Ron Reynolds / Sen. Joan Huffman

Allows a district to expel a student if the student engages in conduct containing elements of breach of computer security involving the access of a computer, computer network, or computer system owner or operated by a school district, and the student knowingly alters, damages, or deletes school district property or breaches another computer, network, or system.

 

HB 1254 by Rep. Joe Pickett / Sen. Jose Rodriguez

Applies only to a county of more than 800,000 people located adjacent to an international border (e.g., El Paso County).  By January 1, 2012, districts located in applicable counties must meet and discuss the feasibility of county-wide consolidation of school district peace officers and security personnel.  By May 1, 2012, these districts must provide a report to the commissioner of education summarizing the information the districts gathered and providing recommendations regarding possible consolidation.

           

HB 1942 by Rep. Diane Patrick / Sen. Leticia Van de Putte

Requires school districts to adopt a comprehensive bullying policy that does several things, including: prohibiting bullying; establishing procedures for providing notice of bullying to a parent or guardian; setting forth counseling options; and establishing procedures for reporting, investigation, and determining instances of bullying.  Provides that staff development may include the prevention, identification, response and reporting of bullying.  A district may transfer a student who engages in bullying to another class or another campus. The State Board of Education must adopt Texas essential knowledge and skills regarding bullying and harassment as a part of the health curriculum.

           

SB 1489 by Sen. John Whitmire / Rep. Jerry Madden

Prevents truancy laws from applying to students who voluntarily enroll in school between the ages of 18 and 21.  Limits application of the failure to attend school offense to those who are age 12 or older and younger than 18.  Requires a county, justice, or municipal court to dismiss a complaint for failure to attend school if the court finds the individual has complied with certain conditions or the individual provides proof of a high school diploma or high school equivalency certificate.  A conviction for failure to attend school must be expunged if the individual complies with certain conditions or shows proof of a high school diploma or equivalency certificate by the age of 21. Requires attendance officers to apply new truancy prevention measures before referring the matter to a criminal court.

 

SB 1610 by Sen. Eddie Lucio / Rep. Mike “Tuffy” Hamilton

Provides that a school district is only required to provide buses with seat belts to the extent that the legislature appropriated money for reimbursing the associated expenses.

 

HEALTH / SAFETY / NUTRITION

HB 675 by Rep. Eddie Lucio III / Sen. Eddie Lucio, Jr.

Prohibits districts from using football helmets more than 16 years old. Helmets 10 or more years old must be reconditioned at least once every two years. Districts must maintain and make available to parents documentation of the age of each helmet and dates of reconditioning.

           

HB 742 by Rep. Todd Hunter / Sen. Juan Hinojosa

Requires districts to request from parents/guardians information regarding any significant food allergies of a student, specifying the food and the nature of the allergic reaction. The information is confidential and may be released to teachers and other appropriate school personnel subject to district policies and the federal Family  Educational Rights and Privacy Act.

           

HB 1386 by Rep. Garnet Coleman / Sen. Rodney Ellis

Requires the Department of Health and Human Services, working with TEA, to provide a list of best-practice based programs for suicide prevention.  The programs must provide training for school district staff, as well as other law enforcement and social workers, to recognize early warning signs of those at risk of committing suicide, and to intervene effectively.  A district may adopt a policy regarding early mental health intervention and suicide prevention that establishes procedures for giving notice to a parent or guardian, establishes the ability of district to designate a liaison officer for purposes of identification, and sets out available counseling alternatives.   

           

HB 2038 by Rep. Walter “Four” Price / Sen. Bob Deuell

Creates “Natasha’s Law” to establish “oversight teams” to develop a return-to-play protocol for student athletes who have suffered a concussion. Students must be removed from play immediately if a concussion is suspected by a coach, health care professional or the student’s parent/guardian, and may not return to practice or competition until the student has been cleared by a physician and the parents have provided written consent. Coaches and appropriate health care professionals must take relevant training at least once every two years.

 

SB 27 by Sen. Judith Zaffirini / Rep. Dan Branch

Requires school districts and open-enrollment charter schools to adopt a policy for the care of students with a food allergy at risk for anaphylaxis.  The commissioner of education must appoint an ad hoc committee by December 1, 2011, to develop guidelines for these policies.  The guidelines cannot require a district or charter school or require personnel of a district or charter school to administer anaphylaxis medication.  The bill does not waive any liability or create any liability for a governmental entity or its officers or employees.

 

SB 89 by Sen. Eddie Lucio / Rep. Eddie Rodriguez

Requires that a district in which 50% or more of the students are eligible for free or reduced-price lunch must provide a summer nutrition program for at least 30 days of the summer.  By January 31 of each year, a district must either inform the department of health and human services in writing that it will provide a summer nutrition program or request a waiver in writing.  A waiver may only be granted if the district provides documentation that there are fewer than 100 students in the district eligible for free or reduced-price lunch, transportation is an insurmountable obstacle, the district is unable to provide or arrange for the program due to construction or renovation of facilities, the program would be cost-prohibitive, or another extenuating circumstance. 

 

SB 226 by Sen. Jane Nelson / Rep. Todd Smith

Requires districts to provide the results of individual student performance on the fitness assessment to the Texas Education Agency. 

 

SB 471 by Sen. Royce West / Rep. Tan Parker

Amends current law by adding “other maltreatment of children” as an additional focus of required school district policies addressing sexual abuse of children.  The required school district policies must address increasing staff awareness of prevention techniques for and recognition of sexual abuse and maltreatment of children via training that must be provided as part of new employee orientation and MAY be provided annually to school staff.  Provides that no school district employee may be subject to any disciplinary proceeding resulting from an action taken in compliance with school district policies required under this section.  

 

SB 736 by Sen. Juan Hinojosa / Rep. Dawnna Dukes

Includes a representative of local domestic violence programs on the local school health advisory council.

 

MISCELLANEOUS

HB 1286 by Rep. Donna Howard / Sen. Wendy Davis

Requires that the UIL legislative council cannot take final action on a rule resulting in additional costs for a school unless a fiscal impact statement has been completed. The statement must project costs to schools for five years from the rule’s effective date.

 

HB 3278 by Rep. Mark Shelton / Sen. Florence Shapiro

Removes TEA from required participation in several advisory committees and work groups: the Advisory Committee on Reducing Drug Demand, the Interagency Work Group on Border Issues, the Interagency Coordinating Council for HIV and Hepatitis, the Council on Cardiovascular Disease and Stroke, the Texas Diabetes Council, the Advisory Committee to the Texas Board of Criminal Justice on Offenders with Medical or Mental Impairments, and more.

           

SB 199 by Sen. Royce West / Rep. Ana Hernandez Luna

Expands an existing program awarding grants to urban school districts to establish agricultural projects to allow the awarding of grants to nonprofit organizations partnering with schools in these projects.

 

SB 391 by Sen. Dan Patrick / Rep. Rob Eissler

Provides that the SBOE notice regarding textbook cycles must state the publisher of a textbook (other than for pre-K) must submit an electronic sample of the textbook rather than a print sample.

 

SB 501 by Sen. Royce West / Rep. Marisa Marquez

Establishes an interagency council, to include a representative of TEA, to address disproportionalities of children in racial or ethnic minority groups at each stage of the juvenile justice, child welfare and mental health systems.

 

SB 966 by Sen. Carlos Uresti / Rep. Joe Pickett

Expands the law that allows districts to issue a high school diploma to military veterans to include veterans of the most recent wars and conflicts (e.g., the Persian Gulf War, the war in Afghanistan, etc.).

           

SB 1383 by Sen. Florence Shapiro / Rep. Rob Eissler

Establishes a new appraisal and professional development system for principals. Provides that the commissioner of education may establish a consortium of nationally recognized experts to help develop the system. Principals must be appraised annually by either the system developed by the commissioner or by a local process developed in consultation with the district- and campus-level committees.

 

SB 1557 by Sen. John Carona / Rep. Mark Strama   

Creates the Texas High Performance Schools Consortium to inform lawmakers about methods for transforming schools by improving learning through innovative learning standards and assessments. Up to 20 exemplary districts and charter schools may be selected to participate through an application process. The consortium principles will emphasize digital learning, multiple assessments, and local control involving communities and parents.

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