TASB Post-Legislative Conference
Governmental Relations Division
Texas Association of School Boards
Accountability, Governance
and Liability
Jackie Lain
Associate Executive Director
TASB Governmental Relations
2
SB 759 (Williams/Eissler)
Assessments – “Forms and Norms” (pg. 13)
• Repeals 3 year time limit for how long districts can use
same benchmark test
• Allows testing companies to use 8 year old data for
computing national norms of averages of test results
• Effective immediately upon signature of the Governor
3
HB 3 (Eissler/Shapiro)
Accountability – Guiding Principles (pg. 21)
• Establish Postsecondary Readiness as the state’s goal
• Ensure rigor and relevance of course work
• Ease pressure on students / teachers/ principals
• Promote sharing of best practices
• Use carrots before sticks
4
HB 3 (Eissler/Shapiro)
Accountability – Graduation Plans
• More difficult to go onto Minimum Program
• Maintains 4 x 4 for Recommended/Advanced Programs
• Maintains 2 foreign language credits under RHSP;
3 foreign language credits under Advanced Program
• Reduces PE to 1 credit; maintains 1 credit of Fine Arts
• Allows 6 elective credits under RHSP;
5 elective credits under Advanced Program
5
HB 3 (Eissler/Shapiro)
Accountability – Promotion/Accelerated Inst.
• If student fails TAKS in grades other than 5th and 8th:
o District must offer Accelerated Instruction (AI)
o District matrix governs promotion/retention decisions matrix must consider: Teacher recommendation, student
course grades and assessment scores
• If student fails TAKS in 5th and 8th grade:
o
Retains current laws re: GPC and retesting
o
Student must complete AI to be promoted
o
If promoted, must have “highly qualified teachers”
6
HB 3 (Eissler/Shapiro)
Accountability – End-of-Course (EOC) Exams
• Which tests must students take?
– Minimum Program – EOCs for enrolled courses
– RHSP/Advanced – all EOCs required for graduation
• EOC score counts 15% of final course grade
• To graduate, a student must:
– Earn a cumulative score and on all EOCs and minimum score on
each EOC exam taken
– For RHSP: must pass Algebra II and English III EOCs
– For Advanced: must meet college readiness standard on Algebra
II and English III EOCs
7
HB 3 (Eissler/Shapiro)
Accountability – EOCs (cont.)
• Two performance standards on TAKS and EOCs
– Passing standard
– College Readiness standard
• Performance standards must be vertically aligned on
all tests
• Transition Plan to implement EOCs by 2011-12 school
year
8
HB 3 (Eissler/Shapiro)
Two-Tiered Accreditation System
District Accreditation
• Ratings: “Accredited,” “Accredited-Warned,” “AccreditedProbation”
Tier One: Accountability
• Campus Accountability based on Academic Performance
• District Accountability based on Academic and Financial
Performance
• Ratings: “Acceptable”/ “Unacceptable”
9
HB 3 (Eissler/Shapiro)
Tier One: Academic Accountability
• New student achievement indicators:
– state assessments (% passing, improved, CR, improved);
–
–
dropout and completion rates (grades 9-12);
graduation rates
• New assessment and dropout rate exemptions
• Ratings based on current year or 3 year average
• Ratings based on meeting 85% of achievement indicators
• Standards will increase annually to achieve state’s goals
10
HB 3 (Eissler/Shapiro)
Tier One: Financial Accountability
• Separate systems for districts and charter schools
• Eliminates external benchmarks: 65% Rule, Spending
Targets
• Efficiency ranking to determine higher performers
• New “Early Warning System” and Financial Solvency
Review
• District must submit financial plan to TEA if deficit
projected within 3 years
11
HB 3 (Eissler/Shapiro)
Two-Tiered Accreditation System (cont.)
Tier Two: Distinctions
• Pre-requisite: “Acceptable” accountability rating
• Campus and District–“Recognized”/ “Exemplary” rating for:
– High percentage of CR students
– High percentage of students on target to meet CR std
• Campuses – can earn additional distinctions for:
Improvement, Academic Achievement, Reducing
Achievement Gap, Fine Arts, PE, 21st Century
Workforce Development and Second Languages
12
HB 3 (Eissler/Shapiro)
Interventions and Sanctions
• Improvement plans must be targeted
• Requires greater board and community participation
• Commissioner has greater discretion to delay or
expedite sanctions
• Allows additional year for improvement between
reconstitution and repurposing/alt. mgt./closure
• Commissioner prohibited from ordering campus name
change
13
HB 3 (Eissler/Shapiro)
Career & Technology Education
• Strengthens link between workforce and CTE courses
• SBOE must approve applied Math and Science courses
• CTE course can substitute for Math or Science credit
under RHSP if :
– Student has completed Algebra II or Physics
– CTE course is endorsed as a credit-bearing college course or a
prerequisite
– CTE course covers all the Math/Science TEKS for the course
• Creates two CTE – related grant programs
14
HB 3 (Eissler/Shapiro)
Implementation Timeline
• Effective immediately - applies beginning with 2009-10
school year
• Commissioner must develop plan to transition to new
accountability system by 12/2010
• Except: middle school fine arts applies in 2010-11
• Except: new accountability indicators/standards must be
implemented in 2011-12; new ratings begin 2012-13; CR
factored in to ratings 2013-14
• Interventions / Sanctions based on Commissioner’s
timeline – but exceptions may apply immediately
15
HB 3 (Eissler/Shapiro)
Accountability Bill’s Goals
• Establish Postsecondary Readiness as the state’s
goal
• Ensure rigor and relevance of course work
• Ease pressure on students / teachers / principals
• Promote sharing of best practices
• Use carrots before sticks
16
HB 3 (Eissler/Shapiro)
Other Good News
• Eliminates Uniform GPA
• Eliminates online assessments mandate
• Limits application of TxPEP to principals employed in
year leading to rating (08-09)
And to reiterate …
– Eliminates 65% Rule
– Eliminates State Spending Targets
17
SB 90 (Van de Putte/Geren)
Interstate Military Compact (pg. 49)
• Texas becomes part of “Interstate Commission on
Educational Opportunity for Military Students”
• Goal: Facilitate Inter-district transfers for military
dependents
• Texas school district must comply with “Interstate
Compact on Educational Opportunity for Military
Children” – trumps local district policies
18
SB 90 (Van de Putte/Geren)
Interstate Military Compact (cont.)
Compact requires districts to:
• Allow students additional time to get vaccinations
• Allow students excused absences before/after parent’s
deployment
• Honor class and program placements from prior school
• Facilitate participation in extra-curricular activities
• Facilitate on-time graduation by:
– Accepting other states’ tests
– Waiving course pre-requisite
– Allowing alternate methods for completing required courses/tests
19
SB 90 (Van de Putte/Geren)
Interstate Military Compact (cont.)
• TEA is the “State Council” – coordinate functions of
state agencies, school districts, and military
installations
• TEA will appoint a “military family education liaison” to
assist families
• Participating states may be suspended/terminated if
they don’t comply with Compact
20
TASB Post-Legislative Conference
Governmental Relations Division
Texas Association of School Boards
Appropriations, School Finance,
Taxes & Personnel
Dominic Giarratani
Assistant Director
TASB Governmental Relations
22
SB 1 (Ogden/Pitts)
General Appropriations Act (pg. 67)
• 2010-11 state budget
• Appropriates $182.3 billion from state and federal
sources
• Dedicates $49.2 billion to the Texas Education
Agency and the public school system and $4 billion
for the Teachers Retirement System
23
SB 1 (Ogden/Pitts)
General Appropriations Act
• SB 1 includes funding for:
–
–
–
–
–
House Bill 3646, School Finance
Textbooks
District Awards for Teacher Excellence Program
Instructional Facilities Allotment
Existing Debt Allotment
24
SB 1 (Ogden/Pitts)
General Appropriations Act
• SB 1 includes funding for:
–
–
–
–
Science lab renovations
Implementation of House Bill 130
School Bus Seatbelt Program
A number of smaller items
25
SB 1 (Ogden/Pitts)
General Appropriations Act
• Allocates funds from the American Reinvestment
and Recovery Act
• Retains state fiscal stabilization fund at state
level
• Remaining funds will go directly to school
districts to be used for Title I, IDEA and other
federal programs
26
SB 1 (Ogden/Pitts)
General Appropriations Act
• Riders of Interest:
– Intent on Proclamations 2011 and 2012
– Prohibition on vouchers
27
HB 3646 (Hochberg/Shapiro)
School Finance (pg. 9)
• Increases district maintenance and operations
(M&O) revenue by a minimum of $120 per
weighted average daily attendance (WADA)
• Sets basic allotment at $4,765
• Mandates a pay raises for district employee
• Creates several new allotments
28
HB 3646 (Hochberg/Shapiro)
School Finance
• Eliminates Texas Educator Excellence Grant
(TEEG) Program
• Extends mid-size adjustment to Chapter 41
schools
• Automatically rolls forward the eligibility date
for the existing debt allotment each biennium
• Establishes a new state bond guarantee
program
29
HB 3646 (Hochberg/Shapiro)
School Finance
• Allows districts to adopt a tax rate based on
estimated property values
• Allows districts to lower and then increase
their M&O tax rate under certain
circumstances without a rollback election
• Requires district compliance with the School
Bus Seatbelt Program only if compliance costs
are reimbursed by the State
30
HB 3646 (Hochberg/Shapiro)
School Finance
• Creates a Select Committee during the interim
charged with studying school finance
• Makes a number of additional tweaks to
school finance and to programs of interest to
public schools
31
HB 3676 (Heflin/Seliger)
Economic Development Act (pg. 65)
• HB 3676 (Heflin):
– Extends the expiration date of the Texas Economic
Development Act from 2011 to 2014
– Limits a district’s payments in lieu of taxes to
$100/ADA/year
– Creates a new process to override a comptroller’s
negative recommendation
32
Property Tax
• HB 8 (Otto/Williams) – Allows the Property value
study to be performed every two years (pg. 60)
• SB 873 (Harris/Otto) – Requires appraisal
districts to be accessible to taxpayers
electronically (pg. 68)
• HB 3613 (Otto/Williams) – Homes valued as a
residence and not at its highest and best use
(pg. 65)
33
Personnel – Employee Leave
• HB 1470 (Thibaut/Van de Putte) – Districts
must inform employees of their right to assault
leave (pg. 40)
• SB 522 (Averitt/Eissler) – Districts may not
restrict the order in which an employee may
take either state or local leave (pg. 42)
34
Personnel
• HB 2512 (Aycock/Davis, Wendy) – District staff
may make an audio recording at grievance
proceedings (pg. 40)
• HB 1365 (Eissler/Shapiro) – Districts must
forward the service records to the next district
employing that individual (pg. 40)
35
Personnel – Teacher Benefits & Mentoring
• HB 709 (Rose/Watson) – Districts may provide
stipends to nationally certified teachers (pg. 39)
• SB 1290 (Van de Putte/Farias) – Districts may
assign mentors to teachers inexperienced in
subject/grade level to which assigned (pg. 42)
• HB 3347 (Truitt/Duncan) – Authorizes one-time
retiree payment (pg. 41)
36
TASB Post-Legislative Conference
Governmental Relations Division
Texas Association of School Boards
School District Operations,
Elections and Higher Education
Ruben Longoria
Assistant Director
TASB Governmental Relations
38
HIGHER EDUCATION
39
SB 175 (Shapiro/Branch)
Top Ten Percent (pg. 19)
•
•
•
•
•
•
•
Only affects UT Austin starting with 2011-12
75% cap on first-time resident undergraduates
No more legacy admissions
Scholarship for automatic admission students
Limits admission for out-of-state students
Written notice of student’s eligibility
Top 10 percent would be top 9 percent
40
SB 174 (Shapiro/Branch)
Higher Education Accountability (pg. 19)
• Amends the Accountability System for
Educator Certification
• SBOE sets standards for educator preparation
programs and certification fields
• Online résumés of all colleges and universities
• Enrollment, degrees awarded, costs, financial
aid, admissions and student success
41
HB 2480 (Hochberg/Seliger)
Joint High School/Jr. College Courses (pg. 17)
• Agreement between district and junior college
• Applies to dual credit courses
• High school does not have to be located in a
specific junior college district for service
• Further expands opportunities for junior
colleges to offer dual credit courses outside of
their service areas
42
HB 1935 (Villarreal/Duncan)
Jobs and Education Trust Fund (pg. 17)
• Grants available to public junior colleges,
technical institutes and eligible nonprofits
• Designed to prepare students for career in
high-demand technical fields
• Texas Green Job Skills Development fund
• Green industry opportunities
43
PUBLIC INFORMATION ACT
44
SB 1629 (Wentworth/Rose)
Exemptions from Prepayment Costs (pg. 15)
• Current law allows districts to recover costs
from PIA requests
• Exemptions are for radio, television and print
newspapers
• Proposed law clarifies exemption newspapers
of general circulation published on the internet
• Magazines published once a month
45
SB 1182 (Wentworth/Ortiz, Jr.)
Public Information Requests (pg. 14)
• Litigation between attorney general and
governmental bodies
• Challenge attorney general’s decision
• Attorney General to verify information is indeed
confidential
• Requestor to get a copy of district’s letter sent
to the attorney general
46
SB 1068 (Wentworth/Gallego)
Attorney General’s Decision (pg. 14)
• Withhold information without an attorney
general’s decision
• Applies to employees and trustees
• Home address, phone number, social security
number or list of family members
• Attorney general to inform requestor reasons
for withholding certain public information
47
ELECTIONS
AND
POLITICAL ADVERTISEMENTS
48
SB 1970 (Duncan/Smith, Todd)
Certain Election Procedures (pg. 8)
•
•
•
•
•
•
Special elections
Bond and rollback election
Cancellation of elections
First day to file for candidacy
Changes the amount of deposit for a recount
Emergency ballots and voting system
technicians
49
SB 1134 (Duncan/Berman)
Students Serving as Election Clerks (pg. 7)
• Applies to high school students – public,
private or home-schooled students
• Must be 16 years old
• Consent of parents or guardian
• School district to excuse student
• Experience can apply towards school project
50
SB 2085 (Davis, W/Hancock) and HB 1720
(Bohac/Deuell) – Funds for Political Ads (pg.8)
• Current law prohibits public funds for political
advertisements
• Clarifies a Ethics Commission ruling
• Provides an affirmative defense
• May request a court or Ethics Commission
ruling on specific language for political
advertisement
51
DISASTER PREPAREDNESS
52
HB 4102 (Eiland/Carona) (pg. 47)
Relief for School Districts in Disaster Areas
• Special financial provisions for school districts
• Amount of attendance credits reduced by
disaster remediation
• TEA to adjust ADA for districts located in
disaster area
• Adjust taxable value of property
• Authority to contract for replacement or repair
53
HB 1831 (Corte/Carona)
Disaster Preparedness (pg. 45)
• Makes confidential information collected in
school security audit
• Make available district’s plan to respond to
emergencies
• Establish a district safety and security
committee
• Safety and security consulting
54
HB 4409 (Taylor/Jackson, Mike)
Emergency Management (pg. 48)
• Applies to a critical governmental facility
renovation
• Evaluate whether facility needs a combined
HVAC system
• Texas Windstorm Insurance Association
• TWIA subject to review by September 1, 2015
• TWIA to produce biennial report on operations
55
SCHOOL DISTRICT
OPERATIONS
56
HB 987 (Creighton/West)
Competitive Bidding Requirements (pg. 45)
• Increases procurement laws from $25,000 to
$50,000
• Districts may receive bids electronically
• Attorney’s fees
• Fees only apply to a claim after effective date
of this bill
57
HB 281 (Anchia/West)
School-Based Health Centers (pg. 44)
• Local health entities that contract with school
districts eligible to receive state grants
• Funds cannot be used for reproductive
services
• Lengthens time frame from 3 years to 5 years
• Expands school-based health centers
58
SB 300 (Patrick, Dan/Shelton)
Unfunded Mandates (pg. 50)
• Posting job vacancies
• Minor adjustments to the teacher to student
class size ratio
• Changes to the school bus evacuation training
• Changes in regards to reducing electricity
consumption
59
SB 768 (Hegar/Homer)
Texas Structural Pest Control Act (pg. 50)
• Non pesticide application activities are subject
to law
• Removing live animals requires licensing
• Exempts certain activities from licensing
• Certain consulting services exempt under
Texas Structural Pest Control Act
60
TASB Post-Legislative Conference
Governmental Relations Division
Texas Association of School Boards
Student Issues
Julie Shields
Assistant Director
TASB Governmental Relations
62
HB 130 (Patrick, Di./Zaffirini)
Full-Day Prekindergarten Grant (pg. 52)
• Creates a grant program in which districts can
offer a full-day enhanced quality pre-K program
• Establishes class size limits, teacher quality
requirements, curriculum, accountability
standards, and guidelines for partnerships with
private providers
• $25 million allocated for the grant
63
HB 2263 (Eissler/Shapiro)
Innovation Grant (pg. 55)
• Expands efforts to reach students most at-risk
for dropping out
• Focuses on middle/junior and high school
students
• Dropout prevention and post-secondary
readiness
64
HB 1041 (Parker/West)
District Policies/Sexual Abuse (pg. 13)
• Requires districts to adopt a policy addressing
the sexual abuse of children
• Districts must develop an improvement plan
and informational handbook
• Districts are encouraged to utilize available
resources
65
SB 2033 (Nelson/Eissler)
District Grading Policy (pg. 38)
• Adopt a district grading policy
– Requires teachers to assign grades reflective of
student mastery of subjects
– Prohibits districts from requiring teachers to assign
a minimum grade
– Allows a student opportunities to re-do or make-up
assignment
66
HB 2542 (Eissler/Van de Putte)
Excused Absence/College Visits (pg. 55)
• TASB Resolution
• Excused absence for visiting an institution of
higher education
• Up to two days
• Board of trustees adopts policy
67
HB 192 (Alonzo/Van de Putte)
Excused Absence/U.S. Citizenship (pg. 53)
• Excused absence for appearing at a
governmental office to complete paperwork in
connection with the student’s application for
U.S. citizenship
• Excused for taking part in an oath ceremony
68
HB 192 (Alonzo/Van de Putte)
Excused Absence/Autism Services
• Amendment on the Senate floor
• A student’s appointment with a healthcare
professional must be excused if the student
starts classes and returns the same day for
recognized services for students with autism:
– Applied behavioral analysis
– Speech therapy
– Occupational therapy
69
Curriculum
• HB 339 (Phillips/Carona) – Driver Education (35)
• HB 3076 (Deshotel/West) – Parenting &
Paternity Awareness (pg. 35)
• SB 1219 (Averitt/Deshotel) – Parenting &
Paternity Awareness (pg. 37)
• SB 1344 (Watson/Eissler) – Alcohol Awareness
Curriculum (pg. 37)
70
HB 4294 (Branch/Shapiro) – Purchase of
Electronic Instructional Materials (pg. 36)
• TASB Priority
• Allows commissioner to create list of allowable
electronic textbooks and instructional material
• Expands uses of state textbook funds
• Requires purchase of classroom set of SBOEadopted textbooks and certification that TEKS
are covered in foundation curriculum materials
• Includes flexibility and local control
71
SB 283 (Nelson/Shelton)
School Health Advisory Councils (pg. 56)
• Adds structure to what is currently required
under the law
• Emphasizes local control
• Sets forth meeting requirements
• Requires annual report
72
SB 891 (Nelson/Eissler)
Physical Education (pg. 37)
• Requires the State Board of Education to adopt
TEKS:
– Consistent with national physical education
standards
– At least 50 percent of instruction time must be used
for actual physical activity
• Allows district to determine class size
• Addresses prekindergarten participation
73
Student Discipline
• HB 171 (Olivo/Gallegos) – Mitigating factors
considered in disciplinary actions (pg. 53)
• HB 1020 (Deshotel/Hinojosa) – Use, Exhibition
or Possession of firearms at school activities
(pg. 53)
74
Student Issues
• HB 1423 (Guillen/Shapiro) – Public junior college
charters (pg. 16)
• HB 136 (Villarreal/Van de Putte) – Increasing
Awareness of prekindergarten programs (pg. 52)
• HB 3643 (Aycock/Van de Putte) – Including
stepchild and stepparent in laws regarding
prekindergarten (pg. 56)
75
Student Issues
• HB 1297 (Hochberg/Van de Putte) – Expanding
flexible school day program (pg. 45)
• SB 68 (Nelson/Darby) – Licensing and
inspection of before- and after-school programs
(pg. 48)
76
TASB Post-Legislative Conference
Governmental Relations Division
Texas Association of School Boards
2009 Post-Legislative Seminar – Fort Worth
Continuing Education Information
Experienced board members have the option to count this session either
for Tier 1 credit, the Texas Education Code Update, required training after
a legislative session or for Tier 3 credit, general board training.
• All newly elected board members: This session can count as Tier 3
training only. You will get three hours of credit for this session.
• Experienced board members: You may choose to count this session
toward the required Tier 1 Education Code update or Tier 3 training.
78