Legislative Update - Texas Association of School Boards

TASB Post-Legislative Conference
Governmental Relations Division
Texas Association of School Boards
Accountability, Governance
and Liability
Jackie Lain
Associate Executive Director
TASB Governmental Relations
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
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
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
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:
Retains current laws re: GPC and retesting
Student must complete AI to be promoted
If promoted, must have “highly qualified teachers”
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
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
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
• Ratings: “Acceptable”/ “Unacceptable”
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
HB 3 (Eissler/Shapiro)
Tier One: Financial Accountability
• Separate systems for districts and charter schools
• Eliminates external benchmarks: 65% Rule, Spending
• Efficiency ranking to determine higher performers
• New “Early Warning System” and Financial Solvency
• District must submit financial plan to TEA if deficit
projected within 3 years
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
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
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
– CTE course covers all the Math/Science TEKS for the course
• Creates two CTE – related grant programs
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
HB 3 (Eissler/Shapiro)
Accountability Bill’s Goals
• Establish Postsecondary Readiness as the state’s
• Ensure rigor and relevance of course work
• Ease pressure on students / teachers / principals
• Promote sharing of best practices
• Use carrots before sticks
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
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
• Texas school district must comply with “Interstate
Compact on Educational Opportunity for Military
Children” – trumps local district policies
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
• 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
SB 90 (Van de Putte/Geren)
Interstate Military Compact (cont.)
• TEA is the “State Council” – coordinate functions of
state agencies, school districts, and military
• TEA will appoint a “military family education liaison” to
assist families
• Participating states may be suspended/terminated if
they don’t comply with Compact
TASB Post-Legislative Conference
Governmental Relations Division
Texas Association of School Boards
Appropriations, School Finance,
Taxes & Personnel
Dominic Giarratani
Assistant Director
TASB Governmental Relations
SB 1 (Ogden/Pitts)
General Appropriations Act (pg. 67)
• 2010-11 state budget
• Appropriates $182.3 billion from state and federal
• Dedicates $49.2 billion to the Texas Education
Agency and the public school system and $4 billion
for the Teachers Retirement System
SB 1 (Ogden/Pitts)
General Appropriations Act
• SB 1 includes funding for:
House Bill 3646, School Finance
District Awards for Teacher Excellence Program
Instructional Facilities Allotment
Existing Debt Allotment
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
SB 1 (Ogden/Pitts)
General Appropriations Act
• Allocates funds from the American Reinvestment
and Recovery Act
• Retains state fiscal stabilization fund at state
• Remaining funds will go directly to school
districts to be used for Title I, IDEA and other
federal programs
SB 1 (Ogden/Pitts)
General Appropriations Act
• Riders of Interest:
– Intent on Proclamations 2011 and 2012
– Prohibition on vouchers
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
HB 3646 (Hochberg/Shapiro)
School Finance
• Eliminates Texas Educator Excellence Grant
(TEEG) Program
• Extends mid-size adjustment to Chapter 41
• Automatically rolls forward the eligibility date
for the existing debt allotment each biennium
• Establishes a new state bond guarantee
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
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
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
– Creates a new process to override a comptroller’s
negative recommendation
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)
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)
• 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)
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)
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
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
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
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
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
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
• Proposed law clarifies exemption newspapers
of general circulation published on the internet
• Magazines published once a month
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
• Requestor to get a copy of district’s letter sent
to the attorney general
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
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
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
SB 2085 (Davis, W/Hancock) and HB 1720
(Bohac/Deuell) – Funds for Political Ads (pg.8)
• Current law prohibits public funds for political
• Clarifies a Ethics Commission ruling
• Provides an affirmative defense
• May request a court or Ethics Commission
ruling on specific language for political
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
HB 1831 (Corte/Carona)
Disaster Preparedness (pg. 45)
• Makes confidential information collected in
school security audit
• Make available district’s plan to respond to
• Establish a district safety and security
• Safety and security consulting
HB 4409 (Taylor/Jackson, Mike)
Emergency Management (pg. 48)
• Applies to a critical governmental facility
• 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
HB 987 (Creighton/West)
Competitive Bidding Requirements (pg. 45)
• Increases procurement laws from $25,000 to
• Districts may receive bids electronically
• Attorney’s fees
• Fees only apply to a claim after effective date
of this bill
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
• Lengthens time frame from 3 years to 5 years
• Expands school-based health centers
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
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
TASB Post-Legislative Conference
Governmental Relations Division
Texas Association of School Boards
Student Issues
Julie Shields
Assistant Director
TASB Governmental Relations
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
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
• Dropout prevention and post-secondary
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
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
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
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
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
• 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)
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
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
SB 891 (Nelson/Eissler)
Physical Education (pg. 37)
• Requires the State Board of Education to adopt
– Consistent with national physical education
– At least 50 percent of instruction time must be used
for actual physical activity
• Allows district to determine class size
• Addresses prekindergarten participation
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)
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)
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)
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.