84TH SESSION
POST-LEGISLATIVE WORKSHOP
JUNE 23, 2015
1
THE 84TH LEGISLATIVE SESSION
 6,276 bills filed during the 84th Session
 1,388 became law (22% passage rate)
Session
Passage Rate
83rd (2013)
24%
82nd (2011)
23%
81st (2009)
19%
2
“On the bright side, this session underlines
a real virtue of limited government:
limited opportunity to do harm.”
-Erica Grieder,Texas Monthly
3
PRESENTATION OVERVIEW
 Political Landscape
 State Budget Overview
 Overview of Bills
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School Finance
Property Taxes
Administration and Governance
Accountability and Assessment
Curriculum/Programs/Instructional Materials
Personnel Matters
Discipline/Safety
School Choice/Charter Schools
State Government
 What Lies Ahead?
4
POLITICAL LANDSCAPE
5
BACK IN JANUARY…
 New state leaders
 New Governor
 New Lt. Governor
 New Committee Chairs
 Senate Finance
 House Appropriations
 Senate Education
6
BACK IN JANUARY…
Newly-elected Comptroller
Glenn Hegar delivered a revenue
estimate that allowed lawmakers
to spend up to $10 billion
more than the previous
biennium, while still maintaining
more than $11 billion in the
Rainy Day Fund.
7
BACK IN JANUARY…
 “New Day” in the Texas Senate
 9 freshman senators joined 5
sophomores, meaning that 14 of 31 in
the Texas Senate had not served a full
four-year term yet
 “2/3 rule” became
“Rule of 19”
8
BACK IN FEBRUARY…
 In Governor Abbott’s State of the State Address,
he lifted a copy of the Texas Education Code and
criticized its length.
“We must return genuine
local control to school
districts in Texas.”
9
EXPECTED ROLE OF POLITICS
LOOKING FORWARD
Legislators Not Returning in 2017 (so far)
Texas Senate
Texas House
Eltife, Kevin(R) SD 1
Aycock, Jimmie Don(R) HD 54
Fraser, Troy(R) SD 24
Farias, Joe(D) HD118
Fletcher, Allen(R) HD130
Harless, Patricia(R) HD126
Hughes, Bryan(R) HD 5
Keffer, Jim (R) HD 60
Simpson, David(R) HD 7
Turner, Sylvester(D) HD139
10
STATE BUDGET OVERVIEW
11
THROUGH THE 2011 LENS
 No further funding cuts!
 Enrollment growth funded
 Increase to the Basic Allotment & Tier 1
Equalized Wealth Level
12
HB 2
SUPPLEMENTAL APPROPRIATIONS
 Total of $290 million provided in supplemental
appropriations for the 2014-15 biennium
 Appropriated $768 million to cover the TRS-Care shortfall
for 2016-17
 Reclaimed $710 million of unused TEA funds for the 2014-
15 biennium (due to higher than expected growth in
property values and slightly lower enrollment growth)
13
HB 1
GENERAL APPROPRIATIONS
2014-15
2016-17
$202.08
$209.43
$7.35
3.6%
General Revenue
Funds
$95.16
$106.60
$11.44
12.0%
State Funds Total
$133.63
$141.43
$7.80
5.8%
All Funds
$ Change % Change
($ in billions)
14
WHAT WAS LEFT
 In the end, $6.4 billion was left in General
Revenue beneath the pay-as-you go limit
 $2.9 billion remaining under spending limit
 Plus the $11.1 billion in the Rainy Day Fund
15
ECONOMIC STABILIZATION FUND
“RAINY DAY FUND”
 Estimated to be $11.1 billion by end of 2017
 Recommended floor of $7 billion for next 3 years
 HB 903 authorized investments (with certain limits)
to increase the fund’s earning potential
 Estimated cap for the fund in 2017 is $16.1 billion
 3/5 vote to spend from RDF in current biennium &
2/3 vote to otherwise draw from the fund
16
FIGURE 25
ECONOMIC STABILIZATION FUND BIENNIAL DEPOSITS, EXPENDITURES, AND FUND BALANCE
2002–03 TO 2016–17 BIENNIA
IN BILLIONS
$12
$11.1
$10
$8.5
$8
$6.7
$6
$5.5
$6.2
$5.0
$4.3
$4
$3.0
$2.5
$2
$0.8
$2.6
$1.5
$1.0
$0
($2)
($1.5)
($1.2)
($4)
2002–03
($0.0)
($0.1)
($0.4)
2004–05
2006–07
2008–09
Economic Stabilization Fund Ending Balance
($3.2)
2010–11
Fund Deposits
($1.9)
($2.0)
2012–13
2014–15
2016–17
Expenditures
NOTE: Fiscal years 2015 to 2017 are projections based on the Comptroller of Public Accounts’ 2015 Biennial Revenue Estimate.
SOURCES : Legislative Budget Board; Texas Comptroller of Public Accounts.
SUMMARY OF 2016–17 CONFERENCE COMMITTEE REPORT FOR HB 1– ID: 2461
LEGISLATIVE BUDGET BOARD – MAY 2015
17
TAX RELIEF PACKAGE
Bill(s)
Type
SB 1
SJR 1
$10,000 increase to
Homestead Exemption
25% reduction to
Franchise Tax
TOTAL PACKAGE
HB 32
Cost
$1.25 billion
$2.55 billion
$3.8 billion
18
HB 1
GENERAL APPROPRIATIONS
2016-17 state budget includes $3.8 billion in tax relief (GR
funds). The table below reflects the budget numbers without
the $3.8 billion in tax relief.
2014-15
All Funds
GR Funds
State Funds Total
$202.08
$95.16
$133.63
2016-17
$205.63
$102.80
$137.63
$ Change % Change
$3.55
$7.64
1.8%
8%
$4
3%
($ in billions)
19
BAND-AIDS DON’T ALWAYS STOP
THE BLEEDING
 Tax relief with $3.8 billion biennial cost to maintain
 Transportation costs still unmet
 More than $1 billion state facility needs deferred
 Medicaid-shortfall
 TRS-Care still $700 million per year short
 And, oh yeah, inadequate funding for schools
20
HB 1
PUBLIC EDUCATION APPROPRIATION
2014-15
2016-17
$ Change % Change
All Funds
$51.51
$54.37
$2.87
5.6%
General Revenue
Funds
$33.73
$37.35
$3.62
10.7%
21
($ in billions)
HB 1
PUBLIC EDUCATION APPROPRIATION
2014-15
2016-17
$ Change % Change
All Funds
$51.51
$54.37
$2.87
5.6%
General Revenue
Funds
$33.73
$37.35
$3.62
10.7%
All Funds, excluding
$1.2 billion prop. tax
relief & $2.6 billion
franchise tax relief
$51.51
$50.57
($0.94)
(1.8%)
22
($ in billions)
HB 1
NEW MONEY FOR PUBLIC EDUCATION
 $2.5 billion for enrollment growth
 $1.2 billion for Basic Allotment/Tier 1 EWL increase
 $860 million for increased yield on golden pennies
 $200 million for fractional funding fix (tax rate conversion)
 $103 million for facilities funding (IFA & NIFA)
 $4.86 BILLION TOTAL
23
HB 1
NEW MONEY FOR PUBLIC EDUCATION?
 $4.5 billion estimated reduction in state funding obligation
(due to local property value growth)
 $1.1 billion increase in recapture over two years (due to
local property value growth)
 $5.6 BILLION IN EXPECTED TOTAL SAVINGS
FOR STATE IN 2016-17 BINNENIUM
24
HB 1
NEW MONEY FOR PUBLIC EDUCATION?
 $5.6 billion expected FSP savings for the State
 $4.86 billion new for Foundation School Program
25
HB 1
PUBLIC EDUCATION RIDERS
 $55 million - Instructional Facilities Allotment (IFA)
 $47.5 million - New Instructional Facilities Allotment (NIFA)
 Application must be submitted by July 15
 Remember that Chapter 41 districts are eligible for NIFA!
 $118 million for High-Quality Pre-K grants (HB 4)
 $40.6 million for new literacy & math academies
26
HB 1
PUBLIC EDUCATION RIDERS
 $1.1 billion for Instructional Materials Allotment ($202
million increase), plus $527 million is transferred from FY17
to FY16, so that total amount of funding is available in first
year of biennium
 $31.7 million for Student Success Initiative ($18.8 million
decrease)
 $0 for TRS contribution transitional aid for districts ($330
million reduction)
27
HB 1
FSP FUNDING
Basic Allotment
2014-15 2015-16 2016-17
$5,040
$5,140
$5,140
Tier 1 Equalized Wealth Level $504,000 $514,000 $514,000
Golden Penny Yield
$61.86
$74.28
$77.53
From the Center for Public Policy Priorities:
Using the Comptroller forecast of CPI, by 2017, the
$5,140 Basic Allotment will be $4,947 in 2015 dollars,
lower than it was in 2014 or 2015.
28
Yield x 100 pennies = Basic Allotment
($51.40 x 100 = $5,140)
29
OVERVIEW OF IMPACT
TIER 1 RECAPTURE
Based on the changes to FSP funding in HB 1:
 Due to the increased Tier 1 EWL, recapture will be $77.7 million
less next year than it was expected to be under current law.
 However, recapture will still increase to $1.7 billion next year
(compared to $1.3 billion in 2014-15)
 By 2016-17, Chapter 41 districts are expected to pay $1.98
billion in Tier 1 recapture in one year
 These numbers do not reflect the annual $38 million in Tier 2
recapture or the impact of the increased homestead exemption
30
OVERVIEW OF IMPACT
ASATR
Based on the changes to FSP funding in HB 1:
 80% of districts on formula in 2015-16
(31 more than current law, and 66 more than in 2014-15)
 By 2016-17, 187 districts (18%) are still expected to face the ASATR
cliff
 ASATR funding will be reduced by $83.5 million in 2015-16 (due to
BA/EWL increase)
 Collectively, 187 districts will receive $239 million in ASATR in 2016-17
31
OVERVIEW OF IMPACT
AVERAGE INCREASE
 Moak, Casey & Associates estimates that the state
average M&O gain is $180/WADA
 ASATR districts and those with higher wealth/WADA
will not see that type of gain, and some may see a
slight decline, depending on local property values and
enrollment
32
SCHOOL FINANCE
33
THE SCHOOL FINANCE SESSION
THAT WASN’T
 Pre-session prediction that no school finance bill
would pass absent a Texas Supreme Court
decision
 Then “school finance districts” proposal to
consolidate school district wealth
 And finally a full-scale school finance proposal
that ultimately met its demise, but spurred a lot
of conversation
34
THE SCHOOL FINANCE SESSION
THAT WASN’T TAKE-AWAYS
 There things to both love and hate
about failed HB 1759
 At the end of the day, it caused House
members to have intelligent and
meaningful conversations about school
finance to prepare for future proposals
35
HB 7
FRACTIONAL FUNDING FIX
 New dedicated Tax Rate Conversion Fund
 Fund provides necessary dollars for the FSP to increase
state aid for districts with tax rates compressed below
$1.00 in 2006 that have now raised their tax rate by more
than $0.06.
 These districts would now receive the full Basic Allotment
(without percentage penalty)
36
THE EFFECTS OF FRACTIONAL FUNDING
37
FRACTIONAL FUNDING FIX
38
HB 7
FRACTIONAL FUNDING FIX
 Optional for districts in school years 2015-2016
and 2016-2017 (while ASATR remains in law)
 Districts that wish to choose this option must
notify TEA by September 1.
 Rates will automatically convert for all eligible
districts in the 2017-2018 school year.
39
HB 7
FRACTIONAL FUNDING FIX
 The Legislative Budget Board estimates this will
drive $94.3 million more to schools in FY16
 $98 million in FY17
 Predicted to increase to $155 million by FY20
40
HB 2660
ADA FOR OPTIONAL FLEXIBLE DAY
 Relates to the calculation of Average Daily Attendance
(ADA) for students in optional flexible day programs
 Requires the Commissioner of Education to calculate ADA
for students in an optional flexible school day program using
the two-hour and four-hour requirements that currently
apply to the calculation of half and full-day regular program
attendance in place of the current full-time-equivalent basis
of six hours of contact time for a full day of attendance
 Enables optional flexible day programs to earn a full day of
attendance for 240 minutes of instruction rather than the
360 minutes of instruction currently required
41
HB 2812
ADA FOR OFF-CAMPUS PROGRAMS
 Allows commissioner to approve instructional
programs provided off-campus by an entity other
than a school district or charter school as a
program in which student participation may count
toward ADA
 Eliminates the limit on the number of dual credit
courses in which students may enroll
42
PROPERTY TAXES
43
SB 1
INCREASED HOMESTEAD EXEMPTION
 Increases the mandatory state residence homestead
exemption from $15,000 to $25,000 of the appraised
value
 School districts with an optional homestead exemption
(OHE) for the 2014 tax year may not reduce the amount or
repeal the exemption until December 31, 2019
44
SB 1
THE NEW “ASATR” IS “ASAHE”
 Districts will see an increase in state funding or a decline in recapture due to
the increased exemption
 For the instances when that doesn’t provide the district with the same
amount of funding, SB 1 provides a hold harmless for both M&O and I&S
funding through the calculation of a district’s Additional State Aid for
Homestead Exemption (ASAHE)
 For M&O, TEA will use the lesser of the district’s currently adopted tax rate
or the 2014 tax rate and will assume that the increased homestead
exemption and additional limitations on tax increases had been in effect
 ASAHE for debt service applies only to debt levied prior to September 1,
2015. A district’s ASAHE on debt is equal to the amount by which the loss of
I&S revenue is not offset by a gain in state aid and is limited to revenue
required to serve eligible debt including refunding of that debt.
45
SJR 1
CONSTITUTIONAL AMENDMENT FOR HE
 Accompanying constitutional amendment from SJR 1 must be
approved by voters before the increased homestead
exemption takes effect
 Therefore, taxpayers will receive a “provisional tax bill”
explaining what taxes they will owe if the amendment is
adopted at the November election, and how much they will
pay if it isn’t
 The average homeowner is expected to see a savings of $125
(that’s $10.41 per month)
46
HB 1378
FINANCIAL REPORTING REQUIREMENTS
 Requires annual financial reports of political subdivisions, including
school districts, with detailed information regarding debt obligations
 Information required includes all authorized debt, combined
principal and interest required to pay all and each outstanding debt
issuance, total and per capita amounts for debt secured by property
taxes, current credit rating, spent and unspent amounts, maturity
date, purpose for which debt was authorized, and more
 Also prevents the issuance of contractual obligations for a
purpose for which a bond referendum failed in the three
preceding years
 Effective September 1, 2016
47
SB 1760
PROPERTY TAX RATE ADOPTION
 Requires record vote with at least 60% of the board of trustees
voting in favor of setting a tax rate that exceeds the sum of the
effective M&O tax rate and the district’s current debt rate in order
for the higher rate to be adopted
 The notice of tax revenue increase and the ballot in any election to
ratify a higher tax rate must include a statement regarding the
intended purpose for the proposed increase in total tax revenue
 Sets interest rate at 9.5% on a property tax refund after an appeal
(current maximum amount is 8%, and actual amount closer to 5%)
 Includes variety of other procedural changes regarding property tax
administration
 Effective September 1, 2016
48
HB 114
CAPITAL APPRECIATION BONDS (CAB)
 Prohibits issuance of capital appreciation bonds (CAB) secured by





property taxes unless certain criteria are satisfied
CABs issued after September 1, 2015 may not be used for items
with expected useful life that does not exceed bond’s maturity date.
The total amount of CAB may not exceed 25% of the district’s total
outstanding bonded indebtedness at the time of issuance
Maturity date of CAB may be extended only if the extension
achieves savings or if the district is at the I&S rate cap and TEA
certifies that PSF solvency would be threatened
Requirements do not apply to certain refunding bonds or CAB for
the purpose of financing transportation projects
The district must ensure all required debt information is posted on
the district’s website
49
ADMINISTRATION &
GOVERNANCE
50
SB 810
SCHOOL-CITY PARTNERSHIPS
 Allows school districts and cities that are located
wholly in the same county to contract to share the
costs of designing, improving, or constructing
instructional or athletic facilities that are owned by the
city
 Both entities must enter into a written agreement
authorizing the district to use that facility
51
HB 2610
INSTRUCTIONAL MINUTES FLEXIBILITY
 Greater local control and flexibility with the school calendar
 Rather than 180 days of instruction, now 75,600 minutes of
instruction are required (1 day = 420 minutes)
 No change to school start date; adds prohibition that school
year end before May 15 (except in some rare instances)
 Districts may add minutes of instruction onto certain or all
days to make up time to allow for weather days, fall breaks,
fairs, fiestas, competitions, etc.
52
HB 3562
PREPAID MEAL CARD GRACE PERIOD
 Requires school districts that allow students to use prepaid meal
cards or accounts to purchase meals served at the school to adopt a
grace period policy regarding the use of the cards or accounts
 The policy must allow a student whose meal card is exhausted to
continue, for a period determined by the district, to purchase meals
by accumulating a negative balance on the student's card
 Districts must notify a parent of the lack of funds
 Districts may set a schedule for repayment on the account balance,
but may not charge fees or interest on outstanding balances
53
HB 283
OPEN MEETINGS RECORDINGS
 Requires certain local government entities, including school
districts with student enrollment of 10,000 or more, to
make a video and audio recording of each regularly scheduled
open meeting (not a work session or a special called meeting)
 Recordings must be made available no later than seven
days after the date of the meeting on an existing internet site,
and must be archived for not less than two years
 Exemptions from requirement in the event of a catastrophe
 Effective January 1, 2016
54
SB 507
SPECIAL ED SURVEILLANCE CAMERAS
 Upon request of a parent, staff member, or trustee, cameras
must be installed in self-contained special education
instructional settings
 Video surveillance must include audio and must cover the
setting from every angle (no blind spots, except
restrooms/changing areas)
 School must retain video footage for at least six months
 Effective 2016-2017 school year
55
ACCOUNTABILITY &
ASSESSMENT
56
SB 149
INDIVIDUAL GRADUATION COMMITTEES
 Allows individual graduation committee to determine
whether a student who has met all other requirements, but
failed to pass 1 or 2 end-of-course exam assessments, may be
permitted to graduate according to other criteria and
measures
 Law is set to expire in 2017, so it may only apply to the Class
of 2015 and Class of 2016
57
HB 743
VALIDATION AND TIMING OF STAAR
 Requires that STAAR tests in grades 3-8 be empirically validated by
an independent entity
 Assessments must be designed so that 85% of students in grades
3-5 can complete the exams within 120 minutes and grades 6-8
within 180 minutes; maximum time allowed is eight hours per day
 TEA is to evaluate the TEKS and the testing program and report
results by March 1, 2016
 TEA must develop methodology to check compliance of state
assessment contractors with their contractual obligations
58
HB 2804
ACCOUNTABILITY REFORM
Five domains will be used to determine school and district
accountability ratings
 Domain 1: Standards at satisfactory & college ready levels on STAAR
 Doman 2: Progress/Improvement toward meeting levels on STAAR
 Domain 3: Closing achievement gaps on STAAR
 Domain 4: Academic Attainment (attendance, dropout/grad rates, etc.)
 Domain 5: Community and Student Engagement
59
HB 2804
ACCOUNTABILITY REFORM
Student Assessment
55%
Academic
Attainment:
35%
CaSE
10%
Domain 1
Domain 2
Domain 3
Domain 4
Domain 5
STAAR/EOC
STAAR
Improvement
Satisfactory
Level
Reductions
in academic
differentials
among
student
groups
High School
Graduation
rates (10%)
Dropout rates
CTE/TSI/AP
Etc.
Three
STAAR Alt. 2
Satisfactory
STAAR/EOC
College
Ready
STAAR
Improvement
College Ready
Elem./Middle
Attendance,
dropout rates
categories
(district/
school
choice)
60
HB 2804
ACCOUNTABILITY REFORM
 Commissioner assigns ratings for each
domain, as well as an overall rating.
 Letter grades (A, B, C, D, or F) must be used
no later than 2017-18 school year.
61
HB 2804
ACCOUNTABILITY REFORM
 By January 1, 2017, TEA must report impact of
Domains 1-4 as if new system had been in place
for 2016 ratings, including correlations between
letter grade ratings and student demographics
 Texas Commission on Next Generation
Assessments & Accountability formed and charged
with recommending new accountability and
assessment systems by September 1, 2016.
62
HB 1842
INTERVENTIONS & SANCTIONS
School Interventions
 Year 2 Academically Unacceptable - requires the district to
prepare a campus turnaround plan (CTP) to improve student
performance on the campus.
 Year 3 Academically Unacceptable - requires the district to
implement a commissioner-approved CTP or commissioner
must implement alternative management, install a board of
managers or close the school, if the district fails to submit
CTP which the commissioner determines will result in
acceptable rating within two years.
63
SCHOOL YEAR 1
YEAR 1 ACADEMICALLY
UNACCEPTABLE
SCHOOL YEAR 2
CAMPUS INTERVENTION TEAM
YEAR 2 ACADEMICALLY
UNACCEPTABLE
SCHOOL YEAR 3
PLAN FOR REFORM
YEAR 3 ACADEMICALLY
UNACCEPTABLE
SCHOOL REFORM
CAMPUS TURNAROUND CHARTER
ALTERNATIVE MANAGEMENT
CLOSURE
BOARD OF MANAGERS
64
SCHOOL REFORM
CAMPUS TURNAROUND CHARTER
ALTERNATIVE MANAGEMENT
CLOSURE
BOARD OF MANAGERS
REFORM SCHOOL YEAR 1
IMPLEMENT REFORM
YEAR ONE ACADEMICALLY
UNACCEPTABLE
REFORM SCHOOL YEAR 2
IMPLEMENT REFORM
YEAR TWO ACADEMICALLY
UNACCEPTABLE
BOARD OF MANAGERS
CLOSURE
65
HB 1842
INTERVENTIONS & SANCTIONS
 Schools are free of intervention requirements only after they
are academically acceptable for two consecutive school years
 Allows charter schools representatives to meet with the
commissioner regarding discretionary non-renewal and
revocation decisions.
 Provides the agency with tools to more effectively monitor
and investigate schools and to efficiently conclude the
operations of charter schools ceasing to operate.
66
HB 1842
DISTRICTS OF INNOVATION
 Allows districts rated acceptable or better the opportunity to
take advantage of some of the exemptions enjoyed by charter
schools (to the extent the local community chooses) by
designating itself as a “district of innovation”
 Requires public input during the development of the plan and
requires at least a two-thirds approval from the board of the
trustees to adopt the local innovation plan
 Commissioner may terminate district of innovation status if a
district is academically or financially unacceptable for 2
consecutive years; termination required after 3 consecutive years
67
HB 18
HIGH-PERFORMANCE SCHOOLS CONSORTIUM
 Increases capacity for Texas High Performance
Schools Consortium from 20 to 30 participants and
from 5% to 10% of students enrolled in Texas public
schools
 Shifts reporting requirements to the schools rather
than the commissioner
 Adds SBOE as an entity to receive reports
68
SB 1867
DROPOUT/COMPLETION RATES
Calculations for dropout and completion rates must
exclude students who:
 Are at least 18 years of age on September 1 of the
school year
 Have satisfied graduation requirements
 Are enrolled in and receiving special education
services, but have not yet completed IEP requirements
69
CURRICULUM/PROGRAMS &
INSTRUCTIONAL MATERIALS
70
HB 4
HIGH QUALITY PRE-KINDERGARTEN
 Provides up to $1,500 per eligible 4 year-old pre-k
student (up to $59 million per year in grant funding)
 To be eligible for the funding, districts must:
 Implement curriculum that includes certain pre-k
guidelines, measures student progress in meeting learning
outcomes, and is not Common Core
 Develop a family engagement plan
 Attempt to maintain a 1:11 teacher/aid to student ratio
 Teachers must be certified and meet at least one of the
other qualifications listed in the bill
71
HB 18
PLANNING PREP COURSEWORK
 Requires TEA to develop public outreach materials regarding
HB 5(2013) changes by December 1, 2015
 Districts must provide instruction to students in grades 7 or 8
on preparing for high school, college, and career (as part of
existing course or new elective course)
 Center for Teaching & Learning at UT-Austin to develop online
instructional program that can be used to satisfy this new
requirement
72
HB 18
HIGHER EDUCATION IMPACT
 Institutions of higher education that administer a Texas Success
Initiative assessment must report to each school district from which
assessed students graduated all available information regarding
student scores and performance on the instrument and student
demographics
 Courses offered for joint high school and junior college credit must
be taught by a qualified instructor approved or selected by the
junior college. Minimum degree requirements apply. Junior college
shall approve or reject an application to teach a high school course
that is submitted by an instructor employed by the school district
73
HB 1474
INSTRUCTIONAL MATERIALS
 Instructional Materials Allotment (IMA) is “front-loaded”
and changed to a biennial allocation, with the full amount of
the funding provided in the first year of each biennium.
74
PERSONNEL, CERTIFICATION &
PROFESSIONAL DEVELOPMENT
75
HB 18
COUNSELOR ACADEMIES
 Center for Teaching & Learning at UT-Austin to
develop postsecondary education and career
counseling academies for secondary school
counselors and advisors
 Counselors can receive a stipend from funds
appropriated for this purpose and teachers who
attend may receive a stipend if funding remains
available
76
SB 925, SB 934 & SB 972
TEACHER ACADEMIES
Bill
Type
Audience
SB 925
Literacy Achievement Academies
K-3 teachers
SB 934
Mathematics Achievement Academies
K-3 teachers
SB 972
Reading-to-Learn Academies
4-5 teachers
Stipends are available (from funds appropriated) for
selected teachers to attend; priority for selection for
educators employed at campuses where 50% or more of
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students are educationally disadvantaged.
SB 935
READING EXCELLENCE TEAMS
 Creates a pilot program allowing districts to request a
Reading Excellence Team
 District eligibility is determined by low performance on
reading assessments
 Teams consist of specialists who determine the K-3
classrooms with the greatest needs and provide staff
development to improve reading outcomes
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HB 2186
SUICIDE PREVENTION TRAINING
 Requires staff development training on suicide prevention
as part of new employee orientation for educators
 Existing educators must receive suicide prevention
training according to a schedule adopted by TEA
 Training may be satisfied through independent review
online
 Applies beginning with the 2015-2016 school year
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HB 2205
EDUCATOR PREP & CERTIFICATION
 Enacts multiple changes regarding SBEC authority
 Allows commissioner to issue subpoena during an
investigation of an educator
 Gives districts authority to grant a teaching permit to
an individual who will teach a CTE course
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SB 1259
TEACHER IEP COMMITTEE PARTICIPATION
 Ensures that teachers are able to provide input during
the development of an IEP for a child with disabilities
 Requires that to the extent practicable, the teacher
responsible for instructing the student and implementing
a portion of the IEP be included in the committee
developing the student's IEP
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TRS BILLS
 HB 2168: monthly TRS annuity payments are payable on the last working
day of the month
 HB 2794: changes definition of annual compensation to service during 12-
month period rather than school year; establishes interim committee to
study TRS-Care and TRS-ActiveCare, including an assessment of impact to
TRS-ActiveCare if districts were allowed to opt out
 SB 1940: creates a joint interim committee to study and review the health
benefit plans, including TRS-Care and TRS-ActiveCare, and propose
reforms; committee shall assess financial soundness of plans, cost and
affordability of plan coverage to those eligible for coverage, and the
sufficiency of access to physicians and health care providers
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DISCIPLINE & TRUANCY
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SB 97
VAPOR PRODUCT (E-CIGARETTES) BAN
 School districts must prohibit the use of e-cigarettes, among
other products, at a school-related or school-sanctioned
activity on or off school property and to prohibit students
from possessing e-cigarettes, at such an activity
 The district's student handbook and website, must address
policies and procedures regarding penalties for the use of ecigarettes by students and others on school campuses or at
school-sponsored or school-related activities
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SB 107
CAMPUS BEHAVIOR COORDINATOR
 Each school campus must designate one employee as the Campus Behavior
Coordinator (CBC), with the primary responsibility to maintain student
discipline
 CBC must notify the parent or guardian if a student is placed into in-
school or out-of-school suspension, DAEP, JJAEP, expelled, or taken into
custody by law enforcement; good faith attempt is expected to provide
notice the day action was taken
 Before disciplinary action is taken, CBC and board of trustees must
consider whether the student acted in self-defense, intent, disciplinary
history, and whether the student has a disability that substantially impairs
the student's capacity to appreciate the wrongfulness of the conduct

Applies beginning with 2015-16 school year
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HB 2398
EXTENSIVE CHANGES TO TRUANCY LAWS
 Allows those convicted of a truancy offense under former law to have the
conviction expunged
 Extends compulsory attendance to a person’s 19th birthday
 Eliminates a peace officer’s ability to take a student into custody for
truancy
 A school district shall adopt truancy prevention plan and employ/designate
a truancy prevention facilitator
 A district must offer additional counseling and may not refer a student to
truancy court if the truancy is the result of pregnancy, being in the state
foster program, homelessness, or being the student’s family’s principal
income earner.
 Truant conduct may only be prosecuted as a civil case
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SCHOOL CHOICE &
CHARTER SCHOOLS
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HB 1170
CHARTERS MORE LIKE DISTRICTS
 Allows charter schools to function under various additional
state laws as a political subdivision or local government,
including:
 entering into interlocal agreements
 providing self-insurance
 participating in interlocal agreements to provide uniform group benefits
 providing workers compensation benefits
 Unclear how this interacts with requirements for participation
in the TRS-ActiveCare program
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HB 1171
CHARTERS MORE LIKE DISTRICTS
 Extends immunity protections in Education Code to charter
holders (former law only protects the charter school itself
and its employees)
 Defines charter school to be a local government for purposes
of tort claims
 Extends the classification of charters as local governments for
acquisition to purchase real or personal property through
lease-purchase and other contractual arrangements
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SB 955
UNIVERSITY CHARTERS IN ANY COUNTY
 Allows the commissioner to grant a public senior college or
university a charter for charter school to operate in any Texas
county rather than the same county in which the college or
university campus is located
 Commissioner shall consider the locations of existing open-
enrollment charter schools to avoid duplication of services in
the proposed area and the need of the community in the
proposed area for an additional charter school
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STATE GOVERNMENT
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SB 455
THREE-JUDGE DISTRICT COURT
 Allows the attorney general to petition the chief justice of the
supreme court to convene a special three-judge district court
in certain suits in which the state is a defendant in a claim that
challenges:
 the finances or operations of the public school system; or
 involves the apportionment of districts for the house, the senate,
the State Board of Education, or the U.S. Congress, or state
judicial districts
 Any appeal is automatic to the supreme court
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HB 3123
TEA SUNSET
 Extends the sunset date (and therefore life) of
the Texas Education Agency to September 1,
2025
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HB 2354
MAY ELECTIONS
 Changes the May uniform election date to the
first Saturday in May rather than the second
Saturday
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NOW WHAT?
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TEXAS SUPREME COURT
 Possible to remand back to District Court (though unlikely)
 Arguments before Texas Supreme Court this fall
 Ruling expected in spring (maybe summer) 2016
 If plaintiffs prevail, possible special session in summer of
2016, or could wait for 2017 (Governor Abbott said no
special sessions)
 Legislature’s response?
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THE ASATR CLIFF
 ASATR is set to expire September 1, 2017
 For the almost 200 districts expected to still rely
on that funding, the loss could be devastating
 We know legislators rarely do anything unless there
is a crisis to address…in 2017 ASATR rises to the
level of a true crisis for many districts
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LESSONS FROM 2015
We have to focus on bringing the bottom
up, rather than tearing the top down.
In a state as large and
diverse as Texas, we must
make the concept of outliers
acceptable.
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LESSONS FROM 2015
We have to work together.
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