tasb post-legislative conference governmental relations division texas association of school boards

TASB Post-Legislative Conference

Governmental Relations DivisionTexas Association of School Boards

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Accountability, Governance and Liability

Jackie LainAssociate Executive DirectorTASB Governmental Relations

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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

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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

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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

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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 promotedo If promoted, must have “highly qualified teachers”

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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

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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

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HB 3 (Eissler/Shapiro) Two-Tiered Accreditation System

District Accreditation

• Ratings: “Accredited,” “Accredited-Warned,” “Accredited-Probation”

Tier One: Accountability

• Campus Accountability based on Academic Performance

• District Accountability based on Academic and Financial Performance

• Ratings: “Acceptable”/ “Unacceptable”

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Appropriations, School Finance, Taxes & Personnel

Dominic GiarrataniAssistant Director

TASB Governmental Relations

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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

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

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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

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• 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

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• Riders of Interest:

– Intent on Proclamations 2011 and 2012

– Prohibition on vouchers

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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

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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

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• 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

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• 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

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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

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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)

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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)

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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)

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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)

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School District Operations, Elections and Higher Education

Ruben LongoriaAssistant Director


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HIGHER EDUCATION

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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

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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

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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

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PUBLIC INFORMATION ACT

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 month45

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

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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

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ELECTIONS

ANDPOLITICAL ADVERTISEMENTS

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

technicians49

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

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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

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DISASTER PREPAREDNESS

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

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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

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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

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SCHOOL DISTRICT OPERATIONS

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

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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 centers58

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

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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

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Student Issues

Julie ShieldsAssistant Director


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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 students

• Dropout prevention and post-secondary readiness

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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

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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

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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

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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

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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

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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)

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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 SBOE-

adopted textbooks and certification that TEKS are covered in foundation curriculum materials

• Includes flexibility and local control

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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

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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

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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)

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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)

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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)

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2009 Post-Legislative Seminar – Fort WorthContinuing 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.

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tasb post-legislative conference governmental relations division texas association of school boards

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