Texas Legislative Update 2011 82 nd Leg. Session

1. Escamilla, Poneck & Cruz L.L.P. Texas Legislative Update 201182nd Leg. Session

2. Agenda • Legislative Statistics • Senate/House Budget (HB 1) Comparison • Public Education Spending Comparison • Redistricting • Review Legislation Impacting Schools • Dates of Interest

3. Leg. Stats: Bills Filed/Passed

4. State Budget

5. Public Ed Spending Side by Side

6. School Finance – Quick Glance SB 22 - Sen. Shapiro’s bill does the following: Cuts $4 billion from public education Hybrid funding model “Share the pain” plan Eliminates target revenue by 2016-17 Reduces the regular education allotment by 1.5% Repeals $500 teacher supplement from 2006 HB 2485 – Rep. Hochberg’s bill does the following: Eliminates target revenue & puts all ISD on formula (promotes equity) Reduces the funding weight for career/tech Increases state comp & bilingual weights by 10% Eliminates High School Allotment Educators’ salaries must equal amount paid in 2010-11, unless amount of total state & local funding for all districts is less than amount calculated for 2010-11

7. School Finance – Rep. Hochberg Projected Reduction or Increase in State Aid under HB 2485

8. REDISTRICTING • Four types of Redistricting • Texas Senate • Texas House • Texas State Board of Education • U.S. Congressional Districts for Texas • If cannot agree, Legislative Redistricting Board (Lt. Gov., Speaker, Atty. General, Comptroller, Land Commissioner – all Republicans) will draw map by Aug. 2011 • Maps have to be approved by U.S. Dept. of Justice (Democrat-controlled) by Fall 2011

9. HB 150 – Redistricting bill • Current Texas population – 25,145,561 • 4.3 million more Texans since 2000 • Hispanics represent 2/3 growth since 2000 • Hispanic lawmakers asked for 5 new state representative seats to reflect growth • HB 150 provided 1 new state rep seat where 50% of registered voters have Hispanic surname • HB 150 heads to the Senate for consideration

10. Proposed Legislation for 82nd Leg. Session

11. Administration & Governance • SB 208 – Districts must give public notice of finalist(s) for Supt position and provide a public forum. • SB 89 – If ISD has 50% free/reduced pop, then must offer nutrition program 30 weekdays in summer. • SB 127 – Abolishes cap on charters, SBOE can grant 10 each year. • SB 226 – ISD must report Fitnessgram results to TEA without SSN or DOB. • SB 391 – Publishers are required to send electronic copy of sample textbooks to ISDs.

12. Assessment & Accountability • SB 140 – Students in K-12 must attend class 90% to earn a grade. No more pull outs from fine arts classes for remediation. • HB 1703 – Statewide tests may not be held on uniform election days. • HB 2135 – 5th and 8th graders are exempt from state assessment if enrolled in a course for high school credit or has an EOC test. • SB 596 – Transition planning for a special ed student will begin no later than age 14, not 16.

13. Curriculum & Programs • SB 597 – Extends PSF guarantee to charter school bonds. • SB 764 – ISDs are prohibited from using bonds/taxes to build hotels (Sorry, Beaumont ISD). • SB 1094 – Requires SBOE to provide online the GED exam. • SB 1788 – Requires TEA to develop a model, uniform IEP form (similar to federal form) for ISDs . • HB 6 – Establishes new instructional materials allotment (combining tech allotment & textbook funds), giving ISDs flexibility to meet TEKS.

14. Personnel • HB 135 - Before a district can hire a teacher of record, candidate must have 15 hours of field experience. • HB 1334 - A certificate is not expired if the employee has completed the requirements before SBEC takes action. • SB 155 – School employees who resign will be covered through summer and up to Sept. 1, which will align with district’s medical plan year. • SB 79 - Prohibits grade inflation, expands prohibition on min. grade to include cumulative and final grades.

15. Personnel • SB 4 – Creates a probat. cert., provisional cert., standard cert., mid-management cert. and est. use of student scores in evaluations. • SB 12 – Requires ISDs to furlough & reduce salaries by amount of reduction in state aid BEFORE reduction in force (RIF) used. • HB 400 – Allows ISDs to furlough & reduce salaries with no strings tied to RIF; relax class-size K-4 mandate. • HB 2380 – Allows ISDs to give a probationary contract when an employee is in a new position.

16. Student Discipline • HB 734 – Truancy cases may be prosecuted in constitutional county court (applies to Bexar) • HB 968 – Expands expulsion to acts within 300 feet of school. • SB 217 - Adds to the expulsion list if a student knowingly breaches district computer network. • SB 718 - DAEP students may be expelled for “serious” misbehavior that violates SCOC; eliminates “trivial “expulsions.

17. Other Bills of Interest • HB 3790 – Sales tax holiday on school supplies, etc. could be suspended (and save the state $110M) • HB 127 – Prohibits sugary drinks sold at schools, only 1% milk, water, and 100% fruit juice.

18. To recap… • Has the legislature passed a budget bill ? No • Has the legislature passed a school finance bill ? No • Has the legislature decided to use the Rainy Day Fund ? No • Has the legislature decided to raise taxes, close tax loopholes to make up the $23 billion revenue shortfall? No • Has the legislature passed a redistricting map yet? No • Will there be a special session to resolve these issues? Maybe

19. Dates of Interest • Monday, May 30, 2011(140th day) Last day of 82nd Regular Session; • Sunday, June 19, 2011(20th day after session ends) Last day Gov. can sign or veto bills passed during theregular legislative session • Monday, August 29, 2011(91st day after last day) Date that bills without specific effective dates, which could not be effective immediately, become law

20. The End mdeleon@epc-law.com 512.415.9610(cell phone)