New Legislation From the 79 th Legislative Session

1. New Legislation From the 79th Legislative Session By Beverly Rickhoff Escamilla & Poneck, Inc.

2. Personnel Laws

3. SB 143 – Active Duty Military • Change to the Texas Education Code • Allows an extension for a state or federal reservist holding a certificate or permit from continuing education requirements while on active duty • Also exempts certified principals serving on active military duty from participating in assessment or professional growth activities every five years

4. SB 387 – Personnel Transfers • Relates to intradistrict transfers • Adds an option for a personnel policy to include a provision to provide current district employees opp’y to transfer within the district • Chapter 21 certificate holders • Reasonable opp’y and 10 school days notice of open positions

5. More SB 387… • Bulletin board in central and campus offices • Also District website • Prior to position being filled • Exception for position affecting safety and security of students • Procedure in place for filling vacancy in less than 10 school days

6. HB 407 – Health Coverage for School District Employees • Adds language to the Insurance Code • Election of coverage for employee spouses • Can be treated as an employee or as a dependent • Rules regarding coverage election must still be created

7. SB 51 – Preferred Provider Benefit Plan • Another change to the Insurance Code • District required to pay for premium if notification is not made to policyholder • School district should be careful to notify group policyholder when an employee ceases working for the district • Former employee remains covered until the end of the month in which the policyholder was notified

8. SB 1448 – Pre-existing Condition Requirements • Clarifies that all of the limitations regarding the treatment of pre-existing conditions apply to school district employees • Good for employees • Effective for the 2005-2006 school year

9. HB 3169 – Teacher Retirement System of Texas • Repeals the opportunity to purchase up to 3 years of membership credit in the teacher retirement system

10. SB 1691 – Teacher Retirement System • Many significant changes to school districts • Need to have primary employment as a bus driver to circumvent retire/rehire in this area • Districts prohibited from giving employees incentives to retire (monetary or otherwise) • Penalties charged for failure to remit contributions to the Texas school employees uniform group coverage trust fund

11. Student Discipline Laws

12. HB 1687 – JJAEP • Prohibits required fees for JJAEP attendance • Parents or students may not be required to pay such a fee • Includes entrance fees

13. HB 283 -- Bullying • Requires transfer of student who is victim of bullying • Also allows attendance of student not residing in district boundaries but whose grandparent resides within district IF: grandparent provides a substantial amount of after-school care for the person as determined by the board

14. HB 283 – Bullying • Parent must request transfer of victim • Person with authority to act on student’s behalf may also make the request • “Bullying” is defined • Limitations on transfer • Board of trustees must verify that bullying did occur

15. HB 283 continued… • Transportation not required • Past behavior of student bully is specifically as consideration to decision as to whether bullying did occur • Transfer hearings and appeal set forth in state statute do not apply to these transfers • Additional requirements set forth in Student Code of Conduct

16. HB 283 • SCOC must prohibit bullying, harassment and making hit lists • Also requires assurances that district employees are enforcing these prohibitions and must include options for student management,discipline, and prevention and intervention • Reiterates federal law regarding special education students

17. New definitions • Harassment – • Hit List – • Also requires discipline management program to provide for the prevention of and education concerning unwanted physical or verbal aggression, sexual harassment, and other forms of bullying in school, on school grounds, and in school vehicles

18. HB 308 • Allows same type of transfer for victim of sexual assault • If victim does not wish to transfer – requires that the perpetrator be transferred • Conviction or deferred adjudication is required • Regardless of where conduct occurred

19. HB 308 • Again – transfer hearing and appeals do not apply • No transportation required • Perpetrator must be placed in DAEP or JJAEP in the event that student victim does not wish to transfer • No limitations on length of placement apply

20. HB 603 – Student Code of Conduct • Numerous changes • SCOC must specify whether consideration will be given to self-defense (already in law), but also: • Intent or lack of intent at the time the student engaged in the conduct; • Student’s disciplinary history; or • Disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct

21. More on HB 603 • No required minimum term on DAEP or JJAEP placement – still follow federal Gun Free Act (but remember that sup or designee can reduce a one year expulsion term under federal law) • Amends TEC 37.002(d) to state that if a student assaults a teacher, the student may not be returned to the teacher’s class without that teacher’s permission (no coercion allowed!)

22. More HB 603 • Adds subsections Chapter 37 – educators must be informed by principal of any student who has committed a violation listed in 37.006. • Educators who: • Have responsibility for student • Student will be under the educator’s direction and supervision

23. HB 603 • Required confidentiality • Sanctions for intentional violations • Also required notifications for Article 15.27 information and information regarding student transfers whose DAEP placement in former district has not expired

24. Special Education Laws

25. SB 188 • If district request visual impairment assessment from Texas School for the Blind, the school can perform the assessment and charge a reasonable fee • Educational need or related services

26. Extracurricular Organizations and Activities Laws

27. SB 658 – UIL Prohibitions • Requires State Board of Education to prohibit participation in UIL competition during the week of TAKS testing • No exemptions allowed • Some concessions for situation in which testing in completed earlier • Retake dates do not affect competition schedule

28. For School Counselors…

29. HB 2109 – • Significantly changes the requirements for early high school graduation

30. SB 30 • Requires the State Board of Education to establish a pilot program under which participating institutions of higher education award incentives to students who contract to graduate from the institution in a timely manner • Also must fulfill other terms of the agreement • Only first year college students may apply

31. SB 1146 • Requires an early college education program for at-risk students to provide for courses of combined high school and college level courses for grades 9-12 • Also allows a participating student who receives a high school diploma on or before the 5th anniversary of the date of the student’s 1st day of high school to also earn an associates degree or at least 60 semester credit hours toward graduation.

32. SB 111 • Allows commissioner of education to develop a standard method of computing grade point average • Provides for weighted grades for higher level classes • If such a standard is developed – new law requires districts to use that method • Applicable to entering 9th graders for 2007-2008 school year

33. SB 151 – Concurrent Enrollment • Establishes a pilot program in which tuition and mandatory fees will be waived for certain students who are enrolled in dual credit courses • Student must be “educationally disadvantaged” as defined by state law • Free textbooks

34. SB 11 – Multi-hazard Emergency Operations Plan • Requires each school district to adopt and implement a multi-hazard emergency operations plan • Plan must address mitigation, preparedness, response, and recovery • Requires districts to conduct security audits once every three years and present the results to the board of trustees

35. HB 984 – Care of Students With Diabetes • Requires a diabetes management and treatment plan for each student with diabetes who seeks care for the diabetes while the student is at school • Plan must be developed by parent or guardian and physician • Must ID health care services that the student may receive at school • Must evaluate student’s ability to manage the diabetes and the student’s level of understanding of the diabetes

36. More on new diabetes care legislation… • School must review plan within designated deadlines • Individualized health plan must be developed by principal, one or more teachers and school nurse • School employee who is not a health care provider must be designated as an “unlicensed diabetes care assistant” for each campus with at least one student with diabetes • Employees who provide transportation to students with diabetes must also receive certain information

37. HB 25 - • Requires TEA to develop systems to assist with transfer of education records of military dependents • Again, requires admission into district if person does not reside in district,but grandparent who provides substantial after school care does reside in district • Requires records transfer within 10 working days after request is made

38. HB 492 • Requires instruction in “personal finance literacy” • Economics classes • Beginning with the 2006-2007 school year

39. SB 851 • Requires TEA to establish and implement a financial literacy pilot program • To teach students in participating districts to be self-supporting adults • Required components are set forth in law and include avoidance and elimination of credit card debt • “To the extent funding is available”

40. HB 3468 • Allows commissioner of education to establish a pilot program in which intensive reading and language intervention is provided to participating students. • Campuses that have failed to improve student reading performance to be selected as participants • Campus principal in consultation with classroom teachers to select participating students

41. SB 42 • Requirement that enriched health curriculum have an emphasis on proper nutrition and exercise • Extends daily physical activity requirement to students in middle and junior high school • Credit for private league or club participation or extracurricular activities is allowed under certain circumstances

42. Other Laws

43. HB 67 – Creates Women’s Independence Day • SB 256 – Requires specific FERPA information to be provided to parents • SB 23 – Subsidizes childcare • HB 1058 – Allows Vietnam War Veterans opp’y to receive diploma

44. The End