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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).

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TASB Post-Legislative Conference

Governmental Relations Division

Texas 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:

  • District must offer Accelerated Instruction (AI)

  • 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”

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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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TASB Post-Legislative Conference

Governmental Relations Division

Texas Association of School Boards

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Appropriations, School Finance, Taxes & Personnel

Dominic GiarrataniAssistant DirectorTASB 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

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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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SB 1 (Ogden/Pitts) General Appropriations Act

  • 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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SB 1 (Ogden/Pitts) General Appropriations Act

  • 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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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

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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

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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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  • 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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TASB Post-Legislative Conference

Governmental Relations Division

Texas Association of School Boards

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School District Operations, Elections and Higher Education

Ruben LongoriaAssistant DirectorTASB Governmental Relations

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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

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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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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 month

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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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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 technicians

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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 Funds for Political Ads (pg.8)

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HB 4102 (Eiland/Carona) (pg. 47) Funds for Political Ads (pg.8)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) Funds for Political Ads (pg.8)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) Funds for Political Ads (pg.8)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 Funds for Political Ads (pg.8)

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HB 987 (Creighton/West) Funds for Political Ads (pg.8)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) Funds for Political Ads (pg.8)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 centers

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SB 300 (Patrick, Dan/Shelton) Funds for Political Ads (pg.8)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) Funds for Political Ads (pg.8)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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TASB Post-Legislative Conference Funds for Political Ads (pg.8)

Governmental Relations Division

Texas Association of School Boards

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Student Issues Funds for Political Ads (pg.8)

Julie ShieldsAssistant DirectorTASB Governmental Relations

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HB 130 (Patrick, Di./Zaffirini) Funds for Political Ads (pg.8)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

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HB 2263 (Eissler/Shapiro) Funds for Political Ads (pg.8)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) Funds for Political Ads (pg.8)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) Funds for Political Ads (pg.8)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) Funds for Political Ads (pg.8)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) Funds for Political Ads (pg.8)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) Funds for Political Ads (pg.8)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 Funds for Political Ads (pg.8)

  • 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) Instructional Materials (pg. 36)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) Instructional Materials (pg. 36)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 Instructional Materials (pg. 36)

  • 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 Instructional Materials (pg. 36)

  • 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 Instructional Materials (pg. 36)

  • 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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TASB Post-Legislative Conference Instructional Materials (pg. 36)

Governmental Relations Division

Texas Association of School Boards

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2009 Post-Legislative Seminar – Fort Worth Instructional Materials (pg. 36)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 3training 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 orTier 3 training.