Bill of the Day: Senate Bill 440 Would Take Away All Authority of the State Board of Education Except Oversight of the Permanent School Fund

Today's Bill of the Day is Senate Bill 440 filed on January 9, 2009, by Senator Rodney Ellis (D-Houston).  Senate Bill 440 would take away all functions of the State Board of Education currently in legislation, and would limit the State Board's functions only to those included in the State Constitution.  The effect of this Bill would be to eliminate all functions of the State Board except oversight of the Permanent School Fund.

Under the Bill, the functions of the State Board, including textbook adoption and establishment of curriculum standards, would be transferred to the Texas Education Agency.

The full text of the bill is below after the jump.

	81R3504 CAS-D
	By: Ellis	S.B. No. 440

	A BILL TO BE ENTITLED
	AN ACT
	relating to transferring the statutorily assigned functions and
	activities of the State Board of Education to the Texas Education
	Agency.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 7.102(a) and (d), Education Code, are
	amended to read as follows:
	(a)  The board may perform, as provided by this code, only
	those duties [relating to school districts or regional education
	service centers] assigned to the board by the constitution of this
	state [or by this subchapter or another provision of this code].
	(d)  The board may adopt rules [relating to school districts
	or regional education service centers] only as required to carry
	out the specific duties assigned to the board by the constitution
	[or under Subsection (c)].
	SECTION 2.  Sections 7.108(a) and (c), Education Code, are
	amended to read as follows:
	(a)  A person interested in selling bonds of any type [or a
	person engaged in manufacturing, shipping, selling, or advertising
	textbooks or otherwise connected with the textbook business]
	commits an offense if the person makes or authorizes a political
	contribution to or takes part in, directly or indirectly, the
	campaign of any person seeking election to or serving on the board.
	(c)  In this section, "political[:
	[(1)  "Political] contribution" has the meaning
	assigned by Section 251.001, Election Code.
	[(2)     "Textbook" has the meaning assigned by Section
	31.002.]
	SECTION 3.  Section 7.109, Education Code, is transferred to
	Subchapter B, Chapter 7, Education Code, renumbered as Section
	7.034, Education Code, and amended to read as follows:
	Sec. 7.034  [7.109].  DESIGNATION AS STATE BOARD FOR CAREER
	AND TECHNOLOGY EDUCATION. (a)  The agency [board] is also the
	State Board for Career and Technology Education.
	(b)  The commissioner is the executive officer through whom
	the State Board for Career and Technology Education shall carry out
	its policies and enforce its rules.
	(c)  The State Board for Career and Technology Education may
	contract with the Texas Higher Education Coordinating Board or any
	other state agency to assume the leadership role and administrative
	responsibility of the State Board for Career and Technology
	Education for state level administration of technical-vocational
	education programs in public community colleges, public technical
	institutes, and other eligible public postsecondary institutions
	in this state.
	(d)  The State Board for Career and Technology Education may
	allocate funds appropriated to the board by the legislature or
	federal funds received by the board under the Carl D. Perkins Career
	and Technical [Vocational] Education Act of 2006 (20 U.S.C. Section
	2301 et seq.) or other federal law to an institution or program
	approved by the agency [State Board of Education], the Texas Higher
	Education Coordinating Board, or another state agency specified by
	law.
	SECTION 4.  Section 7.111, Education Code, is transferred to
	Subchapter B, Chapter 7, Education Code, renumbered as Section
	7.035, Education Code, and amended to read as follows:
	Sec. 7.035  [7.111].  HIGH SCHOOL EQUIVALENCY EXAMINATIONS.
	(a)  The agency [board] shall provide for the administration of
	high school equivalency examinations, including administration by
	the adjutant general's department for students described by
	Subdivision (2)(C).  A person who does not have a high school
	diploma may take the examination in accordance with rules adopted
	by the commissioner [board] if the person is:
	(1)  over 17 years of age;
	(2)  16 years of age or older and:
	(A)  is enrolled in a Job Corps training program
	under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
	et seq.)[, and its subsequent amendment];
	(B)  a public agency providing supervision of the
	person or having custody of the person under a court order
	recommends that the person take the examination; or
	(C)  is enrolled in the adjutant general's
	department's Seaborne ChalleNGe Corps; or
	(3)  required to take the examination under a justice
	or municipal court order issued under Article 45.054(a)(1)(C), Code
	of Criminal Procedure.
	(b)  The commissioner [board] by rule shall establish and
	require payment of a fee as a condition to the issuance of a high
	school equivalency certificate and a copy of the scores of the
	examinations. The fee must be reasonable and designed to cover the
	administrative costs of issuing the certificate and a copy of the
	scores. The agency [board] may not require a waiting period between
	the date a person withdraws from school and the date the person
	takes the examination unless the period relates to the time between
	administrations of the examination.
	SECTION 5.  Section 7.112, Education Code, is amended by
	adding Subsection (d) to read as follows:
	(d)  This section expires January 31, 2012.
	SECTION 6.  Section 7.113, Education Code, is transferred to
	Subchapter B, Chapter 7, Education Code, renumbered as Section
	7.036, Education Code, and amended to read as follows:
	Sec. 7.036  [7.113].  EMPLOYERS FOR EDUCATION EXCELLENCE
	AWARD. (a)  The agency [board] shall create the Employers for
	Education Excellence Award to honor employers that implement a
	policy to encourage and support employees who actively participate
	in activities of schools.
	(b)  An employer that meets the criteria described by this
	section may apply for consideration to receive the award.
	(c)  The agency [board] shall establish the following levels
	of recognition for employers:
	(1)  bronze for an employer that implements a policy to
	encourage and support employees who attend parent-teacher
	conferences;
	(2)  silver for an employer that:
	(A)  meets the requirements of bronze; and
	(B)  implements a policy to encourage and support
	employees who volunteer in school activities; and
	(3)  gold for an employer that:
	(A)  meets the requirements of silver; and
	(B)  implements a policy to encourage and support
	employees who participate in student mentoring programs in schools.
	(d)  The commissioner [board] shall establish criteria to
	certify businesses to receive the Employers for Education
	Excellence Award at the appropriate level of recognition.  The
	commissioner shall review the applications submitted by employers
	under Subsection (b) and select [make recommendations to the board
	regarding] businesses that should be recognized and the level at
	which a business should be recognized.  [The board may approve or
	modify the commissioner's recommendation.]
	(e)  The agency [board] shall honor the recipient of an
	Employers for Education Excellence Award by presenting the
	recipient with a suitable certificate that includes the business's
	level of recognition and other appropriate information.
	SECTION 7.  Section 11.351, Education Code, is amended to
	read as follows:
	Sec. 11.351.  AUTHORITY TO ESTABLISH SPECIAL-PURPOSE SCHOOL
	DISTRICT. (a)  On the recommendation of the commissioner and after
	consulting with the school districts involved and obtaining the
	approval of a majority of those districts in each affected county in
	which a proposed school district is located, the agency [State
	Board of Education] may establish a special-purpose school district
	for the education of students in special situations whose
	educational needs are not adequately met by regular school
	districts. The agency [board] may impose duties or limitations on
	the school district as necessary for the special purpose of the
	district. The agency [board] shall exercise the powers as provided
	by this section relating to the districts established under this
	section.
	(b)  The agency [State Board of Education] shall grant to the
	districts the right to share in the available school fund
	apportionment and other privileges as are granted to independent
	and common school districts.
	SECTION 8.  Section 12.012(a), Education Code, is amended to
	read as follows:
	(a)  A home-rule school district is subject to federal and
	state laws and rules governing school districts, except that a
	home-rule school district is subject to:
	(1)  this code only to the extent that the
	applicability to a home-rule school district of a provision of this
	code is specifically provided;
	(2)  a rule adopted under this code by the [State Board
	of Education or the] commissioner only if the code provision
	authorizing the rule specifically applies to a home-rule school
	district; and
	(3)  all requirements of federal law and applicable
	court orders relating to eligibility for and the provision of
	special education and bilingual programs.
	SECTION 9.  Section 12.112, Education Code, is amended to
	read as follows:
	Sec. 12.112.  FORM.  A charter for an open-enrollment
	charter school shall be in the form of a written contract signed by
	the commissioner [chair of the State Board of Education] and the
	chief operating officer of the school.
	SECTION 10.  Section 21.042, Education Code, is amended to
	read as follows:
	Sec. 21.042.  APPROVAL OF RULES.  The State Board for
	Educator Certification must submit a written copy of each rule it
	proposes to adopt to the commissioner [State Board of Education for
	review]. The commissioner [State Board of Education] may reject a
	proposed rule [by a vote of at least two-thirds of the members of
	the board present and voting]. If the commissioner [State Board of
	Education] fails to reject a proposal before the 90th day after the
	date on which the commissioner [it] receives the proposal, the
	proposal takes effect as a rule of the State Board for Educator
	Certification as provided by Chapter 2001, Government Code. The
	commissioner [State Board of Education] may not modify a rule
	proposed by the State Board for Educator Certification.
	SECTION 11.  Section 29.909(d), Education Code, is amended
	to read as follows:
	(d)  A school district seeking to participate in the program
	must submit a written application to the commissioner not later
	than July 1 preceding the school year the district proposes to begin
	participation in the program, or an earlier date set by the
	commissioner. The application must include:
	(1)  a proposed budget for the program;
	(2)  a method to be used to verify student attendance;
	(3)  any requested waiver of a requirement,
	restriction, or prohibition imposed by this code or by a rule of the
	[State Board of Education or the] commissioner, and the period for
	which any requested waiver is proposed to be in effect; and
	(4)  the information required under Subsection (f).
	SECTION 12.  Section 31.003, Education Code, is amended to
	read as follows:
	Sec. 31.003.  RULES. The commissioner [State Board of
	Education] may adopt rules, consistent with this chapter, for the
	adoption, requisition, distribution, care, use, and disposal of
	textbooks.
	SECTION 13.  Section 31.021(b), Education Code, is amended
	to read as follows:
	(b)  The State Board of Education shall annually set aside
	out of the available school fund of the state an amount sufficient
	for the agency [board], school districts, and open-enrollment
	charter schools to purchase and distribute the necessary textbooks
	for the use of the students of this state for the following school
	year. The board shall determine the amount of the available school
	fund to set aside for the state textbook fund based on:
	(1)  a report by the commissioner issued on July 1 or,
	if that date is a Saturday or Sunday, on the following Monday,
	stating the amount of unobligated money in the fund;
	(2)  the commissioner's estimate, based on textbooks
	selected under Section 31.101 and on attendance reports submitted
	under Section 31.103 by school districts and open-enrollment
	charter schools, of the amount of funds, in addition to funds
	reported under Subdivision (1), that will be necessary for purchase
	and distribution of textbooks for the following school year; and
	(3)  any amount the board determines should be set
	aside for emergency purposes caused by unexpected increases in
	attendance.
	SECTION 14.  Section 31.022, Education Code, is amended to
	read as follows:
	Sec. 31.022.  TEXTBOOK REVIEW AND ADOPTION. (a)  The agency
	[State Board of Education] shall adopt a review and adoption cycle
	for textbooks for elementary grade levels, including
	prekindergarten, and secondary grade levels, for each subject in
	the required curriculum under Section 28.002.
	(b)  The agency [board] shall organize the cycle for subjects
	in the foundation curriculum so that not more than one-sixth of the
	textbooks for subjects in the foundation curriculum are reviewed
	each year. The commissioner [board] shall adopt rules to provide
	for a full and complete investigation of textbooks for each subject
	in the foundation curriculum at least every six years. The adoption
	of textbooks for a subject in the foundation curriculum may be
	extended beyond the six-year period only if the content of
	textbooks for a subject is sufficiently current.
	(c)  The commissioner [board] shall adopt rules to provide
	for a full and complete investigation of textbooks for each subject
	in the enrichment curriculum on a cycle the agency [board]
	considers appropriate.
	(d)  At least 24 months before the beginning of the school
	year for which textbooks for a particular subject and grade level
	will be purchased under the review and adoption cycle adopted by the
	agency [board], the agency [board] shall publish notice of the
	review and adoption cycle for those textbooks.
	(e)  The agency [board] shall designate a request for
	production of textbooks in a subject area and grade level by the
	school year in which the textbooks are intended to be made available
	in classrooms and not by the school year in which the agency [board]
	makes the request for production.
	SECTION 15.  Section 31.0221(a), Education Code, is amended
	to read as follows:
	(a)  The commissioner [State Board of Education] shall adopt
	rules for the midcycle review and adoption of a textbook for a
	subject for which textbooks are not currently under review by the
	agency [board] under Section 31.022.  The rules must require:
	(1)  the publisher of the textbook to pay a fee to the
	agency [board] to cover the cost of the midcycle review and adoption
	of the textbook;
	(2)  the publisher of the textbook to enter into a
	contract with the agency [board] concerning the textbook for a term
	that ends at the same time as any contract entered into by the
	agency [board] for another textbook for the same subject and grade
	level; and
	(3)  a commitment from the publisher to provide the
	textbook to school districts in the manner specified by the
	publisher, which may include:
	(A)  providing the textbook to any district in a
	regional education service center area identified by the publisher;
	or
	(B)  providing a certain maximum number of
	textbooks specified by the publisher.
	SECTION 16.  Section 31.0222, Education Code, is amended to
	read as follows:
	Sec. 31.0222.  BUDGET-BALANCED CYCLE.  In determining the
	review and adoption cycle of textbooks under Section 31.022, the
	agency [State Board of Education] shall:
	(1)  consult with the Legislative Budget Board and the
	governor's office of budget, planning, and policy before approving
	and publishing any notice or amendment of a cycle;
	(2)  review and consider:
	(A)  historic average funding levels for
	textbooks purchased in previous bienniums;
	(B)  expected average costs of future textbook
	purchases;
	(C)  anticipated student enrollment in future
	years;
	(D)  scheduled revisions to curriculum; and
	(E)  the impact on the state budget of the
	adoption of textbooks in all or some grade levels in a subject area;
	and
	(3)  limit the cycle to subject areas for which
	textbooks can be purchased with the funding anticipated to be
	available in the state textbook fund for the school year in which
	the textbooks are to be adopted.
	SECTION 17.  Section 31.023(a), Education Code, is amended
	to read as follows:
	(a)  For each subject and grade level, the agency [State
	Board of Education] shall adopt two lists of textbooks.  The
	conforming list includes each textbook submitted for the subject
	and grade level that meets applicable physical specifications
	adopted by the agency [State Board of Education] and contains
	material covering each element of the essential knowledge and
	skills of the subject and grade level in the student version of the
	textbook, as well as in the teacher version of the textbook, as
	determined by the agency [State Board of Education] under Section
	28.002 and adopted under Section 31.024.  The nonconforming list
	includes each textbook submitted for the subject and grade level
	that:
	(1)  meets applicable physical specifications adopted
	by the agency [State Board of Education];
	(2)  contains material covering at least half, but not

Comments

[Melissa]

I don't think he's trying to make it more sympathetic to Democrats, I think he is just trying to reduce the politicization of the board. These days, the SBOE spends very little time getting things done and lots of time fighting culture wars. The TEA is more neutral.

[JJ]

Rodney Ellis doesn't like the demographic and political makeup of the SBOE so he's trying to strip them of all of their powers and transfer those powers to a state agency that is presumably more sympathetic to Democratic viewpoints and causes. This is more dangerous than it appears.

[kimmy]

I'm not sure I trust TEA any more than SBOE.... unless things change.