Legislative Blog

J.B. Williams, J.D.

13 bills affecting the Education Act

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 473 - A parent is permitted to participate when their child is being assessed.

HB 699 - Non-enrolled students are included in calculating student enrollment.

HB 1002 - A concussion oversight team needs to be established to ensure students are removed from athletics when necessary.

HB 1114 - It added the part of Waller Independent School District that is located within Harris County.

HB 1212 - A parent's note is acceptable for a religious holiday to be treated as an excused absence.

HB 1225 - Up to3% of the students per district may be administered assessments via paper upon a timely request being made.

HB 1361 - Students in higher education that are parents must receive information regarding support programs, and the overall data must be provided to the coordinating board.

HB 1416 - Encompasses rules for students not meeting satisfactory performance on assessments, and how the additional teaching will be handled.

HB 1590 - Leadership and Research scholarships for the economically disadvantaged.

HB 1707 - Open enrollment charter school treated as school district for multiple purposes.

HB 1794 - Repeals Section 76.026 of the Education Code.

HB 1883 - Modifying the calendar or providing alternate days for assessment due to religious holy days.

HB 1959 - A peace office may request transfer of their child in a public school district.

13 bills affecting the Education Act

Published: 2024-02-26

HB 473

Threat assessment of student conduct

Before a threat assessment can be done, a parent or parental guardian needs to be notified. The parent or parental guardian may:

1. participate in the assessment and
2. submit information regarding the student

The findings of the threat assessment shall be provided to the parent or parental guardian.

HB 699

Interscholastic League activities

Calculations for Interscholastic league activities needs to allow for student enrollment numbers that include non-enrolled students that are permitted to participate.

HB1002

Public school concussion oversight team

A school district may include any person licensed under Chapter 201 or 453 of the Occupations Code on the concussion oversight team. They must meet training requirements as well.

HB 1114

Service area of Blinn Junior College District

This bill mostly cleaned up language in the existing code to include things like the word County and capitalized Independent School Districts. And it expanded the area to include the part of Waller Independent School District that is within Harris County.

HB 1212

Excused absences from public school for religious holidays

A school district may not require documentation from a clergy member or other religious leader for a religious holiday absence to be considered excused. A not from the student's parent or parental guardian shall be acceptable.

HB 1225

Administering required assessments in paper format

A parent, parental guardian, or teacher may request that an assessment be given in paper format. The request must be made by September 15 for the fall administration and by December 1 for the spring administration. The school may administer up to 3% of the students in paper format. If more than 3% are requested, then the determination will be made on a first come, first serve basis. This limit does not apply to those for which the paper format is determined to be necessary.

HB 1361

Liaison officers for certain students at public institutes of higher education

The institute of higher education must have at least 1 liaison officer for the current or incoming students who are the parent or guardian of a child under the age of 18. They shall provide the individual with information on support services and other resources, including:

1. resources to access for
   • medical and behavioral health coverage;
   • public benefits programs, including programs for food security, affordable housing, and housing subsidies;
2. parenting and child care resources
3. employment assistance;
4. transportation assistance;
5. student academic success strategies; and
6. other resources developed by the institution.

No later than May 1 of each year, the institution of higher education shall submit to the coordinating board a report that contains the following information for the students enrolled who are the parent or guardian of a child under the age of 18:

1. number of those students;
2. demographic data, including age, race, sex, and ethnicity;
3. academic data, including full-time or part-time enrollment, graduation status, transfer and withdrawal rates; and
4. other data the board requests

HB 1416

Accelerated instruction for students who fail satisfactory performance on assessments

To ensure at least satisfactory performance on assessments, a school district shall ensure curricular and instructional systems provide instruction to all students that:

1. are aligned with the essential knowledge and skills for the subject area and grade level; and
2. strategically and timely address deficiencies in the prerequisite knowledge and skills for the subject area and grade level.

There are numerous ways for the school to provide accelerated instructions to students not performing satisfactorily that were already law. The following is a clarification and addition to the providing 30 hours during a subsequent summer or school year law. The student receives no less than 15 hours or 30 hours for a student who is significantly below satisfactory. If it is during the subsequent school year than no less than once per week, providing for holidays and shortened school weeks. There may be individual or group of up to 4 students. This is not necessary if the child is repeating the grade level.

The supplemental instruction may only be in up to 2 subjects. If more than 2 subjects are needed then they shall be prioritized in the following: mathematics and reading, or Algebra I, English I, or English II.

A school district shall advise the parent or guardian at a parent-teacher conference, or by other means, that the student is not performing at grade level. A parent or guardian may request in writing that the supplemental instruction not be provided but a school may not encourage a parent or guardian to do so.

The agency shall provide automated, computerized, or other augmented method for providing supplemental instruction if it is shown to be better than individual or group instruction.

A school district must develop an accelerated education plan for each student for which accelerated instruction must be provided. The plan must:

1. identify the reason the student did not perform satisfactorily; and
2. require no less than 30 hours of supplemental instruction; and
3. and they may require that
   • the district expand the times for supplemental instruction;
   • the student be assigned to a specific teacher for the school year; and
   • district provide any necessary additional resources to the student

HB 1590

Texas Leadership Scholars Program

There are Leadership scholarships for undergraduate students and Research scholarships for graduate students. These are merit-based scholarship and leadership opportunities for high-achieving, emerging leaders with financial need.

To be initially eligible for a leadership scholarship the undergraduate student must:

1. have graduated from a public high school in this state;
2. either:
   • have qualified for automatic admission to a teaching institution under Section 51.803 or
   • be nominated by the student's high school and hold another academic distinction;
3. be enrolled in a baccalaureate degree program;
4. be economically disadvantaged; and
5. comply with any additional requirements adopted by the Board.

To be initially eligible for a research scholarship, a graduate student must:

1. be enrolled in a research doctoral degree program;
2. either:
   • have graduated from a public high school in this state during the 10 years preceding the date of the student's application to the program; or
   • have graduated from an institution of higher education or a private or independent institution of higher education;
3. be economically disadvantaged;
4. be nominated by the school where they are enrolled; and
5. comply with any additional requirements adopted by the Board.

After initial eligibility, the student may continue participating only if the student:

1. remains:
   • for a leadership scholarship, enrolled in a baccalaureate degree program; or
   • for a research scholarship, enrolled in a research doctoral degree program;
2. maintains a minimum overall GPA determined by the Board;
3. complies with any additional requirements adopted by the Board.

The board may enter into agreements with teaching institutions of higher education to provide the students in these programs with:

1. research-based support; and
2. leadership development opportunities, including:
   • program cohort learning communities;
   • mentoring, research, and internship opportunities;
   • networking with state government, business and civic leaders; and
   • statewide cohort learning institutes or seminars

Research scholarship must be at least 150 percent of the amount of a leadership scholarship. The student may not receive a scholarship for more than 4 years.

HB 1707

Open-enrollment charter schools

A political subdivision shall consider open enrollment charter schools to be a school district for zoning, project permitting, platting/replatting, business licensing, franchises, utility services, signage, subdivision regulation, property development projects, requirements for posting bonds, contract requirements, land development under Section 212.903 of Local Government Code, tree and vegetation regulations, architecture regulations, construction of fences, landscaping, garbage disposal, noise levels, fees or assessments, and construction or site development purposes. To be included, the open enrollment charter school must certify in writing that no administrator, officer, or employee of the school and no member of the governing body derives any personal financial benefit from a real estate transaction with the school. The open enrollment charter school does not have the power of eminent domain.

An open enrollment charter school is not considered a school district for providing funding for public water and wastewater facilities.

HB 1794

Funding for University of Texas at Tyler's school of pharmacy

Repeals Section 76.026 of the Education Code.

HB 1883

Assessments administered on religious holy days

This only encompasses religious holy days whose places of worship would be exempt from property taxation.

Holy days may be considered when calendaring for a school year. But they may not exclude more than 2 instructional days from a period based solely upon the occurrence of a single religious holy day. Alternate days for administering an assessment are to be provided for students who are absent from school to observe religious holy days or periods of observance.

HB 1959

Transfers for certain public school students who are children of peace officers

Upon request from a parent, who is a peace officer, a school district shall transfer the student to a campus or district that the peace officer/parent is requesting.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.