Legislative Blog

J.B. Williams, J.D.

8 bills affecting the Education code

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

SB 25 - A multitude of different scholarships/grants for nursing related education and training

SB 55 - A study on assisting students with autism spectrum disorder

SB 133 - Those performing security duties cannot use physical restrain, chemical irritants, or tasers on those in 5th grade or below; unless there is serious risk of harm. Honestly I cannot believe this needs to be said, but there you have it.

SB 336 - Added agents, contractors, subcontractors, and other persons acting on behalf of higher education.

SB 427 - Three credit hours of Texas history must be offered to undergraduates in publicly funded institutions.

SB 629 - The rules surrounding the administration of opioid antagonist, which are meant to counter the use of opioids, in schools.

SB 646 - This bill takes into account students living out of state and paying in-state tuition when determining funding.

SN 838 - Silent panic technology must be provided in each classroom.

8 bills affecting the Education code

Published: 2024-03-07

SB 25

Nursing-related postsecondary education

A professional nursing student is a student enrolled in study leading to an initial or advanced degree in professional nursing at an institute of higher learning, public or private or independent, or a non-profit regionally accredited college or university acting in according with this state. Scholarship and loan repayments are covered but matching funds are no longer included.

The criteria for eligibility are as follows:

1. must include that the person be enrolled in, or have outstanding student loans for education received at:
   • an institution of higher education - be it public, private or independent;
   • nonprofit college or university as previously described;
2. may include:
   • scholastic ability and performance;
   • financial need;
   • geographic area where the person is likely to practice;
   • if the person receives Temporary Assistance for Needy Families;
   • employment by state agency;
   • employment or future employment on nursing school faculty;
   • whether they are practicing in a specific area, practice setting, or area of practice with acute nursing shortages;
   • type of certification held or pursued;
   • any additional factors the board considers relevant

No more than 10% of the total amount of scholarships or repayment assistance may be awarded for repayment of student loans for education received at a nonprofit or university described previously.

A Clinical Site Nurse Preceptor Grant Program for eligible clinical sites is established. To be an eligible clinical site, it must:

1. provide clinical training to nursing student through the use of one or more nurse preceptors (which is an experienced RN that provides mentoring, teaching and learning experiences to new RNs);
2. comply with site requirements established by the board; and
3. comply with other requirements established by the board.

The clinical sites need to operate innovative pilot programs that help nursing performed there, improve working environments for nurses, improve retention of nurses, address workplace safety, and coordinate with other clinical sites any solutions found to address common concerns.

There is a grant for part-time faculty if practicing nurses at clinical sites are acting as part-time faculty. There is a nursing faculty grant program for those qualified nursing faculty who seek to obtain additional clinical training by working part-time at a clinical site. These grants will have rules established by the board, and procedures to track the effectiveness of the grants. Effectiveness can be tracked through date reasonably available to the board or the Texas Center for Nursing Workforce Studies and by evaluated transferability and scalability of these programs. These sections appear to expire September 1, 2027.

I would suspect that if these work and there remains a nursing shortage, that future legislative sessions could extend these plans into the future for another set number of years.

SB 55

Texas Higher Education Coordinating Board

They are wanting a study to determine the best practices for assisting students with autism spectrum disorder who are enrolled at institutions of higher education. The study must:

1. identify and track:
   1. number of students graduating from secondary schools in Texas;
   2. number of students with autism spectrum disorder enrolled at institutions of higher education;
   3. student financial assistance available to those students; and
   4. graduation rates of students with autism spectrum disorder from institutions of higher education;
2. identify and examine the best practices of institutions outside of Texas that have achieved successful results when working with students with autism spectrum disorder

In conducting the study the board should collaborate with the Texas Education Agency on programs offered in elementary or secondary school to determine how their programs could be replicated or extended to work in postsecondary education. They may not use any personally identifiable information and may not request this information. The study shall be completed and submitted no later than December 1, 2025.

This section expires on January 1, 2026.

SB 133

Prohibitions on physical restraint and use of chemical irritants/tasers on public school students

This is specific to a student with a disability receiving special education services. This modification applies only to a peace officer that is performing law enforcement duties or school security personnel performing security-related dutes on school property or at a school-sponsored event or school-related activity. They may not restrain or use a chemical irritant or a Taser on a student in 5th grade or below unless the student poses a serious risk of harm to the student or another person.

SB 336

Compliance programs

A compliance program ensures that those acting on behalf of an institution of higher education are in compliance with laws, rules, regulations, and policies. This was merely expanded to now include agents, contractors, subcontractors, or other persons acting on behalf. Previously it only applied to officers and employees.

SB 427

Higher education offering undergraduate courses in Texas History

A college or university receiving state support ot state aid from public funds must offer at least 3 semester credit hours or equivalent in Texas history to undergraduate students. They can offer these directly or indirectly with an agreement at another postsecondary educational institution.

SB 629

Maintenance, administration, and disposal of opioid antagonists

Each district must have a policy concerning the maintenance, administration and disposal of opioid antagonists for grades 6 through 12. An open-enrollment charter or private school may adopt a policy. The policy can be applied to only campuses serving grades 6 through 12 or at each campus at the school. The policy must:

1. provide that school personnel and school volunteers, who are authorized and trained, may administer the opioid antagonist to those who are reasonably believed to be experiencing an opioid-related drug overdose;
2. request each school to have one or more individuals authorized and trained be present during regular school hours;
3. establish the number of opioid antagonists needed at any given time;
4. ensure that the supply of opioid antagonists are stored in a secure location and easily accessible to school personnel and school volunteers that are authorized and trained to administer them.

The rules regarding maintenance, administration, and disposal of opioid antagonist must establish:

1. process for checking inventory at regular intervals for expiration and replacement;
2. the amount of training required for administering

Within 10 days of using an opioid antagonist, the school shall create a report that will be provided to the governing board of the school; the individual who prescribed the drug; and the commissioner of state health services. The report must include the following information:

1. age of the person who received the drug;
2. whether the person who received the drug is a student, school personnel, school volunteer or visitor;
3. the location where it was administered;
4. number of doses administered;
5. title of the person who administered the drug;
6. any other information the commissioner of education requires

The training required must include:

1. recognizing the signs and symptoms of an opioid-related drug overdoes;
2. information on administering the drug;
3. emergency procedures, if necessary, after administering the drug;
4. properly disposing of used or expired opioid antagonist

A physician or person authorized to write prescriptions may prescribe the opioid antagonist to the school through a standing order that is not required to be patient specific and it may be administered by a person without a previous physician-patient relationship. The individual providing the prescription must periodically review the order; and be available through direct communication as needed for consultation, assistance and direction. And a pharmacy may dispense the opioid antagonist without requiring the name or other information of the actual user.

A person who in good faith takes, or fails to take, any action is immune from civil or criminal liability or disciplinary action resulting from, including:

1. issuing an order for opioid antagonist;
2. supervising or administering the drug;
3. possessing, maintaining, storing or disposing of the drug;
4. prescribing the drug;
5. dispensing the drug;
6. administering the drug;
7. providing training, consultation, or assistance of policies;
8. undertaking any act permitted or required by this subchapter

Schools are immune from suit resulting from any act, or failure to act, under this subchapter.

SB 646

Funding for non-resident students enrolled at Lamar State College--Orange

They are looking at the students enrolled at the college but who reside in another state and:

1. pay tuition at the rate charged to residents in this state; and
2. reside in a county or parish in another state that is contiguous to the county where the collge is located

The funding formula needs to take these things into account.

SB 838

Silent panic alert technology in classrooms

Each school must provide silent panic alert technology that provides immediate contact with school emergency services, law enforcement agencies, health departments, and fire departments. This does not override the requirement for employees having classroom access to a telephone or another electronic communication device. To comply, the school may:

1. use funds provided through the school safety allotment;
2. use the school's customary procurement process

 

J.B. Williams, J.D.

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