Legislative Blog

J.B. Williams, J.D.

9 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 2012 - The right to display the national motto.

HB 2026 - A means of ensuring rural veterinarians

HB 2177 - Providing financially eligibility individuals, through their institution, funds to access digital materials.

HB2209 - It is meant to create partnerships for rural schools with fewer than 1,600 students so that the students can have expanded college and career pathways.

HB 2285 - Some ISDs can modify their board of trustees.

HB 2484 - Prohibition from attending events if a spectator causes bodily injury.

HB 2495 - Athletic trainers must take continuing education in concussions.

HB 2892 - Student transferred upon request of a miliary servicemember parent.

HB 2929 - The above was basically a switch in the teacher from at least 25% to not more than 25%; and in the counseling from not more than to at least 25%.

9 Bills affecting the Education Act

Published: 2024-02-28

HB 2012

Display of national motto in public school and institutions of higher education

A teacher or professor may not be prohibited from displaying a poster or framed copy of the national motto, 'In God We Trust'.

HB 2026

Rural Veterinarian Incentive Program

Rural county is a population of less than 150,000. This was previously 100,000.

To participate, an eligible participant must enter an agreement with the Texas Higher Education Coordinating Board. This was previously a university. All of the terms remain as they previously were.

HB 2177

Digital course materials pilot program

These are for textbooks, supplemental material, or open education course at public junior college, public technical institute, or public state college.

The board shall make pilot programs to award grants to institutions to provide financial assistance to students for the cost of accessing digital course materials. The rules of the program shall include:

1. establishing a method for choosing the institutions to participate and allocating the funding to ensure that:
   • those receiving reflect the varied geography and unique institutional missions in this state; and
   • serves the students that meet financial need requirements
2. establish criteria so that participating institutions can evaluate the digital course materials that may be accessed using the funding, which may include the following:
   • relevant technical support;
   • adherence to accessibility standards for students with disabilities;
   • positive impact on student outcomes;
   • immediate access and availability of materials;
   • faculty access to resources and training materials;
   • subscription-based models;
   • supplemental resources that may be provided to assist students with career readiness;

The board shall solicit input from publishers, campus bookstores, and other relevant industry representatives. No later than September 1, 2026, the board shall submit a report that evaluates the effectiveness of the pilot program in improving student outcomes. It should include whether the board believes the program should be continued, expanded, or terminated.

This expires on September 1, 2027.

HB 2209

Rural Pathway Excellence Partnership Program

This is meant to establish a program to support multidistrict, cross-sector, rural college and career pathway partnerships that expand opportunities to underserved students to succeed in school and promote economic development in rural areas. Eligible schools will have fewer than 1,600 students in average daily attendance; and will partner with another school within 100 miles to offer a broader array of college and career pathways.

Each partnership must:

1. offer college and career pathways that align with regional labor market projections for high-wage, high-demand careers; and
2. be managed by a coordinating entity that:
   • has the capacity to do the coordinating;
   • has entered a performance agreement approved by the board of trustees;
   • is an eligible entity under Section 12.101;
   • has on their governing board either voting members, or on an advisory body, representatives of each partnering school and members of regional higher education and workforce organizations. (Seems more like a means of ensuring outside employment post being in an organization than a means of ensuring proper oversight. I get that these individuals will have internal knowledge of how things work but it should not be so complicated as to require this internal knowledge.)

The agreements must have measurable performance goals tied to current college, career, and military readiness outcomes and longitudinal postsecondary completion and employment outcomes. They need to publish this information annually on the Internet. This will allow the coordinating entity to make modifications to ensure compliance with the law.

The individual employed by the entity that manages the program is eligible for benefits from the Teacher Retirement System of Texas if they would be eligible when holding a similar position at the partnering school. Grants shall be made for 2 year periods to assist with costs associated with planning, development, establishment, or expansion of partnerships. For each student enrolled in a college or career pathway offered through a partnership, a school is entitled to the sum of the basic allotment multiplied by 1.15 if the student is educationally disadvantage; or 1.11 if the student is not educationally disadvantaged. The school is also entitled to a bonus annually in the amount of $1,500 for educationally disadvantaged graduates or $750 for non-educationally disadvantaged graduates. If the graduate is in special education than it is automatically $1,500.

The State budget for this may not exceed $5 MILLION per year. If the amounts exceed this limit then funding is prioritized as follows:

1. allotments to schools participating in partnerships is prioritized;
2. allotments to schools that entered memorandum of understanding or letter of committment:
3. allotments to schools that entered performance agreements with coordinating institution of higher education;
4. allotments to schools with highest percentage of students who are educationally disadvantaged; and
5. outcome bonuses for schools with highest percentage of students are educationally disadvantaged.

Students enrolled under this have six years after the first day of high school to complete the program.

HB 2285

Authority of certain ISD to change terms for Board of trustees

No later than December 31, 2023 the board of trustees may adopt a resolution to change the length of the terms of trustees, providing for staggered terms of either 3 or 4 years. This can only be done a board of trustees of an ISD:

1. a county with a population of more than 1 million but less than 1.25 million; and
2. a municipality with a population of 4,500 or less

This section expires January 1, 2029.

HB 2484

Safety of referee, judges, or other officials at some public school extracurricular activities

If a spectator of an extracurricular event engages in conduct that knowingly, intentionally, or recklessly causes bodily injury to a person serving as a referee, judge, or other official because of what the official did in performing their official duties; then the spectator must be barred from future extracurricular activities. The school district may establish an appeals process so that the person may appeal the prohibition and the district may determine the facts associated with the conduct. The prohibition must be for not less than 1 year from the date of the imposition but may not exceed 5 years.

At all such activities the school must provide a peace officer, school resource officer, administrator, or security personnel to ensure the safety of the referee, judge, or other official of the activity or competition until the official departs the school if:

1. a participant or spectator engages in, attempts to engage in, or threatens violent conduct against the official or otherwise disrupts the duties or free movement of the official; or
2. the school or district reasonably suspects that an incident may occur

HB 2495

Requirements for an athletic trainer license

Athletic trainers mush obtain continuing education in concussions. The course must have been approved for continuing education credit by the appropriate licensing authority.

HB 2892

Transfer of public students who are children of military servicemembers

A district must transfer a student upon the request of their parent or parental guardian, who is a military servicemember, upon the parents request they be transferred. They are to be transferred to the district that the parent requested.

HB 2929

Continuing education and training for classroom teachers and public school counselors

Continuing education for teachers may not require more than 25% every 5 years include:

1. collecting and analyzing information to improve effectiveness in the classroom;
2. recognizing early warning indicators that a student is at risk to drop out of school;
3. digital learning, digital teaching, and integrating technology into classroom instruction;
4. educating diverse student populations, including:
   • students who are educationally disadvantaged; and
   • students at risk of dropping out of school;
5. maintaining appropriate relationships, boundaries and communications between educators and students.

Continuing education for counselor must provide at least 25% of training every 5 years to include:

1. assisting students in developing graduation plans;
2. implementing dropout prevention strategies;
3. informing students concerning:
   • college admissions, including college financial aid resources and application procedures; and
   • career opportunities;
4. counseling regarding mental health conditions and substance abuse; and
5. effective implementation of comprehensive school counseling program

The above was basically a switch in the teacher from at least 25% to not more than 25%; and in the counseling from not more than to at least 25%.

 

J.B. Williams, J.D.

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