Legislative Blog

J.B. Williams, J.D.

9 More bills modifying 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 3287 - Minor modifications to locations and some locations added. As well as some added for not needing board approval before offering some new programs.

HB 3623 -With a written memorandum, a school marshal may act for 2 schools for a joint event.

HB 3803 - A parent may elect a child repeat a grade before high school or a course in high school, unless the child has met all high school graduation requirements.

HB 3908 - Teaching children about the risks of fentanyl, and other drugs, for addiction and abuse. Majority of the fentanyl deaths are not prescription. So the big takeaway is that your children should not be using illegal drugs.

HB 3928 - Dyslexia rules for evaluation

HB 3991 - First Friday in April is Texas Fruit and Vegetable Day in public school; because it isn't sufficient to discuss this when discussing health matters.

HB 4005 - It makes it sound like this is competency-based but it is financial need based like almost all other grants. Unfortunately, the federal financial need base will exclude a large portion of individuals.

HB 4363 - A scholarship program for future teachers with financial need based guidance.

HB 4997 - Add campus(es) for Comal County and Guadalupe County to the Texas State Technical College System

9 More bills modifying the Education Act

Published: 2024-03-05

HB 3287

Locations of Texas State Technical College System

The bill basically removes the reference to specific cities and leaves them at the County level and then adds some locations. Seems like a good idea to have locations at county rather than city level locations. It's not that it may not be in a city but leaves room for a change of location to be more broad should it be required.

The locations include the following:

1. city of Waco in Cameron County (here Waco remained in the act);
2. in Nolan County (no longer city of Sweetwater), in Taylor County (no longer in Abilene), in Brown County (no longer in Brownwood), and in Stephens County (no longer in Breckenridge);
3. in Harrison County (no longer in city of Marshall);
4. in McLennan County (no longer in city of Waco);
5. in Fort Bend County (unchanged);
6. in one or more locations in Ellis County (no longer in city of Red Oak);
7. in Comal County and Guadalup County (both added);
8. in Denton County (added);
9. one or more locations in Williamson County east of State Highway 130 and Interstate Highway 35 (added);
10. campuses assigned from time to time.

A junior college district may annex territory located in Brown County, (adding the following) Comal County, Denton County, Guadalupe County, or Williamson County.

Some junior colleges require the board approval before offering technical-vocational programs; but those located in Brown, McLennan, Cameron, Fort Bend, (adding the following) Comal, Denton, Guadalupe, Williamson, and Potter counties.

HB 3623

Permitting a school marshal to act for another school at a joint event

This encompasses public or private primary or secondary schools. It allows for 2 such schools to enter into a written memorandum permitting a school marshall for one school to act for both schools at a joint event at one of the schools; and permits the school marshall to carry a firearm on the premises.

HB 3803

Parents allowed to elect for a student to repeat or retake a course or grade

Parents are currently permitted, and have been permitted, to elect for their child to repeat kindergarten, or repeat a grade between 1 and 8 (previously this was 3). Parents may also elect, for courses taken in high school, for the child to repeat a course they previously took; unless the district determines the student has met all the requirements for graduation.

HB 3908

Fentanyl abuse prevention

This bill added curriculum for instruction at the appropriate grade level regarding the dangers of opioids, including opioid addition and abuse (this addiction and abuse were there), including addition to and abuse of synthetic opioids such as fentanyl (was added).

The governor is to designate a Fentanyl Poisoning Awareness Week in public school to educate the students about the dangers posed by the drug fentanyl and the risks of fentanyl poisoning, including overdoes. The week may also include age-appropriate instruction, including on the prevention of the abuse of and addiction to fentanyl. Each district shall provide annually research-based instruction related to fentanyl abuse prevention and drug poisoning awareness for students in grad 6 through 12. The instruction must include:

1. suicide prevention;
2. prevention of the abuse of and addition to fentanyl;
3. awareness of school and community resources and the process for accessing them;
4. health education that includes information about substance use and abuse.

The instruction may be provided by an entity that is a public or private institution of higher education; library; community service organization; religious organization; local public health agency; or organization employing mental health professionals.

HB 3928

Dyslexia evaluations and services

If a district suspects or has reason to believe that a student may have dyslexia, and that student may be a child with a disability under the Individuals with Disabilities Education Act, then the district must:

1. provide a form to the student's parent that explains the rights available under the Individuals with Disabilities Education Act;
2. comply with all federal and state requirements regarding evaluation of the student; and
3. if the student is evaluated for dyslexia or related disorder, evaluate them for any other areas where the district suspects the student may have a disabiity

The multidisciplinary evaluation team must include one member that has specific knowledge regarding the reading process, dyslexia and related disorders, and dyslexia instruction. The member must:

1. hold a licensed dyslexia therapist license;
2. hold the most advanced dyslexia-related certification issued by an association and recognized by the State Board of Education, and identified in the program and rules adopted; or
3. if neither of the above is available, then meet the applicable training requirements adopted by the State Board of Education.

A member of the multidisciplinary team must sign a document describing their participation in the student evaluation and any resulting individualized education program. At least once each grading period, the district must provide the parent with the student's progress as a result of the instruction.

A provider of dyslexia instruction must be fully trained in the district's adopted instructional materials for students with dyslexia and is not required to hold a certificate or permit in special education. The completion of literacy achievement academy by an education does not satisfy the requirement.

The personalized plan for the student must include:

1. recommendations for the best educational placement of the student;
2. the provision of information to the parent regarding the process to request full individual and initial evaluation of the student for the purpose of special education;

And it may include:

1. recommendations for counseling, behavioral management or academic assistance (already there);
2. recommendations for assistance for obtaining access to mental health services (already there);
3. regular review of the student's progress (already there)

HB 3991

Texas Fruit and Vegetable Day in public schools

The first Friday in April is Texas Fruit and Vegetable Day in public schools to promote awareness of the health benefits of fruits and vegetables, and encourage students to consumer more fruits and vegetables. It shall include appropriate instruction.

I'm sorry but we really need a Texas Fruit and Vegetable Day in public schools. It is not sufficient in health classes to talk about them, or in physical education courses to discuss the positives. We need to set aside a day to talk about this, like this will some how make some huge difference. This seems more like a look pat me on the back for doing this bill. Our country has students that struggle to read and comprehend, that cannot do math, that do not know there are 12 months in the year, that January begins the year, that there are 50 states and that Washington D.C. is our nation's capital. But by all means dedicate a day to this so we can pat ourselves on the back and probably make no difference.

HB 4005

Texas Competency-Based Education Grant Program

Calling it competency-based but it is not based upon student competency, it is based upon student financial need from the federal rules. This leaves out a lot of individuals that might benefit from a small amount of funding to assist them. Plus it reads different than it is. And they say it is granted solely upon, but the rule for who gets it is 100% based upon financial need.

A Competency-based baccalaureate degree program means a baccalaureate degree program based solely upon the student's attainment of competencies. There is the expected family contribution because this is a needs based program.

The total amount of grants awarded under this program may not exceed the amount available from appropriations, gifts, grants, or other funds. The funds should be awarded to the students who demonstrate the greatest unmet financial need.

To be eligible, a person must:

1. a resident of this state;
2. meet financial need requirements;
3. be enrolled in a competency-based baccalaureate degree program at an eligible institution;
4. not be receiving a TEXAS grant under Subchapter M, a tuition equalization grander under Subchapter F, Chapter 61, or any other state-funded student financial assistance for the same academic period;
5. comply with any additional nonacademic requirements set by the board

You are not eligible if you already have a baccalaureate. Eligibility ends on the earliest of the following:

1. 4th anniversary of the initial award, if the person had earned less than 60 credit hours toward the degree;
2. 2nd anniversary of the initial award if the person had earned 60 or more credit hours toward the degree;
3. the date the person receives their baccalaureate degree

In order to continue to be eligible, the person must continue to meeting initial eligibility, make satisfactory academic progress, and comply with any nonacademic requirements set by the board. Satisfactory academic progress means they earn at least 12 semester credit hours in each semester. If they fail to make academic progress due to hardship or other good cause, including the following:

1. showing a severe illness or other debilitating condition; or
2. showing that the person is responsible for the care of a sick, injured, or needy person

The amount of the grant may not exceed the lesser of:

1. the difference between the tuition and required fees charged for the year and the amount of any other gift aid awarded to the student; or
2. $500

HB 4363

Future Teachers Scholarship Program

I'm not saying that the 'best' or 'top' students are not amongst those financially disadvantaged, but I am not saying they are either. This again is an award to those who meet financially disadvantage guidelines set out by the Federal government, it is not a means to ensure we have the best of the best individuals teaching. If it were, these would be awards to those going to school and those who show initiative to want to learn more and become better teachers. It would award those willing to learn and enter fields identified as having a critical teacher shortage. Because we are always saying that teachers are not paid sufficiently, so it would be there to assist them in improving their education and make them better teachers in areas where they are most needed.

As far as the language in school where a majority are educationally disadvantaged,.... I feel this has become equivalent to majority are less diverse population.

The Future Teachers Scholarship Program is meant to recruit, prepare, and retain a talented and diverse workforce of career teachers to be leaders in their field; and to provide assistance for tuition, mandatory fees, and other usual and customary costs of attendance. To be eligible to participate, the educator preparation program must:

1. be operated by an eligible institution;
2. provide a structured system of support for recipients to successfully complete the program;
3. require additional hours of field-based experience for students above the minimum hours required by the State Board of Educator Certification rule;
4. require additional hours of clinical teaching experience for students above the minimum hours required by State Board of Educator Certification rule;
5. provide opportunities for recipients to participate beyond the classroom setting; and
6. comply with other criteria established by the coordinating board

To be eligible a person must:

1. be a Texas resident;
2. either:
   • be enrolled full-time in an eligible institute; or
   • have applied for admission in an eligble institute and enroll full-time;
3. be working toward a baccalaureate or master's degree; and be on track to be admitted to an eligible educator preparation program;
4. demonstrate a commitment to pursue a career as a classroom teacher in a public school in this state:
   • in a teaching field identified as experiencing a critical shortage of teachers in this state; or
   • in a public school in this state in which a majority of students enrolled are educationally disadvantaged;
5. complete a criminal history background check
6. provide the educator preparation program with the completed background check and any other materials they require; and
7. comply with any other academic or nonacademic requirements set by the coordinating board

A person is not eligible if they have been convicted of a felony or misdemeanor offense rlating to the duties and responsibilities of the educator profession, including:

1. offense involving moral turpitude (crimes like theft are included here);
2. offense involving a form of sexual or physical abuse of a minor or student or other illegal conduct in which the victim is a minor or a student;
3. felony offense involving possession, transfer, sale or distribution of or conspiracy to possess, transfer, sell, or distribute a controlled substance;
4. offense involving the illegal transfer, appropriation, or use of district funds or district property; or
5. offense involving an attempt by fraud or unauthorized means to obtain or alter profressional certification or license

The person may continue to receive the scholarship only if the person:

1. demonstrates continued to committment to pursuing a career in classroom teaching;
   • in a teaching field identified as experiencing a critical shortage of teachers in this state or
   • in a public school in this state in which a majority of students enrolled are educationally disadvantaged;
2. remains enrolled full-time;
3. remains enrolled in and is on track to be admitted to an eligible educator program;
4. makes satisfactory academic progress; and
5. complies with any other board requirements

Guidelines are set out for satisfactory academic progress, including GPA. There are hardship exceptions outlined. The amount of the grant for 2023-2024 is set at $12,000; and rules are set out as to how much this may be increased by. When disbursing the award, priority shall be given to:

1. person who demonstrates the greatest financial need;
2. first-generation college students; and
3. person who demonstrates a commitment to both entering a teaching filed identified as having a shortage of teachers and to teaching in a public school in this state in which a majority of students enrolled are educationally disadvantage

HB 4997

Texas State Technical College System in Comal County and Guadalupe County

The Texas State Technical College System is modified to add a campus that operates as a collective unit of one or more locations in Comal County and Guadalupe County. The remaining 7 specific campus locations remained unchanged.

 

J.B. Williams, J.D.

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