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More than 80 education-related bills were passed during the 81st legislative session. Following are summaries of more than half the bills that passed the House and Senate and were sent to the governor. Gov. Rick Perry vetoed 35 bills on June 19, including three education-related bills. Legislation that was not vetoed by June 21 became law.

More information is available from the TCTA Legislation Department at (888) 879-8282 or legislation@tcta.org.

MAJOR BILLS
HB 3 by Rep. Rob Eissler (R-The Woodlands)
The accountability system revamp.

HB 3646 by Rep. Scott Hochberg (D-Houston)
This bill directing how an additional $1.9 billion in state dollars is to be spent includes:
• A pay raise for teachers, counselors, nurses, librarians, and speech pathologists, varying from district to district. A district must spend the equivalent of $60/weighted student on salaries, but no employee eligible for the raise would receive less than $800. The amount of the raise will vary, but the average across the state is expected to be around $1,000. The raise is subject to a determination by the commissioner of education that a salary increase is an allowed use of federal stimulus funds.
• Elimination of the Texas Educator Excellence Grant (TEEG) performance pay program that is targeted to high-performing campuses with high numbers of economically disadvantaged students, in favor of the District Awards for Teacher Excellence (DATE) program that is available to all districts. Includes a provision requiring that employees be notified in advance of the criteria for receiving an award under the program. Removes the provision allowing program funds to be used for stipends for an advanced degree.
• Enhancement of the virtual school network that allows students to receive course credit for classes taken online.
• A requirement that regional service centers provide training in personal financial literacy instruction.
• Authorization of grants to districts to help with the costs of educating students with disabilities.
• An additional allotment to school districts for each student who is the child of an active duty member of the armed forces or who has transferred to the district as the result of a base closure.
• An increased career/technology allotment for each student who is enrolled in two or more advanced career/technology courses or an advanced technology-prep course.
• Creation of the Select Committee on Public School Finance Weights, Allotments, and Adjustments that will hold meetings throughout the state to study school finance formulas during the interim and report to the 82nd Legislature in 2011 with recommendations for changes.

EMPLOYEE RIGHTS
HB 829 by Hochberg
Provides that an educator with a legal complaint not specifically included in the Education Code (for example, an Open Meetings violation) is no longer required to exhaust all administrative remedies, such as an appeal to the commissioner of education, before pursuing a judicial remedy. TCTA was successful in changing the original bill language, which simply removed the commissioner’s jurisdiction in such cases, to expand, rather than limit, educators’ options.

HB 1365 by Eissler
TCTA-initiated legislation that requires districts to promptly forward a copy of the service record of a former teacher, counselor, nurse or librarian, upon request, to the employee’s new district so the employee can be properly placed on the local salary schedule. The district must provide the record no later than 30 days after the request is made or 30 days after the last day of service, whichever is later.


HB 1470 by Rep. Kristi Thibaut (D-Houston)
Ensures that an informational handbook provided to employees must also include notification of an employee’s right to assault leave. In addition, a form provided by a district regarding leave requests must include assault leave as an option.


HB 2512 by Rep. Jimmie Don Aycock (R-Killeen)
TCTA-initiated legislation providing that employees are allowed to make an audio recording of a meeting in which a grievance is being discussed. This will ensure that an employee will have an accurate record of such meetings that could prove invaluable as the grievance procedure continues. SIGNED


HB 2730 by Rep. Lois Kolkhorst (R-Brenham)
Includes a provision ensuring confidentiality of employee information collected through criminal history checks.


SB 522 by Sen. Kip Averitt (R-Waco)
A TCTA-initiated bill that requires districts to allow an employee to determine the order in which state and local personal leave days are used. SIGNED


SB 1290 by Sen. Leticia Van de Putte (D-San Antonio)
Allows the assignment of a mentor to an experienced teacher who is new to a particular grade level or subject area.


EDUCATOR TRAINING/PREPARATION
HB 461 by Eissler
Provides licensing standards for dyslexia practitioners and licensed dyslexia therapists.


HB 518 by Kolkhorst
Includes loan repayment programs for certain speech-language pathologists and audiologists, including those employed in a public school. Also includes a loan repayment program for certain math and science teachers (not currently funded). VETOED


HB 709 by Rep. Patrick Rose (D-Dripping Springs)
Includes stipends for national certification in the list of uses for DATE incentive pay grant funds.


SB 174 by Sen. Florence Shapiro (R-Plano)
Enhances accountability for educator preparation programs, based in part on achievement by the students of beginning teachers who graduated from the programs. Includes a TCTA-initiated provision requiring that programs survey graduates regarding their perceptions of how well the program prepared them for the classroom.


SB 451 by Van de Putte
Requires that districts provide research-based staff development training to teachers of special needs students who primarily teach outside the area of special education and who do not already possess the knowledge and skills required to implement a student’s Individualized Education Program.


SPECIAL POPULATIONS
HB 451 by Rep. Alma Allen (D-Houston)
Requires that group health insurance policies, specifically including TRS-Care and TRS-ActiveCare, include coverage for an enrolled child diagnosed with autism spectrum disorder from the date of diagnosis through age 9 (until the child reaches age 10).


HB 1322 by Hochberg
Requires TEA to establish/maintain a website to provide resources for teachers of students with special health needs, including information about the treatment and management of chronic illnesses and common food allergies.


SB 90 by Van de Putte
Adopts the Interstate Compact on Educational Opportunity for Military Children to address inequities faced by children of military personnel who are required to relocate to another state. SIGNED


SB 1824 by Sen. Eddie Lucio (D-Brownsville)
Creates the Interagency Task Force for Children with Special Needs, to improve the coordination of education, health, mental health and other related services.


RETIREMENT/TRS
HB 1191 by Rep. Kino Flores (D-Palmview)
Extends the time that a retiree has to select the level of health insurance coverage under TRS-Care from the current day of retirement to up to 90 days after retirement.


HB 1259 by Kolkhorst
Prohibits TRS from hiring outside legal counsel unless the contract is approved by the attorney general.


HB 1364 by Eissler
TCTA-initiated bill ensuring that TRS-ActiveCare will provide coverage for pre-existing conditions. This will provide maximum portability between private sector/local district coverage and the state health insurance program. SIGNED


HB 2656 by Rep. Doug Miller (R-New Braunfels)
Changes the composition of the TRS Director's council to comprise a majority of employee representatives. The current board includes four employee representatives (one retiree, one higher education representative and two active employees) and five non-member financial experts. The bill will replace one of the financial expert positions with an additional retiree. VETOED


HB 3347 by Rep. Vicki Truitt (R-Keller)
A primarily technical bill that was used as the vehicle for statutory authorization of the modified 13th check for retirees. The check, limited to no more than $500, will be paid by January 2010 to employees retired as of Dec. 31, 2008, but is contingent on a determination by the attorney general that the $500 does not violate the Texas Constitution’s prohibition against bonuses.


HB 3480 by Truitt
Provides enhanced enforcement of laws protecting school employees against unethical practices by companies offering 403(b) products.


STUDENTS/INSTRUCTION
HB 1297 by Hochberg
Allows school districts to use a flexible school day program for students who do not receive course credit because of minimum attendance requirements. This would allow such a student to take only the instruction needed to pass the course rather than retake the entire course.


HB 2480 by Hochberg
Allows a junior college to enter into an agreement to provide a dual credit course with a high school even if the high school is outside the college’s service area, provided that a junior college that does serve the high school area is unable to provide the requested course.


HB 2542 by Eissler
Permits districts to allow up to two days in a student’s junior year and two days in the senior year as excused absences for the purpose of college visits.


SB 175 by Shapiro
Modifies the top 10 percent rule for the University of Texas at Austin. UT Austin can now limit automatic admissions to 75 percent of the freshman class, in order to provide additional admissions flexibility. (Recently more than 80 percent of the UT freshman class was admitted under the top 10 percent rule, and this number was rising.)


SB 2033 by Sen. Jane Nelson (R-Lewisville)
TCTA collaborated with Nelson on this legislation that prohibits districts from having a grading policy requiring a teacher to assign a minimum grade that does not reflect the actual quality of a student’s work.


PREKINDERGARTEN
HB 130 by Rep. Diane Patrick (R-Arlington)
Creates a grant program under which prekindergarten programs can expand to full-day programs. Grant recipients must use a portion of grant funds to collaborate with community providers, if available; conform to class-size maximums of 22 students and class-size ratios (11:1 student-to-teacher/aide ratio); and use an approved curriculum. The program does not expand eligibility for pre-kindergarten. VETOED


HB 136 by Rep. Mike Villarreal (D-San Antonio)
Requires TEA to develop strategies along with other agencies to increase community awareness of available prekindergarten programs.


HEALTH/SAFETY
HB 171 by Rep. Dora Olivo (D-Rosenberg)
Requires that the student code of conduct specify that consideration will be given to mitigating factors (self-defense, intent, disciplinary history, etc.) when determining whether a student will be suspended, expelled or removed to a disciplinary alternative education program (DAEP)/juvenile justice alternative education program (JJAEP), regardless of whether the decision relates to a mandatory or discretionary removal.


HB 1041 by Rep. Tan Parker (R-Flower Mound)
Requires that districts adopt and implement a policy addressing sexual abuse of children, including methods for increasing awareness of potential signs of abuse; actions that a victim should take for assistance; and available counseling options.


SB 282 by Nelson
Requires the Department of Agriculture to develop an outreach program to foster better health and nutrition programs, including a school district grant program for best practices in nutrition education.


SB 891 by Nelson
Strengthens requirements regarding the physical education curriculum, including a requirement that at least 50 percent of a PE course (on a weekly basis) comprise actual student physical activity at a moderate or vigorous level, while meeting the needs of students of all ability levels. Expands the 30-minute daily PE requirement to include full-day prekindergarten and, to the extent practicable, half-day prekindergarten. Requires districts to establish goals that include class-size ratios small enough to ensure student safety; if a district establishes class-size ratios exceeding 45:1, the district must specifically identify how student safety will be ensured.


TECHNOLOGY
HB 1332 by Rep. Diana Maldonado (D-Round Rock)
Expands current law that holds students/parents responsible for returning textbooks to include electronic textbooks and technological equipment.


HB 2488 by Hochberg
Includes in the definition of “electronic textbook” an open-source textbook, defined as an electronic textbook available for download from the Internet at no charge to a student. An open-source textbook will be eligible for adoption if it is written, compiled or edited primarily by a Texas public or private research university or a public technical institute and meets other eligibility requirements for content and accuracy.


HB 2893 by Hochberg
Expands the current technology immersion pilot project to a technology immersion sites project, using existing home technology or technology available on a checkout basis to students. Also establishes a computer lending pilot program for schools with a high number of economically disadvantaged students under which the student/parent can work toward owning the loaned technology.


HB 4294 by Rep. Dan Branch (R-Dallas)
Allows districts to use textbook funding to purchase electronic educational materials and equipment. In a change from current law, the commissioner of education would approve the list of electronic textbooks and educational materials, rather than the State Board of Education (though the SBOE will have an opportunity to comment on the approved list).


MISCELLANEOUS
HB 772 by Rep. Donna Howard (D-Austin)
Requires that TEA provide live Internet broadcasts of all SBOE open meetings, and retain archived video/audio of those meetings. SIGNED


HB 1801 by Rep. Dwayne Bohac (R-Houston)
Defines “backpack” for purposes of the August sales tax holiday and adds school supplies to the list of items exempted from taxation under the holiday (beginning with August 2009).


HB 2263 by Eissler
Expands the High School Innovation Grant Initiative to include middle/junior high campuses.


HB 4102 by Rep. Craig Eiland (D-Galveston)
Includes funding assistance through changes in the school finance formulas for districts in a declared disaster area that incur remediation costs. Assistance is provided for two years following the declaration of disaster.


SB 300 by Sen. Dan Patrick (R-Houston)
Revises certain school district mandates, including expanding class-size waivers to cover the school year rather than a single semester; making school bus evacuation drills optional rather than mandatory; and requiring districts to establish a long-range energy efficiency plan.

Also, read a note to our paraprofessional members.

Updated: 10/09/09 (originally from "The Classroom Teacher," summer 2009)