86th Legislative Session: Final Bill Report—2019

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CATEGORICAL INDEX VETOED BILLS ________________________________________________________________ 6 BILLS THAT FAILED PASSAGE ____________________________________________________ 6 EDUCATION-RELATED BILLS THAT PASSED _________________________________________ 7 HB 3 – School Funding, Tax Rates, Compensation of Personnel, Instruction and Assessment _ 7 ASSESSMENT, ACCOUNTABILITY, and GRADUATION ________________________________ 15 HB 114 – College Credit for Military Experience _________________________________________ 15 HB 330 – Exclusion of Students from Dropout and Completion Rate Computations ____________ 15 HB 638 – Posthumous High School Diplomas ___________________________________________ 16 HB 678 – High School Graduation Requirements for Languages Other than English (LOTE) ______ 16 HB 1244 – Addition of Civics Questions to the U.S. History End-of-Course (EOC) Exams _________ 16 HB 1892 – Exemption from Texas Success Initiative (TSI) Requirements _____________________ 16 HB 2210 – MOU Between a School District and State Hospital for Accountability Purposes ______ 17 HB 3007 – TEA to Provide Information Used in Determining Accountability Ratings ____________ 17 HB 3011 – THECB to Provide Information Used in Determining Accountability Ratings _________ 17 HB 3906 – Student Assessment System _______________________________________________ 17 HB 4205 – Accountability Intervention Provisions _______________________________________ 20 SB 54 - Study of Methods to Evaluate Students at Regional Day School Programs for the Deaf ___ 21 SB 213 – Individual Graduation Committees ___________________________________________ 22 SB 232 – Notification Regarding High School Graduation Requirements _____________________ 22

ADMINISTRATION/GOVERNANCE _______________________________________________ 22 HB 81 – Disclosure Under the Information Law _________________________________________ 22 HB 305 – Required Postings by Political Subdivisions ____________________________________ 23 HB 403 –Trustee and Superintendent Training on Sexual Abuse____________________________ 23 HB 674 – School District Reliance on Regional ESCs for Help with Compliance ________________ 23 HB 963 – Posting Trustee Information on a School District Website and Review of Specified TEKS 24 HB 1597 – Establishment of Residency for Admission to Public Schools______________________ 24 HB 1734 – Litigation Involving Defects of School District Facilities __________________________ 24 HB 1949 – Criteria for Adult Education and Literacy Program Performance Incentive Funds _____ 25 HB 1999 – Construction Liability Claims _______________________________________________ 25 HB 2263 – Sale of Electric Power to Customers _________________________________________ 26 HB 2633 - Consumption of Alcohol Allowed at Certain Facilities____________________________ 27

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HB 2826 - Contingent Fee Contract Approval ___________________________________________ 27 HB 2868 – Procurement of Interior Design Services by a Governmental Entity ________________ 27 HB 2840 – Public Address of Political Subdivision Governing Body __________________________ 27 SB 820 – Adoption of a Cybersecurity Policy ___________________________________________ 28 SB 943 – Disclosure of Contracting Information under Public Information Law ________________ 28 SB 944 – Temporary Custodian of Information _________________________________________ 29 SB 1376 – Unfunded Mandate Repeal ________________________________________________ 31 SB 1557 – Military-Connected Students and Purple Star Designation for Qualifying Campuses ___ 31 SB 1828 – Holocaust Remembrance Week _____________________________________________ 32 SB 2073 – Reduction in Required Days of Service for Educators under Certain Circumstances ____ 32 SB 2283 – Eligibility of Persons Convicted of Felonies to Serve on a School Board _____________ 32

CERTIFICATION ______________________________________________________________ 33 HB 2424 – Creation of a Micro-credential Certification Program for Continuing Education ______ 33 HB 3217 – Eligibility Requirements for Issuance of a Teaching Certificate ____________________ 33 SB 37 – Prohibition of Student Loan Default as Grounds of Refusal for Occupational License ____ 33

CHARTER SCHOOLS ___________________________________________________________ 33 HB 1051 – Adult Education Programs Provided by Certain Charter Schools ___________________ 34 HB 2190 – Admission of Certain Students to an Open-Enrollment Charter School _____________ 34 HB 3871 – Speed Limits on Roads Near Certain Schools __________________________________ 35 HB 4258 – Authority to Approve Public Notice Record Related to Bond Financing _____________ 35 SB 668 – Notification of Charter Expansion and Miscellaneous Provisions____________________ 35 SB 1454 – Charter School Assets _____________________________________________________ 36 SB 2117 – School District 1882 Funding _______________________________________________ 37 SB 2293 – Common Application for Open-enrollment Charter Schools ______________________ 37

CURRICULUM and INSTRUCTION ________________________________________________ 37 HB 963 – Posting Trustee Information on a School District Website and Review of Specified TEKS 37 HB 1026 – Instruction in Positive Character Traits _______________________________________ 38 HB 2984 – Technology TEKS and Computer Science Strategic Advisory Committee_____________ 38 HB 3435 – Texas Girls in STEM Day ___________________________________________________ 39 HB 3650 – Institution of Higher Education and School District Dual Credit Agreements _________ 39 HB 4310 – District Scope and Sequence for Required Curriculum ___________________________ 39 SB 1276 – Dual Credit Agreement between Institution of Higher Education and a School District _ 40 SB 1374 – Sequencing of Algebra I and Geometry Courses ________________________________ 40

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SB 1679 – Eligibility for Pre-K________________________________________________________ 40 SB 1746 – Inclusion of Students At-risk of Dropping Out of School __________________________ 40

ELECTIONS__________________________________________________________________ 41 HB 88 – Order of Candidate Names on an Election Ballot _________________________________ 41 HB 1888 – Temporary Branch Polling Place Hours _______________________________________ 41 SB 30 – Ballot Language for Bond Issuance_____________________________________________ 41

EMPLOYEE MATTERS/BENEFITS/TRAINING _______________________________________ 41 HB 111 – School District Employee Training ____________________________________________ 41 HB 684 – Training Requirements for School Nurses ______________________________________ 42 SB 504 – School Counselor and Post-Secondary Advisor Training ___________________________ 43 SB 1231 – Private School Administrators Access to Abuse Information Regarding Students______ 43 SB 1451 – Prohibition of Assignment of Deficiency Based on Disciplinary Referrals ____________ 43 SB 1476 – Reporting of Educator Misconduct___________________________________________ 43

SCHOOL FINANCE/TAXATION __________________________________________________ 44 HB 293 – Investment Training Requirements for School Financial Officers ___________________ 44 HB 305 – Required Postings by Political Subdivisions ____________________________________ 44 HB 396 – Acceptable Use of Technology and Instructional Materials Allotment Funds __________ 44 HB 440 – General Obligation Bonds __________________________________________________ 45 HB 477 – Notice Required Before the Issuance of Debt ___________________________________ 45 HB 2706 - Government Investment Funds _____________________________________________ 46 HB 4388 – PSF Management by the School Land Board and the SBOE _______________________ 46 HB 4611 – Distributions to the Available School Fund (ASF) _______________________________ 47 HJR 151 – Distributions to the Available School Fund (ASF) _______________________________ 48 SB 2 – Property Tax Reform and Transparency Act ______________________________________ 48 SB 30 – Ballot Language for Bond Issuance Voter Approval _______________________________ 48 SB 608 – School Land Board Continuation _____________________________________________ 49

INSTRUCTIONAL MATERIALS AND TECHNOLOGY ___________________________________ 49 HB 391 – Student Access to Public School Instructional Materials and Technology _____________ 49 HB 396 – Acceptable Use of Technology and Instructional Materials Allotment Funds __________ 49 HB 1960 – Governor's Broadband Council _____________________________________________ 50 HB 3652 – State Repository for Open Educational Resources ______________________________ 50

TEACHER RETIREMENT SYSTEM _________________________________________________ 50 HB 1612 – Relating to TRS’ Authority to Invest in Certain Hedge Funds ______________________ 51

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HB 2629 - Deadline to Appeal Administrative Decisions __________________________________ 51 HB 2820 - Registration Certification Investment ________________________________________ 51 SB 12 – TRS Contributions __________________________________________________________ 51 SB 2224 – TRS Written Funding Policy ________________________________________________ 51

SCHOOL SAFETY _____________________________________________________________ 52 HB 771 – Placement of Warning Signs in School Zones that Prohibit Cellphone Use ____________ 52 HB 2195 – Active Shooter Emergency Policy ___________________________________________ 52 HB 4342 – Texas School Safety Center ________________________________________________ 52 HB 961 – School Nurses and Public-School Concussion Oversight Teams _____________________ 52 SB 11 – Mental Health and School Safety in Public Schools ________________________________ 53

SPECIAL POPULATIONS________________________________________________________ 61 HB 165 – Endorsements for Students Enrolled in Special Education Programs ________________ 61 HB 706 – Eligibility of Certain Children for Audiology Services _____________________________ 61 HB 2184 – Student Transition from Alternate Education Program (AEP) to Regular Classroom ___ 61 SB 139 – Notice of Educational Rights and Referral Process for Special Education Services ______ 62 SB 522 – Individualized Education Program (IEP) for a Student with Visual Impairment _________ 63 SB 2075 – Compliance with Dyslexia Screening and Other Reading Related Requirements ______ 63

STUDENT DISCIPLINE _________________________________________________________ 64 HB 65 – Reporting School Disciplinary Actions __________________________________________ 64 HB 548 – Reporting Truancy Information ______________________________________________ 64 HB 692 – Suspension of Homeless Students ____________________________________________ 65 HB 811 – Determining Appropriate Disciplinary Action ___________________________________ 65 HB 906 – Public School Mental Health Services _________________________________________ 65 HB 1143 – Transportation and Storage of Firearms ______________________________________ 67 HB 1387 – Number of School Marshals Allowed ________________________________________ 67 HB 3012 – Provision of Educational Services to Students in Alternative Education Settings ______ 67 HB 3145 – Rights of a Parent Appointed as Conservator of a Child to Attend School Activities ___ 67 HB 3630 – Prohibition of Certain Aversion Techniques on Students _________________________ 68 SB 712 – Prohibition of Certain Aversive Techniques on Students __________________________ 68 SB 1306 – Posting of Primary Contact for Student Discipline ______________________________ 69 SB 1707 – School District Peace Officer Duties __________________________________________ 69 SB 2432 – Mandatory Student Removal from School_____________________________________ 69 SB 2135 – Information Law Enforcement Agencies Must Provide to School Districts ___________ 69

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STUDENT HEALTH ____________________________________________________________ 70 HB 18 – Mental Health in Public Schools and Training ____________________________________ 70 HB 19 – Mental Health and Substance Use Resources for Schools __________________________ 72 HB 496 – Traumatic Injury Response Protocol and Use of Bleeding Control Stations ___________ 73 HB 2243 – Use of Unassigned Prescription Asthma Medicine on School Campuses_____________ 73 HB 2813 - Statewide Behavioral Health Coordinating Council ______________________________ 74 HB 3884 – Dissemination of Bacterial Meningitis Information _____________________________ 74 SB 435 – School Health Advisory Council Recommendations on Opioid Addiction _____________ 74 SB 869 – Student Food Allergy Policy Guidelines ________________________________________ 74 SB 981 – Disaster Supplemental Nutrition Assistance ____________________________________ 75

UIL/EXTRA CURRICULAR PROGRAMS ____________________________________________ 75 HB 76 – Cardiac Assessments of High School UIL Participants ______________________________ 75

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VETOED BILLS • • •

HB 109 would have prevented charter schools from operating on Memorial Day. HB 455 would have required school boards to adopt prescriptive recess policies.

HB 3511 would have created a Commission on Texas Workforce of the Future.

BILLS THAT FAILED PASSAGE • • • • • • • • • • • •

Banned lobbyist’s who represent local governments, such as those representing TASA, TASB, Texas PTA, cities, and counties.

Limited the amount of severance pay a school board could pay to a superintendent.

Provided school district funding based on the standardized test scores of grade 3 students.

Limited flexibility in determination of the school start date, including for Districts of Innovation.

Removed a .5 elective credit and mandated that all students earn .5 credit of Personal Financial Literacy as a graduation requirement.

Eliminated the high-stakes grade advancement requirements for grades 5 and 8 students.

Eliminated STAAR tests and EOC exams not required by the ESSA/USDE. Narrowed the scope and number of TEKS. Dictated (by percentage) the work activities of school counselors.

Created an Office of Inspector General at TEA. Called for a November tax rate election.

Expanded the virtual school network.

Disclaimer: This document is for informational purposed only. It is intended to provide superintendents and administrators with brief summaries of school-related legislation passed during the 86th Legislative Session. This document is not intended to be a substitute for legal

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advice. Specific questions and circumstances regarding a bill’s impact on a school district should be individually discussed with the district’s attorney.

EDUCATION-RELATED BILLS THAT PASSED HB 3 – School Funding, Tax Rates, Compensation of Personnel, Instruction and Assessment Huberty HB 3 added $11.5 billion above current law, which included $6.5 billion in increased funding for schools and $5 billion for property tax relief. The bill exceeded 300 pages and includes salary increases, reduced recapture, and additional funding for pre-K. It also imposes tax compression and moves to current-year values, among other changes. This summary attempts to cover the major changes in HB 3. Due to the sweeping changes in this legislation, TEA created a page on its website devoted solely to HB 3. In addition, the agency has also created videos on various aspects of the bill. To view additional information on HB 3, visit TEA’s HB 3 webpage at www.tea.Texas.gov/HB3.

School Finance Statutory Changes Moves the Foundation School Program (FSP) from Chapter 41 to Chapter 48 of the Texas Education Code. Repeals Chapter 41 and moves it to newly created Chapter 49 (Options for Local Revenue in Excess of Entitlement).

Provides that the commissioner of education may adjust a school district’s funding entitlement under the FSP if the funding formulas used to determine the district’s entitlement result in an unanticipated loss or gain for a district. Prior to making the adjustment, the commissioner must notify the Legislative Budget Board (LBB) and governor. Requires the commissioner to provide the Legislature with an explanation regarding the change necessary to resolve the unintended consequences if the commissioner makes adjustments. This provision expires beginning with the 2021-2022 school year.

Basic Allotment Increases the Basic Allotment to $6,160.

Tier 1 Funding Moves from prior to current year values for funding purposes. Provides that a district’s tier one local share is its M&O tax rate multiplied by the district’s taxable property value for the current tax year. The market value for Chapter 313 agreements is excluded from taxable values.

Tier 2 – Golden Pennies

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Converts the first two copper pennies to golden pennies for a maximum of eight. The first golden penny can be accessed without an election. The golden penny yield is the greater of: (a) yield per penny per WADA for the district at the 96th percentile of wealth per WADA; or (b) the amount that results from multiplying the basic allotment by 0.16 ($98.56). This funding is no longer tied to the Austin ISD yield.

Tier 2 – Copper Pennies Provides a maximum of nine copper pennies. The copper penny yield is $49.28.

Recapture Changes the name to, “Local Revenue in Excess of Entitlement.” Provides that districts will pay only Tier 1 recapture on the amount above their formula entitlement. Allows districts to pay the full amount in August.

Equalized Wealth Transition Grants Creates the “Equalized Wealth Transition Grant,” which phases out the 1992-1993 hold harmless over five years at 20% per year until the 2023-2024 school year.

District Adjustments Repeals the Cost of Education Index (CEI), the High School Allotment, and the support staff allotment. There is a study in the bill to look at CEI. The Small and Mid-sized adjustments are moved to stand-alone allotments but continue to count as an adjustment for special education purposes. Removes the 2015 homestead exemption hold harmless.

Special Education Increases the weight for students in mainstream instructional settings from 1.1 to 1.15.

Requires that at least 55% of these funds be used in a special education program.

Dyslexia or Related Disorder Creates an allotment of 0.10 for each student identified as having dyslexia or a related disorder.

Allows a district to receive this allotment and the special education allotment if a student qualifies for both.

Gifted and Talented (GT) Repeals the GT Allotment. Requires school districts to adopt a policy on the use of funds to support the GT program. Districts must annually certify to the commissioner that the district has established a GT program and that the program is consistent with the state’s plan developed by the SBOE. Nothing can be construed by these changes as limiting the number of students that a school district may identify or serve in its GT program.

Transportation Allotment Expands the transportation allotment to recapture districts. Funding is now based on per-mile reimbursement rather than a linear density calculation. HB 1 appropriates $1 per mile per ADA. Provides funding for transportation from a district campus to a location at which students are 8

provided work-based learning under the district’s CTE program. Expands the allotment to include homeless students and for transporting dual credit students to another campus in the district.

Bilingual Education Allotment Adds an additional weight of 0.15 for a student of limited English proficiency (LEP) if the student is in a bilingual education program using a dual language immersion/one-way or two-way program model. Adds an additional weight of 0.05 for a non-LEP student if the student is in a bilingual education program using a dual language immersion/two-way program model.

Requires at least 55% of these funds be used to provide bilingual education or a special language program. Allows total amount of incremental costs associated with providing smaller class sizes to count. The current bilingual weight of 0.10 remains for programs other than dual language.

Career and Technology Education (CTE) Allotment Expands funding eligibility for CTE funding to grades 7 through 12. Provides districts with $50 per student enrolled in a P-TECH school or a campus that is a member of the New Tech Network and that focuses on project-based learning and work-based education. Requires at least 55% of these funds to be used to provide CTE programs.

Early Education Allotment Provides that a district is entitled to an annual allotment equal to the Basic Allotment multiplied by 0.10 if the student is educationally disadvantaged or of limited English proficiency and is in a bilingual education or special language program. Allows districts to receive this allotment and the compensatory education and bilingual allotments if the student satisfies the requirements of each.

College, Career, or Military Readiness (CCMR) Outcomes Bonus Requires the commissioner to determine annually the minimum number of graduates in each cohort required to demonstrate CCMR for the district to achieve the threshold percentage for that cohort. Districts are entitled to an annual bonus for each graduate who demonstrates CCMR in excess of the minimum threshold: (1) $5,000 if the graduate is educationally disadvantaged; (2) $3,000 if the graduate is not educationally disadvantaged; and (3) $2,000 if the graduate is enrolled in a special education program regardless of whether they are educationally disadvantaged. Provides that a district is entitled to a bonus for each category for which a graduate qualifies. Requires at least 55% of these funds be used in grades 8 through 12 to improve CCMR outcomes.

Charter Schools Provides that charter schools will now be funded on a weighted average based on the Small and Mid-sized adjustment instead of the statewide average.

Cost of Education Index (CEI) Repeals the CEI and redirects the funds to the Basic Allotment.

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Fast Growth Allotment Creates 0.04 weight per ADA for districts with the top 25% of enrollment growth over the preceding three school years as determined by TEA. New Instructional Facility Allotment Increases the funding cap from $26 million to $100 million each school year.

Compensatory Education Allotment Increases the compensatory education allotment from 0.20 to a range of 0.225 to 0.275 based on five tiers of census block groups for educationally disadvantaged students as determined by the commissioner of education. Entitles districts to the Basic Allotment multiplied by the weight assigned to one of the five tiers according to relative severity of economic disadvantage status.

Requires districts to spend 55% of the funds for supplemental programs and services designed to eliminate any disparity in performance on assessments or disparity in the rates of high school completion between students who are educationally disadvantaged and students who are not educationally disadvantaged, and students at risk of dropping out of school or support programs under Title I. Requires the commissioner to establish an advisory committee on the compensatory education allotment that will advise the agency in adopting rules for the allotment.

Dropout Recovery School and Residential Placement Facility Allotment Provides school districts and open-enrollment charter schools $275 for each student in average daily attendance (ADA) who resides in a residential placement facility, or is at a district or school or a campus that is designated as a dropout recovery school.

Tax Issues and Property Tax Relief Tax Rate Compression Compresses Tier 1 tax rates to 93% or lower per the appropriations bill. HB 1 compressed the tax rate to 93%.

For 2019-2020 Budget Cycle: The state compression rate ($0.93) + the greater of a district’s 2018 tax rate - $1.00, adjusted for copper penny compression or $0.04.

• DEF ISD is currently at $1.17 – the new rate is $1.0684 • GHI ISD is currently at $1.06 – the new rate is $0.99 • JKL ISD is currently at $1.04 – the new rate is $0.97 Applies to maintenance and operations (M&O) only. School districts with an M&O tax rate below $0.97 in 2018-2019 may increase up to $0.97.

For the 2020-2021 Budget Cycle:

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The lesser of the state compression rate ($0.9165) or the variable district compressed rate + the greater of: • School district 2019 enrichment pennies plus • $0.05 with unanimous consent of the board, or $0.04 Effective September 1, 2019, if property values grow more than 2.5% per year, the compression calculation is: MCR = (1.025((PYDPV+E) x PYMCR))/DPV. The intent is to restrict Tier 1 tax levy to no more than 2.5% more than the prior year.

TEA will calculate each district’s Tier 1 tax rate and will have to have local appraisal data to make this calculation.

Tax Ratification Elections (TRE) For 2019-2020, TREs may not be held unless the ISD adopted a strategic plan by January 1, 2019, that called for a 2019 TRE. Requires an efficiency audit be conducted prior to calling a TRE for 2020-2021. Requires TREs to be held on the next available uniform election date.

Efficiency Audits Defines “efficiency audit” as an investigation of the operations of a school district to examine fiscal management, efficiency, and utilization of resources. Districts must pay for the audits and may select the vendor, which can be the district’s auditor.

Requires a school board to conduct an efficiency audit before seeking voter approval to adopt an M&O tax rate (effective January 1, 2020). School districts must conduct the efficiency audit no later than four months prior to election. Requires the Legislative Budget Board (LBB) to establish guidelines identifying the scope and areas of investigation of an efficiency audit, including the identification of resources being used effectively and efficiently and identification of cost savings or reallocations. Requires the auditor to maintain independence from the school district and complete the audit within three months after being selected.

Before an election to increase the tax rate, a school board must hold an open meeting to discuss the results of the efficiency audit. The results of the efficiency audit must be posted on the district’s website not later than 30 days before the election.

Rollback Rate Replaces the term, “rollback rate” with “voter-approval rate.”

Tax Swaps Prohibits school districts from creating a surplus through the M&O tax rate for the purpose of paying debt service. Provides that a property taxpayer is entitled to an injunction restraining the collection of taxes by the district if the district violates this prohibition.

Bond Ballot Language

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Requires bond ballot propositions to include the following statement, “THIS IS A PROPERTY TAX INCREASE.” Uniform Election Dates Requires TREs to be conducted on uniform election dates. School boards must order that an election be held on the next uniform election date that occurs after the date of the election order and that allows sufficient time to comply with the requirements of other law. This will likely mean the November uniform election date for TREs. Tax Reduction and Excellence in Education Fund Creates a special fund in the state treasury that is outside the general revenue fund. The fund consists of money appropriated by the Legislature, gifts to the state for purposes of the fund, and money directed by law for deposit in the fund. Provides that the funds may be used for pay the cost of Tier 1 allotments or for the purpose of reduction of a school district’s M&O tax rates.

Personnel Salary Increases Requires ISDs to spend 30% of any future increases to the Basic Allotment on “compensation” increases for full-time employees other than administrators: • 75% for full-time teachers, counselors, nurses, librarians • prioritizing differentiated compensation for teachers with five or more years of experience • 25% may be used by a school district to increase compensation paid to other full-time employees Teacher Incentive Allotment - Local Optional Teacher Designation System (LOTDS) Allows school districts to designate a certified classroom teacher as a master, exemplary, or recognized teacher for a five-year period based on the results from single or multiyear locally developed appraisals. Requires the commissioner to establish performance and validity standards for each LOTDS designation system. The standards must provide a mathematical possibility that all teachers eligible for a designation may earn a designation and cannot require districts to use a state assessment exam to evaluate performance. Requires the commissioner to ensure that LOTDS meet requirements, prioritize high needs campuses, and enter into a memorandum of understanding (MOU) with Texas Tech University to monitor the quality and fairness. Allows a classroom teacher who holds a National Board Certification issued by the National Board for Professional Teaching Standards to be designated as recognized.

• Master teacher – $12,000 - $32,000 • Exemplary teacher – $6,000 - $8,000 • Recognized teacher – $3,000 - $9,000

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Requires school districts to certify that 90% of these funds are used for the compensation of teachers at the campus where the teacher earning the allotment is employed and that the district prioritized high-needs campuses in using these funds.

Teacher Mentorship Program Allotment Provides funding for districts that have implemented a mentoring program for teachers with less than two years of experience. Requires the mentor teacher to meet with each assigned mentee at least 12 hours each semester. Mentoring sessions must address: (1) orientation to the context, policies, and practices of the school district; (2) data-driven instruction; (3) specific instructional coaching cycles, including coaching regarding conferences between parents and the teacher; (4) professional development; and (5) professional expectations. Requires school districts to designate a specific time during the regularly contracted school day for meetings between the mentor and mentee and schedule a release time or a reduced teaching load for mentor teachers and classroom teachers.

Autism Training Allows districts to provide a salary incentive or similar compensation to a teacher who completes training provided by an ESC related to autism.

Do-Not-Hire Registry Requires school districts, open-enrollment charter schools, shared service arrangements, and districts of innovation to terminate or refuse to hire applicants who are not eligible for employment in public schools. Failure to comply could result in the commissioner terminating a district’s designation as a district of innovation or revoke the entity’s charter. Requires SBEC to develop and maintain an internet portal through which a report of misconduct may be confidentially and securely filed. TEA must create a registry of persons not eligible for hire by school districts, districts of innovation, open-enrollment charter schools, ESCs, and shared service arrangements. Requires TEA to periodically conduct site visits and review the records to ensure compliance.

Reporting Misconduct of Noncertified Employees Requires school districts, open-enrollment charter schools, shared service arrangements, and districts of innovation to report misconduct of non-certified employees to TEA. Requires the commissioner to refer an educator who fails to file a report to SBEC. The board must determine whether to impose sanctions against the educator. The name of a student or minor who is the victim of abuse or unlawful conduct by an employee must be included in the report, but the name of the student or minor is confidential.

Certification Examinations Requires SBEC to adopt rules that provide that in order to teach at any grave level from pre-K through greade 6 a person must demonstrate proficiency in the science of teaching reading on a certification exam for each class of certificate issued by SBEC after January 1, 2021.

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Incentive for Additional Instructional Days Requires the commissioner to adjust the ADA of a school district or open-enrollment charter school if the district or school offers an additional 30 days of half-day instruction for students enrolled in pre-K through grade 5. This funding may be used to pay costs associated with providing academic instruction in a voluntary summer program for students. Provides that this section of the bill is effective September 1, 2020.

Reading Diagnosis Beginning with the 2020-2021 school year, school districts must administer a reading instrument adopted or approved by the commissioner in kindergarten. Requires school districts to administer the assessment in accordance with the commissioner’s recommendations.

Requires the commissioner to determine the performance on the reading assessment that indicates kindergarten readiness. TEA must ensure at least one reading instrument for each grade level is available to school districts at no cost.

Pre-K Requires school districts to offer full-day pre-K that meets high-quality standards to all eligible 4-year-olds. No FSP funding for the second half of the day is provided. Instead districts may use funding provided by the newly created Early Education Allotment. Two three-year waivers are available if a district can demonstrate that it lacks the necessary space or there is the potential of reduced enrollment in the program. Requires districts to consider partnering with certain outside providers prior to adding classrooms.

Early Childhood Literacy and Mathematics Proficiency Plans Requires school districts to adopt and post on their websites early childhood literacy and mathematics proficiency plans that set specific annual goals for the following five school years to reach quantifiable goals for student performance in reading and math at each campus. The plans must be reviewed annually by the local board of trustees. Sets forth requirements of the plans that include targeted professional development for teachers in kindergarten, first, second, or third grade who are assigned to campuses that the board identifies as not meeting the plan’s goals. The plan must also include annual goals for aggregate student growth on third grade reading or math assessment instruments or alternative assessments as determined by the board of trustees.

College, Career, and Military Readiness (CCMR) Plans Requires school districts to adopt and post on their websites CCMR plans that set specific annual goals for the following five school years to reach quantifiable goals for measures of student college, career, and military readiness at each campus. Each plan must identify annual goals for students in each group under the closing the gaps domain, include annual goals for aggregate student growth on CCMR indicators evaluated under the student achievement domain, among other requirements. Requires the board of trustees to annually review the plan and post the annual report on the district’s website to show progress toward the goals under the plan.

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Financial Aid Application for High School Graduation Makes completing a free application for federal student aid (FAFSA) a graduation requirement.

Allows a parent or legal guardian to provide written notice to opt out their child. Students who are at least 18 years old may opt themselves out of the requirement. Provides that a counselor can opt a student out for “good cause” as determined by the counselor.

Reading Standards for Kindergarten Through Third Grade Requires school districts and open-enrollment charter schools to provide for the use of a phonics curriculum that uses systematic direct instruction in kindergarten through grade 3 to ensure all students obtain necessary early literacy skills. They must also ensure that not later than the 2021-2022 school year, that principals and classroom teachers in kindergarten through third grade have attended a teacher literacy achievement academy (reading academy).

Requires districts and charter schools to certify to TEA that they prioritized placement of highly effective teachers in pre-K through grade 2 and that they have integrated reading instruments used to diagnose reading development and comprehension to support each student in pre-K through grade 3.

ASSESSMENT, ACCOUNTABILITY, and GRADUATION HB 114 – College Credit for Military Experience White

Adds new information that a high school counselor must provide to a student and the student’s parent or guardian regarding postsecondary education. Requires the counselor provide information about the availability of college credit awarded by an institution of higher education to veterans and military service members for military experience, education, and training obtained during military service as described by certain materials under Labor Code.

Mandates that the Texas Workforce Commission (TWC), in collaboration with the Texas Higher Education Coordinating Board (THECB), develop and annually make available information materials regarding the availability of such college credit.

Requires the TWC, in cooperation with the THECB, to develop and make available to each school district and open-enrollment charter school that offers a high school program the informational materials required under this Act, not later than September 1, 2020.

Earliest effective date: Immediately (applies beginning with the 2020-2021 school year)

HB 330 – Exclusion of Students from Dropout and Completion Rate Computations

VanDeaver Requires the commissioner, when computing dropout and completion rates, to exclude students who have suffered a condition, injury, or illness that requires substantial medical care

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and leaves the student unable to attend school and assigned to a medical or residential treatment facility.

Earliest effective date: Immediately (applies beginning with the 2019–2020 school year)

HB 638 – Posthumous High School Diplomas

Capriglione Removes the provision from TEC that limits issuance of a posthumous diploma to a student enrolled in the district who died during grade 12. Allows posthumous diplomas to be issued at the end of the school year in which a student was expected to graduate under the regular schedule of school attendance. Prohibits the posthumous diploma from being issued before the graduation date of the class in which the student was enrolled at the time of death.

Earliest effective date: Immediately (applies for students who would have graduated in the 2019-2020 school year and thereafter)

HB 678 – High School Graduation Requirements for Languages Other than English (LOTE) Guillen Permits a student to receive a LOTE credit for purposes of high school graduation credit by completing an American Sign Language course while enrolled at an elementary school.

Earliest effective date: Immediately

HB 1244 – Addition of Civics Questions to the U.S. History End-of-Course (EOC) Exams

Ashby Requires the U.S. History EOC exam to include 10 questions randomly selected by TEA from the civics test administered by the U.S. Citizenship and Immigration Services as part of the naturalization process. Requires the agency to ensure the questions align with the U.S. History TEKS, annually report on the civics-related questions and answers included on the EOC, and provide disaggregated data on student performance.

Earliest effective date: Immediately (applies beginning with students who enter ninth grade during the 2019-2020 school year)

HB 1892 – Exemption from Texas Success Initiative (TSI) Requirements

Stucky Exempts a student who has achieved a score set by the THECB on a high school equivalency exam from TSI assessment requirements. Authorizes the commissioner of higher education by rule to establish the period for which such an exemption is valid.

Earliest effective date: September 1, 2019 (applies beginning with the assessment of undergraduate students entering a public IHE for the 2020 fall semester)

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HB 2210 – MOU Between a School District and State Hospital for Accountability Purposes

Bell, Keith Requires that a memorandum of understanding (MOU) between a school district and a state hospital to provide education services to a student in the hospital provide that the district include the performance of the student on an assessment or other achievement indicator or reporting indicator in determining the performance of the district. Applies these requirements to an MOU entered into between a district and hospital before, on, or after the effective date of this Act. Mandates that an MOU entered into before the effective date of this Act be amended as soon as practicable after the effective date.

Earliest effective date: Immediately

HB 3007 – TEA to Provide Information Used in Determining Accountability Ratings

Turner, Chris Requires TEA to provide, prior to the initial release of academic accountability ratings for a school year, a copy of all source data used in accountability ratings that is provided by another entity if used in determining the district’s accreditation status or assigning ratings for the district or the district’s campuses.

Earliest effective date: September 1, 2019 (applies beginning with the 2019-2020 school year)

HB 3011 – THECB to Provide Information Used in Determining Accountability Ratings

Turner, Chris Requires THECB to provide, prior to the initial release of academic accountability ratings for a school year, a copy of all source data used in accountability ratings that is provided by another entity if used in determining the district’s accreditation status or assigning ratings for the district or the district’s campuses.

Earliest effective date: September 1, 2019 (applies beginning with the 2019-2020 school year)

HB 3906 – Student Assessment System Huberty

Effective with the 2019–2020 School Year Statewide Assessment Program Rule-making Maintains rule-making authority over the statewide assessment program with the SBOE. Requires that the statewide assessment program be designed to: 1) provide assessment instruments that are as short as practicable; and 2) minimize disruption to the educational program.

STAAR Math Assessments with or without the Aid of Technology

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Removes requirements related to STAAR math assessments, including that: 1) math in grades 37 be assessed without the aid of technology; and 2) math in grade 8 be assessed with the aid of technology on a test that includes algebra.

Authorizes the SBOE to adopt rules designating sections of grades 3 through 8 STAAR math tests that “may” be completed with the aid of technology and that “must” be completed with the aid of technology.

Dividing STAAR Tests into Parts with Time Requirements Prohibits grades 3 through 8 STAAR tests from having more than three parts. Requires that each part be designed so that 85% of students in grades 3 and 4 will be able to complete a part within 60 minutes and that 85% of students in grades 5 through 8 will be able to complete a part within 75 minutes. Allows administration of the tests to occur in multiple parts over more than one day. States that the time restrictions do not apply if they make the STAAR test no longer: 1) in compliance with federal law; or 2) valid and reliable, based on recommendations and findings by members of the new educator and/or technical advisory committees. Prohibits the time restrictions from applying to a classroom portfolio method to assess writing performance.

State-required Kindergarten Assessments Prohibits a state-required assessment from being administered to a kindergarten student except for the purpose of determining whether the student is entitled to the benefit of the FSP program as provided under this code.

Teachers of Significantly Cognitively Disabled Students Permits that a teacher of significantly cognitively disabled students who is using a classroom portfolio method to assess writing performance be required to prepare tasks and materials.

End-of-Course (EOC) Exams Amends code to prohibit the use of technology in one or more parts of an Algebra I EOC exam.

Removes the requirement that the English I and English II EOC exams assess reading and writing on the same test. Permits an EOC exam to be administered in multiple parts over more than one day.

Prohibition of Administering a STAAR or EOC Exam on the First Instructional Day of the Week Mandates that the SBOE adopt a state-testing schedule that ensures that STAAR grades 3 through 8 exams and EOC exams are not administered on the first instructional day of a week.

This provision does not apply to a classroom portfolio method used to assess writing performance if student performance under that method is less than 50% of a student’s overall assessed performance in writing.

Advisory Committees Establishes new requirements that the commissioner of education appoint a technical advisory committee to advise the commissioner and the agency regarding the development of valid and 18

reliable tests. Requires members to be experts on educational assessments and psychometrics.

Requires the commissioner to also appoint an educator advisory committee to advise the commissioner and the agency regarding the development of academically appropriate tests.

Mandates that members include experts in curriculum and instruction. Requires the agency to compensate or reimburse a member of either advisory committee for expenses related to the duties of the committee. Prohibits payments to a committee member from being subject to Chapter 2110 or 2254 Government Code.

Development of a Transition Plan for Electronic Administration of STAAR and EOC Exams Requires the agency to ensure that STAAR and EOC exams are capable of being administered electronically.

Requires the agency, in consultation with the SBOE, to develop a transition plan to administer all assessments electronically beginning not later than the 2022–2023 school year. Requires that the plan: 1. evaluate the availability of internet access for each school district in this state; 2. identify changes to state law or policy necessary to improve the availability of internet access; 3. evaluate the state’s experience with administering online assessments, including the consequences of power outages or other internet disruptions, and actions by the state to mitigate the occurrence and effect of those disruptions; and 4. identify and evaluate actions taken by the state to improve online test administrations.

Integrated Formative Assessment Pilot Program Requires the agency to establish a pilot program for integrated formative assessments.

Mandates that if a district elects to participate in the pilot, the district is still obligated to administer STAAR and EOC exams. Requires the agency to submit a report to the governor, lieutenant governor, and members of the Legislature not later than December 1 of each evennumbered year. Mandates that the report include: 1) an analysis of whether instructional support was improved under the pilot; and 2) the feasibility of replacing STAAR and EOC exams with integrated formative assessments.

Pre-K Assessment Performance Prohibits assessment performance of pre-K students from be considered in the accountability system for any purpose.

Use of Graphing Calculator Application on a Computing Device Requires a school district to permit a student enrolled in a course that requires the student to use a graphing calculator to use either a graphing calculator or a calculator application on a computing device, including a personal laptop or tablet computer that provides the same functionality, unless the district makes available to the student a graphing calculator at no cost to the student. Permits a district to adopt policies related to student use of a computing device for this purpose.

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Funding Prohibits TEA from using more than $35 million annually of FSP funds appropriated to the agency to implement a provision from this Act. Requires TEA to implement a provision of this Act only if the Legislature appropriates money specifically for that purpose. Allows that if the Legislature does not appropriate money, TEA may, but is not required to, implement a provision using other available appropriations.

Not later than December 1, 2020 Completion of Transition Plan Report for Electronic Administration of STAAR and EOC Exams Requires the agency to submit to the governor, lieutenant governor, and members of the Legislature a report on the transition plan to an all-electronic administration of STAAR and EOC exams not later than the 2022–2023 school year. Requires that the transition plan include: 1. information from school districts assessing their needs in transitioning; 2. any recommended changes to state law to assist in the transition; and 3. a recommended timeline for statewide implementation of electronic administration.

Effective September 1, 2021 Implementation of the Transition Plan for Electronic Administration of STAAR and EOC exams Requires the agency to implement the transition plan beginning on September 1, 2021.

Elimination of STAAR Stand-Alone Grades 4 and 7 Writing Tests Removes the requirement for the state to develop, and for students to be administered, STAAR stand-alone grades 4 and 7 writing tests.

Beginning with the 2022-2023 School Year Limit on Multiple Choice Items Prohibits grades 3 through 8 STAAR tests and EOC exams from having more than 75% of questions in multiple choice format.

Optional Interim Assessments Requires the agency to adopt or develop optional interim assessments for grades 3 through 8 STAAR tests and EOC exams. Prohibits a school district from being required to administer the interim assessments. Requires the interim assessments to be: predictive of the applicable state test and administered electronically. Prohibits use of the interim assessments for accountability purposes.

Earliest effective date: Immediately

HB 4205 – Accountability Intervention Provisions Craddick

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Permits a campus required to submit a campus turnaround plan to submit an accelerated campus excellence plan. Requires the plan to provide: 1. assignment of a principal to the campus who has demonstrated a history of improvement in student academic growth; 2. final authority over personnel decisions to the campus principal; 3. assignment to the campus of at least 60% of the classroom teachers who have demonstrated instructional effectiveness during the previous school year; 4. detailed description of the employment and compensation structures, including significant incentives for the principal and teachers to remain at the campus; 5. policies and procedures for the implementation of best practices at the campus, including: a. data-driven instructional practices; b. a system of observation of and feedback for classroom teachers; c. positive student culture; d. family and community engagement; e. extended learning opportunities, and; f. student services provided before or after the instructional day that improve student performance; 6. assistance by a third-party provider that is approved by the TEA commissioner in the development and implementation of the district’s plan.

Permits the commissioner to provide guidance to districts as necessary to implement an accelerated campus excellence turnaround plan. Requires the commissioner to approve a campus turnaround plan that the commissioner determines meets the requirements for an accelerated campus excellence turnaround plan.

Allows a repurposed campus to be repurposed by operating under a contract, approved by the school district board of trustees, with a nonprofit organization exempt from federal taxation as a 501(c)3 that meets designated requirements. Requires such a contract provide that a student residing in the attendance zone of the campus immediately before the campus was repurposed be admitted for enrollment at the repurposed campus. Mandates that a decision made by the commissioner for this subchapter of TEC is final and may not be appealed.

Earliest effective date: Immediately (applies beginning with the 2020-21 school year)

SB 54 - Study of Methods to Evaluate Students at Regional Day School Programs for the Deaf

Zaffirini Requires TEA to conduct a study regarding appropriate methods and standards to evaluate the performance, separately from the performance of other students attending the district or campus in which the program is physically located, of a student who spends at least 50 percent of the instructional day participating in a regional day school program for the deaf, and whose parent or guardian does not reside in the school district providing the services. Mandates that

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not later than September 1, 2020, TEA provide the report and any recommendations for legislative action to each standing committee member of the Legislature having primary jurisdiction over public education. Requires TEA to implement these provisions only if the Legislature appropriates money for this purpose. Allows TEA to use other available appropriations to implement the provisions of this Act. Earliest effective date: Immediately

SB 213 – Individual Graduation Committees

Seliger Extends the use of Individual Graduation Committees (IGCs) for a student who does not meet the EOC exam performance standard needed to satisfy high school graduation requirements until September 1, 2023.

Extends the provision that allows a student who does not perform satisfactorily on an Algebra I or English II EOC exam to satisfy those performance requirements for high school graduation with a proficient score on the Texas Success Initiative (TSI) assessment in the corresponding subject areas.

Earliest effective date: Immediately

SB 232 – Notification Regarding High School Graduation Requirements

Rodriguez Mandates a school district notify by mail or email, not later than September 1 of each school year, the parent or guardian of each student enrolled in grade 9 or above, that the student is not required to complete Algebra II in order to graduate under the foundation high school program. States that the notification must include information regarding the potential consequences of not completing an Algebra II course, including eligibility for: 1) automatic college admission; and, 2) certain financial aid authorized under Title 3, including the TEXAS grant program, and the Texas Educational Opportunity Grant Program.

Earliest effective date: Immediately (applies beginning with the 2019- 2020 school year)

ADMINISTRATION/GOVERNANCE HB 81 – Disclosure Under the Information Law

Price Provides that public funds used to pay for parades, concerts, or other entertainment events are not included in the competition or bidding exception under the Public Information Act. Prohibits contracts using public funds from including language that prevents the disclosure of information related to these expenditures.

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Effective date: Immediately

HB 305 – Required Postings by Political Subdivisions

Paul Requires school districts and other taxing political subdivisions to post the following information on the entities’ websites: (1) the political subdivision’s contact information, including a mailing address, telephone number, and email address; (2) each elected officer of the political subdivision; (3) the date and location of the next election for officers of the political subdivision; (4) the requirements and deadline for filing for candidacy of each elected office of the political subdivision, which shall be continuously posted for at least one year before the election day for the office; (5) each notice and record of a meeting of the political subdivision’s governing body. “Note: Requirements in” (5) are not applicable in school districts with a population of less than 5,000 within the districts’ boundaries that are located in a county with a population of 25,000.

Effective date: September 1, 2019

HB 403 –Trustee and Superintendent Training on Sexual Abuse

Thompson Requires additional training for school board trustees and superintendents. Trustees must complete at least one hour of training on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children every two years. Requires superintendents as part of their continuing education requirements to complete 2.5 hours of training every five years on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children. Superintendents subject to continuing education requirements immediately before the effective date of this legislation are not required to comply with the new requirement for any continuing education requirements period that ends before January 1, 2021.

Effective date: September 1, 2019

HB 674 – School District Reliance on Regional ESCs for Help with Compliance

Patterson Requires the commissioner of education to solicit information from each school district served by a regional education service center (ESC) regarding: (1) the reliance on the ESC for assistance in complying with state education laws and rules; and (2) the specific state laws or rules with which compliance is most burdensome and expensive.

Prohibits the solicited information from being considered in the annual evaluation of an ESC. Earliest effective date: September 1, 2019

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HB 963 – Posting Trustee Information on a School District Website and Review of Specified TEKS Bell, Cecil Requires a school district to post and maintain on its website the name, email address, and term of office, including the date the term began and the date the term expires, of each member of the district’s board of trustees. Requires a school district that does not have a website to submit the trustee information to TEA for posting on the agency’s website.

Requires the SBOE, not later than March 1, 2020, to conduct a review of the TEKS for career and technology and technology applications. Mandates that the SBOE amend board rules to consolidate the technology applications courses for grades 9-12 with the career and technical education courses and eliminate duplicative courses while ensuring certifications are aligned with the rigor of each course. Provides that the SBOE is required to implement this provision only if the Legislature appropriates money specifically for this purpose. Allows the SBOE to use other available appropriations. Note: this provision is not codified.

Earliest effective date: Immediately

HB 1597 – Establishment of Residency for Admission to Public Schools

Lambert Permits a person whose parent or guardian is an active duty member of the U.S. armed forces, including state forces or a reserve component of the armed forces, to establish residency for admission by providing the school district a copy of the military order requiring the parent or guardian’s transfer to a military installation in, or adjacent to, the district’s attendance zone.

Requires the proof of residency be provided to the school district not later than the 10th day after the arrival date specified in the order.

Earliest effective date: Immediately (applies beginning with the 2019–2020 school year)

HB 1734 – Litigation Involving Defects of School District Facilities

Holland Requires school districts to provide written notice to the commissioner of education within 30 days of filing for an action seeking damages for defects of any district facility, not just those financed in part with IFA funds. If a district fails to timely file the notice with the commissioner, the court, arbitrator, or other adjudicating authority shall dismiss the action without prejudice.

The dismissal of the action extends the statute of limitations on the action for 90 days. The notice required to the commissioner must include: (1) a copy of the petition; and (2) an itemized list of the defects in the design, construction, renovation, or improvement for which the district is seeking damages. Allows the commissioner to join in the action to protect the state’s share of any damages.

Requires districts to use the net proceeds from the action for: (1) the repair of the defective design, construction, renovation, or improvement of the facility on which the action is brought, 24

including the repair of any ancillary damage to furniture and fixtures; (2) the replacement of the facility on which the action is brought, (3) the reimbursement of the district for a repair or replacement made; (4) any other purpose with written approval from the commissioner.

Requires school districts to provide the commissioner an itemized accounting of any repairs made.

If the attorney general believes a school district has not complied with these new requirements, the attorney general may, after providing at least two weeks’ notice to the district, bring an action on behalf of the state to enforce the requirements. Allows the attorney general to request relief, including payment of a civil penalty up to $20,000 for each violation or the attorney general’s reasonable costs, for investigating and prosecuting the violation or the state’s share of the damages.

Requires the attorney general to submit to the governor, lieutenant governor, members of the Legislature, and the commissioner of education a report on any of these types of actions brought during the preceding year by December 1. The report must include: (1) the filing date; (2) cause number; (3) the school district that is subject to the action; and (4) the court in which the action was brought.

The new requirements apply only to an action brought on or after the effective date of this Act. An action brought before the effective date of this act, is governed by the law applicable to the action immediately before the effective date of this Act, and that law is continued in effect for that purpose.

Effective date: September 1, 2019

HB 1949 – Criteria for Adult Education and Literacy Program Performance Incentive Funds

Guillen Amends Labor Code by requiring the Texas Workforce commissioner to prescribe additional criteria when awarding Performance Incentive Funding to Adult Education and Literacy (AEL) grant recipients. Mandates that the criteria include enrollment targets and performance benchmarks, including that 25% of all students receiving AEL services under the grant be either enrolled in a high school equivalency program or a postsecondary ability to benefit program as defined. Requires 70% of students who exit the AEL program to achieve either a high school equivalency certificate or a postsecondary certificate by the end of the program year.

Earliest effective date: September 1, 2019

HB 1999 – Construction Liability Claims

Leach Prior to bringing certain construction liability claims against contractors or design professionals, school districts and other governmental entities are required to provide each party with whom the school district has a contract for the design or construction of an affected structure a

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written report by certified mail that clearly: (1) identifies the specific construction defect on which the claim is based; (2) describes the present physical condition of the affected structure; and (3) describes any modifications, maintenance, or repairs to the affected structure made by the school district or others since the affected structure was initially occupied or used. Requires the contractor, after five days of receiving the report, to provide a copy of the report to each subcontractor retained on the construction of the affected structure whose work is subject claim.

Requires school districts to allow each party with whom they have a contract for the design or construction of an affected structure and who is subject to the claim and any known subcontractor or supplier: (1) a reasonable opportunity to inspect any construction defect or related condition identified in the report for a period of 30 days after sending the report; and (2) at least 120 days after the inspection to correct the defect or related condition, or enter into a separate agreement with the district to correct any defect or related condition in the report.

Districts are not required to allow a party to make a correction or repair if the party: (1) is a contractor and cannot provide payment and performance bonds to cover the corrective work; (2) cannot provide liability insurance or workers’ compensation insurance; (3) has been previously terminated for cause by the district; or (4) has been convicted of a felony. School districts also are not required to allow a party to make a correction or repair if they previously provided the party the opportunity to inspect and correct defects or conditions and they were not corrected or the attempt to correct the defect or conditions resulted in a new construction defect or related condition.

If a report filed by a school district identifies a construction defect that is corrected or for which they receive damages, the party responsible for the construction defect shall pay the school district the reasonable amount incurred to obtain the report that identified the construction defect.

Allows school districts to make emergency repairs to the property as necessary to protect the health, safety, and welfare of the public or a building occupant.

Effective date: Immediately (applies only to a cause of action that accrues on or after the effective date of this Act)

HB 2263 – Sale of Electric Power to Customers

Paddie Phases out the state power program run by the Texas General Land Office by January 1, 2024.

Exempts receipts from the sale of electricity to school districts from the miscellaneous gross receipts tax and requires electricity provides to adjust their electric bills accordingly.

Effective date: Immediately

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HB 2633 - Consumption of Alcohol Allowed at Certain Facilities

Morrison Allows school board of trustees to adopt a policy allowing the consumption, possession, and sale of an alcoholic beverage at an event held at a performing arts facility owned by the district if: (1) the facility is leased to a nonprofit organization for an event that is not sponsored or sanctioned by the district; (2) and the district is located in a county with a population of not more than 300,000 and in which a component of the University of Houston is located. A lease agreement must require that: (1) the event be held outside of regular school hours; and (2) the alcoholic beverages be sold by a person who hold an appropriate retail license or permit for the facility.

Effective date: September 1, 2019

HB 2826 - Contingent Fee Contract Approval

Bonnen, Greg Requires political subdivisions, including school districts, to get approval from the attorney general of contingent fee contracts awarded by the district and allows for an appeal process through the State Office of Administrative Hearings (SOAH).

Effective date: September 1, 2019

HB 2868 – Procurement of Interior Design Services by a Governmental Entity

Phelan Amends Government Code by adding to the definition of “professional services” to include those provided by a person lawfully engaged in interior design, regardless of whether the person is registered as an interior designer under Chapter 1053, Occupations Code.

Earliest effective date: September 1, 2019 (applies only to a contract entered into on or after October 1, 2019)

HB 2840 – Public Address of Political Subdivision Governing Body

Canales Requires governmental bodies, including school boards, to allow a member of the public who desires to address the body regarding an item on an agenda for an open meeting to address the body regarding the item at the meeting before or during the body’s consideration of the item.

Allows school board of trustees to adopt reasonable rules regarding the public’s right to address the body, including rules that limit the total amount of time that a member of the public may address the body on a given item. If the trustees do not use simultaneous translation equipment that allows the body to hear the translated public testimony simultaneously, then the trustees must provide at least twice the amount of time for nonEnglish speakers who need a translator in order to receive the same opportunity to address the body.

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Prohibits school boards from prohibiting public criticism of the board of trustees, including criticism of any act, omission, policy, procedure, program, or service. This prohibition does not apply to public criticism that is otherwise prohibited by law.

Effective date: September 1, 2019

SB 820 – Adoption of a Cybersecurity Policy

Nelson Defines “breach of system security,” “cyberattack,” and “cybersecurity.” Requires districts to adopt a cybersecurity policy to secure district cyberinfrastructure against cyberattacks and other cybersecurity incidents, and determine cybersecurity risk and implement mitigation planning. Prohibits the policy from conflicting with information on security standards for institutions of higher education adopted by the Department of Information Resources. Requires the superintendent to designate a cybersecurity coordinator to serve as a liaison between the district and TEA. Mandates the coordinator report to TEA any cyberattack or other incident against the cyberinfrastructure that constitutes a breach of system security as soon as practicable after the discovery of the incident. Requires the cybersecurity coordinator provide notice to a parent in the district of an incident for which a report is required involving their child’s information.

Earliest effective date: September 1, 2019

SB 943 – Disclosure of Contracting Information under Public Information Law

Watson Makes changes to exceptions under the Public Information Act (PIA) related to contracting.

Allows only “a governmental body” to assert the exception from public disclosure any information that would give an advantage to a competitor or bidder. This exception can only be asserted if the governmental body can demonstrate that release of the information would harm its interest by providing an advantage to a competitor or bidder in a particular ongoing competitive situation or in a particular competitive situation where the governmental body establishes the situation at issue is set to reoccur or there is a specific and demonstrable intent to enter into the competitive situation again in the future.

Creates a new category of information (contracting information) that must be released unless excepted from disclosure by the PIA if maintained by a governmental body or sent between a governmental body and a vendor, contractor, potential vendor or contractor. Contracting information includes: (1) information in a voucher or contract relating to the receipt or expenditure of public funds by a governmental body; (2) solicitation or bid documents relating to a contract with a governmental body; (3) communications sent between a governmental body and a vendor, contractor, potential vendor or contractor during the solicitation, evaluations, or negotiation of a contract; (4) documents, including bid tabulations, showing the

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criteria by which a governmental body evaluates each vendor, contractor, potential vendor or contractor responding to a solicitation and, if applicable, an explanation of why the vendor or contractor was selected; and (5) communications and other information sent between a governmental body and a vendor or contractor related to the performance of a final contract with the governmental body or work performed on behalf of the governmental body.

Prohibits the use of PIA exceptions provided for the newly created proprietary information, for commercial or financial information that would cause substantial competitive harm, or for trade secrets from being asserted in certain contracts and terms including the overall total price a governmental body will or could potentially pay, descriptions of items or services to be delivered with the total price for each, the delivery and service deadlines, execution dates, duration terms and extensions, remedies for breach of contract, identity of all the parties to the contract, identity of all subcontractors, overall total pricing for a vendor, contractor, and potential vendor or contractor. Information indicating whether a vendor, contractor potential vendor, or potential contractor performed or failed to perform its duties under a contract is also not exempt from disclosure.

Creates a new “proprietary information” exception to disclosure that can only be asserted by a vendor, contractor, potential vendor or contractor in response to a request for a bid if the disclosure of the information would: (1) reveal an individual approach to work, organizational structure, staffing, internal operations, processes, cost data and pricing per kilowatt hour; and (2) give an advantage to a competitor. The exception to disclosure does not apply to certain contracting information.

For contracts valued at $1 million or more in a fiscal year for the purchase of goods or services by a governmental body, the contracting entity is required to: (1) preserve all the contracting information for the duration of the contract and comply with the body’s records retention requirements; (2) promptly provide to the governmental body any requested contracting information; and (3) on completion of the contract, either give or continue to preserve the contracting information for the governmental body.

Requires a governmental body to provide written notice to a contracting entity if the entity fails to provide the body with the requested information. The notice must provide information to the entity that the governmental body may terminate the contract if the entity fails to cure the violation on or before the 10th business day after the notice is provided.

Effective date: January 1, 2020

SB 944 – Temporary Custodian of Information

Watson Adds, “temporary custodian” to the definition section of the Public Information Act (PIA).

Defines temporary custodian as an officer or employee of a governmental body who, in the transaction of official business, creates or receives public information that the officer or employee has not provided to the officer for public information of the governmental body or 29

the officer’s agent. The term includes a former officer or employee of a governmental body who created or received public information in the officer’s or employee’s official capacity that has not been provided to the officer for public information of the governmental body or the officer’s agent.

Requires current or former officers or employees of a governmental body who maintain public information on a privately-owned device to: (1) forward or transfer the public information to the governmental body or the body’s server to be preserved for the legally required time; or (2) preserve the public information in its original form in a backup or archive and on the privately owned device for the legally required time.

Requires the public information officer to make reasonable efforts to obtain public information from a temporary custodian if: (1) the information has been requested from the governmental body; (2) the officer for public information is aware of facts sufficient to warrant a reasonable belief that the temporary custodian has possession, custody, or control of the information; (3) the officer for public information is unable to comply with the duties imposed by this chapter without obtaining the information from the temporary custodian; and (4) the temporary custodian has not provided the information to the officer for public information or the officer’s agent.

Requires a temporary custodian to provide public information to the governmental body within 10 days of a request from the public information officer. Failure by the temporary custodian to provide this information is grounds for disciplinary action by the governmental body that employees them or any other applicable penalties provided by law.

Provides that a current or former officer or employee of a governmental body does not have, by virtue of the officer’s or employee’s position or former position, a personal or property right to public information they created or received while acting in that official capacity.

For purposes of the application of Subchapter G to information surrendered or returned to a governmental body by a temporary custodian, the governmental body is considered to have received the request for that information on the date the information is surrendered or returned to the governmental body.

Provides that a person may make a written request for public information only by delivering the request by U.S. mail, electronic mail, hand delivery, or “any other appropriate method approved by the governmental body” including via fax and through the electronic submission through the governmental body’s website.

Allows a governmental body to designate one mailing address and one electronic mail address for receiving written requests for public information. Requires the governmental body to provide the designated addresses to any person on request. Provides that a governmental body is not required to respond to a written request for public information if it is not sent to one of these addresses, hand delivered, or by a method approved by the body.

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Requires the attorney general to create a public information request form that provides a requestor the option of excluding from a request information that the governmental body determines is: (1) confidential; or (2) subject to an exception to disclosure that the governmental body would assert if the information were subject to the request. Requires the attorney general to create the form by October 1, 2019. A governmental body that allows requestors to use this form and maintains a website must post the form on its website.

Changes in law made by this Act apply only to a request for public information received on or after the effective date of this Act. A request for public information received before the effective date of the Act is governed by the law in effect when the request was received, and the former law is continued in effect for that purpose.

Effective date: September 1, 2019

SB 1376 – Unfunded Mandate Repeal

Paxton In an effort to provide some relief from state-imposed unfunded mandates, this law repeals and revises some provisions of code impacting public education in Texas.

Examples of eliminated requirements: • Districts required to buy energy efficient lightbulbs • A copy of the depository contract and bond be filed with TEA • TEA required to develop information about anabolic steroid use and distribute it to school districts • School districts with less than 10,000 students required to adhere to recycling laws Changes the name of the master reading teacher grant program to the master teacher grant program and extends the program to include master teachers in math, technology and science.

Effective date: Immediately (applies with the beginning of the 2019-20 school year)

SB 1557 – Military-Connected Students and Purple Star Designation for Qualifying Campuses

Lucio Expands the definition of a “military-connected student” to include a dependent of a current or former member of: the United States military; the Texas National Guard; a reserve force of the United States Military; or, a dependent of a member of the military or reserve force who was killed in the line of duty.

Mandates that TEA designate a school district campus a “Purple Star” campus, if the campus applies and qualifies. Requires a qualifying campus to designate a staff member as a military liaison responsible for: identifying military-connected students through PEIMS; serving as the 31

point of contact between the campus and military-connected students and their families; determining appropriate campus services; and, assisting in coordinating campus programs relative to military-connected students. Requires a qualifying campus to maintain a website that: is easily accessible and includes specified information; maintains a transition program led by students that assists the military-connected students in transitioning to the campus; offers professional development for staff members; and, offers at least one of the following initiatives: 1) a resolution showing support for military-connected students; 2) recognition of the Month of the Military Child or Military Family Month with relevant events; or, 3) a partnership with a local military installation that provides opportunities for active duty military members to volunteer, speak at the campus, or host a field trip. Mandates TEA adopt rules as necessary.

Earliest effective date: Immediately (applies beginning with the 2019–2020 school year)

SB 1828 – Holocaust Remembrance Week

Menendez Requires the governor to designate a week as Holocaust Remembrance Week in public schools with the purpose of educating students and inspiring a sense of responsibility to recognize and uphold human value and to prevent future atrocities. Mandates the week include ageappropriate instruction as determined by each school district. Requires instruction to include information about the history of and lessons learned from the Holocaust, participation in learning projects about the Holocaust, and use of materials developed or approved by the Texas Holocaust and Genocide Commission.

Earliest effective date: Immediately (applies beginning with the 2019–2020 school year)

SB 2073 – Reduction in Required Days of Service for Educators under Certain Circumstances

Taylor Allows a school district that anticipates providing fewer than 180 days of instruction for students during a school year, as indicated by the district’s academic calendar, to reduce the number of days of service proportionately, without reducing an educator’s salary. Applies only to a contract executed on or after the effective date of this Act. Earliest effective date: Immediately

SB 2283 – Eligibility of Persons Convicted of Felonies to Serve on a School Board

Campbell Provides that a person is not eligible to serve on a school board if they have been convicted of a felony. This applies only to a school board member who is elected or appointed on or after the effective date of this Act. A school board member elected or appointed before the effective date of this Act continues to serve for the term to which the member was elected or appointed.

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Effective date: September 1, 2019

CERTIFICATION HB 2424 – Creation of a Micro-credential Certification Program for Continuing Education

Ashby Requires the State Board for Educator Certification (SBEC) to propose rules establishing a program to issue micro-credentials in fields of study related to an educator’s certification class.

Requires TEA to approve continuing education providers to offer the micro-credential courses.

Mandates the micro-credential received by an educator be recorded on TEA’s Educator Certification Online System (ECOS) and included as part of the educator’s public certification records.

Requires the agency to implement this Act only if the Legislature appropriates money for this purpose. Allows the agency to use other available appropriations to implement.

Earliest effective date: Immediately

HB 3217 – Eligibility Requirements for Issuance of a Teaching Certificate

Ashby Eliminates statute that prohibits education as an academic major as a prerequisite for eligibility for a teaching certificate. Removes statute that prohibits SBEC from requiring more than 18 semester credit hours of education courses. Adds “field-based experience” as an alternative to “internship” to be included in the minimum number of semester credit hours needed for certification.

Earliest effective date: Immediately

SB 37 – Prohibition of Student Loan Default as Grounds of Refusal for Occupational License Zaffirini Amends Occupation Code to prohibit disciplinary action against a recipient of student financial assistance based on the person’s default on a student loan or breach of a student loan repayment contract or scholarship contract, including by: (1) denying the person’s application for a license or license renewal; (2) suspending the person’s license; or (3) taking other disciplinary action against the person. Removes the THECB and Texas Guaranteed Student Loan Corporation from reporting requirements under this section of Code.

Earliest effective date: Immediately

CHARTER SCHOOLS

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HB 1051 – Adult Education Programs Provided by Certain Charter Schools

VanDeaver Expands the adult high school diploma and industry certification charter school program operated by a nonprofit entity from a pilot program to a permanent program. Lowers the age of eligible enrollees from 19 to 18 years old. Allows enrollment of a person who has earned a high school equivalency certificate, but requires admission priority be given to a person who has not earned a certificate.

Expands the definition of a “student at-risk for dropping out of school” to include a student who, regardless of age, participates in the high school diploma and industry certification program.

Requires the program use an instructional model in which at least 75% of instruction is delivered by a teacher in an in-person, interactive classroom setting. Mandates the program provide specified support services to students.

Requires the nonprofit granted a charter for the program to request approval for expansion by June 30, if money was appropriated for that state fiscal year for expansion of the program.

Entitles the nonprofit to funding through the Foundation School Program (FSP) equal to the amount of funding for students at an open-enrollment charter school.

Mandates the commissioner of education by rule require each school district and openenrollment charter school to annually report through PEIMS the number of students who were enrolled in a high school equivalency program, a dropout recovery school, or adult education program provided under a high school diploma and industry certification charter school program who are: (1) between the ages of 18 and 26; (2) not previously enrolled as dropouts, and; (3) enrolled in the program after not attending school for at least nine months. Mandates these students be reported through PEIMS as having previously dropped out of school.

Requires that the commissioner exclude a student under this provision for purposes of the computation of dropout and completion rates. Prohibits the commissioner from considering the student to have dropped out from the district or campus in which the student was last enrolled. Mandates that the commissioner update the PEIMS system to accommodate the new reporting requirements as soon as practicable.

Earliest effective date: Immediately (applies beginning with the 2019–2020 school year)

HB 2190 – Admission of Certain Students to an Open-Enrollment Charter School

Hunter Permits an open-enrollment charter school to admit a child of an employee of the school, regardless of whether the child resides in the geographic area served by the school.

Earliest effective date: Immediately (applies beginning with the 2019–2020 school year)

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HB 3871 – Speed Limits on Roads Near Certain Schools

Krause Authorizes a county commissioners court to set a 20-mile-per-hour speed limit on certain county roads or highways that are within 500 feet of an elementary, secondary, or openenrollment charter school or an institution of higher education.

Requires the Texas Transportation Commission (TTC) to conduct an engineering and traffic investigation for a highway or road following a request to a municipal governing body, commissioners court, or to the TTC by the governing board of a school district or openenrollment charter school. After reviewing the results of the investigation, the commissioners court, municipal governing body, or the TTC has discretion to alter speed limits as applicable.

Places limits on the number of times an engineering and traffic investigation can be requested.

Effective date: September 1, 2019

HB 4258 – Authority to Approve Public Notice Record Related to Bond Financing

Murphy Provides the attorney general sole authority to review and approve the record of public notice and hearings relating to any bond financing for an educational facility for a charter school.

Effective date: Immediately

SB 668 – Notification of Charter Expansion and Miscellaneous Provisions Hughes

Notification on Charter School Expansion Requires the commissioner by rule to allow a charter holder to provide written notice of the establishment of a new open-enrollment charter school up to 18 months before the date on which the campus is anticipated to open. States that the notice provided to the commissioner under this section does not obligate the charter holder to open a new campus. Adds that the school district superintendent, in addition to the board of trustees, is to be notified of a notice of a proposed opening of a charter school likely to draw students from the district. Allows a charter holder to submit a request for approval for an expansion amendment up to 18 months before the date on which the expansion will be effective. Does not obligate the charter holder to complete the proposed expansion.

Definition of “Homeless” in TEC Aligns TEC reference to homeless persons to have the same definition assigned to the term “homeless children and youths” by federal statute.

Information about Educator Preparation Programs Revises the information that SBEC must make available regarding each educator preparation program and the perseverance of beginning teachers. Mandates the information be based on

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PEIMS reports that provide the number of beginning teachers employed as classroom teachers for at least three years after certification, in comparison to similar programs.

Requisition for Instructional Materials Removes the annual deadline (not later than June 1 of each year) that a school district or openenrollment charter school must meet when making a requisition for instructional materials using TEA’s online requisition program.

Notification of Administration of Epi-Pens Removes the requirement that a school district must contact the commissioner of education not later than the 10th business day after the date that a school personnel member or school volunteer administers an epi-pen to a student.

Repeals Repeals provisions for: The Best Practices Clearinghouse created under Sec. 7.009; transition assistance for students who are homeless or in substitute care under Sec. 25.007 (a-1); recognition of districts and campuses for Exceptional High School Completion and College Readiness Programs under Sec. 39.233; and requirement for districts to use energy efficient light bulbs under Sec. 44.903.

Earliest effective date: Immediately (applies beginning with the 2019-2020 school year)

SB 1454 – Charter School Assets

Taylor Establishes requirements on how open-enrollment charter schools dispose of property that is purchased with state funds. Prohibits state funds from being pledged or used to secure loans for any other organization or related party or to be used to support an operation or activity not related to the educational activities of the charter holder. Requires an open-enrollment charter school for which the charter has expired, been revoked, been surrendered, or otherwise ceases to operate to submit a final annual financial report to TEA. The report must verify that all state property held by the charter holder has been disposed of in accordance with this statute.

If the aggregate amount of all transactions between a charter holder and a related party exceed $5,000, an audit may include the review of any real property transactions between the charter holder and related party. If the commissioner determines that a transaction with a related party using state funds was structured in a manner that didn’t benefit the charter school or that the transaction was in excess of fair market value, the commissioner may order that the transaction be reclassified or that other action be taken as necessary to protect the school’s interest.

Failure to comply with the commissioner’s order is a material violation of the charter.

Effective date: Immediately

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SB 2117 – School District 1882 Funding

Bettencourt Allows school districts under contract or under renewal of a contract with an open-enrollment charter school to receive 1882 funding (TEC Sec. 42.2511). Provides commissioner rulemaking authority to determine the portion of funding a school district is entitled to receive.

Effective date: Immediately

SB 2293 – Common Application for Open-enrollment Charter Schools

Fallon Requires the commissioner of education to adopt by rule a common admission application form for use by applicants for admission to open-enrollment charter schools that includes information the commissioner considers appropriate. Prohibits the form from advertising or otherwise promoting a person or open-enrollment charter school, or from soliciting money, goods or services from an applicant. Requires the commissioner to publicize and post the form on TEA’s website.

Requires the commissioner by rule to adopt guidelines for an open-enrollment charter school that receives more acceptable applications for admission than available positions at the school to create and manage a waiting list each school year for the applicants who are not admitted.

Not later than the last Friday in October of each school year, the governing body of a charter school must report to TEA for that school year the following information for each campus operating under the charter holder’s charter: (1) the number of students enrolled; (2) the enrollment capacity; and (3) if a charter holder uses a waiting list for admission to a campus, the total number of students on the waiting list disaggregated by grade level.

Requires the commissioner to identify each group of charter holders considered to be corporate affiliates or substantially related and aggregate the information for each group and post the information on TEA’s website by March 15 of each year.

Effective date: September 1, 2019

CURRICULUM and INSTRUCTION HB 963 – Posting Trustee Information on a School District Website and Review of Specified TEKS Bell, Cecil Requires a school district to post and maintain on its website the name, email address, and term of office, including the date the term began and the date the term expires, of each member of the district’s board of trustees. Requires a school district that does not have a website to submit the trustee information to TEA for posting on the agency’s website.

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Requires the SBOE, not later than March 1, 2020, to conduct a review of the TEKS for career and technology and technology applications. Mandates that the SBOE amend board rules to consolidate the technology applications courses for grades 9-12 with the career and technical education courses and eliminate duplicative courses while ensuring certifications are aligned with the rigor of each course. Provides that the SBOE is required to implement this provision only if the Legislature appropriates money specifically for this purpose. Allows the SBOE to use other available appropriations. Note: this provision is not codified.

Earliest effective date: Immediately

HB 1026 – Instruction in Positive Character Traits

Bohac Requires the SBOE to integrate positive character traits into the K-12 TEKS, as appropriate.

Changes the character education program from an option to a requirement. Adds “gratitude” to the list of traits that the SBOE must include in the character education TEKS. Mandates each school district and open-enrollment charter school adopt a character education program that includes the specified character traits. Permits the SBOE to adopt rules as necessary.

Earliest effective date: Immediately (applies beginning with the 2019–2020 school year)

HB 2984 – Technology TEKS and Computer Science Strategic Advisory Committee

Allison Requires the SBOE to adopt TEKS for K-8 technology applications that include coding, computer programming, computational thinking, and cybersecurity. Mandates that the SBOE review and revise as needed the technology applications TEKS every five years to ensure relevancy and alignment. Requires the SBOE not later than December 31, 2020, to first review and revise, as needed, the technology TEKS. Mandates the SBOE implement these provisions only if the Legislature appropriates money specifically for this purpose. Allows the SBOE to use other available appropriations to implement these provisions.

Establishes a computer science strategic advisory committee to develop and provide recommendations for increasing computer science instruction and participation in public schools. Mandates the 11-member committee be appointed by the governor, lieutenant governor, speaker of the House, Senate Education Committee chair, Senate Higher Education Committee chair, House Public Education Committee chair, House Higher Education Committee chair, SBOE chair, and any other members added at the advisory committee’s discretion.

Requires appointed members to the committee include: three public school teachers certified in computer science; a person employed in the technology industry; and one faculty member of an IHE. Includes other provisions applicable to the committee.

Requires the committee to submit a report not later than September 1, 2020, that includes recommended changes to state law, including funding proposals and timelines for the 38

implementation of the recommended changes. Mandates the report include recommendations intended to: increase the number of certified computer science teachers; increase the number of public high schools offering computer science courses; increase the number of high school students enrolled in computer science courses; encourage the enrollment of diverse student populations in computer science courses, and; expand computer science learning opportunities, including computer programming, computer coding, cybersecurity, and computational thinking, in public schools.

Abolishes the advisory committee January 1, 2021. Requires members of the advisory committee be appointed as soon as practicable after the effective date of this Act.

HB 3435 – Texas Girls in STEM Day

Bowers Establishes March 1 as Texas Girls in STEM Day to celebrate and encourage the participation of girls in fields related to science, technology, engineering, and mathematics. Requires the regular observation by appropriate ceremonies, activities, and programs in public schools and institutions of higher education, as well as other places to: encourage participation in STEM fields and celebrate and honor Texas women who have excelled in these fields. Allows districts to provide related activities throughout the month of March, including instruction and information about related fields, including finance, information technology, data analytics, cybersecurity, and health care cloud architecture.

Earliest effective date: Immediately

HB 3650 – Institution of Higher Education and School District Dual Credit Agreements

Turner, Chris Requires a school district and institution of higher education to consider the use of free or lowcost open educational resources in courses offered under a dual credit program when considering any kind of agreement, including an MOU or articulation agreement to provide a dual credit program.

Earliest effective date: Immediately

HB 4310 – District Scope and Sequence for Required Curriculum

Dutton Requires that a school district, when adopting a scope and sequence for a subject in the required curriculum under TEC Sec. 28-002(a), ensure that sufficient time is provided for teachers to teach and for students to learn the TEKS for that subject and grade level.

Prohibits a school district from penalizing a teacher who does not follow the district scope and sequence based on the teacher’s determination that the teacher’s students need more or less time to demonstrate proficiency. Permits a school district to take appropriate action based on

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documented evidence of a deficiency in classroom instruction obtained through observation or substantiated and documented third-party information.

Effective date: Immediately (applies beginning with the 2019-2020 school year)

SB 1276 – Dual Credit Agreement between Institution of Higher Education and a School District

Powell Amends Education Code relating to dual credit agreements, including a memorandum of understanding or articulation agreement, between a school district and public institution of higher education. Mandates that any agreement establish common advising strategies and terminology related to dual credit and college readiness. Requires that any agreement provide for the alignment of endorsements offered by the district and dual credit courses offered under the agreement that apply toward those endorsements, with postsecondary pathways and credentials at the institution and industry certifications. Mandates that an agreement identify tools, including tools developed by the Texas Education Agency, the Texas Higher Education Coordinating Board, or the Texas Workforce Commission, to assist school counselors, students, and families in selecting endorsements offered by the district and dual credit courses offered under the agreement. Applies only to an agreement to provide a dual credit program entered into or renewed on or after September 1, 2019.

Earliest effective date: Immediately

SB 1374 – Sequencing of Algebra I and Geometry Courses

Paxton Permits a school district to allow a student to enroll concurrently in Algebra I and geometry.

Earliest effective date: Immediately (applies beginning with the 2019–2020 school year)

SB 1679 – Eligibility for Pre-K

West Clarifies that a child who was eligible for pre-K at the age of 3 and who was enrolled in pre-K at the age of three, remains eligible for enrollment the following year.

Earliest effective date: Immediately (applies beginning with the 2019–2020 school year)

SB 1746 – Inclusion of Students At-risk of Dropping Out of School

Miles Extends the definition of a student at risk of dropping out of school to include a student who is under 26 years of age and has been incarcerated or has a parent or guardian who has been incarcerated, within the lifetime of the student, in a penal institution as defined by Sec. 1.07, Penal Code.

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Earliest effective date: Immediately

ELECTIONS HB 88 – Order of Candidate Names on an Election Ballot

Swanson Provides that the candidates’ names on a runoff ballot will be in the same order they appeared in the initial election. This also applies in the instance of a tie election.

Effective date: September 1, 2019

HB 1888 – Temporary Branch Polling Place Hours

Bonnen, Greg Requires temporary branch polling places be open for at least eight hours each day, or three hours each day if the city or county clerk does not serve as the early voting clerk holding the election and the territory has fewer than 1,000 registered voters. Removes the provision that allows for sites other than county election precincts in May elections.

Effective date: September 1, 2019

SB 30 – Ballot Language for Bond Issuance

Birdwell Requires specific ballot language to be used under the following circumstances, even if it’s part of another instructional facility for the construction, acquisition, or equipment of: (1) a stadium with seating capacity for more than 1,000 spectators; (2) a natatorium; (3) another recreational facility other than a gym, playground, or play area; (4) a performing arts facility; (5) housing for teachers; and (6) and an acquisition or update of technology equipment, other than that used for school security or technology infrastructure integral to the construction of a facility.

Requires ballot propositions to state the principal amount of bonds that will be used for construction on the portion of a building or complex related to the categories listed in this Act. General ballot language remains in effect.

Effective date: September 1, 2019

EMPLOYEE MATTERS/BENEFITS/TRAINING HB 111 – School District Employee Training Gonzalez

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School districts must include training on the sexual abuse, sex trafficking, and other maltreatment of children with significant cognitive abilities in addition to already existing requirements for child abuse training.

Effective date: Immediately

HB 684 – Training Requirements for School Nurses

Clardy Provides that the parent or guardian of a student with a seizure disorder may seek care for the student’s seizures while at school or participating in a school activity by submitting to the school a copy of the seizure management and treatment plan developed by the student’s parent or guardian and the physician responsible for the student’s seizure treatment.

Requires the plan to be submitted and reviewed by the district before or at the beginning of the school year, on enrollment of the student in the district, or as soon as practicable following a diagnosis of a seizure disorder for the student. The seizure management plan must: (1) identify the health care services the student may receive at school or while participating in a school activity; (2) evaluate the student’s level of understanding of the student’s seizures and ability to manage any seizures; and (3) be signed by the student’s parent or guardian and the physician responsible for the student’s seizure treatment.

Provides that the care of student with seizure disorder by a district employee under a seizure management plan is incident to or within the scope of the duties of the employee’s position and involves the exercise of judgement or discretion on the part of the employee for purposes of liability. The immunity from liability applies to an action or failure to act by a district employee in administering a medication, assisting with self-administration, or otherwise providing for the care of a student under a seizure management plan.

Requires a school nurse employed by the district to complete an agency-approved online course of instruction for school nurses regarding managing students with seizure disorders that includes information about seizure recognition and related first aid.

District employees, other than a school nurse, whose duties include regular contact with students must complete an agency-approved online course of instruction for school personnel regarding awareness of students with seizure disorders that includes information about seizure recognition and related first aid.

Provides that TEA may approve an online course provided by a nonprofit national foundation that supports the welfare of individuals with epilepsy and seizure disorders to satisfy this training requirement. The online course approved by the agency must be provided by the nonprofit free of charge. Requires TEA to approve the online course by December 1, 2019.

Effective date: September 1, 2019 (applies beginning with the 2019-20 school year)

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SB 504 – School Counselor and Post-Secondary Advisor Training

Seliger Permits a training academy developed by the Center for Teaching and Learning at The University of Texas at Austin for school district counselors and post-secondary advisors employed at a middle school, junior high school, or high school to include information regarding social-emotional learning and indicators of behavioral issues.

Earliest effective date: Immediately

SB 1231 – Private School Administrators Access to Abuse Information Regarding Students

Bettencourt Requires the Texas Department of Family and Protective Services (DFPS) to notify the director of an open-enrollment charter school or chief executive officer of a private school if the agency receives a child abuse or neglect claim involving an employee of the charter or private school.

Effective date: September 1, 2019

SB 1451 – Prohibition of Assignment of Deficiency Based on Disciplinary Referrals

Taylor Prohibits a school district from being able to assign an area of deficiency to a teacher on an appraisal solely on the basis of disciplinary referrals made by the teacher or documentation regarding student conduct submitted by the teacher. This does not prohibit a teacher from being assigned an area of deficiency based on documented evidence of a deficiency in classroom management obtained through observation or a substantiated report.

Provides that teachers may document any conduct by a student that does not conform to the student code of conduct and may submit that documentation to the principal. School districts cannot discipline a teacher on the basis of this documentation.

A student who is sent to the campus behavior coordinator’s or other administrator’s office under TEC 37.002(a) or (b) is not considered to have been removed for the purposes of reporting data through PEIMS or other similar reports required by state or federal law.

Effective date: Immediately (applies beginning with the 2019-20 school year)

SB 1476 – Reporting of Educator Misconduct

Bettencourt Amends Education Code provisions regarding the reporting requirements of educator misconduct involving a minor or student. Does not require a superintendent of a traditional school district or District of Innovation, or director of a charter school, regional education service center, or shared services arrangement to notify SBEC or file a report if the

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superintendent or director completes an investigation prior to the educator’s termination of employment or resignation and determines the educator did not engage in the alleged misconduct with a student or minor.

Earliest effective date: Immediately (applies beginning with the 2019–2020 school year)

SCHOOL FINANCE/TAXATION HB 293 – Investment Training Requirements for School Financial Officers

King, Ken Exempts school district financial officers from attending investment training every other year if the district does not invest district funds or only deposits funds in interest-bearing accounts or in authorized certificates of deposits. Requires financial officers to annually submit to TEA a sworn affidavit noting the applicable exemption that applies to the district.

Effective date: Immediately

HB 305 – Required Postings by Political Subdivisions

Paul Requires school districts and other taxing political subdivisions to post the following information on the entities’ websites: (1) the political subdivision’s contact information, including a mailing address, telephone number, and email address; (2) the name of each elected officer of the political subdivision; (3) the date and location of the next election for officers of the political subdivision; (4) the requirements and deadline for filing for candidacy of each elected office of the political subdivision, which shall be continuously posted for at least one year before the election day for the office; (5) each notice and record of a meeting of the political subdivision’s governing body. Requirements in (5) are not applicable in school districts with a population of less than 5,000 within the districts’ boundaries that are located in a county with a population of 25,000.

Effective date: September 1, 2019

HB 396 – Acceptable Use of Technology and Instructional Materials Allotment Funds

VanDeaver Expands the type of freight and shipping expenses and related insurance expenses that may be paid for with the Technology and Instructional Materials Allotment (TIMA) funds by removing the specification that such expenses are only for intrastate freight and shipping. Adds to the list of approved TIMA fund purchases by allowing the purchase of inventory software or systems for storing, managing, and accessing instructional materials and analyzing the usage and effectiveness of the instructional materials.

Earliest effective date: September 1, 2019 44

HB 440 – General Obligation Bonds

Murphy Authorizes school districts to use unspent bond proceeds only: (1) for the specific purposes for which the bonds were authorized; (2) to retire bonds; or (3) for a purpose other than the specific purpose for which the bonds were authorized if the specific purposes were accomplished or abandoned and the board holds a public meeting only for the purpose of considering the use of the unspent bond proceeds and approves in a separate vote the new specified use of the proceeds that are not to retire the bonds. The notice of the public meeting must include a statement that the board of trustees will consider the use of the unspent proceeds for a purpose other than the specific purpose for which the bonds were authorized and provide an opportunity for public input.

Requires school districts to post a sample ballot for a bond election on the district website for 21 days prior to the election.

Prohibits school districts and other political subdivisions from issuing general obligation bonds to: purchase, improve, or construct improvements to real property; to purchase items of personal property; or to do both, if the weighted average maturity of the issue of bonds exceeds 120% of the reasonably expected weighted average economic life of the improvements and personal property financed with the issue of bonds.

Effective date: September 1, 2019

HB 477 – Notice Required Before the Issuance of Debt

Murphy Ballot Requirements Requires school districts to place the following information on the ballot for the issuance of debt: (1) general description of the purposes for which the debt will be authorized; (2) the total principal amount of the debt obligations to be authorized; and (3) the taxes sufficient to pay the principal and interest on the debt obligation. Changes in law made by this Act apply only to a ballot for an election ordered on or after the effective date of this Act. An election ordered prior to this Act is governed by the law in effect when the election was ordered.

Voter Information Document Requirements Requires school districts and other political subdivisions with 250 or more registered voters on the date the school board adopts the debt obligation order to prepare a voter information document for each proposition to be voted on at the election. The voter information document must be posted in the same manner as a debt obligation election order is required to be posted and may include the voter information document in the debt obligation election order. The voter information document must distinctly state the language that will appear on the ballot. In addition, it must include the following formatted as a table: (1) the principal of the debt obligations to be authorized; (2) the estimated interest for the debt obligation to be authorized;

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and (3) the estimated combined principal and interest required to pay on time and in full the debt obligations to be authorized. The table must also include as of the date the board adopts the debt obligation election order: (1) the principal of all outstanding debt obligations of the political subdivision; (2) the estimated remaining interest on all the district’s outstanding debt obligations, an estimate that may be based on the district’s expectations relative to the interest due on any variable rate debt obligations; and (3) the estimated combined principal and interest required to pay on time and in full all outstanding debt of the district, which may be based on the district’s expectations relative to the interest due on any variable rate debt obligation. The estimated amount of the annual increase in taxes imposed on a residential homestead with an appraised value of $100,000 to repay the debt to be authorized, if approved, based on assumptions made by the district must be included, along with any other information the district considers relevant or necessary to explain the information required by this new law.

Requires school districts to identify in the voter information document the major assumptions made in connection with the statement, including the amortization of the district’s outstanding and proposed debt obligations, changes in estimated future appraised values within the political subdivision, and the assumed interest rate on the proposed debt obligations. Districts must post the voter information on its website in an easily accessible manner at least 21 days prior to the election day and on the day after the election.

Effective date: September 1, 2019

HB 2706 - Government Investment Funds

Capriglione Expands the maturity date of investments in commercial paper that school districts invest in from 270 days or fewer to 365 days. Requires TEA to conduct a study on the investment and management of funds by school districts and open-enrollment charter schools. Requires school districts or charter schools or the entity that invests or manages funds for the district or school to provide information regarding: (1) the district’s or school’s investments, including asset allocations, fees, and risks; and (2) the district’s or school’s cash flow, fund balances, and other revenue sources. TEA must deliver the report to the governor, lieutenant governor, speaker of the House, and each standing committee having primary jurisdiction over primary and secondary education. The report must include the findings of the study and any recommendations for legislative action based on the findings.

Effective date: September 1, 2019

HB 4388 – PSF Management by the School Land Board and the SBOE

Murphy Requires the SBOE to provide the School Land Board (SLB) quarterly financial reports on the portion of the Permanent School Fund (PSF) assets and funds for which the SLB is responsible.

The report must include: (1) target and actual asset allocations; (2) investment performance by

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asset type; (3) benchmarks and benchmark performances; and (4) costs of implementing and administering the PSF liquid account created by this Act. Requires SLB to provide the SBOE with quarterly financial reports on the portion of the PSF assets and funds for which the SBOE is responsible. The report must include: (1) target and actual asset allocations; (2) investment performance by asset type; and (3) benchmarks and benchmark performances.

Establishes the Permanent School Fund Liquid Account (PSFLA) as an account in the PSF. Requires the SLB to meet quarterly and release funds to the PSFLA from the Real Estate Special Fund, except those funds that are either: (1) being used for their designated purpose under existing law; or (2) required for anticipated cash management needs within the 90-day period following the meeting.

Allows the SBOE to invest funds from the PSFLA only in liquid assets. Proceeds from the investments will be deposited in the treasury to the credit of the SBOE for investment in the PSF. Authorizes the SBOE to use PSFLA funds for administrative costs, including those costs related to investment management or advisory services.

Provides that SLB investments cannot exceed 15% of the PSF on January 1 of even-numbered years.

Requires TEA, in consultation with the General Land Office (GLO), to conduct a study regarding distributions from the PSF to the Available School Fund (ASF). The study must: (1) examine historical patterns in the real value of distributions made from all assets and revenues of the PSF and historical patterns in the real value of the PSF relative to the number of students enrolled in the public education system; (2) analyze the impact of underlying data and methodological assumptions on actual and projected distributions from the PSF; (3) seek input from government officials involved in public education policy or in the appropriation of state funds to support the public education system; (4) examine current and alternative approaches to balance the needs and interests of present and future beneficiaries of the PSF and ASF; (5) develop options to maximize available revenue distributions for the education of students enrolled in the public education system while preserving the PSF for future generations; and (6) consider any other subjects relevant to the purpose of the study. Allows TEA to contract for investment management expertise relevant to conducting this study. Requires TEA to submit a report regarding the results of the study to the governor, lieutenant governor, speaker, SBOE, Legislative Budget Board, and each legislative standing committee with primary jurisdiction over public education.

Effective date: September 1, 2019

HB 4611 – Distributions to the Available School Fund (ASF) Huberty

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This is enabling legislation that allows the distribution from the General Land Office to the ASF to increase up to $600 million per year, up from $300 million per year. Takes effect only if a constitutional amendment is approved by voters (HJR 51).

Effective date: January 1, 2020

HJR 151 – Distributions to the Available School Fund (ASF)

Huberty Proposes a constitutional amendment allowing distributions to the ASF to increase up to $600 million per year for the SBOE, General Land Office, or other entity that has responsibility for revenues from the PSF. The constitutional amendment will be submitted to voters in the November 5, 2019, election.

Effective date: January 1, 2020

SB 2 – Property Tax Reform and Transparency Act

Bettencourt SB 2 was an omnibus property tax bill that made many changes to the taxation process. Many of the changes do not impact school districts and are not included. Below are some of the major highlights of the bill impacting school districts.

No-New-Revenue M&O Tax Rate Changes the term “effective M&O rate” to “no-new-revenue M&O rate.” The “effective tax rate” has been changed to “no-new-revenue tax rate” and the “rollback tax rate” is now “voterapproval tax rate.”

Deadline to Adopt Tax Rate Requires school districts and other taxing units to adopt a tax rate before the later of September 30 or the 60th day after the date the taxing unit received the certified appraisal roll, except that a governing body must adopt a tax rate that exceeds the voter-approval rate not later than the 71st day before the next November uniform election date.

Comptroller Requires each school district to calculate and submit to the comptroller the no-new-revenue tax rate and the voter-approval tax rate, and to submit the rate to maintain the same amount of state and local revenue per weighted student that the district received in the school year beginning in the preceding tax year.

SB 30 – Ballot Language for Bond Issuance Voter Approval

Birdwell Requires specific ballot language to be used under the following circumstances, even if it’s part of another instructional facility for the construction, acquisition, or equipment of: (1) a stadium with seating capacity for more than 1,000 spectators; (2) a natatorium; (3) another recreational 48

facility other than a gym, playground, or play area; (4) a performing arts facility; (5) housing for teachers; and (6) an acquisition or update of technology equipment, other than that used for school security or technology infrastructure integral to the construction of a facility.

Requires ballot propositions to state the principal amount of bonds that will be used for construction on the portion of a building or complex related to the categories listed in this Act. General ballot language remains in effect.

Effective date: September 1, 2019

SB 608 – School Land Board Continuation

Watson Continues the operation of the School Land Board (SLB) through 2031 and increases the membership of the board from three to five. Requires the SLB and SBOE to hold an annual joint meeting to discuss the allocation of the assets of the PSF and the investment of money in the fund. Requires SLB to develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the commissioner and staff of the General Land Office. Places a 15% statutory cap on SLB investments to SLB’s real assets investments, and specifies that the cap is measured against the market value of total assets held by the SLB and SBOE. Effective date: September 1, 2019

INSTRUCTIONAL MATERIALS AND TECHNOLOGY HB 391 – Student Access to Public School Instructional Materials and Technology Blanco

Requires a school district or open-enrollment charter school, after parental request, to provide instructional materials in printed format if the student does not have reliable access to technology at the student’s home. Uses the definition assigned to “instructional materials” in TEC Sec. 31.002. Does not require a district or charter school to purchase printed copies of instructional materials that would not otherwise be purchased. Permits the district or charter school to provide the student a printout of the relevant electronic materials.

Earliest effective date: Immediately (applies beginning with the 2019–2020 school year)

HB 396 – Acceptable Use of Technology and Instructional Materials Allotment Funds

VanDeaver Expands the type of freight and shipping expenses and related insurance expenses that may be paid for with the Technology and Instructional Materials Allotment (TIMA) funds by removing the specification that such expenses are only for intrastate freight and shipping. Adds to the list 49

of approved TIMA fund purchases by allowing the purchase of inventory software or systems for storing, managing, and accessing instructional materials and analyzing the usage and effectiveness of the instructional materials.

Earliest effective date: September 1, 2019

HB 1960 – Governor's Broadband Council

Price Creates the 17-member Governor’s Broadband Development Council, which will meet quarterly to research the progress of broadband development in unserved areas and to identify barriers to residential and commercial broadband development in unserved areas, and the delivery of educational opportunities in higher and public education, among other things. All members are appointed by the governor and serve five-year terms. One member must be a representative of a school district with a territory that includes only counties with populations less than 60,000.

The council is required to submit an annual report with its findings and recommendations by November 1. The council expires in 2029.

Effective date: Immediately

HB 3652 – State Repository for Open Educational Resources

Turner, Chris Requires the THECB to contract with a high quality open educational resource (OER) repository to develop and maintain a web portal customized to meet the needs of individual institutions of higher education, students, and others who may benefit. Mandates that OER resources available through the portal be searchable by course or learning outcome, program or field of study, marketable skills, college readiness, and other topics as determined by the THECB. Requires the portal provide access to repositories that maintain a wide range of OERs, including textbooks, full courses, course materials, modules, images, videos, assessment software, and any other tools, materials, or techniques used to support learning.

Mandates that resources developed with state funds be made available under a Creative Commons license and submitted for use as an OER through a repository available through the portal. Allows a publisher to submit instructional materials for inclusion in a repository available through the portal. Permits the THECB to request the assistance of the Learning Technology Advisory Committee to establish, maintain, and market the web portal. Requires the THECB to develop the portal not later than September 1, 2020.

Earliest effective date: September 1, 2019

TEACHER RETIREMENT SYSTEM

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HB 1612 – Relating to TRS’ Authority to Invest in Certain Hedge Funds

Murphy Prohibits TRS from investing more than 10% of the value of the total portfolio of the retirement system in hedge funds.

Effective date: 91st day after the last day of the legislative session

HB 2629 - Deadline to Appeal Administrative Decisions

Guillen Requires TRS in adopting rules governing the appeal of a final administrative decision to ensure the deadlines for the filing of an appeal afford members or retirees at least the same amount of time to file an appeal as TRS has to issue a decision. This change applies only to a decision made on or after January 1, 2020.

Effective date: September 1, 2019

HB 2820 - Registration Certification Investment

Flynn Eliminates the requirement that TRS must certify 403(b) investment products.

Effective date: September 1, 2019

SB 12 – TRS Contributions

Huffman Increases TRS contribution rates for members, school districts, and the state with the goal of making the fund actuarily sound. The various contribution rates gradually increase over several years. Active employee member contribution rates increase gradually from current 7.7% to 8.25% by September 2023. District contribution rates increase gradually from current 1.5% to 2% in September 2024, and the state contribution rates increase gradually from current 6.8% to 8.25% in September 2023.

Requires TRS to make a one-time supplemental payment equal to the lesser of $2,000 or the gross annuity payment to which the annuitant is entitled for the month preceding the month when TRS issues the payment.

Effective date: Immediately

SB 2224 – TRS Written Funding Policy

Huffman Requires the TRS board to adopt a written funding policy that details a plan for achieving a funded ratio that is equal to or greater than 100%, maintain a copy for public review, and file a copy of the policy and any changes with the Pension Review Board. The policy must be adopted

by January 1, 2020.

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Effective date: September 1, 2019

SCHOOL SAFETY HB 771 – Placement of Warning Signs in School Zones that Prohibit Cellphone Use

Davis, Sarah Expands the law to allow other entities to enforce, purchase, and install signs in school zones that prohibit the use of cellphones in school crossing zones. It replaces the term “political subdivision,” with “local authority.” Allows local authorities to share costs associate with posting the signs.

Allows a school bus operator to use a wireless communication device while operating a bus with a minor passenger if it’s: (1) in the performance of the operator’s duties as a bus driver; and (2) in a manner similar to using a two-way radio.

Effective date: September 1, 2019

HB 2195 – Active Shooter Emergency Policy

Meyer Requires school districts to include in its multihazard emergency operations plan a policy for responding to an active shooter emergency. Allows school districts to use any available community resources in developing the policy. Requires school district peace officers and school resource officers to complete an active shooter response training program approved by the Texas Commission on Law Enforcement. The training must be completed as soon as practicable after the effective date of this Act but no later than August 31, 2020.

Effective date: Immediately

HB 4342 – Texas School Safety Center

Clardy Adds a member who is a registered professional architect and a member of the Texas Society of Architects to the Texas School Safety Center Board of Directors and increases the number of public members from two to three.

Effective date: September 1, 2019

HB 961 – School Nurses and Public-School Concussion Oversight Teams

Howard Requires a school district or open-enrollment charter school that employs a school nurse who requests to be a member of the school concussion oversight team to permit the nurse to do so.

Adds to the list of professionals who can make the decision to remove a student from an 52

interscholastic athletics practice or competition due to a suspected concussion. Requires a school nurse who serves as a member of a concussion oversight team to take the training required for the other members of the team. Prohibits a school nurse who is not in compliance with the training requirements from serving on a concussion oversight team in any capacity.

Earliest effective date: Immediately

SB 11 – Mental Health and School Safety in Public Schools

Taylor Requires the commissioner of education to adopt or amend rules for school districts and charter schools to ensure building standards for instructional and other school facilities provide a secure and safe environment. The commissioner must include best practices for the design and construction of new facilities, and the improvement, renovation, and retrofitting of existing facilities. Provides that the commissioner must review and update these rules no later than September 1 of each even-numbered year.

District Improvement Plan Requires districts to include a trauma-informed care provision in the District Improvement Plan.

Curriculum Adds physical health, mental health and suicide prevention to the state’s health curriculum standards. Provides that the SBOE must require school districts to incorporate instruction in digital citizenship and the consequences of cyberbullying into the district’s curriculum.

School Health Advisory Council (SHAC) Requires SHACs to include suicide in prevention policies, procedures, and curriculum. SHACs must make policy recommendations to school districts to increase parental awareness of suicide-related risk factors and warning signs and available community suicide prevention services.

Officer Training Requires all school districts that commission district peace or resource officers to adopt a policy requiring the completion of education and training program required under Sec. 1701.263, Occupations Code.

Multihazard Emergency Operations Plan (MEOP) Requires a school district to include “prevention” in its plan as defined by the Texas School Safety Center (TSSC) in conjunction with the governor’s office of homeland security and the commissioner of education. MEOPs must provide for training in responding to an emergency for district employees, including substitute teachers. The plan must also include measures to ensure district employees and substitute teachers have classroom access to a telephone, including a cellphone, or another electronic communication device that allows for immediate contact with district emergency services or emergency services agencies, law enforcement agencies, health departments, and fire departments. Measures to ensure district 53

communications technology and infrastructure are adequate to allow for communications during an emergency are also required.

Requires trustees of a school district to sign the school safety and security audit report submitted to the TSSC. Requires districts to certify in the audit that the district used funds provided by the school safety allotment and that those funds were used only for improving school safety and security as provided by Sec. 41.168, Texas Education Code.

Each MEOP must include: (1) a chain of command that designates the individual responsible for making final decisions during a disaster or emergency situation and identifies other individuals responsible for making those decisions if the designated person is unavailable; (2) provisions that address physical and psychological safety for responding to a natural disaster, active shooter, and any other dangerous scenario identified by TEA or TSSC; (3) provisions for ensuring the safety of students in portable buildings; (4) provisions for ensuring that students and district personnel with disabilities are provided equal access to safety during a disaster or emergency situation; (5) provisions to provide immediate notification to parents, guardians, and others standing in parental relation in situations involving significant threat to the health and safety of students, including the identification of the individual responsible for the notification.

The plan must also include provisions for supporting the psychological safety of students, district personnel, and the community during the response and recovery phase following a disaster or emergency situation that: (1) are aligned with best practice-based programs and research under Sec. 161.325, Health and Safety Code; (2) include strategies ensuring professional development training for suicide prevention and grief-informed and traumainformed care to appropriate personnel; (3) include training on integrating psychological safety, including suicide prevention such as psychological first aid for school training from an approved list of recommended trainings established by the commissioner and TSSC for members of the district’s school safety/security committee, counselors/mental health professionals, educators and other district personnel as determined by the district.

The plan must also include strategies and procedures for integrating and supporting physical and psychological safety that implement trauma-informed policies. The plan must require a policy that provides a substitute teacher with access to school buildings and materials necessary for the substitute teacher to carry out the duties of a district employee during an emergency or mandatory emergency drill and the name of each individual on the school district’s school safety and security committee established and the date of each committee meeting during the preceding year.

If a school district does not comply with the MEOP, the board of trustees must hold a public meeting hearing to notify the public of the districts’ failure to submit or correct deficiencies in the plan or to report the results of a safety and security audit to TSSC. The trustees must also notify the public of the dates during which the district was not in compliance and the names of the trustees and superintendent serving during those dates of noncompliance. Requires the trustees to give members of the public a reasonable opportunity to speak on the issue of the 54

district’s failure to submit or correct deficiencies in its MEOP or report the results of the safety and security audit. Districts must provide written confirmation to the TSSC that it has held the hearing.

If TEA receives notice from the TSSC of a school district’s failure to submit a MEOP, the commissioner of education may appoint a conservator for the district who can order the district to adopt, implement, and submit a plan. If the district fails to comply with the order within the time frame imposed by the commissioner, the commissioner may appoint a board of managers to oversee the operations of the district.

District Multihazard Emergency Operations Plan Review and Verification Requires the TSSC to establish a random or need-based cycle for the center’s review and verification of a school district’s MEOP. The cycle must provide for each district’s plan to be reviewed at regular intervals as determined by the TSSC. Requires a district to submit its MEOP to the center on request of the center. Requires the center to review a district’s plan and verify the plan meets all requirements or provide the district with written notice describing the plan’s deficiencies and stating that the district must correct the deficiencies and resubmit the plan. If a district fails to submit its plan, the center must provide the district with written notice stating that the district has failed to submit a plan and that the district must submit a plan to the center for review and verification.

Allows the TSSC to approve a district’s plan that has deficiencies if the district submits a revised plan that the center determines will correct the deficiencies.

If three months after the date of initial notification of a plan’s deficiencies or failure to submit a plan, a district has not corrected the deficiencies or has failed to submit a plan, the center must provide written notice to the district and TEA that the district has not complied with the requirements and must comply immediately.

If a school district fails to correct the plan deficiencies or has failed to submit a plan six months after the date of the initial notification, the center must provide written notice to the school district stating that the district must hold a public hearing. If a school district has failed to submit a plan, the notice must state that the commissioner of education is authorized to appoint a conservator. Any document or information produced during the review and verification of MEOPs is not subject to disclosure under Sec. 552, Texas Government Code.

School Safety and Security Committee Adds additional members to the committee that must include to the extent practicable: (1) one or more representatives of an office of emergency management of a county or city in which the district is located; (2) one or more representative of the local police department or sheriff’s office; (3) one or more representatives of the district’s police department, if applicable; (4) the president of the school board; (5) a member of the board that is not the president; (6) the district’s superintendent; (7) one or more designees of the district’s superintendent, one of whom must be a classroom teacher in the district; (8) if the district partners with an open55

enrollment charter school to provide instruction to students, a member of the charter school’s governing body or its designee; and (9) two parents or guardians of students enrolled in the district.

Provides that the committee must periodically provide recommendations to the district’s board of trustees and district administrators regarding updating the district’s MEOP in accordance with best practices identified by TEA, TSSC, or a person in the registry established by TSSC. The committee must consult with local law enforcement agencies on methods to increase law enforcement presence near district campuses.

The committee must meet at least once during each semester and once during the summer.

Schools operating on a year-round schedule must meet at least three times during each calendar year, with an interval of at least two months between each meeting.

The committee is subject to the Texas Open Meetings Act and may meet in executive session.

Notice of a committee meeting must be posted in the same manner as notice of a meeting of the district’s board of trustees.

Notification Regarding Bomb Threat or Terroristic Threat Requires a school district that receives a bomb threat or terroristic threat relating to a campus or other district facility at which students are present to provide notification of the threat as soon as possible to the parent or guardian of each student who is assigned to the campus or who regularly uses the facility.

Emergency Evacuations; Mandatory School Drills Requires the commissioner, in consultation with the TSSC to adopt rules: (1) providing procedures for evacuating and securing school property; and (2) designating the number of mandatory school drills to be conducted each semester (not to exceed eight drill), including designating the number of evacuation fire exit drills, and lockdown, lockout, shelter-in-place, and evacuation drills.

Threat Assessment and Safe and Supportive School Program and Team Requires school board trustees to establish a threat assessment and safe and supportive school team to serve at each campus in the district and to adopt policies and procedures for the teams. The team is responsible for developing and implementing the safe and supportive school program at the district campus served by the team. The policies and procedures must: (1) be consistent with the model policies and procedures developed by the TSSC; (2) require each team to complete the training provided by TSSC or ESC regarding evidenced-based threat assessment programs; and (3) require each team to report information on its activities to TEA. Requires the superintendent to ensure that the members appointed to each team have expertise in counseling, behavior management, mental health and substance use, classroom instruction, special education, school administration, school safety and security, emergency

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management, and law enforcement. A team may serve more than one campus in a school district provided that each district campus is assigned a team.

Allows superintendents to establish a committee, or assign an existing committee established by the district, with the responsibility to oversee the operation of these teams. A committee with oversight must include members with expertise in human resources, education, special education, counseling, behavior management, school administration, mental health and substance use, school safety and security, emergency management, and law enforcement.

Requires each team to conduct a threat assessment, which includes assessing and reporting individuals who make threats of violence or exhibit harmful, threatening, or violent behavior and gathering and analyzing data to determine the level of risk and appropriate intervention, including referring a student for mental health assessment and implementing an escalation procedure in accordance with district policy. The team must also provide guidance to students and school employees on recognizing harmful, threatening, or violent behavior that may pose a threat to the community, school, or individual and support the district in implementing its MEOP. Prohibits the team from providing mental health care service to a student who is under 18 years old without written consent from the parent or guardian of the student. The consent must be submitted on a form developed by the school district that complies with all applicable state and federal laws. Provides that a parent may give consent for a student to receive ongoing services or limit consent to one or more services provided on a single occasion.

Once it has been determined that a student or other individual poses a serious risk of violence to him/herself or others, a team must immediately report this determination to the superintendent. If the individual is a student, the superintendent must immediately attempt to inform the parents or legal guardians. This does not prevent an employee from acting immediately to prevent an imminent threat or respond to an emergency.

A team identifying a student at risk of suicide must act in accordance with the district’s suicide prevention program. If the student at risk of suicide also makes a threat of violence to others, the team must conduct a threat assessment in addition to action taken in accordance with the district’s suicide prevention program.

A team identifying a student using or possessing tobacco, drugs, or alcohol must act in accordance with the district’s policies and procedures related to substance use prevention and intervention.

Requires teams to report to TEA: (1) the occupation of each person appointed to the team; (2) the number of threats and a description of the threats reported to the team; and (3) the outcome of each assessment made by the team, including any disciplinary action taken, any action taken by law enforcement or referral to or change in counseling, mental health, special education, or other services.

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Teams must also report the total number, disaggregated by student gender, race, and status as receiving special education services, being at risk of dropping out of school, being in foster care, experiencing homelessness, being a dependent of military personnel, being pregnant or a parent, having limited English proficiency, or being a migratory child, in connection with an assessment or reported threat by the team: (1) citations issued for class C misdemeanors; (2) arrests; (3) incidents of uses of restraints; (4) changes in school placement, including placement in a juvenile justice alternative education program or disciplinary alternative education program; (5) referrals to or changes in counseling, mental health, special education, or other services; (6) placements in in-school suspension or out-of-school suspension and incidents of expulsion; (7) unexcused absences of 15 or more days during the school year; and (8) referrals to juvenile court for truancy.

Additionally, teams are required to report the number and percentage of school personnel trained in: (1) a best-practices program or research-based practice, including the number and percentage of personnel trained in suicide prevention or grief and trauma-informed practices; (2) mental health or psychological first aid for schools; (3) training relating to the safe and supportive school program; or (4) any other program relating to the safety identified by the commissioner of education.

In addition to reviewing school district MEOPs, the TSSC may require a district to submit its plans for immediate review if the district’s audit results indicate that the district is not complying with applicable standards. If a district fails to report the results of its audit, TSSC must provide the district with written notice that the district has failed to report its audit results and must immediately report the results to the center.

Trauma-Informed Care Policy Requires districts to adopt and implement a policy requiring the integration of trauma-informed practices in each school environment. Provides that a policy in the District Improvement Plan must address: (1) using resources developed by TEA for increasing staff and parent awareness of trauma-informed care and implementation of trauma-informed practices and care by district and campus staff; and (2) available counseling options for students affected by trauma or grief.

Training in these areas must be provided: (1) through a program selected from a list established under Sec. 161.325, Health and Safety code; (2) as part of any new employee orientation for all new school district educators; and (3) to existing school district employees on a scheduled adopted by TEA. Requires districts to maintain records that include the name of each staff member who participated in the training.

Requires school districts to annually report to TEA district and campus information related to the number of teachers, principals, and counselors employed by the district who have completed the training and the total number of teachers, principal, and counselors employed by the district.

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Allows districts that do not have sufficient resources to provide this training the option to partner with a community mental health organization to provide the necessary training at no cost to the district.

Operation and Instructional Time Waivers for School Safety Training Requires the commissioner of education to provide a waiver allowing for fewer minutes of operation and instruction for a district that requires each educator to attend an approved school safety training course. The waiver must allow sufficient time for the educators to attend the safety training course and may not result in an inadequate number of minutes of instructional time or reduce the time by more than 420 minutes. To receive this waiver, a district muse use a school safety course approved by the Texas School Safety Center.

Rubric to Identify Resources Requires TEA to develop a rubric for use by ESCs in identifying resources related to student mental health that are available to school districts in their regions. The rubric must identify resources relating to: (1) training and technical assistance on practices that support the mental health of students; (2) school-based programs that provide prevention or intervention services to students; (3) community-based programs that provide school-based or school-connected prevention or intervention services to students; (4) Communities in Schools programs; (5) school-based mental health providers; and (6) public and private funding sources available to address the mental health of students. TEA must revise the rubric every other year to reflect changes in resources that may be available to schools and provide the rubric to ESCs. Regional Inventory of Mental Health Resources Requires ESCs to use the rubric developed by TEA to identify resources related to student mental health available to schools in the center’s region, including evidenced-based and promising programs that: (1) create school environments that support the social, emotional, and academic development of students; (2) identify students who may need additional behavioral or mental health support before issues arise; (3) provide early, effective interventions to students in need of additional support; (4) connect students and their families to specialized services in the school community when needed; and (5) assist schools in aligning resources necessary to address the mental health of students. Provides that ESCs may consult with any entity in identifying resources including school districts, mental health authorities, community mental health services providers, education groups, institutions of higher education, and hospitals. Requires ESCs to use the revised rubric from TEA by March 1 of evennumbered years and submit a report to the agency on the resources identified.

Statewide Inventory of Mental Health Resources Requires TEA to develop a list of statewide resources available to school districts to address the mental health of students, including: (1) training and technical assistance on practices that support the mental health of students; (2) school-based programs that provide prevention or intervention services to students; (3) community-based programs that provide school-based or school-connected prevention or intervention services to students; (4) school-based mental health providers; and (5) public and private funding sources available to address the mental 59

health of students. Provides that TEA must collaborate with various agencies, commissions, Communities in Schools, hospitals, health care providers, and advocacy groups among others.

Statewide Plan for Student Mental Health Requires TEA to develop a statewide plan to ensure all students have access to adequate mental health resources. The plan must include: (1) a description of revisions made to the rubric used by ESCs; (2) the most recent regional inventory of mental health resources; (3) the results of the most recent statewide inventory of mental health resources; (4) TEA’s goals for student mental health access to be applied across the state; (5) a list of actions the commissioner may take without legislative action to help all school districts reach the agency’s goals; and (6) recommendations to the Legislature on methods to ensure that all districts can meet the agency’s goals described in the plan through legislative appropriations or action by the Legislature.

In developing the agency’s goals, TEA must consult with any person the agency believes is necessary to the development of the goals including educators, mental health practitioners, advocacy groups, and parents. Requires TEA to revise the plan before April 1 of each evennumbered year. After revising or completing the plan, TEA must submit an electronic copy of the plan to the Legislature, post the plan on the agency’s website, and hold public meetings on the statewide plan in each ESC with an opportunity for public comment.

Reports to the Legislature Requires TEA to report to the Legislature any changes the agency has made to the rubric and an analysis of each region’s progress toward meeting the agency’s goals by November 1 of evennumbered years.

School Safety Allotment The amount appropriated by the Legislature during the 2019 session is estimated at $9.72 per average daily attendance (ADA) (HB 1). From funds appropriated by the Legislature, the commissioner must provide an annual allotment for each student in ADA. Requires these funds be used to: (1) improve school safety and security, including costs associated with securing school facilities including improvements to school infrastructure, the use or installation of school barriers, the purchase and maintenance of security cameras or other security equipment, technology, including communications systems that facilitate communication and information sharing between students, school personnel, and first responders; (2) provide security for the district, including employing school district peace officers, private security officers, school marshals, and collaborating with law enforcement agencies, such as entering into a memorandum of understanding for the assignment of school resource officers; (3) school safety and security training and planning, including active shooter and emergency response training, prevention and treatment programs related to addressing adverse childhood experiences; and (4) providing programs related to suicide prevention, intervention, and postvention. Allows districts to use these funds for equipment or software that is used for school safety and security purposes and as an instructional purpose if the instructional use does not compromise the safety and security of the equipment or software.

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Allows districts to issue bonds for retrofitting school buses with emergency, safety or security equipment, and for the purchase or retrofitting of vehicles to be used for emergency, safety, or security purposes.

Texas Child Mental Health Care Consortium Creates the Texas Child Mental Health Care Consortium, in order to leverage expertise and capacity of designated health-related institutions of higher education to address urgent mental challenges and improve the mental health care system in Texas in relation to children and adolescents.

Effective date: September 1, 2019

SPECIAL POPULATIONS HB 165 – Endorsements for Students Enrolled in Special Education Programs

Bernal Permits a student enrolled in a special education program to earn an endorsement on the student’s transcript by successfully completing, with or without modification of the curriculum: (1) all curriculum requirements for graduation identified by the SBOE; and (2) the additional endorsement curriculum requirements prescribed by the SBOE. Mandates any curriculum modifications be sufficiently rigorous as determined by the student’s ARD committee. Requires the ARD committee to determine whether a student is required to achieve satisfactory performance on an EOC exam to earn an endorsement.

Earliest effective date: Immediately (applies beginning with the 2019–2020 school year)

HB 706 – Eligibility of Certain Children for Audiology Services

Bernal Provides that a child is eligible to receive audiology services provided under the school health and related services program if the child is 20 years of age or younger, has a disability or chronic medical condition, is eligible for Medicaid, and has been prescribed the services under individual education program (IEP) or Section 504 plan. Requires the Health and Human Services Commission to provide reimbursement to a provider for such audiology services.

Mandates the Health and Human Services Commission in consultation with TEA adopt rules necessary to implement the provisions.

Earliest effective date: September 1, 2019

HB 2184 – Student Transition from Alternate Education Program (AEP) to Regular Classroom Allen

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Specifies that reference to an AEP applies to: DAEPs, JJAEPs, residential programs or facilities operated by or under contract with the Texas Juvenile Justice Department, and a juvenile board or any other governmental entity. Designates the meaning of “licensed clinical social worker” as it is defined in Occupations Code.

Requires that as soon as practicable after an AEP determines the date of a student’s release, the AEP administrator provide written notice of that date to the student’s parent or person standing in parental relation to the student and to the administrator of the campus to which the student intends to transition. Mandates that the AEP administrator provide the campus administrator with an assessment of the student’s academic growth while attending the AEP and the results of any assessment administered to the student.

Requires that not later than five instructional days after release from the AEP, the campus administrator coordinate the student’s transition to a regular classroom, including assistance and recommendations from: school counselors; district peace officers; school resource officers; licensed clinical social workers; campus behavior coordinators; classroom teachers responsible for implementing the student’s Personalized Transition Plan (PTP); and any other appropriate district personnel.

Mandates the PTP include recommendations for the best educational placement of the student. Permits the plan to also include recommendations for counseling, behavioral management or academic assistance with a concentration on academic or career goals; assistance for obtaining access to mental health services; information to the parent or guardian about the process to request a special education evaluation; and a regular review of the student’s progress toward academic or career goals. Allows that, if practicable, the campus administrator meet with the parent or guardian to coordinate plans for transition. Applies these provisions only to a student subject to compulsory attendance requirements.

Earliest effective date: Immediately (applies beginning with the 2019–2020 school year)

SB 139 – Notice of Educational Rights and Referral Process for Special Education Services

Rodriguez Requires TEA to develop a notice for distribution and posting on the agency website that indicates the change made from 2016 to 2017 in reporting requirements for school districts and open-enrollment charter schools regarding the special education representation indicator in the PBMAS system. Mandates that the notice also include, in plain language, the rights of a child under both federal and state law and the process to initiative referral of a child to determine the child’s eligibility for special education services.

Requires a school district or open-enrollment charter school to include in the TEA-developed notice information on where local processes and procedures for initiating a referral for special education services eligibility can be found.

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Requires the commissioner to establish a date by which each district or charter school must provide the notice to the parent of each child attending school at any time during the 2019– 2020 school year, available in English and Spanish, with a good faith effort to provide it in the parent’s native language if necessary. Allows the commissioner to adopt rules if necessary.

Expires this notice provision on September 1, 2023.

Earliest effective date: Immediately

SB 522 – Individualized Education Program (IEP) for a Student with Visual Impairment

Zaffirini Replaces the term “functionally blind” with the term “visually impaired” in Education Code that refers to a student with a visual impairment. Requires that an IEP for such a student include instruction in braille, unless the student’s ARD Committee determines and documents that braille is not an appropriate literacy medium for the student. Mandates that the ARD committee’s determination be based on an evaluation of the student’s appropriate literacy media and literacy skills and the student’s current and future instructional needs. Requires braille instruction be provided by a teacher certified to teach students with visual impairments.

Provides that each person assisting in the IEP of a student with a visual impairment receive information regarding the benefits of braille instruction.

Earliest effective date: Immediately (applies beginning with the 2019–2020 school year)

SB 2075 – Compliance with Dyslexia Screening and Other Reading Related Requirements

Paxton Requires the commissioner of education to develop a notification program by rule in which a school district must notify the parent or guardian of each student, determined on the basis of a screening or reading instrument result, to have dyslexia or a related disorder, of the Texas State Library and Archives Commission that provides students with reading disabilities the opportunity to borrow audiobooks free of charge.

Requires TEA by rule to develop procedures to audit, monitor, and conduct periodic site visits to ensure compliance with dyslexia statute; identify any problems with compliance; and, develop reasonable and appropriate remedial strategies to address a school district’s noncompliance and ensure the purposes of this section of Texas Education Code are accomplished. Requires the SBOE to adopt rules and standards as necessary. Mandates that TEA is required only to implement these provisions if the Legislature appropriates money specifically for that purpose. Allows TEA to implement a provision of this Act using other appropriations available for that purpose.

Earliest effective date: Immediately (applies beginning with the 2019–2020 school year)

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STUDENT DISCIPLINE HB 65 – Reporting School Disciplinary Actions

Johnson, Eric Requires school districts to report the following for each out-of-school suspension: (1) information identifying the student, including the student’s race, sex, and date of birth, to enable the agency to compare placement data with information collected through other reports; (2) information indicating the basis for the suspension; (3) the number of full or partial days the student was suspended; and (4) the number of out-of-school suspensions that were inconsistent with the guidelines included in the student code of conduct under Sec., Texas Education Code 37.001(a)(3).

Effective date: Immediately (applies beginning with the 2019-20 school year)

HB 548 – Reporting Truancy Information

Canales Require the commissioner of education and the executive commissioner of the Health and Human Services Commission (HHSC) to ensure that the language acquisition of each child 8 years old or younger who is deaf or hard of hearing is regularly assessed using a valid tool or assessment. By August 31 of each year a report must be prepared that includes data reported in compliance with federal law regarding children with disabilities and information related to the language acquisition of children who are deaf or hard of hearing and also have other disabilities. The report must also state for each child the instructional arrangement used with the child, including the time the child spends in mainstream instructional settings, the specific language acquisition services provided to the child including the time spent providing those services and a description and type of any hearing amplification used, the period of time the child has access to the amplification daily, and the amount of time the child uses the hearing amplification each day. Additionally, the report must include the tools, assessments and results used in determining the child’s language acquisition, the preferred communication mode, along with the child’s age, race, gender, age the child was identified as being deaf or hard of hearing, and any other relevant demographic information the commissioner determines to likely correlate with or have an impact on the child’s language acquisition. The report must compare progress in English literacy made by children who are deaf or hard of hearing to progress in that subject by children of the same age who are not deaf or hard of hearing by appropriate age range, and comply with federal student privacy laws.

Requires the commissioner of education, the executive commissioner of the HHSC, and the Education Research Center on Deafness at the Texas School for the Deaf to enter into a memorandum of understanding regarding the identification of experts in deaf education and the determination of the tools and assessments that are valid and reliable in assessing the language acquisition of these children. The initial report must be prepared and reported on the agency, division, and center websites by December 1, 2020.

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Requires school districts and open-enrollment charter schools to report through PEIMS information disaggregated by campus and grade regarding: (1) the number of children who fail to attend school without an excuse for 10 or more days or parts of days within a six-month period in the same school year; (2) the number of students the district initiates truancy prevention measures; and (3) the number of parents of students against who an attendance officer or other appropriate school official has filed a complaint for a parent contributing to nonattendance. Requires the commissioner to adopt rules related to these requirements by January 1, 2020.

Effective date: September 1, 2019

HB 692 – Suspension of Homeless Students

White Prohibits school districts and open-enrollment charter schools from placing homeless students in out-of-school suspension unless the student engages in conduct that includes weapons, violence, drugs or alcohol on school property or during a school-related activity.

Provides that a campus behavior coordinator may coordinate with the school district’s homeless education liaison to identify appropriate alternatives to out-of-school suspension for homeless students.

Effective date: September 1, 2019 (applies beginning with the 2019-20 school year)

HB 811 – Determining Appropriate Disciplinary Action

White Requires school districts to consider a student’s status in foster care or as homeless when determining disciplinary decisions.

Effective date: Immediately (applies beginning with the 2019-20 school year)

HB 906 – Public School Mental Health Services

Thompson Creates the Collaborative Task Force on Public School Mental Health Services to study and evaluate mental health services that are funded by the state and provided at a school district or charter school to a parent or family member or person standing in parental relation to a student and employees of the district. The task force will evaluate training provided to an educator to provide mental health services and the impact the mental health services have on: (1) the number of violent incidents that occur at a school district or open-enrollment charter school; (2) the suicide rate of the individuals who are provided the mental health services; (3) the number of public school students referred to the Department of Family and Protective Services for investigation services and the reasons for those referrals; (4) the number of individuals who are transported from each district or open-enrollment charter school for an

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emergency detention; and (5) the number of public school students referred to outside counselors.

The task force will be led by the commissioner of education or the commissioner’s designee.

The following members will be appointed by the commissioner: (1) three parents of students who are enrolled in a school district or open-enrollment charter school that receives mental health services funded by the state; (2) one person who provides mental health services that is funded by the state and who is a licensed professional counselor or clinical social worker, or a certified school counselor; (3) a psychiatrist; (4) two persons who are school district administrators that provide mental health services; (5) one person who is a member of a foundation that invests in mental health services that are funded by the state; (6) a person employed by an institution of higher education; and (7) a person who is a licensed specialist in school psychology. The commissioner is the interim presiding officer for purposes of calling and conducting the initial meeting and the task force will select a presiding officer from among its members for the purpose of calling and conducting meetings. Requires the task force to meet at least twice per year and may conduct meetings via teleconference.

Requires the commissioner of education to designate one institution of higher education (IHE) with experience in evaluating mental health services to serve as the lead institution for the task force. Requires the designated IHE to provide faculty, staff, and administrative support services to the task force. Provides that the commissioner must designate two IHEs with experience in evaluating mental health services to assist the task force and lead IHE. On request of the task force, TEA; and a school district or open-enrollment charter school must provide information or other assistance to the task force. TEA must maintain the date the information was collected by the task force and the work product of the task force.

The task force must gather data on: (1) the number of students enrolled in each school district and open-enrollment charter school; (2) the number of individuals to whom each school district or open-enrollment charter school provides mental health services funded by the state; (3) the number of individuals for whom each school district or open-enrollment charter school has the resources to provide state funded mental health services; (4) the number of individuals who are transported from each school district or open-enrollment charter school for an emergency detention; and (5) the race, ethnicity, gender, special education status, educationally disadvantaged status, and geographic location of individuals provided state-funded mental health services, individuals that are referred to an inpatient or outpatient mental health provider; and the number of individuals who are transported from each school district or openenrollment charter school for an emergency detention.

The task force must study, evaluate, and make recommendations regarding the mental health services funded by the state, the training to an educator provided by an employee of the district or school, and the impact of those mental health services.

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Provides that the task force must ensure that data gathered, information studied, and evaluations comply with state and federal privacy laws.

Requires the task force to submit a report of its activities and recommendations to the governor, lieutenant governor, speaker of the House, and to TEA by November 1 of each evennumbered year.

Effective date: Immediately

HB 1143 – Transportation and Storage of Firearms

Hefner Prohibits a school district or open-enrollment charter school from regulating the manner in which a handgun, firearm, or ammunition is stored in a vehicle by a person who holds a license to carry a handgun as long as they are not in plain view.

Effective date: September 1, 2019 (applies beginning with the 2019-20 school year)

HB 1387 – Number of School Marshals Allowed

Hefner Allows school districts and open-enrollment charter schools to appoint one or more individuals for each campus to act as a school marshal. Removes language related to the ratio of students to marshals and campus buildings to marshals.

Effective date: September 1, 2019

HB 3012 – Provision of Educational Services to Students in Alternative Education Settings

Talirico Requires a school district to provide to a student who has been placed in an in-school or out-ofschool suspension alternative means of receiving all foundation course work that the student misses as a result of the suspension. Mandates that the district provide at least one option that does not require use of the internet.

Provides that a student who is expelled for conduct that contains elements of a terroristic threat as described by Sec. 22.07(c-1), (d), or (e) Penal Code must be placed in a juvenile justice alternative education program (JJAEP).

Earliest effective date: Immediately (applies beginning with the 2019-2020 school year)

HB 3145 – Rights of a Parent Appointed as Conservator of a Child to Attend School Activities

Toth Amends the Family Code to permit a person appointed as a conservator of a child to attend school activities, including school lunches, performances, and field trips.

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Earliest effective date: Immediately

HB 3630 – Prohibition of Certain Aversion Techniques on Students

Meyer Defines an “aversion technique” as a technique or intervention designed to or likely to cause physical pain, other than use of corporal punishment as provided by statute. Provides 13 examples of such techniques and interventions. Prohibits a school district or school district employee or volunteer or an independent contractor of a school district from applying an aversive technique, or by authorization, order, or consent, causing an aversion technique to be applied, to a student. Permits an aversion technique to be used if executed in a manner that does not cause the student pain or discomfort, or if it complies with the student’s IEP or behavior intervention plan. Does not prohibit a teacher from removing a student from class under TEC Sec. 37.002. Requires the commissioner to adopt procedures and provide guidance to school district employees, volunteers, and independent contractors of school districts to avoid violation of the prohibition of aversion techniques.

Earliest effective date: Immediately (applies beginning with the 2019-2020 school year)

SB 712 – Prohibition of Certain Aversive Techniques on Students

Lucio Prohibits the use of aversion techniques by a school district, school district employee, or volunteer or an independent school district contractor. Defines aversion technique as a technique or intervention that is intended to reduce the likelihood of a behavior reoccurring by intentionally inflicting on a student significant physical or emotional discomfort or pain, including actions: 1) designed to cause physical pain; 2) causing physical pain through the use of electric shock or pressure points or joint locks; 3) involving directed release of noxious or toxic substances near a student’s face; 4) denying adequate sleep, air, food, water, shelter, bedding physical comfort, or access to a restroom facility; 5) ridiculing or demeaning a student in a manner that adversely affects or endangers the learning or mental health of a student or constitutes verbal abuse; 6) employing a device, material, or object that simultaneously immobilizes all four extremities; 7) impairing a student’s breathing through specified procedures; 8) restricting a student’s circulation; 9) securing a student to a stationary object; 10) inhibiting, reducing, or hindering a student’s ability to communicate; 11) involving the use of a chemical restraint; 12) constituting a use of timeout that precludes a student from progress in required curriculum or toward IEP goals, including isolating the student with the use of physical barriers; and, 13) depriving the student of the use of one or more senses.

Allows an aversive technique to be used if executed in a manner that does not cause a student discomfort or pain; and, complies with a student’s IEP or behavior intervention plan. States that this provision does not prevent a teacher from removing a student under current discipline statute under TEC, Sec. 37.002.

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Requires the commissioner of education to provide guidance to school district employees, volunteers, and independent contractors in avoiding a violation of these provisions.

Earliest effective date: Immediately (applies beginning with the 2019-2020 school year)

SB 1306 – Posting of Primary Contact for Student Discipline

Kohlkorst Requires a school district to post on the district’s internet website the email address and dedicated phone number of a person who is clearly identified, for each district campus, as: (1) the campus behavior coordinator designated under TEC, Sec. 37.002; or (2) if the district has been designated as a District of Innovation and is exempt from the requirement under its local innovation plan, a campus administrator designated as being responsible for student discipline.

Earliest effective date: Immediately (applies beginning with the 2019–2020 school year)

SB 1707 – School District Peace Officer Duties

Lucio Requires school board trustees, in coordination with district campus behavior coordinators and other district employees, to determine the law enforcement duties of peace officers, school resource officers (SRO), and security personnel. The duties must be included in the district’s improvement plan, the student code of conduct, any memorandum of understanding (MOU) providing for a SRO, and any other campus or district document describing the role of peace officers, SROs, or security personnel in the district. Prohibits districts from assigning or requiring as duties of peace officers, SROs, or security personnel: (1) routine student discipline or school administrative tasks; or (2) contact with students unrelated to law enforcement duties. This does not prohibit them from informal contact with a student.

Effective date: Immediately

SB 2432 – Mandatory Student Removal from School

Taylor Provides that a student who engages in conduct that contains the elements of the offense of harassment under TEC 42.07(a)(1), (2), (3), or (7) of the Penal Code shall be removed to a DAEP. Effective date: September 1, 2019 (applies beginning with the 2019-20 school year)

SB 2135 – Information Law Enforcement Agencies Must Provide to School Districts

Powell Expands the scope of information that law enforcement must provide to school districts regarding students who have been arrested. Requires law enforcement to provide to the superintendent or designee information relating to the student that is requested for the purpose of conducting a threat assessment or preparing a safety plan relating to that student.

Allows school boards to enter into a memorandum of understanding (MOU) with a law 69

enforcement agency regarding the exchange of information relevant to conducting a threat assessment or preparing a safety plan. Absent a MOU, the information requested by the superintendent or designee must be considered relevant. This information cannot be used in determining discipline placements.

Effective date: September 1, 2019

STUDENT HEALTH HB 18 – Mental Health in Public Schools and Training Price

Changes the definition of “mental health condition” to mean a persistent or recurrent pattern of thoughts, feelings, or behaviors that: (1) constitutes a mental illness, disease or disorder, other than or in addition to epilepsy, substance abuse, or an intellectual disability; or (2) impairs a person’s social, emotional, or educational functioning and increases the risk of developing a condition. Defines substance abuse as a patterned use of substance, including a controlled substance as defined by Chapter 481, Health and Safety Code.

Requires the district improvement plan to include strategies for improvement of student performance that include evidence-based practices that address the needs of students for special programs including positive behavior interventions and support that integrate best practices on grief-informed and trauma-informed care. The plan must also include the implementation of a comprehensive counseling program.

Educator Preparation & Continuing Education Requires that educator preparation instruction include effective strategies for teaching and intervening with students with mental health conditions or who engage in substance abuse, including de-escalation techniques and positive behavioral interventions and supports.

Requires continuing education requirements for classroom teachers to include at least 25% of the training required every five years instead of not more than 25% on topics including educating diverse student populations, including special education students and those eligible to receive services under Section 504, Rehabilitation Act, students with mental health conditions or those who engage in substance abuse, and students with intellectual or developmental disabilities.

Provides that continuing education requirements for a principal must provide at least 25% of the training required every five years instead of not more than 25% including instruction regarding effective implementation of a comprehensive school counseling program, mental health programs addressing a mental health condition. It must also include educating diverse student populations including those eligible to receive services under Section 504,

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Rehabilitation Act, students with mental health conditions or those who engage in substance abuse.

Continuing education requirements for a counselor must provide at least 25% of the training required every five years instead of not more than 25% including instruction regarding counseling students concerning mental health conditions and substance abuse, including through the use of grief-informed interventions and crisis management and suicide prevention strategies. The instruction must also include effective implementation of a comprehensive school counseling program.

Requires SBEC to adopt rules that allow an educator to fulfill continuing education requirements by participating in an evidence-based mental health first aid training program or an evidence-based grief informed and trauma-informed care program. The rules adopted by the board must allow an educator to complete a program and receive credit toward continuing education requirements for twice the number of hours of instruction provided under that program, not to exceed 16 hours. Requires the program be offered through a classroom instruction format that requires in-person attendance.

Makes changes to staff development training and requires educators who work primarily outside the area of special education to receive training on suicide prevention, recognizing signs of mental health conditions and substance abuse, strategies for establishing and maintaining positive relationships among students, including conflict resolution. The training must also include how grief and trauma affect student learning and behavior and how evidence-based, grief-informed, and trauma-informed strategies support the academic success of students affected by grief and trauma, and preventing, identifying, responding to, and reporting incidents of bullying.

School Health Advisory Councils (SHAC) Provides that the duties of a SHAC include recommending health education in kindergarten through grade 8, and if the district requires health education for high school graduation, it must be provided in grades 9 through 12. Requires the integration of physical and mental health in the health curriculum. Requires school districts to post a statement of policies and procedures adopted to promote the physical health and mental health of students, related resources available at each campus, contact information for the nearest provider of essential public health services, and the contact information for the nearest local mental health authority. For each campus in the district, a statement of whether the campus has a full-time nurse or fulltime counselor must also be posted.

Comprehensive School Counseling Programs A school counselor must work with the school faculty and staff, students, parents, and the community to plan, implement, and evaluate a comprehensive school counseling program that conforms to the most recent edition of the Texas Model for Comprehensive School Counseling Programs developed by the Texas Counseling Association.

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Authority to Employ or Contract with Nonphysician Mental Health Professional Allows school districts to employ or contract with one or more non-physician mental health professionals. Non-physician mental health professional includes: (1) a psychologist licensed to practice in this state and designated as a health-service provider; (2) a registered nurse with a master’s or doctoral degree in psychiatric nursing; (3) a licensed clinical social worker; (4) a professional counselor licensed to practice in this state; or (5) a marriage and family therapist licensed to practice in this state.

Effective date: December 1, 2019

HB 19 – Mental Health and Substance Use Resources for Schools

Price Requires local mental health authorities (LMHA) to employ a non-physician mental health professional (NPMHP) in each regional Education Service Center (ESC) to serve as a mental health and substance use resource for school districts in that region and in which the LMHA provides services. NPMHPs are prohibited from treating or providing counseling to a student or providing specific advice to school district personnel regarding a student. Participation by school districts in NPMHP training is not required nor is the use of the professional as a resource.

Requires ESCs to provide a NPMHP with space to carry out their duties and provides that the LMHA shall pay the center a reasonable and negotiated fee not to exceed $15,000 annually unless a higher amount is negotiated. NPMHPs are under the supervision of the LMHA. NPMHPs must work collaboratively with ESCs and act as resource for them and school district personnel.

NPMHPs will serve as a resource in the following areas: (1) awareness and understanding of mental health and co-occurring mental health and substance use disorders; (2) implementing initiatives related to mental health or substance use under state law, agency rule, memorandum of understandings (MOU), and related programs; (3) ensuring personnel are aware of recommended best practice-based programs and research-based practices under Sec. 161.325, Health and Safety Code, other treatment and recovery programs available in the school district, and other available public and private mental health and substance use programs provided by the LMHA or the Health and Human Services Commission (HHSC) to support districts, students, and families; (4) facilitating monthly mental health first aid training; (5) facilitating monthly training regarding the effects of grief and trauma and providing support to children with intellectual or developmental disabilities who suffer from grief or trauma; and (6) facilitating monthly training on prevention and intervention programs shown to be effective in helping students cope with pressures to use alcohol, cigarettes, illegal drugs, or misuse prescription drugs.

Requires the LMHA to submit an annual report to the HHSC prior to the last business day of each calendar year regarding the outcomes for school districts and students resulting from

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services by NPMHPs. Requires HHSC to provide a report the following year to the governor, lieutenant governor, speaker of the House, and to certain legislative committees that compiles the information in the reports from LMHAs. Effective date: September 1, 2019

HB 496 – Traumatic Injury Response Protocol and Use of Bleeding Control Stations

Gervin-Hawkins Requires each school district and open-enrollment charter school to develop and annually make available a protocol for school employees and volunteers to follow in the event of a traumatic injury. Mandates the protocol provide for the maintenance and availability of bleeding control stations, stored in easily accessible areas of the campus. Specifies a list of required supplies for the stations in quantities determined by the district superintendent or school director. Requires the protocol be developed as soon as practicable and not later than January 1, 2020.

Requires agency-approved training on the use of the stations be provided to district peace officers, school security personnel, school resource officers who provide law enforcement at the campus, and all other district or school personnel who may be reasonably expected to use a bleeding control station. Mandates that annual instruction on the use of the stations also be provided to students enrolled at the campus in grade 7 or higher. Mandates the agency follow certain criteria when approving a course of instruction and prohibits the instruction from being provided as an online course. Dictates who may provide the course of instruction. Requires the agency to approve a course of instruction not later than October 1, 2019.

Contains a “good faith” liability clause that makes the school district or open-enrollment charter school and their employees immune from civil liability from damages or injuries resulting from a good faith use of a bleeding control station. Prohibits this section of TEC from creating a cause of action against a school district or open-enrollment charter school or the employees or volunteers of the district or school.

Earliest effective date: Immediately

HB 2243 – Use of Unassigned Prescription Asthma Medicine on School Campuses

Oliverson Permits a school board to adopt a policy authorizing a school nurse to maintain and administer unassigned prescription asthma medicine at each campus in the district or school. Requires that the policy provide that the nurse may administer the medicine only if the nurse has written notification from a parent or guardian that the student has been diagnosed with asthma and states that the school nurse may administer the asthma medicine. Mandates that a physician or other person who prescribes asthma medicine provide a standing order for the administration as applicable. Limits administration of the asthma medicine to the school campus only.

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Requires the school district, open-enrollment charter school, or private school that implements a policy to provide written notice to parents of each student enrolled in the district or school, prior to policy implementation. Includes liability provisions.

Requires the executive commissioner of the Health and Human Services Commission, in consultation with the commissioner of education, and with advice from the advisory committee, to adopt rules with specified requirements as appropriate.

Earliest effective date: Immediately

HB 2813 - Statewide Behavioral Health Coordinating Council

Price Establishes the statewide behavioral health coordinating council to develop and monitor implementation of a five-year behavioral health strategic plan, and develop a coordinated biennial statewide health expenditure proposal, among other charges. One representative on the council must be a representative designated by TEA. Effective date: Immediately

HB 3884 – Dissemination of Bacterial Meningitis Information

Wilson Transfers the responsibility of providing information regarding bacterial meningitis from TEA to the Department of State Health Services.

Earliest effective date: Immediately (applies beginning with the 2019-2020 school year)

SB 435 – School Health Advisory Council Recommendations on Opioid Addiction

Nelson Extends the duties of a School Health Advisory Council to include recommendation of appropriate grade levels and curriculum for instruction regarding opioid addiction and abuse, and methods of administering an opioid antagonist, as defined by Sec. 483.101, Health and Safety Code.

Earliest effective date: Immediately

SB 869 – Student Food Allergy Policy Guidelines

Zaffirini Revises state guidelines for the care of public-school students with food allergies that are at risk for anaphylaxis. Requires school districts and open-enrollment charter schools to annually review, and as necessary, revise policy for students with a diagnosed food allergy at risk for anaphylaxis to align with the guidelines developed by the commissioner of state health services. Requires that the guidelines by the commissioner must be kept up to date and be scientifically valid.

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Requires school districts and open-enrollment charter schools to post a summary of the guidelines on the district’s website, including instructions on accessing the complete guidelines document. All forms used by a district or school requesting information from a student, parent, or guardian enrolling a child with a food allergy must include information to access the complete guidelines document.

Prohibits the guidelines from requiring school districts or open-enrollment charter schools to purchase drugs approved by the FDA or make any other expenditure that would result in a negative fiscal impact. The guidelines may not require personnel to administer treatments unless the medication is prescribed for the student.

Creates a committee to assist in updating the commissioner’s guidelines that includes a principal, teacher and superintendent among others.

Effective date: September 1, 2019

SB 981 – Disaster Supplemental Nutrition Assistance

Kolkhorst Requires the Health and Human Services Commission to collaborate with local governments to create a directory of local points of contact, effective communication methods, and a list of possible distribution sites for providing supplemental nutrition assistance benefits to victims of disasters.

Effective date: Immediately

UIL/EXTRA CURRICULAR PROGRAMS HB 76 – Cardiac Assessments of High School UIL Participants

Huberty Requires school districts to provide information about sudden cardiac arrest and electrocardiogram testing for students who are required to complete a physical per policy or rule by the University Interscholastic League (UIL) prior to participating in UIL sponsored/sanctioned events. The information must include notification of the student’s option to request the administration of an electrocardiogram in addition to the physical examination.

Allows a student to request an electrocardiogram from a healthcare professional, including a healthcare professional provided through the student’s patient-centered medical home, a healthcare professional provided through a school district, or another healthcare professional chosen by the parent or person standing in parental relation to the student. The healthcare professional must be licensed by the state and authorized to administer and interpret electrocardiograms under their professional scope of practice under the Texas licensing act.

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Requires the UIL to develop rules that include: (1) criteria that allows a school district to request an exemption from the notice requirement related to information about sudden cardiac arrest and electrocardiogram testing as well as the notification of the option of the student to have an electrocardiogram assessment in addition to a physical examination; (2) variances that allow for a delay of the implementation of the requirement to notify students of the option to request an electrocardiogram; (3) procedures to ensure students receiving the required annual physical examination are notified of the option to request an electrocardiogram; and (4) provisions to ensure that the requirements of this bill are minimum standards that allow districts the option to implement standards that exceed those required under this bill.

Provides that this legislation does not create a cause of action, liability or standard of care, obligation, or duty that provides a basis for a cause of action or liability against a health care professional, the UIL, a school district, or a district officer or employee for the injury or death of a student practicing or participating in a UIL activity based on the administration, interpretation, or reliance on an electrocardiogram or the content or distribution of the information or the failure to distribute the information required under this law.

Effective date: September 1, 2019 (applies beginning with the 2019-20 school year)

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