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The 84th Texas Legislature
Where are we now?
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Charter schools are not subject to the 75,600-minute requirement
Charter schools are not subject to the 75,600-minute requirement. However, state funding is reduced in proportion to the number of minutes by which a charter school’s calendar falls below 75,600 minutes. To receive full funding, a charter school must offer 75,600 minutes (including intermissions and recesses), minus any minutes waived by the TEA in writing, just as a school district is required to. A school day must be at least 420 minutes each day, including intermissions and recesses. Open-enrollment charter schools are not subject to this requirement and may have a shorter school day if their charter so provides.
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HB 2610 What: School Day and Year (as measured in hours)
Law: TEC Rule: TAC (Adoption by Reference: Student Attendance and Accounting Handbook) Who: Not charter schools* When: September 2016 (2017 with a waiver for the school year) *see applicable limitations Charter schools are not subject to the 75,600-minute requirement. However, state funding is reduced in proportion to the number of minutes by which a charter school’s calendar falls below 75,600 minutes. To receive full funding, a charter school must offer 75,600 minutes (including intermissions and recesses), minus any minutes waived by the TEA in writing, just as a school district is required to. A school day must be at least 420 minutes each day, including intermissions and recesses. Open-enrollment charter schools are not subject to this requirement and may have a shorter school day if their charter so provides.
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HB 2186 What: Suicide Training Law: TEC 21.451(d)(3)
Rule: TAC Who: New and Existing Teachers When: Yearly, on or before September 30, 2016. LAW: TEC (d)(3) This requires districts and open-enrollment charter schools to provide suicide prevention training for all new and existing employees on a schedule adopted by TEA. RULE: TAC Suicide Prevention Training: -Each school year, open-enrollment charter schools shall provide suicide prevention training to all new school educators as a part of new employee orientation. -All open-enrollment charter schools shall provide suicide prevention training to all currently employed school district and open-enrollment charter school educators on or by September 30, 2016. -Suicide prevention training that was provided to existing educators by a school district or open-enrollment charter school on or after September 1, 2013, may be used to meet the requirements of this section if the training program is on the recommended best practice-based list maintained by the Department of State Health Services (DSHS), in coordination with the Texas Education Agency (TEA), or is an online program that meets the TEA guidelines for independent review. -shall maintain records that include the name of each educator who participated in the suicide prevention training.
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HB 1842 What: Expedited Amendments; Adverse Action and Informal Review
Law: TEC (b-4), Rule: TAC , (c) Who: Open-enrollment charter schools that want to expand; open-enrollment charter school that are being denied renewal, are being revoked, or are being reconstituted. When: 2015 school year. This law permits a new open-enrollment charter school campus to be established without commissioner approval if it meets certain requirements and the commissioner does not provide a written notice to the charter holder that the commissioner has determined the charter holder has not satisfied requirements under this section. Amendments to TEC § in Section 3 of the bill require the Commissioner to adopt an informal procedure to be used for denying the renewal of an open-enrollment charter. This procedure must allow charter holder representatives to meet with the Commissioner and submit additional information relating to the Commissioner’s decision. In his final decision, the Commissioner must address in writing any information submitted by the charter holder during the informal procedure.
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SB 925 and 934 What: Reading and Math Academies for K-3
Law: TEC and Who: Teachers who are employed at a campus where 50% or more of the students are educationally disadvantaged will be given priority for subsidies for attendance. When: Summers, beginning in 2016 A teacher who successfully completes an academy will be eligible to receive a $350 stipend. A list of priority campuses by ESC region is posted at The agency does not anticipate that funding will be sufficient to allow all teachers at all priority campuses to attend an academy this summer. Consequently, additional prioritization will occur to allow teachers from as many priority campuses as possible to attend academies. Summer 2016 Kindergarten Reading Grade 1 Reading Grade 2 Mathematics Grade3 Mathematics Summer 2017 Grade 2 Reading Grade 3 Reading Grade 4 Reading Grade 5 Reading Kinder/Grad
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SB 972 What: Reading Academies for grades 4 and 5 Law: TEC 21.4554
Who: Teachers who are employed at a campus where 50% or more of the students are educationally disadvantaged will be given priority for subsidies for attendance. When: Summers, beginning in 2017 For teachers who provide reading comprehension instruction to students in grades 4-5. A teacher who successfully completes an academy will be eligible to receive a $350 stipend. A list of priority campuses by ESC region is posted at
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SB 97 What: E-Cigarettes Law: TEC 38.006
Who: Charter schools are required to prohibit possessing, smoking, or using e- cigarettes at a school-related or school-sanctioned activity on or off school property and must ensure that school personnel enforce the policies on school property. When: October 1, 2015 (Note: this should be included in your student code of conduct)
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HB 505 What: Dual Credit Law: TEC 28.009(b) Rule: TAC 4.85 and 4.54
Who: A student may not be limited by administrative code from enrolling in number of dual credit courses or hours in each semester or academic year, or enrolling in dual credit in a specific grade level, if that student is eligible to enroll in a dual credit course. Formerly students were limited to dual credit in 11th and 12th grade, and two courses per semester (unless they demonstrated “outstanding academic performance and capability” or were in an ECHS). This law eliminated those limitations. Note: the student must still be eligible for dual credit by demonstrating “college readiness” through the TSI or one of the exemptions or exceptions listed in Administrative Code. §4.85 (b) Student Eligibility. (1) A high school student is eligible to enroll in academic dual credit courses if the student: (A) demonstrates college readiness by achieving the minimum passing standards under the provisions of the Texas Success Initiative as set forth in §4.57 of this title (B) demonstrates that he or she is exempt under the provisions of the Texas Success Initiative as set forth §4.54 of this title (A) Courses that require demonstration of TSI college readiness in reading and/or writing: (i) if the student achieves a Level 2 final recommended score, as defined by the Texas Education Agency (TEA), on the English II State of Texas Assessment of Academic Readiness End of Course (STAAR EOC); or (ii) if the student achieves a combined score of 107 on the PSAT/NMSQT with a minimum of 50 on the reading test; or (iii) if the student achieves a composite score of 23 on the PLAN with a 19 or higher in English or an English score of 435 on the ACT-Aspire. (B) Courses that require demonstration of TSI college readiness in mathematics: (i) if the student achieves a Level 2 final recommended score, as defined by TEA, on the Algebra I STAAR EOC and passing grade in the Algebra II course; or (ii) if the student achieves a Level 2 final recommended score, as defined by TEA, on the Algebra II STAAR EOC; or (iii) if the student achieves a combined score of 107 on the PSAT/NMSQT with a minimum of 50 on the mathematics test; or (iv) if the student achieves a composite score of 23 on the PLAN with a 19 or higher in mathematics or a mathematics score of 431 on the ACT-Aspire. (3) A high school student is eligible to enroll in workforce education dual credit courses contained in a Level 1 certificate program, or a program leading to a credential of less than a Level 1 certificate, at a public junior college or public technical institute and shall not be required to provide demonstration of college readiness or dual credit enrollment eligibility. (4) A high school student is eligible to enroll in workforce education dual credit courses contained in a Level 2 certificate or applied associate degree program under the following conditions: (A) Courses that require demonstration of TSI college readiness in reading and/or writing: (i) if the student achieves a Level 2 final recommended score, as defined by TEA, on the English II STAAR EOC; or (C) A student who is exempt from taking TAKS or STAAR EOC assessments may be otherwise evaluated by an institution to determine eligibility for enrolling in workforce education dual credit courses.
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HB 181 What: High School Diplomas Law: TEC 28.025 Rule: TAC 74.5
Who: A charter schools is no longer required to print endorsements and performance acknowledgments on high school diplomas. They must still include this information on high school academic achievement records/transcripts. TAC 74.5 might still be pending updates to the website - Academic Achievement Record (Transcript) and High School Diploma. (it was formerly just the AAR (Transcript) Previously, the Minimum Guidance for the AAR document was used to convey all AAR-related guidance. But this hasn’t been updated in YEARS. So they added TAC related to the AAR. They will probably adopt the Minimum Guidance document into this TAC by reference or as an attachment. One day.
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SB 149 What: Individual Graduation Committees
Law: TEC (c-6), , , (b-2), (a-2) Rule: TAC Who: For each 11th or 12th grade student who does not meet standard on one or two required EOC assessments. When: This provision expires September 1, 2017. All questions about SB 149 should be directed to division leadership in Curriculum and Assessment. Shelly Ramos (512) Tony Wilson (512) The next legislative session will determine whether this TEC will remain, be extended, be amended, or be deleted. The TEA graduation webpage: has an FAQ document for IGCs: Individual Graduation Committee Frequently Asked Questions--updated October 13, 2015 (PDF, 562KB) How does an Individual Graduation Committee determine that a student is qualified to graduate? A student is qualified to graduate on the basis of an IGC decision only if the student: • successfully completes the credit requirements for the foundation high school program identified by the State Board of Education or as otherwise provided by the transition plan adopted by the commissioner in TAC, § , • the student successfully completes all additional requirements recommended by the IGC, and • the committee’s vote is unanimous[TEC, § (i)]. In determining whether a student is qualified to graduate the IGC must consider: • the recommendation of the student’s teacher in each course for which the student failed to perform satisfactorily on an EOC assessment; • the student’s grade in each course for which the student failed to perform satisfactorily on an EOC assessment; • the student’s score on each EOC assessment on which the student failed to perform satisfactorily; • the student’s performance on any additional requirements recommended by the committee; • the number of hours of remediation that the student has attended, including attendance in a college preparatory course, if applicable, or attendance in and successful completion of a transitional college course in reading or mathematics; • the student’s school attendance rate; • the student’s satisfaction of any of the Texas Success Initiative (TSI) college readiness benchmarks prescribed by the Texas Higher Education Coordinating Board; • the student’s successful completion of a dual credit course in English, mathematics, science, or social studies; • the student’s successful completion of a high school pre-Advanced Placement (AP), AP, or International Baccalaureate program course in English, mathematics, science, or social studies; • the student’s rating of advanced high on the most recent high school administration of the Texas English Language Proficiency Assessment System (TELPAS); • the student’s score of 50 or greater on a College-Level Examination Program (CLEP) examination; • the student’s score on the ACT, SAT, or Armed Services Vocational Aptitude Battery (ASVAB) test; • the student’s completion of a sequence of courses under a career and technical education program required to attain an industry-recognized credential or certificate; • the student’s overall preparedness for postsecondary success; and • any other academic information designated for consideration by the board of trustees of the school district or charter [TEC, § (h)].
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SB 507 What: Video Recording in Special Education or Self-Contained Classroom Settings Law: TEC , (b), and Rule: TAC Who: By request of a parent, trustee, or staff member, a school district or open-enrollment charter school must provide equipment for videotaping to each school in which a student who receives special education services in a self-contained classroom or other special education setting is enrolled in order to promote safety. When: Beginning with the school year. A video recording of a student is confidential and may not be released or viewed except that a district or charter must release a recording for situations outlined in law/rule. If a person who views the video recording believes that the recording documents a possible violation the person must notify DFPS for investigation. If a person who views the video recording believes that the recording documents a possible violation of district or school policy, the person may allow access to the recording to appropriate legal and human resources personnel. If the commissioner determines the amount appropriated for the Foundation School Program exceeds the amount to which school districts are entitled, the commissioner must establish a grant program to fund this in accordance with Pending AG’s ruling: The commissioner requested an AGs opinion on the following matters: whether a request triggers camera installation in (1) school or (all) schools, the definition of a “staff member”, and how long the surveillance must continue (forever, until the requesting student graduates from the school, a specific period of time, etc.):
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HB 4 What: High-quality prekindergarten program
Law: TEC Chapter 29 Subchapter E-1, (b), (a) Rule: TAC Who: All districts/charters offering preK will have additional data requirements. Additionally, districts/charters participating in the grant program must implement methods for evaluating the district’s high-quality preK program classes (which have curriculum and teacher certification requirements) by measuring student progress and making the data from the results of the evaluation available to parents. When: Data requirements begin ; grant begins April 8, 2016 Deadline for LEAs to submit grant applications July 2016 Issue Notices of Grant Award (NOGA) with final FY 2016 funding amount 2017 Legislative Session will determine if additional grant funding will be appropriated for additional round(s) of this grant to be funded Curriculum Requirements: Texas Prekindergarten Guidelines (updated 2015) in the following domains: (1) social and emotional development; (2) language and communication; (3) emergent literacy reading; (4) emergent literacy writing; (5) mathematics; (6) science; (7) social studies; (8) fine arts; (9) physical development and health; and (10) technology. Certification Requirements: one of the following additional qualifications: (1) a Child Development Associate (CDA) credential; (2) a certification offered through a training center accredited by Association Montessori Internationale or through the Montessori Accreditation Council for Teacher Education; (3) at least eight years' experience of teaching in a nationally accredited child care program; (4) a graduate or undergraduate degree in early childhood education or early childhood special education; or (5) be employed as a prekindergarten teacher in a school district that has ensured that: (A) prior to assignment in a prekindergarten class, teachers who provide prekindergarten instruction have completed at least 150 cumulative hours of continuing professional education (CPE) over a consecutive five-year period; (B) teachers who have not completed training required in subparagraph (A) of this paragraph prior to assignment in a prekindergarten class complete the first 30 hours before the end of the school year and complete the additional CPE hours in the subsequent four years in order to continue providing instruction in a high-quality prekindergarten classroom; (C) at least half of the hours required by subparagraph (A) or (B) of this paragraph are completed in face-to-face training opportunities that include experiential learning, practical application, and direct interaction with master teachers; and (D) training used to meet the requirement in subparagraph (A) or (B) of this paragraph addresses all ten domains in the Texas Prekindergarten Guidelines (updated 2015). Methods for evaluating the classes include using the tools on the Commissioner’s list of approved PreK instruments and collecting the data in the beginning and end of year as prescribed.
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SB 66 What: Epinephrine auto-injectors Law: TEC 38.0151(f)
Who: A physician may prescribe epinephrine auto-injectors in the name of a district or charter school. This legislation would allow districts and open- enrollment charter schools to develop a local policy for the maintenance, administration, and disposal of epinephrine auto-injectors. When: No action is required. This is an “allowance” law. Effective A physician or person who has been delegated prescriptive authority under Chapter 157, Occupations Code, may prescribe epinephrine auto-injectors in the name of a district or charter school. An open-enrollment charter school is permitted to adopt and implement a policy regarding the maintenance, administration, and disposal of epinephrine auto-injectors at each campus in the district or school. Any policy adopted under this legislation must permit school personnel and school volunteers who are authorized and trained to administer an epinephrine auto-injector to a person who is reasonably believed to be experiencing anaphylaxis on a school campus. The supply of epinephrine auto-injectors at each campus must be stored in a secure location and be easily accessible to school personnel and school volunteers authorized and trained to administer an epinephrine auto-injector. The legislation also establishes reporting requirements related to the administration of an epinephrine auto-injector. Not later than the 10th business day after the date a school personnel member or school volunteer administers an epinephrine auto-injector in accordance with the local policy, the school must report certain information to the school district or the charter holder, the physician or other person who prescribed the epinephrine auto-injector, the commissioner of education, and the commissioner of state health services. The required report must include the following information: • The age of the person who received the administration of the epinephrine auto-injector • Whether the person who received the administration of the epinephrine auto-injector was a student, a school personnel member or school volunteer, or a visitor • The physical location where the epinephrine auto-injector was administered • The number of doses of epinephrine auto-injector administered • The title of the person who administered the epinephrine auto-injector • Any other information The training must • include information regarding how to recognize the signs and symptoms of anaphylaxis, administer an epinephrine auto-injector, implement emergency procedures, if necessary, after administering an epinephrine auto-injector, and properly dispose of used or expired epinephrine auto-injectors; • be obtained in formal training sessions or through online education; and • be completed annually. If a district or charter school implements a policy for the maintenance, administration, and disposal of epinephrine auto-injectors, the district or school must provide written notice to a parent or guardian of each student enrolled in the district or school. Notice must be provided before the policy is implemented and before the start of each school year. Currently, districts and charter schools are required to adopt and administer a policy for the care of students with a diagnosed food allergy at risk for anaphylaxis. This legislation would allow districts and open-enrollment charter schools to develop a local policy for the maintenance, administration, and disposal of epinephrine auto-injectors.
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HB 283 What: Audio/Video recording of regularly scheduled open meeting. Law: Government Code Who: The governing body of a charter holder or open-enrollment charter school with a student enrollment of 10,000 or more. When: January 1, 2016, Under section of the Government Code, a governmental body must prepare and keep minutes or make a recording of each open meeting of the body. The minutes and recordings must be made available for public inspection and copying under section However, current law does not require a video and audio recording to be made and it doesn’t require such recordings to be posted on the Internet. This bill changed this requirement for larger school districts/charter schools. HB 283 requires certain governmental bodies (an elected school district board of trustees and the governing body of a charter holder or open-enrollment charter school of a school district or charter school with a student enrollment of 10,000 or more) to make a video and audio recording of all regularly scheduled open meetings and an archived copy of the recording of each meeting must be maintained on the Internet. If the governmental body maintains a website, the governmental body must make the archived recording or an accessible link to the archived recording available on that site. The archived recording must be made available on the Internet within seven days after the recording was made and the archived recording must be maintained on the Internet for at least two years after the recording was first made available
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Questions? Laura Gaines 512-463-9575 laura.gaines@tea.texas.gov
Under section of the Government Code, a governmental body must prepare and keep minutes or make a recording of each open meeting of the body. The minutes and recordings must be made available for public inspection and copying under section However, current law does not require a video and audio recording to be made and it doesn’t require such recordings to be posted on the Internet. This bill changed this requirement for larger school districts/charter schools. HB 283 requires certain governmental bodies (an elected school district board of trustees and the governing body of a charter holder or open-enrollment charter school of a school district or charter school with a student enrollment of 10,000 or more) to make a video and audio recording of all regularly scheduled open meetings and an archived copy of the recording of each meeting must be maintained on the Internet. If the governmental body maintains a website, the governmental body must make the archived recording or an accessible link to the archived recording available on that site. The archived recording must be made available on the Internet within seven days after the recording was made and the archived recording must be maintained on the Internet for at least two years after the recording was first made available
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