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A Review of the 85th Legislative Session

School Law RetreatJuly 28-29, 2017

Leslie Story, Lead AttorneyTASB Legal Services

Overview of 85th Legislative Session

Session by the Numbers• 6,631 bills filed

• 1,211 bills passed

• 50 vetoed bills

• 244 education-related bills in 2017 Legislative Summary for School Officials

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Special Session• Started July 18th

• Initial proclamation addressed state agency sunset legislation

• Supplemental proclamation outlined 20 additional items

Special Session

• Proclamation addressed school related items: • Average salary and benefit increase for teachers• Flexible and rewarding salary and benefits for teachers• School finance reform commission• School choice for students with special needs or

educational disadvantages• Property tax reform• Use of multi-occupancy showers, locker rooms, restrooms,

and changing rooms

Student Issues

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SB 179—Cyberbullying

• Known as “David’s Law”

• Revises definition of bullying

• Clarifies district jurisdiction for off-campus bullying

• Provides for permissive DAEP or expulsion for certain types of bullying

P. 182‐185

• Permissive report to law enforcement

• Parental notice of bullying

• Civil and criminal consequences for cyberbullying

• Optional prevention and mediation policy for districts and charters

P. 182‐185

SB 179—Cyberbullying

• Counselor’s role

• Available resources

• Training for educators and principals

P. 182‐185

SB 179—Cyberbullying

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Student Discipline

HB 674—Removal of Students Under Grade 3

• A student in pre-K through grade 2 may not be placed in OSS

• Exceptions apply for serious misconduct

• Districts may adopt a positive behavior program for students below grade 3

P. 181

Special Education

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SB 1398—CamerasWho can request?

Parent Board of Trustees

Principal Staff member

Parent whose child receives special ed in 1 or more self‐contained classroom or special ed setting

School board or OECS governing body

Principal orassistant principal of school with self‐contained classroom or special ed setting

Teacher, related service provider, paraprofessional, counselor, or aide assigned to self‐contained classroom or other special edsetting

P. 174

• Respond to request within 7 school business days

• Camera must be turned on no later than 45 school business days after authorization

• TEA may grant extension

P. 175

SB 1398—Cameras

SB 1398—Cameras

• Camera must operate for remainder of school year, unless requestor withdraws the request

• School must notify parents of each student in regular attendance in classroom before stopping operation

P. 175

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SB 1398—Cameras• District must give access to employee or parent of

student involved in an alleged incident reported to the district

• Retain recording until the person has reviewed the recording and a determination has been made whether an incident occurred

• Otherwise, retention period reduced to 3 months

P. 176

SB 160—Performance Indicator

• Prohibits using a performance indicator that solely measures a district’s percentage or aggregate number of students receiving special education

• No more 8.5% target rate

• Effective May 22, 2017

P. 171

SB 1153—Intervention Strategies

• Requires annual notice to parent of each child in general education who receives assistance for learning difficulties

• Notice with specified content must be provided when child begins to receive assistance

• TEA statement about learning assistance and right to request evaluation for special education must be provided annually

P. 173‐174

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HB 1886—Dyslexia Screening

• Requires screening or testing for dyslexia, as appropriate, each kindergartener and 1st grader

• ESCs must hire licensed dyslexia therapists

• TEA will develop dyslexia training opportunities, including online training

P. 167‐169

Governance

SB 1566—School District Governance

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SB 1566—Board Authority

• Chief business officer, curriculum director and equivalent position at board closed session

• Board member inherent right of access • Timeline for district response to request for information• Board member suit: injunctive relief, costs, attorney fees• District must create policy on board member visits to campus or

facility

P. 44‐45

SB 1566—Board Oversight of Student Achievement

• Strategic leadership for maximizing student performance

• Commissioner developed board improvement and evaluation tool

• TEA-created website for review of campus and district academic achievement data

P. 45

SB 1566—Record of Board Training

Public notice of board member training: • Minutes of last regular meeting held before an

election of trustees • Deficiencies posted on district’s website • Adds to board training requirements on student

achievement

P. 45

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SB 1566—Patriotic Society Presentation

• Policy to allow the principal to provide opportunity for a patriotic society to speak to students

• Patriotic societies as listed in U.S.C. Title 36

• Principal discretion as to date and time

• Limited to a single school day and 10 minute presentations

P. 47

SB 1566—Extracurricular Grievances

• Board not required to address a complaint about participation in an extracurricular activity

• Excludes grievances related to violation of a right guaranteed by Chapter 26

• Excludes IDEA Claims

P. 47

SB 1566—Posting of DOI Plan

• DOI current plan must be posted in prominent location on district’s website

• TEA must be provided copy of plan, plan amendment or renewal no later than 15 days after adoption

• TEA posts district’s plan on agency’s website

P. 48

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SB 1566—Lice Notification

• Board-adopted policy

• Notice from school nurse to:• Child’s parent within 48 hours• Parents of other children in the same class within 5 days

• Notice includes CDC treatment recommendations

• Must comply with privacy rights

P. 47

SB 1566—Employees and Handguns

• May not prohibit a person with a handgun license from transporting and storing a firearm or ammunition in a locked, private vehicle in a parking lot

• The firearm or ammunition must be out of plain view

• Cannot violate Texas Penal Code location restrictions or other law

P. 46

SB 1566—Dallas County Schools

• Abolishes Dallas County Schools

• Services continue for 2017-18 school year, unless approved by voters

• Similar provisions in SB 2065

P. 48‐50

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HB 2552—School Board Eligibility

Ineligible for board service if convicted of prostitution under Texas Penal Code § 43.02(b):

A person commits an offense if, based on the payment of a fee by the actor or another person on behalf of the actor, the person knowingly:(1) offers to engage, agrees to engage, or engages in

sexual conduct; or(2) solicits another in a public place to engage with the

actor in sexual conduct for hire.

P. 44

Open Meetings Act

SB 1440—Candidate Event Exception to OMA

Excepts attendance by a quorum of the board at a candidate forum, appearance, or debate to inform the electorate from the definition of a meeting.

P. 54

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HB 523—Required Recording of Board Meetings

Districts with 10,000+ students must record a work session or special called meeting if the board:• votes on any matter; or• allows public comment or testimony

P. 52

HB 3047—Videoconferencing Requirements

Member attending by videoconference call considered absent if audio or video signal lost or disconnected.

P. 53

HB 3047—Videoconferencing Requirements

Resolves conflict from 83rd Legislative Session:

• A quorum must be physically present at one location during a meeting by videoconference unless a governmental body meets the three or more county exception.

P. 53

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SB 564—Closed Meeting Exception for Network Security

Closed meeting exception to deliberate: • Security assessments or deployments relating to

information resources technology• Network security information• The deployment, or specific occasions for

implementation, of security personnel, critical infrastructure, or security devices

P. 54

Public Information

HB 3107—PIA Request Procedures

• Requests deemed withdrawn for: • Failure to inspect to duplicate• Failure to pay charges

• Cost calculations for multiple requests in one calendar day

• Allowable time limits for recovering personnel costs from a requestor

P. 61

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HB 2087—Student Data Privacy

Prohibits use for:

• Targeted advertising

• Creation of a student profile unless created for a school purpose

• Sell or rental any student’s covered information

Allows use for:

• to improve functionality of software

• to comply with legal requirements

• for educational and research purposes

P. 57

Personnel

Educator Misconduct

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• Expands crime of improper relationship between educator and student

• Expands crime of online solicitation of a minor

• Potential for loss of TRS benefits for conviction of certain felonies

P. 76

SB 7—Improper Relationships

• Report after resignation or termination and “there is” evidence of misconduct

• New requirement for principal to report to superintendent

• Consequences for failure to report:• Administrative penalty • State jail felony

P. 77

SB 7—Improper Relationships

Pre-employment affidavit:

• Applicants for certified and licensed positions

• TEA-adopted form

• Disclosing charge, adjudication, conviction of “inappropriate relationship with a minor”

SB 7—Improper Relationships

P. 79

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• Notice to parent or guardian of student with whom an educator is alleged to have:• Abused or committed an unlawful act; or• Been involved in a romantic relationship or sexual contact.

• Notice must state:• That the alleged misconduct occurred*;• Whether the educator was terminated or resigned; and• Whether a report was submitted to SBEC.

SB 7—Improper Relationships

P. 79

Required electronic communication policy must:

• Include provisions to prevent improper electronic communications;

• Allow an employee to elect to not disclose personal phone number or e-mail address to students; and

• Tell a school employee how to notify administrators about improper communications with a student.

SB 7—Improper Relationships

P. 81

Certification

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HB 2039—EC-3 Certification

• New early childhood certification• Not required to teach these grade levels• Provision also found in SB 1839

P. 72, 82

Teacher Retirement System

TRS-Care—HB 3976

• Eliminates no-cost plan and requires retirees to contribute toward cost• Deduction from monthly annuity payment for retiree or

surviving spouse contributions

• Three plans• High deductible for retirees under 65• Medicare Advantage plan• Medicare Prescription plan

P. 86

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Other TRS bills• SB 1663

• Retire-rehire: clarifies when retiree is considered employed by a district during 12 months after retirement

• Waives or defers compensation• Performs duties as independent contractor• Volunteers in prior job with agreement to continue after 12 months

• SB 1664• Independent contractor/employee determination based on

IRS guidance and common law

P. 90, 94

Operations

Transportation

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SB 693—Seatbelts

• Model year 2018 or later school buses must be equipped with a three-point seat belt for each passenger

• “Bus” is a school bus, school activity bus, multifunction school activity bus, or school-chartered bus

• Board can vote at a public meeting that budget does not permit purchase of bus with seatbelts

P. 111

Construction

HB 3270—Background Checks for Public Works Contractor Employees

• New background check requirement for public works contractors

• Employees of engineering, architectural, or construction services contractors and subcontractors with:1. continuing duties2. direct contact with students

P. 104

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Safety

SB 1553—Sex Offenders and Exclusion from Property

Identifying Sex Offenders:

• Registered sex offenders must inform school administration when on premises during hours of operation

Exclusion from School Property:

• Administrator or peace officer may eject anyone who

refuses to leave if:• the person presents a risk of harm; or• the person is given warning and behavior persists

• Explanation in Code of Conduct and online P. 199‐200

Accountability

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HB 22—Public School Accountability• Reduces the measured domains from 5 to 3

• Student Achievement• School Progress• Closing the Gaps

• A-F ratings

• D ratings

• Locally-developed accountability system

P. 119‐121

SB 1882—ISD Charter Campuses

If a district contracts to operate a charter with an OECS or eligible entity: • Exemption from intervention • Funding at the OECS level

P. 127‐128

Assessments

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SB 463—IGCs

• Individual Graduation Committees extended until September 1, 2019

• Graduation qualification procedures for students entering 9th grade prior to the 2011-12 school year

P. 136‐137

Instruction

HB 2442—Minutes of Operation

• Repeals § 25.082(a): a school day shall be at least seven hours each day

• 75,600 minutes of operation, including intermissions and recesses for students

• ADA calculation for half-day programs

P. 131‐133

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HB 441—School on Memorial Day

• Districts are prohibited from having school on Memorial Day

• Commissioner will approve instruction for fewer minutes for school closures

P. 152

Financial Matters

HB 1081—New Instructional Facility Allotment

New instructional facility includes• Newly constructed instructional facility

• Repurposed instructional facility

• Leased facility operating for the first time as an instructional facility with a minimum lease term of at least 10 years

• Increase from $250 to $1000 per student

• $23.75 million for each year of the biennium

P. 19

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Public Funds Investment Act

• HB 1003• No-load money market mutual fund (changed)• No-load mutual fund (changed)• Hedging transactions (new)

• HB 2647• Insured interest-bearing bank deposits (new)

• HB 2928• Obligations of Federal Home Loan Banks (new)• Certificates of deposits (changed)

P. 17, 20, 21

SB 754—Depository Contracts

• A district and depository bank may extend a contract for three additional two-year terms

• The contract may be modified for each two-year extension if both parties mutually agree to the terms

P. 111

Thank you!