EDUCATION CODE
CHAPTER 33. SERVICE PROGRAMS AND EXTRACURRICULAR ACTIVITIES
SUBCHAPTER A. SCHOOL COUNSELORS AND COUNSELING PROGRAMS
§ 33.002. CERTIFIED COUNSELOR. (a) This section
applies only to a school district that receives funds as provided by
Section 42.152(i).
(b) A school district with 500 or more students enrolled in
elementary school grades shall employ a counselor certified under
the rules of the State Board for Educator Certification for each
elementary school in the district. A school district shall employ
at least one counselor for every 500 elementary school students in
the district.
(c) A school district with fewer than 500 students enrolled
in elementary school grades shall provide guidance and counseling
services to elementary school students by:
(1) employing a part-time counselor certified under
the rules of the State Board for Educator Certification;
(2) employing a part-time teacher certified as a
counselor under the rules of the State Board for Educator
Certification; or
(3) entering into a shared services arrangement
agreement with one or more school districts to share a counselor
certified under the rules of the State Board for Educator
Certification.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 1276, § 6.005(a), eff. Sept.
1, 2003.
§ 33.003. PARENTAL CONSENT. The board of trustees of
each school district shall adopt guidelines to ensure that written
consent is obtained from the parent, legal guardian, or person
entitled to enroll the student under Section 25.001(j) for the
student to participate in those activities for which the district
requires parental consent.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 33.004. PARENTAL INVOLVEMENT. (a) Each school shall
obtain, and keep as part of the student's permanent record, written
consent of the parent or legal guardian as required under Section
33.003. The consent form shall include specific information on the
content of the program and the types of activities in which the
student will be involved.
(b) Each school, before implementing a comprehensive and
developmental guidance and counseling program, shall annually
conduct a preview of the program for parents and guardians. All
materials, including curriculum to be used during the year, must be
available for a parent or guardian to preview during school hours.
Materials or curriculum not included in the materials available on
the campus for preview may not be used.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 33.005. DEVELOPMENTAL GUIDANCE AND COUNSELING
PROGRAMS. A school counselor shall work with the school faculty
and staff, students, parents, and the community to plan, implement,
and evaluate a developmental guidance and counseling program. The
counselor shall design the program to include:
(1) a guidance curriculum to help students develop
their full educational potential, including the student's
interests and career objectives;
(2) a responsive services component to intervene on
behalf of any student whose immediate personal concerns or problems
put the student's continued educational, career, personal, or
social development at risk;
(3) an individual planning system to guide a student
as the student plans, monitors, and manages the student's own
educational, career, personal, and social development; and
(4) system support to support the efforts of teachers,
staff, parents, and other members of the community in promoting the
educational, career, personal, and social development of students.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1487, § 2, eff. June 17,
2001.
§ 33.006. COUNSELORS. (a) The primary responsibility
of a school counselor is to counsel students to fully develop each
student's academic, career, personal, and social abilities.
(b) In addition to a school counselor's responsibility
under Subsection (a), the counselor shall:
(1) participate in planning, implementing, and
evaluating a comprehensive developmental guidance program to serve
all students and to address the special needs of students:
(A) who are at risk of dropping out of school,
becoming substance abusers, participating in gang activity, or
committing suicide;
(B) who are in need of modified instructional
strategies; or
(C) who are gifted and talented, with emphasis on
identifying and serving gifted and talented students who are
educationally disadvantaged;
(2) consult with a student's parent or guardian and
make referrals as appropriate in consultation with the student's
parent or guardian;
(3) consult with school staff, parents, and other
community members to help them increase the effectiveness of
student education and promote student success;
(4) coordinate people and resources in the school,
home, and community;
(5) with the assistance of school staff, interpret
standardized test results and other assessment data that help a
student make educational and career plans; and
(6) deliver classroom guidance activities or serve as
a consultant to teachers conducting lessons based on the school's
guidance curriculum.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1487, § 3, eff. June 17,
2001.
§ 33.007. COUNSELING REGARDING HIGHER
EDUCATION. (a) Each counselor at an elementary, middle, or
junior high school, including an open-enrollment charter school
offering those grades, shall advise students and their parents or
guardians regarding the importance of higher education, coursework
designed to prepare students for higher education, and financial
aid availability and requirements.
(b) During the first school year a student is enrolled in a
high school or at the high school level in an open-enrollment
charter school, and again during a student's senior year, a
counselor shall provide information about higher education to the
student and the student's parent or guardian. The information must
include information regarding:
(1) the importance of higher education;
(2) the advantages of completing the recommended or
advanced high school program adopted under Section 28.025(a);
(3) the disadvantages of taking courses to prepare for
a high school equivalency examination relative to the benefits of
taking courses leading to a high school diploma;
(4) financial aid eligibility;
(5) instruction on how to apply for federal financial
aid;
(6) the center for financial aid information
established under Section 61.0776;
(7) the automatic admission of certain students to
general academic teaching institutions as provided by Section
51.803; and
(8) the eligibility and academic performance
requirements for the TEXAS Grant as provided by Subchapter M,
Chapter 56, as added by Chapter 1590, Acts of the 76th Legislature,
Regular Session, 1999.
Added by Acts 2001, 77th Leg., ch. 1223, § 1, eff. June 15, 2001.
SUBCHAPTER B. LIBRARIES
§ 33.021. LIBRARY STANDARDS. The Texas State Library
and Archives Commission, in consultation with the State Board of
Education, shall adopt standards for school library services. A
school district shall consider the standards in developing,
implementing, or expanding library services.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 33.022. CONTRACT WITH COUNTY OR MUNICIPALITY. (a) A
school district may enter into contracts with a county or
municipality in which the district is located to provide joint
library facilities.
(b) The board of trustees of the school district and the
commissioners court of the county or governing body of the
municipality must conduct public hearings before entering into a
contract under this section. The hearings may be held jointly.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER C. MISSING CHILD PREVENTION AND IDENTIFICATION PROGRAMS
§ 33.051. DEFINITIONS. In this subchapter:
(1) "Child" and "minor" have the meanings assigned by
Section 101.003, Family Code.
(2) "Missing child" means a child whose whereabouts
are unknown to the legal custodian of the child and:
(A) the circumstances of whose absence indicate
that the child did not voluntarily leave the care and control of the
custodian and that the taking of the child was not authorized by
law; or
(B) the child has engaged in conduct indicating a
need for supervision under Section 51.03(b)(3), Family Code.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 33.052. MISSING CHILD PREVENTION AND IDENTIFICATION
PROGRAMS. (a) The board of trustees of a school district or of a
private school may participate in missing child prevention and
identification programs, including fingerprinting and
photographing as provided by this subchapter.
(b) The board of trustees of a school district may delegate
responsibility for implementation of the program to the district's
school administration or to the district's community education
services administration.
(c) The chief administrative officer of each private
primary or secondary school may participate in the programs and may
contract with the regional education service center in which the
school is located for operation of all or any part of the program
through a shared services arrangement.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 33.053. FINGERPRINTS OF CHILDREN. (a) A missing
child prevention and identification program may include a procedure
for taking the fingerprints of each student registered in the
school whose parent or legal custodian has consented in writing to
the fingerprinting. Fingerprints obtained under this section may
be used only for the identification and location of a missing child.
(b) The board of trustees of a school district or the chief
administrative officer of a private school may establish a
reasonable fee to cover the costs of fingerprinting not provided by
volunteer assistance. The fee may not exceed $3 for each child
fingerprinted. If the school charges a fee, the school may waive
all or a portion of the costs of fingerprinting for educationally
disadvantaged children.
(c) A representative of a law enforcement agency of the
county or the municipality in which the school district is located
or of the Department of Public Safety, or a person trained in
fingerprinting technique by a law enforcement agency or the
Department of Public Safety, shall make one complete set of
fingerprints on a fingerprint card for each child participating in
the program. If the school requests, the Department of Public
Safety may provide fingerprint training to persons designated by
the school.
(d) A fingerprint card shall include a description of the
child, including the name, address, date and place of birth, color
of eyes and hair, weight, and sex of the child.
(e) Except as provided by Section 33.054(b), the
fingerprint card and other materials developed under this
subchapter shall be made part of the school's permanent student
records.
(f) A state agency, law enforcement agency, or other person
may not retain a copy of a child's fingerprints taken under this
program.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 33.054. PHOTOGRAPHS OF CHILDREN. (a) A
participating school shall retain a current photograph of each
child registered in the school whose parent or legal custodian has
consented in writing. Photographs retained under this section may
be used only for the identification and location of a missing child.
(b) The photograph shall be retained by the participating
school until the photograph is replaced by a subsequently made
photograph under this section or until the expiration of three
years, whichever is earlier.
(c) On the request of a parent or legal custodian of a
missing child, or of a peace officer who is engaged in the
investigation of a missing child, a participating school may give
to the parent, legal custodian, or peace officer a copy of that
child's photograph held by the school under this section. Except as
provided by this subsection, a photograph held under this section
may not be given to any person.
(d) A participating school may charge a fee for making and
keeping records of photographs under this section. If the school
charges a fee, the school may waive this fee for educationally
disadvantaged children.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 33.055. FINGERPRINTS AND PHOTOGRAPHS NOT USED AS
EVIDENCE. (a) A child's fingerprint card made under Section
33.053 or a photograph of a child made or kept under Section 33.054
may not be used as evidence in any criminal proceeding in which the
child is a defendant or in any case under Title 3, Family Code, in
which the child is alleged to have engaged in delinquent conduct or
in conduct indicating a need for supervision.
(b) This subchapter does not apply to the use by a law
enforcement agency for an official purpose of a photograph
published in a school annual.
(c) This subchapter does not prevent the use of a videotape
or photograph taken to monitor the activity of students for
disciplinary reasons or in connection with a criminal prosecution
or an action under Title 3, Family Code.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 33.056. LIABILITY FOR NONPERFORMANCE. A person is not
liable in any suit for damages for negligent performance or
nonperformance of any requirement of this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 33.057. DESTRUCTION OF FINGERPRINTS AND
PHOTOGRAPHS. The agency shall adopt rules relating to the
destruction of fingerprints and photographs made or kept under this
subchapter.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER D. EXTRACURRICULAR ACTIVITIES
§ 33.081. EXTRACURRICULAR ACTIVITIES. (a) The State
Board of Education by rule shall limit participation in and
practice for extracurricular activities during the school day and
the school week. The rules must, to the extent possible, preserve
the school day for academic activities without interruption for
extracurricular activities. In scheduling those activities and
practices, a school district must comply with the rules of the
board.
(b) A student enrolled in a school district in this state or
who participates in an extracurricular activity or a University
Interscholastic League competition is subject to school district
policy and University Interscholastic League rules regarding
participation only when the student is under the direct supervision
of an employee of the school or district in which the student is
enrolled or at any other time specified by resolution of the board
of trustees of the district.
(c) A student who is enrolled in a school district in this
state or who participates in a University Interscholastic League
competition shall be suspended from participation in any
extracurricular activity sponsored or sanctioned by the school
district or the University Interscholastic League after a grade
evaluation period in which the student received a grade lower than
the equivalent of 70 on a scale of 100 in any academic class other
than an identified honors or advanced class. A suspension
continues for at least three school weeks and is not removed during
the school year until the conditions of Subsection (d) are met. A
suspension does not last beyond the end of a school year. For
purposes of this subsection, "grade evaluation period" means:
(1) the six-week grade reporting period; or
(2) the first six weeks of a semester and each grade
reporting period thereafter, in the case of a district with a grade
reporting period longer than six weeks.
(d) Until the suspension is removed under this subsection or
the school year ends, a school district shall review the grades of a
student suspended under Subsection (c) at the end of each
three-week period following the date on which the suspension began.
At the time of a review, the suspension is removed if the student's
grade in each class, other than an identified honors or advanced
class, is equal to or greater than the equivalent of 70 on a scale of
100. The principal and each of the student's teachers shall make
the determination concerning the student's grades.
(e) Suspension of a student with a disability that
significantly interferes with the student's ability to meet regular
academic standards must be based on the student's failure to meet
the requirements of the student's individualized education
program. The determination of whether a disability significantly
interferes with a student's ability to meet regular academic
standards must be made by the student's admission, review, and
dismissal committee. For purposes of this subsection, "student
with a disability" means a student who is eligible for a district's
special education program under Section 29.003(b).
(f) A student suspended under this section may practice or
rehearse with other students for an extracurricular activity but
may not participate in a competition or other public performance.
(g) An appeal to the commissioner is not a contested case
under Chapter 2001, Government Code, if the issues presented relate
to a student's eligibility to participate in extracurricular
activities, including issues related to the student's grades or the
school district's grading policy as applied to the student's
eligibility. The commissioner may delegate the matter for decision
to a person the commissioner designates. The decision of the
commissioner or the commissioner's designee in a matter governed by
this subsection may not be appealed except on the grounds that the
decision is arbitrary or capricious. Evidence may not be
introduced on appeal other than the record of the evidence before
the commissioner.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 1482, § 2, eff. June 19,
1999.
§ 33.0811. SCHOOL DISTRICT POLICY ON ABSENCES TO
PARTICIPATE IN EXTRACURRICULAR ACTIVITIES. (a) Notwithstanding
Section 33.081(a), the board of trustees of a school district may
adopt a policy establishing the number of times a student who is
otherwise eligible to participate in an extracurricular activity
under Section 33.081 may be absent from class to participate in an
extracurricular activity sponsored or sanctioned by the district or
the University Interscholastic League or by an organization
sanctioned by resolution of the board of trustees of the district.
(b) A policy adopted by the board of trustees of a district
under this section:
(1) prevails over a conflicting policy adopted under
Section 33.081(a); and
(2) must permit a student to be absent from class at
least 10 times during the school year.
Added by Acts 1999, 76th Leg., ch. 1482, § 3, eff. June 19, 1999.
§ 33.082. EXTRACURRICULAR ACTIVITIES; USE OF
DISCRIMINATORY ATHLETIC CLUB. (a) An extracurricular activity
sponsored or sanctioned by a school district, including an athletic
event or an athletic team practice, may not take place at an
athletic club located in the United States that denies any person
full and equal enjoyment of equipment or facilities provided by the
athletic club because of the race, color, religion, creed, national
origin, or sex of the person.
(b) In this section, "athletic club" means an entity that
provides sports or exercise equipment or facilities to its
customers or members or to the guests of its customers or members.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 33.083. INTERSCHOLASTIC LEAGUES. (a) The rules and
procedures of an organization sanctioning or conducting
interscholastic competition, including rules providing penalties
for rules violations by school district personnel, must be
consistent with State Board of Education rules.
(b) The University Interscholastic League is a part of The
University of Texas at Austin and must submit its rules and
procedures to the commissioner for approval or disapproval. The
funds belonging to the University Interscholastic League shall be
deposited with The University of Texas at Austin for the benefit of
the league and shall be subject to audits by The University of Texas
at Austin, The University of Texas System, and the state auditor.
Copies of annual audits shall be furnished, on request, to members
of the legislature.
(c) The State Board of Education may seek an injunction to
enforce this section.
(d) The University Interscholastic League shall file
annually with the governor and the presiding officer of each house
of the legislature a complete and detailed written report
accounting for all funds received and disbursed by the University
Interscholastic League during the preceding fiscal year. The form
of the annual report and the reporting time are as provided by the
General Appropriations Act.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 1482, § 4, eff. June 19,
1999.
§ 33.084. INTERSCHOLASTIC LEAGUE ADVISORY
COUNCIL. (a) The interscholastic league advisory council is
composed of:
(1) two members of the State Board of Education
appointed by the chair of the board;
(2) a member of the house of representatives appointed
by the speaker of the house;
(3) a member of the senate appointed by the lieutenant
governor;
(4) two members of the legislative council of the
University Interscholastic League appointed by the chairman of the
council;
(5) two public school board members appointed by the
commissioner; and
(6) three members of the public appointed by the
commissioner.
(b) A member of the advisory council serves at the will of
the member's appointing authority.
(c) In appointing public members to the advisory council,
the commissioner shall give special consideration to students,
parents of students, and teachers.
(d) The advisory council shall select a chair from among its
members and shall meet at the call of the chair.
(e) The advisory council shall review the rules of the
University Interscholastic League and shall make recommendations
relating to the rules to the governor, the legislature, the
legislative council of the University Interscholastic League, and
the State Board of Education.
(f) A member of the advisory council may not receive
compensation but is entitled to reimbursement from the University
Interscholastic League for transportation expenses and the per diem
allowance for state employees in accordance with the General
Appropriations Act.
(g) The advisory council shall study:
(1) University Interscholastic League policy with
respect to the eligibility of students to participate in programs;
(2) geographic distribution of University
Interscholastic League resources and programs; and
(3) gender equity.
(h) An action of the University Interscholastic League
relating to the provision of additional programs of school
districts may not be taken pending submission of a final report by
the advisory council.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 33.085. INSURANCE FOR CERTAIN SCHOOL
ACTIVITIES. (a) In compliance with this section, the board of
trustees of a school district may obtain insurance against bodily
injuries sustained by students while training for or engaging in
interschool athletic competition or while engaging in
school-sponsored activities on a school campus.
(b) The amount of insurance to be obtained must be in
keeping with the financial condition of the school district and may
not exceed the amount that, in the opinion of the board of trustees,
is reasonably necessary to afford adequate medical treatment of
injured students.
(c) The insurance authorized by this section must be
obtained from a reliable insurance company authorized to do
business in this state and must be on forms approved by the
commissioner of insurance.
(d) The cost of the insurance is a legitimate part of the
total cost of operating the school district.
(e) The failure of any board of trustees to carry the
insurance authorized by this section may not be construed as
placing any legal liability on the school district or its officers,
agents, or employees for any injury that results.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 534, § 1, eff. Sept. 1,
2001.
§ 33.086. CERTIFICATION IN CARDIOPULMONARY
RESUSCITATION AND FIRST AID. (a) A school district employee who
serves as the head director of a school marching band or as the head
coach or chief sponsor for an extracurricular athletic activity,
including cheerleading, sponsored or sanctioned by a school
district or the University Interscholastic League must maintain and
submit to the district proof of current certification in first aid
and cardiopulmonary resuscitation issued by the American Red Cross,
the American Heart Association, or another organization that
provides equivalent training and certification.
(b) Each school district shall adopt procedures necessary
for administering this section, including procedures for the time
and manner in which proof of current certification must be
submitted.
Added by Acts 1999, 76th Leg., ch. 396, § 2.14(a), eff. Sept. 1,
1999. Amended by Acts 2003, 78th Leg., ch. 881, § 1, eff. June
20, 2003.
SUBCHAPTER E. COMMUNITIES IN SCHOOLS PROGRAM
§ 33.151. DEFINITIONS. In this subchapter:
(1) "Department" means the Department of Protective
and Regulatory Services.
(2) "Communities In Schools program" means an
exemplary youth dropout prevention program.
(3) "Delinquent conduct" has the meaning assigned by
Section 51.03, Family Code.
(4) "Student at risk of dropping out of school" means:
(A) a student at risk of dropping out of school as
defined by Section 29.081;
(B) a student who is eligible for a free or
reduced lunch; or
(C) a student who is in family conflict or
crisis.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Labor Code § 216.001 by Acts 1995,
74th Leg., ch. 655, § 11.05, eff. Sept. 1, 1995. Amended by Acts
1997, 75th Leg., ch; 165, § 6.69, eff. Sept. 1, 1997.
Redesignated from V.T.C.A., Labor Code § 305.001 and amended by
Acts 1999, 76th Leg., ch. 489, § 3, eff. Sept. 1, 1999.
Redesignated from V.T.C.A., Family Code § 264.751 and amended by
Acts 2003, 78th Leg., ch. 198, § 2.118(a), eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1205, § 1, eff. Sept. 1, 2003.
§ 33.152. STATEWIDE OPERATION OF PROGRAM. It is the
intent of the legislature that the Communities In Schools program
operate throughout this state. It is also the intent of the
legislature that programs established under Chapter 305, Labor
Code, as that chapter existed on August 31, 1999, and its
predecessor statute, the Texas Unemployment Compensation Act
(Article 5221b-9d, Vernon's Texas Civil Statutes), and programs
established under this subchapter shall remain eligible to
participate in the Communities In Schools program if funds are
available and if their performance meets the criteria established
by the agency for renewal of their contracts.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Labor Code § 216.002 by Acts 1995,
74th Leg., ch. 655, § 11.05, eff. Sept. 1, 1995. Redesignated
from V.T.C.A., Labor Code § 305.002 and amended by Acts 1999,
76th Leg., ch. 489, § 3, eff. Sept. 1, 1999. Redesignated from
V.T.C.A., Family Code § 264.752 and amended by Acts 2003, 78th
Leg., ch. 198, § 2.118(a), eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 1205, § 1, eff. Sept. 1, 2003.
§ 33.153. STATE DIRECTOR. The commissioner shall
designate a state director for the Communities In Schools program.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Labor Code § 216.011 and amended by
Acts 1995, 74th Leg., ch. 655, § 11.05, eff. Sept. 1, 1995.
Redesignated from V.T.C.A., Labor Code § 305.011 and amended by
Acts 1999, 76th Leg., ch. 489, § 3, eff. Sept. 1, 1999.
Redesignated from V.T.C.A., Family Code § 264.753 and amended by
Acts 2003, 78th Leg., ch. 198, § 2.118(a), eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1205, § 1, eff. Sept. 1, 2003.
§ 33.154. DUTIES OF STATE DIRECTOR. The state director
shall:
(1) coordinate the efforts of the Communities In
Schools program with other social service organizations and
agencies and with public school personnel to provide services to
students who are at risk of dropping out of school or engaging in
delinquent conduct, including students who are in family conflict
or emotional crisis;
(2) set standards for the Communities In Schools
program and establish state performance goals, objectives, and
measures for the program;
(3) obtain information to determine accomplishment of
state performance goals, objectives, and measures;
(4) promote and market the program in communities in
which the program is not established;
(5) help communities that want to participate in the
program establish a local funding base; and
(6) provide training and technical assistance for
participating communities and programs.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Labor Code § 216.012 by Acts 1995,
74th Leg., ch. 655, § 11.05, eff. Sept. 1, 1995. Redesignated
from V.T.C.A., Labor Code § 305.012 and amended by Acts 1999,
76th Leg., ch. 489, § 3, eff. Sept. 1, 1999. Redesignated from
V.T.C.A., Family Code § 264.754 by Acts 2003, 78th Leg., ch. 198,
§ 2.118(a), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1205,
§ 1, eff. Sept. 1, 2003.
§ 33.155. DEPARTMENT COOPERATION; MEMORANDUM OF
UNDERSTANDING. (a) The agency, the department, and Communities
In Schools, Inc. shall work together to maximize the effectiveness
of the Communities In Schools program.
(b) The agency and the department shall develop and agree to
a memorandum of understanding to clearly define the
responsibilities of the agency and of the department under this
subchapter. The memorandum must address:
(1) the roles of the agency and department in
encouraging local business to participate in local Communities In
Schools programs;
(2) the role of the agency in obtaining information
from participating school districts;
(3) the use of federal or state funds available to the
agency or the department for programs of this nature; and
(4) other areas identified by the agency and the
department that require clarification.
(c) The agency and the department shall adopt rules to
implement the memorandum and shall update the memorandum and rules
annually.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Labor Code § 216.013 by Acts 1995,
74th Leg., ch. 655, § 11.05, eff. Sept. 1, 1995. Redesignated
from V.T.C.A., Labor Code § 305.013 and amended by Acts 1999,
76th Leg., ch. 489, § 3, eff. Sept. 1, 1999. Redesignated from
V.T.C.A., Family Code § 264.755 and amended by Acts 2003, 78th
Leg., ch. 198, § 2.118(a), eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 1205, § 1, eff. Sept. 1, 2003.
§ 33.156. FUNDING; EXPANSION OF
PARTICIPATION. (a) The agency shall develop and implement an
equitable formula for the funding of local Communities In Schools
programs. The formula may provide for the reduction of funds
annually contributed by the state to a local program by an amount
not more than 50 percent of the amount contributed by the state for
the first year of the program. The formula must consider the
financial resources of individual communities and school
districts. Savings accomplished through the implementation of the
formula may be used to extend services to counties and
municipalities currently not served by a local program or to extend
services to counties and municipalities currently served by an
existing local program.
(b) Each local Communities In Schools program shall develop
a funding plan which ensures that the level of services is
maintained if state funding is reduced.
(c) A local Communities In Schools program may accept
federal funds, state funds, private contributions, grants, and
public and school district funds to support a campus participating
in the program.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.40(a), eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Labor Code § 216.021 and amended by
Acts 1995, 74th Leg., ch. 655, § 11.05, eff. Sept. 1, 1995.
Redesignated from V.T.C.A., Labor Code § 305.021 and amended by
Acts 1999, 76th Leg., ch. 489, § 3, eff; Sept. 1, 1999.
Redesignated from V.T.C.A., Family Code § 264.756 and amended by
Acts 2003, 78th Leg., ch. 198, § 2.118(a), eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1205, § 1, eff. Sept. 1, 2003.
§ 33.157. PARTICIPATION IN PROGRAM. An elementary or
secondary school receiving funding under Section 33.156 shall
participate in a local Communities In Schools program if the number
of students enrolled in the school who are at risk of dropping out
of school is equal to at least 10 percent of the number of students
in average daily attendance at the school, as determined by the
agency.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Labor Code § 216.022 and amended by
Acts 1995, 74th Leg., ch. 655, § 11.05, eff. Sept. 1, 1995.
Redesignated from V.T.C.A., Labor Code § 305.022 and amended
Acts 1999, 76th Leg., ch. 489, § 3, eff. Sept. 1, 1999.
Redesignated from V.T.C.A., Family Code § 264.757 and amended by
Acts 2003, 78th Leg., ch. 198, § 2.118(a), eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1205, § 1, eff. Sept. 1, 2003.
§ 33.158. DONATIONS TO PROGRAM. (a) The agency may
accept a donation of services or money or other property that the
agency determines furthers the lawful objectives of the agency in
connection with the Communities In Schools program.
(b) Each donation, with the name of the donor and the
purpose of the donation, must be reported in the public records of
the agency.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Labor Code § 216.031 by Acts 1995,
74th Leg., ch. 655, § 11.05, eff. Sept. 1, 1995. Redesignated
from V.T.C.A., Labor Code § 305.031 and amended by Acts 1999,
76th Leg., ch. 489, § 3, eff. Sept. 1, 1999. Redesignated from
V.T.C.A., Family Code § 264.758 and amended by Acts 2003, 78th
Leg., ch. 198, § 2.118(a), eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 1205, § 1, eff. Sept. 1, 2003.
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
§ 33.901. BREAKFAST PROGRAMS. If at least 10 percent of
the students enrolled in one or more schools in a school district or
enrolled in an open-enrollment charter school are eligible for free
or reduced-price breakfasts under the national school breakfast
program provided for by the Child Nutrition Act of 1966 (42 U.S.C.
Section 1773), the governing body of the district or the
open-enrollment charter school shall participate in the program and
make the benefits of the program available to all eligible students
in the schools or school.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 33.902. PUBLIC SCHOOL CHILD CARE. (a) In this
section, "school-age students" means children enrolled as students
in prekindergarten through grade 7.
(b) Each school district that on September 1 of a school
year has a student membership of more than 5,000 and that does not
provide directly or by contract child care services before and
after the school day and during school holidays and vacations for
the district's school-age students shall annually consider, during
at least two public hearings, the need for and availability of child
care before, after, or both before and after the school day and
during school holidays and vacations for the district's school-age
students.
(c) The district shall effectively publicize the hearings
and hold all the hearings before the start of the school year. The
Work and Family Policies Clearinghouse in the Texas Workforce
Commission, not later than May 1 of each year, shall distribute to
each school district described by Subsection (b) information that
describes model prekindergarten and school-age child care programs
and explains how a school district may obtain funds through the
federal Dependent Care Development Grant program or other grant
programs. A school district shall distribute the information
received from the clearinghouse to the public at a hearing.
(d) The Work and Family Policies Clearinghouse may
distribute money appropriated by the legislature to any school
district for the purpose of implementing school-age child care
before and after the school day and during school holidays and
vacations for a school district's school-age students. Eligible
use of funds shall include planning, development, establishment,
expansion, or improvement of child care services and reasonable
start-up costs. The clearinghouse may distribute money to pay fees
charged for providing services to students who are considered to be
at risk of dropping out of school under Section 29.081. The Texas
Workforce Commission shall by rule establish procedures and
eligibility requirements for distributing this money to school
districts.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 118, § 1, eff. Sept. 1,
1997.
§ 33.903. COMMUNITY EDUCATION CHILD CARE
SERVICES. (a) The agency shall establish a pilot program for the
development of community education child care services as provided
by this section. From the total amount of funds appropriated to the
agency, the commissioner shall withhold an amount specified in the
General Appropriations Act and distribute that amount for programs
under this section. A program established under this section is
required only in a school district in which the program is financed
by funds distributed under this section and any other funds
available for the program.
(b) The legislature may make appropriations to the agency
for the purpose of supporting before- and after-school child care
programs in a school district that is operating a community
education development project.
(c) The agency shall actively seek federal grants or funds
to operate or expand a program established under this section.
(d) The State Board of Education by rule shall establish a
procedure for distributing funds to school districts for child care
programs under this section. The procedure must include a
statewide competitive process by which the agency shall evaluate
applications for child care programs submitted by eligible school
districts and award funds to those districts whose applications the
agency considers to possess the greatest merit. The State Board of
Education by rule shall establish guidelines and objectives that
the agency shall use in making evaluations for funding
determination purposes. A school district is not entitled to
administrative or judicial review of the agency's funding
determination, except to the extent that the State Board of
Education by rule provides for administrative review.
(e) The agency may not consider a school district's
application for child care funding unless the application:
(1) contains a resolution by the district's board of
trustees or governing body adopting a particular child care plan;
(2) states the anticipated funding requirements for
the district's child care program and provides the agency with the
data and any analysis used to prepare the funding estimate;
(3) includes or is accompanied by a statement
outlining how the proposed project effectuates the goals of this
section and complies with the guidelines and objectives established
under Subsection (d);
(4) provides that the district will provide before-
and after-school care between the hours of 7 a.m. and 6 p.m. for any
student in kindergarten through grade eight whose parents or legal
guardians work, attend school, or participate in a job-training
program during those hours;
(5) specifies that the district's child care program
outlined in the application will maintain a ratio of not less than
one caregiver per 20 students in kindergarten through grade three
and a ratio of not less than one caregiver per 25 students in grades
four through eight and will provide age-appropriate educational and
recreational activities and homework assistance; and
(6) states that the district has appointed a child
care administrator.
(f) A school district's child care administrator shall
administer and coordinate the program under the authority of the
district superintendent or another administrator the
superintendent designates. The child care administrator shall
appoint a coordinator to oversee the child care activities at each
school site under the authority of the school's principal. Each
district is encouraged to collaborate with child care management
system contractors and Head Start program providers.
(g) Each school district may provide full-day care for
students on school holidays and teacher preparation days and during
periods school is in recess, including summer vacation.
(h) A school district may supplement any funds received
under this section with funds received through other government
assistance programs, program tuition, or private donations. Any
tuition charge may reflect only the actual cost of care provided to
the student, and the agency or other appropriate governmental
agency approved by the commissioner may audit a program to ensure
compliance with this subsection. A school district shall use state
funds awarded under this section to benefit educationally
disadvantaged children before using those funds for the care of
other children.
(i) A school district may not use funds awarded under this
section for student transportation unless that transportation is
incident to an activity related to the curriculum of the child care
program.
(j) A school district may use funds awarded under this
section to contract with a private entity for providing child care
services. Each of those entities shall adhere to the requirements
of this section. A contract under this subsection is not effective
until approved by the agency. The agency shall review each contract
to ensure that the services to be delivered comply with this
section. Each contract shall be awarded without regard to the race
or gender of the contracting party, notwithstanding any other law.
(k) Each school district receiving funds under this section
shall adopt minimum training and skills requirements that each
individual providing child care or staff assistance for a district
program under this section must satisfy. The agency shall
determine whether those minimum requirements fulfill the aims and
policies of this section and shall suspend the payment of funds to
any district whose minimum requirements fail to fulfill the aims
and policies of this section. The State Board of Education by rule
shall adopt criteria by which the agency shall evaluate district
minimum training and skills requirements. Any suspension order is
subject to Chapter 2001, Government Code. A district may seek
review of a suspension order under the review process adopted under
Subsection (m).
(l) The State Board of Education by rule may authorize a
school district to receive technical and planning assistance from a
regional education service center.
(m) The agency shall monitor and review programs receiving
funds under this section and may suspend funds to a school district
whose programs fail to comply with this section. The State Board of
Education by rule shall adopt an administrative process to review a
suspension. Both a suspension order and the administrative review
process are subject to Chapter 2001, Government Code.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
