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2005 Texas Education Code CHAPTER 33. SERVICE PROGRAMS AND EXTRACURRICULAR ACTIVITIES
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. § 33.0812. SCHEDULING EXTRACURRICULAR ACTIVITIES PROHIBITED IN CERTAIN CIRCUMSTANCES. (a) The State Board of Education by rule shall prohibit participation in a University Interscholastic League area, regional, or state competition: (1) on Monday through Thursday of the school week in which the primary administration of assessment instruments under Section 39.023(a), (c), or (l) occurs; or (2) if the primary administration of the assessment instruments is completed before Thursday of the school week, beginning on Monday and ending on the last school day on which the assessment instruments are administered. (b) The commissioner shall determine the school week during the school year in which the primary administration of assessment instruments occurs for purposes of Subsection (a). (c) The commissioner shall adopt rules to provide the University Interscholastic League with a periodic calendar of dates reserved for testing for planning purposes under this section. The periodic calendar must be provided at least every three years on or before May 1 of the year preceding the three-year cycle of reserved testing dates. (d) In adopting rules under this section, the commissioner shall: (1) include a procedure for changing, in exceptional circumstances, testing dates reserved under the periodic calendar; (2) define circumstances that constitute exceptional circumstances under Subdivision (1) as unforeseen events, including a natural disaster, severe weather, fire, explosion, or similar circumstances beyond the control of school districts or the agency; and (3) establish criteria for determining whether a University Interscholastic League area, regional, or state competition must be canceled if that event conflicts with a changed testing date. (e) This section does not apply to testing dates on which assessment instruments are administered only to students retaking assessment instruments. Added by Acts 2005, 79th Leg., ch. 812, § 1, eff. June 17, 2005. § 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. § 33.091. PREVENTION OF ILLEGAL STEROID USE. (a) In this section: (1) "League" means the University Interscholastic League. (2) "Parent" includes a guardian or other person standing in parental relation. (3) "Steroid" means an anabolic steroid as described by Section 481.104, Health and Safety Code. (b) The league shall adopt rules prohibiting a student from participating in an athletic competition sponsored or sanctioned by the league unless: (1) the student agrees not to use steroids; and (2) the league obtains from the student's parent a statement signed by the parent and acknowledging that: (A) state law prohibits possessing, dispensing, delivering, or administering a steroid in a manner not allowed by state law; (B) state law provides that bodybuilding, muscle enhancement, or the increase of muscle bulk or strength through the use of a steroid by a person who is in good health is not a valid medical purpose; (C) only a medical doctor may prescribe a steroid for a person; and (D) a violation of state law concerning steroids is a criminal offense punishable by confinement in jail or imprisonment in the Texas Department of Criminal Justice. (c) The league shall: (1) develop an educational program for students engaged in extracurricular athletic activities sponsored or sanctioned by the league, parents of those students, and coaches of those activities regarding the health effects of steroid use; and (2) make the program available to school districts.Text of subsecs. (d)-(f) effective until January 15, 2007 (d) During the 2005-2006 school year, the league shall conduct a survey regarding the extent of illegal steroid use by high school students, including students engaged in extracurricular athletic activities sponsored or sanctioned by the league. The survey must be designed to determine: (1) the number of high school students found by school districts to have possessed or used illegal steroids; (2) the number of school districts that test high school students, including students engaged in extracurricular athletic activities, for the presence of illegal steroids in the students' bodies; and (3) any other information the league considers indicative of illegal steroid use by high school students engaged in extracurricular athletic activities. (e) The league shall: (1) cooperate with an appropriate public or private entity to study the effectiveness of the educational program required by Subsection (c); (2) develop a plan for testing students engaged in extracurricular athletic activities sponsored or sanctioned by the league for the presence of illegal steroids in the students' bodies; and (3) not later than December 1, 2006, file a written report with the legislature regarding: (A) the results of the survey required by Subsection (d); (B) the results of the study required by Subdivision (1); and (C) the plan for testing students required by Subdivision (2). (f) If, based on the report required under Subsection (e)(3), the legislature determines that the educational program required by Subsection (c) has not significantly reduced the use of illegal steroids by students engaged in extracurricular athletic activities, the legislature may require the league to implement the steroid testing plan developed under Subsection (e)(2). (g) The league may increase the membership fees required of school districts that participate in athletic competitions sponsored or sanctioned by the league in an amount necessary to offset the cost of league activities under this section. (h) Subsection (b)(1) does not apply to the use by a student of a steroid that is dispensed, prescribed, delivered, and administered by a medical practitioner for a valid medical purpose and in the course of professional practice.Text of subsec. (i) effective until January 15, 2007 (i) The league shall develop the educational program required by Subsection (c) not later than September 1, 2005. This subsection and Subsections (d), (e), and (f) expire January 15, 2007. Added by Acts 2005, 79th Leg., ch. 1177, § 1, eff. June 18, 2005.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.
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