PUBLIC SCHOOLS AND TRANSPARENCY: SCHOOL DISTRICTS ON THE FOREFRONT OF OPEN GOVERNMENT

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1 Texas Association of School Boards PUBLIC SCHOOLS AND TRANSPARENCY: SCHOOL DISTRICTS ON THE FOREFRONT OF OPEN GOVERNMENT Advocacy. Leadership. Excellence. January 2015

2 Contents Introduction... 5 Required Data Reports... 6 Electronic Student Records System... 6 Electronic Data Reporting Systems... 6 Financial Integrity Rating System of Texas... 7 Criminal History Notifications to the State Board for Educator Certification... 7 Bilingual Education and Special Language Programs Reports... 8 Compensatory Education Allotment Report... 8 Public Hearings / Meetings... 9 Donation of Surplus Property... 9 District-Level Planning and Decision-Making Committees... 9 Campus-Level Planning and Decision-Making Committees... 9 Salary Reductions... 9 Accelerated Instruction Programs... 9 High School Equivalency Programs Waiver from Providing Free Breakfast to All Students Academic Notices/Reports Notice of Incomplete Disciplinary Placement Truancy Warning Notices Truancy Complaints Notice of Missing Children Notice of Class Size Limit Waiver Ratios in Physical Education Classes Notice of Parental Rights under the Family Educational Rights and Privacy Act (FERPA) Parental Permission for Parenting and Paternity Awareness Instruction Information about Anti-Sexting Programs Notice of Student Physical Activity Policies and Data Notice of Availability of Student Physical Fitness Assessment Results Notice of School Health Advisory Council Meetings Notice of Human Sexuality Instruction Posting of Steroid Law Notice Compliance with Concussion Oversight Teams Notice of Food Service and Vending Machine Guidelines Notice of Tobacco Use Policies Report of Diagnostic Reading Test Results Report of Technology Literacy Assessment Results Availability of Prekindergarten Programs Notice of Courses Offered through the State Virtual School Network Notice of Available College Credit Programs for High School Students Notice of Early High School Graduation Scholarship Program... 16

3 Reporting of College Preparation Assessment Results Notice of Top 10 Percent Automatic College Admissions Law and Eligibility, Curriculum Requirements for Financial Aid Student Report Cards and Notice of Unsatisfactory Performance Student Transcripts Notice of Bilingual and Special Language Programs Dissemination of Gifted and Talented Program Policies Response to a Parent Request for a Full Individual and Initial Evaluation Personal Graduation Plans Public Notice Concerning Preschool Program for Students with Disabilities Notice of Transition and Employment Guide Student Success Initiative Notice Notice and Report of Results of Intensive Math and Science Instruction Programs Notice of Public Education Grant Eligibility Information for Parents Concerning Supplemental Education Services Submission of Plans to Increase Higher Education Enrollment Generation Texas Week Dropout Prevention Strategies Counseling Regarding Postsecondary Education Football Helmet Safety Requirements Proof of Compliance with Safety Training Notice to Home-Schooled Students Student Code of Conduct Notice to Law Enforcement Disciplinary Alternative Education Program Placement and Expulsions Report Bullying in Public Schools Annual Improvement in Student Achievement Report Annual Report for Summer Instruction for Educationally Disadvantaged Students Educational Needs of Children in the Conservatorship of the DFPS Teacher Report Card Campus/School Report Cards Annual School District Performance Report Notice of Campus Rating Notice of Ratings for Community and Student Engagement Posting District and Campus Performance Reports Notice of District s Low Accreditation Status Notice of Student Promotion Requirements Hearing on Improvement Plan for Low-Performing Campuses Adoption of Major Curriculum Initiatives by a School District Tax and Finance Notices/Reports Notice of Maintenance and Operations Tax Rates Reporting of Tax Rates Annual Financial Management Report, Notice, and Hearing Hearing Regarding Use of High School Allotment Funds Notice of Proposed Budget and Tax Rate Budget Summary Report Filing of Adopted Budget

4 Posting of Adopted Budget Expenditure and Revenue Report Report of Instructional Expenditures Ratio and Instructional Employees Ratio Annual Audit Report Audit of Purchasing Contracts Personnel Notice of Vacant Positions Notice of Inappropriately Certified or Uncertified Teachers School District Teaching Permits Dissemination of Employment Policies Notice of Assault Leave Notice of Group Health Benefits for School Employees Retiree Report Monthly Report of District Contributions for Employee Compensation above the State Minimum Salary Schedule Requirement for Public Hearing before Payment in Excess of Contract General Governance Notices/Reports Detachment and Annexation Notices Electricity, Water, and Natural Gas Consumption Report Report of Natural Gas and Liquefied Petroleum Pipe Testing Results Notification of Landowner s Bill of Rights Certification of Instructional Materials Compliance School Breakfast and Lunch Program Data Report Bus Accident Report Report of Multihazard Emergency Operations Plan and School Facilities Security Audit Immunization Awareness Program Student Immunization Status Report Dissemination of Bacterial Meningitis Information Inclusion of Policies Related to Child Sexual Abuse and Other Maltreatment Posting Child Abuse Hotline Telephone Number Reporting of Cardiovascular Screening Results Posting of Conflicts of Interest Disclosure Statements Online Posting of Political Contributions and Expenditures for School Trustees and Candidates Right of a Trustee to Obtain Information Notice of School Board Meetings Documentation of Training Requirements Submission of Campus and District Improvement Plans Notices Required for Purchase Valued at $50,000 or More Notices Required for Awarding Competitive Bidding Contracts for Purchase Report of Management Fees under Purchasing Contracts Construction Contract for Facilities Competitive Bidding Construction Contract for Facilities Construction Manager-At-Risk Construction Contract for Facilities Competitive Sealed Proposals Construction Contract for Facilities Design-Build Method Posting of Proposals and Public Comment and Public Access to Procurement Records Awarding Job Order Contracts

5 Notice of an Election Notice of Boundary Change to Voter Registrar Notice of Information Redacted in Response to Open Records Request Notice of Request for an Attorney General Opinion Regarding Public Information Request Public Information Involving Official Business of Governmental Bodies Written Electronic Communication between Trustees Penalties for Misreporting Falsification of Records Failure to Provide Notice of Proposed Budget and Tax Rate Meeting Failure to Comply with Budget Requirements Failure to Make a Treasurer s Report Failure to File Retiree Report Glossary

6 Public Schools and Transparency: School Boards on the Forefront of Open Government Introduction School boards are elected locally to ensure that the schools in that community are governed and operated properly both fiscally and academically. Since school districts rely on public funding, school boards are accountable to the public for how they spend district funds. Virtually all of the school board s work is conducted in the public forum, and all action conducted by the board is public record. Agendas are posted in advance of meetings, and school districts are legally required to grant the public access to the minutes and recordings of an open school board meeting. Although discussion in executive session is considered closed under the Open Meetings Act, all final action must be taken in an open meeting. The work of the school board is intentionally visible because the schools belong to the community and because the students are the primary concern. School districts regularly provide parents with information about their children s and schools academic performance and provide the public with a myriad of notices about the financial status of the district. Furthermore, districts must report hundreds of detailed academic, financial, demographic, and personnel data to the Texas Education Agency (TEA), which are posted for public scrutiny on the TEA Website. If a parent or taxpayer wants any information about their school district, chances are it is readily available or posted electronically. With the exception of a few categories of personally identifiable student information and certain personnel records, taxpayers can obtain even more detailed information by filing an open records request with the district. This document explains how effective a school district is with transparency and how accessible and open a school district is with the public. Thus, policymakers should carefully weigh the public benefit against the burden each additional reporting requirement would impose on their school districts. 5

7 Required Data Reports Electronic Student Records System School districts, open-enrollment charter schools, and institutions of higher education must participate in an electronic student records system that allows for the electronic transfer of a student s records to and from the educational institution in which the student is enrolled and retrieval of student transcripts. The system must include, at a minimum, the following for each student: course or grade completion; teachers of record; assessment results; the receipt of any special education services, including the individualized education program developed for the student; and personal graduation plans. These entities are also required to comply with any other standards for the electronic records system approved by the commissioner of education and commissioner of higher education. Texas Education Code, Electronic Data Reporting Systems School districts must submit data to the Texas Education Agency (TEA) through various electronic reporting systems, including the Public Education Information Management System (PEIMS). The most extensive of the reporting systems, PEIMS collects data required by state and federal law. In the school year, there were 162 data elements in PEIMS. School districts are required to adopt a uniform accounting system to report the specified academic, demographic, and financial data elements, including the following: Student demographic data Student enrollment data, including campus, grade, special program participation, and various indicators of student characteristics Student academic performance, including extensive information regarding student performance on state assessments; ACT and SAT results; the percentage of students taking accelerated instruction, disaggregated by grade level; the percentage of students promoted by a grade placement committee (GPC); and the percentage of limited English proficient (LEP) students exempted from the state assessments Student attendance information for each six-week period and special program participation Course completion data for grades 9 12, including results of "articulated postsecondary degree programs" and certified workforce training programs Student graduation information, including the percentage of students who enroll and begin college during the year following high school graduation and the percentage of students who complete their first year of college without remedial instruction School leaver information Disciplinary actions Special education data Federal data required by the Elementary and Secondary Education Act, Title I, Part A Personnel data, including demographic information, highest degree level, years of professional experience, employment history data, and work assignments School district finances, including both budgeted and actual revenue and expenditures disaggregated by object and function, shared services, organization, and programs The cost of using school buses for purposes other than transportation of students to and from school Prekindergarten program data, including student demographic and eligibility data, the number of half- and full-day classes offered, and sources of funding The number of students enrolled in The Foundation High School Program (FHSP) The number of students pursuing the distinguished level of achievement under FHSP The number of students enrolled in a program to earn an endorsement under FHSP The enrollment of students who are military connected The foster care status of students 6

8 Grade level retention The number of students identified as having dyslexia The results of assessment instruments administered to students enrolled in the Texas Virtual School Network (separately from other student assessment results) If a district is required to offer a bilingual or special language program, the demographic information of eligible students, the number and percentage of students enrolled in each type of instructional model, the number and percentage of students identified as limited English proficient (LEP) not receiving services, and the classification of the district s bilingual and English as a second language (ESL) programs Child Nutrition Program Information Management System (CNPIMS) CNPIMS is designed to meet the administrative data requirements of the National School Lunch, School Breakfast, and Afterschool Snack reimbursement systems. The 21st Century Tracking and Reporting System This system tracks student participation in out-of-school activities for the Texas 21st Century Community Learning Centers grant program (189 data elements). Educational Materials (EMAT) System A web-based ordering system, EMAT allows schools to place textbook orders, adjust student enrollments, and update district inventories (100 data elements). E-Grants This web portal allows districts to submit applications and related documentation for approximately 57 percent of the grant programs TEA administers. There are also 18 paper data collection instruments and short-term data collections, such as one-time surveys or transitional collection systems, for which school districts must report data. Texas Education Code, 7.029(b-1), (c), (e-2), (a) (b),.083,.1532(c), 30A.110(c), (b), , Comprehensive Annual Report on Texas Public Schools, p Financial Integrity Rating System of Texas School districts are required to report specified financial data to TEA, and TEA must assign a financial accountability rating to each district. The data that districts are required to submit to TEA under the Financial Integrity Rating System of Texas (FIRST) and upon which the districts financial accountability ratings will be based include fiscal responsibility, budgeting, personnel, and cash management indicators. School districts may be sanctioned if consistently rated Substandard Achievement. Texas Education Code, ,.102 Texas Administrative Code, Title 19, Part 2, Chapter 109, Subchapter AA Criminal History Notifications to the State Board for Educator Certification The superintendent of a school district or the director of an open-enrollment charter school, private school, regional education service center, or shared services arrangement shall promptly notify the State Board for Educator Certification (SBEC) in writing if the person obtains or has knowledge of information showing that an applicant for or holder of a teaching certificate has a reported criminal history. In addition, a superintendent or director must notify SBEC in writing if he or she has reasonable cause to believe that an educator employed by or seeking employment has a criminal record, an educator s employment is 7

9 terminated based on criminal activity, an educator resigns and reasonable evidence would support a termination based on criminal activity, or an educator has engaged in behavior that violates statutory assessment instrument security procedures. Texas Education Code, , Bilingual Education and Special Language Programs Reports Districts required to offer bilingual education or special language programs must report additional PEIMS data to assist TEA in evaluating the effectiveness of the programs. The required information includes demographic information about the enrolled students, the number and percentage of students enrolled in each type of instructional program offered by the district, and the number and percentage of students identified as students of limited English proficiency who do not receive specialized instruction. Texas Education Code, Compensatory Education Allotment Report TEA rules require each school district and open-enrollment charter school to report annually to TEA, through PEIMS, detailed financial information relating to expenditures of the state compensatory education allotment. Texas Education Code, (q) Texas Administrative Code, Title 19, Part 2, Chapter 109, Subchapter B,

10 Public Hearings / Meetings Donation of Surplus Property Before adopting a resolution to donate real property and improvements formerly used as a school campus to a municipality, county, state agency, or nonprofit organization, the school board must hold a public hearing after providing notice of the hearing in a newspaper having general circulation in the district. Texas Education Code, District-Level Planning and Decision-Making Committees The district-level committees must hold at least one public meeting per year after receipt of the annual district performance report from TEA for the purpose of discussing the performance of the district and the district performance objectives. Texas Education Code, (e) Campus-Level Planning and Decision-Making Committees Each campus-level committee must hold at least one public meeting per year after receipt of the annual campus rating from TEA to discuss the performance of the campus and the campus performance objectives. Texas Education Code, (g) Salary Reductions Before acting on a salary reduction proposal, including a furlough program, a school board must hold a public meeting at which the board and school district administration present information regarding the options considered for managing the district s available resources, an explanation of how the district intends to limit the number of district employees who will be discharged or whose contracts will be nonrenewed, and information regarding the local option residence homestead exemption. The public and school district employees must be allowed to comment at this meeting. Texas Education Code, Accelerated Instruction Programs A school district must annually evaluate its accelerated instruction programs related to end-of-course assessment performance and hold a public hearing to consider the results. In addition, the district must evaluate and document the effectiveness of other accelerated instruction programs related to state assessment performance in reducing any disparity in performance or disparity in high school completion between at-risk students and all other students. The district must also separately budget funds for accelerated instruction for end-of-course assessments and may not budget compensatory education funds for any other purpose until this has been done. Texas Education Code, (b), (b-1), (b-2), (b-3), (c) 9

11 High School Equivalency Programs Before applying to operate a high school equivalency program and on an annual basis if a program is in operation, a school district must hold a public hearing concerning the proposed application and to review the performance of the program, as applicable. Texas Education Code, (k) Waiver from Providing Free Breakfast to All Students A school district campus in which 80 percent or more of its students qualify for free or reduced price breakfast must offer free breakfast to all students on the campus. If the school board wishes to request a waiver to this requirement, it must do so at the meeting at which the annual budget is being considered and it must list the waiver as a separate action item for consideration and provide opportunity for public comment. Texas Education Code, (b), (c) 10

12 Academic Notices/Reports Notice of Incomplete Disciplinary Placement The district from which a student transfers must notify the district in which the student enrolls if the transferring student was subject to an unexpired disciplinary action (e.g., an expulsion, suspension, DAEP placement) at the time of the transfer. Texas Education Code, Truancy Warning Notices At the beginning of each school year, a school district must notify a student s parent in writing that if a student is absent from school for 10 or more days or parts of days within a six-month period in the same school year or three or more days or part of days within a four-week period, the student and parent are subject to prosecution for failure to attend school. Additionally, if a student is absent without excuse for three days or parts of days within a four-week period, the district must inform the parent of the parent s duty to monitor the student s school attendance and the possibility of prosecution for contributing to nonattendance and must request a conference with the parent (and school officials) to discuss the absences. Texas Education Code, Truancy Complaints School districts must file a complaint in the appropriate court against the parent, student, or both when a student fails to attend school without excuse on 10 or more days or parts of days within a six-month period in the same school year. Texas Education Code, Notice of Missing Children A school district must notify the missing children and missing persons information clearinghouse if a child is enrolled in the district under a name other than the child s name as it appears on identifying documents or prior school records provided by the child s parent or guardian upon enrollment. If identifying documents are not provided to the district within 30 days of the child s enrollment, the district must notify the police of the city or sheriff of the county in which the district is located and request a determination of whether the child has been reported as missing. Texas Education Code, (b) (c) Notice of Class Size Limit Waiver School districts must provide notice of the class size limit waiver and the number of students in the class to the parent of each student in the affected class within 31 days of the beginning of school or the date the commissioner of education grants the waiver. Texas Education Code,

13 Ratios in Physical Education Classes When a district establishes a student-to teacher ratio greater than 45 to 1 in a physical education class, the district must specifically identify the manner in which the safety of all students will be maintained. Texas Education Code, (b) Notice of Parental Rights under the Family Educational Rights and Privacy Act (FERPA) At the beginning of each school year or when a student enrolls in the district after the school year has started, the school district must provide the parent of each student a written explanation of the FERPA provisions regarding the release of directory information about the student, notice of parent s rights to prevent the district from releasing directory information about the student without the parent s prior written consent, and notice of the parent s right to prevent the district from releasing a high school student s name, address, and telephone number to a military recruiter, college, or university without the parent s prior written consent. Texas Education Code, Parental Permission for Parenting and Paternity Awareness Instruction A school district must obtain the written permission of a student s parent or guardian in order for the student to participate in parenting and paternity awareness instruction if the student is under 14 years of age. Texas Education Code, (p-4) Information about Anti-Sexting Programs Each school district must annually provide to parents and students in appropriate grade levels information on programs developed to address the dangers of students sharing visual material depicting a minor engaged in sexual conduct. Texas Education Code, (c) Notice of Student Physical Activity Policies and Data A school district must publish in the student handbook and post on the district s website, if the district has a website, a statement of the policies adopted to ensure that elementary school, middle school, and junior high school students engage in the minimum required amount and level of physical activity. The statement must consist of: The number of times during the preceding year the district s school health advisory council has met, Whether the district has adopted and enforces policies to ensure that district campuses comply with agency vending machine and food service guidelines for restricting student access to vending machines, and Whether the district has adopted and enforces policies and procedures that prescribe penalties for the use of tobacco products by students and others on school campuses or at schoolsponsored or school-related activities 12

14 Additionally, each school district must provide to TEA district- and campus-level data relating to student health and physical activity. Texas Education Code, (k)(1) (2), Notice of Availability of Student Physical Fitness Assessment Results A school district must annually assess the physical fitness of students enrolled in grades A school district must provide to TEA individual physical fitness assessment results. The summary results may not contain the names of individual students or teachers or a student s social security number or date of birth. A school district must publish in the student handbook and post on the district s website, if the district has a website, notice that a parent may request in writing his or her child s physical fitness assessment results at the end of the school year. Texas Education Code, (k)(3), ,.103 Notice of School Health Advisory Council Meetings Each school board must establish a local school health advisory council (SHAC) to help ensure that local community values are reflected in the district s health education instruction. The district must publish in the student handbook and post on the district s website, if the district has a website, a statement of the number of times during the preceding year the district s school health advisory council met. Additionally, the SHAC must establish a physical activity and fitness planning subcommittee to consider issues related to and make policy recommendations to increase student physical activity and improve student fitness. At least annually, the SHAC must submit to the school board a written report with any recommendations made by the subcommittee. Texas Education Code, (c), (k), (I-1) (n) Notice of Human Sexuality Instruction Prior to each school year, a school district must provide written notice to a parent of each student enrolled in the district of the school board s decision regarding whether the district will provide human sexuality instruction. If instruction will be provided, this notice must include a summary of the basic content of the instruction, a statement of a parent s right to review the materials and to remove a student from the district s instruction on human sexuality, and information describing a parent s opportunity to participate in the local school health advisory council. Texas Education Code, (i) (j) Posting of Steroid Law Notice School districts must post the following notice in gymnasiums and other locations where physical education is taught to students in grades seven and higher: Anabolic steroids are for medical use only. State law prohibits possessing, dispensing, delivering, or administering an anabolic steroid in any manner not allowed by state law. State law provides that body building, muscle enhancement, or the increase of muscle bulk or strength through the use of an anabolic steroid or human growth hormone by a person who is in good health is not a 13

15 valid medical purpose. Only a medical doctor may prescribe an anabolic steroid or human growth hormone for a person. A violation of state law concerning anabolic steroids or human growth hormones is a criminal offense punishable by confinement in jail or imprisonment in the institutional division of the Texas Department of Criminal Justice. Each school district must provide information about the use of anabolic steroids and the health risks involved with such use at appropriate grade levels as determined by the State Board of Education (SBOE). Texas Education Code ,.0081(b) Compliance with Concussion Oversight Teams A student may not participate in an University Interscholastic League (UIL) athletic activity for a school year until both the student and the student s parent sign a form approved by the UIL that acknowledges receiving and reading written information that explains concussion prevention, symptoms, treatment, and oversight and that includes guidelines for safely resuming participation in an activity after a concussion. The superintendent or designee must supervise the person that is responsible for the district s return to play protocol prescribed by law. Members of a district s concussion oversight team must submit proof of timely completion of required training to the superintendent. Texas Education Code, ,.157(c),.158(f) Notice of Food Service and Vending Machine Guidelines A school district must publish in the student handbook and post on its website, if the district has a website, a statement regarding whether the district has adopted and enforces policies to ensure that district campuses comply with TEA food service and vending machine guidelines. Texas Education Code, (k)(2)(B) Notice of Tobacco Use Policies A school district must publish in the student handbook and post on its website, if the district has a website, a statement regarding whether the district has adopted policies and enforces penalties for tobacco use by students and others on school campuses or at school-sponsored or school-related activities. Texas Education Code, (k)(2)(C) Report of Diagnostic Reading Test Results Each school district must administer in kindergarten and grades 1 and 2 an approved reading instrument to diagnose student reading development and comprehension. At the beginning of grade 7, a school district must administer an approved reading instrument to each student who did not achieve proficiency on the grade 6 State of Texas Assessments of Academic Readiness (STAAR) reading test. The district must then report in writing to the student s parents the results of the reading instruments and, for students in kindergarten through grade 2, whether the student is at risk for dyslexia or a related disorder. The district must also report the results of the reading instruments to the school board and commissioner of 14

16 education. The district must make a good faith effort to ensure the required notices are provided either in person or by regular mail, are clear and easy to understand, and are written in English and in the parent s native language. Texas Education Code, Report of Technology Literacy Assessment Results School districts selected by the commissioner of education to participate in a pilot program in which a participating school district assesses the technology proficiency of each student in grades 5 9 must report student performance on the assessment to TEA. Texas Education Code, Availability of Prekindergarten Programs Each school district must develop a system to notify the population in the district with children who are eligible for enrollment in free prekindergarten of the availability of the class. Public notices must be provided in English and Spanish. Texas Education Code, (e) Notice of Courses Offered through the State Virtual School Network School districts are required to notify students and parents of the option to enroll in an electronic course offered through the state virtual school network. This notice may be included at the time and in the manner that districts and charter schools inform students and parents about traditional course offerings. A school district must, at least once per year, send to the parents of each middle and high school student a copy of the district s policy on the opportunities to enroll in courses provided through the Texas Virtual School Network. Texas Education Code, (a), 30A.007(a), (a-1) Notice of Available College Credit Programs for High School Students School districts must implement a program allowing students to earn the equivalent of at least 12 semester credit hours of college credit in high school. The college credit may be earned through international baccalaureate, advanced placement, dual credit, articulated college courses provided for local credit, or articulated college technical credit courses provided for state credit. School districts must annually report to TEA (1) the number of students, including career and technical students, who have participated in the program and earned college credit and (2) the cumulative number of courses in which participating district students have enrolled and college hours the students have earned. Districts must also annually notify parents of students enrolled in grade 9 and above of the availability of the courses in the district for which a student may earn college credit. A school district may provide this notification on the district s website. The notification must include the name and contact information of any public or private entity offering a program in the district. Texas Education Code,

17 Notice of Early High School Graduation Scholarship Program Public high schools must notify each student initially enrolling of the requirements of the Early High School Graduation Scholarship program, including the number and type of courses necessary and the order in which the courses must be earned in order to be eligible for the program. Texas Education Code, Reporting of College Preparation Assessment Results Each school district must administer annually and at state cost a national norm-referenced college preparatory exam to students in grades 8, 10, 11, or 12. The assessment must be designed to diagnose the academic strengths and deficiencies of students before entrance into high school (grade 8), measure a student s progress toward readiness for college and the workplace (grade 10), and be used by colleges and universities as part of their undergraduate admissions processes. The vendor of the exams must report student performance on those exams to TEA, which, in turn, must include the results on each student s transcript and report results to students parents. Districts are required to administer these exams only if the Legislature appropriates sufficient funds to cover the costs. Texas Education Code, Notice of Top 10 Percent Automatic College Admissions Law and Eligibility, Curriculum Requirements for Financial Aid The school board must require every high school to post appropriate signs in each counselor s office, principal s office, and administrative building explaining the law for automatic college admission and stating the curriculum requirements for financial aid. The district must also require that each high school counselor and senior class advisor explain the automatic college admission law to eligible students. Notification is also specifically required when a student first registers for high school courses and at the beginning of an eligible student s junior and senior school year. Texas Education Code, Student Report Cards and Notice of Unsatisfactory Performance At least once every 12 weeks, school districts must give each student s parent or guardian written notice of the student s performance in each class or subject. At least once every three weeks, or during the fourth week of a nine-week grading period, school districts must provide the parent or guardian written notice of the student s performance in a foundation curriculum subject (English language arts, mathematics, science, and social studies) if the student s performance is consistently unsatisfactory. A student s first report card must include whether the student s campus has been awarded a distinction designation or has been identified as an "academically unacceptable" campus and the significance of that information. Texas Education Code, , Student Transcripts School districts must report the academic achievement record of students who have completed a minimum, recommended, advanced, or foundation high school program on transcript forms adopted by the State Board of Education. In addition, transcripts must indicate any endorsement or performance acknowledgment earned under FHSP, as well as whether the student met the criteria for the 16

18 distinguished level of achievement under FHSP. The transcripts must clearly differentiate between each of the high school programs and identify whether the student received a diploma or a certificate of coursework completion. Texas Education Code, (e), (e-1) Notice of Bilingual and Special Language Programs Before November 1 of each year, the school board must report to TEA the number of students of limited English proficiency (LEP) on each campus and classify each student according to the student s primary language. Each district with an enrollment of 20 or more LEP students in any language classification in the same grade level must offer a bilingual education or special language program. Texas Education Code, (b) (c) Dissemination of Gifted and Talented Program Policies School districts must develop and disseminate to parents policies on the identification of students for the gifted and talented program. Texas Administrative Code, Title 19, Part 2, Chapter 89, Subchapter A, 89.1 Response to a Parent Request for a Full Individual and Initial Evaluation When a parent makes a request to the school district s director of special education or to a district administrative employee for a full individual and initial evaluation for special education services, the school district must, not later than the 15th school day after the date the district receives the request, provide an opportunity for the parent to give written consent for the evaluation or refuse to provide the evaluation and provide the parent with notice of the relevant procedural safeguards. Texas Education Code, (c) Personal Graduation Plans A school district must publish information on its website and ensure the information is made available to students in grade 9 and above and their parents regarding the advantages of pursuing the distinguished level of achievement under the Foundation High School Program and each endorsement as prepared by TEA, the Texas Workforce Commission, and the Texas Higher Education Coordinating Board. This information is provided in English and Spanish, but a district is required to provide this information in any other language if at least 20 students in a grade level primarily speak that language. Personal graduation plans must be reviewed with each student entering grade 9 and with that student s parent or guardian. Before the conclusion of a student s ninth grade year, the student and parent or guardian must sign off on a personal graduation plan. Personal graduation plans must also be developed for students at the junior high or middle school level if the student does not perform satisfactorily on a state assessment or if the district determines a student is unlikely to graduate high school in four years. Texas Education Code, ,

19 Public Notice Concerning Preschool Program for Students with Disabilities Each school district must develop a system to notify the population in the district with children at least three years of age but younger than six years of age and who are eligible for enrollment in a special education program of the availability of the program. Texas Education Code, Notice of Transition and Employment Guide A school district must post on the district s website, if the district maintains a website, the transition and employment guide developed by TEA and the Texas Health and Human Services Commission for students enrolled in special education programs and their parents. The guide provides information on statewide services and programs that assist in the transition to life outside the public school system. The district must also provide written information to parents regarding how to access the electronic version of this guide at the first admission, review, and dismissal (ARD) committee meeting at which transition is discussed and assist the parent in accessing it if necessary. Texas Education Code, (e) Student Success Initiative Notice Each time a student fails a STAAR assessment required for grade advancement (i.e., the grade 5 or 8 math or reading STAAR tests), the school district must provide the student with accelerated instruction in the applicable subject. If a student fails a STAAR test a second time, the district must establish a grade placement committee (GPC) to prescribe the accelerated instruction the district must provide the student before he or she takes the STAAR test for the third time. The district must notify the parent or guardian of the time and place for convening the GPC and the purpose of the committee. The district must also notify the parent or guardian of (1) the student s failure on the test, (2) the accelerated instruction program to which the student is assigned, and (3) the possibility that the student might be retained at the same grade level for the next school year. Texas Education Code, (c) (d) Texas Administrative Code, Title 19, Part 2, Chapter 101, Subchapter BB, Notice and Report of Results of Intensive Math and Science Instruction Programs A school district may provide an intensive afterschool or summer school math or science program for students who are not performing at grade level in math or science, students who are not performing successfully in a math or science course, or other students, as determined by the district. The school board must adopt a policy to ensure that the parents of eligible students receive notice of the program(s) and must report the student performance results to the commissioner of education. Texas Education Code, (b) (c) Notice of Public Education Grant Eligibility No later than January 1 of each year, the commissioner of education must notify each school district of the campuses within the district at which students are eligible to receive a Public Education Grant (PEG) to transfer to another school in the same or in a different district. By February 1 of each year, districts must notify each parent of a student attending a campus on the PEG list that the student is eligible for a 18

20 PEG. The notice must contain a clear, concise explanation of the PEG program and of the manner in which the parent may obtain further information about the program. Texas Education Code, Information for Parents Concerning Supplemental Education Services A school district must notify parents of children enrolled in the school district about supplemental educational services. The notice must include a statement provided by TEA that (1) identifies characteristics of supplemental educational services that, based on rigorous research, have been demonstrated to be more likely to foster academic improvement, including how much time may be needed for improved performance, and (2) for each subject, sorts the service providers serving district students according to the provider s level of effectiveness in the applicable subject area. Texas Education Code, Submission of Plans to Increase Higher Education Enrollment If a school district is notified by TEA that it ranks among the lowest 10 percent of high schools in the state in the percentage of students graduating high school and enrolling in an institution of higher education for the following year, the district must enter into an agreement with the closest institution of higher education no later than August 1 of that year. The district will work with the institution of higher education to develop a plan to increase the percentage of graduates who enroll in an institution of higher education within the year following high school graduation. The plan must be submitted to TEA and the Texas Higher Education Coordinating Board. Texas Education Code, (c), (e) Generation Texas Week Each school district must designate one week during the school year as Generation Texas Week, in which comprehensive grade-level information must be provided regarding the pursuit of higher education. The information must include higher education options, standard admission requirements of institutions of higher education, automatic admission guidelines, and financial aid availability and requirements. A public speaker to promote the importance of higher education must also be provided. Texas Education Code, Dropout Prevention Strategies A school district with a high dropout rate, as determined by the commissioner of education, must submit a plan to the commissioner describing the manner in which the district intends to use its compensatory education and high school allotment for developing and implementing appropriate dropout prevention strategies. This plan must be submitted by December 1 of each school year preceding the school year in which the district will receive the allotments. Texas Education Code, (a) 19

21 Counseling Regarding Postsecondary Education Each school counselor at an elementary, middle, or junior high school must advise students and their parents or guardians of the importance of postsecondary education, coursework designed to prepare students for postsecondary education, and financial aid availability and requirements. During the first school year a student is enrolled in high school and each year thereafter, a school counselor must provide information about postsecondary education, which must include items prescribed in law. At the beginning of grades 10 and 11, a school counselor must explain the requirements of automatic admission to each student who has a grade point average in the top 25 percent of the student s high school class. Texas Education Code, Football Helmet Safety Requirements A school district must maintain and make available to parents of students enrolled in the district documentation indicating the age of each football helmet used in the district s football program and the dates on which each helmet is reconditioned. Texas Education Code, (c) Proof of Compliance with Safety Training A school must make available to the public proof of compliance for each person required by law to receive safety training related to participation in extracurricular activities. The superintendent is charged with maintaining complete and accurate records. In addition, each school that offers an extracurricular activity must prominently display at its administrative offices the telephone number and address at which a person could file a complaint regarding an alleged violation of the required safety training. Schools that offer extracurricular athletic activities must distribute a copy of the University Interscholastic League s parent information manual. Texas Education Code, Notice to Home-Schooled Students A school district must permit a home-schooled student who is entitled to attend school in the district to participate in an administration of the Preliminary Scholastic Achievement Test (PSAT)/National Merit Scholarship Qualifying Test (NMSQT) or a college advanced placement test offered by the district. The school district must post on its website the date when the tests will be administered. The notice must state that the PSAT/NMSQT or the advanced placement test is available for home-schooled students eligible to attend school in the district and describe the procedures for a home-schooled student to register for the test. A school district that does not maintain a website must publish the required information in a newspaper in the district or county. Texas Education Code,

22 Student Code of Conduct The school board must adopt a student code of conduct that specifies the circumstances in which a student may be removed from a classroom, campus, disciplinary alternative education program, school bus, or vehicle owned or operated by the district. In addition, the code must specify conditions that authorize or require the transfer of a student to a disciplinary alternative education program; outline conditions under which a student might be suspended or expelled; and specify that considerations will be given to self-defense, intent or lack of intent, disciplinary history of the student, and whether the student has a disability that substantially impairs capacity to appreciate wrongdoing in a disciplinary decision that would result in consequences from suspension to more restrictive consequences. The code must also address how parents will be notified of violations, address how the district will prohibit bullying, and provide student discipline and management methods. The district must post and prominently display the student code of conduct or make it available for review at each campus. Additionally, the school district must provide yearly notice and information regarding the student code of conduct to parents. Teachers must also be provided with a copy of the district s discipline policies, including the code of conduct, and must receive a copy of Chapter 37 of the Texas Education Code. Texas Education Code, ,.018 Notice to Law Enforcement A principal must notify the local law enforcement agency if the principal suspects that a student has engaged in certain criminal offenses as identified in law. Notice must also be provided to each instructional and support employee who has regular contact with the student(s) involved. Texas Education Code, Disciplinary Alternative Education Program Placement and Expulsions Report For each student placed in a disciplinary alternative education program (DAEP) or who is expelled, a school district must report annually to the commissioner of education the following: information identifying the student, including the student s race, sex, and date of birth; whether the student was removed from class or expelled for a mandatory or discretionary reason; the length of the DAEP placement or expulsion; and the number of DAEP placements or expulsions that were inconsistent with the placement length guidelines contained in the district s student code of conduct. For expulsions, the district also has to report whether the student was placed in a juvenile justice alternative education program (JJAEP), placed in a DAEP, or neither. Texas Education Code, Bullying in Public Schools A school district s policy and procedures on bullying must be included in the student and employee handbooks annually and in the district improvement plan. The procedures must include providing notice of a bullying incident to the parent or guardian of the victim and the bully within a reasonable amount of time after the incident. To the extent practicable, the procedures for reporting bullying must also be posted on a district s website. Texas Education Code, (c) (e) 21