CHAPTER 19. SCHOOLS IN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE - Texas Statutes

EDUCATION CODE

TITLE 2. PUBLIC EDUCATION

SUBTITLE C. LOCAL ORGANIZATION AND GOVERNANCE

CHAPTER 19. SCHOOLS IN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE

Sec. 19.001. DEFINITIONS. In this chapter:

(1) "Board" means the Texas Board of Criminal Justice.

(2) "Department" means the Texas Department of Criminal Justice.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 19.002. ESTABLISHMENT. The school district established by

the Texas Board of Corrections in 1969 shall be known as the

Windham School District, an entity that is separate and distinct

from the Texas Department of Criminal Justice. The district may

establish and operate schools at the various facilities of the

Texas Department of Criminal Justice.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 19.003. GOALS OF THE DISTRICT. The goals of the district

in educating its students are to:

(1) reduce recidivism;

(2) reduce the cost of confinement or imprisonment;

(3) increase the success of former inmates in obtaining and

maintaining employment; and

(4) provide an incentive to inmates to behave in positive ways

during confinement or imprisonment.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 19.004. GOVERNANCE, LIMITATION ON POWERS, AND DUTIES. (a)

The district shall be governed as provided by this chapter and

policies established by the board. Unless otherwise specifically

provided, a provision of this code applying to school districts

does not apply to the district.

(b) The district may not impose a tax.

(c) The district shall:

(1) develop educational programs specifically designed for

persons eligible under Section 19.005 and ensure that those

programs, such as GED and ESL, are integrated with an applied

vocational context leading to employment;

(1-a) develop vocational training programs specifically designed

for persons eligible under Section 19.005 and prioritize the

programs that result in certification or licensure, considering

the impact that a previous felony conviction has on the ability

to secure certification, licensure, and employment; and

(2) coordinate educational programs and services in the

department with those provided by other state agencies, by

political subdivisions, and by persons who provide programs and

services under contract.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

1142, Sec. 1, eff. September 1, 2005.

Sec. 19.0041. EVALUATION OF TRAINING SERVICES. (a) To evaluate

the effectiveness of training services provided to persons

confined or imprisoned in the department, the Windham School

District shall consult with the Legislative Budget Board to

compile and analyze information for each person who receives the

training services. This information shall include an evaluation

of:

(1) the kind of training services provided;

(2) the kind of employment the person obtains on release;

(3) whether the employment was related to training;

(4) the difference between the amount of the person's earnings

on the date employment is obtained following release and the

amount of those earnings on the first anniversary of that date;

and

(5) the retention factors associated with the employment.

(b) The Legislative Budget Board shall submit an annual report

to the legislature and the governor's office based on data

compiled and analyzed under Subsection (a).

Added by Acts 2005, 79th Leg., Ch.

1142, Sec. 2, eff. September 1, 2005.

Sec. 19.005. ELIGIBILITY FOR CERTAIN PROGRAMS AND SERVICES. (a)

Any person confined or imprisoned in the department who is not a

high school graduate is eligible for programs or services under

this chapter paid for with money from the foundation school fund.

To the extent space is available, the district may also offer

programs or services under this chapter paid for with money from

the foundation school fund to persons confined or imprisoned in

the department who are high school graduates.

(b) Eligibility under this chapter does not make a person

eligible for a program or service under any other chapter.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.51, eff.

Sept. 1, 1999.

Sec. 19.006. GRANTS AND FEDERAL FUNDS. (a) The district may

accept a grant from a public or private organization and may

spend those funds to operate district programs and provide

district services.

(b) The district may accept federal funds and shall use those

funds in compliance with applicable federal law, regulations, and

guidelines.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 19.007. COSTS TO BE BORNE BY STATE. (a) Except as

authorized by Section 19.006 and this section, the state shall

pay the cost of operating the district.

(b) The costs for persons eligible under Section 19.005 shall be

paid from the foundation school fund.

(c) In addition to money from the foundation school fund, the

district may receive appropriated money from the department for

educational programs.

(d) The operating costs of the district may not be charged to

another school district.

(e) The district may participate in the textbook program under

Chapter 31.

(f) In addition to other amounts received by the district under

this section, the district is entitled to state aid in an amount

equal to the product of $2,000 multiplied by the number of

classroom teachers, full-time librarians, full-time counselors

certified under Subchapter B, Chapter 21, and full-time school

nurses who are employed by the district and who would be entitled

to a minimum salary under Section 21.402 if employed by a school

district operating under Chapter 11.

(g) In addition to other amounts received by the district under

this section, the district is entitled to state aid in the amount

necessary to fund the salary increases required by Section

19.009(d-2).

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 2, eff.

Sept. 1, 1997.

Amended by:

Acts 2006, 79th Leg., 3rd C.S., Ch.

5, Sec. 4.03, eff. May 31, 2006.

Acts 2009, 81st Leg., R.S., Ch.

1328, Sec. 7, eff. September 1, 2009.

Sec. 19.008. ALLOCATION OF COSTS. (a) The commissioner shall

allocate funds to the district from the foundation school fund

based on an amount, established in the General Appropriations

Act, for each contact hour between a teacher and a person

eligible under Section 19.005, including associated

administrative costs, for the best 180 of 210 school days in each

year of the state fiscal biennium. Those funds may be spent only

for district administrative costs related to education and for

district educational programs and services and only with the

approval of the board.

(b) The agency by rule shall establish a time and manner for the

district to report and verify contact hours to the agency.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 19.009. DISTRICT EMPLOYEES. (a) District employees are

not considered employees of the state except as provided for in

this section. The board may establish personnel policies as

necessary to ensure the effective and efficient operation of the

district.

(b) Each employee of the district shall serve 220 or 226 days

each year, based on position, as determined by the board.

(c) A district employee required under Subchapter B, Chapter 21,

to hold a certificate must be certified in accordance with that

subchapter.

(d) Each employee shall be paid according to a salary schedule

approved by the board. The schedule may allow for salary

differentiation that provides for salaries at a Windham School

District school site to be commensurate with educator salaries in

school districts contiguous to that school site.

(d-1) Each school year, the district shall pay an amount at

least equal to $2,000 to each classroom teacher, full-time

librarian, full-time counselor certified under Subchapter B,

Chapter 21, and full-time school nurse who is employed by the

district and who would be entitled to a minimum salary under

Section 21.402 if employed by a school district operating under

Chapter 11. A payment under this section is in addition to wages

the district would otherwise pay the employee during the school

year.

(d-2) Beginning with the 2009-2010 school year, the district

shall increase the monthly salary of each classroom teacher,

full-time speech pathologist, full-time librarian, full-time

counselor certified under Subchapter B, Chapter 21, and full-time

school nurse employed by the district by the greater of:

(1) $80; or

(2) the maximum uniform amount that, when combined with any

resulting increases in the amount of contributions made by the

district for social security coverage for the specified employees

or by the district on behalf of the specified employees under

Section 825.405, Government Code, may be provided using an amount

equal to the product of $60 multiplied by the number of students

in weighted average daily attendance in the district during the

2009-2010 school year.

(d-3) A payment under Subsection (d-2) is in addition to salary

the district would otherwise pay the employees during the school

year.

(e) Each employee of the district who qualifies for membership

in the Teacher Retirement System of Texas shall be covered under

the system to the same extent a qualified employee of any other

district is covered.

(f) The state minimum personal leave program under Section

22.003 applies to a district employee in the same manner as that

program applies to an employee of any other school district.

(g) The employees of the district are eligible for workers'

compensation benefits under Chapter 501, Labor Code, and for

group benefits under Chapter 1551, Insurance Code.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.510,

eff. Sept. 1, 2003.

Amended by:

Acts 2006, 79th Leg., 3rd C.S., Ch.

5, Sec. 4.04, eff. May 31, 2006.

Acts 2009, 81st Leg., R.S., Ch.

1328, Sec. 8, eff. September 1, 2009.

Sec. 19.010. STRATEGIC PLAN AND ANNUAL REPORT. (a) The

district shall propose, and the board shall adopt with any

modification the board finds necessary, a strategic plan that

includes:

(1) a mission statement relating to the goals and duties of the

district under this chapter;

(2) goals to be met by the district in carrying out the mission

stated; and

(3) specific educational, vocational training, and counseling

programs to be conducted by the district to meet the goals stated

in the plan.

(b) The district shall prepare a report for each fiscal year

documenting district activities under the strategic plan. Not

later than January 31 of each year, the district shall file the

report for the preceding fiscal year with the board, the

governor, the lieutenant governor, the speaker of the house of

representatives, and the agency.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 19.011. COORDINATION WITH OTHER STATE AGENCIES. (a) In

order to achieve the goals stated in Section 19.003, the district

with the cooperation of the Health and Human Services Commission,

the Texas Workforce Investment Council, the Texas Workforce

Commission, the Texas Economic Development and Tourism Office,

and the department shall provide persons confined or imprisoned

in the department:

(1) information from local workforce and development boards on

job training and employment referral services; and

(2) information on the tax refund voucher program under

Subchapter H, Chapter 301, Labor Code.

(b) The district shall coordinate vocational education and job

training programs with a local workforce development board

authorized by the Texas Workforce Commission to ensure that

district students are equipped with the skills necessary to

compete for current and emerging jobs.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 2003, 78th Leg., ch. 818, Sec. 6.01, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1142, Sec. 3, eff. September 1, 2005.