CHAPTER 8. REGIONAL EDUCATION SERVICE CENTERS - Texas Statutes

EDUCATION CODE

TITLE 2. PUBLIC EDUCATION

SUBTITLE B. STATE AND REGIONAL ORGANIZATION AND GOVERNANCE

CHAPTER 8. REGIONAL EDUCATION SERVICE CENTERS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8.001. ESTABLISHMENT. (a) The commissioner shall provide

for the establishment and operation of not more than 20 regional

education service centers.

(b) Regional education service centers shall be located

throughout the state so that each school district has the

opportunity to be served by and to participate, on a voluntary

basis, in a center that meets the accountability standards

established by the commissioner.

(c) The commissioner may decide any matter concerning the

operation or administration of the regional education service

centers, including:

(1) the number and location of centers;

(2) the regional boundaries of centers; and

(3) the allocation among centers of state and federal funds

administered by the agency.

(d) This chapter does not:

(1) limit a school district's freedom to purchase services from

any regional education service center; or

(2) require a school district to purchase services from a

regional education service center.

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

1995. Amended by Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May

26, 1997.

Sec. 8.002. PURPOSE. Regional education service centers shall:

(1) assist school districts in improving student performance in

each region of the system;

(2) enable school districts to operate more efficiently and

economically; and

(3) implement initiatives assigned by the legislature or the

commissioner.

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

1995. Amended by Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May

26, 1997.

Sec. 8.003. GOVERNANCE. (a) Each regional education service

center is governed by a board of directors composed of seven

members.

(b) The commissioner shall adopt rules to provide for the local

selection, appointment, and continuity of membership of regional

education service center boards of directors.

(c) A vacancy on a regional education service center board of

directors shall be filled by appointment by the remaining members

of the board for the unexpired term.

(d) A member of the board is not entitled to compensation from

the regional education service center but is entitled to

reimbursement with center funds for necessary expenses incurred

in performing duties as a board member.

(e) Each regional education service center board of directors

shall develop policies to ensure the sound management and

operation of the center consistent with Section 8.002. Subject to

approval of the board of directors, regional education service

centers shall offer programs and activities to school districts

and campuses under Sections 8.051, 8.052, and 8.053.

(f) Each regional education service center board of directors

shall adopt an annual budget for the following year after

conducting a public hearing on the center's performance during

the preceding year on standards established by the commissioner

under Section 8.101.

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

1995. Amended by Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May

26, 1997.

Sec. 8.004. EXECUTIVE DIRECTOR. The regional education service

center board of directors shall employ an executive director. The

selection and dismissal of the executive director is subject to

the approval of the commissioner. The executive director is the

chief executive officer of the regional education service center

and may employ personnel as necessary to carry out the functions

of the center.

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

1995. Amended by Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May

26, 1997.

Sec. 8.005. EXEMPTION FROM TAXATION. A regional education

service center and its employees are subject to or exempt from

taxation in the same manner as a school district and school

district employees.

Added by Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May 26,

1997.

Sec. 8.006. IMMUNITY FROM LIABILITY. An employee or volunteer

of a regional education service center is immune from liability

to the same extent as an employee or volunteer of a school

district.

Added by Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May 26,

1997.

Sec. 8.007. TRANSFERABILITY OF LEAVE. (a) A regional education

service center shall accept personal leave accrued by a center

employee as sick leave under state law by an employee who was

formerly employed by the state.

(b) A school district or the state shall accept the sick leave

accrued by an employee who was formerly employed by a regional

education service center not to exceed five days per year for

each year of employment.

Added by Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May 26,

1997.

Sec. 8.008. APPLICABILITY OF CERTAIN LAWS RELATING TO POLITICAL

ACTIVITIES. A regional education service center and each center

employee is subject to Chapter 556, Government Code, and for

purposes of that chapter:

(1) the center is considered to be a state agency; and

(2) each center employee is considered to be a state employee.

Added by Acts 2003, 78th Leg., ch. 350, Sec. 1, eff. Sept. 1,

2003.

Sec. 8.009. APPLICABILITY OF CERTAIN LAWS RELATING TO CONFLICT

OF INTEREST. (a) A member of the board of directors and the

executive director of a regional education service center are

each considered to be a local public official for purposes of

Chapter 171, Local Government Code. For purposes of that chapter

a member of the board of directors and the executive director of

a regional education service center are each considered to have a

substantial interest in a business entity if a person related to

the member or the executive director in the third degree by

consanguinity or affinity, as determined under Chapter 573,

Government Code, has a substantial interest in the business

entity under Section 171.002, Local Government Code.

(b) A regional education service center is considered to be a

political subdivision for purposes of Section 131.903, Local

Government Code.

(c) To the extent consistent with this section, if a law

described by this section applies to a school district or the

board of trustees of a school district, the law applies to a

regional education service center and the board of directors and

executive director of a regional education service center.

Added by Acts 2003, 78th Leg., ch. 350, Sec. 1, eff. Sept. 1,

2003.

Sec. 8.011. NEPOTISM PROHIBITION. For purposes of all employees

of each regional education service center, the executive director

and each member of the board of directors are public officials

subject to Chapter 573, Government Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

1244, Sec. 7, eff. September 1, 2007.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 8.051. CORE SERVICES AND SERVICES TO IMPROVE PERFORMANCE.

(a) Each regional education service center shall use funds

distributed to the center under Section 8.121 to develop,

maintain, and deliver services identified under this section to

improve student and school district performance.

(b) Each regional education service center shall annually

develop and submit to the commissioner for approval a plan for

improvement. Each plan must include the purposes and description

of the services the center will provide to:

(1) campuses assigned an unacceptable performance rating under

Section 39.054;

(2) the lowest-performing campuses in the region; and

(3) other campuses.

(c) Each regional education service center shall provide

services that enable school districts to operate more efficiently

and economically.

(d) Each regional education service center shall maintain core

services for purchase by school districts and campuses. The core

services are:

(1) training and assistance in:

(A) teaching each subject area assessed under Section 39.023;

and

(B) providing instruction in personal financial literacy as

required under Section 28.0021;

(2) training and assistance in providing each program that

qualifies for a funding allotment under Section 42.151, 42.152,

42.153, or 42.156;

(3) assistance specifically designed for a school district or

campus assigned an unacceptable performance rating under Section

39.054;

(4) training and assistance to teachers, administrators, members

of district boards of trustees, and members of site-based

decision-making committees;

(5) assistance specifically designed for a school district that

is considered out of compliance with state or federal special

education requirements, based on the agency's most recent

compliance review of the district's special education programs;

and

(6) assistance in complying with state laws and rules.

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

1995. Amended by Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May

26, 1997; Acts 1999, 76th Leg., ch. 1202, Sec. 1, eff. June 18,

1999.

Amended by:

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

5, Sec. 3.02, eff. May 31, 2006.

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

895, Sec. 4, eff. June 19, 2009.

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

1328, Sec. 3, eff. September 1, 2009.

Sec. 8.052. STATE INITIATIVES. As directed by the commissioner,

each regional education service center shall, as necessary, use

funds distributed under Section 8.123 to implement initiatives

identified by the legislature.

Amended by Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May 26,

1997.

Sec. 8.053. ADDITIONAL SERVICES. In addition to the services

provided under Section 8.051 and the initiatives implemented

under Section 8.052, a regional education service center may:

(1) offer any service requested and purchased by any school

district or campus in the state; and

(2) contract with a public or private entity for services under

this subchapter, including the provision of continuing education

courses and programs for educators.

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

1995. Renumbered from Education Code Sec. 8.052 and amended by

Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May 26, 1997; Acts

1999, 76th Leg., ch. 598, Sec. 1, eff. Sept. 1, 1999.

Sec. 8.054. PROHIBITION ON REGULATORY FUNCTION. A regional

education service center may not perform a regulatory function

regarding a school district. This section does not prohibit a

regional education service center from offering training or other

assistance to a school district in complying with a state or

federal law, rule, or regulation.

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

1995. Amended by Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May

26, 1997.

Sec. 8.055. REGIONAL EDUCATION SERVICE CENTER PROPERTY. (a)

Each regional education service center may purchase or lease

property or acquire property through lease-purchase and may incur

debts for that purpose. Any transaction under this subsection is

subject to the approval of the board of directors.

(b) Any transaction under this subsection involving real

property is subject to the approval of the board of directors and

the commissioner.

(c) Each regional education service center may dispose of

property in the manner and on the terms that the board of

directors determines.

Added by Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May 26,

1997.

Sec. 8.056. LIMITATION ON COMPENSATION FOR CERTAIN SERVICES. A

regional education service center that acts as a fiscal agent or

broker in connection with an agreement between two school

districts under Subchapter E, Chapter 41, may not, unless

authorized in writing by the district receiving transferred funds

in accordance with the agreement:

(1) be compensated by the districts in an amount that exceeds

the administrative cost of providing the service; or

(2) otherwise retain for use by the center any amount other than

the compensation permitted under Subdivision (1) from the funds

transferred between the districts in accordance with the

agreement.

Added by Acts 2003, 78th Leg., ch. 350, Sec. 2, eff. Sept. 1,

2003.

Sec. 8.057. ASSISTANCE WITH CRIMINAL HISTORY RECORD INFORMATION.

The agency may require a regional education service center to

assist in collecting information needed for a criminal history

record information review under Subchapter C, Chapter 22.

Added by Acts 2007, 80th Leg., R.S., Ch.

1372, Sec. 1, eff. June 15, 2007.

SUBCHAPTER C. EVALUATION AND ACCOUNTABILITY

Sec. 8.101. PERFORMANCE STANDARDS AND INDICATORS. The

commissioner shall establish performance standards and indicators

for regional education service centers that measure the

achievement of the objectives in Section 8.002. Performance

standards and indicators must include the following:

(1) student performance in districts served;

(2) district effectiveness and efficiency in districts served

resulting from technical assistance and program support;

(3) direct services provided or regionally shared services

arranged by the service center which produce more economical and

efficient school operations;

(4) direct services provided or regionally shared services

arranged by the service center which provide for assistance in

core services; and

(5) grants received for implementation of state initiatives and

the results achieved by the service center under the terms of the

grant contract.

Amended by Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May 26,

1997.

Sec. 8.102. DATA REPORTING. Each regional education service

center shall report audited or budgeted financial information and

any other information requested by the commissioner for use in

assessing the performance of the center. The commissioner shall

develop a uniform system for regional education service centers

to report audited financial data, to report information on the

indicators adopted under Section 8.101, and to provide

information on client satisfaction with services provided under

Subchapter B.

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

1995. Renumbered from Education Code Sec. 8.101 and amended by

Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May 26, 1997.

Sec. 8.103. ANNUAL EVALUATION. The commissioner shall conduct

an annual evaluation of each executive director and regional

education service center. Each evaluation must include:

(1) an audit of the center's finances;

(2) a review of the center's performance on the indicators

adopted under Section 8.101;

(3) a review of client satisfaction with services provided under

Subchapter B; and

(4) a review of any other factor the commissioner determines to

be appropriate.

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

1995. Renumbered from Education Code Sec. 8.102 and amended by

Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May 26, 1997.

Sec. 8.104. SANCTIONS. The commissioner shall develop a system

of corrective actions to require of a regional education service

center that the commissioner determines to be deficient in an

accountability measure under Section 8.103. The actions must

include, in increasing order of severity:

(1) conducting an on-site investigation of the center;

(2) requiring the center to send notice of each deficiency to

each school district and campus in the center's region or served

by the center the previous year;

(3) requiring the center to prepare for the commissioner's

approval a plan to address each area of deficiency;

(4) appointing a master to oversee the operations of the center;

(5) replacing the executive director or board of directors; and

(6) in the case of deficient performance in two consecutive

years, closing the center.

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

1995. Renumbered from Education Code Sec. 8.103 and amended by

Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May 26, 1997.

SUBCHAPTER D. FUNDING

Sec. 8.121. FUNDING FOR CORE SERVICES AND SERVICES TO IMPROVE

PERFORMANCE. (a) Regional education service centers receive

state financial support for services provided under Section 8.051

from money appropriated for the Foundation School Program. The

commissioner shall distribute money to each regional education

service center for basic costs of providing those services

according to an annual allotment set by the commissioner based

on:

(1) the minimum amount of money necessary for the operation of a

center;

(2) an additional amount of money that reflects the size and

number of campuses served by the center under Section 8.051; and

(3) an additional amount of money that reflects the impact of

the geographic size of a center's service area on the cost of

providing services under Section 8.051.

(b) Repealed by Acts 1999, 76th Leg., ch. 396, Sec. 3.01(a),

eff. Sept. 1, 1999.

(c) Each regional education service center shall use money

distributed to it under this section for the provision of core

services required under Section 8.051 or for payment of necessary

administrative and operational expenses of the center related to

the provision of those services.

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

1995. Amended by Acts 1997, 75th Leg., ch. 268, Sec. 1, eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 3.01(a), eff.

Sept. 1, 1999.

Sec. 8.122. INCENTIVE FUNDING FOR DISTRICT EFFICIENCIES. (a)

The legislature may appropriate money from the foundation school

fund to establish an incentive fund to encourage efficiency in

the provision of services by the system of regional education

service centers.

(b) The commissioner may submit to each regular session of the

legislature an incentive funding report and plan that:

(1) demonstrates that regional education service centers are

providing the services required or permitted by law;

(2) defines efficiencies of scale in measurable terms;

(3) proposes the size of and payment schedule for the incentive

fund; and

(4) establishes a method for documenting and computing

efficiencies.

(c) The commissioner shall determine the method by which money

appropriated under this section is distributed to regional

education service centers.

(d) The board of trustees of a school district may delegate

purchasing or other administrative functions to a regional

education service center to the extent necessary to achieve

efficiencies under this section.

Amended by Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May 26,

1997.

Sec. 8.123. FUNDING FOR STATE INITIATIVES. (a) The legislature

may appropriate money from the foundation school fund or other

sources to implement initiatives identified by the legislature.

(b) The commissioner may adopt rules governing:

(1) the strategies, programs, projects, and regions eligible for

funding under this section; and

(2) the amount of funds that may be distributed to a regional

education service center for a specific initiative.

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

1995. Renumbered from Sec. 8.122 and amended by Acts 1997, 75th

Leg., ch. 268, Sec. 1, eff. May 26, 1997.

Sec. 8.124. INNOVATIVE AND EMERGENCY GRANTS. (a) The

legislature may appropriate money from the foundation school fund

or other sources for grants to regional education service

centers. Money appropriated under this section shall be

distributed to regional education service centers as:

(1) competitive grants for developing and implementing

innovative regional strategies or programs; or

(2) emergency grants for providing adequate services under

Section 8.051 to small and isolated school districts or, in

extreme circumstances, other school districts.

(b) The commissioner may adopt rules governing:

(1) the strategies, programs, and regions eligible for funding

under this section; and

(2) the amount of money that may be distributed to a regional

education service center for a specific purpose.

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

1995. Renumbered from Education Code Sec. 8.123 and amended by

Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May 26, 1997.

Sec. 8.125. CONTRACTS FOR GRANTS. Each regional education

service center board of directors, under rules adopted by the

commissioner, may enter into a contract for a grant from a public

or private organization and may spend grant funds in accordance

with the terms of the contract.

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

1995. Renumbered from Education Code Sec. 8.124 and amended by

Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. May 26, 1997.