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  85R4342 PAM-F
 
  By: Bohac H.B. No. 870
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the study of public education performance.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 2, Education Code, is amended
  by adding Chapter 9 to read as follows:
  CHAPTER 9. CENTER FOR EDUCATION PERFORMANCE AND LEARNING
         Sec. 9.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the Center for Education Performance
  and Learning Board.
               (2)  "Center" means the Center for Education
  Performance and Learning.
         Sec. 9.002.  CENTER FOR EDUCATION PERFORMANCE AND LEARNING.
  (a)  The Center for Education Performance and Learning is created
  as an independent policy center.
         (b)  The center shall represent business, finance, public
  policy, education, and other interests considered appropriate by
  the center.
         (c)  In performing the duties provided by this chapter, the
  center shall:
               (1)  work directly with:
                     (A)  the governor, lieutenant governor, speaker
  of the house of representatives, and members of the legislature;
  and
                     (B)  members of the State Board of Education; and
               (2)  work with the agency and other state agencies,
  regional education service centers, school districts, and
  open-enrollment charter schools.
         Sec. 9.003.  CENTER DUTIES.  (a)  The center shall promote
  the use of successful methods to increase performance at the school
  district and campus levels.
         (b)  The center shall evaluate and rank the performance of
  each school district, campus, and open-enrollment charter school
  and provide a progress report and recommendations each year to:
               (1)  the governor, lieutenant governor, speaker of the
  house of representatives, Legislative Budget Board, commissioner,
  and State Board of Education; and
               (2)  districts, campuses, and open-enrollment charter
  schools.
         (c)  The center may assist the legislature with policy
  studies related to the center's duties. The center may participate
  in collaborative studies with a foundation or organization inside
  or outside this state related to the center's duties.
         (d)  The center shall seek information, data, and best
  practices from state, regional, and national sources to use in
  performing the center's duties provided by this chapter.
         (e)  The center may contract with independent experts,
  academic scholars, and other appropriate professionals in
  performing the center's duties provided by this chapter.
         Sec. 9.004.  CENTER LOCATION. The center shall be located at
  an institution of higher education or a private or independent
  institution of higher education, as those terms are defined under
  Section 61.003, selected as provided by Section 9.006(b).
         Sec. 9.005.  BOARD.  (a)  The Center for Education
  Performance and Learning Board is created as the primary
  policy-making body of the center.
         (b)  The board is composed of seven members. Members of the
  board shall be appointed as follows:
               (1)  one member appointed by the governor;
               (2)  one additional member appointed by the governor
  from a list of nominees submitted by the speaker of the house of
  representatives;
               (3)  one member appointed by the lieutenant governor;
               (4)  one member appointed by the commissioner;
               (5)  one member appointed by the chair of the Texas
  Higher Education Coordinating Board;
               (6)  one member appointed by the chair of the State
  Board of Education; and
               (7)  one member appointed by the chair of the Texas
  Workforce Commission.
         (c)  In making an appointment under Subsection (b)(2), the
  governor may reject one or more nominees on a list submitted by the
  speaker of the house of representatives and request a new list of
  different nominees.
         (d)  The board members appointed under this section must
  include individuals in the private sector who have an interest in
  improving performance in public education and significant
  experience in organizational management, finance, or business. A
  board member may not:
               (1)  be a member of the board of trustees or an employee
  of a school district or a member of the governing body or an
  employee of or a charter holder of a charter for an open-enrollment
  charter school; or
               (2)  have a financial relationship with a vendor or
  contractor who provides goods or services to any part of the public
  education system of this state.
         (e)  Board members serve two-year terms.
         (f)  Board members shall annually elect one member as the
  presiding officer.
         (g)  A board member may not receive a salary for services as a
  board member but shall be reimbursed for expenses incurred in
  attending board meetings.
         Sec. 9.006.  BOARD DUTIES. (a)  The board shall study the
  elements of an effective and efficient system of public free
  schools and make recommendations to:
               (1)  improve the performance of the public education
  system to meet the demands of the current century;
               (2)  improve the state's ability to compete
  educationally and economically with other states and countries; and
               (3)  provide the public, including persons involved in
  policymaking, with information on public education performance.
         (b)  The board shall select the location for the center
  through a request for proposal process.  The institution of higher
  education or private or independent institution of higher
  education, as those terms are defined under Section 61.003,
  selected shall serve a term of four years or until its successor is
  selected. For the initial center location contract and not later
  than the 60th day before the date each current center location
  contract expires, the board shall issue a notice stating the time
  and place in which proposals will be received for selecting a
  location for the center.  The notice must include a uniform
  proposal blank in the form prescribed by the board. The board may
  add to the uniform proposal blank other terms that do not unfairly
  restrict competition of institutions of higher education. The
  board shall state the selection criteria in the request for
  proposals and shall select the proposal that offers the best value
  to the center based on the evaluation and ranking of each submitted
  proposal in relation to the stated selection criteria.
         (c)  The board shall provide a report of the board's study
  and recommendations under Subsection (a) to:
               (1)  the Legislative Budget Board at least once each
  year; and
               (2)  the governor, lieutenant governor, speaker of the
  house of representatives, legislature, commissioner, and State
  Board of Education before the convening of each regular legislative
  session.
         Sec. 9.007.  SUPPORT FOR PERFORMANCE OF DUTIES. (a)  State
  agencies, including the Texas Higher Education Coordinating Board
  and the Texas Workforce Commission, and regional education service
  centers, school districts, and open-enrollment charter schools
  shall fully cooperate with and assist the center at the board's
  request.
         (b)  Data and information necessary to perform the center's
  duties under this chapter shall be provided at the board's request
  in a timely manner and at minimal cost. The board and center shall
  require confidentiality and other security measures for student
  data and information consistent with the Family Educational Rights
  and Privacy Act of 1974 (20 U.S.C. Section 1232g).
         Sec. 9.008.  FUNDING. The center may be funded by donations,
  grants, and legislative appropriations.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.