EDUCATION CODE
CHAPTER 8. REGIONAL EDUCATION SERVICE CENTERS
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 268, § 1, eff. May 26, 1997.
§ 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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 268, § 1, eff. May 26, 1997.
§ 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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 268, § 1, eff. May 26, 1997.
§ 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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 268, § 1, eff. May 26, 1997.
§ 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, § 1, eff. May 26, 1997.
§ 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, § 1, eff. May 26, 1997.
§ 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, § 1, eff. May 26, 1997.
§ 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, § 1, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1, 2003.
§ 8.010. SUNSET PROVISION. (a) Notwithstanding any
other law, regional education service centers are subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the regional education
service centers are abolished and this chapter expires September 1,
2005. Review of regional education service centers under this
section shall be conducted in conjunction with review of the agency
under Section 7.004.
(b) To assist the Sunset Advisory Commission in its review,
the comptroller shall conduct a review of the regional education
service centers and report the results of the review to the
commission not later than June 1, 2004. The comptroller shall
consult with the commission regarding the scope of the review. The
comptroller shall also transmit the report to the presiding
officers of the standing committees in the senate and house of
representatives responsible for public education.
Added by Acts 2003, 78th Leg., ch. 350, § 1, eff. Sept. 1, 2003.
SUBCHAPTER B. POWERS AND DUTIES
§ 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 identified as low-performing based on the
indicators adopted under Section 39.051;
(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 teaching each subject
area assessed under Section 39.023;
(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 rated academically unacceptable under Section 39.072(a)
or a campus whose performance is considered unacceptable based on
the indicators adopted under Section 39.051;
(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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 268, § 1, eff. May 26, 1997;
Acts 1999, 76th Leg., ch. 1202, § 1, eff. June 18, 1999.
§ 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, § 1, eff. May 26, 1997.
§ 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, § 1, eff. May 30, 1995.
Renumbered from V.T.C.A., Education Code § 8.052 and amended by
Acts 1997, 75th Leg., ch. 268, § 1, eff. May 26, 1997; Acts 1999,
76th Leg., ch. 598, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 268, § 1, eff. May 26, 1997.
§ 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, § 1, eff. May 26, 1997.
§ 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, § 2, eff. Sept. 1, 2003.
SUBCHAPTER C. EVALUATION AND ACCOUNTABILITY
§ 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, § 1, eff. May 26, 1997.
§ 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, § 1, eff. May 30, 1995.
Renumbered from V.T.C.A., Education Code § 8.101 and amended by
Acts 1997, 75th Leg., ch. 268, § 1, eff. May 26, 1997.
§ 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, § 1, eff. May 30, 1995.
Renumbered from V.T.C.A., Education Code § 8.102 and amended by
Acts 1997, 75th Leg., ch. 268, § 1, eff. May 26, 1997.
§ 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, § 1, eff. May 30, 1995.
Renumbered from V.T.C.A., Education Code § 8.103 and amended by
Acts 1997, 75th Leg., ch. 268, § 1, eff. May 26, 1997.
SUBCHAPTER D. FUNDING
§ 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, § 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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 268, § 1, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 396, § 3.01(a), eff. Sept. 1,
1999.
§ 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, § 1, eff. May 26, 1997.
§ 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, § 1, eff. May 30, 1995.
Renumbered from § 8.122 and amended by Acts 1997, 75th Leg., ch.
268, § 1, eff. May 26, 1997.
§ 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, § 1, eff. May 30, 1995.
Renumbered from V.T.C.A., Education Code § 8.123 and amended by
Acts 1997, 75th Leg., ch. 268, § 1, eff. May 26, 1997.
§ 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, § 1, eff. May 30, 1995.
Renumbered from V.T.C.A., Education Code § 8.124 and amended by
Acts 1997, 75th Leg., ch. 268, § 1, eff. May 26, 1997.
