CHAPTER 19. SCHOOLS IN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE
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.