CHAPTER 8. REGIONAL EDUCATION SERVICE CENTERS
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.