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.