From Bill to Policy Recommendation

The timing of regular sessions of the Texas Legislature leaves a narrow window for districts to understand the law and, where necessary, revise local policy and update practices. Most legislation doesn’t reach its final form until the close of the session at Sine Die (around Memorial Day), but the Legislature often specifies that the legislation takes effect on September 1 of the year in which it is signed into law or that it applies for the upcoming school year.  

TASB Policy Service understands this time crunch, and we work to issue policy recommendations quickly and efficiently. Our recommendations must also be accurate and comprehensive. Balancing these goals means we typically issue post-legislative recommended revisions to policy in a Numbered Policy Update in October or November. 

Sine Die and the Veto Deadline 

Although Policy Service closely monitors legislative activity during a session, we wait until the final version of the bill is enrolled before we consider revisions to policy. In a regular session, only about a third of the bills filed actually pass. Often, the final enrolled version of the bill is different from the introduced version. Additionally, the governor has 20 days after Sine Die to sign or veto enrolled bills, meaning that not every enrolled bill becomes law. Trying to draft recommended policy changes before these deadlines pass is not cost-effective for our members.  

Bill Review 

TASB Policy Service and Legal Services review hundreds of bills for their effect on school districts in areas ranging from elections to excused student absences. As we review each bill, we ask: 

• Do all parts of the bill have the same effective date and will it be confusing to revise policy before specific portions of the bill are in effect? 
• Does the bill require further action by other entities, such as state agency rulemaking? 
• What portions of the bill apply to all districts and require revisions to the legal policy? 
• What portions of the bill require districts to adopt local policy provisions? 
• What choices can districts make within the context of the bill? 
• Does the bill require changes to district documents such as the student code of conduct or student handbook? 
• Can portions of the bill be addressed in administrative regulations rather than board-adopted policy?  

Consultation and Collaboration 

TASB Policy Service and Legal Services consult with our members, other TASB departments including HR Services and Student Solutions, state agencies and peer organizations like the Texas Association of School Administrators and the Texas Association of School Business Officials, and members of the Texas Council of School Attorneys. These perspectives enhance our policy recommendations. 

Drafting and Production 

When we draft policy changes, we aim for compliance with new and existing law. We consider how changes in law affect each district’s unique policy and customize our recommendations. 

To avoid duplication and contradiction with existing policies, we review alignment across the legal framework, local policy, the Model Student Code of Conduct, Model Student Handbook, and sample forms and regulations in the Regulations Resource Manual. 

Each stage of bill review, consultation, drafting, and production takes time and expertise that results in policy recommendations to help districts strike the right balance between compliance and local choice. 

Harmony with Law 

What should districts do in the time between the effective date of a law and the adoption of local policy that complies with the law?  

Districts should strive to align their practice with new law as soon as the law becomes effective, even before the adoption of local policy changes.  

Districts can rely on TASB-recommended provisions regarding Harmony with Law at BF(LOCAL), which states that “Newly enacted law is applicable when effective. No policy or regulation, or any portion thereof, shall be operative if it is found to be in conflict with applicable law.” This ensures that a district is in compliance with the law even if the policy manual is out of date in the window between a law’s effective date and adoption of new local policy provisions. 

Contact your policy consultant with any questions about new legislation or requests for revisions to local policies that will be included in the post-legislative numbered update.