School officials will not require students to write statements that can be used to prosecute them in juvenile or criminal court;

School officials will not require students to write statements that can be used to prosecute them in juvenile or criminal court;

D1: What? You would think "School officials will require students to write statements that can't or be used to prosecute them in juvenile or criminal court;

So much for educating "the Law", "the truth" or any integral derivative there of.

The Texas Legislature has "Crabs at their Dicks" AKA Special Interests that are in constantly itching.

Good the Wives are finally getting them now, so they must be sleeping around the special interests say to the legislature........then "better watch out"!


Under the settlement agreement reached by the parties, the district will enact policies and practices to ensure that the rights of Native American students are not violated and to enrich the educational experience of all students. Among the key terms of the settlement are the following:

* School officials will not require students to write statements that can be used to prosecute them in juvenile or criminal court;
* The district will hire a full-time ombudsperson, nominated by the collective Native American community, to serve as a liaison between Native American families and school officials, especially on disciplinary issues;
* An educational expert will work with school officials and Native American families to set benchmarks on improving Native American graduation rates, reducing levels of suspension and school-based arrests, and improving the overall climate for Native American students, among other goals; the expert will also conduct periodic on-site visits to ensure compliance with the agreement and monitor progress toward the goals;
* A committee of Native American parents and school officials will review all disciplinary incidents every quarter for racial disparities and, if disparities are found and cannot be explained, recommend policy changes to reduce such disparities;
* The Interwest Equity Assistance Center, funded by the U.S. Department of Education, will provide trainings for Winner students on conflict resolution and trainings for teachers on unconscious racial bias and educational equity;
* The schools will include Native American themes in the mainstream curriculum, in-school activities, and after-school activities. Additionally, the district will offer Native American Culture, History and Language class every year in the high school, taught by a Native American instructor.

Participants in the mediation included Native American families named in the class action lawsuit, members of the Winner School Board, the superintendent, and two school principals. The families were represented by the national ACLU and the ACLU of the Dakotas, and Dana L. Hanna, an attorney based in Rapid City. Additionally, the Rosebud Sioux Tribal Council and the Rosebud Sioux Tribal Education Department provided assistance and facilitation. The Winner School District was represented by Gunderson, Palmer, Goodsell & Nelson, LLP, in Rapid City.

The settlement agreement will remain in effect until the district substantially complies with its terms for four consecutive years. The federal district court will have jurisdiction over the agreement during this period. The parties will be submitting a proposed consent decree to finalize the settlement, and the court will next consider any objections and decide whether to approve it.

Sec. 36.08. Gift to Public Servant by Person Subject to his Jurisdiction.

TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION
CHAPTER 36. BRIBERY AND CORRUPT INFLUENCE
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Sec. 36.08. Gift to Public Servant by Person Subject to his Jurisdiction.
(a) A public servant in an agency performing regulatory functions or conducting inspections or investigations commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows to be subject to regulation, inspection, or investigation by the public servant or his agency.
(b) A public servant in an agency having custody of prisoners commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows to be in his custody or the custody of his agency.
(c) A public servant in an agency carrying on civil or criminal litigation on behalf of government commits an offense if he solicits, accepts, or agrees to accept any benefit from a person against whom the public servant knows litigation is pending or contemplated by the public servant or his agency.
(d) A public servant who exercises discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions of government commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows is interested in or likely to become interested in any contract, purchase, payment, claim, or transaction involving the exercise of his discretion.
(e) A public servant who has judicial or administrative authority, who is employed by or in a tribunal having judicial or administrative authority, or who participates in the enforcement of the tribunal's decision, commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows is interested in or likely to become interested in any matter before the public servant or tribunal.
(f) A member of the legislature, the governor, the lieutenant governor, or a person employed by a member of the legislature, the governor, the lieutenant governor, or an agency of the legislature commits an offense if he solicits, accepts, or agrees to accept any benefit from any person.
(g) A public servant who is a hearing examiner employed by an agency performing regulatory functions and who conducts hearings in contested cases commits an offense if the public servant solicits, accepts, or agrees to accept any benefit from any person who is appearing before the agency in a contested case, who is doing business with the agency, or who the public servant knows is interested in any matter before the public servant. The exception provided by Sec. 36.10(b) does not apply to a benefit under this subsection.
(h) An offense under this section is a Class A misdemeanor.
(i) A public servant who receives an unsolicited benefit that the public servant is prohibited from accepting under this section may donate the benefit to a governmental entity that has the authority to accept the gift or may donate the benefit to a recognized tax-exempt charitable organization formed for educational, religious, or scientific purposes.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 915, ch. 342, Sec. 11, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 3238, ch. 558, Sec. 5, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 304, Sec. 4.04, eff. Jan. 1, 1992; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Chapter 174. INDIGENT DEFENSE POLICIES AND STANDARDS

TITLE 1.ADMINISTRATION

Part 1. OFFICE OF THE GOVERNOR

Chapter 5. BUDGET AND PLANNING OFFICE

Subchapter B. STATE AND LOCAL REVIEW OF FEDERAL AND STATE ASSISTANCE APPLICATIONS

1. INTRODUCTION AND GENERAL PROVISIONS OF TEXAS REVIEW AND COMMENT SYSTEM

1 TAC §5.195

The Office of the Governor proposes amendments to 1 TAC §5.195, concerning the Texas Review and Comment System. The proposed changes add 25 new programs for review and delete 20 programs that no longer exist or are no longer of widespread interest and conform program numbers to current listings in the Catalog of Federal Domestic Assistance. The programs proposed to be added and deleted are based on responses received from all state agencies with Texas Review and Comment System coordinators.

Denise S. Francis, State Single Point of Contact, has determined that for the first five-year period the amendments are in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the amended section.

Ms. Francis has also determined that for each year of the first five years the amendments are in effect the public benefits anticipated as a result of enforcing or administering the amended section will be a more effective use of public and financial resources and increased information sharing and coordination among affected governmental entities. There will be no effect on small businesses. There is no anticipated economic costs to persons who are required to comply with the amendments as proposed.

Comments on the proposal may be submitted to Denise S. Francis, State Single Point of Contact, Office of the Governor, Budget, Planning and Policy Division, P.O. Box 12428, Austin, Texas 78711, (512) 463-8465, dfrancis@governor.state.tx.us for a period of 30 days following publication.

The amendments are proposed under Government Code, Title 7, §772.004 and §772.005, and the Local Government Code, Chapter 391 (§391.008), which authorizes the Office of the Governor to provide for review of state and local applications for grant and loan assistance and to establish policies and guidelines for review and comment. Chapter 391 of the Local Government Code requires certain applicants for state or federal assistance to submit their applications for review to the appropriate regional planning commissions and directs the governor to issue guidelines for carrying out such reviews.

No statutes are affected by these amendments

§5.195.Program Coverage.

(a) - (b) (No change.)

(c) Federal programs included for review under TRACS pursuant to these laws, plus selected other activities, including all direct federal and state development not specifically excluded by law, are shown, respectively, in Tables I and II. Copies of these tables may be obtained from Ms. Denise S. Francis, State Single Point of Contact, Office of the Governor, Budget, Planning and Policy Division, Post Office Box 12428, Austin, Texas 78711-2428 or dfrancis@governor.state.tx.us. As required by state law (Government Code, §772.005), all state agencies must notify the Office of the Governor when applying for federal funds.

Figure: 1 TAC §5.195(c)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 1, 2006.

TRD-200602998

Katherine Knight

Assistant General Counsel

Office of the Governor

Earliest possible date of adoption: July 16, 2006

For further information, please call: (512) 463-3471

Part 8. TEXAS JUDICIAL COUNCIL

Chapter 174. INDIGENT DEFENSE POLICIES AND STANDARDS

Subchapter B. CONTRACT DEFENDER PROGRAM REQUIREMENTS

The Task Force on Indigent Defense (Task Force) is a permanent Standing Committee of the Texas Judicial Council. The Task Force proposes new §§174.10 - 174.25, concerning the establishment of contract defender program requirements. The new sections are proposed to establish minimum requirements for the use of contract defender programs to provide indigent defense services. The rules provide for an open attorney application and selection process by the judges or juvenile board in whose court the attorney will serve. The rules also require that certain specific items be included in a contract for indigent defense services and the contract be approved by the county.

Glenna Rhea Bowman, Chief Financial Officer of the Office of Court Administration, has determined that for each year of the first five years the proposed sections are in effect, enforcing or administering the sections could have a minimal fiscal impact on local governments that choose to implement or modify procedures to align with the proposed rules. The sections do not have any foreseeable implications relating to cost or revenues of state government.

Ms. Bowman has determined that there will be no material economic costs to persons who are required to comply with the new sections, nor do the proposed sections have any anticipated adverse effect on small or micro-businesses.

Jim Bethke, Director of the Task Force, has also determined that for each of the first five-year period the rules are in effect the public benefit will be an improvement in the quality of indigent defense services because a broader range of qualified attorneys will have the opportunity to apply to provide indigent defense services under a contract.

Comments on the proposed new sections may be submitted in writing to Wesley Shackelford, Special Counsel, Task Force on Indigent Defense, P.O. Box 12066, Austin, Texas 78711-2066, or by fax to (512) 475-3450 no later than 30 days from the date that the proposal is published in the Texas Register .

1. DEFINITIONS

1 TAC §174.10

The new section is proposed under the Texas Government Code §71.060(a)(7). The Task Force interprets §71.060(a)(7) as authorizing the Task Force to develop policies and standards for providing legal representation to indigent defendants under a contract defender program.

No other statutes, articles, or codes are affected by the proposed section.

§174.10.Subchapter Definitions.

The following words and terms when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise.

(1) Appointing Authority. The appointing authority is the:

(A) Judge or judges who have authority to establish an indigent defense plan and approve attorneys to represent indigent defendants in criminal cases under Article 26.04, Code of Criminal Procedure; and/or

(B) Juvenile board that has authority to establish an indigent defense plan and approve attorneys to represent indigent respondents in juvenile cases under §51.102, Family Code.

(2) Contract Defender Program. Contract defender program means a system under which private attorneys, acting as independent contractors and compensated with public funds, are engaged to provide legal representation and services to a group of unspecified indigent defendants who appear before a particular court or group of courts.

(3) Contracting Authority. The contracting authority is the county or counties that have the authority to conclude a contract and to obligate funds for the provision of indigent defense services.

(4) Contractor. The contractor is an attorney, law firm, professional association, lawyer's association, law school, bar association, non-profit organization or other entity that can be bound by contract.

(5) Itemized Fee Voucher. An itemized fee voucher is any instrument, such as an invoice, that details services provided by a contractor providing indigent defense services. The itemized fee voucher may be in paper or electronic form. It shall include at a minimum all the information necessary for the county auditor or other designated official to complete the expenditure report required to be submitted to the Office of Court Administration by §71.0351, Government Code.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 31, 2006.

TRD-200602984

Wesley Shackelford

Special Counsel

Texas Judicial Council

Earliest possible date of adoption: July 16, 2006

For further information, please call: (512) 936-6994

2. APPLICATION OF STANDARDS AND CONTRACTING PROCEDURES

1 TAC §§174.11 - 174.14

The new sections are proposed under the Texas Government Code §71.060(a)(7). The Task Force interprets §71.060(a)(7) as authorizing the Task Force to develop policies and standards for providing legal representation to indigent defendants under a contract defender program.

No other statutes, articles, or codes are affected by the proposed sections.

§174.11.Application of Subchapter.

This subchapter applies to all contract defender programs. This subchapter does not apply to public defender programs established and governed by Chapter 26, Code of Criminal Procedure.

§174.12.Application Process.

The appointing authority shall solicit and select contractors in accordance with the procedure governing alternative appointment programs contained in Article 26.04, Code of Criminal Procedure.

(1) Notification. The notification of the opportunity to apply (NOA) to be a contractor shall be distributed in a manner that reasonably covers all practicing members of the bar within the county or other region designated by the appointing authority. The notification shall inform attorneys of all requirements for submitting applications.

(2) Opportunity to Respond. All potential contractors shall have the same opportunity to respond to the NOA and be considered for the award of a contract.

(3) Application. All applications must be submitted in writing and shall be maintained by the appointing authority or contracting authority in accordance with the Texas State Library and Archives Commission Retention Schedule for Local Records- Local Schedule GR.

§174.13.Application Review Process.

Following the review of all applications the appointing authority shall by a majority vote select contractor(s), specify the types of cases each contractor is qualified to handle, and authorize the contracting authority to enter into a contract. The attorneys associated with the selected contractor(s) must meet the attorney qualification requirements contained in the indigent defense procedures adopted pursuant to Article 26.04, Code of Criminal Procedure. If the contract does not exclude capital cases in which the death penalty is sought, the attorneys associated with the selected contractor(s) must also meet the attorney qualifications set by the regional selection committee and be approved by the regional selection committee to represent clients in capital cases. The appointing authority shall consider at least the following factors when evaluating applications:

(1) Experience and qualifications of the applicant;

(2) Applicant's past performance in representing defendants in criminal cases;

(3) Applicant's disciplinary history with the state bar;

(4) Applicant's ability to comply with the terms of the contract; and

(5) Cost of the services under the contract.

§174.14.Awarding the Contract.

In accordance with Article 26.04(h), Code of Criminal Procedure, the contracting authority may approve the recommended contractor(s) and enter into a contract for services. The contracting authority shall enter into a contract only if it complies with these standards and all applicable law governing professional services contracts entered into by counties. A contract shall not be awarded solely on the basis of cost.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 31, 2006.

TRD-200602985

Wesley Shackelford

Special Counsel

Texas Judicial Council

Earliest possible date of adoption: July 16, 2006

For further information, please call: (512) 936-6994

3. REQUIRED ELEMENTS OF A CONTRACT FOR INDIGENT DEFENSE SERVICES (EACH COMPONENT BELOW SHALL BE INCLUDED IN A CONTRACT FOR INDIGENT DEFENSE SERVICES AND SHALL SERVE AS THE BASIS FOR THE NOA)

1 TAC §§174.15 - 174.25

The new sections are proposed under the Texas Government Code §71.060(a)(7). The Task Force interprets §71.060(a)(7) as authorizing the Task Force to develop policies and standards for providing legal representation to indigent defendants under a contract defender program.

No other statutes, articles, or codes are affected by the proposed sections.

§174.15.Parties.

Identify the appointing authority, contracting authority, and contractor.

§174.16.Term of Contract.

The contract shall specify the term of the contract, including any provision for extensions, and a provision for terminating the contract by either party.

§174.17.Scope of Contract.

The contract shall specify the categories of cases in which the contractor is to provide services.

§174.18.Minimum Attorney Qualifications.

The contract shall specify minimum qualifications for attorneys covered by the contract and require such attorneys to maintain the qualifications during the term of the contract. The qualifications shall equal or exceed the qualifications provided in the indigent defense procedures adopted pursuant to Article 26.04, Code of Criminal Procedure. If the contract does not exclude capital cases in which the death penalty is sought, the qualifications shall equal or exceed the minimum attorney qualifications set by the regional selection committee and the attorneys covered by the contract shall be required to be on the list of attorneys approved by the regional selection committee to represent clients in capital cases. If a contract covers services provided by more than one attorney, qualifications may be graduated according to the seriousness of offense and each attorney shall be required to meet and maintain only those qualifications established for the offense level(s) for which the attorney is approved to provide defense services.

§174.19.Duration of Representation.

The contract shall specify that the contractor has the responsibility to complete all cases once representation is commenced during the term of the contract, unless an attorney covered by the contract is relieved or replaced in accordance with Article 26.04(j)(2), Code of Criminal Procedure.

§174.20.Substitution of Attorneys.

The contract shall identify the attorney(s) who will perform legal representation in each category of case covered by the contract and prohibit the substitution of other attorneys without prior approval by a majority of the appointing authority. Nothing in the contract shall prohibit an attorney covered by the contract from being relieved or replaced in accordance with Article 26.04(j)(2) of the Code of Criminal Procedure.

§174.21.Caseload Limitations.

The contract shall set the maximum number of cases or workload each attorney may be required to handle pursuant to the contract.

§174.22.Standards of Representation.

The contract shall require that the contractor provide zealous legal representation to all clients in a professional, skilled manner consistent with all applicable laws and the Texas Disciplinary Rules of Professional Conduct.

§174.23.Conflicts of Interest.

The contract shall state a policy to assure that the contractor and its attorneys do not provide representation to defendants when doing so would involve a conflict of interest.

§174.24.Investigators and Experts.

The contract shall specify how investigation services and experts that are necessary to provide competent representation will be made available in a manner consistent with Article 26.05(d), Code of Criminal Procedure.

§174.25.Compensation and Payment Processes.

The contract shall set the amount of compensation to be paid to the contractor and the designated method and timing of payment. The contract shall state that the contractor shall be required to submit an itemized fee voucher. The voucher must be approved by a member of the appointing authority prior to being forwarded to the county financial officer for approval and payment. The contract shall also specify how a contractor is to be compensated for cases assigned but not disposed within the term of the contract as provided in §174.19 of this subchapter.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 31, 2006.

TRD-200602987

Wesley Shackelford

Special Counsel

Texas Judicial Council

Earliest possible date of adoption: July 16, 2006

For further information, please call: (512) 936-6994

The alignment of AKS with standardized assessments, such as ITBS, SAT I and ACT, ensures that GCPS students are well prepared for these measurements..

Academic Knowledge & Skills

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Academic Knowledge & Skills (AKS)


What are the Academic Knowledge and Skills?
Gwinnett’s curriculum for grades K-12 is called the Academic Knowledge and Skills (AKS). The AKS for each grade level (or subject area at the high school level) spell out the essential things students are expected to know and be able to do in that particular grade or subject. They offer a solid base on which teachers build rich curricular experiences. Teachers use curriculum guides, textbooks, technology, and other materials to teach the AKS and to make sure every student is learning to his or her potential. Because the AKS detail exactly what a child is expected to learn, teachers can tailor the classroom experience to meet a child’s individual needs.


Why are the Academic Knowledge and Skills important for our students?
The Academic Knowledge and Skills (AKS) were developed in response to Gwinnett County Public Schools' mission statement:

The mission of Gwinnett County Public Schools is to pursue excellence in academic knowledge, skills, and behavior for each student resulting in measured improvement against local, national, and world-class standards.


How are the Academic Knowledge and Skills developed?
The AKS are developed by our teachers, with input from our parents and community. Beginning in 1995, teams of teachers have met each year to review the AKS for their grade level and/or subject area. The first teams reviewed the existing curriculum to propose what was essential knowledge and skills for each grade level—kindergarten through 12th grade—and every course. These knowledge and skills were also reviewed for correlations with state-required curriculum and assessments as well as local, national, and world-class educational standards. Teachers, parents, and community members throughout the district then evaluated the proposed AKS, providing feedback on what they believed to be the essential curriculum for all students. The final proposed versions of the AKS were presented to the Gwinnett Educational Management System (GEMS) Oversight Committee, comprised of representatives from the community and school system, for validation. This process is repeated each year to address any revisions or enhancements that teachers and/or the community believe are needed to improve our curriculum. The GEMS Committee then recommends the validated revisions to the superintendent, who presents recommendations to the Board of Education for adoption and implementation in the subsequent school year. With this process for curriculum development and improvement in place, parents can be assured that the curriculum their child is learning in a Gwinnett County classroom will be essential to his or her learning and sanctioned by our educators, parents, and the community.


How are the Academic Knowledge and Skills used in the classroom?
The AKS are the standards for academic excellence for all students in Gwinnett County Public Schools. They are what teachers are to teach and students are to learn. In every GCPS classroom, instruction and assessment are tailored so that all students learn the AKS. The alignment of AKS with standardized assessments, such as ITBS, SAT I and ACT, ensures that GCPS students are well prepared for these measurements of achievement. The AKS are also aligned with the state-mandated Georgia Performance Standards (GPS) and Quality Core Curriculum (QCC), assuring that students are prepared for state tests, such as the Georgia High School Graduation Test (GHSGT) and the Criterion-Referenced Competency Tests (CRCT).


How do the Academic Knowledge and Skills support Character Education?
Gwinnett County Public Schools supports a mandate from the Georgia General Assembly requiring all schools to teach character education. The school system believes that society and culture are tied together through common threads that guide the way we live, work, and learn. These common beliefs are taught at home and reinforced by the community, schools, religious institutions, and youth service groups. These basic tenets guide the way Gwinnett County teachers teach and the way the school system conducts the business of teaching and learning. Character education values are thoroughly embedded in the AKS and are correlated to the AKS in the grade level AKS books. The state mandated law is Section 20-2-145 of the Georgia State Code as amended in 1999 by actions of the Georgia General Assembly. The character education traits are courage, self-control, school pride, patriotism, courtesy, respect for the environment, citizenship, compassion, respect for the creator, honesty, tolerance, patience, fairness, diligence, creativity, respect for others, generosity, sportsmanship, cooperation, punctuality, loyalty, kindness, cleanliness, perseverance, self-respect, cheerfulness, and virtue.