By Johnson H.B. No. 1143
74R5367 KKA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to district and site-based decision making by school
1-3 districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.931, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 21.931. DISTRICT AND SITE-BASED DECISION MAKING.
1-8 (a) Each school district shall develop and implement a plan for
1-9 district and site-based decision making <not later than September
1-10 1, 1992>. Each district shall submit its plan or any proposed
1-11 amendments to the plan to the commissioner of education for
1-12 approval.
1-13 (b) Each district's plan:
1-14 (1) must establish a district committee and a campus
1-15 committee for each campus in the district in accordance with
1-16 Subsection (c);
1-17 (2) must outline the roles of the district committee
1-18 and campus committees established under this section;
1-19 (3) must outline the procedures through which a campus
1-20 committee may make recommendations to the campus principal and
1-21 district committee in the following areas:
1-22 (A) district and campus planning, as provided by
1-23 Section 21.938, as added by Chapter 347, Acts of the 73rd
1-24 Legislature, 1993;
2-1 (B) goal setting;
2-2 (C) academic and other performance objectives
2-3 for the district and each campus for each academic excellence
2-4 indicator adopted under Section 35.041;
2-5 (D) curriculum and instructional programs;
2-6 (E) staff development, as provided by Section
2-7 16.052;
2-8 (F) budgeting;
2-9 (G) staffing patterns;
2-10 (H) school and district organization;
2-11 (I) waivers and exemptions, as provided by
2-12 Section 11.273;
2-13 (J) local teacher appraisal plans, as provided
2-14 by Section 13.303; and
2-15 (K) the use of awards, as provided by Section
2-16 35.084;
2-17 (4) must outline the procedures through which the
2-18 district committee, at useful times correlated to the district's
2-19 budgeting and planning activities, may make recommendations to the
2-20 board of trustees or the board's designee in the areas listed in
2-21 Subdivision (3);
2-22 (5) must require that the district committee and each
2-23 campus committee hold regular meetings and maintain an active
2-24 agenda of pending business items;
2-25 (6) must provide for procedures through which the
2-26 district committee and each campus committee may receive comments
2-27 or suggestions from persons specified in Subsection (c);
3-1 (7) must provide regular opportunities for the
3-2 district committee to meet with the board of trustees or the
3-3 board's designee and for each campus committee to meet with the
3-4 campus principal;
3-5 (8) must provide for periodic opportunities for each
3-6 campus committee to submit recommendations to the board of trustees
3-7 to alter the committee's role regarding the areas listed in
3-8 Subdivision (3) and for approval or rejection of those
3-9 recommendations by the board after considering the advice of the
3-10 campus principal and any legal factors relating to the
3-11 recommendations; and
3-12 (9) may expand on the process established by the
3-13 district in its site-based decision making plan that was required
3-14 to be submitted to the commissioner of education not later than
3-15 September 1, 1992.
3-16 (c) In accordance with written procedures adopted by the
3-17 district, the district committee and each campus committee
3-18 established under Subsection (b)(1):
3-19 (1) must include professional staff, two-thirds of
3-20 whom must be classroom teachers, nominated and elected by the
3-21 professional staff of the district or campus, as applicable, in a
3-22 manner consistent with Section 21.904(a);
3-23 (2) must include a reasonable number of other staff,
3-24 parents of students enrolled in the district or attending the
3-25 campus, as applicable, and community and business representatives;
3-26 and
3-27 (3) may include student representatives of the
4-1 district or campus, except that persons described by Subdivision
4-2 (2) or this subdivision may not constitute a majority of a district
4-3 or campus committee.
4-4 (d) Each school district shall submit a report, approved by
4-5 the board of trustees, concerning the status of its district and
4-6 site-based decision making plan to the commissioner of education
4-7 not later than October 1 of each even-numbered year. The
4-8 commissioner shall establish criteria governing the contents of a
4-9 status report under this section.
4-10 (e) The Central Education Agency may use a school district's
4-11 current status report in reviewing the district's accreditation
4-12 status.
4-13 (f) The board of trustees shall ensure that the
4-14 superintendent of the district and the principal of each school
4-15 campus implement district and site-based decision making as
4-16 required by this section. <shall establish school committees;>
4-17 <(2) may expand on the process established by the
4-18 district under Section 21.7532 of this code for the establishment
4-19 of campus performance objectives; and>
4-20 <(3) shall outline the role of the school committees
4-21 regarding decision making related to goal setting, curriculum,
4-22 budgeting, staffing patterns, and school organization.>
4-23 <(c) A school committee established under this section shall
4-24 include community representatives. The community representatives
4-25 may include business representatives.>
4-26 (g) <(d)> The commissioner may not approve a plan that the
4-27 commissioner determines contains one or more provisions that may be
5-1 construed as limiting or affecting the power of the board of
5-2 trustees of the school district to govern and manage the district
5-3 or as limiting the responsibilities of the trustees.
5-4 (h) <(e)> The commissioner shall identify or make available
5-5 to school districts various models for implementing district and
5-6 site-based decision making under this section <not later than
5-7 January 1, 1992>. The commissioner shall arrange for training in
5-8 district and site-based decision making through one or more sources
5-9 for school board trustees, superintendents, principals, teachers,
5-10 parents, and other members of district and campus <school>
5-11 committees. The training must include opportunities for
5-12 representatives of campus committees from different school
5-13 districts to report effective decision making practices.
5-14 (i) <(f)> Nothing in this section may be construed as
5-15 creating a new cause of action or as requiring collective
5-16 bargaining.
5-17 (j) The district committee and each campus <(g) Each
5-18 school> committee shall hold at least one public meeting per year.
5-19 The required meeting shall be held after receipt of the annual
5-20 district performance report and campus ratings <rating> from the
5-21 Central Education Agency for the purpose of discussing the
5-22 performance of the district and each campus as shown by the report
5-23 and ratings <and the campus performance objectives>.
5-24 (k) This section does not prohibit the board of trustees
5-25 from conducting meetings with teachers or groups of teachers other
5-26 than the meetings described by this section.
5-27 SECTION 2. Section 13.303(a), Education Code, is amended to
6-1 read as follows:
6-2 (a) In appraising teachers, each school district shall use:
6-3 (1) the appraisal process and performance criteria
6-4 developed by the board; or
6-5 (2) an appraisal process and performance criteria
6-6 developed by the school district utilizing the procedures
6-7 established in Section <Sections 21.930 and> 21.931 and approved by
6-8 the commissioner of education.
6-9 SECTION 3. Section 13.353(e), Education Code, is amended to
6-10 read as follows:
6-11 (e) From funds appropriated for that purpose, the Central
6-12 Education Agency may allocate an amount each year for the
6-13 identification, adaptation, development, and evaluation of
6-14 professional development programs and materials; training of
6-15 trainers; and technical assistance in the development of general
6-16 management and leadership development skills, including skills
6-17 necessary to implement Section <Sections 21.7532, 21.930, and>
6-18 21.931 of this code. The State Board of Education may designate
6-19 special projects and development activities to be carried out with
6-20 such funds.
6-21 SECTION 4. Section 13.354(e), Education Code, is amended to
6-22 read as follows:
6-23 (e) The appraisal of a principal shall include the
6-24 performance of the principal's campus on the indicators established
6-25 in Section 35.041 <21.7531> of this code and the campus's
6-26 objectives set under Section 21.931 <21.7532> of this code,
6-27 including performance gains of the campus and the maintenance of
7-1 those gains.
7-2 SECTION 5. Section 16.052(e), Education Code, is amended to
7-3 read as follows:
7-4 (e) The staff development required by this section must be
7-5 predominantly campus-based, for the purpose of improving student
7-6 achievement, and planned with the involvement of the campus
7-7 <school> committee established under Section 21.931 of this code.
7-8 Campus staff development shall <may> include activities that enable
7-9 the campus staff to plan together, to enhance existing skills, to
7-10 share effective strategies, to reflect on curricular and
7-11 instructional issues, to analyze student achievement results, to
7-12 reflect on means of increasing student achievement, to study
7-13 research, to practice new methods, to identify students' strengths
7-14 and needs, to develop meaningful programs for students, to
7-15 appropriately implement site-based decision making, and to conduct
7-16 action research. Staff development activities may include study
7-17 teams, individual research, peer coaching, workshops, seminars,
7-18 conferences, and other reasonable activities that have the
7-19 potential to improve student achievement.
7-20 SECTION 6. Section 21.1011(c), Education Code, is amended to
7-21 read as follows:
7-22 (c) The plan required by this section shall be implemented
7-23 <through the district-level decision process established under
7-24 Section 21.930 of this code> at each campus in the district as
7-25 determined through the district and site-based decision-making
7-26 process established under Section 21.931 of this code.
7-27 SECTION 7. Sections 21.938(a) and (b), Education Code, as
8-1 added by Chapter 347, Acts of the 73rd Legislature, 1993, are
8-2 amended to read as follows:
8-3 (a) The board of trustees of each school district shall
8-4 develop a district and campus planning process, utilizing the
8-5 procedures established in Sections 35.041<, 21.930,> and 21.931,
8-6 under which the board shall adopt a report detailing a plan for the
8-7 district and plans for each campus.
8-8 (b) Each district's report shall include a current analysis
8-9 of student performance based on the academic excellence indicators
8-10 adopted under Section 35.041, campus performance objectives
8-11 established under Section 21.931 <21.7532>, and other measures of
8-12 student performance the board determines and shall include
8-13 provisions for:
8-14 (1) addressing the needs of district students for
8-15 special programs, such as suicide prevention or dyslexia treatment
8-16 programs;
8-17 (2) requiring the principal of each campus, with the
8-18 assistance of parents and guardians of the school's students, other
8-19 adults in the attendance area, and the professional staff of the
8-20 school, to establish a campus plan consistent with Section
8-21 <Sections 21.7532 and> 21.931;
8-22 (3) dropout reduction;
8-23 (4) integration of technology in instructional and
8-24 administrative programs;
8-25 (5) discipline management;
8-26 (6) staff development for professional staff of the
8-27 district;
9-1 (7) career education to assist students in developing
9-2 the knowledge, skills, and competencies necessary for a broad range
9-3 of career opportunities;
9-4 (8) compensatory and remedial education as required by
9-5 Section 21.557; and
9-6 (9) other information the board considers useful.
9-7 SECTION 8. Section 35.042(a), Education Code, is amended to
9-8 read as follows:
9-9 (a) Each board of trustees shall publish an annual report
9-10 describing the educational performance of the district and of each
9-11 campus in the district that includes uniform student performance
9-12 and descriptive information as determined under rules adopted by
9-13 the commissioner of education. The annual report must also include
9-14 campus performance objectives established under Section 21.931
9-15 <21.7532> and the progress of each campus toward those objectives,
9-16 which shall be available to the public. The annual report must
9-17 also include the performance rating for the district as provided
9-18 under Section 35.062(a) and the performance rating of each campus
9-19 in the district as provided under Section 35.062(c). Supplemental
9-20 information to be included in the reports shall be determined by
9-21 the local board of trustees. Performance information in the annual
9-22 reports on the indicators established under Section 35.041 and
9-23 descriptive information required by this section shall be provided
9-24 by the Central Education Agency.
9-25 SECTION 9. Section 35.044, Education Code, is amended to
9-26 read as follows:
9-27 Sec. 35.044. USES OF PERFORMANCE REPORT. The information
10-1 required to be reported under Section 35.042 shall be:
10-2 (1) the subject of public hearings or meetings
10-3 required under Sections <21.930,> 21.931<,> and 35.042;
10-4 (2) a primary consideration in district and campus
10-5 planning; and
10-6 (3) a primary consideration of:
10-7 (A) the State Board of Education in the
10-8 evaluation of the performance of the commissioner of education;
10-9 (B) the commissioner of education in the
10-10 evaluation of the performance of the directors of the regional
10-11 education service centers;
10-12 (C) the board of trustees of a school district
10-13 in the evaluation of the performance of the superintendent of the
10-14 district; and
10-15 (D) the superintendent in the evaluation of the
10-16 performance of the district's campus principals.
10-17 SECTION 10. Section 35.062(b), Education Code, is amended to
10-18 read as follows:
10-19 (b) The academic excellence indicators adopted under
10-20 Sections 35.041(b)(1) through (6) shall be the main consideration
10-21 of the Central Education Agency in the rating of the district under
10-22 this section. Additional criteria in the accreditation rules may
10-23 include consideration of:
10-24 (1) goals and objectives of the district;
10-25 (2) compliance with statutory requirements and
10-26 requirements imposed by rule of the State Board of Education under
10-27 statutory authority;
11-1 (3) the relation between the academic excellence
11-2 indicators adopted by the State Board of Education under Section
11-3 35.041 and the campus performance objectives established under
11-4 Section 21.931 <21.7532>, including the manner in which the campus
11-5 performance objectives were established and the progress of the
11-6 campus in meeting the objectives;
11-7 (4) the quality of learning on each of the district's
11-8 campuses based on indicators including scores on achievement tests;
11-9 (5) the quality of the district's appraisal of teacher
11-10 performance and of administrator performance;
11-11 (6) the effectiveness of the district's principals as
11-12 instructional leaders;
11-13 (7) the effectiveness of the district's campuses on
11-14 the basis of the most current criteria identified by research on
11-15 effective schools;
11-16 (8) the fulfillment of curriculum requirements;
11-17 (9) the effectiveness of the district's programs in
11-18 special education based on the Central Education Agency's most
11-19 recent compliance review of the district and programs for special
11-20 populations;
11-21 (10) the effectiveness of district and campus staff
11-22 development programs;
11-23 (11) the effective use of technology to enhance
11-24 student achievement;
11-25 (12) the effectiveness of the district's remedial and
11-26 support programs under Section 21.557 for students at risk of
11-27 dropping out of school;
12-1 (13) the effectiveness of the district's dropout
12-2 prevention and recovery programs;
12-3 (14) efficient allocation of available resources;
12-4 (15) the presence and quality of comprehensive and
12-5 developmental guidance and counseling programs on campuses;
12-6 (16) the quality and effectiveness of the district's
12-7 vocational education program; and
12-8 (17) the effectiveness of the board of trustees in
12-9 governing the district.
12-10 SECTION 11. Section 35.084(b), Education Code, is amended to
12-11 read as follows:
12-12 (b) The campus <school> committee established under Section
12-13 21.931 shall determine the use of the funds awarded to a school
12-14 under this subchapter. The professional staff of the school
12-15 district<, as that term is used in Section 21.930,> shall determine
12-16 the use of the funds awarded to a <the> school district under this
12-17 subchapter.
12-18 SECTION 12. The following provisions of the Education Code
12-19 are repealed:
12-20 (1) Subchapter T, Chapter 21; and
12-21 (2) Section 21.930.
12-22 SECTION 13. A school district shall submit a plan for
12-23 district and site-based decision making that complies with Section
12-24 21.931, Education Code, as amended by this Act, to the commissioner
12-25 of education not later than January 1, 1996.
12-26 SECTION 14. This Act applies beginning with the 1995-1996
12-27 school year.
13-1 SECTION 15. The importance of this legislation and the
13-2 crowded condition of the calendars in both houses create an
13-3 emergency and an imperative public necessity that the
13-4 constitutional rule requiring bills to be read on three several
13-5 days in each house be suspended, and this rule is hereby suspended,
13-6 and that this Act take effect and be in force from and after its
13-7 passage, and it is so enacted.