By Cuellar of Webb H.B. No. 1402
74R5364 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to private management of a low-performing public school or
1-3 school district.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 35.121(a), (b), (d), and (e), Education
1-6 Code, are amended to read as follows:
1-7 (a) If a district does not satisfy the accreditation
1-8 criteria, the commissioner of education shall take any of the
1-9 following actions, listed in order of severity, to the extent the
1-10 commissioner determines necessary:
1-11 (1) issue public notice of the deficiency to the board
1-12 of trustees;
1-13 (2) order a hearing conducted by the board of trustees
1-14 of the district for the purpose of notifying the public of the
1-15 unacceptable performance, the improvements in performance expected
1-16 by the Central Education Agency, and the sanctions that may be
1-17 imposed under this section if the performance does not improve;
1-18 (3) order the preparation of a student achievement
1-19 improvement plan that addresses each academic excellence indicator
1-20 for which the district's performance is unacceptable, the
1-21 submission of the plan to the commissioner of education for
1-22 approval, and implementation of the plan;
1-23 (4) order a hearing to be held before the commissioner
1-24 of education or the commissioner's designee at which the president
2-1 of the board of trustees of the district and the superintendent
2-2 shall appear and explain the district's low performance, lack of
2-3 improvement, and plans for improvement;
2-4 (5) arrange an on-site investigation of the district;
2-5 (6) appoint an agency monitor to participate in and
2-6 report to the agency on the activities of the board of trustees or
2-7 the superintendent;
2-8 (7) appoint a master to oversee the operations of the
2-9 district;
2-10 (8) appoint a management team to direct the operations
2-11 of the district in areas of unacceptable performance;
2-12 (9) contract with a private entity for the management
2-13 of the educational program of the district;
2-14 (10) if a district has been rated as accredited warned
2-15 for a period of one year of more, appoint a board of managers
2-16 composed of residents of the district to exercise the powers and
2-17 duties of the board of trustees; or
2-18 (11) <(10)> if a district has been rated as
2-19 accredited warned for a period of two years or more, annex the
2-20 district to one or more adjoining districts under Section 19.027.
2-21 (b) If a campus performance is below any standard under
2-22 Section 35.063(b), the campus is considered a low-performing campus
2-23 and the commissioner of education may take any of the following
2-24 actions, listed in order of severity, to the extent the
2-25 commissioner determines necessary:
2-26 (1) issue public notice of the deficiency to the board
2-27 of trustees;
3-1 (2) order a hearing conducted by the board of trustees
3-2 at the campus for the purpose of notifying the public of the
3-3 unacceptable performance, the improvements in performance expected
3-4 by the Central Education Agency, and the sanctions that may be
3-5 imposed under this section if the performance does not improve
3-6 within a designated period of time and of soliciting public comment
3-7 on the initial steps being taken to improve performance;
3-8 (3) order the preparation of a student achievement
3-9 improvement plan that addresses each academic excellence indicator
3-10 for which the campus's performance is unacceptable, the submission
3-11 of the plan to the commissioner of education for approval, and
3-12 implementation of the plan;
3-13 (4) order a hearing to be held before the commissioner
3-14 of education or the commissioner's designee at which the president
3-15 of the board of trustees, the superintendent, and the campus
3-16 principal shall appear and explain the campus's low performance,
3-17 lack of improvement, and plans for improvement;
3-18 (5) appoint a special campus intervention team to:
3-19 (A) conduct a comprehensive on-site evaluation
3-20 of each low-performing campus to determine the cause for the
3-21 campus's low performance and lack of progress;
3-22 (B) recommend actions, including reallocation of
3-23 resources and technical assistance, changes in school procedures or
3-24 operations, staff development for instructional and administrative
3-25 staff, intervention for individual administrators or teachers,
3-26 waivers from state statute or rule, or other actions the team
3-27 considers appropriate;
4-1 (C) assist in the development of a campus plan
4-2 for student achievement; and
4-3 (D) assist the commissioner of education in
4-4 monitoring the progress of the campus in implementing the campus
4-5 plan for improvement of student achievement;
4-6 (6) contract with a private entity for management of
4-7 the educational program of the campus;
4-8 (7) if a campus has been a low-performing campus for a
4-9 period of one year or more, appoint a board of managers composed of
4-10 residents of the district to exercise the powers and duties of the
4-11 board of trustees of the district in relation to the campus; or
4-12 (8) <(7)> if a campus has been a low-performing campus
4-13 for a period of two years or more, order closure of the school
4-14 program on the campus.
4-15 (d) The costs of providing a monitor, master, management
4-16 team, private management entity, or special campus intervention
4-17 team shall be paid by the district.
4-18 (e) A master or management team appointed to oversee the
4-19 operations of the district shall prepare a plan for the
4-20 implementation of action under Subsection (a)(10) or (11) <(9) or
4-21 (10)> and may:
4-22 (1) direct an action to be taken by the principal of a
4-23 campus, the superintendent of the district, or the board of
4-24 trustees of the district; or
4-25 (2) approve or disapprove any action of the principal
4-26 of a campus, the superintendent of the district, or the board of
4-27 trustees of the district.
5-1 SECTION 2. This Act takes effect September 1, 1995.
5-2 SECTION 3. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended.