By Hochberg                                     H.B. No. 1597

      75R6508 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to public school district- and campus-level planning and

 1-3     decision-making committees.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 11.254, Education Code, is amended by

 1-6     amending Subsection (b) and adding Subsections (c) and (d) to read

 1-7     as follows:

 1-8           (b)  The agency shall conduct an annual statewide survey of

 1-9     the members of district- and campus-level planning and

1-10     decision-making committees about the types of district- and

1-11     campus-level decision-making and planning structures that exist,

1-12     the extent of involvement of various stakeholders in district- and

1-13     campus-level planning and decision-making, and the perceptions of

1-14     those persons of the quality and effectiveness of decisions related

1-15     to their impact on student performance.

1-16           (c)  Not later than July 1 of each year, the agency shall

1-17     report the results of the survey conducted under Subsection (b) to

1-18     the governor, the lieutenant governor, the speaker of the house of

1-19     representatives, the president of the board of trustees of each

1-20     school district, each district superintendent, and each

1-21     district-level planning and decision-making committee.  The

1-22     commissioner shall require additional training under Subsection (a)

1-23     in any district in which the results of the survey show that a

1-24     majority of the members of district- and campus-level planning and

 2-1     decision-making committees feel that they did not have adequate

 2-2     involvement in the process or that the district improvement plan

 2-3     adopted under Section 11.252 did not adequately improve student

 2-4     performance.

 2-5           (d)  If the survey for the school year following additional

 2-6     training provided under Subsection (c) shows that a majority of the

 2-7     members of district- and campus-level planning and decision-making

 2-8     committees feel that they did not have adequate involvement in the

 2-9     process or that the district improvement plan adopted under Section

2-10     11.252 did not adequately improve student performance, the

2-11     commissioner shall conduct a special accreditation investigation to

2-12     ensure that the district's students are receiving an adequate

2-13     education.

2-14           SECTION 2.  Subchapter F, Chapter 11, Education Code, is

2-15     amended by adding Section 11.255 to read as follows:

2-16           Sec. 11.255.  MEETINGS OF PLANNING AND DECISION-MAKING

2-17     COMMITTEE.  (a)  A meeting of a district- or campus-level planning

2-18     and decision-making committee must be open to the public.  A school

2-19     district shall give notice of committee meetings as provided by

2-20     this section.

2-21           (b)  A school district shall give notice of a meeting of the

2-22     district-level planning and decision-making committee in the manner

2-23     provided by Subchapter C, Chapter 551, Government Code, for a

2-24     meeting of the board of trustees of a school district, except that

2-25     the notice is not required to include the subject of the meeting.

2-26           (c)  A school district shall give notice of the meeting of a

2-27     campus-level planning and decision-making committee required by

 3-1     Section 11.253(g)  by continuously posting notice of the meeting

 3-2     for the seven days preceding the day of the meeting and on the day

 3-3     of the meeting on the main bulletin board inside the school and:

 3-4                 (1)  on a changeable letter sign outside the school, if

 3-5     the school has such a sign; or

 3-6                 (2)  outside the main entrance to the school.

 3-7           (d)  A school district shall give notice of the meeting of a

 3-8     campus-level planning and decision-making committee, other than the

 3-9     meeting required by Section 11.253(g), by posting notice of the

3-10     meeting at least 24 hours before the time of the meeting on the

3-11     main bulletin board inside the school and outside the main entrance

3-12     to the school.

3-13           (e)  A notice under Subsection (c) or (d) must contain the

3-14     date, hour, and place of the meeting.

3-15           (f)  This section does not affect the applicability of

3-16     Chapter 551, Government Code, to district- and campus-level

3-17     planning and decision-making committees.

3-18           SECTION 3.  Section 39.075(a), Education Code, is amended to

3-19     read as follows:

3-20           (a)  The commissioner shall authorize special accreditation

3-21     investigations to be conducted under the following circumstances:

3-22                 (1)  when excessive numbers of absences of students

3-23     eligible to be tested on state assessment instruments are

3-24     determined;

3-25                 (2)  when excessive numbers of allowable exemptions

3-26     from the required state assessment are determined;

3-27                 (3)  in response to complaints submitted to the agency

 4-1     with respect to alleged violations of civil rights or other

 4-2     requirements imposed on the state by federal law or court order;

 4-3                 (4)  in response to established compliance reviews of

 4-4     the district's financial accounting practices and state and federal

 4-5     program requirements;

 4-6                 (5)  when extraordinary numbers of student placements

 4-7     in alternative education programs, other than placements under

 4-8     Sections 37.006 and 37.007, are determined; [or]

 4-9                 (6)  in response to an allegation involving a conflict

4-10     between members of the board of trustees or between the board and

4-11     the district administration if it appears that the conflict

4-12     involves a violation of a role or duty of the board members or the

4-13     administration clearly defined by this code; or

4-14                 (7)  when surveys conducted under Section 11.254 show

4-15     that the district- and campus-level planning and decision-making

4-16     process is not functioning properly, as provided by Section

4-17     11.254(d).

4-18           SECTION 4.  This Act applies beginning with the 1997-1998

4-19     school year.

4-20           SECTION 5.  The importance of this legislation and the

4-21     crowded condition of the calendars in both houses create an

4-22     emergency and an imperative public necessity that the

4-23     constitutional rule requiring bills to be read on three several

4-24     days in each house be suspended, and this rule is hereby suspended,

4-25     and that this Act take effect and be in force from and after its

4-26     passage, and it is so enacted.