By Price                                        H.B. No. 2487

      75R7437 T                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to public school district and campus advisory committees.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 7.056(b), Education Code, is amended to

 1-5     read as follows:

 1-6           (b)  A school campus or district seeking a waiver must submit

 1-7     a written application to the commissioner not later than the 31st

 1-8     day before the campus or district intends to take action requiring

 1-9     a waiver.  The application must include:

1-10                 (1)  a written plan approved by the board of trustees

1-11     of the district that states the achievement objectives of the

1-12     campus or district and the inhibition imposed on those objectives

1-13     by the requirement, restriction, or prohibition; and

1-14                 (2)  written comments from the campus- or

1-15     district-level advisory committee established under Section 11.251.

1-16           SECTION 2.        Section 8.051, Education Code, is amended

1-17     to read as follows:

1-18           Each regional education service center shall use funds

1-19     distributed to the center under Section 8.121 for developing and

1-20     maintaining core services for purchase by school districts and

1-21     campuses.  The core services are:

1-22                 (1)  training and assistance in teaching each subject

1-23     area assessed under Section 39.023;

1-24                 (2)  training and assistance in providing each program

 2-1     that qualifies for a funding allotment under Section 42.151,

 2-2     42.152, 42.153, or 42.156;

 2-3                 (3)  assistance specifically designed for a school

 2-4     district rated academically unacceptable under Section 39.072(a) or

 2-5     a campus whose performance is considered unacceptable based on the

 2-6     indicators adopted under Section 39.051;

 2-7                 (4)  training and assistance to teachers,

 2-8     administrators, members of district boards of trustees, and members

 2-9     of site-based advisory [decision-making] committees; and

2-10                 (5)  assistance in complying with state laws and rules.

2-11           SECTION 3.  Section 11.011, Education Code, is amended to

2-12     read as follows:

2-13           The board of trustees of an independent school district, the

2-14     superintendent of the district, the campus administrators, and the

2-15     district- and campus-level advisory committees established under

2-16     Section 11.251 shall contribute to the operation of the district in

2-17     the manner provided by this code and by the board of trustees of

2-18     the district in a manner not inconsistent with this code.

2-19           SECTION 4.  Subchapter F, Chapter 11, Education Code, is

2-20     amended to read as follows:

2-21           SUBCHAPTER F.  DISTRICT AND CAMPUS ADVISORY COMMITTEES

2-22               [DISTRICT-LEVEL AND SITE-BASED DECISION-MAKING]

2-23           Sec. 11.251.   DISTRICT- AND CAMPUS-LEVEL ADVISORY [PLANNING

2-24     AND DECISION-MAKING] PROCESS.  (a) The board of trustees of each

2-25     independent  school district shall ensure that a district

2-26     improvement plan and improvement plans for each campus are

2-27     developed, reviewed, and revised annually for the purpose of

 3-1     improving the performance of all students.  The board shall

 3-2     annually approve district and campus performance objectives and

 3-3     shall ensure that the district and campus plans:

 3-4                 (1)  are mutually supportive to accomplish the

 3-5     identified objectives; and

 3-6                 (2)  at a minimum, support the state goals and

 3-7     objectives under Chapter 4.

 3-8           (b)  The board shall adopt a policy to establish a district-

 3-9     and campus-level advisory [planning and decision-making] process

3-10     that will involve the professional staff of the district, parents,

3-11     and community members in establishing and reviewing the district's

3-12     and campuses' educational plans, goals, performance objectives, and

3-13     major classroom instructional programs.  The board shall establish

3-14     a procedure under which meetings are held regularly by district-

3-15     and campus-level advisory [planning and decision-making] committees

3-16     that include representative professional staff, parents of students

3-17     enrolled in the district, and community members.  The committees

3-18     shall include business representatives, without regard to whether a

3-19     business representative resides in the district or whether the

3-20     business the person represents is located in the district.  The

3-21     board, or the board's designee, shall periodically meet with the

3-22     district-level advisory committee to review the [district-level]

3-23     committee's deliberations.

3-24           (c)  For purposes of establishing the composition of

3-25     committees under this section:

3-26                 (1)  a person who stands in parental relation to a

3-27     student is considered a parent;

 4-1                 (2)  a parent who is an employee of the school district

 4-2     is not considered a parent representative on the committee;

 4-3                 (3)  a parent is not considered a representative of

 4-4     community members on the committee; and

 4-5                 (4)  community members must reside in the district and

 4-6     must be at least 18 years of age.

 4-7           (d)  The board shall also ensure that an administrative

 4-8     procedure is provided to clearly define the respective roles and

 4-9     responsibilities of the superintendent, central office staff,

4-10     principals, teachers, district-level advisory committee members,

4-11     and campus-level advisory committee members in the areas of

4-12     planning, budgeting, curriculum, staffing patterns, staff

4-13     development, and school organization.  The board shall ensure that

4-14     the district-level advisory [planning and decision-making]

4-15     committee will be actively involved in establishing the

4-16     administrative procedure that defines the respective roles and

4-17     responsibilities pertaining to advisory committees [planning and

4-18     decision-making] at the district and campus levels.

4-19           (e)  The board shall adopt a procedure, consistent with

4-20     Section 21.407(a), for the professional staff in the district to

4-21     nominate and elect the professional staff representatives who shall

4-22     meet with the board or the board designee as required under this

4-23     section.  At least two-thirds of the elected professional staff

4-24     representatives must be classroom teachers.  The remaining staff

4-25     representatives shall include both campus- and district-level

4-26     professional staff members.  Board policy must provide procedures

4-27     for:

 5-1                 (1)  the selection of parents to the district-level and

 5-2     campus-level committees; and

 5-3                 (2)  the selection of community members and business

 5-4     representatives to serve on the district-level committee in a

 5-5     manner that provides for appropriate representation of the

 5-6     community's diversity.

 5-7           (f)  The district policy must provide that all pertinent

 5-8     federal planning requirements are addressed through the district-

 5-9     and campus-level planning process.

5-10           (g)  This section does not:

5-11                 (1)  prohibit the board from conducting meetings with

5-12     teachers or groups of teachers other than the meetings described by

5-13     this section;

5-14                 (2)  prohibit the board from establishing policies

5-15     providing avenues for input from others, including students or

5-16     paraprofessional staff, in district- or campus-level advisory

5-17     committees [planning and decision-making];

5-18                 (3)  limit or affect the power of the board to govern

5-19     the public schools; or

5-20                 (4)  create a new cause of action or require collective

5-21     bargaining.

5-22           Sec. 11.252.  DISTRICT IMPROVEMENT PLAN [DISTRICT-LEVEL

5-23     PLANNING AND DECISION-MAKING]

5-24           (a)  Each school district shall have a district improvement

5-25     plan that is developed, evaluated, and revised annually, in

5-26     accordance with district policy, by the superintendent with the

5-27     assistance of the district-level advisory committee established

 6-1     under Section 11.251.  The purpose of the district improvement plan

 6-2     is to guide district and campus staff in the improvement of student

 6-3     performance for all student groups in order to attain state

 6-4     standards in respect to the academic excellence indicators adopted

 6-5     under Section 39.051.  The district improvement plan must include

 6-6     provisions for:

 6-7                 (1)  a comprehensive needs assessment addressing

 6-8     district student performance on the academic excellence indicators,

 6-9     and other appropriate measures of performance, that are

6-10     disaggregated by all student groups served by the district,

6-11     including categories of ethnicity, socioeconomic status, sex, and

6-12     populations served by special programs;

6-13                 (2)  measurable district performance objectives for all

6-14     appropriate academic excellence indicators for all student

6-15     populations, appropriate objectives for special needs populations,

6-16     and other measures of student performance that may be identified

6-17     through the comprehensive needs assessment;

6-18                 (3)  strategies for improvement of student performance

6-19     that include:

6-20                       (A)  instructional methods for addressing the

6-21     needs of student groups not achieving their full potential;

6-22                       (B)  methods for addressing the needs of students

6-23     for special programs, such as suicide prevention, conflict

6-24     resolution, violence prevention, or dyslexia treatment programs;

6-25                       (C)  dropout reduction;

6-26                       (D)  integration of technology in instructional

6-27     and administrative programs;

 7-1                       (E)  discipline management;

 7-2                       (F)  staff development for professional staff of

 7-3     the district;

 7-4                       (G)  career education to assist students in

 7-5     developing the knowledge, skills, and competencies necessary for a

 7-6     broad range of career opportunities; and

 7-7                       (H)  accelerated education;

 7-8                 (4)  resources needed to implement identified

 7-9     strategies;

7-10                 (5)  staff responsible for ensuring the accomplishment

7-11     of each strategy;

7-12                 (6)  timelines for ongoing monitoring of the

7-13     implementation of each improvement strategy; and

7-14                 (7)  formative evaluation criteria for determining

7-15     periodically whether strategies are resulting in intended

7-16     improvement of student performance.

7-17           (b)  A district's plan for the improvement of student

7-18     performance is not filed with the agency, but the district must

7-19     make the plan available to the agency on request.

7-20           (c)  In a district that has only one campus, the district-

7-21     and campus-level advisory committees may be one committee and the

7-22     district and campus plans may be one plan.

7-23           (d)  At least every two years, each district shall evaluate

7-24     the effectiveness of the district's [decision-making and planning]

7-25     policies, procedures, and staff development activities related to

7-26     this subchapter [district- and campus-level decision-making and

7-27     planning] to ensure that they are effectively structured to

 8-1     positively impact student performance.

 8-2           [(d-1)  Expired.]

 8-3           (e)  The district-level advisory committee established under

 8-4     Section 11.251 shall hold at least one public meeting per year.

 8-5     The required meeting shall be held after receipt of the annual

 8-6     district performance report from the agency for the purpose of

 8-7     discussing the performance of the district and the district

 8-8     performance objectives.  District policy and procedures must be

 8-9     established to ensure that systematic communications measures are

8-10     in place to periodically obtain broad-based community, parent, and

8-11     staff input and to provide information to those persons regarding

8-12     the recommendations of the district-level committee.  This section

8-13     does not create a new cause of action or require collective

8-14     bargaining.

8-15           (f)  A superintendent shall regularly consult the

8-16     district-level committee in the planning, operation, supervision,

8-17     and evaluation of the district educational program.

8-18           Sec. 11.253.  CAMPUS IMPROVEMENT PLAN [PLANNING AND

8-19     SITE-BASED DECISION- MAKING]

8-20           (a)  Each school district shall maintain [current] policies

8-21     and procedures to foster an [ensure that] effective advisory

8-22     process [planning and site-based decision-making occur] at each

8-23     campus to [direct and] support the improvement of student

8-24     performance for all students.

8-25           (b)  Each district's policies [policy] and procedures shall

8-26     establish campus-level advisory [planning and decision-making]

8-27     committees as provided for through the procedures provided by

 9-1     Sections 11.251(b)-(e).

 9-2           (c)  Each school year, the principal of each school campus,

 9-3     with the assistance of the campus-level committee, shall develop,

 9-4     review, and revise the campus improvement plan for the purpose of

 9-5     improving student performance for all student populations with

 9-6     respect to the academic excellence indicators adopted under Section

 9-7     39.051 and any other appropriate performance measures for special

 9-8     needs populations.

 9-9           (d)  Each campus improvement plan must:

9-10                 (1)  assess the academic achievement for each student

9-11     in the school using the academic excellence indicator system as

9-12     described by Section 39.051;

9-13                 (2)  set the campus performance objectives based on the

9-14     academic excellence indicator system, including objectives for

9-15     special needs populations;

9-16                 (3)  identify how the campus goals will be met for each

9-17     student;

9-18                 (4)  determine the resources needed to implement the

9-19     plan;

9-20                 (5)  identify staff needed to implement the plan;

9-21                 (6)  set timelines for reaching the goals; and

9-22                 (7)  measure progress toward the performance objectives

9-23     periodically to ensure that the plan is resulting in academic

9-24     improvement.

9-25           (e)  In accordance with the administrative procedures

9-26     established under Section 11.251(b), the campus-level committee

9-27     shall be involved in [decisions in the areas of] planning,

 10-1    budgeting, curriculum, staffing patterns, staff development, and

 10-2    school organization. The campus-level committee must provide

 10-3    written comment on [approve] the portions of the campus plan

 10-4    addressing campus staff development needs.

 10-5          (f)  This section does not create a new cause of action or

 10-6    require collective bargaining.

 10-7          (g)  Each campus-level committee shall hold at least one

 10-8    public meeting per year.  The required meeting shall be held after

 10-9    receipt of the annual campus rating from the agency to discuss the

10-10    performance of the campus and the campus performance objectives.

10-11    District policy and campus procedures must be established to ensure

10-12    that systematic communications measures are in place to

10-13    periodically obtain broad-based community, parent, and staff input,

10-14    and to provide information to those persons regarding the

10-15    recommendations of the campus-level committees.

10-16          (h)  A principal shall regularly consult the campus-level

10-17    committee in the planning, operation, supervision, and evaluation

10-18    of the campus educational program.

10-19          Sec. 11.254.  STATE RESPONSIBILITIES [FOR THE PLANNING AND

10-20    DECISION-MAKING PROCESS]

10-21          (a)  The commissioner shall oversee the provision of training

10-22    and technical support to all districts and campuses with [in]

10-23    respect to district- and campus-level advisory committees [planning

10-24    and-site-based decision-making] through one or more sources,

10-25    including regional education service centers, for school board

10-26    trustees, superintendents, principals, teachers, parents, and other

10-27    members of advisory [school] committees.

 11-1          (b)  The agency shall conduct an annual statewide survey of

 11-2    the types of district- and campus-level advisory committees

 11-3    [decision-making and planning structures] that exist, the extent of

 11-4    involvement of various stakeholders in the process [district- and

 11-5    campus-level planning and decision-making], and the perceptions of

 11-6    those persons of the quality and effectiveness of the committees

 11-7    [decisions] related to their impact on student performance.

 11-8          SECTION 5.        Section 21.352(a), Education Code, is

 11-9    amended to read as follows:

11-10          (a)  In appraising teachers, each school district shall use:

11-11                (1)  the appraisal process and performance criteria

11-12    developed by the commissioner; or

11-13                (2)  an appraisal process and performance criteria:

11-14                      (A)  developed by the district- and campus-level

11-15    advisory committees established under Section 11.251;

11-16                      (B)  containing the items described by Sections

11-17    21.351(a)(1) and (2); and

11-18                      (C)  adopted by the board of trustees.

11-19          SECTION 6.  Section 21.354(c), Education Code, is amended to

11-20    read as follows:

11-21          (c)  Each school district shall appraise each administrator

11-22    annually using either:

11-23                (1)  the commissioner's recommended appraisal process

11-24    and performance criteria; or

11-25                (2)  an appraisal process and performance criteria:

11-26                      (A)  developed by the district with the advice of

11-27    [in consultation with] the district- and campus-level advisory

 12-1    committees established under Section 11.251; and

 12-2                      (B)  adopted by the board of trustees.

 12-3          SECTION 7.  Section 21.451(b), Education Code, is amended to

 12-4    read as follows:

 12-5          (b)  The staff development must be predominantly

 12-6    campus-based[,] and related to achieving campus performance

 12-7    objectives established under Section 11.253 [, and developed and

 12-8    approved by the campus-level committee established under Section

 12-9    11.251].  Campus staff development may include activities that

12-10    enable the campus staff to plan together to enhance existing

12-11    skills, to share effective strategies, to reflect on curricular and

12-12    instructional issues, to analyze student achievement results, to

12-13    reflect on means of increasing student achievement, to study

12-14    research, to practice new methods, to identify students' strengths

12-15    and needs, to develop meaningful programs for students, to

12-16    appropriately implement site-based advisory committees

12-17    [decision-making], and to conduct action research.  The campus

12-18    staff development activities may be conducted using study teams,

12-19    individual research, peer coaching, workshops, seminars,

12-20    conferences, or other reasonable methods that have the potential to

12-21    improve student achievement.

12-22          SECTION 8.  Section 37.001(a), Education Code, is amended to

12-23    read as follows:

12-24          (a)  Each school district shall, with the advice of its

12-25    district-level advisory committee established under Section 11.251,

12-26    and jointly, as appropriate, with the juvenile board of each county

12-27    in which the district is located, adopt a student code of conduct

 13-1    for the district.  In addition to establishing standards for

 13-2    student conduct, the student code of conduct must:

 13-3                (1)  specify the circumstances, in accordance with this

 13-4    subchapter, under which a student may be removed from a classroom,

 13-5    campus, or alternative education program;

 13-6                (2)  outline the responsibilities of each juvenile

 13-7    board concerning the establishment and operation of a juvenile

 13-8    justice alternative education program under Section 37.011;

 13-9                (3)  define the conditions on payments from the

13-10    district to each juvenile board;

13-11                (4)  specify conditions that authorize or require a

13-12    principal or other appropriate administrator to transfer a student

13-13    to an alternative education program; and

13-14                (5)  outline conditions under which a student may be

13-15    suspended as provided by Section 37.005 or expelled as provided by

13-16    Section 37.007.

13-17          SECTION 9.  The importance of this legislation and the

13-18    crowded condition of the calendars in both houses create an

13-19    emergency and an imperative public necessity that the

13-20    constitutional rule requiring bills to be read on three several

13-21    days in each house be suspended, and this rule is hereby suspended,

13-22    and that this Act take effect and be in force from and after its

13-23    passage, and it is so enacted.