HBA-LCA H.B. 3012 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3012 By: Hochberg Public Education 4/19/1999 Introduced BACKGROUND AND PURPOSE Section 39.073, Education Code, requires an annual review of each school district and campus in the public school system. The review evaluates each district or campus according to indicators set forth in Section 39.051(c), Education Code (Academic Excellence Indicators). If a district or campus does not meet or exceed those standards, it is determined to be low-performing. Section 39.131, Education Code (Sanctions) allows the commissioner of education (commissioner) to determine what action to take to address a low-performing campus, and sets forth a list of actions, in order of severity, from issuing public notice of a deficiency to the board of trustees of the school district in question to ordering closure of the campus, if the campus has been assessed as lowperforming for two or more years. H.B. 3012 amends Chapter 39, Education Code (Public School System Accountability), to require, rather than permit, the commissioner to impose one or more of the sanctions under Section 39.131 on a campus determined to be low-performing. As proposed, this bill would still allow the commissioner discretion in choosing to appoint a board of managers or ordering closure of a school program on a low-performing campus. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 39.131, Education Code, by amending Subsection (b) and adding Subsections (b-1) and (b-2), as follows: (b) Requires, rather than authorizes, the commissioner of education (commissioner) to take one or more enumerated actions regarding low-performing schools. (b-1) Creates this subsection from existing text (Section 39.131(b)(6), Education Code) to specify that the appointment of a board of managers to exercise the powers and duties of the board of trustees of the district in relation to a campus that has been a lowperforming campus for one year or more is at the discretion of the commissioner. (b-2) Creates this subsection from existing text (Section 39.131(b)(7), Education Code) specify that the closure of a school program on a campus that has been a low-performing campus for one year or more is at the discretion of the commissioner. SECTION 2. Provides that this Act applies with the beginning of the 1999-2000 school year. SECTION 3. Emergency clause. Effective date: upon passage.