By: Shapiro, Shapleigh S.B. No. 876 A BILL TO BE ENTITLED AN ACT 1-1 relating to restaffing certain low-performing public schools. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Subsection (b), Section 39.131, Education Code, 1-4 is amended to read as follows: 1-5 (b) If a campus performance is below any standard under 1-6 Section 39.073(b), the campus is considered a low-performing campus 1-7 and the commissioner may take any of the following actions, listed 1-8 in order of severity, to the extent the commissioner determines 1-9 necessary: 1-10 (1) issue public notice of the deficiency to the board 1-11 of trustees; 1-12 (2) order a hearing conducted by the board of trustees 1-13 at the campus for the purpose of notifying the public of the 1-14 unacceptable performance, the improvements in performance expected 1-15 by the agency, and the sanctions that may be imposed under this 1-16 section if the performance does not improve within a designated 1-17 period of time and of soliciting public comment on the initial 1-18 steps being taken to improve performance; 1-19 (3) order the preparation of a student achievement 1-20 improvement plan that addresses each academic excellence indicator 1-21 for which the campus's performance is unacceptable, the submission 1-22 of the plan to the commissioner for approval, and implementation of 1-23 the plan; 1-24 (4) order a hearing to be held before the commissioner 2-1 or the commissioner's designee at which the president of the board 2-2 of trustees, the superintendent, and the campus principal shall 2-3 appear and explain the campus's low performance, lack of 2-4 improvement, and plans for improvement; 2-5 (5) appoint a special campus intervention team to: 2-6 (A) conduct a comprehensive on-site evaluation 2-7 of each low-performing campus to determine the cause for the 2-8 campus's low performance and lack of progress; 2-9 (B) recommend actions, including reallocation of 2-10 resources and technical assistance, changes in school procedures or 2-11 operations, staff development for instructional and administrative 2-12 staff, intervention for individual administrators or teachers, 2-13 waivers from state statute or rule, or other actions the team 2-14 considers appropriate; 2-15 (C) assist in the development of a campus plan 2-16 for student achievement; and 2-17 (D) assist the commissioner in monitoring the 2-18 progress of the campus in implementing the campus plan for 2-19 improvement of student achievement; 2-20 (6) if a campus has been a low-performing campus for a 2-21 period of one year or more, appoint a board of managers composed of 2-22 residents of the district to exercise the powers and duties of the 2-23 board of trustees of the district in relation to the campus; or 2-24 (7) if a campus has been a low-performing campus for a 2-25 period of two years or more, order closure of the school program on 2-26 the campus or order that some or all of the educators employed on 3-1 the school campus for at least the two preceding years be 3-2 reassigned to other campuses or other appropriate positions in the 3-3 school district. 3-4 SECTION 2. This Act applies beginning with the 1999-2000 3-5 school year. 3-6 SECTION 3. The importance of this legislation and the 3-7 crowded condition of the calendars in both houses create an 3-8 emergency and an imperative public necessity that the 3-9 constitutional rule requiring bills to be read on three several 3-10 days in each house be suspended, and this rule is hereby suspended, 3-11 and that this Act take effect and be in force from and after its 3-12 passage, and it is so enacted.