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.