1-1 By: Shapiro S.B. No. 876 1-2 (In the Senate - Filed March 4, 1999; March 8, 1999, read 1-3 first time and referred to Committee on Education; May 7, 1999, 1-4 reported adversely, with favorable Committee Substitute by the 1-5 following vote: Yeas 7, Nays 0; May 7, 1999, sent to printer.) 1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 876 By: Zaffirini 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to restaffing certain low-performing public schools. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subsection (b), Section 39.131, Education Code, 1-12 is amended to read as follows: 1-13 (b) If a campus performance is below any standard under 1-14 Section 39.073(b), the campus is considered a low-performing campus 1-15 and the commissioner may take any of the following actions, listed 1-16 in order of severity, to the extent the commissioner determines 1-17 necessary: 1-18 (1) issue public notice of the deficiency to the board 1-19 of trustees; 1-20 (2) order a hearing conducted by the board of trustees 1-21 at the campus for the purpose of notifying the public of the 1-22 unacceptable performance, the improvements in performance expected 1-23 by the agency, and the sanctions that may be imposed under this 1-24 section if the performance does not improve within a designated 1-25 period of time and of soliciting public comment on the initial 1-26 steps being taken to improve performance; 1-27 (3) order the preparation of a student achievement 1-28 improvement plan that addresses each academic excellence indicator 1-29 for which the campus's performance is unacceptable, the submission 1-30 of the plan to the commissioner for approval, and implementation of 1-31 the plan; 1-32 (4) order a hearing to be held before the commissioner 1-33 or the commissioner's designee at which the president of the board 1-34 of trustees, the superintendent, and the campus principal shall 1-35 appear and explain the campus's low performance, lack of 1-36 improvement, and plans for improvement; 1-37 (5) appoint a special campus intervention team to: 1-38 (A) conduct a comprehensive on-site evaluation 1-39 of each low-performing campus to determine the cause for the 1-40 campus's low performance and lack of progress; 1-41 (B) recommend actions, including reallocation of 1-42 resources and technical assistance, changes in school procedures or 1-43 operations, staff development for instructional and administrative 1-44 staff, intervention for individual administrators or teachers, 1-45 waivers from state statute or rule, or other actions the team 1-46 considers appropriate; 1-47 (C) assist in the development of a campus plan 1-48 for student achievement; and 1-49 (D) assist the commissioner in monitoring the 1-50 progress of the campus in implementing the campus plan for 1-51 improvement of student achievement; 1-52 (6) if a campus has been a low-performing campus for a 1-53 period of one year or more, appoint a board of managers composed of 1-54 residents of the district to exercise the powers and duties of the 1-55 board of trustees of the district in relation to the campus; or 1-56 (7) if a campus has been a low-performing campus for a 1-57 period of two years or more, order closure of the school program on 1-58 the campus or order that some or all of the educators employed on 1-59 the school campus for at least the two preceding years be 1-60 reassigned to other campuses or other appropriate positions in the 1-61 school district. 1-62 SECTION 2. This Act applies beginning with the 1999-2000 1-63 school year. 1-64 SECTION 3. The importance of this legislation and the 2-1 crowded condition of the calendars in both houses create an 2-2 emergency and an imperative public necessity that the 2-3 constitutional rule requiring bills to be read on three several 2-4 days in each house be suspended, and this rule is hereby suspended, 2-5 and that this Act take effect and be in force from and after its 2-6 passage, and it is so enacted. 2-7 * * * * *