By Garcia                                             H.B. No. 1293
         77R3601 BDH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to closing certain repeat low-performing schools.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 39.131, Education Code, is amended by
 1-5     amending Subsection (b) and adding Subsection (i) to read as
 1-6     follows:
 1-7           (b)  If a campus performance is below any standard under
 1-8     Section 39.073(b), the campus is considered a low-performing campus
 1-9     and the commissioner may take any of the following actions, listed
1-10     in order of severity, to the extent the commissioner determines
1-11     necessary:
1-12                 (1)  issue public notice of the deficiency to the board
1-13     of trustees;
1-14                 (2)  order a hearing conducted by the board of trustees
1-15     at the campus for the purpose of notifying the public of the
1-16     unacceptable performance, the improvements in performance expected
1-17     by the agency, and the sanctions that may be imposed under this
1-18     section if the performance does not improve within a designated
1-19     period of time and of soliciting public comment on the initial
1-20     steps being taken to improve performance;
1-21                 (3)  order the preparation of a report regarding the
1-22     parental involvement program at the campus and a plan describing
1-23     strategies for improving parental involvement at the campus;
1-24                 (4)  order the preparation of a report regarding the
 2-1     effectiveness of the district- and campus-level planning and
 2-2     decision-making committees established under Subchapter F, Chapter
 2-3     11, and a plan describing strategies for improving the
 2-4     effectiveness of those committees;
 2-5                 (5)  order the preparation of a student achievement
 2-6     improvement plan that addresses each academic excellence indicator
 2-7     for which the campus's performance is unacceptable, the submission
 2-8     of the plan to the commissioner for approval, and implementation of
 2-9     the plan;
2-10                 (6)  order a hearing to be held before the commissioner
2-11     or the commissioner's designee at which the president of the board
2-12     of trustees, the superintendent, and the campus principal shall
2-13     appear and explain the campus's low performance, lack of
2-14     improvement, and plans for improvement;
2-15                 (7)  appoint a special campus intervention team to:
2-16                       (A)  conduct a comprehensive on-site evaluation
2-17     of each low-performing campus to determine the cause for the
2-18     campus's low performance and lack of progress;
2-19                       (B)  recommend actions, including reallocation of
2-20     resources and technical assistance, changes in school procedures or
2-21     operations, staff development for instructional and administrative
2-22     staff, intervention for individual administrators or teachers,
2-23     waivers from state statute or rule, or other actions the team
2-24     considers appropriate;
2-25                       (C)  assist in the development of a campus plan
2-26     for student achievement; and
2-27                       (D)  assist the commissioner in monitoring the
 3-1     progress of the campus in implementing the campus plan for
 3-2     improvement of student achievement;
 3-3                 (8)  if a campus has been a low-performing campus for a
 3-4     period of one [year] or two years [more], appoint a board of
 3-5     managers composed of residents of the district to exercise the
 3-6     powers and duties of the board of trustees of the district in
 3-7     relation to the campus; or
 3-8                 (9)  if a campus has been a low-performing campus for a
 3-9     period of two years [or more], order closure of the school program
3-10     on the campus.
3-11           (i)  If a campus has been a low-performing campus for any
3-12     three years in a five-year period, the commissioner shall order
3-13     closure of the school program on the campus, except that the
3-14     commissioner may allow the campus to continue to operate if the
3-15     commissioner approves a written report submitted by the  school
3-16     district that includes:
3-17                 (1)  an explanation of the reasons for the campus's low
3-18     performance; and
3-19                 (2)  a proposed plan for improving the campus's
3-20     performance not later than the following school year.
3-21           SECTION 2. (a)  This Act takes effect September 1, 2001, and
3-22     applies beginning with the 2001-2002 school year.
3-23           (b)  For purposes of Section 39.131(i), Education Code, as
3-24     added by this Act, a rating of a campus as low-performing for the
3-25     2000-2001 school year or an earlier school year is not aggregated
3-26     with ratings for the 2001-2002 school year and later school years.