By Menendez                                           H.B. No. 1590
         77R4173 BDH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to improving educational services in certain school
 1-3     districts.
 1-5           SECTION 1. Chapter 29, Education Code, is amended by adding
 1-6     Subchapter J to read as follows:
 1-8           Sec. 29.351.  DEFINITIONS. In this subchapter:
 1-9                 (1)  "Class size" means the number of students in a
1-10     class on the third Friday of September of a school year.
1-11                 (2)  "Low income" means the measure of poverty adopted
1-12     by a school district under 20 U.S.C. Section 6313, and its
1-13     subsequent amendments, for the school year preceding the year the
1-14     district applies for participation in the program.
1-15                 (3)  "Program" means the student achievement guarantee
1-16     in education program described by this subchapter.
1-17           Sec. 29.352.  PROGRAM. The program consists of a contract
1-18     between a school district and the agency in which the district
1-19     agrees to provide educational services as provided by Section
1-20     29.357 in exchange for receiving funds under Section 29.358.
1-21           Sec. 29.353.  RULES. The commissioner shall adopt rules to
1-22     administer the program.
1-23           Sec. 29.354.  ELIGIBILITY. A school district is eligible to
1-24     participate in the program if, during the school year preceding the
 2-1     year in which the district applies for participation, 50 percent or
 2-2     more of the students enrolled at a public school campus in the
 2-3     district were students of low income.
 2-4           Sec. 29.355.  PREFERENCE. In entering into contracts under
 2-5     this subchapter, the agency shall give preference to school
 2-6     districts with the highest percentage of students of low income
 2-7     enrolled in kindergarten and first grade.
 2-8           Sec. 29.356.  CONTRACT. A contract between a school district
 2-9     and the agency for participation in the program must include:
2-10                 (1)  a description of each campus in the district to
2-11     receive funds under Section 29.358, provided that:
2-12                       (A)  not more than 10 campuses in the district
2-13     may receive funds; and
2-14                       (B)  during the school year preceding the year of
2-15     participation in the program, 50 percent or more of the students
2-16     enrolled at each campus were students of low income;
2-17                 (2)  the district's plan to implement the requirements
2-18     of Section 29.357, including any alternative class configurations
2-19     designed to meet the class size requirements of Section 29.357(a);
2-20                 (3)  a method for evaluating the academic achievement
2-21     of students enrolled at each campus participating in the program;
2-22                 (4)  any proposed performance objectives under the
2-23     program, including:
2-24                       (A)  improvement of student performance on any
2-25     statewide assessment instruments administered under Section 39.023;
2-26                       (B)  professional development in the district;
2-27                       (C)  increased integration of students, parents,
 3-1     and district residents in district decision-making; and
 3-2                       (D)  proposed methods for attaining any
 3-3     educational goals adopted by the district; and
 3-4                 (5)  for each campus to receive funds under Section
 3-5     29.358, the district's proposed method of monitoring compliance
 3-6     with the terms of the contract.
 3-7           Sec. 29.357.  PROGRAM REQUIREMENTS. (a)  A school district
 3-8     that participates in the program must implement the following
 3-9     measures in each campus in the district that receives funds under
3-10     Section 29.358:
3-11                 (1)  in each of the first three years of the contract,
3-12     reduce the class size of each kindergarten through third grade
3-13     class to 15 or fewer students as follows:
3-14                       (A)  in the first year, reduce the class size in
3-15     at least kindergarten and first grade classes;
3-16                       (B)  in the second year, reduce the class size in
3-17     at least kindergarten through second grade classes; and
3-18                       (C)  in the third year, reduce the class size in
3-19     at least kindergarten through third grade classes;
3-20                 (2)  open the campus for extended hours of operation,
3-21     as necessary to meet the requirements of this section and as
3-22     specified in the contract;
3-23                 (3)  collaborate with community organizations to
3-24     increase the availability of educational and recreational
3-25     opportunities for all district residents;
3-26                 (4)  in cooperation with the agency, campus personnel,
3-27     and district residents, review the campus academic curriculum and,
 4-1     as the district determines necessary, adopt a more rigorous
 4-2     curriculum designed to improve student academic achievement;
 4-3                 (5)  develop a one-year program for new employees of
 4-4     the campus designed to improve each employee's transition into the
 4-5     campus;
 4-6                 (6)  increase the time provided by the campus for
 4-7     employee collaboration and planning;
 4-8                 (7)  require that each teacher and administrator submit
 4-9     to the district a professional development plan that includes
4-10     methods for:
4-11                       (A)  improving student academic achievement; and
4-12                       (B)  evaluating the success of the plan;
4-13                 (8)  evaluate each teacher and administrator,
4-14     including:
4-15                       (A)  evaluation of the effectiveness of each
4-16     professional development plan submitted under Subdivision (7); and
4-17                       (B)  identification of areas of strength and
4-18     weakness;
4-19                 (9)  provide a support system designed to improve the
4-20     performance of teachers and administrators, including:
4-21                       (A)  specific documentation of the performance of
4-22     teachers and administrators; and
4-23                       (B)  a method of receiving suggested revisions to
4-24     the evaluation process, including comments and contributions from
4-25     teachers and administrators; and
4-26                 (10)  dismiss any teacher or administrator whose
4-27     performance fails to improve, as documented under Subdivision
 5-1     (9)(A) and as determined by the district.
 5-2           (b)  The requirements of Subsection (a) are in addition to
 5-3     any other requirements of this code.
 5-4           Sec. 29.358.  FUNDS. (a)  From funds appropriated for the
 5-5     purpose, the commissioner shall pay to each school district that
 5-6     has contracted with the agency under Section 29.356 an amount equal
 5-7     to $2,000 for each student of low income who is enrolled:
 5-8                 (1)  in a grade level designated in the contract; and
 5-9                 (2)  at a campus designated in the contract.
5-10           (b)  The commissioner shall cease payment of funds to a
5-11     school district if the district withdraws from the contract before
5-12     the contract expires.
5-13           (c)  Funds a district receives under this section are in
5-14     addition to funds received under Chapter 42.  Section 42.258
5-15     applies to funds received under this section.  The commissioner
5-16     shall distribute funds under this section in the manner provided by
5-17     Section 42.259.
5-18           (d)  If funds appropriated for a school year for purposes of
5-19     this section are less than the amount to which school districts are
5-20     entitled under this section for that school year, the commissioner
5-21     shall reduce the amount distributed to each district
5-22     proportionately.
5-23           Sec. 29.359.  USE OF FUNDS. (a)  A school district or campus
5-24     participating in the program may use program funds only for the
5-25     purposes of this subchapter.
5-26           (b)  A school district must distribute funds received under
5-27     Section 29.358 to a campus designated in the contract under Section
 6-1     29.356.
 6-2           Sec. 29.360.  PROGRAM REVIEW COMMITTEE; ANNUAL REVIEW. (a)
 6-3     The program review committee consists of:
 6-4                 (1)  the commissioner;
 6-5                 (2)  the presiding officers of the standing committees
 6-6     of the senate and the house of representatives having jurisdiction
 6-7     over public education; and
 6-8                 (3)  two representatives of the agency, appointed by
 6-9     the commissioner.
6-10           (b)  Not later than June 30 of each year, the committee shall
6-11     review the progress of each campus that receives funds under
6-12     Section 29.358.  The committee may recommend to the agency that the
6-13     agency terminate a contract entered into with a district under
6-14     Section 29.356 if the committee determines that the district:
6-15                 (1)  violated the terms of the contract under Section
6-16     29.356; or
6-17                 (2)  failed to implement the requirements of Section
6-18     29.357.
6-19           (c)  In addition to the committee review under this section,
6-20     the agency shall provide for an annual independent evaluation of
6-21     the program.
6-22           Sec. 29.361.  TERMINATION OF CONTRACT. The agency may
6-23     terminate a contract under this subchapter at the end of a school
6-24     year if the agency determines that during that school year the
6-25     school district:
6-26                 (1)  violated the terms of the contract under Section
6-27     29.356; or
 7-1                 (2)  failed to implement the requirements of Section
 7-2     29.357.
 7-3           SECTION 2. Not later than January 1, 2002, the commissioner
 7-4     of education shall adopt rules for administration of the student
 7-5     achievement guarantee in education program under Subchapter J,
 7-6     Chapter 29, Education Code, as added by this Act.
 7-7           SECTION 3.  This Act takes effect immediately if it receives
 7-8     a vote of two-thirds of all the members elected to each house, as
 7-9     provided by Section 39, Article III, Texas Constitution.  If this
7-10     Act does not receive the vote necessary for immediate effect, this
7-11     Act takes effect September 1, 2001.