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. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 29, Education Code, is amended by adding 1-6 Subchapter J to read as follows: 1-7 SUBCHAPTER J. STUDENT ACHIEVEMENT GUARANTEE IN EDUCATION PROGRAM 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.