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.