By Dutton H.B. No. 2546
77R4942 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to sanctions imposed on low-performing public 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 Subsections (b)-(h) and adding Subsections (i) and (j) to
1-6 read as 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; or
3-3 (8) if a campus has been a low-performing campus for a
3-4 period of one year [or more], appoint a board of managers composed
3-5 of residents of the district to exercise the powers and duties of
3-6 the board of trustees of the district in relation to the campus.
3-7 (c) If [; or]
3-8 [(9) if] a campus has been a low-performing campus for
3-9 a period of two years [or more], the commissioner shall:
3-10 (1) order that the school program on the campus:
3-11 (A) employ only a teacher certified under
3-12 Subchapter B, Chapter 21, to teach the subject and grade level to
3-13 which the teacher is assigned; and
3-14 (B) employ a sufficient number of teachers to
3-15 maintain a ratio of one teacher for each 10 students in average
3-16 daily attendance; or
3-17 (2) order closure of the school program on the campus.
3-18 (d) If a campus has been a low-performing campus for a
3-19 period of two years after the commissioner orders employment of
3-20 teachers as provided by Subsection (c)(1), the commissioner shall
3-21 order closure of the school program on the campus.
3-22 (e) [(c)] The commissioner shall review annually the
3-23 performance of a district or campus subject to this section to
3-24 determine the appropriate actions to be implemented under this
3-25 section. The commissioner must review at least annually the
3-26 performance of a district for which the accreditation rating has
3-27 been lowered due to unacceptable student performance and may not
4-1 raise the rating until the district has demonstrated improved
4-2 student performance. If the review reveals a lack of improvement,
4-3 the commissioner shall increase the level of state intervention and
4-4 sanction unless the commissioner finds good cause for maintaining
4-5 the current status.
4-6 (f) [(d)] The costs of providing a monitor, master,
4-7 management team, or special campus intervention team shall be paid
4-8 by the district.
4-9 (g) [(e)] The commissioner shall clearly define the powers
4-10 and duties of a master or management team appointed to oversee the
4-11 operations of the district. At least every 90 days, the
4-12 commissioner shall review the need for the master or management
4-13 team and shall remove the master or management team unless the
4-14 commissioner determines that continued appointment is necessary for
4-15 effective governance of the district or delivery of instructional
4-16 services. A master or management team, if directed by the
4-17 commissioner, shall prepare a plan for the implementation of action
4-18 under Subsection (a)(9) or (10). The master or management team:
4-19 (1) may direct an action to be taken by the principal
4-20 of a campus, the superintendent of the district, or the board of
4-21 trustees of the district;
4-22 (2) may approve or disapprove any action of the
4-23 principal of a campus, the superintendent of the district, or the
4-24 board of trustees of the district;
4-25 (3) may not take any action concerning a district
4-26 election, including ordering or canceling an election or altering
4-27 the date of or the polling places for an election;
5-1 (4) may not change the number of or method of
5-2 selecting the board of trustees;
5-3 (5) may not set a tax rate for the district; and
5-4 (6) may not adopt a budget for the district that
5-5 provides for spending a different amount, exclusive of required
5-6 debt service, from that previously adopted by the board of
5-7 trustees.
5-8 (h) [(f)] A special campus intervention team appointed
5-9 under this section may consist of teachers, principals, other
5-10 educational professionals, and superintendents recognized for
5-11 excellence in their roles and appointed by the commissioner to
5-12 serve as members of a team.
5-13 (i) [(g)] If the commissioner appoints a board of managers
5-14 to govern a district, the powers of the board of trustees of the
5-15 district are suspended for the period of the appointment and the
5-16 commissioner shall appoint a district superintendent.
5-17 Notwithstanding any other provision of this code, the board of
5-18 managers may amend the budget of the district.
5-19 (j) [(h)] If the commissioner appoints a board of managers
5-20 to govern a campus, the powers of the board of trustees of the
5-21 district in relation to the campus are suspended for the period of
5-22 the appointment and the commissioner shall appoint a campus
5-23 principal. Notwithstanding any other provision of this code, the
5-24 board of managers may submit to the commissioner for approval
5-25 amendments to the budget of the district for the benefit of the
5-26 campus. If the commissioner approves the amendments, the board of
5-27 trustees of the district shall adopt the amendments.
6-1 SECTION 2. Section 39.131, Education Code, as amended by
6-2 this Act, applies beginning with the 2001-2002 school year.
6-3 SECTION 3. This Act takes effect immediately if it receives
6-4 a vote of two-thirds of all the members elected to each house, as
6-5 provided by Section 39, Article III, Texas Constitution. If this
6-6 Act does not receive the vote necessary for immediate effect, this
6-7 Act takes effect September 1, 2001.