SRC-AMY S.B. 618 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 618
78R5113 SLO-DBy: Shapleigh
Education
3/5/2003
As Filed


DIGEST AND PURPOSE 

Currently, the Texas Public School Accountability System uses scores on
the Texas Assessment of Academic Skills and dropout rates to rank schools
as exemplary, recognized, acceptable, or low performing; attendance rates
were included as a factor until 2002.  Between 1994 and 2002, the number
of low performing schools more than tripled, increasing from 54 to 149
campuses, including charter schools and alternative education programs.
In 2001-2002, nearly 70,000 students attended public schools rated as low
performing.  Reconstituting schools that rank as low performing for two
years or more is one of the five corrective actions required by the No
Child Left Behind Act and is supported by the American Association of
School Administrators.   

As proposed, S.B. 618 requires the commissioner of education to
reconstitute any campus rated as low performing for two consecutive years,
removing closure of the school program as one of the possible penalties.
S.B. 618 provides that a special campus intervention team would decide
which educators to retain; those not retained would be assigned to another
position in the district.  These changes will take effect during the
2005-2006 school year.  S.B. 618 also requires the Texas Education Agency
to report campus performance by July 15 each year and includes as a
prerequisite to receive a public education grant or authorization to
change schools within the district that the student is assigned to a
public school campus that has been considered at any time to be low
performing. The bill also provides for a board of managers, appointed by
the commissioner of education, to take over the powers of the board of
trustees of the district for a period of time.  These changes take effect
during the 2003-2004 school year. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 7.056(f), Education Code, to make a conforming
change in accordance with SECTION 5, in which Section 39.132 (Sanctions
for Campuses) is created out of existing text. 

SECTION 2.  Amends Section 12.013(b), Education Code, to make a conforming
change  in accordance with SECTION 5, in which Section 39.132 (Sanctions
for Campuses) is created out of existing text. 

SECTION 3.  Amends Section 29.202(a), Education Code, to include in the
prerequisite for a student to be eligible to receive a public education
grant or change schools within the student's district, that the student is
assigned to a public school campus that was at any time considered, rather
than identified as, low-performing under Section 39.132, rather than
Subchapter D, Chapter 29. 

SECTION 4.  Amends Section 39.072(c), Education Code, to include the
deadline of not later than July 15 of each year, for the Texas Education
Agency to report each district campus's  and openenrollment charter
school's performance. 

SECTION 5.  Amends Chapter 39G, Education Code, by amending Section 39.131
and adding Sections 39.132-39.138, as follows: 

Sec. 39.131.  New heading: SANCTIONS FOR DISTRICTS.  Redesignates
Subdivision (a1) as Subsection (b). 

Sec. 39.132.  SANCTIONS FOR CAMPUSES. Creates this section from existing
text. (a) Redesignated from Subsection (b).  Creates Subdivisions (2)(A)
and (2)(B) from existing text. Deletes redundant wording.  Deletes wording
referring to school closures.  Makes nonsubstantive changes. 

(b) Requires the commissioner of education (commissioner) to reconstitute
a campus that has been low-performing for two years or more.  Requires a
special intervention team to decide which educators will be retained.
Provides that an educator who is not retained will be assigned to another
position within the district. 

Sec. 39.133.  ANNUAL REVIEW.  Creates this section from existing text.
Deletes references to the section, replacing it with reference to
subchapter. 

Sec. 39.134.  COSTS PAID BY DISTRICTS.  Creates this section from existing
text. 

Sec. 39.135.  MASTER OR MANAGEMENT TEAM.  Creates this section from
existing text.  Creates Subsections (a) - (c) from existing text.
Specifies that provisions for an implementation of action are made under
Section 39.131(a)(9), not Subsection (a)(9). 

Sec. 39.136.  BOARD OF MANAGERS.  Creates this section out of existing
text.  (a) Makes conforming changes. 

(b) Provides that the powers of the board of trustees of the district are
suspended for the period of time a commissioner-appointed board of
managers governs a district. Requires the commissioner to  appoint a
district superintendent.  Authorizes the board of managers to amend the
district budget, notwithstanding any other provision of this code. 

(c) Provides that the powers of the board of trustees of the district in
relation to the campus are suspended for the period of time a
commissioner-appointed board of managers governs a district.  Requires the
commissioner to appoint a principal. Authorizes the board of managers to
submit proposed amendments to the district budget that benefit the campus
to the commissioner, notwithstanding any other provision of this code.
Requires the  board of trustees of the district to adopt any
commissioner-approved amendments. 

(d) Creates this subsection from existing text.

(e) Creates this subsection from existing text.  Specifies that an
appointed board of managers' jurisdiction is a district. 

Section 39.137.  SPECIAL CAMPUS INTERVENTION TEAM.  Creates this section
from existing text.  Makes a conforming change. 

Sec. 39.138.  IMMUNITY FROM CIVIL LIABILITY.  Creates this section from
existing text.  Makes conforming changes. 

 SECTION 6.  Amends Section 302.006(c), Labor Code, to make a conforming
change. 

SECTION 7.  (a) Provides that except as provided by Subsection (b), this
Act applies beginning with the 2003-2004 school year. 

(b) Provides that Section 39.132(b) of this Act applies beginning with the
2005-2006 school year. 

SECTION 8.  Effective date: upon passage or September 1, 2003.