78R1159 ESH-D

By:  Dutton                                                       H.B. No. 347



A BILL TO BE ENTITLED

AN ACT

relating to sanctions imposed on low-performing public schools.               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 39.131, Education Code, is amended by 
amending Subsection (b) and adding Subsections (b-1) and (b-2) to 
read as follows:
	(b)  If a campus performance is below any standard under 
Section 39.073(b), the campus is considered a low-performing campus 
and the commissioner may take any of the following actions, listed 
in order of severity, to the extent the commissioner determines 
necessary:
		(1)  issue public notice of the deficiency to the board 
of trustees;        
		(2)  order a hearing conducted by the board of trustees 
at the campus for the purpose of notifying the public of the 
unacceptable performance, the improvements in performance expected 
by the agency, and the sanctions that may be imposed under this 
section if the performance does not improve within a designated 
period of time and of soliciting public comment on the initial steps 
being taken to improve performance;
		(3)  order the preparation of a report regarding the 
parental involvement program at the campus and a plan describing 
strategies for improving parental involvement at the campus;
		(4)  order the preparation of a report regarding the 
effectiveness of the district- and campus-level planning and 
decision-making committees established under Subchapter F, Chapter 
11, and a plan describing strategies for improving the 
effectiveness of those committees;
		(5)  order the preparation of a student achievement 
improvement plan that addresses each academic excellence indicator 
for which the campus's performance is unacceptable, the submission 
of the plan to the commissioner for approval, and implementation of 
the plan;
		(6)  order a hearing to be held before the commissioner 
or the commissioner's designee at which the president of the board 
of trustees, the superintendent, and the campus principal shall 
appear and explain the campus's low performance, lack of 
improvement, and plans for improvement;
		(7)  appoint a special campus intervention team to:                           
			(A)  conduct a comprehensive on-site evaluation 
of each low-performing campus to determine the cause for the 
campus's low performance and lack of progress;
			(B)  recommend actions, including reallocation of 
resources and technical assistance, changes in school procedures or 
operations, staff development for instructional and administrative 
staff, intervention for individual administrators or teachers, 
waivers from state statute or rule, or other actions the team 
considers appropriate;
			(C)  assist in the development of a campus plan 
for student achievement; and
			(D)  assist the commissioner in monitoring the 
progress of the campus in implementing the campus plan for 
improvement of student achievement; or
		(8)  if a campus has been a low-performing campus for a 
period of one year or more, appoint a board of managers composed of 
residents of the district to exercise the powers and duties of the 
board of trustees of the district in relation to the campus.
	(b-1)  If [;  or                                       
		[(9)  if] a campus has been a low-performing campus for 
a period of two years [or more], the commissioner shall:
		(1)  order that the school program on the campus:                      
			(A)  employ only a teacher certified under 
Subchapter B, Chapter 21, to teach the subject and grade level to 
which the teacher is assigned; and
			(B)  employ a sufficient number of teachers to 
maintain a ratio of one teacher for each 10 students in average 
daily attendance; or
		(2)  order closure of the school program on the campus.                
	(b-2)  If a campus has been a low-performing campus for a 
period of two years after the commissioner orders employment of 
teachers as provided by Subsection (b-1)(1), the commissioner shall 
order closure of the school program on the campus.
	SECTION 2.  Section 39.131, Education Code, as amended by 
this Act, applies beginning with the 2003-2004 school year.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.