78R5113 SLO-D
By: Dutton H.B. No. 1200
A BILL TO BE ENTITLED
AN ACT
relating to the consequences of a public school's being considered
low-performing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.056(f), Education Code, is amended to
read as follows:
(f) A school district or campus that is required to develop
and implement a student achievement improvement plan under Section
39.131 or 39.132 may receive an exemption or waiver under this
section from any law or rule other than:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) a requirement imposed by federal law or rule;
(3) a requirement, restriction, or prohibition
imposed by state law or rule relating to:
(A) public school accountability as provided by
Subchapters B, C, D, and G, Chapter 39; or
(B) educator rights and benefits under
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
A, Chapter 22; or
(4) textbook selection under Chapter 31.
SECTION 2. Section 12.013(b), Education Code, is amended to
read as follows:
(b) A home-rule school district is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) a provision of this title relating to limitations
on liability; and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) educator certification under Chapter 21 and
educator rights under Sections 21.407, 21.408, and 22.001;
(C) criminal history records under Subchapter C,
Chapter 22;
(D) student admissions under Section 25.001;
(E) school attendance under Sections 25.085,
25.086, and 25.087;
(F) inter-district or inter-county transfers of
students under Subchapter B, Chapter 25;
(G) elementary class size limits under Section
25.112, in the case of any campus in the district that is considered
low-performing under Section 39.132 [39.131(b)];
(H) high school graduation under Section 28.025;
(I) special education programs under Subchapter
A, Chapter 29;
(J) bilingual education under Subchapter B,
Chapter 29;
(K) prekindergarten programs under Subchapter E,
Chapter 29;
(L) safety provisions relating to the
transportation of students under Sections 34.002, 34.003, 34.004,
and 34.008;
(M) computation and distribution of state aid
under Chapters 31, 42, and 43;
(N) extracurricular activities under Section
33.081;
(O) health and safety under Chapter 38;
(P) public school accountability under
Subchapters B, C, D, and G, Chapter 39;
(Q) equalized wealth under Chapter 41;
(R) a bond or other obligation or tax rate under
Chapters 42, 43, and 45; and
(S) purchasing under Chapter 44.
SECTION 3. Section 29.202(a), Education Code, is amended to
read as follows:
(a) A student is eligible to receive a public education
grant or to attend another public school in the district in which
the student resides under this subchapter if the student is
assigned to attend a public school campus:
(1) at which 50 percent or more of the students did not
perform satisfactorily on an assessment instrument administered
under Section 39.023(a) or (c) in any two of the preceding three
years; or
(2) that was, at any time in the preceding three years,
considered [identified as] low-performing [by the commissioner]
under Section 39.132 [Subchapter D, Chapter 39].
SECTION 4. Section 39.072(c), Education Code, is amended to
read as follows:
(c) The agency shall evaluate against state standards and
shall, not later than July 15 of each year, report the performance
of each campus in a district and each open-enrollment charter
school on the basis of the campus's performance on the indicators
adopted under Sections 39.051(b)(1) through (7).
SECTION 5. Subchapter G, Chapter 39, Education Code, is
amended by amending Section 39.131 and adding Sections
39.132-39.138 to read as follows:
Sec. 39.131. SANCTIONS FOR DISTRICTS. (a) If a district
does not satisfy the accreditation criteria, the commissioner shall
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
of the district 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;
(3) order the preparation of a student achievement
improvement plan that addresses each academic excellence indicator
for which the district's performance is unacceptable, the
submission of the plan to the commissioner for approval, and
implementation of the plan;
(4) order a hearing to be held before the commissioner
or the commissioner's designee at which the president of the board
of trustees of the district and the superintendent shall appear and
explain the district's low performance, lack of improvement, and
plans for improvement;
(5) arrange an on-site investigation of the district;
(6) appoint an agency monitor to participate in and
report to the agency on the activities of the board of trustees or
the superintendent;
(7) appoint a master to oversee the operations of the
district;
(8) appoint a management team to direct the operations
of the district in areas of unacceptable performance or require the
district to obtain certain services under a contract with another
person;
(9) if a district has been rated as academically
unacceptable for a period of one year or more, appoint a board of
managers to exercise the powers and duties of the board of trustees;
or
(10) if a district has been rated as academically
unacceptable for a period of two years or more:
(A) annex the district to one or more adjoining
districts under Section 13.054; or
(B) in the case of a home-rule school district or
open-enrollment charter school, order closure of all programs
operated under the district's or school's charter.
(b) [(a-1)] This subsection applies regardless of whether a
district has satisfied the accreditation criteria. If for a period
of one year or more a district has had a master or management team
assigned, the commissioner may appoint a board of managers, a
majority of whom must be residents of the district, to exercise the
powers and duties of the board of trustees.
Sec. 39.132. SANCTIONS FOR CAMPUSES. (a) [(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:
(A) 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
(B) [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 the [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[; or
[(9) if a campus has been a low-performing campus for a
period of two years or more, order closure of the school program on
the campus].
(b) If a campus has been a low-performing campus for a
period of two years or more, the commissioner shall reconstitute
the campus. In reconstituting the campus, a special campus
intervention team shall be assembled for the purpose of deciding
which educators may be retained at that campus. An educator who is
not retained shall be assigned to another position in the district.
Sec. 39.133. ANNUAL REVIEW. [(c)] The commissioner shall
review annually the performance of a district or campus subject to
this subchapter [section] to determine the appropriate actions to
be implemented under this subchapter [section]. The commissioner
must review at least annually the performance of a district for
which the accreditation rating has been lowered due to unacceptable
student performance and may not raise the rating until the district
has demonstrated improved student performance. If the review
reveals a lack of improvement, the commissioner shall increase the
level of state intervention and sanction unless the commissioner
finds good cause for maintaining the current status.
Sec. 39.134. COSTS PAID BY DISTRICT. [(d)] The costs of
providing a monitor, master, management team, or special campus
intervention team shall be paid by the district. If the district
fails or refuses to pay the costs in a timely manner, the
commissioner may:
(1) pay the costs using amounts withheld from any
funds to which the district is otherwise entitled; or
(2) recover the amount of the costs in the manner
provided for recovery of an overallocation of state funds under
Section 42.258.
Sec. 39.135. MASTER OR MANAGEMENT TEAM. (a) [(e)] The
commissioner shall clearly define the powers and duties of a master
or management team appointed to oversee the operations of the
district.
(b) At least every 90 days, the commissioner shall review
the need for the master or management team and shall remove the
master or management team unless the commissioner determines that
continued appointment is necessary for effective governance of the
district or delivery of instructional services.
(c) A master or management team, if directed by the
commissioner, shall prepare a plan for the implementation of action
under Section 39.131(a)(9) [Subsection (a)(9)] or (10). The master
or management team:
(1) may direct an action to be taken by the principal
of a campus, the superintendent of the district, or the board of
trustees of the district;
(2) may approve or disapprove any action of the
principal of a campus, the superintendent of the district, or the
board of trustees of the district;
(3) may not take any action concerning a district
election, including ordering or canceling an election or altering
the date of or the polling places for an election;
(4) may not change the number of or method of selecting
the board of trustees;
(5) may not set a tax rate for the district; and
(6) may not adopt a budget for the district that
provides for spending a different amount, exclusive of required
debt service, from that previously adopted by the board of
trustees.
Sec. 39.136. BOARD OF MANAGERS. (a) [(f)] A board of
managers may exercise all of the powers and duties assigned to a
board of trustees of a school district by law, rule, or regulation.
This subchapter [section] applies to a district governed by a board
of managers in the same manner that this subchapter [section]
applies to any other district.
(b) If the commissioner appoints a board of managers to
govern a district, the powers of the board of trustees of the
district are suspended for the period of the appointment and the
commissioner shall appoint a district superintendent.
Notwithstanding any other provision of this code, the board of
managers may amend the budget of the district.
(c) If the commissioner appoints a board of managers to
govern a campus, the powers of the board of trustees of the district
in relation to the campus are suspended for the period of the
appointment and the commissioner shall appoint a campus principal.
Notwithstanding any other provision of this code, the board of
managers may submit to the commissioner for approval amendments to
the budget of the district for the benefit of the campus. If the
commissioner approves the amendments, the board of trustees of the
district shall adopt the amendments.
(d) A master or a member of a management team appointed to
serve on a board of managers may continue to be compensated as
determined by the commissioner.
(e) At the direction of the commissioner but not later than
the second anniversary of the date the board of managers of a
district was appointed, the board of managers shall order an
election of members of the district board of trustees. The election
must be held on a uniform election date on which an election of
district trustees may be held under Section 41.001, Election Code,
that is at least 180 days after the date the election was ordered.
On qualification of members for office, the board of trustees
assumes all of the powers and duties assigned to a board of trustees
by law, rule, or regulation.
Sec. 39.137. SPECIAL CAMPUS INTERVENTION TEAM. [(g)] A
special campus intervention team appointed under this subchapter
[section] may consist of teachers, principals, other educational
professionals, and superintendents recognized for excellence in
their roles and appointed by the commissioner to serve as members of
a team.
Sec. 39.138. IMMUNITY FROM CIVIL LIABILITY. [(h) If the
commissioner appoints a board of managers to govern a district, the
powers of the board of trustees of the district are suspended for
the period of the appointment and the commissioner shall appoint a
district superintendent. Notwithstanding any other provision of
this code, the board of managers may amend the budget of the
district.
[(i) If the commissioner appoints a board of managers to
govern a campus, the powers of the board of trustees of the district
in relation to the campus are suspended for the period of the
appointment and the commissioner shall appoint a campus principal.
Notwithstanding any other provision of this code, the board of
managers may submit to the commissioner for approval amendments to
the budget of the district for the benefit of the campus. If the
commissioner approves the amendments, the board of trustees of the
district shall adopt the amendments.
[(j)] An employee, volunteer, or contractor acting on
behalf of the commissioner under this subchapter is immune from
civil liability to the same extent as a professional employee of a
school district under Section 22.051.
SECTION 6. Section 302.006(c), Labor Code, is amended to
read as follows:
(c) To be eligible to receive a scholarship awarded under
this section, a person must:
(1) be employed in a child-care facility, as defined
by Section 42.002, Human Resources Code;
(2) intend to obtain a credential, certificate, or
degree specified in Subsection (b);
(3) agree to work for at least 18 additional months in
a child-care facility, as defined by Section 42.002, Human
Resources Code, that accepts federal Child Care Development Fund
subsidies and that, at the time the person begins to fulfill the
work requirement imposed by this subdivision, is located:
(A) within the attendance zone of a public school
campus considered low-performing under Section 39.132 [39.131(b)],
Education Code; or
(B) in an economically disadvantaged community,
as determined by the commission; and
(4) satisfy any other requirements adopted by the
commission.
SECTION 7. (a) Except as provided by Subsection (b) of
this section, this Act applies beginning with the 2003-2004 school
year.
(b) Section 39.132(b), Education Code, as added by this Act,
applies beginning with the 2005-2006 school year.
SECTION 8. 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.