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.