78R6787 BDH-D
By: Grusendorf H.B. No. 2220
A BILL TO BE ENTITLED
AN ACT
relating to academic achievement in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 21, Education Code, is
amended by adding Section 21.005 to read as follows:
Sec. 21.005. HIGH-QUALITY TEACHERS. The commissioner may
by rule establish a statewide standard to be used to certify each
school district that is preparing, training, and recruiting
high-quality teachers in a manner consistent with the No Child Left
Behind Act of 2001 (Pub. L. No. 107–110).
SECTION 2. Section 28.002, Education Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) If a high school student is at risk of dropping out of
school because of poor performance on an assessment instrument
administered under Section 39.023(a), (c), or (l), the State Board
of Education by rule may allow the student to substitute a
foundation curriculum course, in addition to any foundation
curriculum courses otherwise required for high school graduation,
for an elective enrichment curriculum course otherwise required for
high school graduation as necessary to improve the student's
performance on the assessment instrument. A student enrolled in a
foundation curriculum course under this subsection is entitled to
receive credit for purposes of high school graduation requirements
as if the student were enrolled in an enrichment curriculum course.
SECTION 3. Subchapter B, Chapter 28, Education Code, is
amended by adding Sections 28.0212 and 28.0213 to read as follows:
Sec. 28.0212. PERSONAL GRADUATION PLAN. (a) A school
district shall adopt and administer a personal graduation plan for
each student enrolled in a junior, middle, or high school who:
(1) does not perform satisfactorily on an assessment
instrument administered under Subchapter B, Chapter 39; or
(2) is not likely to receive a high school diploma
before the fifth school year following the student's enrollment in
grade level 9, as determined by the district.
(b) A personal graduation plan must:
(1) identify educational goals for the student;
(2) include diagnostic information, appropriate
monitoring and intervention, and other evaluation strategies;
(3) include an intensive instruction program
described by Section 28.0213;
(4) address participation of the student's parent or
guardian, including consideration of the parent's or guardian's
educational expectations for the student; and
(5) provide innovative methods to promote the
student's advancement, including flexible scheduling, alternative
learning environments, and on-line instruction.
Sec. 28.0213. INTENSIVE INSTRUCTION PROGRAM. (a) A school
district shall offer an intensive instruction program for each
student who does not perform satisfactorily on an assessment
instrument administered under Subchapter B, Chapter 39.
(b) For a student who does not perform satisfactorily on an
assessment instrument administered under Section 39.023(a), (c),
or (l), the school district shall design the program to:
(1) enable the student to:
(A) perform at the student's grade level at the
conclusion of the next regular school term; or
(B) attain a standard of annual growth specified
by the agency; and
(2) if applicable, carry out the purposes of Section
28.0211.
(c) For a student who does not perform satisfactorily on an
assessment instrument administered under Section 39.023(b), the
student's admission, review, and dismissal committee shall design
the program to:
(1) enable the student to attain a standard of annual
growth on the basis of the student's individualized education
program; and
(2) if applicable, carry out the purposes of Section
28.0211.
SECTION 4. Subchapter Z, Chapter 29, Education Code, is
amended by adding Section 29.908 to read as follows:
Sec. 29.908. PROGRAMS OF MUTUAL BENEFIT. (a) The
commissioner, in coordination with appropriate representatives of
institutions of higher education and school districts, shall
develop:
(1) a diagnostic and assistance program for each
subject assessed by an assessment instrument under Section
39.023(c); and
(2) other academic programs of mutual benefit to
school districts and institutions of higher education.
(b) The commissioner shall make available on the Internet
each diagnostic and assistance program developed under Subsection
(a)(1).
SECTION 5. Section 39.131(b), Education Code, is amended 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. The [and the] commissioner may permit the campus to
participate in an innovative redesign of the campus to improve
campus performance or may take any of the other 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;
(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.
SECTION 6. Section 42.152(e), Education Code, is amended to
read as follows:
(e) The commissioner may:
(1) retain a portion of the total amount allotted
under Subsection (a) that the commissioner considers appropriate to
finance intensive [accelerated] instruction programs under Section
28.0213 and study guides provided under Section 39.024(c) [Sections
39.024(b) and (c)]; and
(2) reduce each district's tier one allotments in the
same manner described for a reduction in allotments under Section
42.253.
SECTION 7. Section 39.024(b), Education Code, is repealed.
SECTION 8. This Act applies beginning with the 2003-2004
school year, except that the commissioner of education shall make
available not later than the beginning of the 2004-2005 school year
the programs developed under Section 29.908(a)(1), Education Code,
as added by this Act.
SECTION 9. 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.