S.B. No. 1108




AN ACT
relating to academic achievement in public schools. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 12, Education Code, is amended by adding Section 12.0521 to read as follows: Sec. 12.0521. ALTERNATIVE AUTHORIZATION. (a) Notwithstanding Section 12.052, in accordance with this subchapter and in the manner provided by this section, the board of trustees of a school district or the governing body of a home-rule school district may grant a charter for: (1) a new district campus; or (2) a program that is operated: (A) by an entity that has entered into a contract with the district under Section 11.157 to provide educational services to the district through the campus or program; and (B) at a facility located in the boundaries of the district. (b) A student's parent or guardian may choose to enroll the student at a campus or in a program under this section. A school district may not assign a student to a campus or program under this section unless the student's parent or guardian has voluntarily enrolled the student at the campus or in the program. A student's parent or guardian may, at any time, remove the student from a campus or program under this section and enroll the student at the campus to which the student would ordinarily be assigned. (c) A school district may not assign to a campus or program under this section a teacher who has signed a written statement that the teacher does not agree to that assignment. SECTION 2. Sections 12.057, 12.058, and 12.062, Education Code, are amended to read as follows: Sec. 12.057. STATUS. (a) With respect to the operation of a campus or program granted a charter under this subchapter, the [A] governing body of the campus or program provided for under the charter is considered a governmental body for purposes of Chapters 551 and 552, Government Code. (b) An employee of a campus or program granted a charter under Section 12.052, 12.0521(a)(1), or 12.053 [this subchapter] who qualifies for membership in the Teacher Retirement System of Texas shall be covered under the system in the same manner and to the same extent as a qualified employee employed on a regularly operating campus or in a regularly operating program is covered. (c) A [The] campus or program granted a charter under Section 12.052, 12.0521(a)(1), or 12.053 is immune from liability to the same extent as a school district, and its employees and volunteers are immune from liability to the same extent as school district employees and volunteers. Sec. 12.058. CHARTER POLICY. [(a)] Each school district shall adopt a campus charter and [campus] program charter policy. The policy must specify: (1) the process to be followed for approval of a campus charter or a [campus] program charter; (2) the statutory requirements with which a campus charter or [campus] program charter must comply; and (3) the items that must be included in a charter application. [(b) Each school district shall adopt a campus charter and campus program charter policy as required by this section not later than January 1, 1998.] Sec. 12.062. REVISION. (a) A charter granted under Section 12.052 or 12.053 [this subchapter] may be revised: (1) with the approval of the board of trustees that granted the charter; and (2) on a petition signed by a majority of the parents and a majority of the classroom teachers at the campus or in the program, as applicable. (b) A charter granted under Section 12.0521 may be revised with the approval of the board of trustees that granted the charter. A charter may be revised under this subsection only before the first day of instruction of a school year or after the final day of instruction of a school year. SECTION 3. Subsection (b), Section 12.104, Education Code, is amended to read as follows: (b) An open-enrollment charter school is subject to: (1) a provision of this title establishing a criminal offense; and (2) 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) criminal history records under Subchapter C, Chapter 22; (C) reading instruments and accelerated reading instruction programs under Section 28.006; (D) satisfactory performance on assessment instruments and to accelerated instruction under Section 28.0211; (E) intensive programs of instruction under Section 28.0213; (F) high school graduation under Section 28.025; (G) [(F)] special education programs under Subchapter A, Chapter 29; (H) [(G)] bilingual education under Subchapter B, Chapter 29; (I) [(H)] prekindergarten programs under Subchapter E, Chapter 29; (J) [(I)] extracurricular activities under Section 33.081; (K) [(J)] discipline management practices or behavior management techniques under Section 37.0021; (L) [(K)] health and safety under Chapter 38; and (M) [(L)] public school accountability under Subchapters B, C, D, and G, Chapter 39. SECTION 4. Section 12.111, Education Code, is amended to read as follows: Sec. 12.111. CONTENT. (a) Each charter granted under this subchapter must: (1) describe the educational program to be offered, which must include the required curriculum as provided by Section 28.002; (2) specify the period for which the charter or any charter renewal is valid; (3) provide that continuation or renewal of the charter is contingent on acceptable student performance on assessment instruments adopted under Subchapter B, Chapter 39, and on compliance with any accountability provision specified by the charter, by a deadline or at intervals specified by the charter; (4) establish the level of student performance that is considered acceptable for purposes of Subdivision (3); (5) specify any basis, in addition to a basis specified by this subchapter, on which the charter may be placed on probation or revoked or on which renewal of the charter may be denied; (6) prohibit discrimination in admission policy on the basis of sex, national origin, ethnicity, religion, disability, academic, artistic, or athletic ability, or the district the child would otherwise attend in accordance with this code, although the charter may provide for the exclusion of a student who has a documented history of a criminal offense, a juvenile court adjudication, or discipline problems under Subchapter A, Chapter 37; (7) specify the grade levels to be offered; (8) describe the governing structure of the program, including: (A) the officer positions designated; (B) the manner in which officers are selected and removed from office; (C) the manner in which members of the governing body of the school are selected and removed from office; (D) the manner in which vacancies on that governing body are filled; (E) the term for which members of that governing body serve; and (F) whether the terms are to be staggered; (9) specify the powers or duties of the governing body of the school that the governing body may delegate to an officer; (10) specify the manner in which the school will distribute to parents information related to the qualifications of each professional employee of the program, including any professional or educational degree held by each employee, a statement of any certification under Subchapter B, Chapter 21, held by each employee, and any relevant experience of each employee; (11) describe the process by which the person providing the program will adopt an annual budget; (12) describe the manner in which an annual audit of the financial and programmatic operations of the program is to be conducted, including the manner in which the person providing the program will provide information necessary for the school district in which the program is located to participate, as required by this code or by State Board of Education rule, in the Public Education Information Management System (PEIMS); (13) describe the facilities to be used; (14) describe the geographical area served by the program; and (15) specify any type of enrollment criteria to be used. (b) A charter holder of an open-enrollment charter school shall consider including in the school's charter a requirement that the school develop and administer personal graduation plans under Section 28.0212. SECTION 5. 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 6. Subchapter J, Chapter 21, Education Code, is amended by adding Section 21.456 to read as follows: Sec. 21.456. TRAINING FOR TEACHERS OF STUDENTS OF LIMITED ENGLISH PROFICIENCY. The commissioner shall develop and make available training materials and other teacher training resources to assist teachers in developing the expertise required to enable students of limited English proficiency to meet state performance expectations. SECTION 7. 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 principal shall designate a guidance counselor, teacher, or other appropriate individual to develop and administer a personal graduation plan for each student enrolled in a junior high, 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 nine, 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, on-line instruction, and other interventions that are proven to accelerate the learning process and have been scientifically validated to improve learning and cognitive ability. (c) Notwithstanding Subsection (b), a student's individualized education program developed under Section 29.005 may be used as the student's personal graduation plan under this section. Sec. 28.0213. INTENSIVE PROGRAM OF INSTRUCTION. (a) A school district shall offer an intensive program of instruction to a student who does not perform satisfactorily on an assessment instrument administered under Subchapter B, Chapter 39. (b) A school district shall design the intensive program of instruction described by Subsection (a) to: (1) enable the student to: (A) to the extent practicable, 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 school district and reported by the district to the agency; and (2) if applicable, carry out the purposes of Section 28.0211. (c) A school district shall use funds appropriated by the legislature for an intensive program of instruction to plan and implement intensive instruction and other activities aimed at helping a student satisfy state and local high school graduation requirements. The commissioner shall distribute funds to districts that implement a program under this section based on the number of students identified by the district who: (1) do not perform satisfactorily on an assessment instrument administered under Subchapter B, Chapter 39; or (2) are not likely to receive a high school diploma before the fifth school year following the student's enrollment in grade nine, as determined by the district. (d) A school district's determination of the appropriateness of a program for a student under this section is final and does not create a cause of action. (e) For a student in a special education program under Subchapter A, Chapter 29, who does not perform satisfactorily on an assessment instrument administered under Section 39.023(a), (b), or (c), 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 8. Subsection (a), Section 29.082, Education Code, is amended to read as follows: (a) A school district may set aside an amount from the district's allotment under Section 42.152 or may apply to the agency for funding of an extended year program for a period not to exceed 30 instructional days for students in: (1) kindergarten through grade 11 [8] who are identified as likely not to be promoted to the next grade level for the succeeding school year; or (2) grade 12 who are identified as likely not to graduate from high school before the beginning of the succeeding school year. SECTION 9. Section 29.903, Education Code, as added by Chapter 944, Acts of the 77th Legislature, Regular Session, 2001, is renumbered as Section 29.909, Education Code, and amended to read as follows: Sec. 29.909 [29.903]. ELECTRONIC COURSES. (a) In this section, "electronic course" means an educational program or course: (1) that includes use of [available to students primarily through] the Internet or other electronic media; and (2) in which a student and a teacher are in different locations for a majority of the student's instructional period [enrolled in the course is not physically present in the classroom for all or part of the course]. (b) The commissioner shall implement a program under which a school district may offer [an] electronic courses [course] to students enrolled in the district or to students enrolled in another district, as provided by an agreement between the districts. A district may not require a student to enroll in an electronic course. The district may offer the electronic courses through a designated campus or through a full-time program serving students throughout the district. (c) The commissioner shall select school districts to participate in the program based on applications submitted by the districts. The commissioner may not require a district to participate in the program. The commissioner may determine the number of districts permitted to participate in the program, provided that the commissioner shall to the extent possible permit the participation of rural and urban districts with a higher than average: (1) number of at-risk students, as determined by the commissioner; (2) dropout rate; or (3) population of underserved gifted and talented students, as determined by the commissioner. (d) A school district seeking to participate in the program must submit a written application to the commissioner not later than July 1 preceding the school year the district proposes to begin participation [participate] in the program, or an earlier date set by the commissioner. The application must include: (1) a proposed budget for the program; (2) a method to be used to verify student attendance; (3) [an accountability plan; [(4) a description of each electronic course to be offered by the district; [(5) a description of the students expected to be enrolled in each electronic course; [(6)] any requested waiver of a requirement, restriction, or prohibition imposed by this code or by a rule of the State Board of Education or the commissioner,[;] and [(7)] the period for which any requested waiver [under Subdivision (6)] is proposed to be in effect; and (4) the information required under Subsection (f). (e) The commissioner may collect from each district that submits an application under Subsection (d) a reasonable fee sufficient to pay the costs of administering this section. (f) Not later than a date determined by the commissioner, each school district participating in the program shall create and maintain on the district's Internet website an "informed choice" report in a format determined by the commissioner. The agency shall maintain on its Internet website a link to each district report under this subsection. Each report must include a description of: (1) each course of instruction offered to students in the program, including the number of lessons, the expected duration of each lesson, and a description of each lesson that requires use of a computer; (2) all materials required for each course offered in the program; (3) the process used to ensure that each course meets the essential knowledge and skills requirements under Subchapter A, Chapter 28, including any consultation with a district curriculum specialist; (4) the process used to place students in the appropriate academic levels of the program, including: (A) sample placement evaluations; (B) information related to each person responsible for placement of a student; (C) the circumstances in which a student may be placed in different academic levels for different course subjects during a school year; and (D) the circumstances in which a student may complete more than one course level during a school year; (5) any technology provided by the program to each student enrolled in the program, including any computer, computer software, or Internet access; (6) the method used to report attendance in the program; (7) the method used to authenticate student course work and attendance; (8) the location and content of each scheduled meeting between parents or guardians of students enrolled in the program and teachers or other school officials, and the method used to notify parents and guardians of the time and location of each meeting; (9) the program policies relating to: (A) computer security and privacy; and (B) truancy, absences, discipline, withdrawal, and expulsion of students; (10) any extracurricular activities provided by the program, including activities held on a campus in the school district; (11) the teaching model used by the program, including: (A) each teacher's responsibilities; (B) minimum teacher qualifications; (C) minimum hours of training provided to teachers; (D) average and maximum student/teacher ratios; (E) hours of teacher availability; and (F) for each grade level, minimum and expected amounts of contact between teachers and parents and between teachers and students; (12) any academic services that the program expects a student's parent or guardian to provide to the student; (13) each standardized assessment instrument, in addition to any assessment instrument required under Chapter 39, that the student is required to complete during the school year and, if available, the location for administration of the instrument; (14) a summary of the results of each assessment instrument administered to students in the program during the school year preceding the year the report is submitted; and (15) the school year calendar for the program, including any options for continued participation outside of the standard school district calendar. (g) A school district is entitled to receive federal, state, and local funding for a student enrolled in an electronic course in an amount equal to the funding the district is otherwise entitled to receive for a student enrolled in the district. A school district may calculate the average daily attendance of a student enrolled in an electronic course based on: (1) hours of contact with the student; (2) the student's successful completion of a course; or (3) a method approved by the commissioner. (h) The commissioner may waive any requirement, restriction, or prohibition imposed by this code [relating to the computation of daily attendance] to the extent necessary to implement a program under this section. (i) [(f)] The commissioner may cooperate with the comptroller, the Department of Information Resources, or any other state agency or commission in adopting technical standards for auditing or verifying student attendance in an electronic course. (j) [(g)] Not later than December 1, 2006 [2002], the commissioner shall submit a report to the lieutenant governor and the speaker of the house of representatives. The report must include: (1) [proposed] methods proposed by school districts for funding electronic courses, including an evaluation of the fiscal costs or benefits of each method; (2) available methods of verifying student attendance in an electronic course, including biometric attendance methods; (3) any security or privacy issues involved in providing an electronic course; (4) the educational benefits of an electronic course; (5) a list of any waiver requests submitted to the commissioner by school districts under Subsection (d)(3) [(d)(6)]; and (6) a list of any provisions waived by the commissioner in the implementation of a program under this section. (k) [(h)] This subsection and Subsection (j) expire January [section expires September] 1, 2007 [2003]. SECTION 10. Subchapter Z, Chapter 29, Education Code, is amended by adding Section 29.910 to read as follows: Sec. 29.910. 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 seek private funding to make available and maintain on the Internet each diagnostic and assistance program developed under Subsection (a)(1). SECTION 11. Subsection (a), Section 39.023, Education Code, is amended to read as follows: (a) The agency shall adopt or develop appropriate criterion-referenced assessment instruments designed to assess essential knowledge and skills in reading, writing, mathematics, social studies, and science. All students, except students assessed under Subsection (b) or (l) or exempted under Section 39.027, shall be assessed in: (1) mathematics, annually in grades three through seven without the aid of technology and in grades eight through 11 with the aid of technology on any assessment instruments that include algebra; (2) reading, annually in grades three through nine; (3) writing, including spelling and grammar, in grades four and seven; (4) English language arts, in grade 10; (5) social studies, in grades eight and 10; and (6) science, in grades five, eight, and 10. SECTION 12. Section 39.024, Education Code, is amended by amending Subsection (c) and adding Subsections (d) and (e) to read as follows: (c) The agency shall develop study guides for the assessment instruments administered under Sections 39.023(a) and (c). To assist parents in providing assistance during the period that school is recessed for summer, each school district shall distribute the study guides to parents of students who do not perform satisfactorily on one or more parts of an assessment instrument administered under this subchapter. (d) The agency shall develop and make available teacher training materials and other teacher training resources to assist teachers in enabling students of limited English proficiency to meet state performance expectations. The teacher training resources shall be designed to support intensive, individualized, and accelerated instructional programs developed by school districts for students of limited English proficiency. (e) The commissioner shall retain a portion of the total amount of funds allotted under Section 42.152(a) that the commissioner considers appropriate to finance activities under Subsections (c) and may retain a portion for activities under Subsection (d) and for intensive programs of instruction for students of limited English proficiency offered by school districts [the development and distribution of the study guides] and shall reduce each district's allotment proportionately. SECTION 13. Subsection (b), Section 39.131, 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 14. Subsection (b), Section 39.024, Education Code, is repealed. SECTION 15. Subsection (e), Section 29.909, Education Code, as added by this Act, applies only to a district that applies for participation in the electronic course program under Section 29.909, Education Code, as renumbered by this Act, on or after the effective date of this Act. SECTION 16. The commissioner of education shall adopt rules for the implementation of Subdivision (6), Subsection (a), Section 39.023, Education Code, as amended by this Act. The commissioner's rules must provide that: (1) not later than the 2006-2007 school year, the State Board of Education shall administer a science assessment instrument to students in the eighth grade as provided by Subdivision (6), Subsection (a), Section 39.023, Education Code, as amended by this Act; and (2) not later than the 2008-2009 school year, the Texas Education Agency, in evaluating the performance of school districts, campuses, and open-enrollment charter schools under Subchapter D, Chapter 39, Education Code, shall include the results of student performance on the eighth grade science assessment instrument required by Subdivision (6), Subsection (a), Section 39.023, Education Code, as amended by this Act. SECTION 17. 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 Subdivision (1), Subsection (a), Section 29.910, Education Code, as added by this Act. SECTION 18. 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.
______________________________ ______________________________ President of the Senate Speaker of the House
I hereby certify that S.B. No. 1108 passed the Senate on April 7, 2003, by the following vote: Yeas 31, Nays 0; May 30, 2003, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 31, 2003, House granted request of the Senate; June 1, 2003, Senate adopted Conference Committee Report by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1108 passed the House, with amendments, on May 28, 2003, by the following vote: Yeas 137, Nays 0, one present not voting; May 31, 2003, House granted request of the Senate for appointment of Conference Committee; June 1, 2003, House adopted Conference Committee Report by the following vote: Yeas 146, Nays 0, two present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor