79S30523 BDH/PAM/SLO-D
By: Grusendorf H.B. No. 56
A BILL TO BE ENTITLED
AN ACT
relating to the compensation and benefits of public school
employees, the academic and fiscal accountability of public
schools, and the improvement of public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. STATE AND REGIONAL GOVERNANCE
SECTION 1.01. Chapter 1, Education Code, is amended by
adding Section 1.005 to read as follows:
Sec. 1.005. EDUCATION RESEARCH CENTERS; SHARING STUDENT
INFORMATION. (a) In this section, "center" means a center for
education research authorized by this section.
(b) The commissioner of education and the commissioner of
higher education may establish not more than three centers for
education research for conducting research described by
Subsections (e) and (f).
(c) A center may be established as part of:
(1) the Texas Education Agency;
(2) the Texas Higher Education Coordinating Board; or
(3) a public junior college, public senior college or
university, or public state college, as those terms are defined by
Section 61.003.
(d) A center may be operated under a memorandum of
understanding between the commissioner of education, the
commissioner of higher education, and the governing board of an
educational institution described by Subsection (c)(3). The
memorandum of understanding must require the commissioner of
education, or a person designated by the commissioner, and the
commissioner of higher education, or a person designated by the
commissioner, to provide direct, joint supervision of the center
under this section.
(e) A center shall conduct research for the benefit of
education in this state, including research relating to the impact
of state and federal education programs, the performance of
educator preparation programs, public school finance, and the best
practices of school districts with regard to classroom instruction,
bilingual education programs, special language programs, and
business practices.
(f) The commissioner of education and the commissioner of
higher education:
(1) under the memorandum of understanding described by
Subsection (d), may require a center to conduct certain research
projects considered of particular importance to the state, as
determined by the commissioners; and
(2) not later than the 45th day before the date a
research project required to be conducted under this subsection is
scheduled to begin, shall notify the governor, the Legislative
Budget Board, and the governing body of the educational institution
in which the center is established that the research project is
required.
(g) In conducting research under this section, a center:
(1) may use data on student performance, including
data that is confidential under the Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. Section 1232g), the center has
collected from the Texas Education Agency, the Texas Higher
Education Coordinating Board, the Educators' Professional
Practices Board, any public or private institution of higher
education, and any school district; and
(2) shall comply with rules adopted by the
commissioner of education and the commissioner of higher education
to protect the confidentiality of student information, including
rules establishing procedures to ensure that confidential student
information is not duplicated or removed from a center in an
unauthorized manner.
(h) The commissioner of education and the commissioner of
higher education may:
(1) accept gifts and grants to be used in operating one
or more centers; and
(2) by rule impose reasonable fees, as appropriate,
for the use of a center's research, resources, or facilities.
(i) This section does not authorize the disclosure of
student information that may not be disclosed under the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
1232g).
(j) The commissioner of education and the commissioner of
higher education shall adopt rules as necessary to implement this
section.
(k) In implementing this section, the commissioner of
education may use funds appropriated to the agency and available
for that purpose, including foundation school program funds.
SECTION 1.02. Subchapter A, Chapter 7, Education Code, is
amended by adding Sections 7.008 and 7.009 to read as follows:
Sec. 7.008. PUBLIC ACCESS TO PEIMS DATA. (a) The
commissioner with the assistance of an advisory panel described by
Subsection (b) shall develop a request for proposal for a qualified
third-party contractor to develop and implement procedures to make
available, through the agency Internet website, all financial and
academic performance data submitted through the Public Education
Information Management System (PEIMS) for school districts and
campuses.
(b) The commissioner shall appoint an advisory panel to
assist the commissioner in developing requirements for a system
that is easily accessible by the general public and contains
information of primary relevance to the public. The advisory panel
shall consist of:
(1) educators;
(2) interested stakeholders;
(3) business leaders; and
(4) other interested members of the public.
(c) The procedures developed under this section must
provide:
(1) a summarized format easily understood by the
public for reporting financial and academic performance
information on the agency Internet website; and
(2) the ability for those who access the Internet
website to view and download state, district, and campus level
information.
(d) This section does not authorize the disclosure of
student information that may not be disclosed under the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
1232g). The commissioner shall adopt rules to protect the
confidentiality of student information.
(e) The procedures to make available, through the agency
Internet website, all financial and academic performance
information for school districts and campuses as described by this
section shall be implemented not later than August 1, 2007. This
subsection expires August 1, 2009.
Sec. 7.009. ELECTRONIC STUDENT RECORDS SYSTEM. (a) In this
section, "institution of higher education" has the meaning assigned
by Section 61.003.
(b) Each school district, open-enrollment charter school,
and institution of higher education shall participate in an
electronic student records system that satisfies standards
approved by the commissioner of education and the commissioner of
higher education.
(c) The electronic student records system must permit an
authorized state or district official or an authorized
representative of an institution of higher education to
electronically transfer to and from an educational institution in
which the student is enrolled and retrieve student transcripts,
including information concerning a student's:
(1) course or grade completion;
(2) teachers of record;
(3) assessment instrument results;
(4) receipt of special education services, including
placement in a special education program and the individualized
education program developed; and
(5) personal graduation plan as described by Section
28.0212.
(d) The commissioner of education or the commissioner of
higher education may solicit and accept grant funds to maintain the
electronic student records system and to make the system available
to school districts, open-enrollment charter schools, and
institutions of higher education.
(e) A private or independent institution of higher
education, as defined by Section 61.003, may participate in the
electronic student records system under this section. If a private
or independent institution of higher education elects to
participate, the institution must provide the funding to
participate in the system.
(f) Any person involved in the transfer and retrieval of
student information under this section is subject to any state or
federal law governing the release of or providing access to any
confidential information to the same extent as the educational
institution from which the data is collected. A person may not
release or distribute the data to any other person in a form that
contains confidential information.
(g) The electronic student records system shall be
implemented not later than the beginning of the 2007-2008 school
year. This subsection expires September 1, 2008.
ARTICLE 2. ACCOUNTABILITY
SECTION 2.01. Subchapter A, Chapter 7, Education Code, is
amended by adding Section 7.010 to read as follows:
Sec. 7.010. BEST PRACTICES; CLEARINGHOUSE. (a) In
coordination with the Legislative Budget Board, the agency shall
establish an online clearinghouse of information relating to best
practices of campuses and school districts regarding instruction,
resource allocation, and business practices. To the extent
practicable, the agency shall ensure that information provided
through the online clearinghouse is specific, actionable
information relating to the best practices of high-performing and
highly efficient campuses and school districts rather than general
guidelines relating to campus and school district operation. The
information must be accessible by campuses, school districts, and
interested members of the public.
(b) The agency shall solicit and collect from the
Legislative Budget Board, centers for education research
established under Section 1.005, and exemplary or recognized school
districts and open-enrollment charter schools, as rated under
Section 39.072, examples of best practices relating to instruction,
resource allocation, and business practices, including best
practices relating to curriculum, scope and sequence, compensation
and incentive systems, bilingual education and special language
programs, compensatory education programs, and the effective use of
instructional technology, including online courses.
(c) The agency shall contract for the services of one or
more third-party contractors to develop, implement, and maintain a
system of collecting and evaluating the best practices of campuses
and school districts as provided by this section. In addition to
any other considerations required by law, the agency must consider
an applicant's demonstrated competence and qualifications in
analyzing campus and school district practices in awarding a
contract under this subsection.
(d) The commissioner may purchase from available funds
curriculum and other instructional tools identified under this
section to provide for use by school districts.
SECTION 2.02. Subchapter C, Chapter 7, Education Code, is
amended by adding Section 7.0571 to read as follows:
Sec. 7.0571. INFORMAL REVIEW BY COMMISSIONER. (a) The
commissioner shall adopt rules under which a school district,
open-enrollment charter school, or other person that wishes to
challenge an agency decision made under Chapter 39 must petition
the commissioner for an informal review by the commissioner of the
decision.
(b) The commissioner may limit a review under this section
to a written submission of any issue identified by the
commissioner.
(c) A final decision under this section is final and may not
be appealed under Section 7.057 or any other law.
SECTION 2.03. Section 28.006(j), Education Code, is amended
to read as follows:
(j) No more than 15 percent of the funds certified by the
commissioner under Subsection (i) may be spent on indirect costs.
The commissioner shall evaluate the programs that fail to meet the
standard of performance under Section 39.051(b)(8) [39.051(b)(7)]
and may implement sanctions under Subchapter G, Chapter 39. The
commissioner may audit the expenditures of funds appropriated for
purposes of this section. The use of the funds appropriated for
purposes of this section shall be verified as part of the district
audit under Section 44.008.
SECTION 2.04. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.034 to read as follows:
Sec. 39.034. MEASURE OF ANNUAL IMPROVEMENT IN STUDENT
ACHIEVEMENT. (a) The commissioner shall determine a method by
which the agency may measure annual improvement in student
achievement from one school year to the next on an assessment
instrument required under this subchapter.
(b) For students of limited English proficiency, as defined
by Section 29.052, the agency shall use a student's performance
data on reading proficiency assessment instruments in English to
calculate the student's progress toward proficiency in English.
(c) The agency shall use a student's previous years'
performance data on an assessment instrument required under this
subchapter to determine the student's expected annual improvement.
The agency shall report that expected level of annual improvement
and the actual level of annual improvement achieved to the
district. The report must state whether the student fell below,
met, or exceeded the agency's expectation for improvement.
(d) The agency shall determine the necessary annual
improvement required each year for a student to be prepared to pass
the exit-level assessment instrument required under this
subchapter for graduation. The agency shall report the necessary
annual improvement required to the district. Each year, the report
must state whether the student fell below, met, or exceeded the
necessary target for improvement.
(e) The agency shall report to each school district the
comparisons made under this section. Each school district shall
provide the comparisons to each teacher for all students who were:
(1) assessed on an assessment instrument; and
(2) taught by that teacher in the subject for which the
assessment instrument was administered.
(f) The school a student attends shall provide a record of
the comparisons made under this section and provided to the school
under Subsection (e) in a written notice to the student's parents.
(g) To the extent practicable, the agency shall combine the
report of the comparisons required under this section with the
report of the student's performance on assessment instruments
administered under Section 39.023.
(h) The commissioner shall implement this section not later
than May 1, 2007. This subsection expires January 1, 2008.
SECTION 2.05. Section 39.051(b), Education Code, as amended
by Chapters 433 and 805, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted and amended to read as follows:
(b) Performance on the indicators adopted under this
section shall be compared to state-established standards. The
degree of change from one school year to the next in performance on
each indicator adopted under this section shall also be considered.
The indicators must be based on information that is disaggregated
by race, ethnicity, gender, and socioeconomic status and must
include:
(1) the results of assessment instruments required
under Sections 39.023(a), (c), and (l), aggregated by grade level
and subject area;
(2) dropout rates, including dropout rates and
district completion rates for grade levels 9 through 12, computed
in accordance with standards and definitions adopted by the
National Center for Education Statistics of the United States
Department of Education;
(3) high school graduation rates, computed in
accordance with standards and definitions adopted in compliance
with the [federal] No Child Left Behind Act of 2001 (Pub. L. No.
107-110);
(4) student attendance rates;
(5) the percentage of graduating students who attain
scores on the secondary exit-level assessment instruments required
under Subchapter B that are equivalent to a passing score on the
assessment [test] instrument required under Section 51.3062
[51.306];
(6) the percentage of graduating students who meet the
course requirements established for the recommended high school
program by State Board of Education rule;
(7) the results of the Scholastic Assessment Test
(SAT), the American College Test (ACT), articulated postsecondary
degree programs described by Section 61.852, and certified
workforce training programs described by Chapter 311, Labor Code;
(8) the number and percentage of students, aggregated
by grade level, provided accelerated instruction under Section
28.0211(c), the results of assessments administered under that
section, the percentage of students promoted through the grade
placement committee process under Section 28.0211, the subject of
the assessment instrument on which each student failed to perform
satisfactorily, and the performance of those students in the school
year following that promotion on the assessment instruments
required under Section 39.023;
(9) for students who have failed to perform
satisfactorily on an assessment instrument required under Section
39.023(a) or (c), the numerical progress of those students grouped
by number and percentage on subsequent assessment instruments
required under those sections, aggregated by grade level and
subject area;
(10) the percentage of students exempted, by exemption
category, from the assessment program generally applicable under
this chapter; [and]
(11) the percentage of students of limited English
proficiency exempted from the administration of an assessment
instrument under Sections 39.027(a)(3) and (4);
(12) the percentage of students in a special education
program under Subchapter A, Chapter 29, assessed through assessment
instruments developed or adopted under Section 39.023(b);
(13) the measure of progress toward preparation for
postsecondary success; and
(14) the measure of progress toward English language
proficiency under Section 39.034(b), for students of limited
English proficiency, as defined by Section 29.052.
SECTION 2.06. Section 39.051(d), Education Code, is amended
to read as follows:
(d) Annually, the commissioner shall define exemplary,
recognized, and unacceptable performance for each academic
excellence indicator included under Subsections (b)(1) through (7)
[(6)] and shall project the standards for each of those levels of
performance for succeeding years. For the indicator under
Subsection (b)(8) [(b)(7)], the commissioner shall define
exemplary, recognized, and unacceptable performance based on
student performance for the period covering both the current and
preceding academic years. In defining exemplary, recognized, and
unacceptable performance for the indicators under Subsections
(b)(2) and (4) [(3)], the commissioner may not consider as a dropout
or as a student who has failed to attend school a student whose
failure to attend school results from:
(1) the student's expulsion under Section 37.007; and
(2) as applicable:
(A) adjudication as having engaged in delinquent
conduct or conduct indicating a need for supervision, as defined by
Section 51.03, Family Code; or
(B) conviction of and sentencing for an offense
under the Penal Code.
SECTION 2.07. Section 39.052(b), Education Code, is amended
to read as follows:
(b) The report card shall include the following
information:
(1) where applicable, the academic excellence
indicators adopted under Sections 39.051(b)(1) through (10) [(9)];
(2) average class size by grade level and subject;
(3) the administrative and instructional costs per
student, computed in a manner consistent with Section 44.0071; and
(4) the district's instructional expenditures ratio
and instructional employees ratio computed under Section 44.0071,
and the statewide average of those ratios, as determined by the
commissioner.
SECTION 2.08. Section 39.071, Education Code, is amended to
read as follows:
Sec. 39.071. ACCREDITATION. (a) Accreditation of a school
district is determined in accordance with this section
[subchapter]. The commissioner by rule shall define the following
accreditation statuses:
(1) accredited;
(2) accredited-warned; and
(3) accredited-probation.
(b) Each year, the commissioner shall determine the
accreditation status of each school district. In determining
accreditation status, the commissioner:
(1) shall evaluate and consider the performance of the
district under:
(A) the academic accountability system under
Section 39.072; and
(B) the financial accountability system under
Subchapter I; and
(2) may consider:
(A) the district's compliance with statutory
requirements and requirements imposed by rule of the commissioner
or State Board of Education under specific statutory authority that
relate to:
(i) reporting data through the Public
Education Information Management System (PEIMS) or other reports
required by state or federal law or court order;
(ii) the high school graduation
requirements under Section 28.025; or
(iii) an item listed under Sections
7.056(e)(3)(C)-(I) that applies to the district;
(B) the effectiveness of the district's programs
for special populations; and
(C) the effectiveness of the district's career
and technology program.
(c) Based on a school district's performance under
Subsection (b), the commissioner shall:
(1) assign a district an accreditation status; or
(2) revoke the accreditation of the district and order
closure of the district under this subchapter.
(d) The commissioner shall notify a school district that
receives an accreditation status of accredited-warned or
accredited-probation that the performance of the district is below
a standard required under this section. The commissioner shall
require the district to notify the parents of students enrolled in
the district and property owners in the district of the district's
accreditation status and the implications of that accreditation
status.
(e) A school district that is not accredited may not
receive funds from the agency or hold itself out as operating a
public school of this state.
(f) This chapter may not be construed to invalidate a
diploma awarded, course credit earned, or grade promotion granted
by a school district before the commissioner revoked the district's
accreditation.
SECTION 2.09. Sections 39.072(b) and (c), Education Code,
are amended to read as follows:
(b) The academic excellence indicators adopted under
Sections 39.051(b)(1) through (8) [(7)] and the district's current
special education compliance status with the agency shall be the
main considerations of the agency in the rating of the district
under this section. Additional criteria in the rules may include
consideration of:
(1) compliance with statutory requirements and
requirements imposed by rule of the State Board of Education under
specific statutory authority that relate to:
(A) reporting data through the Public Education
Information Management System (PEIMS);
(B) the high school graduation requirements
under Section 28.025; or
(C) an item listed in Sections
7.056(e)(3)(C)-(I) that applies to the district;
(2) the effectiveness of the district's programs for
special populations; and
(3) the effectiveness of the district's career and
technology programs.
(c) The agency shall evaluate against state standards and
shall, not later than August 1 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 (8) [(7)].
Consideration of the effectiveness of district programs under
Subsection (b)(2) or (3) must be based on data collected through the
Public Education Information Management System for purposes of
accountability under this chapter and include the results of
assessments required under Section 39.023.
SECTION 2.10. Sections 39.073(a) and (b), Education Code,
are amended to read as follows:
(a) The agency shall annually review the performance of each
district and campus on the indicators adopted under Sections
39.051(b)(1) through (8) [(7)] and determine if a change in the
accreditation status of the district is warranted. The
commissioner may determine how all indicators adopted under Section
39.051(b) may be used to determine accountability ratings and to
select districts and campuses for acknowledgment.
(b) Each annual review shall include an analysis of the
indicators under Sections 39.051(b)(1) through (8) [(6)] to
determine district and campus performance in relation to:
(1) standards established for each indicator;
(2) required improvement as defined under Section
39.051(c); and
(3) comparable improvement as defined by Section
39.051(c).
SECTION 2.11. Section 39.074(e), Education Code, is amended
to read as follows:
(e) If an annual review indicates low performance on one or
more of the indicators under Sections 39.051(b)(1) through (8)
[(7)] of one or more campuses in a district, the agency may conduct
an on-site evaluation of those campuses only.
SECTION 2.12. Section 39.131, Education Code, is amended to
read as follows:
Sec. 39.131. SANCTIONS FOR DISTRICTS. (a) If a school
district does not satisfy the accreditation criteria under Section
39.071, the academic performance standards under Section 39.072, or
any financial accountability standard as determined by
commissioner rule, 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 conservator 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 a current accreditation status
of accredited-warned or accredited-probation, is [been] rated [as]
academically unacceptable, or fails to satisfy financial
accountability standards as determined by commissioner rule [for a
period of one year or more], appoint a board of managers to exercise
the powers and duties of the board of trustees;
(10) if for two consecutive school years, including
the current school year, a district has received an accreditation
status of accredited-warned or accredited-probation, has been
rated academically unacceptable, or has failed to satisfy financial
accountability standards as determined by commissioner rule,
revoke the district's accreditation and [been rated as academically
unacceptable for a period of two years or more]:
(A) order closure of the district and 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; or
(11) if a district has been rated [as] academically
unacceptable for [a period of] two consecutive school years,
including the current school year, [or more] due to the district's
dropout rates, impose sanctions designed to improve high school
completion rates, including:
(A) ordering the development of a dropout
prevention plan for approval by the commissioner;
(B) restructuring the district or appropriate
school campuses to improve identification of and service to
students who are at risk of dropping out of school, as defined by
Section 29.081;
(C) ordering lower student-to-counselor ratios
on school campuses with high dropout rates; and
(D) ordering the use of any other intervention
strategy effective in reducing dropout rates, including mentor
programs and flexible class scheduling.
(b) This subsection applies regardless of whether a
district has satisfied the accreditation criteria. If for two
consecutive school years, including the current school year, [a
period of one year or more] a district has had a conservator 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.
SECTION 2.13. Section 39.132, Education Code, is amended to
read as follows:
Sec. 39.132. SANCTIONS FOR ACADEMICALLY UNACCEPTABLE AND
CERTAIN OTHER CAMPUSES. [(a)] If a campus performance is below any
standard under Section 39.073(b), the campus is considered an
academically unacceptable [a low-performing] campus. The
commissioner may permit the campus to participate in an innovative
redesign of the campus to improve campus performance or shall [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:
(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) 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;
(4) [(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;
(5) appoint a technical assistance team under Section
39.1321; or
(6) appoint a campus intervention team under Section
39.1321.
[(7) appoint a special campus intervention team to:
[(A) conduct a comprehensive on-site evaluation
of the 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) If a campus has been a low-performing campus for a
period of two consecutive years or more, the commissioner shall
order the closure of the district or charter program on the campus
or 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. If an
educator is not retained, the educator may be assigned to another
position in the district.]
SECTION 2.14. Subchapter G, Chapter 39, Education Code, is
amended by adding Sections 39.1321, 39.1322, 39.1323, 39.1325, and
39.1326 to read as follows:
Sec. 39.1321. TECHNICAL ASSISTANCE AND CAMPUS INTERVENTION
TEAMS. (a) If a campus is rated academically acceptable for the
current school year but would be rated as academically unacceptable
if performance standards to be used for the following school year
were applied to the current school year, the commissioner shall
select and assign a technical assistance team to assist the campus
in executing a school improvement plan and any other school
improvement strategies the commissioner determines appropriate.
The commissioner may waive the requirement to assign a technical
assistance team under this subsection if the improvement in
performance standards among all student groups, including special
populations, over the preceding three years indicates that the
campus is likely to be rated academically acceptable in the
following school year.
(b) If a campus has been identified as academically
unacceptable under Section 39.132, the commissioner shall appoint a
campus intervention team.
(c) To the extent practicable, the commissioner shall
select and assign the technical assistance team under Subsection
(a) or the campus intervention team under Subsection (b) before the
first day of instruction for the school year.
(d) The commissioner may determine when the services of a
technical assistance team or campus intervention team are no longer
needed at a campus under this section.
Sec. 39.1322. CAMPUS INTERVENTION TEAM PROCEDURES. (a) A
campus intervention team shall:
(1) conduct a comprehensive on-site evaluation of the
campus to determine the cause for the campus's low performance and
lack of progress;
(2) 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;
(3) assist in the development of a school improvement
plan for student achievement; and
(4) assist the commissioner in monitoring the progress
of the campus in implementing the school improvement plan for
improvement of student achievement.
(b) A campus intervention team assigned under Section
39.1321 to a campus shall conduct a comprehensive on-site
evaluation of the campus to determine the cause for the campus's low
performance and lack of progress. The team shall have wide latitude
to determine what factors to assess and how to conduct the
assessment.
(c) On completing the evaluation under this section, the
campus intervention team shall recommend actions, including:
(1) reallocation of resources;
(2) distribution of additional funds to the campus
from funds set aside by the agency for purposes of assisting
campuses in meeting standards specified in the intervention plan;
(3) technical assistance;
(4) changes in school procedures or operations;
(5) staff development for instructional and
administrative staff;
(6) intervention for individual administrators or
teachers;
(7) waivers from state statutes or rules; or
(8) other actions the campus intervention team
considers appropriate.
(d) In executing a school improvement plan developed under
Subsection (a)(3), the campus intervention team shall:
(1) assist the campus in implementing research-based
practices for curriculum development and classroom instruction,
including bilingual education and special education programs, if
appropriate, and financial management;
(2) provide research-based technical assistance,
including data analysis, academic deficiency identification,
intervention implementation, and budget analysis, to strengthen
and improve the instructional programs at the campus; and
(3) submit the school improvement plan to the
commissioner for approval.
(e) A campus intervention team appointed under Section
39.1321(b):
(1) shall continue to work with a campus until:
(A) the campus is rated academically acceptable
for a two-year period; or
(B) the campus is rated academically acceptable
for a one-year period and the commissioner determines that the
campus is operating and will continue to operate in a manner that
improves student achievement; and
(2) may continually update the school improvement
plan, with approval from the commissioner, to meet the needs of the
campus.
(f) Notwithstanding any other provision of this subchapter,
if the commissioner determines that a campus for which an
intervention is ordered under Section 39.1321(b) is not fully
implementing the campus intervention team's recommendations or
school improvement plan, the commissioner may order the
reconstitution of the campus, pursue alternative management of the
campus as provided by Section 39.1326, or order closure of the
campus.
Sec. 39.1323. MANDATORY SANCTIONS. (a) If a campus has
been identified as academically unacceptable for two consecutive
school years, including the current school year, the commissioner
shall order the reconstitution of the campus and assign a campus
intervention team. In reconstituting the campus, a campus
intervention team shall assist the campus in:
(1) developing a school improvement plan;
(2) obtaining approval of the plan from the
commissioner; and
(3) executing the plan on approval by the
commissioner.
(b) The campus intervention team shall decide which
educators may be retained at that campus. A principal who has been
employed by the campus in that capacity during the full two-year
period described by Subsection (a) may not be retained at that
campus. A teacher of a subject assessed by an assessment instrument
under Section 39.023 may be retained only if the campus
intervention team determines that a pattern exists of significant
academic improvement by students taught by the teacher. If an
educator is not retained, the educator may be assigned to another
position in the district.
(c) A campus subject to Subsection (a) shall implement the
school improvement plan as approved by the commissioner. The
commissioner may appoint a monitor, conservator, management team,
or a board of managers to the district to ensure and oversee the
implementation of the school improvement plan.
(d) Notwithstanding any other provision of this subchapter,
if the commissioner determines that a campus subject to Subsection
(a) is not fully implementing the school improvement plan, the
commissioner may pursue alternative management of the campus as
under Section 39.1326 or may order closure of the campus.
(e) If a campus is considered an academically unacceptable
campus for more than two consecutive school years, the commissioner
may order reconstitution or closure of the campus or pursue
alternative management under Section 39.1326.
(f) If a campus is considered an academically unacceptable
campus for the subsequent school year after the campus is
reconstituted under this section, the commissioner shall review the
progress of the campus and may pursue alternative management under
Section 39.1326.
(g) If a campus is considered academically unacceptable for
two consecutive school years after the campus is reconstituted
under this section, the commissioner shall order closure of the
campus or pursue alternative management under Section 39.1326.
Sec. 39.1325. TRANSITIONAL SANCTIONS PROVISIONS. For the
2006-2007 school year, the commissioner shall assign a campus
intervention team or a technical assistance team to a campus under
Section 39.1321 on the basis of academic performance ratings for
the 2005-2006 school year. The commissioner may impose a sanction
on a campus under Section 39.1322(f) or 39.1323(a) or (e) on the
basis of academic performance ratings for the 2005-2006 school year
and the 2006-2007 school year. A sanction ordered by the
commissioner before July 1, 2006, shall remain in effect for the
2006-2007 school year. The commissioner may allow a principal
subject to Section 39.1323(b) to remain at a campus for the
2006-2007 school year. This section expires September 1, 2008.
Sec. 39.1326. MANAGEMENT OF CERTAIN ACADEMICALLY
UNACCEPTABLE CAMPUSES. (a) A campus may be subject to this section
if the campus has been identified as academically unacceptable
under Section 39.132 and the commissioner orders alternative
management under Section 39.1323(e) or (f).
(b) The commissioner shall solicit proposals from qualified
nonprofit entities to assume management of a campus subject to this
section.
(c) If the commissioner determines that the basis for
identifying a campus as academically unacceptable is limited to a
specific condition that may be remedied with targeted technical
assistance, the commissioner may:
(1) provide the campus a one-year waiver under this
section; and
(2) require the district to contract for the
appropriate technical assistance.
(d) The commissioner may annually solicit proposals under
this section for the management of a campus subject to this section.
The commissioner shall notify a qualified nonprofit entity that has
been approved as a provider under this section. The district must
execute a contract with an approved provider and relinquish control
of the campus before January 1 of the school year.
(e) To qualify for consideration as a managing entity under
this section, the entity must submit a proposal that provides
information relating to the entity's management and leadership team
that will participate in management of the campus under
consideration, including information relating to individuals that
have:
(1) documented success in whole school interventions
that increased the educational and performance levels of students
in academically unacceptable campuses;
(2) a proven record of effectiveness with programs
assisting low-performing students;
(3) a proven ability to apply research-based school
intervention strategies;
(4) a proven record of financial ability to perform
under the management contract; and
(5) any other experience or qualifications the
commissioner determines necessary.
(f) In selecting a managing entity under this section, the
commissioner shall give preference to a nonprofit entity that:
(1) meets any qualifications under this section; and
(2) has documented success in educating students from
similar demographic groups and with similar educational needs as
the students who attend the campus that is to be operated by a
managing entity under this section.
(g) The school district may negotiate the term of a
management contract for not more than five years with an option to
renew the contract. The management contract must include a
provision describing the district's responsibilities in supporting
the operation of the campus. The commissioner shall approve the
contract before the contract is executed and, as appropriate, may
require the district, as a term of the contract, to support the
campus in the same manner as the district was required to support
the campus before the execution of the management contract.
(h) A management contract under this section shall include
provisions approved by the commissioner that require the managing
entity to demonstrate improvement in campus performance, including
negotiated performance measures. The performance measures must be
consistent with the priorities of this chapter. The commissioner
shall evaluate a managing entity's performance on the first and
second anniversaries of the date of the management contract. If the
evaluation fails to demonstrate improvement as negotiated under the
contract by the first anniversary of the date of the management
contract, the district may terminate the management contract, with
the commissioner's consent, for nonperformance or breach of
contract and select another provider from an approved list provided
by the commissioner. If the evaluation fails to demonstrate
significant improvement, as determined by the commissioner, by the
second anniversary of the date of the management contract, the
district shall terminate the management contract and select another
provider from an approved list provided by the commissioner or
resume operation of the campus if approved by the commissioner. If
the commissioner approves the district's operation of the campus,
the commissioner shall assign a technical assistance team to assist
the campus.
(i) Notwithstanding any other provision of this code, the
funding for a campus operated by a managing entity must be not less
than the funding of the other campuses in the district on a per
student basis so that the managing entity receives at least the same
funding the campus would otherwise have received.
(j) Each campus operated by a managing entity under this
section is subject to this chapter in the same manner as any other
campus in the district.
(k) The commissioner may adopt rules necessary to implement
this section.
(l) With respect to the management of a campus under this
section:
(1) a managing entity is considered to be a
governmental body for purposes of Chapters 551 and 552, Government
Code; and
(2) any requirement in Chapter 551 or 552, Government
Code, that applies to a school district or the board of trustees of
a school district applies to a managing entity.
SECTION 2.15. Subchapter G, Chapter 39, Education Code, is
amended by adding Sections 39.1331 and 39.1332 to read as follows:
Sec. 39.1331. ACQUISITION OF PROFESSIONAL SERVICES. In
addition to other sanctions authorized under Sections 39.131 and
39.132, the commissioner may order a school district or campus to
acquire professional services at the expense of the district or
campus to address the applicable financial, assessment, data
quality, program, or governance deficiency. The commissioner's
order may require the district or campus to:
(1) select an external auditor, data quality expert,
professional authorized to monitor district assessment instrument
administration, or curriculum or program expert; or
(2) provide for the appropriate training of district
staff or board of trustees members in the case of a district, or
campus staff, in the case of a campus.
Sec. 39.1332. FINALITY OF DECISION BY COMMISSIONER. (a) A
school district or open-enrollment charter school that wishes to
challenge a decision to impose a sanction under this subchapter,
including a decision to close a district, school, or campus, must
petition for an informal review as provided by Section 7.0571.
(b) A final decision by the commissioner to impose a
sanction under this subchapter, including a decision to close a
school district or a campus, following a review under Section
7.0571 is final and may not be appealed.
(c) A school district may not collaterally contest an
academic performance rating or other accreditation standard as part
of the review of a sanction under this subchapter if a review
opportunity has already been provided for the academic performance
rating.
SECTION 2.16. Section 39.134, Education Code, is amended to
read as follows:
Sec. 39.134. COSTS PAID BY DISTRICT. The costs of providing
a monitor, conservator, management team, [or special] campus
intervention team, technical assistance team, managing entity
under Section 39.1326, or service provider under Section 39.1331
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.
SECTION 2.17. (a) Not later than the 2007-2008 school year,
the Texas Education Agency shall collect information concerning:
(1) the measure of progress toward preparation for
postsecondary success for purposes of Section 39.051(b)(13),
Education Code, as added by this Act; and
(2) the measure of progress toward English language
proficiency for purposes of Section 39.051(b)(14), Education Code,
as added by this Act.
(b) Not later than the 2008-2009 school year, the Texas
Education Agency shall include, in evaluating the performance of
school districts, campuses, and open-enrollment charter schools
under Subchapter D, Chapter 39, Education Code:
(1) the measure of progress toward preparation for
postsecondary success under Section 39.051(b)(13), Education Code,
as added by this Act; and
(2) the measure of progress toward English language
proficiency under Section 39.051(b)(14), Education Code, as added
by this Act.
ARTICLE 3. SCHOOL DISTRICT EFFICIENCY
SECTION 3.01. Subchapter A, Chapter 11, Education Code, is
amended by adding Section 11.003 to read as follows:
Sec. 11.003. ADMINISTRATIVE EFFICIENCY. (a) Not later
than December 1, 2006, the commissioner shall evaluate the
feasibility of including a uniform indicator under Section
39.202(b) that measures effective administrative management
through the use of cooperative shared services arrangements. If
the commissioner determines that the adoption of a uniform
indicator described by this subsection is feasible, the
commissioner by rule shall include the indicator in the financial
accountability rating system under Subchapter I, Chapter 39, for
school districts beginning with the 2007-2008 school year. This
subsection expires September 1, 2009.
(b) Each regional education service center shall:
(1) notify each school district served by the center
regarding the opportunities available through the center for
cooperative shared services arrangements within the center's
service area; and
(2) evaluate the need for cooperative shared services
arrangements within the center's service area and consider
expanding center-sponsored cooperative shared services
arrangements.
(c) Each regional education service center shall assist a
school district board of trustees in entering into an agreement
with another district or political subdivision, a regional
education service center, or an institution of higher education as
defined by Section 61.003, for a cooperative shared services
arrangement regarding administrative services, including
transportation, food service, purchasing, and payroll functions.
(d) The commissioner may require a district or an
open-enrollment charter school to enter into an agreement for a
cooperative shared services arrangement if the commissioner
determines that the financial management performance of the
district or school is unsatisfactory.
SECTION 3.02. Subchapter A, Chapter 44, Education Code, is
amended by adding Section 44.0041 to read as follows:
Sec. 44.0041. PUBLICATION OF SUMMARY OF PROPOSED BUDGET.
(a) Concurrently with the publication of notice of the budget under
Section 44.004, a school district shall post a summary of the
proposed budget:
(1) on the school district's Internet website; or
(2) if the district has no Internet website, in the
district's central administrative office.
(b) The budget summary must include:
(1) information relating to per student and aggregate
spending on:
(A) instruction;
(B) instructional support;
(C) central administration;
(D) district operations;
(E) debt service; and
(F) any other category designated by the
commissioner; and
(2) a comparison to the previous year's actual
spending.
SECTION 3.03. Subchapter A, Chapter 44, Education Code, is
amended by adding Section 44.0061 to read as follows:
Sec. 44.0061. REVIEW OF ACCOUNTING SYSTEM. (a) The
commissioner shall contract with a qualified third-party
contractor to conduct a comprehensive review of the accounting
systems used by school districts under Section 44.007.
(b) The third-party contractor conducting the review under
this section shall:
(1) provide any recommendations relating to the
accounting systems to:
(A) improve the transparency of district
spending behavior;
(B) provide more thorough information relating
to campus spending; and
(C) facilitate program evaluations, including
evaluations of compensatory education programs; and
(2) evaluate the accounting systems to determine
whether any reporting requirements should be adjusted based on
district size.
(c) Before January 1, 2007, the commissioner shall submit a
report to the legislature describing the results of the review
conducted under this section.
(d) This section expires January 2, 2007.
SECTION 3.04. Section 44.007(b), Education Code, is amended
to read as follows:
(b) The accounting system must meet at least the minimum
requirements prescribed by the commissioner [State Board of
Education], subject to review and comment by the state auditor.
SECTION 3.05. The Texas Education Agency shall study the
level of use of shared services arrangements by school districts in
this state. Before January 1, 2007, the agency shall submit a
report to the legislature describing the current status of shared
services arrangements and identify any legal impediments
restricting school districts from participating in those
arrangements.
ARTICLE 4. EDUCATION EMPLOYEES
SECTION 4.01. Subchapter E, Chapter 11, Education Code, is
amended by adding Section 11.203 to read as follows:
Sec. 11.203. SCHOOL LEADERSHIP PILOT PROGRAM FOR
PRINCIPALS. (a) The agency shall develop and implement a school
leadership pilot program for principals in cooperation with a
nonprofit corporation that has substantial experience in
developing best practices to improve leadership skills, student
achievement, student graduation rates, and teacher retention.
(b) The agency shall consult business schools, departments,
or programs at institutions of higher education to develop program
course work that focuses on management and business training.
(c) A principal or a person interested in becoming a
principal may apply for participation in the program, in a form and
manner determined by the commissioner.
(d) A principal of a campus rated academically
unacceptable, as well as any person employed to replace that
principal, shall participate in the program and complete the
program requirements not later than a date determined by the
commissioner.
(e) To pay the costs of administering the program, the
commissioner shall retain a portion of the total amount of funds
allotted under the Foundation School Program that the commissioner
considers appropriate to finance activities under this section and
shall reduce the total amount of state funds allocated to each
district from any source in the same manner described for a
reduction in allotments under Section 42.253.
(e-1) For the state fiscal biennium beginning September 1,
2005, the amount set aside under Subsection (e) may not exceed $3.6
million. This subsection expires August 31, 2007.
(f) To implement and administer the program, the
commissioner may accept grants, gifts, and donations from public
and private entities.
(g) The commissioner may adopt rules necessary to
administer this section.
(h) During the first semester of the 2008-2009 school year,
the agency shall evaluate the effectiveness of the program in
developing and enhancing the ability of principals participating in
the program to provide school leadership and improve student
achievement and graduation rates and teacher retention. Not later
than January 1, 2009, the agency shall submit a report explaining
the results of the study to the governor, lieutenant governor,
speaker of the house of representatives, and the presiding officers
of the standing committees of each house of the legislature with
primary jurisdiction over public education.
(i) This section expires September 1, 2010.
SECTION 4.02. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.133 to read as follows:
Sec. 12.133. WAGE INCREASE FOR CERTAIN PROFESSIONAL STAFF.
(a) This section applies to a charter holder that on January 1,
2006, operated an open-enrollment charter school.
(b) For the 2006-2007 school year, using state funds
received by the charter holder for that purpose under Subsection
(d), a charter holder that participated in the program under
Chapter 1579, Insurance Code, for the 2005-2006 school year shall
provide employees of the charter holder, other than administrators,
compensation in the form of annual salaries, incentives, or other
compensation determined appropriate by the charter holder that
results in average compensation increases as follows:
(1) for classroom teachers, full-time librarians,
full-time counselors, and full-time school nurses who are employed
by the charter holder and who would be entitled to a minimum salary
under Section 21.402 if employed by a school district, an average
increase at least equal to $2,500;
(2) for full-time employees other than employees
described by Subdivision (1), an average increase at least equal to
$500; and
(3) for part-time employees, an average increase at
least equal to $250.
(c) For the 2006-2007 school year, using state funds
received by the charter holder for that purpose under Subsection
(e), a charter holder that did not participate in the program under
Chapter 1579, Insurance Code, for the 2005-2006 school year shall
provide employees of the charter holder, other than administrators,
compensation in the form of annual salaries, incentives, or other
compensation determined appropriate by the charter holder that
results in an average compensation increase for classroom teachers,
full-time librarians, full-time counselors, and full-time school
nurses who are employed by the charter holder and who would be
entitled to a minimum salary under Section 21.402 if employed by a
school district, in an amount at least equal to $2,000.
(d) For the 2006-2007 school year, in addition to any
amounts to which a charter holder is entitled under this chapter, a
charter holder that participated in the program under Chapter 1579,
Insurance Code, for the 2005-2006 school year is entitled to state
aid in an amount, as determined by the commissioner, equal to the
sum of:
(1) the product of $2,500 multiplied by the number of
classroom teachers, full-time librarians, full-time counselors,
and full-time school nurses employed by the charter holder at an
open-enrollment charter school;
(2) the product of $500 multiplied by the number of
full-time employees other than employees described by Subdivision
(1); and
(3) the product of $250 multiplied by the number of
part-time employees.
(e) For the 2006-2007 school year, in addition to any
amounts to which a charter holder is entitled under this chapter, a
charter holder that did not participate in the program under
Chapter 1579, Insurance Code, for the 2005-2006 school year is
entitled to state aid in an amount, as determined by the
commissioner, equal to the product of $2,000 multiplied by the
number of classroom teachers, full-time librarians, full-time
counselors, and full-time school nurses employed by the charter
holder at an open-enrollment charter school.
(f) A payment under this section is in addition to wages the
charter holder would otherwise pay the employee during the school
year.
(g) This section expires September 1, 2007.
SECTION 4.03. Section 21.402, Education Code, is amended by
amending Subsections (a), (c), and (d) and adding Subsections (c-1)
and (c-2) to read as follows:
(a) Except as provided by Subsection (d), (e), or (f), a
school district must pay each classroom teacher, full-time
librarian, full-time counselor certified under Subchapter B, or
full-time school nurse not less than the minimum monthly salary,
based on the employee's level of experience or other factors, as
determined by commissioner rule, determined by the following
formula:
MS = SF x FS
where:
"MS" is the minimum monthly salary;
"SF" is the applicable salary factor specified by Subsection
(c); and
"FS" is the amount, as determined by the commissioner under
Subsection (b), of state and local funds per weighted student
available to a district eligible to receive state assistance under
Section 42.302 with an enrichment tax rate, as defined by Section
42.302, equal to the maximum rate authorized under Section 42.303,
except that the amount of state and local funds per weighted student
does not include the amount attributable to the increase in the
guaranteed level made by Chapter 1187 [H.B. No. 3343], Acts of the
77th Legislature, Regular Session, 2001.
(c) The salary factors per step are as follows:
YearsExperience 0 1 2 3 4
2000-2001] school
year is, as long as the employee is employed by the same district,
entitled to a salary that is at least equal to the salary the
employee received for the 2006-2007 [2000-2001] school year.
SECTION 4.04. Subchapter I, Chapter 21, Education Code, is
amended by adding Section 21.415 to read as follows:
Sec. 21.415. EMPLOYMENT CONTRACTS. (a) A school district
shall provide in employment contracts that qualifying employees may
receive an incentive payment under an awards program established
under Subchapter N or O if the district participates in the program.
(b) The district shall indicate that any incentive payment
distributed is considered a payment for performance and not an
entitlement as part of an employee's salary.
SECTION 4.05. Subchapter J, Chapter 21, Education Code, is
amended by adding Section 21.458 to read as follows:
Sec. 21.458. MENTORS. (a) Each school district may assign
a mentor teacher to each classroom teacher who has less than two
years of teaching experience. A teacher assigned as a mentor must:
(1) teach in the same school;
(2) to the extent practicable, teach the same subject
or grade level, as applicable; and
(3) meet the qualifications prescribed by
commissioner rules adopted under Subsection (b).
(b) The commissioner shall adopt rules necessary to
administer this section, including rules concerning the duties and
qualifications of a teacher who serves as a mentor. The rules
concerning qualifications must require that to serve as a mentor a
teacher must:
(1) complete a research-based mentor and induction
training program approved by the commissioner;
(2) complete a mentor training program provided by the
district; and
(3) have at least three complete years of teaching
experience with a superior record of assisting students, as a
whole, in achieving improvement in student performance.
(c) From the funds appropriated to the agency for purposes
of this section, the commissioner shall adopt rules and provide
funding to school districts that assign mentor teachers under this
section. Funding provided to districts under this section may be
used only for providing:
(1) mentor teacher stipends;
(2) scheduled time for mentor teachers to provide
mentoring to assigned classroom teachers; and
(3) mentoring support through providers of mentor
training.
(d) In adopting rules under Subsection (c), the
commissioner shall rely on research-based mentoring programs that,
through external evaluation, have demonstrated success.
SECTION 4.06. Chapter 21, Education Code, is amended by
adding Subchapters N and O to read as follows:
SUBCHAPTER N. AWARDS FOR STUDENT ACHIEVEMENT PROGRAM
Sec. 21.651. DEFINITION. In this subchapter, "program"
means the awards for student achievement program.
Sec. 21.652. ESTABLISHMENT OF PROGRAM. (a) The
commissioner by rule shall establish an awards for student
achievement program under which an eligible campus may receive a
grant from the agency in the manner provided by this subchapter.
(b) In establishing the program, the commissioner shall
adopt program guidelines in accordance with this subchapter for a
campus to follow in developing a campus incentive plan under
Section 21.654.
Sec. 21.653. CAMPUS ELIGIBILITY. (a) Except as provided by
Subsection (b), a campus is eligible to apply for and may receive a
program grant if the campus:
(1) is ranked by the agency in the top half of this
state's elementary school campuses, middle or junior high school
campuses, high school campuses, or campuses for students of all
grade levels, as applicable, in the percentage of educationally
disadvantaged students enrolled at the campus; and
(2) is rated exemplary or recognized under Section
39.072 or ranked in the top quartile of campuses in comparable
improvement, as defined by Section 39.051(c), in mathematics or
reading.
(b) This subsection applies only to a registered
alternative education campus that has a student enrollment of at
least 30 students and is rated under alternative education
accountability procedures. A campus to which this subsection
applies is eligible to apply for and may receive a program grant if
the campus is ranked by the agency in the top third of elementary
school campuses, middle or junior high school campuses, high school
campuses, or campuses for students of all grade levels, as
applicable, in the percentage of educationally disadvantaged
students enrolled at the campus who perform successfully, as
determined under Section 39.024, on assessment instruments
administered under Section 39.023.
Sec. 21.654. CAMPUS INCENTIVE PLAN. (a) A campus-level
decision-making body, such as the campus-level planning and
decision-making committee established under Subchapter F, Chapter
11, for each eligible campus that intends to participate in the
program shall develop a campus incentive plan for the campus that:
(1) is designed to reward teachers who have a positive
impact on improving student achievement;
(2) meets all program guidelines adopted by the
commissioner under Section 21.652; and
(3) describes how grant funds will be distributed.
(b) A district-level committee, such as the district-level
planning and decision-making committee established under
Subchapter F, Chapter 11:
(1) must approve the campus incentive plan developed
under Subsection (a) before the plan is submitted to the agency; and
(2) shall approve the plan if the district-level
committee determines that the plan meets program guidelines adopted
by the commissioner under Section 21.652.
(c) A school district shall, on behalf of an eligible
campus, submit a campus incentive plan to the agency for approval.
The plan must be submitted together with:
(1) evidence of significant classroom teacher
involvement in the development of the plan presented through the
campus-level decision-making body's meeting attendance records or
minutes or other appropriate means;
(2) letters from at least three classroom teachers
assigned to the eligible campus describing the teachers' support
for and involvement in developing the plan; and
(3) evidence that the plan:
(A) has been made available for public viewing;
and
(B) has been presented to the public at a
regularly scheduled board of trustees meeting or will be presented
at a regularly scheduled board meeting on a date specified, as
applicable.
(d) The agency may approve only a campus incentive plan that
meets program guidelines adopted by the commissioner under Section
21.652 and satisfies this section. The agency may negotiate with a
school district to ensure that activities proposed in the campus
incentive plan the district submits meet program guidelines.
Sec. 21.655. AMOUNT OF PROGRAM GRANT AWARD. (a) Each
eligible campus whose campus incentive plan is approved by the
agency under Section 21.654 is entitled to a grant award in an
amount determined by the commissioner.
(b) Grants from funds appropriated for the program shall be
awarded beginning with the 2006-2007 school year and may not exceed
$100 million in the 2006-2007 school year except as expressly
authorized by the General Appropriations Act or other law. This
subsection expires September 1, 2007.
Sec. 21.656. INCENTIVE PAYMENTS TO CLASSROOM TEACHERS. (a)
An eligible campus must use 75 percent of a grant award received
under Section 21.655 to provide incentive payments to classroom
teachers assigned to the campus. To the extent practicable, the
campus shall pay a classroom teacher an incentive payment in an
amount of not less than $3,000 or more than $10,000.
(b) In distributing incentive payments to classroom
teachers under this section, an eligible campus:
(1) may distribute an incentive payment only to a
classroom teacher who:
(A) demonstrates success in improving student
achievement using objective, quantifiable measures, such as local
benchmarking systems, portfolio assessments, end-of-course
assessments, and value-added assessments; and
(B) successfully collaborates with other faculty
and with staff in a manner that contributes to improving overall
student achievement at the campus; and
(2) may consider a classroom teacher's:
(A) assignment to teach a subject that:
(i) has been designated by the commissioner
as a subject historically experiencing a critical shortage of
teachers or a high teacher turnover rate; or
(ii) is a subject for which the district in
which the campus is located has a shortage of teachers; or
(B) demonstration of ongoing initiative,
commitment, professionalism, and involvement in an activity that
directly results in improved student achievement, including
working with students outside of assigned class hours, creating a
program that involves parents, and personalizing the learning
environment for each student.
Sec. 21.657. DISTRIBUTION OF OTHER PROGRAM FUNDS. (a) An
eligible campus must use 25 percent of a grant award received under
Section 21.655 to provide for:
(1) incentive payments to campus employees other than
classroom teachers, such as principals, assistant principals,
teachers who are not eligible for an incentive payment under
Section 21.656, counselors, speech therapists, instructional
coaches, teacher's aides, nurses, librarians, members of the
custodial staff, or other campus employees who have contributed to
improved student achievement;
(2) professional development for classroom teachers
who:
(A) do not receive an incentive payment under
Section 21.656; and
(B) would benefit from professional development
to develop or enhance skills and behaviors described under Section
21.656(b);
(3) reimbursement or funding for a professional
development activity that directly contributes to improved
classroom instruction and student achievement;
(4) signing bonuses for classroom teachers new to the
campus who are teaching subjects that have been designated by the
commissioner as historically experiencing a critical shortage of
teachers;
(5) a teacher mentoring program that meets the
requirements of Section 21.458;
(6) an activity that supports new teacher induction
programs, including:
(A) common planning time and collaboration;
(B) a professional development activity; and
(C) standards-based evaluations;
(7) an activity that supports common planning time and
curriculum development;
(8) a program that has been proven to recruit and
retain highly effective teachers;
(9) an activity that creates or furthers the goals of
an incentive system designed to improve student achievement;
(10) stipends for teachers who participate in an
after-school or Saturday program that directly contributes to
improved classroom instruction and student achievement;
(11) additional funding for feeder campuses that,
because they are not assigned performance ratings under Chapter 39,
do not qualify to participate in the program, such as campuses that
serve kindergarten through grade two, to implement an activity
described by this section; and
(12) any other program that directly contributes to
improved student achievement.
(b) A campus may not use any of a grant award received under
Section 21.655 to provide for an incentive payment to an employee
whose primary responsibility, as determined in accordance with
commissioner rule, is supervision of an athletic activity.
Sec. 21.658. RULES. The commissioner shall adopt rules
necessary to administer this subchapter.
SUBCHAPTER O. EDUCATOR EXCELLENCE AWARDS PROGRAM
Sec. 21.701. DEFINITION. In this subchapter, "program"
means the educator excellence awards program.
Sec. 21.702. EDUCATOR EXCELLENCE AWARDS PROGRAM. (a) The
commissioner by rule shall establish an educator excellence awards
program under which school districts, in accordance with local
awards plans approved by the commissioner, receive program grants
from the agency for the purpose of providing awards to district
employees in the manner provided by Section 21.705.
(b) In establishing the program, the commissioner shall
adopt program guidelines in accordance with this subchapter for a
school district to follow in developing a local awards plan under
Section 21.704.
Sec. 21.703. EDUCATOR EXCELLENCE FUND; AMOUNT OF GRANT
AWARD. (a) Each state fiscal year, the commissioner shall deposit
the sum of $1,000 multiplied by the number of classroom teachers in
this state to the credit of the educator excellence fund in the
general revenue fund. Each state fiscal year, the agency shall use:
(1) not more than $100 million of the funds in the
educator excellence fund to provide grant awards under the awards
for student achievement program established under Subchapter N; and
(2) any remaining funds in the educator excellence
fund to provide a qualifying school district a grant in an amount
determined by:
(A) dividing the amount of remaining money
available for distribution in the educator excellence fund by the
total number of students in average daily attendance in qualifying
districts for that fiscal year; and
(B) multiplying the amount determined under
Paragraph (A) by the number of students in average daily attendance
in the district.
(b) Subsection (a) applies beginning with the state fiscal
year beginning September 1, 2008. In the state fiscal year
beginning September 1, 2007, the commissioner shall deposit $840
multiplied by the number of classroom teachers in this state to the
credit of the educator excellence fund in the general revenue fund.
The agency shall use:
(1) not more than $100 million of the funds in the
educator excellence fund to provide grant awards under the awards
for student achievement program established under Subchapter N; and
(2) any remaining funds in the educator excellence
fund to provide a qualifying school district a grant in an amount
determined by:
(A) dividing the amount of remaining money
available for distribution in the educator excellence fund by the
total number of students in average daily attendance in qualifying
districts for that fiscal year; and
(B) multiplying the amount determined under
Paragraph (A) by the number of students in average daily attendance
in the district.
(c) Subsection (b) and this subsection expire September 1,
2008.
Sec. 21.704. LOCAL AWARDS PLANS. (a) A district-level
committee for a school district that intends to participate in the
program, such as the district-level planning and decision-making
committee established under Subchapter F, Chapter 11, shall develop
a local awards plan for the district. The local awards plan may
provide for all campuses in the district to participate in the
program or only certain campuses selected by the district-level
committee. A majority of classroom teachers assigned to a campus
that is selected by the district-level committee to participate in
the program must approve participation to be included in the local
awards plan.
(b) If appropriate, the district-level committee may use a
campus incentive plan developed for a campus in the district under
Subchapter N in whole or in part as part of the local awards plan
submitted under this section. Notwithstanding Section 21.705, the
commissioner by rule shall allow a campus that receives funding
under Subchapter N and that is included in a district's local awards
plan under this section to use grant funds received under this
subchapter as additional money to be spent in the manner provided by
Subchapter N.
(c) A school district shall submit a local awards plan to
the agency for approval. The plan must be submitted together with
evidence of significant teacher involvement in the development of
the plan.
(d) The agency may approve only a local awards plan that
meets program guidelines adopted by the commissioner under Section
21.702 and that satisfies this section and Section 21.705.
(e) The agency shall make model local awards plans available
to school districts that wish to participate in the program.
(f) A school district whose local awards plan is approved by
the agency to receive a program grant under this subchapter may
renew the plan for three consecutive school years without
resubmitting the plan to the agency for approval. A school district
may amend a local awards plan for approval by the agency for each
school year the district receives a program grant.
Sec. 21.705. AWARD PAYMENTS. A school district must use at
least 60 percent of grant funds awarded to the district under this
subchapter to directly award classroom teachers who effectively
improve student achievement as determined by meaningful, objective
measures. The remaining funds must be used only to:
(1) provide stipends to effective mentors or teacher
coaches;
(2) provide stipends to classroom teachers who are
certified in a subject that is designated by the commissioner as
commonly experiencing a critical shortage of teachers;
(3) provide stipends to classroom teachers with proven
records of success for improving student performance who are
assigned to campuses at which the district has experienced
difficulty assigning or retaining teachers;
(4) provide awards to principals who effectively
increase student performance as determined by objective measures;
(5) provide awards to other campus employees who
demonstrate excellence; or
(6) implement the components of a Teacher Advancement
Program (TAP), including:
(A) an instructionally focused accountability
system; and
(B) the adjustment of teaching schedules to
permit ongoing applied professional growth.
Sec. 21.706. RULES. The commissioner shall adopt rules
necessary to administer this subchapter.
SECTION 4.07. Subchapter D, Chapter 22, Education Code, as
added by Chapters 899 and 1359, Acts of the 79th Legislature,
Regular Session, 2005, is reenacted and amended to read as follows:
SUBCHAPTER D. HEALTH CARE [COMPENSATION] SUPPLEMENTATION
Sec. 22.101. DEFINITIONS. In this subchapter:
(1) "Cafeteria plan" means a plan as defined and
authorized by Section 125, Internal Revenue Code of 1986.
(2) "Employee" means an active, contributing member of
the Teacher Retirement System of Texas who:
(A) is employed by a district, other educational
district whose employees are members of the Teacher Retirement
System of Texas, participating charter school, or regional
education service center;
(B) is not a retiree eligible for coverage under
the program established under Chapter 1575, Insurance Code;
(C) is not eligible for coverage by a group
insurance program under Chapter 1551 or 1601, Insurance Code; and
(D) is not an individual performing personal
services for a district, other educational district that is a
member of the Teacher Retirement System of Texas, participating
charter school, or regional education service center as an
independent contractor.
(3) "Participating charter school" means an
open-enrollment charter school established under Subchapter D,
Chapter 12, that participates in the program established under
Chapter 1579, Insurance Code.
(4) "Regional education service center" means a
regional education service center established under Chapter 8.
Sec. 22.102. AUTHORITY TO ADOPT RULES; OTHER AUTHORITY.
(a) The agency may adopt rules to implement this subchapter.
(b) The agency may enter into interagency contracts with any
other agency of this state for the purpose of assistance in
implementing this subchapter.
Sec. 22.103. DESIGNATION OF COMPENSATION AS HEALTH CARE
SUPPLEMENTATION. (a) An employee of a school [ELIGIBILITY;
WAITING PERIOD. A person is not eligible for a monthly distribution
under this subchapter before the 91st day after the first day the
person becomes an employee.
[Sec. 22.104. DISTRIBUTION BY AGENCY. Subject to the
availability of funds, each month the agency shall deliver to each]
district, [including a district that is ineligible for state aid
under Chapter 42, each] other educational district that is a member
of the Teacher Retirement System of Texas, [each] participating
charter school, or [and each] regional education service center may
elect to designate a portion of the employee's compensation to be
used as health care supplementation under this subchapter.
(b) The amount designated under this section may not exceed
the amount permitted under applicable federal law.
(c) This section does not apply to:
(1) an employee who is not covered by a cafeteria plan
or who is not eligible to pay health care premiums through a premium
conversion plan; or
(2) an administrator, as defined by the trustee,
employed by a school district, another educational district, a
participating charter school, or a regional education service
center [state funds in an amount, as determined by the agency, equal
to the product of the number of eligible employees employed by the
district, school, or service center multiplied by the amount
specified in the General Appropriations Act for purposes of this
subchapter and divided by 12. The agency shall distribute funding
to only one entity for employees who are employed by more than one
entity listed in this section].
Sec. 22.104 [22.105]. FUNDS HELD IN TRUST. All funds
received by a district, other educational district, participating
charter school, or regional education service center under this
subchapter are held in trust for the benefit of the employees on
whose behalf the district, school, or service center received the
funds.
Sec. 22.105. WRITTEN ELECTION REQUIRED. Each school year,
an active employee must elect in writing whether to designate a
portion of the employee's compensation to be used as health care
supplementation under this subchapter.
Sec. 22.106. [RECOVERY OF DISTRIBUTIONS. The agency is
entitled to recover from a district, other educational district,
participating charter school, or regional education service center
any amount distributed under this subchapter to which the district,
school, or service center was not entitled.
[Sec. 22.107. DETERMINATION BY AGENCY FINAL. A
determination by the agency under this subchapter is final and may
not be appealed.
[Sec. 22.108. DISTRIBUTION BY SCHOOL. Each month, each
district, other educational district that is a member of the
Teacher Retirement System of Texas, participating charter school,
and regional education service center must distribute to its
eligible employees the funding received under this subchapter. To
receive the monthly distribution, an individual must meet the
definition of an employee under Section 22.101 for that month.
[Sec. 22.109.] USE OF DESIGNATED [SUPPLEMENTAL]
COMPENSATION. An employee may use compensation designated for
health care supplementation [a monthly distribution received]
under this subchapter for any employee benefit, including
depositing the designated amount [of the distribution] into a
cafeteria plan in which[, if] the employee is enrolled [in a
cafeteria plan,] or using the designated amount [of the
distribution] for health care premiums through a premium conversion
plan. [The employee may take the amount of the distribution as
supplemental compensation.
[Sec. 22.110. SUPPLEMENTAL COMPENSATION. An amount
distributed to an employee under this subchapter must be in
addition to the rate of compensation that:
[(1) the district, other educational district,
participating charter school, or regional education service center
paid the employee in the preceding school year; or
[(2) the district, school, or service center would
have paid the employee in the preceding school year if the employee
had been employed by the district, school, or service center in the
same capacity in the preceding school year.]
Sec. 22.107. WAGE INCREASE FOR SUPPORT STAFF. (a) For the
2006-2007 school year, a school district shall pay each full-time
district employee, other than an administrator or an employee
subject to the minimum salary schedule under Section 21.402, an
amount at least equal to $500.
(b) For the 2006-2007 school year, a school district shall
pay each part-time district employee, other than an administrator,
an amount at least equal to $250.
(c) A school district employee entitled to a wage increase
under this section may elect to receive a portion of the person's
annual wages as health care supplementation as provided by this
subchapter.
(d) A payment under this section is in addition to wages the
district would otherwise pay the employee during the school year.
(e) This section expires September 1, 2007.
SECTION 4.08. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.2513 to read as follows:
Sec. 42.2513. ADDITIONAL STATE AID FOR PROFESSIONAL STAFF
SALARY INCREASES. (a) A school district, including a school
district that is otherwise ineligible for state aid under this
chapter, is entitled to state aid in an amount equal to the product
of $2,500 multiplied by the number of classroom teachers, full-time
librarians, full-time counselors certified under Subchapter B,
Chapter 21, and full-time school nurses employed by the district
and entitled to a minimum salary under Section 21.402.
(a-1) For the 2006-2007 school year, a school district,
including a school district that is otherwise ineligible for state
aid under this chapter, is entitled to state aid in an amount equal
to the sum of:
(1) the product of $500 multiplied by the number of
full-time district employees, other than administrators or
employees subject to the minimum salary schedule under Section
21.402; and
(2) the product of $250 multiplied by the number of
part-time district employees, other than administrators.
(a-2) Subsection (a-1) and this subsection expire September
1, 2007.
(b) A determination by the commissioner under this section
is final and may not be appealed.
(c) The commissioner may adopt rules to implement this
section.
SECTION 4.09. Sections 822.201(b) and (c), Government Code,
are amended to read as follows:
(b) "Salary and wages" as used in Subsection (a) means:
(1) normal periodic payments of money for service the
right to which accrues on a regular basis in proportion to the
service performed;
(2) amounts by which the member's salary is reduced
under a salary reduction agreement authorized by Chapter 610;
(3) amounts that would otherwise qualify as salary and
wages under Subdivision (1) but are not received directly by the
member pursuant to a good faith, voluntary written salary reduction
agreement in order to finance payments to a deferred compensation
or tax sheltered annuity program specifically authorized by state
law or to finance benefit options under a cafeteria plan qualifying
under Section 125 of the Internal Revenue Code of 1986, if:
(A) the program or benefit options are made
available to all employees of the employer; and
(B) the benefit options in the cafeteria plan are
limited to one or more options that provide deferred compensation,
group health and disability insurance, group term life insurance,
dependent care assistance programs, or group legal services plans;
(4) performance pay awarded to an employee by a school
district as part of a total compensation plan approved by the board
of trustees of the district and meeting the requirements of
Subsection (e);
(5) the benefit replacement pay a person earns under
Subchapter H, Chapter 659, except as provided by Subsection (c);
(6) stipends paid to teachers in accordance with
Section 21.410, 21.411, 21.412, or 21.413, Education Code;
(7) amounts by which the member's salary is reduced or
that are deducted from the member's salary as authorized by
Subchapter J, Chapter 659; [and]
(8) a merit salary increase made under Section 51.962,
Education Code; and
(9) amounts received under the awards for student
achievement program under Subchapter N, Chapter 21, Education Code,
the educator excellence awards program under Subchapter O, Chapter
21, Education Code, or a mentoring program under Section 21.458,
Education Code.
(c) Excluded from salary and wages are:
(1) expense payments;
(2) allowances;
(3) payments for unused vacation or sick leave;
(4) maintenance or other nonmonetary compensation;
(5) fringe benefits;
(6) deferred compensation other than as provided by
Subsection (b)(3);
(7) compensation that is not made pursuant to a valid
employment agreement;
(8) payments received by an employee in a school year
that exceed $5,000 for teaching a driver education and traffic
safety course that is conducted outside regular classroom hours;
(9) the benefit replacement pay a person earns as a
result of a payment made under Subchapter B or C, Chapter 661;
(10) any compensation designated as health care
supplementation [amount received] by an employee under Subchapter
D, Chapter 22, Education Code;
(11) any amount received by an employee under:
(A) [,] former Article 3.50-8, Insurance Code;
(B) [,] former Chapter 1580, Insurance Code;
(C) Subchapter D, Chapter 22, Education Code, as
that subchapter existed January 1, 2006;[,] or
(D) Rider 9, Page III-39, Chapter 1330, Acts of
the 78th Legislature, Regular Session, 2003 (the General
Appropriations Act); and
(12) [(11)] any compensation not described in
Subsection (b).
SECTION 4.10. As soon as practicable after the effective
date of this Act, the commissioner of education shall adopt rules
for establishing and administering the awards for student
achievement program under Subchapter N, Chapter 21, Education Code,
as added by this Act, and the educator excellence awards program
under Subchapter O, Chapter 21, Education Code, as added by this
Act. The commissioner shall make the awards for student
achievement program available for campus participation not later
than the 2006-2007 school year. The commissioner shall make the
educator excellence awards program available for school district
participation beginning with the 2007-2008 school year.
ARTICLE 5. HIGH SCHOOL SUCCESS AND COLLEGE-READINESS
SECTION 5.01. Subchapter A, Chapter 28, Education Code, is
amended by adding Sections 28.008 and 28.009 to read as follows:
Sec. 28.008. ADVANCEMENT OF COLLEGE-READINESS IN HIGH
SCHOOL CURRICULUM. (a) To align the curriculum for grades nine
through 12 with higher education curriculum and expectations, the
commissioner and the Texas Higher Education Coordinating Board by
rule shall establish vertical teams composed of high school
educators and institution of higher education faculty with
appropriate expertise.
(b) The vertical teams shall:
(1) recommend for approval by the commissioner and the
Texas Higher Education Coordinating Board college-readiness
standards and expectations that address what students must know and
be able to do to succeed in entry-level courses offered at
institutions of higher education;
(2) evaluate whether the high school curriculum
requirements under Section 28.002 serve to prepare students to
successfully perform college-level course work;
(3) develop instructional strategies for teaching
courses in the high school curriculum to prepare students to
successfully perform college-level course work; and
(4) jointly develop an English language arts course, a
mathematics course, a science course, and a social studies course,
including curriculum, professional development materials, and
online support materials, designed to be offered to students who
need additional assistance in preparing to successfully perform
college-level course work.
(c) The State Board of Education shall incorporate
college-readiness standards and expectations approved by the
commissioner and the Texas Higher Education Coordinating Board
under Subsection (b) into the essential knowledge and skills
identified by the board under Section 28.002(c).
(d) The State Board of Education by rule shall provide that
each course developed under Subsection (b)(4) may be used to
fulfill high school graduation requirements for the recommended
high school program under Section 28.025(a).
(e) Not later than September 1, 2011, the vertical teams
shall complete the development of the courses under Subsection
(b)(4). The vertical teams shall develop the English language arts
course first, followed by the mathematics course, the science
course, and the social studies course, respectively. The English
language arts course must be developed by the vertical teams and
approved by the State Board of Education not later than June 1,
2009. The course must be available to high school students
beginning with the 2009 fall semester, with each subsequent course
becoming available each subsequent fall semester. This subsection
expires December 1, 2012.
Sec. 28.009. AVAILABILITY OF CERTAIN CORE POSTSECONDARY
COURSES IN DUAL CREDIT PROGRAM. (a) The State Board of Education
by rule shall provide for the core curriculum courses revised under
Section 61.822(a-1) to be offered in high schools through a dual
credit program.
(b) The agency shall coordinate with the Texas Higher
Education Coordinating Board as necessary in administering this
section.
SECTION 5.02. Section 28.025, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) The State Board of Education by rule shall require
that:
(1) the curriculum requirements for the recommended
and advanced high school programs under Subsection (a) include a
requirement that students successfully complete four courses in
each subject of the foundation curriculum under Section
28.002(a)(1); and
(2) one or more courses offered in the required
curriculum for the recommended and advanced high school programs
include a research writing component.
SECTION 5.03. Subchapter C, Chapter 29, Education Code, is
amended by adding Section 29.0822 to read as follows:
Sec. 29.0822. OPTIONAL FLEXIBLE SCHOOL DAY PROGRAM. (a)
Notwithstanding Section 25.081 or 25.082, a school district may
provide a flexible school day program for students in grades nine
through 12 who have dropped out of school or who are at risk of
dropping out of school as defined by Section 29.081.
(b) To enable a school district to provide a program under
this section that meets the needs of students described by
Subsection (a), a school district may:
(1) provide flexibility in the number of hours each
day a student attends;
(2) provide flexibility in the number of days each
week a student attends; or
(3) allow a student to enroll in less than or more than
a full course load.
(c) A course offered in a program under this section must
provide for at least the same number of instructional hours as
required for a course offered in a program that meets the required
minimum number of instructional days under Section 25.081 and the
required length of school day under Section 25.082.
(d) The commissioner may adopt rules for the administration
of this section. The commissioner shall calculate average daily
attendance for students served under this section. The
commissioner shall allow accumulations of hours of instruction for
students whose schedule would not otherwise allow full state
funding. Funding under this subsection shall be determined based
on the number of instructional days in the school district calendar
and a seven-hour school day, but attendance may be cumulated over a
school year, including any summer or vacation session. The
attendance of students who accumulate less than the number of
attendance hours required under this subsection shall be
proportionately reduced for funding purposes. The commissioner may
set maximum funding amounts for an individual course under this
section.
SECTION 5.04. Subchapter D, Chapter 29, Education Code, is
amended by adding Section 29.124 to read as follows:
Sec. 29.124. TEXAS GOVERNOR'S SCHOOLS. (a) In this
section, "public senior college or university" has the meaning
assigned by Section 61.003.
(b) A Texas governor's school is a summer residential
program for high-achieving high school students. A governor's
school program may include any or all of the following educational
curricula:
(1) mathematics and science;
(2) humanities; or
(3) leadership and public policy.
(c) A public senior college or university may apply to the
commissioner to administer a Texas governor's school program under
this section. The commissioner shall give preference to a public
senior college or university that applies in cooperation with a
nonprofit association. The commissioner shall give additional
preference if the nonprofit association receives private
foundation funds that may be used to finance the program.
(d) The commissioner may approve an application under this
section only if the applicant:
(1) applies within the period and in the manner
required by rule adopted by the commissioner;
(2) submits a program proposal that includes:
(A) a curriculum consistent with Subsection (b);
(B) criteria for selecting students to
participate in the program;
(C) a statement of the length of the program,
which must be at least three weeks; and
(D) a statement of the location of the program;
(3) agrees to use a grant under this section only for
the purpose of administering a program; and
(4) satisfies any other requirements established by
rule adopted by the commissioner.
(e) From funds appropriated to the agency, the commissioner
may make a grant in an amount not to exceed $750,000 each year to
public senior colleges or universities whose applications are
approved under this section to pay the costs of administering a
Texas governor's school program.
(f) The commissioner may adopt other rules necessary to
implement this section.
SECTION 5.05. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0232 to read as follows:
Sec. 39.0232. USE OF END-OF-COURSE ASSESSMENT INSTRUMENT AS
PLACEMENT INSTRUMENT. To the extent practicable, the agency shall
ensure that any high school end-of-course assessment instrument
developed by the agency is developed in such a manner that the
assessment instrument may be used to determine the appropriate
placement of a student in a course of the same subject matter at an
institution of higher education.
SECTION 5.06. Subchapter F, Chapter 39, Education Code, is
amended by adding Sections 39.113 and 39.114 to read as follows:
Sec. 39.113. RECOGNITION OF HIGH SCHOOL COMPLETION AND
SUCCESS AND COLLEGE-READINESS PROGRAMS. (a) The agency shall:
(1) develop standards for evaluating the success and
cost-effectiveness of high school completion and success and
college-readiness programs;
(2) provide guidance for school districts and campuses
in establishing and improving high school completion and success
and college-readiness programs; and
(3) develop standards for selecting and methods for
recognizing school districts and campuses that offer exceptional
high school completion and success and college-readiness programs.
(b) The commissioner may adopt rules for the administration
of this section.
Sec. 39.114. HIGH SCHOOL ALLOTMENT. (a) For each student
in average daily attendance in grades nine through 12, a school
district is entitled to an annual allotment of $500.
(b) Except as provided by Subsection (c), a school district
or campus must use funds allocated under this section to:
(1) implement or administer a college-readiness
program that provides academic support and instruction to prepare
underachieving students for entrance into an institution of higher
education;
(2) implement or administer a program that encourages
students to pursue advanced academic opportunities, including
early college high school programs and dual credit, advanced
placement, and international baccalaureate courses;
(3) implement or administer a program that provides
opportunities for students to take academically rigorous course
work, including four years of mathematics and four years of science
at the high school level;
(4) implement or administer a program, including
online course support and professional development, that aligns the
curriculum for grades six through 12 with postsecondary curriculum
and expectations; or
(5) implement or administer other high school
completion and success initiatives in grades six through 12
approved by the commissioner.
(c) A school district whose performance is recognized as
exceptional by the commissioner under the academic accountability
indicator adopted under Section 39.051(b)(13) may use funds
allocated under this section on any instructional program in grades
six through 12 other than an athletic program.
(d) The commissioner may adopt rules for the administration
of this section.
SECTION 5.07. Section 42.005(a), Education Code, is amended
to read as follows:
(a) In this chapter, average daily attendance is:
(1) the quotient of the sum of attendance for each day
of the minimum number of days of instruction as described under
Section 25.081(a) divided by the minimum number of days of
instruction; [or]
(2) for a district that operates under a flexible year
program under Section 29.0821, the quotient of the sum of
attendance for each actual day of instruction as permitted by
Section 29.0821(b)(1) divided by the number of actual days of
instruction as permitted by Section 29.0821(b)(1); or
(3) for a district that operates under a flexible
school day program under Section 29.0822, the average daily
attendance as calculated by the commissioner in accordance with
Section 29.0822(d).
SECTION 5.08. Subchapter D, Chapter 61, Education Code, is
amended by adding Sections 61.0761 and 61.0762 to read as follows:
Sec. 61.0761. P-16 COLLEGE-READINESS AND SUCCESS STRATEGIC
ACTION PLAN. (a) The P-16 Council established under Section 61.076
shall recommend to the commissioner of education and the board a
college-readiness and success strategic action plan to increase
student success and decrease the number of students enrolling in
developmental coursework in institutions of higher education. The
plan must include:
(1) definitions, as determined by the P-16 Council in
coordination with the State Board of Education, of the standards
and expectations for college-readiness that address the knowledge
and skills expected of students to perform successfully in
entry-level courses offered at institutions of higher education;
(2) a description of the components of a P-16
individualized graduation plan sufficient to prepare students for
college success;
(3) the manner in which the Texas Education Agency
should provide model curricula for use as a reference tool by school
district employees;
(4) recommendations to the Texas Education Agency, the
State Board of Education, and the board regarding strategies for
decreasing the number of students enrolling in developmental
coursework at institutions of higher education;
(5) recommendations to the State Board for Educator
Certification regarding changes to educator certification and
professional development requirements that contribute to the
ability of public school teachers to prepare students for higher
education; and
(6) any other elements that the commissioner of
education and the board suggest for inclusion in the plan.
(b) The commissioner of education and the board shall adopt
the college-readiness and success strategic action plan
recommended by the P-16 Council if the commissioner of education
and the board determine that the plan meets the requirements of this
section.
(c) Not later than December 1 of each even-numbered year,
the commissioner of education and the board shall submit a report to
the governor, lieutenant governor, the speaker of the house of
representatives, each member of the Legislative Budget Board, and
the members of the standing committees of the senate and house of
representatives with primary jurisdiction over the public school
system and higher education system describing progress in
implementing the college-readiness and success strategic action
plan.
(d) The commissioner of education and the board shall adopt
rules necessary to implement this section.
Sec. 61.0762. PROGRAMS TO ENHANCE STUDENT SUCCESS. To
implement the college-readiness and success strategic action plan
adopted under Section 61.0761 and to enhance the success of
students at institutions of higher education, the board by rule
shall develop:
(1) summer higher education bridge programs in the
subject areas of mathematics, science, and English language arts;
(2) incentive programs for institutions of higher
education that implement research-based, innovative developmental
education initiatives;
(3) financial assistance programs for educationally
disadvantaged students, as defined by Section 5.001, who take
college entrance and college-readiness assessment instruments; and
(4) professional development programs for faculty of
institutions of higher education on college-readiness standards
and the implications of such standards on instruction.
SECTION 5.09. Section 61.822, Education Code, is amended by
adding Subsections (a-1) and (a-2) to read as follows:
(a-1) To improve student learning and reduce the cost of
course delivery, the board, with the assistance of the advisory
committees described by Subsection (a) and nonprofit organizations
with expertise in higher education course development, shall review
and adopt revisions of or additions to the curriculum and any online
support materials supplementing the curriculum of not more than 25
courses in which students may enroll to satisfy the recommended
core curriculum requirements.
(a-2) Not later than September 1, 2006, the board shall
begin reviewing and adopting revisions of or additions to the
curriculum and online support materials for courses in which
students may enroll to satisfy the recommended English language
arts core curriculum requirements, including composition, American
literature with a focus on textual analysis, and interdisciplinary
literature and American history. Not later than the 2009 fall
semester, the board shall make the revised curriculum and online
support materials for the English language arts courses described
by this subsection available to institutions of higher education.
Not later than September 1, 2011, the board shall complete its
review and revisions of and additions to courses selected under
Subsection (a-1). This subsection expires December 1, 2011.
SECTION 5.10. Not later than January 1, 2007, the State
Board of Education shall adopt rules as required by Section
28.025(b-1), Education Code, as added by this Act. The rules shall
require that the curriculum requirements for the recommended and
advanced high school programs under that subsection apply to
students entering the ninth grade beginning with the 2007-2008
school year.
ARTICLE 6. PUBLIC EDUCATION FUNDING FOR CERTAIN PURPOSES
SECTION 6.01. For the fiscal biennium ending August 31,
2007, the commissioner of education, to the extent not specifically
prohibited by state or federal law, shall use federal funds,
including consolidated administrative or innovative program funds,
for the purposes described by Section 44.007(b), Education Code, as
amended by this Act, and Sections 1.005, 7.008, 39.034, and
44.0061, Education Code, as added by this Act. To the extent
federal funds are not sufficient, funds may be set aside from the
Foundation School Program to fund the remaining balance.
ARTICLE 7. APPLICABILITY; EFFECTIVE DATE
SECTION 7.01. Except as otherwise provided by this Act,
this Act applies beginning with the 2006-2007 school year.
SECTION 7.02. 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 on the 91st day after the last day of
the legislative session.