79R1366 BDH-D

By:  Menendez                                                     H.B. No. 238


A BILL TO BE ENTITLED
AN ACT
relating to a pilot program designed to improve educational services in participating school districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 29, Education Code, is amended by adding Subchapter J to read as follows:
SUBCHAPTER J. STUDENT ACHIEVEMENT GUARANTEE IN EDUCATION PILOT PROGRAM
Sec. 29.351. DEFINITION. In this subchapter, "program" means the student achievement guarantee in education pilot program described by this subchapter. Sec. 29.352. PROGRAM. (a) The program consists of a contract between a school district and the agency in which the district agrees to provide educational services as provided by Section 29.356 in exchange for receiving funds under Section 29.357. (b) The commissioner shall accept applications from eligible school districts and select four districts for participation in the program. The commissioner shall select districts in a manner that ensures statewide geographic representation. Sec. 29.353. RULES. The commissioner shall adopt rules to administer the program. Sec. 29.354. ELIGIBILITY. (a) A school district is eligible to participate in the program if, during the school year preceding the year in which the district applies for participation, 50 percent or more of the students enrolled at an elementary school campus in the district were educationally disadvantaged students. (b) An elementary school campus is eligible to receive funds under Section 29.357 if, during the school year preceding the year of participation in the program, 50 percent or more of the students enrolled at the campus were educationally disadvantaged students. Sec. 29.355. CONTRACT. A contract between a school district and the agency for participation in the program must include: (1) a description of each elementary school campus in the district to receive funds under Section 29.357; (2) the district's plan to implement the requirements of Section 29.356; (3) a method for evaluating the academic achievement of students enrolled at each campus participating in the program; (4) any proposed performance objectives under the program, including: (A) improvement of student performance on assessment instruments administered under Section 39.023; (B) professional development in the district; (C) increased integration of students, parents, and district residents in district decision-making; and (D) proposed methods for attaining any educational goals adopted by the district; and (5) for each campus to receive funds under Section 29.357, the district's proposed method of monitoring compliance with the terms of the contract. Sec. 29.356. PROGRAM REQUIREMENTS. (a) A school district that participates in the program must implement the following measures at each campus in the district that receives funds under Section 29.357: (1) in the first year, assign one additional appropriately certified teacher to each kindergarten through third grade class and maintain those assignments during each year that the district participates in the program; (2) open the campus for extended hours of operation as necessary to meet the requirements of this section and as specified in the contract; (3) collaborate with community organizations to increase the availability of educational and recreational opportunities for all district residents; (4) in cooperation with the agency, campus personnel, and district residents, review the campus academic curriculum and adopt a more rigorous curriculum designed to improve student academic achievement; (5) develop a program for new employees of the campus designed to improve each employee's transition into the campus; (6) increase the time provided by the campus for employee collaboration and planning; (7) require that each teacher and administrator submit to the district a professional development plan that includes methods for: (A) improving student academic achievement; and (B) evaluating the success of the plan; (8) evaluate each teacher and administrator, including: (A) evaluation of the effectiveness of each professional development plan submitted under Subdivision (7); and (B) identification of areas of strength and weakness; (9) provide a support system designed to improve the performance of teachers and administrators, including: (A) specific documentation of the performance of teachers and administrators; and (B) a method of receiving suggested revisions to the evaluation process, including comments and contributions from teachers and administrators; and (10) dismiss any teacher or administrator whose performance fails to improve, as documented under Subdivision (9)(A) and as determined by the district. (b) The requirements of Subsection (a) are in addition to any other requirements of this code. Sec. 29.357. FUNDS. (a) From funds appropriated for the purpose, the commissioner shall pay to each school district that has contracted with the agency under Section 29.355 an amount equal to $2,000 for each educationally disadvantaged student who is enrolled: (1) in a grade level designated in the contract; and (2) at a campus designated in the contract. (b) The commissioner shall cease payment of funds to a school district if the district withdraws from the contract before the contract expires. (c) Funds a district receives under this section are in addition to funds received under Chapter 42. Section 42.258 applies to funds received under this section. The commissioner shall distribute funds under this section in the manner provided by Section 42.259. (d) If funds appropriated for a school year for purposes of this section are less than the amount to which school districts are entitled under this section for that school year, the commissioner shall reduce the amount distributed to each district proportionately. Sec. 29.358. USE OF FUNDS. (a) A school district or campus participating in the program may use funds received under Section 29.357 only for the purposes of Section 29.356(a)(1). (b) A school district must distribute funds received under Section 29.357 to a campus designated in the contract under Section 29.355. Sec. 29.359. PROGRAM REVIEW COMMITTEE; ANNUAL REVIEW. (a) A program review committee is created for each school district participating in the program. Each committee consists of: (1) the commissioner; (2) the presiding officers of the standing committees of the senate and the house of representatives having jurisdiction over public education; (3) two representatives of the agency, appointed by the commissioner; (4) the superintendent of the participating district; and (5) the principal of each campus in the district receiving funds under Section 29.357. (b) Not later than June 30 of each year, each committee shall review the progress of each campus that receives funds under Section 29.357. (c) In addition to the committee review under this section, the agency may provide for an annual independent evaluation of the program. Sec. 29.360. TERMINATION OF CONTRACT. The agency may terminate a contract under this subchapter at the end of a school year if the agency determines that during that school year the school district: (1) violated the terms of the contract under Section 29.355; or (2) failed to implement the requirements of Section 29.356. Sec. 29.361. EXPIRATION OF PROGRAM. This subchapter expires August 31, 2015. SECTION 2. Not later than January 1, 2006, the commissioner of education shall adopt rules for administration of the student achievement guarantee in education pilot program under Subchapter J, Chapter 29, Education Code, as added by this Act. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.