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.