Amend CSSB 3 (committee printing) as follows:
(1) Add the following appropriately numbered SECTION to the
bill (page 1, between lines 11 and 12):
SECTION ____. Section 7.028(a), Education Code, is amended
to read as follows:
(a) Except as provided by Section 29.001(5), 29.010(a),
39.056 [39.074], or 39.057 [39.075], the agency may monitor
compliance with requirements applicable to a process or program
provided by a school district, campus, program, or school granted
charters under Chapter 12, including the process described by
Subchapter F, Chapter 11, or a program described by Subchapter B, C,
D, E, F, H, or I, Chapter 29, Subchapter A, Chapter 37, or Section
38.003, and the use of funds provided for such a program under
Subchapter C, Chapter 42, only as necessary to ensure:
(1) compliance with federal law and regulations;
(2) financial accountability, including compliance
with grant requirements; and
(3) data integrity for purposes of:
(A) the Public Education Information Management
System (PEIMS); and
(B) accountability under Chapter 39.
(2) Add the following appropriately numbered SECTIONS to
the bill (page 2, between lines 2 and 3):
SECTION ____. Sections 8.051(b) and (d), Education Code,
are amended to read as follows:
(b) Each regional education service center shall annually
develop and submit to the commissioner for approval a plan for
improvement. Each plan must include the purposes and description
of the services the center will provide to:
(1) campuses that fail to satisfy any standard
[identified as academically unacceptable based on the indicators
adopted] under Section 39.054(d) [39.051];
(2) the lowest-performing campuses in the region; and
(3) other campuses.
(d) Each regional education service center shall maintain
core services for purchase by school districts and campuses. The
core services are:
(1) training and assistance in teaching each subject
area assessed under Section 39.023;
(2) training and assistance in providing each program
that qualifies for a funding allotment under Section 42.151,
42.152, 42.153, or 42.156;
(3) assistance specifically designed for a school
district rated accredited-warned or accredited-probation
[academically unacceptable] under Section 39.052 [39.072(a)] or a
campus that fails to satisfy any standard [whose performance is
considered unacceptable based on the indicators adopted] under
Section 39.054(d) [39.051];
(4) training and assistance to teachers,
administrators, members of district boards of trustees, and members
of site-based decision-making committees;
(5) assistance specifically designed for a school
district that is considered out of compliance with state or federal
special education requirements, based on the agency's most recent
compliance review of the district's special education programs; and
(6) assistance in complying with state laws and rules.
SECTION ____. Section 11.001, Education Code, is amended to
read as follows:
Sec. 11.001. ACCREDITATION. Each school district must be
accredited by the agency as provided by Subchapter C [D], Chapter
39.
SECTION ____. Section 11.003(d), Education Code, is amended
to read as follows:
(d) The commissioner may require a district to enter into a
cooperative shared services arrangement for administrative
services if the commissioner determines:
(1) that the district has failed to satisfy a
financial accountability standard as determined by commissioner
rule under Subchapter D [I], Chapter 39; and
(2) that entering into a cooperative shared services
arrangement would:
(A) enable the district to enhance its
performance on the financial accountability standard identified
under Subdivision (1); and
(B) promote the efficient operation of the
district.
SECTION ____. Section 11.1511(b), Education Code, is
amended to read as follows:
(b) The board shall:
(1) seek to establish working relationships with other
public entities to make effective use of community resources and to
serve the needs of public school students in the community;
(2) adopt a vision statement and comprehensive goals
for the district and the superintendent and monitor progress toward
those goals;
(3) establish performance goals for the district
concerning:
(A) the academic and fiscal performance
indicators under Subchapters C, D, and J [I], Chapter 39[,
respectively]; and
(B) any performance indicators adopted by the
district;
(4) ensure that the superintendent:
(A) is accountable for achieving performance
results;
(B) recognizes performance accomplishments; and
(C) takes action as necessary to meet performance
goals;
(5) adopt a policy to establish a district- and
campus-level planning and decision-making process as required
under Section 11.251;
(6) publish an annual educational performance report
as required under Section 39.306 [39.053];
(7) adopt an annual budget for the district as
required under Section 44.004;
(8) adopt a tax rate each fiscal year as required under
Section 26.05, Tax Code;
(9) monitor district finances to ensure that the
superintendent is properly maintaining the district's financial
procedures and records;
(10) ensure that district fiscal accounts are audited
annually as required under Section 44.008;
(11) publish an end-of-year financial report for
distribution to the community;
(12) conduct elections as required by law;
(13) by rule, adopt a process through which district
personnel, students or the parents or guardians of students, and
members of the public may obtain a hearing from the district
administrators and the board regarding a complaint;
(14) make decisions relating to terminating the
employment of district employees employed under a contract to which
Chapter 21 applies, including terminating or not renewing an
employment contract to which that chapter applies; and
(15) carry out other powers and duties as provided by
this code or other law.
SECTION ____. Section 11.201(d), Education Code, is amended
to read as follows:
(d) The duties of the superintendent include:
(1) assuming administrative responsibility and
leadership for the planning, organization, operation, supervision,
and evaluation of the education programs, services, and facilities
of the district and for the annual performance appraisal of the
district's staff;
(2) except as provided by Section 11.202, assuming
administrative authority and responsibility for the assignment,
supervision, and evaluation of all personnel of the district other
than the superintendent;
(3) overseeing compliance with the standards for
school facilities established by the commissioner under Section
46.008;
(4) initiating the termination or suspension of an
employee or the nonrenewal of an employee's term contract;
(5) managing the day-to-day operations of the district
as its administrative manager, including implementing and
monitoring plans, procedures, programs, and systems to achieve
clearly defined and desired results in major areas of district
operations;
(6) preparing and submitting to the board of trustees
a proposed budget as provided by Section 44.002 and rules adopted
under that section, and administering the budget;
(7) preparing recommendations for policies to be
adopted by the board of trustees and overseeing the implementation
of adopted policies;
(8) developing or causing to be developed appropriate
administrative regulations to implement policies established by
the board of trustees;
(9) providing leadership for the attainment and, if
necessary, improvement of student performance in the district based
on the indicators adopted under Sections 39.053 and 39.301 [Section
39.051] and other indicators adopted by the commissioner [State
Board of Education] or the district's board of trustees;
(10) organizing the district's central
administration;
(11) consulting with the district-level committee as
required under Section 11.252(f);
(12) ensuring:
(A) adoption of a student code of conduct as
required under Section 37.001 and enforcement of that code of
conduct; and
(B) adoption and enforcement of other student
disciplinary rules and procedures as necessary;
(13) submitting reports as required by state or
federal law, rule, or regulation;
(14) providing joint leadership with the board of
trustees to ensure that the responsibilities of the board and
superintendent team are carried out; and
(15) performing any other duties assigned by action of
the board of trustees.
(3) In SECTION 2 of the bill, in amended Section 11.203(d),
Education Code (page 2, lines 6 and 7), strike "campus that was
rated academically unacceptable during the preceding school year [,
as" and substitute "campus that failed to satisfy any standard
under Section 39.054(d) during the preceding school year [rated
academically unacceptable, as]".
(4) Add the following appropriately numbered SECTIONS to
the bill (page 2, between lines 10 and 11):
SECTION ____. Section 11.252(a), Education Code, is amended
to read as follows:
(a) Each school district shall have a district improvement
plan that is developed, evaluated, and revised annually, in
accordance with district policy, by the superintendent with the
assistance of the district-level committee established under
Section 11.251. The purpose of the district improvement plan is to
guide district and campus staff in the improvement of student
performance for all student groups in order to attain state
standards in respect to the student achievement [academic
excellence] indicators adopted under Section 39.053 [39.051]. The
district improvement plan must include provisions for:
(1) a comprehensive needs assessment addressing
district student performance on the student achievement [academic
excellence] indicators, and other appropriate measures of
performance, that are disaggregated by all student groups served by
the district, including categories of ethnicity, socioeconomic
status, sex, and populations served by special programs, including
students in special education programs under Subchapter A, Chapter
29;
(2) measurable district performance objectives for
all appropriate student achievement [academic excellence]
indicators for all student populations, including students in
special education programs under Subchapter A, Chapter 29, and
other measures of student performance that may be identified
through the comprehensive needs assessment;
(3) strategies for improvement of student performance
that include:
(A) instructional methods for addressing the
needs of student groups not achieving their full potential;
(B) methods for addressing the needs of students
for special programs, such as suicide prevention, conflict
resolution, violence prevention, or dyslexia treatment programs;
(C) dropout reduction;
(D) integration of technology in instructional
and administrative programs;
(E) discipline management;
(F) staff development for professional staff of
the district;
(G) career education to assist students in
developing the knowledge, skills, and competencies necessary for a
broad range of career opportunities; and
(H) accelerated education;
(4) strategies for providing to middle school, junior
high school, and high school students, those students' teachers and
counselors, and those students' parents information about:
(A) higher education admissions and financial
aid opportunities;
(B) the TEXAS grant program and the Teach for
Texas grant program established under Chapter 56;
(C) the need for students to make informed
curriculum choices to be prepared for success beyond high school;
and
(D) sources of information on higher education
admissions and financial aid;
(5) resources needed to implement identified
strategies;
(6) staff responsible for ensuring the accomplishment
of each strategy;
(7) timelines for ongoing monitoring of the
implementation of each improvement strategy; and
(8) formative evaluation criteria for determining
periodically whether strategies are resulting in intended
improvement of student performance.
SECTION ____. Sections 11.253(c) and (d), Education Code,
are amended to read as follows:
(c) Each school year, the principal of each school campus,
with the assistance of the campus-level committee, shall develop,
review, and revise the campus improvement plan for the purpose of
improving student performance for all student populations,
including students in special education programs under Subchapter
A, Chapter 29, with respect to the student achievement [academic
excellence] indicators adopted under Section 39.053 [39.051] and
any other appropriate performance measures for special needs
populations.
(d) Each campus improvement plan must:
(1) assess the academic achievement for each student
in the school using the student achievement [academic excellence]
indicator system as described by Section 39.053 [39.051];
(2) set the campus performance objectives based on the
student achievement [academic excellence] indicator system,
including objectives for special needs populations, including
students in special education programs under Subchapter A, Chapter
29;
(3) identify how the campus goals will be met for each
student;
(4) determine the resources needed to implement the
plan;
(5) identify staff needed to implement the plan;
(6) set timelines for reaching the goals;
(7) measure progress toward the performance
objectives periodically to ensure that the plan is resulting in
academic improvement;
(8) include goals and methods for violence prevention
and intervention on campus; and
(9) provide for a program to encourage parental
involvement at the campus.
SECTION ____. Section 11.255(a), Education Code, is amended
to read as follows:
(a) Each district-level planning and decision-making
committee and each campus-level planning and decision-making
committee for a junior, middle, or high school campus shall analyze
information related to dropout prevention, including:
(1) the results of the audit of dropout records
required by Section 39.308 [39.055];
(2) campus information related to graduation rates,
dropout rates, high school equivalency certificate rates, and the
percentage of students who remain in high school more than four
years after entering grade level 9;
(3) the number of students who enter a high school
equivalency certificate program and:
(A) do not complete the program;
(B) complete the program but do not take the high
school equivalency examination; or
(C) complete the program and take the high school
equivalency examination but do not obtain a high school equivalency
certificate;
(4) for students enrolled in grade levels 9 and 10,
information related to academic credit hours earned, retention
rates, and placements in alternative education programs and
expulsions under Chapter 37; and
(5) the results of an evaluation of each school-based
dropout prevention program in the district.
SECTION ____. Section 12.013(b), Education Code, is amended
to read as follows:
(b) A home-rule school district is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) a provision of this title relating to limitations
on liability; and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) educator certification under Chapter 21 and
educator rights under Sections 21.407, 21.408, and 22.001;
(C) criminal history records under Subchapter C,
Chapter 22;
(D) student admissions under Section 25.001;
(E) school attendance under Sections 25.085,
25.086, and 25.087;
(F) inter-district or inter-county transfers of
students under Subchapter B, Chapter 25;
(G) elementary class size limits under Section
25.112, in the case of any campus in the district that fails to
satisfy any standard [is considered academically unacceptable]
under Section 39.054(d) [39.132];
(H) high school graduation under Section 28.025;
(I) special education programs under Subchapter
A, Chapter 29;
(J) bilingual education under Subchapter B,
Chapter 29;
(K) prekindergarten programs under Subchapter E,
Chapter 29;
(L) safety provisions relating to the
transportation of students under Sections 34.002, 34.003, 34.004,
and 34.008;
(M) computation and distribution of state aid
under Chapters 31, 42, and 43;
(N) extracurricular activities under Section
33.081;
(O) health and safety under Chapter 38;
(P) public school accountability under
Subchapters B, C, D, E, and J [G], Chapter 39;
(Q) equalized wealth under Chapter 41;
(R) a bond or other obligation or tax rate under
Chapters 42, 43, and 45; and
(S) purchasing under Chapter 44.
SECTION ____. Section 12.056(b), Education Code, is amended
to read as follows:
(b) A campus or program for which a charter is granted under
this subchapter is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) high school graduation under Section 28.025;
(D) special education programs under Subchapter
A, Chapter 29;
(E) bilingual education under Subchapter B,
Chapter 29;
(F) prekindergarten programs under Subchapter E,
Chapter 29;
(G) extracurricular activities under Section
33.081;
(H) health and safety under Chapter 38; and
(I) public school accountability under
Subchapters B, C, E [D], and J [G], Chapter 39.
SECTION ____. Section 12.1012(5), Education Code, is
amended to read as follows:
(5) "Management services" means services related to
the management or operation of an open-enrollment charter school,
including:
(A) planning, operating, supervising, and
evaluating the school's educational programs, services, and
facilities;
(B) making recommendations to the governing body
of the school relating to the selection of school personnel;
(C) managing the school's day-to-day operations
as its administrative manager;
(D) preparing and submitting to the governing
body of the school a proposed budget;
(E) recommending policies to be adopted by the
governing body of the school, developing appropriate procedures to
implement policies adopted by the governing body of the school, and
overseeing the implementation of adopted policies; and
(F) providing leadership for the attainment of
student performance at the school based on the indicators adopted
under Sections 39.053 and 39.301 [Section 39.051] or by the
governing body of the school.
(5) Add the following appropriately numbered SECTIONS to
the bill (page 2, between lines 46 and 47):
SECTION ____. Section 12.1054(a), Education Code, is
amended to read as follows:
(a) A member of the governing body of a charter holder, a
member of the governing body of an open-enrollment charter school,
or an officer of an open-enrollment charter school is considered to
be a local public official for purposes of Chapter 171, Local
Government Code. For purposes of that chapter:
(1) a member of the governing body of a charter holder
or a member of the governing body or officer of an open-enrollment
charter school is considered to have a substantial interest in a
business entity if a person related to the member or officer in the
third degree by consanguinity or affinity, as determined under
Chapter 573, Government Code, has a substantial interest in the
business entity under Section 171.002, Local Government Code;
(2) notwithstanding any provision of Subdivision (1)
[Section 12.1054(1)], an employee of an open-enrollment charter
school that satisfies all performance standards [rated as
academically acceptable or higher] under Section 39.054(d)
[Chapter 39] for at least two of the preceding three school years
may serve as a member of the governing body of the charter holder of
the governing body of the school if the employees do not constitute
a quorum of the governing body or any committee of the governing
body; however, all members shall comply with the requirements of
Sections 171.003-171.007, Local Government Code.
SECTION ____. Section 12.1055(b), Education Code, is
amended to read as follows:
(b) Notwithstanding Subsection (a), if an open-enrollment
charter school satisfies all performance standards [is rated
academically acceptable or higher] under Section 39.054(d)
[Chapter 39] for at least two of the preceding three school years,
then Chapter 573, Government Code, does not apply to that school;
however, a member of the governing body of a charter holder or a
member of the governing body or officer of an open-enrollment
charter school shall comply with the requirements of Sections
171.003-171.007, Local Government Code, with respect to a personnel
matter concerning a person related to the member or officer within
the degree specified by Section 573.002, Government Code, as if the
personnel matter were a transaction with a business entity subject
to those sections, and persons defined under Sections
573.021-573.025, Government Code, shall not constitute a quorum of
the governing body or any committee of the governing body.
SECTION ____. Section 12.1162(a), Education Code, is
amended to read as follows:
(a) The commissioner shall take any of the actions described
by Subsection (b) or by Section 39.101(a) [39.131(a)], to the
extent the commissioner determines necessary, if an
open-enrollment charter school, as determined by a report issued
under Section 39.058(b) [39.076(b)]:
(1) commits a material violation of the school's
charter;
(2) fails to satisfy generally accepted accounting
standards of fiscal management; or
(3) fails to comply with this subchapter or another
applicable rule or law.
SECTION ____. Section 18.006(a), Education Code, is amended
to read as follows:
(a) The commissioner shall develop and implement a system of
accountability consistent with Chapter 39, where appropriate, to be
used in assigning an annual performance rating to Job Corps diploma
programs comparable to the ratings assigned to school districts
under Section 39.054 [39.072].
SECTION ____. Section 21.354(e), Education Code, is amended
to read as follows:
(e) The appraisal of a principal shall include
consideration of the performance of a principal's campus on the
student achievement indicators established under Section 39.053
[39.051] and the campus's objectives established under Section
11.253, including performance gains of the campus and the
maintenance of those gains.
SECTION ____. Section 21.357(c), Education Code, is amended
to read as follows:
(c) A performance incentive awarded to a principal under
this section must be distributed to the principal's school and used
in the manner determined by the campus-level committee established
under Section 11.253 in accordance with the requirements of Section
39.264(a) [39.094(a)].
SECTION ____. Section 21.4541(b), Education Code, is
amended to read as follows:
(b) A school district or campus is eligible to participate
in the pilot program under this section if the district or campus
meets the eligibility criteria established as provided by Section
39.408 [39.358].
SECTION ____. Section 21.4551(c), Education Code, is
amended to read as follows:
(c) The commissioner by rule shall require a teacher to
attend a reading academy if the teacher provides instruction in
reading, mathematics, science, or social studies to students at the
sixth, seventh, or eighth grade level at a campus that fails to
satisfy any standard [is considered academically unacceptable]
under Section 39.054(d) [39.132] on the basis of student
performance on the reading assessment instrument administered
under Section 39.023(a) to students in any grade level at the
campus.
(6) Add the following appropriately numbered SECTIONS to
the bill (page 2, between lines 59 and 60):
SECTION ____. 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 39.301(c)(4)
[39.051(b)(8)] and may implement sanctions under Subchapter E [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 ____. Section 28.014(d), Education Code, is amended
to read as follows:
(d) The agency, in coordination with the Texas Higher
Education Coordinating Board, shall adopt a series of questions to
be included in an end-of-course assessment instrument administered
under Subsection (c) to be used for purposes of Section
51.3062. The questions must be developed in a manner consistent
with any college readiness standards adopted under Sections 39.233
[39.113] and 51.3062. A student's performance on a question
adopted under this subsection may not be used to determine the
student's performance on an end-of-course assessment instrument.
(7) In SECTION 6 of the bill, in the recital (page 2, line
66), strike "and (i)" and substitute "(i), and (k)".
(8) In SECTION 6 of the bill, in amended Section 28.0211,
Education Code (page 5, between lines 32 and 33), add the following:
(k) The commissioner shall adopt rules as necessary to
implement this section, including rules concerning when school
districts shall administer assessment instruments required under
this section and which administration of the assessment instruments
will be used for purposes of Section 39.053 [39.051].
(9) In SECTION 7 of the bill, in amended Section
28.025(b-1)(1)(A), Education Code (page 6, line 2), between
"Section 28.002(a)(1)" and the semicolon, insert ", including at
least one-half credit in government and at least one-half credit in
economics to meet the social studies requirement".
(10) Add the following appropriately numbered SECTION to
the bill (page 6, between lines 46 and 47):
SECTION ____. Section 29.062(a), Education Code, is amended
to read as follows:
(a) The legislature recognizes that compliance with this
subchapter is an imperative public necessity. Therefore, in
accordance with the policy of the state, the agency shall evaluate
the effectiveness of programs under this subchapter based on the
student achievement [academic excellence] indicators adopted under
Section 39.053 [39.051(a)], including the results of assessment
instruments. The agency may combine evaluations under this section
with federal accountability measures concerning students of
limited English proficiency.
(11) Add the following appropriately numbered SECTIONS to
the bill (page 6, between lines 56 and 57):
SECTION ____. Section 29.095(a)(1), Education Code, as
added by Chapter 1058 (H.B. 2237), Acts of the 80th Legislature,
Regular Session, 2007, is amended to read as follows:
(1) "Council" means the High School Completion and
Success Initiative Council established under Subchapter M [L],
Chapter 39.
SECTION ____. Section 29.095(c), Education Code, as added
by Chapter 1058 (H.B. 2237), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(c) The commissioner may award a grant in an amount not to
exceed $5,000 in a school year to a school district on behalf of a
student club at a district high school campus that is eligible under
the criteria established under Section 39.408 [39.358]. To be
eligible for a grant, the student club and the club's sponsor must
be sanctioned by the campus and district. A grant awarded under this
program must be matched by other federal, state, or local funds,
including donations, in an amount equal to the amount of the grant.
A district shall seek donations or sponsorships from local
businesses or community organizations to raise the matching
funds. The commissioner may award a grant on behalf of more than
one student club at a campus in the same school year.
SECTION ____. Sections 29.096(a) and (c), Education Code,
are amended to read as follows:
(a) In this section, "council" means the High School
Completion and Success Initiative Council established under
Subchapter M [L], Chapter 39.
(c) A school district or open-enrollment charter school is
eligible to participate and receive a grant under this section
under the eligibility criteria established under Section 39.408
[39.358].
SECTION ____. Section 29.097(a)(1), Education Code, is
amended to read as follows:
(1) "Council" means the High School Completion and
Success Initiative Council established under Subchapter M [L],
Chapter 39.
SECTION ____. Section 29.097(c), Education Code, is amended
to read as follows:
(c) The commissioner may select for participation in the
pilot program only a campus that is eligible under the criteria
established under Section 39.408 [39.358].
SECTION ____. Section 29.098(c), Education Code, is amended
to read as follows:
(c) The commissioner of education may select for
participation in the pilot program only a campus that is eligible
under the criteria established under Section 39.408 [39.358].
SECTION ____. Section 29.202(a), Education Code, is amended
to read as follows:
(a) A student is eligible to receive a public education
grant or to attend another public school in the district in which
the student resides under this subchapter if the student is
assigned to attend a public school campus:
(1) at which 50 percent or more of the students did not
perform satisfactorily on an assessment instrument administered
under Section 39.023(a) or (c) in any two of the preceding three
years; or
(2) that [was], at any time in the preceding three
years, failed to satisfy any standard [considered academically
unacceptable] under Section 39.054(d) [39.132].
(12) Add the following appropriately numbered SECTIONS to
the bill (page 7, between lines 23 and 24):
SECTION ____. Section 29.906(e), Education Code, is amended
to read as follows:
(e) The agency shall:
(1) maintain a list of character education programs
that school districts have implemented that meet the criteria under
Subsection (b);
(2) based on data reported by districts, annually
designate as a Character Plus School each school that provides a
character education program that:
(A) meets the criteria prescribed by Subsection
(b); and
(B) is approved by the committee selected under
Subsection (c); and
(3) include in the report required under Section
39.332 [39.182]:
(A) based on data reported by districts, the
impact of character education programs on student discipline and
academic achievement; and
(B) other reported data relating to character
education programs the agency considers appropriate for inclusion.
SECTION ____. Sections 29.918(a) and (c), Education Code,
are amended to read as follows:
(a) Notwithstanding Section 39.234 [39.114] or 42.152, a
school district or open-enrollment charter school with a high
dropout rate, as determined by the commissioner, must submit a plan
to the commissioner describing the manner in which the district or
charter school intends to use the compensatory education allotment
under Section 42.152 and the high school allotment under Section
42.2516(b)(3) for developing and implementing research-based
strategies for dropout prevention. The district or charter school
shall submit the plan not later than December 1 of each school year
preceding the school year in which the district or charter school
will receive the compensatory education allotment or high school
allotment to which the plan applies.
(c) The commissioner shall adopt rules to administer this
section. The commissioner may impose interventions or sanctions
under Section 39.101 [39.131] or 39.103 [39.1321] if a school
district or open-enrollment charter school fails to timely comply
with this section.
SECTION ____. Section 30A.101, Education Code, is amended
to read as follows:
Sec. 30A.101. ELIGIBILITY TO ACT AS PROVIDER SCHOOL
DISTRICT OR SCHOOL. (a) A school district is eligible to act as a
provider school district under this chapter only if the district is
rated accredited [academically acceptable or higher] under Section
39.052 [39.072].
(b) An open-enrollment charter school is eligible to act as
a provider school under this chapter only if the school satisfies
all performance standards [is rated recognized or higher] under
Section 39.054(d) [39.072], and may serve as a provider school
only:
(1) to a student within the school district in which
the school is located or within its service area, whichever is
smaller; or
(2) to another student in the state through an
agreement with the administering authority under Section 30A.153.
SECTION ____. Section 32.157(a), Education Code, is amended
to read as follows:
(a) After the expiration of the pilot project, the agency
may review the pilot project based on the annual reports the agency
receives from the board of trustees of participating school
districts. The agency may include the review of the pilot project
in the comprehensive annual report required under Section 39.332
[39.182] that covers the 2010-2011 school year.
(13) In SECTION 21 of the bill, in proposed Section
39.053(g-1)(2), Education Code (page 19, line 16), strike "and".
(14) In SECTION 21 of the bill, in proposed Section
39.053(g-1)(4), Education Code (page 19, lines 19-21), strike
"students who first enrolled in U.S. schools in grades 7 through 12
as unschooled refugees or asylees per Section 39.027(a-2)" and
substitute "students whose initial enrollment in a school in the
United States in grades 7 through 12 was as unschooled refugees or
asylees as defined by Section 39.027(a-2)".
(15) In SECTION 21 of the bill, in proposed Section
39.053(g-1)(5), Education Code (page 19, line 24), strike
"nonstudents" and substitute "not students".
(16) In SECTION 21 of the bill, in proposed Section
39.054(e), Education Code (page 22, line 33), strike "the provision
of this section" and substitute "this subsection".
(17) In SECTION 21 of the bill, in proposed Section 39.055,
Education Code (page 22, line 41), strike "government entity" and
substitute "governmental entity".
(18) Add the following appropriately numbered SECTION to
the bill (page 52, between lines 54 and 55):
SECTION ____. Section 42.002(b), Education Code, is amended
to read as follows:
(b) The Foundation School Program consists of:
(1) two tiers that in combination provide for:
(A) sufficient financing for all school
districts to provide a basic program of education that is rated
accredited [academically acceptable or higher] under Section
39.052 [39.072] and meets other applicable legal standards; and
(B) substantially equal access to funds to
provide an enriched program; and
(2) a facilities component as provided by Chapter 46.
(19) Add the following appropriately numbered SECTION to
the bill (page 54, between lines 31 and 32):
SECTION ____. Section 302.006(c), Labor Code, is amended to
read as follows:
(c) To be eligible to receive a scholarship awarded under
this section, a person must:
(1) be employed in a child-care facility, as defined
by Section 42.002, Human Resources Code;
(2) intend to obtain a credential, certificate, or
degree specified in Subsection (b);
(3) agree to work for at least 18 additional months in
a child-care facility, as defined by Section 42.002, Human
Resources Code, that accepts federal Child Care Development Fund
subsidies and that, at the time the person begins to fulfill the
work requirement imposed by this subdivision, is located:
(A) within the attendance zone of a public school
campus considered low-performing under Section 39.102 [39.132],
Education Code; or
(B) in an economically disadvantaged community,
as determined by the commission; and
(4) satisfy any other requirements adopted by the
commission.
(20) In SECTION 26 of the bill (page 54, between lines 67 and
68) add the following:
(d) In conjunction with the transition plan prepared and
delivered under this section, the commissioner of education shall
provide for an equivalence of a performance rating, accreditation
status, distinction designation, or performance indicator, as
applicable, for each statutory performance rating or performance
indicator that is superseded by this Act.
(21) Renumber SECTIONS of the bill accordingly.