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Amend CSSB 3 as follows:
(1) In SECTION 21 of the bill, in proposed Section
39.106(e), Education Code (page 32, line 49), strike "or".
(2) In SECTION 21 of the bill, in proposed Section
39.106(e), Education Code (page 32, line 50), between "(3)" and
"closure" insert the following:
the authority of the campus transferred to the recovery school
district established under Section 39.1061; or
(4)
(3) In Section 21 of the bill, in proposed Subchapter E,
Chapter 39, Education Code (page 34, between lines 53 and 54) add
the following:
Sec. 39.1061. RECOVERY SCHOOL DISTRICT. (a) The recovery
school district is created for the purpose of direct state
oversight of failing campuses, excluding open-enrollment charter
schools. The recovery school district has the powers of school
districts generally, except as provided by this section.
(b) The commissioner shall appoint a board of trustees for
the recovery school district. The board serves without
compensation and at the pleasure of the commissioner. The board is
responsible for employing a superintendent and other central office
staff for the recovery school district. The commissioner may
assign agency staff to act on behalf of the recovery school
district.
(c) Immediately on the determination that a campus is
subject to Section 39.106(e), the commissioner may transfer
authority of the campus to the recovery school district. On the
transfer to the recovery school district, the superintendent shall
determine which employees at the campus are to be retained and
notify the school district on or before the 90th day after the date
the determination is made. Employees previously assigned to the
campus remain employees of the school district subject to the terms
of their employment contracts.
(d) The superintendent may employ staff to operate a campus
transferred to the recovery school district or may contract with a
school district, regional education service center, or other
governmental entity or a qualified entity as determined by Section
39.106(k) for any services necessary at the campus.
(e) Employees of the recovery school district who are not
agency employees and who qualify for membership in the Teacher
Retirement System of Texas are covered under that system to the same
extent a qualified employee of a school district is covered. For
each employee of the recovery school district covered under the
Teacher Retirement System of Texas, the recovery school district is
responsible for making any contribution that otherwise would be the
legal responsibility of a school district, and the state is
responsible for making contributions to the same extent the state
would be legally responsible if the employee were a school district
employee.
(f) The recovery school district and the board of trustees
of the recovery school district are entitled to immunity in the same
manner as the agency and school district board members. Employees
and volunteers of the recovery school district are immune from
liability to the same extent as school district board members,
employees, and volunteers.
(g) The recovery school district is entitled to state
funding for students enrolled at a campus transferred to the
recovery school district in the same manner as the school district
in which the campus is located. A school district may be required
to transfer to the recovery school district state, local, and
federal funds that would otherwise be expended for the benefit of
the campus or to hold such funds in a separate account for the
benefit of the campus and make payments as directed by the
superintendent. The commissioner may require a school district to
continue to provide transportation, payroll, accounting,
recordkeeping, or any other service to the campus in the same manner
as a service was provided before transfer to the recovery school
district. The commissioner shall pay a reasonable fee for the
services. A determination of the amount attributable to a campus,
of services required, or of a fee for services made by the
commissioner under this subsection is final and may not be
appealed. The commissioner may appoint a conservator or management
team or take any other action necessary to ensure cooperation with
the school district for the benefit of a campus transferred to the
recovery school district.
(h) A campus transferred to the recovery school district
shall be evaluated and assigned a rating under this chapter in the
same manner as any other campus. The campus shall be returned to
the control of the school district following the second year in
which the campus meets all academic standards generally applicable
to school district campuses.
(i) Nothing in this section shall be construed to require
the commissioner to transfer a campus to the recovery school
district or limit the authority of the commissioner to order
reconstitution, repurposing, alternative management, or closure of
a campus, including a campus transferred to the recovery school
district.
(j) The recovery school district may not levy a tax or
exercise any power of eminent domain. The transfer of a campus to
the recovery school district does not change the boundaries of the
school district in which the campus is located or affect the
validity of any tax levy by the school district.