81R5185 PAM-F
 
  By: Howard of Travis H.B. No. 771
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to sanctions available for certain academically
  unacceptable campuses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.1323, Education Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  Notwithstanding any other provision of this chapter,
  the commissioner may not impose on a campus for which a campus
  intervention team has been appointed under Section 39.1322(b) any
  additional sanctions until:
               (1)  the campus intervention team has completed the
  comprehensive on-site evaluation required under Subsection (a)(1)
  and the comprehensive on-site needs assessment under Subsection
  (b);
               (2)  the campus intervention team has made
  recommendations for a school improvement plan as provided by
  Subsection (a)(3); and
               (3)  the campus has received any financial or other
  assistance determined necessary under the evaluation process to
  implement the school improvement plan.
         SECTION 2.  Sections 39.1324(a), (b), (c), and (d),
  Education Code, are amended to read as follows:
         (a)  If a campus has been identified as academically
  unacceptable for two consecutive school years, including the
  current school year, and has been capable as provided by Section
  39.1323(g) of implementing a school improvement plan for two
  complete school years after the appointment of a campus
  intervention team under Section 39.1322(b), the commissioner shall
  order the reconstitution of the campus and assign a campus
  intervention team under this section. In reconstituting the
  campus, a campus intervention team shall assist the campus in:
               (1)  developing a revised 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 during which the campus has been identified as academically
  unacceptable [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
  revised 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 revised school improvement plan,
  the commissioner may pursue alternative management of the campus
  under Section 39.1327 or may order closure of the campus.
         SECTION 3.  This Act applies beginning with the 2009-2010
  school year.
         SECTION 4.  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, 2009.