This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

  81R8226 CAS-D
 
  By: Dukes H.B. No. 1238
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to sanctions that may be imposed on public school campuses
  identified as academically unacceptable for two consecutive school
  years.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.1324, Education Code, is amended to
  read as follows:
         Sec. 39.1324.  MANDATORY SANCTIONS. (a)  If a campus has
  been identified as academically unacceptable for two consecutive
  school years, including the current school year, the commissioner
  shall [order the reconstitution of the campus and] assign a campus
  intervention team.  The [In reconstituting the campus, a] campus
  intervention team shall assist the campus in:
               (1)  developing a school improvement plan in
  consultation with parents and guardians of campus students and
  other interested persons in the community;
               (2)  obtaining approval of the plan from the
  commissioner; and
               (3)  executing the plan on approval by the
  commissioner.
         (b)  The campus intervention team, in consultation with
  school district officials, the campus-level planning and
  decision-making committee established under Subchapter F, Chapter
  11, other parents and guardians of campus students, and other
  interested persons in the community, 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
  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, in consultation with school district officials, the
  campus-level planning and decision-making committee, other parents
  and guardians of campus students, and other interested persons in
  the community, 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), in conjunction with
  school district officials and the campus-level planning and
  decision-making committee, shall implement the school improvement
  plan as approved by the commissioner and shall make the plan
  available to interested persons on request.  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 school improvement plan, the
  commissioner may, in consultation with school district and campus
  officials and the campus-level planning and decision-making
  committee, take any of the following actions:
               (1)  replace any campus employee determined to be
  contributing to the continued failure to meet state performance
  standards;
               (2)  implement a new, scientifically-based curriculum
  and professional development training in providing instruction in
  that curriculum;
               (3)  increase the number of hours in the school day or
  the number of days of instruction in the school year;
               (4)  appoint a person from outside the campus who has
  relevant professional experience in education to assist the campus
  in making progress, as provided by the campus improvement plan,
  towards meeting state performance standards; or
               (5)  decrease the authority of the campus
  administrators in managing the campus or otherwise restructure the
  campus's management or administrative structure [pursue
  alternative management of the campus under Section 39.1327 or may
  order closure of the campus].
         (e)  If a campus is considered an academically unacceptable
  campus for the subsequent school year after the campus intervention
  team is assigned [reconstituted] under this section, the
  commissioner shall review the progress of the campus and may, in
  consultation with school district and campus officials and the
  campus-level planning and decision-making committee, take any
  action authorized under Subsection (d) [order closure of the campus
  or pursue alternative management under Section 39.1327].
         (f)  If a campus is considered academically unacceptable for
  two consecutive school years after the campus intervention team is
  assigned [reconstituted] under Subsection (a), the commissioner
  shall review the progress of the campus and shall, in consultation
  with school district and campus officials and the campus-level
  planning and decision-making committee, take one or more actions
  authorized under Subsection (d) [order closure of the campus or
  pursue alternative management under Section 39.1327].
         SECTION 2.  Section 39.1323(f), Education Code, is repealed.
         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.