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A BILL TO BE ENTITLED
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AN ACT
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relating to sanctions available for certain academically |
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unacceptable campuses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.1323, Education Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) Notwithstanding any other provision of this chapter, |
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the commissioner may not impose on a campus for which a campus |
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intervention team has been appointed under Section 39.1322(b) any |
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additional sanctions until: |
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(1) the campus intervention team has completed the |
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comprehensive on-site evaluation required under Subsection (a)(1) |
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and the comprehensive on-site needs assessment under Subsection |
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(b); |
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(2) the campus intervention team has made |
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recommendations for a school improvement plan as provided by |
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Subsection (a)(3); and |
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(3) the campus has received any financial or other |
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assistance determined necessary under the evaluation process to |
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implement the school improvement plan. |
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SECTION 2. Sections 39.1324(a), (b), (c), and (d), |
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Education Code, are amended to read as follows: |
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(a) If a campus has been identified as academically |
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unacceptable for two consecutive school years, including the |
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current school year, and has been capable as provided by Section |
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39.1323(g) of implementing a school improvement plan for two |
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complete school years after the appointment of a campus |
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intervention team under Section 39.1322(b), the commissioner may |
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[shall] order the reconstitution of the campus and assign a campus |
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intervention team under this section. In any reconstitution of |
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[reconstituting] the campus, a campus intervention team shall |
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assist the campus in: |
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(1) developing a revised school improvement plan; |
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(2) obtaining approval of the plan from the |
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commissioner; and |
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(3) executing the plan on approval by the |
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commissioner. |
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(b) The campus intervention team shall decide which |
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educators may be retained at a reconstituted [that] campus. [A
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principal who has been employed by the campus in that capacity
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during the full two-year period described by Subsection (a) may not
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be retained at that campus.] A teacher of a subject assessed by an |
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assessment instrument under Section 39.023 may be retained only if |
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the campus intervention team determines that a pattern exists of |
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significant academic improvement by students taught by the teacher. |
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If an educator is not retained, the educator may be assigned to |
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another position in the district. The fact that an educator is not |
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retained under this subsection does not constitute good cause under |
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Chapter 21 for suspension of the educator without pay, nonrenewal |
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or termination of the educator's contract, or discharge of the |
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educator. |
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(c) A campus reconstituted under this section [subject to
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Subsection (a)] shall implement the revised school improvement plan |
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as approved by the commissioner. The commissioner may appoint a |
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monitor, conservator, management team, or [a] board of managers to |
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the district to ensure and oversee the implementation of the school |
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improvement plan. |
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(d) Notwithstanding any other provision of this subchapter, |
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if the commissioner determines that a campus reconstituted under |
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this section [subject to Subsection (a)] is not fully implementing |
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the revised school improvement plan, the commissioner may pursue |
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alternative management of the campus under Section 39.1327 or may |
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order closure of the campus. |
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SECTION 3. Section 39.1327(a), Education Code, is amended |
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to read as follows: |
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(a) A campus may be subject to this section if the campus has |
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been identified as academically unacceptable under Section 39.132 |
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and the commissioner orders alternative management under Section |
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39.1324(d) or [,] (e)[, or (f)]. |
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SECTION 4. Sections 39.116 and 39.1324(f), Education Code, |
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are repealed. |
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SECTION 5. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |