81R11165 KKA-F
 
  By: Isett H.B. No. 2869
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of home-rule school districts and certain
  school campuses and programs to adopt alternative accountability
  plans.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.013, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  Notwithstanding Subsection (b)(3)(P), a home-rule
  school district is not subject to provisions of this title relating
  to public school accountability under Subchapters B, C, D, and G,
  Chapter 39, or to rules adopted under those provisions if:
               (1)  the district submits to the commissioner an
  alternative accountability plan developed by the district that:
                     (A)  includes use of assessment instruments
  developed or adopted by the district to measure individual student
  progress; and
                     (B)  provides for accountability indicators that
  are consistent with the goals identified in the district's charter;
  and
               (2)  the alternative accountability plan is approved by
  the commissioner.
         SECTION 2.  Section 12.016, Education Code, is amended to
  read as follows:
         Sec. 12.016.  CONTENT. Each home-rule school district
  charter must:
               (1)  describe the educational program to be offered;
               (2)  provide that continuation of the home-rule school
  district charter is contingent on:
                     (A)  acceptable student performance on assessment
  instruments adopted under Subchapter B, Chapter 39, or alternative
  assessment instruments approved for that purpose under Section
  12.013(c); and
                     (B)  compliance with other applicable
  accountability provisions under Chapter 39 or an alternative
  accountability plan approved under Section 12.013(c);
               (3)  specify any basis, in addition to a basis
  specified by this subchapter, on which the charter may be placed on
  probation or revoked;
               (4)  describe the governing structure of the district
  and campuses;
               (5)  specify any procedure or requirement, in addition
  to those under Chapter 38, that the district will follow to ensure
  the health and safety of students and employees;
               (6)  describe the process by which the district will
  adopt an annual budget, including a description of the use of
  program-weight funds;
               (7)  describe the manner in which an annual audit of
  financial and programmatic operations of the district is to be
  conducted, including the manner in which the district will provide
  information necessary for the district to participate in the Public
  Education Information Management System (PEIMS) to the extent
  required by this subchapter; and
               (8)  include any other provision the charter commission
  considers necessary.
         SECTION 3.  Section 12.056, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  Notwithstanding Subsection (b)(2)(I), a campus or
  program for which a charter is granted under this subchapter is not
  subject to provisions of this title relating to public school
  accountability under Subchapters B, C, D, and G, Chapter 39, or to
  rules adopted under those provisions if:
               (1)  the campus or program submits to the commissioner
  an alternative accountability plan developed by the campus or
  program that:
                     (A)  includes use of assessment instruments
  developed or adopted by the campus or program to measure individual
  student progress; and
                     (B)  provides for accountability indicators that
  are consistent with the goals identified in the charter of the
  campus or program; and
               (2)  the alternative accountability plan is approved by
  the commissioner.
         SECTION 4.  Section 12.059, Education Code, is amended to
  read as follows:
         Sec. 12.059.  CONTENT. Each charter granted under this
  subchapter must:
               (1)  describe the educational program to be offered,
  which may be a general or specialized program;
               (2)  provide that continuation of the charter is
  contingent on satisfactory student performance under Subchapter B,
  Chapter 39, or under an alternative accountability plan approved
  under Section 12.056(c) and on compliance with other applicable
  accountability provisions under Chapter 39 or the alternative
  accountability plan;
               (3)  specify any basis, in addition to a basis
  specified by this subchapter, on which the charter may be placed on
  probation or revoked;
               (4)  prohibit discrimination in admission on the basis
  of national origin, ethnicity, race, religion, or disability;
               (5)  describe the governing structure of the campus or
  program;
               (6)  specify any procedure or requirement, in addition
  to those under Chapter 38, that the campus or program will follow to
  ensure the health and safety of students and employees; and
               (7)  describe the manner in which an annual audit of
  financial and programmatic operations of the campus or program is
  to be conducted, including the manner in which the campus or program
  will provide information necessary for the school district in which
  it is located to participate, as required by this code or by State
  Board of Education rule, in the Public Education Information
  Management System (PEIMS).
         SECTION 5.  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.