By: Allen H.B. No. 4053

A BILL TO BE ENTITLED

AN ACT

relating to mandatory sanctions for certain academically unacceptable public school campuses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 39.1324, Education Code, is amended by amending Subsections (a), (b), and (e) and adding Subsection (a-1) to read as follows:

(a) Except as provided by Subsection (a-1), if [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. In reconstituting the campus, a campus intervention team shall assist the campus in:

(1) developing a school improvement plan;

(2) obtaining approval of the plan from the commissioner; and

(3) executing the plan on approval by the commissioner.

(a-1) The commissioner is not required to take action under Subsection (a) during the second consecutive year for which a campus is identified as academically unacceptable or, regardless of the continued identification of the campus as academically unacceptable, during the next school year if:

(1) the campus demonstrates improvement, as measured from the preceding school year, in relation to performance on the indicator or indicators under Section 39.051 on which the identification as academically unacceptable for the current school year is based; or

(2) the identification of the campus as academically unacceptable for the current year is based on a single indicator under Section 39.051 that:

(A) was not a basis for identification of the campus as academically unacceptable for the preceding school year; and

(B) is based on the performance of a group of students that does not constitute more than 30 percent of the total campus student population.

(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 described by Subsection (a) or (a-1), as applicable, and whose campus has not demonstrated adequate improvement 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.

(e) If a campus is considered an academically unacceptable campus for the subsequent school year after the campus is reconstituted under this section, the commissioner shall review the progress of the campus and may order closure of the campus or pursue alternative management under Section 39.1327. This subsection does not apply if the identification as academically unacceptable is based on a single indicator under Section 39.051 that:

(A) was not a basis for identification of the campus as academically unacceptable for the preceding school year; and

(B) is based on the performance of a group of students that does not constitute more than 30 percent of the total campus student population.

SECTION 2. This Act applies beginning with the 2009-2010 school year.

SECTION 3. 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.