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A BILL TO BE ENTITLED
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AN ACT
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relating to sanctions for public schools designated academically |
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unacceptable. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.1322, Education Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) If the commissioner appoints a monitor, conservator, |
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management team, or board of managers to the district under Section |
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39.1324(c), a technical assistance team or campus intervention team |
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appointed under this section shall work with and under the |
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direction of the monitor, conservator, management team, or board of |
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managers. The monitor, conservator, management team, or board of |
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managers may recommend to the commissioner that all or part of the |
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services of a technical assistance team or campus intervention team |
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are no longer needed at a campus. |
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SECTION 2. Sections 39.1324(c), (d), (e), and (f), |
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Education Code, are amended to read as follows: |
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(c) A campus subject to Subsection (a) shall implement the |
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school improvement plan as approved by the commissioner. The |
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commissioner may appoint a monitor, conservator, management team, |
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or [a] board of managers to the district to ensure and oversee the |
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implementation of the school improvement plan. In making an |
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appointment under this subsection, the commissioner shall consider |
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individuals who have demonstrated success working in the management |
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of campuses with student populations similar to the student |
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population of the campus subject to the appointment. |
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(d) Notwithstanding any other provision of this subchapter, |
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if the commissioner determines that a campus subject to Subsection |
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(a) is not fully implementing the school improvement plan, the |
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commissioner may order: |
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(1) repurposing [pursue alternative management] of |
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the campus under Section 39.1327; or |
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(2) [may order] closure of the campus. |
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(e) If a campus is considered an academically unacceptable |
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campus for the subsequent school year after the campus is |
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reconstituted under this section, the commissioner shall review the |
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progress of the campus and may order: |
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(1) repurposing of the campus under Section 39.1327; |
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or |
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(2) closure of the campus [or pursue alternative
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management under Section 39.1327]. |
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(f) If a campus is considered academically unacceptable for |
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two consecutive school years after the campus is reconstituted |
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under Subsection (a), the commissioner shall order: |
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(1) repurposing of the campus under Section 39.1327; |
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or |
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(2) closure of the campus [or pursue alternative
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management under Section 39.1327]. |
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SECTION 3. Section 39.1327, Education Code, is amended to |
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read as follows: |
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Sec. 39.1327. REPURPOSING [MANAGEMENT] OF CERTAIN |
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ACADEMICALLY UNACCEPTABLE CAMPUSES. (a) A campus may be subject |
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to this section if the campus has been identified as academically |
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unacceptable under Section 39.132 and the commissioner orders |
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repurposing of the campus [alternative management] under Section |
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39.1324(d), (e), or (f). |
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(b) [The commissioner shall solicit proposals from
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qualified nonprofit entities to assume management of a campus
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subject to this section or may appoint to assume management of a
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campus subject to this section a school district other than the
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district in which the campus is located that is located in the
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boundaries of the same regional education service center as the
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campus is located.
A district appointed under this section shall
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assume management of a campus subject to this section in the same
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manner provided by this section for a qualified nonprofit entity or
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in accordance with commissioner rule.
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[(c)] If the commissioner determines that the basis for |
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identifying a campus as academically unacceptable is limited to a |
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specific condition that may be remedied with targeted technical |
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assistance, the commissioner may: |
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(1) provide the campus a one-year waiver under this |
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section; and |
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(2) require the district to contract for the |
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appropriate technical assistance. |
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(c) A district ordered to repurpose a campus under Section |
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39.1324 shall submit a plan to the commissioner for approval. The |
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plan must include a description of a rigorous and relevant academic |
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program for the campus. The plan may include various instructional |
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models. |
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(d) The commissioner may not approve the repurposing of a |
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campus under Section 39.1324 unless: |
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(1) at least 50 percent of the students enrolled at the |
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campus in the school year immediately preceding the repurposing of |
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the campus are provided with the opportunity to enroll at another |
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school, which may include another school on the same campus; |
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(2) the principal is not retained at the campus; and |
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(3) at least 75 percent of the teachers employed at the |
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campus in the school year immediately preceding the repurposing of |
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the campus are not retained at the campus, unless an exception is |
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granted under Subsection (e). |
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(e) The commissioner or a management team appointed under |
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Section 39.1324(c) may grant an exception to the requirement |
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provided by Subsection (d) (3) for a teacher who provides |
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instruction in a subject other than a subject for which an |
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assessment instrument is administered under Section 39.023 (a) or |
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(c). At the request of a district that is comprised of a single |
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school providing instruction at the effected grade level, the |
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commissioner may grant an exception to the requirement provided b |
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Subsection (d)(1) if the commissioner finds that there is no school |
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in the district in which the students may enroll. If the |
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commissioner grants an exception to the requirement provided by |
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Subsection (d)(1), he may order the school district to provide |
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students with more intensive academic intervention. At the request |
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of the district, the commissioner may grant an exception to the |
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requirement provided by Subsection (d) (3) for a teacher who |
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provides instruction in a subject for which an assessment |
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instrument is administered under Section 39.023 (a) or (c) if the |
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district demonstrates that the students of the teacher demonstrated |
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improved academic growth [performed at or above the statewide |
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average on the assessment instrument for] in the teacher's subject ] in the teacher's subject |
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of instruction [that was administered under Section 39.023(a) of |
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(c)] in the school year immediately preceding the repurposing of ] in the school year immediately preceding the repurposing of |
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the campus. The commissioner shall adopt objective standards for |
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determining improved academic growth. |
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(f) If an educator is not retained under Subsection (d), |
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the educator may be assigned to another position in the district. |
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[(d)
The commissioner may annually solicit proposals under
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this section for the management of a campus subject to this
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section.
The commissioner shall notify a qualified nonprofit
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entity that has been approved as a provider under this
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section.
The district must execute a contract with an approved
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provider and relinquish control of the campus before January 1 of
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the school year.
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[(e)
To qualify for consideration as a managing entity under
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this section, the entity must submit a proposal that provides
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information relating to the entity's management and leadership team
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that will participate in management of the campus under
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consideration, including information relating to individuals that
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have:
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[(1)
documented success in whole school interventions
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that increased the educational and performance levels of students
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in academically unacceptable campuses;
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[(2)
a proven record of effectiveness with programs
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assisting low-performing students;
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[(3)
a proven ability to apply research-based school
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intervention strategies;
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[(4)
a proven record of financial ability to perform
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under the management contract; and
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[(5)
any other experience or qualifications the
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commissioner determines necessary.
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[(f)
In selecting a managing entity under this section, the
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commissioner shall give preference to a nonprofit entity that:
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[(1) meets any qualifications under this section; and
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[(2)
has documented success in educating students from
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similar demographic groups and with similar educational needs as
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the students who attend the campus that is to be operated by a
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managing entity under this section.
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[(g)
The school district may negotiate the term of a
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management contract for not more than five years with an option to
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renew the contract.
The management contract must include a
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provision describing the district's responsibilities in supporting
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the operation of the campus. The commissioner shall approve the
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contract before the contract is executed and, as appropriate, may
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require the district, as a term of the contract, to support the
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campus in the same manner as the district was required to support
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the campus before the execution of the management contract.
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[(h)
A management contract under this section shall include
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provisions approved by the commissioner that require the managing
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entity to demonstrate improvement in campus performance, including
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negotiated performance measures.
The performance measures must be
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consistent with the priorities of this chapter.
The commissioner
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shall evaluate a managing entity's performance on the first and
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second anniversaries of the date of the management contract. If the
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evaluation fails to demonstrate improvement as negotiated under the
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contract by the first anniversary of the date of the management
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contract, the district may terminate the management contract, with
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the commissioner's consent, for nonperformance or breach of
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contract and select another provider from an approved list provided
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by the commissioner. If the evaluation fails to demonstrate
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significant improvement, as determined by the commissioner, by the
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second anniversary of the date of the management contract, the
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district shall terminate the management contract and select another
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provider from an approved list provided by the commissioner or
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resume operation of the campus if approved by the commissioner. If
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the commissioner approves the district's operation of the campus,
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the commissioner shall assign a technical assistance team to assist
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the campus.
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[(i)
Notwithstanding any other provision of this code, the
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funding for a campus operated by a managing entity must be not less
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than the funding of the other campuses in the district on a per
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student basis so that the managing entity receives at least the same
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funding the campus would otherwise have received.
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[(j)
Each campus operated by a managing entity under this
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section is subject to this chapter in the same manner as any other
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campus in the district.
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[(k)
The commissioner may adopt rules necessary to
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implement this section.
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[(l)
With respect to the management of a campus under this
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section:
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[(1)
a managing entity is considered to be a
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governmental body for purposes of Chapters 551 and 552, Government
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Code; and
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[(2)
any requirement in Chapter 551 or 552, Government
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Code, that applies to a school district or the board of trustees of
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a school district applies to a managing entity.] |
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SECTION 4. Section 39.134, Education Code, is amended to |
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read as follows: |
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Sec. 39.134. COSTS PAID BY DISTRICT. The costs of |
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providing a monitor, conservator, management team, campus |
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intervention team, technical assistance team, [managing entity
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under Section 39.1327,] or service provider under Section 39.1331 |
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shall be paid by the district. If the district fails or refuses to |
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pay the costs in a timely manner, the commissioner may: |
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(1) pay the costs using amounts withheld from any |
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funds to which the district is otherwise entitled; or |
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(2) recover the amount of the costs in the manner |
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provided for recovery of an overallocation of state funds under |
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Section 42.258. |
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SECTION 5. Section 39.135(c), Education Code, is amended to |
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read as follows: |
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(c) A conservator or management team, if directed by the |
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commissioner, shall prepare a plan for the implementation of action |
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under Section 39.131(a)(9) or (10). The conservator or management |
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team: |
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(1) may direct an action to be taken by the principal |
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of a campus, the superintendent of the district, or the board of |
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trustees of the district; |
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(2) may approve or disapprove any action of the |
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principal of a campus, the superintendent of the district, or the |
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board of trustees of the district; |
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(3) may not take any action concerning a district |
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election, including ordering or canceling an election or altering |
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the date of or the polling places for an election; |
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(4) may not change the number of or method of selecting |
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the board of trustees; |
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(5) may not set a tax rate for the district; [and] |
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(6) may not adopt a budget for the district that |
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provides for spending a different amount, exclusive of required |
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debt service, from that previously adopted by the board of |
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trustees; and |
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(7) may recommend to the commissioner that all or part |
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of the services of a technical assistance team or campus |
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intervention team appointed under Section 39.1322 are no longer |
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needed at a campus. |
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SECTION 6. A campus ordered to pursue alternative |
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management under Section 39.1324, Education Code, as that section |
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existed immediately before the effective date of this Act, and that |
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entered into a contract with a managing entity under Section |
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39.1327, Education Code, as that section existed immediately before |
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the effective date of this Act, is governed by Section 39.1327, |
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Education Code, as that section existed immediately before the |
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effective date of this Act, until the expiration of the contract, |
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and Section 39.1327, Education Code, as that section existed |
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immediately before the effective date of this Act, continues in |
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effect for that purpose. |
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SECTION 7. 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. |