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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 subchapter, |
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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); |
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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; and |
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(4) the campus has two complete school years during |
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which to 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 reconstituting the |
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campus, a campus intervention team shall 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 that campus. A principal who has been |
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employed by the campus in that capacity during the full two-year |
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period during which the campus has been identified as academically |
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unacceptable [described by Subsection (a)] may not be retained at |
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that campus. A teacher of a subject assessed by an assessment |
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instrument under Section 39.023 may be retained only if the campus |
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intervention team determines that a pattern exists of significant |
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academic improvement by students taught by the teacher. If an |
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educator is not retained, the educator may be assigned to another |
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position in the district. |
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(c) A campus subject to Subsection (a) shall implement the |
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revised school improvement plan as approved by the commissioner. |
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The commissioner may appoint a monitor, conservator, management |
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team, or [a] board of managers to the district to ensure and oversee |
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the implementation of the school improvement plan. |
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(d) Notwithstanding any other provision of this subchapter, |
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after the commissioner has ordered reconstitution of a campus under |
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this section and the campus has been capable of implementing a |
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revised school improvement plan as approved by the commissioner for |
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two complete school years: |
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(1) if the commissioner determines that the [a] campus |
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[subject to Subsection (a)] is not fully implementing the revised |
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school improvement plan or the campus's students fail to |
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demonstrate improved performance in the areas targeted by the |
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revised plan, the commissioner may pursue alternative management of |
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the campus under Section 39.1327; and |
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(2) if the campus's students demonstrate improved |
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performance in the areas targeted by the revised school improvement |
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plan, the commissioner may not impose any additional sanction on |
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the campus [or may order closure of the campus]. |
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SECTION 3. Subchapter G, Chapter 39, Education Code, is |
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amended by adding Section 39.1325 to read as follows: |
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Sec. 39.1325. CAMPUS NAME CHANGE PROHIBITED. |
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Notwithstanding any other provision of this subchapter, in |
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reconstituting a campus, redesigning a campus, or imposing any |
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other sanction on a campus under this subchapter, the name of the |
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campus may not be changed. |
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SECTION 4. Section 13.1327(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)[, (e), or (f)]. |
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SECTION 5. Sections 39.1324(e) and (f), Education Code, are |
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repealed. |
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SECTION 6. This Act applies beginning with the 2009-2010 |
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school year. |
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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. |