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A BILL TO BE ENTITLED
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AN ACT
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relating to the termination of employment by school districts of |
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district or campus administrators who exempt students from |
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administration of statewide assessment instruments under certain |
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circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 39, Education Code, is |
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amended by adding Section 39.0271 to read as follows: |
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Sec. 39.0271. WRONGFUL EXEMPTION FROM ADMINISTRATION; |
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TERMINATION OF EMPLOYMENT. (a) Using the data prepared for the |
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comprehensive annual report under Section 39.182(a)(3), if the |
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commissioner determines, in accordance with commissioner rule, |
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that a campus or school district has granted an unusually high |
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number or percentage of exemptions or an unusually high number or |
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percentage of exemptions on a particular basis from the |
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administration of an assessment instrument under Section 39.023, |
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the commissioner shall order an investigation by the agency's |
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office of inspector general of the campus or district exemption |
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process, as applicable, and of each administrator with |
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responsibility for granting or approving an exemption. |
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(b) Using any procedure required by Chapter 21 or other law, |
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a school district shall act to terminate the employment of a |
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district or campus administrator if, after a thorough investigation |
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by the office of inspector general, the office determines that the |
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administrator has exempted a student from the administration of an |
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assessment instrument primarily to increase the percentage of |
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students who perform satisfactorily on the assessment instruments |
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in the district or at the campus. |
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SECTION 2. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 3. 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. |