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  82R4078 KKA-D
 
  By: Guillen H.B. No. 1846
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to state interventions and sanctions under the public
  school accountability system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.103(a), Education Code, is amended to
  read as follows:
         (a)  If a campus performance is below any standard under
  Section 39.054(e), the commissioner may [shall] take actions, to
  the extent the commissioner determines necessary, as provided by
  this subchapter.
         SECTION 2.  Section 39.107, Education Code, is amended by
  amending Subsections (a), (a-1), (b), (b-1), (b-2), (c), (d), and
  (f) and adding Subsection (s) to read as follows:
         (a)  After a campus has been identified as unacceptable for
  two consecutive school years without improvements in performance,
  the commissioner may [shall] order the reconstitution of the campus
  by the school district.
         (a-1)  In reconstituting a campus, a school district [campus
  intervention team] shall assist the campus in:
               (1)  developing a [an updated] targeted improvement
  plan;
               (2)  submitting the [updated] targeted improvement
  plan to the board of trustees of the [school] district for approval
  and presenting the plan in a public hearing [as provided by Section
  39.106(e-1)];
               (3)  obtaining approval of the [updated] plan from the
  commissioner; and
               (4)  executing the plan on approval by the
  commissioner.
         (b)  The school district [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
  period described by Subsection (a) may not be retained at that
  campus unless the district [campus intervention team] determines
  that retention of the principal would be more beneficial to the
  student achievement and campus stability than removal.
         (b-1)  A teacher of a subject assessed by an assessment
  instrument under Section 39.023 may be retained only if the school
  district [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.
         (b-2)  For each year that a campus is considered to have an
  unacceptable performance rating, a school district [campus
  intervention team] shall:
               (1)  assist the campus in updating the targeted
  improvement plan to identify and analyze areas of growth and areas
  that require improvement;
               (2)  assist the campus in submitting [submit] the
  updated plan to:
                     (A)  the board of trustees of the [school]
  district; and
                     (B)  the parents of campus students; and
               (3)  assist the campus in submitting the updated plan
  to the commissioner for approval.
         (c)  A campus subject to Subsection (a) shall implement the
  [updated] targeted improvement plan as approved by the
  commissioner. The commissioner may appoint a monitor, conservator,
  management team, or board of managers to the district to ensure and
  oversee district-level support to low-performing campuses and the
  implementation of the [updated] targeted improvement plan. In
  making appointments under this subsection, the commissioner shall
  consider individuals who have demonstrated success in managing
  campuses with student populations similar to the campus at which
  the individual appointed will serve.
         (d)  If the commissioner determines that the campus is not
  fully implementing the [updated] targeted improvement plan or if
  the students enrolled at the campus fail to demonstrate substantial
  improvement in the areas targeted by the [updated] plan, the
  commissioner may order:
               (1)  repurposing of the campus under this section;
               (2)  alternative management of the campus under this
  section; or
               (3)  closure of the campus.
         (f)  If the commissioner orders repurposing of a campus, the
  school district shall develop a comprehensive plan for repurposing
  the campus and submit the plan to the board of trustees for initial
  approval, [using the procedures described by Section 39.106(e-1),]
  and subsequently to the commissioner for final approval. The plan
  must include a description of a rigorous and relevant academic
  program for the campus. The plan may include various instructional
  models. The commissioner may not approve the repurposing of a
  campus unless:
               (1)  all students in the assigned attendance zone of
  the campus in the school year immediately preceding the repurposing
  of the campus are provided with the opportunity to enroll in and are
  provided transportation on request to another campus, unless the
  commissioner grants an exception because there is no other campus
  in the district in which the students may enroll;
               (2)  the principal is not retained at the campus,
  unless the commissioner determines that students enrolled at the
  campus have demonstrated significant academic improvement; and
               (3)  teachers employed at the campus in the school year
  immediately preceding the repurposing of the campus are not
  retained at the campus, unless the commissioner or the
  commissioner's designee grants an exception, at the request of a
  school district, for:
                     (A)  a teacher who provides instruction in a
  subject other than a subject for which an assessment instrument is
  administered under Section 39.023(a) or (c) who demonstrates to the
  commissioner satisfactory performance; or
                     (B)  a teacher who provides instruction in a
  subject for which an assessment instrument is administered under
  Section 39.023(a) or (c) if the district demonstrates that the
  students of the teacher demonstrated satisfactory performance or
  improved academic growth on that assessment instrument.
         (s)  The state shall pay all costs arising from actions
  required to be taken by a school district or campus under this
  section.
         SECTION 3.  Section 39.108, Education Code, is amended to
  read as follows:
         Sec. 39.108.  ANNUAL REVIEW. The commissioner shall review
  annually the performance of a district or campus subject to this
  subchapter to determine the appropriate actions to be implemented
  under this subchapter. The commissioner must review at least
  annually the performance of a district for which the accreditation
  status or rating has been lowered due to insufficient student
  performance and may not raise the accreditation status or rating
  until the district has demonstrated improved student performance.
  If the review reveals a lack of improvement, the commissioner may
  [shall] increase the level of state intervention and sanction
  [unless the commissioner finds good cause for maintaining the
  current status].
         SECTION 4.  Section 39.109, Education Code, is amended to
  read as follows:
         Sec. 39.109.  ACQUISITION OF PROFESSIONAL SERVICES. In
  addition to other interventions and sanctions authorized under this
  subchapter, the commissioner may order a school district or campus
  to acquire professional services available through the state at no
  expense to [at the expense of] the district or campus to address the
  applicable financial, assessment, data quality, program,
  performance, or governance deficiency.  The commissioner's order
  may require the district or campus to:
               (1)  select or be assigned an external auditor, data
  quality expert, professional authorized to monitor district
  assessment instrument administration, or curriculum or program
  expert; or
               (2)  provide for or participate in the appropriate
  training of district staff or board of trustees members in the case
  of a district, or campus staff, in the case of a campus.
         SECTION 5.  Section 39.0233(a), Education Code, is amended
  to read as follows:
         (a)  The agency, in coordination with the Texas Higher
  Education Coordinating Board, shall adopt a series of questions to
  be included in an end-of-course assessment instrument administered
  under Section 39.023(c) to be used for purposes of Section 51.3062.
  The questions adopted under this subsection must be developed in a
  manner consistent with any college readiness standards adopted
  under Sections 39.233 [39.113] and 51.3062.
         SECTION 6.  Sections 39.106, 39.107(i), 39.110, and 39.113,
  Education Code, are repealed.
         SECTION 7.  This Act takes effect September 1, 2011.