By: Shapiro  S.B. No. 738
         (In the Senate - Filed February 16, 2011; February 23, 2011,
  read first time and referred to Committee on Education;
  April 26, 2011, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 26, 2011,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 738 By:  Shapiro
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a parental role in determining sanctions applied to a
  public school campus under certain circumstances.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.107, Education Code, is amended by
  amending Subsection (e) and adding Subsections (e-2) and (e-3) to
  read as follows:
         (e)  If a campus is considered to have an unacceptable
  performance rating for three consecutive school years after the
  campus is reconstituted under Subsection (a), the commissioner,
  subject to Subsection (e-1) or (e-2), shall order:
               (1)  repurposing of the campus under this section;
               (2)  alternative management of the campus under this
  section; or
               (3)  closure of the campus.
         (e-2)  For purposes of this subsection, "parent" has the
  meaning assigned by Section 12.051.  If the commissioner is
  presented, in the time and manner specified by commissioner rule, a
  written petition signed by the parents of a majority of the students
  enrolled at a campus to which Subsection (e) applies, specifying
  the action described by Subsection (e)(1), (2), or (3) that the
  parents request the commissioner to order, the commissioner shall,
  except as otherwise authorized by this subsection, order the
  specific action requested. If the board of trustees of the school
  district in which the campus is located presents to the
  commissioner, in the time and manner specified by commissioner
  rule, a written request that the commissioner order specific action
  authorized under Subsection (e) other than the specific action
  requested in the parents' petition and a written explanation of the
  basis for the board's request, the commissioner may order the
  action requested by the board of trustees.
         (e-3)  For purposes of Subsection (e-2), the signature of
  only one parent of a student is required.
         SECTION 2.  This Act applies beginning with the 2011-2012
  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, 2011.
 
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