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A BILL TO BE ENTITLED
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AN ACT
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relating to empowering the parents of students to petition for the |
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reconstitution, repurposing, alternative management, or closure of |
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low-performing public school campuses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 39.107(a) and (e), Education Code, are |
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amended to read as follows: |
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(a) After a campus has been identified as unacceptable for |
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two consecutive school years, the commissioner shall order the |
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reconstitution of the campus, subject to Section 39.1071. |
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(e) If a campus is considered to have an unacceptable |
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performance rating for three consecutive school years after the |
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campus is reconstituted under Subsection (a), the commissioner, |
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subject to Subsection (e-1) or Section 39.1071 [(e-2)], shall |
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order: |
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(1) repurposing of the campus under this section; |
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(2) alternative management of the campus under this |
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section; or |
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(3) closure of the campus. |
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SECTION 2. Subchapter E, Chapter 39, Education Code, is |
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amended by adding Section 39.1071 to read as follows: |
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Sec. 39.1071. PETITION BY PARENTS FOR RECONSTITUTION, |
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REPURPOSING, ALTERNATIVE MANAGEMENT, OR CLOSURE. (a) Unless the |
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commissioner has ordered the closure of the campus under Section |
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39.107, the parents of students enrolled at a campus with an |
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unacceptable performance rating under Section 39.054 for two |
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consecutive school years may, at any time, submit a petition to the |
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commissioner requesting that the commissioner order one of the |
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following actions authorized by Section 39.107: |
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(1) reconstitution of the campus; |
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(2) repurposing of the campus; |
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(3) alternative management of the campus; or |
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(4) closure of the campus. |
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(b) A petition that seeks alternative management of a campus |
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under Subsection (a)(3) may specify the process to be used in |
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selecting the organization or team to assume management of the |
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campus. The commissioner is required to use the specified process. |
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If the petition does not specify a process to be used, the |
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organization or team must be selected by the parents of students |
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enrolled at the campus. To the extent this subsection conflicts |
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with another provision of this subchapter, this subsection |
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prevails. |
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(c) If the petition is signed by the parents of a majority of |
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the students enrolled at the campus, as determined under Subsection |
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(d), the commissioner shall order the specific action requested by |
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the petition. If the petition requests: |
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(1) reconstitution or repurposing of the campus, the |
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commissioner shall consider input from the lead petitioner and the |
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parents of students enrolled at the campus in implementing the |
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order; |
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(2) alternative management of the campus, the |
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commissioner shall order alternative management of the campus by |
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the organization or team selected as described by Subsection (b); |
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or |
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(3) closure of the campus, the commissioner shall |
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order closure of the campus for the following school year. |
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(d) The percentage of parents signing a petition shall be |
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calculated based on the total number of students enrolled at the |
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campus, applying the following rules: |
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(1) the signature of only one parent of a student is |
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required; |
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(2) a student may not be counted more than once, |
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regardless of whether more than one parent signs the petition on |
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behalf of the student; and |
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(3) the signature of a parent shall be counted on |
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behalf of each child of the parent who is enrolled at the campus, |
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unless otherwise indicated in the petition. |
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(e) The petition may designate one or more persons as a lead |
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petitioner. |
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(f) The commissioner shall review the signatures on a |
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petition to verify that the petition is signed by the parents of a |
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majority of the students enrolled at the campus. In verifying that |
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the petition is signed by the parents of a majority of the students |
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enrolled at the campus, the commissioner may consult with any |
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person necessary to make the verification, including the board of |
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trustees for the district in which the campus is located, the |
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principal of the campus, the lead petitioner, or any designated |
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lead petitioner representative. |
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(g) Not later than the 30th day after receipt of the |
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petition or additional signatures under Subsection (i), the |
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commissioner shall notify, in writing, the board of trustees for |
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the district in which the campus is located, the principal of the |
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campus, the lead petitioner, any designated lead petitioner |
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representative, and any other person who has requested notice in |
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writing of the commissioner's determination regarding whether the |
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number of signatures on the petition is sufficient to compel the |
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action sought in the petition. Additionally, the commissioner's |
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written notice must: |
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(1) state the number of students the commissioner has |
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determined are enrolled at the campus; |
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(2) state the number of signatures the commissioner |
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counted when determining whether the necessary majority was |
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attained; and |
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(3) list the signatures that were not counted toward |
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determining whether the necessary majority was attained and the |
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reason each disqualified signature was not counted. |
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(h) In verifying signatures, the commissioner may not |
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disregard a signature if the clear intent of the person providing |
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the signature was to support the petition. |
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(i) If the commissioner determines that a petition is not |
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signed by the parents of a majority of the students enrolled at the |
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campus, the parents may, not later than the 45th day after the date |
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of the commissioner's written notice under Subsection (g), submit |
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additional signatures in support of the petition. |
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(j) If additional signatures are submitted to the |
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commissioner under Subsection (i), the commissioner shall review |
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and verify the additional signatures in accordance with Subsections |
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(d), (f), and (g). |
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(k) If the commissioner determines that the petition is not |
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signed by the parents of a majority of the students enrolled at the |
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campus, any petitioner may contest the commissioner's |
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determination by filing a petition for review with the State Office |
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of Administrative Hearings not later than the 30th day after the |
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date of the commissioner's determination. The State Office of |
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Administrative Hearings shall conduct a hearing and receive |
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evidence necessary to make a final determination regarding the |
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commissioner's determination. |
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(l) A student who resided in the campus's assigned |
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attendance zone during the school year immediately preceding |
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implementation of an order under this section may: |
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(1) enroll in the campus after issuance of the order; |
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or |
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(2) transfer to another campus in the district. |
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(m) A person may not use school district or campus resources |
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to support or oppose a petition under this section, except that |
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school district or campus resources may be used to comply with a |
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public information request under Chapter 552, Government Code. |
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(n) For purposes of this section, "parent" includes a |
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student's parent, a student's legal guardian, a person with legal |
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authority to act in place of a student's parent or legal guardian, |
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and a student, if the student is 18 years of age or older. |
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(o) The commissioner may adopt rules necessary to implement |
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this section. |
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SECTION 3. Sections 39.107(e-2) and (e-3), Education Code, |
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are repealed. |
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SECTION 4. This Act applies beginning with the 2015-2016 |
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school year. |
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SECTION 5. 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, 2015. |