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A BILL TO BE ENTITLED
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AN ACT
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relating to state interventions and sanctions against public school |
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campuses with unacceptable performance and the establishment of the |
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Texas Opportunity School District for educating students at certain |
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low-performing campuses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. SHORT TITLE. This Act may be cited as the |
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Low-Performing Campus Intervention Act. |
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SECTION 2. Chapter 11, Education Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. TEXAS OPPORTUNITY SCHOOL DISTRICT |
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Sec. 11.401. TEXAS OPPORTUNITY SCHOOL DISTRICT |
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ESTABLISHED. (a) The Texas Opportunity School District is |
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established as a school district under this code and an |
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intermediate educational unit under 34 C.F.R. Section 222.50 for |
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the purpose of educating students attending a campus removed from |
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the jurisdiction of a school district under Chapter 39. |
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(b) In this subchapter, "prior system" means the school |
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district from which a campus that is transferred to the |
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jurisdiction of the opportunity school district was removed. |
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(c) The commissioner shall select the superintendent of the |
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opportunity school district. The superintendent shall report to |
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the commissioner under a written contract for services. |
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(d) The opportunity school district does not have authority |
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to impose taxes but has authority to seek and expend federal funding |
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and grant funding and to otherwise seek, obtain, and expend funding |
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with the same authority as an independent school district. |
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(e) The opportunity school district may provide for the |
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supervision, management, and operation of each campus placed under |
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the district's jurisdiction and receive, control, and expend the |
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local, state, and federal funding attributable to that campus, with |
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all the same power and authority as the prior system, subject to the |
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requirements of this subchapter and Section 39.1071, and with any |
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other power or authority otherwise granted by law. |
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(f) The opportunity school district is entitled to the same |
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level of services provided to other school districts by regional |
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education service centers, and to participate in any state program |
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available to school districts, including a purchasing program. |
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(g) The opportunity school district may not contract with a |
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private entity for providing educational services to the students |
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attending a campus transferred to the district, other than an |
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eligible entity, as defined by Section 12.101, that has |
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demonstrated success in educating populations of students similar |
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to the populations of students enrolled at the campus transferred |
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to the district. |
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(g-1) The opportunity school district may contract with a |
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school district to provide educational services to students |
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attending a campus transferred to the district. |
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(h) The opportunity school district may employ such staff as |
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the superintendent deems necessary. |
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Sec. 11.402. APPLICABILITY OF LAWS, RULES, AND ORDINANCES |
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TO OPPORTUNITY SCHOOL DISTRICT. (a) Except as expressly provided |
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by law, the opportunity school district is subject to federal and |
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state laws and rules governing public schools and to municipal |
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zoning ordinances governing public schools. |
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(b) Except as provided by Subsection (c) and as expressly |
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provided by other law, the opportunity school district is subject |
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to a provision of this title to the extent and in the manner that the |
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provision applies to an open-enrollment charter school under |
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Subchapter D, Chapter 12. |
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(c) A teacher employed by the opportunity school district |
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must be highly qualified, as determined by the commissioner in a |
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manner consistent with the No Child Left Behind Act of 2001 (20 |
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U.S.C. Section 6301 et seq.). |
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(d) The performance of a campus under the jurisdiction of |
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the opportunity school district may not be used for purposes of |
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determining the prior system's performance rating under Section |
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39.054. |
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(e) With respect to the operation of the opportunity school |
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district, any requirement in Chapter 551 or 552, Government Code, |
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or another law that concerns open meetings or the availability of |
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information that applies to a school district, the board of |
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trustees of a school district, or public school students applies to |
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the opportunity school district, the superintendent of the |
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district, any managing entity, and students attending the district. |
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Sec. 11.403. IMMUNITY. The opportunity school district is |
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immune from liability to the same extent as any other school |
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district, and the district's employees and volunteers are immune |
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from liability to the same extent as other school district |
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employees and volunteers. |
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Sec. 11.404. MEMBERSHIP IN TEACHER RETIREMENT SYSTEM OF |
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TEXAS BY OPPORTUNITY SCHOOL DISTRICT EMPLOYEES. (a) An employee |
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of the opportunity school district who qualifies for membership in |
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the Teacher Retirement System of Texas shall be covered under the |
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system to the same extent a qualified employee of any other school |
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district is covered. |
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(b) For each employee of the opportunity school district |
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covered under the system, the district is responsible for making |
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any contribution that otherwise would be the legal responsibility |
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of the prior system, and the state is responsible for making |
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contributions to the same extent it would be legally responsible if |
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the employee were that of another school district. |
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Sec. 11.405. FUNDING OF STUDENTS ENROLLED IN OPPORTUNITY |
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SCHOOL DISTRICT. (a) The opportunity school district is entitled |
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to receive for the education of students transferred to the |
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district funding under Chapter 42 equal to the amount of funding per |
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student in weighted average daily attendance to which the prior |
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system would be entitled under Chapter 42 if the prior system were a |
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school district without a tier one local share for purposes of |
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Section 42.253. |
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(b) In determining funding for the opportunity school |
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district under Subsection (a), adjustments under Sections 42.102, |
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42.103, 42.104, and 42.105 are based on the actual adjustment for |
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the prior system. In addition to the funding provided by Subsection |
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(a), the opportunity school district is entitled to receive |
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enrichment funding under Section 42.302 based on the actual amount |
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for the prior system. |
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(c) In determining funding for the opportunity school |
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district under Subsection (a), the commissioner shall apply the |
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same adjustment factor provided under Section 42.101 to calculate |
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the regular program allotment as for the prior system. This |
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subsection expires September 1, 2017. |
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(d) The opportunity school district is entitled to funds |
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that are available to other school districts from the agency or the |
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commissioner in the form of grants or other discretionary funding. |
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The district is entitled to a pro rata share of all revenue to the |
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prior system from the agency or the commissioner in the form of |
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grants or other discretionary funding. |
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(e) The opportunity school district is entitled to share in |
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the available school fund apportionment and other privileges in the |
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same manner as the prior system. The district shall report its |
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student attendance and receive funding in the same manner as any |
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other school district. |
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(f) For purposes of calculating the amount of the prior |
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system's obligations and entitlements under Chapters 41 and 42, |
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students transferred to the opportunity school district who would |
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otherwise have attended the prior system are not counted in |
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calculating the average daily attendance of the prior system. |
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(f-1) For purposes of calculating the prior system's |
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allotments under Chapter 46, students transferred to the |
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opportunity school district who would otherwise have attended the |
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prior system are counted in calculating the average daily |
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attendance of the prior system. |
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(g) The commissioner shall adopt rules under this section. |
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Sec. 11.406. FACILITIES SUPPORT FOR STUDENTS ENROLLED IN |
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OPPORTUNITY SCHOOL DISTRICT. The opportunity school district is |
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entitled to use any school building and all facilities and property |
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otherwise part of the campus and recognized as part of the |
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facilities or assets of the campus before the campus was placed in |
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the district. The district is entitled to access to such additional |
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facilities as were typically available to the campus, its students, |
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and faculty and staff before the campus was placed in the district. |
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Such use may not be restricted, except that the opportunity school |
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district is responsible for and obligated to provide for routine |
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maintenance and repair such that the facilities and property are |
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maintained in as good an order as when the right of use was acquired |
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by the district. |
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Sec. 11.407. OTHER SUPPORT FOR STUDENTS ENROLLED IN |
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OPPORTUNITY SCHOOL DISTRICT. The opportunity school district may |
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require the prior system to provide school support or student |
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support services for a campus transferred from the prior system's |
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jurisdiction, including student transportation, school food |
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service, or student assessment for special education eligibility |
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that are compliant with all laws and regulations governing such |
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services. The opportunity school district shall reimburse the |
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actual cost of such services to the prior system. If a dispute |
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arises between the opportunity school district and the prior system |
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regarding the actual cost of services to be reimbursed, the |
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commissioner or the commissioner's designee shall determine the |
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cost to be reimbursed. |
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Sec. 11.408. EXPENDITURES FOR SUPPORT OF STUDENTS ENROLLED |
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IN OPPORTUNITY SCHOOL DISTRICT. Funds received by the opportunity |
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school district under Section 11.405 shall be used for the |
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operation and administration of campuses transferred from prior |
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systems to the district. |
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Sec. 11.409. OPPORTUNITY SCHOOL DISTRICT CHARTER. (a) The |
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opportunity school district may grant a district charter under |
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Section 12.0522 to a campus that has been placed in the opportunity |
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school district. |
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(b) The grant of a district charter by the opportunity |
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school district is not subject to the limitation imposed by Section |
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12.0522(b). |
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(c) A campus granted a district charter under this section |
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is eligible for funding under Section 11.405. Any administrative |
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costs related to authorizing a district charter under this section |
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may be paid from funds appropriated to the opportunity school |
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district, as approved by the superintendent of the opportunity |
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school district. |
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SECTION 3. Section 39.106(f), Education Code, is amended to |
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read as follows: |
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(f) Notwithstanding any other provision of this subchapter, |
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if the commissioner determines that a campus for which an |
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intervention is ordered under Subsection (a) is not fully |
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implementing the campus intervention team's recommendations or |
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targeted improvement plan or updated plan, the commissioner may |
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order the reconstitution of the campus as provided by Section |
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39.107 or the removal of the campus to the opportunity school |
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district established by Subchapter I, Chapter 11. |
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SECTION 4. The heading to Section 39.107, Education Code, |
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is amended to read as follows: |
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Sec. 39.107. RECONSTITUTION, REMOVAL, REPURPOSING, |
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ALTERNATIVE MANAGEMENT, AND CLOSURE. |
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SECTION 5. Section 39.107, Education Code, is amended by |
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amending Subsections (a) and (a-1) and adding Subsections (a-2), |
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(a-3), (a-4), and (k-1) 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 determine |
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whether the district or campus has instituted meaningful change for |
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the campus, including reconstituting the staff or leadership at the |
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campus. If the commissioner determines that the district or campus |
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has instituted meaningful change for the campus, the commissioner |
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may reevaluate the campus under this subsection following the |
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conclusion of the subsequent school year. If the commissioner |
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determines the district or campus has not instituted meaningful |
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change for the campus, the superintendent of the district may |
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operate the campus with the same powers and authority granted to the |
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superintendent of the opportunity school district established |
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under Subchapter I, Chapter 11, to operate a campus placed in the |
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jurisdiction of the opportunity school district unless the |
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commissioner orders one or more of the following: |
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(1) [order the] reconstitution of the campus under |
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this section; |
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(2) repurposing of the campus under this section; |
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(3) alternative management of the campus under this |
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section; or |
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(4) placement of the campus in the opportunity school |
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district, as provided by Section 39.1071. |
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(a-1) In making a determination regarding action to be taken |
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under this section, the commissioner shall seek and give |
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considerable weight to recommendations from parents of students |
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enrolled at the campus and members of the community who reside in |
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the attendance zone of the campus. |
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(a-2) In reconstituting a campus, a campus intervention |
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team, with the involvement and advice of the school community |
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partnership team, if applicable, shall assist the campus in: |
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(1) developing an updated targeted improvement plan; |
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(2) submitting the updated targeted improvement plan |
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to the board of trustees of the school district for approval and |
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presenting the plan in a public hearing as provided by Section |
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39.106(e-1); |
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(3) obtaining approval of the updated plan from the |
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commissioner; and |
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(4) executing the plan on approval by the |
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commissioner. |
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(a-3) The campus intervention team or a school community |
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partnership team shall develop information regarding campus |
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performance and available options for improving campus performance |
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that may be provided to interested parties on request. |
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(a-4) In ordering the reconstitution of a campus or as an |
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alternative to reconstitution, the commissioner may order at the |
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request of the school district that: |
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(1) except as expressly provided by other law, the |
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reconstituted campus and its employees and students are subject to |
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a provision of this title to the extent and in the same manner that |
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the provision applies to an open-enrollment charter school and its |
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employees and students under Subchapter D, Chapter 12; or |
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(2) the reconstituted campus, by agreement between the |
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school district and the opportunity school district, be transferred |
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to or operated by the opportunity school district. |
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(k-1) A managing entity may not assume management of a |
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campus under this section if a member of the entity's management and |
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leadership team provided any input to the commissioner regarding |
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the commissioner's determination under Subsection (a). |
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SECTION 6. 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. REMOVAL OF CAMPUS TO OPPORTUNITY SCHOOL |
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DISTRICT. (a) In this section, "prior system" has the meaning |
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assigned by Section 11.401(b). |
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(b) As provided by Section 39.107, the commissioner may |
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order the removal of a campus to the opportunity school district |
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established by Subchapter I, Chapter 11, if action by the |
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commissioner is required under Section 39.107. |
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(c) The students assigned to attend the campus or the |
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students who would have been eligible to attend the campus if the |
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campus had remained in the prior system may choose to attend the |
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campus under the jurisdiction of the opportunity school district or |
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may exercise an option, made available by the prior system, to |
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attend another campus remaining under the jurisdiction of the prior |
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system. |
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(d) Effective on a date determined by the commissioner after |
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consulting with the superintendent of the opportunity school |
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district, a campus subject to this section shall be removed from the |
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jurisdiction of the school district and transferred to the |
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jurisdiction of the opportunity school district. On that date, the |
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school district or charter holder from which the campus was removed |
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becomes the prior system. |
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(e) The removed campus shall be reorganized and reformed, as |
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necessary, and operated under the jurisdiction of the opportunity |
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school district. |
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(f) The superintendent of the opportunity school district |
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shall decide which educators may be retained at that campus in the |
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superintendent's sole discretion. If the opportunity school |
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district does not retain an educator, that educator may be assigned |
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to another position by the prior system. |
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(g) A certified teacher with regular and direct |
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responsibility for providing classroom instruction to students who |
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is employed at the removed campus by the prior system shall be given |
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priority consideration for employment in a comparable position by |
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the opportunity school district's superintendent. A person |
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employed by the prior system at a removed campus may choose to |
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remain in the employ of the prior system, and in that case, the |
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prior system shall retain and reassign the person consistent with |
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the prior system's contractual obligations or policies regarding |
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the retention and reassignment of employees. This subsection does |
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not create rights or entitlements in excess of contractual rights |
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and entitlements. |
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(h) For the purposes of any benefit or right requiring |
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continuous service or based on years of service, the prior system |
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shall grant a leave of absence to a person employed by the |
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opportunity school district who was employed at a campus when the |
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campus was removed under this section. The prior system shall |
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consider the period during which the opportunity school district |
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operates the campus to be service time with the prior system if the |
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employee returns to the prior system's employment, but the prior |
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system is not required to provide benefits during such leave. |
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(i) The benefits and privileges of any person employed in a |
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campus by the opportunity school district who was not employed by |
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the prior system at the time the campus was removed to the |
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opportunity school district shall be those determined by the |
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opportunity school district at the time of such employment in |
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compliance with applicable law. |
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(j) The opportunity school district shall retain |
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jurisdiction over any campus removed to the district until the |
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commissioner, on the recommendation of the opportunity school |
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district's superintendent, enters into an agreement with the prior |
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system for return of the campus to the prior system. |
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(k) When a campus in the opportunity school district |
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achieves an acceptable level of performance under this chapter, the |
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commissioner shall direct the opportunity school district to seek |
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agreement for the return of the campus to the prior system. An |
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agreement between the commissioner and the prior system for the |
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return of the campus shall include: |
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(1) details for the operation of the campus by the |
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prior system, including provisions for the continuation of the |
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programs that have provided the basis for the academic achievement |
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by the students; |
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(2) provisions for the employment status of all |
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persons employed by the opportunity school district who were not |
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employed by the prior system at the time the campus was removed to |
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the opportunity school district; and |
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(3) provisions for the means and timetable for the |
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campus's transition and return to the prior system. |
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(l) If a campus has been operating under arrangements |
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established by the opportunity school district for three years, or |
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two years if the commissioner determines that the campus has not |
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made meaningful progress during those two years, and the campus has |
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failed during that period of three or two years, as applicable, to |
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achieve an acceptable level of performance under this chapter, the |
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commissioner shall: |
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(1) take the following action: |
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(A) direct the superintendent of the opportunity |
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school district to organize a new campus of the opportunity school |
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district for the purpose of educating the students attending the |
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campus initially removed from the prior system under this section |
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in the manner determined by the superintendent as most likely to |
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bring the campus to an acceptable level of performance, which may be |
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done by designing and granting a campus charter under Section |
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12.0521(a)(1); or |
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(B) in accordance with a proposal for improving |
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campus performance submitted by the prior system, return the campus |
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to the prior system; |
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(2) if the campus remains in the jurisdiction of the |
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opportunity school district, address the opportunity school |
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district's failure to turn around the campus within three years; |
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and |
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(3) record these steps for reporting as required by |
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Section 39.332. |
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(m) For purposes of this subsection, "parent" has the |
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meaning assigned by Section 12.051. If the commissioner is |
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presented, in the time and manner specified by commissioner rule, a |
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written petition signed by the parents of a majority of the students |
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enrolled at a campus to which Subsection (l) applies requesting a |
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specific action described by Section 39.107(e)(1), (2), or (3), the |
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commissioner shall, except as otherwise authorized by this section, |
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order the specific action requested. For purposes of this |
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subsection, the signature of only one parent of a student is |
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required. |
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(n) If a campus governing body established by the |
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opportunity school district presents to the commissioner, in the |
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time and manner specified by commissioner rule, a written request |
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that the commissioner order specific action described by Section |
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39.107(e)(1) or (2) other than the specific action requested in the |
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parents' petition and a written explanation of the basis for the |
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governing body's request, the commissioner may order the action |
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requested by the governing body. |
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(o) If the commissioner determines that the basis for the |
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unsatisfactory performance of a campus for two consecutive school |
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years is limited to a specific condition that may be remedied with |
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targeted technical assistance, the commissioner may require the |
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district to contract for the appropriate technical assistance |
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instead of removal under this section. |
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(p) On request, the commissioner and the superintendent of |
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the opportunity school district shall provide information |
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concerning the new operations and performance of a campus to the |
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prior system. |
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(q) Notwithstanding any other provision of this code, the |
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funding for a campus operated by the opportunity school district |
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must be not less than the funding of the other campuses in the prior |
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system on a per student basis so that the opportunity school |
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district receives at least the same funding the campus would |
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otherwise have received, provided that the prior system receives |
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the same amount per student in a given year. |
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(r) A campus operated by the opportunity school district may |
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change its name only on agreement of the prior system and the |
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opportunity school district. |
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(s) The commissioner may adopt rules necessary to implement |
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this section. |
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SECTION 7. Section 39.108, Education Code, is amended to |
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read as follows: |
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Sec. 39.108. ANNUAL REVIEW. (a) The commissioner shall |
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review annually the performance of a district or campus subject to |
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this subchapter to determine the appropriate actions to be |
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implemented under this subchapter. The commissioner must review at |
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least annually the performance of a district for which the |
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accreditation status or rating has been lowered due to insufficient |
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student performance and may not raise the accreditation status or |
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rating until the district has demonstrated improved student |
|
performance. If the review reveals a lack of improvement, the |
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commissioner shall increase the level of state intervention and |
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sanction unless the commissioner finds good cause for maintaining |
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the current status. |
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(b) The review required by Subsection (a) shall form the |
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basis of the reporting required by Section 39.332(b)(25). |
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SECTION 8. Section 39.332(b), Education Code, is amended by |
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adding Subdivision (25) to read as follows: |
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(25) The report must contain a listing and description |
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of the status of each campus under the jurisdiction of the |
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opportunity school district and a summary of the reforms |
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implemented and progress of the campus. |
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SECTION 9. This Act applies beginning with the 2016-2017 |
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school year. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2015. |