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A BILL TO BE ENTITLED
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AN ACT
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relating to permitting a school district that has failed to satisfy |
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performance standards to partner with an institution of higher |
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education to improve district performance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.102(a), Education Code, is amended to |
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read as follows: |
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(a) If a school district does not satisfy the accreditation |
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criteria under Section 39.052, the academic performance standards |
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under Section 39.053 or 39.054, or any financial accountability |
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standard as determined by commissioner rule, or if considered |
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appropriate by the commissioner on the basis of a special |
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accreditation investigation under Section 39.057, the commissioner |
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shall take any of the following actions to the extent the |
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commissioner determines necessary: |
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(1) issue public notice of the deficiency to the board |
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of trustees; |
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(2) order a hearing conducted by the board of trustees |
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of the district for the purpose of notifying the public of the |
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insufficient performance, the improvements in performance expected |
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by the agency, and the interventions and sanctions that may be |
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imposed under this section if the performance does not improve; |
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(3) order the preparation of a student achievement |
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improvement plan that addresses each academic achievement |
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indicator under Section 39.053(c) for which the district's |
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performance is insufficient, the submission of the plan to the |
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commissioner for approval, and implementation of the plan; |
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(4) order a hearing to be held before the commissioner |
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or the commissioner's designee at which the president of the board |
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of trustees of the district and the superintendent shall appear and |
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explain the district's low performance, lack of improvement, and |
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plans for improvement; |
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(5) arrange a monitoring review of the district; |
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(6) appoint an agency monitor to participate in and |
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report to the agency on the activities of the board of trustees or |
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the superintendent; |
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(7) appoint a conservator to oversee the operations of |
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the district; |
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(8) appoint a management team to direct the operations |
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of the district in areas of insufficient performance or require the |
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district to obtain certain services under a contract with another |
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person; |
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(9) authorize the district to enter into a memorandum |
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of understanding with an institution of higher education that |
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provides for the assistance of the institution of higher education |
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in improving the district's performance; |
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(10) if a district has a current accreditation status |
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of accredited-warned or accredited-probation, fails to satisfy any |
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standard under Section 39.054(e), or fails to satisfy financial |
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accountability standards as determined by commissioner rule, |
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appoint a board of managers to exercise the powers and duties of the |
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board of trustees; |
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(11) [(10)] if for two consecutive school years, |
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including the current school year, a district has received an |
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accreditation status of accredited-warned or accredited-probation, |
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has failed to satisfy any standard under Section 39.054(e), or has |
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failed to satisfy financial accountability standards as determined |
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by commissioner rule, revoke the district's accreditation and: |
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(A) order closure of the district and annex the |
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district to one or more adjoining districts under Section 13.054; |
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or |
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(B) in the case of a home-rule school district or |
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open-enrollment charter school, order closure of all programs |
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operated under the district's or school's charter; or |
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(12) [(11)] if a district has failed to satisfy any |
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standard under Section 39.054(e) due to the district's dropout |
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rates, impose sanctions designed to improve high school completion |
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rates, including: |
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(A) ordering the development of a dropout |
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prevention plan for approval by the commissioner; |
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(B) restructuring the district or appropriate |
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school campuses to improve identification of and service to |
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students who are at risk of dropping out of school, as defined by |
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Section 29.081; |
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(C) ordering lower student-to-counselor ratios |
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on school campuses with high dropout rates; and |
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(D) ordering the use of any other intervention |
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strategy effective in reducing dropout rates, including mentor |
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programs and flexible class scheduling. |
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SECTION 2. Section 39.111(c), Education Code, is amended to |
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read as follows: |
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(c) A conservator or management team, if directed by the |
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commissioner, shall prepare a plan for the implementation of action |
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under Section 39.102(a)(10) or (11) [39.102(a)(9) or (10)]. The |
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conservator or management team: |
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(1) may direct an action to be taken by the principal |
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of a campus, the superintendent of the district, or the board of |
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trustees of the district; |
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(2) may approve or disapprove any action of the |
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principal of a campus, the superintendent of the district, or the |
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board of trustees of the district; |
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(3) may not take any action concerning a district |
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election, including ordering or canceling an election or altering |
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the date of or the polling places for an election; |
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(4) may not change the number of or method of selecting |
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the board of trustees; |
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(5) may not set a tax rate for the district; and |
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(6) may not adopt a budget for the district that |
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provides for spending a different amount, exclusive of required |
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debt service, from that previously adopted by the board of |
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trustees. |
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SECTION 3. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 4. 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, 2017. |