By: Lozano (Senate Sponsor - Hinojosa) H.B. No. 1553
         (In the Senate - Received from the House May 10, 2017;
  May 10, 2017, read first time and referred to Committee on
  Education; May 19, 2017, reported favorably by the following vote:  
  Yeas 10, Nays 0; May 19, 2017, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to permitting a school district that has failed to satisfy
  performance standards to partner with an institution of higher
  education to improve district performance.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.102(a), Education Code, is amended to
  read as follows:
         (a)  If a school district does not satisfy the accreditation
  criteria under Section 39.052, the academic performance standards
  under Section 39.053 or 39.054, or any financial accountability
  standard as determined by commissioner rule, or if considered
  appropriate by the commissioner on the basis of a special
  accreditation investigation under Section 39.057, the commissioner
  shall take any of the following actions to the extent the
  commissioner determines necessary:
               (1)  issue public notice of the deficiency to the board
  of trustees;
               (2)  order a hearing conducted by the board of trustees
  of the district for the purpose of notifying the public of the
  insufficient performance, the improvements in performance expected
  by the agency, and the interventions and sanctions that may be
  imposed under this section if the performance does not improve;
               (3)  order the preparation of a student achievement
  improvement plan that addresses each academic achievement
  indicator under Section 39.053(c) for which the district's
  performance is insufficient, the submission of the plan to the
  commissioner for approval, and implementation of the plan;
               (4)  order a hearing to be held before the commissioner
  or the commissioner's designee at which the president of the board
  of trustees of the district and the superintendent shall appear and
  explain the district's low performance, lack of improvement, and
  plans for improvement;
               (5)  arrange a monitoring review of the district;
               (6)  appoint an agency monitor to participate in and
  report to the agency on the activities of the board of trustees or
  the superintendent;
               (7)  appoint a conservator to oversee the operations of
  the district;
               (8)  appoint a management team to direct the operations
  of the district in areas of insufficient performance or require the
  district to obtain certain services under a contract with another
  person;
               (9)  authorize the district to enter into a memorandum
  of understanding with an institution of higher education that
  provides for the assistance of the institution of higher education
  in improving the district's performance;
               (10)  if a district has a current accreditation status
  of accredited-warned or accredited-probation, fails to satisfy any
  standard under Section 39.054(e), or fails to satisfy financial
  accountability standards as determined by commissioner rule,
  appoint a board of managers to exercise the powers and duties of the
  board of trustees;
               (11) [(10)]  if for two consecutive school years,
  including the current school year, a district has received an
  accreditation status of accredited-warned or accredited-probation,
  has failed to satisfy any standard under Section 39.054(e), or has
  failed to satisfy financial accountability standards as determined
  by commissioner rule, revoke the district's accreditation and:
                     (A)  order closure of the district and annex the
  district to one or more adjoining districts under Section 13.054;
  or
                     (B)  in the case of a home-rule school district or
  open-enrollment charter school, order closure of all programs
  operated under the district's or school's charter; or
               (12) [(11)]  if a district has failed to satisfy any
  standard under Section 39.054(e) due to the district's dropout
  rates, impose sanctions designed to improve high school completion
  rates, including:
                     (A)  ordering the development of a dropout
  prevention plan for approval by the commissioner;
                     (B)  restructuring the district or appropriate
  school campuses to improve identification of and service to
  students who are at risk of dropping out of school, as defined by
  Section 29.081;
                     (C)  ordering lower student-to-counselor ratios
  on school campuses with high dropout rates; and
                     (D)  ordering the use of any other intervention
  strategy effective in reducing dropout rates, including mentor
  programs and flexible class scheduling.
         SECTION 2.  Section 39.111(c), Education Code, is amended to
  read as follows:
         (c)  A conservator or management team, if directed by the
  commissioner, shall prepare a plan for the implementation of action
  under Section 39.102(a)(10) or (11) [39.102(a)(9) or (10)]. The
  conservator or management team:
               (1)  may direct an action to be taken by the principal
  of a campus, the superintendent of the district, or the board of
  trustees of the district;
               (2)  may approve or disapprove any action of the
  principal of a campus, the superintendent of the district, or the
  board of trustees of the district;
               (3)  may not take any action concerning a district
  election, including ordering or canceling an election or altering
  the date of or the polling places for an election;
               (4)  may not change the number of or method of selecting
  the board of trustees;
               (5)  may not set a tax rate for the district; and
               (6)  may not adopt a budget for the district that
  provides for spending a different amount, exclusive of required
  debt service, from that previously adopted by the board of
  trustees.
         SECTION 3.  This Act applies beginning with the 2017-2018
  school year.
         SECTION 4.  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, 2017.
 
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