Bill Text: TX HB1842 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to public school accountability, including the intervention in and sanction of a public school that has received an academically unsuccessful performance rating for at least two consecutive school years and the designation of a school district as a district of innovation.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-19 - Effective immediately [HB1842 Detail]
Download: Texas-2015-HB1842-Enrolled.html
H.B. No. 1842 |
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relating to public school accountability, including the | ||
intervention in and sanction of a public school that has received an | ||
academically unsuccessful performance rating for at least two | ||
consecutive school years and the designation of a school district | ||
as a district of innovation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 7.028(a), Education Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Section 29.001(5), 29.010(a), | ||
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requirements applicable to a process or program provided by a | ||
school district, campus, program, or school granted charters under | ||
Chapter 12, including the process described by Subchapter F, | ||
Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or | ||
I, Chapter 29, Subchapter A, Chapter 37, or Section 38.003, and the | ||
use of funds provided for such a program under Subchapter C, Chapter | ||
42, only as necessary to ensure: | ||
(1) compliance with federal law and regulations; | ||
(2) financial accountability, including compliance | ||
with grant requirements; and | ||
(3) data integrity for purposes of: | ||
(A) the Public Education Information Management | ||
System (PEIMS); and | ||
(B) accountability under Chapter 39. | ||
SECTION 2. Subchapter C, Chapter 11, Education Code, is | ||
amended by adding Section 11.0511 to read as follows: | ||
Sec. 11.0511. STUDENT TRUSTEE FOR CERTAIN DISTRICTS. (a) | ||
This section applies only to a school district described by Section | ||
11.065(a) in which a school in the district is operating under a | ||
campus turnaround plan. | ||
(b) Notwithstanding Section 11.051(b), the board of | ||
trustees of a school district may adopt a resolution establishing | ||
as a nonvoting member a student trustee position as provided by this | ||
section. | ||
(c) For a student trustee position under this section, the | ||
board shall adopt a policy that establishes: | ||
(1) the term of the student trustee position; | ||
(2) the procedures for selecting a student trustee, | ||
including the method for filling a vacancy; and | ||
(3) the procedures for removal of a student trustee. | ||
(d) A student is eligible to serve as a student trustee if | ||
the student is enrolled in the student's junior or senior year of | ||
high school and is considered in good standing academically and | ||
under the district code of conduct. | ||
(e) The board shall adopt a policy regarding student | ||
trustee: | ||
(1) participation, other than voting, in board | ||
deliberations, subject to Subsection (f); and | ||
(2) access to information, documents, and records, | ||
consistent with the Family Educational Rights and Privacy Act of | ||
1974 (20 U.S.C. Section 1232g). | ||
(f) A student trustee may not participate in a closed | ||
session of a board meeting in which any issue related to a personnel | ||
matter is considered. | ||
(g) A student trustee is not entitled to receive | ||
compensation or reimbursement of the student trustee's expenses for | ||
services on the board. | ||
(h) A school district may grant to a student who fulfills | ||
the requirements of service of a student trustee not more than one | ||
academic course credit in a subject area determined appropriate by | ||
the district. | ||
SECTION 3. (a) Section 12.101(b-4), Education Code, is | ||
amended to read as follows: | ||
(b-4) Notwithstanding Section 12.114, approval of the | ||
commissioner under that section is not required for establishment | ||
of a new open-enrollment charter school campus if the requirements | ||
of this subsection[ |
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holder having an accreditation status of accredited and at least 50 | ||
percent of its student population in grades assessed under | ||
Subchapter B, Chapter 39, or at least 50 percent of the students in | ||
the grades assessed having been enrolled in the school for at least | ||
three school years may establish one or more new campuses under an | ||
existing charter held by the charter holder if: | ||
(1) the charter holder is currently evaluated under | ||
the standard accountability procedures for evaluation under | ||
Chapter 39 and received a district rating in the highest or second | ||
highest performance rating category under Subchapter C, Chapter 39, | ||
for three of the last five years with at least 75 percent of the | ||
campuses rated under the charter also receiving a rating in the | ||
highest or second highest performance rating category and with no | ||
campus with a rating in the lowest performance rating category in | ||
the most recent ratings; | ||
(2) the charter holder provides written notice to the | ||
commissioner of the establishment of any campus under this | ||
subsection in the time, manner, and form provided by rule of the | ||
commissioner; and | ||
(3) not later than the 60th day after the date the | ||
charter holder provides written notice under Subdivision (2), the | ||
commissioner does not provide written notice to the charter holder | ||
that the commissioner has determined that the charter holder does | ||
not satisfy the requirements of this section [ |
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(b) The heading to Section 12.116, Education Code, is | ||
amended to read as follows: | ||
Sec. 12.116. PROCEDURE FOR REVOCATION, [ |
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GOVERNANCE, OR DENIAL OF RENEWAL. | ||
(c) Section 12.116, Education Code, is amended by amending | ||
Subsection (a) and adding Subsection (a-1) to read as follows: | ||
(a) The commissioner shall adopt an informal procedure to be | ||
used for: | ||
(1) revoking the charter of an open-enrollment charter | ||
school or for reconstituting the governing body of the charter | ||
holder as authorized by Section 12.115; and | ||
(2) denying the renewal of a charter of an | ||
open-enrollment charter school as authorized by Section | ||
12.1141(c). | ||
(a-1) The procedure adopted under Subsection (a) for the | ||
denial of renewal of a charter under Section 12.1141(c) or the | ||
revocation of a charter or reconstitution of a governing body of a | ||
charter holder under Section 12.115(a) must allow representatives | ||
of the charter holder to meet with the commissioner to discuss the | ||
commissioner's decision and must allow the charter holder to submit | ||
additional information to the commissioner relating to the | ||
commissioner's decision. In a final decision issued by the | ||
commissioner, the commissioner shall provide a written response to | ||
any information the charter holder submits under this subsection. | ||
(d) This section applies beginning with the 2015-2016 | ||
school year. | ||
SECTION 4. Subtitle C, Title 2, Education Code, is amended | ||
by adding Chapter 12A to read as follows: | ||
CHAPTER 12A. DISTRICTS OF INNOVATION | ||
Sec. 12A.001. AUTHORIZATION. (a) Subject to Subsection | ||
(b), a school district may be designated as a district of innovation | ||
in accordance with this chapter. | ||
(b) A school district is eligible for designation as a | ||
district of innovation only if the district's most recent | ||
performance rating under Section 39.054 reflects at least | ||
acceptable performance. | ||
(c) Consideration of designation as a district of | ||
innovation may be initiated by: | ||
(1) a resolution adopted by the board of trustees of | ||
the district; or | ||
(2) a petition signed by a majority of the members of | ||
the district-level committee established under Section 11.251. | ||
Sec. 12A.002. PUBLIC HEARING. (a) Promptly after adopting | ||
a resolution under Section 12A.001(c)(1) or receiving a petition | ||
under Section 12A.001(c)(2), the board of trustees shall hold a | ||
public hearing to consider whether the district should develop a | ||
local innovation plan for the designation of the district as a | ||
district of innovation. | ||
(b) At the conclusion of the public hearing or as soon as | ||
possible after conclusion of the public hearing, the board of | ||
trustees may: | ||
(1) decline to pursue designation of the district as a | ||
district of innovation; or | ||
(2) appoint a committee to develop a local innovation | ||
plan in accordance with Section 12A.003. | ||
Sec. 12A.003. LOCAL INNOVATION PLAN. (a) A local | ||
innovation plan must be developed for a school district before the | ||
district may be designated as a district of innovation. | ||
(b) A local innovation plan must: | ||
(1) provide for a comprehensive educational program | ||
for the district, which program may include: | ||
(A) innovative curriculum, instructional | ||
methods, and provisions regarding community participation, campus | ||
governance, and parental involvement; | ||
(B) modifications to the school day or year; | ||
(C) provisions regarding the district budget and | ||
sustainable program funding; | ||
(D) accountability and assessment measures that | ||
exceed the requirements of state and federal law; and | ||
(E) any other innovations prescribed by the board | ||
of trustees; and | ||
(2) identify requirements imposed by this code that | ||
inhibit the goals of the plan and from which the district should be | ||
exempted on adoption of the plan, subject to Section 12A.004. | ||
Sec. 12A.004. LIMITATION OF PERMISSIBLE EXEMPTIONS. (a) A | ||
local innovation plan may not provide for the exemption of a | ||
district designated as a district of innovation from the following | ||
provisions of this title: | ||
(1) a state or federal requirement applicable to an | ||
open-enrollment charter school operating under Subchapter D, | ||
Chapter 12; | ||
(2) Subchapters A, C, D, and E, Chapter 11, except that | ||
a district may be exempt from Sections 11.1511(b)(5) and (14) and | ||
Section 11.162; | ||
(3) state curriculum and graduation requirements | ||
adopted under Chapter 28; and | ||
(4) academic and financial accountability and | ||
sanctions under Chapter 39. | ||
(b) The commissioner shall: | ||
(1) maintain a list of provisions of this title from | ||
which school districts designated as districts of innovation are | ||
exempt under this chapter; and | ||
(2) notify the legislature of each provision from | ||
which districts enrolling a majority of students in this state are | ||
exempt. | ||
Sec. 12A.005. ADOPTION OF LOCAL INNOVATION PLAN; | ||
COMMISSIONER APPROVAL. (a) The board of trustees may not vote on | ||
adoption of a proposed local innovation plan unless: | ||
(1) the final version of the proposed plan has been | ||
available on the district's Internet website for at least 30 days; | ||
(2) the board of trustees has notified the | ||
commissioner of the board's intention to vote on adoption of the | ||
proposed plan; and | ||
(3) the district-level committee established under | ||
Section 11.251 has held a public meeting to consider the final | ||
version of the proposed plan and has approved the plan by a majority | ||
vote of the committee members, provided that the meeting required | ||
by this subdivision may occur immediately before and on the same | ||
date as the meeting at which the board intends to vote on adoption | ||
of the proposed plan. | ||
(b) A board of trustees may adopt a proposed local | ||
innovation plan by an affirmative vote of two-thirds of the | ||
membership of the board. | ||
(c) On adoption of a local innovation plan, the district: | ||
(1) is designated as a district of innovation under | ||
this chapter for the term specified in the plan, subject to Section | ||
12A.006; | ||
(2) shall begin operation in accordance with the plan; | ||
and | ||
(3) is exempt from state requirements identified under | ||
Section 12A.003(b)(2). | ||
(d) A district's exemption described by Subsection (c)(3) | ||
includes any subsequent amendment or redesignation of an identified | ||
state requirement, unless the subsequent amendment or | ||
redesignation specifically applies to a district of innovation. | ||
Sec. 12A.006. TERM. The term of a district's designation as | ||
a district of innovation may not exceed five years. | ||
Sec. 12A.007. AMENDMENT, RESCISSION, OR RENEWAL OF LOCAL | ||
INNOVATION PLAN. A local innovation plan may be amended, | ||
rescinded, or renewed if the action is approved by a vote of the | ||
district-level committee established under Section 11.251, or a | ||
comparable committee if the district is exempt from that section, | ||
and the board of trustees in the same manner as required for initial | ||
adoption of a local innovation plan under Section 12A.005. | ||
Sec. 12A.008. TERMINATION BY COMMISSIONER. (a) The | ||
commissioner may terminate a district's designation as a district | ||
of innovation if the district receives for two consecutive school | ||
years: | ||
(1) an unacceptable academic performance rating under | ||
Section 39.054; | ||
(2) an unacceptable financial accountability rating | ||
under Section 39.082; or | ||
(3) an unacceptable academic performance rating under | ||
Section 39.054 for one of the school years and an unacceptable | ||
financial accountability rating under Section 39.082 for the other | ||
school year. | ||
(b) Instead of terminating a district's designation as | ||
authorized by Subsection (a), the commissioner may permit the | ||
district to amend the district's local innovation plan to address | ||
concerns specified by the commissioner. | ||
(c) The commissioner shall terminate a district's | ||
designation as a district of innovation if the district receives | ||
for three consecutive school years: | ||
(1) an unacceptable academic performance rating under | ||
Section 39.054; | ||
(2) an unacceptable financial accountability rating | ||
under Section 39.082; or | ||
(3) any combination of one or more unacceptable | ||
ratings under Subdivision (1) and one or more unacceptable ratings | ||
under Subdivision (2). | ||
(d) A decision by the commissioner under this section is | ||
final and may not be appealed. | ||
Sec. 12A.009. COMMISSIONER RULEMAKING. The commissioner | ||
may adopt rules to implement this chapter. | ||
SECTION 5. Section 29.315, Education Code, is amended to | ||
read as follows: | ||
Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF | ||
UNDERSTANDING. The Texas Education Agency and the Texas School for | ||
the Deaf shall develop, agree to, and by commissioner rule adopt no | ||
later than September 1, 1998, a memorandum of understanding to | ||
establish: | ||
(1) the method for developing and reevaluating a set | ||
of indicators of the quality of learning at the Texas School for the | ||
Deaf; | ||
(2) the process for the agency to conduct and report on | ||
an annual evaluation of the school's performance on the indicators; | ||
(3) the requirements for the school's board to | ||
publish, discuss, and disseminate an annual report describing the | ||
educational performance of the school; | ||
(4) the process for the agency to assign an | ||
accreditation status to the school, to reevaluate the status on an | ||
annual basis, and, if necessary, to conduct monitoring reviews | ||
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(5) the type of information the school shall be | ||
required to provide through the Public Education Information | ||
Management System (PEIMS). | ||
SECTION 6. Section 30.005, Education Code, is amended to | ||
read as follows: | ||
Sec. 30.005. TEXAS SCHOOL FOR THE BLIND AND VISUALLY | ||
IMPAIRED MEMORANDUM OF UNDERSTANDING. The Texas Education Agency | ||
and the Texas School for the Blind and Visually Impaired shall | ||
develop, agree to, and by commissioner rule adopt a memorandum of | ||
understanding to establish: | ||
(1) the method for developing and reevaluating a set | ||
of indicators of the quality of learning at the Texas School for the | ||
Blind and Visually Impaired; | ||
(2) the process for the agency to conduct and report on | ||
an annual evaluation of the school's performance on the indicators; | ||
(3) the requirements for the school's board to | ||
publish, discuss, and disseminate an annual report describing the | ||
educational performance of the school; | ||
(4) the process for the agency to: | ||
(A) assign an accreditation status to the school; | ||
(B) reevaluate the status on an annual basis; and | ||
(C) if necessary, conduct monitoring reviews | ||
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(5) the type of information the school shall be | ||
required to provide through the Public Education Information | ||
Management System (PEIMS). | ||
SECTION 7. Section 39.056, Education Code, is amended to | ||
read as follows: | ||
Sec. 39.056. MONITORING REVIEWS [ |
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(a) The commissioner may[ |
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and random on-site visits [ |
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any time as authorized by Section 7.028 [ |
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(b) The commissioner shall determine the frequency of | ||
monitoring reviews [ |
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according to: | ||
(1) annual comprehensive analyses of student | ||
performance and equity in relation to the student achievement | ||
indicators adopted under Section 39.053; | ||
(2) reviews of fiscal reports and other fiscal data as | ||
set forth in Section 44.010; or | ||
(3) comprehensive analyses of financial | ||
accountability standards under Subchapter D. | ||
(c) In conducting a monitoring review [ |
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obtain information from administrators, other district employees | ||
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district, and other persons as necessary. [ |
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rules for: | ||
(1) obtaining information from parents and using that | ||
information in the monitoring review [ |
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(2) obtaining information from other district | ||
employees [ |
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from screening the information. | ||
(d) The agency shall give written notice to the | ||
superintendent and the board of trustees of a school district of any | ||
impending monitoring review [ |
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(e) The agency [ |
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writing to the superintendent and president of the board of | ||
trustees of the school district [ |
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necessary improvements or sources of aid such as regional education | ||
service centers. | ||
(f) A district which takes action with regard to the | ||
recommendations provided by the agency [ |
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prescribed by Subsection (e) shall make a reasonable effort to seek | ||
assistance from a third party in developing an action plan to | ||
improve district performance using improvement techniques that are | ||
goal oriented and research based. | ||
(g) A monitoring review may include desk reviews and on-site | ||
visits, including random on-site visits. | ||
(h) The commissioner may at any time convert a monitoring | ||
review to a special accreditation investigation under Section | ||
39.057, provided the commissioner promptly notifies the school | ||
district of the conversion. | ||
SECTION 8. Section 39.058, Education Code, is amended to | ||
read as follows: | ||
Sec. 39.058. CONDUCT OF SPECIAL ACCREDITATION | ||
INVESTIGATIONS. (a) The agency shall adopt written procedures for | ||
conducting special accreditation [ |
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this subchapter, including procedures that allow the agency to | ||
obtain information from district employees in a manner that | ||
prevents a district or campus from screening the information. The | ||
agency shall make the procedures available on the agency Internet | ||
website [ |
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Agency staff must be trained in the procedures and must follow the | ||
procedures in conducting the special accreditation investigation. | ||
(b) After completing a special accreditation [ |
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investigation, the agency shall present preliminary findings to any | ||
person or entity the agency finds has violated a law, rule, or | ||
policy. Before issuing a report with its final findings, the agency | ||
must provide a person or entity the agency finds has violated a law, | ||
rule, or policy an opportunity for an informal review by the | ||
commissioner or a designated hearing examiner. | ||
SECTION 9. 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 student 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 [ |
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(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) 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; | ||
(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 | ||
(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 10. Section 39.106, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) If a campus performance is below any standard under | ||
Section 39.054(e), the commissioner shall assign a campus | ||
intervention team. A campus intervention team shall: | ||
(1) conduct, with the involvement and advice of the | ||
school community partnership team, if applicable: | ||
(A) a targeted on-site needs assessment relevant | ||
to an area of insufficient performance of the campus as provided by | ||
Subsection (b); or | ||
(B) if the commissioner determines necessary, a | ||
comprehensive on-site needs assessment, using the procedures | ||
provided by Subsection (b); | ||
(2) recommend appropriate actions as provided by | ||
Subsection (c); | ||
(3) assist in the development of a targeted | ||
improvement plan; | ||
(4) conduct a public meeting at the campus with the | ||
campus principal, the members of the campus-level planning and | ||
decision-making committee established under Section 11.251, | ||
parents of students attending the campus, and community members | ||
residing in the district to review the campus performance rating | ||
and solicit input for the development of the targeted improvement | ||
plan; | ||
(5) assist the campus in submitting the targeted | ||
improvement plan to the board of trustees for approval and | ||
presenting the plan in a public hearing as provided by Subsection | ||
(e-1); and | ||
(6) [ |
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progress of the campus in implementing the targeted improvement | ||
plan. | ||
(a-1) The campus intervention team must provide written | ||
notice of the public meeting required by Subsection (a)(4) to the | ||
parents of students attending the campus and post notice of the | ||
meeting on the Internet website of the campus. The notice must | ||
include the date, time, and place of the meeting. | ||
SECTION 11. The heading to Section 39.107, Education Code, | ||
is amended to read as follows: | ||
Sec. 39.107. CAMPUS TURNAROUND PLAN, BOARD OF MANAGERS | ||
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CLOSURE. | ||
SECTION 12. Section 39.107, Education Code, is amended by | ||
amending Subsections (a), (a-1), (b), (b-1), (b-2), (d), (e), | ||
(e-1), (e-2), (f), and (g) and adding Subsections (a-2), (b-3), | ||
(b-4), (b-5), (b-6), (b-7), (b-8), (b-9), (e-4), (e-5), (e-6), | ||
(g-1), and (g-2) to read as follows: | ||
(a) After a campus has been identified as unacceptable for | ||
two consecutive school years, the commissioner shall order the | ||
campus to prepare and submit a campus turnaround plan [ |
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establish procedures governing the time and manner in which the | ||
campus must submit the campus turnaround plan. | ||
(a-1) A [ |
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team shall assist the campus in: | ||
(1) developing an updated targeted improvement plan, | ||
including a campus turnaround plan to be implemented by the campus; | ||
(2) submitting the updated targeted improvement plan | ||
to the board of trustees of the school district for approval and | ||
presenting the plan in a public hearing as provided by Section | ||
39.106(e-1); | ||
(3) obtaining approval of the updated plan from the | ||
commissioner; and | ||
(4) executing the plan on approval by the | ||
commissioner. | ||
(a-2) Before a campus turnaround plan is prepared and | ||
submitted for approval to the board of trustees of the school | ||
district, the district, in consultation with the campus | ||
intervention team, shall: | ||
(1) provide notice to parents, the community, and | ||
stakeholders that the campus has received an academically | ||
unacceptable performance rating for two consecutive years and will | ||
be required to submit a campus turnaround plan; and | ||
(2) request assistance from parents, the community, | ||
and stakeholders in developing the campus turnaround plan. | ||
(b) The school district, in consultation with the campus | ||
intervention team, shall prepare the campus turnaround plan and | ||
allow parents, the community, and stakeholders an opportunity to | ||
review the plan before it is submitted for approval to the board of | ||
trustees of the school district. The plan must include details on | ||
the method for restructuring, reforming, or reconstituting the | ||
campus. If the district determines that granting a district | ||
charter under Section 12.0522 is appropriate for the campus, the | ||
campus turnaround plan must provide information on the | ||
implementation of the district charter. The plan must assist the | ||
campus in implementing procedures to satisfy all performance | ||
standards required under Section 39.054(e) [ |
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(b-1) A campus turnaround plan must include: | ||
(1) a detailed description of the academic programs to | ||
be offered at the campus, including instructional methods, length | ||
of school day and school year, academic credit and promotion | ||
criteria, and programs to serve special student populations; | ||
(2) the term of the charter, if a district charter is | ||
to be granted for the campus under Section 12.0522; | ||
(3) written comments from the campus-level committee | ||
established under Section 11.251, if applicable, parents, and | ||
teachers at the campus; and | ||
(4) a detailed description of the budget, staffing, | ||
and financial resources required to implement the plan, including | ||
any supplemental resources to be provided by the district or other | ||
identified sources [ |
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(b-2) A school district may: | ||
(1) request that a regional education service center | ||
provide assistance in the development and implementation of a | ||
campus turnaround plan; or | ||
(2) partner with an institution of higher education to | ||
develop and implement a campus turnaround plan. [ |
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(b-3) The updated targeted improvement plan submitted to | ||
the board of trustees of a school district under Subsection (a-1) | ||
must include all plans and details that are required to execute the | ||
campus turnaround plan without any additional action or approval by | ||
the board of trustees. | ||
(b-4) A campus turnaround plan developed under this section | ||
must take effect not later than the school year following the third | ||
consecutive school year that the campus has received an | ||
academically unacceptable performance rating. | ||
(b-5) Following approval of a campus turnaround plan by the | ||
commissioner, the school district, in consultation with the campus | ||
intervention team, may take any actions needed to prepare for the | ||
implementation of the plan. | ||
(b-6) If a campus for which a campus turnaround plan has | ||
been ordered under Subsection (a) receives an academically | ||
acceptable performance rating for the school year following the | ||
order, the board of trustees may: | ||
(1) implement the campus turnaround plan; | ||
(2) implement a modified version of the campus | ||
turnaround plan; or | ||
(3) withdraw the campus turnaround plan. | ||
(b-7) A school district required to implement a campus | ||
turnaround plan may modify the plan if the campus receives an | ||
academically acceptable performance rating for two consecutive | ||
school years following the implementation of the plan. | ||
(b-8) Section 12.0522(b) does not apply to a district | ||
charter approved by the commissioner under this section. A | ||
district charter approved under this section may be renewed or | ||
continue in effect after the campus is no longer subject to an order | ||
under Subsection (a). | ||
(b-9) The commissioner shall adopt rules governing the | ||
procedures for an open-enrollment charter school campus that is | ||
subject to an order issued under Subsection (a). An | ||
open-enrollment charter school must revise the school's charter in | ||
accordance with Section 12.114 in the campus turnaround plan. | ||
Nothing in this section may be construed to modify any provision of | ||
Subchapter D, Chapter 12, relating to the expiration, nonrenewal, | ||
revocation, or modification of the governance of an open-enrollment | ||
charter school. The governing board of the open-enrollment charter | ||
school shall perform the duties of a board of trustees of a school | ||
district under this section. | ||
(d) The commissioner may approve a campus turnaround plan | ||
only if the commissioner determines that the campus will satisfy | ||
all student performance standards required under Section 39.054(e) | ||
not later than the second year the campus receives a performance | ||
rating following the implementation of the campus turnaround plan. | ||
If the commissioner does not make this determination [ |
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(1) appointment of a board of managers to govern the | ||
district as provided by Section 39.112(b) [ |
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(2) alternative management of the campus under this | ||
section; or | ||
(3) closure of the campus. | ||
(e) If a campus is considered to have an unacceptable | ||
performance rating for three consecutive school years after the | ||
campus is ordered to submit a campus turnaround plan | ||
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Subsection [ |
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(1) appointment of a board of managers to govern the | ||
district as provided by Section 39.112(b) [ |
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(2) [ |
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(e-1) If the commissioner orders the closure of a campus | ||
under this section, that campus may be repurposed to serve students | ||
at that campus location only if the commissioner finds that the | ||
repurposed campus offers a distinctly different academic program | ||
and serves a majority of grade levels at the repurposed campus not | ||
served at the original campus and approves a new campus | ||
identification number for the campus. The majority of students | ||
assigned to a campus that has been closed and repurposed may not | ||
have attended that campus in the previous school year. Any student | ||
assigned to a campus that has been closed must be allowed to | ||
transfer to any other campus in the district that serves that | ||
student's grade level and on request must be provided | ||
transportation to the other campus. The commissioner may grant an | ||
exemption allowing students assigned to a closed campus to attend | ||
the repurposed campus if there is no other campus in the district at | ||
which the students may enroll [ |
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(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) or [ |
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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-4) A board of managers appointed by the commissioner | ||
under this section is required to take appropriate actions to | ||
resolve the conditions that caused a campus to be subject to an | ||
order under Subsection (a), including amending the district's | ||
budget, reassigning staff, or relocating academic programs. | ||
(e-5) The commissioner may authorize payment of a board of | ||
managers appointed under this section from agency funds. | ||
(e-6) The commissioner may at any time replace a member of a | ||
board of managers appointed under this section. | ||
(f) Notwithstanding Section 39.112(e), the commissioner may | ||
remove a board of managers appointed to govern a district under this | ||
section only if the campus that was the basis for the appointment of | ||
the board of managers receives an academically acceptable | ||
performance rating for two consecutive school years. If a campus | ||
that was the basis for the appointment of a board of managers | ||
receives an academically unacceptable performance rating for two | ||
additional consecutive years following the appointment of the board | ||
of managers, the commissioner may remove the board of managers and, | ||
in consultation with the local community, may appoint a new board of | ||
managers to govern the district. [ |
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(g) Following the removal of a board of managers under | ||
Subsection (f), or at the request of a managing entity appointed | ||
under Subsection (d) to oversee the implementation of alternative | ||
management, the commissioner may appoint a conservator or monitor | ||
for the district to ensure district-level support for | ||
low-performing campuses and to oversee the implementation of the | ||
updated targeted improvement plan [ |
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(g-1) If the commissioner orders alternative management of | ||
a campus under Subsection (d)(2), the school district shall execute | ||
a contract with a managing entity for a term not to exceed five | ||
years. The commissioner may require a district to extend the term | ||
of the contract if the commissioner determines that extending the | ||
contract on expiration of the initial term is in the best interest | ||
of the students attending the campus. The terms of the contract must | ||
be approved by the commissioner. If a campus receives an | ||
academically unacceptable performance rating for two consecutive | ||
school years after the managing entity assumes management of the | ||
campus, the commissioner shall cancel the contract with the | ||
managing entity. | ||
(g-2) Subject to Subsection (e), at the end of the contract | ||
term with a managing entity or the cancellation of a contract with a | ||
managing entity under Subsection (g-1), the board of trustees of | ||
the school district shall resume management of the campus. | ||
SECTION 13. Subchapter E, Chapter 39, Education Code, is | ||
amended by adding Section 39.1071 to read as follows: | ||
Sec. 39.1071. TRANSITIONAL INTERVENTIONS AND SANCTIONS. | ||
(a) For a campus that received an academically unacceptable | ||
performance rating for the 2013-2014, 2014-2015, and 2015-2016 | ||
school years, the commissioner may apply the interventions and | ||
sanctions authorized by this chapter as this chapter existed on | ||
January 1, 2015, to the campus. | ||
(b) If a campus described under Subsection (a) receives an | ||
academically unacceptable performance rating for the 2016-2017 and | ||
2017-2018 school years, the commissioner shall apply the | ||
interventions and sanctions authorized by Section 39.107(e) to the | ||
campus. | ||
(c) For a campus that received an academically acceptable | ||
performance rating for the 2013-2014 school year and an | ||
academically unacceptable performance rating for the 2014-2015 and | ||
2015-2016 school years, the commissioner shall apply the | ||
interventions and sanctions authorized by Section 39.107(a) to the | ||
campus. | ||
(d) If a campus described under Subsection (c) receives an | ||
academically unacceptable performance rating for the 2016-2017, | ||
2017-2018, and 2018-2019 school years, the commissioner shall apply | ||
the interventions and sanctions authorized by Section 39.107(e) to | ||
the campus. | ||
(e) The commissioner may adopt rules as necessary to | ||
implement this section. | ||
(f) This section expires September 1, 2020. | ||
SECTION 14. Section 39.112, Education Code, is amended by | ||
adding Subsections (d-1), (d-2), and (g) and amending Subsection | ||
(e) to read as follows: | ||
(d-1) The board of managers appointed by the commissioner | ||
must, if possible, include community leaders, business | ||
representatives who have expertise in leadership, and individuals | ||
who have knowledge or expertise in the field of education. | ||
(d-2) The commissioner must provide each individual | ||
appointed to a board of managers with training in effective | ||
leadership strategies. | ||
(e) A board of managers shall, during the period of the | ||
appointment, order the election of members of the board of trustees | ||
of the district in accordance with applicable provisions of law. | ||
Except as provided by this subsection, the members of the board of | ||
trustees do not assume any powers or duties after the election until | ||
the appointment of the board of managers expires. Not [ |
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anniversary of the date the board of managers of a district was | ||
appointed, the commissioner shall notify the board of managers and | ||
the board of trustees of the date on which the appointment of the | ||
board of managers will expire [ |
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the last three years of the period of the appointment, one-third of | ||
the members of the board of managers shall be replaced by the number | ||
of members of the school district board of trustees who were elected | ||
at an election ordered under this subsection that constitutes, as | ||
closely as possible, one-third of the membership of the board of | ||
trustees. On the expiration of the appointment of the board of | ||
managers [ |
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trustees assumes all of the powers and duties assigned to a board of | ||
trustees by law, rule, or regulation. | ||
(g) Following the expiration of the period of appointment of | ||
a board of managers for a district, the commissioner shall provide | ||
training in effective leadership strategies to the board of | ||
trustees of the school district. | ||
SECTION 15. Subchapter E, Chapter 39, Education Code, is | ||
amended by adding Sections 39.1121 and 39.1122 to read as follows: | ||
Sec. 39.1121. APPOINTMENT OF BOARD OF MANAGERS FOR | ||
OPEN-ENROLLMENT CHARTER SCHOOL; SUPERINTENDENT. (a) A board of | ||
managers appointed for an open-enrollment charter school or a | ||
campus of an open-enrollment charter school under this chapter or | ||
Chapter 12 has the powers and duties prescribed by Section | ||
39.107(e-4), if applicable, and Sections 39.112(a), (b), (c), and | ||
(d). | ||
(b) If the commissioner appoints a board of managers for an | ||
open-enrollment charter school or a campus of an open-enrollment | ||
charter school, the commissioner may also appoint a superintendent. | ||
(c) Except as otherwise provided by this subsection, a board | ||
of managers for an open-enrollment charter school or a campus of an | ||
open-enrollment charter school may not serve for a period that | ||
exceeds the period authorized by law for a board of managers | ||
appointed for a school district. A board of managers appointed to | ||
wind up the affairs of a former open-enrollment charter school or | ||
campus serves until dissolved by the commissioner. | ||
(d) Any person appointed by the commissioner to serve on the | ||
board of managers for an open-enrollment charter school or a campus | ||
of an open-enrollment charter school or as superintendent acts on | ||
behalf of the commissioner and is entitled to: | ||
(1) sovereign immunity; and | ||
(2) representation by the attorney general for any act | ||
or omission taken while acting in the person's official capacity. | ||
(e) Any person appointed to serve on the board of managers | ||
for an open-enrollment charter school or a campus of an | ||
open-enrollment charter school or as superintendent serves at the | ||
discretion of the commissioner and may be replaced by the | ||
commissioner at any time. | ||
Sec. 39.1122. COMPENSATION OF BOARD OF MANAGERS FOR | ||
OPEN-ENROLLMENT CHARTER SCHOOL AND SUPERINTENDENT. (a) The | ||
commissioner may authorize compensation for a member of a board of | ||
managers for an open-enrollment charter school or a campus of an | ||
open-enrollment charter school or a superintendent appointed by the | ||
commissioner. | ||
(b) The commissioner shall establish the terms of | ||
compensation provided under Subsection (a). | ||
(c) The commissioner shall use funds received by or due to | ||
the former charter holder under Section 12.106 or funds returned to | ||
the state from liquidation of state property held by a former | ||
charter holder for compensation of a member of a board of managers | ||
for an open-enrollment charter school or a campus of an | ||
open-enrollment charter school or a superintendent. | ||
(d) If funds described by Subsection (c) are not available | ||
or the commissioner determines that the circumstances require, the | ||
commissioner may use available agency funds, provided that the use | ||
of the available funds for that purpose is not prohibited by other | ||
law. | ||
(e) To the extent this section conflicts with Section | ||
39.107(e-5), this section prevails. | ||
SECTION 16. Section 39.114, Education Code, is amended to | ||
read as follows: | ||
Sec. 39.114. IMMUNITY FROM CIVIL LIABILITY. An employee, | ||
volunteer, or contractor acting on behalf of the commissioner under | ||
this subchapter, or a member of a board of managers appointed by the | ||
commissioner under this subchapter, is immune from civil liability | ||
to the same extent as a professional employee of a school district | ||
under Section 22.051. | ||
SECTION 17. Section 39.106(f), Education Code, is repealed. | ||
SECTION 18. Not later than December 1, 2018, the | ||
Legislative Budget Board shall publish a report evaluating the | ||
implementation of Section 39.107, Education Code, as amended by | ||
this Act, including an analysis of whether the changes in law made | ||
by this Act result in improvements to school performance and | ||
student performance. The Legislative Budget Board may contract with | ||
another entity for the purpose of producing the evaluation required | ||
by this section. | ||
SECTION 19. This Act applies to the academic performance | ||
ratings issued to public school campuses beginning with the | ||
2015-2016 school year. | ||
SECTION 20. 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, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1842 was passed by the House on May | ||
13, 2015, by the following vote: Yeas 143, Nays 1, 2 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 1842 on May 29, 2015, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 1842 on May 31, 2015, by the following vote: Yeas 125, | ||
Nays 18, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1842 was passed by the Senate, with | ||
amendments, on May 26, 2015, by the following vote: Yeas 21, Nays | ||
10; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
1842 on May 31, 2015, by the following vote: Yeas 26, Nays 5. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |