Bill Text: TX HB1842 | 2015-2016 | 84th Legislature | Enrolled

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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.

Sponsorship: Bipartisan Bill

Status: (Passed) 2015-06-19 - Effective immediately [HB1842 Detail]

Download: Texas-2015-HB1842-Enrolled.html

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H.B. No. 1842

AN ACT
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),
[39.056,] or 39.057, the agency may monitor compliance with
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[, including the absence of commissioner
disapproval under Subdivision (3),] are satisfied. A charter
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 [of disapproval of a
new campus under this section].
(b) The heading to Section 12.116, Education Code, is
amended to read as follows:
Sec. 12.116. PROCEDURE FOR REVOCATION, [OR] MODIFICATION OF
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
[make on-site accreditation investigations]; and
(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
[make on-site accreditation investigations]; and
(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 [ON-SITE INVESTIGATIONS].
(a) The commissioner may[:
[(1)] direct the agency to conduct monitoring reviews
and random on-site visits [investigations] of a school district at
any time as authorized by Section 7.028 [to answer any questions
concerning a program, including special education, required by
federal law or for which the district receives federal funds; and
[(2) as a result of the investigation, change the
accreditation status of a district, change the accountability
rating of a district or campus, or withdraw a distinction
designation under Subchapter G].
(b) The commissioner shall determine the frequency of
monitoring reviews [on-site investigations] by the agency
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 [making an on-site
accreditation investigation], the agency may [investigators shall]
obtain information from administrators, other district employees
[teachers], [and] parents of students enrolled in the school
district, and other persons as necessary. [The investigation may
not be closed until information is obtained from each of those
sources.] The commissioner [State Board of Education] shall adopt
rules for:
(1) obtaining information from parents and using that
information in the monitoring review [investigator's] report; and
(2) obtaining information from other district
employees [teachers] in a manner that prevents a district or campus
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 [investigation of the district's
accreditation].
(e) The agency [investigators] shall report [orally and] in
writing to the superintendent and president of the board of
trustees of the school district [and, as appropriate, to campus
administrators] and shall make recommendations concerning any
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 [investigators] as
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 [on-site] investigations under
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 [to the complainant, the alleged violator, and the public].
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 [an]
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 [an on-site
investigation] 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) 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) [(5)] assist the commissioner in monitoring the
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
[RECONSTITUTION, REPURPOSING], ALTERNATIVE MANAGEMENT, AND
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 [the
reconstitution of the campus]. The commissioner shall by rule
establish procedures governing the time and manner in which the
campus must submit the campus turnaround plan.
(a-1) A [In reconstituting a campus, a] campus intervention
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) [decide which educators
may be retained at that campus. A principal who has been employed
by the campus in that capacity during the full period described by
Subsection (a) may not be retained at that campus unless the campus
intervention team determines that retention of the principal would
be more beneficial to the student achievement and campus stability
than removal].
(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 [A teacher of a subject assessed by an
assessment instrument under Section 39.023 may be retained only if
the campus intervention team determines that a pattern exists of
significant academic improvement by students taught by the teacher.
If an educator is not retained, the educator may be assigned to
another position in the district].
(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. [For each year that
a campus is considered to have an unacceptable performance rating,
a campus intervention team shall:
[(1) assist in updating the targeted improvement plan
to identify and analyze areas of growth and areas that require
improvement;
[(2) submit the updated plan to:
[(A) the board of trustees of the school
district; and
[(B) the parents of campus students; and
[(3) assist in submitting the updated plan to the
commissioner for approval.]
(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 [determines
that the campus is not fully implementing the updated targeted
improvement plan or if the students enrolled at the campus fail to
demonstrate substantial improvement in the areas targeted by the
updated plan], the commissioner shall [may] order:
(1) appointment of a board of managers to govern the
district as provided by Section 39.112(b) [repurposing of the
campus under this section];
(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
[reconstituted] under Subsection (a), the commissioner, subject to
Subsection [(e-1) or] (e-2), shall order:
(1) appointment of a board of managers to govern the
district as provided by Section 39.112(b) [repurposing of the
campus under this section]; or
(2) [alternative management of the campus under this
section; or
[(3)] closure of the campus.
(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 [The commissioner may waive the
requirement to enter an order under Subsection (e) for not more than
one school year if the commissioner determines that, on the basis of
significant improvement in student performance over the preceding
two school years, the campus is likely to be assigned an acceptable
performance rating for the following school year].
(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 [,] (2)[, or (3)] that
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. [If the commissioner orders
repurposing of a campus, the school district shall develop a
comprehensive plan for repurposing the campus and submit the plan
to the board of trustees for approval, using the procedures
described by Section 39.106(e-1), and to the commissioner for
approval. The plan must include a description of a rigorous and
relevant academic program for the campus. The plan may include
various instructional models. The commissioner may not approve the
repurposing of a campus unless:
[(1) all students in the assigned attendance zone of
the campus in the school year immediately preceding the repurposing
of the campus are provided with the opportunity to enroll in and are
provided transportation on request to another campus, unless the
commissioner grants an exception because there is no other campus
in the district in which the students may enroll;
[(2) the principal is not retained at the campus,
unless the commissioner determines that students enrolled at the
campus have demonstrated significant academic improvement; and
[(3) teachers employed at the campus in the school
year immediately preceding the repurposing of the campus are not
retained at the campus, unless the commissioner or the
commissioner's designee grants an exception, at the request of a
school district, for:
[(A) a teacher who provides instruction in a
subject other than a subject for which an assessment instrument is
administered under Section 39.023(a) or (c) who demonstrates to the
commissioner satisfactory performance; or
[(B) a teacher who provides instruction in a
subject for which an assessment instrument is administered under
Section 39.023(a) or (c) if the district demonstrates that the
students of the teacher demonstrated satisfactory performance or
improved academic growth on that assessment instrument.]
(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 [If an educator is not retained
under Subsection (f), the educator may be assigned to another
position in the district].
(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 [At the
direction of the commissioner but not] later than the second
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 [shall order an election of members
of the district board of trustees. The election must be held on a
uniform election date on which an election of district trustees may
be held under Section 41.001, Election Code, that is at least 180
days after the date the election was ordered]. Following each of
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 [qualification of members for office], the board of
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