Bill Text: TX HB1842 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
84R4859 MK-F | ||
By: Aycock | H.B. No. 1842 |
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relating to the assessment of intervention in and sanction of a | ||
public school that does not satisfy accreditation criteria. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 39.102(a), Education Code, is amended to | ||
read as follows: | ||
(a) If a school district does not satisfy the accreditation | ||
criteria under Section 39.052, the academic performance standards | ||
under Section 39.053 or 39.054, or any financial accountability | ||
standard as determined by commissioner rule, 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 an on-site investigation of the district | ||
to identify deficiencies and possible solutions; | ||
(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 2. Section 39.103(b), Education Code, is amended to | ||
read as follows: | ||
(b) For a campus described by Subsection (a), the | ||
commissioner, to the extent the commissioner determines necessary, | ||
may: | ||
(1) order a hearing to be held before the commissioner | ||
or the commissioner's designee at which the president of the board | ||
of trustees, a majority of the members of the board of trustees, the | ||
superintendent, and the campus principal shall appear and explain | ||
the campus's low performance, lack of improvement, and plans for | ||
improvement; or | ||
(2) establish a school community partnership team | ||
composed of members of the campus-level planning and | ||
decision-making committee established under Section 11.251 and | ||
additional community representatives as determined appropriate by | ||
the commissioner. | ||
SECTION 3. Sections 39.106(a), (b), (c), and (e-1), | ||
Education Code, are amended 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) 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 | ||
(5) assist and advise the commissioner in monitoring | ||
the progress of the campus in implementing the targeted improvement | ||
plan. | ||
(b) An on-site needs assessment of the campus under | ||
Subsection (a) must determine the contributing education-related | ||
and other factors resulting in the campus's low performance and | ||
lack of progress. The team shall use all of the following guidelines | ||
and procedures relevant to each area of insufficient performance in | ||
conducting a targeted on-site needs assessment and shall use each | ||
of the following guidelines and procedures in conducting a | ||
comprehensive on-site needs assessment: | ||
(1) an assessment of the staff to determine the | ||
percentage of certified teachers who are teaching in their field, | ||
the percentage of teachers who are fully certified, the number of | ||
teachers with more than three years of experience, and teacher | ||
retention rates; | ||
(2) compliance with the appropriate class-size rules | ||
and number of class-size waivers received; | ||
(3) an assessment of the quality, quantity, and | ||
appropriateness of instructional materials, including the | ||
availability of technology-based instructional materials; | ||
(4) a report on the parental involvement strategies | ||
and the effectiveness of the strategies; | ||
(5) an assessment of the extent and quality of the | ||
mentoring program provided for new teachers on the campus and | ||
provided for experienced teachers on the campus who have less than | ||
two years of teaching experience in the subject or grade level to | ||
which the teacher is assigned; | ||
(6) an assessment of the type and quality of the | ||
professional development provided to the staff; | ||
(7) a demographic analysis of the student population, | ||
including student demographics, at-risk populations, limited | ||
English proficiency populations, and special education | ||
percentages; | ||
(8) a report of disciplinary incidents and school | ||
safety information; | ||
(9) financial and accounting practices; | ||
(10) an assessment of the appropriateness of the | ||
curriculum and teaching strategies; | ||
(11) a comparison of the findings from Subdivisions | ||
(1) through (10) to other campuses serving the same grade levels | ||
within the district or to other campuses within the campus's | ||
comparison group if there are no other campuses within the district | ||
serving the same grade levels as the campus; and | ||
(12) any other research-based data or information | ||
obtained from a data collection process that would assist the | ||
campus intervention team in: | ||
(A) recommending an action under Subsection (c); | ||
and | ||
(B) executing a targeted improvement plan under | ||
Subsection (d-3). | ||
(c) On completing the on-site needs assessment under this | ||
section, the campus intervention team shall, with the involvement | ||
and advice of the school community partnership team, if applicable, | ||
recommend actions relating to any area of insufficient performance, | ||
including: | ||
(1) reallocation of resources; | ||
(2) technical assistance; | ||
(3) changes in school procedures or operations; | ||
(4) staff development for instructional and | ||
administrative staff; | ||
(5) intervention for individual administrators or | ||
teachers or teams of administrators or teachers; | ||
(6) waivers from state statutes or rules; | ||
(7) teacher recruitment or retention strategies and | ||
incentives provided by the district to attract and retain teachers | ||
with the characteristics included in Subsection (b)(1); or | ||
(8) other actions the campus intervention team | ||
considers appropriate. | ||
(e-1) After a targeted improvement plan or updated plan is | ||
submitted to the board of trustees of the school district, the | ||
board: | ||
(1) shall conduct a hearing for the purpose of: | ||
(A) notifying the public of the insufficient | ||
performance, the improvements in performance expected by the | ||
agency, and the intervention measures or sanctions that may be | ||
imposed under this subchapter if the performance does not improve | ||
within a designated period; and | ||
(B) soliciting public comment on the targeted | ||
improvement plan or any updated plan; | ||
(2) must post the targeted improvement plan on the | ||
district's Internet website before the hearing; | ||
(3) may conduct one hearing relating to one or more | ||
campuses subject to a targeted improvement plan or an updated plan; | ||
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(4) shall submit the targeted improvement plan or any | ||
updated plan to the commissioner for approval; and | ||
(5) shall notify the parents of students enrolled at | ||
the campus subject to a targeted improvement plan or updated plan of | ||
the scheduled hearing not later than the seventh day before the date | ||
of the hearing. | ||
SECTION 4. Sections 39.107(b), (d), (f), and (k), Education | ||
Code, are amended to read as follows: | ||
(b) The campus intervention team shall decide which | ||
educators may be retained or reassigned 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. | ||
(d) If the commissioner determines that the campus is not | ||
fully and effectively 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 may order: | ||
(1) repurposing of the campus under this section; | ||
(2) alternative management of the campus under this | ||
section; or | ||
(3) closure of the campus. | ||
(f) 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, [ |
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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. | ||
(k) To qualify for consideration as a managing entity under | ||
this section, the entity must submit a proposal that provides | ||
information relating to the entity's management and leadership team | ||
that will participate in management of the campus under | ||
consideration, including information relating to individuals that | ||
have: | ||
(1) documented success in whole school interventions | ||
that increased the educational and performance levels of students | ||
as determined by multiple measures in campuses considered to have | ||
an unacceptable performance rating; | ||
(2) a proven record of effectiveness with programs | ||
assisting low-performing students; | ||
(3) a proven ability to apply research-based school | ||
intervention strategies; | ||
(4) a proven record of financial ability to perform | ||
under the management contract; and | ||
(5) any other experience or qualifications the | ||
commissioner determines necessary. | ||
SECTION 5. Section 39.108, Education Code, is amended to | ||
read as follows: | ||
Sec. 39.108. [ |
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TO INTERVENTION OR SANCTION. The commissioner shall review | ||
annually, or more frequently if the commissioner determines | ||
appropriate, the performance of a district or campus subject to | ||
this subchapter to determine the appropriate actions to be | ||
implemented under this subchapter. The commissioner must review | ||
at least annually the performance of a district for which the | ||
accreditation status or rating has been lowered due to insufficient | ||
student performance and may not raise the accreditation status or | ||
rating until the district has demonstrated improved student | ||
performance. If the review reveals a lack of improvement, the | ||
commissioner shall increase the level of state intervention and | ||
sanction unless the commissioner finds good cause for maintaining | ||
the current status. | ||
SECTION 6. Section 39.109, Education Code, is amended to | ||
read as follows: | ||
Sec. 39.109. ACQUISITION OF PROFESSIONAL SERVICES. In | ||
addition to other interventions and sanctions authorized under this | ||
subchapter, the commissioner may order a school district or campus | ||
to acquire professional services at the expense of the district or | ||
campus to address the applicable financial, assessment, data | ||
quality, program, performance, or governance deficiency. The | ||
commissioner's order may require the district or campus to: | ||
(1) select or be assigned an external auditor, data | ||
quality expert, professional authorized to monitor district | ||
assessment instrument administration, or curriculum or special | ||
program expert; or | ||
(2) provide for or participate in the appropriate | ||
training of district staff or board of trustees members in the case | ||
of a district, or campus staff, in the case of a campus. | ||
SECTION 7. Section 39.111(b), Education Code, is amended to | ||
read as follows: | ||
(b) At least every 90 days, the commissioner shall review | ||
the need for the conservator or management team and shall remove the | ||
conservator or management team unless the commissioner determines | ||
that continued appointment is necessary for effective governance or | ||
financial management of the district or delivery of instructional | ||
services. | ||
SECTION 8. This Act applies beginning with the 2015-2016 | ||
school year. | ||
SECTION 9. 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. |