Bill Text: TX HB1842 | 2015-2016 | 84th Legislature | Engrossed
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-Engrossed.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-Engrossed.html
By: Aycock, Dutton, Bohac, | H.B. No. 1842 | |
Rodriguez of Travis, Farney |
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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. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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) that includes a school under the 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 2. (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 3. 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 4. 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 5. 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, which may not | ||
exceed five years; | ||
(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 or withdraw 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. [ |
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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 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 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 6. 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 7. Section 39.112(e), Education Code, is amended to | ||
read as follows: | ||
(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. | ||
The board of trustees does not assume any powers or duties after the | ||
election until the appointment of the board of managers expires. | ||
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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, which may not be later than the | ||
180th day [ |
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the notice [ |
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appointment of the board of managers [ |
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assigned to a board of trustees by law, rule, or regulation. | ||
SECTION 8. 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 9. Section 39.106(f), Education Code, is repealed. | ||
SECTION 10. 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 11. This Act applies to the academic performance | ||
ratings issued to public school campuses beginning with the | ||
2015-2016 school year. | ||
SECTION 12. 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. |