Bill Text: TX HB30 | 2013 | 83rd Legislature 1st Special Session | Introduced
Bill Title: Relating to state interventions and sanctions against public school campuses with unacceptable performance and the establishment of the Texas Achievement School District for educating students at certain low-performing campuses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-06-03 - Filed [HB30 Detail]
Download: Texas-2013-HB30-Introduced.html
| 83S10124 GCB-D | ||
| By: Dutton | H.B. No. 30 | |
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| relating to state interventions and sanctions against public school | ||
| campuses with unacceptable performance and the establishment of the | ||
| Texas Achievement School District for educating students at certain | ||
| low-performing campuses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 11, Education Code, is amended by adding | ||
| Subchapter I to read as follows: | ||
| SUBCHAPTER I. TEXAS ACHIEVEMENT SCHOOL DISTRICT | ||
| Sec. 11.401. TEXAS ACHIEVEMENT SCHOOL DISTRICT | ||
| ESTABLISHED. (a) The Texas Achievement School District is | ||
| established as a school district under this code and an | ||
| intermediate educational unit under 34 C.F.R. Section 222.50 for | ||
| the purpose of educating students attending a campus removed from | ||
| the jurisdiction of a school district under Section 39.1071. | ||
| (b) In this subchapter, "prior system" means the school | ||
| district from which a campus that is transferred to the | ||
| jurisdiction of the achievement school district was removed. | ||
| (c) The commissioner shall select the superintendent of the | ||
| achievement school district and employ central administrative | ||
| staff, who may be employees of the agency. The superintendent shall | ||
| report to the commissioner under a written contract for services. | ||
| (d) The achievement school district does not have authority | ||
| to impose taxes but has authority to seek and expend federal funding | ||
| and grant funding and to otherwise seek, obtain, and expend funding | ||
| with the same authority as an independent school district. | ||
| (e) The achievement school district may provide for the | ||
| supervision, management, and operation of each campus placed under | ||
| the district's jurisdiction and receive, control, and expend the | ||
| local, state, and federal funding attributable to that campus, with | ||
| all the same power and authority as the prior system, subject to the | ||
| requirements of this subchapter and Section 39.1071, and with any | ||
| other power or authority otherwise granted by law. | ||
| (f) The achievement school district is entitled to the same | ||
| level of services provided to other school districts by regional | ||
| education service centers, and to participate in any state program | ||
| available to school districts, including a purchasing program. | ||
| (g) The achievement school district may not contract with a | ||
| private entity for providing educational services to the students | ||
| attending a campus transferred to the district, other than an | ||
| eligible entity, as defined by Section 12.101, that holds a charter | ||
| granted under Chapter 12 and has: | ||
| (1) operated one or more open-enrollment charter | ||
| schools in this state for three or more consecutive years; | ||
| (2) achieved a district rating of exemplary or | ||
| recognized under Subchapter G, Chapter 39, as that subchapter | ||
| existed on January 1, 2013, or the equivalent under subsequent laws | ||
| or rules regarding accountability ratings for three of the | ||
| preceding five years; | ||
| (3) documented success in whole school interventions | ||
| that increased the educational and performance levels of students | ||
| in campuses that received unacceptable performance ratings under | ||
| Section 39.054; and | ||
| (4) demonstrated success in educating populations of | ||
| students similar to the populations of students enrolled at the | ||
| campus transferred to the district. | ||
| (h) The achievement school district may employ such staff as | ||
| the superintendent deems necessary. | ||
| Sec. 11.402. CAMPUSES ELIGIBLE FOR TRANSFER. A campus is | ||
| eligible for transfer to the jurisdiction of the achievement school | ||
| district only if the school district from which the campus is to be | ||
| transferred has at least 20,000 students enrolled in the district | ||
| at the time the campus is to be transferred. | ||
| Sec. 11.403. APPLICABILITY OF LAWS, RULES, AND ORDINANCES | ||
| TO ACHIEVEMENT SCHOOL DISTRICT. (a) Except as expressly provided | ||
| by law, the achievement school district is subject to federal and | ||
| state laws and rules and municipal zoning ordinances governing | ||
| school districts. | ||
| (b) Except as provided by Subsection (c) and as expressly | ||
| provided by other law, the achievement school district is subject | ||
| to a provision of this title to the extent and in the manner that the | ||
| provision applies to an open-enrollment charter school under | ||
| Subchapter D, Chapter 12. | ||
| (c) A teacher employed by the achievement school district | ||
| must be certified under Subchapter B, Chapter 21, and may only teach | ||
| a subject in which the teacher is certified. | ||
| (d) The performance of a campus under the jurisdiction of | ||
| the achievement school district may not be used for purposes of | ||
| determining the prior system's performance rating under Section | ||
| 39.054. | ||
| (e) With respect to the operation of the achievement school | ||
| district, any requirement in Chapter 551 or 552, Government Code, | ||
| or another law that concerns open meetings or the availability of | ||
| information that applies to a school district, the board of | ||
| trustees of a school district, or public school students applies to | ||
| the achievement school district, the superintendent of the | ||
| district, or students attending the district. | ||
| Sec. 11.404. IMMUNITY. The achievement school district is | ||
| immune from liability to the same extent as any other school | ||
| district, and the district's employees and volunteers are immune | ||
| from liability to the same extent as other school district | ||
| employees and volunteers. | ||
| Sec. 11.405. MEMBERSHIP IN TEACHER RETIREMENT SYSTEM OF | ||
| TEXAS BY ACHIEVEMENT SCHOOL DISTRICT EMPLOYEES. (a) An employee | ||
| of the achievement school district who qualifies for membership in | ||
| the Teacher Retirement System of Texas shall be covered under the | ||
| system to the same extent a qualified employee of any other school | ||
| district is covered. | ||
| (b) For each employee of the achievement school district | ||
| covered under the system, the district is responsible for making | ||
| any contribution that otherwise would be the legal responsibility | ||
| of the district, and the state is responsible for making | ||
| contributions to the same extent it would be legally responsible if | ||
| the employee were that of another school district. | ||
| Sec. 11.406. FUNDING OF STUDENTS ENROLLED IN ACHIEVEMENT | ||
| SCHOOL DISTRICT. (a) The achievement school district is entitled | ||
| to receive for the education of students transferred to the | ||
| district funding under Chapter 42 equal to the amount of funding per | ||
| student in weighted average daily attendance to which the prior | ||
| system would be entitled under Chapter 42 if the prior system were a | ||
| school district without a tier one local share for purposes of | ||
| Section 42.253. | ||
| (b) In determining funding for the achievement school | ||
| district under Subsection (a), adjustments under Sections 42.102, | ||
| 42.103, 42.104, and 42.105 are based on the actual adjustment for | ||
| the prior system. In addition to the funding provided by Subsection | ||
| (a), the achievement school district is entitled to receive | ||
| enrichment funding under Section 42.302 based on the actual amount | ||
| for the prior system. | ||
| (c) In determining funding for the achievement school | ||
| district under Subsection (a), the commissioner shall apply the | ||
| same adjustment factor provided under Section 42.101 to calculate | ||
| the regular program allotment as for the prior system. This | ||
| subsection expires September 1, 2015. | ||
| (d) The achievement school district is entitled to funds | ||
| that are available to other school districts from the agency or the | ||
| commissioner in the form of grants or other discretionary funding. | ||
| The district is entitled to a pro rata share of all revenue to the | ||
| prior system from the agency or the commissioner in the form of | ||
| grants or other discretionary funding. | ||
| (e) The achievement school district is entitled to share in | ||
| the available school fund apportionment and other privileges in the | ||
| same manner as the prior system. The district shall report its | ||
| student attendance and receive funding in the same manner as any | ||
| other district. | ||
| (f) For purposes of calculating the amount of the prior | ||
| system's obligations and entitlements under Chapters 41 and 42, | ||
| students transferred to the achievement school district who would | ||
| otherwise have attended the prior system are not counted in | ||
| calculating the average daily attendance of the prior system. | ||
| (f-1) For purposes of calculating the prior system's | ||
| allotments under Chapter 46, students transferred to the | ||
| achievement school district who would otherwise have attended the | ||
| prior system are counted in calculating the average daily | ||
| attendance of the prior system. | ||
| (g) The commissioner shall adopt rules necessary to | ||
| implement this section. | ||
| Sec. 11.407. FACILITIES SUPPORT FOR STUDENTS ENROLLED IN | ||
| ACHIEVEMENT SCHOOL DISTRICT. (a) The achievement school district | ||
| is entitled to use any school building and all facilities and | ||
| property otherwise part of the campus and recognized as part of the | ||
| facilities or assets of the campus before the campus was placed in | ||
| the district. The district is entitled to access to such additional | ||
| facilities as were typically available to the campus, its students, | ||
| and faculty and staff before the campus was placed in the district. | ||
| Such use may not be restricted, except that the achievement school | ||
| district is responsible for and obligated to provide for routine | ||
| maintenance and repair such that the facilities and property are | ||
| maintained in as good an order as when the right of use was acquired | ||
| by the district. | ||
| (b) If a dispute arises between the achievement school | ||
| district and the prior system regarding the maintenance and repair | ||
| of facilities, the commissioner or the commissioner's designee | ||
| shall determine each entity's responsibilities concerning the | ||
| maintenance and repair. A determination under this subsection | ||
| regarding each entity's responsibilities is final and may not be | ||
| appealed. | ||
| Sec. 11.408. OTHER SUPPORT FOR STUDENTS ENROLLED IN | ||
| ACHIEVEMENT SCHOOL DISTRICT. The achievement school district may | ||
| require the prior system to provide school support or student | ||
| support services for a campus transferred from the prior system's | ||
| jurisdiction, including student transportation, school food | ||
| service, or student assessment for special education eligibility | ||
| that are compliant with all laws and rules governing such services. | ||
| The achievement school district shall reimburse the actual cost of | ||
| such services to the prior system. If a dispute arises between the | ||
| achievement school district and the prior system regarding the | ||
| actual cost of services to be reimbursed, the commissioner or the | ||
| commissioner's designee shall determine the cost to be reimbursed. | ||
| A determination under this subsection regarding the cost of | ||
| services to be reimbursed is final and may not be appealed. | ||
| Sec. 11.409. EXPENDITURES FOR SUPPORT OF STUDENTS ENROLLED | ||
| IN ACHIEVEMENT SCHOOL DISTRICT. Funds received by the achievement | ||
| school district under Section 11.406 shall be used for the | ||
| operation and administration of campuses transferred from prior | ||
| systems to the district. | ||
| Sec. 11.410. LIMITATION ON NUMBER OF CAMPUSES. (a) The | ||
| commissioner may transfer to the jurisdiction of the achievement | ||
| school district not more than: | ||
| (1) five campuses during the state fiscal biennium | ||
| beginning September 1, 2013; and | ||
| (2) five campuses during the state fiscal biennium | ||
| beginning September 1, 2015. | ||
| (b) The achievement school district may not contain more | ||
| than 10 campuses at any time. | ||
| Sec. 11.411. APPLICATION OF SUNSET ACT; REPORT. (a) The | ||
| Texas Achievement School District is subject to Chapter 325, | ||
| Government Code (Texas Sunset Act). Unless continued in existence | ||
| as provided by that chapter, the achievement school district is | ||
| abolished and this subchapter expires September 1, 2025. | ||
| (b) Not later than December 1, 2024, the Sunset Advisory | ||
| Commission shall evaluate the achievement school district and | ||
| submit a report on that evaluation and the commission's | ||
| recommendations in relation to the achievement school district to | ||
| the governor, the lieutenant governor, the speaker of the house of | ||
| representatives, and the presiding officer of each legislative | ||
| standing committee with primary jurisdiction over primary and | ||
| secondary education. | ||
| SECTION 2. Section 39.106(f), Education Code, is amended to | ||
| read as follows: | ||
| (f) Notwithstanding any other provision of this subchapter, | ||
| if the commissioner determines that a campus for which an | ||
| intervention is ordered under Subsection (a) is not fully | ||
| implementing the campus intervention team's recommendations or | ||
| targeted improvement plan or updated plan, the commissioner may | ||
| order the reconstitution of the campus as provided by Section | ||
| 39.107 or the removal of the campus to the achievement school | ||
| district established by Subchapter I, Chapter 11. | ||
| SECTION 3. The heading to Section 39.107, Education Code, | ||
| is amended to read as follows: | ||
| Sec. 39.107. RECONSTITUTION, REMOVAL, REPURPOSING, | ||
| ALTERNATIVE MANAGEMENT, AND CLOSURE. | ||
| SECTION 4. Section 39.107, Education Code, is amended by | ||
| amending Subsections (a) and (a-1) and adding Subsections (a-2), | ||
| (a-3), (a-4), and (k-1) to read as follows: | ||
| (a) After a campus has been identified as unacceptable for | ||
| two consecutive school years, the commissioner shall determine | ||
| whether the district has instituted meaningful change, including | ||
| reconstituting the staff or leadership at the campus. If the | ||
| commissioner determines that the campus has instituted meaningful | ||
| change, the commissioner may reevaluate the campus under this | ||
| subsection following the conclusion of the subsequent school year. | ||
| If the commissioner determines that the campus has not instituted | ||
| meaningful change, the commissioner shall, based on the | ||
| commissioner's determination of the best remedy for the campus: | ||
| (1) order the reconstitution of the campus under this | ||
| section; | ||
| (2) subject to Sections 11.402 and 11.410, order the | ||
| removal of the campus to the achievement school district as | ||
| provided by Section 39.1071; | ||
| (3) approve a plan by the board of trustees for the | ||
| district to operate the campus in the manner provided for the | ||
| operation of an open-enrollment charter school under Subchapter D, | ||
| Chapter 12, with all applicable exemptions from application of laws | ||
| that apply to school districts but not to open-enrollment charter | ||
| schools, for a period not to exceed two school years, after the | ||
| expiration of which the commissioner shall remove the campus to the | ||
| achievement school district if the campus is identified as | ||
| unacceptable during the final year of its operation in accordance | ||
| with this subdivision; or | ||
| (4) require the district to contract for appropriate | ||
| technical assistance, if the commissioner determines the basis for | ||
| the campus being identified as unacceptable is limited to a | ||
| specific condition the campus may overcome with appropriate | ||
| technical assistance. | ||
| (a-1) In making a determination regarding action to be taken | ||
| under this section, the commissioner shall seek and give | ||
| considerable weight to recommendations from parents of students | ||
| enrolled at the campus and members of the community who reside in | ||
| the attendance zone of the campus. | ||
| (a-2) In reconstituting a campus, a campus intervention | ||
| team, with the involvement and advice of the school community | ||
| partnership team, if applicable, shall assist the campus in: | ||
| (1) developing an updated targeted improvement plan; | ||
| (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-3) The campus intervention team or a school community | ||
| partnership team shall develop information regarding campus | ||
| performance and available options for improving campus performance | ||
| that may be provided to interested parties on request. | ||
| (a-4) Notwithstanding Subsection (a), the commissioner may | ||
| refrain from taking action otherwise required under that subsection | ||
| against a campus based on campus performance for the 2014-2015 | ||
| school year and preceding school years. If the commissioner takes | ||
| action, the commissioner may not order the reconstitution of the | ||
| campus and may only take other actions authorized by law. This | ||
| subsection expires September 1, 2016. | ||
| (k-1) A managing entity may not assume management of a | ||
| campus under this section if a member of the entity's management and | ||
| leadership team provided any input to the commissioner regarding | ||
| the commissioner's determination under Subsection (a). | ||
| SECTION 5. Subchapter E, Chapter 39, Education Code, is | ||
| amended by adding Section 39.1071 to read as follows: | ||
| Sec. 39.1071. REMOVAL OF CAMPUS TO ACHIEVEMENT SCHOOL | ||
| DISTRICT. (a) In this section, "prior system" has the meaning | ||
| assigned by Section 11.401(b). | ||
| (b) As provided by Section 39.107, the commissioner may | ||
| order the removal of a campus to the achievement school district | ||
| established by Subchapter I, Chapter 11. | ||
| (c) The students assigned to attend the campus or the | ||
| students who would have been eligible to attend the campus if the | ||
| campus had remained in the prior system may choose to attend the | ||
| campus under the jurisdiction of the achievement school district or | ||
| may exercise an option, made available by the prior system, to | ||
| attend another campus remaining under the jurisdiction of the prior | ||
| system. | ||
| (d) Students who were eligible to attend a campus under the | ||
| prior system or who would have been eligible to attend the campus if | ||
| the campus had remained in the prior system may attend that campus | ||
| at the achievement school district. Other students eligible to | ||
| attend a campus of the prior system other than the campus | ||
| transferred to the achievement school district may choose to attend | ||
| the campus transferred to the achievement school district if the | ||
| campus has the ability to enroll more students. | ||
| (e) Effective on a date determined by the commissioner after | ||
| consulting with the superintendent of the achievement school | ||
| district, a campus subject to this section shall be removed from the | ||
| jurisdiction of the school district and transferred to the | ||
| jurisdiction of the achievement school district. On that date, the | ||
| school district from which the campus was removed becomes the prior | ||
| system. | ||
| (f) The removed campus shall be reorganized and reformed, as | ||
| necessary, and operated by the achievement school district. | ||
| (g) The superintendent of the achievement school district | ||
| shall decide which educators may be retained at that campus in the | ||
| superintendent's sole discretion. If the achievement school | ||
| district does not retain an educator, that educator may be assigned | ||
| to another position by the prior system. | ||
| (h) A certified teacher with regular and direct | ||
| responsibility for providing classroom instruction to students who | ||
| is employed at the removed campus by the prior system shall be given | ||
| priority consideration for employment in a comparable position by | ||
| the achievement school district's superintendent. A person | ||
| employed by the prior system at a removed campus may choose to | ||
| remain in the employ of the prior system, and in that case, the | ||
| prior system shall retain and reassign the person consistent with | ||
| the prior system's contractual obligations or policies regarding | ||
| the retention and reassignment of employees. | ||
| (i) For the purposes of any benefit or right requiring | ||
| continuous service or based on years of service, the prior system | ||
| shall grant a leave of absence to a person employed by the | ||
| achievement school district who was employed at a campus when the | ||
| campus was removed under this section. The prior system shall | ||
| consider the period during which the achievement school district | ||
| operates the campus to be service time with the prior system if the | ||
| employee returns to the prior system's employment, but the prior | ||
| system is not required to provide benefits during such leave. | ||
| (j) The benefits and privileges of any person employed in a | ||
| campus by the achievement school district who was not employed by | ||
| the prior system at the time the campus was removed to the | ||
| achievement school district shall be those determined by the | ||
| achievement school district at the time of such employment in | ||
| compliance with applicable law. | ||
| (k) The achievement school district shall retain | ||
| jurisdiction over any campus removed to the district until the | ||
| commissioner, on the recommendation of the achievement school | ||
| district's superintendent, enters into an agreement with the prior | ||
| system for return of the campus to the prior system. | ||
| (l) When a campus in the achievement school district | ||
| achieves an acceptable level of performance under this chapter, the | ||
| commissioner shall direct the achievement school district to seek | ||
| agreement for the return of the campus to the prior system. An | ||
| agreement between the commissioner and the prior system for the | ||
| return of the campus shall include: | ||
| (1) details for the operation of the campus by the | ||
| prior system, including provisions for the continuation of the | ||
| programs that have provided the basis for the academic achievement | ||
| by the students; | ||
| (2) provisions for the employment status of all | ||
| persons employed by the achievement school district who were not | ||
| employed by the prior system at the time the campus was removed to | ||
| the achievement school district; and | ||
| (3) provisions for the means and timetable for the | ||
| campus's transition and return to the prior system. | ||
| (m) If a campus has been operating under arrangements | ||
| established by the achievement school district for three years, or | ||
| two years if the commissioner determines that the campus has not | ||
| made meaningful progress during those two years, and the campus has | ||
| failed during that period of three or two years, as applicable, to | ||
| achieve an acceptable level of performance under this chapter, the | ||
| commissioner shall return the campus to the prior system or, in | ||
| accordance with Subsection (n), close the campus. | ||
| (n) 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 (m) applies specifying | ||
| that the parents prefer the commissioner to close the campus, the | ||
| commissioner shall close the campus. For purposes of this | ||
| subsection, the signature of only one parent of a student is | ||
| required. | ||
| (o) On request, the commissioner and the superintendent of | ||
| the achievement school district shall provide information | ||
| concerning the new operations and performance of a campus to the | ||
| prior system. | ||
| (p) A campus operated by the achievement school district may | ||
| change its name only on agreement of the prior system and the | ||
| achievement school district. A diploma issued to a student who | ||
| graduates from high school at a campus operated by the achievement | ||
| school district must bear the name of the prior system. | ||
| (q) The commissioner may adopt rules necessary to implement | ||
| this section. | ||
| SECTION 6. Section 39.108, Education Code, is amended to | ||
| read as follows: | ||
| Sec. 39.108. ANNUAL REVIEW. (a) The commissioner shall | ||
| review annually 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. | ||
| (b) The review required by Subsection (a) shall form the | ||
| basis of the reporting required by Section 39.332(b)(23-a). | ||
| SECTION 7. Section 39.332(b), Education Code, is amended by | ||
| adding Subdivision (23-a) to read as follows: | ||
| (23-a) The report must contain a listing and | ||
| description of the status of each campus under the jurisdiction of | ||
| the achievement school district and a summary of the reforms | ||
| implemented and progress of the campus. | ||
| SECTION 8. This Act applies beginning with the 2014-2015 | ||
| 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 on the 91st day after the last day of the | ||
| legislative session. | ||
