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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Texas Achievement School |
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District for the education of students attending campuses removed |
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from the jurisdiction of a school district or open-enrollment |
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charter school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 11, Education Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. TEXAS ACHIEVEMENT SCHOOL DISTRICT |
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Sec. 11.401. DEFINITIONS. In this subchapter: |
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(1) "District" means the Texas Achievement School |
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District created under this subchapter. |
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(2) "Prior system" means a school district or |
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open-enrollment charter school from which a campus is removed under |
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Section 39.107. |
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Sec. 11.402. TEXAS ACHIEVEMENT SCHOOL DISTRICT |
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ESTABLISHED. (a) The Texas Achievement School District is |
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established as a school district under the laws of this state, and |
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as an intermediate educational unit under 34 C.F.R. Section 222.50, |
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for the education of students attending any campus removed from the |
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jurisdiction of a school district or open-enrollment charter school |
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under Section 39.107. |
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(b) The superintendent of the district shall report to the |
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commissioner under a written contract for services. |
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(c) The district does not have authority to impose taxes, |
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but may seek and expend federal funding and grant funding and may |
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otherwise seek, obtain, and expend funding with the same authority |
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as an independent school district. |
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(d) The district may provide for the supervision, |
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management, and operation of each campus removed to its |
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jurisdiction and may receive, control, and expend the local, state, |
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and federal funding attributable to that campus with all the same |
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power and authority as the prior system, subject to the |
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requirements of this subchapter and Section 39.107, and with any |
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other power or authority otherwise granted by law. |
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(e) The district is entitled to the same level of services |
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from regional education service centers as that provided to other |
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school districts and is entitled to participate in any state |
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program available to school districts, including a purchasing |
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program. In addition, using funds appropriated for the regional |
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education service centers, the commissioner shall direct that |
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appropriate administrative facilities and support be made |
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available to serve as the central administrative offices of the |
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district. |
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(f) The district shall reform and operate each campus under |
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its jurisdiction in whatever manner is determined by the |
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superintendent to be most likely to bring the school to an |
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acceptable level of performance under Chapter 39. The district may |
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contract with a public or private entity for educational services |
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to the students attending campuses removed to the district and |
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shall, in the sole discretion of the superintendent, reconstitute, |
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repurpose, alternatively manage, convert to charter status, or |
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otherwise reform each campus based on the unique circumstances |
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presented by the campus. |
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(g) The district may employ such staff as the superintendent |
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considers necessary. |
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Sec. 11.403. APPLICABILITY OF LAWS, RULES, AND ORDINANCES. |
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(a) Except as expressly provided by law, the district is subject |
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to federal and state laws and rules governing public schools and to |
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municipal zoning ordinances governing public schools. |
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(b) Except as expressly provided by law, the district is |
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subject to a provision of this title to the extent and in the manner |
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that such provision applies to an open-enrollment charter school |
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under Subchapter D, Chapter 12. |
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Sec. 11.404. IMMUNITY. The district is immune from |
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liability to the same extent as any other school district, and its |
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employees and volunteers are immune from liability to the same |
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extent as other school district employees and volunteers. |
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Sec. 11.405. MEMBERSHIP IN TEACHER RETIREMENT SYSTEM OF |
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TEXAS BY DISTRICT EMPLOYEES. (a) An employee of the district who |
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qualifies for membership in the Teacher Retirement System of Texas |
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is covered under the system to the same extent that a qualified |
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employee of any other school district is covered. |
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(b) For each employee of the district covered under the |
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Teacher Retirement System of Texas, the district and the state |
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shall make their respective contributions to the same extent to |
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which each would be legally responsible if the employee were the |
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employee of another school district. |
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Sec. 11.406. FUNDING OF STUDENTS ENROLLED IN DISTRICT. |
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(a) The district is entitled to receive for the education of |
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students at each campus removed to the district funding under |
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Chapter 42 equal to the amount of funding per student in weighted |
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average daily attendance to which the prior system would be |
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entitled under that chapter if it were a school district without a |
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tier one local share for purposes of Section 42.253. |
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(b) In determining funding for the district under |
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Subsection (a), adjustment under Section 42.102, 42.103, 42.104, or |
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42.105 is based on the actual adjustment for the prior system. In |
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addition to the funding provided by Subsection (a), the district is |
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entitled to receive enrichment funding under Section 42.302 based |
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on the actual amount received by the prior system. |
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(c) In determining funding for the district under |
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Subsection (a), the commissioner shall apply the same adjustment |
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factor provided under Section 42.101 to calculate the regular |
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program allotment as was applied for the prior system. |
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(d) The district is entitled to funds that are available to |
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other school districts from the agency or the commissioner in the |
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form of grants or other discretionary funding. The district is |
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entitled to a pro rata share of all revenue disbursed to the prior |
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system by the agency or the commissioner in the form of grants or |
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other discretionary funding. |
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(e) The district is entitled to share in the available |
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school fund apportionment and other privileges to the same extent |
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and in the same manner as did the prior system. The district shall |
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report its student attendance and receive funding in the same |
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manner as any other district. |
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(f) The amount of funding the prior system is entitled to |
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receive under Chapter 42 is reduced by an amount equal to the amount |
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of funding received by the district under this section, including |
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the tier one local share. |
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(g) Funds received by the district under this section shall |
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be used for the operation and administration of campuses removed to |
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the district under Section 39.107. |
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(h) The commissioner shall adopt rules as necessary to |
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implement this section. |
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Sec. 11.407. USE OF FACILITIES. (a) The district has the |
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unrestricted right to use any school building and all facilities |
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and property otherwise part of a removed campus and recognized as |
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part of the facilities or assets of the campus prior to its removal |
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to the district. The district is responsible for and obligated to |
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provide for routine maintenance and repair, and the facilities and |
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property must be maintained in as good an order as when the right of |
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use was acquired by the district. The district is not required to |
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provide for extensive repair to buildings or facilities that would |
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be considered a capital expense. Such repairs are the |
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responsibility of the prior system. |
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(b) In addition to the buildings, facilities, and property |
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described by Subsection (a), the district has access to such |
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additional facilities as were typically available to the students, |
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faculty, and staff of a campus prior to its removal to the district. |
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Sec. 11.408. SUPPORT BY PRIOR SYSTEM. The district may |
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require the prior system to provide school support or student |
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support services for a campus removed from its jurisdiction, |
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including student transportation, school food service, and student |
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assessment for special education eligibility, that are compliant |
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with all laws and regulations governing such services. The |
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district shall reimburse the actual cost of such services to the |
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prior system. If the district and the prior system are unable to |
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agree on the actual cost of services to be reimbursed, the |
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commissioner or the commissioner's designee shall determine the |
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cost to be reimbursed. |
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Sec. 11.409. ACHIEVEMENT CHARTER SCHOOLS. (a) The |
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district may design and grant campus charters under Section |
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12.0521(a)(1) to new campuses created by the district for the |
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purpose of applying its experience and expertise in turning around |
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persistently low-performing campuses. The district shall develop a |
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statewide plan under this section to be submitted in the manner |
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provided by Section 39.332. |
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(b) A new charter under this section is eligible for funding |
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under Section 11.406. Any administrative cost of authorizing |
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charter activities under this section may be paid from funds |
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appropriated to the agency. |
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SECTION 2. Subsection (f), Section 39.106, Education Code, |
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is amended to read as follows: |
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(f) Notwithstanding any other provision of this subchapter, |
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if the commissioner determines that a campus for which an |
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intervention is ordered under Subsection (a) is not fully |
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implementing the campus intervention team's recommendations or |
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targeted improvement plan or updated plan, the commissioner may |
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order the removal [reconstitution] of the campus as provided by |
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Section 39.107. |
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SECTION 3. Section 39.107, Education Code, is amended to |
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read as follows: |
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Sec. 39.107. REMOVAL OF CAMPUS TO TEXAS ACHIEVEMENT SCHOOL |
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DISTRICT [RECONSTITUTION, REPURPOSING, ALTERNATIVE MANAGEMENT, AND
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CLOSURE]. (a) In this section: |
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(1) "District" means the Texas Achievement School |
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District established under Subchapter I, Chapter 11. |
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(2) "Prior system" has the meaning assigned by Section |
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11.401. |
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(3) "Superintendent" means the superintendent of the |
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district. |
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(b) After a campus has been identified as unacceptable for |
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two consecutive school years, the commissioner, after consulting |
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with the superintendent, shall order the removal [reconstitution] |
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of the campus to the district. The removed campus shall be |
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reorganized and reformed, as necessary, and operated by the |
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district in whatever manner the superintendent determines to be |
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most likely to bring the school to an acceptable level of |
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performance under this chapter. The district shall retain |
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jurisdiction over the removed campus until the campus is returned |
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to the prior system under Subsection (f) or (g). |
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(c) Notwithstanding any other provision of law, a student in |
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the assigned attendance zone of a campus that is removed under this |
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section may attend the campus after its removal to the district or |
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may exercise an option, to be made available by the prior system, to |
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attend another campus remaining under the jurisdiction of the prior |
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system. Only a student eligible to attend the campus under the |
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prior system may attend the campus after its removal to the |
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district. However, a student eligible to participate in a school |
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choice program established by the prior system may attend a campus |
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after its removal if the campus has the capacity to add the student |
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in the appropriate grade. The superintendent shall determine the |
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maximum capacity of each district campus by grade level. |
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(d) [(a-1)
In reconstituting a campus, a campus
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intervention team shall assist the campus in:
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[(1) developing an updated targeted improvement plan;
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[(2)
submitting the updated targeted improvement plan
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to the board of trustees of the school district for approval and
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presenting the plan in a public hearing as provided by Section
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39.106(e-1);
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[(3)
obtaining approval of the updated plan from the
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commissioner; and
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[(4)
executing the plan on approval by the
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commissioner.
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[(b)] The superintendent has sole discretion to determine |
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[campus intervention team shall decide] which educators may be |
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retained at a removed [that] campus. A certified teacher with |
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regular and direct responsibility for providing classroom |
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instruction to students must be given priority consideration for |
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employment in a comparable position at the removed campus. A person |
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who is not retained by the district or who chooses to remain |
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employed by the prior system may be reassigned by the prior system |
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consistent with the prior system's contractual obligations or |
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policies regarding the retention and reassignment of employees. [A
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principal who has been employed by the campus in that capacity
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during the full period described by Subsection (a) may not be
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retained at that campus unless the campus intervention team
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determines that retention of the principal would be more beneficial
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to the student achievement and campus stability than removal.
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[(b-1)
A teacher of a subject assessed by an assessment
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instrument under Section 39.023 may be retained only if the campus
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intervention team determines that a pattern exists of significant
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academic improvement by students taught by the teacher. If an
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educator is not retained, the educator may be assigned to another
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position in the district.
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[(b-2)
For each year that a campus is considered to have an
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unacceptable performance rating, a campus intervention team shall:
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[(1)
assist in updating the targeted improvement plan
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to identify and analyze areas of growth and areas that require
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improvement;
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[(2) submit the updated plan to:
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[(A)
the board of trustees of the school
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district; and
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[(B) the parents of campus students; and
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[(3)
assist in submitting the updated plan to the
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commissioner for approval.
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[(c)
A campus subject to Subsection (a) shall implement the
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updated targeted improvement plan as approved by the commissioner.
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The commissioner may appoint a monitor, conservator, management
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team, or board of managers to the district to ensure and oversee
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district-level support to low-performing campuses and the
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implementation of the updated targeted improvement plan. In making
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appointments under this subsection, the commissioner shall
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consider individuals who have demonstrated success in managing
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campuses with student populations similar to the campus at which
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the individual appointed will serve.
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[(d)
If the commissioner determines that the campus is not
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fully implementing the updated targeted improvement plan or if the
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students enrolled at the campus fail to demonstrate substantial
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improvement in the areas targeted by the updated plan, the
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commissioner may order:
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[(1) repurposing of the campus under this section;
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[(2)
alternative management of the campus under this
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section; or
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[(3) closure of the campus.] |
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(e) For the purposes of any benefit or right requiring |
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continuous service or based on years of service, the prior system |
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must grant a leave of absence to any person who is employed at a |
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campus when the campus is removed under this section and who is |
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subsequently retained by the district. The prior system is not |
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required to provide benefits during such leave of absence. If the |
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employee subsequently returns to the prior system's employment, the |
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employee's period of employment at the removed campus qualifies as |
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service time. The benefits and privileges of any person employed at |
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a removed campus, or employed by an operator of a removed campus |
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under contract with the district, who was not employed by the prior |
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system when the campus was removed to the district shall be |
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determined by the district or operator, in compliance with |
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applicable law, at the time of employment. |
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(f) When a removed campus achieves an acceptable level of |
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performance under this chapter, the commissioner, upon the |
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recommendation of the superintendent, shall direct the district and |
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the prior system to enter into an agreement to return the campus to |
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the prior system. The agreement must include provisions: |
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(1) detailing the operation of the campus after its |
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return to the prior system, including provisions for the |
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continuation of the programs that have provided the basis for |
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improved academic achievement by students; |
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(2) describing the employment status of all persons |
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employed at the campus who were not employed by the prior system at |
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the time the campus was removed to the district; and |
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(3) detailing the means and timetable for the |
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transition and return of the campus to the prior system. |
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(g) If a removed campus fails to achieve an acceptable level |
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of performance under this chapter within three years following |
|
removal of the campus, the superintendent shall: |
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(1) organize a new campus under district jurisdiction |
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for the education of students eligible to attend the campus |
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initially removed from the prior system; |
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(2) grant the new campus a charter under Section |
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12.0521(a)(1); |
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(3) reform and operate the new campus charter in |
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whatever manner is determined by the superintendent to be most |
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likely to bring the school to an acceptable level of performance |
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under this chapter; |
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(4) seek agreement to return the campus charter to the |
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prior system when eligibility is established under Subsection (f); |
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(5) in the next statewide plan required under Section |
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11.409, address the failure of the campus to achieve an acceptable |
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level of performance within three years; and |
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(6) record, for annual reporting in accordance with |
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Section 39.332(b)(22-a), the actions taken under Subdivisions |
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(1)-(5). |
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(h) [If a campus is considered to have an unacceptable
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performance rating for three consecutive school years after the
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campus is reconstituted under Subsection (a), the commissioner,
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subject to Subsection (e-1) or (e-2), shall order:
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[(1) repurposing of the campus under this section;
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[(2)
alternative management of the campus under this
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section; or
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[(3) closure of the campus.
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[(e-1)
The commissioner may waive the requirement to enter
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an order under Subsection (e) for not more than one school year if
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the commissioner determines that, on the basis of significant
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improvement in student performance over the preceding two school
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years, the campus is likely to be assigned an acceptable
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performance rating for the following school year.
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[(e-2)] For purposes of this subsection, "parent" has the |
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meaning assigned by Section 12.051. The provisions of Subsections |
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(a)-(e-1) and (f)-(r), as in effect on May 31, 2013, governing |
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repurposing, alternative management, and closure of a campus shall |
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continue in full force and effect and shall be implemented by order |
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of the commissioner if [If] the commissioner is presented, in the |
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time and manner specified by commissioner rule: |
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(1) [,] a written petition signed by the parents of a |
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majority of the students enrolled at a campus described by [to
|
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which] Subsection (g) [(e) applies], specifying [the action
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described by Subsection (e)(1), (2), or (3)] that the parents |
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request that the commissioner make such [to] order; or |
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(2) a written request by a campus governing body |
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established by the district under this section, including [the
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commissioner shall, except as otherwise authorized by this
|
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subsection, order the specific action requested. If the board of
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trustees of the school district in which the campus is located
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presents to the commissioner, in the time and manner specified by
|
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commissioner rule, a written request that the commissioner order
|
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specific action authorized under Subsection (e) other than the
|
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specific action requested in the parents' petition and] a written |
|
explanation of the basis for the body's [board's] request, |
|
specifying that the body requests that the commissioner make such |
|
[may] order [the action requested by the board of trustees]. |
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(i) [(e-3)] For purposes of Subsection (h)(1) [(e-2)], the |
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signature of only one parent of a student is required. |
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(j) [(f)
If the commissioner orders repurposing of a
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campus, the school district shall develop a comprehensive plan for
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repurposing the campus and submit the plan to the board of trustees
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for approval, using the procedures described by Section
|
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39.106(e-1), and to the commissioner for approval.
The plan must
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include a description of a rigorous and relevant academic program
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for the campus.
The plan may include various instructional models.
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The commissioner may not approve the repurposing of a campus
|
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unless:
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[(1)
all students in the assigned attendance zone of
|
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the campus in the school year immediately preceding the repurposing
|
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of the campus are provided with the opportunity to enroll in and are
|
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provided transportation on request to another campus, unless the
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commissioner grants an exception because there is no other campus
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in the district in which the students may enroll;
|
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[(2)
the principal is not retained at the campus,
|
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unless the commissioner determines that students enrolled at the
|
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campus have demonstrated significant academic improvement; and
|
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[(3)
teachers employed at the campus in the school
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year immediately preceding the repurposing of the campus are not
|
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retained at the campus, unless the commissioner or the
|
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commissioner's designee grants an exception, at the request of a
|
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school district, for:
|
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[(A)
a teacher who provides instruction in a
|
|
subject other than a subject for which an assessment instrument is
|
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administered under Section 39.023(a) or (c) who demonstrates to the
|
|
commissioner satisfactory performance; or
|
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[(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
|
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students of the teacher demonstrated satisfactory performance or
|
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improved academic growth on that assessment instrument.
|
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[(g)
If an educator is not retained under Subsection (f),
|
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the educator may be assigned to another position in the district.
|
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[(h)
If the commissioner orders alternative management
|
|
under this section, the commissioner shall solicit proposals from
|
|
qualified nonprofit entities to assume management of a campus
|
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subject to this section or may appoint to assume management of a
|
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campus subject to this section a school district other than the
|
|
district in which the campus is located that is located in the
|
|
boundaries of the same regional education service center as the
|
|
campus is located. The commissioner may solicit proposals from
|
|
qualified for-profit entities to assume management of a campus
|
|
subject to this section if a nonprofit entity has not responded to
|
|
the commissioner's request for proposals. A district appointed
|
|
under this section shall assume management of a campus subject to
|
|
this section in the same manner provided by this section for a
|
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qualified entity or in accordance with commissioner rule.
|
|
[(i)] If the commissioner determines that the basis for the |
|
unsatisfactory performance of a campus for more than two |
|
consecutive school years is limited to a specific condition that |
|
may be remedied with targeted technical assistance, the |
|
commissioner may require the school district to contract for the |
|
appropriate technical assistance in lieu of removal under this |
|
section. |
|
[(j)
The commissioner may annually solicit proposals under
|
|
this section for the management of a campus subject to this section.
|
|
The commissioner shall notify a qualified entity that has been
|
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approved as a provider under this section. The district must
|
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execute a contract with an approved provider and relinquish control
|
|
of the campus before January 1 of the school year.] |
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(k) [To qualify for consideration as a managing entity under
|
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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
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|
in campuses considered to have an unacceptable performance rating;
|
|
[(2)
a proven record of effectiveness with programs
|
|
assisting low-performing students;
|
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[(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
|
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[(5)
any other experience or qualifications the
|
|
commissioner determines necessary.
|
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[(l)
In selecting a managing entity under this section, the
|
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commissioner shall give preference to a qualified entity that:
|
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[(1) meets any qualifications under this section; and
|
|
[(2)
has documented success in educating students from
|
|
similar demographic groups and with similar educational needs as
|
|
the students who attend the campus that is to be operated by a
|
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managing entity under this section.
|
|
[(m)
The school district may negotiate the term of a
|
|
management contract for not more than five years with an option to
|
|
renew the contract. The management contract must include a
|
|
provision describing the district's responsibilities in supporting
|
|
the operation of the campus. The commissioner shall approve the
|
|
contract before the contract is executed and, as appropriate, may
|
|
require the district, as a term of the contract, to support the
|
|
campus in the same manner as the district was required to support
|
|
the campus before the execution of the management contract.
|
|
[(n)
A management contract under this section shall include
|
|
provisions approved by the commissioner that require the managing
|
|
entity to demonstrate improvement in campus performance, including
|
|
negotiated performance measures. The performance measures must be
|
|
consistent with the priorities of this chapter. The commissioner
|
|
shall evaluate a managing entity's performance on the first and
|
|
second anniversaries of the date of the management contract. If the
|
|
evaluation fails to demonstrate improvement as negotiated under the
|
|
contract by the first anniversary of the date of the management
|
|
contract, the district may terminate the management contract, with
|
|
the commissioner's consent, for nonperformance or breach of
|
|
contract and select another provider from an approved list provided
|
|
by the commissioner. If the evaluation fails to demonstrate
|
|
significant improvement, as determined by the commissioner, by the
|
|
second anniversary of the date of the management contract, the
|
|
district shall terminate the management contract and select another
|
|
provider from an approved list provided by the commissioner or
|
|
resume operation of the campus if approved by the commissioner. If
|
|
the commissioner approves the district's operation of the campus,
|
|
the commissioner shall assign a technical assistance team to assist
|
|
the campus.
|
|
[(o)] Notwithstanding any other provision of this code, the |
|
funding for a campus removed to the district [operated by a managing
|
|
entity] must be not less than the funding of the other campuses in |
|
the prior system [district] on a per student basis so that the |
|
district [managing entity] receives at least the same funding the |
|
campus would otherwise have received. |
|
(l) [(p)
Each campus operated by a managing entity under
|
|
this section is subject to this chapter in the same manner as any
|
|
other campus in the district.
|
|
[(q)] The commissioner may adopt rules necessary to |
|
implement this section. |
|
[(r)
With respect to the management of a campus under this
|
|
section:
|
|
[(1)
a managing entity is considered to be a
|
|
governmental body for purposes of Chapters 551 and 552, Government
|
|
Code; and
|
|
[(2)
any requirement in Chapter 551 or 552, Government
|
|
Code, that applies to a school district or the board of trustees of
|
|
a school district applies to a managing entity.] |
|
SECTION 4. Section 39.108, Education Code, is amended to |
|
read as follows: |
|
Sec. 39.108. ANNUAL REVIEW. The commissioner shall review |
|
annually the performance of a district or campus subject to this |
|
subchapter, including the Texas Achievement School District, 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 5. Subsection (b), Section 39.332, Education Code, |
|
is amended by adding Subdivision (22-a) to read as follows: |
|
(22-a) Based on the annual review required under |
|
Section 39.108, the report must contain a listing and description |
|
of the status of each campus under the jurisdiction of the Texas |
|
Achievement School District and a summary of the reforms |
|
implemented and progress achieved by each campus. |
|
SECTION 6. Section 39.115, Education Code, is repealed. |
|
SECTION 7. This Act applies beginning with the 2013-2014 |
|
school year. |
|
SECTION 8. This Act takes effect August 1, 2013, 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 effect on that |
|
date, this Act takes effect September 1, 2013. |