81R8226 CAS-D
By: Dukes H.B. No. 1238
A BILL TO BE ENTITLED
AN ACT
relating to sanctions that may be imposed on public school campuses
identified as academically unacceptable for two consecutive school
years.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.1324, Education Code, is amended to
read as follows:
Sec. 39.1324. MANDATORY SANCTIONS. (a) If a campus has
been identified as academically unacceptable for two consecutive
school years, including the current school year, the commissioner
shall [order the reconstitution of the campus and] assign a campus
intervention team. The [In reconstituting the campus, a] campus
intervention team shall assist the campus in:
(1) developing a school improvement plan in
consultation with parents and guardians of campus students and
other interested persons in the community;
(2) obtaining approval of the plan from the
commissioner; and
(3) executing the plan on approval by the
commissioner.
(b) The campus intervention team, in consultation with
school district officials, the campus-level planning and
decision-making committee established under Subchapter F, Chapter
11, other parents and guardians of campus students, and other
interested persons in the community, shall decide which educators
may be retained at that campus. A principal who has been employed
by the campus in that capacity during the full two-year period
described by Subsection (a) may not be retained at that campus. A
teacher of a subject assessed by an assessment instrument under
Section 39.023 may be retained only if the campus intervention
team, in consultation with school district officials, the
campus-level planning and decision-making committee, other parents
and guardians of campus students, and other interested persons in
the community, determines that a pattern exists of significant
academic improvement by students taught by the teacher. If an
educator is not retained, the educator may be assigned to another
position in the district.
(c) A campus subject to Subsection (a), in conjunction with
school district officials and the campus-level planning and
decision-making committee, shall implement the school improvement
plan as approved by the commissioner and shall make the plan
available to interested persons on request. The commissioner may
appoint a monitor, conservator, management team, or a board of
managers to the district to ensure and oversee the implementation
of the school improvement plan.
(d) Notwithstanding any other provision of this subchapter,
if the commissioner determines that a campus subject to Subsection
(a) is not fully implementing the school improvement plan, the
commissioner may, in consultation with school district and campus
officials and the campus-level planning and decision-making
committee, take any of the following actions:
(1) replace any campus employee determined to be
contributing to the continued failure to meet state performance
standards;
(2) implement a new, scientifically-based curriculum
and professional development training in providing instruction in
that curriculum;
(3) increase the number of hours in the school day or
the number of days of instruction in the school year;
(4) appoint a person from outside the campus who has
relevant professional experience in education to assist the campus
in making progress, as provided by the campus improvement plan,
towards meeting state performance standards; or
(5) decrease the authority of the campus
administrators in managing the campus or otherwise restructure the
campus's management or administrative structure [pursue
alternative management of the campus under Section 39.1327 or may
order closure of the campus].
(e) If a campus is considered an academically unacceptable
campus for the subsequent school year after the campus intervention
team is assigned [reconstituted] under this section, the
commissioner shall review the progress of the campus and may, in
consultation with school district and campus officials and the
campus-level planning and decision-making committee, take any
action authorized under Subsection (d) [order closure of the campus
or pursue alternative management under Section 39.1327].
(f) If a campus is considered academically unacceptable for
two consecutive school years after the campus intervention team is
assigned [reconstituted] under Subsection (a), the commissioner
shall review the progress of the campus and shall, in consultation
with school district and campus officials and the campus-level
planning and decision-making committee, take one or more actions
authorized under Subsection (d) [order closure of the campus or
pursue alternative management under Section 39.1327].
SECTION 2. Section 39.1323(f), Education Code, is repealed.
SECTION 3. This Act applies beginning with the 2009-2010
school year.
SECTION 4. 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, 2009.