Texas 2009 - 81st Regular

Texas House Bill HB1238 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R8226 CAS-D
2	2	By: Dukes H.B. No. 1238
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to sanctions that may be imposed on public school campuses
8	8	identified as academically unacceptable for two consecutive school
9	9	years.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 39.1324, Education Code, is amended to
12	12	read as follows:
13	13	Sec. 39.1324. MANDATORY SANCTIONS. (a) If a campus has
14	14	been identified as academically unacceptable for two consecutive
15	15	school years, including the current school year, the commissioner
16	16	shall [order the reconstitution of the campus and] assign a campus
17	17	intervention team. The [In reconstituting the campus, a] campus
18	18	intervention team shall assist the campus in:
19	19	(1) developing a school improvement plan in
20	20	consultation with parents and guardians of campus students and
21	21	other interested persons in the community;
22	22	(2) obtaining approval of the plan from the
23	23	commissioner; and
24	24	(3) executing the plan on approval by the
25	25	commissioner.
26	26	(b) The campus intervention team, in consultation with
27	27	school district officials, the campus-level planning and
28	28	decision-making committee established under Subchapter F, Chapter
29	29	11, other parents and guardians of campus students, and other
30	30	interested persons in the community, shall decide which educators
31	31	may be retained at that campus. A principal who has been employed
32	32	by the campus in that capacity during the full two-year period
33	33	described by Subsection (a) may not be retained at that campus. A
34	34	teacher of a subject assessed by an assessment instrument under
35	35	Section 39.023 may be retained only if the campus intervention
36	36	team, in consultation with school district officials, the
37	37	campus-level planning and decision-making committee, other parents
38	38	and guardians of campus students, and other interested persons in
39	39	the community, determines that a pattern exists of significant
40	40	academic improvement by students taught by the teacher. If an
41	41	educator is not retained, the educator may be assigned to another
42	42	position in the district.
43	43	(c) A campus subject to Subsection (a), in conjunction with
44	44	school district officials and the campus-level planning and
45	45	decision-making committee, shall implement the school improvement
46	46	plan as approved by the commissioner and shall make the plan
47	47	available to interested persons on request. The commissioner may
48	48	appoint a monitor, conservator, management team, or a board of
49	49	managers to the district to ensure and oversee the implementation
50	50	of the school improvement plan.
51	51	(d) Notwithstanding any other provision of this subchapter,
52	52	if the commissioner determines that a campus subject to Subsection
53	53	(a) is not fully implementing the school improvement plan, the
54	54	commissioner may, in consultation with school district and campus
55	55	officials and the campus-level planning and decision-making
56	56	committee, take any of the following actions:
57	57	(1) replace any campus employee determined to be
58	58	contributing to the continued failure to meet state performance
59	59	standards;
60	60	(2) implement a new, scientifically-based curriculum
61	61	and professional development training in providing instruction in
62	62	that curriculum;
63	63	(3) increase the number of hours in the school day or
64	64	the number of days of instruction in the school year;
65	65	(4) appoint a person from outside the campus who has
66	66	relevant professional experience in education to assist the campus
67	67	in making progress, as provided by the campus improvement plan,
68	68	towards meeting state performance standards; or
69	69	(5) decrease the authority of the campus
70	70	administrators in managing the campus or otherwise restructure the
71	71	campus's management or administrative structure [pursue
72	72	alternative management of the campus under Section 39.1327 or may
73	73	order closure of the campus].
74	74	(e) If a campus is considered an academically unacceptable
75	75	campus for the subsequent school year after the campus intervention
76	76	team is assigned [reconstituted] under this section, the
77	77	commissioner shall review the progress of the campus and may, in
78	78	consultation with school district and campus officials and the
79	79	campus-level planning and decision-making committee, take any
80	80	action authorized under Subsection (d) [order closure of the campus
81	81	or pursue alternative management under Section 39.1327].
82	82	(f) If a campus is considered academically unacceptable for
83	83	two consecutive school years after the campus intervention team is
84	84	assigned [reconstituted] under Subsection (a), the commissioner
85	85	shall review the progress of the campus and shall, in consultation
86	86	with school district and campus officials and the campus-level
87	87	planning and decision-making committee, take one or more actions
88	88	authorized under Subsection (d) [order closure of the campus or
89	89	pursue alternative management under Section 39.1327].
90	90	SECTION 2. Section 39.1323(f), Education Code, is repealed.
91	91	SECTION 3. This Act applies beginning with the 2009-2010
92	92	school year.
93	93	SECTION 4. This Act takes effect immediately if it receives
94	94	a vote of two-thirds of all the members elected to each house, as
95	95	provided by Section 39, Article III, Texas Constitution. If this
96	96	Act does not receive the vote necessary for immediate effect, this
97	97	Act takes effect September 1, 2009.