81R11220 CAS-D
By: Turner of Harris H.B. No. 2744
A BILL TO BE ENTITLED
AN ACT
relating to sanctions available for certain academically
unacceptable campuses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.1323, Education Code, is amended by
adding Subsection (g) to read as follows:
(g) Notwithstanding any other provision of this chapter,
the commissioner may not impose on a campus for which a campus
intervention team has been appointed under Section 39.1322(b) any
additional sanctions until:
(1) the campus intervention team has completed the
comprehensive on-site evaluation required under Subsection (a)(1)
and the comprehensive on-site needs assessment under Subsection
(b);
(2) the campus intervention team has made
recommendations for a school improvement plan as provided by
Subsection (a)(3); and
(3) the campus has received any financial or other
assistance determined necessary under the evaluation process to
implement the school improvement plan.
SECTION 2. Sections 39.1324(a), (b), (c), and (d),
Education Code, are amended to read as follows:
(a) If a campus has been identified as academically
unacceptable for two consecutive school years, including the
current school year, and has been capable as provided by Section
39.1323(g) of implementing a school improvement plan for two
complete school years after the appointment of a campus
intervention team under Section 39.1322(b), the commissioner may
[shall] order the reconstitution of the campus and assign a campus
intervention team under this section. In any reconstitution of
[reconstituting] the campus, a campus intervention team shall
assist the campus in:
(1) developing a revised school improvement plan;
(2) obtaining approval of the plan from the
commissioner; and
(3) executing the plan on approval by the
commissioner.
(b) The campus intervention team shall decide which
educators may be retained at a reconstituted [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 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. The fact that an educator is not
retained under this subsection does not constitute good cause under
Chapter 21 for suspension of the educator without pay, nonrenewal
or termination of the educator's contract, or discharge of the
educator.
(c) A campus reconstituted under this section [subject to
Subsection (a)] shall implement the revised school improvement plan
as approved by the commissioner. 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 reconstituted under
this section [subject to Subsection (a)] is not fully implementing
the revised school improvement plan, the commissioner may pursue
alternative management of the campus under Section 39.1327 or may
order closure of the campus.
SECTION 3. Section 39.1327(a), Education Code, is amended
to read as follows:
(a) A campus may be subject to this section if the campus has
been identified as academically unacceptable under Section 39.132
and the commissioner orders alternative management under Section
39.1324(d) or [,] (e)[, or (f)].
SECTION 4. Sections 39.116 and 39.1324(f), Education Code,
are repealed.
SECTION 5. This Act applies beginning with the 2009-2010
school year.
SECTION 6. 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.