Texas 2009 - 81st Regular

Texas House Bill HB4053 Compare Versions

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11 By: Allen H.B. No. 4053
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to mandatory sanctions for certain academically
77 unacceptable public school campuses.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 39.1324, Education Code, is amended by
1010 amending Subsections (a), (b), and (e) and adding Subsection (a-1)
1111 to read as follows:
1212 (a) Except as provided by Subsection (a-1), if [If] a campus
1313 has been identified as academically unacceptable for two
1414 consecutive school years, including the current school year, the
1515 commissioner shall order the reconstitution of the campus and
1616 assign a campus intervention team. In reconstituting the campus, a
1717 campus intervention team shall assist the campus in:
1818 (1) developing a school improvement plan;
1919 (2) obtaining approval of the plan from the
2020 commissioner; and
2121 (3) executing the plan on approval by the
2222 commissioner.
2323 (a-1) The commissioner is not required to take action under
2424 Subsection (a) during the second consecutive year for which a
2525 campus is identified as academically unacceptable or, regardless of
2626 the continued identification of the campus as academically
2727 unacceptable, during the next school year if:
2828 (1) the campus demonstrates improvement, as measured
2929 from the preceding school year, in relation to performance on the
3030 indicator or indicators under Section 39.051 on which the
3131 identification as academically unacceptable for the current school
3232 year is based; or
3333 (2) the identification of the campus as academically
3434 unacceptable for the current year is based on a single indicator
3535 under Section 39.051 that:
3636 (A) was not a basis for identification of the
3737 campus as academically unacceptable for the preceding school year;
3838 and
3939 (B) is based on the performance of a group of
4040 students that does not constitute more than 30 percent of the total
4141 campus student population.
4242 (b) The campus intervention team shall decide which
4343 educators may be retained at that campus. A principal who has been
4444 employed by the campus in that capacity during the [full two-year]
4545 period described by Subsection (a) or (a-1), as applicable, and
4646 whose campus has not demonstrated adequate improvement may not be
4747 retained at that campus. A teacher of a subject assessed by an
4848 assessment instrument under Section 39.023 may be retained only if
4949 the campus intervention team determines that a pattern exists of
5050 significant academic improvement by students taught by the teacher.
5151 If an educator is not retained, the educator may be assigned to
5252 another position in the district.
5353 (e) If a campus is considered an academically unacceptable
5454 campus for the subsequent school year after the campus is
5555 reconstituted under this section, the commissioner shall review the
5656 progress of the campus and may order closure of the campus or pursue
5757 alternative management under Section 39.1327. This subsection does
5858 not apply if the identification as academically unacceptable is
5959 based on a single indicator under Section 39.051 that:
6060 (A) was not a basis for identification of the
6161 campus as academically unacceptable for the preceding school year;
6262 and
6363 (B) is based on the performance of a group of
6464 students that does not constitute more than 30 percent of the total
6565 campus student population.
6666 SECTION 2. This Act applies beginning with the 2009-2010
6767 school year.
6868 SECTION 3. This Act takes effect immediately if it receives
6969 a vote of two-thirds of all the members elected to each house, as
7070 provided by Section 39, Article III, Texas Constitution. If this
7171 Act does not receive the vote necessary for immediate effect, this
7272 Act takes effect September 1, 2009.