| 1 | 1 | | 81R13034 CAS-D |
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| 2 | 2 | | By: Shapleigh S.B. No. 2179 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the termination of employment by school districts of |
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| 8 | 8 | | district or campus administrators who exempt students from |
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| 9 | 9 | | administration of statewide assessment instruments under certain |
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| 10 | 10 | | circumstances. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter B, Chapter 39, Education Code, is |
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| 13 | 13 | | amended by adding Section 39.0271 to read as follows: |
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| 14 | 14 | | Sec. 39.0271. WRONGFUL EXEMPTION FROM ADMINISTRATION; |
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| 15 | 15 | | TERMINATION OF EMPLOYMENT. (a) Using the data prepared for the |
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| 16 | 16 | | comprehensive annual report under Section 39.182(a)(3), if the |
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| 17 | 17 | | commissioner determines, in accordance with commissioner rule, |
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| 18 | 18 | | that a campus or school district has granted an unusually high |
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| 19 | 19 | | number or percentage of exemptions or an unusually high number or |
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| 20 | 20 | | percentage of exemptions on a particular basis from the |
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| 21 | 21 | | administration of an assessment instrument under Section 39.023, |
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| 22 | 22 | | the commissioner shall order an investigation by the agency's |
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| 23 | 23 | | office of inspector general of the campus or district exemption |
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| 24 | 24 | | process, as applicable, and of each administrator with |
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| 25 | 25 | | responsibility for granting or approving an exemption. |
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| 26 | 26 | | (b) Using any procedure required by Chapter 21 or other law, |
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| 27 | 27 | | a school district shall act to terminate the employment of a |
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| 28 | 28 | | district or campus administrator if, after a thorough investigation |
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| 29 | 29 | | by the office of inspector general, the office determines that the |
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| 30 | 30 | | administrator has exempted a student from the administration of an |
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| 31 | 31 | | assessment instrument primarily to increase the percentage of |
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| 32 | 32 | | students who perform satisfactorily on the assessment instruments |
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| 33 | 33 | | in the district or at the campus. |
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| 34 | 34 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 35 | 35 | | school year. |
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| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2009. |
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