| 1 | 1 | | By: Shapiro S.B. No. 738 |
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| 2 | 2 | | (Villarreal) |
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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 a parental role in determining sanctions applied to a |
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| 8 | 8 | | public school campus under certain circumstances. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 39.107, Education Code, is amended by |
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| 11 | 11 | | amending Subsection (e) and adding Subsections (e-2) and (e-3) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (e) If a campus is considered to have an unacceptable |
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| 14 | 14 | | performance rating for three consecutive school years after the |
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| 15 | 15 | | campus is reconstituted under Subsection (a), the commissioner, |
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| 16 | 16 | | subject to Subsection (e-1) or (e-2), shall order: |
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| 17 | 17 | | (1) repurposing of the campus under this section; |
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| 18 | 18 | | (2) alternative management of the campus under this |
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| 19 | 19 | | section; or |
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| 20 | 20 | | (3) closure of the campus. |
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| 21 | 21 | | (e-2) For purposes of this subsection, "parent" has the |
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| 22 | 22 | | meaning assigned by Section 12.051. If the commissioner is |
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| 23 | 23 | | presented, in the time and manner specified by commissioner rule, a |
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| 24 | 24 | | written petition signed by the parents of a majority of the students |
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| 25 | 25 | | enrolled at a campus to which Subsection (e) applies, specifying |
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| 26 | 26 | | the action described by Subsection (e)(1), (2), or (3) that the |
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| 27 | 27 | | parents request the commissioner to order, the commissioner shall, |
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| 28 | 28 | | except as otherwise authorized by this subsection, order the |
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| 29 | 29 | | specific action requested. If the board of trustees of the school |
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| 30 | 30 | | district in which the campus is located presents to the |
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| 31 | 31 | | commissioner, in the time and manner specified by commissioner |
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| 32 | 32 | | rule, a written request that the commissioner order specific action |
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| 33 | 33 | | authorized under Subsection (e) other than the specific action |
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| 34 | 34 | | requested in the parents' petition and a written explanation of the |
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| 35 | 35 | | basis for the board's request, the commissioner may order the |
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| 36 | 36 | | action requested by the board of trustees. |
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| 37 | 37 | | (e-3) For purposes of Subsection (e-2), the signature of |
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| 38 | 38 | | only one parent of a student is required. |
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| 39 | 39 | | SECTION 2. This Act applies beginning with the 2011-2012 |
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| 40 | 40 | | school year. |
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| 41 | 41 | | SECTION 3. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2011. |
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