2013S0302-1 02/18/13
By: Perry H.B. No. 3789
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Texas Achievement School
District for the education of students attending campuses removed
from the jurisdiction of a school district or open-enrollment
charter school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 11, Education Code, is amended by adding
Subchapter I to read as follows:
SUBCHAPTER I. TEXAS ACHIEVEMENT SCHOOL DISTRICT
Sec. 11.401. DEFINITIONS. In this subchapter:
(1) "District" means the Texas Achievement School
District created under this subchapter.
(2) "Prior system" means a school district or
open-enrollment charter school from which a campus is removed under
Section 39.107.
Sec. 11.402. TEXAS ACHIEVEMENT SCHOOL DISTRICT
ESTABLISHED. (a) The Texas Achievement School District is
established as a school district under the laws of this state, and
as an intermediate educational unit under 34 C.F.R. Section 222.50,
for the education of students attending any campus removed from the
jurisdiction of a school district or open-enrollment charter school
under Section 39.107.
(b) The superintendent of the district shall report to the
commissioner under a written contract for services.
(c) The district does not have authority to impose taxes,
but may seek and expend federal funding and grant funding and may
otherwise seek, obtain, and expend funding with the same authority
as an independent school district.
(d) The district may provide for the supervision,
management, and operation of each campus removed to its
jurisdiction and may receive, control, and expend the local, state,
and federal funding attributable to that campus with all the same
power and authority as the prior system, subject to the
requirements of this subchapter and Section 39.107, and with any
other power or authority otherwise granted by law.
(e) The district is entitled to the same level of services
from regional education service centers as that provided to other
school districts and is entitled to participate in any state
program available to school districts, including a purchasing
program. In addition, using funds appropriated for the regional
education service centers, the commissioner shall direct that
appropriate administrative facilities and support be made
available to serve as the central administrative offices of the
district.
(f) The district shall reform and operate each campus under
its jurisdiction in whatever manner is determined by the
superintendent to be most likely to bring the school to an
acceptable level of performance under Chapter 39. The district may
contract with a public or private entity for educational services
to the students attending campuses removed to the district and
shall, in the sole discretion of the superintendent, reconstitute,
repurpose, alternatively manage, convert to charter status, or
otherwise reform each campus based on the unique circumstances
presented by the campus.
(g) The district may employ such staff as the superintendent
considers necessary.
Sec. 11.403. APPLICABILITY OF LAWS, RULES, AND ORDINANCES.
(a) Except as expressly provided by law, the district is subject
to federal and state laws and rules governing public schools and to
municipal zoning ordinances governing public schools.
(b) Except as expressly provided by law, the district is
subject to a provision of this title to the extent and in the manner
that such provision applies to an open-enrollment charter school
under Subchapter D, Chapter 12.
Sec. 11.404. IMMUNITY. The district is immune from
liability to the same extent as any other school district, and its
employees and volunteers are immune from liability to the same
extent as other school district employees and volunteers.
Sec. 11.405. MEMBERSHIP IN TEACHER RETIREMENT SYSTEM OF
TEXAS BY DISTRICT EMPLOYEES. (a) An employee of the district who
qualifies for membership in the Teacher Retirement System of Texas
is covered under the system to the same extent that a qualified
employee of any other school district is covered.
(b) For each employee of the district covered under the
Teacher Retirement System of Texas, the district and the state
shall make their respective contributions to the same extent to
which each would be legally responsible if the employee were the
employee of another school district.
Sec. 11.406. FUNDING OF STUDENTS ENROLLED IN DISTRICT.
(a) The district is entitled to receive for the education of
students at each campus removed to the district funding under
Chapter 42 equal to the amount of funding per student in weighted
average daily attendance to which the prior system would be
entitled under that chapter if it were a school district without a
tier one local share for purposes of Section 42.253.
(b) In determining funding for the district under
Subsection (a), adjustment under Section 42.102, 42.103, 42.104, or
42.105 is based on the actual adjustment for the prior system. In
addition to the funding provided by Subsection (a), the district is
entitled to receive enrichment funding under Section 42.302 based
on the actual amount received by the prior system.
(c) In determining funding for the district under
Subsection (a), the commissioner shall apply the same adjustment
factor provided under Section 42.101 to calculate the regular
program allotment as was applied for the prior system.
(d) The district is entitled to funds that are available to
other school districts from the agency or the commissioner in the
form of grants or other discretionary funding. The district is
entitled to a pro rata share of all revenue disbursed to the prior
system by the agency or the commissioner in the form of grants or
other discretionary funding.
(e) The district is entitled to share in the available
school fund apportionment and other privileges to the same extent
and in the same manner as did the prior system. The district shall
report its student attendance and receive funding in the same
manner as any other district.
(f) The amount of funding the prior system is entitled to
receive under Chapter 42 is reduced by an amount equal to the amount
of funding received by the district under this section, including
the tier one local share.
(g) Funds received by the district under this section shall
be used for the operation and administration of campuses removed to
the district under Section 39.107.
(h) The commissioner shall adopt rules as necessary to
implement this section.
Sec. 11.407. USE OF FACILITIES. (a) The district has the
unrestricted right to use any school building and all facilities
and property otherwise part of a removed campus and recognized as
part of the facilities or assets of the campus prior to its removal
to the district. The district is responsible for and obligated to
provide for routine maintenance and repair, and the facilities and
property must be maintained in as good an order as when the right of
use was acquired by the district. The district is not required to
provide for extensive repair to buildings or facilities that would
be considered a capital expense. Such repairs are the
responsibility of the prior system.
(b) In addition to the buildings, facilities, and property
described by Subsection (a), the district has access to such
additional facilities as were typically available to the students,
faculty, and staff of a campus prior to its removal to the district.
Sec. 11.408. SUPPORT BY PRIOR SYSTEM. The district may
require the prior system to provide school support or student
support services for a campus removed from its jurisdiction,
including student transportation, school food service, and student
assessment for special education eligibility, that are compliant
with all laws and regulations governing such services. The
district shall reimburse the actual cost of such services to the
prior system. If the district and the prior system are unable to
agree on the actual cost of services to be reimbursed, the
commissioner or the commissioner's designee shall determine the
cost to be reimbursed.
Sec. 11.409. ACHIEVEMENT CHARTER SCHOOLS. (a) The
district may design and grant campus charters under Section
12.0521(a)(1) to new campuses created by the district for the
purpose of applying its experience and expertise in turning around
persistently low-performing campuses. The district shall develop a
statewide plan under this section to be submitted in the manner
provided by Section 39.332.
(b) A new charter under this section is eligible for funding
under Section 11.406. Any administrative cost of authorizing
charter activities under this section may be paid from funds
appropriated to the agency.
SECTION 2. Subsection (f), Section 39.106, Education Code,
is amended to read as follows:
(f) Notwithstanding any other provision of this subchapter,
if the commissioner determines that a campus for which an
intervention is ordered under Subsection (a) is not fully
implementing the campus intervention team's recommendations or
targeted improvement plan or updated plan, the commissioner may
order the removal [reconstitution] of the campus as provided by
Section 39.107.
SECTION 3. Section 39.107, Education Code, is amended to
read as follows:
Sec. 39.107. REMOVAL OF CAMPUS TO TEXAS ACHIEVEMENT SCHOOL
DISTRICT [RECONSTITUTION, REPURPOSING, ALTERNATIVE MANAGEMENT, AND
CLOSURE]. (a) In this section:
(1) "District" means the Texas Achievement School
District established under Subchapter I, Chapter 11.
(2) "Prior system" has the meaning assigned by Section
11.401.
(3) "Superintendent" means the superintendent of the
district.
(b) After a campus has been identified as unacceptable for
two consecutive school years, the commissioner, after consulting
with the superintendent, shall order the removal [reconstitution]
of the campus to the district. The removed campus shall be
reorganized and reformed, as necessary, and operated by the
district in whatever manner the superintendent determines to be
most likely to bring the school to an acceptable level of
performance under this chapter. The district shall retain
jurisdiction over the removed campus until the campus is returned
to the prior system under Subsection (f) or (g).
(c) Notwithstanding any other provision of law, a student in
the assigned attendance zone of a campus that is removed under this
section may attend the campus after its removal to the district or
may exercise an option, to be made available by the prior system, to
attend another campus remaining under the jurisdiction of the prior
system. Only a student eligible to attend the campus under the
prior system may attend the campus after its removal to the
district. However, a student eligible to participate in a school
choice program established by the prior system may attend a campus
after its removal if the campus has the capacity to add the student
in the appropriate grade. The superintendent shall determine the
maximum capacity of each district campus by grade level.
(d) [(a-1) In reconstituting a campus, a campus
intervention team shall assist the campus in:
[(1) developing an updated targeted improvement plan;
[(2) submitting the updated targeted improvement plan
to the board of trustees of the school district for approval and
presenting the plan in a public hearing as provided by Section
39.106(e-1);
[(3) obtaining approval of the updated plan from the
commissioner; and
[(4) executing the plan on approval by the
commissioner.
[(b)] The superintendent has sole discretion to determine
[campus intervention team shall decide] which educators may be
retained at a removed [that] campus. A certified teacher with
regular and direct responsibility for providing classroom
instruction to students must be given priority consideration for
employment in a comparable position at the removed campus. A person
who is not retained by the district or who chooses to remain
employed by the prior system may be reassigned by the prior system
consistent with the prior system's contractual obligations or
policies regarding the retention and reassignment of employees. [A
principal who has been employed by the campus in that capacity
during the full period described by Subsection (a) may not be
retained at that campus unless the campus intervention team
determines that retention of the principal would be more beneficial
to the student achievement and campus stability than removal.
[(b-1) 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.
[(b-2) For each year that a campus is considered to have an
unacceptable performance rating, a campus intervention team shall:
[(1) assist in updating the targeted improvement plan
to identify and analyze areas of growth and areas that require
improvement;
[(2) submit the updated plan to:
[(A) the board of trustees of the school
district; and
[(B) the parents of campus students; and
[(3) assist in submitting the updated plan to the
commissioner for approval.
[(c) A campus subject to Subsection (a) shall implement the
updated targeted improvement plan as approved by the commissioner.
The commissioner may appoint a monitor, conservator, management
team, or board of managers to the district to ensure and oversee
district-level support to low-performing campuses and the
implementation of the updated targeted improvement plan. In making
appointments under this subsection, the commissioner shall
consider individuals who have demonstrated success in managing
campuses with student populations similar to the campus at which
the individual appointed will serve.
[(d) If the commissioner determines that the campus is not
fully implementing the updated targeted improvement plan or if the
students enrolled at the campus fail to demonstrate substantial
improvement in the areas targeted by the updated plan, the
commissioner may order:
[(1) repurposing of the campus under this section;
[(2) alternative management of the campus under this
section; or
[(3) closure of the campus.]
(e) For the purposes of any benefit or right requiring
continuous service or based on years of service, the prior system
must grant a leave of absence to any person who is employed at a
campus when the campus is removed under this section and who is
subsequently retained by the district. The prior system is not
required to provide benefits during such leave of absence. If the
employee subsequently returns to the prior system's employment, the
employee's period of employment at the removed campus qualifies as
service time. The benefits and privileges of any person employed at
a removed campus, or employed by an operator of a removed campus
under contract with the district, who was not employed by the prior
system when the campus was removed to the district shall be
determined by the district or operator, in compliance with
applicable law, at the time of employment.
(f) When a removed campus achieves an acceptable level of
performance under this chapter, the commissioner, upon the
recommendation of the superintendent, shall direct the district and
the prior system to enter into an agreement to return the campus to
the prior system. The agreement must include provisions:
(1) detailing the operation of the campus after its
return to the prior system, including provisions for the
continuation of the programs that have provided the basis for
improved academic achievement by students;
(2) describing the employment status of all persons
employed at the campus who were not employed by the prior system at
the time the campus was removed to the district; and
(3) detailing the means and timetable for the
transition and return of the campus to the prior system.
(g) If a removed campus fails to achieve an acceptable level
of performance under this chapter within three years following
removal of the campus, the superintendent shall:
(1) organize a new campus under district jurisdiction
for the education of students eligible to attend the campus
initially removed from the prior system;
(2) grant the new campus a charter under Section
12.0521(a)(1);
(3) reform and operate the new campus charter in
whatever manner is determined by the superintendent to be most
likely to bring the school to an acceptable level of performance
under this chapter;
(4) seek agreement to return the campus charter to the
prior system when eligibility is established under Subsection (f);
(5) in the next statewide plan required under Section
11.409, address the failure of the campus to achieve an acceptable
level of performance within three years; and
(6) record, for annual reporting in accordance with
Section 39.332(b)(22-a), the actions taken under Subdivisions
(1)-(5).
(h) [If a campus is considered to have an unacceptable
performance rating for three consecutive school years after the
campus is reconstituted under Subsection (a), the commissioner,
subject to Subsection (e-1) or (e-2), shall order:
[(1) repurposing of the campus under this section;
[(2) alternative management of the campus under this
section; or
[(3) closure of the campus.
[(e-1) The commissioner may waive the requirement to enter
an order under Subsection (e) for not more than one school year if
the commissioner determines that, on the basis of significant
improvement in student performance over the preceding two school
years, the campus is likely to be assigned an acceptable
performance rating for the following school year.
[(e-2)] For purposes of this subsection, "parent" has the
meaning assigned by Section 12.051. The provisions of Subsections
(a)-(e-1) and (f)-(r), as in effect on May 31, 2013, governing
repurposing, alternative management, and closure of a campus shall
continue in full force and effect and shall be implemented by order
of the commissioner if [If] the commissioner is presented, in the
time and manner specified by commissioner rule:
(1) [,] a written petition signed by the parents of a
majority of the students enrolled at a campus described by [to
which] Subsection (g) [(e) applies], specifying [the action
described by Subsection (e)(1), (2), or (3)] that the parents
request that the commissioner make such [to] order; or
(2) a written request by a campus governing body
established by the district under this section, including [the
commissioner shall, except as otherwise authorized by this
subsection, order the specific action requested. If the board of
trustees of the school district in which the campus is located
presents to the commissioner, in the time and manner specified by
commissioner rule, a written request that the commissioner order
specific action authorized under Subsection (e) other than the
specific action requested in the parents' petition and] a written
explanation of the basis for the body's [board's] request,
specifying that the body requests that the commissioner make such
[may] order [the action requested by the board of trustees].
(i) [(e-3)] For purposes of Subsection (h)(1) [(e-2)], the
signature of only one parent of a student is required.
(j) [(f) If the commissioner orders repurposing of a
campus, the school district shall develop a comprehensive plan for
repurposing the campus and submit the plan to the board of trustees
for approval, using the procedures described by Section
39.106(e-1), and to the commissioner for approval. The plan must
include a description of a rigorous and relevant academic program
for the campus. The plan may include various instructional models.
The commissioner may not approve the repurposing of a campus
unless:
[(1) all students in the assigned attendance zone of
the campus in the school year immediately preceding the repurposing
of the campus are provided with the opportunity to enroll in and are
provided transportation on request to another campus, unless the
commissioner grants an exception because there is no other campus
in the district in which the students may enroll;
[(2) the principal is not retained at the campus,
unless the commissioner determines that students enrolled at the
campus have demonstrated significant academic improvement; and
[(3) teachers employed at the campus in the school
year immediately preceding the repurposing of the campus are not
retained at the campus, unless the commissioner or the
commissioner's designee grants an exception, at the request of a
school district, for:
[(A) a teacher who provides instruction in a
subject other than a subject for which an assessment instrument is
administered under Section 39.023(a) or (c) who demonstrates to the
commissioner satisfactory performance; or
[(B) a teacher who provides instruction in a
subject for which an assessment instrument is administered under
Section 39.023(a) or (c) if the district demonstrates that the
students of the teacher demonstrated satisfactory performance or
improved academic growth on that assessment instrument.
[(g) If an educator is not retained under Subsection (f),
the educator may be assigned to another position in the district.
[(h) If the commissioner orders alternative management
under this section, the commissioner shall solicit proposals from
qualified nonprofit entities to assume management of a campus
subject to this section or may appoint to assume management of a
campus subject to this section a school district other than the
district in which the campus is located that is located in the
boundaries of the same regional education service center as the
campus is located. The commissioner may solicit proposals from
qualified for-profit entities to assume management of a campus
subject to this section if a nonprofit entity has not responded to
the commissioner's request for proposals. A district appointed
under this section shall assume management of a campus subject to
this section in the same manner provided by this section for a
qualified entity or in accordance with commissioner rule.
[(i)] If the commissioner determines that the basis for the
unsatisfactory performance of a campus for more than two
consecutive school years is limited to a specific condition that
may be remedied with targeted technical assistance, the
commissioner may require the school district to contract for the
appropriate technical assistance in lieu of removal under this
section.
[(j) The commissioner may annually solicit proposals under
this section for the management of a campus subject to this section.
The commissioner shall notify a qualified entity that has been
approved as a provider under this section. The district must
execute a contract with an approved provider and relinquish control
of the campus before January 1 of the school year.]
(k) [To qualify for consideration as a managing entity under
this section, the entity must submit a proposal that provides
information relating to the entity's management and leadership team
that will participate in management of the campus under
consideration, including information relating to individuals that
have:
[(1) documented success in whole school interventions
that increased the educational and performance levels of students
in campuses considered to have an unacceptable performance rating;
[(2) a proven record of effectiveness with programs
assisting low-performing students;
[(3) a proven ability to apply research-based school
intervention strategies;
[(4) a proven record of financial ability to perform
under the management contract; and
[(5) any other experience or qualifications the
commissioner determines necessary.
[(l) In selecting a managing entity under this section, the
commissioner shall give preference to a qualified entity that:
[(1) meets any qualifications under this section; and
[(2) has documented success in educating students from
similar demographic groups and with similar educational needs as
the students who attend the campus that is to be operated by a
managing entity under this section.
[(m) The school district may negotiate the term of a
management contract for not more than five years with an option to
renew the contract. The management contract must include a
provision describing the district's responsibilities in supporting
the operation of the campus. The commissioner shall approve the
contract before the contract is executed and, as appropriate, may
require the district, as a term of the contract, to support the
campus in the same manner as the district was required to support
the campus before the execution of the management contract.
[(n) A management contract under this section shall include
provisions approved by the commissioner that require the managing
entity to demonstrate improvement in campus performance, including
negotiated performance measures. The performance measures must be
consistent with the priorities of this chapter. The commissioner
shall evaluate a managing entity's performance on the first and
second anniversaries of the date of the management contract. If the
evaluation fails to demonstrate improvement as negotiated under the
contract by the first anniversary of the date of the management
contract, the district may terminate the management contract, with
the commissioner's consent, for nonperformance or breach of
contract and select another provider from an approved list provided
by the commissioner. If the evaluation fails to demonstrate
significant improvement, as determined by the commissioner, by the
second anniversary of the date of the management contract, the
district shall terminate the management contract and select another
provider from an approved list provided by the commissioner or
resume operation of the campus if approved by the commissioner. If
the commissioner approves the district's operation of the campus,
the commissioner shall assign a technical assistance team to assist
the campus.
[(o)] Notwithstanding any other provision of this code, the
funding for a campus removed to the district [operated by a managing
entity] must be not less than the funding of the other campuses in
the prior system [district] on a per student basis so that the
district [managing entity] receives at least the same funding the
campus would otherwise have received.
(l) [(p) Each campus operated by a managing entity under
this section is subject to this chapter in the same manner as any
other campus in the district.
[(q)] The commissioner may adopt rules necessary to
implement this section.
[(r) With respect to the management of a campus under this
section:
[(1) a managing entity is considered to be a
governmental body for purposes of Chapters 551 and 552, Government
Code; and
[(2) any requirement in Chapter 551 or 552, Government
Code, that applies to a school district or the board of trustees of
a school district applies to a managing entity.]
SECTION 4. Section 39.108, Education Code, is amended to
read as follows:
Sec. 39.108. ANNUAL REVIEW. The commissioner shall review
annually the performance of a district or campus subject to this
subchapter, including the Texas Achievement School District, to
determine the appropriate actions to be implemented under this
subchapter. The commissioner must review at least annually the
performance of a district for which the accreditation status or
rating has been lowered due to insufficient student performance and
may not raise the accreditation status or rating until the district
has demonstrated improved student performance. If the review
reveals a lack of improvement, the commissioner shall increase the
level of state intervention and sanction unless the commissioner
finds good cause for maintaining the current status.
SECTION 5. Subsection (b), Section 39.332, Education Code,
is amended by adding Subdivision (22-a) to read as follows:
(22-a) Based on the annual review required under
Section 39.108, the report must contain a listing and description
of the status of each campus under the jurisdiction of the Texas
Achievement School District and a summary of the reforms
implemented and progress achieved by each campus.
SECTION 6. Section 39.115, Education Code, is repealed.
SECTION 7. This Act applies beginning with the 2013-2014
school year.
SECTION 8. This Act takes effect August 1, 2013, 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 effect on that
date, this Act takes effect September 1, 2013.