By: West S.B. No. 1718
(In the Senate - Filed March 8, 2013; March 25, 2013, read
first time and referred to Committee on Education; April 22, 2013,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 8, Nays 0; April 22, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1718 By: West
A BILL TO BE ENTITLED
AN ACT
relating to state interventions and sanctions against public school
campuses with unacceptable performance and the establishment of the
Texas Achievement School District for educating students at certain
low-performing campuses.
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. TEXAS ACHIEVEMENT SCHOOL DISTRICT
ESTABLISHED. (a) The Texas Achievement School District is hereby
established as a school district under this code and an
intermediate educational unit under 34 C.F.R. Section 222.50 for
the purpose of educating students attending a campus removed from
the jurisdiction of a school district under Section 39.1071.
(b) In this subchapter, "prior system" means the school
district from which a campus that is transferred to the
jurisdiction of the achievement school district was removed.
(c) The commissioner shall select the superintendent of the
achievement school district. The superintendent shall report to
the commissioner under a written contract for services.
(d) The achievement school district does not have authority
to impose taxes but has authority to seek and expend federal funding
and grant funding and to otherwise seek, obtain, and expend funding
with the same authority as an independent school district.
(e) The achievement school district may provide for the
supervision, management, and operation of each campus placed under
the district's jurisdiction and 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 39.1071, and with any
other power or authority otherwise granted by law.
(f) The achievement school district is entitled to the same
level of services provided to other school districts by regional
education service centers, and 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.
(g) The achievement school district may not contract with a
private entity for providing educational services to the students
attending a campus transferred to the district, other than an
eligible entity, as defined by Section 12.101, that holds a charter
granted under Chapter 12 and has:
(1) operated one or more open-enrollment charter
schools in this state for three or more consecutive years;
(2) achieved a district rating of exemplary or
recognized under Subchapter G, Chapter 39, or the equivalent under
subsequent laws or rules regarding accountability ratings for three
of the preceding five years;
(3) documented success in whole school interventions
that increased the educational and performance levels of students
in campuses that received unacceptable performance ratings under
Section 39.054; and
(4) demonstrated success in educating populations of
students similar to the populations of students enrolled at the
campus transferred to the district.
(h) The achievement school district may employ such staff as
the superintendent deems necessary.
Sec. 11.402. APPLICABILITY OF LAWS, RULES, AND ORDINANCES
TO ACHIEVEMENT SCHOOL DISTRICT. (a) Except as expressly provided
by law, the achievement school district is subject to federal and
state laws and rules governing public schools and to municipal
zoning ordinances governing public schools.
(b) Except as provided by Subsection (c) and as expressly
provided by other law, the achievement school 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.
(c) A teacher employed by the achievement school district
must be certified under Subchapter B, Chapter 21, and may only teach
a subject in which the teacher is certified.
(d) The performance of a campus under the jurisdiction of
the achievement school district may not be used for purposes of
determining the prior system's performance rating under Section
39.054.
(e) With respect to the operation of the achievement school
district, any requirement in Chapter 551 or 552, Government Code,
or another law that concerns open meetings or the availability of
information that applies to a school district, the board of
trustees of a school district, or public school students applies to
the achievement school district, the superintendent of the
district, or students attending the district.
Sec. 11.403. IMMUNITY. The achievement school district is
immune from liability to the same extent as any other school
district, and the district's employees and volunteers are immune
from liability to the same extent as other school district
employees and volunteers.
Sec. 11.404. MEMBERSHIP IN TEACHER RETIREMENT SYSTEM OF
TEXAS BY ACHIEVEMENT SCHOOL DISTRICT EMPLOYEES. (a) An employee
of the achievement school district who qualifies for membership in
the Teacher Retirement System of Texas shall be covered under the
system to the same extent a qualified employee of any other school
district is covered.
(b) For each employee of the achievement school district
covered under the system, the district is responsible for making
any contribution that otherwise would be the legal responsibility
of the district, and the state is responsible for making
contributions to the same extent it would be legally responsible if
the employee were that of another school district.
Sec. 11.405. FUNDING OF STUDENTS ENROLLED IN ACHIEVEMENT
SCHOOL DISTRICT. (a) The achievement school district is entitled
to receive for the education of students transferred 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 Chapter 42 if the prior system were a
school district without a tier one local share for purposes of
Section 42.253.
(b) In determining funding for the achievement school
district under Subsection (a), adjustments under Sections 42.102,
42.103, 42.104, and 42.105 are based on the actual adjustment for
the prior system. In addition to the funding provided by Subsection
(a), the achievement school district is entitled to receive
enrichment funding under Section 42.302 based on the actual amount
for the prior system.
(c) In determining funding for the achievement school
district under Subsection (a), the commissioner shall apply the
same adjustment factor provided under Section 42.101 to calculate
the regular program allotment as for the prior system. This
subsection expires September 1, 2015.
(d) The achievement school 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 to the
prior system from the agency or the commissioner in the form of
grants or other discretionary funding.
(e) The achievement school district is entitled to share in
the available school fund apportionment and other privileges in the
same manner as the prior system. The district shall report its
student attendance and receive funding in the same manner as any
other district.
(f) The amount the prior system is entitled to receive under
Chapter 42 shall be reduced by the amount received by the
achievement school district under this section, including the tier
one local share.
(g) The commissioner shall adopt rules under this section.
Sec. 11.406. FACILITIES SUPPORT FOR STUDENTS ENROLLED IN
ACHIEVEMENT SCHOOL DISTRICT. The achievement school district is
entitled to use any school building and all facilities and property
otherwise part of the campus and recognized as part of the
facilities or assets of the campus before the campus was placed in
the district. The district is entitled to access to such additional
facilities as were typically available to the campus, its students,
and faculty and staff before the campus was placed in the district.
Such use may not be restricted, except that the achievement school
district is responsible for and obligated to provide for routine
maintenance and repair such that the facilities and property are
maintained in as good an order as when the right of use was acquired
by the district.
Sec. 11.407. OTHER SUPPORT FOR STUDENTS ENROLLED IN
ACHIEVEMENT SCHOOL DISTRICT. The achievement school district may
require the prior system to provide school support or student
support services for a campus transferred from the prior system's
jurisdiction, including student transportation, school food
service, or student assessment for special education eligibility
that are compliant with all laws and regulations governing such
services. The achievement school district shall reimburse the
actual cost of such services to the prior system. If a dispute
arises between the achievement school district and the prior system
regarding the actual cost of services to be reimbursed, the
commissioner or the commissioner's designee shall determine the
cost to be reimbursed.
Sec. 11.408. EXPENDITURES FOR SUPPORT OF STUDENTS ENROLLED
IN ACHIEVEMENT SCHOOL DISTRICT. Funds received by the achievement
school district under Section 11.405 shall be used for the
operation and administration of campuses transferred from prior
systems to the district.
Sec. 11.409. ACHIEVEMENT CHARTER SCHOOLS. (a) The
achievement school 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 the district's 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) New charters under this section are eligible for funding
under Section 11.405. Any administrative cost of
charter-authorizing activities under this section may be paid from
funds appropriated to the agency.
(c) An entity granted a charter under this section is not
eligible for an additional charter under this section or an
expansion amendment if it fails to achieve and maintain an
acceptable rating in its third year of operation at a campus.
SECTION 2. Subchapter C, Chapter 12, Education Code, is
amended by adding Section 12.0523 to read as follows:
Sec. 12.0523. AUTHORIZATION FOR FAILING CAMPUS. (a) The
commissioner may grant a charter to an eligible entity as defined by
Section 12.101(a) in consultation with parents of students enrolled
in the district and assigned to the attendance zone of the feeder
pattern for the campus for the operation of a school campus with
unacceptable performance under Chapter 39 for three consecutive
school years if the commissioner determines that the campus has not
instituted meaningful change as provided by Section 39.107(a).
(b) The name of the campus may be changed only on agreement
by the holder of the charter under this section and the affected
school district.
(c) The commissioner shall adopt rules necessary to
implement this section.
SECTION 3. 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 reconstitution of the campus as provided by Section
39.107 or the removal of the campus to the achievement school
district established by Subchapter I, Chapter 11.
SECTION 4. The heading to Section 39.107, Education Code,
is amended to read as follows:
Sec. 39.107. RECONSTITUTION, REMOVAL, OR GRANT OF CHARTER;
REPURPOSING, ALTERNATIVE MANAGEMENT, AND CLOSURE.
SECTION 5. Section 39.107, Education Code, is amended by
amending Subsections (a) and (a-1) and adding Subsections (a-2),
(a-3), (a-4), (a-5), (a-6), and (k-1) to read as follows:
(a) After a campus has been identified as unacceptable for
two consecutive school years, the commissioner shall determine
whether the district has instituted meaningful change, including
reconstituting the staff or leadership at the campus. If the
commissioner determines that the campus has instituted meaningful
change, the commissioner may take action under Subsection (a-1) and
reevaluate the campus under this subsection following the
conclusion of the subsequent school year. If the commissioner
determines that the campus has not instituted meaningful change,
the commissioner shall, based on the commissioner's determination
of the best remedy for the campus:
(1) order the reconstitution of the campus under this
section;
(2) order the removal of the campus to the achievement
school district as provided by Section 39.1071; or
(3) grant a charter to an eligible entity in the manner
provided by Section 12.0523.
(a-1) At the request of the board of trustees of the
district, the commissioner may annually for two consecutive years
grant the district extraordinary powers to address performance
deficiencies in accordance with the following limitations:
(1) the commissioner may only grant powers
specifically requested by the board;
(2) the board must provide evidence that the power or
powers requested will enable the district to overcome identified
barriers to performance growth;
(3) the commissioner may not grant a district powers
or related waivers or exemptions not available to the achievement
school district; and
(4) when the grant of an extraordinary power expires
at the end of the first or second year in which it is operative, as
determined by the commissioner, the campus will be removed to the
achievement school district if the commissioner determines that the
campus has not achieved a performance growth level that enables the
campus to achieve acceptable performance within four years.
(a-2) In making a determination regarding action to be taken
under this section, the commissioner shall seek and give
considerable weight to recommendations from parents of students
enrolled at the campus and members of the community who reside in
the attendance zone of the campus.
(a-3) In reconstituting a campus, a campus intervention
team, with the involvement and advice of the school community
partnership team, if applicable, 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.
(a-4) The campus intervention team or a school community
partnership team shall develop information regarding campus
performance and available options for improving campus performance
that may be provided to interested parties on request.
(a-5) Notwithstanding Subsection (a), the commissioner may
refrain from taking action otherwise required under that subsection
against a campus based on campus performance for the 2014-2015
school year and preceding school years. If the commissioner takes
action, the commissioner may not order the reconstitution of the
campus and may only take other actions authorized by law. This
subsection expires September 1, 2016.
(a-6) In ordering the reconstitution of a campus or as an
alternative to reconstitution, the commissioner may order, if a
school district requests the order, that:
(1) except as expressly provided by other law, the
reconstituted campus and its employees and students are subject to
a provision of this title to the extent and in the same manner that
such provision applies to an open-enrollment charter school and its
employees and students under Subchapter D, Chapter 12; or
(2) the reconstituted campus, by agreement between the
school district and the achievement school district, be transferred
to or operated by the achievement school district.
(k-1) A managing entity may not assume management of a
campus under this section if a member of the entity's management and
leadership team provided any input to the commissioner regarding
the commissioner's determination under Subsection (a).
SECTION 6. Subchapter E, Chapter 39, Education Code, is
amended by adding Section 39.1071 to read as follows:
Sec. 39.1071. REMOVAL OF CAMPUS TO ACHIEVEMENT SCHOOL
DISTRICT. (a) In this section, "prior system" has the meaning
assigned by Section 11.401(b).
(b) As provided by Section 39.107, the commissioner may
order the removal of the campus to the achievement school district
established by Subchapter I, Chapter 11, if action by the
commissioner is required under Section 39.107.
(c) The students assigned to attend the campus or the
students who would have been eligible to attend the campus if the
campus had remained in the prior system may choose to attend the
campus under the jurisdiction of the achievement school district or
may exercise an option, made available by the prior system, to
attend another campus remaining under the jurisdiction of the prior
system.
(d) Only students who were eligible to attend a campus under
the prior system or who would have been eligible to attend the
campus if the campus had remained in the prior system may attend
that campus at the achievement school district. All such students
are eligible to attend the campus notwithstanding any contrary
provision of law.
(e) Effective on a date determined by the commissioner after
consulting with the superintendent of the achievement school
district, a campus subject to this section shall be removed from the
jurisdiction of the school district and transferred to the
jurisdiction of the achievement school district. On that date, the
school district or charter holder from which the campus was removed
becomes the prior system.
(f) The removed campus shall be reorganized and reformed, as
necessary, and operated by the achievement school district.
(g) The superintendent of the achievement school district
shall decide which educators may be retained at that campus in the
superintendent's sole discretion. If the achievement school
district does not retain an educator, that educator may be assigned
to another position by the prior system.
(h) A certified teacher with regular and direct
responsibility for providing classroom instruction to students who
is employed at the removed campus by the prior system shall be given
priority consideration for employment in a comparable position by
the achievement school district's superintendent. A person
employed by the prior system at a removed campus may choose to
remain in the employ of the prior system, and in that case, the
prior system shall retain and reassign the person consistent with
the prior system's contractual obligations or policies regarding
the retention and reassignment of employees.
(i) For the purposes of any benefit or right requiring
continuous service or based on years of service, the prior system
shall grant a leave of absence to a person employed by the
achievement school district who was employed at a campus when the
campus was removed under this section. The prior system shall
consider the period during which the achievement school district
operates the campus to be service time with the prior system if the
employee returns to the prior system's employment, but the prior
system is not required to provide benefits during such leave.
(j) The benefits and privileges of any person employed in a
campus by the achievement school district who was not employed by
the prior system at the time the campus was removed to the
achievement school district shall be those determined by the
achievement school district at the time of such employment in
compliance with applicable law.
(k) The achievement school district shall retain
jurisdiction over any campus removed to the district until the
commissioner, on the recommendation of the achievement school
district's superintendent, enters into an agreement with the prior
system for return of the campus to the prior system.
(l) When a campus in the achievement school district
achieves an acceptable level of performance under this chapter, the
commissioner shall direct the achievement school district to seek
agreement for the return of the campus to the prior system. An
agreement between the commissioner and the prior system for the
return of the campus shall include:
(1) details for the operation of the campus by the
prior system, including provisions for the continuation of the
programs that have provided the basis for the academic achievement
by the students and any charter granted under Section 11.409;
(2) provisions for the employment status of all
persons employed by the achievement school district who were not
employed by the prior system at the time the campus was removed to
the achievement school district; and
(3) provisions for the means and timetable for the
campus's transition and return to the prior system.
(m) If a campus has been operating under arrangements
established by the achievement school district for three years, or
two years if the commissioner determines that the campus has not
made meaningful progress during those two years, and the campus has
failed during that period of three or two years, as applicable, to
achieve an acceptable level of performance under this chapter, the
commissioner shall:
(1) take the following action:
(A) direct the superintendent of the achievement
school district to organize a new campus of the achievement school
district for the purpose of educating the students attending the
campus initially removed from the prior system under this section
in the manner determined by the superintendent as most likely to
bring the campus to an acceptable level of performance, which may be
done by designing and granting a campus charter under Section
12.0521(a)(1), as provided by Section 11.409; or
(B) in accordance with a proposal for improving
campus performance submitted by the prior system, return the campus
to the prior system;
(2) if the campus remains in the jurisdiction of the
achievement school district, address the achievement school
district's failure to turn around the campus within three years in
the next statewide plan under Section 11.409; and
(3) record these steps for annual reporting as
required by Section 39.332.
(n) For purposes of this subsection, "parent" has the
meaning assigned by Section 12.051. If the commissioner is
presented, in the time and manner specified by commissioner rule, a
written petition signed by the parents of a majority of the students
enrolled at a campus to which Subsection (m) applies specifying an
action described by Section 39.107(e)(1), (2), or (3) that the
parents request the commissioner to order, the commissioner shall,
except as otherwise authorized by this section, order the specific
action requested. For purposes of this subsection, the signature
of only one parent of a student is required.
(o) If a campus governing body established by the
achievement school district presents to the commissioner, in the
time and manner specified by commissioner rule, a written request
that the commissioner order specific action described by Section
39.107(e)(1) or (2) other than the specific action requested in the
parents' petition and a written explanation of the basis for the
governing body's request, the commissioner may order the action
requested by the governing body.
(p) If the commissioner determines that the basis for the
unsatisfactory performance of a campus for two consecutive school
years is limited to a specific condition that may be remedied with
targeted technical assistance, the commissioner may require the
district to contract for the appropriate technical assistance
instead of removal under this section.
(q) On request, the commissioner and the superintendent of
the achievement school district shall provide information
concerning the new operations and performance of a campus to the
prior system.
(r) Notwithstanding any other provision of this code, the
funding for a campus operated by the achievement school district
must be not less than the funding of the other campuses in the prior
system on a per student basis so that the achievement school
district receives at least the same funding the campus would
otherwise have received, provided that the prior system receives
the same amount per student in a given year.
(s) A campus operated by the achievement school district may
change its name only on agreement of the prior system and the
achievement school district.
(t) The commissioner may adopt rules necessary to implement
this section.
SECTION 7. Section 39.108, Education Code, is amended to
read as follows:
Sec. 39.108. ANNUAL REVIEW. (a) The commissioner shall
review annually the performance of a district or campus subject to
this subchapter 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.
(b) The review required by Subsection (a) shall form the
basis of the reporting required by Section 39.332(b)(24).
SECTION 8. Subsection (b), Section 39.332, Education Code,
is amended by adding Subdivision (24) to read as follows:
(24) The report must contain a listing and description
of the status of each campus under the jurisdiction of the
achievement school district and a summary of the reforms
implemented and progress of the campus.
SECTION 9. This Act applies beginning with the 2014-2015
school year.
SECTION 10. 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, 2013.
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