Texas 2013 - 83rd Regular

Texas Senate Bill SB1718 Compare Versions

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1	1	83R28736 GCB-D
2	2	By: West S.B. No. 1718
3	3	(Dutton, Thompson of Harris, Toth)
4	4	Substitute the following for S.B. No. 1718: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to state interventions and sanctions against public school
10	10	campuses with unacceptable performance and the establishment of the
11	11	Texas Achievement School District for educating students at certain
12	12	low-performing campuses.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 11, Education Code, is amended by adding
15	15	Subchapter I to read as follows:
16	16	SUBCHAPTER I. TEXAS ACHIEVEMENT SCHOOL DISTRICT
17	17	Sec. 11.401. TEXAS ACHIEVEMENT SCHOOL DISTRICT
18	18	ESTABLISHED. (a) The Texas Achievement School District is
19	19	established as a school district under this code and an
20	20	intermediate educational unit under 34 C.F.R. Section 222.50 for
21	21	the purpose of educating students attending a campus removed from
22	22	the jurisdiction of a school district under Section 39.1071.
23	23	(b) In this subchapter, "prior system" means the school
24	24	district from which a campus that is transferred to the
25	25	jurisdiction of the achievement school district was removed.
26	26	(c) The commissioner shall select the superintendent of the
27	27	achievement school district and employ central administrative
28	28	staff, who may be employees of the agency. The superintendent shall
29	29	report to the commissioner under a written contract for services.
30	30	(d) The achievement school district does not have authority
31	31	to impose taxes but has authority to seek and expend federal funding
32	32	and grant funding and to otherwise seek, obtain, and expend funding
33	33	with the same authority as an independent school district.
34	34	(e) The achievement school district may provide for the
35	35	supervision, management, and operation of each campus placed under
36	36	the district's jurisdiction and receive, control, and expend the
37	37	local, state, and federal funding attributable to that campus, with
38	38	all the same power and authority as the prior system, subject to the
39	39	requirements of this subchapter and Section 39.1071, and with any
40	40	other power or authority otherwise granted by law.
41	41	(f) The achievement school district is entitled to the same
42	42	level of services provided to other school districts by regional
43	43	education service centers, and to participate in any state program
44	44	available to school districts, including a purchasing program.
45	45	(g) The achievement school district may not contract with a
46	46	private entity for providing educational services to the students
47	47	attending a campus transferred to the district, other than an
48	48	eligible entity, as defined by Section 12.101, that holds a charter
49	49	granted under Chapter 12 and has:
50	50	(1) operated one or more open-enrollment charter
51	51	schools in this state for three or more consecutive years;
52	52	(2) achieved a district rating of exemplary or
53	53	recognized under Subchapter G, Chapter 39, or the equivalent under
54	54	subsequent laws or rules regarding accountability ratings for three
55	55	of the preceding five years;
56	56	(3) documented success in whole school interventions
57	57	that increased the educational and performance levels of students
58	58	in campuses that received unacceptable performance ratings under
59	59	Section 39.054; and
60	60	(4) demonstrated success in educating populations of
61	61	students similar to the populations of students enrolled at the
62	62	campus transferred to the district.
63	63	(h) The achievement school district may employ such staff as
64	64	the superintendent deems necessary.
65	65	Sec. 11.402. CAMPUSES ELIGIBLE FOR TRANSFER. A campus is
66	66	eligible for transfer to the jurisdiction of the achievement school
67	67	district only if the school district from which the campus is to be
68	68	transferred has at least 20,000 students enrolled in the district
69	69	at the time the campus is to be transferred.
70	70	Sec. 11.403. APPLICABILITY OF LAWS, RULES, AND ORDINANCES
71	71	TO ACHIEVEMENT SCHOOL DISTRICT. (a) Except as expressly provided
72	72	by law, the achievement school district is subject to federal and
73	73	state laws and rules and municipal zoning ordinances governing
74	74	school districts.
75	75	(b) Except as provided by Subsection (c) and as expressly
76	76	provided by other law, the achievement school district is subject
77	77	to a provision of this title to the extent and in the manner that the
78	78	provision applies to an open-enrollment charter school under
79	79	Subchapter D, Chapter 12.
80	80	(c) A teacher employed by the achievement school district
81	81	must be certified under Subchapter B, Chapter 21, and may only teach
82	82	a subject in which the teacher is certified.
83	83	(d) The performance of a campus under the jurisdiction of
84	84	the achievement school district may not be used for purposes of
85	85	determining the prior system's performance rating under Section
86	86	39.054.
87	87	(e) With respect to the operation of the achievement school
88	88	district, any requirement in Chapter 551 or 552, Government Code,
89	89	or another law that concerns open meetings or the availability of
90	90	information that applies to a school district, the board of
91	91	trustees of a school district, or public school students applies to
92	92	the achievement school district, the superintendent of the
93	93	district, or students attending the district.
94	94	Sec. 11.404. IMMUNITY. The achievement school district is
95	95	immune from liability to the same extent as any other school
96	96	district, and the district's employees and volunteers are immune
97	97	from liability to the same extent as other school district
98	98	employees and volunteers.
99	99	Sec. 11.405. MEMBERSHIP IN TEACHER RETIREMENT SYSTEM OF
100	100	TEXAS BY ACHIEVEMENT SCHOOL DISTRICT EMPLOYEES. (a) An employee
101	101	of the achievement school district who qualifies for membership in
102	102	the Teacher Retirement System of Texas shall be covered under the
103	103	system to the same extent a qualified employee of any other school
104	104	district is covered.
105	105	(b) For each employee of the achievement school district
106	106	covered under the system, the district is responsible for making
107	107	any contribution that otherwise would be the legal responsibility
108	108	of the district, and the state is responsible for making
109	109	contributions to the same extent it would be legally responsible if
110	110	the employee were that of another school district.
111	111	Sec. 11.406. FUNDING OF STUDENTS ENROLLED IN ACHIEVEMENT
112	112	SCHOOL DISTRICT. (a) The achievement school district is entitled
113	113	to receive for the education of students transferred to the
114	114	district funding under Chapter 42 equal to the amount of funding per
115	115	student in weighted average daily attendance to which the prior
116	116	system would be entitled under Chapter 42 if the prior system were a
117	117	school district without a tier one local share for purposes of
118	118	Section 42.253.
119	119	(b) In determining funding for the achievement school
120	120	district under Subsection (a), adjustments under Sections 42.102,
121	121	42.103, 42.104, and 42.105 are based on the actual adjustment for
122	122	the prior system. In addition to the funding provided by Subsection
123	123	(a), the achievement school district is entitled to receive
124	124	enrichment funding under Section 42.302 based on the actual amount
125	125	for the prior system.
126	126	(c) In determining funding for the achievement school
127	127	district under Subsection (a), the commissioner shall apply the
128	128	same adjustment factor provided under Section 42.101 to calculate
129	129	the regular program allotment as for the prior system. This
130	130	subsection expires September 1, 2015.
131	131	(d) The achievement school district is entitled to funds
132	132	that are available to other school districts from the agency or the
133	133	commissioner in the form of grants or other discretionary funding.
134	134	The district is entitled to a pro rata share of all revenue to the
135	135	prior system from the agency or the commissioner in the form of
136	136	grants or other discretionary funding.
137	137	(e) The achievement school district is entitled to share in
138	138	the available school fund apportionment and other privileges in the
139	139	same manner as the prior system. The district shall report its
140	140	student attendance and receive funding in the same manner as any
141	141	other district.
142	142	(f) For purposes of calculating the amount of the prior
143	143	system's obligations and entitlements under Chapters 41 and 42,
144	144	students transferred to the achievement school district who would
145	145	otherwise have attended the prior system are not counted in
146	146	calculating the average daily attendance of the prior system.
147	147	(f-1) For purposes of calculating the prior system's
148	148	allotments under Chapter 46, students transferred to the
149	149	achievement school district who would otherwise have attended the
150	150	prior system are counted in calculating the average daily
151	151	attendance of the prior system.
152	152	(g) The commissioner shall adopt rules necessary to
153	153	implement this section.
154	154	Sec. 11.407. FACILITIES SUPPORT FOR STUDENTS ENROLLED IN
155	155	ACHIEVEMENT SCHOOL DISTRICT. (a) The achievement school district
156	156	is entitled to use any school building and all facilities and
157	157	property otherwise part of the campus and recognized as part of the
158	158	facilities or assets of the campus before the campus was placed in
159	159	the district. The district is entitled to access to such additional
160	160	facilities as were typically available to the campus, its students,
161	161	and faculty and staff before the campus was placed in the district.
162	162	Such use may not be restricted, except that the achievement school
163	163	district is responsible for and obligated to provide for routine
164	164	maintenance and repair such that the facilities and property are
165	165	maintained in as good an order as when the right of use was acquired
166	166	by the district.
167	167	(b) If a dispute arises between the achievement school
168	168	district and the prior system regarding the maintenance and repair
169	169	of facilities, the commissioner or the commissioner's designee
170	170	shall determine each entity's responsibilities concerning the
171	171	maintenance and repair. A determination under this subsection
172	172	regarding each entity's responsibilities is final and may not be
173	173	appealed.
174	174	Sec. 11.408. OTHER SUPPORT FOR STUDENTS ENROLLED IN
175	175	ACHIEVEMENT SCHOOL DISTRICT. The achievement school district may
176	176	require the prior system to provide school support or student
177	177	support services for a campus transferred from the prior system's
178	178	jurisdiction, including student transportation, school food
179	179	service, or student assessment for special education eligibility
180	180	that are compliant with all laws and rules governing such services.
181	181	The achievement school district shall reimburse the actual cost of
182	182	such services to the prior system. If a dispute arises between the
183	183	achievement school district and the prior system regarding the
184	184	actual cost of services to be reimbursed, the commissioner or the
185	185	commissioner's designee shall determine the cost to be reimbursed.
186	186	A determination under this subsection regarding the cost of
187	187	services to be reimbursed is final and may not be appealed.
188	188	Sec. 11.409. EXPENDITURES FOR SUPPORT OF STUDENTS ENROLLED
189	189	IN ACHIEVEMENT SCHOOL DISTRICT. Funds received by the achievement
190	190	school district under Section 11.406 shall be used for the
191	191	operation and administration of campuses transferred from prior
192	192	systems to the district.
193	193	Sec. 11.410. LIMITATION ON NUMBER OF CAMPUSES. (a) The
194	194	commissioner may transfer to the jurisdiction of the achievement
195	195	school district not more than:
196	196	(1) five campuses during the state fiscal biennium
197	197	beginning September 1, 2013; and
198	198	(2) five campuses during the state fiscal biennium
199	199	beginning September 1, 2015.
200	200	(b) The achievement school district may not contain more
201	201	than 10 campuses at any time.
202	202	Sec. 11.411. APPLICATION OF SUNSET ACT; REPORT. (a) The
203	203	Texas Achievement School District is subject to Chapter 325,
204	204	Government Code (Texas Sunset Act). Unless continued in existence
205	205	as provided by that chapter, the achievement school district is
206	206	abolished and this subchapter expires September 1, 2025.
207	207	(b) Not later than December 1, 2024, the Sunset Advisory
208	208	Commission shall evaluate the achievement school district and
209	209	submit a report on that evaluation and the commission's
210	210	recommendations in relation to the achievement school district to
211	211	the governor, the lieutenant governor, the speaker of the house of
212	212	representatives, and the presiding officer of each legislative
213	213	standing committee with primary jurisdiction over primary and
214	214	secondary education.
215	215	SECTION 2. Subsection (f), Section 39.106, Education Code,
216	216	is amended to read as follows:
217	217	(f) Notwithstanding any other provision of this subchapter,
218	218	if the commissioner determines that a campus for which an
219	219	intervention is ordered under Subsection (a) is not fully
220	220	implementing the campus intervention team's recommendations or
221	221	targeted improvement plan or updated plan, the commissioner may
222	222	order the reconstitution of the campus as provided by Section
223	223	39.107 or the removal of the campus to the achievement school
224	224	district established by Subchapter I, Chapter 11.
225	225	SECTION 3. The heading to Section 39.107, Education Code,
226	226	is amended to read as follows:
227	227	Sec. 39.107. RECONSTITUTION, REMOVAL, REPURPOSING,
228	228	ALTERNATIVE MANAGEMENT, AND CLOSURE.
229	229	SECTION 4. Section 39.107, Education Code, is amended by
230	230	amending Subsections (a) and (a-1) and adding Subsections (a-2),
231	231	(a-3), (a-4), and (k-1) to read as follows:
232	232	(a) After a campus has been identified as unacceptable for
233	233	two consecutive school years, the commissioner shall determine
234	234	whether the district has instituted meaningful change, including
235	235	reconstituting the staff or leadership at the campus. If the
236	236	commissioner determines that the campus has instituted meaningful
237	237	change, the commissioner may reevaluate the campus under this
238	238	subsection following the conclusion of the subsequent school year.
239	239	If the commissioner determines that the campus has not instituted
240	240	meaningful change, the commissioner shall, based on the
241	241	commissioner's determination of the best remedy for the campus:
242	242	(1) order the reconstitution of the campus under this
243	243	section;
244	244	(2) subject to Sections 11.402 and 11.410, order the
245	245	removal of the campus to the achievement school district as
246	246	provided by Section 39.1071;
247	247	(3) approve a plan by the board of trustees for the
248	248	district to operate the campus in the manner provided for the
249	249	operation of an open-enrollment charter school under Subchapter D,
250	250	Chapter 12, with all applicable exemptions from application of laws
251	251	that apply to school districts but not to open-enrollment charter
252	252	schools, for a period not to exceed two school years, after the
253	253	expiration of which the commissioner shall remove the campus to the
254	254	achievement school district if the campus is identified as
255	255	unacceptable during the final year of its operation in accordance
256	256	with this subdivision; or
257	257	(4) require the district to contract for appropriate
258	258	technical assistance, if the commissioner determines the basis for
259	259	the campus being identified as unacceptable is limited to a
260	260	specific condition the campus may overcome with appropriate
261	261	technical assistance.
262	262	(a-1) In making a determination regarding action to be taken
263	263	under this section, the commissioner shall seek and give
264	264	considerable weight to recommendations from parents of students
265	265	enrolled at the campus and members of the community who reside in
266	266	the attendance zone of the campus.
267	267	(a-2) In reconstituting a campus, a campus intervention
268	268	team, with the involvement and advice of the school community
269	269	partnership team, if applicable, shall assist the campus in:
270	270	(1) developing an updated targeted improvement plan;
271	271	(2) submitting the updated targeted improvement plan
272	272	to the board of trustees of the school district for approval and
273	273	presenting the plan in a public hearing as provided by Section
274	274	39.106(e-1);
275	275	(3) obtaining approval of the updated plan from the
276	276	commissioner; and
277	277	(4) executing the plan on approval by the
278	278	commissioner.
279	279	(a-3) The campus intervention team or a school community
280	280	partnership team shall develop information regarding campus
281	281	performance and available options for improving campus performance
282	282	that may be provided to interested parties on request.
283	283	(a-4) Notwithstanding Subsection (a), the commissioner may
284	284	refrain from taking action otherwise required under that subsection
285	285	against a campus based on campus performance for the 2014-2015
286	286	school year and preceding school years. If the commissioner takes
287	287	action, the commissioner may not order the reconstitution of the
288	288	campus and may only take other actions authorized by law. This
289	289	subsection expires September 1, 2016.
290	290	(k-1) A managing entity may not assume management of a
291	291	campus under this section if a member of the entity's management and
292	292	leadership team provided any input to the commissioner regarding
293	293	the commissioner's determination under Subsection (a).
294	294	SECTION 5. Subchapter E, Chapter 39, Education Code, is
295	295	amended by adding Section 39.1071 to read as follows:
296	296	Sec. 39.1071. REMOVAL OF CAMPUS TO ACHIEVEMENT SCHOOL
297	297	DISTRICT. (a) In this section, "prior system" has the meaning
298	298	assigned by Section 11.401(b).
299	299	(b) As provided by Section 39.107, the commissioner may
300	300	order the removal of a campus to the achievement school district
301	301	established by Subchapter I, Chapter 11.
302	302	(c) The students assigned to attend the campus or the
303	303	students who would have been eligible to attend the campus if the
304	304	campus had remained in the prior system may choose to attend the
305	305	campus under the jurisdiction of the achievement school district or
306	306	may exercise an option, made available by the prior system, to
307	307	attend another campus remaining under the jurisdiction of the prior
308	308	system.
309	309	(d) Students who were eligible to attend a campus under the
310	310	prior system or who would have been eligible to attend the campus if
311	311	the campus had remained in the prior system may attend that campus
312	312	at the achievement school district. Other students eligible to
313	313	attend a campus of the prior system other than the campus
314	314	transferred to the achievement school district may choose to attend
315	315	the campus transferred to the achievement school district if the
316	316	campus has the ability to enroll more students.
317	317	(e) Effective on a date determined by the commissioner after
318	318	consulting with the superintendent of the achievement school
319	319	district, a campus subject to this section shall be removed from the
320	320	jurisdiction of the school district and transferred to the
321	321	jurisdiction of the achievement school district. On that date, the
322	322	school district from which the campus was removed becomes the prior
323	323	system.
324	324	(f) The removed campus shall be reorganized and reformed, as
325	325	necessary, and operated by the achievement school district.
326	326	(g) The superintendent of the achievement school district
327	327	shall decide which educators may be retained at that campus in the
328	328	superintendent's sole discretion. If the achievement school
329	329	district does not retain an educator, that educator may be assigned
330	330	to another position by the prior system.
331	331	(h) A certified teacher with regular and direct
332	332	responsibility for providing classroom instruction to students who
333	333	is employed at the removed campus by the prior system shall be given
334	334	priority consideration for employment in a comparable position by
335	335	the achievement school district's superintendent. A person
336	336	employed by the prior system at a removed campus may choose to
337	337	remain in the employ of the prior system, and in that case, the
338	338	prior system shall retain and reassign the person consistent with
339	339	the prior system's contractual obligations or policies regarding
340	340	the retention and reassignment of employees.
341	341	(i) For the purposes of any benefit or right requiring
342	342	continuous service or based on years of service, the prior system
343	343	shall grant a leave of absence to a person employed by the
344	344	achievement school district who was employed at a campus when the
345	345	campus was removed under this section. The prior system shall
346	346	consider the period during which the achievement school district
347	347	operates the campus to be service time with the prior system if the
348	348	employee returns to the prior system's employment, but the prior
349	349	system is not required to provide benefits during such leave.
350	350	(j) The benefits and privileges of any person employed in a
351	351	campus by the achievement school district who was not employed by
352	352	the prior system at the time the campus was removed to the
353	353	achievement school district shall be those determined by the
354	354	achievement school district at the time of such employment in
355	355	compliance with applicable law.
356	356	(k) The achievement school district shall retain
357	357	jurisdiction over any campus removed to the district until the
358	358	commissioner, on the recommendation of the achievement school
359	359	district's superintendent, enters into an agreement with the prior
360	360	system for return of the campus to the prior system.
361	361	(l) When a campus in the achievement school district
362	362	achieves an acceptable level of performance under this chapter, the
363	363	commissioner shall direct the achievement school district to seek
364	364	agreement for the return of the campus to the prior system. An
365	365	agreement between the commissioner and the prior system for the
366	366	return of the campus shall include:
367	367	(1) details for the operation of the campus by the
368	368	prior system, including provisions for the continuation of the
369	369	programs that have provided the basis for the academic achievement
370	370	by the students;
371	371	(2) provisions for the employment status of all
372	372	persons employed by the achievement school district who were not
373	373	employed by the prior system at the time the campus was removed to
374	374	the achievement school district; and
375	375	(3) provisions for the means and timetable for the
376	376	campus's transition and return to the prior system.
377	377	(m) If a campus has been operating under arrangements
378	378	established by the achievement school district for three years, or
379	379	two years if the commissioner determines that the campus has not
380	380	made meaningful progress during those two years, and the campus has
381	381	failed during that period of three or two years, as applicable, to
382	382	achieve an acceptable level of performance under this chapter, the
383	383	commissioner shall return the campus to the prior system or, in
384	384	accordance with Subsection (n), close the campus.
385	385	(n) For purposes of this subsection, "parent" has the
386	386	meaning assigned by Section 12.051. If the commissioner is
387	387	presented, in the time and manner specified by commissioner rule, a
388	388	written petition signed by the parents of a majority of the students
389	389	enrolled at a campus to which Subsection (m) applies specifying
390	390	that the parents prefer the commissioner to close the campus, the
391	391	commissioner shall close the campus. For purposes of this
392	392	subsection, the signature of only one parent of a student is
393	393	required.
394	394	(o) On request, the commissioner and the superintendent of
395	395	the achievement school district shall provide information
396	396	concerning the new operations and performance of a campus to the
397	397	prior system.
398	398	(p) A campus operated by the achievement school district may
399	399	change its name only on agreement of the prior system and the
400	400	achievement school district. A diploma issued to a student who
401	401	graduates from high school at a campus operated by the achievement
402	402	school district must bear the name of the prior system.
403	403	(q) The commissioner may adopt rules necessary to implement
404	404	this section.
405	405	SECTION 6. Section 39.108, Education Code, is amended to
406	406	read as follows:
407	407	Sec. 39.108. ANNUAL REVIEW. (a) The commissioner shall
408	408	review annually the performance of a district or campus subject to
409	409	this subchapter to determine the appropriate actions to be
410	410	implemented under this subchapter. The commissioner must review at
411	411	least annually the performance of a district for which the
412	412	accreditation status or rating has been lowered due to insufficient
413	413	student performance and may not raise the accreditation status or
414	414	rating until the district has demonstrated improved student
415	415	performance. If the review reveals a lack of improvement, the
416	416	commissioner shall increase the level of state intervention and
417	417	sanction unless the commissioner finds good cause for maintaining
418	418	the current status.
419	419	(b) The review required by Subsection (a) shall form the
420	420	basis of the reporting required by Section 39.332(b)(24).
421	421	SECTION 7. Subsection (b), Section 39.332, Education Code,
422	422	is amended by adding Subdivision (24) to read as follows:
423	423	(24) The report must contain a listing and description
424	424	of the status of each campus under the jurisdiction of the
425	425	achievement school district and a summary of the reforms
426	426	implemented and progress of the campus.
427	427	SECTION 8. This Act applies beginning with the 2014-2015
428	428	school year.
429	429	SECTION 9. This Act takes effect immediately if it receives
430	430	a vote of two-thirds of all the members elected to each house, as
431	431	provided by Section 39, Article III, Texas Constitution. If this
432	432	Act does not receive the vote necessary for immediate effect, this
433	433	Act takes effect September 1, 2013.