84R27201 E
By: Dutton, Schaefer, Riddle, H.B. No. 1536
King of Hemphill, Huberty, et al.
Substitute the following for H.B. No. 1536:
By: Aycock C.S.H.B. No. 1536
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 Opportunity School District.
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 OPPORTUNITY SCHOOL DISTRICT
Sec. 11.401. TEXAS OPPORTUNITY SCHOOL DISTRICT
ESTABLISHED. (a) The Texas Opportunity School District is
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 placed in the
jurisdiction of the opportunity school district under Chapter 39.
(b) In this subchapter, "prior system" means the
independent school district from which a campus is transferred to
the jurisdiction of the opportunity school district.
(b-1) Notwithstanding any other provision of law, only a
campus of an independent school district with 24 or more elementary
campuses may be transferred to the jurisdiction of the opportunity
school district.
(c) The commissioner shall select the superintendent of the
opportunity school district. The superintendent shall report to
the commissioner under a written contract for services.
(d) The opportunity 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) Subject to the requirements of this subchapter and
Section 39.1071, the opportunity school district may provide for
the supervision, management, and operation of each campus placed in
the opportunity school 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 and with any other power or authority otherwise
granted by law.
(f) The opportunity 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.
(g) The opportunity school district may employ such staff as
the superintendent deems necessary.
Sec. 11.402. APPLICABILITY OF LAWS, RULES, AND ORDINANCES
TO OPPORTUNITY SCHOOL DISTRICT. (a) Except as expressly provided
by law, the opportunity school district is subject to federal and
state laws and rules and municipal zoning ordinances governing
school districts.
(b) Except as expressly provided by other law, the
opportunity school district is subject to a provision of this title
to the extent and in the manner that the provision applies to an
open-enrollment charter school under Subchapter D, Chapter 12.
(c) The commissioner shall consider the performance of a
campus under the jurisdiction of the opportunity school district
for purposes of determining the prior system's performance rating
under Section 39.054.
(d) Any requirement of Chapter 551 or 552, Government Code,
or other law concerning open meetings requirements or public
information requirements applies to the opportunity school
district and the superintendent and students of the opportunity
school district to the same extent those requirements apply to any
other school district and the board of trustees and students of the
other school district.
(e) The opportunity school district is not a
special-purpose school district described by Subchapter H.
Sec. 11.403. IMMUNITY. The opportunity school district is
immune from liability to the same extent as any other school
district, and the opportunity school 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 OPPORTUNITY SCHOOL DISTRICT EMPLOYEES. (a) An employee of
the opportunity school district who qualifies for membership in the
Teacher Retirement System of Texas is covered under the system to
the same extent a qualified employee of any other school district is
covered.
(b) For each employee of the opportunity school district
covered under the system, the opportunity school district is
responsible for making any contribution that otherwise would be
the legal responsibility of the prior system, 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 OPPORTUNITY
SCHOOL DISTRICT. (a) Each school year the opportunity school
district is entitled to receive for the education of each student
transferred to the opportunity school district funding under
Chapter 42 in an amount equal to the amount of state and local
funding per student in weighted average daily attendance, including
enrichment funding under Section 42.302, to which the prior system
would be entitled under Chapter 42 for that school year.
(b) The opportunity 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 opportunity school district is entitled to a pro rata share of
all revenue provided to the prior system from the agency or the
commissioner in the form of grants or other discretionary funding.
(c) The opportunity school district is entitled to share in
the available school fund apportionment and other privileges in the
same manner as the prior system. The opportunity school district
shall report its student attendance and receive funding in the same
manner as any other district.
(d) For purposes of calculating for the prior system
obligations under Chapter 41 and entitlements under Chapter 42,
students transferred to the opportunity school district who would
otherwise have attended the prior system are not included in
calculating the average daily attendance of the prior system.
(e) For purposes of calculating for the prior system
allotments under Chapter 46, students transferred to the
opportunity school district who would otherwise have attended the
prior system are included in calculating the average daily
attendance of the prior system.
(f) The commissioner shall adopt rules necessary to
implement this section.
Sec. 11.406. FACILITIES SUPPORT FOR STUDENTS ENROLLED IN
OPPORTUNITY SCHOOL DISTRICT. (a) The opportunity school district
is entitled to use any school building and any other facility or
property otherwise part of a campus placed in the opportunity
school district that was recognized as part of the facilities or
property of the campus before the campus was placed in the
opportunity school district. The opportunity school district is
also entitled to access to any additional facilities that are
typically available to the campus, its students, and faculty and
staff before the campus was placed in the opportunity school
district. The opportunity school district's use of a school
building, facility, or property may not be restricted, except that
the opportunity school district is responsible for and obligated to
provide for routine maintenance and repair necessary to ensure that
the school building, facility, or property is maintained in as good
an order as when the right of use was acquired by the opportunity
school district.
(b) If a dispute arises between the opportunity school
district and the prior system regarding the maintenance and repair
required under this section, the commissioner or the commissioner's
designee shall determine each entity's responsibilities concerning
the maintenance and repair.
Sec. 11.407. OTHER SUPPORT FOR STUDENTS ENROLLED IN
OPPORTUNITY SCHOOL DISTRICT. (a) The opportunity 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:
(1) school food service;
(2) transportation of:
(A) students who attend the campus placed in the
opportunity school district; and
(B) students who reside in the assigned
attendance zone of the campus placed in the opportunity school
district but who attend a different campus in the prior system; and
(3) student assessment services to determine special
education eligibility that are compliant with all applicable laws
and regulations.
(b) The opportunity school district shall reimburse the
prior system in an amount equal to the actual cost of the services
described in Subsection (a) to the prior system. If a dispute
arises between the opportunity school district and the prior system
regarding the actual cost of services, the commissioner or the
commissioner's designee shall determine the cost to be reimbursed.
Sec. 11.408. EXPENDITURES FOR SUPPORT OF STUDENTS ENROLLED
IN OPPORTUNITY SCHOOL DISTRICT. Funds received by the opportunity
school district under Section 11.405 must be used for the operation
and administration of campuses placed in the opportunity school
district.
Sec. 11.409. OPPORTUNITY DISTRICT CHARTER. (a) The
opportunity school district may grant a district charter under
Section 12.0522 to a campus that has been placed in the opportunity
school district.
(b) The grant of a district charter by the opportunity
school district is not subject to the limitation imposed by Section
12.0522(b).
(c) A campus granted a district charter under this section
is eligible for funding under Section 11.405. Any administrative
costs related to authorizing a district charter under this section
may be paid from funds appropriated to the opportunity school
district, as approved by the superintendent of the opportunity
school district.
SECTION 2. Section 39.106(f), 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, subject to Section 11.401(b-1), the placement of the
campus in the opportunity school district established by Subchapter
I, Chapter 11.
SECTION 3. The heading to Section 39.107, Education Code,
is amended to read as follows:
Sec. 39.107. RECONSTITUTION, REPURPOSING, ALTERNATIVE
MANAGEMENT, PLACEMENT IN OPPORTUNITY SCHOOL DISTRICT, AND CLOSURE.
SECTION 4. Section 39.107, Education Code, is amended by
amending Subsections (a), (a-1), (c), and (e) and adding Subsection
(a-2) 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 or campus has instituted meaningful change for
the campus, including reconstituting the staff or leadership at the
campus. If the commissioner determines that the district or campus
has instituted meaningful change for the campus, the commissioner
may reevaluate the campus under this subsection following the
conclusion of the subsequent school year. If the commissioner
determines the district or campus has not instituted meaningful
change for the campus, the superintendent of the district may
operate the campus with the same powers and authority granted to the
superintendent of the opportunity school district established
under Subchapter I, Chapter 11, to operate a campus placed in the
jurisdiction of the opportunity school district unless the
commissioner orders one or more of the following:
(1) [order the] reconstitution of the campus under
this section;
(2) repurposing of the campus under this section;
(3) alternative management of the campus under this
section; or
(4) placement of the campus in the opportunity school
district, as provided by Section 39.1071.
(a-1) In making a determination regarding action to be taken
under Subsection (a), the commissioner shall consider
recommendations from parents of students enrolled at the campus and
members of the community who reside in the attendance zone of the
campus.
(a-2) 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.
(c) A campus reconstituted under [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.
(e) If a campus is considered to have an unacceptable
performance rating for three consecutive school years after an
action is taken to reform the campus [is reconstituted] under
Subsection (a), the commissioner, subject to Subsection [(e-1) or]
(e-2), may only [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; or
(4) placement of the campus in the opportunity school
district as provided by Section 39.1071.
SECTION 5. Subchapter E, Chapter 39, Education Code, is
amended by adding Sections 39.1071 and 39.1072 to read as follows:
Sec. 39.1071. PLACEMENT OF CAMPUS IN OPPORTUNITY 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,
subject to Section 11.401(b-1), may order the placement of a campus
of an independent school district in the opportunity school
district established under Subchapter I, Chapter 11, except that
the commissioner may not place a campus in the opportunity school
district if:
(1) the commissioner is presented with a valid
petition for alternative action under Section 39.107(e-2); or
(2) the superintendent of the opportunity school
district advises the commissioner that placing the campus in the
opportunity school district is not the best action to be taken at
the campus.
(c) If the commissioner orders placement of a campus in the
opportunity school district, 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 opportunity 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 for enrollment at a
campus under the prior system or who would have been eligible to
enroll at the campus if the campus had remained in the prior system
may attend that campus after the campus is placed in the opportunity
school district.
(e) A campus placed in the opportunity school district is
not required to accept enrollment of a student if enrolling the
student would result in exceeding the capacity of campus
facilities. The opportunity school district shall enroll students
in the following order of priority:
(1) those students who would be eligible to attend the
campus if the campus had remained in the prior system;
(2) if openings for enrollment remain after satisfying
Subdivision (1), those students who would be eligible to attend a
different campus in the prior system from which the campus was
transferred; and
(3) if openings for enrollment remain after satisfying
Subdivisions (1) and (2), those students who would be eligible to
attend any other campus or school district by lottery.
(f) A campus placed in the opportunity school district may
adopt a policy that provides for the exclusion or removal of a
student enrolled at the campus:
(1) who does not reside in the assigned attendance
zone of the campus; and
(2) who engages in or has been subjected to
disciplinary action for conduct described by Section 37.006 or
37.007.
(g) Effective on a date determined by the commissioner after
consulting with the superintendent of the opportunity school
district, a campus that the commissioner has decided to place in the
opportunity school district shall be transferred from the
jurisdiction of the school district to the jurisdiction of the
opportunity school district. On that date, the school district from
which the campus was transferred becomes the prior system.
(h) The campus shall be:
(1) reorganized and reformed, as determined necessary
by the superintendent of the opportunity school district; and
(2) operated by the opportunity school district.
(i) The superintendent of the opportunity school district
or the superintendent's designee has sole discretion to decide
which educators may be retained at a campus placed in the
opportunity school district. If the opportunity school district
does not retain an educator, that educator may be assigned to
another position by the prior system.
(j) For the purposes of any benefit or right requiring
continuous service or based on years of service, the prior system
shall consider the period during which an employee works at the
opportunity school district to be service time with the prior
system if the employee returns to the prior system's employment.
(k) The benefits and privileges of any person employed at a
campus by the opportunity school district who was not employed by
the prior system at the time the campus was placed in the
opportunity school district shall be determined in compliance with
applicable law by the opportunity school district at the time of the
employment.
(l) The opportunity school district shall retain
jurisdiction over any campus placed in the opportunity school
district until the commissioner returns the campus to the prior
system in accordance with Section 39.1072.
(m) On request, the commissioner and the superintendent of
the opportunity school district shall provide information
concerning the new operations and performance of a campus to the
prior system.
(n) A campus operated by the opportunity school district may
change its name only on agreement of the prior system and the
opportunity school district.
(o) The commissioner may adopt rules necessary to implement
this section.
Sec. 39.1072. RETURN OF CAMPUS TO PRIOR SYSTEM. (a) In
this section, "prior system" has the meaning assigned by Section
11.401(b).
(b) The superintendent of the opportunity school district
established under Subchapter I, Chapter 11, or the superintendent's
designee may develop a transition plan for returning a campus
placed in the opportunity school district to the prior system at any
time after the campus has achieved an acceptable or higher
performance rating. The superintendent or the superintendent's
designee shall develop a transition plan for returning a campus
placed in the opportunity school district to the prior system if:
(1) the campus has been identified as acceptable or
higher for three consecutive school years; or
(2) the commissioner orders the superintendent to
develop a transition plan.
(c) The superintendent or the superintendent's designee
shall develop a transition plan for returning a campus placed in the
opportunity school district to the prior system during the eighth
consecutive school year that the campus has operated under the
jurisdiction of the opportunity school district.
(d) The superintendent or the superintendent's designee
must consider the input of parents and other affected stakeholders
in developing a transition plan under Subsection (b) or (c). The
transition plan must 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 improved academic
performance by the students, including any charter granted under
Section 11.409;
(2) provisions for the employment status of all
persons employed by the opportunity school district who were not
employed by the prior system at the time the campus was placed in
the opportunity school district; and
(3) provisions for the means and timetable for the
campus's transition and return to the prior system.
(e) The commissioner may order the return of a campus to the
prior system in accordance with the transition plan developed under
Subsection (b) on the recommendation of the opportunity school
district superintendent.
(f) The commissioner shall order the return of a campus to
the prior system not later than the campus's eighth consecutive
school year under the jurisdiction of the opportunity school
district. The commissioner may order the return of the campus to
the prior system under this subsection in accordance with the
transition plan developed under Subsection (c) or may order the
return of the campus in accordance with an improvement plan
submitted by the board of trustees of the prior system.
(g) On request, the commissioner and the superintendent of
the opportunity school district shall provide information
concerning the operations and performance of a campus to the prior
system.
(h) The commissioner may adopt rules necessary to implement
this section.
SECTION 6. 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)(25).
SECTION 7. Section 39.332(b), Education Code, is amended by
adding Subdivision (25) to read as follows:
(25) The report must contain a listing and description
of the status of each campus under the jurisdiction of the
opportunity school district and a summary of the reforms
implemented and progress of the campus.
SECTION 8. Sections 39.107(d) and (e-1), Education Code,
are repealed.
SECTION 9. This Act applies beginning with the 2015-2016
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, 2015.