84R24796 MK-F
By: Deshotel, Villalba, Huberty, et al. H.B. No. 1798
Substitute the following for H.B. No. 1798:
By: Aycock C.S.H.B. No. 1798
A BILL TO BE ENTITLED
AN ACT
relating to local control school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 12, Education Code, is
amended to read as follows:
CHAPTER 12. CHARTERS AND OTHER ALTERNATIVES
SECTION 2. Section 12.001(b), Education Code, is amended to
read as follows:
(b) This chapter shall be applied in a manner that ensures
the fiscal and academic accountability of persons operating
[holding charters issued] under this chapter. This chapter may not
be applied in a manner that unduly regulates the instructional
methods or pedagogical innovations of [charter] schools operating
under this chapter.
SECTION 3. Section 12.0011, Education Code, is amended to
read as follows:
Sec. 12.0011. ALTERNATIVE METHOD OF OPERATION. As an
alternative to operating in the manner generally provided by this
title, an independent school district, a school campus, or an
educational program may choose to operate [under a charter] in
accordance with this chapter.
SECTION 4. Section 12.002, Education Code, is amended to
read as follows:
Sec. 12.002. CLASSES OF ALTERNATIVES [CHARTER]. The
classes of alternatives [charter] under this chapter are:
(1) a local control [home-rule] school district
[charter] as provided by Subchapter B;
(2) a campus or campus program charter as provided by
Subchapter C; or
(3) an open-enrollment charter as provided by
Subchapter D.
SECTION 5. Subchapter B, Chapter 12, Education Code, is
amended to read as follows:
SUBCHAPTER B. LOCAL CONTROL [HOME-RULE] SCHOOL DISTRICT [CHARTER]
Sec. 12.011. AUTHORIZATION AND STATUS. (a) In accordance
with this subchapter, a school district may adopt a local control
plan [home-rule school district charter] under which the district
will operate.
(b) The adoption of a local control plan [home-rule school
district charter] by a school district does not affect:
(1) the district's boundaries; or
(2) taxes or bonds of the district authorized before
the effective date of the plan [charter].
Sec. 12.012. APPLICABILITY OF LAWS AND RULES TO LOCAL
CONTROL [HOME-RULE] SCHOOL DISTRICT. (a) A local control
[home-rule] school district is subject to federal and state laws
and rules governing school districts, except that a local control
[home-rule] school district is subject to:
(1) this code only to the extent that the
applicability to a local control [home-rule] school district of a
provision of this code is specifically provided;
(2) a rule adopted under this code by the State Board
of Education or the commissioner only if the code provision
authorizing the rule specifically applies to a local control
[home-rule] school district; and
(3) all requirements of federal law and applicable
court orders relating to eligibility for and the provision of
special education and bilingual programs.
(b) An employee of a local control [home-rule] school
district who qualifies for membership in the Teacher Retirement
System of Texas shall be covered under the system in the same manner
and to the same extent as a qualified employee employed by an
independent school district is covered.
(c) This section does not permit a local control [home-rule]
school district to discriminate against a student who has been
diagnosed as having a learning disability, including dyslexia or
attention deficit/hyperactivity disorder. Discrimination
prohibited by this subsection includes denial of placement in a
gifted and talented program if the student would otherwise be
qualified for the program but for the student's learning
disability. This section does not permit a local control
[home-rule] school district to, on the basis of race, socioeconomic
status, learning disability, or family support status, place a
student in a program other than the highest-level program necessary
to ensure the student's success.
Sec. 12.0121. IMMUNITY FROM LIABILITY. In matters related
to the operation of a local control school district, a local control
school district is immune from liability to the same extent as an
independent school district, and its employees and volunteers are
immune from liability to the same extent as independent school
district employees and volunteers. A member of the governing body
of a local control school district is immune from liability to the
same extent as an independent school district trustee.
Sec. 12.013. APPLICABILITY OF TITLE. (a) A local control
[home-rule] school district has the powers and entitlements granted
to school districts and school district boards of trustees under
this title, including taxing authority.
(b) A local control [home-rule] school district is subject
to:
(1) a provision of this title establishing a criminal
offense;
(2) a provision of this title relating to limitations
on liability; and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) educator certification under Chapter 21,
confidentiality of performance evaluations under Section 21.355,
and educator rights under Sections 21.407, 21.408, and 22.001;
(C) criminal history records under Subchapter C,
Chapter 22;
(D) student admissions under Section 25.001;
(E) school attendance under Sections 25.085,
25.086, and 25.087;
(F) inter-district or inter-county transfers of
students under Subchapter B, Chapter 25, and transfers of students
under Sections 25.0341 and 25.0342;
(G) the required curriculum under Section 28.002
[elementary class size limits under Section 25.112, in the case of
any campus in the district that fails to satisfy any standard under
Section 39.054(e)];
(H) high school graduation under Section 28.025;
(I) special education programs under Subchapter
A, Chapter 29;
(J) bilingual education under Subchapter B,
Chapter 29;
(K) prekindergarten programs under Subchapter E,
Chapter 29;
(L) safety provisions relating to the
transportation of students under Sections 34.002, 34.003, 34.004,
and 34.008;
(M) computation and distribution of state aid
under Chapters 31, 42, [and] 43, and 46;
(N) extracurricular activities under Section
33.081;
(O) restrictions under Section 37.0021 on the use
with students of confinement, restraint, seclusion, and time-out;
(P) health and safety under Chapter 38;
(Q) [(P)] public school accountability under
Subchapters B, C, D, E, F, and J, Chapter 39;
(R) [(Q)] equalized wealth under Chapter 41;
(S) [(R)] a bond or other obligation or tax rate
under Chapters 42, 43, and 45; and
(T) [(S)] purchasing under Chapter 44.
Sec. 12.0131. APPLICABILITY OF ELECTION CODE. The Election
Code, including Title 15, Election Code, applies to:
(1) a petition submitted to the board of trustees of a
school district under Section 12.014; and
(2) a local control plan election held under Section
12.019.
Sec. 12.014. APPOINTMENT OF LOCAL CONTROL [CHARTER]
COMMISSION. (a) The board of trustees of a school district shall
appoint a local control [charter] commission to frame a local
control plan for the [home-rule] school district [charter] if:
(1) the board receives a petition requesting the
appointment of a local control [charter] commission to frame a
local control plan for the [home-rule] school district [charter]
signed by at least five percent of the registered voters of the
district; or
(2) at least two-thirds of the total membership of the
board adopt a resolution ordering that a local control [charter]
commission be appointed.
(b) A petition submitted under Subsection (a)(1) may
designate one or more persons as lead petitioner.
Sec. 12.0141. REQUIRED STATEMENT FOR PETITION. For a
petition under Section 12.014(a)(1) to be valid, the petition must
include the following, or a substantially similar, statement on
each page of the petition that precedes the space reserved for
signatures: "This petition is to request that a local control
commission be appointed for the purpose of proposing a local
control plan under which (name of school district) will operate if
the plan is approved at an election of voters of the district. The
local control commission will be composed of 15 residents of the
district."
Sec. 12.015. LOCAL CONTROL [CHARTER] COMMISSION. (a) Not
later than the 30th day after the date of [receipt of a petition or]
adoption of a resolution under Section 12.014(a)(2) [12.014], the
board of trustees of the school district shall appoint 15 residents
of the district to serve on the commission to frame a local control
plan [charter] for the district, as provided by Subsection (b-1).
(a-1) Not later than the 30th day after the date the board of
trustees of the school district receives a petition under Section
12.014(a)(1), the board shall appoint the following 15 residents of
the district to serve on the commission to frame a local control
plan for the district:
(1) seven residents who are selected by the board; and
(2) eight residents who are selected by the lead
petitioner, provided that the petition designates one or more
persons as lead petitioner.
(b) To the extent practicable, the [The] membership of the
local control [charter] commission must reflect the racial and [,]
ethnic[, socioeconomic, and geographic] diversity of the
population of the district of voting age.
(b-1) If the local control commission is appointed in
accordance with Subsection (a), the board shall appoint the
following residents of the district to serve on the commission to
frame a local control plan for the district:
(1) at least eight [A majority of the members
appointed to the commission must be] parents of school-age children
attending public school;
(2) at least two administrators employed by the
district; and
(3) two [. At least 25 percent of the commission must
be] classroom teachers employed by the district [selected by the
representatives of the professional staff pursuant to Section
11.251(e)].
(b-2) If the local control commission is appointed under
Subsection (a-1), and the petition designates one or more persons
as lead petitioner, the board and the lead petitioner shall each
select for the commission:
(1) at least four parents of school-age children
attending public school;
(2) at least one administrator employed by the
district; and
(3) one classroom teacher employed by the district.
(b-3) The board may not refuse to appoint a member of a
commission who is selected by the lead petitioner if the member is
otherwise eligible to serve on the commission.
(b-4) If the local control commission is appointed under
Subsection (a-1), and the petition does not designate one or more
persons as lead petitioner, the board shall appoint the members of
the local control commission in accordance with Subsection (b-1).
(c) The local control [charter] commission must complete a
proposed local control plan [charter] not later than the first
anniversary of the date of its appointment. After that date, the
commission expires and the appointment under Section 12.014 is
void.
(d) A local control [charter] commission appointed under
this section is considered a governmental body for purposes of
Chapters 551 and 552, Government Code.
(e) A local control commission shall hold at least three
public hearings to allow interested persons to present comments
related to the proposed local control plan developed by the
commission. The commission shall provide notice of each public
hearing to the public.
Sec. 12.016. CONTENT. (a) Each local control plan
[home-rule school district charter] must:
(1) describe the educational program to be offered;
(2) provide that continuation of the local control
[home-rule] school district [charter] is contingent on:
(A) acceptable student performance on assessment
instruments adopted under Subchapter B, Chapter 39; and
(B) compliance with other applicable
accountability provisions under Chapter 39;
(3) specify any basis, in addition to a basis
specified by this subchapter, on which the local control school
district [charter] may be placed on probation or the local control
plan may be revoked;
(4) describe the governing structure of the district
and campuses;
(5) specify any procedure or requirement, in addition
to those under Chapter 38, that the district will follow to ensure
the health and safety of students and employees;
(6) describe the process by which the district will
adopt an annual budget, including a description of the use of
program-weight funds;
(7) describe the manner in which an annual audit of
financial and programmatic operations of the district is to be
conducted, including the manner in which the district will provide
information necessary for the district to participate in the Public
Education Information Management System (PEIMS) to the extent
required by this subchapter; and
(8) include any other provision the charter commission
considers necessary.
(b) A local control plan may include provisions that impose
requirements on the district that are similar or identical to
federal or state laws that a local control school district is not
otherwise subject to under Section 12.012. A requirement imposed
under this subsection is not a school law of this state for purposes
of Section 7.057 and does not create an entitlement to a hearing
under Subchapter F or G, Chapter 21.
[Sec. 12.017. DETERMINATION OF COMPLIANCE WITH VOTING
RIGHTS ACT. (a) The charter commission shall submit the proposed
charter to the secretary of state. The secretary of state shall
determine whether a proposed charter contains a change in the
governance of the school district.
[(b) If the secretary of state determines that a proposed
charter contains a change in the governance of the school district,
the secretary of state shall, not later than the second working day
after the date the secretary of state makes that determination,
notify the board of trustees of the school district. The board shall
submit the proposed change to the United States Department of
Justice or the United States District Court for the District of
Columbia for preclearance under the Voting Rights Act (42 U.S.C.
Section 1973c et seq.).]
Sec. 12.018. LEGAL REVIEW. The local control [charter]
commission shall submit the proposed local control plan [charter]
to the commissioner. As soon as practicable, but not later than the
30th day after the date the commissioner receives the proposed
local control plan [charter], the commissioner shall review the
proposed local control plan [charter] to ensure that the proposed
local control plan [charter] complies with any applicable laws and
shall recommend to the local control [charter] commission any
modifications necessary. If the commissioner does not act within
the prescribed time, the proposed local control plan [charter] is
approved.
Sec. 12.019. LOCAL CONTROL PLAN [CHARTER] ELECTION. (a) As
soon as practicable after approval of a proposed local control plan
[home-rule school district charter] under Section 12.018, the board
of trustees of the district shall order an election on the proposed
local control plan [charter].
(b) The proposed local control plan [charter] shall be
submitted to the voters of the district at an election to be held on
the first uniform election date in November of an even-numbered
year that occurs at least 78 [45] days after the date on which the
board of trustees orders the election.
(c) At least three copies of the proposed local control plan
[charter] must be available in the office of each school campus in
the district and at the district's central administrative office
between the date of the election order and election day. Notice of
the election must include a statement of where and how copies may be
obtained or viewed. A summary of the content of the proposed local
control plan [charter] shall be attached to each copy. The summary
also shall be made available to school district employees, parents,
community members, and members of the media.
(d) The ballot shall be printed to permit voting for or
against the proposition "Whether the (name of school district)
School District shall be governed under the local control plan
[home-rule school district charter], which is proposed by a local
control [charter] commission appointed by the board of trustees and
under which only certain laws and rules apply to the district."
Sec. 12.020. LOCAL CONTROL PLAN [CHARTER] AMENDMENT. (a)
At any time after the fourth year that a school district has
operated under a local control plan, the [The] governing body of the
local control [a home-rule] school district on its own motion may
submit a proposed [charter] amendment to the local control plan
that complies with this subchapter to the commissioner for legal
review.
(b) A petition to amend a local control plan may be
submitted to the governing body of the district at any time after
the fourth year that the district has operated under the local
control plan. On receipt of a petition, the [The] governing body
shall submit a proposed [charter] amendment that complies with this
subchapter to the commissioner for legal review if the [a] petition
[submitted to the governing body proposing the charter amendment]
is signed by at least five percent of the registered voters of the
district. The petition must designate one or more persons as lead
petitioner.
(c) As soon as practicable, but not later than the 30th day
after the date on which the requirements [for an election] under
Subsection (a) or (b) are satisfied, the commissioner shall review
the proposed amendment to ensure that the proposed amendment
complies with any applicable laws and shall recommend any
modifications necessary. If the commissioner does not act within
the prescribed time, the proposed [charter] amendment is approved.
(d) As soon as practicable after commissioner review under
Subsection (c), the governing body of the district shall order an
election on the proposed amendment.
(e) An election under this section shall be held on the
first uniform election date in November of an even-numbered year
that occurs at least 78 [45] days after the date the election is
ordered.
(f) Notice of the election must include a substantial copy
of the proposed [charter] amendment to the local control plan.
(g) An [A charter] amendment to a local control plan may not
contain more than one subject.
(h) The ballot shall be prepared so that a voter may approve
or disapprove any one or more [charter] amendments to a local
control plan without having to approve or disapprove all of the
[charter] amendments to a local control plan.
(i) The governing body may not order an election on a
proposed [charter] amendment to a local control plan earlier than
the first anniversary of the date of any previous election to amend
the plan [charter].
[(j) Section 12.017 applies to a proposed charter
amendment, except that the governing body shall submit the proposed
charter amendment to the secretary of state.]
Sec. 12.021. ADOPTION OF LOCAL CONTROL PLAN [CHARTER] OR
[CHARTER] AMENDMENT. (a) A [Subject to Section 12.022, a] proposed
local control plan [home-rule school district charter] or a
proposed [charter] amendment to a local control plan is adopted if
approved by a majority of the qualified voters of the district
voting at an election held for that purpose.
(b) A local control plan [charter] or [charter] amendment to
a local control plan shall specify an effective date, which may not
be earlier than the end of the school year during which the election
to adopt a local control plan or amendment to a local control plan
occurs. A local control plan or amendment to a local control plan
[and] takes effect according to its terms when the board of trustees
or governing body of the school district enters an order declaring
that the plan [charter] or [charter] amendment is adopted. The
board of trustees or governing body shall enter an order not later
than the 10th day after the date the canvass of the election returns
is completed.
(c) As soon as practicable after a school district adopts a
local control plan or amendment to a local control plan [home-rule
school district charter or charter amendment], the board of
trustees or governing body shall notify the commissioner of the
outcome of the election.
Sec. 12.022. [MINIMUM VOTER TURNOUT REQUIRED. (a) An
election on the adoption of a proposed home-rule school district
charter has no effect unless at least 25 percent of the registered
voters of the district vote in the election in which the adoption of
the charter is on the ballot.
[(b) An election on the adoption of a proposed amendment to
a home-rule school district charter has no effect unless at least 20
percent of the registered voters of the district vote in the
election in which the adoption of the amendment is on the ballot.
[(c) If the required number of voters prescribed by
Subsection (a) or (b) do not vote in the election, the board of
trustees shall order an election on the issue to be held on the
first uniform election date:
[(1) that occurs at least 45 days after the date the
election is ordered; and
[(2) on which one or more elections are to be held, the
combination of which covers all of the territory of the school
district.
[(d) If the required number of voters prescribed by
Subsection (a) or (b) do not vote at an election ordered as required
by Subsection (c), the board of trustees may continue to order
elections on the issue in accordance with Subsection (c) until the
required minimum voter turnout is achieved.
[Sec. 12.023. CERTIFICATION OF CHARTER OR CHARTER
AMENDMENT. (a) As soon as practicable after a school district
adopts a home-rule school district charter or charter amendment,
the president of the board of trustees shall certify to the
secretary of state a copy of the charter or amendment showing the
approval by the voters of the district.
[(b) The secretary of state shall file and record the
certification in the secretary of state's office.
[Sec. 12.024. EFFECT OF RECORDING CHARTER OR CHARTER
AMENDMENT. A recorded charter or charter amendment is a public act.
A court shall take judicial notice of a recorded charter or charter
amendment and proof is not required of its provisions.
[Sec. 12.025.] GOVERNANCE. (a) A local control
[home-rule] school district may adopt and operate under any
governing structure.
(b) In conformity with the local control plan, the governing
body of the [The] district may:
(1) create offices;
(2) determine the time and method for selecting
officers; [and]
(3) prescribe the qualifications and duties of
officers; and
(4) prescribe procedures to recall or remove members
or officers.
(c) Subject to Subsection (b)(4), the [The] term of any
member of the governing body [officer] of the district is
determined under Section 11.059.
Sec. 12.023 [12.026]. CHANGE IN GOVERNING BODY. If the
adoption, amendment, or revocation of a local control plan
[home-rule school district charter] changes the structure of the
governing body of the school district, the members of the governing
body serving on the date the adoption, amendment, or revocation
takes effect continue in office until their successors are chosen
and have qualified for office.
Sec. 12.024 [12.027]. BASIS FOR PLACEMENT ON PROBATION OR
REVOCATION OF LOCAL CONTROL PLAN [CHARTER]. (a) The commissioner
[State Board of Education] may place a local control school
district on probation or revoke the local control plan [a home-rule
school district charter] of a school district if the commissioner
[board] determines that the district:
(1) committed a material violation of the local
control plan [charter];
(2) failed to satisfy generally accepted accounting
standards of fiscal management; or
(3) failed to comply with this subchapter or other
applicable federal or state law or rule.
(b) The action the commissioner [board] takes under
Subsection (a) shall be based on the best interest of district
students, the severity of the violation, and any previous violation
the district has committed.
(c) A district whose local control plan [home-rule school
district charter] is revoked or rescinded under this subchapter
shall operate under the other provisions of Title 1 and this title
that apply to school districts.
Sec. 12.025 [12.028]. PROCEDURE FOR PLACEMENT ON PROBATION
OR REVOCATION. (a) The commissioner [State Board of Education] by
rule shall adopt a procedure to be used for placing a local control
school district on probation or revoking a local control plan
[home-rule school district charter].
(b) The procedure adopted under Subsection (a) must provide
an opportunity for a hearing to the district and to parents of
district students. A hearing under this subsection must be held in
the district.
Sec. 12.026 [12.029]. STATUS OF DISTRICT IN CASE OF
ANNEXATION OR CONSOLIDATION. (a) If a school district is annexed
to another district under Chapter 13, and only one of the districts
has a local control [home-rule] school district status, the
status[, as a home-rule or other type of school district,] of the
receiving district is the status for both districts following
annexation.
(b) Except as provided by Subchapter H, Chapter 41, if two
or more school districts having different status, one of which is
local control [home-rule] school district status, consolidate into
a single district, the petition under Section 13.003 initiating the
consolidation must state the status for the consolidated district.
The ballot shall be printed to permit voting for or against the
proposition: "Consolidation of (names of school districts) into a
single school district governed as (status of school district
specified in the petition)."
Sec. 12.027 [12.030]. RESCISSION OF LOCAL CONTROL PLAN
[CHARTER]. (a) A local control plan [home-rule school district
charter] may be rescinded as provided by this section.
(b) The governing body of the district shall order an
election on the question of rescinding a local control plan
[home-rule school district charter] if:
(1) the governing body receives a petition requesting
a rescission election signed by at least five percent of the
registered voters of the district; or
(2) at least two-thirds of the total membership of the
governing body adopt a resolution ordering that a rescission
election be held.
(c) As soon as practicable after the date of receipt or
adoption of a resolution under Subsection (b), the governing body
shall order an election.
(d) The proposition to rescind the local control plan
[home-rule school district charter] shall be submitted to the
voters of the district at an election to be held on the first
uniform election date in November of an even-numbered year that
occurs at least 78 [45] days after the date on which the governing
body orders the election.
(e) The ballot shall be printed to permit voting for or
against the proposition: "Whether the local control plan [home-rule
school district charter] of (name of school district) shall be
rescinded so that the school district becomes an independent school
district."
(f) A local control plan [home-rule school district
charter] is rescinded if the rescission is approved by a majority of
the qualified voters of the district voting at an election held for
that purpose [at which at least 25 percent of the registered voters
of the district vote].
(g) The rescission takes effect on a date established by
resolution of the governing body but not earlier than the end of the
school year during which the election to rescind the local control
plan occurs [later than the 90th day after the date of an election
held under this section at which rescission of the charter is
approved and at which the number of registered voters required
under Subsection (f) vote]. As soon as practicable after that
election, the governing body shall notify the commissioner and the
secretary of state of the results of the election and of the
effective date of the rescission.
(h) The rescission of a local control plan [home-rule school
district charter] under this section does not affect:
(1) the district's boundaries; or
(2) taxes or bonds of the district authorized before
the effective date of the rescission.
SECTION 6. Section 12.051(2), Education Code, is amended to
read as follows:
(2) "Board" and "board of trustees" mean the board of
trustees of a school district or the governing body of a local
control [home-rule] school district.
SECTION 7. Section 12.052(a), Education Code, is amended to
read as follows:
(a) In accordance with this subchapter, the board of
trustees of a school district or the governing body of a local
control [home-rule] school district shall grant or deny, through a
public vote of the board of trustees or governing body, a charter to
parents and teachers for a campus or a program on a campus if the
board is presented with a petition signed by:
(1) the parents of a majority of the students at that
school campus; and
(2) a majority of the classroom teachers at that
school campus.
SECTION 8. Section 12.0521(a), Education Code, is amended
to read as follows:
(a) Notwithstanding Section 12.052, in accordance with this
subchapter and in the manner provided by this section, the board of
trustees of a school district or the governing body of a local
control [home-rule] school district may grant a charter for:
(1) a new district campus; or
(2) a program that is operated:
(A) by an entity that has entered into a contract
with the district under Section 11.157 to provide educational
services to the district through the campus or program; and
(B) at a facility located in the boundaries of
the district.
SECTION 9. Section 12.0522(a), Education Code, is amended
to read as follows:
(a) Notwithstanding Section 12.052, in the manner provided
by this section, the board of trustees of a school district or the
governing body of a local control [home-rule] school district may
grant a district charter to a campus to the extent authorized under
this section.
SECTION 10. Section 12.101(a), Education Code, is amended
to read as follows:
(a) In accordance with this subchapter, the commissioner
may grant a charter on the application of an eligible entity for an
open-enrollment charter school to operate in a facility of a
commercial or nonprofit entity, an eligible entity, or a school
district, including a local control [home-rule] school district.
In this subsection, "eligible entity" means:
(1) an institution of higher education as defined
under Section 61.003;
(2) a private or independent institution of higher
education as defined under Section 61.003;
(3) an organization that is exempt from taxation under
Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section
501(c)(3)); or
(4) a governmental entity.
SECTION 11. Sections 22.003(d) and (e), Education Code, are
amended to read as follows:
(d) A school district employee with available personal
leave under this section is entitled to use the leave for
compensation during a term of active military service. This
subsection applies to any personal or sick leave available under
former law or provided by local policy of a school district,
including a local control [home-rule] school district.
(e) A school district, including a local control
[home-rule] school district, may adopt a policy providing for the
paid leave of absence of employees taking leave for active military
service as part of the consideration of employment by the district.
SECTION 12. Section 37.007(e), Education Code, is amended
to read as follows:
(e) In accordance with 20 U.S.C. Section 7151, a local
educational agency, including a school district, local control
[home-rule] school district, or open-enrollment charter school,
shall expel a student who brings a firearm, as defined by 18 U.S.C.
Section 921, to school. The student must be expelled from the
student's regular campus for a period of at least one year, except
that:
(1) the superintendent or other chief administrative
officer of the school district or of the other local educational
agency, as defined by 20 U.S.C. Section 7801, may modify the length
of the expulsion in the case of an individual student;
(2) the district or other local educational agency
shall provide educational services to an expelled student in a
disciplinary alternative education program as provided by Section
37.008 if the student is younger than 10 years of age on the date of
expulsion; and
(3) the district or other local educational agency may
provide educational services to an expelled student who is 10 years
of age or older in a disciplinary alternative education program as
provided in Section 37.008.
SECTION 13. Section 37.022(a)(2), Education Code, is
amended to read as follows:
(2) "District or school" includes an independent
school district, a local control [home-rule] school district, a
campus or campus program charter holder, or an open-enrollment
charter school.
SECTION 14. Section 38.152, Education Code, is amended to
read as follows:
Sec. 38.152. APPLICABILITY. This subchapter applies to an
interscholastic athletic activity, including practice and
competition, sponsored or sanctioned by:
(1) a school district, including a local control
[home-rule] school district, or a public school, including any
school for which a charter has been granted under Chapter 12; or
(2) the University Interscholastic League.
SECTION 15. Section 38.157(c), Education Code, is amended
to read as follows:
(c) The school district superintendent or the
superintendent's designee or, in the case of a local control
[home-rule] school district or open-enrollment charter school, the
person who serves the function of superintendent or that person's
designee shall supervise an athletic trainer or other person
responsible for compliance with the return-to-play protocol. The
person who has supervisory responsibilities under this subsection
may not be a coach of an interscholastic athletics team.
SECTION 16. Section 38.158(f), Education Code, is amended
to read as follows:
(f) Each person described by Subsection (c) must submit
proof of timely completion of an approved course in compliance with
Subsection (e) to the school district superintendent or the
superintendent's designee or, in the case of a local control
[home-rule] school district or open-enrollment charter school, a
person who serves the function of a superintendent or that person's
designee.
SECTION 17. Section 39.102(a), Education Code, is amended
to read as follows:
(a) If a school district does not satisfy the accreditation
criteria under Section 39.052, the academic performance standards
under Section 39.053 or 39.054, or any financial accountability
standard as determined by commissioner rule, the commissioner shall
take any of the following actions to the extent the commissioner
determines necessary:
(1) issue public notice of the deficiency to the board
of trustees;
(2) order a hearing conducted by the board of trustees
of the district for the purpose of notifying the public of the
insufficient performance, the improvements in performance expected
by the agency, and the interventions and sanctions that may be
imposed under this section if the performance does not improve;
(3) order the preparation of a student achievement
improvement plan that addresses each student achievement indicator
under Section 39.053(c) for which the district's performance is
insufficient, the submission of the plan to the commissioner for
approval, and implementation of the plan;
(4) order a hearing to be held before the commissioner
or the commissioner's designee at which the president of the board
of trustees of the district and the superintendent shall appear and
explain the district's low performance, lack of improvement, and
plans for improvement;
(5) arrange an on-site investigation of the district;
(6) appoint an agency monitor to participate in and
report to the agency on the activities of the board of trustees or
the superintendent;
(7) appoint a conservator to oversee the operations of
the district;
(8) appoint a management team to direct the operations
of the district in areas of insufficient performance or require the
district to obtain certain services under a contract with another
person;
(9) if a district has a current accreditation status
of accredited-warned or accredited-probation, fails to satisfy any
standard under Section 39.054(e), or fails to satisfy financial
accountability standards as determined by commissioner rule,
appoint a board of managers to exercise the powers and duties of the
board of trustees;
(10) if for two consecutive school years, including
the current school year, a district has received an accreditation
status of accredited-warned or accredited-probation, has failed to
satisfy any standard under Section 39.054(e), or has failed to
satisfy financial accountability standards as determined by
commissioner rule, revoke the district's accreditation and:
(A) order closure of the district and annex the
district to one or more adjoining districts under Section 13.054;
or
(B) in the case of a local control [home-rule]
school district or open-enrollment charter school, order closure of
all programs operated under the district's local control plan or
school's charter; or
(11) if a district has failed to satisfy any standard
under Section 39.054(e) due to the district's dropout rates, impose
sanctions designed to improve high school completion rates,
including:
(A) ordering the development of a dropout
prevention plan for approval by the commissioner;
(B) restructuring the district or appropriate
school campuses to improve identification of and service to
students who are at risk of dropping out of school, as defined by
Section 29.081;
(C) ordering lower student-to-counselor ratios
on school campuses with high dropout rates; and
(D) ordering the use of any other intervention
strategy effective in reducing dropout rates, including mentor
programs and flexible class scheduling.
SECTION 18. Section 42.152(c), Education Code, is amended
to read as follows:
(c) Funds allocated under this section shall be used to fund
supplemental programs and services designed to eliminate any
disparity in performance on assessment instruments administered
under Subchapter B, Chapter 39, or disparity in the rates of high
school completion between students at risk of dropping out of
school, as defined by Section 29.081, and all other students.
Specifically, the funds, other than an indirect cost allotment
established under State Board of Education rule, which may not
exceed 45 percent, may be used to meet the costs of providing a
compensatory, intensive, or accelerated instruction program under
Section 29.081 or a disciplinary alternative education program
established under Section 37.008, to pay the costs associated with
placing students in a juvenile justice alternative education
program established under Section 37.011, or to support a program
eligible under Title I of the Elementary and Secondary Education
Act of 1965, as provided by Pub. L. No. 103-382 and its subsequent
amendments, and by federal regulations implementing that Act, at a
campus at which at least 40 percent of the students are
educationally disadvantaged. In meeting the costs of providing a
compensatory, intensive, or accelerated instruction program under
Section 29.081, a district's compensatory education allotment
shall be used for costs supplementary to the regular education
program, such as costs for program and student evaluation,
instructional materials and equipment and other supplies required
for quality instruction, supplemental staff expenses, salary for
teachers of at-risk students, smaller class size, and
individualized instruction. A local control [home-rule] school
district or an open-enrollment charter school must use funds
allocated under Subsection (a) for a purpose authorized in this
subsection but is not otherwise subject to Subchapter C, Chapter
29. For purposes of this subsection, a program specifically
designed to serve students at risk of dropping out of school, as
defined by Section 29.081, is considered to be a program
supplemental to the regular education program, and a district may
use its compensatory education allotment for such a program.
SECTION 19. Section 41.0052, Election Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A school district or local control school district
that holds its general election for officers on a date other than
the November uniform election date of an even-numbered year may
change the date on which it holds its general election for officers
to the November uniform election date by adopting a local control
plan or an amendment to a local control plan under Subchapter B,
Chapter 12, Education Code.
SECTION 20. Section 7.102(c)(8), Education Code, is
repealed.
SECTION 21. 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.