84R13044 MK-D
By: Taylor of Galveston, Creighton S.B. No. 14
A BILL TO BE ENTITLED
AN ACT
relating to empowering the parents of students to petition for the
reconstitution, repurposing, alternative management, or closure of
low-performing public school campuses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 39.107(a) and (e), Education Code, are
amended to read as follows:
(a) After a campus has been identified as unacceptable for
two consecutive school years, the commissioner shall order the
reconstitution of the campus, subject to Section 39.1071.
(e) If a campus is considered to have an unacceptable
performance rating for three consecutive school years after the
campus is reconstituted under Subsection (a), the commissioner,
subject to Subsection (e-1) or Section 39.1071 [(e-2)], shall
order:
(1) repurposing of the campus under this section;
(2) alternative management of the campus under this
section; or
(3) closure of the campus.
SECTION 2. Subchapter E, Chapter 39, Education Code, is
amended by adding Section 39.1071 to read as follows:
Sec. 39.1071. PETITION BY PARENTS FOR RECONSTITUTION,
REPURPOSING, ALTERNATIVE MANAGEMENT, OR CLOSURE. (a) Unless the
commissioner has ordered the closure of the campus under Section
39.107, the parents of students enrolled at a campus with an
unacceptable performance rating under Section 39.054 for two
consecutive school years may, at any time, submit a petition to the
commissioner requesting that the commissioner order one of the
following actions authorized by Section 39.107:
(1) reconstitution of the campus;
(2) repurposing of the campus;
(3) alternative management of the campus; or
(4) closure of the campus.
(b) A petition that seeks alternative management of a campus
under Subsection (a)(3) may specify the process to be used in
selecting the organization or team to assume management of the
campus. The commissioner is required to use the specified process.
If the petition does not specify a process to be used, the
organization or team must be selected by the parents of students
enrolled at the campus. To the extent this subsection conflicts
with another provision of this subchapter, this subsection
prevails.
(c) If the petition is signed by the parents of a majority of
the students enrolled at the campus, as determined under Subsection
(d), the commissioner shall order the specific action requested by
the petition. If the petition requests:
(1) reconstitution or repurposing of the campus, the
commissioner shall consider input from the lead petitioner and the
parents of students enrolled at the campus in implementing the
order;
(2) alternative management of the campus, the
commissioner shall order alternative management of the campus by
the organization or team selected as described by Subsection (b);
or
(3) closure of the campus, the commissioner shall
order closure of the campus for the following school year.
(d) The percentage of parents signing a petition shall be
calculated based on the total number of students enrolled at the
campus, applying the following rules:
(1) the signature of only one parent of a student is
required;
(2) a student may not be counted more than once,
regardless of whether more than one parent signs the petition on
behalf of the student; and
(3) the signature of a parent shall be counted on
behalf of each child of the parent who is enrolled at the campus,
unless otherwise indicated in the petition.
(e) The petition may designate one or more persons as a lead
petitioner.
(f) The commissioner shall review the signatures on a
petition to verify that the petition is signed by the parents of a
majority of the students enrolled at the campus. In verifying that
the petition is signed by the parents of a majority of the students
enrolled at the campus, the commissioner may consult with any
person necessary to make the verification, including the board of
trustees for the district in which the campus is located, the
principal of the campus, the lead petitioner, or any designated
lead petitioner representative.
(g) Not later than the 30th day after receipt of the
petition or additional signatures under Subsection (i), the
commissioner shall notify, in writing, the board of trustees for
the district in which the campus is located, the principal of the
campus, the lead petitioner, any designated lead petitioner
representative, and any other person who has requested notice in
writing of the commissioner's determination regarding whether the
number of signatures on the petition is sufficient to compel the
action sought in the petition. Additionally, the commissioner's
written notice must:
(1) state the number of students the commissioner has
determined are enrolled at the campus;
(2) state the number of signatures the commissioner
counted when determining whether the necessary majority was
attained; and
(3) list the signatures that were not counted toward
determining whether the necessary majority was attained and the
reason each disqualified signature was not counted.
(h) In verifying signatures, the commissioner may not
disregard a signature if the clear intent of the person providing
the signature was to support the petition.
(i) If the commissioner determines that a petition is not
signed by the parents of a majority of the students enrolled at the
campus, the parents may, not later than the 45th day after the date
of the commissioner's written notice under Subsection (g), submit
additional signatures in support of the petition.
(j) If additional signatures are submitted to the
commissioner under Subsection (i), the commissioner shall review
and verify the additional signatures in accordance with Subsections
(d), (f), and (g).
(k) If the commissioner determines that the petition is not
signed by the parents of a majority of the students enrolled at the
campus, any petitioner may contest the commissioner's
determination by filing a petition for review with the State Office
of Administrative Hearings not later than the 30th day after the
date of the commissioner's determination. The State Office of
Administrative Hearings shall conduct a hearing and receive
evidence necessary to make a final determination regarding the
commissioner's determination.
(l) A student who resided in the campus's assigned
attendance zone during the school year immediately preceding
implementation of an order under this section may:
(1) enroll in the campus after issuance of the order;
or
(2) transfer to another campus in the district.
(m) A person may not use school district or campus resources
to support or oppose a petition under this section, except that
school district or campus resources may be used to comply with a
public information request under Chapter 552, Government Code.
(n) For purposes of this section, "parent" includes a
student's parent, a student's legal guardian, a person with legal
authority to act in place of a student's parent or legal guardian,
and a student, if the student is 18 years of age or older.
(o) The commissioner may adopt rules necessary to implement
this section.
SECTION 3. Sections 39.107(e-2) and (e-3), Education Code,
are repealed.
SECTION 4. This Act applies beginning with the 2015-2016
school year.
SECTION 5. 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.