Texas 2015 - 84th Regular

Texas Senate Bill SB471 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Rodríguez S.B. No. 471
2		-	(In the Senate - Filed February 6, 2015; February 10, 2015,
3		-	read first time and referred to Committee on Education;
4		-	April 27, 2015, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 10, Nays 0; April 27, 2015,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 471 By: Rodríguez
	1	+	By: Rodríguez, et al. S.B. No. 471
	2	+	(Huberty)
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to reviews and investigations conducted by the Texas
14	8		Education Agency.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Section 7.028(a), Education Code, is amended to
17	11		read as follows:
18	12		(a) Except as provided by Section 29.001(5), 29.010(a),
19	13		[39.056,] or 39.057, the agency may monitor compliance with
20	14		requirements applicable to a process or program provided by a
21	15		school district, campus, program, or school granted charters under
22	16		Chapter 12, including the process described by Subchapter F,
23	17		Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or
24	18		I, Chapter 29, Subchapter A, Chapter 37, or Section 38.003, and the
25	19		use of funds provided for such a program under Subchapter C, Chapter
26	20		42, only as necessary to ensure:
27	21		(1) compliance with federal law and regulations;
28	22		(2) financial accountability, including compliance
29	23		with grant requirements; and
30	24		(3) data integrity for purposes of:
31	25		(A) the Public Education Information Management
32	26		System (PEIMS); and
33	27		(B) accountability under Chapter 39.
34	28		SECTION 2. Section 29.315, Education Code, is amended to
35	29		read as follows:
36	30		Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF
37	31		UNDERSTANDING. The Texas Education Agency and the Texas School for
38	32		the Deaf shall develop, agree to, and by commissioner rule adopt no
39	33		later than September 1, 1998, a memorandum of understanding to
40	34		establish:
41	35		(1) the method for developing and reevaluating a set
42	36		of indicators of the quality of learning at the Texas School for the
43	37		Deaf;
44	38		(2) the process for the agency to conduct and report on
45	39		an annual evaluation of the school's performance on the indicators;
46	40		(3) the requirements for the school's board to
47	41		publish, discuss, and disseminate an annual report describing the
48	42		educational performance of the school;
49	43		(4) the process for the agency to assign an
50	44		accreditation status to the school, to reevaluate the status on an
51	45		annual basis, and, if necessary, to conduct monitoring reviews
52	46		[make on-site accreditation investigations]; and
53	47		(5) the type of information the school shall be
54	48		required to provide through the Public Education Information
55	49		Management System (PEIMS).
56	50		SECTION 3. Section 30.005, Education Code, is amended to
57	51		read as follows:
58	52		Sec. 30.005. TEXAS SCHOOL FOR THE BLIND AND VISUALLY
59	53		IMPAIRED MEMORANDUM OF UNDERSTANDING. The Texas Education Agency
60	54		and the Texas School for the Blind and Visually Impaired shall
61	55		develop, agree to, and by commissioner rule adopt a memorandum of
62	56		understanding to establish:
63	57		(1) the method for developing and reevaluating a set
64	58		of indicators of the quality of learning at the Texas School for the
65	59		Blind and Visually Impaired;
66	60		(2) the process for the agency to conduct and report on
67	61		an annual evaluation of the school's performance on the indicators;
68	62		(3) the requirements for the school's board to
69	63		publish, discuss, and disseminate an annual report describing the
70	64		educational performance of the school;
71	65		(4) the process for the agency to:
72	66		(A) assign an accreditation status to the school;
73	67		(B) reevaluate the status on an annual basis; and
74	68		(C) if necessary, conduct monitoring reviews
75	69		[make on-site accreditation investigations]; and
76	70		(5) the type of information the school shall be
77	71		required to provide through the Public Education Information
78	72		Management System (PEIMS).
79	73		SECTION 4. Section 39.056, Education Code, is amended to
80	74		read as follows:
81	75		Sec. 39.056. MONITORING REVIEWS [ON-SITE INVESTIGATIONS].
82	76		(a) The commissioner may[:
83	77		[(1)] direct the agency to conduct monitoring reviews
84	78		and random on-site visits [investigations] of a school district at
85	79		any time as authorized by Section 7.028 [to answer any questions
86	80		concerning a program, including special education, required by
87	81		federal law or for which the district receives federal funds; and
88	82		[(2) as a result of the investigation, change the
89	83		accreditation status of a district, change the accountability
90	84		rating of a district or campus, or withdraw a distinction
91	85		designation under Subchapter G].
92	86		(b) The commissioner shall determine the frequency of
93	87		monitoring reviews [on-site investigations] by the agency
94	88		according to:
95	89		(1) annual comprehensive analyses of student
96	90		performance and equity in relation to the student achievement
97	91		indicators adopted under Section 39.053;
98	92		(2) reviews of fiscal reports and other fiscal data as
99	93		set forth in Section 44.010; or
100	94		(3) comprehensive analyses of financial
101	95		accountability standards under Subchapter D.
102	96		(c) In conducting a monitoring review [making an on-site
103	97		accreditation investigation], the agency may [investigators shall]
104	98		obtain information from administrators, other district employees
105	99		[teachers], [and] parents of students enrolled in the school
106	100		district, and other persons as necessary. [The investigation may
107	101		not be closed until information is obtained from each of those
108	102		sources.] The commissioner [State Board of Education] shall adopt
109	103		rules for:
110	104		(1) obtaining information from parents and using that
111	105		information in the monitoring review [investigator's] report; and
112	106		(2) obtaining information from other district
113	107		employees [teachers] in a manner that prevents a district or campus
114	108		from screening the information.
115	109		(d) The agency shall give written notice to the
116	110		superintendent and the board of trustees of a school district of any
117	111		impending monitoring review [investigation of the district's
118	112		accreditation].
119	113		(e) The agency [investigators] shall report [orally and] in
120	114		writing to the superintendent and president of the board of
121	115		trustees of the school district [and, as appropriate, to campus
122	116		administrators] and shall make recommendations concerning any
123	117		necessary improvements or sources of aid such as regional education
124	118		service centers.
125	119		(f) A district which takes action with regard to the
126	120		recommendations provided by the agency [investigators] as
127	121		prescribed by Subsection (e) shall make a reasonable effort to seek
128	122		assistance from a third party in developing an action plan to
129	123		improve district performance using improvement techniques that are
130	124		goal oriented and research based.
131	125		(g) A monitoring review may include desk reviews and on-site
132	126		visits, including random on-site visits.
133	127		(h) The commissioner may at any time convert a monitoring
134	128		review to a special accreditation investigation under Section
135	129		39.057, provided the commissioner promptly notifies the school
136	130		district of the conversion.
137	131		SECTION 5. Section 39.058, Education Code, is amended to
138	132		read as follows:
139	133		Sec. 39.058. CONDUCT OF SPECIAL ACCREDITATION
140	134		INVESTIGATIONS. (a) The agency shall adopt written procedures for
141	135		conducting special accreditation [on-site] investigations under
142	136		this subchapter, including procedures that allow the agency to
143	137		obtain information from district employees in a manner that
144	138		prevents a district or campus from screening the information. The
145	139		agency shall make the procedures available on the agency Internet
146	140		website [to the complainant, the alleged violator, and the public].
147	141		Agency staff must be trained in the procedures and must follow the
148	142		procedures in conducting the special accreditation investigation.
149	143		(b) After completing a special accreditation [an]
150	144		investigation, the agency shall present preliminary findings to any
151	145		person or entity the agency finds has violated a law, rule, or
152	146		policy. Before issuing a report with its final findings, the agency
153	147		must provide a person or entity the agency finds has violated a law,
154	148		rule, or policy an opportunity for an informal review by the
155	149		commissioner or a designated hearing examiner.
156	150		SECTION 6. Section 39.102(a), Education Code, is amended to
157	151		read as follows:
158	152		(a) If a school district does not satisfy the accreditation
159	153		criteria under Section 39.052, the academic performance standards
160	154		under Section 39.053 or 39.054, or any financial accountability
161	155		standard as determined by commissioner rule, or if considered
162	156		appropriate by the commissioner on the basis of a special
163	157		accreditation investigation under Section 39.057, the commissioner
164	158		shall take any of the following actions to the extent the
165	159		commissioner determines necessary:
166	160		(1) issue public notice of the deficiency to the board
167	161		of trustees;
168	162		(2) order a hearing conducted by the board of trustees
169	163		of the district for the purpose of notifying the public of the
170	164		insufficient performance, the improvements in performance expected
171	165		by the agency, and the interventions and sanctions that may be
172	166		imposed under this section if the performance does not improve;
173	167		(3) order the preparation of a student achievement
174	168		improvement plan that addresses each student achievement indicator
175	169		under Section 39.053(c) for which the district's performance is
176	170		insufficient, the submission of the plan to the commissioner for
177	171		approval, and implementation of the plan;
178	172		(4) order a hearing to be held before the commissioner
179	173		or the commissioner's designee at which the president of the board
180	174		of trustees of the district and the superintendent shall appear and
181	175		explain the district's low performance, lack of improvement, and
182	176		plans for improvement;
183	177		(5) arrange a monitoring review [an on-site
184	178		investigation] of the district;
185	179		(6) appoint an agency monitor to participate in and
186	180		report to the agency on the activities of the board of trustees or
187	181		the superintendent;
188	182		(7) appoint a conservator to oversee the operations of
189	183		the district;
190	184		(8) appoint a management team to direct the operations
191	185		of the district in areas of insufficient performance or require the
192	186		district to obtain certain services under a contract with another
193	187		person;
194	188		(9) if a district has a current accreditation status
195	189		of accredited-warned or accredited-probation, fails to satisfy any
196	190		standard under Section 39.054(e), or fails to satisfy financial
197	191		accountability standards as determined by commissioner rule,
198	192		appoint a board of managers to exercise the powers and duties of the
199	193		board of trustees;
200	194		(10) if for two consecutive school years, including
201	195		the current school year, a district has received an accreditation
202	196		status of accredited-warned or accredited-probation, has failed to
203	197		satisfy any standard under Section 39.054(e), or has failed to
204	198		satisfy financial accountability standards as determined by
205	199		commissioner rule, revoke the district's accreditation and:
206	200		(A) order closure of the district and annex the
207	201		district to one or more adjoining districts under Section 13.054;
208	202		or
209	203		(B) in the case of a home-rule school district or
210	204		open-enrollment charter school, order closure of all programs
211	205		operated under the district's or school's charter; or
212	206		(11) if a district has failed to satisfy any standard
213	207		under Section 39.054(e) due to the district's dropout rates, impose
214	208		sanctions designed to improve high school completion rates,
215	209		including:
216	210		(A) ordering the development of a dropout
217	211		prevention plan for approval by the commissioner;
218	212		(B) restructuring the district or appropriate
219	213		school campuses to improve identification of and service to
220	214		students who are at risk of dropping out of school, as defined by
221	215		Section 29.081;
222	216		(C) ordering lower student-to-counselor ratios
223	217		on school campuses with high dropout rates; and
224	218		(D) ordering the use of any other intervention
225	219		strategy effective in reducing dropout rates, including mentor
226	220		programs and flexible class scheduling.
227	221		SECTION 7. This Act takes effect immediately if it receives
228	222		a vote of two-thirds of all the members elected to each house, as
229	223		provided by Section 39, Article III, Texas Constitution. If this
230	224		Act does not receive the vote necessary for immediate effect, this
231	225		Act takes effect September 1, 2015.
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