Texas 2015 - 84th Regular

Texas Senate Bill SB669 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: West S.B. No. 669
2		-	(In the Senate - Filed February 20, 2015; February 24, 2015,
3		-	read first time and referred to Committee on Education;
4		-	April 28, 2015, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 8, Nays 1, 1 present not
6		-	voting; April 28, 2015, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 669 By: West
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to state interventions and sanctions against public school
14	7		campuses with unacceptable performance and the establishment of the
15	8		Texas Opportunity School District for educating students at certain
16	9		low-performing campuses.
17	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	11		SECTION 1. SHORT TITLE. This Act may be cited as the
19	12		Low-Performing Campus Intervention Act.
20	13		SECTION 2. Chapter 11, Education Code, is amended by adding
21	14		Subchapter I to read as follows:
22	15		SUBCHAPTER I. TEXAS OPPORTUNITY SCHOOL DISTRICT
23	16		Sec. 11.401. TEXAS OPPORTUNITY SCHOOL DISTRICT
24	17		ESTABLISHED. (a) The Texas Opportunity School District is
25	18		established as a school district under this code and an
26	19		intermediate educational unit under 34 C.F.R. Section 222.50 for
27	20		the purpose of educating students attending a campus removed from
28	21		the jurisdiction of a school district under Chapter 39.
29	22		(b) In this subchapter, "prior system" means the school
30	23		district from which a campus that is transferred to the
31	24		jurisdiction of the opportunity school district was removed.
32	25		(c) The commissioner shall select the superintendent of the
33	26		opportunity school district. The superintendent shall report to
34	27		the commissioner under a written contract for services.
35	28		(d) The opportunity school district does not have authority
36	29		to impose taxes but has authority to seek and expend federal funding
37	30		and grant funding and to otherwise seek, obtain, and expend funding
38	31		with the same authority as an independent school district.
39	32		(e) The opportunity school district may provide for the
40	33		supervision, management, and operation of each campus placed under
41	34		the district's jurisdiction and receive, control, and expend the
42	35		local, state, and federal funding attributable to that campus, with
43	36		all the same power and authority as the prior system, subject to the
44	37		requirements of this subchapter and Section 39.1071, and with any
45	38		other power or authority otherwise granted by law.
46	39		(f) The opportunity school district is entitled to the same
47	40		level of services provided to other school districts by regional
48	41		education service centers, and to participate in any state program
49	42		available to school districts, including a purchasing program.
50	43		(g) The opportunity school district may not contract with a
51	44		private entity for providing educational services to the students
52	45		attending a campus transferred to the district, other than an
53		-	eligible entity, as defined by Section 12.101, that holds a charter
54		-	granted under Chapter 12 and has demonstrated success in educating
55		-	populations of students similar to the populations of students
56		-	enrolled at the campus transferred to the district.
	46	+	eligible entity, as defined by Section 12.101, that has
	47	+	demonstrated success in educating populations of students similar
	48	+	to the populations of students enrolled at the campus transferred
	49	+	to the district.
	50	+	(g-1) The opportunity school district may contract with a
	51	+	school district to provide educational services to students
	52	+	attending a campus transferred to the district.
57	53		(h) The opportunity school district may employ such staff as
58	54		the superintendent deems necessary.
59	55		Sec. 11.402. APPLICABILITY OF LAWS, RULES, AND ORDINANCES
60	56		TO OPPORTUNITY SCHOOL DISTRICT. (a) Except as expressly provided
61	57		by law, the opportunity school district is subject to federal and
62	58		state laws and rules governing public schools and to municipal
63	59		zoning ordinances governing public schools.
64	60		(b) Except as provided by Subsection (c) and as expressly
65	61		provided by other law, the opportunity school district is subject
66	62		to a provision of this title to the extent and in the manner that the
67	63		provision applies to an open-enrollment charter school under
68	64		Subchapter D, Chapter 12.
69	65		(c) A teacher employed by the opportunity school district
70	66		must be highly qualified, as determined by the commissioner in a
71	67		manner consistent with the No Child Left Behind Act of 2001 (20
72	68		U.S.C. Section 6301 et seq.).
73	69		(d) The performance of a campus under the jurisdiction of
74	70		the opportunity school district may not be used for purposes of
75	71		determining the prior system's performance rating under Section
76	72		39.054.
77	73		(e) With respect to the operation of the opportunity school
78	74		district, any requirement in Chapter 551 or 552, Government Code,
79	75		or another law that concerns open meetings or the availability of
80	76		information that applies to a school district, the board of
81	77		trustees of a school district, or public school students applies to
82	78		the opportunity school district, the superintendent of the
83		-	district, and students attending the district.
	79	+	district, any managing entity, and students attending the district.
84	80		Sec. 11.403. IMMUNITY. The opportunity school district is
85	81		immune from liability to the same extent as any other school
86	82		district, and the district's employees and volunteers are immune
87	83		from liability to the same extent as other school district
88	84		employees and volunteers.
89	85		Sec. 11.404. MEMBERSHIP IN TEACHER RETIREMENT SYSTEM OF
90	86		TEXAS BY OPPORTUNITY SCHOOL DISTRICT EMPLOYEES. (a) An employee
91	87		of the opportunity school district who qualifies for membership in
92	88		the Teacher Retirement System of Texas shall be covered under the
93	89		system to the same extent a qualified employee of any other school
94	90		district is covered.
95	91		(b) For each employee of the opportunity school district
96	92		covered under the system, the district is responsible for making
97	93		any contribution that otherwise would be the legal responsibility
98	94		of the prior system, and the state is responsible for making
99	95		contributions to the same extent it would be legally responsible if
100	96		the employee were that of another school district.
101	97		Sec. 11.405. FUNDING OF STUDENTS ENROLLED IN OPPORTUNITY
102	98		SCHOOL DISTRICT. (a) The opportunity school district is entitled
103	99		to receive for the education of students transferred to the
104	100		district funding under Chapter 42 equal to the amount of funding per
105	101		student in weighted average daily attendance to which the prior
106	102		system would be entitled under Chapter 42 if the prior system were a
107	103		school district without a tier one local share for purposes of
108	104		Section 42.253.
109	105		(b) In determining funding for the opportunity school
110	106		district under Subsection (a), adjustments under Sections 42.102,
111	107		42.103, 42.104, and 42.105 are based on the actual adjustment for
112	108		the prior system. In addition to the funding provided by Subsection
113	109		(a), the opportunity school district is entitled to receive
114	110		enrichment funding under Section 42.302 based on the actual amount
115	111		for the prior system.
116	112		(c) In determining funding for the opportunity school
117	113		district under Subsection (a), the commissioner shall apply the
118	114		same adjustment factor provided under Section 42.101 to calculate
119	115		the regular program allotment as for the prior system. This
120	116		subsection expires September 1, 2017.
121	117		(d) The opportunity school district is entitled to funds
122	118		that are available to other school districts from the agency or the
123	119		commissioner in the form of grants or other discretionary funding.
124	120		The district is entitled to a pro rata share of all revenue to the
125	121		prior system from the agency or the commissioner in the form of
126	122		grants or other discretionary funding.
127	123		(e) The opportunity school district is entitled to share in
128	124		the available school fund apportionment and other privileges in the
129	125		same manner as the prior system. The district shall report its
130	126		student attendance and receive funding in the same manner as any
131	127		other school district.
132	128		(f) For purposes of calculating the amount of the prior
133	129		system's obligations and entitlements under Chapters 41 and 42,
134	130		students transferred to the opportunity school district who would
135	131		otherwise have attended the prior system are not counted in
136	132		calculating the average daily attendance of the prior system.
137	133		(f-1) For purposes of calculating the prior system's
138	134		allotments under Chapter 46, students transferred to the
139	135		opportunity school district who would otherwise have attended the
140	136		prior system are counted in calculating the average daily
141	137		attendance of the prior system.
142	138		(g) The commissioner shall adopt rules under this section.
143	139		Sec. 11.406. FACILITIES SUPPORT FOR STUDENTS ENROLLED IN
144	140		OPPORTUNITY SCHOOL DISTRICT. The opportunity school district is
145	141		entitled to use any school building and all facilities and property
146	142		otherwise part of the campus and recognized as part of the
147	143		facilities or assets of the campus before the campus was placed in
148	144		the district. The district is entitled to access to such additional
149	145		facilities as were typically available to the campus, its students,
150	146		and faculty and staff before the campus was placed in the district.
151	147		Such use may not be restricted, except that the opportunity school
152	148		district is responsible for and obligated to provide for routine
153	149		maintenance and repair such that the facilities and property are
154	150		maintained in as good an order as when the right of use was acquired
155	151		by the district.
156	152		Sec. 11.407. OTHER SUPPORT FOR STUDENTS ENROLLED IN
157	153		OPPORTUNITY SCHOOL DISTRICT. The opportunity school district may
158	154		require the prior system to provide school support or student
159	155		support services for a campus transferred from the prior system's
160	156		jurisdiction, including student transportation, school food
161	157		service, or student assessment for special education eligibility
162	158		that are compliant with all laws and regulations governing such
163	159		services. The opportunity school district shall reimburse the
164	160		actual cost of such services to the prior system. If a dispute
165	161		arises between the opportunity school district and the prior system
166	162		regarding the actual cost of services to be reimbursed, the
167	163		commissioner or the commissioner's designee shall determine the
168	164		cost to be reimbursed.
169	165		Sec. 11.408. EXPENDITURES FOR SUPPORT OF STUDENTS ENROLLED
170	166		IN OPPORTUNITY SCHOOL DISTRICT. Funds received by the opportunity
171	167		school district under Section 11.405 shall be used for the
172	168		operation and administration of campuses transferred from prior
173	169		systems to the district.
174	170		Sec. 11.409. OPPORTUNITY SCHOOL DISTRICT CHARTER. (a) The
175	171		opportunity school district may grant a district charter under
176	172		Section 12.0522 to a campus that has been placed in the opportunity
177	173		school district.
178	174		(b) The grant of a district charter by the opportunity
179	175		school district is not subject to the limitation imposed by Section
180	176		12.0522(b).
181	177		(c) A campus granted a district charter under this section
182	178		is eligible for funding under Section 11.405. Any administrative
183	179		costs related to authorizing a district charter under this section
184	180		may be paid from funds appropriated to the opportunity school
185	181		district, as approved by the superintendent of the opportunity
186	182		school district.
187	183		SECTION 3. Section 39.106(f), Education Code, is amended to
188	184		read as follows:
189	185		(f) Notwithstanding any other provision of this subchapter,
190	186		if the commissioner determines that a campus for which an
191	187		intervention is ordered under Subsection (a) is not fully
192	188		implementing the campus intervention team's recommendations or
193	189		targeted improvement plan or updated plan, the commissioner may
194	190		order the reconstitution of the campus as provided by Section
195	191		39.107 or the removal of the campus to the opportunity school
196	192		district established by Subchapter I, Chapter 11.
197	193		SECTION 4. The heading to Section 39.107, Education Code,
198	194		is amended to read as follows:
199	195		Sec. 39.107. RECONSTITUTION, REMOVAL, REPURPOSING,
200	196		ALTERNATIVE MANAGEMENT, AND CLOSURE.
201	197		SECTION 5. Section 39.107, Education Code, is amended by
202	198		amending Subsections (a) and (a-1) and adding Subsections (a-2),
203		-	(a-3), (a-4~~), (a-5), (a-6~~), and (k-1) to read as follows:
	199	+	(a-3), (a-4), and (k-1) to read as follows:
204	200		(a) After a campus has been identified as unacceptable for
205	201		two consecutive school years, the commissioner shall determine
206		-	whether the district has instituted meaningful change at the
207		-	campus, including reconstituting the staff or leadership at the
208		-	campus. If the commissioner determines that the district has
209		-	instituted meaningful change at the campus, the commissioner may
210		-	take action under Subsection (a-1) and reevaluate the campus under
211		-	this subsection following the conclusion of the subsequent school
212		-	year. If the commissioner determines that the district has not
213		-	instituted meaningful change at the campus, the commissioner shall,
214		-	based on the commissioner's determination of the best remedy for
215		-	the campus:
216		-	(1) order the reconstitution of the campus under this
	202	+	whether the district or campus has instituted meaningful change for
	203	+	the campus, including reconstituting the staff or leadership at the
	204	+	campus. If the commissioner determines that the district or campus
	205	+	has instituted meaningful change for the campus, the commissioner
	206	+	may reevaluate the campus under this subsection following the
	207	+	conclusion of the subsequent school year. If the commissioner
	208	+	determines the district or campus has not instituted meaningful
	209	+	change for the campus, the superintendent of the district may
	210	+	operate the campus with the same powers and authority granted to the
	211	+	superintendent of the opportunity school district established
	212	+	under Subchapter I, Chapter 11, to operate a campus placed in the
	213	+	jurisdiction of the opportunity school district unless the
	214	+	commissioner orders one or more of the following:
	215	+	(1) [order the] reconstitution of the campus under
	216	+	this section;
	217	+	(2) repurposing of the campus under this section;
	218	+	(3) alternative management of the campus under this
217	219		section; or
218		-	(2) order the removal of the campus to the opportunity
219		-	school district as provided by Section 39.1071.
220		-	(a-1) At the request of the superintendent of the district,
221		-	the commissioner may annually for two consecutive years grant the
222		-	district extraordinary powers to address performance deficiencies
223		-	in accordance with the following limitations:
224		-	(1) the commissioner may only grant powers
225		-	specifically requested by the board;
226		-	(2) the board must provide evidence that the power or
227		-	powers requested will enable the district to overcome identified
228		-	barriers to performance growth;
229		-	(3) the commissioner may not grant a district powers
230		-	or related waivers or exemptions not available to the opportunity
231		-	school district; and
232		-	(4) when the grant of an extraordinary power expires
233		-	at the end of the first or second year in which it is operative, as
234		-	determined by the commissioner, the campus will be removed to the
235		-	opportunity school district if the commissioner determines that the
236		-	campus has not achieved a performance growth level that enables the
237		-	campus to achieve acceptable performance within four years.
238		-	(a-2) In making a determination regarding action to be taken
	220	+	(4) placement of the campus in the opportunity school
	221	+	district, as provided by Section 39.1071.
	222	+	(a-1) In making a determination regarding action to be taken
239	223		under this section, the commissioner shall seek and give
240	224		considerable weight to recommendations from parents of students
241	225		enrolled at the campus and members of the community who reside in
242	226		the attendance zone of the campus.
243		-	(a-3) In reconstituting a campus, a campus intervention
	227	+	(a-2) In reconstituting a campus, a campus intervention
244	228		team, with the involvement and advice of the school community
245	229		partnership team, if applicable, shall assist the campus in:
246	230		(1) developing an updated targeted improvement plan;
247	231		(2) submitting the updated targeted improvement plan
248	232		to the board of trustees of the school district for approval and
249	233		presenting the plan in a public hearing as provided by Section
250	234		39.106(e-1);
251	235		(3) obtaining approval of the updated plan from the
252	236		commissioner; and
253	237		(4) executing the plan on approval by the
254	238		commissioner.
255		-	(a-4) The campus intervention team or a school community
	239	+	(a-3) The campus intervention team or a school community
256	240		partnership team shall develop information regarding campus
257	241		performance and available options for improving campus performance
258	242		that may be provided to interested parties on request.
259		-	(a-5) Notwithstanding Subsection (a), the commissioner may
260		-	refrain from taking action otherwise required under that subsection
261		-	against a campus based on campus performance for the 2016-2017
262		-	school year and preceding school years. If the commissioner takes
263		-	action, the commissioner may not order the reconstitution of the
264		-	campus and may only take other actions authorized by law. This
265		-	subsection expires September 1, 2018.
266		-	(a-6) In ordering the reconstitution of a campus or as an
	243	+	(a-4) In ordering the reconstitution of a campus or as an
267	244		alternative to reconstitution, the commissioner may order at the
268	245		request of the school district that:
269	246		(1) except as expressly provided by other law, the
270	247		reconstituted campus and its employees and students are subject to
271	248		a provision of this title to the extent and in the same manner that
272	249		the provision applies to an open-enrollment charter school and its
273	250		employees and students under Subchapter D, Chapter 12; or
274	251		(2) the reconstituted campus, by agreement between the
275	252		school district and the opportunity school district, be transferred
276	253		to or operated by the opportunity school district.
277	254		(k-1) A managing entity may not assume management of a
278	255		campus under this section if a member of the entity's management and
279	256		leadership team provided any input to the commissioner regarding
280	257		the commissioner's determination under Subsection (a).
281	258		SECTION 6. Subchapter E, Chapter 39, Education Code, is
282	259		amended by adding Section 39.1071 to read as follows:
283	260		Sec. 39.1071. REMOVAL OF CAMPUS TO OPPORTUNITY SCHOOL
284	261		DISTRICT. (a) In this section, "prior system" has the meaning
285	262		assigned by Section 11.401(b).
286	263		(b) As provided by Section 39.107, the commissioner may
287	264		order the removal of a campus to the opportunity school district
288	265		established by Subchapter I, Chapter 11, if action by the
289	266		commissioner is required under Section 39.107.
290	267		(c) The students assigned to attend the campus or the
291	268		students who would have been eligible to attend the campus if the
292	269		campus had remained in the prior system may choose to attend the
293	270		campus under the jurisdiction of the opportunity school district or
294	271		may exercise an option, made available by the prior system, to
295	272		attend another campus remaining under the jurisdiction of the prior
296	273		system.
297		-	(d) Only students who were eligible to attend a campus under
298		-	the prior system or who would have been eligible to attend the
299		-	campus if the campus had remained in the prior system may attend
300		-	that campus at the opportunity school district. All such students
301		-	are eligible to attend the campus, notwithstanding any contrary
302		-	provision of law.
303		-	(e) Effective on a date determined by the commissioner after
	274	+	(d) Effective on a date determined by the commissioner after
304	275		consulting with the superintendent of the opportunity school
305	276		district, a campus subject to this section shall be removed from the
306	277		jurisdiction of the school district and transferred to the
307	278		jurisdiction of the opportunity school district. On that date, the
308	279		school district or charter holder from which the campus was removed
309	280		becomes the prior system.
310		-	(f) The removed campus shall be reorganized and reformed, as
311		-	necessary, and operated by the opportunity school district.
312		-	(g) The superintendent of the opportunity school district
	281	+	(e) The removed campus shall be reorganized and reformed, as
	282	+	necessary, and operated under the jurisdiction of the opportunity
	283	+	school district.
	284	+	(f) The superintendent of the opportunity school district
313	285		shall decide which educators may be retained at that campus in the
314	286		superintendent's sole discretion. If the opportunity school
315	287		district does not retain an educator, that educator may be assigned
316	288		to another position by the prior system.
317		-	(h) A certified teacher with regular and direct
	289	+	(g) A certified teacher with regular and direct
318	290		responsibility for providing classroom instruction to students who
319	291		is employed at the removed campus by the prior system shall be given
320	292		priority consideration for employment in a comparable position by
321	293		the opportunity school district's superintendent. A person
322	294		employed by the prior system at a removed campus may choose to
323	295		remain in the employ of the prior system, and in that case, the
324	296		prior system shall retain and reassign the person consistent with
325	297		the prior system's contractual obligations or policies regarding
326		-	the retention and reassignment of employees.
327		-	(i) For the purposes of any benefit or right requiring
	298	+	the retention and reassignment of employees. This subsection does
	299	+	not create rights or entitlements in excess of contractual rights
	300	+	and entitlements.
	301	+	(h) For the purposes of any benefit or right requiring
328	302		continuous service or based on years of service, the prior system
329	303		shall grant a leave of absence to a person employed by the
330	304		opportunity school district who was employed at a campus when the
331	305		campus was removed under this section. The prior system shall
332	306		consider the period during which the opportunity school district
333	307		operates the campus to be service time with the prior system if the
334	308		employee returns to the prior system's employment, but the prior
335	309		system is not required to provide benefits during such leave.
336		-	(j) The benefits and privileges of any person employed in a
	310	+	(i) The benefits and privileges of any person employed in a
337	311		campus by the opportunity school district who was not employed by
338	312		the prior system at the time the campus was removed to the
339	313		opportunity school district shall be those determined by the
340	314		opportunity school district at the time of such employment in
341	315		compliance with applicable law.
342		-	(k) The opportunity school district shall retain
	316	+	(j) The opportunity school district shall retain
343	317		jurisdiction over any campus removed to the district until the
344	318		commissioner, on the recommendation of the opportunity school
345	319		district's superintendent, enters into an agreement with the prior
346	320		system for return of the campus to the prior system.
347		-	(l) When a campus in the opportunity school district
	321	+	(k) When a campus in the opportunity school district
348	322		achieves an acceptable level of performance under this chapter, the
349	323		commissioner shall direct the opportunity school district to seek
350	324		agreement for the return of the campus to the prior system. An
351	325		agreement between the commissioner and the prior system for the
352	326		return of the campus shall include:
353	327		(1) details for the operation of the campus by the
354	328		prior system, including provisions for the continuation of the
355	329		programs that have provided the basis for the academic achievement
356	330		by the students;
357	331		(2) provisions for the employment status of all
358	332		persons employed by the opportunity school district who were not
359	333		employed by the prior system at the time the campus was removed to
360	334		the opportunity school district; and
361	335		(3) provisions for the means and timetable for the
362	336		campus's transition and return to the prior system.
363		-	(m) If a campus has been operating under arrangements
	337	+	(l) If a campus has been operating under arrangements
364	338		established by the opportunity school district for three years, or
365	339		two years if the commissioner determines that the campus has not
366	340		made meaningful progress during those two years, and the campus has
367	341		failed during that period of three or two years, as applicable, to
368	342		achieve an acceptable level of performance under this chapter, the
369	343		commissioner shall:
370	344		(1) take the following action:
371	345		(A) direct the superintendent of the opportunity
372	346		school district to organize a new campus of the opportunity school
373	347		district for the purpose of educating the students attending the
374	348		campus initially removed from the prior system under this section
375	349		in the manner determined by the superintendent as most likely to
376	350		bring the campus to an acceptable level of performance, which may be
377	351		done by designing and granting a campus charter under Section
378	352		12.0521(a)(1); or
379	353		(B) in accordance with a proposal for improving
380	354		campus performance submitted by the prior system, return the campus
381	355		to the prior system;
382	356		(2) if the campus remains in the jurisdiction of the
383	357		opportunity school district, address the opportunity school
384	358		district's failure to turn around the campus within three years;
385	359		and
386	360		(3) record these steps for reporting as required by
387	361		Section 39.332.
388		-	(n) For purposes of this subsection, "parent" has the
	362	+	(m) For purposes of this subsection, "parent" has the
389	363		meaning assigned by Section 12.051. If the commissioner is
390	364		presented, in the time and manner specified by commissioner rule, a
391	365		written petition signed by the parents of a majority of the students
392		-	enrolled at a campus to which Subsection (m) applies requesting a
	366	+	enrolled at a campus to which Subsection (l) applies requesting a
393	367		specific action described by Section 39.107(e)(1), (2), or (3), the
394	368		commissioner shall, except as otherwise authorized by this section,
395	369		order the specific action requested. For purposes of this
396	370		subsection, the signature of only one parent of a student is
397	371		required.
398		-	(o) If a campus governing body established by the
	372	+	(n) If a campus governing body established by the
399	373		opportunity school district presents to the commissioner, in the
400	374		time and manner specified by commissioner rule, a written request
401	375		that the commissioner order specific action described by Section
402	376		39.107(e)(1) or (2) other than the specific action requested in the
403	377		parents' petition and a written explanation of the basis for the
404	378		governing body's request, the commissioner may order the action
405	379		requested by the governing body.
406		-	(p) If the commissioner determines that the basis for the
	380	+	(o) If the commissioner determines that the basis for the
407	381		unsatisfactory performance of a campus for two consecutive school
408	382		years is limited to a specific condition that may be remedied with
409	383		targeted technical assistance, the commissioner may require the
410	384		district to contract for the appropriate technical assistance
411	385		instead of removal under this section.
412		-	(q) On request, the commissioner and the superintendent of
	386	+	(p) On request, the commissioner and the superintendent of
413	387		the opportunity school district shall provide information
414	388		concerning the new operations and performance of a campus to the
415	389		prior system.
416		-	(r) Notwithstanding any other provision of this code, the
	390	+	(q) Notwithstanding any other provision of this code, the
417	391		funding for a campus operated by the opportunity school district
418	392		must be not less than the funding of the other campuses in the prior
419	393		system on a per student basis so that the opportunity school
420	394		district receives at least the same funding the campus would
421	395		otherwise have received, provided that the prior system receives
422	396		the same amount per student in a given year.
423		-	(s) A campus operated by the opportunity school district may
	397	+	(r) A campus operated by the opportunity school district may
424	398		change its name only on agreement of the prior system and the
425	399		opportunity school district.
426		-	(t) The commissioner may adopt rules necessary to implement
	400	+	(s) The commissioner may adopt rules necessary to implement
427	401		this section.
428	402		SECTION 7. Section 39.108, Education Code, is amended to
429	403		read as follows:
430	404		Sec. 39.108. ANNUAL REVIEW. (a) The commissioner shall
431	405		review annually the performance of a district or campus subject to
432	406		this subchapter to determine the appropriate actions to be
433	407		implemented under this subchapter. The commissioner must review at
434	408		least annually the performance of a district for which the
435	409		accreditation status or rating has been lowered due to insufficient
436	410		student performance and may not raise the accreditation status or
437	411		rating until the district has demonstrated improved student
438	412		performance. If the review reveals a lack of improvement, the
439	413		commissioner shall increase the level of state intervention and
440	414		sanction unless the commissioner finds good cause for maintaining
441	415		the current status.
442	416		(b) The review required by Subsection (a) shall form the
443	417		basis of the reporting required by Section 39.332(b)(25).
444	418		SECTION 8. Section 39.332(b), Education Code, is amended by
445	419		adding Subdivision (25) to read as follows:
446	420		(25) The report must contain a listing and description
447	421		of the status of each campus under the jurisdiction of the
448	422		opportunity school district and a summary of the reforms
449	423		implemented and progress of the campus.
450	424		SECTION 9. This Act applies beginning with the 2016-2017
451	425		school year.
452	426		SECTION 10. This Act takes effect immediately if it
453	427		receives a vote of two-thirds of all the members elected to each
454	428		house, as provided by Section 39, Article III, Texas Constitution.
455	429		If this Act does not receive the vote necessary for immediate
456	430		effect, this Act takes effect September 1, 2015.
457		-	* * * * *