Texas 2017 - 85th Regular

Texas House Bill HB3828 Compare Versions

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1	1	By: Huberty H.B. No. 3828
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to accreditation interventions and sanctions.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 39.102(a), Education Code, is amended to
9	9	read as follows:
10	10	(a) If a school district does not satisfy the accreditation
11	11	criteria under Section 39.052, was rated unacceptable the academic
12	12	performance standards under Section 39.053 or 39.054 for the school
13	13	progress domain under Section 39.053(c)(2), or any financial
14	14	accountability standard as determined by commissioner rule, or if
15	15	considered appropriate by the commissioner on the basis of a
16	16	special accreditation investigation under Section 39.057, the
17	17	commissioner shall take any of the following actions to the extent
18	18	the commissioner determines necessary:
19	19	(1) issue public notice of the deficiency to the board
20	20	of trustees;
21	21	(2) order a hearing conducted by the board of trustees
22	22	of the district for the purpose of notifying the public of the
23	23	insufficient performance, the improvements in performance expected
24	24	by the agency, and the interventions and sanctions that may be
25	25	imposed under this section if the performance does not improve;
26	26	(3) order the preparation of a student achievement
27	27	improvement plan that addresses the school progress indicators
28	28	under Section 39.053(c)(2) for which the district's performance is
29	29	insufficient, the submission of the plan to the commissioner for
30	30	approval, and implementation of the plan;
31	31	(4) order a hearing to be held before the commissioner
32	32	or the commissioner's designee at which the president of the board
33	33	of trustees of the district and the superintendent shall appear and
34	34	explain the district's low performance, lack of improvement, and
35	35	plans for improvement;
36	36	(5) arrange a monitoring review of the district;
37	37	(6) appoint an agency monitor to participate in and
38	38	report to the agency on the activities of the board of trustees or
39	39	the superintendent;
40	40	(7) appoint a conservator to oversee the operations of
41	41	the district;
42	42	(8) appoint a management team to direct the operations
43	43	of the district in areas of insufficient performance or require the
44	44	district to obtain certain services under a contract with another
45	45	person;
46	46	(9) if a district has a current accreditation status
47	47	of accredited-warned or accredited-probation, has received a
48	48	rating of unacceptable fails to satisfy any standard under Section
49	49	39.054(e) for the a school progress indicator domain under Section
50	50	39.053(c)(2) or fails to satisfy financial accountability
51	51	standards as determined by commissioner rule, appoint a board of
52	52	managers to exercise the powers and duties of the board of trustees;
53	53	or
54	54	(10) if for two consecutive school years, including
55	55	the current school year, a district has received an accreditation
56	56	status of accredited-warned or accredited-probation, has received
57	57	a rating of unacceptable under Section 39.054(e) for the school
58	58	progress domain under Section 39.053(c)(2), or has failed to
59	59	satisfy financial accountability standards as determined by
60	60	commissioner rule, revoke the district's accreditation and:
61	61	(A) order closure of the district and annex the
62	62	district to one or more adjoining districts under Section 13.054;
63	63	or
64	64	(B) in the case of a home-rule school district or
65	65	open-enrollment charter school, order closure of all programs
66	66	operated under the district's or school's charter.
67	67	SECTION 2. Section 39.103(a), Education Code, is amended to
68	68	read as follows:
69	69	(a) If a campus performance is below rated as unacceptable
70	70	under Section 39.054(e) for the school progress domain under
71	71	Section 39.053(c)(2), the commissioner shall take actions, to the
72	72	extent the commissioner determines necessary, as provided by this
73	73	subchapter.
74	74	SECTION 3. Section 39.105(a), Education Code, is amended to
75	75	read as follows:
76	76	(a) This section applies if a campus performance satisfies
77	77	performance standards under Section 39.054(e) for the indicators in
78	78	the school progress domain under Section 39.053(c)(2) for the
79	79	current school year but would not satisfy performance under Section
80	80	39.054(e) for the domain if the standards to be used for the
81	81	following school year were applied to the current school year. On
82	82	request of the commissioner, the campus-level committee
83	83	established under Section 11.251 shall revise and submit to the
84	84	commissioner in an electronic format the portions of the campus
85	85	improvement plan developed under Section 11.253 that are relevant
86	86	to those areas for which the campus would not satisfy performance
87	87	standards.
88	88	SECTION 4. Sections 39.106(a) and (e), Education Code, are
89	89	amended to read as follows:
90	90	(a) If a campus performance is rated as unacceptable under
91	91	Section 39.054(e) for the school progress domain under Section
92	92	39.053(c)(2), the commissioner shall assign a campus intervention
93	93	team. A campus intervention team shall:
94	94	(1) conduct, with the involvement and advice of the
95	95	school community partnership team, if applicable:
96	96	(A) a targeted on-site needs assessment relevant
97	97	to an area of insufficient performance of the campus as provided by
98	98	Subsection (b); or
99	99	(B) if the commissioner determines necessary, a
100	100	comprehensive on-site needs assessment, using the procedures
101	101	provided by Subsection (b);
102	102	(2) recommend appropriate actions as provided by
103	103	Subsection (c);
104	104	(3) assist in the development of a targeted
105	105	improvement plan;
106	106	(4) conduct a public meeting at the campus with the
107	107	campus principal, the members of the campus-level planning and
108	108	decision-making committee established under Section 11.251,
109	109	parents of students attending the campus, and community members
110	110	residing in the district to review the campus performance rating
111	111	and solicit input for the development of the targeted improvement
112	112	plan;
113	113	(5) assist the campus in submitting the targeted
114	114	improvement plan to the board of trustees for approval and
115	115	presenting the plan in a public hearing as provided by Subsection
116	116	(e-1); and
117	117	(6) assist the commissioner in monitoring the progress
118	118	of the campus in implementing the targeted improvement plan.
119	119	(e) For each year a campus is assigned an unacceptable
120	120	performance rating for the school progress domain under Section
121	121	39.053(c)(2), a campus intervention team shall:
122	122	(1) continue to work with a campus until:
123	123	(A) the campus is rated acceptable under Section
124	124	39.054(e) for the school progress domain under Section 39.053(c)(2)
125	125	for a two-year period; or
126	126	(B) the campus is rated acceptable under Section
127	127	39.054(e) for the school progress domain under Section 39.053(c)(2)
128	128	for a one-year period and the commissioner determines that the
129	129	campus is operating and will continue to operate in a manner that
130	130	improves student outcomes;
131	131	(2) assist in updating the targeted improvement plan
132	132	to identify and analyze areas of growth and areas that require
133	133	improvement; and
134	134	(3) submit each updated plan described by Subdivision
135	135	(2) to the board of trustees of the school district.
136	136	SECTION 5. Sections 39.107(a), (a-2), (b), (b-4), (d), (e),
137	137	(f), and (g-1), Education Code, are amended to read as follows:
138	138	(a) After a campus has been identified as unacceptable under
139	139	the school progress domain under Section 39.053(c)(2) for two
140	140	consecutive school years, the commissioner shall order the campus
141	141	to prepare and submit a campus turnaround plan. The commissioner
142	142	shall by rule establish procedures governing the time and manner in
143	143	which the campus must submit the campus turnaround plan.
144	144	(a-2) Before a campus turnaround plan is prepared and
145	145	submitted for approval to the board of trustees of the school
146	146	district, the district, in consultation with the campus
147	147	intervention team, shall:
148	148	(1) provide notice to parents, the community, and
149	149	stakeholders that the campus has received an unacceptable
150	150	performance rating under the school progress domain under Section
151	151	39.053(c)(2) for two consecutive years and will be required to
152	152	submit a campus turnaround plan; and
153	153	(2) request assistance from parents, the community,
154	154	and stakeholders in developing the campus turnaround plan.
155	155	(b) The school district, in consultation with the campus
156	156	intervention team, shall prepare the campus turnaround plan and
157	157	allow parents, the community, and stakeholders an opportunity to
158	158	review the plan before it is submitted for approval to the board of
159	159	trustees of the school district. The plan must include details on
160	160	the method for restructuring, reforming, or reconstituting the
161	161	campus. If the district determines that granting a district
162	162	charter under Section 12.0522 is appropriate for the campus, the
163	163	campus turnaround plan must provide information on the
164	164	implementation of the district charter. The plan must assist the
165	165	campus in implementing procedures to satisfy all the performance
166	166	standards required under Section 39.054(e) for the school progress
167	167	domain under Section 39.053(c)(2).
168	168	(b-4) A campus turnaround plan developed under this section
169	169	must take effect not later than the school year following the third
170	170	consecutive school year that the campus has received an
171	171	unacceptable performance rating for the school progress domain
172	172	under Section 39.053(c)(2).
173	173	(d) The commissioner may approve a campus turnaround plan
174	174	only if the commissioner determines that the campus will be rated as
175	175	acceptable under Section 39.054(e) for the school progress domain
176	176	under Section 39.053(c)(2), not later than the second year after
177	177	the campus receives a rating for the school progress domain under
178	178	Section 39.053(c)(2) following the implementation of the campus
179	179	turnaround plan. If the commissioner does not make this
180	180	determination, the commissioner shall order:
181	181	(1) appointment of a board of managers to govern the
182	182	district as provided by Section 39.112(b);
183	183	(2) alternative management of the campus under this
184	184	section; or
185	185	(3) closure of the campus.
186	186	(e) If a campus is rated as unacceptable in the school
187	187	progress domain under Section 39.053(c)(2) for three consecutive
188	188	school years after the campus is ordered to submit a campus
189	189	turnaround plan under Subsection (a), the commissioner, subject to
190	190	Subsection (e-2), shall order:
191	191	(1) appointment of a board of managers to govern the
192	192	district as provided by Section 39.112(b); or
193	193	(2) closure of the campus.
194	194	(f) Notwithstanding Section 39.112(e), the commissioner may
195	195	remove a board of managers appointed to govern a district under this
196	196	section only if the campus that was the basis for the appointment of
197	197	the board of managers receives an acceptable performance rating for
198	198	the school progress domain under Section 39.053(c)(2) for two
199	199	consecutive school years. If a campus that was the basis for the
200	200	appointment of a board of managers receives an unacceptable rating
201	201	for the school progress domain under Section 39.053(c)(2) for two
202	202	additional consecutive years following the appointment of the board
203	203	of managers, the commissioner may remove the board of managers and,
204	204	in consultation with the local community, may appoint a new board of
205	205	managers to govern the district.
206	206	(g-1) If the commissioner orders alternative management of
207	207	a campus under Subsection (d)(2), the school district shall execute
208	208	a contract with a managing entity for a term not to exceed five
209	209	years. The commissioner may require a district to extend the term
210	210	of the contract if the commissioner determines that extending the
211	211	contract on expiration of the initial term is in the best interest
212	212	of the students attending the campus. The terms of the contract
213	213	must be approved by the commissioner. If a campus receives an
214	214	unacceptable rating for the school progress domain under Section
215	215	39.053(c)(2) for two consecutive school years after the managing
216	216	entity assumes management of the campus, the commissioner shall
217	217	cancel the contract with the managing entity.
218	218	SECTION 6. Section 39.107, Education Code, is amended by
219	219	adding Subsections (b-10), (b-11), and (b-12) and amending
220	220	Subsections (c), (d), and (g-1) to read as follows:
221	221	(b-10) Not later than June 15 of each year, the commissioner
222	222	shall, in writing, either approve or reject any campus turnaround
223	223	plan prepared and submitted to the commissioner by a district. If
224	224	the commissioner rejects a campus turnaround plan, the commissioner
225	225	must also send the district an outline of the specific concerns
226	226	regarding the turnaround plan that resulted in the rejection.
227	227	(b-11) If the commissioner rejects a campus turnaround
228	228	plan, the district must create a modified plan with assistance from
229	229	agency staff and submit the modified plan to the commissioner for
230	230	approval not later than August 15. The commissioner shall notify
231	231	the district in writing of the commissioner's decision regarding
232	232	the modified plan not later than September 1.
233	233	(b-12) If the agency assists or offers assistance to a
234	234	district in modifying a campus turnaround plan following a
235	235	rejection under Subsection (b-10), the agency may not recommend or
236	236	require participation by the district in any of the following:
237	237	(1) general workshops for the board of trustees of the
238	238	district;
239	239	(2) the use of fidelity instruments as part of the
240	240	campus turnaround plan; or
241	241	(3) any other initiative that does not directly relate
242	242	to a concern raised in regard to the rejected campus turnaround plan
243	243	that was identified by the commissioner under Subsection (b-10).
244	244	(c) A campus subject to Subsection (a) shall implement the
245	245	updated targeted improvement plan as approved by the commissioner.
246	246	The commissioner may appoint a monitor, conservator, management
247	247	team, or board of managers to the district to ensure and oversee
248	248	district-level support to low-performing campuses and the
249	249	implementation of the updated targeted improvement plan. In making
250	250	appointments under this subsection, the commissioner shall
251	251	consider individuals who have demonstrated success in managing
252	252	campuses with student populations similar to the campus at which
253	253	the individual appointed will serve.
254	254	(d) The commissioner may approve a campus turnaround plan or
255	255	modified turnaround plan only if the commissioner determines that
256	256	the campus will satisfy all student performance standards required
257	257	under Section 39.054(e) not later than the second year the campus
258	258	receives a performance rating following the implementation of the
259	259	campus turnaround plan. If the commissioner does not make this
260	260	determination after reviewing a modified turnaround plan, the
261	261	commissioner shall order:
262	262	(1) appointment of a board of managers to govern the
263	263	district as provided by Section 39.112(b);
264	264	(2) alternative management of the campus under this
265	265	section; or
266	266	(2) (3) closure of the campus.
267	267	(g-1) If the commissioner orders alternative management of
268	268	a campus under Subsection (d)(1) (d)(2), the school district shall
269	269	execute a contract with a managing entity for a term not to exceed
270	270	five years. The commissioner may require a district to extend the
271	271	term of the contract if the commissioner determines that extending
272	272	the contract on expiration of the initial term is in the best
273	273	interest of the students attending the campus. The terms of the
274	274	contract must be approved by the commissioner. If a campus receives
275	275	an academically unacceptable performance rating for two
276	276	consecutive school years after the managing entity assumes
277	277	management of the campus, the commissioner shall cancel the
278	278	contract with the managing entity.
279	279	SECTION 7. This Act takes effect on September 1, 2017.