By: Huberty H.B. No. 3828
A BILL TO BE ENTITLED
AN ACT
relating to accreditation interventions and sanctions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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, was rated unacceptable the academic
performance standards under Section 39.053 or 39.054 for the school
progress domain under Section 39.053(c)(2), or any financial
accountability standard as determined by commissioner rule, or if
considered appropriate by the commissioner on the basis of a
special accreditation investigation under Section 39.057, 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 the school progress indicators
under Section 39.053(c)(2) 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 a monitoring review 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, has received a
rating of unacceptable fails to satisfy any standard under Section
39.054(e) for the a school progress indicator domain under Section
39.053(c)(2) 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;
or
(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 received
a rating of unacceptable under Section 39.054(e) for the school
progress domain under Section 39.053(c)(2), 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 home-rule school district or
open-enrollment charter school, order closure of all programs
operated under the district's or school's charter.
SECTION 2. Section 39.103(a), Education Code, is amended to
read as follows:
(a) If a campus performance is below rated as unacceptable
under Section 39.054(e) for the school progress domain under
Section 39.053(c)(2), the commissioner shall take actions, to the
extent the commissioner determines necessary, as provided by this
subchapter.
SECTION 3. Section 39.105(a), Education Code, is amended to
read as follows:
(a) This section applies if a campus performance satisfies
performance standards under Section 39.054(e) for the indicators in
the school progress domain under Section 39.053(c)(2) for the
current school year but would not satisfy performance under Section
39.054(e) for the domain if the standards to be used for the
following school year were applied to the current school year. On
request of the commissioner, the campus-level committee
established under Section 11.251 shall revise and submit to the
commissioner in an electronic format the portions of the campus
improvement plan developed under Section 11.253 that are relevant
to those areas for which the campus would not satisfy performance
standards.
SECTION 4. Sections 39.106(a) and (e), Education Code, are
amended to read as follows:
(a) If a campus performance is rated as unacceptable under
Section 39.054(e) for the school progress domain under Section
39.053(c)(2), the commissioner shall assign a campus intervention
team. A campus intervention team shall:
(1) conduct, with the involvement and advice of the
school community partnership team, if applicable:
(A) a targeted on-site needs assessment relevant
to an area of insufficient performance of the campus as provided by
Subsection (b); or
(B) if the commissioner determines necessary, a
comprehensive on-site needs assessment, using the procedures
provided by Subsection (b);
(2) recommend appropriate actions as provided by
Subsection (c);
(3) assist in the development of a targeted
improvement plan;
(4) conduct a public meeting at the campus with the
campus principal, the members of the campus-level planning and
decision-making committee established under Section 11.251,
parents of students attending the campus, and community members
residing in the district to review the campus performance rating
and solicit input for the development of the targeted improvement
plan;
(5) assist the campus in submitting the targeted
improvement plan to the board of trustees for approval and
presenting the plan in a public hearing as provided by Subsection
(e-1); and
(6) assist the commissioner in monitoring the progress
of the campus in implementing the targeted improvement plan.
(e) For each year a campus is assigned an unacceptable
performance rating for the school progress domain under Section
39.053(c)(2), a campus intervention team shall:
(1) continue to work with a campus until:
(A) the campus is rated acceptable under Section
39.054(e) for the school progress domain under Section 39.053(c)(2)
for a two-year period; or
(B) the campus is rated acceptable under Section
39.054(e) for the school progress domain under Section 39.053(c)(2)
for a one-year period and the commissioner determines that the
campus is operating and will continue to operate in a manner that
improves student outcomes;
(2) assist in updating the targeted improvement plan
to identify and analyze areas of growth and areas that require
improvement; and
(3) submit each updated plan described by Subdivision
(2) to the board of trustees of the school district.
SECTION 5. Sections 39.107(a), (a-2), (b), (b-4), (d), (e),
(f), and (g-1), Education Code, are amended to read as follows:
(a) After a campus has been identified as unacceptable under
the school progress domain under Section 39.053(c)(2) for two
consecutive school years, the commissioner shall order the campus
to prepare and submit a campus turnaround plan. The commissioner
shall by rule establish procedures governing the time and manner in
which the campus must submit the campus turnaround plan.
(a-2) Before a campus turnaround plan is prepared and
submitted for approval to the board of trustees of the school
district, the district, in consultation with the campus
intervention team, shall:
(1) provide notice to parents, the community, and
stakeholders that the campus has received an unacceptable
performance rating under the school progress domain under Section
39.053(c)(2) for two consecutive years and will be required to
submit a campus turnaround plan; and
(2) request assistance from parents, the community,
and stakeholders in developing the campus turnaround plan.
(b) The school district, in consultation with the campus
intervention team, shall prepare the campus turnaround plan and
allow parents, the community, and stakeholders an opportunity to
review the plan before it is submitted for approval to the board of
trustees of the school district. The plan must include details on
the method for restructuring, reforming, or reconstituting the
campus. If the district determines that granting a district
charter under Section 12.0522 is appropriate for the campus, the
campus turnaround plan must provide information on the
implementation of the district charter. The plan must assist the
campus in implementing procedures to satisfy all the performance
standards required under Section 39.054(e) for the school progress
domain under Section 39.053(c)(2).
(b-4) A campus turnaround plan developed under this section
must take effect not later than the school year following the third
consecutive school year that the campus has received an
unacceptable performance rating for the school progress domain
under Section 39.053(c)(2).
(d) The commissioner may approve a campus turnaround plan
only if the commissioner determines that the campus will be rated as
acceptable under Section 39.054(e) for the school progress domain
under Section 39.053(c)(2), not later than the second year after
the campus receives a rating for the school progress domain under
Section 39.053(c)(2) following the implementation of the campus
turnaround plan. If the commissioner does not make this
determination, the commissioner shall order:
(1) appointment of a board of managers to govern the
district as provided by Section 39.112(b);
(2) alternative management of the campus under this
section; or
(3) closure of the campus.
(e) If a campus is rated as unacceptable in the school
progress domain under Section 39.053(c)(2) for three consecutive
school years after the campus is ordered to submit a campus
turnaround plan under Subsection (a), the commissioner, subject to
Subsection (e-2), shall order:
(1) appointment of a board of managers to govern the
district as provided by Section 39.112(b); or
(2) closure of the campus.
(f) Notwithstanding Section 39.112(e), the commissioner may
remove a board of managers appointed to govern a district under this
section only if the campus that was the basis for the appointment of
the board of managers receives an acceptable performance rating for
the school progress domain under Section 39.053(c)(2) for two
consecutive school years. If a campus that was the basis for the
appointment of a board of managers receives an unacceptable rating
for the school progress domain under Section 39.053(c)(2) for two
additional consecutive years following the appointment of the board
of managers, the commissioner may remove the board of managers and,
in consultation with the local community, may appoint a new board of
managers to govern the district.
(g-1) If the commissioner orders alternative management of
a campus under Subsection (d)(2), the school district shall execute
a contract with a managing entity for a term not to exceed five
years. The commissioner may require a district to extend the term
of the contract if the commissioner determines that extending the
contract on expiration of the initial term is in the best interest
of the students attending the campus. The terms of the contract
must be approved by the commissioner. If a campus receives an
unacceptable rating for the school progress domain under Section
39.053(c)(2) for two consecutive school years after the managing
entity assumes management of the campus, the commissioner shall
cancel the contract with the managing entity.
SECTION 6. Section 39.107, Education Code, is amended by
adding Subsections (b-10), (b-11), and (b-12) and amending
Subsections (c), (d), and (g-1) to read as follows:
(b-10) Not later than June 15 of each year, the commissioner
shall, in writing, either approve or reject any campus turnaround
plan prepared and submitted to the commissioner by a district. If
the commissioner rejects a campus turnaround plan, the commissioner
must also send the district an outline of the specific concerns
regarding the turnaround plan that resulted in the rejection.
(b-11) If the commissioner rejects a campus turnaround
plan, the district must create a modified plan with assistance from
agency staff and submit the modified plan to the commissioner for
approval not later than August 15. The commissioner shall notify
the district in writing of the commissioner's decision regarding
the modified plan not later than September 1.
(b-12) If the agency assists or offers assistance to a
district in modifying a campus turnaround plan following a
rejection under Subsection (b-10), the agency may not recommend or
require participation by the district in any of the following:
(1) general workshops for the board of trustees of the
district;
(2) the use of fidelity instruments as part of the
campus turnaround plan; or
(3) any other initiative that does not directly relate
to a concern raised in regard to the rejected campus turnaround plan
that was identified by the commissioner under Subsection (b-10).
(c) A campus subject to Subsection (a) shall implement the
updated targeted improvement plan as approved by the commissioner.
The commissioner may appoint a monitor, conservator, management
team, or board of managers to the district to ensure and oversee
district-level support to low-performing campuses and the
implementation of the updated targeted improvement plan. In making
appointments under this subsection, the commissioner shall
consider individuals who have demonstrated success in managing
campuses with student populations similar to the campus at which
the individual appointed will serve.
(d) The commissioner may approve a campus turnaround plan or
modified turnaround plan only if the commissioner determines that
the campus will satisfy all student performance standards required
under Section 39.054(e) not later than the second year the campus
receives a performance rating following the implementation of the
campus turnaround plan. If the commissioner does not make this
determination after reviewing a modified turnaround plan, the
commissioner shall order:
(1) appointment of a board of managers to govern the
district as provided by Section 39.112(b);
(2) alternative management of the campus under this
section; or
(2) (3) closure of the campus.
(g-1) If the commissioner orders alternative management of
a campus under Subsection (d)(1) (d)(2), the school district shall
execute a contract with a managing entity for a term not to exceed
five years. The commissioner may require a district to extend the
term of the contract if the commissioner determines that extending
the contract on expiration of the initial term is in the best
interest of the students attending the campus. The terms of the
contract must be approved by the commissioner. If a campus receives
an academically unacceptable performance rating for two
consecutive school years after the managing entity assumes
management of the campus, the commissioner shall cancel the
contract with the managing entity.
SECTION 7. This Act takes effect on September 1, 2017.