Texas 2019 - 86th Regular

Texas House Bill HB2881 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	86R27715 CAE-D
2		-	By: Bernal, Dutton, Meyer, Talarico H.B. No. 2881
3		-	Substitute the following for H.B. No. 2881:
4		-	By: VanDeaver C.S.H.B. No. 2881
	1	+	86R8554 CAE-D
	2	+	By: Bernal H.B. No. 2881
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to establishing resource campuses to improve a public
10	8		school campus not performing satisfactorily.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subtitle H, Title 2, Education Code, is amended
13	11		by adding Chapter 39B to read as follows:
14	12		CHAPTER 39B. RESOURCE CAMPUS
15	13		SUBCHAPTER A. DESIGNATION AS RESOURCE CAMPUS
16	14		Sec. 39B.001. RESOURCE CAMPUS. (a) A school district
17	15		campus that is eligible under Subsection (b) may apply to the
18	16		commissioner to be designated as a resource campus that provides
19	17		quality education and enrichment for campus students.
20	18		(b) To apply to be designated as a resource campus under
21	19		this chapter the campus must have received an overall performance
22		-	rating under Section 39.054 of F for ~~four~~ years ~~over a 10-year~~
23		-	~~period of time~~.
	20	+	rating under Section 39.054 of F for two consecutive years or D for
	21	+	three consecutive years.
24	22		(c) A campus approved by the commissioner as a resource
25	23		campus under this chapter:
26	24		(1) is exempt from the interventions and sanctions
27	25		provided by Chapter 39A; and
28	26		(2) qualifies for funding as provided by Section
29	27		42.2511.
30	28		Sec. 39B.002. CAMPUS EVALUATION TEAM AND NEEDS ASSESSMENT.
31	29		Before a campus submits to the commissioner an application to be
32	30		designated as a resource campus, the campus must:
33	31		(1) form a campus evaluation team that includes:
34	32		(A) the district superintendent;
35	33		(B) classroom teachers;
36	34		(C) a community member;
37	35		(D) a parent or guardian of a student enrolled at
38		-	the campus during ~~any~~ period for which the campus received the F
39		-	overall performance rating; and
	36	+	the campus during the period for which the campus received the D or
	37	+	F overall performance rating; and
40	38		(E) an educator other than a classroom teacher;
41	39		and
42	40		(2) complete an on-site needs assessment as required
43	41		by Section 39A.053, which must include:
44	42		(A) a summary of the extent and quality of
45	43		mentoring and social supports in place for all students and a
46	44		detailed identification of the need for mentoring and support for
47	45		students identified as being at a higher risk of needing additional
48	46		support; and
49	47		(B) an identification of the community services
50	48		and programs active at the campus and information about the
51	49		frequency of use by students and educators of the services and
52	50		programs and the length of time the services and programs have
53	51		operated at the campus.
54		-	Sec. 39B.003. PUBLIC MEETING. ~~After~~ a campus submits an
	52	+	Sec. 39B.003. PUBLIC MEETING. Before a campus submits an
55	53		application to be designated as a resource campus, the campus must
56	54		conduct a public meeting to review the campus overall performance
57	55		rating and solicit input for the development of the targeted
58	56		improvement plan required under Section 39A.055. The meeting must
59	57		include participation by:
60	58		(1) the principal;
61	59		(2) members of the campus-level planning and
62	60		decision-making committee established under Section 11.251;
63	61		(3) parents of students attending the campus; and
64	62		(4) community members who reside in the school
65	63		district.
66	64		Sec. 39B.004. RECOMMENDATION OF CAMPUS EVALUATION TEAM.
67	65		The campus evaluation team shall:
68	66		(1) determine if the campus would benefit from
69	67		designation as a resource campus; and
70	68		(2) provide recommendations on policies the campus
71	69		must adopt to meet the resource campus program requirements.
72	70		Sec. 39B.005. DECISION OF COMMISSIONER. (a) The
73	71		commissioner shall notify a campus if it has been designated as a
74	72		resource campus not later than the 60th day after the date the
75	73		commissioner receives the request for the designation.
76	74		(b) To allow a resource campus an opportunity to prepare to
77	75		operate as provided by this chapter, including the hiring and
78	76		training of educators, the campus begins the school year as a
79	77		resource campus as provided by this chapter during the second
80	78		school year that begins after approval of the designation by the
81	79		commissioner.
82	80		(c) A decision by the commissioner regarding whether to
83	81		designate a campus as a resource campus is final and may not be
84	82		appealed.
85	83		SUBCHAPTER B. CAMPUS STAFF
86	84		Sec. 39B.051. PRINCIPAL. (a) The principal of a resource
87	85		campus must demonstrate effectiveness in working with high-need
88	86		campuses.
89	87		(b) The person who was principal of the campus before the
90	88		campus was designated as a resource campus may apply to continue as
91	89		principal of the resource campus if the person has the minimum
92	90		experience required by Subsection (c)(1).
93	91		(c) A principal of a resource campus must:
94	92		(1) have at least three years of experience as an
95	93		administrator;
96	94		(2) demonstrate a history of:
97	95		(A) developing a plan for campus improvement; and
98	96		(B) consistently and proactively facilitating
99	97		professional learning communities in implementing and designing
100	98		rigorous and standards-aligned curriculum;
101	99		(3) demonstrate an ability to mentor, support, and
102	100		retain high-quality faculty and staff; and
103	101		(4) demonstrate organizational skills and the ability
104	102		to manage the campus and personal time to accomplish campus goals.
105	103		(d) The principal at a resource campus shall:
106	104		(1) establish protocols to ensure achievement of
107	105		campus goals and targets and continuously analyze any available
108	106		data to monitor, evaluate, and refine the goals and targets;
109	107		(2) develop collective instructional practices that
110	108		are consistent with child development, effective pedagogy, and the
111	109		needs of each student;
112	110		(3) implement and oversee a system of monitoring
113	111		research-based instructional strategies in every classroom;
114	112		(4) provide educators at the campus with timely,
115	113		relevant, and constructive feedback;
116	114		(5) provide multiple sources of progress monitoring
117	115		for teachers to ensure that students are consistently improving;
118	116		(6) collaborate with all campus educators and use
119	117		multiple measures and data from multiple points of the school year
120	118		to complete accurate appraisals of all educators, including
121	119		evidence from observations and formal and informal interactions;
122	120		(7) set specific goals for each educator at the campus
123	121		and actively track the educator's progress;
124	122		(8) use all campus funds in compliance with state and
125	123		federal guidelines and maximize the goals of the campus; and
126	124		(9) implement effective strategies to systematically
127	125		gather input and communication from all campus and community
128	126		stakeholders to ensure that all are an integral part of the campus
129	127		culture.
130	128		Sec. 39B.052. TEACHERS. (a) A teacher at a resource campus
131	129		must have at least three years of teaching experience. The
132	130		principal, after consultation with district administration, has
133	131		sole discretion over the hiring of teachers.
134	132		(b) After a campus receives designation as a resource
135	133		campus, every teacher employed at the campus before the designation
136	134		must apply for a position to continue as a teacher at the campus.
137	135		(c) All rights and protections afforded by current
138	136		employment contracts or agreements are not affected by the resource
139	137		campus program.
140	138		(d) To apply for employment at a resource campus a teacher
141	139		must:
142	140		(1) be rated as accomplished or above on an annual
143	141		evaluation, which must account for at least 50 percent of the
144		-	~~qualifications required~~ and have been completed during the most
145		-	~~recent~~ school year;
	142	+	teacher's evaluation and have been completed during the most recent
	143	+	school year; and
146	144		(2) demonstrate instructional effectiveness, which
147	145		must account for at least 10 percent of the qualifications required
148	146		and be based on the following:
149	147		(A) a teacher for prekindergarten through second
150	148		grade must include evidence of students reaching learning
151	149		objectives through age-appropriate evaluations;
152	150		(B) a teacher for grades three through five must
153	151		include evidence of:
154	152		(i) students reaching learning objectives
155	153		through age-appropriate evaluations;
156	154		(ii) positive achievement and progress on
157	155		quantitative assessments adopted by the district or the state;
158	156		(iii) if an assessment is not available for
159	157		a subject, the use of related adopted assessments as well as a
160	158		portfolio of results of teacher-developed curriculum-based
161	159		assessments; and
162	160		(iv) effectiveness with high-need
163	161		students; and
164	162		(C) a teacher for grades six through 12 must
165	163		include evidence of:
166	164		(i) students reaching learning objectives
167	165		through age-appropriate evaluations;
168	166		(ii) positive achievement and progress on
169	167		quantitative assessments adopted by the district or state;
170		-	(iii) if an assessment is not available for
171		-	a subject, the use of related adopted assessments as well as a
	168	+	(iii) positive student and parent
	169	+	experience surveys, which must be developed and approved by the
	170	+	district;
	171	+	(iv) if an assessment is not available for a
	172	+	subject, the use of related adopted assessments as well as a
172	173		portfolio of results of teacher-developed curriculum-based
173	174		assessments; and
174		-	(iv) effectiveness with high-need
175		-	students; and
176		-	(3) if available, have received positive student and
177		-	parent experience surveys developed and approved by the district,
178		-	which must account for at least 15 percent of the qualifications
179		-	required.
	175	+	(v) effectiveness with high-need students.
180	176		Sec. 39B.053. SCHOOL COUNSELORS. (a) A resource campus
181	177		must employ at least one school counselor for every 300 students.
182	178		(b) The school counselor shall implement a positive
183	179		behavior program as provided by Section 37.0013.
184	180		Sec. 39B.054. SOCIAL SERVICES PROFESSIONAL. A resource
185	181		campus must employ at least one appropriately licensed professional
186	182		to assist with the social and emotional needs of students and staff.
187	183		The person must be a:
188	184		(1) family and community liaison;
189	185		(2) clinical social worker;
190	186		(3) specialist in school psychology; or
191	187		(4) professional counselor.
192	188		SUBCHAPTER C. OPERATION OF CAMPUS
193	189		Sec. 39B.101. EXEMPTION FROM ACCOUNTABILITY INTERVENTIONS
194	190		AND SANCTIONS. The commissioner may not impose a sanction or take
195	191		action against a resource campus under Section 39A.111 for failure
196	192		to satisfy academic performance standards during the first two
197	193		school years of operation as a resource campus. The overall
198	194		performance rating received by the campus during the first two
199	195		school years of operation as a resource campus is not included in
200	196		calculating consecutive school years and is not considered a break
201	197		in consecutive school years under Section 39A.111.
202	198		Sec. 39B.102. ANNUAL APPRAISAL. (a) All educators,
203	199		including the principal, must be evaluated on an annual basis by an
204	200		appropriate supervisor.
205	201		(b) In a manner consistent with Chapter 21, the principal
206	202		may remove an educator if the educator falls below an accomplished
207	203		rating in one or more categories.
208	204		Sec. 39B.103. LOCAL EVALUATION SYSTEM. (a) If a resource
209	205		campus does not use a state evaluation program, the campus must
210	206		develop an appraisal system that is supported by locally adopted
211	207		policy and procedures and complies with Section 21.352.
212	208		(b) The district-level planning and decision-making
213	209		committee established under Section 11.251 shall develop an
214	210		appraisal process and evaluation criteria for all educators,
215	211		including discipline management and the performance of an
216	212		educator's students.
217	213		(c) The appraisal process must include:
218	214		(1) a conference between the educator and the
219	215		appraiser that is diagnostic and prescriptive with regard to
220	216		remediation needed in overall performance by category; and
221	217		(2) criteria based on observable, job-related
222	218		behavior, including:
223	219		(A) the educator's implementation of classroom
224	220		management procedures; and
225	221		(B) the performance of any students assigned to
226	222		the educator.
227	223		(d) The district-level planning and decision-making
228	224		committee shall submit the appraisal process and criteria to the
229	225		superintendent, who shall submit the appraisal process and criteria
230	226		to the board of trustees of the district with a recommendation to
231	227		accept or reject.
232	228		(e) The board of trustees may accept or reject an appraisal
233	229		process and performance criteria, with comments, but may not modify
234	230		the process or criteria.
235	231		Sec. 39B.104. CAMPUS SALARIES; SCHOOL DAY; CLASS SIZE. (a)
236	232		Educators at a resource campus must receive a salary higher than the
237	233		district average.
238	234		(b) The school day at a resource campus must be longer than
239	235		the school day at a similar campus in the district that is not
240	236		designated as a resource campus.
241		-	(c) Class size at a resource campus may not exceed 22
242		-	~~students~~ for every ~~one teacher~~.
	237	+	(c) Class size at a resource campus may not exceed one
	238	+	teacher for every 22 students.
243	239		(d) Every classroom at a resource campus must have advanced
244	240		technology programs and applications.
245	241		Sec. 39B.105. USE OF ADDITIONAL FUNDING. (a) A portion of
246	242		any additional funding received by the school district under
247	243		Section 42.2511 and attributable to the resource campus must be
248	244		used to provide higher salaries for all educators at the resource
249	245		campus as required by Section 39B.104(a). The district shall make
250	246		every effort to provide each educator with a significant salary
251	247		increase. The increased salary provided under this subchapter is a
252	248		supplement to the educator's salary and may not supplant any other
253	249		increase for which the educator is eligible.
254	250		(b) A portion of any additional funding received by the
255	251		school district under Section 42.2511 and attributable to the
256	252		resource campus:
257	253		(1) must be used to provide additional technology in
258	254		every classroom at the resource campus; and
259	255		(2) may be used for any needed resource campus
260	256		facility improvements.
261		-	SUBCHAPTER D. RULES~~; AGENCY ASSISTANCE~~
	257	+	SUBCHAPTER D. RULES
262	258		Sec. 39B.151. COMMISSIONER RULES. The commissioner may
263	259		adopt rules necessary to implement this chapter.
264		-	Sec. 39B.152. AGENCY ASSISTANCE. On the request of a
265		-	school district, the agency shall assist the district in:
266		-	(1) applying for designation of a district campus as a
267		-	resource campus; and
268		-	(2) developing and implementing a plan to operate a
269		-	district campus as a resource campus.
270	260		SECTION 2. Section 42.2511(a), Education Code, is amended
271	261		to read as follows:
272	262		(a) This section applies only to:
273	263		(1) a school district and an open-enrollment charter
274	264		school that enter into a contract to operate a district campus as
275	265		provided by Section 11.174; [and]
276	266		(2) a charter granted by a school district for a
277	267		program operated by an entity that has entered into a contract under
278	268		Section 11.174, provided that the district does not appoint a
279	269		majority of the governing body of the charter holder; and
280	270		(3) a school district that operates a resource campus
281	271		as provided by Chapter 39B.
282	272		SECTION 3. This Act takes effect immediately if it receives
283	273		a vote of two-thirds of all the members elected to each house, as
284	274		provided by Section 39, Article III, Texas Constitution. If this
285	275		Act does not receive the vote necessary for immediate effect, this
286	276		Act takes effect September 1, 2019.