Texas 2019 - 86th Regular

Texas House Bill HB2881 Latest Draft

Bill / Comm Sub Version Filed 04/25/2019

                            86R27715 CAE-D
 By: Bernal, Dutton, Meyer, Talarico H.B. No. 2881
 Substitute the following for H.B. No. 2881:
 By:  VanDeaver C.S.H.B. No. 2881


 A BILL TO BE ENTITLED
 AN ACT
 relating to establishing resource campuses to improve a public
 school campus not performing satisfactorily.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subtitle H, Title 2, Education Code, is amended
 by adding Chapter 39B to read as follows:
 CHAPTER 39B. RESOURCE CAMPUS
 SUBCHAPTER A. DESIGNATION AS RESOURCE CAMPUS
 Sec. 39B.001.  RESOURCE CAMPUS. (a) A school district
 campus that is eligible under Subsection (b) may apply to the
 commissioner to be designated as a resource campus that provides
 quality education and enrichment for campus students.
 (b)  To apply to be designated as a resource campus under
 this chapter the campus must have received an overall performance
 rating under Section 39.054 of F for four years over a 10-year
 period of time.
 (c)  A campus approved by the commissioner as a resource
 campus under this chapter:
 (1)  is exempt from the interventions and sanctions
 provided by Chapter 39A; and
 (2)  qualifies for funding as provided by Section
 42.2511.
 Sec. 39B.002.  CAMPUS EVALUATION TEAM AND NEEDS ASSESSMENT.
 Before a campus submits to the commissioner an application to be
 designated as a resource campus, the campus must:
 (1)  form a campus evaluation team that includes:
 (A)  the district superintendent;
 (B)  classroom teachers;
 (C)  a community member;
 (D)  a parent or guardian of a student enrolled at
 the campus during any period for which the campus received the F
 overall performance rating; and
 (E)  an educator other than a classroom teacher;
 and
 (2)  complete an on-site needs assessment as required
 by Section 39A.053, which must include:
 (A)  a summary of the extent and quality of
 mentoring and social supports in place for all students and a
 detailed identification of the need for mentoring and support for
 students identified as being at a higher risk of needing additional
 support; and
 (B)  an identification of the community services
 and programs active at the campus and information about the
 frequency of use by students and educators of the services and
 programs and the length of time the services and programs have
 operated at the campus.
 Sec. 39B.003.  PUBLIC MEETING. After a campus submits an
 application to be designated as a resource campus, the campus must
 conduct a public meeting to review the campus overall performance
 rating and solicit input for the development of the targeted
 improvement plan required under Section 39A.055. The meeting must
 include participation by:
 (1)  the principal;
 (2)  members of the campus-level planning and
 decision-making committee established under Section 11.251;
 (3)  parents of students attending the campus; and
 (4)  community members who reside in the school
 district.
 Sec. 39B.004.  RECOMMENDATION OF CAMPUS EVALUATION TEAM.
 The campus evaluation team shall:
 (1)  determine if the campus would benefit from
 designation as a resource campus; and
 (2)  provide recommendations on policies the campus
 must adopt to meet the resource campus program requirements.
 Sec. 39B.005.  DECISION OF COMMISSIONER. (a) The
 commissioner shall notify a campus if it has been designated as a
 resource campus not later than the 60th day after the date the
 commissioner receives the request for the designation.
 (b)  To allow a resource campus an opportunity to prepare to
 operate as provided by this chapter, including the hiring and
 training of educators, the campus begins the school year as a
 resource campus as provided by this chapter during the second
 school year that begins after approval of the designation by the
 commissioner.
 (c)  A decision by the commissioner regarding whether to
 designate a campus as a resource campus is final and may not be
 appealed.
 SUBCHAPTER B. CAMPUS STAFF
 Sec. 39B.051.  PRINCIPAL. (a) The principal of a resource
 campus must demonstrate effectiveness in working with high-need
 campuses.
 (b)  The person who was principal of the campus before the
 campus was designated as a resource campus may apply to continue as
 principal of the resource campus if the person has the minimum
 experience required by Subsection (c)(1).
 (c)  A principal of a resource campus must:
 (1)  have at least three years of experience as an
 administrator;
 (2)  demonstrate a history of:
 (A)  developing a plan for campus improvement; and
 (B)  consistently and proactively facilitating
 professional learning communities in implementing and designing
 rigorous and standards-aligned curriculum;
 (3)  demonstrate an ability to mentor, support, and
 retain high-quality faculty and staff; and
 (4)  demonstrate organizational skills and the ability
 to manage the campus and personal time to accomplish campus goals.
 (d)  The principal at a resource campus shall:
 (1)  establish protocols to ensure achievement of
 campus goals and targets and continuously analyze any available
 data to monitor, evaluate, and refine the goals and targets;
 (2)  develop collective instructional practices that
 are consistent with child development, effective pedagogy, and the
 needs of each student;
 (3)  implement and oversee a system of monitoring
 research-based instructional strategies in every classroom;
 (4)  provide educators at the campus with timely,
 relevant, and constructive feedback;
 (5)  provide multiple sources of progress monitoring
 for teachers to ensure that students are consistently improving;
 (6)  collaborate with all campus educators and use
 multiple measures and data from multiple points of the school year
 to complete accurate appraisals of all educators, including
 evidence from observations and formal and informal interactions;
 (7)  set specific goals for each educator at the campus
 and actively track the educator's progress;
 (8)  use all campus funds in compliance with state and
 federal guidelines and maximize the goals of the campus; and
 (9)  implement effective strategies to systematically
 gather input and communication from all campus and community
 stakeholders to ensure that all are an integral part of the campus
 culture.
 Sec. 39B.052.  TEACHERS. (a) A teacher at a resource campus
 must have at least three years of teaching experience. The
 principal, after consultation with district administration, has
 sole discretion over the hiring of teachers.
 (b)  After a campus receives designation as a resource
 campus, every teacher employed at the campus before the designation
 must apply for a position to continue as a teacher at the campus.
 (c)  All rights and protections afforded by current
 employment contracts or agreements are not affected by the resource
 campus program.
 (d)  To apply for employment at a resource campus a teacher
 must:
 (1)  be rated as accomplished or above on an annual
 evaluation, which must account for at least 50 percent of the
 qualifications required and have been completed during the most
 recent school year;
 (2)  demonstrate instructional effectiveness, which
 must account for at least 10 percent of the qualifications required
 and be based on the following:
 (A)  a teacher for prekindergarten through second
 grade must include evidence of students reaching learning
 objectives through age-appropriate evaluations;
 (B)  a teacher for grades three through five must
 include evidence of:
 (i)  students reaching learning objectives
 through age-appropriate evaluations;
 (ii)  positive achievement and progress on
 quantitative assessments adopted by the district or the state;
 (iii)  if an assessment is not available for
 a subject, the use of related adopted assessments as well as a
 portfolio of results of teacher-developed curriculum-based
 assessments; and
 (iv)  effectiveness with high-need
 students; and
 (C)  a teacher for grades six through 12 must
 include evidence of:
 (i)  students reaching learning objectives
 through age-appropriate evaluations;
 (ii)  positive achievement and progress on
 quantitative assessments adopted by the district or state;
 (iii)  if an assessment is not available for
 a subject, the use of related adopted assessments as well as a
 portfolio of results of teacher-developed curriculum-based
 assessments; and
 (iv)  effectiveness with high-need
 students; and
 (3)  if available, have received positive student and
 parent experience surveys developed and approved by the district,
 which must account for at least 15 percent of the qualifications
 required.
 Sec. 39B.053.  SCHOOL COUNSELORS. (a) A resource campus
 must employ at least one school counselor for every 300 students.
 (b)  The school counselor shall implement a positive
 behavior program as provided by Section 37.0013.
 Sec. 39B.054.  SOCIAL SERVICES PROFESSIONAL. A resource
 campus must employ at least one appropriately licensed professional
 to assist with the social and emotional needs of students and staff.
 The person must be a:
 (1)  family and community liaison;
 (2)  clinical social worker;
 (3)  specialist in school psychology; or
 (4)  professional counselor.
 SUBCHAPTER C. OPERATION OF CAMPUS
 Sec. 39B.101.  EXEMPTION FROM ACCOUNTABILITY INTERVENTIONS
 AND SANCTIONS. The commissioner may not impose a sanction or take
 action against a resource campus under Section 39A.111 for failure
 to satisfy academic performance standards during the first two
 school years of operation as a resource campus.  The overall
 performance rating received by the campus during the first two
 school years of operation as a resource campus is not included in
 calculating consecutive school years and is not considered a break
 in consecutive school years under Section 39A.111.
 Sec. 39B.102.  ANNUAL APPRAISAL. (a) All educators,
 including the principal, must be evaluated on an annual basis by an
 appropriate supervisor.
 (b)  In a manner consistent with Chapter 21, the principal
 may remove an educator if the educator falls below an accomplished
 rating in one or more categories.
 Sec. 39B.103.  LOCAL EVALUATION SYSTEM. (a) If a resource
 campus does not use a state evaluation program, the campus must
 develop an appraisal system that is supported by locally adopted
 policy and procedures and complies with Section 21.352.
 (b)  The district-level planning and decision-making
 committee established under Section 11.251 shall develop an
 appraisal process and evaluation criteria for all educators,
 including discipline management and the performance of an
 educator's students.
 (c)  The appraisal process must include:
 (1)  a conference between the educator and the
 appraiser that is diagnostic and prescriptive with regard to
 remediation needed in overall performance by category; and
 (2)  criteria based on observable, job-related
 behavior, including:
 (A)  the educator's implementation of classroom
 management procedures; and
 (B)  the performance of any students assigned to
 the educator.
 (d)  The district-level planning and decision-making
 committee shall submit the appraisal process and criteria to the
 superintendent, who shall submit the appraisal process and criteria
 to the board of trustees of the district with a recommendation to
 accept or reject.
 (e)  The board of trustees may accept or reject an appraisal
 process and performance criteria, with comments, but may not modify
 the process or criteria.
 Sec. 39B.104.  CAMPUS SALARIES; SCHOOL DAY; CLASS SIZE. (a)
 Educators at a resource campus must receive a salary higher than the
 district average.
 (b)  The school day at a resource campus must be longer than
 the school day at a similar campus in the district that is not
 designated as a resource campus.
 (c)  Class size at a resource campus may not exceed 22
 students for every one teacher.
 (d)  Every classroom at a resource campus must have advanced
 technology programs and applications.
 Sec. 39B.105.  USE OF ADDITIONAL FUNDING. (a) A portion of
 any additional funding received by the school district under
 Section 42.2511 and attributable to the resource campus must be
 used to provide higher salaries for all educators at the resource
 campus as required by Section 39B.104(a). The district shall make
 every effort to provide each educator with a significant salary
 increase. The increased salary provided under this subchapter is a
 supplement to the educator's salary and may not supplant any other
 increase for which the educator is eligible.
 (b)  A portion of any additional funding received by the
 school district under Section 42.2511 and attributable to the
 resource campus:
 (1)  must be used to provide additional technology in
 every classroom at the resource campus; and
 (2)  may be used for any needed resource campus
 facility improvements.
 SUBCHAPTER D.  RULES; AGENCY ASSISTANCE
 Sec. 39B.151.  COMMISSIONER RULES. The commissioner may
 adopt rules necessary to implement this chapter.
 Sec. 39B.152.  AGENCY ASSISTANCE. On the request of a
 school district, the agency shall assist the district in:
 (1)  applying for designation of a district campus as a
 resource campus; and
 (2)  developing and implementing a plan to operate a
 district campus as a resource campus.
 SECTION 2.  Section 42.2511(a), Education Code, is amended
 to read as follows:
 (a)  This section applies only to:
 (1)  a school district and an open-enrollment charter
 school that enter into a contract to operate a district campus as
 provided by Section 11.174; [and]
 (2)  a charter granted by a school district for a
 program operated by an entity that has entered into a contract under
 Section 11.174, provided that the district does not appoint a
 majority of the governing body of the charter holder; and
 (3)  a school district that operates a resource campus
 as provided by Chapter 39B.
 SECTION 3.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2019.