Texas 2019 - 86th Regular

Texas Senate Bill SB2265 Compare Versions

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11 86R9582 SRS-D
22 By: Taylor S.B. No. 2265
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the assignment of performance ratings to school
88 districts and school district campuses.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Sections 8.051(b) and (d), Education Code, are
1111 amended to read as follows:
1212 (b) Each regional education service center shall annually
1313 develop and submit to the commissioner for approval a plan for
1414 improvement. Each plan must include the purposes and description of
1515 the services the center will provide to:
1616 (1) campuses assigned a [an unacceptable] performance
1717 rating of F under Section 39.054;
1818 (2) the lowest-performing campuses in the region; and
1919 (3) other campuses.
2020 (d) Each regional education service center shall maintain
2121 core services for purchase by school districts and campuses. The
2222 core services are:
2323 (1) training and assistance in:
2424 (A) teaching each subject area assessed under
2525 Section 39.023; and
2626 (B) providing instruction in personal financial
2727 literacy as required under Section 28.0021;
2828 (2) training and assistance in providing each program
2929 that qualifies for a funding allotment under Section 42.151,
3030 42.152, 42.153, or 42.156;
3131 (3) assistance specifically designed for a school
3232 district or campus assigned a [an unacceptable] performance rating
3333 of F under Section 39.054;
3434 (4) training and assistance to teachers,
3535 administrators, members of district boards of trustees, and members
3636 of site-based decision-making committees;
3737 (5) assistance specifically designed for a school
3838 district that is considered out of compliance with state or federal
3939 special education requirements, based on the agency's most recent
4040 compliance review of the district's special education programs; and
4141 (6) assistance in complying with state laws and rules.
4242 SECTION 2. Sections 11.174(b) and (f), Education Code, are
4343 amended to read as follows:
4444 (b) The board of trustees of a school district may enter
4545 into a contract as provided by Subsection (a) only if:
4646 (1) the charter of the open-enrollment charter school
4747 has not been previously revoked;
4848 (2) for the three school years preceding the school
4949 year of the proposed operation of the district campus as described
5050 by Subsection (a), the open-enrollment charter school has received:
5151 (A) an overall performance rating of C
5252 [acceptable] or higher under Subchapter C, Chapter 39; and
5353 (B) a financial accountability rating under
5454 Subchapter D, Chapter 39, indicating financial performance of
5555 satisfactory or higher; or
5656 (3) the entity considered for a district-authorized
5757 charter has not previously operated an open-enrollment charter
5858 school in which the charter expired or was revoked or surrendered.
5959 (f) This subsection applies only to a district campus
6060 subject to a contract described by Subsection (a) that received an
6161 overall performance rating of F [unacceptable] under Subchapter C,
6262 Chapter 39, for the school year before operation of the district
6363 campus under the contract began. The commissioner may not impose a
6464 sanction or take action against the campus under Section 39A.101 or
6565 39A.111 [39.107(a) or (e)] for failure to satisfy academic
6666 performance standards during the first two school years of
6767 operation of a district campus under Subsection (a). The overall
6868 performance rating received by the campus during those first two
6969 school years is not included in calculating consecutive school
7070 years and is not considered a break in consecutive school years
7171 under Section 39A.101 or 39A.111 [39.107(a) or (e)].
7272 SECTION 3. Section 12.1054(a), Education Code, is amended
7373 to read as follows:
7474 (a) A member of the governing body of a charter holder, a
7575 member of the governing body of an open-enrollment charter school,
7676 or an officer of an open-enrollment charter school is considered to
7777 be a local public official for purposes of Chapter 171, Local
7878 Government Code. For purposes of that chapter:
7979 (1) a member of the governing body of a charter holder
8080 or a member of the governing body or officer of an open-enrollment
8181 charter school is considered to have a substantial interest in a
8282 business entity if a person related to the member or officer in the
8383 third degree by consanguinity or affinity, as determined under
8484 Chapter 573, Government Code, has a substantial interest in the
8585 business entity under Section 171.002, Local Government Code; and
8686 (2) notwithstanding any provision of Subdivision (1)
8787 [Section 12.1054(1)], an employee of an open-enrollment charter
8888 school that was assigned a performance rating of C [rated
8989 acceptable] or higher under Section 39.054 for at least two of the
9090 preceding three school years may serve as a member of the governing
9191 body of the charter holder of the governing body of the school if
9292 the employees do not constitute a quorum of the governing body or
9393 any committee of the governing body; however, all members shall
9494 comply with the requirements of Sections 171.003-171.007, Local
9595 Government Code.
9696 SECTION 4. Section 12.106(e), Education Code, is amended to
9797 read as follows:
9898 (e) A charter holder is entitled to receive funding under
9999 Subsection (d) only if the most recent overall performance rating
100100 assigned to the open-enrollment charter school under Subchapter C,
101101 Chapter 39, was a C or higher [reflects at least acceptable
102102 performance]. This subsection does not apply to a charter holder
103103 that operates a school program located at a day treatment facility,
104104 residential treatment facility, psychiatric hospital, or medical
105105 hospital.
106106 SECTION 5. Section 12.110(e), Education Code, is amended to
107107 read as follows:
108108 (e) The commissioner shall give priority to applications
109109 that propose an open-enrollment charter school campus to be located
110110 in the attendance zone of a school district campus assigned a [an
111111 unacceptable] performance rating of F under Section 39.054 for the
112112 two preceding school years.
113113 SECTION 6. Section 12.115(c), Education Code, is amended to
114114 read as follows:
115115 (c) The commissioner shall revoke the charter of an
116116 open-enrollment charter school if:
117117 (1) the charter holder has been assigned a [an
118118 unacceptable] performance rating of F under Subchapter C, Chapter
119119 39, for the three preceding school years;
120120 (2) the charter holder has been assigned a financial
121121 accountability performance rating under Subchapter D, Chapter 39,
122122 indicating financial performance lower than satisfactory for the
123123 three preceding school years; or
124124 (3) the charter holder has been assigned any
125125 combination of the ratings described by Subdivision (1) or (2) for
126126 the three preceding school years.
127127 SECTION 7. Section 12A.001(b), Education Code, is amended
128128 to read as follows:
129129 (b) A school district is eligible for designation as a
130130 district of innovation only if the district's most recent
131131 performance rating under Section 39.054 was a C or higher [reflects
132132 at least acceptable performance].
133133 SECTION 8. Sections 12A.008(a) and (c), Education Code, are
134134 amended to read as follows:
135135 (a) The commissioner may terminate a district's designation
136136 as a district of innovation if the district receives for two
137137 consecutive school years:
138138 (1) an [unacceptable] academic performance rating of F
139139 under Section 39.054;
140140 (2) an unacceptable financial accountability rating
141141 under Section 39.082; or
142142 (3) an [unacceptable] academic performance rating of F
143143 under Section 39.054 for one of the school years and an unacceptable
144144 financial accountability rating under Section 39.082 for the other
145145 school year.
146146 (c) The commissioner shall terminate a district's
147147 designation as a district of innovation if the district receives
148148 for three consecutive school years:
149149 (1) an [unacceptable] academic performance rating of F
150150 under Section 39.054;
151151 (2) an unacceptable financial accountability rating
152152 under Section 39.082; or
153153 (3) any combination of one or more [unacceptable]
154154 ratings of F under Subdivision (1) and one or more unacceptable
155155 ratings under Subdivision (2).
156156 SECTION 9. The heading to Section 13.054, Education Code,
157157 is amended to read as follows:
158158 Sec. 13.054. [ACADEMICALLY UNACCEPTABLE] SCHOOL DISTRICTS
159159 ASSIGNED ACADEMIC PERFORMANCE RATING OF F.
160160 SECTION 10. Sections 13.054(a), (b), and (d), Education
161161 Code, are amended to read as follows:
162162 (a) The commissioner by order may annex to one or more
163163 adjoining districts a school district that has been assigned an
164164 academic performance rating of F [rated as academically
165165 unacceptable] for a period of two years.
166166 (b) The governing board of a district to which territory of
167167 a [an academically unacceptable] district assigned an academic
168168 performance rating of F is annexed is the governing board for the
169169 new district.
170170 (d) Title to the real property of the [academically
171171 unacceptable] district assigned an academic performance rating of F
172172 vests in the district to which the property is annexed. Each
173173 district to which territory is annexed assumes and is liable for any
174174 portion of the [academically unacceptable district's] indebtedness
175175 of the district assigned an academic performance rating of F that is
176176 allocated to the receiving district under Section 13.004.
177177 SECTION 11. Section 21.453(b), Education Code, is amended
178178 to read as follows:
179179 (b) The commissioner may allocate funds from the account to
180180 regional education service centers to provide staff development
181181 resources to school districts that:
182182 (1) are assigned an academic performance rating of F
183183 [rated academically unacceptable];
184184 (2) have one or more campuses assigned an academic
185185 performance rating of F [rated as academically unacceptable]; or
186186 (3) are otherwise in need of assistance as indicated
187187 by the academic performance of students, as determined by the
188188 commissioner.
189189 SECTION 12. Section 28.020(c), Education Code, is amended
190190 to read as follows:
191191 (c) A campus designated as a mathematics innovation zone is
192192 not subject to interventions under the state accountability system
193193 described by Section 39A.101 or 39A.111 [39.107(a) or (e)] for the
194194 first two years of the designation, provided that the campus
195195 implements the instructional program with fidelity and complies
196196 with each mathematics innovation zone requirement to the
197197 satisfaction of the commissioner. The period that a campus is
198198 exempt from interventions as provided by this subsection is not:
199199 (1) included in calculating consecutive school years
200200 under Section 39A.101 or 39A.111 [39.107(a) or (e)]; or
201201 (2) considered a break in consecutive school years of
202202 receiving performance [unacceptable] ratings of F for purposes of
203203 determining the need for intervention under Section 39A.101 or
204204 39A.111 [39.107(a) or (e)].
205205 SECTION 13. Section 29.202(a), Education Code, is amended
206206 to read as follows:
207207 (a) A student is eligible to receive a public education
208208 grant or to attend another public school in the district in which
209209 the student resides under this subchapter if the student is
210210 assigned to attend a public school campus assigned a [an
211211 unacceptable] performance rating of F that is made publicly
212212 available under Section 39.054 for:
213213 (1) the student achievement domain under Section
214214 39.053(c)(1); and
215215 (2) the school progress domain under Section
216216 39.053(c)(2).
217217 SECTION 14. Section 30A.101(a), Education Code, is amended
218218 to read as follows:
219219 (a) A school district or open-enrollment charter school is
220220 eligible to act as a course provider under this chapter only if the
221221 district or school is assigned a performance rating of C or higher
222222 [rated acceptable] under Section 39.054. An open-enrollment
223223 charter school may serve as a course provider only:
224224 (1) to a student within its service area; or
225225 (2) to another student in the state:
226226 (A) through an agreement with the school district
227227 in which the student resides; or
228228 (B) if the student receives educational services
229229 under the supervision of a juvenile probation department, the Texas
230230 Juvenile Justice Department, or the Texas Department of Criminal
231231 Justice, through an agreement with the applicable agency.
232232 SECTION 15. Sections 39.054(a) and (a-2), Education Code,
233233 are amended to read as follows:
234234 (a) The commissioner shall adopt rules to evaluate school
235235 district and campus performance and assign each district and campus
236236 an overall performance rating of A, B, C, D, or F. In addition to
237237 the overall performance rating, the commissioner shall assign each
238238 district and campus a separate domain performance rating of A, B, C,
239239 D, or F for each domain under Section 39.053(c). [An overall or
240240 domain performance rating of A reflects exemplary performance. An
241241 overall or domain performance rating of B reflects recognized
242242 performance. An overall or domain performance rating of C reflects
243243 acceptable performance. An overall or domain performance rating of
244244 D reflects performance that needs improvement. An overall or
245245 domain performance rating of F reflects unacceptable performance.]
246246 A district may not receive an overall or domain performance rating
247247 of A if the district includes any campus with a corresponding
248248 overall or domain performance rating of D or F. If a school
249249 district has been approved under Section 39.0544 to assign campus
250250 performance ratings and the commissioner has not assigned a campus
251251 an overall performance rating of D or F, the commissioner shall
252252 assign the campus an overall performance rating based on the school
253253 district assigned performance rating under Section 39.0544. [A
254254 reference in law to an acceptable rating or acceptable performance
255255 includes an overall or domain performance rating of A, B, C, or D or
256256 performance that is exemplary, recognized, or acceptable
257257 performance or performance that needs improvement.]
258258 (a-2) The commissioner by rule may adopt procedures to
259259 ensure that a repeated performance rating of D or F [or
260260 unacceptable] in one domain, particularly performance that is not
261261 significantly improving, is reflected in the overall performance
262262 rating of a district or campus under this section or a campus under
263263 Section 39.0544 and is not compensated for by a performance rating
264264 of A, B, or C in another domain.
265265 SECTION 16. Section 39.101, Education Code, as added by
266266 Chapter 807 (H.B. 22), Acts of the 85th Legislature, Regular
267267 Session, 2017, is transferred to Subchapter B, Chapter 39A,
268268 Education Code, redesignated as Section 39A.0545, Education Code,
269269 amended to conform to the repeal of Subchapter E, Chapter 39,
270270 Education Code, by Article 21, Chapter 324 (S.B. 1488), Acts of the
271271 85th Legislature, Regular Session, 2017, and further amended to
272272 read as follows:
273273 Sec. 39A.0545 [39.101]. PERFORMANCE [NEEDS IMPROVEMENT]
274274 RATING OF D. (a) Notwithstanding any other law, if a school
275275 district or campus is assigned an overall or domain performance
276276 rating of D:
277277 (1) the commissioner shall order the district or
278278 campus to develop and implement a targeted improvement plan
279279 approved by the board of trustees of the district; and
280280 (2) the interventions and sanctions provided by this
281281 chapter [subchapter] based on failure to satisfy performance
282282 standards under Section 39.054(e) apply to the district or campus
283283 only as provided by this section.
284284 (b) The interventions and sanctions provided by this
285285 chapter [subchapter] based on failure to satisfy performance
286286 standards under Section 39.054(e) apply to a district or campus
287287 ordered to develop and implement a targeted improvement plan under
288288 Subsection (a) only if the district or campus is assigned:
289289 (1) an overall or domain performance rating of F; or
290290 (2) an overall performance rating of D as provided by
291291 Subsection (c).
292292 (c) If a school district or campus is assigned an overall
293293 performance rating of D for a school year after the district or
294294 campus is ordered to develop and implement a targeted improvement
295295 plan under Subsection (a), the commissioner shall implement
296296 interventions and sanctions that apply to a [an unacceptable]
297297 campus that received a performance rating of F and those
298298 interventions and sanctions shall continue for each consecutive
299299 school year thereafter in which the campus is assigned an overall
300300 performance rating of D.
301301 (d) The commissioner shall adopt rules as necessary to
302302 implement this section.
303303 SECTION 17. Section 39.201(b), Education Code, is amended
304304 to read as follows:
305305 (b) A district or campus may not be awarded a distinction
306306 designation under this subchapter unless the district or campus has
307307 a [acceptable] performance rating of C or higher under Section
308308 39.054.
309309 SECTION 18. Sections 39.232(a) and (d), Education Code, are
310310 amended to read as follows:
311311 (a) Except as provided by Subsection (b), a school campus or
312312 district that has been awarded a distinction designation [is rated
313313 exemplary] under Subchapter G is exempt from requirements and
314314 prohibitions imposed under this code including rules adopted under
315315 this code.
316316 (d) The commissioner may exempt a [an exemplary] school
317317 campus that has been awarded a distinction designation under
318318 Subchapter G from elementary class size limits under this section
319319 if the school campus submits to the commissioner a written plan
320320 showing steps that will be taken to ensure that the exemption from
321321 the class size limits will not be harmful to the academic
322322 achievement of the students on the school campus. The commissioner
323323 shall review achievement levels annually. The exemption remains in
324324 effect until the commissioner determines that achievement levels of
325325 the campus have declined.
326326 SECTION 19. Section 39.306(a), Education Code, is amended
327327 to read as follows:
328328 (a) Each board of trustees shall publish an annual report
329329 describing the educational performance of the district and of each
330330 campus in the district that includes uniform student performance
331331 and descriptive information as determined under rules adopted by
332332 the commissioner. The annual report must also include:
333333 (1) campus performance objectives established under
334334 Section 11.253 and the progress of each campus toward those
335335 objectives, which shall be available to the public;
336336 (2) information indicating the district's
337337 accreditation status and identifying each district campus awarded a
338338 distinction designation under Subchapter G or subject to
339339 interventions or sanctions [considered an unacceptable campus]
340340 under Chapter 39A;
341341 (3) the district's current special education
342342 compliance status with the agency;
343343 (4) a statement of the number, rate, and type of
344344 violent or criminal incidents that occurred on each district
345345 campus, to the extent permitted under the Family Educational Rights
346346 and Privacy Act of 1974 (20 U.S.C. Section 1232g);
347347 (5) information concerning school violence prevention
348348 and violence intervention policies and procedures that the district
349349 is using to protect students;
350350 (6) the findings that result from evaluations
351351 conducted under the Safe and Drug-Free Schools and Communities Act
352352 of 1994 (20 U.S.C. Section 7101 et seq.); and
353353 (7) information received under Section 51.403(e) for
354354 each high school campus in the district, presented in a form
355355 determined by the commissioner.
356356 SECTION 20. Section 39A.060, Education Code, is amended to
357357 conform to Section 1, Chapter 472 (H.B. 2263), Acts of the 85th
358358 Legislature, Regular Session, 2017, and further amended to read as
359359 follows:
360360 Sec. 39A.060. CAMPUS INTERVENTION TEAM CONTINUING DUTIES.
361361 For each year a campus is assigned a [an unacceptable] performance
362362 rating of F, the campus intervention team shall:
363363 (1) [continue to work with the campus until:
364364 [(A) the campus satisfies all performance
365365 standards under Section 39.054(e) for a two-year period; or
366366 [(B) the campus satisfies all performance
367367 standards under Section 39.054(e) for a one-year period and the
368368 commissioner determines that the campus is operating and will
369369 continue to operate in a manner that improves student achievement;
370370 [(2)] assist in updating the targeted improvement plan
371371 to identify and analyze areas of growth and areas that require
372372 improvement; and
373373 (2) [(3)] submit each updated targeted improvement
374374 plan described by Subdivision (1) [(2)] to the board of trustees of
375375 the school district.
376376 SECTION 21. Section 39A.103, Education Code, is amended to
377377 read as follows:
378378 Sec. 39A.103. NOTICE OF CAMPUS TURNAROUND PLAN. Before a
379379 campus turnaround plan is prepared and submitted for approval to
380380 the board of trustees of the school district, the district, in
381381 consultation with the campus intervention team, shall:
382382 (1) provide notice to parents, the community, and
383383 stakeholders that the campus has received a [an unacceptable]
384384 performance rating of F for two consecutive years and will be
385385 required to submit a campus turnaround plan; and
386386 (2) request assistance from parents, the community,
387387 and stakeholders in developing the campus turnaround plan.
388388 SECTION 22. Section 39A.106, Education Code, is amended to
389389 read as follows:
390390 Sec. 39A.106. DATE CAMPUS TURNAROUND PLAN TAKES EFFECT. A
391391 campus turnaround plan must take effect not later than the school
392392 year following the third consecutive school year that the campus
393393 has received a [an unacceptable] performance rating of F.
394394 SECTION 23. Section 39A.110, Education Code, is amended to
395395 read as follows:
396396 Sec. 39A.110. CHANGE IN CAMPUS PERFORMANCE RATING. (a) If
397397 a campus for which a campus turnaround plan has been ordered under
398398 Section 39A.101 receives a [an acceptable] performance rating of C
399399 or higher for the school year following the order, the board of
400400 trustees of the school district may:
401401 (1) implement the campus turnaround plan;
402402 (2) implement a modified version of the campus
403403 turnaround plan; or
404404 (3) withdraw the campus turnaround plan.
405405 (b) A school district required to implement a campus
406406 turnaround plan may modify the plan if the campus receives a [an
407407 acceptable] performance rating of C or higher for two consecutive
408408 school years following implementation of the plan.
409409 SECTION 24. Section 39A.111, Education Code, is amended to
410410 read as follows:
411411 Sec. 39A.111. CONTINUED [UNACCEPTABLE] PERFORMANCE RATING
412412 OF F. If a campus is assigned a [considered to have an
413413 unacceptable] performance rating of F for three consecutive school
414414 years after the campus is ordered to submit a campus turnaround plan
415415 under Section 39A.101, the commissioner, subject to Section
416416 39A.112, shall order:
417417 (1) appointment of a board of managers to govern the
418418 school district as provided by Section 39A.202; or
419419 (2) closure of the campus.
420420 SECTION 25. Section 39A.152(a), Education Code, is amended
421421 to read as follows:
422422 (a) To qualify for consideration as a managing entity under
423423 this subchapter, the entity must submit a proposal that provides
424424 information relating to the entity's management and leadership team
425425 that will participate in management of the campus under
426426 consideration, including information relating to individuals who
427427 have:
428428 (1) documented success in whole school interventions
429429 that increased the educational and performance levels of students
430430 in campuses assigned a [considered to have an unacceptable]
431431 performance rating of F;
432432 (2) a proven record of effectiveness with programs
433433 assisting low-performing students;
434434 (3) a proven ability to apply research-based school
435435 intervention strategies;
436436 (4) a proven record of financial ability to perform
437437 under the management contract; and
438438 (5) any other experience or qualifications the
439439 commissioner determines necessary.
440440 SECTION 26. Section 39A.156, Education Code, is amended to
441441 read as follows:
442442 Sec. 39A.156. CANCELLATION OF MANAGEMENT CONTRACT. If a
443443 campus receives a [an unacceptable] performance rating of F for two
444444 consecutive school years after a managing entity assumes management
445445 of the campus, the commissioner shall cancel the contract with the
446446 managing entity.
447447 SECTION 27. Sections 39A.209(a) and (b), Education Code,
448448 are amended to read as follows:
449449 (a) Notwithstanding Section 39A.208, the commissioner may
450450 remove a board of managers appointed to govern a school district
451451 under Subchapter C only if the campus that was the basis for the
452452 appointment of the board of managers receives a [an acceptable]
453453 performance rating of C or higher for two consecutive school years.
454454 (b) If a campus that was the basis for the appointment of a
455455 board of managers receives a [an unacceptable] performance rating
456456 of F for two additional consecutive years following the appointment
457457 of the board of managers, the commissioner may remove the board of
458458 managers and, in consultation with the local community, may appoint
459459 a new board of managers to govern the school district.
460460 SECTION 28. Sections 39A.906(b) and (d), Education Code,
461461 are amended to read as follows:
462462 (b) If a campus described by Subsection (a) receives a [an
463463 unacceptable] performance rating of F for the 2016-2017 and
464464 2017-2018 school years, the commissioner shall apply the
465465 interventions and sanctions authorized by Section 39A.111 to the
466466 campus.
467467 (d) If a campus described by Subsection (c) receives a [an
468468 unacceptable] performance rating of F for the 2016-2017, 2017-2018,
469469 and 2018-2019 school years, the commissioner shall apply the
470470 interventions and sanctions authorized by Section 39A.111 to the
471471 campus.
472472 SECTION 29. Section 42.002(b), Education Code, is amended
473473 to read as follows:
474474 (b) The Foundation School Program consists of:
475475 (1) two tiers that in combination provide for:
476476 (A) sufficient financing for all school
477477 districts to provide a basic program of education that is assigned a
478478 performance rating of C [rated acceptable] or higher under Section
479479 39.054 and meets other applicable legal standards; and
480480 (B) substantially equal access to funds to
481481 provide an enriched program; and
482482 (2) a facilities component as provided by Chapter 46.
483483 SECTION 30. This Act applies beginning with the 2019-2020
484484 school year.
485485 SECTION 31. To the extent of any conflict, this Act prevails
486486 over another Act of the 86th Legislature, Regular Session, 2019,
487487 relating to nonsubstantive additions to and corrections in enacted
488488 codes.
489489 SECTION 32. This Act takes effect immediately if it
490490 receives a vote of two-thirds of all the members elected to each
491491 house, as provided by Section 39, Article III, Texas Constitution.
492492 If this Act does not receive the vote necessary for immediate
493493 effect, this Act takes effect September 1, 2019.