84R4859 MK-F
	By: Aycock	H.B. No. 1842

	A BILL TO BE ENTITLED
	AN ACT
	relating to the assessment of intervention in and sanction of a
	public school that does not satisfy accreditation criteria.
	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, the academic performance standards
	under Section 39.053 or 39.054, or any financial accountability
	standard as determined by commissioner rule, 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 each student achievement indicator
	under Section 39.053(c) 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 an on-site investigation of the district
	to identify deficiencies and possible solutions;
	(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, fails to satisfy any
	standard under Section 39.054(e), 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;
	(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 failed to
	satisfy any standard under Section 39.054(e), 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; or
	(11)  if a district has failed to satisfy any standard
	under Section 39.054(e) due to the district's dropout rates, impose
	sanctions designed to improve high school completion rates,
	including:
	(A)  ordering the development of a dropout
	prevention plan for approval by the commissioner;
	(B)  restructuring the district or appropriate
	school campuses to improve identification of and service to
	students who are at risk of dropping out of school, as defined by
	Section 29.081;
	(C)  ordering lower student-to-counselor ratios
	on school campuses with high dropout rates; and
	(D)  ordering the use of any other intervention
	strategy effective in reducing dropout rates, including mentor
	programs and flexible class scheduling.
	SECTION 2.  Section 39.103(b), Education Code, is amended to
	read as follows:
	(b)  For a campus described by Subsection (a), the
	commissioner, to the extent the commissioner determines necessary,
	may:
	(1)  order a hearing to be held before the commissioner
	or the commissioner's designee at which the president of the board
	of trustees, a majority of the members of the board of trustees, the
	superintendent, and the campus principal shall appear and explain
	the campus's low performance, lack of improvement, and plans for
	improvement; or
	(2)  establish a school community partnership team
	composed of members of the campus-level planning and
	decision-making committee established under Section 11.251 and
	additional community representatives as determined appropriate by
	the commissioner.
	SECTION 3.  Sections 39.106(a), (b), (c), and (e-1),
	Education Code, are amended to read as follows:
	(a)  If a campus performance is below any standard under
	Section 39.054(e), 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)  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
	(5)  assist and advise the commissioner in monitoring
	the progress of the campus in implementing the targeted improvement
	plan.
	(b)  An on-site needs assessment of the campus under
	Subsection (a) must determine the contributing education-related
	and other factors resulting in the campus's low performance and
	lack of progress. The team shall use all of the following guidelines
	and procedures relevant to each area of insufficient performance in
	conducting a targeted on-site needs assessment and shall use each
	of the following guidelines and procedures in conducting a
	comprehensive on-site needs assessment:
	(1)  an assessment of the staff to determine the
	percentage of certified teachers who are teaching in their field,
	the percentage of teachers who are fully certified, the number of
	teachers with more than three years of experience, and teacher
	retention rates;
	(2)  compliance with the appropriate class-size rules
	and number of class-size waivers received;
	(3)  an assessment of the quality, quantity, and
	appropriateness of instructional materials, including the
	availability of technology-based instructional materials;
	(4)  a report on the parental involvement strategies
	and the effectiveness of the strategies;
	(5)  an assessment of the extent and quality of the
	mentoring program provided for new teachers on the campus and
	provided for experienced teachers on the campus who have less than
	two years of teaching experience in the subject or grade level to
	which the teacher is assigned;
	(6)  an assessment of the type and quality of the
	professional development provided to the staff;
	(7)  a demographic analysis of the student population,
	including student demographics, at-risk populations, limited
	English proficiency populations, and special education
	percentages;
	(8)  a report of disciplinary incidents and school
	safety information;
	(9)  financial and accounting practices;
	(10)  an assessment of the appropriateness of the
	curriculum and teaching strategies;
	(11)  a comparison of the findings from Subdivisions
	(1) through (10) to other campuses serving the same grade levels
	within the district or to other campuses within the campus's
	comparison group if there are no other campuses within the district
	serving the same grade levels as the campus; and
	(12)  any other research-based data or information
	obtained from a data collection process that would assist the
	campus intervention team in:
	(A)  recommending an action under Subsection (c);
	and
	(B)  executing a targeted improvement plan under
	Subsection (d-3).
	(c)  On completing the on-site needs assessment under this
	section, the campus intervention team shall, with the involvement
	and advice of the school community partnership team, if applicable,
	recommend actions relating to any area of insufficient performance,
	including:
	(1)  reallocation of resources;
	(2)  technical assistance;
	(3)  changes in school procedures or operations;
	(4)  staff development for instructional and
	administrative staff;
	(5)  intervention for individual administrators or
	teachers or teams of administrators or teachers;
	(6)  waivers from state statutes or rules;
	(7)  teacher recruitment or retention strategies and
	incentives provided by the district to attract and retain teachers
	with the characteristics included in Subsection (b)(1); or
	(8)  other actions the campus intervention team
	considers appropriate.
	(e-1)  After a targeted improvement plan or updated plan is
	submitted to the board of trustees of the school district, the
	board:
	(1)  shall conduct a hearing for the purpose of:
	(A)  notifying the public of the insufficient
	performance, the improvements in performance expected by the
	agency, and the intervention measures or sanctions that may be
	imposed under this subchapter if the performance does not improve
	within a designated period; and
	(B)  soliciting public comment on the targeted
	improvement plan or any updated plan;
	(2)  must post the targeted improvement plan on the
	district's Internet website before the hearing;
	(3)  may conduct one hearing relating to one or more
	campuses subject to a targeted improvement plan or an updated plan;
	[and]
	(4)  shall submit the targeted improvement plan or any
	updated plan to the commissioner for approval; and
	(5)  shall notify the parents of students enrolled at
	the campus subject to a targeted improvement plan or updated plan of
	the scheduled hearing not later than the seventh day before the date
	of the hearing.
	SECTION 4.  Sections 39.107(b), (d), (f), and (k), Education
	Code, are amended to read as follows:
	(b)  The campus intervention team shall decide which
	educators may be retained or reassigned at that campus.  A
	principal who has been employed by the campus in that capacity
	during the full period described by Subsection (a) may not be
	retained at that campus unless the campus intervention team
	determines that retention of the principal would be more beneficial
	to the student achievement and campus stability than removal.
	(d)  If the commissioner determines that the campus is not
	fully and effectively implementing the updated targeted
	improvement plan or if the students enrolled at the campus fail to
	demonstrate substantial improvement in the areas targeted by the
	updated plan, the commissioner may order:
	(1)  repurposing of the campus under this section;
	(2)  alternative management of the campus under this
	section; or
	(3)  closure of the campus.
	(f)  If the commissioner orders repurposing of a campus, the
	school district shall develop a comprehensive plan for repurposing
	the campus and submit the plan to the board of trustees for
	approval, using the procedures described by Section 39.106(e-1),
	and to the commissioner for approval. The plan must include a
	description of a rigorous, [and] relevant, and coherent academic
	program for the campus. The plan may include various instructional
	models. The commissioner may not approve the repurposing of a
	campus unless:
	(1)  all students in the assigned attendance zone of
	the campus in the school year immediately preceding the repurposing
	of the campus are provided with the opportunity to enroll in and are
	provided transportation on request to another campus, unless the
	commissioner grants an exception because there is no other campus
	in the district in which the students may enroll;
	(2)  the principal is not retained at the campus,
	unless the commissioner determines that students enrolled at the
	campus have demonstrated significant academic improvement; and
	(3)  teachers employed at the campus in the school year
	immediately preceding the repurposing of the campus are not
	retained at the campus, unless the commissioner or the
	commissioner's designee grants an exception, at the request of a
	school district, for:
	(A)  a teacher who provides instruction in a
	subject other than a subject for which an assessment instrument is
	administered under Section 39.023(a) or (c) who demonstrates to the
	commissioner satisfactory performance; or
	(B)  a teacher who provides instruction in a
	subject for which an assessment instrument is administered under
	Section 39.023(a) or (c) if the district demonstrates that the
	students of the teacher demonstrated satisfactory performance or
	improved academic growth on that assessment instrument.
	(k)  To qualify for consideration as a managing entity under
	this section, the entity must submit a proposal that provides
	information relating to the entity's management and leadership team
	that will participate in management of the campus under
	consideration, including information relating to individuals that
	have:
	(1)  documented success in whole school interventions
	that increased the educational and performance levels of students
	as determined by multiple measures in campuses considered to have
	an unacceptable performance rating;
	(2)  a proven record of effectiveness with programs
	assisting low-performing students;
	(3)  a proven ability to apply research-based school
	intervention strategies;
	(4)  a proven record of financial ability to perform
	under the management contract; and
	(5)  any other experience or qualifications the
	commissioner determines necessary.
	SECTION 5.  Section 39.108, Education Code, is amended to
	read as follows:
	Sec. 39.108.  [ANNUAL] REVIEW OF DISTRICT OR CAMPUS SUBJECT
	TO INTERVENTION OR SANCTION. The commissioner shall review
	annually, or more frequently if the commissioner determines
	appropriate, the performance of a district or campus subject to
	this subchapter to determine the appropriate actions to be
	implemented under this subchapter.  The commissioner must review
	at least annually the performance of a district for which the
	accreditation status or rating has been lowered due to insufficient
	student performance and may not raise the accreditation status or
	rating until the district has demonstrated improved student
	performance.  If the review reveals a lack of improvement, the
	commissioner shall increase the level of state intervention and
	sanction unless the commissioner finds good cause for maintaining
	the current status.
	SECTION 6.  Section 39.109, Education Code, is amended to
	read as follows:
	Sec. 39.109.  ACQUISITION OF PROFESSIONAL SERVICES. In
	addition to other interventions and sanctions authorized under this
	subchapter, the commissioner may order a school district or campus
	to acquire professional services at the expense of the district or
	campus to address the applicable financial, assessment, data
	quality, program, performance, or governance deficiency.  The
	commissioner's order may require the district or campus to:
	(1)  select or be assigned an external auditor, data
	quality expert, professional authorized to monitor district
	assessment instrument administration, or curriculum or special
	program expert; or
	(2)  provide for or participate in the appropriate
	training of district staff or board of trustees members in the case
	of a district, or campus staff, in the case of a campus.
	SECTION 7.  Section 39.111(b), Education Code, is amended to
	read as follows:
	(b)  At least every 90 days, the commissioner shall review
	the need for the conservator or management team and shall remove the
	conservator or management team unless the commissioner determines
	that continued appointment is necessary for effective governance or
	financial management of the district or delivery of instructional
	services.
	SECTION 8.  This Act applies beginning with the 2015-2016
	school year.
	SECTION 9.  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, 2015.