Bill Text: TX HB3828 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to accreditation interventions and sanctions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-21 - Left pending in committee [HB3828 Detail]
Download: Texas-2017-HB3828-Introduced.html
By: Huberty | H.B. No. 3828 |
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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 |
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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) |
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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 |
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39.054(e) for the |
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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 |
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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 |
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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 |
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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) |
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section; or | ||
(2) |
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(g-1) If the commissioner orders alternative management of | ||
a campus under Subsection (d)(1) |
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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. |