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A BILL TO BE ENTITLED
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AN ACT
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relating to accreditation interventions and sanctions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.102(a), Education Code, is amended to |
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read as follows: |
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(a) If a school district does not satisfy the accreditation |
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criteria under Section 39.052, was rated unacceptable the academic
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performance standards under Section 39.053 or 39.054 for the school |
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progress domain under Section 39.053(c)(2), or any financial |
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accountability standard as determined by commissioner rule, or if |
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considered appropriate by the commissioner on the basis of a |
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special accreditation investigation under Section 39.057, the |
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commissioner shall take any of the following actions to the extent |
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the commissioner determines necessary: |
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(1) issue public notice of the deficiency to the board |
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of trustees; |
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(2) order a hearing conducted by the board of trustees |
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of the district for the purpose of notifying the public of the |
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insufficient performance, the improvements in performance expected |
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by the agency, and the interventions and sanctions that may be |
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imposed under this section if the performance does not improve; |
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(3) order the preparation of a student achievement |
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improvement plan that addresses the school progress indicators |
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under Section 39.053(c)(2)
for which the district's performance is
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insufficient, the submission of the plan to the commissioner for |
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approval, and implementation of the plan; |
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(4) order a hearing to be held before the commissioner |
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or the commissioner's designee at which the president of the board |
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of trustees of the district and the superintendent shall appear and |
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explain the district's low performance, lack of improvement, and |
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plans for improvement; |
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(5) arrange a monitoring review of the district; |
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(6) appoint an agency monitor to participate in and |
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report to the agency on the activities of the board of trustees or |
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the superintendent; |
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(7) appoint a conservator to oversee the operations of |
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the district; |
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(8) appoint a management team to direct the operations |
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of the district in areas of insufficient performance or require the |
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district to obtain certain services under a contract with another |
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person; |
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(9) if a district has a current accreditation status |
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of accredited-warned or accredited-probation, has received a |
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rating of unacceptable fails to satisfy any standard under Section |
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39.054(e) for the a school progress indicator domain under Section |
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39.053(c)(2) or fails to satisfy financial accountability |
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standards as determined by commissioner rule, appoint a board of |
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managers to exercise the powers and duties of the board of trustees; |
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or |
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(10) if for two consecutive school years, including |
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the current school year, a district has received an accreditation |
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status of accredited-warned or accredited-probation, has received |
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a rating of unacceptable under Section 39.054(e) for the school |
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progress domain under Section 39.053(c)(2), or has failed to |
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satisfy financial accountability standards as determined by |
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commissioner rule, revoke the district's accreditation and: |
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(A) order closure of the district and annex the |
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district to one or more adjoining districts under Section 13.054; |
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or |
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(B) in the case of a home-rule school district or |
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open-enrollment charter school, order closure of all programs |
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operated under the district's or school's charter. |
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SECTION 2. Section 39.103(a), Education Code, is amended to |
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read as follows: |
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(a) If a campus performance is below rated as unacceptable |
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under Section 39.054(e) for the school progress domain under |
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Section 39.053(c)(2), the commissioner shall take actions, to the |
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extent the commissioner determines necessary, as provided by this |
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subchapter. |
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SECTION 3. Section 39.105(a), Education Code, is amended to |
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read as follows: |
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(a) This section applies if a campus performance satisfies |
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performance standards under Section 39.054(e) for the indicators in |
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the school progress domain under Section 39.053(c)(2) for the |
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current school year but would not satisfy performance under Section |
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39.054(e) for the domain if the standards to be used for the |
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following school year were applied to the current school year. On |
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request of the commissioner, the campus-level committee |
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established under Section 11.251 shall revise and submit to the |
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commissioner in an electronic format the portions of the campus |
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improvement plan developed under Section 11.253 that are relevant |
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to those areas for which the campus would not satisfy performance |
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standards. |
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SECTION 4. Sections 39.106(a) and (e), Education Code, are |
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amended to read as follows: |
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(a) If a campus performance is rated as unacceptable under |
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Section 39.054(e) for the school progress domain under Section |
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39.053(c)(2), the commissioner shall assign a campus intervention |
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team. A campus intervention team shall: |
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(1) conduct, with the involvement and advice of the |
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school community partnership team, if applicable: |
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(A) a targeted on-site needs assessment relevant |
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to an area of insufficient performance of the campus as provided by |
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Subsection (b); or |
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(B) if the commissioner determines necessary, a |
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comprehensive on-site needs assessment, using the procedures |
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provided by Subsection (b); |
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(2) recommend appropriate actions as provided by |
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Subsection (c); |
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(3) assist in the development of a targeted |
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improvement plan; |
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(4) conduct a public meeting at the campus with the |
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campus principal, the members of the campus-level planning and |
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decision-making committee established under Section 11.251, |
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parents of students attending the campus, and community members |
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residing in the district to review the campus performance rating |
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and solicit input for the development of the targeted improvement |
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plan; |
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(5) assist the campus in submitting the targeted |
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improvement plan to the board of trustees for approval and |
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presenting the plan in a public hearing as provided by Subsection |
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(e-1); and |
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(6) assist the commissioner in monitoring the progress |
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of the campus in implementing the targeted improvement plan. |
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(e) For each year a campus is assigned an unacceptable |
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performance rating for the school progress domain under Section |
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39.053(c)(2), a campus intervention team shall: |
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(1) continue to work with a campus until: |
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(A) the campus is rated acceptable under Section |
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39.054(e) for the school progress domain under Section 39.053(c)(2) |
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for a two-year period; or |
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(B) the campus is rated acceptable under Section |
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39.054(e) for the school progress domain under Section 39.053(c)(2) |
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for a one-year period and the commissioner determines that the |
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campus is operating and will continue to operate in a manner that |
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improves student outcomes; |
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(2) assist in updating the targeted improvement plan |
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to identify and analyze areas of growth and areas that require |
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improvement; and |
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(3) submit each updated plan described by Subdivision |
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(2) to the board of trustees of the school district. |
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SECTION 5. Sections 39.107(a), (a-2), (b), (b-4), (d), (e), |
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(f), and (g-1), Education Code, are amended to read as follows: |
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(a) After a campus has been identified as unacceptable under |
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the school progress domain under Section 39.053(c)(2) for two |
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consecutive school years, the commissioner shall order the campus |
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to prepare and submit a campus turnaround plan. The commissioner |
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shall by rule establish procedures governing the time and manner in |
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which the campus must submit the campus turnaround plan. |
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(a-2) Before a campus turnaround plan is prepared and |
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submitted for approval to the board of trustees of the school |
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district, the district, in consultation with the campus |
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intervention team, shall: |
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(1) provide notice to parents, the community, and |
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stakeholders that the campus has received an unacceptable |
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performance rating under the school progress domain under Section |
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39.053(c)(2) for two consecutive years and will be required to |
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submit a campus turnaround plan; and |
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(2) request assistance from parents, the community, |
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and stakeholders in developing the campus turnaround plan. |
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(b) The school district, in consultation with the campus |
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intervention team, shall prepare the campus turnaround plan and |
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allow parents, the community, and stakeholders an opportunity to |
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review the plan before it is submitted for approval to the board of |
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trustees of the school district. The plan must include details on |
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the method for restructuring, reforming, or reconstituting the |
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campus. If the district determines that granting a district |
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charter under Section 12.0522 is appropriate for the campus, the |
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campus turnaround plan must provide information on the |
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implementation of the district charter. The plan must assist the |
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campus in implementing procedures to satisfy all the performance |
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standards required under Section 39.054(e) for the school progress |
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domain under Section 39.053(c)(2). |
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(b-4) A campus turnaround plan developed under this section |
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must take effect not later than the school year following the third |
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consecutive school year that the campus has received an |
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unacceptable performance rating for the school progress domain |
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under Section 39.053(c)(2). |
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(d) The commissioner may approve a campus turnaround plan |
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only if the commissioner determines that the campus will be rated as |
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acceptable under Section 39.054(e) for the school progress domain |
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under Section 39.053(c)(2), not later than the second year after |
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the campus receives a rating for the school progress domain under |
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Section 39.053(c)(2) following the implementation of the campus |
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turnaround plan. If the commissioner does not make this |
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determination, the commissioner shall order: |
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(1) appointment of a board of managers to govern the |
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district as provided by Section 39.112(b); |
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(2) alternative management of the campus under this |
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section; or |
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(3) closure of the campus. |
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(e) If a campus is rated as unacceptable in the school |
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progress domain under Section 39.053(c)(2) for three consecutive |
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school years after the campus is ordered to submit a campus |
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turnaround plan under Subsection (a), the commissioner, subject to |
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Subsection (e-2), shall order: |
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(1) appointment of a board of managers to govern the |
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district as provided by Section 39.112(b); or |
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(2) closure of the campus. |
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(f) Notwithstanding Section 39.112(e), the commissioner may |
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remove a board of managers appointed to govern a district under this |
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section only if the campus that was the basis for the appointment of |
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the board of managers receives an acceptable performance rating for |
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the school progress domain under Section 39.053(c)(2) for two |
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consecutive school years. If a campus that was the basis for the |
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appointment of a board of managers receives an unacceptable rating |
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for the school progress domain under Section 39.053(c)(2) for two |
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additional consecutive years following the appointment of the board |
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of managers, the commissioner may remove the board of managers and, |
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in consultation with the local community, may appoint a new board of |
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managers to govern the district. |
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(g-1) If the commissioner orders alternative management of |
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a campus under Subsection (d)(2), the school district shall execute |
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a contract with a managing entity for a term not to exceed five |
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years. The commissioner may require a district to extend the term |
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of the contract if the commissioner determines that extending the |
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contract on expiration of the initial term is in the best interest |
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of the students attending the campus. The terms of the contract |
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must be approved by the commissioner. If a campus receives an |
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unacceptable rating for the school progress domain under Section |
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39.053(c)(2) for two consecutive school years after the managing |
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entity assumes management of the campus, the commissioner shall |
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cancel the contract with the managing entity. |
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SECTION 6. Section 39.107, Education Code, is amended by |
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adding Subsections (b-10), (b-11), and (b-12) and amending |
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Subsections (c), (d), and (g-1) to read as follows: |
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(b-10) Not later than June 15 of each year, the commissioner |
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shall, in writing, either approve or reject any campus turnaround |
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plan prepared and submitted to the commissioner by a district. If |
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the commissioner rejects a campus turnaround plan, the commissioner |
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must also send the district an outline of the specific concerns |
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regarding the turnaround plan that resulted in the rejection. |
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(b-11) If the commissioner rejects a campus turnaround |
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plan, the district must create a modified plan with assistance from |
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agency staff and submit the modified plan to the commissioner for |
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approval not later than August 15. The commissioner shall notify |
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the district in writing of the commissioner's decision regarding |
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the modified plan not later than September 1. |
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(b-12) If the agency assists or offers assistance to a |
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district in modifying a campus turnaround plan following a |
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rejection under Subsection (b-10), the agency may not recommend or |
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require participation by the district in any of the following: |
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(1) general workshops for the board of trustees of the |
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district; |
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(2) the use of fidelity instruments as part of the |
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campus turnaround plan; or |
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(3) any other initiative that does not directly relate |
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to a concern raised in regard to the rejected campus turnaround plan |
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that was identified by the commissioner under Subsection (b-10). |
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(c) A campus subject to Subsection (a) shall implement the |
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updated targeted improvement plan as approved by the commissioner. |
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The commissioner may appoint a monitor, conservator, management
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team, or board of managers to the district to ensure and oversee |
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district-level support to low-performing campuses and the |
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implementation of the updated targeted improvement plan. In making |
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appointments under this subsection, the commissioner shall |
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consider individuals who have demonstrated success in managing |
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campuses with student populations similar to the campus at which |
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the individual appointed will serve. |
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(d) The commissioner may approve a campus turnaround plan or |
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modified turnaround plan only if the commissioner determines that |
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the campus will satisfy all student performance standards required |
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under Section 39.054(e) not later than the second year the campus |
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receives a performance rating following the implementation of the |
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campus turnaround plan. If the commissioner does not make this |
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determination after reviewing a modified turnaround plan, the |
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commissioner shall order: |
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(1) appointment of a board of managers to govern the
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district as provided by Section 39.112(b);
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(2) alternative management of the campus under this |
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section; or |
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(2) (3) closure of the campus. |
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(g-1) If the commissioner orders alternative management of |
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a campus under Subsection (d)(1) (d)(2), the school district shall |
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execute a contract with a managing entity for a term not to exceed |
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five years. The commissioner may require a district to extend the |
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term of the contract if the commissioner determines that extending |
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the contract on expiration of the initial term is in the best |
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interest of the students attending the campus. The terms of the |
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contract must be approved by the commissioner. If a campus receives |
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an academically unacceptable performance rating for two |
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consecutive school years after the managing entity assumes |
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management of the campus, the commissioner shall cancel the |
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contract with the managing entity. |
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SECTION 7. This Act takes effect on September 1, 2017. |