84R25646 MK-D
	By: Aycock	H.B. No. 1842
	Substitute the following for H.B. No. 1842:
	By:  Aycock	C.S.H.B. No. 1842

	A BILL TO BE ENTITLED
	AN ACT
	relating to the intervention in and sanction of a public school that
	has received an academically unsuccessful performance rating for at
	least two consecutive school years.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Section 39.107, Education Code,
	is amended to read as follows:
	Sec. 39.107.  CAMPUS TURNAROUND PLAN, BOARD OF MANAGERS
	[RECONSTITUTION, REPURPOSING], ALTERNATIVE MANAGEMENT, AND
	CLOSURE.
	SECTION 2.  Section 39.107, Education Code, is amended by
	amending Subsections (a), (a-1), (b), (b-1), (b-2), (d), (e),
	(e-1), (e-2), (f), and (g) and adding Subsections (a-2), (b-3),
	(b-4), (b-5), (b-6), (b-7), (b-8), (b-9), (e-4), (e-5), (e-6),
	(g-1), and (g-2) to read as follows:
	(a)  After a campus has been identified as unacceptable for
	two consecutive school years, the commissioner shall order the
	campus to prepare and submit a campus turnaround plan [the
	reconstitution of the campus]. The commissioner shall by rule
	establish procedures governing the time and manner in which the
	campus must submit the campus turnaround plan.
	(a-1)  A [In reconstituting a campus, a] campus intervention
	team shall assist the campus in:
	(1)  developing an updated targeted improvement plan,
	including a campus turnaround plan to be implemented by the campus;
	(2)  submitting the updated targeted improvement plan
	to the board of trustees of the school district for approval and
	presenting the plan in a public hearing as provided by Section
	39.106(e-1);
	(3)  obtaining approval of the updated plan from the
	commissioner; and
	(4)  executing the plan on approval by the
	commissioner.
	(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 academically
	unacceptable performance rating 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 all performance
	standards required under Section 39.054(e) [decide which educators
	may be retained 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].
	(b-1)  A campus turnaround plan must include:
	(1)  a detailed description of the academic programs to
	be offered at the campus, including instructional methods, length
	of school day and school year, academic credit and promotion
	criteria, and programs to serve special student populations;
	(2)  the term of the charter, if a district charter is
	to be granted for the campus under Section 12.0522, which may not
	exceed five years;
	(3)  written comments from the campus-level committee
	established under Section 11.251, if applicable, parents, and
	teachers at the campus; and
	(4)  a detailed description of the budget, staffing,
	and financial resources required to implement the plan, including
	any supplemental resources to be provided by the district or other
	identified sources [A teacher of a subject assessed by an
	assessment instrument under Section 39.023 may be retained only if
	the campus intervention team determines that a pattern exists of
	significant academic improvement by students taught by the teacher.
	If an educator is not retained, the educator may be assigned to
	another position in the district].
	(b-2)  A school district may request that a regional
	education service center provide assistance in the development and
	implementation of a campus turnaround plan. [For each year that a
	campus is considered to have an unacceptable performance rating, a
	campus intervention team shall:
	[(1)     assist in updating the targeted improvement plan
	to identify and analyze areas of growth and areas that require
	improvement;
	[(2)  submit the updated plan to:
	[(A)     the board of trustees of the school
	district; and
	[(B)  the parents of campus students; and
	[(3)     assist in submitting the updated plan to the
	commissioner for approval.]
	(b-3)  The updated targeted improvement plan submitted to
	the board of trustees of a school district under Subsection (a-1)
	must include all plans and details that are required to execute the
	campus turnaround plan without any additional action or approval by
	the board of trustees.
	(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
	academically unacceptable performance rating.
	(b-5)  Following approval of a campus turnaround plan by the
	commissioner, the school district, in consultation with the campus
	intervention team, may take any actions needed to prepare for the
	implementation of the plan.
	(b-6)  If a campus for which a campus turnaround plan has
	been ordered under Subsection (a) receives an academically
	acceptable performance rating for the school year following the
	order, the board of trustees may:
	(1)  implement the campus turnaround plan;
	(2)  implement a modified version of the campus
	turnaround plan; or
	(3)  withdraw the campus turnaround plan.
	(b-7)  A school district required to implement a campus
	turnaround plan may modify or withdraw the plan if the campus
	receives an academically acceptable performance rating for two
	consecutive school years following the implementation of the plan.
	(b-8)  Section 12.0522(b) does not apply to a district
	charter approved by the commissioner under this section. A
	district charter approved under this section may be renewed or
	continue in effect after the campus is no longer subject to an order
	under Subsection (a).
	(b-9)  The commissioner shall adopt rules governing the
	procedures for an open-enrollment charter school campus that is
	subject to an order issued under Subsection (a). An
	open-enrollment charter school must revise the school's charter in
	accordance with Section 12.114 in the campus turnaround plan.
	Nothing in this section may be construed to modify any provision of
	Subchapter D, Chapter 12, relating to the expiration, nonrenewal,
	revocation, or modification of the governance of an open-enrollment
	charter school.  The governing board of the open-enrollment charter
	school shall perform the duties of a board of trustees of a school
	district under this section.
	(d)  The commissioner may approve a campus 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 [determines
	that the campus is not fully 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 shall [may] order:
	(1)  appointment of a board of managers to govern the
	district as provided by Section 39.112(b) [repurposing of the
	campus under this section];
	(2)  alternative management of the campus under this
	section; or
	(3)  closure of the campus.
	(e)  If a campus is considered to have an unacceptable
	performance rating for three consecutive school years after the
	campus is ordered to submit a campus turnaround plan
	[reconstituted] under Subsection (a), the commissioner, subject to
	Subsection [(e-1) or] (e-2), shall order:
	(1)  appointment of a board of managers to govern the
	district as provided by Section 39.112(b) [repurposing of the
	campus under this section]; or
	(2)  [alternative management of the campus under this
	section; or
	[(3)]  closure of the campus.
	(e-1)  If the commissioner orders the closure of a campus
	under this section, that campus may be repurposed to serve students
	at that campus location only if the commissioner finds that the
	repurposed campus offers a distinctly different academic program
	and serves a majority of grade levels at the repurposed campus not
	served at the original campus and approves a new campus
	identification number for the campus. The majority of students
	assigned to a campus that has been closed and repurposed may not
	have attended that campus in the previous school year. Any student
	assigned to a campus that has been closed must be allowed to
	transfer to any other campus in the district that serves that
	student's grade level and on request must be provided
	transportation to the other campus.  The commissioner may grant an
	exemption allowing students assigned to a closed campus to attend
	the repurposed campus if there is no other campus in the district at
	which the students may enroll [The commissioner may waive the
	requirement to enter an order under Subsection (e) for not more than
	one school year if the commissioner determines that, on the basis of
	significant improvement in student performance over the preceding
	two school years, the campus is likely to be assigned an acceptable
	performance rating for the following school year].
	(e-2)  For purposes of this subsection, "parent" has the
	meaning assigned by Section 12.051. If the commissioner is
	presented, in the time and manner specified by commissioner rule, a
	written petition signed by the parents of a majority of the students
	enrolled at a campus to which Subsection (e) applies, specifying
	the action described by Subsection (e)(1) or [,] (2)[, or (3)] that
	the parents request the commissioner to order, the commissioner
	shall, except as otherwise authorized by this subsection, order the
	specific action requested. If the board of trustees of the school
	district in which the campus is located presents to the
	commissioner, in the time and manner specified by commissioner
	rule, a written request that the commissioner order specific action
	authorized under Subsection (e) other than the specific action
	requested in the parents' petition and a written explanation of the
	basis for the board's request, the commissioner may order the
	action requested by the board of trustees.
	(e-4)  A board of managers appointed by the commissioner
	under this section is required to take appropriate actions to
	resolve the conditions that caused a campus to be subject to an
	order under Subsection (a), including amending the district's
	budget, reassigning staff, or relocating academic programs.
	(e-5)  The commissioner may authorize payment of a board of
	managers appointed under this section from agency funds.
	(e-6)  The commissioner may at any time replace a member of a
	board of managers appointed under this section.
	(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 academically acceptable
	performance rating for two consecutive school years. [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 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.]
	(g)  Following the removal of a board of managers under
	Subsection (f), or at the request of a managing entity appointed
	under Subsection (d) to oversee the implementation of alternative
	management, the commissioner may appoint a conservator for the
	district to ensure district-level support for low-performing
	campuses and to oversee the implementation of the updated targeted
	improvement plan [If an educator is not retained under Subsection
	(f), the educator may be assigned to another position in 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 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.
	(g-2)  Subject to Subsection (e), at the end of the contract
	term with a managing entity or the cancellation of a contract with a
	managing entity under Subsection (g-1), the board of trustees of
	the school district shall resume management of the campus.
	SECTION 3.  Section 39.114, Education Code, is amended to
	read as follows:
	Sec. 39.114.  IMMUNITY FROM CIVIL LIABILITY. An employee,
	volunteer, or contractor acting on behalf of the commissioner under
	this subchapter, or a member of a board of managers appointed by the
	commissioner under this subchapter is immune from civil liability
	to the same extent as a professional employee of a school district
	under Section 22.051.
	SECTION 4.  Section 39.106(f), Education Code, is repealed.
	SECTION 5.  Not later than December 1, 2018, the Legislative
	Budget Board shall publish a report evaluating the implementation
	of Section 39.107, Education Code, as amended by this Act,
	including an analysis of whether the changes in law made by this Act
	result in improvements to school performance and student
	performance. The Legislative Budget Board may contract with another
	entity for the purpose of producing the evaluation required by this
	section.
	SECTION 6.  The commissioner of education shall adopt a
	transition plan that allows a public school campus that received an
	academically unacceptable performance rating for three or more
	consecutive school years before the effective date of this Act:
	(1)  to continue with the interventions and sanctions
	that have already been applied to the campus; and
	(2)  to be closed or for a board of managers to be
	appointed for the school district if the campus receives an
	academically unacceptable performance rating for the two school
	years following the effective date of this Act.
	SECTION 7.  (a) Except as provided by Subsection (b) of this
	section, this Act applies beginning with the 2016-2017 school year.
	(b)  For a public school campus that receives an academically
	unacceptable performance rating for a second consecutive year
	following the 2015-2016 school year, this Act applies beginning
	with the 2016-2017 school year.
	SECTION 8.  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.