By: Aycock, et al.	H.B. No. 1842
	(Senate Sponsor - Taylor of Galveston)
	(In the Senate - Received from the House May 14, 2015;
	May 15, 2015, read first time and referred to Committee on
	Education; May 22, 2015, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 11, Nays 0;
	May 22, 2015, sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR H.B. No. 1842	By:  Taylor of Galveston

	A BILL TO BE ENTITLED
	AN ACT
	relating to public school accountability, including the expansion
	of or renewal of the charter of an open-enrollment charter school
	and 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.  Subchapter C, Chapter 11, Education Code, is
	amended by adding Section 11.0511 to read as follows:
	Sec. 11.0511.  STUDENT TRUSTEE FOR CERTAIN DISTRICTS. (a)
	This section applies only to a school district described by Section
	11.065(a) in which a school in the district is operating under a
	campus turnaround plan.
	(b)  Notwithstanding Section 11.051(b), the board of
	trustees of a school district may adopt a resolution establishing
	as a nonvoting member a student trustee position as provided by this
	section.
	(c)  For a student trustee position under this section, the
	board shall adopt a policy that establishes:
	(1)  the term of the student trustee position;
	(2)  the procedures for selecting a student trustee,
	including the method for filling a vacancy; and
	(3)  the procedures for removal of a student trustee.
	(d)  A student is eligible to serve as a student trustee if
	the student is enrolled in the student's junior or senior year of
	high school and is considered in good standing academically and
	under the district code of conduct.
	(e)  The board shall adopt a policy regarding student
	trustee:
	(1)  participation, other than voting, in board
	deliberations, subject to Subsection (f); and
	(2)  access to information, documents, and records,
	consistent with the Family Educational Rights and Privacy Act of
	1974 (20 U.S.C. Section 1232g).
	(f)  A student trustee may not participate in a closed
	session of a board meeting in which any issue related to a personnel
	matter is considered.
	(g)  A student trustee is not entitled to receive
	compensation or reimbursement of the student trustee's expenses for
	services on the board.
	(h)  A school district may grant to a student who fulfills
	the requirements of service of a student trustee not more than one
	academic course credit in a subject area determined appropriate by
	the district.
	SECTION 2.  Section 12.101(b-4), Education Code, is amended
	to read as follows:
	(b-4)  Notwithstanding Section 12.114, approval of the
	commissioner under that section is not required for establishment
	of a new open-enrollment charter school campus if the requirements
	of this subsection[, including the absence of commissioner
	disapproval under Subdivision (3),] are satisfied. A charter
	holder having an accreditation status of accredited and at least 50
	percent of its student population in grades assessed under
	Subchapter B, Chapter 39, or at least 50 percent of the students in
	the grades assessed having been enrolled in the school for at least
	three school years may establish one or more new campuses under an
	existing charter held by the charter holder if:
	(1)  the charter holder is currently evaluated under
	the standard accountability procedures for evaluation under
	Chapter 39 and received a district rating in the highest or second
	highest performance rating category under Subchapter C, Chapter 39,
	for three of the last five years with at least 75 percent of the
	campuses rated under the charter also receiving a rating in the
	highest or second highest performance rating category and with no
	campus with a rating in the lowest performance rating category in
	the most recent ratings;
	(2)  the charter holder provides written notice to the
	commissioner of the establishment of any campus under this
	subsection in the time, manner, and form provided by rule of the
	commissioner; and
	(3)  not later than the 60th day after the date the
	charter holder provides written notice under Subdivision (2), the
	commissioner does not provide written notice to the charter holder
	that the commissioner has determined that the charter holder does
	not satisfy the requirements of this section [of disapproval of a
	new campus under this section].
	SECTION 3.  The heading to Section 12.116, Education Code,
	is amended to read as follows:
	Sec. 12.116.  PROCEDURE FOR REVOCATION, [OR] MODIFICATION OF
	GOVERNANCE, OR DENIAL OF RENEWAL.
	SECTION 4.  Section 12.116, Education Code, is amended by
	amending Subsection (a) and adding Subsection (a-1) to read as
	follows:
	(a)  The commissioner shall adopt an informal procedure to be
	used for:
	(1)  revoking the charter of an open-enrollment charter
	school or for reconstituting the governing body of the charter
	holder as authorized by Section 12.115; and
	(2)  denying the renewal of a charter of an
	open-enrollment charter school as authorized by Section
	12.1141(c).
	(a-1)  The procedure adopted under Subsection (a) for the
	denial of renewal of a charter under Section 12.1141(c) or the
	revocation of a charter or reconstitution of a governing body of a
	charter holder under Section 12.115(a) must allow representatives
	of the charter holder to meet with the commissioner to discuss the
	commissioner's decision and must allow the charter holder to submit
	additional information to the commissioner relating to the
	commissioner's decision. In a final decision issued by the
	commissioner, the commissioner shall provide a written response to
	any information the charter holder submits under this subsection.
	SECTION 5.  Section 39.106, Education Code, is amended by
	amending Subsection (a) and adding Subsection (a-1) 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)  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) [(5)]  assist the commissioner in monitoring the
	progress of the campus in implementing the targeted improvement
	plan.
	(a-1)  The campus intervention team must provide written
	notice of the public meeting required by Subsection (a)(4) to the
	parents of students attending the campus and post notice of the
	meeting on the Internet website of the campus. The notice must
	include the date, time, and place of the meeting.
	SECTION 6.  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 7.  Section 39.107, Education Code, is amended by
	amending Subsections (a), (a-1), (b), (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), (b-10), (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-2)  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;
	(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 [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)  A school district may:
	(1)  request that a regional education service center
	provide assistance in the development and implementation of a
	campus turnaround plan; or
	(2)  partner with an institution of higher education to
	develop and implement a campus turnaround plan.
	(b-4)  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-5)  A campus turnaround plan developed under this section
	must take effect during the school year following the second
	consecutive school year that the campus has received an
	academically unacceptable performance rating.
	(b-6)  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-7)  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-8)  A school district required to implement a campus
	turnaround plan may modify the plan if the campus receives an
	academically acceptable performance rating for two consecutive
	school years following the implementation of the plan.
	(b-9)  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-10)  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.  The terms of the contract must
	be approved by the commissioner.
	(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, the board of trustees of the school district shall
	resume management of the campus.
	SECTION 8.  Subchapter E, Chapter 39, Education Code, is
	amended by adding Section 39.1071 to read as follows:
	Sec. 39.1071.  TRANSITIONAL INTERVENTIONS AND SANCTIONS.
	(a) For a campus that received an academically unacceptable
	performance rating for the 2013-2014, 2014-2015, and 2015-2016
	school years, the commissioner may apply the interventions and
	sanctions authorized by this chapter as this chapter existed on
	January 1, 2015, to the campus.
	(b)  If a campus described under Subsection (a) receives an
	academically unacceptable performance rating for the 2016-2017 and
	2017-2018 school years, the commissioner shall apply the
	interventions and sanctions authorized by Section 39.107(e) to the
	campus.
	(c)  For a campus that received an academically acceptable
	performance rating for the 2013-2014 school year and an
	academically unacceptable performance rating for the 2014-2015 and
	2015-2016 school years, the commissioner shall apply the
	interventions and sanctions authorized by Section 39.107(a) to the
	campus.
	(d)  If a campus described under Subsection (c) receives an
	academically unacceptable performance rating for the 2016-2017,
	2017-2018, and 2018-2019 school years, the commissioner shall apply
	the interventions and sanctions authorized by Section 39.107(e) to
	the campus.
	(e)  The commissioner may adopt rules as necessary to
	implement this section.
	(f)  This section expires September 1, 2020.
	SECTION 9.  Section 39.112, Education Code, is amended by
	adding Subsections (d-1), (d-2), and (g) and amending Subsection
	(e) to read as follows:
	(d-1)  The board of managers appointed by the commissioner
	must, if possible, include community leaders, business
	representatives who have expertise in leadership, and individuals
	who have knowledge or expertise in the field of education.
	(d-2)  The commissioner must provide each individual
	appointed to a board of managers with training in effective
	leadership strategies.
	(e)  A board of managers shall, during the period of the
	appointment, order the election of members of the board of trustees
	of the district in accordance with applicable provisions of law.
	Except as provided by this subsection, the members of the board of
	trustees do not assume any powers or duties after the election until
	the appointment of the board of managers expires. Not [At the
	direction of the commissioner but not] later than the second
	anniversary of the date the board of managers of a district was
	appointed, the commissioner shall notify the board of managers and
	the board of trustees of the date on which the appointment of the
	board of managers will expire [shall order an election of members
	of the district board of trustees.   The election must be held on a
	uniform election date on which an election of district trustees may
	be held under Section 41.001, Election Code, that is at least 180
	days after the date the election was ordered].  Following each of
	the last three years of the period of the appointment, one-third of
	the members of the board of managers shall be replaced by the number
	of members of the school district board of trustees who were elected
	at an election ordered under this subsection that constitutes, as
	closely as possible, one-third of the membership of the board of
	trustees. On the expiration of the appointment of the board of
	managers [qualification of members for office], the board of
	trustees assumes all of the powers and duties assigned to a board of
	trustees by law, rule, or regulation.
	(g)  Following the expiration of the period of appointment of
	a board of managers for a district, the commissioner shall provide
	training in effective leadership strategies to the board of
	trustees of the school district.
	SECTION 10.  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 11.  Section 39.106(f), Education Code, is repealed.
	SECTION 12.  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 13.  This Act applies beginning with the 2015-2016
	school year.
	SECTION 14.  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.
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