Bill Text: TX HB1536 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to state interventions and sanctions against public school campuses with unacceptable performance and the establishment of the Texas Opportunity School District.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Introduced - Dead) 2015-05-12 - Committee report sent to Calendars [HB1536 Detail]
Download: Texas-2015-HB1536-Comm_Sub.html
84R27201 E | |||
By: Dutton, Schaefer, Riddle, | H.B. No. 1536 | ||
King of Hemphill, Huberty, et al. | |||
Substitute the following for H.B. No. 1536: | |||
By: Aycock | C.S.H.B. No. 1536 |
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relating to state interventions and sanctions against public school | ||
campuses with unacceptable performance and the establishment of the | ||
Texas Opportunity School District. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 11, Education Code, is amended by adding | ||
Subchapter I to read as follows: | ||
SUBCHAPTER I. TEXAS OPPORTUNITY SCHOOL DISTRICT | ||
Sec. 11.401. TEXAS OPPORTUNITY SCHOOL DISTRICT | ||
ESTABLISHED. (a) The Texas Opportunity School District is | ||
established as a school district under this code and an | ||
intermediate educational unit under 34 C.F.R. Section 222.50 for | ||
the purpose of educating students attending a campus placed in the | ||
jurisdiction of the opportunity school district under Chapter 39. | ||
(b) In this subchapter, "prior system" means the | ||
independent school district from which a campus is transferred to | ||
the jurisdiction of the opportunity school district. | ||
(b-1) Notwithstanding any other provision of law, only a | ||
campus of an independent school district with 24 or more elementary | ||
campuses may be transferred to the jurisdiction of the opportunity | ||
school district. | ||
(c) The commissioner shall select the superintendent of the | ||
opportunity school district. The superintendent shall report to | ||
the commissioner under a written contract for services. | ||
(d) The opportunity school district does not have authority | ||
to impose taxes but has authority to seek and expend federal funding | ||
and grant funding and to otherwise seek, obtain, and expend funding | ||
with the same authority as an independent school district. | ||
(e) Subject to the requirements of this subchapter and | ||
Section 39.1071, the opportunity school district may provide for | ||
the supervision, management, and operation of each campus placed in | ||
the opportunity school district's jurisdiction and receive, | ||
control, and expend the local, state, and federal funding | ||
attributable to that campus, with all the same power and authority | ||
as the prior system and with any other power or authority otherwise | ||
granted by law. | ||
(f) The opportunity school district is entitled to the same | ||
level of services provided to other school districts by regional | ||
education service centers, and to participate in any state program | ||
available to school districts, including a purchasing program. | ||
(g) The opportunity school district may employ such staff as | ||
the superintendent deems necessary. | ||
Sec. 11.402. APPLICABILITY OF LAWS, RULES, AND ORDINANCES | ||
TO OPPORTUNITY SCHOOL DISTRICT. (a) Except as expressly provided | ||
by law, the opportunity school district is subject to federal and | ||
state laws and rules and municipal zoning ordinances governing | ||
school districts. | ||
(b) Except as expressly provided by other law, the | ||
opportunity school district is subject to a provision of this title | ||
to the extent and in the manner that the provision applies to an | ||
open-enrollment charter school under Subchapter D, Chapter 12. | ||
(c) The commissioner shall consider the performance of a | ||
campus under the jurisdiction of the opportunity school district | ||
for purposes of determining the prior system's performance rating | ||
under Section 39.054. | ||
(d) Any requirement of Chapter 551 or 552, Government Code, | ||
or other law concerning open meetings requirements or public | ||
information requirements applies to the opportunity school | ||
district and the superintendent and students of the opportunity | ||
school district to the same extent those requirements apply to any | ||
other school district and the board of trustees and students of the | ||
other school district. | ||
(e) The opportunity school district is not a | ||
special-purpose school district described by Subchapter H. | ||
Sec. 11.403. IMMUNITY. The opportunity school district is | ||
immune from liability to the same extent as any other school | ||
district, and the opportunity school district's employees and | ||
volunteers are immune from liability to the same extent as other | ||
school district employees and volunteers. | ||
Sec. 11.404. MEMBERSHIP IN TEACHER RETIREMENT SYSTEM OF | ||
TEXAS BY OPPORTUNITY SCHOOL DISTRICT EMPLOYEES. (a) An employee of | ||
the opportunity school district who qualifies for membership in the | ||
Teacher Retirement System of Texas is covered under the system to | ||
the same extent a qualified employee of any other school district is | ||
covered. | ||
(b) For each employee of the opportunity school district | ||
covered under the system, the opportunity school district is | ||
responsible for making any contribution that otherwise would be | ||
the legal responsibility of the prior system, and the state is | ||
responsible for making contributions to the same extent it would be | ||
legally responsible if the employee were that of another school | ||
district. | ||
Sec. 11.405. FUNDING OF STUDENTS ENROLLED IN OPPORTUNITY | ||
SCHOOL DISTRICT. (a) Each school year the opportunity school | ||
district is entitled to receive for the education of each student | ||
transferred to the opportunity school district funding under | ||
Chapter 42 in an amount equal to the amount of state and local | ||
funding per student in weighted average daily attendance, including | ||
enrichment funding under Section 42.302, to which the prior system | ||
would be entitled under Chapter 42 for that school year. | ||
(b) The opportunity school district is entitled to funds | ||
that are available to other school districts from the agency or the | ||
commissioner in the form of grants or other discretionary funding. | ||
The opportunity school district is entitled to a pro rata share of | ||
all revenue provided to the prior system from the agency or the | ||
commissioner in the form of grants or other discretionary funding. | ||
(c) The opportunity school district is entitled to share in | ||
the available school fund apportionment and other privileges in the | ||
same manner as the prior system. The opportunity school district | ||
shall report its student attendance and receive funding in the same | ||
manner as any other district. | ||
(d) For purposes of calculating for the prior system | ||
obligations under Chapter 41 and entitlements under Chapter 42, | ||
students transferred to the opportunity school district who would | ||
otherwise have attended the prior system are not included in | ||
calculating the average daily attendance of the prior system. | ||
(e) For purposes of calculating for the prior system | ||
allotments under Chapter 46, students transferred to the | ||
opportunity school district who would otherwise have attended the | ||
prior system are included in calculating the average daily | ||
attendance of the prior system. | ||
(f) The commissioner shall adopt rules necessary to | ||
implement this section. | ||
Sec. 11.406. FACILITIES SUPPORT FOR STUDENTS ENROLLED IN | ||
OPPORTUNITY SCHOOL DISTRICT. (a) The opportunity school district | ||
is entitled to use any school building and any other facility or | ||
property otherwise part of a campus placed in the opportunity | ||
school district that was recognized as part of the facilities or | ||
property of the campus before the campus was placed in the | ||
opportunity school district. The opportunity school district is | ||
also entitled to access to any additional facilities that are | ||
typically available to the campus, its students, and faculty and | ||
staff before the campus was placed in the opportunity school | ||
district. The opportunity school district's use of a school | ||
building, facility, or property may not be restricted, except that | ||
the opportunity school district is responsible for and obligated to | ||
provide for routine maintenance and repair necessary to ensure that | ||
the school building, facility, or property is maintained in as good | ||
an order as when the right of use was acquired by the opportunity | ||
school district. | ||
(b) If a dispute arises between the opportunity school | ||
district and the prior system regarding the maintenance and repair | ||
required under this section, the commissioner or the commissioner's | ||
designee shall determine each entity's responsibilities concerning | ||
the maintenance and repair. | ||
Sec. 11.407. OTHER SUPPORT FOR STUDENTS ENROLLED IN | ||
OPPORTUNITY SCHOOL DISTRICT. (a) The opportunity school district | ||
may require the prior system to provide school support or student | ||
support services for a campus transferred from the prior system's | ||
jurisdiction, including: | ||
(1) school food service; | ||
(2) transportation of: | ||
(A) students who attend the campus placed in the | ||
opportunity school district; and | ||
(B) students who reside in the assigned | ||
attendance zone of the campus placed in the opportunity school | ||
district but who attend a different campus in the prior system; and | ||
(3) student assessment services to determine special | ||
education eligibility that are compliant with all applicable laws | ||
and regulations. | ||
(b) The opportunity school district shall reimburse the | ||
prior system in an amount equal to the actual cost of the services | ||
described in Subsection (a) to the prior system. If a dispute | ||
arises between the opportunity school district and the prior system | ||
regarding the actual cost of services, the commissioner or the | ||
commissioner's designee shall determine the cost to be reimbursed. | ||
Sec. 11.408. EXPENDITURES FOR SUPPORT OF STUDENTS ENROLLED | ||
IN OPPORTUNITY SCHOOL DISTRICT. Funds received by the opportunity | ||
school district under Section 11.405 must be used for the operation | ||
and administration of campuses placed in the opportunity school | ||
district. | ||
Sec. 11.409. OPPORTUNITY DISTRICT CHARTER. (a) The | ||
opportunity school district may grant a district charter under | ||
Section 12.0522 to a campus that has been placed in the opportunity | ||
school district. | ||
(b) The grant of a district charter by the opportunity | ||
school district is not subject to the limitation imposed by Section | ||
12.0522(b). | ||
(c) A campus granted a district charter under this section | ||
is eligible for funding under Section 11.405. Any administrative | ||
costs related to authorizing a district charter under this section | ||
may be paid from funds appropriated to the opportunity school | ||
district, as approved by the superintendent of the opportunity | ||
school district. | ||
SECTION 2. Section 39.106(f), Education Code, is amended to | ||
read as follows: | ||
(f) Notwithstanding any other provision of this subchapter, | ||
if the commissioner determines that a campus for which an | ||
intervention is ordered under Subsection (a) is not fully | ||
implementing the campus intervention team's recommendations or | ||
targeted improvement plan or updated plan, the commissioner may | ||
order the reconstitution of the campus as provided by Section | ||
39.107 or, subject to Section 11.401(b-1), the placement of the | ||
campus in the opportunity school district established by Subchapter | ||
I, Chapter 11. | ||
SECTION 3. The heading to Section 39.107, Education Code, | ||
is amended to read as follows: | ||
Sec. 39.107. RECONSTITUTION, REPURPOSING, ALTERNATIVE | ||
MANAGEMENT, PLACEMENT IN OPPORTUNITY SCHOOL DISTRICT, AND CLOSURE. | ||
SECTION 4. Section 39.107, Education Code, is amended by | ||
amending Subsections (a), (a-1), (c), and (e) and adding Subsection | ||
(a-2) to read as follows: | ||
(a) After a campus has been identified as unacceptable for | ||
two consecutive school years, the commissioner shall determine | ||
whether the district or campus has instituted meaningful change for | ||
the campus, including reconstituting the staff or leadership at the | ||
campus. If the commissioner determines that the district or campus | ||
has instituted meaningful change for the campus, the commissioner | ||
may reevaluate the campus under this subsection following the | ||
conclusion of the subsequent school year. If the commissioner | ||
determines the district or campus has not instituted meaningful | ||
change for the campus, the superintendent of the district may | ||
operate the campus with the same powers and authority granted to the | ||
superintendent of the opportunity school district established | ||
under Subchapter I, Chapter 11, to operate a campus placed in the | ||
jurisdiction of the opportunity school district unless the | ||
commissioner orders one or more of the following: | ||
(1) [ |
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this section; | ||
(2) repurposing of the campus under this section; | ||
(3) alternative management of the campus under this | ||
section; or | ||
(4) placement of the campus in the opportunity school | ||
district, as provided by Section 39.1071. | ||
(a-1) In making a determination regarding action to be taken | ||
under Subsection (a), the commissioner shall consider | ||
recommendations from parents of students enrolled at the campus and | ||
members of the community who reside in the attendance zone of the | ||
campus. | ||
(a-2) In reconstituting a campus, a campus intervention | ||
team shall assist the campus in: | ||
(1) developing an updated targeted improvement plan; | ||
(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. | ||
(c) A campus reconstituted under [ |
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(a) shall implement the updated targeted improvement plan as | ||
approved by the commissioner. The commissioner may appoint a | ||
monitor, conservator, management team, or board of managers to the | ||
district to ensure and oversee 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. | ||
(e) If a campus is considered to have an unacceptable | ||
performance rating for three consecutive school years after an | ||
action is taken to reform the campus [ |
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Subsection (a), the commissioner, subject to Subsection [ |
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(e-2), may only [ |
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(1) repurposing of the campus under this section; | ||
(2) alternative management of the campus under this | ||
section; [ |
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(3) closure of the campus; or | ||
(4) placement of the campus in the opportunity school | ||
district as provided by Section 39.1071. | ||
SECTION 5. Subchapter E, Chapter 39, Education Code, is | ||
amended by adding Sections 39.1071 and 39.1072 to read as follows: | ||
Sec. 39.1071. PLACEMENT OF CAMPUS IN OPPORTUNITY SCHOOL | ||
DISTRICT. (a) In this section, "prior system" has the meaning | ||
assigned by Section 11.401(b). | ||
(b) As provided by Section 39.107, the commissioner, | ||
subject to Section 11.401(b-1), may order the placement of a campus | ||
of an independent school district in the opportunity school | ||
district established under Subchapter I, Chapter 11, except that | ||
the commissioner may not place a campus in the opportunity school | ||
district if: | ||
(1) the commissioner is presented with a valid | ||
petition for alternative action under Section 39.107(e-2); or | ||
(2) the superintendent of the opportunity school | ||
district advises the commissioner that placing the campus in the | ||
opportunity school district is not the best action to be taken at | ||
the campus. | ||
(c) If the commissioner orders placement of a campus in the | ||
opportunity school district, the students assigned to attend the | ||
campus or the students who would have been eligible to attend the | ||
campus if the campus had remained in the prior system may choose to | ||
attend the campus under the jurisdiction of the opportunity school | ||
district or may exercise an option, made available by the prior | ||
system, to attend another campus remaining under the jurisdiction | ||
of the prior system. | ||
(d) Only students who were eligible for enrollment at a | ||
campus under the prior system or who would have been eligible to | ||
enroll at the campus if the campus had remained in the prior system | ||
may attend that campus after the campus is placed in the opportunity | ||
school district. | ||
(e) A campus placed in the opportunity school district is | ||
not required to accept enrollment of a student if enrolling the | ||
student would result in exceeding the capacity of campus | ||
facilities. The opportunity school district shall enroll students | ||
in the following order of priority: | ||
(1) those students who would be eligible to attend the | ||
campus if the campus had remained in the prior system; | ||
(2) if openings for enrollment remain after satisfying | ||
Subdivision (1), those students who would be eligible to attend a | ||
different campus in the prior system from which the campus was | ||
transferred; and | ||
(3) if openings for enrollment remain after satisfying | ||
Subdivisions (1) and (2), those students who would be eligible to | ||
attend any other campus or school district by lottery. | ||
(f) A campus placed in the opportunity school district may | ||
adopt a policy that provides for the exclusion or removal of a | ||
student enrolled at the campus: | ||
(1) who does not reside in the assigned attendance | ||
zone of the campus; and | ||
(2) who engages in or has been subjected to | ||
disciplinary action for conduct described by Section 37.006 or | ||
37.007. | ||
(g) Effective on a date determined by the commissioner after | ||
consulting with the superintendent of the opportunity school | ||
district, a campus that the commissioner has decided to place in the | ||
opportunity school district shall be transferred from the | ||
jurisdiction of the school district to the jurisdiction of the | ||
opportunity school district. On that date, the school district from | ||
which the campus was transferred becomes the prior system. | ||
(h) The campus shall be: | ||
(1) reorganized and reformed, as determined necessary | ||
by the superintendent of the opportunity school district; and | ||
(2) operated by the opportunity school district. | ||
(i) The superintendent of the opportunity school district | ||
or the superintendent's designee has sole discretion to decide | ||
which educators may be retained at a campus placed in the | ||
opportunity school district. If the opportunity school district | ||
does not retain an educator, that educator may be assigned to | ||
another position by the prior system. | ||
(j) For the purposes of any benefit or right requiring | ||
continuous service or based on years of service, the prior system | ||
shall consider the period during which an employee works at the | ||
opportunity school district to be service time with the prior | ||
system if the employee returns to the prior system's employment. | ||
(k) The benefits and privileges of any person employed at a | ||
campus by the opportunity school district who was not employed by | ||
the prior system at the time the campus was placed in the | ||
opportunity school district shall be determined in compliance with | ||
applicable law by the opportunity school district at the time of the | ||
employment. | ||
(l) The opportunity school district shall retain | ||
jurisdiction over any campus placed in the opportunity school | ||
district until the commissioner returns the campus to the prior | ||
system in accordance with Section 39.1072. | ||
(m) On request, the commissioner and the superintendent of | ||
the opportunity school district shall provide information | ||
concerning the new operations and performance of a campus to the | ||
prior system. | ||
(n) A campus operated by the opportunity school district may | ||
change its name only on agreement of the prior system and the | ||
opportunity school district. | ||
(o) The commissioner may adopt rules necessary to implement | ||
this section. | ||
Sec. 39.1072. RETURN OF CAMPUS TO PRIOR SYSTEM. (a) In | ||
this section, "prior system" has the meaning assigned by Section | ||
11.401(b). | ||
(b) The superintendent of the opportunity school district | ||
established under Subchapter I, Chapter 11, or the superintendent's | ||
designee may develop a transition plan for returning a campus | ||
placed in the opportunity school district to the prior system at any | ||
time after the campus has achieved an acceptable or higher | ||
performance rating. The superintendent or the superintendent's | ||
designee shall develop a transition plan for returning a campus | ||
placed in the opportunity school district to the prior system if: | ||
(1) the campus has been identified as acceptable or | ||
higher for three consecutive school years; or | ||
(2) the commissioner orders the superintendent to | ||
develop a transition plan. | ||
(c) The superintendent or the superintendent's designee | ||
shall develop a transition plan for returning a campus placed in the | ||
opportunity school district to the prior system during the eighth | ||
consecutive school year that the campus has operated under the | ||
jurisdiction of the opportunity school district. | ||
(d) The superintendent or the superintendent's designee | ||
must consider the input of parents and other affected stakeholders | ||
in developing a transition plan under Subsection (b) or (c). The | ||
transition plan must include: | ||
(1) details for the operation of the campus by the | ||
prior system, including provisions for the continuation of the | ||
programs that have provided the basis for improved academic | ||
performance by the students, including any charter granted under | ||
Section 11.409; | ||
(2) provisions for the employment status of all | ||
persons employed by the opportunity school district who were not | ||
employed by the prior system at the time the campus was placed in | ||
the opportunity school district; and | ||
(3) provisions for the means and timetable for the | ||
campus's transition and return to the prior system. | ||
(e) The commissioner may order the return of a campus to the | ||
prior system in accordance with the transition plan developed under | ||
Subsection (b) on the recommendation of the opportunity school | ||
district superintendent. | ||
(f) The commissioner shall order the return of a campus to | ||
the prior system not later than the campus's eighth consecutive | ||
school year under the jurisdiction of the opportunity school | ||
district. The commissioner may order the return of the campus to | ||
the prior system under this subsection in accordance with the | ||
transition plan developed under Subsection (c) or may order the | ||
return of the campus in accordance with an improvement plan | ||
submitted by the board of trustees of the prior system. | ||
(g) On request, the commissioner and the superintendent of | ||
the opportunity school district shall provide information | ||
concerning the operations and performance of a campus to the prior | ||
system. | ||
(h) The commissioner may adopt rules necessary to implement | ||
this section. | ||
SECTION 6. Section 39.108, Education Code, is amended to | ||
read as follows: | ||
Sec. 39.108. ANNUAL REVIEW. (a) The commissioner shall | ||
review annually 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. | ||
(b) The review required by Subsection (a) shall form the | ||
basis of the reporting required by Section 39.332(b)(25). | ||
SECTION 7. Section 39.332(b), Education Code, is amended by | ||
adding Subdivision (25) to read as follows: | ||
(25) The report must contain a listing and description | ||
of the status of each campus under the jurisdiction of the | ||
opportunity school district and a summary of the reforms | ||
implemented and progress of the campus. | ||
SECTION 8. Sections 39.107(d) and (e-1), Education Code, | ||
are repealed. | ||
SECTION 9. This Act applies beginning with the 2015-2016 | ||
school year. | ||
SECTION 10. 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. |