Bill Text: TX HB1798 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to local control school districts.
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Introduced - Dead) 2015-05-13 - Statement(s) of vote recorded in Journal [HB1798 Detail]
Download: Texas-2015-HB1798-Comm_Sub.html
84R24796 MK-F | |||
By: Deshotel, Villalba, Huberty, et al. | H.B. No. 1798 | ||
Substitute the following for H.B. No. 1798: | |||
By: Aycock | C.S.H.B. No. 1798 |
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relating to local control school districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 12, Education Code, is | ||
amended to read as follows: | ||
CHAPTER 12. CHARTERS AND OTHER ALTERNATIVES | ||
SECTION 2. Section 12.001(b), Education Code, is amended to | ||
read as follows: | ||
(b) This chapter shall be applied in a manner that ensures | ||
the fiscal and academic accountability of persons operating | ||
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be applied in a manner that unduly regulates the instructional | ||
methods or pedagogical innovations of [ |
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under this chapter. | ||
SECTION 3. Section 12.0011, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.0011. ALTERNATIVE METHOD OF OPERATION. As an | ||
alternative to operating in the manner generally provided by this | ||
title, an independent school district, a school campus, or an | ||
educational program may choose to operate [ |
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accordance with this chapter. | ||
SECTION 4. Section 12.002, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.002. CLASSES OF ALTERNATIVES [ |
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classes of alternatives [ |
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(1) a local control [ |
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(2) a campus or campus program charter as provided by | ||
Subchapter C; or | ||
(3) an open-enrollment charter as provided by | ||
Subchapter D. | ||
SECTION 5. Subchapter B, Chapter 12, Education Code, is | ||
amended to read as follows: | ||
SUBCHAPTER B. LOCAL CONTROL [ |
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Sec. 12.011. AUTHORIZATION AND STATUS. (a) In accordance | ||
with this subchapter, a school district may adopt a local control | ||
plan [ |
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will operate. | ||
(b) The adoption of a local control plan [ |
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(1) the district's boundaries; or | ||
(2) taxes or bonds of the district authorized before | ||
the effective date of the plan [ |
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Sec. 12.012. APPLICABILITY OF LAWS AND RULES TO LOCAL | ||
CONTROL [ |
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and rules governing school districts, except that a local control | ||
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(1) this code only to the extent that the | ||
applicability to a local control [ |
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provision of this code is specifically provided; | ||
(2) a rule adopted under this code by the State Board | ||
of Education or the commissioner only if the code provision | ||
authorizing the rule specifically applies to a local control | ||
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(3) all requirements of federal law and applicable | ||
court orders relating to eligibility for and the provision of | ||
special education and bilingual programs. | ||
(b) An employee of a local control [ |
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district who qualifies for membership in the Teacher Retirement | ||
System of Texas shall be covered under the system in the same manner | ||
and to the same extent as a qualified employee employed by an | ||
independent school district is covered. | ||
(c) This section does not permit a local control [ |
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school district to discriminate against a student who has been | ||
diagnosed as having a learning disability, including dyslexia or | ||
attention deficit/hyperactivity disorder. Discrimination | ||
prohibited by this subsection includes denial of placement in a | ||
gifted and talented program if the student would otherwise be | ||
qualified for the program but for the student's learning | ||
disability. This section does not permit a local control | ||
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status, learning disability, or family support status, place a | ||
student in a program other than the highest-level program necessary | ||
to ensure the student's success. | ||
Sec. 12.0121. IMMUNITY FROM LIABILITY. In matters related | ||
to the operation of a local control school district, a local control | ||
school district is immune from liability to the same extent as an | ||
independent school district, and its employees and volunteers are | ||
immune from liability to the same extent as independent school | ||
district employees and volunteers. A member of the governing body | ||
of a local control school district is immune from liability to the | ||
same extent as an independent school district trustee. | ||
Sec. 12.013. APPLICABILITY OF TITLE. (a) A local control | ||
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to school districts and school district boards of trustees under | ||
this title, including taxing authority. | ||
(b) A local control [ |
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to: | ||
(1) a provision of this title establishing a criminal | ||
offense; | ||
(2) a provision of this title relating to limitations | ||
on liability; and | ||
(3) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) educator certification under Chapter 21, | ||
confidentiality of performance evaluations under Section 21.355, | ||
and educator rights under Sections 21.407, 21.408, and 22.001; | ||
(C) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(D) student admissions under Section 25.001; | ||
(E) school attendance under Sections 25.085, | ||
25.086, and 25.087; | ||
(F) inter-district or inter-county transfers of | ||
students under Subchapter B, Chapter 25, and transfers of students | ||
under Sections 25.0341 and 25.0342; | ||
(G) the required curriculum under Section 28.002 | ||
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(H) high school graduation under Section 28.025; | ||
(I) special education programs under Subchapter | ||
A, Chapter 29; | ||
(J) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(K) prekindergarten programs under Subchapter E, | ||
Chapter 29; | ||
(L) safety provisions relating to the | ||
transportation of students under Sections 34.002, 34.003, 34.004, | ||
and 34.008; | ||
(M) computation and distribution of state aid | ||
under Chapters 31, 42, [ |
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(N) extracurricular activities under Section | ||
33.081; | ||
(O) restrictions under Section 37.0021 on the use | ||
with students of confinement, restraint, seclusion, and time-out; | ||
(P) health and safety under Chapter 38; | ||
(Q) [ |
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Subchapters B, C, D, E, F, and J, Chapter 39; | ||
(R) [ |
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(S) [ |
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under Chapters 42, 43, and 45; and | ||
(T) [ |
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Sec. 12.0131. APPLICABILITY OF ELECTION CODE. The Election | ||
Code, including Title 15, Election Code, applies to: | ||
(1) a petition submitted to the board of trustees of a | ||
school district under Section 12.014; and | ||
(2) a local control plan election held under Section | ||
12.019. | ||
Sec. 12.014. APPOINTMENT OF LOCAL CONTROL [ |
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COMMISSION. (a) The board of trustees of a school district shall | ||
appoint a local control [ |
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control plan for the [ |
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(1) the board receives a petition requesting the | ||
appointment of a local control [ |
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local control plan for the [ |
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signed by at least five percent of the registered voters of the | ||
district; or | ||
(2) at least two-thirds of the total membership of the | ||
board adopt a resolution ordering that a local control [ |
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commission be appointed. | ||
(b) A petition submitted under Subsection (a)(1) may | ||
designate one or more persons as lead petitioner. | ||
Sec. 12.0141. REQUIRED STATEMENT FOR PETITION. For a | ||
petition under Section 12.014(a)(1) to be valid, the petition must | ||
include the following, or a substantially similar, statement on | ||
each page of the petition that precedes the space reserved for | ||
signatures: "This petition is to request that a local control | ||
commission be appointed for the purpose of proposing a local | ||
control plan under which (name of school district) will operate if | ||
the plan is approved at an election of voters of the district. The | ||
local control commission will be composed of 15 residents of the | ||
district." | ||
Sec. 12.015. LOCAL CONTROL [ |
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later than the 30th day after the date of [ |
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adoption of a resolution under Section 12.014(a)(2) [ |
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board of trustees of the school district shall appoint 15 residents | ||
of the district to serve on the commission to frame a local control | ||
plan [ |
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(a-1) Not later than the 30th day after the date the board of | ||
trustees of the school district receives a petition under Section | ||
12.014(a)(1), the board shall appoint the following 15 residents of | ||
the district to serve on the commission to frame a local control | ||
plan for the district: | ||
(1) seven residents who are selected by the board; and | ||
(2) eight residents who are selected by the lead | ||
petitioner, provided that the petition designates one or more | ||
persons as lead petitioner. | ||
(b) To the extent practicable, the [ |
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local control [ |
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ethnic[ |
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population of the district of voting age. | ||
(b-1) If the local control commission is appointed in | ||
accordance with Subsection (a), the board shall appoint the | ||
following residents of the district to serve on the commission to | ||
frame a local control plan for the district: | ||
(1) at least eight [ |
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attending public school; | ||
(2) at least two administrators employed by the | ||
district; and | ||
(3) two [ |
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(b-2) If the local control commission is appointed under | ||
Subsection (a-1), and the petition designates one or more persons | ||
as lead petitioner, the board and the lead petitioner shall each | ||
select for the commission: | ||
(1) at least four parents of school-age children | ||
attending public school; | ||
(2) at least one administrator employed by the | ||
district; and | ||
(3) one classroom teacher employed by the district. | ||
(b-3) The board may not refuse to appoint a member of a | ||
commission who is selected by the lead petitioner if the member is | ||
otherwise eligible to serve on the commission. | ||
(b-4) If the local control commission is appointed under | ||
Subsection (a-1), and the petition does not designate one or more | ||
persons as lead petitioner, the board shall appoint the members of | ||
the local control commission in accordance with Subsection (b-1). | ||
(c) The local control [ |
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proposed local control plan [ |
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anniversary of the date of its appointment. After that date, the | ||
commission expires and the appointment under Section 12.014 is | ||
void. | ||
(d) A local control [ |
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this section is considered a governmental body for purposes of | ||
Chapters 551 and 552, Government Code. | ||
(e) A local control commission shall hold at least three | ||
public hearings to allow interested persons to present comments | ||
related to the proposed local control plan developed by the | ||
commission. The commission shall provide notice of each public | ||
hearing to the public. | ||
Sec. 12.016. CONTENT. (a) Each local control plan | ||
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(1) describe the educational program to be offered; | ||
(2) provide that continuation of the local control | ||
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(A) acceptable student performance on assessment | ||
instruments adopted under Subchapter B, Chapter 39; and | ||
(B) compliance with other applicable | ||
accountability provisions under Chapter 39; | ||
(3) specify any basis, in addition to a basis | ||
specified by this subchapter, on which the local control school | ||
district [ |
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plan may be revoked; | ||
(4) describe the governing structure of the district | ||
and campuses; | ||
(5) specify any procedure or requirement, in addition | ||
to those under Chapter 38, that the district will follow to ensure | ||
the health and safety of students and employees; | ||
(6) describe the process by which the district will | ||
adopt an annual budget, including a description of the use of | ||
program-weight funds; | ||
(7) describe the manner in which an annual audit of | ||
financial and programmatic operations of the district is to be | ||
conducted, including the manner in which the district will provide | ||
information necessary for the district to participate in the Public | ||
Education Information Management System (PEIMS) to the extent | ||
required by this subchapter; and | ||
(8) include any other provision the charter commission | ||
considers necessary. | ||
(b) A local control plan may include provisions that impose | ||
requirements on the district that are similar or identical to | ||
federal or state laws that a local control school district is not | ||
otherwise subject to under Section 12.012. A requirement imposed | ||
under this subsection is not a school law of this state for purposes | ||
of Section 7.057 and does not create an entitlement to a hearing | ||
under Subchapter F or G, Chapter 21. | ||
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Sec. 12.018. LEGAL REVIEW. The local control [ |
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commission shall submit the proposed local control plan [ |
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to the commissioner. As soon as practicable, but not later than the | ||
30th day after the date the commissioner receives the proposed | ||
local control plan [ |
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proposed local control plan [ |
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local control plan [ |
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shall recommend to the local control [ |
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modifications necessary. If the commissioner does not act within | ||
the prescribed time, the proposed local control plan [ |
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approved. | ||
Sec. 12.019. LOCAL CONTROL PLAN [ |
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soon as practicable after approval of a proposed local control plan | ||
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of trustees of the district shall order an election on the proposed | ||
local control plan [ |
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(b) The proposed local control plan [ |
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submitted to the voters of the district at an election to be held on | ||
the first uniform election date in November of an even-numbered | ||
year that occurs at least 78 [ |
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board of trustees orders the election. | ||
(c) At least three copies of the proposed local control plan | ||
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the district and at the district's central administrative office | ||
between the date of the election order and election day. Notice of | ||
the election must include a statement of where and how copies may be | ||
obtained or viewed. A summary of the content of the proposed local | ||
control plan [ |
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also shall be made available to school district employees, parents, | ||
community members, and members of the media. | ||
(d) The ballot shall be printed to permit voting for or | ||
against the proposition "Whether the (name of school district) | ||
School District shall be governed under the local control plan | ||
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control [ |
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under which only certain laws and rules apply to the district." | ||
Sec. 12.020. LOCAL CONTROL PLAN [ |
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At any time after the fourth year that a school district has | ||
operated under a local control plan, the [ |
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local control [ |
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submit a proposed [ |
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that complies with this subchapter to the commissioner for legal | ||
review. | ||
(b) A petition to amend a local control plan may be | ||
submitted to the governing body of the district at any time after | ||
the fourth year that the district has operated under the local | ||
control plan. On receipt of a petition, the [ |
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shall submit a proposed [ |
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subchapter to the commissioner for legal review if the [ |
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is signed by at least five percent of the registered voters of the | ||
district. The petition must designate one or more persons as lead | ||
petitioner. | ||
(c) As soon as practicable, but not later than the 30th day | ||
after the date on which the requirements [ |
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Subsection (a) or (b) are satisfied, the commissioner shall review | ||
the proposed amendment to ensure that the proposed amendment | ||
complies with any applicable laws and shall recommend any | ||
modifications necessary. If the commissioner does not act within | ||
the prescribed time, the proposed [ |
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(d) As soon as practicable after commissioner review under | ||
Subsection (c), the governing body of the district shall order an | ||
election on the proposed amendment. | ||
(e) An election under this section shall be held on the | ||
first uniform election date in November of an even-numbered year | ||
that occurs at least 78 [ |
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ordered. | ||
(f) Notice of the election must include a substantial copy | ||
of the proposed [ |
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(g) An [ |
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contain more than one subject. | ||
(h) The ballot shall be prepared so that a voter may approve | ||
or disapprove any one or more [ |
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control plan without having to approve or disapprove all of the | ||
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(i) The governing body may not order an election on a | ||
proposed [ |
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the first anniversary of the date of any previous election to amend | ||
the plan [ |
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Sec. 12.021. ADOPTION OF LOCAL CONTROL PLAN [ |
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local control plan [ |
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proposed [ |
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approved by a majority of the qualified voters of the district | ||
voting at an election held for that purpose. | ||
(b) A local control plan [ |
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a local control plan shall specify an effective date, which may not | ||
be earlier than the end of the school year during which the election | ||
to adopt a local control plan or amendment to a local control plan | ||
occurs. A local control plan or amendment to a local control plan | ||
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or governing body of the school district enters an order declaring | ||
that the plan [ |
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board of trustees or governing body shall enter an order not later | ||
than the 10th day after the date the canvass of the election returns | ||
is completed. | ||
(c) As soon as practicable after a school district adopts a | ||
local control plan or amendment to a local control plan [ |
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trustees or governing body shall notify the commissioner of the | ||
outcome of the election. | ||
Sec. 12.022. [ |
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governing structure. | ||
(b) In conformity with the local control plan, the governing | ||
body of the [ |
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(1) create offices; | ||
(2) determine the time and method for selecting | ||
officers; [ |
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(3) prescribe the qualifications and duties of | ||
officers; and | ||
(4) prescribe procedures to recall or remove members | ||
or officers. | ||
(c) Subject to Subsection (b)(4), the [ |
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member of the governing body [ |
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determined under Section 11.059. | ||
Sec. 12.023 [ |
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adoption, amendment, or revocation of a local control plan | ||
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governing body of the school district, the members of the governing | ||
body serving on the date the adoption, amendment, or revocation | ||
takes effect continue in office until their successors are chosen | ||
and have qualified for office. | ||
Sec. 12.024 [ |
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REVOCATION OF LOCAL CONTROL PLAN [ |
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district on probation or revoke the local control plan [ |
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(1) committed a material violation of the local | ||
control plan [ |
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(2) failed to satisfy generally accepted accounting | ||
standards of fiscal management; or | ||
(3) failed to comply with this subchapter or other | ||
applicable federal or state law or rule. | ||
(b) The action the commissioner [ |
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Subsection (a) shall be based on the best interest of district | ||
students, the severity of the violation, and any previous violation | ||
the district has committed. | ||
(c) A district whose local control plan [ |
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shall operate under the other provisions of Title 1 and this title | ||
that apply to school districts. | ||
Sec. 12.025 [ |
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OR REVOCATION. (a) The commissioner [ |
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rule shall adopt a procedure to be used for placing a local control | ||
school district on probation or revoking a local control plan | ||
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(b) The procedure adopted under Subsection (a) must provide | ||
an opportunity for a hearing to the district and to parents of | ||
district students. A hearing under this subsection must be held in | ||
the district. | ||
Sec. 12.026 [ |
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ANNEXATION OR CONSOLIDATION. (a) If a school district is annexed | ||
to another district under Chapter 13, and only one of the districts | ||
has a local control [ |
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status[ |
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receiving district is the status for both districts following | ||
annexation. | ||
(b) Except as provided by Subchapter H, Chapter 41, if two | ||
or more school districts having different status, one of which is | ||
local control [ |
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a single district, the petition under Section 13.003 initiating the | ||
consolidation must state the status for the consolidated district. | ||
The ballot shall be printed to permit voting for or against the | ||
proposition: "Consolidation of (names of school districts) into a | ||
single school district governed as (status of school district | ||
specified in the petition)." | ||
Sec. 12.027 [ |
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(b) The governing body of the district shall order an | ||
election on the question of rescinding a local control plan | ||
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(1) the governing body receives a petition requesting | ||
a rescission election signed by at least five percent of the | ||
registered voters of the district; or | ||
(2) at least two-thirds of the total membership of the | ||
governing body adopt a resolution ordering that a rescission | ||
election be held. | ||
(c) As soon as practicable after the date of receipt or | ||
adoption of a resolution under Subsection (b), the governing body | ||
shall order an election. | ||
(d) The proposition to rescind the local control plan | ||
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voters of the district at an election to be held on the first | ||
uniform election date in November of an even-numbered year that | ||
occurs at least 78 [ |
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body orders the election. | ||
(e) The ballot shall be printed to permit voting for or | ||
against the proposition: "Whether the local control plan [ |
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rescinded so that the school district becomes an independent school | ||
district." | ||
(f) A local control plan [ |
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the qualified voters of the district voting at an election held for | ||
that purpose [ |
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(g) The rescission takes effect on a date established by | ||
resolution of the governing body but not earlier than the end of the | ||
school year during which the election to rescind the local control | ||
plan occurs [ |
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election, the governing body shall notify the commissioner and the | ||
secretary of state of the results of the election and of the | ||
effective date of the rescission. | ||
(h) The rescission of a local control plan [ |
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(1) the district's boundaries; or | ||
(2) taxes or bonds of the district authorized before | ||
the effective date of the rescission. | ||
SECTION 6. Section 12.051(2), Education Code, is amended to | ||
read as follows: | ||
(2) "Board" and "board of trustees" mean the board of | ||
trustees of a school district or the governing body of a local | ||
control [ |
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SECTION 7. Section 12.052(a), Education Code, is amended to | ||
read as follows: | ||
(a) In accordance with this subchapter, the board of | ||
trustees of a school district or the governing body of a local | ||
control [ |
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public vote of the board of trustees or governing body, a charter to | ||
parents and teachers for a campus or a program on a campus if the | ||
board is presented with a petition signed by: | ||
(1) the parents of a majority of the students at that | ||
school campus; and | ||
(2) a majority of the classroom teachers at that | ||
school campus. | ||
SECTION 8. Section 12.0521(a), Education Code, is amended | ||
to read as follows: | ||
(a) Notwithstanding Section 12.052, in accordance with this | ||
subchapter and in the manner provided by this section, the board of | ||
trustees of a school district or the governing body of a local | ||
control [ |
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(1) a new district campus; or | ||
(2) a program that is operated: | ||
(A) by an entity that has entered into a contract | ||
with the district under Section 11.157 to provide educational | ||
services to the district through the campus or program; and | ||
(B) at a facility located in the boundaries of | ||
the district. | ||
SECTION 9. Section 12.0522(a), Education Code, is amended | ||
to read as follows: | ||
(a) Notwithstanding Section 12.052, in the manner provided | ||
by this section, the board of trustees of a school district or the | ||
governing body of a local control [ |
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grant a district charter to a campus to the extent authorized under | ||
this section. | ||
SECTION 10. Section 12.101(a), Education Code, is amended | ||
to read as follows: | ||
(a) In accordance with this subchapter, the commissioner | ||
may grant a charter on the application of an eligible entity for an | ||
open-enrollment charter school to operate in a facility of a | ||
commercial or nonprofit entity, an eligible entity, or a school | ||
district, including a local control [ |
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In this subsection, "eligible entity" means: | ||
(1) an institution of higher education as defined | ||
under Section 61.003; | ||
(2) a private or independent institution of higher | ||
education as defined under Section 61.003; | ||
(3) an organization that is exempt from taxation under | ||
Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section | ||
501(c)(3)); or | ||
(4) a governmental entity. | ||
SECTION 11. Sections 22.003(d) and (e), Education Code, are | ||
amended to read as follows: | ||
(d) A school district employee with available personal | ||
leave under this section is entitled to use the leave for | ||
compensation during a term of active military service. This | ||
subsection applies to any personal or sick leave available under | ||
former law or provided by local policy of a school district, | ||
including a local control [ |
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(e) A school district, including a local control | ||
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paid leave of absence of employees taking leave for active military | ||
service as part of the consideration of employment by the district. | ||
SECTION 12. Section 37.007(e), Education Code, is amended | ||
to read as follows: | ||
(e) In accordance with 20 U.S.C. Section 7151, a local | ||
educational agency, including a school district, local control | ||
[ |
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shall expel a student who brings a firearm, as defined by 18 U.S.C. | ||
Section 921, to school. The student must be expelled from the | ||
student's regular campus for a period of at least one year, except | ||
that: | ||
(1) the superintendent or other chief administrative | ||
officer of the school district or of the other local educational | ||
agency, as defined by 20 U.S.C. Section 7801, may modify the length | ||
of the expulsion in the case of an individual student; | ||
(2) the district or other local educational agency | ||
shall provide educational services to an expelled student in a | ||
disciplinary alternative education program as provided by Section | ||
37.008 if the student is younger than 10 years of age on the date of | ||
expulsion; and | ||
(3) the district or other local educational agency may | ||
provide educational services to an expelled student who is 10 years | ||
of age or older in a disciplinary alternative education program as | ||
provided in Section 37.008. | ||
SECTION 13. Section 37.022(a)(2), Education Code, is | ||
amended to read as follows: | ||
(2) "District or school" includes an independent | ||
school district, a local control [ |
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campus or campus program charter holder, or an open-enrollment | ||
charter school. | ||
SECTION 14. Section 38.152, Education Code, is amended to | ||
read as follows: | ||
Sec. 38.152. APPLICABILITY. This subchapter applies to an | ||
interscholastic athletic activity, including practice and | ||
competition, sponsored or sanctioned by: | ||
(1) a school district, including a local control | ||
[ |
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school for which a charter has been granted under Chapter 12; or | ||
(2) the University Interscholastic League. | ||
SECTION 15. Section 38.157(c), Education Code, is amended | ||
to read as follows: | ||
(c) The school district superintendent or the | ||
superintendent's designee or, in the case of a local control | ||
[ |
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person who serves the function of superintendent or that person's | ||
designee shall supervise an athletic trainer or other person | ||
responsible for compliance with the return-to-play protocol. The | ||
person who has supervisory responsibilities under this subsection | ||
may not be a coach of an interscholastic athletics team. | ||
SECTION 16. Section 38.158(f), Education Code, is amended | ||
to read as follows: | ||
(f) Each person described by Subsection (c) must submit | ||
proof of timely completion of an approved course in compliance with | ||
Subsection (e) to the school district superintendent or the | ||
superintendent's designee or, in the case of a local control | ||
[ |
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person who serves the function of a superintendent or that person's | ||
designee. | ||
SECTION 17. Section 39.102(a), Education Code, is amended | ||
to read as follows: | ||
(a) If a school district does not satisfy the accreditation | ||
criteria under Section 39.052, the academic performance standards | ||
under Section 39.053 or 39.054, or any financial accountability | ||
standard as determined by commissioner rule, the commissioner shall | ||
take any of the following actions to the extent the commissioner | ||
determines necessary: | ||
(1) issue public notice of the deficiency to the board | ||
of trustees; | ||
(2) order a hearing conducted by the board of trustees | ||
of the district for the purpose of notifying the public of the | ||
insufficient performance, the improvements in performance expected | ||
by the agency, and the interventions and sanctions that may be | ||
imposed under this section if the performance does not improve; | ||
(3) order the preparation of a student achievement | ||
improvement plan that addresses each student achievement indicator | ||
under Section 39.053(c) for which the district's performance is | ||
insufficient, the submission of the plan to the commissioner for | ||
approval, and implementation of the plan; | ||
(4) order a hearing to be held before the commissioner | ||
or the commissioner's designee at which the president of the board | ||
of trustees of the district and the superintendent shall appear and | ||
explain the district's low performance, lack of improvement, and | ||
plans for improvement; | ||
(5) arrange an on-site investigation of the district; | ||
(6) appoint an agency monitor to participate in and | ||
report to the agency on the activities of the board of trustees or | ||
the superintendent; | ||
(7) appoint a conservator to oversee the operations of | ||
the district; | ||
(8) appoint a management team to direct the operations | ||
of the district in areas of insufficient performance or require the | ||
district to obtain certain services under a contract with another | ||
person; | ||
(9) if a district has a current accreditation status | ||
of accredited-warned or accredited-probation, fails to satisfy any | ||
standard under Section 39.054(e), or fails to satisfy financial | ||
accountability standards as determined by commissioner rule, | ||
appoint a board of managers to exercise the powers and duties of the | ||
board of trustees; | ||
(10) if for two consecutive school years, including | ||
the current school year, a district has received an accreditation | ||
status of accredited-warned or accredited-probation, has failed to | ||
satisfy any standard under Section 39.054(e), or has failed to | ||
satisfy financial accountability standards as determined by | ||
commissioner rule, revoke the district's accreditation and: | ||
(A) order closure of the district and annex the | ||
district to one or more adjoining districts under Section 13.054; | ||
or | ||
(B) in the case of a local control [ |
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school district or open-enrollment charter school, order closure of | ||
all programs operated under the district's local control plan or | ||
school's charter; or | ||
(11) if a district has failed to satisfy any standard | ||
under Section 39.054(e) due to the district's dropout rates, impose | ||
sanctions designed to improve high school completion rates, | ||
including: | ||
(A) ordering the development of a dropout | ||
prevention plan for approval by the commissioner; | ||
(B) restructuring the district or appropriate | ||
school campuses to improve identification of and service to | ||
students who are at risk of dropping out of school, as defined by | ||
Section 29.081; | ||
(C) ordering lower student-to-counselor ratios | ||
on school campuses with high dropout rates; and | ||
(D) ordering the use of any other intervention | ||
strategy effective in reducing dropout rates, including mentor | ||
programs and flexible class scheduling. | ||
SECTION 18. Section 42.152(c), Education Code, is amended | ||
to read as follows: | ||
(c) Funds allocated under this section shall be used to fund | ||
supplemental programs and services designed to eliminate any | ||
disparity in performance on assessment instruments administered | ||
under Subchapter B, Chapter 39, or disparity in the rates of high | ||
school completion between students at risk of dropping out of | ||
school, as defined by Section 29.081, and all other students. | ||
Specifically, the funds, other than an indirect cost allotment | ||
established under State Board of Education rule, which may not | ||
exceed 45 percent, may be used to meet the costs of providing a | ||
compensatory, intensive, or accelerated instruction program under | ||
Section 29.081 or a disciplinary alternative education program | ||
established under Section 37.008, to pay the costs associated with | ||
placing students in a juvenile justice alternative education | ||
program established under Section 37.011, or to support a program | ||
eligible under Title I of the Elementary and Secondary Education | ||
Act of 1965, as provided by Pub. L. No. 103-382 and its subsequent | ||
amendments, and by federal regulations implementing that Act, at a | ||
campus at which at least 40 percent of the students are | ||
educationally disadvantaged. In meeting the costs of providing a | ||
compensatory, intensive, or accelerated instruction program under | ||
Section 29.081, a district's compensatory education allotment | ||
shall be used for costs supplementary to the regular education | ||
program, such as costs for program and student evaluation, | ||
instructional materials and equipment and other supplies required | ||
for quality instruction, supplemental staff expenses, salary for | ||
teachers of at-risk students, smaller class size, and | ||
individualized instruction. A local control [ |
||
district or an open-enrollment charter school must use funds | ||
allocated under Subsection (a) for a purpose authorized in this | ||
subsection but is not otherwise subject to Subchapter C, Chapter | ||
29. For purposes of this subsection, a program specifically | ||
designed to serve students at risk of dropping out of school, as | ||
defined by Section 29.081, is considered to be a program | ||
supplemental to the regular education program, and a district may | ||
use its compensatory education allotment for such a program. | ||
SECTION 19. Section 41.0052, Election Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) A school district or local control school district | ||
that holds its general election for officers on a date other than | ||
the November uniform election date of an even-numbered year may | ||
change the date on which it holds its general election for officers | ||
to the November uniform election date by adopting a local control | ||
plan or an amendment to a local control plan under Subchapter B, | ||
Chapter 12, Education Code. | ||
SECTION 20. Section 7.102(c)(8), Education Code, is | ||
repealed. | ||
SECTION 21. 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. |