: Texas Register Preamble

Texas Register Preamble

later than the school year after the third consecutive school year of unacceptable performance; TEC, §39A.107, which allows the commissioner to approve a turnaround plan only if the commissioner determines implementing the plan will result in satisfaction of performance standards by the conclusion of the second year after implementation. In the absence of approving a turnaround plan, the commissioner must order alternative management of the campus or closure of the campus or appoint of a board of managers for the district; TEC, §39A.108, which authorizes the school district to take actions to implement the turnaround plan once approved by the commissioner; TEC, §39A.109, which authorizes a school district to receive assistance from a regional education service center or an institution of higher education in developing and implementing a campus turnaround plan; TEC, §39A.110, which provides options regarding the use of a campus turnaround plan if the campus receives an acceptable rating for the school year following the school year that required the development of the plan; TEC, §39A.111, which requires the commissioner to either close a campus or appoint a board of managers if a campus reaches five consecutive years of unacceptable performance; TEC, §39A.112, which authorizes the commissioner to establish the time and manner for a parent petition to direct the sanction imposed based on five consecutive years of unacceptable campus performance and allows the commissioner to order the sanction requested by a board of trustees submitted in rebuttal to a parent-submitted sanction directive; TEC, §39A.113, which establishes parameters around repurposing a campus site when the campus was ordered closed; TEC, §39A.114, which allows the commissioner to require a district to contract for targeted technical assistance at a campus under certain circumstances; TEC, §39A.115, which authorizes the commissioner to adopt rules to implement TEC, Chapter 39A, Subchapter C, Campus Turnaround Plan; TEC, §39A.151, which establishes process and eligible entities for alternative management; TEC, §39A.152, which establishes qualifications for a managing entity for alternative management; TEC, §39A.153, which establishes terms of the contract with the managing entity for alternative management; TEC, §39A.154, which authorizes the commissioner to extend an alternative management contract and to approve terms of the contract; TEC, §39A.155, which establishes the evaluation of a managing entity for alternative management; TEC, §39A.156, which establishes when an alternative management contract must be cancelled; TEC, §39A.157, which establishes when management of a campus returns to the school district; TEC, §39A.158, which requires accountability to apply to a campus managed under alternative management; TEC, §39A.159, which requires certain minimum funding for a campus under alternative management; TEC, §39A.160, which applies open meeting and public record requirements to a managing entity; TEC, §39A.161, which authorizes commissioner to adopt rules to implement TEC, Chapter 39A, Subchapter D, Alternative Management; TEC, §39A.201, which authorizes a board of managers to exercise all duties of a board of trustees; TEC, §39A.202, which suspends the powers of a board of trustees when a board of managers is appointed by the commissioner, authorizes the commissioner to appoint a superintendent, makes explicit that a board of managers may amend the budget, and applies TEC, Chapter 39A, to a district governed by a board of managers; TEC, §39A.203, which suspends the powers of a board of trustees regarding a campus when a board of managers for the campus is appointed by the commissioner, authorizes the commissioner to appoint a principal, and authorizes the commissioner to approve a campus board of managers's request for budget amendments; TEC, §39A.204, which requires, if possible, for a board of managers to include community leaders, business representatives, and experts in the field of education; TEC, §39A.205, which requires the commissioner to provide training for a board of managers; TEC, §39A.206, which authorizes compensation for a board of managers in certain circumstances; TEC, §39A.207, which authorizes the commissioner to replace a member of the board of managers when appointed under TEC, Chapter 39, Subchapter C, Accreditation; TEC, §39A.208, which requires that a board of managers transition back to a board of trustees over the last three years of the board of managers appointment, as close to one-third of the members at a time as possible; requires the board of managers to continue to call for elections of board of trustees although the board of trustees's authority is suspended; and requires that a board of trustees may only be restored if the members were elected under an election called by the board of managers; TEC, §39A.209, which allows a board of managers to be removed only after the campus has two consecutive years of acceptable performance; authorizes replacement of an appointed board of managers; and authorizes a conservator or monitor once the board of managers is removed; TEC, §39A.251, which imposes interventions and sanctions on open-enrollment charter schools the same as on school districts; TEC, §39A.252, which requires the commissioner to adopt rules for imposing interventions and sanctions on open-enrollment charter schools; TEC, §39A.253, which grants charter school hearings only under TEC, Chapter 39 or Chapter 12, not both; TEC, §39A.254, which authorizes the commissioner to require the development of a campus improvement plan in certain circumstances; TEC, §39A.255, which authorizes the commissioner to develop rules regarding the application of turnaround plans to open-enrollment charter schools; TEC, §39A.256, which authorizes the appointment of a board of managers for an open-enrollment charter school; TEC, §39A.257, which authorizes the appointment of a superintendent for an open-enrollment charter school; TEC, §39A.258, which authorizes the commissioner to remove a person from a charter board of managers at any time; TEC, §39A.259, which authorizes the commissioner to provide compensation to a charter board of managers or appointed superintendent; TEC, §39A.260, which establishes immunity for charter boards of managers and appointed superintendents; TEC, §39A.301, which establishes the exclusive challenge process for a decision by the commissioner to order closure of a district or campus or alternative management of a campus; TEC, §39A.901, which requires annual review of performance by the commissioner and increasing severity of intervention for lack of progress; TEC, §39A.902, which allows the commissioner to require a campus or district to acquire professional services to address certain deficiencies, including requiring board of trustees members to participate in professional services to address governance deficiencies; TEC, §39A.903, which requires districts to pay for the costs of certain interventions; TEC, §39A.904, which establishes immunity for those acting on behalf of the commissioner in implementing interventions and sanctions; TEC, §39A.905, which prohibits the commissioner from requiring a campus name change during certain interventions; TEC, §39A.906, which is a transitional provision that establishes which years to count for imposing certain interventions; and TEC, §39A.907, which establishes a special student recovery program that may be required of certain districts.

CROSS REFERENCE TO STATUTE. The amendments implement the Texas Education Code (TEC), §§39.057, as amended by Senate Bill (SB) 7 and SB 1488, 85th Texas Legislature, Regular Session, 2017; 39.102, as amended by House Bill (HB) 1553 and SB 1566, 85th Texas Legislature, Regular Session, 2017; 39A.001-39A.007; 39A.051-39A.059; 39A.060, recodified from TEC, §39.106, as amended by HB 2263, 85th Texas Legislature, Regular Session, 2017; 39A.061-39A.063; 39A.101-39A.115; 39A.151-39A.161; 39A.201-39A.209; 39A.251-39A.260; 39A.301; and 39A.901-39A.907.

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