HBA-JRA S.B. 911 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 911
By: Shapleigh
Public Education
5/12/1999
Engrossed



BACKGROUND AND PURPOSE 

Section 39.073, Education Code, requires an annual review of each school
district and campus in the public school system.  The review evaluates each
district or campus according to indicators set forth in Section 39.051(c),
Education Code (Academic Excellence Indicators).  If a district or campus
does not meet or exceed those standards, it is determined to be
low-performing. 

Section 39.131, Education Code (Sanctions) allows the commissioner of
education (commissioner) to determine what action to take to address a
low-performing campus, and sets forth a list of actions, in order of
severity, from issuing public notice of a deficiency to the board of
trustees of the school district in question to ordering closure of the
campus, if the campus has been assessed as lowperforming for two or more
years. 

S.B. 911 amends Section 39.131, Education Code, to require, rather than
permit, the commissioner to impose one or more of the sanctions on a campus
determined to be low-performing.  This bill would still allow the
commissioner discretion in choosing to appoint a board of managers or
ordering closure of a school program on a low-performing campus. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 39.131, Education Code, by amending Subsection
(b) and adding Subsections (b-1) and (b-2), as follows: 

(b)  Requires, rather than authorizes, the commissioner of education
(commissioner)  to take certain actions regarding low-performing schools. 

(b-1)  Creates this subsection from existing text  of (b)(6) to specify
that the appointment of a  board of managers to exercise the powers and
duties of the board of trustees of the district in relation to a campus
that has been a low-performing campus for one year or more is at the
discretion of the commissioner. 

(b-2)  Creates this subsection from existing text of (b)(7) to specify that
the closure of a school program on a campus that has been a low-performing
campus for one year or more is at the discretion of the commissioner. 

SECTION 2.  Provides that this Act applies with the beginning of the
1999-2000 school year. 

SECTION 3. Emergency clause.
  Effective date: upon passage.