SB 1882: A New Frontier

Opportunitiesfor Innovative Partnerships

The Texas Education Code gives school districts a powerful tool to shape educational opportunities available on their campuses. The Education Code Section 11.157 provides generally that a board of trustees of an independent school district can contract with a public or private entity to provide educational services for the district. However, Senate Bill 1882, codified into Texas Education Code Section 11.174, goes further and incentivizes districts to partner with an open-enrollment charter, or with the approval of the TEA Commissioner, institutions of higher education, and private or independent institutions for the operation of a district campus.

Whatare the Benefits of Partnering with an Approved Entity?

A district that enters such a partnership remains entitled to receive their state funding for the partnered campus. However, if funding would be greater as calculated for open-enrollment charter schools, the district is entitled to that additional funding.

For districts looking to turn around an underperforming campus, SB 1882 gives administrators relief from the immediate threat of sanctions. While the Commissioner still has a duty to evaluate these campuses and assign performance ratings, the law prohibits the TEA Commissioner from imposing sanctions or taking actions against the campus for failing to meet academic standards for the first two school years of the partnered campus’ operation. Additionally, these first two years in operation will not be counted against the school as having consecutive years of unacceptable performance ratings.

Further still, districts are finding innovative ways to harness the flexibility provided by SB 1882. For example, this March, Houston ISD’s board of managers voted to approve contracts providing for the operation of four top-performing schools by SB 1882-eligible entities. Local reporting indicated that some parents feel these partnerships will allow already high achieving campuses the autonomy to make student-centered decisions and avoid rigid district mandates intended for lower performing schools.

Findingthe Right Partner for the District

The process of partnering with an open-enrollment charter school or other approved entity can be complex, involving school board approvals, community engagement, and government oversight. When seeking to form an SB 1882 partnership, districts should have a vision that focuses on students’ academic improvement and success. Districts must also set objective criteria for selecting a partnering entity that will help the district realize its vision.

Then, from engaging with parents to addressing concerns in School Board meetings, community buy-in is crucial for success in these partnerships. Finding the right partner to turn a low-performing school around or keep a high performing school innovating will require identifying clear criteria when inviting potential partners to apply with the district. Evaluation and selection are also important steps that will require participation from parents and community members in order to obtain school board approval.

In addition to the application process, a school applying for partnership benefits must remain eligible for the benefits provided in the statute. This includes completing a benefits application, prior approval of the charter authorizing policy, evaluation documentation, and an approved Partnership Performance Contract. However, different types of partnerships may require different documentation for benefit eligibility. Knowing the distinctions and the different types of documentation are key for ensuring districts receive vital benefits.

Key Takeaway

Texas law provides school districts with opportunities to form creative partnerships to help students achieve academic success. These partnerships can also provide incentives for partnered campuses so long as they remain in compliance with the law.

How JCA Law Can Help

JCA Law can assist your district with the process of forming partnerships. From addressing concerns in the community, advising school boards, reviewing operational contracts, and compliance oversight, JCA Law can offer guidance through each step of the process.

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