81R9564 KKA-D
By: Lewis H.B. No. 2403
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition of certain sanctions against public
school districts and campuses based solely on student performance
on assessment instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 39, Education Code, is
amended by adding Section 39.140 to read as follows:
Sec. 39.140. SANCTIONS BASED SOLELY ON ASSESSMENT
INSTRUMENT RESULTS PROHIBITED. (a) Notwithstanding any other
provision of this subchapter, but subject to Subsection (b), the
commissioner may not take action under this subchapter against a
school district or campus based solely on the performance of the
district or campus on an academic excellence indicator described by
Section 39.051(b)(1) or (8).
(b) The commissioner may take action under:
(1) Section 39.131(a)(1) or (2) based solely on the
performance of a school district on an academic excellence
indicator described by Section 39.051(b)(1) or (8); or
(2) Section 39.132(1) or (2) based solely on the
performance of a campus on an academic excellence indicator
described by Section 39.051(b)(1) or (8).
SECTION 2. Section 39.140, Education Code, as added by this
Act, does not affect the authority of the commissioner of education
to continue any action authorized under Subchapter G, Chapter 39,
Education Code, that was initiated before the effective date of
this Act.
SECTION 3. 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, 2009.