Texas 2009 - 81st Regular

Texas House Bill HB3 Compare Versions

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1	1	H.B. No. 3
2	2
3	3
4	4	AN ACT
5	5	relating to public school accountability, curriculum, and
6	6	promotion requirements.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 7.009, Education Code, is amended to
9	9	read as follows:
10	10	Sec. 7.009. BEST PRACTICES; CLEARINGHOUSE. (a) In
11	11	coordination with the Legislative Budget Board, the agency shall
12	12	establish an online clearinghouse of information relating to best
13	13	practices of campuses, [and] school districts, and open-enrollment
14	14	charter schools. The agency shall determine the appropriate topic
15	15	categories for which a campus, district, or charter school may
16	16	submit best [regarding instruction, dropout prevention, public
17	17	school finance, resource allocation, and business] practices. To
18	18	the extent practicable, the agency shall ensure that information
19	19	provided through the online clearinghouse is specific, actionable
20	20	information relating to the best practices of high-performing and
21	21	highly efficient campuses, [and school] districts, and
22	22	open-enrollment charter schools and of academically acceptable
23	23	campuses, districts, and open-enrollment charter schools that have
24	24	demonstrated significant improvement in student achievement rather
25	25	than general guidelines relating to campus, [and school] district,
26	26	and open-enrollment charter school operation. The information must
27	27	be accessible by campuses, school districts, open-enrollment
28	28	charter schools, and interested members of the public.
29	29	(b) The agency shall solicit and collect from the
30	30	Legislative Budget Board, centers for education research
31	31	established under Section 1.005, and [exemplary or recognized]
32	32	school districts, campuses, and open-enrollment charter schools[,
33	33	as rated under Section 39.072,] examples of best practices as
34	34	determined by the agency under Subsection (a) [relating to
35	35	instruction, dropout prevention, public school finance, resource
36	36	allocation, and business practices, including best practices
37	37	relating to curriculum, scope and sequence, compensation and
38	38	incentive systems, bilingual education and special language
39	39	programs, compensatory education programs, and the effective use of
40	40	instructional technology, including online courses].
41	41	(c) The agency shall contract for the services of one or
42	42	more third-party contractors to develop, implement, and maintain a
43	43	system of collecting and evaluating the best practices of campuses,
44	44	[and] school districts, and open-enrollment charter schools as
45	45	provided by this section. In addition to any other considerations
46	46	required by law, the agency must consider an applicant's
47	47	demonstrated competence and qualifications in analyzing campus,
48	48	[and] school district, and open-enrollment charter school
49	49	practices in awarding a contract under this subsection.
50	50	(d) The commissioner may purchase from available funds
51	51	curriculum and other instructional tools identified under this
52	52	section to provide for use by school districts and open-enrollment
53	53	charter schools.
54	54	SECTION 2. Section 7.028(a), Education Code, is amended to
55	55	read as follows:
56	56	(a) Except as provided by Section 29.001(5), 29.010(a),
57	57	39.056 [39.074], or 39.057 [39.075], the agency may monitor
58	58	compliance with requirements applicable to a process or program
59	59	provided by a school district, campus, program, or school granted
60	60	charters under Chapter 12, including the process described by
61	61	Subchapter F, Chapter 11, or a program described by Subchapter B, C,
62	62	D, E, F, H, or I, Chapter 29, Subchapter A, Chapter 37, or Section
63	63	38.003, and the use of funds provided for such a program under
64	64	Subchapter C, Chapter 42, only as necessary to ensure:
65	65	(1) compliance with federal law and regulations;
66	66	(2) financial accountability, including compliance
67	67	with grant requirements; and
68	68	(3) data integrity for purposes of:
69	69	(A) the Public Education Information Management
70	70	System (PEIMS); and
71	71	(B) accountability under Chapter 39.
72	72	SECTION 3. Sections 7.056(e) and (f), Education Code, are
73	73	amended to read as follows:
74	74	(e) Except as provided by Subsection (f), a school campus or
75	75	district may not receive an exemption or waiver under this section
76	76	from:
77	77	(1) a prohibition on conduct that constitutes a
78	78	criminal offense;
79	79	(2) a requirement imposed by federal law or rule,
80	80	including a requirement for special education or bilingual
81	81	education programs; or
82	82	(3) a requirement, restriction, or prohibition
83	83	relating to:
84	84	(A) essential knowledge or skills under Section
85	85	28.002 or high school [minimum] graduation requirements under
86	86	Section 28.025;
87	87	(B) public school accountability as provided by
88	88	Subchapters B, C, D, E, and J [G], Chapter 39;
89	89	(C) extracurricular activities under Section
90	90	33.081 or participation in a University Interscholastic League
91	91	area, regional, or state competition under Section 33.0812;
92	92	(D) health and safety under Chapter 38;
93	93	(E) purchasing under Subchapter B, Chapter 44;
94	94	(F) elementary school class size limits, except
95	95	as provided by Section 25.112;
96	96	(G) removal of a disruptive student from the
97	97	classroom under Subchapter A, Chapter 37;
98	98	(H) at-risk programs under Subchapter C, Chapter
99	99	29;
100	100	(I) prekindergarten programs under Subchapter E,
101	101	Chapter 29;
102	102	(J) educator rights and benefits under
103	103	Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
104	104	A, Chapter 22;
105	105	(K) special education programs under Subchapter
106	106	A, Chapter 29;
107	107	(L) bilingual education programs under
108	108	Subchapter B, Chapter 29; or
109	109	(M) the requirements for the first day of
110	110	instruction under Section 25.0811.
111	111	(f) A school district or campus that is required to develop
112	112	and implement a student achievement improvement plan under Section
113	113	39.102 [39.131] or 39.103 [39.132] may receive an exemption or
114	114	waiver under this section from any law or rule other than:
115	115	(1) a prohibition on conduct that constitutes a
116	116	criminal offense;
117	117	(2) a requirement imposed by federal law or rule;
118	118	(3) a requirement, restriction, or prohibition
119	119	imposed by state law or rule relating to:
120	120	(A) public school accountability as provided by
121	121	Subchapters B, C, D, E, and J [G], Chapter 39; or
122	122	(B) educator rights and benefits under
123	123	Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
124	124	A, Chapter 22; or
125	125	(4) textbook selection under Chapter 31.
126	126	SECTION 4. Sections 8.051(b) and (d), Education Code, are
127	127	amended to read as follows:
128	128	(b) Each regional education service center shall annually
129	129	develop and submit to the commissioner for approval a plan for
130	130	improvement. Each plan must include the purposes and description
131	131	of the services the center will provide to:
132	132	(1) campuses assigned an [identified as academically]
133	133	unacceptable performance rating [based on the indicators adopted]
134	134	under Section 39.054 [39.051];
135	135	(2) the lowest-performing campuses in the region; and
136	136	(3) other campuses.
137	137	(d) Each regional education service center shall maintain
138	138	core services for purchase by school districts and campuses. The
139	139	core services are:
140	140	(1) training and assistance in teaching each subject
141	141	area assessed under Section 39.023;
142	142	(2) training and assistance in providing each program
143	143	that qualifies for a funding allotment under Section 42.151,
144	144	42.152, 42.153, or 42.156;
145	145	(3) assistance specifically designed for a school
146	146	district or campus assigned an [rated academically] unacceptable
147	147	performance rating under Section 39.054 [39.072(a) or a campus
148	148	whose performance is considered unacceptable based on the
149	149	indicators adopted under Section 39.051];
150	150	(4) training and assistance to teachers,
151	151	administrators, members of district boards of trustees, and members
152	152	of site-based decision-making committees;
153	153	(5) assistance specifically designed for a school
154	154	district that is considered out of compliance with state or federal
155	155	special education requirements, based on the agency's most recent
156	156	compliance review of the district's special education programs; and
157	157	(6) assistance in complying with state laws and rules.
158	158	SECTION 5. Section 11.001, Education Code, is amended to
159	159	read as follows:
160	160	Sec. 11.001. ACCREDITATION. Each school district must be
161	161	accredited by the agency as provided by Subchapter C [D], Chapter
162	162	39.
163	163	SECTION 6. Section 11.003(d), Education Code, is amended to
164	164	read as follows:
165	165	(d) The commissioner may require a district to enter into a
166	166	cooperative shared services arrangement for administrative
167	167	services if the commissioner determines:
168	168	(1) that the district has failed to satisfy a
169	169	financial accountability standard as determined by commissioner
170	170	rule under Subchapter D [I], Chapter 39; and
171	171	(2) that entering into a cooperative shared services
172	172	arrangement would:
173	173	(A) enable the district to enhance its
174	174	performance on the financial accountability standard identified
175	175	under Subdivision (1); and
176	176	(B) promote the efficient operation of the
177	177	district.
178	178	SECTION 7. Section 11.1511(b), Education Code, is amended
179	179	to read as follows:
180	180	(b) The board shall:
181	181	(1) seek to establish working relationships with other
182	182	public entities to make effective use of community resources and to
183	183	serve the needs of public school students in the community;
184	184	(2) adopt a vision statement and comprehensive goals
185	185	for the district and the superintendent and monitor progress toward
186	186	those goals;
187	187	(3) establish performance goals for the district
188	188	concerning:
189	189	(A) the academic and fiscal performance
190	190	indicators under Subchapters C, D, and J [I], Chapter 39[,
191	191	respectively]; and
192	192	(B) any performance indicators adopted by the
193	193	district;
194	194	(4) ensure that the superintendent:
195	195	(A) is accountable for achieving performance
196	196	results;
197	197	(B) recognizes performance accomplishments; and
198	198	(C) takes action as necessary to meet performance
199	199	goals;
200	200	(5) adopt a policy to establish a district- and
201	201	campus-level planning and decision-making process as required
202	202	under Section 11.251;
203	203	(6) publish an annual educational performance report
204	204	as required under Section 39.306 [39.053];
205	205	(7) adopt an annual budget for the district as
206	206	required under Section 44.004;
207	207	(8) adopt a tax rate each fiscal year as required under
208	208	Section 26.05, Tax Code;
209	209	(9) monitor district finances to ensure that the
210	210	superintendent is properly maintaining the district's financial
211	211	procedures and records;
212	212	(10) ensure that district fiscal accounts are audited
213	213	annually as required under Section 44.008;
214	214	(11) publish an end-of-year financial report for
215	215	distribution to the community;
216	216	(12) conduct elections as required by law;
217	217	(13) by rule, adopt a process through which district
218	218	personnel, students or the parents or guardians of students, and
219	219	members of the public may obtain a hearing from the district
220	220	administrators and the board regarding a complaint;
221	221	(14) make decisions relating to terminating the
222	222	employment of district employees employed under a contract to which
223	223	Chapter 21 applies, including terminating or not renewing an
224	224	employment contract to which that chapter applies; and
225	225	(15) carry out other powers and duties as provided by
226	226	this code or other law.
227	227	SECTION 8. Section 11.201(d), Education Code, is amended to
228	228	read as follows:
229	229	(d) The duties of the superintendent include:
230	230	(1) assuming administrative responsibility and
231	231	leadership for the planning, organization, operation, supervision,
232	232	and evaluation of the education programs, services, and facilities
233	233	of the district and for the annual performance appraisal of the
234	234	district's staff;
235	235	(2) except as provided by Section 11.202, assuming
236	236	administrative authority and responsibility for the assignment,
237	237	supervision, and evaluation of all personnel of the district other
238	238	than the superintendent;
239	239	(3) overseeing compliance with the standards for
240	240	school facilities established by the commissioner under Section
241	241	46.008;
242	242	(4) initiating the termination or suspension of an
243	243	employee or the nonrenewal of an employee's term contract;
244	244	(5) managing the day-to-day operations of the district
245	245	as its administrative manager, including implementing and
246	246	monitoring plans, procedures, programs, and systems to achieve
247	247	clearly defined and desired results in major areas of district
248	248	operations;
249	249	(6) preparing and submitting to the board of trustees
250	250	a proposed budget as provided by Section 44.002 and rules adopted
251	251	under that section, and administering the budget;
252	252	(7) preparing recommendations for policies to be
253	253	adopted by the board of trustees and overseeing the implementation
254	254	of adopted policies;
255	255	(8) developing or causing to be developed appropriate
256	256	administrative regulations to implement policies established by
257	257	the board of trustees;
258	258	(9) providing leadership for the attainment and, if
259	259	necessary, improvement of student performance in the district based
260	260	on the indicators adopted under Sections 39.053 and 39.301 [Section
261	261	39.051] and other indicators adopted by the commissioner [State
262	262	Board of Education] or the district's board of trustees;
263	263	(10) organizing the district's central
264	264	administration;
265	265	(11) consulting with the district-level committee as
266	266	required under Section 11.252(f);
267	267	(12) ensuring:
268	268	(A) adoption of a student code of conduct as
269	269	required under Section 37.001 and enforcement of that code of
270	270	conduct; and
271	271	(B) adoption and enforcement of other student
272	272	disciplinary rules and procedures as necessary;
273	273	(13) submitting reports as required by state or
274	274	federal law, rule, or regulation;
275	275	(14) providing joint leadership with the board of
276	276	trustees to ensure that the responsibilities of the board and
277	277	superintendent team are carried out; and
278	278	(15) performing any other duties assigned by action of
279	279	the board of trustees.
280	280	SECTION 9. Section 11.203(d), Education Code, is amended to
281	281	read as follows:
282	282	(d) A principal who was employed as a principal at a campus
283	283	that was [of a campus] rated academically unacceptable during the
284	284	preceding school year [, as well as any person employed to replace
285	285	that principal,] shall participate in the program and complete the
286	286	program requirements not later than a date determined by the
287	287	commissioner.
288	288	SECTION 10. Section 11.252(a), Education Code, is amended
289	289	to read as follows:
290	290	(a) Each school district shall have a district improvement
291	291	plan that is developed, evaluated, and revised annually, in
292	292	accordance with district policy, by the superintendent with the
293	293	assistance of the district-level committee established under
294	294	Section 11.251. The purpose of the district improvement plan is to
295	295	guide district and campus staff in the improvement of student
296	296	performance for all student groups in order to attain state
297	297	standards in respect to the student achievement [academic
298	298	excellence] indicators adopted under Section 39.053 [39.051]. The
299	299	district improvement plan must include provisions for:
300	300	(1) a comprehensive needs assessment addressing
301	301	district student performance on the student achievement [academic
302	302	excellence] indicators, and other appropriate measures of
303	303	performance, that are disaggregated by all student groups served by
304	304	the district, including categories of ethnicity, socioeconomic
305	305	status, sex, and populations served by special programs, including
306	306	students in special education programs under Subchapter A, Chapter
307	307	29;
308	308	(2) measurable district performance objectives for
309	309	all appropriate student achievement [academic excellence]
310	310	indicators for all student populations, including students in
311	311	special education programs under Subchapter A, Chapter 29, and
312	312	other measures of student performance that may be identified
313	313	through the comprehensive needs assessment;
314	314	(3) strategies for improvement of student performance
315	315	that include:
316	316	(A) instructional methods for addressing the
317	317	needs of student groups not achieving their full potential;
318	318	(B) methods for addressing the needs of students
319	319	for special programs, such as suicide prevention, conflict
320	320	resolution, violence prevention, or dyslexia treatment programs;
321	321	(C) dropout reduction;
322	322	(D) integration of technology in instructional
323	323	and administrative programs;
324	324	(E) discipline management;
325	325	(F) staff development for professional staff of
326	326	the district;
327	327	(G) career education to assist students in
328	328	developing the knowledge, skills, and competencies necessary for a
329	329	broad range of career opportunities; and
330	330	(H) accelerated education;
331	331	(4) strategies for providing to middle school, junior
332	332	high school, and high school students, those students' teachers and
333	333	counselors, and those students' parents information about:
334	334	(A) higher education admissions and financial
335	335	aid opportunities;
336	336	(B) the TEXAS grant program and the Teach for
337	337	Texas grant program established under Chapter 56;
338	338	(C) the need for students to make informed
339	339	curriculum choices to be prepared for success beyond high school;
340	340	and
341	341	(D) sources of information on higher education
342	342	admissions and financial aid;
343	343	(5) resources needed to implement identified
344	344	strategies;
345	345	(6) staff responsible for ensuring the accomplishment
346	346	of each strategy;
347	347	(7) timelines for ongoing monitoring of the
348	348	implementation of each improvement strategy; and
349	349	(8) formative evaluation criteria for determining
350	350	periodically whether strategies are resulting in intended
351	351	improvement of student performance.
352	352	SECTION 11. Sections 11.253(c) and (d), Education Code, are
353	353	amended to read as follows:
354	354	(c) Each school year, the principal of each school campus,
355	355	with the assistance of the campus-level committee, shall develop,
356	356	review, and revise the campus improvement plan for the purpose of
357	357	improving student performance for all student populations,
358	358	including students in special education programs under Subchapter
359	359	A, Chapter 29, with respect to the student achievement [academic
360	360	excellence] indicators adopted under Section 39.053 [39.051] and
361	361	any other appropriate performance measures for special needs
362	362	populations.
363	363	(d) Each campus improvement plan must:
364	364	(1) assess the academic achievement for each student
365	365	in the school using the student achievement [academic excellence]
366	366	indicator system as described by Section 39.053 [39.051];
367	367	(2) set the campus performance objectives based on the
368	368	student achievement [academic excellence] indicator system,
369	369	including objectives for special needs populations, including
370	370	students in special education programs under Subchapter A, Chapter
371	371	29;
372	372	(3) identify how the campus goals will be met for each
373	373	student;
374	374	(4) determine the resources needed to implement the
375	375	plan;
376	376	(5) identify staff needed to implement the plan;
377	377	(6) set timelines for reaching the goals;
378	378	(7) measure progress toward the performance
379	379	objectives periodically to ensure that the plan is resulting in
380	380	academic improvement;
381	381	(8) include goals and methods for violence prevention
382	382	and intervention on campus; and
383	383	(9) provide for a program to encourage parental
384	384	involvement at the campus.
385	385	SECTION 12. Section 11.255(a), Education Code, is amended
386	386	to read as follows:
387	387	(a) Each district-level planning and decision-making
388	388	committee and each campus-level planning and decision-making
389	389	committee for a junior, middle, or high school campus shall analyze
390	390	information related to dropout prevention, including:
391	391	(1) the results of the audit of dropout records
392	392	required by Section 39.308 [39.055];
393	393	(2) campus information related to graduation rates,
394	394	dropout rates, high school equivalency certificate rates, and the
395	395	percentage of students who remain in high school more than four
396	396	years after entering grade level 9;
397	397	(3) the number of students who enter a high school
398	398	equivalency certificate program and:
399	399	(A) do not complete the program;
400	400	(B) complete the program but do not take the high
401	401	school equivalency examination; or
402	402	(C) complete the program and take the high school
403	403	equivalency examination but do not obtain a high school equivalency
404	404	certificate;
405	405	(4) for students enrolled in grade levels 9 and 10,
406	406	information related to academic credit hours earned, retention
407	407	rates, and placements in alternative education programs and
408	408	expulsions under Chapter 37; and
409	409	(5) the results of an evaluation of each school-based
410	410	dropout prevention program in the district.
411	411	SECTION 13. Section 12.013(b), Education Code, is amended
412	412	to read as follows:
413	413	(b) A home-rule school district is subject to:
414	414	(1) a provision of this title establishing a criminal
415	415	offense;
416	416	(2) a provision of this title relating to limitations
417	417	on liability; and
418	418	(3) a prohibition, restriction, or requirement, as
419	419	applicable, imposed by this title or a rule adopted under this
420	420	title, relating to:
421	421	(A) the Public Education Information Management
422	422	System (PEIMS) to the extent necessary to monitor compliance with
423	423	this subchapter as determined by the commissioner;
424	424	(B) educator certification under Chapter 21 and
425	425	educator rights under Sections 21.407, 21.408, and 22.001;
426	426	(C) criminal history records under Subchapter C,
427	427	Chapter 22;
428	428	(D) student admissions under Section 25.001;
429	429	(E) school attendance under Sections 25.085,
430	430	25.086, and 25.087;
431	431	(F) inter-district or inter-county transfers of
432	432	students under Subchapter B, Chapter 25;
433	433	(G) elementary class size limits under Section
434	434	25.112, in the case of any campus in the district that fails to
435	435	satisfy any standard [is considered academically unacceptable]
436	436	under Section 39.054(d) [39.132];
437	437	(H) high school graduation under Section 28.025;
438	438	(I) special education programs under Subchapter
439	439	A, Chapter 29;
440	440	(J) bilingual education under Subchapter B,
441	441	Chapter 29;
442	442	(K) prekindergarten programs under Subchapter E,
443	443	Chapter 29;
444	444	(L) safety provisions relating to the
445	445	transportation of students under Sections 34.002, 34.003, 34.004,
446	446	and 34.008;
447	447	(M) computation and distribution of state aid
448	448	under Chapters 31, 42, and 43;
449	449	(N) extracurricular activities under Section
450	450	33.081;
451	451	(O) health and safety under Chapter 38;
452	452	(P) public school accountability under
453	453	Subchapters B, C, D, E, and J [G], Chapter 39;
454	454	(Q) equalized wealth under Chapter 41;
455	455	(R) a bond or other obligation or tax rate under
456	456	Chapters 42, 43, and 45; and
457	457	(S) purchasing under Chapter 44.
458	458	SECTION 14. Section 12.056(b), Education Code, is amended
459	459	to read as follows:
460	460	(b) A campus or program for which a charter is granted under
461	461	this subchapter is subject to:
462	462	(1) a provision of this title establishing a criminal
463	463	offense; and
464	464	(2) a prohibition, restriction, or requirement, as
465	465	applicable, imposed by this title or a rule adopted under this
466	466	title, relating to:
467	467	(A) the Public Education Information Management
468	468	System (PEIMS) to the extent necessary to monitor compliance with
469	469	this subchapter as determined by the commissioner;
470	470	(B) criminal history records under Subchapter C,
471	471	Chapter 22;
472	472	(C) high school graduation under Section 28.025;
473	473	(D) special education programs under Subchapter
474	474	A, Chapter 29;
475	475	(E) bilingual education under Subchapter B,
476	476	Chapter 29;
477	477	(F) prekindergarten programs under Subchapter E,
478	478	Chapter 29;
479	479	(G) extracurricular activities under Section
480	480	33.081;
481	481	(H) health and safety under Chapter 38; and
482	482	(I) public school accountability under
483	483	Subchapters B, C, E [D], and J [G], Chapter 39.
484	484	SECTION 15. Section 12.1012(5), Education Code, is amended
485	485	to read as follows:
486	486	(5) "Management services" means services related to
487	487	the management or operation of an open-enrollment charter school,
488	488	including:
489	489	(A) planning, operating, supervising, and
490	490	evaluating the school's educational programs, services, and
491	491	facilities;
492	492	(B) making recommendations to the governing body
493	493	of the school relating to the selection of school personnel;
494	494	(C) managing the school's day-to-day operations
495	495	as its administrative manager;
496	496	(D) preparing and submitting to the governing
497	497	body of the school a proposed budget;
498	498	(E) recommending policies to be adopted by the
499	499	governing body of the school, developing appropriate procedures to
500	500	implement policies adopted by the governing body of the school, and
501	501	overseeing the implementation of adopted policies; and
502	502	(F) providing leadership for the attainment of
503	503	student performance at the school based on the indicators adopted
504	504	under Sections 39.053 and 39.301 [Section 39.051] or by the
505	505	governing body of the school.
506	506	SECTION 16. Section 12.104(b), Education Code, is amended
507	507	to read as follows:
508	508	(b) An open-enrollment charter school is subject to:
509	509	(1) a provision of this title establishing a criminal
510	510	offense; and
511	511	(2) a prohibition, restriction, or requirement, as
512	512	applicable, imposed by this title or a rule adopted under this
513	513	title, relating to:
514	514	(A) the Public Education Information Management
515	515	System (PEIMS) to the extent necessary to monitor compliance with
516	516	this subchapter as determined by the commissioner;
517	517	(B) criminal history records under Subchapter C,
518	518	Chapter 22;
519	519	(C) reading instruments and accelerated reading
520	520	instruction programs under Section 28.006;
521	521	(D) [satisfactory performance on assessment
522	522	instruments and to] accelerated instruction under Section 28.0211;
523	523	(E) high school graduation requirements under
524	524	Section 28.025;
525	525	(F) special education programs under Subchapter
526	526	A, Chapter 29;
527	527	(G) bilingual education under Subchapter B,
528	528	Chapter 29;
529	529	(H) prekindergarten programs under Subchapter E,
530	530	Chapter 29;
531	531	(I) extracurricular activities under Section
532	532	33.081;
533	533	(J) discipline management practices or behavior
534	534	management techniques under Section 37.0021;
535	535	(K) health and safety under Chapter 38;
536	536	(L) public school accountability under
537	537	Subchapters B, C, D, E, and J [G], Chapter 39;
538	538	(M) the requirement under Section 21.006 to
539	539	report an educator's misconduct; and
540	540	(N) intensive programs of instruction under
541	541	Section 28.0213.
542	542	SECTION 17. Section 12.1054(a), Education Code, is amended
543	543	to read as follows:
544	544	(a) A member of the governing body of a charter holder, a
545	545	member of the governing body of an open-enrollment charter school,
546	546	or an officer of an open-enrollment charter school is considered to
547	547	be a local public official for purposes of Chapter 171, Local
548	548	Government Code. For purposes of that chapter:
549	549	(1) a member of the governing body of a charter holder
550	550	or a member of the governing body or officer of an open-enrollment
551	551	charter school is considered to have a substantial interest in a
552	552	business entity if a person related to the member or officer in the
553	553	third degree by consanguinity or affinity, as determined under
554	554	Chapter 573, Government Code, has a substantial interest in the
555	555	business entity under Section 171.002, Local Government Code;
556	556	(2) notwithstanding any provision of Section
557	557	12.1054(1), an employee of an open-enrollment charter school rated
558	558	[as academically] acceptable or higher under Section 39.054
559	559	[Chapter 39] for at least two of the preceding three school years
560	560	may serve as a member of the governing body of the charter holder of
561	561	the governing body of the school if the employees do not constitute
562	562	a quorum of the governing body or any committee of the governing
563	563	body; however, all members shall comply with the requirements of
564	564	Sections 171.003-171.007, Local Government Code.
565	565	SECTION 18. Section 12.1055(b), Education Code, is amended
566	566	to read as follows:
567	567	(b) Notwithstanding Subsection (a), if an open-enrollment
568	568	charter school is rated [academically] acceptable or higher under
569	569	Section 39.054 [Chapter 39] for at least two of the preceding three
570	570	school years, then Chapter 573, Government Code, does not apply to
571	571	that school; however, a member of the governing body of a charter
572	572	holder or a member of the governing body or officer of an
573	573	open-enrollment charter school shall comply with the requirements
574	574	of Sections 171.003-171.007, Local Government Code, with respect to
575	575	a personnel matter concerning a person related to the member or
576	576	officer within the degree specified by Section 573.002, Government
577	577	Code, as if the personnel matter were a transaction with a business
578	578	entity subject to those sections, and persons defined under
579	579	Sections 573.021-573.025, Government Code, shall not constitute a
580	580	quorum of the governing body or any committee of the governing body.
581	581	SECTION 19. Section 12.1162(a), Education Code, is amended
582	582	to read as follows:
583	583	(a) The commissioner shall take any of the actions described
584	584	by Subsection (b) or by Section 39.102(a) [39.131(a)], to the
585	585	extent the commissioner determines necessary, if an
586	586	open-enrollment charter school, as determined by a report issued
587	587	under Section 39.058(b) [39.076(b)]:
588	588	(1) commits a material violation of the school's
589	589	charter;
590	590	(2) fails to satisfy generally accepted accounting
591	591	standards of fiscal management; or
592	592	(3) fails to comply with this subchapter or another
593	593	applicable rule or law.
594	594	SECTION 20. Section 18.006(a), Education Code, is amended
595	595	to read as follows:
596	596	(a) The commissioner shall develop and implement a system of
597	597	accountability consistent with Chapter 39, where appropriate, to be
598	598	used in assigning an annual performance rating to Job Corps diploma
599	599	programs comparable to the ratings assigned to school districts
600	600	under Section 39.054 [39.072]. The commissioner may develop and
601	601	implement a system of distinction designations consistent with
602	602	Subchapter G, Chapter 39, where appropriate, to be used in
603	603	assigning distinction designations to Job Corps diploma programs
604	604	comparable to the distinction designations assigned to campuses
605	605	under Subchapter G, Chapter 39.
606	606	SECTION 21. Section 21.354(e), Education Code, is amended
607	607	to read as follows:
608	608	(e) The appraisal of a principal shall include
609	609	consideration of the performance of a principal's campus on the
610	610	student achievement indicators established under Section 39.053
611	611	[39.051] and the campus's objectives established under Section
612	612	11.253, including performance gains of the campus and the
613	613	maintenance of those gains.
614	614	SECTION 22. Section 21.357(c), Education Code, is amended
615	615	to read as follows:
616	616	(c) A performance incentive awarded to a principal under
617	617	this section must be distributed to the principal's school and used
618	618	in the manner determined by the campus-level committee established
619	619	under Section 11.253 in accordance with the requirements of Section
620	620	39.264(a) [39.094(a)].
621	621	SECTION 23. Section 21.4541(b), Education Code, is amended
622	622	to read as follows:
623	623	(b) A school district or campus is eligible to participate
624	624	in the pilot program under this section if the district or campus
625	625	meets the eligibility criteria established as provided by Section
626	626	39.408 [39.358].
627	627	SECTION 24. Section 21.4551(c), Education Code, is amended
628	628	to read as follows:
629	629	(c) The commissioner by rule shall require a teacher to
630	630	attend a reading academy if the teacher provides instruction in
631	631	reading, mathematics, science, or social studies to students at the
632	632	sixth, seventh, or eighth grade level at a campus that fails to
633	633	satisfy any standard [is considered academically unacceptable]
634	634	under Section 39.054(d) [39.132] on the basis of student
635	635	performance on the reading assessment instrument administered
636	636	under Section 39.023(a) to students in any grade level at the
637	637	campus.
638	638	SECTION 25. Section 28.002, Education Code, is amended by
639	639	adding Subsections (c-1), (d), and (q) to read as follows:
640	640	(c-1) The State Board of Education shall adopt rules
641	641	requiring students enrolled in grade levels six, seven, and eight
642	642	to complete at least one fine arts course during those grade levels
643	643	as part of a district's fine arts curriculum.
644	644	(d) Each time the Texas Higher Education Coordinating Board
645	645	revises the Internet database of the coordinating board's official
646	646	statewide inventory of workforce education courses, the State Board
647	647	of Education shall by rule revise the essential knowledge and
648	648	skills of any corresponding career and technology education
649	649	curriculum as provided by Subsection (c).
650	650	(q) Notwithstanding any other provision of this title, a
651	651	school district may not vary the curriculum for a course in the
652	652	required curriculum under Subsection (a) based on whether a student
653	653	is enrolled in the minimum, recognized, or advanced high school
654	654	program.
655	655	SECTION 26. Section 28.006(j), Education Code, is amended
656	656	to read as follows:
657	657	(j) No more than 15 percent of the funds certified by the
658	658	commissioner under Subsection (i) may be spent on indirect costs.
659	659	The commissioner shall evaluate the programs that fail to meet the
660	660	standard of performance under Section 39.301(c)(5) [39.051(b)(8)]
661	661	and may implement interventions or sanctions under Subchapter E
662	662	[G], Chapter 39. The commissioner may audit the expenditures of
663	663	funds appropriated for purposes of this section. The use of the
664	664	funds appropriated for purposes of this section shall be verified
665	665	as part of the district audit under Section 44.008.
666	666	SECTION 27. Section 28.014(d), Education Code, is amended
667	667	to read as follows:
668	668	(d) The agency, in coordination with the Texas Higher
669	669	Education Coordinating Board, shall adopt a series of questions to
670	670	be included in an end-of-course assessment instrument administered
671	671	under Subsection (c) to be used for purposes of Section 51.3062.
672	672	The questions must be developed in a manner consistent with any
673	673	college readiness standards adopted under Sections 39.233 [39.113]
674	674	and 51.3062. [A student's performance on a question adopted under
675	675	this subsection may not be used to determine the student's
676	676	performance on an end-of-course assessment instrument.]
677	677	SECTION 28. Section 28.021, Education Code, is amended by
678	678	adding Subsections (c), (d), and (e) to read as follows:
679	679	(c) In determining promotion under Subsection (a), a school
680	680	district shall consider:
681	681	(1) the recommendation of the student's teacher;
682	682	(2) the student's grade in each subject or course;
683	683	(3) the student's score on an assessment instrument
684	684	administered under Section 39.023(a), (b), or (l); and
685	685	(4) any other necessary academic information, as
686	686	determined by the district.
687	687	(d) By the start of the school year, a district shall make
688	688	public the requirements for student advancement under this section.
689	689	(e) The commissioner shall provide guidelines to districts
690	690	based on best practices that a district may use when considering
691	691	factors for promotion.
692	692	SECTION 29. Section 28.0211, Education Code, is amended by
693	693	amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
694	694	and (n) to read as follows:
695	695	(a) Except as provided by Subsection (b) or (e), a student
696	696	may not be promoted to:
697	697	(1) [the fourth grade program to which the student
698	698	would otherwise be assigned if the student does not perform
699	699	satisfactorily on the third grade reading assessment instrument
700	700	under Section 39.023;
701	701	[(2)] the sixth grade program to which the student
702	702	would otherwise be assigned if the student does not perform
703	703	satisfactorily on the fifth grade mathematics and reading
704	704	assessment instruments under Section 39.023; or
705	705	(2) [(3)] the ninth grade program to which the student
706	706	would otherwise be assigned if the student does not perform
707	707	satisfactorily on the eighth grade mathematics and reading
708	708	assessment instruments under Section 39.023.
709	709	(a-1) Each time a student fails to perform satisfactorily on
710	710	an assessment instrument administered under Section 39.023(a) in
711	711	the third, fourth, fifth, sixth, seventh, or eighth grade, the
712	712	school district in which the student attends school shall provide
713	713	to the student accelerated instruction in the applicable subject
714	714	area. Accelerated instruction may require participation of the
715	715	student before or after normal school hours and may include
716	716	participation at times of the year outside normal school
717	717	operations.
718	718	(a-2) A student who fails to perform satisfactorily on an
719	719	assessment instrument specified under Subsection (a) and who is
720	720	promoted to the next grade level must complete accelerated
721	721	instruction required under Subsection (a-1) before placement in the
722	722	next grade level. A student who fails to complete required
723	723	accelerated instruction may not be promoted.
724	724	(a-3) The commissioner shall provide guidelines to
725	725	districts on research-based best practices and effective
726	726	strategies that a district may use in developing an accelerated
727	727	instruction program.
728	728	(n) A student who is promoted by a grade placement committee
729	729	under this section must be assigned in each subject in which the
730	730	student failed to perform satisfactorily on an assessment
731	731	instrument specified under Subsection (a) to a teacher who meets
732	732	all state and federal qualifications to teach that subject and
733	733	grade.
734	734	SECTION 30. Section 28.025, Education Code, is amended by
735	735	amending Subsections (a), (b), and (b-1) and adding Subsections
736	736	(b-3) through (b-10) to read as follows:
737	737	(a) The State Board of Education by rule shall determine
738	738	curriculum requirements for the minimum, recommended, and advanced
739	739	high school programs that are consistent with the required
740	740	curriculum under Section 28.002. Subject to Subsection (b-1), the
741	741	State Board of Education shall designate the specific courses in
742	742	the foundation curriculum required for a student participating in
743	743	the minimum, recommended, or advanced high school program. Except
744	744	as provided by Subsection (b-1), the State Board of Education may
745	745	not designate a specific course or a specific number of credits in
746	746	the enrichment curriculum as requirements for the recommended
747	747	program.
748	748	(b) A school district shall ensure that each student enrolls
749	749	in the courses necessary to complete the curriculum requirements
750	750	identified by the State Board of Education under Subsection (a) for
751	751	the recommended or advanced high school program unless the student,
752	752	the student's parent or other person standing in parental relation
753	753	to the student, and a school counselor or school administrator
754	754	agree in writing signed by each party that the student should be
755	755	permitted to take courses under the minimum high school program and
756	756	the student:
757	757	(1) is at least 16 years of age;
758	758	(2) has completed two credits required for graduation
759	759	in each subject of the foundation curriculum under Section
760	760	28.002(a)(1); or
761	761	(3) has failed to be promoted to the tenth grade one or
762	762	more times as determined by the school district.
763	763	(b-1) The State Board of Education by rule shall require
764	764	that:
765	765	(1) except as provided by Subsection (b-2), the
766	766	curriculum requirements for the recommended and advanced high
767	767	school programs under Subsection (a) include a requirement that
768	768	students successfully complete:
769	769	(A) four credits [courses] in each subject of the
770	770	foundation curriculum under Section 28.002(a)(1), including at
771	771	least one-half credit in government and at least one-half credit in
772	772	economics to meet the social studies requirement;
773	773	(B) for the recommended high school program, two
774	774	credits in the same language in a language other than English under
775	775	Section 28.002(a)(2)(A) and, for the advanced high school program,
776	776	three credits in the same language in a language other than English
777	777	under Section 28.002(a)(2)(A); and
778	778	(C) for the recommended high school program, six
779	779	elective credits and, for the advanced high school program, five
780	780	elective credits; [and]
781	781	(2) one or more credits [courses] offered in the
782	782	required curriculum for the recommended and advanced high school
783	783	programs include a research writing component; and
784	784	(3) the curriculum requirements for the minimum,
785	785	recommended, and advanced high school programs under Subsection (a)
786	786	include a requirement that students successfully complete:
787	787	(A) one credit in fine arts under Section
788	788	28.002(a)(2)(D); and
789	789	(B) one credit in physical education under
790	790	Section 28.002(a)(2)(C).
791	791	(b-3) In adopting rules to provide students with the option
792	792	described by Subsection (b-1)(1)(A), the State Board of Education
793	793	must approve a variety of mathematics and science courses that may
794	794	be taken after the completion of Algebra II and physics to comply
795	795	with the recommended program requirements.
796	796	(b-4) A school district may offer the curriculum described
797	797	in Subsection (b-1)(1)(A) in an applied manner. Courses delivered
798	798	in an applied manner must cover the essential knowledge and skills,
799	799	and the student shall be administered the applicable end-of-course
800	800	assessment instrument as provided by Sections 39.023(c) and 39.025.
801	801	(b-5) A school district may offer a mathematics or science
802	802	course to be taken by a student after completion of Algebra II and
803	803	physics to comply with the recommended program requirements in
804	804	Subsection (b-1)(1)(A). A course approved under this subsection
805	805	must be endorsed by an institution of higher education as a course
806	806	for which the institution would award course credit or as a
807	807	prerequisite for a course for which the institution would award
808	808	course credit.
809	809	(b-6) Before a student's parent or other person standing in
810	810	parental relation to the student may agree that the student be
811	811	permitted to take courses under the minimum high school program as
812	812	provided by Subsection (b), a school district must provide written
813	813	notice to the parent or person standing in parental relation
814	814	explaining the benefits of the recommended high school program.
815	815	The notice shall be developed by the agency and must:
816	816	(1) be printed in English and Spanish; and
817	817	(2) require that the student's parent or person
818	818	standing in parental relation to the student sign a confirmation of
819	819	receipt and return the confirmation to the student's campus.
820	820	(b-7) The State Board of Education, in coordination with the
821	821	Texas Higher Education Coordinating Board, shall adopt rules to
822	822	ensure that a student may comply with the curriculum requirements
823	823	under the minimum, recommended, or advanced high school program for
824	824	each subject of the foundation curriculum under Section
825	825	28.002(a)(1) and for languages other than English under Section
826	826	28.002(a)(2)(A) by successfully completing appropriate courses in
827	827	the core curriculum of an institution of higher education under
828	828	Section 61.822.
829	829	(b-8) A student agreeing to take courses under the minimum
830	830	high school program as provided by Subsection (b) may, upon
831	831	request, resume taking courses under the recommended high school
832	832	program.
833	833	(b-9) The agency shall establish a pilot program allowing a
834	834	student attending school in a county with a population of more than
835	835	one million and in which more than 80 percent of the population
836	836	resides in a single municipality to satisfy the fine arts credit
837	837	required under Subsection (b-1)(3)(A) by participating in a fine
838	838	arts program not provided by the school district in which the
839	839	student is enrolled. The fine arts program may be provided on or
840	840	off a school campus and outside the regular school day. Not later
841	841	than December 1, 2010, the agency shall provide to the legislature a
842	842	report regarding the pilot program, including the feasibility of
843	843	expanding the pilot program statewide.
844	844	(b-10) A school district, with the approval of the
845	845	commissioner, may allow a student to comply with the curriculum
846	846	requirements for the physical education credit required under
847	847	Subsection (b-1)(3)(B) by participating in a private or
848	848	commercially sponsored physical activity program provided on or off
849	849	a school campus and outside the regular school day.
850	850	SECTION 31. Section 28.0252(b), Education Code, is amended
851	851	to read as follows:
852	852	(b) If the commissioner develops a standard method under
853	853	this section, a school district shall use the standard method to
854	854	compute a student's high school grade point average[, except that
855	855	to the extent of a conflict between that method and the method
856	856	adopted under Section 51.807, the student's grade point average
857	857	computed in accordance with the method established under Section
858	858	51.807 shall be used in determining the student's eligibility for
859	859	university admission under Subchapter U, Chapter 51].
860	860	SECTION 32. Subchapter B, Chapter 28, Education Code, is
861	861	amended by adding Section 28.0253 to read as follows:
862	862	Sec. 28.0253. PILOT PROGRAM: HIGH SCHOOL DIPLOMAS FOR
863	863	STUDENTS WHO DEMONSTRATE EARLY READINESS FOR COLLEGE. (a) In this
864	864	section:
865	865	(1) "Institution of higher education" has the meaning
866	866	assigned by Section 61.003.
867	867	(2) "Research university" means an institution of
868	868	higher education that is designated as a research university under
869	869	the Texas Higher Education Coordinating Board's accountability
870	870	system.
871	871	(b) A research university that chooses to participate in the
872	872	pilot program shall:
873	873	(1) not later than September 1 of each year, make
874	874	available on the university's Internet website detailed standards
875	875	for use in the program regarding:
876	876	(A) the specific competencies that demonstrate a
877	877	student's mastery of each subject area for which the Texas Higher
878	878	Education Coordinating Board and the commissioner have adopted
879	879	college readiness standards;
880	880	(B) the specific competencies that demonstrate a
881	881	student's mastery of a language other than English; and
882	882	(C) acceptable assessments or other means by
883	883	which a student may demonstrate the student's early readiness for
884	884	college with respect to each subject area and the language
885	885	described by this subdivision, subject to Subsection (c);
886	886	(2) partner with at least 10 school districts that
887	887	reflect the geographic diversity of this state and the student
888	888	compositions of which reflect the socioeconomic diversity of this
889	889	state; and
890	890	(3) assist school administrators, school counselors,
891	891	and other educators in each of those school districts in designing
892	892	the specific requirements of and implementing the program in the
893	893	district.
894	894	(c) The assessments or other means filed by a research
895	895	university under Subsection (b)(1)(C) must be equivalent to the
896	896	assessments or other means the university uses to place students at
897	897	the university in courses that may be credited toward a degree
898	898	requirement.
899	899	(d) A research university that partners with a school
900	900	district under this section shall enter into an agreement with the
901	901	district under which the university and district agree that the
902	902	district will assess a student's mastery of the subject areas
903	903	described by Subsection (b)(1) and a language other than English in
904	904	accordance with the standards the university filed under Subsection
905	905	(b)(1). The district may issue a high school diploma to a student
906	906	under the program if, using the standards, the student demonstrates
907	907	mastery of and early readiness for college in each of those subject
908	908	areas and in a language other than English, notwithstanding any
909	909	other local or state requirements.
910	910	(e) A student who receives a high school diploma through the
911	911	pilot program is considered to have completed the recommended high
912	912	school program adopted under Section 28.025(a). The student is not
913	913	guaranteed admission to any institution of higher education or to
914	914	any academic program at an institution of higher education solely
915	915	on the basis of having received the diploma through the program.
916	916	(f) A research university that participates in the pilot
917	917	program shall enter into an agreement with an education research
918	918	center established under Section 1.005 to conduct an evaluation of
919	919	the program with respect to that university and the school
920	920	districts with which the university partners. Not later than
921	921	January 1, 2013, the education research center shall provide a
922	922	written report of the evaluation to the commissioner and the
923	923	commissioner of higher education and make the report available on
924	924	the center's Internet website. The report may include an analysis
925	925	of the effects of the program on the university's admissions review
926	926	process.
927	927	SECTION 33. Section 29.062(a), Education Code, is amended
928	928	to read as follows:
929	929	(a) The legislature recognizes that compliance with this
930	930	subchapter is an imperative public necessity. Therefore, in
931	931	accordance with the policy of the state, the agency shall evaluate
932	932	the effectiveness of programs under this subchapter based on the
933	933	student achievement [academic excellence] indicators adopted under
934	934	Section 39.053 [39.051(a)], including the results of assessment
935	935	instruments. The agency may combine evaluations under this section
936	936	with federal accountability measures concerning students of
937	937	limited English proficiency.
938	938	SECTION 34. Section 29.094(c), Education Code, is amended
939	939	to read as follows:
940	940	(c) A campus may apply to the commissioner to participate in
941	941	the pilot program. The commissioner may select for participation
942	942	in the pilot program only campuses that have failed to improve
943	943	student performance in reading according to standards established
944	944	by the commissioner. The standards established by the commissioner
945	945	for purposes of this subsection must be based on reading
946	946	performance standards considered [required] for student promotion
947	947	under Section 28.021 [28.0211].
948	948	SECTION 35. Section 29.095(a)(1), Education Code, as added
949	949	by Chapter 1058 (H.B. 2237), Acts of the 80th Legislature, Regular
950	950	Session, 2007, is amended to read as follows:
951	951	(1) "Council" means the High School Completion and
952	952	Success Initiative Council established under Subchapter M [L],
953	953	Chapter 39.
954	954	SECTION 36. Section 29.095(c), Education Code, as added by
955	955	Chapter 1058 (H.B. 2237), Acts of the 80th Legislature, Regular
956	956	Session, 2007, is amended to read as follows:
957	957	(c) The commissioner may award a grant in an amount not to
958	958	exceed $5,000 in a school year to a school district on behalf of a
959	959	student club at a district high school campus that is eligible under
960	960	the criteria established under Section 39.408 [39.358]. To be
961	961	eligible for a grant, the student club and the club's sponsor must
962	962	be sanctioned by the campus and district. A grant awarded under this
963	963	program must be matched by other federal, state, or local funds,
964	964	including donations, in an amount equal to the amount of the grant.
965	965	A district shall seek donations or sponsorships from local
966	966	businesses or community organizations to raise the matching
967	967	funds. The commissioner may award a grant on behalf of more than
968	968	one student club at a campus in the same school year.
969	969	SECTION 37. Sections 29.096(a) and (c), Education Code, are
970	970	amended to read as follows:
971	971	(a) In this section, "council" means the High School
972	972	Completion and Success Initiative Council established under
973	973	Subchapter M [L], Chapter 39.
974	974	(c) A school district or open-enrollment charter school is
975	975	eligible to participate and receive a grant under this section
976	976	under the eligibility criteria established under Section 39.408
977	977	[39.358].
978	978	SECTION 38. Section 29.097(a)(1), Education Code, is
979	979	amended to read as follows:
980	980	(1) "Council" means the High School Completion and
981	981	Success Initiative Council established under Subchapter M [L],
982	982	Chapter 39.
983	983	SECTION 39. Section 29.097(c), Education Code, is amended
984	984	to read as follows:
985	985	(c) The commissioner may select for participation in the
986	986	pilot program only a campus that is eligible under the criteria
987	987	established under Section 39.408 [39.358].
988	988	SECTION 40. Section 29.098(c), Education Code, is amended
989	989	to read as follows:
990	990	(c) The commissioner of education may select for
991	991	participation in the pilot program only a campus that is eligible
992	992	under the criteria established under Section 39.408 [39.358].
993	993	SECTION 41. Section 29.182(b), Education Code, is amended
994	994	to read as follows:
995	995	(b) The state plan must include procedures designed to
996	996	ensure that:
997	997	(1) all secondary and postsecondary students have the
998	998	opportunity to participate in career and technology education
999	999	programs;
1000	1000	(2) the state complies with requirements for
1001	1001	supplemental federal career and technology education funding; and
1002	1002	(3) career and technology education is established as
1003	1003	a part of the total education system of this state and constitutes
1004	1004	an option for student learning that provides a rigorous course of
1005	1005	study consistent with the required curriculum under Section 28.002
1006	1006	and under which a student may receive specific education in a career
1007	1007	and technology program that:
1008	1008	(A) incorporates competencies leading to
1009	1009	academic and technical skill attainment;
1010	1010	(B) leads to:
1011	1011	(i) an industry-recognized license,
1012	1012	credential, or certificate; or
1013	1013	(ii) at the postsecondary level, an
1014	1014	associate or baccalaureate degree;
1015	1015	(C) includes opportunities for students to earn
1016	1016	college credit for coursework; and
1017	1017	(D) includes, as an integral part of the program,
1018	1018	participation by students and teachers in activities of career and
1019	1019	technical student organizations supported by the agency and the
1020	1020	State Board of Education.
1021	1021	SECTION 42. Section 29.202(a), Education Code, is amended
1022	1022	to read as follows:
1023	1023	(a) A student is eligible to receive a public education
1024	1024	grant or to attend another public school in the district in which
1025	1025	the student resides under this subchapter if the student is
1026	1026	assigned to attend a public school campus:
1027	1027	(1) at which 50 percent or more of the students did not
1028	1028	perform satisfactorily on an assessment instrument administered
1029	1029	under Section 39.023(a) or (c) in any two of the preceding three
1030	1030	years; or
1031	1031	(2) that [was], at any time in the preceding three
1032	1032	years, failed to satisfy any standard [considered academically
1033	1033	unacceptable] under Section 39.054(d) [39.132].
1034	1034	SECTION 43. Section 29.904(d), Education Code, is amended
1035	1035	to read as follows:
1036	1036	(d) A plan developed under this section:
1037	1037	(1) must establish clear, achievable goals for
1038	1038	increasing the percentage of the school district's graduating
1039	1039	seniors, particularly the graduating seniors attending a high
1040	1040	school described by Subsection (a), who enroll in an institution of
1041	1041	higher education for the academic year following graduation;
1042	1042	(2) must establish an accurate method of measuring
1043	1043	progress toward the goals established under Subdivision (1) that
1044	1044	may include the percentage of district high school students and the
1045	1045	percentage of students attending a district high school described
1046	1046	by Subsection (a) who:
1047	1047	(A) are enrolled in a course for which a student
1048	1048	may earn college credit, such as an advanced placement or
1049	1049	international baccalaureate course or a course offered through
1050	1050	concurrent enrollment in high school and at an institution of
1051	1051	higher education;
1052	1052	(B) are enrolled in courses that meet the
1053	1053	curriculum requirements for the recommended or advanced high school
1054	1054	program as determined under Section 28.025;
1055	1055	(C) have submitted a free application for federal
1056	1056	student aid (FAFSA);
1057	1057	(D) are exempt under Section 51.3062(p) or (q)
1058	1058	[51.306(l) or (m)] from administration of an assessment [a test]
1059	1059	instrument under Section 51.3062 [51.306] or have performed
1060	1060	successfully on an assessment [a test] instrument under Section
1061	1061	51.3062 [51.306];
1062	1062	(E) graduate from high school;
1063	1063	(F) graduate from an institution of higher
1064	1064	education; and
1065	1065	(G) have taken college entrance examinations and
1066	1066	the average score of those students on the examinations;
1067	1067	(3) must cover a period of at least five years; and
1068	1068	(4) may be directed at district students at any level
1069	1069	of primary or secondary education.
1070	1070	SECTION 44. Section 29.906(e), Education Code, is amended
1071	1071	to read as follows:
1072	1072	(e) The agency shall:
1073	1073	(1) maintain a list of character education programs
1074	1074	that school districts have implemented that meet the criteria under
1075	1075	Subsection (b);
1076	1076	(2) based on data reported by districts, annually
1077	1077	designate as a Character Plus School each school that provides a
1078	1078	character education program that:
1079	1079	(A) meets the criteria prescribed by Subsection
1080	1080	(b); and
1081	1081	(B) is approved by the committee selected under
1082	1082	Subsection (c); and
1083	1083	(3) include in the report required under Section
1084	1084	39.332 [39.182]:
1085	1085	(A) based on data reported by districts, the
1086	1086	impact of character education programs on student discipline and
1087	1087	academic achievement; and
1088	1088	(B) other reported data relating to character
1089	1089	education programs the agency considers appropriate for inclusion.
1090	1090	SECTION 45. Sections 29.918(a) and (c), Education Code, are
1091	1091	amended to read as follows:
1092	1092	(a) Notwithstanding Section 39.234 [39.114] or 42.152, a
1093	1093	school district or open-enrollment charter school with a high
1094	1094	dropout rate, as determined by the commissioner, must submit a plan
1095	1095	to the commissioner describing the manner in which the district or
1096	1096	charter school intends to use the compensatory education allotment
1097	1097	under Section 42.152 and the high school allotment under Section
1098	1098	42.2516(b)(3) for developing and implementing research-based
1099	1099	strategies for dropout prevention. The district or charter school
1100	1100	shall submit the plan not later than December 1 of each school year
1101	1101	preceding the school year in which the district or charter school
1102	1102	will receive the compensatory education allotment or high school
1103	1103	allotment to which the plan applies.
1104	1104	(c) The commissioner shall adopt rules to administer this
1105	1105	section. The commissioner may impose interventions or sanctions
1106	1106	under Section 39.102 [39.131] or 39.104 [39.1321] if a school
1107	1107	district or open-enrollment charter school fails to timely comply
1108	1108	with this section.
1109	1109	SECTION 46. Section 30A.101, Education Code, is amended to
1110	1110	read as follows:
1111	1111	Sec. 30A.101. ELIGIBILITY TO ACT AS PROVIDER SCHOOL
1112	1112	DISTRICT OR SCHOOL. (a) A school district is eligible to act as a
1113	1113	provider school district under this chapter only if the district is
1114	1114	rated [academically] acceptable or higher under Section 39.054
1115	1115	[39.072].
1116	1116	(b) An open-enrollment charter school is eligible to act as
1117	1117	a provider school under this chapter only if the school is rated
1118	1118	acceptable [recognized] or higher under Section 39.054 [39.072],
1119	1119	and may serve as a provider school only:
1120	1120	(1) to a student within the school district in which
1121	1121	the school is located or within its service area, whichever is
1122	1122	smaller; or
1123	1123	(2) to another student in the state through an
1124	1124	agreement with the administering authority under Section 30A.153.
1125	1125	SECTION 47. Section 32.157(a), Education Code, is amended
1126	1126	to read as follows:
1127	1127	(a) After the expiration of the pilot project, the agency
1128	1128	may review the pilot project based on the annual reports the agency
1129	1129	receives from the board of trustees of participating school
1130	1130	districts. The agency may include the review of the pilot project
1131	1131	in the comprehensive annual report required under Section 39.332
1132	1132	[39.182] that covers the 2010-2011 school year.
1133	1133	SECTION 48. Section 32.252(b), Education Code, is amended
1134	1134	to read as follows:
1135	1135	(b) The portal must serve as a single point of access to
1136	1136	educational resources other than student assessment data
1137	1137	accessible through the student assessment data portal under Section
1138	1138	32.258. In addition to any other purpose specified by this
1139	1139	subchapter or any other educational purpose, the portal may be used
1140	1140	to:
1141	1141	(1) alleviate inequities in access to educational
1142	1142	resources by providing access to on-line courses;
1143	1143	(2) improve student academic performance by providing
1144	1144	access to tutorial materials, instructional materials that have
1145	1145	been shown to improve academic performance, and other interactive
1146	1146	materials, including materials that assess an individual student's
1147	1147	knowledge and prepare the student for the administration of a
1148	1148	standardized assessment instrument, including an assessment
1149	1149	instrument administered under Section 39.023;
1150	1150	(3) provide school districts with access to
1151	1151	administrative software and other electronic tools designed to
1152	1152	promote administrative efficiency and intra-district
1153	1153	communication; or
1154	1154	(4) [provide secure access to student assessment data;
1155	1155	or
1156	1156	[(5)] provide links to appropriate educational
1157	1157	resources and experts available through the Internet.
1158	1158	SECTION 49. Section 32.258, Education Code, is amended to
1159	1159	read as follows:
1160	1160	Sec. 32.258. STUDENT ASSESSMENT DATA; DATA PORTAL.
1161	1161	(a) The agency shall establish and maintain a student assessment
1162	1162	data portal for use by school districts, teachers, parents,
1163	1163	students, and public institutions of higher education. The
1164	1164	agency shall [may] establish a secure, interoperable system to be
1165	1165	implemented through the portal under which:
1166	1166	(1) a student or the student's parent or other person
1167	1167	standing in parental relationship can easily access the student's
1168	1168	individual assessment data;
1169	1169	(2) an authorized employee of a school district,
1170	1170	including a district teacher, [districts] can readily access
1171	1171	individual [student] assessment data of district students for use
1172	1172	in developing strategies for improving student performance; and
1173	1173	(3) an authorized employee of a public institution of
1174	1174	higher education can readily access individual assessment data of
1175	1175	students applying for admission for use in developing strategies
1176	1176	for improving student performance.
1177	1177	(b) The system established under Subsection (a) shall
1178	1178	provide a means for a student or the student's parent or other
1179	1179	person standing in parental relationship to track the student's
1180	1180	progress on assessment instrument requirements for graduation.
1181	1181	(c) The agency shall establish an interoperable system to be
1182	1182	implemented through the portal under which general student
1183	1183	assessment data is easily accessible to the public.
1184	1184	(d) Student assessment data provided under this section
1185	1185	must:
1186	1186	(1) be available on or before the first instructional
1187	1187	day of the school year following the year in which the data is
1188	1188	collected; and
1189	1189	(2) include student performance data on assessment
1190	1190	instruments over multiple years, beginning with the 2007-2008
1191	1191	school year, including any data indicating progress in student
1192	1192	achievement.
1193	1193	(e) Each [(b) In establishing the] system established
1194	1194	under [required by] this section must permit comparisons of[, the
1195	1195	agency shall seek to further the goal of providing school districts
1196	1196	with access to] student performance information at the classroom,
1197	1197	campus, district, and state levels [level].
1198	1198	SECTION 50. Section 39.023, Education Code, is amended by
1199	1199	adding Subsections (a-1), (o), and (p) and amending Subsections
1200	1200	(b), (c), (c-4), (d), (e), (l), and (m) to read as follows:
1201	1201	(a-1) The agency shall develop assessment instruments
1202	1202	required under Subsection (a) in a manner that allows, to the extent
1203	1203	practicable:
1204	1204	(1) the score a student receives to provide reliable
1205	1205	information relating to a student's satisfactory performance for
1206	1206	each performance standard under Section 39.0241; and
1207	1207	(2) an appropriate range of performances to serve as a
1208	1208	valid indication of growth in student achievement.
1209	1209	(b) The agency shall develop or adopt appropriate
1210	1210	criterion-referenced alternative assessment instruments to be
1211	1211	administered to each student in a special education program under
1212	1212	Subchapter A, Chapter 29, [who receives modified instruction in the
1213	1213	essential knowledge and skills identified under Section 28.002 for
1214	1214	the assessed subject but] for whom an assessment instrument adopted
1215	1215	under Subsection (a), even with allowable accommodations
1216	1216	[modifications], would not provide an appropriate measure of
1217	1217	student achievement, as determined by the student's admission,
1218	1218	review, and dismissal committee. [The assessment instruments
1219	1219	required under this subsection must assess essential knowledge and
1220	1220	skills and growth in the subjects of reading, mathematics, and
1221	1221	writing. A student's admission, review, and dismissal committee
1222	1222	shall determine whether any allowable modification is necessary in
1223	1223	administering to the student an assessment instrument required
1224	1224	under this subsection. The assessment instruments required under
1225	1225	this subsection shall be administered on the same schedule as the
1226	1226	assessment instruments administered under Subsection (a).]
1227	1227	(c) The agency shall also adopt end-of-course assessment
1228	1228	instruments for secondary-level courses in Algebra I, Algebra II,
1229	1229	geometry, biology, chemistry, physics, English I, English II,
1230	1230	English III, world geography, world history, and United States
1231	1231	history. The Algebra I, Algebra II, and geometry end-of-course
1232	1232	assessment instruments must be administered with the aid of
1233	1233	technology. A school district shall comply with State Board of
1234	1234	Education rules regarding administration of the assessment
1235	1235	instruments listed in this subsection and shall adopt a policy that
1236	1236	requires a student's performance on an end-of-course assessment
1237	1237	instrument for a course listed in this subsection in which the
1238	1238	student is enrolled to account for 15 percent of the student's final
1239	1239	grade for the course. If a student retakes an end-of-course
1240	1240	assessment instrument for a course listed in this subsection, as
1241	1241	provided by Section 39.025, a school district is not required to use
1242	1242	the student's performance on the subsequent administration or
1243	1243	administrations of the assessment instrument to determine the
1244	1244	student's final grade for the course. If a student is in a special
1245	1245	education program under Subchapter A, Chapter 29, the student's
1246	1246	admission, review, and dismissal committee shall determine whether
1247	1247	any allowable modification is necessary in administering to the
1248	1248	student an assessment instrument required under this subsection [or
1249	1249	whether the student should be exempted under Section 39.027(a)(2)].
1250	1250	The State Board of Education shall administer the assessment
1251	1251	instruments. The State Board of Education shall adopt a schedule
1252	1252	for the administration of end-of-course assessment instruments
1253	1253	that complies with the requirements of Subsection (c-3).
1254	1254	(c-4) To the extent practicable and subject to Section
1255	1255	39.024, the agency shall ensure that each end-of-course assessment
1256	1256	instrument adopted under Subsection (c) is:
1257	1257	(1) developed in a manner that measures a student's
1258	1258	performance under the college readiness standards established
1259	1259	under Section 28.008; and
1260	1260	(2) validated by national postsecondary education
1261	1261	experts for college readiness content and performance standards.
1262	1262	(d) The commissioner may participate in multistate efforts
1263	1263	to develop voluntary standardized end-of-course assessment
1264	1264	instruments. The commissioner by rule may require a school
1265	1265	district to administer an end-of-course assessment instrument
1266	1266	developed through the multistate efforts. The admission, review,
1267	1267	and dismissal committee of a student in a special education program
1268	1268	under Subchapter A, Chapter 29, shall determine whether any
1269	1269	allowable modification is necessary in administering to the student
1270	1270	an end-of-course assessment instrument [or whether the student
1271	1271	should be exempted under Section 39.027(a)(2)].
1272	1272	(e) Under rules adopted by the State Board of Education,
1273	1273	every third year, the agency shall release the questions and answer
1274	1274	keys to each assessment instrument administered under Subsection
1275	1275	(a), (b), (c), (d), or (l), excluding any assessment instrument
1276	1276	administered to a student for the purpose of retaking the
1277	1277	assessment instrument, after the last time the instrument is
1278	1278	administered for that school year. To ensure a valid bank of
1279	1279	questions for use each year, the agency is not required to release a
1280	1280	question that is being field-tested and was not used to compute the
1281	1281	student's score on the instrument. The agency shall also release,
1282	1282	under board rule, each question that is no longer being
1283	1283	field-tested and that was not used to compute a student's score.
1284	1284	(l) The State Board of Education shall adopt rules for the
1285	1285	administration of the assessment instruments adopted under
1286	1286	Subsection (a) in Spanish to students in grades three through five
1287	1287	[six] who are of limited English proficiency, as defined by Section
1288	1288	29.052, whose primary language is Spanish, and who are not
1289	1289	otherwise exempt from the administration of an assessment
1290	1290	instrument under Section 39.027(a)(1) or (2) [39.027(a)(3) or (4)].
1291	1291	Each student of limited English proficiency whose primary language
1292	1292	is Spanish, other than a student to whom Subsection (b) applies, may
1293	1293	be assessed using assessment instruments in Spanish under this
1294	1294	subsection for up to three years or assessment instruments in
1295	1295	English under Subsection (a). The language proficiency assessment
1296	1296	committee established under Section 29.063 shall determine which
1297	1297	students are administered assessment instruments in Spanish under
1298	1298	this subsection.
1299	1299	(m) The commissioner by rule shall develop procedures under
1300	1300	which the language proficiency assessment committee established
1301	1301	under Section 29.063 shall determine which students are exempt from
1302	1302	the administration of the assessment instruments under Section
1303	1303	39.027(a)(1) or (2) [39.027(a)(3) and (4)]. The rules adopted
1304	1304	under this subsection shall ensure that the language proficiency
1305	1305	assessment committee provides that the exempted students are
1306	1306	administered the assessment instruments under Subsections (a) and
1307	1307	(c) at the earliest practical date.
1308	1308	(o) The commissioner of education and the commissioner of
1309	1309	higher education shall study the feasibility of allowing students
1310	1310	to satisfy end-of-course requirements under Subsection (c) by
1311	1311	successfully completing a dual credit course through an institution
1312	1312	of higher education. Not later than December 1, 2010, the
1313	1313	commissioner of education and the commissioner of higher education
1314	1314	shall make recommendations to the legislature based on the study
1315	1315	conducted under this subsection.
1316	1316	(p) On or before September 1 of each year, the commissioner
1317	1317	shall make the following information available on the agency's
1318	1318	Internet website for each assessment instrument administered under
1319	1319	Subsection (a), (c), or (l):
1320	1320	(1) the number of questions on the assessment
1321	1321	instrument;
1322	1322	(2) the number of questions that must be answered
1323	1323	correctly to achieve satisfactory performance as determined by the
1324	1324	commissioner under Section 39.0241(a);
1325	1325	(3) the number of questions that must be answered
1326	1326	correctly to achieve satisfactory performance under the college
1327	1327	readiness performance standard as provided by Section 39.0241; and
1328	1328	(4) the corresponding scale scores.
1329	1329	SECTION 51. Section 39.0233(d), Education Code, is amended
1330	1330	to read as follows:
1331	1331	(d) The questions adopted under this section may not [must]
1332	1332	be administered in a separate section of the end-of-course
1333	1333	assessment instrument [in which the questions are included].
1334	1334	SECTION 52. Section 39.0234(a), Education Code, is amended
1335	1335	to read as follows:
1336	1336	(a) The agency shall ensure that assessment instruments
1337	1337	required under Section 39.023 are capable of being administered by
1338	1338	computer. The commissioner may not require a school district or
1339	1339	open-enrollment charter school to administer an assessment
1340	1340	instrument by computer.
1341	1341	SECTION 53. Subchapter B, Chapter 39, Education Code, is
1342	1342	amended by amending Section 39.024 and adding Sections 39.0241 and
1343	1343	39.0242 to read as follows:
1344	1344	Sec. 39.024. MEASURE OF COLLEGE READINESS. (a) In this
1345	1345	section, "college readiness" means the level of preparation a
1346	1346	student must attain in English language arts and mathematics
1347	1347	courses to enroll and succeed, without remediation, in an
1348	1348	entry-level general education course for credit in that same
1349	1349	content area for a baccalaureate degree or associate degree program
1350	1350	at:
1351	1351	(1) a general academic teaching institution, as
1352	1352	defined by Section 61.003, other than a research institution, as
1353	1353	categorized under the Texas Higher Education Coordinating Board's
1354	1354	accountability system; or
1355	1355	(2) a postsecondary educational institution that
1356	1356	primarily offers associate degrees or certificates or credentials
1357	1357	other than baccalaureate or advanced degrees.
1358	1358	(b) The agency and the Texas Higher Education Coordinating
1359	1359	Board shall ensure that the Algebra II and English III
1360	1360	end-of-course assessment instruments required under Section
1361	1361	39.023(c) are developed to be capable of, beginning with the
1362	1362	2011-2012 school year, measuring college readiness.
1363	1363	(c) Before the beginning of the 2011-2012 school year, the
1364	1364	agency, in collaboration with the Texas Higher Education
1365	1365	Coordinating Board, shall gather data and conduct research studies
1366	1366	to substantiate the correlation between a certain level of
1367	1367	performance by students on the Algebra II and English III
1368	1368	end-of-course assessment instruments and college readiness.
1369	1369	(d) Studies under Subsection (c) must include an evaluation
1370	1370	of any need for remediation courses to facilitate college
1371	1371	readiness.
1372	1372	(e) Based on the results of the studies conducted under
1373	1373	Subsection (c), the commissioner of education and the commissioner
1374	1374	of higher education shall establish student performance standards
1375	1375	for the Algebra II and English III end-of-course assessment
1376	1376	instruments indicating that students have attained college
1377	1377	readiness.
1378	1378	(f) The agency, in collaboration with the Texas Higher
1379	1379	Education Coordinating Board, shall conduct research studies
1380	1380	similar to the studies conducted under Subsection (c) for the
1381	1381	appropriate science and social studies end-of-course assessment
1382	1382	instruments. If the commissioner of education, in collaboration
1383	1383	with the commissioner of higher education, determines that the
1384	1384	research studies conducted under this subsection substantiate a
1385	1385	correlation between a certain level of performance by students on
1386	1386	science and social studies end-of-course assessment instruments
1387	1387	and college readiness, the commissioner of education, in
1388	1388	collaboration with the commissioner of higher education, as soon as
1389	1389	practicable, may establish student performance standards for the
1390	1390	science and social studies end-of-course assessment instruments
1391	1391	indicating that students have attained college readiness.
1392	1392	(f-1) Not later than December 1, 2012, the agency and the
1393	1393	Texas Higher Education Coordinating Board shall deliver to the
1394	1394	lieutenant governor, the speaker of the house of representatives,
1395	1395	and the clerks of the standing committees of the senate and the
1396	1396	house of representatives with primary jurisdiction over public
1397	1397	education and higher education a report that includes:
1398	1398	(1) an analysis of the feasibility of establishing
1399	1399	college readiness performance standards for science and social
1400	1400	studies end-of-course assessment instruments; and
1401	1401	(2) a summary of any implementation procedures adopted
1402	1402	for each standard.
1403	1403	(f-2) Subsection (f-1) and this subsection expire January
1404	1404	1, 2013.
1405	1405	(g) The agency, in collaboration with the Texas Higher
1406	1406	Education Coordinating Board, shall continue to gather data to
1407	1407	perform studies as provided under Subsections (c) and (f) at least
1408	1408	once every three years.
1409	1409	(h) The agency and the Texas Higher Education Coordinating
1410	1410	Board shall periodically review the college readiness performance
1411	1411	standards established under this section and compare the
1412	1412	performance standards to performance standards established
1413	1413	nationally and internationally for comparable assessment
1414	1414	instruments. Following each review, the agency and the Texas
1415	1415	Higher Education Coordinating Board shall deliver to the lieutenant
1416	1416	governor, the speaker of the house of representatives, and the
1417	1417	clerks of the standing committees of the senate and the house of
1418	1418	representatives with primary jurisdiction over public education
1419	1419	and higher education a report on the results of the review
1420	1420	indicating whether the college readiness performance standards
1421	1421	established under this section are sufficiently rigorous to prepare
1422	1422	students in this state to compete academically with students
1423	1423	nationally and internationally. If the agency and the Texas Higher
1424	1424	Education Coordinating Board determine that the college readiness
1425	1425	performance standards established under this section are not
1426	1426	sufficiently rigorous, the agency and the Texas Higher Education
1427	1427	Coordinating Board shall recommend changes to the college readiness
1428	1428	performance standards.
1429	1429	(i) The agency shall gather data and conduct research to
1430	1430	substantiate any correlation between a certain level of performance
1431	1431	by students on end-of-course assessment instruments and success in:
1432	1432	(1) military service; or
1433	1433	(2) a workforce training, certification, or other
1434	1434	credential program at a postsecondary educational institution that
1435	1435	primarily offers associate degrees or certificates or credentials
1436	1436	other than baccalaureate or advanced degrees.
1437	1437	Sec. 39.0241. [SATISFACTORY] PERFORMANCE STANDARDS.
1438	1438	(a) The commissioner [Except as otherwise provided by this
1439	1439	subsection, the State Board of Education] shall determine the level
1440	1440	of performance considered to be satisfactory on the assessment
1441	1441	instruments.
1442	1442	(a-1) The commissioner of education, in collaboration with
1443	1443	the commissioner of higher education, shall determine the level of
1444	1444	performance necessary to indicate college readiness, as defined by
1445	1445	Section 39.024(a).
1446	1446	(a-2) For the purpose of establishing performance across
1447	1447	grade levels, the commissioner shall establish:
1448	1448	(1) the performance standards for the Algebra II and
1449	1449	English III end-of-course assessment instruments, as provided
1450	1450	under Section 39.024(b) and under Subsection (a);
1451	1451	(2) the performance standards for the Algebra I and
1452	1452	English II end-of-course assessment instruments, as determined
1453	1453	based on studies under Section 39.0242 that correlate student
1454	1454	performance on the Algebra I and English II end-of-course
1455	1455	assessment instruments with student performance on the Algebra II
1456	1456	and English III assessment instruments;
1457	1457	(3) the performance standards for the English I
1458	1458	end-of-course assessment instrument, as determined based on
1459	1459	studies under Section 39.0242 that correlate student performance on
1460	1460	the English I end-of-course assessment instrument with student
1461	1461	performance on the English II assessment instrument;
1462	1462	(4) the performance standards for the grade eight
1463	1463	assessment instruments, as determined based on studies under
1464	1464	Section 39.0242 that correlate student performance on the grade
1465	1465	eight assessment instruments with student performance on the
1466	1466	Algebra I and English I end-of-course assessment instruments in the
1467	1467	same content area; and
1468	1468	(5) the performance standards on the assessment
1469	1469	instruments in each of grades three through seven, as determined
1470	1470	based on studies under Section 39.0242 that correlate student
1471	1471	performance in the same content area on the assessment instrument
1472	1472	for each grade with student performance on the assessment
1473	1473	instrument in the succeeding grade.
1474	1474	[The admission, review, and dismissal committee of a student
1475	1475	being assessed under Section 39.023(b) shall determine the level of
1476	1476	performance considered to be satisfactory on the assessment
1477	1477	instruments administered to that student in accordance with
1478	1478	criteria established by agency rule.]
1479	1479	(c) The agency may [shall] develop study guides for the
1480	1480	assessment instruments administered under Sections 39.023(a) and
1481	1481	(c). To assist parents in providing assistance during the period
1482	1482	that school is recessed for summer, each school district shall make
1483	1483	[distribute] the study guides available to parents of students who
1484	1484	do not perform satisfactorily as determined by the commissioner
1485	1485	under Subsection (a) on one or more parts of an assessment
1486	1486	instrument administered under this subchapter.
1487	1487	(d) The agency shall develop and make available teacher
1488	1488	training materials and other teacher training resources to assist
1489	1489	teachers in enabling students of limited English proficiency to
1490	1490	meet state performance expectations. The teacher training
1491	1491	resources shall be designed to support intensive, individualized,
1492	1492	and accelerated instructional programs developed by school
1493	1493	districts for students of limited English proficiency.
1494	1494	(e) The commissioner shall retain a portion of the total
1495	1495	amount of funds allotted under Section 42.152(a) that the
1496	1496	commissioner considers appropriate to finance activities under
1497	1497	Subsection [Subsections] (c) and may retain a portion for
1498	1498	activities under Subsection (d) and for intensive programs of
1499	1499	instruction for students of limited English proficiency offered by
1500	1500	school districts and shall reduce each district's allotment
1501	1501	proportionately.
1502	1502	Sec. 39.0242. PERFORMANCE STANDARDS: RESEARCH STUDIES AND
1503	1503	IMPLEMENTATION OF STANDARDS. (a) During the 2009-2010 and
1504	1504	2010-2011 school years, the agency shall collect data through:
1505	1505	(1) the annual administration of assessment
1506	1506	instruments required under Section 39.023(a) in grades three
1507	1507	through eight; and
1508	1508	(2) the administration to a sufficiently large sample
1509	1509	of students throughout the state of end-of-course assessment
1510	1510	instruments required under Section 39.023(c) for the purpose of
1511	1511	setting performance standards.
1512	1512	(b) Before the beginning of the 2011-2012 school year, the
1513	1513	agency shall analyze the data collected under Subsection (a) to
1514	1514	substantiate:
1515	1515	(1) the correlation between satisfactory student
1516	1516	performance for each performance standard under Section 39.0241 on
1517	1517	the grade three, four, five, six, or seven assessment instruments
1518	1518	with satisfactory performance under the same performance standard
1519	1519	on the assessment instruments in the same content area for the next
1520	1520	grade level;
1521	1521	(2) the correlation between satisfactory student
1522	1522	performance for each performance standard under Section 39.0241 on
1523	1523	the grade eight assessment instruments with satisfactory
1524	1524	performance under the same performance standard on the Algebra I
1525	1525	and English I end-of-course assessment instruments in the same
1526	1526	content area;
1527	1527	(3) the correlation between satisfactory student
1528	1528	performance for each performance standard under Section 39.0241 on
1529	1529	the English I end-of-course assessment instrument with
1530	1530	satisfactory performance under the same performance standard on the
1531	1531	English II end-of-course assessment instrument;
1532	1532	(4) the correlation between satisfactory student
1533	1533	performance for each performance standard under Section 39.0241 on
1534	1534	the English II end-of-course assessment instrument with
1535	1535	satisfactory performance under the same performance standard on the
1536	1536	English III end-of-course assessment instrument; and
1537	1537	(5) the correlation between satisfactory student
1538	1538	performance for each performance standard under Section 39.0241 on
1539	1539	the Algebra I end-of-course assessment instrument with
1540	1540	satisfactory performance under the same performance standard on the
1541	1541	Algebra II end-of-course assessment instrument.
1542	1542	(c) Studies under this section must include an evaluation of
1543	1543	any need for remediation courses to facilitate college readiness.
1544	1544	(d) The agency shall continue to gather data and perform
1545	1545	studies as provided under this section at least once every three
1546	1546	years. If the data do not support the correlation between student
1547	1547	performance standards and college readiness, the commissioner of
1548	1548	education, in collaboration with the commissioner of higher
1549	1549	education, shall revise the standard of performance considered to
1550	1550	be satisfactory.
1551	1551	(e) Based on the data collected and studies performed
1552	1552	periodically under Subsection (d), the commissioner shall increase
1553	1553	the rigor of the performance standard established under Section
1554	1554	39.0241(a) as the commissioner determines necessary.
1555	1555	SECTION 54. Section 39.025, Education Code, is amended by
1556	1556	amending Subsections (a), (a-1), (b), (b-1), (b-2), and (f) and
1557	1557	adding Subsections (a-2), (a-3), and (c-1) to read as follows:
1558	1558	(a) The commissioner shall adopt rules requiring a student
1559	1559	participating in the recommended or advanced high school program to
1560	1560	be administered each end-of-course assessment instrument listed in
1561	1561	Section 39.023(c) and requiring a student participating in the
1562	1562	minimum high school program to be administered an end-of-course
1563	1563	assessment instrument listed in Section 39.023(c) only for a course
1564	1564	in which the student is enrolled and for which an end-of-course
1565	1565	assessment instrument is administered. A student is required to
1566	1566	achieve, in each subject in the foundation curriculum under Section
1567	1567	28.002(a)(1), a cumulative score that is at least equal to the
1568	1568	product of the number of end-of-course assessment instruments
1569	1569	administered to the student in that subject and a scale score that
1570	1570	indicates satisfactory performance, as determined by the
1571	1571	commissioner under Section 39.0241(a) [70, with each end-of-course
1572	1572	assessment instrument scored on a scale of 100]. A student must
1573	1573	achieve a minimum score as determined by the commissioner to be
1574	1574	within a reasonable range of the scale score under Section
1575	1575	39.0241(a) [of at least 60] on an end-of-course assessment
1576	1576	instrument for the score to count towards the student's cumulative
1577	1577	score. For purposes of this subsection, a student's cumulative
1578	1578	score is determined using the student's highest score on each
1579	1579	end-of-course assessment instrument administered to the
1580	1580	student. A student may not receive a high school diploma until the
1581	1581	student has performed satisfactorily on the end-of-course
1582	1582	assessment instruments in the manner provided under this
1583	1583	subsection. This subsection does not require a student to
1584	1584	demonstrate readiness to enroll in an institution of higher
1585	1585	education.
1586	1586	(a-1) The commissioner by rule shall determine a method by
1587	1587	which a student's satisfactory performance on an advanced placement
1588	1588	test, international baccalaureate examination, an SAT [a
1589	1589	Scholastic Assessment Test (SAT)] Subject Test, or another
1590	1590	assessment instrument determined by the commissioner to be at least
1591	1591	as rigorous as an end-of-course assessment instrument adopted under
1592	1592	Section 39.023(c) may be used as a factor in determining whether the
1593	1593	student satisfies the requirements of Subsection (a), including the
1594	1594	cumulative score requirement of that subsection. The commissioner
1595	1595	by rule may determine a method by which a student's satisfactory
1596	1596	performance on a Preliminary Scholastic Assessment Test (PSAT)
1597	1597	assessment or a preliminary American College Test (ACT) assessment
1598	1598	may be used as a factor in determining whether the student satisfies
1599	1599	the requirements of Subsection (a).
1600	1600	(a-2) In addition to the cumulative score requirements
1601	1601	under Subsection (a), a student must achieve a score that meets or
1602	1602	exceeds the score determined by the commissioner under Section
1603	1603	39.0241(a) for English III and Algebra II end-of-course assessment
1604	1604	instruments to graduate under the recommended high school program.
1605	1605	(a-3) In addition to the cumulative score requirements
1606	1606	under Subsection (a), a student must achieve a score that meets or
1607	1607	exceeds the score determined by the commissioner under Section
1608	1608	39.0241(a-1) on English III and Algebra II end-of-course assessment
1609	1609	instruments in order to graduate under the advanced high school
1610	1610	program.
1611	1611	(b) Each time an end-of-course assessment instrument is
1612	1612	administered, a student who failed to achieve a minimum score under
1613	1613	Subsection (a) [of at least 60 on the assessment instrument] shall
1614	1614	retake the assessment instrument. A student who fails to perform
1615	1615	satisfactorily on an Algebra II or English III end-of-course
1616	1616	assessment instrument under the college readiness performance
1617	1617	standard, as provided under Section 39.024(b), may retake the
1618	1618	assessment instrument. Any other student may retake an
1619	1619	end-of-course assessment instrument for any reason. A student is
1620	1620	not required to retake a course as a condition of retaking an
1621	1621	end-of-course assessment instrument.
1622	1622	(b-1) A school district shall provide each student who fails
1623	1623	to perform satisfactorily as determined by the commissioner under
1624	1624	Section 39.0241(a) [achieve a score of at least 70] on an
1625	1625	end-of-course assessment instrument with accelerated instruction
1626	1626	in the subject assessed by the assessment instrument.
1627	1627	(b-2) If a school district determines that a student, on
1628	1628	completion of grade 11, is unlikely to achieve the cumulative score
1629	1629	requirements for one or more subjects prescribed by Subsection (a)
1630	1630	for receiving a high school diploma, the district shall require the
1631	1631	student to enroll in a corresponding content-area college
1632	1632	preparatory course for which an end-of-course assessment
1633	1633	instrument has been adopted, if available. A student who enrolls
1634	1634	in a college preparatory course described by this subsection shall
1635	1635	be administered an end-of-course assessment instrument for the
1636	1636	course, with the end-of-course assessment instrument scored on a
1637	1637	scale as determined by the commissioner not to exceed 20 percent of
1638	1638	the cumulative score requirements required to graduate as
1639	1639	determined under Subsection (a) [of 40]. A student may use the
1640	1640	student's score on the end-of-course assessment instrument for the
1641	1641	college preparatory course towards satisfying the cumulative score
1642	1642	requirements prescribed by Subsection (a).
1643	1643	(c-1) A school district may not administer an assessment
1644	1644	instrument required for graduation administered under this section
1645	1645	as this section existed before September 1, 1999. A school district
1646	1646	may administer to a student who failed to perform satisfactorily on
1647	1647	an assessment instrument described by this subsection an alternate
1648	1648	assessment instrument designated by the commissioner. The
1649	1649	commissioner shall determine the level of performance considered to
1650	1650	be satisfactory on an alternate assessment instrument. The
1651	1651	district may not administer to the student an assessment instrument
1652	1652	or a part of an assessment instrument that assesses a subject that
1653	1653	was not assessed in an assessment instrument required for
1654	1654	graduation administered under this section as this section existed
1655	1655	before September 1, 1999. The commissioner shall make available to
1656	1656	districts information necessary to administer the alternate
1657	1657	assessment instrument authorized by this subsection. The
1658	1658	commissioner's determination regarding designation of an
1659	1659	appropriate alternate assessment instrument under this subsection
1660	1660	and the performance required on the assessment instrument is final
1661	1661	and may not be appealed.
1662	1662	(f) The commissioner shall by rule adopt a transition plan
1663	1663	to implement the amendments made by Chapter 1312 (S.B. No. 1031),
1664	1664	Acts of the 80th Legislature, Regular Session, 2007, replacing
1665	1665	general subject assessment instruments administered at the high
1666	1666	school level with end-of-course assessment instruments [to this
1667	1667	section and Sections 39.023(a) and (c) and 39.051(b)(5)]. The
1668	1668	rules must provide for the end-of-course assessment instruments
1669	1669	adopted under Section 39.023(c) to be administered beginning with
1670	1670	students entering the ninth grade during the 2011-2012 school year.
1671	1671	During the period under which the transition to end-of-course
1672	1672	assessment instruments is made:
1673	1673	(1) for students entering a grade above the ninth
1674	1674	grade during the 2011-2012 school year, the commissioner shall
1675	1675	retain, administer, and use for purposes of accreditation and other
1676	1676	campus and district accountability measures [ratings] under this
1677	1677	chapter [Subchapter D] the assessment instruments required by
1678	1678	Section 39.023(a) or (c), as that section existed before amendment
1679	1679	by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature,
1680	1680	Regular Session, 2007;
1681	1681	(2) a student subject to Subdivision (1) may not
1682	1682	receive a high school diploma unless the student has performed
1683	1683	satisfactorily on each required assessment instrument administered
1684	1684	under Section 39.023(c) as that section existed before amendment by
1685	1685	Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular
1686	1686	Session, 2007; and
1687	1687	(3) [(2)] the agency may defer releasing assessment
1688	1688	instrument questions and answer keys as required by Section
1689	1689	39.023(e) to the extent necessary to develop additional assessment
1690	1690	instruments.
1691	1691	SECTION 55. Section 39.0262(a), Education Code, is amended
1692	1692	to read as follows:
1693	1693	(a) In a subject area for which assessment instruments are
1694	1694	administered under Section 39.023, a school district may not
1695	1695	administer locally required [district-required] assessment
1696	1696	instruments designed to prepare students for state-administered
1697	1697	assessment instruments to any student on more than 10 percent of the
1698	1698	instructional days in any school year. A campus-level planning and
1699	1699	decision-making committee established under Section 11.251 may
1700	1700	limit the administration of locally required assessment
1701	1701	instruments under this subsection to 10 percent or a lower
1702	1702	percentage of the instructional days in any school year.
1703	1703	SECTION 56. Section 39.027, Education Code, is amended by
1704	1704	amending Subsections (a) and (e) and adding Subsection (a-1) to
1705	1705	read as follows:
1706	1706	(a) A student may be administered an accommodated or
1707	1707	alternative assessment instrument or may be granted an exemption
1708	1708	[exempted] from or a postponement of the administration of an
1709	1709	assessment instrument under:
1710	1710	(1) [Section 39.023(a) or (b) if the student is
1711	1711	eligible for a special education program under Section 29.003 and
1712	1712	the student's individualized education program does not include
1713	1713	instruction in the essential knowledge and skills under Section
1714	1714	28.002 at any grade level;
1715	1715	[(2) Section 39.023(c) or (d) if the student is
1716	1716	eligible for a special education program under Section 29.003 and:
1717	1717	[(A) the student's individualized education
1718	1718	program does not include instruction in the essential knowledge and
1719	1719	skills under Section 28.002 at any grade level; or
1720	1720	[(B) the assessment instrument, even with
1721	1721	allowable modifications, would not provide an appropriate measure
1722	1722	of the student's achievement as determined by the student's
1723	1723	admission, review, and dismissal committee;
1724	1724	[(3)] Section 39.023(a), (b), (c), or (l) for a period
1725	1725	of up to one year after initial enrollment in a school in the United
1726	1726	States if the student is of limited English proficiency, as defined
1727	1727	by Section 29.052, and has not demonstrated proficiency in English
1728	1728	as determined by the assessment system under Subsection (e); [or]
1729	1729	(2) [(4)] Section 39.023(a), (b), (c), or (l) for a
1730	1730	period of up to two years in addition to the exemption period
1731	1731	authorized by Subdivision (1) [(3)] if the student has received an
1732	1732	exemption under Subdivision (1) [(3)] and:
1733	1733	(A) is a recent unschooled immigrant; or
1734	1734	(B) is in a grade for which no assessment
1735	1735	instrument in the primary language of the student is available; or
1736	1736	(3) Section 39.023(a), (b), (c), or (l) for a period of
1737	1737	up to four years, in addition to the exemption period authorized
1738	1738	under Subdivision (1), if the student's initial enrollment in a
1739	1739	school in the United States was as an unschooled asylee or refugee.
1740	1740	(a-1) For purposes of this section, "unschooled asylee or
1741	1741	refugee" means a student who:
1742	1742	(1) initially enrolled in a school in the United
1743	1743	States as:
1744	1744	(A) an asylee as defined by 45 C.F.R. Section
1745	1745	400.41; or
1746	1746	(B) a refugee as defined by 8 U.S.C. Section
1747	1747	1101;
1748	1748	(2) has a visa issued by the United States Department
1749	1749	of State with a Form I-94 Arrival/Departure record, or a successor
1750	1750	document, issued by the United States Citizenship and Immigration
1751	1751	Services that is stamped with "Asylee," "Refugee," or "Asylum"; and
1752	1752	(3) as a result of inadequate schooling outside of the
1753	1753	United States, lacks the necessary foundation in the essential
1754	1754	knowledge and skills of the curriculum prescribed under Section
1755	1755	28.002, as determined by the language proficiency assessment
1756	1756	committee established under Section 29.063.
1757	1757	(e) The commissioner shall develop an assessment system
1758	1758	that shall be used for evaluating the academic progress, including
1759	1759	reading proficiency in English, of all students of limited English
1760	1760	proficiency, as defined by Section 29.052. A student who is exempt
1761	1761	from the administration of an assessment instrument under
1762	1762	Subsection (a)(1) or (2) [(a)(3) or (4)] who achieves reading
1763	1763	proficiency in English as determined by the assessment system
1764	1764	developed under this subsection shall be administered the
1765	1765	assessment instruments described by Sections 39.023(a) and (c).
1766	1766	The performance under the assessment system developed under this
1767	1767	subsection of students to whom Subsection (a)(1) or (2) [(a)(3) or
1768	1768	(4)] applies shall be included in the [academic excellence]
1769	1769	indicator systems [system] under Section 39.301, as applicable
1770	1770	[Section 39.051], the performance report under Section 39.306
1771	1771	[39.053], and the comprehensive annual report under Section 39.332
1772	1772	[39.182]. This information shall be provided in a manner that is
1773	1773	disaggregated by the bilingual education or special language
1774	1774	program, if any, in which the student is enrolled.
1775	1775	SECTION 57. Section 39.033(b), Education Code, is amended
1776	1776	to read as follows:
1777	1777	(b) An agreement under this section must require the private
1778	1778	school to:
1779	1779	(1) as determined appropriate by the commissioner,
1780	1780	provide to the commissioner the information described by Sections
1781	1781	39.053(c) and 39.301(c); [Section 39.051(b)] and
1782	1782	(2) [to] maintain confidentiality in compliance with
1783	1783	Section 39.030.
1784	1784	SECTION 58. Section 39.034, Education Code, is amended by
1785	1785	amending Subsection (d) and adding Subsection (d-1) to read as
1786	1786	follows:
1787	1787	(d) The agency shall determine the necessary annual
1788	1788	improvement required each year for a student to be prepared to
1789	1789	perform satisfactorily on, as applicable:
1790	1790	(1) the grade five assessment instruments;
1791	1791	(2) the grade eight assessment instruments; and
1792	1792	(3) the end-of-course assessment instruments required
1793	1793	under this subchapter for graduation.
1794	1794	(d-1) The agency shall report the necessary annual
1795	1795	improvement required under Subsection (d) to the district. Each
1796	1796	year, the report must state whether the student fell below, met, or
1797	1797	exceeded the necessary target for improvement.
1798	1798	SECTION 59. Subchapters C through L, Chapter 39, Education
1799	1799	Code, as amended by Section 2.25, Chapter 396 (S.B. 4), and Section
1800	1800	4, Chapter 931 (H.B. 2307), Acts of the 76th Legislature, Regular
1801	1801	Session, 1999, are amended to read as follows:
1802	1802	SUBCHAPTER C. ACCREDITATION [PERFORMANCE INDICATORS
1803	1803	[SUBCHAPTER D. ACCREDITATION STATUS]
1804	1804	Sec. 39.051 [39.071]. ACCREDITATION STATUS. [(a)]
1805	1805	Accreditation of a school district is determined in accordance with
1806	1806	this subchapter [section]. The commissioner by rule shall
1807	1807	determine in accordance with this subchapter the criteria for
1808	1808	[define] the following accreditation statuses:
1809	1809	(1) accredited;
1810	1810	(2) accredited-warned; and
1811	1811	(3) accredited-probation.
1812	1812	Sec. 39.052. DETERMINATION OF ACCREDITATION STATUS OR
1813	1813	PERFORMANCE RATING. (a) [(b)] Each year, the commissioner shall
1814	1814	determine the accreditation status of each school district.
1815	1815	(b) In determining the accreditation status of a school
1816	1816	district, the commissioner:
1817	1817	(1) shall evaluate and consider:
1818	1818	(A) [the] performance on student achievement
1819	1819	indicators described by Section 39.053(c) [of the district under:
1820	1820	[(A) the academic accountability system under
1821	1821	Section 39.072]; and
1822	1822	(B) performance under the financial
1823	1823	accountability rating system developed under Subchapter D [I]; and
1824	1824	(2) may evaluate and consider:
1825	1825	(A) the district's compliance with statutory
1826	1826	requirements and requirements imposed by rule of the commissioner
1827	1827	or State Board of Education under specific statutory authority that
1828	1828	relate to:
1829	1829	(i) reporting data through the Public
1830	1830	Education Information Management System (PEIMS) or other reports
1831	1831	required by state or federal law or court order;
1832	1832	(ii) the high school graduation
1833	1833	requirements under Section 28.025; or
1834	1834	(iii) an item listed under Sections
1835	1835	7.056(e)(3)(C)-(I) that applies to the district;
1836	1836	(B) the effectiveness of the district's programs
1837	1837	for special populations; and
1838	1838	(C) the effectiveness of the district's career
1839	1839	and technology program.
1840	1840	(c) Based on a school district's performance under
1841	1841	Subsection (b), the commissioner shall:
1842	1842	(1) assign each [a] district an accreditation status;
1843	1843	or
1844	1844	(2) revoke the accreditation of the district and order
1845	1845	closure of the district [under this subchapter].
1846	1846	(d) A school district's accreditation status may be raised
1847	1847	or lowered based on the district's performance or may be lowered
1848	1848	based on the performance of one or more campuses in the district
1849	1849	that is below a standard required under this subchapter.
1850	1850	(e) [(d)] The commissioner shall notify a school district
1851	1851	that receives an accreditation status of accredited-warned or
1852	1852	accredited-probation or a campus that performs below a standard
1853	1853	required under this subchapter that the performance of the district
1854	1854	or campus is below a standard required under this subchapter
1855	1855	[section]. The commissioner shall require the district to notify
1856	1856	the parents of students enrolled in the district and property
1857	1857	owners in the district of the district's accreditation status and
1858	1858	the implications of that accreditation status.
1859	1859	(f) [(e)] A school district that is not accredited may not
1860	1860	receive funds from the agency or hold itself out as operating a
1861	1861	public school of this state.
1862	1862	(g) [(f)] This chapter may not be construed to invalidate a
1863	1863	diploma awarded, course credit earned, or grade promotion granted
1864	1864	by a school district before the commissioner revoked the district's
1865	1865	accreditation.
1866	1866	Sec. 39.053. PERFORMANCE INDICATORS: STUDENT ACHIEVEMENT.
1867	1867	(a) The commissioner shall adopt a set of indicators of the quality
1868	1868	of learning and student achievement. The commissioner biennially
1869	1869	shall review the indicators for the consideration of appropriate
1870	1870	revisions.
1871	1871	[Sec. 39.051. ACADEMIC EXCELLENCE INDICATORS. (a) The
1872	1872	State Board of Education shall adopt a set of indicators of the
1873	1873	quality of learning on a campus. The State Board of Education
1874	1874	biennially shall review the indicators for the consideration of
1875	1875	appropriate revisions.]
1876	1876	(b) Performance on the student achievement indicators
1877	1877	adopted under this section shall be compared to state-established
1878	1878	standards. [The degree of change from one school year to the next
1879	1879	in performance on each indicator adopted under this section shall
1880	1880	also be considered.] The indicators must be based on information
1881	1881	that is disaggregated by race, ethnicity, [gender,] and
1882	1882	socioeconomic status.
1883	1883	(c) Indicators of student achievement adopted under this
1884	1884	section [and] must include:
1885	1885	(1) the results of assessment instruments required
1886	1886	under Sections 39.023(a), (c), and (l), including the results of
1887	1887	assessment instruments required for graduation retaken by a
1888	1888	student, aggregated across [by] grade levels by [level and] subject
1889	1889	area, including:
1890	1890	(A) for the performance standard determined by
1891	1891	the commissioner under Section 39.0241(a):
1892	1892	(i) the percentage of students who
1893	1893	performed satisfactorily on the assessment instruments, aggregated
1894	1894	across grade levels by subject area; and
1895	1895	(ii) for students who did not perform
1896	1896	satisfactorily, the percentage of students who met the standard for
1897	1897	annual improvement, as determined by the agency under Section
1898	1898	39.034, on the assessment instruments, aggregated across grade
1899	1899	levels by subject area; and
1900	1900	(B) for the college readiness performance
1901	1901	standard as determined under Section 39.0241:
1902	1902	(i) the percentage of students who
1903	1903	performed satisfactorily on the assessment instruments, aggregated
1904	1904	across grade levels by subject area; and
1905	1905	(ii) for students who did not perform
1906	1906	satisfactorily, the percentage of students who met the standard for
1907	1907	annual improvement, as determined by the agency under Section
1908	1908	39.034, on the assessment instruments, aggregated across grade
1909	1909	levels by subject area;
1910	1910	(2) dropout rates, including dropout rates and
1911	1911	district completion rates for grade levels 9 through 12, computed
1912	1912	in accordance with standards and definitions adopted by the
1913	1913	National Center for Education Statistics of the United States
1914	1914	Department of Education; and
1915	1915	(3) high school graduation rates, computed in
1916	1916	accordance with standards and definitions adopted in compliance
1917	1917	with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et
1918	1918	seq.).
1919	1919	(d) For purposes of Subsection (c), the commissioner by rule
1920	1920	shall determine the period within which a student must retake an
1921	1921	assessment instrument for that assessment instrument to be
1922	1922	considered in determining the performance rating of the district
1923	1923	under Section 39.054.
1924	1924	(e) [(Pub. L. No. 107-110);
1925	1925	[(4) student attendance rates;
1926	1926	[(5) the percentage of graduating students who attain
1927	1927	scores on the questions developed for end-of-course assessment
1928	1928	instruments under Section 39.0233(a) that are equivalent to a
1929	1929	passing score on the assessment instrument required under Section
1930	1930	51.3062;
1931	1931	[(6) the percentage of graduating students who meet
1932	1932	the course requirements established for the recommended high school
1933	1933	program by State Board of Education rule;
1934	1934	[(7) the results of the Scholastic Assessment Test
1935	1935	(SAT), the American College Test (ACT), articulated postsecondary
1936	1936	degree programs described by Section 61.852, and certified
1937	1937	workforce training programs described by Chapter 311, Labor Code;
1938	1938	[(8) the percentage of students, aggregated by grade
1939	1939	level, provided accelerated instruction under Section 28.0211(c),
1940	1940	the results of assessments administered under that section, the
1941	1941	percentage of students promoted through the grade placement
1942	1942	committee process under Section 28.0211, the subject of the
1943	1943	assessment instrument on which each student failed to perform
1944	1944	satisfactorily, and the performance of those students in the school
1945	1945	year following that promotion on the assessment instruments
1946	1946	required under Section 39.023;
1947	1947	[(9) for students who have failed to perform
1948	1948	satisfactorily on an assessment instrument required under Section
1949	1949	39.023(a) or (c), the numerical progress of those students grouped
1950	1950	by percentage on subsequent assessment instruments required under
1951	1951	those sections, aggregated by grade level and subject area;
1952	1952	[(10) the percentage of students exempted, by
1953	1953	exemption category, from the assessment program generally
1954	1954	applicable under this chapter;
1955	1955	[(11) the percentage of students of limited English
1956	1956	proficiency exempted from the administration of an assessment
1957	1957	instrument under Sections 39.027(a)(3) and (4);
1958	1958	[(12) the percentage of students in a special
1959	1959	education program under Subchapter A, Chapter 29, assessed through
1960	1960	assessment instruments developed or adopted under Section
1961	1961	39.023(b);
1962	1962	[(13) the measure of progress toward preparation for
1963	1963	postsecondary success; and
1964	1964	[(14) the measure of progress toward dual language
1965	1965	proficiency under Section 39.034(b), for students of limited
1966	1966	English proficiency, as defined by Section 29.052.
1967	1967	[(b-1) Performance on the indicators described by
1968	1968	Subsections (b)(1), (2), (3), (8), (9), and (14) must be based on
1969	1969	longitudinal student data that is disaggregated by the bilingual
1970	1970	education or special language program, if any, in which students of
1971	1971	limited English proficiency, as defined by Section 29.052, are or
1972	1972	former students of limited English proficiency were enrolled. If a
1973	1973	student described by this subsection is not or was not enrolled in
1974	1974	specialized language instruction, the number and percentage of
1975	1975	those students shall be provided.
1976	1976	[(c)] Performance on the student achievement indicators
1977	1977	[indicator] under Subsections (c)(1) and (2) [Subsection (b)(1)]
1978	1978	shall be compared to state standards and[,] required improvement[,
1979	1979	and comparable improvement]. The state standard shall be
1980	1980	established by the commissioner. Required improvement is [defined
1981	1981	as] the progress necessary for the campus or district to meet state
1982	1982	standards and, for the student achievement indicator under
1983	1983	Subsection (c)(1), for its students to meet each of the performance
1984	1984	standards as determined under Section 39.0241.
1985	1985	(f) [exit requirements as defined by the commissioner.
1986	1986	Comparable improvement is derived by measuring campuses and
1987	1987	districts against a profile developed from a total state student
1988	1988	performance database which exhibits substantial equivalence to the
1989	1989	characteristics of students served by the campus or district,
1990	1990	including past academic performance, socioeconomic status,
1991	1991	ethnicity, and limited English proficiency.
1992	1992	[(d)] Annually, the commissioner shall define the state
1993	1993	standard for the current school year for each student achievement
1994	1994	[exemplary, recognized, and unacceptable performance for each
1995	1995	academic excellence] indicator described by Subsection (c)
1996	1996	[included under Subsections (b)(1) through (7)] and shall project
1997	1997	the state standards for each [of those levels of performance for
1998	1998	succeeding years. For the] indicator for the following two school
1999	1999	[under Subsection (b)(8), the commissioner shall define exemplary,
2000	2000	recognized, and unacceptable performance based on student
2001	2001	performance for the period covering both the current and preceding
2002	2002	academic] years. The commissioner shall periodically raise the
2003	2003	state standards for the student achievement indicator described by
2004	2004	Subsection (c)(1)(B)(i) for accreditation as necessary to reach the
2005	2005	goals of achieving, by not later than the 2019-2020 school year:
2006	2006	(1) student performance in this state, disaggregated
2007	2007	by race, ethnicity, and socioeconomic status, that ranks nationally
2008	2008	in the top 10 states in terms of college readiness; and
2009	2009	(2) student performance, including the percentage of
2010	2010	students graduating under the recommended or advanced high school
2011	2011	program, with no significant achievement gaps by race, ethnicity,
2012	2012	and socioeconomic status.
2013	2013	(g) In defining the required state standard [exemplary,
2014	2014	recognized, and unacceptable performance] for the indicator
2015	2015	described by Subsection (c)(2) [indicators under Subsections
2016	2016	(b)(2) and (4)], the commissioner may not consider as a dropout [or
2017	2017	as] a student [who has failed to attend school a student] whose
2018	2018	failure to attend school results from:
2019	2019	(1) the student's expulsion under Section 37.007; and
2020	2020	(2) as applicable:
2021	2021	(A) adjudication as having engaged in delinquent
2022	2022	conduct or conduct indicating a need for supervision, as defined by
2023	2023	Section 51.03, Family Code; or
2024	2024	(B) conviction of and sentencing for an offense
2025	2025	under the Penal Code.
2026	2026	(g-1) In computing dropout and completion rates under
2027	2027	Subsection (c)(2), the commissioner shall exclude:
2028	2028	(1) students who are ordered by a court to attend a
2029	2029	high school equivalency certificate program but who have not yet
2030	2030	earned a high school equivalency certificate;
2031	2031	(2) students who were previously reported to the state
2032	2032	as dropouts;
2033	2033	(3) students in attendance who are not in membership
2034	2034	for purposes of average daily attendance;
2035	2035	(4) students whose initial enrollment in a school in
2036	2036	the United States in grades 7 through 12 was as unschooled refugees
2037	2037	or asylees as defined by Section 39.027(a-1);
2038	2038	(5) students who are in the district exclusively as a
2039	2039	function of having been detained at a county detention facility but
2040	2040	are otherwise not students of the district in which the facility is
2041	2041	located; and
2042	2042	(6) students who are incarcerated in state jails and
2043	2043	federal penitentiaries as adults and as persons certified to stand
2044	2044	trial as adults.
2045	2045	(h) [(e)] Each school district shall cooperate with the
2046	2046	agency in determining whether a student is a dropout for purposes of
2047	2047	accreditation and evaluating performance by school districts and
2048	2048	campuses under this chapter [section].
2049	2049	(i) [(f) The indicator under Subsection (b)(1) must include
2050	2050	the results of assessment instruments required under Section
2051	2051	39.023(b).
2052	2052	[(g)] The commissioner by rule shall adopt accountability
2053	2053	measures to be used in assessing the progress of students who have
2054	2054	failed to perform satisfactorily as determined by the commissioner
2055	2055	under Section 39.0241(a) or under the college readiness standard as
2056	2056	determined under Section 39.0241 in the preceding school year on an
2057	2057	assessment instrument required under Section 39.023(a), (c), or
2058	2058	(l).
2059	2059	Sec. 39.054. METHODS AND STANDARDS FOR EVALUATING
2060	2060	PERFORMANCE. (a) The commissioner shall adopt rules to evaluate
2061	2061	school district and campus performance and, not later than August 8
2062	2062	of each year, assign each district and campus a performance rating
2063	2063	that reflects acceptable performance or unacceptable performance.
2064	2064	If a district or campus received a performance rating of
2065	2065	unacceptable performance for the preceding school year, the
2066	2066	commissioner shall notify the district of a subsequent such
2067	2067	designation on or before June 15.
2068	2068	(b) In evaluating performance, the commissioner shall
2069	2069	evaluate against state standards and consider the performance of
2070	2070	each campus in a school district and each open-enrollment charter
2071	2071	school on the basis of the campus's or school's performance on the
2072	2072	student achievement indicators adopted under Section 39.053(c).
2073	2073	(b-1) [39.072. ACCREDITATION STANDARDS. (a) The State
2074	2074	Board of Education shall adopt rules to evaluate the performance of
2075	2075	school districts and to assign to each district a performance
2076	2076	rating as follows:
2077	2077	[(1) exemplary (meets or exceeds state exemplary
2078	2078	standards);
2079	2079	[(2) recognized (meets or exceeds required
2080	2080	improvement and within 10 percent of state exemplary standards);
2081	2081	[(3) academically acceptable (below the exemplary and
2082	2082	recognized standards but exceeds the academically unacceptable
2083	2083	standards); or
2084	2084	[(4) academically unacceptable (below the state
2085	2085	clearly unacceptable performance standard and does not meet
2086	2086	required improvement).
2087	2087	[(b) The academic excellence indicators adopted under
2088	2088	Sections 39.051(b)(1) through (8) and the district's current
2089	2089	special education compliance status with the agency shall be the
2090	2090	main considerations of the agency in the rating of the district
2091	2091	under this section. Additional criteria in the rules may include
2092	2092	consideration of:
2093	2093	[(1) compliance with statutory requirements and
2094	2094	requirements imposed by rule of the State Board of Education under
2095	2095	specific statutory authority that relate to:
2096	2096	[(A) reporting data through the Public Education
2097	2097	Information Management System (PEIMS);
2098	2098	[(B) the high school graduation requirements
2099	2099	under Section 28.025; or
2100	2100	[(C) an item listed in Sections
2101	2101	7.056(e)(3)(C)-(I) that applies to the district;
2102	2102	[(2) the effectiveness of the district's programs for
2103	2103	special populations; and
2104	2104	[(3) the effectiveness of the district's career and
2105	2105	technology programs.
2106	2106	[(c) The agency shall evaluate against state standards and
2107	2107	shall, not later than August 1 of each year, report the performance
2108	2108	of each campus in a district and each open-enrollment charter
2109	2109	school on the basis of the campus's performance on the indicators
2110	2110	adopted under Sections 39.051(b)(1) through (8).] Consideration of
2111	2111	the effectiveness of district programs under Section
2112	2112	39.052(b)(2)(B) or (C):
2113	2113	(1) [Subsection (b)(2) or (3)] must:
2114	2114	(A) be based on data collected through the Public
2115	2115	Education Information Management System (PEIMS) for purposes of
2116	2116	accountability under this chapter; and
2117	2117	(B) include the results of assessments required
2118	2118	under Section 39.023; and
2119	2119	(2) may be based on the results of a special
2120	2120	accreditation investigation conducted under Section 39.057.
2121	2121	(c) In evaluating school district and campus performance on
2122	2122	the student achievement indicators adopted under Sections
2123	2123	39.053(c)(1) and (2), the commissioner shall define acceptable
2124	2124	performance as meeting the state standard determined by the
2125	2125	commissioner under Section 39.053(e) for the current school year
2126	2126	based on:
2127	2127	(1) student performance in the current school year; or
2128	2128	(2) student performance as averaged over the current
2129	2129	school year and the preceding two school years.
2130	2130	(d) In evaluating performance under Subsection (c), the
2131	2131	commissioner:
2132	2132	(1) may assign an acceptable performance rating if the
2133	2133	campus or district:
2134	2134	(A) performs satisfactorily on 85 percent of the
2135	2135	measures the commissioner determines appropriate with respect to
2136	2136	the student achievement indicators adopted under Sections
2137	2137	39.053(c)(1) and (2); and
2138	2138	(B) does not fail to perform satisfactorily on
2139	2139	the same measure described by Paragraph (A) for two consecutive
2140	2140	school years;
2141	2141	(2) may grant an exception under this subsection to a
2142	2142	district or campus only if the performance of the district or campus
2143	2143	is within a certain percentage, as determined by the commissioner,
2144	2144	of the minimum performance standard established by the commissioner
2145	2145	for the measure of evaluation; or
2146	2146	(3) may establish other performance criteria for a
2147	2147	district or campus to obtain an exception under this subsection.
2148	2148	(d-1) The commissioner may consider alternative performance
2149	2149	criteria to Subsection (d)(1)(A) only in special circumstances,
2150	2150	including campus or district performance on the same measure for
2151	2151	student groups that are substantially similar in composition to all
2152	2152	students on the same campus or district.
2153	2153	(e) [Notwithstanding any other provision of this code, for
2154	2154	purposes of determining the performance of a school district under
2155	2155	this chapter, including the accreditation status of the district, a
2156	2156	student confined by court order in a residential program or
2157	2157	facility operated by or under contract with the Texas Youth
2158	2158	Commission, Texas Juvenile Probation Commission, or any other
2159	2159	governmental entity, including a juvenile board, is not considered
2160	2160	to be a student of the school district in which the program or
2161	2161	facility is physically located. The performance of such a student
2162	2162	on an assessment instrument or other academic excellence indicator
2163	2163	adopted under Section 39.051 shall be determined, reported, and
2164	2164	considered separately from the performance of students attending a
2165	2165	school of the district in which the program or facility is
2166	2166	physically located.
2167	2167	[Sec. 39.0721. GOLD PERFORMANCE RATING PROGRAM. (a) In
2168	2168	addition to district and campus performance ratings reported under
2169	2169	Section 39.072, the commissioner shall develop a gold performance
2170	2170	rating program based on enhanced performance. The agency shall
2171	2171	administer the program.
2172	2172	[(b) Under the gold performance rating program, a district
2173	2173	or campus rated exemplary under Section 39.072 is eligible for an
2174	2174	exemplary gold rating, a district or campus rated recognized is
2175	2175	eligible for a recognized gold rating, and a district or campus
2176	2176	rated academically acceptable is eligible for an academically
2177	2177	acceptable gold rating.
2178	2178	[(c) The performance standards on which a gold performance
2179	2179	rating is based should include:
2180	2180	[(1) student proficiency on:
2181	2181	[(A) assessment instruments administered under
2182	2182	Sections 39.023(a), (c), and (l); and
2183	2183	[(B) other measures of proficiency determined by
2184	2184	the commissioner;
2185	2185	[(2) student performance on one or more nationally
2186	2186	recognized norm-referenced assessment instruments;
2187	2187	[(3) improvement in student performance;
2188	2188	[(4) in the case of middle or junior high school
2189	2189	campuses, student proficiency in mathematics, including algebra;
2190	2190	and
2191	2191	[(5) in the case of high school campuses:
2192	2192	[(A) the extent to which graduating students are
2193	2193	academically prepared to attend institutions of higher education;
2194	2194	[(B) the percentage of students who take advanced
2195	2195	placement tests and student performance on those tests; and
2196	2196	[(C) the percentage of students who take and
2197	2197	successfully complete advanced academic courses or college-level
2198	2198	course work offered through dual credit programs provided under
2199	2199	agreements between high schools and institutions of higher
2200	2200	education.
2201	2201	[(d) The commissioner may adopt rules as necessary to
2202	2202	implement and administer this section.
2203	2203	[Sec. 39.073. DETERMINING ACCREDITATION STATUS. (a) The
2204	2204	agency shall annually review the performance of each district and
2205	2205	campus on the indicators adopted under Sections 39.051(b)(1)
2206	2206	through (8) and determine if a change in the accreditation status of
2207	2207	the district is warranted. The commissioner may determine how all
2208	2208	indicators adopted under Section 39.051(b) may be used to determine
2209	2209	accountability ratings and to select districts and campuses for
2210	2210	acknowledgment.
2211	2211	[(b)] Each annual performance review under this section
2212	2212	shall include an analysis of the student achievement indicators
2213	2213	adopted under Section 39.053(c) [Sections 39.051(b)(1) through
2214	2214	(8)] to determine school district and campus performance in
2215	2215	relation to:
2216	2216	(1) standards established for each indicator; and
2217	2217	(2) required improvement as defined under Section
2218	2218	39.053(e) [39.051(c); and
2219	2219	[(3) comparable improvement as defined by Section
2220	2220	39.051(c)].
2221	2221	[(c) A district's accreditation rating may be raised or
2222	2222	lowered based on the district's performance or may be lowered based
2223	2223	on the unacceptable performance of one or more campuses in the
2224	2224	district.
2225	2225	[(d) The commissioner shall notify a district that is rated
2226	2226	academically unacceptable that the performance of the district or a
2227	2227	campus in the district is below each standard under Subsection (b)
2228	2228	and shall require the district to notify property owners and
2229	2229	parents in the district of the lowered accreditation rating and its
2230	2230	implication.
2231	2231	[(e) In determining a district's accreditation rating, the
2232	2232	agency shall consider:
2233	2233	[(1) the district's current special education
2234	2234	compliance status with the agency; and
2235	2235	[(2) the progress of students who have failed to
2236	2236	perform satisfactorily in the preceding school year on an
2237	2237	assessment instrument required under Section 39.023(a), (c), or
2238	2238	(l).]
2239	2239	(f) In the computation of dropout rates under Section
2240	2240	39.053(c)(2) [39.051(b)(2)], a student who is released from a
2241	2241	juvenile pre-adjudication secure detention facility or juvenile
2242	2242	post-adjudication secure correctional facility and fails to enroll
2243	2243	in school or a student who leaves a residential treatment center
2244	2244	after receiving treatment for fewer than 85 days and fails to enroll
2245	2245	in school may not be considered to have dropped out from the [campus
2246	2246	or] school district or campus serving the facility or center unless
2247	2247	that district or campus [or district] is the one to which the
2248	2248	student is regularly assigned. The agency may not limit an appeal
2249	2249	relating to dropout computations under this subsection.
2250	2250	Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT NOT
2251	2251	CONSIDERED FOR ACCOUNTABILITY PURPOSES. Notwithstanding any other
2252	2252	provision of this code, for purposes of determining the performance
2253	2253	of a school district or campus under this chapter, a student ordered
2254	2254	by a juvenile court into a residential program or facility operated
2255	2255	by or under contract with the Texas Youth Commission, the Texas
2256	2256	Juvenile Probation Commission, a juvenile board, or any other
2257	2257	governmental entity is not considered to be a student of the school
2258	2258	district in which the program or facility is physically located.
2259	2259	The performance of such a student on an assessment instrument or
2260	2260	other student achievement indicator adopted under Section 39.053 or
2261	2261	reporting indicator adopted under Section 39.301 shall be
2262	2262	determined, reported, and considered separately from the
2263	2263	performance of students attending a school of the district in which
2264	2264	the program or facility is physically located.
2265	2265	Sec. 39.056 [39.074]. ON-SITE INVESTIGATIONS. (a) The
2266	2266	commissioner may:
2267	2267	(1) direct the agency to conduct on-site
2268	2268	investigations of a school district at any time to answer any
2269	2269	questions concerning a program, including special education,
2270	2270	required by federal law or for which the district receives federal
2271	2271	funds; and
2272	2272	(2) [raise or lower the performance rating] as a
2273	2273	result of the investigation, change the accreditation status of a
2274	2274	district, change the accountability rating of a district or campus,
2275	2275	or withdraw a distinction designation under Subchapter G.
2276	2276	(b) The commissioner shall determine the frequency of
2277	2277	on-site investigations by the agency according to annual
2278	2278	comprehensive analyses of student performance and equity in
2279	2279	relation to the student achievement [academic excellence]
2280	2280	indicators adopted under Section 39.053 [39.051].
2281	2281	(c) In making an on-site accreditation investigation, the
2282	2282	investigators shall obtain information from administrators,
2283	2283	teachers, and parents of students enrolled in the school district.
2284	2284	The investigation may not be closed until information is obtained
2285	2285	from each of those sources. The State Board of Education shall
2286	2286	adopt rules for:
2287	2287	(1) obtaining information from parents and using that
2288	2288	information in the investigator's report; and
2289	2289	(2) obtaining information from teachers in a manner
2290	2290	that prevents a [campus or] district or campus from screening the
2291	2291	information.
2292	2292	(d) The agency shall give written notice to the
2293	2293	superintendent and the board of trustees of a school district of any
2294	2294	impending investigation of the district's accreditation.
2295	2295	(e) [If an annual review indicates low performance on one
2296	2296	or more of the indicators under Sections 39.051(b)(1) through (8)
2297	2297	of one or more campuses in a district, the agency may conduct an
2298	2298	on-site evaluation of those campuses only.
2299	2299	[(f)] The investigators shall report orally and in writing
2300	2300	to the board of trustees of the school district and, as appropriate,
2301	2301	to campus administrators and shall make recommendations concerning
2302	2302	any necessary improvements or sources of aid such as regional
2303	2303	education service centers.
2304	2304	Sec. 39.057 [39.075]. SPECIAL ACCREDITATION INVESTIGATIONS.
2305	2305	(a) The commissioner shall authorize special accreditation
2306	2306	investigations to be conducted:
2307	2307	(1) when excessive numbers of absences of students
2308	2308	eligible to be tested on state assessment instruments are
2309	2309	determined;
2310	2310	(2) when excessive numbers of allowable exemptions
2311	2311	from the required state assessment instruments are determined;
2312	2312	(3) in response to complaints submitted to the agency
2313	2313	with respect to alleged violations of civil rights or other
2314	2314	requirements imposed on the state by federal law or court order;
2315	2315	(4) in response to established compliance reviews of
2316	2316	the district's financial accounting practices and state and federal
2317	2317	program requirements;
2318	2318	(5) when extraordinary numbers of student placements
2319	2319	in disciplinary alternative education programs, other than
2320	2320	placements under Sections 37.006 and 37.007, are determined;
2321	2321	(6) in response to an allegation involving a conflict
2322	2322	between members of the board of trustees or between the board and
2323	2323	the district administration if it appears that the conflict
2324	2324	involves a violation of a role or duty of the board members or the
2325	2325	administration clearly defined by this code;
2326	2326	(7) when excessive numbers of students in special
2327	2327	education programs under Subchapter A, Chapter 29, are assessed
2328	2328	through assessment instruments developed or adopted under Section
2329	2329	39.023(b);
2330	2330	(8) in response to an allegation regarding or an
2331	2331	analysis using a statistical method result indicating a possible
2332	2332	violation of an assessment instrument security procedure
2333	2333	established under Section 39.0301, including for the purpose of
2334	2334	investigating or auditing a school district under that section;
2335	2335	[or]
2336	2336	(9) when a significant pattern of decreased academic
2337	2337	performance has developed as a result of the promotion in the
2338	2338	preceding two school years of students who did not perform
2339	2339	satisfactorily as determined by the commissioner under Section
2340	2340	39.0241(a) on assessment instruments administered under Section
2341	2341	39.023(a), (c), or (l);
2342	2342	(10) when excessive numbers of students graduate under
2343	2343	the minimum high school program;
2344	2344	(11) when excessive numbers of students eligible to
2345	2345	enroll fail to complete an Algebra II course or any other course
2346	2346	determined by the commissioner as distinguishing between students
2347	2347	participating in the recommended high school program from students
2348	2348	participating in the minimum high school program;
2349	2349	(12) when resource allocation practices as evaluated
2350	2350	under Section 39.0821 indicate a potential for significant
2351	2351	improvement in resource allocation; or
2352	2352	(13) as the commissioner otherwise determines
2353	2353	necessary.
2354	2354	(b) If the agency's findings in an investigation under
2355	2355	Subsection (a)(6) indicate that the board of trustees has observed
2356	2356	a lawfully adopted policy, the agency may not substitute its
2357	2357	judgment for that of the board.
2358	2358	(c) [(b-1)] The commissioner may authorize special
2359	2359	accreditation investigations to be conducted in response to
2360	2360	repeated complaints submitted to the agency concerning imposition
2361	2361	of excessive paperwork requirements on classroom teachers.
2362	2362	(d) [(c)] Based on the results of a special accreditation
2363	2363	investigation, the commissioner may:
2364	2364	(1) take appropriate action under Subchapter E [G];
2365	2365	(2) lower the school district's accreditation status
2366	2366	or a district's or campus's accountability rating; or
2367	2367	(3) take action under both Subdivisions (1) and (2).
2368	2368	(e) [(c) Based on the results of a special accreditation
2369	2369	investigation, the commissioner may lower the district's
2370	2370	accreditation rating and may take appropriate action under
2371	2371	Subchapter G.] Regardless of whether the commissioner lowers the
2372	2372	school district's accreditation status or a district's or campus's
2373	2373	performance rating under Subsection (d) [rating], the commissioner
2374	2374	may take action under Sections 39.102(a)(1) through (8) or Section
2375	2375	39.103 [39.131(a)(1) through (8)] if the commissioner determines
2376	2376	that the action is necessary to improve any area of a district's or
2377	2377	campus's performance, including the district's financial
2378	2378	accounting practices.
2379	2379	Sec. 39.058 [39.076]. CONDUCT OF INVESTIGATIONS. (a) The
2380	2380	agency shall adopt written procedures for conducting on-site
2381	2381	investigations under this subchapter. The agency shall make the
2382	2382	procedures available to the complainant, the alleged violator, and
2383	2383	the public. Agency staff must be trained in the procedures and must
2384	2384	follow the procedures in conducting the investigation.
2385	2385	(b) After completing an investigation, the agency shall
2386	2386	present preliminary findings to any person the agency finds has
2387	2387	violated a law, rule, or policy. Before issuing a report with its
2388	2388	final findings, the agency must provide a person the agency finds
2389	2389	has violated a law, rule, or policy an opportunity for an informal
2390	2390	review by the commissioner or a designated hearing examiner.
2391	2391	SUBCHAPTER D [I]. FINANCIAL ACCOUNTABILITY
2392	2392	Sec. 39.081 [39.201]. DEFINITIONS. In this subchapter:
2393	2393	(1) "Parent" includes a guardian or other person
2394	2394	having lawful control of a student.
2395	2395	(2) "System" means a [the] financial accountability
2396	2396	rating system developed under this subchapter.
2397	2397	Sec. 39.082 [39.202]. DEVELOPMENT AND IMPLEMENTATION. (a)
2398	2398	The commissioner shall, in consultation with the comptroller,
2399	2399	develop and implement separate [a] financial accountability rating
2400	2400	systems [system] for school districts and open-enrollment charter
2401	2401	schools in this state that:
2402	2402	(1) distinguish [distinguishes] among school
2403	2403	districts and distinguish among open-enrollment charter schools,
2404	2404	as applicable, based on levels of financial performance; and
2405	2405	(2) include [includes] procedures to:
2406	2406	(A) provide additional transparency to public
2407	2407	education finance; and
2408	2408	(B) enable the commissioner and school district
2409	2409	and open-enrollment charter school administrators to provide
2410	2410	meaningful financial oversight and improvement.
2411	2411	(b) The system must include uniform indicators adopted by
2412	2412	the commissioner by which to measure the [a district's] financial
2413	2413	management performance of a district or open-enrollment charter
2414	2414	school.
2415	2415	(c) The system may not include an indicator under Subsection
2416	2416	(b) or any other performance measure that:
2417	2417	(1) requires a school district to spend at least 65
2418	2418	percent or any other specified percentage of district operating
2419	2419	funds for instructional purposes; or
2420	2420	(2) lowers the financial management performance
2421	2421	rating of a school district for failure to spend at least 65 percent
2422	2422	or any other specified percentage of district operating funds for
2423	2423	instructional purposes.
2424	2424	Sec. 39.0821. COMPTROLLER REVIEW OF RESOURCE ALLOCATION
2425	2425	PRACTICES. (a) The comptroller shall identify school districts
2426	2426	and campuses that use resource allocation practices that contribute
2427	2427	to high academic achievement and cost-effective operations. In
2428	2428	identifying districts and campuses under this section, the
2429	2429	comptroller shall:
2430	2430	(1) evaluate existing academic accountability and
2431	2431	financial data by integrating the data;
2432	2432	(2) rank the results of the evaluation under
2433	2433	Subdivision (1) to identify the relative performance of districts
2434	2434	and campuses; and
2435	2435	(3) identify potential areas for district and campus
2436	2436	improvement.
2437	2437	(b) In reviewing resources allocation practices of
2438	2438	districts and campuses under this section, the comptroller shall
2439	2439	ensure resources are being used for the instruction of students by
2440	2440	evaluating:
2441	2441	(1) the operating cost for each student;
2442	2442	(2) the operating cost for each program; and
2443	2443	(3) the staffing cost for each student.
2444	2444	Sec. 39.0822. FINANCIAL SOLVENCY REVIEW REQUIRED. (a) The
2445	2445	agency shall develop a review process to anticipate the future
2446	2446	financial solvency of each school district. The review process
2447	2447	shall analyze:
2448	2448	(1) district revenues and expenditures for the
2449	2449	preceding school year; and
2450	2450	(2) projected district revenues and expenditures for
2451	2451	the current school year and the following two school years.
2452	2452	(b) In analyzing the information under Subsection (a), the
2453	2453	review process developed must consider, for the preceding school
2454	2454	year, the current school year, and the following two school years,
2455	2455	as appropriate:
2456	2456	(1) student-to-staff ratios relative to expenditures,
2457	2457	including average staff salaries;
2458	2458	(2) the rate of change in the district unreserved
2459	2459	general fund balance;
2460	2460	(3) the number of students enrolled in the district;
2461	2461	(4) the adopted tax rate of the district;
2462	2462	(5) any independent audit report prepared for the
2463	2463	district; and
2464	2464	(6) actual district financial information for the
2465	2465	first quarter.
2466	2466	(c) The agency shall consult school district financial
2467	2467	officers and public finance experts in developing the review
2468	2468	process under this section.
2469	2469	(d) The agency shall develop an electronic-based program
2470	2470	for school districts to use in submitting information to the agency
2471	2471	for purposes of this section. Each district shall update
2472	2472	information for purposes of the program within the period
2473	2473	prescribed by the commissioner. The commissioner shall adopt rules
2474	2474	under this subsection to allow a district to enter estimates of
2475	2475	critical data into the program before the district adopts its
2476	2476	budget. The program must:
2477	2477	(1) be capable of importing, to the extent
2478	2478	practicable, data a district has previously submitted to the
2479	2479	agency;
2480	2480	(2) include an entry space that allows a district to
2481	2481	enter information explaining any irregularity in data submitted;
2482	2482	and
2483	2483	(3) provide alerts for:
2484	2484	(A) a student-to-staff ratio that is
2485	2485	significantly outside the norm;
2486	2486	(B) a rapid depletion of the district general
2487	2487	fund balance; and
2488	2488	(C) a significant discrepancy between actual
2489	2489	budget figures and projected revenues and expenditures.
2490	2490	(e) An alert in the program developed under Subsection (d)
2491	2491	must be developed to notify the agency immediately on the
2492	2492	occurrence of a condition described by Subsection (d)(3). After
2493	2493	the agency is alerted, the agency shall immediately notify the
2494	2494	affected school district regarding the condition triggering the
2495	2495	alert.
2496	2496	Sec. 39.0823. PROJECTED DEFICIT. (a) If the review process
2497	2497	under Section 39.0822 indicates a projected deficit for a school
2498	2498	district general fund within the following three school years, the
2499	2499	district shall provide the agency interim financial reports,
2500	2500	supplemented by staff and student count data, as needed, to
2501	2501	evaluate the district's current budget status.
2502	2502	(b) If the interim financial data provided under Subsection
2503	2503	(a) substantiates the projected deficit, the school district shall
2504	2504	develop a financial plan and submit the plan to the agency for
2505	2505	approval. The agency may approve the plan only if the agency
2506	2506	determines the plan will permit the district to avoid the projected
2507	2507	insolvency.
2508	2508	(c) The commissioner shall assign a school district an
2509	2509	accredited-warned status if:
2510	2510	(1) the district fails to submit a plan as provided by
2511	2511	Subsection (b);
2512	2512	(2) the district fails to obtain approval from the
2513	2513	agency for a plan as provided by Subsection (b);
2514	2514	(3) the district fails to comply with a plan approved
2515	2515	by the agency under Subsection (b); or
2516	2516	(4) the agency determines in a subsequent school year,
2517	2517	based on financial data submitted by the district, that the
2518	2518	approved plan for the district is no longer sufficient or is not
2519	2519	appropriately implemented.
2520	2520	Sec. 39.083 [39.203]. REPORTING. (a) The commissioner
2521	2521	shall develop, as part of the system, a reporting procedure under
2522	2522	which:
2523	2523	(1) each school district is required to prepare and
2524	2524	distribute an annual financial management report; and
2525	2525	(2) the public is provided an opportunity to comment
2526	2526	on the report at a hearing.
2527	2527	(b) The annual financial management report must include:
2528	2528	(1) a description of the district's financial
2529	2529	management performance based on a comparison, provided by the
2530	2530	agency, of the district's performance on the indicators adopted
2531	2531	under Section 39.082(b) [39.202(b)] to:
2532	2532	(A) state-established standards; and
2533	2533	(B) the district's previous performance on the
2534	2534	indicators; [and]
2535	2535	(2) a description of the data submitted using the
2536	2536	electronic-based program developed under Section 39.0822; and
2537	2537	(3) any descriptive information required by the
2538	2538	commissioner.
2539	2539	(c) The report may include:
2540	2540	(1) information concerning the district's:
2541	2541	(A) financial allocations;
2542	2542	(B) tax collections;
2543	2543	(C) financial strength;
2544	2544	(D) operating cost management;
2545	2545	(E) personnel management;
2546	2546	(F) debt management;
2547	2547	(G) facility acquisition and construction
2548	2548	management;
2549	2549	(H) cash management;
2550	2550	(I) budgetary planning;
2551	2551	(J) overall business management;
2552	2552	(K) compliance with rules; and
2553	2553	(L) data quality; and
2554	2554	(2) any other information the board of trustees
2555	2555	determines to be necessary or useful.
2556	2556	(d) The board of trustees of each school district shall hold
2557	2557	a public hearing on the report. The board shall give notice of the
2558	2558	hearing to owners of real property in the district and to parents of
2559	2559	district students. In addition to other notice required by law,
2560	2560	notice of the hearing must be provided:
2561	2561	(1) to a newspaper of general circulation in the
2562	2562	district; and
2563	2563	(2) through electronic mail to media serving the
2564	2564	district.
2565	2565	(e) After the hearing, the report shall be disseminated in
2566	2566	the district in the manner prescribed by the commissioner.
2567	2567	Sec. 39.084. POSTING OF ADOPTED BUDGET. (a) On final
2568	2568	approval of the budget by the board of trustees, the school district
2569	2569	shall post on the district's Internet website a copy of the budget
2570	2570	adopted by the board of trustees. The district's Internet website
2571	2571	must prominently display the electronic link to the adopted budget.
2572	2572	(b) The district shall maintain the adopted budget on the
2573	2573	district's Internet website until the third anniversary of the date
2574	2574	the budget was adopted.
2575	2575	Sec. 39.085 [39.204]. RULES. The commissioner shall adopt
2576	2576	rules as necessary for the implementation and administration of
2577	2577	this subchapter.
2578	2578	SUBCHAPTER E [G]. ACCREDITATION INTERVENTIONS AND SANCTIONS
2579	2579	Sec. 39.102 [39.131]. INTERVENTIONS AND SANCTIONS FOR
2580	2580	DISTRICTS. (a) If a school district does not satisfy the
2581	2581	accreditation criteria under Section 39.052 [39.071], the academic
2582	2582	performance standards under Section 39.053 or 39.054 [39.072], or
2583	2583	any financial accountability standard as determined by
2584	2584	commissioner rule, the commissioner shall take any of the following
2585	2585	actions to the extent the commissioner determines necessary:
2586	2586	(1) issue public notice of the deficiency to the board
2587	2587	of trustees;
2588	2588	(2) order a hearing conducted by the board of trustees
2589	2589	of the district for the purpose of notifying the public of the
2590	2590	insufficient [unacceptable] performance, the improvements in
2591	2591	performance expected by the agency, and the interventions and
2592	2592	sanctions that may be imposed under this section if the performance
2593	2593	does not improve;
2594	2594	(3) order the preparation of a student achievement
2595	2595	improvement plan that addresses each student achievement [academic
2596	2596	excellence] indicator under Section 39.053(c) for which the
2597	2597	district's performance is insufficient [unacceptable], the
2598	2598	submission of the plan to the commissioner for approval, and
2599	2599	implementation of the plan;
2600	2600	(4) order a hearing to be held before the commissioner
2601	2601	or the commissioner's designee at which the president of the board
2602	2602	of trustees of the district and the superintendent shall appear and
2603	2603	explain the district's low performance, lack of improvement, and
2604	2604	plans for improvement;
2605	2605	(5) arrange an on-site investigation of the district;
2606	2606	(6) appoint an agency monitor to participate in and
2607	2607	report to the agency on the activities of the board of trustees or
2608	2608	the superintendent;
2609	2609	(7) appoint a conservator to oversee the operations of
2610	2610	the district;
2611	2611	(8) appoint a management team to direct the operations
2612	2612	of the district in areas of insufficient [unacceptable] performance
2613	2613	or require the district to obtain certain services under a contract
2614	2614	with another person;
2615	2615	(9) if a district has a current accreditation status
2616	2616	of accredited-warned or accredited-probation, fails to satisfy any
2617	2617	standard under Section 39.054(e) [is rated academically
2618	2618	unacceptable], or fails to satisfy financial accountability
2619	2619	standards as determined by commissioner rule, appoint a board of
2620	2620	managers to exercise the powers and duties of the board of trustees;
2621	2621	(10) if for two consecutive school years, including
2622	2622	the current school year, a district has received an accreditation
2623	2623	status of accredited-warned or accredited-probation, has failed to
2624	2624	satisfy any standard under Section 39.054(e) [been rated
2625	2625	academically unacceptable], or has failed to satisfy financial
2626	2626	accountability standards as determined by commissioner rule,
2627	2627	revoke the district's accreditation and:
2628	2628	(A) order closure of the district and annex the
2629	2629	district to one or more adjoining districts under Section 13.054;
2630	2630	or
2631	2631	(B) in the case of a home-rule school district or
2632	2632	open-enrollment charter school, order closure of all programs
2633	2633	operated under the district's or school's charter; or
2634	2634	(11) if a district has failed to satisfy any standard
2635	2635	under Section 39.054(e) [been rated academically unacceptable for
2636	2636	two consecutive school years, including the current school year,]
2637	2637	due to the district's dropout rates, impose sanctions designed to
2638	2638	improve high school completion rates, including:
2639	2639	(A) ordering the development of a dropout
2640	2640	prevention plan for approval by the commissioner;
2641	2641	(B) restructuring the district or appropriate
2642	2642	school campuses to improve identification of and service to
2643	2643	students who are at risk of dropping out of school, as defined by
2644	2644	Section 29.081;
2645	2645	(C) ordering lower student-to-counselor ratios
2646	2646	on school campuses with high dropout rates; and
2647	2647	(D) ordering the use of any other intervention
2648	2648	strategy effective in reducing dropout rates, including mentor
2649	2649	programs and flexible class scheduling.
2650	2650	(b) This subsection applies regardless of whether a
2651	2651	district has satisfied the accreditation criteria. If for two
2652	2652	consecutive school years, including the current school year, a
2653	2653	district has had a conservator or management team assigned, the
2654	2654	commissioner may appoint a board of managers, a majority of whom
2655	2655	must be residents of the district, to exercise the powers and duties
2656	2656	of the board of trustees.
2657	2657	Sec. 39.103 [39.132]. INTERVENTIONS AND SANCTIONS FOR
2658	2658	[ACADEMICALLY UNACCEPTABLE] CAMPUSES. (a) If a campus performance
2659	2659	is below any standard under Section 39.054(e), the commissioner
2660	2660	[39.073(b), the campus is considered an academically unacceptable
2661	2661	campus. The commissioner may permit the campus to participate in an
2662	2662	innovative redesign of the campus to improve campus performance or]
2663	2663	shall take [any of the other following] actions, to the extent the
2664	2664	commissioner determines necessary, as provided by this subchapter.
2665	2665	(b) For a campus described by Subsection (a), the
2666	2666	commissioner, to the extent the commissioner determines necessary,
2667	2667	may:
2668	2668	(1) [issue public notice of the deficiency to the
2669	2669	board of trustees;
2670	2670	[(2) order a hearing conducted by the board of
2671	2671	trustees at the campus for the purpose of:
2672	2672	[(A) notifying the public of the unacceptable
2673	2673	performance, the improvements in performance expected by the
2674	2674	agency, and the sanctions that may be imposed under this section if
2675	2675	the performance does not improve within a designated period of
2676	2676	time; and
2677	2677	[(B) soliciting public comment on the initial
2678	2678	steps being taken to improve performance;
2679	2679	[(3) order the preparation of a report regarding the
2680	2680	parental involvement program at the campus and a plan describing
2681	2681	strategies for improving parental involvement at the campus;
2682	2682	[(4) order the preparation of a report regarding the
2683	2683	effectiveness of the district- and campus-level planning and
2684	2684	decision-making committees established under Subchapter F, Chapter
2685	2685	11, and a plan describing strategies for improving the
2686	2686	effectiveness of those committees;
2687	2687	[(5) order the preparation of a student improvement
2688	2688	plan that addresses each academic excellence indicator for which
2689	2689	the campus's performance is unacceptable, the submission of the
2690	2690	plan to the commissioner for approval, and implementation of the
2691	2691	plan;
2692	2692	[(6)] order a hearing to be held before the
2693	2693	commissioner or the commissioner's designee at which the president
2694	2694	of the board of trustees, the superintendent, and the campus
2695	2695	principal shall appear and explain the campus's low performance,
2696	2696	lack of improvement, and plans for improvement; or
2697	2697	(2) establish a school community partnership team
2698	2698	composed of members of the campus-level planning and
2699	2699	decision-making committee established under Section 11.251 and
2700	2700	additional community representatives as determined appropriate by
2701	2701	the commissioner
2702	2702	[(7) appoint a campus intervention team under Section
2703	2703	39.1322].
2704	2704	(c) Notwithstanding the provisions of this subchapter, if
2705	2705	the commissioner determines that a campus subject to interventions
2706	2706	or sanctions under this subchapter has implemented substantially
2707	2707	similar intervention measures under federal accountability
2708	2708	requirements, the commissioner may accept the substantially
2709	2709	similar intervention measures as measures in compliance with this
2710	2710	subchapter.
2711	2711	Sec. 39.104 [39.1321]. INTERVENTIONS AND SANCTIONS FOR
2712	2712	CHARTER SCHOOLS. (a) Interventions and sanctions [Sanctions]
2713	2713	authorized under this chapter for a school district or campus apply
2714	2714	in the same manner to an open-enrollment charter school.
2715	2715	(b) The commissioner shall adopt rules to implement
2716	2716	procedures to impose any intervention or sanction provision under
2717	2717	this chapter as those provisions relate to open-enrollment charter
2718	2718	schools.
2719	2719	(c) In adopting rules under this section, the commissioner
2720	2720	shall require that the charter of an open-enrollment charter
2721	2721	school:
2722	2722	(1) be automatically revoked if the charter school is
2723	2723	ordered closed under this chapter; and
2724	2724	(2) be automatically modified to remove authorization
2725	2725	for an individual campus if the campus is ordered closed under this
2726	2726	chapter.
2727	2727	(d) If interventions or sanctions are imposed on an
2728	2728	open-enrollment charter school under the procedures provided by
2729	2729	this chapter, a charter school is not entitled to an additional
2730	2730	hearing relating to the modification, placement on probation,
2731	2731	revocation, or denial of renewal of a charter as provided by
2732	2732	Subchapter D, Chapter 12.
2733	2733	Sec. 39.105 [39.1322]. [TECHNICAL ASSISTANCE AND] CAMPUS
2734	2734	IMPROVEMENT PLAN [INTERVENTION TEAMS]. (a) This section applies
2735	2735	if [If] a campus performance satisfies performance standards under
2736	2736	Section 39.054(e) [is rated academically acceptable] for the
2737	2737	current school year but would not satisfy performance standards
2738	2738	under Section 39.054(e) [be rated as academically unacceptable] if
2739	2739	the [performance] standards to be used for the following school
2740	2740	year were applied to the current school year. On request of[,] the
2741	2741	commissioner, the campus-level committee established under Section
2742	2742	11.251 shall revise and submit to the commissioner in an electronic
2743	2743	format the portions of the campus improvement plan developed under
2744	2744	Section 11.253 that are relevant to those areas for which the campus
2745	2745	would not satisfy performance standards [select and assign a
2746	2746	technical assistance team to assist the campus in executing a
2747	2747	school improvement plan and any other school improvement strategies
2748	2748	the commissioner determines appropriate. The commissioner may
2749	2749	waive the requirement to assign a technical assistance team under
2750	2750	this subsection if the improvement in performance standards among
2751	2751	all student groups, including special populations, over the
2752	2752	preceding three years indicates that the campus is likely to be
2753	2753	rated academically acceptable in the following school year].
2754	2754	(b) If the [a] campus to which this section applies is an
2755	2755	open-enrollment charter school, the school shall establish a
2756	2756	campus-level planning and decision-making committee as provided
2757	2757	for through procedures as much as practicable the same as those
2758	2758	provided by Sections 11.251(b)-(e) and develop a campus improvement
2759	2759	plan as provided by Section 11.253. On request of the commissioner,
2760	2760	the school shall submit to the commissioner in an electronic format
2761	2761	the portions of the campus improvement plan that are relevant to
2762	2762	those areas for which the campus would not satisfy performance
2763	2763	standards [has been identified as academically unacceptable under
2764	2764	Section 39.132, the commissioner shall appoint a campus
2765	2765	intervention team.
2766	2766	[(c) To the extent practicable, the commissioner shall
2767	2767	select and assign the technical assistance team under Subsection
2768	2768	(a) or the campus intervention team under Subsection (b) before the
2769	2769	first day of instruction for the school year.
2770	2770	[(d) The commissioner may determine when the services of a
2771	2771	technical assistance team or campus intervention team are no longer
2772	2772	needed at a campus under this section].
2773	2773	Sec. 39.106 [39.1323]. CAMPUS INTERVENTION TEAM
2774	2774	[PROCEDURES]. (a) If a campus performance is below any standard
2775	2775	under Section 39.054(e), the commissioner shall assign a campus
2776	2776	intervention team. A campus intervention team shall:
2777	2777	(1) conduct, with the involvement and advice of the
2778	2778	school community partnership team, if applicable:
2779	2779	(A) a targeted [comprehensive] on-site needs
2780	2780	assessment relevant to an area of insufficient performance
2781	2781	[evaluation] of the campus as provided by Subsection (b) [to
2782	2782	determine the cause for the campus's low performance and lack of
2783	2783	progress]; or
2784	2784	(B) if the commissioner determines necessary, a
2785	2785	comprehensive on-site needs assessment, using the procedures
2786	2786	provided by Subsection (b);
2787	2787	(2) recommend appropriate actions as provided by
2788	2788	Subsection (c)[, including reallocation of resources and technical
2789	2789	assistance, changes in school procedures or operations, staff
2790	2790	development for instructional and administrative staff,
2791	2791	intervention for individual administrators or teachers, waivers
2792	2792	from state statute or rule, or other actions the team considers
2793	2793	appropriate];
2794	2794	(3) assist in the development of a targeted [school]
2795	2795	improvement plan [for student achievement]; [and]
2796	2796	(4) assist the campus in submitting the targeted
2797	2797	improvement plan to the board of trustees for approval and
2798	2798	presenting the plan in a public hearing as provided by Subsection
2799	2799	(e-1); and
2800	2800	(5) assist the commissioner in monitoring the progress
2801	2801	of the campus in implementing the targeted [school] improvement
2802	2802	plan [for improvement of student achievement].
2803	2803	(b) An [A campus intervention team assigned under Section
2804	2804	39.1322 to a campus shall conduct a comprehensive] on-site needs
2805	2805	assessment of the campus under Subsection (a) must [to] determine
2806	2806	the contributing education-related and other [causal] factors
2807	2807	resulting in the campus's low performance and lack of progress. The
2808	2808	team shall use all of the following guidelines and procedures
2809	2809	relevant to each area of insufficient performance in conducting a
2810	2810	targeted on-site needs assessment and shall use each of the
2811	2811	following guidelines and procedures in conducting a [the]
2812	2812	comprehensive on-site needs assessment [of the campus]:
2813	2813	(1) an assessment of the staff to determine the
2814	2814	percentage of certified teachers who are teaching in their field,
2815	2815	the percentage of teachers who are fully certified, the number of
2816	2816	teachers with more [less] than three years of experience, and
2817	2817	teacher retention [turnover] rates;
2818	2818	(2) compliance with the appropriate class-size rules
2819	2819	and number of class-size waivers received;
2820	2820	(3) an assessment of the quality, quantity, and
2821	2821	appropriateness of instructional materials, including the
2822	2822	availability of technology-based instructional materials;
2823	2823	(4) a report on the parental involvement strategies
2824	2824	and the effectiveness of the strategies;
2825	2825	(5) an assessment of the extent and quality of the
2826	2826	mentoring program provided for new teachers on the campus and
2827	2827	provided for experienced teachers on the campus who have less than
2828	2828	two years of teaching experience in the subject or grade level to
2829	2829	which the teacher is assigned;
2830	2830	(6) an assessment of the type and quality of the
2831	2831	professional development provided to the staff;
2832	2832	(7) a demographic analysis of the student population,
2833	2833	including student demographics, at-risk populations, and special
2834	2834	education percentages;
2835	2835	(8) a report of disciplinary incidents and school
2836	2836	safety information;
2837	2837	(9) financial and accounting practices;
2838	2838	(10) an assessment of the appropriateness of the
2839	2839	curriculum and teaching strategies; [and]
2840	2840	(11) a comparison of the findings from Subdivisions
2841	2841	(1) through (10) to other campuses serving the same grade levels
2842	2842	within the district or to other campuses within the campus's
2843	2843	comparison group if there are no other campuses within the district
2844	2844	serving the same grade levels as the campus; and
2845	2845	(12) any other research-based data or information
2846	2846	obtained from a data collection process that would assist the
2847	2847	campus intervention team in:
2848	2848	(A) recommending an action under Subsection (c);
2849	2849	and
2850	2850	(B) executing a targeted [school] improvement
2851	2851	plan under Subsection (d-3) [(d)].
2852	2852	(c) On completing the on-site needs assessment [evaluation]
2853	2853	under this section, the campus intervention team shall, with the
2854	2854	involvement and advice of the school community partnership team, if
2855	2855	applicable, recommend actions relating to any area of insufficient
2856	2856	performance, including:
2857	2857	(1) reallocation of resources;
2858	2858	(2) technical assistance;
2859	2859	(3) changes in school procedures or operations;
2860	2860	(4) staff development for instructional and
2861	2861	administrative staff;
2862	2862	(5) intervention for individual administrators or
2863	2863	teachers;
2864	2864	(6) waivers from state statutes or rules; [or]
2865	2865	(7) teacher recruitment or retention strategies and
2866	2866	incentives provided by the district to attract and retain teachers
2867	2867	with the characteristics included in Subsection (b)(1); or
2868	2868	(8) other actions the campus intervention team
2869	2869	considers appropriate.
2870	2870	(d) The campus intervention team shall assist the campus in
2871	2871	submitting the targeted improvement plan to the commissioner for
2872	2872	approval.
2873	2873	(d-1) The commissioner may authorize a school community
2874	2874	partnership team established under this subchapter to supersede the
2875	2875	authority of and satisfy the requirements of establishing and
2876	2876	maintaining a campus-level planning and decision-making committee
2877	2877	under Subchapter F, Chapter 11.
2878	2878	(d-2) The commissioner may authorize a targeted improvement
2879	2879	plan or updated plan developed under this subchapter to supersede
2880	2880	the provisions of and satisfy the requirements of developing,
2881	2881	reviewing, and revising a campus improvement plan under Subchapter
2882	2882	F, Chapter 11.
2883	2883	(d-3) In executing the targeted [a school] improvement plan
2884	2884	[developed under Subsection (a)(3)], the campus intervention team
2885	2885	shall, if appropriate:
2886	2886	(1) assist the campus in implementing research-based
2887	2887	practices for curriculum development and classroom instruction,
2888	2888	including bilingual education and special education programs[, if
2889	2889	appropriate,] and financial management;
2890	2890	(2) provide research-based technical assistance,
2891	2891	including data analysis, academic deficiency identification,
2892	2892	intervention implementation, and budget analysis, to strengthen
2893	2893	and improve the instructional programs at the campus; and
2894	2894	(3) require the district to develop a teacher
2895	2895	recruitment and retention plan to address the qualifications and
2896	2896	retention of the teachers at the campus [submit the school
2897	2897	improvement plan to the commissioner for approval].
2898	2898	(e) For each year a campus is assigned an unacceptable
2899	2899	performance rating, a [A] campus intervention team shall [appointed
2900	2900	under Section 39.1322(b)]:
2901	2901	(1) [shall] continue to work with a campus until:
2902	2902	(A) the campus satisfies all performance
2903	2903	standards under Section 39.054(e) [is rated academically
2904	2904	acceptable] for a two-year period; or
2905	2905	(B) the campus satisfies all performance
2906	2906	standards under Section 39.054(e) [is rated academically
2907	2907	acceptable] for a one-year period and the commissioner determines
2908	2908	that the campus is operating and will continue to operate in a
2909	2909	manner that improves student achievement; [and]
2910	2910	(2) assist in updating the targeted improvement plan
2911	2911	to identify and analyze areas of growth and areas that require
2912	2912	improvement; and
2913	2913	(3) submit each updated plan described by Subdivision
2914	2914	(2) to the board of trustees of the school district [may continually
2915	2915	update the school improvement plan, with approval from the
2916	2916	commissioner, to meet the needs of the campus].
2917	2917	(e-1) After a targeted improvement plan or updated plan is
2918	2918	submitted to the board of trustees of the school district, the
2919	2919	board:
2920	2920	(1) shall conduct a hearing for the purpose of:
2921	2921	(A) notifying the public of the insufficient
2922	2922	performance, the improvements in performance expected by the
2923	2923	agency, and the intervention measures or sanctions that may be
2924	2924	imposed under this subchapter if the performance does not improve
2925	2925	within a designated period; and
2926	2926	(B) soliciting public comment on the targeted
2927	2927	improvement plan or any updated plan;
2928	2928	(2) must post the targeted improvement plan on the
2929	2929	district's Internet website before the hearing;
2930	2930	(3) may conduct one hearing relating to one or more
2931	2931	campuses subject to a targeted improvement plan or an updated plan;
2932	2932	and
2933	2933	(4) shall submit the targeted improvement plan or any
2934	2934	updated plan to the commissioner for approval.
2935	2935	(f) Notwithstanding any other provision of this subchapter,
2936	2936	if the commissioner determines that a campus for which an
2937	2937	intervention is ordered under Subsection (a) [Section 39.1322(b)]
2938	2938	is not fully implementing the campus intervention team's
2939	2939	recommendations or targeted [school] improvement plan or updated
2940	2940	plan, the commissioner may order the reconstitution of the campus
2941	2941	as provided by Section 39.107.
2942	2942	Sec. 39.107 [39.1324]. RECONSTITUTION, REPURPOSING,
2943	2943	ALTERNATIVE MANAGEMENT, AND CLOSURE [MANDATORY SANCTIONS]. (a)
2944	2944	After [If] a campus has been identified as [academically]
2945	2945	unacceptable for two consecutive school years, [including the
2946	2946	current school year,] the commissioner shall order the
2947	2947	reconstitution of the campus [and assign a campus intervention
2948	2948	team].
2949	2949	(a-1) In reconstituting a [the] campus, a campus
2950	2950	intervention team shall assist the campus in:
2951	2951	(1) developing an updated targeted [a school]
2952	2952	improvement plan;
2953	2953	(2) submitting the updated targeted improvement plan
2954	2954	to the board of trustees of the school district for approval and
2955	2955	presenting the plan in a public hearing as provided by Section
2956	2956	39.106(e-1);
2957	2957	(3) [(2)] obtaining approval of the updated plan from
2958	2958	the commissioner; and
2959	2959	(4) [(3)] executing the plan on approval by the
2960	2960	commissioner.
2961	2961	(b) The campus intervention team shall decide which
2962	2962	educators may be retained at that campus. A principal who has been
2963	2963	employed by the campus in that capacity during the full [two-year]
2964	2964	period described by Subsection (a) may not be retained at that
2965	2965	campus unless the campus intervention team determines that
2966	2966	retention of the principal would be more beneficial to the student
2967	2967	achievement and campus stability than removal.
2968	2968	(b-1) A teacher of a subject assessed by an assessment
2969	2969	instrument under Section 39.023 may be retained only if the campus
2970	2970	intervention team determines that a pattern exists of significant
2971	2971	academic improvement by students taught by the teacher. If an
2972	2972	educator is not retained, the educator may be assigned to another
2973	2973	position in the district.
2974	2974	(b-2) For each year that a campus is considered to have an
2975	2975	unacceptable performance rating, a campus intervention team shall:
2976	2976	(1) assist in updating the targeted improvement plan
2977	2977	to identify and analyze areas of growth and areas that require
2978	2978	improvement;
2979	2979	(2) submit the updated plan to:
2980	2980	(A) the board of trustees of the school district;
2981	2981	and
2982	2982	(B) the parents of campus students; and
2983	2983	(3) assist in submitting the updated plan to the
2984	2984	commissioner for approval.
2985	2985	(c) A campus subject to Subsection (a) shall implement the
2986	2986	updated targeted [school] improvement plan as approved by the
2987	2987	commissioner. The commissioner may appoint a monitor, conservator,
2988	2988	management team, or [a] board of managers to the district to ensure
2989	2989	and oversee district-level support to low-performing campuses and
2990	2990	the implementation of the updated targeted [school] improvement
2991	2991	plan. In making appointments under this subsection, the
2992	2992	commissioner shall consider individuals who have demonstrated
2993	2993	success in managing campuses with student populations similar to
2994	2994	the campus at which the individual appointed will serve.
2995	2995	(d) If [Notwithstanding any other provision of this
2996	2996	subchapter, if] the commissioner determines that the [a] campus
2997	2997	[subject to Subsection (a)] is not fully implementing the updated
2998	2998	targeted [school] improvement plan or if the students enrolled at
2999	2999	the campus fail to demonstrate substantial improvement in the areas
3000	3000	targeted by the updated plan, the commissioner may order:
3001	3001	(1) repurposing of the campus under this section;
3002	3002	(2) [pursue] alternative management of the campus
3003	3003	under this section; [Section 39.1327] or
3004	3004	(3) [may order] closure of the campus.
3005	3005	(e) [If a campus is considered an academically unacceptable
3006	3006	campus for the subsequent school year after the campus is
3007	3007	reconstituted under this section, the commissioner shall review the
3008	3008	progress of the campus and may order closure of the campus or pursue
3009	3009	alternative management under Section 39.1327.
3010	3010	[(f)] If a campus is considered to have an unacceptable
3011	3011	performance rating [considered academically unacceptable] for
3012	3012	three [two] consecutive school years after the campus is
3013	3013	reconstituted under Subsection (a), the commissioner shall order:
3014	3014	(1) repurposing of the campus under this section;
3015	3015	(2) alternative management of the campus under this
3016	3016	section; or
3017	3017	(3) closure of the campus [or pursue alternative
3018	3018	management under Section 39.1327].
3019	3019	(e-1) The commissioner may waive the requirement to enter an
3020	3020	order under Subsection (e) for not more than one school year if the
3021	3021	commissioner determines that, on the basis of significant
3022	3022	improvement in student performance over the preceding two school
3023	3023	years, the campus is likely to be assigned an acceptable
3024	3024	performance rating for the following school year.
3025	3025	(f) If the commissioner orders repurposing of a campus, the
3026	3026	school district shall develop a comprehensive plan for repurposing
3027	3027	the campus and submit the plan to the board of trustees for
3028	3028	approval, using the procedures described by Section 39.106(e-1),
3029	3029	and to the commissioner for approval. The plan must include a
3030	3030	description of a rigorous and relevant academic program for the
3031	3031	campus. The plan may include various instructional models. The
3032	3032	commissioner may not approve the repurposing of a campus unless:
3033	3033	(1) all students in the assigned attendance zone of
3034	3034	the campus in the school year immediately preceding the repurposing
3035	3035	of the campus are provided with the opportunity to enroll in and are
3036	3036	provided transportation on request to another campus, unless the
3037	3037	commissioner grants an exception because there is no other campus
3038	3038	in the district in which the students may enroll;
3039	3039	(2) the principal is not retained at the campus,
3040	3040	unless the commissioner determines that students enrolled at the
3041	3041	campus have demonstrated significant academic improvement; and
3042	3042	(3) teachers employed at the campus in the school year
3043	3043	immediately preceding the repurposing of the campus are not
3044	3044	retained at the campus, unless the commissioner or the
3045	3045	commissioner's designee grants an exception, at the request of a
3046	3046	school district, for:
3047	3047	(A) a teacher who provides instruction in a
3048	3048	subject other than a subject for which an assessment instrument is
3049	3049	administered under Section 39.023(a) or (c) who demonstrates to the
3050	3050	commissioner satisfactory performance; or
3051	3051	(B) a teacher who provides instruction in a
3052	3052	subject for which an assessment instrument is administered under
3053	3053	Section 39.023(a) or (c) if the district demonstrates that the
3054	3054	students of the teacher demonstrated satisfactory performance or
3055	3055	improved academic growth on that assessment instrument.
3056	3056	(g) If an educator is not retained under Subsection (f), the
3057	3057	educator may be assigned to another position in the district.
3058	3058	(h) If the commissioner orders alternative management under
3059	3059	this section, the [Sec. 39.1327. MANAGEMENT OF CERTAIN
3060	3060	ACADEMICALLY UNACCEPTABLE CAMPUSES. (a) A campus may be subject
3061	3061	to this section if the campus has been identified as academically
3062	3062	unacceptable under Section 39.132 and the commissioner orders
3063	3063	alternative management under Section 39.1324(d), (e), or (f).
3064	3064	[(b) The] commissioner shall solicit proposals from
3065	3065	qualified nonprofit entities to assume management of a campus
3066	3066	subject to this section or may appoint to assume management of a
3067	3067	campus subject to this section a school district other than the
3068	3068	district in which the campus is located that is located in the
3069	3069	boundaries of the same regional education service center as the
3070	3070	campus is located. The commissioner may solicit proposals from
3071	3071	qualified for-profit entities to assume management of a campus
3072	3072	subject to this section if a nonprofit entity has not responded to
3073	3073	the commissioner's request for proposals. A district appointed
3074	3074	under this section shall assume management of a campus subject to
3075	3075	this section in the same manner provided by this section for a
3076	3076	qualified [nonprofit] entity or in accordance with commissioner
3077	3077	rule.
3078	3078	(i) [(c)] If the commissioner determines that the basis for
3079	3079	the unsatisfactory performance of [identifying] a campus for more
3080	3080	than two consecutive school years [as academically unacceptable] is
3081	3081	limited to a specific condition that may be remedied with targeted
3082	3082	technical assistance, the commissioner may[:
3083	3083	[(1) provide the campus a one-year waiver under this
3084	3084	section; and
3085	3085	[(2)] require the district to contract for the
3086	3086	appropriate technical assistance.
3087	3087	(j) [(d)] The commissioner may annually solicit proposals
3088	3088	under this section for the management of a campus subject to this
3089	3089	section. The commissioner shall notify a qualified [nonprofit]
3090	3090	entity that has been approved as a provider under this section. The
3091	3091	district must execute a contract with an approved provider and
3092	3092	relinquish control of the campus before January 1 of the school
3093	3093	year.
3094	3094	(k) [(e)] To qualify for consideration as a managing entity
3095	3095	under this section, the entity must submit a proposal that provides
3096	3096	information relating to the entity's management and leadership team
3097	3097	that will participate in management of the campus under
3098	3098	consideration, including information relating to individuals that
3099	3099	have:
3100	3100	(1) documented success in whole school interventions
3101	3101	that increased the educational and performance levels of students
3102	3102	in [academically unacceptable] campuses considered to have an
3103	3103	unacceptable performance rating;
3104	3104	(2) a proven record of effectiveness with programs
3105	3105	assisting low-performing students;
3106	3106	(3) a proven ability to apply research-based school
3107	3107	intervention strategies;
3108	3108	(4) a proven record of financial ability to perform
3109	3109	under the management contract; and
3110	3110	(5) any other experience or qualifications the
3111	3111	commissioner determines necessary.
3112	3112	(l) [(f)] In selecting a managing entity under this
3113	3113	section, the commissioner shall give preference to a qualified
3114	3114	[nonprofit] entity that:
3115	3115	(1) meets any qualifications under this section; and
3116	3116	(2) has documented success in educating students from
3117	3117	similar demographic groups and with similar educational needs as
3118	3118	the students who attend the campus that is to be operated by a
3119	3119	managing entity under this section.
3120	3120	(m) [(g)] The school district may negotiate the term of a
3121	3121	management contract for not more than five years with an option to
3122	3122	renew the contract. The management contract must include a
3123	3123	provision describing the district's responsibilities in supporting
3124	3124	the operation of the campus. The commissioner shall approve the
3125	3125	contract before the contract is executed and, as appropriate, may
3126	3126	require the district, as a term of the contract, to support the
3127	3127	campus in the same manner as the district was required to support
3128	3128	the campus before the execution of the management contract.
3129	3129	(n) [(h)] A management contract under this section shall
3130	3130	include provisions approved by the commissioner that require the
3131	3131	managing entity to demonstrate improvement in campus performance,
3132	3132	including negotiated performance measures. The performance
3133	3133	measures must be consistent with the priorities of this chapter.
3134	3134	The commissioner shall evaluate a managing entity's performance on
3135	3135	the first and second anniversaries of the date of the management
3136	3136	contract. If the evaluation fails to demonstrate improvement as
3137	3137	negotiated under the contract by the first anniversary of the date
3138	3138	of the management contract, the district may terminate the
3139	3139	management contract, with the commissioner's consent, for
3140	3140	nonperformance or breach of contract and select another provider
3141	3141	from an approved list provided by the commissioner. If the
3142	3142	evaluation fails to demonstrate significant improvement, as
3143	3143	determined by the commissioner, by the second anniversary of the
3144	3144	date of the management contract, the district shall terminate the
3145	3145	management contract and select another provider from an approved
3146	3146	list provided by the commissioner or resume operation of the campus
3147	3147	if approved by the commissioner. If the commissioner approves the
3148	3148	district's operation of the campus, the commissioner shall assign a
3149	3149	technical assistance team to assist the campus.
3150	3150	(o) [(i)] Notwithstanding any other provision of this code,
3151	3151	the funding for a campus operated by a managing entity must be not
3152	3152	less than the funding of the other campuses in the district on a per
3153	3153	student basis so that the managing entity receives at least the same
3154	3154	funding the campus would otherwise have received.
3155	3155	(p) [(j)] Each campus operated by a managing entity under
3156	3156	this section is subject to this chapter in the same manner as any
3157	3157	other campus in the district.
3158	3158	(q) [(k)] The commissioner may adopt rules necessary to
3159	3159	implement this section.
3160	3160	(r) [(l)] With respect to the management of a campus under
3161	3161	this section:
3162	3162	(1) a managing entity is considered to be a
3163	3163	governmental body for purposes of Chapters 551 and 552, Government
3164	3164	Code; and
3165	3165	(2) any requirement in Chapter 551 or 552, Government
3166	3166	Code, that applies to a school district or the board of trustees of
3167	3167	a school district applies to a managing entity.
3168	3168	Sec. 39.108 [39.133]. ANNUAL REVIEW. The commissioner
3169	3169	shall review annually the performance of a district or campus
3170	3170	subject to this subchapter to determine the appropriate actions to
3171	3171	be implemented under this subchapter. The commissioner must review
3172	3172	at least annually the performance of a district for which the
3173	3173	accreditation status or rating has been lowered due to insufficient
3174	3174	[unacceptable] student performance and may not raise the
3175	3175	accreditation status or rating until the district has demonstrated
3176	3176	improved student performance. If the review reveals a lack of
3177	3177	improvement, the commissioner shall increase the level of state
3178	3178	intervention and sanction unless the commissioner finds good cause
3179	3179	for maintaining the current status.
3180	3180	Sec. 39.109 [39.1331]. ACQUISITION OF PROFESSIONAL
3181	3181	SERVICES. In addition to other interventions and sanctions
3182	3182	authorized under this subchapter [Sections 39.131 and 39.132], the
3183	3183	commissioner may order a school district or campus to acquire
3184	3184	professional services at the expense of the district or campus to
3185	3185	address the applicable financial, assessment, data quality,
3186	3186	program, performance, or governance deficiency. The
3187	3187	commissioner's order may require the district or campus to:
3188	3188	(1) select or be assigned an external auditor, data
3189	3189	quality expert, professional authorized to monitor district
3190	3190	assessment instrument administration, or curriculum or program
3191	3191	expert; or
3192	3192	(2) provide for or participate in the appropriate
3193	3193	training of district staff or board of trustees members in the case
3194	3194	of a district, or campus staff, in the case of a campus.
3195	3195	Sec. 39.110 [39.134]. COSTS PAID BY DISTRICT. The costs of
3196	3196	providing a monitor, conservator, management team, campus
3197	3197	intervention team, technical assistance team, managing entity, or
3198	3198	service provider under this subchapter [Section 39.1327, or service
3199	3199	provider under Section 39.1331] shall be paid by the district. If
3200	3200	the district fails or refuses to pay the costs in a timely manner,
3201	3201	the commissioner may:
3202	3202	(1) pay the costs using amounts withheld from any
3203	3203	funds to which the district is otherwise entitled; or
3204	3204	(2) recover the amount of the costs in the manner
3205	3205	provided for recovery of an overallocation of state funds under
3206	3206	Section 42.258.
3207	3207	Sec. 39.111 [39.135]. CONSERVATOR OR MANAGEMENT TEAM. (a)
3208	3208	The commissioner shall clearly define the powers and duties of a
3209	3209	conservator or management team appointed to oversee the operations
3210	3210	of the district.
3211	3211	(b) At least every 90 days, the commissioner shall review
3212	3212	the need for the conservator or management team and shall remove the
3213	3213	conservator or management team unless the commissioner determines
3214	3214	that continued appointment is necessary for effective governance of
3215	3215	the district or delivery of instructional services.
3216	3216	(c) A conservator or management team, if directed by the
3217	3217	commissioner, shall prepare a plan for the implementation of action
3218	3218	under Section 39.102(a)(9) [39.131(a)(9)] or (10). The conservator
3219	3219	or management team:
3220	3220	(1) may direct an action to be taken by the principal
3221	3221	of a campus, the superintendent of the district, or the board of
3222	3222	trustees of the district;
3223	3223	(2) may approve or disapprove any action of the
3224	3224	principal of a campus, the superintendent of the district, or the
3225	3225	board of trustees of the district;
3226	3226	(3) may not take any action concerning a district
3227	3227	election, including ordering or canceling an election or altering
3228	3228	the date of or the polling places for an election;
3229	3229	(4) may not change the number of or method of selecting
3230	3230	the board of trustees;
3231	3231	(5) may not set a tax rate for the district; and
3232	3232	(6) may not adopt a budget for the district that
3233	3233	provides for spending a different amount, exclusive of required
3234	3234	debt service, from that previously adopted by the board of
3235	3235	trustees.
3236	3236	Sec. 39.112 [39.136]. BOARD OF MANAGERS. (a) A board of
3237	3237	managers may exercise all of the powers and duties assigned to a
3238	3238	board of trustees of a school district by law, rule, or regulation.
3239	3239	This subchapter applies to a district governed by a board of
3240	3240	managers in the same manner that this subchapter applies to any
3241	3241	other district.
3242	3242	(b) If the commissioner appoints a board of managers to
3243	3243	govern a district, the powers of the board of trustees of the
3244	3244	district are suspended for the period of the appointment and the
3245	3245	commissioner shall appoint a district superintendent.
3246	3246	Notwithstanding any other provision of this code, the board of
3247	3247	managers may amend the budget of the district.
3248	3248	(c) If the commissioner appoints a board of managers to
3249	3249	govern a campus, the powers of the board of trustees of the district
3250	3250	in relation to the campus are suspended for the period of the
3251	3251	appointment and the commissioner shall appoint a campus principal.
3252	3252	Notwithstanding any other provision of this code, the board of
3253	3253	managers may submit to the commissioner for approval amendments to
3254	3254	the budget of the district for the benefit of the campus. If the
3255	3255	commissioner approves the amendments, the board of trustees of the
3256	3256	district shall adopt the amendments.
3257	3257	(d) A conservator or a member of a management team appointed
3258	3258	to serve on a board of managers may continue to be compensated as
3259	3259	determined by the commissioner.
3260	3260	(e) At the direction of the commissioner but not later than
3261	3261	the second anniversary of the date the board of managers of a
3262	3262	district was appointed, the board of managers shall order an
3263	3263	election of members of the district board of trustees. The election
3264	3264	must be held on a uniform election date on which an election of
3265	3265	district trustees may be held under Section 41.001, Election Code,
3266	3266	that is at least 180 days after the date the election was ordered.
3267	3267	On qualification of members for office, the board of trustees
3268	3268	assumes all of the powers and duties assigned to a board of trustees
3269	3269	by law, rule, or regulation.
3270	3270	Sec. 39.113 [39.137]. [SPECIAL] CAMPUS INTERVENTION TEAM.
3271	3271	A [special] campus intervention team appointed under this
3272	3272	subchapter may consist of teachers, principals, other educational
3273	3273	professionals, and superintendents recognized for excellence in
3274	3274	their roles and appointed by the commissioner to serve as members of
3275	3275	a team.
3276	3276	Sec. 39.114 [39.138]. IMMUNITY FROM CIVIL LIABILITY. An
3277	3277	employee, volunteer, or contractor acting on behalf of the
3278	3278	commissioner under this subchapter is immune from civil liability
3279	3279	to the same extent as a professional employee of a school district
3280	3280	under Section 22.051.
3281	3281	Sec. 39.115. CAMPUS NAME CHANGE PROHIBITED. In
3282	3282	reconstituting, repurposing, or imposing any other intervention or
3283	3283	sanction on a campus under this subchapter, the commissioner may
3284	3284	not require that the name of the campus be changed.
3285	3285	Sec. 39.116. TRANSITIONAL INTERVENTIONS AND SANCTIONS. (a)
3286	3286	During the period of transition to the accreditation system
3287	3287	established under H.B. No. 3, Acts of the 81st Legislature, Regular
3288	3288	Session, 2009, to be implemented in August 2013, the commissioner
3289	3289	may suspend assignment of accreditation statuses and performance
3290	3290	ratings for the 2011-2012 school year.
3291	3291	(b) As soon as practicable following the 2011-2012 school
3292	3292	year, the commissioner shall report district and campus performance
3293	3293	under the student achievement indicators under Sections
3294	3294	39.053(c)(1)(A) and (B).
3295	3295	(c) For the 2012-2013 school year, the commissioner shall:
3296	3296	(1) report district and campus performance under the
3297	3297	student achievement indicator under Section 39.053(c)(1)(B); and
3298	3298	(2) evaluate district and campus performance under the
3299	3299	student achievement indicator under Section 39.053(c)(1)(A) and
3300	3300	assign district accreditation statuses and district and campus
3301	3301	performance ratings based on that evaluation.
3302	3302	(d) Beginning with the 2013-2014 school year, the
3303	3303	commissioner shall evaluate district and campus performance under
3304	3304	the student achievement indicators under Sections 39.053(c)(1)(A)
3305	3305	and (B) and assign district accreditation statuses and district and
3306	3306	campus performance ratings based on that evaluation.
3307	3307	(e) During the 2011-2012 and 2012-2013 school years, the
3308	3308	commissioner shall continue to implement interventions and
3309	3309	sanctions for districts and campuses identified as having
3310	3310	unacceptable performance in the 2010-2011 school year in accordance
3311	3311	with the performance standards applicable during the 2010-2011
3312	3312	school year and may increase or decrease the level of interventions
3313	3313	and sanctions based on an evaluation of the district's or campus's
3314	3314	performance.
3315	3315	(f) For purposes of determining multiple years of
3316	3316	unacceptable performance and required district and campus
3317	3317	interventions and sanctions under this subchapter, the performance
3318	3318	ratings and accreditation statuses issued in the 2010-2011 and
3319	3319	2012-2013 school years shall be considered consecutive.
3320	3320	(g) This section expires September 1, 2014.
3321	3321	SUBCHAPTER F [K]. PROCEDURES FOR CHALLENGE OF ACCOUNTABILITY
3322	3322	DETERMINATION, INTERVENTION, [RATING] OR SANCTION
3323	3323	Sec. 39.151 [39.301]. REVIEW BY COMMISSIONER:
3324	3324	ACCOUNTABILITY DETERMINATION [RATINGS]. (a) The commissioner by
3325	3325	rule shall provide a process for a school district or
3326	3326	open-enrollment charter school to challenge an agency decision made
3327	3327	under this chapter relating to an academic or financial
3328	3328	accountability rating that affects the district or school.
3329	3329	(b) The rules under Subsection (a) must provide for the
3330	3330	commissioner to appoint a committee to make recommendations to the
3331	3331	commissioner on a challenge made to an agency decision relating to
3332	3332	an academic performance rating or determination or financial
3333	3333	accountability rating. The commissioner may not appoint an agency
3334	3334	employee as a member of the committee.
3335	3335	(c) The commissioner may limit a challenge under this
3336	3336	section to a written submission of any issue identified by the
3337	3337	school district or open-enrollment charter school challenging the
3338	3338	agency decision.
3339	3339	(d) The commissioner shall make a final decision under this
3340	3340	section after considering the recommendation of the committee
3341	3341	described by Subsection (b). The commissioner's decision may not
3342	3342	be appealed under Section 7.057 or other law.
3343	3343	(e) A school district or open-enrollment charter school may
3344	3344	not challenge an agency decision relating to an academic or
3345	3345	financial accountability rating under this chapter in another
3346	3346	proceeding if the district or school has had an opportunity to
3347	3347	challenge the decision under this section.
3348	3348	Sec. 39.152 [39.302]. REVIEW BY STATE OFFICE OF
3349	3349	ADMINISTRATIVE HEARINGS: SANCTIONS. (a) A school district or
3350	3350	open-enrollment charter school that intends to challenge a decision
3351	3351	by the commissioner under this chapter to close the district or a
3352	3352	district campus or the charter school or to pursue alternative
3353	3353	management of a district campus or the charter school must appeal
3354	3354	the decision under the procedures provided for a contested case
3355	3355	under Chapter 2001, Government Code.
3356	3356	(b) A challenge to a decision under this section is under
3357	3357	the substantial evidence rule as provided by Subchapter G, Chapter
3358	3358	2001, Government Code.
3359	3359	(c) Notwithstanding other law:
3360	3360	(1) the State Office of Administrative Hearings shall
3361	3361	provide an expedited review of a challenge under this section;
3362	3362	(2) the administrative law judge shall issue a final
3363	3363	order not later than the 30th day after the date on which the
3364	3364	hearing is finally closed; and
3365	3365	(3) the decision of the administrative law judge is
3366	3366	final and may not be appealed.
3367	3367	SUBCHAPTER G. DISTINCTION DESIGNATIONS
3368	3368	Sec. 39.201. DISTINCTION DESIGNATIONS. Not later than
3369	3369	August 8 of each year, the commissioner shall award distinction
3370	3370	designations under this subchapter. A district or campus may not be
3371	3371	awarded a distinction designation under this subchapter unless the
3372	3372	district or campus has acceptable performance under Section 39.054.
3373	3373	Sec. 39.202. ACADEMIC EXCELLENCE DISTINCTION DESIGNATION
3374	3374	FOR DISTRICTS AND CAMPUSES. The commissioner by rule shall
3375	3375	establish a recognized and exemplary rating for awarding districts
3376	3376	and campuses an academic distinction designation under this
3377	3377	subchapter. In establishing the recognized and exemplary ratings,
3378	3378	the commissioner shall adopt criteria for the ratings, including:
3379	3379	(1) percentages of students who:
3380	3380	(A) performed satisfactorily, as determined
3381	3381	under the college readiness performance standard under Section
3382	3382	39.0241, on assessment instruments required under Section
3383	3383	39.023(a), (b), (c), or (l), aggregated across grade levels by
3384	3384	subject area; or
3385	3385	(B) met the standard for annual improvement, as
3386	3386	determined by the agency under Section 39.034, on assessment
3387	3387	instruments required under Section 39.023(a), (b), (c), or (l),
3388	3388	aggregated across grade levels by subject area, for students who
3389	3389	did not perform satisfactorily as described by Paragraph (A); and
3390	3390	(2) other factors for determining sufficient student
3391	3391	attainment of postsecondary readiness.
3392	3392	Sec. 39.203. CAMPUS DISTINCTION DESIGNATIONS. (a) The
3393	3393	commissioner shall award a campus a distinction designation if the
3394	3394	campus is ranked in the top 25 percent of campuses in the state in
3395	3395	annual improvement in student achievement as determined under
3396	3396	Section 39.034.
3397	3397	(b) In addition to the distinction designation described by
3398	3398	Subsection (a), the commissioner shall award a campus a distinction
3399	3399	designation if the campus demonstrates an ability to significantly
3400	3400	diminish or eliminate performance differentials between student
3401	3401	subpopulations and is ranked in the top 25 percent of campuses in
3402	3402	this state under the performance criteria described by this
3403	3403	subsection. The commissioner shall adopt rules related to the
3404	3404	distinction designation under this subsection to ensure that a
3405	3405	campus does not artificially diminish or eliminate performance
3406	3406	differentials through inhibiting the achievement of the highest
3407	3407	achieving student subpopulation.
3408	3408	(c) In addition to the distinction designations described
3409	3409	by Subsections (a) and (b), a campus that satisfies the criteria
3410	3410	developed under Section 39.204 shall be awarded a distinction
3411	3411	designation by the commissioner for the following programs or the
3412	3412	following specific categories of performance:
3413	3413	(1) academic achievement in English language arts,
3414	3414	mathematics, science, or social studies;
3415	3415	(2) fine arts;
3416	3416	(3) physical education;
3417	3417	(4) 21st Century Workforce Development program; and
3418	3418	(5) second language acquisition program.
3419	3419	Sec. 39.204. CAMPUS DISTINCTION DESIGNATION CRITERIA;
3420	3420	COMMITTEES. (a) The commissioner by rule shall establish:
3421	3421	(1) standards for considering campuses for
3422	3422	distinction designations under Section 39.203(c); and
3423	3423	(2) methods for awarding distinction designations to
3424	3424	campuses.
3425	3425	(b) In adopting rules under this section, the commissioner
3426	3426	shall establish a separate committee to develop criteria for each
3427	3427	distinction designation under Section 39.203(c).
3428	3428	(c) Each committee established under this section must
3429	3429	include:
3430	3430	(1) individuals who practice as professionals in the
3431	3431	content area relevant to the distinction designation, as
3432	3432	applicable;
3433	3433	(2) individuals with subject matter expertise in the
3434	3434	content area relevant to the distinction designation;
3435	3435	(3) educators with subject matter expertise in the
3436	3436	content area relevant to the distinction designation; and
3437	3437	(4) community leaders, including leaders from the
3438	3438	business community.
3439	3439	(d) For each committee, the governor, lieutenant governor,
3440	3440	and speaker of the house of representatives may each appoint a
3441	3441	person described by each subdivision of Subsection (c).
3442	3442	(e) In developing criteria for distinction designations
3443	3443	under this section, each committee shall:
3444	3444	(1) identify a variety of indicators for measuring
3445	3445	excellence; and
3446	3446	(2) consider categories for distinction designations,
3447	3447	with criteria relevant to each category, based on:
3448	3448	(A) the level of a program, whether elementary
3449	3449	school, middle or junior high school, or high school; and
3450	3450	(B) the student enrollment of a campus.
3451	3451	SUBCHAPTER H [F]. ADDITIONAL REWARDS
3452	3452	[Sec. 39.111. RECOGNITION AND REWARDS. The State Board of
3453	3453	Education shall develop a plan for recognizing and rewarding school
3454	3454	districts and campuses that are rated as exemplary or recognized
3455	3455	and for developing a network for sharing proven successful
3456	3456	practices statewide and regionally. The reward may be used to
3457	3457	provide educators with summer stipends to develop curricula based
3458	3458	on the cited successful strategies. The educators may copyright
3459	3459	the curricula they develop.]
3460	3460	Sec. 39.232 [39.112]. EXCELLENCE EXEMPTIONS. (a) Except
3461	3461	as provided by Subsection (b), a school campus or district that is
3462	3462	rated exemplary under Subchapter G is exempt from requirements and
3463	3463	prohibitions imposed under this code including rules adopted under
3464	3464	this code.
3465	3465	(b) A school campus or district is not exempt under this
3466	3466	section from:
3467	3467	(1) a prohibition on conduct that constitutes a
3468	3468	criminal offense;
3469	3469	(2) requirements imposed by federal law or rule,
3470	3470	including requirements for special education or bilingual
3471	3471	education programs; or
3472	3472	(3) a requirement, restriction, or prohibition
3473	3473	relating to:
3474	3474	(A) curriculum essential knowledge and skills
3475	3475	under Section 28.002 or high school [minimum] graduation
3476	3476	requirements under Section 28.025;
3477	3477	(B) public school accountability as provided by
3478	3478	Subchapters B, C, D, E, and J [G];
3479	3479	(C) extracurricular activities under Section
3480	3480	33.081;
3481	3481	(D) health and safety under Chapter 38;
3482	3482	(E) purchasing [competitive bidding] under
3483	3483	Subchapter B, Chapter 44;
3484	3484	(F) elementary school class size limits, except
3485	3485	as provided by Subsection (d) or Section 25.112;
3486	3486	(G) removal of a disruptive student from the
3487	3487	classroom under Subchapter A, Chapter 37;
3488	3488	(H) at risk programs under Subchapter C, Chapter
3489	3489	29;
3490	3490	(I) prekindergarten programs under Subchapter E,
3491	3491	Chapter 29;
3492	3492	(J) rights and benefits of school employees;
3493	3493	(K) special education programs under Subchapter
3494	3494	A, Chapter 29; or
3495	3495	(L) bilingual education programs under
3496	3496	Subchapter B, Chapter 29.
3497	3497	(c) The agency shall monitor and evaluate deregulation of a
3498	3498	school campus or district under this section and Section 7.056.
3499	3499	(d) The commissioner may exempt an exemplary school campus
3500	3500	under Subchapter G from elementary class size limits under this
3501	3501	section if the school campus submits to the commissioner a written
3502	3502	plan showing steps that will be taken to ensure that the exemption
3503	3503	from the class size limits will not be harmful to the academic
3504	3504	achievement of the students on the school campus. The commissioner
3505	3505	shall review achievement levels annually. The exemption remains in
3506	3506	effect until the commissioner determines that achievement levels of
3507	3507	the campus have declined.
3508	3508	Sec. 39.233 [39.113]. RECOGNITION OF HIGH SCHOOL
3509	3509	COMPLETION AND SUCCESS AND COLLEGE READINESS PROGRAMS. (a) The
3510	3510	agency shall:
3511	3511	(1) develop standards for evaluating the success and
3512	3512	cost-effectiveness of high school completion and success and
3513	3513	college readiness programs implemented under Section 39.234
3514	3514	[39.114];
3515	3515	(2) provide guidance for school districts and campuses
3516	3516	in establishing and improving high school completion and success
3517	3517	and college readiness programs implemented under Section 39.234
3518	3518	[39.114]; and
3519	3519	(3) develop standards for selecting and methods for
3520	3520	recognizing school districts and campuses that offer exceptional
3521	3521	high school completion and success and college readiness programs
3522	3522	under Section 39.234 [39.114].
3523	3523	(b) The commissioner may adopt rules for the administration
3524	3524	of this section.
3525	3525	Sec. 39.234 [39.114]. HIGH SCHOOL ALLOTMENT. (a) Except
3526	3526	as provided by Subsection (b), a school district or campus must use
3527	3527	funds allocated under Section 42.2516(b)(3) to:
3528	3528	(1) implement or administer a college readiness
3529	3529	program that provides academic support and instruction to prepare
3530	3530	underachieving students for entrance into an institution of higher
3531	3531	education;
3532	3532	(2) implement or administer a program that encourages
3533	3533	students to pursue advanced academic opportunities, including
3534	3534	early college high school programs and dual credit, advanced
3535	3535	placement, and international baccalaureate courses;
3536	3536	(3) implement or administer a program that provides
3537	3537	opportunities for students to take academically rigorous course
3538	3538	work, including four years of mathematics and four years of science
3539	3539	at the high school level;
3540	3540	(4) implement or administer a program, including
3541	3541	online course support and professional development, that aligns the
3542	3542	curriculum for grades six through 12 with postsecondary curriculum
3543	3543	and expectations; or
3544	3544	(5) implement or administer other high school
3545	3545	completion and success initiatives in grades six through 12
3546	3546	approved by the commissioner.
3547	3547	(b) A school district may use funds allocated under Section
3548	3548	42.2516(b)(3) on any instructional program in grades six through 12
3549	3549	other than an athletic program if:
3550	3550	(1) the district's measure of progress toward college
3551	3551	readiness is determined exceptional by a standard set [district is
3552	3552	recognized as exceptional] by the commissioner [under the academic
3553	3553	accountability indicator adopted under Section 39.051(b)(13)]; and
3554	3554	(2) the district's completion rates for grades nine
3555	3555	through 12 [meet or] exceed completion rate standards required by
3556	3556	the commissioner to achieve a status of accredited under Section
3557	3557	39.051 [rating of exemplary under Section 39.072].
3558	3558	(b-1) Subsection (b) applies beginning with the 2008-2009
3559	3559	school year. This subsection expires September 1, 2009.
3560	3560	(c) An open-enrollment charter school is entitled to an
3561	3561	allotment under this section in the same manner as a school
3562	3562	district.
3563	3563	(d) The commissioner shall adopt rules to administer this
3564	3564	section, including rules related to the permissible use of funds
3565	3565	allocated under this section to an open-enrollment charter school.
3566	3566	Sec. 39.235 [39.115]. HIGH SCHOOL INNOVATION GRANT
3567	3567	INITIATIVE. (a) From funds appropriated for that purpose, the
3568	3568	commissioner may establish a grant program under which grants are
3569	3569	awarded to secondary campuses and school districts to support:
3570	3570	(1) the implementation of innovative high school
3571	3571	improvement programs that are based on the best available research
3572	3572	regarding high school reform, dropout prevention, and preparing
3573	3573	students for postsecondary coursework or employment;
3574	3574	(2) enhancing education practices that have been
3575	3575	demonstrated by significant evidence of effectiveness; and
3576	3576	(3) the alignment of grants and programs to the
3577	3577	strategic plan adopted under Section 39.407 [39.357].
3578	3578	(b) Before awarding a grant under this section, the
3579	3579	commissioner may require a campus or school district to:
3580	3580	(1) obtain local matching funds; or
3581	3581	(2) meet other conditions, including developing a
3582	3582	personal graduation plan under Section 28.0212 for each student
3583	3583	enrolled at the campus or in a district high school.
3584	3584	(c) The commissioner may:
3585	3585	(1) accept gifts, grants, or donations from a private
3586	3586	foundation to implement a grant program under this section; and
3587	3587	(2) coordinate gifts, grants, or donations with other
3588	3588	available funding to implement a grant program under this section.
3589	3589	(d) The commissioner may use funds appropriated under this
3590	3590	section to support technical assistance services for school
3591	3591	districts and open-enrollment charter schools to implement a high
3592	3592	school improvement program under this section.
3593	3593	Sec. 39.236. GIFTED AND TALENTED STANDARDS. The
3594	3594	commissioner shall adopt standards to evaluate school district
3595	3595	programs for gifted and talented students to determine whether a
3596	3596	district operates a program for gifted and talented students in
3597	3597	accordance with:
3598	3598	(1) the Texas Performance Standards Project; or
3599	3599	(2) another program approved by the commissioner that
3600	3600	meets the requirements of the state plan for the education of gifted
3601	3601	and talented students under Section 29.123.
3602	3602	[Sec. 39.116. INITIATIVE FOR RETAINING QUALITY EDUCATORS.
3603	3603	Notwithstanding Section 39.1324(b), a school district, to assist in
3604	3604	preventing dropouts and disruptions that may result from certain
3605	3605	mandatory sanctions, may retain at a campus a principal who has been
3606	3606	employed at the campus as a principal during the two-year period
3607	3607	described by Section 39.1324(a) if the students enrolled at the
3608	3608	campus have demonstrated a pattern of significant academic
3609	3609	improvement.]
3610	3610	SUBCHAPTER I [E]. SUCCESSFUL SCHOOL AWARDS
3611	3611	Sec. 39.261 [39.091]. CREATION OF SYSTEM. The Texas
3612	3612	Successful Schools Awards System is created to recognize and reward
3613	3613	those schools and school districts that demonstrate progress or
3614	3614	success in achieving the education goals of the state.
3615	3615	Sec. 39.262 [39.092]. TYPES OF AWARDS. (a) The governor
3616	3616	may present a financial award to the schools or districts that the
3617	3617	commissioner determines have demonstrated the highest levels of
3618	3618	sustained success or the greatest improvement in achieving the
3619	3619	education goals. For each student in average daily attendance,
3620	3620	each of those schools or districts is entitled to an amount set for
3621	3621	the award for which the school or district is selected by the
3622	3622	commissioner, subject to any limitation set by the commissioner on
3623	3623	the total amount that may be awarded to a school or district.
3624	3624	(b) The governor may present proclamations or certificates
3625	3625	to additional schools and districts determined to have met or
3626	3626	exceeded the education goals.
3627	3627	(c) The commissioner may establish additional categories of
3628	3628	awards and award amounts for a school or district determined to be
3629	3629	successful under Subsection (a) or (b) that are contingent on the
3630	3630	school's or district's involvement with paired, lower-performing
3631	3631	schools.
3632	3632	Sec. 39.263 [39.093]. AWARDS. (a) The criteria that the
3633	3633	commissioner shall use to select successful schools and districts
3634	3634	must be related to the goals in Section 4.002 and must include
3635	3635	consideration of performance on the student achievement [academic
3636	3636	excellence] indicators adopted under Section 39.053(c) and
3637	3637	consideration of the distinction designation criteria prescribed
3638	3638	by or developed under Subchapter G [39.051].
3639	3639	(b) For purposes of selecting schools and districts under
3640	3640	Section 39.262(a) [39.092(a)], each school's performance shall be
3641	3641	compared to state standards and to its previous performance.
3642	3642	(c) [(b)] The commissioner shall select annually schools
3643	3643	and districts qualified to receive successful school awards for
3644	3644	their performance and report the selections to the governor and the
3645	3645	State Board of Education.
3646	3646	(d) [(c)] The agency shall notify each school district of
3647	3647	the manner in which the district or a school in the district may
3648	3648	qualify for a successful school award.
3649	3649	Sec. 39.264 [39.094]. USE OF AWARDS. (a) In determining
3650	3650	the use of a monetary award received under this subchapter, a school
3651	3651	or district shall give priority to academic enhancement purposes.
3652	3652	The award may not be used for any purpose related to athletics, and
3653	3653	it may not be used to substitute for or replace funds already in the
3654	3654	regular budget for a school or district.
3655	3655	(b) The campus-level committee established under Section
3656	3656	11.253 shall determine the use of the funds awarded to a school
3657	3657	under this subchapter. The professional staff of the district
3658	3658	shall determine the use of the funds awarded to the school district
3659	3659	under this subchapter.
3660	3660	Sec. 39.265 [39.095]. FUNDING. The award system may be
3661	3661	funded by donations, grants, or legislative appropriations. The
3662	3662	commissioner may solicit and receive grants and donations for the
3663	3663	purpose of making awards under this subchapter. A small portion of
3664	3664	the award funds may be used by the commissioner to pay for the costs
3665	3665	associated with sponsoring a ceremony to recognize or present
3666	3666	awards to schools or districts under this subchapter. The
3667	3667	donations, grants, or legislative appropriations shall be
3668	3668	accounted for and distributed by the agency. The awards are subject
3669	3669	to audit requirements established by the State Board of Education.
3670	3670	Sec. 39.266 [39.096]. CONFIDENTIALITY. All information
3671	3671	and reports received by the commissioner under this subchapter from
3672	3672	schools or school districts deemed confidential under Chapter 552,
3673	3673	Government Code, are confidential and may not be disclosed in any
3674	3674	public or private proceeding.
3675	3675	SUBCHAPTER J. PARENT AND EDUCATOR REPORTS
3676	3676	Sec. 39.301. ADDITIONAL PERFORMANCE INDICATORS:
3677	3677	REPORTING. (a) In addition to the indicators adopted under
3678	3678	Section 39.053, the commissioner shall adopt indicators of the
3679	3679	quality of learning for the purpose of preparing reports under this
3680	3680	chapter. The commissioner biennially shall review the indicators
3681	3681	for the consideration of appropriate revisions.
3682	3682	(b) Performance on the indicators adopted under this
3683	3683	section shall be evaluated in the same manner provided for
3684	3684	evaluation of the student achievement indicators under Section
3685	3685	39.053(c).
3686	3686	(c) Indicators for reporting purposes must include:
3687	3687	(1) the percentage of graduating students who meet the
3688	3688	course requirements established by State Board of Education rule
3689	3689	for the minimum high school program, the recommended high school
3690	3690	program, and the advanced high school program;
3691	3691	(2) the results of the SAT, ACT, articulated
3692	3692	postsecondary degree programs described by Section 61.852, and
3693	3693	certified workforce training programs described by Chapter 311,
3694	3694	Labor Code;
3695	3695	(3) for students who have failed to perform
3696	3696	satisfactorily, under each performance standard under Section
3697	3697	39.0241, on an assessment instrument required under Section
3698	3698	39.023(a) or (c), the performance of those students on subsequent
3699	3699	assessment instruments required under those sections, aggregated
3700	3700	by grade level and subject area;
3701	3701	(4) for each campus, the number of students,
3702	3702	disaggregated by major student subpopulations, that agree under
3703	3703	Section 28.025(b) to take courses under the minimum high school
3704	3704	program;
3705	3705	(5) the percentage of students, aggregated by grade
3706	3706	level, provided accelerated instruction under Section 28.0211(c),
3707	3707	the results of assessment instruments administered under that
3708	3708	section, the percentage of students promoted through the grade
3709	3709	placement committee process under Section 28.0211, the subject of
3710	3710	the assessment instrument on which each student failed to perform
3711	3711	satisfactorily under each performance standard under Section
3712	3712	39.0241, and the performance of those students in the school year
3713	3713	following that promotion on the assessment instruments required
3714	3714	under Section 39.023;
3715	3715	(6) the percentage of students of limited English
3716	3716	proficiency exempted from the administration of an assessment
3717	3717	instrument under Sections 39.027(a)(1) and (2);
3718	3718	(7) the percentage of students in a special education
3719	3719	program under Subchapter A, Chapter 29, assessed through assessment
3720	3720	instruments developed or adopted under Section 39.023(b);
3721	3721	(8) the percentage of students who satisfy the college
3722	3722	readiness measure;
3723	3723	(9) the measure of progress toward dual language
3724	3724	proficiency under Section 39.034(b), for students of limited
3725	3725	English proficiency, as defined by Section 29.052;
3726	3726	(10) the percentage of students who are not
3727	3727	educationally disadvantaged;
3728	3728	(11) the percentage of students who enroll and begin
3729	3729	instruction at an institution of higher education in the school
3730	3730	year following high school graduation; and
3731	3731	(12) the percentage of students who successfully
3732	3732	complete the first year of instruction at an institution of higher
3733	3733	education without needing a developmental education course.
3734	3734	(d) Performance on the indicators described by Section
3735	3735	39.053(c) and Subsections (c)(3), (4), and (9) must be based on
3736	3736	longitudinal student data that is disaggregated by the bilingual
3737	3737	education or special language program, if any, in which students of
3738	3738	limited English proficiency, as defined by Section 29.052, are or
3739	3739	former students of limited English proficiency were enrolled. If a
3740	3740	student described by this subsection is not or was not enrolled in
3741	3741	specialized language instruction, the number and percentage of
3742	3742	those students shall be provided.
3743	3743	(e) Section 39.055 applies in evaluating indicators
3744	3744	described by Subsection (c).
3745	3745	Sec. 39.302. REPORT TO DISTRICT: COMPARISONS FOR ANNUAL
3746	3746	PERFORMANCE ASSESSMENT. (a) The agency shall report to each school
3747	3747	district the comparisons of student performance made under Section
3748	3748	39.034.
3749	3749	(b) To the extent practicable, the agency shall combine the
3750	3750	report of comparisons with the report of the student's performance
3751	3751	on assessment instruments under Section 39.023.
3752	3752	Sec. 39.303. REPORT TO PARENTS. (a) The school district a
3753	3753	student attends shall provide a record of the comparisons made
3754	3754	under Section 39.034 and provided to the district under Section
3755	3755	39.302 in a written notice to the student's parent or other person
3756	3756	standing in parental relationship.
3757	3757	(b) For a student who failed to perform satisfactorily as
3758	3758	determined under either performance standard under Section 39.0241
3759	3759	on an assessment instrument administered under Section 39.023(a),
3760	3760	(c), or (l), the school district shall include in the notice
3761	3761	specific information relating to access to online educational
3762	3762	resources at the appropriate assessment instrument content level,
3763	3763	including educational resources described by Section 32.252(b)(2)
3764	3764	and assessment instrument questions and answers released under
3765	3765	Section 39.023(e).
3766	3766	Sec. 39.304. TEACHER REPORT CARD. (a) Each school district
3767	3767	shall prepare a report of the comparisons made under Section 39.034
3768	3768	and provided to the district under Section 39.302 and provide the
3769	3769	report at the beginning of the school year to:
3770	3770	(1) each teacher for all students, including incoming
3771	3771	students, who were assessed on an assessment instrument under
3772	3772	Section 39.023; and
3773	3773	(2) all students under Subdivision (1) who were
3774	3774	provided instruction by that teacher in the subject for which the
3775	3775	assessment instrument was administered under Section 39.023.
3776	3776	(b) The report shall indicate whether the student performed
3777	3777	satisfactorily or, if the student did not perform satisfactorily,
3778	3778	whether the student met the standard for annual improvement under
3779	3779	Section 39.034.
3780	3780	Sec. 39.305 [39.052]. CAMPUS REPORT CARD. (a) Each school
3781	3781	year, the agency shall prepare and distribute to each school
3782	3782	district a report card for each campus. The campus report cards
3783	3783	must be based on the most current data available disaggregated by
3784	3784	student groups. Campus performance must be compared to previous
3785	3785	campus and district performance, current district performance, and
3786	3786	state established standards[, and comparable campus group
3787	3787	performance].
3788	3788	(b) The report card shall include the following
3789	3789	information:
3790	3790	(1) where applicable, the student achievement
3791	3791	indicators described by Section 39.053(c) and the reporting
3792	3792	indicators described by Sections 39.301(c)(1) through (5)
3793	3793	[academic excellence indicators adopted under Sections
3794	3794	39.051(b)(1) through (10)];
3795	3795	(2) average class size by grade level and subject;
3796	3796	(3) the administrative and instructional costs per
3797	3797	student, computed in a manner consistent with Section 44.0071; and
3798	3798	(4) the district's instructional expenditures ratio
3799	3799	and instructional employees ratio computed under Section 44.0071,
3800	3800	and the statewide average of those ratios, as determined by the
3801	3801	commissioner.
3802	3802	(c) The commissioner shall adopt rules requiring
3803	3803	dissemination of the information required under Subsection (b)(4)
3804	3804	and appropriate class size and student performance portions of
3805	3805	campus report cards annually to the parent, guardian, conservator,
3806	3806	or other person having lawful control of each student at the campus.
3807	3807	On written request, the school district shall provide a copy of a
3808	3808	campus report card to any other party.
3809	3809	Sec. 39.306 [39.053]. PERFORMANCE REPORT. (a) Each board
3810	3810	of trustees shall publish an annual report describing the
3811	3811	educational performance of the district and of each campus in the
3812	3812	district that includes uniform student performance and descriptive
3813	3813	information as determined under rules adopted by the commissioner.
3814	3814	The annual report must also include:
3815	3815	(1) campus performance objectives established under
3816	3816	Section 11.253 and the progress of each campus toward those
3817	3817	objectives, which shall be available to the public;
3818	3818	(2) information indicating the district's
3819	3819	accreditation status and identifying each district campus awarded a
3820	3820	distinction designation under Subchapter G or considered an
3821	3821	unacceptable campus under Subchapter E [the performance rating for
3822	3822	the district as provided under Section 39.072(a) and the
3823	3823	performance rating of each campus in the district as provided under
3824	3824	Section 39.072(c)];
3825	3825	(3) the district's current special education
3826	3826	compliance status with the agency;
3827	3827	(4) a statement of the number, rate, and type of
3828	3828	violent or criminal incidents that occurred on each district
3829	3829	campus, to the extent permitted under the Family Educational Rights
3830	3830	and Privacy Act of 1974 (20 U.S.C. Section 1232g);
3831	3831	(5) information concerning school violence prevention
3832	3832	and violence intervention policies and procedures that the district
3833	3833	is using to protect students; [and]
3834	3834	(6) the findings that result from evaluations
3835	3835	conducted under the Safe and Drug-Free Schools and Communities Act
3836	3836	of 1994 (20 U.S.C. Section 7101 et seq.) [and its subsequent
3837	3837	amendments]; and
3838	3838	(7) information received under Section 51.403(e) for
3839	3839	each high school campus in the district, presented in a form
3840	3840	determined by the commissioner.
3841	3841	(b) Supplemental information to be included in the reports
3842	3842	shall be determined by the board of trustees. Performance
3843	3843	information in the annual reports on the indicators described by
3844	3844	Sections 39.053 and 39.301 [established under Section 39.051] and
3845	3845	descriptive information required by this section shall be provided
3846	3846	by the agency.
3847	3847	(c) The board of trustees shall hold a hearing for public
3848	3848	discussion of the report. The board of trustees shall give notice
3849	3849	of the hearing to property owners in the district and parents of and
3850	3850	other persons standing in parental relation to[, guardians,
3851	3851	conservators, and other persons having lawful control of] a
3852	3852	district student. The notification must include notice to a
3853	3853	newspaper of general circulation in the district and notice to
3854	3854	electronic media serving the district. After the hearing the
3855	3855	report shall be widely disseminated within the district in a manner
3856	3856	to be determined under rules adopted by the commissioner.
3857	3857	(d) The report must also include a comparison provided by
3858	3858	the agency of:
3859	3859	(1) the performance of each campus to its previous
3860	3860	performance and to state-established standards; and
3861	3861	(2) the performance of each district to its previous
3862	3862	performance and to state-established standards[; and
3863	3863	[(3) the performance of each campus or district to
3864	3864	comparable improvement].
3865	3865	(e) The report may include the following information:
3866	3866	(1) student information, including total enrollment,
3867	3867	enrollment by ethnicity, socioeconomic status, and grade groupings
3868	3868	and retention rates;
3869	3869	(2) financial information, including revenues and
3870	3870	expenditures;
3871	3871	(3) staff information, including number and type of
3872	3872	staff by sex [gender], ethnicity, years of experience, and highest
3873	3873	degree held, teacher and administrator salaries, and teacher
3874	3874	turnover;
3875	3875	(4) program information, including student enrollment
3876	3876	by program, teachers by program, and instructional operating
3877	3877	expenditures by program; and
3878	3878	(5) the number of students placed in a disciplinary
3879	3879	alternative education program under Chapter 37.
3880	3880	(f) The commissioner [State Board of Education] by rule
3881	3881	shall authorize the combination of this report with other reports
3882	3882	and financial statements and shall restrict the number and length
3883	3883	of reports that school districts, school district employees, and
3884	3884	school campuses are required to prepare.
3885	3885	(g) The report must include a statement of the amount, if
3886	3886	any, of the school district's unencumbered surplus fund balance as
3887	3887	of the last day of the preceding fiscal year and the percentage of
3888	3888	the preceding year's budget that the surplus represents.
3889	3889	Sec. 39.307 [39.054]. USES OF PERFORMANCE REPORT. The
3890	3890	information required to be reported under Section 39.306 [39.053]
3891	3891	shall be:
3892	3892	(1) the subject of public hearings or meetings
3893	3893	required under Sections 11.252, 11.253, and 39.306 [39.053];
3894	3894	(2) a primary consideration in school district and
3895	3895	campus planning; and
3896	3896	(3) a primary consideration of:
3897	3897	(A) the State Board of Education in the
3898	3898	evaluation of the performance of the commissioner;
3899	3899	(B) the commissioner in the evaluation of the
3900	3900	performance of the directors of the regional education service
3901	3901	centers;
3902	3902	(C) the board of trustees of a school district in
3903	3903	the evaluation of the performance of the superintendent of the
3904	3904	district; and
3905	3905	(D) the superintendent in the evaluation of the
3906	3906	performance of the district's campus principals.
3907	3907	Sec. 39.308 [39.055]. ANNUAL AUDIT OF DROPOUT RECORDS;
3908	3908	REPORT. (a) The commissioner shall develop a process for auditing
3909	3909	school district dropout records electronically. The commissioner
3910	3910	shall also develop a system and standards for review of the audit or
3911	3911	use systems already available at the agency. The system must be
3912	3912	designed to identify districts that are at high risk of having
3913	3913	inaccurate dropout records and that, as a result, require on-site
3914	3914	monitoring of dropout records.
3915	3915	(b) If the electronic audit of a school district's dropout
3916	3916	records indicates that a district is not at high risk of having
3917	3917	inaccurate dropout records, the district may not be subject to
3918	3918	on-site monitoring under this subsection.
3919	3919	(c) If the risk-based system indicates that a school
3920	3920	district is at high risk of having inaccurate dropout records, the
3921	3921	district is entitled to an opportunity to respond to the
3922	3922	commissioner's determination before on-site monitoring may be
3923	3923	conducted. The district must respond not later than the 30th day
3924	3924	after the date the commissioner notifies the district of the
3925	3925	commissioner's determination. If the district's response does not
3926	3926	change the commissioner's determination that the district is at
3927	3927	high risk of having inaccurate dropout records or if the district
3928	3928	does not respond in a timely manner, the commissioner shall order
3929	3929	agency staff to conduct on-site monitoring of the district's
3930	3930	dropout records.
3931	3931	(d) [(e)] The commissioner shall notify the board of
3932	3932	trustees of a school district of any objection the commissioner has
3933	3933	to the district's dropout data, any violation of sound accounting
3934	3934	practices or of a law or rule revealed by the data, or any
3935	3935	recommendation by the commissioner concerning the data. If the data
3936	3936	reflect that a penal law has been violated, the commissioner shall
3937	3937	notify the county attorney, district attorney, or criminal district
3938	3938	attorney, as appropriate, and the attorney general.
3939	3939	(e) The commissioner is entitled to access to all district
3940	3940	records the commissioner considers necessary or appropriate for the
3941	3941	review, analysis, or approval of district dropout data.
3942	3942	SUBCHAPTER K [H]. REPORTS BY TEXAS EDUCATION AGENCY
3943	3943	Sec. 39.331 [39.181]. GENERAL REQUIREMENTS. (a) Each
3944	3944	report required by this subchapter must:
3945	3945	(1) unless otherwise specified, contain summary
3946	3946	information and analysis only, with an indication that the agency
3947	3947	will provide the data underlying the report on request;
3948	3948	(2) specify a person at the agency who may be contacted
3949	3949	for additional information regarding the report and provide the
3950	3950	person's telephone number; and
3951	3951	(3) identify other sources of related information,
3952	3952	indicating the level of detail and format of information that may be
3953	3953	obtained, including the availability of any information on the
3954	3954	Texas Education Network.
3955	3955	(b) Each component of a report required by this subchapter
3956	3956	must:
3957	3957	(1) identify the substantive goal underlying the
3958	3958	information required to be reported;
3959	3959	(2) analyze the progress made and longitudinal trends
3960	3960	in achieving the underlying substantive goal;
3961	3961	(3) offer recommendations for improved progress in
3962	3962	achieving the underlying substantive goal; and
3963	3963	(4) identify the relationship of the information
3964	3964	required to be reported to state education goals.
3965	3965	(c) Unless otherwise provided, each report required by this
3966	3966	subchapter is due not later than December 1 of each even-numbered
3967	3967	year.
3968	3968	(d) Subsections (a) and (b) apply to any report required by
3969	3969	statute that the agency or the State Board of Education must prepare
3970	3970	and deliver to the governor, lieutenant governor, speaker of the
3971	3971	house of representatives, or legislature.
3972	3972	(e) Unless otherwise provided by law, any report required by
3973	3973	statute that the agency or the State Board of Education must prepare
3974	3974	and deliver to the governor, lieutenant governor, speaker of the
3975	3975	house of representatives, or legislature may be combined, at the
3976	3976	discretion of the commissioner, with a report required by this
3977	3977	subchapter.
3978	3978	Sec. 39.332 [39.182]. COMPREHENSIVE ANNUAL REPORT. (a)
3979	3979	Not later than December 1 of each year, the agency shall prepare and
3980	3980	deliver to the governor, the lieutenant governor, the speaker of
3981	3981	the house of representatives, each member of the legislature, the
3982	3982	Legislative Budget Board, and the clerks of the standing committees
3983	3983	of the senate and house of representatives with primary
3984	3984	jurisdiction over the public school system a comprehensive report
3985	3985	covering the preceding school year and containing the information
3986	3986	described by Subsection (b).
3987	3987	(b) [:] (1) The report must contain an evaluation of the
3988	3988	achievements of the state educational program in relation to the
3989	3989	statutory goals for the public education system under Section
3990	3990	4.002.[;]
3991	3991	(2) The report must contain an evaluation of the
3992	3992	status of education in the state as reflected by:
3993	3993	(A) the student achievement [academic
3994	3994	excellence] indicators described by [adopted under] Section 39.053
3995	3995	[39.051]; and
3996	3996	(B) the reporting indicators described by
3997	3997	Section 39.301.
3998	3998	(3) The report must contain a summary compilation of
3999	3999	overall student performance on academic skills assessment
4000	4000	instruments required by Section 39.023 with the number and
4001	4001	percentage of students exempted from the administration of those
4002	4002	instruments and the basis of the exemptions, aggregated by grade
4003	4003	level, subject area, campus, and district, with appropriate
4004	4004	interpretations and analysis, and disaggregated by race,
4005	4005	ethnicity, gender, and socioeconomic status.[;]
4006	4006	(4) The report must contain a summary compilation of
4007	4007	overall performance of students placed in a disciplinary
4008	4008	alternative education program established under Section 37.008 on
4009	4009	academic skills assessment instruments required by Section 39.023
4010	4010	with the number of those students exempted from the administration
4011	4011	of those instruments and the basis of the exemptions, aggregated by
4012	4012	district, grade level, and subject area, with appropriate
4013	4013	interpretations and analysis, and disaggregated by race,
4014	4014	ethnicity, gender, and socioeconomic status.[;]
4015	4015	(5) The report must contain a summary compilation of
4016	4016	overall performance of students at risk of dropping out of school,
4017	4017	as defined by Section 29.081(d), on academic skills assessment
4018	4018	instruments required by Section 39.023 with the number of those
4019	4019	students exempted from the administration of those instruments and
4020	4020	the basis of the exemptions, aggregated by district, grade level,
4021	4021	and subject area, with appropriate interpretations and analysis,
4022	4022	and disaggregated by race, ethnicity, gender, and socioeconomic
4023	4023	status.[;]
4024	4024	(6) The report must contain an evaluation of the
4025	4025	correlation between student grades and student performance on
4026	4026	academic skills assessment instruments required by Section
4027	4027	39.023.[;]
4028	4028	(7) The report must contain a statement of the dropout
4029	4029	rate of students in grade levels 7 through 12, expressed in the
4030	4030	aggregate and by grade level, and a statement of the completion
4031	4031	rates of students for grade levels 9 through 12.[;]
4032	4032	(8) The report must contain a statement of:
4033	4033	(A) the completion rate of students who enter
4034	4034	grade level 9 and graduate not more than four years later;
4035	4035	(B) the completion rate of students who enter
4036	4036	grade level 9 and graduate, including students who require more
4037	4037	than four years to graduate;
4038	4038	(C) the completion rate of students who enter
4039	4039	grade level 9 and not more than four years later receive a high
4040	4040	school equivalency certificate;
4041	4041	(D) the completion rate of students who enter
4042	4042	grade level 9 and receive a high school equivalency certificate,
4043	4043	including students who require more than four years to receive a
4044	4044	certificate; and
4045	4045	(E) the number and percentage of all students who
4046	4046	have not been accounted for under Paragraph (A), (B), (C), or
4047	4047	(D).[;]
4048	4048	(9) The report must contain a statement of the
4049	4049	projected cross-sectional and longitudinal dropout rates for grade
4050	4050	levels 9 through 12 for the next five years, assuming no state
4051	4051	action is taken to reduce the dropout rate.[;]
4052	4052	(10) The report must contain a description of a
4053	4053	systematic, measurable plan for reducing the projected
4054	4054	cross-sectional and longitudinal dropout rates to five percent or
4055	4055	less. [for the 1997-1998 school year;]
4056	4056	(11) The report must contain a summary of the
4057	4057	information required by Section 29.083 regarding grade level
4058	4058	retention of students and information concerning:
4059	4059	(A) the number and percentage of students
4060	4060	retained; and
4061	4061	(B) the performance of retained students on
4062	4062	assessment instruments required under Section 39.023(a).[;]
4063	4063	(12) The report must contain information, aggregated
4064	4064	by district type and disaggregated by race, ethnicity, gender, and
4065	4065	socioeconomic status, on:
4066	4066	(A) the number of students placed in a
4067	4067	disciplinary alternative education program established under
4068	4068	Section 37.008;
4069	4069	(B) the average length of a student's placement
4070	4070	in a disciplinary alternative education program established under
4071	4071	Section 37.008;
4072	4072	(C) the academic performance of students on
4073	4073	assessment instruments required under Section 39.023(a) during the
4074	4074	year preceding and during the year following placement in a
4075	4075	disciplinary alternative education program; and
4076	4076	(D) the dropout rates of students who have been
4077	4077	placed in a disciplinary alternative education program established
4078	4078	under Section 37.008.[;]
4079	4079	(13) The report must contain a list of each school
4080	4080	district or campus that does not satisfy performance standards,
4081	4081	with an explanation of the actions taken by the commissioner to
4082	4082	improve student performance in the district or campus and an
4083	4083	evaluation of the results of those actions.[;]
4084	4084	(14) The report must contain an evaluation of the
4085	4085	status of the curriculum taught in public schools, with
4086	4086	recommendations for legislative changes necessary to improve or
4087	4087	modify the curriculum required by Section 28.002.[;]
4088	4088	(15) The report must contain a description of all
4089	4089	funds received by and each activity and expenditure of the
4090	4090	agency.[;]
4091	4091	(16) The report must contain a summary and analysis of
4092	4092	the instructional expenditures ratios and instructional employees
4093	4093	ratios of school districts computed under Section 44.0071.[;]
4094	4094	(17) The report must contain a summary of the effect of
4095	4095	deregulation, including exemptions and waivers granted under
4096	4096	Section 7.056 or 39.232. [39.112;]
4097	4097	(18) The report must contain a statement of the total
4098	4098	number and length of reports that school districts and school
4099	4099	district employees must submit to the agency, identifying which
4100	4100	reports are required by federal statute or rule, state statute, or
4101	4101	agency rule, and a summary of the agency's efforts to reduce overall
4102	4102	reporting requirements.[;]
4103	4103	(19) The report must contain a list of each school
4104	4104	district that is not in compliance with state special education
4105	4105	requirements, including:
4106	4106	(A) the period for which the district has not
4107	4107	been in compliance;
4108	4108	(B) the manner in which the agency considered the
4109	4109	district's failure to comply in determining the district's
4110	4110	accreditation status; and
4111	4111	(C) an explanation of the actions taken by the
4112	4112	commissioner to ensure compliance and an evaluation of the results
4113	4113	of those actions.[;]
4114	4114	(20) The report must contain a comparison of the
4115	4115	performance of open-enrollment charter schools and school
4116	4116	districts on the student achievement [academic excellence]
4117	4117	indicators described by Section 39.053(c), the reporting
4118	4118	indicators described by Section 39.301(c), [specified in Section
4119	4119	39.051(b)] and the accountability measures adopted under Section
4120	4120	39.053(i) [39.051(g)], with a separately aggregated comparison of
4121	4121	the performance of open-enrollment charter schools predominantly
4122	4122	serving students at risk of dropping out of school, as described
4123	4123	[defined] by Section 29.081(d), with the performance of school
4124	4124	districts.[;]
4125	4125	(21) The report must contain a summary of the
4126	4126	information required by Section 38.0141 regarding student health
4127	4127	and physical activity from each school district.[;]
4128	4128	(22) The report must contain a summary compilation of
4129	4129	overall student performance under the assessment system developed
4130	4130	to evaluate the longitudinal academic progress as required by
4131	4131	Section 39.027(e), disaggregated by bilingual education or special
4132	4132	language program instructional model, if any.[; and]
4133	4133	(23) The report must contain any additional
4134	4134	information considered important by the commissioner or the State
4135	4135	Board of Education.
4136	4136	(c) [(b)] In reporting the information required by
4137	4137	Subsection (b)(3) or (4) [(a)(3) or (4)], the agency may separately
4138	4138	aggregate the performance data of students enrolled in a special
4139	4139	education program under Subchapter A, Chapter 29.
4140	4140	(d) [(b-1)] In reporting the information required by
4141	4141	Subsections (b)(3), (5), and (7) [(a)(3), (5), and (7)], the agency
4142	4142	shall separately aggregate the longitudinal performance data of all
4143	4143	students identified as students of limited English proficiency, as
4144	4144	defined by Section 29.052, or former students of limited English
4145	4145	proficiency, disaggregated by bilingual education or special
4146	4146	language program instructional model, if any, in which the students
4147	4147	are or were enrolled.
4148	4148	(e) [(c)] Each report must contain the most recent data
4149	4149	available.
4150	4150	Sec. 39.333 [39.183]. REGIONAL AND DISTRICT LEVEL REPORT.
4151	4151	The agency shall prepare and deliver to the governor, the
4152	4152	lieutenant governor, the speaker of the house of representatives,
4153	4153	each member of the legislature, the Legislative Budget Board, and
4154	4154	the clerks of the standing committees of the senate and house of
4155	4155	representatives with primary jurisdiction over the public school
4156	4156	system a regional and district level report covering the preceding
4157	4157	two school years and containing:
4158	4158	(1) a summary of school district compliance with the
4159	4159	student/teacher ratios and class-size limitations prescribed by
4160	4160	Sections 25.111 and 25.112, including:
4161	4161	(A) the number of campuses and classes at each
4162	4162	campus granted an exception from Section 25.112; and
4163	4163	(B) for [the performance rating under Subchapter
4164	4164	D of] each campus granted an exception from Section 25.112, a
4165	4165	statement of whether the campus has been awarded a distinction
4166	4166	designation under Subchapter G or has been identified as an
4167	4167	unacceptable campus under Subchapter E;
4168	4168	(2) a summary of the exemptions and waivers granted to
4169	4169	campuses and school districts under Section 7.056 or 39.232
4170	4170	[39.112] and a review of the effectiveness of each campus or
4171	4171	district following deregulation;
4172	4172	(3) an evaluation of the performance of the system of
4173	4173	regional education service centers based on the indicators adopted
4174	4174	under Section 8.101 and client satisfaction with services provided
4175	4175	under Subchapter B, Chapter 8;
4176	4176	(4) an evaluation of accelerated instruction programs
4177	4177	offered under Section 28.006, including an assessment of the
4178	4178	quality of such programs and the performance of students enrolled
4179	4179	in such programs; and
4180	4180	(5) the number of classes at each campus that are
4181	4181	currently being taught by individuals who are not certified in the
4182	4182	content areas of their respective classes.
4183	4183	Sec. 39.334 [39.184]. TECHNOLOGY REPORT. The agency shall
4184	4184	prepare and deliver to the governor, the lieutenant governor, the
4185	4185	speaker of the house of representatives, each member of the
4186	4186	legislature, the Legislative Budget Board, and the clerks of the
4187	4187	standing committees of the senate and house of representatives with
4188	4188	primary jurisdiction over the public school system a technology
4189	4189	report covering the preceding two school years and containing
4190	4190	information on the status of the implementation of and revisions to
4191	4191	the long-range technology plan required by Section 32.001,
4192	4192	including the equity of the distribution and use of technology in
4193	4193	public schools.
4194	4194	Sec. 39.335 [39.185]. INTERIM REPORT. Not later than
4195	4195	December 1 of each odd-numbered year, the agency shall prepare and
4196	4196	deliver to the governor, the lieutenant governor, the speaker of
4197	4197	the house of representatives, each member of the legislature, the
4198	4198	Legislative Budget Board, and the clerks of the standing committees
4199	4199	of the senate and house of representatives with primary
4200	4200	jurisdiction over the public school system an interim report
4201	4201	containing, for the previous school year, the information required
4202	4202	by Section 39.333(2) [39.183(2)].
4203	4203	SUBCHAPTER L [J]. NOTICE OF PERFORMANCE
4204	4204	Sec. 39.361 [39.251]. NOTICE IN STUDENT GRADE REPORT. The
4205	4205	first written notice of a student's performance that a school
4206	4206	district gives during a school year as required by Section
4207	4207	28.022(a)(2) must include [the following information]:
4208	4208	(1) a statement of whether the campus at which the
4209	4209	student is enrolled has been awarded a distinction designation
4210	4210	under Subchapter G or has been identified as an unacceptable campus
4211	4211	under Subchapter E [the most recent performance rating of the
4212	4212	campus at which the student is enrolled, as determined under
4213	4213	Section 39.072]; and
4214	4214	(2) an explanation of the significance of the
4215	4215	information provided under Subdivision (1) [a definition and
4216	4216	explanation of each performance rating described by Section
4217	4217	39.072(a)].
4218	4218	Sec. 39.362 [39.252]. NOTICE ON DISTRICT WEBSITE. Not
4219	4219	later than the 10th day after the first day of instruction of each
4220	4220	school year, a school district that maintains an Internet website
4221	4221	shall make the following information available to the public on the
4222	4222	website:
4223	4223	(1) the information contained in the most recent
4224	4224	campus report card for each campus in the district[, as determined]
4225	4225	under Section 39.305 [39.052];
4226	4226	(2) the information contained in the most recent
4227	4227	performance report for the district[, as determined] under Section
4228	4228	39.306 [39.053];
4229	4229	(3) the most recent accreditation status and
4230	4230	performance rating of the district[, as determined] under Sections
4231	4231	39.052 and 39.054 [Section 39.072]; and
4232	4232	(4) a definition and explanation of each accreditation
4233	4233	status under [performance rating described by] Section 39.051,
4234	4234	based on commissioner rule adopted under that section [39.072(a)].
4235	4235	SUBCHAPTER M [L]. HIGH SCHOOL COMPLETION AND SUCCESS INITIATIVE
4236	4236	Sec. 39.401 [39.351]. DEFINITION. In this subchapter,
4237	4237	"council" means the High School Completion and Success Initiative
4238	4238	Council.
4239	4239	Sec. 39.402 [39.352]. HIGH SCHOOL COMPLETION AND SUCCESS
4240	4240	INITIATIVE COUNCIL. (a) The High School Completion and Success
4241	4241	Initiative Council is established to identify strategic priorities
4242	4242	for and make recommendations to improve the effectiveness,
4243	4243	coordination, and alignment of high school completion and college
4244	4244	and workforce readiness efforts.
4245	4245	(b) The council is composed of:
4246	4246	(1) the commissioner of education;
4247	4247	(2) the commissioner of higher education; and
4248	4248	(3) seven members appointed by the commissioner of
4249	4249	education.
4250	4250	(c) In making appointments required by Subsection (b)(3),
4251	4251	the commissioner of education shall appoint:
4252	4252	(1) three members from a list of nominations provided
4253	4253	by the governor;
4254	4254	(2) two members from a list of nominations provided by
4255	4255	the lieutenant governor; and
4256	4256	(3) two members from a list of nominations provided by
4257	4257	the speaker of the house of representatives.
4258	4258	(d) In making nominations under Subsection (c), the
4259	4259	governor, lieutenant governor, and speaker of the house of
4260	4260	representatives shall nominate persons who have distinguished
4261	4261	experience in:
4262	4262	(1) developing and implementing high school reform
4263	4263	strategies; and
4264	4264	(2) promoting college and workforce readiness.
4265	4265	Sec. 39.403 [39.353]. TERMS. Members of the council
4266	4266	appointed under Section 39.402(b)(3) [39.352(b)(3)] serve terms of
4267	4267	two years and may be reappointed for additional terms.
4268	4268	Sec. 39.404 [39.354]. PRESIDING OFFICER. The commissioner
4269	4269	of education serves as the presiding officer of the council.
4270	4270	Sec. 39.405 [39.355]. COMPENSATION AND REIMBURSEMENT. A
4271	4271	member of the council is not entitled to compensation for service on
4272	4272	the council but is entitled to reimbursement for actual and
4273	4273	necessary expenses incurred in performing council duties.
4274	4274	Sec. 39.406 [39.356]. COUNCIL STAFF AND FUNDING. (a)
4275	4275	Except as otherwise provided, staff members of the agency, with the
4276	4276	assistance of the Texas Higher Education Coordinating Board, shall
4277	4277	provide administrative support for the council.
4278	4278	(b) Funding for the administrative and operational expenses
4279	4279	of the council shall be provided by appropriation to the agency for
4280	4280	that purpose and by gifts, grants, and donations solicited and
4281	4281	accepted by the agency for that purpose.
4282	4282	Sec. 39.407 [39.357]. STRATEGIC PLAN. (a) The council
4283	4283	shall adopt a strategic plan under this subchapter to:
4284	4284	(1) specify strategies to identify, support, and
4285	4285	expand programs to improve high school completion rates and college
4286	4286	and workforce readiness;
4287	4287	(2) establish specific goals with which to measure the
4288	4288	success of the strategies identified under Subdivision (1) in
4289	4289	improving high school completion rates and college and workforce
4290	4290	readiness;
4291	4291	(3) identify strategies for alignment and
4292	4292	coordination of federal and other funding sources that may be
4293	4293	pursued for high school reform, dropout prevention, and preparation
4294	4294	of students for postsecondary coursework or employment; and
4295	4295	(4) identify key objectives for appropriate research
4296	4296	and program evaluation conducted as provided by this subchapter.
4297	4297	(b) The commissioner of education and the commissioner of
4298	4298	higher education shall adopt rules as necessary to administer the
4299	4299	strategic plan adopted by the council under this section.
4300	4300	(c) The commissioner of education or the commissioner of
4301	4301	higher education may not, in a manner inconsistent with the
4302	4302	strategic plan, spend money, award a grant, or enter into a contract
4303	4303	in connection with a program relating to high school success and
4304	4304	completion.
4305	4305	Sec. 39.408 [39.358]. ELIGIBILITY CRITERIA FOR CERTAIN
4306	4306	GRANT PROGRAMS. A school district or campus is eligible to
4307	4307	participate in programs under Sections 21.4541, 29.095, 29.096,
4308	4308	29.097, and 29.098 if the district or campus exhibited during each
4309	4309	of the three preceding school years characteristics that strongly
4310	4310	correlate with high dropout rates.
4311	4311	Sec. 39.409 [39.359]. PRIVATE FOUNDATION PARTNERSHIPS.
4312	4312	(a) The commissioner of education or the commissioner of higher
4313	4313	education, as appropriate, and the council may coordinate with
4314	4314	private foundations that have made a substantial investment in the
4315	4315	improvement of high schools in this state to maximize the impact of
4316	4316	public and private investments.
4317	4317	(b) A private foundation is not required to obtain the
4318	4318	approval of the appropriate commissioner or the council under
4319	4319	Subsection (a) before allocating resources to a school in this
4320	4320	state.
4321	4321	Sec. 39.410 [39.360]. GRANT PROGRAM EVALUATION. (a) The
4322	4322	commissioner of education shall annually set aside not more than
4323	4323	five percent of the funds appropriated for high school completion
4324	4324	and success to contract for the evaluation of programs supported by
4325	4325	grants approved under this subchapter. In awarding a contract
4326	4326	under this subsection, the commissioner shall consider centers for
4327	4327	education research established under Section 1.005.
4328	4328	(b) A person who receives a grant approved under this
4329	4329	subchapter must consent to an evaluation under this section as a
4330	4330	condition of receiving the grant.
4331	4331	(c) The commissioner shall ensure that an evaluation
4332	4332	conducted under this section includes an assessment of whether
4333	4333	student achievement has improved. Results of the evaluation shall
4334	4334	be provided through the online clearinghouse of information
4335	4335	relating to the best practices of campuses and school districts
4336	4336	established under Section 7.009.
4337	4337	Sec. 39.411 [39.361]. COUNCIL RECOMMENDATIONS. (a) Based
4338	4338	on the strategic plan adopted under this subchapter [section], the
4339	4339	council shall make recommendations to the commissioner of education
4340	4340	or the commissioner of higher education, as applicable, for the use
4341	4341	of federal and state funds appropriated or received for high school
4342	4342	reform, college readiness, and dropout prevention, including
4343	4343	grants awarded under Sections 21.4511, 21.4541, 29.095-29.098,
4344	4344	29.917, 29.919, and 39.235 [39.115].
4345	4345	(b) The council shall include recommendations under this
4346	4346	section for:
4347	4347	(1) key elements of program design;
4348	4348	(2) criteria for awarding grants and evaluating
4349	4349	programs;
4350	4350	(3) program funding priorities; and
4351	4351	(4) program evaluation as provided by this subchapter.
4352	4352	(c) The commissioner of education or the commissioner of
4353	4353	higher education, as applicable, shall consider the council's
4354	4354	recommendations and based on those recommendations may award grants
4355	4355	to school districts, open-enrollment charter schools, institutions
4356	4356	of higher education, regional education service centers, and
4357	4357	nonprofit organizations to meet the goals of the council's
4358	4358	strategic plan.
4359	4359	(d) The commissioner of education or the commissioner of
4360	4360	higher education, as applicable:
4361	4361	(1) is not required under this section to allocate
4362	4362	funds to a program or initiative recommended by the council; and
4363	4363	(2) may not initiate a program funded under this
4364	4364	section that does not conform to the recommended use of funds as
4365	4365	provided under Subsections (a) and (b).
4366	4366	Sec. 39.412 [39.362]. FUNDING PROVIDED TO SCHOOL
4367	4367	DISTRICTS. From funds appropriated, the commissioner of education
4368	4368	may provide funding to school districts to permit a school district
4369	4369	to obtain technical assistance in preparing a grant proposal for a
4370	4370	grant program administered under this subchapter.
4371	4371	Sec. 39.413 [39.363]. FUNDING FOR CERTAIN PROGRAMS. (a)
4372	4372	From funds appropriated, the Texas Higher Education Coordinating
4373	4373	Board shall allocate $8.75 million each year to establish
4374	4374	mathematics, science, and technology teacher preparation academies
4375	4375	under Section 21.462 and implement and administer the program under
4376	4376	Section 29.098.
4377	4377	(b) The Texas Higher Education Coordinating Board shall
4378	4378	establish mathematics, science, and technology teacher preparation
4379	4379	academies under Section 21.462 and implement and administer the
4380	4380	program under Section 29.098 in a manner consistent with the goals
4381	4381	of this subchapter and the goals in "Closing the Gaps," the state's
4382	4382	master plan for higher education.
4383	4383	Sec. 39.414 [39.364]. PRIVATE FUNDING. The commissioner of
4384	4384	education or the commissioner of higher education, as appropriate,
4385	4385	may accept gifts, grants, or donations to fund a grant administered
4386	4386	under this subchapter.
4387	4387	Sec. 39.415 [39.365]. REPORTS. (a) Not later than
4388	4388	December 1 of each even-numbered year, the agency shall prepare and
4389	4389	deliver a report to the legislature that recommends any statutory
4390	4390	changes the council considers appropriate to promote high school
4391	4391	completion and college and workforce readiness.
4392	4392	(b) Not later than March 1 and September 1 of each year, the
4393	4393	commissioner of education shall prepare and deliver a progress
4394	4394	report to the presiding officers of the standing committees of each
4395	4395	house of the legislature with primary jurisdiction over public
4396	4396	education, the Legislative Budget Board, and the Governor's Office
4397	4397	of Policy and Planning on:
4398	4398	(1) the implementation of Sections 7.031, 21.4511,
4399	4399	21.4541, 21.462, 28.008(d-1), 28.0212(d), 29.095-29.098, 29.911,
4400	4400	29.917-29.919, and 39.235 [39.115] and this subchapter;
4401	4401	(2) the programs supported by grants approved under
4402	4402	this subchapter; and
4403	4403	(3) the alignment of grants and programs to the
4404	4404	strategic plan adopted under Section 39.407 [39.357].
4405	4405	Sec. 39.416 [39.366]. RULES. The commissioner of education
4406	4406	and the commissioner of higher education shall adopt rules as
4407	4407	necessary to administer this subchapter and any programs under the
4408	4408	authority of the commissioner of education or the commissioner of
4409	4409	higher education and the council under this subchapter.
4410	4410	SECTION 60. Section 42.002(b), Education Code, is amended
4411	4411	to read as follows:
4412	4412	(b) The Foundation School Program consists of:
4413	4413	(1) two tiers that in combination provide for:
4414	4414	(A) sufficient financing for all school
4415	4415	districts to provide a basic program of education that is rated
4416	4416	[academically] acceptable or higher under Section 39.054 [39.072]
4417	4417	and meets other applicable legal standards; and
4418	4418	(B) substantially equal access to funds to
4419	4419	provide an enriched program; and
4420	4420	(2) a facilities component as provided by Chapter 46.
4421	4421	SECTION 61. Section 51.3062, Education Code, is amended by
4422	4422	adding Subsections (i-1) and (q-1) to read as follows:
4423	4423	(i-1) The commissioner of higher education may by rule
4424	4424	require an institution of higher education to adopt uniform
4425	4425	standards for the placement of a student under this section.
4426	4426	(q-1) A student who has completed a recommended or advanced
4427	4427	high school program as determined under Section 28.025 and
4428	4428	demonstrated the performance standard for college readiness as
4429	4429	provided by Section 39.024 on the Algebra II and English III
4430	4430	end-of-course assessment instruments is exempt from the
4431	4431	requirements of this section with respect to those content areas.
4432	4432	The commissioner of higher education by rule shall establish the
4433	4433	period for which an exemption under this subsection is valid.
4434	4434	SECTION 62. Section 51.807, Education Code, as amended by
4435	4435	Chapters 941 (H.B. 3826) and 1369 (H.B. 3851), Acts of the 80th
4436	4436	Legislature, Regular Session, 2007, is reenacted to read as
4437	4437	follows:
4438	4438	Sec. 51.807. RULEMAKING. (a) The Texas Higher Education
4439	4439	Coordinating Board may adopt rules relating to the operation of
4440	4440	admissions programs under this subchapter, including rules
4441	4441	relating to the identification of eligible students.
4442	4442	(b) The Texas Higher Education Coordinating Board, after
4443	4443	consulting with the Texas Education Agency, by rule shall establish
4444	4444	standards for determining for purposes of this subchapter:
4445	4445	(1) whether a private high school is accredited by a
4446	4446	generally recognized accrediting organization; and
4447	4447	(2) whether a person completed a high school
4448	4448	curriculum that is equivalent in content and rigor to the
4449	4449	curriculum requirements established under Section 28.025 for the
4450	4450	recommended or advanced high school program.
4451	4451	SECTION 63. Chapter 61, Education Code, is amended by
4452	4452	adding Subchapter T-1 to read as follows:
4453	4453	SUBCHAPTER T-1. CAREER AND TECHNICAL EDUCATION
4454	4454	Sec. 61.861. DEVELOPMENT OF MATHEMATICS AND SCIENCE COURSES
4455	4455	FOR HIGH-DEMAND OCCUPATIONS. (a) The commissioner of higher
4456	4456	education and the commissioner of education, in consultation with
4457	4457	the comptroller and the Texas Workforce Commission, may award a
4458	4458	grant in an amount not to exceed $1 million to an institution of
4459	4459	higher education to develop advanced mathematics and science
4460	4460	courses to prepare high school students for employment in a
4461	4461	high-demand occupation. The commissioner of higher education, the
4462	4462	commissioner of education, the comptroller, and the Texas Workforce
4463	4463	Commission shall jointly determine what is considered a high-demand
4464	4464	occupation for purposes of this subchapter.
4465	4465	(b) An institution of higher education shall work in
4466	4466	partnership with at least one independent school district and a
4467	4467	business entity in developing a course for purposes of this
4468	4468	section.
4469	4469	(c) A course developed for purposes of this section must:
4470	4470	(1) provide content that enables a student to develop
4471	4471	the relevant and critical skills needed to be prepared for
4472	4472	employment or additional training in a high-demand occupation;
4473	4473	(2) incorporate college and career readiness skills as
4474	4474	part of the curriculum;
4475	4475	(3) be offered for dual credit; and
4476	4476	(4) satisfy a mathematics or science requirement under
4477	4477	the recommended or advanced high school program as determined under
4478	4478	Section 28.025.
4479	4479	(d) An institution of higher education shall periodically
4480	4480	review and revise the curriculum for a course developed for
4481	4481	purposes of this section to accommodate changes in industry
4482	4482	standards for the high-demand occupation.
4483	4483	Sec. 61.862. GRANT APPLICATION CRITERIA. The commissioner
4484	4484	of higher education and the commissioner of education, in
4485	4485	consultation with the comptroller and the Texas Workforce
4486	4486	Commission, shall establish application criteria for a grant under
4487	4487	this subchapter and in making an award shall give priority to
4488	4488	courses that:
4489	4489	(1) will prepare students for high-demand, high-wage,
4490	4490	and high-skill occupations and further postsecondary study;
4491	4491	(2) may be transferred as college credit to multiple
4492	4492	institutions of higher education; and
4493	4493	(3) are developed as part of a sequence of courses that
4494	4494	includes statewide availability of the instructional materials and
4495	4495	training for the courses at a nominal cost to public educational
4496	4496	institutions in this state.
4497	4497	Sec. 61.863. USE OF FUNDS. An institution of higher
4498	4498	education may use funds awarded under this section to develop, in
4499	4499	connection with a course described by Section 61.861:
4500	4500	(1) curriculum;
4501	4501	(2) assessments;
4502	4502	(3) instructional materials, including
4503	4503	technology-based supplemental materials; or
4504	4504	(4) professional development programs for secondary
4505	4505	grade-level teachers teaching a course described by Section 61.861.
4506	4506	Sec. 61.864. REVIEW OF COURSES. Courses for which a grant
4507	4507	is awarded under this subchapter shall be reviewed by the
4508	4508	commissioner of higher education and the commissioner of education,
4509	4509	in consultation with the comptroller and the Texas Workforce
4510	4510	Commission, once every four years to determine whether the course:
4511	4511	(1) is being used by public educational institutions
4512	4512	in this state;
4513	4513	(2) prepares high school students with the skills
4514	4514	necessary for employment in the high-demand occupation and further
4515	4515	postsecondary study; and
4516	4516	(3) satisfies a mathematics or science requirement for
4517	4517	the recommended or advanced high school program as determined under
4518	4518	Section 28.025.
4519	4519	Sec. 61.865. MATCHING CONTRIBUTION REQUIRED. An
4520	4520	institution of higher education awarded a grant under this
4521	4521	subchapter must obtain from one or more business entities in the
4522	4522	industry for which students taking courses developed under Section
4523	4523	61.861 are training, in a total amount equal to the amount of the
4524	4524	state grant:
4525	4525	(1) gifts, grants, or donations of funds; or
4526	4526	(2) contributions of property that may be used in
4527	4527	providing the courses.
4528	4528	Sec. 61.866. LIMITATION ON TOTAL AMOUNT OF GRANTS. In any
4529	4529	state fiscal biennium, the total amount of grants awarded under
4530	4530	this subchapter may not exceed $10 million.
4531	4531	Sec. 61.867. FUNDING OF GRANTS. The commissioner of higher
4532	4532	education shall administer this section using available
4533	4533	appropriations and gifts, grants, and donations made for the
4534	4534	purposes of this subchapter.
4535	4535	SECTION 64. Subtitle G, Title 3, Education Code, is amended
4536	4536	by adding Chapter 134 to read as follows:
4537	4537	CHAPTER 134. JOBS AND EDUCATION FOR TEXANS (JET) GRANT PROGRAM
4538	4538	Sec. 134.001. DEFINITIONS. In this chapter:
4539	4539	(1) "Nonprofit organization" means an organization
4540	4540	exempt from federal income taxation under Section 501(a), Internal
4541	4541	Revenue Code of 1986, as an organization described by Section
4542	4542	501(c)(3) of that code.
4543	4543	(2) "Public junior college" and "public technical
4544	4544	institute" have the meanings assigned by Section 61.003.
4545	4545	Sec. 134.002. JOBS AND EDUCATION FOR TEXANS (JET) FUND. (a)
4546	4546	The comptroller shall establish and administer the Jobs and
4547	4547	Education for Texans (JET) fund as a dedicated account in the
4548	4548	general revenue fund.
4549	4549	(b) The following amounts shall be deposited in the fund:
4550	4550	(1) any amounts appropriated by the legislature for
4551	4551	the fund for purposes of this chapter;
4552	4552	(2) interest earned on the investment of money in the
4553	4553	fund; and
4554	4554	(3) gifts, grants, and other donations received for
4555	4555	the fund.
4556	4556	Sec. 134.003. ADVISORY BOARD. (a) An advisory board of
4557	4557	education and workforce stakeholders is created to assist the
4558	4558	comptroller in administering this chapter.
4559	4559	(b) The advisory board is composed of seven members who
4560	4560	serve two-year terms and are appointed as follows:
4561	4561	(1) one member appointed by the governor;
4562	4562	(2) one member appointed by the lieutenant governor;
4563	4563	(3) one member appointed by the speaker of the house of
4564	4564	representatives;
4565	4565	(4) one member appointed by the Texas Higher Education
4566	4566	Coordinating Board;
4567	4567	(5) one member appointed by the Texas Workforce
4568	4568	Commission;
4569	4569	(6) one member of the public appointed by the
4570	4570	comptroller; and
4571	4571	(7) the comptroller, who serves as the presiding
4572	4572	officer.
4573	4573	(c) The advisory board shall meet at least once each quarter
4574	4574	to review received applications and recommend awarding grants under
4575	4575	this chapter.
4576	4576	Sec. 134.004. JOBS AND EDUCATION FOR TEXANS (JET) GRANT
4577	4577	PROGRAM. The comptroller shall establish and administer the Jobs
4578	4578	and Education for Texans (JET) Grant Program to provide grants to
4579	4579	public junior colleges, public technical institutes, and eligible
4580	4580	nonprofit organizations that apply to the advisory board in the
4581	4581	manner prescribed by the advisory board. The comptroller shall
4582	4582	award the grants on the advice and recommendations of the advisory
4583	4583	board. Grants may be awarded under this chapter from the Jobs and
4584	4584	Education for Texans (JET) fund for the following purposes:
4585	4585	(1) to develop, support, or expand programs of
4586	4586	nonprofit organizations that meet the requirements of Section
4587	4587	134.005 and that prepare low-income students for careers in
4588	4588	high-demand occupations;
4589	4589	(2) to defray the start-up costs associated with the
4590	4590	development of new career and technical education programs at
4591	4591	public junior colleges and public technical institutes that meet
4592	4592	the requirements of Section 134.006; and
4593	4593	(3) to provide scholarships for students in career and
4594	4594	technical education programs who meet the requirements of Section
4595	4595	134.007.
4596	4596	Sec. 134.005. GRANTS TO NONPROFIT ORGANIZATIONS FOR
4597	4597	INNOVATIVE AND SUCCESSFUL PROGRAMS. (a) The comptroller may award
4598	4598	a grant to a nonprofit organization eligible under Subsection (b)
4599	4599	for the development, support, or expansion of programs to prepare
4600	4600	low-income students for careers in high-demand occupations.
4601	4601	(b) To be eligible to receive a grant under this section, a
4602	4602	nonprofit organization must:
4603	4603	(1) provide a program to offer assistance to
4604	4604	low-income students in preparing for, applying to, and enrolling in
4605	4605	a public junior college or public technical institute;
4606	4606	(2) be governed by a board or other governing
4607	4607	structure that includes recognized leaders of broad-based
4608	4608	community organizations and members of the local business
4609	4609	community;
4610	4610	(3) demonstrate to the satisfaction of the advisory
4611	4611	board that the organization's program has achieved or will achieve
4612	4612	the following measures of success among program participants, to
4613	4613	the extent applicable to the type of program the organization
4614	4614	provides:
4615	4615	(A) above average completion of developmental
4616	4616	education among participating public junior college or public
4617	4617	technical institute students;
4618	4618	(B) above average persistence rates among
4619	4619	participating public junior college or public technical institute
4620	4620	students;
4621	4621	(C) above average certificate or degree
4622	4622	completion rates by participating students within a three-year
4623	4623	period compared to demographically comparable public junior
4624	4624	college and public technical institute students; and
4625	4625	(D) employment of participating students at an
4626	4626	average full-time starting wage that is equal to or greater than
4627	4627	the prevailing wage for the occupation entered; and
4628	4628	(4) provide matching funds in accordance with rules
4629	4629	adopted under Section 134.008.
4630	4630	(c) The matching funds required under Subsection (b)(4) may
4631	4631	be obtained from any source available to the nonprofit
4632	4632	organization, including in-kind contributions, community or
4633	4633	foundation grants, individual contributions, and local
4634	4634	governmental agency operating funds.
4635	4635	(d) Grants awarded under this section must be awarded in a
4636	4636	manner that takes a balanced geographical distribution into
4637	4637	consideration.
4638	4638	Sec. 134.006. GRANTS TO EDUCATIONAL INSTITUTIONS FOR CAREER
4639	4639	AND TECHNICAL EDUCATION PROGRAMS. (a) The comptroller may award a
4640	4640	grant for the development of new career and technical education
4641	4641	courses or programs at public junior colleges and public technical
4642	4642	institutes.
4643	4643	(b) A grant received under this section may be used only:
4644	4644	(1) to support courses or programs that prepare
4645	4645	students for career employment in occupations that are identified
4646	4646	by local businesses as being in high demand, including courses
4647	4647	offered for dual credit;
4648	4648	(2) to finance initial costs of career and technical
4649	4649	education course or program development, including the costs of
4650	4650	constructing or renovating facilities, purchasing equipment, and
4651	4651	other expenses associated with the development of a new course; and
4652	4652	(3) to finance a career and technical education course
4653	4653	or program that leads to a license, certificate, or postsecondary
4654	4654	degree.
4655	4655	(c) In awarding a grant under this section, the comptroller
4656	4656	shall primarily consider the potential economic returns to the
4657	4657	state from the development of the career and technical education
4658	4658	course or program. The comptroller may also consider whether the
4659	4659	course or program:
4660	4660	(1) is part of a new, emerging industry or high-demand
4661	4661	occupation;
4662	4662	(2) offers new or expanded dual credit career and
4663	4663	technical educational opportunities in public high schools; or
4664	4664	(3) is provided in cooperation with other public
4665	4665	junior colleges or public technical institutes across existing
4666	4666	service areas.
4667	4667	(d) To be eligible to receive a grant under this section, a
4668	4668	public junior college or public technical institute must provide
4669	4669	matching funds in accordance with rules adopted under Section
4670	4670	134.008. The matching funds may be obtained from any source
4671	4671	available to the junior college or technical institute, including
4672	4672	in-kind contributions, industry consortia, community or foundation
4673	4673	grants, individual contributions, and local governmental agency
4674	4674	operating funds.
4675	4675	Sec. 134.007. SCHOLARSHIPS. (a) The comptroller may award
4676	4676	a scholarship to a public junior college or public technical
4677	4677	institute student.
4678	4678	(b) To be eligible to receive a scholarship under this
4679	4679	section, a student must:
4680	4680	(1) demonstrate financial need; and
4681	4681	(2) be enrolled in a training program for a
4682	4682	high-demand occupation, as determined by the comptroller on the
4683	4683	recommendation of the advisory board.
4684	4684	Sec. 134.008. RULES. The comptroller shall adopt rules as
4685	4685	necessary for the administration of this chapter.
4686	4686	SECTION 65. Section 302.006(c), Labor Code, is amended to
4687	4687	read as follows:
4688	4688	(c) To be eligible to receive a scholarship awarded under
4689	4689	this section, a person must:
4690	4690	(1) be employed in a child-care facility, as defined
4691	4691	by Section 42.002, Human Resources Code;
4692	4692	(2) intend to obtain a credential, certificate, or
4693	4693	degree specified in Subsection (b);
4694	4694	(3) agree to work for at least 18 additional months in
4695	4695	a child-care facility, as defined by Section 42.002, Human
4696	4696	Resources Code, that accepts federal Child Care Development Fund
4697	4697	subsidies and that, at the time the person begins to fulfill the
4698	4698	work requirement imposed by this subdivision, is located:
4699	4699	(A) within the attendance zone of a public school
4700	4700	campus considered low-performing under Subchapter E, Chapter 39
4701	4701	[Section 39.132], Education Code; or
4702	4702	(B) in an economically disadvantaged community,
4703	4703	as determined by the commission; and
4704	4704	(4) satisfy any other requirements adopted by the
4705	4705	commission.
4706	4706	SECTION 66. The following sections of the Education Code
4707	4707	are repealed:
4708	4708	(1) Sections 39.034(e), (f), and (g); and
4709	4709	(2) Section 44.011.
4710	4710	SECTION 67. (a) Section 21.054(b), Education Code, is
4711	4711	repealed.
4712	4712	(b) This repeal applies beginning with the 2009-2010 school
4713	4713	year.
4714	4714	SECTION 68. (a) Not later than December 1, 2010, the Texas
4715	4715	Education Agency shall prepare and deliver to the governor, the
4716	4716	lieutenant governor, the speaker of the house of representatives,
4717	4717	each member of the legislature, the clerks of the standing
4718	4718	committees of the senate and the house of representatives with
4719	4719	primary jurisdiction over public education, and the Legislative
4720	4720	Budget Board a transition plan containing the information described
4721	4721	by Subsections (b) and (c) of this section.
4722	4722	(b) The transition plan referred to in Subsection (a) of
4723	4723	this section must contain a detailed description of the process the
4724	4724	commissioner of education will use to develop and implement this
4725	4725	Act, including:
4726	4726	(1) the timeline;
4727	4727	(2) the means by which public school educators who are
4728	4728	representative of this state and other stakeholders, including
4729	4729	parents of public primary and secondary school students, and
4730	4730	business and community leaders, will be included in the process to
4731	4731	develop and implement this Act, in accordance with Section
4732	4732	7.055(b)(11), Education Code;
4733	4733	(3) the resources required to implement this Act,
4734	4734	including resources that may be required by districts and campuses;
4735	4735	(4) the scope and sequence of tasks that must be
4736	4736	accomplished to implement this Act; and
4737	4737	(5) the use of the standard rulemaking process to
4738	4738	adopt any procedures necessary to implement this Act.
4739	4739	(c) Except as provided by this subsection, the transition
4740	4740	plan referred to in Subsection (a) of this section must provide for
4741	4741	the implementation during the 2011-2012 school year of changes made
4742	4742	by this Act to the accreditation and academic accountability
4743	4743	system. The assignment of accreditation statuses and any other
4744	4744	academic accountability designations under this Act must be
4745	4745	implemented beginning with the 2012-2013 school year.
4746	4746	(d) In conjunction with the transition plan prepared and
4747	4747	delivered under this section, the commissioner of education shall
4748	4748	provide for an equivalence of a performance rating, accreditation
4749	4749	status, distinction designation, or performance indicator, as
4750	4750	applicable, for each statutory performance rating or performance
4751	4751	indicator that is superseded by this Act.
4752	4752	SECTION 69. To the extent of any conflict, the reenactment
4753	4753	by this Act of Section 51.807, Education Code, prevails over
4754	4754	another Act of the 81st Legislature, Regular Session, 2009,
4755	4755	relating to nonsubstantive additions to and corrections in enacted
4756	4756	codes.
4757	4757	SECTION 70. Section 11.203(d), Education Code, as amended
4758	4758	by this Act, applies only to a principal employed at a school that
4759	4759	is rated academically unacceptable during the 2008-2009 school
4760	4760	year.
4761	4761	SECTION 71. (a) Except as provided by this section, this
4762	4762	Act applies beginning with the 2009-2010 school year.
4763	4763	(a-1) Section 28.002(c-1), Education Code, as added by this
4764	4764	Act, applies beginning with the 2010-2011 school year.
4765	4765	(b) Sections 39.023(e), Education Code, as amended by this
4766	4766	Act, and 39.053(g), Education Code, as added by this Act, apply
4767	4767	immediately.
4768	4768	(c) Except as provided by Subsection (b) of this section,
4769	4769	Subchapter C, Chapter 39, Education Code, as amended by this Act,
4770	4770	applies beginning with the 2011-2012 school year.
4771	4771	(d) Except as provided by Subsection (e) of this section,
4772	4772	Subchapter E, Chapter 39, Education Code, as amended by this Act,
4773	4773	applies as provided by the transition plan adopted by the
4774	4774	commissioner of education under Section 39.116, Education Code, as
4775	4775	added by this Act.
4776	4776	(e) Notwithstanding any other provision of this Act, the
4777	4777	commissioner of education may immediately apply any exceptions to
4778	4778	interventions and sanctions under Subchapter E, Chapter 39,
4779	4779	Education Code, as amended by this Act, to interventions and
4780	4780	sanctions under Subchapter G, Chapter 39, Education Code, as that
4781	4781	law existed prior to amendment by this Act.
4782	4782	SECTION 72. This Act takes effect immediately if it
4783	4783	receives a vote of two-thirds of all the members elected to each
4784	4784	house, as provided by Section 39, Article III, Texas Constitution.
4785	4785	If this Act does not receive the vote necessary for immediate
4786	4786	effect, this Act takes effect September 1, 2009.
4787	4787	______________________________ ______________________________
4788	4788	President of the Senate Speaker of the House
4789	4789	I certify that H.B. No. 3 was passed by the House on April 29,
4790	4790	2009, by the following vote: Yeas 146, Nays 0, 1 present, not
4791	4791	voting; that the House refused to concur in Senate amendments to
4792	4792	H.B. No. 3 on May 18, 2009, and requested the appointment of a
4793	4793	conference committee to consider the differences between the two
4794	4794	houses; that the House adopted the conference committee report on
4795	4795	H.B. No. 3 on May 31, 2009, by the following vote: Yeas 143, Nays
4796	4796	0, 2 present, not voting; and that the House adopted H.C.R. No. 283
4797	4797	authorizing certain corrections in H.B. No. 3 on June 1, 2009, by
4798	4798	the following vote: Yeas 146, Nays 0, 1 present, not voting.
4799	4799	______________________________
4800	4800	Chief Clerk of the House
4801	4801	I certify that H.B. No. 3 was passed by the Senate, with
4802	4802	amendments, on May 13, 2009, by the following vote: Yeas 31, Nays
4803	4803	0; at the request of the House, the Senate appointed a conference
4804	4804	committee to consider the differences between the two houses; that
4805	4805	the Senate adopted the conference committee report on H.B. No. 3 on
4806	4806	May 31, 2009, by the following vote: Yeas 31, Nays 0; and that the
4807	4807	Senate adopted H.C.R. No. 283 authorizing certain corrections in
4808	4808	H.B. No. 3 on June 1, 2009, by the following vote: Yeas 31, Nays 0.
4809	4809	______________________________
4810	4810	Secretary of the Senate
4811	4811	APPROVED: __________________
4812	4812	Date
4813	4813	__________________
4814	4814	Governor