H.B. No. 3
AN ACT
relating to public school accountability, curriculum, and
promotion requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.009, Education Code, is amended to
read as follows:
Sec. 7.009. BEST PRACTICES; CLEARINGHOUSE. (a) In
coordination with the Legislative Budget Board, the agency shall
establish an online clearinghouse of information relating to best
practices of campuses, [and] school districts, and open-enrollment
charter schools. The agency shall determine the appropriate topic
categories for which a campus, district, or charter school may
submit best [regarding instruction, dropout prevention, public
school finance, resource allocation, and business] practices. To
the extent practicable, the agency shall ensure that information
provided through the online clearinghouse is specific, actionable
information relating to the best practices of high-performing and
highly efficient campuses, [and school] districts, and
open-enrollment charter schools and of academically acceptable
campuses, districts, and open-enrollment charter schools that have
demonstrated significant improvement in student achievement rather
than general guidelines relating to campus, [and school] district,
and open-enrollment charter school operation. The information must
be accessible by campuses, school districts, open-enrollment
charter schools, and interested members of the public.
(b) The agency shall solicit and collect from the
Legislative Budget Board, centers for education research
established under Section 1.005, and [exemplary or recognized]
school districts, campuses, and open-enrollment charter schools[,
as rated under Section 39.072,] examples of best practices as
determined by the agency under Subsection (a) [relating to
instruction, dropout prevention, public school finance, resource
allocation, and business practices, including best practices
relating to curriculum, scope and sequence, compensation and
incentive systems, bilingual education and special language
programs, compensatory education programs, and the effective use of
instructional technology, including online courses].
(c) The agency shall contract for the services of one or
more third-party contractors to develop, implement, and maintain a
system of collecting and evaluating the best practices of campuses,
[and] school districts, and open-enrollment charter schools as
provided by this section. In addition to any other considerations
required by law, the agency must consider an applicant's
demonstrated competence and qualifications in analyzing campus,
[and] school district, and open-enrollment charter school
practices in awarding a contract under this subsection.
(d) The commissioner may purchase from available funds
curriculum and other instructional tools identified under this
section to provide for use by school districts and open-enrollment
charter schools.
SECTION 2. Section 7.028(a), Education Code, is amended to
read as follows:
(a) Except as provided by Section 29.001(5), 29.010(a),
39.056 [39.074], or 39.057 [39.075], the agency may monitor
compliance with requirements applicable to a process or program
provided by a school district, campus, program, or school granted
charters under Chapter 12, including the process described by
Subchapter F, Chapter 11, or a program described by Subchapter B, C,
D, E, F, H, or I, Chapter 29, Subchapter A, Chapter 37, or Section
38.003, and the use of funds provided for such a program under
Subchapter C, Chapter 42, only as necessary to ensure:
(1) compliance with federal law and regulations;
(2) financial accountability, including compliance
with grant requirements; and
(3) data integrity for purposes of:
(A) the Public Education Information Management
System (PEIMS); and
(B) accountability under Chapter 39.
SECTION 3. Sections 7.056(e) and (f), Education Code, are
amended to read as follows:
(e) Except as provided by Subsection (f), a school campus or
district may not receive an exemption or waiver under this section
from:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) a requirement imposed by federal law or rule,
including a requirement for special education or bilingual
education programs; or
(3) a requirement, restriction, or prohibition
relating to:
(A) essential knowledge or skills under Section
28.002 or high school [minimum] graduation requirements under
Section 28.025;
(B) public school accountability as provided by
Subchapters B, C, D, E, and J [G], Chapter 39;
(C) extracurricular activities under Section
33.081 or participation in a University Interscholastic League
area, regional, or state competition under Section 33.0812;
(D) health and safety under Chapter 38;
(E) purchasing under Subchapter B, Chapter 44;
(F) elementary school class size limits, except
as provided by Section 25.112;
(G) removal of a disruptive student from the
classroom under Subchapter A, Chapter 37;
(H) at-risk programs under Subchapter C, Chapter
29;
(I) prekindergarten programs under Subchapter E,
Chapter 29;
(J) educator rights and benefits under
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
A, Chapter 22;
(K) special education programs under Subchapter
A, Chapter 29;
(L) bilingual education programs under
Subchapter B, Chapter 29; or
(M) the requirements for the first day of
instruction under Section 25.0811.
(f) A school district or campus that is required to develop
and implement a student achievement improvement plan under Section
39.102 [39.131] or 39.103 [39.132] may receive an exemption or
waiver under this section from any law or rule other than:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) a requirement imposed by federal law or rule;
(3) a requirement, restriction, or prohibition
imposed by state law or rule relating to:
(A) public school accountability as provided by
Subchapters B, C, D, E, and J [G], Chapter 39; or
(B) educator rights and benefits under
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
A, Chapter 22; or
(4) textbook selection under Chapter 31.
SECTION 4. Sections 8.051(b) and (d), Education Code, are
amended to read as follows:
(b) Each regional education service center shall annually
develop and submit to the commissioner for approval a plan for
improvement. Each plan must include the purposes and description
of the services the center will provide to:
(1) campuses assigned an [identified as academically]
unacceptable performance rating [based on the indicators adopted]
under Section 39.054 [39.051];
(2) the lowest-performing campuses in the region; and
(3) other campuses.
(d) Each regional education service center shall maintain
core services for purchase by school districts and campuses. The
core services are:
(1) training and assistance in teaching each subject
area assessed under Section 39.023;
(2) training and assistance in providing each program
that qualifies for a funding allotment under Section 42.151,
42.152, 42.153, or 42.156;
(3) assistance specifically designed for a school
district or campus assigned an [rated academically] unacceptable
performance rating under Section 39.054 [39.072(a) or a campus
whose performance is considered unacceptable based on the
indicators adopted under Section 39.051];
(4) training and assistance to teachers,
administrators, members of district boards of trustees, and members
of site-based decision-making committees;
(5) assistance specifically designed for a school
district that is considered out of compliance with state or federal
special education requirements, based on the agency's most recent
compliance review of the district's special education programs; and
(6) assistance in complying with state laws and rules.
SECTION 5. Section 11.001, Education Code, is amended to
read as follows:
Sec. 11.001. ACCREDITATION. Each school district must be
accredited by the agency as provided by Subchapter C [D], Chapter
39.
SECTION 6. Section 11.003(d), Education Code, is amended to
read as follows:
(d) The commissioner may require a district to enter into a
cooperative shared services arrangement for administrative
services if the commissioner determines:
(1) that the district has failed to satisfy a
financial accountability standard as determined by commissioner
rule under Subchapter D [I], Chapter 39; and
(2) that entering into a cooperative shared services
arrangement would:
(A) enable the district to enhance its
performance on the financial accountability standard identified
under Subdivision (1); and
(B) promote the efficient operation of the
district.
SECTION 7. Section 11.1511(b), Education Code, is amended
to read as follows:
(b) The board shall:
(1) seek to establish working relationships with other
public entities to make effective use of community resources and to
serve the needs of public school students in the community;
(2) adopt a vision statement and comprehensive goals
for the district and the superintendent and monitor progress toward
those goals;
(3) establish performance goals for the district
concerning:
(A) the academic and fiscal performance
indicators under Subchapters C, D, and J [I], Chapter 39[,
respectively]; and
(B) any performance indicators adopted by the
district;
(4) ensure that the superintendent:
(A) is accountable for achieving performance
results;
(B) recognizes performance accomplishments; and
(C) takes action as necessary to meet performance
goals;
(5) adopt a policy to establish a district- and
campus-level planning and decision-making process as required
under Section 11.251;
(6) publish an annual educational performance report
as required under Section 39.306 [39.053];
(7) adopt an annual budget for the district as
required under Section 44.004;
(8) adopt a tax rate each fiscal year as required under
Section 26.05, Tax Code;
(9) monitor district finances to ensure that the
superintendent is properly maintaining the district's financial
procedures and records;
(10) ensure that district fiscal accounts are audited
annually as required under Section 44.008;
(11) publish an end-of-year financial report for
distribution to the community;
(12) conduct elections as required by law;
(13) by rule, adopt a process through which district
personnel, students or the parents or guardians of students, and
members of the public may obtain a hearing from the district
administrators and the board regarding a complaint;
(14) make decisions relating to terminating the
employment of district employees employed under a contract to which
Chapter 21 applies, including terminating or not renewing an
employment contract to which that chapter applies; and
(15) carry out other powers and duties as provided by
this code or other law.
SECTION 8. Section 11.201(d), Education Code, is amended to
read as follows:
(d) The duties of the superintendent include:
(1) assuming administrative responsibility and
leadership for the planning, organization, operation, supervision,
and evaluation of the education programs, services, and facilities
of the district and for the annual performance appraisal of the
district's staff;
(2) except as provided by Section 11.202, assuming
administrative authority and responsibility for the assignment,
supervision, and evaluation of all personnel of the district other
than the superintendent;
(3) overseeing compliance with the standards for
school facilities established by the commissioner under Section
46.008;
(4) initiating the termination or suspension of an
employee or the nonrenewal of an employee's term contract;
(5) managing the day-to-day operations of the district
as its administrative manager, including implementing and
monitoring plans, procedures, programs, and systems to achieve
clearly defined and desired results in major areas of district
operations;
(6) preparing and submitting to the board of trustees
a proposed budget as provided by Section 44.002 and rules adopted
under that section, and administering the budget;
(7) preparing recommendations for policies to be
adopted by the board of trustees and overseeing the implementation
of adopted policies;
(8) developing or causing to be developed appropriate
administrative regulations to implement policies established by
the board of trustees;
(9) providing leadership for the attainment and, if
necessary, improvement of student performance in the district based
on the indicators adopted under Sections 39.053 and 39.301 [Section
39.051] and other indicators adopted by the commissioner [State
Board of Education] or the district's board of trustees;
(10) organizing the district's central
administration;
(11) consulting with the district-level committee as
required under Section 11.252(f);
(12) ensuring:
(A) adoption of a student code of conduct as
required under Section 37.001 and enforcement of that code of
conduct; and
(B) adoption and enforcement of other student
disciplinary rules and procedures as necessary;
(13) submitting reports as required by state or
federal law, rule, or regulation;
(14) providing joint leadership with the board of
trustees to ensure that the responsibilities of the board and
superintendent team are carried out; and
(15) performing any other duties assigned by action of
the board of trustees.
SECTION 9. Section 11.203(d), Education Code, is amended to
read as follows:
(d) A principal who was employed as a principal at a campus
that was [of a campus] rated academically unacceptable during the
preceding school year [, as well as any person employed to replace
that principal,] shall participate in the program and complete the
program requirements not later than a date determined by the
commissioner.
SECTION 10. Section 11.252(a), Education Code, is amended
to read as follows:
(a) Each school district shall have a district improvement
plan that is developed, evaluated, and revised annually, in
accordance with district policy, by the superintendent with the
assistance of the district-level committee established under
Section 11.251. The purpose of the district improvement plan is to
guide district and campus staff in the improvement of student
performance for all student groups in order to attain state
standards in respect to the student achievement [academic
excellence] indicators adopted under Section 39.053 [39.051]. The
district improvement plan must include provisions for:
(1) a comprehensive needs assessment addressing
district student performance on the student achievement [academic
excellence] indicators, and other appropriate measures of
performance, that are disaggregated by all student groups served by
the district, including categories of ethnicity, socioeconomic
status, sex, and populations served by special programs, including
students in special education programs under Subchapter A, Chapter
29;
(2) measurable district performance objectives for
all appropriate student achievement [academic excellence]
indicators for all student populations, including students in
special education programs under Subchapter A, Chapter 29, and
other measures of student performance that may be identified
through the comprehensive needs assessment;
(3) strategies for improvement of student performance
that include:
(A) instructional methods for addressing the
needs of student groups not achieving their full potential;
(B) methods for addressing the needs of students
for special programs, such as suicide prevention, conflict
resolution, violence prevention, or dyslexia treatment programs;
(C) dropout reduction;
(D) integration of technology in instructional
and administrative programs;
(E) discipline management;
(F) staff development for professional staff of
the district;
(G) career education to assist students in
developing the knowledge, skills, and competencies necessary for a
broad range of career opportunities; and
(H) accelerated education;
(4) strategies for providing to middle school, junior
high school, and high school students, those students' teachers and
counselors, and those students' parents information about:
(A) higher education admissions and financial
aid opportunities;
(B) the TEXAS grant program and the Teach for
Texas grant program established under Chapter 56;
(C) the need for students to make informed
curriculum choices to be prepared for success beyond high school;
and
(D) sources of information on higher education
admissions and financial aid;
(5) resources needed to implement identified
strategies;
(6) staff responsible for ensuring the accomplishment
of each strategy;
(7) timelines for ongoing monitoring of the
implementation of each improvement strategy; and
(8) formative evaluation criteria for determining
periodically whether strategies are resulting in intended
improvement of student performance.
SECTION 11. Sections 11.253(c) and (d), Education Code, are
amended to read as follows:
(c) Each school year, the principal of each school campus,
with the assistance of the campus-level committee, shall develop,
review, and revise the campus improvement plan for the purpose of
improving student performance for all student populations,
including students in special education programs under Subchapter
A, Chapter 29, with respect to the student achievement [academic
excellence] indicators adopted under Section 39.053 [39.051] and
any other appropriate performance measures for special needs
populations.
(d) Each campus improvement plan must:
(1) assess the academic achievement for each student
in the school using the student achievement [academic excellence]
indicator system as described by Section 39.053 [39.051];
(2) set the campus performance objectives based on the
student achievement [academic excellence] indicator system,
including objectives for special needs populations, including
students in special education programs under Subchapter A, Chapter
29;
(3) identify how the campus goals will be met for each
student;
(4) determine the resources needed to implement the
plan;
(5) identify staff needed to implement the plan;
(6) set timelines for reaching the goals;
(7) measure progress toward the performance
objectives periodically to ensure that the plan is resulting in
academic improvement;
(8) include goals and methods for violence prevention
and intervention on campus; and
(9) provide for a program to encourage parental
involvement at the campus.
SECTION 12. Section 11.255(a), Education Code, is amended
to read as follows:
(a) Each district-level planning and decision-making
committee and each campus-level planning and decision-making
committee for a junior, middle, or high school campus shall analyze
information related to dropout prevention, including:
(1) the results of the audit of dropout records
required by Section 39.308 [39.055];
(2) campus information related to graduation rates,
dropout rates, high school equivalency certificate rates, and the
percentage of students who remain in high school more than four
years after entering grade level 9;
(3) the number of students who enter a high school
equivalency certificate program and:
(A) do not complete the program;
(B) complete the program but do not take the high
school equivalency examination; or
(C) complete the program and take the high school
equivalency examination but do not obtain a high school equivalency
certificate;
(4) for students enrolled in grade levels 9 and 10,
information related to academic credit hours earned, retention
rates, and placements in alternative education programs and
expulsions under Chapter 37; and
(5) the results of an evaluation of each school-based
dropout prevention program in the district.
SECTION 13. Section 12.013(b), Education Code, is amended
to read as follows:
(b) A home-rule school district is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) a provision of this title relating to limitations
on liability; and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) educator certification under Chapter 21 and
educator rights under Sections 21.407, 21.408, and 22.001;
(C) criminal history records under Subchapter C,
Chapter 22;
(D) student admissions under Section 25.001;
(E) school attendance under Sections 25.085,
25.086, and 25.087;
(F) inter-district or inter-county transfers of
students under Subchapter B, Chapter 25;
(G) elementary class size limits under Section
25.112, in the case of any campus in the district that fails to
satisfy any standard [is considered academically unacceptable]
under Section 39.054(d) [39.132];
(H) high school graduation under Section 28.025;
(I) special education programs under Subchapter
A, Chapter 29;
(J) bilingual education under Subchapter B,
Chapter 29;
(K) prekindergarten programs under Subchapter E,
Chapter 29;
(L) safety provisions relating to the
transportation of students under Sections 34.002, 34.003, 34.004,
and 34.008;
(M) computation and distribution of state aid
under Chapters 31, 42, and 43;
(N) extracurricular activities under Section
33.081;
(O) health and safety under Chapter 38;
(P) public school accountability under
Subchapters B, C, D, E, and J [G], Chapter 39;
(Q) equalized wealth under Chapter 41;
(R) a bond or other obligation or tax rate under
Chapters 42, 43, and 45; and
(S) purchasing under Chapter 44.
SECTION 14. Section 12.056(b), Education Code, is amended
to read as follows:
(b) A campus or program for which a charter is granted under
this subchapter is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) high school graduation under Section 28.025;
(D) special education programs under Subchapter
A, Chapter 29;
(E) bilingual education under Subchapter B,
Chapter 29;
(F) prekindergarten programs under Subchapter E,
Chapter 29;
(G) extracurricular activities under Section
33.081;
(H) health and safety under Chapter 38; and
(I) public school accountability under
Subchapters B, C, E [D], and J [G], Chapter 39.
SECTION 15. Section 12.1012(5), Education Code, is amended
to read as follows:
(5) "Management services" means services related to
the management or operation of an open-enrollment charter school,
including:
(A) planning, operating, supervising, and
evaluating the school's educational programs, services, and
facilities;
(B) making recommendations to the governing body
of the school relating to the selection of school personnel;
(C) managing the school's day-to-day operations
as its administrative manager;
(D) preparing and submitting to the governing
body of the school a proposed budget;
(E) recommending policies to be adopted by the
governing body of the school, developing appropriate procedures to
implement policies adopted by the governing body of the school, and
overseeing the implementation of adopted policies; and
(F) providing leadership for the attainment of
student performance at the school based on the indicators adopted
under Sections 39.053 and 39.301 [Section 39.051] or by the
governing body of the school.
SECTION 16. Section 12.104(b), Education Code, is amended
to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) [satisfactory performance on assessment
instruments and to] accelerated instruction under Section 28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E,
Chapter 29;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, E, and J [G], Chapter 39;
(M) the requirement under Section 21.006 to
report an educator's misconduct; and
(N) intensive programs of instruction under
Section 28.0213.
SECTION 17. Section 12.1054(a), Education Code, is amended
to read as follows:
(a) A member of the governing body of a charter holder, a
member of the governing body of an open-enrollment charter school,
or an officer of an open-enrollment charter school is considered to
be a local public official for purposes of Chapter 171, Local
Government Code. For purposes of that chapter:
(1) a member of the governing body of a charter holder
or a member of the governing body or officer of an open-enrollment
charter school is considered to have a substantial interest in a
business entity if a person related to the member or officer in the
third degree by consanguinity or affinity, as determined under
Chapter 573, Government Code, has a substantial interest in the
business entity under Section 171.002, Local Government Code;
(2) notwithstanding any provision of Section
12.1054(1), an employee of an open-enrollment charter school rated
[as academically] acceptable or higher under Section 39.054
[Chapter 39] for at least two of the preceding three school years
may serve as a member of the governing body of the charter holder of
the governing body of the school if the employees do not constitute
a quorum of the governing body or any committee of the governing
body; however, all members shall comply with the requirements of
Sections 171.003-171.007, Local Government Code.
SECTION 18. Section 12.1055(b), Education Code, is amended
to read as follows:
(b) Notwithstanding Subsection (a), if an open-enrollment
charter school is rated [academically] acceptable or higher under
Section 39.054 [Chapter 39] for at least two of the preceding three
school years, then Chapter 573, Government Code, does not apply to
that school; however, a member of the governing body of a charter
holder or a member of the governing body or officer of an
open-enrollment charter school shall comply with the requirements
of Sections 171.003-171.007, Local Government Code, with respect to
a personnel matter concerning a person related to the member or
officer within the degree specified by Section 573.002, Government
Code, as if the personnel matter were a transaction with a business
entity subject to those sections, and persons defined under
Sections 573.021-573.025, Government Code, shall not constitute a
quorum of the governing body or any committee of the governing body.
SECTION 19. Section 12.1162(a), Education Code, is amended
to read as follows:
(a) The commissioner shall take any of the actions described
by Subsection (b) or by Section 39.102(a) [39.131(a)], to the
extent the commissioner determines necessary, if an
open-enrollment charter school, as determined by a report issued
under Section 39.058(b) [39.076(b)]:
(1) commits a material violation of the school's
charter;
(2) fails to satisfy generally accepted accounting
standards of fiscal management; or
(3) fails to comply with this subchapter or another
applicable rule or law.
SECTION 20. Section 18.006(a), Education Code, is amended
to read as follows:
(a) The commissioner shall develop and implement a system of
accountability consistent with Chapter 39, where appropriate, to be
used in assigning an annual performance rating to Job Corps diploma
programs comparable to the ratings assigned to school districts
under Section 39.054 [39.072]. The commissioner may develop and
implement a system of distinction designations consistent with
Subchapter G, Chapter 39, where appropriate, to be used in
assigning distinction designations to Job Corps diploma programs
comparable to the distinction designations assigned to campuses
under Subchapter G, Chapter 39.
SECTION 21. Section 21.354(e), Education Code, is amended
to read as follows:
(e) The appraisal of a principal shall include
consideration of the performance of a principal's campus on the
student achievement indicators established under Section 39.053
[39.051] and the campus's objectives established under Section
11.253, including performance gains of the campus and the
maintenance of those gains.
SECTION 22. Section 21.357(c), Education Code, is amended
to read as follows:
(c) A performance incentive awarded to a principal under
this section must be distributed to the principal's school and used
in the manner determined by the campus-level committee established
under Section 11.253 in accordance with the requirements of Section
39.264(a) [39.094(a)].
SECTION 23. Section 21.4541(b), Education Code, is amended
to read as follows:
(b) A school district or campus is eligible to participate
in the pilot program under this section if the district or campus
meets the eligibility criteria established as provided by Section
39.408 [39.358].
SECTION 24. Section 21.4551(c), Education Code, is amended
to read as follows:
(c) The commissioner by rule shall require a teacher to
attend a reading academy if the teacher provides instruction in
reading, mathematics, science, or social studies to students at the
sixth, seventh, or eighth grade level at a campus that fails to
satisfy any standard [is considered academically unacceptable]
under Section 39.054(d) [39.132] on the basis of student
performance on the reading assessment instrument administered
under Section 39.023(a) to students in any grade level at the
campus.
SECTION 25. Section 28.002, Education Code, is amended by
adding Subsections (c-1), (d), and (q) to read as follows:
(c-1) The State Board of Education shall adopt rules
requiring students enrolled in grade levels six, seven, and eight
to complete at least one fine arts course during those grade levels
as part of a district's fine arts curriculum.
(d) Each time the Texas Higher Education Coordinating Board
revises the Internet database of the coordinating board's official
statewide inventory of workforce education courses, the State Board
of Education shall by rule revise the essential knowledge and
skills of any corresponding career and technology education
curriculum as provided by Subsection (c).
(q) Notwithstanding any other provision of this title, a
school district may not vary the curriculum for a course in the
required curriculum under Subsection (a) based on whether a student
is enrolled in the minimum, recognized, or advanced high school
program.
SECTION 26. Section 28.006(j), Education Code, is amended
to read as follows:
(j) No more than 15 percent of the funds certified by the
commissioner under Subsection (i) may be spent on indirect costs.
The commissioner shall evaluate the programs that fail to meet the
standard of performance under Section 39.301(c)(5) [39.051(b)(8)]
and may implement interventions or sanctions under Subchapter E
[G], Chapter 39. The commissioner may audit the expenditures of
funds appropriated for purposes of this section. The use of the
funds appropriated for purposes of this section shall be verified
as part of the district audit under Section 44.008.
SECTION 27. Section 28.014(d), Education Code, is amended
to read as follows:
(d) The agency, in coordination with the Texas Higher
Education Coordinating Board, shall adopt a series of questions to
be included in an end-of-course assessment instrument administered
under Subsection (c) to be used for purposes of Section 51.3062.
The questions must be developed in a manner consistent with any
college readiness standards adopted under Sections 39.233 [39.113]
and 51.3062. [A student's performance on a question adopted under
this subsection may not be used to determine the student's
performance on an end-of-course assessment instrument.]
SECTION 28. Section 28.021, Education Code, is amended by
adding Subsections (c), (d), and (e) to read as follows:
(c) In determining promotion under Subsection (a), a school
district shall consider:
(1) the recommendation of the student's teacher;
(2) the student's grade in each subject or course;
(3) the student's score on an assessment instrument
administered under Section 39.023(a), (b), or (l); and
(4) any other necessary academic information, as
determined by the district.
(d) By the start of the school year, a district shall make
public the requirements for student advancement under this section.
(e) The commissioner shall provide guidelines to districts
based on best practices that a district may use when considering
factors for promotion.
SECTION 29. Section 28.0211, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
and (n) to read as follows:
(a) Except as provided by Subsection (b) or (e), a student
may not be promoted to:
(1) [the fourth grade program to which the student
would otherwise be assigned if the student does not perform
satisfactorily on the third grade reading assessment instrument
under Section 39.023;
[(2)] the sixth grade program to which the student
would otherwise be assigned if the student does not perform
satisfactorily on the fifth grade mathematics and reading
assessment instruments under Section 39.023; or
(2) [(3)] the ninth grade program to which the student
would otherwise be assigned if the student does not perform
satisfactorily on the eighth grade mathematics and reading
assessment instruments under Section 39.023.
(a-1) Each time a student fails to perform satisfactorily on
an assessment instrument administered under Section 39.023(a) in
the third, fourth, fifth, sixth, seventh, or eighth grade, the
school district in which the student attends school shall provide
to the student accelerated instruction in the applicable subject
area. Accelerated instruction may require participation of the
student before or after normal school hours and may include
participation at times of the year outside normal school
operations.
(a-2) A student who fails to perform satisfactorily on an
assessment instrument specified under Subsection (a) and who is
promoted to the next grade level must complete accelerated
instruction required under Subsection (a-1) before placement in the
next grade level. A student who fails to complete required
accelerated instruction may not be promoted.
(a-3) The commissioner shall provide guidelines to
districts on research-based best practices and effective
strategies that a district may use in developing an accelerated
instruction program.
(n) A student who is promoted by a grade placement committee
under this section must be assigned in each subject in which the
student failed to perform satisfactorily on an assessment
instrument specified under Subsection (a) to a teacher who meets
all state and federal qualifications to teach that subject and
grade.
SECTION 30. Section 28.025, Education Code, is amended by
amending Subsections (a), (b), and (b-1) and adding Subsections
(b-3) through (b-10) to read as follows:
(a) The State Board of Education by rule shall determine
curriculum requirements for the minimum, recommended, and advanced
high school programs that are consistent with the required
curriculum under Section 28.002. Subject to Subsection (b-1), the
State Board of Education shall designate the specific courses in
the foundation curriculum required for a student participating in
the minimum, recommended, or advanced high school program. Except
as provided by Subsection (b-1), the State Board of Education may
not designate a specific course or a specific number of credits in
the enrichment curriculum as requirements for the recommended
program.
(b) A school district shall ensure that each student enrolls
in the courses necessary to complete the curriculum requirements
identified by the State Board of Education under Subsection (a) for
the recommended or advanced high school program unless the student,
the student's parent or other person standing in parental relation
to the student, and a school counselor or school administrator
agree in writing signed by each party that the student should be
permitted to take courses under the minimum high school program and
the student:
(1) is at least 16 years of age;
(2) has completed two credits required for graduation
in each subject of the foundation curriculum under Section
28.002(a)(1); or
(3) has failed to be promoted to the tenth grade one or
more times as determined by the school district.
(b-1) The State Board of Education by rule shall require
that:
(1) except as provided by Subsection (b-2), the
curriculum requirements for the recommended and advanced high
school programs under Subsection (a) include a requirement that
students successfully complete:
(A) four credits [courses] in each subject of the
foundation curriculum under Section 28.002(a)(1), including at
least one-half credit in government and at least one-half credit in
economics to meet the social studies requirement;
(B) for the recommended high school program, two
credits in the same language in a language other than English under
Section 28.002(a)(2)(A) and, for the advanced high school program,
three credits in the same language in a language other than English
under Section 28.002(a)(2)(A); and
(C) for the recommended high school program, six
elective credits and, for the advanced high school program, five
elective credits; [and]
(2) one or more credits [courses] offered in the
required curriculum for the recommended and advanced high school
programs include a research writing component; and
(3) the curriculum requirements for the minimum,
recommended, and advanced high school programs under Subsection (a)
include a requirement that students successfully complete:
(A) one credit in fine arts under Section
28.002(a)(2)(D); and
(B) one credit in physical education under
Section 28.002(a)(2)(C).
(b-3) In adopting rules to provide students with the option
described by Subsection (b-1)(1)(A), the State Board of Education
must approve a variety of mathematics and science courses that may
be taken after the completion of Algebra II and physics to comply
with the recommended program requirements.
(b-4) A school district may offer the curriculum described
in Subsection (b-1)(1)(A) in an applied manner. Courses delivered
in an applied manner must cover the essential knowledge and skills,
and the student shall be administered the applicable end-of-course
assessment instrument as provided by Sections 39.023(c) and 39.025.
(b-5) A school district may offer a mathematics or science
course to be taken by a student after completion of Algebra II and
physics to comply with the recommended program requirements in
Subsection (b-1)(1)(A). A course approved under this subsection
must be endorsed by an institution of higher education as a course
for which the institution would award course credit or as a
prerequisite for a course for which the institution would award
course credit.
(b-6) Before a student's parent or other person standing in
parental relation to the student may agree that the student be
permitted to take courses under the minimum high school program as
provided by Subsection (b), a school district must provide written
notice to the parent or person standing in parental relation
explaining the benefits of the recommended high school program.
The notice shall be developed by the agency and must:
(1) be printed in English and Spanish; and
(2) require that the student's parent or person
standing in parental relation to the student sign a confirmation of
receipt and return the confirmation to the student's campus.
(b-7) The State Board of Education, in coordination with the
Texas Higher Education Coordinating Board, shall adopt rules to
ensure that a student may comply with the curriculum requirements
under the minimum, recommended, or advanced high school program for
each subject of the foundation curriculum under Section
28.002(a)(1) and for languages other than English under Section
28.002(a)(2)(A) by successfully completing appropriate courses in
the core curriculum of an institution of higher education under
Section 61.822.
(b-8) A student agreeing to take courses under the minimum
high school program as provided by Subsection (b) may, upon
request, resume taking courses under the recommended high school
program.
(b-9) The agency shall establish a pilot program allowing a
student attending school in a county with a population of more than
one million and in which more than 80 percent of the population
resides in a single municipality to satisfy the fine arts credit
required under Subsection (b-1)(3)(A) by participating in a fine
arts program not provided by the school district in which the
student is enrolled. The fine arts program may be provided on or
off a school campus and outside the regular school day. Not later
than December 1, 2010, the agency shall provide to the legislature a
report regarding the pilot program, including the feasibility of
expanding the pilot program statewide.
(b-10) A school district, with the approval of the
commissioner, may allow a student to comply with the curriculum
requirements for the physical education credit required under
Subsection (b-1)(3)(B) by participating in a private or
commercially sponsored physical activity program provided on or off
a school campus and outside the regular school day.
SECTION 31. Section 28.0252(b), Education Code, is amended
to read as follows:
(b) If the commissioner develops a standard method under
this section, a school district shall use the standard method to
compute a student's high school grade point average[, except that
to the extent of a conflict between that method and the method
adopted under Section 51.807, the student's grade point average
computed in accordance with the method established under Section
51.807 shall be used in determining the student's eligibility for
university admission under Subchapter U, Chapter 51].
SECTION 32. Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.0253 to read as follows:
Sec. 28.0253. PILOT PROGRAM: HIGH SCHOOL DIPLOMAS FOR
STUDENTS WHO DEMONSTRATE EARLY READINESS FOR COLLEGE. (a) In this
section:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003.
(2) "Research university" means an institution of
higher education that is designated as a research university under
the Texas Higher Education Coordinating Board's accountability
system.
(b) A research university that chooses to participate in the
pilot program shall:
(1) not later than September 1 of each year, make
available on the university's Internet website detailed standards
for use in the program regarding:
(A) the specific competencies that demonstrate a
student's mastery of each subject area for which the Texas Higher
Education Coordinating Board and the commissioner have adopted
college readiness standards;
(B) the specific competencies that demonstrate a
student's mastery of a language other than English; and
(C) acceptable assessments or other means by
which a student may demonstrate the student's early readiness for
college with respect to each subject area and the language
described by this subdivision, subject to Subsection (c);
(2) partner with at least 10 school districts that
reflect the geographic diversity of this state and the student
compositions of which reflect the socioeconomic diversity of this
state; and
(3) assist school administrators, school counselors,
and other educators in each of those school districts in designing
the specific requirements of and implementing the program in the
district.
(c) The assessments or other means filed by a research
university under Subsection (b)(1)(C) must be equivalent to the
assessments or other means the university uses to place students at
the university in courses that may be credited toward a degree
requirement.
(d) A research university that partners with a school
district under this section shall enter into an agreement with the
district under which the university and district agree that the
district will assess a student's mastery of the subject areas
described by Subsection (b)(1) and a language other than English in
accordance with the standards the university filed under Subsection
(b)(1). The district may issue a high school diploma to a student
under the program if, using the standards, the student demonstrates
mastery of and early readiness for college in each of those subject
areas and in a language other than English, notwithstanding any
other local or state requirements.
(e) A student who receives a high school diploma through the
pilot program is considered to have completed the recommended high
school program adopted under Section 28.025(a). The student is not
guaranteed admission to any institution of higher education or to
any academic program at an institution of higher education solely
on the basis of having received the diploma through the program.
(f) A research university that participates in the pilot
program shall enter into an agreement with an education research
center established under Section 1.005 to conduct an evaluation of
the program with respect to that university and the school
districts with which the university partners. Not later than
January 1, 2013, the education research center shall provide a
written report of the evaluation to the commissioner and the
commissioner of higher education and make the report available on
the center's Internet website. The report may include an analysis
of the effects of the program on the university's admissions review
process.
SECTION 33. Section 29.062(a), Education Code, is amended
to read as follows:
(a) The legislature recognizes that compliance with this
subchapter is an imperative public necessity. Therefore, in
accordance with the policy of the state, the agency shall evaluate
the effectiveness of programs under this subchapter based on the
student achievement [academic excellence] indicators adopted under
Section 39.053 [39.051(a)], including the results of assessment
instruments. The agency may combine evaluations under this section
with federal accountability measures concerning students of
limited English proficiency.
SECTION 34. Section 29.094(c), Education Code, is amended
to read as follows:
(c) A campus may apply to the commissioner to participate in
the pilot program. The commissioner may select for participation
in the pilot program only campuses that have failed to improve
student performance in reading according to standards established
by the commissioner. The standards established by the commissioner
for purposes of this subsection must be based on reading
performance standards considered [required] for student promotion
under Section 28.021 [28.0211].
SECTION 35. Section 29.095(a)(1), Education Code, as added
by Chapter 1058 (H.B. 2237), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(1) "Council" means the High School Completion and
Success Initiative Council established under Subchapter M [L],
Chapter 39.
SECTION 36. Section 29.095(c), Education Code, as added by
Chapter 1058 (H.B. 2237), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(c) The commissioner may award a grant in an amount not to
exceed $5,000 in a school year to a school district on behalf of a
student club at a district high school campus that is eligible under
the criteria established under Section 39.408 [39.358]. To be
eligible for a grant, the student club and the club's sponsor must
be sanctioned by the campus and district. A grant awarded under this
program must be matched by other federal, state, or local funds,
including donations, in an amount equal to the amount of the grant.
A district shall seek donations or sponsorships from local
businesses or community organizations to raise the matching
funds. The commissioner may award a grant on behalf of more than
one student club at a campus in the same school year.
SECTION 37. Sections 29.096(a) and (c), Education Code, are
amended to read as follows:
(a) In this section, "council" means the High School
Completion and Success Initiative Council established under
Subchapter M [L], Chapter 39.
(c) A school district or open-enrollment charter school is
eligible to participate and receive a grant under this section
under the eligibility criteria established under Section 39.408
[39.358].
SECTION 38. Section 29.097(a)(1), Education Code, is
amended to read as follows:
(1) "Council" means the High School Completion and
Success Initiative Council established under Subchapter M [L],
Chapter 39.
SECTION 39. Section 29.097(c), Education Code, is amended
to read as follows:
(c) The commissioner may select for participation in the
pilot program only a campus that is eligible under the criteria
established under Section 39.408 [39.358].
SECTION 40. Section 29.098(c), Education Code, is amended
to read as follows:
(c) The commissioner of education may select for
participation in the pilot program only a campus that is eligible
under the criteria established under Section 39.408 [39.358].
SECTION 41. Section 29.182(b), Education Code, is amended
to read as follows:
(b) The state plan must include procedures designed to
ensure that:
(1) all secondary and postsecondary students have the
opportunity to participate in career and technology education
programs;
(2) the state complies with requirements for
supplemental federal career and technology education funding; and
(3) career and technology education is established as
a part of the total education system of this state and constitutes
an option for student learning that provides a rigorous course of
study consistent with the required curriculum under Section 28.002
and under which a student may receive specific education in a career
and technology program that:
(A) incorporates competencies leading to
academic and technical skill attainment;
(B) leads to:
(i) an industry-recognized license,
credential, or certificate; or
(ii) at the postsecondary level, an
associate or baccalaureate degree;
(C) includes opportunities for students to earn
college credit for coursework; and
(D) includes, as an integral part of the program,
participation by students and teachers in activities of career and
technical student organizations supported by the agency and the
State Board of Education.
SECTION 42. Section 29.202(a), Education Code, is amended
to read as follows:
(a) A student is eligible to receive a public education
grant or to attend another public school in the district in which
the student resides under this subchapter if the student is
assigned to attend a public school campus:
(1) at which 50 percent or more of the students did not
perform satisfactorily on an assessment instrument administered
under Section 39.023(a) or (c) in any two of the preceding three
years; or
(2) that [was], at any time in the preceding three
years, failed to satisfy any standard [considered academically
unacceptable] under Section 39.054(d) [39.132].
SECTION 43. Section 29.904(d), Education Code, is amended
to read as follows:
(d) A plan developed under this section:
(1) must establish clear, achievable goals for
increasing the percentage of the school district's graduating
seniors, particularly the graduating seniors attending a high
school described by Subsection (a), who enroll in an institution of
higher education for the academic year following graduation;
(2) must establish an accurate method of measuring
progress toward the goals established under Subdivision (1) that
may include the percentage of district high school students and the
percentage of students attending a district high school described
by Subsection (a) who:
(A) are enrolled in a course for which a student
may earn college credit, such as an advanced placement or
international baccalaureate course or a course offered through
concurrent enrollment in high school and at an institution of
higher education;
(B) are enrolled in courses that meet the
curriculum requirements for the recommended or advanced high school
program as determined under Section 28.025;
(C) have submitted a free application for federal
student aid (FAFSA);
(D) are exempt under Section 51.3062(p) or (q)
[51.306(l) or (m)] from administration of an assessment [a test]
instrument under Section 51.3062 [51.306] or have performed
successfully on an assessment [a test] instrument under Section
51.3062 [51.306];
(E) graduate from high school;
(F) graduate from an institution of higher
education; and
(G) have taken college entrance examinations and
the average score of those students on the examinations;
(3) must cover a period of at least five years; and
(4) may be directed at district students at any level
of primary or secondary education.
SECTION 44. Section 29.906(e), Education Code, is amended
to read as follows:
(e) The agency shall:
(1) maintain a list of character education programs
that school districts have implemented that meet the criteria under
Subsection (b);
(2) based on data reported by districts, annually
designate as a Character Plus School each school that provides a
character education program that:
(A) meets the criteria prescribed by Subsection
(b); and
(B) is approved by the committee selected under
Subsection (c); and
(3) include in the report required under Section
39.332 [39.182]:
(A) based on data reported by districts, the
impact of character education programs on student discipline and
academic achievement; and
(B) other reported data relating to character
education programs the agency considers appropriate for inclusion.
SECTION 45. Sections 29.918(a) and (c), Education Code, are
amended to read as follows:
(a) Notwithstanding Section 39.234 [39.114] or 42.152, a
school district or open-enrollment charter school with a high
dropout rate, as determined by the commissioner, must submit a plan
to the commissioner describing the manner in which the district or
charter school intends to use the compensatory education allotment
under Section 42.152 and the high school allotment under Section
42.2516(b)(3) for developing and implementing research-based
strategies for dropout prevention. The district or charter school
shall submit the plan not later than December 1 of each school year
preceding the school year in which the district or charter school
will receive the compensatory education allotment or high school
allotment to which the plan applies.
(c) The commissioner shall adopt rules to administer this
section. The commissioner may impose interventions or sanctions
under Section 39.102 [39.131] or 39.104 [39.1321] if a school
district or open-enrollment charter school fails to timely comply
with this section.
SECTION 46. Section 30A.101, Education Code, is amended to
read as follows:
Sec. 30A.101. ELIGIBILITY TO ACT AS PROVIDER SCHOOL
DISTRICT OR SCHOOL. (a) A school district is eligible to act as a
provider school district under this chapter only if the district is
rated [academically] acceptable or higher under Section 39.054
[39.072].
(b) An open-enrollment charter school is eligible to act as
a provider school under this chapter only if the school is rated
acceptable [recognized] or higher under Section 39.054 [39.072],
and may serve as a provider school only:
(1) to a student within the school district in which
the school is located or within its service area, whichever is
smaller; or
(2) to another student in the state through an
agreement with the administering authority under Section 30A.153.
SECTION 47. Section 32.157(a), Education Code, is amended
to read as follows:
(a) After the expiration of the pilot project, the agency
may review the pilot project based on the annual reports the agency
receives from the board of trustees of participating school
districts. The agency may include the review of the pilot project
in the comprehensive annual report required under Section 39.332
[39.182] that covers the 2010-2011 school year.
SECTION 48. Section 32.252(b), Education Code, is amended
to read as follows:
(b) The portal must serve as a single point of access to
educational resources other than student assessment data
accessible through the student assessment data portal under Section
32.258. In addition to any other purpose specified by this
subchapter or any other educational purpose, the portal may be used
to:
(1) alleviate inequities in access to educational
resources by providing access to on-line courses;
(2) improve student academic performance by providing
access to tutorial materials, instructional materials that have
been shown to improve academic performance, and other interactive
materials, including materials that assess an individual student's
knowledge and prepare the student for the administration of a
standardized assessment instrument, including an assessment
instrument administered under Section 39.023;
(3) provide school districts with access to
administrative software and other electronic tools designed to
promote administrative efficiency and intra-district
communication; or
(4) [provide secure access to student assessment data;
or
[(5)] provide links to appropriate educational
resources and experts available through the Internet.
SECTION 49. Section 32.258, Education Code, is amended to
read as follows:
Sec. 32.258. STUDENT ASSESSMENT DATA; DATA PORTAL.
(a) The agency shall establish and maintain a student assessment
data portal for use by school districts, teachers, parents,
students, and public institutions of higher education. The
agency shall [may] establish a secure, interoperable system to be
implemented through the portal under which:
(1) a student or the student's parent or other person
standing in parental relationship can easily access the student's
individual assessment data;
(2) an authorized employee of a school district,
including a district teacher, [districts] can readily access
individual [student] assessment data of district students for use
in developing strategies for improving student performance; and
(3) an authorized employee of a public institution of
higher education can readily access individual assessment data of
students applying for admission for use in developing strategies
for improving student performance.
(b) The system established under Subsection (a) shall
provide a means for a student or the student's parent or other
person standing in parental relationship to track the student's
progress on assessment instrument requirements for graduation.
(c) The agency shall establish an interoperable system to be
implemented through the portal under which general student
assessment data is easily accessible to the public.
(d) Student assessment data provided under this section
must:
(1) be available on or before the first instructional
day of the school year following the year in which the data is
collected; and
(2) include student performance data on assessment
instruments over multiple years, beginning with the 2007-2008
school year, including any data indicating progress in student
achievement.
(e) Each [(b) In establishing the] system established
under [required by] this section must permit comparisons of[, the
agency shall seek to further the goal of providing school districts
with access to] student performance information at the classroom,
campus, district, and state levels [level].
SECTION 50. Section 39.023, Education Code, is amended by
adding Subsections (a-1), (o), and (p) and amending Subsections
(b), (c), (c-4), (d), (e), (l), and (m) to read as follows:
(a-1) The agency shall develop assessment instruments
required under Subsection (a) in a manner that allows, to the extent
practicable:
(1) the score a student receives to provide reliable
information relating to a student's satisfactory performance for
each performance standard under Section 39.0241; and
(2) an appropriate range of performances to serve as a
valid indication of growth in student achievement.
(b) The agency shall develop or adopt appropriate
criterion-referenced alternative assessment instruments to be
administered to each student in a special education program under
Subchapter A, Chapter 29, [who receives modified instruction in the
essential knowledge and skills identified under Section 28.002 for
the assessed subject but] for whom an assessment instrument adopted
under Subsection (a), even with allowable accommodations
[modifications], would not provide an appropriate measure of
student achievement, as determined by the student's admission,
review, and dismissal committee. [The assessment instruments
required under this subsection must assess essential knowledge and
skills and growth in the subjects of reading, mathematics, and
writing. A student's admission, review, and dismissal committee
shall determine whether any allowable modification is necessary in
administering to the student an assessment instrument required
under this subsection. The assessment instruments required under
this subsection shall be administered on the same schedule as the
assessment instruments administered under Subsection (a).]
(c) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in Algebra I, Algebra II,
geometry, biology, chemistry, physics, English I, English II,
English III, world geography, world history, and United States
history. The Algebra I, Algebra II, and geometry end-of-course
assessment instruments must be administered with the aid of
technology. A school district shall comply with State Board of
Education rules regarding administration of the assessment
instruments listed in this subsection and shall adopt a policy that
requires a student's performance on an end-of-course assessment
instrument for a course listed in this subsection in which the
student is enrolled to account for 15 percent of the student's final
grade for the course. If a student retakes an end-of-course
assessment instrument for a course listed in this subsection, as
provided by Section 39.025, a school district is not required to use
the student's performance on the subsequent administration or
administrations of the assessment instrument to determine the
student's final grade for the course. If a student is in a special
education program under Subchapter A, Chapter 29, the student's
admission, review, and dismissal committee shall determine whether
any allowable modification is necessary in administering to the
student an assessment instrument required under this subsection [or
whether the student should be exempted under Section 39.027(a)(2)].
The State Board of Education shall administer the assessment
instruments. The State Board of Education shall adopt a schedule
for the administration of end-of-course assessment instruments
that complies with the requirements of Subsection (c-3).
(c-4) To the extent practicable and subject to Section
39.024, the agency shall ensure that each end-of-course assessment
instrument adopted under Subsection (c) is:
(1) developed in a manner that measures a student's
performance under the college readiness standards established
under Section 28.008; and
(2) validated by national postsecondary education
experts for college readiness content and performance standards.
(d) The commissioner may participate in multistate efforts
to develop voluntary standardized end-of-course assessment
instruments. The commissioner by rule may require a school
district to administer an end-of-course assessment instrument
developed through the multistate efforts. The admission, review,
and dismissal committee of a student in a special education program
under Subchapter A, Chapter 29, shall determine whether any
allowable modification is necessary in administering to the student
an end-of-course assessment instrument [or whether the student
should be exempted under Section 39.027(a)(2)].
(e) Under rules adopted by the State Board of Education,
every third year, the agency shall release the questions and answer
keys to each assessment instrument administered under Subsection
(a), (b), (c), (d), or (l), excluding any assessment instrument
administered to a student for the purpose of retaking the
assessment instrument, after the last time the instrument is
administered for that school year. To ensure a valid bank of
questions for use each year, the agency is not required to release a
question that is being field-tested and was not used to compute the
student's score on the instrument. The agency shall also release,
under board rule, each question that is no longer being
field-tested and that was not used to compute a student's score.
(l) The State Board of Education shall adopt rules for the
administration of the assessment instruments adopted under
Subsection (a) in Spanish to students in grades three through five
[six] who are of limited English proficiency, as defined by Section
29.052, whose primary language is Spanish, and who are not
otherwise exempt from the administration of an assessment
instrument under Section 39.027(a)(1) or (2) [39.027(a)(3) or (4)].
Each student of limited English proficiency whose primary language
is Spanish, other than a student to whom Subsection (b) applies, may
be assessed using assessment instruments in Spanish under this
subsection for up to three years or assessment instruments in
English under Subsection (a). The language proficiency assessment
committee established under Section 29.063 shall determine which
students are administered assessment instruments in Spanish under
this subsection.
(m) The commissioner by rule shall develop procedures under
which the language proficiency assessment committee established
under Section 29.063 shall determine which students are exempt from
the administration of the assessment instruments under Section
39.027(a)(1) or (2) [39.027(a)(3) and (4)]. The rules adopted
under this subsection shall ensure that the language proficiency
assessment committee provides that the exempted students are
administered the assessment instruments under Subsections (a) and
(c) at the earliest practical date.
(o) The commissioner of education and the commissioner of
higher education shall study the feasibility of allowing students
to satisfy end-of-course requirements under Subsection (c) by
successfully completing a dual credit course through an institution
of higher education. Not later than December 1, 2010, the
commissioner of education and the commissioner of higher education
shall make recommendations to the legislature based on the study
conducted under this subsection.
(p) On or before September 1 of each year, the commissioner
shall make the following information available on the agency's
Internet website for each assessment instrument administered under
Subsection (a), (c), or (l):
(1) the number of questions on the assessment
instrument;
(2) the number of questions that must be answered
correctly to achieve satisfactory performance as determined by the
commissioner under Section 39.0241(a);
(3) the number of questions that must be answered
correctly to achieve satisfactory performance under the college
readiness performance standard as provided by Section 39.0241; and
(4) the corresponding scale scores.
SECTION 51. Section 39.0233(d), Education Code, is amended
to read as follows:
(d) The questions adopted under this section may not [must]
be administered in a separate section of the end-of-course
assessment instrument [in which the questions are included].
SECTION 52. Section 39.0234(a), Education Code, is amended
to read as follows:
(a) The agency shall ensure that assessment instruments
required under Section 39.023 are capable of being administered by
computer. The commissioner may not require a school district or
open-enrollment charter school to administer an assessment
instrument by computer.
SECTION 53. Subchapter B, Chapter 39, Education Code, is
amended by amending Section 39.024 and adding Sections 39.0241 and
39.0242 to read as follows:
Sec. 39.024. MEASURE OF COLLEGE READINESS. (a) In this
section, "college readiness" means the level of preparation a
student must attain in English language arts and mathematics
courses to enroll and succeed, without remediation, in an
entry-level general education course for credit in that same
content area for a baccalaureate degree or associate degree program
at:
(1) a general academic teaching institution, as
defined by Section 61.003, other than a research institution, as
categorized under the Texas Higher Education Coordinating Board's
accountability system; or
(2) a postsecondary educational institution that
primarily offers associate degrees or certificates or credentials
other than baccalaureate or advanced degrees.
(b) The agency and the Texas Higher Education Coordinating
Board shall ensure that the Algebra II and English III
end-of-course assessment instruments required under Section
39.023(c) are developed to be capable of, beginning with the
2011-2012 school year, measuring college readiness.
(c) Before the beginning of the 2011-2012 school year, the
agency, in collaboration with the Texas Higher Education
Coordinating Board, shall gather data and conduct research studies
to substantiate the correlation between a certain level of
performance by students on the Algebra II and English III
end-of-course assessment instruments and college readiness.
(d) Studies under Subsection (c) must include an evaluation
of any need for remediation courses to facilitate college
readiness.
(e) Based on the results of the studies conducted under
Subsection (c), the commissioner of education and the commissioner
of higher education shall establish student performance standards
for the Algebra II and English III end-of-course assessment
instruments indicating that students have attained college
readiness.
(f) The agency, in collaboration with the Texas Higher
Education Coordinating Board, shall conduct research studies
similar to the studies conducted under Subsection (c) for the
appropriate science and social studies end-of-course assessment
instruments. If the commissioner of education, in collaboration
with the commissioner of higher education, determines that the
research studies conducted under this subsection substantiate a
correlation between a certain level of performance by students on
science and social studies end-of-course assessment instruments
and college readiness, the commissioner of education, in
collaboration with the commissioner of higher education, as soon as
practicable, may establish student performance standards for the
science and social studies end-of-course assessment instruments
indicating that students have attained college readiness.
(f-1) Not later than December 1, 2012, the agency and the
Texas Higher Education Coordinating Board shall deliver to the
lieutenant governor, the speaker of the house of representatives,
and the clerks of the standing committees of the senate and the
house of representatives with primary jurisdiction over public
education and higher education a report that includes:
(1) an analysis of the feasibility of establishing
college readiness performance standards for science and social
studies end-of-course assessment instruments; and
(2) a summary of any implementation procedures adopted
for each standard.
(f-2) Subsection (f-1) and this subsection expire January
1, 2013.
(g) The agency, in collaboration with the Texas Higher
Education Coordinating Board, shall continue to gather data to
perform studies as provided under Subsections (c) and (f) at least
once every three years.
(h) The agency and the Texas Higher Education Coordinating
Board shall periodically review the college readiness performance
standards established under this section and compare the
performance standards to performance standards established
nationally and internationally for comparable assessment
instruments. Following each review, the agency and the Texas
Higher Education Coordinating Board shall deliver to the lieutenant
governor, the speaker of the house of representatives, and the
clerks of the standing committees of the senate and the house of
representatives with primary jurisdiction over public education
and higher education a report on the results of the review
indicating whether the college readiness performance standards
established under this section are sufficiently rigorous to prepare
students in this state to compete academically with students
nationally and internationally. If the agency and the Texas Higher
Education Coordinating Board determine that the college readiness
performance standards established under this section are not
sufficiently rigorous, the agency and the Texas Higher Education
Coordinating Board shall recommend changes to the college readiness
performance standards.
(i) The agency shall gather data and conduct research to
substantiate any correlation between a certain level of performance
by students on end-of-course assessment instruments and success in:
(1) military service; or
(2) a workforce training, certification, or other
credential program at a postsecondary educational institution that
primarily offers associate degrees or certificates or credentials
other than baccalaureate or advanced degrees.
Sec. 39.0241. [SATISFACTORY] PERFORMANCE STANDARDS.
(a) The commissioner [Except as otherwise provided by this
subsection, the State Board of Education] shall determine the level
of performance considered to be satisfactory on the assessment
instruments.
(a-1) The commissioner of education, in collaboration with
the commissioner of higher education, shall determine the level of
performance necessary to indicate college readiness, as defined by
Section 39.024(a).
(a-2) For the purpose of establishing performance across
grade levels, the commissioner shall establish:
(1) the performance standards for the Algebra II and
English III end-of-course assessment instruments, as provided
under Section 39.024(b) and under Subsection (a);
(2) the performance standards for the Algebra I and
English II end-of-course assessment instruments, as determined
based on studies under Section 39.0242 that correlate student
performance on the Algebra I and English II end-of-course
assessment instruments with student performance on the Algebra II
and English III assessment instruments;
(3) the performance standards for the English I
end-of-course assessment instrument, as determined based on
studies under Section 39.0242 that correlate student performance on
the English I end-of-course assessment instrument with student
performance on the English II assessment instrument;
(4) the performance standards for the grade eight
assessment instruments, as determined based on studies under
Section 39.0242 that correlate student performance on the grade
eight assessment instruments with student performance on the
Algebra I and English I end-of-course assessment instruments in the
same content area; and
(5) the performance standards on the assessment
instruments in each of grades three through seven, as determined
based on studies under Section 39.0242 that correlate student
performance in the same content area on the assessment instrument
for each grade with student performance on the assessment
instrument in the succeeding grade.
[The admission, review, and dismissal committee of a student
being assessed under Section 39.023(b) shall determine the level of
performance considered to be satisfactory on the assessment
instruments administered to that student in accordance with
criteria established by agency rule.]
(c) The agency may [shall] develop study guides for the
assessment instruments administered under Sections 39.023(a) and
(c). To assist parents in providing assistance during the period
that school is recessed for summer, each school district shall make
[distribute] the study guides available to parents of students who
do not perform satisfactorily as determined by the commissioner
under Subsection (a) on one or more parts of an assessment
instrument administered under this subchapter.
(d) The agency shall develop and make available teacher
training materials and other teacher training resources to assist
teachers in enabling students of limited English proficiency to
meet state performance expectations. The teacher training
resources shall be designed to support intensive, individualized,
and accelerated instructional programs developed by school
districts for students of limited English proficiency.
(e) The commissioner shall retain a portion of the total
amount of funds allotted under Section 42.152(a) that the
commissioner considers appropriate to finance activities under
Subsection [Subsections] (c) and may retain a portion for
activities under Subsection (d) and for intensive programs of
instruction for students of limited English proficiency offered by
school districts and shall reduce each district's allotment
proportionately.
Sec. 39.0242. PERFORMANCE STANDARDS: RESEARCH STUDIES AND
IMPLEMENTATION OF STANDARDS. (a) During the 2009-2010 and
2010-2011 school years, the agency shall collect data through:
(1) the annual administration of assessment
instruments required under Section 39.023(a) in grades three
through eight; and
(2) the administration to a sufficiently large sample
of students throughout the state of end-of-course assessment
instruments required under Section 39.023(c) for the purpose of
setting performance standards.
(b) Before the beginning of the 2011-2012 school year, the
agency shall analyze the data collected under Subsection (a) to
substantiate:
(1) the correlation between satisfactory student
performance for each performance standard under Section 39.0241 on
the grade three, four, five, six, or seven assessment instruments
with satisfactory performance under the same performance standard
on the assessment instruments in the same content area for the next
grade level;
(2) the correlation between satisfactory student
performance for each performance standard under Section 39.0241 on
the grade eight assessment instruments with satisfactory
performance under the same performance standard on the Algebra I
and English I end-of-course assessment instruments in the same
content area;
(3) the correlation between satisfactory student
performance for each performance standard under Section 39.0241 on
the English I end-of-course assessment instrument with
satisfactory performance under the same performance standard on the
English II end-of-course assessment instrument;
(4) the correlation between satisfactory student
performance for each performance standard under Section 39.0241 on
the English II end-of-course assessment instrument with
satisfactory performance under the same performance standard on the
English III end-of-course assessment instrument; and
(5) the correlation between satisfactory student
performance for each performance standard under Section 39.0241 on
the Algebra I end-of-course assessment instrument with
satisfactory performance under the same performance standard on the
Algebra II end-of-course assessment instrument.
(c) Studies under this section must include an evaluation of
any need for remediation courses to facilitate college readiness.
(d) The agency shall continue to gather data and perform
studies as provided under this section at least once every three
years. If the data do not support the correlation between student
performance standards and college readiness, the commissioner of
education, in collaboration with the commissioner of higher
education, shall revise the standard of performance considered to
be satisfactory.
(e) Based on the data collected and studies performed
periodically under Subsection (d), the commissioner shall increase
the rigor of the performance standard established under Section
39.0241(a) as the commissioner determines necessary.
SECTION 54. Section 39.025, Education Code, is amended by
amending Subsections (a), (a-1), (b), (b-1), (b-2), and (f) and
adding Subsections (a-2), (a-3), and (c-1) to read as follows:
(a) The commissioner shall adopt rules requiring a student
participating in the recommended or advanced high school program to
be administered each end-of-course assessment instrument listed in
Section 39.023(c) and requiring a student participating in the
minimum high school program to be administered an end-of-course
assessment instrument listed in Section 39.023(c) only for a course
in which the student is enrolled and for which an end-of-course
assessment instrument is administered. A student is required to
achieve, in each subject in the foundation curriculum under Section
28.002(a)(1), a cumulative score that is at least equal to the
product of the number of end-of-course assessment instruments
administered to the student in that subject and a scale score that
indicates satisfactory performance, as determined by the
commissioner under Section 39.0241(a) [70, with each end-of-course
assessment instrument scored on a scale of 100]. A student must
achieve a minimum score as determined by the commissioner to be
within a reasonable range of the scale score under Section
39.0241(a) [of at least 60] on an end-of-course assessment
instrument for the score to count towards the student's cumulative
score. For purposes of this subsection, a student's cumulative
score is determined using the student's highest score on each
end-of-course assessment instrument administered to the
student. A student may not receive a high school diploma until the
student has performed satisfactorily on the end-of-course
assessment instruments in the manner provided under this
subsection. This subsection does not require a student to
demonstrate readiness to enroll in an institution of higher
education.
(a-1) The commissioner by rule shall determine a method by
which a student's satisfactory performance on an advanced placement
test, international baccalaureate examination, an SAT [a
Scholastic Assessment Test (SAT)] Subject Test, or another
assessment instrument determined by the commissioner to be at least
as rigorous as an end-of-course assessment instrument adopted under
Section 39.023(c) may be used as a factor in determining whether the
student satisfies the requirements of Subsection (a), including the
cumulative score requirement of that subsection. The commissioner
by rule may determine a method by which a student's satisfactory
performance on a Preliminary Scholastic Assessment Test (PSAT)
assessment or a preliminary American College Test (ACT) assessment
may be used as a factor in determining whether the student satisfies
the requirements of Subsection (a).
(a-2) In addition to the cumulative score requirements
under Subsection (a), a student must achieve a score that meets or
exceeds the score determined by the commissioner under Section
39.0241(a) for English III and Algebra II end-of-course assessment
instruments to graduate under the recommended high school program.
(a-3) In addition to the cumulative score requirements
under Subsection (a), a student must achieve a score that meets or
exceeds the score determined by the commissioner under Section
39.0241(a-1) on English III and Algebra II end-of-course assessment
instruments in order to graduate under the advanced high school
program.
(b) Each time an end-of-course assessment instrument is
administered, a student who failed to achieve a minimum score under
Subsection (a) [of at least 60 on the assessment instrument] shall
retake the assessment instrument. A student who fails to perform
satisfactorily on an Algebra II or English III end-of-course
assessment instrument under the college readiness performance
standard, as provided under Section 39.024(b), may retake the
assessment instrument. Any other student may retake an
end-of-course assessment instrument for any reason. A student is
not required to retake a course as a condition of retaking an
end-of-course assessment instrument.
(b-1) A school district shall provide each student who fails
to perform satisfactorily as determined by the commissioner under
Section 39.0241(a) [achieve a score of at least 70] on an
end-of-course assessment instrument with accelerated instruction
in the subject assessed by the assessment instrument.
(b-2) If a school district determines that a student, on
completion of grade 11, is unlikely to achieve the cumulative score
requirements for one or more subjects prescribed by Subsection (a)
for receiving a high school diploma, the district shall require the
student to enroll in a corresponding content-area college
preparatory course for which an end-of-course assessment
instrument has been adopted, if available. A student who enrolls
in a college preparatory course described by this subsection shall
be administered an end-of-course assessment instrument for the
course, with the end-of-course assessment instrument scored on a
scale as determined by the commissioner not to exceed 20 percent of
the cumulative score requirements required to graduate as
determined under Subsection (a) [of 40]. A student may use the
student's score on the end-of-course assessment instrument for the
college preparatory course towards satisfying the cumulative score
requirements prescribed by Subsection (a).
(c-1) A school district may not administer an assessment
instrument required for graduation administered under this section
as this section existed before September 1, 1999. A school district
may administer to a student who failed to perform satisfactorily on
an assessment instrument described by this subsection an alternate
assessment instrument designated by the commissioner. The
commissioner shall determine the level of performance considered to
be satisfactory on an alternate assessment instrument. The
district may not administer to the student an assessment instrument
or a part of an assessment instrument that assesses a subject that
was not assessed in an assessment instrument required for
graduation administered under this section as this section existed
before September 1, 1999. The commissioner shall make available to
districts information necessary to administer the alternate
assessment instrument authorized by this subsection. The
commissioner's determination regarding designation of an
appropriate alternate assessment instrument under this subsection
and the performance required on the assessment instrument is final
and may not be appealed.
(f) The commissioner shall by rule adopt a transition plan
to implement the amendments made by Chapter 1312 (S.B. No. 1031),
Acts of the 80th Legislature, Regular Session, 2007, replacing
general subject assessment instruments administered at the high
school level with end-of-course assessment instruments [to this
section and Sections 39.023(a) and (c) and 39.051(b)(5)]. The
rules must provide for the end-of-course assessment instruments
adopted under Section 39.023(c) to be administered beginning with
students entering the ninth grade during the 2011-2012 school year.
During the period under which the transition to end-of-course
assessment instruments is made:
(1) for students entering a grade above the ninth
grade during the 2011-2012 school year, the commissioner shall
retain, administer, and use for purposes of accreditation and other
campus and district accountability measures [ratings] under this
chapter [Subchapter D] the assessment instruments required by
Section 39.023(a) or (c), as that section existed before amendment
by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature,
Regular Session, 2007;
(2) a student subject to Subdivision (1) may not
receive a high school diploma unless the student has performed
satisfactorily on each required assessment instrument administered
under Section 39.023(c) as that section existed before amendment by
Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular
Session, 2007; and
(3) [(2)] the agency may defer releasing assessment
instrument questions and answer keys as required by Section
39.023(e) to the extent necessary to develop additional assessment
instruments.
SECTION 55. Section 39.0262(a), Education Code, is amended
to read as follows:
(a) In a subject area for which assessment instruments are
administered under Section 39.023, a school district may not
administer locally required [district-required] assessment
instruments designed to prepare students for state-administered
assessment instruments to any student on more than 10 percent of the
instructional days in any school year. A campus-level planning and
decision-making committee established under Section 11.251 may
limit the administration of locally required assessment
instruments under this subsection to 10 percent or a lower
percentage of the instructional days in any school year.
SECTION 56. Section 39.027, Education Code, is amended by
amending Subsections (a) and (e) and adding Subsection (a-1) to
read as follows:
(a) A student may be administered an accommodated or
alternative assessment instrument or may be granted an exemption
[exempted] from or a postponement of the administration of an
assessment instrument under:
(1) [Section 39.023(a) or (b) if the student is
eligible for a special education program under Section 29.003 and
the student's individualized education program does not include
instruction in the essential knowledge and skills under Section
28.002 at any grade level;
[(2) Section 39.023(c) or (d) if the student is
eligible for a special education program under Section 29.003 and:
[(A) the student's individualized education
program does not include instruction in the essential knowledge and
skills under Section 28.002 at any grade level; or
[(B) the assessment instrument, even with
allowable modifications, would not provide an appropriate measure
of the student's achievement as determined by the student's
admission, review, and dismissal committee;
[(3)] Section 39.023(a), (b), (c), or (l) for a period
of up to one year after initial enrollment in a school in the United
States if the student is of limited English proficiency, as defined
by Section 29.052, and has not demonstrated proficiency in English
as determined by the assessment system under Subsection (e); [or]
(2) [(4)] Section 39.023(a), (b), (c), or (l) for a
period of up to two years in addition to the exemption period
authorized by Subdivision (1) [(3)] if the student has received an
exemption under Subdivision (1) [(3)] and:
(A) is a recent unschooled immigrant; or
(B) is in a grade for which no assessment
instrument in the primary language of the student is available; or
(3) Section 39.023(a), (b), (c), or (l) for a period of
up to four years, in addition to the exemption period authorized
under Subdivision (1), if the student's initial enrollment in a
school in the United States was as an unschooled asylee or refugee.
(a-1) For purposes of this section, "unschooled asylee or
refugee" means a student who:
(1) initially enrolled in a school in the United
States as:
(A) an asylee as defined by 45 C.F.R. Section
400.41; or
(B) a refugee as defined by 8 U.S.C. Section
1101;
(2) has a visa issued by the United States Department
of State with a Form I-94 Arrival/Departure record, or a successor
document, issued by the United States Citizenship and Immigration
Services that is stamped with "Asylee," "Refugee," or "Asylum"; and
(3) as a result of inadequate schooling outside of the
United States, lacks the necessary foundation in the essential
knowledge and skills of the curriculum prescribed under Section
28.002, as determined by the language proficiency assessment
committee established under Section 29.063.
(e) The commissioner shall develop an assessment system
that shall be used for evaluating the academic progress, including
reading proficiency in English, of all students of limited English
proficiency, as defined by Section 29.052. A student who is exempt
from the administration of an assessment instrument under
Subsection (a)(1) or (2) [(a)(3) or (4)] who achieves reading
proficiency in English as determined by the assessment system
developed under this subsection shall be administered the
assessment instruments described by Sections 39.023(a) and (c).
The performance under the assessment system developed under this
subsection of students to whom Subsection (a)(1) or (2) [(a)(3) or
(4)] applies shall be included in the [academic excellence]
indicator systems [system] under Section 39.301, as applicable
[Section 39.051], the performance report under Section 39.306
[39.053], and the comprehensive annual report under Section 39.332
[39.182]. This information shall be provided in a manner that is
disaggregated by the bilingual education or special language
program, if any, in which the student is enrolled.
SECTION 57. Section 39.033(b), Education Code, is amended
to read as follows:
(b) An agreement under this section must require the private
school to:
(1) as determined appropriate by the commissioner,
provide to the commissioner the information described by Sections
39.053(c) and 39.301(c); [Section 39.051(b)] and
(2) [to] maintain confidentiality in compliance with
Section 39.030.
SECTION 58. Section 39.034, Education Code, is amended by
amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(d) The agency shall determine the necessary annual
improvement required each year for a student to be prepared to
perform satisfactorily on, as applicable:
(1) the grade five assessment instruments;
(2) the grade eight assessment instruments; and
(3) the end-of-course assessment instruments required
under this subchapter for graduation.
(d-1) The agency shall report the necessary annual
improvement required under Subsection (d) to the district. Each
year, the report must state whether the student fell below, met, or
exceeded the necessary target for improvement.
SECTION 59. Subchapters C through L, Chapter 39, Education
Code, as amended by Section 2.25, Chapter 396 (S.B. 4), and Section
4, Chapter 931 (H.B. 2307), Acts of the 76th Legislature, Regular
Session, 1999, are amended to read as follows:
SUBCHAPTER C. ACCREDITATION [PERFORMANCE INDICATORS
[SUBCHAPTER D. ACCREDITATION STATUS]
Sec. 39.051 [39.071]. ACCREDITATION STATUS. [(a)]
Accreditation of a school district is determined in accordance with
this subchapter [section]. The commissioner by rule shall
determine in accordance with this subchapter the criteria for
[define] the following accreditation statuses:
(1) accredited;
(2) accredited-warned; and
(3) accredited-probation.
Sec. 39.052. DETERMINATION OF ACCREDITATION STATUS OR
PERFORMANCE RATING. (a) [(b)] Each year, the commissioner shall
determine the accreditation status of each school district.
(b) In determining the accreditation status of a school
district, the commissioner:
(1) shall evaluate and consider:
(A) [the] performance on student achievement
indicators described by Section 39.053(c) [of the district under:
[(A) the academic accountability system under
Section 39.072]; and
(B) performance under the financial
accountability rating system developed under Subchapter D [I]; and
(2) may evaluate and consider:
(A) the district's compliance with statutory
requirements and requirements imposed by rule of the commissioner
or State Board of Education under specific statutory authority that
relate to:
(i) reporting data through the Public
Education Information Management System (PEIMS) or other reports
required by state or federal law or court order;
(ii) the high school graduation
requirements under Section 28.025; or
(iii) an item listed under Sections
7.056(e)(3)(C)-(I) that applies to the district;
(B) the effectiveness of the district's programs
for special populations; and
(C) the effectiveness of the district's career
and technology program.
(c) Based on a school district's performance under
Subsection (b), the commissioner shall:
(1) assign each [a] district an accreditation status;
or
(2) revoke the accreditation of the district and order
closure of the district [under this subchapter].
(d) A school district's accreditation status may be raised
or lowered based on the district's performance or may be lowered
based on the performance of one or more campuses in the district
that is below a standard required under this subchapter.
(e) [(d)] The commissioner shall notify a school district
that receives an accreditation status of accredited-warned or
accredited-probation or a campus that performs below a standard
required under this subchapter that the performance of the district
or campus is below a standard required under this subchapter
[section]. The commissioner shall require the district to notify
the parents of students enrolled in the district and property
owners in the district of the district's accreditation status and
the implications of that accreditation status.
(f) [(e)] A school district that is not accredited may not
receive funds from the agency or hold itself out as operating a
public school of this state.
(g) [(f)] This chapter may not be construed to invalidate a
diploma awarded, course credit earned, or grade promotion granted
by a school district before the commissioner revoked the district's
accreditation.
Sec. 39.053. PERFORMANCE INDICATORS: STUDENT ACHIEVEMENT.
(a) The commissioner shall adopt a set of indicators of the quality
of learning and student achievement. The commissioner biennially
shall review the indicators for the consideration of appropriate
revisions.
[Sec. 39.051. ACADEMIC EXCELLENCE INDICATORS. (a) The
State Board of Education shall adopt a set of indicators of the
quality of learning on a campus. The State Board of Education
biennially shall review the indicators for the consideration of
appropriate revisions.]
(b) Performance on the student achievement indicators
adopted under this section shall be compared to state-established
standards. [The degree of change from one school year to the next
in performance on each indicator adopted under this section shall
also be considered.] The indicators must be based on information
that is disaggregated by race, ethnicity, [gender,] and
socioeconomic status.
(c) Indicators of student achievement adopted under this
section [and] must include:
(1) the results of assessment instruments required
under Sections 39.023(a), (c), and (l), including the results of
assessment instruments required for graduation retaken by a
student, aggregated across [by] grade levels by [level and] subject
area, including:
(A) for the performance standard determined by
the commissioner under Section 39.0241(a):
(i) the percentage of students who
performed satisfactorily on the assessment instruments, aggregated
across grade levels by subject area; and
(ii) for students who did not perform
satisfactorily, the percentage of students who met the standard for
annual improvement, as determined by the agency under Section
39.034, on the assessment instruments, aggregated across grade
levels by subject area; and
(B) for the college readiness performance
standard as determined under Section 39.0241:
(i) the percentage of students who
performed satisfactorily on the assessment instruments, aggregated
across grade levels by subject area; and
(ii) for students who did not perform
satisfactorily, the percentage of students who met the standard for
annual improvement, as determined by the agency under Section
39.034, on the assessment instruments, aggregated across grade
levels by subject area;
(2) dropout rates, including dropout rates and
district completion rates for grade levels 9 through 12, computed
in accordance with standards and definitions adopted by the
National Center for Education Statistics of the United States
Department of Education; and
(3) high school graduation rates, computed in
accordance with standards and definitions adopted in compliance
with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et
seq.).
(d) For purposes of Subsection (c), the commissioner by rule
shall determine the period within which a student must retake an
assessment instrument for that assessment instrument to be
considered in determining the performance rating of the district
under Section 39.054.
(e) [(Pub. L. No. 107-110);
[(4) student attendance rates;
[(5) the percentage of graduating students who attain
scores on the questions developed for end-of-course assessment
instruments under Section 39.0233(a) that are equivalent to a
passing score on the assessment instrument required under Section
51.3062;
[(6) the percentage of graduating students who meet
the course requirements established for the recommended high school
program by State Board of Education rule;
[(7) the results of the Scholastic Assessment Test
(SAT), the American College Test (ACT), articulated postsecondary
degree programs described by Section 61.852, and certified
workforce training programs described by Chapter 311, Labor Code;
[(8) the percentage of students, aggregated by grade
level, provided accelerated instruction under Section 28.0211(c),
the results of assessments administered under that section, the
percentage of students promoted through the grade placement
committee process under Section 28.0211, the subject of the
assessment instrument on which each student failed to perform
satisfactorily, and the performance of those students in the school
year following that promotion on the assessment instruments
required under Section 39.023;
[(9) for students who have failed to perform
satisfactorily on an assessment instrument required under Section
39.023(a) or (c), the numerical progress of those students grouped
by percentage on subsequent assessment instruments required under
those sections, aggregated by grade level and subject area;
[(10) the percentage of students exempted, by
exemption category, from the assessment program generally
applicable under this chapter;
[(11) the percentage of students of limited English
proficiency exempted from the administration of an assessment
instrument under Sections 39.027(a)(3) and (4);
[(12) the percentage of students in a special
education program under Subchapter A, Chapter 29, assessed through
assessment instruments developed or adopted under Section
39.023(b);
[(13) the measure of progress toward preparation for
postsecondary success; and
[(14) the measure of progress toward dual language
proficiency under Section 39.034(b), for students of limited
English proficiency, as defined by Section 29.052.
[(b-1) Performance on the indicators described by
Subsections (b)(1), (2), (3), (8), (9), and (14) must be based on
longitudinal student data that is disaggregated by the bilingual
education or special language program, if any, in which students of
limited English proficiency, as defined by Section 29.052, are or
former students of limited English proficiency were enrolled. If a
student described by this subsection is not or was not enrolled in
specialized language instruction, the number and percentage of
those students shall be provided.
[(c)] Performance on the student achievement indicators
[indicator] under Subsections (c)(1) and (2) [Subsection (b)(1)]
shall be compared to state standards and[,] required improvement[,
and comparable improvement]. The state standard shall be
established by the commissioner. Required improvement is [defined
as] the progress necessary for the campus or district to meet state
standards and, for the student achievement indicator under
Subsection (c)(1), for its students to meet each of the performance
standards as determined under Section 39.0241.
(f) [exit requirements as defined by the commissioner.
Comparable improvement is derived by measuring campuses and
districts against a profile developed from a total state student
performance database which exhibits substantial equivalence to the
characteristics of students served by the campus or district,
including past academic performance, socioeconomic status,
ethnicity, and limited English proficiency.
[(d)] Annually, the commissioner shall define the state
standard for the current school year for each student achievement
[exemplary, recognized, and unacceptable performance for each
academic excellence] indicator described by Subsection (c)
[included under Subsections (b)(1) through (7)] and shall project
the state standards for each [of those levels of performance for
succeeding years. For the] indicator for the following two school
[under Subsection (b)(8), the commissioner shall define exemplary,
recognized, and unacceptable performance based on student
performance for the period covering both the current and preceding
academic] years. The commissioner shall periodically raise the
state standards for the student achievement indicator described by
Subsection (c)(1)(B)(i) for accreditation as necessary to reach the
goals of achieving, by not later than the 2019-2020 school year:
(1) student performance in this state, disaggregated
by race, ethnicity, and socioeconomic status, that ranks nationally
in the top 10 states in terms of college readiness; and
(2) student performance, including the percentage of
students graduating under the recommended or advanced high school
program, with no significant achievement gaps by race, ethnicity,
and socioeconomic status.
(g) In defining the required state standard [exemplary,
recognized, and unacceptable performance] for the indicator
described by Subsection (c)(2) [indicators under Subsections
(b)(2) and (4)], the commissioner may not consider as a dropout [or
as] a student [who has failed to attend school a student] whose
failure to attend school results from:
(1) the student's expulsion under Section 37.007; and
(2) as applicable:
(A) adjudication as having engaged in delinquent
conduct or conduct indicating a need for supervision, as defined by
Section 51.03, Family Code; or
(B) conviction of and sentencing for an offense
under the Penal Code.
(g-1) In computing dropout and completion rates under
Subsection (c)(2), the commissioner shall exclude:
(1) students who are ordered by a court to attend a
high school equivalency certificate program but who have not yet
earned a high school equivalency certificate;
(2) students who were previously reported to the state
as dropouts;
(3) students in attendance who are not in membership
for purposes of average daily attendance;
(4) students whose initial enrollment in a school in
the United States in grades 7 through 12 was as unschooled refugees
or asylees as defined by Section 39.027(a-1);
(5) students who are in the district exclusively as a
function of having been detained at a county detention facility but
are otherwise not students of the district in which the facility is
located; and
(6) students who are incarcerated in state jails and
federal penitentiaries as adults and as persons certified to stand
trial as adults.
(h) [(e)] Each school district shall cooperate with the
agency in determining whether a student is a dropout for purposes of
accreditation and evaluating performance by school districts and
campuses under this chapter [section].
(i) [(f) The indicator under Subsection (b)(1) must include
the results of assessment instruments required under Section
39.023(b).
[(g)] The commissioner by rule shall adopt accountability
measures to be used in assessing the progress of students who have
failed to perform satisfactorily as determined by the commissioner
under Section 39.0241(a) or under the college readiness standard as
determined under Section 39.0241 in the preceding school year on an
assessment instrument required under Section 39.023(a), (c), or
(l).
Sec. 39.054. METHODS AND STANDARDS FOR EVALUATING
PERFORMANCE. (a) The commissioner shall adopt rules to evaluate
school district and campus performance and, not later than August 8
of each year, assign each district and campus a performance rating
that reflects acceptable performance or unacceptable performance.
If a district or campus received a performance rating of
unacceptable performance for the preceding school year, the
commissioner shall notify the district of a subsequent such
designation on or before June 15.
(b) In evaluating performance, the commissioner shall
evaluate against state standards and consider the performance of
each campus in a school district and each open-enrollment charter
school on the basis of the campus's or school's performance on the
student achievement indicators adopted under Section 39.053(c).
(b-1) [39.072. ACCREDITATION STANDARDS. (a) The State
Board of Education shall adopt rules to evaluate the performance of
school districts and to assign to each district a performance
rating as follows:
[(1) exemplary (meets or exceeds state exemplary
standards);
[(2) recognized (meets or exceeds required
improvement and within 10 percent of state exemplary standards);
[(3) academically acceptable (below the exemplary and
recognized standards but exceeds the academically unacceptable
standards); or
[(4) academically unacceptable (below the state
clearly unacceptable performance standard and does not meet
required improvement).
[(b) The academic excellence indicators adopted under
Sections 39.051(b)(1) through (8) and the district's current
special education compliance status with the agency shall be the
main considerations of the agency in the rating of the district
under this section. Additional criteria in the rules may include
consideration of:
[(1) compliance with statutory requirements and
requirements imposed by rule of the State Board of Education under
specific statutory authority that relate to:
[(A) reporting data through the Public Education
Information Management System (PEIMS);
[(B) the high school graduation requirements
under Section 28.025; or
[(C) an item listed in Sections
7.056(e)(3)(C)-(I) that applies to the district;
[(2) the effectiveness of the district's programs for
special populations; and
[(3) the effectiveness of the district's career and
technology programs.
[(c) The agency shall evaluate against state standards and
shall, not later than August 1 of each year, report the performance
of each campus in a district and each open-enrollment charter
school on the basis of the campus's performance on the indicators
adopted under Sections 39.051(b)(1) through (8).] Consideration of
the effectiveness of district programs under Section
39.052(b)(2)(B) or (C):
(1) [Subsection (b)(2) or (3)] must:
(A) be based on data collected through the Public
Education Information Management System (PEIMS) for purposes of
accountability under this chapter; and
(B) include the results of assessments required
under Section 39.023; and
(2) may be based on the results of a special
accreditation investigation conducted under Section 39.057.
(c) In evaluating school district and campus performance on
the student achievement indicators adopted under Sections
39.053(c)(1) and (2), the commissioner shall define acceptable
performance as meeting the state standard determined by the
commissioner under Section 39.053(e) for the current school year
based on:
(1) student performance in the current school year; or
(2) student performance as averaged over the current
school year and the preceding two school years.
(d) In evaluating performance under Subsection (c), the
commissioner:
(1) may assign an acceptable performance rating if the
campus or district:
(A) performs satisfactorily on 85 percent of the
measures the commissioner determines appropriate with respect to
the student achievement indicators adopted under Sections
39.053(c)(1) and (2); and
(B) does not fail to perform satisfactorily on
the same measure described by Paragraph (A) for two consecutive
school years;
(2) may grant an exception under this subsection to a
district or campus only if the performance of the district or campus
is within a certain percentage, as determined by the commissioner,
of the minimum performance standard established by the commissioner
for the measure of evaluation; or
(3) may establish other performance criteria for a
district or campus to obtain an exception under this subsection.
(d-1) The commissioner may consider alternative performance
criteria to Subsection (d)(1)(A) only in special circumstances,
including campus or district performance on the same measure for
student groups that are substantially similar in composition to all
students on the same campus or district.
(e) [Notwithstanding any other provision of this code, for
purposes of determining the performance of a school district under
this chapter, including the accreditation status of the district, a
student confined by court order in a residential program or
facility operated by or under contract with the Texas Youth
Commission, Texas Juvenile Probation Commission, or any other
governmental entity, including a juvenile board, is not considered
to be a student of the school district in which the program or
facility is physically located. The performance of such a student
on an assessment instrument or other academic excellence indicator
adopted under Section 39.051 shall be determined, reported, and
considered separately from the performance of students attending a
school of the district in which the program or facility is
physically located.
[Sec. 39.0721. GOLD PERFORMANCE RATING PROGRAM. (a) In
addition to district and campus performance ratings reported under
Section 39.072, the commissioner shall develop a gold performance
rating program based on enhanced performance. The agency shall
administer the program.
[(b) Under the gold performance rating program, a district
or campus rated exemplary under Section 39.072 is eligible for an
exemplary gold rating, a district or campus rated recognized is
eligible for a recognized gold rating, and a district or campus
rated academically acceptable is eligible for an academically
acceptable gold rating.
[(c) The performance standards on which a gold performance
rating is based should include:
[(1) student proficiency on:
[(A) assessment instruments administered under
Sections 39.023(a), (c), and (l); and
[(B) other measures of proficiency determined by
the commissioner;
[(2) student performance on one or more nationally
recognized norm-referenced assessment instruments;
[(3) improvement in student performance;
[(4) in the case of middle or junior high school
campuses, student proficiency in mathematics, including algebra;
and
[(5) in the case of high school campuses:
[(A) the extent to which graduating students are
academically prepared to attend institutions of higher education;
[(B) the percentage of students who take advanced
placement tests and student performance on those tests; and
[(C) the percentage of students who take and
successfully complete advanced academic courses or college-level
course work offered through dual credit programs provided under
agreements between high schools and institutions of higher
education.
[(d) The commissioner may adopt rules as necessary to
implement and administer this section.
[Sec. 39.073. DETERMINING ACCREDITATION STATUS. (a) The
agency shall annually review the performance of each district and
campus on the indicators adopted under Sections 39.051(b)(1)
through (8) and determine if a change in the accreditation status of
the district is warranted. The commissioner may determine how all
indicators adopted under Section 39.051(b) may be used to determine
accountability ratings and to select districts and campuses for
acknowledgment.
[(b)] Each annual performance review under this section
shall include an analysis of the student achievement indicators
adopted under Section 39.053(c) [Sections 39.051(b)(1) through
(8)] to determine school district and campus performance in
relation to:
(1) standards established for each indicator; and
(2) required improvement as defined under Section
39.053(e) [39.051(c); and
[(3) comparable improvement as defined by Section
39.051(c)].
[(c) A district's accreditation rating may be raised or
lowered based on the district's performance or may be lowered based
on the unacceptable performance of one or more campuses in the
district.
[(d) The commissioner shall notify a district that is rated
academically unacceptable that the performance of the district or a
campus in the district is below each standard under Subsection (b)
and shall require the district to notify property owners and
parents in the district of the lowered accreditation rating and its
implication.
[(e) In determining a district's accreditation rating, the
agency shall consider:
[(1) the district's current special education
compliance status with the agency; and
[(2) the progress of students who have failed to
perform satisfactorily in the preceding school year on an
assessment instrument required under Section 39.023(a), (c), or
(l).]
(f) In the computation of dropout rates under Section
39.053(c)(2) [39.051(b)(2)], a student who is released from a
juvenile pre-adjudication secure detention facility or juvenile
post-adjudication secure correctional facility and fails to enroll
in school or a student who leaves a residential treatment center
after receiving treatment for fewer than 85 days and fails to enroll
in school may not be considered to have dropped out from the [campus
or] school district or campus serving the facility or center unless
that district or campus [or district] is the one to which the
student is regularly assigned. The agency may not limit an appeal
relating to dropout computations under this subsection.
Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT NOT
CONSIDERED FOR ACCOUNTABILITY PURPOSES. Notwithstanding any other
provision of this code, for purposes of determining the performance
of a school district or campus under this chapter, a student ordered
by a juvenile court into a residential program or facility operated
by or under contract with the Texas Youth Commission, the Texas
Juvenile Probation Commission, a juvenile board, or any other
governmental entity is not considered to be a student of the school
district in which the program or facility is physically located.
The performance of such a student on an assessment instrument or
other student achievement indicator adopted under Section 39.053 or
reporting indicator adopted under Section 39.301 shall be
determined, reported, and considered separately from the
performance of students attending a school of the district in which
the program or facility is physically located.
Sec. 39.056 [39.074]. ON-SITE INVESTIGATIONS. (a) The
commissioner may:
(1) direct the agency to conduct on-site
investigations of a school district at any time to answer any
questions concerning a program, including special education,
required by federal law or for which the district receives federal
funds; and
(2) [raise or lower the performance rating] as a
result of the investigation, change the accreditation status of a
district, change the accountability rating of a district or campus,
or withdraw a distinction designation under Subchapter G.
(b) The commissioner shall determine the frequency of
on-site investigations by the agency according to annual
comprehensive analyses of student performance and equity in
relation to the student achievement [academic excellence]
indicators adopted under Section 39.053 [39.051].
(c) In making an on-site accreditation investigation, the
investigators shall obtain information from administrators,
teachers, and parents of students enrolled in the school district.
The investigation may not be closed until information is obtained
from each of those sources. The State Board of Education shall
adopt rules for:
(1) obtaining information from parents and using that
information in the investigator's report; and
(2) obtaining information from teachers in a manner
that prevents a [campus or] district or campus from screening the
information.
(d) The agency shall give written notice to the
superintendent and the board of trustees of a school district of any
impending investigation of the district's accreditation.
(e) [If an annual review indicates low performance on one
or more of the indicators under Sections 39.051(b)(1) through (8)
of one or more campuses in a district, the agency may conduct an
on-site evaluation of those campuses only.
[(f)] The investigators shall report orally and in writing
to the board of trustees of the school district and, as appropriate,
to campus administrators and shall make recommendations concerning
any necessary improvements or sources of aid such as regional
education service centers.
Sec. 39.057 [39.075]. SPECIAL ACCREDITATION INVESTIGATIONS.
(a) The commissioner shall authorize special accreditation
investigations to be conducted:
(1) when excessive numbers of absences of students
eligible to be tested on state assessment instruments are
determined;
(2) when excessive numbers of allowable exemptions
from the required state assessment instruments are determined;
(3) in response to complaints submitted to the agency
with respect to alleged violations of civil rights or other
requirements imposed on the state by federal law or court order;
(4) in response to established compliance reviews of
the district's financial accounting practices and state and federal
program requirements;
(5) when extraordinary numbers of student placements
in disciplinary alternative education programs, other than
placements under Sections 37.006 and 37.007, are determined;
(6) in response to an allegation involving a conflict
between members of the board of trustees or between the board and
the district administration if it appears that the conflict
involves a violation of a role or duty of the board members or the
administration clearly defined by this code;
(7) when excessive numbers of students in special
education programs under Subchapter A, Chapter 29, are assessed
through assessment instruments developed or adopted under Section
39.023(b);
(8) in response to an allegation regarding or an
analysis using a statistical method result indicating a possible
violation of an assessment instrument security procedure
established under Section 39.0301, including for the purpose of
investigating or auditing a school district under that section;
[or]
(9) when a significant pattern of decreased academic
performance has developed as a result of the promotion in the
preceding two school years of students who did not perform
satisfactorily as determined by the commissioner under Section
39.0241(a) on assessment instruments administered under Section
39.023(a), (c), or (l);
(10) when excessive numbers of students graduate under
the minimum high school program;
(11) when excessive numbers of students eligible to
enroll fail to complete an Algebra II course or any other course
determined by the commissioner as distinguishing between students
participating in the recommended high school program from students
participating in the minimum high school program;
(12) when resource allocation practices as evaluated
under Section 39.0821 indicate a potential for significant
improvement in resource allocation; or
(13) as the commissioner otherwise determines
necessary.
(b) If the agency's findings in an investigation under
Subsection (a)(6) indicate that the board of trustees has observed
a lawfully adopted policy, the agency may not substitute its
judgment for that of the board.
(c) [(b-1)] The commissioner may authorize special
accreditation investigations to be conducted in response to
repeated complaints submitted to the agency concerning imposition
of excessive paperwork requirements on classroom teachers.
(d) [(c)] Based on the results of a special accreditation
investigation, the commissioner may:
(1) take appropriate action under Subchapter E [G];
(2) lower the school district's accreditation status
or a district's or campus's accountability rating; or
(3) take action under both Subdivisions (1) and (2).
(e) [(c) Based on the results of a special accreditation
investigation, the commissioner may lower the district's
accreditation rating and may take appropriate action under
Subchapter G.] Regardless of whether the commissioner lowers the
school district's accreditation status or a district's or campus's
performance rating under Subsection (d) [rating], the commissioner
may take action under Sections 39.102(a)(1) through (8) or Section
39.103 [39.131(a)(1) through (8)] if the commissioner determines
that the action is necessary to improve any area of a district's or
campus's performance, including the district's financial
accounting practices.
Sec. 39.058 [39.076]. CONDUCT OF INVESTIGATIONS. (a) The
agency shall adopt written procedures for conducting on-site
investigations under this subchapter. The agency shall make the
procedures available to the complainant, the alleged violator, and
the public. Agency staff must be trained in the procedures and must
follow the procedures in conducting the investigation.
(b) After completing an investigation, the agency shall
present preliminary findings to any person the agency finds has
violated a law, rule, or policy. Before issuing a report with its
final findings, the agency must provide a person the agency finds
has violated a law, rule, or policy an opportunity for an informal
review by the commissioner or a designated hearing examiner.
SUBCHAPTER D [I]. FINANCIAL ACCOUNTABILITY
Sec. 39.081 [39.201]. DEFINITIONS. In this subchapter:
(1) "Parent" includes a guardian or other person
having lawful control of a student.
(2) "System" means a [the] financial accountability
rating system developed under this subchapter.
Sec. 39.082 [39.202]. DEVELOPMENT AND IMPLEMENTATION. (a)
The commissioner shall, in consultation with the comptroller,
develop and implement separate [a] financial accountability rating
systems [system] for school districts and open-enrollment charter
schools in this state that:
(1) distinguish [distinguishes] among school
districts and distinguish among open-enrollment charter schools,
as applicable, based on levels of financial performance; and
(2) include [includes] procedures to:
(A) provide additional transparency to public
education finance; and
(B) enable the commissioner and school district
and open-enrollment charter school administrators to provide
meaningful financial oversight and improvement.
(b) The system must include uniform indicators adopted by
the commissioner by which to measure the [a district's] financial
management performance of a district or open-enrollment charter
school.
(c) The system may not include an indicator under Subsection
(b) or any other performance measure that:
(1) requires a school district to spend at least 65
percent or any other specified percentage of district operating
funds for instructional purposes; or
(2) lowers the financial management performance
rating of a school district for failure to spend at least 65 percent
or any other specified percentage of district operating funds for
instructional purposes.
Sec. 39.0821. COMPTROLLER REVIEW OF RESOURCE ALLOCATION
PRACTICES. (a) The comptroller shall identify school districts
and campuses that use resource allocation practices that contribute
to high academic achievement and cost-effective operations. In
identifying districts and campuses under this section, the
comptroller shall:
(1) evaluate existing academic accountability and
financial data by integrating the data;
(2) rank the results of the evaluation under
Subdivision (1) to identify the relative performance of districts
and campuses; and
(3) identify potential areas for district and campus
improvement.
(b) In reviewing resources allocation practices of
districts and campuses under this section, the comptroller shall
ensure resources are being used for the instruction of students by
evaluating:
(1) the operating cost for each student;
(2) the operating cost for each program; and
(3) the staffing cost for each student.
Sec. 39.0822. FINANCIAL SOLVENCY REVIEW REQUIRED. (a) The
agency shall develop a review process to anticipate the future
financial solvency of each school district. The review process
shall analyze:
(1) district revenues and expenditures for the
preceding school year; and
(2) projected district revenues and expenditures for
the current school year and the following two school years.
(b) In analyzing the information under Subsection (a), the
review process developed must consider, for the preceding school
year, the current school year, and the following two school years,
as appropriate:
(1) student-to-staff ratios relative to expenditures,
including average staff salaries;
(2) the rate of change in the district unreserved
general fund balance;
(3) the number of students enrolled in the district;
(4) the adopted tax rate of the district;
(5) any independent audit report prepared for the
district; and
(6) actual district financial information for the
first quarter.
(c) The agency shall consult school district financial
officers and public finance experts in developing the review
process under this section.
(d) The agency shall develop an electronic-based program
for school districts to use in submitting information to the agency
for purposes of this section. Each district shall update
information for purposes of the program within the period
prescribed by the commissioner. The commissioner shall adopt rules
under this subsection to allow a district to enter estimates of
critical data into the program before the district adopts its
budget. The program must:
(1) be capable of importing, to the extent
practicable, data a district has previously submitted to the
agency;
(2) include an entry space that allows a district to
enter information explaining any irregularity in data submitted;
and
(3) provide alerts for:
(A) a student-to-staff ratio that is
significantly outside the norm;
(B) a rapid depletion of the district general
fund balance; and
(C) a significant discrepancy between actual
budget figures and projected revenues and expenditures.
(e) An alert in the program developed under Subsection (d)
must be developed to notify the agency immediately on the
occurrence of a condition described by Subsection (d)(3). After
the agency is alerted, the agency shall immediately notify the
affected school district regarding the condition triggering the
alert.
Sec. 39.0823. PROJECTED DEFICIT. (a) If the review process
under Section 39.0822 indicates a projected deficit for a school
district general fund within the following three school years, the
district shall provide the agency interim financial reports,
supplemented by staff and student count data, as needed, to
evaluate the district's current budget status.
(b) If the interim financial data provided under Subsection
(a) substantiates the projected deficit, the school district shall
develop a financial plan and submit the plan to the agency for
approval. The agency may approve the plan only if the agency
determines the plan will permit the district to avoid the projected
insolvency.
(c) The commissioner shall assign a school district an
accredited-warned status if:
(1) the district fails to submit a plan as provided by
Subsection (b);
(2) the district fails to obtain approval from the
agency for a plan as provided by Subsection (b);
(3) the district fails to comply with a plan approved
by the agency under Subsection (b); or
(4) the agency determines in a subsequent school year,
based on financial data submitted by the district, that the
approved plan for the district is no longer sufficient or is not
appropriately implemented.
Sec. 39.083 [39.203]. REPORTING. (a) The commissioner
shall develop, as part of the system, a reporting procedure under
which:
(1) each school district is required to prepare and
distribute an annual financial management report; and
(2) the public is provided an opportunity to comment
on the report at a hearing.
(b) The annual financial management report must include:
(1) a description of the district's financial
management performance based on a comparison, provided by the
agency, of the district's performance on the indicators adopted
under Section 39.082(b) [39.202(b)] to:
(A) state-established standards; and
(B) the district's previous performance on the
indicators; [and]
(2) a description of the data submitted using the
electronic-based program developed under Section 39.0822; and
(3) any descriptive information required by the
commissioner.
(c) The report may include:
(1) information concerning the district's:
(A) financial allocations;
(B) tax collections;
(C) financial strength;
(D) operating cost management;
(E) personnel management;
(F) debt management;
(G) facility acquisition and construction
management;
(H) cash management;
(I) budgetary planning;
(J) overall business management;
(K) compliance with rules; and
(L) data quality; and
(2) any other information the board of trustees
determines to be necessary or useful.
(d) The board of trustees of each school district shall hold
a public hearing on the report. The board shall give notice of the
hearing to owners of real property in the district and to parents of
district students. In addition to other notice required by law,
notice of the hearing must be provided:
(1) to a newspaper of general circulation in the
district; and
(2) through electronic mail to media serving the
district.
(e) After the hearing, the report shall be disseminated in
the district in the manner prescribed by the commissioner.
Sec. 39.084. POSTING OF ADOPTED BUDGET. (a) On final
approval of the budget by the board of trustees, the school district
shall post on the district's Internet website a copy of the budget
adopted by the board of trustees. The district's Internet website
must prominently display the electronic link to the adopted budget.
(b) The district shall maintain the adopted budget on the
district's Internet website until the third anniversary of the date
the budget was adopted.
Sec. 39.085 [39.204]. RULES. The commissioner shall adopt
rules as necessary for the implementation and administration of
this subchapter.
SUBCHAPTER E [G]. ACCREDITATION INTERVENTIONS AND SANCTIONS
Sec. 39.102 [39.131]. INTERVENTIONS AND SANCTIONS FOR
DISTRICTS. (a) If a school district does not satisfy the
accreditation criteria under Section 39.052 [39.071], the academic
performance standards under Section 39.053 or 39.054 [39.072], or
any financial accountability standard as determined by
commissioner rule, the commissioner shall take any of the following
actions to the extent the commissioner determines necessary:
(1) issue public notice of the deficiency to the board
of trustees;
(2) order a hearing conducted by the board of trustees
of the district for the purpose of notifying the public of the
insufficient [unacceptable] performance, the improvements in
performance expected by the agency, and the interventions and
sanctions that may be imposed under this section if the performance
does not improve;
(3) order the preparation of a student achievement
improvement plan that addresses each student achievement [academic
excellence] indicator under Section 39.053(c) for which the
district's performance is insufficient [unacceptable], the
submission of the plan to the commissioner for approval, and
implementation of the plan;
(4) order a hearing to be held before the commissioner
or the commissioner's designee at which the president of the board
of trustees of the district and the superintendent shall appear and
explain the district's low performance, lack of improvement, and
plans for improvement;
(5) arrange an on-site investigation of the district;
(6) appoint an agency monitor to participate in and
report to the agency on the activities of the board of trustees or
the superintendent;
(7) appoint a conservator to oversee the operations of
the district;
(8) appoint a management team to direct the operations
of the district in areas of insufficient [unacceptable] performance
or require the district to obtain certain services under a contract
with another person;
(9) if a district has a current accreditation status
of accredited-warned or accredited-probation, fails to satisfy any
standard under Section 39.054(e) [is rated academically
unacceptable], or fails to satisfy financial accountability
standards as determined by commissioner rule, appoint a board of
managers to exercise the powers and duties of the board of trustees;
(10) if for two consecutive school years, including
the current school year, a district has received an accreditation
status of accredited-warned or accredited-probation, has failed to
satisfy any standard under Section 39.054(e) [been rated
academically unacceptable], or has failed to satisfy financial
accountability standards as determined by commissioner rule,
revoke the district's accreditation and:
(A) order closure of the district and annex the
district to one or more adjoining districts under Section 13.054;
or
(B) in the case of a home-rule school district or
open-enrollment charter school, order closure of all programs
operated under the district's or school's charter; or
(11) if a district has failed to satisfy any standard
under Section 39.054(e) [been rated academically unacceptable for
two consecutive school years, including the current school year,]
due to the district's dropout rates, impose sanctions designed to
improve high school completion rates, including:
(A) ordering the development of a dropout
prevention plan for approval by the commissioner;
(B) restructuring the district or appropriate
school campuses to improve identification of and service to
students who are at risk of dropping out of school, as defined by
Section 29.081;
(C) ordering lower student-to-counselor ratios
on school campuses with high dropout rates; and
(D) ordering the use of any other intervention
strategy effective in reducing dropout rates, including mentor
programs and flexible class scheduling.
(b) This subsection applies regardless of whether a
district has satisfied the accreditation criteria. If for two
consecutive school years, including the current school year, a
district has had a conservator or management team assigned, the
commissioner may appoint a board of managers, a majority of whom
must be residents of the district, to exercise the powers and duties
of the board of trustees.
Sec. 39.103 [39.132]. INTERVENTIONS AND SANCTIONS FOR
[ACADEMICALLY UNACCEPTABLE] CAMPUSES. (a) If a campus performance
is below any standard under Section 39.054(e), the commissioner
[39.073(b), the campus is considered an academically unacceptable
campus. The commissioner may permit the campus to participate in an
innovative redesign of the campus to improve campus performance or]
shall take [any of the other following] actions, to the extent the
commissioner determines necessary, as provided by this subchapter.
(b) For a campus described by Subsection (a), the
commissioner, to the extent the commissioner determines necessary,
may:
(1) [issue public notice of the deficiency to the
board of trustees;
[(2) order a hearing conducted by the board of
trustees at the campus for the purpose of:
[(A) notifying the public of the unacceptable
performance, the improvements in performance expected by the
agency, and the sanctions that may be imposed under this section if
the performance does not improve within a designated period of
time; and
[(B) soliciting public comment on the initial
steps being taken to improve performance;
[(3) order the preparation of a report regarding the
parental involvement program at the campus and a plan describing
strategies for improving parental involvement at the campus;
[(4) order the preparation of a report regarding the
effectiveness of the district- and campus-level planning and
decision-making committees established under Subchapter F, Chapter
11, and a plan describing strategies for improving the
effectiveness of those committees;
[(5) order the preparation of a student improvement
plan that addresses each academic excellence indicator for which
the campus's performance is unacceptable, the submission of the
plan to the commissioner for approval, and implementation of the
plan;
[(6)] order a hearing to be held before the
commissioner or the commissioner's designee at which the president
of the board of trustees, the superintendent, and the campus
principal shall appear and explain the campus's low performance,
lack of improvement, and plans for improvement; or
(2) establish a school community partnership team
composed of members of the campus-level planning and
decision-making committee established under Section 11.251 and
additional community representatives as determined appropriate by
the commissioner
[(7) appoint a campus intervention team under Section
39.1322].
(c) Notwithstanding the provisions of this subchapter, if
the commissioner determines that a campus subject to interventions
or sanctions under this subchapter has implemented substantially
similar intervention measures under federal accountability
requirements, the commissioner may accept the substantially
similar intervention measures as measures in compliance with this
subchapter.
Sec. 39.104 [39.1321]. INTERVENTIONS AND SANCTIONS FOR
CHARTER SCHOOLS. (a) Interventions and sanctions [Sanctions]
authorized under this chapter for a school district or campus apply
in the same manner to an open-enrollment charter school.
(b) The commissioner shall adopt rules to implement
procedures to impose any intervention or sanction provision under
this chapter as those provisions relate to open-enrollment charter
schools.
(c) In adopting rules under this section, the commissioner
shall require that the charter of an open-enrollment charter
school:
(1) be automatically revoked if the charter school is
ordered closed under this chapter; and
(2) be automatically modified to remove authorization
for an individual campus if the campus is ordered closed under this
chapter.
(d) If interventions or sanctions are imposed on an
open-enrollment charter school under the procedures provided by
this chapter, a charter school is not entitled to an additional
hearing relating to the modification, placement on probation,
revocation, or denial of renewal of a charter as provided by
Subchapter D, Chapter 12.
Sec. 39.105 [39.1322]. [TECHNICAL ASSISTANCE AND] CAMPUS
IMPROVEMENT PLAN [INTERVENTION TEAMS]. (a) This section applies
if [If] a campus performance satisfies performance standards under
Section 39.054(e) [is rated academically acceptable] for the
current school year but would not satisfy performance standards
under Section 39.054(e) [be rated as academically unacceptable] if
the [performance] standards to be used for the following school
year were applied to the current school year. On request of[,] the
commissioner, the campus-level committee established under Section
11.251 shall revise and submit to the commissioner in an electronic
format the portions of the campus improvement plan developed under
Section 11.253 that are relevant to those areas for which the campus
would not satisfy performance standards [select and assign a
technical assistance team to assist the campus in executing a
school improvement plan and any other school improvement strategies
the commissioner determines appropriate. The commissioner may
waive the requirement to assign a technical assistance team under
this subsection if the improvement in performance standards among
all student groups, including special populations, over the
preceding three years indicates that the campus is likely to be
rated academically acceptable in the following school year].
(b) If the [a] campus to which this section applies is an
open-enrollment charter school, the school shall establish a
campus-level planning and decision-making committee as provided
for through procedures as much as practicable the same as those
provided by Sections 11.251(b)-(e) and develop a campus improvement
plan as provided by Section 11.253. On request of the commissioner,
the school shall submit to the commissioner in an electronic format
the portions of the campus improvement plan that are relevant to
those areas for which the campus would not satisfy performance
standards [has been identified as academically unacceptable under
Section 39.132, the commissioner shall appoint a campus
intervention team.
[(c) To the extent practicable, the commissioner shall
select and assign the technical assistance team under Subsection
(a) or the campus intervention team under Subsection (b) before the
first day of instruction for the school year.
[(d) The commissioner may determine when the services of a
technical assistance team or campus intervention team are no longer
needed at a campus under this section].
Sec. 39.106 [39.1323]. CAMPUS INTERVENTION TEAM
[PROCEDURES]. (a) If a campus performance is below any standard
under Section 39.054(e), the commissioner shall assign a campus
intervention team. A campus intervention team shall:
(1) conduct, with the involvement and advice of the
school community partnership team, if applicable:
(A) a targeted [comprehensive] on-site needs
assessment relevant to an area of insufficient performance
[evaluation] of the campus as provided by Subsection (b) [to
determine the cause for the campus's low performance and lack of
progress]; or
(B) if the commissioner determines necessary, a
comprehensive on-site needs assessment, using the procedures
provided by Subsection (b);
(2) recommend appropriate actions as provided by
Subsection (c)[, including reallocation of resources and technical
assistance, changes in school procedures or operations, staff
development for instructional and administrative staff,
intervention for individual administrators or teachers, waivers
from state statute or rule, or other actions the team considers
appropriate];
(3) assist in the development of a targeted [school]
improvement plan [for student achievement]; [and]
(4) assist the campus in submitting the targeted
improvement plan to the board of trustees for approval and
presenting the plan in a public hearing as provided by Subsection
(e-1); and
(5) assist the commissioner in monitoring the progress
of the campus in implementing the targeted [school] improvement
plan [for improvement of student achievement].
(b) An [A campus intervention team assigned under Section
39.1322 to a campus shall conduct a comprehensive] on-site needs
assessment of the campus under Subsection (a) must [to] determine
the contributing education-related and other [causal] factors
resulting in the campus's low performance and lack of progress. The
team shall use all of the following guidelines and procedures
relevant to each area of insufficient performance in conducting a
targeted on-site needs assessment and shall use each of the
following guidelines and procedures in conducting a [the]
comprehensive on-site needs assessment [of the campus]:
(1) an assessment of the staff to determine the
percentage of certified teachers who are teaching in their field,
the percentage of teachers who are fully certified, the number of
teachers with more [less] than three years of experience, and
teacher retention [turnover] rates;
(2) compliance with the appropriate class-size rules
and number of class-size waivers received;
(3) an assessment of the quality, quantity, and
appropriateness of instructional materials, including the
availability of technology-based instructional materials;
(4) a report on the parental involvement strategies
and the effectiveness of the strategies;
(5) an assessment of the extent and quality of the
mentoring program provided for new teachers on the campus and
provided for experienced teachers on the campus who have less than
two years of teaching experience in the subject or grade level to
which the teacher is assigned;
(6) an assessment of the type and quality of the
professional development provided to the staff;
(7) a demographic analysis of the student population,
including student demographics, at-risk populations, and special
education percentages;
(8) a report of disciplinary incidents and school
safety information;
(9) financial and accounting practices;
(10) an assessment of the appropriateness of the
curriculum and teaching strategies; [and]
(11) a comparison of the findings from Subdivisions
(1) through (10) to other campuses serving the same grade levels
within the district or to other campuses within the campus's
comparison group if there are no other campuses within the district
serving the same grade levels as the campus; and
(12) any other research-based data or information
obtained from a data collection process that would assist the
campus intervention team in:
(A) recommending an action under Subsection (c);
and
(B) executing a targeted [school] improvement
plan under Subsection (d-3) [(d)].
(c) On completing the on-site needs assessment [evaluation]
under this section, the campus intervention team shall, with the
involvement and advice of the school community partnership team, if
applicable, recommend actions relating to any area of insufficient
performance, including:
(1) reallocation of resources;
(2) technical assistance;
(3) changes in school procedures or operations;
(4) staff development for instructional and
administrative staff;
(5) intervention for individual administrators or
teachers;
(6) waivers from state statutes or rules; [or]
(7) teacher recruitment or retention strategies and
incentives provided by the district to attract and retain teachers
with the characteristics included in Subsection (b)(1); or
(8) other actions the campus intervention team
considers appropriate.
(d) The campus intervention team shall assist the campus in
submitting the targeted improvement plan to the commissioner for
approval.
(d-1) The commissioner may authorize a school community
partnership team established under this subchapter to supersede the
authority of and satisfy the requirements of establishing and
maintaining a campus-level planning and decision-making committee
under Subchapter F, Chapter 11.
(d-2) The commissioner may authorize a targeted improvement
plan or updated plan developed under this subchapter to supersede
the provisions of and satisfy the requirements of developing,
reviewing, and revising a campus improvement plan under Subchapter
F, Chapter 11.
(d-3) In executing the targeted [a school] improvement plan
[developed under Subsection (a)(3)], the campus intervention team
shall, if appropriate:
(1) assist the campus in implementing research-based
practices for curriculum development and classroom instruction,
including bilingual education and special education programs[, if
appropriate,] and financial management;
(2) provide research-based technical assistance,
including data analysis, academic deficiency identification,
intervention implementation, and budget analysis, to strengthen
and improve the instructional programs at the campus; and
(3) require the district to develop a teacher
recruitment and retention plan to address the qualifications and
retention of the teachers at the campus [submit the school
improvement plan to the commissioner for approval].
(e) For each year a campus is assigned an unacceptable
performance rating, a [A] campus intervention team shall [appointed
under Section 39.1322(b)]:
(1) [shall] continue to work with a campus until:
(A) the campus satisfies all performance
standards under Section 39.054(e) [is rated academically
acceptable] for a two-year period; or
(B) the campus satisfies all performance
standards under Section 39.054(e) [is rated academically
acceptable] for a one-year period and the commissioner determines
that the campus is operating and will continue to operate in a
manner that improves student achievement; [and]
(2) assist in updating the targeted improvement plan
to identify and analyze areas of growth and areas that require
improvement; and
(3) submit each updated plan described by Subdivision
(2) to the board of trustees of the school district [may continually
update the school improvement plan, with approval from the
commissioner, to meet the needs of the campus].
(e-1) After a targeted improvement plan or updated plan is
submitted to the board of trustees of the school district, the
board:
(1) shall conduct a hearing for the purpose of:
(A) notifying the public of the insufficient
performance, the improvements in performance expected by the
agency, and the intervention measures or sanctions that may be
imposed under this subchapter if the performance does not improve
within a designated period; and
(B) soliciting public comment on the targeted
improvement plan or any updated plan;
(2) must post the targeted improvement plan on the
district's Internet website before the hearing;
(3) may conduct one hearing relating to one or more
campuses subject to a targeted improvement plan or an updated plan;
and
(4) shall submit the targeted improvement plan or any
updated plan to the commissioner for approval.
(f) Notwithstanding any other provision of this subchapter,
if the commissioner determines that a campus for which an
intervention is ordered under Subsection (a) [Section 39.1322(b)]
is not fully implementing the campus intervention team's
recommendations or targeted [school] improvement plan or updated
plan, the commissioner may order the reconstitution of the campus
as provided by Section 39.107.
Sec. 39.107 [39.1324]. RECONSTITUTION, REPURPOSING,
ALTERNATIVE MANAGEMENT, AND CLOSURE [MANDATORY SANCTIONS]. (a)
After [If] a campus has been identified as [academically]
unacceptable for two consecutive school years, [including the
current school year,] the commissioner shall order the
reconstitution of the campus [and assign a campus intervention
team].
(a-1) In reconstituting a [the] campus, a campus
intervention team shall assist the campus in:
(1) developing an updated targeted [a school]
improvement plan;
(2) submitting the updated targeted improvement plan
to the board of trustees of the school district for approval and
presenting the plan in a public hearing as provided by Section
39.106(e-1);
(3) [(2)] obtaining approval of the updated plan from
the commissioner; and
(4) [(3)] executing the plan on approval by the
commissioner.
(b) The campus intervention team shall decide which
educators may be retained at that campus. A principal who has been
employed by the campus in that capacity during the full [two-year]
period described by Subsection (a) may not be retained at that
campus unless the campus intervention team determines that
retention of the principal would be more beneficial to the student
achievement and campus stability than removal.
(b-1) A teacher of a subject assessed by an assessment
instrument under Section 39.023 may be retained only if the campus
intervention team determines that a pattern exists of significant
academic improvement by students taught by the teacher. If an
educator is not retained, the educator may be assigned to another
position in the district.
(b-2) For each year that a campus is considered to have an
unacceptable performance rating, a campus intervention team shall:
(1) assist in updating the targeted improvement plan
to identify and analyze areas of growth and areas that require
improvement;
(2) submit the updated plan to:
(A) the board of trustees of the school district;
and
(B) the parents of campus students; and
(3) assist in submitting the updated plan to the
commissioner for approval.
(c) A campus subject to Subsection (a) shall implement the
updated targeted [school] improvement plan as approved by the
commissioner. The commissioner may appoint a monitor, conservator,
management team, or [a] board of managers to the district to ensure
and oversee district-level support to low-performing campuses and
the implementation of the updated targeted [school] improvement
plan. In making appointments under this subsection, the
commissioner shall consider individuals who have demonstrated
success in managing campuses with student populations similar to
the campus at which the individual appointed will serve.
(d) If [Notwithstanding any other provision of this
subchapter, if] the commissioner determines that the [a] campus
[subject to Subsection (a)] is not fully implementing the updated
targeted [school] improvement plan or if the students enrolled at
the campus fail to demonstrate substantial improvement in the areas
targeted by the updated plan, the commissioner may order:
(1) repurposing of the campus under this section;
(2) [pursue] alternative management of the campus
under this section; [Section 39.1327] or
(3) [may order] closure of the campus.
(e) [If a campus is considered an academically unacceptable
campus for the subsequent school year after the campus is
reconstituted under this section, the commissioner shall review the
progress of the campus and may order closure of the campus or pursue
alternative management under Section 39.1327.
[(f)] If a campus is considered to have an unacceptable
performance rating [considered academically unacceptable] for
three [two] consecutive school years after the campus is
reconstituted under Subsection (a), the commissioner shall order:
(1) repurposing of the campus under this section;
(2) alternative management of the campus under this
section; or
(3) closure of the campus [or pursue alternative
management under Section 39.1327].
(e-1) The commissioner may waive the requirement to enter an
order under Subsection (e) for not more than one school year if the
commissioner determines that, on the basis of significant
improvement in student performance over the preceding two school
years, the campus is likely to be assigned an acceptable
performance rating for the following school year.
(f) If the commissioner orders repurposing of a campus, the
school district shall develop a comprehensive plan for repurposing
the campus and submit the plan to the board of trustees for
approval, using the procedures described by Section 39.106(e-1),
and to the commissioner for approval. The plan must include a
description of a rigorous and relevant academic program for the
campus. The plan may include various instructional models. The
commissioner may not approve the repurposing of a campus unless:
(1) all students in the assigned attendance zone of
the campus in the school year immediately preceding the repurposing
of the campus are provided with the opportunity to enroll in and are
provided transportation on request to another campus, unless the
commissioner grants an exception because there is no other campus
in the district in which the students may enroll;
(2) the principal is not retained at the campus,
unless the commissioner determines that students enrolled at the
campus have demonstrated significant academic improvement; and
(3) teachers employed at the campus in the school year
immediately preceding the repurposing of the campus are not
retained at the campus, unless the commissioner or the
commissioner's designee grants an exception, at the request of a
school district, for:
(A) a teacher who provides instruction in a
subject other than a subject for which an assessment instrument is
administered under Section 39.023(a) or (c) who demonstrates to the
commissioner satisfactory performance; or
(B) a teacher who provides instruction in a
subject for which an assessment instrument is administered under
Section 39.023(a) or (c) if the district demonstrates that the
students of the teacher demonstrated satisfactory performance or
improved academic growth on that assessment instrument.
(g) If an educator is not retained under Subsection (f), the
educator may be assigned to another position in the district.
(h) If the commissioner orders alternative management under
this section, the [Sec. 39.1327. MANAGEMENT OF CERTAIN
ACADEMICALLY UNACCEPTABLE CAMPUSES. (a) A campus may be subject
to this section if the campus has been identified as academically
unacceptable under Section 39.132 and the commissioner orders
alternative management under Section 39.1324(d), (e), or (f).
[(b) The] commissioner shall solicit proposals from
qualified nonprofit entities to assume management of a campus
subject to this section or may appoint to assume management of a
campus subject to this section a school district other than the
district in which the campus is located that is located in the
boundaries of the same regional education service center as the
campus is located. The commissioner may solicit proposals from
qualified for-profit entities to assume management of a campus
subject to this section if a nonprofit entity has not responded to
the commissioner's request for proposals. A district appointed
under this section shall assume management of a campus subject to
this section in the same manner provided by this section for a
qualified [nonprofit] entity or in accordance with commissioner
rule.
(i) [(c)] If the commissioner determines that the basis for
the unsatisfactory performance of [identifying] a campus for more
than two consecutive school years [as academically unacceptable] is
limited to a specific condition that may be remedied with targeted
technical assistance, the commissioner may[:
[(1) provide the campus a one-year waiver under this
section; and
[(2)] require the district to contract for the
appropriate technical assistance.
(j) [(d)] The commissioner may annually solicit proposals
under this section for the management of a campus subject to this
section. The commissioner shall notify a qualified [nonprofit]
entity that has been approved as a provider under this section. The
district must execute a contract with an approved provider and
relinquish control of the campus before January 1 of the school
year.
(k) [(e)] To qualify for consideration as a managing entity
under this section, the entity must submit a proposal that provides
information relating to the entity's management and leadership team
that will participate in management of the campus under
consideration, including information relating to individuals that
have:
(1) documented success in whole school interventions
that increased the educational and performance levels of students
in [academically unacceptable] campuses considered to have an
unacceptable performance rating;
(2) a proven record of effectiveness with programs
assisting low-performing students;
(3) a proven ability to apply research-based school
intervention strategies;
(4) a proven record of financial ability to perform
under the management contract; and
(5) any other experience or qualifications the
commissioner determines necessary.
(l) [(f)] In selecting a managing entity under this
section, the commissioner shall give preference to a qualified
[nonprofit] entity that:
(1) meets any qualifications under this section; and
(2) has documented success in educating students from
similar demographic groups and with similar educational needs as
the students who attend the campus that is to be operated by a
managing entity under this section.
(m) [(g)] The school district may negotiate the term of a
management contract for not more than five years with an option to
renew the contract. The management contract must include a
provision describing the district's responsibilities in supporting
the operation of the campus. The commissioner shall approve the
contract before the contract is executed and, as appropriate, may
require the district, as a term of the contract, to support the
campus in the same manner as the district was required to support
the campus before the execution of the management contract.
(n) [(h)] A management contract under this section shall
include provisions approved by the commissioner that require the
managing entity to demonstrate improvement in campus performance,
including negotiated performance measures. The performance
measures must be consistent with the priorities of this chapter.
The commissioner shall evaluate a managing entity's performance on
the first and second anniversaries of the date of the management
contract. If the evaluation fails to demonstrate improvement as
negotiated under the contract by the first anniversary of the date
of the management contract, the district may terminate the
management contract, with the commissioner's consent, for
nonperformance or breach of contract and select another provider
from an approved list provided by the commissioner. If the
evaluation fails to demonstrate significant improvement, as
determined by the commissioner, by the second anniversary of the
date of the management contract, the district shall terminate the
management contract and select another provider from an approved
list provided by the commissioner or resume operation of the campus
if approved by the commissioner. If the commissioner approves the
district's operation of the campus, the commissioner shall assign a
technical assistance team to assist the campus.
(o) [(i)] Notwithstanding any other provision of this code,
the funding for a campus operated by a managing entity must be not
less than the funding of the other campuses in the district on a per
student basis so that the managing entity receives at least the same
funding the campus would otherwise have received.
(p) [(j)] Each campus operated by a managing entity under
this section is subject to this chapter in the same manner as any
other campus in the district.
(q) [(k)] The commissioner may adopt rules necessary to
implement this section.
(r) [(l)] With respect to the management of a campus under
this section:
(1) a managing entity is considered to be a
governmental body for purposes of Chapters 551 and 552, Government
Code; and
(2) any requirement in Chapter 551 or 552, Government
Code, that applies to a school district or the board of trustees of
a school district applies to a managing entity.
Sec. 39.108 [39.133]. ANNUAL REVIEW. The commissioner
shall review annually the performance of a district or campus
subject to this subchapter to determine the appropriate actions to
be implemented under this subchapter. The commissioner must review
at least annually the performance of a district for which the
accreditation status or rating has been lowered due to insufficient
[unacceptable] student performance and may not raise the
accreditation status or rating until the district has demonstrated
improved student performance. If the review reveals a lack of
improvement, the commissioner shall increase the level of state
intervention and sanction unless the commissioner finds good cause
for maintaining the current status.
Sec. 39.109 [39.1331]. ACQUISITION OF PROFESSIONAL
SERVICES. In addition to other interventions and sanctions
authorized under this subchapter [Sections 39.131 and 39.132], the
commissioner may order a school district or campus to acquire
professional services at the expense of the district or campus to
address the applicable financial, assessment, data quality,
program, performance, or governance deficiency. The
commissioner's order may require the district or campus to:
(1) select or be assigned an external auditor, data
quality expert, professional authorized to monitor district
assessment instrument administration, or curriculum or program
expert; or
(2) provide for or participate in the appropriate
training of district staff or board of trustees members in the case
of a district, or campus staff, in the case of a campus.
Sec. 39.110 [39.134]. COSTS PAID BY DISTRICT. The costs of
providing a monitor, conservator, management team, campus
intervention team, technical assistance team, managing entity, or
service provider under this subchapter [Section 39.1327, or service
provider under Section 39.1331] shall be paid by the district. If
the district fails or refuses to pay the costs in a timely manner,
the commissioner may:
(1) pay the costs using amounts withheld from any
funds to which the district is otherwise entitled; or
(2) recover the amount of the costs in the manner
provided for recovery of an overallocation of state funds under
Section 42.258.
Sec. 39.111 [39.135]. CONSERVATOR OR MANAGEMENT TEAM. (a)
The commissioner shall clearly define the powers and duties of a
conservator or management team appointed to oversee the operations
of the district.
(b) At least every 90 days, the commissioner shall review
the need for the conservator or management team and shall remove the
conservator or management team unless the commissioner determines
that continued appointment is necessary for effective governance of
the district or delivery of instructional services.
(c) A conservator or management team, if directed by the
commissioner, shall prepare a plan for the implementation of action
under Section 39.102(a)(9) [39.131(a)(9)] or (10). The conservator
or management team:
(1) may direct an action to be taken by the principal
of a campus, the superintendent of the district, or the board of
trustees of the district;
(2) may approve or disapprove any action of the
principal of a campus, the superintendent of the district, or the
board of trustees of the district;
(3) may not take any action concerning a district
election, including ordering or canceling an election or altering
the date of or the polling places for an election;
(4) may not change the number of or method of selecting
the board of trustees;
(5) may not set a tax rate for the district; and
(6) may not adopt a budget for the district that
provides for spending a different amount, exclusive of required
debt service, from that previously adopted by the board of
trustees.
Sec. 39.112 [39.136]. BOARD OF MANAGERS. (a) A board of
managers may exercise all of the powers and duties assigned to a
board of trustees of a school district by law, rule, or regulation.
This subchapter applies to a district governed by a board of
managers in the same manner that this subchapter applies to any
other district.
(b) If the commissioner appoints a board of managers to
govern a district, the powers of the board of trustees of the
district are suspended for the period of the appointment and the
commissioner shall appoint a district superintendent.
Notwithstanding any other provision of this code, the board of
managers may amend the budget of the district.
(c) If the commissioner appoints a board of managers to
govern a campus, the powers of the board of trustees of the district
in relation to the campus are suspended for the period of the
appointment and the commissioner shall appoint a campus principal.
Notwithstanding any other provision of this code, the board of
managers may submit to the commissioner for approval amendments to
the budget of the district for the benefit of the campus. If the
commissioner approves the amendments, the board of trustees of the
district shall adopt the amendments.
(d) A conservator or a member of a management team appointed
to serve on a board of managers may continue to be compensated as
determined by the commissioner.
(e) At the direction of the commissioner but not later than
the second anniversary of the date the board of managers of a
district was appointed, the board of managers shall order an
election of members of the district board of trustees. The election
must be held on a uniform election date on which an election of
district trustees may be held under Section 41.001, Election Code,
that is at least 180 days after the date the election was ordered.
On qualification of members for office, the board of trustees
assumes all of the powers and duties assigned to a board of trustees
by law, rule, or regulation.
Sec. 39.113 [39.137]. [SPECIAL] CAMPUS INTERVENTION TEAM.
A [special] campus intervention team appointed under this
subchapter may consist of teachers, principals, other educational
professionals, and superintendents recognized for excellence in
their roles and appointed by the commissioner to serve as members of
a team.
Sec. 39.114 [39.138]. IMMUNITY FROM CIVIL LIABILITY. An
employee, volunteer, or contractor acting on behalf of the
commissioner under this subchapter is immune from civil liability
to the same extent as a professional employee of a school district
under Section 22.051.
Sec. 39.115. CAMPUS NAME CHANGE PROHIBITED. In
reconstituting, repurposing, or imposing any other intervention or
sanction on a campus under this subchapter, the commissioner may
not require that the name of the campus be changed.
Sec. 39.116. TRANSITIONAL INTERVENTIONS AND SANCTIONS. (a)
During the period of transition to the accreditation system
established under H.B. No. 3, Acts of the 81st Legislature, Regular
Session, 2009, to be implemented in August 2013, the commissioner
may suspend assignment of accreditation statuses and performance
ratings for the 2011-2012 school year.
(b) As soon as practicable following the 2011-2012 school
year, the commissioner shall report district and campus performance
under the student achievement indicators under Sections
39.053(c)(1)(A) and (B).
(c) For the 2012-2013 school year, the commissioner shall:
(1) report district and campus performance under the
student achievement indicator under Section 39.053(c)(1)(B); and
(2) evaluate district and campus performance under the
student achievement indicator under Section 39.053(c)(1)(A) and
assign district accreditation statuses and district and campus
performance ratings based on that evaluation.
(d) Beginning with the 2013-2014 school year, the
commissioner shall evaluate district and campus performance under
the student achievement indicators under Sections 39.053(c)(1)(A)
and (B) and assign district accreditation statuses and district and
campus performance ratings based on that evaluation.
(e) During the 2011-2012 and 2012-2013 school years, the
commissioner shall continue to implement interventions and
sanctions for districts and campuses identified as having
unacceptable performance in the 2010-2011 school year in accordance
with the performance standards applicable during the 2010-2011
school year and may increase or decrease the level of interventions
and sanctions based on an evaluation of the district's or campus's
performance.
(f) For purposes of determining multiple years of
unacceptable performance and required district and campus
interventions and sanctions under this subchapter, the performance
ratings and accreditation statuses issued in the 2010-2011 and
2012-2013 school years shall be considered consecutive.
(g) This section expires September 1, 2014.
SUBCHAPTER F [K]. PROCEDURES FOR CHALLENGE OF ACCOUNTABILITY
DETERMINATION, INTERVENTION, [RATING] OR SANCTION
Sec. 39.151 [39.301]. REVIEW BY COMMISSIONER:
ACCOUNTABILITY DETERMINATION [RATINGS]. (a) The commissioner by
rule shall provide a process for a school district or
open-enrollment charter school to challenge an agency decision made
under this chapter relating to an academic or financial
accountability rating that affects the district or school.
(b) The rules under Subsection (a) must provide for the
commissioner to appoint a committee to make recommendations to the
commissioner on a challenge made to an agency decision relating to
an academic performance rating or determination or financial
accountability rating. The commissioner may not appoint an agency
employee as a member of the committee.
(c) The commissioner may limit a challenge under this
section to a written submission of any issue identified by the
school district or open-enrollment charter school challenging the
agency decision.
(d) The commissioner shall make a final decision under this
section after considering the recommendation of the committee
described by Subsection (b). The commissioner's decision may not
be appealed under Section 7.057 or other law.
(e) A school district or open-enrollment charter school may
not challenge an agency decision relating to an academic or
financial accountability rating under this chapter in another
proceeding if the district or school has had an opportunity to
challenge the decision under this section.
Sec. 39.152 [39.302]. REVIEW BY STATE OFFICE OF
ADMINISTRATIVE HEARINGS: SANCTIONS. (a) A school district or
open-enrollment charter school that intends to challenge a decision
by the commissioner under this chapter to close the district or a
district campus or the charter school or to pursue alternative
management of a district campus or the charter school must appeal
the decision under the procedures provided for a contested case
under Chapter 2001, Government Code.
(b) A challenge to a decision under this section is under
the substantial evidence rule as provided by Subchapter G, Chapter
2001, Government Code.
(c) Notwithstanding other law:
(1) the State Office of Administrative Hearings shall
provide an expedited review of a challenge under this section;
(2) the administrative law judge shall issue a final
order not later than the 30th day after the date on which the
hearing is finally closed; and
(3) the decision of the administrative law judge is
final and may not be appealed.
SUBCHAPTER G. DISTINCTION DESIGNATIONS
Sec. 39.201. DISTINCTION DESIGNATIONS. Not later than
August 8 of each year, the commissioner shall award distinction
designations under this subchapter. A district or campus may not be
awarded a distinction designation under this subchapter unless the
district or campus has acceptable performance under Section 39.054.
Sec. 39.202. ACADEMIC EXCELLENCE DISTINCTION DESIGNATION
FOR DISTRICTS AND CAMPUSES. The commissioner by rule shall
establish a recognized and exemplary rating for awarding districts
and campuses an academic distinction designation under this
subchapter. In establishing the recognized and exemplary ratings,
the commissioner shall adopt criteria for the ratings, including:
(1) percentages of students who:
(A) performed satisfactorily, as determined
under the college readiness performance standard under Section
39.0241, on assessment instruments required under Section
39.023(a), (b), (c), or (l), aggregated across grade levels by
subject area; or
(B) met the standard for annual improvement, as
determined by the agency under Section 39.034, on assessment
instruments required under Section 39.023(a), (b), (c), or (l),
aggregated across grade levels by subject area, for students who
did not perform satisfactorily as described by Paragraph (A); and
(2) other factors for determining sufficient student
attainment of postsecondary readiness.
Sec. 39.203. CAMPUS DISTINCTION DESIGNATIONS. (a) The
commissioner shall award a campus a distinction designation if the
campus is ranked in the top 25 percent of campuses in the state in
annual improvement in student achievement as determined under
Section 39.034.
(b) In addition to the distinction designation described by
Subsection (a), the commissioner shall award a campus a distinction
designation if the campus demonstrates an ability to significantly
diminish or eliminate performance differentials between student
subpopulations and is ranked in the top 25 percent of campuses in
this state under the performance criteria described by this
subsection. The commissioner shall adopt rules related to the
distinction designation under this subsection to ensure that a
campus does not artificially diminish or eliminate performance
differentials through inhibiting the achievement of the highest
achieving student subpopulation.
(c) In addition to the distinction designations described
by Subsections (a) and (b), a campus that satisfies the criteria
developed under Section 39.204 shall be awarded a distinction
designation by the commissioner for the following programs or the
following specific categories of performance:
(1) academic achievement in English language arts,
mathematics, science, or social studies;
(2) fine arts;
(3) physical education;
(4) 21st Century Workforce Development program; and
(5) second language acquisition program.
Sec. 39.204. CAMPUS DISTINCTION DESIGNATION CRITERIA;
COMMITTEES. (a) The commissioner by rule shall establish:
(1) standards for considering campuses for
distinction designations under Section 39.203(c); and
(2) methods for awarding distinction designations to
campuses.
(b) In adopting rules under this section, the commissioner
shall establish a separate committee to develop criteria for each
distinction designation under Section 39.203(c).
(c) Each committee established under this section must
include:
(1) individuals who practice as professionals in the
content area relevant to the distinction designation, as
applicable;
(2) individuals with subject matter expertise in the
content area relevant to the distinction designation;
(3) educators with subject matter expertise in the
content area relevant to the distinction designation; and
(4) community leaders, including leaders from the
business community.
(d) For each committee, the governor, lieutenant governor,
and speaker of the house of representatives may each appoint a
person described by each subdivision of Subsection (c).
(e) In developing criteria for distinction designations
under this section, each committee shall:
(1) identify a variety of indicators for measuring
excellence; and
(2) consider categories for distinction designations,
with criteria relevant to each category, based on:
(A) the level of a program, whether elementary
school, middle or junior high school, or high school; and
(B) the student enrollment of a campus.
SUBCHAPTER H [F]. ADDITIONAL REWARDS
[Sec. 39.111. RECOGNITION AND REWARDS. The State Board of
Education shall develop a plan for recognizing and rewarding school
districts and campuses that are rated as exemplary or recognized
and for developing a network for sharing proven successful
practices statewide and regionally. The reward may be used to
provide educators with summer stipends to develop curricula based
on the cited successful strategies. The educators may copyright
the curricula they develop.]
Sec. 39.232 [39.112]. EXCELLENCE EXEMPTIONS. (a) Except
as provided by Subsection (b), a school campus or district that is
rated exemplary under Subchapter G is exempt from requirements and
prohibitions imposed under this code including rules adopted under
this code.
(b) A school campus or district is not exempt under this
section from:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) requirements imposed by federal law or rule,
including requirements for special education or bilingual
education programs; or
(3) a requirement, restriction, or prohibition
relating to:
(A) curriculum essential knowledge and skills
under Section 28.002 or high school [minimum] graduation
requirements under Section 28.025;
(B) public school accountability as provided by
Subchapters B, C, D, E, and J [G];
(C) extracurricular activities under Section
33.081;
(D) health and safety under Chapter 38;
(E) purchasing [competitive bidding] under
Subchapter B, Chapter 44;
(F) elementary school class size limits, except
as provided by Subsection (d) or Section 25.112;
(G) removal of a disruptive student from the
classroom under Subchapter A, Chapter 37;
(H) at risk programs under Subchapter C, Chapter
29;
(I) prekindergarten programs under Subchapter E,
Chapter 29;
(J) rights and benefits of school employees;
(K) special education programs under Subchapter
A, Chapter 29; or
(L) bilingual education programs under
Subchapter B, Chapter 29.
(c) The agency shall monitor and evaluate deregulation of a
school campus or district under this section and Section 7.056.
(d) The commissioner may exempt an exemplary school campus
under Subchapter G from elementary class size limits under this
section if the school campus submits to the commissioner a written
plan showing steps that will be taken to ensure that the exemption
from the class size limits will not be harmful to the academic
achievement of the students on the school campus. The commissioner
shall review achievement levels annually. The exemption remains in
effect until the commissioner determines that achievement levels of
the campus have declined.
Sec. 39.233 [39.113]. RECOGNITION OF HIGH SCHOOL
COMPLETION AND SUCCESS AND COLLEGE READINESS PROGRAMS. (a) The
agency shall:
(1) develop standards for evaluating the success and
cost-effectiveness of high school completion and success and
college readiness programs implemented under Section 39.234
[39.114];
(2) provide guidance for school districts and campuses
in establishing and improving high school completion and success
and college readiness programs implemented under Section 39.234
[39.114]; and
(3) develop standards for selecting and methods for
recognizing school districts and campuses that offer exceptional
high school completion and success and college readiness programs
under Section 39.234 [39.114].
(b) The commissioner may adopt rules for the administration
of this section.
Sec. 39.234 [39.114]. HIGH SCHOOL ALLOTMENT. (a) Except
as provided by Subsection (b), a school district or campus must use
funds allocated under Section 42.2516(b)(3) to:
(1) implement or administer a college readiness
program that provides academic support and instruction to prepare
underachieving students for entrance into an institution of higher
education;
(2) implement or administer a program that encourages
students to pursue advanced academic opportunities, including
early college high school programs and dual credit, advanced
placement, and international baccalaureate courses;
(3) implement or administer a program that provides
opportunities for students to take academically rigorous course
work, including four years of mathematics and four years of science
at the high school level;
(4) implement or administer a program, including
online course support and professional development, that aligns the
curriculum for grades six through 12 with postsecondary curriculum
and expectations; or
(5) implement or administer other high school
completion and success initiatives in grades six through 12
approved by the commissioner.
(b) A school district may use funds allocated under Section
42.2516(b)(3) on any instructional program in grades six through 12
other than an athletic program if:
(1) the district's measure of progress toward college
readiness is determined exceptional by a standard set [district is
recognized as exceptional] by the commissioner [under the academic
accountability indicator adopted under Section 39.051(b)(13)]; and
(2) the district's completion rates for grades nine
through 12 [meet or] exceed completion rate standards required by
the commissioner to achieve a status of accredited under Section
39.051 [rating of exemplary under Section 39.072].
(b-1) Subsection (b) applies beginning with the 2008-2009
school year. This subsection expires September 1, 2009.
(c) An open-enrollment charter school is entitled to an
allotment under this section in the same manner as a school
district.
(d) The commissioner shall adopt rules to administer this
section, including rules related to the permissible use of funds
allocated under this section to an open-enrollment charter school.
Sec. 39.235 [39.115]. HIGH SCHOOL INNOVATION GRANT
INITIATIVE. (a) From funds appropriated for that purpose, the
commissioner may establish a grant program under which grants are
awarded to secondary campuses and school districts to support:
(1) the implementation of innovative high school
improvement programs that are based on the best available research
regarding high school reform, dropout prevention, and preparing
students for postsecondary coursework or employment;
(2) enhancing education practices that have been
demonstrated by significant evidence of effectiveness; and
(3) the alignment of grants and programs to the
strategic plan adopted under Section 39.407 [39.357].
(b) Before awarding a grant under this section, the
commissioner may require a campus or school district to:
(1) obtain local matching funds; or
(2) meet other conditions, including developing a
personal graduation plan under Section 28.0212 for each student
enrolled at the campus or in a district high school.
(c) The commissioner may:
(1) accept gifts, grants, or donations from a private
foundation to implement a grant program under this section; and
(2) coordinate gifts, grants, or donations with other
available funding to implement a grant program under this section.
(d) The commissioner may use funds appropriated under this
section to support technical assistance services for school
districts and open-enrollment charter schools to implement a high
school improvement program under this section.
Sec. 39.236. GIFTED AND TALENTED STANDARDS. The
commissioner shall adopt standards to evaluate school district
programs for gifted and talented students to determine whether a
district operates a program for gifted and talented students in
accordance with:
(1) the Texas Performance Standards Project; or
(2) another program approved by the commissioner that
meets the requirements of the state plan for the education of gifted
and talented students under Section 29.123.
[Sec. 39.116. INITIATIVE FOR RETAINING QUALITY EDUCATORS.
Notwithstanding Section 39.1324(b), a school district, to assist in
preventing dropouts and disruptions that may result from certain
mandatory sanctions, may retain at a campus a principal who has been
employed at the campus as a principal during the two-year period
described by Section 39.1324(a) if the students enrolled at the
campus have demonstrated a pattern of significant academic
improvement.]
SUBCHAPTER I [E]. SUCCESSFUL SCHOOL AWARDS
Sec. 39.261 [39.091]. CREATION OF SYSTEM. The Texas
Successful Schools Awards System is created to recognize and reward
those schools and school districts that demonstrate progress or
success in achieving the education goals of the state.
Sec. 39.262 [39.092]. TYPES OF AWARDS. (a) The governor
may present a financial award to the schools or districts that the
commissioner determines have demonstrated the highest levels of
sustained success or the greatest improvement in achieving the
education goals. For each student in average daily attendance,
each of those schools or districts is entitled to an amount set for
the award for which the school or district is selected by the
commissioner, subject to any limitation set by the commissioner on
the total amount that may be awarded to a school or district.
(b) The governor may present proclamations or certificates
to additional schools and districts determined to have met or
exceeded the education goals.
(c) The commissioner may establish additional categories of
awards and award amounts for a school or district determined to be
successful under Subsection (a) or (b) that are contingent on the
school's or district's involvement with paired, lower-performing
schools.
Sec. 39.263 [39.093]. AWARDS. (a) The criteria that the
commissioner shall use to select successful schools and districts
must be related to the goals in Section 4.002 and must include
consideration of performance on the student achievement [academic
excellence] indicators adopted under Section 39.053(c) and
consideration of the distinction designation criteria prescribed
by or developed under Subchapter G [39.051].
(b) For purposes of selecting schools and districts under
Section 39.262(a) [39.092(a)], each school's performance shall be
compared to state standards and to its previous performance.
(c) [(b)] The commissioner shall select annually schools
and districts qualified to receive successful school awards for
their performance and report the selections to the governor and the
State Board of Education.
(d) [(c)] The agency shall notify each school district of
the manner in which the district or a school in the district may
qualify for a successful school award.
Sec. 39.264 [39.094]. USE OF AWARDS. (a) In determining
the use of a monetary award received under this subchapter, a school
or district shall give priority to academic enhancement purposes.
The award may not be used for any purpose related to athletics, and
it may not be used to substitute for or replace funds already in the
regular budget for a school or district.
(b) The campus-level committee established under Section
11.253 shall determine the use of the funds awarded to a school
under this subchapter. The professional staff of the district
shall determine the use of the funds awarded to the school district
under this subchapter.
Sec. 39.265 [39.095]. FUNDING. The award system may be
funded by donations, grants, or legislative appropriations. The
commissioner may solicit and receive grants and donations for the
purpose of making awards under this subchapter. A small portion of
the award funds may be used by the commissioner to pay for the costs
associated with sponsoring a ceremony to recognize or present
awards to schools or districts under this subchapter. The
donations, grants, or legislative appropriations shall be
accounted for and distributed by the agency. The awards are subject
to audit requirements established by the State Board of Education.
Sec. 39.266 [39.096]. CONFIDENTIALITY. All information
and reports received by the commissioner under this subchapter from
schools or school districts deemed confidential under Chapter 552,
Government Code, are confidential and may not be disclosed in any
public or private proceeding.
SUBCHAPTER J. PARENT AND EDUCATOR REPORTS
Sec. 39.301. ADDITIONAL PERFORMANCE INDICATORS:
REPORTING. (a) In addition to the indicators adopted under
Section 39.053, the commissioner shall adopt indicators of the
quality of learning for the purpose of preparing reports under this
chapter. The commissioner biennially shall review the indicators
for the consideration of appropriate revisions.
(b) Performance on the indicators adopted under this
section shall be evaluated in the same manner provided for
evaluation of the student achievement indicators under Section
39.053(c).
(c) Indicators for reporting purposes must include:
(1) the percentage of graduating students who meet the
course requirements established by State Board of Education rule
for the minimum high school program, the recommended high school
program, and the advanced high school program;
(2) the results of the SAT, ACT, articulated
postsecondary degree programs described by Section 61.852, and
certified workforce training programs described by Chapter 311,
Labor Code;
(3) for students who have failed to perform
satisfactorily, under each performance standard under Section
39.0241, on an assessment instrument required under Section
39.023(a) or (c), the performance of those students on subsequent
assessment instruments required under those sections, aggregated
by grade level and subject area;
(4) for each campus, the number of students,
disaggregated by major student subpopulations, that agree under
Section 28.025(b) to take courses under the minimum high school
program;
(5) the percentage of students, aggregated by grade
level, provided accelerated instruction under Section 28.0211(c),
the results of assessment instruments administered under that
section, the percentage of students promoted through the grade
placement committee process under Section 28.0211, the subject of
the assessment instrument on which each student failed to perform
satisfactorily under each performance standard under Section
39.0241, and the performance of those students in the school year
following that promotion on the assessment instruments required
under Section 39.023;
(6) the percentage of students of limited English
proficiency exempted from the administration of an assessment
instrument under Sections 39.027(a)(1) and (2);
(7) the percentage of students in a special education
program under Subchapter A, Chapter 29, assessed through assessment
instruments developed or adopted under Section 39.023(b);
(8) the percentage of students who satisfy the college
readiness measure;
(9) the measure of progress toward dual language
proficiency under Section 39.034(b), for students of limited
English proficiency, as defined by Section 29.052;
(10) the percentage of students who are not
educationally disadvantaged;
(11) the percentage of students who enroll and begin
instruction at an institution of higher education in the school
year following high school graduation; and
(12) the percentage of students who successfully
complete the first year of instruction at an institution of higher
education without needing a developmental education course.
(d) Performance on the indicators described by Section
39.053(c) and Subsections (c)(3), (4), and (9) must be based on
longitudinal student data that is disaggregated by the bilingual
education or special language program, if any, in which students of
limited English proficiency, as defined by Section 29.052, are or
former students of limited English proficiency were enrolled. If a
student described by this subsection is not or was not enrolled in
specialized language instruction, the number and percentage of
those students shall be provided.
(e) Section 39.055 applies in evaluating indicators
described by Subsection (c).
Sec. 39.302. REPORT TO DISTRICT: COMPARISONS FOR ANNUAL
PERFORMANCE ASSESSMENT. (a) The agency shall report to each school
district the comparisons of student performance made under Section
39.034.
(b) To the extent practicable, the agency shall combine the
report of comparisons with the report of the student's performance
on assessment instruments under Section 39.023.
Sec. 39.303. REPORT TO PARENTS. (a) The school district a
student attends shall provide a record of the comparisons made
under Section 39.034 and provided to the district under Section
39.302 in a written notice to the student's parent or other person
standing in parental relationship.
(b) For a student who failed to perform satisfactorily as
determined under either performance standard under Section 39.0241
on an assessment instrument administered under Section 39.023(a),
(c), or (l), the school district shall include in the notice
specific information relating to access to online educational
resources at the appropriate assessment instrument content level,
including educational resources described by Section 32.252(b)(2)
and assessment instrument questions and answers released under
Section 39.023(e).
Sec. 39.304. TEACHER REPORT CARD. (a) Each school district
shall prepare a report of the comparisons made under Section 39.034
and provided to the district under Section 39.302 and provide the
report at the beginning of the school year to:
(1) each teacher for all students, including incoming
students, who were assessed on an assessment instrument under
Section 39.023; and
(2) all students under Subdivision (1) who were
provided instruction by that teacher in the subject for which the
assessment instrument was administered under Section 39.023.
(b) The report shall indicate whether the student performed
satisfactorily or, if the student did not perform satisfactorily,
whether the student met the standard for annual improvement under
Section 39.034.
Sec. 39.305 [39.052]. CAMPUS REPORT CARD. (a) Each school
year, the agency shall prepare and distribute to each school
district a report card for each campus. The campus report cards
must be based on the most current data available disaggregated by
student groups. Campus performance must be compared to previous
campus and district performance, current district performance, and
state established standards[, and comparable campus group
performance].
(b) The report card shall include the following
information:
(1) where applicable, the student achievement
indicators described by Section 39.053(c) and the reporting
indicators described by Sections 39.301(c)(1) through (5)
[academic excellence indicators adopted under Sections
39.051(b)(1) through (10)];
(2) average class size by grade level and subject;
(3) the administrative and instructional costs per
student, computed in a manner consistent with Section 44.0071; and
(4) the district's instructional expenditures ratio
and instructional employees ratio computed under Section 44.0071,
and the statewide average of those ratios, as determined by the
commissioner.
(c) The commissioner shall adopt rules requiring
dissemination of the information required under Subsection (b)(4)
and appropriate class size and student performance portions of
campus report cards annually to the parent, guardian, conservator,
or other person having lawful control of each student at the campus.
On written request, the school district shall provide a copy of a
campus report card to any other party.
Sec. 39.306 [39.053]. PERFORMANCE REPORT. (a) Each board
of trustees shall publish an annual report describing the
educational performance of the district and of each campus in the
district that includes uniform student performance and descriptive
information as determined under rules adopted by the commissioner.
The annual report must also include:
(1) campus performance objectives established under
Section 11.253 and the progress of each campus toward those
objectives, which shall be available to the public;
(2) information indicating the district's
accreditation status and identifying each district campus awarded a
distinction designation under Subchapter G or considered an
unacceptable campus under Subchapter E [the performance rating for
the district as provided under Section 39.072(a) and the
performance rating of each campus in the district as provided under
Section 39.072(c)];
(3) the district's current special education
compliance status with the agency;
(4) a statement of the number, rate, and type of
violent or criminal incidents that occurred on each district
campus, to the extent permitted under the Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Section 1232g);
(5) information concerning school violence prevention
and violence intervention policies and procedures that the district
is using to protect students; [and]
(6) the findings that result from evaluations
conducted under the Safe and Drug-Free Schools and Communities Act
of 1994 (20 U.S.C. Section 7101 et seq.) [and its subsequent
amendments]; and
(7) information received under Section 51.403(e) for
each high school campus in the district, presented in a form
determined by the commissioner.
(b) Supplemental information to be included in the reports
shall be determined by the board of trustees. Performance
information in the annual reports on the indicators described by
Sections 39.053 and 39.301 [established under Section 39.051] and
descriptive information required by this section shall be provided
by the agency.
(c) The board of trustees shall hold a hearing for public
discussion of the report. The board of trustees shall give notice
of the hearing to property owners in the district and parents of and
other persons standing in parental relation to[, guardians,
conservators, and other persons having lawful control of] a
district student. The notification must include notice to a
newspaper of general circulation in the district and notice to
electronic media serving the district. After the hearing the
report shall be widely disseminated within the district in a manner
to be determined under rules adopted by the commissioner.
(d) The report must also include a comparison provided by
the agency of:
(1) the performance of each campus to its previous
performance and to state-established standards; and
(2) the performance of each district to its previous
performance and to state-established standards[; and
[(3) the performance of each campus or district to
comparable improvement].
(e) The report may include the following information:
(1) student information, including total enrollment,
enrollment by ethnicity, socioeconomic status, and grade groupings
and retention rates;
(2) financial information, including revenues and
expenditures;
(3) staff information, including number and type of
staff by sex [gender], ethnicity, years of experience, and highest
degree held, teacher and administrator salaries, and teacher
turnover;
(4) program information, including student enrollment
by program, teachers by program, and instructional operating
expenditures by program; and
(5) the number of students placed in a disciplinary
alternative education program under Chapter 37.
(f) The commissioner [State Board of Education] by rule
shall authorize the combination of this report with other reports
and financial statements and shall restrict the number and length
of reports that school districts, school district employees, and
school campuses are required to prepare.
(g) The report must include a statement of the amount, if
any, of the school district's unencumbered surplus fund balance as
of the last day of the preceding fiscal year and the percentage of
the preceding year's budget that the surplus represents.
Sec. 39.307 [39.054]. USES OF PERFORMANCE REPORT. The
information required to be reported under Section 39.306 [39.053]
shall be:
(1) the subject of public hearings or meetings
required under Sections 11.252, 11.253, and 39.306 [39.053];
(2) a primary consideration in school district and
campus planning; and
(3) a primary consideration of:
(A) the State Board of Education in the
evaluation of the performance of the commissioner;
(B) the commissioner in the evaluation of the
performance of the directors of the regional education service
centers;
(C) the board of trustees of a school district in
the evaluation of the performance of the superintendent of the
district; and
(D) the superintendent in the evaluation of the
performance of the district's campus principals.
Sec. 39.308 [39.055]. ANNUAL AUDIT OF DROPOUT RECORDS;
REPORT. (a) The commissioner shall develop a process for auditing
school district dropout records electronically. The commissioner
shall also develop a system and standards for review of the audit or
use systems already available at the agency. The system must be
designed to identify districts that are at high risk of having
inaccurate dropout records and that, as a result, require on-site
monitoring of dropout records.
(b) If the electronic audit of a school district's dropout
records indicates that a district is not at high risk of having
inaccurate dropout records, the district may not be subject to
on-site monitoring under this subsection.
(c) If the risk-based system indicates that a school
district is at high risk of having inaccurate dropout records, the
district is entitled to an opportunity to respond to the
commissioner's determination before on-site monitoring may be
conducted. The district must respond not later than the 30th day
after the date the commissioner notifies the district of the
commissioner's determination. If the district's response does not
change the commissioner's determination that the district is at
high risk of having inaccurate dropout records or if the district
does not respond in a timely manner, the commissioner shall order
agency staff to conduct on-site monitoring of the district's
dropout records.
(d) [(e)] The commissioner shall notify the board of
trustees of a school district of any objection the commissioner has
to the district's dropout data, any violation of sound accounting
practices or of a law or rule revealed by the data, or any
recommendation by the commissioner concerning the data. If the data
reflect that a penal law has been violated, the commissioner shall
notify the county attorney, district attorney, or criminal district
attorney, as appropriate, and the attorney general.
(e) The commissioner is entitled to access to all district
records the commissioner considers necessary or appropriate for the
review, analysis, or approval of district dropout data.
SUBCHAPTER K [H]. REPORTS BY TEXAS EDUCATION AGENCY
Sec. 39.331 [39.181]. GENERAL REQUIREMENTS. (a) Each
report required by this subchapter must:
(1) unless otherwise specified, contain summary
information and analysis only, with an indication that the agency
will provide the data underlying the report on request;
(2) specify a person at the agency who may be contacted
for additional information regarding the report and provide the
person's telephone number; and
(3) identify other sources of related information,
indicating the level of detail and format of information that may be
obtained, including the availability of any information on the
Texas Education Network.
(b) Each component of a report required by this subchapter
must:
(1) identify the substantive goal underlying the
information required to be reported;
(2) analyze the progress made and longitudinal trends
in achieving the underlying substantive goal;
(3) offer recommendations for improved progress in
achieving the underlying substantive goal; and
(4) identify the relationship of the information
required to be reported to state education goals.
(c) Unless otherwise provided, each report required by this
subchapter is due not later than December 1 of each even-numbered
year.
(d) Subsections (a) and (b) apply to any report required by
statute that the agency or the State Board of Education must prepare
and deliver to the governor, lieutenant governor, speaker of the
house of representatives, or legislature.
(e) Unless otherwise provided by law, any report required by
statute that the agency or the State Board of Education must prepare
and deliver to the governor, lieutenant governor, speaker of the
house of representatives, or legislature may be combined, at the
discretion of the commissioner, with a report required by this
subchapter.
Sec. 39.332 [39.182]. COMPREHENSIVE ANNUAL REPORT. (a)
Not later than December 1 of each year, the agency shall prepare and
deliver to the governor, the lieutenant governor, the speaker of
the house of representatives, each member of the legislature, the
Legislative Budget Board, and the clerks of the standing committees
of the senate and house of representatives with primary
jurisdiction over the public school system a comprehensive report
covering the preceding school year and containing the information
described by Subsection (b).
(b) [:] (1) The report must contain an evaluation of the
achievements of the state educational program in relation to the
statutory goals for the public education system under Section
4.002.[;]
(2) The report must contain an evaluation of the
status of education in the state as reflected by:
(A) the student achievement [academic
excellence] indicators described by [adopted under] Section 39.053
[39.051]; and
(B) the reporting indicators described by
Section 39.301.
(3) The report must contain a summary compilation of
overall student performance on academic skills assessment
instruments required by Section 39.023 with the number and
percentage of students exempted from the administration of those
instruments and the basis of the exemptions, aggregated by grade
level, subject area, campus, and district, with appropriate
interpretations and analysis, and disaggregated by race,
ethnicity, gender, and socioeconomic status.[;]
(4) The report must contain a summary compilation of
overall performance of students placed in a disciplinary
alternative education program established under Section 37.008 on
academic skills assessment instruments required by Section 39.023
with the number of those students exempted from the administration
of those instruments and the basis of the exemptions, aggregated by
district, grade level, and subject area, with appropriate
interpretations and analysis, and disaggregated by race,
ethnicity, gender, and socioeconomic status.[;]
(5) The report must contain a summary compilation of
overall performance of students at risk of dropping out of school,
as defined by Section 29.081(d), on academic skills assessment
instruments required by Section 39.023 with the number of those
students exempted from the administration of those instruments and
the basis of the exemptions, aggregated by district, grade level,
and subject area, with appropriate interpretations and analysis,
and disaggregated by race, ethnicity, gender, and socioeconomic
status.[;]
(6) The report must contain an evaluation of the
correlation between student grades and student performance on
academic skills assessment instruments required by Section
39.023.[;]
(7) The report must contain a statement of the dropout
rate of students in grade levels 7 through 12, expressed in the
aggregate and by grade level, and a statement of the completion
rates of students for grade levels 9 through 12.[;]
(8) The report must contain a statement of:
(A) the completion rate of students who enter
grade level 9 and graduate not more than four years later;
(B) the completion rate of students who enter
grade level 9 and graduate, including students who require more
than four years to graduate;
(C) the completion rate of students who enter
grade level 9 and not more than four years later receive a high
school equivalency certificate;
(D) the completion rate of students who enter
grade level 9 and receive a high school equivalency certificate,
including students who require more than four years to receive a
certificate; and
(E) the number and percentage of all students who
have not been accounted for under Paragraph (A), (B), (C), or
(D).[;]
(9) The report must contain a statement of the
projected cross-sectional and longitudinal dropout rates for grade
levels 9 through 12 for the next five years, assuming no state
action is taken to reduce the dropout rate.[;]
(10) The report must contain a description of a
systematic, measurable plan for reducing the projected
cross-sectional and longitudinal dropout rates to five percent or
less. [for the 1997-1998 school year;]
(11) The report must contain a summary of the
information required by Section 29.083 regarding grade level
retention of students and information concerning:
(A) the number and percentage of students
retained; and
(B) the performance of retained students on
assessment instruments required under Section 39.023(a).[;]
(12) The report must contain information, aggregated
by district type and disaggregated by race, ethnicity, gender, and
socioeconomic status, on:
(A) the number of students placed in a
disciplinary alternative education program established under
Section 37.008;
(B) the average length of a student's placement
in a disciplinary alternative education program established under
Section 37.008;
(C) the academic performance of students on
assessment instruments required under Section 39.023(a) during the
year preceding and during the year following placement in a
disciplinary alternative education program; and
(D) the dropout rates of students who have been
placed in a disciplinary alternative education program established
under Section 37.008.[;]
(13) The report must contain a list of each school
district or campus that does not satisfy performance standards,
with an explanation of the actions taken by the commissioner to
improve student performance in the district or campus and an
evaluation of the results of those actions.[;]
(14) The report must contain an evaluation of the
status of the curriculum taught in public schools, with
recommendations for legislative changes necessary to improve or
modify the curriculum required by Section 28.002.[;]
(15) The report must contain a description of all
funds received by and each activity and expenditure of the
agency.[;]
(16) The report must contain a summary and analysis of
the instructional expenditures ratios and instructional employees
ratios of school districts computed under Section 44.0071.[;]
(17) The report must contain a summary of the effect of
deregulation, including exemptions and waivers granted under
Section 7.056 or 39.232. [39.112;]
(18) The report must contain a statement of the total
number and length of reports that school districts and school
district employees must submit to the agency, identifying which
reports are required by federal statute or rule, state statute, or
agency rule, and a summary of the agency's efforts to reduce overall
reporting requirements.[;]
(19) The report must contain a list of each school
district that is not in compliance with state special education
requirements, including:
(A) the period for which the district has not
been in compliance;
(B) the manner in which the agency considered the
district's failure to comply in determining the district's
accreditation status; and
(C) an explanation of the actions taken by the
commissioner to ensure compliance and an evaluation of the results
of those actions.[;]
(20) The report must contain a comparison of the
performance of open-enrollment charter schools and school
districts on the student achievement [academic excellence]
indicators described by Section 39.053(c), the reporting
indicators described by Section 39.301(c), [specified in Section
39.051(b)] and the accountability measures adopted under Section
39.053(i) [39.051(g)], with a separately aggregated comparison of
the performance of open-enrollment charter schools predominantly
serving students at risk of dropping out of school, as described
[defined] by Section 29.081(d), with the performance of school
districts.[;]
(21) The report must contain a summary of the
information required by Section 38.0141 regarding student health
and physical activity from each school district.[;]
(22) The report must contain a summary compilation of
overall student performance under the assessment system developed
to evaluate the longitudinal academic progress as required by
Section 39.027(e), disaggregated by bilingual education or special
language program instructional model, if any.[; and]
(23) The report must contain any additional
information considered important by the commissioner or the State
Board of Education.
(c) [(b)] In reporting the information required by
Subsection (b)(3) or (4) [(a)(3) or (4)], the agency may separately
aggregate the performance data of students enrolled in a special
education program under Subchapter A, Chapter 29.
(d) [(b-1)] In reporting the information required by
Subsections (b)(3), (5), and (7) [(a)(3), (5), and (7)], the agency
shall separately aggregate the longitudinal performance data of all
students identified as students of limited English proficiency, as
defined by Section 29.052, or former students of limited English
proficiency, disaggregated by bilingual education or special
language program instructional model, if any, in which the students
are or were enrolled.
(e) [(c)] Each report must contain the most recent data
available.
Sec. 39.333 [39.183]. REGIONAL AND DISTRICT LEVEL REPORT.
The agency shall prepare and deliver to the governor, the
lieutenant governor, the speaker of the house of representatives,
each member of the legislature, the Legislative Budget Board, and
the clerks of the standing committees of the senate and house of
representatives with primary jurisdiction over the public school
system a regional and district level report covering the preceding
two school years and containing:
(1) a summary of school district compliance with the
student/teacher ratios and class-size limitations prescribed by
Sections 25.111 and 25.112, including:
(A) the number of campuses and classes at each
campus granted an exception from Section 25.112; and
(B) for [the performance rating under Subchapter
D of] each campus granted an exception from Section 25.112, a
statement of whether the campus has been awarded a distinction
designation under Subchapter G or has been identified as an
unacceptable campus under Subchapter E;
(2) a summary of the exemptions and waivers granted to
campuses and school districts under Section 7.056 or 39.232
[39.112] and a review of the effectiveness of each campus or
district following deregulation;
(3) an evaluation of the performance of the system of
regional education service centers based on the indicators adopted
under Section 8.101 and client satisfaction with services provided
under Subchapter B, Chapter 8;
(4) an evaluation of accelerated instruction programs
offered under Section 28.006, including an assessment of the
quality of such programs and the performance of students enrolled
in such programs; and
(5) the number of classes at each campus that are
currently being taught by individuals who are not certified in the
content areas of their respective classes.
Sec. 39.334 [39.184]. TECHNOLOGY REPORT. The agency shall
prepare and deliver to the governor, the lieutenant governor, the
speaker of the house of representatives, each member of the
legislature, the Legislative Budget Board, and the clerks of the
standing committees of the senate and house of representatives with
primary jurisdiction over the public school system a technology
report covering the preceding two school years and containing
information on the status of the implementation of and revisions to
the long-range technology plan required by Section 32.001,
including the equity of the distribution and use of technology in
public schools.
Sec. 39.335 [39.185]. INTERIM REPORT. Not later than
December 1 of each odd-numbered year, the agency shall prepare and
deliver to the governor, the lieutenant governor, the speaker of
the house of representatives, each member of the legislature, the
Legislative Budget Board, and the clerks of the standing committees
of the senate and house of representatives with primary
jurisdiction over the public school system an interim report
containing, for the previous school year, the information required
by Section 39.333(2) [39.183(2)].
SUBCHAPTER L [J]. NOTICE OF PERFORMANCE
Sec. 39.361 [39.251]. NOTICE IN STUDENT GRADE REPORT. The
first written notice of a student's performance that a school
district gives during a school year as required by Section
28.022(a)(2) must include [the following information]:
(1) a statement of whether the campus at which the
student is enrolled has been awarded a distinction designation
under Subchapter G or has been identified as an unacceptable campus
under Subchapter E [the most recent performance rating of the
campus at which the student is enrolled, as determined under
Section 39.072]; and
(2) an explanation of the significance of the
information provided under Subdivision (1) [a definition and
explanation of each performance rating described by Section
39.072(a)].
Sec. 39.362 [39.252]. NOTICE ON DISTRICT WEBSITE. Not
later than the 10th day after the first day of instruction of each
school year, a school district that maintains an Internet website
shall make the following information available to the public on the
website:
(1) the information contained in the most recent
campus report card for each campus in the district[, as determined]
under Section 39.305 [39.052];
(2) the information contained in the most recent
performance report for the district[, as determined] under Section
39.306 [39.053];
(3) the most recent accreditation status and
performance rating of the district[, as determined] under Sections
39.052 and 39.054 [Section 39.072]; and
(4) a definition and explanation of each accreditation
status under [performance rating described by] Section 39.051,
based on commissioner rule adopted under that section [39.072(a)].
SUBCHAPTER M [L]. HIGH SCHOOL COMPLETION AND SUCCESS INITIATIVE
Sec. 39.401 [39.351]. DEFINITION. In this subchapter,
"council" means the High School Completion and Success Initiative
Council.
Sec. 39.402 [39.352]. HIGH SCHOOL COMPLETION AND SUCCESS
INITIATIVE COUNCIL. (a) The High School Completion and Success
Initiative Council is established to identify strategic priorities
for and make recommendations to improve the effectiveness,
coordination, and alignment of high school completion and college
and workforce readiness efforts.
(b) The council is composed of:
(1) the commissioner of education;
(2) the commissioner of higher education; and
(3) seven members appointed by the commissioner of
education.
(c) In making appointments required by Subsection (b)(3),
the commissioner of education shall appoint:
(1) three members from a list of nominations provided
by the governor;
(2) two members from a list of nominations provided by
the lieutenant governor; and
(3) two members from a list of nominations provided by
the speaker of the house of representatives.
(d) In making nominations under Subsection (c), the
governor, lieutenant governor, and speaker of the house of
representatives shall nominate persons who have distinguished
experience in:
(1) developing and implementing high school reform
strategies; and
(2) promoting college and workforce readiness.
Sec. 39.403 [39.353]. TERMS. Members of the council
appointed under Section 39.402(b)(3) [39.352(b)(3)] serve terms of
two years and may be reappointed for additional terms.
Sec. 39.404 [39.354]. PRESIDING OFFICER. The commissioner
of education serves as the presiding officer of the council.
Sec. 39.405 [39.355]. COMPENSATION AND REIMBURSEMENT. A
member of the council is not entitled to compensation for service on
the council but is entitled to reimbursement for actual and
necessary expenses incurred in performing council duties.
Sec. 39.406 [39.356]. COUNCIL STAFF AND FUNDING. (a)
Except as otherwise provided, staff members of the agency, with the
assistance of the Texas Higher Education Coordinating Board, shall
provide administrative support for the council.
(b) Funding for the administrative and operational expenses
of the council shall be provided by appropriation to the agency for
that purpose and by gifts, grants, and donations solicited and
accepted by the agency for that purpose.
Sec. 39.407 [39.357]. STRATEGIC PLAN. (a) The council
shall adopt a strategic plan under this subchapter to:
(1) specify strategies to identify, support, and
expand programs to improve high school completion rates and college
and workforce readiness;
(2) establish specific goals with which to measure the
success of the strategies identified under Subdivision (1) in
improving high school completion rates and college and workforce
readiness;
(3) identify strategies for alignment and
coordination of federal and other funding sources that may be
pursued for high school reform, dropout prevention, and preparation
of students for postsecondary coursework or employment; and
(4) identify key objectives for appropriate research
and program evaluation conducted as provided by this subchapter.
(b) The commissioner of education and the commissioner of
higher education shall adopt rules as necessary to administer the
strategic plan adopted by the council under this section.
(c) The commissioner of education or the commissioner of
higher education may not, in a manner inconsistent with the
strategic plan, spend money, award a grant, or enter into a contract
in connection with a program relating to high school success and
completion.
Sec. 39.408 [39.358]. ELIGIBILITY CRITERIA FOR CERTAIN
GRANT PROGRAMS. A school district or campus is eligible to
participate in programs under Sections 21.4541, 29.095, 29.096,
29.097, and 29.098 if the district or campus exhibited during each
of the three preceding school years characteristics that strongly
correlate with high dropout rates.
Sec. 39.409 [39.359]. PRIVATE FOUNDATION PARTNERSHIPS.
(a) The commissioner of education or the commissioner of higher
education, as appropriate, and the council may coordinate with
private foundations that have made a substantial investment in the
improvement of high schools in this state to maximize the impact of
public and private investments.
(b) A private foundation is not required to obtain the
approval of the appropriate commissioner or the council under
Subsection (a) before allocating resources to a school in this
state.
Sec. 39.410 [39.360]. GRANT PROGRAM EVALUATION. (a) The
commissioner of education shall annually set aside not more than
five percent of the funds appropriated for high school completion
and success to contract for the evaluation of programs supported by
grants approved under this subchapter. In awarding a contract
under this subsection, the commissioner shall consider centers for
education research established under Section 1.005.
(b) A person who receives a grant approved under this
subchapter must consent to an evaluation under this section as a
condition of receiving the grant.
(c) The commissioner shall ensure that an evaluation
conducted under this section includes an assessment of whether
student achievement has improved. Results of the evaluation shall
be provided through the online clearinghouse of information
relating to the best practices of campuses and school districts
established under Section 7.009.
Sec. 39.411 [39.361]. COUNCIL RECOMMENDATIONS. (a) Based
on the strategic plan adopted under this subchapter [section], the
council shall make recommendations to the commissioner of education
or the commissioner of higher education, as applicable, for the use
of federal and state funds appropriated or received for high school
reform, college readiness, and dropout prevention, including
grants awarded under Sections 21.4511, 21.4541, 29.095-29.098,
29.917, 29.919, and 39.235 [39.115].
(b) The council shall include recommendations under this
section for:
(1) key elements of program design;
(2) criteria for awarding grants and evaluating
programs;
(3) program funding priorities; and
(4) program evaluation as provided by this subchapter.
(c) The commissioner of education or the commissioner of
higher education, as applicable, shall consider the council's
recommendations and based on those recommendations may award grants
to school districts, open-enrollment charter schools, institutions
of higher education, regional education service centers, and
nonprofit organizations to meet the goals of the council's
strategic plan.
(d) The commissioner of education or the commissioner of
higher education, as applicable:
(1) is not required under this section to allocate
funds to a program or initiative recommended by the council; and
(2) may not initiate a program funded under this
section that does not conform to the recommended use of funds as
provided under Subsections (a) and (b).
Sec. 39.412 [39.362]. FUNDING PROVIDED TO SCHOOL
DISTRICTS. From funds appropriated, the commissioner of education
may provide funding to school districts to permit a school district
to obtain technical assistance in preparing a grant proposal for a
grant program administered under this subchapter.
Sec. 39.413 [39.363]. FUNDING FOR CERTAIN PROGRAMS. (a)
From funds appropriated, the Texas Higher Education Coordinating
Board shall allocate $8.75 million each year to establish
mathematics, science, and technology teacher preparation academies
under Section 21.462 and implement and administer the program under
Section 29.098.
(b) The Texas Higher Education Coordinating Board shall
establish mathematics, science, and technology teacher preparation
academies under Section 21.462 and implement and administer the
program under Section 29.098 in a manner consistent with the goals
of this subchapter and the goals in "Closing the Gaps," the state's
master plan for higher education.
Sec. 39.414 [39.364]. PRIVATE FUNDING. The commissioner of
education or the commissioner of higher education, as appropriate,
may accept gifts, grants, or donations to fund a grant administered
under this subchapter.
Sec. 39.415 [39.365]. REPORTS. (a) Not later than
December 1 of each even-numbered year, the agency shall prepare and
deliver a report to the legislature that recommends any statutory
changes the council considers appropriate to promote high school
completion and college and workforce readiness.
(b) Not later than March 1 and September 1 of each year, the
commissioner of education shall prepare and deliver a progress
report to the presiding officers of the standing committees of each
house of the legislature with primary jurisdiction over public
education, the Legislative Budget Board, and the Governor's Office
of Policy and Planning on:
(1) the implementation of Sections 7.031, 21.4511,
21.4541, 21.462, 28.008(d-1), 28.0212(d), 29.095-29.098, 29.911,
29.917-29.919, and 39.235 [39.115] and this subchapter;
(2) the programs supported by grants approved under
this subchapter; and
(3) the alignment of grants and programs to the
strategic plan adopted under Section 39.407 [39.357].
Sec. 39.416 [39.366]. RULES. The commissioner of education
and the commissioner of higher education shall adopt rules as
necessary to administer this subchapter and any programs under the
authority of the commissioner of education or the commissioner of
higher education and the council under this subchapter.
SECTION 60. Section 42.002(b), Education Code, is amended
to read as follows:
(b) The Foundation School Program consists of:
(1) two tiers that in combination provide for:
(A) sufficient financing for all school
districts to provide a basic program of education that is rated
[academically] acceptable or higher under Section 39.054 [39.072]
and meets other applicable legal standards; and
(B) substantially equal access to funds to
provide an enriched program; and
(2) a facilities component as provided by Chapter 46.
SECTION 61. Section 51.3062, Education Code, is amended by
adding Subsections (i-1) and (q-1) to read as follows:
(i-1) The commissioner of higher education may by rule
require an institution of higher education to adopt uniform
standards for the placement of a student under this section.
(q-1) A student who has completed a recommended or advanced
high school program as determined under Section 28.025 and
demonstrated the performance standard for college readiness as
provided by Section 39.024 on the Algebra II and English III
end-of-course assessment instruments is exempt from the
requirements of this section with respect to those content areas.
The commissioner of higher education by rule shall establish the
period for which an exemption under this subsection is valid.
SECTION 62. Section 51.807, Education Code, as amended by
Chapters 941 (H.B. 3826) and 1369 (H.B. 3851), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted to read as
follows:
Sec. 51.807. RULEMAKING. (a) The Texas Higher Education
Coordinating Board may adopt rules relating to the operation of
admissions programs under this subchapter, including rules
relating to the identification of eligible students.
(b) The Texas Higher Education Coordinating Board, after
consulting with the Texas Education Agency, by rule shall establish
standards for determining for purposes of this subchapter:
(1) whether a private high school is accredited by a
generally recognized accrediting organization; and
(2) whether a person completed a high school
curriculum that is equivalent in content and rigor to the
curriculum requirements established under Section 28.025 for the
recommended or advanced high school program.
SECTION 63. Chapter 61, Education Code, is amended by
adding Subchapter T-1 to read as follows:
SUBCHAPTER T-1. CAREER AND TECHNICAL EDUCATION
Sec. 61.861. DEVELOPMENT OF MATHEMATICS AND SCIENCE COURSES
FOR HIGH-DEMAND OCCUPATIONS. (a) The commissioner of higher
education and the commissioner of education, in consultation with
the comptroller and the Texas Workforce Commission, may award a
grant in an amount not to exceed $1 million to an institution of
higher education to develop advanced mathematics and science
courses to prepare high school students for employment in a
high-demand occupation. The commissioner of higher education, the
commissioner of education, the comptroller, and the Texas Workforce
Commission shall jointly determine what is considered a high-demand
occupation for purposes of this subchapter.
(b) An institution of higher education shall work in
partnership with at least one independent school district and a
business entity in developing a course for purposes of this
section.
(c) A course developed for purposes of this section must:
(1) provide content that enables a student to develop
the relevant and critical skills needed to be prepared for
employment or additional training in a high-demand occupation;
(2) incorporate college and career readiness skills as
part of the curriculum;
(3) be offered for dual credit; and
(4) satisfy a mathematics or science requirement under
the recommended or advanced high school program as determined under
Section 28.025.
(d) An institution of higher education shall periodically
review and revise the curriculum for a course developed for
purposes of this section to accommodate changes in industry
standards for the high-demand occupation.
Sec. 61.862. GRANT APPLICATION CRITERIA. The commissioner
of higher education and the commissioner of education, in
consultation with the comptroller and the Texas Workforce
Commission, shall establish application criteria for a grant under
this subchapter and in making an award shall give priority to
courses that:
(1) will prepare students for high-demand, high-wage,
and high-skill occupations and further postsecondary study;
(2) may be transferred as college credit to multiple
institutions of higher education; and
(3) are developed as part of a sequence of courses that
includes statewide availability of the instructional materials and
training for the courses at a nominal cost to public educational
institutions in this state.
Sec. 61.863. USE OF FUNDS. An institution of higher
education may use funds awarded under this section to develop, in
connection with a course described by Section 61.861:
(1) curriculum;
(2) assessments;
(3) instructional materials, including
technology-based supplemental materials; or
(4) professional development programs for secondary
grade-level teachers teaching a course described by Section 61.861.
Sec. 61.864. REVIEW OF COURSES. Courses for which a grant
is awarded under this subchapter shall be reviewed by the
commissioner of higher education and the commissioner of education,
in consultation with the comptroller and the Texas Workforce
Commission, once every four years to determine whether the course:
(1) is being used by public educational institutions
in this state;
(2) prepares high school students with the skills
necessary for employment in the high-demand occupation and further
postsecondary study; and
(3) satisfies a mathematics or science requirement for
the recommended or advanced high school program as determined under
Section 28.025.
Sec. 61.865. MATCHING CONTRIBUTION REQUIRED. An
institution of higher education awarded a grant under this
subchapter must obtain from one or more business entities in the
industry for which students taking courses developed under Section
61.861 are training, in a total amount equal to the amount of the
state grant:
(1) gifts, grants, or donations of funds; or
(2) contributions of property that may be used in
providing the courses.
Sec. 61.866. LIMITATION ON TOTAL AMOUNT OF GRANTS. In any
state fiscal biennium, the total amount of grants awarded under
this subchapter may not exceed $10 million.
Sec. 61.867. FUNDING OF GRANTS. The commissioner of higher
education shall administer this section using available
appropriations and gifts, grants, and donations made for the
purposes of this subchapter.
SECTION 64. Subtitle G, Title 3, Education Code, is amended
by adding Chapter 134 to read as follows:
CHAPTER 134. JOBS AND EDUCATION FOR TEXANS (JET) GRANT PROGRAM
Sec. 134.001. DEFINITIONS. In this chapter:
(1) "Nonprofit organization" means an organization
exempt from federal income taxation under Section 501(a), Internal
Revenue Code of 1986, as an organization described by Section
501(c)(3) of that code.
(2) "Public junior college" and "public technical
institute" have the meanings assigned by Section 61.003.
Sec. 134.002. JOBS AND EDUCATION FOR TEXANS (JET) FUND. (a)
The comptroller shall establish and administer the Jobs and
Education for Texans (JET) fund as a dedicated account in the
general revenue fund.
(b) The following amounts shall be deposited in the fund:
(1) any amounts appropriated by the legislature for
the fund for purposes of this chapter;
(2) interest earned on the investment of money in the
fund; and
(3) gifts, grants, and other donations received for
the fund.
Sec. 134.003. ADVISORY BOARD. (a) An advisory board of
education and workforce stakeholders is created to assist the
comptroller in administering this chapter.
(b) The advisory board is composed of seven members who
serve two-year terms and are appointed as follows:
(1) one member appointed by the governor;
(2) one member appointed by the lieutenant governor;
(3) one member appointed by the speaker of the house of
representatives;
(4) one member appointed by the Texas Higher Education
Coordinating Board;
(5) one member appointed by the Texas Workforce
Commission;
(6) one member of the public appointed by the
comptroller; and
(7) the comptroller, who serves as the presiding
officer.
(c) The advisory board shall meet at least once each quarter
to review received applications and recommend awarding grants under
this chapter.
Sec. 134.004. JOBS AND EDUCATION FOR TEXANS (JET) GRANT
PROGRAM. The comptroller shall establish and administer the Jobs
and Education for Texans (JET) Grant Program to provide grants to
public junior colleges, public technical institutes, and eligible
nonprofit organizations that apply to the advisory board in the
manner prescribed by the advisory board. The comptroller shall
award the grants on the advice and recommendations of the advisory
board. Grants may be awarded under this chapter from the Jobs and
Education for Texans (JET) fund for the following purposes:
(1) to develop, support, or expand programs of
nonprofit organizations that meet the requirements of Section
134.005 and that prepare low-income students for careers in
high-demand occupations;
(2) to defray the start-up costs associated with the
development of new career and technical education programs at
public junior colleges and public technical institutes that meet
the requirements of Section 134.006; and
(3) to provide scholarships for students in career and
technical education programs who meet the requirements of Section
134.007.
Sec. 134.005. GRANTS TO NONPROFIT ORGANIZATIONS FOR
INNOVATIVE AND SUCCESSFUL PROGRAMS. (a) The comptroller may award
a grant to a nonprofit organization eligible under Subsection (b)
for the development, support, or expansion of programs to prepare
low-income students for careers in high-demand occupations.
(b) To be eligible to receive a grant under this section, a
nonprofit organization must:
(1) provide a program to offer assistance to
low-income students in preparing for, applying to, and enrolling in
a public junior college or public technical institute;
(2) be governed by a board or other governing
structure that includes recognized leaders of broad-based
community organizations and members of the local business
community;
(3) demonstrate to the satisfaction of the advisory
board that the organization's program has achieved or will achieve
the following measures of success among program participants, to
the extent applicable to the type of program the organization
provides:
(A) above average completion of developmental
education among participating public junior college or public
technical institute students;
(B) above average persistence rates among
participating public junior college or public technical institute
students;
(C) above average certificate or degree
completion rates by participating students within a three-year
period compared to demographically comparable public junior
college and public technical institute students; and
(D) employment of participating students at an
average full-time starting wage that is equal to or greater than
the prevailing wage for the occupation entered; and
(4) provide matching funds in accordance with rules
adopted under Section 134.008.
(c) The matching funds required under Subsection (b)(4) may
be obtained from any source available to the nonprofit
organization, including in-kind contributions, community or
foundation grants, individual contributions, and local
governmental agency operating funds.
(d) Grants awarded under this section must be awarded in a
manner that takes a balanced geographical distribution into
consideration.
Sec. 134.006. GRANTS TO EDUCATIONAL INSTITUTIONS FOR CAREER
AND TECHNICAL EDUCATION PROGRAMS. (a) The comptroller may award a
grant for the development of new career and technical education
courses or programs at public junior colleges and public technical
institutes.
(b) A grant received under this section may be used only:
(1) to support courses or programs that prepare
students for career employment in occupations that are identified
by local businesses as being in high demand, including courses
offered for dual credit;
(2) to finance initial costs of career and technical
education course or program development, including the costs of
constructing or renovating facilities, purchasing equipment, and
other expenses associated with the development of a new course; and
(3) to finance a career and technical education course
or program that leads to a license, certificate, or postsecondary
degree.
(c) In awarding a grant under this section, the comptroller
shall primarily consider the potential economic returns to the
state from the development of the career and technical education
course or program. The comptroller may also consider whether the
course or program:
(1) is part of a new, emerging industry or high-demand
occupation;
(2) offers new or expanded dual credit career and
technical educational opportunities in public high schools; or
(3) is provided in cooperation with other public
junior colleges or public technical institutes across existing
service areas.
(d) To be eligible to receive a grant under this section, a
public junior college or public technical institute must provide
matching funds in accordance with rules adopted under Section
134.008. The matching funds may be obtained from any source
available to the junior college or technical institute, including
in-kind contributions, industry consortia, community or foundation
grants, individual contributions, and local governmental agency
operating funds.
Sec. 134.007. SCHOLARSHIPS. (a) The comptroller may award
a scholarship to a public junior college or public technical
institute student.
(b) To be eligible to receive a scholarship under this
section, a student must:
(1) demonstrate financial need; and
(2) be enrolled in a training program for a
high-demand occupation, as determined by the comptroller on the
recommendation of the advisory board.
Sec. 134.008. RULES. The comptroller shall adopt rules as
necessary for the administration of this chapter.
SECTION 65. Section 302.006(c), Labor Code, is amended to
read as follows:
(c) To be eligible to receive a scholarship awarded under
this section, a person must:
(1) be employed in a child-care facility, as defined
by Section 42.002, Human Resources Code;
(2) intend to obtain a credential, certificate, or
degree specified in Subsection (b);
(3) agree to work for at least 18 additional months in
a child-care facility, as defined by Section 42.002, Human
Resources Code, that accepts federal Child Care Development Fund
subsidies and that, at the time the person begins to fulfill the
work requirement imposed by this subdivision, is located:
(A) within the attendance zone of a public school
campus considered low-performing under Subchapter E, Chapter 39
[Section 39.132], Education Code; or
(B) in an economically disadvantaged community,
as determined by the commission; and
(4) satisfy any other requirements adopted by the
commission.
SECTION 66. The following sections of the Education Code
are repealed:
(1) Sections 39.034(e), (f), and (g); and
(2) Section 44.011.
SECTION 67. (a) Section 21.054(b), Education Code, is
repealed.
(b) This repeal applies beginning with the 2009-2010 school
year.
SECTION 68. (a) Not later than December 1, 2010, the Texas
Education Agency shall prepare and deliver to the governor, the
lieutenant governor, the speaker of the house of representatives,
each member of the legislature, the clerks of the standing
committees of the senate and the house of representatives with
primary jurisdiction over public education, and the Legislative
Budget Board a transition plan containing the information described
by Subsections (b) and (c) of this section.
(b) The transition plan referred to in Subsection (a) of
this section must contain a detailed description of the process the
commissioner of education will use to develop and implement this
Act, including:
(1) the timeline;
(2) the means by which public school educators who are
representative of this state and other stakeholders, including
parents of public primary and secondary school students, and
business and community leaders, will be included in the process to
develop and implement this Act, in accordance with Section
7.055(b)(11), Education Code;
(3) the resources required to implement this Act,
including resources that may be required by districts and campuses;
(4) the scope and sequence of tasks that must be
accomplished to implement this Act; and
(5) the use of the standard rulemaking process to
adopt any procedures necessary to implement this Act.
(c) Except as provided by this subsection, the transition
plan referred to in Subsection (a) of this section must provide for
the implementation during the 2011-2012 school year of changes made
by this Act to the accreditation and academic accountability
system. The assignment of accreditation statuses and any other
academic accountability designations under this Act must be
implemented beginning with the 2012-2013 school year.
(d) In conjunction with the transition plan prepared and
delivered under this section, the commissioner of education shall
provide for an equivalence of a performance rating, accreditation
status, distinction designation, or performance indicator, as
applicable, for each statutory performance rating or performance
indicator that is superseded by this Act.
SECTION 69. To the extent of any conflict, the reenactment
by this Act of Section 51.807, Education Code, prevails over
another Act of the 81st Legislature, Regular Session, 2009,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 70. Section 11.203(d), Education Code, as amended
by this Act, applies only to a principal employed at a school that
is rated academically unacceptable during the 2008-2009 school
year.
SECTION 71. (a) Except as provided by this section, this
Act applies beginning with the 2009-2010 school year.
(a-1) Section 28.002(c-1), Education Code, as added by this
Act, applies beginning with the 2010-2011 school year.
(b) Sections 39.023(e), Education Code, as amended by this
Act, and 39.053(g), Education Code, as added by this Act, apply
immediately.
(c) Except as provided by Subsection (b) of this section,
Subchapter C, Chapter 39, Education Code, as amended by this Act,
applies beginning with the 2011-2012 school year.
(d) Except as provided by Subsection (e) of this section,
Subchapter E, Chapter 39, Education Code, as amended by this Act,
applies as provided by the transition plan adopted by the
commissioner of education under Section 39.116, Education Code, as
added by this Act.
(e) Notwithstanding any other provision of this Act, the
commissioner of education may immediately apply any exceptions to
interventions and sanctions under Subchapter E, Chapter 39,
Education Code, as amended by this Act, to interventions and
sanctions under Subchapter G, Chapter 39, Education Code, as that
law existed prior to amendment by this Act.
SECTION 72. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3 was passed by the House on April 29,
2009, by the following vote: Yeas 146, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 3 on May 18, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; that the House adopted the conference committee report on
H.B. No. 3 on May 31, 2009, by the following vote: Yeas 143, Nays
0, 2 present, not voting; and that the House adopted H.C.R. No. 283
authorizing certain corrections in H.B. No. 3 on June 1, 2009, by
the following vote: Yeas 146, Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3 was passed by the Senate, with
amendments, on May 13, 2009, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; that
the Senate adopted the conference committee report on H.B. No. 3 on
May 31, 2009, by the following vote: Yeas 31, Nays 0; and that the
Senate adopted H.C.R. No. 283 authorizing certain corrections in
H.B. No. 3 on June 1, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor