By: Shapiro S.B. No. 3
(In the Senate - Filed March 5, 2009; March 9, 2009, read
first time and referred to Committee on Education; April 24, 2009,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 8, Nays 0; April 24, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 3 By: Shapiro
A BILL TO BE ENTITLED
AN ACT
relating to public school accountability, curriculum, and
promotion requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (e) and (f), Section 7.056,
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
39.101 [39.131] or 39.102 [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 2. Subsection (d), Section 11.203, Education Code,
is amended to read as follows:
(d) A principal who was employed as principal at [of] a
campus that was 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 3. Subsection (b), Section 12.104, 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 4. Section 28.002, Education Code, is amended by
adding Subsections (c-1) and (c-2) to read as follows:
(c-1) The State Board of Education may adopt rules to allow
courses offered in the foundation curriculum or the enrichment
curriculum to simultaneously satisfy, to the extent practicable,
more than one required credit for the minimum, recommended, or
advanced high school program in which the student is participating.
(c-2) The State Board of Education shall adopt rules to
authorize each school district to implement a program under which
students in middle or junior high school may earn credits toward
high school graduation in middle or junior high school for any
course determined by board rule to qualify as a high school
equivalent course.
SECTION 5. The heading to Section 28.0211, Education Code,
is amended to read as follows:
Sec. 28.0211. STUDENT ADVANCEMENT DETERMINATION;
[SATISFACTORY] PERFORMANCE ON ASSESSMENT INSTRUMENTS [REQUIRED];
ACCELERATED INSTRUCTION.
SECTION 6. Section 28.0211, Education Code, is amended by
amending Subsections (a), (b), (c), (d), (e), (f), (g), and (i) and
adding Subsections (c-1), (d-1), (d-2), and (d-3) to read as
follows:
(a) Not later than the first day of the school year, a school
district shall determine the requirements for student advancement
from one grade level to the next. In determining whether a student
may be promoted to the next grade level, the 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 information, as determined by
the district [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
[(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].
(b) A school district shall provide to a student who
initially fails to perform satisfactorily on the third grade
reading assessment instrument, the fifth grade mathematics and
reading assessment instruments, or the eighth grade mathematics and
reading assessment instruments under Section 39.023 an [assessment
instrument specified under Subsection (a) at least two] additional
opportunity [opportunities] to take the assessment instrument. [A
school district may administer an alternate assessment instrument
to a student who has failed an assessment instrument specified
under Subsection (a) on the previous two opportunities.
Notwithstanding any other provision of this section, a student may
be promoted if the student performs at grade level on an alternate
assessment instrument under this subsection that is appropriate for
the student's grade level and approved by the commissioner.]
(c) If [Each time] a student fails to perform satisfactorily
on a mathematics or reading [an] assessment instrument administered
[specified] under Section 39.023(a), (b), or (l) in the third,
fifth, or eighth grade [Subsection (a)], the school district in
which the student attends school shall provide to the student
accelerated instruction in the applicable subject area. If a
student in a third, fifth, or eighth grade program fails to meet the
requirements for student advancement from one grade level to the
next as determined by a school district under Subsection (a), the
district shall establish[, including reading instruction for a
student who fails to perform satisfactorily on a reading assessment
instrument. After a student fails to perform satisfactorily on an
assessment instrument a second time,] a grade placement committee
[shall be established] to prescribe the accelerated instruction the
district shall provide to the student. If a student in a program
other than a third, fifth, or eighth grade program fails to meet the
requirements for student advancement from one grade level to the
next as determined by a school district under Subsection (a), the
district may establish a grade placement committee to prescribe the
accelerated instruction the district shall provide to the student
[before the student is administered the assessment instrument the
third time]. The grade placement committee shall be composed of the
principal or the principal's designee, the student's parent or
guardian, and the teacher of the subject of an assessment
instrument on which the student failed to perform satisfactorily.
The district shall notify the parent or guardian of the time and
place for convening the grade placement committee and the purpose
of the committee. The accelerated instruction program provided
under this subsection must be systematic and may not be based solely
on assessment instrument practice skills and:
(1) for a student in a third, fifth, or eighth grade
program:
(A) must provide for instruction in the
applicable subject area;
(B) must be approved by the student's parent or
guardian and the district; and
(C) [An accelerated instruction group
administered by a school district under this section] may not have a
ratio of more than 10 students for each teacher in an accelerated
instruction group; or
(2) for a student in a program other than a third,
fifth, or eighth grade program, be made available to the student in
the next grade level.
(c-1) A school district shall implement an accelerated
instruction program under Subsection (c) not later than the 30th
day after the first day of school of the next school year.
Accelerated instruction may occur outside of regular school hours,
including during summer school.
(d) In addition to providing accelerated instruction to a
student under Subsection (c), the school district shall notify the
student's parent or guardian of:
(1) the information collected under Subsection (a),
including if applicable, the student's failure to perform
satisfactorily on the assessment instrument;
(2) the accelerated instruction program to which the
student is assigned; [and]
(3) the possibility that the student might be retained
at the same grade level for the next school year;
(4) the areas requiring improvement for the student to
meet the requirements for advancement from one grade level to the
next as determined by the district under Subsection (a); and
(5) any other applicable information as determined by
the district.
(d-1) A school district shall make information provided to a
parent or guardian under Subsections (d)(1), (4), and (5) available
to the student's current teacher and the student's teacher in the
next grade level.
(d-2) The grade placement committee shall make a
determination that the student who failed to meet the requirements
for student advancement from one grade level to the next determined
by a school district under Subsection (a) be:
(1) retained at the same grade level for the next
school year; or
(2) placed in the next grade level with accelerated
instruction as provided under Subsection (c).
(d-3) A student who fails to participate in an accelerated
instruction program developed under Subsection (c)(1) may not be
promoted to the next grade level program to which the student would
otherwise be assigned if the student does not perform
satisfactorily on the applicable assessment instrument specified
under Subsection (b).
(e) A [student who, after at least three attempts, fails to
perform satisfactorily on an assessment instrument specified under
Subsection (a) shall be retained at the same grade level for the
next school year in accordance with Subsection (a). The] student's
parent or guardian may [appeal the student's retention by
submitting a] request that [to] the grade placement committee
reconsider the committee's decision under Subsection (d-2) to
retain the student [established under Subsection (c)]. The school
district shall give the parent or guardian written notice of the
opportunity to request reconsideration [appeal. The grade
placement committee may decide in favor of a student's promotion
only if the committee concludes, using standards adopted by the
board of trustees, that if promoted and given accelerated
instruction, the student is likely to perform at grade level]. A
student may not be promoted on the basis of the grade placement
committee's decision under this subsection unless that decision is
unanimous. The commissioner by rule shall establish a time line for
making the placement determination. This subsection does not
create a property interest in promotion. The decision of the grade
placement committee under this subsection is final and may not be
appealed.
(f) An accelerated instruction program under Subsection (c)
[A school district shall provide to a student who, after three
attempts, has failed to perform satisfactorily on an assessment
instrument specified under Subsection (a) accelerated instruction
during the next school year as prescribed by an educational plan
developed for the student by the student's grade placement
committee established under Subsection (c). The district shall
provide that accelerated instruction regardless of whether the
student has been promoted or retained. The educational plan] must
be designed to enable the student to perform at the appropriate
grade level by the conclusion of the school year. During the school
year, the student shall be monitored to ensure that the student is
progressing in accordance with the program [plan]. The district
shall administer to the student the assessment instrument for the
grade level in which the student is placed at the time the district
regularly administers the assessment instruments for that school
year.
(g) This section does not preclude the retention at a grade
level, in accordance with state law or school district policy, of a
student who performs satisfactorily on an assessment instrument
administered [specified] under Section 39.023 [Subsection (a)].
(i) The admission, review, and dismissal committee of a
student who participates in a district's special education program
under Subchapter B, Chapter 29, and who does not perform
satisfactorily on a mathematics or reading [an] assessment
instrument [specified under Subsection (a) and] administered under
Section 39.023(a) or (b) shall determine:
(1) the manner in which the student will participate
in an accelerated instruction program under this section; and
(2) whether the student will be promoted or retained
under this section.
SECTION 7. Section 28.025, Education Code, is amended by
amending Subsections (a), (b), and (b-1) and adding Subsections
(b-3), (b-4), and (b-5) 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
required for a subject in the enrichment curriculum. This
subsection does not prohibit the State Board of Education from
designating the total number of credits required under the
enrichment curriculum for a student participating in the minimum,
recommended, or advanced high school 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 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);
(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) eight 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.
(b-3) In adopting rules to provide students with the option
described by Subsection (b-1)(1), the State Board of Education must
approve a variety of mathematics and science courses that may be
taken by a student after completion of Algebra II and physics to
comply with the recommended program requirements. A course
approved under this subsection must contain substantively similar
and rigorous academic content as a course approved under Subsection
(b-2).
(b-4) 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-5) Notwithstanding Section 5.09, Chapter 5 (H.B. 1),
79th Legislature, 3rd Called Session, 2006, the curriculum
requirements for the recommended and advanced high school programs
under Subsection (b-1) apply to students entering the ninth grade
beginning with the 2011-2012 school year. This subsection expires
September 1, 2015.
SECTION 8. Subsection (b), Section 28.0252, 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 9. Subsection (c), Section 29.094, 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 28.0211.
SECTION 10. Subsection (d), Section 29.904, 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 11. Subsection (b), Section 32.252, 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 12. 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 13. Section 39.023, Education Code, is amended by
adding Subsection (a-1) and amending Subsections (c-4) and (e) 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.
(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.
(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.
SECTION 14. Subsection (d), Section 39.0233, 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 15. 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 at:
(1) a postsecondary educational institution that
primarily offers baccalaureate degrees and primarily serves a
limited geographic region; or
(2) a postsecondary educational institution that
primarily offers associate degrees or certificates or credentials
other than baccalaureate or advanced degrees.
(b) The agency 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 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, in conjunction with
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) To the extent practicable, the agency, in conjunction
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
conjunction 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 conjunction 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 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 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 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 jointly 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 joint 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 board jointly 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) Except as otherwise provided by Subsection (b) [this
subsection], the commissioner [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 conjunction 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;
(5) the performance standards for the grade seven
assessment instruments, as determined based on studies under
Section 39.0242 that correlate student performance on the grade
seven assessment instruments with student performance on the grade
eight assessment instruments in the same content area;
(6) the performance standards for the grade six
assessment instruments, as determined based on studies under
Section 39.0242 that correlate student performance on the grade six
assessment instruments with student performance on the grade seven
assessment instruments in the same content area;
(7) the performance standards for the grade five
assessment instruments, as determined based on studies under
Section 39.0242 that correlate student performance on the grade
five assessment instruments with student performance on the grade
six assessment instruments in the same content area;
(8) the performance standards for the grade four
assessment instruments, as determined based on studies under
Section 39.0242 that correlate student performance on the grade
four assessment instruments with student performance on the grade
five assessment instruments in the same content area; and
(9) the performance standards for the grade three
assessment instruments, as determined based on studies under
Section 39.0242 that correlate student performance on the grade
three assessment instruments with student performance on the grade
four assessment instruments in the same content area.
(b) 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 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
available [distribute] the study guides to parents of students who
do not perform satisfactorily 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 2010-2011 school
year, 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 appropriate students
throughout the state of an end-of-course assessment instrument
field test.
(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 16. 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) 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 Algebra
I and English III and any other [a] course in which the student is
enrolled and for which an end-of-course assessment instrument is
administered. Except as otherwise provided by this section, a [A]
student is required to perform satisfactorily under either
performance standard under Section 39.0241 on two of the three
end-of-course assessment instruments [achieve,] in each subject in
which the student is required to take end-of-course assessment
instruments [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 70, with each
end-of-course assessment instrument scored on a scale of 100. A
student must achieve a score of at least 60 on an end-of-course
assessment instrument for the score to count towards the student's
cumulative score]. Except as provided under Subsection (a-2), a
student participating in the minimum high school program must
perform satisfactorily on the Algebra I and English III
end-of-course assessment instruments and a student participating
in the recommended or advanced high school program must perform
satisfactorily on the Algebra II and English III end-of-course
assessment instruments. A student who performs satisfactorily on
the Algebra II and English III end-of-course assessment instruments
under the college readiness performance standard, as determined
under Section 39.024, is not required to comply with the
requirement to perform satisfactorily on two of three end-of-course
assessment instruments in those subjects [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 student's score on an end-of-course assessment
instrument constitutes 15 percent of the student's grade in the
course for which the assessment instrument is administered.
(a-2) The commissioner by rule shall determine a method by
which a student's satisfactory performance on an advanced placement
test, international baccalaureate examination, 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).
(b) Each time an end-of-course assessment instrument is
administered, a student who failed to perform satisfactorily
[achieve a score of at least 60] on the assessment instrument as
determined by the commissioner under Section 39.0241(a) 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 determined 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) The agency, in collaboration with the Texas Higher
Education Coordinating Board, shall develop senior-level English
language arts and mathematics accelerated instruction courses for
purposes of this section. If [a school district determines that] a
student does not demonstrate the performance standard for college
readiness as provided by Section 39.024(b) on the Algebra II or
English III end-of-course assessment instrument[, 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 offer [require] the
student the opportunity to enroll in a [corresponding content-area
college preparatory] course described by this subsection [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
appropriate end-of-course assessment instrument [for the course,
with the end-of-course assessment instrument scored on a scale 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 selected from a list of assessment
instruments approved 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 determination of the
commissioner regarding the list of approved alternate assessment
instruments under this subsection and the performance required on
the assessment instruments are 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 district 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 the English language arts, mathematics, science,
and social studies assessment instruments 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 17. Section 39.0261, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) As part of the assessment program under Section
39.022, the commissioner by rule shall develop a plan for
implementing college preparation assessment instruments under this
section beginning with eighth grade assessment instruments under
Subsection (a)(1) in the 2010-2011 school year.
SECTION 18. Section 39.027, Education Code, is amended by
amending Subsections (a) and (e) and adding Subsections (a-1) and
(a-2) 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 three years [one year] after initial enrollment in a school in
the United States if the student is an immigrant and a student of
limited English proficiency, as defined by Section 29.052, who, as
a result of inadequate schooling outside of the United States,
lacks the necessary foundation in the essential knowledge and
skills of the curriculum [and has not demonstrated proficiency in
English as determined by the assessment system under Subsection
(e)]; or
(4) Section 39.023(a), (b), (c), or (l) for a period of
up to five [two] years, if the student is a student of limited
English proficiency, as defined by Section 29.052, whose initial
enrollment in a school in the United States was as an unschooled
asylee or refugee [in addition to the exemption period authorized
by Subdivision (3) if the student has received an exemption under
Subdivision (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].
(a-1) The language proficiency assessment committee
established under Section 29.063 shall determine whether a student
meets the criteria under Subsection (a)(3) or (4). The
commissioner by rule shall develop procedures under which the
language proficiency assessment committee makes a determination
under this subsection. In adopting rules under this subsection,
the commissioner shall:
(1) consider the end-of-course requirements for
graduation for students; and
(2) ensure that the language proficiency assessment
committee requires students to be administered assessment
instruments under this section at the earliest practical date.
(a-2) 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) has had little or no formal schooling outside of
the United States and lacks even rudimentary literacy skills.
(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)(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)(3) or (4) applies shall be included in the
[academic excellence] indicator 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 19. Subsection (b), Section 39.033, 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 20. 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 21. 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.
(a) Not later than August 8 of each [(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);
(B) whether 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) [of the district under:
[(A) the academic accountability system under
Section 39.072]; and
(C) performance under [(B)] 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. If
the district received an accreditation status of accredited-warned
or accredited-probation for the preceding school year or if any
campus performed below a standard required under this subchapter in
the preceding school year, the commissioner shall notify the
district or campus of a subsequent such designation on or before
June 15 [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 accreditation status of the district.
(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.
(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:
(1) exclude 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) exclude students who were previously reported to
the state as dropouts; and
(3) exclude students in attendance who are not in
membership for purposes of average daily attendance;
(4) exclude students who first enrolled in U.S.
schools in grades 7 through 12 as unschooled refugees or asylees per
Section 39.027(a-2);
(5) exclude students who are in the district
exclusively as a function of having been detained at a county
detention facility but are otherwise nonstudents of the district in
which the facility is located; and
(6) exclude students who return to school at any point
up through the fourth Friday in October each year.
(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 consistent
with this section to evaluate school district and campus
performance and assign each district and campus a performance
rating that reflects satisfactory performance, unsatisfactory
performance, or performance eligible for distinction under
Subchapter G.
(a-1) A campus is considered academically accredited if the
campus is assigned a satisfactory performance rating under this
section.
(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:
(1) the campus's or school's performance on the
student achievement indicators adopted under Section 39.053(c);
and
(2) whether 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).
(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 identify satisfactory
performance as meeting the state standard determined by the
commissioner under Section 39.053(f) 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) [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).
(d-1) The commissioner by rule may adopt a method of
evaluation by which a district or campus is not assigned an
unsatisfactory performance rating solely because the district or
campus fails to satisfy the minimum performance standards on 15
percent or fewer of the measures of evaluation the commissioner
determines appropriate with respect to the student achievement
indicators adopted under Section 39.053(c). Under the method of
evaluation adopted by the commissioner under this subsection, the
commissioner:
(1) may grant an exception under this subsection to a
district or campus only if the performance of the district or campus
is within five percentage points of the minimum performance
standard established by the commissioner for the measure of
evaluation;
(2) may not grant an exception under this subsection
if a district or campus fails to satisfy the minimum performance
standard on the same measure of evaluation for two consecutive
school years; and
(3) may establish other performance criteria for a
district or campus to obtain an exception under this subsection
[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 commissioner may not limit the
number of students excluded from being counted as dropouts under
the provision of this section.
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
government 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 or 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 excessive numbers of students graduate under
the minimum high school program;
(10) 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; or
(11) 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 the 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 the district's or
campus's accountability rating under Subsection (d), the
commissioner may take action under Sections 39.101(a)(1) through
(8) or Section 39.102 [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 the financial accountability
rating system.
Sec. 39.082 [39.202]. DEVELOPMENT AND IMPLEMENTATION.
(a) The commissioner shall, in consultation with the comptroller,
develop and implement a financial accountability rating system for
school districts in this state that:
(1) distinguishes among school districts based on
levels of financial performance; and
(2) includes procedures to:
(A) provide additional transparency to public
education finance; and
(B) enable the commissioner and school district
administrators to provide meaningful financial oversight and
improvement.
(b) The system must include uniform indicators adopted by
the commissioner by which to measure a district's financial
management performance.
Sec. 39.0821. COMPTROLLER REVIEW OF RESOURCE ALLOCATION
PRACTICES. 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.
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 [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. 39.101 [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(d) [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 for which performance is currently
determined, a district has received an accreditation status of
accredited-warned or accredited-probation, has failed to satisfy
any standard under Section 39.054(d) [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(d) [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 for
which the accreditation status is currently determined, 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. 39.102 [39.132]. INTERVENTIONS AND SANCTIONS FOR
[ACADEMICALLY UNACCEPTABLE] CAMPUSES. (a) If a campus
performance is below any standard under Section 39.054(d)
[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
[(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. 39.103 [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. 39.104 [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(d) [is rated academically acceptable] for the
current school year but would not satisfy performance standards
under Section 39.054(d) [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 shall 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 school 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. 39.105 [39.1323]. CAMPUS INTERVENTION TEAM
[PROCEDURES]. (a) If a campus performance is below any standard
under Section 39.054(d), the commissioner shall assign a campus
intervention team. A campus intervention team shall:
(1) conduct:
(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 [causal] factors resulting in the campus's low
performance and lack of progress. The team shall use any of the
following guidelines and procedures relevant to any 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 number of teachers with less than three years of experience, and
teacher 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;
(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) 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-1) [(d)].
(c) On completing the on-site needs assessment [evaluation]
under this section, the campus intervention team shall 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) 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) 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; and
(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) submit the school improvement plan to the
commissioner for approval].
(e) For each year campus performance is below any standard
under Section 39.054(d), 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(d) [is rated academically
acceptable] for a two-year period; or
(B) the campus satisfies all performance
standards under Section 39.054(d) [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) may conduct one hearing relating to one or more
campuses subject to a targeted improvement plan or an updated plan;
and
(3) 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 39.106.
Sec. 39.106 [39.1324]. RECONSTITUTION, REPURPOSING,
ALTERNATIVE MANAGEMENT, AND CLOSURE [MANDATORY SANCTIONS].
(a) Unless otherwise provided under the procedures for approval of
an updated targeted improvement plan under Section 39.105(e-1) or
this subsection, after [If] a campus has been identified as below
any standard under Section 39.054(d) [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]. 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
39.105(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:
(1) students enrolled at the campus have demonstrated
significant academic improvement; or
(2) retention is appropriate under Section 39.236.
(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 the performance of a campus is below any
standard under Section 39.054(d) after the second consecutive
school year the performance of the campus is below any standard
under Section 39.054(d), 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 the board of trustees of
the school district; 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 from similar
demographic groups and with similar educational needs as the
student population 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 the performance of a campus is below any standard
under Section 39.054(d) [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].
(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 39.105(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 school, which may
include another school on the same campus, unless the commissioner
grants an exception because there is no other school 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) at least 75 percent of the 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. 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 in which the campus
performance was below any standard under Section 39.054(d);
(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. 39.107 [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. 39.108 [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. 39.109 [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. 39.110 [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 39.101(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. 39.111 [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. 39.112 [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. 39.113 [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. 39.114. CAMPUS NAME CHANGE PROHIBITED. In
reconstituting, repurposing, or imposing any other intervention or
sanction on a campus under this subchapter, other than closure, the
commissioner may not require that the name of the campus be changed.
Sec. 39.115. TRANSITIONAL INTERVENTIONS AND SANCTIONS.
(a) During the period of transition to the accreditation system
established under __.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) During the 2011-2012 school year, the commissioner
shall continue to implement interventions and sanctions for those
districts and campuses identified as having unsatisfactory
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.
(c) For purposes of determining multiple years of
unsatisfactory 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.
(d) This section expires September 1, 2014.
SUBCHAPTER F [K]. PROCEDURES FOR CHALLENGE OF ACCOUNTABILITY
DETERMINATION [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. ELIGIBILITY INDICATOR FOR DISTINCTION
DESIGNATION. (a) A district or campus is eligible for a
distinction designation under this subchapter if:
(1) the district or campus attains a minimum
percentage, as determined by the commissioner, of:
(A) students who 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) students who 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); or
(2) the district or campus demonstrates a significant
increase as compared to the preceding school year, as determined by
the commissioner, in the percentage of students who performed
satisfactorily as described by Subdivision (1)(A) or who met the
standard for annual improvement as described by Subdivision (1)(B).
(b) The commissioner shall periodically raise the minimum
percentage for the eligibility for the distinction designation
described by Subsection (a)(1) as necessary to reach the goal of
achieving, by not later than the 2019-2020 school year, 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.
(c) If college readiness performance standards are adopted
for science and social studies end-of-course assessment
instruments under Section 39.024(f), those performance standards
and assessment instruments apply in determining district or campus
eligibility under this section.
Sec. 39.202. ACADEMIC EXCELLENCE DISTINCTION DESIGNATION
FOR DISTRICTS AND CAMPUSES. (a) The commissioner shall award a
district or campus an academic excellence distinction designation
if the district or campus attains percentages of students under
Sections 39.201(a)(1) and (2) higher than the percentages
determined by the commissioner under Sections 39.201(a)(1) and (2).
(b) The commissioner by rule shall establish a recognized
and exemplary rating for the academic distinction designation under
this section. In establishing the recognized and exemplary
ratings, the commissioner shall adopt criteria for the ratings,
including the percentages of students under Sections 39.201(a)(1)
and (2). The commissioner may consider the level of increased
performance from school year to school year as a factor.
(c) The commissioner shall investigate types and amounts of
monetary and nonmonetary awards available to motivate districts and
campuses to increase the number of students who perform
satisfactorily, as determined under the college readiness
performance standard under Section 39.0241. Not later than
November 30, 2010, the commissioner shall provide a report based on
the investigation under this subsection to the governor, the
lieutenant governor, the speaker of the house, and the presiding
officers of the standing committees with primary jurisdiction over
public education and appropriations. The report must include
strategies for increasing student performance in this state to a
level that ranks in the top 10 states in terms of college 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 eligible under
Section 39.201 in annual improvement in student achievement, as
determined under Section 39.034, in English language arts,
mathematics, science, or social studies.
(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
eligible under Section 39.201 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.
(d) A campus may not be awarded a distinction designation
under this subchapter unless the campus is eligible under Section
39.201 and satisfies all performance standards under Section
39.054(d).
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. 39.231 [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 under Subchapter G 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 [39.116]. INITIATIVE FOR RETAINING QUALITY
EDUCATORS. Notwithstanding Section 39.106(b) [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
39.106(a) [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(b).
(c) Indicators for reporting purposes must include:
(1) the percentage of graduating students who meet the
course requirements established for the recommended high school
program by State Board of Education rule;
(2) 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;
(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 numerical progress of those students grouped
by percentage on subsequent assessment instruments required under
those sections, aggregated by grade level and subject area;
(4) 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;
(5) the percentage of students exempted, by exemption
category, from the assessment program generally applicable under
this chapter;
(6) the percentage of students of limited English
proficiency exempted from the administration of an assessment
instrument under Sections 39.027(a)(3) and (4);
(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 measure of progress toward college readiness;
(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 enroll and begin
instruction at an institution of higher education in the school
year following high school graduation; and
(11) 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 by the commissioner under Section 39.0241(a) 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 instruments questions and answers released under
Section 39.023(e).
Sec. 39.304. TEACHER REPORT CARD. 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 each teacher for
incoming students who were assessed on an assessment instrument
under Section 39.023.
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 (4)
[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 a
low-performing 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 a
low-performing 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 a low-performing
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 [performance
rating] of the district[, as determined] under Section 39.052
[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 22. 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 23. 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 24. 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 developed 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 25. The following provisions of the Education Code
are repealed:
(1) Subsections (e), (f), and (g), Section 39.034; and
(2) Section 44.011.
SECTION 26. (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 Subdivision
(11), Subsection (b), Section 7.055, 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.
SECTION 27. 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 28. (a) Except as provided by Subsection (b) of
this section, this Act applies beginning with the 2009-2010 school
year.
(b) 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 39.115, Education Code, as
added by this Act.
SECTION 29. 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.
* * * * *