Texas 2009 - 81st Regular

Texas Senate Bill SB3 Compare Versions

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1	1	By: Shapiro S.B. No. 3
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to public school accountability, curriculum, and
7	7	promotion requirements.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsection (a), Section 7.028, Education Code,
10	10	is amended to read as follows:
11	11	(a) Except as provided by Section 29.001(5), 29.010(a),
12	12	39.056 [39.074], or 39.057 [39.075], the agency may monitor
13	13	compliance with requirements applicable to a process or program
14	14	provided by a school district, campus, program, or school granted
15	15	charters under Chapter 12, including the process described by
16	16	Subchapter F, Chapter 11, or a program described by Subchapter B, C,
17	17	D, E, F, H, or I, Chapter 29, Subchapter A, Chapter 37, or Section
18	18	38.003, and the use of funds provided for such a program under
19	19	Subchapter C, Chapter 42, only as necessary to ensure:
20	20	(1) compliance with federal law and regulations;
21	21	(2) financial accountability, including compliance
22	22	with grant requirements; and
23	23	(3) data integrity for purposes of:
24	24	(A) the Public Education Information Management
25	25	System (PEIMS); and
26	26	(B) accountability under Chapter 39.
27	27	SECTION 2. Subsections (e) and (f), Section 7.056,
28	28	Education Code, are amended to read as follows:
29	29	(e) Except as provided by Subsection (f), a school campus or
30	30	district may not receive an exemption or waiver under this section
31	31	from:
32	32	(1) a prohibition on conduct that constitutes a
33	33	criminal offense;
34	34	(2) a requirement imposed by federal law or rule,
35	35	including a requirement for special education or bilingual
36	36	education programs; or
37	37	(3) a requirement, restriction, or prohibition
38	38	relating to:
39	39	(A) essential knowledge or skills under Section
40	40	28.002 or high school [minimum] graduation requirements under
41	41	Section 28.025;
42	42	(B) public school accountability as provided by
43	43	Subchapters B, C, D, E, and J [G], Chapter 39;
44	44	(C) extracurricular activities under Section
45	45	33.081 or participation in a University Interscholastic League
46	46	area, regional, or state competition under Section 33.0812;
47	47	(D) health and safety under Chapter 38;
48	48	(E) purchasing under Subchapter B, Chapter 44;
49	49	(F) elementary school class size limits, except
50	50	as provided by Section 25.112;
51	51	(G) removal of a disruptive student from the
52	52	classroom under Subchapter A, Chapter 37;
53	53	(H) at-risk programs under Subchapter C, Chapter
54	54	29;
55	55	(I) prekindergarten programs under Subchapter E,
56	56	Chapter 29;
57	57	(J) educator rights and benefits under
58	58	Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
59	59	A, Chapter 22;
60	60	(K) special education programs under Subchapter
61	61	A, Chapter 29;
62	62	(L) bilingual education programs under
63	63	Subchapter B, Chapter 29; or
64	64	(M) the requirements for the first day of
65	65	instruction under Section 25.0811.
66	66	(f) A school district or campus that is required to develop
67	67	and implement a student achievement improvement plan under Section
68	68	39.101 [39.131] or 39.102 [39.132] may receive an exemption or
69	69	waiver under this section from any law or rule other than:
70	70	(1) a prohibition on conduct that constitutes a
71	71	criminal offense;
72	72	(2) a requirement imposed by federal law or rule;
73	73	(3) a requirement, restriction, or prohibition
74	74	imposed by state law or rule relating to:
75	75	(A) public school accountability as provided by
76	76	Subchapters B, C, D, E, and J [G], Chapter 39; or
77	77	(B) educator rights and benefits under
78	78	Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
79	79	A, Chapter 22; or
80	80	(4) textbook selection under Chapter 31.
81	81	SECTION 3. Subsections (b) and (d), Section 8.051,
82	82	Education Code, are amended to read as follows:
83	83	(b) Each regional education service center shall annually
84	84	develop and submit to the commissioner for approval a plan for
85	85	improvement. Each plan must include the purposes and description
86	86	of the services the center will provide to:
87	87	(1) campuses that fail to satisfy any standard
88	88	[identified as academically unacceptable based on the indicators
89	89	adopted] under Section 39.054(d) [39.051];
90	90	(2) the lowest-performing campuses in the region; and
91	91	(3) other campuses.
92	92	(d) Each regional education service center shall maintain
93	93	core services for purchase by school districts and campuses. The
94	94	core services are:
95	95	(1) training and assistance in teaching each subject
96	96	area assessed under Section 39.023;
97	97	(2) training and assistance in providing each program
98	98	that qualifies for a funding allotment under Section 42.151,
99	99	42.152, 42.153, or 42.156;
100	100	(3) assistance specifically designed for a school
101	101	district rated accredited-warned or accredited-probation
102	102	[academically unacceptable] under Section 39.052 [39.072(a)] or a
103	103	campus that fails to satisfy any standard [whose performance is
104	104	considered unacceptable based on the indicators adopted] under
105	105	Section 39.054(d) [39.051];
106	106	(4) training and assistance to teachers,
107	107	administrators, members of district boards of trustees, and members
108	108	of site-based decision-making committees;
109	109	(5) assistance specifically designed for a school
110	110	district that is considered out of compliance with state or federal
111	111	special education requirements, based on the agency's most recent
112	112	compliance review of the district's special education programs; and
113	113	(6) assistance in complying with state laws and rules.
114	114	SECTION 4. Section 11.001, Education Code, is amended to
115	115	read as follows:
116	116	Sec. 11.001. ACCREDITATION. Each school district must be
117	117	accredited by the agency as provided by Subchapter C [D], Chapter
118	118	39.
119	119	SECTION 5. Subsection (d), Section 11.003, Education Code,
120	120	is amended to read as follows:
121	121	(d) The commissioner may require a district to enter into a
122	122	cooperative shared services arrangement for administrative
123	123	services if the commissioner determines:
124	124	(1) that the district has failed to satisfy a
125	125	financial accountability standard as determined by commissioner
126	126	rule under Subchapter D [I], Chapter 39; and
127	127	(2) that entering into a cooperative shared services
128	128	arrangement would:
129	129	(A) enable the district to enhance its
130	130	performance on the financial accountability standard identified
131	131	under Subdivision (1); and
132	132	(B) promote the efficient operation of the
133	133	district.
134	134	SECTION 6. Subsection (b), Section 11.1511, Education Code,
135	135	is amended to read as follows:
136	136	(b) The board shall:
137	137	(1) seek to establish working relationships with other
138	138	public entities to make effective use of community resources and to
139	139	serve the needs of public school students in the community;
140	140	(2) adopt a vision statement and comprehensive goals
141	141	for the district and the superintendent and monitor progress toward
142	142	those goals;
143	143	(3) establish performance goals for the district
144	144	concerning:
145	145	(A) the academic and fiscal performance
146	146	indicators under Subchapters C, D, and J [I], Chapter 39[,
147	147	respectively]; and
148	148	(B) any performance indicators adopted by the
149	149	district;
150	150	(4) ensure that the superintendent:
151	151	(A) is accountable for achieving performance
152	152	results;
153	153	(B) recognizes performance accomplishments; and
154	154	(C) takes action as necessary to meet performance
155	155	goals;
156	156	(5) adopt a policy to establish a district- and
157	157	campus-level planning and decision-making process as required
158	158	under Section 11.251;
159	159	(6) publish an annual educational performance report
160	160	as required under Section 39.306 [39.053];
161	161	(7) adopt an annual budget for the district as
162	162	required under Section 44.004;
163	163	(8) adopt a tax rate each fiscal year as required under
164	164	Section 26.05, Tax Code;
165	165	(9) monitor district finances to ensure that the
166	166	superintendent is properly maintaining the district's financial
167	167	procedures and records;
168	168	(10) ensure that district fiscal accounts are audited
169	169	annually as required under Section 44.008;
170	170	(11) publish an end-of-year financial report for
171	171	distribution to the community;
172	172	(12) conduct elections as required by law;
173	173	(13) by rule, adopt a process through which district
174	174	personnel, students or the parents or guardians of students, and
175	175	members of the public may obtain a hearing from the district
176	176	administrators and the board regarding a complaint;
177	177	(14) make decisions relating to terminating the
178	178	employment of district employees employed under a contract to which
179	179	Chapter 21 applies, including terminating or not renewing an
180	180	employment contract to which that chapter applies; and
181	181	(15) carry out other powers and duties as provided by
182	182	this code or other law.
183	183	SECTION 7. Subsection (d), Section 11.201, Education Code,
184	184	is amended to read as follows:
185	185	(d) The duties of the superintendent include:
186	186	(1) assuming administrative responsibility and
187	187	leadership for the planning, organization, operation, supervision,
188	188	and evaluation of the education programs, services, and facilities
189	189	of the district and for the annual performance appraisal of the
190	190	district's staff;
191	191	(2) except as provided by Section 11.202, assuming
192	192	administrative authority and responsibility for the assignment,
193	193	supervision, and evaluation of all personnel of the district other
194	194	than the superintendent;
195	195	(3) overseeing compliance with the standards for
196	196	school facilities established by the commissioner under Section
197	197	46.008;
198	198	(4) initiating the termination or suspension of an
199	199	employee or the nonrenewal of an employee's term contract;
200	200	(5) managing the day-to-day operations of the district
201	201	as its administrative manager, including implementing and
202	202	monitoring plans, procedures, programs, and systems to achieve
203	203	clearly defined and desired results in major areas of district
204	204	operations;
205	205	(6) preparing and submitting to the board of trustees
206	206	a proposed budget as provided by Section 44.002 and rules adopted
207	207	under that section, and administering the budget;
208	208	(7) preparing recommendations for policies to be
209	209	adopted by the board of trustees and overseeing the implementation
210	210	of adopted policies;
211	211	(8) developing or causing to be developed appropriate
212	212	administrative regulations to implement policies established by
213	213	the board of trustees;
214	214	(9) providing leadership for the attainment and, if
215	215	necessary, improvement of student performance in the district based
216	216	on the indicators adopted under Sections 39.053 and 39.301 [Section
217	217	39.051] and other indicators adopted by the commissioner [State
218	218	Board of Education] or the district's board of trustees;
219	219	(10) organizing the district's central
220	220	administration;
221	221	(11) consulting with the district-level committee as
222	222	required under Section 11.252(f);
223	223	(12) ensuring:
224	224	(A) adoption of a student code of conduct as
225	225	required under Section 37.001 and enforcement of that code of
226	226	conduct; and
227	227	(B) adoption and enforcement of other student
228	228	disciplinary rules and procedures as necessary;
229	229	(13) submitting reports as required by state or
230	230	federal law, rule, or regulation;
231	231	(14) providing joint leadership with the board of
232	232	trustees to ensure that the responsibilities of the board and
233	233	superintendent team are carried out; and
234	234	(15) performing any other duties assigned by action of
235	235	the board of trustees.
236	236	SECTION 8. Subsection (d), Section 11.203, Education Code,
237	237	is amended to read as follows:
238	238	(d) A principal who was employed as principal at [of] a
239	239	campus that failed to satisfy any standard under Section 39.054(d)
240	240	during the preceding school year [rated academically unacceptable,
241	241	as well as any person employed to replace that principal,] shall
242	242	participate in the program and complete the program requirements
243	243	not later than a date determined by the commissioner.
244	244	SECTION 9. Subsection (a), Section 11.252, Education Code,
245	245	is amended to read as follows:
246	246	(a) Each school district shall have a district improvement
247	247	plan that is developed, evaluated, and revised annually, in
248	248	accordance with district policy, by the superintendent with the
249	249	assistance of the district-level committee established under
250	250	Section 11.251. The purpose of the district improvement plan is to
251	251	guide district and campus staff in the improvement of student
252	252	performance for all student groups in order to attain state
253	253	standards in respect to the student achievement [academic
254	254	excellence] indicators adopted under Section 39.053 [39.051]. The
255	255	district improvement plan must include provisions for:
256	256	(1) a comprehensive needs assessment addressing
257	257	district student performance on the student achievement [academic
258	258	excellence] indicators, and other appropriate measures of
259	259	performance, that are disaggregated by all student groups served by
260	260	the district, including categories of ethnicity, socioeconomic
261	261	status, sex, and populations served by special programs, including
262	262	students in special education programs under Subchapter A, Chapter
263	263	29;
264	264	(2) measurable district performance objectives for
265	265	all appropriate student achievement [academic excellence]
266	266	indicators for all student populations, including students in
267	267	special education programs under Subchapter A, Chapter 29, and
268	268	other measures of student performance that may be identified
269	269	through the comprehensive needs assessment;
270	270	(3) strategies for improvement of student performance
271	271	that include:
272	272	(A) instructional methods for addressing the
273	273	needs of student groups not achieving their full potential;
274	274	(B) methods for addressing the needs of students
275	275	for special programs, such as suicide prevention, conflict
276	276	resolution, violence prevention, or dyslexia treatment programs;
277	277	(C) dropout reduction;
278	278	(D) integration of technology in instructional
279	279	and administrative programs;
280	280	(E) discipline management;
281	281	(F) staff development for professional staff of
282	282	the district;
283	283	(G) career education to assist students in
284	284	developing the knowledge, skills, and competencies necessary for a
285	285	broad range of career opportunities; and
286	286	(H) accelerated education;
287	287	(4) strategies for providing to middle school, junior
288	288	high school, and high school students, those students' teachers and
289	289	counselors, and those students' parents information about:
290	290	(A) higher education admissions and financial
291	291	aid opportunities;
292	292	(B) the TEXAS grant program and the Teach for
293	293	Texas grant program established under Chapter 56;
294	294	(C) the need for students to make informed
295	295	curriculum choices to be prepared for success beyond high school;
296	296	and
297	297	(D) sources of information on higher education
298	298	admissions and financial aid;
299	299	(5) resources needed to implement identified
300	300	strategies;
301	301	(6) staff responsible for ensuring the accomplishment
302	302	of each strategy;
303	303	(7) timelines for ongoing monitoring of the
304	304	implementation of each improvement strategy; and
305	305	(8) formative evaluation criteria for determining
306	306	periodically whether strategies are resulting in intended
307	307	improvement of student performance.
308	308	SECTION 10. Subsections (c) and (d), Section 11.253,
309	309	Education Code, are amended to read as follows:
310	310	(c) Each school year, the principal of each school campus,
311	311	with the assistance of the campus-level committee, shall develop,
312	312	review, and revise the campus improvement plan for the purpose of
313	313	improving student performance for all student populations,
314	314	including students in special education programs under Subchapter
315	315	A, Chapter 29, with respect to the student achievement [academic
316	316	excellence] indicators adopted under Section 39.053 [39.051] and
317	317	any other appropriate performance measures for special needs
318	318	populations.
319	319	(d) Each campus improvement plan must:
320	320	(1) assess the academic achievement for each student
321	321	in the school using the student achievement [academic excellence]
322	322	indicator system as described by Section 39.053 [39.051];
323	323	(2) set the campus performance objectives based on the
324	324	student achievement [academic excellence] indicator system,
325	325	including objectives for special needs populations, including
326	326	students in special education programs under Subchapter A, Chapter
327	327	29;
328	328	(3) identify how the campus goals will be met for each
329	329	student;
330	330	(4) determine the resources needed to implement the
331	331	plan;
332	332	(5) identify staff needed to implement the plan;
333	333	(6) set timelines for reaching the goals;
334	334	(7) measure progress toward the performance
335	335	objectives periodically to ensure that the plan is resulting in
336	336	academic improvement;
337	337	(8) include goals and methods for violence prevention
338	338	and intervention on campus; and
339	339	(9) provide for a program to encourage parental
340	340	involvement at the campus.
341	341	SECTION 11. Subsection (a), Section 11.255, Education Code,
342	342	is amended to read as follows:
343	343	(a) Each district-level planning and decision-making
344	344	committee and each campus-level planning and decision-making
345	345	committee for a junior, middle, or high school campus shall analyze
346	346	information related to dropout prevention, including:
347	347	(1) the results of the audit of dropout records
348	348	required by Section 39.308 [39.055];
349	349	(2) campus information related to graduation rates,
350	350	dropout rates, high school equivalency certificate rates, and the
351	351	percentage of students who remain in high school more than four
352	352	years after entering grade level 9;
353	353	(3) the number of students who enter a high school
354	354	equivalency certificate program and:
355	355	(A) do not complete the program;
356	356	(B) complete the program but do not take the high
357	357	school equivalency examination; or
358	358	(C) complete the program and take the high school
359	359	equivalency examination but do not obtain a high school equivalency
360	360	certificate;
361	361	(4) for students enrolled in grade levels 9 and 10,
362	362	information related to academic credit hours earned, retention
363	363	rates, and placements in alternative education programs and
364	364	expulsions under Chapter 37; and
365	365	(5) the results of an evaluation of each school-based
366	366	dropout prevention program in the district.
367	367	SECTION 12. Subsection (b), Section 12.013, Education Code,
368	368	is amended to read as follows:
369	369	(b) A home-rule school district is subject to:
370	370	(1) a provision of this title establishing a criminal
371	371	offense;
372	372	(2) a provision of this title relating to limitations
373	373	on liability; and
374	374	(3) a prohibition, restriction, or requirement, as
375	375	applicable, imposed by this title or a rule adopted under this
376	376	title, relating to:
377	377	(A) the Public Education Information Management
378	378	System (PEIMS) to the extent necessary to monitor compliance with
379	379	this subchapter as determined by the commissioner;
380	380	(B) educator certification under Chapter 21 and
381	381	educator rights under Sections 21.407, 21.408, and 22.001;
382	382	(C) criminal history records under Subchapter C,
383	383	Chapter 22;
384	384	(D) student admissions under Section 25.001;
385	385	(E) school attendance under Sections 25.085,
386	386	25.086, and 25.087;
387	387	(F) inter-district or inter-county transfers of
388	388	students under Subchapter B, Chapter 25;
389	389	(G) elementary class size limits under Section
390	390	25.112, in the case of any campus in the district that fails to
391	391	satisfy any standard [is considered academically unacceptable]
392	392	under Section 39.054(d) [39.132];
393	393	(H) high school graduation under Section 28.025;
394	394	(I) special education programs under Subchapter
395	395	A, Chapter 29;
396	396	(J) bilingual education under Subchapter B,
397	397	Chapter 29;
398	398	(K) prekindergarten programs under Subchapter E,
399	399	Chapter 29;
400	400	(L) safety provisions relating to the
401	401	transportation of students under Sections 34.002, 34.003, 34.004,
402	402	and 34.008;
403	403	(M) computation and distribution of state aid
404	404	under Chapters 31, 42, and 43;
405	405	(N) extracurricular activities under Section
406	406	33.081;
407	407	(O) health and safety under Chapter 38;
408	408	(P) public school accountability under
409	409	Subchapters B, C, D, E, and J [G], Chapter 39;
410	410	(Q) equalized wealth under Chapter 41;
411	411	(R) a bond or other obligation or tax rate under
412	412	Chapters 42, 43, and 45; and
413	413	(S) purchasing under Chapter 44.
414	414	SECTION 13. Subsection (b), Section 12.056, Education Code,
415	415	is amended to read as follows:
416	416	(b) A campus or program for which a charter is granted under
417	417	this subchapter is subject to:
418	418	(1) a provision of this title establishing a criminal
419	419	offense; and
420	420	(2) a prohibition, restriction, or requirement, as
421	421	applicable, imposed by this title or a rule adopted under this
422	422	title, relating to:
423	423	(A) the Public Education Information Management
424	424	System (PEIMS) to the extent necessary to monitor compliance with
425	425	this subchapter as determined by the commissioner;
426	426	(B) criminal history records under Subchapter C,
427	427	Chapter 22;
428	428	(C) high school graduation under Section 28.025;
429	429	(D) special education programs under Subchapter
430	430	A, Chapter 29;
431	431	(E) bilingual education under Subchapter B,
432	432	Chapter 29;
433	433	(F) prekindergarten programs under Subchapter E,
434	434	Chapter 29;
435	435	(G) extracurricular activities under Section
436	436	33.081;
437	437	(H) health and safety under Chapter 38; and
438	438	(I) public school accountability under
439	439	Subchapters B, C, E [D], and J [G], Chapter 39.
440	440	SECTION 14. Subdivision (5), Section 12.1012, Education
441	441	Code, is amended to read as follows:
442	442	(5) "Management services" means services related to
443	443	the management or operation of an open-enrollment charter school,
444	444	including:
445	445	(A) planning, operating, supervising, and
446	446	evaluating the school's educational programs, services, and
447	447	facilities;
448	448	(B) making recommendations to the governing body
449	449	of the school relating to the selection of school personnel;
450	450	(C) managing the school's day-to-day operations
451	451	as its administrative manager;
452	452	(D) preparing and submitting to the governing
453	453	body of the school a proposed budget;
454	454	(E) recommending policies to be adopted by the
455	455	governing body of the school, developing appropriate procedures to
456	456	implement policies adopted by the governing body of the school, and
457	457	overseeing the implementation of adopted policies; and
458	458	(F) providing leadership for the attainment of
459	459	student performance at the school based on the indicators adopted
460	460	under Sections 39.053 and 39.301 [Section 39.051] or by the
461	461	governing body of the school.
462	462	SECTION 15. Subsection (b), Section 12.104, Education Code,
463	463	is amended to read as follows:
464	464	(b) An open-enrollment charter school is subject to:
465	465	(1) a provision of this title establishing a criminal
466	466	offense; and
467	467	(2) a prohibition, restriction, or requirement, as
468	468	applicable, imposed by this title or a rule adopted under this
469	469	title, relating to:
470	470	(A) the Public Education Information Management
471	471	System (PEIMS) to the extent necessary to monitor compliance with
472	472	this subchapter as determined by the commissioner;
473	473	(B) criminal history records under Subchapter C,
474	474	Chapter 22;
475	475	(C) reading instruments and accelerated reading
476	476	instruction programs under Section 28.006;
477	477	(D) [satisfactory performance on assessment
478	478	instruments and to] accelerated instruction under Section 28.0211;
479	479	(E) high school graduation requirements under
480	480	Section 28.025;
481	481	(F) special education programs under Subchapter
482	482	A, Chapter 29;
483	483	(G) bilingual education under Subchapter B,
484	484	Chapter 29;
485	485	(H) prekindergarten programs under Subchapter E,
486	486	Chapter 29;
487	487	(I) extracurricular activities under Section
488	488	33.081;
489	489	(J) discipline management practices or behavior
490	490	management techniques under Section 37.0021;
491	491	(K) health and safety under Chapter 38;
492	492	(L) public school accountability under
493	493	Subchapters B, C, D, E, and J [G], Chapter 39;
494	494	(M) the requirement under Section 21.006 to
495	495	report an educator's misconduct; and
496	496	(N) intensive programs of instruction under
497	497	Section 28.0213.
498	498	SECTION 16. Subsection (a), Section 12.1054, Education
499	499	Code, is amended to read as follows:
500	500	(a) A member of the governing body of a charter holder, a
501	501	member of the governing body of an open-enrollment charter school,
502	502	or an officer of an open-enrollment charter school is considered to
503	503	be a local public official for purposes of Chapter 171, Local
504	504	Government Code. For purposes of that chapter:
505	505	(1) a member of the governing body of a charter holder
506	506	or a member of the governing body or officer of an open-enrollment
507	507	charter school is considered to have a substantial interest in a
508	508	business entity if a person related to the member or officer in the
509	509	third degree by consanguinity or affinity, as determined under
510	510	Chapter 573, Government Code, has a substantial interest in the
511	511	business entity under Section 171.002, Local Government Code;
512	512	(2) notwithstanding any provision of Subdivision (1)
513	513	[Section 12.1054(1)], an employee of an open-enrollment charter
514	514	school that satisfies all performance standards [rated as
515	515	academically acceptable or higher] under Section 39.054(d)
516	516	[Chapter 39] for at least two of the preceding three school years
517	517	may serve as a member of the governing body of the charter holder of
518	518	the governing body of the school if the employees do not constitute
519	519	a quorum of the governing body or any committee of the governing
520	520	body; however, all members shall comply with the requirements of
521	521	Sections 171.003-171.007, Local Government Code.
522	522	SECTION 17. Subsection (b), Section 12.1055, Education
523	523	Code, is amended to read as follows:
524	524	(b) Notwithstanding Subsection (a), if an open-enrollment
525	525	charter school satisfies all performance standards [is rated
526	526	academically acceptable or higher] under Section 39.054(d)
527	527	[Chapter 39] for at least two of the preceding three school years,
528	528	then Chapter 573, Government Code, does not apply to that school;
529	529	however, a member of the governing body of a charter holder or a
530	530	member of the governing body or officer of an open-enrollment
531	531	charter school shall comply with the requirements of Sections
532	532	171.003-171.007, Local Government Code, with respect to a personnel
533	533	matter concerning a person related to the member or officer within
534	534	the degree specified by Section 573.002, Government Code, as if the
535	535	personnel matter were a transaction with a business entity subject
536	536	to those sections, and persons defined under Sections
537	537	573.021-573.025, Government Code, shall not constitute a quorum of
538	538	the governing body or any committee of the governing body.
539	539	SECTION 18. Subsection (a), Section 12.1162, Education
540	540	Code, is amended to read as follows:
541	541	(a) The commissioner shall take any of the actions described
542	542	by Subsection (b) or by Section 39.101(a) [39.131(a)], to the
543	543	extent the commissioner determines necessary, if an
544	544	open-enrollment charter school, as determined by a report issued
545	545	under Section 39.058(b) [39.076(b)]:
546	546	(1) commits a material violation of the school's
547	547	charter;
548	548	(2) fails to satisfy generally accepted accounting
549	549	standards of fiscal management; or
550	550	(3) fails to comply with this subchapter or another
551	551	applicable rule or law.
552	552	SECTION 19. Subsection (a), Section 18.006, Education Code,
553	553	is amended to read as follows:
554	554	(a) The commissioner shall develop and implement a system of
555	555	accountability consistent with Chapter 39, where appropriate, to be
556	556	used in assigning an annual performance rating to Job Corps diploma
557	557	programs comparable to the ratings assigned to school districts
558	558	under Section 39.054 [39.072].
559	559	SECTION 20. Subsection (e), Section 21.354, Education Code,
560	560	is amended to read as follows:
561	561	(e) The appraisal of a principal shall include
562	562	consideration of the performance of a principal's campus on the
563	563	student achievement indicators established under Section 39.053
564	564	[39.051] and the campus's objectives established under Section
565	565	11.253, including performance gains of the campus and the
566	566	maintenance of those gains.
567	567	SECTION 21. Subsection (c), Section 21.357, Education Code,
568	568	is amended to read as follows:
569	569	(c) A performance incentive awarded to a principal under
570	570	this section must be distributed to the principal's school and used
571	571	in the manner determined by the campus-level committee established
572	572	under Section 11.253 in accordance with the requirements of Section
573	573	39.264(a) [39.094(a)].
574	574	SECTION 22. Subsection (b), Section 21.4541, Education
575	575	Code, is amended to read as follows:
576	576	(b) A school district or campus is eligible to participate
577	577	in the pilot program under this section if the district or campus
578	578	meets the eligibility criteria established as provided by Section
579	579	39.408 [39.358].
580	580	SECTION 23. Subsection (c), Section 21.4551, Education
581	581	Code, is amended to read as follows:
582	582	(c) The commissioner by rule shall require a teacher to
583	583	attend a reading academy if the teacher provides instruction in
584	584	reading, mathematics, science, or social studies to students at the
585	585	sixth, seventh, or eighth grade level at a campus that fails to
586	586	satisfy any standard [is considered academically unacceptable]
587	587	under Section 39.054(d) [39.132] on the basis of student
588	588	performance on the reading assessment instrument administered
589	589	under Section 39.023(a) to students in any grade level at the
590	590	campus.
591	591	SECTION 24. Section 28.002, Education Code, is amended by
592	592	adding Subsections (c-1), (c-2), and (c-3) to read as follows:
593	593	(c-1) The State Board of Education may adopt rules to allow
594	594	courses offered in the foundation curriculum or the enrichment
595	595	curriculum to simultaneously satisfy, to the extent practicable,
596	596	more than one required credit for the minimum, recommended, or
597	597	advanced high school program in which the student is participating.
598	598	(c-2) The State Board of Education shall adopt rules to
599	599	authorize each school district to implement a program under which
600	600	students in middle or junior high school may earn credits toward
601	601	high school graduation in middle or junior high school for any
602	602	course determined by board rule to qualify as a high school
603	603	equivalent course.
604	604	(c-3) The State Board of Education shall adopt rules
605	605	requiring students enrolled in grade levels six, seven, and eight
606	606	to complete a fine arts course for at least four semesters during
607	607	those grade levels as part of a district's fine arts curriculum.
608	608	SECTION 25. Subsection (j), Section 28.006, Education Code,
609	609	is amended to read as follows:
610	610	(j) No more than 15 percent of the funds certified by the
611	611	commissioner under Subsection (i) may be spent on indirect
612	612	costs. The commissioner shall evaluate the programs that fail to
613	613	meet the standard of performance under Section 39.301(c)(4)
614	614	[39.051(b)(8)] and may implement sanctions under Subchapter E [G],
615	615	Chapter 39. The commissioner may audit the expenditures of funds
616	616	appropriated for purposes of this section. The use of the funds
617	617	appropriated for purposes of this section shall be verified as part
618	618	of the district audit under Section 44.008.
619	619	SECTION 26. Subsection (d), Section 28.014, Education Code,
620	620	is amended to read as follows:
621	621	(d) The agency, in coordination with the Texas Higher
622	622	Education Coordinating Board, shall adopt a series of questions to
623	623	be included in an end-of-course assessment instrument administered
624	624	under Subsection (c) to be used for purposes of Section
625	625	51.3062. The questions must be developed in a manner consistent
626	626	with any college readiness standards adopted under Sections 39.233
627	627	[39.113] and 51.3062. A student's performance on a question
628	628	adopted under this subsection may not be used to determine the
629	629	student's performance on an end-of-course assessment instrument.
630	630	SECTION 27. The heading to Section 28.0211, Education Code,
631	631	is amended to read as follows:
632	632	Sec. 28.0211. STUDENT ADVANCEMENT DETERMINATION;
633	633	[SATISFACTORY] PERFORMANCE ON ASSESSMENT INSTRUMENTS [REQUIRED];
634	634	ACCELERATED INSTRUCTION.
635	635	SECTION 28. Section 28.0211, Education Code, is amended by
636	636	amending Subsections (a), (b), (c), (d), (e), (f), (g), (i), and (k)
637	637	and adding Subsections (c-1), (d-1), (d-2), and (d-3) to read as
638	638	follows:
639	639	(a) Not later than the first day of the school year, a school
640	640	district shall determine the requirements for student advancement
641	641	from one grade level to the next. In determining whether a student
642	642	may be promoted to the next grade level, the district shall
643	643	consider:
644	644	(1) the recommendation of the student's teacher;
645	645	(2) the student's grade in each subject or course;
646	646	(3) the student's score on an assessment instrument
647	647	administered under Section 39.023(a), (b), or (l); and
648	648	(4) any other necessary information, as determined by
649	649	the district [Except as provided by Subsection (b) or (e), a student
650	650	may not be promoted to:
651	651	[(1) the fourth grade program to which the student
652	652	would otherwise be assigned if the student does not perform
653	653	satisfactorily on the third grade reading assessment instrument
654	654	under Section 39.023;
655	655	[(2) the sixth grade program to which the student
656	656	would otherwise be assigned if the student does not perform
657	657	satisfactorily on the fifth grade mathematics and reading
658	658	assessment instruments under Section 39.023; or
659	659	[(3) the ninth grade program to which the student
660	660	would otherwise be assigned if the student does not perform
661	661	satisfactorily on the eighth grade mathematics and reading
662	662	assessment instruments under Section 39.023].
663	663	(b) A school district shall provide to a student who
664	664	initially fails to perform satisfactorily on the third grade
665	665	reading assessment instrument, the fifth grade mathematics and
666	666	reading assessment instruments, or the eighth grade mathematics and
667	667	reading assessment instruments under Section 39.023 an [assessment
668	668	instrument specified under Subsection (a) at least two] additional
669	669	opportunity [opportunities] to take the assessment instrument. [A
670	670	school district may administer an alternate assessment instrument
671	671	to a student who has failed an assessment instrument specified
672	672	under Subsection (a) on the previous two opportunities.
673	673	Notwithstanding any other provision of this section, a student may
674	674	be promoted if the student performs at grade level on an alternate
675	675	assessment instrument under this subsection that is appropriate for
676	676	the student's grade level and approved by the commissioner.]
677	677	(c) If [Each time] a student fails to perform satisfactorily
678	678	on a mathematics or reading [an] assessment instrument administered
679	679	[specified] under Section 39.023(a), (b), or (l) in the third,
680	680	fifth, or eighth grade [Subsection (a)], the school district in
681	681	which the student attends school shall provide to the student
682	682	accelerated instruction in the applicable subject area. If a
683	683	student in a third, fifth, or eighth grade program fails to meet the
684	684	requirements for student advancement from one grade level to the
685	685	next as determined by a school district under Subsection (a), the
686	686	district shall establish[, including reading instruction for a
687	687	student who fails to perform satisfactorily on a reading assessment
688	688	instrument. After a student fails to perform satisfactorily on an
689	689	assessment instrument a second time,] a grade placement committee
690	690	[shall be established] to prescribe the accelerated instruction the
691	691	district shall provide to the student. If a student in a program
692	692	other than a third, fifth, or eighth grade program fails to meet the
693	693	requirements for student advancement from one grade level to the
694	694	next as determined by a school district under Subsection (a), the
695	695	district may establish a grade placement committee to prescribe the
696	696	accelerated instruction the district shall provide to the student
697	697	[before the student is administered the assessment instrument the
698	698	third time]. The grade placement committee shall be composed of the
699	699	principal or the principal's designee, the student's parent or
700	700	guardian, and the teacher of the subject of an assessment
701	701	instrument on which the student failed to perform satisfactorily.
702	702	The district shall notify the parent or guardian of the time and
703	703	place for convening the grade placement committee and the purpose
704	704	of the committee. The accelerated instruction program provided
705	705	under this subsection must be systematic and may not be based solely
706	706	on assessment instrument practice skills and:
707	707	(1) for a student in a third, fifth, or eighth grade
708	708	program:
709	709	(A) must provide for instruction in the
710	710	applicable subject area;
711	711	(B) must be approved by the student's parent or
712	712	guardian and the district; and
713	713	(C) [An accelerated instruction group
714	714	administered by a school district under this section] may not have a
715	715	ratio of more than 10 students for each teacher in an accelerated
716	716	instruction group; or
717	717	(2) for a student in a program other than a third,
718	718	fifth, or eighth grade program, be made available to the student in
719	719	the next grade level.
720	720	(c-1) A school district shall implement an accelerated
721	721	instruction program under Subsection (c) not later than the 30th
722	722	day after the first day of school of the next school year.
723	723	Accelerated instruction may occur outside of regular school hours,
724	724	including during summer school.
725	725	(d) In addition to providing accelerated instruction to a
726	726	student under Subsection (c), the school district shall notify the
727	727	student's parent or guardian of:
728	728	(1) the information collected under Subsection (a),
729	729	including if applicable, the student's failure to perform
730	730	satisfactorily on the assessment instrument;
731	731	(2) the accelerated instruction program to which the
732	732	student is assigned; [and]
733	733	(3) the possibility that the student might be retained
734	734	at the same grade level for the next school year;
735	735	(4) the areas requiring improvement for the student to
736	736	meet the requirements for advancement from one grade level to the
737	737	next as determined by the district under Subsection (a); and
738	738	(5) any other applicable information as determined by
739	739	the district.
740	740	(d-1) A school district shall make information provided to a
741	741	parent or guardian under Subsections (d)(1), (4), and (5) available
742	742	to the student's current teacher and the student's teacher in the
743	743	next grade level.
744	744	(d-2) The grade placement committee shall make a
745	745	determination that the student who failed to meet the requirements
746	746	for student advancement from one grade level to the next determined
747	747	by a school district under Subsection (a) be:
748	748	(1) retained at the same grade level for the next
749	749	school year; or
750	750	(2) placed in the next grade level with accelerated
751	751	instruction as provided under Subsection (c).
752	752	(d-3) A student who fails to participate in an accelerated
753	753	instruction program developed under Subsection (c)(1) may not be
754	754	promoted to the next grade level program to which the student would
755	755	otherwise be assigned if the student does not perform
756	756	satisfactorily on the applicable assessment instrument specified
757	757	under Subsection (b).
758	758	(e) A [student who, after at least three attempts, fails to
759	759	perform satisfactorily on an assessment instrument specified under
760	760	Subsection (a) shall be retained at the same grade level for the
761	761	next school year in accordance with Subsection (a). The] student's
762	762	parent or guardian may [appeal the student's retention by
763	763	submitting a] request that [to] the grade placement committee
764	764	reconsider the committee's decision under Subsection (d-2) to
765	765	retain the student [established under Subsection (c)]. The school
766	766	district shall give the parent or guardian written notice of the
767	767	opportunity to request reconsideration [appeal. The grade
768	768	placement committee may decide in favor of a student's promotion
769	769	only if the committee concludes, using standards adopted by the
770	770	board of trustees, that if promoted and given accelerated
771	771	instruction, the student is likely to perform at grade level]. A
772	772	student may not be promoted on the basis of the grade placement
773	773	committee's decision under this subsection unless that decision is
774	774	unanimous. The commissioner by rule shall establish a time line for
775	775	making the placement determination. This subsection does not
776	776	create a property interest in promotion. The decision of the grade
777	777	placement committee under this subsection is final and may not be
778	778	appealed.
779	779	(f) An accelerated instruction program under Subsection (c)
780	780	[A school district shall provide to a student who, after three
781	781	attempts, has failed to perform satisfactorily on an assessment
782	782	instrument specified under Subsection (a) accelerated instruction
783	783	during the next school year as prescribed by an educational plan
784	784	developed for the student by the student's grade placement
785	785	committee established under Subsection (c). The district shall
786	786	provide that accelerated instruction regardless of whether the
787	787	student has been promoted or retained. The educational plan] must
788	788	be designed to enable the student to perform at the appropriate
789	789	grade level by the conclusion of the school year. During the school
790	790	year, the student shall be monitored to ensure that the student is
791	791	progressing in accordance with the program [plan]. The district
792	792	shall administer to the student the assessment instrument for the
793	793	grade level in which the student is placed at the time the district
794	794	regularly administers the assessment instruments for that school
795	795	year.
796	796	(g) This section does not preclude the retention at a grade
797	797	level, in accordance with state law or school district policy, of a
798	798	student who performs satisfactorily on an assessment instrument
799	799	administered [specified] under Section 39.023 [Subsection (a)].
800	800	(i) The admission, review, and dismissal committee of a
801	801	student who participates in a district's special education program
802	802	under Subchapter B, Chapter 29, and who does not perform
803	803	satisfactorily on a mathematics or reading [an] assessment
804	804	instrument [specified under Subsection (a) and] administered under
805	805	Section 39.023(a) or (b) shall determine:
806	806	(1) the manner in which the student will participate
807	807	in an accelerated instruction program under this section; and
808	808	(2) whether the student will be promoted or retained
809	809	under this section.
810	810	(k) The commissioner shall adopt rules as necessary to
811	811	implement this section, including rules concerning when school
812	812	districts shall administer assessment instruments required under
813	813	this section and which administration of the assessment instruments
814	814	will be used for purposes of Section 39.053 [39.051].
815	815	SECTION 29. Subchapter B, Chapter 28, Education Code, is
816	816	amended by adding Section 28.0216 to read as follows:
817	817	Sec. 28.0216. DISTRICT GRADING POLICY. A school district
818	818	shall adopt a grading policy, including provisions for the
819	819	assignment of grades on class assignments and examinations, before
820	820	each school year. A district grading policy:
821	821	(1) must require a classroom teacher to assign a grade
822	822	that reflects the student's relative mastery of an assignment; and
823	823	(2) may not require a classroom teacher to assign a
824	824	minimum grade for an assignment without regard to the student's
825	825	quality of work.
826	826	SECTION 30. Section 28.025, Education Code, is amended by
827	827	amending Subsections (a), (b), and (b-1) and adding Subsections
828	828	(b-3), (b-4), and (b-5) to read as follows:
829	829	(a) The State Board of Education by rule shall determine
830	830	curriculum requirements for the minimum, recommended, and advanced
831	831	high school programs that are consistent with the required
832	832	curriculum under Section 28.002. Subject to Subsection (b-1), the
833	833	State Board of Education shall designate the specific courses in
834	834	the foundation curriculum required for a student participating in
835	835	the minimum, recommended, or advanced high school program. Except
836	836	as provided by Subsection (b-1), the State Board of Education may
837	837	not designate a specific course or a specific number of credits
838	838	required for a subject in the enrichment curriculum. This
839	839	subsection does not prohibit the State Board of Education from
840	840	designating the total number of credits required under the
841	841	enrichment curriculum for a student participating in the minimum,
842	842	recommended, or advanced high school program.
843	843	(b) A school district shall ensure that each student enrolls
844	844	in the courses necessary to complete the curriculum requirements
845	845	identified by the State Board of Education under Subsection (a) for
846	846	the recommended or advanced high school program unless the student,
847	847	the student's parent or other person standing in parental relation
848	848	to the student, and a school counselor or school administrator
849	849	agree that the student should be permitted to take courses under the
850	850	minimum high school program and the student:
851	851	(1) is at least 16 years of age;
852	852	(2) has completed two credits required for graduation
853	853	in each subject of the foundation curriculum under Section
854	854	28.002(a)(1); or
855	855	(3) has failed to be promoted to the tenth grade one or
856	856	more times as determined by the school district.
857	857	(b-1) The State Board of Education by rule shall require
858	858	that:
859	859	(1) except as provided by Subsection (b-2), the
860	860	curriculum requirements for the recommended and advanced high
861	861	school programs under Subsection (a) include a requirement that
862	862	students successfully complete:
863	863	(A) four credits [courses] in each subject of the
864	864	foundation curriculum under Section 28.002(a)(1), including at
865	865	least one-half credit in government and at least one-half credit in
866	866	economics to meet the social studies requirement;
867	867	(B) for the recommended high school program, two
868	868	credits in the same language in a language other than English under
869	869	Section 28.002(a)(2)(A) and, for the advanced high school program,
870	870	three credits in the same language in a language other than English
871	871	under Section 28.002(a)(2)(A); and
872	872	(C) eight elective credits; and
873	873	(2) one or more credits [courses] offered in the
874	874	required curriculum for the recommended and advanced high school
875	875	programs include a research writing component.
876	876	(b-3) In adopting rules to provide students with the option
877	877	described by Subsection (b-1)(1), the State Board of Education must
878	878	approve a variety of mathematics and science courses that may be
879	879	taken by a student after completion of Algebra II and physics to
880	880	comply with the recommended program requirements. A course
881	881	approved under this subsection must contain substantively similar
882	882	and rigorous academic content as a course approved under Subsection
883	883	(b-2).
884	884	(b-4) Before a student's parent or other person standing in
885	885	parental relation to the student may agree that the student be
886	886	permitted to take courses under the minimum high school program as
887	887	provided by Subsection (b), a school district must provide written
888	888	notice to the parent or person standing in parental relation
889	889	explaining the benefits of the recommended high school program.
890	890	The notice shall be developed by the agency and must:
891	891	(1) be printed in English and Spanish; and
892	892	(2) require that the student's parent or person
893	893	standing in parental relation to the student sign a confirmation of
894	894	receipt and return the confirmation to the student's campus.
895	895	(b-5) Notwithstanding Section 5.09, Chapter 5 (H.B. 1),
896	896	79th Legislature, 3rd Called Session, 2006, the curriculum
897	897	requirements for the recommended and advanced high school programs
898	898	under Subsection (b-1) apply to students entering the ninth grade
899	899	beginning with the 2011-2012 school year. This subsection expires
900	900	September 1, 2015.
901	901	SECTION 31. Subsection (b), Section 28.0252, Education
902	902	Code, is amended to read as follows:
903	903	(b) If the commissioner develops a standard method under
904	904	this section, a school district shall use the standard method to
905	905	compute a student's high school grade point average[, except that
906	906	to the extent of a conflict between that method and the method
907	907	adopted under Section 51.807, the student's grade point average
908	908	computed in accordance with the method established under Section
909	909	51.807 shall be used in determining the student's eligibility for
910	910	university admission under Subchapter U, Chapter 51].
911	911	SECTION 32. Subsection (a), Section 29.062, Education Code,
912	912	is amended to read as follows:
913	913	(a) The legislature recognizes that compliance with this
914	914	subchapter is an imperative public necessity. Therefore, in
915	915	accordance with the policy of the state, the agency shall evaluate
916	916	the effectiveness of programs under this subchapter based on the
917	917	student achievement [academic excellence] indicators adopted under
918	918	Section 39.053 [39.051(a)], including the results of assessment
919	919	instruments. The agency may combine evaluations under this section
920	920	with federal accountability measures concerning students of
921	921	limited English proficiency.
922	922	SECTION 33. Subsection (c), Section 29.094, Education Code,
923	923	is amended to read as follows:
924	924	(c) A campus may apply to the commissioner to participate in
925	925	the pilot program. The commissioner may select for participation
926	926	in the pilot program only campuses that have failed to improve
927	927	student performance in reading according to standards established
928	928	by the commissioner. The standards established by the commissioner
929	929	for purposes of this subsection must be based on reading
930	930	performance standards considered [required] for student promotion
931	931	under Section 28.0211.
932	932	SECTION 34. Subdivision (1), Subsection (a), Section
933	933	29.095, Education Code, as added by Chapter 1058 (H.B. 2237), Acts
934	934	of the 80th Legislature, Regular Session, 2007, is amended to read
935	935	as follows:
936	936	(1) "Council" means the High School Completion and
937	937	Success Initiative Council established under Subchapter M [L],
938	938	Chapter 39.
939	939	SECTION 35. Subsection (c), Section 29.095, Education Code,
940	940	as added by Chapter 1058 (H.B. 2237), Acts of the 80th Legislature,
941	941	Regular Session, 2007, is amended to read as follows:
942	942	(c) The commissioner may award a grant in an amount not to
943	943	exceed $5,000 in a school year to a school district on behalf of a
944	944	student club at a district high school campus that is eligible under
945	945	the criteria established under Section 39.408 [39.358]. To be
946	946	eligible for a grant, the student club and the club's sponsor must
947	947	be sanctioned by the campus and district. A grant awarded under
948	948	this program must be matched by other federal, state, or local
949	949	funds, including donations, in an amount equal to the amount of the
950	950	grant. A district shall seek donations or sponsorships from local
951	951	businesses or community organizations to raise the matching funds.
952	952	The commissioner may award a grant on behalf of more than one
953	953	student club at a campus in the same school year.
954	954	SECTION 36. Subsections (a) and (c), Section 29.096,
955	955	Education Code, are amended to read as follows:
956	956	(a) In this section, "council" means the High School
957	957	Completion and Success Initiative Council established under
958	958	Subchapter M [L], Chapter 39.
959	959	(c) A school district or open-enrollment charter school is
960	960	eligible to participate and receive a grant under this section
961	961	under the eligibility criteria established under Section 39.408
962	962	[39.358].
963	963	SECTION 37. Subdivision (1), Subsection (a), Section
964	964	29.097, Education Code, is amended to read as follows:
965	965	(1) "Council" means the High School Completion and
966	966	Success Initiative Council established under Subchapter M [L],
967	967	Chapter 39.
968	968	SECTION 38. Subsection (c), Section 29.097, Education Code,
969	969	is amended to read as follows:
970	970	(c) The commissioner may select for participation in the
971	971	pilot program only a campus that is eligible under the criteria
972	972	established under Section 39.408 [39.358].
973	973	SECTION 39. Subsection (c), Section 29.098, Education Code,
974	974	is amended to read as follows:
975	975	(c) The commissioner of education may select for
976	976	participation in the pilot program only a campus that is eligible
977	977	under the criteria established under Section 39.408 [39.358].
978	978	SECTION 40. Subsection (a), Section 29.202, Education Code,
979	979	is amended to read as follows:
980	980	(a) A student is eligible to receive a public education
981	981	grant or to attend another public school in the district in which
982	982	the student resides under this subchapter if the student is
983	983	assigned to attend a public school campus:
984	984	(1) at which 50 percent or more of the students did not
985	985	perform satisfactorily on an assessment instrument administered
986	986	under Section 39.023(a) or (c) in any two of the preceding three
987	987	years; or
988	988	(2) that [was], at any time in the preceding three
989	989	years, failed to satisfy any standard [considered academically
990	990	unacceptable] under Section 39.054(d) [39.132].
991	991	SECTION 41. Subsection (d), Section 29.904, Education Code,
992	992	is amended to read as follows:
993	993	(d) A plan developed under this section:
994	994	(1) must establish clear, achievable goals for
995	995	increasing the percentage of the school district's graduating
996	996	seniors, particularly the graduating seniors attending a high
997	997	school described by Subsection (a), who enroll in an institution of
998	998	higher education for the academic year following graduation;
999	999	(2) must establish an accurate method of measuring
1000	1000	progress toward the goals established under Subdivision (1) that
1001	1001	may include the percentage of district high school students and the
1002	1002	percentage of students attending a district high school described
1003	1003	by Subsection (a) who:
1004	1004	(A) are enrolled in a course for which a student
1005	1005	may earn college credit, such as an advanced placement or
1006	1006	international baccalaureate course or a course offered through
1007	1007	concurrent enrollment in high school and at an institution of
1008	1008	higher education;
1009	1009	(B) are enrolled in courses that meet the
1010	1010	curriculum requirements for the recommended or advanced high school
1011	1011	program as determined under Section 28.025;
1012	1012	(C) have submitted a free application for federal
1013	1013	student aid (FAFSA);
1014	1014	(D) are exempt under Section 51.3062(p) or (q)
1015	1015	[51.306(l) or (m)] from administration of an assessment [a test]
1016	1016	instrument under Section 51.3062 [51.306] or have performed
1017	1017	successfully on an assessment [a test] instrument under Section
1018	1018	51.3062 [51.306];
1019	1019	(E) graduate from high school;
1020	1020	(F) graduate from an institution of higher
1021	1021	education; and
1022	1022	(G) have taken college entrance examinations and
1023	1023	the average score of those students on the examinations;
1024	1024	(3) must cover a period of at least five years; and
1025	1025	(4) may be directed at district students at any level
1026	1026	of primary or secondary education.
1027	1027	SECTION 42. Subsection (e), Section 29.906, Education Code,
1028	1028	is amended to read as follows:
1029	1029	(e) The agency shall:
1030	1030	(1) maintain a list of character education programs
1031	1031	that school districts have implemented that meet the criteria under
1032	1032	Subsection (b);
1033	1033	(2) based on data reported by districts, annually
1034	1034	designate as a Character Plus School each school that provides a
1035	1035	character education program that:
1036	1036	(A) meets the criteria prescribed by Subsection
1037	1037	(b); and
1038	1038	(B) is approved by the committee selected under
1039	1039	Subsection (c); and
1040	1040	(3) include in the report required under Section
1041	1041	39.332 [39.182]:
1042	1042	(A) based on data reported by districts, the
1043	1043	impact of character education programs on student discipline and
1044	1044	academic achievement; and
1045	1045	(B) other reported data relating to character
1046	1046	education programs the agency considers appropriate for inclusion.
1047	1047	SECTION 43. Subsections (a) and (c), Section 29.918,
1048	1048	Education Code, are amended to read as follows:
1049	1049	(a) Notwithstanding Section 39.234 [39.114] or 42.152, a
1050	1050	school district or open-enrollment charter school with a high
1051	1051	dropout rate, as determined by the commissioner, must submit a plan
1052	1052	to the commissioner describing the manner in which the district or
1053	1053	charter school intends to use the compensatory education allotment
1054	1054	under Section 42.152 and the high school allotment under Section
1055	1055	42.2516(b)(3) for developing and implementing research-based
1056	1056	strategies for dropout prevention. The district or charter school
1057	1057	shall submit the plan not later than December 1 of each school year
1058	1058	preceding the school year in which the district or charter school
1059	1059	will receive the compensatory education allotment or high school
1060	1060	allotment to which the plan applies.
1061	1061	(c) The commissioner shall adopt rules to administer this
1062	1062	section. The commissioner may impose interventions or sanctions
1063	1063	under Section 39.101 [39.131] or 39.103 [39.1321] if a school
1064	1064	district or open-enrollment charter school fails to timely comply
1065	1065	with this section.
1066	1066	SECTION 44. Section 30A.101, Education Code, is amended to
1067	1067	read as follows:
1068	1068	Sec. 30A.101. ELIGIBILITY TO ACT AS PROVIDER SCHOOL
1069	1069	DISTRICT OR SCHOOL. (a) A school district is eligible to act as a
1070	1070	provider school district under this chapter only if the district is
1071	1071	rated accredited [academically acceptable or higher] under Section
1072	1072	39.052 [39.072].
1073	1073	(b) An open-enrollment charter school is eligible to act as
1074	1074	a provider school under this chapter only if the school satisfies
1075	1075	all performance standards [is rated recognized or higher] under
1076	1076	Section 39.054(d) [39.072], and may serve as a provider school
1077	1077	only:
1078	1078	(1) to a student within the school district in which
1079	1079	the school is located or within its service area, whichever is
1080	1080	smaller; or
1081	1081	(2) to another student in the state through an
1082	1082	agreement with the administering authority under Section 30A.153.
1083	1083	SECTION 45. Subsection (a), Section 32.157, Education Code,
1084	1084	is amended to read as follows:
1085	1085	(a) After the expiration of the pilot project, the agency
1086	1086	may review the pilot project based on the annual reports the agency
1087	1087	receives from the board of trustees of participating school
1088	1088	districts. The agency may include the review of the pilot project
1089	1089	in the comprehensive annual report required under Section 39.332
1090	1090	[39.182] that covers the 2010-2011 school year.
1091	1091	SECTION 46. Subsection (b), Section 32.252, Education Code,
1092	1092	is amended to read as follows:
1093	1093	(b) The portal must serve as a single point of access to
1094	1094	educational resources other than student assessment data
1095	1095	accessible through the student assessment data portal under Section
1096	1096	32.258. In addition to any other purpose specified by this
1097	1097	subchapter or any other educational purpose, the portal may be used
1098	1098	to:
1099	1099	(1) alleviate inequities in access to educational
1100	1100	resources by providing access to on-line courses;
1101	1101	(2) improve student academic performance by providing
1102	1102	access to tutorial materials, instructional materials that have
1103	1103	been shown to improve academic performance, and other interactive
1104	1104	materials, including materials that assess an individual student's
1105	1105	knowledge and prepare the student for the administration of a
1106	1106	standardized assessment instrument, including an assessment
1107	1107	instrument administered under Section 39.023;
1108	1108	(3) provide school districts with access to
1109	1109	administrative software and other electronic tools designed to
1110	1110	promote administrative efficiency and intra-district
1111	1111	communication; or
1112	1112	(4) [provide secure access to student assessment data;
1113	1113	or
1114	1114	[(5)] provide links to appropriate educational
1115	1115	resources and experts available through the Internet.
1116	1116	SECTION 47. Section 32.258, Education Code, is amended to
1117	1117	read as follows:
1118	1118	Sec. 32.258. STUDENT ASSESSMENT DATA; DATA PORTAL.
1119	1119	(a) The agency shall establish and maintain a student assessment
1120	1120	data portal for use by school districts, teachers, parents,
1121	1121	students, and public institutions of higher education. The
1122	1122	agency shall [may] establish a secure, interoperable system to be
1123	1123	implemented through the portal under which:
1124	1124	(1) a student or the student's parent or other person
1125	1125	standing in parental relationship can easily access the student's
1126	1126	individual assessment data;
1127	1127	(2) an authorized employee of a school district,
1128	1128	including a district teacher, [districts] can readily access
1129	1129	individual [student] assessment data of district students for use
1130	1130	in developing strategies for improving student performance; and
1131	1131	(3) an authorized employee of a public institution of
1132	1132	higher education can readily access individual assessment data of
1133	1133	students applying for admission for use in developing strategies
1134	1134	for improving student performance.
1135	1135	(b) The system established under Subsection (a) shall
1136	1136	provide a means for a student or the student's parent or other
1137	1137	person standing in parental relationship to track the student's
1138	1138	progress on assessment instrument requirements for graduation.
1139	1139	(c) The agency shall establish an interoperable system to be
1140	1140	implemented through the portal under which general student
1141	1141	assessment data is easily accessible to the public.
1142	1142	(d) Student assessment data provided under this section
1143	1143	must:
1144	1144	(1) be available on or before the first instructional
1145	1145	day of the school year following the year in which the data is
1146	1146	collected; and
1147	1147	(2) include student performance data on assessment
1148	1148	instruments over multiple years, beginning with the 2007-2008
1149	1149	school year, including any data indicating progress in student
1150	1150	achievement.
1151	1151	(e) Each [(b) In establishing the] system established
1152	1152	under [required by] this section must permit comparisons of[, the
1153	1153	agency shall seek to further the goal of providing school districts
1154	1154	with access to] student performance information at the classroom,
1155	1155	campus, district, and state levels [level].
1156	1156	SECTION 48. Section 39.023, Education Code, is amended by
1157	1157	adding Subsection (a-1) and amending Subsections (c-4) and (e) to
1158	1158	read as follows:
1159	1159	(a-1) The agency shall develop assessment instruments
1160	1160	required under Subsection (a) in a manner that allows, to the extent
1161	1161	practicable:
1162	1162	(1) the score a student receives to provide reliable
1163	1163	information relating to a student's satisfactory performance for
1164	1164	each performance standard under Section 39.0241; and
1165	1165	(2) an appropriate range of performances to serve as a
1166	1166	valid indication of growth in student achievement.
1167	1167	(c-4) To the extent practicable and subject to Section
1168	1168	39.024, the agency shall ensure that each end-of-course assessment
1169	1169	instrument adopted under Subsection (c) is:
1170	1170	(1) developed in a manner that measures a student's
1171	1171	performance under the college readiness standards established
1172	1172	under Section 28.008; and
1173	1173	(2) validated by national postsecondary education
1174	1174	experts for college readiness content and performance standards.
1175	1175	(e) Under rules adopted by the State Board of Education,
1176	1176	every third year, the agency shall release the questions and answer
1177	1177	keys to each assessment instrument administered under Subsection
1178	1178	(a), (b), (c), (d), or (l), excluding any assessment instrument
1179	1179	administered to a student for the purpose of retaking the
1180	1180	assessment instrument, after the last time the instrument is
1181	1181	administered for that school year. To ensure a valid bank of
1182	1182	questions for use each year, the agency is not required to release a
1183	1183	question that is being field-tested and was not used to compute the
1184	1184	student's score on the instrument. The agency shall also release,
1185	1185	under board rule, each question that is no longer being
1186	1186	field-tested and that was not used to compute a student's score.
1187	1187	SECTION 49. Subsection (d), Section 39.0233, Education
1188	1188	Code, is amended to read as follows:
1189	1189	(d) The questions adopted under this section may not [must]
1190	1190	be administered in a separate section of the end-of-course
1191	1191	assessment instrument [in which the questions are included].
1192	1192	SECTION 50. Subchapter B, Chapter 39, Education Code, is
1193	1193	amended by amending Section 39.024 and adding Sections 39.0241 and
1194	1194	39.0242 to read as follows:
1195	1195	Sec. 39.024. MEASURE OF COLLEGE READINESS. (a) In this
1196	1196	section, "college readiness" means the level of preparation a
1197	1197	student must attain in English language arts and mathematics
1198	1198	courses to enroll and succeed, without remediation, in an
1199	1199	entry-level general education course for credit in that same
1200	1200	content area at:
1201	1201	(1) a postsecondary educational institution that
1202	1202	primarily offers baccalaureate degrees and primarily serves a
1203	1203	limited geographic region; or
1204	1204	(2) a postsecondary educational institution that
1205	1205	primarily offers associate degrees or certificates or credentials
1206	1206	other than baccalaureate or advanced degrees.
1207	1207	(b) The agency shall ensure that the Algebra II and English
1208	1208	III end-of-course assessment instruments required under Section
1209	1209	39.023(c) are developed to be capable of, beginning with the
1210	1210	2011-2012 school year, measuring college readiness.
1211	1211	(c) Before the beginning of the 2011-2012 school year, the
1212	1212	agency shall gather data and conduct research studies to
1213	1213	substantiate the correlation between a certain level of performance
1214	1214	by students on the Algebra II and English III end-of-course
1215	1215	assessment instruments and college readiness.
1216	1216	(d) Studies under Subsection (c) must include an evaluation
1217	1217	of any need for remediation courses to facilitate college
1218	1218	readiness.
1219	1219	(e) Based on the results of the studies conducted under
1220	1220	Subsection (c), the commissioner of education, in conjunction with
1221	1221	the commissioner of higher education, shall establish student
1222	1222	performance standards for the Algebra II and English III
1223	1223	end-of-course assessment instruments indicating that students have
1224	1224	attained college readiness.
1225	1225	(f) To the extent practicable, the agency, in conjunction
1226	1226	with the Texas Higher Education Coordinating Board, shall conduct
1227	1227	research studies similar to the studies conducted under Subsection
1228	1228	(c) for the appropriate science and social studies end-of-course
1229	1229	assessment instruments. If the commissioner of education, in
1230	1230	conjunction with the commissioner of higher education, determines
1231	1231	that the research studies conducted under this subsection
1232	1232	substantiate a correlation between a certain level of performance
1233	1233	by students on science and social studies end-of-course assessment
1234	1234	instruments and college readiness, the commissioner of education,
1235	1235	in conjunction with the commissioner of higher education, as soon
1236	1236	as practicable, may establish student performance standards for the
1237	1237	science and social studies end-of-course assessment instruments
1238	1238	indicating that students have attained college readiness.
1239	1239	(f-1) Not later than December 1, 2012, the agency shall
1240	1240	deliver to the lieutenant governor, the speaker of the house of
1241	1241	representatives, and the clerks of the standing committees of the
1242	1242	senate and the house of representatives with primary jurisdiction
1243	1243	over public education a report that includes:
1244	1244	(1) an analysis of the feasibility of establishing
1245	1245	college readiness performance standards for science and social
1246	1246	studies end-of-course assessment instruments; and
1247	1247	(2) a summary of any implementation procedures adopted
1248	1248	for each standard.
1249	1249	(f-2) Subsection (f-1) and this subsection expire January
1250	1250	1, 2013.
1251	1251	(g) The agency shall continue to gather data to perform
1252	1252	studies as provided under Subsections (c) and (f) at least once
1253	1253	every three years.
1254	1254	(h) The agency and the Texas Higher Education Coordinating
1255	1255	Board jointly shall periodically review the college readiness
1256	1256	performance standards established under this section and compare
1257	1257	the performance standards to performance standards established
1258	1258	nationally and internationally for comparable assessment
1259	1259	instruments. Following each review, the agency and the Texas
1260	1260	Higher Education Coordinating Board shall deliver to the lieutenant
1261	1261	governor, the speaker of the house of representatives, and the
1262	1262	clerks of the standing committees of the senate and the house of
1263	1263	representatives with primary jurisdiction over public education
1264	1264	and higher education a joint report on the results of the review
1265	1265	indicating whether the college readiness performance standards
1266	1266	established under this section are sufficiently rigorous to prepare
1267	1267	students in this state to compete academically with students
1268	1268	nationally and internationally. If the agency and the Texas Higher
1269	1269	Education Coordinating Board determine that the college readiness
1270	1270	performance standards established under this section are not
1271	1271	sufficiently rigorous, the agency and board jointly shall recommend
1272	1272	changes to the college readiness performance standards.
1273	1273	(i) The agency shall gather data and conduct research to
1274	1274	substantiate any correlation between a certain level of performance
1275	1275	by students on end-of-course assessment instruments and success in:
1276	1276	(1) military service; or
1277	1277	(2) a workforce training, certification, or other
1278	1278	credential program at a postsecondary educational institution that
1279	1279	primarily offers associate degrees or certificates or credentials
1280	1280	other than baccalaureate or advanced degrees.
1281	1281	Sec. 39.0241. [SATISFACTORY] PERFORMANCE STANDARDS.
1282	1282	(a) Except as otherwise provided by Subsection (b) [this
1283	1283	subsection], the commissioner [State Board of Education] shall
1284	1284	determine the level of performance considered to be satisfactory on
1285	1285	the assessment instruments.
1286	1286	(a-1) The commissioner of education, in conjunction with
1287	1287	the commissioner of higher education, shall determine the level of
1288	1288	performance necessary to indicate college readiness, as defined by
1289	1289	Section 39.024(a).
1290	1290	(a-2) For the purpose of establishing performance across
1291	1291	grade levels, the commissioner shall establish:
1292	1292	(1) the performance standards for the Algebra II and
1293	1293	English III end-of-course assessment instruments, as provided
1294	1294	under Section 39.024(b) and under Subsection (a);
1295	1295	(2) the performance standards for the Algebra I and
1296	1296	English II end-of-course assessment instruments, as determined
1297	1297	based on studies under Section 39.0242 that correlate student
1298	1298	performance on the Algebra I and English II end-of-course
1299	1299	assessment instruments with student performance on the Algebra II
1300	1300	and English III assessment instruments;
1301	1301	(3) the performance standards for the English I
1302	1302	end-of-course assessment instrument, as determined based on
1303	1303	studies under Section 39.0242 that correlate student performance on
1304	1304	the English I end-of-course assessment instrument with student
1305	1305	performance on the English II assessment instrument;
1306	1306	(4) the performance standards for the grade eight
1307	1307	assessment instruments, as determined based on studies under
1308	1308	Section 39.0242 that correlate student performance on the grade
1309	1309	eight assessment instruments with student performance on the
1310	1310	Algebra I and English I end-of-course assessment instruments in the
1311	1311	same content area;
1312	1312	(5) the performance standards for the grade seven
1313	1313	assessment instruments, as determined based on studies under
1314	1314	Section 39.0242 that correlate student performance on the grade
1315	1315	seven assessment instruments with student performance on the grade
1316	1316	eight assessment instruments in the same content area;
1317	1317	(6) the performance standards for the grade six
1318	1318	assessment instruments, as determined based on studies under
1319	1319	Section 39.0242 that correlate student performance on the grade six
1320	1320	assessment instruments with student performance on the grade seven
1321	1321	assessment instruments in the same content area;
1322	1322	(7) the performance standards for the grade five
1323	1323	assessment instruments, as determined based on studies under
1324	1324	Section 39.0242 that correlate student performance on the grade
1325	1325	five assessment instruments with student performance on the grade
1326	1326	six assessment instruments in the same content area;
1327	1327	(8) the performance standards for the grade four
1328	1328	assessment instruments, as determined based on studies under
1329	1329	Section 39.0242 that correlate student performance on the grade
1330	1330	four assessment instruments with student performance on the grade
1331	1331	five assessment instruments in the same content area; and
1332	1332	(9) the performance standards for the grade three
1333	1333	assessment instruments, as determined based on studies under
1334	1334	Section 39.0242 that correlate student performance on the grade
1335	1335	three assessment instruments with student performance on the grade
1336	1336	four assessment instruments in the same content area.
1337	1337	(b) The admission, review, and dismissal committee of a
1338	1338	student being assessed under Section 39.023(b) shall determine the
1339	1339	level of performance considered to be satisfactory on the
1340	1340	assessment instruments administered to that student in accordance
1341	1341	with criteria established by agency rule.
1342	1342	(c) The agency shall develop study guides for the assessment
1343	1343	instruments administered under Sections 39.023(a) and (c). To
1344	1344	assist parents in providing assistance during the period that
1345	1345	school is recessed for summer, each school district shall make
1346	1346	available [distribute] the study guides to parents of students who
1347	1347	do not perform satisfactorily on one or more parts of an assessment
1348	1348	instrument administered under this subchapter.
1349	1349	(d) The agency shall develop and make available teacher
1350	1350	training materials and other teacher training resources to assist
1351	1351	teachers in enabling students of limited English proficiency to
1352	1352	meet state performance expectations. The teacher training
1353	1353	resources shall be designed to support intensive, individualized,
1354	1354	and accelerated instructional programs developed by school
1355	1355	districts for students of limited English proficiency.
1356	1356	(e) The commissioner shall retain a portion of the total
1357	1357	amount of funds allotted under Section 42.152(a) that the
1358	1358	commissioner considers appropriate to finance activities under
1359	1359	Subsection [Subsections] (c) and may retain a portion for
1360	1360	activities under Subsection (d) and for intensive programs of
1361	1361	instruction for students of limited English proficiency offered by
1362	1362	school districts and shall reduce each district's allotment
1363	1363	proportionately.
1364	1364	Sec. 39.0242. PERFORMANCE STANDARDS: RESEARCH STUDIES AND
1365	1365	IMPLEMENTATION OF STANDARDS. (a) During the 2009-2010 and
1366	1366	2010-2011 school years, the agency shall collect data through:
1367	1367	(1) the annual administration of assessment
1368	1368	instruments required under Section 39.023(a) in grades three
1369	1369	through eight; and
1370	1370	(2) the administration to a sufficiently large sample
1371	1371	of students throughout the state of end-of-course assessment
1372	1372	instruments required under Section 39.023(c) for the purpose of
1373	1373	setting performance standards.
1374	1374	(b) Before the beginning of the 2011-2012 school year, the
1375	1375	agency shall analyze the data collected under Subsection (a) to
1376	1376	substantiate:
1377	1377	(1) the correlation between satisfactory student
1378	1378	performance for each performance standard under Section 39.0241 on
1379	1379	the grade three, four, five, six, or seven assessment instruments
1380	1380	with satisfactory performance under the same performance standard
1381	1381	on the assessment instruments in the same content area for the next
1382	1382	grade level;
1383	1383	(2) the correlation between satisfactory student
1384	1384	performance for each performance standard under Section 39.0241 on
1385	1385	the grade eight assessment instruments with satisfactory
1386	1386	performance under the same performance standard on the Algebra I
1387	1387	and English I end-of-course assessment instruments in the same
1388	1388	content area;
1389	1389	(3) the correlation between satisfactory student
1390	1390	performance for each performance standard under Section 39.0241 on
1391	1391	the English I end-of-course assessment instrument with
1392	1392	satisfactory performance under the same performance standard on the
1393	1393	English II end-of-course assessment instrument;
1394	1394	(4) the correlation between satisfactory student
1395	1395	performance for each performance standard under Section 39.0241 on
1396	1396	the English II end-of-course assessment instrument with
1397	1397	satisfactory performance under the same performance standard on the
1398	1398	English III end-of-course assessment instrument; and
1399	1399	(5) the correlation between satisfactory student
1400	1400	performance for each performance standard under Section 39.0241 on
1401	1401	the Algebra I end-of-course assessment instrument with
1402	1402	satisfactory performance under the same performance standard on the
1403	1403	Algebra II end-of-course assessment instrument.
1404	1404	(c) Studies under this section must include an evaluation of
1405	1405	any need for remediation courses to facilitate college readiness.
1406	1406	(d) The agency shall continue to gather data and perform
1407	1407	studies as provided under this section at least once every three
1408	1408	years. If the data do not support the correlation between student
1409	1409	performance standards and college readiness, the commissioner of
1410	1410	education, in collaboration with the commissioner of higher
1411	1411	education, shall revise the standard of performance considered to
1412	1412	be satisfactory.
1413	1413	(e) Based on the data collected and studies performed
1414	1414	periodically under Subsection (d), the commissioner shall increase
1415	1415	the rigor of the performance standard established under Section
1416	1416	39.0241(a) as the commissioner determines necessary.
1417	1417	SECTION 51. Section 39.025, Education Code, is amended by
1418	1418	amending Subsections (a), (a-1), (b), (b-1), (b-2), and (f) and
1419	1419	adding Subsections (a-2) and (c-1) to read as follows:
1420	1420	(a) The commissioner shall adopt rules requiring a student
1421	1421	participating in the recommended or advanced high school program to
1422	1422	be administered each end-of-course assessment instrument listed in
1423	1423	Section 39.023(c) and requiring a student participating in the
1424	1424	minimum high school program to be administered an end-of-course
1425	1425	assessment instrument listed in Section 39.023(c) only for Algebra
1426	1426	I and English III and any other [a] course in which the student is
1427	1427	enrolled and for which an end-of-course assessment instrument is
1428	1428	administered. Except as otherwise provided by this section, a [A]
1429	1429	student is required to perform satisfactorily under either
1430	1430	performance standard under Section 39.0241 on two of the three
1431	1431	end-of-course assessment instruments [achieve,] in each subject in
1432	1432	which the student is required to take end-of-course assessment
1433	1433	instruments [in the foundation curriculum under Section
1434	1434	28.002(a)(1), a cumulative score that is at least equal to the
1435	1435	product of the number of end-of-course assessment instruments
1436	1436	administered to the student in that subject and 70, with each
1437	1437	end-of-course assessment instrument scored on a scale of 100. A
1438	1438	student must achieve a score of at least 60 on an end-of-course
1439	1439	assessment instrument for the score to count towards the student's
1440	1440	cumulative score]. Except as provided under Subsection (a-2), a
1441	1441	student participating in the minimum high school program must
1442	1442	perform satisfactorily on the Algebra I and English III
1443	1443	end-of-course assessment instruments and a student participating
1444	1444	in the recommended or advanced high school program must perform
1445	1445	satisfactorily on the Algebra II and English III end-of-course
1446	1446	assessment instruments. A student who performs satisfactorily on
1447	1447	the Algebra II and English III end-of-course assessment instruments
1448	1448	under the college readiness performance standard, as determined
1449	1449	under Section 39.024, is not required to comply with the
1450	1450	requirement to perform satisfactorily on two of three end-of-course
1451	1451	assessment instruments in those subjects [For purposes of this
1452	1452	subsection, a student's cumulative score is determined using the
1453	1453	student's highest score on each end-of-course assessment
1454	1454	instrument administered to the student]. A student may not receive
1455	1455	a high school diploma until the student has performed
1456	1456	satisfactorily on the end-of-course assessment instruments in the
1457	1457	manner provided under this subsection. [This subsection does not
1458	1458	require a student to demonstrate readiness to enroll in an
1459	1459	institution of higher education.]
1460	1460	(a-1) The student's score on an end-of-course assessment
1461	1461	instrument constitutes 15 percent of the student's grade in the
1462	1462	course for which the assessment instrument is administered.
1463	1463	(a-2) The commissioner by rule shall determine a method by
1464	1464	which a student's satisfactory performance on an advanced placement
1465	1465	test, international baccalaureate examination, a Scholastic
1466	1466	Assessment Test (SAT) Subject Test, or another assessment
1467	1467	instrument determined by the commissioner to be at least as
1468	1468	rigorous as an end-of-course assessment instrument adopted under
1469	1469	Section 39.023(c) may be used as a factor in determining whether the
1470	1470	student satisfies the requirements of Subsection (a)[, including
1471	1471	the cumulative score requirement of that subsection]. The
1472	1472	commissioner by rule may determine a method by which a student's
1473	1473	satisfactory performance on a Preliminary Scholastic Assessment
1474	1474	Test (PSAT) assessment or a preliminary American College Test (ACT)
1475	1475	assessment may be used as a factor in determining whether the
1476	1476	student satisfies the requirements of Subsection (a).
1477	1477	(b) Each time an end-of-course assessment instrument is
1478	1478	administered, a student who failed to perform satisfactorily
1479	1479	[achieve a score of at least 60] on the assessment instrument as
1480	1480	determined by the commissioner under Section 39.0241(a) shall
1481	1481	retake the assessment instrument. A student who fails to perform
1482	1482	satisfactorily on an Algebra II or English III end-of-course
1483	1483	assessment instrument under the college readiness performance
1484	1484	standard, as determined under Section 39.024(b), may retake the
1485	1485	assessment instrument [Any other student may retake an
1486	1486	end-of-course assessment instrument for any reason]. A student is
1487	1487	not required to retake a course as a condition of retaking an
1488	1488	end-of-course assessment instrument.
1489	1489	(b-1) A school district shall provide each student who fails
1490	1490	to perform satisfactorily as determined by the commissioner under
1491	1491	Section 39.0241(a) [achieve a score of at least 70] on an
1492	1492	end-of-course assessment instrument with accelerated instruction
1493	1493	in the subject assessed by the assessment instrument.
1494	1494	(b-2) The agency, in collaboration with the Texas Higher
1495	1495	Education Coordinating Board, shall develop senior-level English
1496	1496	language arts and mathematics accelerated instruction courses for
1497	1497	purposes of this section. If [a school district determines that] a
1498	1498	student does not demonstrate the performance standard for college
1499	1499	readiness as provided by Section 39.024(b) on the Algebra II or
1500	1500	English III end-of-course assessment instrument[, on completion of
1501	1501	grade 11, is unlikely to achieve the cumulative score requirements
1502	1502	for one or more subjects prescribed by Subsection (a) for receiving
1503	1503	a high school diploma], the district shall offer [require] the
1504	1504	student the opportunity to enroll in a [corresponding content-area
1505	1505	college preparatory] course described by this subsection [for which
1506	1506	an end-of-course assessment instrument has been adopted, if
1507	1507	available]. A student who enrolls in a [college preparatory]
1508	1508	course described by this subsection shall be administered an
1509	1509	appropriate end-of-course assessment instrument [for the course,
1510	1510	with the end-of-course assessment instrument scored on a scale of
1511	1511	40. A student may use the student's score on the end-of-course
1512	1512	assessment instrument for the college preparatory course towards
1513	1513	satisfying the cumulative score requirements] prescribed by
1514	1514	Subsection (a).
1515	1515	(c-1) A school district may not administer an assessment
1516	1516	instrument required for graduation administered under this section
1517	1517	as this section existed before September 1, 1999. A school district
1518	1518	may administer to a student who failed to perform satisfactorily on
1519	1519	an assessment instrument described by this subsection an alternate
1520	1520	assessment instrument selected from a list of assessment
1521	1521	instruments approved by the commissioner. The commissioner shall
1522	1522	determine the level of performance considered to be satisfactory on
1523	1523	an alternate assessment instrument. The district may not
1524	1524	administer to the student an assessment instrument or a part of an
1525	1525	assessment instrument that assesses a subject that was not assessed
1526	1526	in an assessment instrument required for graduation administered
1527	1527	under this section as this section existed before September 1,
1528	1528	1999. The commissioner shall make available to districts
1529	1529	information necessary to administer the alternate assessment
1530	1530	instrument authorized by this subsection. The determination of the
1531	1531	commissioner regarding the list of approved alternate assessment
1532	1532	instruments under this subsection and the performance required on
1533	1533	the assessment instruments are final and may not be appealed.
1534	1534	(f) The commissioner shall by rule adopt a transition plan
1535	1535	to implement the amendments made by Chapter 1312 (S.B. No. 1031),
1536	1536	Acts of the 80th Legislature, Regular Session, 2007, replacing
1537	1537	general subject assessment instruments administered at the high
1538	1538	school level with end-of-course assessment instruments [to this
1539	1539	section and Sections 39.023(a) and (c) and 39.051(b)(5)]. The
1540	1540	rules must provide for the end-of-course assessment instruments
1541	1541	adopted under Section 39.023(c) to be administered beginning with
1542	1542	students entering the ninth grade during the 2011-2012 school year.
1543	1543	During the period under which the transition to end-of-course
1544	1544	assessment instruments is made:
1545	1545	(1) for students entering a grade above the ninth
1546	1546	grade during the 2011-2012 school year, the commissioner shall
1547	1547	retain, administer, and use for purposes of district accreditation
1548	1548	and other campus and district accountability measures [ratings]
1549	1549	under this chapter [Subchapter D] the assessment instruments
1550	1550	required by Section 39.023(a) or (c), as that section existed
1551	1551	before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th
1552	1552	Legislature, Regular Session, 2007;
1553	1553	(2) a student subject to Subdivision (1) may not
1554	1554	receive a high school diploma unless the student has performed
1555	1555	satisfactorily on the English language arts, mathematics, science,
1556	1556	and social studies assessment instruments administered under
1557	1557	Section 39.023(c), as that section existed before amendment by
1558	1558	Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular
1559	1559	Session, 2007; and
1560	1560	(3) [(2)] the agency may defer releasing assessment
1561	1561	instrument questions and answer keys as required by Section
1562	1562	39.023(e) to the extent necessary to develop additional assessment
1563	1563	instruments.
1564	1564	SECTION 52. Section 39.0261, Education Code, is amended by
1565	1565	adding Subsection (a-1) to read as follows:
1566	1566	(a-1) As part of the assessment program under Section
1567	1567	39.022, the commissioner by rule shall develop a plan for
1568	1568	implementing college preparation assessment instruments under this
1569	1569	section beginning with eighth grade assessment instruments under
1570	1570	Subsection (a)(1) in the 2010-2011 school year.
1571	1571	SECTION 53. Section 39.027, Education Code, is amended by
1572	1572	amending Subsections (a) and (e) and adding Subsections (a-1) and
1573	1573	(a-2) to read as follows:
1574	1574	(a) A student may be administered an accommodated or
1575	1575	alternative assessment instrument or may be granted an exemption
1576	1576	[exempted] from or a postponement of the administration of an
1577	1577	assessment instrument under:
1578	1578	(1) Section 39.023(a) or (b) if the student is
1579	1579	eligible for a special education program under Section 29.003 and
1580	1580	the student's individualized education program does not include
1581	1581	instruction in the essential knowledge and skills under Section
1582	1582	28.002 at any grade level;
1583	1583	(2) Section 39.023(c) or (d) if the student is
1584	1584	eligible for a special education program under Section 29.003 and:
1585	1585	(A) the student's individualized education
1586	1586	program does not include instruction in the essential knowledge and
1587	1587	skills under Section 28.002 at any grade level; or
1588	1588	(B) the assessment instrument, even with
1589	1589	allowable modifications, would not provide an appropriate measure
1590	1590	of the student's achievement as determined by the student's
1591	1591	admission, review, and dismissal committee;
1592	1592	(3) Section 39.023(a), (b), (c), or (l) for a period of
1593	1593	up to three years [one year] after initial enrollment in a school in
1594	1594	the United States if the student is an immigrant and a student of
1595	1595	limited English proficiency, as defined by Section 29.052, who, as
1596	1596	a result of inadequate schooling outside of the United States,
1597	1597	lacks the necessary foundation in the essential knowledge and
1598	1598	skills of the curriculum [and has not demonstrated proficiency in
1599	1599	English as determined by the assessment system under Subsection
1600	1600	(e)]; or
1601	1601	(4) Section 39.023(a), (b), (c), or (l) for a period of
1602	1602	up to five [two] years, if the student is a student of limited
1603	1603	English proficiency, as defined by Section 29.052, whose initial
1604	1604	enrollment in a school in the United States was as an unschooled
1605	1605	asylee or refugee [in addition to the exemption period authorized
1606	1606	by Subdivision (3) if the student has received an exemption under
1607	1607	Subdivision (3) and:
1608	1608	[(A) is a recent unschooled immigrant; or
1609	1609	[(B) is in a grade for which no assessment
1610	1610	instrument in the primary language of the student is available].
1611	1611	(a-1) The language proficiency assessment committee
1612	1612	established under Section 29.063 shall determine whether a student
1613	1613	meets the criteria under Subsection (a)(3) or (4). The
1614	1614	commissioner by rule shall develop procedures under which the
1615	1615	language proficiency assessment committee makes a determination
1616	1616	under this subsection. In adopting rules under this subsection,
1617	1617	the commissioner shall:
1618	1618	(1) consider the end-of-course requirements for
1619	1619	graduation for students; and
1620	1620	(2) ensure that the language proficiency assessment
1621	1621	committee requires students to be administered assessment
1622	1622	instruments under this section at the earliest practical date.
1623	1623	(a-2) For purposes of this section, "unschooled asylee or
1624	1624	refugee" means a student who:
1625	1625	(1) initially enrolled in a school in the United
1626	1626	States as:
1627	1627	(A) an asylee as defined by 45 C.F.R. Section
1628	1628	400.41; or
1629	1629	(B) a refugee as defined by 8 U.S.C. Section
1630	1630	1101;
1631	1631	(2) has a visa issued by the United States Department
1632	1632	of State with a Form I-94 Arrival/Departure record, or a successor
1633	1633	document, issued by the United States Citizenship and Immigration
1634	1634	Services that is stamped with "Asylee," "Refugee," or "Asylum"; and
1635	1635	(3) has had little or no formal schooling outside of
1636	1636	the United States and lacks even rudimentary literacy skills.
1637	1637	(e) The commissioner shall develop an assessment system
1638	1638	that shall be used for evaluating the academic progress, including
1639	1639	reading proficiency in English, of all students of limited English
1640	1640	proficiency, as defined by Section 29.052. A student who is exempt
1641	1641	from the administration of an assessment instrument under
1642	1642	Subsection (a)(3) or (4) who achieves reading proficiency in
1643	1643	English as determined by the assessment system developed under this
1644	1644	subsection shall be administered the assessment instruments
1645	1645	described by Sections 39.023(a) and (c). The performance under the
1646	1646	assessment system developed under this subsection of students to
1647	1647	whom Subsection (a)(3) or (4) applies shall be included in the
1648	1648	[academic excellence] indicator system under Section 39.301, as
1649	1649	applicable [Section 39.051], the performance report under Section
1650	1650	39.306 [39.053], and the comprehensive annual report under Section
1651	1651	39.332 [39.182]. This information shall be provided in a manner
1652	1652	that is disaggregated by the bilingual education or special
1653	1653	language program, if any, in which the student is enrolled.
1654	1654	SECTION 54. Subsection (b), Section 39.033, Education Code,
1655	1655	is amended to read as follows:
1656	1656	(b) An agreement under this section must require the private
1657	1657	school to:
1658	1658	(1) as determined appropriate by the commissioner,
1659	1659	provide to the commissioner the information described by Sections
1660	1660	39.053(c) and 39.301(c); [Section 39.051(b)] and
1661	1661	(2) [to] maintain confidentiality in compliance with
1662	1662	Section 39.030.
1663	1663	SECTION 55. Section 39.034, Education Code, is amended by
1664	1664	amending Subsection (d) and adding Subsection (d-1) to read as
1665	1665	follows:
1666	1666	(d) The agency shall determine the necessary annual
1667	1667	improvement required each year for a student to be prepared to
1668	1668	perform satisfactorily on, as applicable:
1669	1669	(1) the grade five assessment instruments;
1670	1670	(2) the grade eight assessment instruments; and
1671	1671	(3) the end-of-course assessment instruments required
1672	1672	under this subchapter for graduation.
1673	1673	(d-1) The agency shall report the necessary annual
1674	1674	improvement required under Subsection (d) to the district. Each
1675	1675	year, the report must state whether the student fell below, met, or
1676	1676	exceeded the necessary target for improvement.
1677	1677	SECTION 56. Subchapters C through L, Chapter 39, Education
1678	1678	Code, as amended by Section 2.25, Chapter 396 (S.B. 4), and Section
1679	1679	4, Chapter 931 (H.B. 2307), Acts of the 76th Legislature, Regular
1680	1680	Session, 1999, are amended to read as follows:
1681	1681	SUBCHAPTER C. ACCREDITATION [PERFORMANCE INDICATORS
1682	1682	[SUBCHAPTER D. ACCREDITATION STATUS]
1683	1683	Sec. 39.051 [39.071]. ACCREDITATION STATUS.
1684	1684	[(a)] Accreditation of a school district is determined in
1685	1685	accordance with this subchapter [section]. The commissioner by
1686	1686	rule shall determine in accordance with this subchapter the
1687	1687	criteria for [define] the following accreditation statuses:
1688	1688	(1) accredited;
1689	1689	(2) accredited-warned; and
1690	1690	(3) accredited-probation.
1691	1691	Sec. 39.052. DETERMINATION OF ACCREDITATION STATUS.
1692	1692	(a) Not later than August 8 of each [(b) Each] year, the
1693	1693	commissioner shall determine the accreditation status of each
1694	1694	school district.
1695	1695	(b) In determining the accreditation status of a school
1696	1696	district, the commissioner:
1697	1697	(1) shall evaluate and consider:
1698	1698	(A) [the] performance on student achievement
1699	1699	indicators described by Section 39.053(c);
1700	1700	(B) whether a significant pattern of decreased
1701	1701	academic performance has developed as a result of the promotion in
1702	1702	the preceding two school years of students who did not perform
1703	1703	satisfactorily as determined by the commissioner under Section
1704	1704	39.0241(a) on assessment instruments administered under Section
1705	1705	39.023(a), (c), or (l) [of the district under:
1706	1706	[(A) the academic accountability system under
1707	1707	Section 39.072]; and
1708	1708	(C) performance under [(B)] the financial
1709	1709	accountability rating system developed under Subchapter D [I]; and
1710	1710	(2) may evaluate and consider:
1711	1711	(A) the district's compliance with statutory
1712	1712	requirements and requirements imposed by rule of the commissioner
1713	1713	or State Board of Education under specific statutory authority that
1714	1714	relate to:
1715	1715	(i) reporting data through the Public
1716	1716	Education Information Management System (PEIMS) or other reports
1717	1717	required by state or federal law or court order;
1718	1718	(ii) the high school graduation
1719	1719	requirements under Section 28.025; or
1720	1720	(iii) an item listed under Sections
1721	1721	7.056(e)(3)(C)-(I) that applies to the district;
1722	1722	(B) the effectiveness of the district's programs
1723	1723	for special populations; and
1724	1724	(C) the effectiveness of the district's career
1725	1725	and technology program.
1726	1726	(c) Based on a school district's performance under
1727	1727	Subsection (b), the commissioner shall:
1728	1728	(1) assign each [a] district an accreditation status;
1729	1729	or
1730	1730	(2) revoke the accreditation of the district and order
1731	1731	closure of the district under this subchapter.
1732	1732	(d) A school district's accreditation status may be raised
1733	1733	or lowered based on the district's performance or may be lowered
1734	1734	based on the performance of one or more campuses in the district
1735	1735	that is below a standard required under this subchapter.
1736	1736	(e) [(d)] The commissioner shall notify a school district
1737	1737	that receives an accreditation status of accredited-warned or
1738	1738	accredited-probation or a campus that performs below a standard
1739	1739	required under this subchapter that the performance of the district
1740	1740	or campus is below a standard required under this subchapter. If
1741	1741	the district received an accreditation status of accredited-warned
1742	1742	or accredited-probation for the preceding school year or if any
1743	1743	campus performed below a standard required under this subchapter in
1744	1744	the preceding school year, the commissioner shall notify the
1745	1745	district or campus of a subsequent such designation on or before
1746	1746	June 15 [section]. The commissioner shall require the district to
1747	1747	notify the parents of students enrolled in the district and
1748	1748	property owners in the district of the district's accreditation
1749	1749	status and the implications of that accreditation status.
1750	1750	(f) [(e)] A school district that is not accredited may not
1751	1751	receive funds from the agency or hold itself out as operating a
1752	1752	public school of this state.
1753	1753	(g) [(f)] This chapter may not be construed to invalidate a
1754	1754	diploma awarded, course credit earned, or grade promotion granted
1755	1755	by a school district before the commissioner revoked the district's
1756	1756	accreditation.
1757	1757	Sec. 39.053. PERFORMANCE INDICATORS: STUDENT ACHIEVEMENT.
1758	1758	(a) The commissioner shall adopt a set of indicators of the
1759	1759	quality of learning and student achievement. The commissioner
1760	1760	biennially shall review the indicators for the consideration of
1761	1761	appropriate revisions.
1762	1762	[Sec. 39.051. ACADEMIC EXCELLENCE INDICATORS. (a) The
1763	1763	State Board of Education shall adopt a set of indicators of the
1764	1764	quality of learning on a campus. The State Board of Education
1765	1765	biennially shall review the indicators for the consideration of
1766	1766	appropriate revisions.]
1767	1767	(b) Performance on the student achievement indicators
1768	1768	adopted under this section shall be compared to state-established
1769	1769	standards. The degree of change from one school year to the next in
1770	1770	performance on each indicator adopted under this section shall also
1771	1771	be considered. The indicators must be based on information that is
1772	1772	disaggregated by race, ethnicity, [gender,] and socioeconomic
1773	1773	status.
1774	1774	(c) Indicators of student achievement adopted under this
1775	1775	section [and] must include:
1776	1776	(1) the results of assessment instruments required
1777	1777	under Sections 39.023(a), (c), and (l), including the results of
1778	1778	assessment instruments required for graduation retaken by a
1779	1779	student, aggregated across [by] grade levels by [level and] subject
1780	1780	area, including:
1781	1781	(A) for the performance standard determined by
1782	1782	the commissioner under Section 39.0241(a):
1783	1783	(i) the percentage of students who
1784	1784	performed satisfactorily on the assessment instruments, aggregated
1785	1785	across grade levels by subject area; and
1786	1786	(ii) for students who did not perform
1787	1787	satisfactorily, the percentage of students who met the standard for
1788	1788	annual improvement, as determined by the agency under Section
1789	1789	39.034, on the assessment instruments, aggregated across grade
1790	1790	levels by subject area; and
1791	1791	(B) for the college readiness performance
1792	1792	standard as determined under Section 39.0241:
1793	1793	(i) the percentage of students who
1794	1794	performed satisfactorily on the assessment instruments, aggregated
1795	1795	across grade levels by subject area; and
1796	1796	(ii) for students who did not perform
1797	1797	satisfactorily, the percentage of students who met the standard for
1798	1798	annual improvement, as determined by the agency under Section
1799	1799	39.034, on the assessment instruments, aggregated across grade
1800	1800	levels by subject area;
1801	1801	(2) dropout rates, including dropout rates and
1802	1802	district completion rates for grade levels 9 through 12, computed
1803	1803	in accordance with standards and definitions adopted by the
1804	1804	National Center for Education Statistics of the United States
1805	1805	Department of Education; and
1806	1806	(3) high school graduation rates, computed in
1807	1807	accordance with standards and definitions adopted in compliance
1808	1808	with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et
1809	1809	seq.).
1810	1810	(d) For purposes of Subsection (c), the commissioner by rule
1811	1811	shall determine the period within which a student must retake an
1812	1812	assessment instrument for that assessment instrument to be
1813	1813	considered in determining the accreditation status of the district.
1814	1814	(e) [(Pub. L. No. 107-110);
1815	1815	[(4) student attendance rates;
1816	1816	[(5) the percentage of graduating students who attain
1817	1817	scores on the questions developed for end-of-course assessment
1818	1818	instruments under Section 39.0233(a) that are equivalent to a
1819	1819	passing score on the assessment instrument required under Section
1820	1820	51.3062;
1821	1821	[(6) the percentage of graduating students who meet
1822	1822	the course requirements established for the recommended high school
1823	1823	program by State Board of Education rule;
1824	1824	[(7) the results of the Scholastic Assessment Test
1825	1825	(SAT), the American College Test (ACT), articulated postsecondary
1826	1826	degree programs described by Section 61.852, and certified
1827	1827	workforce training programs described by Chapter 311, Labor Code;
1828	1828	[(8) the percentage of students, aggregated by grade
1829	1829	level, provided accelerated instruction under Section 28.0211(c),
1830	1830	the results of assessments administered under that section, the
1831	1831	percentage of students promoted through the grade placement
1832	1832	committee process under Section 28.0211, the subject of the
1833	1833	assessment instrument on which each student failed to perform
1834	1834	satisfactorily, and the performance of those students in the school
1835	1835	year following that promotion on the assessment instruments
1836	1836	required under Section 39.023;
1837	1837	[(9) for students who have failed to perform
1838	1838	satisfactorily on an assessment instrument required under Section
1839	1839	39.023(a) or (c), the numerical progress of those students grouped
1840	1840	by percentage on subsequent assessment instruments required under
1841	1841	those sections, aggregated by grade level and subject area;
1842	1842	[(10) the percentage of students exempted, by
1843	1843	exemption category, from the assessment program generally
1844	1844	applicable under this chapter;
1845	1845	[(11) the percentage of students of limited English
1846	1846	proficiency exempted from the administration of an assessment
1847	1847	instrument under Sections 39.027(a)(3) and (4);
1848	1848	[(12) the percentage of students in a special
1849	1849	education program under Subchapter A, Chapter 29, assessed through
1850	1850	assessment instruments developed or adopted under Section
1851	1851	39.023(b);
1852	1852	[(13) the measure of progress toward preparation for
1853	1853	postsecondary success; and
1854	1854	[(14) the measure of progress toward dual language
1855	1855	proficiency under Section 39.034(b), for students of limited
1856	1856	English proficiency, as defined by Section 29.052.
1857	1857	[(b-1) Performance on the indicators described by
1858	1858	Subsections (b)(1), (2), (3), (8), (9), and (14) must be based on
1859	1859	longitudinal student data that is disaggregated by the bilingual
1860	1860	education or special language program, if any, in which students of
1861	1861	limited English proficiency, as defined by Section 29.052, are or
1862	1862	former students of limited English proficiency were enrolled. If a
1863	1863	student described by this subsection is not or was not enrolled in
1864	1864	specialized language instruction, the number and percentage of
1865	1865	those students shall be provided.
1866	1866	[(c)] Performance on the student achievement indicators
1867	1867	[indicator] under Subsections (c)(1) and (2) [Subsection (b)(1)]
1868	1868	shall be compared to state standards and[,] required improvement[,
1869	1869	and comparable improvement]. The state standard shall be
1870	1870	established by the commissioner. Required improvement is [defined
1871	1871	as] the progress necessary for the campus or district to meet state
1872	1872	standards and, for the student achievement indicator under
1873	1873	Subsection (c)(1), for its students to meet each of the performance
1874	1874	standards as determined under Section 39.0241.
1875	1875	(f) [exit requirements as defined by the commissioner.
1876	1876	Comparable improvement is derived by measuring campuses and
1877	1877	districts against a profile developed from a total state student
1878	1878	performance database which exhibits substantial equivalence to the
1879	1879	characteristics of students served by the campus or district,
1880	1880	including past academic performance, socioeconomic status,
1881	1881	ethnicity, and limited English proficiency.
1882	1882	[(d)] Annually, the commissioner shall define the state
1883	1883	standard for the current school year for each student achievement
1884	1884	[exemplary, recognized, and unacceptable performance for each
1885	1885	academic excellence] indicator described by Subsection (c)
1886	1886	[included under Subsections (b)(1) through (7)] and shall project
1887	1887	the state standards for each [of those levels of performance for
1888	1888	succeeding years. For the] indicator for the following two school
1889	1889	[under Subsection (b)(8), the commissioner shall define exemplary,
1890	1890	recognized, and unacceptable performance based on student
1891	1891	performance for the period covering both the current and preceding
1892	1892	academic] years.
1893	1893	(g) In defining the required state standard [exemplary,
1894	1894	recognized, and unacceptable performance] for the indicator
1895	1895	described by Subsection (c)(2) [indicators under Subsections
1896	1896	(b)(2) and (4)], the commissioner may not consider as a dropout [or
1897	1897	as] a student [who has failed to attend school a student] whose
1898	1898	failure to attend school results from:
1899	1899	(1) the student's expulsion under Section 37.007; and
1900	1900	(2) as applicable:
1901	1901	(A) adjudication as having engaged in delinquent
1902	1902	conduct or conduct indicating a need for supervision, as defined by
1903	1903	Section 51.03, Family Code; or
1904	1904	(B) conviction of and sentencing for an offense
1905	1905	under the Penal Code.
1906	1906	(g-1) In computing dropout and completion rates under
1907	1907	Subsection (c)(2), the commissioner shall:
1908	1908	(1) exclude students who are ordered by a court to
1909	1909	attend a high school equivalency certificate program but who have
1910	1910	not yet earned a high school equivalency certificate;
1911	1911	(2) exclude students who were previously reported to
1912	1912	the state as dropouts;
1913	1913	(3) exclude students in attendance who are not in
1914	1914	membership for purposes of average daily attendance;
1915	1915	(4) exclude students whose initial enrollment in a
1916	1916	school in the United States in grades 7 through 12 was as unschooled
1917	1917	refugees or asylees as defined by Section 39.027(a-2);
1918	1918	(5) exclude students who are in the district
1919	1919	exclusively as a function of having been detained at a county
1920	1920	detention facility but are otherwise not students of the district
1921	1921	in which the facility is located;
1922	1922	(6) exclude students who return to school at any point
1923	1923	up through the fourth Friday in October each year; and
1924	1924	(7) exclude students who are incarcerated in state
1925	1925	jails and federal penitentiaries as adults and as persons certified
1926	1926	to stand trial as adults.
1927	1927	(h) [(e)] Each school district shall cooperate with the
1928	1928	agency in determining whether a student is a dropout for purposes of
1929	1929	accreditation and evaluating performance by school districts and
1930	1930	campuses under this chapter [section].
1931	1931	(i) [(f) The indicator under Subsection (b)(1) must include
1932	1932	the results of assessment instruments required under Section
1933	1933	39.023(b).
1934	1934	[(g)] The commissioner by rule shall adopt accountability
1935	1935	measures to be used in assessing the progress of students who have
1936	1936	failed to perform satisfactorily as determined by the commissioner
1937	1937	under Section 39.0241(a) or under the college readiness standard as
1938	1938	determined under Section 39.0241 in the preceding school year on an
1939	1939	assessment instrument required under Section 39.023(a), (c), or
1940	1940	(l).
1941	1941	Sec. 39.054. METHODS AND STANDARDS FOR EVALUATING
1942	1942	PERFORMANCE. (a) The commissioner shall adopt rules consistent
1943	1943	with this section to evaluate school district and campus
1944	1944	performance and assign each district and campus a performance
1945	1945	rating that reflects satisfactory performance, unsatisfactory
1946	1946	performance, or performance eligible for distinction under
1947	1947	Subchapter G.
1948	1948	(a-1) A campus is considered academically accredited if the
1949	1949	campus is assigned a satisfactory performance rating under this
1950	1950	section.
1951	1951	(b) In evaluating performance, the commissioner shall
1952	1952	evaluate against state standards and consider the performance of
1953	1953	each campus in a school district and each open-enrollment charter
1954	1954	school on the basis of:
1955	1955	(1) the campus's or school's performance on the
1956	1956	student achievement indicators adopted under Section 39.053(c);
1957	1957	and
1958	1958	(2) whether a significant pattern of decreased
1959	1959	academic performance has developed as a result of the promotion in
1960	1960	the preceding two school years of students who did not perform
1961	1961	satisfactorily as determined by the commissioner under Section
1962	1962	39.0241(a) on assessment instruments administered under Section
1963	1963	39.023(a), (c), or (l).
1964	1964	(b-1) [39.072. ACCREDITATION STANDARDS. (a) The State
1965	1965	Board of Education shall adopt rules to evaluate the performance of
1966	1966	school districts and to assign to each district a performance
1967	1967	rating as follows:
1968	1968	[(1) exemplary (meets or exceeds state exemplary
1969	1969	standards);
1970	1970	[(2) recognized (meets or exceeds required
1971	1971	improvement and within 10 percent of state exemplary standards);
1972	1972	[(3) academically acceptable (below the exemplary and
1973	1973	recognized standards but exceeds the academically unacceptable
1974	1974	standards); or
1975	1975	[(4) academically unacceptable (below the state
1976	1976	clearly unacceptable performance standard and does not meet
1977	1977	required improvement).
1978	1978	[(b) The academic excellence indicators adopted under
1979	1979	Sections 39.051(b)(1) through (8) and the district's current
1980	1980	special education compliance status with the agency shall be the
1981	1981	main considerations of the agency in the rating of the district
1982	1982	under this section. Additional criteria in the rules may include
1983	1983	consideration of:
1984	1984	[(1) compliance with statutory requirements and
1985	1985	requirements imposed by rule of the State Board of Education under
1986	1986	specific statutory authority that relate to:
1987	1987	[(A) reporting data through the Public Education
1988	1988	Information Management System (PEIMS);
1989	1989	[(B) the high school graduation requirements
1990	1990	under Section 28.025; or
1991	1991	[(C) an item listed in Sections
1992	1992	7.056(e)(3)(C)-(I) that applies to the district;
1993	1993	[(2) the effectiveness of the district's programs for
1994	1994	special populations; and
1995	1995	[(3) the effectiveness of the district's career and
1996	1996	technology programs.
1997	1997	[(c) The agency shall evaluate against state standards and
1998	1998	shall, not later than August 1 of each year, report the performance
1999	1999	of each campus in a district and each open-enrollment charter
2000	2000	school on the basis of the campus's performance on the indicators
2001	2001	adopted under Sections 39.051(b)(1) through (8).] Consideration of
2002	2002	the effectiveness of district programs under Section
2003	2003	39.052(b)(2)(B) or (C):
2004	2004	(1) [Subsection (b)(2) or (3)] must:
2005	2005	(A) be based on data collected through the Public
2006	2006	Education Information Management System (PEIMS) for purposes of
2007	2007	accountability under this chapter; and
2008	2008	(B) include the results of assessments required
2009	2009	under Section 39.023; and
2010	2010	(2) may be based on the results of a special
2011	2011	accreditation investigation conducted under Section 39.057.
2012	2012	(c) In evaluating school district and campus performance on
2013	2013	the student achievement indicators adopted under Sections
2014	2014	39.053(c)(1) and (2), the commissioner shall identify satisfactory
2015	2015	performance as meeting the state standard determined by the
2016	2016	commissioner under Section 39.053(f) for the current school year
2017	2017	based on:
2018	2018	(1) student performance in the current school year; or
2019	2019	(2) student performance as averaged over the current
2020	2020	school year and the preceding two school years.
2021	2021	(d) [Notwithstanding any other provision of this code, for
2022	2022	purposes of determining the performance of a school district under
2023	2023	this chapter, including the accreditation status of the district, a
2024	2024	student confined by court order in a residential program or
2025	2025	facility operated by or under contract with the Texas Youth
2026	2026	Commission, Texas Juvenile Probation Commission, or any other
2027	2027	governmental entity, including a juvenile board, is not considered
2028	2028	to be a student of the school district in which the program or
2029	2029	facility is physically located. The performance of such a student
2030	2030	on an assessment instrument or other academic excellence indicator
2031	2031	adopted under Section 39.051 shall be determined, reported, and
2032	2032	considered separately from the performance of students attending a
2033	2033	school of the district in which the program or facility is
2034	2034	physically located.
2035	2035	[Sec. 39.0721. GOLD PERFORMANCE RATING PROGRAM. (a) In
2036	2036	addition to district and campus performance ratings reported under
2037	2037	Section 39.072, the commissioner shall develop a gold performance
2038	2038	rating program based on enhanced performance. The agency shall
2039	2039	administer the program.
2040	2040	[(b) Under the gold performance rating program, a district
2041	2041	or campus rated exemplary under Section 39.072 is eligible for an
2042	2042	exemplary gold rating, a district or campus rated recognized is
2043	2043	eligible for a recognized gold rating, and a district or campus
2044	2044	rated academically acceptable is eligible for an academically
2045	2045	acceptable gold rating.
2046	2046	[(c) The performance standards on which a gold performance
2047	2047	rating is based should include:
2048	2048	[(1) student proficiency on:
2049	2049	[(A) assessment instruments administered under
2050	2050	Sections 39.023(a), (c), and (l); and
2051	2051	[(B) other measures of proficiency determined by
2052	2052	the commissioner;
2053	2053	[(2) student performance on one or more nationally
2054	2054	recognized norm-referenced assessment instruments;
2055	2055	[(3) improvement in student performance;
2056	2056	[(4) in the case of middle or junior high school
2057	2057	campuses, student proficiency in mathematics, including algebra;
2058	2058	and
2059	2059	[(5) in the case of high school campuses:
2060	2060	[(A) the extent to which graduating students are
2061	2061	academically prepared to attend institutions of higher education;
2062	2062	[(B) the percentage of students who take advanced
2063	2063	placement tests and student performance on those tests; and
2064	2064	[(C) the percentage of students who take and
2065	2065	successfully complete advanced academic courses or college-level
2066	2066	course work offered through dual credit programs provided under
2067	2067	agreements between high schools and institutions of higher
2068	2068	education.
2069	2069	[(d) The commissioner may adopt rules as necessary to
2070	2070	implement and administer this section.
2071	2071	[Sec. 39.073. DETERMINING ACCREDITATION STATUS. (a) The
2072	2072	agency shall annually review the performance of each district and
2073	2073	campus on the indicators adopted under Sections 39.051(b)(1)
2074	2074	through (8) and determine if a change in the accreditation status of
2075	2075	the district is warranted. The commissioner may determine how all
2076	2076	indicators adopted under Section 39.051(b) may be used to determine
2077	2077	accountability ratings and to select districts and campuses for
2078	2078	acknowledgment.
2079	2079	[(b)] Each annual performance review under this section
2080	2080	shall include an analysis of the student achievement indicators
2081	2081	adopted under Section 39.053(c) [Sections 39.051(b)(1) through
2082	2082	(8)] to determine school district and campus performance in
2083	2083	relation to:
2084	2084	(1) standards established for each indicator; and
2085	2085	(2) required improvement as defined under Section
2086	2086	39.053(e).
2087	2087	(d-1) The commissioner by rule may adopt a method of
2088	2088	evaluation by which a district or campus is not assigned an
2089	2089	unsatisfactory performance rating solely because the district or
2090	2090	campus fails to satisfy the minimum performance standards on 15
2091	2091	percent or fewer of the measures of evaluation the commissioner
2092	2092	determines appropriate with respect to the student achievement
2093	2093	indicators adopted under Section 39.053(c). Under the method of
2094	2094	evaluation adopted by the commissioner under this subsection, the
2095	2095	commissioner:
2096	2096	(1) may grant an exception under this subsection to a
2097	2097	district or campus only if the performance of the district or campus
2098	2098	is within five percentage points of the minimum performance
2099	2099	standard established by the commissioner for the measure of
2100	2100	evaluation;
2101	2101	(2) may not grant an exception under this subsection
2102	2102	if a district or campus fails to satisfy the minimum performance
2103	2103	standard on the same measure of evaluation for two consecutive
2104	2104	school years; and
2105	2105	(3) may establish other performance criteria for a
2106	2106	district or campus to obtain an exception under this subsection
2107	2107	[39.051(c); and
2108	2108	[(3) comparable improvement as defined by Section
2109	2109	39.051(c)].
2110	2110	[(c) A district's accreditation rating may be raised or
2111	2111	lowered based on the district's performance or may be lowered based
2112	2112	on the unacceptable performance of one or more campuses in the
2113	2113	district.
2114	2114	[(d) The commissioner shall notify a district that is rated
2115	2115	academically unacceptable that the performance of the district or a
2116	2116	campus in the district is below each standard under Subsection (b)
2117	2117	and shall require the district to notify property owners and
2118	2118	parents in the district of the lowered accreditation rating and its
2119	2119	implication.]
2120	2120	(e) [In determining a district's accreditation rating, the
2121	2121	agency shall consider:
2122	2122	[(1) the district's current special education
2123	2123	compliance status with the agency; and
2124	2124	[(2) the progress of students who have failed to
2125	2125	perform satisfactorily in the preceding school year on an
2126	2126	assessment instrument required under Section 39.023(a), (c), or
2127	2127	(l).
2128	2128	[(f)] In the computation of dropout rates under Section
2129	2129	39.053(c)(2) [39.051(b)(2)], a student who is released from a
2130	2130	juvenile pre-adjudication secure detention facility or juvenile
2131	2131	post-adjudication secure correctional facility and fails to enroll
2132	2132	in school or a student who leaves a residential treatment center
2133	2133	after receiving treatment for fewer than 85 days and fails to enroll
2134	2134	in school may not be considered to have dropped out from the [campus
2135	2135	or] school district or campus serving the facility or center unless
2136	2136	that district or campus [or district] is the one to which the
2137	2137	student is regularly assigned. The commissioner may not limit the
2138	2138	number of students excluded from being counted as dropouts under
2139	2139	this subsection.
2140	2140	Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT NOT
2141	2141	CONSIDERED FOR ACCOUNTABILITY PURPOSES. Notwithstanding any other
2142	2142	provision of this code, for purposes of determining the performance
2143	2143	of a school district or campus under this chapter, a student ordered
2144	2144	by a juvenile court into a residential program or facility operated
2145	2145	by or under contract with the Texas Youth Commission, the Texas
2146	2146	Juvenile Probation Commission, a juvenile board, or any other
2147	2147	governmental entity is not considered to be a student of the school
2148	2148	district in which the program or facility is physically located.
2149	2149	The performance of such a student on an assessment instrument or
2150	2150	other student achievement indicator adopted under Section 39.053 or
2151	2151	reporting indicator adopted under Section 39.301 shall be
2152	2152	determined, reported, and considered separately from the
2153	2153	performance of students attending a school of the district in which
2154	2154	the program or facility is physically located.
2155	2155	Sec. 39.056 [39.074]. ON-SITE INVESTIGATIONS. (a) The
2156	2156	commissioner may:
2157	2157	(1) direct the agency to conduct on-site
2158	2158	investigations of a school district at any time to answer any
2159	2159	questions concerning a program, including special education,
2160	2160	required by federal law or for which the district receives federal
2161	2161	funds; and
2162	2162	(2) [raise or lower the performance rating] as a
2163	2163	result of the investigation, change the accreditation status of a
2164	2164	district or accountability rating of a district or campus or
2165	2165	withdraw a distinction designation under Subchapter G.
2166	2166	(b) The commissioner shall determine the frequency of
2167	2167	on-site investigations by the agency according to annual
2168	2168	comprehensive analyses of student performance and equity in
2169	2169	relation to the student achievement [academic excellence]
2170	2170	indicators adopted under Section 39.053 [39.051].
2171	2171	(c) In making an on-site [accreditation] investigation, the
2172	2172	investigators shall obtain information from administrators,
2173	2173	teachers, and parents of students enrolled in the school district.
2174	2174	The investigation may not be closed until information is obtained
2175	2175	from each of those sources. The State Board of Education shall
2176	2176	adopt rules for:
2177	2177	(1) obtaining information from parents and using that
2178	2178	information in the investigator's report; and
2179	2179	(2) obtaining information from teachers in a manner
2180	2180	that prevents a [campus or] district or campus from screening the
2181	2181	information.
2182	2182	(d) The agency shall give written notice to the
2183	2183	superintendent and the board of trustees of a school district of any
2184	2184	impending investigation of the district's accreditation.
2185	2185	(e) [If an annual review indicates low performance on one or
2186	2186	more of the indicators under Sections 39.051(b)(1) through (8) of
2187	2187	one or more campuses in a district, the agency may conduct an
2188	2188	on-site evaluation of those campuses only.
2189	2189	[(f)] The investigators shall report orally and in writing
2190	2190	to the board of trustees of the school district and, as appropriate,
2191	2191	to campus administrators and shall make recommendations concerning
2192	2192	any necessary improvements or sources of aid such as regional
2193	2193	education service centers.
2194	2194	Sec. 39.057 [39.075]. SPECIAL ACCREDITATION INVESTIGATIONS.
2195	2195	(a) The commissioner shall authorize special accreditation
2196	2196	investigations to be conducted:
2197	2197	(1) when excessive numbers of absences of students
2198	2198	eligible to be tested on state assessment instruments are
2199	2199	determined;
2200	2200	(2) when excessive numbers of allowable exemptions
2201	2201	from the required state assessment instruments are determined;
2202	2202	(3) in response to complaints submitted to the agency
2203	2203	with respect to alleged violations of civil rights or other
2204	2204	requirements imposed on the state by federal law or court order;
2205	2205	(4) in response to established compliance reviews of
2206	2206	the district's financial accounting practices and state and federal
2207	2207	program requirements;
2208	2208	(5) when extraordinary numbers of student placements
2209	2209	in disciplinary alternative education programs, other than
2210	2210	placements under Sections 37.006 and 37.007, are determined;
2211	2211	(6) in response to an allegation involving a conflict
2212	2212	between members of the board of trustees or between the board and
2213	2213	the district administration if it appears that the conflict
2214	2214	involves a violation of a role or duty of the board members or the
2215	2215	administration clearly defined by this code;
2216	2216	(7) when excessive numbers of students in special
2217	2217	education programs under Subchapter A, Chapter 29, are assessed
2218	2218	through assessment instruments developed or adopted under Section
2219	2219	39.023(b);
2220	2220	(8) in response to an allegation regarding or an
2221	2221	analysis using a statistical method result indicating a possible
2222	2222	violation of an assessment instrument security procedure
2223	2223	established under Section 39.0301, including for the purpose of
2224	2224	investigating or auditing a school district under that section;
2225	2225	[or]
2226	2226	(9) when excessive numbers of students graduate under
2227	2227	the minimum high school program;
2228	2228	(10) when excessive numbers of students eligible to
2229	2229	enroll fail to complete an Algebra II course or any other course
2230	2230	determined by the commissioner as distinguishing between students
2231	2231	participating in the recommended high school program from students
2232	2232	participating in the minimum high school program; or
2233	2233	(11) as the commissioner otherwise determines
2234	2234	necessary.
2235	2235	(b) If the agency's findings in an investigation under
2236	2236	Subsection (a)(6) indicate that the board of trustees has observed
2237	2237	a lawfully adopted policy, the agency may not substitute its
2238	2238	judgment for that of the board.
2239	2239	(c) [(b-1)] The commissioner may authorize special
2240	2240	accreditation investigations to be conducted in response to
2241	2241	repeated complaints submitted to the agency concerning imposition
2242	2242	of excessive paperwork requirements on classroom teachers.
2243	2243	(d) [(c)] Based on the results of a special accreditation
2244	2244	investigation, the commissioner may:
2245	2245	(1) take appropriate action under Subchapter E [G];
2246	2246	(2) lower the school district's accreditation status
2247	2247	or the district's or campus's accountability rating; or
2248	2248	(3) take action under both Subdivisions (1) and (2).
2249	2249	(e) [(c) Based on the results of a special accreditation
2250	2250	investigation, the commissioner may lower the district's
2251	2251	accreditation rating and may take appropriate action under
2252	2252	Subchapter G.] Regardless of whether the commissioner lowers the
2253	2253	school district's accreditation status or the district's or
2254	2254	campus's accountability rating under Subsection (d), the
2255	2255	commissioner may take action under Sections 39.101(a)(1) through
2256	2256	(8) or Section 39.102 [39.131(a)(1) through (8)] if the
2257	2257	commissioner determines that the action is necessary to improve any
2258	2258	area of a district's or campus's performance, including the
2259	2259	district's financial accounting practices.
2260	2260	Sec. 39.058 [39.076]. CONDUCT OF INVESTIGATIONS. (a) The
2261	2261	agency shall adopt written procedures for conducting on-site
2262	2262	investigations under this subchapter. The agency shall make the
2263	2263	procedures available to the complainant, the alleged violator, and
2264	2264	the public. Agency staff must be trained in the procedures and must
2265	2265	follow the procedures in conducting the investigation.
2266	2266	(b) After completing an investigation, the agency shall
2267	2267	present preliminary findings to any person the agency finds has
2268	2268	violated a law, rule, or policy. Before issuing a report with its
2269	2269	final findings, the agency must provide a person the agency finds
2270	2270	has violated a law, rule, or policy an opportunity for an informal
2271	2271	review by the commissioner or a designated hearing examiner.
2272	2272	SUBCHAPTER D [I]. FINANCIAL ACCOUNTABILITY
2273	2273	Sec. 39.081 [39.201]. DEFINITIONS. In this subchapter:
2274	2274	(1) "Parent" includes a guardian or other person
2275	2275	having lawful control of a student.
2276	2276	(2) "System" means the financial accountability
2277	2277	rating system.
2278	2278	Sec. 39.082 [39.202]. DEVELOPMENT AND IMPLEMENTATION.
2279	2279	(a) The commissioner shall, in consultation with the comptroller,
2280	2280	develop and implement a financial accountability rating system for
2281	2281	school districts in this state that:
2282	2282	(1) distinguishes among school districts based on
2283	2283	levels of financial performance; and
2284	2284	(2) includes procedures to:
2285	2285	(A) provide additional transparency to public
2286	2286	education finance; and
2287	2287	(B) enable the commissioner and school district
2288	2288	administrators to provide meaningful financial oversight and
2289	2289	improvement.
2290	2290	(b) The system must include uniform indicators adopted by
2291	2291	the commissioner by which to measure a district's financial
2292	2292	management performance.
2293	2293	Sec. 39.0821. COMPTROLLER REVIEW OF RESOURCE ALLOCATION
2294	2294	PRACTICES. The comptroller shall identify school districts and
2295	2295	campuses that use resource allocation practices that contribute to
2296	2296	high academic achievement and cost-effective operations. In
2297	2297	identifying districts and campuses under this section, the
2298	2298	comptroller shall:
2299	2299	(1) evaluate existing academic accountability and
2300	2300	financial data by integrating the data;
2301	2301	(2) rank the results of the evaluation under
2302	2302	Subdivision (1) to identify the relative performance of districts
2303	2303	and campuses; and
2304	2304	(3) identify potential areas for district and campus
2305	2305	improvement.
2306	2306	Sec. 39.0822. FINANCIAL SOLVENCY REVIEW REQUIRED. (a) The
2307	2307	agency shall develop a review process to anticipate the future
2308	2308	financial solvency of each school district. The review process
2309	2309	shall analyze:
2310	2310	(1) district revenues and expenditures for the
2311	2311	preceding school year; and
2312	2312	(2) projected district revenues and expenditures for
2313	2313	the current school year and the following two school years.
2314	2314	(b) In analyzing the information under Subsection (a), the
2315	2315	review process developed must consider, for the preceding school
2316	2316	year, the current school year, and the following two school years,
2317	2317	as appropriate:
2318	2318	(1) student-to-staff ratios relative to expenditures,
2319	2319	including average staff salaries;
2320	2320	(2) the rate of change in the district unreserved
2321	2321	general fund balance;
2322	2322	(3) the number of students enrolled in the district;
2323	2323	(4) the adopted tax rate of the district;
2324	2324	(5) any independent audit report prepared for the
2325	2325	district; and
2326	2326	(6) actual district financial information for the
2327	2327	first quarter.
2328	2328	(c) The agency shall consult school district financial
2329	2329	officers and public finance experts in developing the review
2330	2330	process under this section.
2331	2331	(d) The agency shall develop an electronic-based program
2332	2332	for school districts to use in submitting information to the agency
2333	2333	for purposes of this section. Each district shall update
2334	2334	information for purposes of the program within the period
2335	2335	prescribed by the commissioner. The commissioner shall adopt rules
2336	2336	under this subsection to allow a district to enter estimates of
2337	2337	critical data into the program before the district adopts its
2338	2338	budget. The program must:
2339	2339	(1) be capable of importing, to the extent
2340	2340	practicable, data a district has previously submitted to the
2341	2341	agency;
2342	2342	(2) include an entry space that allows a district to
2343	2343	enter information explaining any irregularity in data submitted;
2344	2344	and
2345	2345	(3) provide alerts for:
2346	2346	(A) a student-to-staff ratio that is
2347	2347	significantly outside the norm;
2348	2348	(B) a rapid depletion of the district general
2349	2349	fund balance; and
2350	2350	(C) a significant discrepancy between actual
2351	2351	budget figures and projected revenues and expenditures.
2352	2352	(e) An alert in the program developed under Subsection (d)
2353	2353	must be developed to notify the agency immediately on the
2354	2354	occurrence of a condition described by Subsection (d)(3). After
2355	2355	the agency is alerted, the agency shall immediately notify the
2356	2356	affected school district regarding the condition triggering the
2357	2357	alert.
2358	2358	Sec. 39.0823. PROJECTED DEFICIT. (a) If the review
2359	2359	process under Section 39.0822 indicates a projected deficit for a
2360	2360	school district general fund within the following three school
2361	2361	years, the district shall provide the agency interim financial
2362	2362	reports, supplemented by staff and student count data, as needed,
2363	2363	to evaluate the district's current budget status.
2364	2364	(b) If the interim financial data provided under Subsection
2365	2365	(a) substantiates the projected deficit, the school district shall
2366	2366	develop a financial plan and submit the plan to the agency for
2367	2367	approval. The agency may approve the plan only if the agency
2368	2368	determines the plan will permit the district to avoid the projected
2369	2369	insolvency.
2370	2370	(c) The commissioner shall assign a school district an
2371	2371	accredited-warned status if:
2372	2372	(1) the district fails to submit a plan as provided by
2373	2373	Subsection (b);
2374	2374	(2) the district fails to obtain approval from the
2375	2375	agency for a plan as provided by Subsection (b);
2376	2376	(3) the district fails to comply with a plan approved
2377	2377	by the agency under Subsection (b); or
2378	2378	(4) the agency determines in a subsequent school year,
2379	2379	based on financial data submitted by the district, that the
2380	2380	approved plan for the district is no longer sufficient or is not
2381	2381	appropriately implemented.
2382	2382	Sec. 39.083 [39.203]. REPORTING. (a) The commissioner
2383	2383	shall develop, as part of the system, a reporting procedure under
2384	2384	which:
2385	2385	(1) each school district is required to prepare and
2386	2386	distribute an annual financial management report; and
2387	2387	(2) the public is provided an opportunity to comment
2388	2388	on the report at a hearing.
2389	2389	(b) The annual financial management report must include:
2390	2390	(1) a description of the district's financial
2391	2391	management performance based on a comparison, provided by the
2392	2392	agency, of the district's performance on the indicators adopted
2393	2393	under Section 39.082(b) [39.202(b)] to:
2394	2394	(A) state-established standards; and
2395	2395	(B) the district's previous performance on the
2396	2396	indicators; [and]
2397	2397	(2) a description of the data submitted using the
2398	2398	electronic-based program developed under Section 39.0822; and
2399	2399	(3) any descriptive information required by the
2400	2400	commissioner.
2401	2401	(c) The report may include:
2402	2402	(1) information concerning the district's:
2403	2403	(A) financial allocations;
2404	2404	(B) tax collections;
2405	2405	(C) financial strength;
2406	2406	(D) operating cost management;
2407	2407	(E) personnel management;
2408	2408	(F) debt management;
2409	2409	(G) facility acquisition and construction
2410	2410	management;
2411	2411	(H) cash management;
2412	2412	(I) budgetary planning;
2413	2413	(J) overall business management;
2414	2414	(K) compliance with rules; and
2415	2415	(L) data quality; and
2416	2416	(2) any other information the board of trustees
2417	2417	determines to be necessary or useful.
2418	2418	(d) The board of trustees of each school district shall hold
2419	2419	a public hearing on the report. The board shall give notice of the
2420	2420	hearing to owners of real property in the district and to parents of
2421	2421	district students. In addition to other notice required by law,
2422	2422	notice of the hearing must be provided:
2423	2423	(1) to a newspaper of general circulation in the
2424	2424	district; and
2425	2425	(2) through electronic mail to media serving the
2426	2426	district.
2427	2427	(e) After the hearing, the report shall be disseminated in
2428	2428	the district in the manner prescribed by the commissioner.
2429	2429	Sec. 39.084 [39.204]. RULES. The commissioner shall adopt
2430	2430	rules as necessary for the implementation and administration of
2431	2431	this subchapter.
2432	2432	SUBCHAPTER E [G]. ACCREDITATION INTERVENTIONS AND SANCTIONS
2433	2433	Sec. 39.101 [39.131]. INTERVENTIONS AND SANCTIONS FOR
2434	2434	DISTRICTS. (a) If a school district does not satisfy the
2435	2435	accreditation criteria under Section 39.052 [39.071], the
2436	2436	[academic] performance standards under Section 39.053 or 39.054
2437	2437	[39.072], or any financial accountability standard as determined by
2438	2438	commissioner rule, the commissioner shall take any of the following
2439	2439	actions to the extent the commissioner determines necessary:
2440	2440	(1) issue public notice of the deficiency to the board
2441	2441	of trustees;
2442	2442	(2) order a hearing conducted by the board of trustees
2443	2443	of the district for the purpose of notifying the public of the
2444	2444	insufficient [unacceptable] performance, the improvements in
2445	2445	performance expected by the agency, and the interventions and
2446	2446	sanctions that may be imposed under this section if the performance
2447	2447	does not improve;
2448	2448	(3) order the preparation of a student achievement
2449	2449	improvement plan that addresses each student achievement [academic
2450	2450	excellence] indicator under Section 39.053(c) for which the
2451	2451	district's performance is insufficient [unacceptable], the
2452	2452	submission of the plan to the commissioner for approval, and
2453	2453	implementation of the plan;
2454	2454	(4) order a hearing to be held before the commissioner
2455	2455	or the commissioner's designee at which the president of the board
2456	2456	of trustees of the district and the superintendent shall appear and
2457	2457	explain the district's low performance, lack of improvement, and
2458	2458	plans for improvement;
2459	2459	(5) arrange an on-site investigation of the district;
2460	2460	(6) appoint an agency monitor to participate in and
2461	2461	report to the agency on the activities of the board of trustees or
2462	2462	the superintendent;
2463	2463	(7) appoint a conservator to oversee the operations of
2464	2464	the district;
2465	2465	(8) appoint a management team to direct the operations
2466	2466	of the district in areas of insufficient [unacceptable] performance
2467	2467	or require the district to obtain certain services under a contract
2468	2468	with another person;
2469	2469	(9) if a district has a current accreditation status
2470	2470	of accredited-warned or accredited-probation, fails to satisfy any
2471	2471	standard under Section 39.054(d) [is rated academically
2472	2472	unacceptable], or fails to satisfy financial accountability
2473	2473	standards as determined by commissioner rule, appoint a board of
2474	2474	managers to exercise the powers and duties of the board of trustees;
2475	2475	(10) if for two consecutive school years, including
2476	2476	the [current] school year for which performance is currently
2477	2477	determined, a district has received an accreditation status of
2478	2478	accredited-warned or accredited-probation, has failed to satisfy
2479	2479	any standard under Section 39.054(d) [been rated academically
2480	2480	unacceptable], or has failed to satisfy financial accountability
2481	2481	standards as determined by commissioner rule, revoke the district's
2482	2482	accreditation and:
2483	2483	(A) order closure of the district and annex the
2484	2484	district to one or more adjoining districts under Section 13.054;
2485	2485	or
2486	2486	(B) in the case of a home-rule school district or
2487	2487	open-enrollment charter school, order closure of all programs
2488	2488	operated under the district's or school's charter; or
2489	2489	(11) if a district has failed to satisfy any standard
2490	2490	under Section 39.054(d) [been rated academically unacceptable for
2491	2491	two consecutive school years, including the current school year,]
2492	2492	due to the district's dropout rates, impose sanctions designed to
2493	2493	improve high school completion rates, including:
2494	2494	(A) ordering the development of a dropout
2495	2495	prevention plan for approval by the commissioner;
2496	2496	(B) restructuring the district or appropriate
2497	2497	school campuses to improve identification of and service to
2498	2498	students who are at risk of dropping out of school, as defined by
2499	2499	Section 29.081;
2500	2500	(C) ordering lower student-to-counselor ratios
2501	2501	on school campuses with high dropout rates; and
2502	2502	(D) ordering the use of any other intervention
2503	2503	strategy effective in reducing dropout rates, including mentor
2504	2504	programs and flexible class scheduling.
2505	2505	(b) This subsection applies regardless of whether a
2506	2506	district has satisfied the accreditation criteria. If for two
2507	2507	consecutive school years, including the [current] school year for
2508	2508	which the accreditation status is currently determined, a district
2509	2509	has had a conservator or management team assigned, the commissioner
2510	2510	may appoint a board of managers, a majority of whom must be
2511	2511	residents of the district, to exercise the powers and duties of the
2512	2512	board of trustees.
2513	2513	Sec. 39.102 [39.132]. INTERVENTIONS AND SANCTIONS FOR
2514	2514	[ACADEMICALLY UNACCEPTABLE] CAMPUSES. (a) If a campus
2515	2515	performance is below any standard under Section 39.054(d)
2516	2516	[39.073(b)], the [campus is considered an academically
2517	2517	unacceptable campus. The] commissioner [may permit the campus to
2518	2518	participate in an innovative redesign of the campus to improve
2519	2519	campus performance or] shall take [any of the other following]
2520	2520	actions, to the extent the commissioner determines necessary, as
2521	2521	provided by this subchapter.
2522	2522	(b) For a campus described by Subsection (a), the
2523	2523	commissioner, to the extent the commissioner determines necessary,
2524	2524	may[:
2525	2525	[(1) issue public notice of the deficiency to the
2526	2526	board of trustees;
2527	2527	[(2) order a hearing conducted by the board of
2528	2528	trustees at the campus for the purpose of:
2529	2529	[(A) notifying the public of the unacceptable
2530	2530	performance, the improvements in performance expected by the
2531	2531	agency, and the sanctions that may be imposed under this section if
2532	2532	the performance does not improve within a designated period of
2533	2533	time; and
2534	2534	[(B) soliciting public comment on the initial
2535	2535	steps being taken to improve performance;
2536	2536	[(3) order the preparation of a report regarding the
2537	2537	parental involvement program at the campus and a plan describing
2538	2538	strategies for improving parental involvement at the campus;
2539	2539	[(4) order the preparation of a report regarding the
2540	2540	effectiveness of the district- and campus-level planning and
2541	2541	decision-making committees established under Subchapter F, Chapter
2542	2542	11, and a plan describing strategies for improving the
2543	2543	effectiveness of those committees;
2544	2544	[(5) order the preparation of a student improvement
2545	2545	plan that addresses each academic excellence indicator for which
2546	2546	the campus's performance is unacceptable, the submission of the
2547	2547	plan to the commissioner for approval, and implementation of the
2548	2548	plan;
2549	2549	[(6)] order a hearing to be held before the
2550	2550	commissioner or the commissioner's designee at which the president
2551	2551	of the board of trustees, the superintendent, and the campus
2552	2552	principal shall appear and explain the campus's low performance,
2553	2553	lack of improvement, and plans for improvement[; or
2554	2554	[(7) appoint a campus intervention team under Section
2555	2555	39.1322].
2556	2556	(c) Notwithstanding the provisions of this subchapter, if
2557	2557	the commissioner determines that a campus subject to interventions
2558	2558	or sanctions under this subchapter has implemented substantially
2559	2559	similar intervention measures under federal accountability
2560	2560	requirements, the commissioner may accept the substantially
2561	2561	similar intervention measures as measures in compliance with this
2562	2562	subchapter.
2563	2563	Sec. 39.103 [39.1321]. INTERVENTIONS AND SANCTIONS FOR
2564	2564	CHARTER SCHOOLS. (a) Interventions and sanctions [Sanctions]
2565	2565	authorized under this chapter for a school district or campus apply
2566	2566	in the same manner to an open-enrollment charter school.
2567	2567	(b) The commissioner shall adopt rules to implement
2568	2568	procedures to impose any intervention or sanction provision under
2569	2569	this chapter as those provisions relate to open-enrollment charter
2570	2570	schools.
2571	2571	(c) In adopting rules under this section, the commissioner
2572	2572	shall require that the charter of an open-enrollment charter
2573	2573	school:
2574	2574	(1) be automatically revoked if the charter school is
2575	2575	ordered closed under this chapter; and
2576	2576	(2) be automatically modified to remove authorization
2577	2577	for an individual campus if the campus is ordered closed under this
2578	2578	chapter.
2579	2579	(d) If interventions or sanctions are imposed on an
2580	2580	open-enrollment charter school under the procedures provided by
2581	2581	this chapter, a charter school is not entitled to an additional
2582	2582	hearing relating to the modification, placement on probation,
2583	2583	revocation, or denial of renewal of a charter as provided by
2584	2584	Subchapter D, Chapter 12.
2585	2585	Sec. 39.104 [39.1322]. [TECHNICAL ASSISTANCE AND] CAMPUS
2586	2586	IMPROVEMENT PLAN [INTERVENTION TEAMS]. (a) This section applies
2587	2587	if [If] a campus performance satisfies performance standards under
2588	2588	Section 39.054(d) [is rated academically acceptable] for the
2589	2589	current school year but would not satisfy performance standards
2590	2590	under Section 39.054(d) [be rated as academically unacceptable] if
2591	2591	the [performance] standards to be used for the following school
2592	2592	year were applied to the current school year. On request of[,] the
2593	2593	commissioner, the campus shall submit to the commissioner in an
2594	2594	electronic format the portions of the campus improvement plan
2595	2595	developed under Section 11.253 that are relevant to those areas for
2596	2596	which the campus would not satisfy performance standards [select
2597	2597	and assign a technical assistance team to assist the campus in
2598	2598	executing a school improvement plan and any other school
2599	2599	improvement strategies the commissioner determines appropriate.
2600	2600	The commissioner may waive the requirement to assign a technical
2601	2601	assistance team under this subsection if the improvement in
2602	2602	performance standards among all student groups, including special
2603	2603	populations, over the preceding three years indicates that the
2604	2604	campus is likely to be rated academically acceptable in the
2605	2605	following school year].
2606	2606	(b) If the [a] campus to which this section applies is an
2607	2607	open-enrollment charter school, the school shall establish a
2608	2608	campus-level planning and decision-making committee as provided
2609	2609	for through procedures as much as practicable the same as those
2610	2610	provided by Sections 11.251(b)-(e) and develop a campus improvement
2611	2611	plan as provided by Section 11.253. On request of the commissioner,
2612	2612	the school shall submit to the commissioner in an electronic format
2613	2613	the portions of the campus improvement plan that are relevant to
2614	2614	those areas for which the school would not satisfy performance
2615	2615	standards [has been identified as academically unacceptable under
2616	2616	Section 39.132, the commissioner shall appoint a campus
2617	2617	intervention team.
2618	2618	[(c) To the extent practicable, the commissioner shall
2619	2619	select and assign the technical assistance team under Subsection
2620	2620	(a) or the campus intervention team under Subsection (b) before the
2621	2621	first day of instruction for the school year.
2622	2622	[(d) The commissioner may determine when the services of a
2623	2623	technical assistance team or campus intervention team are no longer
2624	2624	needed at a campus under this section].
2625	2625	Sec. 39.105 [39.1323]. CAMPUS INTERVENTION TEAM
2626	2626	[PROCEDURES]. (a) If a campus performance is below any standard
2627	2627	under Section 39.054(d), the commissioner shall assign a campus
2628	2628	intervention team. A campus intervention team shall:
2629	2629	(1) conduct:
2630	2630	(A) a targeted [comprehensive] on-site needs
2631	2631	assessment relevant to an area of insufficient performance
2632	2632	[evaluation] of the campus as provided by Subsection (b) [to
2633	2633	determine the cause for the campus's low performance and lack of
2634	2634	progress]; or
2635	2635	(B) if the commissioner determines necessary, a
2636	2636	comprehensive on-site needs assessment, using the procedures
2637	2637	provided by Subsection (b);
2638	2638	(2) recommend appropriate actions as provided by
2639	2639	Subsection (c)[, including reallocation of resources and technical
2640	2640	assistance, changes in school procedures or operations, staff
2641	2641	development for instructional and administrative staff,
2642	2642	intervention for individual administrators or teachers, waivers
2643	2643	from state statute or rule, or other actions the team considers
2644	2644	appropriate];
2645	2645	(3) assist in the development of a targeted [school]
2646	2646	improvement plan [for student achievement]; [and]
2647	2647	(4) assist the campus in submitting the targeted
2648	2648	improvement plan to the board of trustees for approval and
2649	2649	presenting the plan in a public hearing as provided by Subsection
2650	2650	(e-1); and
2651	2651	(5) assist the commissioner in monitoring the progress
2652	2652	of the campus in implementing the targeted [school] improvement
2653	2653	plan [for improvement of student achievement].
2654	2654	(b) An [A campus intervention team assigned under Section
2655	2655	39.1322 to a campus shall conduct a comprehensive] on-site needs
2656	2656	assessment of the campus under Subsection (a) must [to] determine
2657	2657	the contributing [causal] factors resulting in the campus's low
2658	2658	performance and lack of progress. The team shall use any of the
2659	2659	following guidelines and procedures relevant to any area of
2660	2660	insufficient performance in conducting a targeted on-site needs
2661	2661	assessment and shall use each of the following guidelines and
2662	2662	procedures in conducting a [the] comprehensive on-site needs
2663	2663	assessment [of the campus]:
2664	2664	(1) an assessment of the staff to determine the
2665	2665	percentage of certified teachers who are teaching in their field,
2666	2666	the number of teachers with less than three years of experience, and
2667	2667	teacher turnover rates;
2668	2668	(2) compliance with the appropriate class-size rules
2669	2669	and number of class-size waivers received;
2670	2670	(3) an assessment of the quality, quantity, and
2671	2671	appropriateness of instructional materials, including the
2672	2672	availability of technology-based instructional materials;
2673	2673	(4) a report on the parental involvement strategies
2674	2674	and the effectiveness of the strategies;
2675	2675	(5) an assessment of the extent and quality of the
2676	2676	mentoring program provided for new teachers on the campus;
2677	2677	(6) an assessment of the type and quality of the
2678	2678	professional development provided to the staff;
2679	2679	(7) a demographic analysis of the student population,
2680	2680	including student demographics, at-risk populations, and special
2681	2681	education percentages;
2682	2682	(8) a report of disciplinary incidents and school
2683	2683	safety information;
2684	2684	(9) financial and accounting practices;
2685	2685	(10) an assessment of the appropriateness of the
2686	2686	curriculum and teaching strategies; and
2687	2687	(11) any other research-based data or information
2688	2688	obtained from a data collection process that would assist the
2689	2689	campus intervention team in:
2690	2690	(A) recommending an action under Subsection (c);
2691	2691	and
2692	2692	(B) executing a targeted [school] improvement
2693	2693	plan under Subsection (d-1) [(d)].
2694	2694	(c) On completing the on-site needs assessment [evaluation]
2695	2695	under this section, the campus intervention team shall recommend
2696	2696	actions relating to any area of insufficient performance,
2697	2697	including:
2698	2698	(1) reallocation of resources;
2699	2699	(2) technical assistance;
2700	2700	(3) changes in school procedures or operations;
2701	2701	(4) staff development for instructional and
2702	2702	administrative staff;
2703	2703	(5) intervention for individual administrators or
2704	2704	teachers;
2705	2705	(6) waivers from state statutes or rules; or
2706	2706	(7) other actions the campus intervention team
2707	2707	considers appropriate.
2708	2708	(d) The campus intervention team shall assist the campus in
2709	2709	submitting the targeted improvement plan to the commissioner for
2710	2710	approval.
2711	2711	(d-1) In executing the targeted [a school] improvement plan
2712	2712	[developed under Subsection (a)(3)], the campus intervention team
2713	2713	shall, if appropriate:
2714	2714	(1) assist the campus in implementing research-based
2715	2715	practices for curriculum development and classroom instruction,
2716	2716	including bilingual education and special education programs[, if
2717	2717	appropriate,] and financial management; and
2718	2718	(2) provide research-based technical assistance,
2719	2719	including data analysis, academic deficiency identification,
2720	2720	intervention implementation, and budget analysis, to strengthen
2721	2721	and improve the instructional programs at the campus[; and
2722	2722	[(3) submit the school improvement plan to the
2723	2723	commissioner for approval].
2724	2724	(e) For each year campus performance is below any standard
2725	2725	under Section 39.054(d), a [A] campus intervention team shall
2726	2726	[appointed under Section 39.1322(b)]:
2727	2727	(1) [shall] continue to work with a campus until:
2728	2728	(A) the campus satisfies all performance
2729	2729	standards under Section 39.054(d) [is rated academically
2730	2730	acceptable] for a two-year period; or
2731	2731	(B) the campus satisfies all performance
2732	2732	standards under Section 39.054(d) [is rated academically
2733	2733	acceptable] for a one-year period and the commissioner determines
2734	2734	that the campus is operating and will continue to operate in a
2735	2735	manner that improves student achievement; [and]
2736	2736	(2) assist in updating the targeted improvement plan
2737	2737	to identify and analyze areas of growth and areas that require
2738	2738	improvement; and
2739	2739	(3) submit each updated plan described by Subdivision
2740	2740	(2) to the board of trustees of the school district [may continually
2741	2741	update the school improvement plan, with approval from the
2742	2742	commissioner, to meet the needs of the campus].
2743	2743	(e-1) After a targeted improvement plan or updated plan is
2744	2744	submitted to the board of trustees of the school district, the
2745	2745	board:
2746	2746	(1) shall conduct a hearing for the purpose of:
2747	2747	(A) notifying the public of the insufficient
2748	2748	performance, the improvements in performance expected by the
2749	2749	agency, and the intervention measures or sanctions that may be
2750	2750	imposed under this subchapter if the performance does not improve
2751	2751	within a designated period; and
2752	2752	(B) soliciting public comment on the targeted
2753	2753	improvement plan or any updated plan;
2754	2754	(2) may conduct one hearing relating to one or more
2755	2755	campuses subject to a targeted improvement plan or an updated plan;
2756	2756	and
2757	2757	(3) shall submit the targeted improvement plan or any
2758	2758	updated plan to the commissioner for approval.
2759	2759	(f) Notwithstanding any other provision of this subchapter,
2760	2760	if the commissioner determines that a campus for which an
2761	2761	intervention is ordered under Subsection (a) [Section 39.1322(b)]
2762	2762	is not fully implementing the campus intervention team's
2763	2763	recommendations or targeted [school] improvement plan or updated
2764	2764	plan, the commissioner may order the reconstitution of the campus
2765	2765	as provided by Section 39.106.
2766	2766	Sec. 39.106 [39.1324]. RECONSTITUTION, REPURPOSING,
2767	2767	ALTERNATIVE MANAGEMENT, AND CLOSURE [MANDATORY SANCTIONS].
2768	2768	(a) Unless otherwise provided under the procedures for approval of
2769	2769	an updated targeted improvement plan under Section 39.105(e-1) or
2770	2770	this subsection, after [If] a campus has been identified as below
2771	2771	any standard under Section 39.054(d) [academically unacceptable]
2772	2772	for two consecutive school years, [including the current school
2773	2773	year,] the commissioner shall order the reconstitution of the
2774	2774	campus [and assign a campus intervention team]. In reconstituting
2775	2775	a [the] campus, a campus intervention team shall assist the campus
2776	2776	in:
2777	2777	(1) developing an updated targeted [a school]
2778	2778	improvement plan;
2779	2779	(2) submitting the updated targeted improvement plan
2780	2780	to the board of trustees of the school district for approval and
2781	2781	presenting the plan in a public hearing as provided by Section
2782	2782	39.105(e-1);
2783	2783	(3) [(2)] obtaining approval of the updated plan from
2784	2784	the commissioner; and
2785	2785	(4) [(3)] executing the plan on approval by the
2786	2786	commissioner.
2787	2787	(b) The campus intervention team shall decide which
2788	2788	educators may be retained at that campus. A principal who has been
2789	2789	employed by the campus in that capacity during the full [two-year]
2790	2790	period described by Subsection (a) may not be retained at that
2791	2791	campus unless the campus intervention team determines that:
2792	2792	(1) students enrolled at the campus have demonstrated
2793	2793	significant academic improvement; or
2794	2794	(2) retention is appropriate under Section 39.236.
2795	2795	(b-1) A teacher of a subject assessed by an assessment
2796	2796	instrument under Section 39.023 may be retained only if the campus
2797	2797	intervention team determines that a pattern exists of significant
2798	2798	academic improvement by students taught by the teacher. If an
2799	2799	educator is not retained, the educator may be assigned to another
2800	2800	position in the district.
2801	2801	(b-2) For each year the performance of a campus is below any
2802	2802	standard under Section 39.054(d) after the second consecutive
2803	2803	school year the performance of the campus is below any standard
2804	2804	under Section 39.054(d), a campus intervention team shall:
2805	2805	(1) assist in updating the targeted improvement plan
2806	2806	to identify and analyze areas of growth and areas that require
2807	2807	improvement;
2808	2808	(2) submit the updated plan to the board of trustees of
2809	2809	the school district; and
2810	2810	(3) assist in submitting the updated plan to the
2811	2811	commissioner for approval.
2812	2812	(c) A campus subject to Subsection (a) shall implement the
2813	2813	updated targeted [school] improvement plan as approved by the
2814	2814	commissioner. The commissioner may appoint a monitor, conservator,
2815	2815	management team, or [a] board of managers to the district to ensure
2816	2816	and oversee district-level support to low-performing campuses and
2817	2817	the implementation of the updated targeted [school] improvement
2818	2818	plan. In making appointments under this subsection, the
2819	2819	commissioner shall consider individuals who have demonstrated
2820	2820	success in managing campuses with student populations from similar
2821	2821	demographic groups and with similar educational needs as the
2822	2822	student population the campus at which the individual appointed
2823	2823	will serve.
2824	2824	(d) If [Notwithstanding any other provision of this
2825	2825	subchapter, if] the commissioner determines that the [a] campus
2826	2826	[subject to Subsection (a)] is not fully implementing the updated
2827	2827	targeted [school] improvement plan or if the students enrolled at
2828	2828	the campus fail to demonstrate substantial improvement in the areas
2829	2829	targeted by the updated plan, the commissioner may order:
2830	2830	(1) repurposing of the campus under this section;
2831	2831	(2) [pursue] alternative management of the campus
2832	2832	under this section; [Section 39.1327] or
2833	2833	(3) [may order] closure of the campus.
2834	2834	(e) [If a campus is considered an academically unacceptable
2835	2835	campus for the subsequent school year after the campus is
2836	2836	reconstituted under this section, the commissioner shall review the
2837	2837	progress of the campus and may order closure of the campus or pursue
2838	2838	alternative management under Section 39.1327.
2839	2839	[(f)] If the performance of a campus is below any standard
2840	2840	under Section 39.054(d) [considered academically unacceptable] for
2841	2841	three [two] consecutive school years after the campus is
2842	2842	reconstituted under Subsection (a), the commissioner shall order:
2843	2843	(1) repurposing of the campus under this section;
2844	2844	(2) alternative management of the campus under this
2845	2845	section; or
2846	2846	(3) closure of the campus [or pursue alternative
2847	2847	management under Section 39.1327].
2848	2848	(f) If the commissioner orders repurposing of a campus, the
2849	2849	school district shall develop a comprehensive plan for repurposing
2850	2850	the campus and submit the plan to the board of trustees for
2851	2851	approval, using the procedures described by Section 39.105(e-1),
2852	2852	and to the commissioner for approval. The plan must include a
2853	2853	description of a rigorous and relevant academic program for the
2854	2854	campus. The plan may include various instructional models. The
2855	2855	commissioner may not approve the repurposing of a campus unless:
2856	2856	(1) all students in the assigned attendance zone of
2857	2857	the campus in the school year immediately preceding the repurposing
2858	2858	of the campus are provided with the opportunity to enroll in and are
2859	2859	provided transportation on request to another school, which may
2860	2860	include another school on the same campus, unless the commissioner
2861	2861	grants an exception because there is no other school in the district
2862	2862	in which the students may enroll;
2863	2863	(2) the principal is not retained at the campus,
2864	2864	unless the commissioner determines that students enrolled at the
2865	2865	campus have demonstrated significant academic improvement; and
2866	2866	(3) at least 75 percent of the teachers employed at the
2867	2867	campus in the school year immediately preceding the repurposing of
2868	2868	the campus are not retained at the campus, unless the commissioner
2869	2869	or the commissioner's designee grants an exception, at the request
2870	2870	of a school district, for:
2871	2871	(A) a teacher who provides instruction in a
2872	2872	subject other than a subject for which an assessment instrument is
2873	2873	administered under Section 39.023(a) or (c) who demonstrates to the
2874	2874	commissioner satisfactory performance; or
2875	2875	(B) a teacher who provides instruction in a
2876	2876	subject for which an assessment instrument is administered under
2877	2877	Section 39.023(a) or (c) if the district demonstrates that the
2878	2878	students of the teacher demonstrated satisfactory performance or
2879	2879	improved academic growth on that assessment instrument.
2880	2880	(g) If an educator is not retained under Subsection (f), the
2881	2881	educator may be assigned to another position in the district.
2882	2882	(h) If the commissioner orders alternative management under
2883	2883	this section, the [Sec. 39.1327. MANAGEMENT OF CERTAIN
2884	2884	ACADEMICALLY UNACCEPTABLE CAMPUSES. (a) A campus may be subject
2885	2885	to this section if the campus has been identified as academically
2886	2886	unacceptable under Section 39.132 and the commissioner orders
2887	2887	alternative management under Section 39.1324(d), (e), or (f).
2888	2888	[(b) The] commissioner shall solicit proposals from
2889	2889	qualified [nonprofit] entities to assume management of a campus
2890	2890	subject to this section or may appoint to assume management of a
2891	2891	campus subject to this section a school district other than the
2892	2892	district in which the campus is located that is located in the
2893	2893	boundaries of the same regional education service center as the
2894	2894	campus is located. A district appointed under this section shall
2895	2895	assume management of a campus subject to this section in the same
2896	2896	manner provided by this section for a qualified [nonprofit] entity
2897	2897	or in accordance with commissioner rule.
2898	2898	(i) [(c)] If the commissioner determines that the basis for
2899	2899	the unsatisfactory performance of [identifying] a campus for more
2900	2900	than two consecutive school years [as academically unacceptable] is
2901	2901	limited to a specific condition that may be remedied with targeted
2902	2902	technical assistance, the commissioner may[:
2903	2903	[(1) provide the campus a one-year waiver under this
2904	2904	section; and
2905	2905	[(2)] require the district to contract for the
2906	2906	appropriate technical assistance.
2907	2907	(j) [(d)] The commissioner may annually solicit proposals
2908	2908	under this section for the management of a campus subject to this
2909	2909	section. The commissioner shall notify a qualified [nonprofit]
2910	2910	entity that has been approved as a provider under this section. The
2911	2911	district must execute a contract with an approved provider and
2912	2912	relinquish control of the campus before January 1 of the school
2913	2913	year.
2914	2914	(k) [(e)] To qualify for consideration as a managing entity
2915	2915	under this section, the entity must submit a proposal that provides
2916	2916	information relating to the entity's management and leadership team
2917	2917	that will participate in management of the campus under
2918	2918	consideration, including information relating to individuals that
2919	2919	have:
2920	2920	(1) documented success in whole school interventions
2921	2921	that increased the educational and performance levels of students
2922	2922	in [academically unacceptable] campuses in which the campus
2923	2923	performance was below any standard under Section 39.054(d);
2924	2924	(2) a proven record of effectiveness with programs
2925	2925	assisting low-performing students;
2926	2926	(3) a proven ability to apply research-based school
2927	2927	intervention strategies;
2928	2928	(4) a proven record of financial ability to perform
2929	2929	under the management contract; and
2930	2930	(5) any other experience or qualifications the
2931	2931	commissioner determines necessary.
2932	2932	(l) [(f)] In selecting a managing entity under this
2933	2933	section, the commissioner shall give preference to a qualified
2934	2934	[nonprofit] entity that:
2935	2935	(1) meets any qualifications under this section; and
2936	2936	(2) has documented success in educating students from
2937	2937	similar demographic groups and with similar educational needs as
2938	2938	the students who attend the campus that is to be operated by a
2939	2939	managing entity under this section.
2940	2940	(m) [(g)] The school district may negotiate the term of a
2941	2941	management contract for not more than five years with an option to
2942	2942	renew the contract. The management contract must include a
2943	2943	provision describing the district's responsibilities in supporting
2944	2944	the operation of the campus. The commissioner shall approve the
2945	2945	contract before the contract is executed and, as appropriate, may
2946	2946	require the district, as a term of the contract, to support the
2947	2947	campus in the same manner as the district was required to support
2948	2948	the campus before the execution of the management contract.
2949	2949	(n) [(h)] A management contract under this section shall
2950	2950	include provisions approved by the commissioner that require the
2951	2951	managing entity to demonstrate improvement in campus performance,
2952	2952	including negotiated performance measures. The performance
2953	2953	measures must be consistent with the priorities of this chapter.
2954	2954	The commissioner shall evaluate a managing entity's performance on
2955	2955	the first and second anniversaries of the date of the management
2956	2956	contract. If the evaluation fails to demonstrate improvement as
2957	2957	negotiated under the contract by the first anniversary of the date
2958	2958	of the management contract, the district may terminate the
2959	2959	management contract, with the commissioner's consent, for
2960	2960	nonperformance or breach of contract and select another provider
2961	2961	from an approved list provided by the commissioner. If the
2962	2962	evaluation fails to demonstrate significant improvement, as
2963	2963	determined by the commissioner, by the second anniversary of the
2964	2964	date of the management contract, the district shall terminate the
2965	2965	management contract and select another provider from an approved
2966	2966	list provided by the commissioner or resume operation of the campus
2967	2967	if approved by the commissioner. If the commissioner approves the
2968	2968	district's operation of the campus, the commissioner shall assign a
2969	2969	technical assistance team to assist the campus.
2970	2970	(o) [(i)] Notwithstanding any other provision of this code,
2971	2971	the funding for a campus operated by a managing entity must be not
2972	2972	less than the funding of the other campuses in the district on a per
2973	2973	student basis so that the managing entity receives at least the same
2974	2974	funding the campus would otherwise have received.
2975	2975	(p) [(j)] Each campus operated by a managing entity under
2976	2976	this section is subject to this chapter in the same manner as any
2977	2977	other campus in the district.
2978	2978	(q) [(k)] The commissioner may adopt rules necessary to
2979	2979	implement this section.
2980	2980	(r) [(l)] With respect to the management of a campus under
2981	2981	this section:
2982	2982	(1) a managing entity is considered to be a
2983	2983	governmental body for purposes of Chapters 551 and 552, Government
2984	2984	Code; and
2985	2985	(2) any requirement in Chapter 551 or 552, Government
2986	2986	Code, that applies to a school district or the board of trustees of
2987	2987	a school district applies to a managing entity.
2988	2988	Sec. 39.107 [39.133]. ANNUAL REVIEW. The commissioner
2989	2989	shall review annually the performance of a district or campus
2990	2990	subject to this subchapter to determine the appropriate actions to
2991	2991	be implemented under this subchapter. The commissioner must review
2992	2992	at least annually the performance of a district for which the
2993	2993	accreditation status or rating has been lowered due to insufficient
2994	2994	[unacceptable] student performance and may not raise the
2995	2995	accreditation status or rating until the district has demonstrated
2996	2996	improved student performance. If the review reveals a lack of
2997	2997	improvement, the commissioner shall increase the level of state
2998	2998	intervention and sanction unless the commissioner finds good cause
2999	2999	for maintaining the current status.
3000	3000	Sec. 39.108 [39.1331]. ACQUISITION OF PROFESSIONAL
3001	3001	SERVICES. In addition to other interventions and sanctions
3002	3002	authorized under this subchapter [Sections 39.131 and 39.132], the
3003	3003	commissioner may order a school district or campus to acquire
3004	3004	professional services at the expense of the district or campus to
3005	3005	address the applicable financial, assessment, data quality,
3006	3006	program, performance, or governance deficiency. The
3007	3007	commissioner's order may require the district or campus to:
3008	3008	(1) select or be assigned an external auditor, data
3009	3009	quality expert, professional authorized to monitor district
3010	3010	assessment instrument administration, or curriculum or program
3011	3011	expert; or
3012	3012	(2) provide for or participate in the appropriate
3013	3013	training of district staff or board of trustees members in the case
3014	3014	of a district, or campus staff, in the case of a campus.
3015	3015	Sec. 39.109 [39.134]. COSTS PAID BY DISTRICT. The costs of
3016	3016	providing a monitor, conservator, management team, campus
3017	3017	intervention team, technical assistance team, managing entity, or
3018	3018	service provider under this subchapter [Section 39.1327, or service
3019	3019	provider under Section 39.1331] shall be paid by the district. If
3020	3020	the district fails or refuses to pay the costs in a timely manner,
3021	3021	the commissioner may:
3022	3022	(1) pay the costs using amounts withheld from any
3023	3023	funds to which the district is otherwise entitled; or
3024	3024	(2) recover the amount of the costs in the manner
3025	3025	provided for recovery of an overallocation of state funds under
3026	3026	Section 42.258.
3027	3027	Sec. 39.110 [39.135]. CONSERVATOR OR MANAGEMENT TEAM.
3028	3028	(a) The commissioner shall clearly define the powers and duties of
3029	3029	a conservator or management team appointed to oversee the
3030	3030	operations of the district.
3031	3031	(b) At least every 90 days, the commissioner shall review
3032	3032	the need for the conservator or management team and shall remove the
3033	3033	conservator or management team unless the commissioner determines
3034	3034	that continued appointment is necessary for effective governance of
3035	3035	the district or delivery of instructional services.
3036	3036	(c) A conservator or management team, if directed by the
3037	3037	commissioner, shall prepare a plan for the implementation of action
3038	3038	under Section 39.101(a)(9) [39.131(a)(9)] or (10). The conservator
3039	3039	or management team:
3040	3040	(1) may direct an action to be taken by the principal
3041	3041	of a campus, the superintendent of the district, or the board of
3042	3042	trustees of the district;
3043	3043	(2) may approve or disapprove any action of the
3044	3044	principal of a campus, the superintendent of the district, or the
3045	3045	board of trustees of the district;
3046	3046	(3) may not take any action concerning a district
3047	3047	election, including ordering or canceling an election or altering
3048	3048	the date of or the polling places for an election;
3049	3049	(4) may not change the number of or method of selecting
3050	3050	the board of trustees;
3051	3051	(5) may not set a tax rate for the district; and
3052	3052	(6) may not adopt a budget for the district that
3053	3053	provides for spending a different amount, exclusive of required
3054	3054	debt service, from that previously adopted by the board of
3055	3055	trustees.
3056	3056	Sec. 39.111 [39.136]. BOARD OF MANAGERS. (a) A board of
3057	3057	managers may exercise all of the powers and duties assigned to a
3058	3058	board of trustees of a school district by law, rule, or regulation.
3059	3059	This subchapter applies to a district governed by a board of
3060	3060	managers in the same manner that this subchapter applies to any
3061	3061	other district.
3062	3062	(b) If the commissioner appoints a board of managers to
3063	3063	govern a district, the powers of the board of trustees of the
3064	3064	district are suspended for the period of the appointment and the
3065	3065	commissioner shall appoint a district superintendent.
3066	3066	Notwithstanding any other provision of this code, the board of
3067	3067	managers may amend the budget of the district.
3068	3068	(c) If the commissioner appoints a board of managers to
3069	3069	govern a campus, the powers of the board of trustees of the district
3070	3070	in relation to the campus are suspended for the period of the
3071	3071	appointment and the commissioner shall appoint a campus principal.
3072	3072	Notwithstanding any other provision of this code, the board of
3073	3073	managers may submit to the commissioner for approval amendments to
3074	3074	the budget of the district for the benefit of the campus. If the
3075	3075	commissioner approves the amendments, the board of trustees of the
3076	3076	district shall adopt the amendments.
3077	3077	(d) A conservator or a member of a management team appointed
3078	3078	to serve on a board of managers may continue to be compensated as
3079	3079	determined by the commissioner.
3080	3080	(e) At the direction of the commissioner but not later than
3081	3081	the second anniversary of the date the board of managers of a
3082	3082	district was appointed, the board of managers shall order an
3083	3083	election of members of the district board of trustees. The election
3084	3084	must be held on a uniform election date on which an election of
3085	3085	district trustees may be held under Section 41.001, Election Code,
3086	3086	that is at least 180 days after the date the election was ordered.
3087	3087	On qualification of members for office, the board of trustees
3088	3088	assumes all of the powers and duties assigned to a board of trustees
3089	3089	by law, rule, or regulation.
3090	3090	Sec. 39.112 [39.137]. [SPECIAL] CAMPUS INTERVENTION TEAM.
3091	3091	A [special] campus intervention team appointed under this
3092	3092	subchapter may consist of teachers, principals, other educational
3093	3093	professionals, and superintendents recognized for excellence in
3094	3094	their roles and appointed by the commissioner to serve as members of
3095	3095	a team.
3096	3096	Sec. 39.113 [39.138]. IMMUNITY FROM CIVIL LIABILITY. An
3097	3097	employee, volunteer, or contractor acting on behalf of the
3098	3098	commissioner under this subchapter is immune from civil liability
3099	3099	to the same extent as a professional employee of a school district
3100	3100	under Section 22.051.
3101	3101	Sec. 39.114. CAMPUS NAME CHANGE PROHIBITED. In
3102	3102	reconstituting, repurposing, or imposing any other intervention or
3103	3103	sanction on a campus under this subchapter, other than closure, the
3104	3104	commissioner may not require that the name of the campus be changed.
3105	3105	Sec. 39.115. TRANSITIONAL INTERVENTIONS AND SANCTIONS.
3106	3106	(a) During the period of transition to the accreditation system
3107	3107	established under S.B. No. 3, Acts of the 81st Legislature, Regular
3108	3108	Session, 2009, to be implemented in August 2014, the commissioner
3109	3109	may suspend assignment of accreditation statuses and performance
3110	3110	ratings for the 2011-2012 school year and, with respect to the
3111	3111	college readiness indicators under Section 39.053(c)(1)(B), for
3112	3112	the 2012-2013 school year.
3113	3113	(b) During the 2011-2012 school year and, with respect to
3114	3114	the college readiness indicators under Section 39.053(c)(1)(B),
3115	3115	the 2012-2013 school year, the commissioner shall continue to
3116	3116	implement interventions and sanctions for those districts and
3117	3117	campuses identified as having unsatisfactory performance in the
3118	3118	2010-2011 school year in accordance with the performance standards
3119	3119	applicable during the 2010-2011 school year and may increase or
3120	3120	decrease the level of interventions and sanctions based on an
3121	3121	evaluation of the district's or campus's performance.
3122	3122	(c) For purposes of determining multiple years of
3123	3123	unsatisfactory performance and required district and campus
3124	3124	interventions and sanctions under this subchapter, the performance
3125	3125	ratings and accreditation statuses issued in the 2010-2011 and
3126	3126	2012-2013 school years and, with respect to the college readiness
3127	3127	indicators under Section 39.053(c)(1)(B), the 2013-2014 school
3128	3128	year shall be considered consecutive.
3129	3129	(d) This section expires September 1, 2015.
3130	3130	SUBCHAPTER F [K]. PROCEDURES FOR CHALLENGE OF ACCOUNTABILITY
3131	3131	DETERMINATION [RATING OR SANCTION]
3132	3132	Sec. 39.151 [39.301]. REVIEW BY COMMISSIONER:
3133	3133	ACCOUNTABILITY DETERMINATION [RATINGS]. (a) The commissioner by
3134	3134	rule shall provide a process for a school district or
3135	3135	open-enrollment charter school to challenge an agency decision made
3136	3136	under this chapter relating to an academic or financial
3137	3137	accountability rating that affects the district or school.
3138	3138	(b) The rules under Subsection (a) must provide for the
3139	3139	commissioner to appoint a committee to make recommendations to the
3140	3140	commissioner on a challenge made to an agency decision relating to
3141	3141	an academic performance rating or determination or financial
3142	3142	accountability rating. The commissioner may not appoint an agency
3143	3143	employee as a member of the committee.
3144	3144	(c) The commissioner may limit a challenge under this
3145	3145	section to a written submission of any issue identified by the
3146	3146	school district or open-enrollment charter school challenging the
3147	3147	agency decision.
3148	3148	(d) The commissioner shall make a final decision under this
3149	3149	section after considering the recommendation of the committee
3150	3150	described by Subsection (b). The commissioner's decision may not
3151	3151	be appealed under Section 7.057 or other law.
3152	3152	(e) A school district or open-enrollment charter school may
3153	3153	not challenge an agency decision relating to an academic or
3154	3154	financial accountability rating under this chapter in another
3155	3155	proceeding if the district or school has had an opportunity to
3156	3156	challenge the decision under this section.
3157	3157	Sec. 39.152 [39.302]. REVIEW BY STATE OFFICE OF
3158	3158	ADMINISTRATIVE HEARINGS: SANCTIONS. (a) A school district or
3159	3159	open-enrollment charter school that intends to challenge a decision
3160	3160	by the commissioner under this chapter to close the district or a
3161	3161	district campus or the charter school or to pursue alternative
3162	3162	management of a district campus or the charter school must appeal
3163	3163	the decision under the procedures provided for a contested case
3164	3164	under Chapter 2001, Government Code.
3165	3165	(b) A challenge to a decision under this section is under
3166	3166	the substantial evidence rule as provided by Subchapter G, Chapter
3167	3167	2001, Government Code.
3168	3168	(c) Notwithstanding other law:
3169	3169	(1) the State Office of Administrative Hearings shall
3170	3170	provide an expedited review of a challenge under this section;
3171	3171	(2) the administrative law judge shall issue a final
3172	3172	order not later than the 30th day after the date on which the
3173	3173	hearing is finally closed; and
3174	3174	(3) the decision of the administrative law judge is
3175	3175	final and may not be appealed.
3176	3176	SUBCHAPTER G. DISTINCTION DESIGNATIONS
3177	3177	Sec. 39.201. ELIGIBILITY INDICATOR FOR DISTINCTION
3178	3178	DESIGNATION. (a) A district or campus is eligible for a
3179	3179	distinction designation under this subchapter if:
3180	3180	(1) the district or campus attains a minimum
3181	3181	percentage, as determined by the commissioner, of:
3182	3182	(A) students who performed satisfactorily, as
3183	3183	determined under the college readiness performance standard under
3184	3184	Section 39.0241, on assessment instruments required under Section
3185	3185	39.023(a), (b), (c), or (l), aggregated across grade levels by
3186	3186	subject area; or
3187	3187	(B) students who met the standard for annual
3188	3188	improvement, as determined by the agency under Section 39.034, on
3189	3189	assessment instruments required under Section 39.023(a), (b), (c),
3190	3190	or (l), aggregated across grade levels by subject area, for
3191	3191	students who did not perform satisfactorily as described by
3192	3192	Paragraph (A); or
3193	3193	(2) the district or campus demonstrates a significant
3194	3194	increase as compared to the preceding school year, as determined by
3195	3195	the commissioner, in the percentage of students who performed
3196	3196	satisfactorily as described by Subdivision (1)(A) or who met the
3197	3197	standard for annual improvement as described by Subdivision (1)(B).
3198	3198	(b) The commissioner shall periodically raise the minimum
3199	3199	percentage for the eligibility for the distinction designation
3200	3200	described by Subsection (a)(1) as necessary to reach the goal of
3201	3201	achieving, by not later than the 2019-2020 school year, student
3202	3202	performance in this state, disaggregated by race, ethnicity, and
3203	3203	socioeconomic status, that ranks nationally in the top 10 states in
3204	3204	terms of college readiness.
3205	3205	(c) If college readiness performance standards are adopted
3206	3206	for science and social studies end-of-course assessment
3207	3207	instruments under Section 39.024(f), those performance standards
3208	3208	and assessment instruments apply in determining district or campus
3209	3209	eligibility under this section.
3210	3210	Sec. 39.202. ACADEMIC EXCELLENCE DISTINCTION DESIGNATION
3211	3211	FOR DISTRICTS AND CAMPUSES. (a) The commissioner shall award a
3212	3212	district or campus an academic excellence distinction designation
3213	3213	if the district or campus attains percentages of students under
3214	3214	Sections 39.201(a)(1) and (2) higher than the percentages
3215	3215	determined by the commissioner under Sections 39.201(a)(1) and (2).
3216	3216	(b) The commissioner by rule shall establish a recognized
3217	3217	and exemplary rating for the academic distinction designation under
3218	3218	this section. In establishing the recognized and exemplary
3219	3219	ratings, the commissioner shall adopt criteria for the ratings,
3220	3220	including the percentages of students under Sections 39.201(a)(1)
3221	3221	and (2). The commissioner may consider the level of increased
3222	3222	performance from school year to school year as a factor.
3223	3223	(c) The commissioner shall investigate types and amounts of
3224	3224	monetary and nonmonetary awards available to motivate districts and
3225	3225	campuses to increase the number of students who perform
3226	3226	satisfactorily, as determined under the college readiness
3227	3227	performance standard under Section 39.0241. Not later than
3228	3228	November 30, 2010, the commissioner shall provide a report based on
3229	3229	the investigation under this subsection to the governor, the
3230	3230	lieutenant governor, the speaker of the house, and the presiding
3231	3231	officers of the standing committees with primary jurisdiction over
3232	3232	public education and appropriations. The report must include
3233	3233	strategies for increasing student performance in this state to a
3234	3234	level that ranks in the top 10 states in terms of college readiness.
3235	3235	Sec. 39.203. CAMPUS DISTINCTION DESIGNATIONS. (a) The
3236	3236	commissioner shall award a campus a distinction designation if the
3237	3237	campus is ranked in the top 25 percent of campuses eligible under
3238	3238	Section 39.201 in annual improvement in student achievement, as
3239	3239	determined under Section 39.034, in English language arts,
3240	3240	mathematics, science, or social studies.
3241	3241	(b) In addition to the distinction designation described by
3242	3242	Subsection (a), the commissioner shall award a campus a distinction
3243	3243	designation if the campus demonstrates an ability to significantly
3244	3244	diminish or eliminate performance differentials between student
3245	3245	subpopulations and is ranked in the top 25 percent of campuses
3246	3246	eligible under Section 39.201 under the performance criteria
3247	3247	described by this subsection. The commissioner shall adopt rules
3248	3248	related to the distinction designation under this subsection to
3249	3249	ensure that a campus does not artificially diminish or eliminate
3250	3250	performance differentials through inhibiting the achievement of
3251	3251	the highest achieving student subpopulation.
3252	3252	(c) In addition to the distinction designations described
3253	3253	by Subsections (a) and (b), a campus that satisfies the criteria
3254	3254	developed under Section 39.204 shall be awarded a distinction
3255	3255	designation by the commissioner for the following programs or the
3256	3256	following specific categories of performance:
3257	3257	(1) academic achievement in English language arts,
3258	3258	mathematics, science, or social studies;
3259	3259	(2) fine arts;
3260	3260	(3) physical education;
3261	3261	(4) 21st Century Workforce Development program; and
3262	3262	(5) second language acquisition program.
3263	3263	(d) A campus may not be awarded a distinction designation
3264	3264	under this subchapter unless the campus is eligible under Section
3265	3265	39.201 and satisfies all performance standards under Section
3266	3266	39.054(d).
3267	3267	Sec. 39.204. CAMPUS DISTINCTION DESIGNATION CRITERIA;
3268	3268	COMMITTEES. (a) The commissioner by rule shall establish:
3269	3269	(1) standards for considering campuses for
3270	3270	distinction designations under Section 39.203(c); and
3271	3271	(2) methods for awarding distinction designations to
3272	3272	campuses.
3273	3273	(b) In adopting rules under this section, the commissioner
3274	3274	shall establish a separate committee to develop criteria for each
3275	3275	distinction designation under Section 39.203(c).
3276	3276	(c) Each committee established under this section must
3277	3277	include:
3278	3278	(1) individuals who practice as professionals in the
3279	3279	content area relevant to the distinction designation, as
3280	3280	applicable;
3281	3281	(2) individuals with subject matter expertise in the
3282	3282	content area relevant to the distinction designation;
3283	3283	(3) educators with subject matter expertise in the
3284	3284	content area relevant to the distinction designation; and
3285	3285	(4) community leaders, including leaders from the
3286	3286	business community.
3287	3287	(d) For each committee, the governor, lieutenant governor,
3288	3288	and speaker of the house of representatives may each appoint a
3289	3289	person described by each subdivision of Subsection (c).
3290	3290	(e) In developing criteria for distinction designations
3291	3291	under this section, each committee shall:
3292	3292	(1) identify a variety of indicators for measuring
3293	3293	excellence; and
3294	3294	(2) consider categories for distinction designations,
3295	3295	with criteria relevant to each category, based on:
3296	3296	(A) the level of a program, whether elementary
3297	3297	school, middle or junior high school, or high school; and
3298	3298	(B) the student enrollment of a campus.
3299	3299	SUBCHAPTER H [F]. ADDITIONAL REWARDS
3300	3300	Sec. 39.231 [39.111]. RECOGNITION AND REWARDS. The State
3301	3301	Board of Education shall develop a plan for recognizing and
3302	3302	rewarding school districts and campuses that are rated as exemplary
3303	3303	or recognized under Subchapter G and for developing a network for
3304	3304	sharing proven successful practices statewide and regionally. The
3305	3305	reward may be used to provide educators with summer stipends to
3306	3306	develop curricula based on the cited successful strategies. The
3307	3307	educators may copyright the curricula they develop.
3308	3308	Sec. 39.232 [39.112]. EXCELLENCE EXEMPTIONS. (a) Except
3309	3309	as provided by Subsection (b), a school campus or district that is
3310	3310	rated exemplary under Subchapter G is exempt from requirements and
3311	3311	prohibitions imposed under this code including rules adopted under
3312	3312	this code.
3313	3313	(b) A school campus or district is not exempt under this
3314	3314	section from:
3315	3315	(1) a prohibition on conduct that constitutes a
3316	3316	criminal offense;
3317	3317	(2) requirements imposed by federal law or rule,
3318	3318	including requirements for special education or bilingual
3319	3319	education programs; or
3320	3320	(3) a requirement, restriction, or prohibition
3321	3321	relating to:
3322	3322	(A) curriculum essential knowledge and skills
3323	3323	under Section 28.002 or high school [minimum] graduation
3324	3324	requirements under Section 28.025;
3325	3325	(B) public school accountability as provided by
3326	3326	Subchapters B, C, D, E, and J [G];
3327	3327	(C) extracurricular activities under Section
3328	3328	33.081;
3329	3329	(D) health and safety under Chapter 38;
3330	3330	(E) purchasing [competitive bidding] under
3331	3331	Subchapter B, Chapter 44;
3332	3332	(F) elementary school class size limits, except
3333	3333	as provided by Subsection (d) or Section 25.112;
3334	3334	(G) removal of a disruptive student from the
3335	3335	classroom under Subchapter A, Chapter 37;
3336	3336	(H) at risk programs under Subchapter C, Chapter
3337	3337	29;
3338	3338	(I) prekindergarten programs under Subchapter E,
3339	3339	Chapter 29;
3340	3340	(J) rights and benefits of school employees;
3341	3341	(K) special education programs under Subchapter
3342	3342	A, Chapter 29; or
3343	3343	(L) bilingual education programs under
3344	3344	Subchapter B, Chapter 29.
3345	3345	(c) The agency shall monitor and evaluate deregulation of a
3346	3346	school campus or district under this section and Section 7.056.
3347	3347	(d) The commissioner may exempt an exemplary school campus
3348	3348	under Subchapter G from elementary class size limits under this
3349	3349	section if the school campus submits to the commissioner a written
3350	3350	plan showing steps that will be taken to ensure that the exemption
3351	3351	from the class size limits will not be harmful to the academic
3352	3352	achievement of the students on the school campus. The commissioner
3353	3353	shall review achievement levels annually. The exemption remains in
3354	3354	effect until the commissioner determines that achievement levels of
3355	3355	the campus have declined.
3356	3356	Sec. 39.233 [39.113]. RECOGNITION OF HIGH SCHOOL
3357	3357	COMPLETION AND SUCCESS AND COLLEGE READINESS PROGRAMS. (a) The
3358	3358	agency shall:
3359	3359	(1) develop standards for evaluating the success and
3360	3360	cost-effectiveness of high school completion and success and
3361	3361	college readiness programs implemented under Section 39.234
3362	3362	[39.114];
3363	3363	(2) provide guidance for school districts and campuses
3364	3364	in establishing and improving high school completion and success
3365	3365	and college readiness programs implemented under Section 39.234
3366	3366	[39.114]; and
3367	3367	(3) develop standards for selecting and methods for
3368	3368	recognizing school districts and campuses that offer exceptional
3369	3369	high school completion and success and college readiness programs
3370	3370	under Section 39.234 [39.114].
3371	3371	(b) The commissioner may adopt rules for the administration
3372	3372	of this section.
3373	3373	Sec. 39.234 [39.114]. HIGH SCHOOL ALLOTMENT. (a) Except
3374	3374	as provided by Subsection (b), a school district or campus must use
3375	3375	funds allocated under Section 42.2516(b)(3) to:
3376	3376	(1) implement or administer a college readiness
3377	3377	program that provides academic support and instruction to prepare
3378	3378	underachieving students for entrance into an institution of higher
3379	3379	education;
3380	3380	(2) implement or administer a program that encourages
3381	3381	students to pursue advanced academic opportunities, including
3382	3382	early college high school programs and dual credit, advanced
3383	3383	placement, and international baccalaureate courses;
3384	3384	(3) implement or administer a program that provides
3385	3385	opportunities for students to take academically rigorous course
3386	3386	work, including four years of mathematics and four years of science
3387	3387	at the high school level;
3388	3388	(4) implement or administer a program, including
3389	3389	online course support and professional development, that aligns the
3390	3390	curriculum for grades six through 12 with postsecondary curriculum
3391	3391	and expectations; or
3392	3392	(5) implement or administer other high school
3393	3393	completion and success initiatives in grades six through 12
3394	3394	approved by the commissioner.
3395	3395	(b) A school district may use funds allocated under Section
3396	3396	42.2516(b)(3) on any instructional program in grades six through 12
3397	3397	other than an athletic program if:
3398	3398	(1) the district's measure of progress toward college
3399	3399	readiness is determined exceptional by a standard set [district is
3400	3400	recognized as exceptional] by the commissioner [under the academic
3401	3401	accountability indicator adopted under Section 39.051(b)(13)]; and
3402	3402	(2) the district's completion rates for grades nine
3403	3403	through 12 [meet or] exceed completion rate standards required by
3404	3404	the commissioner to achieve a status of accredited under Section
3405	3405	39.051 [rating of exemplary under Section 39.072].
3406	3406	(b-1) Subsection (b) applies beginning with the 2008-2009
3407	3407	school year. This subsection expires September 1, 2009.
3408	3408	(c) An open-enrollment charter school is entitled to an
3409	3409	allotment under this section in the same manner as a school
3410	3410	district.
3411	3411	(d) The commissioner shall adopt rules to administer this
3412	3412	section, including rules related to the permissible use of funds
3413	3413	allocated under this section to an open-enrollment charter school.
3414	3414	Sec. 39.235 [39.115]. HIGH SCHOOL INNOVATION GRANT
3415	3415	INITIATIVE. (a) From funds appropriated for that purpose, the
3416	3416	commissioner may establish a grant program under which grants are
3417	3417	awarded to secondary campuses and school districts to support:
3418	3418	(1) the implementation of innovative high school
3419	3419	improvement programs that are based on the best available research
3420	3420	regarding high school reform, dropout prevention, and preparing
3421	3421	students for postsecondary coursework or employment;
3422	3422	(2) enhancing education practices that have been
3423	3423	demonstrated by significant evidence of effectiveness; and
3424	3424	(3) the alignment of grants and programs to the
3425	3425	strategic plan adopted under Section 39.407 [39.357].
3426	3426	(b) Before awarding a grant under this section, the
3427	3427	commissioner may require a campus or school district to:
3428	3428	(1) obtain local matching funds; or
3429	3429	(2) meet other conditions, including developing a
3430	3430	personal graduation plan under Section 28.0212 for each student
3431	3431	enrolled at the campus or in a district high school.
3432	3432	(c) The commissioner may:
3433	3433	(1) accept gifts, grants, or donations from a private
3434	3434	foundation to implement a grant program under this section; and
3435	3435	(2) coordinate gifts, grants, or donations with other
3436	3436	available funding to implement a grant program under this section.
3437	3437	(d) The commissioner may use funds appropriated under this
3438	3438	section to support technical assistance services for school
3439	3439	districts and open-enrollment charter schools to implement a high
3440	3440	school improvement program under this section.
3441	3441	Sec. 39.236 [39.116]. INITIATIVE FOR RETAINING QUALITY
3442	3442	EDUCATORS. Notwithstanding Section 39.106(b) [39.1324(b)], a
3443	3443	school district, to assist in preventing dropouts and disruptions
3444	3444	that may result from certain mandatory sanctions, may retain at a
3445	3445	campus a principal who has been employed at the campus as a
3446	3446	principal during the [two-year] period described by Section
3447	3447	39.106(a) [39.1324(a)] if the students enrolled at the campus have
3448	3448	demonstrated a pattern of significant academic improvement.
3449	3449	SUBCHAPTER I [E]. SUCCESSFUL SCHOOL AWARDS
3450	3450	Sec. 39.261 [39.091]. CREATION OF SYSTEM. The Texas
3451	3451	Successful Schools Awards System is created to recognize and reward
3452	3452	those schools and school districts that demonstrate progress or
3453	3453	success in achieving the education goals of the state.
3454	3454	Sec. 39.262 [39.092]. TYPES OF AWARDS. (a) The governor
3455	3455	may present a financial award to the schools or districts that the
3456	3456	commissioner determines have demonstrated the highest levels of
3457	3457	sustained success or the greatest improvement in achieving the
3458	3458	education goals. For each student in average daily attendance,
3459	3459	each of those schools or districts is entitled to an amount set for
3460	3460	the award for which the school or district is selected by the
3461	3461	commissioner, subject to any limitation set by the commissioner on
3462	3462	the total amount that may be awarded to a school or district.
3463	3463	(b) The governor may present proclamations or certificates
3464	3464	to additional schools and districts determined to have met or
3465	3465	exceeded the education goals.
3466	3466	(c) The commissioner may establish additional categories of
3467	3467	awards and award amounts for a school or district determined to be
3468	3468	successful under Subsection (a) or (b) that are contingent on the
3469	3469	school's or district's involvement with paired, lower-performing
3470	3470	schools.
3471	3471	Sec. 39.263 [39.093]. AWARDS. (a) The criteria that the
3472	3472	commissioner shall use to select successful schools and districts
3473	3473	must be related to the goals in Section 4.002 and must include
3474	3474	consideration of performance on the student achievement [academic
3475	3475	excellence] indicators adopted under Section 39.053(c) and
3476	3476	consideration of the distinction designation criteria prescribed
3477	3477	by or developed under Subchapter G [39.051].
3478	3478	(b) For purposes of selecting schools and districts under
3479	3479	Section 39.262(a) [39.092(a)], each school's performance shall be
3480	3480	compared to state standards and to its previous performance.
3481	3481	(c) [(b)] The commissioner shall select annually schools
3482	3482	and districts qualified to receive successful school awards for
3483	3483	their performance and report the selections to the governor and the
3484	3484	State Board of Education.
3485	3485	(d) [(c)] The agency shall notify each school district of
3486	3486	the manner in which the district or a school in the district may
3487	3487	qualify for a successful school award.
3488	3488	Sec. 39.264 [39.094]. USE OF AWARDS. (a) In determining
3489	3489	the use of a monetary award received under this subchapter, a school
3490	3490	or district shall give priority to academic enhancement purposes.
3491	3491	The award may not be used for any purpose related to athletics, and
3492	3492	it may not be used to substitute for or replace funds already in the
3493	3493	regular budget for a school or district.
3494	3494	(b) The campus-level committee established under Section
3495	3495	11.253 shall determine the use of the funds awarded to a school
3496	3496	under this subchapter. The professional staff of the district
3497	3497	shall determine the use of the funds awarded to the school district
3498	3498	under this subchapter.
3499	3499	Sec. 39.265 [39.095]. FUNDING. The award system may be
3500	3500	funded by donations, grants, or legislative appropriations. The
3501	3501	commissioner may solicit and receive grants and donations for the
3502	3502	purpose of making awards under this subchapter. A small portion of
3503	3503	the award funds may be used by the commissioner to pay for the costs
3504	3504	associated with sponsoring a ceremony to recognize or present
3505	3505	awards to schools or districts under this subchapter. The
3506	3506	donations, grants, or legislative appropriations shall be
3507	3507	accounted for and distributed by the agency. The awards are subject
3508	3508	to audit requirements established by the State Board of Education.
3509	3509	Sec. 39.266 [39.096]. CONFIDENTIALITY. All information
3510	3510	and reports received by the commissioner under this subchapter from
3511	3511	schools or school districts deemed confidential under Chapter 552,
3512	3512	Government Code, are confidential and may not be disclosed in any
3513	3513	public or private proceeding.
3514	3514	SUBCHAPTER J. PARENT AND EDUCATOR REPORTS
3515	3515	Sec. 39.301. ADDITIONAL PERFORMANCE INDICATORS:
3516	3516	REPORTING. (a) In addition to the indicators adopted under
3517	3517	Section 39.053, the commissioner shall adopt indicators of the
3518	3518	quality of learning for the purpose of preparing reports under this
3519	3519	chapter. The commissioner biennially shall review the indicators
3520	3520	for the consideration of appropriate revisions.
3521	3521	(b) Performance on the indicators adopted under this
3522	3522	section shall be evaluated in the same manner provided for
3523	3523	evaluation of the student achievement indicators under Section
3524	3524	39.053(b).
3525	3525	(c) Indicators for reporting purposes must include:
3526	3526	(1) the percentage of graduating students who meet the
3527	3527	course requirements established for the recommended high school
3528	3528	program by State Board of Education rule;
3529	3529	(2) the results of the Scholastic Assessment Test
3530	3530	(SAT), the American College Test (ACT), articulated postsecondary
3531	3531	degree programs described by Section 61.852, and certified
3532	3532	workforce training programs described by Chapter 311, Labor Code;
3533	3533	(3) for students who have failed to perform
3534	3534	satisfactorily, under each performance standard under Section
3535	3535	39.0241, on an assessment instrument required under Section
3536	3536	39.023(a) or (c), the numerical progress of those students grouped
3537	3537	by percentage on subsequent assessment instruments required under
3538	3538	those sections, aggregated by grade level and subject area;
3539	3539	(4) the percentage of students, aggregated by grade
3540	3540	level, provided accelerated instruction under Section 28.0211(c),
3541	3541	the results of assessment instruments administered under that
3542	3542	section, the percentage of students promoted through the grade
3543	3543	placement committee process under Section 28.0211, the subject of
3544	3544	the assessment instrument on which each student failed to perform
3545	3545	satisfactorily under each performance standard under Section
3546	3546	39.0241, and the performance of those students in the school year
3547	3547	following that promotion on the assessment instruments required
3548	3548	under Section 39.023;
3549	3549	(5) the percentage of students exempted, by exemption
3550	3550	category, from the assessment program generally applicable under
3551	3551	this chapter;
3552	3552	(6) the percentage of students of limited English
3553	3553	proficiency exempted from the administration of an assessment
3554	3554	instrument under Sections 39.027(a)(3) and (4);
3555	3555	(7) the percentage of students in a special education
3556	3556	program under Subchapter A, Chapter 29, assessed through assessment
3557	3557	instruments developed or adopted under Section 39.023(b);
3558	3558	(8) the measure of progress toward college readiness;
3559	3559	(9) the measure of progress toward dual language
3560	3560	proficiency under Section 39.034(b), for students of limited
3561	3561	English proficiency, as defined by Section 29.052;
3562	3562	(10) the percentage of students who enroll and begin
3563	3563	instruction at an institution of higher education in the school
3564	3564	year following high school graduation; and
3565	3565	(11) the percentage of students who successfully
3566	3566	complete the first year of instruction at an institution of higher
3567	3567	education without needing a developmental education course.
3568	3568	(d) Performance on the indicators described by Section
3569	3569	39.053(c) and Subsections (c)(3), (4), and (9) must be based on
3570	3570	longitudinal student data that is disaggregated by the bilingual
3571	3571	education or special language program, if any, in which students of
3572	3572	limited English proficiency, as defined by Section 29.052, are or
3573	3573	former students of limited English proficiency were enrolled. If a
3574	3574	student described by this subsection is not or was not enrolled in
3575	3575	specialized language instruction, the number and percentage of
3576	3576	those students shall be provided.
3577	3577	(e) Section 39.055 applies in evaluating indicators
3578	3578	described by Subsection (c).
3579	3579	Sec. 39.302. REPORT TO DISTRICT: COMPARISONS FOR ANNUAL
3580	3580	PERFORMANCE ASSESSMENT. (a) The agency shall report to each
3581	3581	school district the comparisons of student performance made under
3582	3582	Section 39.034.
3583	3583	(b) To the extent practicable, the agency shall combine the
3584	3584	report of comparisons with the report of the student's performance
3585	3585	on assessment instruments under Section 39.023.
3586	3586	Sec. 39.303. REPORT TO PARENTS. (a) The school district a
3587	3587	student attends shall provide a record of the comparisons made
3588	3588	under Section 39.034 and provided to the district under Section
3589	3589	39.302 in a written notice to the student's parent or other person
3590	3590	standing in parental relationship.
3591	3591	(b) For a student who failed to perform satisfactorily as
3592	3592	determined by the commissioner under Section 39.0241(a) on an
3593	3593	assessment instrument administered under Section 39.023(a), (c),
3594	3594	or (l), the school district shall include in the notice specific
3595	3595	information relating to access to online educational resources at
3596	3596	the appropriate assessment instrument content level, including
3597	3597	educational resources described by Section 32.252(b)(2) and
3598	3598	assessment instruments questions and answers released under
3599	3599	Section 39.023(e).
3600	3600	Sec. 39.304. TEACHER REPORT CARD. Each school district
3601	3601	shall prepare a report of the comparisons made under Section 39.034
3602	3602	and provided to the district under Section 39.302 and provide the
3603	3603	report at the beginning of the school year to each teacher for
3604	3604	incoming students who were assessed on an assessment instrument
3605	3605	under Section 39.023.
3606	3606	Sec. 39.305 [39.052]. CAMPUS REPORT CARD. (a) Each school
3607	3607	year, the agency shall prepare and distribute to each school
3608	3608	district a report card for each campus. The campus report cards
3609	3609	must be based on the most current data available disaggregated by
3610	3610	student groups. Campus performance must be compared to previous
3611	3611	campus and district performance, current district performance, and
3612	3612	state established standards[, and comparable campus group
3613	3613	performance].
3614	3614	(b) The report card shall include the following
3615	3615	information:
3616	3616	(1) where applicable, the student achievement
3617	3617	indicators described by Section 39.053(c) and the reporting
3618	3618	indicators described by Sections 39.301(c)(1) through (4)
3619	3619	[academic excellence indicators adopted under Sections
3620	3620	39.051(b)(1) through (10)];
3621	3621	(2) average class size by grade level and subject;
3622	3622	(3) the administrative and instructional costs per
3623	3623	student, computed in a manner consistent with Section 44.0071; and
3624	3624	(4) the district's instructional expenditures ratio
3625	3625	and instructional employees ratio computed under Section 44.0071,
3626	3626	and the statewide average of those ratios, as determined by the
3627	3627	commissioner.
3628	3628	(c) The commissioner shall adopt rules requiring
3629	3629	dissemination of the information required under Subsection (b)(4)
3630	3630	and appropriate class size and student performance portions of
3631	3631	campus report cards annually to the parent, guardian, conservator,
3632	3632	or other person having lawful control of each student at the campus.
3633	3633	On written request, the school district shall provide a copy of a
3634	3634	campus report card to any other party.
3635	3635	Sec. 39.306 [39.053]. PERFORMANCE REPORT. (a) Each board
3636	3636	of trustees shall publish an annual report describing the
3637	3637	educational performance of the district and of each campus in the
3638	3638	district that includes uniform student performance and descriptive
3639	3639	information as determined under rules adopted by the commissioner.
3640	3640	The annual report must also include:
3641	3641	(1) campus performance objectives established under
3642	3642	Section 11.253 and the progress of each campus toward those
3643	3643	objectives, which shall be available to the public;
3644	3644	(2) information indicating the district's
3645	3645	accreditation status and identifying each district campus awarded a
3646	3646	distinction designation under Subchapter G or considered a
3647	3647	low-performing campus under Subchapter E [the performance rating
3648	3648	for the district as provided under Section 39.072(a) and the
3649	3649	performance rating of each campus in the district as provided under
3650	3650	Section 39.072(c)];
3651	3651	(3) the district's current special education
3652	3652	compliance status with the agency;
3653	3653	(4) a statement of the number, rate, and type of
3654	3654	violent or criminal incidents that occurred on each district
3655	3655	campus, to the extent permitted under the Family Educational Rights
3656	3656	and Privacy Act of 1974 (20 U.S.C. Section 1232g);
3657	3657	(5) information concerning school violence prevention
3658	3658	and violence intervention policies and procedures that the district
3659	3659	is using to protect students; [and]
3660	3660	(6) the findings that result from evaluations
3661	3661	conducted under the Safe and Drug-Free Schools and Communities Act
3662	3662	of 1994 (20 U.S.C. Section 7101 et seq.) [and its subsequent
3663	3663	amendments]; and
3664	3664	(7) information received under Section 51.403(e) for
3665	3665	each high school campus in the district, presented in a form
3666	3666	determined by the commissioner.
3667	3667	(b) Supplemental information to be included in the reports
3668	3668	shall be determined by the board of trustees. Performance
3669	3669	information in the annual reports on the indicators described by
3670	3670	Sections 39.053 and 39.301 [established under Section 39.051] and
3671	3671	descriptive information required by this section shall be provided
3672	3672	by the agency.
3673	3673	(c) The board of trustees shall hold a hearing for public
3674	3674	discussion of the report. The board of trustees shall give notice
3675	3675	of the hearing to property owners in the district and parents of and
3676	3676	other persons standing in parental relation to[, guardians,
3677	3677	conservators, and other persons having lawful control of] a
3678	3678	district student. The notification must include notice to a
3679	3679	newspaper of general circulation in the district and notice to
3680	3680	electronic media serving the district. After the hearing the
3681	3681	report shall be widely disseminated within the district in a manner
3682	3682	to be determined under rules adopted by the commissioner.
3683	3683	(d) The report must also include a comparison provided by
3684	3684	the agency of:
3685	3685	(1) the performance of each campus to its previous
3686	3686	performance and to state-established standards; and
3687	3687	(2) the performance of each district to its previous
3688	3688	performance and to state-established standards[; and
3689	3689	[(3) the performance of each campus or district to
3690	3690	comparable improvement].
3691	3691	(e) The report may include the following information:
3692	3692	(1) student information, including total enrollment,
3693	3693	enrollment by ethnicity, socioeconomic status, and grade groupings
3694	3694	and retention rates;
3695	3695	(2) financial information, including revenues and
3696	3696	expenditures;
3697	3697	(3) staff information, including number and type of
3698	3698	staff by sex [gender], ethnicity, years of experience, and highest
3699	3699	degree held, teacher and administrator salaries, and teacher
3700	3700	turnover;
3701	3701	(4) program information, including student enrollment
3702	3702	by program, teachers by program, and instructional operating
3703	3703	expenditures by program; and
3704	3704	(5) the number of students placed in a disciplinary
3705	3705	alternative education program under Chapter 37.
3706	3706	(f) The commissioner [State Board of Education] by rule
3707	3707	shall authorize the combination of this report with other reports
3708	3708	and financial statements and shall restrict the number and length
3709	3709	of reports that school districts, school district employees, and
3710	3710	school campuses are required to prepare.
3711	3711	(g) The report must include a statement of the amount, if
3712	3712	any, of the school district's unencumbered surplus fund balance as
3713	3713	of the last day of the preceding fiscal year and the percentage of
3714	3714	the preceding year's budget that the surplus represents.
3715	3715	Sec. 39.307 [39.054]. USES OF PERFORMANCE REPORT. The
3716	3716	information required to be reported under Section 39.306 [39.053]
3717	3717	shall be:
3718	3718	(1) the subject of public hearings or meetings
3719	3719	required under Sections 11.252, 11.253, and 39.306 [39.053];
3720	3720	(2) a primary consideration in school district and
3721	3721	campus planning; and
3722	3722	(3) a primary consideration of:
3723	3723	(A) the State Board of Education in the
3724	3724	evaluation of the performance of the commissioner;
3725	3725	(B) the commissioner in the evaluation of the
3726	3726	performance of the directors of the regional education service
3727	3727	centers;
3728	3728	(C) the board of trustees of a school district in
3729	3729	the evaluation of the performance of the superintendent of the
3730	3730	district; and
3731	3731	(D) the superintendent in the evaluation of the
3732	3732	performance of the district's campus principals.
3733	3733	Sec. 39.308 [39.055]. ANNUAL AUDIT OF DROPOUT RECORDS;
3734	3734	REPORT. (a) The commissioner shall develop a process for auditing
3735	3735	school district dropout records electronically. The commissioner
3736	3736	shall also develop a system and standards for review of the audit or
3737	3737	use systems already available at the agency. The system must be
3738	3738	designed to identify districts that are at high risk of having
3739	3739	inaccurate dropout records and that, as a result, require on-site
3740	3740	monitoring of dropout records.
3741	3741	(b) If the electronic audit of a school district's dropout
3742	3742	records indicates that a district is not at high risk of having
3743	3743	inaccurate dropout records, the district may not be subject to
3744	3744	on-site monitoring under this subsection.
3745	3745	(c) If the risk-based system indicates that a school
3746	3746	district is at high risk of having inaccurate dropout records, the
3747	3747	district is entitled to an opportunity to respond to the
3748	3748	commissioner's determination before on-site monitoring may be
3749	3749	conducted. The district must respond not later than the 30th day
3750	3750	after the date the commissioner notifies the district of the
3751	3751	commissioner's determination. If the district's response does not
3752	3752	change the commissioner's determination that the district is at
3753	3753	high risk of having inaccurate dropout records or if the district
3754	3754	does not respond in a timely manner, the commissioner shall order
3755	3755	agency staff to conduct on-site monitoring of the district's
3756	3756	dropout records.
3757	3757	(d) [(e)] The commissioner shall notify the board of
3758	3758	trustees of a school district of any objection the commissioner has
3759	3759	to the district's dropout data, any violation of sound accounting
3760	3760	practices or of a law or rule revealed by the data, or any
3761	3761	recommendation by the commissioner concerning the data. If the
3762	3762	data reflect that a penal law has been violated, the commissioner
3763	3763	shall notify the county attorney, district attorney, or criminal
3764	3764	district attorney, as appropriate, and the attorney general.
3765	3765	(e) The commissioner is entitled to access to all district
3766	3766	records the commissioner considers necessary or appropriate for the
3767	3767	review, analysis, or approval of district dropout data.
3768	3768	SUBCHAPTER K [H]. REPORTS BY TEXAS EDUCATION AGENCY
3769	3769	Sec. 39.331 [39.181]. GENERAL REQUIREMENTS. (a) Each
3770	3770	report required by this subchapter must:
3771	3771	(1) unless otherwise specified, contain summary
3772	3772	information and analysis only, with an indication that the agency
3773	3773	will provide the data underlying the report on request;
3774	3774	(2) specify a person at the agency who may be contacted
3775	3775	for additional information regarding the report and provide the
3776	3776	person's telephone number; and
3777	3777	(3) identify other sources of related information,
3778	3778	indicating the level of detail and format of information that may be
3779	3779	obtained, including the availability of any information on the
3780	3780	Texas Education Network.
3781	3781	(b) Each component of a report required by this subchapter
3782	3782	must:
3783	3783	(1) identify the substantive goal underlying the
3784	3784	information required to be reported;
3785	3785	(2) analyze the progress made and longitudinal trends
3786	3786	in achieving the underlying substantive goal;
3787	3787	(3) offer recommendations for improved progress in
3788	3788	achieving the underlying substantive goal; and
3789	3789	(4) identify the relationship of the information
3790	3790	required to be reported to state education goals.
3791	3791	(c) Unless otherwise provided, each report required by this
3792	3792	subchapter is due not later than December 1 of each even-numbered
3793	3793	year.
3794	3794	(d) Subsections (a) and (b) apply to any report required by
3795	3795	statute that the agency or the State Board of Education must prepare
3796	3796	and deliver to the governor, lieutenant governor, speaker of the
3797	3797	house of representatives, or legislature.
3798	3798	(e) Unless otherwise provided by law, any report required by
3799	3799	statute that the agency or the State Board of Education must prepare
3800	3800	and deliver to the governor, lieutenant governor, speaker of the
3801	3801	house of representatives, or legislature may be combined, at the
3802	3802	discretion of the commissioner, with a report required by this
3803	3803	subchapter.
3804	3804	Sec. 39.332 [39.182]. COMPREHENSIVE ANNUAL REPORT.
3805	3805	(a) Not later than December 1 of each year, the agency shall
3806	3806	prepare and deliver to the governor, the lieutenant governor, the
3807	3807	speaker of the house of representatives, each member of the
3808	3808	legislature, the Legislative Budget Board, and the clerks of the
3809	3809	standing committees of the senate and house of representatives with
3810	3810	primary jurisdiction over the public school system a comprehensive
3811	3811	report covering the preceding school year and containing the
3812	3812	information described by Subsection (b).[:]
3813	3813	(b)(1) The report must contain an evaluation of the
3814	3814	achievements of the state educational program in relation to the
3815	3815	statutory goals for the public education system under Section
3816	3816	4.002.[;]
3817	3817	(2) The report must contain an evaluation of the
3818	3818	status of education in the state as reflected by:
3819	3819	(A) the student achievement [academic
3820	3820	excellence] indicators described by [adopted under] Section 39.053
3821	3821	[39.051]; and
3822	3822	(B) the reporting indicators described by
3823	3823	Section 39.301.
3824	3824	(3) The report must contain a summary compilation of
3825	3825	overall student performance on academic skills assessment
3826	3826	instruments required by Section 39.023 with the number and
3827	3827	percentage of students exempted from the administration of those
3828	3828	instruments and the basis of the exemptions, aggregated by grade
3829	3829	level, subject area, campus, and district, with appropriate
3830	3830	interpretations and analysis, and disaggregated by race,
3831	3831	ethnicity, gender, and socioeconomic status.[;]
3832	3832	(4) The report must contain a summary compilation of
3833	3833	overall performance of students placed in a disciplinary
3834	3834	alternative education program established under Section 37.008 on
3835	3835	academic skills assessment instruments required by Section 39.023
3836	3836	with the number of those students exempted from the administration
3837	3837	of those instruments and the basis of the exemptions, aggregated by
3838	3838	district, grade level, and subject area, with appropriate
3839	3839	interpretations and analysis, and disaggregated by race,
3840	3840	ethnicity, gender, and socioeconomic status.[;]
3841	3841	(5) The report must contain a summary compilation of
3842	3842	overall performance of students at risk of dropping out of school,
3843	3843	as defined by Section 29.081(d), on academic skills assessment
3844	3844	instruments required by Section 39.023 with the number of those
3845	3845	students exempted from the administration of those instruments and
3846	3846	the basis of the exemptions, aggregated by district, grade level,
3847	3847	and subject area, with appropriate interpretations and analysis,
3848	3848	and disaggregated by race, ethnicity, gender, and socioeconomic
3849	3849	status.[;]
3850	3850	(6) The report must contain an evaluation of the
3851	3851	correlation between student grades and student performance on
3852	3852	academic skills assessment instruments required by Section
3853	3853	39.023.[;]
3854	3854	(7) The report must contain a statement of the dropout
3855	3855	rate of students in grade levels 7 through 12, expressed in the
3856	3856	aggregate and by grade level, and a statement of the completion
3857	3857	rates of students for grade levels 9 through 12.[;]
3858	3858	(8) The report must contain a statement of:
3859	3859	(A) the completion rate of students who enter
3860	3860	grade level 9 and graduate not more than four years later;
3861	3861	(B) the completion rate of students who enter
3862	3862	grade level 9 and graduate, including students who require more
3863	3863	than four years to graduate;
3864	3864	(C) the completion rate of students who enter
3865	3865	grade level 9 and not more than four years later receive a high
3866	3866	school equivalency certificate;
3867	3867	(D) the completion rate of students who enter
3868	3868	grade level 9 and receive a high school equivalency certificate,
3869	3869	including students who require more than four years to receive a
3870	3870	certificate; and
3871	3871	(E) the number and percentage of all students who
3872	3872	have not been accounted for under Paragraph (A), (B), (C), or
3873	3873	(D).[;]
3874	3874	(9) The report must contain a statement of the
3875	3875	projected cross-sectional and longitudinal dropout rates for grade
3876	3876	levels 9 through 12 for the next five years, assuming no state
3877	3877	action is taken to reduce the dropout rate.[;]
3878	3878	(10) The report must contain a description of a
3879	3879	systematic, measurable plan for reducing the projected
3880	3880	cross-sectional and longitudinal dropout rates to five percent or
3881	3881	less for the 1997-1998 school year.[;]
3882	3882	(11) The report must contain a summary of the
3883	3883	information required by Section 29.083 regarding grade level
3884	3884	retention of students and information concerning:
3885	3885	(A) the number and percentage of students
3886	3886	retained; and
3887	3887	(B) the performance of retained students on
3888	3888	assessment instruments required under Section 39.023(a).[;]
3889	3889	(12) The report must contain information, aggregated
3890	3890	by district type and disaggregated by race, ethnicity, gender, and
3891	3891	socioeconomic status, on:
3892	3892	(A) the number of students placed in a
3893	3893	disciplinary alternative education program established under
3894	3894	Section 37.008;
3895	3895	(B) the average length of a student's placement
3896	3896	in a disciplinary alternative education program established under
3897	3897	Section 37.008;
3898	3898	(C) the academic performance of students on
3899	3899	assessment instruments required under Section 39.023(a) during the
3900	3900	year preceding and during the year following placement in a
3901	3901	disciplinary alternative education program; and
3902	3902	(D) the dropout rates of students who have been
3903	3903	placed in a disciplinary alternative education program established
3904	3904	under Section 37.008.[;]
3905	3905	(13) The report must contain a list of each school
3906	3906	district or campus that does not satisfy performance standards,
3907	3907	with an explanation of the actions taken by the commissioner to
3908	3908	improve student performance in the district or campus and an
3909	3909	evaluation of the results of those actions.[;]
3910	3910	(14) The report must contain an evaluation of the
3911	3911	status of the curriculum taught in public schools, with
3912	3912	recommendations for legislative changes necessary to improve or
3913	3913	modify the curriculum required by Section 28.002.[;]
3914	3914	(15) The report must contain a description of all
3915	3915	funds received by and each activity and expenditure of the
3916	3916	agency.[;]
3917	3917	(16) The report must contain a summary and analysis of
3918	3918	the instructional expenditures ratios and instructional employees
3919	3919	ratios of school districts computed under Section 44.0071.[;]
3920	3920	(17) The report must contain a summary of the effect of
3921	3921	deregulation, including exemptions and waivers granted under
3922	3922	Section 7.056 or 39.232. [39.112;]
3923	3923	(18) The report must contain a statement of the total
3924	3924	number and length of reports that school districts and school
3925	3925	district employees must submit to the agency, identifying which
3926	3926	reports are required by federal statute or rule, state statute, or
3927	3927	agency rule, and a summary of the agency's efforts to reduce overall
3928	3928	reporting requirements.[;]
3929	3929	(19) The report must contain a list of each school
3930	3930	district that is not in compliance with state special education
3931	3931	requirements, including:
3932	3932	(A) the period for which the district has not
3933	3933	been in compliance;
3934	3934	(B) the manner in which the agency considered the
3935	3935	district's failure to comply in determining the district's
3936	3936	accreditation status; and
3937	3937	(C) an explanation of the actions taken by the
3938	3938	commissioner to ensure compliance and an evaluation of the results
3939	3939	of those actions.[;]
3940	3940	(20) The report must contain a comparison of the
3941	3941	performance of open-enrollment charter schools and school
3942	3942	districts on the student achievement [academic excellence]
3943	3943	indicators described by Section 39.053(c), the reporting
3944	3944	indicators described by Section 39.301(c), [specified in Section
3945	3945	39.051(b)] and the accountability measures adopted under Section
3946	3946	39.053(i) [39.051(g)], with a separately aggregated comparison of
3947	3947	the performance of open-enrollment charter schools predominantly
3948	3948	serving students at risk of dropping out of school, as described
3949	3949	[defined] by Section 29.081(d), with the performance of school
3950	3950	districts.[;]
3951	3951	(21) The report must contain a summary of the
3952	3952	information required by Section 38.0141 regarding student health
3953	3953	and physical activity from each school district.[;]
3954	3954	(22) The report must contain a summary compilation of
3955	3955	overall student performance under the assessment system developed
3956	3956	to evaluate the longitudinal academic progress as required by
3957	3957	Section 39.027(e), disaggregated by bilingual education or special
3958	3958	language program instructional model, if any.[; and]
3959	3959	(23) The report must contain any additional
3960	3960	information considered important by the commissioner or the State
3961	3961	Board of Education.
3962	3962	(c) [(b)] In reporting the information required by
3963	3963	Subsection (b)(3) or (4) [(a)(3) or (4)], the agency may separately
3964	3964	aggregate the performance data of students enrolled in a special
3965	3965	education program under Subchapter A, Chapter 29.
3966	3966	(d) [(b-1)] In reporting the information required by
3967	3967	Subsections (b)(3), (5), and (7) [(a)(3), (5), and (7)], the agency
3968	3968	shall separately aggregate the longitudinal performance data of all
3969	3969	students identified as students of limited English proficiency, as
3970	3970	defined by Section 29.052, or former students of limited English
3971	3971	proficiency, disaggregated by bilingual education or special
3972	3972	language program instructional model, if any, in which the students
3973	3973	are or were enrolled.
3974	3974	(e) [(c)] Each report must contain the most recent data
3975	3975	available.
3976	3976	Sec. 39.333 [39.183]. REGIONAL AND DISTRICT LEVEL REPORT.
3977	3977	The agency shall prepare and deliver to the governor, the
3978	3978	lieutenant governor, the speaker of the house of representatives,
3979	3979	each member of the legislature, the Legislative Budget Board, and
3980	3980	the clerks of the standing committees of the senate and house of
3981	3981	representatives with primary jurisdiction over the public school
3982	3982	system a regional and district level report covering the preceding
3983	3983	two school years and containing:
3984	3984	(1) a summary of school district compliance with the
3985	3985	student/teacher ratios and class-size limitations prescribed by
3986	3986	Sections 25.111 and 25.112, including:
3987	3987	(A) the number of campuses and classes at each
3988	3988	campus granted an exception from Section 25.112; and
3989	3989	(B) for [the performance rating under Subchapter
3990	3990	D of] each campus granted an exception from Section 25.112, a
3991	3991	statement of whether the campus has been awarded a distinction
3992	3992	designation under Subchapter G or has been identified as a
3993	3993	low-performing campus under Subchapter E;
3994	3994	(2) a summary of the exemptions and waivers granted to
3995	3995	campuses and school districts under Section 7.056 or 39.232
3996	3996	[39.112] and a review of the effectiveness of each campus or
3997	3997	district following deregulation;
3998	3998	(3) an evaluation of the performance of the system of
3999	3999	regional education service centers based on the indicators adopted
4000	4000	under Section 8.101 and client satisfaction with services provided
4001	4001	under Subchapter B, Chapter 8;
4002	4002	(4) an evaluation of accelerated instruction programs
4003	4003	offered under Section 28.006, including an assessment of the
4004	4004	quality of such programs and the performance of students enrolled
4005	4005	in such programs; and
4006	4006	(5) the number of classes at each campus that are
4007	4007	currently being taught by individuals who are not certified in the
4008	4008	content areas of their respective classes.
4009	4009	Sec. 39.334 [39.184]. TECHNOLOGY REPORT. The agency shall
4010	4010	prepare and deliver to the governor, the lieutenant governor, the
4011	4011	speaker of the house of representatives, each member of the
4012	4012	legislature, the Legislative Budget Board, and the clerks of the
4013	4013	standing committees of the senate and house of representatives with
4014	4014	primary jurisdiction over the public school system a technology
4015	4015	report covering the preceding two school years and containing
4016	4016	information on the status of the implementation of and revisions to
4017	4017	the long-range technology plan required by Section 32.001,
4018	4018	including the equity of the distribution and use of technology in
4019	4019	public schools.
4020	4020	Sec. 39.335 [39.185]. INTERIM REPORT. Not later than
4021	4021	December 1 of each odd-numbered year, the agency shall prepare and
4022	4022	deliver to the governor, the lieutenant governor, the speaker of
4023	4023	the house of representatives, each member of the legislature, the
4024	4024	Legislative Budget Board, and the clerks of the standing committees
4025	4025	of the senate and house of representatives with primary
4026	4026	jurisdiction over the public school system an interim report
4027	4027	containing, for the previous school year, the information required
4028	4028	by Section 39.333(2) [39.183(2)].
4029	4029	SUBCHAPTER L [J]. NOTICE OF PERFORMANCE
4030	4030	Sec. 39.361 [39.251]. NOTICE IN STUDENT GRADE REPORT. The
4031	4031	first written notice of a student's performance that a school
4032	4032	district gives during a school year as required by Section
4033	4033	28.022(a)(2) must include [the following information]:
4034	4034	(1) a statement of whether the campus at which the
4035	4035	student is enrolled has been awarded a distinction designation
4036	4036	under Subchapter G or has been identified as a low-performing
4037	4037	campus under Subchapter E [the most recent performance rating of
4038	4038	the campus at which the student is enrolled, as determined under
4039	4039	Section 39.072]; and
4040	4040	(2) an explanation of the significance of the
4041	4041	information provided under Subdivision (1) [a definition and
4042	4042	explanation of each performance rating described by Section
4043	4043	39.072(a)].
4044	4044	Sec. 39.362 [39.252]. NOTICE ON DISTRICT WEBSITE. Not
4045	4045	later than the 10th day after the first day of instruction of each
4046	4046	school year, a school district that maintains an Internet website
4047	4047	shall make the following information available to the public on the
4048	4048	website:
4049	4049	(1) the information contained in the most recent
4050	4050	campus report card for each campus in the district[, as determined]
4051	4051	under Section 39.305 [39.052];
4052	4052	(2) the information contained in the most recent
4053	4053	performance report for the district[, as determined] under Section
4054	4054	39.306 [39.053];
4055	4055	(3) the most recent accreditation status [performance
4056	4056	rating] of the district[, as determined] under Section 39.052
4057	4057	[39.072]; and
4058	4058	(4) a definition and explanation of each accreditation
4059	4059	status under [performance rating described by] Section 39.051,
4060	4060	based on commissioner rule adopted under that section [39.072(a)].
4061	4061	SUBCHAPTER M [L]. HIGH SCHOOL COMPLETION AND SUCCESS INITIATIVE
4062	4062	Sec. 39.401 [39.351]. DEFINITION. In this subchapter,
4063	4063	"council" means the High School Completion and Success Initiative
4064	4064	Council.
4065	4065	Sec. 39.402 [39.352]. HIGH SCHOOL COMPLETION AND SUCCESS
4066	4066	INITIATIVE COUNCIL. (a) The High School Completion and Success
4067	4067	Initiative Council is established to identify strategic priorities
4068	4068	for and make recommendations to improve the effectiveness,
4069	4069	coordination, and alignment of high school completion and college
4070	4070	and workforce readiness efforts.
4071	4071	(b) The council is composed of:
4072	4072	(1) the commissioner of education;
4073	4073	(2) the commissioner of higher education; and
4074	4074	(3) seven members appointed by the commissioner of
4075	4075	education.
4076	4076	(c) In making appointments required by Subsection (b)(3),
4077	4077	the commissioner of education shall appoint:
4078	4078	(1) three members from a list of nominations provided
4079	4079	by the governor;
4080	4080	(2) two members from a list of nominations provided by
4081	4081	the lieutenant governor; and
4082	4082	(3) two members from a list of nominations provided by
4083	4083	the speaker of the house of representatives.
4084	4084	(d) In making nominations under Subsection (c), the
4085	4085	governor, lieutenant governor, and speaker of the house of
4086	4086	representatives shall nominate persons who have distinguished
4087	4087	experience in:
4088	4088	(1) developing and implementing high school reform
4089	4089	strategies; and
4090	4090	(2) promoting college and workforce readiness.
4091	4091	Sec. 39.403 [39.353]. TERMS. Members of the council
4092	4092	appointed under Section 39.402(b)(3) [39.352(b)(3)] serve terms of
4093	4093	two years and may be reappointed for additional terms.
4094	4094	Sec. 39.404 [39.354]. PRESIDING OFFICER. The commissioner
4095	4095	of education serves as the presiding officer of the council.
4096	4096	Sec. 39.405 [39.355]. COMPENSATION AND REIMBURSEMENT. A
4097	4097	member of the council is not entitled to compensation for service on
4098	4098	the council but is entitled to reimbursement for actual and
4099	4099	necessary expenses incurred in performing council duties.
4100	4100	Sec. 39.406 [39.356]. COUNCIL STAFF AND FUNDING.
4101	4101	(a) Except as otherwise provided, staff members of the agency,
4102	4102	with the assistance of the Texas Higher Education Coordinating
4103	4103	Board, shall provide administrative support for the council.
4104	4104	(b) Funding for the administrative and operational expenses
4105	4105	of the council shall be provided by appropriation to the agency for
4106	4106	that purpose and by gifts, grants, and donations solicited and
4107	4107	accepted by the agency for that purpose.
4108	4108	Sec. 39.407 [39.357]. STRATEGIC PLAN. (a) The council
4109	4109	shall adopt a strategic plan under this subchapter to:
4110	4110	(1) specify strategies to identify, support, and
4111	4111	expand programs to improve high school completion rates and college
4112	4112	and workforce readiness;
4113	4113	(2) establish specific goals with which to measure the
4114	4114	success of the strategies identified under Subdivision (1) in
4115	4115	improving high school completion rates and college and workforce
4116	4116	readiness;
4117	4117	(3) identify strategies for alignment and
4118	4118	coordination of federal and other funding sources that may be
4119	4119	pursued for high school reform, dropout prevention, and preparation
4120	4120	of students for postsecondary coursework or employment; and
4121	4121	(4) identify key objectives for appropriate research
4122	4122	and program evaluation conducted as provided by this subchapter.
4123	4123	(b) The commissioner of education and the commissioner of
4124	4124	higher education shall adopt rules as necessary to administer the
4125	4125	strategic plan adopted by the council under this section.
4126	4126	(c) The commissioner of education or the commissioner of
4127	4127	higher education may not, in a manner inconsistent with the
4128	4128	strategic plan, spend money, award a grant, or enter into a contract
4129	4129	in connection with a program relating to high school success and
4130	4130	completion.
4131	4131	Sec. 39.408 [39.358]. ELIGIBILITY CRITERIA FOR CERTAIN
4132	4132	GRANT PROGRAMS. A school district or campus is eligible to
4133	4133	participate in programs under Sections 21.4541, 29.095, 29.096,
4134	4134	29.097, and 29.098 if the district or campus exhibited during each
4135	4135	of the three preceding school years characteristics that strongly
4136	4136	correlate with high dropout rates.
4137	4137	Sec. 39.409 [39.359]. PRIVATE FOUNDATION PARTNERSHIPS.
4138	4138	(a) The commissioner of education or the commissioner of higher
4139	4139	education, as appropriate, and the council may coordinate with
4140	4140	private foundations that have made a substantial investment in the
4141	4141	improvement of high schools in this state to maximize the impact of
4142	4142	public and private investments.
4143	4143	(b) A private foundation is not required to obtain the
4144	4144	approval of the appropriate commissioner or the council under
4145	4145	Subsection (a) before allocating resources to a school in this
4146	4146	state.
4147	4147	Sec. 39.410 [39.360]. GRANT PROGRAM EVALUATION. (a) The
4148	4148	commissioner of education shall annually set aside not more than
4149	4149	five percent of the funds appropriated for high school completion
4150	4150	and success to contract for the evaluation of programs supported by
4151	4151	grants approved under this subchapter. In awarding a contract
4152	4152	under this subsection, the commissioner shall consider centers for
4153	4153	education research established under Section 1.005.
4154	4154	(b) A person who receives a grant approved under this
4155	4155	subchapter must consent to an evaluation under this section as a
4156	4156	condition of receiving the grant.
4157	4157	(c) The commissioner shall ensure that an evaluation
4158	4158	conducted under this section includes an assessment of whether
4159	4159	student achievement has improved. Results of the evaluation shall
4160	4160	be provided through the online clearinghouse of information
4161	4161	relating to the best practices of campuses and school districts
4162	4162	established under Section 7.009.
4163	4163	Sec. 39.411 [39.361]. COUNCIL RECOMMENDATIONS. (a) Based
4164	4164	on the strategic plan adopted under this subchapter [section], the
4165	4165	council shall make recommendations to the commissioner of education
4166	4166	or the commissioner of higher education, as applicable, for the use
4167	4167	of federal and state funds appropriated or received for high school
4168	4168	reform, college readiness, and dropout prevention, including
4169	4169	grants awarded under Sections 21.4511, 21.4541, 29.095-29.098,
4170	4170	29.917, 29.919, and 39.235 [39.115].
4171	4171	(b) The council shall include recommendations under this
4172	4172	section for:
4173	4173	(1) key elements of program design;
4174	4174	(2) criteria for awarding grants and evaluating
4175	4175	programs;
4176	4176	(3) program funding priorities; and
4177	4177	(4) program evaluation as provided by this subchapter.
4178	4178	(c) The commissioner of education or the commissioner of
4179	4179	higher education, as applicable, shall consider the council's
4180	4180	recommendations and based on those recommendations may award grants
4181	4181	to school districts, open-enrollment charter schools, institutions
4182	4182	of higher education, regional education service centers, and
4183	4183	nonprofit organizations to meet the goals of the council's
4184	4184	strategic plan.
4185	4185	(d) The commissioner of education or the commissioner of
4186	4186	higher education, as applicable:
4187	4187	(1) is not required under this section to allocate
4188	4188	funds to a program or initiative recommended by the council; and
4189	4189	(2) may not initiate a program funded under this
4190	4190	section that does not conform to the recommended use of funds as
4191	4191	provided under Subsections (a) and (b).
4192	4192	Sec. 39.412 [39.362]. FUNDING PROVIDED TO SCHOOL
4193	4193	DISTRICTS. From funds appropriated, the commissioner of education
4194	4194	may provide funding to school districts to permit a school district
4195	4195	to obtain technical assistance in preparing a grant proposal for a
4196	4196	grant program administered under this subchapter.
4197	4197	Sec. 39.413 [39.363]. FUNDING FOR CERTAIN PROGRAMS.
4198	4198	(a) From funds appropriated, the Texas Higher Education
4199	4199	Coordinating Board shall allocate $8.75 million each year to
4200	4200	establish mathematics, science, and technology teacher preparation
4201	4201	academies under Section 21.462 and implement and administer the
4202	4202	program under Section 29.098.
4203	4203	(b) The Texas Higher Education Coordinating Board shall
4204	4204	establish mathematics, science, and technology teacher preparation
4205	4205	academies under Section 21.462 and implement and administer the
4206	4206	program under Section 29.098 in a manner consistent with the goals
4207	4207	of this subchapter and the goals in "Closing the Gaps," the state's
4208	4208	master plan for higher education.
4209	4209	Sec. 39.414 [39.364]. PRIVATE FUNDING. The commissioner of
4210	4210	education or the commissioner of higher education, as appropriate,
4211	4211	may accept gifts, grants, or donations to fund a grant administered
4212	4212	under this subchapter.
4213	4213	Sec. 39.415 [39.365]. REPORTS. (a) Not later than
4214	4214	December 1 of each even-numbered year, the agency shall prepare and
4215	4215	deliver a report to the legislature that recommends any statutory
4216	4216	changes the council considers appropriate to promote high school
4217	4217	completion and college and workforce readiness.
4218	4218	(b) Not later than March 1 and September 1 of each year, the
4219	4219	commissioner of education shall prepare and deliver a progress
4220	4220	report to the presiding officers of the standing committees of each
4221	4221	house of the legislature with primary jurisdiction over public
4222	4222	education, the Legislative Budget Board, and the Governor's Office
4223	4223	of Policy and Planning on:
4224	4224	(1) the implementation of Sections 7.031, 21.4511,
4225	4225	21.4541, 21.462, 28.008(d-1), 28.0212(d), 29.095-29.098, 29.911,
4226	4226	29.917-29.919, and 39.235 [39.115] and this subchapter;
4227	4227	(2) the programs supported by grants approved under
4228	4228	this subchapter; and
4229	4229	(3) the alignment of grants and programs to the
4230	4230	strategic plan adopted under Section 39.407 [39.357].
4231	4231	Sec. 39.416 [39.366]. RULES. The commissioner of education
4232	4232	and the commissioner of higher education shall adopt rules as
4233	4233	necessary to administer this subchapter and any programs under the
4234	4234	authority of the commissioner of education or the commissioner of
4235	4235	higher education and the council under this subchapter.
4236	4236	SECTION 57. Subsection (b), Section 42.002, Education Code,
4237	4237	is amended to read as follows:
4238	4238	(b) The Foundation School Program consists of:
4239	4239	(1) two tiers that in combination provide for:
4240	4240	(A) sufficient financing for all school
4241	4241	districts to provide a basic program of education that is rated
4242	4242	accredited [academically acceptable or higher] under Section
4243	4243	39.052 [39.072] and meets other applicable legal standards; and
4244	4244	(B) substantially equal access to funds to
4245	4245	provide an enriched program; and
4246	4246	(2) a facilities component as provided by Chapter 46.
4247	4247	SECTION 58. Section 51.3062, Education Code, is amended by
4248	4248	adding Subsections (i-1) and (q-1) to read as follows:
4249	4249	(i-1) The commissioner of higher education may by rule
4250	4250	require an institution of higher education to adopt uniform
4251	4251	standards for the placement of a student under this section.
4252	4252	(q-1) A student who has completed a recommended or advanced
4253	4253	high school program as determined under Section 28.025 and
4254	4254	demonstrated the performance standard for college readiness as
4255	4255	provided by Section 39.024 on the Algebra II and English III
4256	4256	end-of-course assessment instruments is exempt from the
4257	4257	requirements of this section with respect to those content areas.
4258	4258	The commissioner of higher education by rule shall establish the
4259	4259	period for which an exemption under this subsection is valid.
4260	4260	SECTION 59. Section 51.807, Education Code, as amended by
4261	4261	Chapters 941 (H.B. 3826) and 1369 (H.B. 3851), Acts of the 80th
4262	4262	Legislature, Regular Session, 2007, is reenacted to read as
4263	4263	follows:
4264	4264	Sec. 51.807. RULEMAKING. (a) The Texas Higher Education
4265	4265	Coordinating Board may adopt rules relating to the operation of
4266	4266	admissions programs under this subchapter, including rules
4267	4267	relating to the identification of eligible students.
4268	4268	(b) The Texas Higher Education Coordinating Board, after
4269	4269	consulting with the Texas Education Agency, by rule shall establish
4270	4270	standards for determining for purposes of this subchapter:
4271	4271	(1) whether a private high school is accredited by a
4272	4272	generally recognized accrediting organization; and
4273	4273	(2) whether a person completed a high school
4274	4274	curriculum that is equivalent in content and rigor to the
4275	4275	curriculum requirements established under Section 28.025 for the
4276	4276	recommended or advanced high school program.
4277	4277	SECTION 60. Chapter 61, Education Code, is amended by
4278	4278	adding Subchapter T-1 to read as follows:
4279	4279	SUBCHAPTER T-1. CAREER AND TECHNICAL EDUCATION
4280	4280	Sec. 61.861. DEVELOPMENT OF MATHEMATICS AND SCIENCE COURSES
4281	4281	FOR HIGH-DEMAND OCCUPATIONS. (a) The commissioner of higher
4282	4282	education and the commissioner of education, in consultation with
4283	4283	the comptroller and the Texas Workforce Commission, may award a
4284	4284	grant in an amount not to exceed $1 million to an institution of
4285	4285	higher education to develop advanced mathematics and science
4286	4286	courses to prepare high school students for employment in a
4287	4287	high-demand occupation. The commissioner of higher education, the
4288	4288	commissioner of education, the comptroller, and the Texas Workforce
4289	4289	Commission shall jointly determine what is considered a high-demand
4290	4290	occupation for purposes of this subchapter.
4291	4291	(b) An institution of higher education shall work in
4292	4292	partnership with at least one independent school district and a
4293	4293	business entity in developing a course for purposes of this
4294	4294	section.
4295	4295	(c) A course developed for purposes of this section must:
4296	4296	(1) provide content that enables a student to develop
4297	4297	the relevant and critical skills needed to be prepared for
4298	4298	employment or additional training in a high-demand occupation;
4299	4299	(2) incorporate college and career readiness skills as
4300	4300	part of the curriculum;
4301	4301	(3) be offered for dual credit; and
4302	4302	(4) satisfy a mathematics or science requirement under
4303	4303	the recommended or advanced high school program as determined under
4304	4304	Section 28.025.
4305	4305	(d) An institution of higher education shall periodically
4306	4306	review and revise the curriculum for a course developed for
4307	4307	purposes of this section to accommodate changes in industry
4308	4308	standards for the high-demand occupation.
4309	4309	Sec. 61.862. GRANT APPLICATION CRITERIA. The commissioner
4310	4310	of higher education and the commissioner of education, in
4311	4311	consultation with the comptroller and the Texas Workforce
4312	4312	Commission, shall establish application criteria for a grant under
4313	4313	this subchapter and in making an award shall give priority to
4314	4314	courses that:
4315	4315	(1) will prepare students for high-demand, high-wage,
4316	4316	and high-skill occupations and further postsecondary study;
4317	4317	(2) may be transferred as college credit to multiple
4318	4318	institutions of higher education; and
4319	4319	(3) are developed as part of a sequence of courses that
4320	4320	includes statewide availability of the instructional materials and
4321	4321	training for the courses at a nominal cost to public educational
4322	4322	institutions in this state.
4323	4323	Sec. 61.863. USE OF FUNDS. An institution of higher
4324	4324	education may use funds awarded under this section to develop, in
4325	4325	connection with a course described by Section 61.861:
4326	4326	(1) curriculum;
4327	4327	(2) assessments;
4328	4328	(3) instructional materials, including
4329	4329	technology-based supplemental materials; or
4330	4330	(4) professional development programs for secondary
4331	4331	grade-level teachers teaching a course described by Section 61.861.
4332	4332	Sec. 61.864. REVIEW OF COURSES. Courses developed for
4333	4333	which a grant is awarded under this subchapter shall be reviewed by
4334	4334	the commissioner of higher education and the commissioner of
4335	4335	education, in consultation with the comptroller and the Texas
4336	4336	Workforce Commission, once every four years to determine whether
4337	4337	the course:
4338	4338	(1) is being used by public educational institutions
4339	4339	in this state;
4340	4340	(2) prepares high school students with the skills
4341	4341	necessary for employment in the high-demand occupation and further
4342	4342	postsecondary study; and
4343	4343	(3) satisfies a mathematics or science requirement for
4344	4344	the recommended or advanced high school program as determined under
4345	4345	Section 28.025.
4346	4346	Sec. 61.865. MATCHING CONTRIBUTION REQUIRED. An
4347	4347	institution of higher education awarded a grant under this
4348	4348	subchapter must obtain from one or more business entities in the
4349	4349	industry for which students taking courses developed under Section
4350	4350	61.861 are training, in a total amount equal to the amount of the
4351	4351	state grant:
4352	4352	(1) gifts, grants, or donations of funds; or
4353	4353	(2) contributions of property that may be used in
4354	4354	providing the courses.
4355	4355	Sec. 61.866. LIMITATION ON TOTAL AMOUNT OF GRANTS. In any
4356	4356	state fiscal biennium, the total amount of grants awarded under
4357	4357	this subchapter may not exceed $10 million.
4358	4358	Sec. 61.867. FUNDING OF GRANTS. The commissioner of higher
4359	4359	education shall administer this section using available
4360	4360	appropriations and gifts, grants, and donations made for the
4361	4361	purposes of this subchapter.
4362	4362	SECTION 61. Subsection (c), Section 302.006, Labor Code, is
4363	4363	amended to read as follows:
4364	4364	(c) To be eligible to receive a scholarship awarded under
4365	4365	this section, a person must:
4366	4366	(1) be employed in a child-care facility, as defined
4367	4367	by Section 42.002, Human Resources Code;
4368	4368	(2) intend to obtain a credential, certificate, or
4369	4369	degree specified in Subsection (b);
4370	4370	(3) agree to work for at least 18 additional months in
4371	4371	a child-care facility, as defined by Section 42.002, Human
4372	4372	Resources Code, that accepts federal Child Care Development Fund
4373	4373	subsidies and that, at the time the person begins to fulfill the
4374	4374	work requirement imposed by this subdivision, is located:
4375	4375	(A) within the attendance zone of a public school
4376	4376	campus considered low-performing under Section 39.102 [39.132],
4377	4377	Education Code; or
4378	4378	(B) in an economically disadvantaged community,
4379	4379	as determined by the commission; and
4380	4380	(4) satisfy any other requirements adopted by the
4381	4381	commission.
4382	4382	SECTION 62. The following provisions of the Education Code
4383	4383	are repealed:
4384	4384	(1) Subsections (e), (f), and (g), Section 39.034; and
4385	4385	(2) Section 44.011.
4386	4386	SECTION 63. (a) Not later than December 1, 2010, the Texas
4387	4387	Education Agency shall prepare and deliver to the governor, the
4388	4388	lieutenant governor, the speaker of the house of representatives,
4389	4389	each member of the legislature, the clerks of the standing
4390	4390	committees of the senate and the house of representatives with
4391	4391	primary jurisdiction over public education, and the Legislative
4392	4392	Budget Board a transition plan containing the information described
4393	4393	by Subsections (b) and (c) of this section.
4394	4394	(b) The transition plan referred to in Subsection (a) of
4395	4395	this section must contain a detailed description of the process the
4396	4396	commissioner of education will use to develop and implement this
4397	4397	Act, including:
4398	4398	(1) the timeline;
4399	4399	(2) the means by which public school educators who are
4400	4400	representative of this state and other stakeholders, including
4401	4401	parents of public primary and secondary school students, and
4402	4402	business and community leaders, will be included in the process to
4403	4403	develop and implement this Act, in accordance with Subdivision
4404	4404	(11), Subsection (b), Section 7.055, Education Code;
4405	4405	(3) the resources required to implement this Act,
4406	4406	including resources that may be required by districts and campuses;
4407	4407	(4) the scope and sequence of tasks that must be
4408	4408	accomplished to implement this Act; and
4409	4409	(5) the use of the standard rulemaking process to
4410	4410	adopt any procedures necessary to implement this Act.
4411	4411	(c) Except as provided by this subsection, the transition
4412	4412	plan referred to in Subsection (a) of this section must provide for
4413	4413	the implementation during the 2011-2012 school year of changes made
4414	4414	by this Act to the accreditation and academic accountability
4415	4415	system. The assignment of accreditation statuses and any other
4416	4416	academic accountability designations under this Act must be
4417	4417	implemented beginning with the 2012-2013 school year.
4418	4418	(d) In conjunction with the transition plan prepared and
4419	4419	delivered under this section, the commissioner of education shall
4420	4420	provide for an equivalence of a performance rating, accreditation
4421	4421	status, distinction designation, or performance indicator, as
4422	4422	applicable, for each statutory performance rating or performance
4423	4423	indicator that is superseded by this Act.
4424	4424	SECTION 64. To the extent of any conflict, the reenactment
4425	4425	by this Act of Section 51.807, Education Code, prevails over
4426	4426	another Act of the 81st Legislature, Regular Session, 2009,
4427	4427	relating to nonsubstantive additions to and corrections in enacted
4428	4428	codes.
4429	4429	SECTION 65. (a) Except as provided by Subsections (b) and
4430	4430	(c) of this section, this Act applies beginning with the 2009-2010
4431	4431	school year.
4432	4432	(b) Subsection (c-3), Section 28.002, Education Code, as
4433	4433	added by this Act, applies beginning with the 2011-2012 school
4434	4434	year.
4435	4435	(c) Subchapter E, Chapter 39, Education Code, as amended by
4436	4436	this Act, applies as provided by the transition plan adopted by the
4437	4437	commissioner of education under Section 39.115, Education Code, as
4438	4438	added by this Act.
4439	4439	SECTION 66. Notwithstanding any other provision of this
4440	4440	Act, the commissioner of education may immediately apply any
4441	4441	provisions related to interventions and sanctions under Subchapter
4442	4442	E, Chapter 39, Education Code, as amended by this Act, to
4443	4443	interventions and sanctions under Subchapter G, Chapter 39,
4444	4444	Education Code, as that law existed prior to amendment by this Act.
4445	4445	SECTION 67. This Act does not make an appropriation. This
4446	4446	Act takes effect only if a specific appropriation for the
4447	4447	implementation of the Act is provided in a general appropriations
4448	4448	act of the 81st Legislature.
4449	4449	SECTION 68. Except as provided by Section 67 of this Act,
4450	4450	this Act takes effect immediately if it receives a vote of
4451	4451	two-thirds of all the members elected to each house, as provided by
4452	4452	Section 39, Article III, Texas Constitution. If this Act does not
4453	4453	receive the vote necessary for immediate effect, this Act takes
4454	4454	effect September 1, 2009, except as provided by Section 67 of this
4455	4455	Act.