83R1878 PAM-D
By: Marquez H.B. No. 210
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the commissioner of education to issue
subpoenas and conduct accreditation investigations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.0302(a), Education Code, is amended
to read as follows:
(a) During an agency investigation or audit of a school
district under Section 39.0301(e) or (f), an accreditation
investigation under Section 39.057(a)(8) or (13) [39.075(a)(8)],
or an investigation by the State Board for Educator Certification
of an educator for an alleged violation of an assessment instrument
security procedure established under Section 39.0301(a), the
commissioner may issue a subpoena to compel the attendance of a
relevant witness or the production, for inspection or copying, of
relevant evidence that is located in this state.
SECTION 2. Section 39.057(a), Education Code, is amended to
read as follows:
(a) The commissioner shall authorize special accreditation
investigations to be conducted:
(1) when excessive numbers of absences of students
eligible to be tested on state assessment instruments are
determined;
(2) when excessive numbers of allowable exemptions
from the required state assessment instruments are determined;
(3) in response to complaints submitted to the agency
with respect to alleged violations of civil rights or other
requirements imposed on the state by federal law or court order;
(4) in response to established compliance reviews of
the district's financial accounting practices and state and federal
program requirements;
(5) when extraordinary numbers of student placements
in disciplinary alternative education programs, other than
placements under Sections 37.006 and 37.007, are determined;
(6) in response to an allegation involving a conflict
between members of the board of trustees or between the board and
the district administration if it appears that the conflict
involves a violation of a role or duty of the board members or the
administration clearly defined by this code;
(7) when excessive numbers of students in special
education programs under Subchapter A, Chapter 29, are assessed
through assessment instruments developed or adopted under Section
39.023(b);
(8) in response to an allegation regarding or an
analysis using a statistical method result indicating a possible
violation of an assessment instrument security procedure
established under Section 39.0301, including for the purpose of
investigating or auditing a school district under that section;
(9) when a significant pattern of decreased academic
performance has developed as a result of the promotion in the
preceding two school years of students who did not perform
satisfactorily as determined by the commissioner under Section
39.0241(a) on assessment instruments administered under Section
39.023(a), (c), or (l);
(10) when excessive numbers of students graduate under
the minimum high school program;
(11) when excessive numbers of students eligible to
enroll fail to complete an Algebra II course or any other course
determined by the commissioner as distinguishing between students
participating in the recommended high school program from students
participating in the minimum high school program;
(12) when resource allocation practices as evaluated
under Section 39.0821 indicate a potential for significant
improvement in resource allocation; [or]
(13) in response to a complaint submitted to the
agency with respect to alleged inaccurate data that is reported
through the Public Education Information Management System (PEIMS)
or through other reports required by state or federal law or rule or
court order and that is used by the agency to make a determination
relating to public school accountability, including accreditation,
under this chapter; or
(14) as the commissioner otherwise determines
necessary.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.