Texas 2013 - 83rd Regular

Texas House Bill HB210 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	83R1878 PAM-D
2	2	By: Marquez, Moody, N. Gonzalez of El Paso H.B. No. 210
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of the commissioner of education to issue
8	8	subpoenas and conduct accreditation investigations.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 39.0302(a), Education Code, is amended
11	11	to read as follows:
12	12	(a) During an agency investigation or audit of a school
13	13	district under Section 39.0301(e) or (f), an accreditation
14	14	investigation under Section 39.057(a)(8) or (13) [39.075(a)(8)],
15	15	or an investigation by the State Board for Educator Certification
16	16	of an educator for an alleged violation of an assessment instrument
17	17	security procedure established under Section 39.0301(a), the
18	18	commissioner may issue a subpoena to compel the attendance of a
19	19	relevant witness or the production, for inspection or copying, of
20	20	relevant evidence that is located in this state.
21	21	SECTION 2. Section 39.057(a), Education Code, is amended to
22	22	read as follows:
23	23	(a) The commissioner shall authorize special accreditation
24	24	investigations to be conducted:
25	25	(1) when excessive numbers of absences of students
26	26	eligible to be tested on state assessment instruments are
27	27	determined;
28	28	(2) when excessive numbers of allowable exemptions
29	29	from the required state assessment instruments are determined;
30	30	(3) in response to complaints submitted to the agency
31	31	with respect to alleged violations of civil rights or other
32	32	requirements imposed on the state by federal law or court order;
33	33	(4) in response to established compliance reviews of
34	34	the district's financial accounting practices and state and federal
35	35	program requirements;
36	36	(5) when extraordinary numbers of student placements
37	37	in disciplinary alternative education programs, other than
38	38	placements under Sections 37.006 and 37.007, are determined;
39	39	(6) in response to an allegation involving a conflict
40	40	between members of the board of trustees or between the board and
41	41	the district administration if it appears that the conflict
42	42	involves a violation of a role or duty of the board members or the
43	43	administration clearly defined by this code;
44	44	(7) when excessive numbers of students in special
45	45	education programs under Subchapter A, Chapter 29, are assessed
46	46	through assessment instruments developed or adopted under Section
47	47	39.023(b);
48	48	(8) in response to an allegation regarding or an
49	49	analysis using a statistical method result indicating a possible
50	50	violation of an assessment instrument security procedure
51	51	established under Section 39.0301, including for the purpose of
52	52	investigating or auditing a school district under that section;
53	53	(9) when a significant pattern of decreased academic
54	54	performance has developed as a result of the promotion in the
55	55	preceding two school years of students who did not perform
56	56	satisfactorily as determined by the commissioner under Section
57	57	39.0241(a) on assessment instruments administered under Section
58	58	39.023(a), (c), or (l);
59	59	(10) when excessive numbers of students graduate under
60	60	the minimum high school program;
61	61	(11) when excessive numbers of students eligible to
62	62	enroll fail to complete an Algebra II course or any other course
63	63	determined by the commissioner as distinguishing between students
64	64	participating in the recommended high school program from students
65	65	participating in the minimum high school program;
66	66	(12) when resource allocation practices as evaluated
67	67	under Section 39.0821 indicate a potential for significant
68	68	improvement in resource allocation; [or]
69	69	(13) in response to a complaint submitted to the
70	70	agency with respect to alleged inaccurate data that is reported
71	71	through the Public Education Information Management System (PEIMS)
72	72	or through other reports required by state or federal law or rule or
73	73	court order and that is used by the agency to make a determination
74	74	relating to public school accountability, including accreditation,
75	75	under this chapter; or
76	76	(14) as the commissioner otherwise determines
77	77	necessary.
78	78	SECTION 3. This Act takes effect immediately if it receives
79	79	a vote of two-thirds of all the members elected to each house, as
80	80	provided by Section 39, Article III, Texas Constitution. If this
81	81	Act does not receive the vote necessary for immediate effect, this
82	82	Act takes effect September 1, 2013.