| 1 | 1 | | 86R7706 MP-F |
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| 2 | 2 | | By: Johnson of Harris H.B. No. 3398 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to challenges by school districts and open-enrollment |
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| 8 | 8 | | charter schools to accountability determinations. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 39.151, Education Code, is amended by |
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| 11 | 11 | | amending Subsection (b) and adding Subsection (c-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (b) The rules under Subsection (a) must provide for the |
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| 14 | 14 | | commissioner to appoint a committee to make recommendations to the |
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| 15 | 15 | | commissioner on a challenge made to an agency decision relating to |
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| 16 | 16 | | an academic performance rating or determination or financial |
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| 17 | 17 | | accountability rating. The committee shall review the challenge |
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| 18 | 18 | | regardless of the issue identified in the challenge by the school |
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| 19 | 19 | | district or open-enrollment charter school. The commissioner may |
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| 20 | 20 | | not appoint an agency employee as a member of the committee. |
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| 21 | 21 | | (c-1) The commissioner may not limit a challenge relating to |
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| 22 | 22 | | a data or calculation error or inaccuracy attributable to the |
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| 23 | 23 | | school district or open-enrollment charter school, even if the |
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| 24 | 24 | | challenge demonstrates the data or calculation error or inaccuracy |
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| 25 | 25 | | caused the district or school to have a lower academic or financial |
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| 26 | 26 | | accountability rating. If a challenge demonstrates that the data |
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| 27 | 27 | | or calculation error or inaccuracy caused the district or school to |
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| 28 | 28 | | have a lower academic or financial accountability rating, the |
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| 29 | 29 | | commissioner shall assign the district or school the corrected |
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| 30 | 30 | | rating or shall indicate that the district or school will not be |
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| 31 | 31 | | rated for that school year. The commissioner may not revoke the |
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| 32 | 32 | | charter of an open-enrollment charter school as provided by Section |
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| 33 | 33 | | 12.115(c) or allow the charter to expire as provided by Section |
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| 34 | 34 | | 12.1141(d) if for one of the school years considered for the |
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| 35 | 35 | | commissioner's decision the school is not rated as provided by this |
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| 36 | 36 | | subsection. |
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| 37 | 37 | | SECTION 2. This Act applies beginning with the 2019-2020 |
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| 38 | 38 | | school year. |
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| 39 | 39 | | SECTION 3. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2019. |
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