86R7706 MP-F
By: Johnson of Harris H.B. No. 3398
A BILL TO BE ENTITLED
AN ACT
relating to challenges by school districts and open-enrollment
charter schools to accountability determinations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.151, Education Code, is amended by
amending Subsection (b) and adding Subsection (c-1) to read as
follows:
(b) The rules under Subsection (a) must provide for the
commissioner to appoint a committee to make recommendations to the
commissioner on a challenge made to an agency decision relating to
an academic performance rating or determination or financial
accountability rating. The committee shall review the challenge
regardless of the issue identified in the challenge by the school
district or open-enrollment charter school. The commissioner may
not appoint an agency employee as a member of the committee.
(c-1) The commissioner may not limit a challenge relating to
a data or calculation error or inaccuracy attributable to the
school district or open-enrollment charter school, even if the
challenge demonstrates the data or calculation error or inaccuracy
caused the district or school to have a lower academic or financial
accountability rating. If a challenge demonstrates that the data
or calculation error or inaccuracy caused the district or school to
have a lower academic or financial accountability rating, the
commissioner shall assign the district or school the corrected
rating or shall indicate that the district or school will not be
rated for that school year. The commissioner may not revoke the
charter of an open-enrollment charter school as provided by Section
12.115(c) or allow the charter to expire as provided by Section
12.1141(d) if for one of the school years considered for the
commissioner's decision the school is not rated as provided by this
subsection.
SECTION 2. This Act applies beginning with the 2019-2020
school year.
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, 2019.