1 | 1 | | 86R9582 SRS-D |
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2 | 2 | | By: Taylor S.B. No. 2265 |
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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 the assignment of performance ratings to school |
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8 | 8 | | districts and school district campuses. |
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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. Sections 8.051(b) and (d), Education Code, are |
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11 | 11 | | amended to read as follows: |
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12 | 12 | | (b) Each regional education service center shall annually |
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13 | 13 | | develop and submit to the commissioner for approval a plan for |
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14 | 14 | | improvement. Each plan must include the purposes and description of |
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15 | 15 | | the services the center will provide to: |
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16 | 16 | | (1) campuses assigned a [an unacceptable] performance |
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17 | 17 | | rating of F under Section 39.054; |
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18 | 18 | | (2) the lowest-performing campuses in the region; and |
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19 | 19 | | (3) other campuses. |
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20 | 20 | | (d) Each regional education service center shall maintain |
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21 | 21 | | core services for purchase by school districts and campuses. The |
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22 | 22 | | core services are: |
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23 | 23 | | (1) training and assistance in: |
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24 | 24 | | (A) teaching each subject area assessed under |
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25 | 25 | | Section 39.023; and |
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26 | 26 | | (B) providing instruction in personal financial |
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27 | 27 | | literacy as required under Section 28.0021; |
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28 | 28 | | (2) training and assistance in providing each program |
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29 | 29 | | that qualifies for a funding allotment under Section 42.151, |
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30 | 30 | | 42.152, 42.153, or 42.156; |
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31 | 31 | | (3) assistance specifically designed for a school |
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32 | 32 | | district or campus assigned a [an unacceptable] performance rating |
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33 | 33 | | of F under Section 39.054; |
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34 | 34 | | (4) training and assistance to teachers, |
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35 | 35 | | administrators, members of district boards of trustees, and members |
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36 | 36 | | of site-based decision-making committees; |
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37 | 37 | | (5) assistance specifically designed for a school |
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38 | 38 | | district that is considered out of compliance with state or federal |
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39 | 39 | | special education requirements, based on the agency's most recent |
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40 | 40 | | compliance review of the district's special education programs; and |
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41 | 41 | | (6) assistance in complying with state laws and rules. |
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42 | 42 | | SECTION 2. Sections 11.174(b) and (f), Education Code, are |
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43 | 43 | | amended to read as follows: |
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44 | 44 | | (b) The board of trustees of a school district may enter |
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45 | 45 | | into a contract as provided by Subsection (a) only if: |
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46 | 46 | | (1) the charter of the open-enrollment charter school |
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47 | 47 | | has not been previously revoked; |
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48 | 48 | | (2) for the three school years preceding the school |
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49 | 49 | | year of the proposed operation of the district campus as described |
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50 | 50 | | by Subsection (a), the open-enrollment charter school has received: |
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51 | 51 | | (A) an overall performance rating of C |
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52 | 52 | | [acceptable] or higher under Subchapter C, Chapter 39; and |
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53 | 53 | | (B) a financial accountability rating under |
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54 | 54 | | Subchapter D, Chapter 39, indicating financial performance of |
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55 | 55 | | satisfactory or higher; or |
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56 | 56 | | (3) the entity considered for a district-authorized |
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57 | 57 | | charter has not previously operated an open-enrollment charter |
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58 | 58 | | school in which the charter expired or was revoked or surrendered. |
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59 | 59 | | (f) This subsection applies only to a district campus |
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60 | 60 | | subject to a contract described by Subsection (a) that received an |
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61 | 61 | | overall performance rating of F [unacceptable] under Subchapter C, |
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62 | 62 | | Chapter 39, for the school year before operation of the district |
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63 | 63 | | campus under the contract began. The commissioner may not impose a |
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64 | 64 | | sanction or take action against the campus under Section 39A.101 or |
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65 | 65 | | 39A.111 [39.107(a) or (e)] for failure to satisfy academic |
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66 | 66 | | performance standards during the first two school years of |
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67 | 67 | | operation of a district campus under Subsection (a). The overall |
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68 | 68 | | performance rating received by the campus during those first two |
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69 | 69 | | school years is not included in calculating consecutive school |
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70 | 70 | | years and is not considered a break in consecutive school years |
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71 | 71 | | under Section 39A.101 or 39A.111 [39.107(a) or (e)]. |
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72 | 72 | | SECTION 3. Section 12.1054(a), Education Code, is amended |
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73 | 73 | | to read as follows: |
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74 | 74 | | (a) A member of the governing body of a charter holder, a |
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75 | 75 | | member of the governing body of an open-enrollment charter school, |
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76 | 76 | | or an officer of an open-enrollment charter school is considered to |
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77 | 77 | | be a local public official for purposes of Chapter 171, Local |
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78 | 78 | | Government Code. For purposes of that chapter: |
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79 | 79 | | (1) a member of the governing body of a charter holder |
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80 | 80 | | or a member of the governing body or officer of an open-enrollment |
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81 | 81 | | charter school is considered to have a substantial interest in a |
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82 | 82 | | business entity if a person related to the member or officer in the |
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83 | 83 | | third degree by consanguinity or affinity, as determined under |
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84 | 84 | | Chapter 573, Government Code, has a substantial interest in the |
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85 | 85 | | business entity under Section 171.002, Local Government Code; and |
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86 | 86 | | (2) notwithstanding any provision of Subdivision (1) |
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87 | 87 | | [Section 12.1054(1)], an employee of an open-enrollment charter |
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88 | 88 | | school that was assigned a performance rating of C [rated |
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89 | 89 | | acceptable] or higher under Section 39.054 for at least two of the |
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90 | 90 | | preceding three school years may serve as a member of the governing |
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91 | 91 | | body of the charter holder of the governing body of the school if |
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92 | 92 | | the employees do not constitute a quorum of the governing body or |
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93 | 93 | | any committee of the governing body; however, all members shall |
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94 | 94 | | comply with the requirements of Sections 171.003-171.007, Local |
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95 | 95 | | Government Code. |
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96 | 96 | | SECTION 4. Section 12.106(e), Education Code, is amended to |
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97 | 97 | | read as follows: |
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98 | 98 | | (e) A charter holder is entitled to receive funding under |
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99 | 99 | | Subsection (d) only if the most recent overall performance rating |
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100 | 100 | | assigned to the open-enrollment charter school under Subchapter C, |
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101 | 101 | | Chapter 39, was a C or higher [reflects at least acceptable |
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102 | 102 | | performance]. This subsection does not apply to a charter holder |
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103 | 103 | | that operates a school program located at a day treatment facility, |
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104 | 104 | | residential treatment facility, psychiatric hospital, or medical |
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105 | 105 | | hospital. |
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106 | 106 | | SECTION 5. Section 12.110(e), Education Code, is amended to |
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107 | 107 | | read as follows: |
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108 | 108 | | (e) The commissioner shall give priority to applications |
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109 | 109 | | that propose an open-enrollment charter school campus to be located |
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110 | 110 | | in the attendance zone of a school district campus assigned a [an |
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111 | 111 | | unacceptable] performance rating of F under Section 39.054 for the |
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112 | 112 | | two preceding school years. |
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113 | 113 | | SECTION 6. Section 12.115(c), Education Code, is amended to |
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114 | 114 | | read as follows: |
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115 | 115 | | (c) The commissioner shall revoke the charter of an |
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116 | 116 | | open-enrollment charter school if: |
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117 | 117 | | (1) the charter holder has been assigned a [an |
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118 | 118 | | unacceptable] performance rating of F under Subchapter C, Chapter |
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119 | 119 | | 39, for the three preceding school years; |
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120 | 120 | | (2) the charter holder has been assigned a financial |
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121 | 121 | | accountability performance rating under Subchapter D, Chapter 39, |
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122 | 122 | | indicating financial performance lower than satisfactory for the |
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123 | 123 | | three preceding school years; or |
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124 | 124 | | (3) the charter holder has been assigned any |
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125 | 125 | | combination of the ratings described by Subdivision (1) or (2) for |
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126 | 126 | | the three preceding school years. |
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127 | 127 | | SECTION 7. Section 12A.001(b), Education Code, is amended |
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128 | 128 | | to read as follows: |
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129 | 129 | | (b) A school district is eligible for designation as a |
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130 | 130 | | district of innovation only if the district's most recent |
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131 | 131 | | performance rating under Section 39.054 was a C or higher [reflects |
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132 | 132 | | at least acceptable performance]. |
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133 | 133 | | SECTION 8. Sections 12A.008(a) and (c), Education Code, are |
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134 | 134 | | amended to read as follows: |
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135 | 135 | | (a) The commissioner may terminate a district's designation |
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136 | 136 | | as a district of innovation if the district receives for two |
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137 | 137 | | consecutive school years: |
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138 | 138 | | (1) an [unacceptable] academic performance rating of F |
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139 | 139 | | under Section 39.054; |
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140 | 140 | | (2) an unacceptable financial accountability rating |
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141 | 141 | | under Section 39.082; or |
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142 | 142 | | (3) an [unacceptable] academic performance rating of F |
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143 | 143 | | under Section 39.054 for one of the school years and an unacceptable |
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144 | 144 | | financial accountability rating under Section 39.082 for the other |
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145 | 145 | | school year. |
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146 | 146 | | (c) The commissioner shall terminate a district's |
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147 | 147 | | designation as a district of innovation if the district receives |
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148 | 148 | | for three consecutive school years: |
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149 | 149 | | (1) an [unacceptable] academic performance rating of F |
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150 | 150 | | under Section 39.054; |
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151 | 151 | | (2) an unacceptable financial accountability rating |
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152 | 152 | | under Section 39.082; or |
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153 | 153 | | (3) any combination of one or more [unacceptable] |
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154 | 154 | | ratings of F under Subdivision (1) and one or more unacceptable |
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155 | 155 | | ratings under Subdivision (2). |
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156 | 156 | | SECTION 9. The heading to Section 13.054, Education Code, |
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157 | 157 | | is amended to read as follows: |
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158 | 158 | | Sec. 13.054. [ACADEMICALLY UNACCEPTABLE] SCHOOL DISTRICTS |
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159 | 159 | | ASSIGNED ACADEMIC PERFORMANCE RATING OF F. |
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160 | 160 | | SECTION 10. Sections 13.054(a), (b), and (d), Education |
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161 | 161 | | Code, are amended to read as follows: |
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162 | 162 | | (a) The commissioner by order may annex to one or more |
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163 | 163 | | adjoining districts a school district that has been assigned an |
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164 | 164 | | academic performance rating of F [rated as academically |
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165 | 165 | | unacceptable] for a period of two years. |
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166 | 166 | | (b) The governing board of a district to which territory of |
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167 | 167 | | a [an academically unacceptable] district assigned an academic |
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168 | 168 | | performance rating of F is annexed is the governing board for the |
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169 | 169 | | new district. |
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170 | 170 | | (d) Title to the real property of the [academically |
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171 | 171 | | unacceptable] district assigned an academic performance rating of F |
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172 | 172 | | vests in the district to which the property is annexed. Each |
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173 | 173 | | district to which territory is annexed assumes and is liable for any |
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174 | 174 | | portion of the [academically unacceptable district's] indebtedness |
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175 | 175 | | of the district assigned an academic performance rating of F that is |
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176 | 176 | | allocated to the receiving district under Section 13.004. |
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177 | 177 | | SECTION 11. Section 21.453(b), Education Code, is amended |
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178 | 178 | | to read as follows: |
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179 | 179 | | (b) The commissioner may allocate funds from the account to |
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180 | 180 | | regional education service centers to provide staff development |
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181 | 181 | | resources to school districts that: |
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182 | 182 | | (1) are assigned an academic performance rating of F |
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183 | 183 | | [rated academically unacceptable]; |
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184 | 184 | | (2) have one or more campuses assigned an academic |
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185 | 185 | | performance rating of F [rated as academically unacceptable]; or |
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186 | 186 | | (3) are otherwise in need of assistance as indicated |
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187 | 187 | | by the academic performance of students, as determined by the |
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188 | 188 | | commissioner. |
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189 | 189 | | SECTION 12. Section 28.020(c), Education Code, is amended |
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190 | 190 | | to read as follows: |
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191 | 191 | | (c) A campus designated as a mathematics innovation zone is |
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192 | 192 | | not subject to interventions under the state accountability system |
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193 | 193 | | described by Section 39A.101 or 39A.111 [39.107(a) or (e)] for the |
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194 | 194 | | first two years of the designation, provided that the campus |
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195 | 195 | | implements the instructional program with fidelity and complies |
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196 | 196 | | with each mathematics innovation zone requirement to the |
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197 | 197 | | satisfaction of the commissioner. The period that a campus is |
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198 | 198 | | exempt from interventions as provided by this subsection is not: |
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199 | 199 | | (1) included in calculating consecutive school years |
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200 | 200 | | under Section 39A.101 or 39A.111 [39.107(a) or (e)]; or |
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201 | 201 | | (2) considered a break in consecutive school years of |
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202 | 202 | | receiving performance [unacceptable] ratings of F for purposes of |
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203 | 203 | | determining the need for intervention under Section 39A.101 or |
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204 | 204 | | 39A.111 [39.107(a) or (e)]. |
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205 | 205 | | SECTION 13. Section 29.202(a), Education Code, is amended |
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206 | 206 | | to read as follows: |
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207 | 207 | | (a) A student is eligible to receive a public education |
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208 | 208 | | grant or to attend another public school in the district in which |
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209 | 209 | | the student resides under this subchapter if the student is |
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210 | 210 | | assigned to attend a public school campus assigned a [an |
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211 | 211 | | unacceptable] performance rating of F that is made publicly |
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212 | 212 | | available under Section 39.054 for: |
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213 | 213 | | (1) the student achievement domain under Section |
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214 | 214 | | 39.053(c)(1); and |
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215 | 215 | | (2) the school progress domain under Section |
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216 | 216 | | 39.053(c)(2). |
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217 | 217 | | SECTION 14. Section 30A.101(a), Education Code, is amended |
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218 | 218 | | to read as follows: |
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219 | 219 | | (a) A school district or open-enrollment charter school is |
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220 | 220 | | eligible to act as a course provider under this chapter only if the |
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221 | 221 | | district or school is assigned a performance rating of C or higher |
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222 | 222 | | [rated acceptable] under Section 39.054. An open-enrollment |
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223 | 223 | | charter school may serve as a course provider only: |
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224 | 224 | | (1) to a student within its service area; or |
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225 | 225 | | (2) to another student in the state: |
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226 | 226 | | (A) through an agreement with the school district |
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227 | 227 | | in which the student resides; or |
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228 | 228 | | (B) if the student receives educational services |
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229 | 229 | | under the supervision of a juvenile probation department, the Texas |
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230 | 230 | | Juvenile Justice Department, or the Texas Department of Criminal |
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231 | 231 | | Justice, through an agreement with the applicable agency. |
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232 | 232 | | SECTION 15. Sections 39.054(a) and (a-2), Education Code, |
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233 | 233 | | are amended to read as follows: |
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234 | 234 | | (a) The commissioner shall adopt rules to evaluate school |
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235 | 235 | | district and campus performance and assign each district and campus |
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236 | 236 | | an overall performance rating of A, B, C, D, or F. In addition to |
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237 | 237 | | the overall performance rating, the commissioner shall assign each |
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238 | 238 | | district and campus a separate domain performance rating of A, B, C, |
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239 | 239 | | D, or F for each domain under Section 39.053(c). [An overall or |
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240 | 240 | | domain performance rating of A reflects exemplary performance. An |
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241 | 241 | | overall or domain performance rating of B reflects recognized |
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242 | 242 | | performance. An overall or domain performance rating of C reflects |
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243 | 243 | | acceptable performance. An overall or domain performance rating of |
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244 | 244 | | D reflects performance that needs improvement. An overall or |
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245 | 245 | | domain performance rating of F reflects unacceptable performance.] |
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246 | 246 | | A district may not receive an overall or domain performance rating |
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247 | 247 | | of A if the district includes any campus with a corresponding |
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248 | 248 | | overall or domain performance rating of D or F. If a school |
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249 | 249 | | district has been approved under Section 39.0544 to assign campus |
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250 | 250 | | performance ratings and the commissioner has not assigned a campus |
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251 | 251 | | an overall performance rating of D or F, the commissioner shall |
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252 | 252 | | assign the campus an overall performance rating based on the school |
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253 | 253 | | district assigned performance rating under Section 39.0544. [A |
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254 | 254 | | reference in law to an acceptable rating or acceptable performance |
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255 | 255 | | includes an overall or domain performance rating of A, B, C, or D or |
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256 | 256 | | performance that is exemplary, recognized, or acceptable |
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257 | 257 | | performance or performance that needs improvement.] |
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258 | 258 | | (a-2) The commissioner by rule may adopt procedures to |
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259 | 259 | | ensure that a repeated performance rating of D or F [or |
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260 | 260 | | unacceptable] in one domain, particularly performance that is not |
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261 | 261 | | significantly improving, is reflected in the overall performance |
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262 | 262 | | rating of a district or campus under this section or a campus under |
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263 | 263 | | Section 39.0544 and is not compensated for by a performance rating |
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264 | 264 | | of A, B, or C in another domain. |
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265 | 265 | | SECTION 16. Section 39.101, Education Code, as added by |
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266 | 266 | | Chapter 807 (H.B. 22), Acts of the 85th Legislature, Regular |
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267 | 267 | | Session, 2017, is transferred to Subchapter B, Chapter 39A, |
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268 | 268 | | Education Code, redesignated as Section 39A.0545, Education Code, |
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269 | 269 | | amended to conform to the repeal of Subchapter E, Chapter 39, |
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270 | 270 | | Education Code, by Article 21, Chapter 324 (S.B. 1488), Acts of the |
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271 | 271 | | 85th Legislature, Regular Session, 2017, and further amended to |
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272 | 272 | | read as follows: |
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273 | 273 | | Sec. 39A.0545 [39.101]. PERFORMANCE [NEEDS IMPROVEMENT] |
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274 | 274 | | RATING OF D. (a) Notwithstanding any other law, if a school |
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275 | 275 | | district or campus is assigned an overall or domain performance |
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276 | 276 | | rating of D: |
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277 | 277 | | (1) the commissioner shall order the district or |
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278 | 278 | | campus to develop and implement a targeted improvement plan |
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279 | 279 | | approved by the board of trustees of the district; and |
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280 | 280 | | (2) the interventions and sanctions provided by this |
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281 | 281 | | chapter [subchapter] based on failure to satisfy performance |
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282 | 282 | | standards under Section 39.054(e) apply to the district or campus |
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283 | 283 | | only as provided by this section. |
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284 | 284 | | (b) The interventions and sanctions provided by this |
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285 | 285 | | chapter [subchapter] based on failure to satisfy performance |
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286 | 286 | | standards under Section 39.054(e) apply to a district or campus |
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287 | 287 | | ordered to develop and implement a targeted improvement plan under |
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288 | 288 | | Subsection (a) only if the district or campus is assigned: |
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289 | 289 | | (1) an overall or domain performance rating of F; or |
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290 | 290 | | (2) an overall performance rating of D as provided by |
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291 | 291 | | Subsection (c). |
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292 | 292 | | (c) If a school district or campus is assigned an overall |
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293 | 293 | | performance rating of D for a school year after the district or |
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294 | 294 | | campus is ordered to develop and implement a targeted improvement |
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295 | 295 | | plan under Subsection (a), the commissioner shall implement |
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296 | 296 | | interventions and sanctions that apply to a [an unacceptable] |
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297 | 297 | | campus that received a performance rating of F and those |
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298 | 298 | | interventions and sanctions shall continue for each consecutive |
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299 | 299 | | school year thereafter in which the campus is assigned an overall |
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300 | 300 | | performance rating of D. |
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301 | 301 | | (d) The commissioner shall adopt rules as necessary to |
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302 | 302 | | implement this section. |
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303 | 303 | | SECTION 17. Section 39.201(b), Education Code, is amended |
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304 | 304 | | to read as follows: |
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305 | 305 | | (b) A district or campus may not be awarded a distinction |
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306 | 306 | | designation under this subchapter unless the district or campus has |
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307 | 307 | | a [acceptable] performance rating of C or higher under Section |
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308 | 308 | | 39.054. |
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309 | 309 | | SECTION 18. Sections 39.232(a) and (d), Education Code, are |
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310 | 310 | | amended to read as follows: |
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311 | 311 | | (a) Except as provided by Subsection (b), a school campus or |
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312 | 312 | | district that has been awarded a distinction designation [is rated |
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313 | 313 | | exemplary] under Subchapter G is exempt from requirements and |
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314 | 314 | | prohibitions imposed under this code including rules adopted under |
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315 | 315 | | this code. |
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316 | 316 | | (d) The commissioner may exempt a [an exemplary] school |
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317 | 317 | | campus that has been awarded a distinction designation under |
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318 | 318 | | Subchapter G from elementary class size limits under this section |
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319 | 319 | | if the school campus submits to the commissioner a written plan |
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320 | 320 | | showing steps that will be taken to ensure that the exemption from |
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321 | 321 | | the class size limits will not be harmful to the academic |
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322 | 322 | | achievement of the students on the school campus. The commissioner |
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323 | 323 | | shall review achievement levels annually. The exemption remains in |
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324 | 324 | | effect until the commissioner determines that achievement levels of |
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325 | 325 | | the campus have declined. |
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326 | 326 | | SECTION 19. Section 39.306(a), Education Code, is amended |
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327 | 327 | | to read as follows: |
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328 | 328 | | (a) Each board of trustees shall publish an annual report |
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329 | 329 | | describing the educational performance of the district and of each |
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330 | 330 | | campus in the district that includes uniform student performance |
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331 | 331 | | and descriptive information as determined under rules adopted by |
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332 | 332 | | the commissioner. The annual report must also include: |
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333 | 333 | | (1) campus performance objectives established under |
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334 | 334 | | Section 11.253 and the progress of each campus toward those |
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335 | 335 | | objectives, which shall be available to the public; |
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336 | 336 | | (2) information indicating the district's |
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337 | 337 | | accreditation status and identifying each district campus awarded a |
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338 | 338 | | distinction designation under Subchapter G or subject to |
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339 | 339 | | interventions or sanctions [considered an unacceptable campus] |
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340 | 340 | | under Chapter 39A; |
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341 | 341 | | (3) the district's current special education |
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342 | 342 | | compliance status with the agency; |
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343 | 343 | | (4) a statement of the number, rate, and type of |
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344 | 344 | | violent or criminal incidents that occurred on each district |
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345 | 345 | | campus, to the extent permitted under the Family Educational Rights |
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346 | 346 | | and Privacy Act of 1974 (20 U.S.C. Section 1232g); |
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347 | 347 | | (5) information concerning school violence prevention |
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348 | 348 | | and violence intervention policies and procedures that the district |
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349 | 349 | | is using to protect students; |
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350 | 350 | | (6) the findings that result from evaluations |
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351 | 351 | | conducted under the Safe and Drug-Free Schools and Communities Act |
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352 | 352 | | of 1994 (20 U.S.C. Section 7101 et seq.); and |
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353 | 353 | | (7) information received under Section 51.403(e) for |
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354 | 354 | | each high school campus in the district, presented in a form |
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355 | 355 | | determined by the commissioner. |
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356 | 356 | | SECTION 20. Section 39A.060, Education Code, is amended to |
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357 | 357 | | conform to Section 1, Chapter 472 (H.B. 2263), Acts of the 85th |
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358 | 358 | | Legislature, Regular Session, 2017, and further amended to read as |
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359 | 359 | | follows: |
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360 | 360 | | Sec. 39A.060. CAMPUS INTERVENTION TEAM CONTINUING DUTIES. |
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361 | 361 | | For each year a campus is assigned a [an unacceptable] performance |
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362 | 362 | | rating of F, the campus intervention team shall: |
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363 | 363 | | (1) [continue to work with the campus until: |
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364 | 364 | | [(A) the campus satisfies all performance |
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365 | 365 | | standards under Section 39.054(e) for a two-year period; or |
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366 | 366 | | [(B) the campus satisfies all performance |
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367 | 367 | | standards under Section 39.054(e) for a one-year period and the |
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368 | 368 | | commissioner determines that the campus is operating and will |
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369 | 369 | | continue to operate in a manner that improves student achievement; |
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370 | 370 | | [(2)] assist in updating the targeted improvement plan |
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371 | 371 | | to identify and analyze areas of growth and areas that require |
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372 | 372 | | improvement; and |
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373 | 373 | | (2) [(3)] submit each updated targeted improvement |
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374 | 374 | | plan described by Subdivision (1) [(2)] to the board of trustees of |
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375 | 375 | | the school district. |
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376 | 376 | | SECTION 21. Section 39A.103, Education Code, is amended to |
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377 | 377 | | read as follows: |
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378 | 378 | | Sec. 39A.103. NOTICE OF CAMPUS TURNAROUND PLAN. Before a |
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379 | 379 | | campus turnaround plan is prepared and submitted for approval to |
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380 | 380 | | the board of trustees of the school district, the district, in |
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381 | 381 | | consultation with the campus intervention team, shall: |
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382 | 382 | | (1) provide notice to parents, the community, and |
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383 | 383 | | stakeholders that the campus has received a [an unacceptable] |
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384 | 384 | | performance rating of F for two consecutive years and will be |
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385 | 385 | | required to submit a campus turnaround plan; and |
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386 | 386 | | (2) request assistance from parents, the community, |
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387 | 387 | | and stakeholders in developing the campus turnaround plan. |
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388 | 388 | | SECTION 22. Section 39A.106, Education Code, is amended to |
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389 | 389 | | read as follows: |
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390 | 390 | | Sec. 39A.106. DATE CAMPUS TURNAROUND PLAN TAKES EFFECT. A |
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391 | 391 | | campus turnaround plan must take effect not later than the school |
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392 | 392 | | year following the third consecutive school year that the campus |
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393 | 393 | | has received a [an unacceptable] performance rating of F. |
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394 | 394 | | SECTION 23. Section 39A.110, Education Code, is amended to |
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395 | 395 | | read as follows: |
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396 | 396 | | Sec. 39A.110. CHANGE IN CAMPUS PERFORMANCE RATING. (a) If |
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397 | 397 | | a campus for which a campus turnaround plan has been ordered under |
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398 | 398 | | Section 39A.101 receives a [an acceptable] performance rating of C |
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399 | 399 | | or higher for the school year following the order, the board of |
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400 | 400 | | trustees of the school district may: |
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401 | 401 | | (1) implement the campus turnaround plan; |
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402 | 402 | | (2) implement a modified version of the campus |
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403 | 403 | | turnaround plan; or |
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404 | 404 | | (3) withdraw the campus turnaround plan. |
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405 | 405 | | (b) A school district required to implement a campus |
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406 | 406 | | turnaround plan may modify the plan if the campus receives a [an |
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407 | 407 | | acceptable] performance rating of C or higher for two consecutive |
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408 | 408 | | school years following implementation of the plan. |
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409 | 409 | | SECTION 24. Section 39A.111, Education Code, is amended to |
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410 | 410 | | read as follows: |
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411 | 411 | | Sec. 39A.111. CONTINUED [UNACCEPTABLE] PERFORMANCE RATING |
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412 | 412 | | OF F. If a campus is assigned a [considered to have an |
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413 | 413 | | unacceptable] performance rating of F for three consecutive school |
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414 | 414 | | years after the campus is ordered to submit a campus turnaround plan |
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415 | 415 | | under Section 39A.101, the commissioner, subject to Section |
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416 | 416 | | 39A.112, shall order: |
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417 | 417 | | (1) appointment of a board of managers to govern the |
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418 | 418 | | school district as provided by Section 39A.202; or |
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419 | 419 | | (2) closure of the campus. |
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420 | 420 | | SECTION 25. Section 39A.152(a), Education Code, is amended |
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421 | 421 | | to read as follows: |
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422 | 422 | | (a) To qualify for consideration as a managing entity under |
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423 | 423 | | this subchapter, the entity must submit a proposal that provides |
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424 | 424 | | information relating to the entity's management and leadership team |
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425 | 425 | | that will participate in management of the campus under |
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426 | 426 | | consideration, including information relating to individuals who |
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427 | 427 | | have: |
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428 | 428 | | (1) documented success in whole school interventions |
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429 | 429 | | that increased the educational and performance levels of students |
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430 | 430 | | in campuses assigned a [considered to have an unacceptable] |
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431 | 431 | | performance rating of F; |
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432 | 432 | | (2) a proven record of effectiveness with programs |
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433 | 433 | | assisting low-performing students; |
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434 | 434 | | (3) a proven ability to apply research-based school |
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435 | 435 | | intervention strategies; |
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436 | 436 | | (4) a proven record of financial ability to perform |
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437 | 437 | | under the management contract; and |
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438 | 438 | | (5) any other experience or qualifications the |
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439 | 439 | | commissioner determines necessary. |
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440 | 440 | | SECTION 26. Section 39A.156, Education Code, is amended to |
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441 | 441 | | read as follows: |
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442 | 442 | | Sec. 39A.156. CANCELLATION OF MANAGEMENT CONTRACT. If a |
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443 | 443 | | campus receives a [an unacceptable] performance rating of F for two |
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444 | 444 | | consecutive school years after a managing entity assumes management |
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445 | 445 | | of the campus, the commissioner shall cancel the contract with the |
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446 | 446 | | managing entity. |
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447 | 447 | | SECTION 27. Sections 39A.209(a) and (b), Education Code, |
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448 | 448 | | are amended to read as follows: |
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449 | 449 | | (a) Notwithstanding Section 39A.208, the commissioner may |
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450 | 450 | | remove a board of managers appointed to govern a school district |
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451 | 451 | | under Subchapter C only if the campus that was the basis for the |
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452 | 452 | | appointment of the board of managers receives a [an acceptable] |
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453 | 453 | | performance rating of C or higher for two consecutive school years. |
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454 | 454 | | (b) If a campus that was the basis for the appointment of a |
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455 | 455 | | board of managers receives a [an unacceptable] performance rating |
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456 | 456 | | of F for two additional consecutive years following the appointment |
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457 | 457 | | of the board of managers, the commissioner may remove the board of |
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458 | 458 | | managers and, in consultation with the local community, may appoint |
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459 | 459 | | a new board of managers to govern the school district. |
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460 | 460 | | SECTION 28. Sections 39A.906(b) and (d), Education Code, |
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461 | 461 | | are amended to read as follows: |
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462 | 462 | | (b) If a campus described by Subsection (a) receives a [an |
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463 | 463 | | unacceptable] performance rating of F for the 2016-2017 and |
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464 | 464 | | 2017-2018 school years, the commissioner shall apply the |
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465 | 465 | | interventions and sanctions authorized by Section 39A.111 to the |
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466 | 466 | | campus. |
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467 | 467 | | (d) If a campus described by Subsection (c) receives a [an |
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468 | 468 | | unacceptable] performance rating of F for the 2016-2017, 2017-2018, |
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469 | 469 | | and 2018-2019 school years, the commissioner shall apply the |
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470 | 470 | | interventions and sanctions authorized by Section 39A.111 to the |
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471 | 471 | | campus. |
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472 | 472 | | SECTION 29. Section 42.002(b), Education Code, is amended |
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473 | 473 | | to read as follows: |
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474 | 474 | | (b) The Foundation School Program consists of: |
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475 | 475 | | (1) two tiers that in combination provide for: |
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476 | 476 | | (A) sufficient financing for all school |
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477 | 477 | | districts to provide a basic program of education that is assigned a |
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478 | 478 | | performance rating of C [rated acceptable] or higher under Section |
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479 | 479 | | 39.054 and meets other applicable legal standards; and |
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480 | 480 | | (B) substantially equal access to funds to |
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481 | 481 | | provide an enriched program; and |
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482 | 482 | | (2) a facilities component as provided by Chapter 46. |
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483 | 483 | | SECTION 30. This Act applies beginning with the 2019-2020 |
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484 | 484 | | school year. |
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485 | 485 | | SECTION 31. To the extent of any conflict, this Act prevails |
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486 | 486 | | over another Act of the 86th Legislature, Regular Session, 2019, |
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487 | 487 | | relating to nonsubstantive additions to and corrections in enacted |
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488 | 488 | | codes. |
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489 | 489 | | SECTION 32. This Act takes effect immediately if it |
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490 | 490 | | receives a vote of two-thirds of all the members elected to each |
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491 | 491 | | house, as provided by Section 39, Article III, Texas Constitution. |
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492 | 492 | | If this Act does not receive the vote necessary for immediate |
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493 | 493 | | effect, this Act takes effect September 1, 2019. |
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