86R9582 SRS-D
By: Taylor S.B. No. 2265
A BILL TO BE ENTITLED
AN ACT
relating to the assignment of performance ratings to school
districts and school district campuses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 8.051(b) and (d), Education Code, are
amended to read as follows:
(b) Each regional education service center shall annually
develop and submit to the commissioner for approval a plan for
improvement. Each plan must include the purposes and description of
the services the center will provide to:
(1) campuses assigned a [an unacceptable] performance
rating of F under Section 39.054;
(2) the lowest-performing campuses in the region; and
(3) other campuses.
(d) Each regional education service center shall maintain
core services for purchase by school districts and campuses. The
core services are:
(1) training and assistance in:
(A) teaching each subject area assessed under
Section 39.023; and
(B) providing instruction in personal financial
literacy as required under Section 28.0021;
(2) training and assistance in providing each program
that qualifies for a funding allotment under Section 42.151,
42.152, 42.153, or 42.156;
(3) assistance specifically designed for a school
district or campus assigned a [an unacceptable] performance rating
of F under Section 39.054;
(4) training and assistance to teachers,
administrators, members of district boards of trustees, and members
of site-based decision-making committees;
(5) assistance specifically designed for a school
district that is considered out of compliance with state or federal
special education requirements, based on the agency's most recent
compliance review of the district's special education programs; and
(6) assistance in complying with state laws and rules.
SECTION 2. Sections 11.174(b) and (f), Education Code, are
amended to read as follows:
(b) The board of trustees of a school district may enter
into a contract as provided by Subsection (a) only if:
(1) the charter of the open-enrollment charter school
has not been previously revoked;
(2) for the three school years preceding the school
year of the proposed operation of the district campus as described
by Subsection (a), the open-enrollment charter school has received:
(A) an overall performance rating of C
[acceptable] or higher under Subchapter C, Chapter 39; and
(B) a financial accountability rating under
Subchapter D, Chapter 39, indicating financial performance of
satisfactory or higher; or
(3) the entity considered for a district-authorized
charter has not previously operated an open-enrollment charter
school in which the charter expired or was revoked or surrendered.
(f) This subsection applies only to a district campus
subject to a contract described by Subsection (a) that received an
overall performance rating of F [unacceptable] under Subchapter C,
Chapter 39, for the school year before operation of the district
campus under the contract began. The commissioner may not impose a
sanction or take action against the campus under Section 39A.101 or
39A.111 [39.107(a) or (e)] for failure to satisfy academic
performance standards during the first two school years of
operation of a district campus under Subsection (a). The overall
performance rating received by the campus during those first two
school years is not included in calculating consecutive school
years and is not considered a break in consecutive school years
under Section 39A.101 or 39A.111 [39.107(a) or (e)].
SECTION 3. Section 12.1054(a), Education Code, is amended
to read as follows:
(a) A member of the governing body of a charter holder, a
member of the governing body of an open-enrollment charter school,
or an officer of an open-enrollment charter school is considered to
be a local public official for purposes of Chapter 171, Local
Government Code. For purposes of that chapter:
(1) a member of the governing body of a charter holder
or a member of the governing body or officer of an open-enrollment
charter school is considered to have a substantial interest in a
business entity if a person related to the member or officer in the
third degree by consanguinity or affinity, as determined under
Chapter 573, Government Code, has a substantial interest in the
business entity under Section 171.002, Local Government Code; and
(2) notwithstanding any provision of Subdivision (1)
[Section 12.1054(1)], an employee of an open-enrollment charter
school that was assigned a performance rating of C [rated
acceptable] or higher under Section 39.054 for at least two of the
preceding three school years may serve as a member of the governing
body of the charter holder of the governing body of the school if
the employees do not constitute a quorum of the governing body or
any committee of the governing body; however, all members shall
comply with the requirements of Sections 171.003-171.007, Local
Government Code.
SECTION 4. Section 12.106(e), Education Code, is amended to
read as follows:
(e) A charter holder is entitled to receive funding under
Subsection (d) only if the most recent overall performance rating
assigned to the open-enrollment charter school under Subchapter C,
Chapter 39, was a C or higher [reflects at least acceptable
performance]. This subsection does not apply to a charter holder
that operates a school program located at a day treatment facility,
residential treatment facility, psychiatric hospital, or medical
hospital.
SECTION 5. Section 12.110(e), Education Code, is amended to
read as follows:
(e) The commissioner shall give priority to applications
that propose an open-enrollment charter school campus to be located
in the attendance zone of a school district campus assigned a [an
unacceptable] performance rating of F under Section 39.054 for the
two preceding school years.
SECTION 6. Section 12.115(c), Education Code, is amended to
read as follows:
(c) The commissioner shall revoke the charter of an
open-enrollment charter school if:
(1) the charter holder has been assigned a [an
unacceptable] performance rating of F under Subchapter C, Chapter
39, for the three preceding school years;
(2) the charter holder has been assigned a financial
accountability performance rating under Subchapter D, Chapter 39,
indicating financial performance lower than satisfactory for the
three preceding school years; or
(3) the charter holder has been assigned any
combination of the ratings described by Subdivision (1) or (2) for
the three preceding school years.
SECTION 7. Section 12A.001(b), Education Code, is amended
to read as follows:
(b) A school district is eligible for designation as a
district of innovation only if the district's most recent
performance rating under Section 39.054 was a C or higher [reflects
at least acceptable performance].
SECTION 8. Sections 12A.008(a) and (c), Education Code, are
amended to read as follows:
(a) The commissioner may terminate a district's designation
as a district of innovation if the district receives for two
consecutive school years:
(1) an [unacceptable] academic performance rating of F
under Section 39.054;
(2) an unacceptable financial accountability rating
under Section 39.082; or
(3) an [unacceptable] academic performance rating of F
under Section 39.054 for one of the school years and an unacceptable
financial accountability rating under Section 39.082 for the other
school year.
(c) The commissioner shall terminate a district's
designation as a district of innovation if the district receives
for three consecutive school years:
(1) an [unacceptable] academic performance rating of F
under Section 39.054;
(2) an unacceptable financial accountability rating
under Section 39.082; or
(3) any combination of one or more [unacceptable]
ratings of F under Subdivision (1) and one or more unacceptable
ratings under Subdivision (2).
SECTION 9. The heading to Section 13.054, Education Code,
is amended to read as follows:
Sec. 13.054. [ACADEMICALLY UNACCEPTABLE] SCHOOL DISTRICTS
ASSIGNED ACADEMIC PERFORMANCE RATING OF F.
SECTION 10. Sections 13.054(a), (b), and (d), Education
Code, are amended to read as follows:
(a) The commissioner by order may annex to one or more
adjoining districts a school district that has been assigned an
academic performance rating of F [rated as academically
unacceptable] for a period of two years.
(b) The governing board of a district to which territory of
a [an academically unacceptable] district assigned an academic
performance rating of F is annexed is the governing board for the
new district.
(d) Title to the real property of the [academically
unacceptable] district assigned an academic performance rating of F
vests in the district to which the property is annexed. Each
district to which territory is annexed assumes and is liable for any
portion of the [academically unacceptable district's] indebtedness
of the district assigned an academic performance rating of F that is
allocated to the receiving district under Section 13.004.
SECTION 11. Section 21.453(b), Education Code, is amended
to read as follows:
(b) The commissioner may allocate funds from the account to
regional education service centers to provide staff development
resources to school districts that:
(1) are assigned an academic performance rating of F
[rated academically unacceptable];
(2) have one or more campuses assigned an academic
performance rating of F [rated as academically unacceptable]; or
(3) are otherwise in need of assistance as indicated
by the academic performance of students, as determined by the
commissioner.
SECTION 12. Section 28.020(c), Education Code, is amended
to read as follows:
(c) A campus designated as a mathematics innovation zone is
not subject to interventions under the state accountability system
described by Section 39A.101 or 39A.111 [39.107(a) or (e)] for the
first two years of the designation, provided that the campus
implements the instructional program with fidelity and complies
with each mathematics innovation zone requirement to the
satisfaction of the commissioner. The period that a campus is
exempt from interventions as provided by this subsection is not:
(1) included in calculating consecutive school years
under Section 39A.101 or 39A.111 [39.107(a) or (e)]; or
(2) considered a break in consecutive school years of
receiving performance [unacceptable] ratings of F for purposes of
determining the need for intervention under Section 39A.101 or
39A.111 [39.107(a) or (e)].
SECTION 13. Section 29.202(a), Education Code, is amended
to read as follows:
(a) A student is eligible to receive a public education
grant or to attend another public school in the district in which
the student resides under this subchapter if the student is
assigned to attend a public school campus assigned a [an
unacceptable] performance rating of F that is made publicly
available under Section 39.054 for:
(1) the student achievement domain under Section
39.053(c)(1); and
(2) the school progress domain under Section
39.053(c)(2).
SECTION 14. Section 30A.101(a), Education Code, is amended
to read as follows:
(a) A school district or open-enrollment charter school is
eligible to act as a course provider under this chapter only if the
district or school is assigned a performance rating of C or higher
[rated acceptable] under Section 39.054. An open-enrollment
charter school may serve as a course provider only:
(1) to a student within its service area; or
(2) to another student in the state:
(A) through an agreement with the school district
in which the student resides; or
(B) if the student receives educational services
under the supervision of a juvenile probation department, the Texas
Juvenile Justice Department, or the Texas Department of Criminal
Justice, through an agreement with the applicable agency.
SECTION 15. Sections 39.054(a) and (a-2), Education Code,
are amended to read as follows:
(a) The commissioner shall adopt rules to evaluate school
district and campus performance and assign each district and campus
an overall performance rating of A, B, C, D, or F. In addition to
the overall performance rating, the commissioner shall assign each
district and campus a separate domain performance rating of A, B, C,
D, or F for each domain under Section 39.053(c). [An overall or
domain performance rating of A reflects exemplary performance. An
overall or domain performance rating of B reflects recognized
performance. An overall or domain performance rating of C reflects
acceptable performance. An overall or domain performance rating of
D reflects performance that needs improvement. An overall or
domain performance rating of F reflects unacceptable performance.]
A district may not receive an overall or domain performance rating
of A if the district includes any campus with a corresponding
overall or domain performance rating of D or F. If a school
district has been approved under Section 39.0544 to assign campus
performance ratings and the commissioner has not assigned a campus
an overall performance rating of D or F, the commissioner shall
assign the campus an overall performance rating based on the school
district assigned performance rating under Section 39.0544. [A
reference in law to an acceptable rating or acceptable performance
includes an overall or domain performance rating of A, B, C, or D or
performance that is exemplary, recognized, or acceptable
performance or performance that needs improvement.]
(a-2) The commissioner by rule may adopt procedures to
ensure that a repeated performance rating of D or F [or
unacceptable] in one domain, particularly performance that is not
significantly improving, is reflected in the overall performance
rating of a district or campus under this section or a campus under
Section 39.0544 and is not compensated for by a performance rating
of A, B, or C in another domain.
SECTION 16. Section 39.101, Education Code, as added by
Chapter 807 (H.B. 22), Acts of the 85th Legislature, Regular
Session, 2017, is transferred to Subchapter B, Chapter 39A,
Education Code, redesignated as Section 39A.0545, Education Code,
amended to conform to the repeal of Subchapter E, Chapter 39,
Education Code, by Article 21, Chapter 324 (S.B. 1488), Acts of the
85th Legislature, Regular Session, 2017, and further amended to
read as follows:
Sec. 39A.0545 [39.101]. PERFORMANCE [NEEDS IMPROVEMENT]
RATING OF D. (a) Notwithstanding any other law, if a school
district or campus is assigned an overall or domain performance
rating of D:
(1) the commissioner shall order the district or
campus to develop and implement a targeted improvement plan
approved by the board of trustees of the district; and
(2) the interventions and sanctions provided by this
chapter [subchapter] based on failure to satisfy performance
standards under Section 39.054(e) apply to the district or campus
only as provided by this section.
(b) The interventions and sanctions provided by this
chapter [subchapter] based on failure to satisfy performance
standards under Section 39.054(e) apply to a district or campus
ordered to develop and implement a targeted improvement plan under
Subsection (a) only if the district or campus is assigned:
(1) an overall or domain performance rating of F; or
(2) an overall performance rating of D as provided by
Subsection (c).
(c) If a school district or campus is assigned an overall
performance rating of D for a school year after the district or
campus is ordered to develop and implement a targeted improvement
plan under Subsection (a), the commissioner shall implement
interventions and sanctions that apply to a [an unacceptable]
campus that received a performance rating of F and those
interventions and sanctions shall continue for each consecutive
school year thereafter in which the campus is assigned an overall
performance rating of D.
(d) The commissioner shall adopt rules as necessary to
implement this section.
SECTION 17. Section 39.201(b), Education Code, is amended
to read as follows:
(b) A district or campus may not be awarded a distinction
designation under this subchapter unless the district or campus has
a [acceptable] performance rating of C or higher under Section
39.054.
SECTION 18. Sections 39.232(a) and (d), Education Code, are
amended to read as follows:
(a) Except as provided by Subsection (b), a school campus or
district that has been awarded a distinction designation [is rated
exemplary] under Subchapter G is exempt from requirements and
prohibitions imposed under this code including rules adopted under
this code.
(d) The commissioner may exempt a [an exemplary] school
campus that has been awarded a distinction designation under
Subchapter G from elementary class size limits under this section
if the school campus submits to the commissioner a written plan
showing steps that will be taken to ensure that the exemption from
the class size limits will not be harmful to the academic
achievement of the students on the school campus. The commissioner
shall review achievement levels annually. The exemption remains in
effect until the commissioner determines that achievement levels of
the campus have declined.
SECTION 19. Section 39.306(a), Education Code, is amended
to read as follows:
(a) Each board of trustees shall publish an annual report
describing the educational performance of the district and of each
campus in the district that includes uniform student performance
and descriptive information as determined under rules adopted by
the commissioner. The annual report must also include:
(1) campus performance objectives established under
Section 11.253 and the progress of each campus toward those
objectives, which shall be available to the public;
(2) information indicating the district's
accreditation status and identifying each district campus awarded a
distinction designation under Subchapter G or subject to
interventions or sanctions [considered an unacceptable campus]
under Chapter 39A;
(3) the district's current special education
compliance status with the agency;
(4) a statement of the number, rate, and type of
violent or criminal incidents that occurred on each district
campus, to the extent permitted under the Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Section 1232g);
(5) information concerning school violence prevention
and violence intervention policies and procedures that the district
is using to protect students;
(6) the findings that result from evaluations
conducted under the Safe and Drug-Free Schools and Communities Act
of 1994 (20 U.S.C. Section 7101 et seq.); and
(7) information received under Section 51.403(e) for
each high school campus in the district, presented in a form
determined by the commissioner.
SECTION 20. Section 39A.060, Education Code, is amended to
conform to Section 1, Chapter 472 (H.B. 2263), Acts of the 85th
Legislature, Regular Session, 2017, and further amended to read as
follows:
Sec. 39A.060. CAMPUS INTERVENTION TEAM CONTINUING DUTIES.
For each year a campus is assigned a [an unacceptable] performance
rating of F, the campus intervention team shall:
(1) [continue to work with the campus until:
[(A) the campus satisfies all performance
standards under Section 39.054(e) for a two-year period; or
[(B) the campus satisfies all performance
standards under Section 39.054(e) for a one-year period and the
commissioner determines that the campus is operating and will
continue to operate in a manner that improves student achievement;
[(2)] assist in updating the targeted improvement plan
to identify and analyze areas of growth and areas that require
improvement; and
(2) [(3)] submit each updated targeted improvement
plan described by Subdivision (1) [(2)] to the board of trustees of
the school district.
SECTION 21. Section 39A.103, Education Code, is amended to
read as follows:
Sec. 39A.103. NOTICE OF CAMPUS TURNAROUND PLAN. Before a
campus turnaround plan is prepared and submitted for approval to
the board of trustees of the school district, the district, in
consultation with the campus intervention team, shall:
(1) provide notice to parents, the community, and
stakeholders that the campus has received a [an unacceptable]
performance rating of F for two consecutive years and will be
required to submit a campus turnaround plan; and
(2) request assistance from parents, the community,
and stakeholders in developing the campus turnaround plan.
SECTION 22. Section 39A.106, Education Code, is amended to
read as follows:
Sec. 39A.106. DATE CAMPUS TURNAROUND PLAN TAKES EFFECT. A
campus turnaround plan must take effect not later than the school
year following the third consecutive school year that the campus
has received a [an unacceptable] performance rating of F.
SECTION 23. Section 39A.110, Education Code, is amended to
read as follows:
Sec. 39A.110. CHANGE IN CAMPUS PERFORMANCE RATING. (a) If
a campus for which a campus turnaround plan has been ordered under
Section 39A.101 receives a [an acceptable] performance rating of C
or higher for the school year following the order, the board of
trustees of the school district may:
(1) implement the campus turnaround plan;
(2) implement a modified version of the campus
turnaround plan; or
(3) withdraw the campus turnaround plan.
(b) A school district required to implement a campus
turnaround plan may modify the plan if the campus receives a [an
acceptable] performance rating of C or higher for two consecutive
school years following implementation of the plan.
SECTION 24. Section 39A.111, Education Code, is amended to
read as follows:
Sec. 39A.111. CONTINUED [UNACCEPTABLE] PERFORMANCE RATING
OF F. If a campus is assigned a [considered to have an
unacceptable] performance rating of F for three consecutive school
years after the campus is ordered to submit a campus turnaround plan
under Section 39A.101, the commissioner, subject to Section
39A.112, shall order:
(1) appointment of a board of managers to govern the
school district as provided by Section 39A.202; or
(2) closure of the campus.
SECTION 25. Section 39A.152(a), Education Code, is amended
to read as follows:
(a) To qualify for consideration as a managing entity under
this subchapter, the entity must submit a proposal that provides
information relating to the entity's management and leadership team
that will participate in management of the campus under
consideration, including information relating to individuals who
have:
(1) documented success in whole school interventions
that increased the educational and performance levels of students
in campuses assigned a [considered to have an unacceptable]
performance rating of F;
(2) a proven record of effectiveness with programs
assisting low-performing students;
(3) a proven ability to apply research-based school
intervention strategies;
(4) a proven record of financial ability to perform
under the management contract; and
(5) any other experience or qualifications the
commissioner determines necessary.
SECTION 26. Section 39A.156, Education Code, is amended to
read as follows:
Sec. 39A.156. CANCELLATION OF MANAGEMENT CONTRACT. If a
campus receives a [an unacceptable] performance rating of F for two
consecutive school years after a managing entity assumes management
of the campus, the commissioner shall cancel the contract with the
managing entity.
SECTION 27. Sections 39A.209(a) and (b), Education Code,
are amended to read as follows:
(a) Notwithstanding Section 39A.208, the commissioner may
remove a board of managers appointed to govern a school district
under Subchapter C only if the campus that was the basis for the
appointment of the board of managers receives a [an acceptable]
performance rating of C or higher for two consecutive school years.
(b) If a campus that was the basis for the appointment of a
board of managers receives a [an unacceptable] performance rating
of F for two additional consecutive years following the appointment
of the board of managers, the commissioner may remove the board of
managers and, in consultation with the local community, may appoint
a new board of managers to govern the school district.
SECTION 28. Sections 39A.906(b) and (d), Education Code,
are amended to read as follows:
(b) If a campus described by Subsection (a) receives a [an
unacceptable] performance rating of F for the 2016-2017 and
2017-2018 school years, the commissioner shall apply the
interventions and sanctions authorized by Section 39A.111 to the
campus.
(d) If a campus described by Subsection (c) receives a [an
unacceptable] performance rating of F for the 2016-2017, 2017-2018,
and 2018-2019 school years, the commissioner shall apply the
interventions and sanctions authorized by Section 39A.111 to the
campus.
SECTION 29. Section 42.002(b), Education Code, is amended
to read as follows:
(b) The Foundation School Program consists of:
(1) two tiers that in combination provide for:
(A) sufficient financing for all school
districts to provide a basic program of education that is assigned a
performance rating of C [rated acceptable] or higher under Section
39.054 and meets other applicable legal standards; and
(B) substantially equal access to funds to
provide an enriched program; and
(2) a facilities component as provided by Chapter 46.
SECTION 30. This Act applies beginning with the 2019-2020
school year.
SECTION 31. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 32. 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.