By: Fallon S.B. No. 2285
(Johnson of Harris)
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 Subsections (c-1), (c-2), and
(c-3) 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 if the school district or
open-enrollment charter school demonstrates in writing that the
error was identified before July 1 of the year ratings are released,
even if the challenge demonstrates the data or calculation error:
(1) is attributable to the school district or
open-enrollment charter school; or
(2) caused the district or school to have a lower
academic or financial accountability rating.
(c-2) If a challenge described by Subsection (c-1)
demonstrates that a data or calculation error caused the district
or open-enrollment charter school to have a lower academic or
financial accountability rating, the commissioner shall:
(1) assign the district or school the corrected
rating; or
(2) indicate that the district or school will not be
rated for that school year.
(c-3) For a year in which a school district or
open-enrollment charter school is not rated under Subsection
(c-2)(2), that school year is not:
(1) included in calculating consecutive school years
under Sections 12.1141(d) and 12.115(c) and Subchapter C, Chapter
39, and Chapter 39A; or
(2) considered a break in consecutive school years of
unacceptable ratings for purposes of sanctions or interventions
under Sections 12.1141(d) and 12.115(c) and Subchapter C, Chapter
39, and Chapter 39A.
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.