87R7654 CAE-D
By: Dutton H.B. No. 3731
A BILL TO BE ENTITLED
AN ACT
relating to public school accountability ratings, including
interventions and sanctions administered to a school district or
campus assigned a needs improvement rating.
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 an overall performance rating of
D or F [an unacceptable performance rating] 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 a gifted and
talented program and each program that qualifies for a funding
allotment under Section 48.102, 48.104, or 48.105;
(3) assistance specifically designed for a school
district or campus assigned an overall performance rating of D or F
[an unacceptable performance rating] 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 or higher
[acceptable or higher] under Section 39.054 [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 D under Section 39.054 and is subject
to commissioner action under Section 39A.117(b) or is otherwise
assigned an overall performance rating of 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 [39.107(a)] or 39A.111 [(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 [39.107(a)] or 39A.111 [(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;
(2) notwithstanding any provision of Section
12.1054(a)(1) [12.1054(1)], an employee of an open-enrollment
charter school that received an overall 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 12.110(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 an
overall performance rating of D and that is subject to commissioner
action under Section 39A.117(b) or an unacceptable performance
rating under Section 39.054 for the two preceding school years.
SECTION 5. Sections 12.1141(b) and (d), Education Code, are
amended to read as follows:
(b) At the end of the term of a charter for an
open-enrollment charter school, if a charter holder submits to the
commissioner a petition for expedited renewal of the charter, the
charter automatically renews unless, not later than the 30th day
after the date the charter holder submits the petition, the
commissioner provides written notice to the charter holder that
expedited renewal of the charter is denied. The commissioner may
not deny expedited renewal of a charter if:
(1) the charter holder has been assigned the highest
or second highest performance rating under Subchapter C, Chapter
39, for the three preceding school years;
(2) the charter holder has been assigned a financial
performance accountability rating under Subchapter D, Chapter 39,
indicating financial performance that is satisfactory or better for
the three preceding school years; and
(3) no campus operating under the charter has been
assigned an overall performance rating of D and is subject to
commissioner action under Section 39A.117(b) or is otherwise
assigned an unacceptable performance rating [the lowest
performance rating] under Section 39.054 [Subchapter C, Chapter
39], for the three preceding school years or such a campus has been
closed.
(d) At the end of the term of a charter for an
open-enrollment charter school, if a charter holder submits to the
commissioner a petition for renewal of the charter, the
commissioner may not renew the charter and shall allow the charter
to expire if:
(1) the charter holder has been assigned an overall
performance rating of D and is subject to commissioner action under
Section 39A.117(b) or has been otherwise assigned an unacceptable
[the lowest] performance rating under Subchapter C, Chapter 39, for
any three of the five preceding school years;
(2) the charter holder has been assigned a financial
accountability performance rating under Subchapter D, Chapter 39,
indicating financial performance that is lower than satisfactory
for any three of the five preceding school years;
(3) the charter holder has been assigned any
combination of the ratings described by Subdivision (1) or (2) for
any three of the five preceding school years; or
(4) any campus operating under the charter has been
assigned the lowest performance rating under Subchapter C, Chapter
39, for the three preceding school years and such a campus has not
been closed.
SECTION 6. Section 12.115, Education Code, is amended by
amending Subsection (c) and adding Subsection (c-1) 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 an overall
performance rating of D and is subject to commissioner action under
Section 39A.117(b), or is otherwise assigned an unacceptable
performance rating 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.
(c-1) The commissioner shall include an overall needs
improvement performance rating designated as a D rating as an
unacceptable performance rating under Subsection (c)(1) and as
provided by Section 39A.117(a). Section 39A.117(c) does not apply
to a determination under this section and an overall D rating that
does not satisfy Section 39A.117(a) constitutes an unacceptable
performance.
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 reflects a [at least
acceptable] performance rating of C or higher.
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 overall performance rating of D and is subject
to action under Section 39A.117(b) or is otherwise assigned an
unacceptable academic performance rating under Section 39.054;
(2) an unacceptable financial accountability rating
under Section 39.082; or
(3) any combination of one or more D ratings or [an]
unacceptable ratings under Subdivision (1) and one or more
unacceptable ratings under Subdivision (2) [academic performance
rating 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 overall performance rating of D and is subject
to action under Section 39A.117(b) or is otherwise assigned an
unacceptable [academic] performance rating under Section 39.054;
(2) an unacceptable financial accountability rating
under Section 39.082; or
(3) any combination of one or more D ratings or
unacceptable ratings under Subdivision (1) and one or more
unacceptable ratings under Subdivision (2).
SECTION 9. Section 13.054, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The commissioner shall incorporate an overall D
rating as an unacceptable performance rating for purposes of
Subsection (a), in accordance with Section 39A.117(a), except that
the commissioner may apply Section 39A.117(c) if the overall D
rating meets the requirements of Section 39A.117(a). An overall D
rating that does not satisfy Section 39A.117(a) shall constitute
unacceptable performance for purposes of Subsection (a).
SECTION 10. 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 rated academically unacceptable or are
assigned an overall needs improvement rating and are subject to
commissioner action under Section 39A.117(b);
(2) have one or more campuses rated as academically
unacceptable or are assigned an overall needs improvement rating
and are subject to commissioner action under Section 39A.117(b); or
(3) are otherwise in need of assistance as indicated
by the academic performance of students, as determined by the
commissioner.
SECTION 11. 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 an overall
performance rating of D and is subject to commissioner action under
Section 39A.117(b) or is otherwise assigned an unacceptable
performance rating 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 12. 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 has received an overall performance rating of C
or higher [is 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 13. Section 39.052, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) The commissioner shall incorporate an overall
performance rating of D as an unacceptable performance rating under
Subsection (b)(1)(A) in accordance with Section 39A.117(b).
SECTION 14. 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 is
assigned an overall performance rating of C or higher [has
acceptable performance] under Section 39.054.
SECTION 15. 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 each district campus
that has received an overall performance rating of D or is otherwise
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.);
(7) information received under Section 51.403(e) for
each high school campus in the district, presented in a form
determined by the commissioner; and
(8) the progress of the district and each campus in the
district toward meeting the goals set in the district's:
(A) early childhood literacy and mathematics
proficiency plans adopted under Section 11.185; and
(B) college, career, and military readiness
plans adopted under Section 11.186.
SECTION 16. Section 39.333, Education Code, is amended to
read as follows:
Sec. 39.333. REGIONAL AND DISTRICT LEVEL REPORT. As part of
the comprehensive biennial report under Section 39.332, the agency
shall submit a regional and district level report covering the
preceding two school years and containing:
(1) a summary of school district compliance with the
student/teacher ratios and class-size limitations prescribed by
Sections 25.111 and 25.112, including:
(A) the number of campuses and classes at each
campus granted an exception from Section 25.112; and
(B) for each campus granted an exception from
Section 25.112, a statement of whether the campus has been awarded a
distinction designation under Subchapter G or has been assigned an
overall campus performance rating of D or has otherwise been
identified as an unacceptable campus under Chapter 39A;
(2) a summary of the exemptions and waivers granted to
campuses and school districts under Section 7.056 or 39.232 and a
review of the effectiveness of each campus or district following
deregulation;
(3) an evaluation of the performance of the system of
regional education service centers based on the indicators adopted
under Section 8.101 and client satisfaction with services provided
under Subchapter B, Chapter 8;
(4) an evaluation of accelerated instruction programs
offered under Section 28.006, including an assessment of the
quality of such programs and the performance of students enrolled
in such programs; and
(5) the number of classes at each campus that are
currently being taught by individuals who are not certified in the
content areas of their respective classes.
SECTION 17. Section 39.361, Education Code, is amended to
read as follows:
Sec. 39.361. NOTICE IN STUDENT GRADE REPORT. The first
written notice of a student's performance that a school district
gives during a school year as required by Section 28.022(a)(2) must
include:
(1) a statement of whether the campus at which the
student is enrolled has been awarded a distinction designation
under Subchapter G or has been assigned an overall performance
rating of D or has otherwise been identified as an unacceptable
campus under Chapter 39A; and
(2) an explanation of the significance of the
information provided under Subdivision (1).
SECTION 18. Section 39A.001, Education Code, is amended to
read as follows:
Sec. 39A.001. GROUNDS FOR COMMISSIONER ACTION. (a) The
commissioner shall take any of the actions authorized by this
subchapter to the extent the commissioner determines necessary if:
(1) a school district does not satisfy:
(A) the accreditation criteria under Section
39.052;
(B) the academic performance standards under
Section 39.053 or 39.054; or
(C) any financial accountability standard as
determined by commissioner rule; or
(2) the commissioner considers the action to be
appropriate on the basis of a special accreditation investigation
under Section 39.057.
(b) The commissioner shall consider an overall performance
rating of D as an unacceptable performance rating for purposes of
Subsection (a)(2), in accordance with Section 39A.117.
SECTION 19. Section 39A.004, Education Code, is amended to
read as follows:
Sec. 39A.004. APPOINTMENT OF BOARD OF MANAGERS. (a) The
commissioner may appoint a board of managers to exercise the powers
and duties of a school district's board of trustees if the district
is subject to commissioner action under Section 39A.001 and:
(1) has a current accreditation status of
accredited-warned or accredited-probation;
(2) fails to satisfy any standard under Section
39.054(e); or
(3) fails to satisfy financial accountability
standards as determined by commissioner rule.
(b) The commissioner shall consider an overall performance
rating of D as an unacceptable performance rating for purposes of
Subsection (a)(2), in accordance with Section 39A.117.
SECTION 20. Section 39A.005, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The commissioner shall consider an overall
performance rating of D as an unacceptable performance rating for
purposes of Subsection (a)(2), in accordance with Section 39A.117.
SECTION 21. Section 39A.051, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The commissioner shall consider an overall
performance rating of D as an unacceptable performance rating for
purposes of Subsection (a), in accordance with Section 39A.117.
SECTION 22. Section 39A.0545, Education Code, is
transferred to Subchapter C, Chapter 39A, Education Code,
redesignated as Section 39A.117, Education Code, and amended to
read as follows:
Sec. 39A.117 [39A.0545]. NEEDS IMPROVEMENT RATING. (a)
Notwithstanding any other law, if a school district or campus is
assigned an overall [or domain] performance rating of D and in the
previous school year the district or campus received an overall
rating of C or higher:
(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 rating may not be included in calculating
consecutive school years of unacceptable performance and is not
considered a break in consecutive school years of unacceptable
performance [interventions and sanctions provided by this chapter
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 title
[chapter] based on failure to satisfy performance standards under
Section 39.054(e) apply to a district or campus assigned an overall
performance rating of D, except as otherwise provided by
Subsections (a) and (c) [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) The commissioner is not required to take action under
Section 39.052(c)(2) or 39A.111, if [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).
(c-1) For a district or campus described by Subsection (c),
the commissioner may [shall] implement any other interventions and
sanctions under this title, including closure and the appointment
of a board of managers, and [that apply to an unacceptable campus
and those] interventions and sanctions previously implemented by
the commissioner shall continue. An action taken by the
commissioner under this subsection does not affect the
determination of a district's or campus's consecutive school years
of unacceptable performance [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 23. This Act applies beginning with the 2021-2022
school year.
SECTION 24. In determining consecutive years of the overall
performance rating of a school district or campus, a performance
rating of a D or F issued before this Act takes effect applies to the
determination of consecutive years of overall performance rating.
SECTION 25. This Act takes effect September 1, 2021.