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Texas House Bill HB3731

Texas 2021 - 87th Regular

Texas House Bill HB3731 Compare Versions

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1-87R20516 CAE-D
1+87R7654 CAE-D
22 By: Dutton H.B. No. 3731
3- Substitute the following for H.B. No. 3731:
4- By: Dutton C.S.H.B. No. 3731
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to public school accountability ratings, including
10- interventions and sanctions administered to a school district,
11- open-enrollment charter school, or district or school campus
12- assigned an unacceptable performance rating.
8+ interventions and sanctions administered to a school district or
9+ campus assigned a needs improvement rating.
1310 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14- SECTION 1. Sections 12.1141(b) and (d), Education Code, are
11+ SECTION 1. Sections 8.051(b) and (d), Education Code, are
12+ amended to read as follows:
13+ (b) Each regional education service center shall annually
14+ develop and submit to the commissioner for approval a plan for
15+ improvement. Each plan must include the purposes and description
16+ of the services the center will provide to:
17+ (1) campuses assigned an overall performance rating of
18+ D or F [an unacceptable performance rating] under Section 39.054;
19+ (2) the lowest-performing campuses in the region; and
20+ (3) other campuses.
21+ (d) Each regional education service center shall maintain
22+ core services for purchase by school districts and campuses. The
23+ core services are:
24+ (1) training and assistance in:
25+ (A) teaching each subject area assessed under
26+ Section 39.023; and
27+ (B) providing instruction in personal financial
28+ literacy as required under Section 28.0021;
29+ (2) training and assistance in providing a gifted and
30+ talented program and each program that qualifies for a funding
31+ allotment under Section 48.102, 48.104, or 48.105;
32+ (3) assistance specifically designed for a school
33+ district or campus assigned an overall performance rating of D or F
34+ [an unacceptable performance rating] under Section 39.054;
35+ (4) training and assistance to teachers,
36+ administrators, members of district boards of trustees, and members
37+ of site-based decision-making committees;
38+ (5) assistance specifically designed for a school
39+ district that is considered out of compliance with state or federal
40+ special education requirements, based on the agency's most recent
41+ compliance review of the district's special education programs; and
42+ (6) assistance in complying with state laws and rules.
43+ SECTION 2. Sections 11.174(b) and (f), Education Code, are
44+ amended to read as follows:
45+ (b) The board of trustees of a school district may enter
46+ into a contract as provided by Subsection (a) only if:
47+ (1) the charter of the open-enrollment charter school
48+ has not been previously revoked;
49+ (2) for the three school years preceding the school
50+ year of the proposed operation of the district campus as described
51+ by Subsection (a), the open-enrollment charter school has received:
52+ (A) an overall performance rating of C or higher
53+ [acceptable or higher] under Section 39.054 [Subchapter C, Chapter
54+ 39]; and
55+ (B) a financial accountability rating under
56+ Subchapter D, Chapter 39, indicating financial performance of
57+ satisfactory or higher; or
58+ (3) the entity considered for a district-authorized
59+ charter has not previously operated an open-enrollment charter
60+ school in which the charter expired or was revoked or surrendered.
61+ (f) This subsection applies only to a district campus
62+ subject to a contract described by Subsection (a) that received an
63+ overall performance rating of D under Section 39.054 and is subject
64+ to commissioner action under Section 39A.117(b) or is otherwise
65+ assigned an overall performance rating of unacceptable under
66+ Subchapter C, Chapter 39, for the school year before operation of
67+ the district campus under the contract began. The commissioner may
68+ not impose a sanction or take action against the campus under
69+ Section 39A.101 [39.107(a)] or 39A.111 [(e)] for failure to satisfy
70+ academic performance standards during the first two school years of
71+ operation of a district campus under Subsection (a). The overall
72+ performance rating received by the campus during those first two
73+ school years is not included in calculating consecutive school
74+ years and is not considered a break in consecutive school years
75+ under Section 39A.101 [39.107(a)] or 39A.111 [(e)].
76+ SECTION 3. Section 12.1054(a), Education Code, is amended
77+ to read as follows:
78+ (a) A member of the governing body of a charter holder, a
79+ member of the governing body of an open-enrollment charter school,
80+ or an officer of an open-enrollment charter school is considered to
81+ be a local public official for purposes of Chapter 171, Local
82+ Government Code. For purposes of that chapter:
83+ (1) a member of the governing body of a charter holder
84+ or a member of the governing body or officer of an open-enrollment
85+ charter school is considered to have a substantial interest in a
86+ business entity if a person related to the member or officer in the
87+ third degree by consanguinity or affinity, as determined under
88+ Chapter 573, Government Code, has a substantial interest in the
89+ business entity under Section 171.002, Local Government Code;
90+ (2) notwithstanding any provision of Section
91+ 12.1054(a)(1) [12.1054(1)], an employee of an open-enrollment
92+ charter school that received an overall performance rating of C
93+ [rated acceptable] or higher under Section 39.054 for at least two
94+ of the preceding three school years may serve as a member of the
95+ governing body of the charter holder of the governing body of the
96+ school if the employees do not constitute a quorum of the governing
97+ body or any committee of the governing body; however, all members
98+ shall comply with the requirements of Sections 171.003-171.007,
99+ Local Government Code.
100+ SECTION 4. Section 12.110(e), Education Code, is amended to
101+ read as follows:
102+ (e) The commissioner shall give priority to applications
103+ that propose an open-enrollment charter school campus to be located
104+ in the attendance zone of a school district campus assigned an
105+ overall performance rating of D and that is subject to commissioner
106+ action under Section 39A.117(b) or an unacceptable performance
107+ rating under Section 39.054 for the two preceding school years.
108+ SECTION 5. Sections 12.1141(b) and (d), Education Code, are
15109 amended to read as follows:
16110 (b) At the end of the term of a charter for an
17111 open-enrollment charter school, if a charter holder submits to the
18112 commissioner a petition for expedited renewal of the charter, the
19113 charter automatically renews unless, not later than the 30th day
20114 after the date the charter holder submits the petition, the
21115 commissioner provides written notice to the charter holder that
22116 expedited renewal of the charter is denied. The commissioner may
23117 not deny expedited renewal of a charter if:
24118 (1) the charter holder has been assigned the highest
25119 or second highest performance rating under Subchapter C, Chapter
26120 39, for the three preceding school years;
27121 (2) the charter holder has been assigned a financial
28122 performance accountability rating under Subchapter D, Chapter 39,
29123 indicating financial performance that is satisfactory or better for
30124 the three preceding school years; and
31125 (3) no campus operating under the charter has been
32- assigned an unacceptable [the lowest] performance rating under
33- Subchapter C, Chapter 39, for the three preceding school years or
34- such a campus has been closed.
126+ assigned an overall performance rating of D and is subject to
127+ commissioner action under Section 39A.117(b) or is otherwise
128+ assigned an unacceptable performance rating [the lowest
129+ performance rating] under Section 39.054 [Subchapter C, Chapter
130+ 39], for the three preceding school years or such a campus has been
131+ closed.
35132 (d) At the end of the term of a charter for an
36133 open-enrollment charter school, if a charter holder submits to the
37134 commissioner a petition for renewal of the charter, the
38135 commissioner may not renew the charter and shall allow the charter
39136 to expire if:
40- (1) the charter holder has been assigned an
41- unacceptable [the lowest] performance rating under Subchapter C,
42- Chapter 39, for any three of the five preceding school years;
137+ (1) the charter holder has been assigned an overall
138+ performance rating of D and is subject to commissioner action under
139+ Section 39A.117(b) or has been otherwise assigned an unacceptable
140+ [the lowest] performance rating under Subchapter C, Chapter 39, for
141+ any three of the five preceding school years;
43142 (2) the charter holder has been assigned a financial
44143 accountability performance rating under Subchapter D, Chapter 39,
45144 indicating financial performance that is lower than satisfactory
46145 for any three of the five preceding school years;
47146 (3) the charter holder has been assigned any
48147 combination of the ratings described by Subdivision (1) or (2) for
49148 any three of the five preceding school years; or
50149 (4) any campus operating under the charter has been
51- assigned an unacceptable [the lowest] performance rating under
52- Subchapter C, Chapter 39, for the three preceding school years and
53- such a campus has not been closed.
54- SECTION 2. Section 39.054(a), Education Code, is amended to
150+ assigned the lowest performance rating under Subchapter C, Chapter
151+ 39, for the three preceding school years and such a campus has not
152+ been closed.
153+ SECTION 6. Section 12.115, Education Code, is amended by
154+ amending Subsection (c) and adding Subsection (c-1) to read as
155+ follows:
156+ (c) The commissioner shall revoke the charter of an
157+ open-enrollment charter school if:
158+ (1) the charter holder has been assigned an overall
159+ performance rating of D and is subject to commissioner action under
160+ Section 39A.117(b), or is otherwise assigned an unacceptable
161+ performance rating under Subchapter C, Chapter 39, for the three
162+ preceding school years;
163+ (2) the charter holder has been assigned a financial
164+ accountability performance rating under Subchapter D, Chapter 39,
165+ indicating financial performance lower than satisfactory for the
166+ three preceding school years; or
167+ (3) the charter holder has been assigned any
168+ combination of the ratings described by Subdivision (1) or (2) for
169+ the three preceding school years.
170+ (c-1) The commissioner shall include an overall needs
171+ improvement performance rating designated as a D rating as an
172+ unacceptable performance rating under Subsection (c)(1) and as
173+ provided by Section 39A.117(a). Section 39A.117(c) does not apply
174+ to a determination under this section and an overall D rating that
175+ does not satisfy Section 39A.117(a) constitutes an unacceptable
176+ performance.
177+ SECTION 7. Section 12A.001(b), Education Code, is amended
178+ to read as follows:
179+ (b) A school district is eligible for designation as a
180+ district of innovation only if the district's most recent
181+ performance rating under Section 39.054 reflects a [at least
182+ acceptable] performance rating of C or higher.
183+ SECTION 8. Sections 12A.008(a) and (c), Education Code, are
184+ amended to read as follows:
185+ (a) The commissioner may terminate a district's designation
186+ as a district of innovation if the district receives for two
187+ consecutive school years:
188+ (1) an overall performance rating of D and is subject
189+ to action under Section 39A.117(b) or is otherwise assigned an
190+ unacceptable academic performance rating under Section 39.054;
191+ (2) an unacceptable financial accountability rating
192+ under Section 39.082; or
193+ (3) any combination of one or more D ratings or [an]
194+ unacceptable ratings under Subdivision (1) and one or more
195+ unacceptable ratings under Subdivision (2) [academic performance
196+ rating under Section 39.054 for one of the school years and an
197+ unacceptable financial accountability rating under Section 39.082
198+ for the other school year].
199+ (c) The commissioner shall terminate a district's
200+ designation as a district of innovation if the district receives
201+ for three consecutive school years:
202+ (1) an overall performance rating of D and is subject
203+ to action under Section 39A.117(b) or is otherwise assigned an
204+ unacceptable [academic] performance rating under Section 39.054;
205+ (2) an unacceptable financial accountability rating
206+ under Section 39.082; or
207+ (3) any combination of one or more D ratings or
208+ unacceptable ratings under Subdivision (1) and one or more
209+ unacceptable ratings under Subdivision (2).
210+ SECTION 9. Section 13.054, Education Code, is amended by
211+ adding Subsection (a-1) to read as follows:
212+ (a-1) The commissioner shall incorporate an overall D
213+ rating as an unacceptable performance rating for purposes of
214+ Subsection (a), in accordance with Section 39A.117(a), except that
215+ the commissioner may apply Section 39A.117(c) if the overall D
216+ rating meets the requirements of Section 39A.117(a). An overall D
217+ rating that does not satisfy Section 39A.117(a) shall constitute
218+ unacceptable performance for purposes of Subsection (a).
219+ SECTION 10. Section 21.453(b), Education Code, is amended
220+ to read as follows:
221+ (b) The commissioner may allocate funds from the account to
222+ regional education service centers to provide staff development
223+ resources to school districts that:
224+ (1) are rated academically unacceptable or are
225+ assigned an overall needs improvement rating and are subject to
226+ commissioner action under Section 39A.117(b);
227+ (2) have one or more campuses rated as academically
228+ unacceptable or are assigned an overall needs improvement rating
229+ and are subject to commissioner action under Section 39A.117(b); or
230+ (3) are otherwise in need of assistance as indicated
231+ by the academic performance of students, as determined by the
232+ commissioner.
233+ SECTION 11. Section 29.202(a), Education Code, is amended
234+ to read as follows:
235+ (a) A student is eligible to receive a public education
236+ grant or to attend another public school in the district in which
237+ the student resides under this subchapter if the student is
238+ assigned to attend a public school campus assigned an overall
239+ performance rating of D and is subject to commissioner action under
240+ Section 39A.117(b) or is otherwise assigned an unacceptable
241+ performance rating that is made publicly available under Section
242+ 39.054 for:
243+ (1) the student achievement domain under Section
244+ 39.053(c)(1); and
245+ (2) the school progress domain under Section
246+ 39.053(c)(2).
247+ SECTION 12. Section 30A.101(a), Education Code, is amended
248+ to read as follows:
249+ (a) A school district or open-enrollment charter school is
250+ eligible to act as a course provider under this chapter only if the
251+ district or school has received an overall performance rating of C
252+ or higher [is rated acceptable] under Section 39.054. An
253+ open-enrollment charter school may serve as a course provider only:
254+ (1) to a student within its service area; or
255+ (2) to another student in the state:
256+ (A) through an agreement with the school district
257+ in which the student resides; or
258+ (B) if the student receives educational services
259+ under the supervision of a juvenile probation department, the Texas
260+ Juvenile Justice Department, or the Texas Department of Criminal
261+ Justice, through an agreement with the applicable agency.
262+ SECTION 13. Section 39.052, Education Code, is amended by
263+ adding Subsection (b-1) to read as follows:
264+ (b-1) The commissioner shall incorporate an overall
265+ performance rating of D as an unacceptable performance rating under
266+ Subsection (b)(1)(A) in accordance with Section 39A.117(b).
267+ SECTION 14. Section 39.201(b), Education Code, is amended
268+ to read as follows:
269+ (b) A district or campus may not be awarded a distinction
270+ designation under this subchapter unless the district or campus is
271+ assigned an overall performance rating of C or higher [has
272+ acceptable performance] under Section 39.054.
273+ SECTION 15. Section 39.306(a), Education Code, is amended
274+ to read as follows:
275+ (a) Each board of trustees shall publish an annual report
276+ describing the educational performance of the district and of each
277+ campus in the district that includes uniform student performance
278+ and descriptive information as determined under rules adopted by
279+ the commissioner. The annual report must also include:
280+ (1) campus performance objectives established under
281+ Section 11.253 and the progress of each campus toward those
282+ objectives, which shall be available to the public;
283+ (2) information indicating the district's
284+ accreditation status and identifying each district campus awarded a
285+ distinction designation under Subchapter G or each district campus
286+ that has received an overall performance rating of D or is otherwise
287+ considered an unacceptable campus under Chapter 39A;
288+ (3) the district's current special education
289+ compliance status with the agency;
290+ (4) a statement of the number, rate, and type of
291+ violent or criminal incidents that occurred on each district
292+ campus, to the extent permitted under the Family Educational Rights
293+ and Privacy Act of 1974 (20 U.S.C. Section 1232g);
294+ (5) information concerning school violence prevention
295+ and violence intervention policies and procedures that the district
296+ is using to protect students;
297+ (6) the findings that result from evaluations
298+ conducted under the Safe and Drug-Free Schools and Communities Act
299+ of 1994 (20 U.S.C. Section 7101 et seq.);
300+ (7) information received under Section 51.403(e) for
301+ each high school campus in the district, presented in a form
302+ determined by the commissioner; and
303+ (8) the progress of the district and each campus in the
304+ district toward meeting the goals set in the district's:
305+ (A) early childhood literacy and mathematics
306+ proficiency plans adopted under Section 11.185; and
307+ (B) college, career, and military readiness
308+ plans adopted under Section 11.186.
309+ SECTION 16. Section 39.333, Education Code, is amended to
55310 read as follows:
56- (a) The commissioner shall adopt rules to evaluate school
57- district and campus performance and assign each district and campus
58- an overall performance rating of A, B, C, D, or F. In addition to
59- the overall performance rating, the commissioner shall assign each
60- district and campus a separate domain performance rating of A, B, C,
61- D, or F for each domain under Section 39.053(c). An overall or
62- domain performance rating of A reflects exemplary performance. An
63- overall or domain performance rating of B reflects recognized
64- performance. An overall or domain performance rating of C reflects
65- acceptable performance. An overall or domain performance rating of
66- D reflects performance that needs improvement or unacceptable
67- performance, in accordance with Section 39.0543. An overall or
68- domain performance rating of F reflects unacceptable performance.
69- A district may not receive an overall or domain performance rating
70- of A if the district includes any campus with a corresponding
71- overall or domain performance rating of D or F. If a school
72- district has been approved under Section 39.0544 to assign campus
73- performance ratings and the commissioner has not assigned a campus
74- an overall performance rating of D or F, the commissioner shall
75- assign the campus an overall performance rating based on the school
76- district assigned performance rating under Section 39.0544. A
77- reference in law to an acceptable rating or acceptable performance
78- includes an overall or domain performance rating of A, B, C, or D,
79- except as provided by Section 39.0543, or performance that is
80- exemplary, recognized, or acceptable performance or performance
81- that needs improvement. A reference in law to an unacceptable
82- performance rating includes an overall or domain performance rating
83- of D, as provided by Section 39.0543, and F.
84- SECTION 3. Subchapter C, Chapter 39, Education Code, is
85- amended by adding Section 39.0543 to read as follows:
86- Sec. 39.0543. NEEDS IMPROVEMENT OR UNACCEPTABLE
87- PERFORMANCE RATING. (a) A reference in law to an acceptable
88- performance or acceptable performance rating for a school district,
89- open-enrollment charter school, district campus, or charter school
90- campus includes an overall performance rating of D if, since
91- previously receiving an overall performance rating of C or higher
92- the district, charter school, district campus, or school campus:
93- (1) has not received an overall performance rating of
94- F; and
95- (2) has not received two or more overall performance
96- ratings of D.
97- (a-1) For the purposes of this section, an overall
98- performance rating issued in 2017-2018 or a prior school year for a
99- school district, open-enrollment charter school, district campus,
100- or charter school campus of:
101- (1) met standard, academically acceptable,
102- recognized, exemplary, A, B, or C is considered to be a performance
103- rating of C or higher; and
104- (2) improvement required, academically unacceptable,
105- or F is considered to be a rating of F.
106- (a-2) Subsection (a-1) and this subsection expire September
107- 1, 2027.
108- (b) A performance rating of D that meets the requirements of
109- Subsection (a) is considered performance that needs improvement.
110- (c) A reference in law to an unacceptable performance or
111- unacceptable performance rating includes a performance rating of D
112- if the rating does not satisfy Subsection (a).
113- SECTION 4. Section 39A.061(b), Education Code, is amended
114- to read as follows:
115- (b) The commissioner may authorize a targeted improvement
116- plan, [or] an updated targeted improvement plan, or a local
117- improvement plan to supersede the provisions of and satisfy the
118- requirements of developing, reviewing, and revising a campus
119- improvement plan under Subchapter F, Chapter 11.
120- SECTION 5. Subchapter B, Chapter 39A, Education Code, is
121- amended by adding Section 39A.065 to read as follows:
122- Sec. 39A.065. LOCAL IMPROVEMENT PLAN. (a) A school
123- district, open-enrollment charter school, district campus, or
124- charter school campus that is assigned a rating of D that qualifies
125- as a performance that needs improvement rating under Section
126- 39.0543(a) shall develop and implement a local improvement plan.
127- (b) A local improvement plan must be presented to the board
128- of trustees of the school district or governing board of the
129- open-enrollment charter school.
130- (c) The commissioner shall adopt rules to establish
131- requirements for a local improvement plan components and training.
132- The commissioner may not require a school district or
133- open-enrollment charter school to submit the local improvement plan
134- to the agency.
135- SECTION 6. Subchapter C, Chapter 39A, Education Code, is
136- amended by adding Sections 39A.118 and 39A.119 to read as follows:
137- Sec. 39A.118. INTERVENTION IF ASSIGNED CERTAIN PERFORMANCE
138- NEEDS IMPROVEMENT RATING. (a) Until another performance rating is
139- issued, the agency may not implement the intervention or sanctions
140- as provided by Subsection (b) for a school district,
141- open-enrollment charter school, district campus, or charter school
142- campus, if the performance rating initiating the action under
143- Subsection (b) is based on the first or second overall performance
144- rating of D, since previously receiving a rating of C or higher.
145- (b) The following interventions are subject to a pause under
146- Subsection (a):
147- (1) revocation of a charter under Section 12.115(c);
148- (2) annexation under Section 13.054;
149- (3) change in accreditation status under rules adopted
150- for accreditation under Section 39.052; and
151- (4) interventions or sanctions under Section
152- 39A.101(a), 39A.107(a) or (c), or 39A.111.
153- (c) The performance rating identified under Subsection (a):
154- (1) may not be included in calculating consecutive
155- school years of an unacceptable performance rating; and
156- (2) is not considered a break in consecutive school
157- years of an unacceptable performance rating.
158- (d) Interventions or sanctions implemented prior to the
159- intervention pause under Subsection (a) shall continue during the
160- school year for which actions under Subsection (b) are paused.
161- (e) This section does not apply to a commissioner action
162- based on performance or reasons not listed as interventions under
163- Subsection (b).
164- Sec. 39A.119. PERFORMANCE NEEDS IMPROVEMENT RATING
165- TRANSITION PROVISION. (a) For each school district,
166- open-enrollment charter school, district campus, and charter
167- school campus, the commissioner shall determine the number of
168- unacceptable performance ratings issued to the district, school, or
169- district or school campus since the last acceptable performance
170- rating or higher as defined by Subsection (b) and use that as the
171- base number of consecutive years of unacceptable performance for
172- which the performance rating in the 2021-2022 school year will be
173- added.
174- (b) For purposes of this section:
175- (1) an acceptable performance rating includes:
176- (A) a rating of met standard, academically
177- acceptable, recognized, exemplary, A, B, or C; or
178- (B) a rating of D that meets the requirements of
179- Section 39.0543(a);
180- (2) an unacceptable performance rating includes:
181- (A) a rating of improvement required,
182- academically unacceptable, or F; or
183- (B) a rating of D that meets the requirements of
184- Section 39.0543(c); and
185- (3) a rating of not rated may not be considered
186- acceptable or unacceptable and may not be considered a break in
187- consecutive years of unacceptable performance.
188- (c) This section expires September 1, 2027.
189- SECTION 7. Section 39A.0545, Education Code, is repealed.
190- SECTION 8. This Act takes effect immediately if it receives
191- a vote of two-thirds of all the members elected to each house, as
192- provided by Section 39, Article III, Texas Constitution. If this
193- Act does not receive the vote necessary for immediate effect, this
194- Act takes effect September 1, 2021.
311+ Sec. 39.333. REGIONAL AND DISTRICT LEVEL REPORT. As part of
312+ the comprehensive biennial report under Section 39.332, the agency
313+ shall submit a regional and district level report covering the
314+ preceding two school years and containing:
315+ (1) a summary of school district compliance with the
316+ student/teacher ratios and class-size limitations prescribed by
317+ Sections 25.111 and 25.112, including:
318+ (A) the number of campuses and classes at each
319+ campus granted an exception from Section 25.112; and
320+ (B) for each campus granted an exception from
321+ Section 25.112, a statement of whether the campus has been awarded a
322+ distinction designation under Subchapter G or has been assigned an
323+ overall campus performance rating of D or has otherwise been
324+ identified as an unacceptable campus under Chapter 39A;
325+ (2) a summary of the exemptions and waivers granted to
326+ campuses and school districts under Section 7.056 or 39.232 and a
327+ review of the effectiveness of each campus or district following
328+ deregulation;
329+ (3) an evaluation of the performance of the system of
330+ regional education service centers based on the indicators adopted
331+ under Section 8.101 and client satisfaction with services provided
332+ under Subchapter B, Chapter 8;
333+ (4) an evaluation of accelerated instruction programs
334+ offered under Section 28.006, including an assessment of the
335+ quality of such programs and the performance of students enrolled
336+ in such programs; and
337+ (5) the number of classes at each campus that are
338+ currently being taught by individuals who are not certified in the
339+ content areas of their respective classes.
340+ SECTION 17. Section 39.361, Education Code, is amended to
341+ read as follows:
342+ Sec. 39.361. NOTICE IN STUDENT GRADE REPORT. The first
343+ written notice of a student's performance that a school district
344+ gives during a school year as required by Section 28.022(a)(2) must
345+ include:
346+ (1) a statement of whether the campus at which the
347+ student is enrolled has been awarded a distinction designation
348+ under Subchapter G or has been assigned an overall performance
349+ rating of D or has otherwise been identified as an unacceptable
350+ campus under Chapter 39A; and
351+ (2) an explanation of the significance of the
352+ information provided under Subdivision (1).
353+ SECTION 18. Section 39A.001, Education Code, is amended to
354+ read as follows:
355+ Sec. 39A.001. GROUNDS FOR COMMISSIONER ACTION. (a) The
356+ commissioner shall take any of the actions authorized by this
357+ subchapter to the extent the commissioner determines necessary if:
358+ (1) a school district does not satisfy:
359+ (A) the accreditation criteria under Section
360+ 39.052;
361+ (B) the academic performance standards under
362+ Section 39.053 or 39.054; or
363+ (C) any financial accountability standard as
364+ determined by commissioner rule; or
365+ (2) the commissioner considers the action to be
366+ appropriate on the basis of a special accreditation investigation
367+ under Section 39.057.
368+ (b) The commissioner shall consider an overall performance
369+ rating of D as an unacceptable performance rating for purposes of
370+ Subsection (a)(2), in accordance with Section 39A.117.
371+ SECTION 19. Section 39A.004, Education Code, is amended to
372+ read as follows:
373+ Sec. 39A.004. APPOINTMENT OF BOARD OF MANAGERS. (a) The
374+ commissioner may appoint a board of managers to exercise the powers
375+ and duties of a school district's board of trustees if the district
376+ is subject to commissioner action under Section 39A.001 and:
377+ (1) has a current accreditation status of
378+ accredited-warned or accredited-probation;
379+ (2) fails to satisfy any standard under Section
380+ 39.054(e); or
381+ (3) fails to satisfy financial accountability
382+ standards as determined by commissioner rule.
383+ (b) The commissioner shall consider an overall performance
384+ rating of D as an unacceptable performance rating for purposes of
385+ Subsection (a)(2), in accordance with Section 39A.117.
386+ SECTION 20. Section 39A.005, Education Code, is amended by
387+ adding Subsection (a-1) to read as follows:
388+ (a-1) The commissioner shall consider an overall
389+ performance rating of D as an unacceptable performance rating for
390+ purposes of Subsection (a)(2), in accordance with Section 39A.117.
391+ SECTION 21. Section 39A.051, Education Code, is amended by
392+ adding Subsection (a-1) to read as follows:
393+ (a-1) The commissioner shall consider an overall
394+ performance rating of D as an unacceptable performance rating for
395+ purposes of Subsection (a), in accordance with Section 39A.117.
396+ SECTION 22. Section 39A.0545, Education Code, is
397+ transferred to Subchapter C, Chapter 39A, Education Code,
398+ redesignated as Section 39A.117, Education Code, and amended to
399+ read as follows:
400+ Sec. 39A.117 [39A.0545]. NEEDS IMPROVEMENT RATING. (a)
401+ Notwithstanding any other law, if a school district or campus is
402+ assigned an overall [or domain] performance rating of D and in the
403+ previous school year the district or campus received an overall
404+ rating of C or higher:
405+ (1) the commissioner shall order the district or
406+ campus to develop and implement a targeted improvement plan
407+ approved by the board of trustees of the district; and
408+ (2) the rating may not be included in calculating
409+ consecutive school years of unacceptable performance and is not
410+ considered a break in consecutive school years of unacceptable
411+ performance [interventions and sanctions provided by this chapter
412+ based on failure to satisfy performance standards under Section
413+ 39.054(e) apply to the district or campus only as provided by this
414+ section].
415+ (b) The interventions and sanctions provided by this title
416+ [chapter] based on failure to satisfy performance standards under
417+ Section 39.054(e) apply to a district or campus assigned an overall
418+ performance rating of D, except as otherwise provided by
419+ Subsections (a) and (c) [ordered to develop and implement a
420+ targeted improvement plan under Subsection (a) only if the district
421+ or campus is assigned:
422+ [(1) an overall or domain performance rating of F; or
423+ [(2) an overall performance rating of D as provided by
424+ Subsection (c)].
425+ (c) The commissioner is not required to take action under
426+ Section 39.052(c)(2) or 39A.111, if [If] a school district or
427+ campus is assigned an overall performance rating of D for a school
428+ year after the district or campus is ordered to develop and
429+ implement a targeted improvement plan under Subsection (a).
430+ (c-1) For a district or campus described by Subsection (c),
431+ the commissioner may [shall] implement any other interventions and
432+ sanctions under this title, including closure and the appointment
433+ of a board of managers, and [that apply to an unacceptable campus
434+ and those] interventions and sanctions previously implemented by
435+ the commissioner shall continue. An action taken by the
436+ commissioner under this subsection does not affect the
437+ determination of a district's or campus's consecutive school years
438+ of unacceptable performance [for each consecutive school year
439+ thereafter in which the campus is assigned an overall performance
440+ rating of D].
441+ [(d) The commissioner shall adopt rules as necessary to
442+ implement this section.]
443+ SECTION 23. This Act applies beginning with the 2021-2022
444+ school year.
445+ SECTION 24. In determining consecutive years of the overall
446+ performance rating of a school district or campus, a performance
447+ rating of a D or F issued before this Act takes effect applies to the
448+ determination of consecutive years of overall performance rating.
449+ SECTION 25. This Act takes effect September 1, 2021.