Texas 2021 - 87th Regular

Texas Senate Bill SB1645 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R7654 CAE-D
2	2	By: Taylor S.B. No. 1645
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to public school accountability ratings, including
8	8	interventions and sanctions administered to a school district or
9	9	campus assigned a needs improvement rating.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 8.051(b) and (d), Education Code, are
12	12	amended to read as follows:
13	13	(b) Each regional education service center shall annually
14	14	develop and submit to the commissioner for approval a plan for
15	15	improvement. Each plan must include the purposes and description
16	16	of the services the center will provide to:
17	17	(1) campuses assigned an overall performance rating of
18	18	D or F [an unacceptable performance rating] under Section 39.054;
19	19	(2) the lowest-performing campuses in the region; and
20	20	(3) other campuses.
21	21	(d) Each regional education service center shall maintain
22	22	core services for purchase by school districts and campuses. The
23	23	core services are:
24	24	(1) training and assistance in:
25	25	(A) teaching each subject area assessed under
26	26	Section 39.023; and
27	27	(B) providing instruction in personal financial
28	28	literacy as required under Section 28.0021;
29	29	(2) training and assistance in providing a gifted and
30	30	talented program and each program that qualifies for a funding
31	31	allotment under Section 48.102, 48.104, or 48.105;
32	32	(3) assistance specifically designed for a school
33	33	district or campus assigned an overall performance rating of D or F
34	34	[an unacceptable performance rating] under Section 39.054;
35	35	(4) training and assistance to teachers,
36	36	administrators, members of district boards of trustees, and members
37	37	of site-based decision-making committees;
38	38	(5) assistance specifically designed for a school
39	39	district that is considered out of compliance with state or federal
40	40	special education requirements, based on the agency's most recent
41	41	compliance review of the district's special education programs; and
42	42	(6) assistance in complying with state laws and rules.
43	43	SECTION 2. Sections 11.174(b) and (f), Education Code, are
44	44	amended to read as follows:
45	45	(b) The board of trustees of a school district may enter
46	46	into a contract as provided by Subsection (a) only if:
47	47	(1) the charter of the open-enrollment charter school
48	48	has not been previously revoked;
49	49	(2) for the three school years preceding the school
50	50	year of the proposed operation of the district campus as described
51	51	by Subsection (a), the open-enrollment charter school has received:
52	52	(A) an overall performance rating of C or higher
53	53	[acceptable or higher] under Section 39.054 [Subchapter C, Chapter
54	54	39]; and
55	55	(B) a financial accountability rating under
56	56	Subchapter D, Chapter 39, indicating financial performance of
57	57	satisfactory or higher; or
58	58	(3) the entity considered for a district-authorized
59	59	charter has not previously operated an open-enrollment charter
60	60	school in which the charter expired or was revoked or surrendered.
61	61	(f) This subsection applies only to a district campus
62	62	subject to a contract described by Subsection (a) that received an
63	63	overall performance rating of D under Section 39.054 and is subject
64	64	to commissioner action under Section 39A.117(b) or is otherwise
65	65	assigned an overall performance rating of unacceptable under
66	66	Subchapter C, Chapter 39, for the school year before operation of
67	67	the district campus under the contract began. The commissioner may
68	68	not impose a sanction or take action against the campus under
69	69	Section 39A.101 [39.107(a)] or 39A.111 [(e)] for failure to satisfy
70	70	academic performance standards during the first two school years of
71	71	operation of a district campus under Subsection (a). The overall
72	72	performance rating received by the campus during those first two
73	73	school years is not included in calculating consecutive school
74	74	years and is not considered a break in consecutive school years
75	75	under Section 39A.101 [39.107(a)] or 39A.111 [(e)].
76	76	SECTION 3. Section 12.1054(a), Education Code, is amended
77	77	to read as follows:
78	78	(a) A member of the governing body of a charter holder, a
79	79	member of the governing body of an open-enrollment charter school,
80	80	or an officer of an open-enrollment charter school is considered to
81	81	be a local public official for purposes of Chapter 171, Local
82	82	Government Code. For purposes of that chapter:
83	83	(1) a member of the governing body of a charter holder
84	84	or a member of the governing body or officer of an open-enrollment
85	85	charter school is considered to have a substantial interest in a
86	86	business entity if a person related to the member or officer in the
87	87	third degree by consanguinity or affinity, as determined under
88	88	Chapter 573, Government Code, has a substantial interest in the
89	89	business entity under Section 171.002, Local Government Code;
90	90	(2) notwithstanding any provision of Section
91	91	12.1054(a)(1) [12.1054(1)], an employee of an open-enrollment
92	92	charter school that received an overall performance rating of C
93	93	[rated acceptable] or higher under Section 39.054 for at least two
94	94	of the preceding three school years may serve as a member of the
95	95	governing body of the charter holder of the governing body of the
96	96	school if the employees do not constitute a quorum of the governing
97	97	body or any committee of the governing body; however, all members
98	98	shall comply with the requirements of Sections 171.003-171.007,
99	99	Local Government Code.
100	100	SECTION 4. Section 12.110(e), Education Code, is amended to
101	101	read as follows:
102	102	(e) The commissioner shall give priority to applications
103	103	that propose an open-enrollment charter school campus to be located
104	104	in the attendance zone of a school district campus assigned an
105	105	overall performance rating of D and that is subject to commissioner
106	106	action under Section 39A.117(b) or an unacceptable performance
107	107	rating under Section 39.054 for the two preceding school years.
108	108	SECTION 5. Sections 12.1141(b) and (d), Education Code, are
109	109	amended to read as follows:
110	110	(b) At the end of the term of a charter for an
111	111	open-enrollment charter school, if a charter holder submits to the
112	112	commissioner a petition for expedited renewal of the charter, the
113	113	charter automatically renews unless, not later than the 30th day
114	114	after the date the charter holder submits the petition, the
115	115	commissioner provides written notice to the charter holder that
116	116	expedited renewal of the charter is denied. The commissioner may
117	117	not deny expedited renewal of a charter if:
118	118	(1) the charter holder has been assigned the highest
119	119	or second highest performance rating under Subchapter C, Chapter
120	120	39, for the three preceding school years;
121	121	(2) the charter holder has been assigned a financial
122	122	performance accountability rating under Subchapter D, Chapter 39,
123	123	indicating financial performance that is satisfactory or better for
124	124	the three preceding school years; and
125	125	(3) no campus operating under the charter has been
126	126	assigned an overall performance rating of D and is subject to
127	127	commissioner action under Section 39A.117(b) or is otherwise
128	128	assigned an unacceptable performance rating [the lowest
129	129	performance rating] under Section 39.054 [Subchapter C, Chapter
130	130	39], for the three preceding school years or such a campus has been
131	131	closed.
132	132	(d) At the end of the term of a charter for an
133	133	open-enrollment charter school, if a charter holder submits to the
134	134	commissioner a petition for renewal of the charter, the
135	135	commissioner may not renew the charter and shall allow the charter
136	136	to expire if:
137	137	(1) the charter holder has been assigned an overall
138	138	performance rating of D and is subject to commissioner action under
139	139	Section 39A.117(b) or has been otherwise assigned an unacceptable
140	140	[the lowest] performance rating under Subchapter C, Chapter 39, for
141	141	any three of the five preceding school years;
142	142	(2) the charter holder has been assigned a financial
143	143	accountability performance rating under Subchapter D, Chapter 39,
144	144	indicating financial performance that is lower than satisfactory
145	145	for any three of the five preceding school years;
146	146	(3) the charter holder has been assigned any
147	147	combination of the ratings described by Subdivision (1) or (2) for
148	148	any three of the five preceding school years; or
149	149	(4) any campus operating under the charter has been
150	150	assigned the lowest performance rating under Subchapter C, Chapter
151	151	39, for the three preceding school years and such a campus has not
152	152	been closed.
153	153	SECTION 6. Section 12.115, Education Code, is amended by
154	154	amending Subsection (c) and adding Subsection (c-1) to read as
155	155	follows:
156	156	(c) The commissioner shall revoke the charter of an
157	157	open-enrollment charter school if:
158	158	(1) the charter holder has been assigned an overall
159	159	performance rating of D and is subject to commissioner action under
160	160	Section 39A.117(b), or is otherwise assigned an unacceptable
161	161	performance rating under Subchapter C, Chapter 39, for the three
162	162	preceding school years;
163	163	(2) the charter holder has been assigned a financial
164	164	accountability performance rating under Subchapter D, Chapter 39,
165	165	indicating financial performance lower than satisfactory for the
166	166	three preceding school years; or
167	167	(3) the charter holder has been assigned any
168	168	combination of the ratings described by Subdivision (1) or (2) for
169	169	the three preceding school years.
170	170	(c-1) The commissioner shall include an overall needs
171	171	improvement performance rating designated as a D rating as an
172	172	unacceptable performance rating under Subsection (c)(1) and as
173	173	provided by Section 39A.117(a). Section 39A.117(c) does not apply
174	174	to a determination under this section and an overall D rating that
175	175	does not satisfy Section 39A.117(a) constitutes an unacceptable
176	176	performance.
177	177	SECTION 7. Section 12A.001(b), Education Code, is amended
178	178	to read as follows:
179	179	(b) A school district is eligible for designation as a
180	180	district of innovation only if the district's most recent
181	181	performance rating under Section 39.054 reflects a [at least
182	182	acceptable] performance rating of C or higher.
183	183	SECTION 8. Sections 12A.008(a) and (c), Education Code, are
184	184	amended to read as follows:
185	185	(a) The commissioner may terminate a district's designation
186	186	as a district of innovation if the district receives for two
187	187	consecutive school years:
188	188	(1) an overall performance rating of D and is subject
189	189	to action under Section 39A.117(b) or is otherwise assigned an
190	190	unacceptable academic performance rating under Section 39.054;
191	191	(2) an unacceptable financial accountability rating
192	192	under Section 39.082; or
193	193	(3) any combination of one or more D ratings or [an]
194	194	unacceptable ratings under Subdivision (1) and one or more
195	195	unacceptable ratings under Subdivision (2) [academic performance
196	196	rating under Section 39.054 for one of the school years and an
197	197	unacceptable financial accountability rating under Section 39.082
198	198	for the other school year].
199	199	(c) The commissioner shall terminate a district's
200	200	designation as a district of innovation if the district receives
201	201	for three consecutive school years:
202	202	(1) an overall performance rating of D and is subject
203	203	to action under Section 39A.117(b) or is otherwise assigned an
204	204	unacceptable [academic] performance rating under Section 39.054;
205	205	(2) an unacceptable financial accountability rating
206	206	under Section 39.082; or
207	207	(3) any combination of one or more D ratings or
208	208	unacceptable ratings under Subdivision (1) and one or more
209	209	unacceptable ratings under Subdivision (2).
210	210	SECTION 9. Section 13.054, Education Code, is amended by
211	211	adding Subsection (a-1) to read as follows:
212	212	(a-1) The commissioner shall incorporate an overall D
213	213	rating as an unacceptable performance rating for purposes of
214	214	Subsection (a), in accordance with Section 39A.117(a), except that
215	215	the commissioner may apply Section 39A.117(c) if the overall D
216	216	rating meets the requirements of Section 39A.117(a). An overall D
217	217	rating that does not satisfy Section 39A.117(a) shall constitute
218	218	unacceptable performance for purposes of Subsection (a).
219	219	SECTION 10. Section 21.453(b), Education Code, is amended
220	220	to read as follows:
221	221	(b) The commissioner may allocate funds from the account to
222	222	regional education service centers to provide staff development
223	223	resources to school districts that:
224	224	(1) are rated academically unacceptable or are
225	225	assigned an overall needs improvement rating and are subject to
226	226	commissioner action under Section 39A.117(b);
227	227	(2) have one or more campuses rated as academically
228	228	unacceptable or are assigned an overall needs improvement rating
229	229	and are subject to commissioner action under Section 39A.117(b); or
230	230	(3) are otherwise in need of assistance as indicated
231	231	by the academic performance of students, as determined by the
232	232	commissioner.
233	233	SECTION 11. Section 29.202(a), Education Code, is amended
234	234	to read as follows:
235	235	(a) A student is eligible to receive a public education
236	236	grant or to attend another public school in the district in which
237	237	the student resides under this subchapter if the student is
238	238	assigned to attend a public school campus assigned an overall
239	239	performance rating of D and is subject to commissioner action under
240	240	Section 39A.117(b) or is otherwise assigned an unacceptable
241	241	performance rating that is made publicly available under Section
242	242	39.054 for:
243	243	(1) the student achievement domain under Section
244	244	39.053(c)(1); and
245	245	(2) the school progress domain under Section
246	246	39.053(c)(2).
247	247	SECTION 12. Section 30A.101(a), Education Code, is amended
248	248	to read as follows:
249	249	(a) A school district or open-enrollment charter school is
250	250	eligible to act as a course provider under this chapter only if the
251	251	district or school has received an overall performance rating of C
252	252	or higher [is rated acceptable] under Section 39.054. An
253	253	open-enrollment charter school may serve as a course provider only:
254	254	(1) to a student within its service area; or
255	255	(2) to another student in the state:
256	256	(A) through an agreement with the school district
257	257	in which the student resides; or
258	258	(B) if the student receives educational services
259	259	under the supervision of a juvenile probation department, the Texas
260	260	Juvenile Justice Department, or the Texas Department of Criminal
261	261	Justice, through an agreement with the applicable agency.
262	262	SECTION 13. Section 39.052, Education Code, is amended by
263	263	adding Subsection (b-1) to read as follows:
264	264	(b-1) The commissioner shall incorporate an overall
265	265	performance rating of D as an unacceptable performance rating under
266	266	Subsection (b)(1)(A) in accordance with Section 39A.117(b).
267	267	SECTION 14. Section 39.201(b), Education Code, is amended
268	268	to read as follows:
269	269	(b) A district or campus may not be awarded a distinction
270	270	designation under this subchapter unless the district or campus is
271	271	assigned an overall performance rating of C or higher [has
272	272	acceptable performance] under Section 39.054.
273	273	SECTION 15. Section 39.306(a), Education Code, is amended
274	274	to read as follows:
275	275	(a) Each board of trustees shall publish an annual report
276	276	describing the educational performance of the district and of each
277	277	campus in the district that includes uniform student performance
278	278	and descriptive information as determined under rules adopted by
279	279	the commissioner. The annual report must also include:
280	280	(1) campus performance objectives established under
281	281	Section 11.253 and the progress of each campus toward those
282	282	objectives, which shall be available to the public;
283	283	(2) information indicating the district's
284	284	accreditation status and identifying each district campus awarded a
285	285	distinction designation under Subchapter G or each district campus
286	286	that has received an overall performance rating of D or is otherwise
287	287	considered an unacceptable campus under Chapter 39A;
288	288	(3) the district's current special education
289	289	compliance status with the agency;
290	290	(4) a statement of the number, rate, and type of
291	291	violent or criminal incidents that occurred on each district
292	292	campus, to the extent permitted under the Family Educational Rights
293	293	and Privacy Act of 1974 (20 U.S.C. Section 1232g);
294	294	(5) information concerning school violence prevention
295	295	and violence intervention policies and procedures that the district
296	296	is using to protect students;
297	297	(6) the findings that result from evaluations
298	298	conducted under the Safe and Drug-Free Schools and Communities Act
299	299	of 1994 (20 U.S.C. Section 7101 et seq.);
300	300	(7) information received under Section 51.403(e) for
301	301	each high school campus in the district, presented in a form
302	302	determined by the commissioner; and
303	303	(8) the progress of the district and each campus in the
304	304	district toward meeting the goals set in the district's:
305	305	(A) early childhood literacy and mathematics
306	306	proficiency plans adopted under Section 11.185; and
307	307	(B) college, career, and military readiness
308	308	plans adopted under Section 11.186.
309	309	SECTION 16. Section 39.333, Education Code, is amended to
310	310	read as follows:
311	311	Sec. 39.333. REGIONAL AND DISTRICT LEVEL REPORT. As part of
312	312	the comprehensive biennial report under Section 39.332, the agency
313	313	shall submit a regional and district level report covering the
314	314	preceding two school years and containing:
315	315	(1) a summary of school district compliance with the
316	316	student/teacher ratios and class-size limitations prescribed by
317	317	Sections 25.111 and 25.112, including:
318	318	(A) the number of campuses and classes at each
319	319	campus granted an exception from Section 25.112; and
320	320	(B) for each campus granted an exception from
321	321	Section 25.112, a statement of whether the campus has been awarded a
322	322	distinction designation under Subchapter G or has been assigned an
323	323	overall campus performance rating of D or has otherwise been
324	324	identified as an unacceptable campus under Chapter 39A;
325	325	(2) a summary of the exemptions and waivers granted to
326	326	campuses and school districts under Section 7.056 or 39.232 and a
327	327	review of the effectiveness of each campus or district following
328	328	deregulation;
329	329	(3) an evaluation of the performance of the system of
330	330	regional education service centers based on the indicators adopted
331	331	under Section 8.101 and client satisfaction with services provided
332	332	under Subchapter B, Chapter 8;
333	333	(4) an evaluation of accelerated instruction programs
334	334	offered under Section 28.006, including an assessment of the
335	335	quality of such programs and the performance of students enrolled
336	336	in such programs; and
337	337	(5) the number of classes at each campus that are
338	338	currently being taught by individuals who are not certified in the
339	339	content areas of their respective classes.
340	340	SECTION 17. Section 39.361, Education Code, is amended to
341	341	read as follows:
342	342	Sec. 39.361. NOTICE IN STUDENT GRADE REPORT. The first
343	343	written notice of a student's performance that a school district
344	344	gives during a school year as required by Section 28.022(a)(2) must
345	345	include:
346	346	(1) a statement of whether the campus at which the
347	347	student is enrolled has been awarded a distinction designation
348	348	under Subchapter G or has been assigned an overall performance
349	349	rating of D or has otherwise been identified as an unacceptable
350	350	campus under Chapter 39A; and
351	351	(2) an explanation of the significance of the
352	352	information provided under Subdivision (1).
353	353	SECTION 18. Section 39A.001, Education Code, is amended to
354	354	read as follows:
355	355	Sec. 39A.001. GROUNDS FOR COMMISSIONER ACTION. (a) The
356	356	commissioner shall take any of the actions authorized by this
357	357	subchapter to the extent the commissioner determines necessary if:
358	358	(1) a school district does not satisfy:
359	359	(A) the accreditation criteria under Section
360	360	39.052;
361	361	(B) the academic performance standards under
362	362	Section 39.053 or 39.054; or
363	363	(C) any financial accountability standard as
364	364	determined by commissioner rule; or
365	365	(2) the commissioner considers the action to be
366	366	appropriate on the basis of a special accreditation investigation
367	367	under Section 39.057.
368	368	(b) The commissioner shall consider an overall performance
369	369	rating of D as an unacceptable performance rating for purposes of
370	370	Subsection (a)(2), in accordance with Section 39A.117.
371	371	SECTION 19. Section 39A.004, Education Code, is amended to
372	372	read as follows:
373	373	Sec. 39A.004. APPOINTMENT OF BOARD OF MANAGERS. (a) The
374	374	commissioner may appoint a board of managers to exercise the powers
375	375	and duties of a school district's board of trustees if the district
376	376	is subject to commissioner action under Section 39A.001 and:
377	377	(1) has a current accreditation status of
378	378	accredited-warned or accredited-probation;
379	379	(2) fails to satisfy any standard under Section
380	380	39.054(e); or
381	381	(3) fails to satisfy financial accountability
382	382	standards as determined by commissioner rule.
383	383	(b) The commissioner shall consider an overall performance
384	384	rating of D as an unacceptable performance rating for purposes of
385	385	Subsection (a)(2), in accordance with Section 39A.117.
386	386	SECTION 20. Section 39A.005, Education Code, is amended by
387	387	adding Subsection (a-1) to read as follows:
388	388	(a-1) The commissioner shall consider an overall
389	389	performance rating of D as an unacceptable performance rating for
390	390	purposes of Subsection (a)(2), in accordance with Section 39A.117.
391	391	SECTION 21. Section 39A.051, Education Code, is amended by
392	392	adding Subsection (a-1) to read as follows:
393	393	(a-1) The commissioner shall consider an overall
394	394	performance rating of D as an unacceptable performance rating for
395	395	purposes of Subsection (a), in accordance with Section 39A.117.
396	396	SECTION 22. Section 39A.0545, Education Code, is
397	397	transferred to Subchapter C, Chapter 39A, Education Code,
398	398	redesignated as Section 39A.117, Education Code, and amended to
399	399	read as follows:
400	400	Sec. 39A.117 [39A.0545]. NEEDS IMPROVEMENT RATING. (a)
401	401	Notwithstanding any other law, if a school district or campus is
402	402	assigned an overall [or domain] performance rating of D and in the
403	403	previous school year the district or campus received an overall
404	404	rating of C or higher:
405	405	(1) the commissioner shall order the district or
406	406	campus to develop and implement a targeted improvement plan
407	407	approved by the board of trustees of the district; and
408	408	(2) the rating may not be included in calculating
409	409	consecutive school years of unacceptable performance and is not
410	410	considered a break in consecutive school years of unacceptable
411	411	performance [interventions and sanctions provided by this chapter
412	412	based on failure to satisfy performance standards under Section
413	413	39.054(e) apply to the district or campus only as provided by this
414	414	section].
415	415	(b) The interventions and sanctions provided by this title
416	416	[chapter] based on failure to satisfy performance standards under
417	417	Section 39.054(e) apply to a district or campus assigned an overall
418	418	performance rating of D, except as otherwise provided by
419	419	Subsections (a) and (c) [ordered to develop and implement a
420	420	targeted improvement plan under Subsection (a) only if the district
421	421	or campus is assigned:
422	422	[(1) an overall or domain performance rating of F; or
423	423	[(2) an overall performance rating of D as provided by
424	424	Subsection (c)].
425	425	(c) The commissioner is not required to take action under
426	426	Section 39.052(c)(2) or 39A.111, if [If] a school district or
427	427	campus is assigned an overall performance rating of D for a school
428	428	year after the district or campus is ordered to develop and
429	429	implement a targeted improvement plan under Subsection (a).
430	430	(c-1) For a district or campus described by Subsection (c),
431	431	the commissioner may [shall] implement any other interventions and
432	432	sanctions under this title, including closure and the appointment
433	433	of a board of managers, and [that apply to an unacceptable campus
434	434	and those] interventions and sanctions previously implemented by
435	435	the commissioner shall continue. An action taken by the
436	436	commissioner under this subsection does not affect the
437	437	determination of a district's or campus's consecutive school years
438	438	of unacceptable performance [for each consecutive school year
439	439	thereafter in which the campus is assigned an overall performance
440	440	rating of D].
441	441	[(d) The commissioner shall adopt rules as necessary to
442	442	implement this section.]
443	443	SECTION 23. This Act applies beginning with the 2021-2022
444	444	school year.
445	445	SECTION 24. In determining consecutive years of the overall
446	446	performance rating of a school district or campus, a performance
447	447	rating of a D or F issued before this Act takes effect applies to the
448	448	determination of consecutive years of overall performance rating.
449	449	SECTION 25. This Act takes effect September 1, 2021.