Texas 2021 - 87th Regular

Texas Senate Bill SB1645 Latest Draft

Bill / Introduced Version Filed 03/11/2021

                            87R7654 CAE-D
 By: Taylor S.B. No. 1645


 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.