89R12838 AMF-F
By: Bettencourt, et al. S.B. No. 1962
A BILL TO BE ENTITLED
AN ACT
relating to public school accountability and actions and other
proceedings challenging the operations of the public school system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.057(d), Education Code, is amended to
read as follows:
(d) A person aggrieved by an action of the agency or
decision of the commissioner under this section may appeal to a
district court in Travis County. An appeal must be made by serving
the commissioner with citation issued and served in the manner
provided by law for civil suits. The petition must state the action
or decision from which the appeal is taken. At trial, the court
shall determine all issues of law and fact, except as provided by
Section 33.081(g).
SECTION 2. Section 11.182(b), Education Code, is amended to
read as follows:
(b) A board of trustees may determine whether to use the
evaluation tool, except as required by Section 39A.002 [39.102(a)].
SECTION 3. Section 39.023(a-11), Education Code, is amended
to read as follows:
(a-11) Before an assessment instrument adopted or developed
under Subsection (a) may be administered under that subsection, the
assessment instrument must, on the basis of empirical evidence, be
determined to be valid and reliable by the advisory committees
established under Section 39.02302 or an entity that is, as
determined by the commissioner, independent of the agency and of
any other entity that developed the assessment instrument.
SECTION 4. Section 39.054(b-1), Education Code, is
transferred to Section 39.052, Education Code, redesignated as
Section 39.052(b-1), Education Code, and amended to read as
follows:
(b-1) Consideration of the effectiveness of district
programs under Subsection (b)(2)(B) [Section 39.052(b)(2)(B)] or
(C):
(1) must:
(A) be based on data collected through the Public
Education Information Management System (PEIMS) for purposes of
accountability under this chapter; and
(B) include the results of assessments required
under Section 39.023; and
(2) may be based on the results of a special
investigation conducted under Section 39.003.
SECTION 5. Section 39.053, Education Code, is amended by
amending Subsections (a), (c), and (f) and adding Subsections
(c-4), (f-1), (f-2), (f-3), and (f-4) to read as follows:
(a) The commissioner shall adopt a set of indicators of the
quality of learning and achievement, including the indicators under
Subsection (c). The commissioner periodically shall review the
indicators for the consideration of appropriate revisions and may,
if the commissioner determines an indicator otherwise required
under this subchapter is not valid or reliable, exclude the
indicator from the set of indicators adopted under this section.
(c) School districts and campuses must be evaluated based on
three domains of indicators of achievement adopted under this
section that include:
(1) in the student achievement domain, indicators of
student achievement that must include:
(A) for evaluating the performance of districts
and campuses generally:
(i) an indicator that accounts for the
results of assessment instruments required under Sections
39.023(a), (c), and (l), as applicable for the district and campus,
including the results of assessment instruments required for
graduation retaken by a student, aggregated across grade levels by
subject area, including:
(a) for the performance standard
determined by the commissioner under Section 39.0241(a), the
percentage of students who performed satisfactorily on the
assessment instruments, aggregated across grade levels by subject
area; and
(b) for the college readiness
performance standard as determined under Section 39.0241, the
percentage of students who performed satisfactorily on the
assessment instruments, aggregated across grade levels by subject
area; and
(ii) an indicator that accounts for the
results of assessment instruments required under Section
39.023(b), as applicable for the district and campus, including the
percentage of students who performed satisfactorily on the
assessment instruments, as determined by the performance standard
adopted by the agency, aggregated across grade levels by subject
area; and
(B) for evaluating the performance of high school
campuses and districts that include high school campuses,
indicators that account for:
(i) students who satisfy the Texas Success
Initiative (TSI) college readiness benchmarks prescribed by the
Texas Higher Education Coordinating Board under Section 51.334 on
an assessment instrument in reading or mathematics designated by
the coordinating board under that section;
(ii) students who satisfy relevant
performance standards on advanced placement tests or similar
assessments;
(iii) students who earn dual course credits
in the dual credit courses;
(iv) students who demonstrate military
readiness:
(a) through verified enlistment
[enlist] in the armed forces of the United States or the Texas
National Guard; or
(b) by achieving a passing score set
by the commissioner on the Armed Services Vocational Aptitude
Battery Test and successfully completing a Junior Reserve Officer
Training Corps program;
(v) students who earn industry
certifications;
(vi) students admitted into postsecondary
industry certification programs that require as a prerequisite for
entrance successful performance at the secondary level;
(vii) students whose successful completion
of a course or courses under Section 28.014 indicates the student's
preparation to enroll and succeed, without remediation, in an
entry-level general education course for a baccalaureate degree or
associate degree;
(viii) students who successfully met
standards on a composite of indicators that through research
indicates the student's preparation to enroll and succeed, without
remediation, in an entry-level general education course for a
baccalaureate degree or associate degree;
(ix) high school graduation rates, computed
in accordance with standards and definitions adopted in compliance
with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
subject to the exclusions provided by Subsections (g), (g-1),
(g-2), (g-3), and (g-4);
(x) students who successfully completed an
OnRamps dual enrollment course;
(xi) students who successfully completed a
practicum or internship approved by the State Board of Education;
(xii) students who are awarded an associate
degree; and
(xiii) students who successfully completed
a program of study in career and technical education;
(2) in the school progress domain, indicators for
effectiveness in promoting student learning, which must include:
(A) for assessment instruments, including
assessment instruments under Subdivisions (1)(A)(i) and (ii), the
percentage of students who met the standard for improvement, as
determined by the commissioner; and
(B) for evaluating relative performance, the
performance of districts and campuses compared to similar districts
or campuses; and
(3) in the closing the gaps domain, the use of
disaggregated data to demonstrate the differentials among students
from different racial and ethnic groups, socioeconomic
backgrounds, and other factors, including:
(A) students formerly receiving special
education services;
(B) students continuously enrolled; and
(C) students who are mobile.
(c-4) The agency shall study the college, career, and
military readiness indicators adopted under Subsection (c) to
determine the correlation of each indicator with postsecondary
success, including the correlation of industry certifications with
wages and available jobs. The value assigned to each indicator must
be:
(1) based on the strength of the indicator's
correlation with successful outcomes; and
(2) updated in accordance with Subsection (f-1).
(f) Annually, the commissioner shall define and may modify
the state standards [standard for the current school year] for each
[achievement] indicator adopted under this subchapter in
[section. In] consultation with educators, parents, and business
and industry representatives, as necessary. The [, the]
commissioner shall increase the rigor by which the commissioner
determines the overall performance ratings under Section 39.054(a)
[establish and modify standards] to continuously improve student
performance to, not later than the 15th year after the date the
commissioner modifies the performance standards under Subsection
(f-1), achieve the goals of:
(1) eliminating achievement gaps based on race,
ethnicity, and socioeconomic status; and
(2) ensuring [to ensure] this state ranks nationally
[is a national leader] in the top five states in preparing students
for postsecondary success and on the National Assessment of
Educational Progress or its successor assessment.
(f-1) Beginning with the indicators adopted for the
2027-2028 school year and as required to meet the goals under
Subsection (f), the commissioner shall increase the scores needed
to achieve performance standards on indicators adopted under this
subchapter only every fifth school year unless an indicator adopted
under Subsection (c) requires adjustment before that school year to
ensure consistency of performance standards.
(f-2) To the extent practicable, for each of the two school
years preceding a school year the commissioner increases a score
under Subsection (f-1), the commissioner shall report, in a manner
that can be reviewed by school administrators, the overall
performance of school districts and campuses under that increased
score.
(f-3) In reporting the performance of school districts and
campuses on indicators adopted under this subchapter for a school
year in which the score needed to achieve performance standards on
one or more of those indicators was increased under Subsection
(f-1), the commissioner shall include in the report an
informational report on the performance of districts and campuses
during the preceding school year under the increased score.
(f-4) Notwithstanding Subsection (f), the commissioner may
define state standards for an indicator adopted under this
subchapter for multiple school years provided that the commissioner
annually affirms that those standards are applicable to the current
school year. The commissioner is not required to adopt the
affirmation described by this subsection by rule.
SECTION 6. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0531 to read as follows:
Sec. 39.0531. INDUSTRY CERTIFICATION LIST. (a) The agency
shall maintain a list of industry certifications that are eligible
for purposes of Section 39.053(c)(1)(B)(v). In developing the
list, the agency shall consider the inventory of
industry-recognized certifications developed under Section
312.003, Labor Code. The certifications must:
(1) be aligned to a program of study that, according to
labor market data, prepares students for high-wage, high-skill,
in-demand occupations;
(2) allow students to demonstrate mastery of the
skills required for occupations within an approved program of
study; and
(3) be obtained through an assessment of the knowledge
and skills provided by or determined by an independent, third-party
certifying entity using predetermined standards for knowledge,
skills, and competencies.
(b) The agency shall review the eligibility of industry
certifications under Subsection (a), including whether the
programs of study for those certifications still meet the
requirements under that subsection:
(1) in consultation with the advisory council
established under Chapter 312, Labor Code; and
(2) to the extent practicable, concurrently with the
modification of performance standards under Section 39.053(f-1).
(c) If, after reviewing an industry certification under
Subsection (b), the agency determines the certification is no
longer eligible for purposes of Section 39.053(c)(1)(B)(v) and
should be removed from the list maintained under Subsection (a),
the agency shall, to the extent practicable, post on the agency's
Internet website information regarding the removal of the
certification not later than two years before the date the agency
intends to remove the certification from the list.
(d) During the three years following an agency's
determination under Subsection (c) that an industry certification
is no longer eligible for purposes of Section 39.053(c)(1)(B)(v), a
school district may receive the benefit of achievement indicators
based on that industry certification for purposes of Section
39.053(c) only for a cohort of students who:
(1) were participating in the program of study aligned
with that certification during the school year the agency
determines the certification is no longer eligible; and
(2) earn the certification within the three-year
period.
SECTION 7. Section 39.054, Education Code, is amended by
amending Subsections (a), (a-3), (a-4), (a-5), and (b) and adding
Subsections (a-6), (c), and (d) to read as follows:
(a) Except as provided by Subsection (a-4), the
commissioner shall adopt rules to evaluate school district and
campus performance and, each school year, assign each district and
campus an overall performance rating of A, B, C, D, or F. In
addition to the overall performance rating, each school year, the
commissioner shall assign each district and campus a separate
domain performance rating of A, B, C, D, or F for each domain under
Section 39.053(c). An overall or domain performance rating of A
reflects exemplary performance. An overall or domain performance
rating of B reflects recognized performance. An overall or domain
performance rating of C reflects acceptable performance. An
overall or domain performance rating of D reflects performance that
needs improvement. An overall or domain performance rating of F
reflects unacceptable performance. A district may not receive an
overall or domain performance rating of A if the district includes
any campus with a corresponding overall or domain performance
rating of D or F. If a school district has been approved under
Section 39.0544 to assign campus performance ratings and the
commissioner has not assigned a campus an overall performance
rating of D or F, the commissioner shall assign the campus an
overall performance rating based on the school district assigned
performance rating under Section 39.0544.
(a-3) Except as provided by Subsection (c), not [Not] later
than August 15 of each year, the following information shall be made
publicly available as provided by rules adopted under this
section:
(1) the performance ratings for each school district
and campus; and
(2) if applicable, the number of consecutive school
years of unacceptable performance ratings for each district and
campus.
(a-4) Notwithstanding any other law and except as provided
by Subsection (a-6), the commissioner may assign a school district
or campus an overall performance rating of "Not Rated" if the
commissioner determines that the assignment of a performance rating
of A, B, C, D, or F would be inappropriate because:
(1) the district or campus is located in an area that
is subject to a declaration of a state of disaster under Chapter
418, Government Code, and due to the disaster, performance
indicators for the district or campus are difficult to measure or
evaluate and would not accurately reflect quality of learning and
achievement for the district or campus;
(2) the district or campus has experienced breaches or
other failures in data integrity to the extent that accurate
analysis of data regarding performance indicators is not possible;
(3) the number of students enrolled in the district or
campus is insufficient to accurately evaluate the performance of
the district or campus; or
(4) for other reasons outside the control of the
district or campus, the performance indicators would not accurately
reflect quality of learning and achievement for the district or
campus.
(a-5) Notwithstanding any other law, an overall performance
rating of "Not Rated" is not included in calculating consecutive
school years of unacceptable performance ratings and is not
considered a break in consecutive school years of unacceptable
performance ratings for purposes of any provision of this code. Any
interventions or sanctions to which a school district or campus is
subject under Chapter 39A shall continue during a period in which
the district or campus is assigned an overall performance rating of
"Not Rated."
(a-6) The commissioner may not assign an overall
performance rating of "Not Rated" to all school districts or all
campuses on a statewide basis.
(b) For purposes of assigning school districts and campuses
an overall and a domain performance rating under Subsection (a),
the commissioner shall, to the extent practicable, ensure that the
method used to evaluate performance is implemented in a manner that
provides the mathematical possibility that all districts and
campuses receive an A rating.
(c) The commissioner shall make the information under
Subsection (a-3) available as soon as reasonably possible in years
in which the standards are modified or recalibrated or in which a
new assessment instrument is offered.
(d) Failure to assign a performance rating to a school
district or campus before the deadline provided by Subsection (a-3)
does not invalidate the performance rating assigned to the district
or campus or any resulting intervention or sanction imposed on the
district or campus.
SECTION 8. Section 39.0541, Education Code, is amended to
read as follows:
Sec. 39.0541. ADOPTION OF INDICATORS AND STANDARDS. The
commissioner may adopt indicators and standards under this
subchapter at any time [during a school year] before issuing the
evaluation of a school district or campus.
SECTION 9. Section 39.0542, Education Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) The [Each school year, the] commissioner shall provide
each school district a document in a simple, accessible format that
explains the accountability performance measures, methods, and
procedures that will be applied [for that school year] in assigning
each school district and campus a performance rating under Section
39.054.
(d) Failure to provide the document described by Subsection
(a) does not prevent the assignment of performance ratings under
Section 39.054 and may not be the basis of a challenge to a
performance rating assigned under that section.
SECTION 10. Section 39.151(e), Education Code, is amended
to read as follows:
(e) A school district or open-enrollment charter school may
not challenge on any basis, including a lack of commissioner or
agency authority, an agency decision relating to an academic or
financial accountability rating under this chapter, including a
decision relating to a determination of consecutive school years of
unacceptable performance ratings, in another proceeding unless
[if] the district or school has exhausted the district's or school's
remedies [had an opportunity to challenge the decision] under this
section.
SECTION 11. Section 39.201(a), Education Code, is amended
to read as follows:
(a) The [Not later than August 8 of each year, the]
commissioner shall award distinction designations for outstanding
performance as provided by this subchapter concurrently with the
assignment of performance ratings under Section 39.054. A
distinction designation awarded to a district or campus under this
subchapter shall be referenced directly in connection with the
performance rating assigned to the district or campus and made
publicly available together with the performance ratings as
provided by rules adopted under Section 39.054 [39.054(a)].
SECTION 12. Subchapter H, Chapter 39, Education Code, is
amended by adding Section 39.231 to read as follows:
Sec. 39.231. LOCAL ACCOUNTABILITY GRANT PROGRAM. (a) From
money appropriated or otherwise available for the purpose, the
agency shall establish a grant program with capacity to assist at
least one school district per education service center region in
developing a local accountability system that complies with the
requirements of Section 39.0544.
(b) The commissioner shall adopt rules to implement this
section.
SECTION 13. Section 39A.001, Education Code, is amended to
read as follows:
Sec. 39A.001. GROUNDS FOR COMMISSIONER ACTION. 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 investigation under Section
39.003; or
(3) a school district initiates or maintains an action
or proceeding against the state or an agency or officer of the
state.
SECTION 14. Subchapter A, Chapter 39A, Education Code, is
amended by adding Section 39A.008 to read as follows:
Sec. 39A.008. INTERVENTION RELATED TO SCHOOL DISTRICT OR
OPEN-ENROLLMENT CHARTER SCHOOL ACTION OR PROCEEDING AGAINST STATE.
(a) This section applies to a school district or open-enrollment
charter school subject to commissioner action under Section
39A.001(3).
(b) The commissioner shall appoint a conservator to a school
district or open-enrollment charter school to which this section
applies.
(c) The conservator appointed under Subsection (b) shall
require the school district or open-enrollment charter school to
demonstrate, by a deadline established by the conservator, that the
district or school is in compliance with Sections 45.105(c-1) and
45.1051. If the conservator determines that the district or school
is not in compliance with those sections, the conservator shall
order the district or school to, as applicable:
(1) withdraw from the action or proceeding; or
(2) take the necessary actions to come into compliance
with Section 45.1051.
(d) If a school district or open-enrollment charter school
fails to comply with an order by the conservator by the deadline
established by the conservator, the commissioner may:
(1) for a school district, appoint a board of managers
to oversee the operations of the district; or
(2) for an open-enrollment charter school, order
reconstitution of the school's governing board.
(e) An action taken or decision made by the commissioner or
a conservator under this section is final and not subject to appeal
under Section 7.057, Chapter 39, or this chapter.
SECTION 15. Subchapter Z, Chapter 39A, Education Code, is
amended by adding Sections 39A.908 and 39A.909 to read as follows:
Sec. 39A.908. INTERVENTIONS AND SANCTIONS WHILE ASSIGNMENT
OF PERFORMANCE RATINGS ENJOINED. (a) Notwithstanding any other
law, during a period in which the agency is enjoined from assigning
performance ratings to a school district, open-enrollment charter
school, or district or school campus, any previously imposed
interventions or sanctions to which the district, school, or campus
is subject shall continue throughout that period.
(b) As soon as practicable after the dissolution of an
injunction described by Subsection (a), the agency shall:
(1) assign performance ratings for each school year
and to each school district, open-enrollment charter school, and
district or school campus for which the agency was enjoined from
assigning performance ratings; and
(2) as applicable, impose any appropriate
interventions or sanctions authorized under this chapter based on
the ratings assigned under Subdivision (1).
(c) Notwithstanding any other law, if the agency is
permanently enjoined from assigning performance ratings to a school
district, open-enrollment charter school, or district or school
campus for a school year, the agency shall consider the district,
school, or campus to have received a "Not Rated" rating for that
school year for purposes of:
(1) calculating consecutive years of performance; and
(2) determining whether to impose an intervention or
sanction authorized under this chapter.
(d) To ensure the expeditious implementation of
interventions or sanctions under this chapter, the agency may
modify or waive a deadline or time frame required by law or agency
rule applicable to the assignment of performance ratings for a
school year for which the agency was enjoined from assigning
performance ratings.
(e) Except as provided by Subsection (f) and Section
39A.909, the agency shall impose an intervention or sanction
described by Subsection (b)(2) or (c)(2) as required by law unless
the intervention or sanction, as determined by the commissioner:
(1) has been superseded by a subsequent intervention
or sanction; or
(2) may be removed based on the subsequent performance
of a school district, open-enrollment charter school, or district
or school campus.
(f) The commissioner shall impose an intervention described
by Section 12.115(c), 39A.004, or 39A.111, as applicable, on a
school district, open-enrollment charter school, or district or
school campus if the district, school, or campus would have been
subject to commissioner action under the applicable section based
on the performance rating of the district, school, or campus for a
school year for which the agency was enjoined from assigning
performance ratings, regardless of the performance of the district,
school, or campus in a subsequent school year.
(g) The commissioner shall revoke a charter holder's
charter for an open-enrollment charter school for which the charter
holder received a charter renewal based on the absence of a
performance rating for a school year for which the agency was
enjoined from assigning a performance rating if, after the
assignment of performance ratings for that year, the charter would
not have been renewed under Section 12.1141(d), regardless of the
performance of the school in a subsequent school year.
Sec. 39A.909. INTERVENTIONS OR SANCTIONS RELATED TO
2022-2023 OR 2023-2024 SCHOOL YEAR PERFORMANCE RATINGS. (a) The
commissioner shall appoint a board of managers to govern a school
district or open-enrollment charter school as provided by Section
39A.202 if the district or school:
(1) brought or joined an action or proceeding to
prevent the implementation of the public school accountability
system under Chapter 39 for the 2022-2023 or 2023-2024 school year;
and
(2) includes a campus that, based on the campus's
performance rating for the school year in which the district or
school brought or joined the action or proceeding described by
Subdivision (1), would have been subject to commissioner action
under Section 39A.111.
(b) Notwithstanding any other law, the commissioner shall
impose an intervention described by Section 39A.107(c) on a school
district or open-enrollment charter school if the district or
school:
(1) brought or joined an action or proceeding to
prevent the implementation of the public school accountability
system under Chapter 39 for the 2022-2023 or 2023-2024 school year;
and
(2) includes a campus that, based on the campus's
performance rating for the school year in which the district or
school brought or joined the action or proceeding described by
Subdivision (1), would have constituted the second, third, or
fourth consecutive year of unacceptable performance.
(c) The commissioner shall impose an intervention described
by Section 12.115(c), 39A.004, or 39A.111, as applicable, on a
school district, open-enrollment charter school, or district or
school campus if the district, school, or campus would have been
subject to commissioner action under the applicable section based
on the performance rating of the district, school, or campus for the
2022-2023 or 2023-2024 school year, regardless of the performance
of the district, school, or campus in a subsequent school year.
(d) The commissioner shall revoke a charter holder's
charter for an open-enrollment charter school for which the charter
holder received a charter renewal based on the absence of a
performance rating for the 2022-2023 or 2023-2024 school year if,
after the assignment of performance ratings for those years, the
charter would not have been renewed under Section 12.1141(d),
regardless of the performance of the school in a subsequent school
year.
SECTION 16. Section 45.105(c-1), Education Code, is amended
to read as follows:
(c-1) Notwithstanding any other law, federal, state, or
local funding, including funding under Chapters 46, 48, and 49,
[Funds described by Subsection (c)] may not be used to initiate or
maintain any action or proceeding against the state or an agency or
officer of the state, including an action or proceeding that
includes a claim of ultra vires conduct [arising out of a decision,
order, or determination that is final and unappealable under a
provision of this code], except that funds may be used for an action
or proceeding that is specifically authorized by a provision of
this code or by Section 2001.038, Government Code [a rule adopted
under this code and that results in a final and unappealable
decision, order, or determination].
SECTION 17. Subchapter E, Chapter 45, Education Code, is
amended by adding Section 45.1051 to read as follows:
Sec. 45.1051. LIMITATION ON ATTORNEY PAYMENTS FOR CERTAIN
ACTIONS. (a) If a school district or open-enrollment charter
school brings an action against the agency, the State Board of
Education, or the State Board for Educator Certification or an
agent or officer of those entities that alleges ultra vires conduct
by the entity or an agent or officer of the entity, the district or
school must deposit all payments relating to the action made to the
district's or school's attorney in an escrow account. The district
or school may use money deposited in the escrow account to pay the
district's or school's attorney only:
(1) after:
(A) a final judgment is rendered; and
(B) all appeals are fully resolved; and
(2) if the district or school prevails in the action.
(b) A school district or open-enrollment charter school
shall provide money deposited in an escrow account under this
section that may not be paid to the district's or school's attorney
under Subsection (a) after the rendering of a final judgment and the
resolution of all appeals to the state for deposit in the foundation
school fund.
(c) This section may not be interpreted to authorize an
action not otherwise authorized by law.
SECTION 18. Section 22A.001(a), Government Code, is amended
to read as follows:
(a) The attorney general may petition the chief justice of
the supreme court to convene a special three-judge district court
in any suit filed in a district court in this state in which this
state or a state officer or agency is a defendant in a claim that:
(1) challenges the finances or operations of this
state's public school system, including challenges to the
implementation of the public school accountability system under
Chapter 39, Education Code; or
(2) involves the apportionment of districts for the
house of representatives, the senate, the State Board of Education,
or the United States Congress, or state judicial districts.
SECTION 19. The heading to Section 312.003, Labor Code, is
amended to read as follows:
Sec. 312.003. INVENTORY OF CERTIFICATIONS [CREDENTIALS AND
CERTIFICATES].
SECTION 20. Sections 312.003(a), (b), (c), and (d), Labor
Code, are amended to read as follows:
(a) The advisory council shall develop an inventory of
industry-recognized certifications [credentials and certificates]
that may be earned by a public high school student through a career
and technology education program and that:
(1) are aligned to state and regional workforce needs;
[and]
(2) serve as an entry point to middle- and high-wage
jobs; and
(3) meet the requirements of Section 39.0531(a),
Education Code.
(b) The inventory must include for each certification
[credential or certificate]:
(1) the associated career cluster;
(2) the awarding entity;
(3) the level of education required and any additional
requirements for the certification [credential or certificate];
(4) any fees for obtaining the certification
[credential or certificate]; and
(5) the average wage or salary for jobs that require or
prefer the certification [credential or certificate].
(c) In developing the inventory, the advisory council may
consult with local workforce boards, the Texas Workforce Investment
Council, the Texas Economic Development and Tourism Office, the
Texas Education Agency, and the Texas Higher Education Coordinating
Board.
(d) The advisory council shall establish a process for
developing the inventory, including the criteria for the inclusion
of a certification [credential or certificate] in the inventory.
SECTION 21. Section 15, Chapter 925 (S.B. 1566), Acts of the
85th Legislature, Regular Session, 2017, which amended Section
39.102(a), Education Code, is repealed.
SECTION 22. The changes in law made by Sections
39.023(a-11), 39.053(a), 39.054, 39.0541, and 39.0542, Education
Code, as amended by this Act, apply to an action or determination
related to public school accountability and accountability ratings
beginning with the 2022-2023 school year, regardless of whether the
action or determination occurred before, on, or after the effective
date of this Act.
SECTION 23. The changes in law made by Section 39.053,
Education Code, as amended by this Act, and Section 39.0531,
Education Code, as added by this Act, apply to accountability
ratings beginning with the 2027-2028 school year.
SECTION 24. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2025.