Bill Text: TX HB3270 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to public school organization, accountability, and fiscal management.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2021-05-06 - Returned to committee [HB3270 Detail]
Download: Texas-2021-HB3270-Comm_Sub.html
87R19010 E | |||
By: Dutton, King of Hemphill, Huberty, | H.B. No. 3270 | ||
Murphy | |||
Substitute the following for H.B. No. 3270: | |||
By: Dutton | C.S.H.B. No. 3270 |
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relating to public school organization, accountability, and fiscal | ||
management. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. STATE AND LOCAL ORGANIZATION AND GOVERNANCE | ||
SECTION 1.01. Section 7.055, Education Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) Notwithstanding any other law, the commissioner's power | ||
to delegate ministerial and executive functions under Subsection | ||
(b)(5) is a valid delegation of authority. | ||
SECTION 1.02. Section 11.151(b), Education Code, is amended | ||
to read as follows: | ||
(b) Except as provided by Sections 39A.201 and 39A.202, the | ||
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to govern and oversee the management of the public schools of the | ||
district. All powers and duties not specifically delegated by | ||
statute to the agency or to the State Board of Education are | ||
reserved for the trustees, and the agency may not substitute its | ||
judgment for the lawful exercise of those powers and duties by the | ||
trustees. | ||
SECTION 1.03. Section 11.1511(a), Education Code, is | ||
amended to read as follows: | ||
(a) In addition to powers and duties under Section 11.151 or | ||
other law, the board of trustees of an independent school district | ||
has the powers and duties provided by Subsection (b), except as | ||
otherwise provided by Sections 39A.201 and 39A.202. | ||
ARTICLE 2. PUBLIC SCHOOL SYSTEM ACCOUNTABILITY | ||
SECTION 2.01. Chapter 5, Education Code, is amended by | ||
adding Section 5.003 to read as follows: | ||
Sec. 5.003. FINAL AND UNAPPEALABLE. In this title, if an | ||
order, decision, or determination is described as final and | ||
unappealable, no interlocutory or intermediate order, decision, or | ||
determination made or reached before the final order, decision, or | ||
determination may be appealed. | ||
SECTION 2.02. Sections 39.057 and 39.058, Education Code, | ||
are transferred to Subchapter A, Chapter 39, Education Code, | ||
redesignated as Sections 39.003 and 39.004, Education Code, and | ||
amended to read as follows: | ||
Sec. 39.003 [ |
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INVESTIGATIONS. (a) The commissioner may authorize special | ||
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(1) to determine if an academic program offered by a | ||
school district is providing students the quality education to | ||
which students are entitled under Title 1 and this title, including | ||
an investigation regarding: | ||
(A) the proportion of students in each | ||
demographic group participating in the program; | ||
(B) whether an excessive number of students are | ||
participating in a particular program or are being exempted from | ||
state requirements; or | ||
(C) whether all students have equitable access to | ||
the program, including advanced learning options [ |
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(2) [ |
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agency with respect to alleged violations of civil rights or other | ||
requirements imposed on the state by federal law or court order; | ||
(3) regarding a [ |
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practices and fiscal management; | ||
(4) to determine whether a district is complying with | ||
state and federal [ |
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(5) when extraordinary numbers of student placements | ||
in disciplinary alternative education programs, other than | ||
placements under Sections 37.006 and 37.007, are determined; | ||
(6) in response to an allegation involving a conflict | ||
between members of the board of trustees or between the board and | ||
the district administration if it appears that the conflict | ||
involves a violation of a role or duty of the board members or the | ||
administration clearly defined by this code; | ||
(7) regarding educational [ |
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(8) in response to an allegation regarding or an | ||
analysis using a statistical method result indicating a possible | ||
violation of an assessment instrument security procedure | ||
established under Section 39.0301, including for the purpose of | ||
investigating or auditing a school district under that section; | ||
(9) [ |
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evaluated under Section 39.0821 indicate a potential for | ||
significant improvement in resource allocation; | ||
(10) regarding [ |
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(A) through the Public Education Information | ||
Management System (PEIMS); | ||
(B) [ |
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or federal law or rule or court order and that is used by the agency | ||
to make a determination relating to public school accountability, | ||
including accreditation, under this chapter; or | ||
(C) to the agency, including a material | ||
misrepresentation made in the course of a special investigation | ||
under this section; | ||
(11) [ |
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fails to produce, at the request of the agency, evidence or an | ||
investigation report, including an investigation report relating | ||
to an educator who is under investigation by the State Board for | ||
Educator Certification; | ||
(12) regarding whether an improper use of public funds | ||
has occurred; or | ||
(13) [ |
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necessary. | ||
(b) If the agency's findings in an investigation under | ||
Subsection (a)(6) indicate that the board of trustees has observed | ||
a lawfully adopted policy that does not otherwise violate a law or | ||
rule, the agency may not substitute its judgment for that of the | ||
board. | ||
(c) The commissioner may authorize special [ |
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investigations to be conducted in response to repeated complaints | ||
submitted to the agency concerning imposition of excessive | ||
paperwork requirements on classroom teachers. | ||
(d) Based on the results of a special [ |
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investigation, the commissioner may: | ||
(1) take any [ |
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regardless of any requirements applicable to the action that are | ||
provided by that chapter; | ||
(2) lower the school district's accreditation status | ||
or a district's or campus's accountability rating; or | ||
(3) take action under both Subdivisions (1) and (2). | ||
(e) At any time before issuing a report with the agency's | ||
final findings, the commissioner may defer taking an action under | ||
Subsection (d) until: | ||
(1) a person who is a third party, selected by the | ||
commissioner, has reviewed programs or other subjects of an | ||
investigation under this section and submitted a report identifying | ||
problems and proposing solutions; | ||
(2) a district completes a corrective action plan | ||
developed by the commissioner; or | ||
(3) the completion of actions under both Subdivisions | ||
(1) and (2). | ||
(f) Based on the results of an action taken under Subsection | ||
(e), the commissioner may decline to take the deferred action under | ||
Subsection (d) [ |
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Sec. 39.004 [ |
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INVESTIGATIONS. (a) The agency shall adopt written procedures for | ||
conducting special [ |
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information from district employees in a manner that prevents a | ||
district or campus from screening the information. The agency | ||
shall make the procedures available on the agency Internet website. | ||
Agency staff must be trained in the procedures and must follow the | ||
procedures in conducting the special [ |
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investigation. | ||
(a-1) If the agency determines that it is necessary to | ||
protect the welfare of the witness, the agency may classify the | ||
identity of a witness as confidential and not subject to disclosure | ||
to the district or under Chapter 552, Government Code. | ||
(b) After completing a special [ |
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investigation, the agency shall present preliminary findings to any | ||
person or entity the agency finds has violated a law, rule, or | ||
policy. Before issuing a report with its final findings, the agency | ||
must provide a person or entity the agency finds has violated a law, | ||
rule, or policy an opportunity for an informal review by the | ||
commissioner or the commissioner's designee [ |
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(c) An informal review under this section is not a contested | ||
case for purposes of Chapter 2001, Government Code, and a | ||
determination or decision made by the agency under this section is | ||
final and unappealable. | ||
SECTION 2.03. Section 39.054, Education Code, is amended by | ||
amending Subsections (a), (a-3), and (b-1) and adding Subsections | ||
(a-4) and (a-5) to read as follows: | ||
(a) Except as provided by Subsection (a-4), the [ |
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commissioner shall adopt rules to evaluate school district and | ||
campus performance and assign each district and campus an overall | ||
performance rating of A, B, C, D, or F. In addition to the overall | ||
performance rating, 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 reference in | ||
law to an acceptable rating or acceptable performance includes an | ||
overall or domain performance rating of A, B, C, or D or performance | ||
that is exemplary, recognized, or acceptable performance or | ||
performance that needs improvement. | ||
(a-3) Not later than August 15 of each year, the following | ||
information [ |
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be made publicly available as provided by rules adopted under this | ||
section: | ||
(1) the performance ratings of 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, 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 and is not considered a break in consecutive school | ||
years for purposes of Chapter 39A. | ||
(b-1) Consideration of the effectiveness of district | ||
programs under 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 | ||
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SECTION 2.04. Sections 39.151(a), (b), and (e), Education | ||
Code, are amended to read as follows: | ||
(a) The commissioner by rule shall provide a process for a | ||
school district or open-enrollment charter school to challenge an | ||
agency decision made under this chapter relating to an academic or | ||
financial accountability rating that affects the district or | ||
school, including a determination of consecutive school years of | ||
unacceptable performance ratings. | ||
(b) The rules under Subsection (a) must provide for the | ||
commissioner to appoint a committee to make recommendations to the | ||
commissioner on a challenge made to an agency decision relating to | ||
an academic performance rating or determination, including a | ||
determination of consecutive school years of unacceptable | ||
performance ratings, or financial accountability rating. The | ||
commissioner may not appoint an agency employee as a member of the | ||
committee. | ||
(e) A school district or open-enrollment charter school may | ||
not challenge 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 if the | ||
district or school has had an opportunity to challenge the decision | ||
under this section. | ||
SECTION 2.05. Section 39A.003, Education Code, is amended | ||
by adding Subsection (d) to read as follows: | ||
(d) A conservator or management team may exercise the powers | ||
and duties defined by the commissioner under Subsection (a) or | ||
described by Subsection (c) regardless of whether the conservator | ||
or management team was appointed to oversee the operations of a | ||
school district in its entirety or the operations of a certain | ||
campus within the district. | ||
SECTION 2.06. Sections 39A.006(a) and (b), Education Code, | ||
are amended to read as follows: | ||
(a) This section applies: | ||
(1) regardless of whether a school district has | ||
satisfied the accreditation criteria; and | ||
(2) to a conservator or management team appointed | ||
under any provision of this title, regardless of the scope or any | ||
changes to the scope of the conservator's or team's oversight. | ||
(b) If for two consecutive school years, including the | ||
current school year, a school district has had a conservator or | ||
management team assigned to the district or a district campus for | ||
any reason under this title, the commissioner may appoint a board of | ||
managers to exercise the powers and duties of the board of trustees | ||
of the district. | ||
SECTION 2.07. Section 39A.102, Education Code, is amended | ||
by amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) Subject to Subsection (b-1), the [ |
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appoint a monitor, conservator, management team, or board of | ||
managers to the school district to ensure and oversee | ||
district-level support to low-performing campuses and the | ||
implementation of the updated targeted improvement plan. | ||
(b-1) The commissioner shall appoint a conservator to a | ||
school district under Subsection (b) unless and until: | ||
(1) each campus in the district for which a campus | ||
turnaround plan has been ordered under Section 39A.101 receives an | ||
acceptable performance rating for the school year; or | ||
(2) the commissioner determines a conservator is not | ||
necessary. | ||
SECTION 2.08. The heading to Section 39A.110, Education | ||
Code, is amended to read as follows: | ||
Sec. 39A.110. MODIFICATION OF [ |
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PLAN [ |
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SECTION 2.09. Section 39A.110, Education Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) The commissioner may authorize modification of an | ||
approved campus turnaround plan if the commissioner determines that | ||
due to a change in circumstances occurring after the plan's | ||
approval under Section 39A.107, a modification of the plan is | ||
necessary to achieve the plan's objectives. | ||
SECTION 2.10. Section 39A.111, Education Code, is amended | ||
to read as follows: | ||
Sec. 39A.111. CONTINUED UNACCEPTABLE PERFORMANCE RATING. | ||
If a campus is considered to have an unacceptable performance | ||
rating for five [ |
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order: | ||
(1) appointment of a board of managers to govern the | ||
school district as provided by Section 39A.202; or | ||
(2) closure of the campus. | ||
SECTION 2.11. Section 39A.201(a), Education Code, is | ||
amended to read as follows: | ||
(a) Notwithstanding Section 11.151(b) or 11.1511(a) or any | ||
other provision of this code, a [ |
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all of the powers and duties assigned to a board of trustees of a | ||
school district by law, rule, or regulation. | ||
SECTION 2.12. Section 39A.202(a), Education Code, is | ||
amended to read as follows: | ||
(a) Notwithstanding Section 11.151(b) or 11.1511(a) or any | ||
other provision of this code, if [ |
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board of managers to govern a school district: | ||
(1) the powers of the board of trustees of the district | ||
are suspended for the period of the appointment; and | ||
(2) the commissioner shall appoint a district | ||
superintendent. | ||
SECTION 2.13. Section 39A.116, Education Code, is | ||
transferred to Subchapter Z, Chapter 39A, Education Code, | ||
redesignated as Section 39A.906, Education Code, and amended to | ||
read as follows: | ||
Sec. 39A.906 [ |
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decision by the commissioner under Chapter 39 or this chapter | ||
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SECTION 2.14. Subchapter C, Chapter 39A, Education Code, is | ||
amended by adding Section 39A.117 to read as follows: | ||
Sec. 39A.117. INTERVENTION FOR CERTAIN DISTRICTS OR | ||
CAMPUSES. (a) For purposes of this section: | ||
(1) an acceptable performance rating includes any | ||
performance rating considered acceptable under the law and rules in | ||
effect at the time the performance rating was issued; | ||
(2) an unacceptable performance rating includes any | ||
performance rating considered unacceptable under the law and rules | ||
in effect at the time the performance rating was issued; and | ||
(3) a rating of "Not Rated" is not considered an | ||
acceptable or unacceptable performance rating. | ||
(b) As soon as practicable after the effective date of H.B. | ||
3270, Acts of the 87th Legislature, Regular Session, 2021, or | ||
similar legislation, the commissioner shall: | ||
(1) determine the number of consecutive school years | ||
of unacceptable performance ratings for each school district, | ||
open-enrollment charter school, and district or school campus by | ||
determining the number of unacceptable performance ratings | ||
assigned to each school district, open-enrollment charter school, | ||
and district or school campus since the most recent acceptable | ||
performance rating was assigned to the district, school, or campus; | ||
and | ||
(2) order the appointment of a board of managers under | ||
Section 39A.111 for each campus that is determined under | ||
Subdivision (1) to have been assigned an unacceptable performance | ||
rating for more than five school years. | ||
(c) Exemptions from interventions authorized under Sections | ||
11.174 and 28.020 and Section 5, Chapter 919 (H.B. 4205), Acts of | ||
the 86th Legislature, Regular Session, 2019, apply to an | ||
intervention ordered under this section and the commissioner shall | ||
make necessary modifications to an intervention ordered under this | ||
section in accordance with those provisions of law. | ||
(d) This section may not be construed to: | ||
(1) provide a school district or open-enrollment | ||
charter school additional remedies or appellate or other review for | ||
previous interventions, sanctions, or performance ratings ordered | ||
or assigned; or | ||
(2) prohibit the commissioner from taking any action | ||
or ordering any intervention or sanction otherwise authorized by | ||
law. | ||
(e) This section expires September 1, 2027. | ||
SECTION 2.15. If this Act takes effect later than August 15, | ||
2021, the Texas Education Agency shall publish the consecutive | ||
school years of unacceptable performance ratings as required by | ||
Section 39.054(a-3), Education Code, as amended by this Act, for | ||
each school district and campus as soon as practicable after the | ||
effective date of this Act. | ||
SECTION 2.16. (a) Sections 39.003 and 39.004, Education | ||
Code, as redesignated and amended by this Act, apply to a special | ||
investigation authorized or initiated before, on, or after the | ||
effective date of this Act. | ||
(b) Section 39A.006, Education Code, as amended by this Act, | ||
applies to a conservator or management team assigned to a school | ||
district before, on, or after the effective date of this Act. | ||
ARTICLE 3. PUBLIC SCHOOL FISCAL MANAGEMENT | ||
SECTION 3.01. Section 44.052(c), Education Code, is amended | ||
to read as follows: | ||
(c) A trustee of a school district who votes to approve any | ||
expenditure of school funds in violation of a provision of this | ||
code, for a purpose for which those funds may not be spent, or in | ||
excess of the item or items appropriated in the adopted budget or a | ||
supplementary or amended budget commits an offense. An offense | ||
under this subsection is a Class C misdemeanor. | ||
SECTION 3.02. Section 45.105, Education Code, is amended by | ||
amending Subsection (c) and adding Subsection (c-1) to read as | ||
follows: | ||
(c) Local school funds from district taxes, tuition fees of | ||
students not entitled to a free education, other local sources, and | ||
state funds not designated for a specific purpose may be used for | ||
the purposes listed for state and county available funds and for | ||
purchasing appliances and supplies, paying insurance premiums, | ||
paying janitors and other employees, buying school sites, buying, | ||
building, repairing, and renting school buildings, including | ||
acquiring school buildings and sites by leasing through annual | ||
payments with an ultimate option to purchase, and, except as | ||
provided by Subsection (c-1), for other purposes necessary in the | ||
conduct of the public schools determined by the board of trustees. | ||
The accounts and vouchers for county districts must be approved by | ||
the county superintendent. If the state available school fund in | ||
any municipality or district is sufficient to maintain the schools | ||
in any year for at least eight months and leave a surplus, the | ||
surplus may be spent for the purposes listed in this subsection. | ||
(c-1) 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 arising out of a decision or | ||
determination that is final and unappealable under a provision of | ||
this code. | ||
SECTION 3.03. Section 48.201, Education Code, is amended to | ||
read as follows: | ||
Sec. 48.201. PURPOSE. The purpose of the tier two component | ||
of the Foundation School Program is to provide each school district | ||
with the opportunity to provide the basic program and to supplement | ||
that program at a level of its own choice. An allotment under this | ||
subchapter may be used for any legal purpose other than: | ||
(1) capital outlay or debt service; or | ||
(2) a purpose prohibited by Section 45.105(c-1) or | ||
another provision of this code. | ||
SECTION 3.04. Section 44.052(c), Education Code, as amended | ||
by this Act, applies only to an offense committed on or after the | ||
effective date of this Act. An offense committed before the | ||
effective date of this Act is governed by the law in effect when the | ||
offense was committed, and the former law is continued in effect for | ||
that purpose. For purposes of this section, an offense was | ||
committed before the effective date of this Act if any element of | ||
the offense occurred before that date. | ||
ARTICLE 4. CONFORMING AMENDMENTS | ||
SECTION 4.01. Section 7.028(a), Education Code, is amended | ||
to read as follows: | ||
(a) Except as provided by Section 21.006(k), 22.093(l), | ||
22.096, 28.006, 29.001(5), 29.010(a), 38.003, or 39.003 [ |
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the agency may monitor compliance with requirements applicable to a | ||
process or program provided by a school district, campus, program, | ||
or school granted charters under Chapter 12, including the process | ||
described by Subchapter F, Chapter 11, or a program described by | ||
Subchapter B, C, D, E, F, H, or I, Chapter 29, or Subchapter A, | ||
Chapter 37, only as necessary to ensure: | ||
(1) compliance with federal law and regulations; | ||
(2) financial accountability, including compliance | ||
with grant requirements; | ||
(3) data integrity for purposes of: | ||
(A) the Public Education Information Management | ||
System (PEIMS); and | ||
(B) accountability under Chapters 39 and 39A; and | ||
(4) qualification for funding under Chapter 48. | ||
SECTION 4.02. Section 12.1162(a), Education Code, is | ||
amended to read as follows: | ||
(a) The commissioner shall take any of the actions described | ||
by Subsection (b) or by Section 39A.001, 39A.002, 39A.004, 39A.005, | ||
or 39A.007, to the extent the commissioner determines necessary, if | ||
an open-enrollment charter school, as determined by a report issued | ||
under Section 39.004(b) [ |
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(1) commits a material violation of the school's | ||
charter; | ||
(2) fails to satisfy generally accepted accounting | ||
standards of fiscal management; or | ||
(3) fails to comply with this subchapter or another | ||
applicable rule or law. | ||
SECTION 4.03. Section 39.0302(a), Education Code, is | ||
amended to read as follows: | ||
(a) During an agency investigation or audit of a school | ||
district under Section 39.0301(e) or (f), a special [ |
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[ |
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21.006(k), 22.093(l), or 22.096, or an investigation by the State | ||
Board for Educator Certification of an educator for an alleged | ||
violation of an assessment instrument security procedure | ||
established under Section 39.0301(a), the commissioner may issue a | ||
subpoena to compel the attendance of a relevant witness or the | ||
production, for inspection or copying, of relevant evidence that is | ||
located in this state. | ||
SECTION 4.04. Section 39.056(h), Education Code, is amended | ||
to read as follows: | ||
(h) The commissioner may at any time convert a monitoring | ||
review to a special [ |
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39.003 [ |
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school district of the conversion. | ||
SECTION 4.05. 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 [ |
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under Section 39.003 [ |
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ARTICLE 5. EFFECTIVE DATE | ||
SECTION 5.01. 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, 2021. |