Bill Text: TX SB1365 | 2021-2022 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to public school organization, accountability, and fiscal management.
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1365 Detail]
Download: Texas-2021-SB1365-Engrossed.html
Bill Title: Relating to public school organization, accountability, and fiscal management.
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1365 Detail]
Download: Texas-2021-SB1365-Engrossed.html
By: Bettencourt, Campbell | S.B. No. 1365 | |
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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, an interlocutory or intermediate order, decision, or | ||
determination made or reached before the final order, decision, or | ||
determination may be appealed only if specifically authorized by | ||
this code or a rule adopted under this code. | ||
SECTION 2.02. 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 unacceptable [ |
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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 | ||
unacceptable [ |
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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 an unacceptable [ |
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Subchapter C, Chapter 39, for the three preceding school years and | ||
such a campus has not been closed. | ||
SECTION 2.03. 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) when excessive numbers of absences of students | ||
eligible to be tested on state assessment instruments are | ||
determined; | ||
(2) when excessive numbers of allowable exemptions | ||
from the required state assessment instruments are determined; | ||
(3) in response to complaints submitted to the agency | ||
with respect to alleged violations of civil rights or other | ||
requirements imposed on the state by federal law or court order; | ||
(4) in response to established compliance reviews of | ||
the district's financial accounting practices and state and federal | ||
program requirements; | ||
(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) when excessive numbers of students in special | ||
education programs under Subchapter A, Chapter 29, are assessed | ||
through assessment instruments developed or adopted under Section | ||
39.023(b); | ||
(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) when a significant pattern of decreased academic | ||
performance has developed as a result of the promotion in the | ||
preceding two school years of students who did not perform | ||
satisfactorily as determined by the commissioner under Section | ||
39.0241(a) on assessment instruments administered under Section | ||
39.023(a), (c), or (l); | ||
(10) when excessive numbers of students eligible to | ||
enroll fail to complete an Algebra II course or any other advanced | ||
course as determined by the commissioner; | ||
(11) when resource allocation practices as evaluated | ||
under Section 39.0821 indicate a potential for significant | ||
improvement in resource allocation; | ||
(12) when a disproportionate number of students of a | ||
particular demographic group is graduating with a particular | ||
endorsement under Section 28.025(c-1); | ||
(13) when an excessive number of students is | ||
graduating with a particular endorsement under Section | ||
28.025(c-1); | ||
(14) in response to a complaint submitted to the | ||
agency with respect to alleged inaccurate data that is reported | ||
through the Public Education Information Management System (PEIMS) | ||
or through other reports required by state 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; | ||
(15) when a school district for any reason fails to | ||
produce, at the request of the agency, evidence or an investigation | ||
report relating to an educator who is under investigation by the | ||
State Board for Educator Certification; or | ||
(16) as the commissioner otherwise determines | ||
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). | ||
(g) Section 39A.301 applies to an action taken under | ||
Subsection (d)(1) in the same manner as that section applies to an | ||
action taken under Chapter 39A [ |
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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. | ||
SECTION 2.04. 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, except as | ||
provided by Section 39.0543, or performance that is exemplary, | ||
recognized, or acceptable performance or performance that needs | ||
improvement, except as provided by Section 39.0543. A reference in | ||
law to an unacceptable performance rating includes an overall or | ||
domain performance rating of F and, as provided by Section 39.0543, | ||
D 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 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. | ||
(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 2.05. Subchapter C, Chapter 39, Education Code, is | ||
amended by adding Section 39.0543 to read as follows: | ||
Sec. 39.0543. NEEDS IMPROVEMENT OR UNACCEPTABLE | ||
PERFORMANCE RATING. (a) A reference in law to an acceptable | ||
performance or acceptable performance rating for a school district, | ||
open-enrollment charter school, district campus, or charter school | ||
campus includes an overall performance rating of D if, since | ||
previously receiving an overall performance rating of C or higher, | ||
the district, charter school, district campus, or charter school | ||
campus: | ||
(1) has not previously received more than one overall | ||
performance rating of D; or | ||
(2) has not received an overall performance rating of | ||
F. | ||
(a-1) For the purposes of this section, an overall | ||
performance rating issued in a previous school year for a school | ||
district, open-enrollment charter school, district campus, or | ||
charter school campus of: | ||
(1) met standard, academically acceptable, | ||
recognized, exemplary, A, B, or C is considered to be a performance | ||
rating of C or higher; and | ||
(2) improvement required, academically unacceptable, | ||
or F is considered to be a rating of F. | ||
(a-2) Subsection (a-1) and this subsection expire September | ||
1, 2027. | ||
(b) A reference in law to an unacceptable performance or | ||
unacceptable performance rating includes a performance rating of D | ||
if the rating does not satisfy Subsection (a). | ||
SECTION 2.06. Subchapter C, Chapter 39, Education Code, is | ||
amended by adding Section 39.0545 to read as follows: | ||
Sec. 39.0545. ALTERNATIVE METHODS AND STANDARDS FOR | ||
EVALUATING PERFORMANCE FOR 2020-2021 SCHOOL YEAR. (a) This | ||
section applies to a campus: | ||
(1) that meets the participation requirements for all | ||
students in all subject areas for the annual measurement of | ||
achievement under Section 1111, Every Student Succeeds Act (20 | ||
U.S.C. Section 6311(c)(4)(E)); | ||
(2) to which the most recent performance rating | ||
assigned, other than a "Not Rated" rating, is a D, F, or performance | ||
that needs improvement; and | ||
(3) is not subject to the appointment of a board of | ||
managers under Section 39A.117(b). | ||
(b) Notwithstanding any other law, the commissioner shall | ||
adopt rules to develop and implement alternative methods and | ||
standards for evaluating the performance for the 2020-2021 school | ||
year of a campus to which this section applies. The rules adopted | ||
under this section must evaluate a campus under the domains of | ||
indicators of achievement listed in Sections 39.053(c)(1) and (2). | ||
(c) The commissioner shall review a campus to which this | ||
section applies under the alternative methods and standards adopted | ||
under Subsection (b) on the request of the school district in which | ||
the campus is located made by the deadline established by | ||
commissioner rule. | ||
(d) An acceptable performance rating assigned under the | ||
alternative methods and standards adopted by the commissioner under | ||
Subsection (b) is considered a break in consecutive school years of | ||
unacceptable performance ratings under this code. | ||
(e) This section does not apply to an intervention ordered | ||
on the basis of consecutive school years of unacceptable | ||
performance ratings accrued before the effective date of this | ||
section. | ||
(f) This section expires September 1, 2027. | ||
SECTION 2.07. 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 2.08. 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 2.09. 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 2.10. Section 39A.061(b), Education Code, is | ||
amended to read as follows: | ||
(b) The commissioner may authorize a targeted improvement | ||
plan, [ |
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improvement plan to supersede the provisions of and satisfy the | ||
requirements of developing, reviewing, and revising a campus | ||
improvement plan under Subchapter F, Chapter 11. | ||
SECTION 2.11. Subchapter B, Chapter 39A, Education Code, is | ||
amended by adding Section 39A.065 to read as follows: | ||
Sec. 39A.065. LOCAL IMPROVEMENT PLAN. (a) A school | ||
district, open-enrollment charter school, district campus, or | ||
charter school campus that is assigned a rating of D that qualifies | ||
under Section 39.0543(a) shall develop and implement a local | ||
improvement plan. | ||
(b) A local improvement plan must be presented to the board | ||
of trustees of the school district or governing board of the | ||
open-enrollment charter school. | ||
(c) The commissioner shall adopt rules to establish | ||
requirements for a local improvement plan components and training. | ||
The commissioner may not require a school district or | ||
open-enrollment charter school to submit the local improvement plan | ||
to the agency. | ||
SECTION 2.12. 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 2.13. 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 2.14. 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 2.15. 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 2.16. Subchapter C, Chapter 39A, Education Code, is | ||
amended by adding Sections 39A.117 and 39A.118 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: | ||
(A) a rating of met standard, academically | ||
acceptable, recognized, exemplary, A, B, or C; or | ||
(B) a rating of D that meets the requirements of | ||
Section 39.0543(a); | ||
(2) an unacceptable performance rating includes: | ||
(A) a rating of improvement required, | ||
academically unacceptable, or F; or | ||
(B) a rating of D that meets the requirements of | ||
Section 39.0543(b); and | ||
(3) a rating of "Not Rated" is not considered an | ||
acceptable or unacceptable performance rating and may not be | ||
considered a break in consecutive years of unacceptable | ||
performance. | ||
(b) As soon as practicable after the effective date of S.B. | ||
1365, Acts of the 87th Legislature, Regular Session, 2021, or | ||
similar legislation, the commissioner shall: | ||
(1) determine the number of school years of | ||
unacceptable performance ratings occurring after the 2012-2013 | ||
school year for each school district, open-enrollment charter | ||
school, district campus, or charter school campus by determining | ||
the number of unacceptable performance ratings assigned to each | ||
district, charter school, district campus, or charter school | ||
campus since the most recent acceptable performance rating was | ||
assigned to the district, charter school, district campus, or | ||
charter school campus; | ||
(2) use the number of school years of unacceptable | ||
performance ratings as the base number of consecutive years of | ||
unacceptable performance for which the performance rating in the | ||
2021-2022 school year will be added; and | ||
(3) order the appointment of a board of managers under | ||
Section 39A.111 to the school district or charter school for each | ||
campus that is determined under Subdivision (1) to have been | ||
assigned an unacceptable performance rating for five or more 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) To the extent of conflict with any other transition | ||
provision affecting this section, this transition provision | ||
prevails. | ||
(f) This section expires September 1, 2027. | ||
Sec. 39A.118. INTERVENTION IF ASSIGNED CERTAIN PERFORMANCE | ||
NEEDS IMPROVEMENT RATING. (a) Until another performance rating is | ||
issued, the agency may not implement the intervention or sanctions | ||
as provided by Subsection (b) for a school district, | ||
open-enrollment charter school, district campus, or charter school | ||
campus, if the performance rating initiating the action under | ||
Subsection (b) is based on the first or second overall performance | ||
rating of D, since previously receiving a rating of C or higher. | ||
(b) The following interventions are subject to a pause under | ||
Subsection (a): | ||
(1) revocation of a charter under Section 12.115(c); | ||
(2) annexation under Section 13.054; | ||
(3) change in accreditation status under rules adopted | ||
for accreditation under Section 39.052; and | ||
(4) interventions or sanctions under Section | ||
39A.101(a), 39A.107(a) or (c), or 39A.111. | ||
(c) The performance rating identified under Subsection (a): | ||
(1) may not be included in calculating consecutive | ||
school years of an unacceptable performance rating; and | ||
(2) is not considered a break in consecutive school | ||
years of an unacceptable performance rating. | ||
(d) Interventions or sanctions implemented prior to the | ||
intervention pause under Subsection (a) shall continue during the | ||
school year for which actions under Subsection (b) are paused. | ||
(e) This section does not apply to a commissioner action | ||
based on performance or reasons not listed as interventions under | ||
Subsection (b). | ||
SECTION 2.17. 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 2.18. 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 [ |
||
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 2.19. Section 39A.301, Education Code, is amended | ||
to read as follows: | ||
Sec. 39A.301. REVIEW OF SANCTIONS BY STATE OFFICE OF | ||
ADMINISTRATIVE HEARINGS. (a) A school district or | ||
open-enrollment charter school must appeal under this section if | ||
the district or school [ |
||
commissioner under Section 39.003 or this chapter to: | ||
(1) close the district or a district campus or the | ||
charter school; | ||
(2) [ |
||
district campus or the charter school; or | ||
(3) appoint a board of managers to the district or | ||
school under Section 39A.202 [ |
||
(b) A challenge under this section to a decision by the | ||
commissioner described by Subsection (a) is subject to review by | ||
the State Office of Administrative Hearings. Notwithstanding | ||
[ |
||
(1) the[ |
||
rules for a challenge under this section; | ||
(2) [ |
||
[ |
||
[ |
||
conduct an expedited review of a challenge under this section; | ||
(3) the administrative law judge shall uphold a | ||
decision by the commissioner described by Subsection (a) unless the | ||
judge finds the decision is arbitrary and capricious or clearly | ||
erroneous; | ||
(4) in reviewing any discretionary decisions made by | ||
the commissioner, the administrative law judge may not substitute | ||
the judge's judgment for that of the commissioner; | ||
(5) [ |
||
final order not later than the 30th day after the date on which the | ||
hearing is finally closed; | ||
(6) [ |
||
is final and may not be appealed; and | ||
(7) [ |
||
may set an effective date for an action under this section. | ||
SECTION 2.20. 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 [ |
||
decision by the commissioner under Chapter 39 or this chapter | ||
[ |
||
Section 39A.301. | ||
SECTION 2.21. Section 39A.0545, Education Code, is | ||
repealed. | ||
SECTION 2.22. (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. | ||
SECTION 2.23. 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 2.24. As soon as practicable after the effective | ||
date of this Act, the commissioner of education shall adopt rules to | ||
develop and implement alternative methods and standards for | ||
evaluating the performance of a campus for the 2020-2021 school | ||
year as required by Section 39.0545, Education Code, as added by | ||
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, 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 a rule adopted under this code and that results in a final | ||
and unappealable decision, order, or determination. | ||
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 39A.203, Education Code, is repealed. | ||
SECTION 3.05. 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 [ |
||
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 12.013(b), Education Code, is amended | ||
to read as follows: | ||
(b) A home-rule school district is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; | ||
(2) a provision of this title relating to limitations | ||
on liability; and | ||
(3) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) educator certification under Chapter 21 and | ||
educator rights under Sections 21.407, 21.408, and 22.001; | ||
(C) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(D) student admissions under Section 25.001; | ||
(E) school attendance under Sections 25.085, | ||
25.086, and 25.087; | ||
(F) inter-district or inter-county transfers of | ||
students under Subchapter B, Chapter 25; | ||
(G) elementary class size limits under Section | ||
25.112, in the case of any campus in the district that fails to | ||
satisfy any standard under Section 39.054(e); | ||
(H) high school graduation under Section 28.025; | ||
(I) special education programs under Subchapter | ||
A, Chapter 29; | ||
(J) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(K) prekindergarten programs under Subchapter E, | ||
Chapter 29; | ||
(L) safety provisions relating to the | ||
transportation of students under Sections 34.002, 34.003, 34.004, | ||
and 34.008; | ||
(M) computation and distribution of state aid | ||
under Chapters 31, 43, and 48; | ||
(N) extracurricular activities under Section | ||
33.081; | ||
(O) health and safety under Chapter 38; | ||
(P) public school accountability and special | ||
investigations under Subchapters A, B, C, D, and J, Chapter 39, and | ||
Chapter 39A; | ||
(Q) options for local revenue levels in excess of | ||
entitlement under Chapter 49; | ||
(R) a bond or other obligation or tax rate under | ||
Chapters 43, 45, and 48; and | ||
(S) purchasing under Chapter 44. | ||
SECTION 4.03. Section 12.056(b), Education Code, is amended | ||
to read as follows: | ||
(b) A campus or program for which a charter is granted under | ||
this subchapter is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; and | ||
(2) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) high school graduation under Section 28.025; | ||
(D) special education programs under Subchapter | ||
A, Chapter 29; | ||
(E) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(F) prekindergarten programs under Subchapter E, | ||
Chapter 29; | ||
(G) extracurricular activities under Section | ||
33.081; | ||
(H) health and safety under Chapter 38; | ||
(I) public school accountability and special | ||
investigations under Subchapters A, B, C, D, F, and J, Chapter 39, | ||
and Chapter 39A; and | ||
(J) the duty to discharge or refuse to hire | ||
certain employees or applicants for employment under Section | ||
12.1059. | ||
SECTION 4.04. Section 12.104(b), Education Code, as amended | ||
by Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943 | ||
(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is | ||
reenacted and amended to read as follows: | ||
(b) An open-enrollment charter school is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; | ||
(2) the provisions in Chapter 554, Government Code; | ||
and | ||
(3) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) reading instruments and accelerated reading | ||
instruction programs under Section 28.006; | ||
(D) accelerated instruction under Section | ||
28.0211; | ||
(E) high school graduation requirements under | ||
Section 28.025; | ||
(F) special education programs under Subchapter | ||
A, Chapter 29; | ||
(G) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(H) prekindergarten programs under Subchapter E | ||
or E-1, Chapter 29; | ||
(I) extracurricular activities under Section | ||
33.081; | ||
(J) discipline management practices or behavior | ||
management techniques under Section 37.0021; | ||
(K) health and safety under Chapter 38; | ||
(L) public school accountability and special | ||
investigations under Subchapters A, B, C, D, F, G, and J, Chapter | ||
39, and Chapter 39A; | ||
(M) the requirement under Section 21.006 to | ||
report an educator's misconduct; | ||
(N) intensive programs of instruction under | ||
Section 28.0213; | ||
(O) the right of a school employee to report a | ||
crime, as provided by Section 37.148; | ||
(P) bullying prevention policies and procedures | ||
under Section 37.0832; | ||
(Q) the right of a school under Section 37.0052 | ||
to place a student who has engaged in certain bullying behavior in a | ||
disciplinary alternative education program or to expel the student; | ||
(R) the right under Section 37.0151 to report to | ||
local law enforcement certain conduct constituting assault or | ||
harassment; | ||
(S) a parent's right to information regarding the | ||
provision of assistance for learning difficulties to the parent's | ||
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); | ||
(T) establishment of residency under Section | ||
25.001; | ||
(U) [ |
||
Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115, | ||
37.207, and 37.2071; | ||
(V) [ |
||
mathematics proficiency plans under Section 11.185; and | ||
(W) [ |
||
readiness plans under Section 11.186. | ||
SECTION 4.05. 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) [ |
||
(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 4.06. 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 [ |
||
[ |
||
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 4.07. 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 [ |
||
39.003 [ |
||
school district of the conversion. | ||
SECTION 4.08. 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 [ |
||
under Section 39.003 [ |
||
SECTION 4.09. Sections 39A.256(a) and (b), Education Code, | ||
are amended to read as follows: | ||
(a) A board of managers appointed for an open-enrollment | ||
charter school [ |
||
under this chapter or Chapter 12 has the powers and duties | ||
prescribed by Section 39A.201(b), if applicable, and Sections | ||
39A.201(a), 39A.202, [ |
||
(b) Except as otherwise provided by this subsection, the | ||
board of managers for an open-enrollment charter school [ |
||
period that exceeds the period authorized by law for a board of | ||
managers appointed for a school district. A board of managers | ||
appointed to wind up the affairs of a former open-enrollment | ||
charter school or campus serves until dissolved by the | ||
commissioner. | ||
SECTION 4.10. To the extent of any conflict, this article | ||
prevails over another Act of the 87th Legislature, Regular Session, | ||
2021, relating to nonsubstantive additions to and corrections in | ||
enacted codes. | ||
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. |