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Senate Bill 1365 |
Senate Author: Bettencourt et al. |
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Effective: 9-1-21 |
House Sponsor: Huberty et al. |
Senate Bill 1365 amends the Education Code to revise provisions relating to the public school accountability system and associated interventions and sanctions and to clarify certain powers of the commissioner of education and of certain commissioner appointees.
Senate Bill 1365 revises provisions relating to special investigations, formerly known as "special accreditation investigations." The bill authorizes the commissioner to defer or decline to take certain actions, as applicable, in connection with such an investigation, contingent on the completion of a third‑party review, a corrective action plan, or both. The bill sets out investigation procedures with regard to preliminary Texas Education Agency (TEA) findings, restrictions on the disclosure of associated materials, an intermediate informal review requirement, and the commissioner's subpoena powers. The bill authorizes a public school district board to request a hearing to contest the result of a special investigation if the final TEA report recommends the appointment of a board of managers, alternative management of a campus, or closure of the district or a district campus and sets out provisions relating to the hearing, the commissioner's final determination, and judicial appeal of that determination.
Senate Bill 1365 creates a district or campus overall performance rating of "Not Rated" that may be assigned under the accountability system in certain circumstances. The bill clarifies the meaning and consequences of certain overall performance ratings, including the relationship between a D rating and an unacceptable performance rating, and the effect on such ratings of a district's, campus's, or open‑enrollment charter school's recent performance history. The bill sets out related transition provisions, establishes temporary alternative methods and standards for evaluating performance for the 2020‑2021 school year for certain campuses, and sets out temporary provisions for COVID‑19 recovery accountability for the 2021‑2022 school year.
Senate Bill 1365 requires a district, charter school, or campus that is assigned a rating of D and meets other performance rating criteria to develop and implement a local improvement plan, subject to plan requirements to be established by commissioner rule. The bill revises provisions relating to the implementation of a campus turnaround plan and changes to five years the period of continued unacceptable campus performance ratings that triggers the required closure of a campus or the appointment of a board of managers to govern the applicable district. The bill clarifies the powers of a board of managers with respect to a district under applicable interventions or sanctions and revises provisions relating to a district's or charter school's challenge or appeal, as applicable, of an intervention or sanction or another accountability‑related commissioner decision.
Senate Bill 1365 prohibits a district's use of Tier 2 foundation school program funds, local school funds, or undesignated state funds for any action or proceeding against the state arising out of a final and unappealable decision, order, or determination, with certain exceptions. The bill expands the conduct constituting the Class C misdemeanor offense of failure to comply with school budget requirements to include a district trustee's vote to approve certain prohibited expenditures.