By Longoria H.B. No. 1130
76R3405 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Education Testing and
1-3 Accountability Department for public school system accountability.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5.001, Education Code, is amended by
1-6 amending Subdivisions (4)-(7) and adding Subdivisions (8) and (9)
1-7 to read as follows:
1-8 (4) "Department" means the Education Testing and
1-9 Accountability Department.
1-10 (5) "Educationally disadvantaged" means eligible to
1-11 participate in the national free or reduced-price lunch program
1-12 established under 42 U.S.C. Section 1751 et seq.
1-13 (6) "Executive director" means the executive director
1-14 of the department.
1-15 (7) [(5)] "Educator" means a person who is required to
1-16 hold a certificate issued under Subchapter B, Chapter 21.
1-17 (8) [(6)] "Open-enrollment charter school" means a
1-18 school that has been granted a charter under Subchapter D, Chapter
1-19 12.
1-20 (9) [(7)] "Regional education service centers" means a
1-21 system of regional and educational services established in Chapter
1-22 8.
1-23 SECTION 2. Section 7.003, Education Code, is amended to read
1-24 as follows:
2-1 Sec. 7.003. LIMITATION ON AUTHORITY. An educational
2-2 function not specifically delegated to the comptroller, the agency,
2-3 or the board under this code is reserved to and shall be performed
2-4 by school districts or open-enrollment charter schools.
2-5 SECTION 3. Section 7.021(b)(1), Education Code, is amended
2-6 to read as follows:
2-7 (b)(1) The agency shall administer and with the comptroller
2-8 shall monitor compliance with education programs required by
2-9 federal or state law, including federal funding and state funding
2-10 for those programs.
2-11 SECTION 4. Chapter 7, Education Code, is amended by adding
2-12 Subchapter E to read as follows:
2-13 SUBCHAPTER E. EDUCATION TESTING AND
2-14 ACCOUNTABILITY DEPARTMENT
2-15 Sec. 7.151. EDUCATION TESTING AND ACCOUNTABILITY DEPARTMENT
2-16 POWERS AND DUTIES; COMPOSITION. (a) The Education Testing and
2-17 Accountability Department has the powers and duties provided by
2-18 Subsection (b), which shall be carried out with the advice and
2-19 consent of the comptroller.
2-20 (b) The department shall:
2-21 (1) perform duties in connection with public school
2-22 system accountability under this code; and
2-23 (2) review and revise the Public Education Information
2-24 Management System (PEIMS) in accordance with Section 42.006.
2-25 (c) The comptroller and the department staff comprise the
2-26 department.
2-27 Sec. 7.152. EXECUTIVE DIRECTOR. (a) The comptroller shall
3-1 appoint the department executive director.
3-2 (b) The executive director shall report directly to the
3-3 comptroller.
3-4 Sec. 7.153. INSPECTION TEAMS. (a) The executive director
3-5 shall appoint four-person teams to visit school districts or
3-6 individual schools to monitor compliance with education programs
3-7 required by federal or state law, including federal funding and
3-8 state funding for those programs.
3-9 (b) Each inspection team under this section must include an
3-10 educator, an administrator, an expert on federal and state
3-11 education law, and an auditor, and each team may be augmented by
3-12 agency personnel, regional or local education personnel, and
3-13 graduate students from state-supported institutions of higher
3-14 education.
3-15 (c) The auditor from each team shall serve as team chief and
3-16 as the authorized representative of the executive director and must
3-17 make a period available during each visit to a school district or
3-18 individual school to hear complaints under Sections 7.154 and
3-19 26.011. The executive director may hear complaints not resolved at
3-20 the local level.
3-21 Sec. 7.154. APPEALS. (a) Except as provided by Subsection
3-22 (e), a person may appeal in writing to the executive director if
3-23 the person is aggrieved by:
3-24 (1) the school laws of this state;
3-25 (2) an action or decision of any school district board
3-26 of trustees that violates:
3-27 (A) the school laws of this state; or
4-1 (B) a provision of a written employment contract
4-2 between the school district and a school district employee, if a
4-3 violation causes or would cause monetary harm to the employee; or
4-4 (3) an action or decision of the commissioner or
4-5 agency.
4-6 (b) Except as provided by Subsection (c), the executive
4-7 director, after due notice to the parties interested, shall hold a
4-8 hearing and issue a decision without cost to the parties involved.
4-9 In conducting a hearing under this subsection, the executive
4-10 director has the same authority relating to discovery and conduct
4-11 of a hearing as a hearing examiner has under Subchapter F, Chapter
4-12 21. This section does not deprive any party of any legal remedy.
4-13 (c) In an appeal against a school district, the executive
4-14 director shall issue a decision based on a review of the record
4-15 developed at the district level under a substantial evidence
4-16 standard of review.
4-17 (d) A person aggrieved by a decision of the executive
4-18 director may appeal to a district court in Travis County. An
4-19 appeal must be made by serving the executive director with citation
4-20 issued and served in the manner provided by law for civil suits.
4-21 The petition must state the action or decision from which the
4-22 appeal is taken. At trial, the court shall determine all issues of
4-23 law and fact.
4-24 (e) This section does not apply to:
4-25 (1) a case to which Subchapter G, Chapter 21, applies;
4-26 or
4-27 (2) a student disciplinary action under Chapter 37.
5-1 (f) In this section:
5-2 (1) "Record" includes, at a minimum, an audible
5-3 electronic recording or written transcript of all oral testimony or
5-4 argument.
5-5 (2) "School laws of this state" means Title 1 and this
5-6 title and rules adopted under those titles.
5-7 Sec. 7.155. ARBITRATION. The executive director or a
5-8 representative designated by the executive director shall act as an
5-9 arbitrator in disputes arising under Sections 7.154 and 26.011.
5-10 SECTION 5. Section 8.002, Education Code, is amended to read
5-11 as follows:
5-12 Sec. 8.002. PURPOSE. Regional education service centers
5-13 shall:
5-14 (1) assist school districts in improving student
5-15 performance in each region of the system;
5-16 (2) enable school districts to operate more
5-17 efficiently and economically; [and]
5-18 (3) implement initiatives assigned by the legislature
5-19 or the commissioner; and
5-20 (4) provide personnel to augment a department
5-21 inspection team as requested by the comptroller.
5-22 SECTION 6. Section 11.201(d), Education Code, is amended to
5-23 read as follows:
5-24 (d) The duties of the superintendent include:
5-25 (1) assuming administrative responsibility and
5-26 leadership for the planning, operation, supervision, and evaluation
5-27 of the education programs, services, and facilities of the district
6-1 and for the annual performance appraisal of the district's staff;
6-2 (2) assuming administrative authority and
6-3 responsibility for the assignment and evaluation of all personnel
6-4 of the district other than the superintendent, including personnel
6-5 used to augment a department inspection team as requested by the
6-6 comptroller;
6-7 (3) making recommendations regarding the selection of
6-8 personnel of the district other than the superintendent, as
6-9 provided by Section 11.163;
6-10 (4) initiating the termination or suspension of an
6-11 employee or the nonrenewal of an employee's term contract;
6-12 (5) managing the day-to-day operations of the district
6-13 as its administrative manager;
6-14 (6) preparing and submitting to the board of trustees
6-15 a proposed budget as provided by Section 44.002;
6-16 (7) preparing recommendations for policies to be
6-17 adopted by the board of trustees and overseeing the implementation
6-18 of adopted policies;
6-19 (8) developing or causing to be developed appropriate
6-20 administrative regulations to implement policies established by the
6-21 board of trustees;
6-22 (9) providing leadership for the attainment of student
6-23 performance in the district based on the indicators adopted under
6-24 Section 39.051 and other indicators adopted by the State Board of
6-25 Education or the district's board of trustees;
6-26 (10) organizing the district's central administration;
6-27 and
7-1 (11) performing any other duties assigned by action of
7-2 the board of trustees.
7-3 SECTION 7. Section 11.252(b), Education Code, is amended to
7-4 read as follows:
7-5 (b) A district's plan for the improvement of student
7-6 performance is not filed with the agency or the department, but the
7-7 district must make the plan available to the agency or the
7-8 department on request.
7-9 SECTION 8. Section 11.253(g), Education Code, is amended to
7-10 read as follows:
7-11 (g) Each campus-level committee shall hold at least one
7-12 public meeting per year. The required meeting shall be held after
7-13 receipt of the annual campus rating from the department [agency] to
7-14 discuss the performance of the campus and the campus performance
7-15 objectives. District policy and campus procedures must be
7-16 established to ensure that systematic communications measures are
7-17 in place to periodically obtain broad-based community, parent, and
7-18 staff input, and to provide information to those persons regarding
7-19 the recommendations of the campus-level committees.
7-20 SECTION 9. Section 12.013(b), Education Code, is amended to
7-21 read as follows:
7-22 (b) A home-rule school district is subject to:
7-23 (1) a provision of this title establishing a criminal
7-24 offense;
7-25 (2) a provision of this title relating to limitations
7-26 on liability; and
7-27 (3) a prohibition, restriction, or requirement, as
8-1 applicable, imposed by this title or a rule adopted under this
8-2 title, relating to:
8-3 (A) the Public Education Information Management
8-4 System (PEIMS) and inspection by department teams to the extent
8-5 necessary to monitor compliance with this subchapter as determined
8-6 by the executive director [commissioner];
8-7 (B) educator certification under Chapter 21 and
8-8 educator rights under Sections 21.407, 21.408, and 22.001;
8-9 (C) criminal history records under Subchapter C,
8-10 Chapter 22;
8-11 (D) student admissions under Section 25.001;
8-12 (E) school attendance under Sections 25.085,
8-13 25.086, and 25.087;
8-14 (F) inter-district or inter-county transfers of
8-15 students under Subchapter B, Chapter 25;
8-16 (G) elementary class size limits under Section
8-17 25.112, in the case of any campus in the district that is
8-18 considered low-performing under Section 39.131(b);
8-19 (H) high school graduation under Section 28.025;
8-20 (I) special education programs under Subchapter
8-21 A, Chapter 29;
8-22 (J) bilingual education under Subchapter B,
8-23 Chapter 29;
8-24 (K) prekindergarten programs under Subchapter E,
8-25 Chapter 29;
8-26 (L) safety provisions relating to the
8-27 transportation of students under Sections 34.002, 34.003, 34.004,
9-1 and 34.008;
9-2 (M) computation and distribution of state aid
9-3 under Chapters 31, 42, and 43;
9-4 (N) extracurricular activities under Section
9-5 33.081;
9-6 (O) health and safety under Chapter 38;
9-7 (P) public school accountability under
9-8 Subchapters B, C, D, and G, Chapter 39;
9-9 (Q) equalized wealth under Chapter 41;
9-10 (R) a bond or other obligation or tax rate under
9-11 Chapters 42, 43, and 45; and
9-12 (S) purchasing under Chapter 44.
9-13 SECTION 10. Section 12.056(b), Education Code, is amended to
9-14 read as follows:
9-15 (b) A campus or program for which a charter is granted under
9-16 this subchapter is subject to:
9-17 (1) a provision of this title establishing a criminal
9-18 offense; and
9-19 (2) a prohibition, restriction, or requirement, as
9-20 applicable, imposed by this title or a rule adopted under this
9-21 title, relating to:
9-22 (A) the Public Education Information Management
9-23 System (PEIMS) and inspection by department teams to the extent
9-24 necessary to monitor compliance with this subchapter as determined
9-25 by the executive director [commissioner];
9-26 (B) criminal history records under Subchapter C,
9-27 Chapter 22;
10-1 (C) high school graduation under Section 28.025;
10-2 (D) special education programs under Subchapter
10-3 A, Chapter 29;
10-4 (E) bilingual education under Subchapter B,
10-5 Chapter 29;
10-6 (F) prekindergarten programs under Subchapter E,
10-7 Chapter 29;
10-8 (G) extracurricular activities under Section
10-9 33.081;
10-10 (H) health and safety under Chapter 38; and
10-11 (I) public school accountability under
10-12 Subchapters B, C, D, and G, Chapter 39.
10-13 SECTION 11. Section 12.104(b), Education Code, is amended to
10-14 read as follows:
10-15 (b) An open-enrollment charter school is subject to:
10-16 (1) a provision of this title establishing a criminal
10-17 offense; and
10-18 (2) a prohibition, restriction, or requirement, as
10-19 applicable, imposed by this title or a rule adopted under this
10-20 title, relating to:
10-21 (A) the Public Education Information Management
10-22 System (PEIMS) and inspection by department teams to the extent
10-23 necessary to monitor compliance with this subchapter as determined
10-24 by the executive director [commissioner];
10-25 (B) criminal history records under Subchapter C,
10-26 Chapter 22;
10-27 (C) high school graduation under Section 28.025;
11-1 (D) special education programs under Subchapter
11-2 A, Chapter 29;
11-3 (E) bilingual education under Subchapter B,
11-4 Chapter 29;
11-5 (F) prekindergarten programs under Subchapter E,
11-6 Chapter 29;
11-7 (G) extracurricular activities under Section
11-8 33.081;
11-9 (H) health and safety under Chapter 38; and
11-10 (I) public school accountability under
11-11 Subchapters B, C, D, and G, Chapter 39.
11-12 SECTION 12. Section 13.051(j), Education Code, is amended to
11-13 read as follows:
11-14 (j) If both boards of trustees of the affected districts
11-15 disapprove the petition, the decisions may not be appealed. If the
11-16 board of trustees of only one affected district disapproves the
11-17 petition, an aggrieved party to the proceedings in either district
11-18 may appeal the board's decision to the executive director
11-19 [commissioner] under Section 7.154 [7.057]. An appeal under this
11-20 subsection is de novo. In deciding the appeal, the executive
11-21 director [commissioner] shall consider the educational interests of
11-22 the students in the affected territory and the affected districts
11-23 and the social, economic, and educational effects of the proposed
11-24 boundary change.
11-25 SECTION 13. Section 19.010(b), Education Code, is amended to
11-26 read as follows:
11-27 (b) The district shall prepare a report for each fiscal year
12-1 documenting district activities under the strategic plan. Not
12-2 later than January 31 of each year, the district shall file the
12-3 report for the preceding fiscal year with the board, the governor,
12-4 the lieutenant governor, the speaker of the house of
12-5 representatives, the department, and the agency.
12-6 SECTION 14. Section 26.003(b), Education Code, is amended to
12-7 read as follows:
12-8 (b) The decision of the board of trustees concerning a
12-9 request described by Subsection (a)(2) or (3) may be appealed to
12-10 the executive director or a representative designated by the
12-11 executive director. On appeal, the executive director or the
12-12 designated representative shall act as an arbitrator in the
12-13 dispute. If the decision of the arbitrator is unsatisfactory to
12-14 the parent, the parent may appeal to a district court [is final and
12-15 may not be appealed].
12-16 SECTION 15. Section 26.005, Education Code, is amended to
12-17 read as follows:
12-18 Sec. 26.005. ACCESS TO STATE ASSESSMENTS. A [Except as
12-19 provided by Section 39.023(e), a] parent is entitled to review in
12-20 the presence of an assessment administrator [access to] a copy of
12-21 each state assessment instrument administered under Section 39.023
12-22 to the parent's child.
12-23 SECTION 16. Section 26.011, Education Code, is amended to
12-24 read as follows:
12-25 Sec. 26.011. COMPLAINTS. The board of trustees of each
12-26 school district shall adopt a grievance procedure under which the
12-27 board shall address each complaint that the board receives
13-1 concerning violation of a right guaranteed by this chapter. The
13-2 board of trustees must attempt to resolve disputes locally. If a
13-3 dispute cannot be resolved locally, the executive director or a
13-4 designated representative of the executive director must act as an
13-5 arbitrator in the dispute. A party to the dispute may appeal an
13-6 arbitration decision to a district court.
13-7 SECTION 17. Section 29.001, Education Code, is amended to
13-8 read as follows:
13-9 Sec. 29.001. STATEWIDE PLAN. (a) The agency shall develop,
13-10 and modify as necessary, a statewide design, consistent with
13-11 federal law, for the delivery of services to children with
13-12 disabilities in this state that includes rules for the
13-13 administration and funding of the special education program so that
13-14 a free appropriate public education is available to all of those
13-15 children between the ages of three and 21. The statewide design
13-16 shall include the provision of services primarily through school
13-17 districts and shared services arrangements, supplemented by
13-18 regional education service centers. The agency shall also develop
13-19 and implement a statewide plan with programmatic content that
13-20 includes procedures designed to:
13-21 (1) ensure state compliance with requirements for
13-22 supplemental federal funding for all state-administered programs
13-23 involving the delivery of instructional or related services to
13-24 students with disabilities;
13-25 (2) facilitate interagency coordination when other
13-26 state agencies are involved in the delivery of instructional or
13-27 related services to students with disabilities;
14-1 (3) periodically assess statewide personnel needs in
14-2 all areas of specialization related to special education and pursue
14-3 strategies to meet those needs through a consortium of
14-4 representatives from regional education service centers, local
14-5 education agencies, and institutions of higher education and
14-6 through other available alternatives; and
14-7 (4) ensure that regional education service centers
14-8 throughout the state maintain a regional support function, which
14-9 may include direct service delivery and a component designed to
14-10 facilitate the placement of students with disabilities who cannot
14-11 be appropriately served in their resident districts.[;]
14-12 (b) The department shall develop procedures designed to:
14-13 (1) [(5)] allow the department [agency] to effectively
14-14 monitor and periodically conduct site visits of all school
14-15 districts to ensure that rules adopted under this section are
14-16 applied in a consistent and uniform manner, to ensure that
14-17 districts are complying with those rules, and to ensure that annual
14-18 statistical reports filed by the districts and not otherwise
14-19 available through the Public Education Information Management
14-20 System under Section 42.006, are accurate and complete;
14-21 (2) [(6)] ensure that appropriately trained personnel
14-22 are involved in the diagnostic and evaluative procedures operating
14-23 in all districts and that those personnel routinely serve on
14-24 district admissions, review, and dismissal committees;
14-25 (3) [(7)] ensure that an individualized education
14-26 program for each student with a disability is properly developed,
14-27 implemented, and maintained in the least restrictive environment
15-1 that is appropriate to meet the student's educational needs;
15-2 (4) [(8)] ensure that, when appropriate, each student
15-3 with a disability is provided an opportunity to participate in
15-4 career and technology and physical education classes, in addition
15-5 to participating in regular or special classes; and
15-6 (5) [(9)] ensure that each student with a disability
15-7 is provided necessary related services.
15-8 SECTION 18. Section 29.011(e), Education Code, is amended to
15-9 read as follows:
15-10 (e) Each district shall develop and annually review an
15-11 individual transition plan (ITP) for each student enrolled in a
15-12 special education program who is at least 16 years of age. The ITP
15-13 shall be developed in a separate document from the individualized
15-14 education program (IEP) and may not be considered a part of the
15-15 IEP. The school district shall coordinate development of the ITP
15-16 with any participating agency as provided in the memorandum of
15-17 understanding in order to provide continuity and coordination of
15-18 services among the various agencies and between the ITP and IEP.
15-19 The district shall request the participation in the development of
15-20 the ITP of any participating agency recommended by school personnel
15-21 or requested by the student or the student's parent. The district
15-22 shall invite the student and the student's parents or guardians to
15-23 participate in the development of the ITP. Only those components
15-24 of the ITP that are the responsibility of the district may be
15-25 incorporated into the student's IEP. [Only the failure to
15-26 implement those components of a student's ITP that are included in
15-27 the IEP are subject to the due process procedures of the
16-1 Individuals with Disabilities Education Act (20 U.S.C. Section 1400
16-2 et seq.) or to Texas Education Agency complaint procedures. The
16-3 failure of the district to develop and annually review an ITP for a
16-4 student is subject only to the Texas Education Agency complaint
16-5 procedures and not to the due process procedures of the Individuals
16-6 with Disabilities Education Act (20 U.S.C. Section 1400 et seq.).]
16-7 A monitoring visit under Section 29.010 shall include a review of
16-8 the transition planning requirements under this section. A school
16-9 district is not liable for the failure of another agency to
16-10 implement those components of the ITP that are designated as the
16-11 responsibility of that agency under the memorandum of
16-12 understanding. The district shall notify the other agency in
16-13 writing that the components of the ITP were not properly
16-14 implemented. The district shall terminate the memorandum of
16-15 understanding and seek another source for implementation of the
16-16 components of the ITP if the other agency does not correct the
16-17 deficiency in a reasonable period of time.
16-18 SECTION 19. Section 29.056, Education Code, is amended by
16-19 adding Subsection (i) to read as follows:
16-20 (i) A district may not offer a bilingual education or
16-21 special language program to a student for more than three years
16-22 unless the district obtains a waiver from the commissioner. An
16-23 excessive number of waiver requests by a district, as determined by
16-24 the commissioner, is grounds for a special inspection by a
16-25 department team under Section 7.153.
16-26 SECTION 20. Section 29.064, Education Code, is amended to
16-27 read as follows:
17-1 Sec. 29.064. APPEALS. A parent of a student enrolled in a
17-2 school district offering bilingual education or special language
17-3 programs may appeal to the executive director or a representative
17-4 designated by the executive director [commissioner] if the district
17-5 fails to comply with the requirements established by law or by the
17-6 agency as authorized by this subchapter. If the parent disagrees
17-7 with the placement of the student in the program, the parent may
17-8 appeal that decision to a department inspection team chief [the
17-9 board of trustees]. Appeals shall be conducted in accordance with
17-10 procedures adopted by the comptroller [commissioner].
17-11 SECTION 21. Section 29.083, Education Code, is amended to
17-12 read as follows:
17-13 Sec. 29.083. STUDENT RETENTION INFORMATION. The department
17-14 [agency] shall collect data from school districts through the
17-15 Public Education Information Management System (PEIMS) relating to
17-16 grade level retention of students. The department shall provide
17-17 the agency with the results of the student retention data.
17-18 SECTION 22. Section 29.186(c), Education Code, is amended to
17-19 read as follows:
17-20 (c) Notwithstanding any other provision of this code, the
17-21 program shall:
17-22 (1) offer a curriculum consistent with Section
17-23 28.002(a);
17-24 (2) establish graduation requirements consistent with
17-25 rules adopted under Section 28.025 but which reflect integrated
17-26 curriculum and course requirements;
17-27 (3) administer the assessment instrument required
18-1 under Section 39.023(c) [39.023(b)]; and
18-2 (4) be exempt from administering assessment
18-3 instruments required under Section 39.023(d) [39.023(c)].
18-4 SECTION 23. Sections 37.006(i) and (j), Education Code, are
18-5 amended to read as follows:
18-6 (i) The student or the student's parent or guardian may
18-7 appeal the superintendent's decision under Subsection (h) to the
18-8 board of trustees. The student may not be returned to the regular
18-9 classroom pending the appeal. The board shall, at the next
18-10 scheduled meeting, review the notice provided under Article
18-11 15.27(g), Code of Criminal Procedure, and receive information from
18-12 the student, the student's parent or guardian, and the
18-13 superintendent or superintendent's designee and confirm or reverse
18-14 the decision under Subsection (h). The board shall make a record
18-15 of the proceedings. If the board confirms the decision of the
18-16 superintendent or superintendent's designee, the board shall inform
18-17 the student and the student's parent or guardian of the right to
18-18 appeal to the executive director or a representative designated by
18-19 the executive director [commissioner] under Subsection (j).
18-20 (j) Notwithstanding Section 7.154(e) [7.057(e)], the
18-21 decision of the board of trustees under Subsection (i) may be
18-22 appealed to the executive director or a representative designated
18-23 by the executive director [commissioner] as provided by Section
18-24 7.154 [Sections 7.057(b), (c), (d), and (f)]. The student may not
18-25 be returned to the regular classroom pending the appeal.
18-26 SECTION 24. Section 37.009(f), Education Code, is amended to
18-27 read as follows:
19-1 (f) Before a student may be expelled under Section 37.007,
19-2 the board or the board's designee must provide the student a
19-3 hearing at which the student is afforded appropriate due process as
19-4 required by the federal constitution and which the student's parent
19-5 or guardian is invited, in writing, to attend. At the hearing, the
19-6 student is entitled to be represented by the student's parent or
19-7 guardian or another adult who can provide guidance to the student
19-8 and who is not an employee of the school district. If the school
19-9 district makes a good-faith effort to inform the student and the
19-10 student's parent or guardian of the time and place of the hearing,
19-11 the district may hold the hearing regardless of whether the
19-12 student, the student's parent or guardian, or another adult
19-13 representing the student attends. If the decision to expel a
19-14 student is made by the board's designee, the decision may be
19-15 appealed to the board. Notwithstanding Section 7.154(e), the [The]
19-16 decision of the board may be appealed to the executive director or
19-17 a representative designated by the executive director. The
19-18 decision of the executive director or the designated representative
19-19 is binding on both parties, except that the decision may be
19-20 appealed by trial de novo to a district court of the county in
19-21 which the school district's central administrative office is
19-22 located.
19-23 SECTION 25. Section 39.022, Education Code, is amended to
19-24 read as follows:
19-25 Sec. 39.022. ASSESSMENT PROGRAM. The department [State
19-26 Board of Education] by rule shall create and implement a statewide
19-27 assessment program that is primarily performance-based to ensure
20-1 school accountability for student achievement that achieves the
20-2 goals provided under Section 4.002. After adopting rules under
20-3 this section, the department [State Board of Education] shall
20-4 consider the importance of maintaining stability in the statewide
20-5 assessment program when adopting any subsequent modification of the
20-6 rules.
20-7 SECTION 26. Sections 39.023(a), (c), (d), (g), and (h),
20-8 Education Code, are amended to read as follows:
20-9 (a) The department [agency] shall adopt appropriate
20-10 criterion-referenced assessment instruments designed to assess
20-11 competencies in reading, writing, mathematics, social studies, and
20-12 science. All students, except students [assessed under Subsection
20-13 (b) or] exempted under Section 39.027, shall be assessed in:
20-14 (1) reading and mathematics, annually in grades three
20-15 through nine [eight];
20-16 (2) writing, in grades four and eight; and
20-17 (3) social studies and science, at an appropriate
20-18 grade level determined by the State Board of Education.
20-19 (c) The department [agency] shall also adopt secondary
20-20 exit-level assessment instruments designed to assess competencies
20-21 in mathematics and English language arts. The English language
20-22 arts section must include the assessment of writing competencies.
20-23 [If a student is in a special education program under Subchapter A,
20-24 Chapter 29, the student's admission, review, and dismissal
20-25 committee shall determine whether any allowable modification is
20-26 necessary in administering to the student an assessment instrument
20-27 required under this subsection or whether the student should be
21-1 exempted under Section 39.027(a)(2).] The department [State Board
21-2 of Education] shall administer the assessment instruments. The
21-3 department [State Board of Education] shall adopt a schedule for
21-4 the administration of secondary exit-level assessment instruments.
21-5 Each student who did not perform satisfactorily on any secondary
21-6 exit-level assessment instrument when initially tested shall be
21-7 given multiple opportunities to retake that assessment instrument.
21-8 (d) The department [agency] shall adopt end-of-course
21-9 assessment instruments for students in secondary grades who have
21-10 completed Algebra I, Biology I, English II, and United States
21-11 history. [If a student is in a special education program under
21-12 Subchapter A, Chapter 29, the student's admission, review, and
21-13 dismissal committee shall determine whether any allowable
21-14 modification is necessary in administering to the student an
21-15 assessment instrument required under this subsection or whether the
21-16 student should be exempted under Section 39.027(a)(2).]
21-17 (g) The department [State Board of Education] may adopt one
21-18 appropriate, nationally recognized, norm-referenced assessment
21-19 instrument in reading and mathematics to be administered to a
21-20 selected sample of students in the spring. If adopted, a
21-21 norm-referenced assessment instrument must be a secured test. The
21-22 state may pay the costs of purchasing and scoring the adopted
21-23 assessment instrument and of distributing the results of the
21-24 adopted instrument to the school districts. A district that
21-25 administers the norm-referenced test adopted under this subsection
21-26 shall report the results to the department [agency] in a manner
21-27 prescribed by the department [commissioner].
22-1 (h) The department [agency] shall notify school districts
22-2 and campuses of the results of assessment instruments administered
22-3 under this section at the earliest possible date determined by the
22-4 department [State Board of Education] but not later than the
22-5 beginning of the subsequent school year.
22-6 SECTION 27. Subchapter B, Chapter 39, Education Code, is
22-7 amended by adding Section 39.0235 to read as follows:
22-8 Sec. 39.0235. STUDENT PREPARATION FOR ASSESSMENT
22-9 INSTRUMENTS. (a) In preparing students for an assessment
22-10 instrument adopted under Section 39.023, a school may not:
22-11 (1) teach students through the use of previous
22-12 versions of the assessment instrument; or
22-13 (2) instruct students on the format of a statewide
22-14 assessment instrument before one week before the date the
22-15 assessment instrument is to be administered.
22-16 (b) If the executive director determines that a school
22-17 district has violated this section, the commissioner may withhold
22-18 up to $1,000 for each classroom in which a violation occurred and
22-19 for each day on which a violation occurred from the state funding
22-20 under Chapter 42. If the district does not receive state funding
22-21 under Chapter 42, the district shall remit an amount equal to the
22-22 penalty to the comptroller for deposit in the foundation school
22-23 fund.
22-24 SECTION 28. Section 39.024, Education Code, is amended to
22-25 read as follows:
22-26 Sec. 39.024. SATISFACTORY PERFORMANCE. (a) Except as
22-27 otherwise provided by this subsection, the State Board of Education
23-1 shall determine the level of performance considered to be
23-2 satisfactory on the assessment instruments. [The admission,
23-3 review, and dismissal committee of a student being assessed under
23-4 Section 39.023(b) shall determine the level of performance
23-5 considered to be satisfactory on the assessment instruments
23-6 administered to that student in accordance with criteria
23-7 established by agency rule.]
23-8 (b) Each school district shall offer an intensive program of
23-9 instruction for students who did not perform satisfactorily on an
23-10 assessment instrument administered under this subchapter. The
23-11 intensive programs for students who did not perform satisfactorily
23-12 on an assessment instrument under Section 39.023(a) or (c) shall be
23-13 designed to enable the students to be performing at grade level at
23-14 the conclusion of the next regular school term. [The intensive
23-15 programs for students who did not perform satisfactorily on an
23-16 assessment instrument under Section 39.023(b) shall be designed by
23-17 each student's admission, review, and dismissal committee to enable
23-18 the student to attain a standard of annual growth on the basis of
23-19 the student's individualized education program.]
23-20 (c) The agency shall develop study guides to assist students
23-21 in achieving the goals of Section 4.002 [for the assessment
23-22 instruments administered under Sections 39.023(a) and (c)]. To
23-23 assist parents in providing assistance during the period that
23-24 school is recessed for summer, each school district shall
23-25 distribute the study guides to parents of students who do not
23-26 perform satisfactorily on one or more parts of an assessment
23-27 instrument administered under this subchapter. The commissioner
24-1 shall retain a portion of the total amount of funds allotted under
24-2 Section 42.152(a) that the commissioner considers appropriate to
24-3 finance the development and distribution of the study guides and
24-4 shall reduce each district's allotment proportionately.
24-5 SECTION 29. Section 39.026, Education Code, is amended to
24-6 read as follows:
24-7 Sec. 39.026. LOCAL OPTION. In addition to the assessment
24-8 instruments adopted [by the agency] and administered by the
24-9 department [State Board of Education], a school district may adopt
24-10 and administer criterion-referenced or norm-referenced assessment
24-11 instruments, or both, at any grade level. A norm-referenced
24-12 assessment instrument adopted under this section must be
24-13 economical, nationally recognized, and state-approved.
24-14 SECTION 30. Section 39.027, Education Code, is amended to
24-15 read as follows:
24-16 Sec. 39.027. EXEMPTION. (a) A student may be exempted from
24-17 the administration of an assessment instrument under the following
24-18 sections, but the student is considered to have failed the
24-19 instrument for purposes of school performance rankings and
24-20 evaluation:
24-21 (1) Section 39.023(a) [or (b)] if the student is
24-22 eligible for a special education program under Section 29.003 and
24-23 the student's individualized education program does not include
24-24 instruction in the essential knowledge and skills under Section
24-25 28.002 at any grade level;
24-26 (2) Section 39.023(c) or (d) if the student is
24-27 eligible for a special education program under Section 29.003 and:
25-1 (A) the student's individualized education
25-2 program does not include instruction in the essential knowledge and
25-3 skills under Section 28.002 at any grade level; or
25-4 (B) the assessment instrument, even with
25-5 allowable modifications, would not provide an appropriate measure
25-6 of the student's achievement as determined by the student's
25-7 admission, review, and dismissal committee; or
25-8 (3) Section 39.023 if the student is of limited
25-9 English proficiency, as defined by Section 29.052.
25-10 (b) The department [State Board of Education] shall adopt
25-11 rules under which a dyslexic student who is not exempt under
25-12 Subsection (a) may use procedures including oral examinations if
25-13 appropriate or may be allowed additional time or the materials or
25-14 technology necessary for the student to demonstrate the student's
25-15 mastery of the competencies the assessment instruments are designed
25-16 to measure.
25-17 (c) The executive director [commissioner] shall develop and
25-18 adopt a process for reviewing the exemption process of a school
25-19 district or shared services arrangement that gives an exemption
25-20 under Subsection (a)(1) as follows:
25-21 (1) to more than five percent of the students in the
25-22 special education program[, in the case of a district or shared
25-23 services arrangement with an average daily attendance of at least
25-24 1,600]; or
25-25 (2) to students that have spent more than three years
25-26 in a bilingual education program for students with limited English
25-27 proficiency [more than 10 percent of the students in the special
26-1 education program, in the case of a district or shared services
26-2 arrangement with an average daily attendance of at least 190 and
26-3 not more than 1,599; or]
26-4 [(3) to the greater of more than 10 percent of the
26-5 students in the special education program or to at least five
26-6 students in the special education program, in the case of a
26-7 district or shared services arrangement with an average daily
26-8 attendance of not more than 189].
26-9 [(d) Notwithstanding Subsection (a), in any year preceding
26-10 the adoption and administration of assessment instruments under
26-11 Section 39.023(b), a student who is eligible for a special
26-12 education program under Section 29.003 may be exempted from the
26-13 administration of an assessment instrument under Section 39.023(a)
26-14 if the assessment instrument, even with allowable modifications,
26-15 would not provide an appropriate measure of the student's
26-16 achievement as determined by the student's admission, review, and
26-17 dismissal committee. This subsection expires September 1, 2000.]
26-18 [(e) In this section, "average daily attendance" is computed
26-19 in the manner provided by Section 42.005.]
26-20 SECTION 31. Section 39.030(a), Education Code, is amended to
26-21 read as follows:
26-22 (a) In adopting academic skills assessment instruments under
26-23 this subchapter, the department, the comptroller, [State Board of
26-24 Education] or a school district shall ensure the security of the
26-25 instruments and tests in their preparation, administration, and
26-26 grading. Meetings or portions of meetings held by the department,
26-27 the comptroller, [State Board of Education] or a school district at
27-1 which individual assessment instruments or assessment instrument
27-2 items are discussed or adopted are not open to the public under
27-3 Chapter 551, Government Code, and the assessment instruments or
27-4 assessment instrument items are confidential.
27-5 SECTION 32. Sections 39.032(b), (c), (d), and (e), Education
27-6 Code, are amended to read as follows:
27-7 (b) A company or organization that grades an assessment
27-8 instrument shall report the results to the district and to the
27-9 department [agency] by campus and district and in comparison to
27-10 state and national averages, unless the department [agency]
27-11 requests a report of the results in another form.
27-12 (c) State and national norms of averages shall be computed
27-13 using data that are not more than six years old at the time the
27-14 assessment instrument is administered and that are representative
27-15 of the group of students to whom the assessment instrument is
27-16 administered. The standardization norms shall be based on a
27-17 national probability sample that meets accepted standards for
27-18 educational and psychological testing and shall be updated at least
27-19 every six years using proven psychometric procedures approved by
27-20 the department [State Board of Education].
27-21 (d) A company or organization that fails to comply with this
27-22 section is liable to the state in an amount equal to three times
27-23 the amount of actual damages. The actual damages are presumed to
27-24 be at least equal to the amount charged by the company or
27-25 organization to a school district for the assessment instrument,
27-26 including any charge for grading the assessment instrument. The
27-27 attorney general, a district attorney, or a county attorney may
28-1 bring suit to collect the damages on the request of the department
28-2 [State Board of Education] or on the request of a student or a
28-3 parent or guardian of a student to whom the assessment instrument
28-4 was administered.
28-5 (e) The department [State Board of Education] shall adopt
28-6 rules for the implementation of this section and for the
28-7 maintenance of the security of the contents of all assessment
28-8 instruments.
28-9 SECTION 33. Sections 39.033(a), (b), and (c), Education
28-10 Code, are amended to read as follows:
28-11 (a) Under an agreement with the department [agency], a
28-12 private school may administer an assessment instrument adopted
28-13 under this subchapter to students at the school.
28-14 (b) An agreement under this section must require the private
28-15 school to provide to the executive director [commissioner] the
28-16 information described by Section 39.051(b) and to maintain
28-17 confidentiality in compliance with Section 39.030.
28-18 (c) A private school must reimburse the department [agency]
28-19 for the cost of administering an assessment instrument under this
28-20 section. The department [State Board of Education] shall determine
28-21 the cost under this section. The per-student cost may not exceed
28-22 the cost of administering the same assessment to a student enrolled
28-23 in a public school district.
28-24 SECTION 34. Sections 39.051(a), (b), (c), (d), and (e),
28-25 Education Code, are amended to read as follows:
28-26 (a) The department [State Board of Education] shall adopt a
28-27 set of indicators of the quality of learning on a campus. The
29-1 department [State Board of Education] biennially shall review the
29-2 indicators for the consideration of appropriate revisions.
29-3 (b) Performance on the indicators adopted under this section
29-4 shall be compared to state-established standards. The degree of
29-5 change from one school year to the next in performance on each
29-6 indicator adopted under this section shall also be considered. The
29-7 indicators must be based on information that is disaggregated with
29-8 respect to race, ethnicity, sex, and socioeconomic status and must
29-9 include:
29-10 (1) the results of assessment instruments required
29-11 under Sections 39.023(a) and (c), aggregated by grade level and
29-12 subject area;
29-13 (2) dropout rates;
29-14 (3) student attendance rates;
29-15 (4) the percentage of graduating students who attain
29-16 scores on the secondary exit-level assessment instruments required
29-17 under Subchapter B that are equivalent to a passing score on the
29-18 test instrument required under Section 51.306;
29-19 (5) the percentage of graduating students who meet the
29-20 course requirements established for the recommended high school
29-21 program by State Board of Education rule;
29-22 (6) the results of the Scholastic Assessment Test
29-23 (SAT) and the American College Test;
29-24 (7) the percentage of students taking end-of-course
29-25 assessment instruments adopted under Section 39.023(d);
29-26 (8) the percentage of students exempted, by exemption
29-27 category, from the assessment program generally applicable under
30-1 this subchapter; and
30-2 (9) any other indicator the department [State Board of
30-3 Education] adopts.
30-4 (c) Performance on the indicator under Subsection (b)(1)
30-5 shall be compared to state standards, required improvement, and
30-6 comparable improvement. The state standard shall be established by
30-7 the department [commissioner]. Required improvement is defined as
30-8 the progress necessary for the campus or district to meet state
30-9 standards and for its students to meet exit requirements as defined
30-10 by the department [commissioner]. Comparable improvement is
30-11 derived by measuring campuses and districts against a profile
30-12 developed from a total state student performance database which
30-13 exhibits substantial equivalence to the characteristics of students
30-14 served by the campus or district, including past academic
30-15 performance, socioeconomic status, ethnicity, and limited English
30-16 proficiency.
30-17 (d) Annually, the department [commissioner] shall define
30-18 exemplary, recognized, and unacceptable performance for each
30-19 academic excellence indicator included under Subsections (b)(1)
30-20 through (6) and shall project the standards for each of those
30-21 levels of performance for succeeding years.
30-22 (e) Each school district shall cooperate with the department
30-23 [agency] in determining whether a student is a dropout under this
30-24 section.
30-25 SECTION 35. Sections 39.052(a) and (c), Education Code, are
30-26 amended to read as follows:
30-27 (a) Each school year, the department [agency] shall prepare
31-1 and distribute to each school district a report card for each
31-2 campus. The campus report cards must be based on the most current
31-3 data available disaggregated by student groups. Campus performance
31-4 must be compared to previous campus and district performance,
31-5 current district performance, state established standards, and
31-6 comparable campus group performance.
31-7 (c) The department [commissioner] shall adopt rules for
31-8 requiring dissemination of appropriate student performance portions
31-9 of campus report cards annually to the parent, guardian,
31-10 conservator, or other person having lawful control of each student
31-11 at the campus. On written request, the school district shall
31-12 provide a copy of a campus report card to any other party.
31-13 SECTION 36. Sections 39.053(b), (c), and (d), Education
31-14 Code, are amended to read as follows:
31-15 (b) The board of trustees shall hold a hearing for public
31-16 discussion of the report. The board of trustees shall give notice
31-17 of the hearing to property owners in the district and parents,
31-18 guardians, conservators, and other persons having lawful control of
31-19 a district student. The notification must include notice to a
31-20 newspaper of general circulation in the district and notice to
31-21 electronic media serving the district. After the hearing the
31-22 report shall be widely disseminated within the district in a manner
31-23 to be determined under rules adopted by the department
31-24 [commission].
31-25 (c) The report must also include a comparison provided by
31-26 the department [agency] of:
31-27 (1) the performance of each campus to its previous
32-1 performance and to state-established standards;
32-2 (2) the performance of each district to its previous
32-3 performance and to state-established standards; and
32-4 (3) the performance of each campus or district to
32-5 comparable improvement.
32-6 (d) The report must [may] include the following information:
32-7 (1) student information, including total enrollment,
32-8 enrollment by ethnicity, economic status, and grade groupings,
32-9 turnover rate, and retention rates;
32-10 (2) financial information, including revenues and
32-11 expenditures;
32-12 (3) staff information, including number and type of
32-13 staff by sex, ethnicity, years of experience, and highest degree
32-14 held, teacher and administrator salaries, and teacher turnover;
32-15 (4) program information, including student enrollment
32-16 by program, teachers by program, and instructional operating
32-17 expenditures by program; and
32-18 (5) the number of students placed in an alternative
32-19 education program under Chapter 37.
32-20 SECTION 37. Section 39.072, Education Code, is amended to
32-21 read as follows:
32-22 Sec. 39.072. ACCREDITATION STANDARDS. (a) The department
32-23 [State Board of Education] shall adopt rules to evaluate the
32-24 performance of school districts and to assign to each district a
32-25 performance rating as follows:
32-26 (1) exemplary (meets or exceeds state exemplary
32-27 standards);
33-1 (2) recognized (meets or exceeds required improvement
33-2 and within 10 percent of state exemplary standards);
33-3 (3) academically acceptable (below the exemplary and
33-4 recognized standards but exceeds the academically unacceptable
33-5 standards); or
33-6 (4) academically unacceptable (below the state clearly
33-7 unacceptable performance standard and does not meet required
33-8 improvement).
33-9 (b) The academic excellence indicators adopted under
33-10 Sections 39.051(b)(1) through (6) shall be the main consideration
33-11 of the agency in the rating of the district under this section.
33-12 Additional criteria in the rules may include consideration of:
33-13 (1) compliance with statutory requirements and
33-14 requirements imposed by rule of the State Board of Education or the
33-15 comptroller under specific statutory authority that relate to:
33-16 (A) reporting data through the Public Education
33-17 Information Management System (PEIMS);
33-18 (B) the high school graduation requirements
33-19 under Section 28.025; or
33-20 (C) an item listed in Sections
33-21 7.056(e)(3)(C)-(I) that applies to the district; and
33-22 (2) the effectiveness of the district's programs in
33-23 special education based on the agency's most recent compliance
33-24 review of the district and programs for special populations.
33-25 (c) The department [agency] shall evaluate against state
33-26 standards and shall report the performance of each campus in a
33-27 district and each open-enrollment charter school on the basis of
34-1 the campus's performance on the indicators adopted under Sections
34-2 39.051(b)(1) through (6).
34-3 SECTION 38. Sections 39.073(a) and (d), Education Code, are
34-4 amended to read as follows:
34-5 (a) The department [agency] shall annually review the
34-6 performance of each district and campus on the indicators adopted
34-7 under Sections 39.051(b)(1) through (6) and determine if a change
34-8 in the accreditation status of the district is warranted.
34-9 (d) The department [commissioner] shall notify a district
34-10 that is rated academically unacceptable that the performance of the
34-11 district or a campus in the district is below each standard under
34-12 Subsection (b) and shall require the district to notify property
34-13 owners and parents in the district of the lowered accreditation
34-14 rating and its implication.
34-15 SECTION 39. Sections 39.074(a), (b), (c), (d), and (e),
34-16 Education Code, are amended to read as follows:
34-17 (a) The comptroller [commissioner] may:
34-18 (1) direct the department [agency] to conduct on-site
34-19 investigations at any time to answer any questions concerning a
34-20 program, including special education, required by federal law or
34-21 for which the district receives federal funds; and
34-22 (2) raise or lower the performance rating as a result
34-23 of the investigation.
34-24 (b) The comptroller [commissioner] shall determine the
34-25 frequency of on-site investigations by the department [agency]
34-26 according to annual comprehensive analyses of student performance
34-27 and equity in relation to the academic excellence indicators
35-1 adopted under Section 39.051.
35-2 (c) In making an on-site accreditation investigation, the
35-3 investigators shall obtain information from administrators,
35-4 teachers, and parents of students enrolled in the district. The
35-5 investigation may not be closed until information is obtained from
35-6 each of those sources. The comptroller [State Board of Education]
35-7 shall adopt rules for:
35-8 (1) obtaining information from parents and using that
35-9 information in the investigator's report; and
35-10 (2) obtaining information from teachers in a manner
35-11 that prevents a campus or district from screening the information.
35-12 (d) The department [agency] shall give written notice to the
35-13 superintendent and the board of trustees of any impending
35-14 investigation of the district's accreditation.
35-15 (e) If an annual review indicates low performance or
35-16 unusually high performance on one or more of the indicators under
35-17 Sections 39.051(b)(1) through (6) of one or more campuses in a
35-18 district, the department [agency] may conduct an on-site evaluation
35-19 of those campuses only.
35-20 SECTION 40. Section 39.075, Education Code, is amended to
35-21 read as follows:
35-22 Sec. 39.075. SPECIAL ACCREDITATION INVESTIGATIONS. (a) The
35-23 comptroller [commissioner] shall authorize special accreditation
35-24 investigations to be conducted under the following circumstances:
35-25 (1) when excessive numbers of absences of students
35-26 eligible to be tested on state assessment instruments are
35-27 determined;
36-1 (2) when excessive numbers of allowable exemptions
36-2 from the required state assessment are determined;
36-3 (3) in response to complaints submitted to the agency
36-4 with respect to alleged violations of civil rights or other
36-5 requirements imposed on the state by federal law or court order;
36-6 (4) in response to established compliance reviews of
36-7 the district's financial accounting practices and state and federal
36-8 program requirements;
36-9 (5) when extraordinary numbers of student placements
36-10 in alternative education programs[, other than placements under
36-11 Sections 37.006 and 37.007,] are determined; or
36-12 (6) in response to an allegation involving a conflict
36-13 between members of the board of trustees or between the board and
36-14 the district administration if it appears that the conflict
36-15 involves a violation of a role or duty of the board members or the
36-16 administration clearly defined by this code.
36-17 (b) If the department's [agency's] findings in an
36-18 investigation under Subsection (a)(6) indicate that the board of
36-19 trustees has observed a lawfully adopted policy, the department
36-20 [agency] may not substitute its judgment for that of the board.
36-21 (c) Based on the results of a special accreditation
36-22 investigation, the comptroller [commissioner] may lower the
36-23 district's accreditation rating and may take appropriate action
36-24 under Subchapter G.
36-25 SECTION 41. Section 39.076, Education Code, is amended to
36-26 read as follows:
36-27 Sec. 39.076. CONDUCT OF INVESTIGATIONS. (a) The department
37-1 [agency] shall adopt written procedures for conducting on-site
37-2 investigations under this subchapter. The department [agency]
37-3 shall make the procedures available to the complainant, the alleged
37-4 violator, and the public. Department [Agency] staff must be
37-5 trained in the procedures and must follow the procedures in
37-6 conducting the investigation.
37-7 (b) After completing an investigation, the department
37-8 [agency] shall present preliminary findings to any person the
37-9 department [agency] finds has violated a law, rule, or policy.
37-10 Before issuing a report with its final findings, the department
37-11 [agency] must provide a person the department [agency] finds has
37-12 violated a law, rule, or policy an opportunity for an informal
37-13 review by the executive director [commissioner] or a designated
37-14 hearing examiner.
37-15 SECTION 42. Section 39.131, Education Code, is amended to
37-16 read as follows:
37-17 Sec. 39.131. SANCTIONS. (a) If a district does not satisfy
37-18 the accreditation criteria, the comptroller [commissioner] shall
37-19 take any of the following actions, listed in order of severity, to
37-20 the extent the comptroller [commissioner] determines necessary:
37-21 (1) issue public notice of the deficiency to the board
37-22 of trustees;
37-23 (2) order a hearing conducted by the board of trustees
37-24 of the district for the purpose of notifying the public of the
37-25 unacceptable performance, the improvements in performance expected
37-26 by the agency, and the sanctions that may be imposed under this
37-27 section if the performance does not improve;
38-1 (3) order the preparation of a student achievement
38-2 improvement plan that addresses each academic excellence indicator
38-3 for which the district's performance is unacceptable, the
38-4 submission of the plan to the comptroller [commissioner] for
38-5 approval, and implementation of the plan;
38-6 (4) order a hearing to be held before the comptroller
38-7 [commissioner] or the comptroller's [commissioner's] designee at
38-8 which the president of the board of trustees of the district and
38-9 the superintendent shall appear and explain the district's low
38-10 performance, lack of improvement, and plans for improvement;
38-11 (5) arrange an on-site investigation of the district;
38-12 (6) appoint a department [an agency] monitor to
38-13 participate in and report to the department [agency] on the
38-14 activities of the board of trustees or the superintendent;
38-15 (7) appoint a master to oversee the operations of the
38-16 district;
38-17 (8) appoint a management team to direct the operations
38-18 of the district in areas of unacceptable performance or require the
38-19 district to obtain certain services under a contract with another
38-20 person;
38-21 (9) if a district has been rated as academically
38-22 unacceptable for a period of one year or more, appoint a board of
38-23 managers composed of residents of the district to exercise the
38-24 powers and duties of the board of trustees; or
38-25 (10) if a district has been rated as academically
38-26 unacceptable for a period of two years or more, annex the district
38-27 to one or more adjoining districts under Section 13.054 or in the
39-1 case of a home-rule school district, request the State Board of
39-2 Education to revoke the district's home-rule school district
39-3 charter.
39-4 (b) If a campus performance is below any standard under
39-5 Section 39.073(b), the campus is considered a low-performing campus
39-6 and the comptroller [commissioner] may take any of the following
39-7 actions, listed in order of severity, to the extent the comptroller
39-8 [commissioner] determines necessary:
39-9 (1) issue public notice of the deficiency to the board
39-10 of trustees;
39-11 (2) order a hearing conducted by the board of trustees
39-12 at the campus for the purpose of notifying the public of the
39-13 unacceptable performance, the improvements in performance expected
39-14 by the department [agency], and the sanctions that may be imposed
39-15 under this section if the performance does not improve within a
39-16 designated period of time and of soliciting public comment on the
39-17 initial steps being taken to improve performance;
39-18 (3) order the preparation of a student achievement
39-19 improvement plan that addresses each academic excellence indicator
39-20 for which the campus's performance is unacceptable, the submission
39-21 of the plan to the comptroller [commissioner] for approval, and
39-22 implementation of the plan;
39-23 (4) order a hearing to be held before the comptroller
39-24 [commissioner] or the comptroller's [commissioner's] designee at
39-25 which the president of the board of trustees, the superintendent,
39-26 and the campus principal shall appear and explain the campus's low
39-27 performance, lack of improvement, and plans for improvement;
40-1 (5) appoint a special campus intervention team to:
40-2 (A) conduct a comprehensive on-site evaluation
40-3 of each low-performing campus to determine the cause for the
40-4 campus's low performance and lack of progress;
40-5 (B) recommend actions, including reallocation of
40-6 resources and technical assistance, changes in school procedures or
40-7 operations, staff development for instructional and administrative
40-8 staff, intervention for individual administrators or teachers,
40-9 waivers from state statute or rule, or other actions the team
40-10 considers appropriate;
40-11 (C) assist in the development of a campus plan
40-12 for student achievement; and
40-13 (D) assist the comptroller [commissioner] in
40-14 monitoring the progress of the campus in implementing the campus
40-15 plan for improvement of student achievement;
40-16 (6) if a campus has been a low-performing campus for a
40-17 period of one year or more, appoint a board of managers composed of
40-18 residents of the district to exercise the powers and duties of the
40-19 board of trustees of the district in relation to the campus; or
40-20 (7) if a campus has been a low-performing campus for a
40-21 period of two years or more, order closure of the school program on
40-22 the campus.
40-23 (c) The comptroller [commissioner] shall review annually the
40-24 performance of a district or campus subject to this section to
40-25 determine the appropriate actions to be implemented under this
40-26 section. The comptroller [commissioner] must review at least
40-27 annually the performance of a district for which the accreditation
41-1 rating has been lowered due to unacceptable student performance and
41-2 may not raise the rating until the district has demonstrated
41-3 improved student performance. If the review reveals a lack of
41-4 improvement, the comptroller [commissioner] shall increase the
41-5 level of state intervention and sanction unless the comptroller
41-6 [commissioner] finds good cause for maintaining the current status.
41-7 (d) The costs of providing a monitor, master, management
41-8 team, or special campus intervention team shall be paid by the
41-9 district.
41-10 (e) The comptroller [commissioner] shall clearly define the
41-11 powers and duties of a master or management team appointed to
41-12 oversee the operations of the district. At least every 90 days,
41-13 the comptroller [commissioner] shall review the need for the master
41-14 or management team and shall remove the master or management team
41-15 unless the comptroller [commissioner] determines that continued
41-16 appointment is necessary for effective governance of the district
41-17 or delivery of instructional services. A master or management
41-18 team, if directed by the comptroller [commissioner], shall prepare
41-19 a plan for the implementation of action under Subsection (a)(9) or
41-20 (10). The master or management team:
41-21 (1) may direct an action to be taken by the principal
41-22 of a campus, the superintendent of the district, or the board of
41-23 trustees of the district;
41-24 (2) may approve or disapprove any action of the
41-25 principal of a campus, the superintendent of the district, or the
41-26 board of trustees of the district;
41-27 (3) may not take any action concerning a district
42-1 election, including ordering or canceling an election or altering
42-2 the date of or the polling places for an election;
42-3 (4) may not change the number of or method of
42-4 selecting the board of trustees;
42-5 (5) may not set a tax rate for the district; and
42-6 (6) may not adopt a budget for the district that
42-7 provides for spending a different amount, exclusive of required
42-8 debt service, from that previously adopted by the board of
42-9 trustees.
42-10 (f) A special campus intervention team appointed under this
42-11 section may consist of teachers, principals, other educational
42-12 professionals, and superintendents recognized for excellence in
42-13 their roles and appointed by the comptroller [commissioner] to
42-14 serve as members of a team.
42-15 (g) If the comptroller [commissioner] appoints a board of
42-16 managers to govern a district, the powers of the board of trustees
42-17 of the district are suspended for the period of the appointment and
42-18 the comptroller [commissioner] shall appoint a district
42-19 superintendent. Notwithstanding any other provision of this code,
42-20 the board of managers may amend the budget of the district.
42-21 (h) If the comptroller [commissioner] appoints a board of
42-22 managers to govern a campus, the powers of the board of trustees of
42-23 the district in relation to the campus are suspended for the period
42-24 of the appointment and the comptroller [commissioner] shall appoint
42-25 a campus principal. Notwithstanding any other provision of this
42-26 code, the board of managers may submit to the comptroller
42-27 [commissioner] for approval amendments to the budget of the
43-1 district for the benefit of the campus. If the comptroller
43-2 [commissioner] approves the amendments, the board of trustees of
43-3 the district shall adopt the amendments.
43-4 SECTION 43. The heading to Subchapter H, Chapter 39,
43-5 Education Code, is amended to read as follows:
43-6 SUBCHAPTER H. REPORTS BY TEXAS EDUCATION AGENCY
43-7 AND EDUCATION TESTING AND ACCOUNTABILITY DEPARTMENT
43-8 SECTION 44. Sections 39.181(a) and (d), Education Code, are
43-9 amended to read as follows:
43-10 (a) Each report required by this subchapter must:
43-11 (1) unless otherwise specified, contain summary
43-12 information and analysis only, with an indication that the agency
43-13 or the department will provide the data underlying the report on
43-14 request;
43-15 (2) specify a person at the agency and a person at the
43-16 department who may be contacted for additional information
43-17 regarding the report and provide each [the] person's telephone
43-18 number; and
43-19 (3) identify other sources of related information,
43-20 indicating the level of detail and format of information that may
43-21 be obtained, including the availability of any information on the
43-22 Texas Education Network.
43-23 (d) Subsections (a) and (b) apply to any report required by
43-24 statute that the agency, the department, or the State Board of
43-25 Education must prepare and deliver to the governor, lieutenant
43-26 governor, speaker of the house of representatives, or legislature.
43-27 SECTION 45. Section 39.182, Education Code, is amended to
44-1 read as follows:
44-2 Sec. 39.182. COMPREHENSIVE BIENNIAL REPORTS [REPORT]. (a)
44-3 The agency and the department shall prepare and deliver separate
44-4 reports to the governor, the lieutenant governor, the speaker of
44-5 the house of representatives, each member of the legislature, the
44-6 Legislative Budget Board, and the clerks of the standing committees
44-7 of the senate and house of representatives with primary
44-8 jurisdiction over the public school system a comprehensive report
44-9 covering the preceding two school years and containing:
44-10 (1) an evaluation of the achievements of the state
44-11 educational program in relation to the statutory goals for the
44-12 public education system under Section 4.002;
44-13 (2) an evaluation of the status of education in the
44-14 state as reflected by the academic excellence indicators adopted
44-15 under Section 39.051;
44-16 (3) a summary compilation of overall student
44-17 performance on academic skills assessment instruments required by
44-18 Section 39.023, aggregated by grade level, subject area, campus,
44-19 and district, with appropriate interpretations and analysis and
44-20 disaggregated by race, ethnicity, sex, and socioeconomic status;
44-21 (4) an evaluation of the correlation between student
44-22 grades and student performance on academic skills assessment
44-23 instruments required by Section 39.023;
44-24 (5) a statement of the dropout rate of students in
44-25 grade levels 7 through 12, expressed in the aggregate and by grade
44-26 level;
44-27 (6) a statement of the projected cross-sectional and
45-1 longitudinal dropout rates for grade levels 7 through 12 for the
45-2 next five years, assuming no state action is taken to reduce the
45-3 dropout rate;
45-4 (7) in the agency report, a description of a
45-5 systematic plan for reducing the projected cross-sectional and
45-6 longitudinal dropout rates [to five percent or less for the
45-7 1997-1998 school year];
45-8 (8) a summary of the information required by Section
45-9 29.083 regarding grade level retention of students;
45-10 (9) a list of each school district or campus that does
45-11 not satisfy performance standards, with an explanation of the
45-12 actions taken by the commissioner to improve student performance in
45-13 the district or campus and an evaluation of the results of those
45-14 actions;
45-15 (10) an evaluation of the status of the curriculum
45-16 taught in public schools, with recommendations for legislative
45-17 changes necessary to improve or modify the curriculum required by
45-18 Section 28.002;
45-19 (11) a description of all funds received by and each
45-20 activity and expenditure of the agency or department, as
45-21 appropriate;
45-22 (12) a summary and analysis of the compliance of
45-23 school districts with administrative cost ratios set by the
45-24 commissioner under Section 42.201, including any improvements and
45-25 cost savings achieved by school districts;
45-26 (13) a summary of the effect of deregulation,
45-27 including exemptions and waivers granted under Section 7.056 [or
46-1 39.112];
46-2 (14) a statement of the total number and length of
46-3 reports that school districts and school district employees must
46-4 submit to the agency or to the department, identifying which
46-5 reports are required by federal statute or rule, state statute,
46-6 comptroller rule, or agency rule, and a summary of the agency's or
46-7 department's efforts to reduce overall reporting requirements; and
46-8 (15) any additional information considered important
46-9 by the commissioner, the comptroller, or the State Board of
46-10 Education.
46-11 (b) [In reporting the information required by Subsection
46-12 (a)(3), the agency may separately aggregate the performance data of
46-13 students enrolled in a special education program under Subchapter
46-14 A, Chapter 29, or a bilingual education or special language program
46-15 under Subchapter B, Chapter 29.]
46-16 [(c)] Each report must contain the most recent data
46-17 available.
46-18 SECTION 46. Section 39.183, Education Code, is amended to
46-19 read as follows:
46-20 Sec. 39.183. REGIONAL AND DISTRICT LEVEL REPORT. The agency
46-21 shall prepare and deliver to the governor, the lieutenant governor,
46-22 the speaker of the house of representatives, each member of the
46-23 legislature, the Legislative Budget Board, and the clerks of the
46-24 standing committees of the senate and house of representatives with
46-25 primary jurisdiction over the public school system a regional and
46-26 district level report covering the preceding two school years and
46-27 containing:
47-1 (1) a summary of school district compliance with the
47-2 student/teacher ratios and class-size limitations prescribed by
47-3 Sections 25.111 and 25.112, including the number of districts
47-4 granted an exception from Section 25.112;
47-5 (2) a summary of the exemptions and waivers granted to
47-6 school districts under Section 7.056 [or 39.112] and a review of
47-7 the effectiveness of each campus or district following
47-8 deregulation; and
47-9 (3) an evaluation of the performance of the system of
47-10 regional education service centers based on the indicators adopted
47-11 under Section 8.101 and client satisfaction with services provided
47-12 under Subchapter B, Chapter 8.
47-13 SECTION 47. Section 41.013(a), Education Code, is amended to
47-14 read as follows:
47-15 (a) Except as provided by Subchapter G, a decision of the
47-16 commissioner under this chapter may be appealed to a district court
47-17 in Travis County. An appeal must be made by serving the
47-18 commissioner with citation issued and served in the manner provided
47-19 by law for civil suits. The petition must state the decision from
47-20 which the appeal is taken. At trial, the court shall determine all
47-21 issues of law and fact [is appealable under Section 7.057].
47-22 SECTION 48. Sections 42.006(b) and (c), Education Code, are
47-23 amended to read as follows:
47-24 (b) Each school district shall use a uniform accounting
47-25 system adopted by the comptroller [commissioner] for the data
47-26 required to be reported for the Public Education Information
47-27 Management System.
48-1 (c) Annually, the comptroller [commissioner] shall review
48-2 the Public Education Information Management System and shall repeal
48-3 or amend rules that require school districts to provide information
48-4 through the Public Education Information Management System that is
48-5 not necessary. In reviewing and revising the Public Education
48-6 Information Management System, the comptroller [commissioner] shall
48-7 develop rules to ensure that the system:
48-8 (1) provides useful, accurate, and timely information
48-9 on student demographics and academic performance, personnel, and
48-10 school district finances;
48-11 (2) contains only the data necessary for the
48-12 legislature and the agency to perform their legally authorized
48-13 functions in overseeing the public education system; and
48-14 (3) does not contain any information related to
48-15 instructional methods, except as required by federal law.
48-16 SECTION 49. Section 42.151, Education Code, is amended by
48-17 amending Subsection (j) and adding Subsection (m) to read as
48-18 follows:
48-19 (j) A school district that maintains for two successive
48-20 years more than five percent of the district's students [a ratio of
48-21 full-time equivalent students placed in partially or totally
48-22 self-contained classrooms to the number of full-time equivalent
48-23 students placed] in resource room or mainstream instructional
48-24 arrangements [that is 25 percent higher than the statewide average
48-25 ratio] shall be reviewed by the department [agency] to determine
48-26 the appropriateness of student placement. The commissioner may
48-27 reduce the special education allotment the district receives to the
49-1 level to which the district would be entitled if the district had
49-2 not more than five percent of the district's students in special
49-3 education [district's ratio was not more than 25 percent higher
49-4 than the statewide average ratio].
49-5 (m) The comptroller shall establish procedures for
49-6 inspection of school districts by the department to ensure that the
49-7 admission, review, and dismissal committees for special education
49-8 students use equitable and consistent policies in:
49-9 (1) developing individualized education programs (IEP)
49-10 for the students;
49-11 (2) developing individual transition plans (ITP) for
49-12 the students; and
49-13 (3) granting exemptions from the administration of
49-14 assessment instruments under Section 39.027.
49-15 SECTION 50. Sections 7.057, 33.081(g), 39.023(b), (e), (i),
49-16 and (k), 39.030(c), 39.031, 39.051(f), and 39.112, Education Code,
49-17 are repealed.
49-18 SECTION 51. (a) This Act takes effect September 1, 1999.
49-19 (b) The Education Testing and Accountability Department is
49-20 created on September 1, 1999.
49-21 (c) As soon as practicable after the comptroller appoints an
49-22 executive director of the Education Testing and Accountability
49-23 Department, but not later than April 1, 2000:
49-24 (1) all powers, duties, rights, and obligations of the
49-25 commissioner of education and the Texas Education Agency relating
49-26 to public school system accountability, as added and amended by
49-27 this Act, are transferred to the comptroller and the Education
50-1 Testing and Accountability Department, as specified by this Act;
50-2 (2) except as provided by Subsection (d) of this
50-3 section, all assets, liabilities, personnel, equipment, data,
50-4 documents, facilities, and other items relating to public school
50-5 system accountability are transferred from the Texas Education
50-6 Agency to the Education Testing and Accountability Department; and
50-7 (3) any appropriation to the commissioner of education
50-8 or the Texas Education Agency relating to public school system
50-9 accountability is transferred to the Education Testing and
50-10 Accountability Department.
50-11 (d) The commissioner of education may decide whether to
50-12 transfer to the Education Testing and Accountability Department:
50-13 (1) personnel who perform both duties that relate to
50-14 public school system accountability and duties that do not relate
50-15 to public school system accountability; and
50-16 (2) assets used both for public school system
50-17 accountability and operations other than public school system
50-18 accountability.
50-19 (e) The officers and employees of the office of the
50-20 commissioner of education and the Texas Education Agency shall
50-21 cooperate fully with the reorganization.
50-22 (f) The transfer of functions under Subsection (c) of this
50-23 section shall occur on the date specified in an interagency
50-24 contract among the commissioner of education, the Texas Education
50-25 Agency, the comptroller, and the Education Testing and
50-26 Accountability Department.
50-27 (g) Notwithstanding the changes made by this Act, the
51-1 commissioner of education and the Texas Education Agency retain all
51-2 powers and duties relating to public school system accountability
51-3 until the effective date of the transfer under Subsection (c) of
51-4 this section.
51-5 (h) The Education Testing and Accountability Department, the
51-6 executive director or acting executive director, or other employees
51-7 of that department may use the Austin office of the Texas Education
51-8 Agency before the transfer of functions under Subsection (c) of
51-9 this section, and lawful expenses related to public school system
51-10 accountability incurred by the comptroller or the department before
51-11 the transfer of functions under Subsection (c) of this section are
51-12 payable from appropriations subject to transfer under that
51-13 subsection.
51-14 (i) A change in law made by this Act does not affect:
51-15 (1) the validity of any action taken by the
51-16 commissioner or the Texas Education Agency relating to public
51-17 school system accountability before the effective date of the
51-18 change in law; or
51-19 (2) a civil, criminal, or administrative proceeding
51-20 completed before or in progress on the effective date of this Act.
51-21 SECTION 52. The importance of this legislation and the
51-22 crowded condition of the calendars in both houses create an
51-23 emergency and an imperative public necessity that the
51-24 constitutional rule requiring bills to be read on three several
51-25 days in each house be suspended, and this rule is hereby suspended.