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A BILL TO BE ENTITLED
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AN ACT
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relating to public school accountability, curriculum, and |
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promotion requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 7.056(e) and (f), Education Code, are |
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amended to read as follows: |
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(e) Except as provided by Subsection (f), a school campus or |
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district may not receive an exemption or waiver under this section |
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from: |
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(1) a prohibition on conduct that constitutes a |
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criminal offense; |
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(2) a requirement imposed by federal law or rule, |
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including a requirement for special education or bilingual |
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education programs; or |
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(3) a requirement, restriction, or prohibition |
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relating to: |
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(A) essential knowledge or skills under Section |
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28.002 or high school [minimum] graduation requirements under |
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Section 28.025; |
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(B) public school accountability as provided by |
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Subchapters B, C, D, E, and J [G], Chapter 39; |
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(C) extracurricular activities under Section |
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33.081 or participation in a University Interscholastic League |
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area, regional, or state competition under Section 33.0812; |
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(D) health and safety under Chapter 38; |
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(E) purchasing under Subchapter B, Chapter 44; |
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(F) elementary school class size limits, except |
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as provided by Section 25.112; |
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(G) removal of a disruptive student from the |
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classroom under Subchapter A, Chapter 37; |
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(H) at-risk programs under Subchapter C, Chapter |
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29; |
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(I) prekindergarten programs under Subchapter E, |
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Chapter 29; |
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(J) educator rights and benefits under |
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Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter |
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A, Chapter 22; |
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(K) special education programs under Subchapter |
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A, Chapter 29; |
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(L) bilingual education programs under |
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Subchapter B, Chapter 29; or |
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(M) the requirements for the first day of |
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instruction under Section 25.0811. |
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(f) A school district or campus that is required to develop |
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and implement a student achievement improvement plan under Section |
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39.102 [39.131] or 39.103 [39.132] may receive an exemption or |
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waiver under this section from any law or rule other than: |
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(1) a prohibition on conduct that constitutes a |
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criminal offense; |
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(2) a requirement imposed by federal law or rule; |
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(3) a requirement, restriction, or prohibition |
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imposed by state law or rule relating to: |
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(A) public school accountability as provided by |
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Subchapters B, C, D, E, and J [G], Chapter 39; or |
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(B) educator rights and benefits under |
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Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter |
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A, Chapter 22; or |
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(4) textbook selection under Chapter 31. |
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SECTION 2. Section 11.203(d), Education Code, is amended to |
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read as follows: |
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(d) A principal who was employed as a principal at a campus |
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that was [of a campus] rated academically unacceptable during the |
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preceding school year [, as well as any person employed to replace
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that principal,] shall participate in the program and complete the |
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program requirements not later than a date determined by the |
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commissioner. |
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SECTION 3. Section 12.104(b), Education Code, is amended to |
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read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; and |
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(2) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) [satisfactory performance on assessment
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instruments and to] accelerated instruction under Section 28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E, |
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Chapter 29; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(K) health and safety under Chapter 38; |
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(L) public school accountability under |
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Subchapters B, C, D, E, and J [G], Chapter 39; |
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(M) the requirement under Section 21.006 to |
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report an educator's misconduct; and |
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(N) intensive programs of instruction under |
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Section 28.0213. |
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SECTION 4. Section 28.002, Education Code, is amended by |
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adding Subsections (c-1) and (c-2) to read as follows: |
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(c-1) The State Board of Education shall adopt rules to |
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allow courses offered in the foundation curriculum or the |
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enrichment curriculum to simultaneously satisfy, to the extent |
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practicable, more than one required credit for the minimum, |
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recommended, or advanced high school program in which the student |
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is participating. |
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(c-2) The State Board of Education shall adopt rules to |
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authorize each school district to implement a program under which |
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students in middle or junior high school may earn credits toward |
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high school graduation in middle or junior high school for any |
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course determined by board rule to qualify as a high school |
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equivalent course. |
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SECTION 5. The heading to Section 28.0211, Education Code, |
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is amended to read as follows: |
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Sec. 28.0211. STUDENT ADVANCEMENT DETERMINATION; |
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[SATISFACTORY] PERFORMANCE ON ASSESSMENT INSTRUMENTS [REQUIRED]; |
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ACCELERATED INSTRUCTION. |
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SECTION 6. Section 28.0211, Education Code, is amended by |
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amending Subsections (a), (b), (c), (d), (e), (f), (g), and (i) and |
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adding Subsections (d-1), (d-2), and (d-3) to read as follows: |
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(a) Not later than the first day of the school year, a school |
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district shall determine the requirements for student advancement |
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from one grade level to the next. In determining whether a student |
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may be promoted to the next grade level, the district shall |
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consider: |
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(1) the recommendation of the student's teacher; |
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(2) the student's grade in each subject or course; |
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(3) the student's score on an assessment instrument |
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administered under Section 39.023(a), (b), or (l); and |
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(4) any other necessary information, as determined by |
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the district. [Except as provided by Subsection (b) or (e), a
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student may not be promoted to:
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[(1)
the fourth grade program to which the student
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would otherwise be assigned if the student does not perform
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satisfactorily on the third grade reading assessment instrument
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under Section 39.023;
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[(2)
the sixth grade program to which the student
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would otherwise be assigned if the student does not perform
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satisfactorily on the fifth grade mathematics and reading
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assessment instruments under Section 39.023; or
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[(3)
the ninth grade program to which the student
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would otherwise be assigned if the student does not perform
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satisfactorily on the eighth grade mathematics and reading
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assessment instruments under Section 39.023.] |
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(b) A school district shall provide to a student who |
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initially fails to perform satisfactorily on the third grade |
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reading assessment instrument, the fifth grade mathematics and |
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reading assessment instruments, or the eighth grade mathematics and |
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reading assessment instruments under Section 39.023 an [assessment
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instrument specified under Subsection (a) at least two] additional |
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opportunity [opportunities] to take the assessment instrument. [A
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school district may administer an alternate assessment instrument
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to a student who has failed an assessment instrument specified
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under Subsection (a) on the previous two opportunities.
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Notwithstanding any other provision of this section, a student may
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be promoted if the student performs at grade level on an alternate
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assessment instrument under this subsection that is appropriate for
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the student's grade level and approved by the commissioner.] |
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(c) If [Each time] a student fails to perform satisfactorily |
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on an assessment instrument specified under Subsection (b) [(a)], |
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the school district [in which the student attends school] shall |
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[provide to the student accelerated instruction in the applicable
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subject area, including reading instruction for a student who fails
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to perform satisfactorily on a reading assessment instrument.
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After a student fails to perform satisfactorily on an assessment
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instrument a second time, a grade placement committee shall be
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established to] prescribe [the] accelerated instruction for [the
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district shall provide to] the student [before the student is
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administered the assessment instrument the third time. The grade
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placement committee shall be composed of the principal or the
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principal's designee, the student's parent or guardian, and the
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teacher of the subject of an assessment instrument on which the
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student failed to perform satisfactorily. The district shall
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notify the parent or guardian of the time and place for convening
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the grade placement committee and the purpose of the committee]. |
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The accelerated instruction program provided under this subsection |
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must be systematic and may not be based solely on assessment |
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instrument practice skills and: |
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(1) must provide for instruction in the applicable |
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subject area; |
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(2) must be developed in consultation with the |
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student's parent or guardian; and |
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(3) [An accelerated instruction group administered by
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a school district under this section] may not have a ratio of more |
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than 10 students for each teacher in an accelerated instruction |
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group. |
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(d) In addition to providing accelerated instruction to a |
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student under Subsection (c), the school district shall notify the |
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student's parent or guardian of: |
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(1) the information collected under Subsection (a), |
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including if applicable, the student's failure to perform |
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satisfactorily on the assessment instrument; |
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(2) the accelerated instruction program to which the |
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student is assigned; [and] |
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(3) the possibility that the student might be retained |
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at the same grade level for the next school year; |
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(4) the areas requiring improvement for the student to |
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meet the requirements for advancement from one grade level to the |
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next as determined by the district under Subsection (a); and |
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(5) any other applicable information as determined by |
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the district. |
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(d-1) A school district shall make information provided to a |
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parent or guardian under Subsections (d)(1), (4), and (5) available |
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to the student's current teacher and the student's teacher in the |
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next grade level. |
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(d-2) If a student fails to meet the requirements for |
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student advancement from grade level three, five, or eight |
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determined by a school district under Subsection (a), the district |
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shall establish a grade placement committee for the student |
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composed of the principal or the principal's designee, the |
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student's parent or guardian, and one of the student's teachers. If |
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the student has failed to perform satisfactorily on an assessment |
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instrument administered under Section 39.023(a), (b), or (l), the |
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teacher serving on the committee must be the student's teacher for |
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the subject of an assessment instrument on which the student failed |
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to perform satisfactorily. The grade placement committee shall |
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make a determination that the student be: |
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(1) retained at the same grade level for the next |
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school year; or |
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(2) placed in the next grade level with accelerated |
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instruction as provided under Subsection (c). |
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(d-3) A student who fails to participate in an accelerated |
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instruction program developed under Subsection (c)(1) may not be |
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promoted to the next grade level program to which the student would |
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otherwise be assigned if the student does not perform |
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satisfactorily on the applicable assessment instrument specified |
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under Subsection (b). |
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(e) A [student who, after at least three attempts, fails to
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perform satisfactorily on an assessment instrument specified under
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Subsection (a) shall be retained at the same grade level for the
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next school year in accordance with Subsection (a). The] student's |
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parent or guardian may [appeal the student's retention by
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submitting a] request that [to] the grade placement committee |
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reconsider the committee's decision under Subsection (d-2) to |
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retain the student [established under Subsection (c)]. The school |
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district shall give the parent or guardian written notice of the |
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opportunity to request reconsideration [appeal. The grade
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placement committee may decide in favor of a student's promotion
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only if the committee concludes, using standards adopted by the
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board of trustees, that if promoted and given accelerated
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instruction, the student is likely to perform at grade level]. A |
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student may not be promoted on the basis of the grade placement |
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committee's decision under this subsection unless that decision is |
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unanimous. The commissioner by rule shall establish a time line for |
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making the placement determination. This subsection does not |
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create a property interest in promotion. The decision of the grade |
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placement committee under this subsection is final and may not be |
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appealed. |
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(f) An accelerated instruction program under Subsection (c) |
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[A school district shall provide to a student who, after three
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attempts, has failed to perform satisfactorily on an assessment
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instrument specified under Subsection (a) accelerated instruction
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during the next school year as prescribed by an educational plan
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developed for the student by the student's grade placement
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committee established under Subsection (c). The district shall
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provide that accelerated instruction regardless of whether the
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student has been promoted or retained. The educational plan] must |
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be designed to enable the student to perform at the appropriate |
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grade level by the conclusion of the school year. During the school |
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year, the student shall be monitored to ensure that the student is |
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progressing in accordance with the program [plan]. The district |
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shall administer to the student the assessment instrument for the |
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grade level in which the student is placed at the time the district |
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regularly administers the assessment instruments for that school |
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year. |
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(g) This section does not preclude the retention at a grade |
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level, in accordance with state law or school district policy, of a |
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student who performs satisfactorily on an assessment instrument |
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administered [specified] under Section 39.023 [Subsection (a)]. |
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(i) The admission, review, and dismissal committee of a |
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student who participates in a district's special education program |
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under Subchapter B, Chapter 29, and who does not perform |
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satisfactorily on a mathematics or reading [an] assessment |
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instrument [specified under Subsection (a) and] administered under |
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Section 39.023(a) or (b) shall determine: |
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(1) the manner in which the student will participate |
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in an accelerated instruction program under this section; and |
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(2) whether the student will be promoted or retained |
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under this section. |
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SECTION 7. Section 28.025, Education Code, is amended by |
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amending Subsections (a), (b), (b-1), and (b-2) and adding |
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Subsections (b-3), (b-4), and (b-5) to read as follows: |
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(a) The State Board of Education by rule shall determine |
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curriculum requirements for the minimum, recommended, and advanced |
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high school programs that are consistent with the required |
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curriculum under Section 28.002. Subject to Subsection (b-1), the |
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State Board of Education shall designate the specific courses in |
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the foundation curriculum required for a student participating in |
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the minimum, recommended, or advanced high school program. Except |
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as provided by Subsection (b-1), the State Board of Education may |
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not designate a specific course or a specific number of credits in |
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the enrichment curriculum as requirements for the recommended |
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program. |
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(b) A school district shall ensure that each student enrolls |
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in the courses necessary to complete the curriculum requirements |
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identified by the State Board of Education under Subsection (a) for |
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the recommended or advanced high school program unless the student, |
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the student's parent or other person standing in parental relation |
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to the student, and a school counselor or school administrator |
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agree that the student should be permitted to take courses under the |
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minimum high school program and the student: |
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(1) is at least 16 years of age; |
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(2) has completed the credits necessary for the tenth |
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grade under the recommended or advanced high school program; or |
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(3) has failed to be promoted to the tenth grade one or |
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more times. |
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(b-1) The State Board of Education by rule shall require |
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that: |
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(1) except as provided by Subsection (b-2), the |
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curriculum requirements for the recommended and advanced high |
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school programs under Subsection (a) include a requirement that |
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students successfully complete: |
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(A) four credits [courses] in each subject of the |
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foundation curriculum under Section 28.002(a)(1), including at |
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least one-half credit in government and at least one-half credit in |
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economics to meet the social studies requirement; |
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(B) two credits in the same language in a |
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language other than English under Section 28.002(a)(2)(A); and |
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(C) eight elective credits; and |
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(2) one or more credits [courses] offered in the |
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required curriculum for the recommended and advanced high school |
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programs include a research writing component. |
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(b-2) Notwithstanding any other provision of this section, |
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[In adopting rules under Subsection (b-1), the State Board of
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Education shall allow] a student may [to] comply with the |
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curriculum requirements under the minimum, recommended, or |
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advanced program for a mathematics course [under Subsection
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(b-1)(1) taken after the successful completion of an Algebra II
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course] or science course [under Subsection (b-1)(1) taken after
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the successful completion of a physics course] by successfully |
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completing a [an advanced] career and technical course approved for |
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that purpose [designated] by the State Board of Education under |
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Section 28.027 [as containing substantively similar and rigorous
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academic content.
A student may use the option provided by this
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subsection for not more than two courses]. A student's |
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substitution of a career and technical course under this subsection |
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does not affect requirements relating to end-of-course assessment |
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instruments otherwise applicable to the student under Sections |
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39.023(c) and 39.025, and the student must comply with those |
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requirements in the same manner as if the course substitution had |
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not occurred. |
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(b-3) In adopting rules to provide students with the option |
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described by Subsection (b-1)(1), the State Board of Education must |
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approve a variety of mathematics and science courses that may be |
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taken by a student after completion of Algebra II and physics to |
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comply with the recommended program requirements. The board may |
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not limit the courses approved for that purpose. |
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(b-4) Before a student's parent or other person standing in |
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parental relation to the student may agree that the student be |
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permitted to take courses under the minimum high school program as |
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provided by Subsection (b), a school district must provide written |
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notice to the parent or person standing in parental relation |
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explaining the benefits of the recommended high school program. |
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The notice shall be developed by the agency and must: |
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(1) be printed in English and Spanish; and |
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(2) require that the student's parent or person |
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standing in parental relation to the student sign a confirmation of |
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receipt and return the confirmation to the student's campus. |
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(b-5) Notwithstanding Section 5.09, Chapter 5 (H.B. 1), |
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79th Legislature, 3rd Called Session, 2006, the curriculum |
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requirements for the recommended and advanced high school programs |
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under Subsection (b-1) apply to students entering the ninth grade |
|
beginning with the 2011-2012 school year. This subsection expires |
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September 1, 2015. |
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SECTION 8. Section 28.0252(b), Education Code, is amended |
|
to read as follows: |
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(b) If the commissioner develops a standard method under |
|
this section, a school district shall use the standard method to |
|
compute a student's high school grade point average[, except that
|
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to the extent of a conflict between that method and the method
|
|
adopted under Section 51.807, the student's grade point average
|
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computed in accordance with the method established under Section
|
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51.807 shall be used in determining the student's eligibility for
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university admission under Subchapter U, Chapter 51]. |
|
SECTION 9. Subchapter B, Chapter 28, Education Code, is |
|
amended by adding Section 28.027 to read as follows: |
|
Sec. 28.027. CAREER AND TECHNICAL COURSES. (a) In |
|
accordance with rules adopted by the State Board of Education, a |
|
school district may seek approval from the board to offer one or |
|
more career and technical courses, including career and technical |
|
courses offered as alternatives to mathematics or science courses |
|
otherwise required under the minimum, recommended, or advanced high |
|
school program. |
|
(b) A school district seeking approval to offer a course |
|
under this section must submit an application for approval not |
|
later than January 1 of the year preceding the first school year |
|
that the district proposes to offer the course. The application |
|
must include: |
|
(1) a detailed description of the course, the |
|
curriculum, the instructional materials, and any required |
|
equipment; and |
|
(2) any other information required by the board. |
|
(c) The board shall evaluate each application and |
|
associated information. If the board does not take action |
|
approving or denying an application on or before the 180th day after |
|
the date the district submitted the application and all associated |
|
information, the application is considered approved. |
|
(d) Approval of a course obtained under this section is |
|
effective for a period of three school years immediately following |
|
the date of approval. Subsequently, any district may seek renewed |
|
approval of the course for an additional three-year period in |
|
accordance with procedures established by the board. There is no |
|
limit on the number of three-year periods for which approval of a |
|
course may be renewed. |
|
(e) Any district in this state may offer a course approved |
|
under this section. |
|
(f) Section 7.102(f) does not apply to a rule adopted by the |
|
board under this section. |
|
SECTION 10. Section 29.094(c), Education Code, is amended |
|
to read as follows: |
|
(c) A campus may apply to the commissioner to participate in |
|
the pilot program. The commissioner may select for participation |
|
in the pilot program only campuses that have failed to improve |
|
student performance in reading according to standards established |
|
by the commissioner. The standards established by the commissioner |
|
for purposes of this subsection must be based on reading |
|
performance standards considered [required] for student promotion |
|
under Section 28.0211. |
|
SECTION 11. Section 29.904(d), Education Code, is amended |
|
to read as follows: |
|
(d) A plan developed under this section: |
|
(1) must establish clear, achievable goals for |
|
increasing the percentage of the school district's graduating |
|
seniors, particularly the graduating seniors attending a high |
|
school described by Subsection (a), who enroll in an institution of |
|
higher education for the academic year following graduation; |
|
(2) must establish an accurate method of measuring |
|
progress toward the goals established under Subdivision (1) that |
|
may include the percentage of district high school students and the |
|
percentage of students attending a district high school described |
|
by Subsection (a) who: |
|
(A) are enrolled in a course for which a student |
|
may earn college credit, such as an advanced placement or |
|
international baccalaureate course or a course offered through |
|
concurrent enrollment in high school and at an institution of |
|
higher education; |
|
(B) are enrolled in courses that meet the |
|
curriculum requirements for the recommended or advanced high school |
|
program as determined under Section 28.025; |
|
(C) have submitted a free application for federal |
|
student aid (FAFSA); |
|
(D) are exempt under Section 51.3062(p) or (q) |
|
[51.306(l) or (m)] from administration of an assessment [a test] |
|
instrument under Section 51.3062 [51.306] or have performed |
|
successfully on an assessment [a test] instrument under Section |
|
51.3062 [51.306]; |
|
(E) graduate from high school; |
|
(F) graduate from an institution of higher |
|
education; and |
|
(G) have taken college entrance examinations and |
|
the average score of those students on the examinations; |
|
(3) must cover a period of at least five years; and |
|
(4) may be directed at district students at any level |
|
of primary or secondary education. |
|
SECTION 12. Section 32.252(b), Education Code, is amended |
|
to read as follows: |
|
(b) The portal must serve as a single point of access to |
|
educational resources other than student assessment data |
|
accessible through the student assessment data portal under Section |
|
32.258. In addition to any other purpose specified by this |
|
subchapter or any other educational purpose, the portal may be used |
|
to: |
|
(1) alleviate inequities in access to educational |
|
resources by providing access to on-line courses; |
|
(2) improve student academic performance by providing |
|
access to tutorial materials, instructional materials that have |
|
been shown to improve academic performance, and other interactive |
|
materials, including materials that assess an individual student's |
|
knowledge and prepare the student for the administration of a |
|
standardized assessment instrument, including an assessment |
|
instrument administered under Section 39.023; |
|
(3) provide school districts with access to |
|
administrative software and other electronic tools designed to |
|
promote administrative efficiency and intra-district |
|
communication; or |
|
(4) [provide secure access to student assessment data;
|
|
or
|
|
[(5)] provide links to appropriate educational |
|
resources and experts available through the Internet. |
|
SECTION 13. Section 32.258, Education Code, is amended to |
|
read as follows: |
|
Sec. 32.258. STUDENT ASSESSMENT DATA; DATA PORTAL. (a) The |
|
agency shall establish and maintain a student assessment data |
|
portal for use by school districts, teachers, parents, students, |
|
and public institutions of higher education. The agency shall |
|
[may] establish a secure, interoperable system to be implemented |
|
through the portal under which: |
|
(1) a student or the student's parent or other person |
|
standing in parental relationship can easily access the student's |
|
individual assessment data; |
|
(2) an authorized employee of a school district, |
|
including a district teacher, [districts] can readily access |
|
individual [student] assessment data of district students for use |
|
in developing strategies for improving student performance; and |
|
(3) an authorized employee of a public institution of |
|
higher education can access appropriate student data. |
|
(b) The system established under Subsection (a) shall |
|
provide a means for a student or the student's parent or other |
|
person standing in parental relationship to track the student's |
|
progress on assessment instrument requirements for graduation. |
|
(c) The agency shall establish an interoperable system to be |
|
implemented through the portal under which general student |
|
assessment data is easily accessible to the public. |
|
(d) Student assessment data provided under this section |
|
must: |
|
(1) include student performance data on assessment |
|
instruments over multiple years, beginning with the 2007-2008 |
|
school year, including any data indicating progress in student |
|
achievement; and |
|
(2) be updated before the beginning of each school |
|
year to include current student assessment data. |
|
(e) Each [(b) In establishing the] system established |
|
under [required by] this section must permit comparisons of [, the
|
|
agency shall seek to further the goal of providing school districts
|
|
with access to] student performance information at the classroom, |
|
campus, district, and state levels [level]. |
|
SECTION 14. Chapter 39, Education Code, is amended by |
|
adding Subchapter A to read as follows: |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 39.001. RULEMAKING AUTHORITY. The commissioner may |
|
adopt rules as necessary to administer this chapter. |
|
SECTION 15. Section 39.023, Education Code, is amended by |
|
adding Subsection (a-1) and amending Subsections (c-4), (e), and |
|
(l) to read as follows: |
|
(a-1) The agency shall develop assessment instruments |
|
required under Subsection (a) in a manner that allows, to the extent |
|
practicable: |
|
(1) the score a student receives to provide reliable |
|
information relating to a student's satisfactory performance for |
|
each performance standard, as determined under Section 39.0241; and |
|
(2) an appropriate range of performances to serve as a |
|
valid indication of growth in student achievement. |
|
(c-4) To the extent practicable and subject to Section |
|
39.024, the agency shall ensure that each end-of-course assessment |
|
instrument adopted under Subsection (c) is: |
|
(1) developed in a manner that measures a student's |
|
performance under the college readiness standards established |
|
under Section 28.008; and |
|
(2) validated by national postsecondary education |
|
experts for college readiness content and performance standards. |
|
(e) Under rules adopted by the State Board of Education, |
|
every third year, the agency shall release the questions and answer |
|
keys to each assessment instrument administered under Subsection |
|
(a), (b), (c), (d), or (l), excluding any assessment instrument |
|
administered to a student for the purpose of retaking the |
|
assessment instrument, after the last time the instrument is |
|
administered for that school year. To ensure a valid bank of |
|
questions for use each year, the agency is not required to release a |
|
question that is being field-tested and was not used to compute the |
|
student's score on the instrument. The agency shall also release, |
|
under board rule, each question that is no longer being |
|
field-tested and that was not used to compute a student's score. |
|
(l) The State Board of Education shall adopt rules for the |
|
administration of the assessment instruments adopted under |
|
Subsection (a) in Spanish to students in grades three through five |
|
[six] who are of limited English proficiency, as defined by Section |
|
29.052, whose primary language is Spanish, and who are not |
|
otherwise exempt from the administration of an assessment |
|
instrument under Section 39.027(a)(3) or (4). Each student of |
|
limited English proficiency whose primary language is Spanish, |
|
other than a student to whom Subsection (b) applies, may be assessed |
|
using assessment instruments in Spanish under this subsection for |
|
up to three years or assessment instruments in English under |
|
Subsection (a). The language proficiency assessment committee |
|
established under Section 29.063 shall determine which students are |
|
administered assessment instruments in Spanish under this |
|
subsection. |
|
SECTION 16. Section 39.0233(d), Education Code, is amended |
|
to read as follows: |
|
(d) The questions adopted under this section may not [must] |
|
be administered in a separate section of the end-of-course |
|
assessment instrument [in which the questions are included]. |
|
SECTION 17. Subchapter B, Chapter 39, Education Code, is |
|
amended by amending Section 39.024 and adding Sections 39.0241 and |
|
39.0242 to read as follows: |
|
Sec. 39.024. MEASURE OF COLLEGE READINESS. (a) In this |
|
section, "college readiness" means the level of preparation a |
|
student must attain in English language arts and mathematics |
|
courses to enroll and succeed, without remediation, in an |
|
entry-level general education course for credit in that same |
|
content area for a baccalaureate degree or associate degree program |
|
at: |
|
(1) a general academic teaching institution, as |
|
defined by Section 61.003, other than a research institution, as |
|
categorized under the Texas Higher Education Coordinating Board's |
|
accountability system; or |
|
(2) a postsecondary educational institution that |
|
primarily offers associate degrees or certificates or credentials |
|
other than baccalaureate or advanced degrees. |
|
(b) The agency shall ensure that the Algebra II and English |
|
III end-of-course assessment instruments required under Section |
|
39.023(c) are developed to be capable of, beginning with the |
|
2011-2012 school year, measuring college readiness. |
|
(c) Before the beginning of the 2012-2013 school year, the |
|
agency shall gather data and conduct research studies to |
|
substantiate the correlation between a certain level of performance |
|
by students on the Algebra II and English III end-of-course |
|
assessment instruments and college readiness. |
|
(d) Studies under Subsection (c) must include an evaluation |
|
of any need for remediation courses to facilitate college |
|
readiness. |
|
(e) Based on the results of the studies conducted under |
|
Subsection (c), the commissioner of education, in conjunction with |
|
the commissioner of higher education, shall establish student |
|
performance standards for the Algebra II and English III |
|
end-of-course assessment instruments indicating that students have |
|
attained college readiness. |
|
(f) To the extent practicable, the agency shall conduct |
|
research studies similar to the studies conducted under Subsection |
|
(c) for the appropriate science and social studies end-of-course |
|
assessment instruments. |
|
(f-1) Not later than December 1, 2012, the agency shall |
|
deliver to the lieutenant governor, the speaker of the house of |
|
representatives, and the clerks of the standing committees of the |
|
senate and the house of representatives with primary jurisdiction |
|
over public education a report that includes: |
|
(1) an analysis of the feasibility of establishing |
|
college readiness performance standards for science and social |
|
studies end-of-course assessment instruments; and |
|
(2) if feasible, recommendations for implementing |
|
each standard. |
|
(f-2) Subsection (f-1) and this subsection expire January |
|
1, 2013. |
|
(g) The agency shall continue to gather data to perform |
|
studies as provided under Subsections (c) and (f) at least once |
|
every three years. |
|
(h) The agency shall periodically review the college |
|
readiness performance standards established under this section and |
|
compare the performance standards to performance standards |
|
established nationally and internationally for comparable |
|
assessment instruments. Following each review, the agency shall |
|
deliver to the lieutenant governor, the speaker of the house of |
|
representatives, and the clerks of the standing committees of the |
|
senate and the house of representatives with primary jurisdiction |
|
over public education a report on the results of the review |
|
indicating whether the college readiness performance standards |
|
established under this section are sufficiently rigorous to prepare |
|
students in this state to compete academically with students |
|
nationally and internationally. If the agency determines that the |
|
college readiness performance standards established under this |
|
section are not sufficiently rigorous, the agency shall recommend |
|
changes to the college readiness performance standards. |
|
Sec. 39.0241. SATISFACTORY PERFORMANCE. (a) Except as |
|
otherwise provided by Subsection (b) [this subsection], the |
|
commissioner [State Board of Education] shall determine the level |
|
of performance considered to be satisfactory on the assessment |
|
instruments. |
|
(a-1) Beginning with the 2012-2013 school year, |
|
satisfactory performance on English language arts and mathematics |
|
assessment instruments for purposes of this chapter means the |
|
performance across grade levels necessary to indicate: |
|
(1) college readiness, as defined by Section |
|
39.024(a), except as modified by Section 39.0242(d); and |
|
(2) satisfactory performance as determined by the |
|
commissioner under Subsection (a). |
|
(a-2) For the purpose of establishing performance across |
|
grade levels, the commissioner shall establish: |
|
(1) the performance standards for the Algebra II and |
|
English III end-of-course assessment instruments, as provided |
|
under Section 39.024(b) and under Subsection (a); |
|
(2) the performance standards for the Algebra I and |
|
English II end-of-course assessment instruments, as determined |
|
based on studies under Section 39.0242 that correlate student |
|
performance on the Algebra I and English II end-of-course |
|
assessment instruments with student performance on the Algebra II |
|
and English III assessment instruments; |
|
(3) the performance standards for the English I |
|
end-of-course assessment instrument, as determined based on |
|
studies under Section 39.0242 that correlate student performance on |
|
the English I end-of-course assessment instrument with student |
|
performance on the English II assessment instrument; |
|
(4) the performance standards for the grade eight |
|
assessment instruments, as determined based on studies under |
|
Section 39.0242 that correlate student performance on the grade |
|
eight assessment instruments with student performance on the |
|
Algebra I and English I end-of-course assessment instruments in the |
|
same content area; and |
|
(5) the performance standards on the assessment |
|
instruments in each of grades three through seven, as determined |
|
based on studies under Section 39.0242 that correlate student |
|
performance in the same content area on the assessment instrument |
|
for each grade with student performance on the assessment |
|
instrument in the succeeding grade. |
|
(b) The admission, review, and dismissal committee of a |
|
student being assessed under Section 39.023(b) shall determine the |
|
level of performance considered to be satisfactory on the |
|
assessment instruments administered to that student in accordance |
|
with criteria established by agency rule. |
|
(c) The agency shall develop study guides for the assessment |
|
instruments administered under Sections 39.023(a) and (c). To |
|
assist parents in providing assistance during the period that |
|
school is recessed for summer, each school district shall make |
|
[distribute] the study guides available to parents of students who |
|
do not perform satisfactorily as determined by the commissioner |
|
under Subsection (a) on one or more parts of an assessment |
|
instrument administered under this subchapter. |
|
(d) The agency shall develop and make available teacher |
|
training materials and other teacher training resources to assist |
|
teachers in enabling students of limited English proficiency to |
|
meet state performance expectations. The teacher training |
|
resources shall be designed to support intensive, individualized, |
|
and accelerated instructional programs developed by school |
|
districts for students of limited English proficiency. |
|
(e) The commissioner shall retain a portion of the total |
|
amount of funds allotted under Section 42.152(a) that the |
|
commissioner considers appropriate to finance activities under |
|
Subsection [Subsections] (c) and may retain a portion for |
|
activities under Subsection (d) and for intensive programs of |
|
instruction for students of limited English proficiency offered by |
|
school districts and shall reduce each district's allotment |
|
proportionately. |
|
Sec. 39.0242. SATISFACTORY PERFORMANCE: RESEARCH STUDIES |
|
AND IMPLEMENTATION OF STANDARD. (a) During the 2011-2012 school |
|
year, the agency shall collect data through: |
|
(1) the annual administration of assessment |
|
instruments required under Section 39.023(a) in grades three |
|
through eight; and |
|
(2) the administration to appropriate students |
|
throughout the state of an end-of-course assessment instrument |
|
field test. |
|
(b) Before the beginning of the 2012-2013 school year, the |
|
agency shall analyze the data collected under Subsection (a) to |
|
substantiate: |
|
(1) the correlation between satisfactory student |
|
performance for each performance standard under Section 39.0241 on |
|
the grade three, four, five, six, or seven assessment instruments |
|
with satisfactory performance under the same performance standard |
|
on the assessment instruments in the same content area for the next |
|
grade level; |
|
(2) the correlation between satisfactory student |
|
performance for each performance standard under Section 39.0241 on |
|
the grade eight assessment instruments with satisfactory |
|
performance under the same performance standard on the Algebra I |
|
and English I end-of-course assessment instruments in the same |
|
content area; |
|
(3) the correlation between satisfactory student |
|
performance for each performance standard under Section 39.0241 on |
|
the English I end-of-course assessment instrument with |
|
satisfactory performance under the same performance standard on the |
|
English II end-of-course assessment instrument; |
|
(4) the correlation between satisfactory student |
|
performance for each performance standard under Section 39.0241 on |
|
the English II end-of-course assessment instrument with |
|
satisfactory performance under the same performance standard on the |
|
English III end-of-course assessment instrument; and |
|
(5) the correlation between satisfactory student |
|
performance for each performance standard under Section 39.0241 on |
|
the Algebra I end-of-course assessment instrument with |
|
satisfactory performance under the same performance standard on the |
|
Algebra II end-of-course assessment instrument. |
|
(c) Studies under this section must include an evaluation of |
|
any need for remediation courses to facilitate college readiness. |
|
(d) Once the level of satisfactory performance for the |
|
college readiness performance standard has been established at the |
|
level indicating college readiness, the agency shall continue to |
|
gather data and perform studies as provided under this section at |
|
least once every three years. If the data does not support the |
|
correlation between student performance standards and college |
|
readiness, the commissioner of education, in conjunction with the |
|
commissioner of higher education, shall revise the standard of |
|
performance considered to be satisfactory. |
|
SECTION 18. Section 39.025, Education Code, is amended by |
|
amending Subsections (a), (a-1), (b), (b-2), and (f) and adding |
|
Subsection (c-1) to read as follows: |
|
(a) The commissioner shall adopt rules requiring a student |
|
participating in the minimum, recommended, or advanced high school |
|
program to be administered each end-of-course assessment |
|
instrument listed in Section 39.023(c) [and requiring a student
|
|
participating in the
minimum high school program to be administered
|
|
an end-of-course assessment instrument listed in Section
|
|
39.023(c)] only for courses [a course] in which the student is |
|
enrolled and for which an end-of-course assessment instrument is |
|
administered. Except as provided under Subsection (a-1), a student |
|
participating in the minimum high school program must perform |
|
satisfactorily, as determined by the commissioner under Section |
|
39.0241(a), on the Algebra I and English III end-of-course |
|
assessment instruments and a student participating in the |
|
recommended or advanced high school program must perform |
|
satisfactorily, as determined by the commissioner under Section |
|
39.0241(a), on the Algebra II and English III end-of-course |
|
assessment instruments. [A student is required to achieve, in each
|
|
subject in the foundation curriculum under Section 28.002(a)(1), a
|
|
cumulative score that is at least equal to the product of the number
|
|
of end-of-course assessment instruments administered to the
|
|
student in that subject and 70, with each end-of-course assessment
|
|
instrument scored on a scale of 100.
A student must achieve a score
|
|
of at least 60 on an end-of-course assessment instrument for the
|
|
score to count towards the student's cumulative score.
For
|
|
purposes of this subsection, a student's cumulative score is
|
|
determined using the student's highest score on each end-of-course
|
|
assessment instrument administered to the student.] A student may |
|
not receive a high school diploma until the student has performed |
|
satisfactorily on the end-of-course assessment instruments in the |
|
manner provided under this subsection. [This subsection does not
|
|
require a student to demonstrate readiness to enroll in an
|
|
institution of higher education.] |
|
(a-1) The commissioner by rule shall determine a method by |
|
which a student's satisfactory performance on an advanced placement |
|
test, international baccalaureate examination, a Scholastic |
|
Assessment Test (SAT) Subject Test, or another assessment |
|
instrument determined by the commissioner to be at least as |
|
rigorous as an end-of-course assessment instrument adopted under |
|
Section 39.023(c) may be used as a factor in determining whether the |
|
student satisfies the requirements of Subsection (a)[, including
|
|
the cumulative score requirement of that subsection]. |
|
(b) Each time an end-of-course assessment instrument is |
|
administered, a student who failed to perform satisfactorily on an |
|
[achieve a score of at least 60 on the] assessment instrument |
|
required for graduation shall retake the assessment instrument. A |
|
student who performs satisfactorily on an Algebra II or English III |
|
end-of-course assessment instrument under the performance standard |
|
determined by the commissioner under Section 39.0241(a) but who |
|
fails to perform satisfactorily under the college readiness |
|
performance standard, as determined under Section 39.024, [Any
|
|
other student] may retake the [an] end-of-course assessment |
|
instrument [for any reason]. A student is not required to retake a |
|
course as a condition of retaking an end-of-course assessment |
|
instrument. |
|
(b-2) The agency, in consultation with the Texas Higher |
|
Education Coordinating Board, shall develop senior-level English |
|
language arts and mathematics accelerated instruction courses for |
|
purposes of this section. If [a school district determines that] a |
|
student does not demonstrate the performance standard for college |
|
readiness as provided by Section 39.024 on the Algebra II or English |
|
III end-of-course assessment instrument [, on completion of grade
|
|
11, is unlikely to achieve the cumulative score requirements for
|
|
one or more subjects prescribed by Subsection (a) for receiving a
|
|
high school diploma], the district shall offer [require] the |
|
student the opportunity to enroll in a [corresponding content-area
|
|
college preparatory] course described by this subsection [for which
|
|
an end-of-course assessment instrument has been adopted, if
|
|
available]. A student who enrolls in a [college preparatory] |
|
course described by this subsection shall be administered the |
|
appropriate [an] end-of-course assessment instrument [for the
|
|
course, with the end-of-course assessment instrument scored on a
|
|
scale of 40. A student may use the student's score on the
|
|
end-of-course assessment instrument for the college preparatory
|
|
course towards satisfying the cumulative score requirements] |
|
prescribed by Subsection (a). |
|
(c-1) A school district may not administer an assessment |
|
instrument required for graduation administered under this section |
|
as this section existed before September 1, 1999. A school district |
|
may administer to a student who failed to perform satisfactorily on |
|
an assessment instrument described by this subsection an alternate |
|
assessment instrument designated by the commissioner. The |
|
commissioner shall determine the level of performance considered to |
|
be satisfactory on an alternate assessment instrument. The |
|
district may not administer to the student an assessment instrument |
|
or a part of an assessment instrument that assesses a subject that |
|
was not assessed in an assessment instrument required for |
|
graduation administered under this section as this section existed |
|
before September 1, 1999. The commissioner shall make available to |
|
districts information necessary to administer the alternate |
|
assessment instrument authorized by this subsection. The |
|
commissioner's determination regarding designation of an |
|
appropriate alternate assessment instrument under this subsection |
|
and the performance required on the assessment instrument is final |
|
and may not be appealed. |
|
(f) The commissioner shall by rule adopt a transition plan |
|
to implement the amendments made by Chapter 1312 (S.B. No. 1031), |
|
Acts of the 80th Legislature, Regular Session, 2007, replacing |
|
general subject assessment instruments administered at the high |
|
school level with end-of-course assessment instruments [to this
|
|
section and Sections 39.023(a) and (c) and 39.051(b)(5)]. The |
|
rules must provide for the end-of-course assessment instruments |
|
adopted under Section 39.023(c) to be administered beginning with |
|
students entering the ninth grade during the 2011-2012 school year. |
|
During the period under which the transition to end-of-course |
|
assessment instruments is made: |
|
(1) for students entering a grade above the ninth |
|
grade during the 2011-2012 school year, the commissioner shall |
|
retain, administer, and use for purposes of accreditation and other |
|
campus and district accountability measures [ratings] under this |
|
chapter [Subchapter D] the assessment instruments required by |
|
Section 39.023(a) or (c), as that section existed before amendment |
|
by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, |
|
Regular Session, 2007; |
|
(2) a student subject to Subdivision (1) may not |
|
receive a high school diploma unless the student has performed |
|
satisfactorily on each required assessment instrument administered |
|
under Section 39.023(c) as that section existed before amendment by |
|
Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular |
|
Session, 2007; and |
|
(3) [(2)] the agency may defer releasing assessment |
|
instrument questions and answer keys as required by Section |
|
39.023(e) to the extent necessary to develop additional assessment |
|
instruments. |
|
SECTION 19. Section 39.027, Education Code, is amended by |
|
amending Subsections (a) and (e) and adding Subsection (a-1) to |
|
read as follows: |
|
(a) A student may be exempted from the administration of an |
|
assessment instrument under: |
|
(1) Section 39.023(a) or (b) if the student is |
|
eligible for a special education program under Section 29.003 and |
|
the student's individualized education program does not include |
|
instruction in the essential knowledge and skills under Section |
|
28.002 at any grade level; |
|
(2) Section 39.023(c) or (d) if the student is |
|
eligible for a special education program under Section 29.003 and: |
|
(A) the student's individualized education |
|
program does not include instruction in the essential knowledge and |
|
skills under Section 28.002 at any grade level; or |
|
(B) the assessment instrument, even with |
|
allowable modifications, would not provide an appropriate measure |
|
of the student's achievement as determined by the student's |
|
admission, review, and dismissal committee; |
|
(3) Section 39.023(a) or (l) for a period of up to one |
|
year after initial enrollment in a school in the United States if |
|
the student is of limited English proficiency, as defined by |
|
Section 29.052, and has not demonstrated proficiency in English as |
|
determined by the assessment system under Subsection (e); [or] |
|
(4) Section 39.023(a) or (l) for a period of up to two |
|
years in addition to the exemption period authorized by Subdivision |
|
(3) if the student has received an exemption under Subdivision (3) |
|
and: |
|
(A) is a recent unschooled immigrant; or |
|
(B) is in a grade for which no assessment |
|
instrument in the primary language of the student is available; or |
|
(5) Section 39.023(a), (c), or (l) for a period of up |
|
to four years, in addition to the exemption period authorized by |
|
Subdivision (3), if the student's initial enrollment in a school in |
|
the United States was as an unschooled asylee or refugee. |
|
(a-1) For purposes of this section, "unschooled asylee or |
|
refugee" means a student who: |
|
(1) initially enrolled in a school in the United |
|
States as: |
|
(A) an asylee as defined by 45 C.F.R. Section |
|
400.41; or |
|
(B) a refugee as defined by 8 U.S.C. Section |
|
1101; |
|
(2) has a visa issued by the United States Department |
|
of State with a Form I-94 Arrival/Departure record, or a successor |
|
document, issued by the United States Citizenship and Immigration |
|
Services that is stamped with "Asylee," "Refugee," or "Asylum"; and |
|
(3) as a result of inadequate schooling outside of the |
|
United States, lacks the necessary foundation in the essential |
|
knowledge and skills of the curriculum prescribed under Section |
|
28.002 as determined by the language proficiency assessment |
|
committee established under Section 29.063. |
|
(e) The commissioner shall develop an assessment system |
|
that shall be used for evaluating the academic progress, including |
|
reading proficiency in English, of all students of limited English |
|
proficiency, as defined by Section 29.052. A student who is exempt |
|
from the administration of an assessment instrument under |
|
Subsection (a)(3) or (4) who achieves reading proficiency in |
|
English as determined by the assessment system developed under this |
|
subsection shall be administered the assessment instruments |
|
described by Sections 39.023(a) and (c). The performance under the |
|
assessment system developed under this subsection of students to |
|
whom Subsection (a)(3) or (4) applies shall be included in the |
|
[academic excellence] indicator systems [system] under Sections |
|
39.053 and 39.301, as applicable [Section 39.051], the performance |
|
report under Section 39.306 [39.053], and the comprehensive annual |
|
report under Section 39.332 [39.182]. This information shall be |
|
provided in a manner that is disaggregated by the bilingual |
|
education or special language program, if any, in which the student |
|
is enrolled. |
|
SECTION 20. Section 39.032, Education Code, is amended by |
|
amending Subsection (c) and adding Subsections (c-1) and (c-2) to |
|
read as follows: |
|
(c) State and national norms of averages shall be computed |
|
using data that are not more than eight [six] years old at the time |
|
the assessment instrument is administered and that are |
|
representative of the group of students to whom the assessment |
|
instrument is administered. |
|
(c-1) The standardization norms computed under Subsection |
|
(a) shall be: |
|
(1) based on a national probability sample that meets |
|
accepted standards for educational and psychological testing; and |
|
(2) [shall be] updated at least every eight [six] |
|
years using proven psychometric procedures approved by the State |
|
Board of Education. |
|
(c-2) The eight-year limitation on data to compute norms |
|
under this section does not apply if only data older than eight |
|
years is available for an assessment instrument. The commissioner |
|
by rule may limit the exception created by this subsection based on |
|
the type of assessment instrument. |
|
SECTION 21. Section 39.033(b), Education Code, is amended |
|
to read as follows: |
|
(b) An agreement under this section must require the private |
|
school to: |
|
(1) as determined appropriate by the commissioner, |
|
provide to the commissioner the information described by Sections |
|
39.053(c) and 39.301(b); [Section 39.051(b)] and |
|
(2) [to] maintain confidentiality in compliance with |
|
Section 39.030. |
|
SECTION 22. Section 39.034, Education Code, is amended by |
|
amending Subsection (d) and adding Subsection (d-1) to read as |
|
follows: |
|
(d) The agency shall determine the necessary annual |
|
improvement required each year for a student to be prepared to |
|
perform satisfactorily on, as applicable: |
|
(1) the grade five assessment instruments; |
|
(2) the grade eight assessment instruments; and |
|
(3) the end-of-course assessment instruments required |
|
under this subchapter for graduation. |
|
(d-1) The agency shall report the necessary annual |
|
improvement required under Subsection (d) to the district. Each |
|
year, the report must state whether the student fell below, met, or |
|
exceeded the necessary target for improvement. |
|
SECTION 23. Subchapters C through L, Chapter 39, Education |
|
Code, as amended by Section 2.25, Chapter 396 (S.B. 4), and Section |
|
4, Chapter 931 (H.B. 2307), Acts of the 76th Legislature, Regular |
|
Session, 1999, are amended to read as follows: |
|
SUBCHAPTER C. ACCREDITATION [PERFORMANCE INDICATORS
|
|
[SUBCHAPTER D. ACCREDITATION STATUS] |
|
Sec. 39.051 [39.071]. ACCREDITATION STATUS. [(a)] |
|
Accreditation of a school district is determined in accordance with |
|
this subchapter [section]. The commissioner by rule shall |
|
determine in accordance with this subchapter the criteria for |
|
[define] the following accreditation statuses: |
|
(1) accredited; |
|
(2) accredited-warned; and |
|
(3) accredited-probation. |
|
Sec. 39.052. DETERMINATION OF ACCREDITATION STATUS. (a) |
|
[(b)] Each year, the commissioner shall determine the accreditation |
|
status of each school district. |
|
(b) In determining the accreditation status of a school |
|
district, the commissioner: |
|
(1) shall evaluate and consider: |
|
(A) [the] performance on student achievement |
|
indicators described by Section 39.053(c) [of the district under:
|
|
[(A)
the academic accountability system under
|
|
Section 39.072]; and |
|
(B) performance under the financial |
|
accountability rating system developed under Subchapter D [I]; and |
|
(2) may evaluate and consider: |
|
(A) the district's compliance with statutory |
|
requirements and requirements imposed by rule of the commissioner |
|
or State Board of Education under specific statutory authority that |
|
relate to: |
|
(i) reporting data through the Public |
|
Education Information Management System (PEIMS) or other reports |
|
required by state or federal law or court order; |
|
(ii) the high school graduation |
|
requirements under Section 28.025; or |
|
(iii) an item listed under Sections |
|
7.056(e)(3)(C)-(I) that applies to the district; |
|
(B) the effectiveness of the district's programs |
|
for special populations; and |
|
(C) the effectiveness of the district's career |
|
and technology program. |
|
(c) In determining the accreditation status of a campus, the |
|
commissioner: |
|
(1) shall evaluate and consider performance on student |
|
achievement indicators described by Section 39.053(c); and |
|
(2) may evaluate and consider other factors the |
|
commissioner considers appropriate. |
|
(d) Based on a school district's performance under |
|
Subsection (b), the commissioner shall: |
|
(1) assign each [a] district an accreditation status; |
|
or |
|
(2) revoke the accreditation of the district and order |
|
closure of the district under Subchapter E [this subchapter]. |
|
(e) A school district's accreditation status may be raised |
|
or lowered based on the district's performance or may be lowered |
|
based on the performance of one or more campuses in the district |
|
that is below a standard required under this subchapter. |
|
(f) [(d)] The commissioner shall notify a school district |
|
that receives an accreditation status of accredited-warned or |
|
accredited-probation that the performance of the district is below |
|
a standard required under this subchapter [section]. The |
|
commissioner shall require the district to notify the parents of |
|
students enrolled in the district and property owners in the |
|
district of the [district's] accreditation status of the district |
|
and the implications of that accreditation status. |
|
(g) [(e)] A school district that is not accredited may not |
|
receive funds from the agency or hold itself out as operating a |
|
public school of this state. |
|
(h) [(f)] This chapter may not be construed to invalidate a |
|
diploma awarded, course credit earned, or grade promotion granted |
|
by a school district before the commissioner revoked the district's |
|
accreditation. |
|
Sec. 39.053. PERFORMANCE INDICATORS: STUDENT ACHIEVEMENT. |
|
(a) The commissioner shall adopt a set of indicators of the quality |
|
of learning and student achievement. The commissioner biennially |
|
shall review the indicators for the consideration of appropriate |
|
revisions. |
|
[Sec.
39.051.
ACADEMIC EXCELLENCE INDICATORS.
(a)
The
|
|
State Board of Education shall adopt a set of indicators of the
|
|
quality of learning on a campus. The State Board of Education
|
|
biennially shall review the indicators for the consideration of
|
|
appropriate revisions.] |
|
(b) Performance on the student achievement indicators |
|
adopted under this section shall be compared to state-established |
|
standards. [The degree of change from one school year to the next
|
|
in performance on each indicator adopted under this section shall
|
|
also be considered.] The indicators must be based on information |
|
that is disaggregated by race, ethnicity, [gender,] and |
|
socioeconomic status. |
|
(c) Indicators of student achievement adopted under this |
|
section [and] must include: |
|
(1) the results of assessment instruments required |
|
under Sections 39.023(a), (c), and (l), including the results of |
|
assessment instruments required for graduation retaken by a |
|
student, aggregated across [by] grade levels by [level and] subject |
|
area, including: |
|
(A) the percentage of students who performed |
|
satisfactorily, as determined by the commissioner under Section |
|
39.0241(a) on the assessment instruments, aggregated across grade |
|
levels by subject area; |
|
(B) for students who did not perform |
|
satisfactorily as described by Paragraph (A), the percentage of |
|
students who met the standard for annual improvement, as determined |
|
by the agency under Section 39.034, on assessment instruments, |
|
aggregated across grade levels by subject area; |
|
(C) the percentage of students who performed |
|
satisfactorily, as determined under the college readiness |
|
performance standards under Section 39.0241, on the assessment |
|
instruments, aggregated across grade levels by subject area; and |
|
(D) for students who did not perform |
|
satisfactorily as described by Paragraph (C), the percentage of |
|
students who met the standard for annual improvement, as determined |
|
by the agency under Section 39.034, on assessment instruments, |
|
aggregated across grade levels by subject area; |
|
(2) the percentage increase from school year to school |
|
year in students who performed satisfactorily as described by |
|
Subdivision (1)(C) or who met the standard for annual improvement |
|
as described by Subdivision (1)(D); |
|
(3) dropout rates, including dropout rates and |
|
district completion rates for grade levels 9 through 12, computed |
|
in accordance with standards and definitions adopted by the |
|
National Center for Education Statistics of the United States |
|
Department of Education; and |
|
(4) [(3)] high school graduation rates, computed in |
|
accordance with standards and definitions adopted in compliance |
|
with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et |
|
seq.). |
|
(d) [(Pub. L. No. 107-110);
|
|
[(4) student attendance rates;
|
|
[(5)
the percentage of graduating students who attain
|
|
scores on the questions developed for end-of-course assessment
|
|
instruments under Section 39.0233(a) that are equivalent to a
|
|
passing score on the assessment instrument required under Section
|
|
51.3062;
|
|
[(6)
the percentage of graduating students who meet
|
|
the course requirements established for the recommended high school
|
|
program by State Board of Education rule;
|
|
[(7)
the results of the Scholastic Assessment Test
|
|
(SAT), the American College Test (ACT), articulated postsecondary
|
|
degree programs described by Section 61.852, and certified
|
|
workforce training programs described by Chapter 311, Labor Code;
|
|
[(8)
the percentage of students, aggregated by grade
|
|
level, provided accelerated instruction under Section 28.0211(c),
|
|
the results of assessments administered under that section, the
|
|
percentage of students promoted through the grade placement
|
|
committee process under Section 28.0211, the subject of the
|
|
assessment instrument on which each student failed to perform
|
|
satisfactorily, and the performance of those students in the school
|
|
year following that promotion on the assessment instruments
|
|
required under Section 39.023;
|
|
[(9)
for students who have failed to perform
|
|
satisfactorily on an assessment instrument required under Section
|
|
39.023(a) or (c), the numerical progress of those students grouped
|
|
by percentage on subsequent assessment instruments required under
|
|
those sections, aggregated by grade level and subject area;
|
|
[(10)
the percentage of students exempted, by
|
|
exemption category, from the assessment program generally
|
|
applicable under this chapter;
|
|
[(11)
the percentage of students of limited English
|
|
proficiency exempted from the administration of an assessment
|
|
instrument under Sections 39.027(a)(3) and (4);
|
|
[(12)
the percentage of students in a special
|
|
education program under Subchapter A, Chapter 29, assessed through
|
|
assessment instruments developed or adopted under Section
|
|
39.023(b);
|
|
[(13)
the measure of progress toward preparation for
|
|
postsecondary success; and
|
|
[(14)
the measure of progress toward dual language
|
|
proficiency under Section 39.034(b), for students of limited
|
|
English proficiency, as defined by Section 29.052.
|
|
[(b-1)
Performance on the indicators described by
|
|
Subsections (b)(1), (2), (3), (8), (9), and (14) must be based on
|
|
longitudinal student data that is disaggregated by the bilingual
|
|
education or special language program, if any, in which students of
|
|
limited English proficiency, as defined by Section 29.052, are or
|
|
former students of limited English proficiency were enrolled.
If a
|
|
student described by this subsection is not or was not enrolled in
|
|
specialized language instruction, the number and percentage of
|
|
those students shall be provided.
|
|
[(c)] Performance on the student achievement indicators |
|
[indicator] under Subsections (c)(1) and (3) [Subsection (b)(1)] |
|
shall be compared to state standards and[,] required improvement[,
|
|
and comparable improvement]. The state standard shall be |
|
established by the commissioner. Required improvement is [defined
|
|
as] the progress necessary for the campus or district to meet state |
|
standards and, for the student achievement indicator under |
|
Subsection (c)(1), for its students to meet each of the performance |
|
standards as determined under Section 39.0241. |
|
(e) [exit requirements as defined by the commissioner.
|
|
Comparable improvement is derived by measuring campuses and
|
|
districts against a profile developed from a total state student
|
|
performance database which exhibits substantial equivalence to the
|
|
characteristics of students served by the campus or district,
|
|
including past academic performance, socioeconomic status,
|
|
ethnicity, and limited English proficiency.
|
|
[(d)] Annually, the commissioner shall define the state |
|
standard for the current school year for each student achievement |
|
[exemplary, recognized, and unacceptable performance for each
|
|
academic excellence] indicator described by Subsection (c) |
|
[included under Subsections (b)(1) through (7)] and shall project |
|
the state standards for each [of those levels of performance for
|
|
succeeding years.
For the] indicator for the following two school |
|
[under Subsection (b)(8), the commissioner shall define exemplary,
|
|
recognized, and unacceptable performance based on student
|
|
performance for the period covering both the current and preceding
|
|
academic] years. The commissioner shall periodically raise the |
|
state standards for the student achievement indicator described by |
|
Subsection (c)(1)(C) as necessary to reach the goal of achieving, |
|
by not later than the 2019-2020 school year, student performance in |
|
this state, disaggregated by race, ethnicity, and socioeconomic |
|
status, that ranks nationally in the top 10 states in terms of |
|
college readiness. |
|
(f) In defining the required state standard [exemplary,
|
|
recognized, and unacceptable performance] for the indicator |
|
described by Subsection (c)(3) [indicators under Subsections
|
|
(b)(2) and (4)], the commissioner may not consider as a dropout [or
|
|
as] a student [who has failed to attend school a student] whose |
|
failure to attend school results from: |
|
(1) the student's expulsion under Section 37.007; and |
|
(2) as applicable: |
|
(A) adjudication as having engaged in delinquent |
|
conduct or conduct indicating a need for supervision, as defined by |
|
Section 51.03, Family Code; or |
|
(B) conviction of and sentencing for an offense |
|
under the Penal Code. |
|
(g) In computing dropout and completion rates under |
|
Subsection (c)(3), the commissioner shall exempt students who: |
|
(1) are ordered by a court to attend a high school |
|
equivalency certificate program but who have not yet earned a high |
|
school equivalency certificate; or |
|
(2) were previously reported to the state as dropouts. |
|
(h) [(e)] Each school district shall cooperate with the |
|
agency in determining whether a student is a dropout for purposes of |
|
accreditation and evaluating performance by school districts and |
|
campuses under this chapter [section]. |
|
(i) [(f)
The indicator under Subsection (b)(1) must include
|
|
the results of assessment instruments required under Section
|
|
39.023(b).
|
|
[(g)] The commissioner by rule shall adopt accountability |
|
measures to be used in assessing the progress of students who have |
|
failed to perform satisfactorily as described by Subsections |
|
(c)(1)(A) and (C) in the preceding school year on an assessment |
|
instrument required under Section 39.023(a), (c), or (l). |
|
Sec. 39.054. METHODS AND STANDARDS FOR EVALUATING |
|
PERFORMANCE. (a) The commissioner shall adopt rules to evaluate |
|
school district and campus performance and, not later than August 8 |
|
of each year, assign each district and campus a performance rating |
|
that reflects acceptable performance, unacceptable performance, or |
|
performance eligible for distinction under Subchapter G. If a |
|
district or campus received a performance rating of unacceptable |
|
performance for the preceding school year the commissioner shall |
|
notify the district of a subsequent such designation on or before |
|
June 15. |
|
(b) In evaluating performance, the commissioner shall |
|
evaluate against state standards and consider the performance of |
|
each campus in a school district and each open-enrollment charter |
|
school on the basis of the campus's or school's performance on the |
|
student achievement indicators adopted under Section 39.053(c). |
|
(b-1) [39.072.
ACCREDITATION STANDARDS.
(a)
The State
|
|
Board of Education shall adopt rules to evaluate the performance of
|
|
school districts and to assign to each district a performance
|
|
rating as follows:
|
|
[(1)
exemplary (meets or exceeds state exemplary
|
|
standards);
|
|
[(2)
recognized (meets or exceeds required
|
|
improvement and within 10 percent of state exemplary standards);
|
|
[(3)
academically acceptable (below the exemplary and
|
|
recognized standards but exceeds the academically unacceptable
|
|
standards); or
|
|
[(4)
academically unacceptable (below the state
|
|
clearly unacceptable performance standard and does not meet
|
|
required improvement).
|
|
[(b)
The academic excellence indicators adopted under
|
|
Sections 39.051(b)(1) through (8) and the district's current
|
|
special education compliance status with the agency shall be the
|
|
main considerations of the agency in the rating of the district
|
|
under this section.
Additional criteria in the rules may include
|
|
consideration of:
|
|
[(1)
compliance with statutory requirements and
|
|
requirements imposed by rule of the State Board of Education under
|
|
specific statutory authority that relate to:
|
|
[(A)
reporting data through the Public Education
|
|
Information Management System (PEIMS);
|
|
[(B)
the high school graduation requirements
|
|
under Section 28.025; or
|
|
[(C)
an item listed in Sections
|
|
7.056(e)(3)(C)-(I) that applies to the district;
|
|
[(2)
the effectiveness of the district's programs for
|
|
special populations; and
|
|
[(3)
the effectiveness of the district's career and
|
|
technology programs.
|
|
[(c)
The agency shall evaluate against state standards and
|
|
shall, not later than August 1 of each year, report the performance
|
|
of each campus in a district and each open-enrollment charter
|
|
school on the basis of the campus's performance on the indicators
|
|
adopted under Sections 39.051(b)(1) through (8).] Consideration of |
|
the effectiveness of district programs under Section |
|
39.052(b)(2)(B) or (C) [Subsection (b)(2) or (3)] must be based on |
|
data collected through the Public Education Information Management |
|
System (PEIMS) for purposes of accountability under this chapter or |
|
through a special accreditation investigation under Section 39.057 |
|
and include the results of assessments required under Section |
|
39.023. |
|
(c) In evaluating school district and campus performance on |
|
the student achievement indicators adopted under Sections |
|
39.053(c)(1) and (3), the commissioner shall identify satisfactory |
|
performance as meeting the state standard determined by the |
|
commissioner under Section 39.053(e) for the current school year |
|
based on: |
|
(1) student performance in the current school year; or |
|
(2) student performance as averaged over the current |
|
school year and the preceding two school years. |
|
(d) To be assigned an accredited status, a school district |
|
or campus: |
|
(1) must perform satisfactorily on 85 percent of the |
|
measures the commissioner determines appropriate with respect to |
|
the student achievement indicators adopted under Sections |
|
39.053(c)(1) and (3); |
|
(2) may not fail to perform satisfactorily on the same |
|
measure described by Subdivision (1) for two consecutive school |
|
years; and |
|
(3) may establish other performance criteria for a |
|
district or campus to obtain an exception under this subsection. |
|
(d-1) In determining additional criteria under Subsection |
|
(d)(3), the commissioner shall give consideration to performance on |
|
the same measure for student groups that are substantially similar |
|
in composition to all students on the same campus or district. |
|
(e) [Notwithstanding any other provision of this code, for
|
|
purposes of determining the performance of a school district under
|
|
this chapter, including the accreditation status of the district, a
|
|
student confined by court order in a residential program or
|
|
facility operated by or under contract with the Texas Youth
|
|
Commission, Texas Juvenile Probation Commission, or any other
|
|
governmental entity, including a juvenile board, is not considered
|
|
to be a student of the school district in which the program or
|
|
facility is physically located.
The performance of such a student
|
|
on an assessment instrument or other academic excellence indicator
|
|
adopted under Section 39.051 shall be determined, reported, and
|
|
considered separately from the performance of students attending a
|
|
school of the district in which the program or facility is
|
|
physically located.
|
|
[Sec.
39.0721.
GOLD PERFORMANCE RATING PROGRAM.
(a)
In
|
|
addition to district and campus performance ratings reported under
|
|
Section 39.072, the commissioner shall develop a gold performance
|
|
rating program based on enhanced performance. The agency shall
|
|
administer the program.
|
|
[(b)
Under the gold performance rating program, a district
|
|
or campus rated exemplary under Section 39.072 is eligible for an
|
|
exemplary gold rating, a district or campus rated recognized is
|
|
eligible for a recognized gold rating, and a district or campus
|
|
rated academically acceptable is eligible for an academically
|
|
acceptable gold rating.
|
|
[(c)
The performance standards on which a gold performance
|
|
rating is based should include:
|
|
[(1) student proficiency on:
|
|
[(A)
assessment instruments administered under
|
|
Sections 39.023(a), (c), and (l); and
|
|
[(B)
other measures of proficiency determined by
|
|
the commissioner;
|
|
[(2)
student performance on one or more nationally
|
|
recognized norm-referenced assessment instruments;
|
|
[(3) improvement in student performance;
|
|
[(4)
in the case of middle or junior high school
|
|
campuses, student proficiency in mathematics, including algebra;
|
|
and
|
|
[(5) in the case of high school campuses:
|
|
[(A)
the extent to which graduating students are
|
|
academically prepared to attend institutions of higher education;
|
|
[(B)
the percentage of students who take advanced
|
|
placement tests and student performance on those tests; and
|
|
[(C)
the percentage of students who take and
|
|
successfully complete advanced academic courses or college-level
|
|
course work offered through dual credit programs provided under
|
|
agreements between high schools and institutions of higher
|
|
education.
|
|
[(d)
The commissioner may adopt rules as necessary to
|
|
implement and administer this section.
|
|
[Sec.
39.073.
DETERMINING ACCREDITATION STATUS. (a)
The
|
|
agency shall annually review the performance of each district and
|
|
campus on the indicators adopted under Sections 39.051(b)(1)
|
|
through (8) and determine if a change in the accreditation status of
|
|
the district is warranted.
The commissioner may determine how all
|
|
indicators adopted under Section 39.051(b) may be used to determine
|
|
accountability ratings and to select districts and campuses for
|
|
acknowledgment.
|
|
[(b)] Each annual performance review under this section |
|
shall include an analysis of the student achievement indicators |
|
adopted under Section 39.053(c) [Sections 39.051(b)(1) through
|
|
(8)] to determine school district and campus performance in |
|
relation to: |
|
(1) standards established for each indicator; and |
|
(2) required improvement as defined under Section |
|
39.053(d) [39.051(c); and
|
|
[(3)
comparable improvement as defined by Section
|
|
39.051(c)]. |
|
[(c)
A district's accreditation rating may be raised or
|
|
lowered based on the district's performance or may be lowered based
|
|
on the unacceptable performance of one or more campuses in the
|
|
district.
|
|
[(d)
The commissioner shall notify a district that is rated
|
|
academically unacceptable that the performance of the district or a
|
|
campus in the district is below each standard under Subsection (b)
|
|
and shall require the district to notify property owners and
|
|
parents in the district of the lowered accreditation rating and its
|
|
implication.
|
|
[(e)
In determining a district's accreditation rating, the
|
|
agency shall consider:
|
|
[(1)
the district's current special education
|
|
compliance status with the agency; and
|
|
[(2)
the progress of students who have failed to
|
|
perform satisfactorily in the preceding school year on an
|
|
assessment instrument required under Section 39.023(a), (c), or
|
|
(l).] |
|
(f) In the computation of dropout rates under Section |
|
39.053(c)(3) [39.051(b)(2)], a student who is released from a |
|
juvenile pre-adjudication secure detention facility or juvenile |
|
post-adjudication secure correctional facility and fails to enroll |
|
in school or a student who leaves a residential treatment center |
|
after receiving treatment for fewer than 85 days and fails to enroll |
|
in school may not be considered to have dropped out from the [campus
|
|
or] school district or campus serving the facility or center unless |
|
that district or campus [or district] is the one to which the |
|
student is regularly assigned. |
|
Sec. 39.055. STUDENT CONFINED BY COURT ORDER NOT CONSIDERED |
|
FOR ACCOUNTABILITY PURPOSES. Notwithstanding any other provision |
|
of this code, for purposes of determining the performance of a |
|
school district or campus under this chapter, including the |
|
accreditation status of a district or campus, a student confined by |
|
court order in a residential program or facility operated by or |
|
under contract with the Texas Youth Commission, the Texas Juvenile |
|
Probation Commission, a juvenile board, or any other governmental |
|
entity is not considered to be a student of the school district in |
|
which the program or facility is physically located. The |
|
performance of such a student on an assessment instrument or other |
|
student achievement indicator adopted under Section 39.053 or |
|
reporting indicator adopted under Section 39.301 shall be |
|
determined, reported, and considered separately from the |
|
performance of students attending a school of the district in which |
|
the program or facility is physically located. |
|
Sec. 39.056 [39.074]. ON-SITE INVESTIGATIONS. (a) The |
|
commissioner may: |
|
(1) direct the agency to conduct on-site |
|
investigations of a school district at any time to answer any |
|
questions concerning a program, including special education, |
|
required by federal law or for which the district receives federal |
|
funds; and |
|
(2) [raise or lower the performance rating] as a |
|
result of the investigation, change the accreditation status of a |
|
district, change the accountability rating of a district or campus, |
|
or withdraw a distinction designation under Subchapter G. |
|
(b) The commissioner shall determine the frequency of |
|
on-site investigations by the agency according to annual |
|
comprehensive analyses of student performance and equity in |
|
relation to the student achievement [academic excellence] |
|
indicators adopted under Section 39.053 [39.051]. |
|
(c) In making an on-site accreditation investigation, the |
|
investigators shall obtain information from administrators, |
|
teachers, and parents of students enrolled in the school district. |
|
The investigation may not be closed until information is obtained |
|
from each of those sources. The State Board of Education shall |
|
adopt rules for: |
|
(1) obtaining information from parents and using that |
|
information in the investigator's report; and |
|
(2) obtaining information from teachers in a manner |
|
that prevents a [campus or] district or campus from screening the |
|
information. |
|
(d) The agency shall give written notice to the |
|
superintendent and the board of trustees of a school district of any |
|
impending investigation of the district's accreditation. |
|
(e) [If an annual review
indicates low performance on one
|
|
or more of the indicators under Sections 39.051(b)(1) through (8)
|
|
of one or more campuses in a district, the agency may conduct an
|
|
on-site evaluation of those campuses only.
|
|
[(f)] The investigators shall report orally and in writing |
|
to the board of trustees of the school district and, as appropriate, |
|
to campus administrators and shall make recommendations concerning |
|
any necessary improvements or sources of aid such as regional |
|
education service centers. |
|
Sec. 39.057 [39.075]. SPECIAL ACCREDITATION |
|
INVESTIGATIONS. (a) The commissioner shall authorize special |
|
accreditation investigations to be conducted: |
|
(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; |
|
[or] |
|
(9) when a significant pattern of increased student |
|
dropout rates or decreased academic performance develops as the |
|
result of the promotion of students who did not perform |
|
satisfactorily on assessment instruments administered under |
|
Section 39.023(a), (c), or (l); |
|
(10) when excessive numbers of students graduate under |
|
the minimum high school program; or |
|
(11) 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, the agency may not substitute its |
|
judgment for that of the board. |
|
(c) [(b-1)] The commissioner may authorize special |
|
accreditation investigations to be conducted in response to |
|
repeated complaints submitted to the agency concerning imposition |
|
of excessive paperwork requirements on classroom teachers. |
|
(d) [(c)] Based on the results of a special accreditation |
|
investigation, the commissioner may: |
|
(1) take appropriate action under Subchapter E [G]; |
|
(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) [(c)
Based on the results of a special accreditation
|
|
investigation, the commissioner may lower the district's
|
|
accreditation rating and may take appropriate action under
|
|
Subchapter G.] Regardless of whether the commissioner lowers the |
|
school district's accreditation status under Subsection (d) |
|
[rating], the commissioner may take action under Sections |
|
39.102(a)(1) through (8) or Section 39.103 [39.131(a)(1) through
|
|
(8)] if the commissioner determines that the action is necessary to |
|
improve any area of a district's or campus's performance, including |
|
the district's financial accounting practices. |
|
Sec. 39.058 [39.076]. CONDUCT OF INVESTIGATIONS. (a) The |
|
agency shall adopt written procedures for conducting on-site |
|
investigations under this subchapter. The agency shall make the |
|
procedures available to the complainant, the alleged violator, and |
|
the public. Agency staff must be trained in the procedures and must |
|
follow the procedures in conducting the investigation. |
|
(b) After completing an investigation, the agency shall |
|
present preliminary findings to any person the agency finds has |
|
violated a law, rule, or policy. Before issuing a report with its |
|
final findings, the agency must provide a person the agency finds |
|
has violated a law, rule, or policy an opportunity for an informal |
|
review by the commissioner or a designated hearing examiner. |
|
SUBCHAPTER D [I]. FINANCIAL ACCOUNTABILITY |
|
Sec. 39.081 [39.201]. DEFINITIONS. In this subchapter: |
|
(1) "Parent" includes a guardian or other person |
|
having lawful control of a student. |
|
(2) "System" means a [the] financial accountability |
|
rating system developed under this subchapter. |
|
Sec. 39.082 [39.202]. DEVELOPMENT AND IMPLEMENTATION. (a) |
|
The commissioner shall, in consultation with the comptroller, |
|
develop and implement separate [a] financial accountability rating |
|
systems [system] for school districts and open-enrollment charter |
|
schools in this state that: |
|
(1) distinguish [distinguishes] among school |
|
districts and distinguish among open-enrollment charter schools, |
|
as applicable, based on levels of financial performance; and |
|
(2) include [includes] procedures to: |
|
(A) provide additional transparency to public |
|
education finance; and |
|
(B) enable the commissioner and school district |
|
and open-enrollment charter school administrators to provide |
|
meaningful financial oversight and improvement. |
|
(b) The system must include uniform indicators adopted by |
|
the commissioner by which to measure the [a district's] financial |
|
management performance of a district or open-enrollment charter |
|
school. |
|
(c) The system may not include an indicator under Subsection |
|
(b) or any other performance measure that: |
|
(1) requires a school district to spend at least 65 |
|
percent or any other specified percentage of district operating |
|
funds for instructional purposes; or |
|
(2) lowers the financial management performance |
|
rating of a school district for failure to spend at least 65 percent |
|
or any other specified percentage of district operating funds for |
|
instructional purposes. |
|
Sec. 39.0821. COMPTROLLER REVIEW OF RESOURCE ALLOCATION |
|
PRACTICES. The comptroller shall identify school districts and |
|
campuses that use resource allocation practices that contribute to |
|
high academic achievement and cost-effective operations. In |
|
identifying districts and campuses under this section, the |
|
comptroller shall: |
|
(1) evaluate existing academic accountability and |
|
financial data by integrating the data; |
|
(2) rank the results of the evaluation under |
|
Subdivision (1) to identify the relative performance of districts |
|
and campuses; and |
|
(3) identify potential areas for district and campus |
|
improvement. |
|
Sec. 39.0822. FINANCIAL SOLVENCY REVIEW REQUIRED. (a) The |
|
agency shall develop a review process to anticipate the future |
|
financial solvency of each school district. The review process |
|
shall analyze: |
|
(1) district revenues and expenditures for the |
|
preceding school year; and |
|
(2) projected district revenues and expenditures for |
|
the current school year and the following five school years. |
|
(b) In analyzing the information under Subsection (a), the |
|
review process developed must consider, for the preceding school |
|
year, the current school year, and the following five years, as |
|
appropriate: |
|
(1) student-to-staff ratios relative to expenditures, |
|
including average staff salaries; |
|
(2) the rate of depletion of the district general fund |
|
balance; |
|
(3) the number of students enrolled in the district; |
|
(4) the adopted tax rate of the district; |
|
(5) any independent audit report prepared for the |
|
district; and |
|
(6) actual financial data for the district for the |
|
month of September. |
|
(c) The agency shall consult school district and |
|
open-enrollment charter school financial officers in developing |
|
the review process under this section. |
|
(d) The agency shall develop a computer software template |
|
for school districts to use in submitting information to the agency |
|
for purposes of this section. Each district shall update |
|
information to the template within the period prescribed by the |
|
commissioner. The commissioner shall adopt rules under this |
|
subsection to allow a district to enter estimates of critical data |
|
into the template before the district adopts its budget. The |
|
template must: |
|
(1) be capable of importing, to the extent |
|
practicable, data a district has previously submitted to the |
|
agency; |
|
(2) include an entry space that allows a district to |
|
enter information explaining any irregularity in data submitted; |
|
and |
|
(3) provide alerts for: |
|
(A) a student-to-staff ratio that is |
|
significantly outside the norm; |
|
(B) a rapid depletion of the district general |
|
fund balance; and |
|
(C) a significant discrepancy between actual |
|
budget figures and projected revenues and expenditures. |
|
(e) An alert in the template developed under Subsection (d) |
|
must be developed to notify the agency immediately on the |
|
occurrence of a condition described by Subsection (d)(3). After |
|
the agency is alerted, the agency shall immediately notify the |
|
affected school district regarding the condition triggering the |
|
alert. |
|
Sec. 39.0823. PROJECTED DEFICIT. (a) If the review process |
|
under Section 39.0822 indicates a projected deficit for a school |
|
district general fund within the following five school years, the |
|
district shall provide the agency interim financial reports, |
|
supplemented by staff and student count data, as needed, to |
|
evaluate the district's current budget status. |
|
(b) If the interim financial data provided under Subsection |
|
(a) substantiates the projected deficit, the school district shall |
|
develop a financial plan and submit the plan to the agency for |
|
approval. The agency may approve the plan only if the agency |
|
determines the plan will permit the district to avoid the projected |
|
insolvency. |
|
(c) The commissioner shall assign a school district an |
|
accredited-warned status if: |
|
(1) the district fails to submit a plan as provided by |
|
Subsection (b); |
|
(2) the district fails to obtain approval from the |
|
agency for a plan as provided by Subsection (b); |
|
(3) the district fails to comply with a plan approved |
|
by the agency under Subsection (b); or |
|
(4) the agency determines in a subsequent school year, |
|
based on financial data submitted by the district, that the |
|
approved plan for the district is no longer sufficient or is not |
|
appropriately implemented. |
|
Sec. 39.083 [39.203]. REPORTING. (a) The commissioner |
|
shall develop, as part of the system, a reporting procedure under |
|
which: |
|
(1) each school district is required to prepare and |
|
distribute an annual financial management report; and |
|
(2) the public is provided an opportunity to comment |
|
on the report at a hearing. |
|
(b) The annual financial management report must include: |
|
(1) a description of the district's financial |
|
management performance based on a comparison, provided by the |
|
agency, of the district's performance on the indicators adopted |
|
under Section 39.082(b) [39.202(b)] to: |
|
(A) state-established standards; and |
|
(B) the district's previous performance on the |
|
indicators; [and] |
|
(2) a description of the data submitted using the |
|
computer software template developed under Section 39.0822; and |
|
(3) any descriptive information required by the |
|
commissioner. |
|
(c) The report may include: |
|
(1) information concerning the district's: |
|
(A) financial allocations; |
|
(B) tax collections; |
|
(C) financial strength; |
|
(D) operating cost management; |
|
(E) personnel management; |
|
(F) debt management; |
|
(G) facility acquisition and construction |
|
management; |
|
(H) cash management; |
|
(I) budgetary planning; |
|
(J) overall business management; |
|
(K) compliance with rules; and |
|
(L) data quality; and |
|
(2) any other information the board of trustees |
|
determines to be necessary or useful. |
|
(d) The board of trustees of each school district shall hold |
|
a public hearing on the report. The board shall give notice of the |
|
hearing to owners of real property in the district and to parents of |
|
district students. In addition to other notice required by law, |
|
notice of the hearing must be provided: |
|
(1) to a newspaper of general circulation in the |
|
district; and |
|
(2) through electronic mail to media serving the |
|
district. |
|
(e) After the hearing, the report shall be disseminated in |
|
the district in the manner prescribed by the commissioner. |
|
Sec. 39.084 [39.204]. RULES. The commissioner shall adopt |
|
rules as necessary for the implementation and administration of |
|
this subchapter. |
|
SUBCHAPTER E [G]. ACCREDITATION INTERVENTIONS AND SANCTIONS |
|
Sec. 39.101. ACCREDITED-WARNED AND ACCREDITED-PROBATION |
|
STATUS FOR PURPOSES OF INTERVENTIONS AND SANCTIONS. For purposes |
|
of this subchapter, a campus is considered to have: |
|
(1) an accredited-warned status if the campus has been |
|
assigned under this subchapter an accreditation status lower than |
|
accredited for fewer than three school years; and |
|
(2) an accredited-probation status if the campus has |
|
been assigned under this subchapter an accreditation status lower |
|
than accredited for three to five school years. |
|
Sec. 39.102 [39.131]. INTERVENTIONS AND SANCTIONS FOR |
|
DISTRICTS. (a) If a school district does not satisfy the |
|
accreditation criteria under Section 39.052 [39.071], the academic |
|
performance standards under Section 39.053 or 39.054 [39.072], or |
|
any financial accountability standard as determined by |
|
commissioner rule, the commissioner shall take any of the following |
|
actions to the extent the commissioner determines necessary: |
|
(1) issue public notice of the deficiency to the board |
|
of trustees; |
|
(2) order a hearing conducted by the board of trustees |
|
of the district for the purpose of notifying the public of the |
|
insufficient [unacceptable] performance, the improvements in |
|
performance expected by the agency, and the sanctions that may be |
|
imposed under this section if the performance does not improve; |
|
(3) order the preparation of a student achievement |
|
improvement plan that addresses each student achievement [academic
|
|
excellence] indicator under Section 39.053(c) for which the |
|
district's performance is insufficient [unacceptable], the |
|
submission of the plan to the commissioner for approval, and |
|
implementation of the plan; |
|
(4) order a hearing to be held before the commissioner |
|
or the commissioner's designee at which the president of the board |
|
of trustees of the district and the superintendent shall appear and |
|
explain the district's low performance, lack of improvement, and |
|
plans for improvement; |
|
(5) arrange an on-site investigation of the district; |
|
(6) appoint an agency monitor to participate in and |
|
report to the agency on the activities of the board of trustees or |
|
the superintendent; |
|
(7) appoint a conservator to oversee the operations of |
|
the district; |
|
(8) appoint a management team to direct the operations |
|
of the district in areas of insufficient [unacceptable] performance |
|
or require the district to obtain certain services under a contract |
|
with another person; |
|
(9) if a district has a current accreditation status |
|
of accredited-warned or accredited-probation, fails to satisfy any |
|
standard under Section 39.054(e) [is rated academically
|
|
unacceptable], or fails to satisfy financial accountability |
|
standards as determined by commissioner rule, appoint a board of |
|
managers to exercise the powers and duties of the board of trustees; |
|
(10) if for two consecutive school years, including |
|
the current school year, a district has received an accreditation |
|
status of accredited-warned or accredited-probation, has failed to |
|
satisfy any standard under Section 39.054(e) [been rated
|
|
academically unacceptable], or has failed to satisfy financial |
|
accountability standards as determined by commissioner rule, |
|
revoke the district's accreditation and: |
|
(A) order closure of the district and annex the |
|
district to one or more adjoining districts under Section 13.054; |
|
or |
|
(B) in the case of a home-rule school district or |
|
open-enrollment charter school, order closure of all programs |
|
operated under the district's or school's charter; or |
|
(11) if a district has failed to satisfy any standard |
|
under Section 39.054(e) [been rated academically unacceptable for
|
|
two consecutive school years, including the current school year,] |
|
due to the district's dropout rates, impose sanctions designed to |
|
improve high school completion rates, including: |
|
(A) ordering the development of a dropout |
|
prevention plan for approval by the commissioner; |
|
(B) restructuring the district or appropriate |
|
school campuses to improve identification of and service to |
|
students who are at risk of dropping out of school, as defined by |
|
Section 29.081; |
|
(C) ordering lower student-to-counselor ratios |
|
on school campuses with high dropout rates; and |
|
(D) ordering the use of any other intervention |
|
strategy effective in reducing dropout rates, including mentor |
|
programs and flexible class scheduling. |
|
(b) This subsection applies regardless of whether a |
|
district has satisfied the accreditation criteria. If for two |
|
consecutive school years, including the current school year, a |
|
district has had a conservator or management team assigned, the |
|
commissioner may appoint a board of managers, a majority of whom |
|
must be residents of the district, to exercise the powers and duties |
|
of the board of trustees. |
|
Sec. 39.103 [39.132]. INTERVENTIONS AND SANCTIONS FOR |
|
[ACADEMICALLY UNACCEPTABLE] CAMPUSES. (a) If a campus performance |
|
is below any standard under Section 39.054(e) [39.073(b)], the |
|
campus is considered an accredited-warned or accredited-probation |
|
campus under Section 39.101 [academically unacceptable campus]. |
|
The commissioner [may permit the campus to participate in an
|
|
innovative redesign of the campus to improve campus performance or] |
|
shall take [any of the other following] actions, to the extent the |
|
commissioner determines necessary, as provided by this subchapter. |
|
(b) For a campus described by Subsection (a), the |
|
commissioner, to the extent the commissioner determines necessary, |
|
may[:
|
|
[(1)
issue public notice of the deficiency to the
|
|
board of trustees;
|
|
[(2)
order a hearing conducted by the board of
|
|
trustees at the campus for the purpose of:
|
|
[(A)
notifying the public of the unacceptable
|
|
performance, the improvements in performance expected by the
|
|
agency, and the sanctions that may be imposed under this section if
|
|
the performance does not improve within a designated period of
|
|
time; and
|
|
[(B)
soliciting public comment on the initial
|
|
steps being taken to improve performance;
|
|
[(3)
order the preparation of a report regarding the
|
|
parental involvement program at the campus and a plan describing
|
|
strategies for improving parental involvement at the campus;
|
|
[(4)
order the preparation of a report regarding the
|
|
effectiveness of the district- and campus-level planning and
|
|
decision-making committees established under Subchapter F, Chapter
|
|
11, and a plan describing strategies for improving the
|
|
effectiveness of those committees;
|
|
[(5)
order the preparation of a student improvement
|
|
plan that addresses each academic excellence indicator for which
|
|
the campus's performance is unacceptable, the submission of the
|
|
plan to the commissioner for approval, and implementation of the
|
|
plan;
|
|
[(6)] order a hearing to be held before the |
|
commissioner or the commissioner's designee at which the president |
|
of the board of trustees, the superintendent, and the campus |
|
principal shall appear and explain the campus's low performance, |
|
lack of improvement, and plans for improvement[; or
|
|
[(7)
appoint a campus intervention team under Section
|
|
39.1322]. |
|
(c) Notwithstanding the provisions of this subchapter, if |
|
the commissioner determines that a campus subject to interventions |
|
or sanctions under this subchapter has implemented substantially |
|
similar intervention measures under federal accountability |
|
requirements, the commissioner may accept the substantially |
|
similar intervention measures as measures in compliance with this |
|
subchapter. |
|
Sec. 39.104 [39.1321]. INTERVENTIONS AND SANCTIONS FOR |
|
CHARTER SCHOOLS. (a) Interventions and sanctions [Sanctions] |
|
authorized under this chapter for a school district or campus apply |
|
in the same manner to an open-enrollment charter school. |
|
(b) The commissioner shall adopt rules to implement |
|
procedures to impose any intervention or sanction provision under |
|
this chapter as those provisions relate to open-enrollment charter |
|
schools. |
|
(c) In adopting rules under this section, the commissioner |
|
shall require that the charter of an open-enrollment charter |
|
school: |
|
(1) be automatically revoked if the charter school is |
|
ordered closed under this chapter; and |
|
(2) be automatically modified to remove authorization |
|
for an individual campus if the campus is ordered closed under this |
|
chapter. |
|
(d) If interventions or sanctions are imposed on an |
|
open-enrollment charter school under the procedures provided by |
|
this chapter, a charter school is not entitled to an additional |
|
hearing relating to the modification, placement on probation, |
|
revocation, or denial of renewal of a charter as provided by |
|
Subchapter D, Chapter 12. |
|
Sec. 39.105 [39.1322]. [TECHNICAL ASSISTANCE AND] CAMPUS |
|
IMPROVEMENT PLAN [INTERVENTION TEAMS]. (a) This section applies |
|
if [If] a campus performance satisfies performance standards under |
|
Section 39.054(e) [is rated academically acceptable] for the |
|
current school year but would not satisfy performance standards |
|
under Section 39.054(e) [be rated as academically unacceptable] if |
|
the [performance] standards to be used for the following school |
|
year were applied to the current school year. On request of[,] the |
|
commissioner, the campus-level committee established under Section |
|
11.251 shall revise and submit to the commissioner in an electronic |
|
format the portions of the campus improvement plan developed under |
|
Section 11.253 that are relevant to those areas for which the campus |
|
would not satisfy performance standards [select and assign a
|
|
technical assistance team to assist the campus in executing a
|
|
school improvement plan and any other school improvement strategies
|
|
the commissioner determines appropriate.
The commissioner may
|
|
waive the requirement to assign a technical assistance team under
|
|
this subsection if the improvement in performance standards among
|
|
all student groups, including special populations, over the
|
|
preceding three years indicates that the campus is likely to be
|
|
rated academically acceptable in the following school year]. |
|
(b) If the [a] campus to which this section applies is an |
|
open-enrollment charter school, the school shall establish a |
|
campus-level planning and decision-making committee as provided |
|
for through procedures as much as practicable the same as those |
|
provided by Sections 11.251(b)-(e) and develop a campus improvement |
|
plan as provided by Section 11.253. On request of the commissioner, |
|
the school shall submit to the commissioner in an electronic format |
|
the portions of the campus improvement plan that are relevant to |
|
those areas for which the campus would not satisfy performance |
|
standards [has been identified as academically unacceptable under
|
|
Section 39.132, the commissioner shall appoint a campus
|
|
intervention team.
|
|
[(c)
To the extent practicable, the commissioner shall
|
|
select and assign the technical assistance team under Subsection
|
|
(a) or the campus intervention team under Subsection (b) before the
|
|
first day of instruction for the school year.
|
|
[(d)
The commissioner may determine when the services of a
|
|
technical assistance team or campus intervention team are no longer
|
|
needed at a campus under this section]. |
|
Sec. 39.106 [39.1323]. CAMPUS INTERVENTION TEAM |
|
[PROCEDURES]. (a) If a campus performance is below any standard |
|
under Section 39.054(e), the commissioner shall assign a campus |
|
intervention team. A campus intervention team shall: |
|
(1) conduct: |
|
(A) a targeted [comprehensive] on-site needs |
|
assessment relevant to an area of insufficient performance |
|
[evaluation] of the campus as provided by Subsection (b) [to
|
|
determine the cause for the campus's low performance and lack of
|
|
progress]; or |
|
(B) if the commissioner determines necessary, a |
|
comprehensive on-site needs assessment, using the procedures |
|
provided by Subsection (b); |
|
(2) recommend appropriate actions as provided by |
|
Subsection (c)[, including reallocation of resources and technical
|
|
assistance, changes in school procedures or operations, staff
|
|
development for instructional and administrative staff,
|
|
intervention for individual administrators or teachers, waivers
|
|
from state statute or rule, or other actions the team considers
|
|
appropriate]; |
|
(3) assist in the development of a targeted [school] |
|
improvement plan [for student achievement]; [and] |
|
(4) assist the campus in submitting the targeted |
|
improvement plan to the board of trustees for approval and |
|
presenting the plan in a public hearing as provided by Subsection |
|
(e-1); and |
|
(5) assist the commissioner in monitoring the progress |
|
of the campus in implementing the targeted [school] improvement |
|
plan [for improvement of student achievement]. |
|
(b) An [A campus intervention team assigned under Section
|
|
39.1322 to a campus shall conduct a comprehensive] on-site needs |
|
assessment of the campus under Subsection (a) must [to] determine |
|
the contributing [causal] factors resulting in the campus's low |
|
performance and lack of progress. The team shall use any of the |
|
following guidelines and procedures relevant to any area of |
|
insufficient performance in conducting a targeted on-site needs |
|
assessment and shall use each of the following guidelines and |
|
procedures in conducting a [the] comprehensive on-site needs |
|
assessment [of the campus]: |
|
(1) an assessment of the staff to determine the |
|
percentage of certified teachers who are teaching in their field, |
|
the number of teachers with less than three years of experience, and |
|
teacher turnover rates; |
|
(2) compliance with the appropriate class-size rules |
|
and number of class-size waivers received; |
|
(3) an assessment of the quality, quantity, and |
|
appropriateness of instructional materials, including the |
|
availability of technology-based instructional materials; |
|
(4) a report on the parental involvement strategies |
|
and the effectiveness of the strategies; |
|
(5) an assessment of the extent and quality of the |
|
mentoring program provided for new teachers on the campus; |
|
(6) an assessment of the type and quality of the |
|
professional development provided to the staff; |
|
(7) a demographic analysis of the student population, |
|
including student demographics, at-risk populations, and special |
|
education percentages; |
|
(8) a report of disciplinary incidents and school |
|
safety information; |
|
(9) financial and accounting practices; |
|
(10) an assessment of the appropriateness of the |
|
curriculum and teaching strategies; and |
|
(11) any other research-based data or information |
|
obtained from a data collection process that would assist the |
|
campus intervention team in: |
|
(A) recommending an action under Subsection (c); |
|
and |
|
(B) executing a targeted [school] improvement |
|
plan under Subsection (d-1) [(d)]. |
|
(c) On completing the on-site needs assessment [evaluation] |
|
under this section, the campus intervention team shall recommend |
|
actions relating to any area of insufficient performance, |
|
including: |
|
(1) reallocation of resources; |
|
(2) technical assistance; |
|
(3) changes in school procedures or operations; |
|
(4) staff development for instructional and |
|
administrative staff; |
|
(5) intervention for individual administrators or |
|
teachers; |
|
(6) waivers from state statutes or rules; or |
|
(7) other actions the campus intervention team |
|
considers appropriate. |
|
(d) The campus intervention team shall assist the campus in |
|
submitting the targeted improvement plan to the commissioner for |
|
approval. |
|
(d-1) In executing the targeted [a school] improvement plan |
|
[developed under Subsection (a)(3)], the campus intervention team |
|
shall, if appropriate: |
|
(1) assist the campus in implementing research-based |
|
practices for curriculum development and classroom instruction, |
|
including bilingual education and special education programs[, if
|
|
appropriate,] and financial management; and |
|
(2) provide research-based technical assistance, |
|
including data analysis, academic deficiency identification, |
|
intervention implementation, and budget analysis, to strengthen |
|
and improve the instructional programs at the campus[; and
|
|
[(3)
submit the school improvement plan to the
|
|
commissioner for approval]. |
|
(e) For each year a campus is assigned an accreditation |
|
status below accredited, a [A] campus intervention team shall |
|
[appointed under Section 39.1322(b)]: |
|
(1) [shall] continue to work with a campus until: |
|
(A) the campus satisfies all performance |
|
standards under Section 39.054(e) [is rated academically
|
|
acceptable] for a two-year period; or |
|
(B) the campus satisfies all performance |
|
standards under Section 39.054(e) [is rated academically
|
|
acceptable] for a one-year period and the commissioner determines |
|
that the campus is operating and will continue to operate in a |
|
manner that improves student achievement; [and] |
|
(2) assist in updating the targeted improvement plan |
|
to identify and analyze areas of growth and areas that require |
|
improvement; and |
|
(3) submit each updated plan described by Subdivision |
|
(2) to the board of trustees of the school district [may continually
|
|
update the school improvement plan, with approval from the
|
|
commissioner, to meet the needs of the campus]. |
|
(e-1) After a targeted improvement plan or updated plan is |
|
submitted to the board of trustees of the school district, the |
|
board: |
|
(1) shall conduct a hearing for the purpose of: |
|
(A) notifying the public of the insufficient |
|
performance, the improvements in performance expected by the |
|
agency, and the intervention measures or sanctions that may be |
|
imposed under this subchapter if the performance does not improve |
|
within a designated period; and |
|
(B) soliciting public comment on the targeted |
|
improvement plan or any updated plan; |
|
(2) may conduct one hearing relating to one or more |
|
campuses subject to a targeted improvement plan or an updated plan; |
|
and |
|
(3) shall submit the targeted improvement plan or any |
|
updated plan to the commissioner for approval. |
|
(f) Notwithstanding any other provision of this subchapter, |
|
if the commissioner determines that a campus for which an |
|
intervention is ordered under Subsection (a) [Section 39.1322(b)] |
|
is not fully implementing the campus intervention team's |
|
recommendations or targeted [school] improvement plan, the |
|
commissioner may order the reconstitution of the campus as provided |
|
by Section 39.107. |
|
Sec. 39.107 [39.1324]. RECONSTITUTION, REPURPOSING, |
|
ALTERNATIVE MANAGEMENT, AND CLOSURE [MANDATORY SANCTIONS]. (a) |
|
Unless otherwise provided under the procedures for approval of an |
|
updated targeted improvement plan under Section 39.106(e-1) or this |
|
subsection, after [If] a campus has been identified as |
|
accredited-warned under Section 39.101 [academically unacceptable] |
|
for two consecutive school years, the campus is considered to have |
|
an accredited-probation status under Section 39.101 and [including
|
|
the current school year,] the commissioner shall order the |
|
reconstitution of the campus [and assign a campus intervention
|
|
team]. The commissioner may waive the requirement to order |
|
reconstitution for not more than one school year if the |
|
commissioner determines that, on the basis of significant |
|
improvement in student performance over the preceding two school |
|
years, the campus is likely to be assigned an accredited status for |
|
the following school year. |
|
(a-1) In reconstituting a [the] campus, a campus |
|
intervention team shall assist the campus in: |
|
(1) developing an updated targeted [a school] |
|
improvement plan; |
|
(2) submitting the updated targeted improvement plan |
|
to the board of trustees of the school district for approval and |
|
presenting the plan in a public hearing as provided by Section |
|
39.106(e-1); |
|
(3) [(2)] obtaining approval of the updated plan from |
|
the commissioner; and |
|
(4) [(3)] executing the plan on approval by the |
|
commissioner. |
|
(b) The campus intervention team shall decide which |
|
educators may be retained at that campus. A principal who has been |
|
employed by the campus in that capacity during the full [two-year] |
|
period described by Subsection (a) may not be retained at that |
|
campus unless the school district determines that retention is |
|
appropriate under Section 39.236. |
|
(b-1) A teacher of a subject assessed by an assessment |
|
instrument under Section 39.023 may be retained only if the campus |
|
intervention team determines that a pattern exists of significant |
|
academic improvement by students taught by the teacher. If an |
|
educator is not retained, the educator may be assigned to another |
|
position in the district. |
|
(b-2) For each year that a campus is considered to have an |
|
accredited-probation status under Section 39.101, a campus |
|
intervention team shall: |
|
(1) assist in updating the targeted improvement plan |
|
to identify and analyze areas of growth and areas that require |
|
improvement; |
|
(2) submit the updated plan to the board of trustees of |
|
the school district; and |
|
(3) assist in submitting the updated plan to the |
|
commissioner for approval. |
|
(c) A campus subject to Subsection (a) shall implement the |
|
updated targeted [school] improvement plan as approved by the |
|
commissioner. The commissioner may appoint a monitor, conservator, |
|
management team, or [a] board of managers to the district to ensure |
|
and oversee district-level support to low-performing campuses and |
|
the implementation of the updated targeted [school] improvement |
|
plan. In making appointments under this subsection, the |
|
commissioner shall consider individuals who have demonstrated |
|
success in managing campuses with student populations similar to |
|
the campus at which the individual appointed will serve. |
|
(d) If [Notwithstanding any other provision of this
|
|
subchapter, if] the commissioner determines that the [a] campus |
|
[subject to Subsection (a)] is not fully implementing the updated |
|
targeted [school] improvement plan or if the students enrolled at |
|
the campus fail to demonstrate substantial improvement in the areas |
|
targeted by the updated plan, the commissioner may order: |
|
(1) repurposing of the campus under this section; |
|
(2) [pursue] alternative management of the campus |
|
under this section; [Section 39.1327] or |
|
(3) [may order] closure of the campus. |
|
(e) [If a campus is considered an academically unacceptable
|
|
campus for the subsequent school year after the campus is
|
|
reconstituted under this section, the commissioner shall review the
|
|
progress of the campus and may order closure of the campus or pursue
|
|
alternative management under Section 39.1327.
|
|
[(f)] If a campus is considered to have |
|
accredited-probation status under Section 39.101 [considered
|
|
academically unacceptable] for three [two] consecutive school |
|
years after the campus is reconstituted under Subsection (a), the |
|
commissioner shall order: |
|
(1) repurposing of the campus under this section; |
|
(2) alternative management of the campus under this |
|
section; or |
|
(3) closure of the campus [or pursue alternative
|
|
management under Section 39.1327]. |
|
(e-1) The commissioner may waive the requirement to enter an |
|
order under Subsection (e) for not more than one school year if the |
|
commissioner determines that, on the basis of significant |
|
improvement in student performance over the preceding two school |
|
years, the campus is likely to be assigned an accredited status for |
|
the following school year. |
|
(f) If the commissioner orders repurposing of a campus, the |
|
school district shall develop a comprehensive plan for repurposing |
|
the campus and submit the plan to the board of trustees for |
|
approval, using the procedures described by Section 39.106(e-1), |
|
and to the commissioner for approval. The plan must include a |
|
description of a rigorous and relevant academic program for the |
|
campus. The plan may include various instructional models. The |
|
commissioner may not approve the repurposing of a campus unless: |
|
(1) all students in the assigned attendance zone of |
|
the campus in the school year immediately preceding the repurposing |
|
of the campus are provided with the opportunity to enroll in and are |
|
provided transportation on request to another campus, unless the |
|
commissioner grants an exception because there is no other campus |
|
in the district in which the students may enroll; |
|
(2) the principal is not retained at the campus; and |
|
(3) at least 75 percent of the teachers employed at the |
|
campus in the school year immediately preceding the repurposing of |
|
the campus are not retained at the campus, unless the commissioner |
|
or the commissioner's designee grants an exception, at the request |
|
of a school district, for: |
|
(A) a teacher who provides instruction in a |
|
subject other than a subject for which an assessment instrument is |
|
administered under Section 39.023(a) or (c) who demonstrates to the |
|
commissioner satisfactory performance; or |
|
(B) a teacher who provides instruction in a |
|
subject for which an assessment instrument is administered under |
|
Section 39.023(a) or (c) if the district demonstrates that the |
|
students of the teacher demonstrated satisfactory performance or |
|
improved academic growth on that assessment instrument. |
|
(g) If an educator is not retained under Subsection (f), the |
|
educator may be assigned to another position in the district. |
|
(h) [Sec.
39.1327.
MANAGEMENT OF CERTAIN ACADEMICALLY
|
|
UNACCEPTABLE CAMPUSES.
(a)
A campus may be subject to this section
|
|
if the campus has been identified as academically unacceptable
|
|
under Section 39.132 and the commissioner orders alternative
|
|
management under Section 39.1324(d), (e), or (f).
|
|
[(b)] The commissioner shall solicit proposals from |
|
qualified [nonprofit] entities to assume management of a campus |
|
subject to this section or may appoint to assume management of a |
|
campus subject to this section a school district other than the |
|
district in which the campus is located that is located in the |
|
boundaries of the same regional education service center as the |
|
campus is located. A district appointed under this section shall |
|
assume management of a campus subject to this section in the same |
|
manner provided by this section for a qualified [nonprofit] entity |
|
or in accordance with commissioner rule. |
|
(i) [(c)] If the commissioner determines that the basis for |
|
identifying a campus as accredited-probation [academically
|
|
unacceptable] is limited to a specific condition that may be |
|
remedied with targeted technical assistance, the commissioner may: |
|
(1) provide the campus a one-year waiver under this |
|
section; and |
|
(2) require the district to contract for the |
|
appropriate technical assistance. |
|
(j) [(d)] The commissioner may annually solicit proposals |
|
under this section for the management of a campus subject to this |
|
section. The commissioner shall notify a qualified [nonprofit] |
|
entity that has been approved as a provider under this section. The |
|
district must execute a contract with an approved provider and |
|
relinquish control of the campus before January 1 of the school |
|
year. |
|
(k) [(e)] To qualify for consideration as a managing entity |
|
under this section, the entity must submit a proposal that provides |
|
information relating to the entity's management and leadership team |
|
that will participate in management of the campus under |
|
consideration, including information relating to individuals that |
|
have: |
|
(1) documented success in whole school interventions |
|
that increased the educational and performance levels of students |
|
in [academically unacceptable] campuses considered to have an |
|
accredited-warned or accredited-probation status under Section |
|
39.101; |
|
(2) a proven record of effectiveness with programs |
|
assisting low-performing students; |
|
(3) a proven ability to apply research-based school |
|
intervention strategies; |
|
(4) a proven record of financial ability to perform |
|
under the management contract; and |
|
(5) any other experience or qualifications the |
|
commissioner determines necessary. |
|
(l) [(f)] In selecting a managing entity under this |
|
section, the commissioner shall give preference to a qualified |
|
[nonprofit] entity that: |
|
(1) meets any qualifications under this section; and |
|
(2) has documented success in educating students from |
|
similar demographic groups and with similar educational needs as |
|
the students who attend the campus that is to be operated by a |
|
managing entity under this section. |
|
(m) [(g)] The school district may negotiate the term of a |
|
management contract for not more than five years with an option to |
|
renew the contract. The management contract must include a |
|
provision describing the district's responsibilities in supporting |
|
the operation of the campus. The commissioner shall approve the |
|
contract before the contract is executed and, as appropriate, may |
|
require the district, as a term of the contract, to support the |
|
campus in the same manner as the district was required to support |
|
the campus before the execution of the management contract. |
|
(n) [(h)] A management contract under this section shall |
|
include provisions approved by the commissioner that require the |
|
managing entity to demonstrate improvement in campus performance, |
|
including negotiated performance measures. The performance |
|
measures must be consistent with the priorities of this chapter. |
|
The commissioner shall evaluate a managing entity's performance on |
|
the first and second anniversaries of the date of the management |
|
contract. If the evaluation fails to demonstrate improvement as |
|
negotiated under the contract by the first anniversary of the date |
|
of the management contract, the district may terminate the |
|
management contract, with the commissioner's consent, for |
|
nonperformance or breach of contract and select another provider |
|
from an approved list provided by the commissioner. If the |
|
evaluation fails to demonstrate significant improvement, as |
|
determined by the commissioner, by the second anniversary of the |
|
date of the management contract, the district shall terminate the |
|
management contract and select another provider from an approved |
|
list provided by the commissioner or resume operation of the campus |
|
if approved by the commissioner. If the commissioner approves the |
|
district's operation of the campus, the commissioner shall assign a |
|
technical assistance team to assist the campus. |
|
(o) [(i)] Notwithstanding any other provision of this code, |
|
the funding for a campus operated by a managing entity must be not |
|
less than the funding of the other campuses in the district on a per |
|
student basis so that the managing entity receives at least the same |
|
funding the campus would otherwise have received. |
|
(p) [(j)] Each campus operated by a managing entity under |
|
this section is subject to this chapter in the same manner as any |
|
other campus in the district. |
|
(q) [(k)] The commissioner may adopt rules necessary to |
|
implement this section. |
|
(r) [(l)] With respect to the management of a campus under |
|
this section: |
|
(1) a managing entity is considered to be a |
|
governmental body for purposes of Chapters 551 and 552, Government |
|
Code; and |
|
(2) any requirement in Chapter 551 or 552, Government |
|
Code, that applies to a school district or the board of trustees of |
|
a school district applies to a managing entity. |
|
Sec. 39.108 [39.133]. ANNUAL REVIEW. The commissioner |
|
shall review annually the performance of a district or campus |
|
subject to this subchapter to determine the appropriate actions to |
|
be implemented under this subchapter. The commissioner must review |
|
at least annually the performance of a district for which the |
|
accreditation status under Subchapter C [rating] has been lowered |
|
due to insufficient [unacceptable] student performance and may not |
|
raise the accreditation status under Subchapter C [rating] until |
|
the district has demonstrated improved student performance. If the |
|
review reveals a lack of improvement, the commissioner shall |
|
increase the level of state intervention and sanction unless the |
|
commissioner finds good cause for maintaining the current status. |
|
Sec. 39.109 [39.1331]. ACQUISITION OF PROFESSIONAL |
|
SERVICES. In addition to other interventions and sanctions |
|
authorized under this subchapter [Sections 39.131 and 39.132], the |
|
commissioner may order a school district or campus to acquire |
|
professional services at the expense of the district or campus to |
|
address the applicable financial, assessment, data quality, |
|
program, performance, or governance deficiency. The |
|
commissioner's order may require the district or campus to: |
|
(1) select or be assigned an external auditor, data |
|
quality expert, professional authorized to monitor district |
|
assessment instrument administration, or curriculum or program |
|
expert; or |
|
(2) provide for or participate in the appropriate |
|
training of district staff or board of trustees members in the case |
|
of a district, or campus staff, in the case of a campus. |
|
Sec. 39.110 [39.134]. COSTS PAID BY DISTRICT. The costs of |
|
providing a monitor, conservator, management team, campus |
|
intervention team, technical assistance team, managing entity, or |
|
service provider under this subchapter [Section 39.1327, or service
|
|
provider under Section 39.1331] shall be paid by the district. If |
|
the district fails or refuses to pay the costs in a timely manner, |
|
the commissioner may: |
|
(1) pay the costs using amounts withheld from any |
|
funds to which the district is otherwise entitled; or |
|
(2) recover the amount of the costs in the manner |
|
provided for recovery of an overallocation of state funds under |
|
Section 42.258. |
|
Sec. 39.111 [39.135]. CONSERVATOR OR MANAGEMENT TEAM. (a) |
|
The commissioner shall clearly define the powers and duties of a |
|
conservator or management team appointed to oversee the operations |
|
of the district. |
|
(b) At least every 90 days, the commissioner shall review |
|
the need for the conservator or management team and shall remove the |
|
conservator or management team unless the commissioner determines |
|
that continued appointment is necessary for effective governance of |
|
the district or delivery of instructional services. |
|
(c) A conservator or management team, if directed by the |
|
commissioner, shall prepare a plan for the implementation of action |
|
under Section 39.102(a)(9) [39.131(a)(9)] or (10). The conservator |
|
or management team: |
|
(1) may direct an action to be taken by the principal |
|
of a campus, the superintendent of the district, or the board of |
|
trustees of the district; |
|
(2) may approve or disapprove any action of the |
|
principal of a campus, the superintendent of the district, or the |
|
board of trustees of the district; |
|
(3) may not take any action concerning a district |
|
election, including ordering or canceling an election or altering |
|
the date of or the polling places for an election; |
|
(4) may not change the number of or method of selecting |
|
the board of trustees; |
|
(5) may not set a tax rate for the district; and |
|
(6) may not adopt a budget for the district that |
|
provides for spending a different amount, exclusive of required |
|
debt service, from that previously adopted by the board of |
|
trustees. |
|
Sec. 39.112 [39.136]. BOARD OF MANAGERS. (a) A board of |
|
managers may exercise all of the powers and duties assigned to a |
|
board of trustees of a school district by law, rule, or regulation. |
|
This subchapter applies to a district governed by a board of |
|
managers in the same manner that this subchapter applies to any |
|
other district. |
|
(b) If the commissioner appoints a board of managers to |
|
govern a district, the powers of the board of trustees of the |
|
district are suspended for the period of the appointment and the |
|
commissioner shall appoint a district superintendent. |
|
Notwithstanding any other provision of this code, the board of |
|
managers may amend the budget of the district. |
|
(c) If the commissioner appoints a board of managers to |
|
govern a campus, the powers of the board of trustees of the district |
|
in relation to the campus are suspended for the period of the |
|
appointment and the commissioner shall appoint a campus principal. |
|
Notwithstanding any other provision of this code, the board of |
|
managers may submit to the commissioner for approval amendments to |
|
the budget of the district for the benefit of the campus. If the |
|
commissioner approves the amendments, the board of trustees of the |
|
district shall adopt the amendments. |
|
(d) A conservator or a member of a management team appointed |
|
to serve on a board of managers may continue to be compensated as |
|
determined by the commissioner. |
|
(e) At the direction of the commissioner but not later than |
|
the second anniversary of the date the board of managers of a |
|
district was appointed, the board of managers shall order an |
|
election of members of the district board of trustees. The election |
|
must be held on a uniform election date on which an election of |
|
district trustees may be held under Section 41.001, Election Code, |
|
that is at least 180 days after the date the election was ordered. |
|
On qualification of members for office, the board of trustees |
|
assumes all of the powers and duties assigned to a board of trustees |
|
by law, rule, or regulation. |
|
Sec. 39.113 [39.137]. [SPECIAL] CAMPUS INTERVENTION TEAM. |
|
A [special] campus intervention team appointed under this |
|
subchapter may consist of teachers, principals, other educational |
|
professionals, and superintendents recognized for excellence in |
|
their roles and appointed by the commissioner to serve as members of |
|
a team. |
|
Sec. 39.114 [39.138]. IMMUNITY FROM CIVIL LIABILITY. An |
|
employee, volunteer, or contractor acting on behalf of the |
|
commissioner under this subchapter is immune from civil liability |
|
to the same extent as a professional employee of a school district |
|
under Section 22.051. |
|
Sec. 39.115. CAMPUS NAME CHANGE PROHIBITED. In |
|
reconstituting, repurposing, or imposing any other intervention or |
|
sanction on a campus under this subchapter, other than closure, the |
|
commissioner may not require that the name of the campus be changed. |
|
Sec. 39.116. TRANSITIONAL INTERVENTIONS AND SANCTIONS. (a) |
|
The commissioner by rule shall adopt transition procedures for |
|
implementing interventions and sanctions as established under |
|
__.B. No. 3, Acts of the 81st Legislature, Regular Session, 2009, |
|
including a provision providing for a school year in which school |
|
districts and campuses are required only to report information as |
|
required by this chapter. |
|
(b) The commissioner must include a provision in the |
|
procedures adopted under Subsection (a): |
|
(1) except as provided by Subdivision (2), prohibiting |
|
the implementation of interventions and sanctions based on district |
|
and campus performance for the school year in which school |
|
districts and campuses are required only to report information; and |
|
(2) permitting an increase in intervention or sanction |
|
measures on a district or campus based on district and campus |
|
performance for the school year in which school districts and |
|
campuses are required only to report information only if the |
|
district or campus fails to make improvement in student |
|
achievement. |
|
(c) This subsection expires September 1, 2015. |
|
SUBCHAPTER F [K]. PROCEDURES FOR CHALLENGE OF ACCREDITATION |
|
STATUS, ACCOUNTABILITY DETERMINATION, INTERVENTION, [RATING] OR |
|
SANCTION |
|
Sec. 39.151 [39.301]. REVIEW BY COMMISSIONER: |
|
ACCREDITATION STATUS OR ACCOUNTABILITY DETERMINATION [RATINGS]. |
|
(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. |
|
(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 or financial |
|
accountability rating. The commissioner may not appoint an agency |
|
employee as a member of the committee. |
|
(c) The commissioner may limit a challenge under this |
|
section to a written submission of any issue identified by the |
|
school district or open-enrollment charter school challenging the |
|
agency decision. |
|
(d) The commissioner shall make a final decision under this |
|
section after considering the recommendation of the committee |
|
described by Subsection (b). The commissioner's decision may not |
|
be appealed under Section 7.057 or other law. |
|
(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 in another |
|
proceeding if the district or school has had an opportunity to |
|
challenge the decision under this section. |
|
Sec. 39.152 [39.302]. REVIEW BY STATE OFFICE OF |
|
ADMINISTRATIVE HEARINGS: SANCTIONS. (a) A school district or |
|
open-enrollment charter school that intends to challenge a decision |
|
by the commissioner under this chapter to close the district or a |
|
district campus or the charter school or to pursue alternative |
|
management of a district campus or the charter school must appeal |
|
the decision under the procedures provided for a contested case |
|
under Chapter 2001, Government Code. |
|
(b) A challenge to a decision under this section is under |
|
the substantial evidence rule as provided by Subchapter G, Chapter |
|
2001, Government Code. |
|
(c) Notwithstanding other law: |
|
(1) the State Office of Administrative Hearings shall |
|
provide an expedited review of a challenge under this section; |
|
(2) the administrative law judge shall issue a final |
|
order not later than the 30th day after the date on which the |
|
hearing is finally closed; and |
|
(3) the decision of the administrative law judge is |
|
final and may not be appealed. |
|
SUBCHAPTER G. DISTINCTION DESIGNATIONS |
|
Sec. 39.201. CAMPUS DISTINCTION DESIGNATIONS. (a) Not |
|
later than August 8 of each year, the commissioner shall award |
|
distinction designations under this subchapter. A campus may not |
|
be awarded a distinction designation under this subchapter unless |
|
the campus has acceptable performance under Section 39.054. |
|
(b) The commissioner shall award a campus a distinction |
|
designation if the campus is ranked in the top 25 percent of |
|
campuses in the state in annual improvement in student achievement |
|
as determined under Section 39.034. |
|
(c) In addition to the distinction designation described by |
|
Subsection (b), the commissioner shall award a campus a distinction |
|
designation if the campus demonstrates an ability to significantly |
|
diminish or eliminate performance differentials between student |
|
subpopulations. The commissioner shall adopt rules related to the |
|
distinction designation under this subsection to ensure that a |
|
campus does not artificially diminish or eliminate performance |
|
differentials through inhibiting the achievement of the highest |
|
achieving student subpopulation. |
|
(d) In addition to the distinction designations described |
|
by Subsections (b) and (c), a campus that satisfies the criteria |
|
developed under Section 39.202 shall be awarded a distinction |
|
designation by the commissioner for the following programs or the |
|
following specific categories of performance: |
|
(1) academic achievement in English language arts, |
|
mathematics, science, or social studies; |
|
(2) fine arts; |
|
(3) physical education; |
|
(4) 21st Century Workforce Development program; and |
|
(5) second language acquisition program. |
|
Sec. 39.202. CAMPUS DISTINCTION DESIGNATION CRITERIA; |
|
COMMITTEES. (a) The commissioner by rule shall establish: |
|
(1) standards for considering campuses for |
|
distinction designations under Section 39.201(d); and |
|
(2) methods for awarding distinction designations to |
|
campuses. |
|
(b) In adopting rules under this section, the commissioner |
|
shall establish a separate committee to develop criteria for each |
|
distinction designation under Section 39.201(d). |
|
(c) Each committee established under this section must |
|
include: |
|
(1) individuals who practice as professionals in the |
|
content area relevant to the distinction designation, as |
|
applicable; |
|
(2) individuals with subject matter expertise in the |
|
content area relevant to the distinction designation; |
|
(3) educators with subject matter expertise in the |
|
content area relevant to the distinction designation; and |
|
(4) community leaders, including leaders from the |
|
business community. |
|
(d) For each committee, the governor, lieutenant governor, |
|
and speaker of the house of representatives may each appoint a |
|
person described by each subdivision of Subsection (c). |
|
(e) In developing criteria for distinction designations |
|
under this section, each committee shall: |
|
(1) identify a variety of indicators for measuring |
|
excellence; and |
|
(2) consider categories for distinction designations, |
|
with criteria relevant to each category, based on: |
|
(A) the level of a program, whether elementary |
|
school, middle or junior high school, or high school; and |
|
(B) the student enrollment of a campus. |
|
SUBCHAPTER H [F]. ADDITIONAL REWARDS |
|
Sec. 39.231 [39.111]. RECOGNITION AND REWARDS. The |
|
commissioner [State Board of Education] shall develop a plan for |
|
recognizing and rewarding school [districts and] campuses that |
|
receive a distinction designation under Subchapter G and develop |
|
[are rated as exemplary or recognized and for developing] a network |
|
for sharing proven successful practices statewide and regionally. |
|
The reward may be used to provide educators with summer stipends to |
|
develop curricula based on the cited successful strategies. The |
|
educators may copyright the curricula they develop. |
|
Sec. 39.232 [39.112]. DISTINCTION [EXCELLENCE] EXEMPTIONS. |
|
(a) Except as provided by Subsection (b), a school campus [or
|
|
district] that holds a distinction designation under Section |
|
39.201(b) or (d)(1) [is rated exemplary] is exempt from |
|
requirements and prohibitions imposed under this code including |
|
rules adopted under this code. |
|
(b) A school campus [or district] is not exempt under this |
|
section from: |
|
(1) a prohibition on conduct that constitutes a |
|
criminal offense; |
|
(2) requirements imposed by federal law or rule, |
|
including requirements for special education or bilingual |
|
education programs; or |
|
(3) a requirement, restriction, or prohibition |
|
relating to: |
|
(A) curriculum essential knowledge and skills |
|
under Section 28.002 or high school [minimum] graduation |
|
requirements under Section 28.025; |
|
(B) public school accountability as provided by |
|
Subchapters B, C, D, E, and J [G]; |
|
(C) extracurricular activities under Section |
|
33.081; |
|
(D) health and safety under Chapter 38; |
|
(E) purchasing [competitive bidding] under |
|
Subchapter B, Chapter 44; |
|
(F) elementary school class size limits, except |
|
as provided by Subsection (d) or Section 25.112; |
|
(G) removal of a disruptive student from the |
|
classroom under Subchapter A, Chapter 37; |
|
(H) at risk programs under Subchapter C, Chapter |
|
29; |
|
(I) prekindergarten programs under Subchapter E, |
|
Chapter 29; |
|
(J) rights and benefits of school employees; |
|
(K) special education programs under Subchapter |
|
A, Chapter 29; or |
|
(L) bilingual education programs under |
|
Subchapter B, Chapter 29. |
|
(c) The agency shall monitor and evaluate deregulation of a |
|
school campus [or district] under this section and Section 7.056. |
|
(d) The commissioner may exempt a [an exemplary] school |
|
campus that receives a distinction designation under Section |
|
39.201(b) or (d)(1) from elementary class size limits under this |
|
section if the school campus submits to the commissioner a written |
|
plan showing steps that will be taken to ensure that the exemption |
|
from the class size limits will not be harmful to the academic |
|
achievement of the students on the school campus. The commissioner |
|
shall review achievement levels annually. The exemption remains in |
|
effect until the commissioner determines that achievement levels of |
|
the campus have declined. |
|
Sec. 39.233 [39.113]. RECOGNITION OF HIGH SCHOOL |
|
COMPLETION AND SUCCESS AND COLLEGE READINESS PROGRAMS. (a) The |
|
agency shall: |
|
(1) develop standards for evaluating the success and |
|
cost-effectiveness of high school completion and success and |
|
college readiness programs implemented under Section 39.234 |
|
[39.114]; |
|
(2) provide guidance for school districts and campuses |
|
in establishing and improving high school completion and success |
|
and college readiness programs implemented under Section 39.234 |
|
[39.114]; and |
|
(3) develop standards for selecting and methods for |
|
recognizing school districts and campuses that offer exceptional |
|
high school completion and success and college readiness programs |
|
under Section 39.234 [39.114]. |
|
(b) The commissioner may adopt rules for the administration |
|
of this section. |
|
Sec. 39.234 [39.114]. HIGH SCHOOL ALLOTMENT. (a) Except |
|
as provided by Subsection (b), a school district or campus must use |
|
funds allocated under Section 42.2516(b)(3) to: |
|
(1) implement or administer a college readiness |
|
program that provides academic support and instruction to prepare |
|
underachieving students for entrance into an institution of higher |
|
education; |
|
(2) implement or administer a program that encourages |
|
students to pursue advanced academic opportunities, including |
|
early college high school programs and dual credit, advanced |
|
placement, and international baccalaureate courses; |
|
(3) implement or administer a program that provides |
|
opportunities for students to take academically rigorous course |
|
work, including four years of mathematics and four years of science |
|
at the high school level; |
|
(4) implement or administer a program, including |
|
online course support and professional development, that aligns the |
|
curriculum for grades six through 12 with postsecondary curriculum |
|
and expectations; or |
|
(5) implement or administer other high school |
|
completion and success initiatives in grades six through 12 |
|
approved by the commissioner. |
|
(b) A school district may use funds allocated under Section |
|
42.2516(b)(3) on any instructional program in grades six through 12 |
|
other than an athletic program if: |
|
(1) the district's measure of progress toward college |
|
readiness is determined exceptional by a standard set [district is
|
|
recognized as exceptional] by the commissioner [under the academic
|
|
accountability indicator adopted under Section 39.051(b)(13)]; and |
|
(2) the district's completion rates for grades nine |
|
through 12 [meet or] exceed completion rate standards required by |
|
the commissioner to achieve a status of accredited under Section |
|
39.051 [rating of exemplary under Section 39.072]. |
|
(b-1) Subsection (b) applies beginning with the 2008-2009 |
|
school year. This subsection expires September 1, 2009. |
|
(c) An open-enrollment charter school is entitled to an |
|
allotment under this section in the same manner as a school |
|
district. |
|
(d) The commissioner shall adopt rules to administer this |
|
section, including rules related to the permissible use of funds |
|
allocated under this section to an open-enrollment charter school. |
|
Sec. 39.235 [39.115]. HIGH SCHOOL INNOVATION GRANT |
|
INITIATIVE. (a) From funds appropriated for that purpose, the |
|
commissioner may establish a grant program under which grants are |
|
awarded to secondary campuses and school districts to support: |
|
(1) the implementation of innovative high school |
|
improvement programs that are based on the best available research |
|
regarding high school reform, dropout prevention, and preparing |
|
students for postsecondary coursework or employment; |
|
(2) enhancing education practices that have been |
|
demonstrated by significant evidence of effectiveness; and |
|
(3) the alignment of grants and programs to the |
|
strategic plan adopted under Section 39.407 [39.357]. |
|
(b) Before awarding a grant under this section, the |
|
commissioner may require a campus or school district to: |
|
(1) obtain local matching funds; or |
|
(2) meet other conditions, including developing a |
|
personal graduation plan under Section 28.0212 for each student |
|
enrolled at the campus or in a district high school. |
|
(c) The commissioner may: |
|
(1) accept gifts, grants, or donations from a private |
|
foundation to implement a grant program under this section; and |
|
(2) coordinate gifts, grants, or donations with other |
|
available funding to implement a grant program under this section. |
|
(d) The commissioner may use funds appropriated under this |
|
section to support technical assistance services for school |
|
districts and open-enrollment charter schools to implement a high |
|
school improvement program under this section. |
|
Sec. 39.236 [39.116]. INITIATIVE FOR RETAINING QUALITY |
|
EDUCATORS. Notwithstanding Section 39.107(b) [39.1324(b)], a |
|
school district, to assist in preventing dropouts and disruptions |
|
that may result from certain mandatory sanctions, may retain at a |
|
campus a principal who has been employed at the campus as a |
|
principal during the [two-year] period described by Section |
|
39.107(a) [39.1324(a)] if the students enrolled at the campus have |
|
demonstrated a pattern of significant academic improvement. |
|
Sec. 39.237. GIFTED AND TALENTED STANDARDS. The |
|
commissioner shall adopt standards to evaluate school district |
|
programs for gifted and talented students to determine whether a |
|
district operates a program for gifted and talented students in |
|
accordance with: |
|
(1) the Texas Performance Standards Project; or |
|
(2) another program approved by the commissioner that |
|
meets the requirements of the state plan for the education of gifted |
|
and talented students under Section 29.123. |
|
SUBCHAPTER I [E]. SUCCESSFUL SCHOOL AWARDS |
|
Sec. 39.261 [39.091]. CREATION OF SYSTEM. The Texas |
|
Successful Schools Awards System is created to recognize and reward |
|
those schools and school districts that demonstrate progress or |
|
success in achieving the education goals of the state. |
|
Sec. 39.262 [39.092]. TYPES OF AWARDS. (a) The governor |
|
may present a financial award to the schools or districts that the |
|
commissioner determines have demonstrated the highest levels of |
|
sustained success or the greatest improvement in achieving the |
|
education goals. For each student in average daily attendance, |
|
each of those schools or districts is entitled to an amount set for |
|
the award for which the school or district is selected by the |
|
commissioner, subject to any limitation set by the commissioner on |
|
the total amount that may be awarded to a school or district. |
|
(b) The governor may present proclamations or certificates |
|
to additional schools and districts determined to have met or |
|
exceeded the education goals. |
|
(c) The commissioner may establish additional categories of |
|
awards and award amounts for a school or district determined to be |
|
successful under Subsection (a) or (b) that are contingent on the |
|
school's or district's involvement with paired, lower-performing |
|
schools. |
|
Sec. 39.263 [39.093]. AWARDS. (a) The criteria that the |
|
commissioner shall use to select successful schools and districts |
|
must be related to the goals in Section 4.002 and must include: |
|
(1) for districts and campuses, consideration of |
|
performance on the student achievement [academic excellence] |
|
indicators adopted under Section 39.053(c); and |
|
(2) for campuses, consideration of the distinction |
|
designation criteria prescribed by or developed under Subchapter G |
|
[39.051]. |
|
(b) For purposes of selecting schools and districts under |
|
Section 39.262(a) [39.092(a)], each school's performance shall be |
|
compared to state standards and to its previous performance. |
|
(c) [(b)] The commissioner shall select annually schools |
|
and districts qualified to receive successful school awards for |
|
their performance and report the selections to the governor and the |
|
State Board of Education. |
|
(d) [(c)] The agency shall notify each school district of |
|
the manner in which the district or a school in the district may |
|
qualify for a successful school award. |
|
Sec. 39.264 [39.094]. USE OF AWARDS. (a) In determining |
|
the use of a monetary award received under this subchapter, a school |
|
or district shall give priority to academic enhancement purposes. |
|
The award may not be used for any purpose related to athletics, and |
|
it may not be used to substitute for or replace funds already in the |
|
regular budget for a school or district. |
|
(b) The campus-level committee established under Section |
|
11.253 shall determine the use of the funds awarded to a school |
|
under this subchapter. The professional staff of the district |
|
shall determine the use of the funds awarded to the school district |
|
under this subchapter. |
|
Sec. 39.265 [39.095]. FUNDING. The award system may be |
|
funded by donations, grants, or legislative appropriations. The |
|
commissioner may solicit and receive grants and donations for the |
|
purpose of making awards under this subchapter. A small portion of |
|
the award funds may be used by the commissioner to pay for the costs |
|
associated with sponsoring a ceremony to recognize or present |
|
awards to schools or districts under this subchapter. The |
|
donations, grants, or legislative appropriations shall be |
|
accounted for and distributed by the agency. The awards are subject |
|
to audit requirements established by the State Board of Education. |
|
Sec. 39.266 [39.096]. CONFIDENTIALITY. All information |
|
and reports received by the commissioner under this subchapter from |
|
schools or school districts deemed confidential under Chapter 552, |
|
Government Code, are confidential and may not be disclosed in any |
|
public or private proceeding. |
|
SUBCHAPTER J. PARENT AND EDUCATOR REPORTS |
|
Sec. 39.301. ADDITIONAL PERFORMANCE INDICATORS: REPORTING. |
|
(a) In addition to the indicators adopted under Section 39.053, the |
|
commissioner shall adopt indicators of the quality of learning on a |
|
campus for the purpose of preparing reports under this chapter. The |
|
commissioner biennially shall review the indicators for the |
|
consideration of appropriate revisions. |
|
(b) Indicators for reporting purposes must include: |
|
(1) the percentage of graduating students who meet the |
|
course requirements established for the recommended high school |
|
program by State Board of Education rule; |
|
(2) the results of the Scholastic Assessment Test |
|
(SAT), the American College Test (ACT), articulated postsecondary |
|
degree programs described by Section 61.852, and certified |
|
workforce training programs described by Chapter 311, Labor Code; |
|
(3) for students who have failed to perform |
|
satisfactorily, as determined under each performance standard |
|
under Section 39.0241, on an assessment instrument required under |
|
Section 39.023(a) or (c), the numerical progress of those students |
|
grouped by percentage on subsequent assessment instruments |
|
required under those sections, aggregated across grade levels by |
|
subject area; |
|
(4) the percentage of students, aggregated across |
|
grade levels, provided accelerated instruction under Section |
|
28.0211(c), the results of assessment instruments administered |
|
under that section, the percentage of students promoted through the |
|
grade placement committee process under Section 28.0211, the |
|
subject of the assessment instrument on which each student failed |
|
to perform satisfactorily, and the performance of those students in |
|
the school year following that promotion on the assessment |
|
instruments required under Section 39.023; |
|
(5) the percentage of students of limited English |
|
proficiency exempted from the administration of an assessment |
|
instrument under Sections 39.027(a)(3), (4), and (5); |
|
(6) the percentage of students in a special education |
|
program under Subchapter A, Chapter 29, assessed through assessment |
|
instruments developed or adopted under Section 39.023(b); |
|
(7) the measure of progress toward college readiness; |
|
(8) the measure of progress toward dual language |
|
proficiency under Section 39.034(b), for students of limited |
|
English proficiency, as defined by Section 29.052; |
|
(9) the percentage of students who are not |
|
educationally disadvantaged; and |
|
(10) the percentage of students who enroll and begin |
|
instruction at an institution of higher education in the school |
|
year following graduation. |
|
(c) Performance on the indicators described by Section |
|
39.053(c) and Subsections (b)(3), (4), and (8) must be based on |
|
longitudinal student data that is disaggregated by the bilingual |
|
education or special language program, if any, in which students of |
|
limited English proficiency, as defined by Section 29.052, are or |
|
former students of limited English proficiency were enrolled. If a |
|
student described by this subsection is not or was not enrolled in |
|
specialized language instruction, the number and percentage of |
|
those students shall be provided. |
|
(d) Section 39.055 applies in evaluating indicators |
|
described by Subsection (b). |
|
Sec. 39.302. REPORT TO DISTRICT: COMPARISONS FOR ANNUAL |
|
PERFORMANCE ASSESSMENT. (a) The agency shall report to each school |
|
district the comparisons of student performance made under Section |
|
39.034. |
|
(b) To the extent practicable, the agency shall combine the |
|
report of comparisons with the report of the student's performance |
|
on assessment instruments under Section 39.023. |
|
Sec. 39.303. REPORT TO PARENTS. (a) The school district a |
|
student attends shall provide a record of the comparisons made |
|
under Section 39.034 and provided to the district under Section |
|
39.302 in a written notice to the student's parent or other person |
|
standing in parental relationship. |
|
(b) For a student who failed to perform satisfactorily as |
|
determined under either performance standard under Section 39.0241 |
|
on an assessment instrument administered under Section 39.023(a), |
|
(c), or (l), the school district shall include in the notice |
|
specific information relating to access to online educational |
|
resources at the appropriate assessment instrument content level, |
|
including educational resources described by Section 32.252(b)(2) |
|
and assessment instruments questions and answers released under |
|
Section 39.023(e). |
|
Sec. 39.304. TEACHER REPORT CARD. Each school district |
|
shall prepare a report of the comparisons made under Section 39.034 |
|
and provided to the district under 39.302 and provide the report to |
|
each teacher for all students who: |
|
(1) were assessed on an assessment instrument under |
|
Section 39.023; and |
|
(2) were provided instruction by that teacher in the |
|
subject for which the assessment instrument was administered under |
|
Section 39.023. |
|
Sec. 39.305 [39.052]. CAMPUS REPORT CARD. (a) The agency |
|
shall report the performance of each campus in a school district on |
|
the basis of the campus's performance on the indicators described |
|
by Section 39.053(c). |
|
(b) Each school year, the agency shall prepare and |
|
distribute to each school district a report card for each campus. |
|
The campus report cards must be based on the most current data |
|
available disaggregated by student groups. Campus performance must |
|
be compared to previous campus and district performance, current |
|
district performance, and state established standards[, and
|
|
comparable campus group performance]. |
|
(c) [(b)] The report card shall include the following |
|
information: |
|
(1) where applicable, the student achievement |
|
indicators described by Section 39.053(c) and the reporting |
|
indicators described by Sections 39.301(b)(1) through (4) and (10) |
|
[academic excellence indicators adopted under Sections
|
|
39.051(b)(1) through (10)]; |
|
(2) average class size by grade level and subject; |
|
(3) the administrative and instructional costs per |
|
student, computed in a manner consistent with Section 44.0071; and |
|
(4) the district's instructional expenditures ratio |
|
and instructional employees ratio computed under Section 44.0071, |
|
and the statewide average of those ratios, as determined by the |
|
commissioner. |
|
(d) [(c)] The commissioner shall adopt rules requiring |
|
dissemination of the information required under Subsection (c)(4) |
|
[(b)(4)] and appropriate class size and student performance |
|
portions of campus report cards annually to the parent, guardian, |
|
conservator, or other person having lawful control of each student |
|
at the campus. On written request, the school district shall |
|
provide a copy of a campus report card to any other party. |
|
Sec. 39.306 [39.053]. PERFORMANCE REPORT. (a) Each board |
|
of trustees shall publish an annual report describing the |
|
educational performance of the district and of each campus in the |
|
district that includes uniform student performance and descriptive |
|
information as determined under rules adopted by the commissioner. |
|
The annual report must also include: |
|
(1) campus performance objectives established under |
|
Section 11.253 and the progress of each campus toward those |
|
objectives, which shall be available to the public; |
|
(2) information indicating the district's |
|
accreditation status and identifying each district campus awarded a |
|
distinction designation under Subchapter G or considered an |
|
accredited-warned or accredited-probation campus under Subchapter |
|
E [the performance rating for the district as provided under
|
|
Section 39.072(a) and the performance rating of each campus in the
|
|
district as provided under Section 39.072(c)]; |
|
(3) the district's current special education |
|
compliance status with the agency; |
|
(4) a statement of the number, rate, and type of |
|
violent or criminal incidents that occurred on each district |
|
campus, to the extent permitted under the Family Educational Rights |
|
and Privacy Act of 1974 (20 U.S.C. Section 1232g); |
|
(5) information concerning school violence prevention |
|
and violence intervention policies and procedures that the district |
|
is using to protect students; [and] |
|
(6) the findings that result from evaluations |
|
conducted under the Safe and Drug-Free Schools and Communities Act |
|
of 1994 (20 U.S.C. Section 7101 et seq.) [and its subsequent
|
|
amendments]; and |
|
(7) information received under Section 51.403(e) for |
|
each high school campus in the district, presented in a form |
|
determined by the commissioner. |
|
(b) Supplemental information to be included in the reports |
|
shall be determined by the board of trustees. Performance |
|
information in the annual reports on the indicators described by |
|
Sections 39.053 and 39.301 [established under Section 39.051] and |
|
descriptive information required by this section shall be provided |
|
by the agency. |
|
(c) The board of trustees shall hold a hearing for public |
|
discussion of the report. The board of trustees shall give notice |
|
of the hearing to property owners in the district and parents of and |
|
other persons standing in parental relation to [, guardians,
|
|
conservators, and other persons having lawful control of] a |
|
district student. The notification must include notice to a |
|
newspaper of general circulation in the district and notice to |
|
electronic media serving the district. After the hearing the |
|
report shall be widely disseminated within the district in a manner |
|
to be determined under rules adopted by the commissioner. |
|
(d) The report must also include a comparison provided by |
|
the agency of: |
|
(1) the performance of each campus to its previous |
|
performance and to state-established standards; and |
|
(2) the performance of each district to its previous |
|
performance and to state-established standards[; and
|
|
[(3)
the performance of each campus or district to
|
|
comparable improvement]. |
|
(e) The report may include the following information: |
|
(1) student information, including total enrollment, |
|
enrollment by ethnicity, socioeconomic status, and grade groupings |
|
and retention rates; |
|
(2) financial information, including revenues and |
|
expenditures; |
|
(3) staff information, including number and type of |
|
staff by sex [gender], ethnicity, years of experience, and highest |
|
degree held, teacher and administrator salaries, and teacher |
|
turnover; |
|
(4) program information, including student enrollment |
|
by program, teachers by program, and instructional operating |
|
expenditures by program; and |
|
(5) the number of students placed in a disciplinary |
|
alternative education program under Chapter 37. |
|
(f) The commissioner [State Board of Education] by rule |
|
shall authorize the combination of this report with other reports |
|
and financial statements and shall restrict the number and length |
|
of reports that school districts, school district employees, and |
|
school campuses are required to prepare. |
|
(g) The report must include a statement of the amount, if |
|
any, of the school district's unencumbered surplus fund balance as |
|
of the last day of the preceding fiscal year and the percentage of |
|
the preceding year's budget that the surplus represents. |
|
Sec. 39.307 [39.054]. USES OF PERFORMANCE REPORT. The |
|
information required to be reported under Section 39.306 [39.053] |
|
shall be: |
|
(1) the subject of public hearings or meetings |
|
required under Sections 11.252, 11.253, and 39.306 [39.053]; |
|
(2) a primary consideration in school district and |
|
campus planning; and |
|
(3) a primary consideration of: |
|
(A) the State Board of Education in the |
|
evaluation of the performance of the commissioner; |
|
(B) the commissioner in the evaluation of the |
|
performance of the directors of the regional education service |
|
centers; |
|
(C) the board of trustees of a school district in |
|
the evaluation of the performance of the superintendent of the |
|
district; and |
|
(D) the superintendent in the evaluation of the |
|
performance of the district's campus principals. |
|
Sec. 39.308 [39.055]. ANNUAL AUDIT OF DROPOUT RECORDS; |
|
REPORT. (a) The commissioner shall develop a process for auditing |
|
school district dropout records electronically. The commissioner |
|
shall also develop a system and standards for review of the audit or |
|
use systems already available at the agency. The system must be |
|
designed to identify districts that are at high risk of having |
|
inaccurate dropout records and that, as a result, require on-site |
|
monitoring of dropout records. |
|
(b) If the electronic audit of a school district's dropout |
|
records indicates that a district is not at high risk of having |
|
inaccurate dropout records, the district may not be subject to |
|
on-site monitoring under this subsection. |
|
(c) If the risk-based system indicates that a school |
|
district is at high risk of having inaccurate dropout records, the |
|
district is entitled to an opportunity to respond to the |
|
commissioner's determination before on-site monitoring may be |
|
conducted. The district must respond not later than the 30th day |
|
after the date the commissioner notifies the district of the |
|
commissioner's determination. If the district's response does not |
|
change the commissioner's determination that the district is at |
|
high risk of having inaccurate dropout records or if the district |
|
does not respond in a timely manner, the commissioner shall order |
|
agency staff to conduct on-site monitoring of the district's |
|
dropout records. |
|
(d) [(e)] The commissioner shall notify the board of |
|
trustees of a school district of any objection the commissioner has |
|
to the district's dropout data, any violation of sound accounting |
|
practices or of a law or rule revealed by the data, or any |
|
recommendation by the commissioner concerning the data. If the data |
|
reflect that a penal law has been violated, the commissioner shall |
|
notify the county attorney, district attorney, or criminal district |
|
attorney, as appropriate, and the attorney general. |
|
(e) The commissioner is entitled to access to all district |
|
records the commissioner considers necessary or appropriate for the |
|
review, analysis, or approval of district dropout data. |
|
SUBCHAPTER K [H]. REPORTS BY TEXAS EDUCATION AGENCY |
|
Sec. 39.331 [39.181]. GENERAL REQUIREMENTS. (a) Each |
|
report required by this subchapter must: |
|
(1) unless otherwise specified, contain summary |
|
information and analysis only, with an indication that the agency |
|
will provide the data underlying the report on request; |
|
(2) specify a person at the agency who may be contacted |
|
for additional information regarding the report and provide the |
|
person's telephone number; and |
|
(3) identify other sources of related information, |
|
indicating the level of detail and format of information that may be |
|
obtained, including the availability of any information on the |
|
Texas Education Network. |
|
(b) Each component of a report required by this subchapter |
|
must: |
|
(1) identify the substantive goal underlying the |
|
information required to be reported; |
|
(2) analyze the progress made and longitudinal trends |
|
in achieving the underlying substantive goal; |
|
(3) offer recommendations for improved progress in |
|
achieving the underlying substantive goal; and |
|
(4) identify the relationship of the information |
|
required to be reported to state education goals. |
|
(c) Unless otherwise provided, each report required by this |
|
subchapter is due not later than December 1 of each even-numbered |
|
year. |
|
(d) Subsections (a) and (b) apply to any report required by |
|
statute that the agency or the State Board of Education must prepare |
|
and deliver to the governor, lieutenant governor, speaker of the |
|
house of representatives, or legislature. |
|
(e) Unless otherwise provided by law, any report required by |
|
statute that the agency or the State Board of Education must prepare |
|
and deliver to the governor, lieutenant governor, speaker of the |
|
house of representatives, or legislature may be combined, at the |
|
discretion of the commissioner, with a report required by this |
|
subchapter. |
|
Sec. 39.332 [39.182]. COMPREHENSIVE ANNUAL REPORT. (a) |
|
Not later than December 1 of each year, the agency shall prepare and |
|
deliver to the governor, the lieutenant governor, the speaker of |
|
the house of representatives, each member of the legislature, the |
|
Legislative Budget Board, and the clerks of the standing committees |
|
of the senate and house of representatives with primary |
|
jurisdiction over the public school system a comprehensive report |
|
covering the preceding school year and containing the information |
|
described by Subsection (b). |
|
(b) [:] (1) The report must contain an evaluation of the |
|
achievements of the state educational program in relation to the |
|
statutory goals for the public education system under Section |
|
4.002.[;] |
|
(2) The report must contain an evaluation of the |
|
status of education in the state as reflected by: |
|
(A) the student achievement [academic
|
|
excellence] indicators described by [adopted under] Section 39.053 |
|
[39.051]; and |
|
(B) the reporting indicators described by |
|
Section 39.301. |
|
(3) The report must contain a summary compilation of |
|
overall student performance on academic skills assessment |
|
instruments required by Section 39.023 with the number and |
|
percentage of students exempted from the administration of those |
|
instruments and the basis of the exemptions, aggregated by grade |
|
level, subject area, campus, and district, with appropriate |
|
interpretations and analysis, and disaggregated by race, |
|
ethnicity, gender, and socioeconomic status.[;] |
|
(4) The report must contain a summary compilation of |
|
overall performance of students placed in a disciplinary |
|
alternative education program established under Section 37.008 on |
|
academic skills assessment instruments required by Section 39.023 |
|
with the number of those students exempted from the administration |
|
of those instruments and the basis of the exemptions, aggregated by |
|
district, grade level, and subject area, with appropriate |
|
interpretations and analysis, and disaggregated by race, |
|
ethnicity, gender, and socioeconomic status.[;] |
|
(5) The report must contain a summary compilation of |
|
overall performance of students at risk of dropping out of school, |
|
as defined by Section 29.081(d), on academic skills assessment |
|
instruments required by Section 39.023 with the number of those |
|
students exempted from the administration of those instruments and |
|
the basis of the exemptions, aggregated by district, grade level, |
|
and subject area, with appropriate interpretations and analysis, |
|
and disaggregated by race, ethnicity, gender, and socioeconomic |
|
status.[;] |
|
(6) The report must contain an evaluation of the |
|
correlation between student grades and student performance on |
|
academic skills assessment instruments required by Section |
|
39.023.[;] |
|
(7) The report must contain a statement of the dropout |
|
rate of students in grade levels 7 through 12, expressed in the |
|
aggregate and by grade level, and a statement of the completion |
|
rates of students for grade levels 9 through 12.[;] |
|
(8) The report must contain a statement of: |
|
(A) the completion rate of students who enter |
|
grade level 9 and graduate not more than four years later; |
|
(B) the completion rate of students who enter |
|
grade level 9 and graduate, including students who require more |
|
than four years to graduate; |
|
(C) the completion rate of students who enter |
|
grade level 9 and not more than four years later receive a high |
|
school equivalency certificate; |
|
(D) the completion rate of students who enter |
|
grade level 9 and receive a high school equivalency certificate, |
|
including students who require more than four years to receive a |
|
certificate; and |
|
(E) the number and percentage of all students who |
|
have not been accounted for under Paragraph (A), (B), (C), or |
|
(D).[;] |
|
(9) The report must contain a statement of the |
|
projected cross-sectional and longitudinal dropout rates for grade |
|
levels 9 through 12 for the next five years, assuming no state |
|
action is taken to reduce the dropout rate.[;] |
|
(10) The report must contain a description of a |
|
systematic, measurable plan for reducing the projected |
|
cross-sectional and longitudinal dropout rates to five percent or |
|
less for the 2017-2018 [1997-1998] school year.[;] |
|
(11) The report must contain a summary of the |
|
information required by Section 29.083 regarding grade level |
|
retention of students and information concerning: |
|
(A) the number and percentage of students |
|
retained; and |
|
(B) the performance of retained students on |
|
assessment instruments required under Section 39.023(a).[;] |
|
(12) The report must contain information, aggregated |
|
by district type and disaggregated by race, ethnicity, gender, and |
|
socioeconomic status, on: |
|
(A) the number of students placed in a |
|
disciplinary alternative education program established under |
|
Section 37.008; |
|
(B) the average length of a student's placement |
|
in a disciplinary alternative education program established under |
|
Section 37.008; |
|
(C) the academic performance of students on |
|
assessment instruments required under Section 39.023(a) during the |
|
year preceding and during the year following placement in a |
|
disciplinary alternative education program; and |
|
(D) the dropout rates of students who have been |
|
placed in a disciplinary alternative education program established |
|
under Section 37.008.[;] |
|
(13) The report must contain a list of each school |
|
district or campus that does not satisfy performance standards, |
|
with an explanation of the actions taken by the commissioner to |
|
improve student performance in the district or campus and an |
|
evaluation of the results of those actions.[;] |
|
(14) The report must contain an evaluation of the |
|
status of the curriculum taught in public schools, with |
|
recommendations for legislative changes necessary to improve or |
|
modify the curriculum required by Section 28.002.[;] |
|
(15) The report must contain a description of all |
|
funds received by and each activity and expenditure of the |
|
agency.[;] |
|
(16) The report must contain a summary and analysis of |
|
the instructional expenditures ratios and instructional employees |
|
ratios of school districts computed under Section 44.0071.[;] |
|
(17) The report must contain a summary of the effect of |
|
deregulation, including exemptions and waivers granted under |
|
Section 7.056 or 39.232. [39.112;] |
|
(18) The report must contain a statement of the total |
|
number and length of reports that school districts and school |
|
district employees must submit to the agency, identifying which |
|
reports are required by federal statute or rule, state statute, or |
|
agency rule, and a summary of the agency's efforts to reduce overall |
|
reporting requirements.[;] |
|
(19) The report must contain a list of each school |
|
district that is not in compliance with state special education |
|
requirements, including: |
|
(A) the period for which the district has not |
|
been in compliance; |
|
(B) the manner in which the agency considered the |
|
district's failure to comply in determining the district's |
|
accreditation status; and |
|
(C) an explanation of the actions taken by the |
|
commissioner to ensure compliance and an evaluation of the results |
|
of those actions.[;] |
|
(20) The report must contain a comparison of the |
|
performance of open-enrollment charter schools and school |
|
districts on the student achievement [academic excellence] |
|
indicators described by Section 39.053(c), the reporting |
|
indicators described by Section 39.301(b), [specified in Section
|
|
39.051(b)] and the accountability measures adopted under Section |
|
39.053(i) [39.051(g)], with a separately aggregated comparison of |
|
the performance of open-enrollment charter schools predominantly |
|
serving students at risk of dropping out of school, as described |
|
[defined] by Section 29.081(d), with the performance of school |
|
districts.[;] |
|
(21) The report must contain a summary of the |
|
information required by Section 38.0141 regarding student health |
|
and physical activity from each school district.[;] |
|
(22) The report must contain a summary compilation of |
|
overall student performance under the assessment system developed |
|
to evaluate the longitudinal academic progress as required by |
|
Section 39.027(e), disaggregated by bilingual education or special |
|
language program instructional model, if any.[; and] |
|
(23) The report must contain any additional |
|
information considered important by the commissioner or the State |
|
Board of Education. |
|
(c) [(b)] In reporting the information required by |
|
Subsection (b)(3) or (4) [(a)(3) or (4)], the agency may separately |
|
aggregate the performance data of students enrolled in a special |
|
education program under Subchapter A, Chapter 29. |
|
(d) [(b-1)] In reporting the information required by |
|
Subsections (b)(3), (5), and (7) [(a)(3), (5), and (7)], the agency |
|
shall separately aggregate the longitudinal performance data of all |
|
students identified as students of limited English proficiency, as |
|
defined by Section 29.052, or former students of limited English |
|
proficiency, disaggregated by bilingual education or special |
|
language program instructional model, if any, in which the students |
|
are or were enrolled. |
|
(e) [(c)] Each report must contain the most recent data |
|
available. |
|
Sec. 39.333 [39.183]. REGIONAL AND DISTRICT LEVEL REPORT. |
|
The agency shall prepare and deliver to the governor, the |
|
lieutenant governor, the speaker of the house of representatives, |
|
each member of the legislature, the Legislative Budget Board, and |
|
the clerks of the standing committees of the senate and house of |
|
representatives with primary jurisdiction over the public school |
|
system a regional and district level report covering the preceding |
|
two school years and containing: |
|
(1) a summary of school district compliance with the |
|
student/teacher ratios and class-size limitations prescribed by |
|
Sections 25.111 and 25.112, including: |
|
(A) the number of campuses and classes at each |
|
campus granted an exception from Section 25.112; and |
|
(B) for [the performance rating under Subchapter
|
|
D of] each campus granted an exception from Section 25.112, a |
|
statement of whether the campus has been awarded a distinction |
|
designation under Subchapter G or has been identified as an |
|
accredited-warned or accredited-probation campus under Subchapter |
|
E; |
|
(2) a summary of the exemptions and waivers granted to |
|
campuses and school districts under Section 7.056 or 39.232 |
|
[39.112] and a review of the effectiveness of each campus or |
|
district following deregulation; |
|
(3) an evaluation of the performance of the system of |
|
regional education service centers based on the indicators adopted |
|
under Section 8.101 and client satisfaction with services provided |
|
under Subchapter B, Chapter 8; |
|
(4) an evaluation of accelerated instruction programs |
|
offered under Section 28.006, including an assessment of the |
|
quality of such programs and the performance of students enrolled |
|
in such programs; and |
|
(5) the number of classes at each campus that are |
|
currently being taught by individuals who are not certified in the |
|
content areas of their respective classes. |
|
Sec. 39.334 [39.184]. TECHNOLOGY REPORT. The agency shall |
|
prepare and deliver to the governor, the lieutenant governor, the |
|
speaker of the house of representatives, each member of the |
|
legislature, the Legislative Budget Board, and the clerks of the |
|
standing committees of the senate and house of representatives with |
|
primary jurisdiction over the public school system a technology |
|
report covering the preceding two school years and containing |
|
information on the status of the implementation of and revisions to |
|
the long-range technology plan required by Section 32.001, |
|
including the equity of the distribution and use of technology in |
|
public schools. |
|
Sec. 39.335 [39.185]. INTERIM REPORT. Not later than |
|
December 1 of each odd-numbered year, the agency shall prepare and |
|
deliver to the governor, the lieutenant governor, the speaker of |
|
the house of representatives, each member of the legislature, the |
|
Legislative Budget Board, and the clerks of the standing committees |
|
of the senate and house of representatives with primary |
|
jurisdiction over the public school system an interim report |
|
containing, for the previous school year, the information required |
|
by Section 39.333(2) [39.183(2)]. |
|
SUBCHAPTER L [J]. NOTICE OF PERFORMANCE |
|
Sec. 39.361 [39.251]. NOTICE IN STUDENT GRADE REPORT. The |
|
first written notice of a student's performance that a school |
|
district gives during a school year as required by Section |
|
28.022(a)(2) must include [the following information]: |
|
(1) a statement of whether the campus at which the |
|
student is enrolled has been awarded a distinction designation |
|
under Subchapter G or has been identified as an accredited-warned |
|
or accredited-probation campus under Subchapter E [the most recent
|
|
performance rating of the campus at which the student is enrolled,
|
|
as determined under Section 39.072]; and |
|
(2) an explanation of the significance of the |
|
information provided under Subdivision (1) [a definition and
|
|
explanation of each performance rating described by Section
|
|
39.072(a)]. |
|
Sec. 39.362 [39.252]. NOTICE ON DISTRICT WEBSITE. Not |
|
later than the 10th day after the first day of instruction of each |
|
school year, a school district that maintains an Internet website |
|
shall make the following information available to the public on the |
|
website: |
|
(1) the information contained in the most recent |
|
campus report card for each campus in the district[, as determined] |
|
under Section 39.305 [39.052]; |
|
(2) the information contained in the most recent |
|
performance report for the district[, as determined] under Section |
|
39.306 [39.053]; |
|
(3) the most recent accreditation status [performance
|
|
rating] of the district[, as determined] under Section 39.052 |
|
[39.072]; and |
|
(4) a definition and explanation of each accreditation |
|
status under [performance rating described by] Section 39.051, |
|
based on commissioner rule adopted under that section [39.072(a)]. |
|
SUBCHAPTER M [L]. HIGH SCHOOL COMPLETION AND SUCCESS INITIATIVE |
|
Sec. 39.401 [39.351]. DEFINITION. In this subchapter, |
|
"council" means the High School Completion and Success Initiative |
|
Council. |
|
Sec. 39.402 [39.352]. HIGH SCHOOL COMPLETION AND SUCCESS |
|
INITIATIVE COUNCIL. (a) The High School Completion and Success |
|
Initiative Council is established to identify strategic priorities |
|
for and make recommendations to improve the effectiveness, |
|
coordination, and alignment of high school completion and college |
|
and workforce readiness efforts. |
|
(b) The council is composed of: |
|
(1) the commissioner of education; |
|
(2) the commissioner of higher education; and |
|
(3) seven members appointed by the commissioner of |
|
education. |
|
(c) In making appointments required by Subsection (b)(3), |
|
the commissioner of education shall appoint: |
|
(1) three members from a list of nominations provided |
|
by the governor; |
|
(2) two members from a list of nominations provided by |
|
the lieutenant governor; and |
|
(3) two members from a list of nominations provided by |
|
the speaker of the house of representatives. |
|
(d) In making nominations under Subsection (c), the |
|
governor, lieutenant governor, and speaker of the house of |
|
representatives shall nominate persons who have distinguished |
|
experience in: |
|
(1) developing and implementing high school reform |
|
strategies; and |
|
(2) promoting college and workforce readiness. |
|
Sec. 39.403 [39.353]. TERMS. Members of the council |
|
appointed under Section 39.402(b)(3) [39.352(b)(3)] serve terms of |
|
two years and may be reappointed for additional terms. |
|
Sec. 39.404 [39.354]. PRESIDING OFFICER. The commissioner |
|
of education serves as the presiding officer of the council. |
|
Sec. 39.405 [39.355]. COMPENSATION AND REIMBURSEMENT. A |
|
member of the council is not entitled to compensation for service on |
|
the council but is entitled to reimbursement for actual and |
|
necessary expenses incurred in performing council duties. |
|
Sec. 39.406 [39.356]. COUNCIL STAFF AND FUNDING. (a) |
|
Except as otherwise provided, staff members of the agency, with the |
|
assistance of the Texas Higher Education Coordinating Board, shall |
|
provide administrative support for the council. |
|
(b) Funding for the administrative and operational expenses |
|
of the council shall be provided by appropriation to the agency for |
|
that purpose and by gifts, grants, and donations solicited and |
|
accepted by the agency for that purpose. |
|
Sec. 39.407 [39.357]. STRATEGIC PLAN. (a) The council |
|
shall adopt a strategic plan under this subchapter to: |
|
(1) specify strategies to identify, support, and |
|
expand programs to improve high school completion rates and college |
|
and workforce readiness; |
|
(2) establish specific goals with which to measure the |
|
success of the strategies identified under Subdivision (1) in |
|
improving high school completion rates and college and workforce |
|
readiness; |
|
(3) identify strategies for alignment and |
|
coordination of federal and other funding sources that may be |
|
pursued for high school reform, dropout prevention, and preparation |
|
of students for postsecondary coursework or employment; and |
|
(4) identify key objectives for appropriate research |
|
and program evaluation conducted as provided by this subchapter. |
|
(b) The commissioner of education and the commissioner of |
|
higher education shall adopt rules as necessary to administer the |
|
strategic plan adopted by the council under this section. |
|
(c) The commissioner of education or the commissioner of |
|
higher education may not, in a manner inconsistent with the |
|
strategic plan, spend money, award a grant, or enter into a contract |
|
in connection with a program relating to high school success and |
|
completion. |
|
Sec. 39.408 [39.358]. ELIGIBILITY CRITERIA FOR CERTAIN |
|
GRANT PROGRAMS. A school district or campus is eligible to |
|
participate in programs under Sections 21.4541, 29.095, 29.096, |
|
29.097, and 29.098 if the district or campus exhibited during each |
|
of the three preceding school years characteristics that strongly |
|
correlate with high dropout rates. |
|
Sec. 39.409 [39.359]. PRIVATE FOUNDATION PARTNERSHIPS. |
|
(a) The commissioner of education or the commissioner of higher |
|
education, as appropriate, and the council may coordinate with |
|
private foundations that have made a substantial investment in the |
|
improvement of high schools in this state to maximize the impact of |
|
public and private investments. |
|
(b) A private foundation is not required to obtain the |
|
approval of the appropriate commissioner or the council under |
|
Subsection (a) before allocating resources to a school in this |
|
state. |
|
Sec. 39.410 [39.360]. GRANT PROGRAM EVALUATION. (a) The |
|
commissioner of education shall annually set aside not more than |
|
five percent of the funds appropriated for high school completion |
|
and success to contract for the evaluation of programs supported by |
|
grants approved under this subchapter. In awarding a contract |
|
under this subsection, the commissioner shall consider centers for |
|
education research established under Section 1.005. |
|
(b) A person who receives a grant approved under this |
|
subchapter must consent to an evaluation under this section as a |
|
condition of receiving the grant. |
|
(c) The commissioner shall ensure that an evaluation |
|
conducted under this section includes an assessment of whether |
|
student achievement has improved. Results of the evaluation shall |
|
be provided through the online clearinghouse of information |
|
relating to the best practices of campuses and school districts |
|
established under Section 7.009. |
|
Sec. 39.411 [39.361]. COUNCIL RECOMMENDATIONS. (a) Based |
|
on the strategic plan adopted under this subchapter [section], the |
|
council shall make recommendations to the commissioner of education |
|
or the commissioner of higher education, as applicable, for the use |
|
of federal and state funds appropriated or received for high school |
|
reform, college readiness, and dropout prevention, including |
|
grants awarded under Sections 21.4511, 21.4541, 29.095-29.098, |
|
29.917, 29.919, and 39.235 [39.115]. |
|
(b) The council shall include recommendations under this |
|
section for: |
|
(1) key elements of program design; |
|
(2) criteria for awarding grants and evaluating |
|
programs; |
|
(3) program funding priorities; and |
|
(4) program evaluation as provided by this subchapter. |
|
(c) The commissioner of education or the commissioner of |
|
higher education, as applicable, shall consider the council's |
|
recommendations and based on those recommendations may award grants |
|
to school districts, open-enrollment charter schools, institutions |
|
of higher education, regional education service centers, and |
|
nonprofit organizations to meet the goals of the council's |
|
strategic plan. |
|
(d) The commissioner of education or the commissioner of |
|
higher education, as applicable: |
|
(1) is not required under this section to allocate |
|
funds to a program or initiative recommended by the council; and |
|
(2) may not initiate a program funded under this |
|
section that does not conform to the recommended use of funds as |
|
provided under Subsections (a) and (b). |
|
Sec. 39.412 [39.362]. FUNDING PROVIDED TO SCHOOL |
|
DISTRICTS. From funds appropriated, the commissioner of education |
|
may provide funding to school districts to permit a school district |
|
to obtain technical assistance in preparing a grant proposal for a |
|
grant program administered under this subchapter. |
|
Sec. 39.413 [39.363]. FUNDING FOR CERTAIN PROGRAMS. (a) |
|
From funds appropriated, the Texas Higher Education Coordinating |
|
Board shall allocate $8.75 million each year to establish |
|
mathematics, science, and technology teacher preparation academies |
|
under Section 21.462 and implement and administer the program under |
|
Section 29.098. |
|
(b) The Texas Higher Education Coordinating Board shall |
|
establish mathematics, science, and technology teacher preparation |
|
academies under Section 21.462 and implement and administer the |
|
program under Section 29.098 in a manner consistent with the goals |
|
of this subchapter and the goals in "Closing the Gaps," the state's |
|
master plan for higher education. |
|
Sec. 39.414 [39.364]. PRIVATE FUNDING. The commissioner of |
|
education or the commissioner of higher education, as appropriate, |
|
may accept gifts, grants, or donations to fund a grant administered |
|
under this subchapter. |
|
Sec. 39.415 [39.365]. REPORTS. (a) Not later than |
|
December 1 of each even-numbered year, the agency shall prepare and |
|
deliver a report to the legislature that recommends any statutory |
|
changes the council considers appropriate to promote high school |
|
completion and college and workforce readiness. |
|
(b) Not later than March 1 and September 1 of each year, the |
|
commissioner of education shall prepare and deliver a progress |
|
report to the presiding officers of the standing committees of each |
|
house of the legislature with primary jurisdiction over public |
|
education, the Legislative Budget Board, and the Governor's Office |
|
of Policy and Planning on: |
|
(1) the implementation of Sections 7.031, 21.4511, |
|
21.4541, 21.462, 28.008(d-1), 28.0212(d), 29.095-29.098, 29.911, |
|
29.917-29.919, and 39.235 [39.115] and this subchapter; |
|
(2) the programs supported by grants approved under |
|
this subchapter; and |
|
(3) the alignment of grants and programs to the |
|
strategic plan adopted under Section 39.407 [39.357]. |
|
Sec. 39.416 [39.366]. RULES. The commissioner of education |
|
and the commissioner of higher education shall adopt rules as |
|
necessary to administer this subchapter and any programs under the |
|
authority of the commissioner of education or the commissioner of |
|
higher education and the council under this subchapter. |
|
SECTION 24. Section 51.3062, Education Code, is amended by |
|
adding Subsection (q-1) to read as follows: |
|
(q-1) A student who has completed a recommended or advanced |
|
high school program as determined under Section 28.025 and |
|
demonstrated the performance standard for college readiness as |
|
provided by Section 39.024 on the Algebra II and English III |
|
end-of-course assessment instruments is exempt from the |
|
requirements of this section with respect to those content areas. |
|
The commissioner of higher education by rule shall establish the |
|
period for which an exemption under this subsection is valid. |
|
SECTION 25. Section 51.807, Education Code, as amended by |
|
Chapters 941 (H.B. 3826) and 1369 (H.B. 3851), Acts of the 80th |
|
Legislature, Regular Session, 2007, is reenacted to read as |
|
follows: |
|
Sec. 51.807. RULEMAKING. (a) The Texas Higher Education |
|
Coordinating Board may adopt rules relating to the operation of |
|
admissions programs under this subchapter, including rules |
|
relating to the identification of eligible students. |
|
(b) The Texas Higher Education Coordinating Board, after |
|
consulting with the Texas Education Agency, by rule shall establish |
|
standards for determining for purposes of this subchapter: |
|
(1) whether a private high school is accredited by a |
|
generally recognized accrediting organization; and |
|
(2) whether a person completed a high school |
|
curriculum that is equivalent in content and rigor to the |
|
curriculum requirements established under Section 28.025 for the |
|
recommended or advanced high school program. |
|
SECTION 26. Chapter 61, Education Code, is amended by |
|
adding Subchapter T-1 to read as follows: |
|
SUBCHAPTER T-1. CAREER AND TECHNICAL EDUCATION |
|
Sec. 61.861. DEVELOPMENT OF MATHEMATICS AND SCIENCE COURSES |
|
FOR HIGH-DEMAND OCCUPATIONS. (a) The commissioner of higher |
|
education, in consultation with the comptroller and the Texas |
|
Workforce Commission, may award a grant in an amount not to exceed |
|
$1 million to an institution of higher education to develop |
|
advanced mathematics and science courses to prepare high school |
|
students for employment in a high-demand occupation. The |
|
commissioner of higher education, the comptroller, and the Texas |
|
Workforce Commission shall jointly determine what is considered a |
|
high-demand occupation for purposes of this subchapter. |
|
(b) An institution of higher education shall work in |
|
partnership with at least one independent school district and a |
|
business entity in developing a course for purposes of this |
|
section. |
|
(c) A course developed for purposes of this section must: |
|
(1) provide content that enables a student to develop |
|
the relevant and critical skills needed to be prepared for |
|
employment or additional training in a high-demand occupation; |
|
(2) incorporate college and career readiness skills as |
|
part of the curriculum; |
|
(3) be offered for dual credit; and |
|
(4) satisfy a mathematics or science requirement under |
|
the recommended or advanced high school program as determined under |
|
Section 28.025. |
|
(d) An institution of higher education shall periodically |
|
review and revise the curriculum for a course developed for |
|
purposes of this section to accommodate changes in industry |
|
standards for the high-demand occupation. |
|
Sec. 61.862. GRANT APPLICATION CRITERIA. The commissioner |
|
of higher education, in consultation with the comptroller and the |
|
Texas Workforce Commission, shall establish application criteria |
|
for a grant under this subchapter and in making an award, shall give |
|
priority to courses that: |
|
(1) will prepare students for high-demand, high-wage, |
|
and high-skill occupations; |
|
(2) may be transferred as college credit to multiple |
|
institutions of higher education; and |
|
(3) are developed as part of a sequence of courses that |
|
includes statewide availability of the instructional materials and |
|
training for the courses at a nominal cost to public educational |
|
institutions in this state. |
|
Sec. 61.863. USE OF FUNDS. An institution of higher |
|
education may use funds awarded under this section to develop, in |
|
connection with a course described by Section 61.861: |
|
(1) curriculum; |
|
(2) assessments; or |
|
(3) instructional materials, including |
|
technology-based supplemental materials. |
|
Sec. 61.864. REVIEW OF COURSES. Courses developed for |
|
which a grant is awarded under this subchapter shall be reviewed by |
|
the commissioner of higher education, in consultation with the |
|
comptroller and the Texas Workforce Commission, once every four |
|
years to determine whether the course: |
|
(1) is being used by public educational institutions |
|
in this state; and |
|
(2) prepares high school students with the skills |
|
necessary for employment in the high-demand occupation. |
|
Sec. 61.865. MATCHING CONTRIBUTION REQUIRED. An |
|
institution of higher education awarded a grant under this |
|
subchapter must obtain from one or more business entities in the |
|
industry for which students taking courses developed under Section |
|
61.861 are training, in a total amount equal to the amount of the |
|
state grant: |
|
(1) gifts, grants, or donations of funds; or |
|
(2) contributions of property that may be used in |
|
providing the courses. |
|
Sec. 61.866. LIMITATION ON TOTAL AMOUNT OF GRANTS. In any |
|
state fiscal biennium, the total amount of grants awarded under |
|
this subchapter may not exceed $10 million. |
|
Sec. 61.867. FUNDING OF GRANTS. The commissioner of higher |
|
education shall administer this section using available |
|
appropriations and gifts, grants, and donations made for the |
|
purposes of this subchapter. |
|
SECTION 27. The following sections of the Education Code |
|
are repealed: |
|
(1) Section 39.0234; |
|
(2) Section 39.025(b-1); |
|
(3) Sections 39.032(a), (b), and (d); and |
|
(4) Sections 39.034(e), (f), and (g). |
|
SECTION 28. (a) Not later than January 1, 2010, the Texas |
|
Education Agency shall prepare a transition plan containing a |
|
detailed description of the process the commissioner of education |
|
will use to implement this Act. |
|
(b) In developing the transition plan, the Texas Education |
|
Agency shall consult with stakeholders in public primary and |
|
secondary education. |
|
SECTION 29. To the extent of any conflict, the reenactment |
|
by this Act of Section 51.807, Education Code, prevails over |
|
another Act of the 81st Legislature, Regular Session, 2009, |
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
|
SECTION 30. Section 11.203(d), Education Code, as amended |
|
by this Act, applies only to a principal employed at a school that |
|
is rated academically unacceptable during the 2008-2009 school |
|
year. |
|
SECTION 31. (a) Except as provided by this section, this |
|
Act applies beginning with the 2009-2010 school year. |
|
(b) Sections 39.023(e) and 39.053(g), Education Code, as |
|
amended by this Act, apply immediately. |
|
(c) Except as provided by Subsection (b) of this section, |
|
Subchapter C, Chapter 39, Education Code, as amended by this Act, |
|
applies beginning with the 2011-2012 school year. |
|
(d) Except as provided by Subsection (e) of this section, |
|
Subchapter E, Chapter 39, Education Code, as amended by this Act, |
|
applies as provided by the transition plan adopted by the |
|
commissioner of education under Section 39.116, Education Code, as |
|
added by this Act. |
|
(e) Notwithstanding any other provision of this Act, the |
|
commissioner of education may immediately apply any exceptions to |
|
interventions and sanctions under Subchapter E, Chapter 39, |
|
Education Code, as amended by this Act, to interventions and |
|
sanctions under Subchapter G, Chapter 39, Education Code, as that |
|
law existed prior to amendment by this Act. |
|
SECTION 32. 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, 2009. |