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AN ACT
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relating to the authority of the commissioner of education to issue |
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subpoenas and conduct accreditation investigations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 39.0302, Education Code, |
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is amended to read as follows: |
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(a) During an agency investigation or audit of a school |
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district under Section 39.0301(e) or (f), an accreditation |
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investigation under Section 39.057(a)(8) or (13) [39.075(a)(8)], |
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or an investigation by the State Board for Educator Certification |
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of an educator for an alleged violation of an assessment instrument |
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security procedure established under Section 39.0301(a), the |
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commissioner may issue a subpoena to compel the attendance of a |
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relevant witness or the production, for inspection or copying, of |
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relevant evidence that is located in this state. |
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SECTION 2. Subsection (a), Section 39.057, Education Code, |
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is amended to read as follows: |
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(a) The commissioner may [shall] authorize special |
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accreditation investigations to be conducted: |
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(1) when excessive numbers of absences of students |
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eligible to be tested on state assessment instruments are |
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determined; |
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(2) when excessive numbers of allowable exemptions |
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from the required state assessment instruments are determined; |
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(3) in response to complaints submitted to the agency |
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with respect to alleged violations of civil rights or other |
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requirements imposed on the state by federal law or court order; |
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(4) in response to established compliance reviews of |
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the district's financial accounting practices and state and federal |
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program requirements; |
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(5) when extraordinary numbers of student placements |
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in disciplinary alternative education programs, other than |
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placements under Sections 37.006 and 37.007, are determined; |
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(6) in response to an allegation involving a conflict |
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between members of the board of trustees or between the board and |
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the district administration if it appears that the conflict |
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involves a violation of a role or duty of the board members or the |
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administration clearly defined by this code; |
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(7) when excessive numbers of students in special |
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education programs under Subchapter A, Chapter 29, are assessed |
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through assessment instruments developed or adopted under Section |
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39.023(b); |
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(8) in response to an allegation regarding or an |
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analysis using a statistical method result indicating a possible |
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violation of an assessment instrument security procedure |
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established under Section 39.0301, including for the purpose of |
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investigating or auditing a school district under that section; |
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(9) when a significant pattern of decreased academic |
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performance has developed as a result of the promotion in the |
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preceding two school years of students who did not perform |
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satisfactorily as determined by the commissioner under Section |
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39.0241(a) on assessment instruments administered under Section |
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39.023(a), (c), or (l); |
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(10) when excessive numbers of students graduate under |
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the minimum high school program; |
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(11) when excessive numbers of students eligible to |
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enroll fail to complete an Algebra II course or any other course |
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determined by the commissioner as distinguishing between students |
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participating in the recommended high school program from students |
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participating in the minimum high school program; |
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(12) when resource allocation practices as evaluated |
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under Section 39.0821 indicate a potential for significant |
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improvement in resource allocation; [or] |
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(13) in response to a complaint submitted to the |
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agency with respect to alleged inaccurate data that is reported |
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through the Public Education Information Management System (PEIMS) |
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or through other reports required by state or federal law or rule or |
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court order and that is used by the agency to make a determination |
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relating to public school accountability, including accreditation, |
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under this chapter; or |
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(14) as the commissioner otherwise determines |
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necessary. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 123 passed the Senate on |
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April 3, 2013, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 21, 2013, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 123 passed the House, with |
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amendment, on May 16, 2013, by the following vote: Yeas 123, |
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Nays 19, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |