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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of alternative assessment instruments for |
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students in a special education program of a public school |
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district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 39, Education Code, is |
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amended by adding Section 39.02316 to read as follows: |
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Sec. 39.02316. REQUIREMENTS RELATING TO ALTERNATIVE |
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ASSESSMENT DESIGNATION FOR STUDENTS IN SPECIAL EDUCATION PROGRAM; |
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CERTAIN USE OF INFORMATION PROHIBITED. The agency may not: |
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(1) limit the percentage of students in a special |
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education program of a school district under Subchapter A, Chapter |
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29, who are appropriately assessed through alternative assessment |
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instruments based on state eligibility criteria; and |
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(2) use the reported percentage of students in a |
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special education program of a school district under Subchapter A, |
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Chapter 29, who are assessed through the alternative assessment |
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instruments for performance, compliance, or accountability |
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purposes. |
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SECTION 2. Section 39.053(c), Education Code, is amended to |
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read as follows: |
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(c) School districts and campuses must be evaluated based on |
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five domains of indicators of achievement adopted under this |
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section that include: |
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(1) in the first domain, the results of[:
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[(A)] assessment instruments required under |
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Sections 39.023(a), (c), and (l), including the results of |
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assessment instruments required for graduation retaken by a |
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student, aggregated across grade levels by subject area, including: |
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(A) [(i)] for the performance standard |
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determined by the commissioner under Section 39.0241(a), the |
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percentage of students who performed satisfactorily on the |
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assessment instruments, aggregated across grade levels by subject |
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area; and |
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(B) [(ii)] for the college readiness performance |
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standard as determined under Section 39.0241, the percentage of |
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students who performed satisfactorily on the assessment |
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instruments, aggregated across grade levels by subject area [; and
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[(B)
assessment instruments required under
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Section 39.023(b), aggregated across grade levels by subject area,
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including the percentage of students who performed satisfactorily
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on the assessment instruments, as determined by the performance
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standard adopted by the agency, aggregated across grade levels by
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subject area]; |
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(2) in the second domain,[:
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[(A)] for assessment instruments under |
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Subdivision (1) [(1)(A)]: |
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(A) [(i)] for the performance standard |
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determined by the commissioner under Section 39.0241(a), the |
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percentage of students who met the standard for annual improvement |
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on the assessment instruments, as determined by the commissioner by |
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rule or by the method for measuring annual improvement under |
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Section 39.034, aggregated across grade levels by subject area; and |
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(B) [(ii)] for the college readiness performance |
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standard as determined under Section 39.0241, the percentage of |
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students who met the standard for annual improvement on the |
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assessment instruments, as determined by the commissioner by rule |
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or by the method for measuring annual improvement under Section |
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39.034, aggregated across grade levels by subject area[; and
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[(B)
for assessment instruments under
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Subdivision (1)(B), the percentage of students who met the standard
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for annual improvement on the assessment instruments, as determined
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by the commissioner by rule or by the method for measuring annual
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improvement under Section 39.034, aggregated across grade levels by
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subject area]; |
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(3) in the third domain, the student academic |
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achievement differentials among students from different racial and |
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ethnic groups and socioeconomic backgrounds; |
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(4) in the fourth domain: |
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(A) for evaluating the performance of high school |
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campuses and districts that include high school campuses: |
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(i) dropout rates, including dropout rates |
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and district completion rates for grade levels 9 through 12, |
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computed in accordance with standards and definitions adopted by |
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the National Center for Education Statistics of the United States |
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Department of Education; |
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(ii) high school graduation rates, computed |
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in accordance with standards and definitions adopted in compliance |
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with the Every Student Succeeds Act [No Child Left Behind Act of
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2001] (20 U.S.C. Section 6301 et seq.); |
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(iii) the percentage of students who |
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successfully completed the curriculum requirements for the |
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distinguished level of achievement under the foundation high school |
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program; |
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(iv) the percentage of students who |
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successfully completed the curriculum requirements for an |
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endorsement under Section 28.025(c-1); |
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(v) the percentage of students who |
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completed a coherent sequence of career and technical courses; |
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(vi) the percentage of students who satisfy |
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the Texas Success Initiative (TSI) college readiness benchmarks |
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prescribed by the Texas Higher Education Coordinating Board under |
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Section 51.3062(f) on an assessment instrument in reading, writing, |
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or mathematics designated by the Texas Higher Education |
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Coordinating Board under Section 51.3062(c); |
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(vii) the percentage of students who earn |
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at least 12 hours of postsecondary credit required for the |
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foundation high school program under Section 28.025 or to earn an |
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endorsement under Section 28.025(c-1); |
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(viii) the percentage of students who have |
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completed an advanced placement course; |
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(ix) the percentage of students who enlist |
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in the armed forces of the United States; and |
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(x) the percentage of students who earn an |
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industry certification; |
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(B) for evaluating the performance of middle and |
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junior high school and elementary school campuses and districts |
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that include those campuses: |
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(i) student attendance; and |
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(ii) for middle and junior high school |
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campuses: |
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(a) dropout rates, computed in the |
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manner described by Paragraph (A)(i); and |
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(b) the percentage of students in |
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grades seven and eight who receive instruction in preparing for |
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high school, college, and a career that includes information |
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regarding the creation of a high school personal graduation plan |
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under Section 28.02121, the distinguished level of achievement |
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described by Section 28.025(b-15), each endorsement described by |
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Section 28.025(c-1), college readiness standards, and potential |
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career choices and the education needed to enter those careers; and |
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(C) any additional indicators of student |
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achievement not associated with performance on standardized |
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assessment instruments determined appropriate for consideration by |
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the commissioner in consultation with educators, parents, business |
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and industry representatives, and employers; and |
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(5) in the fifth domain, three programs or specific |
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categories of performance related to community and student |
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engagement locally selected and evaluated as provided by Section |
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39.0546. |
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SECTION 3. Section 39.057(a), Education Code, is amended to |
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read as follows: |
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(a) The commissioner may authorize special accreditation |
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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 alternative assessment instruments developed or adopted |
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under Section 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 eligible to |
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enroll fail to complete an Algebra II course or any other advanced |
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course as determined by the commissioner; |
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(11) 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; |
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(12) when a disproportionate number of students of a |
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particular demographic group is graduating with a particular |
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endorsement under Section 28.025(c-1); |
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(13) when an excessive number of students is |
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graduating with a particular endorsement under Section |
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28.025(c-1); |
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(14) 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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(15) as the commissioner otherwise determines |
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necessary. |
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SECTION 4. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 5. 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, 2017. |