BILL ANALYSIS

S.B. 2285

By: Fallon

Public Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Concerns have been raised that the current process for challenging a Texas Education Agency decision relating to an academic performance rating or determination or financial accountability rating does not allow for adequate consideration of a data or calculation error or inaccuracy attributable to a school, even if the necessary correction would result in a higher accountability rating. S.B. 2285 seeks to address these concerns by setting out provisions relating to challenges by public school districts and open-enrollment charter schools to accountability determinations in order to ensure that an accountability determination accurately reflects a school's true performance and not a data entry error.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 2285 amends the Education Code to require a committee appointed by the commissioner of education to make recommendations to the commissioner on a challenge made by a public school district or open-enrollment charter school to a Texas Education Agency decision relating to an academic performance rating or determination or a financial accountability rating to review the challenge regardless of the issue identified in the challenge by the district or charter school. The bill:

·         prohibits the commissioner from limiting a challenge relating to a data or calculation error if the district or charter school demonstrates in writing that the error was identified before July 1 of the year ratings are released, even if the challenge demonstrates the data or calculation error is attributable to the district or charter school or caused the district or charter school to have a lower academic or financial accountability rating;

·         requires the commissioner in such a circumstance to assign the district or charter school the corrected rating or to indicate that the district or charter school will not be rated for that school year; and

·         establishes that for a year in which a district or charter school is not rated because of an applicable error, the school year is not:

o   included in calculating consecutive school years for purposes of statutory provisions relating to the denial of open-enrollment charter renewal on grounds of certain unacceptable performance ratings, the revocation of such a charter on such grounds, the public school accountability system, or public school accountability interventions and sanctions; or

o   considered a break in consecutive school years of unacceptable ratings for purposes of related sanctions or interventions.

The bill applies beginning with the 2019-2020 school year.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2019.