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A BILL TO BE ENTITLED
|
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AN ACT
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relating to the assignment of performance ratings to school |
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districts and school district campuses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 8.051(b) and (d), Education Code, are |
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amended to read as follows: |
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(b) Each regional education service center shall annually |
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develop and submit to the commissioner for approval a plan for |
|
improvement. Each plan must include the purposes and description of |
|
the services the center will provide to: |
|
(1) campuses assigned a [an unacceptable] performance |
|
rating of F under Section 39.054; |
|
(2) the lowest-performing campuses in the region; and |
|
(3) other campuses. |
|
(d) Each regional education service center shall maintain |
|
core services for purchase by school districts and campuses. The |
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core services are: |
|
(1) training and assistance in: |
|
(A) teaching each subject area assessed under |
|
Section 39.023; and |
|
(B) providing instruction in personal financial |
|
literacy as required under Section 28.0021; |
|
(2) training and assistance in providing each program |
|
that qualifies for a funding allotment under Section 42.151, |
|
42.152, 42.153, or 42.156; |
|
(3) assistance specifically designed for a school |
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district or campus assigned a [an unacceptable] performance rating |
|
of F under Section 39.054; |
|
(4) training and assistance to teachers, |
|
administrators, members of district boards of trustees, and members |
|
of site-based decision-making committees; |
|
(5) assistance specifically designed for a school |
|
district that is considered out of compliance with state or federal |
|
special education requirements, based on the agency's most recent |
|
compliance review of the district's special education programs; and |
|
(6) assistance in complying with state laws and rules. |
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SECTION 2. Sections 11.174(b) and (f), Education Code, are |
|
amended to read as follows: |
|
(b) The board of trustees of a school district may enter |
|
into a contract as provided by Subsection (a) only if: |
|
(1) the charter of the open-enrollment charter school |
|
has not been previously revoked; |
|
(2) for the three school years preceding the school |
|
year of the proposed operation of the district campus as described |
|
by Subsection (a), the open-enrollment charter school has received: |
|
(A) an overall performance rating of C |
|
[acceptable] or higher under Subchapter C, Chapter 39; and |
|
(B) a financial accountability rating under |
|
Subchapter D, Chapter 39, indicating financial performance of |
|
satisfactory or higher; or |
|
(3) the entity considered for a district-authorized |
|
charter has not previously operated an open-enrollment charter |
|
school in which the charter expired or was revoked or surrendered. |
|
(f) This subsection applies only to a district campus |
|
subject to a contract described by Subsection (a) that received an |
|
overall performance rating of F [unacceptable] under Subchapter C, |
|
Chapter 39, for the school year before operation of the district |
|
campus under the contract began. The commissioner may not impose a |
|
sanction or take action against the campus under Section 39A.101 or |
|
39A.111 [39.107(a) or (e)] for failure to satisfy academic |
|
performance standards during the first two school years of |
|
operation of a district campus under Subsection (a). The overall |
|
performance rating received by the campus during those first two |
|
school years is not included in calculating consecutive school |
|
years and is not considered a break in consecutive school years |
|
under Section 39A.101 or 39A.111 [39.107(a) or (e)]. |
|
SECTION 3. Section 12.1054(a), Education Code, is amended |
|
to read as follows: |
|
(a) A member of the governing body of a charter holder, a |
|
member of the governing body of an open-enrollment charter school, |
|
or an officer of an open-enrollment charter school is considered to |
|
be a local public official for purposes of Chapter 171, Local |
|
Government Code. For purposes of that chapter: |
|
(1) a member of the governing body of a charter holder |
|
or a member of the governing body or officer of an open-enrollment |
|
charter school is considered to have a substantial interest in a |
|
business entity if a person related to the member or officer in the |
|
third degree by consanguinity or affinity, as determined under |
|
Chapter 573, Government Code, has a substantial interest in the |
|
business entity under Section 171.002, Local Government Code; and |
|
(2) notwithstanding any provision of Subdivision (1) |
|
[Section 12.1054(1)], an employee of an open-enrollment charter |
|
school that was assigned a performance rating of C [rated
|
|
acceptable] or higher under Section 39.054 for at least two of the |
|
preceding three school years may serve as a member of the governing |
|
body of the charter holder of the governing body of the school if |
|
the employees do not constitute a quorum of the governing body or |
|
any committee of the governing body; however, all members shall |
|
comply with the requirements of Sections 171.003-171.007, Local |
|
Government Code. |
|
SECTION 4. Section 12.106(e), Education Code, is amended to |
|
read as follows: |
|
(e) A charter holder is entitled to receive funding under |
|
Subsection (d) only if the most recent overall performance rating |
|
assigned to the open-enrollment charter school under Subchapter C, |
|
Chapter 39, was a C or higher [reflects at least acceptable
|
|
performance]. This subsection does not apply to a charter holder |
|
that operates a school program located at a day treatment facility, |
|
residential treatment facility, psychiatric hospital, or medical |
|
hospital. |
|
SECTION 5. Section 12.110(e), Education Code, is amended to |
|
read as follows: |
|
(e) The commissioner shall give priority to applications |
|
that propose an open-enrollment charter school campus to be located |
|
in the attendance zone of a school district campus assigned a [an
|
|
unacceptable] performance rating of F under Section 39.054 for the |
|
two preceding school years. |
|
SECTION 6. Section 12.115(c), Education Code, is amended to |
|
read as follows: |
|
(c) The commissioner shall revoke the charter of an |
|
open-enrollment charter school if: |
|
(1) the charter holder has been assigned a [an
|
|
unacceptable] performance rating of F under Subchapter C, Chapter |
|
39, for the three preceding school years; |
|
(2) the charter holder has been assigned a financial |
|
accountability performance rating under Subchapter D, Chapter 39, |
|
indicating financial performance lower than satisfactory for the |
|
three preceding school years; or |
|
(3) the charter holder has been assigned any |
|
combination of the ratings described by Subdivision (1) or (2) for |
|
the three preceding school years. |
|
SECTION 7. Section 12A.001(b), Education Code, is amended |
|
to read as follows: |
|
(b) A school district is eligible for designation as a |
|
district of innovation only if the district's most recent |
|
performance rating under Section 39.054 was a C or higher [reflects
|
|
at least acceptable performance]. |
|
SECTION 8. Sections 12A.008(a) and (c), Education Code, are |
|
amended to read as follows: |
|
(a) The commissioner may terminate a district's designation |
|
as a district of innovation if the district receives for two |
|
consecutive school years: |
|
(1) an [unacceptable] academic performance rating of F |
|
under Section 39.054; |
|
(2) an unacceptable financial accountability rating |
|
under Section 39.082; or |
|
(3) an [unacceptable] academic performance rating of F |
|
under Section 39.054 for one of the school years and an unacceptable |
|
financial accountability rating under Section 39.082 for the other |
|
school year. |
|
(c) The commissioner shall terminate a district's |
|
designation as a district of innovation if the district receives |
|
for three consecutive school years: |
|
(1) an [unacceptable] academic performance rating of F |
|
under Section 39.054; |
|
(2) an unacceptable financial accountability rating |
|
under Section 39.082; or |
|
(3) any combination of one or more [unacceptable] |
|
ratings of F under Subdivision (1) and one or more unacceptable |
|
ratings under Subdivision (2). |
|
SECTION 9. The heading to Section 13.054, Education Code, |
|
is amended to read as follows: |
|
Sec. 13.054. [ACADEMICALLY UNACCEPTABLE] SCHOOL DISTRICTS |
|
ASSIGNED ACADEMIC PERFORMANCE RATING OF F. |
|
SECTION 10. Sections 13.054(a), (b), and (d), Education |
|
Code, are amended to read as follows: |
|
(a) The commissioner by order may annex to one or more |
|
adjoining districts a school district that has been assigned an |
|
academic performance rating of F [rated as academically
|
|
unacceptable] for a period of two years. |
|
(b) The governing board of a district to which territory of |
|
a [an academically unacceptable] district assigned an academic |
|
performance rating of F is annexed is the governing board for the |
|
new district. |
|
(d) Title to the real property of the [academically
|
|
unacceptable] district assigned an academic performance rating of F |
|
vests in the district to which the property is annexed. Each |
|
district to which territory is annexed assumes and is liable for any |
|
portion of the [academically unacceptable district's] indebtedness |
|
of the district assigned an academic performance rating of F that is |
|
allocated to the receiving district under Section 13.004. |
|
SECTION 11. Section 21.453(b), Education Code, is amended |
|
to read as follows: |
|
(b) The commissioner may allocate funds from the account to |
|
regional education service centers to provide staff development |
|
resources to school districts that: |
|
(1) are assigned an academic performance rating of F |
|
[rated academically unacceptable]; |
|
(2) have one or more campuses assigned an academic |
|
performance rating of F [rated as academically unacceptable]; or |
|
(3) are otherwise in need of assistance as indicated |
|
by the academic performance of students, as determined by the |
|
commissioner. |
|
SECTION 12. Section 28.020(c), Education Code, is amended |
|
to read as follows: |
|
(c) A campus designated as a mathematics innovation zone is |
|
not subject to interventions under the state accountability system |
|
described by Section 39A.101 or 39A.111 [39.107(a) or (e)] for the |
|
first two years of the designation, provided that the campus |
|
implements the instructional program with fidelity and complies |
|
with each mathematics innovation zone requirement to the |
|
satisfaction of the commissioner. The period that a campus is |
|
exempt from interventions as provided by this subsection is not: |
|
(1) included in calculating consecutive school years |
|
under Section 39A.101 or 39A.111 [39.107(a) or (e)]; or |
|
(2) considered a break in consecutive school years of |
|
receiving performance [unacceptable] ratings of F for purposes of |
|
determining the need for intervention under Section 39A.101 or |
|
39A.111 [39.107(a) or (e)]. |
|
SECTION 13. Section 29.202(a), Education Code, is amended |
|
to read as follows: |
|
(a) A student is eligible to receive a public education |
|
grant or to attend another public school in the district in which |
|
the student resides under this subchapter if the student is |
|
assigned to attend a public school campus assigned a [an
|
|
unacceptable] performance rating of F that is made publicly |
|
available under Section 39.054 for: |
|
(1) the student achievement domain under Section |
|
39.053(c)(1); and |
|
(2) the school progress domain under Section |
|
39.053(c)(2). |
|
SECTION 14. Section 30A.101(a), Education Code, is amended |
|
to read as follows: |
|
(a) A school district or open-enrollment charter school is |
|
eligible to act as a course provider under this chapter only if the |
|
district or school is assigned a performance rating of C or higher |
|
[rated acceptable] under Section 39.054. An open-enrollment |
|
charter school may serve as a course provider only: |
|
(1) to a student within its service area; or |
|
(2) to another student in the state: |
|
(A) through an agreement with the school district |
|
in which the student resides; or |
|
(B) if the student receives educational services |
|
under the supervision of a juvenile probation department, the Texas |
|
Juvenile Justice Department, or the Texas Department of Criminal |
|
Justice, through an agreement with the applicable agency. |
|
SECTION 15. Sections 39.054(a) and (a-2), Education Code, |
|
are amended to read as follows: |
|
(a) The commissioner shall adopt rules to evaluate school |
|
district and campus performance and assign each district and campus |
|
an overall performance rating of A, B, C, D, or F. In addition to |
|
the overall performance rating, the commissioner shall assign each |
|
district and campus a separate domain performance rating of A, B, C, |
|
D, or F for each domain under Section 39.053(c). [An overall or
|
|
domain performance rating of A reflects exemplary performance. An
|
|
overall or domain performance rating of B reflects recognized
|
|
performance. An overall or domain performance rating of C reflects
|
|
acceptable performance. An overall or domain performance rating of
|
|
D reflects performance that needs improvement. An overall or
|
|
domain performance rating of F reflects unacceptable performance.] |
|
A district may not receive an overall or domain performance rating |
|
of A if the district includes any campus with a corresponding |
|
overall or domain performance rating of D or F. If a school |
|
district has been approved under Section 39.0544 to assign campus |
|
performance ratings and the commissioner has not assigned a campus |
|
an overall performance rating of D or F, the commissioner shall |
|
assign the campus an overall performance rating based on the school |
|
district assigned performance rating under Section 39.0544. [A
|
|
reference in law to an acceptable rating or acceptable performance
|
|
includes an overall or domain performance rating of A, B, C, or D or
|
|
performance that is exemplary, recognized, or acceptable
|
|
performance or performance that needs improvement.] |
|
(a-2) The commissioner by rule may adopt procedures to |
|
ensure that a repeated performance rating of D or F [or
|
|
unacceptable] in one domain, particularly performance that is not |
|
significantly improving, is reflected in the overall performance |
|
rating of a district or campus under this section or a campus under |
|
Section 39.0544 and is not compensated for by a performance rating |
|
of A, B, or C in another domain. |
|
SECTION 16. Section 39.101, Education Code, as added by |
|
Chapter 807 (H.B. 22), Acts of the 85th Legislature, Regular |
|
Session, 2017, is transferred to Subchapter B, Chapter 39A, |
|
Education Code, redesignated as Section 39A.0545, Education Code, |
|
amended to conform to the repeal of Subchapter E, Chapter 39, |
|
Education Code, by Article 21, Chapter 324 (S.B. 1488), Acts of the |
|
85th Legislature, Regular Session, 2017, and further amended to |
|
read as follows: |
|
Sec. 39A.0545 [39.101]. PERFORMANCE [NEEDS IMPROVEMENT] |
|
RATING OF D. (a) Notwithstanding any other law, if a school |
|
district or campus is assigned an overall or domain performance |
|
rating of D: |
|
(1) the commissioner shall order the district or |
|
campus to develop and implement a targeted improvement plan |
|
approved by the board of trustees of the district; and |
|
(2) the interventions and sanctions provided by this |
|
chapter [subchapter] based on failure to satisfy performance |
|
standards under Section 39.054(e) apply to the district or campus |
|
only as provided by this section. |
|
(b) The interventions and sanctions provided by this |
|
chapter [subchapter] based on failure to satisfy performance |
|
standards under Section 39.054(e) apply to a district or campus |
|
ordered to develop and implement a targeted improvement plan under |
|
Subsection (a) only if the district or campus is assigned: |
|
(1) an overall or domain performance rating of F; or |
|
(2) an overall performance rating of D as provided by |
|
Subsection (c). |
|
(c) If a school district or campus is assigned an overall |
|
performance rating of D for a school year after the district or |
|
campus is ordered to develop and implement a targeted improvement |
|
plan under Subsection (a), the commissioner shall implement |
|
interventions and sanctions that apply to a [an unacceptable] |
|
campus that received a performance rating of F and those |
|
interventions and sanctions shall continue for each consecutive |
|
school year thereafter in which the campus is assigned an overall |
|
performance rating of D. |
|
(d) The commissioner shall adopt rules as necessary to |
|
implement this section. |
|
SECTION 17. Section 39.201(b), Education Code, is amended |
|
to read as follows: |
|
(b) A district or campus may not be awarded a distinction |
|
designation under this subchapter unless the district or campus has |
|
a [acceptable] performance rating of C or higher under Section |
|
39.054. |
|
SECTION 18. Sections 39.232(a) and (d), Education Code, are |
|
amended to read as follows: |
|
(a) Except as provided by Subsection (b), a school campus or |
|
district that has been awarded a distinction designation [is rated
|
|
exemplary] under Subchapter G is exempt from requirements and |
|
prohibitions imposed under this code including rules adopted under |
|
this code. |
|
(d) The commissioner may exempt a [an exemplary] school |
|
campus that has been awarded a distinction designation under |
|
Subchapter G 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. |
|
SECTION 19. Section 39.306(a), Education Code, is amended |
|
to read as follows: |
|
(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 subject to |
|
interventions or sanctions [considered an unacceptable campus] |
|
under Chapter 39A; |
|
(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; |
|
(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 |
|
(7) information received under Section 51.403(e) for |
|
each high school campus in the district, presented in a form |
|
determined by the commissioner. |
|
SECTION 20. Section 39A.060, Education Code, is amended to |
|
conform to Section 1, Chapter 472 (H.B. 2263), Acts of the 85th |
|
Legislature, Regular Session, 2017, and further amended to read as |
|
follows: |
|
Sec. 39A.060. CAMPUS INTERVENTION TEAM CONTINUING DUTIES. |
|
For each year a campus is assigned a [an unacceptable] performance |
|
rating of F, the campus intervention team shall: |
|
(1) [continue to work with the campus until:
|
|
[(A)
the campus satisfies all performance
|
|
standards under Section 39.054(e) for a two-year period; or
|
|
[(B)
the campus satisfies all performance
|
|
standards under Section 39.054(e) 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;
|
|
[(2)] assist in updating the targeted improvement plan |
|
to identify and analyze areas of growth and areas that require |
|
improvement; and |
|
(2) [(3)] submit each updated targeted improvement |
|
plan described by Subdivision (1) [(2)] to the board of trustees of |
|
the school district. |
|
SECTION 21. Section 39A.103, Education Code, is amended to |
|
read as follows: |
|
Sec. 39A.103. NOTICE OF CAMPUS TURNAROUND PLAN. Before a |
|
campus turnaround plan is prepared and submitted for approval to |
|
the board of trustees of the school district, the district, in |
|
consultation with the campus intervention team, shall: |
|
(1) provide notice to parents, the community, and |
|
stakeholders that the campus has received a [an unacceptable] |
|
performance rating of F for two consecutive years and will be |
|
required to submit a campus turnaround plan; and |
|
(2) request assistance from parents, the community, |
|
and stakeholders in developing the campus turnaround plan. |
|
SECTION 22. Section 39A.106, Education Code, is amended to |
|
read as follows: |
|
Sec. 39A.106. DATE CAMPUS TURNAROUND PLAN TAKES EFFECT. A |
|
campus turnaround plan must take effect not later than the school |
|
year following the third consecutive school year that the campus |
|
has received a [an unacceptable] performance rating of F. |
|
SECTION 23. Section 39A.110, Education Code, is amended to |
|
read as follows: |
|
Sec. 39A.110. CHANGE IN CAMPUS PERFORMANCE RATING. (a) If |
|
a campus for which a campus turnaround plan has been ordered under |
|
Section 39A.101 receives a [an acceptable] performance rating of C |
|
or higher for the school year following the order, the board of |
|
trustees of the school district may: |
|
(1) implement the campus turnaround plan; |
|
(2) implement a modified version of the campus |
|
turnaround plan; or |
|
(3) withdraw the campus turnaround plan. |
|
(b) A school district required to implement a campus |
|
turnaround plan may modify the plan if the campus receives a [an
|
|
acceptable] performance rating of C or higher for two consecutive |
|
school years following implementation of the plan. |
|
SECTION 24. Section 39A.111, Education Code, is amended to |
|
read as follows: |
|
Sec. 39A.111. CONTINUED [UNACCEPTABLE] PERFORMANCE RATING |
|
OF F. If a campus is assigned a [considered to have an
|
|
unacceptable] performance rating of F for three consecutive school |
|
years after the campus is ordered to submit a campus turnaround plan |
|
under Section 39A.101, the commissioner, subject to Section |
|
39A.112, shall order: |
|
(1) appointment of a board of managers to govern the |
|
school district as provided by Section 39A.202; or |
|
(2) closure of the campus. |
|
SECTION 25. Section 39A.152(a), Education Code, is amended |
|
to read as follows: |
|
(a) To qualify for consideration as a managing entity under |
|
this subchapter, 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 who |
|
have: |
|
(1) documented success in whole school interventions |
|
that increased the educational and performance levels of students |
|
in campuses assigned a [considered to have an unacceptable] |
|
performance rating of F; |
|
(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. |
|
SECTION 26. Section 39A.156, Education Code, is amended to |
|
read as follows: |
|
Sec. 39A.156. CANCELLATION OF MANAGEMENT CONTRACT. If a |
|
campus receives a [an unacceptable] performance rating of F for two |
|
consecutive school years after a managing entity assumes management |
|
of the campus, the commissioner shall cancel the contract with the |
|
managing entity. |
|
SECTION 27. Sections 39A.209(a) and (b), Education Code, |
|
are amended to read as follows: |
|
(a) Notwithstanding Section 39A.208, the commissioner may |
|
remove a board of managers appointed to govern a school district |
|
under Subchapter C only if the campus that was the basis for the |
|
appointment of the board of managers receives a [an acceptable] |
|
performance rating of C or higher for two consecutive school years. |
|
(b) If a campus that was the basis for the appointment of a |
|
board of managers receives a [an unacceptable] performance rating |
|
of F for two additional consecutive years following the appointment |
|
of the board of managers, the commissioner may remove the board of |
|
managers and, in consultation with the local community, may appoint |
|
a new board of managers to govern the school district. |
|
SECTION 28. Sections 39A.906(b) and (d), Education Code, |
|
are amended to read as follows: |
|
(b) If a campus described by Subsection (a) receives a [an
|
|
unacceptable] performance rating of F for the 2016-2017 and |
|
2017-2018 school years, the commissioner shall apply the |
|
interventions and sanctions authorized by Section 39A.111 to the |
|
campus. |
|
(d) If a campus described by Subsection (c) receives a [an
|
|
unacceptable] performance rating of F for the 2016-2017, 2017-2018, |
|
and 2018-2019 school years, the commissioner shall apply the |
|
interventions and sanctions authorized by Section 39A.111 to the |
|
campus. |
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SECTION 29. Section 42.002(b), Education Code, is amended |
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to read as follows: |
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(b) The Foundation School Program consists of: |
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(1) two tiers that in combination provide for: |
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(A) sufficient financing for all school |
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districts to provide a basic program of education that is assigned a |
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performance rating of C [rated acceptable] or higher under Section |
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39.054 and meets other applicable legal standards; and |
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(B) substantially equal access to funds to |
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provide an enriched program; and |
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(2) a facilities component as provided by Chapter 46. |
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SECTION 30. This Act applies beginning with the 2019-2020 |
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school year. |
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SECTION 31. To the extent of any conflict, this Act prevails |
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over another Act of the 86th Legislature, Regular Session, 2019, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 32. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2019. |