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A BILL TO BE ENTITLED
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AN ACT
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relating to challenges by school districts and open-enrollment |
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charter schools to accountability determinations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.151, Education Code, is amended by |
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amending Subsection (b) and adding Subsections (c-1), (c-2), and |
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(c-3) to read as follows: |
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(b) The rules under Subsection (a) must provide for the |
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commissioner to appoint a committee to make recommendations to the |
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commissioner on a challenge made to an agency decision relating to |
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an academic performance rating or determination or financial |
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accountability rating. The committee shall review the challenge |
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regardless of the issue identified in the challenge by the school |
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district or open-enrollment charter school. The commissioner may |
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not appoint an agency employee as a member of the committee. |
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(c-1) The commissioner may not limit a challenge relating to |
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a data or calculation error if the school district or |
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open-enrollment charter school demonstrates in writing that the |
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error was identified before July 1 of the year ratings are released, |
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even if the challenge demonstrates the data or calculation error: |
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(1) is attributable to the school district or |
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open-enrollment charter school; or |
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(2) caused the district or school to have a lower |
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academic or financial accountability rating. |
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(c-2) If a challenge described by Subsection (c-1) |
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demonstrates that a data or calculation error caused the district |
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or open-enrollment charter school to have a lower academic or |
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financial accountability rating, the commissioner shall: |
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(1) assign the district or school the corrected |
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rating; or |
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(2) indicate that the district or school will not be |
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rated for that school year. |
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(c-3) For a year in which a school district or |
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open-enrollment charter school is not rated under Subsection |
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(c-2)(2), that school year is not: |
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(1) included in calculating consecutive school years |
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under Sections 12.1141(d) and 12.115(c) and Subchapter C, Chapter |
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39, and Chapter 39A; or |
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(2) considered a break in consecutive school years of |
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unacceptable ratings for purposes of sanctions or interventions |
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under Sections 12.1141(d) and 12.115(c) and Subchapter C, Chapter |
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39, and Chapter 39A. |
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SECTION 2. This Act applies beginning with the 2019-2020 |
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school year. |
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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, 2019. |