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Amend CSSB 1365 (senate committee printing) as follows:
(1) In SECTION 2.03 of the bill, strike amended Section 39.054(a), Education Code (page 4, line 11 through line 35), and substitute the following:
(a) Except as provided by Subsection (a-4), the [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, except as provided by Section 39.0543, or performance that is exemplary, recognized, or acceptable performance or performance that needs improvement, except as provided by Section 39.0543. A reference in law to an unacceptable performance rating includes an overall or domain performance rating of F and, as provided by Section 39.0543, D or performance that needs improvement.
(2) Strike SECTION 2.10 of the bill, adding Section 39A.117, Education Code (page 5, line 55 through page 6, line 14), and renumber subsequent SECTIONS of the ARTICLE accordingly.
(3) In SECTION 2.15 of the bill, in the transition language:
(A) Strike Subsection (b) of the SECTION (page 7, lines 12 through 14);
(B) Strike Subsections (d) and (e) of the SECTION (page 7, lines 18 through 24); and
(C) Reletter the subsections of the SECTION appropriately.
(4) Add the following appropriately numbered SECTIONS to the appropriate ARTICLE of the bill and renumber subsequent SECTIONS and ARTICLES of the bill accordingly:
SECTION ____. Sections 12.1141(b) and (d), Education Code, are amended to read as follows:
(b) At the end of the term of a charter for an open-enrollment charter school, if a charter holder submits to the commissioner a petition for expedited renewal of the charter, the charter automatically renews unless, not later than the 30th day after the date the charter holder submits the petition, the commissioner provides written notice to the charter holder that expedited renewal of the charter is denied. The commissioner may not deny expedited renewal of a charter if:
(1) the charter holder has been assigned the highest or second highest performance rating under Subchapter C, Chapter 39, for the three preceding school years;
(2) the charter holder has been assigned a financial performance accountability rating under Subchapter D, Chapter 39, indicating financial performance that is satisfactory or better for the three preceding school years; and
(3) no campus operating under the charter has been assigned an unacceptable [the lowest] performance rating under Subchapter C, Chapter 39, for the three preceding school years or such a campus has been closed.
(d) At the end of the term of a charter for an open-enrollment charter school, if a charter holder submits to the commissioner a petition for renewal of the charter, the commissioner may not renew the charter and shall allow the charter to expire if:
(1) the charter holder has been assigned an unacceptable [the lowest] performance rating under Subchapter C, Chapter 39, for any three of the five preceding school years;
(2) the charter holder has been assigned a financial accountability performance rating under Subchapter D, Chapter 39, indicating financial performance that is lower than satisfactory for any three of the five preceding school years;
(3) the charter holder has been assigned any combination of the ratings described by Subdivision (1) or (2) for any three of the five preceding school years; or
(4) any campus operating under the charter has been assigned an unacceptable [the lowest] performance rating under Subchapter C, Chapter 39, for the three preceding school years and such a campus has not been closed.
SECTION ____. Subchapter C, Chapter 39, Education Code, is amended by adding Section 39.0543 to read as follows:
Sec. 39.0543. NEEDS IMPROVEMENT OR UNACCEPTABLE PERFORMANCE RATING. (a) A reference in law to an acceptable performance or acceptable performance rating for a school district, open-enrollment charter school, district campus, or charter school campus includes an overall performance rating of D if, since previously receiving an overall performance rating of C or higher, the district, charter school, district campus, or charter school campus:
(1) has not previously received more than one overall performance rating of D; or
(2) has not received an overall performance rating of F.
(a-1) For the purposes of this section, an overall performance rating issued in a previous school year for a school district, open-enrollment charter school, district campus, or charter school campus of:
(1) met standard, academically acceptable, recognized, exemplary, A, B, or C is considered to be a performance rating of C or higher; and
(2) improvement required, academically unacceptable, or F is considered to be a rating of F.
(a-2) Subsection (a-1) and this subsection expire September 1, 2027.
(b) A reference in law to an unacceptable performance or unacceptable performance rating includes a performance rating of D if the rating does not satisfy Subsection (a).
SECTION ____. Section 39A.061(b), Education Code, is amended to read as follows:
(b) The commissioner may authorize a targeted improvement plan, [or] an updated targeted improvement plan, or a local improvement plan to supersede the provisions of and satisfy the requirements of developing, reviewing, and revising a campus improvement plan under Subchapter F, Chapter 11.
SECTION ____. Subchapter B, Chapter 39A, Education Code, is amended by adding Section 39A.065 to read as follows:
Sec. 39A.065. LOCAL IMPROVEMENT PLAN. (a) A school district, open-enrollment charter school, district campus, or charter school campus that is assigned a rating of D that qualifies under Section 39.0543(a) shall develop and implement a local improvement plan.
(b) A local improvement plan must be presented to the board of trustees of the school district or governing board of the open-enrollment charter school.
(c) The commissioner shall adopt rules to establish requirements for a local improvement plan components and training. The commissioner may not require a school district or open-enrollment charter school to submit the local improvement plan to the agency.
SECTION ____. Subchapter C, Chapter 39A, Education Code, is amended by adding Sections 39A.117 and 39A.118 to read as follows:
Sec. 39A.117. INTERVENTION FOR CERTAIN DISTRICTS OR CAMPUSES. (a) For purposes of this section:
(1) an acceptable performance rating includes:
(A) a rating of met standard, academically acceptable, recognized, exemplary, A, B, or C; or
(B) a rating of D that meets the requirements of Section 39.0543(a);
(2) an unacceptable performance rating includes:
(A) a rating of improvement required, academically unacceptable, or F; or
(B) a rating of D that meets the requirements of Section 39.0543(b); and
(3) a rating of not rated is not considered an acceptable or unacceptable performance rating and may not be considered a break in consecutive years of unacceptable performance.
(b) As soon as practicable after the effective date of S.B. 1365, Acts of the 87th Legislature, Regular Session, 2021, or similar legislation, the commissioner shall:
(1) determine the number of school years of unacceptable performance ratings occurring after the 2012-2013 school year for each school district, open-enrollment charter school, and district campus, or charter school campus by determining the number of unacceptable performance ratings assigned to each district, charter school, district campus, or charter school campus since the most recent acceptable performance rating was assigned to the district, charter school, district campus, or charter school campus;
(2) use the number of school years of unacceptable performance ratings as the base number of consecutive years of unacceptable performance for which the performance rating in the 2021-2022 school year will be added; and
(3) order the appointment of a board of managers under Section 39A.111 to the school district or charter school for each campus that is determined under Subdivision (1) to have been assigned an unacceptable performance rating for five or more school years.
(c) Exemptions from interventions authorized under Sections 11.174 and 28.020 and Section 5, Chapter 919 (H.B. 4205), Acts of the 86th Legislature, Regular Session, 2019, apply to an intervention ordered under this section and the commissioner shall make necessary modifications to an intervention ordered under this section in accordance with those provisions of law.
(d) This section may not be construed to:
(1) provide a school district or open-enrollment charter school additional remedies or appellate or other review for previous interventions, sanctions, or performance ratings ordered or assigned; or
(2) prohibit the commissioner from taking any action or ordering any intervention or sanction otherwise authorized by law.
(e) To the extent of conflict with any other transition provision affecting this section, this transition provision prevails.
(f) This section expires September 1, 2027.
Sec. 39A.118. INTERVENTION IF ASSIGNED CERTAIN PERFORMANCE NEEDS IMPROVEMENT RATING. (a) Until another performance rating is issued, the agency may not implement the intervention or sanctions as provided by Subsection (b) for a school district, open-enrollment charter school, district campus, or charter school campus, if the performance rating initiating the action under Subsection (b) is based on the first or second overall performance rating of D, since previously receiving a rating of C or higher.
(b) The following interventions are subject to a pause under Subsection (a):
(1) revocation of a charter under Section 12.115(c);
(2) annexation under Section 13.054;
(3) change in accreditation status under rules adopted for accreditation under Section 39.052; and
(4) interventions or sanctions under Section 39A.101(a), 39A.107(a) or (c), or 39A.111.
(c) The performance rating identified under Subsection (a):
(1) may not be included in calculating consecutive school years of an unacceptable performance rating; and
(2) is not considered a break in consecutive school years of an unacceptable performance rating.
(d) Interventions or sanctions implemented prior to the intervention pause under Subsection (a) shall continue during the school year for which actions under Subsection (b) are paused.
(e) This section does not apply to a commissioner action based on performance or reasons not listed as interventions under Subsection (b).
SECTION ____. Section 39A.0545, Education Code, is repealed.