Law:Title 2. Public Education. Subtitle H. Public School System Accountability (Texas)

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Subtitle H. Public School System Accountability

Contents

Chapter 39. Public School System Accountability

Subchapter B. Assessment Of Academic Skills

Section  39.021.  Essential Skills And Knowledge. The

State Board of Education by rule shall establish the essential skills and knowledge that all students should learn to achieve the goals provided under Section 4.002.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  39.022.  Assessment Program. The

State Board of Education by rule shall create and implement a statewide assessment program that is knowledge- and skills-based to ensure school accountability for student achievement that achieves the goals provided under Section 4.002. After adopting rules under this section, the State Board of Education shall consider the importance of maintaining stability in the statewide assessment program when adopting any subsequent modification of the rules.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 397, Sec. 2, eff. Sept. 1, 1999.



Section  39.023.  Adoption And Administration Of Instruments.

(a) The agency shall adopt or develop appropriate criterion-referenced assessment instruments designed to assess essential knowledge and skills in reading, writing, mathematics, social studies, and science.  All students, except students assessed under Subsection (b) or (l) or exempted under Section 39.027, shall be assessed in:

(1)  mathematics, annually in grades three through seven without the aid of technology and in grade eight with the aid of technology on any assessment instrument that includes algebra;

(2)  reading, annually in grades three through eight;

(3)  writing, including spelling and grammar, in grades four and seven;

(4)  social studies, in grade eight;

(5)  science, in grades five and eight; and

(6)  any other subject and grade required by federal law.

(a-1)  The agency shall develop assessment instruments required under Subsection (a) in a manner that allows, to the extent practicable:

(1)  the score a student receives to provide reliable information relating to a student's satisfactory performance for each performance standard under Section 39.0241; and

(2)  an appropriate range of performances to serve as a valid indication of growth in student achievement.

(b)  The agency shall develop or adopt appropriate criterion-referenced  alternative assessment instruments to be administered to each student in a special education program under Subchapter A, Chapter 29, for whom an assessment instrument adopted under Subsection (a), even with allowable accommodations, would not provide an appropriate measure of student achievement, as determined by the student's admission, review, and dismissal committee.

(c)  The agency shall also adopt end-of-course assessment instruments for secondary-level courses in Algebra I, Algebra II, geometry, biology, chemistry, physics, English I, English II, English III, world geography, world history, and United States history.  The Algebra I, Algebra II, and geometry end-of-course assessment instruments must be administered with the aid of technology.  A school district shall comply with State Board of Education rules regarding administration of the assessment instruments listed in this subsection and shall adopt a policy that requires a student's performance on an end-of-course assessment instrument for a course listed in this subsection in which the student is enrolled to account for 15 percent of the student's final grade for the course.  If a student retakes an end-of-course assessment instrument for a course listed in this subsection, as provided by Section 39.025, a school district is not required to use the student's performance on the subsequent administration or administrations of the assessment instrument to determine the student's final grade for the course.  If a student is in a special education program under Subchapter A, Chapter 29, the student's admission, review, and dismissal committee shall determine whether any allowable modification is necessary in administering to the student an assessment instrument required under this subsection.  The State Board of Education shall administer the assessment instruments.  The State Board of Education shall adopt a schedule for the administration of end-of-course assessment instruments that complies with the requirements of Subsection (c-3).

(c-1)  The agency shall develop any assessment instrument required under this section in a manner that allows for the measurement of annual improvement in student achievement as required by Sections 39.034(c) and (d).

(c-2)  The agency may adopt end-of-course assessment instruments for courses not listed in Subsection (c).  A student's performance on an end-of-course assessment instrument adopted under this subsection is not subject to the performance requirements established under Subsection (c) or Section 39.025.

(c-3)  In adopting a schedule for the administration of assessment instruments under this section, the State Board of Education shall require:

(1)  assessment instruments administered under Subsection (a) to be administered on a schedule so that the first assessment instrument is administered at least two weeks later than the date on which the first assessment instrument was administered under Subsection (a) during the 2006-2007 school year; and

(2)  the spring administration of end-of-course assessment instruments under Subsection (c) to occur in each school district not earlier than the first full week in May, except that the spring administration of the end-of-course assessment instruments in English I, English II, and English III must be permitted to occur at an earlier date.

(c-4)  To the extent practicable and subject to Section 39.024, the agency shall ensure that each end-of-course assessment instrument adopted under Subsection (c) is:

(1)  developed in a manner that measures a student's performance under the college readiness standards established under Section 28.008; and

(2)  validated by national postsecondary education experts for college readiness content and performance standards.

(c-5)  A student's performance on an end-of-course assessment instrument required under Subsection (c) must be included in the student's academic achievement record.

(c-6)  In adopting an end-of-course assessment instrument under this section, the agency shall consider the use of an existing assessment instrument that is currently available.  The agency may use an existing assessment instrument that is currently available only if the assessment instrument:

(1)  is aligned with the essential knowledge and skills of the subject being assessed; and

(2)  allows for the measurement of annual improvement in student achievement as provided by Subsection (c-1).

(d)  The commissioner may participate in multistate efforts to develop voluntary standardized end-of-course assessment instruments.  The commissioner by rule may require a school district to administer an end-of-course assessment instrument developed through the multistate efforts.  The admission, review, and dismissal committee of a student in a special education program under Subchapter A, Chapter 29, shall determine whether any allowable modification is necessary in administering to the student an end-of-course assessment instrument.

(e)  Under rules adopted by the State Board of Education, every third year, the agency shall release the questions and answer keys to each assessment instrument administered under Subsection (a), (b), (c), (d), or (l), excluding any assessment instrument administered to a student for the purpose of retaking the assessment instrument, after the last time the instrument is administered for that school year.  To ensure a valid bank of questions for use each year, the agency is not required to release a question that is being field-tested and was not used to compute the student's score on the instrument.  The agency shall also release, under board rule, each question that is no longer being field-tested and that was not used to compute a student's score.

(f)  The assessment instruments shall be designed to include assessment of a student's problem-solving ability and complex-thinking skills using a method of assessing those abilities and skills that is demonstrated to be highly reliable.

(g)  The State Board of Education may adopt one appropriate, nationally recognized, norm-referenced assessment instrument in reading and mathematics to be administered to a selected sample of students in the spring. If adopted, a norm-referenced assessment instrument must be a secured test. The state may pay the costs of purchasing and scoring the adopted assessment instrument and of distributing the results of the adopted instrument to the school districts. A district that administers the norm-referenced test adopted under this subsection shall report the results to the agency in a manner prescribed by the commissioner.

(h)  The agency shall notify school districts and campuses of the results of assessment instruments administered under this section at the earliest possible date determined by the State Board of Education but not later than the beginning of the subsequent school year.

(i)  The provisions of this section, except Subsection (d), are subject to modification by rules adopted under Section 39.022. Each assessment instrument adopted under those rules and each assessment instrument required under Subsection (d) must be reliable and valid and must meet any applicable federal requirements for measurement of student progress.

(j)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1312, Sec. 18, eff. September 1, 2007.

(l)  The State Board of Education shall adopt rules for the administration of the assessment instruments adopted under Subsection (a) in Spanish to students in grades three through five who are of limited English proficiency, as defined by Section 29.052, whose primary language is Spanish, and who are not otherwise exempt from the administration of an assessment instrument under Section 39.027(a)(1) or (2).  Each student of limited English proficiency whose primary language is Spanish, other than a student to whom Subsection (b) applies, may be assessed using assessment instruments in Spanish under this subsection for up to three years or assessment instruments in English under Subsection (a).  The language proficiency assessment committee established under Section 29.063 shall determine which students are administered assessment instruments in Spanish under this subsection.

(m)  The commissioner by rule shall develop procedures under which the language proficiency assessment committee established under Section 29.063 shall determine which students are exempt from the administration of the assessment instruments under Section 39.027(a)(1) or (2).  The rules adopted under this subsection shall ensure that the language proficiency assessment committee provides that the exempted students are administered the assessment instruments under Subsections (a) and (c) at the earliest practical date.

(n)  This subsection applies only to a student who is determined to have dyslexia or a related disorder and who is an individual with a disability under 29 U.S.C. Section 705(20) and its subsequent amendments. The agency shall adopt or develop appropriate criterion-referenced assessment instruments designed to assess the ability of and to be administered to each student to whom this subsection applies for whom the assessment instruments adopted under Subsection (a), even with allowable modifications, would not provide an appropriate measure of student achievement, as determined by the committee established by the board of trustees of the district to determine the placement of students with dyslexia or related disorders. The committee shall determine whether any allowable modification is necessary in administering to a student an assessment instrument required under this subsection. The assessment instruments required under this subsection shall be administered on the same schedule as the assessment instruments administered under Subsection (a).

(o)  The commissioner of education and the commissioner of higher education shall study the feasibility of allowing students to satisfy end-of-course requirements under Subsection (c) by successfully completing a dual credit course through an institution of higher education.  Not later than December 1, 2010, the commissioner of education and the commissioner of higher education shall make recommendations to the legislature based on the study conducted under this subsection.

(p)  On or before September 1 of each year, the commissioner shall make the following information available on the agency's Internet website for each assessment instrument administered under Subsection (a), (c), or (l):

(1)  the number of questions on the assessment instrument;

(2)  the number of questions that must be answered correctly to achieve satisfactory performance as determined by the commissioner under Section 39.0241(a);

(3)  the number of questions that must be answered correctly to achieve satisfactory performance under the college readiness performance standard as provided by Section 39.0241; and

(4)  the corresponding scale scores.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 767, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 397, Sec. 3, 8, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 8, Sec. 1, eff. April 11, 2001; Acts 2001, 77th Leg., ch. 834, Sec. 9, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 201, Sec. 25, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 430, Sec. 5, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 433, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1212, Sec. 11, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1275, Sec. 2(20), eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1312, Sec. 8, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1312, Sec. 18, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 50, eff. June 19, 2009.



Section  39.0231.  Reporting Of Results Of Certain Assessments.

The agency shall ensure that each assessment instrument administered in accordance with Section 28.0211 is scored and that the results are returned to the appropriate school district not later than 10 days after receipt of the test materials by the agency or its test contractor.

Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.18, eff. Sept. 1, 1999.



Section 39.0232.  Use Of End-of-course Assessment Instrument As Placement Instrument.

To the extent practicable, the agency shall ensure that any high school end-of-course assessment instrument developed by the agency is developed in such a manner that the assessment instrument may be used to determine the appropriate placement of a student in a course of the same subject matter at an institution of higher education.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 5.05, eff. May 31, 2006.



Section 39.0233.  Special-purpose Questions Included In End-of-course Assessment Instruments. (a) The

agency, in coordination with the Texas Higher Education Coordinating Board, shall adopt a series of questions to be included in an end-of-course assessment instrument administered under Section 39.023(c) to be used for purposes of Section 51.3062.  The questions adopted under this subsection must be developed in a manner consistent with any college readiness standards adopted under Sections 39.113 and 51.3062.

(b)  In addition to the questions adopted under Subsection (a), the agency shall adopt a series of questions to be included in an end-of-course assessment instrument administered under Section 39.023(c) to be used for purposes of identifying students who are likely to succeed in an advanced high school course.  A school district shall notify a student who performs at a high level on the questions adopted under this subsection and the student's parent or guardian of the student's performance and potential to succeed in an advanced high school course.  A school district may not require a student to perform at a particular level on the questions adopted under this subsection in order to be eligible to enroll in an advanced high school course.

(c)  The State Board of Education shall establish a level of performance on the questions adopted under this section that indicates a student's college readiness.  A student's performance on the questions adopted under this section must be evaluated separately from the student's performance on the remainder of the assessment instrument.  A student's performance on a question adopted under this section may not be used to determine the student's performance on the assessment instrument for purposes of Section 39.023 or 39.025.  The commissioner shall adopt rules concerning the reporting of a student's performance on the questions adopted under this section.

(d)  The questions adopted under this section may not be administered in a separate section of the end-of-course assessment instrument.

Added by Acts 2007, 80th Leg., R.S., Ch. 1312, Sec. 9, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 51, eff. June 19, 2009.



Section 39.0234.  Administration Of Assessment Instruments By Computer.

(a) The agency shall ensure that assessment instruments required under Section 39.023 are capable of being administered by computer.  The commissioner may not require a school district or open-enrollment charter school to administer an assessment instrument by computer.

Added by Acts 2007, 80th Leg., R.S., Ch. 1312, Sec. 9, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 52, eff. June 19, 2009.



Section 39.0235.  Technology Literacy Assessment Pilot Program.

(a) In this section, "pilot program" means the technology literacy assessment pilot program.

(b)  The commissioner by rule shall establish a pilot program in which a participating school district assesses student technology proficiency.

(c)  A school district may apply to the commissioner to participate in the pilot program.  The commissioner shall select for participation school districts from both rural and urban areas of the state.

(d)  The agency shall adopt an assessment instrument designed to assess an individual student's mastery of the essential knowledge and skills in technology to be administered by a school district participating in the pilot program. The assessment instrument adopted under this subsection must be an existing product that is currently available.

(e)  Each school year, the assessment instrument adopted under Subsection (d) shall be administered in a participating school district to each student in either fifth, sixth, seventh, eighth, or ninth grade, with the grade level and time to be determined by the district.

(f)  The assessment instrument adopted under Subsection (d) must:

(1)  be administered online;

(2)  be aligned with the essential knowledge and skills requirements for technology applications; and

(3)  incorporate performance-based measures, including a requirement that students perform certain technological tasks and respond to questions based on the completion of those tasks.

(g)  An assessment instrument administered by a participating school district must be designed in a manner to provide the district with an automatic report of the technology literacy proficiency of a district student in a format that is compatible with the school district and state data information systems.

(h)  A participating school district shall report student performance on the assessment instrument to the agency.

Added by Acts 2007, 80th Leg., R.S., Ch. 1237, Sec. 1, eff. June 15, 2007.



For expiration of Subsections (f-1) and (f-2), see Subsection (f-2).

Section 39.024.  Measure Of College Readiness.

(a) In this section, "college readiness" means the level of preparation a student must attain in English language arts and mathematics courses to enroll and succeed, without remediation, in an entry-level general education course for credit in that same content area for a baccalaureate degree or associate degree program at:

(1)  a general academic teaching institution, as defined by Section 61.003, other than a research institution, as categorized under the Texas Higher Education Coordinating Board's accountability system; or

(2)  a postsecondary educational institution that primarily offers associate degrees or certificates or credentials other than baccalaureate or advanced degrees.

(b)  The agency and the Texas Higher Education Coordinating Board shall ensure that the Algebra II and English III end-of-course assessment instruments required under Section 39.023(c) are developed to be capable of, beginning with the 2011-2012 school year, measuring college readiness.

(c)  Before the beginning of the 2011-2012 school year, the agency, in collaboration with the Texas Higher Education Coordinating Board, shall gather data and conduct research studies to substantiate the correlation between a certain level of performance by students on the Algebra II and English III end-of-course assessment instruments and college readiness.

(d)  Studies under Subsection (c) must include an evaluation of any need for remediation courses to facilitate college readiness.

(e)  Based on the results of the studies conducted under Subsection (c), the commissioner of education and the commissioner of higher education shall establish student performance standards for the Algebra II and English III end-of-course assessment instruments indicating that students have attained college readiness.

(f)  The agency, in collaboration with the Texas Higher Education Coordinating Board, shall conduct research studies similar to the studies conducted under Subsection (c) for the appropriate science and social studies end-of-course assessment instruments.  If the commissioner of education, in collaboration with the commissioner of higher education, determines that the research studies conducted under this subsection substantiate a correlation between a certain level of performance by students on science and social studies end-of-course assessment instruments and college readiness, the commissioner of education, in collaboration with the commissioner of higher education, as soon as practicable, may establish student performance standards for the science and social studies end-of-course assessment instruments indicating that students have attained college readiness.

(f-1)  Not later than December 1, 2012, the agency and the Texas Higher Education Coordinating Board shall deliver to the lieutenant governor, the speaker of the house of representatives, and the clerks of the standing committees of the senate and the house of representatives with primary jurisdiction over public education and higher education a report that includes:

(1)  an analysis of the feasibility of establishing college readiness performance standards for science and social studies end-of-course assessment instruments; and

(2)  a summary of any implementation procedures adopted for each standard.

(f-2)  Subsection (f-1) and this subsection expire January 1, 2013.

(g)  The agency, in collaboration with the Texas Higher Education Coordinating Board, shall continue to gather data to perform studies as provided under Subsections (c) and (f) at least once every three years.

(h)  The agency and the Texas Higher Education Coordinating Board shall periodically review the college readiness performance standards established under this section and compare the performance standards to performance standards established nationally and internationally for comparable assessment instruments.  Following each review, the agency and the Texas Higher Education Coordinating Board shall deliver to the lieutenant governor, the speaker of the house of representatives, and the clerks of the standing committees of the senate and the house of representatives with primary jurisdiction over public education and higher education a report on the results of the review indicating whether the college readiness performance standards established under this section are sufficiently rigorous to prepare students in this state to compete academically with students nationally and internationally.  If the agency and the Texas Higher Education Coordinating Board determine that the college readiness performance standards established under this section are not sufficiently rigorous, the agency and the Texas Higher Education Coordinating Board shall recommend changes to the college readiness performance standards.

(i)  The agency shall gather data and conduct research to substantiate any correlation between a certain level of performance by students on end-of-course assessment instruments and success in:

(1)  military service; or

(2)  a workforce training, certification, or other credential program at a postsecondary educational institution that primarily offers associate degrees or certificates or credentials other than baccalaureate or advanced degrees.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 767, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.19, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 397, Sec. 4, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 4.006, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1212, Sec. 12, 14, eff. June 20, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 53, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1328, Sec. 40, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1328, Sec. 105(a)(5), eff. September 1, 2009.



Section 39.0241.  Performance Standards.

(a) The commissioner shall determine the level of performance considered to be satisfactory on the assessment instruments.

(a-1)  The commissioner of education, in collaboration with the commissioner of higher education, shall determine the level of performance necessary to indicate college readiness, as defined by Section 39.024(a).

(a-2)  For the purpose of establishing performance across grade levels, the commissioner shall establish:

(1)  the performance standards for the Algebra II and English III end-of-course assessment instruments, as provided under Section 39.024(b) and under Subsection (a);

(2)  the performance standards for the Algebra I and English II end-of-course assessment instruments, as determined based on studies under Section 39.0242 that correlate student performance on the Algebra I and English II end-of-course assessment instruments with student performance on the Algebra II and English III assessment instruments;

(3)  the performance standards for the English I end-of-course assessment instrument, as determined based on studies under Section 39.0242 that correlate student performance on the English I end-of-course assessment instrument with student performance on the English II assessment instrument;

(4)  the performance standards for the grade eight assessment instruments, as determined based on studies under Section 39.0242 that correlate student performance on the grade eight assessment instruments with student performance on the Algebra I and English I end-of-course assessment instruments in the same content area; and

(5)  the performance standards on the assessment instruments in each of grades three through seven, as determined based on studies under Section 39.0242 that correlate student performance in the same content area on the assessment instrument for each grade with student performance on the assessment instrument in the succeeding grade.

(c)  Using funds appropriated for purposes of this subsection, the agency may develop study guides for the assessment instruments administered under Sections 39.023(a) and (c).  To assist parents in providing assistance during the period that school is recessed for summer, each school district shall make the study guides available to parents of students who do not perform satisfactorily as determined by the commissioner under Subsection (a) on one or more parts of an assessment instrument administered under this subchapter.

(d)  Using funds appropriated for purposes of this subsection, the agency shall develop and make available teacher training materials and other teacher training resources to assist teachers in enabling students of limited English proficiency to meet state performance expectations.  The teacher training resources shall be designed to support intensive, individualized, and accelerated instructional programs developed by school districts for students of limited English proficiency.

Added by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 53, eff. June 19, 2009.



Section 39.0242.  Performance Standards:  Research Studies And Implementation Of Standards.

(a) During the 2009-2010 and 2010-2011 school years, the agency shall collect data through:

(1)  the annual administration of assessment instruments required under Section 39.023(a) in grades three through eight; and

(2)  the administration to a sufficiently large sample of students throughout the state of end-of-course assessment instruments required under Section 39.023(c) for the purpose of setting performance standards.

(b)  Before the beginning of the 2011-2012 school year, the agency shall analyze the data collected under Subsection (a) to substantiate:

(1)  the correlation between satisfactory student performance for each performance standard under Section 39.0241 on the grade three, four, five, six, or seven assessment instruments with satisfactory performance under the same performance standard on the assessment instruments in the same content area for the next grade level;

(2)  the correlation between satisfactory student performance for each performance standard under Section 39.0241 on the grade eight assessment instruments with satisfactory performance under the same performance standard on the Algebra I and English I end-of-course assessment instruments in the same content area;

(3)  the correlation between satisfactory student performance for each performance standard under Section 39.0241 on the English I end-of-course assessment instrument with satisfactory performance under the same performance standard on the English II end-of-course assessment instrument;

(4)  the correlation between satisfactory student performance for each performance standard under Section 39.0241 on the English II end-of-course assessment instrument with satisfactory performance under the same performance standard on the English III end-of-course assessment instrument; and

(5)  the correlation between satisfactory student performance for each performance standard under Section 39.0241 on the Algebra I end-of-course assessment instrument with satisfactory performance under the same performance standard on the Algebra II end-of-course assessment instrument.

(c)  Studies under this section must include an evaluation of any need for remediation courses to facilitate college readiness.

(d)  The agency shall continue to gather data and perform studies as provided under this section at least once every three years.  If the data do not support the correlation between student performance standards and college readiness, the commissioner of education, in collaboration with the commissioner of higher education, shall revise the standard of performance considered to be satisfactory.

(e)  Based on the data collected and studies performed periodically under Subsection (d), the commissioner shall increase the rigor of the performance standard established under Section 39.0241(a) as the commissioner determines necessary.

Added by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 53, eff. June 19, 2009.



Section 39.025.  Secondary-level Performance Required.

(a) The commissioner shall adopt rules requiring a student participating in the recommended or advanced high school program to be administered each end-of-course assessment instrument listed in Section 39.023(c) and requiring a student participating in the minimum high school program to be administered an end-of-course assessment instrument listed in Section 39.023(c) only for a course in which the student is enrolled and for which an end-of-course assessment instrument is administered.  A student is required to achieve, in each subject in the foundation curriculum under Section 28.002(a)(1), a cumulative score that is at least equal to the product of the number of end-of-course assessment instruments administered to the student in that subject and a scale score that indicates satisfactory performance, as determined by the commissioner under Section 39.0241(a).  A student must achieve a minimum score as determined by the commissioner to be within a reasonable range of the scale score under Section 39.0241(a) on an end-of-course assessment instrument for the score to count towards the student's cumulative score.  For purposes of this subsection, a student's cumulative score is determined using the student's highest score on each end-of-course assessment instrument administered to the student.  A student may not receive a high school diploma until the student has performed satisfactorily on the end-of-course assessment instruments in the manner provided under this subsection.  This subsection does not require a student to demonstrate readiness to enroll in an institution of higher education.

(a-1)  The commissioner by rule shall determine a method by which a student's satisfactory performance on an advanced placement test, international baccalaureate examination, an SAT Subject Test, or another assessment instrument determined by the commissioner to be at least as rigorous as an end-of-course assessment instrument adopted under Section 39.023(c) may be used as a factor in determining whether the student satisfies the requirements of Subsection (a), including the cumulative score requirement of that subsection.  The commissioner by rule may determine a method by which a student's satisfactory performance on a Preliminary Scholastic Assessment Test (PSAT) assessment or a preliminary American College Test (ACT) assessment may be used as a factor in determining whether the student satisfies the requirements of Subsection (a).

(a-2)  In addition to the cumulative score requirements under Subsection (a), a student must achieve a score that meets or exceeds the score determined by the commissioner under Section 39.0241(a) for English III and Algebra II end-of-course assessment instruments to graduate under the recommended high school program.

(a-3)  In addition to the cumulative score requirements under Subsection (a), a student must achieve a score that meets or exceeds the score determined by the commissioner under Section 39.0241(a-1) on English III and Algebra II end-of-course assessment instruments in order to graduate under the advanced high school program.

(b)  Each time an end-of-course assessment instrument is administered, a student who failed to achieve a minimum score under Subsection (a) shall retake the assessment instrument. A student who fails to perform satisfactorily on an Algebra II or English III end-of-course assessment instrument under the college readiness performance standard, as provided under Section 39.024(b), may retake the assessment instrument. Any other student may retake an end-of-course assessment instrument for any reason.  A student is not required to retake a course as a condition of retaking an end-of-course assessment instrument.

(b-1)  A school district shall provide each student who fails to perform satisfactorily as determined by the commissioner under Section 39.0241(a) on an end-of-course assessment instrument with accelerated instruction in the subject assessed by the assessment instrument.

(b-2)  If a school district determines that a student, on completion of grade 11, is unlikely to achieve the cumulative score requirements for one or more subjects prescribed by Subsection (a) for receiving a high school diploma, the district shall require the student to enroll in a corresponding content-area college preparatory course for which an end-of-course assessment instrument has been adopted, if available.  A student who enrolls in a college preparatory course described by this subsection shall be administered an end-of-course assessment instrument for the course, with the end-of-course assessment instrument scored on a scale as determined by the commissioner not to exceed 20 percent of the cumulative score requirements required to graduate as determined under Subsection (a).  A student may use the student's score on the end-of-course assessment instrument for the college preparatory course towards satisfying the cumulative score requirements prescribed by Subsection (a).

(c)  A student who has been denied a high school diploma under this section and who subsequently performs at the level necessary to comply with the requirements of this section shall be issued a high school diploma.

(c-1)  A school district may not administer an assessment instrument required for graduation administered under this section as this section existed before September 1, 1999.  A school district may administer to a student who failed to perform satisfactorily on an assessment instrument described by this subsection an alternate assessment instrument designated by the commissioner.  The commissioner shall determine the level of performance considered to be satisfactory on an alternate assessment instrument.  The district may not administer to the student an assessment instrument or a part of an assessment instrument that assesses a subject that was not assessed in an assessment instrument required for graduation administered under this section as this section existed before September 1, 1999.  The commissioner shall make available to districts information necessary to administer the alternate assessment instrument authorized by this subsection.  The commissioner's determination regarding designation of an appropriate alternate assessment instrument under this subsection and the performance required on the assessment instrument is final and may not be appealed.

(d)  Notwithstanding Subsection (a), the commissioner by rule shall adopt one or more alternative nationally recognized norm referenced assessment instruments under this section to administer to a student to qualify for a high school diploma if the student enrolls after January 1 of the school year in which the student is otherwise eligible to graduate:

(1)  for the first time in a public school in this state; or

(2)  after an absence of at least four years from any public school in this state.

(e)  The commissioner shall establish a required performance level for an assessment instrument adopted under Subsection (d) that is at least as rigorous as the performance level required to be met under Subsection (a).

(f)  The commissioner shall by rule adopt a transition plan to implement the amendments made by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007, replacing general subject assessment instruments administered at the high school level with end-of-course assessment instruments.  The rules must provide for the end-of-course assessment instruments adopted under Section 39.023(c) to be administered beginning with students entering the ninth grade during the 2011-2012 school year.  During the period under which the transition to end-of-course assessment instruments is made:

(1)  for students entering a grade above the ninth grade during the 2011-2012 school year, the commissioner shall retain, administer, and use for purposes of accreditation and other campus and district accountability measures under this chapter the assessment instruments required by Section 39.023(a) or (c), as that section existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007;

(2)  a student subject to Subdivision (1) may not receive a high school diploma unless the student has performed satisfactorily on each required assessment instrument administered under Section 39.023(c) as that section existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007; and

(3)  the agency may defer releasing assessment instrument questions and answer keys as required by Section 39.023(e) to the extent necessary to develop additional assessment instruments.

(g)  Rules adopted under Subsection (f) must require that each student who will be subject to the requirements of Subsection (a) is entitled to notice of the specific requirements applicable to the student.  Notice under this subsection must be provided not later than the date the student enters the eighth grade.  Subsection (f) and this subsection expire September 1, 2015.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 767, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 397, Sec. 5, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 164, Sec. 6, eff. May 27, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1312, Sec. 10, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 54, eff. June 19, 2009.



Section  39.026.  Local Option.

In addition to the assessment instruments adopted by the agency and administered by the State Board of Education, a school district may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. A norm-referenced assessment instrument adopted under this section must be economical, nationally recognized, and state-approved.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section 39.0261.  College Preparation Assessments.

(a) In addition to the assessment instruments otherwise authorized or required by this subchapter:

(1)  each school year and at state cost, a school district shall administer to students in the spring of the eighth grade an established, valid, reliable, and nationally norm-referenced preliminary college preparation assessment instrument for the purpose of diagnosing the academic strengths and deficiencies of students before entrance into high school;

(2)  each school year and at state cost, a school district shall administer to students in the 10th grade an established, valid, reliable, and nationally norm-referenced preliminary college preparation assessment instrument for the purpose of measuring a student's progress toward readiness for college and the workplace; and

(3)  high school students in the spring of the 11th grade or during the 12th grade may select and take once, at state cost, one of the valid, reliable, and nationally norm-referenced assessment instruments used by colleges and universities as part of their undergraduate admissions processes.

(b)  The agency shall:

(1)  select and approve vendors of the specific assessment instruments administered under this section; and

(2)  pay all fees associated with the administration of the assessment instrument from funds allotted under the Foundation School Program, and the commissioner shall reduce the total amount of state funds allocated to each district from any source in the same manner described for a reduction in allotments under Section 42.253.

(c)  The agency shall ensure that vendors are not paid under Subsection (b) for the administration of an assessment instrument to a student to whom the assessment instrument is not actually administered.  The agency may comply with this subsection by any reasonable means, including by creating a refund system under which a vendor returns any payment made for a student who registered for the administration of an assessment instrument but did not appear for the administration.

(d)  A vendor that administers an assessment instrument for a district under this section shall report the results of the assessment instrument to the agency.  The agency shall:

(1)  include a student's results on the assessment instrument in the electronic student records system established under Section 7.010; and

(2)  ensure that a student and the student's parent receive a report of the student's results on the assessment instrument.

(e)  Subsection (a)(3) does not prohibit a high school student in the spring of the 11th grade or during the 12th grade from selecting and taking, at the student's own expense, one of the valid, reliable, and nationally norm-referenced assessment instruments used by colleges and universities as part of their undergraduate admissions processes more than once.

(f)  The provisions of this section apply only if the legislature appropriates funds for purposes of this section.

Added by Acts 2007, 80th Leg., R.S., Ch. 1312, Sec. 11, eff. September 1, 2007.



Section 39.0262.  Administration Of District-required Assessment Instruments In Certain Subject Areas.

(a) In a subject area for which assessment instruments are administered under Section 39.023, a school district may not administer locally required assessment instruments designed to prepare students for state-administered assessment instruments to any student on more than 10 percent of the instructional days in any school year.  A campus-level planning and decision-making committee established under Section 11.251 may limit the administration of locally required assessment instruments under this subsection to 10 percent or a lower percentage of the instructional days in any school year.

(b)  The prohibition prescribed by this section does not apply to the administration of a college preparation assessment instrument, an advanced placement test, an international baccalaureate examination, or an assessment instrument administered under Section 39.023.

Added by Acts 2007, 80th Leg., R.S., Ch. 1312, Sec. 11, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 55, eff. June 19, 2009.



Section  39.027.  Exemption.

(a) A student may be administered an accommodated or alternative assessment instrument or may be granted an exemption from or a postponement of the administration of an assessment instrument under:

(1)   Section 39.023(a), (b), (c), or (l) for a period of up to one year after initial enrollment in a school in the United States if the student is of limited English proficiency, as defined by Section 29.052, and has not demonstrated proficiency in English as determined by the assessment system under Subsection (e);

(2)  Section 39.023(a), (b), (c), or (l) for a period of up to two years in addition to the exemption period authorized by Subdivision (1) if the student has received an exemption under Subdivision (1) and:

(A)  is a recent unschooled immigrant; or

(B)  is in a grade for which no assessment instrument in the primary language of the student is available; or

(3)  Section 39.023(a), (b), (c), or (l) for a period of up to four years, in addition to the exemption period authorized under Subdivision (1), if the student's initial enrollment in a school in the United States was as an unschooled asylee or refugee.

(a-1)  For purposes of this section, "unschooled asylee or refugee" means a student who:

(1)  initially enrolled in a school in the United States as:

(A)  an asylee as defined by 45 C.F.R. Section 400.41; or

(B)  a refugee as defined by 8 U.S.C. Section 1101;

(2)  has a visa issued by the United States Department of State with a Form I-94 Arrival/Departure record, or a successor document, issued by the United States Citizenship and Immigration Services that is stamped with "Asylee," "Refugee," or "Asylum"; and

(3)  as a result of inadequate schooling outside of the United States, lacks the necessary foundation in the essential knowledge and skills of the curriculum prescribed under Section 28.002, as determined by the language proficiency assessment committee established under Section 29.063.

(b)  The State Board of Education shall adopt rules under which a dyslexic student who is not exempt under Subsection (a) may use procedures including oral examinations if appropriate or may be allowed additional time or the materials or technology necessary for the student to demonstrate the student's mastery of the competencies the assessment instruments are designed to measure.

(c)  The commissioner shall develop and adopt a process for reviewing the exemption process of a school district or shared services arrangement that gives an exemption under Subsection (a)(1) as follows:

(1)  to more than five percent of the students in the special education program, in the case of a district or shared services arrangement with an average daily attendance of at least 1,600;

(2)  to more than 10 percent of the students in the special education program, in the case of a district or shared services arrangement with an average daily attendance of at least 190 and not more than 1,599; or

(3)  to the greater of more than 10 percent of the students in the special education program or to at least five students in the special education program, in the case of a district or shared services arrangement with an average daily attendance of not more than 189.

(d)  Expired.

(e)  The commissioner shall develop an assessment system that shall be used for evaluating the academic progress, including reading proficiency in English, of all students of limited English proficiency, as defined by Section 29.052.  A student who is exempt from the administration of an assessment instrument under Subsection (a)(1) or (2) who achieves reading proficiency in English as determined by the assessment system developed under this subsection shall be administered the assessment instruments described by Sections 39.023(a) and (c).  The performance under the assessment system developed under this subsection of students to whom Subsection (a)(1) or (2) applies shall be included in the indicator systems under Section 39.301, as applicable, the performance report under Section 39.306, and the comprehensive annual report under Section 39.332.  This information shall be provided in a manner that is disaggregated by the bilingual education or special language program, if any, in which the student is enrolled.

(f)  In this section, "average daily attendance" is computed in the manner provided by Section 42.005.

(g)  For purposes of this section, "recent unschooled immigrant" means an immigrant who initially enrolled in a school in the United States not more than 12 months before the date of the administration of an assessment instrument under Section 39.023(a) or (l) and who, as a result of inadequate schooling outside of the United States, lacks the necessary foundation in the essential knowledge and skills of the curriculum prescribed under Section 28.002 as determined by the language proficiency assessment committee established under Section 29.063. For purposes of this subsection and to the extent authorized by federal law, a child's prior enrollment in a school in the United States shall be determined on the basis of documents and records required under Section 25.002(a).

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 767, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 397, Sec. 6, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 8, Sec. 2, eff. April 11, 2001; Acts 2001, 77th Leg., ch. 725, Sec. 3, eff. June 13, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 6.007, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1340, Sec. 4, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 56, eff. June 19, 2009.



Section  39.028.  Comparison Of State Results To National Results. The

state assessment program shall obtain nationally comparative results for the subject areas and grade levels for which criterion-referenced assessment instruments are adopted under Section 39.023.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  39.029.  Migratory Children. The

State Board of Education by rule may provide alternate dates for the administration of the assessment instruments to a student who is a migratory child as defined by 20 U.S.C. Section 6399. The alternate dates may be chosen following a consideration of migrant work patterns, and the dates selected may afford maximum opportunity for the students to be present when the assessment instruments are administered.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  39.030.  Confidentiality; Performance Reports.

(a) In adopting academic skills assessment instruments under this subchapter, the State Board of Education or a school district shall ensure the security of the instruments and tests in their preparation, administration, and grading. Meetings or portions of meetings held by the State Board of Education or a school district at which individual assessment instruments or assessment instrument items are discussed or adopted are not open to the public under Chapter 551, Government Code, and the assessment instruments or assessment instrument items are confidential.

(b)  The results of individual student performance on academic skills assessment instruments administered under this subchapter are confidential and may be released only in accordance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). However, overall student performance data shall be aggregated by ethnicity, sex, grade level, subject area, campus, and district and made available to the public, with appropriate interpretations, at regularly scheduled meetings of the board of trustees of each school district. The information may not contain the names of individual students or teachers.

(c)  Repealed by Acts 2001, 77th Leg., ch. 767, Sec. 11, eff. June 13, 2001.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 767, Sec. 11, eff. June 13, 2001.



Section 39.0301.  Security In Administration Of Assessment Instruments.

(a) The commissioner:

(1)  shall establish procedures for the administration of assessment instruments adopted or developed under Section 39.023, including procedures designed to ensure the security of the assessment instruments; and

(2)  may establish record retention requirements for school district records related to the security of assessment instruments.

(b)  The commissioner may develop and implement statistical methods and standards for identifying potential violations of procedures established under Subsection (a) to ensure the security of assessment instruments adopted or developed under Section 39.023.  In developing the statistical methods and standards, the commissioner may include indicators of:

(1)  potential violations that are monitored annually; and

(2)  patterns of inappropriate assessment practices that occur over time.

(c)  The commissioner may establish one or more advisory committees to advise the commissioner and agency regarding the monitoring of assessment practices and the use of statistical methods and standards for identifying potential violations of assessment instrument security, including standards to be established by the commissioner for selecting school districts for investigation for a potential assessment security violation under Subsection (e).  The commissioner may not appoint an agency employee to an advisory committee established under this subsection.

(d)  Any document created for the deliberation of an advisory committee established under Subsection (c) or any recommendation of such a committee is confidential and not subject to disclosure under Chapter 552, Government Code.  Except as provided by Subsection (e), the statistical methods and standards adopted under this section and the results of applying those methods and standards are confidential and not subject to disclosure under Chapter 552, Government Code.

(e)  The agency may conduct an investigation of a school district for a potential violation of assessment instrument security in accordance with the standards described by Subsection (c).  Each school year, after completing all investigations of school districts selected for investigation, the agency shall disclose the identity of each district selected for investigation and the statistical methods and standards used to select the district.

(f)  At any time, the commissioner may authorize the audit of a random sample of school districts to determine the compliance of the districts with procedures established under Subsection (a).  The identity of each school district selected for audit under this subsection is confidential and not subject to disclosure under Chapter 552, Government Code, except that the agency shall disclose the identity of each district after completion of the audit.

(g)  The state auditor may conduct a risk-based audit of a school district at any time to ensure the security of assessment instruments administered under Section 39.023 in the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 1312, Sec. 12, eff. September 1, 2007.



Section 39.0302.  Issuance Of Subpoenas.

(a) During an agency investigation or audit of a school district under Section 39.0301(e) or (f), an accreditation investigation under Section 39.075(a)(8), or an investigation by the State Board for Educator Certification of an educator for an alleged violation of an assessment instrument security procedure established under Section 39.0301(a), the commissioner may issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is located in this state.

(b)  A subpoena may be served personally or by certified mail.

(c)  If a person fails to comply with a subpoena, the commissioner, acting through the attorney general, may file suit to enforce the subpoena in a district court in this state.  On finding that good cause exists for issuing the subpoena, the court shall order the person to comply with the subpoena.  The court may punish a person who fails to obey the court order.

(d)  All information and materials subpoenaed or compiled in connection with an investigation or audit described by Subsection (a):

(1)  are confidential and not subject to disclosure under Chapter 552, Government Code; and

(2)  are not subject to disclosure, discovery, subpoena, or other means of legal compulsion for release to any person other than:

(A)  the commissioner or the State Board for Educator Certification, as applicable;

(B)  agency employees or agents involved in the investigation, as applicable; and

(C)  the office of the attorney general, the state auditor's office, and law enforcement agencies.

Added by Acts 2007, 80th Leg., R.S., Ch. 1312, Sec. 12, eff. September 1, 2007.



Section 39.0303.  Secure Assessment Instruments; Criminal Penalty.

(a) A person commits an offense if:

(1)  the person intentionally discloses the contents of any portion of a secure assessment instrument developed or administered under this subchapter, including the answer to any item in the assessment instrument; and

(2)  the disclosure affects or is likely to affect the individual performance of one or more students on the assessment instrument.

(b)  An offense under this section is a Class C misdemeanor.

Added by Acts 2007, 80th Leg., R.S., Ch. 1312, Sec. 12, eff. September 1, 2007.



Section 39.0304.  Training In Assessment Instrument Administration.

(a) To ensure that each administration of assessment instruments under Section 39.023 is valid, reliable, and in compliance with the requirements of this subchapter, the commissioner may require training for school district employees involved in the administration of the assessment instruments.

(b)  The training under Subsection (a) may include a qualifying component to ensure that school district employees involved in the administration of assessment instruments under Section 39.023 possess the necessary skills and knowledge required to administer the assessment instruments.

(c)  The commissioner may adopt rules necessary to implement this section.

Added by Acts 2007, 80th Leg., R.S., Ch. 1312, Sec. 12, eff. September 1, 2007.



Section 39.031.  Cost.

The cost of preparing, administering, or grading the assessment instruments and releasing the question and answer keys under Section 39.023(e) shall be paid from amounts appropriated to the agency.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 767, Sec. 5, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1328, Sec. 41, eff. September 1, 2009.



Section  39.032.  Assessment Instrument Standards; Civil Penalty. (a)

Repealed by Acts 2009, 81st Leg., R.S., Ch. 1210, Sec. 2, eff. June 19, 2009.

(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1210, Sec. 2, eff. June 19, 2009.

(c)  State and national norms of averages shall be computed using data that are not more than eight years old at the time the assessment instrument is administered and that are representative of the group of students to whom the assessment instrument is administered.

(c-1)  The standardization norms computed under Subsection (c) shall be:

(1)  based on a national probability sample that meets accepted standards for educational and psychological testing; and

(2)  updated at least every eight years using proven psychometric procedures approved by the State Board of Education.

(c-2)  The eight-year limitation on data to compute norms under this section does not apply if only data older than eight years is available for an assessment instrument.  The commissioner by rule may limit the exception created by this subsection based on the type of assessment instrument.

(d)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1210, Sec. 2, eff. June 19, 2009.

(e)  The State Board of Education shall adopt rules for the implementation of this section and for the maintenance of the security of the contents of all assessment instruments.

(f)  In this section, "assessment instrument" means a group-administered achievement test.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1210, Sec. 1, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1210, Sec. 2, eff. June 19, 2009.



Section  39.033.  Voluntary Assessment Of Private School Students.

(a) Under an agreement with the agency, a private school may administer an assessment instrument adopted under this subchapter to students at the school.

(b)  An agreement under this section must require the private school to:

(1)  as determined appropriate by the commissioner, provide to the commissioner the information described by Sections 39.053(c) and 39.301(c); and

(2)  maintain confidentiality in compliance with Section 39.030.

(c)  A private school must reimburse the agency for the cost of administering an assessment instrument under this section. The State Board of Education shall determine the cost under this section. The per-student cost may not exceed the cost of administering the same assessment to a student enrolled in a public school district.

(d)  In this section, "private school" means a school that:

(1)  offers a general education to elementary or secondary students; and

(2)  is not operated by a governmental entity.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 57, eff. June 19, 2009.



Section 39.034.  Measure Of Annual Improvement In Student Achievement.

(a) The commissioner shall determine a method by which the agency may measure annual improvement in student achievement from one school year to the next on an assessment instrument required under this subchapter.

(b)  For students of limited English proficiency, as defined by Section 29.052, the agency shall use a student's performance data on reading proficiency assessment instruments in English and one other language to calculate the student's progress toward dual language proficiency.

(c)  The agency shall use a student's previous years' performance data on an assessment instrument required under this subchapter to determine the student's expected annual improvement.  The agency shall report that expected level of annual improvement and the actual level of annual improvement achieved to the district.  The report must state whether the student fell below, met, or exceeded the agency's expectation for improvement.

(d)  The agency shall determine the necessary annual improvement required each year for a student to be prepared to perform satisfactorily on, as applicable:

(1)  the grade five assessment instruments;

(2)  the grade eight assessment instruments; and

(3)  the end-of-course assessment instruments required under this subchapter for graduation.

(d-1)  The agency shall report the necessary annual improvement required under Subsection (d) to the district.  Each year, the report must state whether the student fell below, met, or exceeded the necessary target for improvement.

(e)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 66(1), eff. June 19, 2009.

(f)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 66(1), eff. June 19, 2009.

(g)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 66(1), eff. June 19, 2009.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 3.09, eff. May 31, 2006.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1312, Sec. 13, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 58, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 66(1), eff. June 19, 2009.



Section 39.035.  Limitation On Field Testing Of Assessment Instruments.

(a) Subject to Subsection (b), the agency may conduct field testing of questions for any assessment instrument administered under Section 39.023(a), (b), (c), (d), or (l) that is separate from the administration of the assessment instrument not more frequently than every other school year.

(b)  Subsection (a) does not limit field testing necessary to develop new assessment instruments required under state or federal law.

(c)  Before the beginning of each school year, the agency shall notify each school district regarding the required participation of the district in field testing activities during that school year.

Added by Acts 2007, 80th Leg., R.S., Ch. 1312, Sec. 14, eff. September 1, 2007.



Section 39.036.  Vertical Scale For Certain Assessment Instruments.

(a) The agency shall develop a vertical scale for assessing student performance on assessment instruments administered under Sections 39.023(a)(1) and (2) in a manner that allows the agency to compare the performance of a student on the assessment instruments from one grade level to the next.

(b)  The commissioner shall adopt rules necessary to implement this section.

Added by Acts 2007, 80th Leg., R.S., Ch. 1312, Sec. 14, eff. September 1, 2007.



Section 39.037.  International Assessment Instrument Program.

(a) In this section, "program" means the international assessment instrument program.

(b)  The  commissioner shall establish a program under which a participating school district administers international assessment instruments to students in the district.

(c)  A school district may apply to the commissioner to participate in the program.  The commissioner shall select for participation school districts from both rural and urban areas of the state.  If necessary, the commissioner may require a school district to participate in the program.

(d)  A participating school district shall administer international assessment instruments as required by the commissioner.

(e)  In administering the program, the commissioner shall:

(1)  compare the performance on the international assessment instruments of students in this state with students of the same grade level in other countries;

(2)  compare the international assessment instruments with state assessment instruments and state educational goals; and

(3)  provide professional development for educators in the interpretation and use of results of the international assessment instruments.

(f)  Each biennium the commissioner may use funds appropriated for the Foundation School Program to provide funding for the program in an amount not to exceed $2 million.

(g)  Not later than January 1 of each odd-numbered year, the commissioner shall prepare and deliver a report describing the results of student performance on the international assessment instruments to the governor, the lieutenant governor, the speaker of the house of representatives, each member of the legislature, and each school district.

(h)  The commissioner may adopt rules necessary to administer this section.

Added by Acts 2007, 80th Leg., R.S., Ch. 754, Sec. 1, eff. June 15, 2007.



Subchapter C. Accreditation

Section 39.051.  Accreditation Status.

Accreditation of a school district is determined in accordance with this subchapter.  The commissioner by rule shall determine in accordance with this subchapter the criteria for the following accreditation statuses:

(1)  accredited;

(2)  accredited-warned; and

(3)  accredited-probation.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 767, Sec. 6, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.20, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 397, Sec. 7, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1422, Sec. 3, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 8, Sec. 3, eff. April 11, 2001; Acts 2001, 77th Leg., ch. 725, Sec. 4, 5, eff. June 13, 2001; Acts 2001, 77th Leg., ch. 834, Sec. 10, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 4.007, 4.008, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 201, Sec. 26, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 433, Sec. 2, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 805, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 3.10, eff. May 31, 2006.

Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 3.11, eff. May 31, 2006.

Acts 2007, 80th Leg., R.S., Ch. 1312, Sec. 15, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1340, Sec. 5, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.052.  Determination Of Accreditation Status Or Performance Rating.

(a) Each year, the commissioner shall determine the accreditation status of each school district.

(b)  In determining the accreditation status of a school district, the commissioner:

(1)  shall evaluate and consider:

(A)  performance on student achievement indicators described by Section 39.053(c); and

(B)  performance under the financial accountability rating system developed under Subchapter D; and

(2)  may evaluate and consider:

(A)  the district's compliance with statutory requirements and requirements imposed by rule of the commissioner or State Board of Education under specific statutory authority that relate to:

(i)  reporting data through the Public Education Information Management System (PEIMS) or other reports required by state or federal law or court order;

(ii)  the high school graduation requirements under Section 28.025; or

(iii)  an item listed under Sections 7.056(e)(3)(C)-(I) that applies to the district;

(B)  the effectiveness of the district's programs for special populations; and

(C)  the effectiveness of the district's career and technology program.

(c)  Based on a school district's performance under Subsection (b), the commissioner shall:

(1)  assign each district an accreditation status; or

(2)  revoke the accreditation of the district and order closure of the district.

(d)  A school district's accreditation status may be raised or lowered based on the district's performance or may be lowered based on the performance of one or more campuses in the district that is below a standard required under this subchapter.

(e)  The commissioner shall notify a school district that receives an accreditation status of accredited-warned or accredited-probation or a campus that performs below a standard required under this subchapter that the performance of the district or campus is below a standard required under this subchapter.  The commissioner shall require the district to notify the parents of students enrolled in the district and property owners in the district of the district's accreditation status and the implications of that accreditation status.

(f)  A school district that is not accredited may not receive funds from the agency or hold itself out as operating a public school of this state.

(g)  This chapter may not be construed to invalidate a diploma awarded, course credit earned, or grade promotion granted by a school district before the commissioner revoked the district's accreditation.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.21, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1514, Sec. 1, eff. June 19, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 4.009, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1269, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 3.12, eff. May 31, 2006.

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.053.  Performance Indicators: Student Achievement.

(a) The commissioner shall adopt a set of indicators of the quality of learning and student achievement.  The commissioner biennially shall review the indicators for the consideration of appropriate revisions.

(b)  Performance on the student achievement indicators adopted under this section shall be compared to state-established standards.   The indicators must be based on information that is disaggregated by race, ethnicity, and socioeconomic status.

(c)  Indicators of student achievement adopted under this section must include:

(1)  the results of assessment instruments required under Sections 39.023(a), (c), and (l), including the results of assessment instruments required for graduation retaken by a student, aggregated across grade levels by subject area, including:

(A)  for the performance standard determined by the commissioner under Section 39.0241(a):

(i)  the percentage of students who performed satisfactorily on the assessment instruments, aggregated across grade levels by subject area; and

(ii)  for students who did not perform satisfactorily, the percentage of students who met the standard for annual improvement, as determined by the agency under Section 39.034, on the assessment instruments, aggregated across grade levels by subject area; and

(B)  for the college readiness performance standard as determined under Section 39.0241:

(i)  the percentage of students who performed satisfactorily on the assessment instruments, aggregated across grade levels by subject area; and

(ii)  for students who did not perform satisfactorily, the percentage of students who met the standard for annual improvement, as determined by the agency under Section 39.034, on the assessment instruments, aggregated across grade levels by subject area;

(2)  dropout rates, including dropout rates and district completion rates for grade levels 9 through 12, computed in accordance with standards and definitions adopted by the National Center for Education Statistics of the United States Department of Education; and

(3)  high school graduation rates, computed in accordance with standards and definitions adopted in compliance with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et seq.).

(d)  For purposes of Subsection (c), the commissioner by rule shall determine the period within which a student must retake an assessment instrument for that assessment instrument to be considered in determining the performance rating of the district under Section 39.054.

(e)   Performance on the student achievement indicators under Subsections (c)(1) and (2) shall be compared to state standards and required improvement.  The state standard shall be established by the commissioner.  Required improvement is the progress necessary for the campus or district to meet state standards and, for the student achievement indicator under Subsection (c)(1), for its students to meet each of the performance standards as determined under Section 39.0241.

(f)   Annually, the commissioner shall define the state standard for the current school year for each student achievement indicator described by Subsection (c) and shall project the state standards for each indicator for the following two school years.  The commissioner shall periodically raise the state standards for the student achievement indicator described by Subsection (c)(1)(B)(i) for accreditation as necessary to reach the goals of achieving, by not later than the 2019-2020 school year:

(1)  student performance in this state, disaggregated by race, ethnicity, and socioeconomic status, that ranks nationally in the top 10 states in terms of college readiness; and

(2)  student performance, including the percentage of students graduating under the recommended or advanced high school program, with no significant achievement gaps by race, ethnicity, and socioeconomic status.

(g)  In defining the required state standard for the indicator described by Subsection (c)(2), the commissioner may not consider as a dropout a student whose failure to attend school results from:

(1)  the student's expulsion under Section 37.007; and

(2)  as applicable:

(A)  adjudication as having engaged in delinquent conduct or conduct indicating a need for supervision, as defined by Section 51.03, Family Code; or

(B)  conviction of and sentencing for an offense under the Penal Code.

(g-1)  In computing dropout and completion rates under Subsection (c)(2), the commissioner shall exclude:

(1)  students who are ordered by a court to attend a high school equivalency certificate program but who have not yet earned a high school equivalency certificate;

(2)  students who were previously reported to the state as dropouts;

(3)  students in attendance who are not in membership for purposes of average daily attendance;

(4)  students whose initial enrollment in a school in the United States in grades 7 through 12 was as unschooled refugees or asylees as defined by Section 39.027(a-1);

(5)  students who are in the district exclusively as a function of having been detained at a county detention facility but are otherwise not students of the district in which the facility is located; and

(6)  students who are incarcerated in state jails and federal penitentiaries as adults and as persons certified to stand trial as adults.

(h)  Each school district shall cooperate with the agency in determining whether a student is a dropout for purposes of accreditation and evaluating performance by school districts and campuses under this chapter.

(i)  The commissioner by rule shall adopt accountability measures to be used in assessing the progress of students who have failed to perform satisfactorily as determined by the commissioner under Section 39.0241(a) or under the college readiness standard as determined under Section 39.0241 in the preceding school year on an assessment instrument required under Section 39.023(a), (c), or (l).

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 510, Sec. 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1417, Sec. 2, eff. June 19, 1999; Acts 2001, 77th Leg., ch. 725, Sec. 6, eff. June 13, 2001; Acts 2001, 77th Leg., ch. 834, Sec. 11, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 4.010, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1055, Sec. 24, eff. June 20, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.054.  Methods And Standards For Evaluating Performance.

(a) The commissioner shall adopt rules to evaluate school district and campus performance and, not later than August 8 of each year, assign each district and campus a performance rating that reflects acceptable performance or unacceptable performance.  If a district or campus received a performance rating of unacceptable performance for the preceding school year, the commissioner shall notify the district of a subsequent such designation on or before June 15.

(b)  In evaluating performance, the commissioner shall evaluate against state standards and consider the performance of each campus in a school district and each open-enrollment charter school on the basis of the campus's or school's performance on the student achievement indicators adopted under Section 39.053(c).

(b-1)   Consideration of the effectiveness of district programs under Section 39.052(b)(2)(B) or (C):

(1)  must:

(A)  be based on data collected through the Public Education Information Management System (PEIMS) for purposes of accountability under this chapter; and

(B)  include the results of assessments required under Section 39.023; and

(2)  may be based on the results of a special accreditation investigation conducted under Section 39.057.

(c)  In evaluating school district and campus performance on the student achievement indicators adopted under Sections 39.053(c)(1) and (2), the commissioner shall define acceptable performance as meeting the state standard determined by the commissioner under Section 39.053(e) for the current school year based on:

(1)  student performance in the current school year; or

(2)  student performance as averaged over the current school year and the preceding two school years.

(d)  In evaluating performance under Subsection (c), the commissioner:

(1)  may assign an acceptable performance rating if the campus or district:

(A)  performs satisfactorily on 85 percent of the measures the commissioner determines appropriate with respect to the student achievement indicators adopted under Sections 39.053(c)(1) and (2); and

(B)  does not fail to perform satisfactorily on the same measure described by Paragraph (A) for two consecutive school years;

(2)  may grant an exception under this subsection to a district or campus only if the performance of the district or campus is within a certain percentage, as determined by the commissioner, of the minimum performance standard established by the commissioner for the measure of evaluation; or

(3)  may establish other performance criteria for a district or campus to obtain an exception under this subsection.

(d-1)  The commissioner may consider alternative performance criteria to Subsection (d)(1)(A) only in special circumstances, including campus or district performance on the same measure for student groups that are substantially similar in composition to all students on the same campus or district.

(e)   Each annual performance review under this section shall include an analysis of the student achievement indicators adopted under Section 39.053(c) to determine school district and campus performance in relation to:

(1)  standards established for each indicator; and

(2)  required improvement as defined under Section 39.053(e).

(f)  In the computation of dropout rates under Section 39.053(c)(2), a student who is released from a juvenile pre-adjudication secure detention facility or juvenile post-adjudication secure correctional facility and fails to enroll in school or a student who leaves a residential treatment center after receiving treatment for fewer than 85 days and fails to enroll in school may not be considered to have dropped out from the school district or campus serving the facility or center unless that district or campus is the one to which the student is regularly assigned.  The agency may not limit an appeal relating to dropout computations under this subsection.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.055.  Student Ordered By A Juvenile Court Not Considered For Accountability Purposes.

Notwithstanding any other provision of this code, for purposes of determining the performance of a school district or campus under this chapter, a student ordered by a juvenile court into a residential program or facility operated by or under contract with the Texas Youth Commission, the Texas Juvenile Probation Commission, a juvenile board, or any other governmental entity is not considered to be a student of the school district in which the program or facility is physically located.  The performance of such a student on an assessment instrument or other student achievement indicator adopted under Section 39.053 or reporting indicator adopted under Section 39.301 shall be determined, reported, and considered separately from the performance of students attending a school of the district in which the program or facility is physically located.

Added by Acts 2001, 77th Leg., ch. 834, Sec. 12, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 27, 61(1), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 903, Sec. 1, 4, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.056.  On-site Investigations.

(a) The commissioner may:

(1)  direct the agency to conduct on-site investigations of a school district at any time to answer any questions concerning a program, including special education, required by federal law or for which the district receives federal funds; and

(2)  as a result of the investigation, change the accreditation status of a district, change the accountability rating of a district or campus, or withdraw a distinction designation under Subchapter G.

(b)  The commissioner shall determine the frequency of on-site investigations by the agency according to annual comprehensive analyses of student performance and equity in relation to the student achievement indicators adopted under Section 39.053.

(c)  In making an on-site accreditation investigation, the investigators shall obtain information from administrators, teachers, and parents of students enrolled in the school district.  The investigation may not be closed until information is obtained from each of those sources.  The State Board of Education shall adopt rules for:

(1)  obtaining information from parents and using that information in the investigator's report; and

(2)  obtaining information from teachers in a manner that prevents a district or campus from screening the information.

(d)  The agency shall give written notice to the superintendent and the board of trustees of a school district of any impending investigation of the district's accreditation.

(e)   The investigators shall report orally and in writing to the board of trustees of the school district and, as appropriate, to campus administrators and shall make recommendations concerning any necessary improvements or sources of aid such as regional education service centers.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.057.  Special Accreditation Investigations.

(a) The commissioner shall authorize special accreditation investigations to be conducted:

(1)  when excessive numbers of absences of students eligible to be tested on state assessment instruments are determined;

(2)  when excessive numbers of allowable exemptions from the required state assessment instruments are determined;

(3)  in response to complaints submitted to the agency with respect to alleged violations of civil rights or other requirements imposed on the state by federal law or court order;

(4)  in response to established compliance reviews of the district's financial accounting practices and state and federal program requirements;

(5)  when extraordinary numbers of student placements in disciplinary alternative education programs, other than placements under Sections 37.006 and 37.007, are determined;

(6)  in response to an allegation involving a conflict between members of the board of trustees or between the board and the district administration if it appears that the conflict involves a violation of a role or duty of the board members or the administration clearly defined by this code;

(7)  when excessive numbers of students in special education programs under Subchapter A, Chapter 29, are assessed through assessment instruments developed or adopted under Section 39.023(b);

(8)  in response to an allegation regarding or an analysis using a statistical method result indicating a possible violation of an assessment instrument security procedure established under Section 39.0301, including for the purpose of investigating or auditing a school district under that section;

(9)  when a significant pattern of decreased academic performance has developed as a result of the promotion in the preceding two school years of students who did not perform satisfactorily as determined by the commissioner under Section 39.0241(a) on assessment instruments administered under Section 39.023(a), (c), or (l);

(10)  when excessive numbers of students graduate under the minimum high school program;

(11)  when excessive numbers of students eligible to enroll fail to complete an Algebra II course or any other course determined by the commissioner as distinguishing between students participating in the recommended high school program from students participating in the minimum high school program;

(12)  when resource allocation practices as evaluated under Section 39.0821 indicate a potential for significant improvement in resource allocation; or

(13)  as the commissioner otherwise determines necessary.

(b)  If the agency's findings in an investigation under Subsection (a)(6) indicate that the board of trustees has observed a lawfully adopted policy, the agency may not substitute its judgment for that of the board.

(c)  The commissioner may authorize special accreditation investigations to be conducted in response to repeated complaints submitted to the agency concerning imposition of excessive paperwork requirements on classroom teachers.

(d)  Based on the results of a special accreditation investigation, the commissioner may:

(1)  take appropriate action under Subchapter E;

(2)  lower the school district's accreditation status or a district's or campus's accountability rating; or

(3)  take action under both Subdivisions (1) and (2).

(e)   Regardless of whether the commissioner lowers the school district's accreditation status or a district's or campus's performance rating under Subsection (d), the commissioner may take action under Sections 39.102(a)(1) through (8) or Section 39.103 if the commissioner determines that the action is necessary to improve any area of a district's or campus's performance, including the district's financial accounting practices.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.058.  Conduct Of Investigations.

(a) The agency shall adopt written procedures for conducting on-site investigations under this subchapter.  The agency shall make the procedures available to the complainant, the alleged violator, and the public.  Agency staff must be trained in the procedures and must follow the procedures in conducting the investigation.

(b)  After completing an investigation, the agency shall present preliminary findings to any person the agency finds has violated a law, rule, or policy.  Before issuing a report with its final findings, the agency must provide a person the agency finds has violated a law, rule, or policy an opportunity for an informal review by the commissioner or a designated hearing examiner.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Subchapter D. Financial Accountability

Section 39.081.  Definitions.

In this subchapter:

(1)  "Parent" includes a guardian or other person having lawful control of a student.

(2)  "System" means a financial accountability rating system developed under this subchapter.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.082.  Development And Implementation.

(a) The commissioner shall, in consultation with the comptroller, develop and implement separate financial accountability rating systems for school districts and open-enrollment charter schools in this state that:

(1)  distinguish among school districts and distinguish among open-enrollment charter schools, as applicable, based on levels of financial performance; and

(2)  include procedures to:

(A)  provide additional transparency to public education finance; and

(B)  enable the commissioner and school district and open-enrollment charter school administrators to provide meaningful financial oversight and improvement.

(b)  The system must include uniform indicators adopted by the commissioner by which to measure the financial management performance of a district or open-enrollment charter school.

(c)  The system may not include an indicator under Subsection (b) or any other performance measure that:

(1)  requires a school district to spend at least 65 percent or any other specified percentage of district operating funds for instructional purposes; or

(2)  lowers the financial management performance rating of a school district for failure to spend at least 65 percent or any other specified percentage of district operating funds for instructional purposes.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.0821.  Comptroller Review Of Resource Allocation Practices.

(a) The comptroller shall identify school districts and campuses that use resource allocation practices that contribute to high academic achievement and cost-effective operations.  In identifying districts and campuses under this section, the comptroller shall:

(1)  evaluate existing academic accountability and financial data by integrating the data;

(2)  rank the results of the evaluation under Subdivision (1) to identify the relative performance of districts and campuses; and

(3)  identify potential areas for district and campus improvement.

(b)  In reviewing resources allocation practices of districts and campuses under this section, the comptroller shall ensure resources are being used for the instruction of students by evaluating:

(1)  the operating cost for each student;

(2)  the operating cost for each program; and

(3)  the staffing cost for each student.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.0822.  Financial Solvency Review Required.

(a) The agency shall develop a review process to anticipate the future financial solvency of each school district.  The review process shall analyze:

(1)  district revenues and expenditures for the preceding school year; and

(2)  projected district revenues and expenditures for the current school year and the following two school years.

(b)  In analyzing the information under Subsection (a), the review process developed must consider, for the preceding school year, the current school year, and the following two school years, as appropriate:

(1)  student-to-staff ratios relative to expenditures, including average staff salaries;

(2)  the rate of change in the district unreserved general fund balance;

(3)  the number of students enrolled in the district;

(4)  the adopted tax rate of the district;

(5)  any independent audit report prepared for the district; and

(6)  actual district financial information for the first quarter.

(c)  The agency shall consult school district financial officers and public finance experts in developing the review process under this section.

(d)  The agency shall develop an electronic-based program for school districts to use in submitting information to the agency for purposes of this section.  Each district shall update information for purposes of the program within the period prescribed by the commissioner.  The commissioner shall adopt rules under this subsection to allow a district to enter estimates of critical data into the program before the district adopts its budget.  The program must:

(1)  be capable of importing, to the extent practicable, data a district has previously submitted to the agency;

(2)  include an entry space that allows a district to enter information explaining any irregularity in data submitted; and

(3)  provide alerts for:

(A)  a student-to-staff ratio that is significantly outside the norm;

(B)  a rapid depletion of the district general fund balance; and

(C)  a significant discrepancy between actual budget figures and projected revenues and expenditures.

(e)  An alert in the program developed under Subsection (d) must be developed to notify the agency immediately on the occurrence of a condition described by Subsection (d)(3).  After the agency is alerted, the agency shall immediately notify the affected school district regarding the condition triggering the alert.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.0823.  Projected Deficit.

(a) If the review process under Section 39.0822 indicates a projected deficit for a school district general fund within the following three school years, the district shall provide the agency interim financial reports, supplemented by staff and student count data, as needed, to evaluate the district's current budget status.

(b)  If the interim financial data provided under Subsection (a) substantiates the projected deficit, the school district shall develop a financial plan and submit the plan to the agency for approval.  The agency may approve the plan only if the agency determines the plan will permit the district to avoid the projected insolvency.

(c)  The commissioner shall assign a school district an accredited-warned status if:

(1)  the district fails to submit a plan as provided by Subsection (b);

(2)  the district fails to obtain approval from the agency for a plan as provided by Subsection (b);

(3)  the district fails to comply with a plan approved by the agency under Subsection (b); or

(4)  the agency determines in a subsequent school year, based on financial data submitted by the district, that the approved plan for the district is no longer sufficient or is not appropriately implemented.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.083.  Reporting.

(a) The commissioner shall develop, as part of the system, a reporting procedure under which:

(1)  each school district is required to prepare and distribute an annual financial management report; and

(2)  the public is provided an opportunity to comment on the report at a hearing.

(b)  The annual financial management report must include:

(1)  a description of the district's financial management performance based on a comparison, provided by the agency, of the district's performance on the indicators adopted under Section 39.082(b) to:

(A)  state-established standards; and

(B)  the district's previous performance on the indicators;

(2)  a description of the data submitted using the electronic-based program developed under Section 39.0822; and

(3)  any descriptive information required by the commissioner.

(c)  The report may include:

(1)  information concerning the district's:

(A)  financial allocations;

(B)  tax collections;

(C)  financial strength;

(D)  operating cost management;

(E)  personnel management;

(F)  debt management;

(G)  facility acquisition and construction management;

(H)  cash management;

(I)  budgetary planning;

(J)  overall business management;

(K)  compliance with rules; and

(L)  data quality; and

(2)  any other information the board of trustees determines to be necessary or useful.

(d)  The board of trustees of each school district shall hold a public hearing on the report.  The board shall give notice of the hearing to owners of real property in the district and to parents of district students.  In addition to other notice required by law, notice of the hearing must be provided:

(1)  to a newspaper of general circulation in the district; and

(2)  through electronic mail to media serving the district.

(e)  After the hearing, the report shall be disseminated in the district in the manner prescribed by the commissioner.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.084.  Posting Of Adopted Budget.

(a) On final approval of the budget by the board of trustees, the school district shall post on the district's Internet website a copy of the budget adopted by the board of trustees.  The district's Internet website must prominently display the electronic link to the adopted budget.

(b)  The district shall maintain the adopted budget on the district's Internet website until the third anniversary of the date the budget was adopted.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.085.  Rules.

The commissioner shall adopt rules as necessary for the implementation and administration of this subchapter.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section number assigned.

Section [39.086] 39.205.  Software Standards.

(a) The Department of Information Resources, in cooperation with the commissioner, shall adopt performance and interoperability standards for software used by school districts for financial accounting or attendance reporting.

(b)  Standards adopted under this section must ensure that the software will enable a school district to share and report information in a timely manner for purposes of financial management, operational decision-making, and transparency of district operations to the public.

(c)  The Department of Information Resources:

(1)  shall include compliance with standards adopted under this section as a requirement in any solicitation for software anticipated to be used for a purpose described by Subsection (a);

(2)  shall require a vendor awarded a contract in response to a solicitation described by Subdivision (1) to certify that the software complies with the standards adopted under this section; and

(3)  may negotiate state contract pricing for software that complies with the standards adopted under this section.

Added by Acts 2009, 81st Leg., R.S., Ch. 393, Sec. 2.06, eff. September 1, 2009.



Subchapter E. Accreditation Interventions And Sanctions

Section 39.102.  Interventions And Sanctions For Districts.

(a) If a school district does not satisfy the accreditation criteria under Section 39.052, the academic performance standards under Section 39.053 or 39.054, or any financial accountability standard as determined by commissioner rule, the commissioner shall take any of the following actions to the extent the commissioner determines necessary:

(1)  issue public notice of the deficiency to the board of trustees;

(2)  order a hearing conducted by the board of trustees of the district for the purpose of notifying the public of the insufficient performance, the improvements in performance expected by the agency, and the interventions and sanctions that may be imposed under this section if the performance does not improve;

(3)  order the preparation of a student achievement improvement plan that addresses each student achievement indicator under Section 39.053(c) for which the district's performance is insufficient, the submission of the plan to the commissioner for approval, and implementation of the plan;

(4)  order a hearing to be held before the commissioner or the commissioner's designee at which the president of the board of trustees of the district and the superintendent shall appear and explain the district's low performance, lack of improvement, and plans for improvement;

(5)  arrange an on-site investigation of the district;

(6)  appoint an agency monitor to participate in and report to the agency on the activities of the board of trustees or the superintendent;

(7)  appoint a conservator to oversee the operations of the district;

(8)  appoint a management team to direct the operations of the district in areas of insufficient performance or require the district to obtain certain services under a contract with another person;

(9)  if a district has a current accreditation status of accredited-warned or accredited-probation, fails to satisfy any standard under Section 39.054(e), or fails to satisfy financial accountability standards as determined by commissioner rule, appoint a board of managers to exercise the powers and duties of the board of trustees;

(10)  if for two consecutive school years, including the current school year, a district has received an accreditation status of accredited-warned or accredited-probation, has failed to satisfy any standard under Section 39.054(e), or has failed to satisfy financial accountability standards as determined by commissioner rule, revoke the district's accreditation and:

(A)  order closure of the district and annex the district to one or more adjoining districts under Section 13.054; or

(B)  in the case of a home-rule school district or open-enrollment charter school, order closure of all programs operated under the district's or school's charter; or

(11)  if a district has failed to satisfy any standard under Section 39.054(e) due to the district's dropout rates, impose sanctions designed to improve high school completion rates, including:

(A)  ordering the development of a dropout prevention plan for approval by the commissioner;

(B)  restructuring the district or appropriate school campuses to improve identification of and service to students who are at risk of dropping out of school, as defined by Section 29.081;

(C)  ordering lower student-to-counselor ratios on school campuses with high dropout rates; and

(D)  ordering the use of any other intervention strategy effective in reducing dropout rates, including mentor programs and flexible class scheduling.

(b)  This subsection applies regardless of whether a district has satisfied the accreditation criteria.  If for two consecutive school years, including the current school year, a district has had a conservator or management team assigned, the commissioner may appoint a board of managers, a majority of whom must be residents of the district, to exercise the powers and duties of the board of trustees.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.103.  Interventions And Sanctions For Campuses.

(a) If a campus performance is below any standard under Section 39.054(e), the commissioner shall take actions, to the extent the commissioner determines necessary, as provided by this subchapter.

(b)  For a campus described by Subsection (a), the commissioner, to the extent the commissioner determines necessary, may:

(1)   order a hearing to be held before the commissioner or the commissioner's designee at which the president of the board of trustees, the superintendent, and the campus principal shall appear and explain the campus's low performance, lack of improvement, and plans for improvement; or

(2)  establish a school community partnership team composed of members of the campus-level planning and decision-making committee established under Section 11.251 and additional community representatives as determined appropriate by the commissioner.

(c)  Notwithstanding the provisions of this subchapter, if the commissioner determines that a campus subject to interventions or sanctions under this subchapter has implemented substantially similar intervention measures under federal accountability requirements, the commissioner may accept the substantially similar intervention measures as measures in compliance with this subchapter.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.104.  Interventions And Sanctions For Charter Schools.

(a) Interventions and sanctions authorized under this chapter for a school district or campus apply in the same manner to an open-enrollment charter school.

(b)  The commissioner shall adopt rules to implement procedures to impose any intervention or sanction provision under this chapter as those provisions relate to open-enrollment charter schools.

(c)  In adopting rules under this section, the commissioner shall require that the charter of an open-enrollment charter school:

(1)  be automatically revoked if the charter school is ordered closed under this chapter; and

(2)  be automatically modified to remove authorization for an individual campus if the campus is ordered closed under this chapter.

(d)  If interventions or sanctions are imposed on an open-enrollment charter school under the procedures provided by this chapter, a charter school is not entitled to an additional hearing relating to the modification, placement on probation, revocation, or denial of renewal of a charter as provided by Subchapter D, Chapter 12.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.105.  Campus Improvement Plan.

(a) This section applies if a campus performance satisfies performance standards under Section 39.054(e) for the current school year but would not satisfy performance standards under Section 39.054(e) if the standards to be used for the following school year were applied to the current school year.  On request of the commissioner, the campus-level committee established under Section 11.251 shall revise and submit to the commissioner in an electronic format the portions of the campus improvement plan developed under Section 11.253 that are relevant to those areas for which the campus would not satisfy performance standards.

(b)  If the campus to which this section applies is an open-enrollment charter school, the school shall establish a campus-level planning and decision-making committee as provided for through procedures as much as practicable the same as those provided by Sections 11.251(b)-(e) and develop a campus improvement plan as provided by Section 11.253.  On request of the commissioner, the school shall submit to the commissioner in an electronic format the portions of the campus improvement plan that are relevant to those areas for which the campus would not satisfy performance standards.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.106.  Campus Intervention Team.

(a) If a campus performance is below any standard under Section 39.054(e), the commissioner shall assign a campus intervention team.  A campus intervention team shall:

(1)  conduct, with the involvement and advice of the school community partnership team, if applicable:

(A)  a targeted on-site needs assessment relevant to an area of insufficient performance of the campus as provided by Subsection (b); or

(B)  if the commissioner determines necessary, a comprehensive on-site needs assessment, using the procedures provided by Subsection (b);

(2)  recommend appropriate actions as provided by Subsection (c);

(3)  assist in the development of a targeted improvement plan;

(4)  assist the campus in submitting the targeted improvement plan to the board of trustees for approval and presenting the plan in a public hearing as provided by Subsection (e-1); and

(5)  assist the commissioner in monitoring the progress of the campus in implementing the targeted improvement plan.

(b)  An on-site needs assessment of the campus under Subsection (a) must determine the contributing education-related and other factors resulting in the campus's low performance and lack of progress.  The team shall use all of the following guidelines and procedures relevant to each area of insufficient performance in conducting a targeted on-site needs assessment and shall use each of the following guidelines and procedures in conducting a comprehensive on-site needs assessment:

(1)  an assessment of the staff to determine the percentage of certified teachers who are teaching in their field, the percentage of teachers who are fully certified, the number of teachers with more than three years of experience, and teacher retention rates;

(2)  compliance with the appropriate class-size rules and number of class-size waivers received;

(3)  an assessment of the quality, quantity, and appropriateness of instructional materials, including the availability of technology-based instructional materials;

(4)  a report on the parental involvement strategies and the effectiveness of the strategies;

(5)  an assessment of the extent and quality of the mentoring program provided for new teachers on the campus and provided for experienced teachers on the campus who have less than two years of teaching experience in the subject or grade level to which the teacher is assigned;

(6)  an assessment of the type and quality of the professional development provided to the staff;

(7)  a demographic analysis of the student population, including student demographics, at-risk populations, and special education percentages;

(8)  a report of disciplinary incidents and school safety information;

(9)  financial and accounting practices;

(10)  an assessment of the appropriateness of the curriculum and teaching strategies;

(11)  a comparison of the findings from Subdivisions (1) through (10) to other campuses serving the same grade levels within the district or to other campuses within the campus's comparison group if there are no other campuses within the district serving the same grade levels as the campus; and

(12)  any other research-based data or information obtained from a data collection process that would assist the campus intervention team in:

(A)  recommending an action under Subsection (c); and

(B)  executing a targeted improvement plan under Subsection (d-3).

(c)  On completing the on-site needs assessment under this section, the campus intervention team shall, with the involvement and advice of the school community partnership team, if applicable, recommend actions relating to any area of insufficient performance, including:

(1)  reallocation of resources;

(2)  technical assistance;

(3)  changes in school procedures or operations;

(4)  staff development for instructional and administrative staff;

(5)  intervention for individual administrators or teachers;

(6)  waivers from state statutes or rules;

(7)  teacher recruitment or retention strategies and incentives provided by the district to attract and retain teachers with the characteristics included in Subsection (b)(1); or

(8)  other actions the campus intervention team considers appropriate.

(d)  The campus intervention team shall assist the campus in submitting the targeted improvement plan to the commissioner for approval.

(d-1)  The commissioner may authorize a school community partnership team established under this subchapter to supersede the authority of and satisfy the requirements of establishing and maintaining a campus-level planning and decision-making committee under Subchapter F, Chapter 11.

(d-2)  The commissioner may authorize a targeted improvement plan or updated plan developed under this subchapter to supersede the provisions of and satisfy the requirements of developing, reviewing, and revising a campus improvement plan under Subchapter F, Chapter 11.

(d-3)  In executing the targeted improvement plan, the campus intervention team shall, if appropriate:

(1)  assist the campus in implementing research-based practices for curriculum development and classroom instruction, including bilingual education and special education programs and financial management;

(2)  provide research-based technical assistance, including data analysis, academic deficiency identification, intervention implementation, and budget analysis, to strengthen and improve the instructional programs at the campus; and

(3)  require the district to develop a teacher recruitment and retention plan to address the qualifications and retention of the teachers at the campus.

(e)  For each year a campus is assigned an unacceptable performance rating, a campus intervention team shall:

(1)  continue to work with a 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

(3)  submit each updated plan described by Subdivision (2) to the board of trustees of the school district.

(e-1)  After a targeted improvement plan or updated plan is submitted to the board of trustees of the school district, the board:

(1)  shall conduct a hearing for the purpose of:

(A)  notifying the public of the insufficient performance, the improvements in performance expected by the agency, and the intervention measures or sanctions that may be imposed under this subchapter if the performance does not improve within a designated period; and

(B)  soliciting public comment on the targeted improvement plan or any updated plan;

(2)  must post the targeted improvement plan on the district's Internet website before the hearing;

(3)  may conduct one hearing relating to one or more campuses subject to a targeted improvement plan or an updated plan; and

(4)  shall submit the targeted improvement plan or any updated plan to the commissioner for approval.

(f)  Notwithstanding any other provision of this subchapter, if the commissioner determines that a campus for which an intervention is ordered under Subsection (a) is not fully implementing the campus intervention team's recommendations or targeted improvement plan or updated plan, the commissioner may order the reconstitution of the campus as provided by Section 39.107.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.107.  Reconstitution, Repurposing, Alternative Management, And Closure.

(a) After a campus has been identified as unacceptable for two consecutive school years, the commissioner shall order the reconstitution of the campus.

(a-1)  In reconstituting a campus, a campus intervention team shall assist the campus in:

(1)  developing an updated targeted improvement plan;

(2)  submitting the updated targeted improvement plan to the board of trustees of the school district for approval and presenting the plan in a public hearing as provided by Section 39.106(e-1);

(3)  obtaining approval of the updated plan from the commissioner; and

(4)  executing the plan on approval by the commissioner.

(b)  The campus intervention team shall decide which educators may be retained at that campus.  A principal who has been employed by the campus in that capacity during the full period described by Subsection (a) may not be retained at that campus unless the campus intervention team determines that retention of the principal would be more beneficial to the student achievement and campus stability than removal.

(b-1)  A teacher of a subject assessed by an assessment instrument under Section 39.023 may be retained only if the campus intervention team determines that a pattern exists of significant academic improvement by students taught by the teacher.  If an educator is not retained, the educator may be assigned to another position in the district.

(b-2)  For each year that a campus is considered to have an unacceptable performance rating, a campus intervention team shall:

(1)  assist in updating the targeted improvement plan to identify and analyze areas of growth and areas that require improvement;

(2)  submit the updated plan to:

(A)  the board of trustees of the school district; and

(B)  the parents of campus students; and

(3)  assist in submitting the updated plan to the commissioner for approval.

(c)  A campus subject to Subsection (a) shall implement the updated targeted improvement plan as approved by the commissioner.  The commissioner may appoint a monitor, conservator, management team, or board of managers to the district to ensure and oversee district-level support to low-performing campuses and the implementation of the updated targeted improvement plan.  In making appointments under this subsection, the commissioner shall consider individuals who have demonstrated success in managing campuses with student populations similar to the campus at which the individual appointed will serve.

(d)  If the commissioner determines that the campus is not fully implementing the updated targeted improvement plan or if the students enrolled at the campus fail to demonstrate substantial improvement in the areas targeted by the updated plan, the commissioner may order:

(1)  repurposing of the campus under this section;

(2)  alternative management of the campus under this section; or

(3)  closure of the campus.

(e)   If a campus is considered to have an unacceptable performance rating for three consecutive school years after the campus is reconstituted under Subsection (a), the commissioner shall order:

(1)  repurposing of the campus under this section;

(2)  alternative management of the campus under this section; or

(3)  closure of the campus.

(e-1)  The commissioner may waive the requirement to enter an order under Subsection (e) for not more than one school year if the commissioner determines that, on the basis of significant improvement in student performance over the preceding two school years, the campus is likely to be assigned an acceptable performance rating for the following school year.

(f)  If the commissioner orders repurposing of a campus, the school district shall develop a comprehensive plan for repurposing the campus and submit the plan to the board of trustees for approval, using the procedures described by Section 39.106(e-1), and to the commissioner for approval. The plan must include a description of a rigorous and relevant academic program for the campus. The plan may include various instructional models. The commissioner may not approve the repurposing of a campus unless:

(1)  all students in the assigned attendance zone of the campus in the school year immediately preceding the repurposing of the campus are provided with the opportunity to enroll in and are provided transportation on request to another campus, unless the commissioner grants an exception because there is no other campus in the district in which the students may enroll;

(2)  the principal is not retained at the campus, unless the commissioner determines that students enrolled at the campus have demonstrated significant academic improvement; and

(3)  teachers employed at the campus in the school year immediately preceding the repurposing of the campus are not retained at the campus, unless the commissioner or the commissioner's designee grants an exception, at the request of a school district, for:

(A)  a teacher who provides instruction in a subject other than a subject for which an assessment instrument is administered under Section 39.023(a) or (c) who demonstrates to the commissioner satisfactory performance; or

(B)  a teacher who provides instruction in a subject for which an assessment instrument is administered under Section 39.023(a) or (c) if the district demonstrates that the students of the teacher demonstrated satisfactory performance or improved academic growth on that assessment instrument.

(g)  If an educator is not retained under Subsection (f), the educator may be assigned to another position in the district.

(h)  If the commissioner orders alternative management under this section, the commissioner shall solicit proposals from qualified nonprofit entities to assume management of a campus subject to this section or may appoint to assume management of a campus subject to this section a school district other than the district in which the campus is located that is located in the boundaries of the same regional education service center as the campus is located.  The commissioner may solicit proposals from qualified for-profit entities to assume management of a campus subject to this section if a nonprofit entity has not responded to the commissioner's request for proposals.  A district appointed under this section shall assume management of a campus subject to this section in the same manner provided by this section for a qualified entity or in accordance with commissioner rule.

(i)  If the commissioner determines that the basis for the unsatisfactory performance of a campus for more than two consecutive school years is limited to a specific condition that may be remedied with targeted technical assistance, the commissioner may  require the district to contract for the appropriate technical assistance.

(j)  The commissioner may annually solicit proposals under this section for the management of a campus subject to this section.  The commissioner shall notify a qualified entity that has been approved as a provider under this section.  The district must execute a contract with an approved provider and relinquish control of the campus before January 1 of the school year.

(k)  To qualify for consideration as a managing entity under this section, 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 that have:

(1)  documented success in whole school interventions that increased the educational and performance levels of students in campuses considered to have an unacceptable performance rating;

(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.

(l)  In selecting a managing entity under this section, the commissioner shall give preference to a qualified entity that:

(1)  meets any qualifications under this section; and

(2)  has documented success in educating students from similar demographic groups and with similar educational needs as the students who attend the campus that is to be operated by a managing entity under this section.

(m)  The school district may negotiate the term of a management contract for not more than five years with an option to renew the contract.  The management contract must include a provision describing the district's responsibilities in supporting the operation of the campus.  The commissioner shall approve the contract before the contract is executed and, as appropriate, may require the district, as a term of the contract, to support the campus in the same manner as the district was required to support the campus before the execution of the management contract.

(n)  A management contract under this section shall include provisions approved by the commissioner that require the managing entity to demonstrate improvement in campus performance, including negotiated performance measures.  The performance measures must be consistent with the priorities of this chapter.  The commissioner shall evaluate a managing entity's performance on the first and second anniversaries of the date of the management contract.  If the evaluation fails to demonstrate improvement as negotiated under the contract by the first anniversary of the date of the management contract, the district may terminate the management contract, with the commissioner's consent, for nonperformance or breach of contract and select another provider from an approved list provided by the commissioner.  If the evaluation fails to demonstrate significant improvement, as determined by the commissioner, by the second anniversary of the date of the management contract, the district shall terminate the management contract and select another provider from an approved list provided by the commissioner or resume operation of the campus if approved by the commissioner.  If the commissioner approves the district's operation of the campus, the commissioner shall assign a technical assistance team to assist the campus.

(o)  Notwithstanding any other provision of this code, the funding for a campus operated by a managing entity must be not less than the funding of the other campuses in the district on a per student basis so that the managing entity receives at least the same funding the campus would otherwise have received.

(p)  Each campus operated by a managing entity under this section is subject to this chapter in the same manner as any other campus in the district.

(q)  The commissioner may adopt rules necessary to implement this section.

(r)  With respect to the management of a campus under this section:

(1)  a managing entity is considered to be a governmental body for purposes of Chapters 551 and 552, Government Code; and

(2)  any requirement in Chapter 551 or 552, Government Code, that applies to a school district or the board of trustees of a school district applies to a managing entity.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.108.  Annual Review.

The commissioner shall review annually the performance of a district or campus subject to this subchapter to determine the appropriate actions to be implemented under this subchapter.  The commissioner must review at least annually the performance of a district for which the accreditation status or rating has been lowered due to insufficient student performance and may not raise the accreditation status or rating until the district has demonstrated improved student performance.  If the review reveals a lack of improvement, the commissioner shall increase the level of state intervention and sanction unless the commissioner finds good cause for maintaining the current status.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.109.  Acquisition Of Professional Services.

In addition to other interventions and sanctions authorized under this subchapter, the commissioner may order a school district or campus to acquire professional services at the expense of the district or campus to address the applicable financial, assessment, data quality, program, performance, or governance deficiency.  The commissioner's order may require the district or campus to:

(1)  select or be assigned an external auditor, data quality expert, professional authorized to monitor district assessment instrument administration, or curriculum or program expert; or

(2)  provide for or participate in the appropriate training of district staff or board of trustees members in the case of a district, or campus staff, in the case of a campus.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.110.  Costs Paid By District.

The costs of providing a monitor, conservator, management team, campus intervention team, technical assistance team, managing entity, or service provider under this subchapter shall be paid by the district.  If the district fails or refuses to pay the costs in a timely manner, the commissioner may:

(1)  pay the costs using amounts withheld from any funds to which the district is otherwise entitled; or

(2)  recover the amount of the costs in the manner provided for recovery of an overallocation of state funds under Section 42.258.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.111.  Conservator Or Management Team.

(a) The commissioner shall clearly define the powers and duties of a conservator or management team appointed to oversee the operations of the district.

(b)  At least every 90 days, the commissioner shall review the need for the conservator or management team and shall remove the conservator or management team unless the commissioner determines that continued appointment is necessary for effective governance of the district or delivery of instructional services.

(c)  A conservator or management team, if directed by the commissioner, shall prepare a plan for the implementation of action under Section 39.102(a)(9) or (10).  The conservator or management team:

(1)  may direct an action to be taken by the principal of a campus, the superintendent of the district, or the board of trustees of the district;

(2)  may approve or disapprove any action of the principal of a campus, the superintendent of the district, or the board of trustees of the district;

(3)  may not take any action concerning a district election, including ordering or canceling an election or altering the date of or the polling places for an election;

(4)  may not change the number of or method of selecting the board of trustees;

(5)  may not set a tax rate for the district; and

(6)  may not adopt a budget for the district that provides for spending a different amount, exclusive of required debt service, from that previously adopted by the board of trustees.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.112.  Board Of Managers.

(a) A board of managers may exercise all of the powers and duties assigned to a board of trustees of a school district by law, rule, or regulation.  This subchapter applies to a district governed by a board of managers in the same manner that this subchapter applies to any other district.

(b)  If the commissioner appoints a board of managers to govern a district, the powers of the board of trustees of the district are suspended for the period of the appointment and the commissioner shall appoint a district superintendent.  Notwithstanding any other provision of this code, the board of managers may amend the budget of the district.

(c)  If the commissioner appoints a board of managers to govern a campus, the powers of the board of trustees of the district in relation to the campus are suspended for the period of the appointment and the commissioner shall appoint a campus principal.  Notwithstanding any other provision of this code, the board of managers may submit to the commissioner for approval amendments to the budget of the district for the benefit of the campus.  If the commissioner approves the amendments, the board of trustees of the district shall adopt the amendments.

(d)  A conservator or a member of a management team appointed to serve on a board of managers may continue to be compensated as determined by the commissioner.

(e)  At the direction of the commissioner but not later than the second anniversary of the date the board of managers of a district was appointed, the board of managers shall order an election of members of the district board of trustees.  The election must be held on a uniform election date on which an election of district trustees may be held under Section 41.001, Election Code, that is at least 180 days after the date the election was ordered.  On qualification of members for office, the board of trustees assumes all of the powers and duties assigned to a board of trustees by law, rule, or regulation.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.113.  Campus Intervention Team.

A campus intervention team appointed under this subchapter may consist of teachers, principals, other educational professionals, and superintendents recognized for excellence in their roles and appointed by the commissioner to serve as members of a team.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 5.06, eff. May 31, 2006.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.114.  Immunity From Civil Liability. An

employee, volunteer, or contractor acting on behalf of the commissioner under this subchapter is immune from civil liability to the same extent as a professional employee of a school district under Section 22.051.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 5.06, eff. May 31, 2006.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1328, Sec. 42, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1328, Sec. 43, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1328, Sec. 105(a)(5), eff. September 1, 2009.



Section 39.115.  Campus Name Change Prohibited.

In reconstituting, repurposing, or imposing any other intervention or sanction on a campus under this subchapter, the commissioner may not require that the name of the campus be changed.

Added by Acts 2007, 80th Leg., R.S., Ch. 1058, Sec. 13, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 443, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 443, Sec. 2, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



For expiration of this section, see Subsection (g).

Section 39.116.  Transitional Interventions And Sanctions. (

a) During the period of transition to the accreditation system established under H.B. No. 3, Acts of the 81st Legislature, Regular Session, 2009, to be implemented in August 2013, the commissioner may suspend assignment of accreditation statuses and performance ratings for the 2011-2012 school year.

(b)  As soon as practicable following the 2011-2012 school year, the commissioner shall report district and campus performance under the student achievement indicators under Sections 39.053(c)(1)(A) and (B).

(c)  For the 2012-2013 school year, the commissioner shall:

(1)  report district and campus performance under the student achievement indicator under Section 39.053(c)(1)(B); and

(2)  evaluate district and campus performance under the student achievement indicator under Section 39.053(c)(1)(A) and assign district accreditation statuses and district and campus performance ratings based on that evaluation.

(d)  Beginning with the 2013-2014 school year, the commissioner shall evaluate district and campus performance under the student achievement indicators under Sections 39.053(c)(1)(A) and (B) and assign district accreditation statuses and district and campus performance ratings based on that evaluation.

(e)  During the 2011-2012 and 2012-2013 school years, the commissioner shall continue to implement interventions and sanctions for districts and campuses identified as having unacceptable performance in the 2010-2011 school year in accordance with the performance standards applicable during the 2010-2011 school year and may increase or decrease the level of interventions and sanctions based on an evaluation of the district's or campus's performance.

(f)  For purposes of determining multiple years of unacceptable performance and required district and campus interventions and sanctions under this subchapter, the performance ratings and accreditation statuses issued in the 2010-2011 and 2012-2013 school years shall be considered consecutive.

(g)  This section expires September 1, 2014.

Added by Acts 2007, 80th Leg., R.S., Ch. 1058, Sec. 13, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Subchapter F. Procedures For Challenge Of Accountability Determination, Intervention, Or Sanction

Section 39.151.  Review By Commissioner:  Accountability Determination.

(a) The commissioner by rule shall provide a process for a school district or open-enrollment charter school to challenge an agency decision made under this chapter relating to an academic or financial accountability rating that affects the district or school.

(b)  The rules under Subsection (a) must provide for the commissioner to appoint a committee to make recommendations to the commissioner on a challenge made to an agency decision relating to an academic performance rating or determination or financial accountability rating.  The commissioner may not appoint an agency employee as a member of the committee.

(c)  The commissioner may limit a challenge under this section to a written submission of any issue identified by the school district or open-enrollment charter school challenging the agency decision.

(d)  The commissioner shall make a final decision under this section after considering the recommendation of the committee described by Subsection (b).  The commissioner's decision may not be appealed under Section 7.057 or other law.

(e)  A school district or open-enrollment charter school may not challenge an agency decision relating to an academic or financial accountability rating under this chapter in another proceeding if the district or school has had an opportunity to challenge the decision under this section.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.152.  Review By State Office Of Administrative Hearings:  Sanctions.

(a) A school district or open-enrollment charter school that intends to challenge a decision by the commissioner under this chapter to close the district or a district campus or the charter school or to pursue alternative management of a district campus or the charter school must appeal the decision under the procedures provided for a contested case under Chapter 2001, Government Code.

(b)  A challenge to a decision under this section is under the substantial evidence rule as provided by Subchapter G, Chapter 2001, Government Code.

(c)  Notwithstanding other law:

(1)  the State Office of Administrative Hearings shall provide an expedited review of a challenge under this section;

(2)  the administrative law judge shall issue a final order not later than the 30th day after the date on which the hearing is finally closed; and

(3)  the decision of the administrative law judge is final and may not be appealed.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Subchapter G. Distinction Designations

Section 39.201.  Distinction Designations. Not

later than August 8 of each year, the commissioner shall award distinction designations under this subchapter.  A district or campus may not be awarded a distinction designation under this subchapter unless the district or campus has acceptable performance under Section 39.054.

Added by Acts 2001, 77th Leg., ch. 914, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.202.  Academic Excellence Distinction Designation For Districts And Campuses.

The commissioner by rule shall establish a recognized and exemplary rating for awarding districts and campuses an academic distinction designation under this subchapter.  In establishing the recognized and exemplary ratings, the commissioner shall adopt criteria for the ratings, including:

(1)  percentages of students who:

(A)  performed satisfactorily, as determined under the college readiness performance standard under Section 39.0241, on assessment instruments required under Section 39.023(a), (b), (c), or (l), aggregated across grade levels by subject area; or

(B)  met the standard for annual improvement, as determined by the agency under Section 39.034, on assessment instruments required under Section 39.023(a), (b), (c), or (l), aggregated across grade levels by subject area, for students who did not perform satisfactorily as described by Paragraph (A); and

(2)  other factors for determining sufficient student attainment of postsecondary readiness.

Added by Acts 2001, 77th Leg., ch. 914, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 2.05, eff. May 31, 2006.

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.203.  Campus Distinction Designations. (a)

The commissioner shall award a campus a distinction designation if the campus is ranked in the top 25 percent of campuses in the state in annual improvement in student achievement as determined under Section 39.034.

(b)  In addition to the distinction designation described by Subsection (a), the commissioner shall award a campus a distinction designation if the campus demonstrates an ability to significantly diminish or eliminate performance differentials between student subpopulations and is ranked in the top 25 percent of campuses in this state under the performance criteria described by this subsection.  The commissioner shall adopt rules related to the distinction designation under this subsection to ensure that a campus does not artificially diminish or eliminate performance differentials through inhibiting the achievement of the highest achieving student subpopulation.

(c)  In addition to the distinction designations described by Subsections (a) and (b), a campus that satisfies the criteria developed under Section 39.204 shall be awarded a distinction designation by the commissioner for the following programs or the following specific categories of performance:

(1)  academic achievement in English language arts, mathematics, science, or social studies;

(2)  fine arts;

(3)  physical education;

(4)  21st Century Workforce Development program; and

(5)  second language acquisition program.

Added by Acts 2001, 77th Leg., ch. 914, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.204.  Campus Distinction Designation Criteria; Committees.

(a) The commissioner by rule shall establish:

(1)  standards for considering campuses for distinction designations under Section 39.203(c); and

(2)  methods for awarding distinction designations to campuses.

(b)  In adopting rules under this section, the commissioner shall establish a separate committee to develop criteria for each distinction designation under Section 39.203(c).

(c)  Each committee established under this section must include:

(1)  individuals who practice as professionals in the content area relevant to the distinction designation, as applicable;

(2)  individuals with subject matter expertise in the content area relevant to the distinction designation;

(3)  educators with subject matter expertise in the content area relevant to the distinction designation; and

(4)  community leaders, including leaders from the business community.

(d)  For each committee, the governor, lieutenant governor, and speaker of the house of representatives may each appoint a person described by each subdivision of Subsection (c).

(e)  In developing criteria for distinction designations under this section, each committee shall:

(1)  identify a variety of indicators for measuring excellence; and

(2)  consider categories for distinction designations, with criteria relevant to each category, based on:

(A)  the level of a program, whether elementary school, middle or junior high school, or  high school; and

(B)  the student enrollment of a campus.

Added by Acts 2001, 77th Leg., ch. 914, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Subchapter H. Additional Rewards

Section 39.232.  Excellence Exemptions.

(a) Except as provided by Subsection (b), a school campus or district that is rated exemplary under Subchapter G is exempt from requirements and prohibitions imposed under this code including rules adopted under this code.

(b)  A school campus or district is not exempt under this section from:

(1)  a prohibition on conduct that constitutes a criminal offense;

(2)  requirements imposed by federal law or rule, including requirements for special education or bilingual education programs; or

(3)  a requirement, restriction, or prohibition relating to:

(A)  curriculum essential knowledge and skills under Section 28.002 or high school graduation requirements under Section 28.025;

(B)  public school accountability as provided by Subchapters B, C, D, E, and J;

(C)  extracurricular activities under Section 33.081;

(D)  health and safety under Chapter 38;

(E)  purchasing under Subchapter B, Chapter 44;

(F)  elementary school class size limits, except as provided by Subsection (d) or Section 25.112;

(G)  removal of a disruptive student from the classroom under Subchapter A, Chapter 37;

(H)  at risk programs under Subchapter C, Chapter 29;

(I)  prekindergarten programs under Subchapter E, Chapter 29;

(J)  rights and benefits of school employees;

(K)  special education programs under Subchapter A, Chapter 29; or

(L)  bilingual education programs under Subchapter B, Chapter 29.

(c)  The agency shall monitor and evaluate deregulation of a school campus or district under this section and Section 7.056.

(d)  The commissioner may exempt an exemplary school campus 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.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.233.  Recognition Of High School Completion And Success And College Readiness Programs.

(a) The agency shall:

(1)  develop standards for evaluating the success and cost-effectiveness of high school completion and success and college readiness programs implemented under Section 39.234;

(2)  provide guidance for school districts and campuses in establishing and improving high school completion and success and college readiness programs implemented under Section 39.234; and

(3)  develop standards for selecting and methods for recognizing school districts and campuses that offer exceptional high school completion and success and college readiness programs under Section 39.234.

(b)  The commissioner may adopt rules for the administration of this section.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.234.  Use Of High School Allotment.

(a) Except as provided by Subsection (b), a school district or campus must use funds allocated under Section 42.160 to:

(1)  implement or administer a college readiness program that provides academic support and instruction to prepare underachieving students for entrance into an institution of higher education;

(2)  implement or administer a program that encourages students to pursue advanced academic opportunities, including early college high school programs and dual credit, advanced placement, and international baccalaureate courses;

(3)  implement or administer a program that provides opportunities for students to take academically rigorous course work, including four years of mathematics and four years of science at the high school level;

(4)  implement or administer a program, including online course support and professional development, that aligns the curriculum for grades six through 12 with postsecondary curriculum and expectations; or

(5)  implement or administer other high school completion and success initiatives in grades six through 12 approved by the commissioner.

(b)  A school district may use funds allocated under Section 42.160 on any instructional program in grades six through 12 other than an athletic program if:

(1)  the district's measure of progress toward college readiness is determined exceptional by a standard set by the commissioner; and

(2)  the district's completion rates for grades nine through 12 exceed completion rate standards required by the commissioner to achieve a status of accredited under Section 39.051.

(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1328, Sec.105(a)(5), eff. September 1, 2009.

(d)  The commissioner shall adopt rules to administer this section, including rules related to the permissible use of funds allocated under this section to an open-enrollment charter school.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1328, Sec. 105(a)(5), eff. September 1, 2009.



Section 39.235.  Innovation Grant Initiative For Middle, Junior High, And High School Campuses.

(a) From funds appropriated for that purpose, the commissioner may establish a grant program under which grants are awarded to middle, junior high, and high school campuses and school districts to support:

(1)  the implementation of innovative improvement programs that are based on the best available research regarding middle, junior high, or high school reform, dropout prevention, and preparing students for postsecondary coursework or employment;

(2)  enhancing education practices that have been demonstrated by significant evidence of effectiveness; and

(3)  the alignment of grants and programs to the strategic plan adopted under Section 39.407.

(b)  Before awarding a grant under this section, the commissioner may require a campus or school district to:

(1)  obtain local matching funds; or

(2)  meet other conditions, including developing a personal graduation plan under Section 28.0212 for each student enrolled at the campus or in a district middle, junior high, or high school.

(c)  The commissioner may:

(1)  accept gifts, grants, or donations from a private foundation to implement a grant program under this section; and

(2)  coordinate gifts, grants, or donations with other available funding to implement a grant program under this section.

(d)  The commissioner may use funds appropriated under this section to support technical assistance services for school districts and open-enrollment charter schools to implement an improvement program under this section.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.236.  Gifted And Talented Standards.

The commissioner shall adopt standards to evaluate school district programs for gifted and talented students to determine whether a district operates a program for gifted and talented students in accordance with:

(1)  the Texas Performance Standards Project; or

(2)  another program approved by the commissioner that meets the requirements of the state plan for the education of gifted and talented students under Section 29.123.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Subchapter I. Successful School Awards

Section 39.261.  Creation Of System.

The Texas Successful Schools Awards System is created to recognize and reward those schools and school districts that demonstrate progress or success in achieving the education goals of the state.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.262.  Types Of Awards.

(a) The governor may present a financial award to the schools or districts that the commissioner determines have demonstrated the highest levels of sustained success or the greatest improvement in achieving the education goals.  For each student in average daily attendance, each of those schools or districts is entitled to an amount set for the award for which the school or district is selected by the commissioner, subject to any limitation set by the commissioner on the total amount that may be awarded to a school or district.

(b)  The governor may present proclamations or certificates to additional schools and districts determined to have met or exceeded the education goals.

(c)  The commissioner may establish additional categories of awards and award amounts for a school or district determined to be successful under Subsection (a) or (b) that are contingent on the school's or district's involvement with paired, lower-performing schools.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.263.  Awards.

(a) The criteria that the commissioner shall use to select successful schools and districts must be related to the goals in Section 4.002 and must include consideration of performance on the student achievement indicators adopted under Section 39.053(c) and consideration of the distinction designation criteria prescribed by or developed under Subchapter G.

(b)  For purposes of selecting schools and districts under Section 39.262(a), each school's performance shall be compared to state standards and to its previous performance.

(c)  The commissioner shall select annually schools and districts qualified to receive successful school awards for their performance and report the selections to the governor and the State Board of Education.

(d)  The agency shall notify each school district of the manner in which the district or a school in the district may qualify for a successful school award.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.264.  Use Of Awards.

(a) In determining the use of a monetary award received under this subchapter, a school or district shall give priority to academic enhancement purposes.  The award may not be used for any purpose related to athletics, and it may not be used to substitute for or replace funds already in the regular budget for a school or district.

(b)  The campus-level committee established under Section 11.253 shall determine the use of the funds awarded to a school under this subchapter.  The professional staff of the district shall determine the use of the funds awarded to the school district under this subchapter.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.265.  Funding.

The award system may be funded by donations, grants, or legislative appropriations.  The commissioner may solicit and receive grants and donations for the purpose of making awards under this subchapter.  A small portion of the award funds may be used by the commissioner to pay for the costs associated with sponsoring a ceremony to recognize or present awards to schools or districts under this subchapter.  The donations, grants, or legislative appropriations shall be accounted for and distributed by the agency.  The awards are subject to audit requirements established by the State Board of Education.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.266.  Confidentiality.

All information and reports received by the commissioner under this subchapter from schools or school districts deemed confidential under Chapter 552, Government Code, are confidential and may not be disclosed in any public or private proceeding.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Subchapter J. Parent And Educator Reports

Section 39.301.  Additional Performance Indicators:  Reporting.

(a) In addition to the indicators adopted under Section 39.053, the commissioner shall adopt indicators of the quality of learning for the purpose of preparing reports under this chapter.  The commissioner biennially shall review the indicators for the consideration of appropriate revisions.

(b)  Performance on the indicators adopted under this section shall be evaluated in the same manner provided for evaluation of the student achievement indicators under Section 39.053(c).

(c)  Indicators for reporting purposes must include:

(1)  the percentage of graduating students who meet the course requirements established by State Board of Education rule for the minimum high school program, the recommended high school program, and the advanced high school program;

(2)  the results of the SAT, ACT, articulated postsecondary degree programs described by Section 61.852, and certified workforce training programs described by Chapter 311, Labor Code;

(3)  for students who have failed to perform satisfactorily, under each performance standard under Section 39.0241, on an assessment instrument required under Section 39.023(a) or (c), the performance of those students on subsequent assessment instruments required under those sections, aggregated by grade level and subject area;

(4)  for each campus, the number of students, disaggregated by major student subpopulations, that agree under Section 28.025(b) to take courses under the minimum high school program;

(5)  the percentage of students, aggregated by grade level, provided accelerated instruction under Section 28.0211(c), the results of assessment instruments administered under that section, the percentage of students promoted through the grade placement committee process under Section 28.0211, the subject of the assessment instrument on which each student failed to perform satisfactorily under each performance standard under Section 39.0241, and the performance of those students in the school year following that promotion on the assessment instruments required under Section 39.023;

(6)  the percentage of students of limited English proficiency exempted from the administration of an assessment instrument under Sections 39.027(a)(1) and (2);

(7)  the percentage of students in a special education program under Subchapter A, Chapter 29, assessed through assessment instruments developed or adopted under Section 39.023(b);

(8)  the percentage of students who satisfy the college readiness measure;

(9)  the measure of progress toward dual language proficiency under Section 39.034(b), for students of limited English proficiency, as defined by Section 29.052;

(10)  the percentage of students who are not educationally disadvantaged;

(11)  the percentage of students who enroll and begin instruction at an institution of higher education in the school year following high school graduation; and

(12)  the percentage of students who successfully complete the first year of instruction at an institution of higher education without needing a developmental education course.

(d)  Performance on the indicators described by Section 39.053(c) and Subsections (c)(3), (4), and (9) must be based on longitudinal student data that is disaggregated by the bilingual education or special language program, if any, in which students of limited English proficiency, as defined by Section 29.052, are or former students of limited English proficiency were enrolled.  If a student described by this subsection is not or was not enrolled in specialized language instruction, the number and percentage of those students shall be provided.

(e)  Section 39.055 applies in evaluating indicators described by Subsection (c).

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 3.22, eff. May 31, 2006.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.302.  Report To District: Comparisons For Annual Performance Assessment. (a)

The agency shall report to each school district the comparisons of student performance made under Section 39.034.

(b)  To the extent practicable, the agency shall combine the report of comparisons with the report of the student's performance on assessment instruments under Section 39.023.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 3.22, eff. May 31, 2006.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.303.  Report To Parents.

(a) The school district a student attends shall provide a record of the comparisons made under Section 39.034 and provided to the district under Section 39.302 in a written notice to the student's parent or other person standing in parental relationship.

(b)  For a student who failed to perform satisfactorily as determined under either performance standard under Section 39.0241 on an assessment instrument administered under Section 39.023(a), (c), or (l), the school district shall include in the notice specific information relating to access to online educational resources at the appropriate assessment instrument content level, including educational resources described by Section 32.252(b)(2) and assessment instrument questions and answers released under Section 39.023(e).

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.304.  Teacher Report Card.

(a) Each school district shall prepare a report of the comparisons made under Section 39.034 and provided to the district under Section 39.302 and provide the report at the beginning of the school year to:

(1)  each teacher for all students, including incoming students, who were assessed on an assessment instrument under Section 39.023; and

(2)  all students under Subdivision (1) who were provided instruction by that teacher in the subject for which the assessment instrument was administered under Section 39.023.

(b)  The report shall indicate whether the student performed satisfactorily or, if the student did not perform satisfactorily, whether the student met the standard for annual improvement under Section 39.034.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.305.  Campus Report Card.

(a) Each school year, the agency shall prepare and distribute to each school district a report card for each campus.  The campus report cards must be based on the most current data available disaggregated by student groups.  Campus performance must be compared to previous campus and district performance, current district performance, and state established standards.

(b)  The report card shall include the following information:

(1)  where applicable, the student achievement indicators described by Section 39.053(c) and the reporting indicators described by Sections 39.301(c)(1) through (5);

(2)  average class size by grade level and subject;

(3)  the administrative and instructional costs per student, computed in a manner consistent with Section 44.0071; and

(4)  the district's instructional expenditures ratio and instructional employees ratio computed under Section 44.0071, and the statewide average of those ratios, as determined by the commissioner.

(c)  The commissioner shall adopt rules requiring dissemination of the information required under Subsection (b)(4) and appropriate class size and student performance portions of campus report cards annually to the parent, guardian, conservator, or other person having lawful control of each student at the campus.  On written request, the school district shall provide a copy of a campus report card to any other party.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.306.  Performance Report.

(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 considered an unacceptable campus under Subchapter E;

(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.

(b)  Supplemental information to be included in the reports shall be determined by the board of trustees.  Performance information in the annual reports on the indicators  described by Sections 39.053 and 39.301 and descriptive information required by this section shall be provided by the agency.

(c)  The board of trustees shall hold a hearing for public discussion of the report.  The board of trustees shall give notice of the hearing to property owners in the district and parents of and other persons standing in parental relation to a district student.  The notification must include notice to a newspaper of general circulation in the district and notice to electronic media serving the district.  After the hearing the report shall be widely disseminated within the district in a manner to be determined under rules adopted by the commissioner.

(d)  The report must also include a comparison provided by the agency of:

(1)  the performance of each campus to its previous performance and to state-established standards; and

(2)  the performance of each district to its previous performance and to state-established standards.

(e)  The report may include the following information:

(1)  student information, including total enrollment, enrollment by ethnicity, socioeconomic status, and grade groupings and retention rates;

(2)  financial information, including revenues and expenditures;

(3)  staff information, including number and type of staff by sex, ethnicity, years of experience, and highest degree held, teacher and administrator salaries, and teacher turnover;

(4)  program information, including student enrollment by program, teachers by program, and instructional operating expenditures by program; and

(5)  the number of students placed in a disciplinary alternative education program under Chapter 37.

(f)  The commissioner by rule shall authorize the combination of this report with other reports and financial statements and shall restrict the number and length of reports that school districts, school district employees, and school campuses are required to prepare.

(g)  The report must include a statement of the amount, if any, of the school district's unencumbered surplus fund balance as of the last day of the preceding fiscal year and the percentage of the preceding year's budget that the surplus represents.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.307.  Uses Of Performance Report.

The information required to be reported under Section 39.306 shall be:

(1)  the subject of public hearings or meetings required under Sections 11.252, 11.253, and 39.306;

(2)  a primary consideration in school district and campus planning; and

(3)  a primary consideration of:

(A)  the State Board of Education in the evaluation of the performance of the commissioner;

(B)  the commissioner in the evaluation of the performance of the directors of the regional education service centers;

(C)  the board of trustees of a school district in the evaluation of the performance of the superintendent of the district; and

(D)  the superintendent in the evaluation of the performance of the district's campus principals.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.308.  Annual Audit Of Dropout Records; Report.

(a) The commissioner shall develop a process for auditing school district dropout records electronically.  The commissioner shall also develop a system and standards for review of the audit or use systems already available at the agency.  The system must be designed to identify districts that are at high risk of having inaccurate dropout records and that, as a result, require on-site monitoring of dropout records.

(b)  If the electronic audit of a school district's dropout records indicates that a district is not at high risk of having inaccurate dropout records, the district may not be subject to on-site monitoring under this subsection.

(c)  If the risk-based system indicates that a school district is at high risk of having inaccurate dropout records, the district is entitled to an opportunity to respond to the commissioner's determination before on-site monitoring may be conducted.  The district must respond not later than the 30th day after the date the commissioner notifies the district of the commissioner's determination.  If the district's response does not change the commissioner's determination that the district is at high risk of having inaccurate dropout records or if the district does not respond in a timely manner, the commissioner shall order agency staff to conduct on-site monitoring of the district's dropout records.

(d)  The commissioner shall notify the board of trustees of a school district of any objection the commissioner has to the district's dropout data, any violation of sound accounting practices or of a law or rule revealed by the data, or any recommendation by the commissioner concerning the data. If the data reflect that a penal law has been violated, the commissioner shall notify the county attorney, district attorney, or criminal district attorney, as appropriate, and the attorney general.

(e)  The commissioner is entitled to access to all district records the commissioner considers necessary or appropriate for the review, analysis, or approval of district dropout data.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Subchapter K. Reports By Texas Education Agency

Section 39.331.  General Requirements.

(a) Each report required by this subchapter must:

(1)  unless otherwise specified, contain summary information and analysis only, with an indication that the agency will provide the data underlying the report on request;

(2)  specify a person at the agency who may be contacted for additional information regarding the report and provide the person's telephone number; and

(3)  identify other sources of related information, indicating the level of detail and format of information that may be obtained, including the availability of any information on the Texas Education Network.

(b)  Each component of a report required by this subchapter must:

(1)  identify the substantive goal underlying the information required to be reported;

(2)  analyze the progress made and longitudinal trends in achieving the underlying substantive goal;

(3)  offer recommendations for improved progress in achieving the underlying substantive goal; and

(4)  identify the relationship of the information required to be reported to state education goals.

(c)  Unless otherwise provided, each report required by this subchapter is due not later than December 1 of each even-numbered year.

(d)  Subsections (a) and (b) apply to any report required by statute that the agency or the State Board of Education must prepare and deliver to the governor, lieutenant governor, speaker of the house of representatives, or legislature.

(e)  Unless otherwise provided by law, any report required by statute that the agency or the State Board of Education must prepare and deliver to the governor, lieutenant governor, speaker of the house of representatives, or legislature may be combined, at the discretion of the commissioner, with a report required by this subchapter.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.332.  Comprehensive Annual Report.

(a) Not later than December 1 of each year, the agency shall prepare and deliver to the governor, the lieutenant governor, the speaker of the house of representatives, each member of the legislature, the Legislative Budget Board, and the clerks of the standing committees of the senate and house of representatives with primary jurisdiction over the public school system a comprehensive report covering the preceding school year and containing the information described by Subsection (b).

(b)(1)  The report must contain an evaluation of the achievements of the state educational program in relation to the statutory goals for the public education system under Section 4.002.

(2)  The report must contain an evaluation of the status of education in the state as reflected by:

(A)  the student achievement indicators described by Section 39.053; and

(B)  the reporting indicators described by Section 39.301.

(3)  The report must contain a summary compilation of overall student performance on academic skills assessment instruments required by Section 39.023 with the number and percentage of students exempted from the administration of those instruments and the basis of the exemptions, aggregated by grade level, subject area, campus, and district, with appropriate interpretations and analysis, and disaggregated by race, ethnicity, gender, and socioeconomic status.

(4)  The report must contain a summary compilation of overall performance of students placed in a disciplinary alternative education program established under Section 37.008 on academic skills assessment instruments required by Section 39.023 with the number of those students exempted from the administration of those instruments and the basis of the exemptions, aggregated by district, grade level, and subject area, with appropriate interpretations and analysis, and disaggregated by race, ethnicity, gender, and socioeconomic status.

(5)  The report must contain a summary compilation of overall performance of students at risk of dropping out of school, as defined by Section 29.081(d), on academic skills assessment instruments required by Section 39.023 with the number of those students exempted from the administration of those instruments and the basis of the exemptions, aggregated by district, grade level, and subject area, with appropriate interpretations and analysis, and disaggregated by race, ethnicity, gender, and socioeconomic status.

(6)  The report must contain an evaluation of the correlation between student grades and student performance on academic skills assessment instruments required by Section 39.023.

(7)  The report must contain a statement of the dropout rate of students in grade levels 7 through 12, expressed in the aggregate and by grade level, and a statement of the completion rates of students for grade levels 9 through 12.

(8)  The report must contain a statement of:

(A)  the completion rate of students who enter grade level 9 and graduate not more than four years later;

(B)  the completion rate of students who enter grade level 9 and graduate, including students who require more than four years to graduate;

(C)  the completion rate of students who enter grade level 9 and not more than four years later receive a high school equivalency certificate;

(D)  the completion rate of students who enter grade level 9 and receive a high school equivalency certificate, including students who require more than four years to receive a certificate; and

(E)  the number and percentage of all students who have not been accounted for under Paragraph (A), (B), (C), or (D).

(9)  The report must contain a statement of the projected cross-sectional and longitudinal dropout rates for grade levels 9 through 12 for the next five years, assuming no state action is taken to reduce the dropout rate.

(10)  The report must contain a description of a systematic, measurable plan for reducing the projected cross-sectional and longitudinal dropout rates to five percent or less.

(11)  The report must contain a summary of the information required by Section 29.083 regarding grade level retention of students and information concerning:

(A)  the number and percentage of students retained; and

(B)  the performance of retained students on assessment instruments required under Section 39.023(a).

(12)  The report must contain information, aggregated by district type and disaggregated by race, ethnicity, gender, and socioeconomic status, on:

(A)  the number of students placed in a disciplinary alternative education program established under Section 37.008;

(B)  the average length of a student's placement in a disciplinary alternative education program established under Section 37.008;

(C)  the academic performance of students on assessment instruments required under Section 39.023(a) during the year preceding and during the year following placement in a disciplinary alternative education program; and

(D)  the dropout rates of students who have been placed in a disciplinary alternative education program established under Section 37.008.

(13)  The report must contain a list of each school district or campus that does not satisfy performance standards, with an explanation of the actions taken by the commissioner to improve student performance in the district or campus and an evaluation of the results of those actions.

(14)  The report must contain an evaluation of the status of the curriculum taught in public schools, with recommendations for legislative changes necessary to improve or modify the curriculum required by Section 28.002.

(15)  The report must contain a description of all funds received by and each activity and expenditure of the agency.

(16)  The report must contain a summary and analysis of the instructional expenditures ratios and instructional employees ratios of school districts computed under Section 44.0071.

(17)  The report must contain a summary of the effect of deregulation, including exemptions and waivers granted under Section 7.056 or 39.232.

(18)  The report must contain a statement of the total number and length of reports that school districts and school district employees must submit to the agency, identifying which reports are required by federal statute or rule, state statute, or agency rule, and a summary of the agency's efforts to reduce overall reporting requirements.

(19)  The report must contain a list of each school district that is not in compliance with state special education requirements, including:

(A)  the period for which the district has not been in compliance;

(B)  the manner in which the agency considered the district's failure to comply in determining the district's accreditation status; and

(C)  an explanation of the actions taken by the commissioner to ensure compliance and an evaluation of the results of those actions.

(20)  The report must contain a comparison of the performance of open-enrollment charter schools and school districts on the student achievement indicators described by Section 39.053(c), the reporting indicators described by Section 39.301(c), and the accountability measures adopted under Section 39.053(i), with a separately aggregated comparison of the performance of open-enrollment charter schools predominantly serving students at risk of dropping out of school, as described by Section 29.081(d), with the performance of school districts.

(21)  The report must contain a summary of the information required by Section 38.0141 regarding student health and physical activity from each school district.

(22)  The report must contain a summary compilation of overall student performance under the assessment system developed to evaluate the longitudinal academic progress as required by Section 39.027(e), disaggregated by bilingual education or special language program instructional model, if any.

(23)  The report must contain any additional information considered important by the commissioner or the State Board of Education.

(c)  In reporting the information required by Subsection (b)(3) or (4), the agency may separately aggregate the performance data of students enrolled in a special education program under Subchapter A, Chapter 29.

(d)  In reporting the information required by Subsections (b)(3), (5), and (7), the agency shall separately aggregate the longitudinal performance data of all students identified as students of limited English proficiency, as defined by Section 29.052, or former students of limited English proficiency, disaggregated by bilingual education or special language program instructional model, if any, in which the students are or were enrolled.

(e)  Each report must contain the most recent data available.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.333.  Regional And District Level Report.

The agency shall prepare and deliver to the governor, the lieutenant governor, the speaker of the house of representatives, each member of the legislature, the Legislative Budget Board, and the clerks of the standing committees of the senate and house of representatives with primary jurisdiction over the public school system a regional and district level report covering the preceding two school years and containing:

(1)  a summary of school district compliance with the student/teacher ratios and class-size limitations prescribed by Sections 25.111 and 25.112, including:

(A)  the number of campuses and classes at each campus granted an exception from Section 25.112; and

(B)  for each campus granted an exception from Section 25.112, a statement of whether the campus has been awarded a distinction designation under Subchapter G or has been identified as an unacceptable campus under Subchapter E;

(2)  a summary of the exemptions and waivers granted to campuses and school districts under Section 7.056 or 39.232 and a review of the effectiveness of each campus or district following deregulation;

(3)  an evaluation of the performance of the system of regional education service centers based on the indicators adopted under Section 8.101 and client satisfaction with services provided under Subchapter B, Chapter 8;

(4)  an evaluation of accelerated instruction programs offered under Section 28.006, including an assessment of the quality of such programs and the performance of students enrolled in such programs; and

(5)  the number of classes at each campus that are currently being taught by individuals who are not certified in the content areas of their respective classes.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.334.  Technology Report.

The agency shall prepare and deliver to the governor, the lieutenant governor, the speaker of the house of representatives, each member of the legislature, the Legislative Budget Board, and the clerks of the standing committees of the senate and house of representatives with primary jurisdiction over the public school system a technology report covering the preceding two school years and containing information on the status of the implementation of and revisions to the long-range technology plan required by Section 32.001, including the equity of the distribution and use of technology in public schools.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.335.  Interim Report. Not La

ter than December 1 of each odd-numbered year, the agency shall prepare and deliver to the governor, the lieutenant governor, the speaker of the house of representatives, each member of the legislature, the Legislative Budget Board, and the clerks of the standing committees of the senate and house of representatives with primary jurisdiction over the public school system an interim report containing, for the previous school year, the information required by Section 39.333(2).

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Subchapter L. Notice Of Performance

Section 39.361.  Notice In Student Grade Report.

The first written notice of a student's performance that a school district gives during a school year as required by Section 28.022(a)(2) must include:

(1)  a statement of whether the campus at which the student is enrolled has been awarded a distinction designation under Subchapter G or has been identified as an unacceptable campus under Subchapter E; and

(2)  an explanation of the significance of the information provided under Subdivision (1).

Added by Acts 2007, 80th Leg., R.S., Ch. 1058, Sec. 14, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.362.  Notice On District Website.

Not later than the 10th day after the first day of instruction of each school year, a school district that maintains an Internet website shall make the following information available to the public on the website:

(1)  the information contained in the most recent campus report card for each campus in the district under Section 39.305;

(2)  the information contained in the most recent performance report for the district under Section 39.306;

(3)  the most recent accreditation status and performance rating of the district under Sections 39.052 and 39.054; and

(4)  a definition and explanation of each accreditation status under Section 39.051, based on commissioner rule adopted under that section.

Added by Acts 2007, 80th Leg., R.S., Ch. 1058, Sec. 14, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Subchapter M. High School Completion And Success Initiative

Section 39.401.  Definition.

In this subchapter, "council" means the High School Completion and Success Initiative Council.

Redesignated by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.402.  High School Completion And Success Initiative Council.

(a) The High School Completion and Success Initiative Council is established to identify strategic priorities for and make recommendations to improve the effectiveness, coordination, and alignment of high school completion and college and workforce readiness efforts.

(b)  The council is composed of:

(1)  the commissioner of education;

(2)  the commissioner of higher education; and

(3)  seven members appointed by the commissioner of education.

(c)  In making appointments required by Subsection (b)(3), the commissioner of education shall appoint:

(1)  three members from a list of nominations provided by the governor;

(2)  two members from a list of nominations provided by the lieutenant governor; and

(3)  two members from a list of nominations provided by the speaker of the house of representatives.

(d)  In making nominations under Subsection (c), the governor, lieutenant governor, and speaker of the house of representatives shall nominate persons who have distinguished experience in:

(1)  developing and implementing high school reform strategies; and

(2)  promoting college and workforce readiness.

Redesignated by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.403.  Terms.

Members of the council appointed under Section 39.402(b)(3) serve terms of two years and may be reappointed for additional terms.

Redesignated by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.404.  Presiding Officer.

The commissioner of education serves as the presiding officer of the council.

Redesignated by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.405.  Compensation And Reimbursement.

A member of the council is not entitled to compensation for service on the council but is entitled to reimbursement for actual and necessary expenses incurred in performing council duties.

Redesignated by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.406.  Council Staff And Funding.

(a) Except as otherwise provided, staff members of the agency, with the assistance of the Texas Higher Education Coordinating Board, shall provide administrative support for the council.

(b)  Funding for the administrative and operational expenses of the council shall be provided by appropriation to the agency for that purpose and by gifts, grants, and donations solicited and accepted by the agency for that purpose.

Redesignated by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.407.  Strategic Plan.

(a) The council shall adopt a strategic plan under this subchapter to:

(1)  specify strategies to identify, support, and expand programs to improve high school completion rates and college and workforce readiness;

(2)  establish specific goals with which to measure the success of the strategies identified under Subdivision (1) in improving high school completion rates and college and workforce readiness;

(3)  identify strategies for alignment and coordination of federal and other funding sources that may be pursued for high school reform, dropout prevention, and preparation of students for postsecondary coursework or employment; and

(4)  identify key objectives for appropriate research and program evaluation conducted as provided by this subchapter.

(b)  The commissioner of education and the commissioner of higher education shall adopt rules as necessary to administer the strategic plan adopted by the council under this section.

(c)  The commissioner of education or the commissioner of higher education may not, in a manner inconsistent with the strategic plan, spend money, award a grant, or enter into a contract in connection with a program relating to high school success and completion.

Redesignated by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.408.  Eligibility Criteria For Certain Grant Programs. A School District Or Cam

pus is eligible to participate in programs under Sections 21.4541, 29.095, 29.096, 29.097, and 29.098 if the district or campus exhibited during each of the three preceding school years characteristics that strongly correlate with high dropout rates.

Redesignated by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.409.  Private Foundation Partnerships.

(a) The commissioner of education or the commissioner of higher education, as appropriate, and the council may coordinate with private foundations that have made a substantial investment in the improvement of high schools in this state to maximize the impact of public and private investments.

(b)  A private foundation is not required to obtain the approval of the appropriate commissioner or the council under Subsection (a) before allocating resources to a school in this state.

Redesignated by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.410.  Grant Program Evaluation. (a)

The commissioner of education shall annually set aside not more than five percent of the funds appropriated for high school completion and success to contract for the evaluation of programs supported by grants approved under this subchapter.  In awarding a contract under this subsection, the commissioner shall consider centers for education research established under Section 1.005.

(b)  A person who receives a grant approved under this subchapter must consent to an evaluation under this section as a condition of receiving the grant.

(c)  The commissioner shall ensure that an evaluation conducted under this section includes an assessment of whether student achievement has improved.  Results of the evaluation shall be provided through the online clearinghouse of information relating to the best practices of campuses and school districts established under Section 7.009.

Redesignated by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.411.  Council Recommendations. (a) Based On The Strategic Plan Adopted Und

er this subchapter, the council shall make recommendations to the commissioner of education or the commissioner of higher education, as applicable, for the use of federal and state funds appropriated or received for high school reform, college readiness, and dropout prevention, including grants awarded under Sections 21.4511, 21.4541, 29.095-29.098, 29.917, 29.919, and 39.235.

(b)  The council shall include recommendations under this section for:

(1)  key elements of program design;

(2)  criteria for awarding grants and evaluating programs;

(3)  program funding priorities; and

(4)  program evaluation as provided by this subchapter.

(c)  The commissioner of education or the commissioner of higher education, as applicable, shall consider the council's recommendations and based on those recommendations may award grants to school districts, open-enrollment charter schools, institutions of higher education, regional education service centers, and nonprofit organizations to meet the goals of the council's strategic plan.

(d)  The commissioner of education or the commissioner of higher education, as applicable:

(1)  is not required under this section to allocate funds to a program or initiative recommended by the council; and

(2)  may not initiate a program funded under this section that does not conform to the recommended use of funds as provided under Subsections (a) and (b).

Redesignated by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.412.  Funding Provided To School Districts.

From funds appropriated, the commissioner of education may provide funding to school districts to permit a school district to obtain technical assistance in preparing a grant proposal for a grant program administered under this subchapter.

Redesignated by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.413.  Funding For Certain Programs.

(a) From funds appropriated, the Texas Higher Education Coordinating Board shall allocate $8.75 million each year to establish mathematics, science, and technology teacher preparation academies under Section 61.0766, provide funding to the commissioner of education to implement and administer the program under Section 29.098, and award grants under Section 61.0762(a)(3).

(b)  The Texas Higher Education Coordinating Board shall establish mathematics, science, and technology teacher preparation academies under Section 61.0766, provide funding to the commissioner of education to implement and administer the program under Section 29.098, and award grants under Section 61.0762(a)(3) in a manner consistent with the goals of this subchapter and the goals in "Closing the Gaps," the state's master plan for higher education.

Added by Acts 2007, 80th Leg., R.S., Ch. 1058, Sec. 14, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 851, Sec. 3, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 852, Sec. 2, eff. June 19, 2009.

Redesignated by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.414.  Private Funding.

The commissioner of education or the commissioner of higher education, as appropriate, may accept gifts, grants, or donations to fund a grant administered under this subchapter.

Redesignated by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.415.  Reports.

(a) Not later than December 1 of each even-numbered year, the agency shall prepare and deliver a report to the legislature that recommends any statutory changes the council considers appropriate to promote high school completion and college and workforce readiness.

(b)  Not later than March 1 and September 1 of each year, the commissioner of education shall prepare and deliver a progress report to the presiding officers of the standing committees of each house of the legislature with primary jurisdiction over public education, the Legislative Budget Board, and the Governor's Office of Policy and Planning on:

(1)  the implementation of Sections 7.031, 21.4511, 21.4541, 28.008(d-1), 28.0212(d), 29.095-29.098, 29.911, 29.917-29.919, and 39.235 and this subchapter;

(2)  the programs supported by grants approved under this subchapter; and

(3)  the alignment of grants and programs to the strategic plan adopted under Section 39.407.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 852, Sec. 3, eff. June 19, 2009.

Redesignated by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.



Section 39.416.  Rules.

The commissioner of education and the commissioner of higher education shall adopt rules as necessary to administer this subchapter and any programs under the authority of the commissioner of education or the commissioner of higher education and the council under this subchapter.

Redesignated by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 59, eff. June 19, 2009.


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