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A BILL TO BE ENTITLED
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AN ACT
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relating to certain powers and duties of the board of trustees of an |
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independent school district and the governing body of an |
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open-enrollment charter school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.1511, Education Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) The board may compel a school district's chief financial |
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officer or chief academic officer or a person holding an equivalent |
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position to appear at an executive session of the board or to |
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testify at a public hearing held by the board. A superintendent may |
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not interfere with an appearance or testimony compelled by the |
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board under this subsection. |
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SECTION 2. Section 11.1512, Education Code, is amended by |
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amending Subsection (c) and adding Subsection (g) to read as |
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follows: |
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(c) A member of the board of trustees of the district, when |
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acting in the member's official capacity, has an inherent right of |
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access to information, documents, and records maintained by the |
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district, and the district shall provide the information, |
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documents, and records to the member without requiring the member |
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to submit a public information request under Chapter 552, |
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Government Code. The district shall provide the information, |
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documents, and records to the member not later than the 20th |
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business day after the date the district receives a request, |
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without regard to whether the requested items are the subject of or |
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relate to an item listed on an agenda for an upcoming meeting. The |
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district may withhold or redact information, a document, or a |
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record requested by a member of the board to the extent that the |
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item is excepted from disclosure or is confidential under Chapter |
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552, Government Code, or other law. This subsection does not |
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require the district to provide information, documents, and records |
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that are not subject to disclosure under the Family Educational |
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Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). |
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(g) A district shall create a policy on visits to a district |
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campus or other facility by a member of the board of trustees of the |
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district. |
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SECTION 3. Section 11.1513, Education Code, is amended by |
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adding Subsection (k) to read as follows: |
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(k) Notwithstanding Subsection (a)(2), the board of |
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trustees may employ or dismiss a chief financial officer, a chief |
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academic officer, or a person holding an equivalent position. |
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SECTION 4. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Sections 11.1515 and 11.1516 to read as follows: |
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Sec. 11.1515. OVERSIGHT OF ACADEMIC ACHIEVEMENT. The board |
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of trustees of an independent school district or the governing body |
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of an open-enrollment charter school is responsible for overseeing |
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student academic achievement and maximizing student performance. |
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Sec. 11.1516. DISTRICT DATA ON ACADEMIC ACHIEVEMENT. |
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(a) On request by the board of trustees of an independent school |
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district, the agency shall create a secure Internet website that |
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members of the board may use to review campus and district academic |
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achievement data. |
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(b) The website must: |
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(1) include district information, disaggregated by |
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campus, grade, academic quarter or semester, as applicable, and |
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school year, regarding the following: |
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(A) student academic achievement and growth; |
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(B) teacher and student attendance; and |
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(C) student discipline records; and |
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(2) be updated each quarter of the school year. |
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(c) The commissioner shall provide information that permits |
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a board member to compare the district's academic performance with |
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the academic performance of other districts of similar size and |
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racial and economic demographics. |
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(d) A district must provide requested information to the |
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commissioner for the creation of a website under this section. |
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(e) The agency may contract with a private entity as |
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necessary to implement this section. |
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(f) All information and reports created or received by the |
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commissioner under this section from a district are considered |
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confidential under Chapter 552, Government Code, and may not be |
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disclosed in any public or private setting. |
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(g) The commissioner may adopt rules for the implementation |
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of this section. |
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SECTION 5. Section 11.157, Education Code, is amended to |
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read as follows: |
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Sec. 11.157. CONTRACTS FOR EDUCATIONAL SERVICES. (a) The |
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board of trustees of an independent school district may contract |
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with a public or private entity for that entity to provide |
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educational services for the district. |
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(b) The board of trustees by a majority vote may require a |
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two-thirds vote for the renewal of a contract described by |
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Subsection (a). |
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SECTION 6. Section 11.159, Education Code, is amended by |
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amending Subsection (b) and adding Subsections (c) and (d) to read |
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as follows: |
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(b) A trustee must complete any training required by the |
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State Board of Education. The minutes of the last regular meeting |
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of the board of trustees held during a calendar year must reflect |
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whether each trustee has met or is delinquent in meeting the |
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training required to be completed as of the date of the meeting. If |
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the minutes reflect that a trustee is delinquent, the district |
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shall post notice of the delinquency on the district's Internet |
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website within two weeks of discovering the delinquency and |
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maintain the posting until the trustee meets the requirements. |
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(c) The State Board of Education shall require a trustee to |
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complete at least three hours of training on evaluating student |
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academic performance each year. The agency shall create the |
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training on evaluating student academic performance and certify a |
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trustee's completion of the training. A candidate for trustee may |
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complete the training before the candidate is elected. A new |
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trustee shall complete the training within 120 days after the date |
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of the trustee's election or appointment. A returning trustee |
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shall complete the training annually. |
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(d) A trustee or candidate for trustee may complete training |
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required under Subsection (c) at a regional education service |
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center. |
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SECTION 7. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Section 11.182 to read as follows: |
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Sec. 11.182. BOARD IMPROVEMENT AND EVALUATION TOOL. |
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(a) The commissioner shall develop a board of trustees improvement |
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and evaluation tool. The evaluation tool must be designed to assist |
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a school district in improving board oversight and academic |
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achievement. |
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(b) A board of trustees may determine whether to use the |
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evaluation tool, except that the commissioner shall require a board |
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to use the evaluation tool if: |
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(1) the district has received an overall performance |
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rating of D or F under Section 39.054 for two of the preceding three |
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school years; or |
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(2) the commissioner determines the board is |
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ineffectively managing the district. |
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(c) The commissioner may adopt rules for the implementation |
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of this section. |
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SECTION 8. Section 11.201(b), Education Code, is amended to |
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read as follows: |
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(b) The board of trustees of an independent school district |
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may employ by contract a superintendent for a term not to exceed |
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five years. If approved by a majority vote of the board, the board |
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may specify in a superintendent's contract that the contract may be |
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renewed only with a two-thirds vote of the board. |
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SECTION 9. The heading to Section 12.064, Education Code, |
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is amended to read as follows: |
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Sec. 12.064. PROCEDURE FOR PLACEMENT ON PROBATION, [OR] |
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REVOCATION, OR RENEWAL. |
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SECTION 10. Section 12.064, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The board of trustees by a majority vote may require a |
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two-thirds vote for the renewal of a charter under this subchapter. |
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SECTION 11. Section 39.057(a), Education Code, is amended |
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to read as follows: |
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(a) The commissioner may authorize special accreditation |
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investigations to be conducted: |
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(1) when excessive numbers of absences of students |
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eligible to be tested on state assessment instruments are |
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determined; |
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(2) when excessive numbers of allowable exemptions |
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from the required state assessment instruments are determined; |
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(3) in response to complaints submitted to the agency |
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with respect to alleged violations of civil rights or other |
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requirements imposed on the state by federal law or court order; |
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(4) in response to established compliance reviews of |
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the district's financial accounting practices and state and federal |
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program requirements; |
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(5) when extraordinary numbers of student placements |
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in disciplinary alternative education programs, other than |
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placements under Sections 37.006 and 37.007, are determined; |
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(6) in response to an allegation involving a conflict |
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between members of the board of trustees or between the board and |
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the district administration if it appears that the conflict |
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involves a violation of a role or duty of the board members or the |
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administration clearly defined by this code; |
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(7) when excessive numbers of students in special |
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education programs under Subchapter A, Chapter 29, are assessed |
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through assessment instruments developed or adopted under Section |
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39.023(b); |
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(8) in response to an allegation regarding or an |
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analysis using a statistical method result indicating a possible |
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violation of an assessment instrument security procedure |
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established under Section 39.0301, including for the purpose of |
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investigating or auditing a school district under that section; |
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(9) when a significant pattern of decreased academic |
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performance has developed as a result of the promotion in the |
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preceding two school years of students who did not perform |
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satisfactorily as determined by the commissioner under Section |
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39.0241(a) on assessment instruments administered under Section |
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39.023(a), (c), or (l); |
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(10) when excessive numbers of students eligible to |
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enroll fail to complete an Algebra II course or any other advanced |
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course as determined by the commissioner; |
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(11) when resource allocation practices as evaluated |
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under Section 39.0821 indicate a potential for significant |
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improvement in resource allocation; |
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(12) when a disproportionate number of students of a |
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particular demographic group is graduating with a particular |
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endorsement under Section 28.025(c-1); |
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(13) when an excessive number of students is |
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graduating with a particular endorsement under Section |
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28.025(c-1); |
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(14) in response to a complaint submitted to the |
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agency with respect to alleged inaccurate data that is reported |
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through the Public Education Information Management System (PEIMS) |
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or through other reports required by state or federal law or rule or |
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court order and that is used by the agency to make a determination |
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relating to public school accountability, including accreditation, |
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under this chapter; [or] |
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(15) when the commissioner determines the board is |
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ineffectively managing the district; or |
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(16) as the commissioner otherwise determines |
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necessary. |
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SECTION 12. Section 39.102(a), Education Code, is amended |
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to read as follows: |
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(a) If a school district does not satisfy the accreditation |
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criteria under Section 39.052, the academic performance standards |
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under Section 39.053 or 39.054, or any financial accountability |
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standard as determined by commissioner rule, or if considered |
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appropriate by the commissioner on the basis of a special |
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accreditation investigation under Section 39.057, the commissioner |
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shall take any of the following actions to the extent the |
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commissioner determines necessary: |
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(1) issue public notice of the deficiency to the board |
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of trustees; |
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(2) order a hearing conducted by the board of trustees |
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of the district for the purpose of notifying the public of the |
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insufficient performance, the improvements in performance expected |
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by the agency, and the interventions and sanctions that may be |
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imposed under this section if the performance does not improve; |
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(3) order the preparation of a student achievement |
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improvement plan that addresses each academic achievement |
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indicator under Section 39.053(c) for which the district's |
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performance is insufficient, the submission of the plan to the |
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commissioner for approval, and implementation of the plan; |
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(4) order a hearing to be held before the commissioner |
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or the commissioner's designee at which the president of the board |
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of trustees of the district and the superintendent shall appear and |
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explain the district's low performance, lack of improvement, and |
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plans for improvement; |
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(5) arrange a monitoring review of the district; |
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(6) appoint an agency monitor to participate in and |
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report to the agency on the activities of the board of trustees or |
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the superintendent; |
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(7) appoint a conservator to oversee the operations of |
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the district; |
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(8) appoint a management team to direct the operations |
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of the district in areas of insufficient performance or require the |
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district to obtain certain services under a contract with another |
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person; |
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(9) if a district has a current accreditation status |
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of accredited-warned or accredited-probation, fails to satisfy any |
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standard under Section 39.054(e), or fails to satisfy financial |
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accountability standards as determined by commissioner rule, |
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appoint a board of managers to exercise the powers and duties of the |
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board of trustees; |
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(10) if for two consecutive school years, including |
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the current school year, a district has received an accreditation |
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status of accredited-warned or accredited-probation, has failed to |
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satisfy any standard under Section 39.054(e), or has failed to |
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satisfy financial accountability standards as determined by |
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commissioner rule, revoke the district's accreditation and: |
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(A) order closure of the district and annex the |
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district to one or more adjoining districts under Section 13.054; |
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or |
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(B) in the case of a home-rule school district or |
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open-enrollment charter school, order closure of all programs |
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operated under the district's or school's charter; [or] |
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(11) if a district has failed to satisfy any standard |
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under Section 39.054(e) due to the district's dropout rates, impose |
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sanctions designed to improve high school completion rates, |
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including: |
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(A) ordering the development of a dropout |
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prevention plan for approval by the commissioner; |
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(B) restructuring the district or appropriate |
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school campuses to improve identification of and service to |
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students who are at risk of dropping out of school, as defined by |
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Section 29.081; |
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(C) ordering lower student-to-counselor ratios |
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on school campuses with high dropout rates; and |
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(D) ordering the use of any other intervention |
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strategy effective in reducing dropout rates, including mentor |
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programs and flexible class scheduling; or |
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(12) order the use of the board improvement and |
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evaluation tool as provided by Section 11.182. |
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SECTION 13. This Act takes effect September 1, 2017. |