S.B. No. 123

	AN ACT
	relating to the authority of the commissioner of education to issue
	subpoenas and conduct accreditation investigations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsection (a), Section 39.0302, Education Code,
	is amended to read as follows:
	(a)  During an agency investigation or audit of a school
	district under Section 39.0301(e) or (f), an accreditation
	investigation under Section 39.057(a)(8) or (13) [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.
	SECTION 2.  Subsection (a), Section 39.057, Education Code,
	is amended to read as follows:
	(a)  The commissioner may [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)  in response to a complaint submitted to the
	agency with respect to alleged inaccurate data that is reported
	through the Public Education Information Management System (PEIMS)
	or through other reports required by state or federal law or rule or
	court order and that is used by the agency to make a determination
	relating to public school accountability, including accreditation,
	under this chapter; or
	(14)  as the commissioner otherwise determines
	necessary.
	SECTION 3.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2013.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 123 passed the Senate on
	April 3, 2013, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 21, 2013, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 123 passed the House, with
	amendment, on May 16, 2013, by the following vote: Yeas 123,
	Nays 19, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor